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City Council Packet 2007 02-27-07 c'r United City of Yorkville 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o Fax: 630-553-7575 S4.E AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM 2nd Revision 2/23/07 Tuesday,February 27,2007 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 Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 20, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, March 20,2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 6, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 6, 2007 City Hall Conference Room Presentations: City Council Meeting Agenda February 27, 2007 Page 2 --- - -------------------- - Public Hearings: None Citizen Comments: Consent Agenda: 1. PC 2007-02 Resolution Approving the Final Plat of Subdivision for Yorkville Market Square-authorize Mayor and City Clerk to execute 2. PC 2006-98 Yorkville Market Place a. Ordinance Authorizing the Execution of an Amendment to PUD Agreement-authorize Mayor and City Clerk to execute b. Amendment to a Consent Decree- approval of the form of the amended consent order 3. EDC 2007-05 Ordinance Authorizing the Execution an Amendment to Development/Economic Initiative Agreement for Yorkville Market Place-authorize Mayor and City Clerk to execute 4. PC 2006-92 &PC 2006-93 Rush-Copley a. Ordinance Authorizing the Execution of a PUD Agreement-authorize Mayor and City Clerk to execute b. Resolution Approving the Concept PUD Plan-authorize Mayor and City Clerk to execute c. Resolution Approving the Preliminary PUD Plan- authorize Mayor and City Clerk to execute 5. EDC 2007-06 Ordinance Accepting the Conveyance of Real Property(Sunflower Estates Open Space)— authorize Mayor and City Clerk to execute 6. EDC 2007-07 Ordinance Establishing Special Service Area Number 2006-119 (Sunflower Estates)— authorize Mayor and City Clerk to execute 7. PW 2007-16 Walnut Plaza—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 8. PW 2007-17 Grande Reserve Unit 14—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 9. PW 2007-18 Grande Reserve Unit 15—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 10. PW 2007-19 Grande Reserve Units 20 &21 —Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 11. PW 2007-20 Grande Reserve Units 23, 26 &27—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 12. PW 2007-21 Saravanos Development— Sitework Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by June 7, 2007 13. PW 2007-22 Raintree Village Unit 1 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 14. PW 2007-23 Raintree Village Unit 2—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 15. PW 2007-24 Raintree Village Unit 3 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 City Council Meeting Agenda February 27, 2007 Page 3 Consent Agenda (con't): 16. PW 2007-25 Raintree Village Unit 4—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 17. PW 2007-27 Raintree Village (Rt. 126 Temporary Entrance)—Letter of Credit Release- authorize release of letter of credit 18. PW 2007-28 Raintree Village(Rt. 126 Improvements)—Bond Reduction#1 - authorize reduction in an amount not to exceed$317,967.85 19. PW 2007-29 Windett Ridge—Public Improvement Bond Reduction#3 - authorize reduction in an amount not to exceed$203,555.12 20. PW 2007-30 Autumn Creek Offsite Sanitary Sewer—Final Acceptance- accept offsite sanitary sewer for ownership and maintenance, subject to receipt of a Bill of Sale and a 1-year warranty bond in the amount of$66,435.79 21. PW 2007-31 IDOT Highway Permit and Resolution—Raging Waves (Rt. 47 Watermain Crossings) - authorize Mayor and City Clerk to execute 22. PW 2007-32 IDOT Highway Permit and Resolution—Autumn Creek (Rt. 34 Improvements) - authorize Mayor and City Clerk to execute 23. PW 2007-33 IDOT Highway Permit#4 and Resolution—Kendall Marketplace (Rt. 34 Improvements) - authorize Mayor and City Clerk to execute, subject to IDOT approval 24. PW 2007-34 Raymond Storm Sewer Outfall—Change Order#2- approve extending the completion date from November 15, 2006 to April 27, 2007 and authorize Mayor to execute 25. PW 2007-35 Countryside Interceptor—Change Order#1 -approve reduction in an amount not to exceed $30,274.40 and authorize Mayor to execute 26. PW 2007-36 Temporary Construction Easement Agreement—308 W. Van Emmon Street- authorize Mayor and City Clerk to execute 27. PW 2007-38 IDOT Traffic Signal Maintenance Agreement—Amendment#1 - authorize in an amount not to exceed$4,875.00 to be funded from MFT and authorize Mayor to execute 28. PW 2007-39 Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Inspection Services of the Rob Roy Creek Interceptor(North Branch Contract 2) - authorize in an amount not to exceed$85,200.00, subject to funding 29. PW 2007-40 Engineering Department—Vehicle Purchases -approve purchase of two vehicles as presented 30. PW 2007-41 Purchase of New Wheel Loader- approve purchase of new wheel loader and extended warranty as presented 31. ADM 2007-07 Resolution Establishing the Job Description for the Position of Mechanic-authorize Mayor and City Clerk to execute 32. PW 2007-42 SW Corner Route 47 and Corneils Road—Plat of Dedication- authorize Mayor and City Clerk to execute City Council Meeting Agenda February 27, 2007 Page 4 Plan Commission/Zoning Board of Appeals: 1. ZBA Report: Chairman Davis Resignation and Harold Feltz Tribute Minutes for Approval (Corrections and Additions): Minutes of City Council—November 28,2006 and December 12, 2006 Minutes of Committee of the Whole—December 19, 2006 and January 2, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 251,294.84(vendors) $ 208,131.56 (payroll period ending 2/3/07) $ 459,426.40(total) Reports: Mayor's Report: 1. Proclamation for Peace Corps Week 2. Coffee with the Mayor: March 3'd at South Bridge Gourmet Coffee, 223 S. Bridge Street from 9:00— 11:00 a.m. 3. Sponsorship Recommendations from Human Resource Commission a. Junior Women's Club b. Elder Friendly Summit c. Golden Diners 4. 2006 Annual Service Report City Council Report: 1. Accessible Living 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: City Council Meeting Agenda February 27, 2007 Page 5 Committee Reports: Public Works Committee Report: 1. PW 2007-37 Smith Engineering Consultants, Inc. 2007 In-Town Road Program Supplemental Request for Design Fees 2. PW 2007-42 Fox Road Sidewalks a. Ordinance to Vacate Public Access Easement in White Oaks Subdivision Economic Development Committee Report: 1. ZBA 2006-99 Pearl Vision Sign Variance 2. PC 2006-101 Lot 4 Baker's Subdivision 1.5 Mile Review 3. PC 2006-16 MPI Yorkville South a. Ordinance Authorizing the Execution of an Annexation and Planned Unit Development Agreement 4. Fox Moraine/North Star Parcel a. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. YMCA Tri-City Challenge 2. ADM 2007-17 FY 2005/2006 Audit Additional Business: Executive Session: 1. For litigation, when an action against, affecting or on behalf of the particular 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 finding has been recorded and entered into the minutes of the closed meeting. Mayor's Report#2: 1. Kendall Marketplace Proposed Settlement 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 City Council Meeting Agenda February 27, 2007 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) — --- -----------------------------------------, ;ECONOMIC DEVELOPMENT; __-____---------------------__=_____----------------=---------------------- --- - -- Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development --- ----------------------------- ;PUBLIC SAFETY ---- ---------------------------- Committee Dgpartments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock ---------------------------------- -ADMINISTRATION --------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock CO. o United City of Yorkville 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 - � Telephone: 630-553-4350 o� L s" p Fax: 630-553-7575 <LE ��'�• AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 2/23/07 Tuesday, February 27, 2007 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 Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 20, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, March 20, 2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 6, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday,March 6, 2007 City Hall Conference Room Presentations: City Council Meeting Agenda February 27, 2007 Page 2 ---------------------—--------- --------— - Public Hearings: None Citizen Comments: Consent Agenda: 1. PC 2007-02 Resolution Approving the Final Plat of Subdivision for Yorkville Market Square- authorize Mayor and City Clerk to execute 2. PC 2006-98 Yorkville Market Place a. Ordinance Authorizing the Execution of an Amendment to PUD Agreement- authorize Mayor and City Clerk to execute b. Amendment to a Consent Decree -approval of the form of the amended consent order 3. EDC 2007-05 Ordinance Authorizing the Execution an Amendment to Development/Economic Initiative Agreement for Yorkville Market Place-authorize Mayor and City Clerk to execute 4. PC 2006-92 &PC 2006-93 Rush-Copley a. Ordinance Authorizing the Execution of a PUD Agreement-authorize Mayor and City Clerk to execute b. Resolution Approving the Concept PUD Plan-authorize Mayor and City Clerk to execute c. Resolution Approving the Preliminary PUD Plan-authorize Mayor and City Clerk to execute 5. EDC 2007-06 Ordinance Accepting the Conveyance of Real Property(Sunflower Estates Open Space)— authorize Mayor and City Clerk to execute 6. EDC 2007-07 Ordinance Establishing Special Service Area Number 2006-119 (Sunflower Estates)— authorize Mayor and City Clerk to execute 7. PW 2007-16 Walnut Plaza—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 8. PW 2007-17 Grande Reserve Unit 14—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 9. PW 2007-18 Grande Reserve Unit 15—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 10. PW 2007-19 Grande Reserve Units 20 &21 —Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 11. PW 2007-20 Grande Reserve Units 23, 26 &27—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 12. PW 2007-21 Saravanos Development—Sitework Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by June 7, 2007 13. PW 2007-22 Raintree Village Unit 1 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 14. PW 2007-23 Raintree Village Unit 2—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 15. PW 2007-24 Raintree Village Unit 3 —Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 City Council Meeting Agenda February 27, 2007 Page 3 Consent Agenda (con't): 16. PW 2007-25 Raintree Village Unit 4—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 17. PW 2007-27 Raintree Village(Rt. 126 Temporary Entrance)—Letter of Credit Release-authorize release of letter of credit 18. PW 2007-28 Raintree Village(Rt. 126 Improvements)—Bond Reduction#1 - authorize reduction in an amount not to exceed$317,967.85 19. PW 2007-29 Windett Ridge—Public Improvement Bond Reduction#3 - authorize reduction in an amount not to exceed$203,555.12 20. PW 2007-30 Autumn Creek Offsite Sanitary Sewer—Final Acceptance- accept offsite sanitary sewer for ownership and maintenance, subject to receipt of a Bill of Sale and a ]-year warranty bond in the amount of$66,435.79 21. PW 2007-31 IDOT Highway Permit and Resolution—Raging Waves (Rt. 47 Watermain Crossings) - authorize Mayor and City Clerk to execute 22. PW 2007-32 IDOT Highway Permit and Resolution—Autumn Creek(Rt. 34 Improvements) - authorize Mayor and City Clerk to execute 23. PW 2007-33 IDOT Highway Permit#4 and Resolution—Kendall Marketplace(Rt. 34 Improvements) - authorize Mayor and City Clerk to execute, subject to IDOT approval 24. PW 2007-34 Raymond Storm Sewer Outfall—Change Order#2 - approve extending the completion date from November 15, 2006 to April 27, 2007 and authorize Mayor to execute 25. PW 2007-35 Countryside Interceptor—Change Order#1 - approve reduction in an amount not to exceed $30,274.40 and authorize Mayor to execute 26. PW 2007-36 Temporary Construction Easement Agreement—308 W. Van Emmon Street- authorize Mayor and City Clerk to execute 27. PW 2007-38 IDOT Traffic Signal Maintenance Agreement—Amendment#1 -authorize in an amount not to exceed$4,875.00 to be funded from MFT and authorize Mayor to execute 28. PW 2007-39 Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Inspection Services of the Rob Roy Creek Interceptor(North Branch Contract 2) -authorize in an amount not to exceed$85,200.00, subject to funding 29. PW 2007-40 Engineering Department—Vehicle Purchases -approve purchase of two vehicles as presented 30. PW 2007-41 Purchase of New Wheel Loader- approve purchase of new wheel loader and extended warranty as presented 31. ADM 2007-07 Resolution Establishing the Job Description for the Position of Mechanic-authorize Mayor and City Clerk to execute 32. PW 2007-42 SW Corner Route 47 and Corneils Road—Plat of Dedication- authorize Mayor and City Clerk to execute City Council Meeting Agenda February 27, 2007 Page 4 Plan Commission/Zoning Board of Appeals: 1. ZBA Report: Chairman Davis Resignation and Harold Feltz Tribute Minutes for Approval(Corrections and Additions): Minutes of City Council—November 28, 2006 and December 12, 2006 Minutes of Committee of the Whole—December 19, 2006 and January 2, 2007 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 251,294.84 (vendors) $ 208,131.56 (payroll period ending 2/3/07) $ 459,426.40 (total) Reports: Mayor's Report: 1. Proclamation for Peace Corps Week 2. Coffee with the Mayor: March 3rd at South Bridge Gourmet Coffee, 223 S. Bridge Street from 9:00— 11:00 a.m. 3. Sponsorship Recommendations from Human Resource Commission a. Junior Women's Club b. Elder Friendly Summit c. Golden Diners 4. 2006 Annual Service Report City Council Report: 1. Accessible Living City Attorney's Report: Cily 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: City Council Meeting Agenda February 27, 2007 Page 5 Committee Reports: Public Works Committee Report: 1. PW 2007-37 Smith Engineering Consultants, Inc. 2007 In-Town Road Program Supplemental Request for Design Fees 2. PW 2007-42 Fox Road Sidewalks a. Ordinance to Vacate Public Access Easement in White Oaks Subdivision Economic Development Committee Report: 1. ZBA 2006-99 Pearl Vision Sign Variance 2. PC 2006-101 Lot 4 Baker's Subdivision 1.5 Mile Review 3. PC 2006-16 MPI Yorkville South a. Ordinance Authorizing the Execution of an Annexation and Planned Unit Development Agreement 4. Fox Moraine/North Star Parcel a. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. YMCA Tri-City Challenge 2. ADM 2007-17 FY 2005/2006 Audit Additional Business: Executive Session: 1. For litigation, when an action against, affecting or on behalf of the particular 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 finding has been 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 City Council Meeting Agenda February 27, 2007 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ----------------------------------------------------------- ;ECONOMIC DEVELOPMENT; ----___=___=-------------_------------ United City of Yorkville 800 Game Farm Road ESL , 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 oFax: 630-553-7575 o C� LLE ,vv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, February 27, 2007 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 Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 20, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, March 20, 2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, March 6, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m.,Tuesday,March 6, 2007 City Hall Conference Room Presentations: City Council Meeting Agenda February 27, 2007 Page 2 ------------ Public Hearings: None Citizen Comments: Consent Agenda: 1. PC 2007-02 Resolution Approving the Final Plat of Subdivision for Yorkville Market Square- authorize Mayor and City Clerk to execute 2. PC 2006-98 Yorkville Market Place a. Ordinance Authorizing the Execution of an Amendment to PUD Agreement- authorize Mayor and City Clerk to execute b. Amendment to a Consent Decree- approval of the form of the amended consent order 3. EDC 2007-05 Ordinance Authorizing the Execution an Amendment to Development/Economic Initiative Agreement for Yorkville Market Place-authorize Mayor and City Clerk to execute 4. PC 2006-92 &PC 2006-93 Rush-Copley a. Ordinance Authorizing the Execution of a PUD Agreement -authorize Mayor and City Clerk to execute b. Resolution Approving the Concept PUD Plan -authorize Mayor and City Clerk to execute c. Resolution Approving the Preliminary PUD Plan- authorize Mayor and City Clerk to execute 5. EDC 2007-06 Ordinance Accepting the Conveyance of Real Property(Sunflower Estates Open Space)— authorize Mayor and City Clerk to execute 6. EDC 2007-07 Ordinance Establishing Special Service Area Number 2006-119 (Sunflower Estates)— authorize Mayor and City Clerk to execute 7. PW 2007-16 Walnut Plaza—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 8. PW 2007-17 Grande Reserve Unit 14—Letter of Credit Expiration- authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 9. PW 2007-18 Grande Reserve Unit 15 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 10. PW 2007-19 Grande Reserve Units 20 &21 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 11. PW 2007-20 Grande Reserve Units 23, 26 &27 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 4, 2007 12. PW 2007-21 Saravanos Development—Sitework Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by June 7, 2007 13. PW 2007-22 Raintree Village Unit 1 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 14. PW 2007-23 Raintree Village Unit 2—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 15. PW 2007-24 Raintree Village Unit 3 —Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by May 2, 2007 City Council Meeting Agenda February 27, 2007 Page 3 Consent Agenda (con't): 16. PW 2007-25 Raintree Village Unit 4—Letter of Credit Expiration-authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007 17. PW 2007-27 Raintree Village (Rt. 126 Temporary Entrance)—Letter of Credit Release- authorize release of letter of credit 18. PW 2007-28 Raintree Village(Rt. 126 Improvements)—Bond Reduction#1 - authorize reduction in an amount not to exceed$317,96 7.85 19. PW 2007-29 Windett Ridge—Public Improvement Bond Reduction#3 -authorize reduction in an amount not to exceed$203,555.12 20. PW 2007-30 Autumn Creek Offsite Sanitary Sewer—Final Acceptance- accept offsite sanitary sewer for ownership and maintenance, subject to receipt of a Bill of Sale and a 1-year warranty bond in the amount of$66,435.79 21. PW 2007-31 IDOT Highway Permit and Resolution—Raging Waves (Rt. 47 Watermain Crossings) - authorize Mayor and City Clerk to execute 22. PW 2007-32 IDOT Highway Permit and Resolution—Autumn Creek (Rt. 34 Improvements) - authorize Mayor and City Clerk to execute 23. PW 2007-33 IDOT Highway Permit#4 and Resolution—Kendall Marketplace (Rt. 34 Improvements) - authorize Mayor and City Clerk to execute, subject to IDOT approval 24. PW 2007-34 Raymond Storm Sewer Outfall—Change Order#2 - approve extending the completion date from November 15, 2006 to April 27, 2007 and authorize Mayor to execute 25. PW 2007-35 Countryside Interceptor—Change Order#1 -approve reduction in an amount not to exceed $30,274.40 and authorize Mayor to execute 26. PW 2007-36 Temporary Construction Easement Agreement—308 W. Van Emmon Street- authorize Mayor and City Clerk to execute 27. PW 2007-38 IDOT Traffic Signal Maintenance Agreement—Amendment#1 - authorize in an amount not to exceed$4,8 75.00 to be funded from MFT and authorize Mayor to execute 28. PW 2007-39 Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Inspection Services of the Rob Roy Creek Interceptor(North Branch Contract 2) - authorize in an amount not to exceed$85,200.00, subject to funding 29. PW 2007-40 Engineering Department—Vehicle Purchases - approve purchase of two vehicles as presented 30. PW 2007-41 Purchase of New Wheel Loader- approve purchase of new wheel loader and extended warranty as presented 31. ADM 2007-07 Resolution Establishing the Job Description for the Position of Mechanic-authorize Mayor and City Clerk to execute 32. PW 2007-42 SW Corner Route 47 and Corneils Road—Plat of Dedication -authorize Mayor and City Clerk to execute City Council Meeting Agenda February 27, 2007 Page 4 Plan Commission/Zoning Board of Appeals: 1. ZBA Report: Chairman Davis Resignation and Harold Feltz Tribute Minutes for Approval(Corrections and Additions): Minutes of City Council—November 28, 2006 and December 12, 2006 Minutes of Committee of the Whole—December 19, 2006 and January 2, 2007 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 251,294.84 (vendors) $ 208,131.56 (payroll period ending 2/3/07) $ 459,426.40 (total) Reports: Mayor's Report: 1. Proclamation for Peace Corps Week 2. Coffee with the Mayor: March 3rd at South Bridge Gourmet Coffee, 223 S. Bridge Street from 9:00— 11:00 a.m. 3. Sponsorship Recommendations from Human Resource Commission a. Junior Women's Club b. Elder Friendly Summit c. Golden Diners 4. 2006 Annual Service Report City Council Report: 1. Accessible Living 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: City Council Meeting Agenda February 27, 2007 Page 5 Committee Reports: Public Works Committee Report: 1. PW 2007-37 Smith Engineering Consultants, Inc. 2007 In-Town Road Program Supplemental Request for Design Fees 2. PW 2007-42 Fox Road Sidewalks a. Ordinance to Vacate Public Access Easement in White Oaks Subdivision Economic Development Committee Report: 1. ZBA 2006-99 Pearl Vision Sign Variance 2. PC 2006-101 Lot 4 Baker's Subdivision 1.5 Mile Review 3. PC 2006-16 MPI Yorkville South a. Ordinance Authorizing the Execution of an Annexation and Planned Unit Development Agreement 4. Fox Moraine/North Star Parcel a. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. YMCA Tri-City Challenge 2. ADM 2007-17 FY 2005/2006 Audit Additional Business: 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 -ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Munns Planning& Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda February 27, 2007 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 ----------------------------------------, ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, February 27, 2007 PRESENTATION: 1. None PUBLIC HEARINGS: 1. None CITIZEN COMMENTS: CONSENT AGENDA: 1. PC 2007-02 Resolution Approving the Final Plat of Subdivision for Yorkville Market Square 2. PC 2006-98 Yorkville Market Place a. Ordinance Authorizing the Execution of an Amendment to PUD Agreement b. Amendment to a Consent Decree 3. EDC 2007-05 Ordinance Authorizing the Execution of an Amendment to Development/Economic Initiative Agreement for Yorkville Market Place 4. PC 2006-92 &PC 2006-93 Rush-Copley a. Ordinance Authorizing the Execution of a PUD Agreement b. Resolution Approving the Concept PUD Plan c. Resolution Approving the Preliminary PUD Plan 5. EDC 2007-06 Ordinance Accepting the Conveyance of Real Property (Sunflower Estates Open Space) 6. EDC 2007-07 Ordinance Establishing SSA Number 2006-119 (Sunflower Estates) 7. PW 2007-16 Walnut Plaza—Letter of Credit Expiration 8. PW 2007-17 Grande Reserve Unit 14—Letter of Credit Expiration 9. PW 2007-18 Grande Reserve Unit 15—Letter of Credit Expiration 10. PW 2007-19 Grande Reserve Units 20 &21 —Letter of Credit Expiration 11. PW 2007-20 Grande Reserve Units 23, 26 &27—Letter of Credit Expiration 12. PW 2007-21 Saravanos Development—Sitework Letter of Credit Expiration 13. PW 2007-22 Raintree Village Unit 1 —Letter of Credit Expiration 14. PW 2007-23 Raintree Village Unit 2—Letter of Credit Expiration 15. PW 2007-24 Raintree Village Unit 3 —Letter of Credit Expiration 16. PW 2007-25 Raintree Village Unit 4 - Letter of Credit Expiration 17. PW 2007-27 Raintree Village(Rt. 126 Temporary Entrance) - Letter of Credit Release 18. PW 2007-28 Raintree Village (Rt. 126 Improvements) - Bond Reduction#1 19. PW 2007-29 Windett Ridge—Public Improvement Bond Reduction#3 20. PW 2007-30 Autumn Creek Offsite Sanitary Sewer—Final Acceptance 21. PW 2007-31 IDOT Highway Permit and Resolution—Raging Waves (Rt. 47 Watermain Crossings) 22. PW 2007-32 IDOT Highway Permit and Resolution—Autumn Creek (Rt. 34 Improvements) 23. PW 2007-33 IDOT Highway Permit#4 and Resolution—Kendall Marketplace (Rt. 34 Improvements) 24. PW 2007-34 Raymond Storm Sewer Outfall—Change Order#2 25. PW 2007-35 Countryside Interceptor—Change Order#1 26. PW 2007-36 Temporary Construction Easement Agreement—308 W. Van Emmon Street 27. PW 2007-38 IDOT Traffic Signal Maintenance Agreement -Amendment#1 28. PW 2007-39 Deuchler Engineering Agreement for Construction Inspection Services of the Rob Roy Creek Interceptor(North Branch Contract 2) 29. PW 2007-40 Engineering Department—Vehicle Purchases 30. PW 2007-41 Purchase of New Wheel Loader 31. ADM 2007-07 Resolution Establishing the Job Description for the Position of Mechanic 32. PW2007-42 SW Corner Route 47 and Corneils Road—Plat of Dedication ZONING BOARD OF APPEALS: 1. ZBA Report: Chairman Davis Resignation and Harold Feltz Tribute Minutes for Approval (Corrections and Additions) Minutes of City Council: November 28, 2006 and December 12, 2006 Minutes of Committee of the Whole: December 19, 2006 and January 2, 2007 Bill Payments for approval: $ 251,294.84 (vendors) $ 208,131.56 (payroll period ending 2/3/07) $ 459,426.40 (total) REPORTS: Mayor's Report: 1. Proclamation for Peace Corps Week 2. Coffee with the Mayor: March 3'd at South Bridge Gourmet Coffee, 223 S. Bridge Street from 9-11 a.m. 3. Sponsorship Recommendations from Human Resource Commission a. Junior Women's Club b. Elder Friendly Summit c. Golden Diners 4. 2006 Annual Service Report City Council Report: 1. Accessible Living COMMITTEE REPORTS: Public Works Committee: 1. PW 2007-37 Smith Engineering Consultants, Inc. 2007 In-Town Road Program Supplemental Request for Design Fees 2. PW 2007-42 Fox Road Sidewalks a. Ordinance to Vacate Public Access Easement in White Oaks Subdivision Economic Development Committee: 1. ZBA 2006-99 Pearl Vision Sign Variance 2. PC 2006-101 Lot 4 Baker's Subdivision 1.5 Mile Review 3. PC 2006-16 MPI Yorkville South a. Ordinance Authorizing the Execution of an Annexation and Planned Unit Development Agreement 4. Fox Moraine/North Star Parcel a. Ordinance Rezoning Public Safety Committee: 1. No Report. Administration Committee: 1. YMCA Tri-City Challenge 2. ADM 2007-17 FY 2005/2006 Audit Additional Business STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND TDC YORKVILLE SHOPPING CENTER II, LLC WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Amended Planned Unit Development Agreement pertaining to the 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 Amended Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and Page 1 of 3 WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Amended Planned Unit Development Agreement has been fully complied with; and 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 Amended Planned Unit Development Agreement concerning the real estate described therein, a copy of which Amended Planned Unit Development 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. 2007. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2007. 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 3 United City of Yorkville Memo 800 Game Farm Road Esr. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o� C p Fax: 630-553-7575 �? <ItE ��'�• Date: February 23, 2007 To: Mayor and City Council From: John Justin Wyeth, City Attorney CC: Travis Miller, Community Development Director Subject: Tucker Development Corporation Yorkville economic Incentive Agreement Amendment—Travis Miller Memo dated February 21, 2007 Travis has asked that I review his findings as contained in his memo dated February 21St. 1 concur with those findings,particularly that the current reimbursement, to date, does not include any amount for signalization. As his memo indicates,reimbursement currently totals $667,609.38. The list of authorized reimbursable amounts includes over$1,000,000 for underground utilities and paving, alone,which are authorized reimbursable items under Section 3 of the original agreement. The remainder of Travis's memo, as well as the draft amendment appears to fairly portray the additional items, capped amount($515,000) and time extension as previously presented to the City Council for action. car o United City of Yorkville Memo 800 Game Farm Road ` , = Yorkville, Illinois 60560 ` Telephone: 630-553-8545 �'y`2a Fax: 630-553-3436 <LE �V Date: February 21, 2007 To: John Wyeth From: Travis Miller CC: John Crois Joe Wywrot Susan Mika Subject: Tucker Development Corporation Yorkville Economic Incentive Agreement Amendment John, At last night's EDC/COW the Mayor and City Council requested your review of the current TDC Economic Incentive Agreement prior to their approval of the requested amendments on 2/27. Attached find a copy of the original agreement(approved March 2001) along with the proposed amendments. The primary concern raised by EDC whether or not TDC has already received payment for the 34/Marketplace signal. This improvement has not been made and funds have not been reimbursed to TDC for it. This improvement is listed as a `reimbursable improvement' in the current agreement,however, is was it part of the final waivers received for reimbursement(see attached contract amount list prepared by Development Solutions, Inc.) The total work contract for the identified reimbursable improvements total $1,673,956.17 of which 667,609.38 have been reimbursed to date. The requested amendments to the incentive agreement include: - An amount of$515,000 estimated cost for all remaining and additional reimbursable improvements; - remaining reimbursable improvements requested are 34/Marketplace signal; signal interconnect from Marketplace to 47 (both included within the $515,000 estimate); - additional reimbursable improvements requested include the design, engineering and construction costs for relocation of a water main(necessitated by a stormwater basin expansion) - Extension of 18 year term to 23 years. In summary: With the requested amendments approved, the amount to reimburse TDC will not exceed$1,521,346.79 plus interest. (1,673,956.17 (amount owed)—667,609.38 (amount paid)+ 515,000 (amount additional items `shall not exceed') and the term for rebate will continue until March 2020 or until complete amount is rebated with interest. Please plan to include a memo with the 2/27 packet including any comments you have following your review of the attached—please call with any questions. Thanks! Travis Pp-vpApi o cow ei-i.-r AMENDMENT TO DEVELOPMENT/ECONONHC INITIATIVE AGREEMENT This Amendment is made and entered into as of the_day of , 200_by and between The United City of Yorkville, an Illinois corporation located in Kendall County (the"City") and TDC Yorkville Shopping Center I,LLC,a Delaware limited liability company and TDC Yorkville Shopping Center II,a Delaware limited liability company (collectively the"Developer"). RECITALS A. The City and TDC Yorkville, L.L.C., a Delaware limited liability company Developer's predecessor in interest, entered into a Development/Economic Initiative Agreement dated March 30,2001 ("Agreement"). B. The Developer undertook the Development Project described in the Agreement and the City has pledged Sales Tax Revenues to repay the Developer's Reimbursable Improvements. C. The Developer is contemplating further development at the Development Project and requires the City to pledge Sales Tax Revenues to repay the Developer for additional costs ("Additional Reimbursable Improvements")to be incurred by the construction of additional improvements. D. The Developer and the City desire to extend the term of repayment for the Additional Reimbursable Improvements. NOW, THEREFORE, to maintain and revitalize business within the City by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the City; to induce the Developer to undertake further development; in consideration of the Developer's agreement to undertake the Development Project and the City's agreement to reimburse the Developer for the costs of causing the construction of certain improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the Developer and the City hereby agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. 2. Capitalized Terms. Capitalized terms not defined herein, shall have the same meanings as in the Agreement. Amend Dev/Econ Init Agree 1 3. Development Incentive Reimbursement. A. The initial paragraph of Paragraph 3. A. of the Agreement is hereby deleted in its entirety and the following is inserted in its place: "A. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement and Additional Reimbursable Improvements costs (defined below) out of 50%of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavits submitted to the CITY. The CITY shall include simple interest of five percent (5%)per annum on the Reimbursable Improvement and Additional Reimbursable Improvement calculation for the balance of Reimbursable Improvements and Additional Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first anchor store(which is defined as a store having 25,000 square feet or more) on the balance of any unpaid Reimbursable Improvements and Additional Reimbursable Improvements. For example, if the first anchor opens March 1, 2002, five percent(5%) interest will be added to the Reimbursable Improvements incurred by DEVELOPER as of March 1, 2002. Payments shall be first applied to interest,then to Reimbursable Improvements and Additional Reimbursable Improvements. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement and Additional Reimbursable Improvements calculation plus interest for a period of eighteen(18) years commencing April 1, 2002 and expiring March 31, 2020. In addition, DEVELOPER shall continue to be entitled to recover up to the total amount of the Additional Reimbursable Improvements calculation plus interest for an additional five(5)years expiring March 31, 2025. In the event DEVELOPER recovers its full Reimbursable Improvements and Additional Reimbursable Improvements plus interest prior to the applicable expiration time, the right to recovery shall terminate earlier than the previously stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements and Additional Reimbursable Improvements calculation and interest upon the applicable expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include,but are not limited to,the following:" 4. Additional Reimbursable Improvements. Additional Reimbursable Improvements include the following,the cost of which shall not to exceed$515,000: (i) Design, engineering and installation of the traffic signal for the intersection located at Route 34 and Marketplace Drive. Signalization was a potential Reimbursable Improvement described in Paragraph 3 A of the Agreement but was not completed,nor was the cost of such item included in the Reimbursable Improvements. Amend Dev/Econ Init Agree 2 (ii) Cost of installation of signal interconnect cable at the intersection of Route 47 and Marketplace Drive. (iii) Design, engineering and construction costs to relocate the existing water main currently under the detention pond. 5. Payment Obligation. (a) Paragraph 3.C. of the Agreement is hereby amended by adding"and Additional Reimbursable Improvements"to the end of the 4th line after"Reimbursable Improvements". (b) All payments pursuant to the Agreement shall continue to be payable to Tucker Development Corporation. 6. Verification of Costs. Paragraph 3.D. of the Agreement is hereby amended by adding"and Additional Reimbursable Improvements"to the 2nd line after"Improvements". 7. Tolling of Term. Paragraph 3.E. of the Agreement is hereby amended deleting"eighteen(18) years"from the I't line and inserting the following in its place: "twenty-three (23) years". 8. Notices. Paragraph 9.D. of the Agreement is hereby amended by deleting the notice provision for Developer and inserting the following in its place: "To Developer: TDC Yorkville Shopping Center I,LLC TDC Yorkville Shopping Center II,LLC c/o Tucker Development Corporation 799 Central Avenue, Suite 300 Highland Park, Illinois 60035 Attention: Richard H. Tucker,President 9. Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the City and the members of Developer to execute this Agreement on their behalf. Amend Dev/Bcon Init Agree 3 IN WITNESS WHEREOF, this Agreement is entered into as of the date and year shown above. UNITED CITY OF YORKVILLE, TDC YORKVILLE SHOPPING CENTER I, LLC, an Illinois Municipal Corporation a Delaware limited liability company By: By: TDC Yorkville Select LLC, an Illinois limited liability company Its: By: Tucker Development Corporation Attest: By: Date: Richard H. Tucker,President Date: TDC YORKVILLE SHOPPING CENTER II LLC, a Delaware limited liability company By: TDC Yorkville Select LLC, an Illinois limited liability company By: Tucker Development Corporation By: Richard H. Tucker, President Date: Amend Dev/Econ Init Agree 4 i Revised February 28,2001 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE TDC YORKVILLE,L.L.C., a Delaware Limited Liability Company DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT i r,TH S,DEVE O ME T AGREEMENT(this"Agreement")is made and entered into as of the. day of ��2001 by and between The United City ofYorkville,an Illinois corporation located in Kendall County(the"City")and TDC Yorkville,L.L.C.,a Delaware Limited Liability Company(the"Developer'). RECITALS A. The City is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a)of Article VII of the Constitution of the State of Illinois of 1970,the City has determined that it has the authority to enter into this Agreement. B. The Developer intends to purchase and develop the property located south of Route •34 and west of Route 47 and legally described in Exhibit A (the "Property") for commercial uses ("Development Project") subject to a planned unit development ordinance enacted by the City. Developer has demonstrated to the City's satisfaction that the Developer has the experience and capacity to complete the Development Project. The Developer and the City have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the Developer would not undertake the Development Project. The Developer has expressly conditioned the undertaking of the Development Project on the City's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay Developer its Reimbursable Improvements (defined later),all as provided in this Agreement. � -1- r . C. The City deems it to be of significant importance to encourage development within the City so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the City has made the following findings necessary pursuant to the Enabling Statute: 1. That the Property has remained vacant for at least one year; 2. That the Development Project is expected to create or retain jab opportunities within the municipality; 3. That the Development Project will serve to further the development of adjacent areas; 4. That without this Agreement, the Development Project would not be possible; 5. That the Developer meets high standards of creditworthiness and financial strength; 6. That the Development Project will strengthen the commercial sector of the municipality; 7. That the Development Project will enhance the tax base of the City; 8. That this Agreement is made in the best interest of the City; and 9. Pursuant to the Illinois Municipal Code, as amended("Code"),the City has authority to enter into an economic incentive agreement relating to the development of land within corporate limits,including an agreement to share or rebate a portion of the retailer's occupation taxes received by the City that are generated by the development. D. Subject to the terms and conditions of this Agreement,the City agrees to reimburse the Developer for its Reimbursable Improvements. In reliance upon the City's representations and covenants contained in and subject to the terms and conditions of this Agreement,the Developer intends to cause the Reimbursable Improvements (as hereinafter defined)to be constructed and to enter into construction contracts and other agreements as necessary. E. This Agreement has been submitted to the corporate authorities of the City for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. -2- NOW, THEREFORE, to maintain and revitalize business within the City by assuring opportunities for development and attracting sound and stable commercial growth;to promote the public interest and to enhance the tax base of the City; to induce the Developer to undertake the Development Project;in consideration ofthe Developer's agreement to undertake the Development Project and the City's agreement to reimburse the Developer for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants,stipulations and agreements herein contained in this Agreement,the Developer and the City hereby agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. 2. Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property,which will provide sales tax benefits to the CITY. The CITY shall,upon application by DEVELOPER or its assigns, pursuant to 65 ILCS 5/8-11-20 or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as"Incentives'). For purposes of this Agreement a"commercial retail user"shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". CITY and DEVELOPER agree that the Planned Unit Development Agreement shall be approved by the CITY simultaneously with the approval of this Agreement which shall contain the following terms and conditions: The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. 3. Development Incentive Reimbursement, A. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100%of its Reimbursable Improvement costs(defined below)out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER,as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include simple interest of five percent (51/o) per annum on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated -3- annually and shall commence with the Certificate of Occupancybeing issued to the first anchor store(which is defined as a store having 25,000 square feet or more) on the balance of any unpaid Reimbursable Improvements. For example, if the first anchor opens March 1,2002,five percent(5%) interest will be added to the Reimbursable Improvements incurred by DEVELOPER as of March 1, 2002. Payments shall be first applied to interest than to Reimbursable Improvements. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of eighteen (18) years commencing with one (1) year from the date of execution of the Planned Unit Development Agreement and this Development/Economic Initiative Agreement by the CITY. In the event DEVELOPER recovers its full Reimbursable Improvements plus interest calculation prior to that expiration time,the right to recovery shall terminate earlier than the previous stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date,the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to,the following: (i) Design, engineering, and construction costs of the following: Roadway,Utility and Parkway Improvements to Landmark Avenue, including the reconstruction of existing Landmark Avenue, Marketplace Drive,any road improvements on Rt.34 and Rt.47,any signalization on Marketplace Drive and Rt.34,Landmark and Rt.47, and all work related thereto, including but not limited to, interconnection and street lighting. DEVELOPER shall further install at its cost and be reimbursed for the section of Marketplace Drive extended to the southeast from Landmark Drive to intersect with McHugh Road. The extension of Marketplace Drive to McHugh Road shall be in accordance with the specifications attached as • Exhibit"G". (ii) All off-site improvements including, but not limited to public utilities,water,water drains,sanitary sewers,storm sewers, and off- site landscaping. (iii) Landscaping improvements in the parkway on Marketplace and Landmark and existing Landmark. (iv) Payment ofrecapture to St.Patrick's on the acreage contained in Lots 1-5 of the Final Plat of Phase I of Yorkville Market Place. (v) The CITY shall distribute the sales tax revenue generated by any Generator as follows: -4- 50%to the DEVELOPER, or as directed by the DEVELOPER; 50%to the CITY; B. Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other"sales tax"or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois,based upon gross sales, and located within the State of Illinois,that is collected by the Generators as a result of business transactions occurring on the Property. In the event that ` the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. C. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty(30)days of receipt by the CITY of the quarterly installments,and continuing until the Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in this Agreement. (i) The"quarterly installment payment" shall mean an amount equal to one-half(%)of the sales tax revenue received by the CITY from the State generated by each Generator on the Property,or any additions to the Property. All amounts paid to the DEVELOPER will be due and payable solely from one-half (%i) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. (ii) However,if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. D. Verification of Costs. ` Following construction of the Reimbursable Improvements,Developer shall provide the City with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. -5- E. Tolling of Term. The term of eighteen(18)years shall be tolled or extended for up to two (2) years for any delay in issuance of CITY building or occupancy permits due to the lack of availability of sanitary sewer or municipal water supply to the Property. F. Sources of Funds to Pay Reimbursable Development Proiect Costs. (i) Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. (ii) In order to comply with the terms of this Agreement,DEVELOPER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event DEVELOPER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the DEVELOPER. 4. Assignability. It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11- 20 are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements,this Ordinance and applicable lav,and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER,DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER 5. Reimbursement Procedures. A. Sales Tax Reports. Developer agrees to cause all Generators to execute and deliver to the City a written direction,in form and content acceptable to the City and the Illinois Department of Revenue("DOR"),authorizing the DOR to release to the City the sales tax figures for the Generator, on a quarterly basis and during the tern of this Agreement. The City agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the City on a quarterly basis,Developer and all -6- 1 Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the City the quarterly sales tax information for any Generator as provided for in Section A above,Developer shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency,furnish to the City copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity,pertaining to the Generators, and certified as being true and correct,which documents are being provided to the City for purposes of identifying sales tax revenues collected pursuant to this Agreement. B. Confidentiality. The City acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to Developer and/or Developer's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the City agrees to hold in confidence all sales figures and other information provided by Developer or Generators or obtained from Developers' or Generators' records in connection with this Agreement, and in connection therewith,the City shall not copy any such information except as necessary for dissemination to the City's agents or employees as permitted i hereinafter. The City shall be permitted to disclose such information(i)to its agents or employees who are reasonably deemed by the City to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the City hereunder or(ii)to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration,termination or cancellation of this Agreement and shall continue to bind the City, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. 6. Audit. Each payment by the City to Developer shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the I -7- i Treasurer's designee shall further issue a statement setting forth all payments made to date to Developer. Developer shall have one(1)year following the receipt of said payment to contest any of the calculations or information contained in said statements. Developer shall have the right to review all sales tax reports provided to the City by the state relating to any Generator upon two days written request by Developer. 7. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten(10)days in the case of a monetary default,or within thirty(30)days in the case of a non-monetary default,from notice of such default from the other Party;provided,however,if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty(30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary,the non-defaulting party may:(i)terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement,and,in addition,recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii)pursue all other remedies available at law,it being the intent of the parties that remedies be cumulative and liberally f enforced so as to adequately and completely compensate the non-defaulting party. 8. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate Developer, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. i 9. Additional Covenants. A. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. B. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. C. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provision,such provision -8- f _ i shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. D. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Developer: TDC Yorkville,L.L.C., a Delaware Limited Liability Company Mr. Richard Tucker,President Tucker Development 513 Central Avenue, Suite 400 Highland Park,IL 60035 With copies to: Tracy D. Kasson Rathje, Woodward,Dyer&Burt 300 E.Roosevelt Rd.,Suite 300 Wheaton,IL 60187 To the City: United City of Yorkville 800 Game Farm Rd. Yorkville,IL 60560 With copies to: Mr. Daniel J.Kramer Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville, IL 60560 E. Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the City and the Board of Directors of Developer,to execute this Agreement on their behalf. F. Attorneys' Feed. If a party commences a legal proceeding to enforce any of the terms of this Agreement,the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. G. Relationship of the Parties.Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provisiorkberein,nor any acts of the parties, shall be deemed to create any relationship between the parties. -9- i I H. )Remedies Not Exclusive. Except as may be otherwise expressly provided herein,the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party,but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non-performance or as acquiescence therein. I. Effective Date. This Agreement shall not become effective unless and until the Developer acquires the Property!iom the current owner of the Property. IN WITNESS WHEREOF,this Agreement is entered into at Yorkville,Illinois,as of the date and year shown above. UNITED CITY OF YORKVILLE, TDC YORKVILLE, L.L.C., an Illinois Municipal Corporation, a Delaware Limited Liability Company By., Tuck D�elopment Co i , Manager By: By. ichard H. Tucker Its: ' Its: President Attest: Attest: Date: Date: I -10- i a `QED C/r` , J= o United City of Yorkville Memo w 800 Game Farm Road G ! Yorkville Illinois 60560 EST. , ��'_ ,��;183G � -�=� r� Telephone: 630-553-8545 - - -'' p Fax: 630-553-3436 <CE may` Date: December 7, 2004 To: Traci Pleckham, Director of Finance From: Joe Wywrot, City Engineer CC: Tony Graff City Administrator Subject: Yorkville Marketplace—Construction Costs Eligible for Reimbursement Attached find previous correspondence regarding costs eligible for reimbursement through the economic incentive agreement. The cost for Federal Rent-A-Fence is included in the General Conditions line item. The final cost for the traffic signal was $117,498.65. Based on these final clarifications, the construction cost eligible for reimbursement is $1,673,956.17. If you have any questions regarding this matter, please see.me. Development Solutions, Inc. Yorkville Marketplace Off site - Final waivers Subcontractor Trade I Final Waiver Partial Comments K R & G Excavating Mass Grading/Excavation $ 170,186.00 J & S Sewers Underground Utilities $ 404,785.00 Geneva Construction Paving $ 645,104.41 Thorn Electric Traffic Signals $, 12,1�2$ t)0 $ 2 8 Work has not been completed Gibson Electric Site Lighting $ 54,991.00 Mt. Caremel Lime Stabilization $ 00,975.00 DSI Surveying $ 18,435.00 Development Solutions• General conditions $ 118,215:15y� DSI Misc. work ( Equipment) $ 24,419.59 A • Federal ren( a fence Barricades ( Materials ) P & P Bond $ 14,041.39 GLU $ 15,942.99 FEE $ 59,361.69 Total Road work contract $ t, 00 TUCKER DEVELOPMENT-SALES TAX REBATE Check Re`able#o TUCKER .,DollarAmount' $2 725 46 �� � � �� 1/14/07E' LIABILITY DISBURSED JEWEL OS OTHER DATE DISBURSED AMOUNT JANUARY 2004 APRIL 2004 $20,636.50 $6,880.95 FEBRUARY 2004 1 MAY 2004 $15,859.03 $5,228.44 $866.17 MARCH 2004 IJUNE 2004 $16,061.98 $5,096.18 1 JULY 2004 $35,314.63 APRIL 2004 JULY 2004 $20,897.95 $6,920.61 MAY 2004 AUGUST 2004 $18,403.54 $6,045.27 588.27 JUNE 2004 SEPTEMBER 2004 $17,301.04 $5,974.76 OCTOBER 2004 $38,065.72 PANERA COLLECTED 12/03-6/04 $6,576.67 JULY 2004 OCTOBER 2004 $21,801.49 $7,597.91 AUGUST 2004 NOVEMBER 2004 $16,768.83 $5,727.42 $3,874.03 SEPTEMBER 2004 DECEMBER 2004 1$17,170.32 5,848.301 JANUARY 2005 $42,682.49 OCTOBER 2004 JANUARY 2005 $20,954.92 $6,861.18 NOVEMBER 2004 FEBRUARY 2005 $17,526.52 $6,080.28 $4,940.64 DECEMBER 2004 MARCH 2005 $18,784.21 $6,882.74 APRIL 2005 $41,015.25 JANUARY 2005 APRIL 2005 $21,256.39 $7,090.67 FEBRUARY 2005 MAY 2005 $21,671.01 $7,134.11 $5,471.20 MARCH 2005 JUNE 2005 1$17,618.04 $5,774.251 JULY 2005 $43,007.84 APRIL 2005 JULY 2005 $22,883.43 $7,504.48 MAY 2005 AUGUST 2005 $19,970.37 $6,492.01 $5,084.78 JUNE 2005 SEPTEMBER 2005 $20,436.50 $6,730.58 OCTOBER 2005 $44,551.08 JULY 2005 OCTOBER 2005 $23,687.14 $8,069.09 AUGUST 2005 NOVEMBER 2005 $19,122.87 $6,441.04 $3,192.83 SEPTEMBER 2005 DECEMBER 2005 1$18,206.081 5,934.88 $42,326.97 OCTOBER 2005 JANUARY 2006 $22,610.961 7,666.55 NOVEMBER 2005 FEBRUARY 2006 $19,814.621 $6,707.47 DECEMBER 2005 MARCH 2006 $22,041.791 $7,944.601 $8,240.38 $47,513.19 JANUARY 2006 APRIL 2006 $23,538.421 $7,920.03 FEBRUARY 2006 MAY 2006 $19,342.911 $6,817.91 ISEPTEMBER2006 $28,809.64 MARCH 2006 JUNE 2006 APRIL 2006 JULY 2006 $19,408.56 $6,763.91 MAY 2006 AUGUST 2006 $24,242.93 $8,594.85 JUNE 2006 SEPTEMBER 2006 $21,512.89 $7,641.29 SEPTEMBER 2006 $44,082.22 DECEMBER 2005 FEBRUARY 2006 JANUARY 2006 MARCH 2006 MARCH 2006 MAY 2006 $6,681.07 OCTOBER 2006 $3,340.54 APRIL 2006 JULY 2006 MAY 2006 AUGUST 2006 JUNE 2006 SEPTEMBER 2006 $5,450.92 JANUARY 2007 $2,725.46 JULY 2006 OCTOBER 2006 $20,710.62 $7,728.43 $1,372.32 AUGUST 2006 NOVEMBER 2006 $23,854.05 $9,065.22 $1,576.44 SEPTEMBER 2006 DECEMBER 2006 $17,779.88 $6,525.43 $1,450.501 JANUARY 2007 $45,031.45 GRAND TOTAL $667,609.38 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT WITH YORKVILLE MARKET PLACE (Property at Southeast Corner of Rt 34 and Route 47) WHEREAS, it is deemed prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development/Economic Initiative Agreement pertaining to the development of real estate described within the Agreement which is attached hereto as and made a part hereof as Exhibit"A" be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the property subject to the Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the reasons for entering into this Agreement and benefits to the City are described within the Agreement and thereby made a part of this Ordinance, and Page 1 of 3 WHEREAS, the statutory procedures including specific findings as required by 65 ILCS 8-11-20, as amended, for economic incentive agreements have been complied with, and said findings are contained in the Agreement(Exhibit"A"), 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 preambles, above, are incorporated by this reference as if written in full at this place. Section 2: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, the Development/Economic Initiative Agreement concerning certain real estate described therein, a copy of which attached hereto and made a part hereof as Exhibit"A". 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 Page 2 of 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2007. 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 C� If STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND COPLEY VENTURES,INC., FOR THE DEVELOPMENT OF THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Planned Unit Development Agreement pertaining to the 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 Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and Page 1 of 3 WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Planned Unit Development Agreement has been fully complied with; and 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, a Planned Unit Development Agreement concerning the real estate described therein, a copy of which Planned Unit Development 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. 2007. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2007. 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 PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND COPLEY VENTURES INC., FOR THE DEVELOPMENT OF THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER THIS AGREEMENT is entered into this day of , 2007, by and between the United City of Yorkville, an Illinois Municipal Corporation(hereinafter"City")and Copley Ventures Inc., and Illinois Not for Profit Corporation (hereinafter "Owner" and/or "Developer"). (City and Developer are often referred to collectively as"Parties"and individually as "Pallyl WHEREAS,Developer is the owner of certain real estate consisting of approximately 44.12 acres of land located South of Route 34 and Adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township, Kendall County, Yorkville, Illinois; (hereinafter"Subject Property"and WHEREAS,the City desires to enhance opportunities for residents of the City to receive quality medical care,and other associated services within the City and is also desirous of obtaining increased sales tax revenue for the City; and WHEREAS, the Subject Property is currently zoned O — Office under the City zoning ordinance and zoning map;and WHEREAS,Developer has petitioned the City to rezone the property under the City zoning ordinance as a Planned Unit Development(hereinafter"P.U.D");and WHEREAS,Developer,has submitted to the City a Preliminary P.U.D.Plan and Plat as well 120101/2 55214/3 as all other required documentation proposing the development of a healthcare campus upon the Subject Property;and WHEREAS,Developer has published and sent out all notice required under Illinois State statute City ordinance to rezone the Subject Property as a P.U.D;and WHEREAS,the Plan Commission conducted the required public hearing on January 10, 2007,on the proposed rezoning and approval of the Preliminary P.U.D.Plan and Plat for the Subject Property; and WHEREAS, all other public hearings required by law have been held and conducted in accordance with the Ordinances of the United City of Yorkville and the laws of the State of Illinois; and WHEREAS, the corporate authorities of the City have determined that it is in the best interests of the City and Developer to develop the Subject Property in compliance with the Preliminary P.U.D. Plan and Plat, Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Zoning Plat,Preliminary Elevations,Signage Criteria,Preliminary Lighting Plan, and Architectural Guidelines,and other conditions hereinafter provided;and WHEREAS,the Parties hereto desire to provide for the adoption by the City of a Planned Unit Development Ordinance in connection with the rezoning of the Subject Property,as hereinafter provided;and. WHEREAS, the corporate authorities of the City have accordingly determined that the development of the Subject Property will promote the sound planning and development of the City and will inure to the benefit of the citizens of the City. NOW, THEREFORE, in consideration of the forgoing and the promises and contained 120101/2 5521413 herein,the parties do hereby agree as follows: Section 1. Incorporation of Recitals. The forgoing recitals are hereby incorporated as if fully set forth herein. Section 2. Applicable Law. This Agreement is made pursuant to and in accordance with the applicable provision of Article 13 of the Illinois Municipal Code, as amended (65 ILCS 5/11-13-1 et seq.), and the provisions of Section 11-15.1-1 et seq.of the Illinois Municipal Code,as amended(65 ILCS 5/11- 15-1.1 et seq.). Section 3. Property Subiect to this Agreement. The property subject to this Agreement consists of approximately 44.12 acres of land situated South of Route 34,adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township,Kendall County,Illinois,which said property is legally described in Exhibit A,attached hereto and made a part hereof. Section 4. Enactment of the P.U.D.Zoning Ordinance. (A) In accordance with this P.U.D Agreement,the City shall amend its zoning ordinance and map to zone the Subject Property as a Planned Unit Development as depicted on the Zoning Plat attached hereto and made a part hereof as Exhibit B. Such action may be in the form of an ordinance granting preliminary P.U.D.approval to be followed by enactment of a final P.U.D.ordinance upon submission by the Developer of all documents required under current City ordinance for such final approvals. The Preliminary P.U.D.Ordinance shall include approval of the Preliminary P.U.D.Plan and Plat,Preliminary Engineering Plan,Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Preliminary Building Elevations,Architectural Guidelines,Preliminary Lighting 120101/2 55214/3 3 Plan,Preliminary Signage Elevations and Sign Criteria,all as hereinafter more specifically provided and all to permit the development of the Subject Property as a healthcare campus as detailed in this Agreement and the Exhibits attached hereto. The Preliminary Plan and Plat shall remain in effect until such time as a Final Plan and Plat is approved by the City. It being the intent of the Parties hereto that the Preliminary Plan and Plat shall not expire until all of the Subject Property receives Final Plan and Plat approval. (B) The following uses shall be permitted upon the Subject Property. 1. Hospital 2. Heli-Stop 3. Medical Offices 4. Power Plant 5. Tennis Club 6. Fitness Center 7. Parking Garage 8. Professional Offices 9. Day Care Center 10.Restaurant 11.Cafeteria 12.All B-3 Service Business District Retail uses including,but not limited to; Drugstore Pharmacy Gift Shop (C) The City further agrees to permit buildings located on the Subject Property to be a maximum height of ninety feet(90')and up to seven(7)stories. All buildings over seventy-five(75)feet in height to the highest occupied floor, are to be considered high-rise construction under the International Building Code(2000). Developer shall construct all buildings over seventy-five(75) feet in height to the highest occupied floor in accordance with the high rise construction standards set forth in the International Building Code(2000). (D) The following performance standards shall be applicable to the Subject Property. Front yard setback(Route 34) 30 feet Side yard setback(West Property Line) 10 feet Corner side yard setback(Beecher Road Frontage) 20 feet Rear yard setback(Southern Property Line) 20 feet 120101/2 55214/3 4 Section 5. Preliminary and Final P.U.D.Plans The Subject Property shall be developed substantially in conformance with the overall Preliminary P.U.D. Plan prepared by Cemcon Ltd, dated October 16, 2006, last revised ,a copy of which is attached hereto and made a part hereof as Exhibit C. The City hereby approves the aforementioned Preliminary P.U.D.Plan. The City hereby agrees to approve a Final P.U.D.Plan in substantial conformance with the aforementioned Preliminary P.U.D.Plan. Prior to or concurrently with Final P.U.D. Plan review by staff for the Subject Property,the owner/developer shall do the following: 1. Submit written approval from MOT for (1) limited right-in, left in, and right-out access drive on U.S.Route 34 in the general location as shown on Exhibit C;and 2. Submit a copy of the proposed Easements, Covenants, and Restrictions (ECR) Agreement for the Subject Property for staff review limited to provisions addressina_cross-access and sharedparking between various uses -_-- Deleted:which shall include provisions -------------------------------- ----------------------------- on the Subject Property;and addressing To the extent that the Preliminary and Final P.U.D.Plans constitute a change to the bulk standards of the City Zoning Ordinance and Subdivision Regulations,this Agreement and the P.U.D. Ordinance shall constitute a lawful amendment to such ordinances. Except as otherwise expressly provided for herein,the Subject Property shall be developed in accordance with all other City Ordinances. Section 6. Access. All access points for the Subject Property as depicted on Exhibit C are hereby granted by the City. Section 7. Building Elevations. 120101/2 55214/3 5 Attached hereto and made a part hereof as Exhibit D are Preliminary Elevations prepared by Anderson Mikos Architects,Ltd.and dated October 20,2006,last revised November 3, Deleted: 2 for the proposed development all of which are hereby approved by the City_ The City agrees_ to approve Final Elevations and issue building permits for the construction of structures which are in substantial compliance with Exhibit D. Furthermore,the City shall not require Developer to enclose any roof-top mechanicals,as long as,said roof-top mechanicals are screened in accordance with the City's appearance code so that they are blocked from ground view on all sides. Section 8. Architectural Guidelines. Attached hereto and made a part hereof as Exhibit D are Architectural Guidelines for the construction of buildings upon the Subject Property as depicted on the Preliminary P.U.D.Plan. All buildings constructed on the Subject Property shall substantially comply with the Architectural Guidelines. Consistent with the forgoing,the City agrees to reasonably approve building plans and issue building permits for any buildings which reflect the unique style and architecture of nationally recognized businesses,including signature design features and signage. Building permits shall be issued without further zoning or other hearing requirements if they substantially comply with the Agreement,the Preliminary P.U.D.Plan,and the Architectural Guidelines. Section 9. Landscape and Design. The City hereby approves the overall Preliminary Landscape Plan, prepared by Deleted: Anderson Mikos Architects Ltd.dated October 20,2006,last revised December 20,2006.which is--,.--' attached hereto and made a part hereof as Exhibit E.The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan. Each proposed building shall require the submission of a Final Landscaping Plan at the time 120101/2 55214/3 6 of Final Plan for said building.Furthermore,the Developer shall work with City staff prior to the construction of the future parking aa�rage expansion to provide additional buffering to minimize light and noise upon the property located to the west of the future parking garage expansion. Except as provided for herein, building landscaping shall be in accordance with the City Landscaping Ordinance then in effect at the time of approval of this Agreement. The following modifications to the City Landscape Ordinance have been requested by Developer and approved by the City; 1. The City acknowledges that overall the Developer has met and exceeded current City landscaping requirements relating to landscaped islands. Therefore,the City agrees to permit Developer to construct landscape islands that consist of a minimum area of 168 square feet as depicted in the Preliminary Landscape plan attached hereto as Exhibit E. 2. For the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25'wide buffer area adjacent to the property line in lieu of a City required 30' buffer area. To provide an adequate buffer between the Subject Property and the adiacent residential subdivision the Developer shall install landscaping in the 25' buffer area pursuant to the landscape plan attached hereto as Exhibit"E". Section 10. Lighting. Deleted:VILLAGE The C hereby approves the Preliminary Li$llting Plan and Photometric Plan Deleted: prepared by Anderson Mikos Architects Ltd.dated October 20,2006,last revised October 18,200 ;-" Deleted:VILLAGE which is attached hereto and made a part hereof as Exhibit F. The C agrees to approve a Final - 120101/2 55214/3 7 Lighting Plan that substantially conforms to the Preliminary Lighting Plan. In addition,with the exception of the heli-stop lighting to be located on the Subject Property the owner/developer hereby agrees as follows: 1. All lighting fixtures are to be architecturally compatible with fixtures used elsewhere in the development;and 2. All light fixtures installed throughout the development shall include a recessed bulb/filament and a flat lens;and 3. Only fully shielded light fixtures shall be installed throughout the development. No light is to be emitted above the horizontal plane of the light fixture, with the exception of monument and other ground sign lighting located on the Subject Property,which lights shall be pointed directly at each sign;and Deleted:4. The maximum wattage for All pYg under-caro li hts shall be recessed into the Ranpy'o and oa t light fixtures shall not exceed 1000 - -� Deleted:5 5.........Light poles in the main development may be_numbered_ Said numbers shall_not_ - Deleted:6 exceed four(4)inches in height and shall be located not more than ten(10)feet from the ground;and _Each proposed building shall require the submission of a photometric plan at time of- -- Deleted:9 Final.Plan for said building,subject to City review and approval. Section 11. Si ns. Permits are required for all signs to be located on the Subiect Property, Attached Deleted: hereto and made a part hereof as Exhibit G are the Preliminary Signage Elevations and theSign Criteria for the Subject Property,including the criteria for monument signs and building signs. The City hereby approves the Preliminary Signage Elevations and the Sign Criteria. In addition,the Owner/Developer shall be permitted to place two(2)temporary signs on the Subject Property along the U.S.Route 34 corridor marketing the healthcare campus. Each sign may be double-sided,have a maximum face area of 120 square feet,and be up to a 120101/2 5521413 8 maximum height of twenty(20')feet. No temporary sign shall be located in the public right-of- way. All temporary signs shall be removed upon completion of build-out on the Subject Property. The City's current sign ordinance restricts the maximum ground sign height to six(6) feet. Developer shall be allowed to construct up to six(6)ground signs with a maximum height of ten(10)to be used as way-finding signs located throughout the Subject Property to assist patients and visitors of the healthcare center. To the extent that the Preliminary Signage Elevations and Sign Criteria or the temporary sign guidelines set forth in this Section constitute a change from any of the current and or future ,. Deleted:z provisions of the Sign Ordinance orZoning Ordinance of the City,this Agreement and the______________ preliminary P.U.D.ordinances to be adopted pursuant to this Agreement shall constitute a lawful amendment to such provisions. All signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement. Section 12. Parkin!: Parking shall be as depicted on Exhibit C. The City acknowledges that the parking as depicted thereon meets all requirements of the City relating to parking,subject to the provisions of Paragraph 5(2),herein. The following parking requirements shall apply to the development of the Subject Property as stated below and depicted on Exhibit J. A. Hospital 120101/2 5521413 g space per every 2 regular employees. space per every physician active on site.(25%of the total number of physicians are expected to be active on site at any given time). 1 space per every 2 hospital beds plus one. B. Power Plant-Ancillary to hospital. No individual parking requirement. C. Heli-Stop—Ancillary to hospital. No individual parking requirement. D. Hospital Cafeteria—Ancillary to hospital. No individual parking requirement. E. Restaurant—Ancillary to hospital.No individual parking requirement. F. Medical/Professional Offices—Ancillary to hospital. No individual parking requirement. G. Retail—1 space per every 300 square feet of gross floor area. H. Daycare—i space per every employee. I. Fitness Center—2.5 spaces per every 1,000 square feet of gross floor area. J. Tennis Club—Ancillary to Fitness Center.No individual parking requirement. K. Fitness Center Pool Area— 1 space per every pool employee, and 1 space per every 50 square feet of pool area. Section 13. Engineering. The City hereby approves the Preliminary Engineering Plan for the Subject Property prepared by Cemcon Ltd., dated October 16, 2006, last revised which is attached hereto and made a part hereof as Exhibit I. The City agrees to approve any Final Engineering Plans that substantially conform to the Preliminary Engineering Plans. The City further agrees to apply the following storm water management standards to the Subject Property; 120101/2 55214/3 10 1. Side slope ratio of four to one(4/1)shall be permitted. 2. A minimum twenty foot(20')buffer between the high-water level line of the southwest storm water management basin and the west and south property lines of the Subject Property shall be permitted. 3. Wet ponds for storm water management shall be permitted to have a maximum allowable depth of four feet(4 )for detention storage between the normal water level and the high water level corresponding to the ten(10)year frequency storm. 4. In the event that during the development of the Subject Property,Developer determines that any existing City utility easements and/or underground lines require relocation to facilitate the development of the Subject Property in accordance with the approved Preliminary Plan and Plat the City shall release such easement without cost to the Developer,and further allow Developer to relocate any such utility at Developer's cost,including,but not limited to,sanitary sewer and water-mains. Section 14. Subdivision. The City hereby approves the Preliminary Subdivision Plat for the Subject Property prepared by Cemcon Ltd,dated October 16,2006,last revised ,which is attached hereto and made a part hereof as Exhibit H. The City agrees to approve any Final Subdivision Plat that substantially conforms to the Preliminary Subdivision Plat. The City further agrees to allow Developer to construct multiple buildings on one lot within the subdivision. Section 15. Additional Development. In the event that DEVELOPER seeks the creation and development of additional lots within the Subject Property, such development shall be subject to approvals of the corporate 120101/2 5521an 11 authorities of the City and amendment of the Planned Unit Development Ordinance in accordance with applicable City Ordinances and State law. Section 16. Site and Off-Site Improvements. The Developer shall cause to be constructed as the development is phased those on- site and off-site improvements as specified in this Agreement,and as shown on the plans attached hereto and made a part hereof necessary for each phase only. Section 17. Outdoor Storage and General Provisions. 1. All trash enclosures throughout the development shall be constructed of materials and colors similar and compatible with the principal building served; and 2. All dumpsters shall be located within designated enclosures;and 3. Outdoor storage shall be limited to only those areas designated and approved for outdoor storage as detailed herein and as shown on the Final P.U.D.Plan; and 4. No products or equipment utilized by the healthcare campus shall be stored in a trailer or other similar container within any parking lot,loading area,or behind a building except for during construction within each phase of development; and 5. No snow removal equipment,salt or other de-icing agents for on-site usage shall be stored within any parking lot, loading area, or behind a building without being within an enclosed area; and 6. Prior to any construction trailer,office,and temporary storage containerbeing located on the Subject Property the Developer shall obtain a permit from the City Department of Building Safety. All construction trailers,offices and temporary construction storage containers shall be removed upon the completion of all construction activity. Section 18. School and Park Donations. No school and/or park donations shall be required for the Subject Property. 120101/2 55214/3 12 Section 19. Survival of Zoning Provisions. The PUD zoning and plan approval granted pursuant to this Agreement, and the Planned Unit Development Ordinances contemplated herein shall not terminate,and shall continue in full force and effect unless thereafter amended upon application by Owner,or its successors in interest,or otherwise in accordance with law. The zoning ordinances to be adopted pursuant to this Agreement shall incorporate all material provisions of this Agreement. Section 20. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of any party to this Agreement to insist upon strict and prompt performance of the terms,covenants,agreements,and conditions herein contained,or any of them, upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term,covenant,agreement or condition,but the same shall continue in full force and effect. Section 21. Amendment of Existing City Ordinances and Regulations. It is the intent and agreement of the parties hereto that,to the extent permitted by law, if any pertinent existing ordinance,resolution,or regulation,or interpretations thereof by the City be in any way inconsistent or in conflict with the provisions of this P.U.D. Agreement, then the provisions of this Agreement shall constitute a lawful binding amendment thereto and shall supersede the terms of said inconsistent ordinances, regulations, resolutions or interpretations thereof,as they may relate to the Subject Property. In the alternative,the City shall promptly amend its ordinances,where applicable,to conform to this Agreement. Section 22. Binding Effect of Agreement. This Agreement and all Exhibits thereto attached or incorporated by reference,shall 120101/2 ssi1an 13 be binding upon the parties hereto and their respective successors and assigns. Section 23. Severability. If an non-material provision of this Agreement is held invalid by any court of competent jurisdiction,such provision shall be deemed to be exercised here from,and the invalidity thereof shall not affect any of the other provisions of this Agreement which can be given effect without such invalid provision,and,to that end,the provisions of this Agreement are severable. Section 24. Notices. Any notices required or permitted to be sent pursuant to the provisions of this Agreement shall be in writing and shall be sent by certified mail,express mail or hand deliveryto the following addresses until written notice of change of address is given,and shall be deemed received on the fourth business day following deposit in the United States Mail, or upon actual receipt, whichever is earlier: If to Owners or Developer: Copley Ventures,Inc. Rush-Copley Medical Center Inc. Attention:Barry Finn 2000 Ogden Ave. Aurora,Illinois 60504 With a copies to: John F.Philipchuck,Esq. Dommermuth,Brestal,Cobine,&West Ltd 123 Water Street Naperville,Illinois 60540 (630)355-5800 Ronald Hem,Esq. Alschuler,Simantz&Hem 120101/2 55214/3 14 1961 W.Downer Place Aurora,Illinois 60506 If to the City: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,Illinois 60560 With a copy to: John Wyeth,Esq. United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Section 25. Entire Agreement. Except as otherwise expressly provided, this Agreement supersedes all prior agreements,negotiations and exhibits,and is a full integration of the entire agreement of the parties, and may not be amended except by further written agreement duly authorized by the corporate authorities and parties hereto, or, as applicable, approved by any court having or retaining jurisdiction over the subject matter of this Agreement. The attorneys for the parties may,by mutual agreement,replace or revise the Exhibits hereto to correct typographical errors or errors in legal descriptions prior to recording, and may replace any pages or exhibits containing handwritten corrections with conformed copies thereof. Section 26. Time of the Essence;Good Faith. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful implementation of this 120101/2 5521413 15 Agreement requires the continued cooperation and best efforts of all parties. Section 27. City Approval or Direction. Where City approval or direction is required by this Agreement, such approval or direction means the approval of the corporate authorities of the City unless otherwise expressly provided or required by law,and any such approval may be required to be given only after and if all requirements for granting such approvals have been met unless such requirements are inconsistent with this Agreement. Section 28. Singular and Plural. Wherever appropriate in this Agreement,the singular shall include the plural, and plural shall include the singular,unless the context clearly indicates otherwise. Section 29. Section Headings and Subheadings. All Section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. Section 30. Construction of Agreement. No provision of this Agreement shall be construed more strongly against any party to this Agreement. Section 31. Conflict with Text and Exhibits. In the event of a conflict with the provisions of the text of this Agreement and the Exhibits attached hereto,the Exhibits shall control. Section 32. Execution in Counterparts. This Agreement maybe executed in one or more counterparts,each of which maybe 120101/2 55214/3 16 deemed original and,taken together,shall constitute one and the same instrument. Section 33. Definition of City. Whenever the term City is used herein, it shall be construed as referring to the corporate authorities to the United City of Yorkville,Illinois unless the context clearly indicates otherwise. Section 34. Execution of Agreement,Effective Date. This Agreement shall be executed lastly by the City and the Mayor of the City shall affix the date on which this Agreement is executed on page one hereof, which date shall be the effective date of the Agreement. Section 35. Corporate Capacities. The parties acknowledge that the corporate authorities of the City have approved this Agreement and the Mayor of the City and City Clerk have executed this Agreement in their official capacities and not personally,and that no personal liability of any kind shall attach or extend to said officials on account of any act performed or failed to be performed in connection with the execution and implementation of this Agreement. IN WITNESS WHEREOF,the undersigned parties have executed this agreement this day of ,2007. [EXECUTION PAGES FOLLOW] 120101/2 55214/3 17 Prepared by: John F.Philipchuck Dommermuth,Brestal,Cobine&West,Ltd. 123 Water Street Naperville,IL 60540 120101/2 55214/3 18 UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Art Prochaska Jr.,Mayor Attest: City Clerk 120101/2 5521413 19 COPLEY VENTURES,INC. An Illinois Not For Profit Corporation By: Barry C.Finn,President Attest: Secretary 120101/2 sszian 20 INDEX OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT B ZONING PLAT EXHIBIT C PRELIMINARY P.U.D.PLAN EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES EXHIBIT E PRELIMINARY LANDSCAPE PLAN EXHIBIT F PRELIMINARY LIGHTING PLAN EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA EXHIBIT H PRELIMINARY SUBDIVISION PLAT EXHIBIT I PRELIMINARY ENGINEERING PLAN EXHIBIT J PARKING REQUIREMENTS 120101/2 55214/3 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 120101/2 55214/3 EXHIBIT B ZONING PLAT [REDUCED COPY TO BE ATTACHED] 120101/2 55214/3 EXHIBIT C PRELIMINARY P.U.D.PLAN [REDUCED COPY TO BE ATTACHED] 120101/2 55214/3 EXHIBIT D PRELIlVIINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES [REDUCED COPY TO BE ATTACHED] Architectural Guidelines United City of Yorkville Appearance Code 120101/2 55214/3 EXHIBIT E PRELEMNARY LANDSCAPE PLAN [REDUCED COPY TO BE ATTACHED] 120101/2 5521413 EXHIBIT F PRELIN/IINARY LIGHTING PLAN [REDUCED COPY TO BE ATTACHED] 120101/2 55214/3 EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA [REDUCED COPY TO BE ATTACHED] 120101/2 55214/3 EXHIBIT H PRELIMINARY SUBDIVISION PLAT 120101/2 1521an EXHBIT J PARKING REQUIREMENTS EXHIBIT I 120101/2 55214/3 PRELITMINARY ENGINEERING PLAN 120101/2 55214/3 CL,E4 I �f1 PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND COPLEY VENTURES INC., FOR THE DEVELOPMENT OF THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER THIS AGREEMENT is entered into this day of , 2007, by and between the United City of Yorkville, an Illinois Municipal Corporation(hereinafter"City")and Copley Ventures Inc., and Illinois Not for Profit Corporation (hereinafter "Owner" and/or "Developer"). (City and Developer are often referred to collectively as"Parties"and individually as "Party') WHEREAS,Developer is the owner of certain real estate consisting of approximately 44.12 acres of land located South of Route 34 and Adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township, Kendall County, Yorkville, Illinois; (hereinafter"Subject Property"and WHEREAS,the City desires to enhance opportunities for residents of the City to receive quality medical care,and other associated services within the City and is also desirous of obtaining increased sales tax revenue for the City; and WHEREAS, the Subject Property is currently zoned O —Office under the City zoning ordinance and zoning map;and WHEREAS,Developer has petitioned the City to rezone the property under the City zoning ordinance as a Planned Unit Development(hereinafter"P.U.D");and WHEREAS,Developer,has submitted to the City a Preliminary P.U.D.Plan and Plat as well 120101/3 55214/3 as all other required documentation proposing the development of a healthcare campus upon the Subject Property;and WHEREAS,Developer has published and sent out all notice required under Illinois State statute City ordinance to rezone the Subject Property as a P.U.D;and WHEREAS,the Plan Commission conducted the required public hearing on January 10, 2007,on the proposed rezoning and approval of the Preliminary P.U.D.Plan and Plat for the Subject Property;and WHEREAS, all other public hearings required by law have been held and conducted in accordance with the Ordinances of the United City of Yorkville and the laws ofthe State of Illinois; and WHEREAS, the corporate authorities of the City have determined that it is in the best interests of the City and Developer to develop the Subject Property in compliance with the Preliminary P.U.D. Plan and Plat, Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Zoning Plat,Preliminary Elevations,Signage Criteria,Preliminary Lighting Plan, and Architectural Guidelines,and other conditions hereinafter provided;and WHEREAS,the Parties hereto desire to provide for the adoption by the City of a Planned Unit Development Ordinance in connection with the rezoning of the Subject Property,as hereinafter provided;and. WHEREAS, the corporate authorities of the City have accordingly determined that the development of the Subject Property will promote the sound planning and development of the City and will inure to the benefit of the citizens of the City. NOW, THEREFORE, in consideration of the forgoing and the promises and contained 120101/3 55214/3 herein,the parties do hereby agree as follows: Section 1. Incorporation of Recitals. The forgoing recitals are hereby incorporated as if fully set forth herein. Section 2. Applicable Law. This Agreement is made pursuant to and in accordance with the applicable provision of Article 13 of the Illinois Municipal Code, as amended (65 ILCS 5111-13-1 et seq.), and the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code,as amended(65 ILCS 5111- 15-1.1 et seq.). Section 3. Property Subiect to this Aereement. The property subject to this Agreement consists of approximately 44.12 acres of land situated South of Route 34,adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township,Kendall County,Illinois,which said property is legally described in Exhibit A,attached hereto and made a part hereof. Section 4. Enactment of the P.U.D.Zonine Ordinance. (A) In accordance with this P.U.D Agreement,the City shall amend its zoning ordinance and map to zone the Subject Property as a Planned Unit Development as depicted on the Zoning Plat attached hereto and made a part hereof as Exhibit B. Such action may be in the form of an ordinance granting preliminary P.U.D.approval to be followed by enactment of a final P.U.D.ordinance upon submission by the Developer of all documents required under current City ordinance for such final approvals. The Preliminary P.U.D.Ordinance shall include approval ofthe Preliminary P.U.D.Plan and Plat,Preliminary Engineering Plan,Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Preliminary Building Elevations,Architectural Guidelines,Preliminary Lighting 120101/3 55214/3 3 Plan,Preliminary Signage Elevations and Sign Criteria,all as hereinafter more specifically provided and all to permit the development of the Subject Property as a healthcare campus as detailed in this Agreement and the Exhibits attached hereto. The Preliminary Plan and Plat shall remain in effect until such time as a Final Plan and Plat is approved by the City. It being the intent of the Parties hereto that the Preliminary Plan and Plat shall not expire until all of the Subject Property receives Final Plan and Plat approval. (B) The following uses shall be permitted upon the Subject Property. 1. Hospital 2. Heli-Stop 3. Medical Offices 4. Power Plant 5. Tennis Club 6. Fitness Center 7. Parking Garage 8. Professional Offices 9. Day Care Center 10.Restaurant 11.Cafeteria 12.All B-3 Service Business District Retail uses including,but not limited to; Drugstore Pharmacy Gift Shop (C) The City further agrees to permit buildings located on the Subject Propertyto be a maximum height of ninety feet(90')and up to seven(7)stories. All buildings over seventy-five(75)feet in height to the highest occupied floor, are to be considered high-rise construction under the International Building Code(2000). Developer shall construct all buildings over seventy-five(75) feet in height to the highest occupied floor in accordance with the high rise construction standards set forth in the International Building Code(2000). (D) The following performance standards shall be applicable to the Subject Property. Front yard setback(Route 34) 30 feet Side yard setback(West Property Line) 10 feet Corner side yard setback(Beecher Road Frontage) 20 feet Rear yard setback(Southern Property Line) 20 feet 120101/3 55214/3 4 Section 5. Preliminary and Final P.U.D.Plans The Subject Property shall be developed substantially in conformance with the overall Preliminary P.U.D.Plan prepared by Cemcon Ltd,dated October 16,2006,last revised December 15,2006, a copy of which is attached hereto and made a part hereof as Exhibit C. The City hereby approves the aforementioned Preliminary P.U.D.Plan. The City hereby agrees to approve a Final P.U.D.Plan in substantial conformance with the aforementioned Preliminary P.U.D.Plan. Prior to or concurrently with Final P.U.D. Plan review by staff for the Subject Property,the owner/developer shall do the following: 1. Submit written approval from IDOT for (1) limited right-in, left in, and right-out access drive on U.S.Route 34 in the general location as shown on Exhibit C;and 2. Submit a copy of the proposed Easements, Covenants, and Restrictions (ECR) Agreement for the Subject Property for staff review limited to provisions addressing cross-access and shared parking between various uses on the Subject Property;and To the extent that the Preliminary and Final P.U.D.Plans constitute a change to the bulk standards of the City Zoning Ordinance and Subdivision Regulations,this Agreement and the P.U.D. Ordinance shall constitute a lawful amendment to such ordinances. Except as otherwise expressly provided for herein,the Subject Property shall be developed in accordance with all other City Ordinances. Section 6. Access. All access points for the Subject Property as depicted on Exhibit C are hereby granted by the City. Section 7. Buildine Elevations. 120101/3 55214/3 5 Attached hereto and made a part hereof as Exhibit D are Preliminary Elevations prepared by Anderson Mikos Architects,Ltd.and dated October 20,2006,last revised November 3, 2006,for the proposed development all of which are hereby approved by the City. The City agrees to approve Final Elevations and issue building permits for the construction of structures which are in substantial compliance with Exhibit D. Furthermore,the City shall not require Developer to enclose any roof-top mechanicals,as long as,said roof-top mechanicals are screened in accordance with the City's appearance code so that they are blocked from ground view on all sides. Section 8. Architectural Guidelines. Attached hereto and made a part hereof as Exhibit D are Architectural Guidelines for the construction of buildings upon the Subject Property as depicted on the Preliminary P.U.D.Plan. All buildings constructed on the Subject Property shall substantially comply with the Architectural Guidelines. Consistent with the forgoing,the City agrees to reasonably approve building plans and issue building permits for any buildings which reflect the unique style and architecture of nationally recognized businesses,including signature design features and signage. Building permits shall be issued without further zoning or other hearing requirements if they substantially comply with the Agreement,the Preliminary P.U.D.Plan,and the Architectural Guidelines. Section 9. Landscape and Design. The City hereby approves the overall Preliminary Landscape Plan, prepared by Anderson Mikos Architects Ltd.dated October 20,2006,last revised December 20,2006,which is attached hereto and made a part hereof as Exhibit E.The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan. Each proposed building shall require the submission of a Final Landscaping Plan at the time 120101/3 55214/3 6 of Final Plan for said building. Furthermore,the Developer shall work with City staff prior to the construction ofthe future parking garage expansion to provide additional buffering to minimize light and noise upon the property located to the west of the future parking garage expansion. Except as provided for herein, building landscaping shall be in accordance with the City Landscaping Ordinance then in effect at the time of approval of this Agreement. The following modifications to the City Landscape Ordinance have been requested by Developer and approved by the City; 1. The City acknowledges that overall the Developer has met and exceeded current City landscaping requirements relating to landscaped islands. Therefore,the City agrees to permit Developer to construct landscape islands that consist of a minimum area of 168 square feet as depicted in the Preliminary Landscape plan attached hereto as Exhibit E. 2. For the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25'wide buffer area adjacent to the property line in lieu of a City required 30' buffer area. To provide an adequate buffer between the Subject Property and the adjacent residential subdivision the Developer shall install landscaping in the 25' buffer area pursuant to the landscape plan attached hereto as Exhibit"E". Section 10. Lighting. The City hereby approves the Preliminary Lighting Plan and Photometric Plan prepared by Anderson Mikos Architects Ltd.dated October 20,2006,last revised October 18,2006 which is attached hereto and made a part hereof as Exhibit F. The City agrees to approve a Final 120101/3 55214/3 7 Lighting Plan that substantially conforms to the Preliminary Lighting Plan. In addition,with the exception of the heli-stop lighting to be located on the Subject Property the owner/developer hereby agrees as follows: 1. All lighting fixtures are to be architecturally compatible with fixtures used elsewhere in the development;and 2. All light fixtures installed throughout the development shall include a recessed bulb/filament and a flat lens; and 3. Only fully shielded light fixtures shall be installed throughout the development. No light is to be emitted above the horizontal plane of the light fixture, with the exception of monument and other ground sign lighting located on the Subject Property,which lights shall be pointed directly at each sign;and 4. All under-canopy lights shall be recessed into the canopy;and 5. Light poles in the main development may be numbered. Said numbers shall not exceed four(4)inches in height and shall be located not more than ten(10)feet from the ground;and 6. Each proposed building shall require the submission of a photometric plan at time of Final Plan for said building,subject to City review and approval. Section 11. Signs• Permits are required for all signs to be located on the Subject Property. Attached hereto and made a part hereof as Exhibit G are the Preliminary Signage Elevations and the Sign Criteria for the Subject Property,including the criteria for monument signs and building signs. The City hereby approves the Preliminary Signage Elevations and the Sign Criteria. In addition,the Owner/Developer shall be permitted to place two(2)temporary signs on the Subject Property along the U.S.Route 34 corridor marketing the healthcare campus. Each sign may be double-sided,have a maximum face area of 120 square feet,and be up to a 120101/3 55214/3 8 maximum height of twenty(20)feet. No temporary sign shall be located in the public right-of- way. All temporary signs shall be removed upon completion of build-out on the Subject Property. The City's current sign ordinance restricts the maximum ground sign height to six(6) feet. Developer shall be allowed to construct up to six(6)ground signs with a maximum height of ten(10)to be used as way-finding signs located throughout the Subject Property to assist patients and visitors of the healthcare center. To the extent that the Preliminary Signage Elevations and Sign Criteria or the temporary sign guidelines set forth in this Section constitute a change from any of the current and or future provisions of the Sign Ordinance or Zoning Ordinance of the City,this Agreement and the preliminary P.U.D.ordinances to be adopted pursuant to this Agreement shall constitute a lawful amendment to such provisions. All signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement. Section 12. Parkin Parking shall be as depicted on Exhibit C. The City acknowledges that the parking as depicted thereon meets all requirements of the City relating to parking,subject to the provisions of Paragraph 5(2),herein. The following parking requirements shall apply to the development of the Subject Property as stated below and depicted on Exhibit J. A. Hospital L 1 space per every 2 regular employees. 120101/3 55214/3 9 ii. I space per every physician active on site.(25%of the total number of physicians are expected to be active on site at any given time). 1 space per every 2 hospital beds plus one. B. Power Plant-Ancillary to hospital. No individual parking requirement. C. Heli-Stop—Ancillary to hospital. No individual parking requirement. D. Hospital Cafeteria—Ancillary to hospital. No individual parking requirement. E. Restaurant—Ancillary to hospital.No individual parking requirement. F. Medical/Professional Offices —Ancillary to hospital. No individual parking requirement. G. Retail—1 space per every 300 square feet of gross floor area. H. Daycare—1 space per every employee. I. Fitness Center—2.5 spaces per every 1,000 square feet of gross floor area. J. Tennis Club—Ancillary to Fitness Center.No individual parking requirement. K. Fitness Center Pool Area— 1 space per every pool employee, and 1 space per every 50 square feet of pool area. Section 13. Engineering, The City hereby approves the Preliminary Engineering Plan for the Subject Property prepared by Cemcon Ltd., dated October 16, 2006, last revised December 15, 2006, which is attached hereto and made a part hereof as Exhibit I. The City agrees to approve any Final Engineering Plans that substantially conform to the Preliminary Engineering Plans. The City further agrees to apply the following storm water management standards to the Subject Property; 1. Side slope ratio of four to one(4/1)shall be permitted. 120101/3 55214/3 10 2. A minimum twenty foot(20')buffer between the high-water level line of the southwest storm water management basin and the west and south property lines of the Subject Property shall be permitted. 3. Wet ponds for storm water management shall be permitted to have a maximum allowable depth of four feet(4')for detention storage between the normal water level and the high water level corresponding to the ten(10)year frequency storm. 4. In the event that during the development of the Subject Property,Developer determines that any existing City utility easements and/or underground lines require relocation to facilitate the development of the Subject Property in accordance with the approved Preliminary Plan and Plat the City shall release such easement without cost to the Developer,and further allow Developer to relocate any such utility at Developer's cost,including,but not limited to,sanitary sewer and water-mains. Section 14. Subdivision. The City hereby approves the Preliminary Subdivision Plat for the Subject Property prepared by Cemcon Ltd,dated October 16,2006,last revised December 15,2006,which is attached hereto and made a part hereof as Exhibit H. The City agrees to approve any Final Subdivision Plat that substantially conforms to the Preliminary Subdivision Plat. The City further agrees to allow Developer to construct multiple buildings on one lot within the subdivision. Section 15. Additional Development. In the event that DEVELOPER seeks the creation and development of additional lots within the Subject Property, such development shall be subject to approvals of the corporate authorities of the City and amendment of the Planned Unit Development Ordinance in accordance 120101/3 55214/3 11 with applicable City Ordinances and State law. Section 16. Site and Off-Site Improvements. The Developer shall cause to be constructed as the development is phased those on- site and off-site improvements as specified in this Agreement,and as shown on the plans attached hereto and made a part hereof necessary for each phase only. Section 17. Outdoor Storage and General Provisions. 1. All trash enclosures throughout the development shall be constructed of materials and colors similar and compatible with the principal building served;and 2. All dumpsters shall be located within designated enclosures;and 3. Outdoor storage shall be limited to only those areas designated and approved for outdoor storage as detailed herein and as shown on the Final P.U.D.Plan; and 4. No products or equipment utilized by the healthcare campus shall be stored in a trailer or other similar container within any parking lot,loading area,or behind a building except for during construction within each phase of development;and 5. No snow removal equipment,salt or other de-icing agents for on-site usage shall be stored within any parking lot, loading area, or behind a building without being within an enclosed area; and 6. Prior to any construction trailer,office,and temporary storage container being located on the Subject Property the Developer shall obtain a permit from the City Department of Building Safety. All construction trailers, offices and temporary construction storage containers shall be removed upon the completion of all construction activity. Section 18. School and Park Donations. No school and/or park donations shall be required for the Subject Property. Section 19. Survival of Zoning Provisions. 120101/3 55214/3 12 The PUD zoning and plan approval granted pursuant to this Agreement, and the Planned Unit Development Ordinances contemplated herein shall not terminate,and shall continue in full force and effect unless thereafter amended upon application by Owner,or its successors in interest,or otherwise in accordance with law. The zoning ordinances to be adopted pursuant to this Agreement shall incorporate all material provisions of this Agreement. Section 20. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of any party to this Agreement to insist upon strict and prompt performance of the terms,covenants,agreements,and conditions herein contained,or any of them, upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term,covenant,agreement or condition,but the same shall continue in full force and effect. Section 21. Amendment of Existing City Ordinances and Regulations. It is the intent and agreement of the parties hereto that,to the extent permitted by law, if any pertinent existing ordinance,resolution,or regulation,or interpretations thereof by the City be in any way inconsistent or in conflict with the provisions of this P.U.D. Agreement, then the provisions of this Agreement shall constitute a lawful binding amendment thereto and shall supersede the terms of said inconsistent ordinances, regulations, resolutions or interpretations thereof,as they may relate to the Subject Property. In the alternative,the City shall promptly amend its ordinances,where applicable,to conform to this Agreement. Section 22. Binding Effect of Agreement. This Agreement and all Exhibits thereto attached or incorporated by reference,shall be binding upon the parties hereto and their respective successors and assigns. 120101/3 55214/3 13 Section 23. Severability. If an non-material provision of this Agreement is held invalid by any court of competent jurisdiction,such provision shall be deemed to be exercised here from,and the invalidity thereof shall not affect any of the other provisions of this Agreement which can be given effect without such invalid provision,and,to that end,the provisions of this Agreement are severable. Section 24. Notices. Any notices required or permitted to be sent pursuant to the provisions of this Agreement shall be in writing and shall be sent by certified mail,express mail or hand deliveryto the following addresses until written notice of change of address is given,and shall be deemed received on the fourth business day following deposit in the United States Mail, or upon actual receipt, whichever is earlier: If to Owners or Developer: Copley Ventures,Inc. Rush-Copley Medical Center Inc. Attention:Barry Finn 2000 Ogden Ave. Aurora,Illinois 60504 With a copies to: John F.Philipchuck,Esq. Dommermuth,Brestal,Cobine,&West Ltd 123 Water Street Naperville,Illinois 60540 (630)355-5800 Ronald Hem,Esq. Alschuler, Simantz&Hem 1961 W.Downer Place Aurora,Illinois 60506 120101/3 55214/3 14 If to the City: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,Illinois 60560 With a copy to: John Wyeth,Esq. United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Section 25. Entire Agreement. Except as otherwise expressly provided, this Agreement supersedes all prior agreements,negotiations and exhibits,and is a full integration of the entire agreement of the parties, and may not be amended except by further written agreement duly authorized by the corporate authorities and parties hereto, or, as applicable, approved by any court having or retaining jurisdiction over the subject matter of this Agreement. The attorneys for the parties may,by mutual agreement,replace or revise the Exhibits hereto to correct typographical errors or errors in legal descriptions prior to recording, and may replace any pages or exhibits containing handwritten corrections with conformed copies thereof. Section 26. Time of the Essence:Good Faith. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful implementation of this Agreement requires the continued cooperation and best efforts of all parties. 120101/3 55214/3 15 Section 27. City Approval or Direction. Where City approval or direction is required by this Agreement, such approval or direction means the approval of the corporate authorities of the City unless otherwise expressly provided or required by law,and any such approval may be required to be given only after and if all requirements for granting such approvals have been met unless such requirements are inconsistent with this Agreement. Section 28. Singular and Plural. Wherever appropriate in this Agreement,the singular shall include the plural, and plural shall include the singular,unless the context clearly indicates otherwise. Section 29. Section Headines and Subheadings. All Section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. Section 30. Construction of Agreement. No provision of this Agreement shall be construed more strongly against any party to this Agreement. Section 31. Conflict with Text and Exhibits. In the event of a conflict with the provisions of the text of this Agreement and the Exhibits attached hereto,the Exhibits shall control. Section 32. Execution in Counterparts. This Agreement may be executed in one or more counterparts,each of which may be deemed original and,taken together,shall constitute one and the same instrument. 120101/3 55214/3 16 Section 33. Definition of City. Whenever the term City is used herein, it shall be construed as referring to the corporate authorities to the United City of Yorkville, Illinois unless the context clearly indicates otherwise. Section 34. Execution of Agreement;Effective Date. This Agreement shall be executed lastly by the City and the Mayor of the City shall affix the date on which this Agreement is executed on page one hereof,which date shall be the effective date of the Agreement. Section 35. Corporate Capacities. The parties acknowledge that the corporate authorities of the City have approved this Agreement and the Mayor of the City and City Clerk have executed this Agreement in their official capacities and not personally,and that no personal liability of any kind shall attach or extend to said officials on account of any act performed or failed to be performed in connection with the execution and implementation of this Agreement. IN WITNESS WHEREOF,the undersigned parties have executed this agreement this day of 2007. Prepared by: Vincent M.Rosanova Dommermuth,Brestal,Cobine&West,Ltd. 123 Water Street Naperville,IL 60540 [EXECUTION PAGES FOLLOW] 120101/3 55214/3 17 N N "O �O W 00 UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Art Prochaska Jr.,Mayor Attest: City Clerk 120101/3 5521ae 19 COPLEY VENTURES,INC. An Illinois Not For Profit Corporation By: Barry C.Finn,President Attest: Secretary 120101/3 55214/3 20 INDEX OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT B ZONING PLAT EXHIBIT C PRELIMINARY P.U.D.PLAN EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES EXHIBIT E PRELIMINARY LANDSCAPE PLAN EXHIBIT F PRELIMINARY LIGHTING PLAN EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA EXHIBIT H PRELIMINARY SUBDIVISION PLAT EXHIBIT I PRELIMINARY ENGINEERING PLAN EXHIBIT J PARIQNG REQUIREMENTS 120101/3 55214/3 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 120101/3 552140 EXHIBIT B ZONING PLAT [REDUCED COPY TO BE ATTACHED] 120101/3 55214/3 EXHIBIT C PRELIMINARY P.U.D.PLAN [REDUCED COPY TO BE ATTACHED] 120101/3 552]4/3 EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES [REDUCED COPY TO BE ATTACHED] Architectural Guidelines United City of Yorkville Appearance Code 120101/3 55214/3 EXHIBIT E PRELIMINARY LANDSCAPE PLAN [REDUCED COPY TO BE ATTACHED] 120101/3 55214/3 EXHIBIT F PRELIMINARY LIGHTING PLAN [REDUCED COPY TO BE ATTACHED] 120101/3 1521ae EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA [REDUCED COPY TO BE ATTACHED] 120101/3 55214/3 EXHIBIT H PRELINIINARY SUBDIVISION PLAT 120101/3 55214/3 EXHBIT J PARKING REQUIREMENTS 120101/3 55214/3 EXHIBIT I PRELINIINARY ENGINEERING PLAN 120101/3 55214/3 CA STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO.2007- RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN FOR THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Concept Planned Unit Development Plan for Rush-Copley Yorkville Healthcare Center; 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 Rush-Copley Yorkville Healthcare Center 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO.2007- RESOLUTION APPROVING THE PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Planned Unit Development Plan for Rush-Copley Yorkville Healthcare Center; 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 Rush-Copley Yorkville Healthcare Center 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 `,�ti0 C/ry Reviewed By: Agenda Item Number Z� O-n Legal ❑ � 11 Finance ❑ EST. `� 1836 Engineer ❑ -4 City Administrator ElTracking Number T O Consultant ❑ NandM camh V < -M Human Resources Elt*bc Jcc l City Council Agenda Item Summary Memo Title: Sunflower SSA Establishing Ordinance City Council/COW Agenda Date: February 27, 2007 City Council Synopsis: Companion ordinance to the acceptance of the land by the City. This is the final step in enacting the SSA,but would have to be approved subject to the expiration of the 60-day window for objections. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to expiration of 60-day window for objections Submitted by: Bart Olson Administration Name Department Agenda Item Notes: F&L DRAFT 02/05/07 ORDINANCE NO.2007- AN ORDINANCE ESTABLISHING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 (SUNFLOWER ESTATES) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,AS FOLLOWS: Section 1. Authority. The United City of Yorkville (the "C ') is authorized, pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.(the`Act"),to establish special service areas for the provision of special governmental services in portions of the City and to levy or impose a special tax and to issue bonds for the provision of such special services. Section 2. Findings. (a) The question of establishment of the area hereinafter described as a special service area(the"Special Service Area') was considered by the City Council of the City pursuant to "An Ordinance Proposing the Establishment of Special Service Area Number 2006-119 (Sunflower Estates) in the United City of Yorkville and Providing for Other Procedures in Connection Therewith,"being Ordinance No. 2006-155, adopted on December 26, 2007. The establishment of the Area was considered at a public hearing held on January 23, 2007 (the "Public Hearing"). The Public Hearing was held pursuant to notice duly published in the Kendall County Record, a newspaper of general circulation within the City, on January 4, 2007,which was at least fifteen(15)days prior to the Public Hearing,and also pursuant to notice by mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. Said notice by mail was given by depositing said notice in the United States mail not less than ten (10) days prior to the date set for the Public Hearing. In the event taxes for the last preceding year were not paid, said notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A certificate of publication of notice and evidence of mailing of notice are attached to this Ordinance as Exhibit A and Exhibit B,respectively. Said notices conform in all respects to the requirements of the Act. (b) At the Public Hearing, all interested persons were given an opportunity to be heard on the question of the establishment of the Special Service Area for the payment of any costs of maintenance and repair of monuments, signage, landscaping and other common area elements in the Special Service Area and the levy of a tax on real property within the Special Service Area to pay such costs. (c) After considering the data as presented to the City Council of the City and at the Public Hearing,the City Council of the City finds that it is in the best interests of the City and of the residents and property owners of the United City of Yorkville Special Service Area Number 2006-119 that the Special Service Area,as hereinafter described,be established. CHI2 664908.1 (d) The Special Service Area is compact and contiguous as required by the Act. (e) An annual special equal tax levied against each residential lot and each parcel in the Special Service Area as herein described does not exceed the tax rate or method proposed in the notice of public hearing referred to herein and such special tax, taking into account the direct and indirect special service benefits to current and future owners of property within the Special Service Area, bears a rational relationship between the amount of tax levied against each lot, block, tract and parcel of land in the Special Service Area and the special service benefit conferred. (f) It is in the best interests of the City that the Special Service Area be created for the financing of the maintenance costs within the Special Service Area, and that taxes be levied on real property within the Special Service Area to pay such costs. (g) It is in the best interests of the United City of Yorkville Special Service Area Number 2006-119 that the payment of the maintenance costs proposed be considered for the common interests of the Special Service Area and that the Special Service Area will benefit specially from the payment of such costs. Section 3. United City of Yorkville Special Service Area Number 2006-119 Established. A special service area to be known and designated as "United City of Yorkville Special Service Area Number 2006-119" is hereby established and shall consist of the contiguous territory legally described in Exhibit C hereto,and outlined on the map of a portion of the City attached as Exhibit D hereto,which description and map are by this reference incorporated herein and made a part hereof; rop vided that prior to March 25, 2007, no electors residing within the Special Service Area or owners of record of taxable property lying within the Special Service Area shall have filed a petition with the City Clerk objecting to the establishment of the Special Service Area or the levy of the special tax as herein described. Section 4. Purpose of Area. United City of Yorkville Special Service Area Number 2006-119 is established to provide special services to the Special Service Area in addition to services provided in the City generally,payable from taxes levied on real property in the Special Service Area in accordance with the special tax roll established by this Ordinance. Section 5. SMial Tax Roll for Bond Retirement. In lieu of an ad valorem tax to be levied and extended for the payment of maintenance costs of the Special Service Area,a special tax roll is hereby established. Such special tax roll shall be used only for levying and extending taxes for the payment of such costs. Pursuant to the special tax roll, there shall be levied by the City in each year an equal tax on each parcel of property in the Special Service Area listed on Exhibit E hereto, sufficient to produce revenues to provide special municipal services to the Special Service Area; the maximum rate of such taxes to be extended in any year within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of$31,855. Section 6. Supersede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. 2 CHI2 664908.7 i t Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS this 27th day of February,2007. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk Published in pamphlet form February 27,2007. 3 CHI2 %4908.1 Exhibit A Certificate of publication of public notice CHI2 664908.1 g• v g �. v $cT g cco ISM PL if OL er M4 �g� k O M $gpq ���gqi : mL. '. � Z vt 3 �� m ■_t � g o �c• R•S��Looa• ? E��o� S ® $_ a N' a m 3 S S S 31 -.311 m >g s -cme ♦ fig I �p_ � � Sw s X-111 !1 112 21^Q12 3.14 j afd Vg �9 d < 4 S a i s K� � 7; n ma � +� Y a�p�-o.YY.$ "���• �:� ����� $ '# 4 �� � � ?a a „ ����?•7��$ gSg � .�. 3 � �■� a � ? �•s3 � 0 ' $ IF BS �' a QgQ4 � t � 3 � $ � �0.�' # •�■q a aso a � Z mai ,- S • F; aa Is .5, Sa S 3� � e $3 ■ � p Il. J $ a •< g a ■ � � I;; gs t$ yRg aag` $ a $� !g! � ' ag R g a � tl r r� ill a @ iie6 e+ 0. .■ H Q�$ •Y $ 3!t HIM ` $16 �e $ 6 6 &.7 a _P R0.i viii' 4�' =:5' €"IMPfll a - 8 �aF. o �4e a _ Rig o� W $ g l �f i 6 0 IP[ 111 111 1 � � 111111!� �� a ��� �j§Q �� �pQ��� � 1 fiff!!Jill; � g P y_ Rlye £ a Si + eb`�4}+ ��w W � R �} R b �ma4 ■ ami +�$6 g '8 P `�S^$. 4;�`�yam g SA gs s? $ Xm yR Xg1��0 R6i 6S 8 n� a SSS d' = s a 94 �5_ Y 3 Is It yp gg`¢ 3y sy 'a- p g ? yg lfl�'��1 S ig �!`g i +��+' � g�� � Q 4Q3Sll$o'i Q� {�n� �v� "�� N ����WR � �Si ��l��p� ��■'� g � g.A.S B'�� � gu$ S •� 4 #KRRNt {y � # W _3 � oW ^ tai 6 RNEa a og56gRp c�'� a�3h9 BLIs as 3►� s 1 -°ih I AS t � •n t a 0. 40. 0.Q + 4 M^' N a 0. 0. z4 RPM e- 141 -it"011 It, •www--o avmW w +4 s • y�_ Qua+1i- St8 ssg 6a v•'•mSg . ��R �88 g• `os� RR Ai o4•� � � " � g3aygggg S6 ■. gv�S+3� $ em'� A4gg .i... . ... ..__ , _.o_ -r°epSIR 1-11$ g .S �•pm�� �g�6 ag! iii_�jgJ.��� �R��i �wi��pi},�� :: �������g�■bmr��■m i • Q s� w• B{ 9Z 8i t3Xtli8i �ic Ja.ya,J$�j$ _ .. .. ki fu 2SB� R w Yii m N V Exhibit B Evidence of mailing of public notice 2 CHI2 66490$.1 5 - - i t Z. - S?'A'IE 0 1 .3 (315 SS I EN3?�4L,L;CMTV.TY) i i'he uirdersigsiedj:Lum7e 3:Emtru hereb" .deposes'and skates as foilov;s: 1: Thar on VUdnesday;3artiiary 3 2Ufl1 iet 3vitfivlichelie uses:a# t+hone at } U 4 Col bide eve-`Y©il vill8;Y Imois-and pre ared :the?tiiohce of Pubhc H ►a arttac7led hereto as ambit P►by fold ng.-,. essmg and putfiag:saide-? otic i�aii eiz� it .to be mailed:to each.of the o�vsiers of the Sun#Iower states su wis'ion(117 prgtktides�,Iocatad i&Pus. 47 and 7t hi YorkviUa,Illinois and'listed by permanent index.number on P�:hib L �attacfied . hereto_ 2. That on Friday,January S,2.07,Iv ehelle Moses ivent'to the.united Mates Pest. Office locatedin_Yorky illihois'Andlnalied-th6N6&e-:ofl'u lcliesrittgby_.IIS..regiiiai mail;postageprepaid;to 1k a oaiiers.ofrecord of`tb&117.properties located:int3w:S inflctil,Ver Estatessubdivision i 3. FPrther�Affiant sayeth not. . i - i Lt e MEmini Svbscribedlmd s oirp to.before me this-22nd day of3anuary,2007. ------------ OFFICK Sl~AL LUANK A PATNO No ; P. C NOTARY KUX-STATE OFRUNM W COMM�ION.E7PNEMP" ice:: _ i _ : ...: NO .]V_ ill CIi'4F�� 1YL i AL SR[ ARS.=1�7[3B Zt Sil [FIGtWER + TAM) - IvTC}T1 S.`HERE V laIVEN, on Ja ivar;�23:3-00 21`3 Ol 'p<rrs nt the:Yoe Ie Cii :Hall. 8tJ0- rarrte arch Roads Yofkyi le I'll nois,A Bear' �v`rll be held;by the UiriW Cid' f j Yorlci�lde(the"C ):to coissider foriiitng a spectal service area.[o be caller City of Yoil:;i�je SVpecial ,Sere- i-e A.Tea Number 2{306.=119. consisting of the te. lors.legaily .desc bed.in Exhit it l to this Noh.ee: i The.-approximate ocalion is:generale}:riorthivesr of the nortbi t:to er dF.RRo, 47 and Route 71 in the'City: ! The ge e al purpose'of.the:formation of the City of York:elle S sat Vire Area l urrslier '�xfl061 9 to groylde social rnuarcipal.5e yices::tp the area �vf h a N&the costs matsitenar and epair:.of roan . urnents silage',landseaphlg anz other;ctrrumon area elements.within #1te :proposed special.ser�7ee area The special seances shall :.include maintenance acti;=%ties'ooly, There will also be considered at the hearing the. fblioir3g :rricitod of financing maintenance.activities.within:tho proposed special service area 'thelev�}r of as equal tax h5 the City on each parcel of property in the proposed special,_service area;'--safc:tent to produce' revenues to. provide-special murxse'ipal se vrices to the 'proosed spial sees ce area, the maximum rate of xric i taxes;#o be e3ctended n any yeas:writhau tae proposer sgectal sen ice area „hick shall not excesal the: ount rie=ssary to plc lice a __ mar l tape levy o.X3- 855, said tax to be levied upon-ail.=Aie property Within the proposed'spe aI:servrw,area.. At the.hearing;all ihterested:persans..affeeted-by the f6mation,of such.special.scry ice area,includiri 64 . g persons or%mmg taxable seal esiate(herein.ntay:Erle azid be heard orally regarding the.formation of apd.the b6tm aries of the s}�ecial sery ree area and:the levy of taxes`affecting the;.area Tt a heanug may:be adjourned.by tlte':City Gouneyl::w thous further notice othei fihaii:a inotion to be-entered upon the minutes of.its a ecung,!iJ ng-the time j and place of its adjotiraneat. If a.petition signed by at least_51%of the electors residing A;ithi'n ttie City of York-41-le Special Sen*ice Area:Nurnber 200.6=119 and by at least 51%of the owners of.record of th0and included within the bb daries of the City of.Yorkvilie Special.Service Ares.Num- ber?00(-•119 is fled with the City Clerk of the Crty'-of`Yoiknille -"itbin 60 days follos�z tt_e finat adjournment.of:the.public-bearing objecting to_the creation of thespecial:ser4ice areaor thele«- of taxes affecting thearea- no such area may be created and no such tares may, be levied or imposed. i CH12 659662.1 - - l i i tf 1 _ I I i 4 i i i F f I j , , t DON"9,1::1-:1t9��t�� j i i Thaf par#:of the.Soufh f Taff ofecfion 5, Townfip 36Nor##,;Rare.7 Tt�rr#1'rrnapai 1erirlran:d "as as f0ws. t3grnnirrg at tks"Sruth vvest Comerof. Giem:Briar,P U f3; nr''3 Ybi;*vi e-1Cendalt Cr3trtity, itlinois,:tf encs`North 88'38`48" Ees sfsu�g° w... #ar i.m of Gieen BdArWve 481.87 feet to M4 Sfl the$st coirtar of said st3bdi is or ft a Tt rth=88'3912'East arcing said center.fins.,7i&,55,feet;lharrca.. Sart 01`20148"Eest, 349:99 feet;thdnce Mich 8$03912'Easf; 7-12:30feet.*t Sapvtth t1`44T "` sf; iZ98 43ee tte7ice 87'S '�?Yeat. 7t _98 feet tai } i South 02'f33'35' Eget 5i . fest to tl3e r�er3fer Jive of:tlCrriois S fs ?lute No.li, : Thence-me!8rly along said-rmi?ertO* being arong a curve_to:.the lelt-.-. relit s of` . 5;055.x9:t ip`asr s distal�ee crf:8a 0 feat;Nod 02"033W"West;:512t23-feet;tiiorrce: '" Soufft-0 x,625*1" est, 760:;86-feet to fine:dram South 14'10122'East tm.the.point - of heginnii� fh..' Naith 1471022'Wast,1-701.79fee(-to the:point o(b rn ' �n tie Eln#tar#C�fy iif 1' 1(s;1Eer3dafl t✓oririty, ltJrrrois and containing 60 6 =acies. z i f - - i 1 1 - T�EjG�lL:l3aCl '';1t3i baa#.part of-ta S6ink-� f ofSeoticin 5 Tt i�vnship 36�Io ,h, e°f East 4f tho u d ctpa lvIMdsztti dese�betl as tins Bue na at the nr e$ so3t[ierly Sor�nleTflf Estates,Plase 1, ciHe,ICeridailaunt ;:Elitiois;iheh Soar i 4�10 22" atg � est;Iineof'said 'base i xtendied 84249;feet thence No 87L� 5"I asi7 E1$6 Sovd. Or-b ':3n" t 482:23 fee#o ;thel ce;seuth westerly aloii8 a curN>e to die right haw ag a rade . of 3fl 0 feet,an arc ilisfance,uf 46 48 eei:.to-the orthecly nglit of w a.lihe of No;Vii,thence Souidi 03°17'01"East alana a i�ne.cidw to said no rt ieriy rift-c>f a ine 6S 0 feet-to#be eeizter tui of said Pl ois Staie l vute s''o.'1;:then&engMy alop�s�d celuc.l�#� 107:9'8 feet;�ence�o�tk0.42-03'35"West 511.60 feeE;thenceNoiah 8? �6'2S"F.;asr3�1$1=:fest, :.: theme 146r6 02°03'35"West 150.0 feet;.tb nce North 81 56'25"East MO fejt,t�or�ce 3�it3 th 03°03'35""West 66.0 feet;thence South 87'56'25"West 35:62 feet;thenceXor&:01.44{�� - YJest 170.2-8 feet;-t}ience,South 87°.56'25,' •'.est 151.16 feet;.thenceNbrth 0>`1i3'35" �7os 3G fl 3 _ . : fent'.:thence:-ouch 87°56`25"Wit 66 a feet;hgice.South.02'033'35"East 509 27 Feer,43, 1. 1 South 87°56'2 "Wiest 150:4 f€set;tliencesorth 0:1°39'12"Rest b17 73 feet:tathet comer ofL A:83 of:Wil Su- n!GoxerEsta ;fgnce88 _South '39'32"Vilest 81ongflte.S'' ih ltia of Lot83,:1 12 feet:to:ttia soutli�vestcome Hereof;thence SDu.h 01+02. East 3fl feet; I tencehSouth 88°39'12".West 66:0:fret;tlienae NTorth 03`20'49"West38 ng[1�east comer of 66:67 of saidSub:hdwer Estates;ttierice.South.88°39'12"'rizt41iohg the:SoOtb lffie-sif said Lot.67 and the South"dine of Lot 66 of said Sunflower Estates;37536f fo die�ut�uest corner of:saidLot 66,thence soufdierly,alonga.curve to the rig1 ha��ug a-M. of 13{9°fact which is-radial to:alineZrawn South i8°45'40"West from the last:deseri2 point;"azi arc'" ct ranee of 38.41 eel;thence Soti(h 85°43'i 0"ti'v'-est 66.0 feet;thence northerly-49��a .. ... Concentric.ourue.to.the lek having a:radius of 2 47.0 feet,an arc`distarim-of 30 0,feet,:ihe _.. South.78°45'40"Vest 14824 feet;ObMce South 00°2456"East 1:46:93 feet;#henee a-.4FOj $5'35'04"-West 1.821:89'leetto the"poiiztof beginning in the United Cft-:of Tt' rFlle,fiaeni.h :` county;Illinois. i 3 I ' I i 1 } i - -= : -= _ i Il iff IP/�Ii�YdiiHAp �� S :.., ;�25Cr GI3 a4c'1Jf/!//F7E71s ,. .. - GGA f3iTzGf/. 7� ,lames fanr t1 . mfssrcral.Lard 2Zrvey h;a {a3dy fJ If n As Garr* s.. L d :do hereby cwt r #i 7 r rridar , 'trec�'>oa no f carriers terra % tie_-urc�eyed sYikrfvfdert.c ytr�'ptls�fted _ 5ot1f}eb�# ......Ie0e �0la Jr /DY?s177}? 9'� �rd �?F3ffg�.�T S Oti�r furp htertdan descrlbd as fpifor�� srnnrng dt the Satfaer �t caner het ¢2, ucrriev Esrtes Phase 2 Yr�rkvr7le. 1Ceno'a'1 �sj:�aty, llertD�s, e nrth tlz-03 3 " / a'otig fhb fust Al. e of surd lnf-!'0.0'_W to- ffse l�rt#rsa�`c�rnei: ereoa` itser�ce laJot k z T S'1 £asf agng-o SGuth (ineof7. fs Pose z, a drslrmceof 30 D fey #hence IJarfh 0 'D3, .West laaang arr as Jae o Mase . sfonce of 6S 0 Feed' t! e South B3' fYesf ot►n� f+arine..' o f sard;l't? rse oistane a f 35 62 feet-fa :the Sor�fhea .cr a scud r dfvis�r+n� flaerrce-h!orth 01-4011.4."- Wes a':;ng ;tho-fad frn»; Id L arrd t}�� aEastlge o Lvt 11? rf said 'hase . r� t�orffae+�st 'first 1I?;: rherrrg Sdo. +3����" _421 l►�w ; lirfe al saw Loi 917�x lscE_of 15#1� gee# to, the flhre exsce 143rr}t`i ` c 7J. ;S" fYest algng a Yr'esf../i`re of sold f'fi Vito rse ase of 3D 0 -j- ence 5 rt#h &75525 wes,:along; v A/orth frna:aY drstfance of 15�fJ fed#, thence.South �c 0.3::3'3"E�sf olor�g drycs ,tir�ei`sig ` -:phase,�' io,a�isfaor#ce of 5��,77:fi°et fa:the!`Jcrtfrepst:;aarnef_of�o� 1ft0-a,�:��grr3 lalrese= trtrlee Sufh 87:5b 1 :' Y✓est..along:.the /�orfh lme.of std toytrQ Laf 1d7 at sarrl Fhas 2, dsranee a{ 1�©`1:fePf fo the ,Sav#h ar er soaqu 77 of:sod Ptarrse ,; ;hence Iih Oy 3 7�" }Yest along arr fastinb sir too Es�`ate Phase 1 ?'orfrcalle. YePOU/ Doan#); fl/lno s o drsf ce of ?' ee s i the Mtirfhecxs# truer of loi 83:of sold Phase 3, Lienee lJo tl� 38g '� cs` along o 5rsv# fine of d Ptirrse 1, a.ars# ce of �f:fee# the. czar# lJt '#5 West alahg pts f'asf foie.of sdfd Pt�rrsr Z P cfrta�L, G►- thenee.South BB 1 " fYest a#nz�g a I>+artfa 7rie ofio` lQse ° - 3flfl fee# tg..the Snutfsesl� carer flf Got tB of sold F'tase:1, fe 017©4B lyst a/og #hE_ as` 1me of said Via# > a. fiis#wee ref 9SS fa' fa tJarthrast cr�r-nor erea #peace Narfh_8630. £ost otd, rr dfa�� i 4 pi7rolllnrr#a ftre confer late ef.GYeen 8rrar Joao; 702J01-feet #o ane zr �aralle/. i tfie een fir Irne orf-10.7ois. Sfdte_:R hXo 4T,...thea Etst afar soul orallet line: 19IJ 43 fit #o a /sne<drawn parri11e1 g . . P fee '.norrnot/y disc` # na therly of me..cenz er:line 6-t I-Mm i� S i ?Route Ago ; theme South 89' S25yYest wrong sr�ld parallel 1lne osg?5 ;fir- ode +oint' begirinirg in the' Uasfed City of Yorrv1/.'e X'endall Countyby fhe ,v1af tiereon dreivn n�hrch.7s.c.correct represertotion of sos'a'svr;%e - subo'irislo.7., 4t! distrfnce are shown in feet and decimcl..porf. tfeeof. - further certify.that;:fhe obo:ve described properfy.is W;&In the carPrrctte fi taus of the Vnited hos.adopted.'an o7rrciof plait :arid tho#:no p+ rt'is i wi�hin aspar+o! ?ioad liirdrd area cs idpnfietf ty_ the Federal frrrergerlcy 1Kdrrogemrt tlgehcy Carnriitinify Pane! ,ti1ap; effective date. Ju/y:14 x9 "Lkfe of Yarlrvr7fe AllnDis lllinofs Professioral Land.Surve Nc. .225:3 James Olson Asi'6-rnfss, .Lid.. :YYest.:tyfaillsari �'arkvi/ie,' IM71701S 60550 I I i EXHIBIT B LOT# PIN# 1 05-05-440-002 2 05-05-440-003 3 05-05-440-004 4 05-05-440-005 5 05-05-440-006 6 05-05-440-007 7 05-05-440-008 3 8 05-05-440-009 9 05-05-440-010 10 05-05-440-011 11 05-05-440-012 12 05-05-440-013 j 13 05-05-440-014 14 05-05-440-015 15 05-05-440-016 16 05-05-440-017 17 05-05-440-019 i 18 05-05-440-018 19 05-05-440-020 20 05-05-440-021 i 21 05-05-440-022 22 05-05-440-023 23 05-05-475-001 24 05-05-475-002 25 05-05-475-003 26 05-05-475-004 27 05-05-475-005 28 05-05-475-006 29 05-05-475-007 30 05-05-475-008 31 05-05-475-009 32 05-05-475-010 t 33 05-05-475-011 t 34 05-05-475-012 35 05-05-475-013 36 05-05-475-014 37 05-05-475-015 38 05-05475-016 39 05-05475-017 ! 40 05-05-475-018 j 41 05-05-475-019 . 42 05-05-445-004 43 05-05445-M 44 05-05-445-002 45 05-05-445-001 ' 46 05-05-443-015 47 05-05-443-014 48 05-05-443-013 I� I . i i 1 ! f r . i i { 49 05-05-443-012 50 05-05-443-011 51 05-05-443-010 52 05-05-443-009 53 05-05-443-008 54 05-05-443-007 55 05-05-443-006 56 05-05-443-005 57 05-05-443-004 58 05-05-443-003 59 05-05-443-002 60 05-05-443-001 61 05-05-441-008 62 05-05-041-009 63 05-05-441-010 64 05-05-441-011 65 05-05-441-012 66 05-05-441-001 67 05-05-441-002 j 68 05-05-441-003 j 69 05-05-441-004 70 05-05-441-005 71 05-05-441-006 72 05-05-441-007 73 05-05-442-011 74 05-05-442-010 75 05-05-442-009 1 76 05-05-442-008 77 05-05-442-007 78 05-05-442-006 i 79 05-05-442-005 i 80 05-05-442-004 81 05-05-442-003 82 05-05-442-002 83 05-05-442-001 84 05-05-442-030 3 85 05-05-442-029 86 05-05-442-028 87 05-05-442-027 88 05-05442-026 89 05-05476-001 90 05-05476-002 91 05-05-476-003 92 05-05-442-025 93 05-05-442-024 j 94 05-05-442-023 4 95 05-05-442-022 96 05-05-442-021 1. 97 05-05-442-020 98 05-05-442-019 99 05-05-442-018 100 05-05-442-017 I i 101 05-05-442-016 102 05-05-442-015 103 05-05-442-014 104 05-05-442-013 105 05-05-442-012 1 106 05-05-444-002 1 107 05-05-477-006 s 108 05-05477-005 109 05-05-477-004 ; 110 05-05-477-003 111 05-05-477-002 E 112 05-05477-001 113 05-05-444-006 114 05-05-444-005 115 05-05-444-004 116 05-05-444-003 117 05-05-444-001 I E 1 1 t i I 1 s Exhibit C UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 3 CH12 664908.1 s That part of the South Halt of Section 5, Township 36 North, Range 7 East of the Third Principal Mean described as follows: Beginning at the Southwest Comer of Green Briar, P.U.D., Unit 1, YorkvnUe, Kendak County, fllinois;thence North 8803648" East along the centerline of Green Briar Drive, 481.87 feet to the Southeast comer of said subdivision;then North 88°39'12"East along said centerline, 716.55 AMC thence South 01'20,48"East 349.99 feet;thence North 88939'12"East; 71230 feet;thence South 01'44'07"East, 1290.43 feet;thence South 87'5675"West: 700.96 feet,thence South 02'0315"East 511.60 feet to the center line of Illinois State Route No. 71; thence westerly along said center line, being along a curve to the left, he ving a radius of 5,055.59 feet an arc distance of 80.0 feet;North 02603'35'West, 512.23 feet;thence South 87'5675"West 760.86 feet to a One drawn South 1401022"East hvm the point of beginning;thence North 14'1072"West; 1701.70 feet to the point of beginning in the United City of YwW11e, Kendall County, Illinois and containing 60.6 10 acres. LEGAL DESCRIPTION That part of the South Half of Section 5,Township 36 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower Estates,Phase 1,Yorkville,Kendall County,Illinois;thence South 14°10'22"East along the West line of said Phase 1 extended 842.49 feet,thence North 87°56'25"East 760.86 feet;thence South 02°03'35"East 482.23 feet;thence southwesterly along a curve to the right having a radius of 30.0 feet,an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route No.71;thence South 03'17'01" East along a line radial to said northerly right-of-way line 65.0 feet to the center line of said Illinois State Route No. 71;thence easterly along said center line 107.98 feet;thence North 02°03'35"West 511.60 feet; thence North 87°56'25"East 341.81 feet; thence North 02°03'35" West 150.0 feet;thence North 87°56'25"East 30.0 feet;thence North 02003'35"West 66.0 feet;thence South 87°56'25"West 35.62 feet;thence North 01°44'07" West 170.28 feet;thence South 87°56'25"West 151.16 feet;thence North 02°03'35"West 30.0 feet,thence South 87°5625"West 66.0 feet;thence South 02°03'35"East 50.27 feet;thence South 87056'25"West 150.0 feet;thence North 01 039'12" West 617.53 feet to the Southeast comer of Lot 83 of said Sunflower Estates;thence South 8839'12" West along the South line of Lot 83, 152.28 feet to the Southwest comer thereof;thence South 01'20'48"East 30.0 feet; thence South 88°39'12"West 66.0 feet;thence North 01'20'48"West 38.63 feet to the Southeast comer of Lot 67 of said Sunflower Estates;thence South 88°39'12" West along the South line of said Lot 67 and the South line of Lot 66 of said Sunflower Estates,375.36 feet to the Southwest comer of said Lot 66;thence southerly,along a curve to the right having a radius of 313.0 feet which is radial to a line drawn South 78 045'40"West from the last described point,an arc distance of 38.01 feet; thence South 85°43'10"West 66.0 feet; thence northerly along a concentric curve to the left,having a radius of 247.0 feet,an arc distance of 30.0 feet;thence South 78°45'40" West 148.24 feet;thence South 00°24'56"East 146.93 feet;thence South 89°35'04"West 182.89 feet to the point of beginning in the United City of Yorkville,Kendall County,Illinois. 1A +/Jl�"1 ...LdJ� 'rZ2Cf�. DESCrl�Yt7-Q17n State of/luno/s' :SS County of Kendoll.- 1, Jomes M. Olson, Alino(s professional Land Surveyor No. 2253, employed by James M. Olson Associates, Ltd., do hereby certify that, under the direction of the owners thereof, /-have surveyed, subd(v(ded one plotted that port of the Southeast Ouarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as. follows: Beginning at the Southeast comer of Lot 42, Sunflower Estates, Phase 2, Yorkville, Kendall County, Illinois; thence North 020335. West along the East line of sold lot 150.0 feet to 'the NpriheasI comer thereof thence North 875625" Easi along a South line of sold Phose 2, a distance of 30.0 feef; thence North 020335" West along an Eost line of said Phase 2, o distance of 66.0 feet; thence South 875625" West along a North line of said Phase 2, a distance of 35.62 feet to the Southeast comer of Lot 106 of said subdivislon; thence North 0140'14" West along the East line of said Lot 106 and the East line of Lot 117-of sold Phase 2, o distance of.170.28 feet to the Northeast corner of sold Lot 11.7; .thence South 873625.". West.along. the .North 1/he- of said Lot 117, a distance of 151.16 feet-to the Northwest corner thereof thence North 020335" West along a West line of said Phose 2, o distance of 30.0 feet; thence South 875625" West along a North line of sold Phase 2, a distance of 66.0 feet; thence South 0203'35" Eost along an East line of sold Phase 2, a distance of 50.27 feet to the Northeast comer of Lot 100 of sold Phase 2, thence South 87'5625" West along the North line of sold Lot 100 and Lot 101 of sold Phase 2, a d/stance of 150.0 feet to the Southeast comer of Lot 77 of sold Phase 2; thence North 01:39'12" West along on East line of Sunflower Estates, Phase 1, Yorkville, Kendall County, Illinois, a distance of 717.53 feet to the Northeast corner of Lot 83 of said Phase 1; thence North 88:39'12" East along a South line of said Phase 1, a distance of 58.26 feet; thence North 017048" West along an East /me of said Phase 1, a distance of 66.0 feet, thence South 88:39'12" West along a North line of said Phase 1, a distance of 30.0 feet to the Southeast corner of Lot 18 of said Phase 1, thence North 0120 48" West along the East line of sold Lot 18, a distance of 150 0 feet to the Northeast corner thereof, thence North 8839'12 East along a line drawn parallel with the center line of Green Briar .Road, X02.30 feet to a line drawn. parallel with the center line of Illinois State Route No. 47; thence South 0144107" East along said parallel line 1290.43 feet to a line drawn parallel with and 766.23 feet, normo//y distant, northerly of the center line of 1111nois State Route No. 71; thence South 87' 5625" Mest olong said parallel line 359.15 feet to the point of beginning /n the United City of Yorkville+ Kendall County, Illinois as shown by the plat hereon drawn which is a correct representation of sold survey and subdivislon. All distance are shown in feet and decimal parts thereof. / further certify that the above described property is within the corporate lirnits of the United City of Yorkville, which has adopted on official plon, and that no part is within a special flood hazard area as identified by the Federal Emergency Monogement Agency Community Panel Map, effective date: July 19, 1982. Dated at Yor*41e, 111inois ,lames M. Olson Illinois Professions( Land Surveyor No. 2253 Jomes M. Olson Assoclotes, L td. 107 West Madison Street YorAMIle. Illinois 60550 Exhibit D Map of Special Service Area 4 CNIZ 564908.1 SUNFLOWER ESTATES SUBDIVISION HOME OWNERS ASSOCIATION PROPERTY ie S _ -•'..,.. R,R,..�.,,�...+�.,,,,�°z„ � er..�r®meawwws�nm�wsmaaiu Sunflower Patk � a ti mom woo r r, .M "" ? Note: Existing woo woo ; irrigation system vitt not be maintained 1 Iwoo too NORTH Not to scale Exhibit E List of parcels 05-05-440-002 05-05-443-008 05-05-442-012 05-05-440-003 05-05-443-007 05-05-444-002 05-05-440-004 05-05-443-006 05-05477-006 05-05-440-005 05-05-443-005 05-05-477-005 05-05-440-006 05-05-443-004 05-05477-004 05-05-440-007 05-05-443-003 05-05-477-003 05-05-440-008 05-05-443-002 05-05-477-002 05-05-440-009 05-05-443-001 05-05-477-001 05-05-440-010 05-05-441-008 05-05-444-006 05-05-440-011 05-05-441-009 05-05-444-005 05-05-440-012 05-05-441-010 05-05-444-004 05-05-440-013 05-05-441-011 05-05-444-003 05-05440-014 05-05441-012 05-05444-001 05-05-440-015 05-05441-001 05-05-330-001 05-05-440-016 05-05-441-002 05-05-330-002 05-05-440-017 05-05-441-003 05-05-440-001 05-05-440-019 05-05-441-004 05-05443-016 05-05-440-018 05-05-441-005 05-05-442-017 05-05-440-020 05-05441-006 05-05-442-016 05-05-440-021 05-05-441-007 05-05-442-015 05-05-440-022 05-05-442-091 05-05-442-014 05-05-440-023 05-05-442-010 05-05-442-013 05-05-475-001 05-05-442-009 05-05-443-013 05-05-475-002 05-05442-008 05-05-443-012 05-05-475-003 05-05-442-007 05-05-443-011 05-05-475-004 05-05-442-006 05-05-443-010 05-05-475-005 05-05-442-005 05-05-443-009 05-05475-006 05-05442-004 05-05442-025 05-05475-007 05-05442-003 05-05-442-024 05-05475-008 05-05442-002 05-05.442-023 05-05-475-009 05-05442-001 05-05-442-022 05-05-475-010 05-05-442-030 05-05-442-021 05-05475-011 05-05442-029 05-05442-020 05-05475-012 05-05442-028 05-05-442-019 05-05-475-013 05-05-442-027 05-05-442-018 05-05-475-014 05-05442-026 05-05-445-002 05-05475-015 05-05476-001 05-05-445-001 05-05475-016 0545476-002 05-05443-015 0545-475-017 05-05476-003 05-05-443-014 05-05475-018 05-05-445-004 05-05-475-019 05-05-445-003 5 CH12 664908,7 FROM :LANDMARK FORD FAX NO. :217 862 5316 Tan. 16 2007 12:11PM P2 c� ji STATE CONTRACT WXNNER PSD# 4013449 2007 EXPLORER 4 DOOR 4X4 XLT PACKAGE Gall LYLE SNOW (800) 798-9912 Email lylesnow@msn.com STANDARD PACKAGE $19,537.00 4.OL 6 CYL SOHO REAR DEFROSTER 5 SPEED AUTOMATIC OVERDRIVE INTERMITTENT WIPERS DUAL AIR BAGS TILT WHEEL 5 P235/70R16 TIRES ADVANCE TRAC POWER STEERING AIR CONDITIONER POWER BRAKES SPEED CONTROL 4 WHEEL DISC BRAKES W/ ANTI LOCK REMOTE KEYLESS ENTRY 650 CCA BATTERY POWER WINDOWS 130 AMP ALTERNATOR POWER LOCKS CLOTH FRONT BUCKET SEATS POWER MIRRORS FLOOR SHIFT & CONSOLE AM/FM RADIO SINGLE CD SPLIT REAR BENCH SEAT PRIVACY GLASS TINTED GLASS POWER POINT REAR WIPER & WASHER ROLL STABILITY CONTROL "YOU ALWAYS DO BETTER AT LANDMARK!" FACTORY ORDER CUT OFF DATE MAY 09, 2007 Explorer. Page I 2P,Li CIP United City of Yorkville ,2o Q - 'n County Seat of Kendall County 800 Game Farm Road esr ta3s Yorkville, Illinois, 60560 Telephone: 630-553-4350 9 =O Fax: 630-553-7575 SIE ,`,�? Website: www.yorkville.il.us February 14, 2007 TO: Art Prochaska, Mayor FROM: Anna B. Kurtzman, AICP SUBJECT: Chairman Davis Resignation& Harold Feltz Tribute The Zoning Board of Appeals asked that I forward two pieces of information to you to forward to the City Council. The first is that Chairman Bill Davis read a statement(reprinted below) announcing his resignation from Chairing the Zoning Board of Appeals. Secondly,the ZBA took a few moments to recall Harold Feltz,past chairman of both the ZBA and Plan Commission. Their thoughts, as specifically stated by Mr. Davis, are also reflected below. Chairman Davis Resignation statement: Due to our family's impending move out of city limits it is with regret that I will resign from my role as chairman and member effective March 20. I have enjoyed my role and the opportunity to be of service to the community of Yorkville. It has been my pleasure and honor to work with staff and the members of the boards and I would like to express my gratitude. I wish you and everyone in the City of Yorkville the very best for your continued success. Harold Feltz Tribute: Before we adjourn I would like to take a moment of remembrance to pay tribute to Mr. Harold Feltz our past chairman. Mr. Feltz served on this board from 1976-2006 with integrity and devotion to this community. His mentoring role thru the transitioning of chairman I will always greatly appreciate. He will be missed by his community. God Bless Him. /abk C: T.Miller,W.Dettmer Filename: CADocuments and Settings\Anna Kudzman\My DocumentsWorkville\Davis Resignation.doc MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL HELD IN THE CITY COUNCIL CHAMBERS, DRAFT 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 28.2006. Mayor Prochaska called the meeting to order at 7:10 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward H Burd Present(out of the room from 9:37 to 9:42 p.m.) Wolfer Present Ward III Bock Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell.City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Police Lieutenant Hart,Director of Public Works Dhuse,Director of Park&Recreation Mogle,Community Development Director Miller,Finance Director Mika and Public Relations Manger Spies. UORUM A quorum was established. PUBLIC HEARINGS Dr.Anthony Milazzo (PC 2006-76) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Dr. Anthony Milazzo petitioner,who 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. So moved by Alderman Bock;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Spears-aye,Burd-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Leslie;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Burd-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye 2006 Tax Levy Mayor Prochaska entertained a motion to go into public hearing for the purpose of the 2006 Tax Levy. So moved by Alderman Burd;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Bock-aye,Spears-aye,Burd-aye,James-aye,Wolfer-aye,Leslie-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye The Minutes of the Regular Meeting of the City Council—November 28,2006—nage 2 PRESENTATIONS Proclamation and Presentation of Medal of Recognition Identa Austin Mayor Prochaska read the proclamation for the Studs Terkel Humanity Service Award(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a viva voce vote. Mayor Prochaska and Jacquie Weirich,a representative of the Illinois Humanities Council and former recipient of the Studs Terkel Award,presented Identa Austin with the Studs Terkel Humanity Service Award and a certificate of recognition for her humanitarian efforts on the behalf of children and the elderly in Yorkville. Certificate of Appreciation Heather Fiala&Tammy Smock Mayor Prochaska and Director of Park&Recreation Mogle presented Heather Fiala with a plaque in recognition of her service as a Park Board member. Mayor Prochaska thanked her for her work in the acquisition of the Hoover Boy Scout camp,theme parks and water park. He noted that fellow Park Board member Tammy Smock was unable to attend. Swearing-in of Officer Shirley Kubicz Mayor Prochaska,Police Commissioner Bob Johnson and Lieutenant Hart swore in Shirley Kubicz as a patrol officer for the United City of Yorkville. Mayor Prochaska welcomed her to the City. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn the City Council meeting,to be reinstated at the end of the Special Committee of the Whole. So moved by Alderman Burd;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Meeting adjourned at 7:35 p.m.and the City Council returned to the Special Committee of the Whole meeting. RECONVENE Mayor Prochaska entertained a motion to reconvene the City Council meeting of Tuesday, November 28,2006. So moved by Alderman Bock;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye The City Council meeting was reconvened at 9:37 p.m. Alderman Burd was not present at the time of the vote. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted the following changes: o He would read the items that were placed on the Consent Agenda o Whispering Meadows Park Playground Equipment Purchase would be added to the Mayors Report o The five ordinances proposing the establishment of SSA's under the Mayor's Report have been removed from the agenda COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,December 19,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,December 19,2006 City of Yorkville Conference Room The Minutes of the Reeular Meeting of the City Council—November 28,2006—naEe 3 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 CITIZEN COMMENTS Todd Milliron,61 Cotswold Drive,stated he was curious to learn more about the SSA discussion and would like to hear from the developers. He stated that the developers worked with the City in good faith and were the prior chain of properties that were linked to those annexed for the landfill. He stated that he would like to know how these businessmen feel.He wondered if they felt betrayed and used as he does.He asked if any were present and if so,he asked them to tell the citizens how they feel. He went on to reiterate what the Mayor told residents at the September 25,2006 Plan Commission meeting regarding the annexations. He quoted from the Annexation Agreement regarding city assistance in applying for permits for the subject property,the owner contemplation of a landfill and the vacation of Sleepy Hollow Road. He accused Mayor Prochaska of lying to the public about a landfill and breeching public trust. He promised Mayor Prochaska that he would do everything in his power as a good citizen to derail the Mayor's "scheme". Ron Parrish,11571 Route 71,stated that things have moved faster than expected and questions have not been answered. He stated that what bothers him the most is the fairness of the situation. He questioned the rush toward a landfill. He explained that residents have formed a "corporation"to oppose the landfill and he has knocked on 1000 to 1500 doors and has found only three people who want it. He commented that if the City Council is interested in killing the town,they should approve the landfill. He asked that road conditions and dangers of a landfill be investigated. He asked the City Council to be fair. . Glen Poole,River's Edge Subdivision,stated that he has been attending the meetings for the landfill and he asked the City Council to do what is right and best for the city. CONSENT AGENDA Mayor Prochaska entertained a motion to approve the following list of items which were recommended for the Consent Agenda during the Committee of the Whole Special Meeting conducted earlier tonight,as presented to the Committee of the Whole and in the City Council packets and motion list. The following list references the agenda item number as stated in the City Council Agenda for this meeting and the tracking number: 1. Resolution 2006-103- Approving the Final Plat of Subdivision for Bristol Bay Unit 13- (EDC#3,PC 2006-70) 2. Resolution 2006-104- Approving the Final Plat of Subdivision for Grande Reserve Unit 22(EDC#4,PC 2006-73) 3. Resolution 2006-105- Approving the Final Plat of Subdivision for Caledonia Unit 2 (EDC#5,PC 2006-79) 4. Resolution 2006-106-Approving the Preliminary/Final Plat of Subdivision for Menard's Commercial Commons Fifth Addition (EDC#6,PC 2006-72) 5. Resolution 2006-107-Approving the Preliminary Plat of Subdivision for O'Keefe Subdivision(EDC#7,PC 2006-37) 6. Resolution 2006-108-Approving the Final Plat of Subdivision for O'Keefe Subdivision Unit 1(EDC#8,PC 2006-86) 7. Resolution 2006-109—Approving Agreement with Grainco FS,Inc.for Funding of Supplemental Site Investigation(EDC# 11,EDC 2006-31) 8. Resolution 2006-110—Approving Agreement with Farm Bureau for Funding of Supplemental Site Investigation(EDC#12,EDC 2006-32) 9. Grande Reserve Units 2&5-Letter of Credit Expiration(PW#7,PW 2006-193) 10. Grande Reserve Units 12&13-Letter of Credit Expiration(PW#8,PW 2006-194) 11. Grande Reserve Units 12-Letter of Credit Expiration(PW#9,PW 2006-195) 12. Grande Reserve Units 13-Letter of Credit Expiration(PW#10,PW 2006-196) 13. Caledonia Phase 1—Sitework Letter of Credit Reduction#1(PW#11,PW 2006-197) 14. Caledonia Phase 2—Sitework Letter of Credit Reduction#1(PW#12,PW 2006-198) 15. Countryside Parkway(E.Kendall to Center)-Change Order#1 (PW#13,PW 2006-199) 16. Rob Roy Creek Interceptor(North Branch Contract 1)-Change Order#1 (PW#14,PW 2006-200) 17. Kylyn's Ridge Subdivision(Phases 1 &2)—Final Acceptance and Line of Credit Reductions(PW#15,PW 2006-201) The Minutes of the Regular Meeting of the Citv Council—November 28,2006—page 4 18. Fountain Village of Yorkville—IDOT Letter of Understanding(PW#16,PW 2006-202) 19. Gawne Lane Watermain Extension—Easement(PW#17,PW 2006-203) 20. US Postal Service-Plat of Easement (PW#18,PW 2006-204) 21. Engineering Enterprises Inc.(EEI)Engineering Services Agreement for Comeils Road Reconstruction(PW#21,PW 2006-207) 22. Resolution 2006-111—IDOT Highway Permit and Resolution-Kendall Marketplace(Off- Site Storm Sewer)(PW#22,PW 2006-208) 23. Ordinance 2006-136—Amending,Repealing and Restating Ordinance 2004-54 United City of Yorkville Landscape Ordinance(Title 8,Building Regulations,Chapter 12 Landscape Ordinance)(PW#23,PW 2006-164) 24. Ordinance 2006-137—Amending City Code Title 10—Zoning,Chapter 11—Off Street parking and Loading Section 3;Off Street Parking Regulations and Requirements(PW #24,PW 2006-19) 25. Water Department Report for August 2006(PW#4,PW2006-190) 26. Water Department Report for September 2006(PW#5,PW2006-191) 27. Water Department Report for October 2006(PW#6,PW2006-192) So moved by Alderman Leslie;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of November 14,2006,Special City Council meeting of November 27,2006 and the Committee of the Whole meeting of August 1,2006;seconded by Alderman Wolfer. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated November 14,2006 totaling the following amounts:checks in the amount of $997,227.84(vendors);$212,257.23(payroll period ending 11/11/06);for a total of $1,209,485.07(total); seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye,Burd-aye REPORTS MAYOR'S REPORT Tax Levy (ADM 2006-81) Mayor Prochaska reported that this item was placed on the agenda in error. Whispering Meadows Park Playground Equipment Purchase Mayor Prochaska entertained a motion to approve the purchase of playground equipment for Whispering Meadows Park in the amount of$105,033.00,as presented. So moved by Alderman Leslie;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. The Minutes of the Regular Meetine of the City Council—November 28,2006—page 5 CITY ADMINISTATOR'S REPORT Administrator Crois reported that there was an article quoting him in the newspaper in relation to electric rates. He stated that this topic is being reviewed by staff and will be presented to the Administration Committee at the December COW meeting. Alderman Burd asked why Yorkville has not joined a group,as other municipalities have,in order to negotiate rates. Administrator Crois explained that staff has met with various groups,there are several options under evaluation and the information gathered will be presented to the City Council. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CLEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY&LIAISON REPORT KenCom Meetings Alderman Spears reported that she attended the KenCom Executive Board meeting on November 16,2006 where the emergency response system was discussed. The system will be able to have a complete callout to each telephone line(28,000)in the county with a recorded message for emergency situations such as missing children,emergency boil orders,etc. The fee for the one- year contract is$25,000.00 and training hours are free. KenCom can choose specific areas for a callout and cell phone numbers can be added to the system. The Board discussed the software cost for the program. There was also a discussion about selecting a new KenCom director,three candidates were interviewed by the Operations Board and an offer will be made to the individual that was recommended. The Board also reviewed the original Intergovernmental Agreement, from 1990,which created the Kendall County Emergency Phone Service and Communications Board. The original agreement is in need of major revisions and updates which when completed will be submitted for the City Council review and approval. Alderman Spears also reported that the Board held a special meeting on November 27,2006 to approve the recommendation of the Operations Board for a new director. KenCom will be making the official announcement soon. School Board Meeting Alderman Burd reported that she attended the School Board meeting on November 27,2006 where they voted to have their attorney draft a letter to be presented to the judge hearing the Yorkville Marketplace case. The letter will give the judge information as to how much the School District will lose in tax revenue if Kendall Marketplace is stopped. They also discussed problems with their auditor who is in breech of contract because the audit has not been preformed this year. The School District received an extension and has contracted with another firm. A presentation was also given by three school librarians on learning and teaching components from Linking from Learning—the Illinois School Library Media Program Guidelines. They explained that for twelve years the School District has been getting a grant of$.75/student from the state. In order to continue receiving the grant,they need to make a report to the School Board as to how they are progressing with the learning components in the library. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT In-Town Road Program Phase 2—Construction Engineering Services (PW 2006-206) A motion was made by Alderman Besco to approve two contracts for Construction,Observation and Staking services with Smith Engineering for the 2007 In-Town Road Program. One a Utility Contract and the other a Roadway Contract as presented contingent on confirmation of rates; seconded by Alderman Wolfer. The Minutes of the Regular Meeting of the City Council—November 28.2006—mage 6 Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-138 Towns at Windett Ridge-Authorizing Execution of Annexation and Planned Unit Development Agreement A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement with Wiseman-Hughes Enterprises,Inc.,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Spears. Alderman Leslie expressed his concern with the density of the development. There was brief discussion regarding the density of this development as well as similar ones in the City and the direction given to the developers by the City Council and staff. Motion approved by a roll call vote. Ayes-6 Nays-1 Burd-aye,Spears-aye,Bock-aye,Besco-ay,Leslie-nay,Wolfer-aye,James-aye Ordinance 2006-139 Towns at Windett Ridge-Annexing A motion was made by Alderman Burd to approve an ordinance annexing territory commonly referred to as The Towns at Windett Ridge Subdivision in furtherance of an Annexation and Planned Unit Development Agreement with Wiseman-Hughes Enterprises,Inc.,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-1 Spears-aye,Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye,James-aye,Burd-aye Ordinance 2006-140 Towns at Windett Ridge-Rezoning A motion was made by Alderman Burd to approve an ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with Wiseman-Hughes Enterprises,Inc.for and area commonly known as Windett Ridge Subdivision,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-1 Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye,James-aye,Burd-aye,Spears-aye Resolution 2006-112 Towns at Windett Ridge-Approving the Concept PUD Plan A motion was made by Alderman Burd to approve a resolution approving the Concept PUD Plan for The Towns at Windett Ridge,as presented,subject to staff review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-1 Besco-aye,Leslie-nay,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Resolution 2006-113 Towns at Windett Ridge-Approving the Preliminary PUD Plan A motion was made by Alderman Burd to approve a resolution approving the Preliminary PUD Plan for The Towns at Windett Ridge,as presented,subject to staff review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-1 Leslie-nay,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Scope of Service for School Site Study A motion was made by Alderman Burd to approve an updated School Site Study and funding for the study in the amount no to exceed$18,000.00,as presented;seconded by Alderman Spears. Mayor Prochaska noted that it was discussed at the COW meeting that the engineers were going to be asked to waive incidentals. Alderman Spears withdrew her second and Alderman Burd withdrew the motion. A motion was made by Alderman Burd to approve an updated School Site Study and funding for the study in the amount no to exceed$18,000.00;seconded by Alderman Leslie. The Minutes of the Reeular Meetine of the City Council—November 28,2006—yaee 7 Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session for the purpose of discussing: o For the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity o 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. He asked that the City Clerk Milschewski. City Administrator Crois, City Attorney Wyeth, Director of Park&Recreation Mogle and Attorney Mike Bersani be included in the session. He noted that no action would be taken after the session. So moved by Alderman Leslie;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye,Burd-aye,James-aye Executive Session was entered at 10:24 p.m. The City Council returned to regular session at 11:28 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 11:28 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on November 28 , 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS, Alderman; 8 MR . JAMES BOCK, Alderman; 9 MR. JOSEPH BESCO, Alderman; 10 MS . ROSE ANN SPEARS, Alderman; 11 MR. JOHN CROIS, City Administrator; 12 MR. WILLIAM POWELL, City Treasurer; 13 MR. TRAVIS MILLER, Community Development 14 Director; 15 MS . JACQUELYN MILSCHEWSKI , City Clerk. 16 17 A P P E A R A N C E S : 18 BY : MR . JOHN JUSTIN WYETH, appeared on behalf of the United 19 City of Yorkville, Illinois . 20 21 - - - - - 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 ( Pledge of Allegiance) 2 MAYOR PROCHASKA: I ' d entertain a 3 motion to go into public hearing for discussion 4 of PC 2006-76 , Dr . Anthony Milazzo, petitioner, 5 has filed an application with the United City of 6 Yorkville, Kendall County, Illinois , requesting 7 annexation to the United City of Yorkville and 8 rezoning from Kendall County A-1 Agricultural 9 District to United City of Yorkville B-3 Service 10 Business District and for hearing as to the 11 annexation agreement of the petitioner . 12 The real property consists of 13 approximately two acres located at 10701 14 Route 71 , Yorkville, Kendall County, Illinois . 15 MR . BOCK : So moved . 16 MS . SPEARS : Second . 17 MAYOR PROCHASKA: Moved and 18 seconded . May I have roll call, please? 19 MS . MILSCHEWSKI : Bock . 20 MR . BOCK: Aye . 21 MS . MILSCHEWSKI : Spears . 22 MS . SPEARS : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD : Aye . Depo Court Reporting Service(630) 983-0030 4 1 MS . MILSCHEWSKI : Munns . 2 (No Response ) 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR. WOLFER: Aye . 7 MS . MILSCHEWSKI : Leslie . 8 MR. LESLIE : Aye . 9 MS . MILSCHEWSKI : Besco . 10 MR. BESCO: Aye . 11 MAYOR PROCHASKA: Motion is carried. 12 We are now in public hearing . 13 WHEREUPON : 14 DANIEL J. KRAMER, 15 testified before the Yorkville City Council as 16 follows : 17 MR. KRAMER: Good evening , Mayor and 18 Council . My name for the record is Daniel J. 19 Kramer . My address is 1107A South Bridge Street, 20 Yorkville, Illinois . 21 I am an attorney licensed to 22 practice law in the State of Illinois, and 23 representing the petitioner, Anthony Milazzo . 24 And the actual name of the Depo Court Reporting Service (630) 983-0030 5 1 property it ' s held is in Otis, O-T-I-S , Property 2 Management, LLC . 3 This property, again , we went 4 through public hearing a few weeks ago at Plan 5 Commission . It ' s the old D & H Agricultural 6 Center site out on Route 71 across from Harris 7 Forest Preserve just before you get to Legion 8 Road. 9 It ' s kind of bracketed on two 10 sides ; on the south side there is some huge grain 11 silos and a drying operation that ' s still very 12 active . 13 The north side, the gentleman 14 that you had an annexation petition a few months 15 ago, Dan Laniosz, I know he ' s gone through all of 16 his hearings , Travis has told me that maybe it ' s 17 changed, the annexation hasn ' t been recorded yet , 18 but again, we would be contiguous with that 19 property and across the street . 20 Tony is proposing to develop 21 the property as B-3 . He looks to try and do -- 22 believe it or not -- a sit-down type restaurant 23 he ' d like to do there . 24 The concept plan that we have Depo Court Reporting Service (630) 983-0030 6 1 shows all the parking that ' s required under the 2 City ordinance . 3 Travis had asked us to do some 4 cross easements behind the building so the other 5 property owners , the commercials on either side 6 of us , could connect , and that was really the 7 only oddity to it at all . 8 Hopefully it ' s a good tax 9 generator for the City. It ' s commercial and 10 brings a piece that ' s not been in the City into 11 the City . 12 So we ' ll be happy to answer any 13 questions about the agreement . The concept plan 14 is pretty vanilla at this point . 15 MAYOR PROCHASKA: Does anybody from 16 the audience have any comments or testimony that 17 they ' d like to give on this public hearing? 18 (No response) 19 MAYOR PROCHASKA: Hearing none, is 20 there any comments from the Council? 21 (No response) 22 MAYOR PROCHASKA: Hearing none, I ' d 23 entertain a motion to close this public hearing . 24 MS . BURD: So moved . Depo Court Reporting Service (630) 983-0030 7 1 MS . SPEARS : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . May I have roll call, please? 4 MS . MILSCHEWSKI : Spears . 5 MS . SPEARS : Aye . 6 MS . MILSCHEWSKI : Burd . 7 MS . BURD: Aye . 8 MS . MILSCHEWSKI : James . 9 MR. JAMES : Aye . 10 MS . MILSCHEWSKI : Wolfer . 11 MR. WOLFER : Aye . 12 MS . MILSCHEWSKI : Leslie . 13 MR. LESLIE : Aye . 14 MS . MILSCHEWSKI : Besco . 15 MR. BESCO: Aye . 16 MS . MILSCHEWSKI : Bock . 17 MR. BOCK : Aye . 18 MAYOR PROCHASKA: Motion is carried. 19 MR. KRAMER : Thank you very much 20 ladies and gentlemen . 21 MAYOR PROCHASKA: Next I would 22 entertain a motion to go into public hearing for 23 the purpose of discussing the 2006 levy. 24 MS . BURD : So moved. Depo Court Reporting Service (630) 983-0030 8 1 MR. LESLIE : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . May I have comment -- May I have roll 4 call, please? 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MS . MILSCHEWSKI : Bock . 8 MR. BOCK: Aye . 9 MS . MILSCHEWSKI : Spears . 10 MS . SPEARS : Aye . 11 MS . MILSCHEWSKI : Burd . 12 MS . BURD : Aye . 13 MS . MILSCHEWSKI : James . 14 MR. JAMES : Aye . 15 MS . MILSCHEWSKI : Wolfer . 16 MR. WOLFER : Aye . 17 MS . MILSCHEWSKI : Leslie . 18 MR. LESLIE : Aye . 19 MAYOR PROCHASKA: Motion is carried . 20 We are now in public hearing . Who here is 21 speaking on the levy? Would that be you, Bart? 22 WHEREUPON : 23 BART OLSON, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983-0030 9 1 follows : 2 MR . OLSON : I can . Bart Olson, 3 Assistant City Administrator . This is the same 4 presentation I gave you the other night . 5 We did carry the limiting rate 6 based on the state statute, and after we 7 calculated the limiting rate , we actually came up 8 with a tax rate which is in front of you in the 9 memo . It ' s the same one that was two weeks ago . 10 The limiting rate for this year 11 came out to be 0 . 5808 , and that rate actually 12 based on an average reassessment decreases 13 somebody ' s property taxes for the City portion 14 about six dollars . 15 So normally on a year-to-year 16 basis we present you with two options, one that 17 is the limiting rate and one that is slightly 18 lower that keeps the average person ' s 19 reassessment rate for the City portion at zero, 20 and this year we didn ' t have to do that , so we 21 presented it at the last COW meeting, the 22 limiting rate, and didn ' t have many comments or 23 questions on it at that time, but . . . 24 MAYOR PROCHASKA: Can you restate Depo Court Reporting Service(630) 983-0030 10 1 that rate and also the dollar amount , please? 2 MR. OLSON : The limiting rate is 3 0 . 5808 , and the other rate is actually -- 0 . 5808 4 on a total City-wide EAV of $ 418 , 644 , 298 , and all 5 of that put together comes out to a City levy of 6 $2 , 431 , 375 . 94 . 7 MAYOR PROCHASKA: That ' s what we 8 would be proposing for a levy? 9 MR. OLSON : Correct . 10 MAYOR PROCHASKA: Now, does that 11 levy -- that levy includes the amount for the 12 operation of the library, but that does not 13 include the levy -- 14 MR. OLSON : Correct . 15 MAYOR PROCHASKA: -- for the library 16 building, which was a separate ordinance . 17 MR. OLSON : Correct . 18 MAYOR PROCHASKA: And do we know 19 what that amount is for this year ' s levy, 321 -- 20 MS . MIKA: For next year about 21 $321 , 000 . 22 MS . BURD : I have a question . 23 What ' s this year, it included construction? 24 MS . MIKA: Well , this year you are Depo Court Reporting Service (630) 983-0030 11 1 including a little over a year ' s worth of 2 interest payments . Next year it ' s going to be 12 3 months . 4 MAYOR PROCHASKA: Because the loan 5 was taken out for construction longer than a 6 year . 7 Mr . CROIS : In looking at the 8 structure of the payments in the first year, I 9 think that they are correct, it ' s probably more 10 than 12 months , it ' s the 400 figure that drops to 11 three, but from there on down for the rest of it , 12 it continues to increase . 13 My guess would be that they 14 were anticipating as the time -- as the community 15 grew that the EAV would grow and, therefore, they 16 kind of loaded some higher payments near the end 17 where you ' d have a higher EAV, which would be 18 spread over more people and over more EAV to have 19 the person pay less , so I think that if you look 20 at it , the interest schedule is not the same 21 amount every year . 22 It starts at three and down in 23 the end years it ' s gone up to about 700, 000, so I 24 think it was back-end loaded to spread over a Depo Court Reporting Service (630) 983-0030 12 1 larger EAV and keep the amount that the homeowner 2 is paying down . 3 MAYOR PROCHASKA: At this time I ' d 4 like to open the floor to any resident who would 5 have any comments or questions on the proposed 6 levy. 7 (No response) 8 MAYOR PROCHASKA: Hearing none, is 9 there any further comment from anyone on the 10 Council? 11 MR. CROIS : I think I -- I think we 12 may need to make one more comment for the public . 13 John Crois, City Administrator . 14 The amount that was in the notice is the amount 15 that Bart mentioned to you, okay? 16 After we had published the 17 notice and had calculated that, we found out that 18 of the number of CPI ' s that there are, and there 19 are a number of them, we could have used the CPI 20 for the national, for the whole country, rather 21 than the CPI for the Chicago region . Okay? 22 That would generate about 23 $7 , 000 more in the levy, so that when this comes 24 back to you for your final vote, we will have two Depo Court Reporting Service (630) 983-0030 13 1 options for you, one would be based upon the CPI 2 for urban consumers for the Chicago region, the 3 other being the CPI for all urban consumers for 4 the whole nation . 5 There is about a difference of 6 about $7 , 000 , and we will explain to you some 7 options related to if you were to choose to go 8 with the higher levy, that is possible, then 9 there are some other things we need to do, but 10 just for the record, when this is discussed, 11 there will be two numbers that we will be 12 discussing and Council will have a choice at that 13 point to choose which one you would like to go 14 with at the final time . 15 MAYOR PROCHASKA: The only question 16 I have then if we use this other number, we are 17 still below the -- 18 MR. CROIS : Yes . 19 MAYOR PROCHASKA: A decrease . 20 MR. OLSON : It ends up decreasing 21 from about $ 6 to about $5 in average reassessment 22 for the City portion . 23 MAYOR PROCHASKA: And the average is 24 based on what percentage of the assessment? Depo Court Reporting Service (630) 983-0030 14 1 MR. OLSON : An 11 percent 2 reassessment . 3 MAYOR PROCHASKA: Is that the 4 County -- Is that a number that the County gave 5 you back and forth? 6 MR . OLSON : Yes . 7 MAYOR PROCHASKA: Because I know in 8 my neighborhood -- and I don ' t know about all the 9 rest of you -- that my assessment and what I ' m 10 hearing, average reassessments are closer to 11 about 15 percent, so just maybe want to have us 12 check that number . 13 Anyone else? Yes . 14 MS . BURD: Have we decided or have 15 we discovered how we ' re going to fund that 16 shortfall for the library district? 17 MR. CROIS : I will defer to the 18 attorney . 19 MR. WYETH : Yes, Alderman Burd. As 20 I approached you two weeks ago and investigated 21 that, I think bond counsel just today in draft 22 resolution -- I should say ordinance, a 23 supplemental levy was reviewed by Mr . Anderson 24 and our funding clerk and it was ready to come Depo Court Reporting Service (630) 983-0030 15 1 before you next week, it would return the amount 2 that was to be extended last year to the levy for 3 this year . 4 MR. LESLIE : That will be a 5 supplemental levy? 6 MR. WYETH : That ' s correct, it will 7 be separate documents . 8 MR . LESLIE : Separate documents . 9 And in the citizen ' s tax bill , too, then? 10 MR. WYETH : No, that will come under 11 the same general City levy line item. I will 12 doublecheck that . 13 MR. LESLIE : But they will be 14 writing the check -- they will be paying that and 15 be caught up? 16 MR. WYETH : That ' s correct . 17 MAYOR PROCHASKA: The one thing that 18 does happen with the levy now is that amount is 19 the Muni B rate, which is 40 percent higher than 20 last year . 21 MR. OLSON : A little bit less than 22 that, but yes , 35 . 23 MAYOR PROCHASKA: 35 , but it is 24 levied against the new EAV ' s , so that -- Depo Court Reporting Service (630) 983-0030 16 1 MS . BURD : More money? 2 MAYOR PROCHASKA: No, less , because 3 the final amount of money can ' t change , that has 4 to be the same, but it ' s now being compared 5 against a higher EAV. 6 MS . BURD : Will be less , okay . 7 MAYOR PROCHASKA: Any other comments 8 or questions? Yes , sir . 9 WHEREUPON : 10 TODD MILLIRON, 11 testified before the Yorkville City Council as 12 follows : 13 MR. MILLIRON : On that supplemental 14 levy, do I understand that it ' s basically the 15 citizens of Yorkville would be paying the library 16 part of that twice in one year for last year and 17 this year? 18 MR . WYETH : Your Honor, the amount 19 that would be paid via the submittal, that means 20 the amount that the citizens did not have to pay 21 last year . 22 MAYOR PROCHASKA: The answer would 23 be yes . 24 MR. MILLIRON : So you ' re going to Depo Court Reporting Service(630) 983-0030 17 1 collect it all in one year for two years . 2 MAYOR PROCHASKA: I believe that ' s 3 the way we have to do it because we did ask that . 4 MR . PARISH : Probably going to be in 5 the City -- 6 MAYOR PROCHASKA: Can you state your 7 name? 8 MR . PARISH : Ron Parish . 9 WHEREUPON : 10 RON PARISH, 11 testified before the Yorkville City Council as 12 follows : 13 MAYOR PROCHASKA: That ' s okay, yes . 14 MR . PARISH : Probably going to be 15 annexed in the City eventually, and I guess my 16 question is on the future value of the money that 17 you are talking about , and you are talking about 18 prolonging it out , how much is the cost -- what 19 is the cost of the borrowing that money and 20 moving .it into the future and moving the plans? 21 MAYOR PROCHASKA: The interest rate, 22 is that what you ' re asking? 23 MR . PARISH : The interest rate . 24 Talking about moving it into the future and Depo Court Reporting Service (630) 983-0030 18 1 paying less now, what would be the total dollars 2 that we are actually costing the City by moving? 3 MR. CROIS : Okay . We ' re not taking 4 action of moving it, that ' s the way the 5 interest -- the interest and principal payment 6 schedule was structured. 7 MR. PARISH : Right . And in 8 structuring it that way, how much did it cost? 9 MR. CROIS : That we ' d have to go 10 back and look at . I was not here when the 11 structuring was done . 12 MR. PARISH : But that would be 13 substantial if we moved it to a small payment now 14 versus a large payment until the end . 15 MAYOR PROCHASKA: I believe it ' s a 16 graduated payment, and the reason that ' s done 17 is -- and we ' ve seen that in areas of growth, 18 because as new growth comes , the theory is then 19 that new residents help pay more of it so that 20 the residents living here don ' t pay all that 21 costing up front, and then it ends up going down . 22 As the EAV increases , the 23 amount of dollars -- if you set the amount of 24 dollars what happens is the new -- the existing Depo Court Reporting Service (630) 983-0030 19 1 residents today pay a bigger amount now than what 2 they do years down the road when new people come 3 in and new people take advantage of the fact that 4 things are cheaper, while the people living here 5 today are paying more, so what they do, I believe 6 the theory is it ' s graduated so that as growth 7 happens , new people coming in pay the same as the 8 people living here . 9 MR . PARISH : I understand the 10 theory, I was just wondering if the theory 11 actually paid out . 12 MAYOR PROCHASKA : I guess I can ' t 13 answer that question . 14 MR . CROIS : We will look into it for 15 you . 16 MAYOR PROCHASKA: Okay . Anyone 17 else? 18 (No Response) 19 MAYOR PROCHASKA: Then I would 20 entertain a motion to close this public hearing . 21 MS . BURD : So moved . 22 MR. BOCK : Second. 23 MAYOR PROCHASKA: Moved and 24 seconded . May I have roll call, please? Depo Court Reporting Service (630) 983-0030 20 1 MS . MILSCHEWSKI : Burd . 2 MS . BURD : Aye . 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR. WOLFER : Aye . 7 MS . MILSCHEWSKI : Leslie . 8 MR. LESLIE : Aye . 9 MS . MILSCHEWSKI : Besco . 10 MR. BESCO : Aye . 11 MS . MILSCHEWSKI : Bock . 12 MR. BOCK: Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MAYOR PROCHASKA: Motion is carried. 16 Okay. Thank you very much . 17 (Which were all the 18 proceedings had in 19 the public hearings . ) 20 ---000--- 21 22 23 24 Depo Court Reporting Service (630) 983-0030 21 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this Z&/)day of 16 2006 . 17 18 19 20 CH ISTINE M . VITOSH, C . S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 November 28, 2006 22 $2,431,375.94 10:6, aforesaid 21:14 carried 4:11, 7:18, 10:6, 10:6, 10:6 ago 5:4, 5:15, 9:9, < B > 8:19, 20:15 $321,000 10:21, 14:20 B-3 3:9, 5:21 carry 9:5 10:21 agreement 3:11, back 12:24, 14:5, caught 15:15 $418,644,29 10:4, 6:13 18:10 Center 5:6 10:4, 10:4 Agricultural 3:8, 5:5 back-end 11:24 Certified 21:7 $5 13:21 Alderman 2:3, 2:4, Bart 8:21, 8:23, 9:2, change 16:3 $6 13:21 2:5, 2:6, 2:7, 2:8, 2:9, 12:15 changed 5:17 $7,00 13:6, 13:6 2:10, 14:19 based 9:6, 9:12, cheaper 19:4 $7,000 12:23, 12:23 Allegiance 3:1 13:1, 13:24 check 14:12, 15:14 ---oOo--- 20:20 amount 10:1, 10:11, basically 16:14 Chicago 12:21, 13:2 0.580 9:11, 10:3 10:19, 11:21, 12:1, basis 9:16 choice 13:12 0.5808 10:3 12:14, 12:14, 15:1, behalf 2:19 choose 13:7, 13:13 084-002883 21:24 15:18, 16:3, 16:18, behind 6:4 CHRISTINE 1:8, 10701 3:13 16:20, 18:23, 18:23, believe 5:22, 17:2, 21:6, 21:23 11 14:1 19:1 18:15, 19:5 citizen 15:9 1107A 4:19 Anderson 14:23 below 13:17 citizens 16:15, 16:20 12 11:2, 11:10 ANN 2:10 BESCO 2:9, 4:9, City 1:1, 1:2, 1:10, 15 14:11 annexation 3:7, 4:10, 7:14, 7:15, 8:5, 2:11, 2:12, 2:15, 2006 7:23 3:11, 5:14, 5:17 8:6, 20:9, 20:10 2:20, 3:5, 3:7, 3:9, 2006-7 3:4 annexed 17:15 bigger 19:1 4:15, 6:2, 6:9, 6:10, 2006. 21:18 answer 6:12, 16:22, bill 15:9 6:11, 8:24, 9:3, 9:13, 3 15:23 19:13 bit 15:21 9:19, 10:5, 12:13, 321 10:19 Anthony 3:4, 4:23 BOCK 2:8, 3:15, 13:22, 15:11, 16:11, 35. 15:22 anticipating 11:14 3:19, 3:20, 7:16, 17:5, 17:11, 17:15, 40 15:19 anybody 6:15 7:17, 8:7, 8:8, 19:22, 18:2 400 11:10 appeared 2:19 20:11, 20:12 City-wide 10:4 7 3:14 application 3:5 bond 14:21 Clerk 2:15, 14:24 700,00 11:23, 11:23 approached 14:20 borrowing 17:19 close 6:23, 19:20 71 5:6 approximately 3:13 bracketed 5:9 closer 14:10 7:00 1:9, 1:9 areas 18:17 Bridge 4:19 collect 17:1 800 1:9 ARTHUR 2:2 brings 6:10 comes 10:5, 12:23, assessment 13:24, building 6:4, 10:16 18:18 14:9 BURD 2:5, 3:23, coming 19:7 <A> Assistant 9:3 3:24, 6:24, 7:6, 7:7, comment 8:3, 12:9, A-1 3:8 attorney 4:21, 14:18 7:24, 8:11, 8:12, 12:12 above-entitled 1:7 audience 6:16 10:22, 14:14, 14:19, comments 6:16, acres 3:13 average 9:12, 9:18, 16:1, 16:6, 19:21, 6:20, 9:22, 12:5, 16:7 across 5:6, 5:19 13:21, 13:23, 14:10 20:1, 20:2 commercial 6:9 action 18:4 Aye 3:20, 3:22, 3:24, Business 3:10, 21:8 commercials 6:5 active 5:12 4:4, 4:6, 4:8, 4:10, Commission 5:5 actual 4:24 7:5, 7:7, 7:9, 7:11, Community 2:13, actually 9:7, 9:11, 7:13, 7:15, 7:17, 8:6, < C > 11:14 10:3, 18:2, 19:11 8:8, 8:10, 8:12, 8:14, C.S.R. 1:8, 21:23 compared 16:4 address 4:19 8:16, 8:18, 20:2, calculated 9:7, concept 5:24, 6:13 Administrator 2:11, 20:4, 20:6, 20:8, 12:17 connect 6:6 9:3, 12:13 20:10, 20:12, 20:14 call 3:18, 7:3, 8:4, consists 3:12 advantage 19:3 19:24 construction 10:23, Depo Court Reporting Service (630) 983-0030 November 28, 2006 23 11:5 13:12 floor 12:4 held 5:1 consumers 13:2, discussion 3:3 follows 4:16, 9:1, help 18:19 13:3 District 3:9, 3:10, 16:12, 17:12 hereunto 21:16 contains 21:14 14:16 foregoing 21:11, higher 11:16, 11:17, contiguous 5:18 documents 15:7, 21:12 13:8, 15:19, 16:5 continues 11:12 15:8 Forest 5:7 homeowner 12:1 Correct 10:9, 10:14, doing 21:8 forth 14:5 Honor 16:18 10:17, 11:9, 15:6, dollar 10:1 found 12:17 Hopefully 6:8 15:16, 21:13 dollars 9:14, 18:1, front 9:8, 18:21 hour 1:9 cost 17:18, 17:19, 18:23, 18:24 fund 14:15 huge 5:10 18:8 done 18:11, 18:16 funding 14:24 costing 18:2, 18:21 doublecheck 15:12 future 17:16, 17:20, Council 1:1, 4:15, down 11:11, 11:22, 17:24 < I > 4:18, 6:20, 8:24, 12:2, 18:21, 19:2 Illinois 1:2, 1:10, 12:10, 13:12, 16:11, draft 14:21 2:20, 3:6, 3:14, 4:20, 17:11 drops 11:10 < G > 4:22, 21:1, 21:9 counsel 14:21 drying 5:11 Game 1:9 include 10:13 country 12:20 duly 21:6 gave 9:4, 14:4 included 10:23 COUNTY 3:6, 3:8, general 15:11 includes 10:11 3:14, 14:4, 14:4, 21:3 generate 12:22 including 11:1 COW 9:21 < E > generator 6:9 increase 11:12 CPI 12:18, 12:19, easements 6:4 gentleman 5:13 increases 18:22 12:21, 13:1, 13:3 EAV 10:4, 11:15, gentlemen 7:20 interest 11:2, 11:20, CROIS 2:11, 11:7, 11:17, 11:18, 12:1, give 6:17 17:21, 17:23, 18:5, 12:11, 12:13, 13:18, 15:24, 16:5, 18:22 graduated 18:16, 18:5 14:17, 18:3, 18:9, either 6:5 19:6 investigated 14:20 19:14 end 11:16, 11:23, grain 5:10 item 15:11 cross 6:4 18:14 grew 11:15 CSR 21:24 ends 13:20, 18:21 grow 11:15 entertain 3:2, 6:23, growth 18:17, 18:18, < J > 7:22, 19:20 19:6 J. 4:14, 4:18 < D > evening 4:17 guess 11:13, 17:15, JACQUELYN 2:15 Dan 5:15 eventually 17:15 19:12 JAMES 2:3, 2:8, 4:3, Daniel 4:14, 4:18 existing 18:24 4:4, 7:8, 7:9, 8:13, day 21:17 explain 13:6 8:14, 20:3, 20:4 DEAN 2:6 extended 15:2 < H > JASON 2:4 decided 14:14 hand 21:17 John 2:11, 2:18, decrease 13:19 happen 15:18 12:13 decreases 9:12 < F > happens 18:24, 19:7 JOSEPH 2:9 decreasing 13:20 F. 2:2 happy 6:12 JUSTIN 2:18 defer 14:17 fact 19:3 Harris 5:6 develop 5:20 Farm 1:9 Hearing 3:3, 3:10, Development 2:13 few 5:4, 5:14 4:12, 5:4, 6:17, 6:19, < K > difference 13:5 figure 11:10 6:22, 6:23, 7:22, keep 12:1 Director 2:14 filed 3:5 8:20, 12:8, 14:10, keeps 9:18 discovered 14:15 final 12:24, 13:14, 19:20, 21:11, 21:15 Kendall 3:6, 3:8, discussed 13:10 16:3 hearings 5:16 3:14 discussing 7:23, first 11:8, 21:6 hearings. 20:19 kind 5:9, 11:16 Depo Court Reporting Service(630) 983-0030 November 28, 2006 24 KRAMER 4:14, 4:17, near 11:16 < P > 4:19, 7:19 < M > need 12:12, 13:9 P.M. 1:9 M. 1:8, 21:6, 21:23 neighborhood 14:8 paid 16:19, 19:11 Management 5:2 new 15:24, 18:18, PARISH 17:4, 17:8, < L > MARTY 2:7 18:19, 18:24, 19:2, 17:8, 17:10, 17:14, ladies 7:20 matter 1:7 19:3, 19:7 17:23, 18:7, 18:12, Laniosz 5:15 means 16:19 Next 7:21, 10:20, 19:9 large 18:14 MEETING 1:1, 1:6, 11:2, 15:1 parking 6:1 larger 12:1 9:21 night 9:4 part 16:16 LASALLE 21:3 memo 9:9 No. 21:24 PAUL 2:3 last 9:21, 15:2, mentioned 12:15 none 6:19, 6:22, pay 11:19, 16:20, 15:20, 16:16, 16:21 MIKA 10:20, 10:24 12:8 18:19, 18:20, 19:1, law 4:22 Milazzo 3:4, 4:23 normally 9:15 19:7 Legion 5:7 MILLER 2:13 north 5:13 paying 12:2, 15:14, LESLIE 2:4, 4:7, 4:8, MILLIRON 16:10, notes 21:13 16:15, 18:1, 19:5 7:12, 7:13, 8:1, 8:17, 16:13, 16:24 notice 12:14, 12:17 payment 18:5, 8:18, 15:4, 15:8, MILSCHEWSKI number 12:18, 18:13, 18:14, 18:16 15:13, 20:7, 20:8 2:15, 3:19, 3:21, 12:19, 13:16, 14:4, payments 11:2, 11:8, less 11:19, 15:21, 3:23, 4:1, 4:3, 4:5, 14:12 11:16 16:2, 16:6, 18:1 4:7, 4:9, 7:4, 7:6, 7:8, numbers 13:11 PC 3:4 levied 15:24 7:10, 7:12, 7:14, people 11:18, 19:2, levy 7:23, 8:21, 10:5, 7:16, 8:5, 8:7, 8:9, 19:3, 19:4, 19:7, 19:8 10:8, 10:11, 10:11, 8:11, 8:13, 8:15, < O > percent 14:1, 14:11, 10:13, 10:19, 12:6, 8:17, 20:1, 20:3, O-T-I-S 5:1 15:19 12:23, 13:8, 14:23, 20:5, 20:7, 20:9, oath 21:7 percentage 13:24 15:2, 15:5, 15:11, 20:11, 20:13 oddity 6:7 person 9:18, 11:19 15:18, 16:14 money 16:1, 16:3, Okay 12:15, 12:21, petition 5:14 library 10:12, 10:15, 17:16, 17:19 16:6, 17:13, 18:3, petitioner 3:4, 3:11, 14:16, 16:15 months 5:14, 11:3, 19:16, 20:16 4:23 License 21:24 11:10 old 5:5 piece 6:10 licensed 4:21 Motion 3:3, 4:11, OLSON 8:23, 9:2, Plan 5:4, 5:24, 6:13 limiting 9:5, 9:7, 6:23, 7:18, 7:22, 9:2, 10:2, 10:9, plans 17:20 9:10, 9:17, 9:22, 10:2 8:19, 19:20, 20:15 10:14, 10:17, 13:20, please 3:18, 7:3, 8:4, line 15:11 Moved 3:15, 3:17, 14:1, 14:6, 15:21 10:1, 19:24 little 11:1, 15:21 6:24, 7:2, 7:24, 8:2, one 9:9, 9:16, 9:17, Pledge 3:1 living 18:20, 19:4, 18:13, 19:21, 19:23 12:12, 13:1, 13:13, point 6:14, 13:13 19:8 moving 17:20, 15:17, 16:16, 17:1 portion 9:13, 9:19, LLC 5:2 17:20, 17:24, 18:2, open 12:4 13:22 loaded 11:16, 11:24 18:4 operation 5:11, possible 13:8 loan 11:4 Muni 15:19 10:12 POWELL 2:12 located 3:13 Munns 2:7, 4:1 options 9:16, 13:1, practice 4:22 longer 11:5 13:7 present 9:16 look 11:19, 18:10, ordinance 6:2, presentation 9:4 19:14 < N > 10:16, 14:22 presented 9:21 looking 11:7 name 4:18, 4:24, Otis 5:1 Preserve 5:7 looks 5:21 17:7 owners 6:5 pretty 6:14 lower 9:18 nation 13:4 principal 18:5 national 12:20 Probably 11:9, 17:4, Depo Court Reporting Service (630) 983-0030 November 28, 2006 25 17:14 really 6:6 shortfall 14:16 today 14:21, 19:1, PROCEEDINGS 1:6, reason 18:16 Shorthand 21:8, 19:5 20:18, 21:11, 21:15 reassessment 9:12, 21:10, 21:13 TODD 16:10 PROCHASKA 2:2, 9:19, 13:21, 14:2 shows 6:1 together 10:5 3:2, 3:17, 4:11, 6:15, reassessments side 5:10, 5:13, 6:5 Tony 5:20 6:19, 6:22, 7:2, 7:18, 14:10 sides 5:10 total 10:4, 18:1 7:21, 8:2, 8:19, 9:24, record 4:18, 13:10 silos 5:11 transcript 21:13 10:7, 10:10, 10:15, recorded 5:17 sir 16:8 Travis 2:13, 5:16, 10:18, 11:4, 12:3, region 12:21, 13:2 sit-down 5:22 6:3 12:8, 13:15, 13:19, related 13:7 site 5:6 Treasurer 2:12 13:23, 14:3, 14:7, REPORT 1:6 six 9:14 true 21:12 15:17, 15:23, 16:2, reported 21:10 slightly 9:17 try 5:21 16:7, 16:22, 17:2, Reporter 21:8 small 18:13 twice 16:16 17:6, 17:13, 17:21, representing 4:23 somebody 9:13 two 3:13, 5:9, 9:9, 18:15, 19:12, 19:16, requesting 3:6 South 4:19, 5:10 9:16, 12:24, 13:11, 19:19, 19:23, 20:15 required 6:1 speaking 8:21 14:20, 17:1 prolonging 17:18 resident 12:4 SPEARS 2:10, 3:16, type 5:22 Property 3:12, 5:1, residents 18:19, 3:21, 3:22, 7:1, 7:4, 5:1, 5:3, 5:19, 5:21, 18:20, 19:1 7:5, 8:9, 8:10, 20:13, 6:5, 9:13 resolution 14:22 20:14 < U > proposed 12:5 Response 4:2, 6:18, spread 11:18, 11:24 understand 16:14, proposing 5:20, 6:21, 12:7, 19:18 ss 21:2 19:9 10:8 rest 11:11, 14:9 starts 11:22 United 1:2, 2:19, 3:5, public 3:3, 4:12, 5:4, restate 9:24 State 4:22, 9:6, 17:6, 3:7, 3:9 6:17, 6:23, 7:22, restaurant 5:22 21:1, 21:8 until 18:14 8:20, 12:12, 19:20, return 15:1 statute 9:6 urban 13:2, 13:3 20:19, 21:11, 21:15 reviewed 14:23 Street 4:19, 5:19 published 12:16 rezoning 3:8 structure 11:8 purpose 7:23 Road 1:10, 5:8, 19:2 structured 18:6 < V> put 10:5 roll 3:18, 7:3, 8:3, structuring 18:8, VALERIE 2:5 19:24 18:11 value 17:16 RON 17:8, 17:10 submittal 16:19 vanilla 6:14 < Q > ROSE 2:10 substantial 18:13 versus 18:14 question 10:22, Route 3:14, 5:6 supplemental 14:23, via 16:19 13:15, 17:16, 19:13 15:5, 16:13 VITOSH 1:8, 21:6, questions 6:13, sworn 21:7 21:23 9:23, 12:5, 16:8 < S > vote 12:24 says 21:7 schedule 11:20, 18:6 < T> < R > Second 3:16, 7:1, tax 6:8, 9:8, 15:9 < W> rate 9:5, 9:7, 9:8, 8:1, 19:22 taxes 9:13 week 15:1 9:10, 9:11, 9:17, seconded 3:18, 7:3, testified 4:15, 8:24, weeks 5:4, 9:9, 9:19, 9:22, 10:1, 8:3, 19:24 16:11, 17:11 14:20 10:2, 10:3, 15:19, seen 18:17 testimony 6:16 WHEREOF 21:16 17:21, 17:23 Separate 10:16, theory 18:18, 19:6, WHEREUPON 4:13, rather 12:20 15:7, 15:8 19:10, 19:10 8:22, 16:9, 17:9 ready 14:24 Service 3:9 thre 11:11 whole 12:20, 13:4 real 3:12 set 18:23, 21:16 three 11:22 Will 12:24, 13:6, Depo Court Reporting Service(630) 983-0030 November 28, 2006 26 13:11, 13:11, 13:12, 14:17, 15:4, 15:6, 15:10, 15:11, 15:13, 15:14, 16:6, 19:14 WILLIAM 2:12 WITNESS 21:16 WOLFER 2:6, 4:5, 4:6, 7:10, 7:11, 8:15, 8:16, 20:5, 20:6 wondering 19:10 worth 11:1 writing 15:14 WYETH 2:18, 14:19, 15:6, 15:10, 15:16, 16:18 < Y > year 9:10, 9:20, 10:19, 10:20, 10:23, 10:24, 11:1, 11:2, 11:6, 11:8, 11:21, 15:2, 15:3, 15:20, 16:16, 16:16, 16:17, 16:21, 17:1 year-to-year 9:15 years 11:23, 17:1, 19:2 Yorkville 1:2, 1:10, 2:20, 3:6, 3:7, 3:9, 3:14, 4:15, 4:20, 8:24, 16:11, 16:15, 17:11 < z > zer 9:19 < Dates > november 28, 2006 1:8, 1:8, 1:9 Depo Court Reporting Service (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY.ILLIN jw- HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON DRAFT TUESDAY.DECEMBER 12.2006. Mayor Prochaska called the meeting to order at 7:02 PM and led the Council in the Pledge o Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Munns Absent Ward N Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell.City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Finance Director Mika,Director of Public Works Dhuse,Police Lieutenant Hart,Director of Park&Recreation Mogle and Community Relations Manager Spies. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that Item 11—Resolution Approving a Check Replacement Policy be removed from the Consent Agenda and placed on the Regular Agenda under the Administration Committee Report. Mayor Prochaska noted that the City Council received a letter from the bond council reminding the City Council that since the establishing ordinance were never approved for the SSAs,there are no public hearing tonight. The public hearing will have to be re-noticed after the ordinances are approved. Mayor Prochaska asked that the minutes for the September 26,2006 be removed from the agenda so that the Council could have more time to review them. They will be placed on the December 26,2006 City Council meeting agenda. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,December 19,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,December 19,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,January 2,2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,January 2,2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. The Minutes of the Reeular Meetinc of the City Council—December 12,2006—Race 2 CITIZEN COMMENTS Tony Graff, 1334 Walsh Drive,addressed the City Council regarding the parking ban referendum. He stated that he supported having this question on a ballot because it is a question the community would like to respond to. He stated that the outcome of the survey was enlightening however there could be more than one voter in a household who would like to have a say in the matter. He also commented on the show of community support for the holidays with a great turn out for the Downtown Christmas events even though it was cold. He noted that it is the season to be nice and kind to others and he asked the City Council to remember this as they enter the election season.He asked them to remember the business that has come to Yorkville as well as all the good things that have come forth. He wished everyone a safe holiday season. Mary Unterbrunner,418 Jackson Street,commented on the parking ban referendum. She questioned the survey being divided into three categories and the interpretation of the results. She thought the questions asked should have been those in favor of a 100%ban versus those who wanted it left it the way it is currently addressed. She quoted a newspaper interview given by Alderman Bock where he stated that he liked the way the City currently handles parking problems;on a street by street basis when a problem is reported.Mrs.Unterbrunner shared his sentiment and stated that she was not in favor a full parking ban. Erwin Holzkopf of Yorkville expressed his support of the parking ban. He noted that the Mayor was quoted as saying that the Council felt that the parking ban response would be stronger than it was. Mr.Holzkopf stated that citizens spoke out and the Council should honor their wishes and approve the ban. He stated that he did not believe a referendum was needed to solve the issue. He stated that this is a homeowner issue and should only be addressed by them and other people living at the addresses should not have a say or vote in the matter. He stated that some people may find it inconvenient to move vehicles around on driveways but it might help if they cleaned out their garages. He stated that residents need to realize that keeping cars and trucks off the streets allows emergency vehicles a better chance of getting through. In addition,he felt that keeping vehicles off the streets overnight would help the Police Department in identifying major problems and would help with snow removal. He asked the City Council to approve the parking ban with an exception for guest parking and he did not feel exceptions should be given to cul-de- sacs. Rodger Murphy,Yorkville resident,commented that current parking situations are working fine in the City. He felt that things should be left as is and then a referendum wouldn't be needed. He stated that if the City Council disagrees,the referendum should take place and then people can voice their opinion. He disagreed with the comment that there should only be one vote per house because every driver should have a say in the matter. Ron Parrish,county resident,added to Mr.Graff s sentiment regarding being kind to others and asked the Council to be kind to their neighbors. He further commented on the United City of Yorkville's finances. He stated that he figured that it will cost each homeowner of a$250,000.00 home approximately$135.00 due to the mistake made with the Library.He also commented on the City's books which are not balanced. He questioned the qualification of those hired to work on the City's finances and felt there should be better"reins"on the books. Mayor Prochaska explained that the books were balanced in 2004 and 2005 and after each audit,the City received a letter from the auditors. In 2004 they mentioned the issue of reconciliation of accounts. He stated that there has been staff to do this however recently the Accounting Department has had a big turn over. Alderman Burd noted that the employees who left did so at the end of the fiscal year and the bank statements were not balanced for the entire year they were still employed. Mr.Parrish asked whose responsibility is it to sign off on the reconciled accounts. Mayor Prochaska stated that the approval of the audit is approved by the City Council;they all get a copy of the audit and have an opportunity to question it. Mr.Parrish suggested that the City Treasurer or Mayor be responsible for the audit because he felt it was impossible to hold the entire City Council responsible for it. Alderman Spears stated that the City Council had many questions when they reviewed the auditor's letter of approval however the Council was assured by the former Finance Director and City Administrator that everything was being taken of and being monitored. She stated that she would not accept the excuse that accounts were not reconciled due to the turnover in the department. She also felt that the high turnover should be investigated and addressed. Mr. Parrish stated that he felt that if the former Administrator Graff did not finish the job,he should be brought back in to do it. Alderman Spears noted that when the former Finance Director left, she did come back as a consultant at a high fee and while she was consulting,she provided incorrect information to the new Finance Director. Alderman Spears did not recommend that former employees come back to finish the job. The Minutes of the Regular Meeting of the City Council—December 12,2006—nage 3 Todd Milliron,Cotswold Drive,asked Director Mika how close the city was getting a handle on the accounting situation. Mayor Prochaska reminded Mr.Milliron that this portion of the meeting was for public comment not for questioning the staff. Mr.Milliron stated that he was told that this was a$3.5 million problem and that the City budget is roughly$16 million. Director Mika explained that the City does not have a short fall but rather funds were applied to incorrect accounts. Treasurer Powell interjected the positive things such as no funds are missing,bills are being and the City's bond rating is the highest it has ever been. Administrator Crois stated that to imply that the staff does not have a handle on the finances is a complete misstatement;they know what the finances are,they have a handle on them,they know what they need to do in regards to the reconciliation and everything is being done to correct the situation. Mr.Milliron questioned what Wolf&Co.was charging the city. Director Mika explained that bids were received and Wolf&Co.had a low bid and their services were approved for an amount not to exceed the amount of$10,000.00. Mr.Milliron questioned why the auditors missed this error and if the former Finance Director was responsible the error with the Library Levy. Mayor Prochaska stated she was not and explained that the Levy was approved and filed with Kendall County and the County did not apply it. Mr.Milliron asked if the funds for the Library bond payment were identified and Mayor Prochaska explained that the payment will come out of the reserves in the General Fund. The funds will be repaid when the levy is collected. CONSENT AGENDA 1. Police Reports for November 2006(PS 200647) 2. Monthly Treasurer's Report for October 2006(ADM 2006-88) 3. Ordinance 2006-141-Abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village Project)and Approving the Amended Special Tax Roll- authorize Mayor and City Clerk to execute (ADM 2006-90) 4. Ordinance 2006-142-Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project)and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute (ADM 2006-91) 5. Ordinance 2006-143-Abating Special Service Area Taxes for Special Service Area Number 2004-104 Central Grande Reserve and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute (ADM 2006-92) 6. Ordinance 2006-144-Abating Special Service Area Taxes for Special Service Area Number 2004-106 Total Grande Reserve and Approving the Amended Special Tax Roll- authorize Mayor and City Clerk to execute (ADM 2006-93) 7. Ordinance 2006-145-Abating Special Service Area Taxes for Special Service Area Number 2004-107(Raintree Village H Project)- authorize Mayor and City Clerk to execute (ADM 2006-94) 8. Ordinance 2006-146—Authorizing,directing and certifying a supplemental levy to the County Clerk of the County of Kendall,Illinois to pay the principal of and interest on certain bonds of the City for which taxes were levied but not extended- authorize Mayor and City Clerk to execute(ADM 2006-95) 9. Wolf&Co.Engagement Letter—approve agreement as presented(ADM 2006-96) 10. Azavar Agreement —approve agreement as presented(ADM 2006-97) 11. Resolution 206-114—IDOT Highway Permit and Resolution-Kendall Marketplace- authorize the Mayor and City Clerk to execute(COW 2006-11) 12. Kendall Marketplace Bond Council Engagement Letter—approve agreement with Foley& Lardner,LLP as presented and authorize the Mayor and City Clerk to execute(COW 2006-12) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Burd;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye PLANNING COMMISSIONMONING BOARD OF APPEAL No report. MURMS FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the City Council meeting of August 8,2006 and the Committee of the Whole meeting of November 21,2006;seconded by Alderman Besco. Alderman Spears questioned why there were minutes from the November 21,2006 meeting when there was no quorum. Clerk Milschewski noted that the minutes were needed because it was a regularly scheduled and posted meeting. Motion approved by a viva voce vote with Alderman Spears voted nay. The Minutes of the Reeular Meetine of the City Council—December 12,2006—naee 4 BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated November 29,2006 totaling the following amounts:checks in the amount of $1,931,833.33(vendors);$207,255.68(payroll period ending 11/25/06);for a total of $2,139,089.01(total);seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Wolfer-aye,Besco-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 December 16,2006 at Cellular Connections,288 E.Veteran's Parkway from 10:00 a.m.to noon. Proclamation for Drunk and Drugged Driving Prevention Month Mayor Prochaska read a Proclamation for Drunk and Drugged Driving Prevention Month(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Besco. Motion approved by a viva voce vote. Beecher Building Roof Repairs (CC 2006-05) Mayor Prochaska entertained a motion to approve the quote from Advanced Roofing for roof replacement for the Beecher Center,in an amount not to exceed$22,631.00,plus an additional amount,if approved by the Director for Public Works,for materials and labor as may be needed to replace wood sheathing/decking if deemed necessary while completing the repair,per the contract,as presented.So moved by Alderman Wolfer;seconded by Alderman James. Alderman Spears asked what the additional cost would be if all the plywood has to be removed. Director Dhuse stated he did not and explained that he did not feel it would all have to be replaced because the building was completed in 1980,the roof was replaced in 1990 and the shingles which failed were replaced in 1999. He felt that the quote of$1.95/sf of plywood was fair. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye,Burd-aye Ordinance 2006-147 Kendall Marketplace Business District Designating Kendall Marketplace Business District and Imposing Retailers'Occupation Tax and Service Occupation Tax (COW 2006-13) Mayor Prochaska entertained a motion to approve an ordinance designating United City of Yorkville Kendall Marketplace Business District and imposing a Retailers'Occupation Tax and Service Occupation Tax therein,as presented,subject to legal review. So moved by Alderman Wolfer;seconded by Alderman James. Alderman Spears commented that that this important for the City and she welcomed Kendall Marketplace to Yorkville. Mayor Prochaska and Alderman Burd noted that this is important to the School District and to all the taxing bodies in the area. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye Ordinance 2006-147 Providing for the Issuance of Illinois Business District Revenue Bonds (Stormwater/Water Improvement Project) Mayor Prochaska entertained a motion to approve an ordinance providing for the Issuance of United City of Yorkville,Kendall County,Illinois Business District Revenue Bonds,Series 2007, (Stormwater/Water Improvement Project),as presented,subject to legal review. So moved by Alderman Wolfer;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye The Minutes of the Reeular Meeting of the City Council—December 12,2006—pane 5 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that this is the season for water main breaks which are a natural occurrence with the temperature fluctuations. He noted that there were three this week. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mrs.Spies reported that nominating forms for the Stud Terkel Award were available in the City Hall Foyer. She also noted that the Toy Drive for the Payton Foundation would be held until December 15,2006. COMMUNITY&LIAISON REPORT School Board Alderman Burd reported she attended the School Board meeting where the following items were discussed: o New Yorkville High School principal,Timothy Shimp,was welcomed. o Dr.Engler and Mr.Trumble announced their retirements in 2010 o Formation of an Academic Booster Club o Requesting that the City add language to annexation agreements giving the school district deeds for property at the time of final plat Nuclear Offsite Agency Meeting Alderman Wolfer reported that he attended the Braidwood,Dresden and LaSalle Nuclear Power Station Offsite Agency meeting where they went over their emergency management plan. They had speakers from insurance companies who went over the Three Mile Island disaster and explained what is in place in the event of a similar disaster. Cable Consortium Mayor Prochaska reported that he attended the Cable Consortium meeting where a copy of their year-end CD was distributed. He noted that it was available and anyone interested should contact Assistant City Administrator Olson. He stated that they had a video holiday greeting that anyone can participate in and that anyone interested should contact the Fox Valley cable group. Mrs.Spies added that she and Officer Groesch taped the City's fust public service program called Inside Yorkville for the cable network and that the show was on carbon monoxide detectors. Alderman Besco stated that he saw a newspaper article about a community that passed an ordinance regarding video broadcasts. He asked if the City was looking into this. Alderman Wolfer noted that this was on hold due to several lawsuits that were filed. Mayor Prochaska stated that the Consortium is also looking into this and Attorney Wyeth stated that he has been in contact with another attorney and it has been recommended that Yorkville"stay off the radar"by not passing an ordinance and thus not be drawn into any lawsuits. The Minutes of the Reeular Meetine of the City Council—December 12,2006—oaee 6 COMEN=EE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Parking Ban A motion was made by Alderman Spears to approve a resolution authorizing an Advisory Question of Public Policy,Overnight Parking Ban,as presented subject to legal review;seconded by Alderman Burd. Alderman Burd stated that part of her concern in pushing this referendum forward was the thought that the Council would be bringing this whole parking ban issue up for a vote in order to establish a city-wide ban in place. She asked the other aldermen if this was their intention or was it to leave the parking as is;on a case to case basis. She disagreed with Mr.Holzkopf;she felt it would be fair to hear from everyone on this matter. Alderman Besco expressed his opinion that roads are to move traffic not be parking lots. He felt that there should not be any parking on any primary road and other problems can be addressed case by case. He stated that he felt that the surveys were a bit of a waste of time however the Council received good input from the public hearing on the parking ban. He stated that if the matter goes to a referendum,the money for the survey was wasted. He stated that he felt this issue can be addressed in-house and he was against a referendum. Alderman Wolfer agreed with Alderman Besco. He stated that he did not like the"one size fits all"policy and he felt it will not work. He agreed that parking should be banned on major collector roads. Alderman Spears asked that if the ban is applied on a case-by-case basis would each street come before the City Council for a vote. She likes this alternative but wasn't sure how the problem streets will be identified. Alderman Besco suggested that the Police Department would be a good source to identify problem streets. Mayor Prochaska suggested that a policy be developed addressing what criteria could be used to determine a ban. Alderman Bock agreed with Alderman Besco. He stated that if there is a referendum,and residents vote against a city-wide ban,the City Council can still have the option to impose a ban based on certain criteria. He stated that he felt that the survey was not in preparation for a referendum but was a way to determine what the residents wanted. Alderman Spears stated that if this goes to a referendum vote,she hoped it would be publicized that collector and problem streets will still be addressed. Alderman Burd stated that a referendum was free so she felt it would be a good thing to take advantage of. She stated that she would like to see what the voters have to say. Alderman Wolfer stated that he agreed with Alderman Spears that it needs to be clear to the citizens that if there is no ban,there still may be streets where parking is banned for safety reasons. Mayor Prochaska noted that five votes were needed to approve the resolution. Motion failed by a roll call vote. Ayes-4 Nays-3 Spears-aye,Bock-nay,Besco-nay,Wolfer-nay,James-aye,Burd-aye,Prochaska-aye Mayor Prochaska noted that the motion failed due to the lack of five votes approving the resolution;there will be no referendum question. ADMINISTRATION COMMITTEE REPORT Ordinance 2006-149 The Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2007 and Ending April 30,2008 (ADM 2006-89) A motion was made by Alderman James to approve an ordinance for the Levy and Assessment of Taxes for the fiscal year beginning May 1,2007 and ending April 30,2008 for the United City of Yorkville,as presented;seconded by Alderman Besco. The Minutes of the Reeular Meetine of the City Council—December 12,2006—aaee 7 Mayor Prochaska asked if the amount of the levy should be stated and Attorney Wyeth stated that the amount is"as presented". Treasurer Powell asked if this included the amount for the library bond and Mayor Prochaska explained that the Finance Director will attached a separate letter to the levy reminding the County to assess for the library bonds. Alderman Burd stated that she was under the assumption,from what the County Clerk said,that this was suppose to be a summary of all the city's levies. She questioned the need for a separate letter. Attorney Wyeth explained that the ordinance passed in July 2006 is its own levy ordinance. The filing of the ordinance is all that is required by the city to notify the County Clerk's office of the extension of the levies. It would be inappropriate to place this amount within the general levy presently before the Council. Alderman Burd asked why it was inappropriate and thought it might be a safety to include it. Attorney Wyeth explained that these levy documents are precise and to include the library amount would be"doubling up"and inappropriate;the safety will be the attached letter. Administrator Crois added that bond council has informed staff that the debt service for the library is not part of the levy ordinance and should not be part of it. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Besco-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye NIMEC Agreement (ADM 2006-98) A motion was made by Alderman James to authorize NIMEC to solicit bids from electric providers,and to authorize the City Administrator and Finance Director to approve the lowest bid,at their discretion,and to sign contracts to secure the provision of electricity from the lowest bidder as presented by NIMEC,said authority to be effective only for the next NIMEC bid cycle, but not later than 12/31/06;seconded by Alderman Besco. Alderman Spears asked if the City Attorney had reviewed the agreement and if everything was in order. Attorney Wyeth stated that he did review it,it is a standard contract and he found no reason for the City Council not to approve it. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Resolution 2006-115 Approving a Check Replacement Policy (ADM 2006-99) A motion was made by Alderman James to approve a resolution authorizing the Check Replacement Policy and to authorize the Mayor and City Clerk to execute;seconded by Alderman Besco. Alderman Spears noted that the Council requested language in the policy regarding fust time offenders. Director Mika explained that the language was added;it is the last sentence on page 2. Alderman Spears asked that the wording be changed from"can be an exception"to"will be an exception". It was agreed to change the wording. A motion was made by Alderman Spears to amend the policy to state there"will"be an exception for fist time offenders;seconded by Alderman Wolfer. Motion to amend approved by a roll call vote. Ayes-6 Nays-0 James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye ADDITIONAL BUSINESS FOIA Alderman Burd commented on the Freedom of Information Act(FOIA)dissemination policy the Council passed.She stated that she read Alderman Wolfer's comment in the Kendall County Record as to why he voted against it. She thought people could get confused by what he said so she wanted to clarify some things. She stated that the policy did not have anything to do with the federal FOIA but rather the Illinois FOIA. She read a statement from Illinois'Attorney General, Lisa Madigan,regarding public bodies periodically reviewing the procedures they have established for carrying out the FOIA and if procedures are not established to do this,they should be considered. Based on this statement,she felt a policy should be passed. The Minutes of the Reeular Meetine of the City Council—December 12,2006—naee 8 Meetings with Developers Alderman Burd stated that there was a remark in the newspaper regarding meetings held with developers.She stated that in her nine years on the Council she has never had the opportunity to meet in a small meeting with developers.She stated that the closest she came was one time she accidentally walked in on a meeting with former Alderman Sticka,the Mayor and a developer. She stated that Alderman Spears has not had this opportunity either and if they had they would not have participated in. She wanted residents to know that this is not something all the aldermen have been doing. She stated that there is a narrow line between having someone approach an alderman in a parking lot and having set meetings. Report from Drs.Wood&Gabris Alderman Burd stated that the Council received a report from Drs.Wood and Gabris that was very informative. She recommended that the taxpayers read the report which she found very interesting. She thought the doctors may want to continue their study because of all the things presently going on in the city. Meeting Notes Alderman Spears thanked the City Administrator for preparing follow-ups to the meetings.She stated that she found them very helpful. Administrator Crois stated that Assistant City Administrator Olson should be thanked because he was preparing them. Meetings with Developers Mayor Prochaska responded to Alderman Burd's comment. He stated that he has had developers and citizens comment to him that they have talked to all the aldermen at one time or another. He stated that talking to someone on the telephone or in a parking lot is still meeting with them. There was a brief discussion about talking with developers and Alderman Spears stated usually developers talk to her only because she is voting against them. She went on to express her concern with the former City Administrator representing developers because she feels it is a conflict of interest because he knows too much about the City. Mayor Prochaska noted that the former City Attorney is doing the same thing. Mayor Prochaska stated that developers and residents have the right to meet with the City Council as long as they do not break the law by meeting with more than two at a time. Alderman Besco stated he has met with developers several times;he has met with a developer and a property owner in an effort to come to harmony in an agreement,he has met with a developer and the Director of Park&Recreation and he has spoken with the developers of the water park about the weather. Alderman Burd stated that she was not talking about someone lobbying an alderman. She stated that the meeting she referred to was one where former Alderman Sticka was"holding court" before an Economic Development Committee meeting with developers. He was asking questions that should have been asked during the regular meeting and when she came into the room she was asked to leave. She felt this was inappropriate;no alderman should hold a"private little committee meeting"and be asking questions that should be asked in a public meeting. Alderman Bock commented that he did not have a problem if members of the Council meet with anyone in groups of two or less. He noted that if it is done in any other way it is not in compliance of the law. He further noted that anything Alderman Sticka,who has been off the Council for a few years,did is irrelevant. He stated that he did not feel anyone in the current Council has done anything inappropriate and anything in the past is water under the bridge. Alderman Wolfer noted that many people become lobbyist after having a career in politics. He stated that he felt that former Administrator Graff has been beyond reproach. Snow Removal Alderman Besco complimented the Public Works Department for their work on keeping the streets clear of snow. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Bock;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 8:22 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 9 DRAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday,December 19, 2006—7:00 pm In Attendance: CG Art Prochaska- Mayor Travis Miller—Community Development Director Rose Spears—Alderman John Crois—Interim City Administrator Dean Wolfer—Alderman David Mogle—Executive Director Parks &Rec. Paul James—Alderman Eric Dhuse—Director Public Works Jason Leslie—Alderman Bart Olson—Assistant City Administrator Jim Bock—Alderman Bill Powell -Treasurer Valerie Burd—Alderman John Wyeth—City Attorney Joe Wywrot—City Engineer Others in Attendance Kathy Farren—Kendall County Record Lynn Dubajic—Director Economic Development Todd Milliron Mike Schoppe Court Reporter (Many others who did not sign guest list) Mayor Art Prochaska called the meeting to order at 7pm. He entertained a motion to enter into Public Hearing. Alderman Bock and Spears,respectively,moved and seconded to enter into Public Hearing. Carried unanimously on a roll call vote: Leslie—aye Wolfer—aye James—aye Burd—aye Spears—aye Bock- aye PUBLIC HEARING: Edward Health Ventures filed an application for rezoning at Route 71 and Route 126. (Refer to Court Reporter's report.) Lance Devries, 1701 Candleberry Lane,Yorkville gave comment during this Public Hearing and presented photos he had taken. These photos are to become part of the official minutes of this meeting. At the conclusion of the Hearing,Mayor Prochaska asked for a motion to close Public Hearing. Alderman Bock moved and Alderman Wolfer seconded to close the Hearing. Motion carried unanimously on a roll call vote: Bock—aye Spears—aye Burd—aye James—aye Wolfer—aye Leslie—aye Attorney Dan Kramer asked that this item be placed on a Council Meeting agenda in January for a final vote. The Public Hearing ended at 7:30pm. Page 2 of 9 ECONOMIC DEVELOPMENT COMMITTEE: L Discuss Committee Liaisons Alderman Burd said that YEDC had changed their bylaws to allow an ad hoc City Council member to sit on their board. That person would not be a voting member. It was recommended that the Economic Development Chairman be appointed to the YEDC Board. Mayor Prochaska explained that the Board voted to create the position and the second vote was to approve the ex-officio member to be a Council member. Ms. Burd asked that the YEDC chairman fill the position and she commended the YEDC for allowing an alderman to participate. There was a unanimous consensus for this action. The meetings are held the second Wednesday of the month at 4:30pm. (taken out of sequence) 10. EDC 2006-35 Sunflower Estates SSA Request Travis Miller said that there had been discussion of maintenance issues and he provided a cost estimate in a handout. Alderman Leslie questioned why the SSA would be formed after the fact and then be a burden to the City. A homeowners' association was initially created and now they wish to disband and turn this area over to the City. An additional tax would then be assessed. The Mayor said these types of situations need to be addressed and that they also create extra paperwork. He added that the only solution is that the City will assume maintenance and that the property will become public property. A mechanism needs to be in place when the developer is gone. There is a 15% administrative fee attached to the agreement the City would enter into with the homeowners' association. There was a brief discussion of the costs of maintaining property by the homeowners'association versus turning it over to the City and being assessed fees. Carrie Bartell, Attorney for the association, spoke on the homeowners' behalf. A petition in favor of the SSA and of dissolving the association,was signed by 84%of the homeowners. The association was started 7 years ago and in that time, many dues were not collected. She said the City's approval for the SSA is needed prior to dissolving the association. She further stated the 75%of the homeowners needed to give their approval to dissolve the covenants. It was noted that 80%of the homes are not in compliance with the covenants. The owners wish to take this action due to much misinformation at the time of home purchase and only minimal records were kept for the dues collected. The residents wish to transfer the ownership of the public land to the City. Attorney Wyeth said the next step is to bring an authorizing ordinance to the Council and set a Public Hearing. Ms. Bartell said the homeowners would need to contact their mortgage companies regarding deed restrictions. Municipal authority over the associations is very limited according to the Mayor. He suggested petitioning the State to tighten up laws regarding the associations. He said the Council needs to look at their policy at the time developments come into the City and determine how to handle green space. Currently, some green space in the City is privately owned. Ms. Bartell said that if the association is not dissolved, the developer will have to be contacted for the records, all of which would result in costly attorney fees. Page 3 of 9 If the association is dissolved,Mayor Prochaska asked if the City would assume ownership of the land or is it split among the homeowners. Ms. Bartell answered that the owners would have to dedicate the property to the City and the City would have to accept. If the Council does not accept the property, each homeowner would own a portion of the property. Alderman James suggested that this situation could be handled as a letter of credit. Michelle Moser, President of the Homeowners' Association, said that no dues have been charged for at least 7 years and no covenants have been enforced. She said Inland proposed a budget of $300 per household, however, she said the only item that needs to be maintained is the grass. According to Ms. Moser, Inland continues to conduct business on the residents' behalf and there is no accountability. Alderman Wolfer asked about the liability insurance if the City assumes ownership. The City would have to maintain the liability insurance if the property was dedicated to the City according to Ms. Bartell. Aldermen Bock and Leslie asked about any possible legal recourse against Inland. Ms. Bartell said the legal fees might far outweigh the money actually collected by the developer. In addition, the City cannot enforce associations because they are private contracts. Ms. Burd said this type of problem has been addressed by backup SSA's being made part of development agreements. A policy should be discussed at the next EDC meeting according to the Mayor. Fox Hill resident Brian Weis expressed his views and concerns regarding SSA's. He said he is one of seven dissenters to keep the SSA under Fox Hill control. The property control question will be researched at the request of the Mayor. January 23d will be the Public Hearing date for the Sunflower Estates SSA request and a vote will be taken. (return to agenda sequence) 2. EDC 2006-33 Building Permit Reports for November 2006 There was no discussion. 3. PC 2006-76 Milazzo—Annexation and Rezoning Attorney Dan Kramer said the Public Hearing had been held two weeks ago and the annexation agreement has been submitted. Recent changes suggested by the City will be incorporated and this matter will be ready for a final vote on the coming Tuesday. Since this will now be zoned business, that will be added to the ordinance approving the zoning or added to the agreement. 4. PC 2006-65 Beaver Street/Route 47—Rezoning Attorney Villanova, representing Yorkville Partners LLC, said a petition has been submitted requesting rezoning from M1 to B3. This property is at the southeast corner of Beaver St. and Route 47 and is 2.33 acres. This request is being made due to the configuration of the property. By rezoning to B3, it would allow the petitioner a retail use thereby contributing to the tax base. This matter was before the Plan Commission and a unanimous approval was recommended. City Staff also recommended this approval. Page 4 of 9 Alderman Leslie expressed concern about increased truck traffic and that this area is not a retail climate. The Attorney said the location is consistent with growth and there would be a loss of potential taxes from this location if not approved. Alderman James felt this site was a good location for retail and other Council members agreed. This will move forward for consideration. 5. PC 2006-82 Grande Reserve Unit 25—Preliminary Plat 6. PC 2006-83 Grande Reserve Unit 26—Preliminary Plat 7. PC 2006-87 Grande Reserve Unit 27—Preliminary Plat These plats were discussed simultaneously. Travis Miller reported that the petitioner had asked for preliminary plan approval since construction must start within 12 months. Unit 25 is located near Mill Road and Tuscany Trail and has 96 townhomes. Alderman Spears questioned the stub street that would connect Grande Reserve with Oswego. The stub was met with disapproval by Oswego and was not part of the original plan. The Village has denied the request for street connection since the street would connect a residential and industrial area. Ms. Spears requested a follow-up letter from Oswego Police suggesting a public safety issue. These items will move to the consent agenda. 8. PC 2006-81 Hudson Lakes Unit 1—Final Plat The Plan Commission recommended approval subject to two conditions: 1. include a school lot 2. final plat included 108 lots, annexation agreement limits to 104 based on sanitary sewer limits, there will be a reduction in lots This plat will move forward to the consent agenda subject to these conditions and the deed for the school lot will be turned over to the school district when the plat is recorded. 9. PC 2006-34 Fee Waiver Request—Harve Travis Miller said this is a unique request. Staff has met with Horve Builders regarding an unforeseen result of the fee ordinance that controls sewer connections. Horve Builders is constructing an assisted living facility on Greenbriar Rd. consisting of 87 units. When the Building Department calculated fees for the building permit, the fees totaled $174,000 in addition to the permit fees. Mr. Horve requested a waiver of those fees or a portion, due to the large amount. One possible solution was a potential rebate considering the number of jobs created and sales tax generated. Mr. Miller and Mr. Dettmer reviewed the fee formula in the ordinance and there is a fee for a category of"nursing homes and hospitals". Since staff did not have the authority to reduce the fees, this matter was brought to the Council. Staff recommends that this facility be viewed as a nursing facility when determining fees and Mr. Horve would then pay$46,750. Mr. Steve Horve said the project is currently underway. He said he had not anticipated the $450,000 tap and fees. Mayor Prochaska said the City should look at the jobs and sales tax to be created and he added that the community is in need of such a facility. Alderman Burd suggested that perhaps the policy should be amended to include assisted living facilities as an extension of nursing homes. However, Alderman Leslie expressed concerns since this facility will be primarily a for-profit home and that other builders would not be awarded these incentives. Grants will be given to some of the 87 residents in order to reside there. The facility will create 37 full time jobs and Mr. Horve is making an effort to use community labor. He also gave an overview of the Page 5 of 9 services provided. Alderman Wolfer voiced his approval and said this is what economic incentives are for. Alderman Bock echoed that opinion and said it is not another strip mall. The connection fees will be reduced to $46,750 on a motion and placed on the consent agenda. The Council will also look at amending the ordinance at a future date. (item#10 discussed earlier in agenda) ll. PC 2006-94 Blackberry Woods Annexation -.076 Correction Surveyors had prepared a plat of Blackberry Woods and an error occurred resulting in .076 acres of land not being included in the annexation. This property is next to the PNA. The error was detected by the Engineering staff and an ordinance will correct this and bring the parcel into the City limits. This will move to the consent agenda. 12. EDC 2006-36 Centex Raymond Regional Outfall Funding Agreement The City entered into an agreement regarding construction of the Raymond Regional Stormwater Facility outfall located near Galena Rd. and Rt. 47. This project is estimated to cost about $1.2 million and a funding shortfall of$325,000 was needed to complete the project. Centex agreed to make up this shortfall and is asking for certain considerations. They are being asked to dedicate the basin to the City and all but approximately a quarter of the property has been dedicated. In exchange for the funding, it was recommended that Centex be allowed to delay dedicating the remaining portion. Engineers said this delay would not have a negative impact on the project. Alderman Spears asked if delays had been granted to any other partners of this agreement. Mr. Miller noted that the affected area is the basin,not the outfall and said these were two separate components. Mr. Crois summarized as follows: for the system to work,pipe needs to be put in. Since other partners (Ratos, Ocean Atlantic and Caledonia)have already contributed, Centex was asked for the additional funding. The money will be used for the pipe and the land purchase will be delayed until 2008. Mayor Prochaska asked if there is a guarantee that the City will obtain the rest of the land. The current landowner is concerned the remaining piece of land will not be purchased. Mr. Miller said the obligation of that land remains in the annexation agreement. Fred Feinstein,Attorney for Centex Homes further clarified the situation. He said the $325,000 is an additional donation. He made no assurances regarding the rest of the property,but Lacom (property owner)is a participant in the annexation agreement. Attorney Wyeth agreed this is in the annexation agreement and zoned properly. Mr. Feinstein added that his client will enter into an agreement with the school district and that there are also some recapture issues to address. An amendment will be brought at a later date. This moves to consent agenda. Page 6of9 PUBLIC WORKS COMMITTEE 1. PW 2006-209 State Street Finished Watermain— Change Order#2 2. PW 2006-210 King Street Raw& Finished Watermains- Change Order#1 These items were discussed together and it was noted they are change orders. Approval was recommended 3. PW 2006-211 King Street Raw& Finished Watermains—Pedersen Invoice A letter was received from Cal and Rena Pedersen regarding additional roadwork they wished to have done and the cost they incurred in the amount of$12,456. This amount was to redo some of the road repairs at Parkview Academy and King St. The Pedersens have asked the City to waive half of that amount. They have issued a check for half that payment and requested a hearing regarding the remainder. Public Works Director Dhuse suggested talking with them for more details. Alderman Burd said the City should pay the other half. After a brief discussion, it was decided more follow-up is needed and it will be returned to the Council. Ms. Burd added the Pedersens are very diligent about maintaining this historic area. Mayor Prochaska requested that no invoice be sent at this time. 4. PW 2006-212 Grande Reserve Units 2 & S—Letter of Credit Reduction #1 S. PW 2006-213 Grande Reserve Unit 12—Letter of Credit Reduction #1 6. PW 2006-214 Grande Reserve Unit 13—Letter of Credit Reduction #1 7. PW 2006-215 Grande Reserve Unit 14—Letter of Credit Reduction #1 8. PW 2006-216 Grande Reserve Unit 15—Letter of Credit Reduction #1 9. PW 2006-217 Grande Reserve Unit 20—Letter of Credit Reduction #1 10. PW2006-218 Mc Vickers Development—Letter of Credit Reduction #1 All of the above items were recommended for approval and will be moved to the consent agenda. 11. PW 2006-219 Cannonball Estates Unit I—Letter of Credit Reduction #6 12. PW2006-220 Cannonball Estates Unit 2—Letter of Credit Reduction #6 The developer still has storm sewer work to finish and Alderman Bock noted that it was to be finished 3-4 years ago. The letters will be somewhat reduced, however, not the amount for the storm sewers. These 2 items will also move forward to the consent agenda. 13. PW 2006-221 New Castle Bank (109 W. Veterans Parkway)—Final Acceptance &Letter of Credit Reduction #2 Mr. Wywrot recommended acceptance of the public infrastructure and a credit reduction. This moves forward to the consent agenda. 14. PW 2006-222 Reserve at the Fox—Plat of Easement The plat of easement was recommended for approval and Mr. Wywrot also noted that he is working with the developer to get the easement in place. This moves to the consent agenda subject to legal review. 15. PW 2006-223 Reserve at the Fox—Final Acceptance&Bond Reduction #2 Mr. Wywrot recommended acceptance of the public infrastructure and a corresponding bond reduction,however, final approval is subject to recording of a plat of easement for the utilities. Moves forward to consent agenda. Page 7 of 9 16. PW 2006-224 Grande Reserve Well Nos 8& 9 Sites—Final Acceptance Approval is recommended, subject to legal and staff review of legal documents. Moves to consent agenda. 17. PW 2006-225 Grande Reserve Park "E"Site—Final Acceptance Acceptance of park improvements was recommended,however, subject to legal and staff review. It was noted that storm sewers are excluded. This matter will move to the consent agenda. 18. PW 2006-226 IDOT Highway Permit and Resolution—%ndallwood Estates(Temporary Entrance) Mr. Wywrot reported that IDOT has sent the permit application form and the permit is ready to be issued. This temporary construction entrance will be built off Rt. 126 near Wooden Bridge Drive. This will route construction traffic on Rte. 126 rather than Van Emmon. This moves to the consent agenda. 19. PW 2006-227 Blackberry Creek Modeling Project—Intergovernmental Agreement Mr. Wywrot stated that this agreement with Kane County approves the re-mapping of the Blackberry Creek floodplain. The City previously committed $59,530 towards this project to be done by the US Geological Service. He recommended approval and this moves to the December 26a'Council meeting for a vote. 20. PW 2006-188 Fox Road Sidewalks Mr. Wywrot brought this matter before the Council to seek advice regarding the addition and choice of a sidewalk on Fox Road. This sidewalk would fill in a gap and would be continued to a neighboring subdivision. He noted that the Forest Preserve District is receptive to a joint grant application to construct trails in that area. Alderman James suggested building the sidewalk now and widen the area for construction of a bike trail at a later time. Alderman Burd asked if there was a bike trail plan and thought it began downtown continuing to Silver Springs. Railnet is not receptive to sharing the area for the proposed trail and there was discussion of it being moved up by Fox Road. She further stated she would like to see the trail project move forward. Mr. Wywrot will obtain a cost estimate and this item will return to C.O.W. 21. PW 2006-228 Game Farm Road/Somonauk Street—2"d Request for Additional Compensation and MFT Appropriation Resolution A letter was received from Smith Engineering requesting compensation for additional work. Initially,they completed engineering at Game Farm Road and Somonauk St. (The engineering will allow the City to apply for a grant to fund 75% of this work.) Later, additional work was needed at Rt. 47 and Somonauk due to IDOT changes. An MFT appropriation resolution was also included in the amount of$9,210.00 for this work. Mr. Wywrot recommended approval of these items. This moves to consent agenda. Page 8 of 9 22. PW 2006-229 Letter of Support—Federal Funding for Groundwater Mapping The Geological Survey is conducting a detailed study of groundwater in Kendall County and they hope to do this nationwide. Currently, there is limited money and Congressmen are asking municipalities for letters of support to increase federal funding. A sample letter was included. This will move forward to the consent agenda and a letter will be sent. 23. PW 2006-230 Kendall County Highway Department Water Service Attorney Wyeth said this could be removed from the agenda since it was resolved. He said the Highway Department had access to a well from a neighboring property that was sold. The Department felt they would lose access to the well so they approached the City staff. An inter- governmental agreement may be drafted in the future,but at the present time,the Highway Department has regained the access. No further action. DETAIL BOARD REPORT BILL LIST): There were no questions,however, Mayor Prochaska pointed out that the annual membership payment for the YEDC was on this bill list. This will move to City Council for consideration. PARK BOARD: 1. No report MAYOR: 1. PS 2006-44 Director of Support Services Position The Police Chief had asked for this to move forward. Alderman Bock asked if municipal law enforcement experience was required. The Labor Counsel has approved the job description,but it was revised to include the experience requirement. Applicants must also be able to lift 50 pounds. This moves to the consent agenda. 2. Prairie Parkway Resolution The Mayor noted that the City had drafted a resolution supporting the Prairie Parkway in general, however, no resolution was drafted in support of the B5 routing that crosses Rt. 47 and eventually reaches I-80 near Minooka. He asked the City Attorney to draft a resolution for that route. This resolution must be done by January 16a'. The Mayor asked for Council input. Alderman Leslie asked where this routing was in relationship to the proposed County landfill. The Mayor thought it would be on the east side of the landfill location near White Willow and Ashley Roads. ADDITIONAL BUSINESS: Mayor Prochaska told the Council that the City Attorney was notified that the Attorney representing the Newark Library District has taken issue with the notification process. This relates to the validity of the annexation of a certain portion of the property for the proposed landfill. Mr. Page 9 of 9 Wyeth notified the petitioner and spoke with the Library District Attorney since this could affect the annexation. Alderman Leslie discussed a public safety issue. He said his car has been burglarized twice in two months and noted the lack of lights in the area. Mayor Prochaska said the Council had agreed that minimal lights were desired in order to maintain a rural character. Mr. Leslie said he has reconsidered the parking ban as a result of these incidents. Alderman Burd stated that on the previous Tuesday night a levy summary document had been passed in regards to the construction bond levy for the Library. Since then, she spoke with Kendall County Clerk Paul Anderson and a DuPage County Clerk official and wanted to ask the City Attorney and Administrator if the action was the correct procedure. Attorney Wyeth said the bond ordinance passed in 2005 levies by itself and to place the number in the general levy would be a duplication. Ms. Burd said that Yorkville is the only municipality in Kendall County that does not do that. However, Mr. Wyeth said that 15-20 park districts he represented, followed that procedure. Mr. Wyeth said he would discuss the matter with Mr. Anderson again and present his findings to the Council. She also asked Mr. Crois if it was correct to pass the levy summary without including the library bond. He said it is correct,based on legal opinion and the bond counsel. Ms. Burd said the County Clerk cannot keep track of every referendum passed by each municipality, therefore the municipalities keep track of their own issues and put them on the summary to be sent to the County Clerk to help in processing of the levy. The County Clerk sends a follow-up letter to see if all levies are included. Mr. Wyeth said he and Mr. Anderson agreed that the.City would communicate with the County to insure this type of situation did not occur again. In addition, Attorney Wyeth said Bond Counsel's direction would also be considered. There was no further additional business and the meeting was adjourned at 10:14pm. Submitted by Marlys Young, Minute Taker COMMITTEE OF THE WHOLE MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R. , on December 19, 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-812906 DEPO COURT reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR . DEAN WOLFER, Alderman; 7 MR. JAMES BOCK, Alderman; 8 MS . ROSE ANN SPEARS , Alderman; 9 MR. JOHN CROIS, City Administrator; 10 MR. WILLIAM POWELL, City Treasurer ; 11 MR. TRAVIS MILLER, Community Development 12 Director; 13 MS . MARLYS YOUNG, Minute Taker . 14 15 A P P E A R A N C E S : 16 BY : MR. JOHN JUSTIN WYETH, appeared on behalf of the United 17 City of Yorkville, Illinois . 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 ( Pledge of Allegiance) 2 MAYOR PROCHASKA: With that I ' d 3 entertain a motion to go into public hearing for 4 the purpose of discussing PC 2006-84 and 2006-85, 5 Edward Health Ventures, an Illinois 6 not-for-profit corporation, petitioner, has filed 7 an application with the United City of Yorkville, 8 Kendall County, Illinois , requesting rezoning 9 from United City of Yorkville , R-2 , R-4 , B-1 and 10 M-1 to United City of Yorkville PUD zoning to 11 allow uses permitted in the B-3 Service Business 12 District and R-2 One-Family Residence District 13 and for hearing as to the concept PUD of the 14 petitioner . 15 The real property consists of 16 approximately 100 acres at the west corner of the 17 intersection of Route 71 and Route 126, 18 Yorkville , Kendall County, Illinois . 19 MR. BOCK: So moved . 20 MS . SPEARS : Second . 21 MAYOR PROCHASKA: Moved and 22 seconded . May I have roll call, please? 23 MS . YOUNG : Leslie . 24 MR. LESLIE : Aye . Depo Court Reporting Service (630) 983-0030 4 1 MS . YOUNG: Wolfer . 2 MR . WOLFER: Aye . 3 MS . YOUNG: James . 4 MR. JAMES : Aye . 5 MS . YOUNG : Burd. 6 MS . BURD : Aye . 7 MS . YOUNG: Spears . 8 MS . SPEARS : Aye . 9 MS . YOUNG : And Bock. 10 MR . BOCK : Aye . 11 MAYOR PROCHASKA: Motion is carried . 12 We are now in public hearing . Representative of 13 petitioner? 14 WHEREUPON : 15 DANIEL J. KRAMER, 16 testified before the Yorkville City Council as 17 follows : 18 MR . KRAMER: Thank you . For the 19 record my name is Daniel J. Kramer . I am an 20 attorney licensed to practice law in the State of 21 Illinois . My address is 1107A South Bridge 22 Street , Yorkville , Illinois , and I represent the 23 petitioner, Edward ' s Health Ventures , and the 24 actual property owner is still Fox Valley Farm. Depo Court Reporting Service (630) 983-0030 5 1 As the Mayor read with the 2 opening notice , we are here on the public hearing 3 for the annexation agreement tonight . 4 We ' ve had our public hearing 5 before the Plan Commission and they have 6 unanimously recommended the zoning change and the 7 approval of the PUD agreement . 8 We have forwarded the draft PUD 9 agreement , which if you ' ve seen has had many 10 amendments from different things , language that 11 we have agreed with Staff and our client as far 12 as additions . 13 Basically it ' s the same plan 14 that you see to my left and your right that we ' ve 15 talked about before . 16 The parcel is located for 17 purposes of the record with Route 126 generally 18 on its north, Route 71 generally on its south, 19 and then Crooked Creek subdivision and an 20 existing Phase II and Phase III of Wildwood 21 subdivision that are residential subdivisions 22 bordering the property on the west . 23 The hospital has indicated 24 their goal in this process is to bring a clinic Depo Court Reporting Service (630) 983-0030 6 1 immediately to the south side of the town, so if 2 they are successful in the zoning change, they 3 would anticipate starting fairly quick in the 4 clinic, which would be the building located on 5 the south side on Route 71 . 6 Jerry or Mike , if you could 7 show them that location ( indicating) . 8 That would be the initial phase 9 of the project . The hospital is long-range . 10 Obviously there has to be a need in the 11 community, and with a clinic they don ' t have to 12 receive any kind of state permission to build 13 here . The hospital does go through a rather 14 strict licensing process . 15 One of the questions that the 16 audience and you may be interested in that we 17 were asked numerous times at a local meeting with 18 the neighbors and not at the public hearing was 19 whether the Plainfield application process would 20 have any affect on this hospital, and it would 21 not . 22 They feel the population will 23 ultimately be here to service the community, that 24 there may be a need for up to two hospitals to Depo Court Reporting Service (630) 983-0030 7 1 service this community, one north and one south . 2 In terms of the overall plan, 3 we have one area that ' s right by Jeremy ' s head 4 that ' s in yellow that they propose to sell to a 5 private developer that would be developed as 6 single-family lots . 7 Frankly, we probably had more 8 questions about that at the neighbor ' s meeting 9 than the hospital use . 10 One of the thoughts of the 11 hospital was that they thought if they developed 12 and sold that off and kept it high-end 13 single-family homes , it would show the neighbors 14 in Crooked Creek and existing Wildwood that they 15 are good stewards of the land, and if they are 16 willing to do high-end housing that there 17 wouldn ' t be any negative effects on the existing 18 housing . 19 One of the things we met with 20 Staff this past week about -- and we ' re going to 21 have another exhibit to the annexation PUD 22 amendment -- is on the wooded area that ' s shaded 23 in green behind the residential lots , there is a 24 large growth of heavy mature trees . Depo Court Reporting Service (630) 983-0030 8 1 We plan on doing four or five 2 things in that exhibit that we ' ve talked with 3 Staff about . 4 Number one, your ordinance 5 calls for a minimum of 12 , 000 square foot lots . 6 They have agreed that they would make all the 7 residential lots in the subdivision at least a 8 minimum of 16, 000 square feet, and some of them 9 in the cul-de-sac are going to be bigger than 10 that . 11 On the rear 50 feet of each of 12 the lots they ' re going to do a conservation 13 easement so any large trees , anything over six 14 inches , and that are good hardwood trees cannot 15 be removed . 16 Also, in the wooded area, we ' ve 17 met with the park board and we ' ve indicated that 18 we would have the equivalent of just a little bit 19 under an acre of land if they wanted to take park 20 land as opposed to cash, so we ' re saying take at 21 least an acre for park and we ' ll round that off, ' 22 then we ' re willing to donate to the City with no 23 credit or no claw back from any fees or anything, 24 at least an additional acre of that woodland that Depo Court Reporting Service (630) 963-0030 9 1 would be preserved if the City will take 2 ownership, and depending on the geometry when 3 Mike Schoppe lays out the lots, we may be able to 4 give you a little bit more than that . 5 In other words , we may be able 6 to take that up to two or three acres , and we 7 don ' t expect any compensation back, and that way 8 we are preserving as many of the trees as we 9 possibly can . 10 The medical uses themselves 11 will not require any removal of any trees . 12 That ' s basically all in open -- kind of hilly, 13 but in open farmland. A lot of the sites being 14 developed we would anticipate some type of green 15 cover crop rather than a low crop, so we think it 16 will significantly improve stormwater retention 17 and drainage on-site in the area as well . 18 So with that, I don ' t want to 19 belabor it, we ' ve been through the public 20 hearing, done the presentation before, but we ' d 21 be happy to answer any questions you folks have 22 and if there is any new people in the audience 23 that weren ' t at the first two hearings , again, 24 we ' d be happy to answer them. Thank you . Depo Court Reporting Service (630) 983-0030 10 1 MR. LESLIE : I have a couple 2 questions . 3 MR . KRAMER: Sure , Jason . 4 MAYOR PROCHASKA: We need to let the 5 people in the audience go first . 6 MR . LESLIE : I ' m sorry . 7 MAYOR PROCHASKA: At this time I 8 would like to give the opportunity for anyone in 9 the audience to come forward and give any 10 questions . Come on forward, state your name . 11 WHEREUPON : 12 LANCE DEVRIES, 13 testified before the Yorkville City Council as 14 follows : 15 MR. DEVRIES : Hi . My name is Lance 16 Devries . I live at 1701 Candleberry Lane, right 17 at the end of Wildwood Phase II at the beginning IS of the residential section of this development . 19 One of the things you mentioned 20 is being a good steward of the land, and I think 21 that if you take a look at this area, because of 22 the densely wooded population of trees in there, 23 drying to build 12 , 000 square foot residential 24 lots and homes in this area would completely Depo Court Reporting Service (630) 983-0030 77 1 destroy this woodland . 2 I have taken some photos, I 3 know there ' s been some extensive tree surveys 4 done, they ' ve been out there diligently every 5 day, snow or whatever, and doing a survey of the 6 trees in there . 7 I ' d be very curious to see what 8 they ' ve come up with as far as the amount of 9 trees and the size of the trees . 10 And I ' ve also looked at the 11 landscape ordinance that ' s been in place, that is 12 supposed to be in place by the time this 13 development is supposed to come through, and with 14 the preservation that -- the tree preservation 15 clause that ' s in this ordinance, I just don ' t see 16 how it ' s really possible to build homes in this 17 area, and as a good steward of the land and 18 trying to be a good neighbor to this community 19 and seeing how Yorkville has been building and 20 building, to see this ten-acre woodland just 21 destroyed to put in a few more homes to help 22 reduce the cost of the hospital , I think it would 23 be a shame, and I think there ' s got to be some 24 way that you can work around this woodland and Depo Court Reporting Service (630) 983-0030 12 1 try to work around the perimeter of it and build 2 these homes and make this all work for our 3 benefit . 4 MAYOR PROCHASKA: Thank you . Is 5 there someone else that would like to come 6 forward? 7 (No response) 8 MAYOR PROCHASKA: Hearing none, then 9 I open the floor to the Council . 10 MR . LESLIE : Dan, I have a couple 11 questions -- 12 MR . KRAMER: Sure . 13 MR. LESLIE : -- on the 126 spur . 14 Would that be -- I know the scheduling is through 15 IDOT . Would that happen concurrently, 16 after-the-fact , any idea on the timing? 17 And then also if you could 18 speak to the traffic studies, the lintersections , 19 and when those would be placed, and also with 20 the -- think you ' re going to have a -- are you 21 going to have a cut across Country Hills? Do 22 they line up? 23 MR. KRAMER: Mike , if you could 24 speak to that because you ' re a little bit closer Depo Court Reporting Service (630) 983-0030 13 1 to the drawing . 2 MR . SCHOPPE : I ' m going to step back 3 just so you can see it . Yes . The main entrance 4 is right here and that does align with Country 5 Hills Drive , so we do have that -- that line 6 taken care of . 7 MR . KRAMER : And -- 8 MR. SCHOPPE : Go ahead . 9 MR. KRAMER: I was just going to 10 say, Jason, we just got a letter from IDOT within 11 the last day that say they generally approve the 12 location of the intersections and so on . 13 What they ' ll have us to do 14 before we come in with our final site plan is do 15 a traffic study, and they ' ll look at warrants by 16 number of cars through the intersection that 17 there is now . 18 What they are sea saying is the 19 distances would be fine ultimately for a light . 20 We don ' t know what the warrants will turn out 21 yet , but if they tell us to do a light from the 22 get-go, I think it would frankly help Country 23 Hills . 24 MR. LESLIE : It would ease my mind. Depo Court Reporting Service (630) 983-0030 14 1 I drive out of there every day, and I know I ' ve 2 been beating a drum for a year and a half on the 3 traffic there . 4 I literally have to go all the 5 way down through Windett Ridge to turn northbound 6 or southbound . You can ' t get out of there from 7 the hours of 6 : 00 a . m. through 7 : 00 a . m. 8 MR. KRAMER: And I ' m sure the 9 afternoon is probably the same, the other flow, 10 right . 11 MR. LESLIE : Right . So it ' s a major 12 concern . It ' s a huge safety issue getting out of 13 my own subdivision. I want to make sure that 14 going forward with a plan like this that we ease 15 the traffic and address it and not exacerbate the 16 issue because it ' s bad now . 17 MR . KRAMER: Ultimately we 18 definitely see a light there . Like I said, if 19 IDOT would let us do it now, I think we would 20 encourage it, too, because it would make it 21 easier for our patients to get in and out . 22 I think on the east entrance, 23 Mike, if you can show them where that ' s at , 24 Route 71 -- Depo Court Reporting Service (630) 983-0030 15 1 MR . SCHOPPE : That would be here . 2 MR. KRAMER : That one they actually 3 asked us to slide it a little bit about a hundred 4 feet and so we have no quarrel with that , and so 5 we ' ll do what they say there . 6 The main collector road through 7 between 71 and 126, I would not look for that to 8 be built with the first phase ; in other words , I 9 think we would need more velocity of it either 10 they ' ve got -- they ' ve -- they show a potential 11 health club that you could have like some of the 12 hospitals have done, Edward has done it over in 13 Du Page, and Copley has done it, where they have 14 rehabilitation and health buildings as well or 15 another medical clinic, you know, something to 16 drive more traffic to get it to 126 , so I think 17 that would come in a second or a third phase . 18 MR. LESLIE : I think the other 19 comment I had, too, in your rezoning here , I just 20 want to make sure I ' m correct here on which 21 spots -- the buffering you ' re going to be putting 22 in this residential R-1 going in, is that 23 pre-existing R-1 as well? 24 MR. KRAMER: It was R-2 and it was Depo Court Reporting Service (630) 983-0030 16 1 R-2 now as well , right . In other words , actually 2 that residential actually was part of the 3 original what was intended under the PUD to be 4 R-2 , correct . 5 MR . LESLIE : I do -- The gentleman ' s 6 comments I think warrants -- it ' s a neat 7 character . I mean it ' s one of the few nice, you 8 know, homestead pieces of land we have, so I want 9 to make sure that it ' s done -- 10 MR . KRAMER: Sure . Well , and again, 11 this percentage what we ' re doing is we ' re saying 12 we ' re willing to take about virtually 30 percent , 13 not touch it at all, then add on to that the 50 14 foot rear conservation easement on each lot, and 15 as I say, we ' re willing to put in this exhibit 16 and that ' s what we ' ve talked about Staff of 17 upsizing lots so they wouldn ' t be 12 , 000 , they ' ll 18 be 16 at a minimum, and some will be 20 and 19 higher than that at the cul-de-sacs with the pie 20 shape, so we are preserving a goodly number . 21 MAYOR PROCHASKA: Anyone else? 22 MR. KRAMER: Paul? 23 MR. JAMES : Yeah . Basically I have 24 the same concern as what Jason has about Depo Count Reporting Service (630) 983-0030 17 1 Route 126 and 71 . Are we obtaining enough 2 easements that we can widen those roads to four 3 lanes plus a turn lane, you know, right now in 4 this agreement? 5 MR. KRAMER: Well , what we ' ve done 6 with IDOT -- I mean, we haven ' t dedicated 7 additional because they would come in, frankly, 8 and purchase that , but what we have done is 9 Mike ' s lined up his landscaping plan and the 10 intersection design and our setbacks to where we 11 think, from what IDOT has told us they want to 12 do, what they ultimately are going to be, in 13 other words , there ' s probably going to be 120 14 foot width right-of-ways , so there ' s no use 15 putting a berm where we ' ve got to dig it out and 16 everybody pay to move it, so we ' re going to step 17 back totally from there . 18 MR. JAMES : And from a hundred foot, 19 that would give us four lanes plus a turn lane? 20 MR. KRAMER: 120 would easily do 21 that . You can get a six-lane section in . 22 MAYOR PROCHASKA: Okay . Anyone 23 else? 24 (No Response) Depo Court Reporting Service (630) 983-0030 18 1 MR. POWELL : Yeah, just curious . I 2 know myself, which is Crooked Creek, our 3 subdivision ' s R-1 , and I think the subdivision on 4 the north side of 71 is also R-1 . You are making 5 these lots very large . 6 I am wondering why you are 7 going with R-2 , not R-1 zoning . 8 MR. KRAMER: Well , again, right now 9 under the PUD agreement these lots could have 10 been developed, they ' re R-2 anyway, so we ' re not 11 changing the zoning on that . 12 Most of the area that the 13 hospital and the medical facilities would 14 encompass were shown as R-2 on the original PUD; 15 so, in other words , we ' re giving up residences 16 for effective commercial or a community almost 17 quasi government-type use . 18 It was B-1 right at the very 19 tip, the way 126 and 71 come together, and Mother 20 Nature tells us that ' s not very practical, that ' s 21 where some detention has to go, so again, we ' re 22 getting rid of the B-1 totally, and actually some 23 of the M-1 bled over into this site , too, and 24 what ' s developed around it with Country Hills and Depo Court Reporting Service (630) 983-0030 99 1 the nice residential subdivisions to the south, 2 we think with the Woodstone development you 3 approved for us a few months ago with high-end 4 offices going in the north that you wouldn ' t want 5 manufacturing out there, so really what you ' re 6 trading off is a small amount of B-1 at the tip 7 and a lot of residential in the middle in return 8 for the hospital and medical uses . 9 That ' s kind of the trade-off 10 for the amendment . Jason? 11 MR. LESLIE : Yeah . I- have one quick 12 question also . 13 MR. KRAMER: Sure . 14 MR . LESLIE : 71 and 126 on the 15 Country Hills side, that ' s a B-1 zoning also in 16 that corner, it has not been built on, Mike? 17 MR. SCHOPPE : Right . This is 18 Country Hills . 19 MR. LESLIE : Right . 20 MR. SCHOPPE : This is undeveloped 21 area . 22 MR. KRAMER: You ' re absolutely 23 correct, Jason . 24 MR. LESLIE : Okay. I am just Depo Court Reporting Service (630) 983-0030 20 1 wondering in terms of the adjacent development do 2 you have a foresight -- you probably don ' t 3 represent that land owner I am assuming, but has 4 there been any thought to -- I don ' t know the 5 synergy in terms of the placement or what could 6 be there . 7 MR . KRAMER : Well , I can answer 8 that, kind of getting a little bit off task here . 9 Actually we ' re representing the property owner at 10 the other end of the intersection, right where 11 Mike ' s hand is -- 12 MR . LESLIE : Okay . 13 MR. KRAMER: --- and they ' ve 14 contacted Dennis , and Bart Dwyer, who still owns 15 the commercial from Country Hills . 16 If you look where that pond is , 17 again it kind of looks like Mother Nature put it 18 there , it ' s a low spot, but you ' re really as a 19 City giving up a lot of good commercial frontage 20 for stormwater, and they have some thoughts of 21 trying to work that out for both of them to try 22 to get their stormwater to the rear in some 23 fashion and, again, get more office uses up there 24 that would be complimentary to the hospital, so Depo Court Reporting Service (630) 983-0030 21 1 they certainly see it as way of playing off 2 against one another . 3 MR. LESLIE : So, in other words , 4 redirecting the retention area and then utilizing 5 that frontage? 6 MR. KRAMER : Right . And again, to 7 be complimentary to this use with offices rather 8 than a gas station or a McDonald ' s . 9 MR. LESLIE : That ' s really getting 10 to the question . You are altering the character 11 or focusing the character . 12 MR . KRAMER: Right . And with the 13 way 126 is being changed there is probably -- 14 synergy is a good word -- there is probably more 15 connection between those parcels than the 16 hospital here, frankly . 17 Again, what you ' re going to see 18 along 126 and 71 with the plan that Mike ' s 19 developed behind him is a lot of green space and 20 a lot of buffering and landscaping along the 21 road, so this should be a very, very nice entry 22 place for the City . 23 MR. SCHOPPE : The other thing we 24 need to keep in mind relative to that other Depo Court Reporting Service (630) 983-0030 22 1 undeveloped commercial property is how can that 2 property be accessed when it does develop and 3 does this development have any relationship to 4 that , and it certainly does . 5 This planned access , our 6 easterly planned access , we would envision that 7 that will become the full access into that 8 commercial property in this area and that full 9 access would be somewhere right in here . 10 MR . KRAMER: That ' s why that pond 11 really needs to go for everybody ' s benefit , 12 including the City and the property owner . 13 MR . SCHOPPE : It works for the 14 spacing for the new intersection, what will be 15 the new intersection of 126 and 71 , that full 16 access will be a quarter mile . 17 MR . LESLIE : Okay . 18 MR . SCHOPPE : Our main full access 19 will be another quarter mile, so that meets that 20 quarter mile full access spacing standard that 21 IDOT has . 22 MR . LESLIE : You would be basically 23 putting 126 and moving it northeasterly along for 24 that secondary access . Depo Court Reporting Service (630) 983-0030 23 1 MR . KRAMER: Exactly . 2 MR . LESLIE : That makes sense . 3 MR . KRAMER: Jim? 4 MR . BOCK : Addressing Mr . Devries ' 5 concerns , what percentage of the existing 6 woodland is going to remain after you build those 7 cul-de-sacs and the bigger lots? 8 MR . KRAMER : Probably about 40 9 percent of it . 10 MR . BOCK: 40 percent would be left? 11 MR . KRAMER: With no trees missing 12 at all , and then some trees obviously because 13 they have to comply with the ordinance . 14 MR . BOCK: When you say 16, 000 15 square foot lots on those cul-de-sacs , does that 16 include the 30 foot -- 17 MR . KRAMER: I 'm sorry, just so I 18 didn ' t mislead you, 16, 000 , not 60 . 19 MR . BOCK: Okay. Yeah, 16 . 20 MR . KRAMER: I didn ' t want to 21 misstate it for the record . 22 MR . BOCK: Does that include the 30 23 foot easement with trees? 24 MR . KRAMER : Correct , the 50 foot Depo Court Reporting Service (630) 983-0030 24 1 easement actually, so, yes , we would have -- a 50 2 foot would be included and a minimum of 16, and 3 like I said, my suspicion when Mike works out the 4 geometry, it will be -- the straighter lots will 5 be the 16 ' s , and when you get to the pie shaped 6 cul-de-sacs , you ' re going to be 22 , 23 , and 7 that ' s what a lot of the lots are around, 21 , 22 . 8 I mean, again, in talking to 9 the property owner, I mean, his view is , you 10 know, gee, the land ' s been there for years 11 anybody who wanted to come and buy it from me, I 12 would have sold it to them just like I would sell 13 it to these folks , so if these folks are nice 14 enough to set aside without any kind of credit, 15 aren ' t they being good neighbors? 16 MR . POWELL : I am concerned about 17 the traffic on 126, just as Jason is , on 71 . We 18 are beginning to have more and more problems 19 getting out of there, too, and if I remember 20 correctly, as you developed the business across 21 the street, there was going to be a light there 22 because it ' s coming righted into Crooked Creek. 23 MR. KRAMER: Exactly. In other 24 words , what we ' ve tried to do, Mike ' s tried to Depo Court Reporting Service (630) 983-0030 25 1 look at the spacing with IDOT moving the 2 intersection at 126 and we ' ve tried to locate our 3 access , so if we go right across the street to 4 the McKenna property and provide , you know, 5 enough velocity that you would have the warrants 6 or number of trips generate a light there as 7 well . 8 We agree that there should be a 9 light there ultimately, and again, that will 10 hasten commercial development for both parcels . 11 MR. POWELL : Follow-up question to 12 that more or less for public service, public 13 works . 14 MR. KRAMER : I ' ll get out of the way 15 if I ' m -- 16 MR . POWELL : Since the south side of 17 that is County residential and the north side of 18 that will be City business , who ' s going to 19 control the stoplight and who is going to 20 maintain it, the streetlights and stoplights , 21 whatever else is there? 22 MR . SCHOPPE : I would say we would, 23 Bill, just for the shear fact that one of the 24 legs is IDOT ' s , one leg would be ours , and one Depo Court Reporting Service (630) 983-0030 26 1 leg would be Kendall Township, actually not 2 Kendall County . 3 Kendall Township doesn ' t have 4 any other traffic signals, so we more than likely 5 would take care of the maintenance . 6 MAYOR PROCHASKA: Anyone else? 7 (No Response ) 8 MAYOR PROCHASKA: I have a couple 9 questions dealing with the actual agreement . 10 MR. KRAMER: Sure . 11 MAYOR PROCHASKA: When we are 12 talking about the fee structure for the -- on 13 Pages 6 and 7 to the agreement, and it talks 14 about the distance would not be required to pay 15 transition, length, which is common, but then the 16 next part we talked about the residential, it 17 would just stay very generic there, and I think 18 one of the things we ' ve talked about, I think 19 that we have even learned that municipally it ' s 20 not for us to overrule communities , we should be 21 a little more specific about our fees being 22 collected for the residential area, and I would 23 just ask that maybe if you say all customary and 24 normal fees as required are being paid to the Depo Court Reporting Service (630) 983-0030 27 1 United City of Yorkville, and I would like to 2 have where it says somewhere as listed in an 3 exhibit and we have an exhibit on those fees . 4 MR. KRAMER: That would be fine . 5 MAYOR PROCHASKA: If we would put 6 that in there . 7 And I guess the other question 8 I have -- and I don ' t know how many people are 9 here from the Wildwood subdivision, Bill lives 10 there and the Devries are here -- but one of the 11 questions I have is with that wooded area, I know 12 in the past the City has worked with developers 13 to find a way sometimes to preserve specifically 14 unique stands of trees and, Dan, if you recall we 15 did that in the industrial park across from F. E . 16 Wheaton there . 17 MR. KRAMER: Sure . 18 MAYOR PROCHASKA: And I 'm just -- 19 First of all , I guess my question is two part ; 20 number one is would the developer be willing to 21 put some kind OF wording in there that would 22 allow for us to look at some kind of separate 23 agreement that might allow us to preserve that 24 entire woodland should we be able to either work Depo Court Reporting Service (630) 983-0030 28 1 through grants or such, you know -- as , you know, 2 part of that would be turned over anyway, but 3 then the other question I have for the residents 4 that live in the existing part of Wildwood is , of 5 course , if we do that, that then becomes public 6 land which has public access to anyone who wants 7 to be in there and would they be okay with the 8 idea of that being public access near their home . 9 WHEREUPON : 10 BILL KOTTMANN, 11 testified before the Yorkville City Council as 12 follows : 13 MR . KOTTMAN : I ' m Bill Kottmann from 14 Edward . We certainly would be willing to look at 15 that . 16 From Edward ' s standpoint, we ' re 17 really not interested in purchasing the 18 residential area per se . I mean, we ' re doing it 19 because it ' s part of the parcel and we have to 20 take on the whole parcel , so if someone came in 21 the City or the residents and say we want to 22 purchase that whole thing, great . We will do 23 away with it now . 24 We think we are being good Depo Court Reporting Service(630) 983-0030 29 1 neighbors in terms of allocating a portion of 2 those woods , giving it back to the City, 3 maintaining that buffer, but that ' s really about 4 as far as we can go . 5 If there are other sources as 6 you say such as grants or something like that to 7 allow us to say we can preserve a bigger area, we 8 are definitely open to that . 9 MAYOR PROCHASKA: And I ask the 10 Council, what are your thoughts? Get some 11 language in the agreement that would allow us to 12 further explore , maybe go forward and do that in 13 that area? Anyone? 14 MR. JAMES : It ' s a good option . We 15 should have that option . 16 MR . KRAMER: Again, we have dealt 17 with some communities on the back end, you ' ve got 18 to think about maintenance because it isn ' t just 19 going to stand out there, there ' s going to be a 20 lot of dead trees over the years , there ' s going 21 to be a lot of costs , so I ' m not discouraging it , 22 we ' re not going to be Mr . T and we ' re not going 23 to be going in with chain saws and knocking 24 everything down, but it is very expensive to Depo Court Reporting Service (630) 983-0030 30 1 maintain, too, so it ' s like a horse, the cheapest 2 thing you do is buy it , so now what do you do . 3 MAYOR PROCHASKA: Again, I think 4 having a that option allows the City to look at 5 those options . 6 MR . KRAMER: Sure . 7 MAYOR PROCHASKA: I just want to 8 know that there is something in here, whether 9 it ' s a right of first refusal for that area or 10 something so this gives us the option to go in 11 there and at least look at that property. Mr . 12 Devries . 13 MR. DEVRIES : Yes . I think that it 14 is a unique woodland, unlike a lot of areas 15 around, there are trees that are over a hundred 16 years old and they ' ve been doing just fine for 17 that length of time and obviously there has been 18 some trees that have died, but there ' s been no 19 maintenance of that area , and it ' s a beautiful 20 woodland area, and I can ' t speak for everyone in 21 our subdivision, but having that as a public area 22 that people can enjoy would be a wonderful thing, 23 and I have pictures here that I ' d be happy to 24 share with anyone of the trees themselves, of the Depo Court Reporting Service (630) 983-0030 39 1 density of this woodland, and of the size of the 2 trees . 3 Again, from the last meeting I 4 showed a drawing of just the trees that were two 5 feet in diameter and larger, and there are a 6 substantial amount of trees that are in the 100 7 to 150 year old range trees , and just to destroy 8 those to put in 10 or 12 extra homes in there I 9 think would be a crime . 10 MAYOR PROCHASKA: Well , if you like, 11 you can certainly pass those around, we can look 12 at them, and if you are into that, we can then 13 attach them to the minutes , unless you want them 14 back. 15 MR . DEVRIES : Actually just the top 16 one . 17 MAYOR PROCHASKA: Okay . Anybody 18 else? 19 MR . JAMES : Just another thing is 20 the other subdivision, I forgot the name of it, 21 on the other side, we removed all the trees . 22 Once we cleared out all the 23 trees in that area, we ' ve got deer up in our 24 front lawn, you know, right now and all over, so Depo Court Reporting Service (630) 983-0030 32 1 something like this , there ' s a lot of deer and a 2 lot of animals in that area, and once we do clear 3 all those trees -- 4 MAYOR PROCHASKA: They ' re going to 5 go somewhere else . 6 MR . JAMES : -- there is no place to 7 go . 8 MS . DEVRIES : There is all kinds of 9 animals . We have a fox den out there, we have 10 deer running around. 11 MAYOR PROCHASKA: Can you state your 12 name? 13 WHEREUPON : 14 CAROLYN DEVRIES , 15 testified before the Yorkville City Council as 16 follows : 17 MS . DEVRIES : Carolyn Devries . 18 There is a lot of wildlife in there , a lot of 19 woods in there , beautiful trees . 20 MR . JAMES : So the sad part is 21 that ' s another area we cleared a bunch of trees 22 out for a subdivision and wildlife is -- it ' s got 23 no place to go right now . 24 MR . LESLIE : Yeah . I would agree in Depo Court Reporting Service (630) 983-0030 33 1 terms of the maintenance and the character . I ' m 2 very -- very envious of the Wildwood Estates . I 3 live right across the street . 4 If you look at the character 5 going from the east and the west , I think it ' s 6 worthwhile to preserve and work in tandem. 7 MR . KRAMER: Well , if you look at 8 Mike ' s plan along the separation between the 9 existing Crooked Creek -- Crooked Tree 10 subdivision and Wildwood, there is substantial 11 buffers there, so he ' s been very, very mindful of 12 that . 13 MR . LESLIE : Would it be possible, 14 too, if you look at the scope , is that an 15 entryway circle into Wildwood then, you have the 16 cul-de-sac coming south of the cul-de-sac, that 17 loop? 18 MR . SCHOPPE : Currently there is two 19 stubs for Wildwood, one is here and one is here, 20 so we would connect with those, but those would 21 be the only two access points or only two places 22 we connect to Wildwood. 23 MR. LESLIE : Sure . I guess you ' d 24 have roughly, what are we looking at , a dozen Depo Court Reporting Service (630) 983-0030 34 1 lots north of that loop in terms of preservation, 2 cut it off there? 3 MR. SCHOPPE : If you extended a line 4 right there, this is the end of the woods, you ' re 5 asking how many lots would be in the wooded area? 6 MR . LESLIE : Right . 7 MR . SCHOPPE : Yeah, it ' s in that 12 8 to 15 lot range . 9 MR . LESLIE : Yeah . What I ' m 10 speaking to is basically the scope of the 11 project . I don ' t know what the land value or 12 assessed land value, and if you were taking 13 half of the -- if we worked out some type of 14 financing, maybe there would be some more 15 willingness on the owners , we are not talking 16 about the entirety of the development, it can 17 still go through potentially with half the 18 development and save the entirety of the woodland 19 area, that ' s something to be very open to, and I 20 think that would be a nice meeting of the minds . 21 I ' d like to see that . I ' d like 22 to see the potential of that and know what the 23 economic impact would be . 24 MR. KRAMER: Well , I mean, we know Depo Court Reporting Service (630) 983-0030 35 1 what the economic impact would be, and it would 2 be fairly heavy, but we ' re willing -- you know, 3 if you can come up with grants or something, 4 they ' re not looking to make money on that , just 5 to cover costs , but if there is some way to do 6 that , sure, we ' re willing to talk about that . 7 MAYOR PROCHASKA: I would like to 8 see something in the agreement that allows for 9 that . 10 MR. KRAMER: That we can word in, we 11 have no problem at all, but the cost is 12 substantial , frankly, from what they are paying 13 for the land, so -- 14 MAYOR PROCHASKA: Yes . Rose . 15 MS . SPEARS : I would suggest that 16 our Staff talk to the Forest Preserve, the 17 Kendall County Forest Preserve District, our 18 Staff can maybe mention it to them, because there 19 are some grants out there right now . 20 MAYOR PROCHASKA: There is various 21 ones, and it seems like there is a lot of them 22 dealing with especially open space and 23 preservation of open space, so that ' s -- I ' m 24 thinking there may be something like that . Depo Court Reporting Service (630) 983-0030 36 1 MR. KRAMER: Well, and again, there 2 is -- certainly done them with the park board 3 before , the OSLAD Open Space Grant, but you ' ve 4 got to be very, very careful because if it looks 5 like there is anything in the agreement that 6 requires the developer to do it, then it 7 automatically gets pitched out from an OSLAD 8 Grant because they treat it as well , they must , 9 not may. 10 Very good . Thank you . If 11 there is any other questions . 12 MAYOR PROCHASKA: Other questions? 13 (No Response) 14 MAYOR PROCHASKA: I ' d entertain a 15 motion to close the public hearing. 16 MR . BOCK: So moved. 17 MR . WOLFER: Second . 18 MAYOR PROCHASKA: Moved and 19 seconded . May I have roll call , please? 20 MS . YOUNG: Bock. 21 MR . BOCK: Aye . 22 MS . YOUNG: Spears . 23 MS . SPEARS : Aye . 24 MS . YOUNG: Burd . Depo Court Reporting Service (630) 983-0030 37 1 MS . BURD : Aye . 2 MS . YOUNG: James . 3 MR . JAMES : Aye . 4 MS . YOUNG: Wolfer . 5 MR. WOLFER: Aye . 6 MS . YOUNG : And Leslie . 7 MR . LESLIE : Aye . 8 MAYOR PROCHASKA: Motion is carried. 9 (Which were all the 10 proceedings had in 11 the public hearing 12 portion of the 13 meeting . ) 14 ---000--- 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 38 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my ha this J y of 1 16 z�uq , 2007 . 17 18 19 20 _ I TIN VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 39 ---000--- 37:14 <A> amendment 7:22, 084-002883 38:24 a.m. 14:7, 14:7 19:10 < B > 124:2 able 9:3, 9:5, 27:24 amendments 5:10 B-1 3:9, 18:18, 10 31:8 above-entitled 1:7 amount 11:8, 19:6, 18:22, 19:6, 19:15 100 3:16, 31:6 absolutely 19:22 31:6 B-3 3:11 1107A 4:21 access 22:5, 22:6, animals 32:2, 32:9 back 8:23, 9:7, 13:2, 12 3:17, 15:7, 15:16, 22:7, 22:9, 22:16, ANN 2:8 17:17, 29:2, 29:17, 24:17, 31:8, 34:7 22:18, 22:20, 22:24, annexation 5:3, 7:21 31:14 12,00 16:17, 16:17 25:3, 28:6, 28:8, answer 9:21, 9:24, bad 14:16 12,000 8:5, 8:5, 33:21 20:7 Bart 20:14 10:23, 10:23 accessed 22:2 anticipate 6:3, 9:14 Basically 5:13, 9:12, 120 17:13, 17:20 acre 8:19, 8:21, 8:24 Anybody 24:11, 16:23, 22:22, 34:10 126 5:17, 12:13, acres 3:16, 9:6 31:17 beating 14:2 17:1, 18:19, 19:14, across 12:21, 24:20, anyway 18:10, 28:2 beautiful 30:19, 21:13, 21:18, 22:15, 25:3, 27:15, 33:3 appeared 2:17 32:19 22:23, 25:2 actual 4:24, 26:9 application 3:7, 6:19 become 22:7 15 34:8 Actually 15:2, 16:1, approval 5:7 becomes 28:5 150 31:7 16:2, 18:22, 20:9, approve 13:11 beginning 10:17, 16 16:18, 23:19, 24:5 24:1, 26:1, 31:15 approved 19:3 24:18 16,00 23:18, 23:18 add 16:13 approximately 3:16 behalf 2:17 16,000 8:8, 8:8, additional 8:24, 17:7 area 7:3, 7:22, 8:16, behind 7:23, 21:19 23:14, 23:14 additions 5:12 9:17, 10:21, 10:24, belabor 9:19 1701 10:16 address 4:21, 14:15 11:17, 18:12, 19:21, benefit 12:3, 22:11 2 24:6, 24:6, 24:7 Addressing 23:4 21:4, 22:8, 26:22, berm 17:15 20 16:18 adjacent 20:1 27:11, 28:18, 29:7, bigger 8:9, 23:7, 2006-8 3:4 Administrator 2:9 29:13, 30:9, 30:19, 29:7 2006-84 3:4 affect 6:20 30:20, 30:21, 31:23, Bill 25:23, 27:9, 2007. 38:18 aforesaid 38:14 32:2, 32:21, 34:5, 28:10, 28:13 22 24:7 after-the-fact 12:16 34:19 bit 8:18, 9:4, 12:24, 30 16:12, 23:16, afternoon 14:9 areas 30:14 15:3, 20:8 23:22 ago 19:3 around 11:24, 12:1, bled 18:23 40 23:8, 23:10 agree 25:8, 32:24 18:24, 24:7, 30:15, board 8:17, 36:2 50 8:11, 16:13, agreed 5:11, 8:6 31:11, 32:10 BOCK 2:7, 3:19, 4:9, 23:24, 24:1 agreement 5:3, 5:7, ARTHUR 2:2 4:10, 23:4, 23:10, 6 26:13 5:9, 17:4, 18:9, 26:9, aside 24:14 23:14, 23:19, 23:22, 60 23:18 26:13, 27:23, 29:11, assessed 34:12 36:16, 36:20, 36:21 6:00 14:7, 14:7 35:8, 36:5 assuming 20:3 bordering 5:22 7 22:15, 26:13 ahead 13:8 attach 31:13 Bridge 4:21 71 3:17, 5:18, 6:5, Alderman 2:3, 2:4, attorney 4:20 bring 5:24 14:24, 15:7, 17:1, 2:5, 2:6, 2:7, 2:8 audience 6:16, 9:22, buffer 29:3 18:4, 18:19, 19:14, align 13:4 10:5, 10:9 buffering 15:21, 21:18 Allegiance 3:1 automatically 36:7 21:20 71. 24:17 allocating 29:1 away 28:23 buffers 33:11 7:00 1:9, 1:9, 14:7, allow 3:11, 27:22, Aye 3:24, 4:2, 4:4, build 6:12, 10:23, 14:7 27:23, 29:7, 29:11 4:6, 4:8, 4:10, 36:21, 11:16, 12:1, 23:6 800 1:9 allows 30:4, 35:8 36:23, 37:1, 37:3, building 6:4, 11:19, almost 18:16 37:5, 37:7 11:20 altering 21:10 buildings 15:14 Depo Court Reporting Service(630) 983-0030 40 built 15:8, 19:16 close 36:15 12:9, 28:11, 29:10, Dennis 20:14 bunch 32:21 closer 12:24 32:15 densely 10:22 BURD 2:5, 4:5, 4:6, club 15:11 Country 12:21, 13:4, density 31:1 36:24, 37:1 collected 26:22 13:22, 18:24, 19:15, depending 9:2 Business 3:11, collector 15:6 19:18, 20:15 design 17:10 24:20, 25:18, 38:8 coming 24:22, 33:16 COUNTY 3:8, 3:18, destroy 11:1, 31:7 buy 24:11, 30:2 comment 15:19 25:17, 26:2, 35:17, destroyed 11:21 comments 16:6 38:3 detention 18:21 commercial 18:16, couple 10:1, 12:10, develop 22:2 < C > 20:15, 20:19, 22:1, 26:8 developed 7:5, 7:11, C.S.R. 1:8, 38:23 22:8, 25:10 course 28:5 9:14, 18:10, 18:24, call 3:22, 36:19 Commission 5:5 cover 9:15, 35:5 21:19, 24:20 calls 8:5 COMMITTEE 1:1 credit 8:23, 24:14 developer 7:5, Candleberry 10:16 common 26:15 Creek 5:19, 7:14, 27:20, 36:6 care 13:6, 26:5 communities 26:20, 18:2, 24:22, 33:9 developers 27:12 careful 36:4 29:17 crime 31:9 Development 2:11, Carolyn 32:14, 32:17 Community 2:11, CROIS 2:9 10:18, 11:13, 19:2, carried 4:11, 37:8 6:11, 6:23, 7:1, Crooked 5:19, 7:14, 20:1, 22:3, 25:10, cars 13:16 11:18, 18:16 18:2, 24:22, 33:9, 34:16, 34:18 cash 8:20 compensation 9:7 33:9 Devries 10:12, certainly 21:1, 22:4, completely 10:24 crop 9:15, 9:15 10:15, 10:16, 23:4, 28:14, 31:11, 36:2 complimentary CSR 38:24 27:10, 30:12, 30:13, Certified 38:7 20:24, 21:7 cul-de-sac 8:9, 31:15, 32:8, 32:14, chain 29:23 comply 23:13 33:16, 33:16 32:17, 32:17 change 5:6, 6:2 concept 3:13 cul-de-sacs 16:19, diameter 31:5 changed 21:13 concern 14:12, 23:7, 23:15, 24:6 died 30:18 changing 18:11 16:24 curious 11:7, 18:1 different 5:10 character 16:7, concerned 24:16 Currently 33:18 dig 17:15 21:10, 21:11, 33:1, concerns 23:5 customary 26:23 diligently 11:4 33:4 concurrently 12:15 cut 12:21, 34:2 Director 2:12 cheapest 30:1 connect 33:20, discouraging 29:21 CHRISTINE 1:8, 33:22 discussing 3:4 38:6, 38:23 connection 21:15 < D > distance 26:14 circle 33:15 conservation 8:12, D-812906 1:24 distances 13:19 City 1:2, 1:10, 2:9, 16:14 Dan 12:10, 27:14 District 3:12, 3:12, 2:10, 2:18, 3:7, 3:9, consists 3:15 Daniel 4:15, 4:19 35:17 3:10, 4:16, 8:22, 9:1, contacted 20:14 day 11:5, 13:11, doing 8:1, 11:5, 10:13, 20:19, 21:22, contains 38:14 14:1, 38:17 16:11, 28:18, 30:16, 22:12, 25:18, 27:1, control 25:19 dead 29:20 38:8 27:12, 28:11, 28:21, Copley 15:13 dealing 26:9, 35:22 donate 8:22 29:2, 30:4, 32:15 corner 3:16, 19:16 dealt 29:16 done 9:20, 11:4, clause 11:15 corporation 3:6 DEAN 2:6 15:12, 15:12, 15:13, claw 8:23 Correct 15:20, 16:4, dedicated 17:6 16:9, 17:5, 17:8, 36:2 clear 32:2 19:23, 23:24, 38:13 deer 31:23, 32:1, down 14:5, 29:24 cleared 31:22, 32:21 correctly 24:20 32:10 dozen 33:24 client 5:11 cost 11:22, 35:11 definitely 14:18, draft 5:8 clinic 5:24, 6:4, 6:11, costs 29:21, 35:5 29:8 drainage 9:17 15:15 Council 4:16, 10:13, den 32:9 drawing 13:1, 31:4 Depo Court Reporting Service (630) 983-0030 41 Drive 13:5, 14:1, Exactly 23:1, 24:23 16:14, 17:14, 17:18, green 7:23, 9:14, 15:16 exhibit 7:21, 8:2, 23:15, 23:16, 23:23, 21:19 drum 14:2 16:15, 27:3, 27:3 23:24, 24:2 growth 7:24 drying 10:23 existing 5:20, 7:14, foregoing 38:11, guess 27:7, 27:19, Du 15:13 7:17, 23:5, 28:4, 33:9 38:12 33:23 duly 38:6 expect 9:7 foresight 20:2 Dwyer 20:14 expensive 29:24 Forest 35:16, 35:17 explore 29:12 forgot 31:20 < H > extended 34:3 forward 10:9, 10:10, half 14:2, 34:13, < E > extensive 11:3 12:6, 14:14, 29:12 34:17 ease 13:24, 14:14 extra 31:8 forwarded 5:8 hand 20:11, 38:17 easement 8:13, four 8:1, 17:2, 17:19 happen 12:15 16:14, 23:23, 24:1 Fox 4:24, 32:9 happy 9:21, 9:24, easements 17:2 < F > Frankly 7:7, 13:22, 30:23 easier 14:21 F. 2:2 17:7, 21:16, 35:12 hardwood 8:14 easily 17:20 facilities 18:13 front 31:24 hasten 25:10 east 14:22, 33:5 fact 25:23 frontage 20:19, 21:5 head 7:3 easterly 22:6 fairly 6:3, 35:2 full 22:7, 22:8, Health 3:5, 4:23, economic 34:23, far 5:11, 11:8, 29:4 22:15, 22:18, 22:20 15:11, 15:14 35:1 Farm 1:9, 4:24 Hearing 3:3, 3:13, Edward 3:5, 4:23, farmland 9:13 4:12, 5:2, 5:4, 6:18, 15:12, 28:14, 28:16 fashion 20:23 < G > 9:20, 12:8, 36:15, effective 18:16 fee 26:12 Game 1:9 37:11, 38:11, 38:15 effects 7:17 feel 6:22 gas 21:8 hearings 9:23 either 15:9, 27:24 fees 8:23, 26:21, gee 24:10 heavy 7:24, 35:2 encompass 18:14 26:24, 27:3 generally 5:17, 5:18, help 11:21, 13:22 encourage 14:20 feet 8:8, 8:11, 15:4, 13:11 hereunto 38:16 end 10:17, 20:10, 31:5 generate 25:6 high-end 7:12, 7:16, 29:17, 34:4 few 11:21, 16:7, 19:3 generic 26:17 19:3 enjoy 30:22 filed 3:6 gentleman 16:5 higher 16:19 enough 17:1, 24:14, final 13:14 geometry 9:2, 24:4 Hills 12:21, 13:5, 25:5 financing 34:14 get-go 13:22 13:23, 18:24, 19:15, entertain 3:3, 36:14 find 27:13 gets 36:7 19:18, 20:15 entire 27:24 fine 13:19, 27:4, getting 14:12, 18:22, hilly 9:12 entirety 34:16, 34:18 30:16 20:8, 21:9, 24:19 home 28:8 entrance 13:3, 14:22 First 9:23, 10:5, give 9:4, 10:8, 10:9, homes 7:13, 10:24, entry 21:21 15:8, 27:19, 30:9, 17:19 11:16, 11:21, 12:2, entryway 33:15 38:6 gives 30:10 31:8 envious 33:2 five 8:1 giving 18:15, 20:19, homestead 16:8 envision 22:6 floor 12:9 29:2 horse 30:1 equivalent 8:18 flow 14:9 goal 5:24 hospital 5:23, 6:9, especially 35:22 focusing 21:11 goodly 16:20 6:13, 6:20, 7:9, 7:11, Estates 33:2 folks 9:21, 24:13, government-type 11:22, 18:13, 19:8, everybody 17:16, 24:13 18:17 20:24, 21:16 22:11 Follow-up 25:11 Grant 36:3, 36:8 hospitals 6:24, everyone 30:20 follows 4:17, 10:14, grants 28:1, 29:6, 15:12 everything 29:24 28:12, 32:16 35:3, 35:19 hour 1:9 exacerbate 14:15 foot 8:5, 10:23, great 28:22 hours 14:7 Depo Court Reporting Service (630) 983-0030 42 housing 7:16, 7:18 Jerry 6:6 left 5:14, 23:10 20:19, 21:19, 21:20, huge 14:12 Jim 23:3 leg 25:24, 26:1 24:7, 29:20, 29:21, hundred 15:3, 17:18, JOHN 2:9, 2:16 legs 25:24 30:14, 32:1, 32:2, 30:15 JUSTIN 2:16 length 26:15, 30:17 32:18, 32:18, 34:8, LESLIE 2:4, 3:23, 35:21 3:24, 10:1, 10:6, lots 7:6, 7:23, 8:5, < I > < K > 12:10, 12:13, 13:24, 8:7, 8:12, 9:3, 10:24, idea 12:16, 28:8 keep 21:24 14:11, 15:18, 16:5, 16:17, 18:5, 18:9, IDOT 12:15, 13:10, Kendall 3:8, 3:18, 19:11, 19:14, 19:19, 23:7, 23:15, 24:4, 14:19, 17:6, 17:11, 26:1, 26:2, 26:3, 19:24, .20:12, 21:3, 24:7, 34:1, 34:5 22:21, 25:1, 25:24 35:17 21:9, 22:17, 22:22, low 9:15, 20:18 11 5:20, 10:17 kept 7:12 23:2, 32:24, 33:13, 111 5:20 kind 6:12, 9:12, 33:23, 34:6, 34:9, Illinois 1:2, 1:10, 19:9, 20:8, 20:17, 37:6, 37:7 < M > 2:18, 3:5, 3:8, 3:18, 24:14, 27:21, 27:22 less 25:12 M-1 3:10, 18:23 4:21, 4:22, 38:1, 38:9 kinds 32:8 letter 13:10 M. 1:8, 38:6, 38:23 immediately 6:1 knocking 29:23 License 38:24 main 13:3, 15:6, impact 34:23, 35:1 KOTTMAN 28:13 licensed 4:20 22:18 improve 9:16 Kottmann 28:10, licensing 6:14 maintain 25:20, 30:1 in. 17:21 28:13 light 13:19, 13:21, maintaining 29:3 inches 8:14 14:18, 24:21, 25:6, maintenance 26:5, include 23:16, 23:22 25:9 29:18, 30:19, 33:1 included 24:2 < L> likely 26:4 major 14:11 including 22:12 Lance 10:12, 10:15 line 12:22, 13:5, 34:3 manufacturing 19:5 indicated 5:23, 8:17 land 7:15, 8:19, lined 17:9 MARLYS 2:13 indicating 6:7 8:20, 10:20, 11:17, lintersections 12:18 matter 1:7 industrial 27:15 16:8, 20:3, 24:10, listed 27:2 mature 7:24 initial 6:8 28:6, 34:11, 34:12, literally 14:4 MAYOR 2:2, 3:2, intended 16:3 35:13 little 8:18, 9:4, 3:21, 4:11, 5:1, 10:4, interested 6:16, landscape 11:11 12:24, 15:3, 20:8, 10:7, 12:4, 12:8, 28:17 landscaping 17:9, 26:21 16:21, 17:22, 26:6, intersection 3:17, 21:20 live 10:16, 28:4, 33:3 26:8, 26:11, 27:5, 13:16, 17:10, 20:10, Lane 10:16, 17:3, lives 27:9 27:18, 29:9, 30:3, 22:14, 22:15, 25:2 17:19 local 6:17 30:7, 31:10, 31:17, intersections 13:12 lanes 17:3, 17:19 locate 25:2 32:4, 32:11, 35:7, issue 14:12, 14:16 language 5:10, located 5:16, 6:4 35:14, 35:20, 36:12, 29:11 location 6:7, 13:12 36:14, 36:18, 37:8 large 7:24, 8:13, long-range 6:9 Mcdonald 21:8 < J > 18:5 look 10:21, 13:15, Mckenna 25:4 J. 4:15, 4:19 larger 31:5 15:7, 20:16, 25:1, mean 16:7, 17:6, JAMES 2:3, 2:7, 4:3, LASALLE 38:3 27:22, 28:14, 30:4, 24:8, 24:9, 28:18, 4:4, 16:23, 17:18, last 13:11, 31:3 30:11, 31:11, 33:4, 34:24 29:14, 31:19, 32:6, law 4:20 33:7, 33:14 medical 9:10, 15:15, 32:20, 37:2, 37:3 lawn 31:24 looked 11:10 18:13, 19:8 Jason 2:4, 10:3, lays 9:3 looking 33:24, 35:4 MEETING 1:1, 1:6, 13:10, 16:24, 19:10, learned 26:19 looks 20:17, 36:4 6:17, 7:8, 31:3, 34:20 19:23, 24:17 least 8:7, 8:21, 8:24, loop 33:17, 34:1 meeting. 37:13 Jeremy 7:3 30:11 lot 9:13, 16:14, 19:7, meets 22:19 Depo Cour`Reporting Service (630) 983-0030 43 mention 35:18 10:4, 15:9, 21:24 Open 9:12, 9:13, percentage 16:11, mentioned 10:19 needs 22:11 12:9, 29:8, 34:19, 23:5 met 7:19, 8:17 negative 7:17 35:22, 35:23, 36:3 perimeter 12:1 middle 19:7 neighbor 7:8, 11:18 opening 5:2 permission 6:12 Mike 6:6, 9:3, 12:23, neighbors 6:18, opportunity 10:8 permitted 3:11 14:23, 17:9, 19:16, 7:13, 24:15, 29:1 opposed 8:20 petitioner 3:6, 3:14, 20:11, 21:18, 24:3, new 9:22, 22:14, option 29:14, 29:15, 4:13, 4:23 24:24, 33:8 22:15 30:4, 30:10 Phase 5:20, 5:20, mile 22:16, 22:19, next 26:16 options 30:5 6:8, 10:17, 15:8, 22:20 nice 16:7, 19:1, ordinance 8:4, 15:17 MILLER 2:11 21:21, 24:13, 34:20 11:11, 11:15, 23:13 photos 11:2 mind 13:24, 21:24 No. 38:24 original 16:3, 18:14 pictures 30:23 mindful 33:11 none 12:8 OSLAD 36:3, 36:7 pie 16:19, 24:5 minds 34:20 normal 26:24 overall 7:2 pieces 16:8 minimum 8:5, 8:8, north 5:18, 7:1, 18:4, overrule 26:20 pitched 36:7 16:18, 24:2 19:4, 25:17, 34:1 own 14:13 place 11:11, 11:12, Minute 2:13 northbound 14:5 owner 4:24, 20:3, 21:22, 32:6, 32:23 minutes 31:13 northeasterly 22:23 20:9, 22:12, 24:9 placed 12:19 mislead 23:18 not-for-profit 3:6 owners 34:15 placement 20:5 missing 23:11 notes 38:13 ownership 9:2 places 33:21 misstate 23:21 notice 5:2 owns 20:14 Plainfield 6:19 money 35:4 Number 8:4, 13:16, Plan 5:5, 5:13, 7:2, months 19:3 16:20, 25:6, 27:20 8:1, 13:14, 14:14, Mother 18:19, 20:17 numerous 6:17 < P > 17:9, 21:18, 33:8 Motion 3:3, 4:11, P.M. 1:9 planned 22:5, 22:6 36:15, 37:8 Page 15:13 playing 21:1 move 17:16 < O > Pages 26:13 please 3:22, 36:19 Moved 3:19, 3:21, oath 38:7 paid 26:24 Pledge 3:1 36:16, 36:18 obtaining 17:1 parcel 5:16, 28:19, plus 17:3, 17:19 moving 22:23, 25:1 Obviously 6:10, 28:20 points 33:21 MS 2:5, 2:8, 2:13, 23:12, 30:17 parcels 21:15, 25:10 pond 20:16, 22:10 3:20, 3:23, 4:1, 4:3, office 20:23 park 8:17, 8:19, population 6:22, 4:5, 4:6, 4:7, 4:8, 4:9, offices 19:4, 21:7 8:21, 27:15, 36:2 10:22 32:8, 32:17, 35:15, Okay 17:22, 19:24, part 16:2, 26:16, portion 29:1, 37:12 36:20, 36:22, 36:23, 20:12, 22:17, 23:19, 27:19, 28:2, 28:4, possible 11:16, 36:24, 37:1, 37:2, 28:7, 31:17 28:19, 32:20 33:13 37:4, 37:6 old 30:16, 31:7 pass 31:11 possibly 9:9 municipally 26:19 on-site 9:17 past 7:20, 27:12 potential 15:10, myself 18:2 Once 31:22, 32:2 patients 14:21 34:22 One 6:15, 7:1, 7:1, Paul 2:3, 16:22 potentially 34:17 7:3, 7:10, 7:19, pay 17:16, 26:14 POWELL 2:10, 18:1, < N > 10:19, 15:2, 16:7, paying 35:12 24:16, 25:11, 25:16 name 4:19, 10:10, 19:11, 21:2, 25:23, PC 3:4 practical 18:20 10:15, 31:20, 32:12 25:24, 25:24, 26:18, people 9:22, 10:5, practice 4:20 Nature 18:20, 20:17 27:10, 27:20, 31:16, 27:8, 30:22 pre-existing 15:23 near 28:8 33:19, 33:19 per 28:18 presentation 9:20 neat 16:6 One-family 3:12 percent 16:12, 23:9, preservation 11:14, need 6:10, 6:24, ones 35:21 23:10 11:14, 34:1, 35:23 Depo Court Reporting Service(630) 983-0030 44 Preserve 27:13, 20:17, 27:5, 27:21, relative 21:24 sad 32:20 27:23, 29:7, 33:6, 31:8 remain 23:6 safety 14:12 35:16, 35:17 putting 15:21, 17:15, remember 24:19 save 34:18 preserved 9:1 22:23 removal 9:11 saws 29:23 preserving 9:8, removed 8:15, 31:21 saying 8:20, 13:18, 16:20 REPORT 1:6 16:11 private 7:5 < Q > reported 38:10 says 27:2, 38:7 Probably 7:7, 14:9, quarrel 15:4 Reporter 38:8 scheduling 12:14 17:13, 20:2, 21:13, quarter 22:16, represent 4:22, 20:3 SCHOPPE 9:3, 13:2, 21:14, 23:8 22:19, 22:20 Representative 4:12 13:8, 15:1, 19:17, problem 35:11 quasi 18:17 representing 20:9 19:20, 21:23, 22:13, problems 24:18 question 19:12, requesting 3:8 22:18, 25:22, 33:18, PROCEEDINGS 1:6, 21:10, 25:11, 27:7, require 9:11 34:3, 34:7 37:10, 38:11, 38:15 27:19, 28:3 required 26:14, scope 33:14, 34:10 process 5:24, 6:14, questions 6:15, 7:8, 26:24 se. 28:18 6:19 9:21, 10:2, 10:10, requires 36:6 sea 13:18 PROCHASKA 2:2, 12:11, 26:9, 27:11, Residence 3:12 Second 3:20, 15:17, 3:2, 3:21, 4:11, 10:4, 36:11, 36:12 residences 18:15 36:17 10:7, 12:4, 12:8, quick 6:3, 19:11 residential 5:21, secondary 22:24 16:21, 17:22, 26:6, 7:23, 8:7, 10:18, seconded 3:22, 26:8, 26:11, 27:5, 10:23, 15:22, 16:2, 36:19 27:18, 29:9, 30:3, < R > 19:1, 19:7, 25:17, section 10:18, 17:21 30:7, 31:10, 31:17, R-1 15:22, 15:23, 26:16, 26:22, 28:18 seeing 11:19 32:4, 32:11, 35:7, 18:3, 18:4, 18:7 residents 28:3, seems 35:21 35:14, 35:20, 36:12, R-2 3:9, 3:12, 15:24, 28:21 seen 5:9 36:14, 36:18, 37:8 16:1, 16:4, 18:7, Response 12:7, sell 7:4, 24:12 project 6:9, 34:11 18:10, 18:14 17:24, 26:7, 36:13 sense 23:2 property 3:15, 4:24, R-4 3:9 retention 9:16, 21:4 separate 27:22 5:22, 20:9, 22:1, range 31:7, 34:8 return 19:7 separation 33:8 22:2, 22:8, 22:12, rather 6:13, 9:15, rezoning 3:8, 15:19 Service 3:11, 6:23, 24:9, 25:4, 30:11 21:7 rid 18:22 7:1, 25:12 propose 7:4 read 5:1 Ridge 14:5 set 24:14, 38:16 provide 25:4 real 3:15 right-of-ways 17:14 setbacks 17:10 public 3:3, 4:12, 5:2, really 11:16, 19:5, righted 24:22 shaded 7:22 5:4, 6:18, 9:19, 20:18, 21:9, 22:11, Road 1:10, 15:6, shame 11:23 25:12, 25:12, 28:5, 28:17, 29:3 21:21 shape 16:20 28:6, 28:8, 30:21, rear 8:11, 16:14, roads 17:2 shaped 24:5 36:15, 37:11, 38:11, 20:22 roll 3:22, 36:19 share 30:24 38:15 recall 27:14 Rose 2:8, 35:14 shear 25:23 PUD 3:10, 3:13, 5:7, receive 6:12 roughly 33:24 Shorthand 38:8, 5:8, 7:21, 16:3, 18:9, recommended 5:6 round 8:21 38:10, 38:13 18:14 record 4:19, 5:17, Route 3:17, 3:17, show 6:7, 7:13, purchase 17:8, 23:21 5:17, 5:18, 6:5, 14:23, 15:10 28:22 redirecting 21:4 14:24, 17:1 showed 31:4 purchasing 28:17 reduce 11:22 running 32:10 shown 18:14 purpose 3:4 refusal 30:9 side 6:1, 6:5, 18:4, purposes 5:17 rehabilitation 15:14 19:15, 25:16, 25:17, put 11:21, 16:15, relationship 22:3 < S > 31:21 Depo Court Reporting Service (630) 983-0030 45 signals 26:4 10:10, 32:11, 38:1, tells 18:20 tried 24:24, 24:24, significantly 9:16 38:8 ten-acre 11:20 25:2 single-family 7:6, station 21:8 terms 7:2, 20:1, trips 25:6 7:13 stay 26:17 20:5, 29:1, 33:1, 34:1 true 38:12 site 13:14, 18:23 step 13:2, 17:16 testified 4:16, 10:13, try 12:1, 20:21 sites 9:13 steward 10:20, 28:11, 32:15 trying 11:18, 20:21 six 8:13 11:17 themselves 9:10, turn 13:20, 14:5, six-lane 17:21 stewards 7:15 30:24 17:3, 17:19 size 11:9, 31:1 stoplight 25:19 they'll 13:13, 13:15, turned 28:2 slide 15:3 stoplights 25:20 16:17 two 6:24, 9:6, 9:23, small 19:6 stormwater 9:16, they've 11:4, 11:8, 27:19, 31:4, 33:18, snow 11:5 20:20, 20:22 15:10, 15:10, 20:13, 33:21, 33:21 sold 7:12, 24:12 straighter 24:4 30:16 type 9:14, 34:13 someone 12:5, Street 4:22, 24:21, thinking 35:24 28:20 25:3, 33:3 third 15:17 sometimes 27:13 streetlights 25:20 thoughts 7:10, < U > somewhere 22:9, strict 6:14 20:20, 29:10 Ultimately 6:23, 27:2, 32:5 structure 26:12 three 9:6 13:19, 14:17, 17:12, sorry 10:6, 23:17 stubs 33:19 timing 12:16 25:9 sources 29:5 studies 12:18 tip 18:19, 19:6 unanimously 5:6 South 4:21, 5:18, study 13:15 together 18:19 undeveloped 19:20, 6:1, 6:5, 7:1, 19:1, subdivision 5:19, tonight 5:3 22:1 25:16, 33:16 5:21, 8:7, 14:13, top 31:15 unique 27:14, 30:14 southbound 14:6 18:3, 18:3, 27:9, totally 17:17, 18:22 United 1:2, 2:17, 3:7, Space 21:19, 35:22, 30:21, 31:20, 32:22, touch 16:13 3:9, 3:10, 27:1 35:23, 36:3 33:10 town 6:1 unless 31:13 spacing 22:14, subdivisions 5:21, Township 26:1, 26:3 unlike 30:14 22:20, 25:1 19:1 trade-off 19:9 upsizing 16:17 speaking 34:10 substantial 31:6, trading 19:6 uses 3:11, 9:10, SPEARS 2:8, 3:20, 33:10, 35:12 traffic 12:18, 13:15, 19:8, 20:23 4:7, 4:8, 35:15, successful 6:2 14:3, 14:15, 15:16, utilizing 21:4 36:22, 36:23 suggest 35:15 24:17, 26:4 specific 26:21 supposed 11:12, transcript 38:13 specifically 27:13 11:13 transition 26:15 <V > spot 20:18 survey 11:5 TRAVIS 2:11 VALERIE 2:5 spots 15:21 surveys 11:3 Treasurer 2:10 Valley 4:24 spur 12:13 suspicion 24:3 treat 36:8 value 34:11, 34:12 square 8:5, 8:8, sworn 38:7 Tree 11:3, 11:14, various 35:20 10:23, 23:15 synergy 20:5, 21:14 33:9 velocity 15:9, 25:5 ss 38:2 trees 7:24, 8:13, Ventures 3:5, 4:23 Staff 5:11, 7:20, 8:3, 8:14, 9:8, 9:11, view 24:9 16:16, 35:16, 35:18 < T> 10:22, 11:6, 11:9, virtually 16:12 stand 29:19 Taker 2:13 11:9, 23:11, 23:12, VITOSH 1:8, 38:6, standard 22:20 talked 5:15, 8:2, 23:23, 27:14, 29:20, 38:23 standpoint 28:16 16:16, 26:16, 26:18 30:15, 30:18, 30:24, stands 27:14 talks 26:13 31:2, 31:4, 31:6, starting 6:3 tandem 33:6 31:7, 31:21, 31:23, <W> State 4:20, 6:12, task 20:8 32:3, 32:19, 32:21 wanted 8:19, 24:11 Depo Court Reporting Service(630) 983-0030 46 wants 28:6 word 21:14, 35:10 warrants 13:15, wording 27:21 13:20, 16:6, 25:5 words 9:5, 15:8, week 7:20 16:1, 17:13, 18:15, west 3:16, 5:22, 33:5 21:3, 24:24 whatever 11:5, 25:21 work 11:24, 12:1, Wheaton 27:16 12:2, 20:21, 27:24, WHEREOF 38:16 33:6 WHEREUPON 4:14, worked 27:12, 34:13 10:11, 28:9, 32:13 works 22:13, 24:3, whether 6:19, 30:8 25:13 WHOLE 1:1, 28:20, worthwhile 33:6 28:22 WYETH 2:16 widen 17:2 width 17:14 wildlife 32:18, 32:22 <Y> Wildwood 5:20, year 14:2, 31:7 7:14, 10:17, 27:9, years 24:10, 29:20, 28:4, 33:2, 33:10, 30:16 33:15, 33:19, 33:22 yellow 7:4 will 6:22, 9:1, 9:11, Yorkville 1:2, 1:10, 9:16, 13:20, 16:18, 2:18, 3:7, 3:9, 3:10, 22:7, 22:14, 22:16, 3:18, 4:16, 4:22, 22:19, 24:4, 24:4, 10:13, 11:19, 27:1, 25:9, 25:18, 28:22 28:11, 32:15 WILLIAM 2:10 YOUNG 2:13, 3:23, willing 7:16, 8:22, 4:1, 4:3, 4:5, 4:7, 4:9, 16:12, 16:15, 27:20, 36:20, 36:22, 36:24, 28:14, 35:2, 35:6 37:2, 37:4, 37:6 willingness 34:15 Windett 14:5 within 13:10 < Z > without 24:14 zoning 3:10, 5:6, WITNESS 38:16 6:2, 18:7, 18:11, WOLFER 2:6, 4:1, 19:15 4:2, 36:17, 37:4, 37:5 wonderful 30:22 wondering 18:6, < Dates > 20:1 december 19, 2006 wooded 7:22, 8:16, 1:8, 1:8, 1:9 10:22, 27:11, 34:5 woodland 8:24, 11:1, 11:20, 11:24, 23:6, 27:24, 30:14, 30:20, 31:1, 34:18 woods 29:2, 32:19, 34:4 Woodstone 19:2 Depo Court Reporting Service(630) 983-0030 Page 1 of 10 ORA UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday,January 2,2007—7:00 pm In Attendance: Cit-V Art Prochaska-Mayor Travis Miller—Community Development Director Rose Spears—Alderman John Crois—Interim City Administrator Dean Wolfer—Alderman David Mogle—Executive Director Parks &Rec. Jim Bock—Alderman Bart Olson—Assistant City Administrator Paul James—Alderman John Wyeth—City Attorney Valerie Burd—Alderman Susan Mika—Finance Director Jason Leslie—Alderman Bill Powell—Treasurer Marty Munns—Alderman Joe Besco -Alderman Guests Dan Kramer-Attorney Kelly Kramer—Attorney Derke Price—Attorney Heather Gillers—Beacon News Wally Werderich Kathy Farren—Kendall County Record Many other guests who did not sign in. Mayor Art Prochaska called the meeting to order at 7:00pm. PUBLIC HEARINGS: None PRESENTATIONS: None (next item out of sequence) MAYOR: L North Star Parcel AnnexationlCharles B. Phillips Public Library District Issues Attorney Wyeth said that he had spoken with the Newark Library District Attorney just recently and the attorney had concerns about the potential of the tax base being eroded. They want the opportunity to weigh in on that issue. With proper notice, they will have opportunity(within 60 days) to lodge an objection. Mr. Wyeth directed Council attention to a letter contained in the Councilmen's packets, from the annexed property owner. Attorney John Phillipchuck was in attendance to represent Fox Moraine LLC. A portion of the property(490 acres) was taken from the North Star Trust and placed in the Fox Moraine LLC, resulting in two ownerships. He said Attorney Wyeth had brought to their attention,that notification of the annexation must be given to the Library District. Page 2of10 The far west end of the property is in the Newark Library District. Notice was sent to the Yorkville Library District in error,therefore a new plat of annexation was brought forth. A second vote of the annexation and Sleepy Hollow Road vacation is now necessary. Mr. Phillipchuck pointed out that the Library District falls on the section line, a large portion of the property is annexed and a portion of Sleepy Hollow Road was properly annexed. He said he would answer questions from the Council. Alderman Spears said if a new petition is being submitted,then the entire process would need to be undertaken,not simply a re-vote. She handed out copies of a State Statute that indicated that "no ordinance shall be passed vacating any street or alley under a muncipality's jurisdiction and within an unincorporated area without notice. Therefore, and a hearing thereon at least 15 days prior to such a hearing. Notice of its time,place and subject matter shall be published in the newspaper ofgeneral circulation within the unincorporated area which the street or alley proposed for vacation services. At the hearing, all interested persons shall be heard concerning the proposal for vacation." She said that part of the annexation is void due to failure to give notice to the Library. She said a Public Hearing would be required due to this Statute. Attorney Phillipchuck disagreed and said since the property is in the City at that point, the Council would have a right to vote to vacate the road. She countered that the property is not in the City. She encouraged the Council to not honor that request and said that liability suits have been filed against the City. A legal opinion from Attorney Wyeth was requested and he said there is no requirement for a Public Hearing on an annexation. Annexation agreements, however,require hearings. Regarding the road vacation issue, the Public Hearing is for roadways that are in unincorporated areas,but under municipal jurisdiction. Mayor Prochaska said that Game Farm Road is a similar situation because the City has an agreement with the township,but a portion is outside the City. Van Emmon Road is another example. Attorney Wyeth further stated there is no need for a Public Hearing regarding the road vacation. Ms. Spears referred to a letter regarding"material breach" from Attorneys Dommermuth, Brestal &West indicating only a portion of Sleepy Hollow Road was vacated. She said Attorney Phillipchuck's client was breaching contract by not notifying the Library District. He replied that the lack of notification was not a breach,but just renders annexation of that portion of property,invalid. She requested the City send a similar letter stating breach of contract. Alderman Burd asked why the Council does not annex just the portion of the property not in the City limits,rather than redoing the entire process. Ms. Burd added that the Library District needs time to respond to the notification and she would like to hear their feedback. She also encouraged holding another Public Hearing. She said that the City has never had so many lawsuits. Page 3 of 10 It was noted that the 180-day time period will not be stopped due to this new information. The annexation and host agreements are not governed by the jurisdiction of the City boundaries according to Attorney Wyeth. Mr. Wolfer said he had called the State Director of Public Opinions and Ethics at the Attorney General's Office and asked him to offer an opinion to make sure the proposed process is correct. Alderman Wolfer also asked for written minutes of that call and that they be given to the Council members. Mr. Wyeth will follow-up on that suggestion. Alderman Leslie noted that when the last vote was taken,he was the"swing vote" and he will not be pressured again. It was noted that a re-vote will require a simple majority of five aldermen for the annexation while the road vacation requires six aldermen to vote. Ms. Burd suggested removing the road vacation portion from the re-vote. Mayor Prochaska clarified that there are 3 votes to be done: 1) annex, 2) zone and 3)vacate. If the Council goes beyond the 180-day time limit,Alderman Wolfer asked if there was danger of the landfill being approved by default. Attorney Derke Price said it would be an incredible gamble and that the process needs to be continued. He also gave the reasons why. The annexation agreement contains a provision that says that the Council has agreed to bring the land to the City and it will be part of the municipality when it is eligible(by contiguity or when notices are proper). The Environmental Protection Act states that no action after 180 days automatically approves the landfill. If the agreement goes in by default or court order, the host agreement will not apply. He recommended that the City go forward with the process for those reasons. Alderman Leslie posed the question if the landfill construction could begin if the City did not formally annex the property immediately, and perhaps even two years from now. Mr. Price said it was likely that a lawsuit would be filed in that case. Ms. Spears cited a case where notice had not been given to a Library District and it was ruled that the annexation was not"effective". However, Mr. Price said there is no notice requirement for the annexation agreement. He said the property is not eligible to be brought into the City until the notice is given,but the City has agreed to take it in at that point. Ms. Spears said she felt it would be wise to hold a Public Hearing to allow the Newark Library District a chance to address their concerns. Alderman Spears also asked to respond to recommendations from Attorney Wyeth. She said the entire intent of applicable statutes is to allow the various districts a chance to be heard. She questioned if the annexation agreement is even valid and cited portions of a letter from Mr. Wyeth. Page 4 of 10 Ms. Burd questioned if there is any case law that supports the fact that Aldermen are not to voice opinions once the annexation agreement is approved. She also asked why the road vacation required a super majority. Mr. Price answered that once the annexation agreement is approved by the requisite number of votes, the oath of office becomes effective—to do what is legal. At that point the City has agreed to these actions and must follow through. Alderman Leslie noted that he had issues with the way the super majority vote occurred. He also said he felt the community perception is one of"back door deals". He felt the entire process was rushed and said other annexation agreements often took months to pass. Mr. Leslie encouraged Councilmen to carefully consider all the factors before their next vote. Mr. Wolfer asked if the landfill attorneys would listen to Council concerns regarding the host agreement and if changes were possible. Mr. Phillipchuck replied that would be possible and Attorney Price was asked to be the mediator. This process could be stopped now according to Ms. Spears, since notification was not given. She asked that the Sleepy Hollow road vacation be removed from the agreement and asked if there was a formal appraisal of the road. She said proof must be provided of public interest on vacation requests. She asked for advice from the Attorney General to provide an unbiased opinion. Alderman James agreed that the Council needs to carefully consider the annexation and road vacation. He also summarized the steps so far as follows. The property owner had applied for the landfill. Talks were begun with the County and under their control, the City would have received$25,000 a year from the landfill that would be in the"City's back yard". At that time, the Councilmen felt it was in the best interest to annex the property and have control of decisions within the City. He said the main issue now is if there will be a landfill and the important issue is the host agreement. If the host agreement is void because of inaction, the City will still be left with a landfill. The Mayor stated the following: 1. The property should be in the City boundaries 2. The process must be completed because it is the law, regardless of feelings about the landfill 3. It will be a gamble to choose or not choose to continue through the process 4. He would like to hear from the Newark Library District before the annexation vote 5. If the property is not annexed in a re-vote, a lawsuit could ensue and a possible landfill could go to the County 6. He is concerned that some County residents say they have been told by the County Board that the landfill would not be located there if the County gains control. He said no matter who has control,the process will occur. Page 5 of 10 7. The only way a landfill might not occur is if another use was designated for this location. He said he has done research on other possible uses. 8. He said he does not want the annexation re-vote on the agenda until the input is received from the Library District and until the Attorney General provides an opinion. In an informal poll of the Council, the consensus was that a Public Hearing should be held on the annexation and that the Newark Library will be given personal notification. A separate Public Hearing will be held on the road vacation issue. Ms. Burd commented that the Council had voted in a gag order along with the siting ordinance. This was made part of the ordinance so that the final vote could not be challenged and also for the Council's protection according to Attorney Price. Ms. Spears asked Mr. Price if the Sleepy Hollow vacation should have been excluded from the annexation agreement. He replied that it is lawful to include it, but it requires a separate vote. He did agree that the vacation was a limiting factor. Ms. Spears asked for confirmation regarding road vacation and said there are two important findings: 1)vacation must be in best interest of public and 2)must prove that there is economic benefit. After this lengthy discussion, it was decided that the Public Hearing will be held January 23rd at 7pm to discuss the annexation and the vacation of Sleepy Hollow Road. This portion of the meeting concluded at 8:30pm and the Council took a 10-minute break,resuming at 8:40pm. PUBLIC SAFETY COMMITTEE: L PS 2007-01 Police Reports for December 2006 There were no comments on the reports. No further action is needed. Z PS 2006-17 Smoking Ban Discussion This matter was brought forth by Alderman Leslie and he said this is the wave of the future. He said he respects the smokers' right to smoke as much as others are entitled to clean air. Alderman Burd concurred and added that 70%of the public does not smoke. She said that non-smoking areas in restaurants do not work. It was noted by Alderman James that grocery stores do not allow smoking and that Taylor Street Pizza is a non-smoking business. He felt it was not the Council's right or place to ban smoking. Alderman Besco said he felt that people should have the right to have a meal in a smoke-free environment,but it would be hard to regulate bars. He thought a complete ban might hurt the City's businesses,however,he would support some form of a smoking ban. Page 6 of 10 Alderman Munns said he favored a ban in restaurants or any place that served food. Coming from a health-care environment, Alderman Wolfer supports a smoking ban, however, he cautioned that a town meeting should be held, task force formed and public input should be gathered. It was suggested that information from other municipalities be gathered also. The opponents of a smoking ban should also be heard, he said. Mr. Wolfer said hospitals should also be included as part of a task force Mayor Prochaska suggested a focus group in a separate meeting and inviting members of the restaurant and bar industry as well as nearby towns. He raised the question of whether the City should govern motel rooms or other private businesses. The Kendall County Health Department should also be involved, suggested Alderman Besco. After discussion,it was recommended that the Health Department should be asked to facilitate the meetings. Alderman Bock says he takes a personal poll of restaurant owners regarding a smoking ban. The majority of those he asked were afraid to impose a ban at their facility because they feared losing business. He would not support a ban in an outdoor area he said. He said no one is forced to eat at a restaurant that allows smoking. However,he said in the case of stand-alone bars or food establishments a determination should be made based on whether the greater percentage of sales is made from food or alcohol. Mayor Prochaska asked the Assistant City Administrator to form a focus group and arrange a Saturday meeting. Alderman James suggested this matter should be added to the County Board agenda and ask for their support on passing a smoking ban at the same time. In conclusion,Alderman Burd said the Health Department should draw the group together and that Bart Olson should advise the Council when he notifies the Health Department. ADMINISTRATION COMMITTEE: 1. ADM 2007-01 Monthly Budget Report for November 2006 There were no comments and no further action is required. 2. ADM 2007-02 Monthly Treasurer's Report for November 2006 There were no comments and it moves to the City Council consent agenda. 3. ADM 2006-82 Silver Fox SSA 2006414 Proposing Ordinance 4. ADM 2006-83 Evergreen Farm SSA 2006-115 Proposing Ordinance 5. ADM 2006-84 Aspen Ridge SSA 2006-116 Proposing Ordinance 6. ADM 2006-85 Chally Farm SSA 2006-177 Proposing Ordinance 7. ADM 2006-86 Yorkwood Estates SSA 2006-118 Proposing Ordinance Page 7of10 These items were discussed together. Travis Miller recommended that all items be postponed on the advise of Attorney Wyeth, due to questions being raised by developers in November. The primary issue is the dollar amount. He further explained that the Annexation Agreements state that bonds would be sold after construction bids are received. On January 17th engineers and bond counsel will meet with developers to address concerns. He anticipates this moving forward to the February EDC and a Public Hearing will be scheduled prior to that. Alderman James was concerned that the developers have not asked for the postponement and asked how they would be brought back in to the loop. Mr. Miller said he has received written consent from one developer. The developers have all been notified,however, not all have responded. The Mayor suggested tying a resolution to receiving responses from all before it is moved forward. Attorney Wyeth will prepare a resolution outlining all action and this will move to the consent agenda. A vote will be taken postponing the action. 8. ADM 2007-04 Close the Hydraulic/Com Ed Sewer Project Account 9. ADM 2007-05 Close the 2004 C Road Improvement Project Account 10.ADM 2007-06 Close the Bruell Street Sewer Project Checking Account These items were also considered simultaneously. These projects have been completed and the accounts can be closed. Susan Mika said the auditors require approval to close accounts. All these items will be moved forward and Alderman James asked staff to look at other accounts where similar action might be needed. This moves to the consent agenda. 11. ADM2007-03ISDNPrime Control Contract Renewal Ms. Mika asked the Council to approve an AT&T T1 line contract to save the City$5,544 a year. A vote is needed to ratify the contract. Alderman James complimented Ms. Mika on identifying ways to save the City money. This moves to the consent agenda. 12. ADM 2007-07 Mechanic Job Description Alderman Spears questioned the salary range of$39,330 to $52,454. Looking at the experience and education, she said other positions are requiring Bachelor's degrees. She recommended postponing this position until the police contract has been finalized. Mr. James said the salary range puts it in line with"Operators". This is a new position that was supposed to have been filled October, 2006 according to Mr. Crois and would service the entire vehicle fleet. Mr. Besco felt that one person could not handle all the work that needs to be done. Reservations were raised regarding the reporting hierarchy and establishment of maintenance priorities. Alderman James questioned if a cost analysis had been done to justify an internal hire. An analysis will be completed and this item will move to the consent agenda. The job description is also subject to opinions from the Labor Attorney. 13. ADM 2006-71 Community Relations Officer Job Description Alderman Spears questioned why the title is being changed. Some of the duties are being changed with some being more managerial in nature. This position will also become salaried rather than hourly. The Mayor commented that this person attends meetings outside the City as well as Council meetings and requires additional hours. This position now also oversees the video cable group. Mr. Olson said the Labor Attorney had reviewed the description with a few changes being added. Ms. Burd said a Bachelor's degree should be required. This position will be posted. Page 8of10 Mr. Olson stated that this position is an upgrade of the current one. Mr. Leslie pointed out that the salary range reflects a substantial raise from $26,910 - $42,820 to a range of$50,293 - $70,410. He said either the present employee is grossly underpaid or the City will be paying more than it should. These salary ranges are taken from the salary survey according to Bart Olson and are reflected under"general support staff'. Mayor Prochaska pointed out that the current position also earns overtime and comp time. Alderman Burd added that this position was originally intended to eventually become a department head with employees reporting to them. In addition, the position has evolved and became a marketing/public relations job. Mr. Olson cautioned that any arbitrary decision on the salary could have future implications in view of the fact that it came from the salary survey. It was also pointed out again by Ms. Spears that a decision should be delayed pending the outcome of the Police Department contract. Alderman Munns suggested that this decision should not be made in mid-budget. There was further discussion if the position should be posted internally, externally or simply be treated as an upgrade. Ms. Spears requested a study of the extra hours being worked and the hours paid for comp time. It was decided that this matter would be tabled 14. ADM 2006-73 Computers for Elected Officials (tape malfunction 2-3 minutes) Bart Olson researched the cost of laptops for the Council members and other City employees and found the cost to be $700 per laptop. Currently this is an unbudgeted item. It was suggested that any confidential material should require a password to open. Alderman James said the laptops could be added to the"wish list"and the matter would be reviewed and compared to other projects. Treasurer Powell stated that laptops could prove valuable during emergencies and perhaps funds would be available through Homeland Security. Ms. Spears suggested having the grant writer also explore fund possibilities. Mr. Olson added that the agendas are available on-line and can also be put onto a CD. 15. ADM 2006-100 Appointment of a Deputy Treasurer Finance Director Susan Mika said she had brought this matter forward because she feels there is a need for a Deputy Treasurer. Current staff members prepare reports for the Treasurer. She also said an additional person is needed to conduct wire transfers since Mr. Powell must be called in for this function. Ms. Mika said the backup person could be her or a City Council member. One of Ms. Mika's employees currently acts as Deputy Treasurer now, similar to the Deputy Clerk, however, it is not in that employee's job description. The Deputy Treasurer is allowed under City Ordinance and is an appointed position with a stipend of$2,900 annually. Ms. Spears felt the Deputy should not sign payroll checks or be required to attend meetings. Mayor Prochaska said the Labor Attorney should review this position Page 9of10 Alderman James asked if a vote was needed and Ms. Mika replied that a vote must be taken to make the appointment. Mr. Crois suggested that Ms. Mika be the Treasurer's backup person. She will be required to be a signee on the account and will need to complete signature forms. It was noted that she is bonded. After a brief discussion,it was decided that a resolution would be drafted, Labor Attorney will review and it will return to City Council for a vote on the consent agenda. Mr.Powell also noted that he attends four Police Pension Fund meetings a year. Since he feels his attendance is essential, he requested $50 per meeting. No action was taken. 16. Audit Update Finance Director Mika reported that her staff is currently working on bank reconciliations. She also stated she had concerns regarding the amount of time needed, 2.5 to 3 weeks,to look at reconciliations and said that a full time person is needed. In addition, the staff must look at eight months of records prior to the end of the fiscal year. She requested that her part-time staff person be moved to a full-time status. Ms. Burd asked if it would be a good idea to hire Wolf&Co. to continue the reconciliations they did, in view of the"extraordinary situation we [the City] now find ourselves in". Ms. Mika said that she must go out to bid for auditors, but that she was impressed with their work, they were punctual and she had good communications with them. She added that she could initiate an RFP at this time. A temporary service was also suggested,however, Ms. Mika said there would be training involved. AccountTemps was also discussed since the bid process for the auditors may take more than a month. Ms Mika will research that possibility. The part-time position will move to full-time and another full-time position will be posted. Since this is a change from part-time to full-time and it is not in the budget, the Council will need to vote. Ms. Mika will present a job description next week. This will move to consent agenda. Ms. Mika commented that a temporary company had been hired in the interim before she came on board, at a cost of$32 per hour. DETAIL BOARD REPORT BILL LIST): Alderman Besco inquired about the charges for a water operator generator and asked if it was a rental. He was directed to contact Eric Dhuse. This moves forward to City Council agenda for a vote. PARK BOARD: No report Page 10 of 10 ADDITIONAL BUSINESS: Alderman James presented the following. He had received phone calls from a resident of Fox Highlands. The resident complained that he lives at one elevation and the townhomes located there are at another elevation and the water is draining down near him. The resident worked with Engineering and talked with staff and is looking for a solution. The Mayor talked with Engineering staff and they are waiting for a grading drawing. More research to follow. Also, Mr. James made reference to the bike path on the former Com Ed easement. When it was re-graded, a nearby landowner said that the water is now draining into his back yard rather than the existing creek. Travis Miller will talk with Engineering about this problem. Mayor Prochaska asked if all aldermen were connected to yorkville.il.us so that he could forward emails. He referred to legislation pertaining to Metro West and a franchise agreement that he wished to share. He asked everyone to make sure they are connected to the City email system. Alderman Leslie cautioned about preventing email transmissions from violating the Open Meetings Act. The City Attorney reminded the Council not to engage in conversations via email or IM to create any potential for an illegal meeting. The Mayor added that items could be downloaded from the City email. The regular meeting items concluded at 10:45pm and Mayor Prochaska entertained a motion to enter into Executive Session. Joe Besco and Marty Munns moved and seconded, respectively to enter into Executive Session. Motion carried on a roll call vote. The regular meeting adjourned at 11:06pm. Submitted by Marlys Young, Minute Taker PARKS d RECREATICM Yorkville Parks& Recreation Dept 1107 S.Bridge St.Suite D Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail:recreation@yorkville.il.0 Administration Office: 301 E.Hydraulic St. Yorkville,IL 60560 630.553.4341 630.553.4347 fax Memo To: HRC From: Sue Swithin Date: 2-6-07 Cc: file, Dave Mogle Re: Recommendation Jr.Women's Club is requesting fees to be waived for the use of Town Square for their Annual Craft Fair on May 19th, 2007. It is staff recommendation to waive the fees for this event, but allow for a security deposit to be made to the Recreation Dept, per policy. This organization has and will continue to financially support the Park and Recreation Dept. as well as other activities throughout the community. Their hard work and dedication is very valuable to this town. tt would not be practical or in our best interest to charge them for use of the park for this fundraising event If I can answer any questions, please don't hesitate to call me at 630-553-4342. Thank you, Sue 1 JAM-11-2007 01 :14 PM TERESA WEDEEN. 5520577 P. 02 j i i i 1 REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORK'VILLE • f.•� � • �.iY .I�r j PRASE NOTE: Ad requests mist be retwhed by the CYty Clem United aty of Yorkville, Game Farm Road Yorkville. IL 6MD, at haat-60 days prior to your event jar subrauttal to the Yorkville Hwnan Resource Commiumn. (HRC), which roots an the third Wednesday of each month. For example: it your event is to be held on September IS'k your regwt should be to the City erwe no later than June J0*to be considered at the Ady HRC meeting. �tustl�sn- �t�o,,�30 ser veer:eee oe�salzatleA Evattt [ .r214 %'NQW D"Tinte: � Location: _ , Nam of Orgacuzedon [u Address City U State Zip Gtae 0 Phone: 41)6b , O.� Few L-3 Name of Contact Priori ide ' -b0. � .� t �. iy- j i Approximately haw may Yoticvdle rewdaats does your wp=sdon am cab y a& i Whu is an purpose of your organization? How does your orpnization benalt the YodMlle o mmtndty? Vn d;4A;e%°► .,y �3 � _ ` i i Is your event c ooWdo ed to be Odessa check ail that apply): , F s;Arts --Jporfa )CComauatity `.$wudng _ _Rehgiorrbased tkhw non-profit Wlw wilt bowat thorn dw!'uc o raised? Youths�.'�.Adults__,_Settiong Disabled penow Please check one: Cask or 1--In Kind" If ask amaatat rvuestai: If"In Kind."are you to need of SteM Yes .%6Yo It yes,amnber of hours Tima OR YLj3WVbgspwv Name ofCity fadlWpwk to be ssedM i � �yu PLMB ti97T&q mq ueo ft off one or a w of buMing jb Berk. ioth We saki 0 #M"ft an tie date yaer Am cboesu. aRPMo? W=LL M M WA>tVM W FACMUS AM MVR= ?Q MM ` CommtOfl All PIZl+OM UBS, 100% MOM RWMD WILL HB MIMM WI 10 O11Y0.. ftr Onb~U"anter MRC App~. or Yn low OFFIM Diulo R6oetv8d: ,__.,,_._.� BttrtQRaolRy ReWeated F*d1V'at(c: .._Ave► W :_Not Avbble Signs& Reoiussted Stmt: Avaitabie Not AvMabls Signed: Date of Noose to by City Cautcit: Dido Not App ved Retort: Wy�C..O�IMtI os/selwLoa i W } ' t JAN-11-2007 91 :13 PM TERESA WEDEEN 5510577 P.01 STANDARD APPLICATION FOR SHELTERS, GAZEBOS, AND PARKS RESERVATION UNf= C(TY OF YoRKVILLE PARK AND RECREATION DEPARTMENT RF.BERYATION REGUlw m 5MALL 8L AtopROvem ScGINNINO ON Tfer POLLOIMNO DATES: SPRING SCAVON(MARCH-MAY) fIaRUARY 1 aM SUMMER SEASON UUNc-Auauwr) APRIL, (S", FALL S@Asom LSEI'TEMBER-NOVEMaER) JULY I S70 PLIMM IMOICAT6 TTPa Or GROUP R60U1S mo USS SY cotcuwO TM6 APFiiOPRUlTE*ATE0011Y CATEOORY A GOVERNMENT ANO NOMPROFIT OROMMAYION WFI¢M ARE LOCATED WITHIN THE UNITED CITY OP YbRKYILLE CAMMMY B PRIVATE GROUPS AND INDWIDUALS WIHp ARE COMPRISED OF PREDOMINATELY(A?LEAST SOD"Ummm CITY OP YORKYILLc M MIDrNTS CATEGORY C BUSINESS OR CORPORATIONS WHICH ARE LOCATED VATHW THE UNmw CRY OP YbRKoLL.c SOUNDARIBS CATE60KY D GOV RNMENT#&AND NONPROFIT ORGANIZATIONS WHICH ARE LOCATED OUlSIICTHE UNITED CRY OF YORKVILLE DOUNDARIE.! t CAT®60RY I± PRIVATE GROUPS AND MIDMOUAL WHO DO NOIT FALL INTO THE PREDOMINA•11£LY RESIDENT CLASSIFICATION ChTEOORT 8) CATS MMM F BUSINEn OR CORPommoN9 WM em ARE LOCATED Ommom OF THE Ummm CRY OF YORmux 60UNOARIr9 GROUP OR b4DMDUAL NAME . V l�.�wt S CA 4/1 CONTACT P��, ��. ADDRESS • . �%k HOME PMONB`s�... �/+e>9'7 WbRR PHONE f LOCATION REQUE3fED y DATE 4-f Bw,N TIME 140t 40t " END TIME '7%�d AA 3POCIAL USE �REQUE{sT!t' '01 MON. WATER.Zi.ECTRIC N-OTMER) VLA.Yv'1 b(-% Cr v�nleos YC!Ye1lw ANY ail rain.werer PI�,,�ybAYullle w_��+!�±�N.e Peace !lIIT PttiIdNO rtIr TYPE of<F1TMT Lyn errwalR... mina I.Iex,ReSULT IN Aw Amfl1�L.I �.�a�saarn In an ys i VALA.YOU aC 39 .A0 ANY PRODUCTS. FOOD. OR M3CQ.LANCOUS IT INO YES(PLEASE EKPI•AI1d � No. SICUdrtY 6E108R8 IIr"SE FORFEITED IF TME PARK, SMELTER OR DAUDD 0 NOT RESTORED 10 TMr OMOMAL STATE.ALL LITTER FtCMOVED, OR W DA MIM OCCURS AS A RLOULx OF MSUSE OR ASUSC TO UNMIkO CITY OP YORMALIX PARK AND REGTgATION EgWPMENT OR r PROPERTY. INSPrOT*"WILL SE COMPLCMED POLLOWIND YOUR rvwr sY A UNITED CITY OF YORK"LLE PARD AND RECREATION OtPARTMCNT SMFP.IKON omA MAY SC ASSCfSEO ADDRTONAL.CMAROE7 FOR pRENDMQ TIMES PAST TME SCF00U1.n RrSrPlVAoom. 1 NAME WAM AND 4010•nh E AR,fmwm A To Tf{r RULI+w�IlEnt_�i��ra�N�wr��N1►1tlL� CRY���VILLc_ i �s a IN ORC[R COMPLETE THE REOLIQT.THr POLLAWING OOOI/Mwn MUST ac rowo R01"TO TMC ReCRPJ1 R ARTMF.NT (OROUPS AND ORQAM UTIONS)-A OCR,w as E OF INSURANGr c0•NAmma TME UNTfEO CRY OF YbR A3 AN ADDITIONAL INSURED. } ASBUMPTxm OF LIAaLmy AND VAwtm or SUSROGA.TION. OFFICIAL.USE AODMONAL INFORMATION REQUESTED 1h FtCSOWA7100 AMOUNT r 10b DrroltT AMOUNT[$100 +V alms OP RCQUm l 0'a DATE REcamm { $TAM IN TIAL,s ' APPAovea/Daven Q REFUND RlPquesTee �� LOCATION ASSIGNED • I CONCClSIDN STAND.MERCMAlIT LleadBe APPLteATlOws NEEDED: YEr I.JCM-Th DEPARTMENT PERMIT NEEDED:YES/NO { 4 a z yorkvifIe junior Vomeres CCub WMIED MIN "ects itmfVrogrow The Yorkville Junior Women's Club was organized in 1991. Members are E=aster Ew Hunt area women who have united to support Yorkville and si rrounding communities in various ways. Our main concerns have always involvi d the health, education ` erealdaat wdh the Easier Bunny and safety of our community and its children.HwnN �' Chdatrn� � wain r m Operation m $ants Claus a library story Houre z M d M `t Nvdrant FeWM Craft show m e . z Adopt-a-HiOw ay f •Y" �f Valerdlnes for Senors SdvWddpe Membership Is open to all area women over 18 who are interested In corr►mwft Day volunteering their time and talent to better the co munitt . Yearly dues are$20. N Fundrebw Anyone interested In joining is invited to attend any of the monthly meetings or to contact Heather Oevermann at 553-3048. Nursing Home Vi ft ' Handbap AcoessUe Paris Equipment Meetings are held the second Monday of th i month at 7:00 p.m. September through May at the Zeller-Dickson Insurance 3uliding on the comer of Routh 34 and Center Parkway. Meeting agendas typi :ally include a business meeting,refreshments and an informational, educational i r entertaining program. cw*ro a ndSlerr *W for Oa r Cams wWv ' .........................................__...................... ......................................................... JAN-11-2897 91916 PM TERESA WEDEEN 55 18577 P.84 i Vendors are wanted for the Yorkville Junior Women's Club's 2`d Annual Spring Craft Show being held May 10 from gam to 4pm in Town Square , Rt 47, in Yorkville. Donations for a 12x12 booth space are $30 if received by April 1�. Fees will increase to $40 for any application receival after that date. This is an outdoor evemt and spaces are reserved on a first come, first served basis. Only ONE type of home based business will be allowed For applications please call 630-554.0877 for more information, Or send a SASE to Teresa Wedeen, 391 .Country Lane , Yorkville, IL 60560 for an application. i i i t f {i {tF 1 1 MODIQ A3b REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE:All requests must be received by the City Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for approval from the Yorkville Human Resource Commission (HRC), which meets on the third Wednesday of each month. For example: fyour event is to be held on September 15th,your request should be in the City office no later than June 3007 to be considered at the July HRC meeting. Requests are limited to $250 ler year, per organization. z Event Date of Event °�� Location of Event Name of Organization C � •� �2 � �� Address ' City �( +�1 �1 6 State1 `-' Zip �✓ Phone Fax 4/-, --,,?93 --7 Name of Contact Person and Title (7rS Is your event considered to be(please check all that apply): Fine Arts_ Sports Community— Scouting_ Religion-based_ Other non-profit Who will benefit from the funds raised? Youth—Adult_Seniors i/Disabled persons Approximately how many Yorkville residents does your organization serve each year? What is the mission/purpose of your organization? `" �. b- 0e; Amount requested$ na (Cash P" or `In Kind' ) If`In Kind,' are you in need of Staff (Number of hours/time) OR Building space (City facility/park to be used ) PLEASE NOTE:If requesting staff time or use of building facilities✓park both are subject to availability on the date you have chosen.Also, deposit fees MUST be made, they may NOT be waived however if the facility is left cleaned and as you found it, deposit will be reimbursed If time and space is available,your event could be listed in the quarterly Recreation Department newsletter. Would you like to be listed? t/ Yes No For Office/HRC use only Approved Amount Staff needed Building/facility to be used Not approved Reason Date v� VIVOA November 2006 '2, z A Blessed Holiday Season to All - Oe This has been a difficult year in many parts of the country, and the world. War and other disasters have taken their toll. Unfortunately, in this area, the seniors in The Salvation Army Golden Diners program, especially those who receive the Home Delivered Meals (HDM), are in need of some assistance, too. These older people, a majority of them women, are now homebound and unable to shop or prepare meals for themselves. The Golden Diners program provides a nutritionally-balanced noontime meal each weekday, brought to their homes, mostly by volunteers. For many, this is the only'good' meal they eat each day. About 18% of these seniors live at or below poverty level (about$9,800 per year). Others have high medication costs. 20% of the recipients of the HDMs are unable to contribute anything toward the cost of their meals. This is a loss to our program of approximately$135,849 annually. We request a donation of$2.75 per meal, and although the actual meal cost to our program is about$6.00 per meal, no one is refused a meal due to an inability to contribute. Many of these elderly are in need of a nutritious meal each day to help prevent malnutrition, a growing problem in seniors. In Fiscal Year 2006, The Salvation Army Golden Diners provided 149,665 Home Delivered Meals to 1,391 homebound seniors in Kane, Kendall, and McHenry Counties, and 58,226 meals at Congregate 'on site' to 3,157 seniors who are able to join us for lunch at one of our 15 sites in these same counties. During this season of Hope and Blessedness, we ask you to help us continue to provide meals for these elderly citizens who are unable to contribute toward the cost of this service. Our program relies heavily on the donations of the diners, and on those who are able to give more to help those less fortunate. May God Bless you and your family in the coming days. A Servant of G �4pin Vicky Horton Golden Diners Director Yes, I want to help The Salvation Army Golden Diners to provide meals to homebound seniors. $13.75 covers meals for one senior for one week; $27.50 covers meals for one senior for two weeks; $55 covers meals for one senior for one month; $660 covers meals for one senior for one year Name Address City, State, Zip Amount of tax-deductible donation $ Please make your check out to: The Salvation Army Golden Diners Mail to: 1031 F. State St. Geneva IL 60134-2483 . `�' ,yd•?" .rr. Q'l w 'i r,, s T�. ,,, ,J a ft �r , y 4.+►_� 5 t�v?R ��'. _ ,. '• 1, r' , Y�%,; Wce cr t\ (j V ✓ f i r{ Fr'''4J V � N -� 9t' . • ,, I �,�� a LU LM ►k fir' ° ;f �..'e -a. O '�' 7$i'e ..a.. D• f I i, }•�r .�S , Y UNITED CITY OF • ' MAYOR Art Prochaska Table of Contents MAYOR'S MESSAGE 1 United City of Yorkville 2006—A Year in ReviewWARD I j �. Jason Leslie ADMINISTRATION 2 i j Development standards, intergovernmental cooperation and more tom } WARD • BUILDING SAFETY AND ZONING 6 Y Yorkville still growing strong—annual permits issued COMMUNITY DEVELOPMENT 7 .D 11 City planning, zoning regulation, building code enforcement Valerie Burd COMMUNITY RELATIONS 9 WARD 11 Community awareness, communication, services, programs Dean Wolfer ENGINEERING AND PUBLIC WORKS 10 City services ewer, water, streets and In-Town Road program WARD III FINANCE 14 T* Marty MUnns Tax levy rates, information technology, human resources LIBRARY 16 WARD III Jim :. New addition opens to support growing community t ck PARKS AND RECREATION 17 WARD IV Over 20 theme parks, city events, outdoor movies and more Rose SpearsPUBLIC SAFETY 21 j Neighborhood Watch program, community awareness, senior programs WARD IV YORKVILLE CITY COUNCIL FUTURE VISION 22 Joe Besco Yorkville's future community—youth, seniors, businesses CITY CLERK • PLACE accomplishments and Milschewski LIVE AND WORK direction for 2007 is ���Jackie ° available by visiting the city's Web site at EBT. 70.78 CITY More information about –` • www.yorkville.il.us or < N' z o tEASURERhe United City of by contacting City Hall •' Yorkville's goals, at 630.553.4350. 2006 ANNUAL SERVICE REPORT MAYOR'S MESSAGE I TOGETHER WE'VE GROWN As Mayor of the United City of Yorkville, I would like to take this opportunity to invite the entire community to help us celebrate the city's 50th anniversary of the uniting of the Village of Yorkville and the Village of Bristol; thus the "United City of Yorkville." And yes, you might say that Together We've Grown and are continuing to grow. It was just recently that the Kendall County Record reported that despite the housing market slow down across the country, the city of Yorkville grew 30 percent over last year in building permits issued. jThis year we have taken Walter Payton Sweetness Run, of our schools by working significant steps to increase the Music Under the Stars, the 15th collaboratively with developers quality of life for all residents in Annual Hometown Days Festival, and the school district to construct the Yorkville Community—health- Rolling on the River Illinois' Ride new buildings for our growing care, new shopping venues, the for the Environment and Theater population. grand opening of our new Public in the Park, new this year. Library addition and recreational Additionally, we have our fine During the coming year, the City opportunities have flourished. parks, canoeing and cycling Council will continue to enhance the community in which we live, possibilities. The new Rush-Copley Healthcare and strive to provide the finest Center, located along the south As I reflect back on 2006, 1 services possible that address the side of Route 34 just west of the would like to acknowledge all of issues of health, safety, welfare, Kendall County Government the individuals who have helped and the overall quality of life for Center, is preparing to break make our community prosperous. each of our residents. ground. The state-of-the-art Our city is a great place to live It is the people in our community medical facility will provide and work and it takes many that I feel have made Yorkville a Yorkville residents with a quality individuals to build a solid lace that we can call home. As healthcare facility close to home. foundation. We have achieved p many goals. Our vision of what mayor, I am proud of what we In addition to the medical our community can be is fast have accomplished together, and campus north of the river, Edward becoming a reality. I am confident that together we Hospital will be providing a . will continue to work toward a medical facility for those residents At this time I would like to vision and greater sense of who live south of the river. thank all of the elected officials, community. administrative staff and govern- Wal-Mart, the new Kendall mental agencies—state and Again, I would like to take this Marketplace, Walgreens south of federal—who have helped us. opportunity to thank you for all the Fox River and several Together, we have continued to your efforts and continued additional retail outlets will support in making Yorkville a look to the future and have provide our residents with worked diligently to achieve a great place to live and work. convenient, close to home retail quality of life that has made the Please contact my office directly opportunities. United City of Yorkville truly if I, or the staff, of the United City of Yorkville can be of service. And, as we get closer to summer unique. the city's first water park, Raging And, yes, Together We've Grown. Waves, will open in May These partnerships have allowed providing a new recreational us to work for the preservation of 0 ortu gt in h city. Other open space, protect environmen- pp y the y Art Prochaska Ma tally sensitive areas and has or summer activities include the y helped us meet the future needs 2006REPORT 1 UNITED CITY OF • ' ADMINISTRATION i The Administration Department of the United City of Yorkville manages the day-to-day operations of City Hall under Intermin City Administrator John Crois.The City Administrator, under the direct umbrella of the Mayor and City Council; supervises, oversees, monitors and "m participates in assigned projects and programs. The City Administrative Department also assists �.� in tasks such as organizational and financial analysis, and conducts analyses of municipal policies and procedures. It also develops and maintains the city's personnel and purchasing CE policies. Administration *The Senior Ad Hoc Committee, Parks and Recreation, and *Amended land cash from Parkview Christian Academy $80,000 to $101,000 per worked together to keep senior acre. services in Yorkville. Senior *The City Council passed a Services are currently housed Governing Ordinance which in the city's Beecher Community sets ethical standards for elected Center. officials, duties and rights of *Worked with the Kendall elected officials, meeting Intergovernmental County Highway Department procedures, and formulated a to establish a policy for the Agreements City Council committee structure. Agcollection of Transportation -Further clarified administrative *Supported and continued Development Fees. handling of FOIA requests. participation in business related -Formally created the City events and with organizations 2006 NEW SUBDIVISION Administrator position and such as the Yorkville Area DEVELOPMENTS AND clarified responsibilities of Chamber of Commerce, the APPROVED FINAL PLATS the position. Yorkville Economic Development Corporation and the Aurora Area *Aspen Ridge-217 lots *Updated the Municipal Building Convention &Visitors Bureau. p Impact Fee ordinance. *Blackberry Woods-135 lots *An agreement was established •Bristol Bay—units 8-13 With the Illinois Dept. of Natural •Grande Reserve—Units 12-27 Professional Service Resources (IDNR) regarding the •Hudson Lakes—Unit 1 Agreements Glen Palmer Dam reconstruction -Kendall Marketplace-192 and canoe bypass. residential units and 165 acres *Engineering Enterprises Inc.— of commercial Engineering Services (plan •Support of the Conservation •Kendallwood Estates Foundation and the initiative review, park design and water *O'Keefe Property—Unit 1 works improvements). j Protect Kendall Now.The not- for-profit initiative was launched •Wal-Mart-34 acres of *Smith Engineering—transportation to increase the pace of land commercial study and In-Town Road program. preservation in Kendall County. •Burnidge Cassell Associates— *Agreement with the Yorkville- library expansion and design. Bristol Sanitary District for the •Walter E. Deuchler Associates— Southwest Interceptor. Sanitary Sewer Engineering firm. i 00 • ANNUAL SERVICE REPORT 2 UNITED CITY OF • ADMINISTRATION A major accomplishment of the United City of Yorkville City Council was the acceptance of the final report for the city's Downtown Vision Plan and Municipal Facilities Plan. The Tuscan Plaza is the first development in the downtown area that is planned for redevelopment and will consist of retail on the ground floor with upscale condos on the upper level of the building. 2006 New Business l Irving Companies approved for Construction is underway for a l PUD including a 800,000 sq. ft. 2007 opening. Developments shopping center which will include Kohl's SuperTarget, *Stagecoach Crossing opened *Redevelopment of existing BP near the southwest corner of and Home Depot as anchors. Route 47 and Route 71. at northeast corner of Routes The project also includes a 34 and 47. lifestyle center component for •Stonefire Restaurant opened •Cozy Corner—Redevelopmentspecialty retailers and providing a new restaurant project at southeast corner of restaurants, as well as 192 opportunity visible on Route 47. Routes 47 and 126. Prospective residential units including •Plans were approved for a new businesses include Anytime detached single family homes Sunfield Restaurant in Yorkville Fitness, as well as a future and townhomes Marketplace on Route 34, bank and specialty retailers. p y •McVickers Development—This planned for 2007. -Cobblestone Commons—This was approved for a retail center *Tuscan Plaza—Part of the development was approved for at the northwest corner of downtown redevelopment PUD at the southeast corner Cannonball Trail and Route 47. project. Zoning was approved of Route 34 and Eldamain Site work began in 2006. for the redevelopment of the Road. It includes over 20 •Menard's Commercial—Approved southwest corner of Route 47 acres of commercial retail expansion to the existing store. and Hydraulic. The new three development story building includes retail on -Approved approximately 15 acres the street level with 20 condo •New Culver's Restaurant for commercial outlots at the units on the second and third opened in April. southeast corner of Kennedy and floors. •Edward Hospital and Health Galena Roads. Services—approved for PUD •Raging Waves Waterpark broke 'Walgreens—Opened new store in Fountain Village at the north- including amedical center ground near the southeast corner west corner of Routes 47 and campus at Routes 71 and 126. of Route 47 and Galena Road. 71 The first phase of the project The facility is planning a 2007 includes a medical office opening. *Zoning and preliminary building expected to break engineering was approved for a *The Prairie Medical building was new Wal-Mart super store at the ground in 2007. completed on Countryside Parkway. p northeast corner of Route 34 *GCM properties—Approved I -The Prairie Point Commercial and Countryside Parkway. for a pre-kindergarten facility in the Fox Hill retail center at Center broke ground on a new •Woodstone—Office building building near the post office on complex approved on Route 71. Route 47 and Sycamore. Countryside. ,Gruber-Kostal Dental I *Walnut Plaza is a 22,000 square *Rush-Copley Medical Center— constructed new office building Approved for phase one y on Countryside Parkway. Auto Zone and is located on the I construction includng an corner of Rt. 47 and Walnut. *Kendall Marketplace—Harlem urgent care facility on Route 34. 2006REPORT 3 UNITED CITY OF • ' ADMINISTRATION The Clerk's Office of the United City of Yorkville maintains the centralized records, files and information concerning the Freedom of Information Act. Requests for information not exempt •n. ` from Section 7 of the Act are available through the Clerk's Office. The Clerk's Office will respond to the request within seven business days. �E b� Highlights *Passed cellular phone usage •Approved the Preliminary PUD policy. Plan for Westbury South Village. •Passed ordinance formally • *Amended PUD Agreement Passed computer replacement g identifying city departments and policy. Westbury South Village l department heads. •Passed amended hiring policy. •Amended City Code Title 6 - •Updated water connection fees. Traffic, Section 6-2-6 Repealed -Passed and repealed Overnight Passed Ordinances the Prohibition of Overnight Parking Ban ordinance— Parking. ! completed city-wide surve 'Amended city ordinance with • py on regard to payment of Amended City Code Title 10 - the issue. Coordination Fee. Zoning, Chapter 13 - Planned -Passed the Downtown TIF Unit Development (PUD). •Annexed Corneils Crossing. redevelopment plan and •Annexed a portion of the ordinance creating the Downtown 'Approved revision of the Hoover Boy Scout Camp. TIF district. 2005-2006 fiscal budget. *Annexed Yorkville Bristol •Passed dissemination of informat- -Amended Ordinance 1990-24 Sanitary District (YBSD) ion policy that outlines the which sets forth standards and Property. regulation for Payment for responsibilities of staff in providing Development and Extension of •Amended Parking Regulations timely information to elected Utility Costs to provide for an Regarding Parking of officials. increase in the Municipal Nonmotorized Vehicles. -Amended solid waste facility siting Buildings Fee. •Approved the Downtown Tax ordinance. Increment Financing (TIF) •Passed host agreement for solid •Ordinance for appropriation of Redevelopment Project and waste facility siting ordinance. funds for Roadway Lighting Plan; also the Downtown and Utility Casing at Illinois Yorkville Tax Increment •City EAV increased from $309 Rt. 126 and 71 Intersections. Financing Redevelopment million to $418 million. •Ordinance Amending City Project Area. •Amended policy for tuition Code Title 3, Business; Chapter 3 •Ordinance Adopting Tax reimbursement. Liquor Control regarding Increment Financing for the •Resolution adopting sponsorship Gift Basket Sales. Downtown Yorkville Tax policy which outlines how the •Amended City Code Title 10— Increment Financing City will sponsor organizations' Zoning, Chapter 8A-M1 Limited Redevelopment Project Plan events and/or causes. Manufacturing District Regarding and Area. Zoning for Contractors' Offices. •Passed management employees hiring policy. •Amended Ordinance 2003-79 & Repealed Ordinance 2005-40 Water Connection Fees. i • ANNUAL SERVICE REPORT 4 UNITED CITY OF • ' I ADMINISTRATION The following public records are also available through the Clerk's Office: ordinances, EST ,w resolutions, agendas and minutes.This information is also available on the city's Web site < , _ at www.yorkville.il.us. Free notary services are also available through the Clerk's Office at I City Hall Monday through Friday during the hours of 8:00 a.m. and 4:30 p.m. Passed Ordinances -Amended Resolution 99-25, •Approved the Final Plat of (cont.) the Pilot Facade Improvements Subdivision for Prestwick of and Historic Preservation Yorkville Unit 2. •Ordinance Authorizing the Agreements (Facade .Approved the Final Plat of Execution of a Development Improvement Agreement). Subdivision for Kendallwood Agreement for Tuscan Plaza. -Established a policy for the Estates. *Compliance with Illinois Collection of Transportation .Approved the Road Fee Policy Prevailing Wage Act. Development Fees for Kendall *Approved the Final Plat for -Amended Ordinance 2000-11 '� County Highways. i Aspen Ridge. Regarding School Transition -Amended Resolution No. ' Fees. '� 2002-04 Approving Special *Approved the Preliminary Plan Authorized the Execution of a Tax Bond Policy. for Bristol Ridge Subdivision. Development Agreement for *Resolution establishing Water *Approved the Concept Planned Kendall Marketplace. Meter Fees. Unit Development Plan for •Amended Liquor Control the Towns at Windett Reserve q •Countryside Parkway (East Subdivision. Ordinance Regarding Hours Kendall to Center Parkway) of Sale. MFT Resolution. *Annexed the Schramm Property. I .2006 Crack Filling Project-MFT • Annexed the Borneman Farm. Appropriation Resolution. • Annexed the O'Keefe Property. •Endorsing implementation of *Annexed the Schanze the Kendall County Open Property. Space and Natural Areas Plan. j •Amended and Restated City •Resolution opposing the Code Title 8 - Building, Passage of the Communications Chapter 14 - Pollution Control Opportunity Promotion and Facility Siting. Enhancement Act (Cope Act). •Resolution approving Glen Passed Resolutions Palmer Dam Intergovernmental j Agreement. *Approved the preliminary plan of subdivision for •Resolution approving the final Kendallwood Estates. plat of subdivision for Villas at I Preserve. -' *Approved the preliminary/final •IDOT Highway Permit and plat of subdivision for Grande - • Resolution for Temporary Reserve Units 12-27. 1Construction Entrance for Kendall Marketplace. 2006REPORT 5 UNITED CITY OF • ' II BUILDING SAFETY AND ZONING ?�c�o cr c The Department of Building Safety and Zoning aids both contractors and homeowners in the United City of Yorkville.The department is responsible for numerous functions including the En ` Ism zoning review of plans, performing inspections, and property standard inspections. { � Representatives also meet with new builders and contractors to discuss their projects and the department's expectations as it pertains to the city's building code. ill Inspections , Staff Training The Department of Building To maintain professional J Safety and Zoning performed standards, the Department of 18,300 inspections in 2006. A Building Safety and Zoning staff majority of those inspections enrolled in approximately 384 were for building, electrical, hours of professional training, plumbing, mechanical, and fire including certification exams. and alarm systems. Zoning Personnel -Coordinated efforts with the ``!* There are 16 employees assigned Zoning Board and processed to the United City of Yorkville. 11 Zoning Board of Appeal h � The current staff includes 12 cases—approximately 280 j X full-time employees and four Plan Commission cases and r .y part-time employees. expended approximately 700 " hours on both ZBA cases and s Plan Commission. Property Standard Maintenance *Approximately 600 hours I, were spent reviewing Approximately 240 hours of field subdivision plans, researching inspection surveys and follow-up and attending meetings. coordination to eliminate *Reviewed approximately violations was performed by the 11,571 permit applications for 'I Department of Building Safety and Zoning. zoning compliance. Annual Permits Issued 2006 2005 Single Family 753 572 Two Family 58 16 Multiple Family 10 6 Commercial 40 38 Industrial 0 0 Miscellaneous 710 716 Totals 1,571 1,348 2006REPORT 6 UNITED CITY OF • ' COMMUNITY DEVELOPMENT The United City of Yorkville Community Development Department was established in January �? c� of 2006 with the hiring of Director Travis Miller. The primary focus of the Community E•T ,,,• Development Department is to ensure that all proposed new developments are consistent < :� with the overall development goals of the city. Emphasis is placed on planning and economic development strategies to promote a diversified tax base ensuring an economically sustainable � future as the city grows. ii Staff throughout the city and Ordinance Updates coordinates citywide bike trail PUD ORDINANCE REVISIONS -Travis Miller, Community planning. Development Director, hired Following recommendations by Januar 2006. i -Charles Wunder, Planner, January hired August 2006. the Community Development Travis Miller was appointed as staff and the city's Plan the city's first Community Charles Wunder is responsible Commission, the City Council Development Director in January. for the coordination of all approved the modifications to the In his role, Miller coordinates the commercial site plan review, as Planned Unit Development efforts of three staff members and well as assisting the Community Ordinance on May 9, 2006. the city's review process for both Development Department in new development and redevelop- facilitating downtown redevelop- The city Zoning Ordinance has P p ment initiatives, preparing land always allowed Planned Unit ment including rezoning, special use studies, reviews, and design Developments (PUDs) as an uses, planned unit developments, alternative zoning procedure, but preliminary and final plats of evaluations. g lacked certain requirements to subdivisions, and land use and Greg Weber, GIS Coordinator, ensure long-term city benefits zoning variations. Miller also hired September 2006. from this development approach. serves as director and project The new ordinance provides a manager for all residential, As the city's first Geographic mechanism for innovative commercial, industrial, municipal Information System (GIS) developments that are demon- and infrastructure related projects coordinator, Greg Weber is I strated to provide value to the on behalf of the city. responsible for the coordination community over and above the and expansion of design, • Laura Haake Park Desi ner conventional zoning district 9 development, analysis, regulation. The modified hired May 2006. implementation, and maintenance re g Laura Haake was hired as the of the city's GIS system. In regulations are designed with additionWeber manages GIS more incentives encouraging this , j city's first park designer and approach with hopes of encour- works closely with the Parks and data development and creates aging the most imaginative and Recreation department on site and updates utility atlas books for g g g p use by the city's Public Works best possible design of building design, construction drawings, forms and site planning for tracts department.bid preparation, and project of land that best adapt to the management of city park natural features of such sites. development projects. The position also reviews landscape designs for commercial and j residential development projects i i 2006REPORT 7 UNITED CITY OF • ' COMMUNITY DEVELOPMENT �O'o car` The Community Development Department is responsible for community development, city planning, zoning regulation, and building code enforcement for the city. The department also E•7. 1W provides staff support to the City Council, Plan Commission and Park Board, and assists in the j review of all development plans proposed within the United City of Yorkville. Other staff ! functions involve public hearings for zoning amendments, variances, and special use permits, i along with subdivision platting and city mapping. Landscape Ordinance Revision j The city Landscape Ordinance was revised in 2006 to provide additional guidelines and stricter requirements for tree preservation. The new ordinance also provides guidelines for appropriate parkway median E landscape treatments and }i i p � II encourages more plant diversity in new developments. Annexations Land annexed by the city totaled I _ w over foursquare miles in 2006. Key Projects Underway v I - de e opment will include outlots urgent care facility and will for restaurants and specialty utimately house additional Kendall Marketplace—Zoning and development plans were retailers. medical office buildings and a approved for the Kendall Rush-Copley Medical Center— patient tower. Marketplace Shopping Center Located on Route 34 west of the Raging Waves Water Park—This located near the intersection of Kendall County Government newest addition to recreation in Route 34 and Cannonball Trail. Center, this development has been Yorkville is located on Route 47 This commercial development is approved for an urgent care facility p PP g Y near Galena Road and will offer approximately 200 acres and will and is planned to ultimately acres of water attractions.The park include over 800,000 square feet include a village center to house will operate 100 days per year of retail space when complete. specialty doctors and services, a (from Memorial Day to Labor Day) Major tenants include Kohl's, fitness center and patient tower. with daily attendance estimated at Home Depot and SuperTarget. Edward Medical Center— 3,000 individuals per day. It is Wal-Mart—Development plans The new Edward Medical Center scheduled to open in May of 2007. were approved for Wal-Mart located at the intersection of Route located on 34 acres at Route 34 126 and Route 71 encompasses 90 and Countryside Parkway.This acres.The facility will include an 11 . ANNUAL SERVICE REPORT 8 UNITED CITY OF • ' I COMMUNITY RELATIONS The Community Relations office of the United City of Yorkville strives to increase community awareness and involvement in programs, services and community events. Its primary responsibility is to provide information to residents, public officials, the business < r� community and city employees by utilizing all forms of communication including the Web site, broadcast media and printed materials. The Community Relations office also works to e �v create working relationships with the business community and philanthropic organizations in the Yorkville community. The Community Relations office working with guild to further also publishes and distributes the advance Promenade of the Arts city's newsletter, marketing Fine Arts Festival. - brochures, new resident packets, -Currently working to establish pamphlets, and the city's Annual Art in City Hall program to Service Report. Community foster art within the Yorkville Relations is also responsible for community and to partner the updating, maintaining and performances in the park in researching new opportunities for with other organizations such i 2007. The Saturday night as Waubonsee Community performances will take lace the city's official Web site, in College and the Yorkville July. p addition to managing the School District. J y Historical Street Naming Project. -Formed partnership with the *Building strong relationships with Villages of Oswego and •Fully redesigned the city's community organizations such Plainfield to market the three Web site bringing all updates in as Rotary International, the house using computer software communities as a weekend Yorkville Area Chamber of getaway. Contribute. All information is Commerce, Optimist Club, g Y now updated daily. Kendall Arts Guild, Yorkville Designed resident packets, -Worked with the Walter and Economic Development Corp., newsletters and Web site to have and Connie Payton Foundation Aurora Area Convention and a consistent image. to bring the first Kendall Visitors Bureau, the Fox Country •Working on a new volunteer County Sweetness Run to Players and the Jr. Womens' guide to be distributed in new Yorkville. Approximately 250 Club. resident packets and through runners participated in what *Taping of City Council City Hall. The guide provides will now be an annual event individuals with organizations meetings on a regular basis. in Yorkville. that have volunteer opportunities •Worked with the Parks and •Implemented FVTV cable in the city and around the access show titled Inside ll County ount Recreation Department in the Keny area. Yorkville with Police Dept. planning, organizing and Co-hosts include Barry -Hired a Public Relations coordination of Hometown Groesch and Glory Spies. intern. Days. Provided publicity and The monthly show highlights •Organizing and coordinating advertising for the first city departments within the United City's 50th anniversary as the run Hometown Days. City of Yorkville and also United City. -Worked with the Kendall Arts highlights current events in and .Continue to grow and strengthen Guild to bring the first art around the community. relationships throughout the exhibit to City Hall during *Fox Country Players have community. Illinois Arts Council week. Also agreed to do a series of I � � • ANNUAL SERVICE REPORT 9 UNITED CITY OF • ' ENGINEERING AND PUBLIC WORKS The Public Works Department of the United City of Yorkville is divided into three departments: sewer, streets and water. Each department has a vital role in the daily operations and mainte- nance of the city of Yorkville. The water department is responsible for providing safe drinking 'p• water to Yorkville residents. This is accomplished through the ongoing development of the ' city's three water treatment plants.The department also oversees 62 miles of water main pipe, 850 water hydrants and currently has storage capacity of 4.55 million gallons of water in five water towers. Water Department • Created specification, bid and Lehman Crossing, to the north SERVICE AND REPAIR purchased new Caterpillar water tower at Bridge Street using backhoe. a 16-inch water main. Repaired 28 water main and Wells 3 and 4 Treatment service leaks that caused an Improvements and estimated loss of over 5.6 million Ex Facility—This award-winning gallons of water. pansion facility became our third ion exchange treatment plant in The water department—along with Materials used in these repairs operation. With the completion of the sewer, street and engineering this plant, the city is now in included: departments—provided assistance •315 tons of CA6 and CA15 in the design construction and compliance with the federally stone mandated radium levels. The IEPA testing for the following projects: requires that the City perform 36 •116 tons of asphalt •Installed 856 new water meters. King Street raw and finished different water quality lab tests •Replaced 143 water meters water main—This project created daily with a yearly overall testing in existing residences. This raw and finished transmission total of 13,140. The water depart- does not include the various water mains from Well 93 to the ment also tested over 1,000 'new calls for meter checks and new treatment facility located at construction' water samples this simple repairs such as wire 610 Tower Lane. It also included past year. reattachment and outside two new river crossing mains, and reader replacement. the installation of a much needed Developing projects *Installed and commenced new main through a very old for 2007 operation of the first fixed section of town. based radio-read system for State Street Water Main—A The water department is currently water meters. project that created approximate- working to create an additional *Responded to over 1,000 I 3,500 LF of various size water connectinga customer service calls and y pressure zone b y customer questions. mains providing a larger diameter 16-inch water main from Grande • of main connection for the entire Reserve to Autumn Creek.This Repaired 150 existing hydrants. southwest side of the city. The new pressure zone will be *Located and documented all project commenced at the inter- monitored by our new pry station curb stops division.Countryside Center Subdisection of Fox & State Streets and at McHugh and Kennedy Roads -Installed locking mechanisms ended at the intersection of Rt. 47 to be installed in the spring of and South Main Street. 2007. In addition, the city's fourth on all new raw water fire water treatment plant, Well #4 hydrants. Galena Road Water Main—The located on Pavilion Road, is *Flushed entire water system Galena Road project connected currently in the design and in April and October the northeast water tower at (approximately 1,600 hydrants). engineering stage. i 2006REPORT 10 UNITED CITY OF • ' ENGINEERING AND PUBLIC WORKS 2. c The city's street department is responsible for the maintenance, repair and improvements of 90 miles of city roads and parking lots. The department also maintains all traffic control devices and street lights. Seasonal operations include snow removal, brush and leaf pick up, ` ! coostreet sweeping, and storm clean-up. E 'pb The Sewer Department is respon- Improvements and sible for the daily maintenance of ' Repairs the six sewer lift stations as follows: R.O.W. MAINTENANCE -_ *Blackberry North -Brush pickup began in April •Bruell Street and ran until November. The •Countrysidestreet department hauled *Grande Reserve 375 truck loads of brush •Rai ntree from the s.city's right-of-ways. Y g Y •River's Edge *Leaf pickup resulted in 840 j cubic yards of leaves vacuumed Improvements and off the city's parkways. Water Department Expansion Staff p off street department also repaired and landscaped all p The sewer department assisted cit parkways of damage The water department staff Y g e p arwa Y includes two class A licensed with decommission of threep from water breaks and low operators, Brian Sorensen and Joe outdated lift stations including damage F.E. Wheaton, 10/06; Kylyns, Moore. Both Brett Behrens and 09/06 and Wildwood, 09/06. *Streets is also responsible for Kevin Lawrentz are Class C 12 miles of mowing, center licensed operators. Mike Waters, j Street Department line trimming, garbage pickups employed since July, is working and flow line maintenance. to receive his Class C water Annual Report operators' license. •Shoulder maintenance is also SERVICE AND REPAIR the responsibility of the Sewer Department The street department maintains street department and uses the following equipment and approximately 24 tons of j Annual Report vehicles: gravel distributed on pavement edges throughout the City. SERVICE AND REPAIR *Nine dump trucks *Received 31 customer service *Six pickup trucks Road Maintenance calls for sewer back ups. •Two skid steer loaders *One backhoe In addition the street department *Received 50 customer service .Nine salt spreaders multiple is responsible for mule road response calls for various p p *One gravel spreader j maintenance services including j sewer questions. •15ows l *Saved the city over $5,000 p the following: by performing lift station *One utility tractor -Cold patching in 2006 involved *One flail mower and motor repairs that were the street crew hand shoveling previously contracted out. hand tools over 18 tons of cold mix. 00 • ANNUAL SERVICE REPORT 11 i L UNITED CITY OF • ' ENGINEERING AND PUBLIC WORKS o� The United City of Yorkville Engineering Department consists of five employees and includes the following responsibilities: Subdivision and commercial development plan reviews, annexation agreement reviews, provides assistance in developer/city negotiations, supervises j outside city consultants, works with other governmental agencies, prepares in-house plans for city-funded bid projects, mapping, and assigns new addresses. *Maintaining the city crosswalks Leaf pickup *Abandoned Rt. 126, Kylyn's by striping 17 crosswalks, also Brush pickup Ridge and Wheaton Ave. lift 1,000 feet of double yellow on Hydrant flushing stations. on Fox Road and 2,400 feet of King Street water main •Constructed first leg of SW red, white and blue on • State Street water main Interceptor. Somonauk Street. • Wells 3 & 4 treatment facility *Maintains 16 traffic signals • Snow removal *Prepared plans and provided consisting of over 900 light • 28 water main break repairs oversight for two city-wide bulbs and 576 detector loops. I • Hand delivered watering projects—crack filling and *Over 500 lighting repairs I ban letters. asphalt surface treatment. were made including several In summary, 2006 was a very *Prepared plans for projects— concrete pole replacements. busy and productive year for the bituminous paving and Countryside city's Public Works Department Parkway. -Signs ordered and installed by the Street Department for city and would like to take this IN-TOWN ROAD PROGRAM streets included: opportunity to thank all of the Phase Two of the In-Town Road other city departments for their program will begin in 2007. INSTALLED NEW: help throughout the year. The project will construct new • 190 street name signs utilities and rebuild roadways on • 45 stop signs Engineering • 9 yield signs portions of the following Capital Ca six-year*Updated d •U roadways: Hydraulic, Van • 12 no parking signs j p y p Emmon, Madison, Fox, • 2 blinking curve signs Improvement program. Washington, Orange, Mill, • 36 speed limit signs *Provided construction Heustis Adams and Morgan. REPLACED: administration for 33 residential The project consists of two • 95 street name signs and commercial developments. contracts—one for the • 290 posts *Completed 30 in plan construction of watermains and • 238 arms for street names review projects. the second for utilities. plus caps and cross brackets •Updated zoning and ward maps. Cross Departmental *Continued new development Support addressing. Relatively small, the Public •Performed water, sewer and Works Department relies on cross i residential site inspections. departmental help for large scale •Provided oversight of consultants projects. The following is a for private development and list of those projects that were city-funded projects. performed by multiple departments *Completed Rob Roy Creek within the city. Interceptor Contract 1-6, at a j total cost of$10 million dollars. 00 • ANNUAL SERVICE REPORT 12 UNITED CITY OF • ' IIS PUBLIC WORKS In the year 2000 the United City of Yorkville took positive action and foresight to recognize the necessity to provide safe drinking water to meet an ever-increasing population. The city worked with Engineering Enterprises, Inc. to evaluate its water works system and to prepare 4- a planning document to bring the city's drinking water radium compliant. The project was e ►�`' completed in November of 2006 without raising resident taxes. j The United City of Yorkville's into the existing system, Water Works System Radium taking the system from Compliance and Expansion 2.74 million gallons project was recently recognized per day (MGD) to 7.07 ' by the American Public Works MGD; adding three �; rI wwwTe Association (APWA) Chicago water treatment plants Metro Fox Valley Chapter and the with a total capacity of American Consulting Engineers 7.56 MGD; increasing Council (ACEC). water storage from 800,000 gallons to At a recent award ceremony, 4,550,000 gallons; Mayor Art Prochaska and Public constructing eight F� Works Director Eric Dhuse joined 1 i miles of water main, Engineering Enterprises, Inc. to Itwo booster pumps and ' officials accept a Project of the Year two pressure reducingEnterprises, Inc. accept the APIVA award. Award at the APWA's annual valve stations, and installing awards banquet. The city won the a state-of-the-art SCADA award in the environmental within five years, is significant in (supervisory control and data and of itself, but also meaningful category. In addition, the project acquisition) system. g was also recognized by the ACEC to the United City of Yorkville is in a separate awards ceremony. The project encompassed 18 that all 18 projects —at a value overlapping projects that doubled of $20 million—were completed The improvement, which beganYorkville's water works without raising the taxes or water in 2000, included integrating system, which created two rates of our residents." additional water supply (wells) additional pressure zones and To complete this project, the city provided the additional was also able to use additional benefit of soft water for funding sources—including a Yorkville residents. federal State and Tribal Assistant According to Engineering Grant, an Illinois Environmental Enterprises, Inc., the project Protection Agency low interest was completed ahead of loan, developer fees and revenue schedule and ensured radium bonds. } compliance. t 'r "We couldn't be happier with _ the results of these improve- Picluiedl , ft to right: CityAttic Works ••rneyEric �•hn ments," said Yorkville Mayor Wyeth;interim City Administrator John Crois; Art Prochaska. "The enormity MayorProchaska and Alderman Deanof this project, completed 2006REPORT 13 UNITED CITY OF • ' FINANCE The goal of the United City of Yorkville Finance Department is to maintain the financial condition of the city through prudent financial management practices.The city of Yorkville's E.. ` IBM Finance Department is one of many departments expanding its servicing power in order to < meet the demands of a growing community. Due to the rapid growth of the city, the Finance Department has grown from a department of two to a department of seven in the past four years. According to Fitch Ratings, the projects. Operating sources and Administrative Assistant United City of Yorkville's financial developer contributions each Water Maintenance Worker position is strong, as growth has provide about half of the Parks Maintenance Worker I been factored into budgeting and financing. Full-time IT Specialist capital planning. FINANCE Employee Programs and Services: Standard & Poor's Rating Services •Health & wellness blood g *Implemented cell phone policy screening raised its issuer credit rating and g underlying rating to 'A' from 'A-' -implemented check replacement *Continued DOT compliance on the city's outstanding General policy *Formalized offer letter process Obligation Dept, reflecting strong *Revamp the non-exempt hiring tax base growth. In addition, process Standard & Poor's raised its rating HUMAN RESOURCES *Created the exempt hiring on the city's debt certificates to New hires for 2006 included: process 'A-' from 'BBB+'. • Urban Planner *Harassment training Streets Operator •Benefits fair The city's six-year capital plan p *Salary survey totals $54.1 million. Two-thirds GIS Coordinator Two Police Clerks of the plan relates to water and Information TeChIIOlOgy sewer improvements, with the Finance Director balance dedicated to street Senior Accounting Clerk • Improved City Hall's network Receptionist performance with the installation of a new primary United , server and a reconfiguration of the network. • Implemented wireless access os in City Hall for employees 0° and visitors. 07 • Implemented a hardware oe rotation policy to replace 05 , „�,� outdated equipment. �ise. szJ 04 • Fully updated the inventory of hardware and software 03 j • Aided in contact negotiations °Z with PDQ Link for them to o., provide a wireless DSL j service to the city. 1 2 3 4 5 8 I I • ANNUAL SERVICE REPORT 14 UNITED CITY OF • ' FINANCE EST 1836 Property tax $1,571,133 United City of Yorkville General Fund Budget 200612007 Revenue Summary Sales Tax 2,845,000 Other Taxes 2,315,000 157V33 106 5 17C OCC. 3414 2.845,069 18% License, Permits ■P•openyTax and Fees 3,623,593 ■Sales Tax Other Taxes D Loonse,Permits S Fees . 'R° 'F°°°"� Road Funding 5,170,000 3 623 69-' 23 it 5,C00 231% 5% I I I i United City Of Yorkville Equalized Assessed Values 450 000 CC6 418.844,296 2001 $135,338,134 400 006.cw 2002 165,164,744 350.300 OCc ( 309.027.008 2003 201,321,334 300,0 2004 238,356,477 0G WG 238.358.477 259.W0,000 '/ 201,321,33, 2005 309,827,006 2W,OD0 GGG- 1°•174•'" _ 11S.—I 2006 (est.) 418,644,298 ,0!1,O9D.000 , — - I 5o.3x 006 � 2002 2003 2004 2005 2006 ftknatsd Pane • ANNUALSERVICEREPORT 15 UNITED CITY OF • ' PUBLIC LIBRARY `��o city The United City of Yorkville is experiencing a period of rapid growth and it's estimated that in 20 years Yorkville's population could be close to the 40,000 mark. As a result, the Yorkville E•T. ` ,.x community had the foresight to approve a bond sale that has allowed the city to construct a 34,000 square foot library addition. As a new modern facility, the library can offer many new services and programs to Yorkville residents.The library celebrated its grand opening on Sunday, February 11. New library additions Materials and and services Services -Children's library -Materials for Adults: •Children's program area The Adult Services department located in *Lobby with seating area the upper level holds *Wireless Internet access all adult books as _ well as movies *Study rooms for small groups music audiobooks, news- •Growing music and DVD papers, magazines, collection reference materials *Courtyard garden with fountain and computers. and statuary Materials for Children: I *Seating areas throughout the The children's library is located li library in the lower level. It houses all Building Facts •Radio fre uenc ID technolo materials for children including q Y gy books, magazines, music and Architect for faster circulation and videos. Burnidge Cassell Associates security materials •Check-Out:The library's new •General Contractor *Express check-out express check-out stations allow Henry Bros. Co. • American with Disabilities Act patrons to check-out books •Size compliant on their own.The stations Total: 40,000 sq. ft. *PC reservation system are located in the adult area, Original building: 6,000 sq. ft. children's library and in the lobby. Built in 1983 •Art display area Addition: 34,000 sq. ft. *Large print area •Cost *Genealogy and local history room - $8.5 million •Adultuiet reading g room Library Holdings *Expanded parking for patrons 25,181 books and parking with handicapped 1,087 audio books availability DVDs, adult musical CDs Magazine and newspaper subscriptions i 16 UNITED CITY OF • ' PARKS AND RECREATION The United City of Yorkville Parks and Recreation Department is responsible for creating over 20 truly unique themed parks throughout the city including Gilbert Park, Grande Reserve En. ,p1 Regional Park, Cannonball Park, Sunflower Park and River Edge Park II. In addition to its many classes and programs for kids and adults, Parks and Recreation also offers Parker's Playtime Pre-School, basketball and soccer leagues, outdoor movies, Music Under the Stars and much more! Administration discount on season passes for a balanced way through the Yorkville residents. The Park use of non-city owned *Awarded a Kendall County and Recreation Department is community facilities, such as Youth Service Board Grant to accepting applications and New Life Church, the Yorkville assist with three youth payment for season passes and Congregational Church, programs throughout the providing information on the Parkview School, and the school year, allowing us to waterpark to the public in its Yorkville School District. reduce costs to the students quarterly catalogs. and offer scholarships to those *Completed a renovation of the who needed assistance. -Said good bye and 'job well garage area attached to the done" to Park Board old Yorkville Police Station •Worked in collaboration with members, Heather Fiala and west of Riverfront Park, Fox Valley United Way to Tammy Smock who retired converting the area to an enhance and expand from the Park Board. attractive recreational meeting recreational opportunities for space overlooking the Fox Yorkville and other Kendall -Welcomed new members Deborah Horaz and KellyRiver. County children with special needs by jointly setting aside Sedgwick who were appointed -Commenced the renovation $15,000 for this purpose. by the Mayor to serve on the process of the old Post Office Park Board. building located at 201 W. -Applied for and received a $400,000 Illinois Department -Worked with the Yorkville Hydraulic St., which had been of Natural Resources Open School District to appoint a acquired by the city last summer. The space will serve school liaison to serve on the Space and Land Acquisition/ as the administrative office for Development grant for the Park Board and welcomed Prairie Meadows Development. Athletic Director, Seth the Park and Recreation Dept. Dave Mogle and Scott Sleezer Schroonover to serve in this and the primary registration site traveled to Springfield to give a capacity. for city recreation programs and services. A March 1, 2007 presentation to the IDNR •Held a Strategic Planning completion is expected. Grant Review Panel Retreat for Park Board *Working with architect and Members and Administrative *Participated in multiple city/ Staff to identify and discuss developer planning meetings other city departments to y and annexation agreements locate, design and construct a critical issues and to establish new Parks and Public Works goals for 2007. This exercise giving input on park develop- ment and recreational facilities operations facility. and programs. *Worked cooperatively with the lishment of objectives and action plans. owners of Raging Waves, a new privately owned waterpark *Delivered recreational service opening in 2007, to establish a to the Yorkville community in / 1 . ANNUAL SERVICE REPORT 17 UNITED CITY OF • ' PARKS AND RECREATION C/ The Parks and Recreation Department is a municipal department under the jurisdiction of the United City of Yorkville. As a result, there is no separate tax levied to fund the cost of EST. ` "M operations for programs, facilities or parks. The department is under the direction of the Park Board, an advisory board that was created to provide direction, management and recommendations for the needs and desires for parks and recreational services. E i i Park Development •Constructed Steven G. Bridge Recreational Programs, Park, a 56-acre park site i Events and Services *Constructed Grande Reserve located on the southwest Park D. The park has a corner of Galena and • The annual Hometown Days "school" theme. It is located Kennedy Roads in the Grande Festival came under the along Grande Trail adjacent Reserve Development. This responsibility of the city for to the new school in the park has acres of oak trees the first time. City staff and Grande Reserve Development. and the Blackberry Creek runs community volunteers joined This park not only serves as a through it. It also features together to improve and neighborhood park for the three lighted ball fields, a enhance this popular event. community but also as the concession stand, open space playground for the school. It is and a baseball themed Collaborated with the Walter ADA accessible so handicapped playground. The park will and Connie Payton Foundation children can play right alongopen in April 2007. to bring the "Sweetness Run" side their friends. The open to Yorkville which is a 5K and turf area includes two soccer *Coordinating with the Illinois 8K walk/run event that benefits Department of Natural in-need children in the Chicago fields. To save money, the Resources Water Resource parks department did all of area. Division on the reconstruction the landscaping and safety of the Glen D. Palmer Dam •Offered Camp 911 through a surfacing on this park in-house. partnership with Morris Phase I and Phase II. Upon Hospital and the Yorkville *Constructed Raintree Park A. completion, the newly recon- This park has a dinosaur structed dam will include a fish Police Department. theme and is located on ladder to aid in the movement Parkside Lane adjacent to the of fish in two way travel clubhouse in the Raintree around the dam. It will also Development. The park include a bypass around the features climb on dinosaurs, dam offering both a moderate ' thatch style roofs, dinosaur and challenge chute for y . . panels and fossils stamped paddlers. into the concrete. Additional .Conducted several town features include a sand play meetings for new park area with a backhoe digger, development to receive public and buried dinosaur "bones." input. There are also benches, and a ! . picnic table to sit and have j lunch. _ II / 1 • ANNUAL SERVICE REPORT 18 UNITED CITY OF • ' PARKS AND RECREATION The mission of the Parks and Recreation Department is to act in unison with the United City e of Yorkville goals and to enhance the recreation, open land and environmental opportunities for the residents of Yorkville. The Yorkville Parks and Recreation Department strives to respond < , _ to the leisure needs and desires of the Yorkville community, implement the Parks and Open Space Master Plan and utilize financial resources efficiently and equitably. *High school dances were held -Angela Alwood and Joe outside for the first time this Gatlin joined the department ( fall. The teens enjoyed the as Recreation Coordinators, change. filling one vacancy and a •The fall soccer league as well newly created position. 4 as the winter basketball league -Mary Garbelman and Shelle continues to increase in Campbell were hired and job numbers as the community share a part-time receptionist grows. We also offered a new position at the Recreation spring soccer league along office. with a new spring men's softball league. *William Scott and Kris Garwych were elevated to •The recreation staff offered a full time Maintenance Worker •Offered new acting and new program called Polar status from their seasonal modeling classes for Express, which like the park maintenance positions. elementary age students. popular movie involves a real •Tony Houle was promoted to -Offered a two-year-old train ride to a neighboring the Parks Department hl ram that community (the North Pole) pre-school program and a visit from Santa Claus. foreman position. Tony has introduced toddlers to the demonstrated his skills and re-school setting. The Over 100 children participated p g• abilities for many years and department saw strong and we had to turn some will continue to be a leader increases in re-school families away for lack of p in the Parks Department. participation. space. We will offer it again nextear and add another *Tony Houle and Ryan Horner •Added a competitive level and train to allow for more people. are certified playground a travel level to the fall inspectors. This allows the soccer league. •Offered a new self-esteem city to provide the safest program for intermediate j •Increased revenue for the third possible playgrounds for the students at selected Yorkville residents of Yorkville. The consecutive year at Beecher schools. concession stand. exam must be taken every *Represented the Park and Staffing News and three years to keep up-to-date on the latest guidelines. Recreation Department in the Development July 4th parade, distributing *Recreation staff, Sue Swithin flyers for upcoming events. •Dave Mogle became the new and Tim Evans, attended *The coed softball league director of the Parks and the IPRA professional Recreation department. development school. expanded. � � • ANNUAL • • • 19 UNITED CITY OF • ' III i PARKS AND RECREATION a �� The goal of the United City of Yorkville Parks and Recreation Department is to provide high quality parks and recreation services in which the city can be proud. The city operates 20 parks some of which are currently under development and to be completed soon. City parks < co are modern, safe and contain many recreational features that create enjoyment for all ages. In most of these parks, colorful themed playgrounds stir the imagination of children while they play. •Ryan Horner, William Scot, maintenance/public works Tony Houle, and Peter Scodro building. are United States Department -Determine a land acquisition of Agriculture licensed plan through the Parks and pesticide operators. This Recreation master plan and allows them to apply herbicides, incorporate into strategic --- pesticides and fertilizers to City objectives. owned property in a safe manner. *Address staffing needs to stay current with rapid growth of y *Complete a arks and recreation •Parks staff, Scott Sleezer and the city. p p Tony Houle, attended donation/gift brochure. Maintenance Management *Finalize a license agreement .Secure additional space for School, a two-year program. with the Forest Preserve recreation programming. The course study advances the District for the city's use of a management skills of persons portion of the Hoover *Explore opportunities to in the maintenance and property for active recreation secure more grants. operations of a Park and activities. -Complete the updating of Recreation department. *Complete a community survey the Park and Recreation *Several staff in both the park on Parks and Recreation needs master plan. maintenance and recreation and desires. -Host neighborhood park "open programming areas attended •Finalize a new school/ houses" for the purpose of sessions at Park and Recreation parks agreement. creating a sense of ownership state and national conferences with the residents surrounding *Build a strategy for developing and seminars, learning new the parks techniques and enhancing new partnerships that will q g benefit the residents of Yorkville. *Host additional community-wide their knowledge and skills. events or significantly enhance *All parks staff and recreation and expand existing events. program managers became certified in adult and infant CPR and first aid. Future Objectives �� and Planning *Continue to pursue steps to identify potential sites and devise a plan for a new park 1 / • ANNUAL SERVICE REPORT 20 UNITED CITY OF • PUBLIC SAFETY The mission of the Yorkville Police Department is to work in partnership with the community to protect life and property, assist neighborhoods with solving their problems, and enhance the quality of life in our city. The Yorkville Police Department is committed toward moral and ethical work habits and organizational pride.The Yorkville Police Department places high values toward honesty, customer satisfaction, ethical conduct, innovation, teamwork, e ,r, community awareness, self-directed work, tolerance of dissenting views, and public relations. Yorkville Police Dept. for all children in grades 1, 2, 5 j 2006 Summary and 7. t • Provided security at the j • Beverage Alcohol Seller Fourth of July festivities and 8 Server Educational Training— Riverfront Festival. Two sessions were held. This . Illinois Law Enforcement program assists our local — Alarm System (ILEAS) liquor establishments in Lieutenant Hart and Lieutenant - learning to identify underage Schwartzkopf continued their patrolling the streets of Yorkville persons attempting P ti p g to advanced training in this to assist in keeping our purchase alcoholic beverages. specialized protection unit for community safe. • Cadet Program—Matt Feldott the State of Illinois. *Neighborhood Watch—The was hired as a cadet, which The Yorkville Police Dept. program continues to grow increased the Cadet Program received an ATF Trained with a total of 107 groups to two cadets. His duties explosive detection canine. i city-wide with approximately include ordinance enforcement K9 O'Neil is currently 1,425 members. The Police and assisting with community assigned to Officer Jeff Department continues to programs, while also studying Johnson. The canine and support our citizens in this criminal justice at Waubonsee Officer Johnson went through program, offering support for Community College. an intensive 10-week long block parties, annual block • Citizens' Police Academy— training program sponsored captain meetings and other One 13-week session was held. by the ATF Department. events. • Continued to work with With the passing of K9 Jumbo -National Night Out—During Citizens Police Academy and the retirement of K9 this annual event, 300 Alumni Association in special Sammy, the citizens of Yorkville residents attended. events and community orient- Yorkville graciously assisted *Officers took a total of 3,006 ed programs. in funding two new canines police reports. • Commendations, achievements for Officer Dan Pleckham and Officer Andrew Jeleniewski. *Our staff now includes: and appreciation awards—A -Chief of Police total of five commendations Officer Pleckham was assigned and two achievement awards to K9 Bandit, and Officer •Two Lieutenants were given to Yorkville Jeleniewski was assigned to K9 •Five Sergeants Officers this year. One citizen Joda, both black Shepherd •17 full-time Officers doBoth dos will be trained •4 part-time Officers was given a commendation. in nsarcotic detection and tracking i •4 full-time Records Clerks • Continued DARE program— and once completed, will be 94 Crossing Guards The program was continued i 2006REPORT 21 UNITED CITY OF • ' 1 THE VISION i 0 car` Each year United City of Yorkville elected officials identify a series of strategic goals that will guide them in envisioning the future and quality of life for the city and its residents. This year EST. ` ,.w the City Council held a vision meeting to identify the city's strengths and weaknesses.The city is also working to form various focus groups to create a vision for the future that will �. represent that of the entire community. Senior citizens, individuals with disabilities, youth, LE and businesses have been identified and will soon participate in an open forum. •Riverfront redevelopment. *Developers building schools and municipal buildings. *Industrial park development. *Public safety priority. Future Opportunities •Updated comprehensive plan. •Educational opportunities for municipal membership. -Desired location for development City Council -Highlighted park redevelopment. and entertainment of high standards. Highlights from 2006 •Highlighted riverfront. *Commercial growth. •Encouraged upscale residential developments. *Incentives established for o Past Accomplishments p existing and small businesses. •Brought regional commercial -Kept local crime low. without rooftops (Jewel). *Train connection to Aurora. *Continue to work with the YEDC *Establish committee for seniors *Expanded and upgraded to assist in attracting businesses. new development. and youths. *Developing canopy protection .Establish aldermen mentoring *Water system expansion and ordinance. radium elimination. program. •Intown Road Program continued. *Strong infrastructure planning. *Open space protection. Continued Goals *Build on Intown Rd ram. *Developers building schools for upon Road program. *Balanced residential/commercial the school district. i *Expand Riverfront development. development. *Building standards upgraded •Expanding infrastructure and *Preservation of open space. above industry standards. upgrading infrastructure using *Economic hub of region. *Kept local taxes under control. developer funding. •Developers' fees support tax base. •Intown Road Program *High building standards via (accelerating and continuing). ordinances. •Commercial/cultural epicenters- small and privately owned. 00 • ANNUAL SERVICE REPORT 22 ORDINANCE NO Page 1 of 6 CITY 00UW_1t_ DRAFT: 02-25-07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER OF THE UNITED CITY OF YORKVILLE MUNICIPAL CODE TO ADD A NEW ARTICLE THERETO SINGLE-FAMILY DWELLINGS VISIT-ABILITY CODE WHEREAS, whether due to injury or age, there is a great likelihood for each of us, at some time in our life, to suffer a temporary or permanent condition that limits mobility or the ability to perform daily tasks of living; and WHEREAS, visit-ability design provides barrier-free housing for persons throughout their life and this sustainability in housing ensures that not only will the home continue to be affordable, but it will also continue to serve the physical needs of housing family members and visitors from childhood to senior years; and WHEREAS, a home is the single largest financial investment for most families and the average cost of barrier-free design features included in new construction is much less than later modification for accessibility when such features are required, and WHEREAS, people with disabilities and their immediate families are often isolated into their own homes because the homes of most of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a suitable house to purchase or rent; and WHEREAS, an occupant of a home that has barrier-free design features who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or delay the great expense and emotional trauma of institutionalization; and WHEREAS, the senior population will double in the year 2030 and most of these seniors (85%) prefer to remain in their homes (AARP), and visit-ability file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 ORDINANCE NO Page 2 of 6 design retains elders in the neighborhood to provide cultural stability and continuity; and WHEREAS, THE Mayor and City Council believe and hereby declare that it is in the best interest of the City to establish a Visit-ability Code, as hereinafter provided: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS IN THE EXERCISE OF ITS STATUTORY POWERS, AS FOLLOWS: Chapter of the Municipal Code of the United City of Yorkville shall be and is hereby amended to add a new Article thereto, which new Article shall hereafter be and read as follows: ARTICLE - VISIT-ABILITY CODE Section _ - PURPOSE. The purpose of this Article is to establish minimum regulations for the design, installation and construction of single-family dwilings by providing reasonable criteria for visitablity by persons with disabilities. Section , - TITLE. This article shall be known as the Visit-ability Code of the United City of Yorkville and is hereinafter referred to as the "Visit- ability Code" or "this Code". Section _ - VISIT-ABILITY REQUIREMENTS. Ensure each single- family, dwelling unit contain at least one level that complies with the following requirements: Section _ - STEP FREE ENTRANCE. Every single-family dwelling and attached single-family dwelling shall be provided with at least one (1) step free entrance, accessible from an accessible route from a parking area or public way. (An accessible route is a continuous, unobstructed path at least 36 inches wide connecting all interior and exterior elements and spaces of a house and site including corridors, parking, curb ramps, crosswalks and sidewalks and served by a no-step, flat entrance with a beveled threshold of 1 /2 inch or less. This step free file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 ORDINANCE NO Page 3 of 6 entrance shall be approached by a slope no greater than 1 in 12 (less steep is desirable). This entrance can be approached by a sidewalk, a driveway, a garage floor, or other usable route. The step free entrance may be located at any entrance of the home. If the step free entrance is located in the garage, a doorbell button shall be located outside the overhead garage door. In a case where a lot is so steep that it cannot be graded to a maximum slope of 1:12, the driveway may have to exceed to a 1:12 (or) less route leading from the driveway to the no-step entrance. EXCEPTIONS: The United City of Yorkville Engineer or his designee may only grant modifications or an exemption to the requirements of this Ordinance regarding full compliance with exterior path or travel on an individual case-by-case basis. The criteria for granting a modification or exemption are as follows: (1) The lot rises or falls so steeply from the street than a maximum 1:12 slope cannot be achieved without extensive grading; and (2) Determines that such entrance is not feasible based on water table elevations. Section _ - ELECTRICAL WALL SWITCHES. In all single-family dwellings, wall switches controlling light fixtures and fans, security system, electrical panel or thermostat shall be located at a height not to exceed forty eight (48) inches above finished floors. Height shall be determined by measuring from the finished floor to the center of the switch. EXCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section _ - ELECTRICAL WALL RECEPTACLES. In all single-family dwellings all wall receptacles, light switches, thermostats and environmental controls shall be located at a height not less than fifteen (15) inches above finished floor. Height shall be determined by measuring from the finished floor to the center of the receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Chief Building Official or duly authorized designee. EXCEPTION: This requirement does not apply where the use of special equipment file:M\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 ORDINANCE NO Page 4 of 6 dictates otherwise as required by the manufacturer. Section - ELECTRICAL BOX. Electrical box must be located inside building on the same level as the no step entrance. Section _ - OUTSIDE ELECTRIC PANELS. An electrical panel located outside the dwelling unit must be between 18 inches and 42 inches above the ground and served by an accessible route. Section - WALL REINFORCEMENT. First floor bathroom walls shall be provided with lateral two-inch x six-inch or larger wood blocking installed flush with stud engines within wall framing, to support potential grab bars, if required. Such reinforcements shall include (aa) two backing reinforcements on the back all of the bathtub, each at least 24 inches long and not more than 24 inches from the head end wall and not more than 12 inches from the foot end wall, one in a horizontal position at least 33 inches, but not more than 36 inches, above the floor, and one 9 inches above the rim of the bathtub; (bb) one backing reinforcement on the foot end of the bathtub, at least 24 inches long and located at the front edge of the bathtub; and, (cc) one backing reinforcement on the head end wall of the bathtub, at least 12 inches long and located at the front edge of the bathtub. A pre-manufactured tub and shower surround may be used which includes grab bar(s) certified to meet the ADA requirement to bear a 250 pound load. The wood blocking, when measured to the center, shall be located between thirty-three (33) inches and thirty-six (36) inches above the finished floor. All walls adjacent to the toilet shall have horizontal backing reinforcements, each at least thirty-three (33) inches, but not more than thirty-six (36 inches, above the floor and sufficient to allow for a twenty-four (24) inch grab bar on the wall behind the toilet and another forty-two (42) inch grab bar. If a shower is present in the bathroom, such reinforcements shall include backing reinforcements on at least two walls on which the control valve is not located, each at least thirty-three (33) inches, but not more than thirty-six (36) inches above the floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. All bathrooms, washrooms and powder rooms shall meet all applicable requirements of this Code. Section - FIRST FLOOR WASHROOM/POWDER ROOM. There file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 ORDINANCE NO Page 5 of 6 shall be at least one washroom/powder room, containing at least a sink and a toilet located on the dwelling first floor located closest to grade level. that each allow for parallel or head-on approach by a person in a wheelchair. This washroom/powder room shall be designed and constructed in a manner than will provide wheelchair access to both the water closet and lavatory. EXCEPTION: If a no step entrance is located at a level other than the level closest to grade, such as the lower level of a split level home, and a washroom or powder room that complies with the requirements of this Code is located on the same level as the no step entrance, a first floor washroom/powder room shall not be required. Section _ - WASHROOM/BATHROOM DESIGN. All washrooms, bathrooms and powder rooms shall meet all applicable requirements of the Code. It is not essential (although it is recommended) to have a large turning radius inside a residential washroom, bathroom or powder room. In a small washroom, bathroom or powder room, the wheelchair user can roll in forward and roll out backward. A minimum thirty-two (32) inch clear path must be provided to all fixtures and the room must be designed in a manner that will allow the user to be able to shut the door when using the room. The bathroom, washroom or powder room door may be hinged to swing out to provide more room, if the hallway design provides the proper clearances. Section _ - ACCESSIBLE HABITABLE SPACE. At least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet. Section - DOORS AND HALLWAYS. All hinged, sliding, folding exterior and interior doors (deck, patio, balcony) shall not be less than three (3) feet in width and six (6) feet, eight (8) inches in height, and shall provide a minimum clear opening of thirty two (32) inches (measured from face of door to stop). All required exit doors shall be side hinged. The minimum width of a hallway or exit access shall not be less than forty-two (42) inches, and in no event shall the width of a hallway be less than required by the 1997 Illinois Accessibility Code. EXCEPTIONS: Sliding doors, providing that a minimum of thirty-two (32) inch clear opening is maintained. Interior pocket doors, providing that a minimum file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 ORDINANCE NO Page 6 of 6 thirty-two (32) inch clear opening is maintained. Interior doors that do not require passage for access as determined by the code official, for example, doors to linen closets and pantries in which the shelves are located immediately inside the door opening. A door that provides access to a closet of fewer than 15 sq. ft. in area. Any interior door located in a manner that when fully open, a minimum thirty-two (32) inch clear opening is provided. Section - ROUTES WITHIN A DWELLING UNIT. Every single- family dwelling shall have an accessible route through the hallways and passageways of the floor level served by the step free entrance. Hallways should not be less than forty-two (42) inches in width. All other passageways, other than doorways shall not be less than thirty-six (36) inches in width. This Ordinance shall be in full force and effect after its passage and approval. PASSED this day of , 2007. file:HC:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 1 of 3 DRAFT: 02-25-07 ORDINANCE NO. - AN ORDINANCE AMENDING CHAPTER OF THE UNITED CITY OF YORKVILLE MUNICIPAL CODE TO ADD A NEW ARTICLE THERETO COMMERCIAL SITES BARRIER-FREE ACCESSIBILITY Section _ - COMMERCIAL SITES BARRIER-FREE ACCESSIBILITY. All commercial sites shall comply with the accessibility requirements of the Illinois Accessibility Code, as amended; the provisions of Title (Building Regulations) of the United City of Yorkville, as amended. To ensure compliance with the requirements referenced above, the following guidelines should be considered in the site design for new construction or commercial projects (and may not apply for additions, alterations, or historic preservation): 1) An accessible route should be provided from accessible parking and passenger loading zones to an accessible entrance. Accessible routes shall be constructed with a minimum slope (<2%) and be free from obstacles. 2) The cross slope of sidewalks should be kept at a minimum of (1/4":1 foot) as necessary for drainage. This will make it easier for a person utilizing a wheelchair or walker to move forward without veering left or right. 3) Sidewalks should be flush with grass areas on either side to help prevent wheelchairs from overturning should a wheel roll off the sidewalk. 4) Sidewalks should be 5 feet wide, minimum, to allow two wheelchairs to pass. In high pedestrian traffic areas, the sidewalks should be 8 feet wide. 5) Where passenger-loading zones are provided, an adjacent access aisle should be provided where the sidewalks are flush with the pavement. file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 2 of 3 6) Entrance area near the door should have a nearly flat area (allowing for proper drainage to avoid ponding and icing). 7) All power door pedestals with push plates should be clear of the door swing, typically 5 feet from the door. 8) Accessible entrances should be considered for secondary entrance points in addition to the main entrance. 9) Accessible parking stalls shall be close to both the main and auxiliary entrances, to provide maximum access for persons with disabilities. 10) Accessible parking stalls should be constructed with minimal slopes (1/4":lfoot) which provides a nearly flat surface for wheelchairs and minimum slopes necessary for drainage. 11) Concrete wheel stops should not be used in accessible parking stall loading areas, which would obstruct the accessible route from accessible parking to an accessible entrance. 12) The sidewalk adjacent to accessible parking stalls should be flush with the pavement to provide an accessible route to an entrance. 13) Accessible parking spaces shall be appropriately designed through signage and striping. Signs shall be vertically mounted on a post or wall at front center of the parking space, no more than 5 feet horizontally from the front of the parking space and set a minimum of 4 feet from finished grade to the bottom of the sign. 14) Speed bumps can create a hazard for low riding wheel chair vans. Section - . PENALTY. Any person, firm or corporation that violates any provision of this Article shall be subject to a fine of not less than $50.00 nor more than $500 for each such offense, and each day on which the violation occurs or continues to occur shall be a separate offense. SECTION : If any section or subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 3 of 3 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION : This Ordinance supersedes all policies, resolutions, ordinances or parts thereof adopted prior hereto which are in conflict herewith, to the extent of such conflict. SECTION : This Ordinance shall take upon its passage, approval and publication in pamphlet form in the manner provided by the law. NEW CONSTRUCTION. The provisions of this ordinance shall not apply to: 1. Any building for which a building permit has been issued prior to the date of its passage by the United City of Yorkville City Council; and 2. Any building for which a building permit has been applied for prior to the date of its passage by the United City of Yorkville city Council if a building permit is subsequently issued on the basis of such application within six (6) months of the date of the original application; and This Ordinance shall be in full force and effect after its passage and approval. PASSED this day of , 2007. file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 1 of 4 DRAFT: 02-25-07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER OF THE UNITED CITY OF YORKVILLE MUNICIPAL CODE TO ADD A NEW ARTICLE THERETO MULTI-FAMILY DWELLINGS ACCESSIBILITY OF STRUCTURES CODE The Building Codes Director of the City shall enforce the accessibility laws and codes for new multi-family housing subject to regulation under the Fair Housing Act and the Illinois Human Rights Act. New housing subject to regulation under this Chapter shall be constructed in compliance with all applicable regulations and with the following seven technical requirements in the Accessibility Guidelines promulgated by the federal government under the Fair Housing Act: 1. Accessible Entrance on an Accessible Route: 1.1 If there are separate entrances for ground-floor units, each entrance shall be accessible. 1.2 If there are common entrances to a multi-unit building, at least one entrance, typically used by residents for entering the building, shall be accessible 1.3 An accessible entrance shall be located on a route that a person in a wheelchair can travel, leading to and from locations in the structure or complex, such as parking facilities, public transportation, amenities such as laundry room and recreational facilities and other similar facilities. 2. Accessible Public and Common-Use Areas: 2.1 Parking areas, curb ramps, passenger loading areas, building lobbies, lounges, halls and corridors, elevators, public use restrooms, and rental or sales offices shall be accessible to persons with disabilities, including such facilities as drinking fountains, water coolers, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, recreation facilities, nature trails, and other similar facilities. 3.0 Useable Doors: file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 2 of 4 3.1 Doors shall be wide enough o enable a person in a wheelchair to maneuver through them including public and common-use doors, doors leading into an individual dwelling unit, and all doors within the dwelling unit itself. For wheelchairs, doors must have a clear opening width of at least 32 inches (measured from face o door to the stop, with the door open 90 degrees. 3.2 All types of doors are included in this regulation, including hinged doors, sliding doors, and folding doors. 3.3 Doors leading to any outdoor amenities the dwelling or complex may have are included in this regulation, including doors to such amenities as a balcony, patio, or deck. 3.4 If a deck or patio has doorways leading into two or more separate rooms, all these doors must be usable 4.0 Accessible routes into and through dwelling unit: 4.1 Thresholds of the exterior doors of a dwelling unit may not exceed 1/4 , this regulation shall apply to sliding door tracks. 4.2 In a single-story units, changes in height of %" to 1/2 shall be beveled. Those greater than 1/2 shall be ramped or have other means of access. Minimum clear width for an accessible route inside the unit is 36 inches. Hallways, passages and corridors shall be wide enough to allow room to maneuver a wheelchair throughout the unit. 5.0 Accessible light switches, electrical outlets and environmental controls: 5.1 Operable parts of controls must be no lower than 15 inches and no higher than 48 inches from the floor. 5.2 Switches, outlets, thermostats, and controls shall be accessible to persons in wheelchairs. file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 3 of 4 6.0 Reinforced walls in bathroom: Walls in bathrooms shall be reinforced so that grab bars near the toilet, tub, shower, and shower seat, if not already provided, may be added later. 7.0 Usable kitchens and bathrooms: 7.1 A minimum of 40 inches of clear floor space shall be provided in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances or walls. 7.2 A U-shaped design shall require a minimum of five-foot in diameter clear space, or removable cabinets at the base of the `U'. 7.3 Appliances must be located so they can be used by a person in a wheelchair. A 30-inch by 48-inch clear floor space is required for a parallel or forward approach. 7.4 Adequate maneuvering space shall be required in bathrooms so that a person in a wheelchair can enter, close the door, use the facilities and fixtures, and exit. 7.5 All bathrooms shall include a basic degree of maneuverability and usable doors, reinforced walls, switches/outlets in accessible locations, and must be on an accessible route. 8.0 Additional accessibility standards: If a building with four or more dwelling units, none of which is occupied by the owner, has no elevator and will be ready for initial occupancy, the following standards shall apply to ground floor units: 8.1 In a building with an elevator, all dwelling units shall be made accessible and the elevator must serve all of the units. 8.2 In a building without an elevator, all dwelling units on the ground floor shall be made accessible. The accessibility requirements apply only to the ground floor units, all ground floor units shall be made accessible. 8.3 This subsection shall be interpreted to be consistent with the accessibility laws and codes incorporated by reference in this Chapter. ADDITIONAL RENTAL REGULATIONS: file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 Page 4 of 4 No owner or manager of property being made available for rent shall: 1. Refuse to let a person with a disability make a reasonable modification to his or her dwelling unit or common use areas at the sole expense of the person renting the property from the owner or manager, if the modification is necessary for that person to make the housing accessible. The owner or manager shall be required to permit the modification to be made only if the person making the modification agrees to restore the property to its original condition when that person vacates the property. 2. Refuse to make reasonable accommodations in rules, policies, practices, or services if the accommodations are necessary for the person with a disability to use the housing. file://C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\OLK... 2/23/2007 DRAFT: 02-25-07 CHAPTER PLANNED UNIT DEVELOPMENTS AMENDMENT Density Bonuses: Unless waived by the City Council or modified by ordinance, densities in a planned unit development shall be established by the comprehensive plan for residential developments and by bulk requirements of the underlying zoning district or the district where the use is first allowed. Increases in density may be granted where it is determined where the use is first allowed. Increases in density may be granted where it is determined that such increases will not negatively affect the value or enjoyment of surrounding property, the provision of municipal services, or the flow of traffic on local streets. To be granted density increases, a planned unit development shall evidence a superior level of design and amenity enhancement. Features considered in this determination include, but are not limited to the following: 1. Transit supportive design including creative mixed-use development. 2. Tree preservation. 3. Superior architectural design. 4. Enclosed, underground or depressed parking areas, or parking areas that incorporates landscaping in excess of the minimum standards established by ordinance or policy. 5. Plazas, malls, formal gardens, or other pedestrian areas. 1 6. Community amenities. 7. Preservation and/or enhancement of natural features. 8. Preservation of historical character. 9. Amount, quality, and interconnectedness of common open space. 10. Inclusion of an affordable housing component based on one hundred fifteen percent (115%) of the median family income as set by U.S. Department of Housing and Urban Development (HUD) guidelines. 11 . Barrier-free design beyond the minimum accessibility standards required under the Illinois Accessibility Code, United City of Yorkville, BOCA code, or any other applicable accessibility code. 12. Other features as determined by the plan commission or City Council. 2 10/06 AVERAGE COSTS TOTAL AVERAGE ADDED COSTS PER HOME FOR ALL THE FEATURES: $ 98 for homes built on a concrete slab $ 573 for homes with a basement or crawl space BREAKDOWN OF AVERAGE ADDED COSTS Zero-step Entrances: �. Concrete slab: $0 to $75 with an overall average of$25 z. Crawl space or basement: $100 to $1,000 with an overall average of$500 (based on deducting the cost of the steps which the zero-step entrance replaces). Average added cost per dwelling when grading the lot and sitting the house for the most advantageous, cost-effective entry point 3. Threshold: One ADA threshold providing rise of V2 inch at the door of the zero- step entrance: average cost per dwelling: $8.00 4. Interior Passage Doors: All interior passage doors (including bathroom doors on the main level are a minimum of 2'10", providing a minimum of 32" clear passage space: Average added cost per dwelling, assuming five interior passage doors on the main level: $25.00 5. All Environmental Controls at reachable heights: Average cost per dwelling: $0 1 6. Usable Bathroom: At least one usable bathroom containing at a minimum, a toilet and sink on the main level with a 30" x 4$" rectangle of clear space at each of those fixtures that is not encroached on by the swing of the bathroom door. These clear spaces may overlap. Note: to achieve this clear space in a small bathroom or powder room without adding square footage, the bathroom door may be hinged to swing outward, or a pocket door may be used. Average cost per dwelling: $0 7. Bathroom Walls Reinforced: Reinforced at designated locations to permit later installation of grab bars if desired (grab bars themselves are not required). Lumber from scrap pile may be used for this purpose. Average cost per dwelling: $40 (materials and labor) TOTAL AVERAGE ADDED COST PER DWELLING ON A CONCRETE SLAB: $25 + $8 + 25 + $40 = $98 TOTAL AVERAGE ADDED COST PER DWELLING WITH A BASEMENT OR CRAWL SPACE: $500 + $8 + $25 +40 = $573 Available to corroborate these cost figures: Dr. Ed Steinfeld, Professor of Architecture, Department of Architecture, State University of New York, Buffalo,NY Harold Dean Kiweld, AIA, CSI, CCS Registered Architect (MN & WI) Arch. Specifier, Minneapolis, MN Louis Tenenbaum, Independent Living Strategist, Potomac, MD 2 Disability Access Office Page 4 of 10 F w - 4� New Construction: $371- $670 page break Design Feature Cost . Later Modification for Necessary Access: $2000.00 (ATF) . $3,350- $3,840 (SA Ramps)$5,402 (COSA Rental Rehab Office) page break Universal Design Housing Ordinance Features httn•//www canantnnin vnv/ada/iTn Hnncina All acn?rPc=10�4k.ver=tme. 4/77/9,006 Bolingbrook Photos In June 2003, Bolingbrook IL passed a Visitability ordinance requiring basic access in all new homes. Several years prior to the law, the City had been strongly urging Visitability and many builders had complied. By June 2004, more than 3,000 Visitable homes had been constructed. Although nearly all have basements--as opposed to slab construction-- only a handful required exemption from the zero-step entrance. City officials state that there have been no problems with moisture at the entries, even though many of the homes have weathered three snowy winters. The photos below show several of the homes. .r r; Photos by Concrete Change, 2004 =ReturnHousinq,Laws.■III Home PajejIlSite Map Segregated Townhouses / Integrated Townhouses WOK t — Photo by Concrete Change The resident in the disability-designated unit (with the ramp and wheelchair sign) unfortunately can not visit dozens of neighbors, living in a row of townhouses built with a step up to each porch. Nor can residents in the neighboring units enter or exit their own homes independently if they experience a temporary or permanent disability. A sidewalk parallel to the curb and low-cost grading, when the units were constructed, could have provided every home with a zero-step entry. —Photo by Concrete Change ID W =`Aa �r o United City of Yorkville Memo J 0 T 800 Game Farm Road EST1 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-4350 O � l4 'I sFax: 630-553-7575 „ <LE ��'�• Date: February 23, 2007 To: City Council From: Bart Olson, Assistant City Administrator CC: John Crois, City Administrator Subject: Fox Road sidewalk agenda item At the February 20th COW meeting, direction was given by City Council to move two motions forward regarding the Fox Road sidewalk to the February 27th City Council agenda. The first motion was to be to rescind the City Council vote that approved the previous plan, which essentially routed a sidewalk through the side yards of two White Oak Estates houses, and the second motion was to be to vacate the public access portion of the easement. Upon further research, it was confirmed that the first motion is inconsequential, because City Council never officially voted to follow the plan. Direction and consensus was given at the January 16th COW meeting to follow the plan as mentioned above and to have staff contact the grant writer to explore potential grants for the bike path. This agenda item did not show up on the January 23'd or February 13th City Council meetings for a vote—therefore, the City Council does not need to vote to rescind the previous plan. The remaining courses of action could be to achieve consensus not to follow the previous plan, to identify a new plan, or continue to research other options and wait for the list of FY 07/08 budget priorities(this was the consensus given to staff at the February 20th COW meeting). The second motion to vacate the public access portion of the easement remains in its original state on this agenda for your consideration. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE VACATING A PUBLIC ACCESS EASEMENT IN THE WRITE OAK SUBDIVISION WHEREAS, the UNITED CITY OF YORKVILLE has discussed and considered the path of a bike trail in and through the White Oak Subdivision, and WHEREAS, during the course of that discussion it has been determined that the City has no use for, and therefore chooses to vacate a public access easement between to residential lots within the White Oak Subdivision as more specifically described on the attached Exhibit"A", and WHEREAS, the City Council,by this Ordinance finds that the public access easement is of no use or value to the City, and that public access can be obtained via other routes, and WHEREAS, the City Council does not vacate or alter the utility and storm water easements that reside upon the same parcel, and expressly states that this Ordinance does not alter affect, or change those easements whatsoever. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that: SECTION 1: The public access easement upon the property described on Exhibit "A"and vacated. The utility and storm water easements are not changed by this Ordinance. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder certified copy of this Ordinance, together with Exhibit"A". 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" Legal Description The south 15 feet of Lot 86, being a part of White Oak Farm— Unit 4, recorded as Document No. 99117191 on November 17, 1999, located in the United City of Yorkville, Kendall County, Illinois. The south 15 feet of Lot 86 also dedicated as a public utility and drainage easement, and those easements should remain in effect. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE APPROVING VARIANCE FOR SIGNAGE FOR THE PEARL VISION BUSINESS LOCATED AT 620 VETERANS PARKWAY WHEREAS, Randall Burggraf("Petitioner") filed ZBA Petition 2006-99 requesting a variance for a wall sign on the fagade of the building as described in detail in the Petition which is incorporated by reference herein.; and WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition, and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought, and WHEREAS,the Zoning Board of Appeals recommended to the City Council that it deny of the request of the petitioner of said requested variance to Section 8-11-40b of the City Code concerning signage to the City Council; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioner; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following a Variance is hereby granted from the United City of Yorkville Code, Title 8,Building, Chapter 11, Signs, Section 8-11-43b regarding wall signs for the property as more fully described in Petition 2006-99 which is by this reference incorporated herein: 1. To allow a wall sign as depicted in the application on the east side of the building, overlooking an access drive and a pond. No further variance is granted. The variance granted herein is contingent upon the adherence to the details depicted in Petition 2006-99. No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2007 by the City Council of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. 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. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF (Yorkville South) 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 and developer 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 anticipated to become 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. 2007. MAYOR Page 2of3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. 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 4 Revised January 10,2007,February 1,2007,February 2, 2007,February 14,2007,February 23,2007 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Yorkville South) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered into as of the_day of , 2007, by and between Nancy H. Bierma; and MPI 96 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNERS", and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "DEVELOPER", and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibits A and B (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development (PUD)known as the Yorkville South Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD District with single-family, townhome and multi-family residences (totaling 1 1,427 units) and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. E. 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. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on March 8, 2006. City Council conducted the public hearing on the annexation agreement on June 13, 2006. F. The Parties have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of the Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each Party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibits A and B as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential and commercial uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 238 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each Party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. 2 (iii) Each Party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is not currently contiguous to the corporate boundaries of the CITY. Upon the SUBJECT PROPERTY becoming contiguous to the corporate boundaries of the CITY, the CITY shall immediately act to annex the SUBJECT PROPERTY pursuant to the terms of the OWNERS and DEVELOPER's Petition for Annexation. I. It is the desire of the Parties that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had 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. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, attached hereto as Exhibit C to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the Parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, and upon the SUBJECT PROPERTY becoming contiguous to 3 the corporate boundaries of the CITY, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY as a PUD District with single-family, townhome, and multifamily residences and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 3. PLATTING AND ENGINEERING. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan(Exhibit Q. Additionally: A. Transitional Area Compliance. The CITY acknowledges that the DEVELOPER has met the Transitional Area Requirements as demonstrated in Exhibit D when evaluated in context of density restrictions that the DEVELOPER has placed on the Suburban Residential land areas north of the Transitional Area. The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. The CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas and the areas are in compliance with the minimum planting requirements of the Landscape Ordinance. B. Phasing Total Unit Count. The Parties acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Exhibit C, Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced herein. As such, the CITY and DEVELOPER acknowledge at the discretion of the DEVELOPER, the number of dwelling units to be approved in any phase on the final plat of subdivision can vary 5% from that described on the Concept Plan for that same phase of development provided the total maximum dwelling unit count for all phases does not exceed 1,427 units. All proposed Final Plat units for this development shall contain a minimum of 80 dwelling units for multi family areas or an entire neighborhood as identified on the concept plan for single family areas. 4 C. Approval of Preliminary/Final Plats and Preliminary/Final Engineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Yorkville South will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development provided no more than a total of four (4) preliminary plans are established for the SUBJECT PROPERTY. If the DEVELOPER decides to process said plans concurrently, then the Final Plat of Subdivision, Final Landscape Plan and Final Engineering Plan shall be submitted in place of any required preliminary plan documents and shall serve as the Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering, referred to herein collectively as the "Final Plans". Preliminary Plans or Preliminary/Final Plans when processed concurrently will require a public hearing before the Plan Commission. Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this Agreement and substantial conformance with the Concept PUD Plan, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. D. Architectural Review. Subject to the design guidelines provided in Exhibit M and Covenants described in Section 29, the DEVELOPER shall maintain architectural review and control of the design and elevations of all structures within the SUBJECT PROPERTY and shall establish covenants, conditions and restrictions with each final plat of subdivision. Said established covenants, conditions and restrictions shall not be less restrictive than current City ordinances including the City Appearance Code (Ordinance 2005-51). Established covenants, conditions and restrictions more restrictive than the City Code shall be monitored and enforced by the DEVELOPER. 4. MODIFICATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit E attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY("Permitted Modifications"). 5. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to construct and install certain on-site and off-site sanitary sewer, water system and roadway improvements as detailed in Paragraphs 6, 7 & 8 of this Agreement. DEVELOPER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with 5 existing CITY subdivision regulations as modified by this Agreement. Any on-site and off-site work (as detailed within this Agreement) and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined below, except as otherwise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary easements to construct improvements at the written request of the DEVELOPER. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions, easement drawings, construction documents and other exhibits as necessary, the DEVELOPER shall grant reasonable permanent and temporary construction easements as necessary for the construction of the extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. If DEVELOPER cannot provide said easement within 30 days, DEVELOPER will provide a response in writing that explains why the easements cannot be granted or granted within that time period and will provide an alternative date/location for granting of said easements. DEVELOPER will use its best efforts to grant said easements within a 30 day period. The CITY shall issue permits to DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) construction of the CITY, YBSD and off-site utility improvements provided: (1) such construction is undertaken at the risk of a Party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat, if the preliminary plat is submitted separately from the final plat, for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY will use all reasonable efforts to cause the Yorkville Bristol Sanitary District to issue said permits. The CITY agrees to process and sign IEPA sewer and water permit applications separate and apart from the review of final engineering plans (i.e. the IEPA permit applications will not be held until the CITY approves the final engineering) so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering 6 plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after DEVELOPER undertakes activities pursuant to the provisions of this Subsection. A. Establishment of Special Service Area as Primary Funding_Mechanism for Installation of Public Improvements. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with sanitary sewer and potable water service may be funded through the enactment of a special service area. At the DEVELOPER'S request, the CITY will establish a special service area to be utilized as the primary funding mechanism for installation of the major sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. This SSA will be paid in full prior to the issuance of a Certificate of Occupancy for each dwelling unit. Special taxes (not to exceed $5,700 per single family and $5,171 per multi-family unit unless otherwise agreed to by both Parties) will be calculated to cover the debt services, administrative costs and any required reserves. The burden of the assessment is limited to and shall be paid by future owners of the property benefited by the sanitary sewer and potable water infrastructure. Upon payment of the special tax identified above, the DEVELOPER shall receive the following credits: City Water Connection Credit ($3,700 for single family and $3,171 for multi-family units) and the City Sewer Connection Credit($2,000/dwelling unit) for each lot in this subdivision. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)) and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the SSA taxes could be increased by up to $1,869 per unit (which is equal to $2,667,151 the total required Infrastructure Participation Fee (IPF), divided by 1,427 dwelling units) provided a credit in an equivalent amount is provided towards IPF fees. In the event that improvements are financed by the DEVELOPER through special service area 7 financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the the above described credit towards IPF Fees. B. Non-Special Service Area Financing. In the event that the sanitary sewer and potable water facilities are not financed through a special service area, DEVELOPER agrees to prepay all City Water Connection Fees of$3,700 per single family unit and City Water Connection Fees of$3,171 per multi-family unit and the City Sewer Connection Fees ($2,000/dwelling unit) so that the CITY will have the funds to construct facilities necessary to supply potable water and sanitary sewer to the SUBJECT PROPERTY. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the IPF Fees will be applied in full to provide $2,667,151 in additional revenue for these improvements. In the event that improvements are financed by the DEVELOPER through non special service area financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees towards these improvements. 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla and described as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9. Improvements identified within these exhibits shall be funded as specified below and in Sections 5A and B of this Agreement. These improvements require the DEVELOPER to provide upfront funding in the amount of$8,906,175 (the total Phase 1 and 3 improvement costs as identified on Page 9 of Exhibit Flb plus a 15% contingency for soft costs). This contribution exceeds the required City Sanitary Connection Fees for the SUBJECT PROPERTY (which is $2,854,000 ($2,000 x 1,427 units)) and the total required IPF Fees for the SUBJECT PROPERTY (which is $2,667,152 ($3,660 x 8 728.73 acres)) by$3,385,023. In recognition of the regional benefits of these improvements, the DEVELOPER shall be entitled to fully recover this excess upfront contribution (currently estimated at $3,385,023) from future developments. Through the annexation agreement process, the CITY agrees to require future development located within the benefiting service area (as identified on Exhibit Flc) to prepay all required City Sanitary Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property—i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city sanitary connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or upon use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures indentified in Exhibit Flb at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any future pre-paid Sanitary Sewer Connection Fees from the service area (Exhibit Flc) in order to recover their re-allocation of Sanitary Connection Fees towards these improvements. A. Utility Design—The DEVELOPER has worked with the CITY and YBSD to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. This solution is represented as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9 It is the goal of all parties to see this plan realized. However, in the event that despite the best efforts of all parties this sanitary system plan is unable to proceed due to circumstances outside the control of the DEVELOPER within twenty four (24) months from the date of this Agreement (i.e. necessary easements can not be secured to the satisfaction of YBSD and/or the CITY), the DEVELOPER shall be authorized, but not obligated, to proceed with the construction of the sanitary improvements as identified in Sections 6B-C of this Agreement (subject to engineering review) at their sole expense as an alternative to planned regional 9 improvements. The DEVELOPER would not receive any credits from the CITY and/or YBSD for a temporary solution that is only able to service the SUBJECT PROPERTY. B. Lift Stations — In the event that the YBSD sanitary plan is not implemented (as discussed above), the CITY shall allow DEVELOPER to engineer, construct, and utilize two temporary lift stations on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable Creek to serve the property north of Walker Road. This lift station can be upgraded to service the second lift station which will be located along Caton Farm Road to serve the development between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct said lift stations subject to engineering review. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the SUBJECT PROPERTY. After seventy percent build out, the temporary lift stations shall be considered long term facilities and shall be operated at the CITY's expense. In the event that either of the lift stations are abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove said lift stations at their own expense. If any of these facilities are abandoned after seventy percent build out, removal shall be done by the CITY at the CITY's expense. C. Sanitary Sewer—The ultimate concept plan for the Aux Sable/Caton Farm interceptor sewer prepared by Walter E. Deuchler Associates for the Yorkville-Bristol Sanitary District (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 1,600 linear feet, across the Windett Reserve Subdivision. If the CITY and/or DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer from Wiseman Hughes, a 24" gravity sewer shall be constructed. However, if the CITY and/or DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the installation of the 24" gravity sanitary sewer, the YBSD sanitary plan will not be implemented (as discussed above). In this case,the DEVELOPER will construct a 10"force main in this same location (1,600 linear feet across the Towns of Windett Reserve Subdivision) to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said force main subject to engineering review. Furthermore, the CITY 10 shall allow the DEVELOPER to place the temporary force main in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY, subject to engineering approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY will not object to the DEVELOPER utilizing the existing Route 47 right-of-way to service the SUBJECT PROPERTY provided IDOT concurs. If required, this 10"force main shall be funded by the DEVELOPER at their sole expense. If the YBSD sanitary plan is not implemented, the DEVELOPER shall also be allowed to construct a 10" force main from the ending point of either the 24" gravity sewer or 10" force main described above to the SUBJECT PROPERTY along Route 47 to service the SUBJECT PROPERTY. This improvement shall also be funded by the DEVELOPER at their sole expense. In the event that the force main is abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove all contents within, cap and plug said improvement and abandon said improvement in place in accordance with all pertinent regulations and sound engineering practice at its own expense. If this improvement is abandoned after seventy percent build out of the residential portion of the SUBJECT PROPERTY, abandonment shall be done by the CITY at the CITY's expense. D. Capacity- The CITY, due to a possible lack of sanitary sewer plant capacity, agrees to use their best efforts in managing development approvals and building permit approvals in a manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water treatment plant capacity that is available to the SUBJECT PROPERTY. E. Oversizing — In the event the DEVELOPER oversizes the onsite sanitary sewer to serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be eligible for recapture. The total cost(including design) of the sanitary sewer improvement which benefits offsite properties will be recovered from benefiting properties (per Exhibit F1d) through recapture based on a pro-rate share using an acreage basis which will be paid at the time of final plat approval. This recapture agreement would be entered into at the time of final plat approval. F. YBSD Easements—The DEVELOPER will grant easements to YBSD to allow for the construction of the Aux Sable/Caton Farm interceptor sewer along the Aux Sable Creek. The total width of the permanent easement will be determined at the time of final platting with input 11 from YBSD. The DEVELOPER also agrees to provide a temporary construction easement adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width. 7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution for southern Yorkville, as prepared by EEI, consists of the following improvements: extension of a 16" water main from its existing location along Route 47, near Windett Ridge south, to Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm Road and a 16"water main along Immanuel Road. In order to move forward with the realization of this plan, the CITY and DEVELOPER agree to the improvements identified below. Improvements identified in Sections 7A, D, & E shall be funded as specified below and in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding in excess of$4,841,359 (the total City Water Connection Fee required for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 829 MF/TH units)) to cover water improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future development. Through the annexation agreement process, the CITY agrees to require future developments located within the benefiting service area (as identified on Exhibit F2 to prepay all required City Water Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city water connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. . In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated in this Agreement, the CITY shall be entitled to retain any future pre-paid Water Connection Fees from the service 12 area(Exhibit F2) in order to recover their re-allocation of Water Connection Fees towards these improvements. In the event that another developer elects to move forward with all or a portion of the water system improvements described herein in advance of the DEVELOPER, the DEVELOPER agrees to prepay all or a portion of its required City Water Connection Fees to the CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever occurs first, in an amount equal to the costs of said improvements but in no event more than the total required City Water Connection Fees for the SUBJECT PROPERTY. The CITY shall authorize their engineering consultant to proceed with the design of the well and water treatment plant within thirty days of a request by the DEVELOPER and upon DEVELOPER's initiation of funding for design engineering. The CITY shall provide the DEVELOPER with a schedule for said design engineering date within thirty days of the first payment from DEVELOPER. A. General Overview - The CITY shall allow DEVELOPER to construct and utilize one 1,000 GPM deep well, a water treatment plant and an off-site water main extension (along Route 47) to service the SUBJECT PROPERTY for all development occurring north of Walker Road. The CITY shall allow the DEVELOPER to construct said improvements subject to normal engineering review and subject to the "Design-Deliver-Build" and "Bidding and Construction" provisions contained in Sections 7H & I of this Agreement. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. B. Route 47 Water Main - A 16" water main will be extended from its current location near Towns of Windett Reserve south to the SUBJECT PROPERTY along Route 47 and then west to the City Public Works site. This improvement will provide water service to the region and benefit adjacent properties (on both sides of Route 47). Therefore, the total cost of this improvement is eligible for recovery based on the service area and will be funded by City Water Connection Fees pre-paid by future development located within the benefiting service area (as identified on Exhibit F2) at the time of approval of the first final subdivision plat on any property covered in said agreement or upon use of said improvements,whichever occurs first. 13 The CITY shall allow the DEVELOPER to place the off-site portions of this water main extension in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY not object to the DEVELOPER utilizing the existing Route 47 right-of-way subject to IDOT's concurrance. The CITY agrees to allow DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize this single source (with an internal pressure reducing valve) to serve 100 dwelling units on the SUBJECT PROPERTY with potable water until the south-side water improvements have been constructed and are operational. The issuance of the 101'building permit will be withheld until the deep well and water treatment plant is placed on- line. The CITY will issue 100 occupancy permits with the single source watermain and internal pressure reducing valve. This improvement shall be constructed within twelve (12) months of the recordation of the first residential final plat of subdivision on the SUBJECT PROPERTY. C. Water Mains — The DEVELOPER understands the CITY's master watermain plan shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the DEVELOPER will receive recapture from adjacent properties. If the CITY allows the DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the DEVELOPER shall receive recapture for any oversizing with each benefiting property owner responsible for their prorata share of total costs. Any recaptures owed the DEVELOPER shall be paid by future development at the time of approval of their first final plat of subdivision. D. Water Storage Facility — The CITY's master water system plan shows a five (5) million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At the DEVELOPER's discretion, this contribution can be a cash contribution of $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index and would be credited towards required City Water Connection Fees), a "draw down" against the SSA when bonds are issued for said improvement, or DEVELOPER acceptance of a construction contract. With these funds, the CITY shall have the option of proceeding with the 14 construction of a five (5) million gallon stand pipe, a water storage facility or the NW Water Main Loop extension, or some other solution that the CITY deems appropriate which, at a minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an oversized water storage tank (in excess of one million gallons) or the NW Water Main Loop extension, the DEVELOPER's contribution is capped at $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index) and would be credited towards required City Water Connection Fees. Upon issuance of the 200th residential building permit, the DEVELOPER shall, at the direction of the CITY, fund the cost of engineering design work for either a water storage facility or the CITY's Northwest Watermain loop. The CITY shall complete said engineering design work and move forward through the bidding process so that the CITY is in a position to award a construction contract for said work within 30 days of the issuance of the 300th residential building permit on the SUBJECT PROPERTY or twelve (12) months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. In the event the CITY elects to move forward with construction of a 1,000,000 gallon water storage tank or the Northwest Watermain loop, the DEVELOPER will either provide a contribution of$2,000,000 (as described above) or contract directly with the CITY's accepted bidder within 30 days of the issuance of the 300th residential permit or within twelve(12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. In the event the CITY elects to construct a water storage facility larger than 1,000,000 gallons, the DEVELOPER will provide a contribution of$2,000,000 (as described above) and the CITY will contract with the accepted bidder for the construction of the water storage facility within 30 days of the issuance of the 300th residential permit or with twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. Construction of the selected improvement shall be completed within eighteen (18) months of the time a contract is awarded to the accepted bidder and prior to the issuance of an occupancy permit for any non- residential land use. This improvement shall, at a minimum, provide adequate fire flow for all of the SUBJECT PROPERTY. The 501 st building permit for a residential unit, or an occupancy permit for any non-residential land uses shall be withheld until either the water storage facility or the NW Water Main Loop extension are completed or 18 months has passed from the time a 15 contract is awarded to the accepted bidder, whichever occurs sooner. All improvements identified above will be fimded as specified in Sections 5A and B of this Agreement. E. Capacity - In no event will building or residential occupancy permits be withheld on the SUBJECT PROPERTY based on fire flow capacity issues. F. Shallow Well Sites - On or after the date hereof, the City and its representatives may, from time to time, enter upon the SUBJECT PROPERTY for the purposes of inspecting and drilling the same in order to locate one or more well sites. The Owners and Developers agree to fund the completion of the Shallow Well Siting Program (in an amount not to exceed $330,000) for up to two(2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to cooperate with the City in the conduct of its investigations. The DEVELOPER shall be required to provide funding for said program upon application for the first final subdivision plat on the SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be required to provide a timetable for completion of this program within thirty days of receipt of any payment. DEVELOPER agrees to provide right of entry to the CITY upon the express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY related to this program. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Party arising from the entry onto the SUBJECT PROPERTY by the CITY, its employees, representatives, or agents. The CITY shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question. The CITY shall notify the DEVELOPER of its proposed location of up to two (2) half acre well sites on the SUBJECT PROPERTY ("Well Site(s)") within fifteen (15) months of the date the DEVELOPER provides the aforementioned funding for the completion of the Shallow Well Siting Program. The CITY shall not withhold approval or recordation of said plat based on their inability to locate said well sites. Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER shall donate said Well Site(s) to the CITY; provided, however that the location of the Well Site(s) shall not impede the orderly development of residential neighborhood, reduce the density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or 16 Developer's engineering. In order to minimize the impact to this master planned community, the CITY shall use best efforts to locate well sites on public portions of the SUBJECT PROPERTY or in existing open space corridors. Additionally, the CITY will work to minimize the distance of the shallow well to the deep well. The CITY shall use its best efforts to complete the construction of an individual shallow well site within 24 months of the recordation of a final plat of subdivision for that portion of the SUBJECT PROPERTY in which a well site is located, unless otherwise agreed by both Parties. G. Fire Hydrants - Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the DEVELOPER. H. Design-Deliver-Build Requirements — DEVELOPER agrees to fund/finance all testing, design, construction and construction management for one (1) deep sandstone water well with a nominal capacity of 1,000 gpm (W), a 2,000 gpm water treatment plant with the appropriate room for a high service pumping station, as well as the appropriate expansion considerations built in (WTP), and a 16" water main (WM) extension from the Windett Ridge Subdivision to the Well, Water Treatment Plant and future Water Storage Tank site (collectively referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each of these improvements. The DEVELOPER agrees to provide the appropriate construction documents for all other water system improvements required to serve the SUBJECT PROPERTY. This may include,but is not limited to, finished water main to connect to the large diameter water main at the W/WTP/WM and then the distribution throughout the SUBJECT PROPERTY, a temporary Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being constructed and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the SUBJECT PROPERTY. The CITY shall have the final decision on any additions or subtractions to the W/WTP/WM construction contracts provided said contracts are consistent with improvements defined within this Agreement. DEVELOPER shall provide all coordination and upfront funding for the construction of all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas (if required), and 17 phone to the W/WTP/WM. Said costs are to be covered as provided in the first paragraph of Section 7. DEVELOPER shall maintain ownership of all of the W/WTP/WM facilities until the CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents and/or assigns access to all facilities. A surety will be provided by the DEVELOPER for the W/WTP/WM improvements unless improvements are paid for utilizing an SSA in which case no surety will be required. Said surety, if required, may be in the form of a Letter of Credit (specific to the W/WTP/WM improvements) or Performance and/or Payment Bond, at the discretion of the DEVELOPER. I. Bidding and Construction Process — CITY and DEVELOPER will collaborate to develop a list of pre-approved contractors for each W/WTP/WM construction contracts. The CITY will transfer the W/WTP/WM construction documents to the DEVELOPER upon completion and issuance of all required permits. DEVELOPER will conduct bidding for each contract. All bids will be submitted to the CITY and CITY's engineering consultant for review along with the DEVELOPER's recommendation for bid award. The CITY and CITY's engineer consultant will provide comment on the bidding and advise regarding whether they agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will enter into the construction agreement with the contractor(s). The DEVELOPER will provide an executed copy of all contract documents to the CITY and CITY's engineering consultant upon execution. The CITY's engineering consultant will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre-construction conference, and change order review and preparation), surveying and drafting(i.e. construction staking, drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports and periodic construction progress meetings) for the W/WTP/WM construction contracts. All contracts for the W/WTP/WM will include specific performance provisions for all parties involved in processing and paying contractor invoices. Said provisions will require that the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's 18 engineering consultant no more than once per month. The CITY's engineering consultant will review the pay request and facilitate the issuance of a letter recommending payment to the DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be provided to the contractor and to the CITY, and any other parties as specified by the contracts. Any changes required to contract documents that require the issuance of a change order will require written approval from the DEVELOPER, construction contractor, CITY and CITY's engineering consultant. Signature lines will be provided for all parties on change orders. The approval process and required signatures shall be coordinated in the following order: 1) contractor, 2) CITY's engineering consultant, 3) DEVELOPER and 4) CITY. 8. ROADWAY IMPROVEMENTS. The approximate locations of the infrastructure improvements for roadways are illustrated in Exhibit F3. At the time of preliminary platting, the DEVELOPER agrees to submit an updated traffic study to provide data regarding internal trip generation volumes in order to verify design improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY. Unless warranted by the updated traffic study, the DEVELOPER shall not be required to provide any improvements in excess of those specified by EXHIBIT F3 and described below: A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right-of-way in accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in accordance with collector roadway standards as identified in Exhibit F3.. This improvement will be constructed in two phases. The first phase, which includes construction of Wheeler Road from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever occurs first. The second phase, which includes the bridge crossing over the N/S Creek Corridor to the SUBJECT PROPERTY's western boundary at Immanuel Road, shall be constructed within twelve months of the final platting of Neighborhood 1 or the commencement of construction of the planned Fire Station,whichever occurs first. Subject to necessary warrants being met, DEVELOPER agrees to install a traffic signal at the Wheeler Road/IL Route 47 intersection prior to occupancy of either the school or commercial 19 property located at this intersection. Fifty percent of the costs of this improvement will be recaptureable against offsite properties located at this intersection. B. Walker Road - DEVELOPER agrees to dedicate 60' of 1/2 right-of-way in accordance with Kendall County Highway Department's standards. All improvements to Walker Road as specified in Exhibit F5 are estimated at a total cost of$932,181. These improvements will be credited against the CITY's total County Road Impact Fee of$2,320,302 ($1,626 x 1,437 units) as shown in Exhibit H In no instance shall the combined contributions for Walker Road improvements constructed by the DEVELOPER and the remaining County Road Impact Fees paid by the SUBJECT PROPERTY exceed $2,320,302. Road improvements for this roadway will be completed within twelve (12) months of the commencement of improvements for the Walker Road commercial parcel or within twelve (12) months of the approval of a final plat of subdivision for any residential unit that contains a connection to Walker Road. C. Caton Farm Road — The SUBJECT PROPERTY is located entirely north of the existing Caton Farm Road (the existing roadway is NOT located on land controlled by the DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located within fifty (50) feet of the existing centerline of this roadway. However, since the existing roadway is located entirely offsite, the DEVELOPER will not have any required responsibility for the construction of future improvements to this roadway. At the time of final plat review for the commercial site adjacent to Caton Farm Road or Neighborhood 11, the DEVELOPER agrees to submit a traffic study for Caton Farm Road to the CITY for review and approval in order to determine the improvements that will be required for this roadway. The DEVELOPER agrees to pay their pro-rate share (50% based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Said payment shall be due to the CITY within 90 days of the issuance of the certified costs for said improvement that were completed by the CITY or an adjacent developer/property owner. The DEVELOPER shall not be allowed to gain any access to Caton Farm Road from the planned commercial site or be allowed to obtain residential building permits for NH 11 until this improvement has been completed. 20 In the event that the DEVELOPER elects to move forward with this roadway improvement on its own initiative, the DEVELOPER would have the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. DEVELOPER will also be required to pay their pro-rata share(1/4) of the traffic signal to be located at the intersection of IL Route 47 and Caton Farm Road(to be constructed by others). Payment will be based upon certified costs at the time of construction or based on an engineer's estimate of costs plus inflation (not to exceed 6% annum) if improvements have not been constructed within 3 years of approval of the final plat for the adjacent commercial parcel or Neighborhood 11, whichever occurs first. D. Immanuel Road- DEVELOPER agrees to dedicate a 40' 'h right-of-way. At the time of final plat review for NH 1 the DEVELOPER agrees to submit a traffic study for Immanuel Road to the CITY for review and approval to determine the improvements that will be required for this roadway. This improvement shall be across the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting properties based on linear frontage. The DEVELOPER will be responsible for their pro-rata share (based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Any recapture due from other properties shall be paid at the time of final plat approval for said property. This improvement shall be completed within twelve (12) months of the final plat approval for NH 1 or commencement of construction of the fire station, whichever occurs first. E. IL Route 47 - DEVELOPER agrees to dedicate right-of-way in accordance with arterial roadway standards (60'one-half ROW where available (e.g. this standard cannot be provided where the ROW is adjacent to existing ComEd easement)), unless otherwise required by IDOT. In the event that IDOT requires a '/z ROW dedication in excess of 60', the CITY agrees to reduce its IL Route 47 landscape buffer area by the amount of the excess dedication (i.e. the buffer area would be reduced by 1' for each 1' of excess ROW required over 60'). DEVELOPER agrees, at their own expense, to construct turn lane improvements required to serve the SUBJECT PROPERTY in three phases. The first phase, which shall include the intersection of Wheeler Road and IL Route 47, shall be completed within 18 months of the first final plat of subdivision for the SUBJECT PROPERTY. The second phase, which shall include the intersection of Walker Road and IL Route 47, shall be completed within 18 months of the 21 final platting of NI-Is 6, 7 or within 18 months of commencement of construction of improvements for the adjacent commercial site, whichever occurs first. The third phase, which shall include the remaining three intersections located south of Walker Road up to and including Caton Farm Road will be completed within 18 months of the final platting of NI-Is 8, 9, 11 or within 18 months of commencement of construction of improvements for the Caton Farm/Route 47 commercial site or the Walker Road/Route 47 commercial site, whichever occurs first. The scope of work and timeframes for improvements identified above shall be subject to any required IDOT permits/approval. These improvements may be eligible for recapture from benefiting properties based on linear frontage dependant upon the level of improvements that are required by IDOT. Any recapture due from other benefiting properties shall be paid at the time of final plat approval for said property F. Dedication of Ri t-of-Way-Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER and/or OWNER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to DEVELOPER by the CITY. G. Road Contribution Fund — In exchange for the DEVELOPER's agreement to undertake roadway improvements in excess of those that would otherwise be required for this development (as provided in Exhibit F4), the CITY agrees to provide the DEVELOPER with a full waiver of the Road Contribution Fund for the SUBJECT PROPERTY in an amount equal to $2,854,000. 9. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development prior to construction of said improvements or as otherwise required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled 22 Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006-19, the OWNERS and DEVELOPER shall be required to post irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and if public improvements are in compliance with City Ordinance requirements upon review of City staff, shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans and all punch list items. Public improvements may be accepted when 70% of the units within the phase of development have been constructed provided the improvements are in conformance with the ordinances of the CITY. 23 The CITY agrees to take on the responsibility of snowplowing for an individual street upon the issuance of the first occupancy permit. The CITY will plow the subject street and a route to provide ingress/egress out of the subdivision to a main external roadway. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 10. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood(i.e. park areas, offsite utilities,homeowners association open space areas) in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 11. AMENDMENTS TO ORDINANCES. All 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 the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. 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 OWNERS and DEVELOPER during said five (5) period. The CITY shall give the OWNERS and 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 date of 24 this Agreement, 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 modifications and/or 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 DEVELOPER, provided, however, that any so called "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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and 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. 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 this Agreement are as set forth in Exhibit G. These regulations 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 the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the 25 development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. 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 the said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY 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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and 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. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations and all non- local amendments to the International Building Code that are adopted by the CITY after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the sixth (6t') month following the effective date of such amendments, deletion, or addition, whether during the five (5) year term referenced above , or any time thereafter. 13. FEES AND CHARGES. During the first five (5) years following the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any 26 changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 14. WATER TREATMENT AND PUBLIC WORKS CONTRIBUTION. The DEVELOPER has agreed to donate 2.5 acres (with approximate dimensions of 400'x 275') in the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two % acre shallow well sites that are contemplated in Section 7 of this Agreement). The Developer and City will negotiate in good faith the location of this site during the Preliminary Plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. The CITY will accept this dedication within 60 days of receipt of this documentation. In exchange for this dedication, the CITY agrees that the SUBJECT PROPERTY will not be required to contribute funds as part of any future utility recapture towards the purchase of land by the CITY as the CITY has established a policy that requires the donation of said property by developers to the CITY for public benefit. 15. SCHOOL DONATIONS. Pursuant to the CITY'S School Land/Cash Ordinance applicable to the SUBJECT PROPERTY the DEVELOPER shall be obligated to dedicate 41 acres of land to the CITY on behalf of the Yorkville Community Unit District #115 ("School District")to be used as a future high school site. In full satisfaction of the DEVELOPER'S obligation under the CITY'S current School Land/Cash Ordinance, DEVELOPER shall dedicate said 41 acres of land, depicted as the School Site on the attached School Site Exhibit, Marked Exhibit"I1"upon approval of the first final plat on the SUBJECT PROPERTY and after the site has been graded by DEVELOPER. Prior to conveyance, the DEVELOPER shall provide the School District title insurance demonstrating clear title to the 41 acre School Site. In addition to the 41 acre parcel to be dedicated at no charge to the CITY or School District,the DEVELOPER shall also designate an additional 25.8 acre parcel of land to allow for the School District's future expansion of the 41 acre school site ("Expansion Parcel"). The Expansion Parcel shall be located adjacent to and north of the 41 acre school site, as depicted in Exhibit I1. The Expansion Parcel shall be held by the DEVELOPER for a term not to exceed six years from the date of this Agreement to allow the School District a reasonable opportunity to acquire said Expansion Parcel. 27 In the event the School District elects to purchase this Expansion Parcel within the established six year term as set forth in the preceding paragraph, the DEVELOPER agrees to sell the Expansion Parcel to the district at a cost of $57,500.00 per acre, for a total cost of $1,483,500.00. It is expressly understood between the Parties hereto that the Expansion Parcel is to be sold and conveyed in its entirety, and that no rights are created herein granting the School District the ability to purchase only a portion of the Expansion Parcel. Prior to the conveyance of the Expansion Parcel the DEVELOPER shall provide the School District title insurance demonstrating clear title to the Expansion Parcel. The Expansion Parcel must be utilized by the School District for School purposes. If the School District determines that it does not need the Expansion Parcel for School purposes, the DEVELOPER has the right, but not the obligation, to repurchase the Expansion Parcel at $57,5000 per acre. In the event that the School District does not elect to purchase the Expansion Parcel within the six year term provided for herein, the DEVELOPER shall be allowed to proceed with development of that parcel in accordance with the land uses identified on the School Site Alternative plan attached as Exhibit I1. This dedication and reservation of an Expansion Parcel has been supported by the Yorkville Community Unit District #115 as documented in a Letter of Understanding which is attached as Exhibit I2. 16. PARK DONATIONS. The total land area required for contribution is 40.07 acres. All Parties understand and agree that the DEVELOPER is satisfying CITY ordinance requirements for Park Land/Cash Contribution Fees through the donation of 28.8 acres of park land as depicted in Exhibit C1. To satisfy the remaining requirement of donating 11.27 acres, DEVELOPER shall pay cash-in-lieu of this required donation in the amount of $1,138,270 (11.27 acres x $101,000 per acre) (hereinafter referred to as "Cash-In-Lieu"). The Cash-In-Lieu contribution, or an equivalent combination of cash-in-lieu and grant funding, will be used by the CITY towards the construction of recreational amenities within or adjacent to the SUBJECT PROPERTY The CITY may designate a maximum of 25% of cash in lieu contributions (unless otherwise agreed to by both Parties), towards recreational amenities that benefit the residents of the SUBJECT PROPERTY but are not located within or adjacent to the SUBJECT PROPERTY. 28 The dedication and acceptance of parks by the CITY shall be made no later than sixty (60) days after the property has been machine graded by DEVELOPER per approved engineering plans and field verified with an as-built plan to 2/10ths of a foot with positive drainage, unless otherwise agreed to by both Parties. Construction of adjacent infrastructure shall not be a condition of acceptance by the CITY as long as the DEVELOPER has posted a letter of credit or bond for the adjacent improvements and the DEVELOPER has provided construction access to the park site. At the time of conveyance, DEVELOPER shall provide the CITY with a copy of the as-built plan (depicting grading) along with a current title commitment issued in the amount of the acreage conveyed times the sum of $101,000 per acre. The title commitment shall reflect the recordation of the final plat of subdivision for that unit. DEVELOPER shall reserve any rights or easements required by any governmental authority or reasonably necessary for the development of the SUBJECT PROPERTY. Such reservations of easement shall not interfere with the CITY's plans for the use of the park. The CITY agrees to accept responsibility for all fine grading and seeding of all parks once the site is accepted by the CITY. The CITY agrees to fine grade and seed each park during the next available growing season as long as the DEVELOPER has provided the CITY with a means of construction access to the Park(which at a minimum shall consist of an aggregate road for use by construction vehicles to be designed as agreed upon by both parties), unless otherwise agreed to by both Parties. In exchange for the CITY's willingness to take on this responsibility, DEVELOPER, at the direction of the CITY, will either pay the CITY the flat rate of$2,900 per acre at the time the site is deeded to cover the costs of fine grading and seeding or will pay the bid price for said improvements as provided by a mutually accepted contractor as agreed by both Parties. Said payment shall be due 45 days following the CITY's acceptance of the bid or at the time the park site is deeded to the CITY, whichever occurs later. DEVELOPER will have no further responsibility for these improvements. However, if DEVELOPER disturbs any graded or seeded Park during the construction of general subdivision improvements, DEVELOPER will have full responsibility for restoration in accordance with the CITY's specifications. For all parks, the CITY agrees to provide a conceptual development plan to the DEVELOPER within sixty (60) days of receipt of final engineering drawings for an individual park from DEVELOPER. Concept plans will be created using the criteria established in Exhibit 29 J1. These exhibits are intended to reflect the Park Department's ultimate development plans for the park sites and are subject to the approval of the Park Board. It is recognized by both Parties that park sites on the SUBJECT PROPERTY will be developed in phases. Initial park improvements, as identified in Exhibit J1, are to be funded with the DEVELOPER's cash-in-lieu payments with a minimum designation of$200,000 of the required cash donation per park site. Initial park improvements will include, at a minimum,playground equipment, internal park paths and a shelter at each park site. Subsequent phases, also identified in Exhibit Jl, are to be funded with remaining Cash-in-Lieu contributions, grant funding, or other revenue sources. The CITY shall not spend developer's contributions for initial phases in excess of$450,000 for Park Site #1, $350,000 for Park Site #2 and $300,000 for Park Site #3. Modifications to the DEVELOPER's contribution as identified above shall require the written approval of both Parties to this Agreement. Said approval shall not be unreasonably withheld by either Party and shall be based upon the overall improvement plans that remain for all parks on the SUBJECT PROPERTY and the remaining funds available to complete said improvements. At the time of construction of an individual park by the CITY, the DEVELOPER and the CITY will agree to a payment schedule whereby the DEVELOPER will pay to the CITY a portion of the required cash-in-lieu contribution for park improvements as determined by the accepted contractor's bid received by the CITY and in accordance with their construction contract. DEVELOPER's payments will be phased in accordance with the anticipated construction schedule with 50% of the required DEVELOPER's contribution due prior to commencement of construction, a second payment of 40% of DEVELOPER's contribution is due upon completion of 40% of park construction, and final payment of 10% of DEVELOPER's contribution is due upon completion of the contracted improvements, unless otherwise agreed to by both Parties. The CITY shall make all reasonable efforts to commence construction within 15 days of receipt of the DEVELOPER's initial payment. The CITY agrees to complete Phase 1 improvements to each park site within 18 months of final engineering plan submittal for that park site or 12 months after mass grading, whichever occurs sooner, unless otherwise agreed to by both Parties. At the request of the CITY, the DEVELOPER will agree to provide assistance with the construction bidding process for each park site. 30 The CITY shall agree to accept trail corridors provided trails comply with the CITY's trail specifications and the trails are located outside of the floodplain. In the event trail corridors comply with these provisions, the DEVELOPER shall receive credit towards its required cash- in-lieu contribution for said land dedications and improvements, subject to Park Board approval. The CITY shall make all reasonable efforts to obtain matching grant funding to cover/offset the costs of trail construction. The Parties agree that in addition to accepting the individual parks and trail corridors as described above, the CITY may accept additional land located with in the Aux Sable Creek Corridor or land depicted as open space on the Concept PUD Plan. This land dedication will not result in any credit towards the outstanding park land dedication requirements. This land may be used by the CITY to secure recreational/open space grant funds. DEVELOPER agrees to work with the CITY to provide documentation necessary to demonstrate the usefulness of said lands for grant purposes. By mutual consent, both Parties will agree to explore opportunities for public/private partnerships related to use of the clubhouse and/or aquatic center. It is agreed that completion and fulfillment of all the conditions described in this Agreement shall satisfy the requirements of the CITY's park donation ordinance as it relates to the subdivision. Nothing in this Agreement shall preclude the CITY from sub-contracting or performing some of the work themselves, or providing additional improvements at a later date. Each Park, Trail and/or open space corridor once developed and dedicated to the CITY, shall be maintained by the CITY in accordance with its regular maintenance program for other park sites. This donation has been supported by the United City of Yorkville Park Board as documented in a Letter of Understanding which is attached as Exhibit J2. 17. FIRE STATION. The DEVELOPER has agreed to donate 3.5 acres in the SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire tower training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. Additionally, the DEVELOPER will work with the Fire District to provide off-site stormwater management for the fire station. 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY 31 (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Yorkville South. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty(30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each Neighborhood Unit (a neighborhood unit is defined as Neighborhoods 1-11 in their entirety as illustrated on the concept plan, Exhibit Cl), shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and proof to the CITY that either the OWNERS and DEVELOPER have demonstrated to the Fire Protection District that fire hydrants within 300 feet of the dwelling unit are operational or the OWNERS and DEVELOPER have established a hold harmless agreement with the City and Fire Protection District in the absence of operational fire hydrants.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Notwithstanding any CITY ordinances to the contrary, for as long as a model area is used for selling dwelling units, the DEVELOPER shall have the right to erect fencing on a 32 temporary basis that entirely encloses the model area and directs model area traffic. It is understood that fences provided for herein shall be subject to the approval of the CITY's Zoning Administrator and that no fences shall be placed upon the public right-of-way. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall also have the right to operate a sales office out of the Clubhouse within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Neighborhood Unit as the Final Plat and Final Engineering plans are approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 19. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good 33 working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 20. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. Massagrr ding permits shall be issued in accordance with the City's Erosion and Sediment Control Ordinance(Ord. 2003-19). 21. BUILDING AND OCCUPANCY PERMITS. City agrees to issue building permits within fourteen (14) days and occupancy permits within seven (7) days for homes within the subdivision upon proper application to the CITY. When "Master Approvals" (as referenced in Section 22 of this Agreement) are in place, the City agrees to issue building permits within seven(7) days. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed due to weather conditions, CITY agrees to issue temporary occupancy permits in compliance with established procedures in order to allow the DEVELOPER the ability to complete any such improvements. No occupancy permits may be issued until the asphalt base is installed on the street serving the homes requiring said permits. Except as provided in Section 18 of this Agreement, building and occupancy permits shall not be issued by the CITY prior to proof being submitted to the CITY that the OWNERS and DEVELOPER have demonstrated to the Fire Protection District fire hydrants within 300 feet of the structure are operational. 22. MASTER APPROVAL OF BUILDING PLANS. At such time as the CITY has approved building plans for any model of a dwelling unit(including extras or options),the same shall constitute a"master approval"of the plans for such model. Thereafter, subsequent building permit applications for any model which conforms to the plans for which a master approval has been made shall include documentation customarily required for building permit applications but shall not be required to include additional copies of building plans. Each builder 34 shall provide the CITY with sufficient copies of plans for which master approval has been given, for use in the field as dwelling units are constructed. Nothing contained herein shall relieve builder from the obligations to pay permit fees for each dwelling unit for which a building permit is sought. 23. RECAPTUREABLE IMPROVEMENTS. In the event public improvements are installed that provide service to property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 28 hereof, with OWNERS and DEVELOPER recovering the payment of the recaptureable cost of said improvements by the owners of properties benefited by the same. The improvements which qualify and the identity of the benefited properties which are not already identified in this Agreement shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include all of, a part of, or more than one Neighborhood Unit. 24. DEVELOPMENT MARKETING SIGNAGE. DEVELOPER may install and maintain 1) one(1)illuminated double-faced ten(10') foot by twenty(20) foot temporary marketing sign not greater than fifteen(15')in height at each neighborhood entrance and on planned commercial nodes; 2) one temporary marketing sign, double faced ten(10') foot by twelve(12'), at each model row entrance road or the parking entrance to the temporary sales trailer; 3) one(1) onsite model home sign not greater than 20 square feet per sign in area at each model home in subdivision,4)informational and directional signage throughout the subdivision of a reasonable size and configuration, conforming to the CITY'S Sign Code, 5) six(6) onsite marketing flags at each model home entrance row with a maximum height of 25' per pole, and 6) eleven permanent entry monument signs as illustrated in EXIMIT K and permitted in conformance with the CITY's Sign Ordinance or as otherwise approved by the Building and Zoning Officer upon request of DEVELOPER. The locations of the above described signage shall be in compliance with the City's sign code which requires: all signs abut a street,be located at least 5 feet from a property line,maintain a 25 sight clearance triangle where streets intersect and not be located within any easements. All such signs for each neighborhood shall be maintainable for a period of ten(10)years or shall be removed by the DEVELOPER at the conclusion of DEVELOPER'S sales and marketing program for the Property, whichever occurs first. All other signage installed and maintained on the Property shall comply with the CITY'S 35 Sign Code. 25. OFFSITE PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct,maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate(individually an"Offsite Sign" and collectively the"Offsite Signs") subject to sign permit review and issuance by the CITY. Said signage shall not exceed 8'x16' in size and shall: abut a street,be located at least 5' from a property line, maintain a 25' sight clearance triangle where streets intersect and shall not be located within an easement. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 26. ENTRY FEATURES,LANDSCAPE BUFFERS AND IRRIGATION WELL. City agrees to allow DEVELOPER to construct entry features at the entrances to the SUBJECT PROPERTY and landscape buffers as shown in landscape plans to be prepared at the time of final platting. Said entry features shall be subject to the review and approval of City staff. Permanent entry features containing signs identifying the name of the subdivision or individual neighborhood names shall be permitted, subject to CITY Ordinances and as agreed upon by City staff. DEVELOPER will be required to obtain building permits for all monument signs. The DEVELOPER has the right to drill wells for the purpose of irrigating landscape features within the SUBJECT PROPERTY with proper permitting by the Kendall County Health Department. Said well shall not be within 1000 feet of an existing private or public well. In the event that operation of this irrigation well negatively impacts water levels in existing wells in the area, the DEVELOPER agrees to cease operation of the irrigation well until an impact analysis has been completed and mitigation techniques have been established and approved by the City Engineer. 27. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2005) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public 36 purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 28. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. The CITY agrees to allow DEVELOPER to collect interest on any recapture fees to the DEVELOPER at six percent (6% annum) to the certified costs from the date the infrastructure improvements are accepted. With this exception, each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit L. CITY and DEVELOPER agree to amend said recapture with actual certified costs as the improvements are completed and approved by the CITY. Any recapture ordinance shall be valid for the term of the AGREEMENT. B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 29. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to 37 facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the single-family, townhome, apartment neighborhoods and commercial areas are attached hereto and described in Exhibit M and comply with the City's current appearance code. Further, OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 30 of this Agreement. 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Establishment. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and fund the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including landscaping and special features located within public right-of-way and stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for the commercial parcels. 38 C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 31. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and 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 OWNERS and 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 Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and 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 any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as set forth in Exhibit F, the CITY agrees to be the lead agency in the relocation of those utilities. The DEVELOPER may bury any existing overhead utility lines along any existing perimeter roadway and be solely responsible for all associated costs. Upon OWNER and DEVELOPER's request, the CITY shall make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The DEVELOPER shall pay the cost of relocating any existing utility, unless otherwise agreed upon. 39 32. RIGHT TO FARM. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit N on each Final Plat of Subdivision. 33. INTERIM USES. Interim uses as set forth below shall be permitted anywhere on the SUBJECT PROPERTY, with the exception of property to be owned by the CITY, during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits (per field design) 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials (per approved grading plan). Gravel mining is prohibited;however said materials may be used within the development. 5. Temporary detention(per approved grading plan). 6. Construction storage and office trailers. 7. Mass grading(per approved grading plan). 8. Nursery. 34. COMMERCIAL TAX INCENTIVE. DEVELOPER is proposing 78.5_acres of Dele m comercial development on the SUBJECT PROPERTY including a major regional commercial center at the intersection of Route 47 and Caton Farm Road. In recognition of the benefit to the CITY through the creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place into a separate account for the benefit of the DEVELOPER 0 to fifty percent (50%) of the CITY'S one percent (1%)portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the SUBJECT PROPERTY and will continue for a period of twenty (20) years or until DEVELOPER has been rebated one hundred (100%) of the public infrastructure improvements as detailed in Exhibit O which were attributable to the development of the commercial properties including but not limited to design, engineering, as well as six percent(6%) interest annually. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the DEVELOPER as to its portion of the sales tax 40 rebate. Upon written assignments by the DEVELOPER such assignees shall have all rights currently vested in DEVELOPER under the sales tax rebate and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of the commercial lots on the SUBJECT PROPERTY are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expenses unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER's sole discretion. Furthermore, at the CITY's sole discretion, the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent (100%) of such funds shall be paid by the CITY to the DEVELOPER to help offset the DEVELOPER's extraordinary expenses incurred. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER as specified in the preceding paragraph, and the CITY does so secure said rebate in an amount not less than one percent (1%) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent (100%) of all expenditures incurred, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent (50%) of the CITY's portion of the State Retailers Occupation Tax to twenty-five percent(25%) of the CITY's portion of the State Retailers Occupation Tax. 35. BUSINESS DISTRICT. It is contemplated between the Parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcels, at a rate of no more than an additional one percent (1%)tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s)by City as reimbursement 41 for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the SUBJECT PROPERTY. 36. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Yorkville South Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 37. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 38. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. Terms. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the Parties. The Parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have been reached through a process of good 42 faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. 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: (I) If to OWNERS or MPI-6 South Yorkville LLC DEVELOPER: 6880 N. Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 401 S. Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine&West, Ltd. 123 Water Street Naperville, IL 60566-0565 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553-7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville,1160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion 43 of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. SUBJ Dele ---------------------------------------------------------------------=' to the J. Captions and Paragraph Headings. The captions and paragraph headings used herein ofthi; Provi4 are for convenience only and shall not be used in construing any term or provision of this all uti to dei Agreement. other prop under K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, V.co 2nd Kendall County, Illinois, at OWNERS and DEVELOPER's expense. 44 L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Material Breach. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty(30) days after notice of said breach to correct the same prior to the nonbreaching Party's seeking of any remedy provided herein; provided, however (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health of safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching Party commences the cure of such breach within the original thirty(30) day period and diligently pursues such cure to completion thereafter. 45 R. Delay. In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case, the time for such performance shall be extended by the amount of time of such delay. S. Rights to Enforce. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's right thereafter to enforce such term, covenant, agreement, or condition, but the same shall continue in full force and effect. T. Transfer of Ownership and Liability of Nancy H. Bierma as OWNER. It is expressl understood and agreed by among the Parties hereto that under this Agreement Nancy H. Bierma, as OWNER of+/- 22 acres of the SUBJECT PROPERTY located along Caton Farm Road shall not be required to peform under the terms of this Agreement. All obligations identified in this Agreement for this property shall not be required until after the transfer of Nancy H. Bierma's property to the DEVELOPER. Lastly, all responsibility of Nancy H. Bierma shall be extinguished simultaneously the transfer to title to the real estate from Nancy H. Bierma to the Purchaser, MPI #6 South Yorkville LLC as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed however, that Nancy H. Bierma shall also have no obligation to perform the obligations of the DEVELOPER unless said owner agrees in writing to assume said oblation. However, all aspects of the Concept PUD regarding land use/zoning shall be applicable to the Bierma property,and shall run with the land, even if the property is not conveyed to MPI M. 46 Dele IN WITNESS WHEREOF,the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI-6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager, Inc. By: Its: Manager Title:Mayor Attest: John Zediker,Its President Title: City Clerk Dated: .------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------ Dele Nancy H. Bierma By: Nancy H.Bierma Dated: DEVELOPERS: MPI-6 SOUTH YORKVILLE LLC an Illinois Limited Liability Company By: MPI Manager,Inc. Its: Manager John Zediker, Its President Dated: 47 LIST OF EXHIBITS Exhibit A: Legal Descriptions, revised 11/28/06 Exhibit B: Plat of Annexation, revised 1/3/07 Exhibit C1: Concept PUD Plan(provided in B/W and Color),revised 2/14/07 Exhibit C2: Site Data Table,revised 2/13/07 Exhibit D: Transitional Area Compliance Exhibit, revised 2/14/07 Exhibit E: Permitted Modifications from Local Codes,revised 2/13/07 Exhibit Fla: Sanitary Sewer Infrastructure Improvements, dated 11/29/06 and revised 2/14/07 Exhibit F1b: Aux Sable Creek Service Area Sanitary Sewer Planning(report by Deuchler) Exhibit FIc: Benefiting Properties for Sanitary Improvements (Ultimate Service Area), dated 11/27/06 and revised February 13, 2007 Exhibit F 1 d: Sanitary Sewer Tributary Area for Recapture of Oversizing, dated 11/27/06 and revised 2/14/07 Exhibit 172: Benefiting Properties for Water Improvements (Ultimate Service Area), dated 11/27/06 and revised February 14, 2007 Exhibit F3: Offsite and Onsite Roadway Infrastructure Improvements,revised 02/14/07 Exhibit F4: Road Contribution Fund Overview Exhibit F5: Walker Road Improvement Cost Detail, dated 02/14/07 Exhibit G: Current City Building Codes,revised 6/15/06 Exhibit H: Fee Schedule,revised 02/14/07 Exhibit I1: School Donation Letter of Understanding, dated 12/27/06 Exhibit 12: School Site Alternative, dated 2/14/07 Exhibit J1: Conceptual Park Planning Outline Exhibit J2: Park Board Letter of Understanding dated 2/12/06 Exhibit K: Project Signage, dated 12/18/06 Exhibit L: Sample Recapture Agreement Exhibit M: Design Standards,revised 02/13/07 Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites 48 CLr_-A�j Revised January 10,2007,February 1,2007,February 2, 2007,February 14,2007,February 23,2007 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Yorkville South) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered into as of the_day of , 2007, by and between Nancy H. Bierma; and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNERS", and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "DEVELOPER", and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY') by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibits A and B (hereinafter referred to as"SUBJECT PROPERTY'). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development(PUD) known as the Yorkville South Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD District with single-family, townhome and multi-family residences (totaling 1 1,427 units) and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. E. 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. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on March 8, 2006. City Council conducted the public hearing on the annexation agreement on June 13, 2006. F. The Parties have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of the Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each Parry agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibits A and B as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential and commercial uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 238 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each Parry agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. 2 (iii) Each Party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is not currently contiguous to the corporate boundaries of the CITY. Upon the SUBJECT PROPERTY becoming contiguous to the corporate boundaries of the CITY, the CITY shall immediately act to annex the SUBJECT PROPERTY pursuant to the terms of the OWNERS and DEVELOPER's Petition for Annexation. I. It is the desire of the Parties that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had 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. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, attached hereto as Exhibit C to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the Parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, and upon the SUBJECT PROPERTY becoming contiguous to 3 the corporate boundaries of the CITY, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY as a PUD District with single-family, townhome, and multifamily residences and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 3. PLATTING AND ENGINEERING. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan(Exhibit Q. Additionally: A. Transitional Area Com 1p iance. The CITY acknowledges that the DEVELOPER has met the Transitional Area Requirements as demonstrated in Exhibit D when evaluated in context of density restrictions that the DEVELOPER has placed on the Suburban Residential land areas north of the Transitional Area. The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. The CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas and the areas are in compliance with the minimum planting requirements of the Landscape Ordinance. B. Phasing Total Unit Count. The Parties acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Exhibit C, Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced herein. As such, the CITY and DEVELOPER acknowledge at the discretion of the DEVELOPER, the number of dwelling units to be approved in any phase on the final plat of subdivision can vary 5% from that described on the Concept Plan for that same phase of development provided the total maximum dwelling unit count for all phases does not exceed 1,427 units. All proposed Final Plat units for this development shall contain a minimum of 80 dwelling units for multi family areas or an entire neighborhood as identified on the concept plan for single family areas. 4 C. Approval of Preliminary/Final Plats and Preliminary/Final En ineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Yorkville South will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development provided no more than a total of four (4) preliminary plans are established for the SUBJECT PROPERTY. If the DEVELOPER decides to process said plans concurrently, then the Final Plat of Subdivision, Final Landscape Plan and Final Engineering Plan shall be submitted in place of any required preliminary plan documents and shall serve as the Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering, referred to herein collectively as the "Final Plans". Preliminary Plans or Preliminary/Final Plans when processed concurrently will require a public hearing before the Plan Commission. Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this Agreement and substantial conformance with the Concept PUD Plan, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. D. Architectural Review. Subject to the design guidelines provided in Exhibit M and Covenants described in Section 29, the DEVELOPER shall maintain architectural review and control of the design and elevations of all structures within the SUBJECT PROPERTY and shall establish covenants, conditions and restrictions with each final plat of subdivision. Said established covenants, conditions and restrictions shall not be less restrictive than current City ordinances including the City Appearance Code (Ordinance 2005-51). Established covenants, conditions and restrictions more restrictive than the City Code shall be monitored and enforced by the DEVELOPER. 4. MODIFICATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances,rules, and codes as set forth in Exhibit E attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY("Permitted Modifications"). 5. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to construct and install certain on-site and off-site sanitary sewer, water system and roadway improvements as detailed in Paragraphs 6, 7 & 8 of this Agreement. DEVELOPER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with 5 existing CITY subdivision regulations as modified by this Agreement. Any on-site and off-site work (as detailed within this Agreement) and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined below, except as otherwise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary easements to construct improvements at the written request of the DEVELOPER. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions, easement drawings, construction documents and other exhibits as necessary, the DEVELOPER shall grant reasonable permanent and temporary construction easements as necessary for the construction of the extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. If DEVELOPER cannot provide said easement within 30 days, DEVELOPER will provide a response in writing that explains why the easements cannot be granted or granted within that time period and will provide an alternative date/location for granting of said easements. DEVELOPER will use its best efforts to grant said easements within a 30 day period. The CITY shall issue permits to DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) construction of the CITY, YBSD and off-site utility improvements provided: (1) such construction is undertaken at the risk of a Party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat, if the preliminary plat is submitted separately from the final plat, for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY will use all reasonable efforts to cause the Yorkville Bristol Sanitary District to issue said permits. The CITY agrees to process and sign IEPA sewer and water permit applications separate and apart from the review of final engineering plans (i.e. the IEPA permit applications will not be held until the CITY approves the final engineering) so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering 6 plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after DEVELOPER undertakes activities pursuant to the provisions of this Subsection. A. Establishment of Special Service Area as Primary Funding Mechanism for Installation of Public Improvements. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with sanitary sewer and potable water service may be funded through the enactment of a special service area. At the DEVELOPER'S request, the CITY will establish a special service area to be utilized as the primary funding mechanism for installation of the major sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. This SSA will be paid in full prior to the issuance of a Certificate of Occupancy for each dwelling unit. Special taxes (not to exceed $5,700 per single family and $5,171 per multi-family unit unless otherwise agreed to by both Parties) will be calculated to cover the debt services, administrative costs and any required reserves. The burden of the assessment is limited to and shall be paid by future owners of the property benefited by the sanitary sewer and potable water infrastructure. Upon payment of the special tax identified above, the DEVELOPER shall receive the following credits: City Water Connection Credit ($3,700 for single family and $3,171 for multi-family units) and the City Sewer Connection Credit($2,000/dwelling unit)for each lot in this subdivision. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)) and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the SSA taxes could be increased by up to $1,869 per unit (which is equal to $2,667,151 the total required Infrastructure Participation Fee (IPF), divided by 1,427 dwelling units) provided a credit in an equivalent amount is provided towards IPF fees. In the event that improvements are financed by the DEVELOPER through special service area 7 financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the the above described credit towards IPF Fees. B. Non-Special Service Area Financing. In the event that the sanitary sewer and potable water facilities are not financed through a special service area, DEVELOPER agrees to prepay all City Water Connection Fees of$3,700 per single family unit and City Water Connection Fees of $3,171 per multi-family unit and the City Sewer Connection Fees ($2,000/dwelling unit) so that the CITY will have the funds to construct facilities necessary to supply potable water and sanitary sewer to the SUBJECT PROPERTY. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the IPF Fees will be applied in full to provide $2,667,151 in additional revenue for these improvements. In the event that improvements are financed by the DEVELOPER through non special service area financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees towards these improvements. 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla and described as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9. Improvements identified within these exhibits shall be funded as specified below and in Sections 5A and B of this Agreement. These improvements require the DEVELOPER to provide upfront funding in the amount of$8,906,175 (the total Phase 1 and 3 improvement costs as identified on Page 9 of Exhibit Flb plus a 15% contingency for soft costs). This contribution exceeds the required City Sanitary Connection Fees for the SUBJECT PROPERTY (which is $2,854,000 ($2,000 x 1,427 units)) and the total required IPF Fees for the SUBJECT PROPERTY (which is $2,667,152 ($3,660 x 8 728.73 acres)) by $3,385,023. In recognition of the regional benefits of these improvements, the DEVELOPER shall be entitled to fully recover this excess upfront contribution (currently estimated at $3,385,023) from future developments. Through the annexation agreement process, the CITY agrees to require future development located within the benefiting service area (as identified on Exhibit Flc) to prepay all required City Sanitary Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property—i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city sanitary connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or upon use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures indentified in Exhibit Flb at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any future pre-paid Sanitary Sewer Connection Fees from the service area (Exhibit F 1 c) in order to recover their re-allocation of Sanitary Connection Fees towards these improvements. A. Utility Design—The DEVELOPER has worked with the CITY and YBSD to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. This solution is represented as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9 It is the goal of all parties to see this plan realized. However, in the event that despite the best efforts of all parties this sanitary system plan is unable to proceed due to circumstances outside the control of the DEVELOPER within twenty four (24) months from the date of this Agreement (i.e. necessary easements can not be secured to the satisfaction of YBSD and/or the CITY), the DEVELOPER shall be authorized, but not obligated, to proceed with the construction of the sanitary improvements as identified in Sections 6B-C of this Agreement (subject to engineering review) at their sole expense as an alternative to planned regional 9 improvements. The DEVELOPER would not receive any credits from the CITY and/or YBSD for a temporary solution that is only able to service the SUBJECT PROPERTY. B. Lift Stations — In the event that the YBSD sanitary plan is not implemented (as discussed above), the CITY shall allow DEVELOPER to engineer, construct, and utilize two temporary lift stations on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable Creek to serve the property north of Walker Road. This lift station can be upgraded to service the second lift station which will be located along Caton Farm Road to serve the development between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct said lift stations subject to engineering review. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the SUBJECT PROPERTY. After seventy percent build out, the temporary lift stations shall be considered long term facilities and shall be operated at the CITY's expense. In the event that either of the lift stations are abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove said lift stations at their own expense. If any of these facilities are abandoned after seventy percent build out, removal shall be done by the CITY at the CITY's expense. C. Sanitary Sewer— The ultimate concept plan for the Aux Sable/Caton Farm interceptor sewer prepared by Walter E. Deuchler Associates for the Yorkville-Bristol Sanitary District (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 1,600 linear feet, across the Windett Reserve Subdivision. If the CITY and/or DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer from Wiseman Hughes, a 24" gravity sewer shall be constructed. However, if the CITY and/or DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the installation of the 24" gravity sanitary sewer, the YBSD sanitary plan will not be implemented (as discussed above). In this case,the DEVELOPER will construct a 10"force main in this same location (1,600 linear feet across the Towns of Windett Reserve Subdivision) to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said force main subject to engineering review. Furthermore, the CITY 10 shall allow the DEVELOPER to place the temporary force main in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY, subject to engineering approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY will not object to the DEVELOPER utilizing the existing Route 47 right-of-way to service the SUBJECT PROPERTY provided IDOT concurs. If required, this 10"force main shall be funded by the DEVELOPER at their sole expense. If the YBSD sanitary plan is not implemented,the DEVELOPER shall also be allowed to construct a 10" force main from the ending point of either the 24" gravity sewer or 10" force main described above to the SUBJECT PROPERTY along Route 47 to service the SUBJECT PROPERTY. This improvement shall also be funded by the DEVELOPER at their sole expense. In the event that the force main is abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove all contents within, cap and plug said improvement and abandon said improvement in place in accordance with all pertinent regulations and sound engineering practice at its own expense. If this improvement is abandoned after seventy percent build out of the residential portion of the SUBJECT PROPERTY, abandonment shall be done by the CITY at the CITY's expense. D. Capacity-The CITY, due to a possible lack of sanitary sewer plant capacity, agrees to use their best efforts in managing development approvals and building permit approvals in a manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water treatment plant capacity that is available to the SUBJECT PROPERTY. E. Oversizin—In the event the DEVELOPER oversizes the onsite sanitary sewer to serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be eligible for recapture. The total cost(including design) of the sanitary sewer improvement which benefits offsite properties will be recovered from benefiting properties (per Exhibit Fld) through recapture based on a pro-rate share using an acreage basis which will be paid at the time of final plat approval. This recapture agreement would be entered into at the time of final plat approval. F. YBSD Easements–The DEVELOPER will grant easements to YBSD to allow for the construction of the Aux Sable/Caton Farm interceptor sewer along the Aux Sable Creek. The total width of the permanent easement will be determined at the time of final platting with input 11 from YBSD. The DEVELOPER also agrees to provide a temporary construction easement adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width. 7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution for southern Yorkville, as prepared by EEI, consists of the following improvements: extension of a 16" water main from its existing location along Route 47, near Windett Ridge south, to Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm Road and a 16"water main along Immanuel Road. In order to move forward with the realization of this plan, the CITY and DEVELOPER agree to the improvements identified below. Improvements identified in Sections 7A, D, & E shall be funded as specified below and in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding in excess of$4,841,359 (the total City Water Connection Fee required for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 829 MF/TH units)) to cover water improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future development. Through the annexation agreement process, the CITY agrees to require future developments located within the benefiting service area(as identified on Exhibit F2 to prepay all required City Water Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city water connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. . In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated in this Agreement, the CITY shall be entitled to retain any future pre-paid Water Connection Fees from the service 12 area (Exhibit F2) in order to recover their re-allocation of Water Connection Fees towards these improvements. In the event that another developer elects to move forward with all or a portion of the water system improvements described herein in advance of the DEVELOPER, the DEVELOPER agrees to prepay all or a portion of its required City Water Connection Fees to the CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever occurs first, in an amount equal to the costs of said improvements but in no event more than the total required City Water Connection Fees for the SUBJECT PROPERTY. The CITY shall authorize their engineering consultant to proceed with the design of the well and water treatment plant within thirty days of a request by the DEVELOPER and upon DEVELOPER's initiation of funding for design engineering. The CITY shall provide the DEVELOPER with a schedule for said design engineering date within thirty days of the first payment from DEVELOPER. A. General Overview - The CITY shall allow DEVELOPER to construct and utilize one 1,000 GPM deep well, a water treatment plant and an off-site water main extension(along Route 47) to service the SUBJECT PROPERTY for all development occurring north of Walker Road. The CITY shall allow the DEVELOPER to construct said improvements subject to normal engineering review and subject to the "Design-Deliver-Build" and "Bidding and Construction" provisions contained in Sections 7H & I of this Agreement. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. B. Route 47 Water Main - A 16" water main will be extended from its current location near Towns of Windett Reserve south to the SUBJECT PROPERTY along Route 47 and then west to the City Public Works site. This improvement will provide water service to the region and benefit adjacent properties (on both sides of Route 47). Therefore, the total cost of this improvement is eligible for recovery based on the service area and will be funded by City Water Connection Fees pre-paid by future development located within the benefiting service area (as identified on Exhibit F2) at the time of approval of the first final subdivision plat on any property covered in said agreement or upon use of said improvements,whichever occurs first. 13 The CITY shall allow the DEVELOPER to place the off-site portions of this water main extension in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY. If, despite using their best efforts,the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY not object to the DEVELOPER utilizing the existing Route 47 right-of-way subject to IDOT's concurrance. The CITY agrees to allow DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize this single source (with an internal pressure reducing valve) to serve 100 dwelling units on the SUBJECT PROPERTY with potable water until the south-side water improvements have been constructed and are operational. The issuance of the 101St building permit will be withheld until the deep well and water treatment plant is placed on- line. The CITY will issue 100 occupancy permits with the single source watermain and internal pressure reducing valve. This improvement shall be constructed within twelve (12) months of the recordation of the first residential final plat of subdivision on the SUBJECT PROPERTY. C. Water Mains — The DEVELOPER understands the CITY's master watermain plan shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the DEVELOPER will receive recapture from adjacent properties. If the CITY allows the DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the DEVELOPER shall receive recapture for any oversizing with each benefiting property owner responsible for their prorata share of total costs. Any recaptures owed the DEVELOPER shall be paid by future development at the time of approval of their first final plat of subdivision. D. Water Storage Facility — The CITY's master water system plan shows a five (5) million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At the DEVELOPER's discretion, this contribution can be a cash contribution of $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index and would be credited towards required City Water Connection Fees), a "draw down" against the SSA when bonds are issued for said improvement, or DEVELOPER acceptance of a construction contract. With these funds, the CITY shall have the option of proceeding with the 14 construction of a five (5) million gallon stand pipe, a water storage facility or the NW Water Main Loop extension, or some other solution that the CITY deems appropriate which, at a minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an oversized water storage tank (in excess of one million gallons) or the NW Water Main Loop extension, the DEVELOPER's contribution is capped at $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index) and would be credited towards required City Water Connection Fees. Upon issuance of the 200th residential building permit, the DEVELOPER shall, at the direction of the CITY, fund the cost of engineering design work for either a water storage facility or the CITY's Northwest Watermain loop. The CITY shall complete said engineering design work and move forward through the bidding process so that the CITY is in a position to award a construction contract for said work within 30 days of the issuance of the 300th residential building permit on the SUBJECT PROPERTY or twelve (12) months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. In the event the CITY elects to move forward with construction of a 1,000,000 gallon water storage tank or the Northwest Watermain loop, the DEVELOPER will either provide a contribution of $2,000,000 (as described above) or contract directly with the CITY's accepted bidder within 30 days of the issuance of the 300th residential permit or within twelve (12) months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. In the event the CITY elects to construct a water storage facility larger than 1,000,000 gallons, the DEVELOPER will provide a contribution of$2,000,000 (as described above) and the CITY will contract with the accepted bidder for the construction of the water storage facility within 30 days of the issuance of the 300th residential permit or with twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. Construction of the selected improvement shall be completed within eighteen (18) months of the time a contract is awarded to the accepted bidder and prior to the issuance of an occupancy permit for any non- residential land use. This improvement shall, at a minimum, provide adequate fire flow for all of the SUBJECT PROPERTY. The 501" building permit for a residential unit, or an occupancy permit for any non-residential land uses shall be withheld until either the water storage facility or the NW Water Main Loop extension are completed or 18 months has passed from the time a 15 contract is awarded to the accepted bidder, whichever occurs sooner. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. E. Capacity - In no event will building or residential occupancy permits be withheld on the SUBJECT PROPERTY based on fire flow capacity issues. F. Shallow Well Sites - On or after the date hereof, the City and its representatives may, from time to time, enter upon the SUBJECT PROPERTY for the purposes of inspecting and drilling the same in order to locate one or more well sites. The Owners and Developers agree to fund the completion of the Shallow Well Siting Program (in an amount not to exceed $330,000) for up to two (2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to cooperate with the City in the conduct of its investigations. The DEVELOPER shall be required to provide funding for said program upon application for the first final subdivision plat on the SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be required to provide a timetable for completion of this program within thirty days of receipt of any payment. DEVELOPER agrees to provide right of entry to the CITY upon the express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY related to this program. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Party arising from the entry onto the SUBJECT PROPERTY by the CITY, its employees, representatives, or agents. The CITY shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question. The CITY shall notify the DEVELOPER of its proposed location of up to two (2) half acre well sites on the SUBJECT PROPERTY ("Well Site(s)") within fifteen (15) months of the date the DEVELOPER provides the aforementioned funding for the completion of the Shallow Well Siting Program. The CITY shall not withhold approval or recordation of said plat based on their inability to locate said well sites. Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER shall donate said Well Site(s) to the CITY; provided, however that the location of the Well Site(s) shall not impede the orderly development of residential neighborhood, reduce the density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or 16 Developer's engineering. In order to minimize the impact to this master planned community, the CITY shall use best efforts to locate well sites on public portions of the SUBJECT PROPERTY or in existing open space corridors. Additionally, the CITY will work to minimize the distance of the shallow well to the deep well. The CITY shall use its best efforts to complete the construction of an individual shallow well site within 24 months of the recordation of a final plat of subdivision for that portion of the SUBJECT PROPERTY in which a well site is located, unless otherwise agreed by both Parties. G. Fire Hydrants - Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the DEVELOPER. H. Design-Deliver-Build Requirements — DEVELOPER agrees to fund/finance all testing, design, construction and construction management for one (1) deep sandstone water well with a nominal capacity of 1,000 gpm (W), a 2,000 gpm water treatment plant with the appropriate room for a high service pumping station, as well as the appropriate expansion considerations built in (WTP), and a 16" water main (WM) extension from the Windett Ridge Subdivision to the Well, Water Treatment Plant and future Water Storage Tank site (collectively referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each of these improvements. The DEVELOPER agrees to provide the appropriate construction documents for all other water system improvements required to serve the SUBJECT PROPERTY. This may include,but is not limited to, finished water main to connect to the large diameter water main at the W/WTP/WM and then the distribution throughout the SUBJECT PROPERTY, a temporary Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being constructed and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the SUBJECT PROPERTY. The CITY shall have the final decision on any additions or subtractions to the W/WTP/WM construction contracts provided said contracts are consistent with improvements defined within this Agreement. DEVELOPER shall provide all coordination and upfront funding for the construction of all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas (if required), and 17 phone to the W/WTP/WM. Said costs are to be covered as provided in the first paragraph of Section 7. DEVELOPER shall maintain ownership of all of the W/WTP/WM facilities until the CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents and/or assigns access to all facilities. A surety will be provided by the DEVELOPER for the W/WTP/WM improvements unless improvements are paid for utilizing an SSA in which case no surety will be required. Said surety, if required, may be in the form of a Letter of Credit (specific to the W/WTP/WM improvements) or Performance and/or Payment Bond, at the discretion of the DEVELOPER. I. Bidding and Construction Process — CITY and DEVELOPER will collaborate to develop a list of pre-approved contractors for each W/WTP/WM construction contracts. The CITY will transfer the W/WTP/WM construction documents to the DEVELOPER upon completion and issuance of all required permits. DEVELOPER will conduct bidding for each contract. All bids will be submitted to the CITY and CITY's engineering consultant for review along with the DEVELOPER's recommendation for bid award. The CITY and CITY's engineer consultant will provide comment on the bidding and advise regarding whether they agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will enter into the construction agreement with the contractor(s). The DEVELOPER will provide an executed copy of all contract documents to the CITY and CITY's engineering consultant upon execution. The CITY's engineering consultant will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre-construction conference, and change order review and preparation), surveying and drafting (i.e. construction staking, drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports and periodic construction progress meetings) for the W/WTP/WM construction contracts. All contracts for the W/WTP/WM will include specific performance provisions for all parties involved in processing and paying contractor invoices. Said provisions will require that the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's 18 engineering consultant no more than once per month. The CITY's engineering consultant will review the pay request and facilitate the issuance of a letter recommending payment to the DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be provided to the contractor and to the CITY, and any other parties as specified by the contracts. Any changes required to contract documents that require the issuance of a change order will require written approval from the DEVELOPER, construction contractor, CITY and CITY's engineering consultant. Signature lines will be provided for all parties on change orders. The approval process and required signatures shall be coordinated in the following order: 1) contractor, 2) CITY's engineering consultant, 3) DEVELOPER and 4) CITY. 8. ROADWAY IMPROVEMENTS. The approximate locations of the infrastructure improvements for roadways are illustrated in Exhibit F3. At the time of preliminary platting, the DEVELOPER agrees to submit an updated traffic study to provide data regarding internal trip generation volumes in order to verify design improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY. Unless warranted by the updated traffic study, the DEVELOPER shall not be required to provide any improvements in excess of those specified by EXHIBIT F3 and described below: A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right-of-way in accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in accordance with collector roadway standards as identified in Exhibit F3.. This improvement will be constructed in two phases. The first phase,which includes construction of Wheeler Road from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever occurs first. The second phase, which includes the bridge crossing over the N/S Creek Corridor to the SUBJECT PROPERTY's western boundary at Immanuel Road, shall be constructed within twelve months of the final platting of Neighborhood 1 or the commencement of construction of the planned Fire Station,whichever occurs first. Subject to necessary warrants being met, DEVELOPER agrees to install a traffic signal at the Wheeler Road/IL Route 47 intersection prior to occupancy of either the school or commercial 19 property located at this intersection. Fifty percent of the costs of this improvement will be recaptureable against offsite properties located at this intersection. B. Walker Road- DEVELOPER agrees to dedicate 60' of'h right-of-way in accordance with Kendall County Highway Department's standards. All improvements to Walker Road as specified in Exhibit F5 are estimated at a total cost of$932,181. These improvements will be credited against the CITY's total County Road Impact Fee of$2,320,302 ($1,626 x 1,437 units) as shown in Exhibit H In no instance shall the combined contributions for Walker Road improvements constructed by the DEVELOPER and the remaining County Road Impact Fees paid by the SUBJECT PROPERTY exceed $2,320,302. Road improvements for this roadway will be completed within twelve (12) months of the commencement of improvements for the Walker Road commercial parcel or within twelve (12) months of the approval of a final plat of subdivision for any residential unit that contains a connection to Walker Road. C. Caton Farm Road — The SUBJECT PROPERTY is located entirely north of the existing Caton Farm Road (the existing roadway is NOT located on land controlled by the DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located within fifty (50) feet of the existing centerline of this roadway. However, since the existing roadway is located entirely offsite, the DEVELOPER will not have any required responsibility for the construction of future improvements to this roadway. At the time of final plat review for the commercial site adjacent to Caton Farm Road or Neighborhood 11, the DEVELOPER agrees to submit a traffic study for Caton Farm Road to the CITY for review and approval in order to determine the improvements that will be required for this roadway. The DEVELOPER agrees to pay their pro-rate share (50% based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Said payment shall be due to the CITY within 90 days of the issuance of the certified costs for said improvement that were completed by the CITY or an adjacent developer/property owner. The DEVELOPER shall not be allowed to gain any access to Caton Farm Road from the planned commercial site or be allowed to obtain residential building permits for NH 11 until this improvement has been completed. 20 In the event that the DEVELOPER elects to move forward with this roadway improvement on its own initiative, the DEVELOPER would have the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. DEVELOPER will also be required to pay their pro-rata share (1/4) of the traffic signal to be located at the intersection of IL Route 47 and Caton Farm Road (to be constructed by others). Payment will be based upon certified costs at the time of construction or based on an engineer's estimate of costs plus inflation (not to exceed 6% annum) if improvements have not been constructed within 3 years of approval of the final plat for the adjacent commercial parcel or Neighborhood 11,whichever occurs first. D. Immanuel Road - DEVELOPER agrees to dedicate a 40' '/2 right-of-way. At the time of final plat review for NH 1 the DEVELOPER agrees to submit a traffic study for Immanuel Road to the CITY for review and approval to determine the improvements that will be required for this roadway. This improvement shall be across the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting properties based on linear frontage. The DEVELOPER will be responsible for their pro-rata share (based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Any recapture due from other properties shall be paid at the time of final plat approval for said property. This improvement shall be completed within twelve (12) months of the final plat approval for NH 1 or commencement of construction of the fire station,whichever occurs first. E. IL Route 47 - DEVELOPER agrees to dedicate right-of-way in accordance with arterial roadway standards (60'one-half ROW where available (e.g. this standard cannot be provided where the ROW is adjacent to existing ComEd easement)), unless otherwise required by IDOT. In the event that IDOT requires a '/Z ROW dedication in excess of 60', the CITY agrees to reduce its IL Route 47 landscape buffer area by the amount of the excess dedication (i.e. the buffer area would be reduced by 1' for each 1' of excess ROW required over 60'). DEVELOPER agrees, at their own expense, to construct turn lane improvements required to serve the SUBJECT PROPERTY in three phases. The first phase, which shall include the intersection of Wheeler Road and IL Route 47, shall be completed within 18 months of the first final plat of subdivision for the SUBJECT PROPERTY. The second phase, which shall include the intersection of Walker Road and IL Route 47, shall be completed within 18 months of the 21 final platting of NHs 6, 7 or within 18 months of commencement of construction of improvements for the adjacent commercial site, whichever occurs first. The third phase, which shall include the remaining three intersections located south of Walker Road up to and including Caton Farm Road will be completed within 18 months of the final platting of NHs 8, 9, 11 or within 18 months of commencement of construction of improvements for the Caton Farm/Route 47 commercial site or the Walker Road/Route 47 commercial site, whichever occurs first. The scope of work and timeframes for improvements identified above shall be subject to any required IDOT permits/approval. These improvements may be eligible for recapture from benefiting properties based on linear frontage dependant upon the level of improvements that are required by IDOT. Any recapture due from other benefiting properties shall be paid at the time of final plat approval for said property F. Dedication of Right-of-Way-Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER and/or OWNER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to DEVELOPER by the CITY. G. Road Contribution Fund — In exchange for the DEVELOPER's agreement to undertake roadway improvements in excess of those that would otherwise be required for this development (as provided in Exhibit F4), the CITY agrees to provide the DEVELOPER with a full waiver of the Road Contribution Fund for the SUBJECT PROPERTY in an amount equal to $2,854,000. 9. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development prior to construction of said improvements or as otherwise required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled 22 Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (I 10%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006-19, the OWNERS and DEVELOPER shall be required to post irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and if public improvements are in compliance with City Ordinance requirements upon review of City staff, shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans and all punch list items. Public improvements may be accepted when 70% of the units within the phase of development have been constructed provided the improvements are in conformance with the ordinances of the CITY. 23 The CITY agrees to take on the responsibility of snowplowing for an individual street upon the issuance of the first occupancy permit. The CITY will plow the subject street and a route to provide ingress/egress out of the subdivision to a main external roadway. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 10. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood(i.e. park areas, offsite utilities,homeowners association open space areas) in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 11. AMENDMENTS TO ORDINANCES. All 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 the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. 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 OWNERS and DEVELOPER during said five (5) period. The CITY shall give the OWNERS and 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 date of 24 this Agreement, 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 modifications and/or 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 DEVELOPER, provided, however, that any so called "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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and 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. 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 this Agreement are as set forth in Exhibit G. These regulations 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 the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the 25 development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. 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 the said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY 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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and 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. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations and all non- local amendments to the International Building Code that are adopted by the CITY after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the sixth (6111) month following the effective date of such amendments, deletion, or addition, whether during the five (5) year term referenced above , or any time thereafter. 13. FEES AND CHARGES. During the first five (5) years following the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a six (6)month grace period from the date they are notified of any 26 changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 14. WATER TREATMENT AND PUBLIC WORKS CONTRIBUTION. The DEVELOPER has agreed to donate 2.5 acres (with approximate dimensions of 400'x 275') in the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two % acre shallow well sites that are contemplated in Section 7 of this Agreement). The Developer and City will negotiate in good faith the location of this site during the Preliminary Plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. The CITY will accept this dedication within 60 days of receipt of this documentation. In exchange for this dedication, the CITY agrees that the SUBJECT PROPERTY will not be required to contribute funds as part of any future utility recapture towards the purchase of land by the CITY as the CITY has established a policy that requires the donation of said property by developers to the CITY for public benefit. 15. SCHOOL DONATIONS. Pursuant to the CITY'S School Land/Cash Ordinance applicable to the SUBJECT PROPERTY the DEVELOPER shall be obligated to dedicate 41 acres of land to the CITY on behalf of the Yorkville Community Unit District #115 ("School District")to be used as a future high school site. In full satisfaction of the DEVELOPER'S obligation under the CITY'S current School Land/Cash Ordinance, DEVELOPER shall dedicate said 41 acres of land, depicted as the School Site on the attached School Site Exhibit, Marked Exhibit"I1" upon approval of the first final plat on the SUBJECT PROPERTY and after the site has been graded by DEVELOPER. Prior to conveyance, the DEVELOPER shall provide the School District title insurance demonstrating clear title to the 41 acre School Site. In addition to the 41 acre parcel to be dedicated at no charge to the CITY or School District, the DEVELOPER shall also designate an additional 25.8 acre parcel of land to allow for the School District's future expansion of the 41 acre school site ("Expansion Parcel"). The Expansion Parcel shall be located adjacent to and north of the 41 acre school site, as depicted in Exhibit I1. The Expansion Parcel shall be held by the DEVELOPER for a term not to exceed six years from the date of this Agreement to allow the School District a reasonable opportunity to acquire said Expansion Parcel. 27 In the event the School District elects to purchase this Expansion Parcel within the established six year term as set forth in the preceding paragraph, the DEVELOPER agrees to sell the Expansion Parcel to the district at a cost of $57,500.00 per acre, for a total cost of $1,483,500.00. It is expressly understood between the Parties hereto that the Expansion Parcel is to be sold and conveyed in its entirety, and that no rights are created herein granting the School District the ability to purchase only a portion of the Expansion Parcel. Prior to the conveyance of the Expansion Parcel the DEVELOPER shall provide the School District title insurance demonstrating clear title to the Expansion Parcel. The Expansion Parcel must be utilized by the School District for School purposes. If the School District determines that it does not need the Expansion Parcel for School purposes, the DEVELOPER has the right, but not the obligation, to repurchase the Expansion Parcel at $57,5000 per acre. In the event that the School District does not elect to purchase the Expansion Parcel within the six year term provided for herein, the DEVELOPER shall be allowed to proceed with development of that parcel in accordance with the land uses identified on the School Site Alternative plan attached as Exhibit I1. This dedication and reservation of an Expansion Parcel has been supported by the Yorkville Community Unit District #115 as documented in a Letter of Understanding which is attached as Exhibit 12. 16. PARK DONATIONS. The total land area required for contribution is 40.07 acres. All Parties understand and agree that the DEVELOPER is satisfying CITY ordinance requirements for Park Land/Cash Contribution Fees through the donation of 28.8 acres of park land as depicted in Exhibit C1. To satisfy the remaining requirement of donating 11.27 acres, DEVELOPER shall pay cash-in-lieu of this required donation in the amount of $1,138,270 (11.27 acres x $101,000 per acre) (hereinafter referred to as "Cash-In-Lieu"). The Cash-In-Lieu contribution, or an equivalent combination of cash-in-lieu and grant funding, will be used by the CITY towards the construction of recreational amenities within or adjacent to the SUBJECT PROPERTY The CITY may designate a maximum of 25% of cash in lieu contributions (unless otherwise agreed to by both Parties), towards recreational amenities that benefit the residents of the SUBJECT PROPERTY but are not located within or adjacent to the SUBJECT PROPERTY. 28 The dedication and acceptance of parks by the CITY shall be made no later than sixty (60) days after the property has been machine graded by DEVELOPER per approved engineering plans and field verified with an as-built plan to 2/10ths of a foot with positive drainage, unless otherwise agreed to by both Parties. Construction of adjacent infrastructure shall not be a condition of acceptance by the CITY as long as the DEVELOPER has posted a letter of credit or bond for the adjacent improvements and the DEVELOPER has provided construction access to the park site. At the time of conveyance, DEVELOPER shall provide the CITY with a copy of the as-built plan (depicting grading) along with a current title commitment issued in the amount of the acreage conveyed times the sum of $101,000 per acre. The title commitment shall reflect the recordation of the final plat of subdivision for that unit. DEVELOPER shall reserve any rights or easements required by any governmental authority or reasonably necessary for the development of the SUBJECT PROPERTY. Such reservations of easement shall not interfere with the CITY's plans for the use of the park. The CITY agrees to accept responsibility for all fine grading and seeding of all parks once the site is accepted by the CITY. The CITY agrees to fine grade and seed each park during the next available growing season as long as the DEVELOPER has provided the CITY with a means of construction access to the Park (which at a minimum shall consist of an aggregate road for use by construction vehicles to be designed as agreed upon by both parties), unless otherwise agreed to by both Parties. In exchange for the CITY's willingness to take on this responsibility, DEVELOPER, at the direction of the CITY, will either pay the CITY the flat rate of$2,900 per acre at the time the site is deeded to cover the costs of fine grading and seeding or will pay the bid price for said improvements as provided by a mutually accepted contractor as agreed by both Parties. Said payment shall be due 45 days following the CITY's acceptance of the bid or at the time the park site is deeded to the CITY, whichever occurs later. DEVELOPER will have no further responsibility for these improvements. However, if DEVELOPER disturbs any graded or seeded Park during the construction of general subdivision improvements, DEVELOPER will have full responsibility for restoration in accordance with the CITY's specifications. For all parks, the CITY agrees to provide a conceptual development plan to the DEVELOPER within sixty (60) days of receipt of final engineering drawings for an individual park from DEVELOPER. Concept plans will be created using the criteria established in Exhibit 29 J1. These exhibits are intended to reflect the Park Department's ultimate development plans for the park sites and are subject to the approval of the Park Board. It is recognized by both Parties that park sites on the SUBJECT PROPERTY will be developed in phases. Initial park improvements, as identified in Exhibit J1, are to be funded with the DEVELOPER's cash-in-lieu payments with a minimum designation of$200,000 of the required cash donation per park site. Initial park improvements will include, at a minimum, playground equipment, internal park paths and a shelter at each park site. Subsequent phases, also identified in Exhibit J1, are to be funded with remaining Cash-in-Lieu contributions, grant funding, or other revenue sources. The CITY shall not spend developer's contributions for initial phases in excess of$450,000 for Park Site #1, $350,000 for Park Site #2 and $300,000 for Park Site #3. Modifications to the DEVELOPER's contribution as identified above shall require the written approval of both Parties to this Agreement. Said approval shall not be unreasonably withheld by either Party and shall be based upon the overall improvement plans that remain for all parks on the SUBJECT PROPERTY and the remaining funds available to complete said improvements. At the time of construction of an individual park by the CITY, the DEVELOPER and the CITY will agree to a payment schedule whereby the DEVELOPER will pay to the CITY a portion of the required cash-in-lieu contribution for park improvements as determined by the accepted contractor's bid received by the CITY and in accordance with their construction contract. DEVELOPER's payments will be phased in accordance with the anticipated construction schedule with 50% of the required DEVELOPER's contribution due prior to commencement of construction, a second payment of 40% of DEVELOPER's contribution is due upon completion of 40% of park construction, and final payment of 10%of DEVELOPER's contribution is due upon completion of the contracted improvements, unless otherwise agreed to by both Parties. The CITY shall make all reasonable efforts to commence construction within 15 days of receipt of the DEVELOPER's initial payment. The CITY agrees to complete Phase 1 improvements to each park site within 18 months of final engineering plan submittal for that park site or 12 months after mass grading, whichever occurs sooner, unless otherwise agreed to by both Parties. At the request of the CITY, the DEVELOPER will agree to provide assistance with the construction bidding process for each park site. 30 The CITY shall agree to accept trail corridors provided trails comply with the CITY's trail specifications and the trails are located outside of the floodplain. In the event trail corridors comply with these provisions, the DEVELOPER shall receive credit towards its required cash- in-lieu contribution for said land dedications and improvements, subject to Park Board approval. The CITY shall make all reasonable efforts to obtain matching grant funding to cover/offset the costs of trail construction. The Parties agree that in addition to accepting the individual parks and trail corridors as described above, the CITY may accept additional land located with in the Aux Sable Creek Corridor or land depicted as open space on the Concept PUD Plan. This land dedication will not result in any credit towards the outstanding park land dedication requirements. This land may be used by the CITY to secure recreational/open space grant funds. DEVELOPER agrees to work with the CITY to provide documentation necessary to demonstrate the usefulness of said lands for grant purposes. By mutual consent, both Parties will agree to explore opportunities for public/private partnerships related to use of the clubhouse and/or aquatic center. It is agreed that completion and fulfillment of all the conditions described in this Agreement shall satisfy the requirements of the CITY's park donation ordinance as it relates to the subdivision. Nothing in this Agreement shall preclude the CITY from sub-contracting or performing some of the work themselves, or providing additional improvements at a later date. Each Park, Trail and/or open space corridor once developed and dedicated to the CITY, shall be maintained by the CITY in accordance with its regular maintenance program for other park sites. This donation has been supported by the United City of Yorkville Park Board as documented in a Letter of Understanding which is attached as Exhibit J2. 17. FIRE STATION. The DEVELOPER has agreed to donate 3.5 acres in the SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire tower training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. Additionally, the DEVELOPER will work with the Fire District to provide off-site stormwater management for the fire station. 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY 31 (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Yorkville South. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3)cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each Neighborhood Unit (a neighborhood unit is defined as Neighborhoods 1-11 in their entirety as illustrated on the concept plan, Exhibit C1), shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and proof to the CITY that either the OWNERS and DEVELOPER have demonstrated to the Fire Protection District that fire hydrants within 300 feet of the dwelling unit are operational or the OWNERS and DEVELOPER have established a hold harmless agreement with the City and Fire Protection District in the absence of operational fire hydrants.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Notwithstanding any CITY ordinances to the contrary, for as long as a model area is used for selling dwelling units, the DEVELOPER shall have the right to erect fencing on a 32 temporary basis that entirely encloses the model area and directs model area traffic. It is understood that fences provided for herein shall be subject to the approval of the CITY's Zoning Administrator and that no fences shall be placed upon the public right-of-way. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall also have the right to operate a sales office out of the Clubhouse within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Neighborhood Unit as the Final Plat and Final Engineering plans are approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 19. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good 33 working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 20. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. Mass grading_permits shall be issued in accordance with the City's Erosion and Sediment Control Ordinance(Ord. 2003-19). 21. BUILDING AND OCCUPANCY PERMITS. City agrees to issue building permits within fourteen (14) days and occupancy permits within seven (7) days for homes within the subdivision upon proper application to the CITY. When "Master Approvals" (as referenced in Section 22 of this Agreement) are in place, the City agrees to issue building permits within seven(7) days. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed due to weather conditions, CITY agrees to issue temporary occupancy permits in compliance with established procedures in order to allow the DEVELOPER the ability to complete any such improvements. No occupancy permits may be issued until the asphalt base is installed on the street serving the homes requiring said permits. Except as provided in Section 18 of this Agreement, building and occupancy permits shall not be issued by the CITY prior to proof being submitted to the CITY that the OWNERS and DEVELOPER have demonstrated to the Fire Protection District fire hydrants within 300 feet of the structure are operational. 22. MASTER APPROVAL OF BUILDING PLANS. At such time as the CITY has approved building plans for any model of a dwelling unit(including extras or options),the same shall constitute a"master approval"of the plans for such model. Thereafter, subsequent building permit applications for any model which conforms to the plans for which a master approval has been made shall include documentation customarily required for building permit applications but shall not be required to include additional copies of building plans. Each builder 34 shall provide the CITY with sufficient copies of plans for which master approval has been given, for use in the field as dwelling units are constructed. Nothing contained herein shall relieve builder from the obligations to pay permit fees for each dwelling unit for which a building permit is sought. 23. RECAPTUREABLE IMPROVEMENTS. In the event public improvements are installed that provide service to property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 28 hereof, with OWNERS and DEVELOPER recovering the payment of the recaptureable cost of said improvements by the owners of properties benefited by the same. The improvements which qualify and the identity of the benefited properties which are not already identified in this Agreement shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include all of, a part of, or more than one Neighborhood Unit. 24. DEVELOPMENT MARKETING SIGNAGE. DEVELOPER may install and maintain 1)one(1) illuminated double-faced ten(10')foot by twenty(20') foot temporary marketing sign not greater than fifteen(15') in height at each neighborhood entrance and on planned commercial nodes; 2) one temporary marketing sign, double faced ten(10') foot by twelve(12'), at each model row entrance road or the parking entrance to the temporary sales trailer; 3)one (1)onsite model home sign not greater than 20 square feet per sign in area at each model home in subdivision, 4) informational and directional signage throughout the subdivision of a reasonable size and configuration, conforming to the CITY'S Sign Code, 5) six (6) onsite marketing flags at each model home entrance row with a maximum height of 25' per pole, and 6) eleven permanent entry monument signs as illustrated in EXHIBIT K and permitted in conformance with the CITY's Sign Ordinance or as otherwise approved by the Building and Zoning Officer upon request of DEVELOPER. The locations of the above described signage shall be in compliance with the City's sign code which requires: all signs abut a street, be located at least 5 feet from a property line,maintain a 25 sight clearance triangle where streets intersect and not be located within any easements. All such signs for each neighborhood shall be maintainable for a period of ten(10) years or shall be removed by the DEVELOPER at the conclusion of DEVELOPER'S sales and marketing program for the Property, whichever occurs first. All other signage installed and maintained on the Property shall comply with the CITY'S 35 Sign Code. 25. OFFSITE PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate(individually an "Offsite Sign"and collectively the"Offsite Signs") subject to sign permit review and issuance by the CITY. Said signage shall not exceed 8'x16' in size and shall: abut a street, be located at least 5' from a property line, maintain a 25' sight clearance triangle where streets intersect and shall not be located within an easement. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 26. ENTRY FEATURES,LANDSCAPE BUFFERS AND IRRIGATION WELL. City agrees to allow DEVELOPER to construct entry features at the entrances to the SUBJECT PROPERTY and landscape buffers as shown in landscape plans to be prepared at the time of final platting. Said entry features shall be subject to the review and approval of City staff. Permanent entry features containing signs identifying the name of the subdivision or individual neighborhood names shall be permitted, subject to CITY Ordinances and as agreed upon by City staff. DEVELOPER will be required to obtain building permits for all monument signs. The DEVELOPER has the right to drill wells for the purpose of irrigating landscape features within the SUBJECT PROPERTY with proper permitting by the Kendall County Health Department. Said well shall not be within 1000 feet of an existing private or public well. In the event that operation of this irrigation well negatively impacts water levels in existing wells in the area,the DEVELOPER agrees to cease operation of the irrigation well until an impact analysis has been completed and mitigation techniques have been established and approved by the City Engineer. 27. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2005) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public 36 purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 28. RECAPTURE AGREEMENTS. A. Benefiting_the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. The CITY agrees to allow DEVELOPER to collect interest on any recapture fees to the DEVELOPER at six percent (6% annum) to the certified costs from the date the infrastructure improvements are accepted. With this exception, each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit L. CITY and DEVELOPER agree to amend said recapture with actual certified costs as the improvements are completed and approved by the CITY. Any recapture ordinance shall be valid for the term of the AGREEMENT. B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities,nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 29. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to 37 fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the single-family, townhome, apartment neighborhoods and commercial areas are attached hereto and described in Exhibit M and comply with the City's current appearance code. Further, OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 30 of this Agreement. 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Establishment. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and fund the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including landscaping and special features located within public right-of-way and stormwater detention areas and without limitation,the mowing and fertilizing of grass,pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for the commercial parcels. 38 C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 31. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and 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 OWNERS and 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 Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and 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 any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as set forth in Exhibit F, the CITY agrees to be the lead agency in the relocation of those utilities. The DEVELOPER may bury any existing overhead utility lines along any existing perimeter roadway and be solely responsible for all associated costs. Upon OWNER and DEVELOPER's request, the CITY shall make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The DEVELOPER shall pay the cost of relocating any existing utility, unless otherwise agreed upon. 39 32. RIGHT TO FARM. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit N on each Final Plat of Subdivision. 33. INTERIM USES. Interim uses as set forth below shall be permitted anywhere on the SUBJECT PROPERTY, with the exception of property to be owned by the CITY, during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits (per field design) 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials(per approved grading plan). Gravel mining is prohibited;however said materials may be used within the development. 5. Temporary detention(per approved grading plan). 6. Construction storage and office trailers. 7. Mass grading(per approved grading plan). 8.Nursery. 34. COMMERCIAL TAX INCENTIVE. DEVELOPER is proposing 78.5 acres of commercial development on the SUBJECT PROPERTY including a major regional commercial center at the intersection of Route 47 and Caton Farm Road. In recognition of the benefit to the CITY through the creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place into a separate account for the benefit of the DEVELOPER up to fifty percent (50%) of the CITY'S one percent (1%) portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the SUBJECT PROPERTY and will continue for a period of twenty (20) years or until DEVELOPER has been rebated one hundred (100%) of the public infrastructure improvements as detailed in Exhibit O which were attributable to the development of the commercial properties including but not limited to design, engineering, as well as six percent(6%) interest annually. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the DEVELOPER as to its portion of the sales tax 40 rebate. Upon written assignments by the DEVELOPER such assignees shall have all rights currently vested in DEVELOPER under the sales tax rebate and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of the commercial lots on the SUBJECT PROPERTY are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expenses unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER's sole discretion. Furthermore, at the CITY's sole discretion, the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent(100%) of such funds shall be paid by the CITY to the DEVELOPER to help offset the DEVELOPER's extraordinary expenses incurred. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER as specified in the preceding paragraph, and the CITY does so secure said rebate in an amount not less than one percent (1%) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent (100%) of all expenditures incurred, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent(50%) of the CITY's portion of the State Retailers Occupation Tax to twenty-five percent(25%)of the CITY's portion of the State Retailers Occupation Tax. 35. BUSINESS DISTRICT. It is contemplated between the Parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcels, at a rate of no more than an additional one percent (1%)tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s) by City as reimbursement 41 for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the SUBJECT PROPERTY. 36. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Yorkville South Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 37. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 38. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the Parties. The Parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good 42 faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. 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: (I) If to OWNERS or MPI-6 South Yorkville LLC DEVELOPER: 6880 N. Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 401 S. Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine& West, Ltd. 123 Water Street Naperville, IL 60566-0565 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553-7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville,I160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion 43 of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. 44 L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Material Breach. In the event of a material breach of this Agreement, the Parties agree that the defaulting Parry shall have thirty(30) days after notice of said breach to correct the same prior to the nonbreaching Party's seeking of any remedy provided herein; provided, however (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health of safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching Party commences the cure of such breach within the original thirty (30)day period and diligently pursues such cure to completion thereafter. 45 R. Delay. In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case, the time for such performance shall be extended by the amount of time of such delay. S. Rights to Enforce. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other Parry imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's right thereafter to enforce such term, covenant, agreement, or condition,but the same shall continue in full force and effect. T. Transfer of Ownership and Liability of Nancy H. Bierma as OWNER. It is expressly understood and agreed by and among the Parties hereto that under this Agreement Nancy H. Bierma, as OWNER of +/- 22 acres of the SUBJECT PROPERTY located along Caton Farm Road, shall not be required to peform under the terms of this Agreement. All obligations identified in this Agreement for this property shall not be required until after the transfer of Nancy H. Bierma's property to the DEVELOPER. Lastly, all responsibility of Nancy H. Bierma shall be extinguished simultaneously with the transfer to title to the real estate from Nancy H. Bierma to the Purchaser, MPI #6 South Yorkville LLC as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that Nancy H. Bierma shall also have no obligation to perform the obligations of the DEVELOPER, unless said owner agrees in writing to assume said obligation. However, all aspects of the Concept PUD regarding land use/zoning shall be applicable to the Bierma property,and shall run with the land, even if the property is not conveyed to MPI#6. 46 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI-6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager,Inc. By: Its: Manager Title: Mayor Attest: John Zediker,Its President Title: City Clerk Dated: Nancy H.Bierma By: Nancy H.Bierma Dated: DEVELOPERS: MPI-6 SOUTH YORKVILLE LLC an Illinois Limited Liability Company By: MPI Manager,Inc. Its: Manager John Zediker,Its President Dated: 47 LIST OF EXHIBITS Exhibit A: Legal Descriptions,revised 11/28/06 Exhibit B: Plat of Annexation,revised 1/3/07 Exhibit C1: Concept PUD Plan(provided in B/W and Color), revised 2/14/07 Exhibit C2: Site Data Table,revised 2/13/07 Exhibit D: Transitional Area Compliance Exhibit,revised 2/14/07 Exhibit E: Permitted Modifications from Local Codes, revised 2/13/07 Exhibit F 1 a: Sanitary Sewer Infrastructure Improvements, dated 11/29/06 and revised 2/14/07 Exhibit FIb: Aux Sable Creek Service Area Sanitary Sewer Planning(report by Deuchler) Exhibit F 1 c: Benefiting Properties for Sanitary Improvements (Ultimate Service Area), dated 11/27/06 and revised February 13, 2007 Exhibit F1d: Sanitary Sewer Tributary Area for Recapture of Oversizing, dated 11/27/06 and revised 2/14/07 Exhibit F2: Benefiting Properties for Water Improvements (Ultimate Service Area), dated 11/27/06 and revised February 14, 2007 Exhibit 173: Offsite and Onsite Roadway Infrastructure Improvements, revised 02/14/07 Exhibit F4: Road Contribution Fund Overview Exhibit 175: Walker Road Improvement Cost Detail, dated 02/14/07 Exhibit G: Current City Building Codes, revised 6/15/06 Exhibit H: Fee Schedule,revised 02/14/07 Exhibit I1: School Donation Letter of Understanding, dated 12/27/06 Exhibit I2: School Site Alternative, dated 2/14/07 Exhibit Jl: Conceptual Park Planning Outline Exhibit J2: Park Board Letter of Understanding dated 2/12/06 Exhibit K: Project Signage, dated 12/18/06 Exhibit L: Sample Recapture Agreement Exhibit M: Design Standards, revised 02/13/07 Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites 48 o United City of Yorkville Memo 800 Game Farm Road ESL -1 ` 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 �n�i cam!v Z LE Date: ��•�` Date: February 22, 2007 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: John Crois, City Administrator Subject: Ordinance to Reaffirming Zoning and Rezoning North Star/Fox Moraine Property Attached is an ordinance for the above purposes. Also attached is a red line version which identifies changes from the version that was in City Council Packets for the February 13,2007 City Council Meeting. Please review and call with any questions or comments about the ordinance. Reference to the Plan Commission has been deleted. The Plan Commission's vote is a recommendation and advisory. No reference to the plan commission needs to be made. This Ordinance can be approved by a simple majority of the City Council. Alderman Spears indicated disagreement with the structure of the Ordinance as "Reaffirming" the September 26, 2006 vote that rezoned the property(Ord. 2006-115). This structure is consistent with and descriptive of the events beginning with the rezoning on September 26, 2006 (Ord 06-115), the necessary corrective action brought about by the Charles B. Phillips Library notice issues, and concluding with this vote. Since the library boundary passed through a portion of the property rezoned by Ord. 06-115, the most complete and accurate expression of this action is that it"reaffirms"the 9/26 action in regard to the areas unaffected by the library issues (those areas not in Section 22 and 23) and rezones those areas that were affected by the library issues (those areas in Section 22 and 23). It is also consistent with the annexation ordinance passed by the City Council on February 13, 2007. IVE STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE REAFIRMING A REZONING OF CERTAIN PROPERTY AND REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (North Star Trust/Fox Moraine Property on Route 71) WHEREAS, Fox Moraine, LLC (hereinafter referred to "Fox Moraine") and North Star Trust Company Trust No. #06-9993 under a trust agreement dated August 8, 2006 (hereinafter referred to as "North Star Trust") are the legal owners of record of property legally described on Exhibit"A"and Exhibit`B", respectively, attached hereto and incorporated herein (the"Property"), and WHEREAS, Fox Moraine and North Star Trust have made application by petition for the rezoning of the Property, and WHEREAS, North Star Trust has previously entered into a binding agreement for annexation of the Property dated September 26,2006 which agreement requires that the Property be zoned as A-1 Agricultural Zoning District , and WHEREAS,Upon receipt of a written petition submitted to the City by North Star Trust,the Property was annexed to the United City of Yorkville pursuant to Ordinance No. 2006-115, on September 26,2006; and WHEREAS, On September 26, 2006 the City Council also approved City Ordinance No. 2006-116 which rezoned the Property under the City's A-1 Agricultural District zoning classification , and WHEREAS, a portion of the Property located within sections 22 and 23 of Fox Township is within the boundaries of the Charles B. Phillips Public Library District to which notice of annexation was not provided pursuant to 65 ILCS 5/7-1-1. Therefore, 127865/2 neither the annexation nor the rezoning of the portion of the Property located within Sections 22 and 23 of Fox Township was effective; and WHEREAS, on February 13, 2007,pursuant to Ordinance No. 2007-17 the City annexed the portion of the Property located within Sections 22 &23 of Fox Township, and reaffirmed the annexation of the portion of the Property not within Sections 22 &23 of Fox Township after proper service of notice to the Charles B. Phillips Public Library District. WHEREAS, the City does hereby reaffirm the rezoning granted by Ordinance 2006-116, for the portion of the Property not located in Sections 22 and 23 of Fox Township, and,rezones those areas within Sections 22 and 23 of Fox Township which are a part of the Charles B. Phillips Public Library District and 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 hereby reaffirms the prior grant of A-1 Agricultural District zoning of September 26, 2007 as to the portion of the Property not located within Sections 22 and 23 of Fox Township, and rezones the portion of the Property located within Sections 22 and 23 of Fox Township which are a part of the Charles B. Phillips Public Library District as A-1 Agricultural District. 2: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 127865/2 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 127865/2 EXIT "A" LEGAL DESCRIPTION FOR FOX MORRAINE LLC. THAT PART OF SECTIONS 14, 22, 23 AND 26, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS,BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 01 DEGREES 36 MINUTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1124.77 FEET TO A POINT ON THE WESTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY FOR THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 16 M MUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 1876.64 FEET TO A POINT OF BEND IN SAID WESTERLY RIGHT OF WAY LINE, SAID POINT BEING A POINT ON THE EAST'.INE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 23;THENCE SOUTH 01 DEGREE 26 MINUTES 55 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 5153.41 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF WALKER ROAD; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WALKER ROAD, 1320.61 FEET TO A POINT ON SOUTHERLY EXTENSION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 01 DEGREE 25 MINUTES 43 SECONDS WEST ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23,A DISTANCE OF 1981.91 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 26 SECONDS WEST, 2643.57 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 DEGREE 32 MINUTES 06 SECONDS EAST ALONG SAID WEST LINE, 76.14 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 50 SECONDS WEST, 2558.41 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, 6918.12 FEET MORE OR LESS TO THE POINT OF INTERSECTION WITH SAID WESTERLY LINE OF THE COMMONWEALTH EDISION COMPANY RIGHT OF WAY;THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 20.13 FEET TO THE POINT OF BEGINNING CONTAINING 466.69 ACRES MORE OR LESS IN THE TOWNSHIP OF FOX,KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 36 NORTH,RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY,ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45 FEET TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 222.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST, 561.85 FEET; THENCE NORTH 01 DEGREE 27 MINUTES 43 SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE, 1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 53 DEGREES 58 MINUTES 06 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 586.51 FEET TO THE POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF COMMONWEALTH EDISION COMPANY; THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 1752.45 FEET TO THE POINT OF BEGINNING CONTAINING 25.68 ACRES MORE OR LESS IN THE TOWNSHIP OF FOX,KENDALL COUNTY, ILLINOIS. EXIMIT "B" LEGAL DESCRIPTION NORTH STAR TRUST COMPANY THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13 AND THAT PART OF SECTIONS 14,23 AND 26,TOWNSHIP 36 NORTH,RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS,BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45 FEET TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY FOR THE POINT OF BEGINNING;THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE,222.33 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST, 561.85 FEET; THENCE NORTH 01 DEGREE 27 Nf[ UTES 43 SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 N9 UTES 34 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE, 1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54 DEGREES 37 MNMS 26 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 3552.22 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 13;THENCE SOUTH 01 DEGREES 27 MINUTES 43 SECONDS EAST ALONG SAID EAST LINE, 3764.98 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION; THENCE SOUTH 89 DEGREES 55 MINUTES 26 SECONDS WEST ALONG SAID SOUTH LINE, 1119.49 FEET TO THE NORTHEAST CORNER OF SAID SECTION 23; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 23 AND THE EAST LINE EXTENDED SOUTHERLY 5326.58 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WALKER ROAD; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID SOUTH RIGHT OF WAY LINE, 920.53 TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISION COMPANY RIGHT OF WAY; THENCE NORTH 01 DEGREES 26 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 5327.57 FEET TO THE POINT OF BEGINNING CONTAINING 267.43 ACRES MORE OR LESS IN THE TOWNHSIP OF FOX,KENDALL COUNTY,ILLINOIS. STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE REAFH VIING A REZONING OF CERTAIN PROPERTY AND REZONING CERTAIN PROPERTY_____________________________________ Deleted:AND - -- -- - ----------------------------------------- IN FURTHERANCE OF AN ANNEXATION AGREEMENT (North Star Trust/Fox Moraine Property on Route 71) WHEREAS,Fox Moraine,LLC(hereinafter referred to"Fox Moraine")and North Star Trust Company Trust No #06-9993 under a trust agreement dated Augu8. st 2006 Deleted` (hereinafter referred to as"North Star Trust")are the legal owners of record of property legally described on Exhibit"A"and Exhibit`B". res ectivel attached hereto and Deft respectively _��' Pe incorporated herein(the"Property"),and WHEREAS,Fox Moraine and North Star Trust have made application;bypetition Deli's made application for the rezoning of the Property,and WHEREAS, North Star Trust rviosl entered into bindin a _Bement for �l owners and developers rP_------------------------ ---r— ------- Deleted:ve annexation of the Property dated September 26,2006Ew4ich agreement requires that the Deleted:n Property be zoned as A-1 Agricultural Zoning Districtp and Deleted: zoning of Deleted:and -- B the P+oPerty •------------------------------------------------------------------------------------------------------------------------------ Deleted:WHEREAS,the Yorkville WHEREAS,Upon receipt of a written petition submitted to the City by North Star Plan Commission has recommended the rezoning of the property as A-1 Trust;,the Proerty was nnexed to the United City_ of Yorkville pursuant to Ordinance Agricultural District zoning. ------------------------------------------------------------- ------ to annex No.2006-115,on September 26,2006;and Deleted: certain territory described on Exhibits"A"and"B"was received,and WHEREAS,On September 26,2006 the City Council also approved City the territory Ordinance No.2006-116 which rezoned the Property under the City's A-1 Agricultural Deleted:granted rezoning for the described in Exhibits"A"and P District zoning classification and - "B" WHEREAS„g-portion_of the PM.eM located within sections 22 and 23 of Fox Deleted'a portion of the said territory Deleted:lying within Sections 22 and Township is within the boundaries of the Charles B.Phillips Public Library District. So 2_is within the Charles B.Phillips Public Library District, Formatted:Font:8 pt .127865/1 ---< Eftleted: given which notice of annexation was not provided,pursuant to_65_ILCS 517-1-1�Therefore,_ ,--- ,and, neither the annexation nor the rezoning of the-portion of the_Property located within t Sections 22 and 23 of Fox Townshipwaseffective,-_and the ----------------------------------------------- said WHEREAS,on February 13,2007,pursuant to Ordinance No.2007-17_ the City Deleted:Territory annexed the portion of the Property located within Sections 22&23 of Fox Township, Deleted:not and reaffirmed the annexation of the portion of the Property not within Sections 22&23 Deleted:,and in tum the rezoning was not effective of Fox Township after proper service of notice to the Charles B.Phillips Public Library Deleted: District. Inserted:_the City annexed the portion of the Property located within Sections 22&23 of Fox Township,and WHEREAS,the City does hereby reaffirm the rezoning granted by Ordinance reaffirmed the annexation of the portion of the Property not within Sections 22& 2006-116, for the portion of the Property not located in Sections 22 and 23 of Fox 23 of Fox Township after proper service of notice to the Charles B.Phillips Public Township,and rezones those areas within Sections 22 and 23 of Fox Township which Library District Deleted:and to the extent necessary are a part of the,Charles B Phillips Public Library District end Deleted:the Deleted:(i.e.portions of the property in Sections 22 and 23), NOW,THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, Deleted:u ILLINOIS UPON MOTION DULY MADE,SECONDED AND APPROVED BY_THE___ . MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council hereby reaffirms theprior grant of A-I-Agricultural District zoning _.-''I Deleted: roves ooftth n Commission and recommendation of September 26,2007 as to the portion of the Property not located within Sections 22 and 23 of Fox Towns"and rezones theortn ioof the Property ns Deleted:(which rezoned the property to located within Sectio _ ------------p----------------------- _ _ _ _________�_____;- A-IAgricultural District)astoaportion of the property 22 and 23 of Fox Township which are a part of the Charles B.Phillips Public Library Inserted:(which rezoned the property Districtas A-1 Agricultural District to A-1 Agricultural District) ==y----------------------------------------------------------------------------- Deleted:remainder of the property Deleted:said property being described in attached Exhibits"A"and"B"(Legal 2: This Ordinance shall be in full force and effect from and after its passage and Descriptions of the Property). approval as provided by law. Formatted:Font:8 pt 127865/1 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.2007. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D.2007. ATTEST: CITY CLERK Deleted:¶ •------------------------------------------------------------------------------------------------------------------------------ Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Formatted:Font:8 pt .127865/1 ' EXHIBIT "A" LEGAL DESCRIPTION FOR FOX MORRAINE LLC. THAT PART OF SECTIONS 14, 22, 23 AND 26, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 01 DEGREES 36 MD4UTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1124.77 FEET TO A POINT ON THE WESTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY FOR THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 1876.64 FEET TO A POINT OF BEND IN SAID WESTERLY RIGHT OF WAY LINE, SAID POINT BEING A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 23;THENCE SOUTH 01 DEGREE 26 MINUTES 55 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 5153.41 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF WALKER ROAD; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WALKER ROAD, 1320.61 FEET TO A POINT ON SOUTHERLY EXTENSION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 01 DEGREE 25 MINUTES 43 SECONDS WEST ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23,A DISTANCE OF 1981.91 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 26 SECONDS WEST, 2643.57 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 DEGREE 32 MINUTES 06 SECONDS EAST ALONG SAID WEST LINE, 76.14 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 50 SECONDS WEST, 2558.41 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, 6918.12 FEET MORE OR LESS TO THE POINT OF INTERSECTION WITH SAID WESTERLY LINE OF THE COMMONWEALTH EDISION COMPANY RIGHT OF WAY;THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE,20.13 FEET TO THE POINT OF BEGINNWG CONTAJ14ING 466.69 ACRES MORE OR LESS IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 36 NORTH,RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY,ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45 FEET TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 46 DEGREES 16 MINUTES 34 ,_�Mr SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 222.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST, 561.85 FEET; THENCE NORTH 01 DEGREE 27 MIN'=S 43 SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE, 1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 53 DEGREES 58 MINUTES 06 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 586.51 FEET TO THE POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF COMMONWEALTH EDISION COMPANY; THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 1752.45 FEET TO THE POINT OF BEGINNING CONTAINING 25.68 ACRES MORE OR LESS IN THE TOWNSHIP OF FOX,KENDALL COUNTY, ILLINOIS. EXIMIT 993" LEGAL DESCRIPTION NORTH STAR TRUST COMPANY THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13 AND THAT PART OF SECTIONS 14,23 AND 26, TOWNSHIP 36 NORTH,RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45 FEET TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY FOR THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 222.33 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST, 561.85 FEET;THENCE NORTH 01 DEGREE 27 MINUTES 43 SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 MINUTES 34 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE, 1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54 DEGREES 37 MINUTES 26 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 3552.22 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 13;THENCE SOUTH 01 DEGREES 27 MINUTES 43 SECONDS EAST ALONG SAID EAST LINE, 3764.98 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION; THENCE SOUTH 89 DEGREES 55 MINUTES 26 SECONDS WEST ALONG SAID SOUTH LINE, 1119.49 FEET TO THE NORTHEAST CORNER OF SAID SECTION 23; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 23 AND THE EAST LINE EXTENDED SOUTHERLY 5326.58 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WALKER ROAD; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID SOUTH RIGHT OF WAY LINE, 920.53 TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISION COMPANY RIGHT OF WAY; THENCE NORTH 01 DEGREES 26 M MUTES 55 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 5327.57 FEET TO THE POINT OF BEGINNING CONTAINING 267.43 ACRES MORE OR LESS IN THE TOWNHSIP OF FOX,KENDALL COUNTY,ILLINOIS.