Loading...
City Council Packet 2007 02-13-07 C'''o United City of Yorkville o 'n 800 Game Farm Road ESL -� 1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-4350 Fax: 630-553-7575 <1L.E AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, February 13, 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, February 20, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, February 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: None City Council Meeting Agenda February 13, 2007 Page 2 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Public Hearings: 1. PC 2006-93 Rush Copley Medical Center, Inc., petitioner, has filed an application with the United City of Yorkville,Kendall County, Illinois requesting rezoning from United City of Yorkville O-Office District to United City of Yorkville Planned Unit Development Zoning, and Preliminary PUD plan. The real property consists of approximately 44.12 acres, located south of Veteran's Parkway, adjacent to the Fox Hill Subdivision,Yorkville, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. ADM 2007-09 Monthly Treasurer's Report for December 2006 2. ADM 2007-10 Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2007 and Ending April 30, 2008 for Special Service Area 2004-201 (Fox Hill) -authorize Mayor and City Clerk to execute 3. ADM 2007-11 Ordinance Abating $11,300,000 General Obligation Bonds(Alternate Revenue Source), Series 2005D (Rob Roy Creek) - authorize Mayor and City Clerk to execute 4. ADM 2007-12 Ordinance Abating $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (Countryside Center TIF) -authorize Mayor and City Clerk to execute 5. ADM 2007-13 Ordinance Abating $3,500,000 General Obligation Bonds(Alternate Revenue Source), Series 2004B (Countryside Interceptor) - authorize Mayor and City Clerk to execute 6. ADM 2007-14 Ordinance Abating $625,000 General Obligation Bonds(Alternate Revenue Source), Series 2002 (Fox Industrial Park) -authorize Mayor and City Clerk to execute 7. ADM 2007-15 Ordinance Abating $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A(In-Town Road Program) -authorize Mayor and City Clerk to execute 8. ADM 2007-16 Ordinance Abating $2,000,000 General Obligation Bonds(Alternate Revenue Source), Series 2005C (Waterworks & Sewer) -authorize Mayor and City Clerk to execute Plan Commission/ Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—None Minutes of Special City Council—October 30, 2006 Minutes of Committee of the Whole—September 5, 2006 Minutes of Special Committee of the Whole—November 28, 2006 Minutes of Downtown TIF Meeting—July 31, 2006 City Council Meeting Agenda February 13, 2007 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,288,198.63 (vendors) $ 211,818.37 (payroll period ending 1/6/07) $ 1,500,017.00 (total) Reports: Mayor's Report: 1. Appointment to fill Library Board Vacancy 2. Proclamation for National Engineers Week 3. Coffee with the Mayor: February 17th at Lennar Homes, 2082 Ingemunson Lane (Raintree Village) from 9:00 a.m. until 11:00 a.m. 4. Annexation and Zoning of Fox Moraine/North Star Parcel a. Ordinance Annexing b. Ordinance Rezoning City Council Report: 1. Resolution Approving a Letter of Intent to School District for Rehabilitation of Tennis Courts on Game Farm Road 2. Resolution Approving a Letter of Intent to School District for Construction of Tennis Courts on Game Farm Road 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: Communily Relations Manager: Community &Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. City Council Meeting Agenda February 13, 2007 Page 4 Committee Reports (con't): Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2005-24 City Administrator Recruitment Contract 2. CC 2007-02 Police Union Contract 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 i----------------------------------------------------------------- ECONOMIC DEVELOPMEN'il Committee Dgpartments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business& Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development r-----------------___-----___-i ;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 City Council Meeting Agenda February 13, 2007 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) 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 13, 2007 PRESENTATION: 1. None PUBLIC HEARINGS: 1. Rush Copley CITIZEN COMMENTS: CONSENT AGENDA: 1. ADM 2007-09 Monthly Treasurer's Report for December 2006 2. ADM 2007-10 Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2007 and Ending April 30, 2008 for Special Service Area 2004-201 (Fox Hill) 3. ADM 2007-11 Ordinance Abating$11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (Rob Roy Creek) 4. ADM 2007-12 Ordinance Abating$3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (Countryside Center TIF) 5. ADM 2007-13 Ordinance Abating $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B (Countryside Interceptor) 6. ADM 2007-14 Ordinance Abating $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (Fox Industrial Park) 7. ADM 2007-15 Ordinance Abating$3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A(In-Town Road Program) 8. ADM 2007-16 Ordinance Abating$2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C (Waterworks & Sewer) Minutes for Approval (Corrections and Additions) Minutes of City Council: None Minutes of Special City Council: October 30, 2006 Minutes of Committee of the Whole: September 5, 2006 Minutes of Special Committee of the Whole: November 28, 2006 Minutes of Downtown TIF Meeting: July 31, 2006 Bill Payments for approval: $ 1,288,198.63 (vendors) $ 211,818.37(payroll period ending 1/6/07) $ 1,500,017.00 (total) REPORTS: Mayor's Report: 1. Appointment to fill Library Board Vacancy 2. Proclamation for National Engineers Week 3. Coffee with the Mayor: February 17th at Lennar Homes from 9-11 a.m. 4. Annexation and Zoning of Fox Moraine/North Star Parcel a. Ordinance Annexing b. Ordinance Rezoning City Council Report: 1. Resolution Approving a Letter of Intent to School District for Rehabilitation of Tennis Courts on Game Farm Road 2. Resolution Approving a Letter of Intent to School District for Construction of Tennis Courts on Game Farm Road COMMITTEE REPORTS: Public Works Committee: 1. No Report. Economic Development Committee: 1. No Report. Public Safety Committee: 1. No Report. Administration Committee: 1. ADM 2005-24 City Administrator Recruitment Contract 2. CC 2007-02 Police Union Contract Additional Business in 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 , 2006, 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"Patties"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 0 — 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 120101/1 5521413 i as all other required documentation proposing the development of a healthcare campus upon the i 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 i 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 120101/1 55214/3 i 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 Subject 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 Subj ect 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 120101/1 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 Cityfurther agrees to permit buildings located on the Subject Property to be a maximum height of ninety feet(90') and up to seven(7) stories. (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 Section 5. Preliminary and Final P.U.D.Plans The Subject Property shall be developed substantially in conformance with the overall 120101/1 55214/3 4 i i 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 Q and 2. Submit a copy of the proposed Easements, Covenants, and Restrictions (ECR) Agreement for the Subject Property for staff review which shall include provisions addressing cross-access and shared parking between various uses; 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. Building Elevations. 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 for the proposed development all of which are hereby approved by the City. The City 120101/1 55214/9 5 i 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 j Developer to enclose any roof-top mechanicals,as long as,said roof-top mechanicals are screened so that they are blocked from ground view on all sides. Section 8. Architectural Guidelines. Attached hereto and made apart hereof as Exhibit D are Architectural Guidelines for 1 f 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 , 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 of Final Plan for said building. Except as provided for herein, building landscaping shall be in 1 accordance with the City Landscaping Ordinance then in effect at the time of approval of this Agreement. 120101/1 55214/3 6 I I i 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 pen-nit 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. Section 10. Liehting. The VILLAGE hereby approves the Preliminary Lighting Plan and Photometric Plan prepared by Anderson Mikos Architects Ltd. dated October 20, 2006, last revised which is attached hereto and made a part hereof as Exhibit F. The VILLAGE agrees to approve a Final 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 i 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 1zoioui ssxian 7 i light is to be emitted above the horizontal; and i 4. The maximum wattage for Outlot light fixtures shall not exceed 1000 watts; and 5. All under-canopy lights shall be recessed into the canopy; and i i 6. All light poles in the main development shall 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 9. Each proposed building shall require the submission of a photometric plan at time of j Final Plan for said building, subject to City review and approval. Section 11. SjgliS• 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 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. 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 120101/1 55214/3 i amendment to such provisions. i 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. Parking 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 i 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 i. 1 space per every 2 regular employees. ii. 1 space per every physician active on site. (25%of the total number I of physicians are expected to be active on site at any given time). iii. 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. 120101/1 55214/3 9 i 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; 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. hi 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 I the Developer, and further allow Developer to relocate any such utility at Developer's 120101/1 552iars 10 I 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 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 Storaee 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; 120101/1 S5214/3 11 I I 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 constriction within each phase of I 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. All construction trailers, offices and temporary construction storage containers shall be removed upon the completion of all constriction 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. 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 I 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. 120101/1 5521413 12 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 terns of said inconsistent ordinances, regulations, resolutions or interpretations thereof,as they may relate to the Subject Property. Lithe 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 j 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 i 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 delivery to 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: 120101/1 55214/3 13 Copley Ventures, Inc. Rush-Copley Medical Center Inc. Attention: Bary 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 If to the City: United City of Yorkville Attn: City Cleric 800 Game Farm Road Yorkville,Illinois 60560 I 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 120101/1 55214/3 14 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. Thne 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. 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 120101/1 55214/3 15 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 deerned 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 120101/1 5521413 16 i t i 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 ,2006. [EXECUTION PAGES FOLLOW] Prepared by: John F.Philipchuck Dommermuth,Brestal, Cobine&West, Ltd. 123 Water Street Naperville,IL 60540 120101/1 552tan 17 UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Art Prochaska Jr., Mayor Attest: City Clerk 120101/1 5521an 18 I I COPLEY VENTURES,INC. An Illinois Not For Profit Corporation By: Barry C. Finn,President Attest: Secretary i i 1 I i 120101/1 55214/3 19 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 120101/1 55214!3 i i i EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY I I i 126101/1 55214/9 i Y ' LEGAL DESCRIPTION THAT PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1427.73 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.03 FEET; THENCE NORTH O1 DEGREES 13 MINUTES 50 SECONDS WEST, 1308.64 FEET; THENCE NORTH 88 DEGREES 46 MINUTES 21 SECONDS EAST, 245.00 FEET; THENCE NORTH 01 DEGREES 13 MINUTES 50 SECONDS WEST, 232.61 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE 1085.62 FEET TO THE POINT:OF BEGINNING, ALL. IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS i I EXHIBIT B ZONING PLAT [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 ZONING EXHIBIT SHEET 1 OF I FOR THE CITY OF YORKVILLE N 1 h Iiw[SNITMYi 1M D6°� ' j SCALE:,•_12D , T NEEB.,,E6N1.._„ I ;I U.S' ROUTE NO Yl IOD?01 31 CaE0WR9IM / 991.52' a°D�PO EPAACb Il ux ; ,rtnar N 127.69' LIyYtr��,Ol OI 1btOiS• lkT 1 IH y^ 245.00' 3} 109.94' S$ �o R>•950.00' L>.tb.83' - I h b D] C n I R-950.00' , L-234.39' 4.99' S` Y � PARCEL 1 0' aAMm n � JOHN STREET PROPOSED ZONING an � CITY OF YORKVILLE P.U.D. j (41.0 ACRES �q + Mora or Less) i S, +m ° w X07 a A v u v io U' ] PARCEL 2 PROPOSED ZONING CITY OF YORKVILLE P.U.D. (0.5 ACRES ° .nE More or Less) 1 1194.02• J 30.00' u b wMYS 12 (ldRD%pOAu CNNIY A-+) A N PARCEL OFSCRIPTIONS M —1 >Bf M NtlITIEAST OYARIpt OF SECIRIN Jq>BNHSMP J>N°RTM.RAN°F>[A51 1 PURCELL Of M TURD PRNOPK YEPOAN.OESCREED AS FCLLOWk MIYFEIOID FEET BEAT M N—O,T CpWEII 6 PROPODY CWVEYFO PEII WCl1ENl 9B6M1 TRARN RU3IERLY,9i3A FFR ALAIO M SFEEUNC BF LLS R INN C AN N ANGLE NG Pelf 1CF + n IikOR.MORS 90.O1EASIFRLY.121.,9 ALONG A LVE FONwIG R 11 YEGRFFS YEJIEIFS S]ACMDS RIM M EFSIERLY pOFIL9011 Q M-AST pESCIBEp MMA.As LIELAAND Cd. CL 1. TEAFf 35 TR3JCE SWTIFALY,100.N EEET ALAC A lNU f m. AN AN0.0 6 1N Rw6E5 SS NEREFR N.SFC PX T O THE LAR > 2x DESCRwEO MMSE,AS YEAFET COUG AOAK W HEELOT M ro A PWT S OIRVAIURE; FET A PONTLY,1T FEET K IC A OAK ro THE LER NAYNG A RADWS OF 860.0 INET E A IND Y.TANGENCY;TIDIES A CORK T,THE U{TFT ro A PANT 9 GMVATM[ Zt 1NENCE SWTEMY.258.08 IFFY ALDIIG A CMVE ro M CER IMTIJG A RAOIU9 Oi 16]60 IEC!TOA PONT CF TANGENCY TR]J2 SWMIRY,,]626 RET;MNCE N:SIFRI.Y,11,AO! R" LL IsIFN, NG A ME1M LoExwEAST 1111E K f0 , ,M SEU.i RW1E N,AS CEASVRO KNF TIE EA]T LITE K 10%Y,HAIs fQT ALONG A UA FOwg1IG AN AN0.E 0.M OEDTEES 59 YM/1E5 AB]EC4)N06 wTl M LAST DE]omm C SC.AS IEAAl11EO CgIN1pER0OL94E TtlAEO+OLt TENON NOR111ERLY,-1251 IFR PMA NIM SAO EAST 1&E ro M SW TN UNE K UA ROUTE 3k TORE 1..1.2 FEET ALONG SAw SO TI UNE ro M PONY OF RGNMMG.N%FNOAIi E0.MfY.RlMwi rA9rdL_2 TIAT PMT s THIRD M NgTMAR MEW R Js ACTPI J0.lOMN9N J>MWM RAIICF>GST Of M PRWOPK RIwAN,KDELPo9E0 K F0.10Wi COIWENC9M ATM NORTI'AUFT CORNER R PRMGTY CCgVEYEO PER DONMENi 996M; 1EN0.--WALT,SR.0 RET KONG M NEST CNE OF PRDPGTY PER t=-DIT b67D> ro M PONT 6 N.WNNG MNCF S0.1TE16Y,b0.,9 FEET—s]ND NEST ME ANO M EKiEI190N TRAEOiI TN]NZ MESIMY,MO KWG A ME FORMING AN ANGLE OF BO DEGREES 12 YNIIIFS ET ACONOS MTI M LAST OE--MMA,AS Y ....II-ERIL—A TEREFRW;111E1ICE NORTIERLY,°28.82 FEET PARALLEL wM 9WD REST Ms TO A POINI OF O—Asss;'TIEIJrF NORTRRLY,2.1!.39 FEET.KOINJ A CUMW TO THE RENT.NAYNG A RANUS O MO FEET ro A PANT a lAxIX—.II4 C NNtT Y.4—RET TO TIE PMT M M..r IN KUANL MAEIY,RllNdi PRFPMEO M: CEMCON, Ltd. C°nWYq Ergimw°.Laq Snrwran k PkNNn 23N1 T19fE ON(CN6E.SIXR,OD Awau,R.11N06 me,=( r:"(W)--.21W F (0.l°)992-2188 oL1C b.:R:\NIJb>HLE NANE:EFNVZONNOA.1 ORAMN BY:N.N.i FCO.,R./P6 NO.: N/A MIPLEIION WlC:10-M-O° JOB No.: 12-13-W/—UP.ICD 20NNW AOJACEM ONN[M arMJ wlEu EXHIBIT C PRELIMINARY P.U.D. PLAN [REDUCED COPY TO BE ATTACHED] S 1 I f 120101/1 55214/3 PRELIMINARY P .U.D. �.r RUSH - COPL EY HEALTHCARE CENTER _ x Isom NllO�IIIW F RO J CCT l 6py{5./ v M IIeERrn x v scow n tttNm.m tIaGL EMs,oar v M ttlo nNRrN.ItENItYw a]olen M m.r rNrt IaaeMn er M xollw aaa a va xwMur t/k�etl¢not a Deem n IlNurta N scan L OCATJ ON e � �gy�... cdsr.Iola M Gsr ne v seN IMttlyder 1L d>♦.a Isr,m.dart w M NUM wlr a rr•uK v us EnN m>.M. GiNM 'II i .�?M rwT K E➢Nala 11OtN CaIMEre SOIIIN a aline;n tNlYln 11 a:oan GR NNC Ido Gat IdIC tarl.N 1¢R ROI¢ ToweWt_p N¢ni l¢i D Ya110 n tR t]T.N)¢r,m M Mw IaIE 6 M ILU x Q two IIERdtGcr x:tln¢xaat a eaten n lalut¢N®an Ksr Ma1 sle ear ut mcd.>+r¢r m.eon w two teNRt Natr v Nn ue twe docnl N w�-]pM'^'� �^- Onlm 9 WRt L Et GO YbN!b fa111 awr Or tYY YIL t]dvY 1¢t m M MIT 6 LNNI2 NLN alma '�. mtetar.]YmnL manr.euMA cavae nl0lmlw.NmME atNG rdna INMraND tr min]oedK rtn•r M & MNaIN]T non P M Mae O®EM]f/d M-R -I LOCATION MAP ` ewer sue YOT[/ tMNu Gloua ulEl l]INm.Im a•mlNNle M7 +.�+� rtNrt r.mtE frEr NN alr v laaRME tnvaan leers ImR@ aHD/IL talRtT rq •uL twate s]tm u jj��ttNNpE _ � _ m M!aA W'aa olir New um nwuo IINt =1.TIr¢ Mletue[Ce�NINYOt _ -__ _ O e!�Eme� NTNIn/N�•ap1♦O f I �1` 1 '�° •,a �_ -- "`:mow__- --- -� Ra MNemnr Gam n t 1 1 LIN! L!lCMO R. I N= LIM dE BIlI1DING /I �Lg 1 r Inm f I .I.i.N L a nnR uNiMNoer•uee 1'I / ,.,,ti d tllil /• a ii 1 r � 4 -----.i�.r n.:`re.N.::�il::.i v �a Ili - •.64 ` r � i/ i N � � N� w w.na cNrIN } tarot I 7 p ] I N'�I 1 E1aN NlCll r1MMHOIf fMITI F �iGmr { I ww t� -, j OU1L0T �� Mt 7 I�•�/ i� ! �� �I 1 I i taaal�¢to¢I]nn 1 1 r , • ,1 LOT 5I01N/ION■ \ AAIA! AN■ �I J nry 1 ATI E oTIONi • WILL PANT '�,'/"'7 I i •/� am:¢ I A7T TIY! OF FINAL FLATTI NO. Ao —s>- -- -- S SO'3XDW W lNur 1 ;^�• w f>sea ew^,tNL » `.,`I an Ir iaNss jGn�x um I n NIIO$ uc m LT6lMMNI¢ar�u"ioel'I�ml OOG aE-RM'I]N s 1 `CT / r j // I i ;tl If Yart ui�il mtm awn vat�aec r� Is lYktal[cma.rz tiers oNlEla g sMRMr/N.InI N rdrtNew f].maNt n'�Nua u�IMtr I I n 1 Bflt-w.M ?+r.MttNt .- d m R dnAgn veat rats e s G"71m 10-��1 1 I .1.� Woos m sN¢.vr 6 mM.N m- SI TE DATA aNe�c�NN_yw ttr v sulx oar MutllNtc ]lRiRl wlu eLNUZtMIr SMUT p �r�2 N�N r�L� �� tEoni Y�1p U.p p� a/�n w 20uRGA/>•IRIp;a' 'K Itlw Inlla Mi.Sw!® E¢an Ea.R NRN O[oIG11al W)K.1G k1EN.rMAY � SLOT 1 tm a•lamNu zN.e nN.o uNr stvvMnr tYNea cN.N aarttw —Nn dr. qtN... nR s aNrtll Ia]n ar. rasa suwr weN u. - m..G maN.N ttt®N3D wx lemeN.I.Gz RUSH-COPLEY HEALTHCARE CENTER °tler1 ) ''d' 200 OGDEN AVENUE AURORA, IL 60504 Mtetw ruxr 6N AC 6d]+dN (630) 978-4972 :,Il:l..Ce ERM..• __ nE RNtMEtwr/ n,e N: N]N oOeNn a'M pa:�M N""r" CEMCON, Ltd. rENewE rEmsEE I e.:-anw Elyx..,,Isle E:r.wm..r rt.,.., v zEaY twa a]Isw.SeE.to N.w:c Nlr anm-Etm i src aR.s¢.ttao rEtc c.....,m ] m ) E-Yak eNaawtleauN. NEMIe.e,tecdruwn OfQ.m: a0].EQ f4F IUNG PREELAt mrN tw N ORdlell R OMC RD.M/K.Na:9L/PG OHNE]aYOREe rMENO fLYW1110N MIG ttbt-Re .aa rtW EfL]EET la[f:PEFOMI PEOI[R IltI1M[R IRTn Nn rMNM tY) N t ® n-n-NA¢N.'Nn r¢an mtN IEi9 Gla 11-aN i n uT""alnr NNu ate.r:.:rE I.ui�N EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES I [REDUCED COPY TO BE ATTACHED] Architectural Guidelines United City of Yorkville Appearance Code 1 120101/1 55214/3 ...�,,.. Anderson u o Q o o g oo Q o g o 0 0 4 i ,�-• �. Mikos Architects ltd. �. .. ...- w.r ...- N ..r r..- .•.- ..r •.r n ...,..".. r+ ar rCv' ''NN' w ¢+•': •,�:r.. 17N'11 m.pr.rkYl,..urm., I— _— 4 �. '. t •� T ,L' `'� .� i-P n Sr J\I L a Im 11x1 1 � � � . I I, :. •'�' ^"'� "'� � Ilakbnu,4 I errace,lllln:d,4YIM1 _ m Qi I " f ul I® MRv,GaRO41 ... .. ......... TO; evi-Wane r I fl JI® I e = l—_7 ! •....a fir,:' ' iC-§ _ Rush-Copley ® ,�� * ( ' ! I i 'it Healthcare Center n .:..... ..._...__ _.. ...._ .. ............ ... .. .._ ", I } § ° Yorkville,IL ,..—= w,� I ° �.. .... , .................. ....ml}...............-'--'--.... .r_ ..a.._�. ...... ......._._...._.. ._........_._._!.. I ..__.............. ...! ... � __n Vii. ° I ! f }._ i 1 I-i r •.... ..... a ............... .... ...i ...... ..... ... ! H...... _� ..... ( _ ......IWm i .... .I. - ...... CNAWAR{/MWAR �. • 1 1. .. f - " wt. ... .4@ I ! 0 ceacoNy ua. — I , ® ® I tjYfe • 4 I f. I '{'{�` xkq y. carmlort O AUA zaon y' 0 @) �� .. .. �.y m., -•r.ra_.t ,gj ! um. I I i I �, ..,o f {.I -,�� �r .._®. _ 11110 _o i .. I mzww jr f tJ , 1 1• q�=' „�i �7 � S O g I LEVEL I PLAN �1 .n •' .r....,r...r �� r .� z2•Jx 1 I LEVEL I PLAN IFe L - - - - - - - g - _ �w ° ���_��-=. A2-1 1 Anderson Q o o o q o x Q o QMikos Architects ltd. x•nT"--1• One 1'urkvlxw 1•luxu - _—1— —— ---' IT\'11n 33xtl 5.nn.xxk.•30n - 1 llxkknmk'frrnxx.IIINMr M1nIMI i7]-C14 >Ln mm �� I e nxu • Fu\4111-ST-517. I r, _. --... :._._.. .�_.::.- int -r - - ._. I b 1Y per. ,�LL...a n. . ' •.`, i— V, ...mx[.\ I1 y Rush-C Center Iy ,�� x. � ' .`•1 i i �� Healthcare 1 O Yorkville,IL l.', I ern I o i • i t ! __ � 33 i i I i �i.4. ..® x.,. .. _fir... i ...x a cxwn j€ b j wrx x j AN Em 0 --] Na rvARa xurvxR r I I i1 n I ® I I CENCON Rif I .... / t 1 , P i q l_ 0 _O �n a... 8 I _ rev Y.a a...n �.... . x a # x•i — i i - -' - O q. ...._.... ...... .... ......... _......._.. '' - --......-'=- --._...._.._._. ,®} _. . - ,,..- .. ..... - 1 AM=, i ! _IIMI I (1 LEVEL 2 PLAN •3 .`x.,....' _� .s.,.,�n..,.nn..•. I LEVEL 2 PLAN I if 1 i 1 a � 1 I A2-2 L ' (D (P t Anderson q) (D Mikos Architects ltd. F ........... ................. ........................ —_---—--—--———-——-—-——-—- 17WItO 22.dNO-801,20 .......................... ............ ............ .......... ........... 1'. ....................... ..............0 ...- 1. 630m573-5176 G) too ........... ............... ........ ... .......... ..........- ...... ...... ............. Rush-Copley L! M Healthcare Center Yorkville,IL ......................................... ......................... ............................. ............ ...................... A.- . ... .. ........... ............ ............................ ...................... ................... .................... ................ i--4............ ..................... p Em JAMDCJ O mwm a MWAR .......................... ................ IP r1p LM ...................... ............ 01 11 —A .............. ...... ..... .... .. Nw, ................ ......... Xa ................... �I_............. ............ d 9 9 ........... w-r— ............. ......... ........... ........ ................ ....... ------ (D ........ .......................................... )................ .......... ............ (D .......... r LEVEL PLAN LEVEL 3 PLAN ----- ........... ...................... .................... ... L A2-3 0 0 0 0 0 0 00 00 o O o 00 0 s� W �" - ��av000000�c■c��c■���FE�,e�'e 0000nr�o I ism :3=1���oo�,,k�a�°�€oo� o�■� o■�o a oo�k,oe���o00000000g�o Mos P-� ----- rurrur���n�rra�rR�l�J -------o-� ©Q�i Clam mom, ����99 9 b e zn ,t Y €e kL 'asi AW 1%, j.L -- '-M dbwO-EOMAR© mom, oo Mom M©6 l: - - 0 000000 -- v v v v v v v Anderson Mikos Architects Itd. Une F.rkl- e PI.. I7N'l10 32nD?Iron,Selle2W axkbrw,k Tttnee,IIIInM.YXIXI Tel.b311.57.1.51�Y F—6]X-573-5176 �e Rush-Copley Healthcare Center --Xr ri Yorkville,IL BUILDMG ELEVATIONS-NORTH K-77� AMDC:::;, x6rrul[x6rrnrt BUILDING ELEVATIONS-SOUTI-I ®CENCON. LIJ. INS _•fM vn:1 ll'Inriul'n S[�[i O 6W 2W6 BUILDMG ELEVATIONS-EAST ssimmm ELEvATION5 AELT11 LONG TERM GAMPU5 PLAN BUILDMG ELEVATIONS-WEST L - _ - A4-1-2 Anderson Mikos Architects ltd. O.ParkW—PI e 17W 110 IIed Stmk Soft UO O.kbmkTe MIMeok NUI TeL 40-573-5169 630- (T� (T� Q fes 573-5176 I I I I I I i `1 1� ' wam�.nw enM�•w+w ro i I.""., ,� •V =1=11=2= —s.&P Rush-Copley R1p141eMT�•,e Healthcare Center �w Yorkville,IL .v _....... ...w.e, ... .....__ �!. ..... e..e..r..e...� 6v..O1Ceeii ....... --'---.tea•*�e.�.- - ----- ne•..:en e�.w�ea...un.�ncee,. a.:vi.emem.�...n.wn.rn. ..t x6�,u6anrrue �� u.ne.�rx IYV n8t711TN ELBVAtIGN � �I/Q C6YCON,Lld. ....� 6 " 4 4 Q-� 4 4 4 T__ Q Q 4 �I QLlar`_ .................._.._._.......-...y • — - _.+J/ P+ /•JAF.....__-._._._._._........—_.................... ....................___._............_._....._._.................... �C��I'Y..w.MxrHl�p �L� MiIOOO nelNeeo l.fK Me0 � L YYMn 6e6e•wo4 �• O r.ca ewoc _.__...... ...._........—..._:.... .tvlmna�.maw BUILD AND WEST` BUILDING 6s ...... __........ `` mQwjwIWELEVATIONS land ./ 61 fJ k.l 4.1 L� ELEVATION A4-2 Anderson Mikos Architects ltd. Ove P.rkivw PI.zO ITPI l6 yV 8trmr,dull.i66 ClLLbrmk Tr r.m,-573 5101 TLL 630-571-5169 F-630-573-5176 Rush-Copley Healthcare Center Yorkville,EL PARTIAL ELEVATION nGARDEN WALL AT NORTHEAST COWER 7 Q QQ T l Q Q I I I I I I I GD AL WEST ELEVATIOON-LEVEL 33 BEYO®ND PARAPET "rM4`� ra.aw ro iu,a emnro i .! •.. ��+� � r.wreaw • 6 I �( I Q �� (1 ` C6YC�� VFW t1�8H CORRAL ELEVATION rm.rocal.w n__`wH C0�.4L m��` I I I I I I I „'j��� 1cro,,..rwnr .6.6: rt GOPrpM:Mf ® AW 2008 RMJ.n r,e"e.:rororuo.r,rro`d' I I I � O0"e __ 0w Oreybr ........................................ rs' ��' PARTIAL NORTH ELEVATION-LEVEL 3 BEYOND PARAPET on. 5'• �� I ll..n�5 m.a.a r ,u r rl. i6 c e • A r I '�. r �r d 1 r d i'8 i�;w mlvNV .ww,mrmlmm mu MmI..L mnp.M v 1 : .fie MWn. m r .. uoram,vmrt.Mr y i r ! r -......... 11. JI 111i1L....... al1G[ .._ u _ r ...m..�. m o - __ SOUTH AND"' BUIL DING WEST .. rsl• .......... —yam.. « « « « « « « " ' ELEVATIONS PARTIAL NORTH ELEVATION PARTIAL SOUTH ELEVATION PARTIAL EAST ELEVATION ..r LLEVEL 3 BEYOND PARAPET ��LOBB GENT TO 1 STORY �I BTORY ADJACENT TO LOBBY —PARTIAL NORTH ELEVATION-LEVEL 3 BEYOND PARAPET A4-3 Anderson F Mikos Architects Itd. Wkk...k T--. (D 0 N ...................................... 4- Rush-Copley Hea�lthcarc Center . .................. I [J I........ ...... ....... ...... 4— Yorkville,IL IN .. ......... is I OCI LEVEL 1-3,4�FLM ----------- CENCON.LW. 0 (D O (D G FIN ..... ... .. '91 (D t 27 mas FF '9 PARKING GARS PLANS LEVEL I PLAN L PG-1 Anderson Mikos Architects ltd. X!mnzucz� T.I.63. 513 rux 4,111-[7\-5171. Rush-Copley Healthcare Center Yo,k_v.11,JL �YICAL PARKING STALL HANDICAP PAWING STALL (D Q) ................................. ...................- -------- ---------- ............ _ Tl� �N C"CON (D (D GY 4- 3T, �d .......... Al; 4— t i is PARKING GARAGE PLAN 4 SECTION Z-1 I I I I. LEVEL FLAN _ _ PG-2 i Exhibit"A" Title 8, Building Regulations j New Chapter 15 APPEARANCE CODE I. OBJECTIVES 1. The fostering of- a. fa. Sound and harmonious design of new buildings and sites. i b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community,by giving encouragement,guidance and direction. C. Better maintenance of properties through encouragement of preservation, upkeep,protection and care. d. Greater public interest and enthusiasm in overall community beauty, appearance,cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to,buildings, streetscapes and landscapes. 3. Encourage creative non-monotonous community designs utilizing design professionals. II. APPLICABILITY 1. The provisions of this code shall apply to: a. building permits for new construction applied for after the execution of the Ordinance,and/or b. building permits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s)are equal to 10%of the floor area or 200 sq. ft., whichever is more and/or C. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the fagade is removed and/or different type of fagade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single family or multi-family buildings 1 APPEARANCE CODE i d. Additions and/or major fagade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20%compliance ratio is expected.) 2. The provisions of this code shall not apply to: a. This code shall not apply to industrial accessory.structures. However,all accessory structures should compliment the main structure. b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. C. Provisions of this Code shall not apply to a_ny PVDs already approved prior to the ado tion of this Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May 1,2009,for lots located within the Fox Industrial Park. III. PROCEDURES 1. The City Building Official,or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code, shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Fagade Committee,who shall make a recommendation to the City Council. The City Council's decision shall be final. 3. The Fagade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. Is there a particular physical condition of the specific property and/or building(s)involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? C. Will granting the requested deviation from these regulations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? 2 I APPEARANCE CODE d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? IV. DEFINITIONS 1. Across the Street: A lot with a side yard pro eea line,when projected across the street, intersects the front property line of the subiect lot. 3. Adjacent To: defined as lots sharing a side yard property line. 4. Contiguous lot: Shares a common property line extended across the street with such lot. 5. Front Facade: the net surface area,excluding windows,doors and garages that faces a street and includes a main ent1y to the building. 6. Maior Architectural Features: Covered porches,Boxed-out Bays/Projections:Decorative Dormers,Juliet Balconies,Metal Roofs. (10% credit for each] 6. Masonry Products: brick, stone,split face brick or architectural blocks. 7. Premium Siding Material: Masonry Products cultured stone,natural wood siding and synthetic stucco V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise,ingenuity and creativity,while considering deviations to the standards and guidelines of this Code, are encouraged. 2. Landscape and Site Treatment a. The provisions of the City of Yorkville's Landscape Ordinance shall apply. b. Exterior lighting,when used,shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the property line shall not exceed 0.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. 3 I APPEARANCE CODE C. The provisions of the Ordinance in regards to bulk regulations,standards and off-street parking;relating to trees and shrubs; all other Ordinances, or portions of Ordinances,which directly affect appearance, shall be a part of the criteria of this sub-section. 3. Residential a. Single-family detached and Duplexes (1) Unless stated otherwise within this ordinance,no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from, or adjacent to the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance"shall mean a residential building,which is identical to another, in combination with any four or more of the following architectural characteristics: (a) Roof type(gable,hip mansard,gambrel,flat,combination). (b) Height of roof ridge above finished grade of property. (c) Dimensions(height and length)and shape of the facades facing the front lot line. (d) Locations and sizes of windows,doors(including garage doors)and ornamental work on the fagade facing a front lot line. (e) Type of fagade,materials(i.e.,brick veneer, lapped horizontal siding,half timber, board and batten,shakes,etc.)on the fagade facing a lot line. (1) Porch Dimension and elevation treatment. (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. b. Single-family attached and Multiple-family The intent of this Ordinance,specifically pertaining to single-family attached and multi- family buildings, is to create a"sense of community". This can be achieved through careful site planning as well as thoughtful building design and color selections. 4 APPEARANCE CODE (1) The building footprint of single-family attached and multi-family buildings can be the same. However,the fagade treatments must vary between buildings that are adjacent to one another. Fagade variations may include building materials or colors in any one or more of the following: j (a) Siding (b) Masonry (c) Roof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and yards are less than the minimum zoningdistrict requirements must provide an interesting relationship between buildings. (3) Parking areas shall be treated with decorative elements, building wall extensions, plantings,berms and other innovative means so as to largely screen parking areas from ' view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services,and service revisions necessitated by exterior alterations, shat I be underground. (6) The architectural character of the building shall be in keeping with the topographical . dictates of the site. (7) Masonry Products shall be incorporated on the front facade of at least 75%of the total buildings in the approved community,and shall incorporate a minimum of 50%Premium Siding material on the front facade. No less than half(25%of the total)of the minimum "Premium Siding"requirements must incorporate Masonry Products. Credit toward the remaining"Premium Siding'requirement can be earned via the use of Major Architectural Features. Each Major Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement. Example: A building with 30%masonry on the front elevation will require the use of two"major architectural features"(10%+ 101/9=20%)to comply with the total"50%Premium Siding material on the front fagade". (8) Pedestrian features/amenities,such as covered walkways,street furniture, and bicycle rack facilities are encouraged. (9) Common open space and outdoor features are encouraged. 5 f APPEARANCE CODE 4. Non-Residential a. General Provisions l (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition I with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility services, and service revisions necessitated by exterior alterations,shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings to the site,the provisions of the Zoning Ordinance in regard to bulk regulations,standards, and off- street parking shall be part of these criteria.This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens,site breaks and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture,lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. b. Building Design (1) Commercial,Office and Institutional Uses (a) Guidelines for sites that have existing buildings 1. When addinji an addition, distinct color variation to an existing building is prohibited. 6 i i APPEARANCE CODE 2. When a site abuts a county,state or federal highway, and when Yi an existing building is modified,the property owner shall be required,to the greatest extent possible,to meet the standards set forth below for the entire building. i 3. If an additional building(s)is placed on the site,the additional building(s)shall,to the greatest extent possible,compliment the architectural style of the principal building. 4. Any additional building(s)placed on the site shall, to the greatest extent possible,compliment the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (1) Masonry Products or Pre-Cast shall be incorporated on at least 50%of the total building, as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50%of the fagade. Any other fagade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre-Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style,materials,and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards(i.e., in terms of visual design materials and layout of the building),new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (5) Pedestrian scale features/amenities,such as solid-colored awnings, covered walkways,windows, street furniture;bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial,office and institutional developments. 7 1 APPEARANCE CODE l (7) The location of parking lots in a manner that is logical,safe and j pedestrian friendly is encouraged. In this respect,the location of IJ parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements,building wall extensions,plantings, berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive-through facilities,including drive-through lanes, bypass lanes,and service windows,adjacent to a public right-of-way are not desirable and are discouraged. (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of-way. (c) Standards (1) All commercial, office and institutional buildings shall consist of solid and durable fagade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles,but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial,office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines,are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road,landscaping between the building and the street shall be such that within five(5) years of installing the landscaping,it can be reasonably assumed that the bay doors will screened from the road. 8 APPEARANCE CODE 5. industrial Uses a. Guidelines (1) Masonry Products or Pre-Cast concrete shall be incorporated on at least 50%of the total building, as broken down as follows: The front fagade(defined as that fagade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50%of the fagade. Any other fagade that abuts a street shall incorporate Masonry Products or Pre-Cast concrete. The use of Masonry Products or Pre- Cast concrete is encouraged on the remaining facades. Where pre-cast concrete panels or split-face block is utilized,the use of colors,patterns,or other architectural features within these panels/blocks is encouraged. (2) Building entryways shall be clearly identified.Building components,such as windows,doors,eaves and parapets shall be in proportion to one another. (3) The location of parking lots in a manner that is logical,safe, and pedestrian friendly is encouraged.In this respect,the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses may be placed along the front of the building or the side(s)abutting a public right-of- way when there is an industrial use across from that fagade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way.When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five(5)years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. b. Standards (1) Industrial buildings shall consist of solid and durable fagade materials and be compatible with the character and scale of the surrounding area. 9 I i APPEARANCE CODE (2) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses,projections,windows or other ornamental/architectural features along at least thirty percent (301/o)of the length of the fagade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. 6. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall signs shall be part of the architectural concept.Size,color, lettering, location and arrangement shall be harmonious with the building design,and shall be compatible with signs on adjoining buildings. 10 i EXHIBIT E PRELIMINARY LANDSCAPE PLAN I 1 [REDUCED COPY TO BE ATTACHED] f i i i i I 120101/1 55214/3 Anderson Mikos Architects ltd. o.s r..ra...n.>. I 0.Y!lwllTe,sr,(�YI.I TeL 76:•3/3-3176 P.a Oe-!l!-l17! U)VETERAN'S PARKWAY � m.wwaL"". Rush-Co le )mo®Law �Ip r•nlanlruea P Y Healthcare Carter Yorkville,H, suck CEMCON,Ltd. ' V!✓ �• F -_______ ^.�t� mom u.l_ - ..i?AF @Cm L•N 1 Lm LYM �•� � 1 ) aaeIAMMM I t.._..: ImI . 1 � )M I 1 r ,F ! QOef! I anw r i orrsfn�ee•�IwMeawi ..� _ ' :::arta se•wa. "`� � (1POt0 FLANTa'Y DETAE __ Cq�-p==, @r]wltrr .. -_4•:V `Q \ Lfrra rlP� ® Gr il�o�-a,Cm v.- . - `CJ n�rL mesla� i4, wu)use s�pr � \ _ mesa usew ('1 m"w.t'LAlRa►3 MAL aab^� MUSE I L*VWAPE FLAN DETAILS L L-2.0 I I 1 1 \'� e� �`p® �� f pe'v .q• ar b m o o b opm�- � t" lr/ +� �® \otl By �t tL yur � ...- p�`A�a.4.�,tl7A.ao�'• ki4 r.�� c.= ,: '39l � 3AB e.Da� , '• c l rt1d.� a'1 ♦ e �;e. Atr�i•� J r iv'� \�� i Js iv ��O -�I� !• r�� %rr;4 O - "'"'`.— cu�c...��®=�..�.- �e iii-..=,��'.i.-_•�-�.7 v c_a.�a��r�--: �": �r CC 1 Anderson Mikos Architects ltd. — — — — — — — a......,-.ri.i Innu nwan.e,araau _ _ olm+.eT...�aa..�aom — — rkTCILME-6EE!IFFY L-ID F-oa-m-mu Wa; Rush-Copley =L Healthcare Center Yorkville,IL i �� 1Fm N�nua aNriM CENCON,Lld. /1 PNABE I LAlOSCAPE PLAN auu r+r� - �1fl9aL®1llltOatLL /lplGClWla IIJVIItttll OarK aNafaa R.fllala saaiw�Oia��urt+.a�1aMav'e�� uw wea�rwv�i,w snw we�.w. a.0 um µ PRASE I LANDSCAPE PLAN AND DETAILS a®n Lr,t ,L talgapCOMt n�nra OafLL r,,,�e ar-00 EDW MA& L-1.1 I I � qE 3. %r�r ntar �°cc 5s..xr VJ rY f.,�r s aY,Eo rFi.r y/ Y P e ,, ••I 'Y'T I Pt r i air - 4r• NS,� lal� \ ��.I/Piles �E� / R'. � ili o!• p• lel i) • �° PI !$hv c Yy •t / it CIO !gl I'P • r,� •:!t Q.j 0/ �� ON Ca " pIn0 C9 09b VII If b•• ...• •'.Ib3 v c1 /l/ r %. � 51 y 9 °, � • 9Y J EySI R@ raS �Ld OD �! I `je O � � i EXHIBIT F PRELIMINARY LIGHTING PLAN [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 Anderson Mikos Architects ltd. �O' sE tBACK ------------ o..r..a:.l..rl.:. j � � � � �� 17WIla 3Ld SIn�A@S00 OWrwQ Tvr.n.19r4 Nm TOL 436-m-5145 Fu 630-577-3176 _ \ Rush-Copley Healthcare Center " PARKING Q. �— 8 Yorkville, "" u raLi-______ -- i u r u " "r"" LOT Z MO " DETENTION \ "r" URGENT r r r".. POND I Il "0 38 SPACES i CARE,DIT "" " " STAFF 3 STORY __ " PARKING MOB " "'S" " .P FF" " I 634 FF. I i Va"..i.." " "" ) ► Y r�.. "pp" .."!.C) " "AM@ULANC6" '� \ r l A I \ snag r "r r"r v r "e..r .: • lir' Y Y. ."" Yp' I \ 1 ... ... ....... . o I 10b1 ACRES. CO " u / yM fCwuM ww. / I " " I / �'" awaismo7cAmans MEDICAL CENTER ..... "" 200,000 SF. 3-5TORY PHOTOMETRIC SITE PLAN aeus:l+ma I I I PHOTOMETRIC SITE I I I I PUH L SEI-2 Anderson Mikos Architects ltd. Oe.P.rkvlew Plau _ 1d—k SL6 aerio.0e=181 O.HmTO.ay 115"6 Nlsl — — Tel.p0-371-5109 Pas 630-571-5176 I 4�W Rush-Copley Healthcare Center a'u V Y V 44YYY L O T 00., u " Y v W W W, v v Y y ��W Yorkville,IL •Y Y V W V W Y Y" V V V 4 V V W V L V V L V M " • V Y .1• Y Y; Y V W Y Y Y Y,.Y Y,. 2 Y V W v ,•V V V V Y'W V V V V W V W L W V V L V W V V M V Y "� • V V V A Y YY W W "a v v�D NIv v 6K IM v 4 Y Y YYvvY 3 - STORY Y YL4 t•L a•r Y v v oAY BUILDING MEDICAL OFFICES Y 1 - STORY SECTION t•" BUILDING 77,800 S.F. v "`•`• " o '• 3- STORY •v Y " '• BUILDING �m..w.. „4 v .YY4YYYYYY SECTION Azg y "�•' nA V u..v V V W V V Y V 4 4 4 V 4 Y V,.Y W Y `• � NAWM6NA7YM I Y v 4 A18HELIPAD L_ p AMBULANCE AV "" "'• ENTRY y y 4aA' CEMCON,Ltd. 3 - STORY , II Il' .rraasm' „ v a BUILDING sEcoNd LOT � v �W cavracllr 8 AtU1 xaae .V ,•,.�•Y v V Y Y Y A � V W V W 4 W W t V a��" L V YYZ-i m W u Y W Y V W W V V V 4 V W 4 Y V 1 �• W Y W W W W W 4 MEDICAL CAMPUS W 4 W (HOSPITAL) wwll :pew;. ti g 659,500 S.F. W Y W 4 v W """1 Y 7 - " STORY 'v W waa •mm w•mw meow �4 vvvv Wvv4 vt "a"'� BUILDING v v 4 \ xlatwc ocsv+rrn�wl SECTION e .�• , Y Y . 4YY4YYY 4YY,.444 v Y v w;", 3 - STORY v v v v oasiom icnvml3 BUILDING SECTION "v t• as Y A ti W 94'�XvRYcI T. lus-MES. y L qq L V V V V L 4 1 v W L V V Y V 'B 4 V V,•4 V M. V V V V V V4 V V V V t\ LOADING ZONE vvYv,. Y v4Y Y d,('•' YY v44 �� i u A . • R v. 44 V V V V"V L W W L'uY VY4Y „YY Y'e v 4Y W v Y4,L I Y,,,,4 Y„v Y,•„ YAy Y t v ELECTRICAL I„4, 4Y vYv vY YWVYvv vv , v t.,.�. .. Yv4 SITE PLAN ELECTRICAL SITE PLAN SCALE,.pPQ I L SE2-1 Anderson Mikos Architects Rd., � O..P�r6vYw P4s. uA 17W116 31.6 s°.Ae.A.m A Td 630-sn-s1.6 FAX 63:-373-376 yb Wy tiEID• W A yA L Y Y •W L V Y W V b 1 4 V 1 V V Y V L L L Y 4 V 4 Y 4 Y b b b Y Y V V • V Y v v v Y V,s V Y b y 4 Y W Y Y V W b Y Y I A Y V W V v v,.v v v • V V v Y V Y Y 4 A° VAY A. Y " Y Y RU) ush-Copley Y Y Healthcare Center Yorkville,Q. 3 - STORY 4 y y BUILDING MEDICAL OFFICES I - STORY SECTION y y y y BUILDING 77,800 S.F. SECTION W b V Y Y �I.�yY�W WAV V„4 V y V YY4 QY Y Y Y Y Y Y •�ia,1�fII141_� Y y " 3 - STORY W yY Y Yyroybb BUILDING y y PYA, SECTION Ala r Y Y Y W Y LLL Y�S V Y Y4Yb Y Y V V v Ata Y v V v Y V Y Y Y ICE Ata 3 - STORY 1 BUILDING SECTION L O T Y Y„ Y Y bW11 Y Y W 4 y 4 Y MEDICAL CAMPUS C6NCON,Lld. I (HOSPITAL) ®W _ 659,500 S.F. •T, 7 - STORY Y Y V Y r, " Y y y Y Y Y y y Y Y W� rog W m. BUILDING -y- SECTION AO y Y 4 y V y L Y b V y V V Y / C.FY6Y,i. ® AW 7606 3 - STORY y y Y Y / A.aw., BUILDING SECTION """ •.o " """ " C Y4 I YyRY"Y Y y Y W" A COR/obe�r Ate" WY 4 WY I W" ,. W y y b o Y Y Y b Y Y Y y y / 1 MW TOiptq:xaa r.a�c! AA yAy 0 'LANT YY Wb b YY ""b i 1 S.F. Wy YYWWb 'AW YyL YWYyWY Y �/ I W VA /� I U iY v V W m I 1 Y Y Y\YI Y W �j�/r'/% \b W b Y W v•°" Y Y b�� W / I ELECTRICAL A y p �/ I 9 SITE PLAN ELECTRICAL SITE PLAN SCALE l'wP - L__ SE2-2 Anderson Mikos Architects ltd. b'u W v L 4 Y W 4 W 4\a \,Y W Y 4 .� — S I UR Y l,ar • -\Y- - � 101.oawb On.P.rkv6ew ll.0 SECTION v Y 4 v y 4 4 404 4 OSv..S160 A6 Sd 630Slot • " + v v 4 P.,610-Sn-5176 \99'4VT\•A 1 R ^RII�O SPACES Ao v 4 y4\ ,• ,,.. • 4 4� YYY Y4 4 4 i• • W A v LOADING v ,• v v Y ,• „ ZONE Rush-Copley °Av,. W,. Healthcare Center 44V ,• W♦. • ^ W Y YL W LLL Y Y4Y W Y W 4Y W Y Yorkville,IL W 4 b Y+ b W ti'u44 4 u POWER PLANT „ 4„44bbY4v4b 0AY �,Yv 44LY,4 Y; A 6A 10,000 S.F. 4 Y Y W Y 4 Y 4 Y Y ^ Y .v 3 — STORY vvv „Yv v Y BUILDING '•” ,.,.44v vv Yb YbbY •Y W V,4b W 4 b\.W 4 „v A •„ „4 4 2 STORY k y"'•+ PARKING LOT2 RETAIL BLDG. 69 SPACES / A° L Y v v Y 20,000 S. "",•\' v " YYv vY 4v 4bvv oA � / 4 4 4 4 W 4 A.+W 4u,,. 4 W 4 Y4,. �A y Y4 y v•. b Y W W FUTURE W vvv PARKING GARAGE N „ EXPANSION �•4 4\ 4�'�• v v v vvv - �• by Y YYY Y YY4 4 Y Y V,4 b„ ^ ,.v 4 Y 4 II� xN.� IARNA .AR P ING G AGE 4t L4YY4Y4 YW 4•.....`"` R( lull 4 u 4 4 W 4 ,• 4 4 YJ Y 4 L 'A CEtiCON,Lld. ®'__`�_ •4 XSTORY PARKING GARAE �• " •" `•Y Y v ,a 0Dw°6 Wpa6A 571 CARS +' 153.600 S.F. vv.. 2STORY v vYvb 4v44 vv " +•`•" RETAIL BLDG. 20,000 S.F. ® AMA 2006 v 4 4 Y 4 W ....� V, 4 0 Y Y V b\•4 4 �-`\ 444 44 •�'W44 .4 4; � .�61n� I I \ \\ v I I \ \\ b 4 Y4 \ v4vvY FITNESS CENTER Y , I 44 150,200 S.F. 4 Y..t��cc 4 4 W 4 y „ ELECTRICAL SITE PLAN ELECTRICAL SITE PLAN SCALE:V-W-W L SE2-3 Anderson Mikos Architects ltd. j Ov.9.tkH.w llav 4 Y 4 v L r V 4 9A v 4 A y / I 179/1(0 ILLSuw,0v1.I90 2 STORY y r / I oa►n.t r.....,ml..r aul 4,• Ip 4" PARKING LOT�2 RETAIL BLDG. 4 A / I T&630-S/3-3199 69 SPACES 4'""' " 4 v Fax 630-573-3196 ` 4 20,000 S. +. 4 y y�y y � I y , 4444 V OA —————___——/ O "uvy' vA iy X44 yvy VL"M 4y 44 b y 4 4 4 4 y v v Rush-Copley Healthcare Center •.+. y V 4444 4 44 V 44 4 `. Y 4v4 Y Y V 4 44444 V 444Yu Y y " " V v444 "" " Yorkville,EL GG AGE4r444 444~' ��4 4 4 4 4 4 /'� R..L,",L u y 4 4 4 W 4 Y I 4 v L y V Y 4 V 4 V r V V L v V Y v 4 W — Y v 4 4 4 Y y 4 y A . 4 4 4 u r V 4 L u Y PARKING vv , 444444 " a �-----------I (RAGE CARS a 4 4 v y r 500 S.F. 4 4 4 I " 2 STORY RETAIL BLDG. 20.000 S.F. I v v 4 v v 4 \ I NAYYARL/IAYYAO v rPARKMI®L4T'�,Y les 9PAOE^.r Y •�••.,m, CBYCON.W. V 1 4 v 4 V Y 4 4 4 Y V W 4 V 4 Y C=.sem v v 4 4 4 4 4 4 4 u y y V 4 u v v v��� rARlt,[1,l.Iin \ v V 44 u4 V Y4 vv OA \ M 4 V V V \ FITNESS CENTER44444 44 °G """"" "" w.m6 0 w. 6 \ LL V 4144 v L V LY "W YY y,a� \ \\ 150.200 S.F. 4 4 4 v 4 \ \ Y y V Y 4 4 4 4 \ \\\ A 6/tY6\\ 44 WW31 6A691M fM4l Y 4 � \ 4 4 y V 4 vv444 Asap, � 1- STORY BUILDING r " Y ann. I / / " v 4 y NSW m,[wnc o[swv v�uwr I " Y AIVW11 Oa,. I \\ Y Y 4 y r y y 4 v 4 4 \ 44 4 R -A 4 �5 \ LOADING.ZONE i Y 4 M e 4 Y A L Y A 4 Y 4 4 Y 4 4 4 4 44444v4r444yry I 1 4 4 4 4 W v 4 4 4 r V 4 W V y — 629 � 444 v / .----------------_raav gnu----pE9---_—__----_—_--i ELECTRICAL SITE PLAN ELECTRICAL SITE PLAN SCAM'1+Ova I L SE2-4 Anderson Mikos Architects ltd. One F.rkW—M.- 17w11.23.d s-.4 arl1.700 OX MYTaneX,rewb 60111 Td.CYa-all-5149 Fw 630-573-5176 I' nATW"M DATA P.V. 1�; I PtlMOId FtlM.ald FtlNn. .+M'NIa1 MlnN Id Ib.aA N A NaMwrybMna W u0tl. T N IVXtl 0 fmrMnO Rush-Copley Healthcare Center i Yorkville,IL i �I f i Ordering Information Proportion Guide BNS1 i BNSt Bounce 70 to 200 Watt/101 to 20'Poles i Isae-ma1°wM.9XeiwamWrnYN: FM1 f MS'"2 f1aNi48f i f Andn.z.1 PM�766b12 ftiK5 wFMIPS-P 2 T�Xbb mbx°.wv.tl.Mr..M�W bab, tlMAM614_M J Nqw ewxr vbM1 mrm aM1we 1 WmIFtl m � i+i'ari r Xw mau4mYm°.YMn PXX 11, meXp— TW � �..�•'X•� M wpn.m Y!Y br„!rC b by F 4nXWiy atl b..l4XXYLLl1Y Y�wba No.w.trwn Xtl rvYI,MXbYrJW erw _ EWWbYs! M_ xXytlwbNe,'nYtl.MO>1XFMtlw.4w b' bH°4 bwXY bMbXe PdmXmS MNpeXex YnY�w.bQ lm9wmNm __ rON e.w NmM wrw.�am.ay.Y.nav4tlrmm CBMCON, Ltd. 7 �rNrlen4w XXnI nXXI—~ Q rtQ �� Q wbstlm0'es tla# �� Y P•�V YR N IXd.tl M pMitl mill M ®�yr ..vaa.tr.,n n:yiN 14Y.Xw,..,. °w°"bwind n.+4+0..XX.YvplA v.x bqv Yr v. -w tlma w wra 9D.ra nwns0 Yx6n a.`""Y.w`r",r4.m�',r—b "tl'b•eX>< +w.° mX m�� �,v 'wage.mrr° y mx,.a.w.w.XiX..¢ru.�raXbwYX: ���wnw.wenn aa•osm.. °`"` imn.l•aYai:�.,..tl X b �5w�-aw•L.ol Ia.r.a�.41.°. Q.bxo :� rm� "�• n XY m..ml �: 'yam. uen0.aa.. � wm+ww. awwOtlX b.M.bb I rllN5� n,nAlly A� X406.ddbmwm ,- COPYPoPa 0 AAU 7006 3 EbNMYnNWe: InrYn nYn�'xltr�°e YYsrn..la°n -lYnn..,.bb, rsrNw 9nrw 11rm.om,.n6dbY. i ,N.ID7 NN.evr i..6m 0wiw �.W xa! Ylaua 9X900 rs9on tl be+°e°nwroa i i -Nwe4uwNr w1w�wX���•��--� n�is 1Ts N Mmryb TT yw r11eX0n Omnml't11PInnN 9fMai III.nOIr iif W-HIr�rXotlp=M y1.�,�M ��r �eRC1MGxn LL Il.lal�1pl�ew�11V a > Y/R•A NUU2S 6 MYX: 00. .OY� rar m'11 ua. Y ��° lPRG Cn�M M ��ib4� b�x� .. W4M M,FWM neeXw•nciwoe a QX6Xliel Flmhua: �vab M X� XEenlrinn XXtlX 0n. 0°.men Yminn..,aroma'Y wp O4r a O.X camXXO 11x0 M !=.d= AX A+e �amly mounY6mrpy�YN. �.. � mnYai � .X..rw,9a n4ob l..n.... *m.alx:,en9.v '"S.T.w � r.'o•.n.NmX....4a.a a'" oaslm6m"0'lu•oeTs wxn ma n.w.ra r PtlX ,a PoM1wYamYLbb: s Otlw Yah—�'X�Ww N��nbw� aY ° I e oeOmNxmm..kn arw Xma....a no.v ^w�n`°^.�o� e' °• 6' awM: X•.•.Ynr.�w�bnl n «mw,v 1111.ano.Y b�.,tlbNX w.a bn6 i cora xee a�"`.edrrr�wnv�.v: � � ww..xx.a. r r. , a'O.eX.tl 0Yn00eer.1 o.ra m Abr>.xbMn..w wm—...,..n Ytlr—m./mwb —b4Xr•rm,....Y.�e r..m.eY.mu.,..rw I wo.a�„ ++a.rr.mpe.Ywvrlmrm+b 10 op—.rabx aroma R ELECTRICAL SITE SCHEDULES L SE2-5 EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA [REDUCED COPY TO BE ATTACHED] 12oiQui 55214/3 - Anderson .. ............... Mikos Architects ltd. ...... ... ow.rw.N.a.w rm.,, LOT .._........... _._.__.-- rm .mer, wo a 13. 513 5.71 s� i — `S`ill. '�� I rA••MRD 4vwv,rxR. , __ .•� _ RUSH OPLEN - MEDT AL CEN�ER " � �i _f.- :i Rush-Copley I I ., sA: {.. 1 LOT i f l �i1 SIGNAGE AT$UILDING TOWER - WEST t NORTH FACE Healthcare Center r Yorkville,IL 41 y \ ', L".v // / / y`; ,may/ .✓r. ! WROT -I t`,♦ ; / -%•. GARDEN�W�ALL SIGNAGE AMDC '�. Pyt� ,' y� � •no.ow.ve,•na� l I { ';�.'tL ®CENCON.•Ltd. \ J , < l SITE PLAN LEGEND RWParRNilf ® NYN 1006 � rne+bisN w�r T PLAN 41, - -- wt Rsh- opley V, Healthcare Center .«.w 3 ....,,, Q MainEntrance Emergency i 19 ------w-•-n-w--.v- --..,a--.-_----------•'-'--__-i"'--_-_----------._-.------------- - -_ � - __ -_E---'�--F_-�.-•-�—_----ry--�-••-- .oAmbulatory Care _ :-- -----e------- b ib LL•f•-r SITE 51GNAGE :. --------- z ... - — _ n ELEVATION ELEVATION C� ON SITE SIGNAGE WATER FEATURE SIGNAGE AT INTERSECTION PYLON - L ` _ L rN VETERAN'S PARKWAY AND BEECHER ROAD Al-1-2 i EXHIBIT H PRELIMINARY SUBDIVISION PLAT i i 120101/1 55214/3 ` PRELIMINARY PLAT OF SUBDIVISION - - RUSH - CCPLEY HEALTHCARE CENTER � :: raw..�- NITao molnla ►EOd EC T SOS4} a M ne[erAa x w arna a,wrar n uotx[xa r Wer a,Ie oro sena snloa mm-.+ LOCATJ ON pr•.:aNc 2f�j, raumr eerouw+r ss uae•+e emu a Yo xenrAA Vs tlaa Allw w A•eo a I•erlL«,®m I i � rwer+u[e„<car Ixe a Y•xoawr t<.ne rm.m A ran a ac Aonl+en a sr ue a Iu w„[xn Je ra A x.�niJ ! I rwn a waw[Is rwc cawlrrlc mow w ocalm,a Ywm n smm wr eW�o a.e usr uc lu,a rac nrtxu: �;���r � •[.is. �.omm m wwlu ae zewm tssz una IYT.m TA tasT la a T,s rAsr X a Y•Aexwr N:nolo xwnx w ,:�;V.... u rel[a ss saxm.or IWIe sue wa uc,Y.A re[r A+ran ax Yo m[w was a ar ae+,ixa�tll a wam n woo Y Amlm a,[r av aro Auw svn a trot uG nna Im m,w[raxr a mlYc ru x s[a,oL _ ::� ,erretr.mAUL ewxr,.uAna N LOCATION MAP ` AYAaa�e�[.IAa ..® cml�o,r a rwxreL wsl NOTES I�TY,e1a e.Ix 1•q4 wrr a taMAL[mlMen[Wln tic e��1w•a�a r[R+Io 11 w, +�07 F.\, `� LINE LNOENO IX BWLDINc 1 T rim t I I ^ rorl\aW a A,II[nAm auwes %, j y ``\ \�J -Ix•v;INY Irrnew.nl[ 1 ilr y t r I �i ["s'9", ' unm wmn I�� t w:•c 41n�r""e }f 11 I \� w w�- �.a.Iwo a \-'II! I rth I aA',M'I¢fq\41[M t a raAAaq I i f li� -- IuII•LtA cr- a � I I \\ Nrr rua �- r.- J_- �' � l � ) �ilnr Ynrr t1•.rl gw it u LI I •Y a Anlw[Ir I t �.. 1.767.257' S.Fr ,1 1'1 i i r ^T —_____Irr lrlr irwrr Llrrt, / l3f' •� � I ' r• I i i L.w......� ) � 1 1 �' � �' 6 1 i e i wwm Aat I\ I 7 [>•fwre N awrtwt Yru��t+,nYW c\won , 1, / ���' 1 i � s �[�nbl to wsa a V : 1A'' / I It 111 s[r+o -/ 1 9gL LOT OINENN IONS \ AEEAE IEE 11� (M i �9g' APPNOYIYATIONN \ Y/I LL YANY - r,- 1 �7 AT TIrE OF FINAL PLATTING. _ ,; ,-- x I L\ rAmn I iNNANNN .w �I a` `•tyro /f. r1 !I' ` � 1 vruLm wea �-T � Alv. W1f d11LOT [LAWN ID.Al orlea2 A YfrlYtt W b S � '�� f \` I 1 IIarT W[w only emlrx [Awwl War 23.6x3 S.F. I[xeel a ra a Larnl wr nutlet. 0 Aoa In Nloa wa a nmlw R- l uWL n >nE two yn t.41rµiaE ;I a� Art M,I[•wmn ' i i f _.-.po / ..' - --t wax tlam w• r� 1 I I '•}' 111 ..''�� -- �� � ' ------- S OB73'00'W lueloon Asn ,L/ '� ILwlmelayM,rl ; ,l 1 t r fax [IIL,YA]e Yv,Mr J Aro 4mf rr.Aar r r X71 1 I X iy11wMm foR: E Loi N1 i i IYI 1 RUSH-COPLEY HEALTHCARE CENTER 2 20D OGDEN AVENUE 1179 A Ills - AURORA, IL 60504 56,307 i\ (630) 978-4972 CEMCON, Ltd. I I ,>Z!�_----�-= ! L-.t.•,BAxr.Ia,1 s.•wrr k Aw.n —71 Ir gTE DATA Nswq AIn[r [a[LM[m Px�e]e.e6]IW IAC ide.G231M LOT 2 E-Ye4 lasles.mcwmn Ild/Ic,.w.Yltcxmn _ su+r w ou:ur:w e4C Al.t wl].M> f11E IWIG PP�IAT ... IfIIAIx eY: GIIC lla%/PG w:•[Wl iu,owa eYMn uAucn rnIIrILTIox lax[: „ro,-ee AM rxi.naso ,wls:IruLoull Moxas Ilr[trccn I o.v M ® , I>_r/eA I•wa a rn Ata Ina[nm Ia-.e-.. u•w-MP4M e.wln•w d.�.LY..rlxl.,...L EXHBIT J PARKING REQUIREMENTS i EXHIBIT I 120101/I 55214/3 i EXHIBIT"J" PARKING EXHIBIT No. No. No. No. Gross Parking of Land of of of Square Space Parking Use Employees Hospital Physicians Footage Ratio Spaces Beds Required Required Hospital 600 100 460 1 per every 2 300 regular , 115 Active employees on Site at 115 one time 1 per every physician 51 1 per every 2 hospital beds plus 1 Retail 40,000 1 per every 300 S.F. of gross 133 floor area Pool 20 2,250 1 per every 20 Area employee 45 1 per every 50 S.F. of pool area Fitness 147,950 2.5 per every Center excludes 1000 S.F. of 592 ool area gross floor area Daycare 20 1 per every 20 Facility employee Total 1424 i 126610/1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL HELD AT THEY 702 GA LE ARM R SCHOOL GYMNASIUM, DRAFT 702 GAME FARM ROAD ON TUESDAY,OCTOBER 30,2006. Alderman Spears announced that Mayor Prochaska was out of town due to a death in his family and that she was mayor pro temp for the meeting. She called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Wolfer Present Ward III Bock Present Munns Present 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,Finance Director Mika and Public Relations Manager Spies. OUORUM A quorum was established. PUBLIC HEARINGS General Obligation Refunding Bonds(Alternate Revenue Source) Mayor Pro Tem Spears entertained a motion to into public hearing for the purpose of discussing the General Obligation Refunding Bonds(Alternate Revenue Source). So moved by Alderman Leslie,seconded by Alderman Bock Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,Munns-aye,Burd-aye,Spears-aye,Bock-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 Pro Tem Spears entertained a motion to close the public hearing. So moved by Alderman Leslie;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye CITY COUNCIL REQUESTS Discussion of Host Agreement and Landfill Siting Process Alderman Spears entertained a motion to suspend the five minute speaking limit as this is a special meeting. So moved by Alderman Burd. Motion failed due to lack of a second. Alderman Spears introduced the City's solid waste attorney,Derke Price. Attorney Price proceeded to give a presentation as outlined by the attached handout: 4. History • Anthropology and Geology—everyone creates garbage and it needs to be put somewhere safe—not near lakes,rivers or streams. The Fox Moraine property has been considered for over 10 years. ■ County Solid Waste Master Plan(SWMP)—Kendall County amended plan to consider landfills versus transfer stations. ■ Potential Consequences for City-Change caused consideration for United City of Yorkville because the County gave no feeling of certainties that the City's needs would be met. The City chose to annex the property. Preliminaries • Review and update siting ordinance ■ Assemble team of experts The Minutes of the Special Meetine of the City Council—October 30,2006—page 2 ♦ C.Brooke Beal—17 years of solid waste management experience; specializes in plan and operations ♦ Dr.Craig Benson PE-specializes in environmental science and engineering ♦ Steven Schilling,PE—licensed professional engineer specializing in engineering,flood plains,recharge,etc. ♦ Karl Fry,PE,AICP—Traffic Analysis Expert ♦ Engineering Enterprises Inc.(EEI) ♦ City Staff ■ Negotiated Host Agreement—starting point. Article 39.2 of the Illinois Environmental Protection Act which outlines this process has only two sentences about host agreements however it has pages on the siting process. Public input is most valuable during the siting process ■ Prepare for rest of process-getting infrastructure ready at City Hall Host Agreement ■ Intended to set stage for application ■ Only opportunity to discuss benefits outside of direct consideration of evidence ■ Conditions—tailored to evidence with public input Different Approaches ■ Different terms for each project ■ Municipal vs.Regulatory—City took municipal approach and created a process for immediate response to problems. • Comparisons • ■ The misconception is that Yorkville's agreement calls for all obligations to terminate after landfill ceases the acceptance of waste however agreement calls for Groundwater Protection Plan to be effective until Fox Moraine concludes its post- closure care or 30 years after the landfill ceases. Kendall County Agreement calls for Groundwater Protection Plan to ceases with landfills closure.The misconception is that Yorkville's agreement does not address transfer of ownership of landfill gas and gas management system however agreement calls for no transfer of ownership or other interest without prior written approval of the City. Kendall County's Agreement gave the right for the public hearing process before ownership is transferred which is a good idea that can be added to the City's agreement. ■ Kendall County's agreement guarantees a minimum annual payment whereas Yorkville's agreement does not contain this. Minimum payments were not recommended by the experts because this competes with safety. A minimum annual payment could create a motive for shortcuts and creates false expectations. Also, there could be governmental action which could prevent the operator from meeting this guarantee. Instances of this pending are: ♦ SB 1720—will ban all computer monitors from landfills affecting income ♦ Bottle Bill—deposit could be applied to every bottle or can which will divert waste from the landfill and affect income ♦ Municipalities could choose other waste companies which would divert waste. ■ Waste Stream Commitment ♦ Kendall County's minimum commitment could bring waste in from surrounding states ♦ Yorkville's agreement does not address this because no siting application has been received and no service area has been established. ♦ Kendall County's agreement states that Waste Management guarantees the disposal of waste in the amount of at least one million tons of waste upon the commencement of operations. This is not a"per year"figure. With hauling contracts in flux,where will Waste Management get its waste? ♦ Neither Fox Moraine nor Waste Management has identified where waste will come from. ■ Property Values ♦ Kendall County's agreement offers property value guarantees to property owners within 1 mile of landfill. Guarantee begins the day the permit to operate is issued. ♦ Yorkville offers this to property owners within 1000'—timing not distance is the issue. Property protection starts the day the siting application is filed. The Minutes of the Special Meetine of the City Council—October 30,2006—paee 3 ■ Groundwater Protection Agreement ♦ Kendall County agreement's extends protection 1.5 miles—if residents provide a lab analysis and engineering report then potable water will be provided. Property owner must pay for analysis. Provision ends with active operation of landfill ♦ Yorkville's agreement extends 1000'—if residents report problem with well, potable water will be provided within 24 hours;no expense to owner and no questions asked. Landfill operator pays for lab analysis and engineering. This provision continues for 30 years after active operation. ■ Communication ♦ Kendall County's agreement creates a landfill website ♦ Yorkville remains silent—City is waiting to hear from residents as to what they want;website,quarterly meetings,etc. ■ Performance Standards ♦ Yorkville's agreement states that compliance with all of the ordinances,laws, rules and regulations of the City,State and United States of America apply. Catchall clause indicating that all laws apply. ♦ Kendall County took different approach and incorporated specific standards. If a provision is not on list,then no damages can be paid out. Also,there is no provision for new standards. ■ Stipulated Damages and Enforcement ♦ Yorkville is silent because it focuses on self-help powers. This allows for more immediate action to be taken. Fox Moraine indemnifies the City from costs;there is an escrow account that gets replenished. Allows for arbitration which is faster,has expertise built in and is enforceable. ♦ Kendall County's agreement places the emphasis on litigation.Lawsuits can be pursued if after ninety days nothing has changed regarding complaint. Can be a long,drawn out process. ■ Financial Assurance ♦ Kendall County's agreement excludes forms of financial assurance. ♦ Yorkville's agreement allows this to be tailored to applicant. ■ Cost of Reimbursement ♦ Yorkville does not want this because it trades objectivity for dollars and it is not the best practice ♦ Kendall County's agreement calls for yearly reimbursement payment. ■ Disposal Guarantee ♦ Yorkville's agreement has a guarantee for waste generated in the City and is expandable upon receiving the application. ♦ Kendall County's agreement has a guarantee for the entire County. ■ Future Use ♦ Yorkville's agreement requires that an end use plan be presented in the siting application. Deciding on this before receiving an application is premature. ♦ Kendall County's agreement may assign its rights under the lease to a third- party or enter into a sublease. ■ Private Review ♦ Kendall County already locked in a traffic plan which may need to be amended after the siting. ♦ Yorkville expressed concerned that a private review of a draft application casts a shadow over the entire siting process. Attorney Price went over the siting timeline and then opened the floor for questions. Alderman Burd noted that the reason that she,along with Aldermen Munns and Spears,requested this meeting was so that everyone could hear how Attorney Price negotiated the Host Agreement. Alderman Burd asked him to elaborate on the following issues: o Why did Yorkville's agreement require prior notification of inspections while the County's does not. Attorney Price explained that the City has the right to inspect the landfill at any time. Prior notification is for safety issues and a representative of the landfill needs to be present during the inspection. o The City's agreement states all reasonable efforts to avoid debris would be taken while the County's states they shall not have debris.She asked why this was not addressed up front. Attorney Price explained that it can't be expected that there will be staff walking the perimeter of the landfill cleaning up. How many staff members will be needed for this? There are too many unknowns at this point in time. The Minutes of the Special Meetin¢of the City Council—October 30,2006—page 4 o How will the City Council handle the process;will they all be judges? Attorney Price explained that the City Council is the hearing judges and that a quorum of the City Council will be needed at the public hearing. Anyone missing a meeting will need to read the information presented to keep updated. Alderman Burd thanked Attorney Price for his efforts and for the information he provided. Alderman Munns had the following comments and questions: o He noted that it was mentioned that people will be needed for clean-up and enforcement. He asked if the City would have to hire employees to do this. Attorney Price stated that this could either be handled in-house or contracted out. Fox Moraine will be responsible for the cost. o He asked what would happen if the City Council does not take action after the 180 days. Attorney Price stated that the application would be"deemed"approved however if residents don't like the Council's decision,they can appeal. Alderman Spears had the following comments and questions: o Conditions-She stated that there are many conditions that cannot be in the siting agreement and recommended that this be addressed in the Host Agreement. Attorney Price asked Alderman Spears what specific conditions cannot be included in the siting agreement however she did not have this information with her. Attorney Price explained that there are nine criteria that need to be met and conditions can be tailored to the evidence. She asked what conditions have not been allowed in other siting agreements. Attorney Price stated that he was not aware of any particular conditions that were disallowed however conditions can be challenged(i.e.how fees can be allocated,who benefits from fees,etc). Steve Schilling stated that he has reviewed siting conditions imposed on other landfills and a number of them allow fees to be imposed for inspections,etc. He also was not aware of any conditions that were not allowed. o Total hold harmless-She stated that she felt it would be in the best interest of the City to have a"total hold harmless"clause in the Host Agreement. Attorney Price pointed out that paragraph 17 of the Host Agreement addresses this with a"total indemnity clause" which holds the City harmless. o Retaining counsel-She asked if there was anything in the agreement that states that the city has the right to retain counsel of its own choice at Fox Moraine's expense. Attorney Price explained the indemnity clause states that Fox Moraine is responsible for any costs incurred such as attorney's fees. o Guarantee of payment—she noted that the County's was unconditional. She commented that she thought it would be better for the City to have a guaranteed revenue source. Attorney Price explained that if the City Council feels this is necessary,it can be put into the siting agreement. o Arbitration-she commented that a jury and judge who were local would be to the benefit of the City. Attorney Price noted that Kendall County court system is short staffed and this would not be the way to get the quickest results. o Groundwater Protection—she suggested that the City increase the scope of the area to 1.5 miles. Attorney Price indicated that this could be addressed as a siting condition. o Communication—she commented that she felt the City should communicate openly with the public. Attorney Price indicated that there is an additional meetings scheduled to explain the siting process. o Hauler—she noted that the Host Agreement does not identify a hauler. Attorney Price explained that the hauler will be identified in the siting application. The City's team wouldn't recommend any untrained haulers. If this information is included in the Host Agreement,the City is prematurely committed to something. o What is the term for the public person who sits in at the public hearing and asks questions? Attorney Price replied that the term was"participant"and anyone can be a participant. He explained that questions will be written down so that the same question is only asked once. The hearing officer will moderate the questions. Participants can be attorneys,residents,etc. Alderman Spears suggested to the City Council that conditions be put into the Host Agreement now rather than wait for the siting application. Alderman Leslie had the following questions: o What type of vote is needed for final acceptance and is the mayor involved in the vote? Attorney Price explained that a simple majority is needed and the mayor can vote. o What is the service area of the landfill,tonnage limits and what prohibits waste from other areas? Attorney Price explained that limitations can be addressed in the siting agreement because they depend on needs. In regards to the service area,if a need is sited to include outside areas the City Council can see if the need doesn't meet requirements. The Minutes of the Special Meeting of the City Council—October 30,2006—page 5 o If the hauling of waste is limited to Kendall County would this be a"deal breaker"? Attorney Price explained that the City Council needs to determine if the area defined is unreasonable based on expert testimony. Alderman Wolfer had the following questions: o How are conditions set? Attorney Price stated that conditions needed to be determined before the final vote. The hearing officer will take the evidence presented and then make a recommendation to the City Council so that things can be tailored before the vote. o Do conditions needed to be backed up by evidence. Attorney Price explained that conditions are set based on evidence. Alderman Munns asked for clarification on the vote needed to approve the landfill. Attorney Price reiterated that,based on state statute,a simple majority vote is needed. Alderman Spears opened the floor for public comment. Ron Parrish,Kendall County resident,complimented Attorney Price on a good presentation. He asked if the experts present knew how many landfills with plastic liners have failed and leaked. Mr.Schilling stated that if a landfill is properly constructed with a plastic liner it should not leak. Mr.Parrish indicated that he researched this and 82%-of landfills leak. He also stated that money is the main reason the City is getting involved in a landfill. He asked how problems with the landfill will be handled and Attorney Price explained that residents can come to City Hall with their complaints and the City will take action or residents can hire a lawyer if they choose. Mr. Parrish asked how large the landfill will be and Attorney Price stated this is unknown until the siting application is received. Rich Guerard from Windham Deerpoint Homes stated that they had several hundred acres of land near the landfill. He expressed his concern that paragraph 15 of the annexation agreement for this property states that the City agrees to cooperate and provide all assistance requested by the owner in obtaining approval,permits,etc.to develop the property. Later in the same paragraph it states that the development of the property will be a landfill. Mr.Guerard asked how the City could be impartial to the landfill with statements like this in the annexation agreement. Attorney Price noted that the annexation agreement was a separate act from the approval of a landfill. Bob Kalizinski asked if the environmental expert was present and Attorney Price explained that Dr.Craig Benson was not able to attend tonight. Mr.Kalizinski asked if the experts present knew the types of bases are used for landfills and those present did not know. Mr.Kalisinski had the following comments: o The State of Illinois is the#2 importer of waste in the Untied States. o There are three types of bases and according to the USGS 100%of landfills leak over time. o The Host Agreement has too many"outs" He asked what a"LLC"was and Attorney Price explained that it means"limited liability corporation"and this is a type of corporation where the members are not personally liable for anything except acts of fraud. Mr.Kalizinski asked that if the LLC goes bankrupt would it be able to reopen under a different name somewhere else. Attorney Price stated that if Fox Moraine, as the owner of the property,goes bankrupt their land is an asset. He noted that the operator has yet to be identified. Mr.Kaainski noted that if a base deteriorates and contamination reaches an aquifer it could cost millions of dollars to clean up. He noted that the landfill in Lowell,Indiana is having problems and he stated he had information about the landfill if anyone on the Council was interested. He sited facts and figures about health problems that could be caused by a landfill. He asked Attorney Price if the City would be held responsible in a civil suit. Attorney Price stated that if the City finds the land meets the criteria for a landfill they are not accountable. Alderman Munns noted that there was a time limit of five minutes for comments and that Mr. Kalizinski had reached his time limit. Harlan Plocher asked the attorneys if they had ever heard of John Frost. None of the panel knew the name. Tom Gilmore,Kendall County resident,noted that the County residents will be impacted by the landfill the most and there is no one representing them. He noted that there has been concern for Morris because of trucks coming off of Route 80 and he asked if anyone was concerned with Newark and Millbrook who are close to the landfill site. Attorney Price noted that as the Host Agreement was not the source for public input this information will be solicited at the public hearing for the siting process. Mr.Gilmore noted that the County has a mechanism in placed to site a landfill and that the City has made an agreement in violation of the Kendall County The Minutes of the Special Meeting of the City Council—October 30,2006—nage 6 ordinance. Attorney Price stated he was not 100%certain that the landfill would be sited on this property. The applicant also has to meet the criteria of Kendall County's plan. Alderman Leslie asked how close the approval of the siting application will come to the upcoming election. It was discussed that the approval will come near the end of April 2007 or sooner depending on evidence. Attorney Michael Blazer,counsel for Kendall County,stated that he felt that incomplete information has been given.He explained that there is a lengthy list for siting conditions for various applications and that several conditions have been found to be inappropriate. He sited case law and a list of conditions found to be improper. He also stated that all siting conditions related to an application can be appealed. He also commented that the mayor of Bellwood has expressed great satisfaction with Hillside's approach to their landfill and that is why they are not taking further action. Alderman Munns called point of order;Mr.Blazer's five minutes had elapsed. Alderman Spears stated that Mr.Blazer should be allowed to continue and Aldermen Munns and Burd pointed out that wasn't fair to all the other previous speakers. George Gilson stated that he has attended all the City meetings and been watching the process. He clarified that the siting conditions would be judged by the City Council and the application approved by a simple majority vote. He commented that he wasn't secure with the City Council making this decision because it hasn't answered all the questions. He did not feel secure they will listen to the residents comments. Attorney Price stated that all feedback will be taken seriously. He explained there are checks and balances and if the residents don't like the Council's decision they can appeal. Mr.Gilson noted that most of the people present at this meeting don't have the funds to appeal so they are relying on the City Council to listen to them. He noted that parking ban surveys were sent out but there wasn't any citizen input on the annexation or the landfill. Jim Boe,Yorkville resident,stated that he understood that the County has a site in mind for a landfill so why was one being considered for Yorkville. Attorney Price expalined that landfills are based on science because a site is needed with the right amount of clay. This site has been explored since 1993. Mr.Bo3 questioned why a landfill was needed in Kendall County and if it is needed why is it so close to the Yorkville. Attorney Price stated the facility needs to be able to accommodate the waste in the area and a site needs to be geologically sound. Fred DuSell noted that the Host Agreement doesn't address the construction design as to grading and elevations. Attorney Price explained that the construction design would depend on the siting application and that Kendall County has adopted standards for the construction. Mr.DuSell also had questions about the conveyance of the product;would it be exclusive of rail car. Attorney Price explained that there is not railroad tracks to the possible landfill site however the use of railcar is a possibility as long as the waste is containerized. Joann Gilbert asked if the landfill would accept hazardous or solid waste. Attorney Price explained that this would be determined by the siting application. Mr.Schilling noted that in the information he has seen on the design of the facility he would be surprised to see hazardous waste as a criteria. Alderman Burd noted that#7 in the Host Agreement states that Fox Moraine shall not knowingly accept any hazardous waste. Mrs.Gilbert clarified that the property owner files the siting application but he might not necessarily be the operator. Attorney Price stated that this was true. She asked if the property owner's business ethics have been researched. Attorney Price stated that this has been done. Mrs.Gilbert noted that Mr.Hammond has a landfill outside of Plainfield and it is spewing methane gas. Attorney Price noted that if Mr.Hammond is going to be the same operator,this is the type of information to be brought forward at the siting public hearing. Todd Milliron,County resident,stated he objected to the five minute rule because it appears as an opportunity for the City Council to limit the debate. He asked what the qualifications were to be an operator,how one went about getting a license and how long does this process take. Attorney Price explained that several things are looked at in the licensing process such as past record, training,certifications,etc. Mr.Schilling added that there are tests involved,IEPA training, training from other professional agencies,etc. Mr.Milliron asked Attorney Price's opinion as to which one of the Host Agreements,Kendall County's or Yorkville's was more financial favorable to the applicant. Attorney Price asked if this was assuming that they are both recalcitrant and problematic. He stated that the Yorkville agreement asks the operator to pay upfront and as soon as possible. If there is a recalcitrant fight,Yorkville's agreement is a better deal for the City. Wally Werderich,786 Sunflower Court,noted that the Host Agreement is between the City and Fox Moraine however the annexation agreement is between the City and Northstar Trust. He The Minutes of the Special Meetine of the City Council—October 30,2006—paee 7 asked who the beneficiary's of the trust are and who the share holders of Fox Moraine LLC are. Attorney Price stated that he did not know the answer to either question. Randy Scott of 45 Highview Drive congratulated Aldermen Spears and Burd on the meeting. He stated that he lost his rights by being a Kendall County resident. He asked everyone,especially the City Council,to do their homework well and investigate every angle of landfills before making a decision. Deena Schroeder,18 Cotswold Drive,asked if there was a law which wouldn't allow the landfill within city limits. Attorney Price stated that Kendall County passed an amendment in May 2006 indicating that landfills had to be in an unincorporated area. He stated that one of the criteria in the siting process is that it will be consistent with the Solid Waste Master Plan and it is up to the applicant to prove this. Jerry Deeter,County resident,commented that the land annexed for the landfill seems like a peninsula in the County. He asked if Kendall County residents will have a say in the siting process hearings. Attorney Price stated that where someone lives in immaterial at the public hearings and he briefly explained the process again. Mr.Deeter asked if 180 days was sufficient time to go though the process and Attorney Price stated that it was. Mr.Deeter questioned the limit of 1000'in regards to property values. Attorney Price explained that the Host Agreement is a starting point and this distance can be amended. Alderman Spears commented that she felt that the vacation of Sleepy Hollow Road should not have been in the Annexation Agreement. Having this include in the agreement caused the Council to prejudge the property as a landfill. She stated that this should have been a separate issue. She asked Attorney Price what his opinion was on this issue. Attorney Price stated that he respected her perspective on the issue and it was lawful to include the vacation in the agreement. Jenny Lunn,Yorkville resident,asked if traffic was addressed as it takes her 27 minutes to go from the Countryside area to Yorkville Intermediate School in the morning. Attorney Price explained that this is a concern and a traffic study has been requested. Mrs.Lunn asked if anyone could dump in the landfill as long as the fee is paid. Attorney Price explained that there will he a plan for waste acceptance which will check on how things come in to the landfill. She commented that she felt there was a much better use for this land and she suggested the gravel pits in Oswego would be a better location for a laridfill. Chris Baldwin,1520 Foxcroft Drive,commended Alderman Spears for wanting the public to have more than five minutes to speak and he felt those who did not agree with this should be ashamed. He asked Attorney Price who is paying for the experts he has employed. Attorney Price stated that the City is paying for their services until an application is received. He noted that since all the experts are being paid,they should have attended the meeting. Attorney Price stated that this was not the forum for discussions with the experts because no application has been received yet. Mr.Baldwin asked if$10,000.00 would be enough to cover the cost incurred and he asked if it was fair for the Mayor,City Administrator and Director of Public Works to be the judge and jury on problems. Attorney Price explained he thought the people designated for the review team was great and that the$10,000.00 is enough to pay for daily complaints. He stated that he has seen the escrow work well in other instances. Mr.Baldwin asked if the new City Council would have to vote on the application if it occurred after the elections and Mr.Price stated that this was correct. Lori Patten,279 Windham Circle,asked where the City's water came from. Director of Public Works Dhuse explained that the City has a deep well system and the water comes from an aquifer that begins in Wisconsin. He stated that the City has four wells and is looking to drill a fifth. Ms. Patten asked where the wells were in relation to the annexed property. Director Dhuse explained that the closest well will be on Pavilion Road. She stated that she has been doing research on the internet regarding hazardous wastes and she asked how this would be monitored. Attorney Price explained that there will be both a monitoring and handling program which should be outlined in the siting application. She asked if this would be a private or public landfill.She explained that her research indicated that a public landfill is easier to control whereas a private landfill is predicated on making money. Attorney Price stated that given her definitions,this landfill is neither. Ms.Patten noted that in Indiana where a landfill contaminated the water,potable water was brought in but unfortunately the contamination remained in the ground. Ms.Patten asked for clarification on railroad transport in containers. Attorney Price reiterated the waste would have to be enclosed in a solid container,not one with a canvas top. Alderman Spears noted that there was another meeting scheduled and asked Attorney Price for more information. Attorney Price stated that the next meeting would be on the siting process.He indicated that no date had been set yet. Alderman Spears asked those present to register their The Minutes of the Saecial Meetine of the City Council—October 30,2006—aaee 8 attendance especially if they wish notification of upcoming meetings. She asked Attorney Price to have Dr.Benson in attendance at the next meeting and he said he would do this. ADJOURNMENT Alderman Spears asked if there was a motion to adjourn. So moved by Alderman Burd;seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 10:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois SPECIAL 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 October 30, 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-807506 DEFO ® 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 MS . ROSE ANN SPEARS , Acting Chairman; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 7 MR . MARTY MUNNS , Alderman; 8 MR. JOSEPH BESCO, Alderman; 9 MR. JAMES BOCK, Alderman; 10 MR. JOHN CROIS , City Administrator; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 A P P E A R A N C E S : 14 MR. JOHN JUSTIN WYETH, appeared on behalf of the United 15 City of Yorkville , Illinois . 16 17 - - - - - 18 19 20 21 22 23 24 Depo Court Reporting Service(630) 983-0030 3 1 ( Pledge of Allegiance) 2 CHAIRMAN SPEARS : The first item 3 will be a public hearing, and I would like to 4 entertain a motion for a public hearing regarding 5 General Obligation Refunding Bonds Alternate 6 Revenue Source . 7 MR. LESLIE : So moved. 8 MR. BOCK : Second. 9 CHAIRMAN SPEARS : Okay . And we are 10 now in public hearing . I ' m sorry, may we have a 11 roll call vote? 12 MS . MILSCHEWSKI : Besco . 13 MR . BESCO : Aye . 14 MS . MILSCHEWSKI : Leslie . 15 MR. LESLIE : Aye . 16 MS . MILSCHEWSKI : Wolfer . 17 MR. WOLFER : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : Burd . 21 MS . SURD : Aye . 22 MS . MILSCHEWSKI : Spears . 23 MS . SPEARS : Aye . 24 MS . MILSCHEWSKI : Bock. Depo Court Reporting Service (630) 983-0030 4 1 MR. BOCK: Aye . 2 CHAIRMAN SPEARS : Okay . Now we are 3 in public hearing, and I ' d like to know if 4 anybody would like to address the Council . Okay. 5 We also have Kevin McCanna from Spear Financial . 6 WHEREUPON : 7 KEVIN McCANNA, 8 testified before the Yorkville City Council as 9 follows : 10 MR. McCANNA: Good evening . I think 11 you are aware that these bonds are being 12 authorized. 13 CHAIRMAN SPEARS : These bonds are 14 being authorized to refund debt certificates and 15 the idea is to issue up to six million dollars of 16 alternate revenue bonds to refund the comparable 17 amount of debt certificates . 18 It appears that we ' ll probably 19 issue about three million dollars of bonds to 20 refund about three million dollars of debt 21 certificates . The savings is expected to be 22 approximately $100 , 000 on the alternate bonds . 23 In addition, there will be some 24 debt certificates sold at the same time, about Depo Court Reporting Service (630) 983-0030 5 1 five million dollars , which will save about 2 another $250, 000 . 3 Does anybody on the Council 4 have any questions? 5 (No Response) 6 CHAIRMAN SPEARS : Okay . I would 7 like to entertain a motion to go out of public 8 hearing . 9 MR. LESLIE : So moved . 10 MR. WOLFER: Second. 11 CHAIRMAN SPEARS : Roll call, please? 12 MS . MILSCHEWSKI : Leslie . 13 MR . LESLIE : Aye . 14 MS . MILSCHEWSKI : Wolfer . 15 MR. WOLFER: Aye . 16 MS . MILSCHEWSKI : Munns . 17 MR . MUNNS : Aye . 18 MS . MILSCHEWSKI : Burd . 19 MS . BURD: Aye . 20 MS . MILSCHEWSKI : Spears . 21 MS . SPEARS : Aye . 22 MS . MILSCHEWSKI : Bock . 23 MR. BOCK: Aye . 24 MS . MILSCHEWSKI : Besco . Depo Court Reporting Service (630) 983-0030 6 1 MR . BESCO : Aye . 2 (Which were all the 3 proceedings had in 4 the public hearing . ) 5 ---000--- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 7 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��d this _ ?day of 164yv 2006 . 17 18 20 — CHRISTINE M. VITOSH, C . S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 $100,000 4:22, 4:22 five 5:1 $250,000 5:2, 5:2 follows 4:9 < M > ---oOo--- 6:5 < C > foregoing 7:11, 7:12 M. 1:8, 7:6, 7:23 084-002883 7:24 C.S.R. 1:8, 7:23 MARTY 2:7 2006. 7:18 call 3:11, 5:11 matter 1:7 7:00 1:9, 1:9 certificates 4:14, < G > Mccanna 4:5, 4:7, 800 1:9 4:17, 4:21, 4:24 Game 1:9 4:10 Certified 7:7 General 3:5 MEETING 1:1, 1:6 CHAIRMAN 2:2, 3:2, million 4:15, 4:19, <A> 3:9, 4:2, 4:13, 5:6, 4:20, 5:1 above-entitled 1:7 5:11 < H > MILSCHEWSKI 2:11, Acting 2:2 CHRISTINE 1:8, 7:6, hand 7:17 3:12, 3:14, 3:16, addition 4:23 7:23 hearing 3:3, 3:4, 3:18, 3:20, 3:22, address 4:4 City 1:1, 1:2, 1:10, 3:10, 4:3, 5:8, 7:11, 3:24, 5:12, 5:14, Administrator 2:10 2:10, 2:11, 2:16, 4:8 7:15 5:16, 5:18, 5:20, aforesaid 7:14 Clerk 2:11 hearing. 6:4 5:22, 5:24 Alderman 2:3, 2:4, comparable 4:16 hereunto 7:16 motion 3:4, 5:7 2:6, 2:7, 2:8, 2:9 contains 7:14 hour 1:9 moved 3:7, 5:9 Alderwoman 2:5 correct 7:13 MS 2:2, 2:5, 2:11, Allegiance 3:1 Council 1:1, 4:4, 4:8, 3:12, 3:14, 3:16, Alternate 3:5, 4:16, 5:3 < I > 3:18, 3:20, 3:21, 4:22 COUNTY 7:3 idea 4:15 3:22, 3:23, 3:24, amount 4:17 CROIS 2:10 Illinois 1:2, 1:10, 5:12, 5:14, 5:16, ANN 2:2 CSR 7:24 2:16, 7:1, 7:9 5:18, 5:19, 5:20, anybody 4:4, 5:3 issue 4:15, 4:19 5:21, 5:22, 5:24 appeared 2:15 item 3:2 MUNNS 2:7, 3:18, appears 4:18 < D > 3:19, 5:16, 5:17 approximately 4:22 D-807506 1:24 authorized 4:12, day 7:17 < J > 4:14 DEAN 2:6 JACQUELYN 2:11 < N > aware 4:11 debt 4:14, 4:17, JAMES 2:3, 2:9 No. 7:24 Aye 3:13, 3:15, 3:17, 4:20, 4:24 JASON 2:4 notes 7:13 3:19, 3:21, 3:23, 4:1, doing 7:8 JOHN 2:10, 2:14 5:13, 5:15, 5:17, dollars 4:15, 4:19, JOSEPH 2:8 5:19, 5:21, 5:23, 6:1 4:20, 5:1 JUSTIN 2:14 < O > duly 7:6 oath 7:7 Obligation 3:5 < B > < K > Okay 3:9, 4:2, 4:4, behalf 2:15 < E > KEVIN 4:5, 4:7 5:6 BESCO 2:8, 3:12, entertain 3:4, 5:7 3:13, 5:24, 6:1 evening 4:10 BOCK 2:9, 3:8, 3:24, expected 4:21 < L> < P > 4:1, 5:22, 5:23 LASALLE 7:3 P.M. 1:9 Bonds 3:5, 4:11, LESLIE 2:4, 3:7, PAUL 2:3 4:13, 4:16, 4:19, 4:22 < F> 3:14, 3:15, 5:9, 5:12, please 5:11 BURD 2:5, 3:20, Farm 1:9 5:13 Pledge 3:1 3:21, 5:18, 5:19 Financial 4:5 License 7:24 probably 4:18 business 7:8 first 3:2, 7:6 PROCEEDINGS 1:6, 6:3, 7:11, 7:15 < T > public 3:3, 3:4, 3:10, testified 4:8 4:3, 5:7, 6:4, 7:11, three 4:19, 4:20 7:15 transcript 7:13 true 7:12 < Q > questions 5:4 < U > United 1:2, 2:15 < R > refund 4:14, 4:16, < V > 4:20 VALERIE 2:5 Refunding 3:5 VITOSH 1:8, 7:6, regarding 3:4 7:23 REPORT 1:6 vote 3:11 reported 7:10 Reporter 7:8 Response 5:5 < W > Revenue 3:6, 4:16 WHEREOF 7:16 Road 1:9 WHEREUPON 4:6 Roll 3:11, 5:11 will 3:3, 4:23, 5:1 ROSE 2:2 WITNESS 7:16 WOLFER 2:6, 3:16, 3:17, 5:10, 5:14, 5:15 < S > WYETH 2:14 save 5:1 savings 4:21 says 7:7 < Y > Second 3:8, 5:10 Yorkville 1:2, 1:10, set 7:16 2:16, 4:8 Shorthand 7:8, 7:10, 7:13 six 4:15 < Dates > sold 4:24 october 30, 2006 sorry 3:10 1:8, 1:8, 1:8 Source 3:6 Spear 4:5 SPEARS 2:2, 3:2, 3:9, 3:22, 3:23, 4:2, 4:13, 5:6, 5:11, 5:20, 5:21 SPECIAL 1:1 ss 7:2 State 7:1, 7:8 sworn 7:7 Page 1 of 5 DRAFT COMMITTEE OF THE WHOLE Tuesday,September 5,2006 7:00 P.M. City Conference Room Present Mayor, Art Prochaska Jeremy Shaw,Zanch Coen&Wright Alderman, Dean Wolfer Judith Casey Alderman,Marty Munns Judith Vant Alderwoman Rose Spears William Woodward,KLOA Alderman Jim Bock Lynn Dubajic,YEDC Alderman Jason Leslie Jason Poppen,LAS City Attorney,John Wyeth Harold Oliver, HRM City Administrator,John Crois Phil Stuepfert, SEC Planning Public Works Director, Eric Dhuse Scott Mai, SEC Police Chief, Harold Martin Kathy Farren. Record Finance Director, Susan Mika E. Danforth Treasurer, Bill Powell Nancy Danforth Bart Olson Kyle Price Denise Kasper Michael Hughes,Pride Petrol David Mogle Mary Ann Kawczynski Peter Raphael Sam Pulske Don Bailey Eddie Robbins Lisa Lyon Donna Sperlakis The meeting was called to order at 7:04 pm by Mayor Art Prochaska. Public Hearing None. Presentations: 1. Kendall Marketplace Economic Incentives- This is a 200 acre development on the comer of Cannonball Trail and Veteran's Parkway. There will be 832,057 square feet of retail space and restaurants and 192 residential units. The developers are planning to utilize a financial incentive package to help with the $135 million it will cost for the project. They would like to take a 0.5% sales tax rebate on the 53 million in sales tax the retail will generate over the next 20 years. They are also proposing an additional 0.5%Business District Tax on just the retail portion of this project. These will be Sales Tax Revenue Bonds that do not affect the bonding or credit limit of the city. This additional tax will generate$24 million over the next 20 years. There will also be a SSA on the retail portion of the project which will work out to roughly$0.50 per square foot. There is$33 million in on site and off site costs. The final maturity of the bonds is scheduled for 20 years, but can be paid off early. Once all the costs are paid, the extra taxes either disappear or revert back to the city. Lisa Lyon explained Ehler's role in this process. They will be helping with the documents to put the Business District in place,providing the city with information to determine whether the area qualifies for the Business District,and evaluating the feasibility of the revenue stream. Page 2 of 5 Art Prochaska said part of this development will be improving the State Highway, and a conceptual idea would be for the State to rebate some of the State Sales Tax for the improvement of the State Highway. This proposal is being worked on and will be sent to the State hopefully in the next few weeks. Administration Committee: 11. ADM 2006-59 Kendall Marketplace Resolution Declaring Official Intent for Special Service Area Bonds—The clerk will fill in the SSA number 2006-_ The issuance of the bonds will not exceed$20,000,000. The Bond fees will be paid out of the revenue stream,not out of the city's funds. This will move on to City Council on Consent Agenda. 12. ADM 2006-60 Kendall Marketplace Resolution Declaring Official Intent for Sales Tax Revenue Bonds—The Bonds for the project will not exceed $20,000,000. This will move on to City Council on Consent Agenda. 13. ADM 2006-61 Kendall Marketplace SSA Proposing Ordinance—There will have to be a public hearing for this. A legal description must accompany this document. The bonds will be retired over a period not to exceed twenty years rather than forty. This will move on to City Council on Consent Agenda. 14. ADM 2006-62 Ehlers and Associates,Inc. Scope of Service for Kendall Marketplace Financing—These are services for setting up the Business District and the supporting report for the Sales Tax revenue. This will move on to City Council on Consent Agenda. Public Safety Committee: 1. PS 2006-35 Police Reports for July—August 2006—There was a memo from Chief Martin to"rent" space through a partnership from the Fire department for a satellite police location to meet with residents. These reports will move on to City Council on Consent Agenda. 2. PS 2006-36 Educational Stipend—These 6 Officers were approved for the Reimbursement Policy. They will receive a 2%pay increase. Other departments will be looked at to see if there are any other employees who were approved for this increase. Barry Groesch and Andrew Jones are off the list. Andrew is already receiving his 2% stipend There is a policy that had been added that if the employee left the city within a certain amount of time they would have to reimburse the city a pro-rated amount. There was only one employee who has left the city that was approved for tuition reimbursement. They did not owe the city any money. This will move on to City Council in Resolution form on Consent Agenda. 3. PS 2006-37 Purchase of Neighborhood Watch Block Party Equipment W/ Drug Fund Money—This availability of this will be announced in the City Newsletter. It will be used on a first come, first served basis. If there are a lot of requests for this equipment,the City can get another unit. The goal is to increase Neighborhood watch participation. There was a consensus to approve the purchase. This is now off Agenda. Page 3 of 5 4. PS 2006-17 Smoldng Ban Discussion—Donna Sperlakis presented the dangers of secondhand smoke and talked about the rights of people. Ventilation does not effectively clear the air. This could be a smoking ban from any business or enclosed public place. Alderman Munns asked about enforcement. Alderman Bock said this should work itself out economically if the non-smokers did not go to smoking establishments. An idea of economic incentives for smoke free environments was brought up. It was thought there was no need for that. There was a question about bars because there are no children. The percent of sales would determine whether is would be considered a bar or restaurant. This would be self enforced by the establishment. There was a question of fines for non- compliance. The businesses and residents in town could be surveyed in the newsletter. They could return they survey if they have an opinion. Mayor Prochaska recommended a draft of a survey be put on the city website and a response card could be put in the newsletter. 5. PS 2006-38 Revised Closing Hours for Liquor License to Match County—This would extend the weeknight hours until 1:00 am on weeknights to match Kendall County's hours. The revised ordinance will move on to City Council on Consent Agenda. Administration Committee: 1. Administration Minutes—July 6,2006—The minutes were approved. 2. ADM 2006-53 Monthly Budget Report for July 2006—There were no comments. 3. ADM 2006-54 Monthly Treasurer's Report for July 2006—This will move on to City Council on Consent Agenda. 4. ADM 2006-55 Cellular Telephone Policy—There were printouts of the cell phone usages for the employees in the city. There was one individual using 800— 900 minutes a month, and making calls during the day to Tennessee while this person was off work on disability. Department Heads are supposed to monitor their department's cell phone usage. For misuse of the phone,the employee will be disciplined as outlined in the employee handbook. There was discussion about what amount of personal use would be allowed on the city phones. The Mayor and chief of Police use 600—800 minutes per month. There was some discussion about what the normal cell phone usage was. There was discussion about Police needing the cell phones because the radio traffic is so high. There was some question about why some people have camera phones. There was a question of why there are so many replacement phones. There was discussion about the city phone with the city phone number staying with the city if the employee leaves. A policy will be generated on how many hours each position should get. This will come back to COW. 5. ADM 2006-56 Sprint Corporation Cellular Phone Contract-The city is paying $3400 - $3800 per month right now for the phones. The new contract proposal with Sprint for the Nextel phones will cost$2200 -$2300 per month. The direct connect feature is free. This will be tabled for now. Page 4 of 5 6. ADM 2006-42 Hiring Policy(non department heads)—There was discussion about posting jobs internally before externally, and it was thought it should be posted internally and externally at the same time. In Section 2.1.1 the deleted section about the dishonorable discharge should remain in the text unless it is a Federal Law for it to be removed. This will move on to City Council. 7. ADM 2005-24 City Administrator Recruitment and Hiring Policy—Victoria McGrath will hold her earlier contract price. The process will begin in March and the posting will be for 30 days in April. This will come back in February for an update. 8. ADM 2006-57 Land Cash Value Update—The Land-Cash valuation report found the new land-cash value at$101,000. The previous land-cash value was$80,000. There was a question about if the$1600 appraisal fee was in the budget. This will move on to City Council on Consent Agenda. 9. ADM 2006-58 Civil Engineer—Proposed Position and Draft Job Description— A Project Manager has been budgeted for 6 months of this year. An entry level civil engineer was forecasted for 2 years down the road,but is needed now because of the volume of work to do. #16 under requirements,the minimum weight should be raised to 40 or 50 pounds. Under Experience and Education, or related field should be removed. There was some discussion that more experience will cost more money. The salary range will be $45,000 - $57,000. This will move on to City Council on Consent Agenda. 10. ADM 2006-52 Strategic Planning—A facilitator will need to be brought in to develop a vision statement. This is not budgeted. Larry Maholland would help the city with a long range vision with goals. The sessions could run concurrently with the city's annual goal setting. Larry Maholland will be asked to come in October to provide more information and a contract. Detail Board Report Bill list): On page 5 the chairs for chamber refers to the new plastic chairs for the Council Chambers. There was discussion that there should be more detail when listing supplies in various departments. The different items under NICOR are for buildings owned by the city. The payment to TRILAND for final demolition comes out of the TIF fund. On page 36 the psychological testing was the polygraph tests for the police department. The Bill List will move on to City Council for consideration. Park Board: 1. Update on Old Post Office Building—This is just an FYI. The Recreation Department will be occupying the Old Post Office building,and the Building Department inspection personnel will occupy the River&ont Building. There will be some renovation needed for the old Post Office, and the Riverfront Building will require little to no renovations. Human Resource Commission 1. Guidelines for Outstanding Volunteer Award—The human Resource Commission has done a good job on this. This will move on to City Council. Page 5 of 5 Mayor: 1. Coffee with the Mayor: September 91h at American Family Insurance, 110 E. Countryside Parkway, Suite A from 9:00 am until 11:00 am. 2. COW 2006-06 IDOT Highway Permit and Resolution—Temporary Construction Entrance for Kendall Marketplace—This will move on to City Council on Consent Agenda. 3. COW 2006-07 Raymond Storm Sewer Outfall—Bid Results-Wheaton Trenching was the low bidder in the amount of$949,800.25. This will move on to City Council on Consent Agenda subject to the availability of funds. City Council Requests 1. Discuss Committee Liaisons-The Heads of the committees should bring suggestions back to the next COW. This will be at the beginning of the COW agenda next month. Additional Business Alderman Leslie brought up that the entrance to Raintree Village just east of 71 and 126 is on a blind curve. The speed limit will be re-assessed. Alderman Munns asked when the Parking Ban Postcards are due back. They are due on Sept. 25`h. He also brought up mowing in the parks. The Fox Hill Park on the West side needs to be mowed. Alderwoman Burd said she thought the Parking Ban question would be on the ballot in November. She said only one person per household is able to fill out the postcard half of the residents are not able to vote on the issue. She said in the minutes the committee was directed to come up with the wording for the referendum question. Now it is too late to get it on the ballot. Alderwoman Spears said she and Alderwoman Burd attended the County Board PNA meeting. The issue was tabled. The president of the PNA felt the Sheriffs Department and the Yorkville Police Department should be responsible for monitoring traffic and maintaining law and order. Alderwoman Spears said all the complaints she brought up were deemed hearsay because there were no police reports. The PNA would be willing to let the city or county to organize the programs. Roadblocks could cut down on the problems. The State granted their liquor license back. If their special use permit was repealed, they are zoned Agricultural and they can still have events there. The meeting was adjourned at 10:55 pm. Minutes submitted by Laura Leppert. Page 1 of 10 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE SPECIAL MEETING CITY HALL CONFERENCE ROOM NOVEMBER 28,2006 6:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Jason Leslie(arrived 6:20) Alderman Joe Besco Alderman Rose Spears Alderman Jim Bock Alderman Dean Wolfer(arrived 6:15) Alderman Valerie Burd City Treasurer Bill Powell Alderman Paul James City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator John Crois Assistant City Administrator Bart Olson Public Works Director Eric Dhuse Community Development Director Travis Miller City Attorney John Wyeth Director of Parks&Recreation Dave Mogul Finance Director Susan Mika Community Relations Manager Glory Spies GUESTS: See attached list. PUBLIC HEARING None. PRESENTATIONS None. ECONOMIC DEVELOPMENT COMMITTEE 1. Discuss Committee Liaisons This item was postponed until the chairman was present. 2. EDC 2006-28 Building Permit Report for September 2006 3. EDC 2006-29 Building Permit Report for October 2006 An increase in single-family detached units was noted. Director Miller stated that building was not slowing down however closings were;the inventory of new homes was increasing. 4. PC 2006-70 Bristol Bay Unit 13—Final Plat Director Miller reported that previously several units had been up for approval however the petitioner withdrew Unit 1 which includes land dedicated to the fire department. Unit 13 has been modified to indicate additional property for the fire department. This additional property eliminates the need for a setback variance. The Plan Commission, staff and engineers have recommended this item for approval. This item was place on the Consent Agenda of the November 28, 2006 City Council meeting (following this meeting). Page 2 of 10 S. PC 2006-73 Grande Reserve Unit 22—Final Plat Director Miller reported that the final plat is consistent with the PUD Agreement. He noted one change to the curvature of a road which was realigned per staff recommendation. He stated that Plan Commission and staff recommend approval. This item was place on the Consent Agenda of the November 28,2006 City Council meeting (following this meeting). 6. PC 2006-79 Caledonia Unit 2—Final Plat Director Miller reported that the final plat is slightly different from the Preliminary Plat due to a new developer. Staff requested a revised plat since Windham Deerpoint purchased the property. This item was place on the Consent Agenda of the November 28, 2006 City Council meeting (following this meeting). 7. PC 2006-72 Menards-Preliminary and Final Plat Director Miller explained that this was for a three lot subdivision. There were two changes which refine the lot numbers and an expanded plan for the southerly portion of parcel#2 has been submitted for a storage area. The re-platting addresses issues of concern expressed by staff. This item was place on the Consent Agenda of the November 28,2006 City Council meeting (following this meeting). 8. PC 2006-37 O'Keefe-Preliminary Plat 9. PC 2006-86 O'Keefe Unit 1-Final Plat Director Miller explained that the Preliminary Plat identifies a four lot subdivision as proposed in the PUD. The Preliminary Plat is consistent with the Annexation Agreement and concept plan. The Final Plat is for lots 2 and 3 or the water park lots. The developer is holding off developing the other lots pending the Route 47 widening. This is consistent the Annexation Agreement and recommended by staff. The uses of the other two lots was discussed and Director Miller indicated that the developer was hoping to use the lots for entertainment related businesses such as hotel, retail, etc. however no user has been identified yet. Mayor Prochaska asked if the concerns on the Final Plat were addressed and was told that an item-by-item response to staff concerns has been prepared. Mayor Prochaska suggested approving this subject to staff comments. This item was place on the Consent Agenda of the November 28,2006 City Council meeting (following this meeting). 10. PC 2006-84&Pc 2006-85 Edward Health Ventures—Zoning& Concept PUD Attorney Dan Kramer,representing the petitioner,reported that this property is less than 100 acres located between Routes 71 and 126. The developers sent notices out and met informally with the neighbors to discuss the medical facility and future hospital. The hospital itself has to go through a state certification program which could take years.He noted that even if a hospital is built in Plainfield this facility will still be built in Yorkville. The initial facility will be an office building on the south side of the parcel near Route 71. The residential area will have lots of 15,000 square feet and up and will contain high-end housing. The woods in the area will be retained and the area will have similar covenants to those of the existing residential on the Page 3 of 10 adjoining property. The land will be farmed until other buildings are built. There will be a public hearing on December 19, 2006. Alderman Leslie expressed his concern with light barriers and traffic. Attorney Kramer stated that they hope to have a stop light installed on Route 71 to help with traffic and hopefully the Route 126 improvements will be done before the hospital builds out. He also stated that photometric box lighting and berms are included in the plan. Treasurer Powell asked about the buffer zone on the west side of the project. Attorney Kramer stated that the buffer zone is dictated by the existing trees. There will be 300' from the commercial to the residential areas. Alderman Besco asked what type of building was planned for the Route 126 frontage and Attorney Kramer explained that commercial buildings for doctor's offices are planned. Mayor Prochaska noted that the neighboring residents requested that the woods be preserved. Attorney Kramer explained that land planner Mike Schoppe is working on a plan that will preserve as many trees as possible. He also stated that the trees are being surveyed. No further action was necessary on this item at this time. PC 2006-64 Towns at lindett Reserve—Annexation, Concept and Preliminary PUD Director Miller reported that the Plan Commission unanimously approved this townhome project which consists of approximately 92 acres. The Annexation Agreement discusses contributions to the Parks Department and the School District. School Superintendent Dr. Engler is willing to yield Land Cash to a donation for a school. 193 units are planned and funds will be paid at the time of the building permit. The School District will get land at a reduced rate. Director Miller noted that the Plan Commission recommends the approval of the Annexation Agreement, Concept and Preliminary PUD. Alderman Besco asked if the School District had physically surveyed the land and Director Miller stated that they had not. He explained that there is language in the agreement demanding the roads be constructed prior to the school being constructed. The School District would like to have school constructed prior to the 2009/2010 school year. Alderman Leslie questioned the density of the project and Director Miller explained that there will be 198 units on 92 acres and this conforms to the Comprehensive Plan. The developer is willing to increase the architectural requirements required for townhomes. Also,the set backs and landscaping exceed standards. He noted that a bike trail is planned along Route 47 and the ComEd easement. Alderman Leslie stated that he was not aware of any other development in Yorkville with this amount of density. Director Miller explained that this development is consistent with the Bristol Bay and Grande Reserve developments and is actually less dense than they are. He noted that the developer has clustered the development in one area in order to provide for more open space and eliminate the area maintained by the Homeowners Association (HOA). Alderman James clarified which areas of the map were designated park and school sites. He stated that he disagreed with townhomes in this area and Alderman Leslie agreed. Mayor Prochaska noted that this area came before the City Council years ago with a plan for townhomes. Attorney Phillipchuck, attorney for the developer, further noted that this development has less density than indicated in the Comprehensive Plan. Page 4 of 10 Alderman Bock expressed his concern with the lack of parking for visitors. A representative from Wiseman-Hughes indicated that this will be addressed on the revised plan. She addressed Aldermen James and Leslie's density concerns by indicating that they are the developer to the north of this area and they do not have any issue with marketability of this product. She stated that her company's plan calls for a certain yield of dwelling units for this property. She indicated that if this was to be a single-family home area with 198 homes could generate a population of 728 people whereas the 198 townhomes will generate a population of approximately 442 people. The townhomes will have lower impact on the schools and parks. She noted that if a single family subdivision with the same density was put on this property,there would not be a 21 acre school/park site. She further noted they had brought this concept plan with townhomes to the City Council last October and it was well received. After further discussion regarding density,parking, school site, quality of product,price of the product, layout of the subdivision, etc. This item was place on the Regular Agenda of the November 28, 2006 City Council meeting (following this meeting). CITY COUNCIL MEETING PUBLIC HEARINGS Mayor Prochaska noted that there were two public hearings advertised for the City Council meeting tonight to begin at 7:00 p.m. He asked City Council to go into the City Council meeting, establish a quorum and hold the public hearings. After the public hearings,they would return to the COW meeting. The City Council agreed to this so the COW meeting was interrupted from 7:10 p.m.to 7:35 p.m. 12. EDC 2006-30 Scope of Service for School Site Study Update Director Miller reported on the School Siting Study update. He explained that the School District agreed to participate 50% in the update however they do not have funds available. Dr. Engler verbally committed to add this to the School District budget in the next fiscal year however the School Board would not obligate itself. Director Miller explained that the update would help when dealing with developers because it will identify the need for schools, school/park sites,etc. He requested that the City Council approve 100%of the funding when funds become available. The cost is estimated to be$12,000.00 to $15,000.00 and he suggested it be approved in an amount not to exceed$20,000.00. There was some discussion about shared facilities;park and schools. It was suggested that since the School District does not have the funds,the consultant be asked to waive incidentals. Director Miller stated he would ask for this. This item was place on the Regular Agenda of the November 28,2006 City Council meeting (following this meeting). 13. EDC 2006-31 Grainco FS Supplemental Site Investigation Funding Agreement 14.EDC 2006-32 Farm Bureau Supplemental Site Investigation Funding Agreement Director Miller reported that grant dollars were obtained from the Illinois Environmental Protection Agency(IEPA)to remediate environmental issues in the downtown area. Phases I and II are done however Phase II has not been submitted to the IEPA. Contamination from an underground fuel oil tank at the Farm Bureau location and from the mixing of fertilizers at the Grainco site was found on all three properties. An underground plume of contamination has been identified and at this time it is undetermined if is in motion to the Fox River. If it is moving Page 5 of 10 toward the river, extreme measures of remediation will need to be taken. It has been recommended that the plume be monitored for movement by using monitoring wells. The supplemental contract is for the monitoring. There was$240,000.00 allocated to the City from the IEPA and only half of the funds have been used however the remaining funds cannot be used toward work done on privately owned property. The funds can be used for monitoring the City's parking lot but the cost for the Grainco's property is$13,710.00 and the Farm Bureau's portion is $5,499.00. Staff approached both entities and found that they either do not have the funds or they are not willing to pay for the investigation. The alternative is to use city funds so that the work can be completed and enter into agreements with Grainco and the Farm Bureau for repayment when their property is sold. Director Miller indicated that Grainco is in the process of negotiating a sale so hopefully their portion can be recovered in the next year however the Farm Bureau is not interested in selling. Director Miller explained that the approval of the funds would allow the study to be finished in six to eight weeks. At that time a report will be submitted to the TEPA and it will take another four months to receive their opinion of the site. The Council discussed placing a time limit for repayment in the agreements, charging interest so the property owners would be encouraged to pay off the loan early, who had the burden to clean up the contamination,the remediation process, etc. After some discussion, it was the consensus of the Council to leave the agreements as presented and to move ahead. This item was place on the Consent Agenda of the November 28, 2006 City Council meeting (following this meeting). 15. EDC 2006-09 Sign Ordinance Update Director Miller gave the Council an update on the Sign Ordinance. He indicated that a survey was passed out and research has been done. He indicated that the Zoning Board of Appeals has been very helpful in the process and they will be having their final discussion and will present a recommendation in December. In February 2007 the ordinance will be presented to the Chamber of Commerce for their input. Staff will bring the ordinance back in late spring or early summer of 2007 for a vote. PUBLIC WORKS COMMITTEE L Discuss Committee Liaisons Alderman Besco noted that there are two liaison positions for the Public Works Committee. He expressed interest in being the Yorkville-Bristol Sanitary District liaison and noted that Alderman James has been the Park Board liaison. He stated that the Park Board meets twice during the month and it is more difficult to cover. He suggested that this liaison position be split. Alderman James welcomed someone else's attendance at the Park Board meetings. He noted that when he is unable to attend both meetings,his point person is Director Mogle. He suggested that both meetings didn't need to be attended. Alderman Burd disagreed with him, stating that liaisons should attend all their meetings. She felt that this gives the aldermen more visibility in the community and gives the public more opportunities to talk to them. Alderman Spears noted that the Park Board has expressed concern that a representative from the City Council has not been attending their meetings. Alderman James stated that he has been the Park Board liaison for some time now and suggested one of the other aldermen take over and Alderman Bock volunteered. Page 6 of 10 2. PW 2006-163 Updated 6-Year Capital Improvement Plan Director Dhuse asked the City Council for input on the spread sheet from City Engineer Wywrot. Alderman Besco asked if there were any plans for Kendall Drive behind the Kentucky Fried Chicken restaurant. Director Dhuse stated he would check into this. Alderman Spears questions the plans for Palmer Court and Director Dhuse explained that a sewer rehab was planned for 2007/2008 and the street will be resurfaced afterward. Mayor Prochaska noted that the spread sheet indicates that the In-Town Road program will be done this fiscal year however the streets to be done were not indicted. Director Dhuse stated that streets were Madison,Adams, Van Emmon, Hydraulic, Heustis and Orange. No action was needed on this item. 3. PW 2006-187In-Town Road Program Phase 2—Funding Director Dhuse reported that there is a$32,000.00 short fall and staff was questioning what direction should be taken;reduce the scope of service or find the funds to complete the project this year. Alderman Besco stated that a commitment has been made so it would nice to see the program proceed. Mayor Prochaska noted that the city could use bonding authority to complete the project. Administrator Crois suggested moving forward with obtaining bids to see what the cost will be.After this information is gathered, alternative funding could be investigated. Director Dhuse stated he would move ahead with obtaining bids and bring the information back to the City Council at a COW meeting. 4. PW 2006-188 Southwest Transportation Improvements-Contract F.7(Fox Road) Director Dhuse distributed information on two possible additions to the Fox Road project which were not included in the original funding for the project. The first addition is for a sidewalk from the River's Edge subdivision into town. The estimate for the sidewalk from White Oak into town is$23,000.00. The estimate from White Oak to River's Edge is either$51,000.00 or$92,000.00 depending on the route taken. The second addition is for a turn lane at White Oak Way however City Engineer Joe Wywrot is not recommending this. Director Dhuse indicated that Mr. Wywrot was looking for input from the Council. There was some discussion concerning how the route of the sidewalk and how it would interact with the proposed bike trail for this area. It was the consensus of the Council to install sidewalk from the White Oak subdivision to Morgan Street but bring the other sidewalk options back after further investigation of the bike trail. 5. PW 2006-189 Public Works Office Expansion Director Dhuse asked the City Council for approval to move ahead with the Public Works Office expansion. This will increase the office by 160 square feet and most of the work will be done by Public Works Employees. The Council agreed that the project should move ahead; no further action was needed. 6. PW 2006-190 Water Department Report for August 2006 7. PW 2006-191 Water Department Report for September 2006 8. PW 2006-192 Water Department Report for October 2006 There were no comments on these items;they were placed on the Consent Agenda of the November 28,2006 City Council meeting(following this meeting). Page 7 of 10 9. PW 2006-193 Grande Reserve Units 2& 5-Letter of Credit Expiration 10. PW 2006-194 Grande Reserve Units 12& 13-Letter of Credit Expiration 11. PW 2006-195 Grande Reserve Units 12-Letter of Credit Expiration 12. PW 2006-196 Grande Reserve Units 13-Letter of Credit Expiration There were no comments on these items; they were placed on the Consent Agenda of the November 28,2006 City Council meeting(following this meeting). 13. PW 2006-197 Caledonia Phase 1—Sitework Letter of Credit Reduction #1 14. PW 2006-198 Caledonia Phase 2—Sitework Letter of Credit Reduction #1 There were no comments on these items; they were placed on the Consent Agenda of the November 28,2006 City Council meeting(following this meeting). 15. PW 2006-199 Countryside Parkway(E.Kendall to Center)-Change Order#1 Director Dhuse explained that the decrease is for the final balance and closes out the project. There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 16. PW 2006-200 Rob Roy Creek Interceptor(North Branch Contract 1) -Change Order#1 Director Dhuse indicated that the Change Order was for crop damage. There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 17. PW 2006 201 Kylyn's Ridge Subdivision (Phases 1 & 2) —Final Acceptance and Line of Credit Director Dhuse indicated that City Engineer Wywrot recommends acceptance as the punch list is complete. There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 18. PW 2006-202 Fountain Village of Yorkville—IDOT Letter of Understanding Director Dhuse indicated that this was a standard IDOT procedure for the signal at Fountain Village,the shopping center south of Greenbriar Road. He indicated that maintenance and power would be the City's responsibility. There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 19. PW 2006-203 Gawne Lane Watermain Extension—Easement Director Dhuse explained that the easement is needed for a watermain loop from Gawne Lane to Worsley and then back to E.Main Street and is recommended by City Engineer Wywrot. There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 20. PW 2006-204 US Postal Service-Plat of Easement There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). Page 8of10 21. PW 2006-205 Raintree Village Unit 1—Surface Course Director Dhuse reported that there is a problem with the surface course of asphalt. He has met with the developer and the contractors to discuss the problem. There will be a meeting with an asphalt expert to determine the best remediation. No further action is needed on this item. 22. PW 2006-206 In-Town Road Program Phase 2—Construction Engineering Services Director Dhuse explained that there are two separate contracts and costs for the engineering. Alderman Spears asked if Smith Engineering's rates had increased and Director Dhuse stated he would have to investigate this. She noted that the City asked Engineering Enterprises Inc. (EEI) to hold their rates and this should be asked of Smith. She asked if staff would get a comparison of rates. Attorney Wyeth suggested approving this item subject to the rates being the same as last year. This item was place on the Regular Agenda of the November 28, 2006 City Council meeting (following this meeting). 23. PW 2006-207 Corneils Road Improvements—Engineering Agreement Jeff Smith with EEI reported that there are a number of developments along Corneils,west of Route 47 that are moving forward. As part of this, Corneils Road will need to be improved. Staff has requested that EEI provide a contract to do all the improvements together. The contract is for improvements from 600 linear feet west of Beecher Road through the Route 47 intersection to about 1300 linear feet east of Route 47,the bridge over Rob Roy Creek,Route 47 signals and pavement improvements. Mr.Freeman indicated that construction costs and fees were included in the agreement. Mayor Prochaska noted that the agreement should be subject to receiving development funds to pay for the project. There were no further comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 24. PW 2006-208 IDOT Highway Permit and Resolution-Kendall Marketplace(Off-Site Storm Sewer) Director Dhuse reported that this is a routine IDOT permit.There were no comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 25. PW 2006-164 Revised Landscape Ordinance Director Miller reported that a public hearing was held on October 24, 2006 and the ordinance is now ready for City Council approval. There were no further comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). 26. PS 2006-19 Revised Off-Street Parking Regulations and Requirements Director Miller reported that this is an amendment to the zoning ordinance. A public hearing was conducted and the ordinance went before the Plan Commission which recommended revisions. Staff reviewed the ordinance and also made modifications including adding language allowing the City Administrator,upon the recommendation of the City Engineer,to approve a variance for the distance from a driveway to an intersection. Page 9 of 10 There were no further comments on this item; it was placed on the Consent Agenda of the November 28, 2006 City Council meeting(following this meeting). DETAILED BOARD REPORT—BILL LIST Alderman Spears questioned a payment on page 26; SEC Group, Inc. for Travel Demand Forecast in the amount of$3,847.10 -Director Miller explained that this was for a report prepared by SEC assessing future traffic needs prior to any road improvements. The report was presented tot eh City Council at the October 17, 2006 Committee of the Whole meeting. The Bill List was placed on the November 28, 2006 City Council meeting agenda for approval. PARK BOARD PKBD 2006-11 Whispering Meadows Park Playground Equipment Purchase Director of Park&Recreation Mogle showed the City Council the plan for the Whispering Meadows Park. He reported that the City received an OSLAD grant for the development of the 12 %i acre park which will be adjacent to a school site. The park should be complete by the end of 2007. The park will have the first BMX track,baseball diamond,playground,trails and prairie area. Director Mogle indicated that City Council approval was needed to proceed with the purchase of the playground equipment which will have a train theme. He reported that an RFP's was put out and plans were accepted from three manufacturers. The amount for the equipment is $105,033.00 and a shelter resembling a train station is included in this cost. He stated that the Park Board has approved the expenditure for the equipment and City Council approval is now needed. There was a brief discussion about disclaimer signs,proximity of the park to the school building and the completion of Faxon Road. This item was place on the Regular Agenda of the November 28,2006 City Council meeting (following this meeting). MAYOR L ADM 2006-82 Silver Fox SSA Proposing Ordinance 2. ADM 2006-83 Evergreen Park SSA Proposing Ordinance 3. ADM 2006-84 Aspen Ridge SSA Proposing Ordinance 4. ADM 2006-85 Silver Fox SSA Proposing Ordinance S. ADM 2006-86 Yorkwood Estates Proposing Ordinance Mayor Prochaska reported that these SSA's are part of the agreements that the City has with the land owner's. The SSA's for these properties will be paid off as the homes are sold. He stated that the City received a letter from one of the developers stating that the increase in the amount to be financed was not discussed with them.He noted that there was no representative from the Aspen Ridge development present to discuss their request. Director Miller explained that EEI has a contract approved for the design of the water treatment plant,roadway infrastructure and Fox Road improvements. The contract was approved subject to funding. When the annexations were approved, EEI's scope of service was modified. One of the petitioners raised the question regarding the increase and staff sent a letter to all the developers explaining the scope of service. Page 10 of 10 Mayor Prochaska asked that the vote for these items be delayed until staff can address the developer's concerns. Director Miller noted that this matter is to go to public hearing on December 12,2006 but Attorney Wyeth explained that if the proposing ordinances are not approved,the public hearing can be delayed without effect on the project. Mayor Prochaska noted that he developer is concerned that there is over$5 million more in the proposing ordinance than the estimated amount. A representative from the bond council explained that the amount of$23,500,000.00 came from the underwriters who built in a 10% cushion to address publishing and any possible changes. Alderman Spears asked if the staff could report back to the Council with the outcome of the meeting. These items were removed from the City Council meeting agenda. ADDITIONAL BUSINESS Alderman Wolfer asked the City Council to consider hiring a project manager to handle the volume of paperwork that will be generated by a landfill application. He noted that Kendall County has hired an individual who was a former waste manager coordinator to help the board with the process. There was a brief discussion regarding the role of the special waste attorney, reimbursable costs incurred by the city,the role of the hearing officer,etc. The meeting was adjourned at 9:25 P.M. Minutes submitted by Jackie Milschewski, City Clerk Page 1 of 1 DRAFT DOWNTOWN TIF MEETING Monday,July 31,2006 7:00 P.M. Historic Courthouse Present Mayor Art Prochaska Ron Morris Alderwoman Rose Spears Carol Morris Alderman Joe Besco Terry Groesch Alderman Jim Bock Bruce Sperling City Administrator John Crois Jeff Muellner,Muellner Construction Bart Olson Sue Sperling Travis Miller Jeff Schmelzle Kathleen Orr Heather Gillers,Beacon Tony Graff Kathy Farren,Record Lynn Dubajic Diane Scott Greg Roate Wesley Scott Wayne Larson Betty Larson also see attached The meeting was called to order at 7:00 pm by Mayor Prochaska. Kathleen Field Orr explained that there had been a TIF study done by an outside firm and the downtown area does qualify for a TIF district. The assessed valuation is deemed the initial valuation. There will be a designated account for the specific purpose of improving the specified area. The money for the account will come out of the additional taxes created by the redevelopment. The plan for the area must comply with the zoning and comprehensive plans. Prior to an individual creating the pl;ans, they must meet with the municipality to negotiate. The city will look at the total cost and reimburse 25% of the eligible costs if the business is an asset wanted or needed in the city. Kathleen Field Orr went over a handout she brought with her. She discussed things such as:Factors to be considered in connection with the award of TIF assistance,the general policy of limiting assistance to a percentage of new investment, the application for TIF assistance, and eligible redevelopment project costs. There was also a question and answer session. Some of the answers included: Dollars from the TIF that are not used within 3 years will be redistributed to the other taxing bodies. New construction is not an eligible cost, rehabilitation of old buildings is an eligible cost. Only the owner of the land will be reimbursed. The redevelopment agreement must be discussed in open session and voted on by the City Council. The meeting was adjourned at 7:56 pm. Minutes submitted by Laura Leppert. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS (North Star Trust and Fox Moraine) WHEREAS, a written petition to annex certain territory described on Exhibit"A" and Exhibit`B"was received, and the territory was annexed to the United City of Yorkville pursuant to Ordinance No. 2006-115, on September 26, 2006; and WHEREAS, that portion of the said territory lying within Sections 22 and 23 are within the Charles B. Phillips Public Library District,to which notice was not given pursuant to 65 ILCS 5/7-1-1, and, therefore, the annexation of said portion of the Territory was not effective; and WHEREAS, the annexation of that part of the said territory lying within Sections 13 and 14 was effective pursuant to Ordinance No. 2006-115,but is also included in this Ordinance to re-affirm said annexation; and WHEREAS, a second written petition, signed by the legal owner of record of all land within the territory described in Exhibit"A" and Exhibit`B"has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and WHEREAS,there are no electors residing within the territory; and WHEREAS, said territory is not within the corporate limits of any municipality other than the United City of Yorkville, and is contiguous to the United City of Yorkville; and WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statutes,including the Charles B. Phillips Public Library District; and WHEREAS, copies of such notices required to be recorded, if any, and an affidavit that service of notice on the Charles B. Phillips Public Library District has been had as provided by 65 ILCS 5/7-1-1, have been recorded in the Office of the Recorder Kendall County, Illinois; and WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and WHEREAS,the petitions, documents, and other necessary legal requirements regarding the annexation of the territories described in Exhibit"A" and Exhibit`B" are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Sections 7-1-1 and 7-1-8 of the Municipal Code; and WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, (Legal description on Exhibit "A"and Exhibit `B") that territory also being indicated on an accurate map(Exhibit"C") of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 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 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 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 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 CONTA STING 25.68 ACRES MORE OR LESS IN THE TOWNSHIP OF FOX, KENDALL COUNTY,ILLINOIS. EXHIBIT "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 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 MEI UTES 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. PLAT CSF ANNEXATION 4 OF L_EUAL DESCRIPIIGN T'ORPARCELA 11 VV TFIAT PARI OF SECTIONS 14,22,23 AND 26,ALI,IN TOWNSHIP 3ti NORTH,RANCE 6 FAST OF THE TIIIRD PRINCIPAL MERIDIAN IN KENDALL COUIJ'TY,ILLINOIS,Dfi:ING DESCRIEEi)BY COMMENCING AT AN IRON PIPE AT"I HE SOU THW EST CORNER OF I HE SOU'IHFASI QUARTER OF SAID SE(IION 14;THENCE NORTH(II DEGREES 36 MINUTES(17 SECONDS WEST ALONO'THE WES I LINE OF SAID SOUTHEAST QUART CH. 1174:77 FRET TO A POINT ON THE WESTERLY.LINE.Of COMMONWEALTH TH POISON COMPANY RIGH'.OF W.AY.FORTHE POIN F OF BEGINNING,THENCE SOU IT3 46 UE61OFUS 16 MINU FF.S 34 3E(-,ONDS EAST ALONG SAID WESTERI Y RIGHT OP WAY LINE 1816.64 FEET TO A POINT OI B NL1 IN SAID WESTERLY RIGHT OF WAY LINE,SAID POINT BEING:A POINT UN'IHI.PASTLINE O6-THE WESTHAIF OF THENORTH[:ASI' )UAR'T'ER OF SAIDSECTION 23;THENCE SOO 1`11 I)I DEGREE 26 MINUTE'S m SECONDS EAST ALONG SAID WESTERLY RIGI"IT OF WAY LINE,A DISTANCE OF 5153.41 FEET TO THE SOUTHERLY RICHT OF WAY L INE OF WALKER ROAD;THENCE SOLT11 99 DEGREES 31 MINUTES 41 SECONDS WEST ALONG SAID SOUTHERLY RIGHT"OF WAY LINE OF WALKER ROAD.1324)n1 FT:ET'TD A POINT ON SOUTHERLY IXfF.N19(IN OF THE O` 500' ` I(>o(Y .1100' WEST LI NE OF THE SOOT'FLEA S'P QUAWF R OF SAID SECTION 23;THENCE NORTH 01 DEGREE 25 MINUTES 43 SECONDS WEST ALONG SAID WEST LANE OF TTIE SOUTHEAST QUARTER OF SAID SECTION 23,A DISTANCE Of 1981.91 FRET;THENCE SOUTH 99 DEGREES 53 MINUTES 26 SLCONI13 WEST.2643.57 FEF T'IYI.A POINT ON THE WEST LINE OF SAID SECTION 23;THENCE SOUT14 01 DEGREE 32 MINLITES(W SECONDS EAST ALONG SAID WEST LINE,76.14 Ftd'1 TRENCE SOUTH 89 DECREES 34 MINUTES 50 SECDNDS WEST,259141 ELM*TQ A POINT ON THE NORTHWESTERLY 19 IGfT1'OF WAY LINE OF ILLINOIS ROUTE 71.'I'HENC'E Scale,ill a 5001 NOR'T'HEASTERLY ALONG SAID NORTHWESTERLY RIOHT OF WAY LANE,/1918.12 FEET MORE:OR LESS TO THE POINT OF INTERSECTION WITH SAIL)WESTT,RIV LINE OF'THE COMMONWEALTH EDISR)N COMPANY RIGHT OF WAY-THENCE SOUTH 46 DEGREES 16 MINUTES 34 SECONDS:PAST ALONG SAID WESTERLY RIGHT OF WAY LINT 20.13 FELT 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 T'HC SOU'ITLEAST QUARTER OF SECTION 14,TOWNSHIP 36 NORTH,RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN):ENDAIA,COL NTY,ILLINOIS,BEING DESCRIBED BY COMMENCI:NO AT AN IRON PIPE AT THE SOOT:FIW'ES T CORNER OF THE SI:HD'lf QUARTER OF SAID SECTION 14;THENCE NORTH 89 DECREES 55 MINUTES 26 SECONDS EAST AIAM THF.SOUTH LINE OF SAID 501 II-HFAST QUARTER,1720 N 1 EEE:T"I'll A POINT'ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF WAY;THENCE NOAIH 46 DE(4LFF.S I(,MiMTFS 38 SEC()KDS WEST AIANG SAID EASTERLY RIGHT OF.WAY LINE-227.33 FEET FOR THE POINT OP HEOINNMQ THENCENORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST 561.93 I CET":T HENCE NORTH 01 DEGREE 27 MINUWEST 43 SECONDS EST 267,13 FEET;THENCE NORTT4 46 DEGREES 16 MINUTES 34 SECONDS WEST PARALLEL.WITH SAID EASTERLY R.IGHT'OF WAY LINE,1964.16 FLEE TOA PUINT ON THE NORTHERLY RICH[OF WAY LINE OF ILLINOIS ROUTE 71THENCE SLUT H 53 DEGREES 58111INUTES 06 SE,COM)SW'EST ALONG SAID NORTHERLY RIGHTOP WAY LINE,596.51 FEET TO THE POINI'OF INTERSECTION WTTH SAID EASTERLY RIGHT OF WAY LME OF COMMON WEALTHEDISIOIN COMPANY;THENCE SOUTH 46 DECREES 16 MIND TES 34 SECONDS.EAST ALONG SAID EASTERLY RIOREf OF WAY LINE,1732.43 FEET TO THE POINT�OF BEGINNING CONTAINING 25.08. ACRES MORE OR LESS IN THE TOWNSHIP OF FOX,KENDALL COUNTY,ILLINOIS.. LEGAL.DESCRIPTFORPARCFI.H, THAT PART OF THE WEST HALF'OF THE SOUTHWEST QUARTER OF SECTION 13 AND THAT PART OF SECTIONS 14.23 AND Ni,TOWNSHIP 36 NOR114.RANIGR 6 FAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY,ILLINOIS;BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE SOUTHWHST'CORNER OF THIS SOUTHEAST QUARTER OF SAID'ECTION I4;THENCE NORTH 89 DIiGRERS 55 MINUTES 2G SECONDS EAST ALONGTHF.SOUTH LINEUP SAID ROU'1'HIiAST QUARTER:I720:45 YEET"I'O A POINT(M TETE.F.ASTERI,Y LINE OF COMMONWEAL IN EDISON COMPANY'RIGHT OF WAY FOR 7'HE POINT OF BEGINNING;THENCE NORTH 46 DEGREES 1 6 MINUTES 34 SFC GNU$WEST ALONG SAID PAST ERLY RIGHT OF WAY LINE,222.33 FEET;THENCE.NORl IT 89 DEGREES 55 MINUTES 26 SECONDS FAST.56185 FEET; THENCE NORTH 01 DEGREE 27 MINUTES 43 SECONDS WEST267.13 FEET;THENCE NUR'Di 46 DECREES 16 MINUTES 34 SECONDS WEST PARALLEL WITH SAID FASTERLY RIGHT OF WAYLiNF 1864.16 FEET TO A POINT I:LN THE'NORT'14EKLY RICHT OF WAY LINE OF ILLINOIS ROUTE 71:THENCE NORTH 54 DEGREES 37 MINUTES 26 SECONDS EAST'.ALONG SAID NORTHERLY RIGHT OF WAY LINE,3552.2'1 PEETT'O THE POINT OF INTERSECTION WITH THE EASTLIN OF SAID WEST HALF Or THE SOUTHWEST QUARTER.OF SAID SECTION 13;THENCE'ALO UI DEGREES 27 MINUTES 43 SPX.'OINDS EAST ALONGSAID FA5f LING,376198 FEET TO A POINT ON I'HL SOUTH LINE OF.SAID SOL'THWESIQUARTER SECTION:T HENCE SOUTH 69 DEGREES 35 MINUIR'S 26 SECONDS WEST ALONG,SAID S(AITH LINE,1119.49 FEET TO THE NORTHEAST CORNER OF SAID.SECTION 23;THENCE SOUTHERLY ALONG THF.EAST LINE OF SAID SEC-FICIN 23 AND THE EASTLINE EXTENDED SOUTHERLY 5326 S8 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WALKER ROAD;THENCE SO.'I114 89 DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAIL)SOUTH RIGHT OFIVAV I M. 92/A3 TO THE EASTERLY LINE OF SAID COMMONWEALTH EMSWIN COA(PANY RIGHT OF WAY;THLNCE N011111 01 DEGREE 26 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE,5527.57 FEET TO THE POINT OF BEGINNING CONTAINING 267;43 ACRES MORE OR LESS IN THE TOW NHSIP OF FOR,KHNDALL COUNTY.ILLINOIS. r j5yti1��j J � LOCATION MAP1111 SCALE i r / s,46°16 PARCEL B , (NORTH STAR TRUST CO.) + ' , ?• ' 267.43 t ACRES c� I : s 267.13' 15 4L L4 22 23... N.N)°5546"E.1720.45- 23 5.89°55'26"W. ,r.•//� !! N.46°16'34"W. 722 33' ' \) 16l,95' ' �> !I � 17 PARCEL A , + W �' (FOX MOt ,4INE,LLC-) I1 1 � + � 1 466.69 t ACRES it --i 400' ..... � 2222 ..,..... .� 22 2 f/ — — —.— z2Lg3 - — a 3 ai 3 ,24 N z S.IVf`,V26"W. 2643.5T .(I°34) E. 76 ' 4S 1 ffii, 1 1 g 7 V - ------------ —————-——= 13311.61` � 92R33' '—N01)1N RI(IRY'(N WAV LIRE WALKER, ROAD ' SURWEYOR'S C;�RTIk'IQhTg S'T'ATE OF ILLINOIS) )SS COUNTY OF KENDALL) THIS IS 70 C'ERTHY TO NORTH STAR TRI:L, COMPANY AND FOX MORAINE LLC, TH.A I'1,RONALD D 13AIJER,AN ILLINOIS PROFESSIONAL LAND SURVEYOR IN STATE OF ILLINOIS ) AFORESAID C0ITNTY AND STATE HAVE C OMPLEFTED A PLAT OF ANNEXATION l+s ON'T HE GROUND OF THE PROPEKTY DESCRIBED,TO THE CURRENT .COUNTY OF KENDALL) APPUCABLRILLINOIS PROFESSIONAL LAND SURVEYOR STANDARDS AND THAT THE PLAT'HEREON DRAWN REPRESENTS THE FACTS FOUND AT 111f,TIME I'HISS ISTD CERTIFY THAT THF.TERRITDRY DESCRIBED AND SHOWN HEREON WAS OF THESURVE;V'.TASNI.{FNTSANDOR SFfDhC'K5S{{OWN ARE:EITEHFR.THOSE ]NC`ORPORATEDINTOANDMADBAPAR'[OFTHEIMITEDCfTY ITFY'ORKVR4.E,ILI,IN0ISO DESIGNATE°ER DO UMENTARDED SUBDIVI$}ON PIAT OR'DIOSF:PROYI[1ED TO ORDINANCE N.,_"_":_:.::,AIX)FTED BY THE MAYOR AND CITY COUNCIL OF T14E UNITED US BY D]HER DOCUMENTATION, : CITY OF YtlRKV01.}ILLINOIS,THIS_DAY OF _ .311n_ GIV HN UNDER MY HAND ANU SEAL AT PLANO.ILLINOIS THIS 2811,DAY Or- DECEMBER,2006 A.D It IS ASSOCIATES 1c1.MC)IS PROC'B�S41i AL LAND SURVEYOR 42352 REGISTRATION EXPIRES II-3041108 : LAND S ! ,SII INC.. REFER TO A CURRENI I'll LE..INSURANCE POLICY FOR EASEMENTS NO:i' ,;'� lin. 4 Wast Main 1'beet PROVIDED ]HIS DRAWING IS THF.PROPERTY UFRBk ASSOC HAI CS LAND .. {®+4i11G ++1+h6+S�+Sf. SURVEYORS,INC AND 3LH.Al.LN(1T BE USED POR ANY OTHER fUN.PUSE'I'HAN 4 SRI'FORTH WII'M)1"1'HFW'RII'fEN CONSENT OF ANAL.!'I'HORI<:L,D AO)L:N1'0FR (630)552-7452 H C ASSOCIATES LAND c1.RVEYORS.INC. IDESIGN FIRM NO.164a04476 . DWG#20MI3254-004 G(AWHSM) STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE REAFIRMING A REZONING 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 and North Star Trust Company Trust #06-9993 are the legal owners of record of property described on Exhibit"A" and Exhibit`B", respectively, attached hereto and incorporated herein(the Property), and WHEREAS, Fox Moraine and North Star Trust has made application by petition for the rezoning of the Property, and WHEREAS,owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as A-1 Agricultural District zoning. WHEREAS, a written petition to annex certain territory described on Exhibits"A" and`B"was received, and the territory was annexed to the United City of Yorkville pursuant to Ordinance No. 2006-115, on September 26, 2006; and WHEREAS, City Ordinance No. 2006-116 granted rezoning for the property described in Exhibits"A"and`B", and WHEREAS, a portion of the said territory lying within Sections 22 and 23 is within the Charles B. Phillips Public Library District,to which notice was not given pursuant to 65 ILCS 5/7-1-1, and, therefore,the annexation of said portion of the Territory was not effective, and in turn the rezoning was not effective; and WHEREAS, the City does hereby reaffirm the rezoning granted by Ordinance 2006-116, and to the extent necessary,rezones those areas within the Charles B. Phillips Public Library District(i.e.portions of the property in Sections 22 and 23), and NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby reaffirms the prior zoning of September 26, 2007 as to a portion of the property, and rezones the remainder of the property as A-1 Agricultural District said property being described in attached Exhibits "A" and `B" (Legal Descriptions of the Property). 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 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 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 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 NIINUTES 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. EDIT "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 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 M=ES 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. C(TV COUMCIL STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING A LETTER OF INTENT FOR REHABILITATION OF TENNIS COURTS ON GAME FARM ROAD WHEREAS, the City Council of the United City of Yorkville has considered approval of a Letter of Intent for Rehabilitation of Tennis Courts on Game Farm Road with Yorkville Community Unit School District#115; and WHEREAS, a copy of said Letter of Intent is attached hereto and incorporated herein as Exhibit"A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Letter of Intent in the form set forth in Exhibit"A"is hereby approved, and the Mayor is authorized to execute said Letter of Intent on behalf 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 United City of Yorkville % County Seat of Kendall County 800 Game Farm Road EST. �- 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 O Fax: 630-553-7575 Website: www.yorkville.il.us SCE February 13, 2007 LETTER OF INTENT TENNIS COURTS ON GAME FARM ROAD Board of Education Yorkville Community Unit School District#115 Kane and Kendall Counties, Illinois 602A Center Parkway Yorkville, IL 60560 Re: Intention to Assist in Funding Rehabilitation of Tennis Courts on Game Farm Road Dear Board Members: Please be advised that the City Council of the United City of Yorkville has reviewed the issue of assisting in funding the rehabilitation of the six tennis courts on Game Farm Road in front of the Middle School. The City, by resolution approving this letter, has determined that it will budget the sum of$40,000 toward this work. The funds will be available by July 1, 2007. The contribution is contingent upon a continuation of the mutually beneficial relationship between the School District and the City beginning in 1975 when the two agencies shared the cost of the construction of those six courts. This relationship was memorialized that year by a written agreement dated April 28, 1975. (Copy attached) The City intends to work in furtherance of that Agreement, but suggests that a more contemporary version be developed by our respective staffs in the form of an Intergovernmental Agreement. Our City Administrator and the Superintendent of Schools have each agreed that an update would be in order to bring clarity to the roles of the respective agencies regarding the mutually beneficial rehabilitation and ongoing use of the tennis courts. On behalf of the City, I express appreciation for the continued positive and productive relationship that exists between the City and School District 115. Sy AFP, Jr. Cc: City Administrator Supt of Schools Cl-r-1 C Cl United City of Yorkville 800 Game Farm Road x1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 LE Date: February 9,2007 To: Mayor and City Council From: John H. Crois, Interim City Administrator Subject: Construction Letter of Intent Susan, Bart and I have been working on the Fiscal 2007-2008 Budget for several weeks. We have met with Department Heads to review their submissions. Since then we have been working to prepare a balanced budget. The current economic conditions make this task difficult. The Council has discussed several new projects for the coming year. These projects will have to be prioritized by the Council. I would recommend that the Council defer making any fund commitments until the budget review and prioritizing process is completed. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING A LETTER OF INTENT FOR CONSTRUCTION OF TENNIS COURTS ON GAME FARM ROAD WHEREAS, the City Council of the United City of Yorkville has considered approval of a Letter of Intent for Construction of Tennis Courts on Game Farm Road with Yorkville Community Unit School District#115; and WHEREAS, a copy of said Letter of Intent is attached hereto and incorporated herein as Exhibit"A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Letter of Intent in the form set forth in Exhibit"A"is hereby approved, and the Mayor is authorized to execute said Letter of Intent on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 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 United City of Yorkville o County Seat of Kendall County ES �> 1836 800 Game Farm Road 'ti Yorkville, Illinois, 60560 4 ~� Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us CLE February 13, 2007 LETTER OF INTENT TENNIS COURTS ON GAME FARM ROAD Board of Education Yorkville Community Unit School District#115 Kane and Kendall Counties, Illinois 602A Center Parkway Yorkville, IL 60560 Re: Intention to Assist in Funding Construction of New Tennis Courts on Game Farm Road Dear Board Members: Please be advised that the City Council of the United City of Yorkville has reviewed the issue of assisting in funding the construction of four new tennis courts on Game Farm Road in front of the Middle School. The City, by resolution approving this letter, has determined that it will budget the sum of$110,000 toward this work. The funds will be available by July 1, 2007. The contribution is contingent upon a continuation of the mutually beneficial relationship between the School District and the City beginning in 1975 when the two agencies shared the cost of the construction of those six courts. This relationship was memorialized that year by a written agreement dated April 28, 1975. (Copy attached) The City intends to work in furtherance of that Agreement, but suggests that a more contemporary version be developed by our respective staffs in the form of an Intergovernmental Agreement. Our City Administrator and the Superintendent of Schools have each agreed that an update would be in order to bring clarity to the roles of the respective agencies regarding the mutually beneficial construction of the four new tennis courts. On behalf of the City, I express appreciation for the continued positive and productive relationship that exists between the City and School District 115. Sy AFP, Jr. Cc: City Administrator Supt of Schools Reviewed By: J� �-c► Legal ElAgenda Item N ber Finance ❑ EST. 1836 Engineer ❑ 4 City Administrator ❑ Tracking Number ^° �O Consultant ❑ SCE ��' Human Resources ❑ City Council Agenda Item Summary Memo Title: City Administrator Recruitment Contract City Council/COW: City Council—February 13, 2007 Synopsis: Consideration of a contract to hire McGrath Consulting Group to assist in the City Administrator recruitment. Council Action Previously Taken: Date of Action: Postpone Action Taken: COW, Sept. 5, 2006 Item Number: N/A Type of Vote Required: Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: See attached memo for update on contract document. IP o United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 �— Telephone: 630-553-4350 ?� Fax: 630-553-7575 LE Date: February 9, 2007 To: City Council From: Bart Olson,Assistant City Administrator CC: Subject: Recruitment Contract The contract for City Administrator recruitment is in your packet this week. This contract has been reviewed by the City Attorney. It is the short, formal version of the proposal packet that was in your COW packet last week. I have taken the liberty of removing the Recruitment from the Consent Agenda, in case there are any questions on the formal document (contract). There are no substantive changes. AGREEMENT BETWEEN CITY OF YORKVILLE AND McGRATH CONSULTING GROUP, INC. FOR THE CITY ADMINISTRATOR RECRUITMENT THIS AGREEMENT made February 2007 by and between McGrath Consulting Group, Inc., hereinafter called the consultant, and the City of Yorkville, hereinafter called Yorkville. WHEREAS, the consultant submitted a proposal, dated December 2005 and revised in January 2007, to Yorkville to conduct a search for the position of City Administrator. NOW, THEREFORE, the parties (Yorkville and the Consultant) do mutually agree to the following: Yorkville shall engage the consultant to perform the work described in its proposal, referred to as the PROJECT, which is incorporated herein by reference, excluding the assessment center testing. The PROJECT shall be undertaken and completed in such sequence as to assure the expeditious completion and best carry out the purposes of the agreement. The PROJECT is tentatively scheduled to begin in April 2007. The Consultant agrees to complete the PROJECT as proposed for a total compensation of $10,500 in consultation fees and expenses. Yorkville agrees to pay the Consultant for work on the PROJECT by submission of two invoices- $1 ,500 to be invoiced upon receipt of the signed contract; and the balance at the completion of the final interview date facilitated by McGrath Consulting. In consideration of this agreement, Yorkville agrees to: • Afford prompt decisions on matters affecting the progress of the work. • Assist McGrath Consulting in room accommodations. • Provide for refreshments and lunch, during the interview process for the interview team, excluding candidates. • McGrath Consulting Group, Inc. will submit the 2 invoices described above to Yorkville for services performed and Yorkville shall remit payment within 30 days of receipt of said invoices. • The City of Yorkville will be responsible for all advertising costs, and any costs associated with candidate travel. Guarantee: In the event the selected candidate leaves employment at the request of the City of Yorkville, within one year of the date of hire, McGrath Consulting will conduct a second search at no cost. The City of Yorkville would only be responsible for the costs associated with advertising and applicant travel expenses. This guarantee does not apply if the selected candidate voluntarily resigns the position. GENERAL CONSIDERATIONS 1 . Nondiscrimination -In consideration of the signing of this Agreement, the parties hereto for themselves, their agents, officials, employees, and servants agree not to discriminate in any manner on the basis of race, color, creed, or national origin with reference to the performance of this Agreement. 2. Termination and Suspension a. This Agreement will continue in full force and effect until completion of the PROJECT as described in the proposal unless it is terminated for nonperformance as outlined below. b. If either party fails to perform as required by this Agreement, the other party may terminate it by giving written notice of such failure to perform and the intent to terminate. If the party receiving such notice does not cure its failure to perform with 20 days of such notice, the party issuing such notice may then terminate the Agreement by giving written notice of termination to the other party. C. In the event of termination, the Consultant will be paid by Yorkville for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant will provide all work documents developed up to the time of termination after Yorkville renders final payment for service. 3. Successors and Assigns- Yorkville and the Consultant each bind the other and assigns, in all respects, to all of the terms, conditions, covenants, and provisions of this Agreement, and any assignment or transfer by the Consultant of its interest in this Agreement without the written consent of Yorkville shall be void. 4. Compliance with Law-The Consultant will comply with any and all applicable federal and state laws, as well as any local laws that are McGrath Consulting Group, Inc. 2 known to the Consultant as the same exist and may be amended from time to time. 5. Amendment of Agreement-This Agreement shall not be altered, changed or amended except by mutual written agreement of the parties. 6. Indemnification Clause -For purposes of this section, work performed is described as the preparation of studies and recommendations pertaining to the scope of services contained in this Agreement, as presented to Yorkville for review and approval. Notwithstanding anything herein to the contrary, to the maximum extent permitted by law, the Consultant shall not be liable for consequential damages resulting from negligent actions while working as an agent of Yorkville in evaluating the candidates for the aforementioned organization. Any confidential information provided to or developed by the Consultant in the performance of the agreement shall be kept confidential and not made available to any individual or organization by the Consultant without the prior written approval and consent of Yorkville. 7. Whole Agreement-This agreement constitutes the entire agreement between Yorkville and the Consultant. Any modification must be in writing and approved by Yorkville and the Consultant. The agreement incorporates all the agreements, covenants, and understanding between the parties concerning the subject matter hereof, and all such covenants, agreements, and understands have been merged into this written agreement. 8. Independent Contractors -The Consultant and its agents and employees are independent contractors performing professional services for Yorkville and are not employees of Yorkville. Nothing herein shall be construed as incurring for Yorkville any liability for Worker's Compensation, FICA, withholding tax, unemployment compensation, or any other payment, which would be required to be paid by Yorkville if Yorkville and the Consultant were standing in an employer/employee relationship, and the Consultant hereby agrees to assume and pay all such liabilities. 9. Subcontract-The Consultant shall not subcontract any portion of the services to be performed under this agreement without the prior written prior approval of Yorkville. McGrath Consulting Group, Inc. 3 The parties have executed this Agreement, the day and year first above written. Approved By: By: /';'. City of Yorkville Victoria McGrath, CEO McGrath Consulting Group, Inc. Date Date McGrath Consulting Group, Inc. 4