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City Council Packet 2003 09-09-03 err 00 United City of Yorkville o A� County Seat of Kendall County EST. `.z_____ __1836 800 Game Farm Road �� Cl) Yorkville, Illinois 60560 AGENDA p ins1 \ Q Phone:630-553:560 9 .:1 Fax:630-553-7575 CITY COUNCIL MEETING �`kLE `�' BEECHER COMMUNITY BUILDING, AUSTIN ROOM 7:00 PM REVISED: 9/8/03 Tuesday, September 9, 2003 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, September 22, 2003 6:30 p.m., Tuesday, September 9, 2003 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Monday, September 15, 2003 City Hall Conference Room Administration Committee Meeting: Ad-hoc: Tourism Committee 6:30 p.m., Thursday, September 11, 2003 6:30 p.m., Monday, October 20, 2003 City Hall Conference Room City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, September 25, 2003 City Hall Conference Room Public Hearings: 1. Concerning the Intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $7,900,000 General Obligation Bonds(Alternate Revenue Source). Citizen Comments: Presentations: None City Council Meeting Agenda September 9, 2003 Page 2 Consent Agenda: 1. Longford Lakes -Letter of Credit Reduction in the amount of$476,517.04 2. Authorize Purchase of 2 PW 2003 Ford F150 Pick-up Trucks -in an amount not to exceed$27,591.20 3. 2003 Joint and Crack Filling Change Order- increase in an amount not exceed$727.20 and authorize Mayor to execute 4. July 2003 Water Report 5. Building Permit Report for June& July 2003 6. Development Flow Charts -Motion to Repeal Previous Flow Chart 7. Monthly Police Reports for July 2003 8. Halloween Trick or Treat Hours on Friday October 31, 2003: 4:00 - 7:00 p.m. Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— August 12, 2003 Minutes of Committee of the Whole— May 6, 2003 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 957,302.19 (vendor) $ 130,448.39 (payroll period ending 8/27/03) $1,087,750.58 (total) Reports: Mayor's Report: 1. Change Order for Lighting&Fans for City Council Chambers 2. September 1 1t Patriot's Walk Attorney's Report: City Clerk's Report: City Council Meeting Agenda September 9, 2003 Page 3 Reports (con't): City Treasurer's Report: 1. Annual Treasurer's Police Pension Report City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks& Recreation Report: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. Van Emmon Street Watermain Easement Economic Development Committee Report: 1. Caledonia Preliminary Plan, Amendment to Annexation and PUD Agreement a. Proposed First Amendment to Annexation Agreement and Planned Unit Development Agreement b. Proposed Planned Unit Development Agreement 2. Proposed Planned Unit Development Agreement of New Direction Housing Corporation(Senior Apartment Housing) 3. Resolution Approving Windett Ridge Final Plat 4. PC 2002-27 Fisher Property Preliminary Plan Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Request to Hire Engineering Assistant City Council Meeting Agenda September 9, 2003 Page 4 Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chair: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Kot ECONOMIC DEVELOPMEN'11 Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce Vice Chair: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Ohare Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY! Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Vice Chair: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James City Council Meeting Agenda September 9, 2003 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 (con't) ADMINISTRA TION Committee Departments LiaisonsChairman: Alderwoman Spears Finance Metra Vice Chair: Alderman James Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Munns AD-HOC: TECHNOLOGY ------------------ ------------ Committee Chairman: Alderman Munns Vice Chair: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare AD-HOC: TO URISIV Committee Chairman: Alderwoman Burd Vice Chair: Alderwoman Spears Committee: Alderman James Committee: Alderman Besco �,n United City of Yorkville County Seat of Kendall County EST. -----1_---- � 1836 800 Game Farm Road 4 ++ Cl) Yorkville, Illinois 60560 AGENDA O mIV p Phone:630-553-4350 71 ::`w$2 Fax:630-553-7575 CITY COUNCIL MEETING `LE BEECHER COMMUNITY BUILDING, AUSTIN ROOM 7:00 PM Tuesday, September 9, 2003 ------------- Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, September 22, 2003 6:30 p.m., Tuesday, September 9, 2003 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Monday, September 15, 2003 City Hall Conference Room Administration Committee Meeting: Ad-hoc: Tourism Committee 6:30 p.m., Thursday, September 11, 2003 6:30 p.m., Monday, October 20, 2003 City Hall Conference Room City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, September 25, 2003 City Hall Conference Room Public Hearings: None Citizen Comments: Presentations: None City Council Meeting Agenda September 9, 2003 Page 2 Consent Agenda: 1. Longford Lakes -Letter of Credit Reduction in the amount of$476,517.04 2. Authorize Purchase of 2 PW 2003 Ford F150 Pick-up Trucks- in an amount not to exceed$27,591.20 3. 2003 Joint and Crack Filling Change Order - increase in an amount not exceed$727.20 and authorize Mayor to execute 4. July 2003 Water Report 5. Building Permit Report for June&July 2003 6. Development Flow Charts -Motion to Repeal Previous Flow Chart 7. Monthly Police Reports for July 2003 8. Halloween Trick or Treat Hours on Friday October 31, 2003: 4:00 - 7:00 p.m. Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— August 12, 2003 Minutes of Committee of the Whole— May 6, 2003 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 957,302.19 (vendor) $ 130,448.39 (payroll period ending 8/27/03) $1,087,750.58 (total) Reports: Mayor's Report: 1. Change Order for Lighting&Fans for City Council Chambers 2. September 11th Patriot's Walk Attorney's Report: City Clerk's Report: City Council Meeting Agenda September 9, 2003 Page 3 Reports (con't): City Treasurer's Report: 1. Annual Treasurer's Police Pension Report City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks& Recreation Report: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. Van Emmon Street Watermain Easement Economic Development Committee Report: 1. Caledonia Preliminary Plan, Amendment to Annexation and PUD Agreement a. Proposed First Amendment to Annexation Agreement and Planned Unit Development Agreement b. Proposed Planned Unit Development Agreement 2. Proposed Planned Unit Development Agreement of New Direction Housing Corporation(Senior Apartment Housing) 3. Resolution Approving Windett Ridge Final Plat 4. PC 2002-27 Fisher Property Preliminary Plan Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Request to Hire Engineering Assistant City Council Meeting Agenda September 9, 2003 Page 4 Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 PUBLIC WORKS'; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chair: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Kot ECONOMIC DEVELOPMEN i Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building& Zoning Chamber of Commerce Vice Chair: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Ohare Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFET%1 Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Vice Chair: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James City Council Meeting Agenda September 9, 2003 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 –2004 (con't) ',ADMINISTRATION Committee Departments Liaisons Chairman: Alderwoman Spears Finance Metra Vice Chair: Alderman James Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Munns AD-HOC: TECHNOLOGY; -- ------------------------------------------------------------------------------------ Committee —Chairman: Alderman Munns Vice Chair: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare D-HOC: TOURISM Committee Chairman: Alderwoman Burd Vice Chair: Alderwoman Spears Committee: Alderman James Committee: Alderman Besco eCiTy EST 1836 1836 ® ; ::.llIEJ ti Id °t Li ' 6M a 4.E `vim This process is based on a (minimum) six week cycle. It takes roughly two )( Submit Concept Plan, Fees \ ��eeks to review the application and two weeks to set up the staff meeting. The Petitioner required Park, Plan Commission, and Committee of the Whole meetings can not and Completed Application / be attended (for business) if the application has not been accepted and the staff meeting has not been executed. Also, note that the Park Board Meeting is on the 4th Monday of each month, and the Plan Commission is on the 2nd Wednesday of each month, and the Committee of the Whole Meeting is on the 3rd Tuesday of Staff Meeting - City Administrator, each month, and must be attended in that order. Therefore, in order for the City Land Planner, and Deputy Clerk petitioner to complete the Concept Plan Flow Chart in the least amount of time, review plan— scheduled within two weeks the latest date that the application for the concept plan can be accepted in order to from application's acceptance have the Staff Meeting completed in time for the Park Board Meeting -will be on the first of each month. If the application is turned in before or on the first of the month, the city will have ample time to review and accept the concept plan and then schedule a Park'Board Planning Meeting meeting with the petitioner. If the application is turned in after the first of the fourth Monday of each month month, the petitioner must wait until the next month's scheduled board meeting at 7 pm at the Beecher Center (even if petition is turned in before current month's Park Board Meeting). (only required for developments Please note that because the of the schedule of the meetings and due dates, a with residential components) "late" application could mean that the Concept Plan process could take as long as .___, ,) nine or ten weeks. Plan Commission for Committee of the,Whole for Public Comment and Commission Comment and Council Recommendations held the second Recommendations - held the third Submit New Application, Wednesday of each month at 7 pm Tuesday of each month at 7 pm Specific to Your Request in the City Hall Council Chambers in the Cit Hall Council Chambers Y Revised 09-05-03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE BEECHER COMMUNITY BUILDING, DRAFT AUSTIN ROOM,908 GAME FARM ROAD, ON TUESDAY,AUGUST 12,2003. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Munns Present Ohare Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Dan Kramer,Police Chief Martin,Executive Director of Parks&Recreation Brown and Finance Director Pleckham. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA City Clerk Milschewski amended the agenda by adding the Kendall County Old Jail Proposal Amendment under the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,August 25,2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,August 21,2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,August 14,2003 City of Yorkville Conference Room 800 Game Farm Road Cancelled Public Safety Committee 6:30 P.M.,Thursday,August 28,2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Wednesday,August 20,3003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee 6:30 P.M.,Wednesday,August 27,3003 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS PC 2003-06 Senior Apartment Housing PC 2003-04 Caledonia Mayor Prochaska entertained a motion to go into public hearing for PC 2003-06 Senior Apartment Housing:New Directions Housing Corp.,petitioner,request to rezone from United City of Yorkville B-3 Service Business District to R-4 General Residence District Planned Unit Development for senior citizens and for hearing as to the Planned Unit Development Agreement The Minutes of the Regular Meeting of the City Council—August 12.2003-page 2 Route 47 and Greenbriar Road in the United City of Yorkville,Kendall County,Illinois. Mayor Prochaska also entertained a motion to go into public hearing for PC 2003-04 Caledonia: Inland Land Appreciation Fund L.P.,a Delaware Limited Partnership,petitioner,request to amend the Annexation and Planned Unit Development executed by the United City of Yorkville on March 23, 1995 and recorded with the Kendall County Recorder of deeds Document No 95- 07156 on September 6, 1995 for the Yorkville Business Park for review of preliminary plat. The real property consists of approximately 85.296 acres and is located west of Route 47 and west and north of the Yorkville Business Center,Bristol Township,Kendall County,Illinois. So moved by Alderman Kot;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye Please see attached Report of Proceedings taken before Chris Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of the public hearing. Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderman Besco;seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Ohare-aye Spears-aye,Sticka-aye,Besco-aye CITIZEN COMMENTS Resident Mike McCurdy asked if the annexation of the Swanson property was on the agenda and Attorney Kramer stated that it was not. PRESENTATIONS None CONSENT AGENDA Alderwoman Ohare requested that the Intergovernmental Agreement between the School District and the City be removed from the consent Agenda and placed on the regular agenda under Administration Committee Report. 1. Resolution 2003-32—For the Kendall County Hydro Geologic Resource Assessment -Authorize Mayor and City Clerk to execute 2. Dickson Court—Award Contract to Meyer Paving Inc., in an amount not to exceed $64,659.46 3. Route 34/FGame Farm Road Traffic Signal Change Order for Pavement Striping— authorize City Engineer to execute in an amount not to exceed$1,253.37 4. South Elevated Water Storage Tank—Award contract to CB&I in an amount not to exceed$1,592,000.00 5. South BPS/PRV Station—Award Contract to Seagren Construction in an amount not to exceed$374,095.00 6. Well#7- Award contract to Layne Western,a division of Layne Christensen Co.in an amount not to exceed$685,590.00 7. Route 34/FGame Farm Road Traffic Signal Change Order for Furnishing and Placing Topsoil—authorize City Engineer to execute in an amount not to exceed$1,108.80 8. Resolution 2003-33—Acknowledging the Cable System Upgrade and Designating the Southwest Fox Valley Cable&Telecommunications Consortium as Agent- Authorize Mayor and City Clerk to execute 9. Monthly Police Reports for June 2003 10. Kopy Kat Copier Proposal-authorize Finance Director to execute in an amount not to exceed 60 monthly rental payments of$1,586.00 each 11. Williams Development,Ltd.—Change Order#00011 for Yorkville City Office and Police Dept.-authorize Mayor to execute in an amount not to exceed$27, 240.05 12. Resolution 2003-34- Approving the hiring of two additional Police officers- Authorize Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as modified. So moved by Alderwoman Spears;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticks-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the City Council-August 12,2003-page 3 MINUTES FOR APPROVAL Alderwoman Ohare noted that the heading date was incorrect on pages 5-8 of the City Council meeting minutes. Clerk Milschewski noted it was her typing error and should be July 22,2003. A motion was made by Alderwoman Spears to approve the minutes of the City Council meeting from July 22,2003 as corrected;seconded by Alderwoman Burd. Motion approved by a viva voce vote. A motion was made by Alderwoman Spears to approve the minutes of the Committee of the Whole meeting from May 6,2003;seconded by Alderman Munns. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Detailed Board Report dated August 8,2003 totaling the following amounts:checks in the amount of$553,643.61(vendor)and$125,667.82(payroll period ending 07/30/03)for a total of $679,311.43;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye REPORTS MAYOR'S REPORT Kendall County Old Jail Proposal Amendment Mayor Prochaska reported that he needed the Council's authorization in order for him to send the Letter of Proposal to Kendall County for the acquisition of the old jail building. The City is asking the county to respond to the letter within 120 days. Mayor Prochaska entertained a motion to authorize him to send the Letter of Proposal to Kendall County for the acquisition of the old county jail. So moved by Alderman Kot;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticks-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Board Appointments Mayor Prochaska recommended Lorene Frieders to the Human Resource Committee. She is taking Rose Kahle's place.Mrs.Kahle retired from the Commission. He entertained a motion to approve the appointment of Lorene Frieders to the Human Resource Commission. So moved by Alderman Sticka;seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Munns-aye,Spears-aye,Sticks-aye Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held August 16,2003 at Dave's Meat Market on Route 47 and Landmark Drive from 9:30 to 11:00 A.M. ATTORNEY'S REPORT City Attorney Dan Kramer reported that at their City Council meeting,the City of Plano approved the real estate contract with the United City of Yorkville for the purchase of the well site. The transaction will probably close in late August and there will be an ordinance passed for the sale at the next United City of Yorkville City Council meeting. A public hearing for the sale in not needed. CITY CLERK'S REPORT City Clerk Milschewski welcomed Alderwoman Spears back after having been off after hip replacement surgery. She also reported that she had the Council's confirmation information for the Illinois Municipal League Conference. She asked the members of the Council who had not received them to make sure they pick them up from her. The Minutes of the Regular Meeting of the City Council-August 12,2003-page 4 CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Hazardous Waste Pick-up Administrator Graff reported that the Kendall County Solid Waste Division contacted the City requesting the use of the Beecher Community Center for a hazardous waste pick-up. An application for the pickup has been submitted and he will keep the Council informed as to the exact date. Brush Pickup Administrator Graff reported that all the brush from the last storm has been picked up. Director of Public Works Eric Dhuse asked that anyone who may have been missed,please call the City to schedule a pickup. The next regularly scheduled brush pickup will be the week of August 25, 2003. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION Fall Brochure Executive Director of Parks&Recreation Brown reported that the fall brochure is out and advertisements in the brochure funded$4,000.00 of the approximately$5,000.00 printing cost. Co-ed Softball She also report that the first adult co-ed softball league will begin Thursday,August 14,2003. CHIEF OF POLICE REPORT New Officers Chief Martin reported that the Police Department would be having its power and written tests for new applicants on August 16,2003. 160 applications were sent out, 105 were returned and 91 applicants will be taking the test. A list of candidates will be compiled after the test. Part-time Secretary Chief Martin reported that the Department is also in the process of hiring a part-time secretary. They received 30 applications and there are 8 individuals to be interviewed. The position should be filled by Friday,August 15,2003. Identi-Kits Chief Martin reported that the Department is partnering with Jewel-Osco in supplying 600 identi- kits to be given to families in the area. The kits are used to provide ID's for children. Jewel is contributing$355.00 of the$710.00 cost for the kits. COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitors Bureau Alderwoman Burd reported she attended two meetings connected with the AACVB. The Strategic Planning Committee discussed their mission statement,goals and plan of action. The Marketing Plan Committee discussed the consumer market;small meeting,convention and family reunion market;motor coach business;special events;sports market;public relations; international market and product development. She also noted that Sue Vos,Executive Director of the AACVB,and Tess Wackerlin,the Special Events Director for the City of Aurora,will be attending the Ad Hoc Tourism Committee meeting on August 27,2003. Park Board Mayor Prochaska reported he attended the Park Board meeting where they requested a joint meeting with the City Council in order for the new members to get acquainted with the City Council. He asked Administrator Graff and Executive Director of Parks&Recreation Brown to schedule a date COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Fox Hill Recapture Agreement A motion was made by Alderman Besco to approve Fox Hill Recapture Agreement for Sanitary Sewer and Water Improvements and to authorize the Mayor and City Clerk to sign the agreement upon staff and legal review;seconded by Alderman Sticka Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye The Minutes of the Regular Meeting of the City Council—August 12,2003-page 5 (Resolution)2003-35 NPDES Phase 2 Storm Water Requirements A motion was made by Alderman Besco to approve a resolution to pay the National Pollutant Discharge Elimination System Fees to the Illinois Environmental Protection Agency under protest and to authorize the Mayor and City Clerk to execute and submit a protest letter;seconded by Alderman Sticka. Mayor Prochaska commented that the reason for the protest letter is because there is a question on the legality of a municipality having to pay the annual fee of$1,000.00 to the state. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye Request to Purchase 2004 International Truck Model 7400 A motion was made by Alderman Besco to approve the proposal for a 2004 International Truck Model 7400,per State of Illinois Bid#211124 Contract with Purchase Order#4009654,Single Axel unit from Monroe Truck Equipment of Joliet,Illinois the body for$33,477.00 and from Prairie International Trucks,Inc.,Springfield,Illinois the chassis for$40,845.00 with the total not to exceed$74,865.00;seconded by Alderman Sticka. Alderwoman Ohare commented that she was astounded by the cost of the vehicle. Alderman Besco noted that the cost for this truck is lower than the last two trucks the City purchased. Administrator Graff stated that the funding for the vehicle is available in the Public Works Capital Fund. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance)2003-50 Rescind Duplicate Ordinance 2003-37 Amending Title 10, Chapter 6,Article 6A,Section 2 to provide for Historic Preservation of Structures within the R-1 Estate Class One-Family Residential A motion was made by Alderman Sticks to approve an ordinance rescinding duplicate Ordinance 2003-37;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticks-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye (Ordinance)2003-51 Approving Variances for Rear-Yard Setbacks for Residence located at 2147 Kingsmill Street A motion was made by Alderman Sticks to approve an ordinance approving variances for rear- yard setbacks for residence located at 2147 Kingsmill Street,Yorkville,Illinois;seconded by Alderman Besco. Mayor Prochaska commented that this received a positive recommendation from the Zoning Board of Appeals and the Economic Development Committee. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticks-aye (Ordinance)2003-52 Authorizing the Execution of a Development and Annexation Agreement for Gail A.Fischer,Gary L.Conover, Diane J.Conover,John E.Lies,Dolores C.Lies and Kimball Hill Homes A motion was made by Alderman Sticks to approve the annexation agreement of Gail A.Fischer, Gary L.Conover,Diane J.Conover,John E.Lies,Dolores C.Lies and Kimball Hill Homes and to authorize the execution of the agreement by the Mayor and City Clerk subject to staff and legal review of the final exhibits for confirmation of the exhibits;seconded by Alderwoman Spears. Administrator Graff noted that there were changes regarding the front funding of fees made in the last few days. The Bristol-Kendal Fire District asked that their fees be paid up front so that they could be applied to the new fire station on the north side of Yorkville and the City also asked that the developer front fund the municipal fees. The developer agreed to this upon final plat. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Kot-aye,Munns-aye,Ohare-aye, Spears-aye,Sticka-aye,Besco-aye,Prochaska-aye The Minutes of the Regular Meeting of the City Council-August 12,2003-page 6 (Ordinance)2003-53 Annexing Fisher Property A motion was made by Alderman Sticka to approve an ordinance annexing properties to the United City of Yorkville,Kendall County,Illinois known as the Fisher property;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT (Ordinance)2003-54 Establishing Raintree Village SSA A motion was made by Alderwoman Spears to approve an ordinance establishing a Special Service Area#2003-100 for Raintree Village and authorize the Mayor and City Clerk to sign and executes the documents pending final legal;seconded by Alderman Munns. Mayor Prochaska noted that this is to establish an SSA for infrastructure and will appear on the tax bills for residents in that subdivision only. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye (Ordinance)2003-55 Providing for Issuance of SSA Tax Bonds for Raintree Village A motion was made by Alderwoman Spears to approve an ordinance providing for issuance of Special Service Area Tax Bonds for Raintree Village;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye (Ordinance)2003-56 Establishing Windett Ridge SSA A motion was made by Alderwoman Spears to approve an ordinance establishing a Special Service Area#2003-101 for Windett Ridge and authorize the Mayor and City Clerk to sign and executes the documents pending final legal;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye, Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye (Ordinance)2003-57 Providing for Issuance of SSA Tax Bonds for Windett Ridge A motion was made by Alderwoman Spears to approve an ordinance providing for issuance of Special Service Area Tax Bonds for Windett Ridge;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye Intergovernmental Agreement between School District,City, Parks and Recreation and Police for the Exchange of Facilities and Services A motion was made by Alderwoman Spears to approve an Intergovernmental Agreement between School District,City,Parks and Recreation and Police for the Exchange of Facilities and Services and to authorize the Mayor and City Clerk to sign and execute the documents pending fmal legal review;seconded by Alderman Munns. Alderwoman Ohare commented that at the last Committee of the Whole meeting Alderwoman Spears requested a breakdown of the costs. Alderwoman Ohare noted that she would also like to see this. Mayor Prochaska explained that he has the information and he discussed it with Alderwoman Spears. The breakdown indicates that the agreement is more favorable to the City in the amounts of dollars exchanged at this point based on the city using the maximum use of the facilities. He indicated that he would show the information to Alderwoman Ohare. Executive Director of Parks&Recreation Brown stated that there would be a quarterly report made to the City Council indicating what facilities were used and the funds expended. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Burd-aye,Kot-aye,Munns-aye,Ohare-present,Spears-aye,Sticka-aye,Besco-aye The Minutes of the Regular Meeting of the City Council-August 12,2003-page 7 ADDITIONAL BUSINESS Alyssa D'Anna Alderman Sticka noted that Alyssa D'Anna has been working for the City this summer. She has been entering all the resolutions and ordinances in a data base in order to make it easier to search for documents. Fox Hill SSA Alderman Munns asked for clarification on the process of establishing an SSA for the Fox Hill subdivision since the Fox Hill Homeowners Association has voted to establish one. Attorney Kramer and Mayor Prochaska explained the process which includes a public hearing in order to create a levy and establish an ordinance. Riverfront Festival Mayor Prochaska reported that he had sign-up sheets for the Council to donate time selling wristbands,duck tickets or manning the hole-in-one booth at the Riverfront Festival August 29- 31,2003. Grant Writer Alderwoman Ohare asked if there was any information available regarding the grant writer. Alderwoman Spears indicated that this would be discussed at the Administration Committee meeting on August 14,2003. Director Brown stated that the grant writer is currently working on two grants. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session for the collective negotiation matters between public employers and their employees or representatives. He asked that the City Clerk,City Treasurer and City Attorney to be included in the session. He stated that he anticipated action being taken after the end of the session. So moved by Alderman Sticka;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye The regular session broke at 8:15 P.M.The Council took a ten minute break. The City Council returned to regular session at 8:40 P.M. Administrator Graff Employment Contract Mayor Prochaska entertained a motion to approve an agreement with the City Administrator Anton Graff and the United City of Yorkville and authorize the Mayor and City Clerk to execute the agreement as presented with mark-ups on the contract. So moved by Alderman Sticka; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye, Spears-aye,Sticka-aye,Besco-aye,Burd-aye ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderwoman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois _ _ ORIGINAL ' COMMISSION 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. , R . P . R . , on August 12 , 2003 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road, in the City of Yorkville, Illinois . D-665103 -41, —c- )-- DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com City Council Meeting Multi-Page`'` United City of Yorkville,Illinois August 12, 2003 - 7:00 p.m. Page 2 Page 4 1 PRE SENT: 1 we go into both of them or do we have to do them 2 MR. ARTHUR F. PROCHASKA, Mayor; 2 separately? 3 MR. RICH STICR1t, Alderman; 3 MR. KRAMER: Which ones? 4 MR. PAUL JAMES, Alderman; 4 MR. PROCHASKA: The apartment 5 MS. VALERIE BURR, Aldervoman; 5 housing. 6 MR. LARRY ROT, Alderman; 6 MR. KRAMER: No,we can do them both 7 MR. MARTY MOANS, Alderman; 7 together. 8 MS. NANDA OHARE, Aldervoman; 8 MR. PROCHASKA: Okay. I'd make a 9 MR. JOE BESCO, Alderman; 10 MS. ROSE ANN SPEARS, Aldervoman; 9 motion to go into public hearing for the purpose 10 of discussion and taking public comment on PC 11 MR. BILL POWELL, City Treasurer; 12 MS. JACRIE MILSCHEMSRI, City Clerk. 11 2003-06,senior apartment housing,New Directions 13 12 Housing Corp.,petitioner,request to rezone from 14 APPEARANCE s: 13 United City of Yorkville B-3 Service Business 15 LAW OFFICES OF DANIEL J. KRAMER 14 District to R-4 General Residence District 1107A Bridge Street 15 Planned Unit Development for senior citizens and 16 Yorkville, Illinois 60560 BY: MR. DANIEL J. KRAMER, 16 for hearingas to theplannedunit development of 17 appeared on behalf of the United p 18 City of Yorkville, Illinois. 17 the petitioner. 19 18 The real property consists of 20 19 3.48 acres and is located at the southwest corner 21 20 of Route 47 and Greenbriar Road,actually near 22 21 the intersection of Route 47 and Greenbriar Road, 23 22 United City of Yorkville,Kendall County, 24 23 Illinois. 24 And public hearing for PC Page 3 Page 5 1 (Pledge of 1 2003-04, Caledonia, Inland Land Appreciation 2 Allegiance) 2 Fund, L.P., a Delaware limited partnership, 3 MR. PROCHASKA: Roll call. 3 petitioner,request to amend the annexation and 4 MS. MILSCHEWSKI: James? 4 Planned Unit Development executed by the United 5 MR. JAMES: Here. 5 City of Yorkville on March 23rd, 1995, and 6 MS. MILSCHEWSKI: Sticka? 6 recorded with the Kendall County Recorder of 7 MR. STICKA: Here. 7 Deeds Document Number 95-07156 on September 6, 8 MS. MILSCHERSRI: Burd? 8 1995, for the Yorkville Business Park for review 9 MS. HURD: Here. 9 of preliminary plat. 10 MS. MILSCHEWSKI: Rot? 10 The real property consists of 11 MR. ROT: Here. 11 approximately 85.296 acres and is located west of 12 MS. MILSCHEWSKI: phare? 12 Route 47 and west and north of the Yorkville 13 MS. OHARE: Here. 13 Business Center, Bristol Township,Kendall 14 MS. MILSCHEWSKI: Munns? 14 County,Illinois. 15 MR. MOANS: Here. 15 MR. KOT: So moved. 16 MS. MILSCHEWSKI: Besco? 16 MR. STICKA: Seconded. 17 MR. BESCO: Here. 17 MR. PROCHASKA: Moved and seconded. 18 MS. MILSCHENSKI: Spears? 18 May we have roll call,please? 19 MS. SPEARS: Here. 19 MS. MILSCHEWSKI: Besco? 20 MR. PROCHASKA: We do have a quorum 20 MR. BESCO: Aye. 21 this evening. 21 MS. MILSCHEWSKI: Burd? 22 (discussion had off 22 MS. BURD: Aye. 23 the record) 23 MS. MILSCHEWSKI: Kot? 24 MR. PROCHASKA: First public -- Can 24 MR. KOT: Aye. Depo Court Reporting Service Page 2 - Page 5 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page"` United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 6 Page 8 1 MS. MILSCHEWSKI: Munns? 1 through loans,through the state, Illinois 2 MR. MUNNS: Aye. 2 Housing,tax credits and so forth. 3 MS. MILSCHEWSKI: Ohare? 3 It would be one and two-bedroom 4 MS. OHARE: Aye. 4 units. There would be on-site management. There 5 MS.MILSCHEWSKI: Spears? 5 would be a community room,outdoor facilities,a 6 MS. SPEARS: Aye. 6 patio,there is plenty of room for a garden if we 7 MS. MILSCHEWSKI: Sticka? 7 decide to put one in, on-site parking. We have 8 MR. STICKA: Aye. 8 included in the design a carport structure. 9 MR. PROCHASKA: Motion is carried. 9 As you can see,the site is 10 We are in public hearing,and the first one we 10 plenty large enough for this development to have 11 will take will be PC 2003-06, senior housing, 11 on-site.detention and landscaping. 12 senior apartment housing. 12 It's currently surrounded by 13 Does anyone here want to 13 single-family homes,or at least lots to be 14 comment,make a statement? 14 developed into single-family homes. This 15 UNIDENTIFIED AUDIENCE MEMBER: No,I 15 landscape berm currently exists,we would 16 am from-- 16 probably add to that. 17 MR. PROCHASKA: Yeah, I know. Okay. 17 We are requesting to go from a 18 Dan, do you want to kind of say anything on 18 B-2 to an R-4 zoning with I guess a variance for 19 this? 19 some additional units based upon your current 20 MR. KRAMER: Basically this is 20 R-4 zoning. The setbacks range from about 85 21 property that is being developed at the location 21 feet to 115 feet,so that well exceeds your 22 the Mayor had indicated. 22 requirements. 23 There is a planned unit 23 MR. PROCHASKA: How many total units 24 development agreement,and the primary purpose 24 are you looking at there? Page 7 Page 9 1 for that is to limit it to seniors,it's 62 years 1 MR. BROWN: This building is 50 2 of age and over. 2 units. That would be the most. 3 It sets out the terms of the 3 MR. PROCHASKA: And that would be a 4 type of design and the building criteria and so 4 density of about 15? 5 on, so we had the zoning public hearing and Plan 5 MR. BROWN: Yeah, 14, 15. Right now 6 Commission last month and the hearing tonight is 6 I think eight is the maximum. 7 specifically in the format of the agreement, 7 MR. PROCHASKA: Okay. But this 8 which should be in your City package. 8 would be age limited? 9 MR. PROCHASKA: Okay. Sir,would 9 MR. BROWN: Age restricted,yes. 10 you state your name for the record,please? 10 MR. PROCHASKA: And we are looking 11 MR. BROWN: Roger Brown. 11 at 55 and older? 12 MR. PROCHASKA: Okay. And,Roger, 12 MR.KRAMER: 62 and older. 13 do you want to tell us a little bit about this? 13 MR. PROCHASKA: 62. 14 WHEREUPON: 14 MR. BROWN: Well,either. I can do 15 ROGER BROWN, 15 either. 16 testified before the Council as follows: 16 MR. PROCHASKA: I'm just asking. 17 MR. BROWN: Sure. As was just 17 MR. STICKA: Mr. Mayor,this is the 18 mentioned,the site is located at Greenbriar Road 18 first time I am hearing about this 62. I thought 19 and 47,just a little bit east. This is the 19 we hadn't made a decision on that. 20 landscaping, Ground Effects,company. The site 20 MR. BROWN: We had discussed it 21 is 3.48 acres,plus or minus. 21 previously,Mr. Sticka recommended 55,which I 22 What we are proposing is a 22 can go down to if you want. 23 three-story apartment building for seniors 62 and 23 MR.KRAMER: If you want,I mean, 24 over, affordable housing that would be funded 24 there is no-- Dego Court Reporting Service Page 6 - Page 9 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page TM United City of Yorkville,Illinois August 12, 2003 - 7:00 p.m. Page 10 Page 12 1 MR. STICKA: This may not be the 1 had. 2 time for us to thrash that out,but that's why I 2 MR. KRAMER: I will talk with Bill 3 was-- 3 Dettmer and make sure. 4 MR. PROCHASKA: Well,in any case,I 4 MR. PROCHASKA: Yeah. Okay. 5 am just trying to make my point,it is an-- 5 Because I know we are bringing everything up to 6 MR. BROWN: It is age restricted. 6 35. 7 MR. PROCHASKA: --age restricted. 7 MR. KRAMER: R-4. 8 MR. BROWN: Whatever we agree on, 8 MR. PROCHASKA: R-4 PUD. 9 the minimum would be 55. 9 MR. STICKA: Just one last comment. 10 MR. PROCHASKA: Okay. At this time 10 This in my opinion is probably less intrusive for 11 I would open up the floor to anyone that would 11 the neighboring residential properties than the 12 have any comments on this and would like to 12 possibilities of whatever commercial might have 13 approach the Council. 13 come in there. 14(No response) 14 MR. PROCHASKA: Larry? 15 MR. PROCHASKA: Hearing none, are 15 MR.KOT: Speaking of commercial, 16 there any comments from the Council at this 16 physically how close are you going to be to the 17 time? 17 landscaping business that's already in 18 MS. OHARE: I would like to make a 18 existence? 19 comment that your drawing is very,very nice. 19 MR. BROWN: From the edge of the 20 You know,we went round and round about that. 20 building to the edge of the property it's over a 21 You did a very nice job. It looks good. 21 hundred-- it's 140 feet. 22 MR. BROWN: Thank you. 22 MR. KOT: And you have garages or 23 MR. PROCHASKA: The elevation of the 23 whatever--Those aren't garages,but they are 24 building? 24 what,overhead-- Page 11 Page 13 1 MS. OHARE: Yes. 1 MR. BROWN: Yeah,carports. 2 MR. STICKA: I criticized the 2 MR. KOT: As kind of a buffer 3 original designs and I think there is an 3 between--because I guess the point I am getting 4 improvement a lot. 4 at is obviously that business has been 5 And as far as the age 5 established there for some time, and being that 6 restriction, I restate my position on that, I 6 they are in the landscaping business,there is 7 don't see any benefit in the age restriction any 7 some noise that comes from there once in awhile 8 higher than age 55. 8 with trucks and so forth. 9 MR. PROCHASKA: Okay. And I guess, 9 MR. BROWN: There is a barn here, 10 Dan,just for clarity,the variances would be the 10 and I believe their building backs up to the-- I 11 density,which would be the 14 plus or minus 11 believe. 12 units per acre and the fact that he is putting in 12 MR. PROCHASKA: I think they have 13 covered parking,but it's not enclosed as per the 13 the concrete-- 14 ordinance,for multi-family,but then this is-- 14 MR. KOT: Right, like a barrier. 15 the PUD is age restricted. 15 MR. PROCHASKA: --banks. It's not 16 MR. BROWN: There was a height 16 a building. 17 variance. 17 MR. BROWN: Right. So I mean, as 18 MR. KRAMER: Right. 18 you can-- I mean,we can move-- If you have a 19 MR. PROCHASKA: Okay. 19 recommendation we can move the building,but this 20 MR. KRAMER: From 25 to 35 feet. 20 is about 140 feet, so-- 21 MR. PROCHASKA: Right. 21 MR. KOT: I guess where I am going 22 MR. STICKA: Is there a height 22 with this,I would just hate to see you put this 23 variance or didn't we change the ordinance? 23 up and all of a sudden some of your residents 24 MR. PROCHASKA: Yeah,I thought we 24 complain because when they go outside they have Depo Court Reporting Service Page 10 - Page 13 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page`"` United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 14 Page 16 1 to listen to tractors or trucks and that. I just 1 products, some duplex in as buffer and so on, and 2 want you to be prepared for that situation. 2 ultimately the Plan Commission gave the 3 MR. PROCHASKA: I think probably one 3 petitioner direction that they would rather see 4 of the answers to that,too,Larry,is that-- 4 single-family in the area than a mix of duplex 5 and just looking at the drawings, I see the 5 product, so the petitioner has come back with a 6 patios are kind of on the back side of the 6 product that actually is way below the annexation 7 building units, so now you've got the building 7 agreement. 8 between that,too. That's a good point,though. 8 I believe the total density is 9 Any comments from anyone? 9 2.4 -- 10(No response) 10 MR. HANLON: Right. 11 MR. PROCHASKA: If not,we are going 11 MR. KRAMER: --dwelling units per 12 to move on to the next item,which is PC 2003-04. 12 acre, so single-family,they didn't come up 13 Thank you, sir. 13 anywhere near the maximum they were permitted 14 MR. BROWN: Thank you. 14 under the agreement. 15 MR. PROCHASKA: Caledonia. Who is 15 The purpose of tonight's public 16 here representing-- 16 hearing again is considering this as an amendment 17 MR.HANLON: I am. 17 to the original PUD. 18 WHEREUPON: 18 By going to the residential on 19 CHARLES HANLON, 19 it,there is some different rules they are under 20 testified before the Council as follows: 20 in terms of fee payment and so on because there 21 MR. PROCHASKA: Okay. Dan,do you 21 is no development fees under the manufacturing 22 want to lead us into this a little bit,too? 22 and so on;this they pay under this particular 23 MR.KRAMER: Caledonia development 23 agreement, so that's the reason for the public 24 was part of the original Yorkville Business 24 hearing. Page 15 Page 17 1 Park's annexation and zoning when F.E.Wheaton 1 MR. PROCHASKA: Okay. And then the 2 came to the City of Yorkville. 2 probably one issue is that--is the lot sizes go 3 Under the original annexation 3 down from a minimum of 9,135 something? 4 and Planned Unit Development agreement with the 4 MR. HANLON: The minimum lot areas 5 City,the portion that's now shown in bright 5 we find on a lot standard is 9,350 square feet 6 yellow on the preliminary PUD site development 6 with a minimum width of 70 feet and a minimum 7 plan for the most part was included in the 7 sideyard setback of seven and a half feet. 8 industrial/B-3 zoning. 8 MR. PROCHASKA: And the average lot 9 There was a clause in the 9 size? 10 annexation agreement that gave I believe a period 10 MR. HANLON: The average lot size is 11 of six years from the date of approval that if 11 a little over 12,000. 12,124 square feet. 12 the owners of the industrial park did not find a 12 MR. PROCHASKA: Okay. Can you state 13 market for that portion of the property at that 13 your name for the record, please? 14 time over that six-year period,they reserve the 14 MR. HANLON: Yes. Charles Hanlon. 15 right to come back to the City and ask for 15 And I gave her my card, so she's got the address. 16 development under a residential zoning class,and 16 I can state it if you want me to,but she's got 17 they were permitted under that agreement--or 17 it. I am here representing Inland Real Estate 18 maybe a better way to state it is they were 18 this evening. 19 entitled to four dwelling units per acre under 19 MR. PROCHASKA: So at this time I 20 that agreement. 20 would--Well, I'd ask if you have any comments 21 Basically they have gone 21 you want to make before we-- 22 through the time frame,they have come back 22 MR. HANLON: I will just make a 23 several times to the City with different 23 couple of additional brief comments. There 24 concepts,mixing and matching, some multi-family 24 are-- Since the time that Inland has focused on Depo Court Reporting Service Page 14 - Page 17 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Paget United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 18 Page 20 1 a single-family plan,there was still yet some 1 into existing retention basins that were 2 evolution,which included input from the Park 2 originally engineered to take into account the 3 Board and input from your village planner in 3 run-off of this site, so they have been 4 terms of the orientation of some of the roadways, 4 pre-engineered,and basically they are already in 5 particularly the location for stubs by going 5 place,having been constructed as part of the 6 north and west to adjacent properties,there is 6 F.E.Wheaton Industrial Park improvements 7 one stub out here to the east. 7 previously,so that's in place,but on-site,and, 8 One point on the Park District 8 again,the legal description of this property as 9 plan to note,there is --the black line here is 9 proposed is for the residential subdivision at 10 actually the boundary of this legally described 10 the time. 11 area that's being proposed for this residential 11 MR. PROCHASKA: Okay. 12 development. 12 MR. HANLON: We developed--Unless 13 That dimension wasn't at a 13 you want me to, I won't read through every 14 depth,the Park District could place the 14 detail. 15 recreation,maybe soccer fields or something they 15 There are a few more numbers 16 were looking at,but Inland has some high and dry 16 here in terms of setbacks,but primarily seven 17 land here that's just open space that's north of 17 and a half for sideyard and the average minimum 18 the existing stormwater retention areas,which 18 lot areas were standards that we needed to put in 19 they are still going to build a--to the City 19 place,which I believe you put in the form of an 20 for use of recreation, it just happens to slip a 20 ordinance,to in a sense modify or amplify the 21 little outside the box of,you know,the legally 21 original PUDs which did not have that specific 22 described area that is the subject of the public 22 standards previously. 23 hearing this evening. 23 With that,I would certainly 24 Just to mention,the primary 24 try to answer any questions. Page 19 Page 21 1 access is off of Corneils Road,and there is an 1 MR. PROCHASKA: Okay. At this time 2 outlet through the industrial park right past 2 I would open the floor to anybody that would have 3 F.E.Wheaton over to Route 47. 3 any comments or would like to address the Council 4 This will obviously be signed 4 on this. 5 to prohibit any truck traffic from traveling 5(No response) 6 north through the residential,it's certainly a 6 MR. PROCHASKA: Anyone? 7 residential traffic use. 7(No response) 8 As an exit point,which is 8 MR. PROCHASKA: Hearing none, is 9 actually for an industrial area--I am sure you 9 there anything that the Council would like to 10 are all quite familiar--this is a fairly 10 comment on? Yes,Wanda. 11 attractive drive in part because through the 11 MS. OHARE: Did you say the lots are 12 original annexation-- I can't remember if it was 12 70 feet wide? 13 five or seven acres,probably seven--but a 13 MR. HANLON: Minimum width. Many 14 significantly heavily wooded area here was 14 lots are wider than that. That would be the 15 dedicated to the city as a park,which actually 15 minimum width. 16 takes up most of the frontage of that roadway as 16 And that's-- I didn't really 17 you drive through there,driving past the 17 bring it up,but the Plan Commission had asked 18 retention basin. 18 for a typical elevation so that they could get a 19 Just a comment on retention, 19 sense as to what the streetscape would look like 20 the reason you are not seeing any basins on this 20 with a 15-foot separation. 21 property except for this small one here,there is 21 And obviously not every home 22 a--there is a ridge line in this area. Just a 22 would be the maximum width, so,therefore, 15 23 very small portion of the property drains to the 23 feet is the minimum,but in many cases there will 24 north;most of the property drains to the south 24 be obviously greater than 15 feet between Depo Court Reporting Service Page 18 - Page 21 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page`"` United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 22 Page 24 1 buildings because not every home on every lot 1 MR. HANLON: Well,again,I don't 2 would be the maximum we are building. 2 think we just walked in with a blank piece of 3 MS. OHARE: I am familiar with why 3 paper and said, "Where do you want the park?" 4 you were allowed to have lots below the 9,000 and 4 We placed it there and they 5 so many under 12,000,but I still would like to 5 accepted that location and we were able to-- 6 see more over 12,000 at least,with a minimum 6 because of the adjacency to the open space we 7 number of such small lots. 7 were able to extend the park actually beyond-- 8 I know again that you are doing 8 you know,there is obviously a land cache flowing 9 single-family instead of multi housing and I 9 that deals with the park dedications, and the 10 realize this is an amendment to the original 10 land that is below the subdivision really isn't 11 plan,but I would really like to see the 11 subject to that,so Inland was able to just take 12 developer come up with larger lots. There is an 12 some of-- 13 awful lot of 9,000-plus lots. 13 MS. BURD: Have you-- Has the 14 MR. PROCHASKA: Is there any other 14 developer considered using that in a way to help 15 comment? 15 with these smaller lots? Was that a design 16 MS. BURD: I have a question. 16 element? Have they considered that at all? 17 MR. PROCHASKA: Yes,go ahead. 17 MR. HANLON: Well,I don't know if 18 MS. BURD: Could you tell us why is 18 you are talking about moving it north or 19 the park in that position? Did the Park Board, 19 something like that-- 20 could you re--go over that? Why is the park-- 20 MS. BURD: Well, or back in--or 21 Why is that park--Why did they pick that spot 21 somehow using it to back up the smaller lots to 22 just to stick the park? 22 it. 23 MR. HANLON: I don't know if they 23 Have you considered that as a 24 picked that spot; there was some evolution in the 24 design element at all,being aware of us having Page 23 Page 25 1 discussions,but one advantage that I think that 1 other developers coming in and doing that? 2 they did like was that it is directly north of 2 MR. HANLON: It's always-- We've 3 this much larger open space area, so it sort of 3 always considered it in this location I guess. 4 connects it to a much larger open space, so in a 4 MR. PROCHASKA: And I think what we 5 sense they--you will have a certain land 5 need to look at,too,is what the Park Board's 6 dedication,but it's adjacent to a larger open 6 thoughts for the use of the property are 7 space,there is a lot more expansive vista view 7 because I know what you are saying,they are 8 out that direction down to the south and 8 using it as the green space-- 9 southwest, so I think that was part of the 9 MS. BURD: That's why I asked who 10 reason. 10 decided-- 11 MS. BURD: My only comment is that 11 MR. PROCHASKA: --but then it 12 that wasn't used at all to kind of ameliorate 12 actually-- 13 having these small lots where sometimes 13 MS. BURD: --where it went. 14 developers will come in and have these really 14 MR. PROCHASKA: Right. It would not 15 small--you know,the small lots against open 15 have been used so much for an active park space, 16 space,which is something we like to see. 16 but it would have been more like a trail system. 17 You would actually have larger 17 MR.HANLON: Our indication is they 18 lots backing up to the open space and the smaller 18 want to make this very active. 19 lots elsewhere. Is that correct? 19 MR. PROCHASKA: I am going to ask 20 MR. HANLON: That would be a correct 20 Laura,Laura can you just-- 21 statement,but again,I think it was the 21 MS.BROWN: Yeah. Originally the 22 adjacency of the great open space that-- 22 first was for a small linear park and that also 23 MS.BURD: Who actually selected the 23 had one that went to the south end of the 24 spot,though? Was it the Park Board or-- 24 property,I think we actually were ending up Depo Court Reporting Service Page 22 - Page 25 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page`M United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 26 Page 28 1 with two,and the Park Board's direction was to 1 through the neighborhood, so that's probably how 2 have one larger park so that we could use active 2 a lot of people would access that park. 3 recreation rather than smaller parcels,and then 3 MS. BURD: Would there be any plans 4 Inland stepped forward and said in addition to 4 to put lights on this site for baseball fields? 5 this park we'll also give you some additional 5 MS. BROWN: There is no specific 6 space so that you can expand your active 6 plans right now. We would obviously take into 7 recreation,because our concern with this was did 7 consideration the close proximity of the houses, 8 we have enough depth that if we wanted to put a 8 so-- 9 baseball field in did we have enough feet that we 9 MS. BURD: So I was thinking with 10 could do that,and Inland stepped forward and 10 the industrial site on the other side,this -- 11 said, "We will take that out of the scenario,we 11 MS. BROWN: Probably not. 12 will give you some additional land so that we 12 MS. BURD: --might be an 13 guarantee that you do." 13 opportunity for the residents to complain if it 14 MR. MUNNS: I have a comment,too, 14 wasn't situated the right way,the lights to be 15 and that's to a baseball field. I mean,every 15 shining-- 16 developer comes in,they've got a park where 16 MS. BROWN: Yeah. Probably not 17 they're going to put a soccer goal post up and 17 because usually you would like a complex versus a 18 call it a park, for soccer. 18 one-field type thing. 19 I mean,baseball,in the 19 MS. BURD: Okay. 20 American pastime. We have no fields for kids to 20 MS.BROWN: We have a complex that 21 play in. That's the kind of parks we need to 21 we are looking at in a different location. 22 have,not a little square thing that you can kick 22 MS. BURD: Okay. Well,it seems to 23 a soccer ball around,which nobody-- I don't see 23 me like this is also a balance between a regional 24 anybody using them. 24 city use and something for the subdivision Page 27 Page 29 1 I want to see more baseball 1 itself. We have to decide what's the balance 2 fields so the kids have somewhere to play because 2 of--what's more important. 3 next year when there is no fields for youth 3 MR. HANLON: I would agree with 4 baseball,we've got to build some. 4 that,that did go into the consideration as it 5 MS. BROWN: That was the reason why 5 developed. 6 we wanted a larger piece because based on what 6 MS. SPEARS: I just wanted to say 7 the land cache,we were ending up with a smaller 7 that I am in full agreement with Alderwoman Ohare 8 spacing where we wouldn't be able to put in a 8 and Alderwoman Burd. 9 baseball field,and that's where Inland stepped 9 As far as the open green space 10 forward,because we were adamant we needed at 10 behind the houses,that was the only way that 11 least 200 feet depth in a park, 400 is more 11 previously I would vote for it. 12 doable,and Inland stepped forward and said, 12 If there is no green space and 13 "Here we go,we will create that for you." 13 you have so many smaller lots, I am not satisfied 14 MR. HANLON: There is also a lot of 14 with it. 15 single loaded road,which gives a lot of visual 15 MR. PROCHASKA: Okay. Anyone else? 16 and physical access to the park. 16 MR. STICKA: I just want to say I 17 For what it's worth,if it 17 had mentioned earlier that Mike Schoppe had made 18 starts to become more of a-- sounds like it's 18 a presentation to the Plan Commission when this 19 going to be more regionally used for baseball 19 was before them about how a subdivision like this 20 leagues. For what it's worth,you've got a 20 with some of these smaller lots could be handled 21 direct shot to Route 47,you know,back to there. 21 in an effective way,and I suggested that Mike 22 Not that that would generate that much traffic, 22 would come before the Council and address this 23 but for what it's worth,you can get right from 23 and explain what some of those ideas are,and 24 here to 47 and go south without even going 24 then if we wanted,we could incorporate those Depo Court Reporting Service Page 26 - Page 29 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 30 Page 32 1 into the PUD. 1 question? 2 MR. PROCHASKA: Yes. Okay. And I 2 MR. PROCHASKA: Sure. 3 just wanted to make a note here--Pm sorry, 3 MS. OHARE: Has there been a 4 Joe. 4 decision yet on the number of acres for the 5 MR. BESCO: I just wanted to ask a 5 school or donated to the school or-- 6 couple questions. First of all,was there a 6 MR.HANLON: Well,I don't believe 7 traffic study done on this for existing roads-- 7 that-- 8 MR. HANLON: Yes,there was. 8 MR. KRAMER: Actually they want 9 MR. BESCO: --for Corneils? 9 cash,not land. 10 MR. HANLON: There were recommended 10 MS. OHARE: So there is-- 11 some improvements and then I think also potential 11 MR. KRAMER: It will end up being a 12 contribution to the light at the intersection is 12 cash equivalent. 13 anticipated. 13 MR. PROCHASKA: Well,I think what 14 MR. BESCO: Was IDOT planning a 14 happens is you would end up putting a zero there 15 light at Wheaton? 15 and they would then --because it talks about the 16 MR. PROCHASKA: Wheaton? 16 rest being given in cash. 17 MR. BESCO: To your knowledge. 17 MR. KRAMER: Cash,exactly. 18 MR.HANLON: I think some day there 18 MR. PROCHASKA: So it would be based 19 will definitely be a light at Wheaton and some 19 on the letter of recommendation we get from the 20 day there will definitely be a light at Corneils, 20 schools. 21 and this project would be--both of those 21 Anyone else that would like to 22 obviously are more regional improvements and 22 put any comment in on this particular plan? 23 encompass traffic predictions that are greater 23(No response) 24 than this subdivision,but this subdivision would 24 MR. PROCHASKA: Hearing none, I Page 31 Page 33 1 have its part, its prorated share,which I think 1 would entertain a motion to close the public 2 was covered in the traffic reports. 2 hearing. 3 MR PROCHASKA: Anything else? 3 MS. OHARE: So moved. 4 MR. BESCO: Can we get a copy of the 4 MS. BURD: Seconded. 5 traffic study? I don't think I got one. 5 MR. PROCHASKA: Moved and seconded. 6 MR. PROCHASKA: Probably went to the 6 May I have roll call,please? 7 engineer. Joe's probably got it to review, or 7 MS. MILSCHEWSKI: Burd? 8 El, who is reviewing this. 8 MS. BURD: Aye. 9 UNIDENTIFIED AUDIENCE MEMBER: It's 9 MS. MILSCHEWSKI: Kot? 10 a combination of both Joe and EI. 10 MR.KOT: Aye. 11 MR. BESCO: A flood plain issue 11 MS. MILSCHEWSKI: Munns? 12 there, so I would talk with Joe. 12 MR. MUNNS: Aye. 13 MR. PROCHASKA: I just wanted to 13 MS.MILSCHEWSKI: Ohare? 14 make a note that as part of the original 14 MS. OHARE: Aye. 15 agreement I believe they did talk about when the 15 MS. MILSCHEWSKI: Spears? 16 fee structure came that they would abide by 16 MS. SPEARS: Aye. 17 whatever the fee structure was in at the time. 17 MS.MILSCHEWSKI: Sticka? 18 The annexation agreement 18 MR. STICKA: Aye. 19 does--or PUD agreement does talk about the 19 MS. MILSCHEWSKI: Besco? 20$3,000 per unit for the schools,and they also do 20 MR. BESCO: Aye. 21 talk about the$2,100 fee to the City for the 21 MR.PROCHASKA: Motion is carried. 22 development fee,so those--both those fees are 22 The public hearing is now closed. 23 included in this,too, so just a note there. 23 (End of public hearing) 24 MS. OHARE: Can I ask one more 24 ---000--- Depo Court Reporting Service Page 30 - Page 33 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page`'` United City of Yorkville, Illinois August 12, 2003 - 7:00 p.m. Page 34 STATE OF ILLINOIS) 1 )0: 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 and Registered Professional 7 Reporter doing business in the State of Illinois; 8 That she reported in shorthand the 9 proceedings had at the foregoing meeting; 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 e said) eeting. 14 : 40,0' OF / ere. • se/' 15 my han•IINIPATO, da of `A.I. , 16 2003. 17 18 I / A ir 19 , 20 �=I`: M.VITOSH, �.R ` 21 CSR License No. 084-002883 22 23 24 Depo Court Reporting Service Page 34 - Page 34 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page`N` $2,100 - density August 12,2003 - 7:00 p.m. United City of Yorkville, Illinois 9,135[1] 17:3 appeared(i] 2:17 bright[1] 15:5 commercial[z] 12:12 -$- 9,350[1] 17:5 Appreciation[1] 5:1 bring[1] 21:17 12:15 $2,100[1] 31:21 95-07156[1] 5:7 approach[1] 10:13 bringing[1] 12:5 Commission[s] 1:1 7:6 $3,000[1] 31:20 approval[1] 15:11 Bristol(1] 5:13 16:2 21:17 29:18 -A- area[7] 16:4 18:11,22 Brown[za] 7:11,11,15 community[1] 8:5 -0- abide[1] 31:16 19:9,14,22 23:3 7:17 9:1,5,9,14,20 10:6,8 company[i] 7:20 areas[3] 17:4 18:18 20:18 10:22 11:16 12:19 13:1,9 complain[z] 13:24 084-002883[1] 34:21 able[4] 24:5,7,11 27:8 13:17 14:14 25:21 27:5 28:13 above-entitled[1] 1:7 ARTHUR[3] 2:2 28:5,11,16,20 attractive[1] 19:11 complex[z] 28:17,20 -1- accepted[1] 24:5 buffer[2] 13:2 16:1 concepts[1] 15:24 access[3] 19:1 27:16 AUDIENCE[z] 6:15 build[z] 18:19 27:4 concern[1] 26:7 1107A(1] 2:15 31:9 28:2 building[ll] 7:4,23 9:1 concrete m 13:13 115[1] 8:21 August[1] 1:9 account[1] 20:2 10:24 12:20 13:10,16,19 connects pi 23:4 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black[1] 18:9 Clerk[1] 2:12 decision[z] 9:19 32:4 800[1] 1:9 ANN[1] 2:10 blank[1] 24:2 close[3] 12:16 28:7 33:1 dedicated[1] 19:15 85[1] 8:20 annexation[7] 5:3 15:1 Board[3] 18:3 22:19 closed[1] 33:22 dedication[1] 23:6 85.296[1] 5:11 15:3,10 16:6 19:12 31:18 23:24 combination[1] 31:10 dedications[1] 24:9 answer[1] 20:24 Board's[2] 25:5 26:1 coming[1] 25:1 Deeds[1] 5:7 -9- answers[1] 14:4 boundary[1] 18:10 comment[lo] 4:10 6:14 definitely[z] 30:19,20 anticipated[1] 30:13 box[1] 18:21 10:19 12:9 19:19 21:10 Delaware(1] 5:2 9,000[1] 22:4 p 22:15 23:11 26:14 32:22 9,000-plus[1] 22:13 apartment[a] 4:4,11 Bridge[1] 2:15 comments[6] 10:12,16 density1 [3] 9:4 11:11 6:12 7:23 brief[1] 17:23 14:9 17:20,23 21:3 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page m` depth- mentioned August 12, 2003 - 7:00 p.m. United City of Yorkville, Illinois depth[3] 18:14 26:8 elsewhere[i] 23:19 format[1] 7:7 large[1] 8:10 27:11 enclosed[1] 11:13 forth[2] 8:2 13:8 -I- larger[7] 22:12 23:3,4,6 described[2] 18:10,22 encompass[1] 30:23 forward[4] 26:4,10 ideas[1] 29:23 23:17 26:2 27:6 description[1] 20:8 end[a] 25:23 32:11,14 27:10,12 IDOT[1] 30:14 Larry[3] 2:6 12:14 14:4 design[4] 7:4 8:8 24:15 33:23 four[1] 15:19 LASALLE[1] 34:2 24:24 Illinois[9] 1:2,11 2:16 ending[2] 25:24 27:7 frame[i] 15:22 2:17 4:23 5:14 8:1 34:1,7 last[2] 7:6 12:9 designs[1] 11:3 engineer[1] 31:7 frontage[1] 19:16 important[1] 29:2 Laura[2] 25:20,20 detail[1] 20:14 engineered[1] 20:2 full[1] 29:7 improvement[1] 11:4 LAW[1] 2:15 detention[1] 8:11 entertain[1] 33:1 Fund[1] 5:2lead[1] 14:22 improvements[3] 20:6 Dettmer[1] 12:3 entitled[1] 15:19 funded[1] 7:24 30:11,22 leagues[1] 27:20 developed[4] 6:21 8:14 equivalent[1] 32:12 included[a] 8:8 15:7 least[3] 8:13 22:6 27:11 20:12 29:518:2 31:23 er[3] 22:12 established[1] 13:5 -G legal[1] 20:8 developer Estate[1] 17:17 Game[1] 1:10 incorporate[1] 29:24 legally[2] 18:10,21 24:14 26:16 indicated[1] 6:22 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11:18 may[3] 5:18 10:1 33:6 25:22 30:6 34:4 g east[2] 7:19 18:7higher[1] 11:8 11:20 12:2,7 14:23 16:11 Mayor[3] 2:2 6:22 9:17 edge[2] 12:19,20 32:8,11,17 five[1] 19:13 home[2] 21:21 22:1 mean[5] 9:23 13:17,18 effective[1] 29:21 flood[1] 31:11 homes[2] 8:13,14 _ 26:15,19 Effects[1] 7:20 hour[1] 1:9 -I' meeting a EI[2] 31:8,10 floor[2] 10:11 21:2 g[ ] 1:1,6 34:9 flowing[1] 24:8 houses[2] 28:7 29:10 L.P[1] 5:2 34:13 eight[1] 9:6 focused[1] 17:24 housing[s] 4:5,11,12 land[s] 5:1 18:17 23:5 MEMBER[2] 6:15 31:9 either[2] 9:14,15 6:11,12 7:24 8:2 22:9 24:8,10 26:12 27:7 32:9 mention[1] 18:24 element[2] 24:16,24 follows[z] 7:16 14:20 hundred[1] 12:21 landscape[1] 8:15 mentioned[2] 7:18 elevation[2] 10:23 foregoing[2] 34:9,10 landscaping[a] 7:20 29:17 21:18 form[1] 20:19 8:11 12:17 13:6 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page might- seconded August 12, 2003 - 7:00 p.m. United City of Yorkville, Illinois might[2] 12:12 28:12 patios[1] 14:6 25:19 29:15 30:2,16 31:3 Registered[1] 34:6 Mike[2) 29:17,21 -0- PAUL[i) 2:4 31:6,13 32:2,13,18,24 remember pi 19:12 33:5,21 MILSCHEWSKI[23) oath(i) 34:5 pay[i) 16:22 REPORT[i) 1:6 2:12 3:4,6,8,10,12,14,16 obviously[7] 13:4 19:4 Payment[1] 16:20 product[2] 16:5,6 reported pi 34:8 3:18 5:19,21,23 6:1,3,5,7 21:21,24 24:8 28:6 30:22 PC[a) 4:10,24 6:11 14:12 Products[i) 16:1 Reporter[2] 34:6,7 33:7,9,11,13,15,17,19 Professional[1] 34:6 minimum poi 10:9 17:3 off[2] 3:22 19:1 people[i] 28:2 reports[1] 31:2 17:4,6,6 20:17 21:13,15 OFFICES pi 2:15 per[s) 11:12,13 15:19 prohibit[i) 19:5 representing[2] 14:16 21:23 22:6 Ohare[16] 2:8 3:12,13 16:11 31:20 project u) 30:21 17:17 minus[2] 7:21 11:11 6:3,4 10:18 11:1 21:11 period[2] 15:10,14 properties[z] 12:11 18:6 request[2] 4:12 5:3 mix(t] 16:4 22:3 29:7 31:24 32:3,10 permitted[2] 15:17 property[11] 4:18 5:10 requesting[1] 8:17 33:3,13,14 16:13 6:21 12:20 15:13 19:21 mixing[1] 15:2419:23,24 20:8 25:6,24 requirements[1] 8:22 moll [i) 20:20 older[2] 9:11,12 petitioners] 4:12,17 reserve[i) 15:14 on-site[a] 8:4,7,11 20:7 5:3 16:3,5 proposed[2) 18:11 20:9 month p] 7:6Residence[1] 4:14 once[1] 13:7 physical[i] 27:16 proposing[1] 7:22 most[a] 9:2 15:7 19:16residential[7] 12:11 19:24 one pm 6:10 8:3,7 12:9 physically[i) 12:16 prorated pi 31:1 15:16 16:18 18:11 19:6,7 14:3 17:2 18:7,8 19:21 pick[1] 22:21 proximity[1] 28:7 20:9 m3otion[a] 4:9 6:9 33:1 23:1 25:23 26:2 31:5,24 1picked[1] 22:24 public[12] 3:24 4:9,10 residents[2] 13:23 28:13 move[3) 13:18,19 14:12 one-field[i) 28:18 piece[2] 24:2 27:6 4:24 6:10 7:5 16:15,23 response[s] 10:14 14:10 ones[1] 4:3 18:22 33:1,22,23 21:5,7 32:23 moved[a] 5:15,17 33:3,5 place[a] 18:14 20:5,7,19 PUD[6] 11:15 12:8 15:6 open[1I] 10:11 18:17 placed[1] 24:4 rest[i] 32:16 moving[i) 24:18 21:2 23:3,4,6,15,18,22 16:17 30:1 31:19 MS[64] 2:5,8,10,12 3:4,6 24:6 29:9 plain[i] 31:11 PUDs[i] 20:21 restate[ll 11:6 3:8,9,10,12,13,14,16,18 opinion[1] 12:10 plan[9] 7:5 15:7 16:2 purpose[3] 4:9 6:24 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26:14 33:11,12 -R- 25:14 27:23 28:6,14 overhead[i] 12:24 plus[2] 7:21 11:11 owners[i] 15:12 point[s] 10:5 13:3 14:8 R[2] 2:1,14 road 4:20,21 7:18 -N- 18:8 19:8 R-4[s] 4:14 8:18,20 12:7 19:1 27:15(6) 1:10 N[z] 2:1,14 _p_ portion[3] 15:5,13 19:23 12:8 roads p] 30:7 name[2] 7:10 17:13 position[2] 11:6 22:19 R.P.R[1] 1:8 roadway[i) 19:16 near[z) 4:20 16:13 P[3] 2:1,14,14 possibilities[1] 12:12 range[1] 8:20 roadways[i] 18:4 need[2] 25:5 26:21 P.m[i] 1:9 post[i) 26:17 rather[2] 16:3 26:3 Roger[3) 7:11,12,15 needed[z] 20:18 27:10 package[1] 7:8 potential[1] 30:11 re[i] 22:20 roll[3] 3:3 5:18 33:6 neighborhood p] 28:1 paper(i] 24:3 POWELL p] 2:11 read p] 20:13 room[2] 8:5,6 neighboring[i] 12:11 parcels[i) 26:3 pre-engineered[1] 20:4 real[3] 4:18 5:10 17:17 ROSE[i) 2:10 park[28] 5:8 15:12 18:2 realize[i] 22:10 round[z) 10:20,20 New[i) 4:11 18:8,14 19:2,15 20:6 predictions[1] 30:23 next[2] 14:12 27:3 22:19,19,20,21,22 23:24 Preliminary[2] 5:9 15:6 really[a) 21:16 22:11 Route[s] 4:20,21 5:12 nice[2] 10:19,21 24:3,7,9 25:5,15,22 26:1 prepared pi 14:2 23:14 24:10 19:3 27:21 nobody[i) 26:23 26:2,5,16,18 27:11,16 presentation[i] 29:18 reason[a] 16:23 19:20 rules[1] 16:19 28:2 23:10 27:5 run-off[i] 20:3 noise[i] 13:7 previously[a] 9:21 20:7 recommendation[z) none[3] 10:15 21:8 32:24 Park's[i) 15:1 20:22 29:11 north[71 5:12 18:6,17 parking[z] 8:7 11:13 primarily[�) 20:16 13:19 32:19 -S- arks pi 26:21 recommended[2] 9:21 S[z] 2:1,14 19:6,24 23:2 24:18 P primary[2] 6:24 18:24 30:10 note[a] 18:9 30:3 31:14 part[7] 14:24 15:7 19:11 proceedings[3) 1:6 34:9 record[3] 3:23 7:10 satisfied[1] 29:13 31:23 20:5 23:9 31:1,14 34:13 17:13 says[1] 34:5 notes[i) 34:11 particular[2] 16:22 PROCHASKA[61] 2:2 recorded[1) 5:6 scenario[1] 26:11 32:22 3:3,20,24 4:4,8 5:17 6:9 now[s) 9:5 14:7 15:5 school[2] 32:5,5 28:6 33:22 particularly pi 18:5 6:17 7:9,12 8:23 9:3,7,10 Recorder[i] 5:6 number[3] 5:7 22:7 32:4 Partnership[i) 5:2 9:13,16 10:4,7,10,15,23 recreation[a] 18:15,20 schools[2] 31:20 32:20 11:9,19,21,24 12:4,8,14 26:3,7 Schoppe[1] 29:17 numbers[1] 20:15 past[2] 19:2,17 13:12,15 14:3,11,15,21 regional[21 28:23 30:22 seconded[a] 5:16,17 pastime p] 26:20 17:1,8,12,19 20:11 21:1,6 regionally[1] 27:19 33:4,5 patio[i] 8:6 21:8 22:14,17 25:4,11,14 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 City Council Meeting Multi-Page mi see - zoning August 12, 2003 - 7:00 p.m. United City of Yorkville, Illinois See[101 8:9 11:7 13:22 Speaking[1] 12:15 through[9] 8:1,1 15:22 VITOSH[31 1:8 34:4,20 14:5 16:3 22:6,11 23:16 Spears[8] 2:10 3:18,19 19:2,6,11,17 20:13 28:1 vote[1] 29:11 26:23 27:1 6:5,6 29:6 33:15,16 times[11 15:23 seeing[11 19:20 specific[2] 20:21 28:5 together[1] 4:7 -w- selected[11 23:23 specifically[1] 7:7 tonight[1] 7:6 walked[1] 24:2 senior[a1 4:11,15 6:11 spot[3] 22:21,24 23:24 tonight's[1] 16:15 6:12 square[3] 17:5,11 26:22 too[6] 14:4,8,22 25:5 Wanda[z1 2:8 21:10 seniors[2] 7:1,23 26:14 31:23 west[31 5:11,12 18:6 SS[1] 34:1 Wheaton[6] 15:1 19:3 sense[3] 20:20 21:19 standard[11 17:5 total[21 8:23 16:8 23:5 Township20:6 30:15,16,19 separately[11 4:2 standards[2] 20:18,22 [11 5:13 WHEREOF[11 34:14 separation[11 21:20 starts[11 27:18 tractors[1] 14:1 wide[1] 21:12 state[7] 7:10 8:1 15:18 traffic[7] 19:5,7 27:22 wider[1] 21:14 September[1] 5:7 17:12,16 34:1,7 30:7,23 31:2,5 Service[1] 4:13 statement[21 6:14 23:21 trail[11 25:16 width[4] 17:6 21:13,15 set[i1 34:14 transcript 1 21:22 setback[11 17:7 stepped[4] 26:4,10 27:9 p [ 1 34:11 without[1] 27:24 27:12 traveling[1] 19:5 WITNESS[1] 34:14 setbacks[2] 8:20 20:16 stick[1] 22:22 Treasurer[1] 2:11 wooded[11 19:14 sets[1] 7:3 Sticka[1s] 2:3 3:6,7 5:16 truck[11 19:5 worth[3] 27:17,20,23 seven[4] 17:7 19:13,13 6:7,8 9:17,21 10:1 11:2 trucks[2] 13:8 14:1 20:16 11:22 12:9 29:16 33:17 several[1] 15:23 33:18 true[11 34:10 -Y- share[1] 31:1 still[31 18:1,19 22:5 try[11 20:24 year[11 27:3 shining[1] 28:15 stormwater[11 18:18 trying[1] 10:5 years[2] 7:1 15:11 shorthand[3] 34:6,8,11 Street[1] 2:15 two[11 26:1 yellow[1] 15:6 shot[11 27:21 streetscape[11 21:19 two-bedroom[11 8:3 structure[31 8:8 31:16 type[2] 7:4 28:18 yet[2] 18:1 32:4 shown[1] 15:5 31:17 typical[1] 21:18 Yorkville[111 1:2,10 side[2] 14:6 28:10 2:16,17 4:13,22 5:5,8,12 sideyard[2] 17:7 20:17 stub[1] 18:7 14:24 15:2 signed[11 19:4 stubs[1] 18:5 -U- youth[11 27:3 significantly[1] 19:14 study[2] 30:7 31:5 ultimately[1] 16:2 Single[1] 27:15 subdivision[6] 20:9 under[9] 15:3,16,17,19 -Z- 24:10 28:24 29:19 30:24 16:14,19,21,22 22:5 zero[11 32:14 single-family[6] 8:13 30:24 UNIDENTIFIED[2] 8:14 16:4,12 18:1 22:9 subject[2] 18:22 24:11 6:15 31:9 zoning[6] 7:5 8:18,20 site[7] 7:18,20 8:9 15:6 15:1,8,16 20:3 28:4,10 such[11 22:7 unit[6] 4:15,16 5:4 6:23 situated[1] 28:14 sudden[11 13:23 15:4 31:20 situation[11 14:2 suggested[11 29:21 United[5] 1:2 2:17 4:13 surrounded[11 8:12 4:22 5:4 Six[1] 15:11 units[81 8:4,19,23 9:2 six-year[1] 15:14 sworn[11 34:5 11:12 14:7 15:19 16:11 size[2] 17:9,10 system[11 25:16 Unless[1] 20:12 sizes[1] 17:2 up[15] 10:11 12:5 13:10 -T- slip[1] 18:20 13:23 16:12 19:16 21:17 small[7] 19:21,23 22:7 T[1] 2:1 22:12 23:18 24:21 25:24 23:13,15,15 25:22 takes[1] 19:16 26:17 27:7 32:11,14 smaller[71 23:18 24:15 taking[11 4:10 used[31 23:12 25:15 24:21 26:3 27:7 29:13,20 talks[11 32:15 27using9 [4] 24:14,21 25:8 soccer[4] 18:15 26:17 tax[1] 8:2 26:24 26:18,23 terms[4] 7:3 16:20 18:4 usually[11 28:17 sometimes[11 23:13 20:16 somewhere[1] 27:2 testified[2] 7:16 14:20 _ sorry[1] 30:3 Thank[3] 10:22 14:13 -V sort[11 23:3 14:14 VALERIE[11 2:5 sounds[11 27:18 therefore[1] 21:22 variance[3] 8:18 11:17 1:23 south[a1 19:24 23:8 they've[11 26:16 variances[11 11:10 25:23 27:24 thinking[11 28:9 southwest[2] 4:19 23:9 thought[2] 9:18 11:24 versus[1] 28:17 space[13] 18:17 23:3,4,7 thoughts[11 25:6 view[1] 23:7 23:16,18,22 24:6 25:8,15 village[1] 18:3 26:6 29:9,12 thrash[11 10:2 three-story[1] 7:23 vista[11 23:7 spacing[11 27:8visual[1] 27:15 Depo Court Reporting Service Index Page 4 Naperville, Illinois (630) 983-0030 Page 1 of 10 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE MAY 6,2003 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Mike Anderson Alderman Joe Besco Alderman Paul James Alderman Larry Kot Alderman Munns Alderwoman Rose Spears Alderman Richard Sticka City Clerk Jackie Milschewski City Treasurer Bob Allen(left at 8:45) CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Kelly Kramer Police Chief Harold Martin City Attorney Dan Kramer(arrived 8:15) Finance Director Traci Pleckham Public Works Director Eric Dhuse Director of Parks&Recreation Laura Brown GUESTS: See attached list. OLD BUSINESS City Hall/Police Department Bid Award & Construction Schedule with Finance Plan As requested at the April 15, 2003 Committee of the Whole(COW)meeting, staff researched a back-up plan for the financing of the building renovation. Finance Director Pleckham contacted local banks which recommended a construction loan for one year with no prepayment penalty. Administrator Graff stated that the City will be getting around $300,000.00 in funds without the Moser property. The cost for the project is estimated at $750,000.00 to $800,000.00. Finance Director Pleckham's recommendation is for the City to get a construction loan in the amount of approximately $525,000.00. The loan is not a line of open credit that can be drawn upon when needed. The whole amount is given the City but can be prepaid as annexations are done and payment from developers is received. The monthly payment had not been determined because the exact amount of the loan needed has not been determined. This will be determined once bids for the project are received. Ms. Pleckham noted that the minimum payment would be interest only and due quarterly. Mr. Graff estimated the interest payment at around $25,000.00 and stated that if new development does not develop as planned there are funds in the budget under contingency to pay this. The loan may not even be needed if the payments come in before the funds are needed. Bids are scheduled to be awarded at the May 13, 2003 City Council meeting and the first payouts probably won't be until July 2003. There are funds available for this first payout without the loan. The awarding of the bids was placed on the agenda for the May 13, 2003 City Council meeting. Page 2 of 10 NEW BUSINESS Geographic Information Study (GIS)—EEI Proposal Requests for Proposals were sent to five consultants. Four responded however the staff narrowed it down to two firms, Engineering Enterprises, Inc. (EEI) and Walter Deuchler & Assoc. After making presentations to the Public Works Committee, EEI was selected. Funds for the study are in the budget. City Attorney Dan Kramer did not have a chance to review the contract yet. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. Caledonia Subdivision and Fisher Property—EEI Review Service Proposals The engineering review for these projects has been turned over to EEI by the City Engineer Joe Wywrot. The contracts are similar to those used before in similar circumstances. Both properties are along the Rob Roy Creek and involved in the Rob Roy Creek flood plain that EEI is working on and both developers have agreed to this. This item was placed on the May 13, 2003 City Council meeting consent agenda. PC 2002-06 Westbury Village-Annexation and Rezone Mr. Graff reported that the developer has resubmitted their plans since the Plan Commission meeting and the Economic Development Committee(EDC) meeting. Mike Schoppe was unable to get a written report to the Council however he spoke with Mr. Graff and Alderman Sticka. Mr. Schoppe stated that the developer has now complied with the Comprehensive Land Use Plan and the concept plan meets all of Mr. Schoppe's recommendations. The multifamily area has been removed and the lot sizes have been increased to 12,000 square feet and 10,000 square feet backing up to open space. There are approximately 40-50 lots that are 10,000 square feet. Mr. Graff stated that the annexation agreement should be done by May 8, 2003 with a public hearing on May 27, 2003 at the City Council meeting. The developer's attorney, Sanford Stein, is currently working with Attorney Kramer on the annexation agreement. Alderman Sticka stated that at the EDC meeting it was discussed that the development abuts a composting operation. The concern was expressed that the City would not want future residents objecting to odors from the operation. At the EDC meeting the developer made assurances that the purchasers of the property would be made aware of the composting business. Attorney Kramer stated that there would be language similar to the right to farm language placed on the plat. Mayor Prochaska requested that this is specified on the plat. The Council further discussed the composting operation and the possibility that it would only be in business for another year due to the rezoning of the area. Alderman Sticka also noted that there is an asphalt plant in the area and this probably also should be noted. Page 3 of 10 Alderman Sticka noted that the engineering was not done on the detention areas and Mr. Schoppe informed him that if detention requires more space the developer may lose some lots. The annexation agreement was placed on the May 20, 2003 COW meeting for review before the public hearing scheduled May 27, 2003. Ordinance Amending Liquor Control Ordinance Alderman Anderson reported that this item had been through the Public Safety Committee(PSC). The owners of Vine& Vat Liquors were in attendance because they caught that the City did not incorporate their liquor license class in the ordinance change regarding sampling and/or tasting. The ordinance has now been revised with their input. The revision is to Title 3, Chapter 3, Article 4, section(B)which covers things such as the number of bottles can be out for a tasting, number of times per week a sampling by be held, samples/tastes are limited to beer, wine and liquors, samples/tastes are limited to four ounces or less, etc. The amendment also allows the establishment to apply to the Liquor Commissioner for a variance for a special event. The ordinance was recommended for approval by the PSC. Alderman Sticka noted that the sampling/tasting for beer and wine is limited to 4 ounces. There is no quantity given to a sampling of liquor. Attorney Kramer stated that the original ordinance specified a 2 ounce sample. The owners of Vine& Vat noted that their samplings are 1/2 to 1 ounce. Attorney Kramer stated she would make a change to the ordinance to state that a sample of liquor will not exceed one ounce. Alderman Anderson thanked the owners of Vat & Vine for their input and they thanked the Council for considering the changes. This item was placed on the May 13, 2003 City Council meeting consent agenda. New County Office Building—Update Administrator Crraff stated that the Mayor received a letter dated March 27, 2003 from Jeff Wilkins the Kendall County Administrator requesting that the City waive any fees or permits needed for the new county office building. This was previously discussed at the April 15, 2003 COW meeting were the Council agreed to waive the fees except for any out of pocket cost the City might incur. In consideration for waiving the fees, the City would like to acquire a right of way(ROW) of 50 feet on the west section of the county complex for a future roadway. Mr. Graff sent this information to Mr. Wilkins in an April 18, 2003 memo. Mr. Wilkins replied with a May 3, 2003 letter to Mr. Graff listing four provisions that the county would like to have with regards to the ROW acquisition. Three of the provisions are acceptable however provision(b) stating that the county has no current or future obligation to build or pay for the future roadway is a concern. If the roadway was constructed it would be half on their complex so Mr. Graff did not think the City would want to waive this consideration. Page 4 of 10 The Council discussed the provision and Mayor Prochaska suggested that the statement remain however add"unless the county request the roadway". It was decided to have Attorney Kramer come back to the council with some language the Council would be more comfortable with. Alderwoman Spears noted that on the bill list there is a charge from Schoppe design for review of the county building. She asked if the county was going to reimburse the city for this. Mr. Graff stated that the city was not asking for reimbursement because it requested Mr. Schoppe do the review in connection with another project. On another note, Mayor Prochaska advised the Council that he was meeting with John Church with Kendall County regarding the old jail. He has been doing research regarding financial sponsors for the building and possible uses. He noted that no city funds were or will be budgeted to purchase the building. He stated he would keep the Council advised about the status of the building. This item will be brought to the May 20, 2003 COW meeting if Attorney Kramer can coordinate with the State's Attorney regarding the language change by that time. Skate Park—New Life Church Alderman James and Executive Director of Parks &Recreation Brown reported that in February 23, 2003 the owner of Parfection Park, Inc. notified the Park&Recreation Department that the rent for the skate park was being increased to $500.00/month beginning February 1, 2003. Also, if the City chooses to vacate the skate park, the property must be restored to its original state and the rent would be assessed until this was done. Attorney Kramer noted that the City's lease is not up until August 2003.This increase would bring the operating cost to approximately $13,000.00/year. New Life Church has expressed an interest in obtaining the skate park equipment to add to their equipment on their site on Cannonball Trail. In exchange for the equipment, the church will dismantle the park, move the building to Beecher Park and assist in the restoration of Parfection Park and the skate park would be open to the public at the church site for one year free of charge. The value of the equipment at the time of purchase(July 2000)was $44,337.58. The Park Board approved the proposal and is now asking the City Council's approval. Alderman James noted that a question has arisen regarding this only being offered to one source instead of getting bids from other interested parties. The Council discussed comments from other clergy, the City retaining the equipment and moving it to another location or storing it for future use, any possible violation of donation agreements (grant documents indicated that after three years of operation the equipment would be the City's), Parfection Park purchasing the equipment(they are not interested), if the cost of removal and restoration of the site is a fair price for the equipment, and the City's part in the restoration of Parfection Park(disconnecting the electric, plumbing, signs, etc). After some discussion, Mr. Graff commented that in the past the City has advertised for bids on surplus property. He suggested that the skate park be handled in the same Page 5 of 10 manner and ask for cash or in lieu of cash the bidder would have to remove the equipment and assist in restoring the property to its original state. The Council agreed to this. Direction was given to staff to go out to bid as soon as possible and bring the results back to COW. Parks Capital Ms. Brown reported that there is a carry over of funds in the parks capital line item. Scott Sleezer with the Parks Department has asked to purchase a new pickup truck. He would like to go out to bid on a 2003 two wheel drive basic pickup for an amount not to exceed $15,000.00. The Park Board has recommended that this proceed to the City Council. The Council approved for Mr. Sleezer to go out to bid. The final purchase price will be brought back to COW. Text Amendment—Special Use R1-Antique Store Alderman Sticka reported that he just received the rewritten amendment today and he had questions about it. The amendment will allow antique stores in older structures such as old farm houses. Attorney Kramer stated that she needed to talk to Building Inspector Bill Dettmer as to how to classify and/or determine what an historic structure is. Alderman Sticka asked that this item be sent back to the Economic Development Committee(EDC) on May 15, 2003. PC 2003-02—Green Rezone of 9818 Route 71 This item is related to the previous one and was also sent back to EDC's May 15, 2003 meeting. Text Amendment for R2 Zoning regarding Lot Area Coverage Alderman Sticka reported that this was brought to the City's attention by the Building Department. The current ordinance is extremely restrictive compared to other communities in terms in the amount of lot coverage. The United City of Yorkville is allowing 20% and it was recommended that this be increased to 30%which is in line with other communities. Mayor Prochaska explained that roof coverage on a 12,000 square foot lot at 20%is 2,400 square feet. If a house is originally built with this roof coverage, no additions such as a covered deck or sunroom can be added. The Council agreed to the amendment so this item was sent on to a public hearing at a City Council meeting. Monthly Police Reports for March 2003 Alderman Anderson reported that the reports were reviewed by the Public Safety Committee and they recommend that they move forward. This item was placed on the May 13, 2003 City Council meeting consent agenda. Page 6 of 10 Tax Increment Financing(Til)Redevelopment Study and Plan Proposal Mayor Prochaska reported that the City has received a request from the owners of Countryside Shopping Center to have a study done in order to determine if the center meets the requirements for a TIF. Mayor Prochaska indicated that he would like to use the firm that the City has used in the past to make this determination however it will be at the owner's expense. There is no risk or obligation to the City. The Council discussed TIF districts and the benefits to the City. Mr. Graff explained that in a TIF District a portion of the owner's tax bill is used to pay off the TIF bond. The funds from the TIF bond are used for public improvements to the project. So the developer will be paying for the public improvements through his taxes. The Council agreed to allow the study. This item was placed on the May 13, 2003 City Council meeting consent agenda. Fox Logo for North Water Tower Site Mayor Prochaska showed the Council examples of logos for the water tower. They agreed to use a logo similar to what is currently of the existing towers as recommended by Chicago Bridge and Iron. Fox River Study Group Alderman Besco reported that the Fox River Study Group is seeking support from the city to continue the Fox River Watershed Investigation which is developing measures to protect the quality of the river's water. They are asking that the United City of Yorkville contribute $.25/capita to fund the study or $1,550.00. The group does not have an interest in the dam. As Yorkville is the last test station of the study, the Council agreed it was important to participate in the study in order to see what others are adding to the River at their locations and the effects on Yorkville. This item was placed on the May 13, 2003 City Council meeting consent agenda. Mill/Van Emmon Watermain—License Agreement for Crossing Illinois RailNet Tracks Alderman Besco reported that an agreement is needed with Illinois RailNet for the watermain that will cross under their tracks. The license and administration fees total $5,550.00. The agreement has not been reviewed by Attorney Kramer. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. Water Report for January 2003 Alderman Besco reported that the reports were reviewed by the Public Works Committee and they recommend that they move forward. Page 7 of 10 This item was placed on the May 13, 2003 City Council meeting consent agenda. Bruell Street Pump station—Design Engineering Services Alderman Besco reported that Walter E. Deuchler Associates, Inc. have presented an engineering agreement in the amount of$294,000.00 for the proposed Bruell Street Pump Station. This was reviewed and recommended by the Public Works Committee. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. City Hall Parking Lot—Results of Bid Opening Alderman Besco reported that S&K Excavating& Trucking, Inc. came in with the low bid at $82,899.66. They are a local company and the school district has also used them in the past with good results. The bid came in lower than City Engineer Joe Wywrot's estimate. This item was placed on the May 13, 2003 City Council meeting consent agenda. Countryside Interceptor Engineering Agreement Amendment Mr. Graff reported that it was recommended by Deuchler to extend the sewer to the west of Blackberry Creek so that it will be out of the creek corridor. This will eliminate the need to address environmental issues when the Rob Roy Creek interceptor is built. The amendment is for $13,000.00 for design engineering only. This item was placed on the May 13, 2003 City Council meeting consent agenda. Sunflower Estates Phase 2-Bond Reduction Alderman Besco reported that this is for a large bond reduction however the developer has not asked for one before. Mr. Wywrot and the Public Works Committee recommend the reduction. This item was placed on the May 13, 2003 City Council meeting consent agenda. Yorkville Road Program—Supplemental to Original Contract with Smith Engineering Mr. Graff reported that there needs to be a supplemental engineering agreement with Smith Engineering because of the addition of three more streets to the Road Program. The increase in cost is $8,433.00 and the funds are available for the supplemental charges. This item was placed on the May 13, 2003 City Council meeting consent agenda. Purchase of Vehicle for Executive Director of Parks & Recreation Mayor Prochaska reported that there is a shortage of vehicles for the Parks&Recreation Department. When Executive Director of Parks&Recreation Brown was hired, part of her employment agreement was the use of a car during office hours. The funds are Page 8 of 10 available. The bid information was not available for the council but Mr. Graff stated that it was approximately$17, 500.00 for a vehicle similar to his. There was some discussion clarifying that the vehicle would only be used for business and about the color. Alderman Besco suggested keeping the city's vehicles the same color. This item was placed on the May 13, 2003 City Council meeting regular agenda. Well Control Repair Director of Public Works Eric Dhuse reported that the water tower monitoring control on the south tower has broken and there are no parts available to fix it. It can be replaced with something that will work with the new system being proposed by RFT which is a radio frequency based system which costs $16,494 for the component and installation. Funds are available for this in the Water Fund. A less expensive control can be used but is not a radio frequency system. The radio system eliminates the need for a dedicated telephone line. This item was placed on the May 13, 2003 City Council meeting regular agenda. Fox Hill Subdivision—Hold Harmless Agreement Alderman James reported that this was discussed at the Park Board. City staff became aware of three homeowners in the Fox Hill Subdivision who have placed playground equipment and/or plantings on public park property. Letters were sent to the residents notifying them that they have to remove the property within 30 days however Attorney Kramer stated that license agreements were drafted allowing the residents to maintain the playground and plantings on the City's property until such time as the City gives them 30 day notice to remove them. The agreements are not transferable so when the property is sold, the equipment and plantings have to be removed. There is also a hold harmless provision in each agreement whereby the property owners hold the City harmless if something would happen on the playground equipment or if something happens to the plantings. There was discussion on removing the plantings after a certain period of time; removing trees could be costly. Mayor Prochaska suggested including language stating the plantings can stay but if they die, they may not be replaced. Attorney Kramer stated that this was addressed in the agreements. The Council discussed how this was a unique situation because all the properties are neighbors and were told by the developer that the area was open space and they could do what they did. Also discussed was adding a maximum amount of time that the playground equipment and/or plantings could stay on the City's property. The Council decided on three years. The Council discussed how to address this if this should arise in the future. Mayor Prochaska suggested that the plats reflect that the property abuts City property so there isn't any confusion. Alderman Besco suggested putting information regarding this in the City's newsletter. Page 9 of 10 Attorney Kramer stated she would revise the language and bring the agreements back to the COW for further review. ADDITIONAL BUSINESS May Administration Committee Meeting Alderwoman Spears noted that Alderman Munns and Alderwoman Burd are both out of town for the May Administration Committee meeting. She asked if anyone would like to fill so that the meeting could be held. Northern Illinois University is scheduled to attend in order to give their fiscal impact study. Alderman Sticka offered to attend. Swearing In Alderman James noted he would be out of town and will miss being sworn in at the City Council meeting. Grant Writing Workshop Mayor Prochaska reported that Representative Dennis Hastert was holding a grant writing workshop at the Provena/Mercy Medical Center on Monday, May 12, 2003. Kane/Kendall County Service Coordinator Mayor Prochaska reported that a reception was being held on May 16, 2003 in order get acquainted with the Kane/Kendall Service Coordinator. Special Education Co-op The Kendall County Special Education Co-op is having a ground breaking on May 14, 2003 at 9:00 A.M. New Committees Mayor Prochaska gave the updated Committee member list: • Administration Committee—Alderwoman Spears/chairperson, Alderman James, Alderwoman Burd and Alderman Munns • Economic Development Committee-Alderman Sticka/chairperson, Alderwoman Burd Alderwoman Ohare and Alderman Besco • Public Works Committee- Alderman Besco/chairperson, Alderman Munns, Alderman Kot and Alderman Sticka • Public Safety Committee - Alderman Kot/chairperson, Alderwoman Ohare, Alderwoman Spears and Alderman James He also stated that two ad hoc committees have been formed. They are: • Ad Hoc Technology Committee-Alderman Munns/chairperson, Alderman Kot, Alderman Sticka and Alderwoman Ohare • Ad hoc Tourism Committee-Alderwoman Burd/chairperson. Alderwoman Spears, Alderman Besco and Alderman James Page 10 of 10 Boundary Agreement with Montgomery Mayor Prochaska expressed his displeasure with Montgomery's statement that they are withholding School Transition Fees because it is the only way to get Yorkville to come to the table to discuss a boundary agreement. He stated that through the years he has tried to discuss boundaries with them to no avail. The problem is that Montgomery wants to come across Route 47 and he feels that it should be within Yorkville's boundary. He stated that now he would like Montgomery to come to Yorkville with a proposal. The Council discussed the withholding of the transition fees and the School District's position on it. After further discussion, the Council agreed that they did not want to meet with Montgomery under these conditions. There was no other additional business. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an executive session for the purpose of considering the appointment, employment, compensation, discipline, performance or dismissal of specific employees. He asked that the City Clerk, City Attorney and City Administrator be included. So moved by Alderman Anderson; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Anderson-aye, Besco-aye, James-aye,Kot-aye, Spears-aye, Sticka-aye The City Council entered into Executive Session at 9:50 P.M. The Executive Session was adjourned at 11:10 P.M. Minutes submitted by Jackie Milschewski, City Clerk DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AATC AURORA AREA TOURISM COUNCIL JULY LIDIAS 07/31/03 01 JULY LIDIA'S HOTEL TAX 0111065005844 09/09/03 59.40 INVOICE TOTAL: 59.40 JULY SUPER 8 07/31/03 01 JULY SUPER 8 HOTEL TAX 0111065005844 09/09/03 1,410.19 INVOICE TOTAL: 1,410.19 VENDOR TOTAL: 1,469.59 AGGRAPH AG GRAPHICS, INC. 3-1794 08/12/03 01 MAYORS MESSAGE NEWSLETTER 0111064005603 09/09/03 2,144.00 INVOICE TOTAL: 2,144.00 VENDOR TOTAL: 2,144.00 AKKRAMER ATTORNEY DANIEL J. KRAMER AUG-ADMIN CONT 08/22/03 01 ADMINSTRATION CONTRACTS 0111061005300 09/09/03 480.00 INVOICE TOTAL: 480.00 AUG-CALADONIA 08/22/03 01 CALADONIA ZONING 0100013001372 09/09/03 1,325.00 INVOICE TOTAL: 1,325.00 AUG-CNTRYSDE 08/22/03 01 COUNTRYSIDE CENTER GREEN SPACE 0100013001372 09/09/03 300.00 INVOICE TOTAL: 300.00 AUG-DRESDEN 08/22/03 01 DRESDEN FOX HILL - UNIT 7 0100013001372 09/09/03 1,510.00 INVOICE TOTAL: 1,510.00 AUG-FIFTH THIRD 08/22/03 01 FIFTH THIRD ZONING 0100013001372 09/09/03 203.00 INVOICE TOTAL: 203.00 AUG-FOX HILL 08/22/03 01 FOX HILL LICENSE AGREEMENT 0100013001372 09/09/03 130.00 INVOICE TOTAL: 130.00 AUG-HEARTLAND 08/22/03 01 HEARTLAND CIRCLE ANNEXATION 0100013001372 09/09/03 772.00 INVOICE TOTAL: 772.00 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER AUG-KIMBALL HIL 08/22/03 01 KIMBALL HILL ZONING 0100013001372 09/09/03 2,200.00 INVOICE TOTAL: 2,200.00 AUG-MENARDS 08/22/03 01 MENARDS RESIDENTIAL ZONING 0100013001372 09/09/03 1,920.00 INVOICE TOTAL: 1,920.00 AUG-MONTALBANO 08/22/03 01 MONTALBANO ZONING 0100013001372 09/09/03 940.00 INVOICE TOTAL: 940.00 AUG-MORRISSEY 08/22/03 01 MORRISSEY/HOPKINS CORNER 0100013001372 09/09/03 880.00 INVOICE TOTAL: 880.00 AUG-MPI (MOSER) 08/22/03 01 MPI (MOSER) 0100013001372 09/09/03 5,360.00 INVOICE TOTAL: 5,360.00 AUG-PARK BOARD 08/22/03 01 PARK BOARD/RECREATION DEPT 0111061005300 09/09/03 490.00 INVOICE TOTAL: 490.00 AUG-PLANO WELL 08/22/03 01 CITY OF PLANO WELL SITE 5100061005300 09/09/03 1, 620.00 INVOICE TOTAL: 1, 620.00 AUG-PUMP STATIO 08/22/03 01 PUMP STATION 3700075007504 09/09/03 750.00 INVOICE TOTAL: 750.00 AUG-QUINCER 08/22/03 01 QUINCER ORDINANCE 0122061005300 09/09/03 100.00 INVOICE TOTAL: 100.00 AUG-RAINTREE 08/22/03 01 RAINTREE VILLAGE 0100013001372 09/09/03 2,509.00 INVOICE TOTAL: 2,509.00 AUG-SANDERS 08/22/03 01 COY VS SANDERS 0111061005300 09/09/03 500.00 INVOICE TOTAL: 500.00 AUG-SENIOR 08/22/03 01 YORKVILLE SENIOR APARTMENTS 0100013001372 09/09/03 1,285.00 INVOICE TOTAL: 1,285.00 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER AUG-TOWERBOND 08/22/03 01 WATER TOWER BOND 4100061005300 09/09/03 1,050.00 INVOICE TOTAL: 1,050.00 AUG-TRINITY 08/22/03 01 (TRINITY CHURCH) VS LOVELESS 0100013001372 09/09/03 2,510.00 INVOICE TOTAL: 2,510.00 AUG-WASTE 08/22/03 01 WASTE TRANSFER 0122061005300 09/09/03 900.00 INVOICE TOTAL: 900.00 AUG-WESTBURY 08/22/03 01 WESTBURY ZONING 0100013001372 09/09/03 3,045.00 INVOICE TOTAL: 3,045.00 AUG-WINDETT 08/22/03 01 WINDETT RIDGE 0100013001372 09/09/03 2,520.00 INVOICE TOTAL: 2,520.00 AUG-YRK GARDENS 08/22/03 01 YORKVILLE GARDENS 0100013001372 09/09/03 165.00 INVOICE TOTAL: 165.00 VENDOR TOTAL: 33,464.00 AMGHOMES AMG HOMES, INC. PRK LAND CASH 08/25/03 01 REIMBURSE OVERPAYMENT 7200047004722 09/09/03 2,768.00 INVOICE TOTAL: 2,768.00 VENDOR TOTAL: 2,768.00 ARTLIP ARTLIP & SONS, INC. 132823 08/08/03 01 A/C REPAIR 1600075007205 09/09/03 1,226.45 INVOICE TOTAL: 1,226.45 VENDOR TOTAL: 1,226.45 ATT AT&T 081303 08/13/03 01 AT&T 0111062005436 09/09/03 29.81 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATT AT&T 081303 08/13/03 02 AT&T 0121062005436 09/09/03 29.81 03 AT&T 5100062005436 29.80 INVOICE TOTAL: 89.42 VENDOR TOTAL: 89.42 BATTM BATTERSON, MOLLY 082603 08/26/03 01 DENTAL ASSISTANCE 0111050005205 09/09/03 143.00 INVOICE TOTAL: 143.00 VENDOR TOTAL: 143.00 BOECKER BOECKER ROAD MAINT. INC. 02032 08/28/03 01 STREET REHAB PROJECTS 0141075007100 09/09/03 32,373.42 INVOICE TOTAL: 32,373.42 VENDOR TOTAL: 32,373.42 CALVG CALVERT, GLENN 082703 08/27/03 01 DENTAL ASSISTANCE 0111050005205 09/09/03 76.00 INVOICE TOTAL: 76.00 VENDOR TOTAL: 76.00 CHIMETRO CHICAGO METRO CHAPTER APWA CHAP CONFERNCE 08/08/03 01 CONFERENCE & EXPO 5200064005604 09/09/03 40.00 INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 CLASLINE CLASSLINE, INC. 34870 08/07/03 01 ID'S - DANNA,MARTIN,MILSCHEWSK 0111065005804 09/09/03 168.00 INVOICE TOTAL: 168.00 VENDOR TOTAL: 168.00 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC 64529 08/22/03 01 2 REPLACEMENT RADIOS 2000075007001 09/09/03 1,252.00 INVOICE TOTAL: 1,252.00 VENDOR TOTAL: 1,252.00 COMED COMMONWEALTH EDISON 081903 08/19/03 01 ELECTRICITY 5100062005435 09/09/03 7,110.66 INVOICE TOTAL: 7,110.66 082203 08/22/03 01 ELECTRICITY 0141062005435 09/09/03 1,210.96 INVOICE TOTAL: 1,210.96 VENDOR TOTAL: 8,321.62 COYPETTY CITY OF YORKVILLE PETTY CASH 083103 08/31/03 01 WRAPING - SUGGESTION BOX 0111065005804 09/09/03 5.39 02 RIVERFRONT CANOE RACE 0111064005607 80.00 03 FILING LIEN 5100061005300 18.00 INVOICE TOTAL: 103.39 VENDOR TOTAL: 103.39 DANNAE D'ANNA, ELIZABETH 082603 08/26/03 01 DENTAL ASSISTANCE 0111050005205 09/09/03 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 DEPO DEPO COURT REPORTING SERVICE 10227 08/22/03 01 PLAN COMMISSION MINUTES 0100013001372 09/09/03 365.80 INVOICE TOTAL: 365.80 VENDOR TOTAL: 365.80 DLCOOK D.L. COOK CORP. DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DLCOOK D.L. COOK CORP. JC20022024 08/06/03 01 STORM DAMAGE REPAIRS 1600075007203 09/09/03 458.00 INVOICE TOTAL: 458.00 VENDOR TOTAL: 458.00 DWYERD DWYER, DENNIS W. INC. EST #1 08/28/03 01 MILL & VAN EMMON WATERMAIN 4100061005408 09/09/03 237, 627.00 INVOICE TOTAL: 237, 627.00 VENDOR TOTAL: 237, 627.00 DYONJ DYON, JUDY 082803 08/28/03 01 VISION ASSISTANCE 0111050005205 09/09/03 260.00 INVOICE TOTAL: 260.00 VENDOR TOTAL: 260.00 ELITE ELITE PRINTERS 1793 08/28/03 01 3PART FORM 0141065005804 09/09/03 153.33 02 3PART FORM 5100065005804 153.33 03 3PART FORM 5200065005804 153.34 INVOICE TOTAL: 460.00 VENDOR TOTAL: 460.00 FILLIPIC FILLIPI, CHUCK POT HOLE DAMAGE 08/05/03 01 WHEEL/ALIGNMENT - POT HOLE 0141062005408 09/09/03 805.47 INVOICE TOTAL: 805.47 VENDOR TOTAL: 805.47 FNGERPNT FINGERPRINT AMERICA 150-4354 08/18/03 01 CHILD ID KITS 0121064005607 09/09/03 709.95 INVOICE TOTAL: 709.95 VENDOR TOTAL: 709.95 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT FULTON FULTON CONTRACTING 081303 08/13/03 01 WEATHER WARNING SIREN 0121062005414 09/09/03 2,025.04 INVOICE TOTAL: 2,025.04 VENDOR TOTAL: 2,025.04 FVTA FOX VALLEY TROPHY & AWARDS 17572 08/25/03 01 CERTIFICATE PLAQUE 0111064005607 09/09/03 10.00 INVOICE TOTAL: 10.00 VENDOR TOTAL: 10.00 GALLS GALL'S INC. 566049910 08/20/03 01 CANINE REPELLENT 5100065005804 09/09/03 69.93 INVOICE TOTAL: 69.93 VENDOR TOTAL: 69.93 HARTR HART, RICHARD 082703 08/27/03 01 VISION ASSISTANCE 0111050005205 09/09/03 192.00 INVOICE TOTAL: 192.00 VENDOR TOTAL: 192.00 HENNE HENNE CONSTRUCTION & ELECTRIC 22682 08/28/03 01 PHSE MONITOR BEECHER BLDG 1600075007200 09/09/03 338.55 INVOICE TOTAL: 338.55 VENDOR TOTAL: 338.55 HILTL HILT, LARRY 083003 08/30/03 01 VISION ASSISTANCE 0111050005205 09/09/03 343.85 INVOICE TOTAL: 343.85 VENDOR TOTAL: 343.85 HOPKINS HOPKINS, SHAMIM DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HOPKINS HOPKINS, SHAMIM 082703 08/27/03 01 VISION ASSISTANCE 0111050005205 09/09/03 36.28 INVOICE TOTAL: 36.28 VENDOR TOTAL: 36.28 ICCI INTERNATIONAL CODES 20030902 09/02/03 01 AUGUST BLDG INSPECTIONS 0111061005314 09/09/03 59,153.15 INVOICE TOTAL: 59,153.15 VENDOR TOTAL: 59,153.15 JACKHIRS JACKSON-HIRSH, INC. 485928 08/20/03 01 LAMINATE SUPPLIES 0111065005804 09/09/03 40.91 INVOICE TOTAL: 40.91 VENDOR TOTAL: 40.91 JLELEC J & L ELECTRONIC SERVICE, INC. 75043A 08/18/03 01 DC TERMINATION UNIT 0121062005408 09/09/03 620.75 INVOICE TOTAL: 620.75 VENDOR TOTAL: 620.75 KCSWCD KENDALL COUNTY SWCD WATER PHASE 08/13/03 01 USGS GROUND WTR PHASE 1 4100061005300 09/09/03 2,900.00 INVOICE TOTAL: 2,900.00 VENDOR TOTAL: 2,900.00 KENPR KENDALL PRINTING 11067 08/13/03 01 RUBBER STAMP 0111065005804 09/09/03 17.95 INVOICE TOTAL: 17.95 11071 08/14/03 01 WINDOW ENVELOPES 0111065005804 09/09/03 104.40 INVOICE TOTAL: 104.40 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT KENPR KENDALL PRINTING 11085 08/20/03 01 PAYROLL VOUCHERS 0121065005809 09/09/03 98.90 INVOICE TOTAL: 98.90 11128 08/29/03 01 BUSINESS CARDS - V. BURD 0111065005802 09/09/03 39.50 INVOICE TOTAL: 39.50 VENDOR TOTAL: 260.75 KIESLERS KIESLER'S POLICE SUPPLY INC. 00491688 08/14/03 01 KEVLAR BEAN BAGS 0121062005411 09/09/03 1,622.00 INVOICE TOTAL: 1, 622.00 491688 07/15/03 01 EAR PROTECTION/BEAN BAGS 0121062005421 09/09/03 203.00 INVOICE TOTAL: 203.00 VENDOR TOTAL: 1,825.00 KIRHOFER KIRHOFER'S SPORTS INC. 17354-00 08/22/03 01 SHIRTS 0141062005421 09/09/03 134.66 02 SHIRTS 5100062005421 134.67 03 SHIRTS 5200062005421 134.67 INVOICE TOTAL: 404.00 VENDOR TOTAL: 404.00 KUSTOM KUSTOM SIGNAL, INC. 169201 08/20/03 01 MICROPHONE AZDEN 0121062005421 09/09/03 219.00 INVOICE TOTAL: 219.00 VENDOR TOTAL: 219.00 MEADE MEADE ELECTRIC COMPANY, INC. 612167 08/21/03 01 SIGNAL REPAIR 34 & 47 0141062005414 09/09/03 967.30 INVOICE TOTAL: 967.30 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MEADE MEADE ELECTRIC COMPANY, INC. 612168 08/27/03 01 REPAIR LIGHT 47 & 71 0141062005414 09/09/03 2,262.95 INVOICE TOTAL: 2,262.95 612169 08/21/03 01 SIGNAL REPAIR 47 & CANNONBALL 0141062005414 09/09/03 79.65 INVOICE TOTAL: 79.65 VENDOR TOTAL: 3,309.90 MIDTAR MIDWEST TAR SEALER CO. M12061 08/25/03 01 CRACK FILLING 1500075007008 09/09/03 21,238.20 INVOICE TOTAL: 21,238.20 VENDOR TOTAL: 21,238.20 MSI MUNICIPAL SOFTWARE INC. 18615 08/25/03 01 MILEAGE 0111064005605 09/09/03 51.84 INVOICE TOTAL: 51.84 VENDOR TOTAL: 51.84 NAVISTAR NAVISTAR FINANCIAL CORPORATION 030576-670 06/05/03 01 04' INTERNATIONAL TRUCK 2100075007005 09/09/03 78,122.00 INVOICE TOTAL: 78,122.00 VENDOR TOTAL: 78, 122.00 NEMRT NORTH EAST MULTI-REGIONAL 41720 08/25/03 01 TRAINING - FRIDDLE/ACKLAND 0121064005604 09/09/03 730.00 INVOICE TOTAL: 730.00 VENDOR TOTAL: 730.00 NEXTEL NEXTEL COMMUNICATIONS 081703-CITY 08/17/03 01 PARKS DEPT NEXTEL RADIOS 0100013001372 09/09/03 667.70 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NEXTEL NEXTEL COMMUNICATIONS 081703-CITY 08/17/03 02 REC DEPT NEXTEL RADIOS 0100013001372 09/09/03 308.25 03 ADMIN DEPT NEXTEL RADIOS 0111062005438 498.19 04 WATER DEPT NEXTEL RADIOS 5100062005438 589.51 05 SEWER DEPT NEXTEL RADIOS 5200062005438 105.82 06 STREET DEPT NEXTEL RADIOS 0141062005438 104.70 07 POLICE DEPT NEXTEL RADIOS 0121062005438 223.28 INVOICE TOTAL: 2,497.45 081803PD 08/18/03 01 NEXTEL RADIOS 0121062005438 09/09/03 105.30 INVOICE TOTAL: 105.30 VENDOR TOTAL: 2, 602.75 NICOR NICOR GAS 080103 08/01/03 01 NATURAL GAS 0111078009002 09/09/03 39.04 INVOICE TOTAL: 39.04 080803 08/08/03 01 NATURAL GAS 0111078009002 09/09/03 686.47 INVOICE TOTAL: 686.47 VENDOR TOTAL: 725.51 OHERRON O'HERON, RAY 15311 08/12/03 01 PANTS/SHIRTS/BOOTS/COAT 0121062005421 09/09/03 1,247.80 INVOICE TOTAL: 1,247.80 15367 08/18/03 01 BATON HOLDER/STINGER HOLDER 0121062005421 09/09/03 101.80 INVOICE TOTAL: 101.80 325048 08/11/03 01 VESTS 0121062005422 09/09/03 538.27 INVOICE TOTAL: 538.27 325342 08/13/03 01 VESTS 0121062005421 09/09/03 1,703.44 INVOICE TOTAL: 1,703.44 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OHERRON O'HERON, RAY 325981 08/19/03 01 BOOTS 0121062005421 09/09/03 96.80 INVOICE TOTAL: 96.80 VENDOR TOTAL: 3, 688.11 PATTEN PATTEN INDUSTRIES, INC. 53C0068738 08/19/03 01 WASHER/SEALS/CLAMPS/HOSES 0141062005408 09/09/03 785.94 INVOICE TOTAL: 785.94 VENDOR TOTAL: 785.94 PLECKT PLECKHAM, TRACI DENTAL ASSIST 09/04/03 01 DENTAL ASSISTANCE 0111050005205 09/09/03 198.00 INVOICE TOTAL: 198.00 VENDOR TOTAL: 198.00 QUILL QUILL CORPORATION 3260908 08/21/03 01 PHOTO PAPER/FILE FOLDERS 0121065005802 09/09/03 74.88 INVOICE TOTAL: 74.88 VENDOR TOTAL: 74.88 RATOSJ RATOS, JAMES TAX REBATE 08/31/03 01 SALES TAX REBATE 0111078009003 09/09/03 2,460.93 INVOICE TOTAL: 2,460.93 VENDOR TOTAL: 2,460.93 RIVRVIEW RIVERVIEW FORD C35698 08/14/03 01 BATTERY REPLACEMENT M14 0121062005409 09/09/03 87.48 INVOICE TOTAL: 87.48 VENDOR TOTAL: 87.48 SALISM SAILSBURY, MARGARET DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SALISM SAILSBURY, MARGARET 083003 08/30/03 01 CLEAN P.W. 0141062005401 09/09/03 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 SAMS SAM'S CLUB 7881 08/06/03 01 STIRRERS/FORKS 0111065005804 09/09/03 13.33 INVOICE TOTAL: 13.33 VENDOR TOTAL: 13.33 SBC SBC 082503 08/25/03 01 PD FAX 0121062005436 09/09/03 47.95 INVOICE TOTAL: 47.95 VENDOR TOTAL: 47.95 SCHOPPE SCHOPPE DESIGN ASSOC. 10772 08/18/03 01 DHUSE PROPERTY 0100013001372 09/09/03 7,070.50 INVOICE TOTAL: 7,070.50 VENDOR TOTAL: 7,070.50 SECBLDR SECURITY BUILDERS SUPPLY CO 179410 07/21/03 01 KICKPLATES 1600075007202 09/09/03 42.00 INVOICE TOTAL: 42.00 VENDOR TOTAL: 42.00 SECSTATE SECRETARY OF STATE TITLE/PLATES 09/05/03 01 TITLE/PLATES 04' INTERNATIONAL 2100075007005 09/09/03 75.00 INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 SEYFARTH SEYFARTH, SHAW, FAIRWEATHER DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SEYFARTH SEYFARTH, SHAW, FAIRWEATHER 890884 08/31/03 01 LEGAL SERVICE - POLICE 0121061005300 09/09/03 421.55 02 CITY EMPLOYEE MANUAL 0111061005300 950.00 INVOICE TOTAL: 1,371.55 VENDOR TOTAL: 1,371.55 SFBCT SOUTHWEST FOX VALLEY CABLE 2ND QTR 08/25/03 01 2ND QTR CABLE CONSORTIUM FEE 0111062005404 09/09/03 5, 613.21 INVOICE TOTAL: 5,613.21 VENDOR TOTAL: 5, 613.21 SHELL SHELL OIL CO. 92223056308 08/16/03 01 486 GAL GASOLINE 0141065005812 09/09/03 321.96 02 486 GAL GASOLINE 5100065005812 160.98 03 486 GAL GASOLINE 5200065005812 160.98 INVOICE TOTAL: 643.92 VENDOR TOTAL: 643.92 SMITH SMITH ENGINEERING 317934 08/22/03 01 TRANSPORATION STUDY 0122062005401 09/09/03 4,302.50 INVOICE TOTAL: 4,302.50 317935 08/22/03 01 02' ROAD IMPROVEMENTS 0141061005313 09/09/03 1,673.00 INVOICE TOTAL: 1,673.00 VENDOR TOTAL: 5,975.50 STEEVES STEEVES, REBECCA MAILBOX 09/05/03 01 MAILBOX REPLACEMENT 0141065005804 09/09/03 47.39 INVOICE TOTAL: 47.39 VENDOR TOTAL: 47.39 THOMAS THOMAS ALARM SYSTEMS DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT THOMAS THOMAS ALARM SYSTEMS 082803 08/28/03 01 DATA/PHONE LINES CITY HALL 1600075007202 09/09/03 500.00 INVOICE TOTAL: 500.00 VENDOR TOTAL: 500.00 ULRICH ULRICH CHEMICAL, INC. 31238 02/19/03 01 CHLORINE 5100065005819 09/09/03 785.40 INVOICE TOTAL: 785.40 6580 10/02/02 01 FLOURIDE 5100065005820 09/09/03 737.50 INVOICE TOTAL: 737.50 VENDOR TOTAL: 1,522.90 UPS UNITED PARCEL SERVICE 080903 08/09/03 01 SHIPPING 5100065005808 09/09/03 37.88 INVOICE TOTAL: 37.88 081603 08/16/03 01 SHIPPING 5100065005808 09/09/03 76.13 INVOICE TOTAL: 76.13 082303 08/23/03 01 SHIPPING 5100065005808 09/09/03 82.49 INVOICE TOTAL: 82.49 VENDOR TOTAL: 196.50 VESCO VESCO 20770 08/28/03 01 INKJET BOND 0115065005802 09/09/03 35.35 INVOICE TOTAL: 35.35 VENDOR TOTAL: 35.35 VIANCONT VIAN CONSTRUCTION, INC. EST. #1 08/28/03 01 LIBERTY ST. WATERMAIN 4100061005408 09/09/03 147,166.38 INVOICE TOTAL: 147,166.38 VENDOR TOTAL: 147,166.38 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WADSWRTH WADSWORTH GOLF 1604 08/18/03 01 TREE REMOVAL 0141075007102 09/09/03 550.00 INVOICE TOTAL: 550.00 VENDOR TOTAL: 550.00 WALKERR WALKER, ROBIN DOOR DAMAGE 06/30/03 01 DOOR DAMAGE REIMBURSEMENT 0141062005408 09/09/03 466.44 INVOICE TOTAL: 466.44 VENDOR TOTAL: 466.44 WILLIAMA WILLIAMS, ANNETTE 090303 09/03/03 01 MILEAGE 0111064005605 09/09/03 12.96 INVOICE TOTAL: 12.96 VENDOR TOTAL: 12.96 WYWROTJ WYWROT, JOE 082903 08/29/03 01 DENTAL ASSISTANCE 0111050005205 09/09/03 555.00 INVOICE TOTAL: 555.00 VENDOR TOTAL: 555.00 YBSD YORKVILLE BRISTOL 071403 07/14/03 01 6/15-7/15 YBSD FEES COLLECTED 9500078009008 09/09/03 92,873.19 INVOICE TOTAL: 92,873.19 081503 08/15/03 01 7/15-8/15 YBSD FEES COLLECTED 9500078009008 09/09/03 174,330.81 INVOICE TOTAL: 174,330.81 VENDOR TOTAL: 267,204.00 YOLIBRAR YORKVILLE PUBLIC LIBRARY TAXES 08/26/03 01 PROPERTY TAXES 0100040004000 09/09/03 11,008.73 INVOICE TOTAL: 11,008.73 VENDOR TOTAL: 11,008.73 DATE: 09/05/03 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:39:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/09/2003 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ZBSUPPLY ZB SUPPLY COMPANY 51192 08/14/03 01 DISINFECT WIPES 0111062005406 09/09/03 41.54 INVOICE TOTAL: 41.54 51193 08/14/03 01 AIR FRESHNERS 0111062005406 09/09/03 79.02 INVOICE TOTAL: 79.02 51440 08/21/03 01 AIR FRESHNER 0111062005406 09/09/03 23.16 INVOICE TOTAL: 23.16 VENDOR TOTAL: 143.72 TOTAL A/P VENDORS = $ 957,302.19 TOTAL PAYROLL = $ 130,448.39 (See Attached) TOTAL DISBURSEMENTS = $1 ,087,750.58 CITY OF YORKVILLE PAYROLL SUMMARY 08/27/03 REG OT TOTAL DEPARTMENT GROSS GROSS GROSS SOC.SEC. IMRF EXPENSE ADMINISTRATION 24,966.96 0.00 24,966.96 1,909.98 2,145.57 29,022.51 ENGINEERING 6,557.60 0.00 6,557.60 501.67 552.79 7,612.06 POLICE 41,722.64 1,563.10 43,285.74 3,311.37 279.87 46,876.98 PUBLIC WORKS 16,381.80 1,534.73 17,916.53 1,370.64 1,459.70 20,746.87 LIBRARY 5,195.92 0.00 5,195.92 397.49 313.84 5,907.25 REC'S & PARKS 17,467.00 148.86 17,615.86 1,347.64 1,319.22 20,282.72 TOTALS: 112,291.92 3,246.69 115,538.61 8,838.79 6,070.99 130,448.39 09/04/03 17:01 '8`630 221 1220 WILLIAMS ASSOC. l )002/003 . . WILLIAMS • • .ARCHITECTS ' . 04 September 2003 'ARCHITECTS PLANNERS Ron Diederich . ' Sergeant • United City of Yorkville 800 Game Farm Road Yorkville., IL 60560 r • . RE: Addition of Track Lighting and Ceiling Fans at Council Chambers Room . Yorkville City Hall and Police Facility Improvements Project No. 2002-009 Dear Ron: Williams Architects understands the City is considering adding incandescent,track mounted lights and ceiling fans in the council chambers•of city hall.We have attached the sketch from our engineers showing the fans and lighting tracks. This sketch is being.used to finalize pricing for the additional work. The sketch shows 4 sections of track over the Diaz and staff table and 5 sections of track.over the audience area. Since'we have yet to get the final proposal from the electrical contractor, the costs are partially estimated at this time: We estimate the total cost to the city to be between $13,500 to $15,500 for the,track lighting and ceiling fans. . We want the city to understand that adding the track lighting willadd the warmer type of light that incandescent lights provide and will also prove to be very useful during times when the room needs,to be darkened for projector use. The city needs to understand the additional lights will not be adequate to provide the general lighting levels that are typically needed for the Use of this space. This will be particularly noticed during such events as election days, group gatherings, meetings, and even during most of the board meeting uses. The fluorescent lighting included in the design is the best way to,provide adequate and even lighting levels.We strongly urge the city to keep these in the,project and if certain room uses work well with just the track lights on, then the fluorescent lights can be switched off. Having both of these lighting systems is often used in our projects in important meeting spaces such as council chambers. Adding the ceiling fans can only help to even out the air temperatures and create air movement that will improve the comfort level during the sometimes long city meetings. ' ' . We'trust this information'will assist the city in determining whether to add the track lighting and the ceiling fans to the council chamber is in the best interest of the city. ' . Please call to discuss this issue as soon as possible. Cordially, • . '"Ze. -Vigfe_r.,4 . . :' . • • Mark Bushhouse AIA . Principal xc: Ron Diedriech/United City of Yorkville • John Caputo/Williams•Development . G:\2002\2002-009\Letters\It012.doc • Williams Associates Architects, Ltd. 450 East Gundersen Drive Carol Stream,IL 60188 Phone 630-221-1212 Fax 630-221-1220 Williams-Archltects.com 09/04/03 17:01 $630 221 1220 WILLIAMS ASSOC. Z003/003 PROVIDE SINGLE CIRCUIT TRACK WITH LIGHT FIXTURES ON 2'-0" CENTERS HALO A LI552, L65O SERIES TRACK AND ALL MISCELLANEOUS HARDWARE AS REQUIRED FOR A COMPLETE INSTALLATION. PROVIDE (4) NOVA T SERIES DIMMERS FOR COUNCIL CONTROL OF TRACK LIGHTING. VERIFY CHAMBERS LOCATION OF DIMMERS WITH OWNER PRIOR LPI: 252-12c1 L19 ! TO ROUGH-IN nRLA FOR .. -- RELOCATED A/C _ G A G a 12b I 136 Ic-zc.g g 5Od PROVID GEIL NG FANS D ri k D HUNTER 2812 , 22394, 221"15 ��07f�'M• — WITH SP D G NTROL AND rn " VAULTS GEIL N6 MOUNTS l GOORDI A_TE..WITCH LOCATION '�. \ l WITH ARCHITECT IN FIELD Ir4' .��, 30d CIRCUIT TO LPI, 23 4c. � 32. (TYPICAL FOR ) D D I� D .iD 1__ la ...� LPI. 31 II 36 � _' ON aiPt itib !!IP _ . I- 'LPG-30- 43b ti.- avd q ... a 1,1-7------ ll i, a ,20.11 -1 , "—lc' CONFER CE 2 ��1 m 56 / 'o).� � ;r Ai , _ 1 . ,I , •_ i Ik 9 MI EM 1. 2N1 ... ' r.)d COf PIIIIIIkk% 0 j . 2 56. 3L77—air *lot: / \ irri I ,/ //,�' l� RECE•TION i r WO MEN'S Alai 1Q�11 - �l n IRST FLOOR LIGHTING PLAN iilliams associates architects, ltd. cry HALL REMODEUNG PROJ.NO: 2002-009 S K- rrhltects/planners UNITED Cl!)'OF YORKVILLE DATE: 7-21.03 50 gundersen dr./carol str+earruillnois 80188 SCALE: 1/8"=1'-06 30221-1212 800 GAME FARM ROAD REFERRED: E� .0 x 6301221-1220 YORKVILLE,IWNOI8 E22 September 5, 2003 Contact: Annette (630) 553-8532 FOR IMMEDIATE RELEASE fax: (630) 553-7575 UNITED CITY OF YORKVILLE ANNOUNCES UPCOMING "PATRIOT'S WALK" The United City of Yorkville announces the September 11th Patriots Walk in honor of those whose lives were affected by the events in Washington, D.C. and New York on September 11, 2001, and also those who continue to serve our country in the ongoing war against terrorism. Mayor Art Prochaska, Jr. invites all to join him on September 11th at 6:30 P.M. at City Hall, 800 Game Farm Road, for a remembrance walk to Town Square Park. The walk route will be along Somonauk and Church Streets. Mayor Prochaska believes it is important to continue to remember those whose lives were affected on that historic day. Sept 5, 2003 To: Police Pension Board City Council United City of Yorkville Subject: Annual Police Pension Report As required by Illinois State Statue 40 ILCS 5/3 — 141 the statement below indicates the Police Pension Fund activity for fiscal year May 1, 2002 to April 30, 2003. Beginning balance as of May 1, 2002: 275,365.60 Contributions: Employees: 81,660.85 Tax Levy: 176,033.00 Income: Interest: 26.66 Dividends: 2,558.18 Total before expenses: 260,278.69 Expenses: Pension payments: 0.00 Officer withdrawals: 17,075.48 Filing cabinet 179.98 Legal Fees: 500.00 Total expenses: 17,755.46 Ending balance as of April 30, 2003 517,888.83 Submitted by: William Powell Treasurer: United City of Yorkville Annual pension statement.doc UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Van Emmon Street Watermain em4fit Date: August 29, 2003 Attached find a copy of a proposed watermain easement from Yorkville National Bank on the south side of Van Emmon just east of their parking lot. This easement is to allow construction of a fire hydrant, which is planned as part of our Mill/Van Emmon watermain project. The easement is identical in form to one recently dedicated by Bob Dearborn at the NW corner of Bridge/Van Emmon. This easement was recommended for approval by the Public Works Committee their meeting on May 19, 2003. Please place this item on the ept�ee of the Whole agenda for consideration. GRANT OF EASEMENT FOR WATERMAIN TO THE UNITED CITY OF YORKVILLE w E KENDALL COUNTY, ILLINOIS SCAT F. 1' :30' VAN EMMON STREET 10.00' EASOENT N85.09'054W PARS P.o.B. 319.82' I ��es -� - - N_85_09'OS�W - - _ I.- 10.00' 10.00' W 504.50'55"W 10.00' N04'50.55"E - - W 1 S85'09'05"E - - L 1 I F- „, I 1 BLACK'S NORTHEAST CORNER I ADDITION TO YORKVILLE TI BLOCK 15 1 BLOCK 15 I 1 ~ I CO I I I I = I 1 I 11 I ) 1 1 OWNER'S CERTIFICATE STATE OF ILLNaS) )S5 GRANTOR'S PROPERTY COUNTY OF KENDALL) THAT PART OF BLOCK 15 OF BLACKS ADDITION TO THE UNDERSIGNED.OWNERS OF THE PROPERTY DESCRIBED UNDER GRANTOR'S YORKVILLE AND PART CF THE SOUTHWEST OUARTER OF PROPERTY SHOWN HEREON.FOR AND N CONSIDERATON OF$1.00(ONE SECTION 33,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN.DESCRIBED AS FOLLOWS DOLLAR)AND OTHER COW AND VALUABLE G ANT T ATHRECEIPT OF STATE OF ILLINOIS YORK IS HEREBY ATHORWLEDGED,HEREBY GRANT THE UNITED OTT OF AFORESAID. COMMENCING Al A PONT S THE NORTH OF BLACK IS S.S. ASSIGNS.JOINTLY ANDTHOR RATHE PERM EE.SUCCESSORS AND CORNER O.SFEET WESTERLY FROM THE NORTHEAST COUNTY OF KENDALL ASSIGNS, AND SEVERALLY,THE AIN, RENEW EASEMENTS ABS CORNER OF SAID BLOCK 15;BRIDGE SOUTHERLY PARALLEL APPROVED AND ACCEPTED BY THE UNITED OTT OF YORKNLLE. HEREON,TO CONSTRUCT.OPERATE,MAINTAIN,RENEW.RELOCATE D REMOVE. NTH THE CENTER UNE LL L WM STERNO 349 UNE FROM TIME TO TME,WATFRMA N AND OTHER FACILITIES USED IN CONNECTION THENCE EASTERLY PARALLEL WITH ENE NORTH OF WITH SAID WATERMAIN,TOGETHER WITH RIGHT Cr ACCESS TO THE SAME AND BLOCK 15 AFORESAID 16.55 FEET FOR THE PONT OF IUINOS,THIS DAY OF 2003. TXE RIGHT FROM SUE TO TIME TO WIN OR REMOVE TREES,BUSHES AND BEGINNING THENCE NORTHERLY TO A PONT IN THE SAPUNGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND NORTHERLY UNE OF BLOCK 15 WHICH IS 391.30 FEET SUBSURFACE AS HAY BE REASONABLY REOUIRED INCIDENT TO THE GRANT WESTERLY FROM THE NORTHEAST CORNER THEREOF,THIS HEREIN GIVEN,UNDER.ACROSS ALONG AND UPON THE SURFACE OF COURSE HEREINAFTER REFERRED TO AS LINE'A':THENCE BY: PROPERTY DESCRIBED y,N/DER PERMANENT WATERMAIN EASEMENT. EASTERLY ALONG TRE NORTHERLY UNE CF SAID BLOT(15. MAYOR %/��/ IC I�'�[ �1 Q,�F. 93 FEET THENCE SOUTHERLY PARALLEL WITH THE CENTER DATED AT . ✓! { ALNOS,THIS O�B SAY OF LINE OF BRIDGE 5111001.361 FEET:THENCE WESTERLY AlaLLSllll/ PARALLEL WITH THE NORTHERLY UNE OF SAID BLOCK 15, '1 T 2003. 75.88 FEET TO LINE'A-AFORESAID EXTENDED SOUTHERLY; ATTEST: THENCE NORTHERLY ALONG SAID EXTENDED UNE'A'TO THE OTT'CLERK "�GS�✓•y/ 6L PONT CF BEONNING; IN THE MLLAGE OF YORKVILLE. /7� fyIKENDALL COUNTY. NOIS H'! BY: E V NAME TYLE YORKVILLE NATIONAL BANK STATE OF ILLINOIS) )SS COUNTY OF KENDALL) I, TDan LA.16+4 NOTARY PUBLIC,N AND FOR SAID COUNTY MID STATE -n PEaIAMENT WATERMAN EASEMENT AFORESAID.DO HEREBY CERTIFY TEAT 111oTMS E -Noma a., STATE OF IWNaS) n `` �1 THAT PART OF BLOCK I5 OF BLACKS ADDITION TO YORKVILLE )SS TfYSifl ERT • PERSONALLY KNOWN TO ME TO DESCRIBED AS FOLLOWS: COMMENONG AT THE NORTHEAST COUNTY OF KANE) BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING CORNER OF SAID BLOCK 15; THENCE NORTH B5 DEGREES 09 INSTRUMENT.APPEARED BEFORE ME THIS DAY N PERSON AND ACKNOWLEDGED MINUTES 05 SECONDS WEST(assumed)ALONG THE NORTH LINE THIS IS TO CERTIFY THAT ENGINEERING ENTERPRISES.INC.HAS THAT THEY SIGNED AND DELIVERED THE FOREGOING NSTRUMENT AS NOB OWN OF SAID BLOCK 15,BONG ALSO THE SOUTHERLY LINE OF VAN PREPARED THIS GRANT OF EASEMENT AS SHOWN BY TLE FREE MID VOLUNTARY ACT,FOR THE USES AND PURPOSES THERON SET EMMON STREET.319.82 FEET FOR THE PONT OF BEGINNING; ANNEXED PLAT WHICH IS A TRUE AND CORRECT REPRESENTATION CF FORTH. THENCE CONTINUING ALONG SAID NORTH UNE 10.00 FEET: SAID PROPERTY,FOR THE USES AND PURPOSES DESCRIBED HERON. T AY CF 1C_ONFFEESTa;SOUTH DESOOUTHSSH B9 MINUTESEG009 MINUTES 0WEST, ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. OVEN UND,0- MY AMID AND NOTARIAL SEAL THIS OVEN UNDER MY HAND AND SEAL AT SUGAR GROVE ILLINOS.THIS lb rc'4' 2003 MINUTES 5SECONDS 5 SECONDS EAST.10.00 FEET TO THE PONTY 10.00 FEET; THENCE NORTH 04 DEGREES F C1 ,.,_ U FFFF''���� BEGINNING..N THE UNITED CITY OF YORKVILLE,KENDALL COUNTY. I ) " FIAT OF AP(LI L- 2003. 1A Y•140-A-4-- ILLINOIS. IT NOTARY PUBLIC ��F�� MY COMMISSION EXPIRES:DI/tOIabo B F' A ( Vl.��'V✓�' Y P1 SSIONAL LAND SURVEYOR /2724 MN ARVNDO? EXP-11-30-04 IBIINHIi07 Fswar �IKINhj ydHR F ,O 4 - 7,721 •.s�4i s i PROFEEsHD4*PL 7F Engineering Enterprises, Inc. 4, SURVEYORf. CML ENGINEERS&LAND SURVEYORS SIATEOF:'• = 52 Wheeler Road ,!, -• • - r Sugar Grove, Illinois 60554 441.1�WL`Nrr� Phone: (630) 466-9350 PROJ.Y0011D-A DWG.Y00110-Al2 09/05/2003 11 : 10 FAX 630 553 5764 DANIEL J. KRAMER 1002/035 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) PROPOSED FIRST AMENDMENT TO ANNEXATION AGREEMENT and PLANNED UNIT DEVLEOPMENT AGREMENT BETWEEN THE UNITED CITY OF YORKVILLE, A MUNICIPAL CORPORATION,AND INLAND LAND APPRECIATION FUND, L.P., A DELAWARE LIMITED PARTNERSHIP (ROUTE 47 AND CORNEILS ROAD) NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located in the County of Kendall, State of Illinois, hereinafter referred to as "CITY", INLAND LAND APPRECIATION FUND, LIP., a Delaware Limited Partnership,hereinafter referred to as "OWNERS/DEVELOPERS". WITNESSETH WHEREAS, an Annexation Agreement was entered into by and between OWNERS/DEVELOPERS and the CITY on March 25, 1995 providing for the annexation, zoning and general plan of development for certain real property which at that time was located outside of the boundaries of the CITY; and WHEREAS, OWNERS/DEVELOPERS are desirous of entering into this Planned Unit Development Agreement for a portion of real property which is the subject matter of said Agreement comprising approximately 85.296 acres,more or less an R-2 Planned Unit —1— 09/05/2003 11 . 10 FAX 630 553 5764 DANIEL J. KRAMER Z003/035 Development Use pursuant to the March 25, 1995 Annexation Agreement incorporated herein by reference; and WHEREAS, OWNERS/DEVELOPERS agree to enter into said Amendment to said Annexation Agreement and enter into said Planned Unit Development Agreement that shall become effective upon execution; and WHEREAS, the CITY through its Plan Commission, City Council, and Staff review of the proposed First Amendment to the Annexation Agreement and Planned Unit Development Agreement presented by OWNER/DEVELOPER and wishes to enter into this First Amendment to the Annexation Agreement and Planned Unit Development Agreement; and WHEREAS, in mutual consideration of OWNERS/DEVELOPERS purchasing the subject real property from OWNERS/DEVELOPERS, and the CITY agreeing to certain Annexation Agreement amendments with OWNERS/DEVELOPERS which inure exclusively to the mutual benefit of each party hereto,the parties do agree to enter into the following First Amendment Annexation Agreement: NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties agree as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) REAL PROPERTY EFFECTED: This First Amendment shall affect only the terms, conditions, and general development plan as set out in the original Annexation Agreement of March 25, 1995 of which are hereby specifically —2— 09/05/2003 11 10 FAX 630 553 5764 DANIEL J. KRAMER a 004/035 referenced herein. This First Amendment to Annexation Agreement shall only become effective upon. AMENDMENTS: The Annexation Agreement of March 25, 1995 shall be superceded by the Planned Unit Development Agreement providing for R-2 Single Family Use for approximately 85.296 acres legally described in Exhibit"A"attach hereto and incorporated herein by reference. 3. AUTHORIZATION OF AMENDMENT: OWNERS/DEVELOPERS warrant that the parties hereto have full and express authority to enter into an Amendment of the original Annexation Agreement dated March 25, 1995 to which this Amendment is appended pursuant to that Agreement. 4. RATIFICATION: All parties hereto agree that except to the extent performance standards or other terms of the original Annexation Agreement have been amended by the Planned Unit Development Agreement, all other terms of the original Annexation Agreement dated March 25. 1995 are hereby ratified, re-published, and reconfirmed between the parties hereto and remain the agreement of the parties. Both OWNERS/DEVELOPERS warrant that OWNERS/DEVELOPERS shall stand in the position of a successor and assign of OWNERS as to all rights accruing under the original Annexation Agreement. 5. All parties agree that a new Planned Unit Development Preliminary Plan incorporated herein as Exhibit "B"is hereby adopted as part of this —3— 09/05/2003 11 10 FAX 630 553 5764 DANIEL J. KRAMER 1005/035 Amendment as to the portion of the subject real property being used for residential purposes. 6. SEVERABILITY: Should any provision of this Annexation Amendment be found to be unenforceable by a Court of competent jurisdiction,the remaining terms and conditions of this First Amendment Annexation Agreement as well as the original Annexation Agreement dated March 25, 1995 shall remain in full force and effect. 7. Notice until further notice shall be provided at the following addresses: CITY: City Clerk United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Copy to: Attorney Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNERS: Inland Land Appreciation Fund c/o Matthew Fiascone 2901 Butterfield Road Oak Brook, IL 60523 Inland Land Appreciation Fund c/o Daniel Bauer 2901 Butterfield Road Oak Brook,IL 60523 8. TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all —4— 09/05/2003 11 : 10 FAX 630 553 5764 DANIEL J. KRAMER Z006/035 covenants contained in this Amendment shall be performed in a timely manner by all parties hereto. —5— 09/05/2003 11 10 FAX 630 553 5764 DANIEL J. KRAMER Z007/035 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to Planned Unit Development Agreement this day of , 20_. CITY: OWNERS/DEVELOPERS: UNITED CITY OF YORKVILLE INLAND LAND APPRECIATION FUND, L.P.,, By: By: Attest: Attest: Dated: Dated: Dated: Prepared by: Law Offices of Daniel J. Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 —6— 09/05/2003 11 12 FAX 630 553 5764 DANIEL J. KRAMER 022/035 STATE OF ILLINOIS ) COUNTY OF KENDALL ) PROPOSED PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND INLAND LAND APPRECIATION FUND, L.P.,A DELAWARE LIMITED PARTNERSHIP, DEVELOPER AND OWNER OF RECORD (CALEDONIA SUBDIVISION) NOW COMES, INLAND LAND APPRECIATION FUND, L.P., a Delaware Limited Partnership, OWNER and DEVELOPER of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation,who hereby enter into this Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the City Council of the United City of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1. WHEREAS, each party agrees that it is in the best interests of the OWNER and DEVELOPER and the CITY to annex and develop the subject real property described in the attached Exhibit"A" as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the —1— 09/05/2003 11. 12 FAX 630 553 5764 DANIEL J. KRAMER 8023/035 development and to adjoining real property; and 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property; and 3. WHEREAS, each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property; and 4. WHEREAS,the DEVELOPER has agreed to perform certain requirements made by the United City of Yorkville. 5. WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and 6. WHEREAS, OWNER desires to enter in this Planned Unit Development Agreement for the said real property described in the attached Exhibit"A" and amend the Annexation Agreement entered into on March 25, 1995; and 7. WHEREAS, CITY, its Plan Commission has considered the Petition, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 8. WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be developed in an orderly manner; and 9, WHEREAS, OWNER and its representatives have discussed the proposed rezoning and have had public meetings with the Plan Commission and the City —2— 09/05/2003 11 : 12 FAX 630 553 5764 DANIEL J. KRAMER Z024/035 Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A. The subject property described in the attached Exhibit"B"shall be zoned in conformance with each unit or zoning set forth in the approved Preliminary Planned Unit Development Plan, consisting of Preliminary Plat and Preliminary Engineering, copies of which are attached hereto and incorporated herein as Exhibit "C" and made a part hereof,providing for R-2 One-Family Residential District, and shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto and incorporated herein by reference as part of Exhibit"C"; the legal description for the R-2 One-Family Residential District being attached hereto and incorporated herein as Exhibit"D". The subdivision shall further be developed and improved according to the Preliminary Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit"F". That approval of the Preliminary Plat is subject to a Flood Plain Verification and Identification to be determined by Engineering Enterprises, Inc. Should any portion of the subject property contain a flood plain as is disclosed by the Rob-Roy Creek Flood Plain Study being conducted by Engineering Enterprises Inc., Owner/Developer agrees that the City Subdivision Control Ordinance and Zoning Ordinance shall apply and Developer/Owner shall —3— 09/05/2003 11 12 FAX 630 553 5764 DANIEL J. KRAMER a 025/035 not build any homes on proposed lots that are disclosed to be within a flood plain area. In the event the Flood Plain Study discloses lots that become unbuildable, Owner/Developer reserves the right to petition to amend, or modify any Concept Drawings,Preliminary Hat, or Agreement to shift location of Platted lots in order to maintain the density granted to Owner/Developer under the terms of its previous Planned Unit Development Agreement,including the right to Petition to Amend the Residential Class of Zoning to accomplish the forgoing, B. That single-family areas of the development shall be governed by the following performance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1. Lot sizes shall be a minimum of 9,350 square feet with lot sizes generally following the lot sizes set out and calculated on the approved Preliminary Plat as set out in the attached Exhibit"C". 2. The minimum front yard set back shall be forty feet (40') and the minimum rear yard set back shall be thirty feet(30'). 3. The minimum side yard setbacks shall be seven and one half feet(7 Y2'). 4, The minimum lot width shall be seventy feet(70'). 5. The minimum corner lot width shall be ninety-two and one half feet (92.5'). 6. The minimum radius to centerline of horizontal curves of a minor street shall be ninety feet(90'). 7. The minimum roadway width shall be thirty feet(30'). —4— 09/05/2003 11 : 12 FAX 630 553 5764 DANIEL J. KRAMER Id)02G/035 8. The minimum right-of-way shall be sixty-six feet (60'). C. That the DEVELOPER has agreed to satisfy the City of Yorkville Land/Cash Ordinance through the contribution of a school site of acres,which shall be deeded to Yorkville Community School District#115 at the time of recording of the First Final Plat of Subdivision. In the event the land conveyance does not totally satisfy Ordinance requirements the OWNER shall pay any excess contributions due to the Yorkville Community School District#115 in addition of land contributions for schools in conformance with the City of Yorkville Land/Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-2 One-Family Residential District of the development attached hereto and incorporated herein as Exhibit"H"is a letter from the Yorkville School District acting to reserve cash in lieu of land contribution. For all residential phases of said subdivision,payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject single-family building permit. D. That the DEVELOPER shall pay Dollars($ ) cash contribution and complete the following on-site improvements to the development in lieu of land contributions for parks in conformance with the United City of Yorkville Land/Cash Ordinance in effect at the date of Preliminary Plat approval: 1. The DEVELOPER shall provide acres of permanent open space as per the approved Preliminary Plat. E. In order to facilitate said open space maintenance OWNERS/DEVELOPERS shall —5— 09/05/2003 11 13 FAX 630 553 5764 DANIEL J. KRAMER a027/035 form an Illinois Not-For-Profit Corporation and provide an initial estimated budget,by-laws and assessment terms creating a mechanism for said open space improvements maintenance prior to or simultaneous with the first Final Plat of Subdivision being approved by the City Council. In order to provide for the maintenance of open space and trail areas, OWNERS/DEVELOPERS agree to execute a consent to the creation of a Special Tax Service Area and have approved Ordinance encumbering all residential units of said subdivision,in the event the homeowners association for Caledonia Subdivision fails to carry out its maintenance responsibilities. That the development of said property shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the City of Yorkville Zoning Ordinance Subdivision Control Ordinance,City Reimbursement of Consultants and of Review Fees Ordinances, City Land-Cash Ordinance, City School Transition Fee Ordinance, City Development Fee Ordinance and Siren Fee,which have been voluntarily contracted to between the parties and agreed to by DEVELOPER as a condition of approval of the Planned Unit Development Agreement. DEVELOPER, except to the extent varied by this Agreement, the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is —6— 09/05/2003 1 1. 13 FAX 830 553 5764 DANIEL J. KRAMER IA 029/035 initiated. No change in the City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, City School Transition Fee, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers, however,will be bound by changes in BOCA building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNER/DEVELOPER, said modifications shall be effective as to the subdivision in the event OWNER/DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. F. The DEVELOPER shall pay Three Thousand Dollars ($3,000,00) as School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, Two Thousand One Hundred Dollars (52,10000) in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition,development, and other fees —7— 09/05/2003 1 113 FAX 630 553 5764 DANIEL J KRAMER 1029/035 shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single-family building permit. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms of this Agreement. G. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts to assist the DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of DEVELOPER. H. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control: 1, Roadway right-of-ways, widths of streets,and roadway construction standards shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plat. —8— 09/05/2003 11: 13 FAX 630 553 5764 DANIEL J. KRAMER Z030/035 2. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines,the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY,or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any over sizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat, Preliminary and Final Engineering Plans approved by the City Engineer. 1. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 2. The CITY agrees to negotiate with DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement and Flood Plain Verification and Identification Study conducted by Engineering Enterprises benefiting future users that are contiguous or within a reasonable service area of the subject subdivision, Any recapture —9— 09/05/2003 11 13 FAX 830 553 5764 DANIEL J. KRAMER ll 031/035 shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by DEVELOPER, and approved by a majority vote of the City Council. 3. Developer shall be permitted to recapture the cost of the Rob Roy Creek Flood Plain Study conducted by Engineering Enterprises,Inc.pursuant to a resolution setting forth the amounts and method of recapture to be passed by the City Council. Said Recapture shall only apply to funds advanced by DEVELOPER in amount greater than thirty seven thousand and 00/100 dollars ($37,000.00). J. The Annexation and Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Preliminary Plat attached hereto and incorporated herein as Exhibit"C". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. DEVELOPER further agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining owners of the subject property and account for the flood plain encroaching upon the subject property. K. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and assigns of each party hereto. L. If any portion of this Agreement were determined to be invalid by a court of —10— 09/05/2003 11 : 13 FAX 630 553 5764 DANIEL J. KRAMER 1032/035 competent jurisdiction the remaining portions thereof shall be in full force and effect between DEVELOPERJOWNER and the CITY. M. This Agreement shall be binding upon each party hereto in terms of performance for a period of twenty years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. N. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 111 W.Fox, Ste. 3 Yorkville, IL 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 If to the OWNER/DEVELOPER: Inland Land Appreciation Fund c/o Matthew Fiascone 2901 Butterfield Road Oak Brook, IL 60523 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. —11— 09/05/2003 11 13 FAX 630 553 5764 DANIEL J. KRAMER 033/035 0. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. P. In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. Q. The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon,or to correct any technical defects which may arise after the execution of this Agreement. —12— 09/05/2003 11 13 FAX 630 553 5764 DANIEL J. KRAMER 0034/035 IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of , 20 . UNITED CITY OF YORKVILLE, Kendall County, Illinois By: _ MAYOR Attest: CITY CLERK —13— 09/05/2003 1 113 FAX 630 553 5764 DANIEL J KRAMER Z 035/035 OWNER/DEVELOPER: INLAND LAND APPRECIATION FUND,L.P., a Delaware Limited Partnership By: Attest: Dated: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -14- STATE OF ILLINOIS ) )SS Revised August 7, 2003 COUNTY OF KENDALL ) Revised August 18, 2003 Revised August 26, 2003 PROPOSED PLANNED UNIT DEVELOPMENT AGREEMENT OF NEW DIRECTION HOUSING CORPORATION This Planned Unit Development Agreement (hereinafter"Agreement"), is made and entered into this day of , 2003,by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY' and NEW DIRECTION HOUSING CORPORATION, INC., hereinafter referred to as "DEVELOPER" and SUNFLOWER ESTATES, L.L.C., hereinafter referred to as "OWNER". WITNESSETH WHEREAS, OWNER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 3.48 acres, more or less (hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit"B"; and WHEREAS, DEVELOPER has entered into a written agreement to purchase the real property which is the subject matter of said Agreement comprising approximately 3.48 acres, more or less; and WHEREAS, CITY has determined that a need for affordable housing for the population over the age of 55 exists within the UNITED CITY OF YORKVILLE; and WHEREAS, the CITY and DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the R-4 General Residence Zoning Use shall be exclusively for an age restrictive facility specifically providing residences for those individuals who are 55 years of age or older. WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Planned Unit Development Agreement and the Ordinances of —1— the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to an R-4 General Residence Zoning Use for said parcel; and WHEREAS, it is the desire of the CITY and DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and WHEREAS, it is the intent of OWNER and DEVELOPER to design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the CITY have been given to the persons or entities entitled thereto,pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS,the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER,DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an R-4 General Residence District as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS, the DEVELOPER agrees to abide by the documentation as required by the State of Illinois to qualify as an age restriction property a copy of which is attached hereto and incorporated by reference as Exhibit"C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: —2— A. That the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers,however,will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The subject Site Plan attached hereto and incorporated herein by reference of OWNER/DEVELOPER shall be permitted to have a density of fifteen dwelling units per acre. OWNER/DEVELOPER is hereby permitted a deviation from the United City of Yorkville Subdivision Ordinance to provide parking shall be in covered but not fully in- closed garages, and the height of the building as set out in the Preliminary Plat is approved regardless of Ordinance height restrictions. C. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-of-ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan. D. Sanitary Sewer Facilities. 1. DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or"YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. —3— The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including,without limitation, the Illinois Environmental Protection Act,permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. 2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat, Preliminary and Final Engineering Plans approved by the City Engineer. 4. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the subject subdivision Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings,pursuant to the Engineer's Estimate of Cost and Actual Cost of the —4— Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. OWNER/DEVLOPER acknowledges that there is recapture due to the United City of Yorkville for Sanitary Sewer and Water Interceptors previously run to service the subject property. City will disclose prior to final passage of an Ordinance approving this Agreement whether any other recapture is in fact due as a result of said Development 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape, Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for the Subject Property. 8. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan("Final Landscape Plan") and final engineering plans ("Final Engineering") for the Development,which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plan so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of Development, (ii)the payment of applicable fees to the CITY as provided for in this Agreement and(iii)the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the"Final Plans". —5— AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended,varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five(5)year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period,provided, however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. E. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the submission of the as built plans. F. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. —6— Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 111 W. Fox, Ste. 3 Yorkville, IL 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 If to the DEVELOPER: New Direction Housing Corporation c/o Roger Brown 1920 Highland Ave., Suite Lombard, IL 60148 With a Copy to: Applegate &Thorne—Thomsen P.C. Mr. Warren Wenzloff —7— 322 S. Green St., Suite 412 Chicago, IL 60602 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not effected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be for five (5)years. In the event construction is commenced within said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used —8— herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNERS, including,but not limited to, county, state or federal regulatory bodies. —9— IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of, 2003. UNITED CITY OF YORKVILLE, Kendall County, Illinois By: MAYOR Attest: CITY CLERK OWNER/DEVELOPER: NEW DIRECTIONS HOUSING CORPORATION By: Attest: Dated: —10—