Committee of the Whole Packet 2003 11-04-03 United City of Yorkville
EST = County Seat of Kendall County
800 Game Farm Road
CO Yorkville,Illinois 60560
i. • O Phone:630-553-4350
�'�
Fax:630-553-7575
V
AGENDA
COMMITTEE OF THE WHOLE
Tuesday, November 4, 2003
7:00 PM
City Conference Room
Public Hearing: None
Presentations: None
Note: "CA" denotes a recommendation by the respective Committee for that item to
go on the Consent Agenda of the City Council Agenda.
Mayor:
1. Plan Commission Restructure
SEconomic Development Committee:
1. Yorkville Hill Landscaping PUD Agreement - COW 10/7/03
2. Ordinance Modifying Subdivision Name from Menard's Residential to Prairie
Meadows
3. Westbury Annexation Agreement - COW 8/5/03 & 7/15/03
Park Board:
1. Athletic Field Reservation Policy - Pk Bd 10/13/03
2. Beecher Use - COW 10/7/03
3. Elsie Luise Gilbert Park
Public Works Committee:
1. Amendment to Burning Ordinance - COW 10/7/03
2. Well #7 Change Order- PW 10/27/03
3. Appletree Court Roadway & Utility Improvement Change Order - PW 10/27/03
4. Wells #8 & 9 Treatment Facility- PW 10/27/03
5. Water Report for August 2003 - PW 10/27/03
6. City Hall Parking Lot Change Order - PW 10/27/03
• 7. Grande Reserve - Plat of Easement- PW 10/27/03
8. Standard Equipment Company for Yard Waste Collector- PW 10/27/03
9. Stop Signs at the Intersection of Greenbriar& Walsh - PW 10/27/03
t
Ak Page 2
11, Committee of the Whole
November 4, 2003
Public Safety Committee:
1. Police Reports for 2003 - PS 10/23/03
2. Request to fill 2 Part-time Officer Vacancies - PS 10/23/03
3. Server and Router Located at the High School - PS 10/23/03
Administration Committee:
1. Resolution for Checking Account for Clerk's Office for the Recording of Documents
- Admin 10/9/03
2. IMLRMA Renewal for 12/31/03 - 12/31/04
3. Internship Manual - COW 10/21/03 & Admin 10/9/03
4. Resolution Consolidating Certain Funds: South Sewer& Working Cash- Admin
12/12/02
• Additional Business:
lb
•
UNITED CITY OF YORKVILLE
AGENDA
COMMITTEE OF THE WHOLE
Tuesday, November 4, 2003
7:00 PM �\1��
CITY CONFERENCE ROOM n �
STATUS:
MAYOR:
1. Plan Commission Restructure
O
ECONOMIC DEVELOPMENT COMMITTEE:
•
1. Yorkville Hill Landscaping PUD Agreement
C- 2. Ordinance Modifying Subdivision Name from Menard's Residential to Prairie
Meadows
3. Westbury Annexation Agreement
PARK BOARD:
4110 4it
I 1. Athletic Field Reservation Policy
•
(%-
2. Beecher Use
3. Elsie Luise Gilbert Park ///21
PUBLIC WORKS COMMITi i E:
6/11..i° 1-"*"."
C kt 1. Amendment to Burning Ordinance
•
LC- e " 2. Well#7 Change Order
!✓ , 3. Appletree Court Roadway&Utility Improvement Change Order
�.f 4. Wells#8&9 Treatment Facility
• e- 5. Water Report for August 2003
•
6. City Hall Parking Lot Change Order
(;)-14.
eebce„ Grande Reserve- Plat of Easement
C 8. Standard Equipment Company for Yard Waste Collector
9. Stop Signs at the Intersection of Greenbriar&Walsh
•
PUBLIC SAFETY COMMITTEE:
CC -I 1. Police Reports for 2003
ftf2. Request to Fill 2 Part-time Officer Vacancies
• i. 3. Server and Router Located at the High School
•
ADMINISTRATION COMMITTEE:
C:- % 1. Resolution for Checking Account for Clerk's Office for the Recording of
Documents ,-) L S._ . ,
e A 2. IMLRMA Renewal for 12/31/03 - 12/31/04
Ce- 3. Internship Manual---- Cill-(7
IId, '
14 . 4. Resolution Consolidating Certain Funds: South Sewer&Working Cash
6.
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0 ci,, ,,,gob(1
dditional Business
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P 41
•
10/30/2003 11 :43 FAX 630 553 5764 DANIEL J. KRAMER l 009/018
STATE OF iLLINOIS ) 10:1Q-413
)SS
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNiT DEVELOPMENT AGREEMENT OF
YORKVILLE HILL LANDSCAPING
This Annexation and Planned Unit Development Agreement(hereinafter"Agreement"),
is made and entered into this day of .2003,by and between the UNITED crry OF
YORKViLLE,a municipal corporation,hereinafter referred to as"CITY"and NEW
YORKVILLE HILL LANDSCAPING,hereinafter referred to as"OWNER/DEVELOPER".
WITNESSETH
WHEREAS,OWNER/DEVELOPER owns fee simple interest to the real property which
is legally described in Exhibit"A"attached hereto,consisting of approximately 5.07 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,OWNER/DEVELOPER is the owner of real property which is the subject
matter of said Agreement comprising approximately 5.07 acres,more or less;and
WHEREAS,the subject real property is located contiguous to the corporate boundaries of
the CITY;and is not located within the corporate boundaries of any other municipality;nor is
any portion thereof classified as flood plain;and
WHEREAS,the CITY and OWNER/DEVELOPER agree said Planned Unit
Development consisting of a single lot subdivision with the B-3 Service Business Zoning Use
shall be exclusively for a landscaping business and providing for storage of nursery stock,
landscaping materials and equipment and retail showroom.
WHEREAS,it is the desire of CITY and OWNER/DEVELOPER to annex PROPERTY
and 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 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 a B-3 Service Business Zoning Use said
parcel;and
WHEREAS,it is the desire of the CITY and OWNER/DEVELOPER to enter into this
Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions
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10/30/2003 11 :43 FAX 630 553 5764 DANIEL J. KRAMER a010/0113
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/DEVELOPER to design a storm water
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 B-3
Service Business Zoning Use as set forth in the attached hereto and incorporated herein as
Exhibit"B';and
WHEREAS,the OWNER/DEVELOPER agrees to abide by the landscaping provisions of
which are 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:
A. That the subject real property described in the attached Exhibit"A"shall be annexed to
the CITY and 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 Yorlcville Zoning Ordinance Subdivision Control Ordinance,City
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10/30/2003 11 :43 FAX 630 553 5764 DANIEL J. KRAMER @j011/018
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 Cont of Ordinance at the time of execution of this Agreement. 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 City agrees that should the United City of Yorkville revise,
alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide
for a reduction from the standard as of the date of this Agreement,the City will allow the
OWNER/DEVELOPER to comply with reduced standard.
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.
I. The OWNER/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 should said service be extended within a distance specified by
Ordinance to the PROPERTY. 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/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
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10/30/2003 11 :43 FAX 630 553 5764 DANIEL J. KRAMER l 012/018
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
Improvements submitted by OWNER/DEVELOPER,and approved by a majority
vote of the City Council.
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 Kendall Township,Kendall County and the State of Illinois. The
actual cost of acquisition of any easement shall be at the expense of
OWNER/DEVELOPER.
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10/30/2003 11 .43 FAX 630 553 5764 DANIEL J. KRAMER iQ013/018
E. 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 pans 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 and Exhibit"C". Prior
to aompyal gIthg Final,gite Plan.OWNS, E LpPE groes to olagin jamimalgspagf
the landscape improvements referenced to in Exhibit"C"and agrees to post a letter of credit or
bond with the CITY for the amount of said landscape improvements. CITY agrees to reduce
and/sir release jhe Ietj r_olcrcit.gLI and for tl>g nkyoingjmnrayem,,, nth inm r n with
the policies in place at the time of execution of this Agreement.
F. 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".
G. 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,OT 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
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10/30/2003 11:43 FAX 630 553 5764 DANIEL J. KRAMER 12)014/018
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.
H. 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
jn.compliance with the requirements of said ordinance,and shall adopt the resolution accepting
I said public improvements not later than thirty(30)days following the apnroval<of the as built oersted:tor enchPitrtc of Dcvelepmti
Deletes:tubmiuion
plans. V"
G. 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.
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/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
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10/30/2003 11:43 FAX 630 553 5764 DANIEL J. KRAMER l 015/018
process of good faith negotiation,both by principals and through counsel,and
represent tenns 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.
800 Game Farm Rd.
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/ Yorkville Hill Landscaping
DEVELOPER: 8591 Route 126
Yorkville,IL 60560
With a Copy to: Attorney John McAdams
624 W.Veterans Parkway
Suite D
Yorkville,IL 60560
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 dcemed 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
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10/30/2003 11:44 FAX 630 553 5764 DANIEL J. KRAMER l 016/018
amended from time to time in writing with the consent of the parties,pursuant to
applicable provisions of the City Code and Illinois Comviled Statutes. This
Agreement may be amended by the CITY and the owner of record of a portion of
the Subject Property as to provisions applying exclusively thereto,without the
consent of the owner of other portions of the Subject Property not affected by such
Agreement.
Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNER/DEVELOPER to sell or convey all or any
portion of the Subject Property,whether improved or unimproved.
Necessary Ordinances and Resolutions. 'ihe 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.
Tem,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.
Captionsand Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds,Kendall County,Illinois,at the expense of OWNER/DEVELOPER.
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
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10/30/2003 11:44 FAX 630 553 5764 DANIEL J. KRAMER a017/0113
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 OWNER/DEVELOPER,including,but not
limited to,county,state or federal regulatory bodies.
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
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10/30/2003 11 :44 FAX 630 553 5764 DANIEL J. KRAMER a018/016
OWNER/DEVELOPER:
YORKVILLE HILL LANDSCAPING
Attest
Dated:
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09/30/2003 12:56 FAX 630 553 5764 DANIEL J. KRAMER 1002/004 •
EbC
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
ORDINANCE NO.2003-
ORDINANCE MODIFYING SUBDIVISION NAME
FROM MENARDS RESIDENTIAL to
PRAIRIE MEADOWS
WHEREAS,the City Council of THE UNITED CITY OF YORKVILLE has approved
the Annexation and Development of a residential Subdivision located within THE UNITED
CITY OF YORKVILLE under the name of MENARDS RESIDENTIAL and
WHEREAS,the Developer of said Subdivision,Menard,Inc.by and through its principal
members have requested the City for permission to modify the name of said Subdivision from
MENARDS RESIDENTIAL to PRAIRIE MEADOW; and
WHEREAS,it is the desire of Owners/Developers and THE UNITED CITY OF
YORKVILLE to avoid confusion in title work as to the subject real property as well as to
provide an orderly transition in terms of recognition of the name of said Subdivision as PRAIRIE
MEADOW;and
WHEREAS,it is the further desire that as to the written Annexation/Planned Unit
Development Agreement and all other related Petitions and Agreements executed by and
between the parties or any third parties thereto shall be enforceable as though the name set forth
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09/30/2003 12:56 FAX 830 553 5764 DANIEL J. KRAMER IJ 003/004
in all previous documents as PRAIRIE MEADOW which were originally approved on behalf of
MENARDS RESIDENTIAL:
NOW THEREFORE, upon motion duly made,seconded,and approved by a majority of
those Alderman voting, THE UNITED CITY OF YORKVILLE does ordain as follows:
1. That the name of MENARDS RESIDENTIAL is hereby changed to PRAIRIE
MEADOW.
2. That the Annexation/Planned Unit Development Agreement previously entered
into between the City and the Developers indicated of Owners/Developers
indicated above are binding upon all parties and their successors,heirs,and
assigns hereto as though the name PRAIRIE MEADOW has always been used
between the parties.
3. The parties agree that the recitals contained herein above are a material part of
this Agreement and henceforth said Subdivision shall be known as PRAIRIE
MEADOW.
Any Ordinance or parts that of in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
2
09/30/2003 12:58 FAX 630 553 5764 DANIEL J. KRAMER 1/1004/004
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this day of , A.D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois
this day of _, A.D. 2003.
Attest:
CITY CLERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S.Bridge St.
Yorkville, IL 60560
630.553.9500
3
rt3
TABLE OF CONTENTS Page
RECITALS: 1
1. LEGAL CONFORMANCE WITH LAW 3
2. ANNEXATION. 3
3. ZONING. 4
4. SUBDIVISION OF UNDESSER PROPERTY. 5
5. DEVIATIONS FROM LOCAL CODES 7
6. UTILITIES AND PUBLIC IMPROVEMENTS 7
7. SECURITY INSTRUMENTS. 12
8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC
IMPROVEMENTS. 13
9. AMENDMENTS TO ORDINANCES. 13
10. BUILDING PERMITS AND RELATED INSPECTIONS. 17
11. BUILDING CODE. 18
12. FEES AND CHARGES 18
13. CONTRIBUTIONS. 18
14. OWNER'S/DEVELOPER'S CONTRIBUTIONS 18
15. PROJECT SIGNS. 21
16. CERTIFICATES OF OCCUPANCY 21
17. MODEL HOMES/PRODUCTION UNITS 22
18. CONTRACTOR'S TRAILERS. 23
19. TEMPORARY SALES OFFICE TRAILERS 23
20. TEMPORARY PARKING. 23
21. OVERSIZING OF IMPROVEMENTS 23
22. LIMITATIONS 23
23. RECAPTURE AGREEMENTS. 23
24. SPECIAL SERVICE AREA 24
25. OFFSITE EASEMENTS AND CONSTRUCTION 26
26. DISCONNECTION. 26
27. CONFLICT IN REGULATIONS. 26
28. ANNEXATION FEE. 26
29. TRANSFER. 26
30. CITY ASSISTANCE. 27
31. GENERAL PROVISIONS. 27
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•
October 21,2003
CH02/22242448.11
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Sanford M. Stein
Gardner Carton&Douglas,LLC
191 N. Wacker Drive, Suite 3700
Chicago,IL 60606
(312) 569-1229
Fax: (312)-569-3229
AMENDMENT TO ANNEXATION AGREEMENT,
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(The Westbury Village Subdivision)
THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is
made and entered as of the day of , 2003, by and between OCEAN
ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE
ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), and the
UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman
("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter
referred to individually as a"Party"and collectively as the"Parties".
RECITALS:
A. OWNER is the OWNER of record of those certain parcels of real estate legally
described on Exhibit"A" attached hereto ("Undesser Property").
B. Richard A. Undesser, Henrietta Undesser and the City, have heretofore entered
into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation
Agreement") which provided for, among other things, the annexation of a portion of the
Undesser Property to the City.
C. The OWNER desires to annex additional property legally described on Exhibit
"B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one
contiguous planned unit development(PUD) known as the Westbury Subdivision(approximately
300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the
Plat of Annexation attached hereto as Exhibit `B-1". The Annexation Parcel is contiguous with
the existing corporate limits of the CITY, and is not within the boundary of any other
municipality.
October 21,2003
CH02/22242448.11
D. 1. The Annexation Parcel is located within the Bristol Kendall Township
Fire Protection District, the Bristol Township Road District and will remain within the
jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served
by the CITY'S public library.
2. The corporate authorities of the CITY, after due and careful consideration,
have concluded that the annexation of the Annexation Parcel to the CITY would further the
growth of the CITY, enable the CITY to control the development of the area and serve the best
interests of the CITY.
E. DEVELOPER desires to proceed with the development of the Undesser Property
and the Annexation Parcel (hereinafter collectively referred to as the "Subject Property") for
residential and commercial use in accordance with the terms and provisions of this Agreement.
F. OWNER and DEVELOPER further desire to amend the 1997 Annexation
Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement
in order to facilitate the development of the Subject Property for a residential Planned Unit
Development, and the City is agreeable to amending the 1997 Annexation Agreement in
accordance with the terms and provisions of this Agreement. This Agreement is not intended,
and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights,
duties and obligations thereunder as the same pertains to the real estate that is the subject of the
1997 Annexation Agreement, except as modified by this Agreement.
G. DEVELOPER proposes that a portion of the Subject Property be rezoned from
Kendall County A-1 Agricultural and United City of Yorkville B-3 Service Business District and
A-1 Agricultural, to United City of Yorkville Planned Unit Development with zoning districts
("Amended Zoning Districts") of B-3 Service Business District (with the special use R-2 PUD
allowed in the 1997 Annexation Agreement surviving with this Agreement lot only over the area
described in the 1997 Agreement). One Family Residence District, R-3 PUD General Residence
District, and R-4 PUD General Residence.District. A legal description of each of the Amended
Zoning Districts is attached hereto and made a part hereof as Exhibit `B-2". A graphic
description of the Amended Zoning District is attached hereto as Exhibit`B-3".
H. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the City upon the matters covered by this Agreement.
I. The City and DEVELOPER have given all appropriate notices due to be given
pursuant to applicable provisions of the Illinois Compiled Statutes and the City Ordinances.
J. The Corporate Authorities, after due and careful consideration, have concluded
that the amendment of the 1997 Annexation Agreement in accordance with the terms and
provisions of this Agreement, and the rezoning, subdivision and development of the Subject
Property as provided for herein, will inure to the benefit and improvement of the City in that it
will increase the taxable value of the real property within its corporate limits, promote the sound
planning and development of the City and will otherwise enhance and promote the general
welfare of the people of the City.
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CH02/22242448.11
K. (i) Each party agrees that it is in the best interests of the OWNER,
DEVELOPER and the City to develop the Subject Property as a Planned
Unit Development (PUD) establishing a unique character and to provide
for the orderly flow of traffic in the development and to adjoining real
property
(ii) Each party agrees that it is in the best interest of the local
governmental bodies affected and the DEVELOPER and OWNER to
provide for specific performance standards in the development of the
Subject Property.
(iii) The Annexation Parcel is located contiguous to the corporate
boundaries of the CITY; and is not within the corporate boundaries of any
other municipality.
L. It is the desire of the CITY, DEVELOPER and OWNER that the development
and use of the Subject Property proceed as conveniently as may be, in accordance with the terms
and provisions of this Agreement, and be subject to the applicable ordinances, codes and
regulations of the CITY now in force and effect, except as otherwise provided in this Agreement.
M. The CITY's 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 and DEVELOPER.
N. The OWNER and DEVELOPER and their representatives have discussed the
proposed annexation of the Annexation Parcel and have held public meetings with the Plan
Commission and the CITY Council, and prior to the execution hereof, notice was duly published
and a public hearing was held to consider this Agreement, as required by the statutes of the State
of Illinois in such case made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement and to
supplement and in addition to the Petition for Zoning and Annexation and drawings submitted
therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY
Council upon the following terms and conditions and in consideration of the various agreements
made between the parties,hereby agree as follows:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY Ordinances and applicable provisions of the
Illinois Compiled Statutes and the Illinois Constitution.
2. ANNEXATION.
A. As to the Annexation Parcel, this Agreement is made pursuant to and in
accordance with the provisions of Sections 5/1 115.11 et.seq., of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect
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October 21,2003
CH02/22242448.11
to the Subject Property, this Agreement is made pursuant to the Planned Unit
Development requirements of Illinois Compiled Statutes and the Special Use
Ordinance of the CITY; that said State of Illinois statutory provisions provide for
annexation agreements to be entered into between owners of record and
municipalities; that all of the requirements of the Illinois Compiled Statutes
("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal
Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and
notice have been met prior to the date fixed for the hearing on the proposed
Agreement.
B. As to the Annexation Parcel, the OWNER has filed with the City Clerk of the
CITY a proper Petition for Annexation and this Agreement is entered into after
public hearing(s) before the applicable corporate authorities of the CITY, which
hearings were held in accordance with the provisions of the Statutes of the State
of Illinois.
C. Upon the execution of this Agreement by the OWNER, the CITY shall execute
this Agreement and enact ordinances necessary to annex the Annexation Parcel
into the corporate limits of the CITY pursuant to the Petition for Annexation and
subject to the terms of this Agreement. It is agreed that the CITY will promptly
record the enacted annexation ordinance and any required plats with the Kendall
County Recorder's Office and will file same with the Kendall County Clerk's
Office.
D. If for any reason and at any time, the annexation of the Annexation Parcel to the
CITY is legally challenged by any person or entity by an action at law or in
equity, the CITY shall: (i) cooperate with the OWNER in the vigorous defense of
such action through all proceedings, including any appeals; and (ii) take such
other actions as may then or thereafter be possible pursuant to the Illinois
Municipal Code to annex the Annexation Parcel and/or other properties to the
CITY so that the annexation of Annexation Parcel to the CITY can be sustained
and/or effected.
3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and
the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to amend the Zoning Ordinance of the CITY such that the Subject
Property can be zoned and used within the following zoning classifications: B-3 Service
Business District with special use, R-2 One Family Residence District, R-3 General Residence
District, and R-4 General Residence District, all as disputed on Exhibit , attached hereto and
made a part hereof. The zoning map of the CITY shall thereupon be modified to reflect the
classifications of the Subject Property as aforesaid.
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4. SUBDIVISION OF UNDESSER PROPERTY.
A. Approval of Concept PUD Plan.
(i) DEVELOPER has submitted to the CITY a Concept Site Plan for the
Subject Property (prepared by The Lannert Group dated May 28, 2003), a
copy of which Concept PUD Plan is attached hereto and made a part
hereof as Exhibit "C" ("Concept PUD Plan"). DEVELOPER has also
submitted to the CITY a Concept landscape plan for the Undesser
Property(prepared by The Lannert Group dated , 2003),
a copy of which is attached hereto as Exhibit "D" ("Concept Landscape
Plan"), and a Concept engineering plan (prepared by Cemcon, Ltd. dated
, 2003) a copy of which preliminary engineering plan
is attached hereto as Exhibit"E" ("Preliminary Engineering Plan"). The
Concept Site Plan, Concept Landscape Plan and Concept Engineering Plan
are collectively referred to as the Concept PUD Plan. Prior to execution
of this Agreement, DEVELOPER has submitted the Concept Plan to the
Plan Commission of the CITY. In accordance with the development
concepts set forth in the Concept PUD Plan, the Subject Property shall be
developed in substantial conformance with the one-family and multi-
family dwelling unit and commercial concepts set forth therein, with a
total buildable subdivided lot count not to exceed 289 of one-family lots,
601 multi-family units including 278 Townhome Units and 323 Courtyard
Home Units and 22.7 acres of commercial area, within the Subject
Property, subject to Final Plat and Final Engineering review, as defined in
Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard
Home" shall mean townhome type units situated around a center court
with rear garage entry.
(ii) The DEVELOPER is required to submit a preliminary PUD plan and plat
that substantially conforms with the Concept Site Plan, for review and
approval in accordance with City Ordinances. The Subject Property shall
be developed in the manner and in accordance with the development
concept set forth in the Concept PUD Plan, and such development shall be
in full conformance with the CITY's Zoning Ordinance, Subdivision
Regulations, Building Code, and other CITY ordinances, codes, rules and
regulations pertaining to the development of the Subject Property as
provided in Paragraph 8 of this Agreement, except as otherwise modified
or varied pursuant to the terms of this Agreement. The engineering design
for the sanitary sewer, water, storm sewer service and the storm water
retention/detention, as well as the streets and sidewalks within, upon and
serving the Subject Property, shall be substantially as provided in the
Preliminary Engineering Plan.
(iii) DEVELOPER is authorized to undertake mass earthwork and grading of
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the Subject Property, or so much thereof as DEVELOPER shall choose,
after approval of the Concept PUD Plan prior to approval of preliminary
and final plat and preliminary and fmal engineering at Developer's sole
risk.
B. Approval of Preliminary/Final Plat and Preliminary/Final Engineering.
(i) DEVELOPER shall have the right to develop the Subject Property in such
number of phases or units (individually a "Phase of Development" and
collectively the "Phases of Development") as DEVELOPER may from
time to time determine in its sole discretion. Developer shall be permitted
to submit a preliminary plat for the entirety of the Subject Property, and at
the same time submit its final plat for the first phase (Phase I) of
Development. CITY may request final engineering for certain elements of
additional phases as they may affect the final plat for which approval is
sought. Nothing herein requires construction of elements outside of the
phase of development for which final plat approval is sought except to the
extent that public utility improvements are required.
(ii) Upon the submittal by DEVELOPER to the CITY of a final plat of
subdivision ("Final Plat"), fmal landscape plan ("Final Landscape
Plan") and final engineering plans ("Final Engineering Plan") for a
Phase of Development, which substantially conform with the Concept
PUD Plan and approved preliminary plat as to such Phase of
Development, the CITY shall promptly approve such Final Plat, so long as
it is in substantial conformity with the approved Concept PUD Plan, and
in compliance with applicable law, and cause the Final Plat to be duly
recorded with the Kendall County Recorder's office provided
DEVELOPER complies with applicable CITY regulations pertaining to
(a) the posting of the applicable Security Instruments, as defined in
Paragraph 7 of this Agreement, for such Phase of Development, and
(b)the payment of applicable fees to the CITY as provided for in this
Agreement. The CITY shall cooperate with DEVELOPER to secure such
approvals as may be required by other governmental authorities with
jurisdiction thereover. The Final Plat, Final Landscape Plan and Final
Engineering Plan are referred to herein collectively as the "Final Plans".
(iii) Concurrent with and prior to recording a Final Plat for CITY's review of
Final Plans for a Phase of Development, DEVELOPER shall submit to the
CITY for its review a copy of the Declaration of Covenants, Restrictions
and Easements (or similarly named document) ("Declaration")which will
be used by DEVELOPER to establish the covenants, conditions and
restrictions for such Phase of Development. The Declaration shall provide
for the authority of DEVELOPER to establish an association or
associations of homeowners (each a "Homeowners Association") which
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October 21,2003 •
CH02/22242448.11
shall have Primary Responsibility, as defined in Paragraph 24 hereof, for
the ownership, care and maintenance of the common open space areas
within the Subject Property as listed in Exhibit "K" attached hereto
("Common Facilities") and the collection of assessments from the
association members to defray the cost thereof. The Declaration shall be
recorded for each Phase of Development simultaneously with the
recording of the Final Plat for each Phase of Development. The Backup or
Latent SSA, as defined in Paragraph 24 of this Agreement, shall be
utilized by the CITY to carry out the Secondary Responsibility, as defined
in said Paragraph 21, to fund the cost of maintaining the Common
Facilities.
C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County
"Right to Farm Statement" language and a "Statement Authorizing Continuing
Business Operations" attached hereto as Exhibit "L" on each Final Plat of
Subdivision.
5. DEVIATIONS FROM LOCAL CODES. The specific deviations from the
CITY's ordinances, rules, and codes as set forth in Exhibit "F" attached hereto have been
requested, approved and are permitted with respect to the development, construction, and use of
the Subject Property("Permitted Deviations").
6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER
agree that any extension and/or construction of the following utilities and public improvements
shall be performed in accordance with existing CITY subdivision regulations as varied or
modified by this Agreement, and such work and the cost thereof shall be the sole responsibility
of DEVELOPER, except as otherwise provided in this Agreement:
A-1. Sanitary Sewer Facilities. The City represents but does not warrant to OWNER
and DEVELOPER that the sanitary sewer facilities that serve or will serve the
Subject Property, owned and operated by the Yorkville-Bristol Sanitary District
(YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER
and occupants of the SUBJECT PROPERTY as developed pursuant to the terms
of this Agreement. OWNER and DEVELOPER shall cause the 43-acre portion
more or less, of the Subject Property not previously done so, or such developable
portions thereof as may be appropriate, to be annexed to the YBSD for the
purpose of extending and connecting to the sanitary sewer lines and treatment
facilities of the YBSD. 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 the YBSD shall be carried out in substantial compliance with the
Final Engineering Plan 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 ("IEPA"), permitting the construction and connection of the sanitary sewer
lines to the YBSD facilities, in order to facilitate the development and use of
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October 21,2003
CH02/22242448.11
each Phase of Development of the Subject Property. Furthermore, the City may
to use its power of condemnation if necessary to secure the necessary easements
to obtain the sanitary sewer main extensions and the cost and expense incurred
by the CITY shall be paid by OWNER/DEVELOPER and added to the recapture
amounts described in the 1997 Annexation Agreement. The sanitary sewer
mains constructed by DEVELOPER for each Phase of Development which are
eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to
the YBSD and the YBSD shall take ownership of and, at its expense, be
responsible for the ongoing care, maintenance, replacement and renewal of said
Large Lines. The sanitary sewer lines which are less than eighteen (18) inches or
smaller 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.
A-2. If at the time DEVELOPER proposes to develop any portion or Phase of the
SUBJECT PROPERTY, either the YBSD (i) does not have sufficient capacity or
facilities to handle the waste water treatment of that portion or Phase of the
SUBJECT PROPERTY being developed or(ii)the CITY does not have adequate
means of delivery of the aforementioned waste water to the treatment plant, it is
agreed that the CITY shall not object to any mutually agreed upon plan proposed
by DEVELOPER to handle the waste water treatment requirements of that
portion or Phase of the SUBJECT PROPERTY being developed, which plan
may include, without limitation, a land application system or common septic to
handle the aforementioned waste water treatment requirements. No individual
septic systems shall be permitted in the residential portion of the subdivision.
A-3. The CITY represents and warrants to DEVELOPER that there is no
administrative, judicial, or legislative action pending or being threatened that
would result in a reduction of, or limitation upon, any party's right to use the
sanitary sewer.
B-1. Water Facilities. The CITY represents and warrants that the water distribution
system of the CITY currently has and the CITY will reserve sufficient capacity
to service the Subject Property with potable water for domestic water
consumption and fire flow protection, if the Subject Property is developed in
accordance with this Agreement. The CITY further agrees, following acceptance
by the CITY of the public improvements constructed within the Subject
Property, to maintain said water distribution system to and within the Subject
Property. The CITY further agrees to 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, to permit the Subject Property to be served with
potable water and fire flow protection. In addition, the CITY will accept
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October 21,2003
CH02/22242448.11
dedication of, and thereafter maintain, all primary water lines constructed by
DEVELOPER in substantial conformity with the Final Engineering for each
Phase of Development, pursuant to applicable provisions of the Subdivision
Ordinance and other applicable codes and ordinances of the CITY. Location and
size of the water lines to be installed by DEVELOPER shall be in substantial
conformity with the Preliminary Engineering Plan, subject to review and
approval of the Final Engineering Plan for each Phase of Development. The
CITY agrees that it shall, without cost to DEVELOPER, extend its existing water
main to the Subject Property and temporary easements. City to construction the
necessary public watermain infrastructure, and DEVELOPER shall connect the
Subject Property to the CITY water supply system in accordance with the
approved engineering. The CITY shall, at its expense, procure sufficient
temporary construction and permanent utility easements adjacent to the Subject
Property ("Offsite Water Easements") to enable the CITY to construct the
Offsite Water Extension in a timely manner to provide water service to the
Subject Property.
B-2. The CITY represents and warrants to DEVELOPER that the CITY'S potable
water, fire flow and water storage facilities have sufficient capacity to adequately
serve the needs of the DEVELOPER and occupants of the SUBJECT
PROPERTY as developed pursuant to the terms of this Agreement. The Cityhas
notified the DEVELOPER that the CITY is currently in compliance with a State
mandated program to reduce the level of radon in the City's water supply.
C. Permits. (i) There shall be no limit on the number of connection permits or other
sewer or utility permits, that can be granted at any given time period during the
development and all permits shall be processed in a timely fashion. The Subject
Property can be served on a temporary basis by a pump station and force main to
the existing Blackberry Creek Sanitary Sewer Interceptor ("Temporary Pump
Station and Force Main") until the Rob Roy Creek Interceptor is available to
serve that portion of the Subject Property being served by the Temporary Pump
Station and Force Main. 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 IEPA, permitting the
construction of the Temporary Pump Station and Force Main to the YBSD
facilities. In exchange for the DEVELOPER installing the segment of the
necessary YBSD interceptor sanitary sewer through the Subject Property (the
"YBSD Interceptor"), which is required at a size, depth and location which
exceeds the requirement for Westbury Village, the CITY shall approve
application of $1,800 of the required $2,000 City sanitary sewer service
connection fee for all units within Subject Property to apply to the construction of
the Temporary Pump Station and Force Main. DEVELOPER shall be responsible
for construction of the YBSD Interceptor. The CITY shall be responsible for the
construction of the Temporary Pump Station and Force Main.
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D. Recapture. The CITY represents and warrants to DEVELOPER that
DEVELOPER shall not become liable to the CITY or any other party for
recapture upon the annexation and/or development of the SUBJECT PROPERTY
for any existing sewer or water lines or storm water lines and/or storage facilities
that may serve the SUBJECT PROPERTY; provided, however, subject to the
terms of this Agreement, DEVELOPER shall be responsible to pay sewer and
water connection fees subject to the terms of this Agreement. Notwithstanding
the foregoing, the method for financing water and sanitary sewer extensions to the
SUBJECT PROPERTY has not been determined, and is not being waived by the
CITY; provided such financing does not result in any cost or expense to OWNER
or DEVELOPER other than customary connection fees not otherwise prohibited
by this Agreement and that are applicable on a city-wide basis.
E. Storm Water Facilities.
(i) DEVELOPER shall provide for storm water drainage and the
retention/detention thereof upon and from the Subject Property, in substantial
conformity with the Preliminary Engineering Plan, subject to review and approval
of Final Engineering Plan for each Phase of Development, in the following
manner:
(a) Installation of underground sewers within that part of the Subject
Property to be developed and improved with buildings, structures, streets,
driveways, and other locations as identified on the Preliminary
Engineering Plan, which improvements shall be conveyed to the CITY
and thereafter owned and maintained by the CITY.
(b) Installation of graded, open swales or ditches and storm water
retention/detention areas as depicted on the Preliminary Engineering Plan
within that part of the Subject Property designated on the Preliminary
Engineering Plan for such purpose, subject to review and approval of Final
Engineering for each Phase of Development.
(ii) Unless required by a superior governmental authority the CITY, for the
full term of this Agreement, and any extension thereof, shall require no more than
that degree and type of storm water retention/detention as is currently called for in
the existing ordinances of the CITY. The foregoing notwithstanding, any so
called "grandfather" provisions contained in the mandate of such superior
governmental authority referred to in the previous sentence, which would serve to
exempt or delay implementation against the Subject Property, shall be given full
force and effect.
(iii) The CITY shall direct its consultant, Engineering Enterprises, Inc. (EEI)
to diligently pursue the required approvals for the Rob Roy Creek Flood Study
through the requisite state and federal agencies. If said study has not been
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October 21,2003
CH02/22242448.11
approved by state agencies at the time of the first final plat submitted by
DEVELOPER to the CITY for approval then the EEI study shall govern the
development of the SUBJECT PROPERTY. Failure of approval of the Rob Roy
Creek Flood Study by any or all governmental authorities whose approval is
required shall not be a basis to deny approval of any preliminary or fmal plat
submitted by DEVELOPER to the CITY for approval hereunder.
(iv) The CITY shall approve a minimum of 15% of the area dedicated to
stormwater management for the PROPERTY, to satisfy that proportionate share
of the "additional open space requirements calculations" as outlined in the current
United City of Yorkville Land Use Plan, adopted September 10, 2002.
(v) The DEVELOPER shall make improvements to the existing Rob Roy
Creek drainageway as proposed on the Conceptual Open Space Plan (Exhibit
"H"). The CITY shall not require additional improvements (beyond those set out
on Exhibit "H") to the Rob Roy Creek unless such improvements are universally
applied by the CITY to all properties within the Rob Roy Creek Watershed.
F. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb,
gutter, street pavement, street lights, recreational path and public sidewalks, to be
installed upon the Subject Property in substantial conformity with the Final
Engineering Plan as approved for each Phase of Development and the applicable
provisions of the Subdivision Regulations of the CITY, as modified or varied
pursuant to this Agreement. Notwithstanding anything contained herein or in any
CITY ordinance, rule or regulation to the contrary, all public sidewalks and
parkway landscaping to be constructed or installed upon the Subject Property
pursuant to the approved Final Engineering Plan for each Phase of Development
shall be covered by the appropriate Security instrument, but shall be installed and
completed on a lot by lot or block by block basis, and need not be installed or
completed by DEVELOPER as a part of the public improvements for each Phase
of Development. The CITY shall accept the ownership and maintenance
responsibility of the portions of the Trail System/Bike Path, constructed in
accordance with the Final Plat and Final Engineering Plan, located in the public
right of way.
7. SECURITY INSTRUMENTS.
A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the
CITY such irrevocable letters of credit, contractor's performance bonds or surety
bonds as Developer, in its sole discretion shall choose, ("Security Instruments")
to guarantee completion and maintenance of the public improvements to be
constructed as a part of the development of each Phase of Development as are
required by applicable ordinances of the CITY. The amount and duration of each
Security Instrument shall be as required by applicable ordinances of the CITY.
All such Security Instruments if in the form of an irrevocable letter of credit shall
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be substantially in the form set forth in Exhibit "G," attached hereto. The CITY
Council, pursuant to recommendation by the CITY Engineer, shall from time to
time approve a reduction or reductions in the Security Instruments by an amount
not in excess of eighty-five (85%) of the value certified by the CITY Engineer of
the completed work, so long as the balance remaining in the Security Instruments
is at least equal to one hundred ten percent (110%) of the cost to complete the
remaining public improvements for the applicable Phase of Development. The
Security Instruments for the public improvements for each Phase of Development
shall be deposited with the CITY prior to the recordation of the Final Plat for each
Phase of Development.
B. Release of Underground. Upon completion and inspection of underground
improvements in each Phase of Development; and acceptance by the CITY
engineer, DEVELOPER shall be entitled to a release or appropriate reduction of
any applicable Security Instrument, subject to a maintenance Security Instrument
remaining in place for a one year period from the date of acceptance by the CITY,
in conformance with the CITY Subdivision Control Ordinance. Release of
Streets. Upon completion of street and related road improvements in each Phase
of Development; and acceptance by the City engineer, DEVELOPER shall be
entitled to a release or appropriate reduction of any applicable Security
Instrument, subject to a maintenance Security Instrument remaining in place for a
one year period from the date of acceptance by the CITY, in conformance with
the City Subdivision Control Ordinance.
C. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject
Property, DEVELOPER shall be released from the obligations secured by its
Security Instruments for public improvements upon the submittal and acceptance
bythe CITY of a substitute SecurityInstrument approved bythe CITY, securing
pp
the costs of the improvements set forth therein by the proposed DEVELOPER.
8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS.
The public improvements constructed as a part of the development of each Phase of
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 the City Engineer shall make his
recommendation to the Public Works Committee or other designated Committee not later than
30 days from the date of DEVELOPER's request for approval of any Public Improvements. Said
request shall be made in writing by DEVELOPER.
9. AMENDMENTS TO ORDINANCES.
A-1. General Applicability. All ordinances, regulations, and codes of the CITY,
including, without limitation those pertaining to subdivision controls, zoning,
stormwater management and drainage, building code requirements, so long as
they do not affect the City's International Standards Organization (ISO) insurance
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rating, 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, after a period of five (5) years from the
date of this Agreement.
A-2. 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) 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 on the
Concept Plan for the Subject Property, alter or eliminate any of the ordinance
variations modifications, departures or deviations 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, (i) 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, and applicable generally within the CITY and not
specifically to the SUBJECT PROPERTY, 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. Nothing herein
shall be construed as to prevent OWNER or DEVELOPER from contesting or
challenging any such mandate of any superior governmental authority at the sole
cost of OWNER or DEVELOPER in any way legally possible, including, without
limitation, by challenging such mandate on its face or as applied to the Subject
Property in any administrative or judicial forum having jurisdiction, (ii) The
ordinance amendments pending on the Date of this Agreement and specifically
identified and attached hereto as Exhibit"I" shall apply to the Subject Property as
though they had been approved by the City Council in substantially the same
form, content and wording as those copies attached hereto as Exhibit , and
effective and applicable generally to all property in the City, within thirty (30)
days of the date of this Agreement.
A-3. Notwithstanding any of the terms or provisions of this Agreement, however, no
change, modification or enactment of any ordinance, code or regulation so long as
they do not affect the City's ISO insurance rating shall be applied during said five
(5) year period so as to: (i) affect the zoning classification of the Subject Property
or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including,
but not limited to, setback, yard height, FAR and frontage requirements, (iii)
affect the uses permitted under the Zoning Ordinances of the CITY specified
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under this Agreement, (iv) interpret any CITY ordinance in a way so as to
prevent DEVELOPER or its assigns from developing the Subject Property or any
Parcel or Phase thereof in accordance with this Agreement and the exhibits
attached hereto. Except as modified by the previous sentence and the provisions
hereof or other terms and provisions of this Agreement, OWNER and
DEVELOPER, shall comply in all respects with the conditions and requirements
of all ordinances of the CITY, applicable to the Subject Property and all property
similarly situated and zoned within the CITY as such ordinances may exist from
time to time subsequent to annexation to the CITY, provided, however,
notwithstanding any other provision of this Agreement, if there are ordinances,
resolutions, regulations, or codes or changes thereto which are less restrictive in
their application to similarly situated and zoned lands, then DEVELOPER, at its
election, shall be entitled to application of such less restrictive ordinances,
regulations and/or codes to the Subject Property and any Parcel or Phase thereof.
A-4. DEVELOPER and all successor developers of the Subject Property or any Parcel
or Phase thereof shall be entitled to take advantage immediately of any
subsequently adopted amendment(s) to the CITY'S ordinances, regulations,
resolutions and/or codes that establish provisions that are less restrictive than the
provisions of the CITY'S current codes in effect as of the effective date of this
Agreement so long as such less restrictive provisions do not frustrate the purpose
of this Agreement or the intent of the parties relative to the development of the
Subject Property or any Parcel or Phase thereof. In the event of any conflict
between the provisions of this Agreement (including the exhibits hereto), and the
ordinances, codes, regulations and resolutions of the CITY, the provisions of this
Agreement (and the exhibits hereto) shall control over the provisions of any
ordinances, codes, regulations and resolutions of the CITY.
B. Performance Standards. The CITY agrees to the following lot sizes and widths
for the land use areas as shown on the Plat (each of the land use areas is referred
to as a"Pod"):
1. Single Family—Detached(Pod 1 —85 units; Pod 2-120 units; Pod 6-84
units):
a. Minimum Lot Size shall be 12,000 square feet, unless the lot abuts
open space of not less than 25', in which case the Minimum Lot
Size may be reduced to 10,000 s.f.; except on lots adjacent to
Galena Road and Illinois Rte. 47, in which case the minimum open
space shall be 25' in depth in addition to the 30 foot roadway
landscape buffer;
b. Minimum Lot Width—80 feet;
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2. Courtyard Homes—Single Family Attached - (Pod 3 — 128 units; Pod 7-
177 Units):
a. Maximum gross density shall not exceed eight(8.0)dwelling units
per acre;
b. Minimum building envelope area shall be 9,000 square feet;
c. Minimum building envelope width shall be 90 feet;
d. Maximum Lot Coverage of each pod shall not exceed thirty
percent(30%);
e. Maximum number of dwelling units per building shall not exceed
eight(8).
3. Townhome - Single Family Attached(Pod 5-146 units; Pod 8-150 units):
a. Maximum gross density shall not exceed eight(8.0) dwelling units
per acre;
b. Minimum building envelope area shall not exceed 9,000 square
feet;
c. Maximum Lot Coverage of each pod shall not exceed thirty
percent(30%);
e. Maximum number of dwelling units per building shall not exceed
eight(8).
4. Commercial Area.
a. Standards- Site plan to be submitted with preliminary and final
plan for Commercial Area in the B3 Service Business District—to
be developed in accordance with standards in effect at the time of
the execution of this Agreement, and subject to the PUD process.
C. Residential Setbacks. The City agrees to the following setbacks as shown on the
Concept Plan:
1. Single Family—Detached—(Pods 1, 2, and 6):
a. Front yard 30'
b. Exterior corner side yard 20'
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c. Side yard 8.5' (7.5' on lots containing a 3-car garage) The
side yard setback for lots containing either public water or sanitary sewer
mains in side yards shall be increased to 10' to accommodate this
condition.
d. Rear yard 40'
2. Courtyard Homes—Single Family Attached(Pods 3 and 7):
a. Front yard
(i) if adjacent to public right-of-way- 20'
(ii) if adjacent to private street—20' from edge of pavement
no public utilities shall be located within 15' of any building, as
measured perpendicular to the street
b. Exterior corner side yard 20'
c. Side yard 10'
d. Rear yard 25' unless adjacent to the Rob Roy Creek Open
Space Corridor, in which case the rear yard setback may be
reduced to 10'
3. Townhome Parcel—Single Family Attached(Pods 5 and 8):
a. Front Yard
(i) if adjacent to public right-of-way-20'
(ii) if adjacent to private street—20' from edge of pavement(if
the driveway access to the public street is provided in this
location,then the setback shall be 30'
b. Exterior corner side yard 20'
c. Side yard 10'
d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor
open space, said setback may be reduced to 10'
4. Minimum Building Separations (Pods 3, 5, 7 and 8)up to ten percent
(10%) of the buildings in each pod are permitted to have building
separations as follows:
a. Rear to rear 50'
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b. Front to side 40'
c. Rear to front 80'
d. all other minimum building separations shall be as per the City's
Ordinances
5. Commercial Area—Standards—Site plan to be submitted with
preliminary and final plan.
D. Clubhouse/Recreational Facilities. Developers agree to substantially complete the
clubhouse and other recreational facilities on or before December 31, 2008,
subject to force majeure, abnormal weather conditions and delays that are solely
within the control of the City.
10. BUILDING PERMITS AND RELATED INSPECTIONS.
A. The CITY shall act upon each application for a building permit for which
DEVELOPER, or its duly authorized representative, in accordance with the
approved final plat and approved final engineering for the development of any
Phase of the Subject Property, shall apply, within fifteen (15)business days of the
date of the application therefor or within fifteen (15) business days of receipt of
the last of the documents and information required to support such application,
whichever is later. If the application is disapproved, the CITY shall provide the
applicant with a statement in writing specifying the reasons for denial of the
application including specifications of the requirements of law that the applicant
and supporting documents fail to meet. The CITY agrees to issue such building
permits upon the compliance with those legal and documentary requirements so
specified by the CITY.
B. Subject to any other necessary governmental regulatory approval, the CITY shall
permit DEVELOPER, and its duly authorized representative,to install temporary
waste water holding tanks and temporary water facilities to serve sales offices or
similar temporary structures, and model buildings constructed on the Subject
Property or any Parcel or Phase thereof,provided that each such temporary tank
and temporary water facility shall be removed and disconnected and said
structures shall be connected to the sewer or other permitted waste disposal
systems, and water mains, at DEVELOPER'S sole cost, at such time as sewer and
water systems become available.
C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY
unless the same are lawful and being collected by the CITY from owners, users
and developers of similarly situated and zoned property within the CITY limits as
of the date of the imposition of such fees.
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11. BUILDING CODE. The building codes for the CITY in effect as of the date of
this Agreement are as set forth in Exhibit"F". Notwithstanding the provisions of Paragraph 9 of
this Agreement, all national Agreements, deletions, or additions to the building codes of the
CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be
applicable to the Subject Property upon the expiration of the twelfth (12th) month following the
effective date of such Agreement, deletion,,or addition, whether during the five (5) year period
next following the date of this Agreement, or any time thereafter, except as to those items
expressly provided for herein and so long as they do not affect the City's ISO insurance rating.
12. FEES AND CHARGES. During the first five (5) years following the date of this
Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER,
and their respective contractors and suppliers, only those permit, license, tap on and connection
fees and charges, and in such amount or at such rate, as are in effect on the date of this
Agreement and as is generally applied throughout the CITY.
13. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate
any land or money to the CITY, or any other governmental body, except as otherwise expressly
provided in this Agreement.
14. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER
shall be responsible for making the following contributions to compensate the Yorkville
Community School District#115 ("School District") and the United City of Yorkville Parks and
Recreation Department ("Recreation Department") for the estimated impact which is projected
to be experienced by said districts as a result of the development of the Subject Property in the
manner provided for under this Agreement:
A-1. School Contribution. OWNER or DEVELOPER shall provide a
combination contribution of land to the School District and cash-in-lieu of
land to the School District for use by Yorkville Community School
District 115 for a school building and associated grounds ("School
Contribution"). The total land area required for contribution pursuant to
applicable ordinances of the CITY, based upon the PUD Plan, is 26.162
acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0
acres of land ("School Site"), identified as Parcel on the Concept Plan,
to be conveyed to the School District, in partial satisfaction of the School
Contribution. The balance of the School Contribution shall be paid by a
cash contribution not to exceed $535,467 in accordance with the 1997
Annexation Agreement, as applicable, and CITY ordinances, at the time
that building permits are issued by the City for residential units and in the
amount attributable to number of residential units for which said building
permits are then issued. The School Site shall be maintained by the
DEVELOPER until such time that it is conveyed in such manner and at
such time as required by applicable ordinances of the CITY. The
OWNER or DEVELOPER shall convey the School Site to the School
District no later than the time when the final plat for the unit containing
the School Site is recorded with the Kendall County Recorders office.
Prior to conveyance of the School Site,DEVELOPER shall,at its expense,
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grade, seed and prepare the School Site in accordance with the approved
Final Engineering. The School Site is combined with the Park Site, as
defined in Paragraph of this Agreement, and shall be conveyed in such
manner and at such time as required by applicable ordinances of the
CITY.
A-2 If the School Site is not actually used for the construction of a school
building and associated grounds within three (3) years after recordation of
the Final Plat for which said parcel is located,then the School Site shall be
re-conveyed to the OWNER or DEVELOPER depending on which one of
them is in ownership at the time of the re-conveyance or OWNER'S or
DEVELOPER'S successor, which shall pay an amount equal to the then
most recent cash-in-lieu school land/cash payment to the School District
equivalent to the School Site Donation. The CITY shall assist, at
DEVELOPER's expense in obtaining the reconveyance of the School Site
to DEVELOPER or DEVELOPER's successor including utilizing its
power of eminent domain, if necessary.
A-3. The DEVELOPER has agreed to pay a transition fee to the School District
in the amount of $3000.00 per unit for residential units within the
Annexation Parcel and $1500.00 per residential unit on all other portions
of the Subject Property. In accordance with Exhibit 0, all school
transition fees will be paid at the time of building permit. No other
existing or future school transition fees or school impact fees of any kind
will apply with respect to the SUBJECT PROPERTY.
A-4. The method of payment will be in accordance with the CITY's procedure
for such payments as of the date of this Agreement. This procedure is for
the builder of a home to pay the fee for that unit to the School District
directly and receive a receipt from the School District for the amount paid
and then for this receipt to be presented by the BUILDER to the CITY
prior to the issuance of a building permit for that unit, on a lot by lot basis.
B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of
land and cash-in-lieu of land to the CITY for park purposes ("Park
Contribution"). The total land area required for contribution for park purposes
pursuant to applicable ordinances of the CITY, as depicted on the Concept PUD
Plan is 24.035 acres. OWNER or DEVELOPER shall cause fee title to not less
than 12 acres of land (the Park Parcel) as Parcels and on the
Concept Plan to be conveyed to the CITY, in partial satisfaction of the Park
Contribution. The balance of any Park Contribution shall be paid by a cash
contribution not to exceed $565,994 in accordance with the 1997 Annexation
Agreement, as applicable and CITY ordinances at the time that building permits
are issued by the CITY for residential units, and in the amount attributable to
number of residential units for which said building permits are then issued. of this
agreement. The Park Site shall be maintained by the DEVELOPER until such
time that they are conveyed in such manner and at such time as required by
applicable ordinances of the CITY. Prior to conveyance of the Park Site
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DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in
conformity with the Final Engineering.
C. The following fees shall be paid to the CITY for each unit:
Development fees.
A. Property Included B. Property Included in the
in the Annexation Parcel. 1997 Annexation Agreement
(Prices are per unit) (Prices are per unit)
Public works $ 700 $ 450
Police $ 300 $ 150
Engineering $ 100 $ 0
Parks $ 50 $ 0
Building $ 150 $ 150
Library $ 500 $ 150
Bristol/Kendall Fire $ 300 $ 250
City Sewer
Connection Fee $2,000 $2,000
City Water
Connection Fee $2,000 $2,000
-Single family $2,600
attached
-Single family $2,200 $2,000
detached
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Total $8,900 $7150
The City acknowledges that Water Meter Costs shall be as follows:
Annexation Parcel 1997 Annexation Area
Detached Units $xxxx $250
Attached Units $xxxx $325
Refer to Exhibit 0 for dedication of Area's of Annexation Parcel and the 1997
Annexation Area.
Unless otherwise provided in this Agreement, said development, transition,
impact, and other fees shall be paid per individual residential dwelling unit
concurrent with the building permit application for that particular residential
dwelling unit.
DEVELOPER agrees to pay a Siren Fee for the Annexation Parcel of$75.00 per
acre,paid in phases at time of such final plat.
DEVELOPER agrees to pre-pay the Municipal Building Fee of $150 per unit
within thirty (30) business days of recordation of this agreement, in an amount not
to exceed$133,500.
15. PROJECT SIGNS.
A. Residential Development Signs. Following the date of this Agreement and
through the date of the issuance of the final occupancy permit for the Subject
Property, DEVELOPER shall be entitled to construct, maintain and utilize up to
three (3) offsite subdivision identification, marketing and location signs for the
residential portion of the Subject Property at such locations within the corporate
limits of the CITY as DEVELOPER may designate (individually an "Offsite
Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible,
at its expense, for obtaining all necessary and appropriate legal rights for the
construction and use of each of the Offsite Signs. Each of the Offsite Signs may
be double faced signs which shall not exceed twenty (20) feet in height with an
area for each sign face not exceeding two hundred (200) square feet, or subject to
the requirements of any permitting authority other than the CITY or any
commercially available offsite sign. Each Offsite Sign may be illuminated,
consistent with the City's lighting ordinance. In addition to the Offsite Signs,
DEVELOPER shall be permitted to construct, maintain and utilize signage upon
the Undesser Property as identified in Exhibit , attached hereto. Nothing
herein shall limit the right of Developer to construct, maintain and utilize any
number of additional offsite subdivision identification, maintenance and location
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signs for the residential portion of the Subject Property at locations outside the
corporate limits of the City or the number of such signs.
B. Commercial Development Signs.
To be submitted with preliminary and fmal engineering plan
16. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of
occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or
Phase thereof within ten(10)working days after proper application therefor or within ten(10)
working days after the receipt of the last of the documents or information required to support
such application, whichever is later. If the application is disapproved,the CITY shall provide the
applicant within five (5)working days after receipt of the application of all documentation or
information required to support such application,with a statement in writing of the reasons for
denial of the application including specification of the requirements of law which the application
and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy
upon the applicant's compliance with those requirements of law so specified by the CITY.
17. MODEL HOMES/PRODUCTION UNITS. During the development and build-
out period of the Subject Property (subsequent to final plat approval), DEVELOPER, and such
other persons or entities as DEVELOPER may authorize, may construct, operate and maintain
model homes within the Subject Property staffed with DEVELOPER's, or such other person's or
entity's, sales and construction staff, and may be utilized for sales and construction offices. The
number of such model homes and the locations thereof shall be as from time to time determined
or authorized by DEVELOPER. No off-street parking shall be required for any model home
other than the driveway for such model home capable of parking two (2) cars outside of the
adjacent road right-of-way. Building permits for up to five (5) model homes per pod, and for up
to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application
therefor prior to the installation of public improvements (provided a gravel access road is
provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the
Yorkville-Bristol Fire Protection District). Prior to issuance of occupancy permits of model
homes, water shall be made available within 300' of the model homes. There shall be no
occupation or use of any production dwelling units until the binder course of asphalt on the
street, the water system and sanitary sewer system needed to service such dwelling unit are
installed and operational. DEVELOPER may locate temporary sales and construction trailers
upon the Subject Property during the development and build out of the Subject Property,
provided any such sales trailers shall be removed within two (2)weeks following issuance of the
fmal occupancy permit for the Subject Property or upon the occupancy of model homes within
the Subject Property, whichever shall first occur. Prior to construction of the sales trailer the
DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations
for the CITY's approval. The parking lot must have a hard surface before occupancy is
permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and
the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and
expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate
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result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit.
DEVELOPER shall be permitted to obtain building permits in the same manner for additional
model homes and for initial production dwelling units in each Phase of Development as the Final
Plat and Final Engineering for each such Phase of Development is approved by the CITY. The
foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for
each Phase of Development.
18. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of
execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the Subject Property other than proposed ROW, lands to be
dedicated to the Public, or floodplain areas within the required and approved by DEVELOPER
for development purposes. Said trailers may remain upon the Subject Property until the issuance
of the last fmal building permit for the Subject Property.
19. TEMPORARY SALES OFFICE TRAILERS. The City agrees to allow the
Owners/Developer or Builder to construct and use no more than five (5) temporary sales office
trailers, subject to Developer or Builder submitting plans and specifications to the Building and
Zoning Department and receiving approval of the same. Said temporary sales office trailer may
be constructed within the area referred to as Pod 7 on the Concept Plan. Temporary sales office
trailers shall be removed at the earlier of such time as the model home/s or model unit/s being
served by said temporary sales office trailer are available for model occupancy, or when 95% of
all units on the Subject Property have occupancy permits.
20. TEMPORARY PARKING. The CITY agrees to allow DEVELOPER to
construct temporary parking facilities (with binder course asphalt) or other appurtenances to the
model units and sales office prior to recording a fmal plat of subdivision for that Phase of the
Subject Property upon which the model units and sales offices are to be located subject to the
approval of the CITY and compliance with the CITY'S building codes.
21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public
improvements is hereafter requested and properly authorized by the CITY for the Subject
Property, for any of the public improvements constructed to develop the Subject Property for the
purpose of serving property other than the Subject Property, the CITY shall enter into a
Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER providing for
the payment of the cost of such oversizing by the owner(s) of properties benefitted by the same.
The improvements which qualify as oversized and the identity of the benefitted properties shall
be identified at the time of approval of Final Engineering for a Phase of Development.
22. LIMITATIONS. In no event, including,without limitation,the exercise of the
authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.),
shall the CITY require that any part of the Subject Property be designated for public purposes,
except as otherwise provided in this Agreement or identified on the Preliminary Plat.
23. RECAPTURE AGREEMENTS.
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A. Benefitting the Subject Property. The CITY agrees that in accordance with
Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at
the request of the DEVELOPER, the CITY shall enter into agreements for
recapture ("Recapture Agreement or "Recapture Agreements") with
DEVELOPER providing for the recapture by DEVELOPER of a portion of the
cost of certain improvements as identified on Exhibit "J" attached hereto
("Recapture Improvements"), constructed by DEVELOPER which the CITY
has determined may be used for the benefit of property ("Benefitted Property")
not located within the Subject Property which connects to or is otherwise
benefitted by said improvements. Each Recapture Agreement shall be
substantially in the form as attached hereto and made a part hereof as Exhibit"K".
B. Encumbering the Subject Property. Except as otherwise expressly provided in
this Agreement, there are currently no recapture agreements or recapture
ordinances affecting public utilities which will be utilized to service the Subject
Property of which the CITY has any knowledge, or under which the CITY is or
will be required to collect recapture amounts from OWNER, DEVELOPER, or
their successors, upon connection of the Subject Property to any of such public
utilities, nor does the CITY have any knowledge of any pending or contemplated
request for approval of any such recapture agreement or ordinance which will
affect the Subject Property.
24. SPECIAL SERVICE AREA.
A. Public Improvements to be Financed by SSA Bonds. In order to provide for the
maintenance of open space and trail areas OWNER and DEVELOPER agree to
execute a consent to the creation of a Special Tax Service Area and have
approved Ordinances encumbering all residential units within the Subject
Property, in the event the Homeowners Association for Westbury Village fails to
carry out its maintenance responsibilities. The development of public
improvements on the PROPERTY shall be in compliance with all Ordinances of
the CITY except as modified herein, and the Preliminary Plat of Subdivision. In
addition, said public improvements shall be approved by the City's staff or
engineering consultants. Final Plat approval by the City Council shall be in
conformance with the City's Zoning Ordinance, Subdivision Control Ordinance,
Reimbursement of Consultants and of Review Fees Ordinances, Land-Cash
Ordinance, School Transition Fee Ordinance, and Development Fee Ordinance,
which have been voluntarily contracted to between the parties and agreed to by
OWNER and DEVELOPER as a condition of approval of this Planned Unit
Development Agreement. Except to the extent modified by this Agreement, the
Preliminary Plat and Final Plat of each phase of development, shall comply with
all requirements as set out in the City's Zoning Ordinance and Subdivision
Control Ordinance at the time commencement of construction is initiated. No
change in the City's Zoning Ordinance, Subdivision Control Ordinance,
Reimbursement of Consultants and Review Fees Ordinance, School Transition
Fee, and Development Fee, which have been enacted subsequent to the execution
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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 or as
modified herein or in any of the attachments hereto. Except as modified herein,
DEVELOPER and any successor developers, 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 City's
Subdivision Control Ordinance or other Ordinances of the CITY affecting the
subdivision that benefit OWNER or DEVELOPER, said modifications shall be
effective as to the Subject Property in the event OWNER or 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.
B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and
their respective successors,. assignees and grantees, agree to cooperate in
establishing a special service area ("SSA") for the Subject Property to be utilized
as a primary funding mechanism for the funding of certain eligible infrastructure
costs in accordance with the CITY's Special Tax Bond Policy attached as Exhibit
C. Special Service Area-Financing. The CITY agrees that if requested by
DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment
of a funding mechanism including, without limitation, sales tax rebates or creation
of a Special Service Area (SSA) or other public funding mechanism for the
purpose of financing all public improvements within the Subject Property or any
part or parts or Phase or Phases thereof then owned by the requesting
DEVELOPER, including, without limitation, potable water, fire flow and/or water
storage facilities, roads, storm water facilities (i.e., storm water sewers, collection
and conveyance improvements, detention ponds if they benefit the Subject
Property, sanitary sewer facilities, and other public improvements which are
acceptable to the SSA and underwriter(s). Such cooperation will include, without
limitation, the enactment of ordinances to: (i) create a Special Service Area Tax,
and (ii) authorize the issuance and sale of bonds so long as such bonds have no
recourse to the CITY; as may be requested by DEVELOPER consistent with
CITY policy as established by City Resolution#2002-04, which is attached hereto
and incorporated herein by reference.
D. Onsite Easement and Improvements. In the event that during the development of
the Subject Property, DEVELOPER determines that any existing utility easements
and/or lines require relocation to facilitate development of the Subject Property in
accordance with the Preliminary Plat, the CITY shall fully cooperate with
DEVELOPER in causing the vacation and relocation of such existing easements,
and all costs thereof shall be borne by the DEVELOPER. If any easement
granted to the CITY as a part of the development of the Subject Property is
subsequently determined to be in error or located in a manner inconsistent with
26
October 21,2003
CHO2/22242448.11
the intended development of the Subject Property as reflected on the Preliminary
Plan and this Agreement, the CITY shall fully cooperate with DEVELOPER in
vacating and relocating such easement and utility facilities located therein, which
costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a
condition precedent to any vacation of easement, DEVELOPER shall pay for the
cost of design and relocation of any such easement and the public utilities located
therein. The CITY also agrees to support and cooperate with OWNER and
DEVELOPER to obtain access to U.S. Route 47 and/or Galena Road, with
applicable government agencies.
25. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise
provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of
Development is recorded, the CITY shall obtain all offsite easements necessary for the
development of such portion of the Subject Property in accordance with the Preliminary Plan. In
the event an offsite easement is required which was not contemplated in the Preliminary Plan due
to a change in circumstances, or in the event the CITY is unable to acquire such necessary offsite
easement, the CITY shall exercise its power of eminent domain to acquire the same, in
accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a
result thereof.
26. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall
develop the Subject Property as a subdivision to be commonly known as Westbury Village in
accordance with the Final Plat and Final Engineering Plan approved by the CITY in accordance
with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property,
petition to disconnect any portion or all of said property from the CITY,unless the CITY shall be
in material breach of this Agreement. Nothing herein shall preclude OWNER or DEVELOPER
from pursuing any other remedy available to it, judicial or otherwise, for breach of this
Agreement by CITY.
27. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
28. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation
fee shall become due or payable as a result of the development and build-out of the Subject
Property as a result of the prior annexation of said property to the CITY. The CITY hereby
waives all current and future annexation fees now or hereafter required under any ordinances of
the CITY with respect to the Subject Property, except as otherwise provided in this Agreement.
29. TRANSFER. It is specifically understood and agreed that OWNER and
DEVELOPER and their successors and assigns shall have the right to sell,transfer,mortgage and
assign all or any part of the Subject Property or any Phase or Parcel and the improvements
thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation,
investment, building, financing, developing, construction and all such purposes, and that said
persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and
privileges and shall have the same obligations as OWNER and DEVELOPER have under this
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October 21,2003
CH02/22242448-11
Agreement, and upon such transfer, such obligations relating to that part of the Subject Property
sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for
any security posted by OWNER and DEVELOPER on any subdivided or unimproved property
for which an acceptable substitute security has not been submitted to the CITY, and transferor
shall be relieved of all duties and obligations hereunder relating to that portion of the Subject
Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing
provisions of this Paragraph 29, the indemnity, defense and hold harmless provisions of
Subparagraph and Paragraph , shall be the obligation of the specific owner and/or
owners of that portion of the Subject Property upon which such work and/or utility installation is
occurring.
30. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable
assistance requested by OWNER or DEVELOPER in applying for and obtaining any and all
approvals or permits necessary for the development of the Subject Property, including, but not
limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency
Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township,
the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further
agrees to reasonably cooperate with OWNER and DEVELOPER in obtaining all permits and
approvals required by the YBSD, the County of Kendall and all other governmental units in
connection with the contemplated development of the Subject Property.
31. GENERAL PROVISIONS.
A. Enforcement.
1. This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an
appropriate action at law or in equity to secure the performance of the
covenants and agreements contained herein, including the specific
performance of this Agreement. This Agreement shall be governed by the
laws of the State of Illinois.
2. In the event of a material breach of this Agreement, the parties agree that
the defaulting party shall have thirty (30) days after notice of said breach
to correct the same prior to the nonbreaching party's seeking of any
remedy provided herein; provided, however: (i) any breach by OWNER
reasonably determined by the CITY to involve health or safety issues may
be the subject of immediate action by the CITY without notice or thirty
(30) day delay; and (ii) if the cure for any breach that does not involve
health or safety issues cannot reasonably be achieved within thirty (30)
days, the cure period shall be extended provided the breaching party
commences the cure of such breach within the original thirty (30) day
period and diligently pursues such cure to completion thereafter.
3. In the event the performance of any covenant to be performed hereunder
by either OWNER, DEVELOPER or the CITY is delayed for causes
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October 21,2003
CH02/22242448.11
which are beyond the reasonable control of the party responsible for such
performance (which causes shall include, but not limited to, acts of God;
inclement weather conditions; strikes; material shortages; lockouts; the
revocation, suspension, or inability to secure any necessary governmental
permit, other than a CITY license or permit; and any similar case)the time
for such performance shall be extended by the amount of time of such
delay.
4. The failure of the parties to insist upon the strict and prompt performance
of the terms, covenants, agreements, and conditions herein contained, or
any of them, upon any other party imposed, shall not constitute or be
construed as a waiver or relinquishment of any party's right thereafter to
enforce any such term, covenant, agreement, or condition, but the same
shall continue in full force and effect.
B. 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.
C. 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.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in
writing and shall be deemed effectively given on the date of confirmed
telefacsimile transmission, on the date delivered personally or on the second
business day following the date sent by certified or registered mail, return receipt
requested,postage prepaid, addressed as follows:
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October 21,2003
CH02/22242448.11
(i) If to
DEVELOPER: Ocean Atlantic
1800 Diagonal Road
Suite 425
Alexandria,VA 22314
Attn: Michael Ferraguto
Phone: (703)299-6060
Fax: (703)299-6199
with a copy to: Gardner Carton&Douglas
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606
Attn: Sanford M. Stein
Phone: (312) 569-3000
Fax: (312) 569-3229
(ii) If to OWNER: John or Richard Undesser,Jr.
with a copy to: Robert E.Nelson
Attorney at Law
Keystone Building
30 South Stolp Avenue, Suite 402
Aurora, IL 60506
Phone: (630) 892-4344
Fax: (630) 892-4371
(iii) If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, IL 60560
Phone: (630) 553-4350
Fax: (630) 553-7575
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October 21,2003
CH02/22242448.11
with a copy to: Daniel J. Kramer, Esq.
1007 Al
South Bridge Street
Yorkville,IL
Phone: (630) 553-9500
Fax: (630) 553-5764
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). 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
affect 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.
F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to
applicable provisions of the CITY Code and Illinois Compiled Statutes. This
Agreement may be amended by the CITY and the owner of record of a portion of
the Subject Property as to provisions applying exclusively thereto, without the
consent of the owner of other portions of the Subject Property not affected by
such Agreement.
G. 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.
H. 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 twenty (20) years. In
the event construction is commenced within said twenty-year period all of the
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY and DEVELOPER.
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October 21,2003
CH02/22242448.11
J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
K. Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at DEVELOPER's expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
M. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same document.
N. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for 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. Unless specifically set forth to the
contrary herein, nothing contained herein shall affect any limitations imposed as
to sanitary sewer or water main extensions by the Illinois Environmental
Protection Agency, or Yorkville-Bristol Sanitary District.
O. Highways 47, Galena Road, and Corneils Road Entrances. DEVELOPER agrees
to comply and pay the cost of compliance with all State requirements with regard
to entrances into the development from State Highway 47, Galena Road and
Corneils Road.
P. 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.
Q. 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 OWNER, including, but
not limited to, county, state or federal regulatory bodies.
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October 21,2003
CH02/22242448.11
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
DEVELOPER: CITY:
OCEAN ATLANTIC CHICAGO,LLC, UNITED CITY OF YORKVILLE, an
A Delaware Limited Liability Company
By: Ocean Atlantic Service Corp., Manager
By: By:
John C. Carroll Mayor
Title: President
Attest:
Dated:
Dated:
OWNER:
ESTATE OF RICHARD &HENRIETTA UNDESSER
By:
Title:
Dated:
By:
Title:
Dated:
33
October 21,2003
CH02/22242448.11
LIST OF EXHIBITS
EXHIBIT"A": UNDESSER PROPERTY LEGAL DESCRIPTION
EXHIBIT"B": ANNEXATION PARCEL LEGAL DESCRIPTION
EXHIBIT B-1 PLAT OF ANNEXATION
EXHIBIT B-2 AMENDED ZONING DISTRICT
EXHIBIT B-3 GRAPHIC DESCRIPTION OF AMENDED ZONING DISTRICT
EXHIBIT"C": PRELIMINARY SITE PLAN(Lannert Group May 28, 2002)
EXHIBIT"D": PRELIMINARY LANDSCAPE PLAN
EXHIBIT"E": PRELIMINARY ENGINEERING PLAN
EXHIBIT"F": BUILDING CODES
PERMITTED DEVIATIONS
EXHIBIT"G": SECURITY INSTRUMENT
IRREVOCABLE LETTER OF CREDIT
EXHIBIT"H": OPEN SPACE PLAN
EXHIBIT"I": PENDING ORDINANCE AMENDMENTS
EXHIBIT"J": RECAPTURE IMPROVEMENT
BENEFITTED PROPERTIES
EXHIBIT"K": COMMON FACILITIES
RECAPTURE AGREEMENT
EXHIBIT"L": FINAL PLAT OF SUBDIVISION
EXHIBIT"M": •
EXHIBIT"N" SPECIAL SERVICE AREA FINANCING
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October 21,2003
CH02/22242448.11
EXHIBIT"0" EXHIBIT DEPICTING LIMITS OF ANNEXATION PARCEL
AND THE 1997 ANNEXATION AREA.
NOTE PAGE 14 has two blanks for Exhibit referring to Rob Roy Creek Ditch proposed
Open Space Plan and also another Exhibit for Additional Improvement
35
October 21,2003
CH02/22242448.11
CH02/22242448. 11 October 21,2003 _i_
1111 YORKVILLE K
ill 171 P
PARKS&RECREATION Yorkville Parks&Recreation Department
908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: vorkrecdepnaol.com
Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347
Memo
To: Art Prochaska, Mayor
From: Laura J. Brown, Executive Director
Date: October 14, 2003
Cc: Tony Graff, City Administrator
Re: Athletic Field Reservation Policy
The Park Board discussed and approved the attached Athletic Field Reservation Policy on
October 13, 2003.
The Park Board recommended this policy by forward to COW/City Council for discussion
and approval. In addition, the Park Board also recommended a Public Hearing on the Policy
prior to final approval or action by the City Council to give the residents a chance to comment.
I would like to recommend this policy be placed on the Committee of the Whole agenda for
November 4, 2003 for discussion. With a positive recommendation this policy would proceed
to City Council on November 10, 2003 for a public hearing and final approval by the Council.
I 1
UNITED CITY OF YORKVILLE
PARK AND RECREATION DEPARTMENT
ATHLETIC FIELD RESERVATION POLICY
The Athletic Field Reservation policy of the United City of Yorkville has been established to
provide a systematic method by which athletic fields (baseball, softball and soccer) may be
reserved by the residents of the community. A reservation is not required for athletic field use
for occasional play or pick up games. League play (which includes multiple days, or week
play) a permit is required and will guarantee use for the dates and times specified on the
permit.
Objective
• To provide maximum utilization of athletic fields through centralized scheduling
• To provide an impartial distribution of athletic fields to the various community groups
who wish to reserve fields.
• To plan cooperatively with other community agencies to enhance individual and group
recreational needs.
• To provide recreational activities which take into consideration the needs of the
community.
• To provide the best possible maintenance of athletic fields using available manpower
and monetary resources.
RENTAL CATEGORIES
Category A Government and non-profit organization which are located within the United
City of Yorkville.
Category B Private groups and individuals which are comprised of predominately (at least
80%) United City of Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville
boundaries.
Category D Governmental and non-profit organizations which are located outside the United
City of Yorkville boundaries.
Category E Private groups and individuals who do not fall into the predominately resident
classification (Category B).
Category F Business or corporations which are located outside of the United City of
Yorkville boundaries.
Athletic Field Use Priorities
When scheduling reserved use of athletic fields, the following priorities shall be established:
1. United City of Yorkville Park and Recreation sponsored programs
2. Yorkville School District
3. Youth Leagues that have approved cooperative agreements with the City of Yorkville.
4. Privately sponsored athletic programs within the community requesting to
reserve an athletic field(s) on a seasonal basis.
5. Private groups or individuals requesting to reserve an athletic field(s) on a single
or multiple dates.
6. Other
Residents groups (groups with 80% or more United City of Yorkville residents) shall be given
priority over non-resident groups. The 80% residency requirement shall be calculated based
on the total number of people using the field.
Athletic fields may be used on a drop-in basis by any group or individual without a reservation
on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any
organized league games. Groups or individuals with an approved reservation or permit and
City programs will have priority use.
In case of inclement weather, the United City of Yorkville Park and Recreation Department
shall make the final decision regarding playability of all fields.
Request for Athletic Field Reservation
Organizations, Groups and individuals desiring to reserve athletic fields shall complete the
standard application for athletic field reservation. In addition, organizations, groups, and
individuals shall be required to submit the following with the application form:
• A certificate of insurance—co-naming the United City of Yorkville as an additional
insured, Assumption of liability, and Waiver of subrogation
• The team roster(s)with addresses and signed waiver forms from each player or
guardian.
• The Recreation Department may request additional information from the desired
individual or groups if it is considered to be in the best interest of the City or necessary
to make a decision regarding the use of a field.
Reservation requests shall be approved beginning on the following dates:
Spring Season (March — May) February 15th
Summer Season (June—August) April 15th
Fall Season (September— November) July 15th
TOURNAMENT ATHLETIC FIELD RESERVATION
Any groups wishing to host a tournament shall have an approved athletic field reservation
prior to submitting a bid to host a tournament.
A. MAJOR TOURNAMENTS
Athletic field reservation requests for major tournaments shall be submitted in writing at least
nine months prior to the tournament date. Major tournaments shall include, but are not
limited to, national, regional and state tournaments.
B. SMALL TOURNAMENTS
Athletic field reservation requests for small tournaments shall be submitted in writing at least
sixty days prior to the tournament date. Small tournaments shall include, but not limited to,
city-wide or county tournaments.
C. SPECIAL REQUESTS
Any special tournament requests for any variances shall be submitted in writing along with
the athletic field reservation request. Special tournament requests shall include, but are not
limited to, selling concessions (including items to be sold and their prices), extended park
hours use, use of a public address system, admission charges, additional bleachers,
additional field maintenance, use of snow fence, and water or electrical access.
D. PROCEDURE
Written requests for tournament athletic field reservations and special requests shall be
submitted to the Recreation Department according to the deadlines listed above. In addition,
certificate of insurance, team rosters and signed waiver forms for each player participant shall
be submitted to the Recreation Department at least one week prior to the tournament date.
Athletic field reservation requests shall be approved by the Recreation Department. Special
tournament and use requests shall be approved by the Park Board.
The group or organization requesting the use of the fields for tournament use is responsible
for all participant and players conduct while on the fields, park, surrounding areas including
parking lot. All players attending a tournament or other uses of the athletic fields should
adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY
OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can
impact the current and future uses of all City fields and/or facilities. Furthermore, the groups
assumes all responsibility for the repair or replacement of damage as a result of misuse of
the field, equipment or park amenities.
ATHLETIC FIELD RESERVATION FEES
A. Establishment
The Board shall annually (based on fiscal year) establish fees for the reserved use of athletic
fields based on the premise that fees charged shall be used to partially offset the cost of
maintaining and upgrading the City's athletic fields. Fees shall be established in the following
categories:
1. Soccer Fields and football fields
2. Baseball and softball fields, daylight use
3. Baseball and softball fields, night use with lights
4. Resident, non-resident and commercial use fees
5. Single or multiple and seasonal use fees
6. Tournament use
7. Special use
B. Resident/ Non-Resident Users
To qualify for resident fees a group shall consist of 80% or more residents of the United City
of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on
the total number of players using the field, not just on the group requesting use of the field.
Residency shall be determined based on the home address of the individuals as opposed to
the business address or the address of other family members. The Recreation Department
may waive the residency requirement if it considered to be in the best interest of the City.
C. Commercial Users
Any group reserving an athletic field for profit making purposes shall be charged the
commercial fee.
D. Waiver of Fees to School District or private school groups
Public and parochial schools that provide school facilities to the City of Yorkville at no charge
shall have free reserved use of City athletic fields. These schools shall provide their own set-
up of athletic fields including, but not limited to, lining, base set-up and hand raking. Should
these schools wish to reserve an athletic field at night with lights, the established lighting
costs shall be paid by the school.
E. Payment of Fees
Groups reserving an athletic field on a seasonal basis shall be billed monthly by the
Recreation Department, however, a 20% deposit shall be required to guarantee the
reservation.
Groups or individuals reserving athletic fields on a single or multiple use basis shall be
required to pay the established fee at least one week prior to the date reserved. A permit
shall be issued upon payment of the fee.
Payment of fees shall be made at the Beecher Community Center.
If an athletic field is damaged due to improper use by the group or individual and requires
more than normal maintenance and/or repair to be restored to its original condition, the group
or individual shall be charged the amount necessary to cover the cost of the required
maintenance and /or repair.
F. Refund of Fees
A refund of athletic field reservation fees may be granted for the following reasons:
If the United City of Yorkville Park and Recreation Department staff feels that the athletic field
is in unplayable condition and therefore, the game is cancelled.
If the group or individual provides written notification of cancellation to the Department at
least one week prior to the date reserved.
ATHLETIC FIELD RESERVATION FEES
Attached fee schedule. The fee schedule will be reviewed and adjusted annually based fiscal
expenses. Fees charged shall be used to partially offset the cost of maintaining and
upgrading the City's athletic fields. All fees are subjected to changing without notice.
GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS
AND FACILITIES:
• No equipment or permanent signage will be added or installed to the park without the permission of the
United City of Yorkville Park and Recreation Department
• No ball hitting or pitching into fences or dugouts is allowed.
• Each party will report any damage, accidents and or maintenance concerns to the park and recreation
department immediately.
• Coordination of work involving the park department staff or use of the equipment will generally require a
two-week notice,for scheduling purposes.
• Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields proper.
• All requests for use of fields,or park(s)must be in writings.
• Each group must complete a checklist ensuring that the fields are in acceptable condition after their
scheduled use. This form must be turned into the Park and Recreation Department at the end of the
season or maintenance obligation.
• Due to the scheduling or early setups for the other functions, all groups and organizations are requested
to use only the area,field,or park that has been assigned to them.
• No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or
partisan political activities of any kind. Non-partisan public meetings and information forums are
permitted.
• No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the
premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges
immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be
patrolling and monitoring the event at the discretion of the United City of Yorkville staff.
• Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter
control and pick up. Damage or excessive litter may result in a loss of privileges and use.
• Groups may not use the fields or parks when the weather conditions are dangerous or when the field
conditions are not acceptable. All groups must adhere to the inclement weather practice for field
conditions;(no standing water,saturated turf conditions,or times when safety is a concern).
• Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and
fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm
system, and any other city guidelines that pertain to the use of City Owned property).
ATTACHMENT
ATHLETIC FIELD RESERVATION POLICY
Fiscal Year 2003—2004
ATHLETIC FIELD RESERVATION FEES
The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees
charged shall be used to partially offset the cost of maintaining and upgrading the City's
athletic fields. All fees are subjected to changing without notice.
Category A Government and non-profit organization which are located within the
United City of Yorkville.
Category B Private groups and individuals which are comprised of predominately (at
least 80%) United City of Yorkville residents.
Category C Business or corporations which are located within the United City of
Yorkville boundaries.
Category D Governmental and non-profit organizations which are located outside the
United City of Yorkville boundaries.
Category E Private groups and individuals who do not fall into the predominately
resident classification (Category B).
Category F Business or corporations which are located outside of the United City of
Yorkville boundaries.
Ctg A Ctg B Ctg C Ctg D Ctg E Ctg F
0-2 hours $10.00 $10.00 $20.00 $30.00 $40.00 $40.00
2-4 hours $15.00 $15.00 $25.00 $40.00 $50.00 $50.00
4-6 hours $20.00 $20.00 $30.00 $45.00 $60.00 $60.00
6-8 hours $25.00 $25.00 $35.00 $50.00 $70.00 $70.00
PREPARATION OF FIELDS - additional fee
Baseball / softball field prep— includes bases, fine dragging and lining
Weekday $25.00 per day
Weekend $35.00
Soccer field prep - includes nets, lining of the field
Weekday $30.00
Weekend $40.00
" Lights— currently not available on any fields
SPECIAL USE
Water or electrical access $20.00 additional. Must supply your own extension cords.
Please reference the concession stand /vendor operation policy for special use request and
tournaments.
STANDARD APPLICATION FOR ATHLETIC FIELD RESERVATION
UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT
Reservation requests shall be approved beginning on the following dates:
Spring Season(March—May) February 15th
Summer Season(June—August) April 15th
Fall Season(September—November) July 15th
Please indicate type of Group requesting use of athletic field by circling the appropriate category
Category A Government and non-profit organization which are located within the United City of Yorkville.
Category B Private groups and individuals which are comprised of predominately(at least 80%)United
City of Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville boundaries.
Category D Governmental and non-profit organizations which are located outside the United City of
Yorkville boundaries.
Category E Private groups and individuals who do not fall into the predominately resident classification
(Category B).
Category F Business or corporations which are located outside of the United City of Yorkville boundaries.
Group or Individual Name
Contact Person: Address
Home Phone: Work Phone: Email
FIELDS REQUESTED:
DATE(s)/TIME(s)REQUESTED:
PURPOSE
Special Use requests(concessions,water,electrical,other).
In order complete the athletic field request,the following documents must be forwarded to the
Recreation Department
A certificate of insurance—co-naming the United City of Yorkville as an additional insured,Assumption of
liability,and Waiver of subrogation.
The team roster(s)with addresses and signed waiver forms from each player or guardian.
OFFICIAL USE
Addition information requested
Reservation Amount Deposit amount (20%)
Date of Request Date Received
Staff initials Approved/Denied
Refund Requested Field Assigned
10/30/2003 11:42 FAX 630 553 5764 DANIEL J. KRAMER fj006/018
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 4-1-1 OF THE
UNITED CITY OF YORKVILLE CITY CODE REGULATING OPEN BURNING
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY, ILLINOIS:
WHEREAS,the Mayor and City council of the United City of Yorkville,upon the
recommendation and request of various members of the community,have considered the health
and safety effects of burning leaves,refuse,building materials,and other vegetation within the
City limits of the UNITED CITY OF YORKVILLE: and
WHEREAS, the Mayor and City Council have found that leaf burning and the burning of
building materials or refuse, along with the burning of other forms of vegetation,including
shrubs,branches, wood, grass,weeds,plant material, and general vegetation,creates a substantial
safety hazard for the risk of uncontrolled fire representing problems for persons living in the
City, as well as a degradation of air quality, and generally promotes an unhealthy discharge of
smoke throughout the City; and
WHEREAS,burning of such material has a direct damaging impact on the safety and
health of the people of the UNITED CITY OF YORKVILLE;
NOW THEREFORE,the Mayor and the City Council of the UNITED CITY OF
YORKVILLE, upon motion duly made,seconded and approved,hereby amend Section 4-1-1 of
the United City of Yorkville City Code with respect to the burning of the above-stated materials
within the City boundaries:
Paragraph A,of Section 4-1-1 of the existing Ordinance is amended as follows:
3. The discharge into the outdoor atmosphere of fumes, smoke,gas or vapors or any
combination from the burning of any materials other than untreated paper and paper
products and wood as provided above shall be, for the purposes of this Section,
declared air pollution and a public nuisance.
4. Controlled fires started and attended to by the personnel of the UNITED CITY OF
YORKVILLE in order to control the growth of Prairie Grass or other vegetation to
benefit the public heath,safety or welfare shall be permitted.
10/30/2003 11 :42 FAX 630 553 5764 DANIEL J. KRAMER fj007/016
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval
and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of
, 2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE SURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me,as Mayor of the United City of Yorkville, Kendall County, Illvnois,
this day of , A.D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this day of , A.D. 2003.
Attest: _
CITY CLERK
2
10/30/2003 11 :43 FAX 630 553 5764 DANIEL J. KRAMER Ij008/018
This Document Prepared by:
Law Offices of Daniel J.Kramer
1107A South Bridge Street
Yorkville,Illinois 60560
630-553-9500
3
pco .qt;
• UNITED CITY OF YORKVILLE
To: Tony Grafi; City Admini •"`r
From: Joe Wywrot, City Engineer
Subject: Well No. 7—Change Order 71.1.4 1
Date: September 19,2003
Attached find one copy of proposed Change Order No. 1 for the referenced project. This
change order, in the amount of a$16,500 decrease, is for changing the temporary water
supply from a shallow well to the city's water system in Country Mills.
Drilling a deep well requires a water source to aid in the drilling process. This water can be
supplied by a shallow well,but a more reliable source is the city's water system. The base
bid for Well No. 7 called for a shallow well because we weren't sure of the impact on our
water system if we were to connect to a fire hydrant.We requested, however,that bidders
state what credit they would offer if the city's water supply could be used.
Since that time,EEI evaluated the water system using our WaterCAD computer model. We
found that at times of peak demand the system pressure would drop about 3 psi,from 35 psi
to 32 psi.While this pressure is the lowest in town(prompting us to create the new pressure
• zone)it is within acceptable limits. Therefore,I recommend that Change Order No. 1 be
approved.
Please place this on the Public Works agenda of October 27, 2003 for discussion.
S .
CHANGE ORDER
• Order No. 01
Date: September 19, 2003
Agreement Date: September 19, 2003
NAME OF PROJECT: Water Well No. 7, Contract C.6
OWNER: United City of Yorkville
CONTRACTOR: Layne-Western
The following changes are hereby made to the CONTRACT DOCUMENTS:
Eliminate the drilling and abandonment of the temporary supply well and to provide a
connection to the City's current water supply via a fire hydrant with an above ground
conduit to transport the water to the well location (maximum distance = 3,000 feet).
• The exact fire hydrant and location of the conduit shall be determined by the Engineer
at the time of construction.
Justification:
The City's water supply will provide a more reliable source of water supply for the well
drilling operation at a price advantage to the City.
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $685.590.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $685.590.00
The CONTRACT PRICE due to this CHANGE ORDER will be ('^,T,ereaseQ) (decreased)
by: $16.500.00
• The new CONTRACT PRICE including this CHANGE ORDER will be $669,090.00
(continued) CO-01
CHANGE ORDER NO. 01
Page 2
Change to CONTRACT TIME:
The CONTRACT TIME will be (incmmed)(dccrctiascd) by 0 calendar days.
The date for completion of all work will be December 27, 2003.
Approvals Required:
To be effective this order must be approved by the agency if it changes the scope or
objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL
GENERAL CONDITIONS.
Requested by: 0101 Lavne-Western
Recommended by: takCIL Engineering Enterprises
Accepted by: United City of Yorkville
•
•
CO-02
Pco
UNITED CITY OF YORKVILLE
To: Tony Graff, City Adniinistra r
From: Joe Wywrot, City Engineer
Subject: Apple Tree Court Roadway& ' ility provements-Change Order No.1
Date: September 24, 2003
Attached find one copy of Change Order No.1 for the referenced project. This change order,
in the amount of a$4 362.75 decrease, is the final balancing change order. Please refer to
the change order for dertzt specific changes.
The pay items that resulted in major decreases were water service connections, aggregate
base repair, and supplemental watering. We opted to keep two existing water services
connected to the old watermain rather than re-connecting them to the new watermain. We
also found that the existing aggregate base for the roadway was in generally good condition,
allowing us to avoid repairs. Rather than excavating out the base in the one area that was a
little soft, we decided to thicken up the binder. Lastly, we were able to eliminate the
supplemental watering for the sod. The cool,wet weather that we've had lately have been
adequate to keep the grass gro 'I! -- - T
• Please place this ite •n the October 27, 2003 Public Works Commi - agenda for
consideration. # 7/2b74a)
Cc: Traci Pleckham, Director of Finance
• UNITED CITY OF YORKVILLE
Project Apple Tree Court Roadway&Utility Improvements Change Order No 1 (FINAL)
Contractor. S&K Excavating&Trucking, Inc. Date: 23-Sep-03
Address: 7225 Caton Farm Road
Yorkville, Illinois 60560
Awarded Final Difference in
No Item Quantity Quantity Difference Unit Unit Price Cost
I 8'DIP Watermain 620 620 0 FT $26.00 $0.00
2 6x6"Tapping Valve in Vault 1 1 0 EA $4,000.00 $0.00
3 Poly.Encasement 620 620 0 FT $1.00 $0.00
4 Fittings 541 846 305 LB $6.50 $1,982.50
5 Trench Bac4dl 223 223 0 CY $25.00 $0.00
6 Salvage Fie Hydrant 1 1 0 EA $500.00 $0.00
7 Water Service Connection 2 0 -2 EA $600.00 ($1,200.00)
8 Adjusting Servilely Sewers 20 0 -20 FT $14.00 ($280.00)
9 Inlets to be Adjusted 1 1 o EA $350.00 $0.00
10 &l mminous Surface Removal,4" 1417 1417 0 SY $3.68 $0.00
11 Comb.Curb&Gter Rem.&Rept 341 357 16 FT $20.00 $320.00
12 PCC Drive Removal&Replacement 314 298 -16 SY $28.00 ($448.00)
13 PCC Sidewalk Removal&Replacement 60 104 44 SF $8.00 $352.00
14 Aggregate Base Repair . 130 0 -130 TON $27.00 ($3,510.00)
15 Geotechnical Fabric for Ground StabiTtration 150 0 -150 SY $2.50 ($375.00)
16 Butt Joest 36 35 -1 FT $11.00 ($11.00)
17 Preparation of Base 1417 1417 0 SY $1.10 $0.00
18 Bk.Materials(Prime Coat) 425 511.29 86.29 GAL $1.56 $134.61
019 B4.Binder Course,2.5' 204 185.57 -18.43 TON $47.83 ($881.51)
20 B4.Surface Course,1.5* 123 133.39 10.39 TON $52.16 $541.94
21 Crack Filling 831 801 -30 FT $0.71 ($21.30)
22 Seed Restoration 1371 1487 116 SY $1.85 $214.60
23 Sod Restoration 277 253 -24 SY $3.40 ($81.60)
24 Supplemental Watering 10 0 -10 UNIT $110.00 ($1,100.00)
25 Traffic Control 1 1 0 EA $2,800.00 $0.00
Total change: ($4.362.75)
Contract Award Amount $84,111.92
Plus Previous Change Orders: $0.00
Revised Contract Amount $79,749.17
Recommend for Approval: t--) Date: 5��e. •ic.t-a3
ity of Yorkville
Approved: ,4 - Date: 9/7/d3
S&K Excavating&Trucking, Inc.
Approved: Date:
City of Yorkville
110
p
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administra or
From: Joe Wywrot, City Engineer
Subject: Well No. 8 & 9 Treatment F 'lity
Date: September 30, 2003
The building that houses the treatment facility in Grande Reserve was bid to have exterior
brick all the way around for the first floor, with Hardy-Plank masonry siding for the second
floor. There was also an alternate bid received for extending the brick all the way up on the
front side only. That additional cost was $2400. After bids were received, there was
discussion that the new architectural standards we are considering adopting would require
brick all the way up on all sides. We got a price ofack from Pasquinelli
Development Group for that additional cost, resulting in a total extra cost of$7300.
We need to decide if we want to go wi • e base bid, the first alternate;brt)�second
alternate. Please place this item on the ' • . 'c Works Committee agenda of October 27, 2003
for discussion.
F/ftf-V
•
Cc: Eric Dhuse, Director of Public Works
.,.,...... _ pco.-,E .-0
CITY OF YORKVILLE
411 _J (4% -
-,�, `�J , ��- WATER DEPARTMENT PARTMENT REPORT
Ililif- MONTH AUGUST 03
' 20 —
WELLS .
WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE
NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS)
3 1335
406 183 14.800
4 1393
LSA 163 20.096 _
TOTAL
34.896
In
CURRENT MONTH'S PUMPAGE 1S 4,770,000 GALLONS MORE THAN LAST MONTH
❑ LESS
2,987,000 GALLONS THAN THIS MONTH LAST YEAR
❑ LESS
111 DAILY AVERAGE PUMPED: 1,126,000 GALLONS
DAILY MAXIMUM PUMPED: 1,521,000 GALLONS
. _..__...
DAILY AVERAGE PER CAPITA USE: r 141 GALLONS
I WATER TREATMENT`
CHLORINE FED: 351.5 LBS, CALCULATED CONCENTRATION: 1.2 MG/L
FLUORIDE FED: 1Q7-0 LBS. CALCULATED CONCENTRATION: 0.25 MG/L
' WATER QUALITY'
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY
UNSATISFACTORY (EXPLAIN
FLUORIDE: 2 SAMPLE(S) TAKEN CONCENTRATION: 1.02 MG/L
1MAINTENANCE1
NUMBER OF METERS REPLACED: 3
NUMBER OF LEAKS OR BREAKS REPAIRED: 1
( NEW CUSTOMERS (
IIIRESIDENTIAL 39 COMMERCIAL INDUSTRIAL/GOVERNMENTAL
COMMENTS
Watermain improvement on north and south side started. U.S.E.P.A. samples taken
T.nngfnrd T.akPs .watermain put on line
I
yo .46(4
S UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrat r
From: Joe Wywrot, City Engineer V
Subject: City Hall Parking Lot—Change rder o. 1
Date: October 8, 2003
Attached find one copy of proposed Change Order No. 1 for the referenced project. This
change order, in the amount of a$1285.00 increase, is for replacing a light in the old city
hall parking lot.
A windstorm on July 27, 2003 blew down a large tree on Game Farm Road in front of City
Hall. The tree fell on and destroyed an existing parking lot light pole. Since the same type of
pole was specified for the new employee parking lot, we asked the parking lot contractor for
a unit price to replace the pole. We have a unit price for a pole and foundation for the new
parking lot ($1835.00), so the proposed unit price for just a pole seems reasonable.
Please place this item on the October 27, 2003 Public Works Committee agenda for
consideration.
•
•
110
• UNITED CITY OF YORKVILLE
Project: City Hall Parking Lot Change Order No 1
Contractor: S&K Excavating &Trucking, Inc. Date: 8-Oct-03
Address: 7225 Caton Farm Road
Yorkville, Illinois 60560
Awarded Adjusted
No. Item Quantity Quantity Difference Unit Unit Price Total Cost
26 Parking Lot Light Pole 0 1 1 EA $1,285.00 $1,285.00
Contract Award Amount: $82.899.66
Previous Changes: $0.00
New Contract Amount: $84,184.66
Reason for Change:
This item is for replacing one light in the front par ing lot that was destroyed during a wind storm on July 27, 2003.
Recommend for Approval: LJ Date: t a t '1(4 3
C. of Yorkville
Approved: Date:
S&K Excavating&Trucking, Inc.
Approved: Date:
City of Yorkville
•
FROM : S K EXCAVATING FRX NO, :
10:•eJ6t2003 O0:07 FA. 6305521411 Mix ryy4 ��y{{ Oct. 07 2003 11:13AM P2
fir--- _. • — ruvi t at Page No.. . of P�gee
S
R & R ELECTRICAL CONTRACTORS, INC.
166600 Miller Road
PLANO, ILLINOIS 60545
Aurora (701) 859.3848
PIsr. (706) 552.110A
,
~ DATE
[�1autrrio TO v /NONE c) }r
• (3 T1 1. L-L-- Piet. Al to LI ,r
-
i CY. Si t AND Cr Coot CO LOCATION
r
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V8 hereby submit speciticstions bac estims:es br
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Of itii<trI10B¢ hereby to furnish material and labor —complete in accordance with stJovs SOat:ifiefti0tts,for semstel:
—1W" Nta •Ls� el; " FIV ouars($ 17.415 ' ---.)
Payfrars to be . as ie ort=
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dee co $rims oro satlafactorr and ate horsey soapieo. Vou are eythoriaad Siar'°tut°
to do sae..o a<op spotWret tosyntentwN be malt ss outlined/bow
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Stratum _.. - — --- _--_. .._. E
P to
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrator
From: Joe Wywrot, City Engineer
Subject: Grande Reserve—Plat of Ease nt
Date: October 21, 2003
Attached find one copy of a proposed plat of easement for the Grande Reserve development.
This easement is for the city sanitary sewer and Com Ed electric line to serve the Well No.
8, the new water tower, and the water treatment facility. I don't feel that the City Engineer
Certificate is applicable for this document; it should be deleted or crossed out before the
easement is recorded.
Please place this item on th ublic Works Committee agenda of Oct 27, 2003 for
consideration.
61,,)71:71 l'74)
. /4,
•
• Cc: D er, City Attorney
OWNERSHIP CERTIFICATE
P.I.N.: 02-11-400-005
STATE OF_Lien o,o ) • P.I.N.: 02-11-300-005
)s.s. .
COUNTY OF OvPrs" _)
THIS IS TO CERTIFY THAT
MPI•A N-rhwlk (Pnfr& GLC AN IUJNOIS
CORPORATION, IS THE FEE SIMPLE OWNER OF THE PROPERTY DESCRIBED IN THE
THE
GOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE SAME TO BE
TED,AND PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES
SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE,AND DOES
Y ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE
THEREON INDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON
THIS PLAT FOR THOROUGHFARES,STREETS.ALLEYS AND PUBLIC SERVICES; AND
HEREBY ALSO RESERVES FOR ANY ELECTRIC,GAS. TELEPHONE,CABLE TV OR
OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WTH THE
UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS,THE EASEMENT
PROVISIONS WHICH ARE STATED HEREON.
DATED AT (#.rr R,4— 7/mis THIS CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS ) SCALE: 1" =100'
S.S.
_r DAY OF !]-#nr _._,20 Off. COUNTY OF KENDALL) - �' -Y
100 50 0 100
-______ \ I,JOE WYWROT, OTY ENGINEER FOR THE UNITED CITY OF YORKVILLE,DO
�� • HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR
MPI-2 YORKVILLE CENTRAL LLC.AN ILLINOIS UNITED LIABILITY COMPANY \' = -_ . TME REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE
CORPORATION NAME ���,\; COMPLETION OF ALL REQUIRED IMPROVEMENTS.
DATED AT YORKVILLE,ILLINOIS THIS DAY OF_ 2003.
686O .r/. FrcvrocA Rd cve /£230
ADDRESS
&. r RIA(IO€ TL 6rga� , 4 CITY ENGINEER
.------
------ CITY COUNCIL CERTIFICATE
STATE OF ILLINOIS )
)S.S.
/ -- COUNTY OF KENDALL)
I
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED
G "kv,LeCITY OF YORKVILLE.ILLINOIS. THIS DAY OF 20_�
Y. ,..-----....,_....4----V
ARTHUR C.ZWFMKF
PRESIDENT
' MAYOR
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
•CRETARY )S.S.
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED
CITY OF YORKNLLE,ILLINOIS.BY ORDINANCE No.
j� _,_
AT A MEETING HELD THIS DAY OF -20_
W /i/
OTARY CERTIFICATE 04" 1f
'
O 4p�/�
11 i3 CITY CLERK
"ATE OF .PI-�u.-.+.� ) OS "yh/ /, _ _
)LINTY OF D...P.� )) SS "' / /� COUNTY CLERK'S CERTIFICATE
/r' STATE OF ILLINOIS )
Th Q- h-�4/— A NOTARY PUBLIC IN AND FOR THE y )S.S.
'UNIT AND STATE AFORESAID,DO HEREBY CERTIFY THAT COUNTY OF KENDALL)
8 90I00N I, COUNTY CLERK OF KENDALL COUNTY,
n C•�j.-.'-,..A,A_ AND pp 25.55ILLINOIS, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL
oh TAXES, NO UNPAID CURRENT TAXES,NO UNPAID FORFEITED TAXES, AND NO
_ REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED IN THE PLAT
RSONALLY KNOWN TO ME TO BE THE PRESIDENT AND SECRETARY OF MPI-2 _Pop - HEREIN DRAWN. I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY
RKVLLE CENTRAL LLC.AN WOOS LAW77EO IABTLTTY COMPANY,As SI70WM O FEES IN CONNECTION WITH THE PLAT HEREIN DRAWN.
OVE,APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH Z GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE,
FICERS,THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND CAUSED THE
RPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT
D AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION,FOR THE USES ILLINOIS, THIS____DAY OF _ 20_,
D PURPOSES THEREIN SET FORTH.
EN UNDER MY HAND AND NOTARIAL SEAL THIS /'' DAY OF ,_
L�.-G, - 2003 STATE OF ILLINOIS ) COUNTY CLERK
)S.S.
COUNTY OF Du PAGE)
WE,MIDWEST TECHNICAL CONSULTANTS,INC., PROFESSIONAL
n-_',,y Q DESIGN FIRM-LAND SURVEYING CORPORATION No.1B4-002917,
`i NOTARY PUBLIC DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON WAS
PREPARED FROM EXISTING PLATS AND RECORDS AND THAT SAID
PLAT IS A TRUE AND CORRECT REPRESENTATION THEREOF. ALL
DIMENSIONS SHOWN IN FEET AND DECIMAL PART THEREOF.
"OFFICIAL SEAL" - GIVEN UNDER MY HAND AND SEAL IN NAPERVILLE. ILLINOIS, THI
MARGARITA.SEAL"
UDEK BTH DAY OF OCTOBER,AD., 2003. SSELIw,Oty.
NOTARY POSLICEwiSTATE OFILLNOM1 / / II'< PJ STATE 15 H
MY CoIIrllbsan Eapnes pBQFJJO'.M ; J/J�//..+GF
ACINOUS
PROFESSIONAL
____—_ LAND SURVEYOR
RUSSELL W. OLSEN. P.L.S./2718 No.03s00n1S
AREA OF EASE LICEE NSEE))1F-- T- 11/30/2004 41PERVBiE0.
36,160 SQ. F' o.BRUCAE4
0.8301 AC. __ '"
STATE OF v
` ILLNOS
BRUCE A.BRUCKELME,YER„P.L.S #2456 z PROF
N ESURVEYYOR
PRESIDENT NO 03S-002456
LICENSE EXPIRES 11/30/2004
44 ILL*-•‘‘.
SHEET 1
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• CO).
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United City of Yorkville
County Seat of Kendall County
EST. 1836
y 800 Game Farm Road
rte_.
,c t CO Yorkville,Illinois 60560
O P , O Phone:630-553-4350
I. ,,,, )= Fax:630-553-7575
+Pk L E `vv
To: Joe Besco, Chairman
From: Eric Dhuse,Public Works
Date: October 20, 2003
Re: Yard Waste Collecto r
Joe,
• Proposals were opened for a large yard waste collection system on October 3,2003.
Standard Equipment of Chicago was the only bidder. With options,the proposed price
was $35,557.00. This was what we expected, and budgeted for in the Public Works
Capital line item. I would ask that this be placed on the Public Works agenda for October
27, 2003 meeting for discussion and recommendation. If you have any questions,please
call me. Q
PIP'
(°/ �( fr ts
s" 0a
�� 110 _ d rk 7 0 "L'3
Cc: Art Prochaska,Mayor
Tony Graff,Administrator
Traci Pleckham, Finance Director
•
• UNITED CITY OF YORKVILLE
BID PROPOSAL SHEET
STANDARD EQUIPMENT COMPANY proposes to furnish the United City of Yorkville
with (1) trailer mounted yard waste collector in accordance with the published
specifications.
EQUIPMENT BEING PROPOSED:
Tarrant 30 yard Big "T" Vac unit as specified $30,760.00
LESS Trade-in allowance $0.00
TOTAL BID PRICE $30,760.00
OPTIONAL EQUIPMENT:
Dust reduction collection box with wash down $3,360.00
Fluid Coupler (I.L.O. auto clutch) $1,437.00
411
Please note that delivery of this unit will be made 90-120 days after receipt of order.
BIDDER: STANDARD EQUIPMENT COMPANY
2033 W. WALNUT
CHICAGO, ILLINOIS 60612
(312)829-1919
SEPH DONLON, SALES MANAGER
DA SIGNED
•
411 TARCO® Self-Contained Leaf Loader
Self-Contained TM-1 Trailer Mounted Leaf Collector
s i i: +f. 3 ? A.b �£: i
7 Y
'S�y�]�� sl
"
IModel Vacuum Power Unit Collection Box Vacuum Assembly Trailer
• TM-1 • Deere 4045D 80 HP • Collection Box Sizes • 12",16",or 18" • Variety of axle assemblies,
Diesel Engine available—14, 17, diameter for leaf 12,000#Tandem Axles.
• Murphy Control System 20,25, 30 cubic collection hose. 18,000#Tandem Axles.
• 33"Diameter Impeller yards. 20,000#Tandem Axles.
• Impeller blades 3/8" • Hydraulic boom 24,000# Dual Tired Tandem
thick T-1 steel. • Box Construction: 12 for suction hose Axles.
• Slip-in 1/4"thick AR steel gauges sides&ends, control and • Radial Tires on all axle
liners. 3/16"thick floor. support. assemblies.
• Power Band Belt Driven • Electric Brakes with safety
Suction Impeller • Hydraulic under body • 2 way,4way, and breakaway.
• Industrial PTO hoist,single&dual 6 axis hydraulic • ICC Lighting Package with
• 30 Gallon Fuel Tank cylinder available. boom assemblies slow moving Warning Lights.
• Optional engine sizes Hoist is double- available. • Adjustable Pintle Eye Hitch.
available,please contact acting. • Manual Parking Jack.
factory. • High volume and Optional hydraulic parking
• Optional fluid coupler • Top hinged spring high vacuum jack.
available on both units. compensated rear nozzles available.
Drastic reduction in PTO door or side hinged
maintenance. rear doors.
FEATURES:
• Self-Contained Models incorporate vacuum assembly and collection box on a single trailer.
• 33" diameter high compaction suction impeller combined with channel reinforced collection box.
• Hopper capacities of 14 - 30 cubic yards
•Manufactured By: SOLD AND SERVICED BY
Tarrant Manufacturing Company, Inc.
225 Excelsior Avenue
Ckl
Saratoga Springs, New York 12866 irAND6RDI
Phone: 518-584-4400 Fax: 518-584-6630 vEQUIPMENT COMPANY
www.tarrantmfg.com e mail: info@tarrantmfg.com 2033 WEST WALNUT STREET.CHICAGO.,L 606t2
F Tarrant Manufacturing Co.,
312829-1919.900,533-2997•FAX:312829.6142
pc0-441
• UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrat r ,\ \
From: Joe Wywrot, City Engineer
Subject: Greenbriar/Walsh Stop Signs
Date: October 21, 2003
We have conducted traffic counts at this intersection to determine if multi-way stop control
is warranted. The MUTCD lists several factors that may warrant multi-way stop control.
Those include vehicle and pedestrian volumes, accidents, speed of traffic, conflicting turn
movements, and sight distances. For this intersection, the only apparent criteria that may
apply is traffic volume. To warrant multi-way stop control, the total traffic entering the
intersection from the major street(in this case Walsh Drive) exceeds 300 vehicles per hour
for any 8 hours of the day while the total traffic from the minor street(Greenbriar Road)
exceeds 200 vehicles per hour for those same 8 hours. The highest hourly count on Walsh
Drive was only 133 vehicles, and that was for only one hour of the day. The highest hourly
count on Greenbriar Road was about 90 vehicles, and that was only for one hour of the day.
Based on the results of the traffic counts,multi-stop traffic signals are not warranted at this
intersection.
Please place this item on th " • - - ' _ . as is', -e a:en. - . October 27, 2003 for
• discussion.
'/ /
Q'
• Cc: Harold Martin, Chief of Police
• Traffic Counts
Greenbriar Road (Westbound approaching Walsh Drive)
Date of Count: 9/30/03- 10/02/03
Greenbriar Road
Westbound Hourly
approaching Walsh Average
Time Day 1 Day 2 Time
9-10AM 29 40 34.5 9-10AM
10-11AM 30 37 33.5 10-11AM
11-12Noon 42 38 40 11-12Noon
12-1 PM 36 45 40.5 12-1 PM
1-2PM 33 28 30.5 1-2PM
2-3PM 39 35 37 2-3PM
3-4PM 51 55 53 3-4PM
4-5PM 65 73 69 4-5PM
5-6PM 91 89 90 5-6PM
6-7PM 71 78 74.5 6-7PM
7-8PM 57 51 54 7-8PM
• 8-9PM 46 46 46 8-9PM
9-10PM 27 23 25 9-10PM
10-11 PM 14 12 13 10-11 PM
11-12AM 6 6 6 11-12AM
12-1AM 4 2 3 12-1AM
1-2AM 2 2 2 1-2AM
2-3AM 2 0 1 2-3AM
3-4AM 0 0 0 3-4AM
4-5AM 2 2 2 4-5AM
5-6AM 1 2 1.5 5-6AM
6-7AM 8 4 6 6-7AM
7-8AM 30 28 29 7-8AM
8-9AM 28 33 30.5 8-9AM
Daily Counts: 714 729
•
• 0 •
TRAFFIC COUNT
Walsh Drive @ Greenbriar Road
Date of Count: 9/30/03- 10/02/03
Walsh Drive
Total AVG
Northbound Hourly Southbound Hourly
approaching Average approaching Greenbriar Average N/B& S/B
Time Day 1 Day 2 Day 1 Day 2 Time
1-2PM 20 9 14.5 38 34 36 50.5 1-2PM
2-3PM 17 23 20 43 65 54 74 2-3PM
3-4PM 14 18 16 45 48 46.5 62.5 3-4PM
4-5PM 38 17 27.5 61 57 59 86.5 4-5PM
5-6PM 30 21 25.5 84 46 65 90.5 5-6PM
6-7PM 26 22 24 68 61 64.5 88.5 6-7PM
7-8PM 5 16 10.5 50 41 45.5 56 7-8PM
8-9PM 9 12 10.5 32 31 31.5 42 8-9PM
9-10PM 12 7 9.5 20 14 17 26.5 9-10PM
10-11 PM 5 1 3 9 8 8.5 11.5 10-11 PM
11-12AM 5 0 2.5 4 4 4 6.5 11-12AM
12-1AM 6 0 3 4 0 2 5 12-1AM
1-2AM 0 0 0 5 5 5 5 1-2AM
2-3AM 0 1 0.5 1 0 0.5 1 2-3AM
3-4AM 1 1 1 4 2 3 4 3-4AM
4-5AM 1 2 1.5 11 12 11.5 13 4-5AM
5-6AM 6 28 17 41 42 41.5 58.5 5-6AM
6-7PM 19 21 20 77 80 78.5 98.5 6-7PM
7-8AM 30 12 21 110 115 112.5 133.5 7-8AM
8-9AM 24 12 18 55 63 59 77 8-9AM
9-10AM 12 20 16 36 43 39.5 55.5 9-10AM
10-11AM 10 17 13.5 59 41 50 63.5 10-11AM
11-12Noon 16 21 18.5 37 79 58 76.5 11-12Noon
12-1 PM 12 21 16.5 36 69 52.5 69 12-1 PM
Daily Counts: 318 302 930 960
4 Yorkville Police Department Offense Report - September 2003
:,
,
. �� g1 �ommymi5 .00.-4.,:o.a .off oto%,w Etitof 1 pi ,ildirigrj i� . € � 3 � p
vina
a, Assault ....Arson 0 0 0 0 0 0 0 0 0 0 0 0 `0 0
1 1 2 0 0 0 0 Mill 1 0 0 0 1 4
Battery 7 9 6 6 8 IIMIIIMI9 MI 8 8 6 6 59
Burglary 7 18 9 18 76 � 9 48
Cannabis Offenses _____ 2 2 NM 0 1
�� 1 3 4 18
Controlled Substance Offenses 1 0 0
1 0 0 0 0 0 0 0 0 2 2
Crimes Involving Children 1 3 3 4 2 0 4 1 0 0 4 2 20
Criminal 15 46 23 9 10 10 m��� � 11 10 92
Deceptive Practices 1 2 9 7 2 0 � 1 7 34
Drug Paraphernalia Offenses 1 MN 3 1 111111111111111 1 MIEll 0 1 NEE" 3 12
Firearms Offenses 0 0 0 0 0 0 0 0 0 0 0 0 0 0
GamblingOffenses
0 0 0 0 0 0 0 0 0 0 0 0 0 0
Kidnapping 1 =MI
�5 F�aa'�p'�€3es� � ���''"�� q�v s.g•$.,;.�¢��L ,�$,��, y a�at}��� € �n 00 2 0 0 0 0 2
. ...
Liquor Offenses 0 MIIIIIIIII0 0 1 0nil 0 6111 0 18
Murder 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Sex Offenses 0 0 0 1 0 0 0 0 0 0 0 1 0
Theft 7 9 13 10 6 4 10 4 8 8 1
67
All Other Criminal Offenses 18 14 16 17 13 18 20 15 21 0
ift. � ?, ,�� 3 �: ''� ® � �, r� morn NM 13 10 132
Em
rpm ran ripirc rosysmrfi
mg
Under The Influence 4 9 6 8 7 10 0 � 0 0 48
License/Registration Violations 38 man 36 18 33 41 36 27
�� 70 25 365
Seatbelt Citations 26 6
arm1 9 NMI 9MIIIIIIIIIIII10 NMI 36 17 157
Seatbelt Warnings 10 MEIN 0 9 8 8 0 INOIIIIIIIIIIIIIIIIIIMIIIIIIIIII 13 110
Speeding Citations 71 11110111Mill 16 31 39 39 26 20 23 273
Speeding Warnings 57Mal 36 19 44 64
�� � 0 0 MIIMIIIIIIIII33 305
Transportation of Alcohol 2
1111.111
:. ... ... Milan
�. !; 2... : 0 . �
0
! , 0�x �
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0
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0
.n
8 Motor Vehicle 59 � 20 36 39 ���I 22 307 7Totil,titnIsee1x 1 � R2 �V1 u�� 010a 8 . � b� . h .51 �s..:� � . m , � .� 5 et1 • r�-. ,
1x
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Tp A M i SCI„�, lR# xpixForm, � �� xatft ,x. ,:. � _ tv �: Cx ,�. « 'x �a 4%w. �''5ed1 _ ,1 �niko,s p� + 411i-:1, .,•..,..w.,:
. � x t�«fi�Ei«�K��8a x� v� : �x=:...xx : w : �xx:� g x ... ....a. �,.g.x . � « :a_ � ,a;, xxxr< x�xxx � �s- ..&r..�. �_� � g „� .�: � �� � ��.tal ttt ..1r _n S<�s$uetx �x . :las �.iJ% xZ � g ,.44x itw , : F, , . .! r . , 4 .� 1. �,' ;
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85
;20
< 14' x4m " d :16].;,::-01 � ,a ::� t� y F �:, 4 x, [IanN10 ! �° runic] �rI monHit and Run Accident 221 3
1 3 011110111.00...11111111= 20
Property Damage Accident 26 21 24 23 =IBM
14 19 25 18 179
Personal Injury Accident 1 3 4
...... ,::. ......,.....r . .x x ." . ..:r...,. ..... .. 5 .....
0 .u.:...' 2
1W 32
..... �IptalACcidentSTkeni� EO5MM$2pxx1x�qq R. d0 El9xx.N103: 1 fie 141� t:ohYa & €dp:fl 1nM111 € Y ,� 3xxxM$ u mfl no*.Obariiiili
tnMyli 111'i*
Yorkville Police Department Manhour Report - September 2003
ccidents 21.50 21.37 26.05 13.80 16.00 16.75 21.75 9.75 18.02 21.92 18.52 21.25 20.25 164.21
ldministrative Activity 436.83 650.83 502.75 326.80 432.67 316.42 354.65 293.67 271.07 346.08 415.17 330.25 385.27 3,145.25
mimal Complaints 3.92 3.17 3.25 2.33 2.50 4.75 3.92 2.08 9.83 5.42 9.70 2.75 6.00 46.95
krrest Activity 26.92 15.42 20.98 21.67 21.82 24.63 26.58 35.33 20.33 37.75 41.75 28.08 19.17 255.44
,ssist Agencies 128.47 110.03 109.68 98.48 115.82 125.00 106.42 109.42 132.60 126.06 154.75 170.27 148.88 1,189.22
'ommunity Relations _ 42.33 41.28 42.75 42.58 27.50 25.42 37.58 30.87 64.50 46.67 85.92 94.42 61.33 474.21
repartmental Duties 64.75 74.75 74.58 89.43 87.58 97.08 72.08 87.00 77.83 80.73 79.08 92.98 77.22 751.58
wvestigations 90.77 143.33 106.75 142.92 116.87 89.42 100.50 45.08 99.25 112.08 89.25 50.42 116.27 819.14
rrdinance/Traffic Violations 75.58 66.98 71.07 83.78 63.10 86.82 63.33 84.00 69.15 58.22 46.00 64.42 72.88 607.92
ersonnel Activity 409.75 618.25 649.75 698.58 466.35 344.30 434.97 516.75 427.25 527.93 614.07 464.57 597.57 4,393.76
reventive Patrol 626.62 541.97 550.83 585.83 520.33 558.52 622.80 688.13 718.98 626.83 789.57 952.50 774.12 6,251.78
ublic Complaints 57.35 45.28 45.03 44.17 36.13 40.33 51.95 63.67 64.33 62.77 84.43 99.75 63.98 567.34
ublic Services 35.30 39.20 20.58 34.38 35.67 31.33 36.75 28.75 33.08 28.67 38.67 30.75 49.67 313.34
eport Activity 148.50 174.83 139.78 129.33 177.33, 114.73 143.75 172.90 119.58 131.50 156.83 189.25 161.82 1,367.69
chool Activity 159.58 218.08 147.08 174.75 230.08 192.83 252.75 166.33 213.00 61.75 4.75 74.83 226.08 1,422.40
raffic Activity 251.70 226.50 301.58 328.58 309.17 287.98 257.50 241.33 252.75 212.75 216.30 267.33 250.83 2,295.94
raining 261.75 274.92 160.20 19.17 127.83 102.33 128.08 290.42 333.08 164.00 241.08 102.6 110.07 1,599.56
01,1r! s<. i ?t: . 4., ''r :;:021/- ,,,: r z' 0: •sag 'l 3>U, .L ±gair ,,e4$
hief 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,559.97
PAT Officer 173.33 173.33 173.331 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,559.97
rossing Guards(In Days) 38.25 47.00 36.00 32.00 38.00 33.50 34.00 32.00 40.50 8.00 0.00 8.00 42.00 236.00
ieutenant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,559.97
ifice Supervisor 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,559.97
ecords Clerks 283.33 296.33 270.33 263.33 278.83 276.08 302.83 297.83 290.58 277.08 177.33 182.33 266.83 2,349.72
u , n• - : s= ,. 1 4 U ' i5 5 9 0'::4 M :, .-P01
�'.� �" �S�ti!�5�� �b�:1�5; �s-r��,.#48g414, ����:� mom .,,�4��51 p �,�8� i6�� �-0�,��:,�:.� F�.�:�� „A. ��.. � ..�� �� ,� .��.,`��, ,.��, ,�,.
Yorkville Police Department - Overtime Manhour Utilization Report - September 29, 2003
Date ;. :,:Court
Training
Relief 'betails •l�dmn
'�merg Invest ;; tom Sery Full 7ime`, Part.Time
05/17/03 5 9.5 1.5 6
0 5.5 9 36.5 102
05/31/03 8 9 6 43.5 1.5 0 • 25.5 3 96.5 85.5
66/14/6-3- 6 0 6 11 29 0 14 6 72 64
_06/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 84.5
07/12/03 6 0 0 4 0 0 8.75 0 18.75 177.5
07/26/03 6 26 6 3.5 4 0 15.5 2 63 162.5
08/09/03 7 2 13, 0 3 0 21 0 46 196.75_
_08/23/03 4.5 7.5 0 0 11.5 0 14.25 2 39.75 180.75
09/06/03 6 0 7 62.25 2 0 8.5 6.5 92.25 178.5
09/20_/03 3 0 I 0 6.5 0 0 12.5 6.5 28.5 164.5
10/04/03
10/18/03 0
11/01/03 0
_11/15 03
_ 0
11/29/03 • 0
12/13/6 , 0
_12/27/0i I 0
01/10/04 r 00
01, 24L04 1
02/07 04 0
02 21 04 0
03/06/04 0o
0 /20J04
-04/p3/04 0
04/17/04 0
05/01/04 -
0
FY03-04
.Court Training : Relief Details Admin5,,•:' .;:i•Emerg;•• •'Invest•' Corn Sery ••Full•Time Part Time'
Totals ,.60.00 54.00 .;?:•40.25,.•,,,:. 136.75 ••••1.F53.;000.3.' !0.00 138.00 ::35.00.: 517.00 : '517.00 :
Percents 12% 10% 8% ''26% 10% ;•0% :':27% ': ;•••:,:•:'!•!:7°A):!).••.!:15 •-•,•;:::,‘,100%:•i- '•N/A-
Average •: 6.00 .;5.40 ,4.03 1'3.68 •;'i;5.30 . i ., :: .0 00 ,; , .;13.80 ..'..:::.' ,3.50-::'...,,.,!1 :,:!''19.88.
�. --::19.88.'.
LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION
•FY02-03 Court Training ::'Relief ;Details AdMini: Emerg: Invest Corn Sery i'.Full Time' Part Time
Total Hours 100.25 154:75 >557:5 .232.75 :113 •!..1..i:',.;4.6:!:.:,;::,.••::'. 488.75 ',..i. 130.5•,::: n=1793.5 =1824.
Percents 6% :9% 31% 13%:; r `'6% ='1% :27% . `:'7% :100% ;: : N/A
•Averages `3.86 . ` 5:95 •21.44 -:..8.95 :'-.::-.:::')4:35:) ..:. a 0 62 ;,. : '1.8.80 5.02 !' •'.94.25 ''''.70.1.5.):.:
Prepared by Molly Batterson 9/29/2003 Page 1
Yorkville Police Department - Overtime Manhour Utilization Report - October 4, 2003
Date .. ::,' Court-: I.,Training .:.:,Relief' ",Details'-:: -'1';'„.Admin,,,.:. .--Emer .. . :Invest . Corn Servi-:FUll Time. ,Part Time
0 1..' •P' '''I - .
05/17/03 5 9.5 1.5 60 5.5 9 36.5 102
05/31/03 8 9 6 43.5 1.5 0 25.5 3 96.5 85.5
06/14/03 6 0 6 11 29 0 14 6 72 64
66/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 84.5
07112/03 6 0 0 4 0 0 8.75 0 18.75 177.5
67/26 P/ 6 26 6 3.5 4 6 15.5 2 63 162.5
08/09/03- 7 2 13 0 3 0 21 0 46 196.75
08/23/03 4.5 7.5 0 a 11.5 0 14.25 2 39.75 180.75
69/06/03 6 0 7 62.25 2 0 8.5 6.5 92.25 178.5
.,:-.091016 3 0 0 6.5 0 0 12.5 6.5 28.5 164.5
100-4/03 6 20 0 0 0 00 3.25 13 42.25 121
-ii
10/Woi-
o/o1/0j--iiMI 0
-ii/ii/O3
o 71.-4/6i
1.11111 1111111111111 0
1;11.3/03
0
12/27/03
0
01L.10/04 11111111
rilm1111111111111110
61/24/04
0
_.... _
-02/07/04
0
02/21/04
0
03/06/04
0
-63/2o1p4
0
64/4/04
MI= 0
04/17 04
0
05/01/04
0
FY03-04 . . .Court Training . Relief . Details s• Admin., -',Emerg, ' Invest . Corn Sery .Full Time , Part Time
Totals ,. .. ... 66.00 . -74.00 . 40.25 -.136.75 . : 53.00 -. -.0.00-:- '141.25 48.00 '-. .-P, 559.25 .. .... .559.25
Percents ..'..d 12%. . ' 13% ' ..2.,7%-. -....24%.:,.. ..,•,'.9%•z ‘,.- .0%-: • . -25% . 9% . -- .', '100%. . .' N/A. ..
Average • - . 6.00 • .. .. 6.73 .. . 3.66 - .. ,: 12.43- •.'.•,...4.82 '-.4'...0.00: ',.. c 12.84... .. . 4.36 - • 21.51 - .. . 21.51
LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION
FY02-03 . Court • Training . Relief - Details , Admin:. .. ,,.,'Ernerg .' : Invest::.. Corn Sery . Full Time Part Time
Total Hours .100.25 ... 15475 .557.5 . 232.75, 0 -,113, : ..•:'-16 ...P.' 488.75 -:::13O5 . :.17935.::' .1793.5 '..1824
Percents . •6% . -. . 9% , •-: 31% 13% : 6% ..',...' 1% ' . 27% , .''' 7% - ,.....1000/0 i 9- N/A
Averages ....'.. 3.86 - ' 5.95 21.44•-• ' 8.95 ''.. -. 4.35..-: . '.. 0.62• . '“ 8.80 ::. • . 5.02 - 94.25. . '2, 70.15
Prepared by Molly Batterson 10/9/2003 Pape 1
Yorkville Police Department - Overtime Manhour Utilization Report - October 18, 2003
:- : Date " 'Court 'Training Relief Details Admin; ,Emerg ' Invest Com Sery ''Full`Time: :Part:.Time
05/17/03 5 9.5 1.5 6 0 0 5.5 9 36.5 102
05/31/03 8 06/14/03 6 9 0 43.5 I 1.5 0 25.5 3 96.5 85.5
6 11 29 0 14 6 72 64
06/28003 8.50 0.75 0 2 0 12.5 0 23.75 84.5
07/12/03 6 I 0 0 4 0 0 8.75 0 18.75 177.5
07/26/03 6 26 6 3.5 4 0 15.5 2
08/09/03 7 2 13 0 3 0 66 1 21 0 46 196.6. 5
�613/;3L93 4.5 7.575
0 0 11.5 0 14.25 2 39.75 180.75
09/06/03 6 0 7 62.25 2 0 8.5 6.5 92.2_5 178.5_
09_020/03 3 0 0 6.5 0 0 12.5 6.5 28.5 164.5
10/04/03 6 20 0 0 0 0 3.25 13 42.25 121
10/18/03 10 12 I 25 13.75 6 0 2.5 5.5 74.75 192.5
11/01/03
11/15/03 0
11/29/03 0
12/13/03 0
12/27/03 0
01/10/04 I 0
01/24/04 0
02/07/04 0
02/21/04 0
03/06/04 ^ 0
03/20/04 0
04/03/04 0
04/.17/04 0
05/01/04 0
FY03-04 Court Training 0
::•Relief
Detatis; Admin Emerg (_ '':Invest , Com'Sery ..Full Time -Part Time
Totals 76.00 ,186.00 :65.25 .:,::'.1.50•50 .:: 59 00 '0.00 143.75 :;:,;.53.50,.:•.. ,:',••:,634.00,:,- 634.00:
Percents 12%•` 14% 100/0 24% 9% 0% -"23% r.80/0 ':::1000/0N/A
`Average: ,. 6.33 ;:•:7.17 ::5.44=` 12.54 ,i;4I92 0.00 . :11.98 ``:4.46 5'':24.38 :24.38' :.•.
LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION
FY02-03 Court Training 'Relief
Details Admin Emerg Invest Com Sery Full Time Part Time
Total Hours 100.25 154 75 :557 5: 232.75; 1:13 [16 488:75 ;;130.5
::.Percents 6% 90/6.4W ;:!!ii!,=31% ' 13% 1 6% 1% 27% 7% 100% N/A
Averages ,.:3.86 5.95 .:.:;21441 ;8 95: :_. 4:35 •0:62
�:: 18►80 " °5:02 .i 94.25 �:70.15 -
Prcnnrorl h‘, NAnIhi Pofforcnn 1(1/')/1/')/111
ooin�� RGr OCTIi
172003
a.
1. r w
914 , lit f
v
D`'iDED IN 6
YORKVILLE POLICE DEPARTMENT
CHIEF OF POLICE 804 Game Farm Road Phone (630) 553-4340
Harold O.Martin III Yorkville,Illinois 60560 Fax(630) 553-1141
Date: October 8, 2003
To: Chief Harold O. Martin III
From: S/Sergeant Ron Diederich
Reference: Monthly Mileage Report
During the month of September 2003,the Yorkville Police Department logged a total of 15,916 miles. Individual
miles are:
Monthly , � �' , Reassign/
Squad Vehicle Squad Usage MilesReplace Date
M-1 2001 Ford Crown Victoria Patrol 2,473 ° 2004/2005
M-2 1996 Chevrolet Caprice Admin. 691 �� $ -1i. 2004/2005
,
M-3 1998 Ford Crown Victoria Admin. 68 2003/2004
M-4 2002 Chevrolet Impala Patrol 1,807 ` 2005/2006����
M-5 1998 Ford Crown Victoria Admin. 297 • F 2003/2004
M-6 2003 Chevrolet Impala Chief 545 -e-frt - 2007/2008
M-7 2001 Ford Crown Victoria Patrol/Support 300 2004/2005
M-8 2004 Ford Crown Victoria Patrol 1,540 .....;;.;,'(i,"+:: , s 2007/2008
M-9 2000 Ford Crown Victoria Lieutenant 1,053 ° .; Ott- 2004/2005
M-10 1991 Ford Thunderbird DARE 492 : ri:::-,;tea;;
i' 2004/2005
M-11 2003 Ford Crown Victoria Patrol 1,161 i. 4M 2005/2006
M-12 1999 Ford Expedition Patrol/Support 873 1. ' ,,, 2009/2010
M-13 2001 Ford Crown Victoria K-9 1,035 - 2010/2011
,.... a ..
M-14 2003 Ford Crown Victoria Patrol 2,579 , , M 2005/2006
M-15 2004 Ford Crown Victoria Patrol 1,002 .i12, 2007/2008
`-�°circ
� Yorkville Police Department Incident Report Summary
-r""'""/ September 13, 2003 through October 18, 2003
112'4 iV
09-13-03 0404 031120 Theft from a Coin Operated Machine 1000 Blk. S.Bridge Street
Arrested offender was witnessed entering a soft drink vending machine and removing United States
Currency. Property valued at$197.
09-13-03 1955 031123 Traffic Arrest Route 47/Orange Street
Stopped vehicle for a traffic violation. Found the driver to have a suspended driver's license. Driver
arrested and transported to Kendall County Corrections.
09-13-03 2100 031125 Battery 1200 Blk.N.Bridge Street
Victim reported being struck in the face while in the parking lot at this business location.
09-23-03 Unk. 031127 Forgery 200 Blk.E.Van Emmon St.
Victim reported a refund check of$2485 taken and cashed without permission.
09-15-03 0703 031131 Traffic Arrest Rt.47/Landmark Avenue
Above subject was stopped and arrested for Driving While License Suspended.
09-15-03 0838 031132 Accident with Injuries Route 47/Corneils Road
Unit 1 was traveling northbound Route 47. Unit 1's trailer made Unit 1 lose control, going into the
ditch and rolling over. One car accident.
09-15-03 1210 031133 Disorderly Conduct. 1800 Blk.Marktview Drive
Subject in business location was becoming violent with employees. Subject was transported by
Bristol-Kendall EMS for drug intoxication.
09-17-03 1810 031134 Deceptive Practices 1300 Blk.Evergreen Lane
Victim stated his debit card was used without his permission via the Internet. Total losses valued at
$99.90 in unauthorized charges.
09-22-03 2300 031136 Domestic Situation 300 Blk.E.VanEmmon Rd.
A verbal altercation occurred between two adults. No arrests.
09-16-03 1615 031139 Warrant Arrest 100 Blk.Appletree Court
Subject arrested for a valid arrest warrant.
09-17-03 0945 031140 Insurance Fraud. 600 Blk.Veterans Parkway
Victim had her insurance information fraudulently used at an emergency room facility.
09-17-03 1615 031141 Criminal Damage to Vehicle 200 Blk. E.Center Street
Victim drove to Yorkville Police Department and stated her boyfriend kicked in the door of her
vehicle. This happened in the driveway of his residence during a verbal argument. Damage valued
at$100.
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Yorkville Police Department Incident Report Summary
September 13, 2003 through October 18, 2003
s
09-17-03 1952 031142 Accident with Injuries Route 34/McHugh Road
Unit 2 was eastbound on Route 34. Unit 1 was westbound on Route 34 and turned left to enter a
private driveway at 9316 Route 34. Unit 2's headlights were dim and fluctuating prior to collision.
Unit 1's front left corner struck Unit 2's left front corner. Unit 2 left the roadway and also struck a
utility pole. Driver 1 was issued a citation for failing to yield turning left. Driver 2 was issued a
citation for no headlights when required. All injured refused treatment at scene.
09-17-03 2147 031143 Traffic Arrest Route 47/VanEmmon St.
Stopped vehicle for traffic violations(loud exhaust, illegal lighting.) Driver was arrested for Driving
While License Suspended and issued an additional citation for no insurance.
09-18-03 0030 031144 Criminal Damage to Property 500 Blk.Martin Street
Victim stated a dark vehicle drove onto their property and struck their mailbox. Vehicle and driver
were later identified. No charges at this time. Damage valued at $150.
09-18-03 1410 031146 Assault 700 Blk. Arrowhead Drive
Two construction workers were yelling at each other and threatening to hit each other.
09-19-03 0920 031147 Retail Theft 2000 Blk. S.Bridge Street
Unknown subjects pumped gasoline and drove off without paying for it. Stolen was $22.59 worth of
gasoline.
09-19-03 1050 031148 Warrant Arrest Haley Court(Construction)
Subject was arrested and held on three warrant valid through the Aurora Police Department.
09-19-03 1115 031149 Retail Theft 200 Blk.Veterans Parkway
Juvenile was arrested at Jewel for stealing condoms. Juvenile booked and released to parent.
09-19-03 1808 031152 Traffic Arrest Route 47/Landmark Ave
Subject arrested for Driving While License Suspended and transported to Kendall County
Corrections.
09-19-03 2226 031154 Burglary to Motor Vehicle Yorkville High School Lot
Various stereo equipment was taken from victim's vehicle. Property valued at$950.
09-20-03 0433 031156 Traffic Arrest Route 47/Center Street
Subject arrested for Driving While License Suspended and transported to Kendall County
Corrections.
09-20-03 1100 031157 Burglary 1100 Blk. S.Bridge Street
Unknown person broke out a window in order to gain entry to the building. Three different
businesses located in the building were entered by forcing doors open. At time of report,unknown
what was taken, if anything.
2 of 8
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Yorkville Police Department Incident Report Summary
" o September 13, 2003 through October 18, 2003
S H o
09-20-03 1100 031158 Burglary 1100 Blk. S. Bridge Street
Unknown person broke out a window in order to gain entry to the building. Three different
businesses located in the building were entered by forcing doors open. At time of report, unknown
what was taken, if anything.
09-20-03 1100 031159 Burglary 1100 Blk. S.Bridge Street
Unknown person broke out a window in order to gain entry to the building. Three different
businesses located in the building were entered by forcing doors open. At time of report, unknown
what was taken, if anything.
09-21-03 0330 031161 Domestic Situation 1500 Blk. Stoneridge Court
Officer was dispatched to address for a verbal argument between two adults. No arrests.
09-21-03 0330 031162 Domestic Situation 400 Blk.E.Barberry Circle
Officer was dispatched to address for a verbal argument between two adults. No arrests.
09-21-03 1805 031163 Burglary from Motor Vehicle 900 Blk. Game Farm Road
Victim's wallet was removed from vehicle parked in parking lot. Vehicle was left unsecured.
Victim stated wallet contained$110 United States Currency.
09-22-03 1447 031168 Traffic Arrest Colonial Parkway/Rt 126
Subject was stopped and arrested for Driving While License Suspended.
09-22-03 1424 031169 Retail Theft 1800 Blk. Marketview Dr.
Subject bought higher priced mirror from store. Subject brought back a lower valued mirror with the
barcode sticker from higher priced mirror to the store and returned the merchandise for cash.
09-23-03 0010 031172 Traffic Arrest Route 47/Corneils Road
Vehicle stopped for speeding. Driver did not have a valid driver's license. Driver arrested for such.
09-25-03 1434 031181 Traffic Arrest/Warrant Arrest Route 47/Wheaton Drive
Subject stopped and arrested for Driving While License Suspended. A valid arrest warrant was also
served on the subject.
09-27-03 0006 031185 Traffic Arrest Route 71/Route 47
Vehicle was stopped for having a suspended registration. The driver had a suspended driver's
license. Subject was arrested and transported to Kendall County Corrections for booking
procedures.
3 of 8
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.ct9 carr
° Yorkville Police Department Incident Report Summary
ES"? September 13, 2003 through October 18, 2003
S.04,71,141.1-34,4
09-27-03 0850 031186 Accident with Injuries Route 47/Galena Road
Unit 1 northbound Route 47 at Galena Road. Unit 2 eastbound Galena Road at Route 47. Unit 2
had the right of way and entered the intersection. Unit 1 hit Unit 2. Unit 2 flipped over. Unit 2
Driver and passenger were extricated and transported to Copley with minor injuries. Driver and
passenger of Unit 1 were also transported and released. Ticket issued to Unit 1 driver for No Valid
Driver's License and Disobey Traffic Control Device.
09-27-03 1815 031188 Retail Theft 2000 Blk. S.Bridge Street
Subject pumped gasoline and drove off without paying for it. $17.98 worth of gasoline was taken.
09-28-03 0130 031190 Burglary 1200 Blk. N.Bridge Street
Police responded to business location for a burglary in progress. Suspects fled from scene upon
arrival. Description of suspects—two male/whites wearing dark clothing. Undisclosed amount
taken from scene.
09-27-03 2200 031191 Burglary 300 Blk E.Veterans Prkwy.
Subjects gained entry into the store by prying the back door. They then gained entry into the safe,
removing a large amount of United States Currency. Scene was processed by an evidence
technician. Pending investigation.
09-28-03 1230 031192 Domestic Situation 200 Blk. Dickson Court
Officer was dispatched to address for a verbal argument between two adults. No arrests.
09-29-03 0017 031193 Assist Bristol-Kendall Fire Department 1500 Blk.N.Bridge Street
Officer responded to business location to assist the fire department with an alarm and smoke coming
from a room. Officer gained entry to the room and found no occupants. A candle was left burning
on the whirlpool tub. Officer extinguished the fire and fire department cleared the room of the
smoke. Damage was done to the tub and north wall of the room.
09-29-03 0147 031194 Domestic Situation 120 Blk. Colonial Parkway
Officer was dispatched to address for a verbal domestic between two adults. No arrests.
09-29-03 0720 031195 Credit Card Fraud 2000 Blk. S. Bridge Street
$443.65 in unauthorized credit card charges were reported to the Yorkville Police. Victim stated the
card had not been stolen,however, felt someone got the number somehow to make the purchases.
09-29-03 2200 031201 Domestic Situation 100 Blk.W.Kendall Drive
Officer was dispatched to address for a verbal argument between two adults. No arrests.
09-30-03 2043 031206 Traffic Arrest Route 34/Marketview Drive
On above date and time, subject was stopped for not using turn signal and for improper lane usage.
Subject was found to have a suspended driver's license. Subject arrested and transported for such.
4 of 8
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440
'2 °` Yorkville Police Department Incident Report Summary
�`7 September 13, 2003 through October 18, 2003
449
09-30-03 2105 031207 Found Articles 1400 Blk.N.Bridge Street
Officers called to business location for a found license plate. Owner found and notified.
10-01-03 0218 031208 Domestic Situation 200 Blk.Center Parkway
Officers called to scene in reference to an ex-boyfriend hanging around the residence without
permission. Suspect gone on officers arrival.
10-02-03 1230 031212 Criminal Damage to Vehicle 100 Blk. Schoolhouse Road
A resident stated someone had keyed their car from quarter panel to quarter panel on both driver and
passenger sides. An obscenity had also been scratched into the hood of the vehicle. Damage
estimated at$500.
09-15-03 Unk 031214 Theft 700 Blk. N.Bridge Street
On 10-02-2003, it was reported that during the weekend of 09-15-2003, a Coca-Cola machine was
taken from a business location. Coca-Cola employees reported the theft after checking for the
machine with their company to make sure it was not moved and not reported to a sales
representative. Property valued at$1100.
10-02-03 2130 031215 Criminal Trespass to Land 700 Blk. S.State Street
Victim stated subject was still returning to property(not on scene upon arrival). Victim signed
trespass agreement against suspect.
10-02-03 2356 031216 Traffic Arrest Route 47/Hydraulic Avenue
Yorkville Police stopped a vehicle driven by the suspect. Subject was cited for Driving While
License Suspended and a warning for Failure to Signal Turn.
10-03-03 0310 031217 Traffic Arrest Route 47/Route 34
Officer stopped vehicle because the registered owner was revoked. Owner was driving and arrested
for Driving While License Revoked.
10-03-03 1315 031220 Domestic Trouble 200 Blk.E.Veterans Prkwy
Suspect found calling victim at work. No charges filed.
10-04-03 0310 031222 Unlawful Consumption by Minor 1500 Blk. Cottonwood Trail
Yorkville Police found subject asleep in his car on the 1500 Block of Cottonwood Trail. Subject
was arrested for Unlawful Consumption of Alcoholic Liquor and then transported to Kendall County
Corrections.
10-04-03 0753 031223 Traffic Arrest/Warrant Arrest Route 34/Game Farm Road
Subject stopped for speeding eastbound on Route 34 at Game Farm Road. Subject was driving
while their license was suspended and had no insurance. Driver also had a valid warrant for their
arrest out of Aurora Police Department for Failure To Appear—Possession of Drug Paraphernalia.
Subject transported to Kendall County Corrections and given three traffic citations.
5 of 8
Incident Report Summary- 031114 to 031277.doc
Yorkville Police Department Incident Report Summary
ES` 11 September 13, 2003 through October 18, 2003
10-05-03 0401 031224 Suspended License/Possession of Paraphernalia Walsh Drive/Rt. 71
Registered owner of vehicle was stopped for Driving While License Suspended. Driver and
passenger of vehicle were both arrested and charged for Possession of Drug Paraphernalia. Subjects
transported to Kendall County Corrections.
10-06-03 0117 031230 Traffic Stop/Warrant Arrest Route 71/Wing Road
During a traffic stop, it was found subject had a valid warrant for their arrest out of Kane County
(Theft). Subject was arrested by Yorkville Police and transported to Kendall County Corrections.
10-06-03 1303 031232 Warrant Arrest Yorkville High School
High School Resource Officer obtained information that a student had a warrant for their arrest.
Subject was taken into custody for said warrant.
10-06-03 1520 031233 Warrant Arrest 1000 Blk.N. Bridge Street
A warrant from Kendall County Juvenile Probation was obtained by Yorkville Officers. Officers
located and served the warrant on the juvenile subject.
10-07-03 2000 031237 Traffic Arrest Route 126/Mill Street
Yorkville Police stopped a vehicle being driven by the subject. The subject was issued a citation for
No Valid Driver's License and for Operation of Vehicle While Plates Suspended(Non-Insurance).
10-08-03 1140 031239 Domestic Situation 100 Blk.Appletree Court
Officer was dispatched to address for a verbal argument between two adults. No arrests.
10-08-03 1527 031240 Accident with Injuries Route 34/Center Parkway
Unit 1 went through a red light northbound Center Parkway. Unit 1 struck Unit 2. Unit 2 was
traveling westbound on Route 34. Debris from the crash struck Unit 3. Driver of Unit 1 issued
citation for Failure to Yield.
10-09-03 0500 031242 Retail Theft 2000 Blk. S.Bridge Street
Vehicle left business without paying for fuel. Stolen was $28.50 worth of fuel.
10-09-03 2222 031246 Criminal Damage to Property 1300 Blk. Cypress Lane
Two subjects (one 17 years of age,the other 16 years of age)were taken into custody for Criminal
Damage to Property. The two were using sling shots and broke a window of a residence located on
the 1300 Block of Cypress Lane.
10-09-03 2045 031247 Criminal Damage to Vehicle 100 Blk.East Orange Street
Vehicle was parked outside of residence. The rear passenger window was struck with a bb and
shattered as a result. Damage estimated at $700.
6 of 8
Incident Report Summary- 031114 to 031277.doc
Yorkville Police Department Incident Report Summary
El September 13, 2003 through October 18, 2003
til_M-)0
CE
10-10-03 0913 031248 Warrant Arrest 500 Blk.Countryside Pkwy.
Officer responded to location for a complaint. Upon arrival,it was found that the reporting person
had a warrant for their arrest. Subject was taken into custody for said warrant.
10-09-03 1510 031249 Mischievous Conduct. Yorkville High School
Two high school aged males threw a handful of plastic beads at and into the reporting person's
minivan. The beads caused no damage. Suspects fled the scene.
10-10-03 2332 031252 Driving While License Revoked Mill Street/Hydraulic Ave.
Secretary of State Records indicated the owner of a vehicle had a driver's license that had been
revoked. The owner was driving and was arrested/charged with such.
10-10-03 1800 031254 Theft 200 BIk. E.Cntryside Pkwy
Overnight, unknown person(s)removed two large flower pots (approximately three feet across).
Total estimated loss is $150.
10-11-03 1200 031256 Battery 1800 Blk. Marketview Dr
Victim was battered by suspect. Victim waited to contact police for approximately one hour.
Incident is currently under investigation.
10-12-03 0830 031258 Theft 400 Blk. Fairhaven Drive
A Happy Halloween lighted decoration valued at$15 was removed from the yard of the residence.
10-12-03 1155 031260 Theft 1100 Blk. Austin Drive
Two burning bush plants were taken from a construction site. Valued at$100 each.
10-13-03 Unk. 031262 Criminal Damage to Vehicle 400 BIk.Woodworth Street
Victim reported unknown subject(s)had teepeed their vehicle, thrown leaves on it and taped the
vehicle. The vehicle sustained scratches. Damage valued at $200,
10-13-03 1220 031263 Criminal Damage to Property 200 Blk.East Fox Street
Window of residence was damaged. Value of damage estimated at $300.
10-13-03 1230 031264 Credit Card Fraud 1400 Blk. N.Bridge Street
Victim stated$91.81 was charged on their credit card without permission. Pending investigation.
10-14-03 0741 031268 Accident with Injury Route 47/Elizabeth Street
Unit 3 was southbound Bridge Street(Route 47). Unit 2 was going northbound in the center lane.
Unit 1 pulled out into the center lane causing Unit 2 to go into the southbound lane. Unit 3 then
struck Unit 2.
7 of 8
Incident Report Summary- 031114 to 031277.doc
"-s Yorkville Police Department Incident Report Summary
= '' September 13, 2003 through October 18, 2003
10-14-03 Unk. 031272 Criminal Damage to Property 1100 Blk. S.Bridge Street
Victim reported a vehicle drove through a newly seeded area of his business, damaging emerging
grass. Damage valued at $150.
10-16-03 1400 031273 Battery Yorkville Middle School
Female juvenile sprayed a male juvenile with liquid glitter, getting it into his eyes. The male was
taken to the hospital to get his eyes flushed out. The school will handle the incident internally.
10-16-03 1830 031275 Domestic Situation Yorkville Police Dept.
Male subject came to the Yorkville Police Department to report his estranged wife had thrown
personal belongings at him while he was attempting to gather his personal belongings and leave the
residence. Male subject did not want to pursue charges.
10-17-03 1550 031276 Theft 500 Blk. Madison Street
A bicycle was taken from the residence yard. Property valued at $80.
' 10-17-03 1916 031277 Domestic Situation 100 Blk. Colonial Parkway
Officer was dispatched to address for a verbal argument between two adults. No arrests.
8 of 8
Incident Report Summary- 031114 to 031277.doc
4.1,13OCT 21 2003
0Yorkville Police Department Memorandum
804 Game Farm Road
Esti, 1836 Yorkville, Illinois 60560
Telephone: 630-553-4340
Fax: 630-553-1141
..., cwnly5eet
#1.4Kentle9Cov,ly
144E Vv
Date: October 21, 2003
To: Chief Harold O. Martin III
From: S/Sgt. Ron Diederich
Reference: Speed Trailer report for September
Chief
During the month of August, 2003 the Alpha Speed Trailer was deployed at the
following locations and times:
September 5 through September 8 McHugh Southbound at Spring St.
September 10 through September 13 Game Farm Rd. Northbound at the City Hall
September 16 through September 19 Fox St. Eastbound at State St. (citizen request)
September 23 through September 26 Center St. Eastbound at Church St. (citizen request)
September 30 through October 1 Mill St. Northbound at Orange St.
The trailer was in operation for 318 hours in September.
Respectfully,
S/Sgt. Ron Diederich
�� ,, o Yorkville Police Department Memorandum
ALL' 804 Game Farm Road
EST. ",. ISM Yorkville, Illinois 60560
Telephone: 630-553-4340
to rz,, Fax: 630-553-1141
Date: October 21, 2003
To: Chairman Larry Kot
Public Safety Committee `
From: Chief Harold Martin
Reference: Part-Time Police Officers
•
Larry, I am requesting permission from the Public Safety Committee to fill one current
vacancy in our approved strength of five (5) Part-Time Officers. I am also requesting
to fill a vacancy being opened up by Officer William Holman's retirement. Officer
Holman will be moving to Florida at the end of October 2003. We will be recognizing
Officer Holman for his service to the City on Tuesday, October 28th, 2003 at 7:00 p.m.
Thank you for your consideration in this matter.
Cc: Alderwoman Rose Spears
Alderman Paul James
Alderwoman Wanda O'Hare
Mayor Arthur Prochaska
City Administrator Anton Graff
Finance Director Traci Pleckham
PCS*-3
.40C'Ty
�2 R, o+ Yorkville Police Department Memorandum
„� 804 Game Farm Road
esr. '.!!----„:,,,_1836' Yorkville, Illinois 60560
x=xr
�;— Telephone: 630-553-4340
p . o Fax: 630-553-1141
Date: October 21, 2003
To: Chairman Larry Kot
Public Safety Committee
From: Chief Harold Martin
Reference: Server & Router
Larry, I am requesting permission from the Public Safety Committee to release a Router
& Server, and work station that is currently being used by the Yorkville High School.
The Server & Router, as well as the work station were purchased under a Federal Grant
with the School District as Partners. These items were used to facilitate our Web Page,
while be maintained by the High School. The grant has run four years and is closed
out. The School District is requesting that we transfer the Router & Server, as well as
the work station over to them as they can use them for other purposes. Thank you in
advance for your consideration in this matter.
Cc: Alderwoman Rose Spears
Alderman Paul James
Alderwoman Wanda O'Hare
Mayor Arthur Prochaska
City Administrator Anton Graff
Finance Director Traci Pleckham
10/30/2003 11:42 FAX 630 553 5764 DANIEL J. KRAMER 0004/018
-A-DM 4= I
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO:2003-
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CHECKING
ACCOUNT AT OLD SECOND NATIONAL FOR THE RECORDATION OF
DOCUMENTS
WHEREAS, the Clerk of the UNITED CITY OF YORKVILLE bears the responsibility
of processing,recording and filing documents internally and with other official registries.
WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE
acknowledge the need and desire of the City Clerk's Office to efficiently process and record
documents of the UNITED CITY OF YORKVILLE;
WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have
considered the request of City Clerk, Jacqueline Milschewski,to open a Checking Account at
Old Second National Bank for the recordation of City documents with the Kendall County
Recorder of Deeds or other official registries;
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
determined that it is in the best interest of the City to open such a Checking Account;
NOW THEREFORE BE IT RESOLVED by the UNITED CITY OF YORKVILLE,that
the UNITED CITY OF YORKVILLE shall hereby open a Checking Account at Old Second
National Bank and the signatories to said account shall be the Mayor,the honorable Arthur F.
Prochaska,Jr.,the City Clerk Jacqueline Milschewski and Deputy City Clerk.
10/30/2003 11 :42 FAX 630 553 5764 DANIEL J. KRAMER Q1005/018
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVE])by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
_day of , A.D.2003.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ,A.D. 2003.
Attest:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, Illinois 60560
708.553.9500
ILLINOIS MUNICIPAL LEAGUE
Risk Management Association --
Kenneth A.Alderson
Managing Director
October 17, 2003
Arthur F. Prochaska Jr., Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Dear Mayor Prochaska,
Thank you for continuing to be a member of the ILLINOIS MUNICIPAL LEAGUE RISK
MANAGEMENT ASSOCIATION. The IMLRMA has been meeting the risk management
needs of Illinois municipalities for 23 years and remains a leader in the industry by
providing the coverage municipalities need, such as General Liability, Workers'
Compensation, and Public Official's Liability. We are pleased to offer you the opportunity
to renew your coverage with the IMLRMA, effective 12/31/03-12/31/04. Enclosed, please
find the invoice for your 2004 renewal contribution.
As you may know, the landscape of the insurance marketplace has changed greatly after
the terrorist attacks of 9/11/01. Not only has the cost of reinsurance dramatically
increased, but many insurers have entirely withdrawn from the municipal marketplace.
Those that remain either do not offer a full range of products, or will attach exclusionary
language limiting specific exposures. The IMLRMA, with our buying power of over 700
members, has been able to hold the changes and increases to a minimum. This year, our
reinsurance treaties only include two coverage changes that currently affect your
municipality:
• Toxic Mold Exclusion: Any loss arising out of or due to toxic mold will not be
covered. This exclusion applies to all lines of coverage. Although the
IMLRMA has not had adverse loss history with toxic mold claims, our
reinsurers are seeing claims arise in Texas and other southern states and
have mandated this exclusion.
• Per Occurrence Property Limit: The program's property limit has been
amended to $250,000,000 each occurrence, all members. Therefore, the
most that will be paid for any single property occurrence, regardless of the
number of members affected, is $250,000,000. In the IMLRMA's 23-year
history, the largest single property occurrence has been less than
$1,200,000; therefore, based on our history, we believe the $250,000,000
limit is more than adequate.
I.M.L/RISK MANAGEMENT
TOWNE CENTRE BUILDING.THIRD FLOOR
DANVILLE.IL 61832
217/446-1089
B00/252-5051
Page 2
The Illinois Municipal League Risk Management Association is pleased to offer your
municipality the opportunity to save 2% of your annual contribution by simply mailing your
payment by November 14, 2003. To take advantage of this 2% reduction option, please
pay the "early contribution" amount listed on the invoice by November 14, 2003. If you
choose not to take advantage of this early renewal option, your "normal" contribution
payment should be made by December 12, 2003. As an alternative, you may pay 51% by
the due date and another 51% by June 14, 2004.
In order to ensure a smooth and efficient renewal, please complete and return the renewal
intent card (enclosed in the Risk Management Coordinator's packet) immediately. If you
have any questions concerning your contribution, the services available in the IMLRMA, or
if you would like a personal visit to discuss your coverages in detail, please contact
Lynn Hudson (ext. 1337) or Julia Reynolds (ext. 1199) at 1-800-252-5051.
Thank you again for making the Illinois Municipal League Risk Management Association
your choice for professional risk management services. Because of your support and
participation, the IMLRMA has grown to a record high of 709 members and now provides
coverage to over half of the municipalities in the state of Illinois. We believe this success
is attributed to fair claims handling, professional loss control services and extensive
coverages tailored specifically for the needs of Illinois municipalities. We are looking
forward to servicing your needs in the year 2004 and beyond.
Cordially yours,
Kenneth A. Alderson
Managing Director
P.S. Please remember to complete and return the enclosed postcard immediately.
c: Anton Graff, Risk Management Coordinator
Enclosures
Yorkville
( )
MINIMUM- MAXIMUM OPTION
December 31, 2003 —December 31, 2004 '
( )
C
Many of our members have found the Minimum - '
Maximum program to be very successful and we are ,
pleased to continue it in the year 2004. Please call us if you ,
would like additional information about the program or to
t confirm if the Minimum — Maximum option meets your
municipality's needs. '
If your municipality wishes to participate in this optional ,
program for this renewal period, the enclosed Minimum- ,
Maximum Agreement must be signed and returned by '
February 1, 2004. A final copy will be returned to your '
municipality. If the agreement has not been received, a bill ,
for the full 100% contribution will be mailed on March 1, '
C 2004 and due upon receipt.
( )
Our Early Renewal discount also applies to Minimum — '
Maximum Members. Payment should be made in full by '
November 14, 2003 if you will be taking advantage of the '
2% discount. If you choose not to take advantage of this '
early option, your contribution payment should be made by '
December 12, 2003. '
c
If you have any questions, please contact Julia ,
Reynolds(ext. 1199) or Bill Bloch(ext. 1220) at 1-800-252-
)
5051. '
IN ACCOUNT WITH THE
ILLINOIS MUNICIPAL LEAGUE
RISK MANAGEMENT ASSOCIATION
P.O. Box 5180, Springfield,Illinois 62705-5180
Date: October 17, 2003
Municipality: YORKVILLE
Renewal Contribution: Effective 12/31/2003 to 12/31/2004
Thank you for your participation in the Illinois Municipal League Risk Management Association. You are
a valued member of the association and we look forward to servicing your coverage needs in the year 2004.
Total Min/Max Contribution Due 12/12/2003: $115,388
MIN/MAXANNUAL PAYMENT EARLY PAYMENT OPTION:
OPTION:
Pay by: December 12, 2003 Pay by: November 14, 2003
❑ Min/Max Annual Payment $115,388 0 Min/Max Payment with 2%Discount $113,080
- OR- - OR-
❑ 51%of Min/Max Payment $58,848 0 51%of Min/Max Payment $57,671
51%Balance Due by June 14,2004 51%Balance Due by June 14, 2004
Make your check payable to: IML RISK MANAGEMENT ASSOCIATION
P.O. Box 5180
Springfield,IL 62705-5180
Yes, Our municipality will participate in the Minimum-Maximum Option in 2004.
(The Signed Agreement Must Be Returned By February 1,2004.)
No, Our municipality will not participate in the Minimum-Maximum Option in 2004.
Signature: Title: Date:
IF YOUR MUNICIPALITY OWES THE ILLINOIS MUNICIPAL LEAGUE AMOUNTS FOR SUCH THINGS AS
ANNUAL MEMBERSHIP DUES OR PUBLICATION FEES, YOU WILL NEED TO ISSUE A SEPARATE
CHECK FOR THESE AMOUNTS.
0500659 2004Invoice MM.doc
IN ACCOUNT WITH THE
ILLINOIS MUNICIPAL LEAGUE
RISK MANAGEMENT ASSOCIATION
P.O. Box 5180, Springfield,Illinois 62705-5180 - _ _
Date: October 17, 2003
Municipality: YORKVILLE
Renewal Contribution: Effective 12/31/2003 to 12/31/2004
Thank you for your participation in the Illinois Municipal League Risk Management Association. You are
a valued member of the association and we look forward to servicing your coverage needs in the year 2004.
Total Annual Contribution Due 12/12/2003: $134,799
•
ANNUAL PAYMENT OPTION: EARLY PAYMENT OPTION:
Pay by: December 12, 2003 Pay by: November 14,2003
❑ Annual Payment $134,799 0 Annual Payment with 2%Discount $132,103
-OR- - OR-
❑ 51%of Annual Payment $68,747 0 51%of Annual Payment $67,373
51%Balance Due by June 14,2004 51%Balance Due by June 14,2004
Make your check payable to: IML RISK MANAGEMENT ASSOCIATION
P.O. Box 5180
Springfield, IL 62705-5180
2004 CONTRIBUTION BREAKDOWN
TOTAL WC AL/CGL IM APD PROP
$134,799 $50,037 $70,622 $997 $4,712 $8,431
0500659
2004Imoice.doc
Set/Database: BILBRKMM/BRKBILL IMIJ MA BREAKDOWN WORKSHEET Date: 10/14/2003
Index: BBRKBILG BREAKDOWN YEAR 2003/2004 Time: 16:31:18
Report 'A' MINIMUM/MAXIMUM Page: 88
MUNICIPALITY: YORKVILLE CLIENT NUMBER: 0500659
PROPERTY IM APD
DEPARTMENT CODE PAYROLL MANUAL PREM VALUES VALUES VALUES TOTAL
COMMUNITY CENTER $0 $0 :12,.::371347$9803
f$552,43009
$0 $0 $1,183,378
ENGINEERING $0 $0 $0 $1,000 $1,000PUBLIC WORKS $0 $0 $552,439 $424,212 $3,024,144
RECREATION $0 $0 $0 $0 $53,562 $53,562
WATERWORKS OPERATION 7520 $113,505 $6,243 $0 $0 $0 $119,748
POLICEMEN and DRIVER 7720 $956,479 $34,433 $174,230 $114,912 $289,727 $1,569,781
LIBRARY: CLERICAL 88102 $132,578 $910,384 $0 $0 $1,043,492
ADMIN 88103 $267,089 $1!:$36413; $1,270,784 $0 $28,695 $1,567,636
CITY ATTORNEY 8820 $11,848 $0 $0 $0 $11,895
JANITORS 9015 $36,900 $1,310 $0 $0 $0 $38,210
PARK & RECREATION 91024 $349,885 $13,995 $309,360 $114,345 $249,637 $1,037,222
STREET MAINTENANCE 94020 $99,925 $8,594 $0 $0 $0 $108,519
SEWER MAINTENANCE 94021 $79,207 $6,812 $0 $0 $0 $86,019
MUNICIPAL EMPLOYEES 9410 $379,581 $12,147 $0 $0 SO $391,728
$2,426,997 $85,179 $5,895,629 $781,696 $1,046,833 $10,236,334
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Set/Database: BILBRKMM/BRKBILL IMLRMA CONTRIBUTION BREAKDOWN Date: 10/15/2003
Index: BBRKBILG BREAKDOWN YEAR 2003/2004 Time: 07:57:47
Report 'B' MINIMUM/MAXIMUM Page: 88
MUNICIPALITY: YORKVILLE CLIENT NUMBER: 0500659
AUTO
AUTO/COMP INLAND PHYSICAL
DEPARTMENT CODE WORK COMP GEN. LIAB. PROPERTY MARINE DAMAGE TOTAL
COMMUNITY CENTER $0 $0 $1,449 $0 $0 $1,449
ENGINEERING $0 $0 $0 $0 $4 $4
PUBLIC WORKS $0 $0 $2,506 $604 $1,635 $4,745
RECREATION $0 $0 $0 $0 $206 $206
WATERWORKS OPERATION 7520 $3,139 $2,827 $0 $0 $0 $5,966
POLICEMEN and DRIVER 7720 $17,315 $23.824 $213 $126 $1,116 $42.594
LIBRARY: CLERICAL 88102 $267 $3.302 $1.114 $0 $0 $4,683
ADMIN 88103 $537 $6.653 $1,556 $0 $111 $8,856
CITY ATTORNEY 8820 $24 $295 $0 $0 $0 $319
JANITORS 9015 $659 $919 $0 $0 $0 $1,578
PARK & RECREATION 91024 $7,037 $8,715 $379 $125 $962 $17,218
STREET MAINTENANCE 94020 $4,321 $2,489 $0 $0 $0 $6,810
SEWER MAINTENANCE 94021 $3,425 $1,973 $0 $0 $0 $5,398
MUNICIPAL EMPLOYEES 9410 $6,108 $9,455 $0 $0 $0 $15.563
$42.832 $60,451 $7,217 $854 $4,034 $115,388
Set/Database: BILBRKDN/BRKBILL IMLRMA BREAKDOWN WORKSHEET Date: 10/13/2003
Index: BBRKBILG BREAKDOWN YEAR 2003/2004 Time: 15:54:02
Report 'A' Page: 688
MUNICIPALITY: YORKVILLE CLIENT NUMBER: 0500659
PROPERTY IM APD
DEPARTMENT CODE PAYROLL MANUAL PREM VALUES VALUES VALUES TOTAL
COMMUNITY CENTER $0 $0 $1,183,378 $0 $0 $1,183,378
ENGINEERING $0 $0 $0 $0 $1,000 $1,000
PUBLIC WORKS $0 $0 $2,047,493 $552,439 . $424,212 $3,024,144
RECREATION $0 $0 $0 $0 $53,562 $53,562
WATERWORKS OPERATION 7520 $113,505 $6,243 $0 $0 $0 $119,748
POLICEMEN and DRIVER 7720 $956,479 $34,433 $174,230 $114,912 $289,727 $1,569,781
LIBRARY: CLERICAL 88102 $132,578 $530 $910,384 $0 $0 $1,043,492
ADMIN 88103 $267,089 $1,068 $1,270,784 $0 $28,695 $1,567,636
CITY ATTORNEY 8820 $11,848 $47 $0 $0 $0 $11,895
JANITORS 9015 $36,900 $1,310 $0 $0 $0 $38,210
PARK & RECREATION 91024 $349,885 $13,995 $309,360 $114,345 $249,637 $1,037,222
STREET MAINTENANCE 94020 $99,925 $8,594 $0 $0 $0 $108,519
SEWER MAINTENANCE 94021 $79,207 $6,812 $0 $0 $0 $86,019
MUNICIPAL EMPLOYEES 9410 $379,581 $12,147 $0 $0 $0 $391,728
$2,426,997 $85,179 $5,895,629 $781,696 $1,046,833 $10,236,334
Set/Database: BILBRKDN/BRKBILL IMLRMA CONTRIBUTION BREAKDOWN Date: 10/14/2003
Index: BBRKBILG BREAKDOWN YEAR 2003/2004 Time: 13:04:42
Report 'B' Page: 688
MUNICIPALITY: YORKVILLE CLIENT NUMBER: 0500659
AUTO
AUTO/COMP INLAND PHYSICAL
DEPARTMENT CODE WORK COMP GEN. LIAB. PROPERTY MARINE DAMAGE TOTAL
COMMUNITY CENTER $0 $0 $1,692 $0 $0 $1,692
ENGINEERING $0 $0 $0 $0 $5 $5
PUBLIC WORKS $0 $0 $2,928 $705 $1,909 $5,542
RECREATION $0 $0 $0 $0 $241 $241
WATERWORKS OPERATION 7520 $3,667 $3,303 $0 $0 $0 $6,970
POLICEMEN and DRIVER 7720 $20,227 $27,832 $249 $147 $1,304 $49.759
LIBRARY: CLERICAL 88102 $311 $3,858 $1,302 $0 $0 $5,471
ADMIN 88103 $627 $7,772 $1.817 $0 $129 $10,346
CITY ATTORNEY 8820 $28 $345 $0 $0 $0 $372
JANITORS 9015 $770 $1,074 $0 $0 $0 $1,843
PARK & RECREATION 91024 $8,221 $10,181 $442 $146 $1,124 $20,114
STREET MAINTENANCE 94020 $5,048 $2,908 $0 $0 $0 $7,956
SEWER MAINTENANCE 94021 $4,002 $2,305 $0 $0 $0 $6,306
MUNICIPAL EMPLOYEES 9410 $7,136 $11,045 $0 $0 $0 $18,181
$50,037 $70,622 $8,431 $997 $4,712 $134,799
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UNITED CITY OF YORKVILLE
INTERNSHIP AND FIELD WORK PROGRAM OVERVIEW
WELCOME
We want to welcome you to the United City of Yorkville. We understand that selecting
your fieldwork or internship site is a very difficult process. We encourage students to
think about what BENEFITS the overall experience will give to future full time
employment in their chosen field.
The staff at the United City of Yorkville is very proud of our internship program in the
fields of Recreation, Public Administration,Public Relations or Communications.
Your internship placement with the City of Yorkville will provide you with the"hands
on"experience you will need in order to obtain your first professional position in your
chosen field.
Students in related fields of study who desire practical experience in a municipal setting
are encouraged to meet with the City Administrator or designated Department Head to
determine if this placement meets your needs.
Meet with the United City of Yorkville staff and find out what we have to offer you as
your internship or fieldwork site.
INTERN & FIELD WORK STUDENTS
In addition to the designated area of concentration, all students will receive an overview and
practical experience within all departments of the City. This will provide the students with a
global overview of the intra-workings of municipal government and individual departments.
Administration City Council
Finance Economic Development
Clerk Building&Zoning
Engineering Park&Recreation
Public Works Public Safety
This field experience with the United City of Yorkville is designed to prepare the student for an entry-
level position in the field, and to bring the four years of higher education into focus. The Nepotism
policy will be followed for all interns and field work students. The nepotism policy states; "The
employment of spouse or a relative of any department head or elected official may be subject to
confidentiality disclosure agreement or conflict of interest agreement as deemed necessary by the city
attorney. For this purpose, a relative is deemed to mean a spouse,patents,grandparents,children or
grandchildren, siblings, aunts, uncles, in-laws, and step relatives within these categories."
This handbook is to be used as a tool for orienting the student to the City and for answering
questions. As an intern,you are encouraged to ask questions and make suggestions. Interns provide
the City with a means for exchange of innovative ideas and newly gathered knowledge. We invite
your interests, creativity and enthusiasm. There are so many directions you can take during your
internship...reach out and try them all; your time to experience and learn is now!
INTRODUCTION TO THE UNITED CITY OF YORKVILLE
The United City of Yorkville is located 55 miles southwest of Chicago, and has a population of
almost 7,000 people. Since the establishment of Yorkville, more than 160 years, the history of
Agriculture and rural atmosphere is disappearingby the growth of urbanization and movement ofthe
surrounding suburbs.
In Kendall County,the Fox River is the centerpiece of several historic towns, such as Yorkville. The
Fox River flows 115 miles from southern Wisconsin to northern and central Illinois. Yorkville, and
neighboring towns have worked hard to restore the downtown riverfront areas,while preserving the
natural state of the river.
The United City of Yorkville is governed by a Mayor and City Council form of municipal government
and approval process. The daily decisions and administration of the City's operations are directed
through a full time City Administrator,who is responsible to the Mayor and City Council.
UNITED CITY OF YORKVILLE'S DEPARTMENTS AND SERVICES
Administration City Council
Finance Economic Development
City Clerk Building&Zoning
Engineering Park&Recreation
Public Works Public Safety
DEMOGRAPH ICS
County: Kendall
Population(2003): 6,189
Projected Population(2008) 11,000
Households(2003) 2,800
Median Household Income $63,546
INTERNSHIP OVERVIEW AND FOCUS AREAS
Student interns may be involved in a wide range of responsibilities including cross departmental
support and awareness in the total operation of municipal government. All internship programs
may include the following requirements:
Establishment of Internship goals and projects
Receive weekly supervision and guidance
Attendance at City Council Meetings
Attendance at selected Committee Meetings
Attendance at selected County Meetings
Attendance at other relative organization/board meetings
Completion of weekly reports
Completion of a mid and final project
Cross departmental orientation and exposure in all facets of municipal government
AREAS OF CONCENTRATION
The following are the focus areas for the different types of internship programs based on the area of
concentration that are currently offered by the United City of Yorkville.
111 1fORKVILLE
Public Park and Recreation
Yorkville Park and Recreation is participating with various PARKS REc REATioN
colleges and universities in offering a field workfmtern experience for students majoring in
Recreation Administration and/or related fields (undergraduate and graduate level). The
department believes that an intensive on-the-job field experience will benefit the student, the
United City of Yorkville, the community, and the leisure services field in general. The areas the
student will be exposed to include;
• Recreation program development
• Supervision and implementation of weekly programs, special events,trips,leagues,day camps
and City-Wide events:
• Establishment of cooperative agreements
• Sponsorship solicitation and grant applications
• The development of Public Relations information including: brochures, flyers, newsletters,
press releases, service reports and master plan updates.
• Target surveys and areas specific evaluations
• Statistical reports based on attendance
• Involvement in the parks maintenance standards and the overall operation ofthe Parks system
• Involvement in daily administrative duties
• All areas of technology and registration
Public Administration
This field experience with the United City of Yorkville is designed to provide students
(undergraduate and graduate level)with"hands on" experience in the field of municipal Public
Administration. Areas the students will be involved in will include:
• Development and management of Capital Budgeting
• GASB implementation and other technology related functions
• Development of a PUD agreement and the developers process
• Develop a management plan for an area of municipal government
• Analyze statistics
• Evaluate the delivery of Human Service area
• Long term projects identified by the City Administrator
• Overall Public Relations information for the City
• Target surveys
• Involvement in daily administrative duties
Public Relations & Communication
The United City of Yorkville is participating with colleges and universities in offering fieldwork
practicum experiences of students majoring in Public Relations&Communications and/or related
fields. The City will provide a wide range of experiences and opportunities in the areas of Public
Relations& Communications in the field of municipal government.
This field work/practicum experiences with the United City of Yorkville is designed to prepare the
students for an entry-level position in Public Relations in the field of public service,all departments
within local government, and/or municipal settings.
Students will be involved in a comprehensive and diverse media program for the services and all
facets of municipal government which includes:
• Written media programs including: press releases,brochures,flyers,program and area specific
booklets.
• Statistical analysis which will include the development of targeted marketing plans,consumer
analysis surveys and satisfaction studies.
• A wide range of Oral media programs including: cable production, community interviews,
community presentations, reports to City Council.
• Benefit related marketing plan.
• Coordinate programs with the Yorkville's Economic Development, Tourism and Chambers
Programs
• All department public relations programs.
• Involvement in daily administrative duties
• All areas of Human Service and resident marketing programs
YOUR ROLE AT The United City Of Yorkville
The United City of Yorkville's internship program is designed to provide students in Parks and
Recreation,Public Administration and Public Relations/Communications curriculums an opportunity
for a comprehensive fieldwork experience. Students who are interviewed and selected for fieldwork
placement at Yorkville will be expected to accomplish specific tasks during their internships;these
tasks are their primary responsibility. Students must plan time and organize his/her schedule to
accomplish expectations. Because each college internship is different,each student's program will be
dealt with on an individual basis.
All projects and specific areas of concentration will be developed during the first week of the
student's internship through the establishment of goals. The internship plan will include
specific projects to be accomplished; stated goals and experiences the student desires to
accomplish; and an outline of daily work schedules. This plan will be agreed upon by the
student, the United City of Yorkville's City Administrator or designated Department Head
and the University and/or College Field Supervisor
United City of Yorkville's ROLE IN YOUR INTERNSHIP
1. Provide a professional staff in the role of direct Supervisor for student interns.
2. Provide required number weeks of fieldwork placement and experience in a municipal
government setting as an extension of the student's learning process.
3. Provide orientation to all departments and staff during internship.
4. Make all full-time staff aware of student intern's arrival, purpose and expectations. Make
each person aware of his or her importance in contributing to the success of the internship.
5. Help intern work out a schedule of timelines for all reports and assignments, etc.
6. Give directions and guidance as to work .assignments, presentations and professional
involvement.
7. To provide space, equipment and tools necessary to perform job effectively.
8. Completion of a mid-term and final evaluation.
9. Complete all required forms necessary for placement from college/university.
During their internship, students are encouraged to maintain school health insurance. Some schools
may insure their students for legal liability during their fieldwork experience. The United City of
Yorkville provides liability insurance and workmen's compensation should a field work student get
injured on the job.
COOPERATIVE AGREEMENT FOR FIELD PLACEMENT
Field Placement Site: UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
630 / 553-4.350
University or College:
Address:
Internship Supervisor:
Phone Number:
Student Name:
Address:
Phone Number(home):
Phone Number(school):
The United City of Yorkville agrees to accept:
as an intern student for the dates and conditions as stated below:
Dates:
Weeks:
Hours per week:
Stipend(if applicable)
Accommodation:
COOPERATIVE AGREEMENT FOR FIELD PLACEMENT
THE FIELD PLACEMENT STUDENT WILL:
1. Work approximately 40 hours a week. (A flextime system will be in effect to compensate the
student when hours worked per week exceed 40 hours).OR 20 hours per week for part-time
field work students.
2. Adhere to all administrative policies; the practices outline in the employee manual; all City
policies and procedures; and all departmental regulations and practices of the City and
University or College.
3. Attend staffmeetings and other professional meetings,obtain work-related certifications and
participate in service training sessions as required by the City.
4. Complete all University or College assignments.
5. Complete all projects as established in the internship plan.
6. Submit:weekly reports,initial and final reports, special project assignment summaries,mid-
term and final evaluations of student's work performance,and field placement site evaluation,
among other assigned written responsibilities as specified by the City and University or
College.
8. Act in a responsible manner observing all safety precautions throughout the entire internship
experience.
9. Work cooperatively with University or College supervisor and assigned United City of
Yorkville Field Placement Site Supervisor in order to maximize the student's professional
growth and development.
IT IS UNDERSTOOD BY THE STUDENT THAT ALL THE ABOVE ARE TO BE COMPLETED
BEFORE A FINAL GRADE WILL BE GIVEN.
THIS COOPERATIVE AGREEMENT WILL REMAIN IN EFFECT UNTIL WRITTEN NOTICE
IS RECEIVED BY THE UNIVERSITY/COLLEGE, STUDENT, OR FIELD PLACEMENT SITE
SUPERVISOR, INCLUDING DESIRE TO TERMINATE.
THE FIELD PLACEMENT STUDENT WILL BE TERMINATED IF:
1. He/She is not making satisfactory progress in the field placement program as determined by
either the University/College Supervisor or the Field Placement Supervisor.
2. Failure to comply with field placement site regulations, policies and standards.
COOPERATIVE AGREEMENT FOR FIELD PLACEMENT
The student authorizes the United City of Yorkville to provide information regarding past or present
employment performance to perspective employers, and releases said employers from any and all
liability which may arise from providing information.
The student releases and will not hold the United City of Yorkville any of their employees, City
Council Members, Board Members, and agents, responsible for any liability arising out of
participation in this field placement program.
I understand that the United City of Yorkville does not carry medical insurance for interns.
I have read this manual and understand and agree to adhere to all United City of Yorkville's policies
and procedures.
DATE:
STUDENT:
DATE:
UNITED CITY OF YORKVILLE SITE SUPERVISOR:
TITLE
DATE:
UNIVERSITY OR COLLEGE
SUPERVISOR:
10/13/03
10/30/2003 11 :42 FAX 630 553 5764 DANIEL J. KRAMER U1002/018
AD"' i
STATE OF ILLINOIS ) 10-28-03
)ss
COUNTY OF KENDALL )
RESOLUTION NO.
RESOLUTION CONSOLIDATING CERTAIN FUNDS OF
THE UNITED CITY OF YORKVILLE
WHEREAS,numerous funds exist for The City of Yorkville to fund the City's operations;
and
WHEREAS, the management and accounting of these funds, along with the use of these
funds, has been complicated by the numerous different funds used for several different purposes
of The City; and
WHEREAS, consolidation of many of these funds would allow for easier administration,
accounting, and excess to the funds for the City use; and
WHEREAS,consolidation of these funds would provide for speedier administration and
debt payment along with more efficient use of The City's time and therefore more beneficial to
the community at large;
NOW THEREFORE BE IT RESOLVED that THE UNITED CITY OF THE VILLAGE
OF YORKVILLE hereby authorizes the City Treasurer or Finance Director to consolidate the
following funds;
1. The South Sewer Fund shall be consolidated into the Sewer Improvement Fund.
2. The Working Cash Fund shall be consolidated into the General Fund.
The Treasurer or Finance Director of THE UNITED CITY OF YORKVILLE is
authorized to take any action necessary to consolidate the above funds.
This ordinance shall be take effect upon execution.
That in all respects, all other funds of THE UNITED CITY OF YORKVILLE shall
remain as originally adopted and existing. All other procedures for use of the funds shall remain
as the usual and customary practices will dictate.
10/30/2003 11:42 FAX 630 553 5764 DANIEL J. KRAMER Q1003/018
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,
this day of ,A.D.2003.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ,A.D.2003.
Attest:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, Illinois 60560
708.553.9500