City Council Packet 2004 03-09-04 o United City of Yorkville
`a ,
County Seat of Kendall County
EST. 1Z 1636
800 Game Farm Road
Yorkville, Illinois 60560
p I ri] ` Q Phone:630-553-4350 AGENDA
'A � �a Z Fax:630-553-7575
�-2`E;��, CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
REVISED: 3/5/04 Tuesday, March 9, 2004
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, March 22, 2004 To Be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, March 18, 2004
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, March 11, 2004
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, March 25, 2004
City Hall Conference Room
Public Hearings: None
Citizen Comments:
Presentations: None
City Council Meeting Agenda
March 9, 2004
Page 2
Consent Agenda
1. Building Department Reports for December 2003 (Revised) and January 2004
2. Water Department Report for December 2003
3. Bruell Street Forcemain& Gravity Sewer- IDOT Highway Permit- authorize City Clerk to execute
Resolution and authorize City Engineer to execute Highway Permit
4. MFT Appropriation- authorize Director of Public Works to execute Municipal Estimate of Maintenance
Costs and authorize City Clerk to execute Resolution
5. Windett Ridge - Earthwork Bond Reduction#1 - authorize reduction in the amount of$1,051,797.25
6. Windett Ridge - Public Improvement Bond Reduction#1 - authorize reduction in the amount of
$233,604.22
7. Treasurer's Reports for October,November, and December 2003 and January 2004
8. Sprintcom Lease Agreement - authorize Mayor and City Clerk to execute
9. Engineering F-150 Truck- authorize purchase in an amount not to exceed$19,602.57:purchase truck from
Landmark Ford in Springfield for the amount of$18,835.57 and purchase cap from Monroe Truck
Equipment for the amount of$767.00
Plan Commission/Zoning Board of Appeals:
Minutes for Approval(Corrections and Additions):
Minutes of City Council—February 24, 2004
Minutes of Committee of the Whole—February 3, 2004
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 552,650.44 (vendors)
$ 133,968.14 (payroll period ending 2/25/04)
$ 686,618.58 (total)
Reports:
Mayor's Report:
1. Presentation of"Saved by the Belt" Award to Jodie Chiavario
2. Proclamation for Salvation Army Golden Diners
Attorney's Report:
City Clerk's Report:
City Council Meeting Agenda
March 9, 2004
Page 3
Reports (con't):
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks & Recreation Report:
Community&Liaison Report:
Committee Reports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Report:
1. Progress Holdings PUD Agreement and Final Plat
a. Ordinance Authorizing the Execution of Agreement
2. Resolution Approving Final Plat for Whispering Meadows Units 1 and 2
Public Safety Committee Report:
1. No Report
Administration Committee Report:
1. No Report.
Additional Business:
Executive Session:
1. For the purchase or lease of real property for the use of the public body.
Adjournment:
City Council Meeting Agenda
March 9, 2004
Page 4
COMMIT FEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
PUBLIC WORKS!
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice-Chair: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderman Kot
ECONOMIC DEVELOPMENT
Committee Departments Liaisons
Chairman: Alderman Sticka Planning& Building & Zoning Chamber of Commerce
Vice Chair: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderwoman Ohare Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
PUBLIC SAFETY;
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Vice Chair: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
;ADMINISTRATION;
Committee Departments Liaisons
Chairman: Alderwoman Spears Finance Metra
Vice Chair: Alderman James Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Munns
City Council Meeting Agenda
March 9, 2004
Page 5
AD-HOC: TECHNOLOG31
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
United City of Yorkville
��
County Seat of Kendall County
EST.ei 1836
800 Game Farm Road
U) Yorkville, Illinois 60560
O 11 n s,, O Phone:630-553-4350 AGENDA
,, ? Fax:630-553-7575 CITY COUNCIL MEETING
it E N`' CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, March 9,2004
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, March 22, 2004 To Be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, March 18, 2004
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, March 11, 2004
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, March 25, 2004
City Hall Conference Room
Public Hearings: None
Citizen Comments:
Presentations: None
City Council Meeting Agenda
March 9, 2004
Page 2
Consent Agenda
1. Building Department Reports for December 2003 (Revised) and January 2004
2. Water Department Report for December 2003
3. Bruell Street Forcemain &Gravity Sewer - IDOT Highway Permit- authorize City Clerk to execute
Resolution and authorize City Engineer to execute Highway Permit
4. MFT Appropriation- authorize Director of Public Works to execute Municipal Estimate of Maintenance
Costs and authorize City Clerk to execute Resolution
5. Windett Ridge - Earthwork Bond Reduction#1 - authorize reduction in the amount of$1,051,797.25
6. Windett Ridge - Public Improvement Bond Reduction#1 -authorize reduction in the amount of
$233,604.22
7. Treasurer's Reports for October,November, and December 2003 and January 2004
8. Sprintcom Lease Agreement - authorize Mayor and City Clerk to execute
9. Engineering F-150 Truck- authorize purchase in an amount not to exceed$19,602.57:purchase truck from
Landmark Ford in Springfield for the amount of$18,835.57 and purchase cap from Monroe Truck
Equipment for the amount of$767.00
Plan Commission/Zoning Board of Appeals:
Minutes for Approval(Corrections and Additions):
Minutes of City Council—February 24, 2004
Minutes of Committee of the Whole—February 3, 2004
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 552,650.44 (vendors)
$ 133,968.14 (payroll period ending 2/25/04)
$ 686,618.58 (total)
Reports:
Mayor's Report:
1. Presentation of"Saved by the Belt"Award to Jodie Chiavario
2. Proclamation for Salvation Army Golden Diners
Attorney's Report:
City Clerk's Report:
City Council Meeting Agenda
March 9, 2004
Page 3
Reports(con't):
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks&Recreation Report:
Community&Liaison Report:
Committee Reports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Report:
1. Resolution Approving Final Plat for Whispering Meadows Units 1 and 2
Public Safety Committee Report:
1. No Report
Administration Committee Report:
1. No Report.
Additional Business:
Executive Session:
1. For the purchase or lease of real property for the use of the public body.
Adjournment:
City Council Meeting Agenda
March 9, 2004
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
PUBLIC WORKS;
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice-Chair: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderman Kot
1CONOMIC DEVELOPMENT?
Committee Departments Liaisons
Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce
Vice Chair: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev.
Committee: Alderwoman Ohare Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
PUBLIC SAFETY;
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Vice Chair: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
LADMINISTRATION'
Committee Departments Liaisons
Chairman: Alderwoman Spears Finance Metra
Vice Chair: Alderman James Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Munns
City Council Meeting Agenda
March 9, 2004
Page 5
AD-HOC: TECHNOLOGY]
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
MINUTES OF lifE REGULAR MEETING OF THE CITY COUNCIL OF
HELD IN THE HE CITY CITY F CHAMBERS,CCOUNCIL 0 GAME FARM ROAD DRAFT
ON TUESDAY,FEBRUARY 24,2004.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Absent
Sticka Absent
Ward H Burd Present
Kot Present
Ward III Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer Powell.Administrator Graff,City Attorney
Dan Kramer,Police Lieutenant Schwartzkop Director of Public Works Dhuse,Executive
Director of Parks&Recreation Laura Brown and Finance Director Pleckham
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska noted that the Council did not to need to meet in executive session for the
purchase or lease of real property for the use of the public body.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,March 22,2004
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,March 18,2004
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,March 11,2004
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Thursday,February 26,2004
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To Be Announced
PUBLIC HEARINGS
Pollution Control Ordinance
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
proposed Pollution Control Ordinance. So moved by Alderman Kot;seconded by Alderwoman
Ohare.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Ohare-aye
City Attorney Kramer explained that Illinois State Statute requires a municipality to have an
ordinance to regulate the location of pollution control facilities,transfer stations,etc. The
ordinance does not indicate that the community is promoting this type of business but is
indicating that should it come to the City,it will be regulated. Attorney Kramer stated that there a
public hearing for the ordinance was held by the Plan Commission and the ordinance has been
discussed at several committee meetings.Attorney Kramer indicated that Attorney John Watson
The Minutes of the Regular Meeting of the City Council—February 24,2004-page 2
with the City's environmental law firm,Gardner,Carton and Douglas was present to answer any
questions.
The floor was opened for public comment. There was none.
The floor was opened for comments from the City Council.
Alderman Kot had a question regarding the hazardous waste referred to in the ordinance. He
asked if hazardous waste should be defined in the ordinance. Attorney Watson stated that the
ordinance could be more specific however it is designed to address the management of waste
under the Illinois Environmental Protection Act. A definition can be added which makes
reference to the statutory defmition of the term. Mayor Prochaska stated that the state statute
should be referred to as it is subject to change. Attorney Watson indicated that the distinction
between different types of waste,as regulated under Illinois law,is very important because it
defines the permitting needed from the state to site a facility.
Alderman Kot asked if the City really wanted to say it would accept hazardous waste. Attorney
Watson stated that the City doesn't have a choice in the decision because the Illinois
Environmental Protection Act allows parties to pursue siting of any of the facilities mentioned in
the ordinance however it does require that they go to the municipality to get siting approval. The
Act indicates things a municipality may want to consider as part of this process. The ordinance
defines a process whereby the City is able to manage these types of facilities.
Mayor Prochaska noted that if the City does not have this ordinance in place,anyone wanting to
have a waste site in the City would only have to meet the state's requirements and the City will
have no say in the matter.
Attorney Watson explained that the statute allows a municipality to make the decision of having
an ordinance which outlines what it will allow in the process. He stated that he tried to take the
elements of the statute and make them more specific to the things that the City will allow.
There was no further discussion.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco;seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye,Kot-aye,Munns-aye,Spears-aye,Ohare-aye,Besco-aye
CITIZEN COMMENTS
Debbie Gillette, 1611 Cypress Lane,introduced herself to the City Council and asked them for
their support in her run for Kendall County Circuit Court Clerk.
PRESENTATIONS
Countryside and Hydraulic Bond Sale Update
Kevin McCanna of Speer Financial,Inc.presented the debt sales for the Countryside Interceptor
Project and the ComEd Sewer projects. The first sale was for the$1,600,000.00 2004A Debt
Certificates for the ComEd Sewer Project. Speer Financial received four bids and local bank Old
Second Bank came in with the best bid of 2.9816%. He indicated that the market is unsettled
however this was a very strong bid.
He went over the information distributed by Finance Director Pleckham which included
information on the bids,the debt service schedule and the City's Standard&Poor's rating. He
explained that on the debt certificates the City received a rating of BBB+whereas on the alternate
bonds the City received a rating of A-. He noted that the important thing about the ratings is that
they reflect the City's proximity to the strong DuPage County area economy,above-average
income and wealth levels and its sound financial position. It also notes that a high debt burden
and looming growth pressures offset the strengths. He stated that they are indicating that the City
is doing a good job however it will have to keep doing a good job because of the growth that is
coming.The high debt levels that they refer to are not just the City's but also the School
District's,the Library's,etc. The City received good marks for running well financially even
with state funding cuts.
He reported that the second sale was for the$3,500,000.00 General Obligation Bonds(Alternate
Revenue Source)Series 2004B for the Countryside Interceptor Project. Five bids were received
with the best from Banc One Capital Markets,Inc.at 3.6147%. He went over the information
distributed by Mrs.Pleckham. The information included a report from Speer Financial indicating
that the City has sufficient revenues to pay this debt off. This information is a statutory
The Minutes of the Regular Meeting of the City Council—February 24,2004-page 3
requirement because these are General Obligation Bonds which give the City a better interest
rate,a better security and the ability to purchase insurance on these bonds.
Mr.McCann indicated that the City will receive its money from the sales on March 1 I,2004.
He asked if there were any questions or comments from the Council.
Mayor Prochaska commented that he was pleased to see a local bank offering the City such a
good rate and receiving the bid.
Treasurer Powell asked if any other local banks bid on the bonds and Mr.McCanna stated they
were the only local bank to bid on the securities.
There were no further questions;Mayor Prochaska thanked Mr.McCanna for his presentation.
CONSENT AGENDA
1. School Facility Planning—Scope of Services by Mike Schoppe-authorize in an
amount not to exceed$9,500.00
2. Resolution 2004-03—Creating the Position of Community Relations Manager-
authorize the Mayor and City Clerk to execute
3. SPS Service Support Agreement—authorize Finance Director to execute in an
amount not to exceed$9,000.00
4. Ordinance 2004-09—Abating the Tax Heretofore Levied for the Year 2002 to Pay
Debt Service on$625,000.00 Alternate Revenue Source Series 2002 Bond-
authorize the Mayor and City Clerk to execute
5. Resolution 2004-04—Approving the Revised Job Description of the Part-time Office
Assistant- authorize the Mayor and City Clerk to execute
Mayor Prochaska entertained a motion to approve the Consent Agenda. So moved by Alderman
Munns;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye,Kot-aye,Munns-aye,Spears-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the City Council meeting
from February 10,2004;seconded by Alderwoman Burd.
Motion approved by a viva voce vote.
A motion was made by Alderwoman Spears to approve the minutes of the Committee of the
Whole meeting from June 17,2003;seconded by Alderwoman Burd.
Motion approved by a viva voce vote
Alderwoman Ohare commented that when the minutes being approved are so old,it is difficult to
remember everything about the meetings. She asked Clerk Milschewski if she was getting caught
up with old minutes and Clerk Milschewski stated that she still had three old sets of COW
minutes outstanding. She also stated that she is working with the minute takers to get minutes
finished in a more timely fashion.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated February 12,2004 totaling the following amounts:checks in the
amount of$648,764.40(vendor);$126,856.69(payroll period ending 2/11/04)for a total of
$775,621.09.
Mayor Prochaska noted that the Council received a memo from Kim King dated February 23,
2004 stating that a payment to Kendall County for$15,542.88 was voided and re-issued in the
amount of$7,770.62.
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated February 12,2004 as revised:checks in the revised amount of
The Minutes of the Regular Meeting of the City Council—February 24,2004-page 4
$640,992.14(vendor);$126,856.69(payroll period ending 2/11/04)for a revised total of
767,848.83;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Sticka-aye
REPORTS
MAYOR'S REPORT
Proclamation for Peace Corps Week March 1-7,2004
Mayor Prochaska read a proclamation for Peace Corps Week March 1-7,2004. See attached.
Certificate of Recognition—Mary K.Sanders
Peace Corps Volunteer
In association with Peace Corp Week,Mayor Prochaska presented the parents of Mary K.
Sanders,a Yorkville resident,with a Certificate of Recognition for her volunteer service in the
Peace Corps. Alderwoman Ohare commented that Miss Sanders went to school with her
daughter and she knows her as a compassionate and brave person. Mr.Sanders thanked the
Mayor and Council for recognizing his daughter and stated that while she is serving in Nepal she
understands that she represents the United States of America,Illinois,Yorkville and Chicago Cub
fans.
FY 04/05 Budget Presentation
Mayor Prochaska reminded the Council that the FY 04/05 Budget will be presented at the March
2,2004 Committee of the Whole meeting.
Bowling for Big Brothers/Big Sisters
Mayor Prochaska reported that the City had been invited to participate in the annual bowl-a-thon
for Big Brothers/Big Sisters on Saturday,February 28,2004 at the bowling alley in Plano. The
City's team is schedule to begin at 4:30 and Big Brothers/Big Sisters are asking for a suggested
donation of$75.00. He stated that he is still looking for people to join his team so anyone
interested in bowling should contact him.
ATTORNEY'S REPORT
Attorney Kramer noted that an ordinance for Tax Abatement was passed under Consent Agenda.
This ties into Mr.McCanna's presentation because the taxes can only be abated if the City's
funds are sufficient to make payment.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Pleckham thanked Mr.McCanna and Speer Financial for their assistance with the bonds.
She also noted that Treasurer Powell had signature cards for the accounts that the Council
members need to sign.
DIRECTOR OF PUBLIC WORKS REPORT
Watermain Break
Director Dhuse reported on a watermain break on East Kendall and Mulhern Court that has been
repaired.
Parkway Damage and Pot Holes
He also asked that if any residents call their alderman reporting parkway damage or pot holes to
have them call Public Works between 8:00 A.M.and 12:00 P.M.and they will be placed on a list
for repairs.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
Riverfront Festival Meeting
Director Brown reported that a Riverfront Festival meeting was scheduled for noon on February
28,2004 at the Beecher Center.
The Minutes of the Regular Meeting of the City Council—February 24,2004-page 5
Polar Plunge
She also reported that the Polar Plunge fund raiser for Special Olympics was scheduled for noon
March 6,2004 at Silver Springs State Park.
COMMUNITY&LIAISON REPORT
Aurora Area Convention and Visitors Bureau Lobby Day
Alderwoman Burd reported that she went to Springfield on February 19,2004 with the Aurora
Area Convention and Visitors Bureau(AACVB)for their Lobby Day. She met with Senators
Chris Lauzen and Ed Petka and Representatives Patricia Lindner,Tom Cross and Linda Chapa
LaVia and several others to discuss the Governor's cut to the tourism budget. Two years ago,the
tourism budget was approximately$70 million,last year it was cut to$52 million and it was
again cut this year and is down to$26 million. Tourism funds are used to attract tourist to the
state and local communities where they spend tourism dollars which are considered"new
money". Sue Vos,Director of the AACVB developed some figures showing the impact of the
cuts. The cuts are estimated to affect$22 billion in direct economic activity and another$16
billion in indirect activity. This could hurt approximately 300,000 jobs. The AACVB is asking
for support in lobbying the state legislators to get more money put back into the budget for
tourism
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Ordinance 2004-10 Alternate Revenue Bond-$3.5 Million Countryside Interceptor
A motion was made by Alderwoman Spears to approve an ordinance authorizing and providing
for the issue of$3,500,000.00 General Obligation Bonds(Alternate Revenue Source),Series
2004B,of the United City of Yorkville,Kendall County,Illinois,for the purpose of improving
the existing waterworks and sewerage system of said City,prescribing all the details of said
bonds,and providing for the collection,segregation and distribution of the revenues of the
combined waterworks and sewerage system of said City and authorize the Mayor and City Clerk
to execute all documents;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-6 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye
Ordinance 2004-11 Debt Certificate-$1.6 Million ComEd Sewer
A motion was made by Alderwoman Spears to approve an ordinance of the United City of
Yorkville,Kendall County,Illinois,authorizing and providing for an Installment Purchase
Agreement for the purpose of paying a part of the cost of acquiring and installing sewer
improvements within the City(ComEd Sewer Project),and authorizing and providing for the
issue of$1,600,000.00 Debt Certificates,Series 2004A,evidencing the rights to payment under
such Agreement,prescribing the details of the Agreement and Certificates,and providing for the
security for and means of payment under the Agreement of the certificates and authorize the
Mayor and City Clerk to execute all documents;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-6 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye
Ordinance 2004-12 SSA Number 2004-103 for North Grande Reserve
Ordinance 2004-13 SSA Number 2004-104 for Central Grande Reserve
Ordinance 2004-14 SSA Number 2004-105 for South Grande Reserve
Ordinance 2004-15 SSA Number 2004-106 for Total Grande Reserve
A motion was made by Alderwoman Spears to approve four ordinances proposing the
establishment of Special Service Area numbers 2004-103,104,105,106 for the Grande Reserve
Project in the United City of Yorkville with a total amount not to exceed$60,000,000.00 and
authorize the Mayor and City Clerk to execute the documents;seconded by Alderwoman Burd.
The Minutes of the Regular Meeting of the City Council—February 24,2004-page 6
Mayor Prochaska reminded the Council that these SSA's are being created for the Grande
Reserve development which will guarantee that the people creating the impact to the City are
paying for it.
Alderman Munns clarified that not all of the$60,000,000.00 will be issued at one time.
Motion approved by a roll call vote. Ayes-6 Nays-0
Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,Kot-aye
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session to discuss the appointment,
employment,compensation,discipline,performance,or dismissal of specific employees. He
asked that the City Clerk,and City Attorney be included in the session. He also noted that there
would not be any action taken after the session. So moved by Alderwoman Burd;seconded by
Alderman Munns.
Motion approved by a roll call vote. Ayes-6 Nays-0
Ohare-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye
The regular session broke at 7:43 P.M.The Council took a seven minute break.
The City Council returned to regular session at 8:21 P.M
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Burd;seconded by
Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 8:22 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 9
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
TUESDAY, FEBRUARY 3, 2004
CITY HALL CONFERENCE ROOM
7:00PM
In Attendance:
City
Art Prochaska—Mayor Richard Sticka- Alderman
Valerie Burd - Alderwoman Valerie Burd - Alderwoman
Paul James - Alderman Larry Kot-Alderman
Wanda Ohare - Alderwoman Rose Spears - Alderwoman
Bill Powell - City Treasurer Laura Brown-Executive Director Parks &Recreation
Tony Graff—City Administrator Traci Pleckham—City Finance Director
Harold Martin—Police Dept. Dan Kramer—City Attorney
Eric Dhuse— Director of Public Works
Guests
Kathy Farren—Kendall County Record
Dan Waitt- Beacon News
Lynn Dubajic-Yorkville Economic Development Commission
Gary Weber, Gary R. Weber Associates
Matt Fiascone, Inland
The meeting was called to order at 7pm.
It was decided to move forward in the agenda and begin with the Economic Development
Committee portion of the meeting so the guests could depart after their presentation.
ECONOMIC DEVELOPMENT COMMITTEE
#3 Runge Property Annexation & Zoning
Mayor Prochaska began the agenda with Runge Property—Annexation&Zoning. Mr. Graff
prefaced the discussion by noting that the property is in the preliminary plat stage. Public hearings
have been held and an appearance before the plan commission is anticipated in the next 45 days. A
meeting will be held with Sugar Grove to review boundary agreements because of Baseline Road.
The main issue for the meeting was discussion of the Rt. 47 commercial corridor --what should be
the proper open space look, since some deviations had been requested in the R2. Mike Schoppe
stated a 100 foot buffer from the property line was needed. As a result, Matt Fiascone was invited
to the meeting to present site designs and an update on the project.
Mr. Fiascone stated there were several issues needing minor policy direction. One significant
variation had been requested—that was a 60' right away rather than a 66'.
Page 2 of 9
Generally the staff was supportive of the 60'wide right away with slight modifications. The goal
was to meet land use desires of city with straight zoning. City staff wished to eliminate one
connection on Baseline Road and reduce the number of driveways in the townhome area. Inland
will ask for preliminary plat approval with annexation of two residential areas. City staff felt the
commercial design should be suitable for a"big box"retailer with 1000' of depth to accommodate
parking and buildings. Staff requested a 100' buffer from The Right-of-Way(ROW) line at Rt. 47.
Visibility and compatibility were issues for businesses. City staff feels big box retailers should be
the end use, while preserving the nature corridor. If the Parks Department desires a trail system
along the creek frontage, Mr. Fiascone will add text with specific locations. Inland does not want
to agree to a 100' setback since it was from the western bank of the creek, not just from the
property line. The trail is the only remaining policy issue needing direction.
A consensus is now needed from the council according to Mr. Graff, for the proper landscaping.
There is also a flood plain issue. Currently there is a high berm which will be reduced to assist the
safety issue and more esthetic look.
Mayor Prochaska stated that the objective is to maintain the creek and would like creativity with it
rather than setbacks of 100-150'. He felt the main concerns were:
• Address the floodplain area
• Compensatory water storage
• Language to guarantee 10' trailways
Mr. Graff commented that the ordinance states that floodplain storage must be adjacent to property.
Ms. Burd stated that another discussion with Mike Schoppe is needed to plan for trees/hedgerows.
Alderman Kot stated that the trail goes right through the access road and believes that 100' is fairly
excessive. Having the trail going through the parking lot was an area of concern raised by
Alderman Sticka. Dan Kramer was asked to draft language to preserve the creek area, yet the
viability of a"big box retailer". There is a flood plain which would be an appropriate area for
compensatory storage.
Mr. Graff noted that there has been discussion with Kane County, of a trail on Com Ed easements.
Mr. Kot asked about a plan for the Kane County side of the trail and where it will goes. It will
connect at some point with Kane County's trail. Sugar Grove has expressed they would like a 100'
ROW due to the Eldamain connection with Rt. 47. Language will be incorporated allowing for a
site plan review for compensatory storage and creating a mechanism for trail connection.
Alderman Sticka inquired if this would be a land or land cash situation— it will be both. The
property will be maintained by the homeowners' association with natural and prairie grasses
suggested as part of the landscaping. Road widening for this area would occur mostly on the east
side due to the creek. At this point, a preliminary plat for the residential portion with the changes
as discussed with the planning council, will be completed and attempt will be made to have this
item on the plan commission agenda at the end of March.
Page 3 of 9
#2 Westbury Annexation Agreement
This was tabled as the preliminary plat is nearly completed and will be on the April
plan commission agenda. All terms and development fees were agreed to. The
engineering is 80% complete. The issue will come before the C.O.W on April 20th
Alderwoman Spears noted that Joe Besco had asked if dumpsters could be removed
from the streets when the first occupancy permit is issued. Mr. Besco also wanted
parking on one side of the street only, during construction. It will be put into the
PUD.
#1 Yorkville Hill Landscaping PUD Agreement
Still waiting for letter from property owners who were disgusted and there were some
encroachment issues as well. This matter will then move forward by consensus of the council.
MAYOR
#1 Eldamain Road Jurisdictional Transfer
Attorney Kramer has received the draft and noted one significant point to be revised. A shopping
center is planned for the SW corner of Eldamain& Rt. 34. The main entrance for the residential
and commercial would be where the two different zoning classes meet on the west side of the road.
Paul Dresden will be encouraged to line up with that intersection when he considers the rezoning.
Only one cut is desired north of the creek. This matter had the group consensus.
#2 Kane County Paratransit Coordinating Council
Attorney Kramer's office reviewed this program for which there is no financial commitment at this
time. Kramer suggested we support it if would support a handicapped transit system. It is also for
seniors. Alderwoman Spears asked if any City official had contacted Kendall County regarding
this program. It will also be discussed at the Mayor and Managers meeting. Mayor Prochaska felt
it would make sense to have someone from the County on the committee even though Pace does
not operate here at this time. Ms. Spears volunteered to be an alternate.
#3 Coffee
Mayor Prochaska made note of the next Coffee with the Mayor at Forget Me Not Flowers.
#4 Joint Meeting With the School District#115
A meeting will be held on March 29th at the school district building to discuss
growth issues and other common issues. Mayor Prochaska also noted that the
Yorkville-Bristol Sanitary District would like a joint meeting on March 8th at 6pm to
discuss funding, billing, growth issues and an inter-government agreement. This
meeting will be held at their new facility on River Road.
Page 4 of 9
#5 Mayor& Department Heads Report
Mayor Prochaska handed out a booklet providing highlights of city departments for
2003. He noted 79 ordinances and 45 resolutions were passed last year. The
ordinances are published in the city newsletter. This information will be put on the
website after it is reviewed.
#6 2003-2004 Revised Budget
Mayor Prochaska noted that the total change of revenue was 10.81% for revenue
and expenses. Revenue was obtained from:
• Building permits
• Moser project
• $37,000 from the developers of the Rob Roy Creek area
He also noted the following points:
• Reduction of$130,000 revenue from taxes and state revenue
• Expenses have increased in building inspections along with number of
inspections
• Some expenses will be funded through the Moser project
• Sales tax remained same, retailers had profitable Christmas, but want to stay
cautious
• Real Estate tax levy was decreased
• Increase in road and bridge tax
• State income tax decreased
• Use tax small decrease
• Development fees increased, some due to Moser fees, part of which has been
received. Money is not spent until received.
• Slight reduction in traffic fines. Truck enforcement was not done until
December and City received only small portion of the fees from truck
enforcement and seat belt violations
• Some reimbursement from State for police training
The Rob Roy Creek study was discussed at this point. Mr. Graff noted that the
engineers recommended asking the developers to front-fund the project and create a
"service area"to attach to the property as it is annexed. The study is not only for
the benefit of Inland, but also needed to complete the Rob Roy Creek flood study to
submit to IDNR and ultimately to FEMA. Attorney Kramer stated it is too big an
area to do piecemeal. Mayor asked if we should go forward with this to which
Alderman Sticka replied there is a risk if the City doesn't move forward as
developers could come in and do their own study. The ultimate goal is to obtain a
FEMA map. Alderman Kot pointed out that although it may take time, ultimately
the City will receive the money. He also thought it made sense to have a good map
and the City owes it to future property owners in case of flood. Public Works had
recommended the City move forward with the project.
Page 5 of 9
Reimbursement from other governmental bodies was discussed. Revenues are
down due to agreements between bodies. The school district has agreed to fund
$4800 for the school comp plan which will show all the school facilities on a map.
This will assist in planning future schools, parks, bike trails, transportation and
development.
Alderwoman Spears asked what $13,000 for miscellaneous income was. It is for
copying fees, zoning books, charges for accident reports, etc.
Other budget items discussed:
• Block grant was received in June for C-Pat radios
• Merit increases
• Decrease in health benefits
• Employee Assistance Programs (EAP)
• Slight increase in contractual services for shredding
• Possibility of hiring ServiceMaster for cleaning services
• Uniform/clothing allowance
• Sod program
Discussions turned to costs of cell phones. Alderwoman Spears suggested a freeze
on cell phone usage due to being 93.7%to budget at this time and the fact that the
Administration committee is studying this item. Mayor Prochaska stated there has
been increased city business which warranted the higher use. She stated the freeze
would be only while the committee checked bills for utilization. Ms. Spears stated
she had asked twice to receive the Detailed Revenue&Expense Report on a
monthly basis and was told she could have it only annually or semi-annually.
Alderwoman Spears requested the following statement be recorded in the official
notes that Mr. Graff stated he was not arguing about this issue, rather he was
"debating"the issue. Mr. Graff pointed out that part of the increased costs come
from new employees and increased cost of phones.
The Mayor and Chief Martin both have Nextel phones for instant contact. The
Chiefs phone costs came from administration's budget. The Mayor stated that the
phones are billed at $35 a month. Alderman Sticka asked if there was a massive
misuse of telephones. Mayor Prochaska stated that there are probably some
personal phone calls, but not excessive. He stated that the phones are an asset and
public works personnel are easily reached 24 hours a day. He believes that
managers are monitoring their employees and that there is no abuse of phones.
Alderwoman Burd pointed out that the employee manual states that an employee
who abuses phone privileges can be required to reimburse costs. That would be
reported in miscellaneous income. Mayor Prochaska requested to go on record that
the City has good employees and then asked to move forward in the meeting.
Page 6 of 9
Other budget items briefly discussed were:
• Member dues to chamber increased.
• Travel expenses
• Contingencies dropped
• Office supplies increased due to staff increase
• Increase in operating supplies (published additional zoning books etc.)
• IMRF decreased
• Computer and software
• Transfer to Parks &Recreation reduced due to funding by Moser
• Increased employee salaries due to Moser project
• Training conferences for water compliance by 2007
• Increase for new hires funded by Moser
• Merit increase for police clerks
• Overtime for police decreased due to 12 hour shifts
• Block grants
• Training conferences
• Police academy costs decreased because new hires already trained
• Building &zoning services up to $10,000 for legal services for recent litigation
• A study for Waubonsee to possibly locate in Yorkville
• Increased costs for publishing/advertising zoning issues and public hearings
Alderwoman Burd asked if full payment is made to consultants for work that does
not come to fruition. The Mayor felt a policy was needed for that and a "scope of
service" should be placed in such a contract.
Additional budget items noted briefly:
• Additional mosquito control in summer
• Improvements to Beecher center and library
• Donation for defibrillators
• Drinking fountain in town square was replaced
• New signs for Park District
• Proposal for new mower
• Sewer improvement includes connection fees
• Restoration of skateboard park
Budget discussions were completed with the Mayor noting a couple small
corrections. The budget will be voted on next week. The budget will go on to City
Council on consent agenda.
Page 7 of 9
CITY TREASURER:
The treasurer's reports were delayed due to discrepancies between the City and the
auditors. Bill Powell noted there is now online viewing of accounts. Mayor
Prochaska inquired as to why the municipal building fund is negative. Fees are
still being received. Alderwoman Spears asked when the audit was complete. It
was begun in June and finished in September. Delays were due to the previously
noted discrepancies and the changeover to the new accounting system. The reports
will be on consent at the next City Council meeting.
PARK BOARD
Youth Baseball Agreement-2004
Youth Baseball Agreement: revision of last year's agreement, incorporated adopted
athletic field use. Park District has taken over maintenance of fields and Youth
Baseball took over operations. No changes were made except for the date.
Agreement to be forwarded to City Council on consent for approval.
PUBLIC WORKS COMMITTEE:
#1 Fox Mill Landing
Project is closed out,moved forward on consent.
#2 Water Conservation Ordinance
Some language changes are need, will be brought back to C.O.W on the 17th.
#3 Engineering Department-Additional Personnel
Approval is being sought to post a full time position which is already in the budget.
Posting was approved.
#4 Water Report for November 2003
Moved to consent agenda
#5 Route 43 and Game Farm Road Traffic Signal
Was at committee, decrease in money, moved to consent agenda.
#6 York Meadows Plat of Easement
Committee accepted plat which formalized utilities. Moved on by consent.
#7 101 E. Somonauk—Sidewalk Agreement
Moved to consent agenda.
Page 8 of 9
#8 Rob Roy Creek Flood Study—Supplemental Agreement
Discussed earlier in meeting, a motion was made to proceed. All in agreement.
#9 Mill and Van Emmon Water Main Improvement
A timeline was done which will be used as a future tool
PUBLIC SAFETY COMMITTEE
#1 Police Reports for December 2003
It was noted that truck enforcement increased. Prior to that,the police officer had
been gone for re-certification. This item moved on to consent agenda.
ADMINISTRATION COMMITTEE:
#1 Detail Board Report (Bill List)
Discussion of gasoline costs, building punch list, door locks, sewer pump
replacement, moved on to City Council for vote
#2 Updated Vehicle Policy
Nearly finished. Revisions include:
a. requires use of seat belts in any city vehicle
b. all damage to city vehicles must be reported
c. use of city vehicle by other than employee, must be authorized by
department head
#3 Employee Manual
A few minor changes were made such as plurals, gender, wording, corrected
grammar. It was noted that it was recommended that the document be done in"1 st
person". The reason is, when a potential employee reads the manual, he/she will
apply to their individual situation.
Specifically, section 3.3.2 regarding medications was discussed. The word"drugs"
was changed to "medications". Language will be added to stipulate"not in
violation of any state or federal act". It was also determined that a supervisor could
ask an employee the type of medication to determine if it impairs a work situation.
Alderwoman Burd questioned what the word "sealed" implied on page 19, last
sentence, regarding employee records. According to Mr. Graff,a sealed record is
signed and dated by the employee and then sealed. It can be used for litigation
purposes and it can only be opened by court order.
Page 9 of 9
Discussion was ended regarding the manual and changes/corrections will be made
by Mr. Graff by Friday.
This item will be placed on the City Council agenda.
ADDITIONAL BUSINESS
Alderman Kot stated the length of these meetings was getting out of hand and that
the staff is being "burned out". He also felt that the C.O.W. is doing a lot of the
work that committees should be doing. He also suggested that staff members could
be dismissed from the meeting, after the completion of their respective reports.
Alderwoman Burd told the committee that the National Trust for Historic
Preservation now has a website. The website mistakenly stated that the City had
renovated the old jail. She also noted that on February 18th she will travel to
Springfield to lobby on behalf of tourism.
A memo was discussed by Ms. Spears regarding a workday schedule where hours
were changed. She felt the current policy was bypassed. It was determined that the
situation applied to Administration and such situations could be determined by
Department Heads.
Alderwoman Spears also asked if a meeting had been arranged with the Major of the
Salvation Army. It was noted that a contract was sent twice with no response. The
Major will be contacted again.
It was noted by Mayor Prochaska that Jim Jensen will be resigning from the fire and
police commission. The Mayor will recommend a new candidate, Mike Anderson,
to the City Council.
There was no additional business.
The meeting adjourned at 10:50pm.
Minutes transcribed by Minute Taker,
Marlys Young
A
03/04/2004 11 : 40 FAX 630 553 5764 DANIEL J. KRAMER 0 002/003
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO.2004-
RESOLUTION APPROVING FINAL PLAT
FOR
WHISPERING MEADOWS UNITS 1 and 2
WHEREAS, the City Council of the United City of Yorkville has considered a Petition to
approve the Final Plat of the Whispering Meadows Units 1 and 2; and
WHEREAS,the City Council of Yorkville has received a positive recommendation from the
Plan Commission of the United City of Yorlcville recommending approval of said Final Plat of
Subdivision; and
NOW THEREFORE,upon Motion duly made,seconded and approved by a majority of those
members of the City Council voting the following action is taken by the City Council:
1. The Final Plat of Whispering Meadows Units 1 and 2 is approved and all City
officials are authorized to execute the same.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
1
03/04/2004 11 : 40 FAX 630 553 5764 DANIEL J. KRAMER f)003/003
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of ,A.D. 20
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
day of ,A.D. 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville,Illinois 60560
630.553.9500
2
•
? 0 Yorkville Police Department Memorandum
804 Game Farm Road
EST.AN 1836 Yorkville, Illinois 60560
Telephone: 630-553-4340
P I nj Fax: 630-553-1141
00III Seat
<L
Date: March 2, 2004
To: Mayor Arthur Prochaska %
iFrom: Chief Harold Martin
Reference: Nomination for the Saved by the Belt Award
Art, Officer Jonathon Helland has requested that we award his nominee, Jodie Chiavario
of Leland, Illinois a Saved by the Belt Award (Please see attached nomination form).
This award goes along with our "Click it or Ticket" Campaign as well as our commitment
to the use of Seat Belts and Traffic Safety. This will be our first award for the Saved by
the Belt Award. Officer Helland has been working on this program and has taken it to
the next step. We would request that you present her a framed certificate at our next
City Council Meeting, being held Tuesday, March 9th, 2004. Officer Helland already has
the frame and certificate prepared.
I believe this is another positive and proactive way to reach out to our citizens.
Everyone should be made aware that Seat Belts do work and everyone should be
wearing them. This may also assist us in future State Traffic Grants.
Jam , o Yorkville Police Department Memorandum
804 Game Farm Road
EST.4 1836 Yorkville, Illinois 60560
-��
Telephone: 630-553-4340
�� O Fax: 630-553-1141
Date: February 23, 2004
To: Chief Martin #201
From: School Resource Officer Helland #218
Ref: Nomination for the Saved by the Belt Award
I would like to make a nomination for the new Saved by the Belt Award. The nominee is Jodie Chiavario,
a resident of Leland. Chiavario was involved in a crash on February 9th on Rt. 34 at Eldamain Rd.
Chiavario was travelling eastbound on Rt. 34 when a vehicle crossed over into her lane and hit Chiavario
head-on. There was extensive damage to Chiavario's vehicle, and she was transported to the hospital for
injuries. The injuries that Chiavario sustained were a broken arm and wrist. Chiavario was wearing her
seat belt and because of this major or fatal injury was prevented. According to the responding Officer
(S. Cernekee #216) and Chiavario, both feel that she would have sustained major or fatal injury in this
crash if a seat belt would not have been used. I feel that Chiavario is a great nominee for this award and
I hope we can give her the award at the next City Council meeting.
Submitted,
Jon L. Helland #218
High School Resource Officer
Yorkville Police Department
02/19/2004 15:59 FAX 630 553 5764 DANIEL J. KRAMER 002/034
Revised February 10,2004
February 16 & 18, 2004
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN
THE UNITED CITY OF YORKVILLE
AND
PROGRESS HOLDINGS,LLC, a Wisconsin Limited Liability Company
THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this
day of , 2004,by and between THE UNITED CITY OF YORKVILLE,
Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "CITY", and PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability
Company, hereinafter referred to as"OWNER/DEVELOPER/DEVELOPER", hereinafter
referred to as "OWNER/DEVELOPER", upon the following terms and conditions:
WITNESSETH
WHEREAS, the OWNER/DEVELOPER holds legal title to the real property which is
currently located within the municipal boundaries of the CITY and described in Exhibit"A"
("PROPERTY")which is attached hereto and made a part hereof; and
WHEREAS, the DEVELOPER is desirous of using said PROPERTY described in
Exhibit"A" for B-3 General Business District use, and is desirous of assuring to it that said real
property can be used for Service Business District use and all uses set out within this Agreement
as attached hereto and incorporated herein as Exhibit"D", and to assure the right to uses under
the B-3 General Business District as is time-to-time amended by the CITY; and
WHEREAS, the CITY has considered the tract of PROPERTY herein described in
Exhibit"A" for B-3 General Business District in order to provide for the orderly development
thereof; and
WHEREAS, the OWNER/DEVELOPER of the PROPERTY described in Exhibit "A"
have requested the CITY to approve this Planned Unit Development Agreement and Final Plat
for the PROPERTY; and its Plan Commission has considered the Petition; and the City Council
has heretofore approved the proposed land use and the zoning of the same at the request of the
OWNER/DEVELOPER; and
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02/19/2004 15.59 FAX 630 553 5764 DANIEL J. KRAMER a 003/034
WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and
conditions upon which the PROPERTY heretofore described in Exhibit"A"will be developed
within the CITY in an orderly manner; and
WHEREAS, OWNER/DEVELOPER and their representatives have discussed the
proposed Planned Unit Development Agreement and the development of all the PROPERTY and
have had 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
Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such
case made and provided.
WHEREAS, the Plan Commission and City Council of the United City of Yorkville have
further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested
Planned Unit Development and the Special UseforLot
2 allowingfor a Gasoline Service Station
selling petroleum,petroleum related products and convenience store meeting the following
standards:
(i) The establishment, maintenance or operation of the special use will not be
unreasonably detrimental to or endanger the public health, safety, morals, comfort
or general welfare.
(ii) The special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purpose already permitted,nor substantially
diminish and impair property values within the neighborhood.
(iii) The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district,
(iv) Adequate utilities, access roads, drainage or other necessary facilities have been or
are being provided.
(v) Adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets.
(vi) The special use shall in all other respects conform to the applicable regulations of
the district in which it is located.
(vii) The uses permitted by such exceptions as may be requested or recommended are
necessary or desirable and appropriate to the purpose of the development.
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02/19/2004 16 00 FAX 630 553 5764 DANIEL J. KRAMER Z004/034
(viii) The uses permitted in such development are not of such nature or so located as to
exercise an undue detrimental influence or effect upon the surrounding
neighborhood.
(ix) That all minimum requirements pertaining to commercial uses established in the
planned development shall be subject to the requirements for each individual
classification as established elsewhere in this Title, except as may be specifically
varied herein granting and establishing a planned development use.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained,the parties agree, under the terms and authority provided in 65 ILCS 5/11-15
through 65 ILCS 13.1-1.1(2002), as amended, as follows:
SECTION 1.
The CITY in consideration of each party being bound by the terms, covenants, and
conditions contained herein, upon execution of this Agreement and accompanying Ordinance
approving the Planned Unit Development Agreement does hereby approve this Agreement on
behalf of the CITY.
SECTION 2. DEVELOPMENT OF THE PROPERTY.
It is contemplated that the PROPERTY consisting of approximately 139,889 square feet
will be developed by OWNER/DEVELOPER, Regardless of whether OWNER/DEVELOPER
or a third party acquires or develops any specific portion of the PROPERTY, the development of
the PROPERTY shall be carried out in general conformity with the development standards
hereinafter set forth in this Planned Unit Development Agreement and the Combined Planned
Unit Development Plans and Final Plans.
To the extent of any conflict, ambiguity or inconsistency between the terms,provision or
standards contained in this Agreement and the terms,provisions or standards, either presently
existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance,
Landscape Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other
City code,ordinance or regulation,(collectively defined herein as "Development Ordinances")
the terms,provision and standards of this Agreement shall govern and control, These
Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the
dates of this Agreement, and any amendment to the Development Ordinances shall not apply to
the PROPERTY. Notwithstanding the foregoing, if any City code,ordinance or regulation is
hereafter adopted or amended as to life safety issues which are applied uniformly within the
CITY said Ordinance shall apply for that purpose to the PROPERTY.
—3—
02/19/2004 16:00 FAX 330 553 5764 DANIEL J. KRAMER V)005/034
All Development Ordinances in effect as of the date of this Ordinance shall continue in
effect insofar as they relate to the development of the PROPERTY, except as provided in this
Agreement. These Development Ordinances shall be frozen from the date of this Agreement and
any amendments to these Development Ordinances shall not apply to the PROPERTY for a
period of five years from the date of execution of this Agreement except as stated for life safety
issues.
Fees and charges may be assessed against the PROPERTY provided any such fee or
charge is or shall be collected by the CITY on a uniform basis from all OWNER/DEVELOPER,
users and developers of property within the CITY. The CITY shall not increase the amount of
any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection
fees, utility fees, application fees or use fees for the PROPERTY unless such increases are: (i)
made generally applicable to all OWNERS/DEVELOPERS,users and developers of property
within the CITY; and(ii) such increases are reasonably related to increased costs incurred by the
CITY in providing the services for which such fee is assessed. All landscaping and final grading
on individual lots shall be the sole responsibility of the person or entity seeking issuance of the
building permit for such improvement or the person or entity who are the
OWNERS/DEVELOPERS of an individual lot on the date when such improvements are required
to be installed, and OWNER/DEVELOPER'S responsibilities relating to such activity shall be
deemed assigned to and accepted by said applicant or subsequent OWNER/DEVELOPER.
A. APPROVED P.U.D. PLANS.
The following combined plans for the PROPERTY have been reviewed by the
Yorkville Plan Commission and the City Council and are hereby approved by the CITY:
(i) P.U.D. Site Plan (Exhibit "B-1")("P.U.D. Plan");
(ii) Preliminary Landscape Plan(Exhibit"B-2");
The P.U,D, Site Plan, and Preliminary Landscape Plan are sometimes referred to
collectively as the"Combined P.U.D. Plans". The Combined F.U.D.Plans are approved by the
CITY in their entirety and any provision or requirement contained in any ordinance,regulation,
directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or
element of the Combined P.U.D, Plans shall be deemed varied hereby so as to conform with and
permit the development,use, maintenance and operation of the PROPERTY in substantial
conformity with the Combined P.U.D.Plans. All references in this Agreement to a lot number
(i.e., Lot 1, Lot 2, etc.) shall mean the corresponding lot as identified on the Final Plat of
Subdivision and P.U.D. Plan.
B. OWNER/DEVELOPER has represented to the CITY and the CITY acknowledges
that the lots identified on the Final Plat of Subdivision may be changed in the
future. Any Final Plat of Subdivision("Final Plat")shall be in substantial
conformance with the P.U.D.Plan if the Final Plat meets the bulk lot standards as
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02/19/2004 16: 00 FAX 630 553 5764 DANIEL J. KRAMER 006/034
provided in Section Two of the Agreement. Changing the location of the lot lines
shall not be considered a change of the P.U.D. Plan or this Agreement so long as
the Final Plat meets the bulk standards as provided in Section Two of this
Agreement. There shall be a time limit of twenty(20)years between approval of
the P,U,D. Plan and submission of the Final Plat for approval by the CITY.
OWNER/DEVELOPER shall have the right to subdivide and resubdivide the
PROPERTY into lot configurations other than as shown on the P.U.D. Plan or
Final Plat of Subdivision, so long as each such lot so platted complies with the
requirements of the Yorkville Municipal Code, except as amended by or
otherwise provided in this Agreement. A resubdivision of any approved final plat
of subdivision shall not be considered a change to the final plat.
C. APPROVED FINAL PLANS
The following combined final plans for Lots 1 through 3 on the PROPERTY have
been reviewed by the City and are hereby approved by the City:
(i) Lot 1 through Lot 3 P.U.D. Site Plan(Exhibit"C-i")
(ii) Lot 1 through Lot 3 Final Landscape Plan(Exhibit "C-2")
The Lot 1 through Lot 3 Site Plan, and Landscape Plan, are sometimes referred to
collectively as the"Lot 1 through 3 Final Plans". The Lot 1 through 3 Final Plans are approved
by the CITY in their entirety. The Final Engineering Plans are required to be reviewed or
approved by the CITY as a condition precedent to OWNER/DEVELOPER applying for and
receiving grading, foundation,building and occupancy permits on Lots 1 through 3,provided
DEVELOPER complies with all requirements for obtaining such permits as provided in the City
Codes, except as amended by this Agreement The Lots 1 through 3 Final Plans are approved by
the CITY in their entirety and any provision or requirement contained in any ordinance,
regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any
aspect or element of the Lots l through 3 Final Plans shall be deemed varied hereby so as to
conform with and permit the development, use, maintenance and operation of the PROPERTY in
substantial conformity with the Lots 1 through 3 Final Plans.
D. RESUBDIVISION
Any lot may be resubdivided in conformance with the Plat Act from time to time
into two or more lots after or concurrently with the initial final plat of subdivision for each such
lot. In the event, however, following the approval and recordation of the initial plat of
subdivision of each Lot contained within the PROPERTY, OWNER/DEVELOPER shall be
entitled to resubdivide each such lot without further Plan Commission review provided the
following conditions are met:
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(i) All resubdivided lots shall comply with the standards of this Ordinance;
(ii) Each resubdivided lot shall have access by way of fee title or recorded
easements of record in form reasonably acceptable to the CITY to:
1. A public street for ingress and egress;
2. Water mains;
3. Sanitary sewers;
4. Storm sewers;
5. Electric distribution facilities; and
6. Such other public utilities as may be necessary and appropriate for
the use and occupancy of such subdivided lot.
(iii) Utilities for which easements shall be necessary as set forth in(ii), above,
shall be installed and accepted or collateralized in accordance with the
Yorkville Municipal Code.
(iv) Each subdivided lot shall have sufficient off-street parking located thereon
as provided in the Yorkville Ordinance or have access to and use of off-
street parking on other portions of the PROPERTY by way of easements
as provided in Section 2H(ii).
E. ARCHITECTURAL ELEMENTS
Any changes to the elevations for Lots 1-3 prior to receipt of a building permit
shall be reviewed and approved by staff if the revised elevations comply with BOCA code
requirements.
F. LAND USE FOR THE PROPERTY
Except as otherwise provided in this Agreement, the development and use of the
PROPERTY shall comply with the standards established under the"B-3"zoning classification as
set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the
Yorkville Municipal Code, as amended from time to time,this Agreement shall govern, as
provided by Section 2 and 5 of this Agreement.
(i) Uses, Those uses listed in Exhibit"D" attached hereto shall constitute
permitted uses or special uses on the PROPERTY(individually a
"Permitted Use" and collectively the"Permitted Uses"). Any uses not
listed in Exhibit"D"shall be deemed special uses and shall require
subsequent application by the applicable OWNER/DEVELOPER pursuant
to provisions for special use under the Yorkville Municipal Code. The
permitted uses and special uses listed in Exhibit"D"shall survive any
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amendments to the Yorkville Municipal Code. Any application for
Special Use shall be processed in conformance with the Yorkville
Municipal Code.
(ii) Building Height. The maximum height of any building or structure shall
be feet to the top of the parapet wall, exclusive of the screened
rooftop mechanical equipment and its aesthetic architectural features as
measured from the average finished ground level at the perimeter of the
building.
(iii) Setback and Yard Requirements. Building and Landscaping setback
requirements from public street rights-of-way, roadway easements and
adjacent land uses for each lot within the PROPERTY shall be as
identified on the P.U.D.Plan attached as Exhibit"C-1". If DOT requests
DEVELOPER to convey property or condemns property for additional
right-of-way, the required setbacks for the PROPERTY as shown on the
P.U.D. Plan shall always be measured from the existing property line so
that the PROPERTY shall continue to comply with this Agreement and
shall not be considered non-conforming by the CITY. The development of
the property shall conform with the building setback,parking setbacks,
and landscape setbacks stated and depicted on Exhibit"C-1"attached
hereto and incorporated herein by reference.
(iv) Number of Buildings. Each zoning lot may contain one principal building,
together with any accessory uses.
G. PARKING AND LOADING BERTH REQUIREMENTS
Except as expressly deviated in this Agreement,the off-street parking regulations
shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the
Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions
shall apply to the PROPERTY, notwithstanding any later amendments to this Section by the
CITY. Parking spaces shall be a minimum of 9 feet by 18 feet.
(i) Drive-thru: Any facility containing a drive thru drugstore shall contain
stacking for a minimum of 3 cars per service window.
(ii) Location of Parking: Parking for any use can be located either: 1)on the
lot upon which the use is located; 2) on other lots of the PROPERTY with
a properly recorded cross-access easement for parking between the two
lots.
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H. PERIMETER LANDSCAPING AND BUFFERING
(i) The PROPERTY and each lot contained therein shall be landscaped in
substantial compliance with the Final Landscape Plan attached hereto as
Exhibit "C-2". The OWNER/DEVELOPER.of each lot shall only be
responsible for installing and maintaining that portion of the perimeter
landscaping identified on the Perimeter Landscape Plan located upon such
OWNER/DEVELOPER'S or Developer's lot. The landscaping for each lot
within the PROPERTY shall be installed prior to the issuance of any
occupancy permit for the principal structure on such lot,weather
permitting, or, in the event of adverse weather conditions,within sixty(60)
days following the commencement of the next successive planting season
following issuance of such occupancy permit.
(ii) Perimeter landscaping may be phased. However, said landscaping shall be
installed on a lot by lot basis prior to the issuance of a final occupancy
permit for each lot. The landscaping for each lot within the PROPERTY
shall be installed prior to the issuance of any occupancy permit for the
principal structure on such lot, weather permitting, or, in the event of
adverse weather conditions, within sixty(60) days following the
commencement of the next successive planting season following issuance
of such occupancy permit.
The perimeter landscape standards set forth in this Agreement and in the
Perimeter Landscape Plan shall be the only perimeter landscape standards
or ordinance applicable to the PROPERTY.
1. INTERIOR LOT LANDSCAPING
The interior lot landscaping plans to be submitted to the City Staff pursuant to
Section 2F of this Agreement shall contain all of the information reasonably necessary to assess
its compliance with this Section of the Agreement. Such plan shall be in substantially the same
format as the Perimeter Landscaping Plan.
3. BUILDING AND PARKING ENVELOPE
The P.U.D. Plan (Exhibit`B-1") identifies envelopes within which the building or
buildings and parking lot on each lot within the PROPERTY may be constructed("Building and
Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable
flexibility in design,configuration and location of the commercial buildings within the Building
and Parking Envelope. The actual building footprint and parking lot location for each building
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constructed within the PROPERTY may be adjusted to meet the reasonable needs and
requirements of the uses of such building provided such building footprint and parking lot
location is located within the Building and Parking Envelope as identified on the P.U.D. Plan.
K. EXTERIOR LIGHTING
All exterior pole mounted lighting constructed on the PROPERTY shall not
exceed a maximum height of 30_feet, measured from the pavement. Said lighting shall be white
light, downcast,not to exceed an average of seven (7) footcandles, DEVELOPER may place
accent lighting, at its sole discretion, to illuminate the building and any of the lot's entrances, so
long as the light leaving the site does not exceed City Code,
SECTION 3. ROADWAYS, STREETS AND ACCESS.
A. ACCESS LOCATIONS
(i) Approval of access points by the IDOT must be obtained prior to the
issuance of a Certificate of Occupancy by the CITY.
(ii) The CITY shall use its best efforts with IDOT to obtain the access points
to the PROPERTY shown on the Final Site Plans(Exhibit"C-1").
(iii) The CITY shall use its best efforts with to cooperate with the owner of the
adjacent property to the south and west of the Property to secure a cross
access easement to the adjacent development for the benefit of public
health and safety,
B. CITY COOPERATION
As to those locations over which the CITY has jurisdiction, the CITY shall issue
all necessary approvals and permits for curb cuts and access locations,pursuant to any
application for a Final Plat of Subdivision. As to all other curb cuts and access locations,
OWNER/DEVELOPER or subsequent lot OWNER/DEVELOPER shall be responsible for
obtaining all necessary approvals and permits from the governmental authority with jurisdiction
thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of,
DEVELOPER or subsequent lot OWNER/DEVELOPER in obtaining said approvals and
permits.
SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT.
The PROPERTY shall be developed in substantial compliance with the Combined
Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to
the Planned Development hereby approved shall be evaluated and processed as follows:
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A. DEFINITIONS
(i) Major Changes: Major changes shall include any changes to the Planned
Development which require an amendment of this Agreement, or any other
change for which a public hearing is required by law or by the Yorkville
Municipal Code, except as specifically provided herein.
(ii) Minor Changes: Minor changes shall include any change not defined
herein as a major change or a technical change. Minor changes shall
include,but not be limited to,changes to the Combined P.U.D. Plans, Lots
1 through 3 Plans or approved Additional Plans and Materials that do not
alter the intent of this Agreement. A substantial resubdivision of the entire
PROPERTY of an approved Final Plat of Subdivision may be considered a
minor change of the P.U.D.Plan and the Final Plat of Subdivision and
require Plan Commission and City Council approval,but no public
hearing.
(iii) Technical Changes: Technical changes shall include any change to the
engineering plans and specifications, and any change to the building plans,
which is determined by the City Engineering,Director of Public Works,
Building Commissioner, Fire Chief,Director of Planning or Director of
Economic Development as the case may be,to be: (i) in substantial
compliance with the Combined P.U.D. Plans as approved by the City
Council and; (ii)in compliance with the Yorkville Municipal Code,
except as specifically varied or deviated as provided in Section 2 and 5 of
this Agreement herein. Technical changes shall include,but not be limited
to: t)relocation of any road, sidewalk or easement; 2) alteration to any
Storm Detention Facility.
(iv) Items Not Considered Changes: The CITY acknowledges that any change
of lot lines from the P.U.D. Plan to the Final Plat of Subdivision shall not
be considered a change of the Planned Unit Development Agreement.
B. PROCEDURES
(i) Major changes may be approved by the City Council after public hearing
and recommendation by the Yorkville Plan Commission pursuant to
submittal and processing of a petition to amend the Special Use as a
Planned Development and a petition for preliminary plan approval, as set
forth in the Yorkville Municipal Code. Major changes shall only require
approval by a majority of the City Council.
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(ii) Minor changes may be approved by the City Council without Yorkville
Plan Commission review or public hearing. Minor changes shall only
require approval by a majority of the City Council.
(iv) Technical changes may be approved by the City Engineer, Director of
Public Works, Building official, City Administrator, or other City
personnel so empowered by the City Council as the case may be.
SECTION 5. DEVIATIONS.
To the extent that any element of the Combined P.U.D. Plans, Lot 1 through 3 Final
Plans, Additional Plans and Materials, final plans, final plats, or this Agreement,deviate from the
standards of the Subdivision Regulations, Zoning Ordinance, Sign Ordinance,Landscape
Ordinance or other ordinance of the CITY,or any amendments thereto, or any other City of
Yorkville ordinances, appropriate deviations, exceptions or("Deviations")to the applicable
ordinance shall be deemed to be granted hereby.
SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS.
A. EASEMENT REQUIREMENTS
All landscape,public utility,drainage, cross-access and related maintenance
agreements, and storrnwater detention easements to be granted to the CITY upon,under and
across portions of the PROPERTY shall be established through the recordation,by the then
OWNER/DEVELOPER or OWNERS/DEVELOPERS of the land affected,of an as-built
easement plat,plotting the location of each easement granted based upon the actual location of
the utility line, structure or basin as constructed. All such easements required for the
PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit
within the PROPERTY.
B. UTILITIES AND OFF-SITE ROADWAYS
All utilities may be phased. Any lot to be developed shall provide minimum
utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed
during further phases of development may enhance service of lots already developed and may
require abandonment of previously installed utilities.
SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION.
CITY acknowledges and agrees that stormwater detention required as part of the
development of the PROPERTY may be located either on the PROPERTY or"off-site", so long
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as OWNER/DEVELOPER obtains a written recorded easement for drainage purposes and
submits the same to the City Engineer for approval. The detention provided for the PROPERTY
shall meet applicable City ordinances.
SECTION S. SANITARY SEWER SERVICE.
The CITY shall allow OWNER/DEVELOPER connection to the sanitary sewers as
required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns,
operates and maintains a sanitary sewer system within its borders of the subject PROPERTY,
which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer
requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with
the P.U.D. Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all
necessary off-site easements and shall grant OWNER/DEVELOPER access to all CITY-owned
rights-of-way to enable OWNER'S/DEVELOPER'S provision of sanitary sewer service to the
PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of
sanitary sewer lines to its condition existing prior to said construction.
SECTION 9. POTABLE WATER SERVICE.
The CITY represents and warrants that it owns, operates and maintains a potable water
supply and distribution system within its borders and water mains within the right-of-way along a
portion of the perimeter of the PROPERTY,which system and mains have, sufficient capacity
and pressure to accommodate the anticipated potable water and fire protection needs of the
PROPERTY to the extent the PROPERTY is developed in accordance with the P,U.D. Plan. The
OWNER/DEVELOPER agrees that at least two sources of water shall be available for the
property as indicated on the Final Engineering Plan. The CITY shall cooperate with
OWNER/DEVELOPER in obtaining all off-site easements necessary and shall grant
OWNER/DEVELOPER access to all CITY owned right-of-way to enable
OWNER'S/DEVELOPER'S provision of potable water service to the PROPERTY.
OWNER/DEVELOPER shall restore property affected by off-site extension of water lines to its
condition existing prior to said construction.
SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE
PROPERTY FOR DEVELOPMENT.
A) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of a Final Plat of Subdivision, to undertake
preliminary grading work, filling and soil stockpiling, which plans shall be reasonably
satisfactory to the City Engineer, so long as OWNER/DEVELOPER complies with the Site
Development Permit requirements of the United City of Yorkville Soil Erosion and Sediment
Control Ordinance.
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B) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install
foundations and steel frames for buildings prior to its approval and recording of a Final Plat on
the property only if applicable building permits have been applied for and issued by the CITY.
C) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of the Final Plat of Subdivision,may install
underground utilities, only after all necessary EPA and CITY permits for extension of municipal
utilities have been granted in preparation for the development of the PROPERTY.
D) Any such work undertaken by OWNER/DEVELOPER shall be at the sole risk of
the OWNER/DEVELOPER and without injury to the property of surrounding property
OWNER/DEVELOPER. No letter of credit, bond or other security shall be required by
OWNER/DEVELOPER as a condition precedent to the commencement of such work.
SECTION 11. BUILDING PERMITS.
The CITY shall issue building permits for construction of improvements upon the
PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If
the application is denied,the CITY shall provide a written statement within said period
specifying the reasons for denial of the application including specifications of the requirements
of law which the application or supporting documents fail to meet. The CITY shall review and
provide written comments or approve the resubmittal plans within fourteen(14) calendar days of
the resubmittal. The CITY shall issue such building permits upon compliance with those
requirements. OWNER/DEVELOPER may apply for and the CITY shall issue building permits
for portions of the PROPERTY after approval but prior to recordation of a Final Plat for any such
portion of the PROPERTY, and prior to the installation and availability of storm sewer, sanitary
sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside
the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must
all be in place prior to issuance of said permits. Notwithstanding the foregoing, no occupancy
permits shall be issued for such portions of the PROPERTY until the availability of such utilities
to the structure in question is demonstrated, including a binder course of pavement on the street
fronting the structure seeking an occupancy permit.
Prior to the DEVELOPER, its lessees or successors and assigns receiving a building
permit, a recorded reciprocal easement agreement for stormwater maintenance must be provided
to the CITY.
SECTION 12. CERTIFICATES OF OCCUPANCY.
The CITY shall issue certificates of occupancy for buildings constructed within the
PROPERTY within three(3)working days subsequent to application therefore, or issue a letter
of denial within said period informing the applicant specifically as to what corrections are
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necessary as a condition to the issuance of a certificate. Inability, due to adverse weather
conditions, to install a final surface course on driveways, service walks,public sidewalks, stoops,
landscaping(including parkway trees) and final grading, shall not delay the issuance of a
temporary certificate of occupancy,which shall contain specific deadlines for completion of each
of the items not completed. The CITY shall not issue a final occupancy permit unless the Final
Plat of Subdivision for the PROPERTY is recorded.
SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS.
A. Approval of any payout reduction of the bond posted to secure certain
improvements, as required by the Yorkville Subdivision Ordinance("Reduction") shall not be
withheld if the bonded improvements substantially conform to the Final Engineering Plan.
Improvements requiring a bond shall be as per City Ordinances and Standard City Bond Forms
for Public Improvements a copy of which is attached hereto as Exhibit"F". If public or private
improvements, grading or landscaping are not completed per plans,DEVELOPER shall post a
bond or letter of credit for 110%of estimated cost of completion or certificate of occupancy may
be withheld as to affected areas of the PROPERTY by the CITY. The CITY shall, within sixty
(60)days from the request for the Reduction and after receipt of the appropriate lien waivers
from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing
of the reason or reasons for not approving said payout or Reduction. Upon satisfying said
reasons and notification by DEVELOPER to the City Engineer, the City Council may authorize
the Reduction. Neither the CITY or the City Engineer shall require the DEVELOPER to install,
construct or pay for any other improvements not included in the Final Engineering as approved
by the CITY concurrent with the Final Plat approval.
B. Within twenty(20) days following a DEVELOPER's request therefore,
underground Public Improvements, and surface level structures appurtenant thereto, shall be
inspected by the CITY and certificates of completion issued therefore by the CITY upon a
finding of compliance with the final engineering plans pertaining thereto. The responsible
DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to
post a maintenance bond in the amount of ten percent(10%)of the cost of constructing such
Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated
herein as Exhibit"E", to guarantee the workmanship and materials of such Public Improvements
for a period of twelve(12) months following the date of acceptance by the City Council. Upon
the expiration of said twelve(12)month guarantee period,the CITY shall make a final inspection
of such Public Improvements, and upon the correction by DEVELOPER of such defects or
damage as may then exist effecting the same, the CITY shall accept conveyance of such
underground Public Improvements from such DEVELOPER by bill of sale or such other
conveyance device as may be approved by the City attorney.
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SECTION 14. SPECIAL ASSESSMENTS AND TAXATION. (If there is common
signage, parking, maintenance or detention)
Without the prior written consent of OWNER/DEVELOPER,the CITY shall not, within
ten (10)years from the execution of this Agreement:
A. any special assessment or special tax for the cost of any improvements in or for
the benefit of the PROPERTY except as specified herein; or
B. undertake any local improvements in, on or for the benefit of the PROPERTY
pursuant to the imposition of a special assessment or special tax against the
PROPERTY, or any portion thereof; or
C. levy or impose additional taxes on the PROPERTY, in the manner provided by
law for the provision of special services to the PROPERTY or to an area in which
the PROPERTY is located or for the payment of debt incurred in order to provide
such special services.
D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site
of the PROPERTY maintenance of detention, perimeter landscaping,ponds, and
common subdivision signage which is located on the PROPERTY only, not off-
site signs, which shall only be activated in the event DEVELOPER or its assigns
fail to maintain those elements of the subject real PROPERTY. DEVELOPER
shall submit a written waiver and consent of the Back-Up Special Tax Service
Area prior to issuance of the first certificate of occupancy on the subject premises.
The Back-Up Special Tax Service Area shall not be levied upon by the CITY
without providing a ninety(90)day advance written notice to DEVELOPER or
any active property OWNERiDEVELOPERs' association allowing them an
opportunity to cure any maintenance default weather permitting or labor or other
force majeure that would delay performance being given consideration by the
CITY. This ninety(90) day notice and opportunity to cure period shall also be
tolled if the DEVELOPER has ordered material to cure the defects but is still
awaiting delivery of that material. The levy sought may not exceed Twenty Five
Cents($.25) per One Thousand Dollars and 00/100($1,000.00) of assessed value.
Nothing in this Section 16 shall prevent the CITY from levying or imposing additional
property taxes upon the PROPERTY in the manner provided by law,which are applicable to and
apply equally to all other properties within the CITY.
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SECTION 15. RECAPTURE AGREEMENTS.
The CITY represents and warrants to DEVELOPER that there are no recapture fees that
are or shall become due and payable by the OWNER/DEVELOPER or DEVELOPER as a result
of connection to any utility or road improvements serving the PROPERTY.
SECTION 16. COMPLIANCE WITH STATE STATUTES.
In the event that any one or more provisions of this Agreement do not comply with any
one or more provisions of the Illinois Compiled Statutes or the governing rules of the Water
Pollution Control board or the Federal or State Environmental Protection Agencies, then the
CITY, OWNER/DEVELOPER, and DEVELOPER, and all of their respective successors and
assigns, agree to cooperate to comply with said provisions which shall include, but not be limited
to, the passage of resolutions and ordinances to accomplish such compliance.
SECTION 17. PLATTING OF LANDSCAPE BUFFERS.
All landscape buffers required under this Agreement may, in the sole discretion of the
responsible OWNER/DEVELOPER,be included within and platted as part of the applicable lot.
In such event, the OWNER/DEVELOPER of such lot within which the landscape buffer is
located, shall maintain, at such OWNER/DEVELOPER'S expense, the landscape material
contained therein following the responsible OWNER/DEVELOPER'S construction and
completion of such landscape buffer.
SECTION 18. CONVEYANCES.
Nothing contained in this Agreement shall be construed to restrict or limit the right of the
OWNER/DEVELOPER and/or DEVELOPER to sell or convey all or any portion of the
PROPERTY,whether improved or unimproved.
SECTION 19. CONFLICT IN REGULATIONS AND ORDINANCES.
The provisions of this Agreement and Ordinance approving this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of hereof.
SECTION 20. AMENDMENT TO THIS ORDINANCE.
This Agreement shall not be amended by the CITY without the prior written consent of
the DEVELOPER.
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SECTION 21. BINDING EFFECT,SUCCESSION IN INTEREST.
This Agreement and the Ordinance approving it shall constitute a covenant running with
the land and be binding upon and inure to the benefit of the parties hereto, their successors in
interest, assignees, lessees, and upon any successor municipal authorities of the CITY and
successor municipalities. Except as otherwise expressly provided herein,upon the conveyance or
assignment by OWNER/DEVELOPER of its interest in the PROPERTY to any successor,
assign, or nominee, OWNER/DEVELOPER and/or such DEVELOPER, as the case may be, shall
be released from any and all further liability or responsibility under this Ordinance except to the
extent previously undertaken by OWNER/DEVELOPER,or for which OWNER/DEVELOPER
has posted security to perform an obligation in which case OWNER/DEVELOPER shall be
bound to continue to complete its performance unless a replacement bond or letter of credit is
posted by the new OWNER/DEVELOPER or DEVELOPER, and accepted by the CITY which
shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be
released from the underlying obligation to perform. The CITY shall thereafter look only to the
successor, assign, or nominee of OWNER/DEVELOPER concerning the performance of such
duties and obligations of OWNER/DEVELOPER hereby undertaken.
SECTION 22. INCORPORATION OF EXHIBITS.
All exhibits attached to this Agreement are hereby incorporated herein and made a part of
the substance hereof.
SECTION 23. EFFECTIVE DATE.
The effective date of the Ordinance approving this Agreement shall be the date of
execution of this Agreement.
SECTION 24. 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: Mayor and City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge St.
Yorkville, IL 60560
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If to OWNER/DEVELOPER: Progress Holdings, LLC
Attn: Wade Joyner
407 W. Galena Blvd.
P,O. Box 1625
Aurora, IL 60507
or to such other addresses as any party may from time to time designate in a written
notice to the other parties.
SECTION 25. ENFORCEABILITY.
This Agreement shall be enforceable in any Court of competent jurisdictions by any of
the parties hereto by an appropriate action of law or in equity to secure the performance of the
covenants herein contained.
In the event any portion of said Agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall
be exercised there from and the remaining portions thereof shall remain in full force and effect.
SECTION 26, ENACTMENT OF ORDINANCES.
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise after the
execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
day of , 20 .
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attest:
CITY CLERK
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OWNER/DEVELOPER:
PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability Company
By:
Attest:
Dated:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—20—
02/19/2004 16: 02 FAX 630 553 5764 DANIEL J. KRAMER /0022/034
EXHIBIT LIST
Exhibit A - Legal description of property
Exhibit B - PUD Plans
Exhibit B-1 - Preliminary PUD Site Plan
Exhibit B-2 - Preliminary Landscape Plan
Exhibit C - Final PUD Plan
Exhibit C-1 - Final PUD Site Plan
Exhibit C-2 - Final Landscape Plan
Exhibit D - United City of Yorkville B-3 Business District
Exhibit E - Bond Form
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02/19/2004 16:03 FAX 630 553 5764 DANIEL J. KRAMER Z026/034
10-7D-1 10-7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-70-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales,
Business machine repair,
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
January 2000
City of Yorkville
Lxh1‘
02/19/2004 16 03 FAX 630 553 5764 DANIEL J KRAMER ai 027/034
10-7D-1 10-7d-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-warehouse storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation. ;tL,
Plumbing supplies lies and u fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
02/19/2004 16: 03 FAX 830 553 5764 DANIEL J. KRAMER GA 028/034
10-7D-1 10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord.
1995-20, 8-10-1995)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-70-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
January 2000
City of Yorkville
02/19/2004 16 03 FAX 630 553 5764 DANIEL J. KRAMER Z029/034
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a ..
variance to any petitioner seeking to vary the side yard requirements •
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
E. Parking Lot Setback Requirements:
1. Arterial Roadways: When a parking lot located in the B-3 Zoning
District Is located next to an arterial roadway, as defined in the City's
Comprehensive Plan, a twenty foot (20') setback from the property
line is required. .�
2. Nonarterial Roadways: When a parking lot located in the B-3 (g,
Zoning District is located next to a nonarterial roadway, as defined in
the City's Comprehensive Plan, a ten foot (10') setback from the
property line is required. (Ord. 1998-32, 11-5-1998)
10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7D-6: MAXIMUM BUILDING HEIGHT; No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998)
1 D-7D-7: OFF-STREET PARKING AND LOADING; All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
02/19/2004 16:03 FAX 630 553 5764 DANIEL J. KRAMER I030/034
IRREVOCABLE"'Ur-Jr TMPROVEMF NT BOND
Bond No.
KNOW ALL MEN$Y THESE PRESENTS, ,as
PRINCIPAL, a corporation organized and existing under the laws of the State of
, and authorized to do business in the State of Illinois, and
, as SURETY, a corporation
organized and existing under the laws of the State of , and authorized to
transact business in the State ofIllinois, are held and firmly bound unto the UNITED
CITY OF YORKVILLE,Illinois,a municipal corporation, as OBLIGEE, its successors
and assigns in the sum of
($ )Dollars, lawful money of the United States for the payment of
which to be made to the OBLIGEE,its successors and assigns. Said PRINCIPAL and
SURETY, hereby firmly bind ourselves, our heirs, administrators, executors,successors,
and assigns,jointly and severally,by this Irrevocable Bond. This Irrevocable Bond is
issued for the supply, installation and construction of all subdivision improvements
regarding the Subdivision, in
accordance with applicable UNITED CITY OF YORKVILLE ordinances, and plans and
specifications and the Development Agreement and/or Annexation Agreement for
Subdivision, as approved by the UNITED CITY OF
YORKVILLE, and as may be amended or modified from time to time by agreement of
PRINCIPAL AND OBLIGEE, including the following improvements:
1
Exhi `� C
�
02/19/2004 16:03 FAX 630 553 5764 DANIEL J. KRAMER Z031/034
DIVISION"A"—SANITARY SEWERS
(Engineers estimate=S )
DIVISION"B"—WATERMAIN
(Engineers estimate=S )
DIVISION"C"—STORM SEWERS
(Engineers estimate=$
DIVISION"IY'—STREETS
(Engineers estimate=S )
DIVISION"E"--DETENTION BASIN
(Engineers estimate=S - )
DIVISION"F'—MISCELLANEOUS IMPROVEMENTS
(Engineers estimate=S )
Total engineers estimate=S
The PRINCIPALL,has agreed to pay all expenses incurred by the OBLIGEE for
engineering, legal fees and other expenses in connection with the making of such
improvement(s); and that in the event of a default declared by the OBLIGEE,the
OBLIGEE shall have the authority to complete the work required, at the expense of the
PRINCIPAL and SURETY.
The condition of this obligation is such that if the OBLIGEE accepts the aforesaid
improvements by action of the Yorkville City Council, and the said PRINCIPAL posts
acceptable surety guaranteeing maintenance of the improvements for one(1)year,then
this obligation shall be null and void;otherwise it shall remain in full force and effect.
The SURETY will, upon written declaration of default by the OBLIGEE to the
PRINCIPAL and SURETY, at the option of the OBLIGEE, complete the
improvement(s), pay to the OBLIGEE or the PRINCIPAL such amounts up the principal
amount of thin Irrevocable Bond,which will allow the OBLIGEE or the PRINCIPAL to
complete the improvements,or pay the person designated by the OBLIGEE who has
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02/19/2004 16: 03 FAX 630 553 5764 DANIEL J. KRAMER Z032/034
completed the improvements.Failure of SURETY to honor the OBLIGEE'S demand of
e
either payment or performance within fifteen (15)business days shall constitute dishonor.
It is agreed that any one or more of the following exclusive list of circumstances
shall constitute a default by the PRINCIPAL,and shall entitle the OBLIGEE to make
demand on this Irrevocable Bond:
1. That the PRINCIPAL has failed to satisfactorily complete or carry on the
work, installation and construction of the required improvement(s),as
scheduled or at a faster pace; or
2. That the PRINCIPAL has demonstrated that it will be unable to complete the
improvements;or
3. That the improvemen (s)have been or are likely to be the subject of liens or
other claims by contractors, subcontractors or third parties.
This Irrevocable Bond sets forth in full the terms of the undertaking between
the SURETY and OBLIGEE, and such undertaking shall not in any way be
modified, amended, amplified or limited by reference of any document,
Instrument or agreement referred to herein. Any such reference shall not be
deemed to incorporate said document or agreement into this Irrevocable Bond, but
is made for the purpose of identifying the items and costs of completion. The
obligations of SURETY under the Irrevocable Bond are not dependent upon the
financial solvency of the PRINCIPAL and as such shall continue even if the
PRINCIPAL has filed bankruptcy.
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02/19/2004 16 03 FAX 630 553 5764 DANIEL J KRAMER L 033/034
This Irrevocable Bond shall remain in full force and effect and shall not be
discharged or reduced until release is granted in writing by certification of the
City Clerk and OBLIGEE'S acceptance of all of the improvements secured by
this Irrevocable Bond.
This Irrevocable Bond may be substituted by the PRINCIPAL and
SURETY prior to the completion of all the aforementioned improvement(s) by
submitting a new Irrevocable Bond in the same form and substance as this
Irrevocable Bond to the City Clerk in an amount equal to one hundred and ten
percent(110%)of the estimated cost to complete and pay for all the remai n ing
above described improvements, certified as remaining by OBLIGEE. Any
renewal, replacement or amendment of this Irrevocable Bond shall clearly state
the then current total balance as well as the amount applicable to each of the
estimates for public improvements which are the subject of this Irrevocable Bond.
The SURETY further agrees and commits to pay the OBLIGEE six
percent (6%)prejudgment interest and consequential damages, including an of its
costs and attorney's fees reasonably incurred in the enforcement of this
Irrevocable Bond if wrongfully dishonored by SURETY.
4
02/19/2004 16.04 FAX 630 553 5764 DANIEL J. KRAMER V)034/034
IN WITNESS WHEREOF,we have set our hands and seals this
day of 20_
By' By:
PRINCIPAL SURETY
By:
OBLIGEE
Anton Graff
City Administrator, United City of Yorkville
5
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03/04/2004 13:53 FAX 630 553 5764 DANIEL J. KRAMER Z005/007
Revised March 4, 2004
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A PLANNED UNIT DEVELOPMENT AGREEMENT OF
PROGRESS HOLDINGS,LLC, a Wisconsin Limited Liability Company
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Planned Unit Development Agreement pertaining to the development
of the real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
WHEREAS, said Planned Unit Development Agreement has been drafted and has been
considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as
required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended, for the
execution of said Planned Unit Development Agreement has been fully complied with; and
WHEREAS,the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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03/04/2004 13.59 FAX 630 553 5764 DANIEL J. KRAMER 0006/007
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, a Planned Unit Development Agreement concerning the development of the real
estate described therein, a copy of which Planned Unit Development Agreement is attached hereto
and made a part hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
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. 20 .
MAYOR
2
03/04/2004 13: 59 FAX 830 553 5764 DANIEL J. KRAMER V1007/007
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ,A.D, 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville,IL 60560
630,553.9500
3