HomeMy WebLinkAboutCity Council Packet 2004 04-13-04 ''')-
1 o United City of Yorkville
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'111111County Seat of Kendall County
EST.Alii 1836
� 800 Game Farm Road
rr Cl) Yorkville,Illinois 60560 AGENDA
O l- a7 O Phone:630-553-4350
11°t`'Z, `w�2 Fax:630-553-7575 CITY COUNCIL MEETING
4 L E CITY COUNCIL CHAMBERS
7:00 PM
Revised: 4/8/04 Tuesday,April 13, 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, April 26, 2004 To Be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Monday, April 19, 2004
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, May 13, 2004
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, April 22, 2004
City Hall Conference Room
----------------------------- ------------ -
Public Hearings:
1. Swanson Lane Estates - Cancelled by Owner, will republish
2. Proposed FY 2004-2005 Annual Budget
Citizen Comments:
Presentations: None
City Council Meeting Agenda
April 13, 2004
Page 2
Consent Agenda
1. York Meadows Apartments-accept public utilities for ownership and maintenance and reduce the letter of
credit to 10%for the one-year warranty period
2. Water Department Report for January 2004
3. North Tower Watermain Easement - authorize mayor and city clerk to execute
4. Grande Reserve Watermain Easement -authorize mayor and city clerk to execute
5. Police Reports-February 2004
6. Land Cash Value Analysis&Report-accept Thompson Appraisals recommendation for fair market value
of an improved acre of land at$73,500.00 per acre
7. RFP Technology Funding Recommendation-authorize Finance Director to execute in an amount not to
exceed$20,100.00. Amount of$16,798.00 to be paid FY 03/04, balance of$3302.00 to be paid FY
04/05, subject to approval of the FY 04/05 budget
8. Riverfront Shelter Bid Summary-award purchase and installation to Green-up Landscaping in an amount
not to exceed$44,150.00 and award installation to Mark 0 Malley in an amount not to exceed$7850.00
9. Country Hills Park Bid Summary-award construction and installation to Reil Construction in an amount
not to exceed$102,880.00 and award installation of the park lights and park sign to be completed by the
Park Staff in an amount not to exceed$7,400.00 and accept the scope of service and authorize Schoppe
Design to oversee the general contractor in an amount not to exceed$5,000.00
10. Corneils Road Overlay-approve estimated amount of$15,000.00 subject to approval of FY 04/05 Budget
11. Truck Purchase for Public Works -approve purchase of cab and chassis from Joe Hennessy's River Oaks
Ford in an amount not to exceed$22,330.00 and approve purchase of dump body, lights and plow from
Monroe Truck Equipment in an amount not to exceed$10,633.00
12. Cannonball Trail Booster Station& South PRV Station-award to L.J. Dodd Construction in an amount
not to exceed$511,255.75
13. Weather Warning Siren-Located at Bruell Lift Station-approve in an amount not to exceed$14,500.00
Plan Commission /Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council-None
Minutes of Committee of the Whole-July 1, 2003, July 17, 2003, and August 19, 2003
City Council Meeting Agenda
April 13, 2004
Page 3
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$662,467.84 (vendors)
$122,413.92 (payroll period ending 3/20/04)
$784,881.76 (total)
Reports:
Mayor's Report:
1. Presentation of"Saved by the Belt" Award to Kassandra Doty
2. Commendations: Helland, Hilt, and Klingel
3. Confidential Voluntary Disclosure Agreement Between Ameritech Advanced Data Services of
Illinois, Inc. and United City of Yorkville
4. Coffee with the Mayor: April 17th at AMG Homes from 9:00 - 11:00 a.m.
5. "Champions of Industry 300 Award" - Top 50 Communities to Live and Work In Nationwide
Attorney's Report:
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks&Recreation Report:
Community&Liaison Report:
Committee Reports:
Public Works Committee Report:
1. Hydraulic Avenue Interceptor: Agreements with Illinois Railnet
a. Pipeline Crossing Agreement— Crossing at 2157 feet East of Milepost 50
b. Pipeline Crossing Agreement— Crossing at 2892 feet East of Milepost 50
c. Pipeline Longitudinal Agreement—Beginning at 525 feet East Milepost 50 and Ending 2877 feet
East of Milepost 50 for a total of 2352 feet
City Council Meeting Agenda
April 13, 2004
Page 4
Committee Reports (con't):
Economic Development Committee Report:
1. Ordinance Authorizing Zoning Variance for 104 W. Somonauk
2. Tanglewood Trail 1 1/2 Mile Review
a. Ordinance Authorizing the Execution
b. Ordinance Annexing
3. Cornerstone PUD Amendment Agreement
a. Ordinance Authorizing the Execution
4. Resolution Approving Grande Reserve Units 1, 2, 3, 4, & 6 Final Plats
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:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
UBLIC 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
City Council Meeting Agenda
April 13, 2004
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 –2004 (con't)
hECONOMIC DEV ELOPM ENT1
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
1UBLIC 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
AD-HOC: TECHNOLOGY;
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
UNITED CITY OF
YORKVILLE
BUDGET HIGHLIGHTS
APRIL 2004
UNITED CITY OF YORKVILLE
PROPOSED BUDGET 2004-2005
GENERAL FUND SUMMARY
2004-2005
2003-2004 PROPOSED PERCENT
BUDGET BUDGET NET CHANGE CHANGE COMMENTS/HIGHLIGHTS
Does not include$3,310,000 for Bristol Ridge Road&In-Town
TOTAL GENERAL FUND Road Program funding/financing.
REVENUE 6,678,930 7,478,259 799,329 11.97% General Fund Revenue including these=$10,788,259
GENERAL FUND
EXPENSES
FINANCE &
ADMINISTRATION 3,370,836 3,967,465 596,629 17.70%
ENGINEERING 297,627 385,870 88,243 29.65%
POLICE 1,767,880 1,881,291 113,411 6.42%
BUILDING &ZONING 198,400 137,400 (61,000) -30.75%
Does not include$3,310,000 for Bristol Ridge Rd&In-town
STREETS 647,574 613,110 (: 4,4 i4) -5.32% Road Program. Actual expense=$3,923,110
HEALTH & SANITATION 396,613 493,123 96,510 24.33%
TOTAL GENERAL FUND
EXPENSES 6,678,930 7,478,259 799,329 11.97%
GENERAL FUND EXPENDITURES
2004-2005 PROPOSED BUDGET
STREETS 0 FINANCE&
BUILDING& $% ADMINISTRATION
ZONING 0 ENGINEERING
2% HEALTH &
POLICE \ ',SANITATION ■POLICE
25% 7/o
CIBUILDING&ZONING
ENGINEERING
5% FINANCE& II STREETS
ADMINISTRATION
50% 0 HEALTH&SANITATION
4/13/2004
United City of Yorkville
Proposed Budget 2004/2005
General Fund Summary
N Finance $3,967,465
5% 1% El Engineering $385,870
441w437%
36% ❑ Police $1 ,881 ,291
❑ Streets & Alleys $3,923,110**
17% 4%
❑ Health & Sanitation $493,123
Building & Zoning $137,400
$10,788,259 Total Budget**
**(Includes $3,310,000 Road Funding & Financing)
GENERAL FUND REVENUE
' ^ .
8,000,000
(),
7,000,000I 1)(3 ,.. -
6,000,000 I #
5,000,000 ��
0
4,000,000 fl
0
3 000 000 , , �� 4
01
270009000 000 000 ,.
tea
1,000,000 111
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0 , � ekit .4111.111111111'- lq '',, A1111111111111111 ' '. AIIIIIIIIIIIIIIII AMP'
FY 00/01 FY 01/02 FY 02/03 FY 03/04 FY 04/05
Budgeted Proposed*
*Excludes $3.3 million road funding/financing
, STATE REVENUES
Income Tax Motor Fuel Tax
600,000 ' , _ - 300,000 '
500,000 ' ■ 250,000 ■
^k c
400,000
ir U �N; t. 0,0
■ 20 00 ' „,..,1111111111. U
300,000 a* a ” 150,000
200,000
�I ■ ■ ■ ■ilimir-' ■ 100,000il ■ ■ ■ ■ ■
100,000 ' F' `�` ,
1 -, ■ ■ *�> ■,v% ,�l =', ■ 50,000
0
w
0
FY 00/01 01/02 02/03 03/04 04/05 FY 00/01 01/02 02/03 03/04 04/05
Budgeted Proposed Budgeted Proposed
Use Tax
80,000
60,000,, / / '
/ / /' .
40,000—z--
____
0,000-z
20,000—z-
0
0,000-0 r— r— --'7— r--
FY 00/01 01/02 02/03 03/04 04/05
Budgeted Proposed
FY 04/05 includes 12 months at 8,789 population
REALESTATE TAX REVENUES
1 ,400,000 ,gyp �'
1 ,200,000 ;
MUNICIPAL UTILITY TAX
600o
,000 p , ppa ;
bc
500,000 , 0, / 3
V �
400,000 , '�0,., �
i,:,!;° ,"..,,,,,:.!•!0'.'
300000r
'`I ,,,
200,000 `rr v x.
, ,... '1%.1;.: Rki ....:,,,,
100,000
pK iY4,.: ;.,fig S Sy'
m ,t l Nu
10",,,..., .1,fy�
0I I
FY 00/01 FY 01/02 FY 02/03 FY 03/04 1 FY 04/05
Budgeted Proposed
MUNICIPAL SALES TAX
2,000,000
1 ,800,000 0 ■
1,600,000 i
1,400,000 ■
,,zoo,000I . �� � � � ■
1 ,000,000 ir Etii
800,000 111
600,000
400,000 �, ■
200,000 II � � i ■
. AMEN AMINE
FY 00/01 FY 01/02 FY 02/03 FY 03/04 FY 04/05
Budgeted Proposed
•
REFUSE ANALYSIS
500,000 0 /Wry
450,0000 70.\ ��
400,000 IQQ Q'� ,,, v%� I
•
Q .4,...a..1„,., .
350,0000 I ; ./\Oj (1, �" I
300 000 I
,A t Np `O0 � `�iii
1„t �c. • x i4 ,moi
250,0000 } . �, ' �
f2 E 4µ,v ". 44 Isl.'
.x
200 000 � � "r" I
150 0000
, rn '::.„......:.':� I
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,7.,
100,000 0 :T;W';'''.
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q Pr'
da`yrn .!' '?.I ..
, . p , 1 , ,•,:';',,,,,,':',1',,;',.1::;',,,,',.,'',4,',e,"'...',:,'''';,::',
50,000 ,
;Al. ::
Al
0 All A :,-
FY 00/01 FY 01/02 FY 02/03 FY 03/04 Budgeted FY 04/05 Proposed
0 Refuse Expense/ Leaf Pickup 0 Refuse Surcharge 0 Levy Revenue
04/08/2004 15:44 9729071108 PATSUMMERALL PAGE 02
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"CHAMPIONS OF INDUSTRY 300 AWARD" ANNOUNCEMENT
VIDEO PRODUCTION AGREEMENT
Pat Summerall Productions United City of Yorkville
2105 Waterview Parkway 800 Game Farm Road
Richardson,TX 75080 Yorkville, IL 60560
Ron Bandy Arthur Prochaska
(972) 907-2525 (630) 553-4350
(972)907-1108 FAX (630) 553-7575 FAX.
This agreement is entered into by and between Pat Summerall Productions, 2105 Waterview
Parkway, Richardson, Texas 75080 (hereinafter referred to as PSP)and United City of Yorkville, 800 Came
Farm Road, Yorkville, IL 60560 (hereinafter referred to as"Participant").
PSP, a producer of various television, corporate and product videos, and the sponsor of the "Champions of
Industry 300 Award", desires to give the "Champions of Industry 300 Award" to Participant in recognition of
their contributions to the business and civic community. Participant desires to participate in the selection
process, and if selected receive the "Champions of Industry 300 Award". Execution of this agreement by PSP
constitutes Participant's selection for the "Champions of Industry 300 Award".
Therefore,both parties("Parties") mutually agree to the following provisions:
1. PSP will produce a two (2) minute video award announcement, narrated by John Criswell, of
Participant's selection for the "Champions of Industry 300 Award" and broadcast the "Champions of Industry
300 Award"video announcement one time on Headline News Network(11LN),on a weekday between 6:00—6:30
PM Eastern.
2. PSI'will also produce a five(5) to six(6)minute video brochure for selected Participant,using
footage gathered at the shoot for the two (2) minute video award announcement.This video brochure can be
utilized for the purpose of a corporate overview, recruiting or marketing.Mr. Troy Aikman will appear on
camera opening(30 seconds),on camera closing (30 seconds),and narrating the video. This five (5)to six (6)
minute video brochure shall also he posted on the World Wide Web on Industryview.com's website and linked
to Participant's website for a period of one(1)year. Participant may not use Troy Aikman's name or image
on their website, however PSP will provide Participant the "Champions of Industry 300 Award" logo for use
on their website.
3. Participant shall also be part of a full-page announcement in Forbes Magazine as one of Pat
Sunamerall's"Champions of Industry 300 Award"winners.
Participant's Total Expenses; $28,000.00.
4. The Terms of this Agreement are 50%of the Participant's Total Expenses($14,000.00)will be due
and payable within seven (7) days of the date of PSP's execution of this Agreement. The remaining 50%
($14,000.00) of the Total Expenses will be due and payable forty-five (45) days thereafter. Participant hereby
agrees to pay an administrative late charge of$100.00; and thereafter interest on past due amounts at the rate of
1.5% per month,from the date following the contractual due date(s) until the date paid in full.
04/06/2004 15:44 9729071108 PATSUMMERALL PAGE 03
5. Participant's Total Expenses include the following: one (1) videographer, travel to one (1)
location, one (1) day of shooting (8 hours), and one (1) day of editing (8-hours), scripting, Troy Aikman on
camera and voiceovcr for the live (5) to six (6) minute video brochure, music, tapestock, air-time, encoding and
streaming from Industryview.com's website for 1 year,one(1)set of visual changes(non-broadcast),as stipulated
in clause# 7 and (1)VHS copy of the two(2) minute video award announcement and (1)VHS copy of the five(5)
to six(6) minute video brochure.
6. Participant acknowledges and agrees that time is of the essence regarding the project agreed
herein. Participant agrees to"respond to PSP's requests for approvals in a timely manner as are provided for
herein, and as are periodically requested by PSP's personnel. Further, Participant agrees that a Shoot Date
WILL be confirmed in writing no later than fourteen (14) days from the date of PSP's execution of this
Agreement. Participant understands and agrees that if Participant fails to agree to a shoot date within the
fourteen(14)day period, the contemplated broadcast of the two(2)minute video award announcement cannot be
assured by PSP, and Participant risks forfeiture of the broadcast. Furthermore, this Agreement will be deemed
and stipulated to be fully performed by PSP and PSP's obligations hereunder will cease twelve(12)months from
the date of execution.
7. Participant will have reasonable script direction and approval of both the two (2) minute video
award announcement and the five (5)to six (6) minute video brochure, subject to Troy Aikman's final approval.
If Participant's scripts are not approved by the production deadline, scripts will be deemed approved.
Participant may request one set of visual changes to the live (5) to six (6) minute video brochure with the
exception of Troy Aikman's on-camera portion. All raw footage shot on location by PSP will be provided to
Participant on Beta SP upon project completion.
8. The Broadcast date for the two (2) minute video award announcement will be approximately
August 2004,
9. Participant will retain VHS re-usage rights to the five(5)to six(6) minute video brochure and the
two (2) minute video award announcement for promotional use in their business and community activities. The
Participant will not broadcast the two (2) minute video award announcement or the five (5) to six (6) minute
video brochure on free or pay television or via the Internet. PSP will retain copyrights and masters in and to the
two (2) minute video award announcement or the five (5) to six (6) minute video brochure, however Participant
may purchase additional copies at PSP's standard duplication rates.
10. Participant understands that the "Champions of Industry 300 Award", two (2) minute video
announcement, and the five (5)to six j6) minute video brochure are products of PSP and are not affiliated with
Headline News Network (HLN). Participant further understands that PSP must protect it's relationship with
Networks and affiliates, and must protect the image of the talent involved with this award proiect; therefore,
Participant agrees that: ten (10) days prier to anmid all press releases, promotional material of any kind, that
pertains to the Network, Broadcast, "Champions of Industry 300 Award", two (2) minute video announcement,
or the Talent,the Participant will forward such publicity (website or print) to PSP for review and approval.PSP
will respond in writing within (10)ten business days to such requests.
11. Except as provided for in clause #9,the Participant will not use Talent's name, image or likeness
in any way.
12, If any provision of this Agreement is held invalid or unenforceable, the balance of this Agreement
will remain in full force and effect.
13. The failure of PSP to insist upon strict adherence to any term of this Agreement on any occasion
will not be considered a waiver nor deprive PSP of the right thereafter to insist upon strict adherence to that term
or any other term of this Agreement. Any waiver must be in writing.
04/08/2004 15:44 9729071108 PATSUMMERALL PAGE 04
14, All provisions of this Video Production Agreement will be subject to and will be enforced and
construed pursuant to the Laws of the State of Texas, and is wholly performable and venue will be proper in
Dallas County,Texas.
15. Uncontrollable Events. Participant shall save and hold PSP, the parent company or any
subsidiaries harmless of and from any and all liability, and hereby agrees to make no claim of any nature on
PSP, the parent company, or any subsidiaries, Troy Aikman or Pat Summerali, as a result of Network pre-
empt, local cable system preempt, Network cancellation, Internet Provider cancellation, change of airdate,
time or the subsequent cancellation of the "Champions of Industry" project by Troy Aikman or by any other
person, or entity PSP shall use its best efforts, to the extent practicable, to notify Participant of any such
cancellation of talent, change of Network, airdate, time, program, or change of Internet Provider within
fifteen (15) days. PSP shall substitute similar (to the extent practicable) talent, program, Network, time, or
Internet Provider to perform this agreement, EXCEPT in the event of a local cable system preemption.
165. Incident to the performance of any on-location videotaping, it is hereby agreed by and between
the Parties, that both Parties will provide their own transportation. It is understood and hereby agreed that
neither party, its agents nor employees, will transport any agents or employees of the other party, and have no
Liability with respect to the other Party's employees.
17. The performance by PSP of any and all of it obligations hereunder is expressly conditioned upon
the payment by Participant of the Total Expenses pursuant to the terms of clause # 3, and the timely response
and compliance with all production deadlines as are provided herein in other clauses, and which are
communicated from time to time to Participant by PSP personnel. It is hereby acknowledged and agreed by the
parties that the promises, terms and conditions contained in this Agreement are deemed mutually dependent
reciprocal promises.
18. Any notice or communication required or permitted to be in writing may be served by facsimile
transmission (FAX), Notice in this manner will be effective if and when received by the parties to be notified.
Any SIGNED document transmitted by FAX machine will be treated in all manner and respects as an
ORIGINAL document.
O. This Agreement constitutes and expresses the entire understanding of the parties hereto in
reference to all matters referred to herein; all previous discussions, promises, representations and
understandings relative thereto, if any, had between the parties hereto, are herein merged. It may not be
changed orally, but only by an agreement in writing signed by both parties, This Agreement is non-cancelable
and non-refundable.
20. Each signatory to this Agreement expressly warrants that he or she has the necessary authority to
execute this Agreement on behalf of the Corporate Principal, and to bind said Corporate Principal to perform
this Agreement thereby.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and the year
written below.
PAT SUMMERALL PRODUCTIONS UNITED CITY OF YORKVILLE
By: By:
Title: Title:
Printed Signatory Name Printed Signatory Name
Date: Date:
•
LAND CASH
VALUATION ANALYSIS & REPORT
PREPARED FOR
Honorable Arthur F. Prochaska, Jr.
Mayor, City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
• DATE OF VALUATION: March 8, 2004
DATE OF REPORT: March 20, 2004
PREPARED BY:
THOMPSON APPRAISALS
DAVID E. THOMPSON
CRA/CIAO
STATE IDENTIFICATION # 153-001147
Certified General Real Estate Appraiser
Expires 9-30-2005
410
THOMPSON APPRAISALS
401 Meadow Ln.
NEWARK,IL 60541
Telephone 815-695-1401
FAX 815-695-1400
March 20, 2004
Honorable Arthur F. Prochaska, Jr.
Mayor, City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Dear Mayor Prochaska,
In accordance with your request, I have conducted an in depth study of
the necessary data required to prepare a report for the purpose of determining a
Land Cash value. This value would represent the Market Value of an improved
acre of land within a residential subdivision ready to be built upon.
Market value as used in the context of this report is defined as:
"...The most probable price expressed terms of money that a property •
would bring if exposed for sale on the open market in an arm's length transaction
between a willing seller and a willing buyer, both of whom are knowledgeable
concerning all the uses to which it is adapted and for which it is capable of being
use." Property Assessment Valuation, Chicago: International Association of
Assessing Officers, 1977, page 21.)
The property rights appraised are fee simple estate as though free and
clear, without liens and encumbrances.
Based on my investigation and study of available market data and subject
to the limiting conditions attached to this report, the estimated land cash/impact
fee value of the property being appraised as of March 8, 2004 is estimated to be
about $73,500/Acre. Submitted herewith is my report containing the analysis
and conclusion of which my estimate is based.
Sin el/' i0 ; ,>'
rr_ , • . hem:
CRA/CIAO
2 •
• CERTIFICATE OF VALUE
I hereby certify that I have no present nor prospective interest in any of
the property utilized for this report.
It is assumed that the improvements are entirely and correctly located on
the property described, and that there are no encumbrances or overlapping
boundaries. It is further assumed that there are no environmental hazards or
problems existing on said subject property. It is assumed that the title is
Marketable and only the fee simple title has been appraised.
The contents of this letter are to be used only with permission of the
Appraiser, and use of any part without referring to the whole appraisal shall
invalidate it. The information contained herein is based on the experience and
knowledge of this Appraiser and information furnished by others can only be
assumed to be correct.
The issuance of this report shall not require the testimony of this
Appraiser in court unless previous arrangements have been made.
1111 I have no undisclosed interest in the any property, either past, or present
or contemplated, and that my estimate of value was prepared without undue
influence or suggestion by others.
The compensation for this report is in no way contingent upon the value
estimate contained in this report, nor is it contingent upon anything other than
the delivery of this report. The appraisal assignment was not based on a
requested minimum valuation, a specific valuation or the approval of a loan.
It is my opinion that as of March 8, 2004 the "Fair Market Value" for an
improved acre of land was about:$ 73,500/Acre.
Res• ctfulJ ;-d,
77
es.' A. .'sal /
D.vid E. Thompson
CRA/C IAO
Certified General Real Estate Appraiser
No. 153-001147 - Expires 9-30-2005
• 3
TABLE OF CONTENTS
Letter of Transmittal 2
Certificate of Value 3
Table of Contents 4
General Underlying Assumptions 5-6
General Limiting conditions 7-8
Function, Purpose, Scope 9
Definition Of Market Value 10-11
Area Data 12-14
County Map 15
Neighborhood Analysis 16
School District Map 17
Site Description 18
Valuation Analysis 19-20
Cost Approach 21-23
Market Data Approach 24-26
Summary & Conclusion 27
Qualifications 28-29 •
4 i
•
GENERAL UNDERLYING ASSUMPTIONS
Legal Matters:
The legal description used in this report is assumed to be correct, but it
may not necessarily have been confirmed by survey. No responsibility is
assumed in connection with a survey or for encroachments or overlapping or
other discrepancies that might be revealed thereby. Any sketches included in
the report are only for the purpose of aiding the reader in visualizing the property
and are not necessarily a result of a survey.
No responsibility is assumed for an opinion of legal nature, such as to
ownership of the property or condition of title.
The appraisers assume the title to the property to be marketable; that,
unless stated to the contrary, the property is appraised as an unencumbered fee
• which is not used in violation of acceptable ordinances, statutes or other
governmental regulations.
Unapparent Conditions:
The appraisers assume that there are no hidden or unapparent conditions
of the property, subsoil or structures which would render it more or less valuable
than otherwise comparable property. The appraisers are not experts in
determining the presence or absence of hazardous substance, defined as all
hazardous or toxic materials, waste, pollutants or contaminants (including, but
not limited to, asbestos, PCB, UFFI, or other raw materials or chemicals) used in
construction or otherwise present on the property.
The appraisers assume no responsibility for the studies or analysis which
would be required to conclude the presence or absence of such substances or
for loss as a result of the presence of such substances. The client is urged to
retain an expert in this field, if desired. The value estimate is based on the
assumption that the subject property is not so affected.
• 5
Information and Data:
Information, estimates, and opinions furnished to the appraisers and
contained in the report, were obtained from sources considered reliable and
believed to be true and correct. However, no responsibility for accuracy of such
items furnished the appraisers can be assumed by the appraisers.
All mortgages, liens, encumbrances, and servitudes have been
disregarded unless so specified within the appraisal report. The subject
property is appraised as though under responsible ownership and competent
management.
Zoning and Licenses:
It is assumed that all applicable zoning and use regulations and
restrictions have complied with, unless a nonconforming use has been stated,
defined and considered in the valuation.
It is assumed that the subject property complies with all applicable 111
federal, state and local environmental regulations and laws unless
noncompliance is stated, defined and considered in the valuation.
It is assumed that the information relating to the location of or existence of
public utilities that has been obtained through a verbal inquiry from the
appropriate utility authority, or has been ascertained from visual evidence is
correct. No warranty has been made regarding the exact location or capacities
of public utility systems.
It is assumed that all licenses, consents or other legislative or
administrative authority from local, state or national governmental or private
entity or organization have been, or can be, obtained or renewed for any use on
which the value estimate contained in the valuation report is based.
6 111
GENERAL LIMITING CONDITIONS
The appraisers will not be required to give testimony or appear in court
due to preparing the appraisal with reference to the subject property in question,
unless prior arrangements have been made.
Possession of the report does not carry with it the right of publication.
Out-of-context quoting from or partial reprinting of this appraisal report is not
authorized. Further, neither all nor any part of this appraisal report shall be
disseminated to the general public by the use of media for public communication
without the prior written consent of the appraisers signing this appraisal report.
The authentic copies of this report are bound with a clear cover which
reveals the Thompson Appraisals name. Any copy that does not have this name
or original signatures of the appraiser is unauthorized and may have been
altered, and is considered invalid.
Disclosure of the contents of this report is governed by the By-Laws and
Regulations of the International Association of Assessing Officials. Neither all
• nor any part of the contents of this report (especially any conclusions as to
value, the identity of the appraisers or the firm with which they are connected, or
any reference to the IAAO or to the appraisal designations) shall be
disseminated to the public through advertising media, public relations media,
news media, sales media or any other public means of communication without
the prior written consent and approval of the author.
The distribution of the total valuation in this report, between land and
improvements, is applicable only as a part of the whole property. The land
value, or the separate value of the improvements, must not be used in
conjunction with any other appraisal or estimate and is invalid if so used.
No environmental or concurrency impact studies were either requested or
made in conjunction with this appraisal report. The appraisers, thereby, reserve
the right to alter, amend, revise, or rescind any of the value opinions based upon
any subsequent environmental or concurrency impact studies, research or
investigation.
7
•
An appraisal related to an estate in land that is less than the whole fee
simple estate applies only to the fractional interest involved. The value of this
fractional interest plus the value of all other fractional interests may or may not
equal the value of the entire fee simple estate considered as a whole.
The appraisal report related to a geographical portion of a larger parcel is
applied only to such geographical portion and should not be considered as
applying with equal validity to other portions of the larger parcel or tract. The
value for such geographical portions plus the value of all other geographical
portions may or may not equal the value of the entire parcel or tract considered
as an entity.
The appraisal is subject to any proposed improvements or additions being
completed as set forth in the plans, specifications, and representations referred
to in the report, and all work being performed in a good and workmanlike
manner. The appraisal is further subject to the proposed improvements or
additions being constructed in accordance with the regulations of the local,
county, and state authorities. The plans, specifications, and representations
referred to are an integral part of the appraisal report when new construction or
new additions, renovations, refurbishing, or remodeling applies.
If this appraisal is used for mortgage loan purposes, the appraisers invite
attention to the fact that (1) the equity cash requirements of the sponsor have
not been analyzed, (2) the loan ratio has not been suggested, and (3) the
amortization method and term have not been suggested.
The function of this report is not for use in conjunction with a syndication
of real property. This report cannot be used for said purposes and, therefore,
any use of this report relating to syndication activities is strictly prohibited and
unauthorized. If such an unauthorized use of this report takes place, it is
understood and agreed that Thompson Appraisals has no liability to the client
and/or third parties.
Acceptance of and/or use of this appraisal report constitutes acceptance
of the foregoing General Underlying Assumptions and General Limiting
Conditions. The appraisers' duties, pursuant to the employment to make the
appraisal, are complete upon delivery and acceptance of the appraisal report.
However, any corrections or errors should be called to the attention of the
appraiser within 60 days of the delivery of the report.
8 •
•
• FUNCTION OF APPRAISAL
The function of the appraisal is for internal decision making and to
estimate fair market value for the purpose of determining a fair and reasonable
land cash fee value.
PURPOSE OF APPRAISAL
The purpose of the appraisal is to estimate the market value of the fee
simple estate of the property under market conditions prevailing on March 8,
2004.
SCOPE OF APPRAISAL
A narrative appraisal report on the subject property has been prepared.
The subject property data such as size, location, quality and zoning are
considered and presented in this report. Market data, including land sales,
• building costs, rental rates, operating expenses, comparable improved sales,
and supply and demand are among the items researched, analyzed, and
presented. The data is used to consider the highest and best use of the subject
property and to estimate the market value.
The appraisers lack the knowledge and experience with respect to the
detection and measurement of hazardous substances. Therefore, this
assignment does not cover the presence or absence of such substances as
discussed in the General Underlying Assumptions sections. However, any
visual or obviously known hazardous substances affecting the property wil be
reported and an indication of its impact on value will be discussed.
The documentation necessary to arrive at the value is considered in this
appraisal report. The market data has been collected, confirmed, and analyzed.
Comparable sales were chosen for their similar highest and best uses as
outlined within the report. All sales were analyzed and compared to the subject
property based on their similarities and dissimilarities. The replacement costs of
similar structures and income generated by equal properties have been
compared. These approaches were considered and judged in reaching a final
estimate of value.
• 9
DEFINITION OF MARKET VALUE •
The most probable price which a property should bring in a competitive
and open market under all conditions requisite to a fair sale, the buyer and seller
each acting prudently and knowledgeably, and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a
sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
1. buyer and seller are typically motivated:
2. both parties are well-informed or well-advised, and acting in what they
consider their own best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash in U.S. dollars or in terms of
financial arrangements comparable thereto; and
5. the price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions
granted by anyone associated with the sale. •
The definition of market value was taken from the Department of the
Treasury, Office of the Comptroller of the Currency, 12CFR Part 34, dated
August 24, 1990 (Section 34.42 Definitions).
10 0
S
Market Value Comments: The factors of utility, scarcity, desire and
effective purchasing power are apparent in the definition. The implication that
buyer and seller are working under equal pressure is seldom completely true,
although typical motivation for each does imply a reasonable balance for a
market value transaction.
Market prices do not necessarily follow all of these concepts and are
often affected by salesmanship and the urgency and need of the buyer and/or
seller. The central difference between market price and market value lies in the
premise of knowledge and willingness both of which are contemplated in market
value, but not in market price. Stated differently, at any given moment of time,
market value denotes what a property is actually worth under certain specified
conditions, while market price denotes the actual sale price.
Probability of Value Change: The market value of the property appraised
in the report is estimated as of the aforementioned date. Constantly changing
economic, social, political and physical conditions have varying effects upon real
property values. Even after the passage of a relatively short period of time,
property values may change substantially and require a review of the appraisal
• and recertification.
410 11
•
AREA DATA
Kendall County is located approximately 45 miles southwest of Chicago,
Illinois and borders the counties of Kane, Dupage and Will of the Chicago SMSA
(Standard metropolitan Statistical Area).
It encompasses 324 square miles of land and is traversed by the Fox
River running from the northeast to the southwest.
Its major arterial roadways are Illinois Routes 47, 126, 71, 31, 25, and
U.S. Routes 34, 52 and 30.
Regional shopping centers are located in Aurora, Naperville and Joliet, as
well as, major services including hospitals and related health care services,
churches and major retail establishments.
Neighborhood and community shopping centers are located in cities of
Plano, Yorkville, Sandwich, Oswego, and unincorporated Boulder Hill, as well
as, downtown business districts with assorted retail stores and services.
Kendall County has been a predominantly rural county, although the last
ten years have produced some dramatic changes. Rapid growth is being •
experienced in the northeast area of the county. Oswego Township is realizing
most of this growth, Bristol, Little Rock and Kendall Townships are also
beginning to see some expanded growth patterns.
Shopping facilities, whether a shopping center or a downtown business
district, are anywhere from a few blocks to no more than a 25 mile drive from any
point within the County.
1990 U.S. Census figures show a Kendall County population of about
40,000. This is an increase from 1970 of approximately 12,000. Almost 70% of
this population resides in the northern Townships of Oswego, Bristol and Little
Rock. Population projections range from 45,000 to 50,000 residents by the
2000.
Plano, Yorkville, and Oswego are the major towns in the county all with
over 3,000 population. Boulder Hill is an unincorporated subdivision in Oswego
Township with an estimated population of over 12,000 and is the most rapidly
growing area of Kendall County.
12 .
Although agriculture is the major industry in this county, farming only
represents a about 4% of the labor force. Major industry divisions consist of
manufacturing, services retail trade and construction.
The labor force is about 22,000 and the unemployment rate is under 6%.
Kendall County's 1990 median family income was about $42,834 and rose in
1996 to about $52,064. The per capita income for 1979 was about $8,500 and
in 1983 increased to about $10,500 and again in 1996 to approximately $17,000.
The county operates under the County Board of Supervisors, a board
comprised of ten (10) individuals, each elected to a four (4) year term and
representing one of the county's two (2) legislative districts of about equal
population.
Township governments are also active in each of the nine (9) townships
within the county and each city/village operates under a Mayor/Council form of
government.
4110 Police, fire and ambulance services are available to most areas of the
county through their local communities or the county Sheriffs Department.
Sewage treatment facilities are available in the villages of Plano,
Yorkville, Oswego, and Newark, some unincorporated areas of Oswego
Township are serviced by the Aurora Sanitary District. Most rural residents have
their own private septic tanks.
The above named cities/villages also provide public water treatment
plants, while the remainder of the county is generally serviced by private wells.
1110 13
i
Kendall County provides its youth with quality education through both
public and parochial facilities. The latest available figures show that over 97%
of all Kendall County High School seniors graduate. These graduates
consistently score above State averages on performance evaluation exams.
Two (2) community college districts, Joliet and Waubonsee, serve the
residents of Kendall County and several major four-year universities are within
200 miles from the county.
Housing within the county is predominantly single-family. There is a
mixture of apartments, low to moderate income housing and senior citizen
complexes are available in certain more populous areas of the county.
Kendall County is a growing area that offers its residents an acceptable
level of services, both public and private. It is an area that is experiencing
growth, while some portions of Illinois remain stagnant or worse yet, lose
valuable commodities of population and employment opportunities. It is
fortunate to have low unemployment and above average earning capabilities for
its residents. They do this by actively seeking business and industry compatible
with the county's planning goals. This helps to minimize any large increase in
property tax rates associated with only residential growth. Increased tax rates, •
necessary to provide essential services, do not appear to be a deterrent to
continued growth in Kendall County.
14 •
SCounty Map
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• .
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411111 15
S
NEIGHBORHOOD ANALYSIS
Neighborhood may be defined as an area that has a direct and immediate
impact upon the value of the property being appraised. In this case, we were
attempting to determine a value for a large and diverse geographic area.
Therefore the neighborhood was defined to be all of the area within and around
the City of Yorkville and lands within the Yorkville School District.
This is specifically for the estimated value of the vacant land acquired for the
purpose of constructing residential developments. In expanding our research
area necessary to arrive at a reasonable estimate for the improvement costs, Le.
streets, water, sewer, and other major infrastructure improvements, associated
with such a development, we expanded the neighborhood to include similar
areas near Yorkville and/or Kendall County.
•
S16
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17 III
SITE DESCRIPTION
In preparation of a typical appraisal report an in depth examination of the
site (land) is undertaken including soils, topography and other pertinent
characteristics. For this type of assignment, fee study analysis, we examine the
many sites or even potential sites that may be considered for development. In
fact, in determining a land value we do not limit ourselves to any particular site
or tract of land, but rather any lands that have sold that may give us a value
indication.
Therefore, no site analysis was included. Had this report been for one
subdivision, then a site analysis would have been performed.
•
• 18
VALUATION ANALYSIS •
In estimating the market value of the subject property, the cost, income
capitalization, and sales comparison approaches to value were considered.
Each approach is briefly discussed with an explanation of that particular
approach appropriate to this valuation assignment.
The cost approach is an indication of value, which combines the value of
the land under the highest and best use, plus the depreciated replacement or
reproduction cost of the improvements. Depreciation is the loss in value due to
wear and tear, design and plan, or neighborhood influences. The cost approach
is based upon the principle of substitution which holds that a purchaser would
most likely not pay more for a property than the cost of obtaining an equally
desirable substitute site, plus the cost of replacing equally desirable and useful
improvements thereon, assuming no costly delay is involved in making the
substitution.
In the income capitalization approach, the projected or current rental
income from the property is shown with deductions for vacancy and collection
losses and expenses. The estimated net operating income of the property is
calculated. To support this net income estimate, operating statements of
previous years and comparable properties may be reviewed along with available 411
operating expense estimates. The applicable capitalization method and
appropriate overall capitalization rates are developed and used in computations
to lead to an indication of value.
The sales comparison approach, or market approach, is a method of
estimating value whereby the subject property is compared with similar
properties that have sold recently, or for which listing prices or offering figures
are known. The information on typically comparable properties is used, and
comparisons are made to demonstrate a probable price at which the subject
property would be sold if it had been offered on the market.
19 i
•
Preferably, all sale properties are in the same area or in similar
neighborhoods. The sales comparison approach is a systematic procedure for
reflecting comparative shopping. Market supported adjustments are necessary
to the comparable sales in many instances since no two properties are identical.
If the comparable sale property is inferior to the subject for a particular
characteristic, the sale price is enhanced by an appropriate adjustment factor.
Conversely, if the comparable sale property is superior to the subject, then the
sale price is reduced by a corresponding adjustment factor.
Sales comparisons are generally concluded by relevant units of
comparison (e.g., acre, per square foot, per front foot, multipliers) to develop a
comparative analysis for each unit. The most market oriented unit of comparison
is used to reconcile a single value indication.
For this report only the Market Approach and Cost Approach were used.
Their utilization was limited to the extent each was applicable. In other words,
the Cost Approach was only applicable for the value of the improvements to the
site and the Market Approach was only applicable for examination of the sales
necessary to arrive at a value conclusion for the vacant land.
In reaching a final estimate of value, both the Cost and Market
Approaches were added together to reach a final estimate of value for the
estimated value for an improved acre of land.
• 20
COST APPROACH
The Cost Approach to value is based upon the general principle that a
knowledgeable buyer would not pay more for a property than it would cost to
reproduce. The implicit assumption in this approach is that the replacement cost
new normally tends to set the upper limit of value. The indication of value
derived from this approach is reached by estimating the replacement cost of the
improvements, deducting accrued depreciation and adding to this the value of
the land.
Cost estimates were derived from two primary sources, 1) Marshal & Swift
Valuation Service, a nationally recognized cost service, and 2) local contractors,
developers, and other knowledgeable industry experts. Data from other
subdivisions in the region were examined and those results are also utilized for
this report. That information supported the conclusions and estimates reached
from the independent research I performed. After examining all of the data that
was relevant and comparing the results with the information I gathered, a
conclusion was reached as to the applicability of the final value. As the
improvements would be considered new, there would be no measurable
depreciation. Therefore, engineers estimates for new subdivisions would be an
appropriate measure of value in this case.
Estimates from other similar developments along with developers
estimates of improvement costs were deemed to be the most reliable for this
assignment as it is for an area wide study rather than an individual subdivision.
Due to the fact exact street lengths were not known, the total size was not known
and there was no specific development to measure, typical costs are considered
to be the most accurate. From studies I have done in the past for other clients,
the results will generally tend to support each other. Marshal and Swift costs will
tend to be very close to the approximate costs determined by either the
developers or the engineering studies. For that reason I have placed most
weight on the estimates provided by local sources.
For the purposes of this report, it was assumed that the typical subdivision would
contain approximately 2.33 lots per acre. This conclusion would vary to certain
degrees depending upon the location and type of development, and it accounts
for the land necessary to accommodate public roads and parks/open spaces.
21 411
iA sampling of several subdivision developments in the area show a
range of development cost values of between $ 20,250/acre and
$ 58,871/acre.These values are reliable and are within about 5-10 miles of the
City of Yorkville. They are reflective of typical subdivisions and the differences in
value generate from the size of lots to the terrain and soils of that particular
area.
The subdivision range in size from a low of 18.29 acres to a high of
129.56 acres.
SUBDIVISION COSTS PER ACRE
Suoaivisioniumt Engineer's Estimal Total Acres Cost per Acre
•
Cannonball Estates, Unit 1 $1,178,279.15 28.972 $40,669.58
Cannonball Estates, Unit 2 $871,625.90 27.6339 $31,541.91
Cannonball Hill $452,982.87 22.37 $20,249.57
Country Hills,Unit 2 $1,582,143.64 33.35 $47,440.59
Heartland Subdivision, Unit 1 $2,421,370.91 41.13 $58,871.16
Heartland Subdivision, Unit 2 $864,163.95 29.105 $29,691.25
Heartland Subdivision, Unit 3 $477,126.94 15.431 $30,920.03
Heartland Circle, Units 1,2,3 $5,270,601.64 129.546 $40,685.17
Kylyn's Ridge,Unit 1 $1,680,295.76 32.4293 $51,814.12
Kylyn's Ridge, Unit 2 $1,527,541.60 37.3879 $40,856.58
Raintree Village,Unit 1 $3,872,056.00 74.117 $52,242.48
River's Edge,Unit 1 $4,173,208.46 70.706 $59,021.98
River's Edge,Unit 2 $902,405.85 26.2033 $34,438.63
Sunflower Estates,Unit 1 $418,894.04 20.02 $20,923.78
Sunflower Estates, Unit 2 $1,076,661.82 22.76 $47,305.00
Sunflower Estates,Unit 3 ' $565,910.35 18.29 $30,940.97
• 22
•
As you can see from the above table the amounts are fairly consistent
irregardless of size. Other factors most likely create the difference in costs, such
as soil conditions, wetlands, terrain, things that are relevant to one location and
not the others. Distance to run infrastructure improvements are very important to
the overall cost as well. If you examine the data as purely empirical and
disregard the high and low values a rather tight range is left. This would indicate
a fairly high degree of consistency throughout the area with regards to costs.
The average value from this sample is about $ 43,427/Acre. This would
equal a per lot value of$ 18,638/lot at 2.33 lots per acre as suggested earlier.
In my discussions with industry professionals, the value they provided
was $ 16,000 per lot for a development that had 2.33 lots per acre. That would
indicate a per acre value of approximately $ 37, 328. When compared then with
the results from the table this appears to be a relatively reliable value
conclusion.
•
Given the existing lands around and in the vicinity of Yorkville, it is my
opinion that the overall value on a per acre basis would be about $45,000. This
is based upon the data examined for this report as well as the conditions that
now exist. The time element was certainly examined and considered to be
extremely relevant to a discussion of this type.
As this value will have an intended use for subdivisions that are platted in
the future, it is assumed then that all costs will increase, to what extent we don't
know for certain, but a factor must be built in to account for inflationary
increases.
Again, it is my opinion and conclusion that the estimated value for the cost of the
residential improvements of any residential development will be about
$ 45,000/Acre.
23 •
•
MARKET DATA APPROACH
This Approach is based upon the principle of substitution, i.e., that the
value of a property is governed by the prices generally paid for other similar
properties. As no property is identical to another, it is reliability of this approach
is governed by the sales data available.
The Market Data Approach to the estimate of value is a process of
comparing market data; that is, the prices paid for similar properties, prices
asked by owners, and the offers made by prospective purchasers willing to buy
or lease. The market data is not being offered as independent evidence of value
for the subject property, but rather as some of the transactions taken into
consideration in arriving at an opinion of value. Each property was compared
with the subject and the individual sales, listing or offers and were adjusted for
differences in time, size and location.
For a report of this type land must be valued as the ordinary process of an
appraisal report. To accurately determine the appropriate fee, land values must
• be added to the cost of the improvements on a per acre basis. We have already
determined the per acre value for the improvements, so we must now find an
applicable estimate of value for the land.
Our research for the land values were extensive as the area to be
considered covered parts of several different townships. Each township has its
own micro-market for land that is dependent upon the amount of development in
the area as well as the amount of land that is for sale. Some of this is due to the
fact that many buyers are investing in land on a speculative nature in
anticipation of future growth while others are buying because they have sold
land somewhere else and now must reinvest. Little land is actually being
purchased in Kendall County for the intended use of farming. The
predominance of sales utilized for this report were from Bristol and Kendall
Townships although Fox, Lisbon and Little Rock Townships were examined for
appropriate farm sales.
Two important points were present in this data. First, land in Bristol
Township is selling for a larger dollar amount than the other Townships
considered. Second, land values have increased in value significantly over the
last two years in all areas, but primarily in the Kendall Township area of this
report.
110 24
Land Sales Kendall Township
•
Size $/Acre
86 Ac $23,350
75 Ac $ 32,060
62 AC $ 28,000
88 Ac $ 21,238
128 Ac $ 21,520
68 AC $ 21,580
Land Sales Bristol Township
Size $/Acre
126 Ac $ 33,735
89 Ac $ 62,870 ,
106 AC $ 12,278
148 Ac $ 22,295
72 Ac $ 65,695
372 Ac $ 27,557
157 Ac $ 28,546
102 Ac $ 49,364
304 Ac $ 27,408
25
Examining the tables provides data that clearly shows land sales on the
north side of Yorkville are considerably higher than on the south side of
Yorkville. If you were preparing a report for either one of those Townships the
conclusion to be reached would be documented quite easily in appraisal terms.
But if we operate under the condition that this value will be utilized unilaterally
across the entire Yorkville corporate limits which includes both townships the
final estimate requires more examination.
In preparing an appraisal to determine the appropriate value to be placed
on a unknown development in an unknown location it requires a reasonable
conclusion be drawn from the data available and not to speculate on what might
happen or what could happen in the future and where this event might take
place. A reasonable value for Kendall Township would be about $ 23,000 per
acre while in Bristol Township that same reasonable value would be about
$ 35,000 per acre.
It is therefore my conclusion, after a thorough examination of all relevant
data and weighing the conclusions drawn from the material reviewed for this
assignment that the estimated value conclusion for the market value of land
would be about
• $ 28,500/AC.
• 26
SUMMARY •
We established earlier in this report the estimated cost per acre for
residential development and now we have also determined the Fair Market
Value for an acre of vacant land within the same geographic area.
As a final step in the process to determine a reasonable Land
Cash/Impact Fee Value we must now take these two results and add them
together to determine this final conclusion.
Improvement Costs Per Acre $ 45,000
Land Fair Market Value Per Acre $ 28,500
Total Value Land Cash $ 73,500
Therefore after careful and deliberate consideration, it is my professional opinion
that a reasonable value to apply as a Land Cash Value would be
111
$ 73,500/Ac
27 •
•
REAL ESTATE QUALIFICATIONS
DAVID E. THOMPSON
STATE OF ILLINOIS
Certified General Real Estate Appraiser# 153-001147
NORTHERN ILLINOIS UNIVERSITY: B.S. 1986
JOLIET JUNIOR COLLEGE: A.A. 1984
COURSES
ILLINOIS DEPARTMENT OF REVENUE:
1-A Rural and Residential Workshop
1-B Commercial and Industrial Workshop
ILLINOIS PROPERTY ASSESSMENT INSTITUTE:
B-100 Basic Assessment Practice
A-200 Cost, Market and Income Approach to Value
Farmland Assessment
Assessment Administration and Public Relations
111 Reviewing and Analyzing Narrative Appraisal Reports
Structured Format Demo Report Writing Seminar
Valuation of Shopping Centers
INTERNATIONAL ASSOCIATION OF ASSESSING OFFICIALS:
Course 2 - Income Approach to Valuation
Depreciation Analysis Workshop
Course 301 - Mass Appraisal of Residential Property
Course 302 - Mass Appraisal of Income Producing Property
Course 4 - Assessment Administration
SOCIETY OF REAL ESTATE APPRAISERS:
Course 101 - Introduction to Appraising Real Property
Course 102 -Applied Residential Property Valuation
Course 440 - Professional Practice
• 28
•
OTHER QUALIFICATIONS:
Certified Review Appraiser - CRA
Certified Illinois Assessing Officer- CIAO
International Association of Assessing Officials
County Assessment Officers Association of Illinois
Illinois Association County Officials
Supervisor of Assessments - Kendall County- Present
Board of Review- Kendall County - 9 years
Instructor at Waubonsee Community College
Instructor at Illinois Property Assessment Inst.
Partial List of Clients
Yorkville National Bank
Millbrook-Newark Bank
First Midwest Bank - Morris
Attorneys
Private Estates
Private Individuals
•
Expert Witness 13th Judicial Circuit Court - LaSalle County
Expert Witness 16th Judicial Circuit Court- Kendall County
Expert Witness United States Federal Court - Northern District Illinois
29
Page 1 of 10
UNITED CITY OF YORKVH.LE DRAFT
COMMITTEE OF THE WHOLE
JULY 1, 2003
7:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderman Larry Kot
Alderman Richard Sticka Alderman Paul James
Alderman Marty Munns City Treasurer Bill Powell
Alderwoman Valerie Burd(arrived 7:40)
CITY STAFF PRESENT:
City Administrator Tony Graff City Attorney Dan Kramer
Public Works Director Eric Dhuse Finance Director Traci Pleckham
Police Chief Harold Martin
Director of Parks &Recreation Laura Brown
GUESTS:
See attached list.
PUBLIC HEARING
Amendment to Text of R-1 Zoning Ordinance to Allow Special Use for an Antique Store
Attorney Dan Kramer indicated that this public hearing was going to be tabled until the City
Council meeting on July 8, 2003.
Water Conservation Ordinance
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Water Conservation Ordinance. So moved by Alderman Kot: seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes-4 Nays-0
James-aye, Kot-aye, Munns-aye, Sticka-aye
Attorney Kramer stated that the proposed ordinance has been on display at City Hall for public
viewing.
Director of Public Works Eric Dhuse stated that the ordinance is for the conservation of water by
setting rules and regulations to control water usage. He stated that he has had discussions with
Jeff Freeman with Engineering Enterprises, Inc. (EEI)who stated that the City is nearing some of
the thresholds for its wells. He distributed a handout listing the water usage for the last two
weeks which indicates that the City has exceed more that one million gallons/day on warm days.
Mr. Freeman stated that from a design perspective, supply is based on meeting the City's
maximum day of usage without the largest well so that if the largest well should fail, fire flow
and other supply needs can be met. Currently, if the City's largest well should fail, the City
would only have the ability to supply 900,000 gallons/day. This would not meet the needs on a
day of maximum usage. Overall the City is moving in the right direction by getting more wells
online in an effort to meet the design perspective. EEI has made the recommendation to the City
to enact a Water Conservation Ordinance to make sure there is enough water in the system to
meet critical needs.
Page 2 of 10
Mayor Prochaska opened the floor to the public.
John Purcell, Mulhern Court, commented that he is a homebuilder and when putting in a new
yard before a house is sold it is hard to schedule a landscaper to work on the proposed even or
odd watering days. He suggested that people putting new sod in be given two weeks leeway to
get the sod established. Mr. Dhuse noted that there is a provision for new sod in the ordinance
which allows for two weeks of watering. Mr. Purcell also commented that the covenants for
some new subdivisions require sod. He felt that people should be given the option to do seed or a
seed blanket which requires less watering. Mr. Dhuse stated that the ordinance prohibits the
planting of sod in July and August. Mr. Purcell apologized for not having previously read the
ordinance but he saw that a public hearing was being held and he wanted to show his support of
the ordinance. His last comment was that the City's weed ordinance does not allow anything
over eight inches and the City might want to consider allowing prairie grass which filters more
water into the ground and requires less watering to keep alive. Mayor Prochaska commented that
the City is encouraging the use of prairie grass around detention areas.
Susan Juranek,Washington Street, stated that she did not know the ordinance was available to be
viewed so she did not get to review it. She stated that she is a conservationist and has some
concerns about the watering hours mentioned in the newspaper. She stated that she polled some
of her co-workers who live in different communities and found that the hours proposed are
extreme especially the watering hours from 9:00 P.M.to Midnight. She asked that these hours be
reconsidered. She reconunended 6:00 P.M.to 10:00 P.M. or 7:00 P.M. to 11:00 P.M. Mayor
n
Prochaska indicated that he received calls from residents who o in
felt that the hours the ordinance
are too restrictive. Mr. Dhuse noted that 6:00 P.M. is a peak hour of usage. Ms. Juranek asked if
the restriction was just for sprinklers and Mr. Dhuse stated it did not apply to hand watering.
Mayor Prochaska suggested that the watering hours be reviewed. Ms. Juranek also asked how the
ordinance was going to be enforced. Mayor Prochaska stated that neighbors can report misuse or
police driving by and seeing misuse can enforce the ordinance.
Ron Mattson, Fox Hill subdivision, stated that he had concerns about the watering of new sod and
the limitation of the months for planting new sod. He felt that a burden was being placed on
homeowners and landscapers for the summer months. Mr. Dhuse stated that the restriction for
planting sod is because some people don't monitor their watering. He noted that he spoke to
someone who had watered his sod for 48 hours straight and most of the water ran into the street.
He stated that the ordinance was for all residents,not just builders. Mr. Mattson stated that he has
owned three new homes and with two of them, he had an extra ten inches of top soil delivered
which helps to conserve water. He stated that developers should be required to replace more top
soil to help with conservation. He also suggested that provisions be placed in the ordinance to
address new homes. Mayor Prochaska stated that the City cannot differentiate who has the right
to lay sod or not.
Alderman Sticka commented that it would be interesting to compare the water usage from the
month of July to that of the month of December. Mr. Freeman indicated that typical use is 110
gallons/capita/day. In areas in the community with established lawns,the maximum use is
usually 1.5 times the normal usage. In growing communities,this figure can be anywhere from
2.25 to 2.5 times the normal usage due to new lawns. This equates large flow during time periods
of high usage. He explained that water has to be produced everyday to meet supply needs. It
cannot be put into storage to call upon when it is needed because it has to be spread over the
entire time period. Mayor Prochaska commented that during the peak months of usage,the City
does not want to add any additional burden to the system until new wells are completed.
Page 3 of 10
Alderman Sticka asked if the City has already had days when the fire flow has been below the
recommended amount. Mr. Freeman stated that if the well quit and the tanks were low,the City
could be in trouble. The ordinance will help protect against this situation if it ever occurs.
Resident Bill Dawson commented that he agreed with the odd/even water days and hand-held
watering restrictions. His stated that with established yards,he would not allow watering at all.
He stated that established grass will not die but go dormant. He stated he would rather have a
drink of water than a green yard. He was concerned with the enforcement of the ordinance
Alderwoman Burd stated that she was contacted by a resident who was unable to attend tonight
but wanted her concerns shared with the Council. The resident agreed with the water
conservation however she was concerned with her children playing in the sprinkler during the
day. This was not addressed in the ordinance. Alderwoman Burd stated that parents could
sprinkle their children with the hose rather than setting a sprinkle out unattended. Mayor
Prochaska noted that wading pools are allowed under the ordinance.
Mr. Dhuse stated that he has been asked if the sod watering requirements could be suspended
until next year so people can prepare for it. If the ordinance passes,there will be no more sod
planting until September 1, 2003 and this will affect those currently ready to sod. The Council
discussed how this could be addressed. Mayor Prochaska stated that they needed to review the
sod issue.
Mayor Prochaska commented that this ordinance affects the entire community and it is up to the
citizens to be responsible and work together to conserve water. He stated that he would have staff
look at the comments and suggestions brought up tonight and make adjustments. He also stated
that he has heard that, as Mr. Mattson said, more top soil is better for water conservation. He
stated that this might be something for the City to look at.
There was no further discussion so Mayor Prochaska entertained a motion to close the public
hearing. So moved by Alderman Sticka; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-4 Nays-0
Sticka-aye, James-aye, Kot-aye, Mu ns-aye
PRESENTATION
SSA Update
Administrator Graff stated that Peter Raphael with William Blair&Co. was present to give an
update on Special Service Areas (SSAs). He stated that William Blair & Co. has minimized the
City's exposure and the administrative staff's time.
Mr. Raphael discussed the two SSAs currently in process; Raintree Village and Windett Ridge.
A public hearing for the SSAs are scheduled for the July 8, 2003 City Council meeting. After the
public hearing,the establishing ordinance and the ordinance authorizing the issuance of bonds
will be before the Council for approval. This should occur by the end of July or the beginning of
August.
The tax exempt,thirty-eight year, fixed-rate bonds will be sold in denominations of$100,000.00.
The SSAs will be used to pay for infrastructure within each development such as water, sewer
and roads and only the property owners living in the developments will be taxed. The bonds are
not general obligation bonds but are non-recourse to the City. They are paid off solely by the
Page 4 of 10
special tax collected from the homeowners within the development. Mr. Raphael further
explained how the SSA will be applied to a homeowner's real estate bill;the SSA is divided
between the properties based on their population equivalent(PE)which is determined by the
state. Single family homes have a PE rate of 3.5 and townhomes homeowner have a PE of 2.8. .
Mr. Raphael explained that William Blair will hire an administrator for the bonds who will
receive payment from the SSAs. This person's toll-free telephone number will be available to
homeowners in the area and they will be able to contact him/her directly. The City will also have
pamphlets explaining the SSA available for homeowner's in these areas.
Mr. Raphael explained that there are a few things the City has to do for the SSAs. A levy will be
issued for the full thirty years of the bond issue. The levy is in excess of what needs to be paid on
the bonds;there is a 10%"cushion"for delinquent fees or defaults. Every December,the levy
will be abated down 10%so that the homeowners are only paying exactly what is needed to pay
the debt service,the administrator and any miscellaneous fees. In the event that the County has to
go to sale for delinquent taxes and they are not sold,there is a covenant that the City will proceed
with foreclosure. The odds of this happening are incredibly slim. There are also covenants
saying that the City will not do anything to make the bonds taxable.
Mr. Raphael explained that the proceeds from the bond issue will go into a trust account. The
developer cannot get the funds until the work is preformed up to the City's standards. When a
draw request is received,the City Engineer will sign-off that the work has been done
satisfactorily. The City will then sign-off on the disbursement which goes to a trustee. The
trustee will then disburse the funds to the developer or to a title company. If a developer defaults
and does not complete the project,the City has the funds to complete the project in the SSA
bonds and in the developer's letter of credit or surety bond. The City is in charge of releasing the
SSA funds.
Mr. Raphael opened the floor for questions.
Alderman James asked how the County is notified of the SSA and how does the City ensure that
the SSA is being added to the tax bills. Mr. Raphael stated that the City will file the levy with the
County to inform them of the SSA. Additionally, every year after the abatement ordinance is
passed,the administrator of the SSA will give the ordinance, a list of PIN numbers and the dollar
amount that each homeowner owes to the County. Attorney Kramer also explained that the
enabling and creating ordinance for each SSA is recorded with the County and filed with the
County Clerk's office when they are approved. He also noted that County has been included in
the creation of these SSAs.
Alderman Sticka asked if the tax would be deleted from real estate bills after the bonds are paid
off in thirty years. Mr. Raphael stated that yes, it would and possibly the tax will be deleted
sooner than thirty-years because the reserves that will build up will be used to pay off the bond
earlier. He also explained that once the community is built out, the interest rate could be reduced
because the risk of the bonds is decreased.
Mayor Prochaska noted that homeowners can prepay the SSA. He asked that if this is done and
the rate is reduced are the homeowners out the money and Mr. Raphael stated yes they would not
be refunded. Mr. Raphael stated that most people do not initially prepay but this does sometimes
occur later when homes are refinanced. Also,the reserves to pay off the bonds usually are not
built up until the end of the thirty-year term. He also explained that the sale contracts on the
homes in these areas will include a rider which addresses the SSA which home buyers have to
Page 5 of 10
sign. The SSA is also recorded as a lien on the property so when the properties are sold,
subsequent buyers are made aware of the SSA.
Alderman Kot asked how many communities in the area are establishing SSAs. Mr. Raphael
stated that more established communities tend not to need SSAs. Towns along the Route 47
corridor tend to use it more because they have large sewer and water improvements. He
estimated about a dozen communities from Antioch to Minooka are using SSAs.
There were no further questions and/or comments. Mayor Prochaska thanked Mr. Raphael for his
presentation.
CITIZENS COMMENTS
Resident Jim Beck addressed the Council. He stated that he lived on his family's farm on the
south end of the Fox Hill subdivision. He stated that when Jolm Street was constructed in 2001,
his property was encroached upon;trees and fences were removed and machines were run
through his fields. He stated that when this happened,he spoke with City Engineer Joe Wywrot
who came out to survey the area and agreed that the developer encroached on Mr. Beck's
property. Mr. Wywrot contacted the developer Paul Dresden and Mr. Beck and Mr. Dresden
came to an understanding regarding some of the damage. However, Mr. Dresden has not done as
he promised. Mr. Beck stated that since this happened, he has been occupied with being the
executor of his mother's estate. He came to the Council because he has heard that the City will
be signing off on Mr. Dresden's property and he would like this matter addressed and solved. He
explained that the City has installed reflective signs at the end of the road however he is
concerned that someone could enter his property at this site with four-wheelers, etc. He asked
that the developer clean up the debris that has been dumped at the end of the road, compensate
him for the removed trees, remove the section of road on his property and replace the fence. He
asked that the City include this work on their punch list.
The Council discussed Mr. Beck's request including the size of the trees that were removed.
Attorney Kramer stated that the items Mr. Beck is requesting be added to the punch list are not
the City's responsibility and cannot be added. He recommended that the City only install a
reflective barrier in City property. He encouraged Mr. Beck and the developer to come to a
resolution between themselves. Mayor Prochaska agreed however he asked that Mr. Beck or the
developer keep the City Council advised to the progress of this. Attorney Kramer also stated that
the township has a fence act that may apply to this property. He reiterated that the City could ask
and encourage the developer to resolve this matter but this could not be added to the punch list.
After some discussion, Mayor Prochaska asked that the staff review all the issues presented by
Mr. Beck prior to signing off on the property. Mr. Beck was also advised to contact Bristol
Township in regards to the fence issue.
There was no further discussion and Mr. Beck thanked the Council for their time.
MAYOR
Intergovernmental Agreement between School District, City Parks & Recreation and Police
for the Exchange of Facilities and Services— Update
Mayor Prochaska reported that the City has been in discussion with the School District regarding
the method by which they exchange services. He stated that they are trying to establish an equal
exchange for services and facilities. The agreement will be for one year and services will be
Page 6 of 10
monitored. After the year, costs and services will be reevaluated. The Council discussed how
this will affect the budgets for Public Safety and Parks &Recreation Departments. It was
suggested that the Council receive a quarterly report on the costs involved with the agreement.
Mayor Prochaska made the Council aware there may need to be adjustments in the mid-year
budget and costs may need to be supplemented. Mayor Prochaska stated that a cost analysis
would also be done after the first year of the agreement. The Council discussed the City's use of
school facilities and the School District's use of City services such as police.
Mayor Prochaska stated that he hoped to bring the agreement document back to the next
Committee of the Whole (COW) meeting.
Wurst and CorLands Annexations
Mayor Prochaska explained that the Wurst property is located at Cannonball Trail and it will be a
straight annexation with E-1 (estate) zoning. This property is located next to the open land that
the City is working with CorLands to annex.
Both annexations will be on the City Council meeting agenda July 8, 2003.
ATTORNEY KRAMER
Heartland Circle Development Agreement
Administrator Graff explained that the agreement is for the Bruell Street regional lift station. The
agreement addresses permission for the building of the temporary lift station,the developer's
cost, the Illinois Environmental Protection Agency(IEPA)permits and a few clean-up items
between the City and the developer of Heartland Circle. Attorney Kramer stated that he reviewed
the agreement and the general language is fine and only the specific costs are needed.
CorLands Lease-Donation Agreement
Attorney Kramer reported that this is a standard backup agreement for the CorLands annexation
that will be before the Council on July 8, 2003. Administrator Graff noted that MPI has agreed to
pay all fees for holding the property in trust along with the lease-hold fees. Mayor Prochaska
asked to receive something in writing guaranteeing the City that MPI is responsible for the fees.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
PUBLIC WORKS COMMITTEE
Fox Hill Recapture
This item was tabled to the July 15, 2003 COW meeting.
Apple Tree Court—Result of Bid Opening
Director of Public Works Eric Dhuse reported that S&K Excavating&Trucking, Inc. had the
lowest bid at$84,111.92 for the Apple Tree Court project. The Public Works Committee
recommended that they be awarded the bid. Administrator Graff noted that the bid was about
$600 over the City Engineer's estimate however the funds are available.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Page 7 of 10
2003 Asphalt Surface Treatment—Result of Bid Opening
Mr. Dhuse reported that only one bid was received and that was from Boecker Road
Maintenance, Inc. in the amount of$31,917.42. He noted that the company has done projects for
the City before.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
2003 Public Sidewalk Repairs—Result of Bid Opening
Mr. Dhuse reported that the lowest bid was received from R.A. Ubert Construction in the amount
of$39,423.75 which was slightly over the engineers estimate but includes the Mill Street
sidewalk.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Liberty Street Water Main— Results of Bid Opening
Mr. Dhuse reported that the lowest bid for the Liberty Street Water Main was received from Vian
Construction in the amount of$399,513.60. Their bid was below the engineers estimate.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Request for Two Additional Public Works Employees
Mr. Dhuse stated that the Council asked him to find the funds to pay for two new public works
employees which he did. Mayor Prochaska stated that one employee's salary would come out of
the Water Operation Fund and the other will be a combination of the Water Fund and the General
Fund. The positions will be entry level.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
ECONOMIC DEVELOPMENT COMMITTEE
Grande Reserve Annexation Agreement Update
Items discussed were:
o Funding for the City perimeter roads—the developer will fund 80%of the cost;the City
20%.
o Creating a policy which states a fee for perimeter road maintenance. There was a lengthy
discussion regarding the policy. The Council discussed the purpose and legality of the
fee, determining the correct amount to charge per house and upgrading the roads.
o Water improvements—Two wells, a water tank and treatment facility are being built.
The developer is oversizing the system and is asking to recover the cost of oversizing
with a recapture. The developer is also asking for recovery dollars for the two lines that
will be connected to the existing system which will help in developing the commercial
area.
o School contribution—The language of the agreement regarding a referendum for a new
school was discussed. Mayor Prochaska clarified that any time a school district builds a
facility; a referendum needs to pass giving approval to spend the funds to do so.
Language was also added to the agreement at the School District's request regarding the
seventy-five acre parcel designated for their use and guaranteeing them a campus site.
o Building covenants—the agreement gives the City a say on what is built on the property
and how it looks. They also agreed to any architectural control ordinances. Mayor
Prochaska asked for additional verbiage saying that the standards may exceed the City's
architectural standards.
Page 8 of 10
o Development Buildout—Art Zwemke with MPI explained the phasing of the
development. He explained that there will be either a letter of credit or performance bond
for each neighborhood as they develop. This protects the City in the event the developer
cannot finish by providing the funds for the unfinished improvements. There is also a
provision in the agreement to establish SSA's which also gives the City funds. There was
a lengthy discussion regarding risks to the City if the development does not completely
build out. Mayor Prochaska asked that language be added to the agreement stating that
the developer will use best practices in phasing the development.
John Barabas, a resident of River Ridge questioned how the water line would affect his
subdivision. Mayor Prochaska explained that the water line will not go through the River Ridge
subdivision.
In order for the annexation agreement to move ahead, Administrator Graff stated that there were a
few minor exhibit changes needed,the School District needs to sign off and there were a few
thingsfor Attorne •Kramer to work out on the road contribution fund
y a
After much discussion, the Council asked to get a report of staff recommendations to indicate
they approve of the development. It was the consensus of the Council to bring the revised
agreement back to the July 15, 2003 COW meeting.
ADMINISTRATION COMMITTEE
Grande Reserve Fiscal Impact Analysis
Finance Director Traci Pleckham reported that the analysis was preformed by Northern Illinois
University(NIU) and reviewed by Kevin McCanna of Speer Financial. The analysis shows
buildout costs, revenues, cumulative figures for the entire project, etc. The Council went over the
analysis. Mayor Prochaska stated that the report justifies adding reserves to the General Fund
based on this development. Mrs. Pleckham stated that the Administration Committee
recommended the acceptance of the report.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
ADDITIONAL ECONOMIC DEVELOPMENT COMMITTEE
Ordinance Amending City Code for R-4 General Residence District(Building Height
Requirement)
Alderman Sticka reported that this amendment is a clean-up item and brings the height
requirement to 35 feet.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Building Permit Report for May 2003
Alderman Sticka reported that the Economic Development Committee approved the report.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Page 9 of 10
Ordinance Amending City Code for Historic Preservation of Structures within R-1 One-
Family Residence District
Attorney Kramer reported that this was a clean-up item to the ordinance to allow limited special
use within the R-1 residential district in an effort to save historic buildings.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
PUBLIC SAFETY COMMITTEE
Monthly Police Reports for May 2003
Alderman Kot stated that the reports were reviewed by the Public Safety Committee and they
recommend they move on to the City Council meeting.
This item was placed on the July 8, 2003 City Council meeting consent agenda.
Increasing Petty Cash
Alderman Kot reported that Chief Martin has asked to increase the Police Department's petty
cash account from$300.00 to $500.00. It was the consensus of the Council to approve the
increase.
ADDITIONAL ADMINISTRATION COMMITTEE
Windett Ridge SSA
Windett Ridge Public Infrastructure Agreement
Raintree Village (f/k/a The Highlands) SSA
Mrs. Pleckham stated that the SSA's and infrastructure agreement are still in draft form and
Attorney Kramer is reviewing the documents. Mayor Prochaska asked Mrs. Pleckham to give an
overview of the SSAs at the July 15, 2003 COW meeting.
Attorney Kramer noted that since the public hearing for Raintree Village was held at the last City
Council meeting,the ordinance to modify the name should be on the next City Council meeting
agenda.
The ordinance was placed on the July 8, 2003 City Council meeting consent agenda.
Connection Fee Analysis for the Water Works System
Alderman James reported that the analysis was given to the Council for their review and this will
be brought back to July 15, 2003 COW meeting.
PARK BOARD
No report.
ADDITIONAL BUSINESS
Gated Parks
Alderman Munns reported on a petition he heard was being circulated regarding gating parks
after hours rather than chaining off the entrances. Administrator Graff stated that the petition
may be for the Forest Preserve District. Alderman Munns stated that he would get more
information on the petition.
Page 10 of 10
Bonnie Lane Annexation
Alderman Sticka inquired about the status of the Bonnie Lane annexation. Administrator Graff
stated that residents of Bonnie Lane received a letter regarding radium compliance for their well
and they would like to get into the City's water system. To do this,they need to annex however
they have not met with Attorney Kramer regarding the annexation.
Concrete Business on Route 47
Alderman James asked if the concrete plant on Route 47 planned to landscape the area.
Administrator Graff stated that they have a temporary for the batch plant however the
actual plant is required to have heavy landscaping and a cleaning system to keep dust down. The
temporary permit is for one year.
Minutes
Mayor Prochaska stated that City Clerk Milschewski has asked if the Council wants to receive
copies of all minutes. Currently they receive draft minutes and approved minutes. The Clerk's
office proposes to develop a library of approved minutes for the Council to use. He noted that not
every one gets committee minutes until they are approved and he asked if the Council still wanted
to receive copies of these. The consensus of the Council was to save paper and start a library.
Dumpster Ordinance
Mayor Prochaska stated that he has had a few calls regarding dumpsters in commercial areas that
are not covered allowing trash to blow out of them. He noted that at one time the Council was
developing a dumpster ordinance and wanted to know if this should be revisited. He asked
Administrator Graff and Attorney Kramer to look into this.
Fourth of July Parade
Mayor Prochaska reported that the staff is preparing a float with the new city sign to be pulled by
a pick-up. Line-up begins at 7:30 A.M. with the parade beginning at 9:00 A.M. Mayor
Prochaska asked anyone interested in participating to meet at the Public Works building at 7:30
A.M.
Mayor Pro Tern
Mayor Prochaska reported that he will be out of town at the next City Council meeting and noted
that Alderman Sticka is the next person on the list for mayor pro tem.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session for the purpose of the
collective negotiation matters between public employers and their employees or representatives.
He stated that no action would be taken after the session and asked that Attorney Kramer, City
Treasurer Powell and minute taker Cindy Green be included in the session. So moved by
Alderman Kot; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-5 Nays-0
Sticka-aye, Burd-aye, James-aye, Kot-aye, Munns-aye
A five minute break was taken and the executive session was entered at 10:50 P.M.
The Council returned to regular session and the COW meeting was adjourned at 12:00 A.M.
Minutes taken by Cindy Green
Transcribed by Jackie Milschewski, City Clerk
COMMITTEE OF THE WHOLE
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Page 1 of 11
UNITED CITY OF YORxVILLE DRAFT
COMMITTEE OF THE WHOLE
JULY 17, 2003
7:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderman Larry Kot
Alderman Richard Sticka Alderman Paul James
Alderwoman Ohare Alderman Besco
Alderwoman Valerie Burd City Treasurer Bill Powell
CITY STAFF PRESENT:
City Administrator Tony Graff City Attorney Dan Kramer
Finance Director Traci Pleckham Police Chief Harold Martin
Director of Parks &Recreation Laura Brown Planning Coordinator Aima KurtLluan
City Planner Mike Schoppe
GUESTS:
See attached list.
PUBLIC HEARING
Parks Master Plan
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Parks Master Plan. So moved by Alderman Kot; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes-6 Nays-0
Sticka-aye, Burd-aye, Ohare-aye, James-aye, Kot-aye, Besco-aye
City Planner Mike Schoppe gave a brief description of the steps Schoppe Design Forum went
through to develop the plan:
o A consumer survey was taken to identify what type of facilities residents felt were
needed.
o An inventory was taken of existing recreational facilities; parks and open space.
o Meetings with other organizations such as the Forest Preserve District, Conservation
Designs Forum, etc. were held to determine the needs for open space.
o Current and future demographic data was gathered.
o Eleven planning areas were developed in order to determine which areas were in need of
parks.
Mr. Schoppe turned the presentation over to his associate John Vann who highlighted a few of the
high points of the plan:
o Park Descriptions and Classifications—Mini, neighborhood, community and special use
parks, sports complex, natural resource areas
o Park System Analysis—Presents standards that can be used for maintaining, planning,
acquiring and developing parks and open space. Maps indicating the spatial distribution
for park classifications were included in the analysis.
o Park System Recommendations—Four categories for recommendations were developed;
park development/general considerations, program/facilities, land acquisition and
Page 2 of 11
maintenance/infrastructure. Park prototypes for neighborhood parks(big wheel tracks,
walking paths, playground, etc.), community parks (larger playgrounds, spray park,
soccer fields, etc.), regional parks (wetlands, athletic facilities, etc.)and school parks
(school playground, ball fields, etc.)were given.
o Existing Parks Survey and Enhancement Recommendations—Recommended
enhancements were made for each individual existing park.
o Bicycle and Pedestrian Planning— Suggestions for a transportation plan for linking the
different areas of the city as will as linking to other communities were made.
o Implementation Plan and Funding—Park system priorities and funding were discussed.
o Park Development Standards—Standards for neighborhood parks were developed in an
effort to let developers know what the City expects for its parks. A greenway plan was
also included.
Mr. Schoppe stated that they enjoyed working with the Park Board, Executive Director of Parks
&Recreation Laura Brown and the City staff in developing the plan.
Mayor Prochaska opened the floor for public comment.
Ksenia Rudensink with the Conservation Foundation thanked the Council for inviting them to
participate in the Master Plan. She stated that this was the first time she saw the completed
document and asked if they could review it and submit a written letter of comment to the Council.
Mayor Prochaska stated that it would be fine to receive comments from the Conservation
Foundation and asked if she could have them for the next City Council meeting. She stated that
she could have the comments by then. She also extended the services of her group to work with
the City on the educational and environmental component of the parks.
There were no other comments.
Mayor Prochaska opened the floor for comments from the City Council.
Alderman Kot expressed his concern with the lack of parks in the older areas of the City. He
asked if language could be included in the plan indicating that if property became available in
these sections,the City would pursue it. Mr. Vann noted that in Section 7 of the plan, parks in the
older sections were noted as a priority. Mayor Prochaska asked that a statement be incorporated
into Section 7 stating that the City would also look at the opportunity to acquire property in
developed areas were there is an absence of parks if the opportunity should arise.
There was no further discussion so Mayor Prochaska entertained a motion to close the public
hearing. So moved by Alderman Sticka; seconded by Alderman James.
Motion approved by a roll call vote. Ayes-6 Nays-0
Ohare-aye, Burd-aye, Sticka-aye, Besco-aye, Kot-aye, James-aye
ECONOMIC DEVELOPMENT COMMITTEE
Westbury Village Revised Annexation Agreement
Attorney Stanford Stein representing Ocean Atlantic, developer of Westbury, addressed the
Council. He reported that since the last public hearing,the developers have worked with the City
staff on the revised draft of the agreement to address issues that were raised. He noted a change
in the agreement in Section 9 concerning lot sizes that was not in the draft the Council received.
He noted that the agreement has been changed to reflect the approved lot sizes. Mr. Stein also
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noted that the wetlands have been addressed. The developer is also currently in conversation with
Green Organics, the neighboring compost facility. He stated that he had promised to notify
Attorney Ron Cope who represents Green Organics of any meetings concerning Westbury
however he failed to notify him of this one until this morning. He explained that he apologized to
Attorney Cope and assured him he would e-mail a schedule of upcoming meetings. Attorney
Stein advised the Council that the parties were trying to work out the problem.
Mitch LaFave with Ocean Atlantic reiterated that the development is on just over 300 acres and
the plan is for 890 units consisting of single-family and attached units. There is also a plan for a
club house.
Alderman Sticka questioned the errors regarding lot sizes. Attorney Stein stated that originally
lot sizes of the courtyard homes were inadequate. This will be corrected to 9,000 square feet/lot
and the minimum lot width will be 90 feet. Mayor Prochaska asked if staff would have time to
review the draft after the corrections are made and Planning Coordinator Anna Kurtzman stated
that she would have time depending on when the City Council was going to vote on the
agreement. Mayor Prochaska stated that if the Council was going to vote on this at the July 22,
2003 meeting, changes had to be to the staff so they could review it. Clean copies could be to the
aldermen by July 18, 2003. Attorney Stein stated that the changes were minor and this time
schedule could be met.
Alderman Sticka noted that page 8, paragraph#6 of the agreement states that if the Yorkville-
Bristol Sanitary District(YBSD)does not have capacity to handle waste water, the City would
not object to any plan proposed by the developer to handle it. Alderman Sticka felt this was a
very broad statement and questioned the wording. Attorney Stein stated that this statement could
be modified and he would look into it.
Alderman Sticka noted that on page 13, section 9 regarding the amendment to ordinances asks for
a period of seven years however other developers such as Grande Reserve only ask for five years.
Attorney Stein stated that the original request was for ten years and City staff insisted on five
years so a compromise was made for the seven. Alderman Sticka stated that the City has pending
ordinance changes(landscape and architectural ordinances)and he would like to see them
effective immediately not in seven years. Also if five years works for one subdivision, why
should another subdivision get an additional two years. Establishing a policy to address this was
discussed. Mr. LaFave stated that they would agree to the five years period and he asked to get
copies of pending ordinances that may affect the development. Attorney Kramer stated he would
get this information to Attorney Stein.
Alderman Sticka noted that under the Performance Standards section of the agreement it states
that the minimum lot size can be reduced to 10,000 square feet when the lot backs up to open
space. He asked if"open space" should be further defined. Attorney Stein stated that they could
have their planner coordinate with Administrator Graff and/or Mrs. Kurtzman to define the open
space.
Mayor Prochaska had a question on the Public Utilities and Public Improvement section of the
agreement(page 10)regarding a temporary pump station for the commercial area. Mr. LaFave
stated that they have had conversations with Attorney Kramer and Administrator Graff regarding
this and modifications to this have been proposed. He stated that the downstream capacity is the
issue so they proposed language so they would have capacity during normal hours. In the event
that the downstream extension does not happen in the future, a wet well was proposed to collect
waste water and pump it at night. They are in discussion with Deuchler(YBSD's engineering
Page 4 of 11
firm)regarding this. Mayor Prochaska stated that he took issue because the agreement states that
the rights of the City would be terminated and he stated that he would not support any agreement
stating this. Mr. LaFave stated that the language was revised in this section and he would make
sure the Council gets a copy of it.
Mayor Prochaska asked if the upgrading of Corneils Road was addressed in the agreement
because it will become a city street upon annexation. Attorney Kramer stated that it was not
addressed because it was addressed in a previous annexation agreement. He stated that he will
review the Undesser agreement to verify how it was addressed.
There were no further comments or questions.
This item will move forward to the July 22, 2003 City Council meeting subject to receiving clean
copies of the agreement for review before the meeting.
Menard's Residential Annexation Agreement—Update
Attorney Kramer reported that the Menard's attorney was contacted with changes to the
agreement. They made the changes however in a manner that is not consistent with the way that
the City normally does them. The Menard's attorney discussed this with Attorney Kelly Kramer
today and advised her that all the changes from the July 14, 2003 memo would be incorporated
into the agreement. Attorney Kramer also noted that the School District issues were resolved. He
advised the Menard's attorneys that staff needed time to review the draft before July 18, 2003 at
noon. He also asked for four signed copies for the City Council meeting.
This item will move forward to the July 22, 2003 City Council meeting subject to receiving clean
copies for review before the meeting.
Grande Reserve Annexation Agreement—Update
Representatives from MPI were present. Attorney Steve Rhodes gave an update to the Council:
o Block variances were listed as requested.
o Cul-de-sac variances were reduced from 1040 feet to 740 feet. The ordinance calls for
650 feet.
o A perimeter roads exhibit was added indicating enhancements to the roads.
o Water recapture areas were further defined.
o Language regarding the phasing of the project was added.
o School District language regarding the location of the school sites was added. The School
District agreed to this.
o As requested by the Park&Recreation Department, the areas of the park which are high
and dry were outlined.
o The bike trails were moved to be more adjacent to right-of-ways.
o Architectural standards will be met and exceeded.
Alderman Sticka asked if the development's signs are within the ordinance standards and
Administrator Graff started that there is variance language in the agreement similar to that in
other agreements that have already been passed. This was reviewed by Building Inspector Bill
Dettuier.
Alderman Sticka also questioned language in the agreement which states that the City agrees to
improve designated park sites in accordance with the park concept plan; the developer agrees to
donate a certain amount towards the improvements but anything over the donated amount the
Page 5 of 11
City is obligated to do. He was concerned about the method used to assign costs for the
improvements and that the City was agreeing to something that could cost an unknown amount in
the future. Administrator Graff clarified that the developer will construct the parks as designed
by City Planner Mike Schoppe. The City will have cost estimates for each park which will
provide an idea at to the City's fmancial responsibility. Executive Director of Parks &Recreation
Laura Brown noted that there are grants available for the parks. After some discussion, it was
suggested that the wording of this should be revised.
Alderman Sticka noted that the agreement refers to"required"road improvements, those to be
done by the developer and"desired"road improvements,those the City would like done. He
questioned the fact that the"desired" improvements are double the cost of the"required"
improvements that the developer is going to do. Mayor Prochaska explained that there was a
$2,000.00/unit charge or another$5 million which will be used for the roads. The remainder of
the cost is dependant on how the City wants to design the roads. There was further discussion on
the installation of traffic signals;the developer will pay for the signals however the City will
install the signals and road improvements.
Alderman Kot questioned the phasing language which states that is will be done in accordance
with the best engineering and development practices. He asked what document controls this.
Attorney Kramer stated that there is no particular document that controls this but is based on the
City and developer's engineers. There was further discussion of this issue with examples of best
engineering practices being presented to the Council.
Administrator Graff stated that upon the Council's request, staff has reviewed the document and
is comfortable with the language. Reports were still needed from Engineering Enterprises, Inc.
(EEI)and City Planner Mike Schoppe. It was suggested that a disclaimer be included stating that
the exhibits are conceptual and it is still subject to fmal engineering.
This item will move forward to the July 22, 2003 City Council meeting subject to receiving clean
copies for review before the meeting.
Caledonia Land Use Plan
Chuck Hanlon with Land Vision for Inland addressed the Council. Mr. Hanlon gave a brief
history of the development and went over the current proposed plan for the 85 acre site; 206
single-family lots, density of 2.4 units/acre, average lot size of 12,124 square feet and minimum
lot width of 70 feet. He indicated what portion of the development would be dedicated for Parks.
He stated that the Plan Commission had a concern with the width of the side yards and the
landscape buffers between the industrial area of F.E. Wheaton and the residential area.
Alderman Kot asked how many of the lots were less than 12,000 square feet and how many were
less than 10,000 square feet. Mr. Hanlon stated that he did not have that answer and would get
the information to the Council.
Alderman Sticka asked if the flood plain issues had been resolved. Mr. Hanlon indicated that the
flood plain study was still being reviewed. Attorney Kramer stated that if it is determined that
there are lots are in the flood plain, the developer can reconfigure the design and remove them
however if they insist on building in this area,the City can refuse to issue building permits for
these lots.
Alderwoman Burd questioned if this would be considered a transition area. Mayor Prochaska
stated that because of an agreement made in 1996, the developer is allowed to have a higher
Page 6 of 11
density that is currently allowed. He stated that he was not sure if this area was designated a
transition area in the Comprehensive Plan. There was further discussion regarding the original
Planned Unit Development(PUD)and density.
Alderman James noted that manyof the new subdivisions are includingbike trails. He asked if
this was considered for this area. Mr. Hanlon stated that they could probably incorporated access
to the regional trail into the south side of the plans. Ms. Brown agreed that the Parks Department
has considered a connection on the south side of the development to connect to the county trail.
There was also discussion regarding utility easements and the roads in the development.
Attorney Kramer stated that the developer has brought this in as the preliminary plat under the
existing PUD. Mayor Prochaska stated that the PUD does not address issues such as the side yard
width. He asked how this information will be documented. Attorney Kramer stated that these
variances could be specified either by indicating that upon the approval of the preliminary plat
there are performance standards to meet or a formal amendment can be made to the PUD. The
easier method is to include the standards in the ordinance approving the preliminary plat. He
suggested that Building Inspector Bill Dettmer work on the standards and the ordinance
addressing these return to the August 5, 2003 Committee of the Whole meeting.
PC 2003-08 Heartland Business Center Final Plat
Alderman Sticka reported that the Plan Commission voted 8-0 in favor of the fmal plat for the
business center. He noted that the property has been divided into three lots;two relatively small
ones and one good size lot which may be subdivided some time in the future. Attorney Steve
Rhodes, substituting for Attorney John Philipchuck, was present to answer any questions.
There were no comments or questions.
This item was placed on the July 22, 2003 City Council meeting regular agenda.
PC 2003-10 Raintree Village Final Plat
Rich Guerard from Wyndham Deerpoint presented the Raintree Village Unit One Final Plat
consisting of 100 single-family lots. This is the first of six units. Alderman Sticka noted that the
Plan Commission voted 8-0 in favor of the fmal plat.
There were no comments or questions.
This item was placed on the July 22, 2003 City Council meeting regular agenda.
PC 2003-06 Senior Apartment Housing—Rezoning
Rodger Brown with NDHC Seniors addressed the Council. He explained that the apartment
building, located on Route 47 and Greenbriar Road, will have onsite detention and will consist of
42 one and two bedroom independent living units. Rent will be$500 to$800/month and the
apartments will be available to individuals who are 55-years-old or older. The developer is
requesting that the property be rezoned from B-2 to R-4.
Aldermen James and Sticka expressed their concerns that the plan indicates a sidewalk that does
not connect to anything. They felt that since the apaituient is planned for seniors, the residents
might like to use the sidewalk for recreation. The Council discussed the future placement of
sidewalks in the area.
Page 7 of 11
Mr. Brown noted that they are asking for variances for the height of the building and the number
of units per acre. Mayor Prochaska noted that there will be a public hearing for the rezoning and
he wanted it specified that the zoning will be changed to R-4 for senior housing.
Mayor Prochaska and Alderwoman Ohare complimented Mr. Brown on the appearance of the
building. Mayor Prochaska commented that the side of the building along Greenbriar Road
should have a similar elevation as the front of the building. Alderwoman Ohare question if the
entrance width was sufficient and Mr. Brown indicated it was.
Alderwoman Burd asked if the canopy would reach all the way to the parking garage. Mr. Brown
stated that the ordinance does not require that this be connected to the garage.
There were no further questions or comments.
Attorney Kramer noted that to establish the differences in height and units as variances would
require another public hearing. He recommended that a PUD agreement with these requirements
be done. The PUD agreement will be brought back to the August 5, 2003 COW meeting to be
reviewed. The public hearing for the rezoning will be scheduled for August 12, 2003 with a
possible vote at the August 26, 2003 City Council meeting.
Kimball Hill Homes Annexation Agreement
Attorney Steve Rhodes, again substituting for Attorney John Philipchuck, was present to answer
any questions. He noted that there were revisions to the agreement. Administrator Graff noted
that the lot widths along Cannonball Trail are being made wider to reflect those of the
neighboring subdivision Kylyn's Crossing.
The item will come back to the August 5, 2003 COW meeting with a possible vote at the August
12, 2003 City Council meeting.
Morrissey Annexation Agreement
Attorney Kramer reported that there was a public hearing for the annexation agreement at the
last City Council meeting. Mr. Morrissey will have a signed agreement to the City by July 18,
2003.
There were no questions or comments.
This item was placed on the July 22, 2003 City Council meeting regular agenda.
Proposed Text Amendment for Architectural Overlay District and Landscape Ordinance
Anna Kurtzman reported that the text amendment to the overlay would apply primarily to
commercial/industrial type properties. The area considered is along Route 47 from Walnut Street
to Route 126 and all sides of the courthouse. The purpose of the overlay is to keep an
architectural standard of a residential style. She noted that any variances or objections to the
overlay would be presented to the Façade Committee for review.
Alderwoman Burd stated that she envisioned something that would maintain existing building
facades without restrictions. Mayor Prochaska noted that the intent was to preserve what is
currently present and suggested adding language indicating a certain look was to be maintained.
Alderwoman Burd expressed other concerns regarding the use of brick and stone, crosswalk
material, signs and awnings.
Page 8 of 11
Mayor Prochaska asked Mrs. Kurtzman to add language that supports the reuse of existing
buildings, encourages the use of period architectural facades and clarifies awnings. He asked that
stone for a crosswalk be deleted.
Mrs. Kurtzman also reported on the clean-up of the Landscape Ordinance language. The main
concern addressed was with the replacement of trees and plantings that die. The Council
discussed making a distinction of the size of the development versus the percentage of
replacement trees. The Council also discussed the remodeling of buildings and how it affects the
use of existing trees.
Mrs. Kurtzman reported that the Appearance Code would apply throughout the community.
Standards are being suggested for single-family homes, duplexes, etc. Attorney Kramer
suggested that the code be developed into a non-monotony code. He stated that several
communities have this type of code and developers often ask to review it. He also suggested that
pending petitioners of new developments receive a draft of this code so they are aware of it.
Alderman Sticka questioned Item#7 on page 4 of the Appearance Code stating that the
architecture shall keep with the topographical character of the site. He asked for clarification of
this statement. Mrs. Kurtzman stated that a building could be built that would not follow the
topography of the site. Alderman Sticka felt this would be hard to enforce. He noted several
areas of the code that were ambiguous; suggesting rather than requiring compliance.
Attorney Kramer commented that he felt there will probably be a lot of comments from the
building community on the requirement that brick or other masonry material be used on all sides
of residential buildings(multi-family and single-family attached).
Alderman Kot suggested that the crime prevention officer review the document to give security
suggestions on things such as lighting,placement of landscaping, etc. Mayor Prochaska stated
that this was a good suggestion and Mrs. Kurtzman stated she would take of this.
There was no further discussion.
This item will return to a future COW meeting after revisions are made.
Ordinance Amending City Code B-1 Limited Business District to Allow Office District Use
Attorney Kramer stated that this was a clean-up item. A real estate office in the new B-1 district
asked if this was an allowable use because there were conflicting items in the ordinance. This
amendment states that all office uses are permitted in the B-1 District. He indicated that a public
hearing concerning the amendment was already held at a Plan Commission meeting.
There were no comments or questions.
This item was placed on the July 22, 2003 City Council meeting agenda.
MAYOR
Intergovernmental Agreement between School District,City Parks&Recreation and Police
for the Exchange of Facilities and Services—Update
Mayor Prochaska reported that the City has been in discussion with the School District regarding
the method by which they exchange services. He stated that he asked Ms. Brown to look at the
question of the exchange of services. Her summary to the Mayor stated that the City would easily
Page 9 of 11
meet the$21,000.00 cost of the school police officer and could even exceed it. The agreement
addresses the exchange of the services for the school police officer and the use of School District
property for City sponsored events. There will not be an exchange of dollars. The agreement
will be for one year and services and costs will be monitored. The School District received a
copy of the agreement and they indicated that they are waiting for comments from staff before
commenting to the Council. Administrator Graff indicated that the Council would probably not
hear from the School District until after the first of August. Mayor Prochaska asked him to
contact them for feedback.
The Council did not have any concerns or questions.
Resolution for Kendall County Hydrogeologic Resource Assessment
Mayor Prochaska reported that the City is considering participating in the funding of the
assessment. He asked Administrator Graff if this could be used as part of the City's fine for
being late with radium compliance. Administrator Graff stated that the Illinois Environmental
Protection Agency has been contacted and he was waiting for verification from Attorney Harsch.
He stated that he should have a letter regarding this by July 18, 2003.
Mayor Prochaska suggested that this item move on to the July 22, 2003 City Council meeting
pending confirmation from the attorney.
PUBLIC SAFETY COMMITTEE
No report.
PUBLIC WORKS COMMITTEE
Water Conservation Ordinance
This item was brought back to the Council after its public hearing on July 1, 2003. The Council
discussed page 3, section 4, regarding the watering of new sod, lawn seeding and new
landscaping from July through August 31St. The Council discussed prohibiting planting
versus having residents find an alternate method to watering as well as adding language stating
that resident's plant at their own risk during this time period. Mayor Prochaska suggested
changing the language of the ordinance to state that the planting of new lawns and landscaping is
not encouraged during the months of July and August but may be done at property owner's own
risk. He also suggested that this information be passed along to new residents and builders so
they are aware of the water conservation period. Alderman Kot questioned if there was an appeal
process to the penalty. Attorney Kramer stated that violating the ordinance is a petty offense
similar to a traffic ticket and an appeal would heard in court. He stated that a section addressing
an appeal process could be added to the ordinance. Alderman Kot also noted that the language in
the section referring to the fines was confusing. Attorney Kramer stated he would look into the
language. Mayor Prochaska noted that the ordinance would not be effective until May 2004.
It was decided to revise the ordinance and bring it back to the August 5, 2003 COW meeting.
ADMINISTRATION COMMITTEE
Engineering Assistant—Revised Job Description
Administrator Graff reported that staff has recommended the creation of a new position for the
Engineering Depai lucent. The position will be full-time, non-exempt and is in the budget. The
job description has been reviewed by the labor attorney.
Page 10 of 11
This item was placed on the July 22, 2003 City Council meeting consent agenda.
City Engineer—Revised Job Description
Administrator Graff reported that this was a revision of the existing job description. Language
was added to address the fact that the City Engineer is now overseeing and managing outsourced
engineering projects. Also added was language stating that the City Engineer will oversee
fmancial information and make recommended reductions in regards to developer's letters of
credit. Mayor Prochaska asked Attorney Kramer if City Engineer Joe Wywrot needed to sign-off
on the changes to his job description. Attorney Kramer recommended getting consent from Mr.
Wywrot that he accepts the job description changes. Administrator Graff stated that he discussed
this with the labor attorney and it was recommended that Mr. Wywrot provide something in
writing stating that he received and is aware of a new job description for his position. This would
take place after the description is approved.
This item was placed on the July 22, 2003 City Council meeting consent agenda.
Emergency Check Signer—City Administrator
Alderman James reported that there have been instances when two aldermen have not been
available to sign payroll checks. In the event of this happening,this will give the City
Administrator or Finance Director authority to sign payroll checks, along with one alderman.
Mayor Prochaska asked that the language giving this authority be more specific;he asked that it
indicate that the second signature on the check must be an elected official. Alderman James
stated that the Administration Committee recommended this.
This item was placed on the July 22, 2003 City Council meeting consent agenda.
Request For Proposal—Furniture Specs
Administrator Graff stated that this was discussed at the Administration Committee. He indicated
that he and Finance Director Pleckham have compiled a spec list for office furniture. They are
asking for permission to go out for Requests for Proposal(RFP). They will bring the RFPs back
to the Council when they are received. Mayor Prochaska suggested that this go out to bid rather
than as an RFP. The Council agreed.
EXECUTIVE SESSION
Mayor Prochaska indicated that the Council was not going into executive session this evening.
ADDITIONAL BUSINESS
Skate Park
Alderman James stated that the relocation of the 12 x18 foot shed from the skate park to a ball
field was discussed at the July 14, 2003 Park Board meeting however they were not sure if this
would be useful. They have received donations of architectural services, construction materials,
etc. to build a permanent facility with restrooms. The Park Board is checking their budget to see
if this is feasible. They feel the cost will be between $10,000.00 and$20,000.00 for the structure.
Mayor Prochaska asked Ms. Brown if the shed could be moved to another location and be used
for storage. She stated that they have looked into this but as of now,they have not found a place
to move the shed. She stated that it has also been suggested offering the shed to the School
District.
Page 11 of 11
Meetings at Beecher
Alderman Sticka asked that the Council never have another COW meeting in the Perkins Room
of the Beecher Center because the acoustics make it difficult to hear.
Bristol-Kendall Fire District Meeting
Mayor Prochaska reported that he attended the BKFD meeting earlier in the evening. He
discussed with their Board the possibility of working cooperatively in locating sites for future
facilities. He indicated that he will be bringing more information to the Council in the future. He
stated that they asked about the status of the Menards site because they have not received
anything in writing addressing this. Administrator Graff stated that he would look into this.
Mayor Prochaska and minute taker Cindy Green also informed the Council that Fire Chief Mike
Hitzemann was hospitalized at Copley Hospital after falling off a ladder and being seriously
injured.
There was no further additional business.
The meeting was adjourned at 10:55 P.M.
Minutes taken by Cindy Green
Transcribed by Jackie Milschewski, City Clerk
Page 1 of 11
UNITED CITY OF YORxVILLE DRAFT
COMMITTEE OF THE WHOLE
AUGUST 19, 2003
7:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderwoman Wanda Ohare (arrived at 8:05)
Alderman Joe Besco Alderwoman Rose Spears
Alderman Paul James Alderman Richard Sticka
City Clerk Jackie Milschewski City Treasurer Bill Powell
CITY STAFF PRESENT:
City Administrator Tony Graff City Attorney Kelly Kramer
Public Works Director Eric Dhuse Finance Director Traci Pleckham
Director of Parks & Recreation Laura Brown
GUESTS:
See attached list.
PRESENTATION
Library Addition by Architect
Rich McCarthy with BCA Architects gave a presentation to the Council on the Library
addition. He reported that the project is nearing the end of the schematic design phase
and he wanted to give an update as to the progress of the addition. Mr. McCarthy
covered the following items in his presentation:
o Overview of BCA
o The Library Building Program— State of Illinois sets standards for library
service. The library's level of service will be adequate for the projected
twenty-year population.
o Conceptual Building Costs—building cost is estimated at $4.9 million with a
total project cost of$7.3 million(includes furniture, contingency costs, etc.).
Once the schematic design is finished, a more detailed estimate will be
ascertained.
o Space Summary—upper level will be adult library and administration offices
whereas the lower level will house the children's library, circulation services,
technical support and meeting rooms.
o Organizational Analysis—organized collections more specifically on each
floor.
o Environmental Analysis — studied how sunlight comes into building. North
light is the best so the public areas will face north whereas the administration
areas will face south.
o Adjacency Analysis—gave spaces more detail and determined how the addition
would fit on the site.
o Context, Community and History—investigated the community that library is
in. What does current library look like, what materials have been used in other
buildings in the community, what is the scale of other buildings in the area, etc.
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o Models— showed exhibits indicating the layout of the addition in relation to the
existing library building. Presented features such as the floor plan, night gate
option, light wells, etc.
o Site Analysis—the new addition will fit in well with existing site and can be
built out with very little disruption to old building.
o Building Studies—studies to develop the proper scale for the addition.
o Mass Models—presented photographs of mass models that were created of
showing the existing library and addition.
Mr. McCarthy asked for questions and/or comments.
Alderman Sticka stated that the design of the parking lot seemed to no longer allow the
police to exit out of their parking lot. Mr. McCarthy stated that the next level of design
will include a traffic study of the area and this will be addressed. They realize that the
police have to be able to get out of their parking lot without jeopardizing library patrons.
Alderman Sticka also stated that he was impressed with the addition
Alderman James expressed his concern with the congestion in the area when the schools
let out. Mr. McCarthy stated that this will also be addressed based on the traffic study
and by working with the City. Alderman James asked what the time frame was for the
addition. Mr. McCarthy indicated that everything is up to the City Council because the
funding mechanism needs to be determined, bonds versus a referendum, before
construction can proceed.
City Treasurer Powell questioned the design of the midsection of the roof which appears
flat. He asked if it was perfectly flat or with a slight pitch. Mr. McCarthy stated that the
center would be pitched in for drainage.
Mayor Prochaska asked what the next step in the process was. Mr. McCarthy stated that
the schematic design needs to be finished and once everyone is comfortable with the
plan, it will be sent out for a detailed cost estimate. If everyone agrees on the detailed
estimate, the next step is the detailed design development. After this, another cost
estimate is prepared. If everything is looking fine, the construction documents are
prepared.
Mayor Prochaska stated that the issue of a basement or lower level has been discussed
and asked if it could be accommodated on the site. Mr. McCarthy stated that a basement
can always be put under a building however based on soil borings of the site there are
concerns with the location of the water table under the building. This can cause
dampness and affect the appropriate floor to ceiling height. He noted that a basement
will also substantially increase the cost of the building. He indicated that if the library
ran out of space, the existing building could be leveled and rebuilt into a full two-story
building. This can be done when and if it is needed.
Alderman Sticka asked what the square footage of the addition was. Mr. McCarthy
stated that including the existing building, the square footage would be 38,000 square
Page 3 of 11
feet. The existing building is close to 6,000 square feet. The Council discussed the
mezzanine section of the existing building and Mr. McCarthy stated that if this area was
upgraded it would trigger code compliance such as fire exits. He was not sure the
amount of square footage in the mezzanine was worth upgrading. He proposed that it not
be used for the public.
Mayor Prochaska asked if the current plan was in budget. The Library Board indicated
that finishing the plans was still in budget. Mr. McCarthy indicated that the plans should
be finished in about a month and then can be submitted for the cost estimate.
Administrator Graff asked if there were any similar projects that BCA has worked on
within the last three years that the City could contact in order to discuss how the projects
were financed. Mr. McCarthy stated he would email Mr. Graff the information and he
would also provide a few names of groups that finance library projects.
Alderman James asked if a public hearing was needed for the project. Mayor Prochaska
stated that first the cost of the project needed to be determined along with what type of
revenue source would be used before having a public hearing. The Council further
discussed public hearings versus public meetings for resident's input.
There were no further questions or comments from the Council.
Jo Ann Gryder with the Library Board stated that they were excited about the library
growth and that they appreciated the City Council's support.
MAYOR
Proposal for Grant Application for Illinois Tomorrow Planning for Corridors
Mayor Prochaska reported that the City had the opportunity for a grant called the Illinois
Tomorrow Planning for Corridors sponsored by the Illinois Department of Transportation
(IDOT). Grant writer Laura Ross will be applying for the grant which will be used for
planning for the development of safe routes (bike trails, sidewalks, etc.) for getting
around the city and for designing pedestrian access and streetscapes in the downtown
area. The grant is worth about $80,000.00 and needs to be submitted by August 29, 2003.
Executive Director of Parks & Recreation Laura Brown stated that this is a 10% matching
in kind only grant and Ms. Ross is confident that she can work the numbers so there will
be no out of pocket expense to the City.
Mayor Prochaska recommended that this move forward. Ms. Ross has already started the
paperwork and is about 90% finished. The City already has other projects it's involved
with that will tie in the in kind percentage.
Alderwoman Spears asked how the City heard about the grant and Ms. Brown indicated
that she researched it. She stated that if the grant is worded that the City will RFP
Page 4 of 11
(Request for Proposal) the planning component, then the best company for the best price
can be obtained. The grant will cover the cost of the planners.
Mr. Graff noted that this is a competitive grant however Yorkville has the unique quality
of having four state routes in the community.
Alderwoman Spears asked if the Council could receive something in writing outlining
what the grant covers. Mr. Graff stated that when the grant application is finished he will
distribute a copy to the Council.
The Mayor needs to sign the application and if it is awarded, the Council will vote to
accept it.
Historic Street Names Procedures
Alderwoman Spears reported that the Human Resource Commission(HRC) has
developed procedures for the street naming procedures. She indicated that the Clerk's
office will keep the records and do the mailings needed. The HRC has some names that
they are recommending for approval as well as pending names that they would like more
information on. Mayor Prochaska expressed that this is more work being added to the
Clerk's office and in the future this may affect staffing.
Alderman James noted that there is a street naming procedure, historical street naming
procedure and a park naming procedure. He recommended that they all be developed
into one procedure. Mayor Prochaska stated that the historical street naming is part of the
regular street naming procedure. Mr. Graff stated that the historical street name process
establishes names to be used and the street naming process gives developers a list of
existing street names as well as the historical name list. The names on the existing list
cannot be used whereas they are required to choose a minimum of one name off the
historical list. Alderman James stated that he made the recommendation so that
procedures can be kept together rather than having several procedures.
Alderwoman Spears stated that she thought the City Council was going to develop the
number of historical names to be used based on the size of the development. Mr. Graff
did not think that the ordinance addressed this and Mayor Prochaska suggested that the
ordinance be revisited to verify how this is addressed.
The street naming ordinance will be brought back to the September 9, 2003 Committee of
the Whole meeting.
PUBLIC WORKS COMMITTEE
No report.
Page 5 of 11
ECONOMIC DEVELOPMENT COMMITTEE
Ordinance Granting Special Use for 9818 Route 71 (Greene Property)
Alderman Sticka reported that this is the old Doetschman property and the current owners
would like to have run an antique business out of the farmhouse. There were some
objections from nearby residents however the business can be limited to just antique sales
and the neighbors are content with this. There was a public hearing and where there was
no public comment.
This item was placed on the August 26, 2003 City Council regular agenda for a vote.
PUBLIC SAFETY COMMITTEE
No report.
ADMINSTRATION COMMITTEE
Request to Hire Engineering Assistant
Alderwoman Spears reported that this position is for an assistant to City Engineer Joe
Wywrot. The Administration Committee gave a positive recommendation to advertise
for this position. The Committee discussed the position and salary range in April 2003
and recommended that a separate salary range for this position be created however it
never was done. It was felt that the salary range of$26,910.00 to $37,979.00 was too
high when compared to other positions in the City.
Mayor Prochaska stated that Mr. Wywrot recommended that the salary be in the range of
the administrative support staff positions. Mr. Wywrot feels that there are technical
requirements that are included in this position which makes it more than just a general
support position. He specified things such as knowledge of AutoCAD software.
The Council discussed the ranges of the salaries for general support staff versus the range
for the administrative support staff. Mayor Prochaska commented some areas have a
large salary range and others do not.
Alderwoman Spears stated that if someone is being started at a salary of$32,085.00 they
should have specific courses completed. Mayor Prochaska recommended that applicants
have a certificate of completion in AutoCAD. Alderwoman Spears stated that this
requirement should be included in the job description. Alderman James pointed out that
an applicant may have learned Auto CAD at another job and might not have a certificate.
He felt this limited candidates. The Council discussed that there are tests that can be
given to see how competent a person is in AutoCAD.
The Council went over the job description for the position. Mr. Graff noted that the
description includes minimum and preferred experience and education. He stated that as
long as a requirement stating that a proficiency test must be passed to demonstrate skills
is added, the job description may not have to change. Mayor Prochaska asked Attorney
Page 6 of 11
Kramer to verify this. Mayor Prochaska suggested that salary be dependant on the
outcome of the test.
This item was placed on the August 26, 2003 City Council regular agenda. .
Radium Compliance/Water Project Alternate Revenue Bond
Finance Director Traci Pleckham reported that that the City will need to issue a$7.9
million Alternate Revenue Bond for the Radium Compliance/Water Project. This is the
second portion of the financing for this project. A $4.8 million Debt Certificate was
already issued. Mrs. Pleckham distributed the timetable for the bonds. She stated that
she spoke with Jeff Freeman with Engineering Enterprises, Inc. (EEI) and they are
hoping to award the next bid on October 28, 2003. She stated that drafts of the
authorizing ordinance and the notice of intent were in the Council's packets. She
explained that this is a conditional revenue bond and there is a thirty day waiting period
in which a percentage of registered voters can petition that this be placed on a referendum
for a vote. Mrs. Pleckham went over the timetable.
Mayor Prochaska explained that the City has to borrow this money in order to build the
treatment plant needed to bring the City into radium compliance. He also pointed out that
Spear Financial is end-loading the bonds so the City will be paying interest only during
the first part of the loan. The balance will be paid off later in the loan period which is
when the City will have more growth. The idea is to not place the burden on residents by
raising water rates at this time.
The Council discussed what would happen if someone petitions for a referendum. Mayor
Prochaska noted that if this happens, the referendum would be on the ballot at the next
election and this would delay the process which could result in fines. If the referendum
does not pass, the Environmental Protection Agency will shut down the City's wells.
Mrs. Pleckham explained that the City Council would need to pass the Authorizing
Ordinance and the Notice of Intent. After this passes there needs to be a Bond Issue
Notification Act (BINA) hearing. Also, thirty days after the Council passes the
Authorizing Ordinance, the Bond Ordinance is passed (October 28, 2003). The closing
of the bonds is typically within two to three weeks or around November 10, 2003.
It was the consensus of the Council to hold the BINA public hearing on September 9,
2003.
The Authorizing Ordinance and Notice of Intent were placed on the August 26, 2003 City
Council regular agenda for a vote.
Radium Compliance Legal Update
Mayor Prochaska reported that the City's attorney, Roy Harsch, has met with the IEPA.
Since the City has voluntarily acted to involve itself in projects costing money to improve
the radium problem, the IEPA has looked favorable upon the City and will not assess any
fine or penalty and will not turn the matter over to the Attorney General's office. The
Page 7 of 11
Mayor thanked Attorney Harsch for his work with the IEPA and Representative Lindner
who spoke out on behalf of the City.
Bruell Street Pump Station Bond Bank Ordinance
Finance Director Pleckham reported that the City has entered into the Illinois Rural Bond
Bank Pooled Financing Program for the sewer project. This will save interest costs over
the life of the bond. Again, Mrs. Pleckham supplied a timetable for the bond issue. The
Illinois Rural Bond Bank will meet on August 21, 2003 to approve the remaining
applicants for the pool and Yorkville is one of them. Upon their approval, the City
Council can approve the ordinances at the August 26, 2003 City Council meeting. The
term of the bonds is twenty years and the revenues from sewer connection and sewer
maintenance fees will be applied to the loan. Heartland Circle is also front-funding their
sewer connection fees to be applied to the bonds along with the cost of a lift station that
the developer no longer needs to install. Mrs. Pleckham also commented that the
documents had been reviewed by Attorney Kramer.
This item was placed on the August 26, 2003 City Council regular agenda for a vote
pending the vote of the Illinois Rural Bond Bank.
Snowbird Policy
Alderwoman Spears stated that this is a policy that is issued annually however there are
some suggested changes to be made. Changes noted were:
o Second paragraph- the wording "residence is" should be corrected to "residents
are"
o Fourth paragraph- the word"absence" should be "absent" and wording
indicating that the $25.00 fee has to be paid at the City office prior to the shut-off
order being issued should be added
o Sixth paragraph—"residence" should be "resident";the name of the city should
be changed to United City of Yorkville; and a sentence stating "Please allow one
week to schedule the water turn-on" should be added.
She also noted that the Yorkville-Bristol Sanitary District waste water treatment charge
($76.11) will not be waived during the resident's absence.
Mrs. Pleckham indicated that she would make the corrections to the policy.
This item was placed on the August 26, 2003 City Council consent agenda.
YBSD Intergovernmental Agreement
Alderwoman Spears reported that the Administration Committee recommended the agreement
pending Attorney Dan Kramer's review. Attorney Kelly Kramer stated that Attorney Dan
Kramer reviewed it and stated that everything was fine however she felt she wanted to
verify some wording regarding conceptual plans with him. The Council discussed the
wording pertaining to this.
Page 8 of 11
This item was placed on the August 26, 2003 City Council consent agenda pending legal
clarification.
Meeting Minute Recorders
Alderwoman Spears reported that Clerk Milschewski surveyed other municipalities to see
how they handle meeting minutes. Some communities have a full-time City Clerk who
does all the minutes; one city has the department heads prepare minutes and there is a
professional service that charges $30.00/hour for both the meeting and transcription time
alongwith overtime for meetings that run past 10:00 P.M. The Administration
g
Committee is recommending that the pay scale for minute takers be increased in order to
attract better candidates. The pay scale will be increased from$30.00/two hour meeting
to $35.00/two hour meeting. Pay for time in excess of two hours will be increased from
$12.50/hour to $17.50/hour. Minute takers will be paid two hours of transcription time
for every hour of a meeting at a rate of$10.00/hour.
This item was placed on the August 26, 2003 City Council consent agenda.
Office Furniture—Results of Bid Openings
Alderwoman Spears reported that staff compiled a spread sheet indicating the results of
the bids for office furniture. They are recommending the bid be awarded to Rakow who
had the lowest bid at $55,163.11 which is in budget. The Administration Committee is
recommending the bid be awarded not to exceed the $55,163.11.
This item was placed on the August 26, 2003 City Council consent agenda.
Grande Reserve SSA—Resolution of Intent
Alderwoman Spears reported that the SSA is for the infrastructure for the Grande Reserve
development. Mr. Graff noted that the SSA is capped at $60 million for the project. The
SSA's was drafted by Attorney Chris Knight and forwarded over to Attorney Dan
Kramer for review. Mrs. Pleckham indicated that Attorney Kramer sent a memo indicating
a few minor revisions. She stated she will have this highlighted in the draft that will be
included in the City Council meeting packet. Mayor Prochaska noted that the SSA
applies only to the residents that will live in the development.
This item was placed on the August 26, 2003 City Council consent agenda.
PARK BOARD
Riverfront Plaza Shelter
Ms. Brown reported that the Park Board is asking for Council approval to go out for
RFP's to install a shelter to cover the Riverfront Park plaza. She stated that there is
$40,000.00 in the budget for this and they are bidding it out with three different
processes; the shelter itself, installation and an alternative with limestone masonry being
added. She stated that a few local business people have offered to help install the shelter
in order to save money.
Page 9 of 11
Alderman James asked if there were any funds available from the Riverfront Foundation
that could be applied towards this. Alderman Sticka and Mayor Prochaska suggested
investigating this further.
Mayor Prochaska reported that the Park Board is asking for the City Council consent to
go ahead with the project. Usually if something is in the budget, only the Park Board's
approval is needed however the shelter was not specifically mentioned so the approval of
the City Council is needed for the RFP.
Alderwoman Spears indicated that she was not comfortable with spending funds on a
shelter that isn't necessarily needed. Mayor Prochaska reminded her that Land Cash
Funds which can only be spent on capital improvements in the parks were being used. It
was the consensus of the remaining Council members that the Park Board should go out
for RFPs. Alderman James indicated that the shelter would be an asset to the park and
Alderman Sticka stated that this is a nice project that the City wanted to do many years
ago but didn't have the money to do.
Alderwoman Spears asked if Land Cash funds could be used for a park in Countryside
where there is no park. Mayor Prochaska stated that this is a gray area because the
developers of Countryside never paid Land Cash Funds like all the other developers have.
Ms. Brown stated that some developers give cash rather than land to be used towards
parks. These funds can be applied to matching grants that can be used to build parks in
the older areas of the City.
Mayor Prochaska inquired about the status of the Countryside open space. Mr. Graff
stated that the title work is complete and the legal work in now in process.
Alderwoman Spears noted a few typographical errors which she indicated she would give
to Ms. Brown.
Illinois Clean Energy Lighting Grant
Ms. Brown reported that the staff has submitted a letter of inquiry to Illinois Clean
Energy for the Energy Efficient Lighting Upgrade Grant for the Beecher Community
Center. The grant will allow the City to replace the twenty-year old lighting with more
energy efficient lighting. It is a 100% grant for $35,000.00. If the City's final proposal is
accepted, the City should be notified in October.
Mayor Prochaska asked the Council if they agreed Ms. Brown should continue with the
process. The consensus was to continue.
ADDITIONAL BUSINESS
Mills Street Project
Alderman James inquired about the progress of the Mills Street project. Director of
Public Works Eric Dhuse stated that the project was progressing well but he did not have
a timetable for completion.
Page 10 of 11
School Intergovernmental Agreement
Alderwoman Ohare stated that she did not receive the information on the school
intergovernmental agreement. Mayor Prochaska stated he would get the information to
her.
Grant Writer Information
Alderwoman Ohare stated that the Council was supposed to receive information
regarding what the grant writer was working on. Alderwoman Spears stated that this was
discussed at the last Administration Committee meeting and they have requested a
spreadsheet with exact information regarding grants. This will be discussed at the next
Administration Committee meeting.
Detailed Expense and Revenue Report
Alderwoman Ohare asked if she could schedule time with Finance Director Pleckham
and City Treasurer Powell to go over the Detailed Revenue and Expense Report because
she has questions she would like answered.
Countryside Area Weeds
Alderman Besco stated that he has noticed a lot of weeds growing along the curb edges in
the Countryside area. Mr. Dhuse stated that the streets will be swept and sprayed after
his crews get done with baseball fields, brush pickup and Hometown Days.
Awarded Grants
Alderwoman Spears noted that she had a list of grants that were awarded by local
senators to various villages and towns and the United City of Yorkville was not on the
list. She wanted to know what the City could do about this. Mayor Prochaska state that
he spoke with Representative Lindner and she advised him that she is trying to get grants
for Yorkville however things are being held up by the Governor. Alderwoman Spears
asked if the City had some grants with her already and the Mayor stated that yes the City
does. Ms. Brown stated that she spoke with Representative Lindner who advised her that
the grants that were just awarded were caucus grants that were funded two years ago.
Yorkville's grants have not been in the system that long.
Ordinance Approving the Well Sale
Attorney Kramer reported on the ordinance approving the well sale to the City of Plano.
The Council had authorized Attorney Dan Kramer to enter into a real estate sales contract
with Plano for the well sight on the north side of Route 34 and west of Eldamain Road for
$142,000.00. They are requesting that this be approved by the City Council.
This item was placed on the August 26, 2003 City Council regular agenda under the
Public Works Committee Report.
Skate Park
Mayor Prochaska stated that the zoning for the skate park and the New Life Church has
been questioned; does the park require special use zoning. The City Attorney is
reviewing the zoning ordinance to answer the question. Attorney Kramer stated that the
Page 11 of 11
person who brought up the question stated that all private parks have to be granted
special use designation however the church is not annexed to the City yet. Kendall
County has verbally turned over the jurisdiction of this matter to the City. Mr. Graff
noted two issues; one is the special use zoning and the other is that the annexation has
been approved but not recorded yet. Legal clarification is needed at this time.
September 11th Remembrance
Mayor Prochaska advised the Council that he was looking at holding a September 11th
remembrance ceremony again this year. He stated that the same format will be followed;
a walk from City Hall down Patriot's Way to Town Square Park and that he was in the
process of contacting various organizations to ask for their participation. Mr. Graff noted
that there is an Administration Committee meeting on September 11th. It was decided to
have the Committee meet at 7:00 P.M. rather than at 6:30 P.M.
Program for Returning Military Personnel
Mayor Prochaska reported that he received a call from a parent of a son returning from
Iraq who inquired if the City has any program for honoring returning military personnel.
He told them that the City didn't but he was trying to reach the American Legion
regarding this. He stated that he would like to recognize returning soldiers with a
certificate of appreciation at a City Council meeting.
Riverfront Festival Volunteers
Mayor Prochaska stated that he had sign-up sheets for anyone interested in volunteering
to sell wrist bands or man the hole-in-one booth at the Riverfront Festival.
Treasurer's Report
City Treasurer Powell reported that he met with Yorkville National Bank and Castle
Bank to verify the City's savings accounts, loan status and collateralization. He set up
web access for the police pension fund to view the monthly statement. He has created an
action calendar of required events for the police pension fund and an employee
contribution spreadsheet.
IML Conference
Mr. Graff reported that Yorkville has been selected to present a program at the Innovative
Showcase at the IML conference. Its presentation will be on its open space acquisition
preservation partnership. Ms. Brown has been working with CorLands in preparing the
presentation which she would like to show to the Council at the next COW meeting.
Volunteers are needed to man the booth. Mr. Graff also reported that he would be
speaking at the conference on Saturday morning on the subjects of workplace safety and
homeland security.
There was no other additional business.
The meeting was adjourned at 9:30 P.M.
Minutes submitted by Jackie Milschewski, City Clerk
ED C/T o
0 United City of Yorkville
li ii
�9 County Seat of Kendall County
EST. , — . . 1836
800 Game Farm Road
��= cn Yorkville, Illinois 60560
Q 1II I \ Q Phone:630-553-4350
.P ka�.R�o�MY v, Fax:630-553-7575
`/4LE N '
pn 6, 2004
Traci Pleckham, Finance Director
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
RE: Voluntary disclosure of certain tax liabilities
by Ameritech Advanced Data Services of Illinois, Inc.
Dear Traci:
Please be advised that I have reviewed the March 19, 2004 correspondence from the Attorneys
for the above referenced matter. At this time I would recommend that the City execute the
confidential Voluntary Disclosure Agreement between Ameritech Advanced Data Services of
Illinois, Inc., and the City of Yorkville, so that the City does not waive any tax or interest due to
them. Additionally please be advised that the City does not expose itself to any liability through
the execution of the confidential notice.
Should you have any further questions, please feel free to contact my office.
Very truly yours,
41;11-C------------
Kelly A. Kramer
Attorney at Law
DJK:rg
A Partnership Including Boston
Professional Corporations Chicago
227 West Monroe Street Dusseldorf
London
Chicago,IL 60606-5096 Los Angeles
312-372-2000 Miami g
Facsimile 312-984-7700 Milan
www.mwe.com Munich
New York
Orange County
Thomas H.Donohoe Rome
Attorney at Law San Diego
tdonohoe@mwe.com Silicon Valley
MCDERMOTT,WILL&EMERY 312-984-7797 Washington,D.C.
March 19, 2004
UNITED CITY OF YORKVILLE
YORKVILI.2,TREASURER
600 U/J'vit,},ARUV1 ROAD
YORKVILLE., IL 60560 .
Re: Voluntary disclosure of certain tax liabilities by
Ameritech Advanced Data Services of Illinois, Inc.
Ladies and Gentlemen:
Ameritech A.dyanced Data_Services of Iliil'ois, Ing (here;rfter 'AADS'.') is a subsidiary:of
SBC Conununications, Inc. AADS is a telecommunications carrier that provides Asynchronous
Transfer Mode Service (hereafter referred,to as"ATM service") and Digital Subscriber Line
i ansport service (hereafter refereed to as `DSL transport service"). AADS Las determined ihat it
had an obligation to remit to the UNITED CI T Y OF YORKVILLE certain taxes and fees with
respect to telecommunications service.
AADS has elected to make a confidential voluntary disclosure of its liability as provided
for in Section 75 of the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/75. Section
:; limits the length of the period for which a taxpayer is liable for unpaid taxes and eliminates
p:t iaities. The liability has been determined based on AADS' provision of ATM service and DST_
!transport service utilized by persons located in the UNtITED CITY OF YORKVILLE. Under
:.•Cion h3, AADS must pay the taxes, together with interest at one percent per n:=one. , :C'''k er i`?d5
`lo?: mere than 4 `,'ears before the date it tiles its voluntary disclosure application. .`nl:nta:r`i
disclosure period thus begins ott March 1, 2000. Local telecommunications taxes for perods
beginning en January 1, 2003, which are required to be collected by the Illinois Department. of
%''%t itles r rider the Simplified Municipal 'telecommunications Tax Act, 35 ILCS 636/5-1 ct.
are in the process of being satisfied with that Department. When that process is completed, the
Illinois Department of Revenue will distribute AADS's payments for the,period from Jannary 1,
"2,1::t:; :1,'.1110 1 November 30, 2003 to you. AADS l ;a1 7: 11.it�rlilocal i<? t';5 the Illinois
,?f R.e`+serlue fi r i, sd S he 1??11,nc.,, Oil ,t) cLnti:., 'r 1, 2003 l i d yoi.1
._ thoseamounts ff _
i V','J dl enyne,ni's are enclosed with this letter. The first is a "Cenfldcntial
t_ �1U:.11 ., of 1U., CY.Dligatioe i,l t'.r, filer reierted the l ...7ftC.s_r1,.,.11 No:'i;e i. Th.:
se ond n a Cu .lr enl.)al .Tuluntary.Dic-;elosureAUieeine'_1 et 'el LTNI ) C T .it_
L �'., i the l t��. CiTY is t'
YOt'ti KT1`l l_,L,:_• and_A ;terit ch Advanced Data ;rvices Ot iiiinois. Jac (tiereafier; _f:•rred o as
the "Agreement.") C • } r e F 1 ` settingforth\ and or
. Attached to the [1. %"1"tl rl� is an exhibit the Cs O' .:C C�' s..-v
March 19, 2004
Page 2
fees that AADS has determined is owed to the UNITED CITY OF YORKVILLE for the period
from March 1, 2000 through December 31, 2002.
The effect of the Confidential Notice is to claim the protections provided under Section 75.
The Agreement is a proposed agreed final resolution of the issue of the amount of tax and
fees that AADS owes for the period from March 1, 2000 through December 31, 2002. Please note
that the exhibit attached.to the Agreement has calculated interest through June 30, 2004. Section
75 of the Local Government Taxpayers' Bill of Rights Act provides that the taxpayer using the
voluntary disclosure approach must only pay interest on the amount of tax owed at the rate.of 1%
per month through the date of payment. In the Agreement, AADS has offered to pay by April 30,
l't: ct through r c ?n 200A ho:r limiting,. +_
2004an iG Lr:s�r:iici.it :ir?t of �u a.e..�, .{.iL}i!�,:ui1�- _ �.�%v'-t, t:�ti1._>. than l:rricl_!�j C11t;rFr�viGi:
calculation to the date on which AADS makes its payment to you. It makes that offer in-
anticipation of eliminating audits of the liability being disclosed.
AADS recognizes that each taxing jurisdiction has the right to satisfy itself that the tax
determination is correct. However, the number of taxing jurisdictions to which voluntary
disclosure is being made is substantial and AADS's tax staff could quickly be overwhelmed by
_audits. AADS identified the underpayment in the course of an internal audit. ,N one.outside the
company has raised the issue and AADS has made this disclosure on its own initiative.
AADS is thus respectfully offering to pay two months' interest (at 1%per month) on the
liability from March 1, 2000 through December 31, 2002 in excess of the amount that it is obliged
to pay under Section 75. In return for this additional payment,AADS requests that you execute
and return the Agreement so that we receive it by April 16, 2004. In that case, AADS will forward
its check for the taxes and fees owed, plus interest, plus the additional two months' interest, by
April 30, 2004.
If the Confidential Voluntary Disclosure Agreement is not returned by April 16, 2004,
AADS plans to tender on April 30, 2004 its check for the amount of tax shown on the schedule
with interest calculated only through,that date. If an audit is requested, AADS will limit its
L-t es pa ent tc.the amounr. requiredby Section 75 at the time of p. :ya-nP .t.
Please return the executed Agreement to Janet Osborn at McDermott, Will & Emery, 227
West Monroe Street, Chicago, Illinois 60606. We will return a signed copy to you.
Please direct any questions to Lisa Randle at 314-235-2677. Ms. Randle's e-mail address
is 1r6167@sbc.com.
Very truly yours,
Thomas H. Donohoe
CONFIDENTIAL NOTICE OF VOLUNTARY DISCLOSURE OF TAX OBLIGATION
Pursuant to Section 75 of the Local Government Taxpayers' Bill of Rights Act,50 ILCS 45/75
(hereafter referred to as "Section 75"), Ameritech Advanced Data Services of Illinois Inc. ("AADS")
hereby exercises its right to file an application for voluntary disclosure of underpayment of the taxes
and/or fees relating to telecommunications imposed by the UNITED CITY OF YORKVILLE which taxes
and/or fees are hereafter collectively referred to as"Local Telecommunications Taxes." AADS hereby
notifies you states that it has determined that it did not pay applicable Local Telecommunications Taxes.
Section 75 states that:
For any tax for which a taxpayer has not received a written notice of an audit,
investigation, or assessment from the local tax administrator, a taxpayer is entitled to file
an application with the local tax administrator for a voluntary disclosure of the tax due. A
taxpayer filing a voluntary disclosure application must agree to pay the amount of tax
due, along with interest of one percent per month, for all periods prior to the filing of the
application but not more than 4 years before the date of filing the application. Except for
the amount of tax and interest due under this Section, a taxpayer filing a valid voluntary
disclosure application may not be liable for any additional tax, interest, or penalty for any
period before the date the application was filed,provided, however,that if the taxpayer
incorrectly determined and underpaid the amount of tax due as provided in this Section,
the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid
tax,unless the underpayment was the result of fraud on the part of the taxpayer,in which
case the application shall be deemed invalid and void.
50 ILCS 45/75.
AADS has not received a written notice of an audit, investigation, or assessment from the
UNITED CITY OF YORKVILLE tax administrator for underpaid Local Telecommunication Taxes.
Under Section 75, AADS is entitled to file this application for voluntary disclosure.In accordance with
the terms of the Act,AADS agrees to pay all outstanding Local Telecommunications Taxes along with
interest of one percent per month for all periods after March 1, 2000 for which AADS has been liable to
remit Local Telecommunications Taxes to the UNITED CITY OF YORKVILLE within 90 days of the
filing of this voluntary disclosure application or by the date agreed to by the UNITED CITY OF
YORKVILLE tax administrator, whichever is longer. A Confidential Voluntary Disclosure Agreement is
attached.
Please direct communications regarding this matter to:
Lisa Randle
One SBC Center
36-K-7
St. Louis,MO 63101
314-235-2677
314-235-7996 (fax)
1r6167@sbc.com
Respectfully submitted,
AMERITECH ADVANCED DATA SERVICES
OF ILLINOIS, INC.
2000 West Ameritech Center Drive
Hoffman Estates, IL 60196
FUN 36-3845233
CONFIDENTIAL VOLUNTARY DISCLOSURE AGREEMENT BETWEEN
AMERITECH ADVANCED DATA SERVICES OF ILLINOIS,INC. AND
UNITED CITY OF YORKVILLE
This Confidential Voluntary Disclosure Agreement ("Agreement") is made effective
April 15, 2004 between Ameritech Advanced Data Services of Illinois, Inc. (hereafter referred to
as the "Taxpayer") and the UNITED CITY OF YORKVILLE(hereafter referred to as the
"Taxing Jurisdiction.")
RECITALS
WHEREAS, the Taxpayer is voluntarily disclosing to the Taxing Jurisdiction its liability
for all taxes and fees relating to telecommunications services imposed by the Taxing Jurisdiction
(which taxes and fees are collectively referred to as the "Local Telecommunications Taxes") for
the periods beginning March 1, 2000 through December 31, 2002 pursuant to Section 75 of the
Local Government Taxpayers' Bill of Rights Act (the "Act"), 50 ILCS 45/75; and
WHEREAS, the Taxpayer warrants that it is not the subject of any audit, investigation,
or assessment by the Taxing Jurisdiction's tax administrator; and
WHEREAS, AADS has agreed with the Illinois Department for the satisfaction of taxes
owed under the Simplified Municipal Telecommunications Tax Act for periods beginning
January 1, 2003; and
WHEREAS, the Taxing Jurisdiction is administratively convenienced by the Taxpayer's
voluntary disclosure of its liability; and
- 1 -
WHEREAS, the Taxing Jurisdiction stands to derive substantial revenue that otherwise
might have gone uncollected without the Taxpayer's voluntary disclosure;
WHEREAS, the parties desire to finally determine the Taxpayer's liability for the Local
Telecommunications Taxes for the period from March 1, 2000 through December 31, 2002 in
return for Taxpayer's agreement to pay an amount of interest on its tax liability in excess of the
amount required'under the Act;
NOW, THEREFORE, in consideration of the promises made herein, the sufficiency of
which as consideration is acknowledged, the Taxing Jurisdiction and the Taxpayer agree as
follows:
1. The recitals are incorporated into this Agreement.
2. The Taxpayer has determined that the amount of its liability for the Local
Telecommunications Taxes for the periods beginning March 1, 2000 through December
31, 2002 (the "self-assessment period") is shown on Exhibit A to this Agreement. This
amount is hereafter referred to as the Tax Liability.
3. The Taxing Jurisdiction agrees that the Tax Liability is correct.
4. Upon Taxpayer's receipt of the executed Agreement on or before April 16, 2004, the
Taxpayer shall pay to the Taxing Jurisdiction the amount of the Tax Liability plus interest
thereon calculated as simple interest at the rate of 1% per month through July 31, 2004.
The payment will be tendered on or before April 30, 2004.
- 2 -
5. The Taxing Jurisdiction's receipt of the payment provided for in Paragraph 4 shall
constitute a complete satisfaction and release of all of Taxpayer's liability for Local
Telecommunications Taxes and penalties for all periods prior to January 1, 2003.
6. The persons signing this Agreement warrant that they have the power to bind the party
for whom they are signing.
7. This Agreement may be executed in one or more counterparts each of which shall be
considered an original.
8. This Agreement is governed by Illinois law.
Ameritech Advanced Data Services of Illinois,Inc.
By: Date:
(Print Name)
(Print Name)
UNITED CITY OF YORKVILLE
By: Date:
(Print Name)
(Print Name)
- 3 -
EXHIBIT A TO CONFIDENTIAL VOLUNTARY DISCLOSURE AGREEMENT
BETWEEN AMERITECH ADVANCED DATA SERVICES OF ILLINOIS, INC. AND
UNITED CITY OF YORKVILLE
Liability for Local Telecommunication Taxes
from March 1, 2000 through December 31, 2002 $1,007.77
Interest through April 30, 2004 $356.89
Interest through June 30, 2004 $377.05
- 4 -
04/08/2004 12 19 FAX 630 553 5764 DANIEL J. KRAMER Q1004/008
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
ORDINANCE APPROVING VARIANCES FOR 104 W. SOMONAUK STREET
WHEREAS,Frank R. Willman filed ZBA Petition 2004-01 requesting a variance from
the United City of Yorkville Zoning Ordinance Section 10-6C-3B reducing the minimum lot size
allowable and a variance from the United City of Yorkville Zoning Ordinance Section 10-6C-3B
reducing the minimum lot width at the building setback line for the construction of a single
family residence as depicted in the attached exhibit"A"; and
WHEREAS, the Petitioners plan to substantially improve the real property to enhance the
value of the property and improve the aesthetics of the neighborhood; and
WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public
hearing with regard to said Petition; and
WHEREAS,the Zoning Board of Appeals took public comment on the issues before it
and made specific findings of fact related to the granting of the variances sought; and
WHEREAS,the Zoning Board of Appeals recommended the approval of said requested
rear-yard variances to the City Council; and
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
reviewed the findings of fact made by the Zoning Board of Appeals, considered the public
comment presented at the public hearings and have determined that the requested variances are
1
04/08/2004 12 19 FAX 630 553 5764 DANIEL J. KRAMER 0005/008
appropriate under the circumstances presented by the Petitioners;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a
majority of those so voting,the following Variances are hereby granted from the United City of
Yorkville Zoning Code for the real property more fully described in Exhibit"A":
l. Minimum Lot Size: 10-6C-3B of the United City of Yorkville Zoning Code is
hereby varied to permit the reduction of allowable lot size from 12,000 square feet to two equal
lots of 7,654.7 square feet to allow for the construction of a single family residence as depicted in
the attached exhibit"A".
2. Minimum Lot Width: 10-6C-3B of the United City of Yorkville Zoning Code is
hereby varied to permits a reduction of the minimum lot width at the building setback line from
80 feet to 79.37 feet to allow for the construction of a single family residence as depicted in the
attached exhibit "A".
No other variances from the City Code for design,plan or specifications for said structure
shall be permitted.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of
, 2004 by the City Council of the UNITED CITY OF YORKVILLE.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
2
i
04/06/2004 12. 19 FAX 630 553 5764 DANIEL J. KRAMER 12006/008
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2004.
Attest:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
3
04/08/2004 12 19 FAX 630 553 5764 DANIEL J. KRAMER IA007/006
EXHIBIT"A"
Plat of Survey of the Property containing the Iegal description of Property:
4
04/08/2004 12:19 FAX 630 553 5764 DANIEL J. KRAMER [AJ 008/008
- PLAT OF SURVEY OF
PART OF LOT 4 BLOCK 3 ORIGINAL VILLAGE OF BRISTOL
CITY OF YORKVILLE KENDALL COUNTY ILLINOIS
STREET
SOMONAU
���� K eoa5• N
by
1
ti, 1ti�—
p}'
I !oar
h
3�,
Or,
mw-$1.00r SCALE
HJH01151l,._ 0'
mw-$1.00r
t"(6I
U. l
Pin N i 1 • Indicates Iron Stake Found
I h 1 0 Indicates Iron Stoke Set
gz i co' 7554.7 $q.Ft, w�- Inditotee Use of Fence
lia
qio I
N,
1.0'
5 1
960' r • 8
e b ti4
3 9A. 4qP ...-----
?,,,,
'' A
yi A LEGAL DESCRIPTION:
That part of Lot 4 in Block 3 of the Original
Village of Bristol described as follows: Beginning of
7454.7 Sq.Ft, the Southwest Corner of said Lot 4: thence
row. Northerly, along the West Line of sold Lot. 93.09
MO 21.e' M ce feet; thence Easterly, 79.60 feet to a point on
the East Line of 0019 Lot 4 which is 99.79 Feet
o
or Northerly of the Southeast Corner of said Lot 4;
w rb
en 7 ...zoom
X' thence Southerly along said East Line 99.79 feet
-we Sixto the Southeost Corner of sold Lot 4; thence
Y F.1p2.10 Westerly, along the South Line of said Lot, 79.37
feet to the point of beginning in the City of
low' 69'0 Saar Yorkville, Kendall County, Illinois.
b
•
79.37'
WEST SPRING STREET
State Of Illinois 1
SS
County of Kendall
I, Phillip D. Young, on Illinois Professional Land Surveyor and on officer of Philip
D. Young and Associotes, Inc., state that I hove surveyed the aboved described troct
as shown by the plot hereon drown. This plot conforms to the current Illinois minimum
standored for o boundary survey. ,0,,1 ,,,
N.,\P
Dated July 3, 2003 at Yorkville, Illinois "Dnw,p,,'"r9&',
t_,S.rnorcnslo'wa
•
•
'.,•''
V> f,4( wan suR+>,un',
• t(nnwilk ei
so Wn .L
Phillip D. Young ,,▪*t. YCe 4015 a^f
Illinois Professional Lond Surveyor No. 2676 a}'•,,u'"4'b:'Ash
��oftLtt?''
N.JOB NO. 03078 Inc 11079 South Bridge Street
,,,o •Ia„C Wit Phillip D. Young and Associates, Yorkville, Illingh 60560
04/0B/2004 12 40 FAX 630 553 5764 DANIEL J. KRAMER /001/015
LAW OFFICES
OF
Daniel J. Kramer
1107A SOUTH BRIDGE STREET
DANIEL J. KRAMER YORKVILLE, ILLINOIS 60560 JILL K. KONEN
(630)553-9500 KELLY A.KRAMER
Fax: (630)553-5764
FAX COVER SHEET
DATE: April 8, 2004
TO: Liz
RE: Tanglewood Development
NO: 553.7575
FROM: Kelly A. Kramer
NUMBER OF PAGES (INCLUDING THIS PAGE): 4
COMMENTS: Liz,please forward to the Mayor, Council and Staff.
Please be advised that I have reviewed the enclosed Annexation Agreement prepared by the Petitioner's
Attorney. The City Council has not seen this document as our office prepared the Annexation Agreement that
was before COW. I have attempted to contact John Martin,the Petitioner's Attorney, to revise the document
but he was on vacation last week and we have missed each others calls this week. I would recommend that if
this project is approved by the City Council that it be subject to attorney and staff final review. Should you have
any questions please feel free to contact my office.
Kelly Kramer
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY
FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US
AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500
FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630) 553-5764
04/08/2004 12:40 FAX 630 553 5764 DANIEL J. KRAMER a 00B/015
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO.2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
TANGLEWOOD DEVELOPMENT CORPORATION
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation 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 Annexation 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 Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
1
04/0B/2904 12 41 FAX 630 553 5764 DANIEL J. KRAMER 0007/015
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKV]LLE,KENDALL COUNTY,ILLINOIS,AS FOLLOWS:
Section I:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City,an Annexation Agreement concerning the annexation of the real estate described
therein, a copy of which Annexation Agreement is attached hereto and made a part hereof.
Section 2: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 BURD 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
04/08/2004 12 41 FAX 630 553 5764 DANIEL J. KRAMER 00B/015
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
04/08/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER l 009/015
T
rrernt774XSt.
Yorkuilla441-6e5Erek
(638)-69-3-e580-
STATE
636)-653-9580STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE
AND TANGLEWOOD
DEVELOPMENTCORPORATION
For Recorders Use Only
NOW COMES Tanglewood Development Corporation, an Illinois corporation, (hereinafter
referred to as ("Owner-Developer")as owner and developer of certain real property described in the
attached Exhibit "A" (hereinafter referred to as the "Property"), and the United City of Yorkville, an
Illinois municipal corporation (hereinafter referred to as the "City"), who do hereby enter into this
Annexation Agreement, including the various exhibits attached hereto and approved herewith by the
City Council of the City.
RECITALS
1. The parties agree that it is in their mutual best interest that the Property be annexed
to the City;
2. The Parties further agree that it is in their mutual best interest that specific
performance standards applicable to the Property's development be established;
3. The Owner-Developer acknowledges that the Property, when developed, will
substantially impact the City's various services, such as provision of public sewer and water facilities;
and
04/013/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER f6010/015
4. The Owner-Developer has agreed to perform certain conditions substantially above
those requirements otherwise required by the City in its various ordinances.
NOW THEREFORE,in consideration of the foregoing Recitals,the separate provisions of this
Agreement hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
At such time as the Property becomes contiguous with the City,the City shall take all
a t ns ne ssary and shall annex the same, contingent upon the Property being concurrently zoned
as Estate Class One Family Residential District. A true and accurate copy of the proposed
Annexation Plat is attached hereto as Exhibit"B."
B. The proposed plat of subdivision pursuant to which the Owner-Developer intends to
develop the Property is attached hereto as Exhibit"C"(the Subdivision Plat"). Except as otherwise
configured on the Subdivision Plat, the minimum lot size and dimensions shall conform to the City's
Subdivision Control and Zoning Ordinances in effect as of the date hereof. Conditioned only upon
the final plat of subdivision being in substantial compliance with the Subdivision Plat,any departures
from lot size and dimension from those currently permitted shall be hereby deemed as approved and
varied and the resulting lot or lots regarded as conforming.
C. Development of the Property shall be conducted in accordance with the Subdivision
Plat, Landscape Plan(Exhibit"D"attached), Preliminary Engineering(Exhibit"E"attached)and Final
Plat to be approved by the County of Kendall and in conformance to those requirements set out in
the Kendall County Zoning Ordinance, Subdivision Control Ordinance, Storm Water Run-Off
Ordinance, City Reimbursement of Review Ordinance City and Infrastructure Ordinances,in effect at
the time of the execution of this agreement, unless specifically varied by this agreement.
D. Owner-Developer agrees to dedicate those public easements set forth on the
Subdivision Plat.
E. Owner-Developer agrees to substantially replicate the easements depicted on the
Final Plat of Subdivision to be recorded with the Kendall County Recorder of Deeds and agrees to
execute any and all easement agreements for the aforementioned utility easements.
2
G:\Tanglewood Trails\AnnexatlonAgreementlll.doc
04/08/2004 12 41 FAX 630 553 5764 DANIEL J KRAMER Z011/015
F. The City will not require Owner-Developer to annex to Yorkville Bristol Sanitary District
or other applicable sanitary district, unless and until platting or application for a building permit
seeking connection to the City sewer system is sought by Owner.
G. Owner-Developer may, but shall not be required to, connect to the City's sanitary
sewer or water systems, unless and until the same are within 250 feet of the Property.
H. In the event the City's water and sewer service lines are not within 250 feet of the
Prope at the time Owner-Developer desires to develop the same,the City hereby grants Owner-
Developer a variance from its Subdivision Control Ordinance for use of private wells and septic
systems. In the event City water and/or sewer services become available within 250 feet of any or
all of the lots to be created through the subdivision approval process, Owner-Developer agrees to
connect to the said available City utility. The cost of 'i r. • • '• - --within the Property shall be funded ti_ugmettenactment of a Special Service Area for that purpose,
with the then owners of lots within the Property each paying their proportionate share of said
installation's cost.
I. In order to facilitate maintenance of all common areas, detention facilities and
common subdivision monument signage Owner-Developer shall form an Illinois Not-For-Profit
Corporation and provide an initial estimated budget, by-laws and assessment terms creating a
mechanism for said open space improvements' maintenance prior to or simultaneous with the first
Final Plat of Subdivision being approved by the County Board,
J. In order to provide for the maintenance of open space and trail areas Owner-
Developer agrees to execute and consent to the creation of a Special Tax Service Area and have
approved Ordinances encumbering all residential units of said subdivision, in the event the
Homeowners Association for Tanglewood Trails Subdivision fails to carry out its maintenance
responsibilities.
K. Owner-Developer shall cause a declaration of covenants, conditions and restrictions
("Declaration")to be recorded against the Subject Property,either in its entirety or incrementally with
each Phase of Development, which shall provide, among other things, for the establishment of an
association of all lot owners within the Subject Property ("Association") and the mandatory
membership of all lot owners in the Association. The cost of carrying and administering the Common
Facilities Maintenance during the Initial Build-Out Period shall be paid through assessments levied by
3
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04/08/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER a012/015
the Owner-Developer through the Association against the members of the Association, with any
annual shortfall in the monies thereby generated funded by Owner-Developer or as otherwise set
forth in the Declaration. At the end of the Initial Build-Out Period, which shall automatically occur
upon the issuance of not more than eighty-five percent(85%)of the occupancy permits for all of the
dwelling units approved hereunder for development within the Subject Property, the Common
Facilities shall be conveyed to the Association and the Association shall accept title to the Common
Facilities, provided Owner-Developer has properly carried out the Common Facilities Maintenance
prior thereto. The Association shall thereafter carry out the Common Facilities Maintenance. Owner-
Developer shall have no further liability or responsibility for the Common Facilities Maintenance
following the end of the Initial Build-Out Period.
L. Owner-Developer and its respective successors, assignees and grantees, shall not
object to and agree to cooperate with the City in establishing a back-up special service area("SSA")
for the Subject Property to be utilized as a secondary funding mechanism for the care and
maintenance of the Common Facilities. Subject to the provisions of Paragraph K of this Agreement,
a Homeowners Association established by the Owner-Developer shall provide for the regular care,
maintenance, renewal and replacement of the Common Facilities ("Common Facilities
Maintenance"), including,without limitation,the mowing and fertilizing of grass,pruning and trimming
of trees and bushes, removal and replacement of diseased or dead landscape materials, the repair
and replacement of fences and monument signs, the repair and maintenance of private roadways
within the Subject Property so as to keep the same in a clean, sightly and first class condition. The
Homeowners Association shall have the primary responsibility and duty to carry out the Common
Facilities Maintenance("Primary Responsibility"). In the event the Homeowners Association fails to
carry out its maintenance duties, the City, through and under the Back-up SSA shall assume full
responsibility for carrying out and paying for,through assessments levied against all dwelling units in
the Subject Property, the Common Facilities Maintenance ("Secondary Responsibility"). The SSA
shall provide for the authority of the City to levy up to fifty cents ($.50) per One Hundred Dollars
($100.00) of assessed valuation ("Rate Cap") to fund the payment of the aforesaid costs and
expenses. The City shall utilize the SSA to provide sufficient funds to defray the costs, including
administrative costs not to exceed one hundred and fifteen percent (115 %) of such maintenance
costs, thereby reasonably incurred by the City and to establish reserve funds for future repairs and
replacements as reasonably determined by the City to be appropriate. Subject to the provisions of
Paragraph K of this Agreement, the Common Facilities shall be conveyed to and owned by the City
so long as the SSA remains in force and effect. In any event, a maintenance easement ("Common
Facilities Maintenance Easement")shall be established over all of those Common Facilities located
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04/08/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER fj013/015
on the Final Plat of Subdivision in favor of the City and any future Homeowners Association which
undertakes responsibility for the Common Facilities Maintenance. The substance of the Common
Facilities Maintenance Easement shall be as approved by legal counsel for the City and Owner-
Developer, which approvals shall not be unreasonably withheld.
M This Agreement and Annexation shall be effective upon Owner-Developer becoming
contiguous to the United City of Yorkville.
N. Upon annexation, the Owner-Developer will receive police protection,911 service and
library service as provided by City.
O. The City shall pay the costs of any oversizing of utilities done at its request,
P. This Agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
Q. If any portion of this agreement were determined to be invalid the remaining portions
thereof shall be in full force and effect between Developer-Owner and City.
(R. The parties mutually acknowledge that the primary purpose of this Agreement is to
insure . .sty's ability to annex the Property at such time as it becomes contiguous and the orderly
adoption of City utility usage by the occupants of residences to be constructed upon the Property. In
that regard, it is agreed that, except for reimbursement of the City's consultant and in-house
expenses related to the initial approval of this Agreement, the Owner-Developer shall have no
continuing financial obligations to the City as a result of the Property's annexation or provision of
utilities, including but not limited to any residual obligation to indemnify the City for its future
expenses related to the Property and its development,
IN WITNESS WHEREOF the undersigned parties have executed this agreement this
day of `, 2004.
UNITED CITY OF YORKVILLE OWNER-DEVELOPER
Tanglewood Development Corporation
By: , Mayor By:
Attest: , City Clerk Attest:
Date: Dated:
5
GATanglewood Trails 1AnnexationAgreement#1.doc
04/08/2004 12.41 FAX 630 553 5764 DANIEL J. KRAMER 0014/015
CONSENT OF MORTGAGEE
("Bank"), holder of a
(the "Mortgage") dated as of , and
recorded in the office of the Recorder of Deeds of County, Illinois, on
, as Document Number , hereby consents to the
execution and- recording of the attached Declaration of Covenants,
Conditions and Restrictions and Easements and agrees that said Mortgage is subject thereto.
IN WITNESS WHEREOF, said has caused this Consent of
Mortgagee to be signed by its duly authorized officers on its behalf in _ Illinois, on this
day of , 200 .
Bank
By:
President
ATTEST:
STATE OF ILLINOIS )
) as.
COUNTY OF )
I, ,a Notary Public in and for said County and State,do hereby certify
that and , President and
, respectively, of , as such
President and ,appeared before me this day in person and acknowledged
that they signed,sealed and delivered said instrument as their free and voluntary act,and as the free and
voluntary act of said Company, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 200
Notary Public
6
G:\Tanglewood TrailsWnllexalionAgreemenf#1,dx
04/08/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER 0015/015
Exhibits
Exhibit"A"- Legal Description of Property
Exhibit"B"- Proposed Annexation Plat.
Exhibit "C"- Subdivision Plat
7
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04/08/2004 12: 40 FAX 630 553 5764 DANIEL J. KRAMER /21002/015
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO.2004-
ORDINANCE ANNEXING PROPERTIES TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
WHEREAS, TANGLEWOOD DEVELOPMENT CORPORATION, as record owners in
fee simple of a tract of real property contiguous to THE UNITED CITY OF YORKVILLE, have
heretofore submitted a Verified Petition for Annexation of said property; and
WHEREAS, the development and annexation of said real property have been considered
by THE UNITED CITY OF YORKVILLE; and
WHEREAS,THE UNITED CITY OF YORKVILLE deems it to be in its best interests to
annex the said land described in said Petition for Annexation to THE UNITED CITY OF
YORKVILLE; and
WHEREAS, the Petitioners are the Owners of Record of said property and no other
electors reside thereon; and
WHEREAS, said Petition is under oath requesting the annexation of said property to THE
UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in
accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS
5/11-15.1-1 et. seq.
—1—
04/08/2004 12: 40 FAX 630 553 5764 DANIEL J. KRAMER a 003/015
WHEREAS,said real property is contiguous to THE UNITED CITY OF YORKVILLE
and not within the corporate limits of any other municipality; and
WHEREAS, the statutes provide that upon proper affirmative vote of a majority of the
City Council,contiguous property can be annexed to THE UNITED CITY OF YORKVILLE,
Kendall County,Illinois.
NOW BE IT ORDAINED by the City Council of THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois:
Section 1: That the real property legally described as follows be and the same is hereby
annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois effective upon the
subject property becoming contiguous to the City limits:
See Attached Legal Description Exhibit"A"
Section 2: That the City Limits of THE UNITED CITY OF'YORKVILLE be, and they
are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois effective upon the subject property becoming contiguous
to the City limits.
Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is
hereby, authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,
a certified copy of this Ordinance, together with an accurate map of the territory to be annexed
upon contiguity being attained, which map shall be certified as to its correctness.
Section 4_ That the real property is hereby annexed and zoned as follows:
The real property described in the attached Exhibit"A"is hereby zoned Estate Class One-
Family Residence District and said zoning shall be incorporated into the Annexation Agreement
—2—
04/08/2004 12: 40 FAX 630 553 5764 DANIEL J. KRAMER 2004/015
executed by the Parties.
Section 5: That all Ordinances or portion of Ordinances in conflict herewith be, and they
are hereby repealed insofar as such conflict exists.
Section 6: The various parts, sections, and clauses of this Ordinance are hereby declared
to be severable. If any part, sentence,paragraph,section, or clause is adjudged unconstitutional
or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be
affected thereby.
Section 7: That this Ordinance shall take effect and be in full force and effect upon and
after its final passage and signing by the mayor and the recording by the Recorder of Deeds of
Kendall County,Illinois, as herein provided,this day of , 2004,
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
—3—
04/06/2004 12:40 FAX 630 553 5764 DANIEL J. KRAMER 1005/015
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 and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-4-
04/08/2004 11 :43 FAX 630 553 5764 DANIEL J. KRAMER 0002/004
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT OF
TRIANGLE INVESTMENTS, LLC
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois,that a certain Amendment to 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 Amendment to 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 Amendment to Planned Unit Development Agreement has been fully complied
with; and
WHEREAS, the property is contiguous to the City.
1
04/08/2004 11 : 43 FAX 630 553 5764 DANIEL J. KRAMER fj003/004
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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, an Amendment to Planned Unit Development Agreement concerning the
development of the real estate described therein, a copy of which Amendment to 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 BURD 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
04/08/2004 11 : 43 FAX 830 553 5764 DANIEL J. KRAMER a 004/004
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
04/08/2004 09:23 FAX 630 553 5764 DANIEL J. KRAMER a 002/007
..� .... �.vv•+ .. ti.+ uuu.,..... �...J li`117G•un\Juti LHW tett 1 f HVG GL
STATE OF ILLINOIS )
)SS
COUNTY OF KENDALL )
AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION AND
TRIANGLE INVESTMENTS,LLC,OWNER/DEVELOPER,
AN ILLINOIS LIMITED LIABILITY CORPORATION
NOW COMES the UNITED CITY OF YORKVILLE,a Municipal Corporation,located in
the County of Kendall, State of Illinois, hereinafter referred to as "CITY", and TRIANGLE
INVESTMENTS, LLC, an Illinois Limited Liability Corporation, hereinafter referred to as
"OWNER/DEVELOPER".
WITNESSETH
WHEREAS, TRIANGLE INVESTMENTS, LLC has become the Successor-Owner and
Developer of Cornerstone formerly known as the Morrissey property,and the CITY have previously
entered into a Planned Unit Development Agreement for said Subdivision;and
WHEREAS,the subject real property designated in the attached Exhibits"A" and"B"was
to be developed as R-4 and B-3 pursuant to the Planned Unit Development Agreement; and
WHEREAS,Cornerstone wishes to re-zone the R-4 portion of the property to R-2,decrease
the R-2 zoned property to 18 acres more or less and increase the 13-3 zoned portion of the property
to 18 acres more or less and City Council has made a decision to accept said re-zoning of the real
property described in the attached Exhibits"A" and"B";
04/06/2004 09:23 FAX 630 553 5764 DANIEL J. KRAMER !)003/007
NOW THEREFORE, In consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2) REAL PROPERTY EFFECTED: This Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement,and as described in the attached Exhibits"A"and"B."
3) THE property formerly known as the Morrissey property will be zoned in accordance
with attached Exhibits"A"and"B." Exhibit A shall be zoned R-2 and Exhibit"B"
shall be zoned B-3.
4) The OWNERS and DEVELOPERS shall,at their own risk, have the right,prior to
obtaining approval of final engineering drawing and prior to approval of a
Preliminary and Final Subdivision Plat, to undertake, preliminary grading work,
temporary detention,filling and soil stockpiling on the property in preparation for the
development of the property upon city approval of a grading plan and soil erosion
plan, and compliance with all other items required by the city's soil erosion and
sediment control ordinance. Prior to city approval of a grading plan and soil erosion
plan, the DEVELOPER will submit a master utility plan, an overall stormwater
management plan, a master grading plan for the central portion ofthe development,
and a geometric plan for the central portion of the development showing individual
lots and street configurations.
04/08/2004 09:24 FAX 830 553 5764 DANIEL J. KRAMER 0004/007
5) ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT. CITY agrees that,if
requested by Developer,the City shall negotiate an Economic Development Incentive
Agreement for Sales Tax rebates for off-site Public Infrastructure Improvements for
the Commercial Area of the Subject Property only, if OWNER/DEVELOPER is
required to make significant off-site public improvements. Such sale tax rebates
shall be sufficient to provide the cost of the Public Infrastructure Improvements •
reasonably required for authorized commercial uses in the Commercial Area, and
shall be paid over such period and in such amount necessary to retire financing
obligations incurred by the City, or private commercial developers to provide said
Public Infrastructure Improvements, including but not limited to purchase and
installation ofstructures,engineering,and legal fees,consistent with CITY guidelines
for recovery of such costs.
6) AUTHORIZATION OF AMENDMENT' OWNER/DEVELOPER warrant that the
parties hereto have full and express authority to enter into an Amendment of the
original Planned Unit Development Agreement to which this Amendment is
appended pursuant to that Agreement.
7) RATIFICATION: MI parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement have
been amended herein, all other terms of the original Planned Unit Development
Agreement are hereby ratified, re-published, and reconfirmed between the parties
hereto and remain the agreement of the parties.OWNERIDEVELOPER warrants that
04/08/2004 09:24 FAX 630 553 5764 DANIEL J. KRAMER V1005/007
W.JUJJJ I JJu a��uci+iuwury 1-mw urr rM . 07
DEVELOPER shall stand in the position of a successor and assign of OWNER as to
all rights accruing under the original Planned Unit Development Agreement.
8) OWNER/DEVELOPER acknowledges that the subject real property is subject to
recapture for roadway improvement and water main improvement costs along
Greenbriar Drive. The sums are sue and payable upon the first building permit being
issued by the CITY, or recording of the First Final Plat of Subdivision,whichever
occurs first.
9) Current School Transition Fees shall be paid based upon the current Ordinance in
effect at the date of the Amendment to Planned Unit Development Agreement. No
land-cash shall be charged for school or parks on the B-3 portion of the subject
development.
10) SEVERABILITY: Should any provision of this Annexation Amendment be found
to be unenforceable by a Court of competent jurisdiction, the remaining terms and
conditions of this Amendment to Planned Unit Development Agreement as well as
the original Planned Unit Development Agreement shall remain in full force and
effect.
11) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Copy to: Attorney Gregg Ingemunson
Law Offices of Dallas C.Ingermunson,PC
226 South Bridge Street
P.O. Box 578
04/08/2004 09: 24 FAX 630 553 5764 DANIEL J. KRAMER 41)006/007
Ur/UG/LUU`�
41.4O 11YvtIYIUIVUIV LMW vrrl r4UL db
Yorkville,IL 60560
OWNERJDEVELOPER: Bruce Sperling
Triangle Investments,LLC
7512 County Line Road
Burr Ridge,Illinois, 60527
12) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Amendment shall be performed in a timely manner by all parties
hereto.
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to
Planned Unit Development Agreement this day of 2004.
CITY:
UNITED CITY OF YORKVILLE
By:
Attest:
Dated:
OWNER/DEVELOPER:
TRIANGLE INVESTMENTS,LLC
An Illinois Limited Liability Corporation
By:
Attest:
Dated:
Prepared by:
Law Offices of Dallas C. Ingemunson,PC
226 South Bridge Street
P.O. Box 578
Yorkville, IL 60560
04/08/2004 09. 24 FAX 630 553 5764 DANIEL J. KRAMER I6007/007
. _. . _ 01
EXHIBIT LIST
Exhibit"A" - R-2 zoned acreage
Exhibit"B" - B-3 zoned acreage
04/08/2004 12 16 FAX 630 553 5764 DANIEL J. KRAMER CA 002/008
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
RESOLUTION NO. 2004 -
RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION
FOR
GRANDE RESERVE SUBDIVISION UNITS 1, 2, 3, 4,5 and 6
WHEREAS, the City Council of the United City of Yorkville has considered a Petition to
approve the Final Plat of Subdivision for the Grande Reserve Subdivision Units 1,2, 3,4, 5 and 6;
and
WHEREAS,the City Council of Yorkville has received a positive recommendation from the
Plan Commission of the United City of Yorkville recommending approval of said Final Plats 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 Subdivision for the Grande Reserve Subdivision Units 1, 2, 3,4, 5
and is approved and all City officials are authorized to execute the same.
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
1
04/08/2004 12: 19 FAX 630 553 5764 DANIEL J KRAMER Z 003/008
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of ,A.D. 2004.
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
2