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City Council Packet 2004 04-27-04 //47-1) c,,,, United City of Yorkville County Seat of Kendall County EST. % laThl1836 800 Game Farm Road '� CC) Yorkville, Illinois 60560 O ill f:� O Phone:630-553-4350 'Tem *P kenOeflLowey v�2 Fax:630-553-7575 `ELLE w AGENDA COMMITTEE OF THE WHOLE Tuesday, April 27, 2004 6:30 PM CITY COUNCIL CHAMBERS CITY COUNCIL MEETING Immediately Following 1. Detail Board Report (Bill List) 2. Building Permit Report for February 2004 - EDC 3/18/04 3. Ordinance Amending Land Cash Ordinance 96-3 and 2003-12 4. Schoppe Design Association Amendment to Professional Services Agreement 5. Resolution in Support of Illinois Tourism Industry 6. Proposed Subdivision Control Ordinance - Request for Public Hearing - COW 2/17/04 & PW 1/26/04 7. Proposed Wetlands Protection Ordinance - Request for Public Hearing -PW 2/23/04 8. Records Disposal Service Quotes - Admin 4/8/04 9. Health Insurance Renewal - Admin 4/8/04 10. Ordinance Amending Water Conservation Ordinance 2004-17 11. Park, Gazebo, and Shelter Reservation Policy- COW 3/16/04 & Pk Bd 3/8/04 12. PC 2001 Grande Reserve Final Plats 5, 7, & 8 - EDC 4/19/04 13. PC 2001-16 Fox Hill Amendment to PUD Agreement - EDC 3/18/04 14. PC 2004-03 Rob Roy Falls - Concept Plan- Plan Comm 4/14/04 15. PC 2004-04 Villas at the Preserve - Concept Plan- Plan Comm 4/14/04 16. Additional Business e.Dc„.,, United City of Yorkville Tj3' County Seat of Kendall County EST. 1836 800 Game Farm Road Committee of the Whole/ ,� �,1 h co Yorkville, Illinois 60560 City Council Meeting Agenda O �� O Phone:630-553-4350 April 2004 ° k-...r.n,y . Fax:630-553-7575 27, &LLE X ' Page 2 AGENDA CITY COUNCIL MEETING Call to Order: 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, May 24, 2004 6:30 p.m., Wednesday, May 5, 2004 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, May 20, 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, May 27, 2004 City Hall Conference Room Presentations: None Citizen Comments: Public Hearings: None - - - - -- - - - - - I Committee of the Whole/ City Council Meeting Agenda April 27, 2004 Pate 3 Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—April 13, 2004 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 566,715.90 (vendor) $ 134,458.22 (payroll period ending 4/3/04) $ 701,174.12 (total) Reports: Mayor's Report: 1. Coffee with the Mayor: May 1st at Carriage I Gifts from 9:00 - 11:00 a.m. 2. Request to Proceed With Informed Emergency Response Grant 3. Community Preparedness Planning Process CEO Pre-site Agreement 4. Request for Yorkville Trade Fair Volunteers— Signup Sheet 5. Champions of Industry 300 Award—Production Company Payments 6. Volunteer Appreciation Day Lunch - Saturday, May 1g`from 12:30 - 3:30 p.m. 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 of the Whole/ City Council Meeting Agenda April 27, 2004 Page 4 Committee Reports: --- ---- - - — ------ ------ - ---- Public Works Committee Report: 1. Ordinance Amending Water Conservation Ordinance 2004-17 2. Park, Gazebo, and Shelter Reservation Policy Economic Development Committee Report: 1. Cornerstone PUD Amendment Agreement a. Ordinance Authorizing the Execution 2. Building Permit Report for February 2004 3. Ordinance Amending Land Cash Ordinance 1996-3 and 2003-12 4. Schoppe Design Associates Amendment to Professional Services Agreement 5. Resolution Approving Final Plats for Grande Reserve Units 5, 7, and 8 6. Fox Hill Amendment to PUD Agreement a. Ordinance Authorizing the Execution Public Safety Committee Report: No Report. Administration Committee Report: 1. Resolution in Support of Illinois Tourism Industry 2. Records Disposal Service 3. Health Insurance Renewal 4. Ordinance Approving the 2004-2005 Fiscal Budget Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 2. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: Committee of the Whole/ City Council Meeting Agenda April 27, 2004 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 -2004 PUBLIC WORKS Committee Departments Liaisons —Chairman: Alderman Besco Water and Sewer Park Board Vice-Chair: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Kot iCONOMIC DEVELOPMENT ------- I A �l ,.tea a Wood ! ssociates do,'' Jim. April 19, 2004 Arthur F. Prochaska Jr. Mayor, United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Dear Art; Caywood& Associates Inc. is pleased to express our interest in representing the United City of Yorkville for the Blue Cross Blue Shield Group Health, Prescription Drug Card, and Met Life Group Life plans. I appreciated the opportunity to sit down with you and discuss how Caywood& Associates Inc. can better serve the city's needs without any additional cost. Our agency has been serving Yorkville and the surrounding area for over 40 years. Our work ethic, knowledgeable friendly staff, and community-oriented business style provides our customers with the satisfaction they are looking for in an insurance agent. Representatives from our office will be actively involved in providing quality service for employees of the city. Linda Kotecki, our Inside Health Insurance Service and Claims specialist, and I will be readily available to answer any employee's questions, new employee visits, or other customer service issues. We will provide continued contact with city staff and schedule regular site visits. Our local efficiencies will aid the city in its transition to a new Human Resources Director by working with your new staff member to better familiarize them with the plan and give direct plan support. Most importantly, both the employees and the administration of the city will have a local agent who they can turn to in times of need. Other local Health Insurance accounts we service include: Sandwich Community School District—Sandwich, Illinois Huck, Bouma, Martin, Jones, & Bradshaw Attorneys at Law—Batavia, Illinois Plano Community School District—Plano, Illinois Michael Walsh and Associates—Yorkville, Illinois Premier Plumbing—Yorkville, Illinois Midas Muffler—Yorkville, Illinois Open Door Rehabilitation Center—Sandwich, Illinois Indian Valley Vocational Center—Sandwich, Illinois Insurance & Financial Services 2 W. Main Street, Plano, Illinois 60545 630-552-3447 Fax 630-552-3850 e-mail@caywoodandassociates.com www.caywoodandassociates.com Caywood & Associates Inc. currently represents the city as its agent for your unemployment compensation insurance policy. In addition, residents and businesses of Yorkville account for significant amount our annual written premium in property and casualty policies. We also are members of the Yorkville Chamber of Commerce and the Yorkville Economic Development Corporation, and Kendall County's largest Blue Cross Blue Shield agent. With our commitment to local businesses and history of service we look forward to working with the United City of Yorkville to meet the needs of your employees. Please feel free to call me at any time with questions. Thank you for your consideration. Sincerely, ' doe Roberts Caywood & Associates Inc. Cc: Tony Graff Traci Pleckham MINUTES OF THE REGULAR MEETING OF 1HE CITY COUNCIL OF DRAFT 111E UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,APRIL 13,2004. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Absent Ward II Burd Present Kot Present Ward III Munns Present Ohare Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney Dan Kramer,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska moved Citizen's Comments to before the Public Hearing. He also moved items #1 and#2(presentations)from the Mayor's Report to immediately following Citizens Comments. He noted that the Council would not be going into executive session this evening. Also,the Tanglewood annexation and the Cornerstone PUD amendment under the Economic Development Committee Report will be tabled. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,April 26,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Monday,April 19,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,May 13,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,April 22,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced CITIZEN COMMENTS Greg Kraber,President of the Riverfront Festival Committee,presented Mayor Prochaska and Executive Director of Parks&Recreation Laura Brown with a check in the amount of$12,000.00 to be used toward the new Riverfront Shelter. Both the Mayor and Ms.Brown thanked the Committee for their donation which was raised by the proceeds of the last two festivals. Mayor Prochaska noted that this year,due to construction on Hydraulic Avenue,the festival will be held at the Beecher Center. He asked the Council if agreed with this location and they did. The Minutes of the Regular Meeting of the City Council—April 13,2004-page 2 PRESENTATIONS Saved By the Belt Award Mayor Prochaska and Chief Martin presented Kassandra Doty with the"Saved by the Belt" Award for making the life saving choice of wearing her seat belt. Her seat belt saved her from serious or fatal injury during a recent automobile accident. Police Officer Commendations Mayor Prochaska and Chief Martin presented Officer Jon Helland with a commendation recognizing his work above and beyond the call of duty with regards to a bomb scare incident at Yorkville High School. Due to his efforts,the offender was located and arrested. Mayor Prochaska and Chief Martin presented Sgt.Terry Klingel with a commendation recognizing his work above and beyond the call of duty during the initial response to an emergency situation that resulted in a murder investigation. Sgt.Klingel remained calm at the scene and apprehended the offender. Mayor Prochaska noted that Sgt.Larry Hilt also received a commendation for the murder investigation,however he is out of town and not able to attended the meeting in order to receive the award.' PUBLIC HEARINGS Proposed Fiscal Year 2004-2005 Annual Budget Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the proposed Fiscal Year 2004-2005 Annual Budget. So moved by Alderman James;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Finance Director Traci Pleckham reported that the Council received a handout,Budget Highlights,which includes revisions generated from the March 16,2004 Committee of the Whole meeting. She stated that the budget was published in the Record Newspaper and on display at City Hall. She also stated that the City would begin receiving funds based on the Special Census beginning April 7,2004. Mayor Prochaska asked if there were any comments or questions from the public;there were none. Mayor Prochaska asked if there were any comments or questions from the City Council. Alderman Kot commented that he was amazed that the municipal sale tax has almost doubled in the last five years. Mayor Prochaska stated that hopefully the City will see this figure continue to increase along with the increased Equalized Assessed Value(EAV). There were no other comments or questions for the Council. Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderwoman Ohare;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye 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 Water Tower Easement-authorize the Mayor and City Clerk to execute 4. Grande Reserve Watermain Easement-authorize the Mayor and City Clerk to execute 5. Police Reports—February 2004 6. Land Cash Value Analysis and 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$3,302.00 to be paid FY 04/05,subject to approval of the FY 04/05 budget I�I The Minutes of the Regular Meeting of the City Council—April 13,2004-page 3 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 O'Malley in an amount not to exceed$7,850.00 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 the 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 and 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 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderwoman Spears;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderwoman Spears to approve the minutes of the Committee of the Whole meetings from July 1,2003,July 17,2003 and August 19,2003;seconded by Alderman James. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Detailed Board Report dated April 1,2004 totaling the following amounts:checks in the amount of$662,467.84(vendor);$122,413.92(payroll period ending 3/20/04)for a total of$784,881.76; seconded by Alderman Munns. Alderwoman Spears questioned the date on the payroll summary which states that the invoices are from the April 13,2004 Board Report. She asked if this was a typographical error. Mrs. Pleckham explained that it was not an error but that the invoices are dated the day of the City Council meeting because that is the day they are approved. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye REPORTS MAYOR'S REPORT Confidential Voluntary Disclosure Agreement Between Ameritech Advanced Data Services of Illinois,Inc.and the United City of Yorkville Mayor Prochaska reported that Ameritech preformed an internal audit and discovered that they owe the United City of Yorkville fees that they collected. Ameritech is asking the City to approve this agreement which discloses their liabilities. Upon the City's acceptance of the agreement,it will receive about$1,700.00 in fees and interest. If the agreement is passed this evening,Ameritech will pay an additional two months of interest. Mayor Prochaska entertained a motion to approve the Confidential Voluntary Disclosure Agreement between Ameritech Advanced Data Services of Illinois,Inc.and the United City of Yorkville and authorize the Mayor and City Clerk to sign the agreement. So moved by Alderman Kot;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor will be held on Saturday,April 15,2004 at the AMG Homes model at Kylyn's Ridge from 9:00 A.M.to 11:00 A.M. The Minutes of the Regular Meeting of the City Council—April 13,2004-page 4 "Champions of Industry 300 Award"- Top 50 Communities to Live and Work In Nationwide Mayor Prochaska reported that the City has been selected as a Champions of Industry for 2004 by Pat Summerall Productions as one of the fifty best small towns to live and work. Yorkville qualifies for the award by being a growing community under a population of 10,000. Mayor Prochaska stated that there is an agreement that is required. The City will get some promotional benefits from the award such a two-minute spot on CNN and a five-minute trailer on CNN's website which can also be used on the City's websites however the City has to pay $28,000.00 toward the production cost. Mayor Prochaska stated that he did not feel tax dollars should be used to pay for this. Instead,the City is asking for sponsors to help cover the production cost. Mayor Prochaska entertained a motion to ratify the agreement between the United City of Yorkville and Pat Summerall Productions contingent upon the$28,000.00 fee be paid through corporate sponsorships. So moved by Alderman James;seconded by Alderman Kot. Mayor Prochaska stated that this is a great marketing opportunity for the City however he reiterated that tax dollars should not be used for this. Alderwoman Spears noted that the Administration Committee agreed that taxpayer's dollars should not be used toward the production costs. She asked if the City received written verification stating that the trailer could be placed on the City's website and Mayor Prochaska stated that the wording of the agreement has been changed to address this. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the Bruell Street Pump Station Project has begun on West Main Street today. The piping will take approximately 45 days after which Main Street will be patched until the street program begins. At that time the street will be reconstructed. FINANCE DIRECTOR'S REPORT Director Pleckham reported that she and Lynn Dubajic,the Director of the Yorkville Economic Development Corporation,were coordinating a meeting on April 28,2004 for developers to provide them with information on Special Service Areas(SSA). There will be two sessions that day and Peter Raphael with William Blair&Co.will be speaking. Mayor Prochaska stated that the session should be very informative and it is a good start to this type of program. DIRECTOR OF PUBLIC WORKS REPORT Hydrant Flushing Director Dhuse reported that the Public Works Department would be flushing hydrants beginning on the north side of the river this week and the south side next week. Hydrants will be flushed Monday through Friday and possibly Saturday. White Goods Pick-up Alderman James noted that there will be a white goods pick up next week with the regular garbage pick-up. CHIEF OF POLICE REPORT Chief Martin had no report. Mayor Prochaska noted that he received an anonymous letter regarding a dog running loose in Countryside. He asked if the Police Department had ever received a call regarding this. Chief Martin stated that he also received a copy of the letter. Mayor Prochaska reminded the staff that The Minutes of the Regular Meeting of the City Council—April 13,2004-page 5 the City does not take anonymous letters;a name is needed so that when the problem is resolved, the complainant can be notified.Also,he noted that in the case of a dog being loose,the police need to notified when the dog is seen roaming. Chief Martin agreed that in order to get an immediate response,the police need to be contacted when residents see stray dogs. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Gilbert Park Director Brown reported that the City is the new owner of a parcel of park land on the corner of Washington and Adrian Streets. The new parcel is called Gilbert Park and there will be a town meeting on Monday,April 26,2004 at 6:30 P.M.where two development options for the park will be presented and public comments will be taken. Golf Outing Director Brown reminded the Council that the City Golf Outing was being held May 7,2004 and there were only two foursomes open. Volunteer Appreciation Day Director Brown noted that Volunteer Appreciation Day is May 1,2004 at Riverfront Park. She stated that anyone who volunteers in the community is invited to attend. Mayor Prochaska emphasized that this is not only for City volunteers but is open to any one who volunteers with such things as youth and senior organization,PTO,etc. COMMUNITY&LIAISON REPORT Tourism Funding Alderwoman Burd reminded the Council that there is a legislative meeting on April 21,2004 in Springfield,Illinois. She stated that the Aurora Area Convention and Visitors Bureau(AACVB) is fighting to have funds put back in the budget for tourism. They would appreciate anyone in support of this joining them in attending the meeting. Mayor Prochaska asked if the Council would be interested in approving a resolution of support for this cause. He explained that revenues from the hotel/motel tax which were to be dedicated for tourism are now being placed in the general fund. It was the consensus of the Council to approve a resolution. Mayor Prochaska stated he would have one available for their review. Library Board Mayor Prochaska stated that he attended the Library Board meeting and he reported that the Board is looking to come to the City Council to request that the City consider placing the question of a referendum for the Library on the ballot. They will be making a presentation at the April 20,2004 Committee of the Whole meeting. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Hydraulic Avenue Interceptor:Agreements with Illinois RailNet,Inc.: Pipeline Crossing Agreement—Crossing at 2557 feet East of Milepost 50 Pipeline Crossing Agreement—Crossing at 2892 feet East of Milepost 50 Pipeline Longitudinal Agreement-Beginning at 525 feet East of Milepost 50& ending 2877 feet East of Milepost 50 for a total on 2352 feet A motion was made by Alderman Besco to approve the Pipeline Crossing Agreements with Illinois RailNet as presented for the Hydraulic Avenue Sanitary Sewer Interceptor project and authorize the Mayor and City Clerk to execute the agreements upon a final title legal approval by the City Attorney;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-19 Authorizing Zoning Variance for 104 W.Somonauk A motion was made by Alderwoman Burd to approve an ordinance approving variances for 104 W.Somonauk Street;seconded by Alderman James. Alderman Besco asked if the motion should be more specific. Attorney Kramer stated that the Council is approving two variances. The first is a variance to the minimum lot size;from 12,000 square feet to 7,654.7 square feet. The second is a variance to the minimum lot width at the building setback line;from a minimum of 80 feet to 79.37 feet. Alderman Kot aslced if there were any objections made at the public hearing and Attorney Kramer stated there were no objections and one neighbor spoke out in favor of the variances. Alderman Kot asked what the distance was for the notice and Attorney Kramer stated that notices The Minutes of the Regular Meeting of the City Council—April 13,2004-page 6 were sent to those within 250 feet of the lot. Mayor Prochaska stated that the lot will be consistent with those in the neighborhood. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye Tanglewood Trail 11/�Mile Review A motion was made by Alderwoman Burd to approve the recommendation to Kendall County for Tanglewood Trail Subdivision to follow United City of Yorkville Estate Class One-Family Residence District;seconded by Alderman Besco. Mayor Prochaska asked that since the annexation is not being addressed tonight,should the motion be subject to an annexation agreement being signed and Attorney Kramer stated that yes that should be included in the motion. Alderman Besco withdrew his second. Alderwoman Burd amended the motion to state that it is subject to an annexation agreement being executed between the United City of Yorkville and Tanglewood Trail Subdivision; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye Attorney Kramer noted that a letter will be sent to the County. Authorizing the Execution of the Annexation Agreement&Annexing Properties Tanglewood Development Corporation Mayor Prochaska entertained a motion to table the ordinance annexing the Tanglewood Subdivision until the April 27,2004 City Council meeting. So moved by Alderman Besco; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye Cornerstone PUD Amendment A motion was made by Alderwoman Burd to table the ordinance authorizing execution of the Cornerstone PUD Amendment Agreement until the April 27,2004 City Council meting; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye Resolution 2004-09 Approving Grande Reserve Units 1,2,3,4,5,&6 Final Plats A motion was made by Alderwoman Burd to approve the resolution approving Final Plat of subdivision for Grande Reserve Subdivision Units 1,2,3,4,and 6 final plats as recommended by the Plan Commission and City Engineer and authorize the Mayor and City Clerk to execute the plats;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS School Site Study Administrator Graff noted that City Planner Mike Schoppe would be presenting the School Site Study at the Plan Commission meeting on April 14,2004. He stated that the School Board,Park Board,Bristol-Kendall Fire District and School District have been invited to attend. Mayor Prochaska stated that it would be a good think for the City Council to be a part of since all the other City boards have been invited. He asked that if council members were available they attend the meeting. The Minutes of the Regular Meeting of the City Council—April 13,2004-page 7 St.Charles Youth Home Mayor Prochaska reported that he received an email regarding the St.Charles Youth Home being closed. He noted that the email stated that sending the children further away will affect the rehabilitation programs in which the children and their families participate and it will also place a burden on other facilities.He asked Chief Martin how this would affect the United City of Yorkville. Chief Martin agreed that the closing will place a burden on the family members who visit the children as they will be placed in other facilities. Also there will be a burden placed on the Police Department who transports the juveniles to the facility. He stated that he personally felt that the facility should remain open. Attorney Kramer stated that as children are going through the judicial process,there is a Kane County youth home that is used. He also noted that about 95%of the children convicted in Kendall County do not go to the St.Charles facility but rather private care facilities. Mayor Prochaska asked that the state officials take a closer look at the facility and keep it open. He stated that he supports the rehabilitation of youth in order to have them grow into responsible adults and become valuable members of the community. Alderman Besco also noted the economic impact on the community because there are several employees of the facility that live in Yorkville. There was no further additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Kot. Motion approved by a viva voce vote. Meeting adjourned at 7:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois / Informed Emergency Response April 21, 2004 Informed Emergency Response, LLC (IER) provides Information and Communications Systems to the Public Safety, Municipal and Educational industries. 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If you compare the recent war in Iraq with the Vietnam War, it is clear that we are fighting and winning wars with technology. At IER, we would like to provide every first responder with the same technological edge our armed forces enjoy today. From the White House Homeland Security web page, "It is crucial for response personnel to have and use equipment and systems that allow them to communicate with one another. The current system has not yet supplied the emergency response community with the technology that it needs for this mission. The new Department of Homeland Security would make this a top priority." IER, Informed Emergency Response is an extremely cost efficient system specifically aimed at accomplishing the FEMA and Department of Homeland Security goals of interoperability, information and communications exchange between agencies while greatly enhancing incident command and control capabilities. Four years ago, the Byron Fire Protection District contacted our consultants in order to solve their information and communications problems. In response to their needs, we developed the IER information delivery system and IER Software O, utilizing state-of-the-art technologies. During the last two years Byron Fire Protection District(BFPD) has employed our information delivery system, which has been used to great effect by first responders in the district. This system meets the requirements of first responders because it was developed with and for first responders. Our product is an information creation, collection, storage and delivery system comprised of: 1. A geographic information system (GIS) - can organize many different sets of layered, mapped information that are easily and instantly accessed with a key word or location, allowing public safety personnel to effectively plan for emergency response, determine mitigation priorities, analyze historical events, and predict future events. GIS allows decision makers to virtually see the issues before them and then select the best course of action 2. A centrally located and backed up data center- GIS files are very large and would be very expensive to store as an individual department. The centralization of data and software storage allows for huge economies of scale, not only in data storage costs,but also in software expenses. By sharing a data center, the individual departments are relieved high computing costs and the responsibility for IT know- how. Familiarity with an Internet browser is sufficient for using this system. Any software can be loaded onto the server; so all agencies could utilize this system. Many existing police radios can be loaded with browser software and an Ethernet card to access the system encouraging compatibility between agencies. Informed Emergency Response 525 North Main Street, Elburn Illinois 60119 630-365-2337 contact@ ierllc.com Informed Emergency Response 2. A broadband wireless network - provides for connectivity of data, voice and video out to, and from the field. This allows for simultaneous communication between divergent personnel from different locations in the field with full interoperability. It also allows for transfer of data such as live video feed to off-site experts or command and control centers. Information is secured with AES encryption technology. 3. IER Software:), A User Interface for the IER database, Arc GIS 8.2, Microsoft Visual Basic enabled. The user Interface is designed for but not limited to application in Fire, Police and Sheriff Departments, Schools, Municipal and County Departments, Nationally and Internationally. The IER system provides the following benefits • Instant access to site-specific, real time information en-route and at the incident scene including large GIS files and live video stream. Information is available any time anywhere by anyone the host department chooses to share it with- including officials and experts across the country. • Remote command and control for large disasters such as terrorist events and hazardous material incidents via live video feed. • Sharing of information with mutual aid departments and other agencies for interoperability. • Alternative voice communications via routable VOIP wireless, no longer dependent on landlines for redundancy. • High-end computing and storage capabilities without large capital expenditures for individual departments due to a shared data center. • Great computing capability with limited IT knowledge. • Reduced equipment and software costs- inexpensive browser terminals are needed to access the system, which always hosts the most updated version of software. Expensive updating of computer systems becomes a thing of the past. • Access to seldom used software, such as plume analysis, on a per use basis. • Shared training costs- first responders can attend live training sessions virtually from their own departments in an interactive environment with instructors at other departments. • Ability to coordinate scarce and widely dispersed resources so a region of departments becomes an interoperable network of specialized equipment, specially trained personnel, Informed Emergency Response 525 North Main Street, Elbum Illinois 60119 630-365-2337 contact@ierllc.com Informed Emergency Response and other resources, which can be instantly accessed when needed by responding departments. • Compliance with Phase II Cellular Wireless. The GIS system is the backbone of what is needed to provide the Phase II Wireless compliance. • Designed as non-proprietary based open standard system. Economies of the IER system Based upon the current 1209 Fire Departments in the State of Illinois, the use of the IER system could realize a conservative cost savings of 18 Million Dollars annually over their current information technology hardware and software expenditures. While at the same time getting a system beyond compare to anything these Fire Departments are currently using. When taking into account multiple agencies and the other areas of efficiencies the cost savings become immeasurable. Hardware Efficiencies - The IER system can be accessed with any web enabled browser sometimes referred to as a thin client. Thin clients are very inexpensive compared to computers. Old, donated computers can also be used to access the system as long as they are outfitted with a browser. This gives every department on our system the computing power of a million dollar data center, with an extremely low cost of entry. In many cases the IER system transmits information as speedily with dial up service as it does with cable or DSL. The ideal situation would include a broadband or ultra-broadband wireless network to instantly transmit information out to the field, so that firefighters can view preplans at and on their way to the incident scene, however, accessing the system on a donated computer with dial up service is a good, inexpensive first step to getting smaller volunteer departments up to speed. Software Efficiencies—Our annual software prescription fees are based on 25% of the retail price of software. In many cases, this annual fee is less than the annual maintenance on the software. All costs associated with maintenance and updating of software are eliminated because the server always hosts the most recent versions of the software. Software companies require a license for every copy of software that is simultaneously being used by an agency. Keeping multiple user licenses up to date can be very expensive. The IER pricing is calculated per department, regardless of how many people are simultaneously using the different software packages. Eventually, there will be a single portal fee with usage charges for the software. We anticipate that this change will make software usage less expensive for everyone, but significantly so for smaller departments with less usage. Also, very expensive and seldom used analysis software (like plume analysis) is always available on the server and departments are only charged on a per use basis. Informed Emergency Response 525 North Main Street, Elburn Illinois 60119 630-365-2337 contact@ierllc.com Informed Emergency Response Personnel Efficiencies - Personnel efficiencies come from a number of areas. We anticipate that the bulk of the timesaving will occur in the area of records maintenance. For example box alarm cards, pre plan information and hydrant inventories are recorded in many locations by many different people, at the station and on the trucks as well as with dispatch centers and other mutual aid companies. This makes the updating of records timely and tedious. The IER system allows changes to be made in a single location. The IER system can transmit live video feeds anywhere, any time so incidents can be viewed from remote locations. This could potentially save many hours of unnecessary travel for regional technical rescue teams. It could also allow fire chiefs to attend some of the many meetings they are required to attend remotely, helping them better manage their time. Training Efficiencies - Because the IER system allows the transmission of live video stream, training sessions can be attended virtually in an interactive environment with an instructor at another location. We envision that virtual training will make train the trainer programs even more efficient by cutting down on travel time required to attend training sessions and by allowing the cost of trainers to be shared with many departments. Contact Information: Paul DesCoteaux Informed Emergency Response 525 North Main Street Elburn, Illinois 60119 Phone - 630-365-2337 Email - contact@ierllc.com Informed Emergency Response 525 North Main Street, Elburn Illinois 60119 630-365-2337 contact@ierllc.com UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LIZ D'ANNA April 27, 2004 TO: Mayor and City Council RE: Resolution of Support and Endorsement of the Grant for the Informed Emergency Response, LLC Computer Software System Please add the attached to your City Council packet for tonight's meeting. Thank you, Liz D'Anna Deputy Clerk cc: Department Heads RESOLUTION NO: 2004- RESOLUTION OF SUPPORT & ENDORSEMENT OF THE GRANT FOR THE INFORMED EMERGENCY RESPONSE, LLC COMPUTER SOFTWARE SYSTEM FOR THE UNITED CITY OF YORKVILLE POLICE DEPARTMENT WHEREAS, the United City of Yorkville Police Department is in support of the Grant to implement the Informed Emergency Response, LLC Computer Software program in order to promote accuracy and efficiency throughout the Department; and WHEREAS, the Village of Oswego Police Department is in support of the Grant to implement the Informed Emergency Response, LLC Computer Software program in order to promote accuracy and efficiency throughout their Department; and WHEREAS, the Kendall County Sheriffs Department is in support of the Grant to implement the Informed Emergency Response, LLC Computer Software program and is seeking federal funding for the same; and WHEREAS, the United City of Yorkville Police Department in considering the implementation of said computer software system would seek to utilize the technology of Kendall County; and WHEREAS, the collaborative effort of developing a county-wide system will benefit all agencies involved; and WHEREAS, the Mayor and the City Council of the United City of Yorkville deem it to be in the best interest of the City to endorse and support the Kendall County Sheriff s Department Federal Grant Application; and NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Aldermen voting that the United City of Yorkville offers an endorsement of support of the Kendall County Sheriffs Department Federal Grant Application for federal funding of public safety computer software. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO Page 1 of 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th day of May, 2004. Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of May 2004. City Clerk This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 630-553-9500 Page 2 of 2 • Community Preparedness Planning Process COPS CEO Pre-site Agreement Assessment site: Yorkville, Illinois The Community Preparedness Planning Process is very extensive, involving at least five community meetings from three to four hours each with key local members of your Community Preparedness Planning Team. Meetings:Our goal is to conduct at least five meetings with your Community Preparedness Planning Team which will last from three to four hours. Your assistance in scheduling these meetings on a monthly basis is required to make this process successful. Experience has found that, once we begin the process,if the meetings are schedule every month with assignments given to the community team between meetings, the process can be concluded within a six month timeframe. Pre-arranged meetings enable the RICP Facilitation Team to make the most effective use of their limited time. Community Preparedness Planning Team It if the responsibility of the community elected official to create a Community Preparedness Planning Team if one does not exist. Below is a list of possible members of a community team. • Police Chief • Mayor/City Manager • Sheriff • Public Health • Public Works • School Administrator • Business Leader • Fire Chief • Religious Leader Media • Civic Club Leader • ESDA Coordinator • Council Member • Volunteer Representative • Citizen Activist • Others as appropriate Team Briefing Materials: We appreciate your assistance in making sure that each team member selected to participate will provide a copy, if available, of any homeland security or crisis planning documents they have developed for Phase 2 Scanning Meeting. In addition, the RICP Facilitation Team will need copies of the following information in preparation of the Phase 2 Meeting. • Community Profile, Demographic Information, and Community Maps • Department/City/Tribal Organization Chart • Mission Statement and Strategic Plan • Recent Community, Organizational, or Employee Surveys and Results • Planning Documents • Annual Budget and Reports • Policies and Procedures pertaining to homeland security and crisis planning. • Summary of community homeland security activities, partnership agreements, volunteer programs and number of volunteers. ©Regional Institute for Community Policing,2004 This project was supported by cooperative agreement#2003CKWXKO12 awarded by the Office of Community Oriented Policing Services, U.S.Department of Justice. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department ofJustice. • Recent newspaper articles related to community preparedness or homeland security issues Onsite Logistical Support:Because the RICP is covering the direct costs for this planning process, we ask that your community provide onsite support to the RICP Facilitation Team. This may include: • Liaison member assigned to the RICP Facilitation Team • Meeting room space • Access to copy and fax machine • Onsite staff person for liaison to assist with meeting scheduling and modifications • Transportation support, as needed • Accommodation recommendations • Invitations to key meetings, community gatherings, and partnership events Publication of Community Preparedness Planning Report and Proposal: The Community Preparedness Planning Process and subsequent grant award will create an expectation within the community that something will happen as a result of the Revised Preparedness Plan and Grant Proposal Report. The community will anticipate the results of the onsite Planning Process Report, as well as request involvement in subsequent activities,often implementing the recommendations from the report. For these reasons: • The community should expect to receive an initial draft report within six weeks of the Community Preparedness Planning Process Phase 5 meeting. If there is a delay, the RICP Facilitation Team Leader will contact you and your identified department liaison. • The community will be asked to review the draft for omissions, errors, and mistakes. Please expect to review the draft report and return it with comments to the RICP Onsite Facilitation Team Leader within 30 days. • Communities often request multiple copies of the final report and proposal for distribution throughout the community, if appropriate. RICP staff will need an indication of the number of copies requested by the department. • Because the final report is funded by the U.S. Department of Justice, Office of Community Oriented Policing Services, the report is considered a public document and available to citizens upon request. • If the community fails to return the draft of the report or proposal within ten weeks of the final Phase 5 meeting, the draft report will become the final printed report and grant funds cannot be awarded until the proposal is completed and approved. • Follow up assistance may be available if desired and mutually agreed upon. Examples of assistance may include training, strategic planning, community outreach, and/or other technical assistance. Mayor/City Manager Date RICP Facilitation Team Leader Date cc: Elected Official,RICP Director,IML Director,and RICP Facilitation Team Leader ©Regional Institute for Community Policing,2004 This project was supported by cooperative agreement#2003CKWX7C012 awarded by the Office of Community Oriented Policing Services, U.S.Department of Justice. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department of Justice. YORKVILLE AREA CHAMBER OF COMMERCE 26 West Countryside Parkway Suite 101 Yorkville, Illinois 60560 April 21, 2004 Dear Exhibitor: We are pleased that you have chosen to be a part of the Yorkville Trade Fair. We are looking forward to a successful event for everyone involved. As the Trade Fair is just under a month away, we want to remind you that the Trade Fair will be held at the Kendall County Fairgrounds on May 14-15, 2004. The exhibit hours will be from 4:00 to 8:00 p.m. on Friday, May 14, and from 9:00 a.m. to 3:00 p.m. on Saturday, May 15th. Set-up time will begin on Thursday, May 13 at 3:00 p.m. Please note that exhibits must be set up by noon on Friday, May 14th. Remember that the exhibits may not be removed until after 3:00 p.m. on Saturday. There will be a Trade Fair committee member available during the set-up time and throughout the event to assist with any questions, concerns, problems, etc. You can also ask for help at the Chamber of Commerce booth. Complimentary doughnuts,juice and coffee will be available on Saturday morning at 8:00 a.m. for exhibitors only. A designated Exhibitor Parking area will be available. We do encourage you to utilize this space in order to allow the public access to the parking spaces available nearby. Enclosed please find a copy of the 2004 Yorkville Trade Fair Policies & Procedures. Please keep in mind that booths must be cleaned up completely at the end of the event. There will be a dumpster available for disposing of waste materials. If you have any questions, feel free to call the Chamber office at 630-553-6853. Thank you for your participation and support! Sincerely, 2004 Yorkville Trade Fair Committee c ,D cis.o United City of Yorkville ,EN>I County Seat of Kendall County EST.% .inin1836 800 Game Farm Road CO Yorkville, Illinois 60560 1441 lei cj: Q Phone:630-553-4350 �,� �. 1: v�Z Fax:630-553-7575 1'4 L E \‘' YORKVILLE TRADE SHOW SIGN UP SHEET MAY 14-15, 2004 Friday, May 14th 4:00 - 6:00 PM 6:00 - 8:00 PM Saturday, May 15 9:00 - 11:00 AM 11:00 AM - 1:00 PM 1:00 - 3:00 PM Please RSVP to Mayor Prochaska by Thursday, May 13th Thank you for your help. Afw/4/29/04 INVOICE 021618 PAT SUMMEReitill P A O D 11 ( T I O N S 2105 Waterview Parkway Richardson,TX. 75080 PH.(972)907-2525 FAX(972)437-9420 C UNITED CITY OF YORKVILLE TONY GRAFF T 800 GAME FARM ROAD E 800 GAME FARM ROAD 0 N YORKVILLE IL 60560 T YORKVILLE IL 60560 INV. DATE 4/14/04JOB# COIC648RBB RODUCER 00-UNITED CITY ERMS/CONDITIONS SEE TERMS LISTED BELOW. DESCRIPTION AMOUNT: $ CHAMPIONS $14,000 . 00 Charge for Broadcast Video Production Agreement . TERMS: $14 , 000 .00 is due by April 23 , 2004 . AMOUNT: COMMENTS $14 ,000 . 00 THANK YOU ! SHIPPING & HANDLING $0 . 00 SALES TAX $0 .00 IF APPLICABLE AMOUNT DUE $14 000 .00 CUSTOMER COPY PSTMEZR/ n� n INVOICE 021619 ATJ1,. p1 0 D U ( T I O M S 2105 Waterview Parkway Richardson,TX. 75080 PH.(972)907-2525 FAX(972)437-9420 YORKVILLE TONY GRAFF UNITED CITY O T 800 GAME FARM ROAD E 800 GAME FARM ROAD O N YORKVILLE IL 60560 T YORKVILLE IL 60560 INV. DATE 4/14/04JOB# COIC648RBB TRODUCER 00-UNITED CITY ERMS/CONDITIONS - • SEE TERMS LISTED BELOW. DESCRIPTION AMOUNT:$ CHAMPIONS $14,000 . 00 The remaining balance of $14 , 000 . 00 is due by June 7, 2004. AMOUNT: COMMENTS $14,000 . 00 THANK YOU ! SHIPPING & HANDLING $0 . 00 SALES TAX $0 . 00 IF APPLICABLE AMOUNT DUE $14,000 .00 CUSTOMER COPY t < UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LIZ D'ANNA April 27, 2004 TO: Mayor and City Council RE: Ordinance Amending Water Conservation Regulations Ordinance No. 2004-17 For ease of distribution to residents and posting on the website, I have incorporated the penalty revisions into the existing Water Conservation Regulations so that there is only one ordinance. The attached document was reviewed by Kelly Kramer. If you have any questions, please contact me. Thank you, Liz D'Anna Deputy Clerk cc: Department Heads States of Illinois ) ) ss County of Kendall ) ORDINANCE No. ORDINANCE AMENDING UNITED CITY OF YORKVILLE WATER CONSERVATION REGULATIONS ORDINANCE NO. 2004-17 WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to amend the Water Conservation Regulations; and WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council has determined that it is in the best interests of the community to amend the Section 7-5-15 (I) Penalty in order to ensure the orderly and efficient enforcement of the Water Conservation Regulations. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; that Section 7-5-15(I)Penalty is hereby revoked; and a new Section 7-5-15(I) is created to read as follows: 1. Any United City of Yorkville inspector, employee, officer or citizen observing a violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section(3)(A)(3) or Section(3)(F) above, shall be subject to penalties as provided in section 1-4-1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $125.00 fora second offense; and c. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water er De artment the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the City shall be added to the bill for water consumption for the property at which the offense occurred. 1 Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section of clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of May, 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th day of May, 2004. Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of May 2004. City Clerk This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 630-553-9500 2 United City of Yorkville Ordinance No. Ordinance Amending Water Conservation Regulations Ordinance No. 2004-17 Text TITLE 7 PUBLIC WAYS CHAPTER 5 WATER CONSERVATION REGULATIONS SECTION 7-5-15 7-5-15. Definitions. The following words and phrases when used in this Article shall, for the purpose of this Article, have the following meanings: Drip-Irrigation System: A soaking hose that when in use does not result in an actual dissipation of Water. Drip-Line: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. Landscape/Landscaping: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. Permitted Hours of Water Use: A time period between 5:00a.m. and 9:00a.m., and between 9:00p.m. and 12:00 midnight, each day. Person: Any individual, firm,partnership, association, corporation, company, organization, or entity of any kind. City: The United City of Yorkville. Water: The water provided by and obtained by a person from the City water supply and distribution system. A. Application 1. The provisions of this Article shall apply to all Persons using Water, and to all properties within the City or unincorporated areas which are connected to the City's Water supply and distribution system, regardless of whether any Person using the Water has a contract for service with the City. 3 2. The provisions of this Article shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an Emergency Proclamation issued pursuant to Section(1) below. B. Restricted Hours and Days for Specified Uses: 1. Water may be used for landscape watering or the filling of swimming pools only as follows: a. All properties with even-number street numbers (i.e. numbers ending in 0, 2, 4, 6 or 8) may use Water for landscape watering or for pool filling, only on even-number calendar dates during Permitted Hours of Water Use. b. All properties with odd-numbered street numbers (i.e. number ending in 1, 3, 5, 7, and 9) may use Water for landscape watering or for pool filling only on odd-numbered calendar dates during Pet mitted Hours of Water Use. c. There shall be no restrictions as to hours or days when Water may be used for any of the following: a) Landscape watering or sprinkling where such watering or sprinkling is done by a Person using a hand-held watering device; b) Filling swimming pools with a volume of fifty (50) gallons or less; c) The automatic watering of trees and shrubs by means of automatic root-feed or Drip-Irrigation Systems within the drip line of the tree or shrub; or d) Vehicle and equipment washing; or e) Any other lawful use of Water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this Article. C. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the provisions of Section 8-3-3 above,the following special regulations shall apply: 1. Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1st through August 31st each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 4 2. From May 1st through June 30th and from September 1st through September 30th, Water may be used on new lawns (sod or seed), only as follows: Prior to sod laying or lawn seeding, a Sod Watering Permit (Exhibit A) must be obtained from the United City of Yorkville. a. On the day new sod or seed has been placed on a property, a Person may use an automatic sprinkling device to apply Water to the sod or seed for a total period of time not to exceed eight(8) hours. b. For the next nine(9) days thereafter, a Person may apply water to said sod or seed each day during Permitted Hours of Water Use. c. Following the first ten (10) days after the sod or seed is placed, the provisions of Section 8-3-3 above shall apply. 3. Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: A. Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this Article; B. Attach a Copy of these regulations to the contract; and C. Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this Article. 4. The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit his signed statement that he shall comply with the requirements of this Section at the time the real estate contract is executed. D. Waste of Water Prohibited. No Person shall allow a continuous stream of Water to run off into any gutter, ditch, drain, or street inlet while using Water for restricted purposes during the Permitted Hours of Water Use. E. Exceptions. The provisions of the article shall not apply any commercial or industrial entity for which use of Water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of Water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. F. Bulk Water Rates. Bulk Water rates shall be increased to three (3) times the non-resident Water rate during the time described in Section 8-3-2 (B) above. 5 G. Hydrant Use Prohibited. Hydrants connected to the City water supply and distribution system for the purpose of providing Water for fire fighting purposes shall not be opened by any Person, other than authorized City or Fire District personnel, except for the purpose of fighting a fire. H. Emergency proclamation. 1. Whenever the Water supply of the City is diminished from any cause, including but not limited to prolonged dry period, increased Water demand, equipment failure, or Water quality concerns, to an amount which in the opinion of the City Engineer or Director of Public Works is or is likely to become dangerous to the health and safety of the public, the City Mayor is hereby authorized and empowered to issue an Emergency Proclamation specifying different or additional regulations on the use of water. 2. Such regulations may provide for limitations on the usage of Water, limitations on days and hours of use of Water for some or all purposes, and the prohibition of specified uses of Water. 3. Upon issuing such Proclamation, the City Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by new release to local newspapers and radio media, and may also endeavor to notify the City residents and other Persons in any other practical manner that he or she shall devise. Further, the City Mayor shall immediately deliver notice of such Proclamation, and the regulations that have been imposed by such Proclamation, to all members of the City Council. 4. The Emergency Proclamation of the City Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: a. The City Mayor determines that the emergency no longer exists and that the Emergency Proclamation, and the regulations imposed thereby, shall no longer continue in effect. b. The City Council modifies or repeals the Emergency Proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the City Council c. The first regular meeting of the City Council occurring more than 30 days after the date of the Emergency Proclamation of the City Mayor. 5. Any City employee or officer may, at the direction of the City Mayor, notify and warn any Person of the effect of said Emergency Proclamation and direct said Person to comply with said watering or sprinkling restrictions. If any said Person, after having first been warned about said restrictions of the Emergency Proclamation, they shall be deemed to be in violation of this Article. 6 I. Penalty. 1. Any United City of Yorkville inspector, employee, officer or citizen observing a violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section (3)(F) above, shall be subject to penalties as provided in section 1-4-1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $125.00 for a second offense; and c. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water Department the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the city shall be added to the bill for water consumption for the property at which the offense occurred. 7 Exhibit A UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Phone: 630-553-4350 Fax: 630-553-7575 Sod Watering Permit Name: Date: Address: Start Date: Ending Date: Official Sod Watering Rules: 1. Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1st through August 31St of each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2. From May 1st through June 30th and September 1st through the end of the season, water may be used on new lawns (sod or seed) only as follows: a. On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight (8) hours. b. For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c. Following the first ten (10) days after the sod or seed is placed, the provi- sions of the Water Conservation Regulations Ordinance No. 2004-17 (copy attached) shall apply. Signature of Responsible Party: 8 icilD C/i.). United City of Yorkville ESTArz= County Seat of Kendall County g 1836 • "V 600 Game Farm Road U) Yorkville,Illinois 60560 0 I R O Phone:630-553-4350 'Av .. `= Fax:630-553-7575 Fax . Date: • Pages: (Including cover sheet) To: Fax#: Company Name: From: Re: CC: ❑ Urgent 0 For Review 0 Please Comment 0 Please Reply • Comments: I i r i e • / _ i • Y , r ' �' I If you do not receive this transmission in its entirety, or have any problems with the receipt of this transmission, contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the sender's prior written consent rim0 HP LaserJet 3330 Ilith,Z111 City of Yorkville invent 630-553-7575 Apr-26-2004 3:05PM Fax Call Report Job Date Time Type Identification Duration Pages Result 874 4/26/2004 3:00:27PM Send 5535764 5:00 9 OK .,�`f� O* United City of Yorkville I:1 county Slat orxenday County BOO Came Farm Road `— N lbikviB.lanoia BO580 p�. 1 r O Phona:63O-553-'350 9 '(?"i ? Fax:630.553-7575 }, V ry<lE\\ Fax. Calr. -1(pct(04 Pages: 9 (Including cover sheet) Toe 0/J r/1 Fax M Company Naha•, Froft Ren CO Cil_A. -E-A-4J24J R--{±;15'1- Urgent i1S iUrgent ❑For Review 0 Please Comment 0 Please Reply •CommarW O�Q k a -i4 {� hate a t Bl `attty�2. 0�� 6-6 If you do not receive this transmission in its entirety,or have any problems with the receipt of this transmission,contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the sender's prior written consent 1 I 04/23/2004 09 53 FAX 630 553 5764 DANIEL J. KRAMER VI002/014 United City of Yorkville :-, County Seat of Kendall County EST.0 N111135 8,00 Game Farm Road h Yorkville,Illinois 60560 I O Phone:630-553-4350 '9 - = Fax.630-553-7575 v April 23, 2004 Tony Graff,Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 VIA FAX: 553-7575 Re: Triangle Investments, LLC Dear Tony: Please be advised that I have reviewed the Amendment that we have received on Triangle Investments, LLC or the Cornerstone Development,which is an Amendment to the original Planned Unit Development Agreement. The Amendment that we received faxed on April 21, 2004 is agreeable. We are preparing an Economic Incentive Agreement and Ordinance which can be passed after the Agreement itself. The Annexation Amendment is ready to go to agenda for Cit . Council. V yyo Daniel J. Kr.4 er Attorney at Law DJK/l gc Encl. 04/23/2004 07:39 6305537958 INGEMUNSON LAW OFFI PAGE 02 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 1NVESTM.ENTS, 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 Agreeineiit 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-zoic the R-4 portion of the property to R-2,decrease the R-2 zoned property to 1.8 acres more or less and increase the B-3 zoned portion of the property to 18 acres 1110re 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"; 04/23/2004 07:39 6305537956 INGEMUNSON LAW OFFI PAGE 03 • 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 Unlit 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 he 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 of the development, and a geometric plan for the central portion of the development showing individual lots and street configurations. •• 04/23/2004 07:39 6305537958 INGEMUNSON LAW OFFI PAGE 04 5) ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT. CITY agrees that,if requested by Develo er,the City shall.neotiate an Economic Development Incentive Agreement for Sales Tax rebates for off-site Public Infrastructure improvements for the Co.mirrercial 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 of structures,engineering,and legal fees,consistent with CITY guidelines for recovery of such costs. The OWNER/DEVELOPER Shall be entitled to a sales tax rebate of $18,250 as a result of the portion of the Greenbriar road that was oversized as a collector and which is attributable to the commercial portion of the subdivision.. 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: All 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 04/23/2004 07:39 6305537958 INGEMUNSON LAW OFFI PAGE 05 hereto and remain the agreement of the parties,O'WNER/DEVELOPER warrants that 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 due and payable upon the -CITY.,ar recording i-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) OWNER ENTITLEMENTS: a)The CITY shall grant a credit to OWNER in an amount equal to$1,800 off of the sanitary sewer hook-up fee for each residential building permit within said subdivision in exchange for Owner having granted to the City easements for the extension of a sanitary sewer interceptor, watennain and utility easement running parallel with Greenbriar Road on real property owner by Owner at the time. b)The CITY shall grant a credit to OWNER in an amount equal to $515 off of the water hook-up fee for each residential building permit. Water hook-up fees for the residential portion of the subdivision shall be frozen for a period of five years at the rates in effect upon the Application for annexation to the City of the subject Residential Parcel. 04/23/2004 07:39 6305537956 INGEMUNSON LAW OFFI PAGE 06 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. 1.1) 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. Ingemunson, PC 226 South Bridge Street • P.O. Box 578 Yorkville, IL 60560 OWNER/DEVELOPER: 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: 04/23/2004 07:39 6305537959 INGEMUNSON LAW OFFI PAGE 07 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 EXHIBIT LIST Exhibit "A" - R-2 zoned acreage • Exhibit "B" - B-3 zoned acreage 04/23/2004 09 53 FAX 630 553 5764 DANIEL J. KRAMER 1006/014 STATE OF ILLINOIS ) Revised April 23, 2004 ) ss COUNTY OF KENDALL ) ORDINANCE NO.2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AND THE REZONING OF PROPERTY 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 1 04/23/2004 09.53 FAX 630 553 5764 DANIEL J. KRAMER 007/014 WHEREAS, the property p p rty is already within the boundaries of the City; and WHEREAS,Owner/Developer has requested that the real property described in the attached Exhibit"B"be rezoned from R-4 General Residence District to B-3 Service Business District; and that the real property described in the attached Exhibit"C"be rezoned from R-4 General Residence District to R-2 One Family Residence District. 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 CityClerk are herewith authorized and directed to execute,on Y behalf of the City, an Amendment to Planned Unit Development Agreement concerning the development of the real estate described in the attached Exhibit"A",a copyof which Amendment to P Planned Unit Development Agreement is attached hereto and made a part hereof Section 2: That the real property described in the attached Exhibit"B"is hereby zoned B-3 Service Business District. Section 3: That the real property described in the attached Exhibit"C"is hereby zoned R-2 One Family Residence District, Section 4:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 2 04/23/2004 09:53 FAX 830 553 5764 DANIEL J. KRAMER I008/014 APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of_ , A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 20 Attest; CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 04/23/2004 09:22 FAX 830 553 5764 DANIEL J. KRAMER 1002/003 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2004- RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR GRANDE RESERVE SUBDIVISION UNITS 5, 7, and 8 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 5, 7 and 8; 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 5, 7 and 8 is approved and all City officials are authorized to execute the same. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 1 04/23/2004 09:22 FAX 630 553 5764 DANIEL J. KRAMER [V03/003 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 STATE OF ILLINOIS ) )ss COUNTY KENI)ALL ) ORDINANCE NO.2004- ORDINANCE APPROVING THE 2004-2005 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly held all Public Hearings, allowed public input, and through its committee system has duly considered formation of a budget for the 2004-2005 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the 2004-2005 Fiscal Year Budget being submitted on April 27, 2004 at its regular City Council Meeting: NOW THEREFORE, upon Motion duly made, seconded and approved by a majority of those so voting, the 2004-2005 Budget total amount of$44,197,295 including the amounts of $10,788,259 General Fund, $82,000 Fox Industrial, $2,591,500 Water Operations, $456,800 Sewer Maintenance, $89,600 Municipal Building, $13,940,823 Sanitary Sewer Improvement& Expansion, $10,527,256 Water Improvement & Expansion, $1,001,081 Debt Service, $599,199 Motor Fuel Tax, $499,700 Public Works Equipment Capital, $245,900 Police Equipment Capital, $950,946 Parks & Recreation, $91,938 Parks & Recreation Capital, $1,831,279 Land Cash, and $501,014 Library is hereby adopted for the 2004-2005 Fiscal Year, as presented. Page 1 of 2 ADOPTED this 27th day of April, 2004,pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURI) ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th day of April, A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 27th day of April, A.D. 2004. Attest: CITY CLERK Page 2 of 2 STATE OF ILLINOIS COUNTY OF KENDALL ) PROI'OSED THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR FOX HILL SUBDIVISION (JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589,OR NOMINEE) (DCI-CHARRTNGTON,INC.,OR NOMINEE) WHEREAS,the UNITED CITY OF YORKVILLE and PAUL DRESDEN,the ORIGINAL DEVELOPER OF FOX HILL SUBDIVISION entered into a written Planned Unit Development Agreement which was previously adopted and approved by the UNITED CITY OF YORKVILLE through Ordinance by its City Council;and WHEREAS,the OWNER/DEVELOPER and the CITY have undertaken to perform all obligations with respect to that Agreement;and WHEREAS,a new OWNER/DEVELOPER,JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589,and DCI-CHARRINGTON, INC.,or nominee,within Fox Hill Subdivision,has made written application to the UNITED CITY OF YORKVILLE for the purpose of rezoning the subject real property,in conformance with the attached Exhibit"A"which is incorporated herein and made a part hereof;and WHEREAS,JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589,or nominee, within Fox Hill Development,has made written application to the UNITED CITY OF YORKVILLE for the purpose of rezoning the subject real property designated in the attached Exhibit"B"which is incorporated herein and made a part hereof from United City of Yorkville R-2 One-Family Residence District and 8-3 Service Business District to United City of Yorkville _l_ OLO/Z00 @I 83MIHN 'f 13INV0 09L9 c99 0E9 XV3 ZE:bi b00Z/EZ/b0 B•3 Service Business District;and WHEREAS,DCI-CHARRINGTON,INC.,or nominee,within Fox Hill Development, has made written application to the UNITED CITY OF YORKVILLE for the purpose of rezoning the subject real property designated in the attached Exhibit"C"which is incorporated herein and made a part hereof from United City of Yorkville R-2 One-Family Residence District and B-3 Service Business District to United City of Yorkville R-4 General Residential District and B-3 Service Business District;and WHEREAS,in exchange for reengineering the subject property to account for the revised flood mapping of the Rob Roy Creek and realigning the access to the subject property to ensure thee public health,safety and welfare,at the request of the CITY the DEVELOPER shall receive a credit in an amount to be agreed upon by the parties,for OWNER/DEVELOPER'S cost of off- site road improvements;and WHEREAS,the CITY has held all public hearings,and taken all action necessary to modify the Planned Unit Development Agreement originally entered into between the Owner/Developer and the CITY: NOW THEREFORE,the parties hereby agree as follows: I) 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) 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 —2- 010/6000 83P4V I .t, 13INVO V9L9 ESS 069 XY3 LE: VI 0002/EZ/V0 appended pursuant to that Agreement. 3) The Concept Plan originally adopted and approved by the UNITED CITY OF YORKVILLE as to Fox Hill Subdivision is hereby modified to conform to the changes set out in this Agreement. 4) Upon approval of this Agreement by all parties,the UNITED CITY OF YORKVILLE will pass an Ordinance approving the terms of this Agreement and re-zoning the real property described in the attached Exhibit"B"to United City of Yorkville B-3 Service Business District. 5) Upon approval of this Agreement by all parties,the UNITED CITY OF YORKVILLE will pass an Ordinance approving the terms of this Agreement and re-zoning the real property described in the attached Exhibit"C"and depicted in the attached Exhibit"A"to United City of Yorkville R-4 General Residential District and B-3 Service Business District B-3 Service Business District. • formatted:au:ets sn0 Numbering_ li 6) (REQUESTED BY THE DEVELC)PER-PQI,ICY DECISION BY COUNCIL) That the CITY agrees to waive the renuiremeots enumerated in Paragraph N(3)of the Annexation and Planned Unit Development Agreement dated October a 1993.which required Developer,its nominees,successors and assigns,to contribute to the improvements rnadejo Eldamain Road.The CITY further aereeg that the OWNL'R/I)EVELOPER,its nominees,successors,and ag}igns are relieved of this requirement_in its entirety. 7) (REQUESTED BY THE DEVELOPER-POLICY DECISION BY COINCIL.I That the CITY agrees that,if requested by OWNER/DEVELOPER,the CITY —3- 010/1700Z 3-010/1700Z 113WV i .r 13INVO b9L9 C99 069 Xv3 Lc :tL 000Z/EZ/b0 shall negotiate an Economic DtL.I' held Incentive Agreement for Sales Tax rebates f r I lie infrastructure improvements.engin grim;costs and other reltgd expenses incurred by the OWNER/IDhVFL.OPER as part of the redesigtt and rr,,gngineering of Unit 7. Said sales tax rebates shall be paid over such niig4 anti in such amount necessary to retire financing obligations incurred by the CITY,or 12(iyate commercial devetoperuomovide said Public Infrastructure Improvement Ivluding but not limited to purchase and,installation of structure%, engineering and legal fees.consistent with CITY guidelines for recoysry of such costss.Thg9WNkiR/DEVELOPER shall he entitled to a sales tax rebates of 5 8) That the OWNER/DEVELOPER agrees that the subject property shall be subject to current United City of Yorkville Landscape Ordinances 91 That the OWNER/DEKELQEER agrees to provide a lanttiotoe buffer parallel with the southern property line of the subiect property legally described its Exhibit "C",which at minimum shall be fifteen feet(15')in width and consjs of one hundred foot(100'1 intervals of either of the following: ' rornuttad:Numbered+Levu:1 + t:1+A St_ Two(2)shack trees as defined by the United City of Yorkville Landseaoe aNumbering Style:a,b,c, ...+start at;1+ Agnment;Left+Nlpntd at r+Tab after: 1.5'+Indent at; Ordinance,three j3)evergreens and twenty-five(25)shrub;or t•s• b. l'hree1.31 shade trees as defined_bv the United City of Yorkville Landdcape Ordinance,three(3)evergreens and three(3)ornamental trees as defined by the United City of Yorkville 1.4inc1 cape Ordinance. _ __ _ _ t)e eeted: and it depicted I„sil,[bie:A~1 10) ;That the OWNER/DEVELOPER agrees to the installation of a 13R Sprinkler Formatted:Bullets.and Numbering-� —4-- nun/coorV! 83WVa0 .r 13INVQ b9L9 E4c 0E9 XV3 LC:171 100Z/EZ/170 System as recommended by the Bristol Kendall Fire Protection District in the unit located at the southern most point of the south cul-de-sac. 1 I,1_..RGQUESTED BY THE DEVELcPER-POI.ICY DECISION BY cnVACiLl That the OWNERIDEVELOER,arees to the following architecsi l Design Standards for the tlgy_looment of the real property legally described in Exhibit "G"anlrg cmed United City of Yorkville R-4 General Residential District • Formatted;Numbered+Level:1 + a. Each front facade of a huildjng shall consist of no less than fifty percent Numbering Style:a,b,c ...+start at:1+Alignment:Left+Aligned at: 1'+Tab after: 1.5"+Indent at: L50yoltric,k or stone materiel;rind 1s' b. No two adjacent buildings shall have jt front facade of the samesnlor,and G, That the front yards of stljaoill hui dines shall be varied with difffri t strectscape improvem_gn d. That each dwelling unit contained in the structure shall htye a minimum sauare footaue of 1,340 square feet of usable floor&ren. _ •(Formatted:auoets an_d Numbering 12) This Agreement shall be binding upon the successors,heirs,and assigns of each party hereto. 13) SEVERABT TY: 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. 14j 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 —5- 010/9000 83imv'8A 13INVO 09L9 ESS 0c9 XN3 LC :01 0002/cZ/60 contained in this Amendment shall be performed in a timely manner by all parties hereto. IN WITNESS WHEREOF the undersigned have set their hands and seals this day of ,2004. DCI-CHARRINGTON,INC.,or Nominee UNITED CITY OF YORKVILLE By: By: ARTHUR F.PROCHASKA,JR. MAYOR Attest: CITY CLERK JEANNE DRESDEN,as Trustee for Trust#8589 Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 —6- 010/LOCI 83WVVl .r 13INVO VSLS ESS OEs XV3 LEA4 b00Z/EZ/b0 " 03/22/2004 10,59 FAX 630 55: 5764 DANIEL J. KRAIMER e006/009 FOX HILL - UNIT 7 (PODS 9 & 10) GENERAL CONFIGURATION ROUTE 34 POD 9 20.53 ACRES — 1.12 (60" ROW) 19.41 ACRES ExIStING 8-3 ORIGINAL PROPERTY UNE REVISED PROPERTY E EXISTING R-2 EXISTING -'10111141,5" EXISTING :-3 EXISTING R-2 PROPOSED B-3 EXISTING R,-2 PROPOSED R-4 POD 10 13 13.72 ACRES - 1 . t 9 (60' ROW) 12.54 ACRES - p - NORTH SCALE 1'- 200' DRAWN BY: M. DELAHR DATE: 12/11/03 I _ v OLO/800 0 9310d871 .L, 13INV° b9L9 ESS 089 XVJ LE bL b00Z/EZ/b0 03/22/2004 10:59 FAX 630 553 5764 DANIEL J. 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KRAMER 1002/004 STATE OF ILLINOIS ) April 23,2004 )ss COUNTY OF KENDALL ) ORDINANCE NO.2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF A PROPOSED THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AND THE REZONING OF PROPERTY OF JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589 OR NOMINEE, DCI-CHARRINGTON, INC., OR NOMINEE (FOX HILL SUBDIVISION) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Proposed Third 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 Proposed Third 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 Proposed Third Amendment to Planned Unit Development Agreement has been 1 04/23/2004 14 56 FAX 530 553 5764 DANIEL J. KRAMER 0 003/004 fully complied with; and WHEREAS, the property is already within the boundaries of the City; and WHEREAS,Owner/Developer has requested that the real property described in the attached Exhibit"B"be rezoned from R-2 One Family Residence District to B-3 Service Business District; and that the real property described in the attached Exhibit"C"be rezoned from R-2 One Family Residence District to R-4 General Residence District and B-3 Service Business District. 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 Proposed Third Amendment to Planned Unit Development Agreement concerning the development of the real estate described in the attached Exhibit"A",a copy ofwhich Proposed Third Amendment to Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That the real property described in the attached Exhibit"B"is hereby zoned B-3 Service Business District. Section 3: That the real property described in the attached Exhibit"C"is hereby zoned R-4 General Residence District and B-3 Service Business District. Section 4:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 2 04/23/2004 14 58 FAX 630 553 5764 DANIEL J. KRAMER V1004/004 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 , AD, 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3