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HomeMy WebLinkAboutCity Council Packet 2004 05-25-04 �D c/1.1- 21 ° `2 ° United City of Yorkville J iii .ii � County Seat of Kendall County EST. 1836 800 Game Farm Road �L Cl) Yorkville, Illinois 60560 p 1 `_p Phone:630-553-4350 AGENDA 9"ri, E;w� Fax:630-553-7575 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, May 25, 2004 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, June 28, 2004 To Be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, June 17, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, June 10, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, May 27, 2004 City Hall Conference Room Public Hearings: --- ---� -------- ---- �------- ----- ____---- 1. PC 2003-13 Bailey Meadows: IRED Development Ventures Inc.,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and B-3 Service Business District.. The real property consists of approximately 150.3 acres at the Southwest corner of Baseline Road and Route 47, Bristol Township, Kendall County, Illinois. City Council Meeting Agenda May 25, 2004 Page 2 Citizen Comments: Presentations: 1. Yorkville Police Department 2003 Year End Analysis Consent Agenda 1. Resolution Amending Facade Program Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—May 4, 2004 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 844,665.65 (vendors - FY 03/04) $ 38,867.69 (vendors - FY 04/05) $ 123,642.88 (payroll period ending 5/01/04) $1,007,176.22 (total) Reports: Mayor's Report: 1. Presentation of Certificate of Appreciation to Officer Patricia Cernekee 2. Appointment to the Human Resource Commission 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: City Council Meeting Agenda May 25, 2004 Page 3 Reports (con't): Executive Director of Parks&Recreation Report: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. 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. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 UBLIC WORKS'; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd City Council Meeting Agenda May 25, 2004 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 (con't) ECONOMIC DEVELOPM ENTS Committee ^-- Departments Liaisons Chairman: Alderman Sticka Planning &Building &Zoning Chamber of Commerce Committee: Alderwoman Burd Business& Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Spears Plan Commission Committee: Alderman Munns Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James ADMINISTRATION_ Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco IAD-HOC: TECHNOLOGY' Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare DRAFT ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, A MUNICIPAL CORPORATION, AND IRED DEVELOPMENT VENTURESBASELINE, INCL.L.C„ AN ILLINOIS LILTED LIABILITY COMPANY Prepared by and return to: H. Dan Bauer, Esq. The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 Doc:58228/2 TABLE OF CONTENTS SECTION PAGE 1. ANNEXATION 2 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE 4 3. FUTURE FINAL PLATS AND FINAL ENGINEERING 6 4. SECURITY 6 5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, FUNDING MECHANISMS AND WATER WELL AND TOWER SITE 9 6. EASEMENTS AND APPROVALS 13 7. CONNECTION TO CITY SERVICES, FEES AND ABSENCE OF SPECIAL SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT FOR THE TERRITORY 14 8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS 16 9. SIGNAGE 19 10. ELECTRIC, GAS, TELEPHONES AND CABLE TV 20 11. INGRESS AND EGRESS 20 12. ANNEXATION, SCHOOL,PARK DISTRICT AND LIBRARY IMPACT FEES AND RECAPTURE AGREEMENTS 21 13. PROFESSIONAL FEES 22 14. CITY ORDINANCES AND CODES 22 15. BUILDING PERMITS AND RELATED INSPECTIONS 24 16. RECAPTURE AND BENEFITTED PROPERTIES 25 17. CERTIFICATES OF OCCUPANCY AND MODELS 27 Doc 58228/2 18. DISPLAY PURPOSES 31 19. TEMPORARY PARKING 31 20. FEMA LETTERS OF MAP REVISION 31 21. TRANSFER 32 22. CITY ASSISTANCE 33 23. GOVERNING LAW; ENFORCEMENT; REMEDIES 33 24. INTEGRATION AND AMENDMENT 35 25. SUCCESSORS AND ASSIGNS 35 26. SEVERABILITY 35 27. TIME 36 28. TERM OF AGREEMENT 36 29. NOTICE 36 30. CURRENT USES AND APPLICATION OF CITY TAXES 37 31. SUBSEQUENT AMENDMENTS 38 32. COVENANTS RUNNING WITH THE LAND 38 33. FUTURE APPROVALS AND COOPERATION 38 34. POSTANNEXATION CITY ACTIONS 39 35. CURRENT 40 36. VARIANCES 40 Doc:58228/2 ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND IRED , :. •:. • ' ,,•:., •:.• !'._.BASELINE, INCL.LC.,AN ILLINOIS GORPORATIONL LIABILITY COMPANY THIS ANNEXATION AGREEMENT(AAgreement@) is made and entered into this day of , 2003, between the UNITED CITY OF YORKVILLE, a municipal corporation, located in the County of Kendall, State of Illinois (hereinafter referred to as the ACITY@), and IRED DEVELOPMENT VENTURESBASELINE, INCL.LC., an Illinois corporationlimited liability company (hereinafter referred to as the AOWNER@). WITNESSETH WHEREAS, at the time of execution of this Agreement, OWNER is the sole owner of record of the real estate that is the subject matter of this Agreement. Such real estate is legally described in EXHIBIT AA@ attached hereto and which by reference is incorporated herein; and WHEREAS, the said real estate (herein referred to as the ATERRITORY@) is comprised of approximately one hundred fifty (150) acres, more or less, and is shown on the Plat of Annexation attached hereto and incorporated herein as EXHIBIT AB@; and WHEREAS, the OWNER shall develop the TERRITORY with uses or design generally consistent with all such criteria contained in this Agreement and the General Land Use Plan of Gary R. Weber & Associates dated dti-IyFebruary 178, 20031 (herein referred to as ASite Plan@) attached hereto and incorporated herein as EXHIBIT AC@; and Doc:58228/2 -1- WHEREAS, the TERRITORY is currently not contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city; and WHEREAS, the TERRITORY is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District, and after annexation, unless at the time that the TERRITORY becomes contiguous and is automatically annexed to the CITY the CITY has its own fire department that provides fire protection for the TERRITORY, will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by the CITY=S public library; and WHEREAS, the corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the TERRITORY to the CITY upon the TERRITORY becoming contiguous to the corporate limits of the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY; and WHEREAS, pursuant to the provisions of Sections 5/11-15.1-1 et seq., of the Illinois Municipal Code, (Chapter 65, Illinois Compiled Statutes, 2002), a proposed Annexation Agreement was submitted to the corporate authorities of the CITY and a public hearing was held thereon before the Mayor and the City Council of the CITY pursuant to notice, as provided by the statutes of the State of Illinois; and WHEREAS, the OWNER and the CITY have otherwise respectively complied with all applicable ordinances and laws of the State of Illinois regarding annexation, zoning and development of the TERRITORY, all pursuant to and upon such notices Doc:58228/2 -2- and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. ANNEXATION. A. This Agreement is made pursuant to and in accordance with the provisions of Sections 5/11-15.1-1 et seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) of the Illinois Compiled Statutes; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes (AStatutes@) and specifically Sections 5/11-15.1-1 et seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. That OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes. C. The CITY agrees to enact an ordinance authorizing the execution of this Agreement by the OWNER and after enactment of such ordinance, the CITY shall execute this Agreement. Upon the TERRITORY becoming Doc 58228/2 -3- contiguous to the municipal limits of the CITY, the CITY shall enact ordinances necessary to annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation, subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder=s Office and will file same with the Kendall County Clerk=s Office. D. If for any reason and at any time, the annexation of the TERRITORY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii)take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the TERRITORY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected. 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE. That contemporaneously with the annexation of said TERRITORY to the CITY, the corporate authorities shall adopt an ordinance or ordinances amending the provisions of the Zoning Ordinance of the CITY so as to provide that the Parcels of the TERRITORY be zoned and can be used for the purposes currently allowed in the following zoning classifications of the CITY=S Zoning Code: Parcel 1: Legally described on EXHIBIT AD@ attached hereto and Doc:58228/2 -4- made a part hereof and containing approximately eighty ccveneight and wive hundred twenty three/thousandths (878.523) acres shall be zoned R-2 General Residence District , Parcel 2: Legally described on EXHIBIT"E"attached hereto and made a part hereof and containing approximately thirty one and four/tcnthJfive hundred twenty seven/thousandths (340.4527) acres shall be zoned R-3 General Residence District, Parcel 3: Legally described on EXHIBIT"F"attached hereto and made a part hereof and containing approximately thirty-one and one/tcnththree hundred eighty eight/thousandths (31.4388) acres shall be zoned B3 Service Business District. OWNER shall be entitled to construct a minimum of one hundred eighty nine (189) single family detached residences on Parcel 1 and one hundred fifty three (153) attached single family town home units on Parcel 2, and, in its sole discretion, may reduce the number of units constructed. The Preliminary Plan attached hereto as Exhibit AG @ depicts for Parcels 1 and 2 the road right-of-ways, the open space, detention areas, setbacks from Route 47 and Baseline Road, utility easements and park areas. The CITY hereby approves the aforementioned Preliminary Plan and agrees to approve Preliminary Plats of subdivision and Final Engineering plans and Final Plats of Subdivision for Parcels 1 and 2 even beyond one (1) year from the date of this Agreement provided the respective final plats and engineering plans (which may be in phases) are in substantial conformance (on a Phase by Phase basis) with the Preliminary Plan hereby approved. It is agreed that the park donation required pursuant to Ordinance is a donation of 6.6 acres of land. OWNER shall contribute said 6.6 acres of land at the CITY's request at any time after the TERRITORY becomes contiguous in complete satisfaction any and all land/cash donations due pursuant to current and/or future CITY ordinances. The CITY further agrees that no Doc:58228/2 -5- park donation is or ever will be required for any Parcel with a non-residential-3 zoning classification. It is agreed that during the term of this Agreement, the current CITY Zoning Ordinances attached hereto as EXHIBIT "H" and the current CITY Subdivision Control Ordinances attached hereto as EXHIBIT Al@ shall control the development of the TERRITORY and all portions, Phases and/or Parcels thereof and no modification or amendment thereto shall affect development of the TERRITORY without the OWNER=S written consent to such amendment or modification, which consent can be withheld in OWNER=S sole discretion; provided, however, life-safety provisions of building codes and inspection and hook-up fees which are charged on a non-discriminatory basis city-wide can be modified or amended from time to time and such modifications shall be applicable to the TERRITORY. Notwithstanding the provisions of the foregoing sentence, if at any time after five (5) years from the date that this Agreement is executed by the CITY, the CITY modifies or changes its Subdivision Control Ordinances then from and after the fifth anniversary date of the date that this Agreement is executed by the CITY. the CITY'S Subdivision Control Ordinances as then in effect will apply to all portions of the TERRITORY for which neither a preliminary plat of subdivision nor a final plat of subdivision has been filed with CITY. In the event of a conflict between any applicable CITY ordinance, rule or regulation and the Preliminary Plan and engineering attached hereto as EXHIBIT AG@ (or any final plats and final engineering in substantial conformance with such exhibits) or the terms of the Agreement, the terms of the Agreement and the aforesaid approved Preliminary Plan and engineering (and any final plats and final engineering in substantial conformance Doc:58228/2 -6- therewith) shall control and prevail. 3. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the TERRITORY may occur in stages or units (sometimes referred to herein as APhases@) over a period of time. Accordingly, the CITY grants permission to OWNER to stage the development over a period of twenty(20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8(2002). The CITY shall not require engineering to be submitted for any Phase of the TERRITORY, that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER; provided, however, the City can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 4. SECURITY. A. In satisfaction of any bonds or deposits required to guarantee construction or performance under applicable CITY ordinances or regulations,OWNER,at its election,may furnish to the CITY a subdivision bond as provided by the Statutes, an irrevocable letter of credit or other security acceptable to the CITY(such subdivision bond,irrevocable letter of credit or other security acceptable to the CITY,as elected by OWNER,is hereinafter referred to as ASecurity@), in a form approved by the CITY and issued by a sound and reputable banking, bonding or financial institution authorized to do business in the State of Illinois with the amount of Security to be Doc:58228/2 -7- posted pursuant to CITY Ordinance or as specified herein if provided otherwise. B. Except as otherwise provided in this Agreement, it is understood that the Security shall apply only to those public improvements for which security is required by the CITY=S Subdivision Control Ordinance that is in effect at the time the CITY executes this Agreement. It is further agreed that a separate OWNER of any Parcel or Phase of the TERRITORY shall not be required to post Security for any improvement work to be performed on another OWNER=S Parcel or Phase of the TERRITORY. C. The CITY agrees to review final plats of subdivision along with the accompanying engineering plans, and if the same are acceptable, the CITY shall execute the plat of subdivision when OWNER delivers the Security to the CITY, which can be within one (1) year from the date of said conditional approval. The CITY shall not require the posting of Security for the construction on the TERRITORY of private improvements(such as private storm water management facilities) but if, for a given Phase of development within the TERRITORY, the CITY determines that such private improvements have not been adequately completed or properly constructed, the CITY shall have the right, with respect to such Phase of development, to withhold the issuance of building permits and certificates of occupancy until such improvements have been completed or until necessary corrections to such improvements have been made to the reasonable satisfaction of the CITY. Notwithstanding the foregoing, if the OWNER posts Security with the CITY in the amount of one hundred fivcten percent(105%110%) of the amount estimated by OWNER and approved by the CITY, to be needed to complete such private improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or Doc:58228/2 -8- certificates of occupancy. D. The Security shall constitute a guarantee that all the public improvements required in a Phase will be constructed by OWNER pursuant to this Agreement and the current applicable CITY ordinances, and shall be completed (except the final course of asphalt, public sidewalks and public parkway trees which will be installed by the developers of each Phasc) within a period of time not to exceed two (2) years from the final plat approval for each Phase of the TERRITORY (any extension of time of the foregoing two (2) year period will be mutually agreed upon by OWNER and the CITY in writing), and that should OWNER fail or default in the completion of such obligation within the permitted time, then the CITY may use the Security to the extent necessary to complete or repair any and all of the improvements secured thereby. E. OWNER shall be relieved of all continuing responsibility under a Security provided pursuant to this Section 4 once the CITY has accepted all public improvements required to be constructed with respect to a given Phase of the development of the TERRITORY, all warranty work for such Phase, if any, has been performed by OWNER and approved by the CITY, and all warranties of OWNER hereunder have lapsed; provided, however, that upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Security shall be promptly reduced in an amount proportional to the work then completed, as determined by the CITY. Notwithstanding the foregoing, the CITY shall be entitled to retain a portion (not to exceed fifteen [15%] percent) of the Security posted for a Phase as security for the OWNER=S performance of any warranty work required hereunder for such Doc:58228/2 -9- Phase, and to use said portion of the security to perform such warranty work for such Phase in the event that the OWNER fails to do so as set out in the terms of the current CITY Ordinance so long as said Ordinance is generally applied to all property within the CITY. Upon the expiration of the OWNER=S one (1) year warranty obligation hereunder per Phase, the CITY shall promptly release any remaining retained amounts under the relevant Security for such Phase. 5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND FUNDING MECHANISMS. A. The CITY represents and warrants to OWNER that the CITY=S potable water, fire flow and water storage facilities will have sufficient capacity to adequately serve the needs of the OWNER and occupants of the TERRITORY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall work with OWNER to acquire adequate sanitary sewer treatment capacity for uses within the TERRITORY as developed pursuant to this Agreement. Additionally, the CITY shall also assist OWNER in providing adequate means of delivery of such sanitary sewer capacity to the TERRITORY, subject, however, to the requirements of the Yorkville Bristol Sanitary District which has jurisdiction or authority over such capacity. The CITY shall use its best efforts to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5B arising from its inability to obtain such approvals and permits; and the Doc:58228/2 -10- CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the TERRITORY. C. If at the time OWNER proposes to develop any portion or Phase of the TERRITORY, either the Yorkville Bristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the TERRITORY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant, it is agreed that the CITY shall: (i) not object to any plan proposed by OWNER to handle the waste water treatment requirements of that portion or Phase of the TERRITORY being developed, which plan may include, without limitation, a land application system or common septic to handle the aforementioned waste water treatment requirements; and/or (ii) support a Facilities Planning Area amendment to permit the Fox Metro Water Reclamation District to serve that portion or Phase of the TERRITORY then being developed or the balance of the TERRITORY that is not then presently served or can be served by the Yorkville Bristol Sanitory District. No individual septic systems shall be permitted in the residential portion of the subdivision. D. The CITY represents and warrants to OWNER that there is no administrative,judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party=s right to use the sanitary sewer once the current on-going Yorkville-Bristol Sanitary District plant expansion is completed. E. The CITY represents and warrants to OWNER that OWNER shall not become liable to the CITY or any other party for recapture upon the annexation and/or Doc:58228/2 -11- development of the TERRITORY for any existing sewer or water lines or storm water lines and /or storage facilities that may serve the TERRITORY; provided, however, subject to the terms of this Agreement, OWNER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing,the method for financing water and sanitary sewer extensions to the TERRITORY has not been determined, nor is being waived by the CITY and OWNER shall not object to such financing provided such financing does not result in any cost or expense to OWNER, other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. F. The CITY agrees that if requested by OWNER, the CITY shall cooperate with OWNER in the establishment of a funding mechanism (including, without limitation, sales tax rebates or creation of a Special Service Area or other private funding mechanism for the purpose of financing all public improvements off-site to the TERRITORY or any part or parts or Phase or Phases thereof then owned by the requesting OWNER, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other off-site public improvements. Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Tax Service Area, or(ii)to permit sales tax rebates, and (iii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy as established by City Resolution #2002-04, which is attached hereto and incorporated herein Doc:58228/2 -12- by reference. The CITY also agrees to support and cooperate (including the use of the CITY'S powers of condemnation and/or eminent domain) with the OWNER to obtain access to U.S. Route 47 and/or Baseline, with applicable government agencies. 6. EASEMENTS AND APPROVALS. OWNER shall obtain all easements, governmental approvals and permissions necessary or convenient for the construction of the offsite improvements necessary for development on the TERRITORY and the CITY agrees that, at OWNER=S request, the CITY shall exercise its power of eminent domain and/or condemnation in order to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by OWNER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of OWNER. The CITY shall not be obligated to incur any acquisition cost not approved by OWNER. OWNER shall convey to the CITY such reasonable on-site and off-site (which may require the use of the CITY of its condemnation or eminent domain powers) easements as may be necessary for the construction and existence of the public improvements required or contemplated under this Agreement. All easement agreements shall be prepared by the party responsible for obtaining the easement in question and approved by the CITY prior to execution by OWNER or the CITY, as appropriate. 7. CONNECTION TO CITY SERVICES,FEES AND ABSENCE OF SPECIAL SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT FOR THE TERRITORY. Doc:58228/2 -13- A. OWNER, subject to the terms of this Agreement,shall install within the Phase being developed the necessary sewer and water extension mains to serve those portions or Phases of the TERRITORY then being developed in conformity with the final engineering plans approved by the CITY=S engineering staff and/or the Yorkville Bristol Sanitary District, as applicable. OWNER shall be responsible for paying to the CITY tap-on/connection fees pursuant to CITY Ordinance, and as amended from time to time; as is generally applicable throughout the CITY; provided, however, if the OWNER is using a land application system and/or common septic system to handle the sanitary sewer needs of the Phase, no tap- on/connection fees will be due or payable to the CITY unless and until there is a connection for that Phase to CITY sewer lines or pipes. B. The parties hereto agree that any water and sewer connection (which shall not be applicable if the OWNER is using a land application or common septic system that is not connected to CITY sewer lines or mains) fees due under the CITY=S ordinances as well as any other fees or charges incident to the connection to or use of CITY sewer and water mains shall be paid when building permits are issued for each individual building constructed on the TERRITORY except that said tap-on fees for model homes shall be paid at the time the actual connection is made for such model homes. If OWNER contributes to the construction of new water facilities or contributes to the construction of the expansion of existing water facilities that serve any portion or Phases of the TERRITORY and/or other property, the CITY agrees to waive any and all water connection fees applicable to the portion or Phase of the TERRITORY (or all thereof) served by the water facilities up to the amount (which will include interest at a reasonable Doc:58228/2 -14- rate as is determined by the CITY at the time of the request, accrued from the date such construction was completed) contributed by OWNER towards construction of the new water facilities or construction of the expansion of existing water facilities. Notwithstanding any other term or provision in this Agreement to the contrary, the foregoing waiver of connection fees shall only inure to the benefit of the OWNER that contributes to the aforesaid construction unless such OWNER specifically assigns its rights thereto in a written assignment and notifies the City of such assignment (which may be a partial assignment). C. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance, are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the Territory, the CITY will provide OWNER with notice thereof and OWNER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. OWNER=s right to prepay will apply to all fees or only certain fees applicable to the TERRITORY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the TERRITORY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may estimate the number of residential units and pay such fees based on such estimated number of units Doc:58228/2 -15- or may prepay for only a certain number (determined by OWNER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. D. The CITY represents and warrants to OWNER that no part of the TERRITORY is currently subject to nor is there pending any request to subject any part of the TERRITORY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the TERRITORY; other then charges to existing drainage districts of record; if any. 8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS. A. The CITY, once it has had the opportunity to:(i)inspect and fully confilln that the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and current ordinances; and (ii) approve all such public improvements, all in accordance with Subsection 8B below, shall accept their dedication subject to OWNER=s warranty, as described herein, and shall thereafter, at the CITY=s sole cost and expense, operate, maintain, repair, and replace all such public improvements located therein. OWNER warrants that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one (1) year after acceptance thereof by the CITY, ordinary maintenance, wear and tear and damage by others excepted. B. Within thirty(30)calendar days after: (i) receipt of notice from OWNER that certain of the public improvements and facilities within a Phase of the TERRITORY under development have been completed, and (ii) delivery to the CITY of all required Doc:58228/2 —16- documentation, the CITY shall inspect said improvements and indicate, in writing, either its approval or disapproval of the same. If such improvements are not approved, the reasons therefor shall, within said thirty (30) calendar day period, be set forth in a written notice delivered to OWNER. Said reasons shall relate to defects in labor and materials and the clearing of manholes and catch basins only and not to items in the nature of general and ordinary maintenance or changes in standards. Upon OWNER=s corrections of the items set forth in said notice, the CITY, at OWNER=s request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements in writing within ten (10) working days (subject to reasonable delays caused by Acts of God,or force maluere) of receipt of OWNER=s notice requesting said re-inspection. As public improvements are partially completed and paid for by OWNER, the Security deposited by OWNER with the CITY shall, if requested by OWNER, be proportionately reduced or released on an individual improvement-by-improvement basis. C. OWNER shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNER has provided adequate road access (i.e., binder course of paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All offsite and onsite improvements (except final lift of bituminous asphalt surface on roads and except sidewalks and/or landscaping if weather, labor strikes, plant closings or any other condition or circumstance beyond OWN ER=S control prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall be installed by Doc:58228/2 -17- OWNER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, and the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each Phase progresses. D. All completed public improvements constructed on, or in connection with the development of, the TERRITORY or any Parcel or Phase thereof following their inspection and approval by the CITY shall be conveyed by a bill of sale to, and accepted by, the CITY on an improvement-by-improvement basis within thirty(30) days of receipt of written request for acceptance submitted to the CITY by the OWNER. The CITY=S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or development-by-development basis (i.e., acceptance of public improvements in a particular Phase or unit of development of the TERRITORY shall not be contingent upon acceptance of public improvements in another Phase or unit of development, provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or unit of development, or if dependent on the public improvements in another Phase or unit of development, the public improvements on such other Phase or unit of development have been accepted by the CITY). E. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the TERRITORY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of Doc 58228/2 -18- the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3)the preliminary subdivision plat for the Phase upon which the improvements are being constructed has CITY; and (4) the IEPA and the sanitarydistrict that will serve the been approved by the TERRITORY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the are improvements beingconstructed. p The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNER undertakes development activities pursuant to the provisions of this Subsection 8C. 9. SIGNAGE. The CITY agrees that during the term of this Agreement OWNER shall be entitled to display two (2) doublefaced signs along Route 47 and two (2) doublefaced signs along Baseline Road. Each face of each sign may equal,but shall not exceed,one hundred twenty(120)square feet. It is agreed that any sign located anywhere on the TERRITORY at any time during the term of this Agreement that serves as an information,direction and/or advertisement sign for any Phase,Parcel or part of the TERRITORY shall not be deemed offsite signage even if such sign is located on a portion of the TERRITORY other than the portion described or referred to in the sign. The CITY agrees that Doc:58228/2 -19- neither the terms and provisions of the CITY=S current sign ordinance nor any amendment thereto shall be allowed to restrict OWNER=S display of the foregoing described signs. 10. ELECTRIC, GAS, TELEPHONES AND CABLE TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television,and telephone services to the TERRITORY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with OWNER to permit the extension of all such utilities along existing public right-of- ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the TERRITORY or any Parcel or Phase thereof. Upon OWNER=s written request, the CITY will exercise its powers of eminent domain, at OWNER=s expense, to obtain any necessary easements across privately owned property in order to permit road construction and/or the connection of water, sewer, storm sewer and utility lines to the existing or any extended terminus of such lines in order to permit the TERRITORY or any Parcel or Phase thereof to be served by such facilities. 11. INGRESS AND EGRESS. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including,without limitation,the approval of the Kendall County Department of Highways and/or the Illinois Department of Transportation(Al DOT@) for right-of-way connections to the TERRITORY or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNER shall dedicate to the CITY all necessary onsite right-of-ways, and construct all onsite public right-of-way improvements for the TERRITORY and all roadways as shown on the Site Plan. CITY and OWNER acknowledge that access to Parcel 3, the B3 zoned Doc-58228/2 -20- property is essential to development of the TERRITORY and the CITY agrees, at the request of OWNER to use the CITY'S power of eminent domain to acquire access to Illinois Route 47 as shown on the Preliminary Plan. Owner agrees to reimburse the CITY of the cost and expenses incurred by the CITY if the CITY is requested and so uses its powers of eminent domain to acquire access to the TERRITORY to Illinois Route 47. Further, the CITY agrees that if the property located between the TERRITORY and Illinois Route 47 is ever annexed to the CITY the CITY shall require from the owners thereof donation of access points in favor of the TERRITORY that the location is reasonably acceptable to the OWNER 12. ANNEXATION, SCHOOL PARK LAND/CASH FEES, LIBRARY DEVELOPMENT FEES, AND RECAPTURE AGREEMENTS. A. OWNER shall contribute to the Yorkville Community Unit School District 115 in accordance with the applicable CITY ordinances in effect at the date of recording each residential Final Plat as OWNER=S land/cash contribution requirements for the Yorkville Community Unit School District 115 and no land donation will be made to the Yorkville Community Unit School District 115. No land-cash fees shall be charged as to areas of the TERRITORY zoned B-3 pursuant to this Agreement. B. (i) Upon issuance of each residential dwelling unit building permit (whether single family, attached or detached) a school transition fee ("School Transition Fee") in the amount of $3,000.00 per individual dwelling unit shall be paid to Yorkville School District as a voluntary payment pursuant to this Doc 58228/2 -21- Agreement so long as said fee is generally applicable to all residential developments within the CITY as are approved by the CITY from the date of execution of this Agreement and forward, and provided such fee is not prohibited by any court order or statute. No portion of the TERRITORY shall be the subject of any increase in the School Transition Fee. (ii) CITY development fees shall be paid as per current CITY Ordinance provided such fees are applicable to all development in the CITY. OWNER shall receive a credit against any development fees for all monies paid or advanced to the CITY for FPA expansion and interceptor sewer fees, charges, cost or expenses. C. The CITY acknowledges that except as specifically set forth in this Agreement, no annexation fees or any other impact fees, transition fees, land/cash donations, contributions, capital development donations or exactions of any kind are required in connection with the annexation and/or development of the TERRITORY or any Parcel or Phase thereof. Further, the CITY is not aware of recapture agreements between the CITY and any party that affect the TERRITORY. 13. PROFESSIONAL FEES. OWNER shall promptly pay all outside (excludes employees of the CITY) Sessional fees (without markup by the CITY) incurred by the CITY through the date the TERRITORY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, Doc:58228/2 -22- including professional fees for engineering and legal services, upon receipt of an invoice therefor from the CITY. All such fees shall be billed at fair and reasonable rates. 14. CITY ORDINANCES AND CODES. The CITY and OWNER acknowledge and agree that,except as otherwise specifically stated jn this Agreement(including,without limitation Section 2 hereof),all CITY ordinances,codes,regulations and resolutions, as amended from time to time, shall apply to the development of the TERRITORY as contemplated under this Agreement. Notwithstanding any of the terms or provisions in this Agreement,however,no change,modification or enactment of any ordinance,code or regulation shall be applied during the term of this Agreement without OWNER'S consent so as to: (i)affect the zoning classification of the TERRITORY or any Parcel or Phase thereof, (ii) affect the CITY=S Bulk Regulations, including, but not limited to, setback, yard, height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in Section 2 of this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the TERRITORY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions of Section 2 hereof or other terms and provisions of this Agreement, OWNER shall comply in all respects with the conditions and requirements of all ordinances of the CITY applicable to the TERRITORY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the date of this Agreement, provided, however, notwithstanding any other provision of this Agreement, including the provisions of Section 2 hereof, if there are ordinances, resolutions, regulations, or codes or Doc:58228/2 -23- changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the TERRITORY and any Parcel or Phase thereof. OWNER and all developers of the TERRITORY or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s)to the CITY=S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY=S current codes in effect as of the effective date of this Agreement as long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the TERRITORY or any Parcel or Phase thereof. he event of any conflict between the provisions of this Agreement and the exhibits thereto, and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement and the exhibits hereto shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 15. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which OWNER, or its duly authorized representative, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen(14)calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development of the Phase of the Doc:58228/2 -24- TERRITORY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. B. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNER, and its duly authorized representative, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the TERRITORY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER= sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners, users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 16. RECAPTURE AND BENEFITTED PROPERTIES. If: (a) sewer and/or water lines installed in any Phase of the TERRITORY by ER are sized to a capacity to serve properties other than OWNER=S; (b) the construction and installation of any water and/or sewer connections and extensions will benefit any property lying Doc:58228/2 -25- outside the applicable Phase of the TERRITORY; (c) in order to improve the TERRITORY or any portion thereof, OWNER is required to expend funds to construct or enlarge the wastewater facilities, water facilities and/or storm water facilities (i.e., storm water sewers, collection and conveyance improvements, and detention ponds)which facilities will benefit any property lying outside of the applicable Phase and which is not owned by OWNER installing same, (the foregoing (a), (b) and (c) are hereinafter collectively referred to in this Section 16 as Acapacity@); or (d) any of the road improvements will benefit any property lying outside of the Phase of TERRITORY in which the road improvements are installed; the costs and expenses of any capacity above and beyond the capacity needed by OWNER and the cost and expense of the road improvements relative to that portion of the road improvements that will benefit the other property lying outside the Phase in which the road improvements are installed shall be subject to recapture if connection thereto is made by any other party. The CITY agrees, pursuant to Chapter 65, Sections 5/9-5-1 of Illinois Compiled Statutes (2002), and the terms and provisions of a boundary agreement between Kane County, Illinois and the CITY if such provisions are applicable, to execute a recapture agreement contract with OWNER by which the CITY agrees to reimburse OWNER from amounts collected from benefitted property owners for that portion of the cost of such capacity and/or road improvements which will benefit other properties and to hold hearings on such contract as are required by statute. The recapture agreement shall provide for reimbursement from such other parties connecting to such capacity and/or benefitting from such road improvements on a prorata basis. Each person using such capacity and/or benefitting from such road improvements shall pay to OWNER the cost for that portion Doc:58228/2 -26- used and/or that will benefit such other owners together with interest at a reasonable rate as determined at the time a recapture agreement is sought on such portion with such interest to accrue commencing on the date of acceptance by the applicable governmental authority of such capacity and/or road improvements and continuing until OWNER has been repaid for such portion. Any recapture agreement shall include customary provisions for the repayment to OWNER of all costs and expenses, including, without limitation, administration fees and approved reasonable interest rate thereon of constructing and installing such capacity and/or road improvements. The CITY agrees to hold all public hearings necessary to bind the other parties using the capacity and/or benefitting from the road improvements to the recapture agreement benefitting OWNER. Both the area benefitted by the capacity and/or road improvements and the amount of said benefit for each property shall be determined by the CITY. Such recapture agreement contract shall be for a term of twenty (20) years and shall also provide that the CITY shall collect such costs of the capacity used by other owners and/or the costs of road improvements, together with all costs, expenses, interest and administrative fees charged to the owner of such property outside the Phase or portion of the TERRITORY (which may include the entire TERRITORY) upon which the capacity or road improvements have been installed upon the first to occur of the time of platting, development or issuance of a building permit for such owners= properties or the connection to and use of the said capacity and/or road improvements by the respective properties of each owner. The CITY agrees not to issue building permits to a benefitted owner of property until such property=s recapture amount and interest have been paid in full. The CITY shall have no liability under the recapture Doc:58228/2 -27- agreement contract except for amounts collected from benefitted property owners or if the CITY issues building permits without obtaining collected funds from such property owners for their recapture amounts due under the recapture agreement contract. 17. CERTIFICATES OF OCCUPANCY AND MODELS. A. The CITY shall not be obligated to issue a certificate of occupancy for any ding constructed within the TERRITORY until the entire building for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers (which may include connection to sewer facilities described in Section 5 C of this Agreement), storm sewers, water mains, public streets, natural gas lines, and electric utilities, and is in conformance with the CITY=S Building Codes. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the TERRITORY or any Parcel or Phase thereof within ten (10)working days after proper application therefor or within ten (10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant=s compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection 17A. The Doc 58228/2 -28- foregoing, however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. -- - - -- - ! A, A ' e e --- — - - Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last Phase of development on the TERRITORY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable Phase of the TERRITORY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the drive way and or side walk paving or grading improvements posts Security with the CITY in the amount of one hundred fiveten percent (105%110%) of the Doc 58228/2 -29- amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to have installed street lights within a given Phase of development on the TERRITORY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the TERRITORY. B. The CITY agrees to allow OWNER to construct and use a model unit for each type of housing product being constructed in the particular development Phase after a final plat of subdivision for a Phase has been approved and recorded for all or any portion of the TERRITORY. OWNER and each builder or developer to whom OWNER sells a portion of the TERRITORY shall be permitted to apply for and shall receive one (1) temporary certificate of occupancy for each different type or design of model building which they may respectively construct within the TERRITORY, provided, however, that no such temporary certificate of occupancy shall be issued unless the model building at issue otherwise complies with the CITY=S building codes and related codes, and, in the reasonable opinion of the CITY building department, is suitable for nonresidential occupancy. The CITY agrees to permit in the model home area temporary fencing, lighting, signage, parking lots and promotional structures. Each developer shall submit to the CITY for its approval plans and specifications for the model homes that the developer seeks to construct within a model home site. The CITY shall review and approve or Doc:58228/2 -30- disapprove, by written notice, those plans and specifications within thirty(30) days of their submission. Failure to provide such notice shall be conclusively deemed approval of such plans and specifications. Once those plans and specifications have been approved by the CITY, the CITY shall issue building permits for the construction of such model homes. Said model dwelling homes need not be connected to sewer (which includes a land application or common septic system) and water until they are occupied as residences, as long as temporary sanitary facilities (i.e., septic fields or holding tanks)are made available at the builders= cost, to serve said model dwelling units. If the model homes otherwise comply with the building codes and requirements existing as of the time such homes are constructed (which codes and requirements may be current codes and requirements as specified in this Agreement), any more restrictive changes in such codes enacted prior to the time a request for issuance of final certificates of occupancy is submitted to the CITY shall not be applicable to such model homes. Before model homes are occupied as residences, they shall be connected to sewer and water facilities and all other utility services offered to homes in the Phase of development of the TERRITORY that contains such model homes. The CITY also agrees to allow OWNER to construct and use a temporary sales office and a construction trailer per development Phase. The temporary sales trailer shall be removed at such time as the model units being served by said temporary sales office are available for residential use. The aforesaid temporary use permits shall be issued upon the CITY=S approval of each final plat of subdivision for each Phase of Parcel 1. 18. DISPLAY PURPOSES. Doc:58228/2 -31- The CITY agrees to allow OWNER to open for display purposes the model units prior to connection to sanitary sewer and water subject to OWNER obtaining approval of the CITY for temporary water and sanitary sewer services or alternate means of satisfying said lack of available utilities at the model home area being developed. 19. TEMPORARY PARKING. The CITY agrees to allow OWNER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the TERRITORY upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY=S building codes. 20. FEMA LETTERS OF MAP REVISION. The CITY shall cooperate with OWNER in securing conditional and final letters of map revision from the Federal Emergency Management Agency so that the limits of floodplain existing on the TERRITORY, if any, are accurately delineated. The CITY acknowledges and agrees that the issuance of such letters shall not be a condition precedent to the commencement of grading, construction or development activities on the TERRITORY and OWNER shall have the right to proceed with such activities, at their risk, prior to the issuance of such letters provided: (i) no work is undertaken in the regulatory floodway; (ii) the party seeking to undertake such work first establishes, to the satisfaction of the CITY, the boundaries of the floodplain on the portion of the TERRITORY upon which said work is to be undertaken; (iii) the party undertaking such work provides one hundred percent (100%) compensatory storage for any portion of the floodplain it fills; (iv) no Doc:58228/2 -32- dwelling unit lot situated in the floodplain that is awaiting issuance of a letter of map revision is conveyed to any third party purchaser until such letter of map revision is issued by FEMA; and (v) the party seeking to undertake the work issues a hold harmless indemnification letter to the CITY in a format acceptable to the CITY. If FEMA or another governmental agency other than the City or its divisions issues a stop work order on a portion of the TERRITORY that is awaiting issuance of a letter of map revision, the CITY shall not be deemed in default under the provisions of this Agreement and the party seeking to undertake work on such portion of the TERRITORY shall stop such work until such stop work order is rescinded or declared invalid. Such party shall not be required to stop work on portions of the TERRITORY that are not within the floodplain, notwithstanding the issuance of such stop work order. {PAY SHARE OF COSTS OF FLOOD STUDY DONE BY EEI 21. TRANSFER. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the TERRITORY or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the TERRITORY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any Doc 58228/2 -33- security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the TERRITORY, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Section 21 , the indemnity, defense and hold harmless provisions of Subsections 8E and Section 20 shall be the obligation of the specific owner and/or owners of that portion of the TERRITORY upon which such work and/or utility installation is occurring. 22. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the TERRITORY or any Phase thereof. 23. GOVERNING LAW; ENFORCEMENT; REMEDIES. A. The laws of the State of Illinois shall govern the validity, performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement, or to secure any and all Doc:58228/2 -34- other remedies available at law or in equity in connection with the covenants, agreements, conditions, and obligations contained herein. B. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty(30) days after notice of said breach to correct the same prior to the non-breaching party=s seeking of any remedy provided for herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty(30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty(30)days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. C. In the event the performance of any covenant to be performed hereunder by either OWNER or the CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case), the time for such performance shall be extended by the amount of time of such delay. D. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party=s right thereafter to enforce any such term, covenant, Doc:58228/2 -35- agreement, or condition, but the same shall continue in full force and effect. 24. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them, other than as are herein set forth. B. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them or their successor in interest or their assigns. 25. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of, and be valid and binding upon, OWNER and the CITY, their respective successors and assigns, and all builders and developers of any portion, Phase or Parcel of the TERRITORY, and is further intended to be binding upon and inure to the benefit of each successive lot owner of the various lots of record created by the approval and recording of final plats. It is agreed that the term AOWNER@ shall be deemed to include any successor or assign of the current OWNER and any subsequent OWNER. 26. SEVERABILITY. Should any provision of this Agreement, or application thereof to any party or circumstance, be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or Doc:58228/2 -36- provision, then all remaining provisions shall remain in full force and effect. 27. TIME. Time is of the essence of this Agreement, the terms hereof and all documents, agreements and contracts pursuant hereto. 28. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty (20) years from passage by City Council. 29. NOTICE. All notices, elections, and other communications between the parties hereto shall be in writing and shall be mailed or delivered personally or by overnight courier or messenger service (i.e., Federal Express, UPS, etc.) or by facsimile transmission to the parties at the following addresses, or at such other address as the parties may, by notice, designate: If to the CITY: Anton Graff City Administrator City of Yorkville 800 Game Farm Rd. Yorkville, Illinois 60560 Fax No. (630) 553-7575 With a copy to: Daniel J. Kramer, Esquire 1107A South Bridge Street Yorkville, Ill. 60560 Fax No. (630) 553-5764 If to OWNER: IRED Development Ventures Inc.Baseline, L.L.C., an Illinois limited liability company Attn: Matthew Fiascone Doc:58228/2 -37- 2901 Butterfield Road Oak Brook, Illinois 60523 Fax No. (630) 954-5673 With a copy to: H. Dan Bauer Esquire Vice President and Senior Counsel The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 Fax No. (630) 218-4900 Notices shall be deemed received on the day of delivery if personally delivered, the day after deposit with an overnight courier or messenger service and on the day of facsimile transmission provided such transmission is completed by 5:00 p.m. and if not completed by 5:00 p.m., then such notice will be deemed received on the next succeeding business day. Notice to a party=s attorney will be deemed notice to such party and notice from a party=s attorney will be deemed notice from such party. 30. CURRENT USES AND APPLICATION OF CITY TAXES. It is understood and agreed between the parties hereto that the TERRITORY and each Phase and Parcel may continue to be used and occupied (without any change or alteration) for the current uses of the existing OWNER of the TERRITORY and/or as are permitted in the zoning classifications set forth in Section 2 hereof. All current uses of the TERRITORY that are not permitted under the zoning classifications specified in Section 2 hereof shall be considered legal, nonconforming uses. It is further agreed by the CITY that the CITY will rebate the CITY portion of real estate taxes to the TERRITORY until the first to occur of the approval of a Final Plat of subdivision for the TERRITORY or any Parcel or Phase thereof or five (5) years after the date the annexation ordinance for the Doc 58228/2 -38- TERRITORY is recorded with the Kendall County Recorder=s Office. 3 SUBSEQUENT AMENDMENTS. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision/PUD or any development of the TERRITORY may be obtained for all or any Phase of the TERRITORY without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the TERRITORY not included in the aforedescribed actions. Any subsequent zoning, building, development or platting requests may be processed by the CITY without requiring an amendment of this Agreement or the consent or signature of any other OWNER hereunder or any transferee of OWNER of any portion or Phase of the TERRITORY not included in the aforedescribed actions. 32. COVENANTS RUNNING WITH THE LAND. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of court pursuant to its provisions and the applicable Statutes of the State of Illinois. 33. FUTURE APPROVALS AND COOPERATION. To the extent that OWNER requires future approvals from the CITY or its staff in connection with the development of the TERRITORY or any Phase or Parcel Doc:58228/2 -39- thereof, the CITY shall not unreasonably withhold or delay such approval, nor require a public hearing in connection therewith, except as may be specifically required by applicable Illinois law or CITY current ordinances. OWNER and the CITY shall cooperate with one another on an ongoing basis and make every reasonable effort (including, with respect to the CITY, the calling of special meetings, the holding of additional public hearings and the adoption of such ordinances as may be necessary) to further the implementation of the provisions of this Agreement and the intention of the parties as reflected by the provisions of this Agreement. The foregoing obligation on the part of the CITY shall extend to assisting OWNER in the procurement of offsite easements and rights of access for purposes of constructing the necessary utility and roadway improvements and such assistance shall include the CITY=S exercise of its power of eminent domain. 34. POSTANNEXATION CITY ACTIONS. Following the annexation of the TERRITORY to the CITY and its zoning as set forth herein, the Corporate Authorities shall: (i) record with the Kendall County Recorder=s Office and file with the Kendall County Clerk=s Office the annexation plat and ordinance, record with the Kendall County Recorder=s Office the zoning ordinances enacted by the CITY for the TERRITORY, if required by State Statute, and shall give notice of such annexation to the applicable election authorities and to the post office branches serving the TERRITORY, as required by Section 7/11 (7/1.1) of the Illinois Municipal Code, as amended; (ii) use its best efforts to establish in conjunction with the U.S. Postal Service a Yorkville mailingaddress for all portions of the TERRITORY or otherwise take all actions to insure that all future owners and occupants of dwelling units constructed on the TERRITORY have a Yorkville Doc:58228/2 -40- mailing address; and (iii)within one (1) year of the effective date of this Agreement, amend and update its Comprehensive Plan to reflect the zoning, use and development of the TERRITORY as contemplated by the provisions of this Agreement. 35. CURRENT. The term "current" shall refer to those codes and ordinances in existence as of date that this Agreement is executed by the CITY. The CITY agrees to execute this Agreement within fifteen (15) business days after the CITY Council votes to accept the terms and provisions of this Agreement. 36. TERMINATION OF AGREEMENT DUE TO FAILURE OF CONTIGUITY. If the TERRITORY does not become contagiouscontiguous to the CITY within five (5) years from the date of this AGREEMENT, the OWNER shall be entitled to terminate the terms and provisions of this AGREEMENT by notifying CITY in writing of such termination and unless the TERRITORY becomes contagiouscontiquous to the municipal limits of the CITY within 30 days after receipt of such notice by the CITY, this AGREEMENT shall become null and void and of no further force and effect relative to the TERRITORY. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, IRED DEVELOPMENT VENTURESBASELINE, INGLL.C, an Doc:58228/2 -41- Illinois limited a municipal corporation an Illinois corporation liability company By: By: Its: Mayor Its: Attest: Attest: By: By: Its: City Clerk Its: STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that and , personally known to me to be PRESIDENT and CITY CLERK, respectively, of the CITY OF YORKVILLE and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and City Clerk of said City appeared before me this day in person and acknowledged that they signed and delivered the said instrument pursuant to the authority given by the President of said City as their free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purposed therein set forth. GIVEN under my hand and notarial seal this day of , 2002. Notary Public My commission expires: STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, the undersigned, a Notary Public, in and for the county and state aforesaid, DO HEREBY CERTIFY that Matthew G. Fiascone, personally known tome to be the President of IRED Development VenturesBaseline, IncL.L.C., an Illinois corporationlimited liability Doc:58228/2 -42- company,_ and Anthony A. Casaccio, personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument, pursuant to the authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 2003. Notary Public My commission expires: EXHIBIT "A" Legal Description Docss228/2 -43- EXHIBIT "B" Plat of Annexation Doc:58228/2 -44- EXHIBIT "C" Site Plan Doc:58228/2 -45- EXHIBIT "D" Parcel 1 to be zoned R-2 Doc:58228/2 -46- EXHIBIT "E" Parcel 2 to be zoned R-3 Doc:58228/2 -47- EXHIBIT "F" Parcel 3 to be zoned B-3 Doc:58228/2 -48- EXHIBIT "G" Preliminary Plan Doc:58228/2 -49- EXHIBIT "H" Current City Zoning Ordinance Doc:58228/2 -50- EXHIBIT "I" Current City Subdivision Control Ordinance Doc:58228/2 -51- THE UNITED CITY OF YORKVILLE RESOLUTION NO: RESOLUTION AMENDING THE UNITED CITY OF YORKVILLE RESOLUTION NO. 99-25 THE UNITED CITY OF YORKVILLE FACADE IMPROVEMENTS AND HISTORIC PRESERVATION PROGRAM WHEREAS, the City is desirous of continuing to stimulate commercial growth in order to increase employment opportunities in the City, to prevent decline in economic conditions in the City and to enhance the tax base and sales tax revenues of the City; and WHEREAS, the City has identified that all commercial, business and or residential buildings built before 1940 or exhibiting unique architectural significance, within city limits, shall be eligible for a grant in order to encourage property owners to restore the building to its original architectural integrity; and WHEREAS, the aforementioned grant shall be awarded on a priority basis, with the highest priority being the downtown business district; second priority being property that face arterial roadways as identified in the United City of Yorkville Comprehensive Plan; and thirdly, the remainder of city properties. WHEREAS, business owners, merchants and owners of buildings within the boundaries of the City have exhibited their desire to improve the appearance of their buildings by repairing, painting, cleaning and doing other sundry renovations as part of an overall historical renovation, and not simply routine maintenance or remodeling, including restoring windows to their original size, removing false fronts and adding awnings when appropriate; and WHEREAS, the City has established a Review Committee, to provide guidance for such improvements and to ascertain which improvements best implement the City's efforts to improve economic condition within the defined area; and WHEREAS, the City agrees to set aside a certain amount of money annually to be used as a grant or grants, to be administered and awarded by the Review Committee, to business owners, merchants and owners of other buildings within the City who are engaged in improving their building's exterior appearance and facades, which are defined as the exterior of the building including both front and back, and have spent, or guarantee that they will spend, at least $1,000 on said improvements within one fiscal year; and NOW THEREFORE, be it and it is hereby resolved as follows: 1. That the above recitals shall be incorporated in to the currant Facade Improvement and Historic Preservation Program and in all other respects said Resolution number 99-25 shall be republished and ratified except to the extent amended herein. 2. That this Resolution shall take effect immediately upon its passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 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 St. Yorkville, IL 60560 630.553.9500 MINUTES OF FRE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,MAY 4,2004. Mayor Prochaska called the meeting to order at 7:003 P.M and Brownie Troop 159 led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Munns Present(arrived at 7:40) 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 QUORUM A quorum was established. FOR THE SPECIFIC PURPOSE OF THE FISCAL 2004/2005 BUDGET Ordinance 2003-23 Fiscal 2004/2005 Budget A motion was made by Alderman Sticka to approve the Fiscal Budget 2004/2005 as dated April 27,2004;seconded by Alderman Kot. Alderwoman Spears distributed three handouts(see attached)and stated that she wanted to discuss what was allocated in the budget for travel and meals,public relations,contingency and merit increases. Alderwoman Spears stated that she did not believe that the amount for the merit increase was ever finalized and was to be readdressed. Mayor Prochaska stated that the Council discussed that the maximum total raise,consisting of a 1.8%cost of living(COLA)and a 3.2%merit increase,will be 5%. Alderwoman Spears stated that with the economy the way it currently is,she would be more comfortable a maximum total increase of 4%. Alderman Sticka stated that he did not recall that the Council was this was going to readdress the merit raise. He stated that the breakdown was explained and he thought that the Council was done with the discussion. Alderman James noted that even though 5%is being approved,that doesn't mean that employees will get the total 5%. Mayor Prochaska stated that the 5%is the maximum that any employee can receive and he thought 5%was budgeted last year and the budgeted amount wasn't hit. Finance Director Traci Pleckham stated that she believed 6%was budgeted last year. Alderman Kot noted that the COLA increase was across the board for all employees and the maximum merit is only 3.2%which he felt was reasonable. Mayor Prochaska also noted that the Police Department's contract allows for a 5%increase. Alderman Besco asked what percentage of employees reached the maximum increase last years. Mrs.Pleckham stated that only a few received full increases and most were under 5%. Alderwoman Spears pointed out that a 5%raise for someone getting paid$90,000.00/year is quite a bit versus 5%for someone getting paid$27,000.00/year. Mayor Prochaska stated that this has been an issue with salaries all along and that was the reasoning behind the merit increases. He stated that there are some other methods for salary increases that can be reviewed in the future. The consensus of the Council after Mayor Prochaska asked them if they were comfortable with the increase was to leave it at 5%. Alderwoman Spears next questioned$19,000.00 for Travel and Meals;$11,000.00 for Public Relations$11,000.00 and$120,523.00 for Contingency. Mayor Prochaska noted that this year's budget has a combined Contingency Fund for all the city's departments rather than each department having their own Contingency line item. He also noted that the City's contingency Fund is not overly high in comparison to the total budget. The Minutes of the Regular Meeting of the City Council—April 27,2004-page 2 Alderwoman Spears went over her handout of the summary of clothing expenses spent at Steven's Silk Screening and Embroidery from January 2003—September 2003. She noted the amounts spent by supervisors,elected offices and city staff. She stated that she did not find any discrepancies with the uniformed wearing staff;the Public Works Department or the Police Department. She stated that she is uncomfortable with this spending and noted that it did stop after she brought this up at three different meetings. Alderwoman Spears went over her handout of a summary of 2003/2004 Expenses;Luncheons, Dinners and Miscellaneous. She again stated that she was not comfortable spending taxpayer's money on appreciations luncheons such as the one that was given for the Special Census workers for$59.00. She noted that the census employees were getting paid to work and taxpayers should not have to give them an extra little treat. She stated that she knew she was going to be accused of"nickel and dimeing"these issues to death or that she is micro-managing however she felt it is justified. Alderwoman Spears also pointed out expenditures for a television from Sam's Club for the employees;an Aurora parking ticket;canoe racking;etc. She stated that she is not comfortable with the way the budget is set up.She stated that the staff has misspent taxpayer's money in the last year and she could not approve the budget with the way it is set up. Alderman Kot asked Alderwoman Spears if the Administration Committee had a recommendation as to how to change spending. She noted that it has not come to the Administration Committee yet however Alderwoman Burd had suggestions that may work with regards to donations. Alderman Kot asked if the budget came to the Administration Committee and Alderwoman Spears stated that it came through briefly and then it went straight to the Committee of the Whole(COW)for more open discussion.She felt that the open discussion did not occur at the COW meeting. Alderman Kot stated that he was disappointed that Alderwoman Spears,as Administration Committee Chairman,hadn't brought something forward earlier. Alderwoman Spears stated that this was to be discussed at the last COW meeting however it was not on the agenda. She also noted that she had trouble getting information for her research. Alderman Kot noted that at the public hearing for the budget that he was the only council member who commented on it. He stated that it is difficult to digest all the paperwork Alderwoman Spears provided at this time when the budget should have been passed a week ago. He stated that he did not feel it was very realistic to expect the Council to make numerous changes to the budget at this time. Alderwoman Spears again noted that she had difficulty getting information from staff which delayed her research. Alderman Kot noted that all the items she noted were on the bill list all year round. Alderwoman Spears stated that she did not have a problem delaying the approval of the budget another two weeks in order to give the Council time to review the information she provided. Alderwoman Spears and Alderman Kot had further discussion regarding the timing of Alderwoman Spears bringing information to the Council. Mayor Prochaska stated that it was fine that Alderwoman Spears pointed out the expenditures and he noted that he probably did not approve every single expenditure. He noted that the Council was aware of items such as the Appreciation Dinner which under the Contingency Fund. He stated that it could be said that the City should never have lunches,dinners,etc.;however some lunches are part of business.He stated that the total bill for lunches,dinner,the Illinois Municipal League conference,etc.is under$5,000.00 and he did not feel this was overly excessive when taking into consideration the amount of the total budget. He also noted that the City has lowered its tax rate and done great things with the water and sewer department without raising rates,etc. He agreed that there was never a policy made with regards to wearing apparel and the spending in this area has been stopped until a policy is in place. There was further discussion regarding if the wearing apparel was for staff or elected officials. Alderwoman Burd questioned if the Contingency Fund could be cut back and then added to later. Attorney Kramer stated that the budget can always be amended at a later date. He also noted that even though a budget is passed,it does not mean the funds have to be spent and he stated that a policy could be passed on how contingency funds are spent. Alderwoman Burd stated that gift spending was discussed at the Administration Committee meeting where Alderman James stated that the City should not be giving any gifts at all. She said she thought about this statement and felt that the City is government and it wasn't appropriate to dispense gifts to organizations. She suggested that the City develop a grant program where organizations that are doing good things for the City could apply for assistance. Those applying would have to meet certain criteria to qualify. She felt this would be a more fair and equitable use of money. Mayor Prochaska stated that this could be look at as a future policy however it would have to be carefully worded. Alderman James agreed that there needs to be a policy and this should be taken to the Administration Committee for further discussion. The Minutes of the Regular Meeting of the City Council—April 27.2004-page 3 City Treasurer William Powell commented that he agreed that there needs to be a limitation on how the Contingency Fund is used. He suggested that a fund balance process be developed so that if funds become tight the City can still operate effectively. He stated he liked the fact that the Contingency Fund is now in one lump sum and he would like to see the Contingency Fund grow. Mayor Prochaska gave direction to the staff that any expenditure out of the Contingency Fund has to go to the Mayor unless it is over$5,000.00 then it will have to be approved by the City Council. Alderwoman Spears suggested that temporarily any contingency expenses come to the Administration Committee for review. Mayor Prochaska stated that the expenditures should go to the Committee that applies to the expenditure for approval. Alderman Sticka stated that he did not feel that the procedure should be changed;the bill list reviewed and approved by the City Council every two weeks. He stated that he did not feel there has been blatant abuse on part of the staff. He also stated that things like appreciation dinners, trophies and awards are part of team building and having good moral. He stated that if this was a private business,the incentives would be profit makers because the City is meeting its goals and objectives. He stated that it is easy to say too much is being spent on small things when there are big things being accomplished. He noted that other aldermen worry about things also and pointed out that there is a developer coming before the Council later in the evening at the COW meeting with an annexation agreement and PUD Agreement. He stated that he read the paperwork and found that there was hundreds of thousands of dollars more that the City should be collecting. The developer contacted their attomeys and found that he was correct. He stated that he wasn't worried about small expenditures but instead looked at something that was worth his time. He stated that Alderwoman Spears was"picking on people for nickels and dimes". Alderwoman Spears disagreed with Alderman Sticka. Alderman Sticka and Alderwoman Spears had further discussion on spending. Alderman James asked what percentage the Contingency Fund was to the overall total budget and what is the standard. Treasurer Powell stated that 20%is standard. Finance Director Pleckham stated that the Contingency Fund was 1.13%of the total budget. Alderwoman Ohare called the question;seconded by Alderman Sticka. Motion to call the question approved by roll call vote. Ayes-5 Nays-4 Ohare-aye,Besco-nay,Burd-nay,James-aye,Kot-aye,Spears-nay, Sticka-aye,Munns-nay,Prochaska-aye Motion to approve the budget approved by roll call vote. Ayes-5 Nays-3 Sticka-aye,Besco-nay,Burd-nay,James-aye, Kot-aye,Munns-aye,Ohare-aye,Spears-nay ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman James;seconded by Alderwoman Ohare. Motion approved by a viva voce vote. Ayes-7 Nays-I Meeting adjourned at 7:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW FY 03/04 REVISED 5/19/04 INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AMOCO BP AMOCO OIL COMPANY 5902007656405 05/09/04 01 BP GAS BILL 0121065005812 04/30/04 3,215.17 INVOICE TOTAL: 3,215.17 VENDOR TOTAL: 3,215.17 ATT AT&T 042404 04/24/04 01 LONG DISTANCE 0111062005436 04/30/04 160.83 02 LONG DISTANCE 0121062005436 160.84 03 LONG DISTANCE 5100062005436 160.84 INVOICE TOTAL: 482.51 042504 04/25/04 01 LONG DISTANCE 0121062005436 04/30/04 11.87 02 LONGDISTANCE 0111062005436 11.87 03 LONG DISTANCE 5100062005436 11.87 INVOICE TOTAL: 35.61 VENDOR TOTAL: 518.12 AURTRI AURORA TRI STATE FIRE 020558 04/30/04 01 RECHARGE/ FIRE EXTINGUISHER PT 0121062005408 04/30/04 67.20 INVOICE TOTAL: 67.20 VENDOR TOTAL: 67.20 BANKONE CARDMEMBER SERVICES 050704 05/07/04 01 PD NASRO HELLAND REGISTRATION 0121064005604 04/30/04 350.00 02 PD ILEAS MEETING 0121064005605 170.77 03 PD LAP TOP EQUIPMENT FOR CHIEF 0121062005410 651.58 04 PD LAP TOP FOR CHIEF 2000078009009 1,566.13 05 PD MEALS/TRAVEL EXP TECH CLASS 0121064005605 271.09 INVOICE TOTAL: 3,009.57 VENDOR TOTAL: 3,009.57 BRENART BRENART EYE CLINIC DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BRENART BRENART EYE CLINIC 409817 04/27/04 01 EYE INJURY - JOE MOORE 5100065005800 04/30/04 45.00 INVOICE TOTAL: 45.00 409952 04/30/04 01 EYE INJURY - JOE MOORE 5100065005800 04/30/04 45.00 INVOICE TOTAL: 45.00 VENDOR TOTAL: 90.00 CBI CB&I 140284-03 04/30/04 01 CONT C.1 S. WATER STORAGE TANK 4100061005408 04/30/04 268,171.34 INVOICE TOTAL: 268,171.34 VENDOR TOTAL: 268,171.34 CENLIME CENTRAL LIMESTONE COMPANY, INC 436 04/30/04 01 CA-6 AND AGLIME A 0141065005817 00201886 04/30/04 473.72 INVOICE TOTAL: 473.72 VENDOR TOTAL: 473.72 CENTRALP CENTRAL PARTS WAREHOUSE 54660A 04/13/04 01 CHAIN SAW PROTECT. LEG/STIHL 0141075007004 00102105 04/30/04 146.85 INVOICE TOTAL: 146.85 VENDOR TOTAL: 146.85 COMDIR COMMUNICATIONS DIRECT INC 62358 04/26/04 02 NEW MAGLIGHT W/ CHARGER M-8 0121062005408 04/30/04 104.50 03 REAR WHELEN "SLIM LIGHTER"M-12 0121062005408 249.00 04 LABOR 0121062005408 110.00 05 DECK BULB M-8 0121062005408 25.00 INVOICE TOTAL: 488.50 VENDOR TOTAL: 488.50 COMED COMMONWEALTH EDISON DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 0662076002 04/29/04 01 STREET LIGHTS/VARIOUS LOCATION 0141062005435 00201888 04/30/04 1,781.57 INVOICE TOTAL: 1,781.57 0793671002 04/20/04 01 WELL PUMPING 5100062005435 00201888 04/30/04 7,527.47 INVOICE TOTAL: 7,527.47 1151159019 04/30/04 01 4600 N. BRIDGE STREET 0141062005435 00201888 04/30/04 24.46 INVOICE TOTAL: 24.46 1491138036 05/04/04 01 1908 RAINTREE ROAD 5100062005435 00201888 04/30/04 29.09 INVOICE TOTAL: 29.09 2808132114 05/03/04 01 7 COUNTRYSIDE PARKWAY 0141062005435 00201888 04/30/04 207.07 INVOICE TOTAL: 207.07 4438001000 04/22/04 01 STREET LIGHTS/VARIOUS LOCATION 0141062005435 00201888 04/30/04 1,420.08 INVOICE TOTAL: 1,420.08 5601054009 05/30/04 01 1 MCHUGH ROAD 0141062005435 00201888 04/30/04 76.43 INVOICE TOTAL: 76.43 6933026081 04/30/04 01 1 COUNTRYSIDE PARKWAY 0141062005435 00201888 04/30/04 242.98 INVOICE TOTAL: 242.98 VENDOR TOTAL: 11,309.15 CONDESGN CONSERVATION DESIGN FORUM 0003145 05/06/04 01 WESTBURY PROPERTY 0100013001372 04/30/04 187.50 INVOICE TOTAL: 187.50 VENDOR TOTAL: 187.50 DELAND DELANEY, DAVID 04-30-2004 04/30/04 01 DENTAL REIMBURSEMENT 0111050005205 04/30/04 130.00 INVOICE TOTAL: 130.00 VENDOR TOTAL: 130.00 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DIRT DIRT, INC. 1979 04/30/04 01 TWO LOADS PULVERIZED DIRT 5100065005804 04/30/04 168.00 INVOICE TOTAL: 168.00 VENDOR TOTAL: 168.00 EEI ENGINEERING ENTERPRISES, INC. 28776 04/30/04 01 IEPA PWS LOAN PROGRAM DOCUMEN 4100061005401 04/30/04 724.50 INVOICE TOTAL: 724.50 28777 04/30/04 01 C.2-MILL/VANEMMON FNSH H2OMAIN 4100075007504 04/30/04 599.76 INVOICE TOTAL: 599.76 28778 04/30/04 01 C.3 LIBERTY ST FINISH H2O MAIN 4100061005410 04/30/04 469.00 INVOICE TOTAL: 469.00 28779 04/30/04 01 C.2-MILL/VANEMMON FNSH H2OMAIN 4100061005410 04/30/04 1,126.00 INVOICE TOTAL: 1,126.00 28780 04/30/04 01 ROB ROY CREEK H&H STUDY 0115062005401 04/30/04 12,987.40 INVOICE TOTAL: 12,987.40 28781 04/30/04 01 WESTBURY VILLAGE(ENDESSER PROP 0100013001372 04/30/04 5,957.25 INVOICE TOTAL: 5,957.25 28782 04/30/04 01 RAINTREE VILLAGE (CONCORD HMS) 0100013001372 04/30/04 837.00 INVOICE TOTAL: 837.00 28783 04/30/04 01 GRANDE RESERVE (MPI) 0100013001372 04/30/04 4,387.50 INVOICE TOTAL: 4,387.50 28784 04/30/04 01 WHISPERING MEADOWS KIMBALLHH 0100013001372 04/30/04 804.75 INVOICE TOTAL: 804.75 28785 04/30/04 01 RUNGE PROPERTY - RTE 47 BSLINE 0100013001372 04/30/04 3,638.25 INVOICE TOTAL: 3,638.25 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES, INC. 28786 04/30/04 01 C.1- SOUTH WATER STORAGE TANK 4100061005410 04/30/04 1,238.00 INVOICE TOTAL: 1,238.00 28787 04/30/04 01 C.4 - SOUTH BP/PRV STATION 4100061005410 04/30/04 718.00 INVOICE TOTAL: 718.00 28788 04/30/04 01 CONTRACT C.6 - WELL 7 4100061005410 04/30/04 5,827.50 INVOICE TOTAL: 5,827.50 28789 04/30/04 01 C.7 - WELL 7 4100061005410 04/30/04 10,347.75 INVOICE TOTAL: 10,347.75 28790 04/30/04 01 CONTRACT El NE ELEVAT H2O TANK 0100013001372 04/30/04 4,670.00 INVOICE TOTAL: 4,670.00 28791 04/30/04 01 CONT E.2 WELL NO. 8 0100013001372 04/30/04 700.00 INVOICE TOTAL: 700.00 28792 04/30/04 01 E.3 - WELL 49 0100013001372 04/30/04 7,980.00 INVOICE TOTAL: 7,980.00 28793 04/30/04 01 E.4 WELLS 8 & 9 0100013001372 04/30/04 10,296.50 INVOICE TOTAL: 10,296.50 28794 04/30/04 01 CALEDONIA (INLAND REAL ESTATE) 0100013001372 04/30/04 3,222.00 INVOICE TOTAL: 3,222.00 28795 04/30/04 01 MILL ROAD (KENNEDY RD TO EAST) 0100013001372 04/30/04 28,113.53 INVOICE TOTAL: 28,113.53 28796 04/30/04 01 FOX RD WATER STYSTEM EXTEN ANA 0115062005401 04/30/04 382.50 INVOICE TOTAL: 382.50 28797 04/30/04 01 BLACKBERRRY CREEK RESTUDY 0115062005401 04/30/04 441.75 INVOICE TOTAL: 441.75 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES, INC. 28798 04/30/04 01 CENTEX HOMES - GALENA ROAD 0100013001372 04/30/04 129.00 INVOICE TOTAL: 129.00 28799 04/30/04 01 RAYMOND DRAINAGE DETENTION ANA 0115062005401 04/30/04 1,496.25 INVOICE TOTAL: 1,496.25 28802 04/30/04 01 SHALLOW WELL SITING ANALYSIS 4100061005401 04/30/04 540.00 INVOICE TOTAL: 540.00 VENDOR TOTAL: 107,634.19 ELAN ELAN FINANCIAL SERVICES 050404 05/04/04 01 EMPLOYEE APPRECIATION - JEWEL 0111064005607 04/30/04 89.87 02 REC AOL 0100013001372 23.90 03 REC YOGA SITE 0100013001372 201.41 04 IML SURVEY FEE 0111064005600 250.00 05 PD WSTN IL UNV CONVENT FEE 0121064005608 10.13 06 PD WSTRN ILLINOIS UNIVERSITY 0121064005608 431.25 07 PD AOL 0121062005436 23.90 08 REC GROUP TICKETS DEPOSIT 0100013001372 50.00 09 IGFOA MEMBERSHIP- FIN DIRECTOR 0111064005600 150.00 10 PD CPAA CONFERENCE 3 MEMBERS 0121064005606 307.05 11 PD CPAA CONFERENCE - LODGING 0121064005600 102.35 12 PD TRAVEL EXP- DELANEY SEMINAR 0121064005605 14.25 13 PD TRAVEL EXP- DELANEY SEMINAR 0121064005605 16.85 14 PD LODGING EXP-DELANEY SEMINAR 0121064005605 220.04 15 BFPC CONE LODGING PDCOMMISSION 0121064005605 308.60 16 GET WELL DHUSE 0111064005607 39.89 17 ENG SEMINAR LODGING EXPENSES 0115064005605 273.07 18 CLERKS POSTAGE 0111065005808 40.94 19 PD ILEAS MEETING 0121064005605 77.00 20 AMG/MAYORS LUNCH 4/30 0100013001372 163.10 21 PD E.T. SEMINAR - LODGING 0121064005605 590.20 22 4/30 AMG MAYORS LUNCHEON 0100013001372 51.23 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 1 INVOICE 4 INVOICE ITEM VENDOR # DATE ## DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ELAN ELAN FINANCIAL SERVICES 050404 05/04/04 23 POLICE RETURN - WIU 0121065005804 04/30/04 -72.40 INVOICE TOTAL: 3,362.63 VENDOR TOTAL: 3,362.63 FOXRIDGE FOX RIDGE STONE 4129 04/30/04 01 STONE FOR BACK FILL 5200065005817 00201885 04/30/04 81.72 INVOICE TOTAL: 81.72 VENDOR TOTAL: 81.72 GRAINCO GRAINCO FS. , INC. 438489 04/30/04 01 APRIL 2004 FUEL 0141065005812 00201881 04/30/04 391.99 INVOICE TOTAL: 391.99 VENDOR TOTAL: 391.99 GULBENK GULBENKIAN SWIM, INC. 18689 03/23/04 01 CPR BREATHING PROTECTION 0121065005804 04/30/04 5.00 INVOICE TOTAL: 5.00 VENDOR TOTAL: 5.00 HENNE HENNE CONSTRUCTION & ELECTRIC 24060 04/28/04 01 LABOR & TRAFFIC LIGHT BULB 0141062005414 04/30/04 46.70 INVOICE TOTAL: 46.70 24070 04/28/04 01 RT. 71 & WALSH DR. CORNER POLE 0141062005415 04/30/04 87.78 INVOICE TOTAL: 87.78 24071 04/28/04 01 WESTERN & HIGH RIDGE 0141062005415 04/30/04 91.89 INVOICE TOTAL: 91.89 24072 04/28/04 01 GREENBRIAR & RT. 47 CORNER LIG 0141062005415 04/30/04 87.78 INVOICE TOTAL: 87.78 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HENNE HENNE CONSTRUCTION & ELECTRIC 24074 04/28/04 01 HIGH RIDE & FAXON, 1ST LT POLE 0141062005415 04/30/04 91.89 l INVOICE TOTAL: 91.89 24075 04/28/04 01 ALLENDALE & RED TAIL CRNR LT 0141062005415 04/30/04 91.89 INVOICE TOTAL: 91.89 24110 04/28/04 01 GREENBRIAR & RT. 47 0141062005415 04/30/04 170.50 INVOICE TOTAL: 170.50 25642 04/28/04 01 REPAIRS IN SHOP, TRUCK BUILDIN 0141065005804 04/30/04 190.00 INVOICE TOTAL: 190.00 VENDOR TOTAL: 858.43 HLINDEN H. LINDEN & SONS PARTPAYEST#1 04/27/04 01 PARTIAL PAYMENT ESTIMATE # 1 3700075007504 04/30/04 267,852.60 INVOICE TOTAL: 267,852.60 VENDOR TOTAL: 267,852.60 HOLSEPT HOLLEY SEPTIC SERVICE 1835 04/07/04 01 PUMP/CENTER&COUNTRYSIDE PKWY 5200062005422 00201817 04/30/04 75.00 02 PUMP/PARKS & RECREATION 5200062005422 100.00 INVOICE TOTAL: 175.00 1853 04/16/04 01 PUMP/PARKS & RECREATION 5200062005422 00201817 04/30/04 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 275.00 ICCI INTERNATIONAL CODES 20040501 04/30/04 01 BUILDING INSPECTIONS 0111061005314 04/30/04 67,575.40 INVOICE TOTAL: 67,575.40 20040506 04/30/04 01 ZONING/PLANNING 1.25 HOURS 0122062005401 04/30/04 93.75 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ICCI INTERNATIONAL CODES 20040506 04/30/04 02 ZONING/PLANNING/ BILLABLE 0100013001372 04/30/04 1,297.25 INVOICE TOTAL: 1,391.00 VENDOR TOTAL: 68,966.40 ICE ICE MOUNTAIN 04D8105151347 04/30/04 01 5-5GL BOTTLED DRINKING WATER 0121065005804 04/30/04 44.75 INVOICE TOTAL: 44.75 VENDOR TOTAL: 44.75 JEWEL JEWEL-OSCO 04-30-2004 04/30/04 01 PW - SUPPLIES 5100065005804 04/30/04 44.89 INVOICE TOTAL: 44.89 VENDOR TOTAL: 44.89 JMERLE J. MERLE JONES & SONS 01-4176834 04/14/04 01 TRUCK MAINTENANCE 0141062005409 04/30/04 475.26 INVOICE TOTAL: 475.26 VENDOR TOTAL: 475.26 JULIE JULIE, INC. 04-04-1704 04/30/20 01 APRIL LOCATES/JULIE SERVICE 5100061005303 00201880 04/30/04 783.00 INVOICE TOTAL: 783.00 VENDOR TOTAL: 783.00 KCREC KENDALL COUNTY RECORD 64 03/31/04 01 PUBLIC NOTICE ADVERTISING 0122065005810 04/30/04 54.40 02 ZONING PUBLIC NOTICE 0111065005810 112.08 INVOICE TOTAL: 166.48 75 04/30/04 01 RTE. 47 WATER MAIN 4100075007504 04/30/04 34.00 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:29:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT KCREC KENDALL COUNTY RECORD 75 04/30/04 02 ADVERTISEMENTS G/F 0111065005810 04/30/04 221.64 03 ZONING NOTICE PUBLICATIONS 0122065005810 260.40 04 SEWER VAC ADVERTISEMENT RFP 3700062005401 62.40 INVOICE TOTAL: 578.44 VENDOR TOTAL: 744.92 KOPY KOPY KAT COPIER 57580 04/30/04 01 ENGINEERING DEPT COPIES 0115065005809 04/30/04 403.38 INVOICE TOTAL: 403.38 57581 04/30/04 01 CITY OFFICES COPIES 3 MONTHS 0111065005809 04/30/04 1,719.22 INVOICE TOTAL: 1,719.22 57582 04/30/04 01 COLOR COPIER 0111065005809 04/30/04 2,052.71 INVOICE TOTAL: 2,052.71 VENDOR TOTAL: 4,175.31 MENARDS MENARDS INC. 714 05/03/04 01 WAX BOWL RING W/O SLEEVE (2) 5200062005419 04/30/04 1.36 INVOICE TOTAL: 1.36 96659 04/12/04 01 1MIL CP CRDLS HALOGEN SPT 5200062005419 04/30/04 19.96 INVOICE TOTAL: 19.96 98691 04/23/04 01 SCREW GALVAN & ES FEMALE AERA 5100065005804 04/30/04 6.15 INVOICE TOTAL: 6.15 98747 04/23/04 01 15/16" ES FEMALE AERATOR 5100065005804 04/30/04 3.18 INVOICE TOTAL: 3.18 99883 04/29/04 01 PHONECARD DRL /SOCKET SET MIKE 0115065005801 04/30/04 19.48 INVOICE TOTAL: 19.48 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENARDS MENARDS INC. 99905 04/29/04 01 GRASS SEED-LIBERTY ST 0115065005801 04/30/04 7.49 INVOICE TOTAL: 7.49 VENDOR TOTAL: 57.62 METIND METROPOLITAN INDUSTRIES, INC. 0000150918 04/06/04 01 REPLACED SAFE RELAY ON GAWNE 5200062005422 00201815 04/30/04 697.50 INVOICE TOTAL: 697.50 VENDOR TOTAL: 697.50 MILSCJ MILSCHEWSKI, JACKIE 042704 04/27/04 01 4/27/04 COW MINUTES 0111062005401 04/30/04 112.50 INVOICE TOTAL: 112.50 081903 04/05/04 01 COW MINUTE TAKING 2003 0111062005401 04/30/04 101.25 INVOICE TOTAL: 101.25 VENDOR TOTAL: 213.75 MSI MUNICIPAL SOFTWARE INC. 043004 04/30/04 01 BUILDING PERMIT SOFTWARE 0111075007002 00102130 04/30/04 4,911.50 INVOICE TOTAL: 4,911.50 VENDOR TOTAL: 4,911.50 NATLWTR NATIONAL WATERWORKS, INC. 1247602 04/30/04 01 METERS 5100075007508 04/30/04 7,038.00 INVOICE TOTAL: 7,038.00 1255726 04/30/04 01 METERS 5100075007508 04/30/04 756.28 INVOICE TOTAL: 756.28 1264774 04/30/04 01 METERS 5100075007508 04/30/04 1,412.10 INVOICE TOTAL: 1,412.10 VENDOR TOTAL: 9,206.38 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NCI NORTHWEST COLLECTORS INC 033104 03/31/04 01 COLLECTIONS FEE 5100062005401 04/30/04 63.40 INVOICE TOTAL: 63.40 VENDOR TOTAL: 63.40 NICOR NICOR GAS 043004 04/30/04 01 GAS BILL 0111078009002 04/30/04 14.22 INVOICE TOTAL: 14.22 VENDOR TOTAL: 14.22 OFFWORK OFFICE WORKS 51696 04/01/04 01 ADDRESS LABELS 0111065005802 04/30/04 54.98 INVOICE TOTAL: 54.98 51981 04/08/04 01 11X17 XEROX COPY PAPER 0111065005802 04/30/04 36.90 INVOICE TOTAL: 36.90 52156 04/12/04 01 11X17 XEROX COPY PAPER, SEAL 0111065005802 04/30/04 80.78 INVOICE TOTAL: 80.78 52243 04/14/04 01 CASSETTE, 90MIN MICRO 3-PK 0111065005802 04/30/04 42.50 INVOICE TOTAL: 42.50 52322 04/15/04 01 CASSETTE,MICRO,90MIN, 3PK 0111065005802 04/30/04 34.90 INVOICE TOTAL: 34.90 52487 04/19/04 01 11X17 XEROX PAPER 0111065005802 04/30/04 73.80 INVOICE TOTAL: 73.80 VENDOR TOTAL: 323.86 OHERRCOM RAY O'HERRON COMPANY 19531 04/30/04 01 217/223 UNIFORMS 0121062005421 00302566 04/30/04 538.30 INVOICE TOTAL: 538.30 VENDOR TOTAL: 538.30 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:29:18 DETAIL BOARD REPORT I ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PARADISE PARADISE CAR WASH 043104 04/30/04 01 PD CAR WASHES 0121062005408 04/30/04 77.80 02 EMPLOYEE APRECIATION DINNER 0111064005607 147.50 INVOICE TOTAL: 225.30 VENDOR TOTAL: 225.30 PEDALSP PEDAL & SPOKE LTD. 59162 04/30/04 01 PAIR BIKE SHOES 0121062005421 04/30/04 87.96 INVOICE TOTAL: 87.96 VENDOR TOTAL: 87.96 PFPETT P.F. PETTIBONE & CO. 5726 04/29/04 01 MINUTE BOOKS 0111065005802 04/30/04 354.55 INVOICE TOTAL: 354.55 VENDOR TOTAL: 354.55 POSTNET POSTNET IL 124 11671 04/20/04 01 BLUE PRINTS 0122065005809 04/30/04 5.87 INVOICE TOTAL: 5.87 11923 04/30/04 01 BLUE PRINT 0115065005809 04/30/04 9.75 INVOICE TOTAL: 9.75 VENDOR TOTAL: 15.62 PTW & CO PTW & CO. 8476 04/30/04 01 MARCH AUDIT SERVICES 0111061005305 04/30/04 2,948.55 INVOICE TOTAL: 2,948.55 VENDOR TOTAL: 2,948.55 QUILL QUILL CORPORATION 8007448 04/16/04 01 CARTRIDGES/DUSTER CANS/CLEANER 5200065005802 00201887 04/30/04 141.50 INVOICE TOTAL: 141.50 VENDOR TOTAL: 141.50 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR 4 DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RAKOWS RAKOW'S FURNITURE, INC. 30898 04/30/04 01 DESK STACK STORAGE - FIN DIR 0111075007003 04/30/04 413.00 INVOICE TOTAL: 413.00 VENDOR TOTAL: 413.00 RWDEV R.W. DEVELOPMENT 050604 12/26/03 01 GREENBRIAR WATERMAIN RECAPTURE 4200044004440 04/30/04 915.10 INVOICE TOTAL: 915.10 VENDOR TOTAL: 915.10 SALISM SAILSBURY, MARGARET 5852-10 04/30/04 01 CLEANING PUBLIC WORKS 0141062005401 04/30/04 50.00 INVOICE TOTAL: 50.00 5852-11 04/30/04 01 CLEANING PUBLIC WORKS 0141062005401 04/30/04 50.00 INVOICE TOTAL: 50.00 VENDOR TOTAL: 100.00 SBC SBC 553157704 04/25/04 01 LIFT STATION 5100062005436 04/30/04 35.30 INVOICE TOTAL: 35.30 63055308304 04/25/04 01 PUMP HOUSE 5100062005436 04/30/04 29.32 INVOICE TOTAL: 29.32 630553114104 04/25/04 01 6305531141 - YPD FAX LINE 0121062005436 04/30/04 37.04 INVOICE TOTAL: 37.04 630553121004 04/25/04 01 LIFT STATION 5100062005436 04/30/04 21.46 INVOICE TOTAL: 21.46 63055343904 04/25/04 01 CITY HALL T-LINE/CENTREX 0111062005436 04/30/04 1,025.42 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 63055343904 04/25/04 02 CITY HALL T-LINE/CENTREX 0121062005436 04/30/04 1,025.42 03 CITY HALL T-LINE/CENTREX 5100062005436 1,025.42 INVOICE TOTAL: 3,076.26 630553542604 04/25/04 01 PUMP HOUSE 5100062005436 04/30/04 70.79 INVOICE TOTAL: 70.79 630553652204 04/25/04 01 POLICE DEPT 0121062005436 04/30/04 19.00 INVOICE TOTAL: 19.00 630553757504 04/25/04 01 CITY HALL FAX 0111062005436 04/30/04 112.60 INVOICE TOTAL: 112.60 630553901604 04/25/04 01 POLICE DEPT 0121062005436 04/30/04 57.31 INVOICE TOTAL: 57.31 VENDOR TOTAL: 3,459.08 SEAGREN SEAGREN CONSTRUCTION, INC. 04-30-2004 04/30/04 01 CONTRACT C4 - SOUTH PUMP STAT. 4100061005408 04/30/04 25,425.00 INVOICE TOTAL: 25,425.00 VENDOR TOTAL: 25,425.00 SEYFARTH SEYFARTH, SHAW, FAIRWEATHER 936438-COY 04/30/04 01 APRIL 2004 LEGAL SERVICES 0111061005300 04/30/04 999.75 INVOICE TOTAL: 999.75 936438-YPD 04/30/04 01 PD APRIL 2004 LEGAL SERVICES 0121061005300 04/30/04 233.75 INVOICE TOTAL: 233.75 VENDOR TOTAL: 1,233.50 SFBCT SOUTHWEST FOX VALLEY CABLE 050204 04/30/04 01 1ST QTR 04 FRANCHISE DUES 40% 0111062005404 04/30/04 7,107.80 INVOICE TOTAL: 7,107.80 VENDOR TOTAL: 7,107.80 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SHELL SHELL OIL CO. 065159923405 04/30/04 01 MONTHLY FUEL BILL/APRIL 04 5100065005812 00201879 04/30/04 590.62 INVOICE TOTAL: 590.62 VENDOR TOTAL: 590.62 SUBCHNEW SUBURBAN CHICAGO NEWSPAPERS AD S1283261000A 04/30/04 01 JOB POSTINGS 0111065005810 04/30/04 1,480.00 INVOICE TOTAL: 1,480.00 VENDOR TOTAL: 1,480.00 TWINOAKS TWIN OAKS LANDSCAPING 042304 04/23/04 01 REFUND OF METER DEPOSIT 5100078009005 04/30/04 558.00 INVOICE TOTAL: 558.00 VENDOR TOTAL: 558.00 UNIFIED UNIFIED SUPPLY 0090240-IN 03/17/04 01 3 MUY 2 CONNECTORS 5100075007508 04/30/04 97.10 INVOICE TOTAL: 97.10 VENDOR TOTAL: 97.10 UPSIL UPS 000047296X2184 04/30/04 01 SHIPPING 5100065005808 04/30/04 106.17 INVOICE TOTAL: 106.17 VENDOR TOTAL: 106.17 VESCO VESCO 22101 04/30/04 01 DISPLAY FOAM BOARD ADMIN 0111065005802 04/30/04 17.08 INVOICE TOTAL: 17.08 VENDOR TOTAL: 17.08 WALDEN WALDEN'S/ROGER LOCK SERVICE DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WALDEN WALDEN'S/ROGER LOCK SERVICE 4994 04/28/04 01 LOCKS-BATHROOM 1600075007202 04/30/04 897.02 INVOICE TOTAL: 897.02 VENDOR TOTAL: 897.02 WASTE WASTE MANAGEMENT 209839720114 04/30/04 01 APRIL GARBAGE SERVICES 0154062005442 04/30/04 37,823.20 INVOICE TOTAL: 37,823.20 VENDOR TOTAL: 37,823.20 WHOLTIRE WHOLESALE TIRE 217 04/30/04 01 NEW TIRE, ROTATE M-4 0121062005409 04/30/04 114.95 INVOICE TOTAL: 114.95 VENDOR TOTAL: 114.95 WTRPDLD WATER PRODUCTS 0169019 04/27/04 01 6X6 NON-SHEAR MISSION BANDS-2 5200062005419 00201818 04/30/04 95.56 INVOICE TOTAL: 95.56 0169078 04/29/04 01 INSERTA TEE 5200062005419 00201818 04/30/04 55.38 02 6X6 NONSHEAR MISSION BAND (1) 5200062005419 36.61 03 SDR35 BEND (22.5) 5200062005419 18.64 04 SDR35 45 BEND 5200062005419 9.61 INVOICE TOTAL: 120.24 0169266 05/05/04 01 6X6 NONSHEAR MISSION BANDS (4) 5200062005419 00201818 04/30/04 191.12 INVOICE TOTAL: 191.12 VENDOR TOTAL: 406.92 YORKACE YORKVILLE ACE & RADIO SHACK 04-30-2004 04/30/04 01 PW OPERATING SUPPLIES 5100065005804 04/30/04 59.24 INVOICE TOTAL: 59.24 VENDOR TOTAL: 59.24 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YOUNGM YOUNG, MARLYS 050404 04/08/04 01 4/8 RECORDING ADMIN COMM MEET 0111062005401 04/30/04 141.25 INVOICE TOTAL: 141.25 VENDOR TOTAL: 141.25 YRKAUTO YORKVILLE AUTO PARTS 642716 04/01/04 01 BULB 0121062005409 04/30/04 3.83 INVOICE TOTAL: 3.83 643755 04/08/04 01 TAIL LAMP 5100065005804 04/30/04 1.96 INVOICE TOTAL: 1.96 644512 04/13/04 01 SCRAPER 5100065005804 04/30/04 5.80 INVOICE TOTAL: 5.80 644670 04/14/04 01 ULTRA BLACK 5100065005804 04/30/04 9.58 INVOICE TOTAL: 9.58 644765 04/15/04 01 PCV VALVE 5100065005804 04/30/04 3.05 02 AIR FILTER 5100065005804 6.18 03 ANTIFREEZE 5100065005804 35.94 INVOICE TOTAL: 45.17 644894 04/16/04 01 HITCH PIN 5100065005804 04/30/04 6.19 INVOICE TOTAL: 6.19 644923 04/16/04 01 TORX SOC 5100065005804 04/30/04 4.29 INVOICE TOTAL: 4.29 646001 04/23/04 01 TRANS PT 5100065005804 04/30/04 8.30 INVOICE TOTAL: 8.30 646623 04/27/04 01 CONNECTOR 5100065005804 04/30/04 8.98 INVOICE TOTAL: 8.98 DATE: 05/19/04 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:29:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 04/30/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YRKAUTO YORKVILLE AUTO PARTS 646788 04/28/04 01 5100065005804 04/30/04 8.74 INVOICE TOTAL: 8.74 VENDOR TOTAL: 102.84 ZBSUPPLY ZB SUPPLY COMPANY 57937 04/30/04 01 CLEANING SUPPLIES 0111062005406 04/30/04 146.56 INVOICE TOTAL: 146.56 VENDOR TOTAL: 146.56 TOTAL ALL INVOICES: 844,665.65 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 05/01/04 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $14,552.52 $0.00 $14,552.52 $1,417.85 $1,113.27 $17,083.64 ENGINEERING $7,313.60 $0.00 $7,313.60 $559.50 $736.48 $8,609.58 POLICE $44,043.90 $787.70 $44,831.60 $3,429.60 $278.07 $48,539.27 PUBLIC WORKS $15,865.38 $2,264.85 $18,130.23 $1,386.99 $1,783.42 $21,300.64 LIBRARY $5,644.77 $0.00 $5,644.77 $431.82 $312.41 $6,389.00 RECREATION $7,671.50 $0.00 $7,671.50 $586.89 $729.23 $8,987.62 PARKS $10,964.81 $116.03 $11,080.84 $847.67 $804.62 $12,733.13 TOTALS $106,056.48 $3,168.58 $109,225.06 $8,660.32 $5,757.50 $123,642.88 TOTAL INVOICES - FY 03/04 $844,665.65 TOTAL INVOICES - FY 04/05 $38,867.69 TOTAL PAYROLL $123,642.88 TOTAL DISBURSEMENTS $1,007,176.22