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City Council Packet 2004 08-24-04 United City of Yorkville EST.%I 1836 County Seat of Kendall County 800 Game Farm Road - fig U) Yorkville, Illinois 60560 o I yO Phone:630-553-4350 AGENDA 7D,e_ vim= Fax:630-553-7575 CITY COUNCIL MEETING 1 L E "' CITY COUNCIL CHAMBERS 7:00 PM Tuesday,August 24,2004 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, September 27, 2004 To be announced Economic Development Committee: 7:00 p.m., Monday, September 20, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, September 9, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, August 26, 2004 City Hall Conference Room Public Hearings: 1. PC 2004-04 Villas at the Preserve: Burnside Homes, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 Duplex Two-Family Residence Planned Unit Development and for hearing as to the annexation and planned unit development agreement of Petitioner. The real property consists of approximately 23.95 acres South of Route 71 and West of Route 47, Kendall Township, Kendall County, Illinois. City Council Meeting Agenda August 24, 2004 Page 2 Citizen Comments: Presentations: None Consent Agenda 1. Preschool Contract for Congregational Church - authorize Mayor and Director of Parks and Recreation to execute 2. Windett Ridge—Nicor Easement Request -authorize Mayor to execute easement 3. Resolution for Feasibility Study for Countryside Center TIF -authorize Mayor and City Clerk to execute 4. IMRF Employer Contribution Rate Option 2 - authorize finance director to notes IMRF Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—July 27, 2004 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 656,632.36 (vendors) $ 136,829.34 (payroll period ending 8/07/04) $ 793,461.70 (total) Reports: Mayor's Report: 1. Ordinance Approving Sign Variances for 135 E. Veteran's Parkway 2. Ordinance Approving Variances for 106 Beaver Street 3. Resolution Recommending the Updating of Wards in the United City of Yorkville 4. Hydraulic Avenue Interceptor—IDOT Highway Permit and Resolution 5. Midco Northgate Yorkville LLC—Galena Watermain Easement Attorney's Report: City Clerk's Report: City Treasurer's Report: City Council Meeting Agenda August 24, 2004 Page 3 Reports (con't): City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks&Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report Economic Development Committee Report: 1. Ordinance Granting Rezoning for Cara Behrens for 801 N. Bridge Street a. Development Agreement Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 'PUBLIC W ORKSS 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 August 24, 2004 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 (con't) IECONOMIC DEVELOPMENT 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 ADNIINIS I'ItATION 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 Annex.Agreement Page No. 1 07/28/04 Draft Draft 1 (Above space reserved for Recorder's use) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BURNSIDE CONSTRUCTION COMPANY DEVELOPER AND OWNER OF RECORD (THE VILLAS AT THE PRESERVE SUBDIVISION) WHEREAS, a petition for Annexation, Rezoning, Planned Unit Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ("Subject Realty"), has been filed with the United City of Yorkville, Illinois ("City") by those persons and entities identified in Exhibit X attached hereto (collectively "Owner") and Burnside Construction Company("Developer"); and, WHEREAS, the Plan Commission has held a public hearing on said petitions in accordance with law and recommended approval thereof; and, WHEREAS, the City Council has received the recommendation of the Plan Commission and has considered the same; and, WHEREAS, the Subject Realty is located contiguous to the corporate boundaries of the City and is not within the corporate boundaries of any other municipality; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the Subject Realty will be annexed to the City in an orderly manner; and WHEREAS, Owner and Developer and their representatives have discussed the proposed annexation and have had a Public Hearing with the Plan Commission as to the Annex.Agreement Page No. 2 07/28/04 Draft Draft 1 annexation and the City Council as to this Agreement, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for an in consideration of the mutual promises and covenants herein contained, the parties agree, as follow: ARTICLE I ANNEXATION SECTION 1: APPROVAL The Subject Realty legally described in Exhibit I attached hereto shall be annexed to the United City of Yorkville and zoned as hereinafter provided in this Agreement. The City shall adopt all ordinances which are necessary or proper to effectuate the intent of this Agreement, including ordinances annexing the Subject Realty and rezoning it as hereinafter provided. ARTICLE II PLANNED DEVELOPMENT APPROVAL SECTION 1: APPROVAL AND MAP AMENDMENT The Subject Realty shall be rezoned from Kendall County A-1 Agricultural to United City of Yorkville R-2 Duplex Two-Family Residence Planned Unit Development District incorporating duplex (two family) residential housing uses, open space and natural areas; subject to the following requirements, variations and restrictions provided herein. ARTICLE III PLANNED UNIT DEVELOPMENT PLANS SECTION 1: APPROVED PLANS The following plans have been reviewed by the Plan Commission of the City and are hereby approved by the City as a part of this Agreement. 1. General Development Plan prepared by Lannert Group, with last revision date of April 12, 2004, a copy of which is attached hereto as Exhibit II ("General Development Plan"); Annex.Agreement Page No. 3 07/28/04 Draft Draft 1 2. Preliminary Plan by Lannert Group, with a last revision date of July 29, 2004 a copy of which is attached hereto as Exhibit III("Preliminary Plan"); 3. Preliminary Engineering Plan prepared by P &D Consultants with a last revision date of , 2004 a copy of which is attached hereto as Exhibit IV ("Preliminary Engineering Plans"); 4. Preliminary Landscape Plans, prepared by Lannert Group dated July 29, 2004 ("Preliminary Landscape Plan"), a copy of which is attached hereto as Exhibit V; 5. Typical Unit Landscape Plan, prepared by Lannert Group dated May 19, 2004 ("Typical Unit Landscape Plan") a copy of which is attached hereto as Exhibit VI The General Development Plan, Preliminary Plan, Preliminary Engineering Plans, Preliminary Landscape Plans, and Typical Unit Landscape Plan are sometimes referred to collectively as "Preliminary Plans." The Preliminary Plans shall be hereby deemed approved. Development within the Subject Realty shall be in substantial conformity with the Preliminary Plans, applicable provisions of Chapter of the Yorkville Municipal Code ("Subdivision Ordinance"), and this Agreement. Development of the Subject Realty shall be in conformity with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement, and in accordance with the additional procedures, definitions, uses and restrictions contained therein. SECTION 2: APPROVAL OF FINAL PLANS Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase of Development") as Developer may from time to time determine in its sole discretion. Upon the submittal by Developer to the City of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plans") for a Phase of Development , which substantially conform with the Preliminary Plans as to such Phase of Development, the City shall promptly approve such Final Plat, (so long as it is in substantial conformity with the approved General Development Plan, and that Developer is not in material breach or default as to any terms of this Agreement), Final Landscape Plan and Final Engineering Plan in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided Developer complies with applicable city regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the City as provide for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. Annex.Agreement Page No. 4 07/28/04 Draft Draft 1 SECTION 3: HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD Concurrent with and prior to recording a Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration Covenants, Restrictions and Easements (or similarly named document) (`Declaration") which will be used by developer to establish the covenants, conditions and restrictions for each Phase of Development, The Declaration shall provide for the authority of Developer an/or the City to establish an association(the "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph hereof, for the ownership, care and maintenance of the common open space areas within the Subject Realty as listed in Exhibit VII attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. ARTICLE IV DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REQUIREMENTS A. Zoning: The underlying zoning classification for each of the Phases of Development shall be as follows pursuant to applicable provisions of the Zoning Ordinance: 1. R-2 Duplex Two-Family Residence Planned Unit Development B. Land Use Requirements: 1. Each of the Phases of Development shall be developed in compliance with the bulk design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design Standards"), unless otherwise provided herein. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS Unless otherwise provided in the General Development Plan, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Subdivision Control Ordinance and the Zoning Ordinance, except as otherwise specified in Annex.Agreement Page No. 5 07/28/04 Draft Draft 1 Exhibit VIII attached hereto (the "Bulk Design Modifications"). The Bulk Design Modifications are hereby approved and shall control the development of the Subject Realty irrespective of any conflicting provision contained in the City's Subdivision Control Ordinance or Zoning Ordinance. SECTION 3: TEMPORARY MODEL SALES AND CONSTRUCTION FACILITIES Developer/Owner, its successors and assigns shall have the right to place, build and utilize trailers and/or model homes for management, sales and construction offices and facilities and temporary off-street parking facilities, in each Phase of Development from the time this Agreement is approved by the City Council until the last occupancy permit has been issued for all dwelling units permitted within the Subject Realty. No model home area shall require off- street parking facilities other than model home driveways unless such model home area contains more than six (6) contiguous model homes. All temporary off-street parking facilities shall be constructed and maintained with at least a gravel surface. All such temporary parking facilities shall be removed by Owner upon the termination of such use. There shall be no limitation on the number of model homes from time to time utilized within the Subject Realty. The City shall permit construction of model homes prior to construction of the Public Improvements within the Phase of Development such models are located, and will allow Developer to pump to the sanitary manholes to provide service to the model homes. SECTION 4: STREET ACCESS A. Restricted Access: Each residence built within the Subject Realty shall have access to the public roadway to be constructed in accordance with the General Development Plan, i.e. Harris Circle and Forest Preserve Drivet. No direct driveway access shall be permitted for any residential lot onto Route 71. B. Minor Streets: The subdivision internal minor streets ("Minor Streets") shall provide access from the residences to Route 71. The Minor Streets are to be named "Harris Circle " and "Forest Preserve Drive". Minor Streets will be dedicated to the City as noted in the Final Plat. SECTION 5: RESIDENTIAL SIGNAGE A. Temporary Signage: Temporary Project Signs shall be permitted for the Subject Realty as provided in Exhibit IX attached hereto, from the date of approval of this Agreement. 1. Owner/Developer shall be allowed three (3) sign types, each of which shall be double sided. Owner/Developer shall be allowed one (1) primary sign ("Primary Sign"). Said Primary Sign may be located as shown on Exhibit IX and shall have a maximum area of 100 square feet per side and a maximum height of six feet. Annex.Agreement Page No. 6 07/28/04 Draft Draft 1 2. Owner/Developer shall be allowed three (3) project marketing signs ("Project Marketing Sign"). Said Project Marketing Signs may be located as shown on Exhibit IX and shall have a maximum area of 120 square feet per side and a maximum height of 15 feet. 3. Owner/Developer shall be allowed to place such signs as shown on Exhibit IX in conformance with the standards ser forth in the City Zoning and Subdivision Control Ordinances currently in effect at the date of execution of this Agreement by the City unless otherwise modified by this Agreement. Owner/Developer shall not be obligated to construct any signs. B. Permanent Signage: Permanent residential entry identification signs and features shall be permitted at the entry streets to each Residential Neighborhood as identified in the Final Landscape Plans ("Residential Entry Features"). The Residential Entry Features shall be constructed, owned and maintained in accordance with the provisions of Section 3 of Article III of this Agreement. SECTION 6: CONFLICT WITH DEVELOPMENT ORDINANCES To the extent of any conflict, ambiguity or inconsistency between the terms, provision or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Control Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances") the terms, provision and standards of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Agreement, and any amendment to the Development Ordinances shall not apply to the Subject Realty. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied unifamily within the City said Ordinance shall apply for that purpose to the Subject Realty. All Development Ordinances in effect as of the date of execution of this Agreement shall continue in effect insofar as they relate to the development of the Subject Realty, except as provided in this Agreement. These Development Ordinances shall be frozen from the date of this Agreement and any amendments to these Development Ordinances shall not apply to the Subject Realty except as stated for life safety issues. Annex.Agreement Page No. 7 07/28/04 Draft Draft 1 SECTION 7: FEES AND CHARGES Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform bases from all owners, users and developers of property within the City. The City shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the Subject Realty unless such increases are: (i) made generally applicable to all owners, users and developers of property with the City; and (ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances establish the City policy with respect to fees and contributions to be made by developers of real estate as follows, including but not limited to the following: A. United City of Yorkville: 1) Building Permit Fee 2) Water Connection Fee 3) Water meter cost 4) City Sewer Connection Fee 5) Water and Sewer Inspection Fee 6) Public Walks/Driveway Inspection Fee B. Development Fees: 1) Public Works 2) Police 3) Building 4) Library 5) Bristol-Kendall Fire PD 6) Engineering Capital Fee 7 ) Park &Recreation Capital Fee The fees payable as aforesaid shall be those established by the City's Development Ordinances on the date of approval of this Agreement by the City. C. Yorkville Parks and Recreation Department: Owner/Developer agrees to pay, in lieu of land, a cash donation of$ , per the City ordinances at the time of issuance of each building permit, i.e. $ Per unit.. Annex.Agreement Page No. 8 07/28/04 Draft Draft 1 D. Yorkville Community School District: 1) Land Cash Fee: The Yorkville Community School District has requested cash in lieu of a land donation. Owner/Developer shall pay $ in satisfaction of the land cash fee to the School District per the ordinances. Said contribution shall be paid at issuance of each building permit in the amount of$ 2) School Transition Fee: The Yorkville Community School District agrees to accept $ per dwelling unit in satisfaction of the United City of Yorkville School Transition Ordinance in effect at the time this Agreement is signed, payable at the time of issuance of building permits for each dwelling unit. E. Engineering Review Fee: Owner/Developer agrees to pay, at final plat approval for each phase of the development, an Engineering Review Fee at the rate of % of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. F. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat approval , an Administration/Inspection Fee at the rate of % of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the Homeowners's Association. G. Sanitary District Fees: Owner/Developer agrees to pay, at annexation, to the Yorkville-Bristol Sanitary District fees for annexation and infrastructure costs. Those fees shall be $ per acre for the annexation fee and $ per acre for the infrastructure costs. Owner/Developer's total obligation shall not exceed $ Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. SECTION 8: SANITARY SEWER SERVICE DEVELOPER shall cause the Subject Realty, to be annexed to the Yorkville- Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary Annex.Agreement Page No. 9 07/28/04 Draft Draft 1 sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Realty. SECTION 9: POTABLE WATER SERVICE The City represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the Subject Realty , which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the General Development Plan. The City shall cooperate with Developer in obtaining all off-site easements necessary and shall grant Developer access to all City owned right-of-way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off-site extension of water lines to its condition existing prior to said construction. The City agrees to approve sewer and water permits within five (5) days of receipt of an application therefore to the Illinois Environmental Protection Agency, accompanied by plans sufficient to apply in the determination of Developer's engineer. In the event the CITY requires OWNER/DEVELOPER to oversize water mains based on the fire flow requirements of the development, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. SECTION 10: STORM SEWER FACILITIES Any storm water detention facility constructed on-site shall comply with the requirements as set out on the Preliminary and Final Engineering plans, subject to approval of the City Engineer.. SECTION 11: OWNERSHIP OF PUBLIC UTILITII- S All public utilities, including but not limited to sanitary sewer, storm sewer and water mains shall be owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Homeowner's Association and maintained by said Association. Annex.Agreement Page No. 10 07/28/04 Draft Draft 1 SECTION 12: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS A) The City agrees to respond to all requests for required inspection or permits within twenty-four (24) hours (Saturday, Sunday and legal holidays excluded) and to issue or reject(with explanation for corrections) approvals and/or permits within seven (7) days. B) Off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. C) The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefitting future users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. D) OWNER/DEVELOPER and CITY agree that if easements are necessary for off-site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from private parties, Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER SECTION 13: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS A) Acceptance of Public Improvements: The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty (60) days following the submission of the as built plans. Should the City not approve the public improvements, it shall provide a detailed written description of why the improvements are not being accepted to the Developer within 60 days of Owner'/Developer's request for acceptance. B) Posting Security: DEVELOPER shall deposit, or cause to be deposited, with the CITY, at DEVELOPER 'S option, such irrevocable letters of credit, contractor's performance Annex.Agreement Page No. 11 07/28/04 Draft Draft 1 bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the parties. The City, pursuant to recommendation by the City Engineer, shall from time to time approve a reduction or reductions in the Security instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. . C) Release of Underground and Streets: Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development; and acceptance by the City Engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. D) Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. SECTION 14: AMENDMENTS TO ORDINANCES. All ordinances, regulations, fees, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements, repeal,. or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Realty except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Realty, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure Annex.Agreement Page No. 12 07/28/04 Draft Draft 1 constructed within the Subject Realty being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 15: BUILDING MATERIAL Exterior building materials shall be employed in a manner to convey a well-considered Midwestern traditional architectural style. The building facades shall feature a combination of masonry, textured siding, shakes or scallops with contrasting soffit/fascia and trim boards. All buildings shall provide for architectural-grade roofing shingles, Masonry materials shall consist of no less than forty percent (40%) of the front facade elevation. The side facade elevation viewable from the street on Lots 1, 11, 16, 29, 30, 36, and 37 shall provide for masonry wainscoting from the front to rear corner of the building. ARTICLE V GENERAL PROVISIONS SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT The Subject Realty shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Planned Unit Development hereafter requested shall be evaluated and processed as follows: A. Definitions: 1. Major changes: Major changes shall include any changes to the Planned Unit Development which require an amendment of the Ordinance approving this Agreement, increase in the number of units, or any other change for which a public hearing is required by law or by the United City of Yorkville Municipal Code, except as specifically provided herein. 2. Minor changes: Minor changes shall include any change not defined herein as a major change or a technical change. Annex.Agreement Page No. 13 07/28/04 Draft Draft 1 3. Technical changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the Building Commissioner, Fire Chief or City Administrator as the case may be, to be: (I) in substantial compliance with the Final Plat as approved by the City Council; (ii) in compliance with the Yorkville Municipal Code, as amended, except as specifically varied herein; and (iii) in compliance with usual and customary building or engineering practice. For purposes of this Section, the location of buildings and signage shall constitute a technical change only. B. Procedures: 1. Major changes may be approved by the vote of a simple majority of the City Council after public hearing and recommendation by the Plan Commission pursuant to submittal and processing of a petition to amend the Planned Unit Development and a petition for preliminary approval, as set forth in the United City of Yorkville Municipal Code. 2. Minor changes may be approved by the City Council without Plan Commission review or public hearing. 3. Technical changes may be approved by the City Engineer, Building Commissioner, Fire Chief, or City Administrator, as the case may be. SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS At the time of recordation of each final plat for the Subject Realty, the owner of such platted area shall grant to the City, at no cost to the City, on-site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations, sanitary sewer, water main, electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system, or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements, to the extent reasonably practicable. The City shall be granted blanket easements, which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the private access roads and parking facilities contained therein for utility maintenance, and for police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for Annex.Agreement Page No. 14 07/28/04 Draft Draft 1 the Subject Realty, Developer shall pay for the design engineering, construction engineering and installation of all on-site Public Improvements as defined herein and under the United City of Yorkville Municipal Code, and as reasonably determined by the City Council to be necessary for the development of the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer detemiines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements, swales and structures, of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. SECTION 3: OFF-SITE EASEMENTS AND CONSTRUCTION At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall obtain all off-site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans. In the event Developer is unable to acquire such necessary off-site easement, the City shall exercise its power of eminent domain to acquire the same, provided Developer shall pay the reasonable costs incurred by the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such funds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall pay for the design engineering, construction engineering and installation of all off-site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off-site Public Improvements shall be included in the Guarantee for Completion for the area so platted. In the event any such off-site Public Improvements are determined by the City to provide a benefit to other Subject Realty, the City shall enter into a Reimbursement Agreement with Developer with respect to such improvements. Annex.Agreement Page No. 15 07/28/04 Draft Draft 1 SECTION 4: BUILDING CODE Except as otherwise provided in Exhibit XI ("Building Code Deviations") to this Agreement, Developer shall comply in all respects with the applicable provisions of the United City of Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for human occupation in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. The City expressly approves the modifications from the building codes for the duration of the project as described in Exhibit XI attached hereto. SECTION 5: BUILDING PERMITS The City shall issue building permits for construction of improvements upon the Subject Realty within ten (10) working days subsequent to receipt of application therefore. If the application is denied, the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written comments. or approve the resubmittal plans within seven (7) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the Subject Realty. Notwithstanding the foregoing, no occupancy permits shall be issued for such portions of the Subject Realty until the availability of such utilities to the structure in question is demonstrated, including a binder course of pavement on the street fronting the structure seeking an occupancy permit. SECTION 6: OCCUPANCY PERMITS A. No occupancy permit shall be issued for any building, except model home/ construction office facilities, on the Subject Realty until the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through stone base are operational. B. The City shall not deny a temporary certificate of occupancy for any space within an attached single family building for the sole reason that other areas in the building are either incomplete or under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability, due to adverse weather Annex.Agreement Page No. 16 07/28/04 Draft Draft 1 conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain specific deadlines for completion of each of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 7: RESTORATION OF CITY PROPERTY Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 8: MAINTENANCE OF PRIVATE FACILITI I-S The provisions of the Homeowners' Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. SECTION 9: WATER WELLS Private wells shall be permitted within the Subject Realty for the limited purposes of recharging and maintaining water levels in retention basins and supplying water for irrigation systems utilized to irrigate perimeter street and collector street landscaping, open space facilities, and other landscaped areas under common maintenance control from time to time constructed or installed as a part of the development of the Subject Realty. Retention basins may also be utilized to supply water for such irrigation systems. All such private wells utilized directly or indirectly to irrigate landscaping shall be owned by the Homeowners' Owners Association, and maintained by the Association. All other such private wells shall be owned and maintained by Developer or an Owners Association established by Developer. The City shall also permit the Developer to tie into the City's water system for the limited purpose of irrigation as provided in this Section 11. SECTION 10: COMPLIANCE WITH STATE STATUTES A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to Annex.Agreement Page No. 17 07/28/04 Draft Draft 1 cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 11: PRELIMINARY GRADING Upon execution of this Agreement by the City , Developer may obtain from the City, and the City shall issue, a site development permit for the site grading to be performed upon the Subject Realty. Such site grading shall be in conformity with Engineering Plans approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for such phase shall be promptly performed by Developer, at Developer's expense. In addition thereto, upon approval of final engineering by the City Engineer for a phase of development, but prior to issuance of a construction permit by the Illinois Environmental Protection Agency, Developer may commence construction of underground Public Improvements for such phase of development provided no connection of such underground Public Improvements shall be connected to active utility lines or mains until all appropriate construction and connection permits have been duly issued by the Illinois Environmental Protection Agency for such phase of development. SECTION 12: CONSTRUCTION TRAILERS The City agrees that from and after the effective date of this , Developer's subcontractors' supply storage trailers may be placed upon such part or parts of the Subject Realty as required and approved by Developer for development purposes. Said trailers may remain within any phase of development within the Subject Realty until all Public Improvements for such phase of development have been completed and accepted by the City. SECTION 13: STREET STANDARDS Design standards for Interior Minor Streets and access drives to be utilized as a part of the development of the Subject Realty are set forth on the Preliminary Engineering Plans ("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the Subject Realty, except as otherwise expressly provided in this Agreement. SECTION 14: DEDICATION OF STREET RIGHT-OF-WAY The final plat for each phase of development in the Subject Realty shall establish the dedication of the appropriate right-of-way for all public streets within such phase of development in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement, and in substantial conformity with the Final Engineering Plans. Annex.Agreement Page No. 18 07/28/04 Draft Draft 1 Street names for each public street shall be established and identified on each final plat of subdivision. SECTION 15: CONVEYANCES Nothing contained in this shall be construed to restrict or limit the right of the Owner and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this . SECTION 16: TRANSFER OF RIGHTS AND DUTI h S Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party("Transferee"), the rights and obligations so identified of such Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed assigned to and assumed by such third party, and Owner and Developer shall thereupon be released and discharged by the City from any further obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner and Developer pertaining to such phase or portion of the Subject Realty. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City effecting the portion of the Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City. SECTION 17: SPECIAL ASSESSMENTS AND TAXATION Without the prior written consent of Owner or Developer, the City shall not, within ten (10) years from the execution of this Agreement: A. levy against any real or personal property within the Subject Realty, any special assessment or special tax for the cost of any improvements in or for the benefit of the Subject Realty except as specified herein; or B. undertake any local improvements in, on or for the benefit of the Subject Realty pursuant to the imposition of a special assessment or special tax against the Subject Realty, or any portion thereof; or C. levy or impose additional taxes on the Subject Realty, in the manner provided by law for the provision of special services to the Subject Realty or to an area in which the Subject Realty is located or for the payment of debt incurred in order to provide such special services. Annex.Agreement Page No. 19 07/28/04 Draft Draft 1 ARTICLE VI MISCELLANEOUS SECTION 1: INCORPORATION OF EXHIBITS All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 2: ENFORCEMENT This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. SECTION 3: SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. SECTION 4: ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Annex.Agreement Page No. 20 07/28/04 Draft Draft 1 SECTION 5: NOTICES Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville, IL., 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107 A. S. Bridge St. Yorkville, IL., 60560 If to the OWNER/DEVELOPER: Burnside Construction Company 2400 Wisconsin Avenue Downers Grove, IL 60515 Attn: Mr. George Arquilla t t With a Copy to: Gary L. Taylor Rathje&Woodward 300 E. Roosevelt Road, Suite 300 Wheaton, IL 60187 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILITY This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002), in the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. m addition, the CITY, OWNER, Annex.Agreement Page No. 21 07/28/04 Draft Draft 1 and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Realy. SECTION 7: AGREEMENT This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Realy as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Realy not affected by such Agreement. SECTION 8: CONVEYANCES Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realy, whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Realy in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. SECTION 10: TERM OF AGREEMENT The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. SECTION 12: RECORDING This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. Annex.Agreement Page No. 22 07/28/04 Draft Draft 1 SECTION 13: RECITALS AND EXHIBITS The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. SECTION 14: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. SECTION 15: NO MORATORIUM The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development . SECTION 16: TIME IS OF THE ESSENCE Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. SECTION 17: EXCULPATION It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realy, the CITY, the DEVELOPER, or OWNERS, including, but not limited to, county, state or federal regulatory bodies. [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.] Annex.Agreement Page No. 23 07/28/04 Draft Draft 1 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2004. UNITED CITY OF YORKVILLE Kendall County, Illinois By: MAYOR ATTEST: City Clerk OWNER/DEVELOPER: BURNSIDE CONSTRUCTION COMPANY By: Manager Dated: Annex.Agreement Page No. 24 07/28/04 Draft Draft 1 SCHEDULE OF EXHIBITS EXHIBIT I: Legal Description of Subject Realty EXHIBIT II: General Development Plan EXHIBIT III: Preliminary Plan EXHIBIT IV: Preliminary Engineering Plans EXHIBIT V: Preliminary Landscape Plan EXHIBIT VI: Typical Unit Landscape Plan EXHIBIT VII: Common Facilities EXHIBIT VIII: Bulk Design Modifications EXHIBIT IX: Temporary Signage EXHIBIT X: List of Owners EXHIBIT XI: Building Code Deviations Annex.Agreement Page No. 25 07/28/04 Draft Draft 1 EXHIBIT I LEGAL DESCRIPTION OF SUBJECT REALTY See attached sheet for legal description. Annex.Agreement Page No. 26 07/28/04 Draft Draft 1 EXHIBIT II GENERAL DEVELOPMENT PLAN Annex.Agreement Page No. 27 07/28/04 Draft Draft 1 EXHIBIT III PRELIMINARY PLAN Annex.Agreement Page No. 28 07/28/04 Draft Draft 1 EXHIBIT IV PRELIMINARY ENGINEERING PLANS Annex.Agreement Page No. 29 07/28/04 Draft Draft 1 EXHIBIT V PRELIMINARY LANDSCAPE PLAN Annex.Agreement Page No. 30 07/28/04 Draft Draft 1 EXHIBIT VI TYPICAL UNIT LANDSCAPE PLAN Annex Agreement Page No. 31 07/28/04 Draft Draft 1 EXHIBIT VII COMMON FACILITIES As depicted on the Preliminary Plan as Outlots A through H inclusive. Annex.Agreement Page No. 32 07/28/04 Draft Draft 1 EXHIBIT VIII BULK DESIGN MODIFICATIONS 1. Lot width not less than 80 feet at the front building setback line, in lieu of 100 feet. 2. 20 foot front yard setback, in lieu of 30 feet, subject to maintaining at least an 80 foot Lot width at the front building setback line. Annex.Agreement Page No. 33 07/28/04 Draft Draft 1 EXHIBIT IX TEMPORARY SIGNAGE Annex.Agreement Page No. 34 07/28/04 Draft Draft 1 EXHIBIT X LIST OF OWNERS 1) Conifer Group, LLC, an Illinois limited liability company Annex.Agreement Page No. 35 07/28/04 Draft Draft 1 EXHIBIT XI BUILDING CODE DEVIATIONS None arr � E. C" N 0 O HTi b PO 71 Q N H`3 UQ Ox t10 M ._a C R ______,_.________ __i :_________-, —_-—---- —---- .4 = _-f—- ROV" \ / __ 1... ,� �-- 1/ ns FIYFRANCF /NttNT X -�- �lR •i: '6 - / \ ( / ANC>51EN ) --y\/e -C/< \ Ii r(,, 1 t{L / �.. �,R /rR' (r',� iI�qtr -.._ _► -- it 4t,, ` .p71*k . • - y ! ' ..-'41:4""; , .1-.-V IP• :141.;„ 44 to. � •�►� ��`. r s�IrR`• •. • 1i ,, _--� >._ %rT '�. 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I N / ft. / + 1 13,307 sq.ft. ; L2 27 ,�) II � , L IQ LA�,i 12,353 sq.ft. V I ,, I i if \ 3 ,( �� 13,098 sq.ft. \II) 13,36714 ft. i I 30 - �� u) 1 /ss-----...., ��j14,114sq.ft. �� .� , 25 \\ 1 1 �- / CN/A V 13,098 sq.ft.�, i •1 \� I / 14,888 s ft i 31 \ 42 T � CI& ` q' 12,197 sq.ft. 2,810 aq.ft., \ i -------i �' 41 ��130�8aq.ft. �� i 8 � 32 � 12,142 aq.ft. j� \ (i,\'' /, / 4-20 14,322 sq,ft. l 1 \ \ 12,182 sq.ft. t 1 `( 12,143 aq.ft. 6 _, ,_______ 33 OUTLOT E i `, 23 X12,000 sq.R. r" r 1.13,982 sq.ft. 12,300 sq.ft. ` �- OPEN SPAC i" , DETENTION c r i 30' 12,000 sq.ft. �� I 13,624 sq.ft. 22 I OU' 7 j 12,862 sq.ft. 12,000 sq.ft. ' 8 v `,12,000 sq.ft. 13,646 sq.ft. :" ! 21 12,000 sq.ft. + , "� //i------„„ i- , 13,007 sq.ft. 1 .---�' -c Il 37 i 612,070 aq.ft. ' \\\ 14,723 sq.ft. Y - l i_-'`_- 9 \, 20 13,349 sq.ft.`\ \V / A\ // '� / 13,530 sq.ft. 1 ��\ Y , r /' ��,� `, \ v OUTLOT G )1 � 7 / 19 \ 10 > �'.-e-w � + 18,715 sq.ft. / � �l� .L,��`•� •�,� 15,252 sq.R. �/ / / 11 , /(/' '/� 18 \ r . 3 983 .ft. / 17,135 aq.ft. - L sq i Cr \c ( Q e..161/ , �� 13,950110. P 12 �/ i 16 �\ \I) 15,408 aq.- ,c V 18,958 sq.ft. V` 15 13 / / '` 16,922 sq.ft. 23,744 sq.ft. / 14 j 33,391 sq.ft. \ lU\- 165 I � t ' 1 1 { /' / AV asT,vu Sr1 � -1--- ,/--/--- _ SIGN LEGEND . '; st4 ',' A-PERMANENT MONUMENT(2) a '7 \) '' SITE. -'<- A I �� B-TEMPORARY SALES SIGN(2) . 3 .� ., '" +1 C•TEMPORARY SALES SIGN(PARKING,1) 7-S4. fig D-TEMPORARY SALES SIGN(MODELS,2) Niiiik ' ,_ I a LOCATION MAP /� SCALE 1-=1000 T T 4 ir .0 2004 Mg Lennart Group,Inc. Q 1 SIGNAGE PLAN Lannert Group BURNSIDE HOMES 1 it j',I!„', Landscape Architecture eck�re•Planning•Community Consulting s /\ 'H (830)2088088 DOWNERSGROVE,2400 WISCONSIN �60615 UE �. eO 00 0 00 120 100 „ _. Fax(830)208-8050 SCALE IN FEETPC 2004-04 Burnside Homes (63030)5;� FAX NORTH VILLAS AT THE PRESERVE Preliminary Plan City Council Public Hearing: 8/24/04 DRAWING NAME.S'Pro00l Fwn>t•AcAra JNwWw9PlorAwmy D.114142.Pmgir,Nmol 2t,w,'RWFArN AnnN Ein04 fIw9 DATE PRINTED:J.19.20!4-i 59P•- .1. Y , .,M • { . RIVERS EDGE • O P Flb O*� CITY ,OF s�c9 O YORKVILLE 40 , " ' ""4111.r 1 {0. GREENBRIAR S1, �LI. I A l I F 72e . >. ' n. r ,- iF umlil ": nu ,,w*, `fir . 1 B-3 r '1- _ _ _ 1 1 Gm 1 1 1 a1 SUNFLOWER ESTATES 1 B-3 11,'i R-2 1 B-3 / O_UT t " JA R-4 .��►‘k- COUNTRY HILLS 41. I si //1 I PHASE 1 --1 B-3 �B-31' N-1 1 .S- G, C P - Go itill- "� ` . " IrP t SHELL " a i. A-vsu , z GASOLINE OUT R-2 �3 R T ,• ' 'l4 , .> r, 11 4'4NcDONALDS R-3 p5 F ' KENDALL CC). ` B� 14. � FAIRGROUNDS FOREST I 1011.11.1viPi�.1v m:., * ' ....uwq'I lu w fe .. ( ,1,1' � ,vlij y m y " ,q 1:107I' ' w r,. 4 i ' ,,, i s a-`WOOD�D • r % ' R-2 „a.. 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'e BGL a` • Q a(3' 'r 44 4 " ` 1` M,*• �„ PUBFxti k '4 'v �lk 7)7:,'�. ,,, :r '�,., r v. 4. Alio •�., r u ,7t 1Yr.''1 1.r♦ 1.�yL" L ,I �'r 4,_.*y,f�" 7 .iptt,�rt' :.*"`9L s �., t r„ L'd} ` i ' } Fa' ` -' T'„. M V� .Y °-.6L'Y• ,Q�,r�,," .LT _, r ,,,y1 •, fila.,; ,, 4..i ' '710 e • r~ I. -.,..ysy r�e�t` 1,,,:e,,, C e,, .R' r r I VIEW TO THE NORTH SHOWING STREAM V v � :'*t, T :I a�" `�'` r Yy, 'L r��;r� .I .. 4• . , .. V:, , , t 2% ../...•„1\, ,,.:44,,-: 4,",,,,„,,44,....,,,,,..: S 1st 4224C2 ' :ri i ,t,Yap: HIGH POINT i.il,>' +✓ 10r' '.t , M Kr .Y '' 01 c'...:Y I,,v-. adv'. I 4e `"+S r LOW POINT to A-` rJ� rfS I �, ,. T ,, • l'A A S syZ' •b :v �•.L. l' t�'{ v., -4,-,-- > et RIDGE LINE r k ,^ `a•l jh A t �d jts'1"�' ` •.�u .. �-w, 1. "��i,l, U ` re! lxL4al'.' r ,...0.- %` SOILS wks, •."n'b.Qte •.u/' RI, r _ 4e '14i r 4R y ....ir ...., EXISTING WATER t,ti NYI *� ` :a..� h'! 7 I,• t.,. L•....�.`} ELEMENTS "•e 4n /% _47 '+..rte•a. .. .. 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I VIEW TO THE SOUTHWESTSHOWING SATURATED SOIL • "' y `'3h, 'n. — H,P.<ELEV.,7TE i�� VIEW TO THE NORTH t l .1 SHOWING STREAM e •.....)I _ .•IVa m T - a• • 1:' r4 tlr1,4ll'lf i1 ., pks ^ ,IwrtH%m xt lr ,1 iI'll na tr7 I 1l11 p r e it$4 a $' f' r N ' 01'11111 '',0':, 6 *Oi. <N1 '7-.-4.-,.,t7'11 1 PANORAMIC VIEW TO THE NORTH IIISUBJECT VIEW TO THE SOUTHWEST SHOWING VIEW 3tTE 1 • `I FROM THE NORTHERN CORNER OF SITE 4 801L8 & WETLAND DATA SONS \ !IB SUITABLE FOR BUILDING SS WET,NOT SUITABLE FOR BUILDING tlMO! SUITABLE FOR BUILDING LOCATION MAP ; 2s4Da SUITABLE FOR BUILDING NOT TO SCALE LNC s ^ PUSrx IRREGULARLY FLOODED,SATURATED, VIEW TO THE NORTH \ SEMIPERMANENTLY FLOODED,EXCAVATED an SHOWING STREAM PANORAMIC VIEW TO THE EAST C 2001 The Lannert Group,Inch A i SITE ANALYSIS Lannert Group BURNSIDE HOMES y m r OWNER/DEVELOPER m 1 ? o 'ni 2400 WISCONSIN AVENUE ;r7.•.)mo ¢i° 60 30 o .I Iiiim lett /\ PC 2004-04 Burnside Homes 30)208-8088 DOWNERS GROVE,IL 60515 „ VILLAS AT THE PRESERVE 30)208-8050A N.ISlIMl1.COM SCALE IN FEET NORTH Preliminary Plan FAX 1 '�'" (630)515 99555 FAX City Council Public Hearing: 8/24/04 MINUTES OF 1'HN REGULAR MEETING OF 1'HL DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,JULY 27,2004. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Absent Kot Present Ward III Ohare Present Munns 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. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska removed#3 under the Mayor's Report,Purchase of Land for Bruell Street Pump Station,from the agenda. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,August 23,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Wednesday,August 19,2004 City of Yorkville Conference Room 800 Game Fann Road Administration Committee 7:00 P.M.,Thursday,August 12,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,August 26,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Thursday,July 29,2004 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS Conflict of Interest Mike McCurdy,320 E.Washington Street,addressed the City Council and asked them to consider retaining a different City Attorney. He stated that he felt that there are many appearances of conflict of interest with City Attorney Dan Kramer and his practice. Mr. McCurdy sited the following examples: o He read in the Kendall County Record that Attorney Kramer represented Moser Lumber who is also affiliated with the developer of Grande Reserve in Yorkville,MPI. The Minutes of the Regular Meeting of the City Council—July 27,2004-page 2 o He had a personal matter with his property and complained to the Mayor about Attorney Kramer's conflict in the matter. An alternate attorney was called in to address the issue. He did not agree 100%with the alternate attorney's legal opinion but was pleased that Mayor Prochaska was fair in the matter. o Recently he was purchasing an acre of property in Kendall County adjacent to the City and Attorney Kramer was representing the seller. The County would not issue a building permit due to an inaccurate plat act affidavit which Attorney Kramer had signed. Mr.McCurdy met with Administrator Graff to discuss annexation in order to get a building permit and Attorney Kramer was present at the meeting. He stated it was unclear who Attorney Kramer was representing,the seller or the United City of Yorkville. o Mr.McCurdy distributed information on Narvick Bros.Lumber Co.'s cement plant in the Fox Industrial Park. (See attached). He noted that the layout of their lot is similar to his lot. He questioned how the Narvick property was subdivided and stated that he spoke with City Engineer Joe Wywrot who stated that he was told by Attorney Kramer that the subdivision of the Narvick property did not go through the City but through the County. Mr.McCurdy felt it did not go through the normal channels. He went over the information he distributed to the City Council noting that Attorney Kramer represented the seller of the property and was the only attorney to sign any of the paperwork he presented. He again asked the City Council to consider getting a new City Attorney. Attorney Kramer responded to Mr.McCurdy's request. He stated that everything his firm does is subject to public scrutiny and open to public record and that if the City Council does not choose to have him as City Attorney that is their choice. He stated that Mr.McCurdy was confusing many laws and many points including those of his own business dealing with the City. Attorney Kramer stated that everything has been done above board,he has nothing to hide and that he welcomed having an alternate attorney deal with Mr.McCurdy. Alderman Sticka noted that Mr.McCurdy lodged a complaint against Attorney Kramer with the State of Illinois Attorney Disciplinary Commission and asked Mr.McCurdy what the outcome of the complaint was. Mr.McCurdy explained that the commission stated that they were not going to pursue it. Noise Ordinance Birgett Peterson,3025 Bristol Ridge Road,addressed the Council. She stated that at the June 22, 2004 City Council meeting she asked the Council to consider amending the Noise Ordinance to address construction noise. She stated that she has filed Freedom of Information requests with several other communities in the area to see if they have any ordinance that address this. Oswego responded to her request and indicated that they are in the process of drafting an ordinance addressing construction noise and it should be approved between September and October. She again asked the Council to consider a similar ordinance. Mayor Prochaska asked Administrator Graff to obtain a copy of Oswego's proposed ordinance and send it to the appropriate committee for consideration. Mrs.Peterson also noted that the city has an ordinance which calls for street sweeping and water trucks in construction areas. She stated she has not seen this occur on Bristol Ridge Road and noted that Sunset Avenue needs to be swept up to Bristol Ridge Road. Bristol Ridge Road Medians Don Peterson,3025 Bristol Ridge Road,addressed the Council regarding the medians on Bristol Ridge Road. He thanked Administrator Graff for preparing the presentation given at the last Committee of the Whole(COW)meeting regarding medians. He noted that both the study from Oswego Township and an article in the Beacon News on medians state that medians cause difficulties with snow plowing. He also questioned why McHugh Road was not extended with medians. He stated that the medians on Bristol Ridge Road are inconsistent with other streets in Yorkville. Mayor Prochaska explained that McHugh Road was designed for commercial traffic and has barrier curbs which make it difficult for cars to pull off the road. This design does not allow for a median or center island. Bristol Ridge Road will not have curbs but rather a wide shoulder. Mr.Peterson stated that the residents were told that the road was not coming closer to their homes on the west side of the road. He stated that at the COW meeting it was discussed that there will be a four foot gravel shoulder in front of his house. Mayor Prochaska confirmed this. Mr. Peterson stated that this will cause his mail box to be moved which is contrary to what he was originally told. He stated that the four foot shoulder was not reasonable. The Minutes of the Regular Meeting of the City Council—July 27,2004-page 3 Lois Seaton,3123 Bristol Ridge Road,addressed the Council regarding a letter from City Engineer Joe Wywrot to Mayor Prochaska which discussed the Bristol Ridge Road landscape easement. The first paragraph of the letter states that the right-of-way(ROW)width of Bristol Ridge Road varies between 85'and 100'and it is adequate to allow for future widening of the road to five lanes should the need occur. Mrs.Seaton asked for written verification stating that any more widening will not take land from her side of the road but rather from the Grande Reserve side. Mayor Prochaska stated that it is not know if this road will ever be widened to five lanes. He also noted that the ROW is owned by the taxpayers of Yorkville and any widening will stay in the existing ROW. Mrs.Seaton also stated that an individual driving a bobcat for the construction crew almost ran into her car. Chief Martin stated that if this happens again in the future,Mrs.Seaton should call the Police Department. PRESENTATIONS None. CONSENT AGENDA 1. Treasurer's Report for February and March 2004 2. Agreement with YBSD for Rob Roy Creek Interceptor-authorize the Mayor and City Clerk to execute 3. Engineering Agreement for North Branch of Rob Roy Creek Interceptor-authorize the Mayor and City Clerk to execute and to pay the engineer a lump sum of $159,750.00 based on the engineer's estimate of the proportion of the total services actually completed at the time of billing 4. Engineering Agreement for East Branch of Rob Roy Creek Interceptor-authorize the Mayor and City Clerk to execute and to pay the engineer a lump sum of$174,000.00 based on the engineer's estimate of the proportion of the total services actually completed at the time of billing 5. Fund Balance Reserve Contingency Fund Policy Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderwoman Ohare;seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Prochaska stated that he left the information on the last Plan Commission meeting on his desk and will update the Council at the next meeting. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from July 13,2004 and the minutes of the Committee of the Whole meetings from January 20,2004, May 5,2004 and June 15,2004;seconded by Alderman Kot. The following corrections were noted on the July 13,2004 City Council minutes: o Alderwoman Spears stated that on page 1,under Amendments to the Agenda,she believed that the Shred-co Contract should have been tabled until the next COW meeting not the City Council meeting. Mayor Prochaska corrected her by stating that items tabled are taken to the next City Council meeting for consideration. o Alderwoman Spears noted on page 6 of the minutes under Additional Business that the meeting would be between the two mayors and technically Montgomery has a Village President. Mayor Prochaska noted that he called her a mayor. o Alderwoman Ohare noted an error on page 4 under the Public Works Committee Report -Hydraulic Avenue Interceptor;the sentence should read"Mayor Prochaska noted that all the bids received were higher...." The following corrections were noted on the January 20,2004 COW minutes: o Alderman Besco noted an error on page 2;second paragraph,fourth line down. The word curves should be curbs. o Alderwoman Ohare noted that on page 3 Waubonsee is spelled incorrectly. o Alderwoman Spears noted an error on page 5,second paragraph,first sentence;the word to after Adhoc Committee should be deleted. o Alderwoman Spears stated that she did not understand the first sentence of the paragraph "Progress Holding PUD Agreement—EDC 1/15/04"on the same page. Mayor The Minutes of the Regular Meeting of the City Council—July 27,2004-page 4 Prochaska explained what Attorney Joyner said and stated that he felt the minutes correctly reflected how it was stated. o Clerk Milschewski noted that the second word in the fourth sentence of that paragraph should be was. o Alderwoman Ohare noted that the last word on page five should be are. The following corrections were noted on the May 4,2004 COW minutes: o Alderwoman Spears noted corrections on page 6. The first paragraph,last sentence should read"Applications for the program...." The first paragraph,third sentence under Public Works Committee Report,the word"address"should be"addresses"and the first word in the fifth line should be"intended". o Alderwoman Spears noted a correction on page 8,third paragraph,sixth sentence under Public Safety Committee Report;it should read the Public Safety Committee. o Alderwoman Spears questioned the wording of the third paragraph on page 8. Both Clerk Milschewski and Director Dhuse verified that the wording in the minutes was correct. The corrections were so noted. Mayor Prochaska asked for approval of the minutes as amended. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 18,2004 totaling the following amounts: checks in the amount of $669,922.22(vendor);$142,947.16(payroll period ending 7/10/04)for a total of$812,869.38; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye REPORTS MAYOR'S REPORT Intergovernmental Agreement with School District 115 Mayor Prochaska noted that Alderwoman Ohare attended the School Board meeting. Alderwoman Ohare reported that the School Board approved the Agreement. Mayor Prochaska noted the changes recommended by the School Board: o Page four—7b.—"This Agreement may be reviewed by the parties annually at which time any Agreement(insert"may"and remove"shall")be extended for an additional (insert"one(1)"and remove"three(3)"). o Page four—7b—third sentence-"...and to evaluate the shared,(change"margin"to "use"). Mayor Prochaska entertained a motion to approve the Intergovernmental Cooperative Agreement of the Yorkville Community Unit School District 4115 and the United City of Yorkville with the recommended corrections presented by the School District and to authorize the Mayor and City Clerk to sign the Agreement. So moved by Alderwoman Ohare;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,James-aye Purchase of Land for Countryside Center Pump Station Mayor Prochaska entertained a motion to authorize the City Attorney to prepare the documents to acquire land for the purpose of siting and constructing the Countryside Center Pump Station in the amount of$10.00 a square foot. So moved by Alderman Besco;seconded by Alderwoman Ohare. Mayor Prochaska noted that the lift station will connect to the interceptor between Route 34 and Kennedy Road to provide service up to Bristol Ridge Road. He stated the once the contract is drafted,it will return to the Council for their review. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,James-aye,Kot-aye Authorization for Design&Construction of Heartland Circle Pump Station Mayor Prochaska entertained a motion to authorize the siting,design and construction of the Heartland Circle Pump Station pending legal and engineering review working with the developer Richard Marker and Associates. So moved by Alderman Kot;seconded by Alderman Munns. • The Minutes of the Regular Meeting of the City Council—July 27,2004—page 5 Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,James-aye,Kot-aye,Munns-aye National Night Out Mayor Prochaska reported that National Night Out will be Tuesday,August 3,2004. He asked Chief Martin to verify the time of the event. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Pleckham reported that she placed information regarding the City's Standard&Poor's (S&P)rating in everyone's mailbox. She stated that the City has been assigned a rating of "A+/A-" DIRECTOR OF PUBLIC WORKS REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that on Thursday,July 29,2004 there will be a meeting for the River's Edge Park and that the Country Hills Park is 65%finished. CHIEF OF POLICE REPORT Chief Martin confirmed that the National Night Out would be held August 3,2004 at the Beecher Center from 5:30 to 7:30 P.M. There will be hot dogs and pop for$.25 and the Bristol-Kendall Fire District,the Police Department and the Citizens Police Academy Alumni(CPAA)will be participating in the event. McGruff the Dog will also be appearing. COMMUNITY&LIAISON REPORT Rotary Club Alderwoman Spears reported on the newly established Rotary Club who is sponsoring a"Support Our Troops"project which encourages children to write"thank you"notes to the military troops. The club will be asking for permission to post banners for the project in the downtown area. She stated that the club is growing rapidly and is currently looking for a new location for their meetings. She suggested that the City develop a policy for groups to use City Hall for meetings. Mayor Prochaska agreed that this should be looked into. Director Brown noted that the Riverfront Building is available if the club needs to use it. Alderwoman Spears also stated that the club is looking for donations and is proposing a pig roast fundraiser. American Legion Alderwoman Spears reported that the American Legion Auxiliary will be holding an USO Homecoming Celebration in November;a dance will be held on November 12,2004 and there will be a flab ceremony on November 14,2004 at 8:30 A.M. The Historic Court House will hold an art exhibit in conjunction with the event and the Washington Library is requesting video tapes of veterans for the event. Mayor Prochaska noted that he has also been working with the group on the November event. He stated that this is a great way to thank the nation's service people. School Board Alderwoman Ohare reported that she attended the School Board meeting where Land Cash funds were discussed. The Board would like to receive more funds but was reminded by Dr.Engler that the fund is to be used for"bricks and mortar". COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Reeular Meeting of the City Council—July 27,2004—paee 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-43 Marathon Petroleum-Granting Setback Variances 504 So.Bridge Street Bell Street/Corner Side Yard Variance(Building) A motion was made by Alderman Sticka to approve a variance request#10-7C-4.B1 from Marathon Ashland Petroleum.L.L.C.for a reduction of the required corner side yard from 30 feet to 5 feet from Bell Street for the building;seconded by Alderman Besco. Attorney Kramer explained that a written legal objection to the variance was filed with the Yorkville City Clerk. When an objection is filed,the main petitioner of the variances is required by law to also be served by certified mail or in person with the legal objection. He reported that just prior to the meeting,the petitioner's attorney,Greg Ingemunson,gave him an affidavit(see attached)stating that Andy Kummerer,the project engineer for Marathon Ashland Petroleum. L.L.C.never received a copy of the written protest. Mr.Kummerer signed the application variance request on behalf of Marathon. Because Mr.Kummerer was never served with a copy, a super majority vote was no longer needed to approve the variances. Alderman Sticks asked Attorney Kramer how an individual would know the technicalities of the written protest. Attorney Kramer stated that the person filing the objection should have been advised this by a lawyer. Attorney Ingemunson commented that the reason that the affidavit was presented just prior to the meeting is because,by law,Mr.Kummerer could have been served with the written protest any time up until the beginning of this meeting. This was not done so the affidavit was given to Attorney Kramer. He stated that the objectors did not follow the state statute correctly. Administrator Graff asked if it was the obligation of the City to notify Mr.Kummerer of the objection and Attorney Kramer stated that it was not the responsibility of the City but that of the person filing the objection. Alderman Kot clarified that a simple majority of Council votes was needed to approve the variances and Attorney Kramer stated that this was connect. Alderman Kot expressed his disappointment that this was being brought to the Council's attention moments before the vote. Attorney Kramer reiterated that the legal objection can be given to the petitioner or their attorney any time before the meeting begins. He explained that it does not have to be served by a sheriff or process server but can be just handed to the main petitioner of the variance and their attorney, if there is one. Alderwoman Ohare asked if four motions were needed to approve the variances and Attorney Kramer explained that four motions were needed because there are four individual variances. Alderwoman Spears stated that she opposed the variances. She commented that granting the variances will create more than a simple change;it will create a nuisance to the community. She stated that she has been contacted by residents who have expressed their concern about the operating hours. She stated that the property should be upgraded however the hours of operations limited. She added that if the variances are not granted and Marathon would choose to move,she felt that the property is in a highly desirable location and she did not feel a"fly by night"business would purchase the property. Alderman Munns stated that voting on the variances has been a difficult decision for him so he has driven by the gas station several times and even sat across the street from the station to watch the operation. He stated that he has weighed both sides of the issue and suggested that the Council vote their consciences. Mayor Prochaska reminded that Council that the issue on the table was not the hours of operation but variances for a new building. Alderman Sticks commented that he has given much thought to this issue and is following the logic that the City pays the Yorkville Economic Development Corporation$40,000.00/year to attract and keep businesses in Yorkville. He stated that the gas station has been at this location since 1967;it has been collecting sales tax for the City as well as paying real estate taxes. He commented that telling a long standing business who wishes to improve to"pick up their toys and go home"is not good. He stated that the Council is not here to decide the hours of operation but rather if Speedway can improve their property. He noted that the property at Routes 126 and 47 has been abandoned for eleven years and he did not want to see this repeated at this location. He stated that he supported the variances. The Minutes of the Regular Meeting of the City Council—July 27,2004—page 7 Alderman Kot stated that the City has tried to work with Speedway however the variances they are asking for are not standard requests,the City's Zoning Board of Appeals(ZBA) recommended that the Council not approve the variances;a vote for this goes against the Board and he did not feel all the landscaping issues have been resolved. Alderman Sticka clarified that all the members of the ZBA considering the variances voted in favor of them however there were not enough members present for the vote to pass. A motion was made by Alderman Kot to table a variance request#10-7C-4.B1 as presented; seconded by Alderwoman Spears. Motion defeated by a roll call vote. Ayes-2 Nays-5 James-nay,Kot-aye,Munns-nay,Ohare-nay,Spears-aye,Sticka-nay,Besco-nay Alderman Besco stated that he supported the variances because Speedway has been a good business for the City and at their location a long time;longer than some houses in the area. He stated that he did not believe it was right to chase a business out of the City. Alderwoman Ohare stated that she had difficulty accepting the amount of the variance;reducing the setback from 30 feet to 5 feet. Alderman James explained that the current ordinance establishes the setback as 30 feet however the building's existing setbacks do not meet this ordinance. He asked what the current distance to Bell Street is and Mr.Kummerer stated that it is approximately 10.5 feet. Alderman James asked if the green space was going to stay the same and Mr.Kummerer stated that it was with the foot print of the blacktop changing. There was no further discussion. Motion approved by a roll call vote. Ayes-4 Nays-2 Present-1 Sticka-aye,Besco-aye,James-aye,Kot-nay,Munns-aye,Ohare-present,Spears-nay Bell Street/Corner Side Yard Variance(Building) A motion was made by Alderman Sticks to approve a variance request#10-7C-4.B1 from Marathon Ashland Petroleum.L.L.C.for a reduction of the required corner side yard from 30 feet to 16 feet from Bridge Street(Route 47)for the building;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-2 Kot-nay,Munns-aye,Ohare-aye,Spears-nay,Sticka-aye,Besco-aye,James-aye Bell&Bridge Street/Corner Side Yard Variance(Canopy) A motion was made by Alderman Sticka to approve a variance request#10-7C-4.B1 from Marathon Ashland Petroleum.L.L.C.for a reduction of the required corner side yard from 30 feet to 21 feet from Bell Street and Bridge Street(Route 47)for the canopy(a structure);seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-2 Munns-aye,Ohare-aye,Spears-nay,Sticka-aye,Besco-aye,James-aye,Kot-nay Reduction Between Principal Building and Accessory Structure Variance A motion was made by Alderman Sticka to approve a variance request#10-7C-4.B1 from Marathon Ashland Petroleum.L.L.C.for a reduction of the separation between the principal building and an accessory structure from 10 feet to 6 feet;seconded by Alderman James. Alderwoman Spears commented that she was not in favor of kicking businesses out of the community but she is more in favor of representing the residents. Motion approved by a roll call vote. Ayes-5 Nays-2 Ohare-aye,Spears-nay,Sticka-aye,Besco-aye,James-aye,Kot-nay,Munns-aye Ordinance 2004-44 Richard Marker&Associates—Granting Special Use Request 708 E.Veteran's Parkway A motion was made by Alderman Sticka to approve an ordinance granting a Special Use for the property located at 708 E.Veteran's Parkway,Yorkville,Illinois fora daycare/preschool facility and to authorize the Mayor and City Clerk to execute the documents;seconded by Alderman Besco. Alderwoman Ohare asked if the special use was for a business or residence. Mayor Prochaska clarified that the special use will not be in a home. The Minutes of the Regular Meeting of the City Council—July 27,2004—paee 8 Alderman Sticka reported that the Plan Commission discussed the routing of traffic for the facility and the petitioner has changed the plan to allow for a better circulation of traffic. It was also noted that additional parking away from the street has been provided. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye Resolution 2004-23 Approving Preliminary/Final Plat for Cornerstone A motion was made by Alderman Sticka to approve a resolution approving the Preliminary and Final Plats of Subdivision for Triangle Properties,L.L.C.,known as the Cornerstone Project and to authorize the Mayor and City Clerk to execute the plats upon final engineering review; seconded by Alderman James. Mayor Prochaska noted that the property is located at the corner of Greenbriar and Route 47 and the project is for both commercial and residential. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye, PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body. He asked that City Clerk Milschewski,City Treasurer Powell,Administrator Graff and City Attorney Dan Kramer be included. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Besco-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticks-aye Mayor Prochaska noted that no action would be taken. The Council took a break and entered into Executive Session at 8:40 P.M. The Council returned to regular session at 9:10 P.M. Mayor Prochaska reminded that Council to contact City Secretary Annette Williams with their IML Conference reservations. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 9:11 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois `�0� ��I- United City of Yorkville Memorandum AIL 800 Game Farm Road EST ``�----,gs. Yorkville, Illinois, 60560 o Ips~ Telephone: 630-553-4350 ° Fax: 630-553-7575 °<tE \‘-`' Date: August 18, 2004 To: Mayor and City Council From: Lori Thomas - Accounting Clerk CC: Treasurer Powell, Department Heads Subject: Detail Board Report Update Per the discussion at the 8/17/04 Committee of the Whole meeting, a change has been made on page 11 of the Detail Board Report (Invoice due on/before 8/24/04). The $1,440.00 invoice to Gary Gates should only be for $200.00. The revised bill list total should be $656,632.36. An updated summary reflecting the change is attached. UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 08/07/04 Revised 8/17/04 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $17,837.06 $0.00 $17,837.06 $1,364.53 $1,637.60 $20,839.19 ENGINEERING $9,240.90 $41.13 $9,282.03 $710.06 $934.70 $10,926.79 POLICE $45,598.49 $377.22 $45,975.71 $3,517.17 $287.47 $49,780.35 PUBLIC WORKS $18,815.03 $837.43 $19,652.46, $1,503.45 $1,799.14 $22,955.05 LIBRARY $5,283.93 $0.00 $5,283.93 $404.20 $330.62 $6,018.75 RECREATION $10,114.47 $0.00 $10,114.47 $773.77 $635.12 $11,523.36 PARKS $12,748.84 $102.86 $12,851.70_ $983.15 $951.00 $14,785.85 TOTALS $119,638.72 $1,358.64 $120,997.36 $9,256.33 $6,575.65 $136,829.34 TOTAL INVOICES 8/24/2004 $656,632.36 TOTAL PAYROLL 8/7/2004 $136,829.34 TOTAL DISBURSEMENTS $793,461.70 08/19/2004 09 58 FAX 630 553 5764 DANIEL J. KRAMER Vt008/012 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ORDINANCE NO.2004- ORDINANCE APPROVING VARIANCES INCREASING THE NUMBER OF WALL SIGNS ON A MULIT-TENANT BUILDING AND INCREASING THE MAXIMUM AMOUNT OF ALLOWABLE WALL SIGNAGE FOR THE BUSINESS LOCATED AT 135 E. VETRANS PARKWAY (DUY'S SHOES) WHEREAS, Tod Duy and Karla Duy d/b/a Duy's Shoes and Sportswear filed ZBA Petition 2004-11 requesting a variance to increase the number of wall signs on a multi-tenant building and increase the maximum amount of allowable wall signage from ten percent (10%) of the facade to fifteen percent(15%)of the facade for the business located at 135 E. Veterans Parkway for the business located at the property specifically described in the attached exhibit "A"; and WHEREAS, the Petitioners plan to substantially improve the real property to enhance the value of the property, improve the aesthetics of the neighborhood,and promote safe travel along Route 34; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition; and WHEREAS, the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought; and WHEREAS, the Zoning Board of Appeals recommended the approval of said requests; 1 08/19/2004 09.58 FAX 630 553 5764 DANIEL J. KRAMER 009/012 and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearings and have determined that the requested variances are appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit "A": 1. Section 8-11-4(C)(3)(b) of the United City of Yorkville Zoning Code is hereby varied to allow an additional sign for Tod Duy and Karla Duy d/b/a Duy's Shoes and Sportswear located at the multi-tenant building commonly known as 135 E. Veterans Parkway. That the aforementioned additional sign shall be constructed in conformance with Exhibit"B"attached hereto an incorporated herein by reference. 2. Section 8-11-7D of the United City of Yorkville Zoning Code is hereby varied to allow an increase the maximum amount of allowable wall signage from ten percent (10%) of the facade to fifteen percent(15%)of the facade for Tod Duy and Karla Duy d/b/a Duy's Shoes and Sportswear located at 135 E. Veterans Parkway. That the aforementioned additional sign shall be constructed in conformance with Exhibit"B". 3. The variances granted herein are contingent upon the construction of the ground sign identifying the business according to the design, plan and specifications 2 08/19/2004 09 58 FAX 630 553 5764 DANIEL J. KRAMER a 010/012 presented to the Zoning Board of Appeals and the City Council. No other variances from the City Code for design,plan or specifications for said structure shall be permitted. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 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. 2003. Attest: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 3 08/19/2004 09:56 FAX 630 553 5764 DANIEL J. KRAMER 111011/012 EXHIBIT"A" Legal Description of Property: 4 08/19/2004 09.58 FAX 630 553 5764 DANIEL J. KRAMER a 012/012 EXHIBIT"B" Signage Sketch 5 013/19/2004 09 57 FAX 830 553 5764 DANIEL J. KRAMER a 002/012 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- ORDINANCE APPROVING VARIANCES FOR 106 BEAVER STREET, YORKVILLE, ILLINOIS WHEREAS, Beaver Street, LLC an Illinois Limited Liability Company, filed ZBA Petition 2004-12 requesting a variance from the United City of Yorkville Zoning Ordinance Section 10-11-3E to allow parking in the front yard as depicted in the attached Exhibit"A"; and WHEREAS, the Petitioners plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition; and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought; and WHEREAS, the Zoning Board of Appeals recommended the approval of said requested variances to the City Council; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearings and have determined that the requested variances are appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 1 09/19/2004 09. 57 FAX 630 553 5764 DANIEL J. KRAMER a003/012 • THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit"A": 1. 10-11-3E of the United City of Yorkville Zoning Code is hereby varied to permit parking in the front yard of the property as depicted in the attached Exhibit"A". IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE JOSEPH BESCO _ VALERIE BURL) 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. 2003. Attest: CITY CLERK 2 08/19/2004 09 57 FAX 630 553 5764 DANIEL J. KRAMER a 004/012 Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 3 08/19/2004 09:57 FAX 630 553 5764 DANIEL J. KRAMER Z005/012 EXHIBIT"A" Legal Description and Parking Plan of Property: 4 08/20/2004 09: 48 FAX 830 553 5764 DANIEL J. KRAMER Z002/003 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) RESOLUTION NO.: HFSOT.'TTTON RECOMMENDING THE UEJ TING OF WARTS TN THE I INTIM")CITY OF YORK VJT.T.F TO THF COT INTY CLERK OF THE COT TNTY OF KFNT)AI.I WHEREAS, the UNITED CITY OF YORKVILLE is experiencing substantial growth; and WHEREAS, the UNITED CITY OF YORKVILLE after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to recommend updating the existing wards of the United City of Yorkville to include territories that have been annexed to the United City of Yorkville; and WHEREAS,there is both a Constitutional and Statutory duty of the City to provide a recommendation to update the existing wards of the United City of Yorkville to the County of Kendall County Clerk; NOW BE IT RESOLVED THAT THE UNITED CITY OF YORKVILLE hereby recommends to the County of Kendall the updating of existing wards as set out in the ward map dated August 24, 2004 on file with the United City of Yorkville Clerk. PASSED AND APPROVED this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 08/20/2004 09:48 FAX 630 553 5764 DANIEL J. KRAMER a 003/003 MAYOR ATTEST: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 08/18/2004 16:26 FAX 630 553 5764 DANIEL J. KRAMER 2 003/003 , `,c�D CTA United City of Yorkville `-'. County Seat of Kendall Count EBT. 1836 ��' 800 Game Farm Road ,� ^ 0 Yorkville,Illinois 80550 O • Q 11 , p Phone:630-553-4350 'P ' "'` $ Fax:630.553.7575 August 16,2004 • Joe Wywrot City Engineer United City of Yorkville . 800 Game Farm Rd. Yorkville,IL 60560 RE: Hydraulic Avenue Interceptor--IDOT Highway Permit and Resolution Dear Joe: Please be advised that I have reviewed the Illinois Department of Transportation Highway Permits and Resolution for the above referenced matter and it is an acceptable ' form. Should you have any questions please feel free to contact me. teery Truly Yours, 0...10 ), y....t.., Daniel J. Kramer, Attorney at Law . DJK/cth UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Hydraulic Avenue Interceptor—IDO1'Highway Permit&Resolution Date: August 16, 2004 Attached find one copy of the proposed IDOT Highway Permit application for construction of the referenced project. Also attached is the normal resolution that DOT requires to adopt prior to issuance of the permit. The contract for this project has been awarded. To avoid a delay in construction we need to execute these documents and submit them to IDOT as soon as possible, therefore please place this item on City Council agenda of August 24, 2004 for approval. it e,k71(ge 01) k ( /II piAl Cc: Dan Kramer, City Attorney Liz D'Anna, Deputy City Clerk Illinois Department of Transportation Highway Permit District Serial No. PMT227ac/L-9195 City of Yorkville (We) c/o Walter E. Deuchler Assoc., Inc. 230 Woodlawn Ave. (Name of Applicant) (Mailing Address) Aurora IL 60506 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as IL Route 47 Section From Station * to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: • Located at Hydraulic Ave. -Yorkville. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a sanitary sewer installation using bore and jack methods and related improvementsas shown on the attached plans which become a part hereof. The applicant shall notify Steve Niemann, Field Engineer, Phone: 815-942-0351 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. The State right-of-way shall be left in good condition. (No advertising matter shall be placed on the State right- of-way). All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of , 20 Witness Signed Applicant Mailing Address Mailing Address City State City State SIGN AND RETURN TO: District Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation CC:Applicant(2) Field Engineer Final Inspection BY: District Engineer SPECIAL PROVISIONS Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the District Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The Department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. The excavation under the pavement shall be replaced with controlled low strength material, and the pavement replaced in accordance with pavement replacement details. All excess material shall be removed from the highway right-of-way. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the State right-of-way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. The diameter of any bored hole shall not be more than one (1) inch larger than the outside diameter of the pipe. Boring of pipe over six (6) inches in diameter shall be accomplished with an auger and following pipe. Borings six (6) inches and under may be accomplished by either jacking or auger and following pipe method. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten (10) feet plus the depth of excavation from the edge of pavement. No open ditch or trench severing the roots of trees or shrubs shall be dug any closer than three (3) feet, or two- thirds (2/3) the distance from the central stem to the dropline of the tree, whichever distance is the greater. All installations within this root zone area shall be made by augering at a depth of not less than thirty (30) inches. It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control have been satisfied. PMT227ac/L-9195 First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. RESOLUTION WHEREAS, the City of Yorkville located in the county of Kendall, state of Illinois, wishes to install sanitary sewer under IL 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said City of Yorkville; now THEREFORE, be it resolved by the City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed sanitary sewer by the contractor and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the contractor to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed worker is not, (delete one) to be performed by the employees of the City of Yorkville. FOURTH: That the proper officers of the City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the City of Yorkville. , hereby certify the above to be a (City or Village Clerk) true copy of the resolution passed by the City Council, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION 08/02/2004 07:47 FAX 630 553 5764 DANIEL J. KRAMER 002/013 STATE OF ILLINOIS ) )ss. COUNT'OF KENDALL ) ORDINANCE NO.2004- AN ORDINANCE GRANTING REZONING FOR CARA BEHRENS (TRAVEL SERVICES OF YORKVILLE,INC.) FROM R-2 ONE FAMILY RESIDENCE DISTRICT TO B-2 GENERAL BUSINESS DISTRICT WHEREAS,the City Council,and the City Plan Commission of the United City of Yorkville have held all necessary Public Hearings and considered the application of CARA BEHRENS(TRAVEL SERVICES OF YORKVILLE, INC.) as Contract Purchaser of the real property legally described in the attached Exhibit"A"for the purpose of modifying and amending the zoning of said real property to provide a change in Zoning from R-2 One Family Residence District to B-2 General Business District; and WHEREAS,publication was duly made in the Kendall County Record giving notice to all those interested parties as required under Illinois Compiled Statutes and Ordinances of the United City of Yorkville of the proposed amendment to the Zoning Map of the United City of Yorkville, modifying and amending the zoning of the real property legally described in the attached Exhibit"A" from R-2 One Family Residence District to B-2 General Business District, WHEREAS, a positive recommendation has been made from the Plan Commission to the 1 OB/02/2004 07.47 FAX 630 553 5764 DANIEL J. KRAMER Q003/013 City Council recommending approval of said amendment to the Zoning Map of the United City of Yorkville permitting said property to be zoned B-2 General Business District. WHEREAS, the Plan Commission has recommended certain conditions be attached to the Ordinance granted pursuant to the Ordinances of the United City of Yorkville as follows: 1. That Owner and its successors,heirs, and assigns shall be permitted all uses on the subject parcel contained in the United City of Yorkville Zoning Ordinance for B-2 General Business District(a copy of which is attached hereto and incorporated herein as Exhibit "B") including any amendment which may be added as to the list of permitted uses by City Ordinance at any time in the future as to permitted uses. NOW THEREFORE,UPON MOTION DULY MADE,SECONDED,AND APPROVED by a majority of those members voting of the City Council of the United City of Yorkville do ORDAIN and APPROVE an amendment to the Zoning Map of the United City of Yorkville changing the zoning of the subject parcel from R-2 One Family Residence District to B-2 General Business District, WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 2 06/02/2004 07:47 FAX 630 553 5764 DANIEL J. KRAMER R2004/013 APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of ,A,D. 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 630.553.9500 3 OB/05/2004 15:25 FAX B30 553 57B4 DANIEL J. KRAMER a001/00B STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR CARA BEHRENS (TRAVEL SERVICES OF YORKVILLE, INC.) Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S.Bridge St. Yorkville,IL 60560 630.553.9500 1 08/05/2004 16 25 FAX 630 553 5764 DANIEL J. KRAMER fh002/008 DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to "Agreement", is made and entered into this day of , 2004,by and between CARA BEHRENS d/b/a Travel Services of Yorkville, Inc. an Illinois Corporation,hereinafter referred to as "OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as"CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property, hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located within the United City of Yorkville and is currently zoned R-2 One Family Residential District and is commonly known as 801 N. Bridge Street, Yorkville, Illinois; and WHEREAS, the OWNER/DEVELOPER has petitioned the CITY to rezone the property to B-2 General Business District; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER has informed the CITY that she intends to utilize the property as a retail travel agency; and WHEREAS, the DEVELOPER,their vendors, grantees, assigns, successors,trustees, and all others holding any interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any future owner or developer and their representatives; NOW,THEREFORE,the CITY and the DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I LANDSCAPE AND BUFFERING The OWNER/DEVELOPER agrees that she shall comply with and conform the landscape improvements for the subject property to the Site Plan attached hereto and incorporated herein as Exhibit"B", within one year of execution of this Agreement. In the event 2 OB/05/2004 15:25 FAX 630 553 5764 DANIEL J. KRAMER f j003/006 that the adjoining land owner of the southern boundary of said property files a petition to rezoning the adjoining property to a business zoning classification with the United City of Yorkville within one year of execution of this Agreement, Petitioner shalt not be required to comply with the landscaping depicted on the attached Site Plan,but shall be allowed to revise the landscape plan so long as it is in conformance with the United City of Yorkville Landscape Ordinance ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be pursuant to the preliminary site plan approved by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit"B" which shall further contain all preliminary landscape requirements to be developed on site. In the event that OWNER/DEVELOPER or their heirs, successors and assigns desire to deviate from the site plan attached as Exhibit"B"approval from the United City of Yorkville City Council shall be obtained. That OWNER/DEVELOPER will be bound by any Architectural Overlay Ordinance or similar ordinance enacted by the CITY after the date of execution of this Agreement, so long as the same are applied to the surrounding properties with similar zoning classification in a nondiscriminatory manner. ARTICLE III PROPERTY USE The OWNER/DEVELOPER and CITY acknowledge that the Property is rezoned to B-2 General Business District, and any permitted uses as defined by the United City of Yorkville Zoning Code B-2 General Business District shall be allowable uses on the Property. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date the date of execution by the parties. ARTICLE V MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor 3 08/05/2004 15.25 FAX 630 553 5764 DANIEL J. KRAMER t 004/00B municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. B. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby. C. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail,postage-prepaid, return receipt requested, to the Parties at the addresses given below or at such other address as may be specified by written notice. If to OWNER/DEVELOPER: Cara Behrens 422 Fairhaven Drive Yorkville, IL 60560 It to the City: United City of Yorkville United City of Yorkville Attn: Daniel J. Kramer, City Attorney Attn: Tony Graff, City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville, IL 60560 Yorkville, IL 60560 IT WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2004. United City of Yorkville, Illinois By: Arthur F. Prochaska, Jr., Mayor ATTEST: City Clerk 4 08/05/2004 15:25 FAX 630 553 5764 DANIEL J. KRAMER Q1005/006 OWNER/DEVELOPER: TRAVEL SERVICES OF YORKVILLE, INC. By: Cara Behrens Cara Behrens 5 08/05/2004 15:25 FAX 630 553 5764 DANIEL J. 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PATIO / 1 � ! �-- TL)RFGP.A55 SEED 1 , � AC + TYPICAL PA 1 1 ' + ' I ` ' W TYPICAL r PATIO + 0+ / In I TYPICAL PATIO - --_ -_- __--- - , Lp r } Z 1 -- -- - + AC + W W ..� r— ------ ----------- 1 W 1 r i � � ll I p Z >+ + -}- W z IAC) 1 + / L6 In ff r 3' ConIG WALK Il iri■ C W r V- 1 r +� TYPICAL OR4AME7NTAL + 1IfI1I PIL PDtEDUrOxALS ti ` } / Q ZC)+ p AC TYPICAL I��I J� P 0 N ©p 4-D©0S TYPICAL + + p++ + + O = C 1 + + + V M M �i + •+ V % I 35" SETBACK + / ' r + LT r N 3 CC*W—'W—' WALK / ` + + O ■ O r ti.rw+ RIVAN�N J //��++��]��tt55 r i TY __ ._ y yf A e , \` •� �[V-" �� - -_ -p - -"•K ' ,,. ' .ra.-`.T s-i. _ r�•ee?«.. '.'!,pf _ 1 i v p •i.,- -n G ti +1/R�:iV VLT ... - 4 TYPICAL DEClDUOV$ i r SOp / Rs TYPICAL EVERaRF.FN TYPICAL CX44AMENTAL TREE � � TYPICAL. PERINI qAL i � t 1 �� LW � e— TYPICAL + + / TYPICAL :44ADE 3CY SETBACK ' TP N - - - - - - � - — - - -+- - � - - - - - - - - — — — — - - - - - - - - - - \ + I E 1 + TYPICAL 5TI�T TRETE 9 CC�IVC. SIDEW r i •�� I C: co N I \ �V Ur II TYPICAL I \ W 1 T� z TYPICAL CUL-PE-SAC UNIT LANDSCAPE PLAN I �A5S 1 ru .�ss SCALE X12'—a° f80' --- -�- —5 OD -- _ __ —__--.—_ ----_— _--,—_ . -- -- —_-- PLAnrT' MATS LIST .9 C XCIVAM COMMON NAME SIZE c% SYMBOL SCIENTIFIC NAME DECIDUOUS Acer rubrum 'Autumn Flame' Autumn Flame Maple 2 112"CAL. Z ., TREES Swamp White Oak 2 112` CAL. Q f Quercus bicolor , •2 S a ORNAMENTAL Malus'Spring Snowl' Spring Snow Crabapple 2"CAL. a TREES S rrn a retculata W Japanese Tree Lilac 211 CAL. m DECIDUOUS Euonymus alatus'Compactus' Compact Burning Bush 24" Q SHRUBS O Fothergilla gardenil Dwarf Fothergilla 24„ N TYPICAL 5TRE T7?EE "eavirginica'Lr}kie Sprich' Little Henry Sweetspire =E•C' 24,E � Spiraea x bumelda 'Anthony Waterer' Anthony Waterer Spirea 24" Spiraea x bumalda'Goldflame' Goldflame Spirea 24" r Syringa x meyeri'Pal ibin' Dwarf Korean Lilac 24" Z d Viburnum carlesii Koreanspice Viburnum 36 - - _ - - - _ _ - _ - Viburnum x juddii Judd Viburnum 24" J o_ EVERGREEN Buxus microphylla 'Winter Green' Winter Green Boxwood 181, �• i SHRUBS Rhododendron'P.J.M.' P.J.M. Rhododendron 24" 0 W to PERENNIALS& ,� Cc Coreopsis verticillata'Zagreb' Zagreb Coreopsis 1 GAL. o GROUNDCOVER Q Geranium 'Johnson's Blue' Johnson's Blue Geranium 1 GAL. a x o Geranium sanguinea var.striatum Hardy Geranium 1 GAL. J TYPICAL UNIT LAN[?S(:APE PLAN / Heme u / rocallrs Sunny Honey' Sunny Honey Dayhly 1 GAL.Hosta ' Minuteman Hosta 1 GAL. V • i Li ope spicataVariegata' Variegated Lilyturf 1 GAL. e sCAtE. r�so�-c� Ne eta x faasseniiFaassen's Catmint 1 GAL. E U E Rudbe m � N ,Q.1 �ckia fulgida Goldsturm' Black-eyed Susan 1 GAL. a Salvia x superba'May Night' Perennial Salvia . 1GAL. A0 > a. 0 rri Vinca minor'Bowles' Periwinkle 3" POT 6i ORNAMENTAL Calamagrostis acutiflora'Karl Foerster' Feather Reed Grass 1 GAL. z GRASSES Miscanthus sinensis'Silberfeder' Maiden Grass 1 GAL. SHEET NUMBER 0 Miscanthus sinensis'Variegatus' Variegated Japanese Silver Grass 1 GAL. Pennisetum alcpecuroides'Hameln' Dwarf Fountain Grass 1 GAL. OF I