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City Council Packet 2004 12-14-04 United City of Yorkville ESf.Ittl 1836 County Seat of Kendall County .��� 800 Game Farm Road J� « Yorkville, Illinois, 60560 -p ' 0 Telephone: 630-553-4350 E `yam Fax: 630-553-7575 Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, December 14, 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, December 27, 2004 To be announced Economic Development Committee: 7:00 p.m., Thursday, December 16, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, January 6, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, January 13, 2005 City Hall Conference Room City Council Meeting Agenda December 14, 2004 Page 2 Public Hearings: 1. Concord Homes, Petitioner, has requested an Amendment to Annexation and Planned Unit Development Agreement requesting to allow townhomes within Unit 4 of the Raintree Village subdivision located South of Route 126 and East of Prairie Crossing Drive in the United City of Yorkville, Kendall County, Illinois 2. 2004 Tax Levy Citizen Comments: Presentations: 1. Citizen Appreciation Award— Stephen Buell, Witness in Hit& Run Accident 2. Commendation—Larry Hilt, Investigation of Hit & Run Accident 3. Commendation—Larry Hilt, Investigation of Sexual Assault 4. Certificate of Achievement —Patrick McMahon, Graduation from Academy 5. Certificate of Achievement —Raymond Mikolasek, Graduation from Academy 6. Certificate of Achievement —Raymond Mikolasek, John Bowman Marksmanship Award 7. Certificate of Achievement —Raymond Mikolasek, Clifford W. VanMeter Scholastic Achievement Award Consent Agenda 1. Parks Master Plan - approve revisions as recommended by the Park Board 2. Watershed Planning Implementation Program Donation - authorize contribution in an amount not to exceed $3000.00 3. Water Reports for September and October 2004 4. Well #7 Treatment Facility —Change Order#4 -authorize increase in an amount not to exceed$9368.50 for changes to the building and well controls and authorize 7 additional days to the contract and authorize Mayor to execute 5. Well #8 — Change Order#1 -authorize decrease in an amount not to exceed$39,145.50 and authorize Mayor to execute 6. Smith Engineering Agreement for an"as needed basis" - authorize Mayor to execute 7. Building Permit Report for September 2004 8. Police Reports for October 2004 9. Emergency Generator Change Order - authorize increase in an amount not to exceed$2500.00 for moving the location of generator 10. Request to Purchase Trucks—authorize purchase of sewer department utility truck in an amount not to exceed$56,100.00 plus the cost of title and license plates to be paid from the public works equipment capital budget. Authorize purchase of parks department landscape utility truck in an amount not to exceed$38,100.00 plus the cost of title and license plates to be paid from the public works equipment capital budget. Authorize purchase of engineering department truck in an amount not to exceed S29,800.00 plus the cost of title and license plates to be paid from the public works equipment capital budget, base cost of truck to he repaid to public works from the engineering budget. City Council Meeting Agenda December 14, 2004 Page 3 Plan Commission/ Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — October 12, 2004, October 26, 2004, and November 9, 2004 Minutes of Committee of the Whole— December 2, 2003 Minutes of Joint City Council and Plan Commission— September 15, 2004 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,359,021.50 (vendors) $ 149,969.80 (payroll period ending 11/13/04) $ 1,508,991.30 (total) Reports: Mayor's Report: 1. Swearing-In of Patrick McMahon 2. Swearing-In of Shirley Kubicz 3. Swearing-In of Steven Bozue 4. Appointment of John Wyeth as City Attorney, Effective January 1, 2005 5. IEPA Brownfields Grant Agreement 6. Due to the Christmas holidays, the December 28 City Council packets will be distributed on Wednesday, December 22, 2004 Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community & Liaison Report: City Council Meeting Agenda December 14, 2004 Page 4 Committee Reports: Public Works Committee Report: 1. Hydrogeology and Water Quality Study for a Potential Development of a Safe Secondary Municipal Water Supply from the Shallow Aquifer Within the Northwest Planning Area Economic Development Committee Report: 1. Ordinance Granting Rezoning for Carolyn Herren from R-2 One Family Residential District to B-3 Service Business District 2. Resolution Approving Preliminary/ Final Plat for Grande Reserve Unit 9 3. Resolution Approving Preliminary Plat for Woodworth Estates Public Safety Committee Report: 1. Request for Budgeted New Police Officer Administration Committee Report: 1. Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2005 and Ending April 30, 2006 in and for Special Service Area 2004-201 (Fox Hill) Additional Business: Executive Session: 1. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004 —2005 ;PUBLIC WORKS, —_-_--- — -------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd City Council Meeting Agenda December 14, 2004 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004 —2005 (Con't) ECONOMIC 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 ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOLOGY; Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare } UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 630/553-4350 PC # c)(1 APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT The Highlands Development Name: (Ra i ntree Vi 11 age) Date of Submission: November 8, 2004 1. Name of Petitioner(s): Concord Homes Address: 1540 E. Dundee, Suite 350; Palatine, IL 60074 Phone Number:847/776-0350 Fax Number: 847/776-0392 Relationship of Petitioner(s)to subject property: [] Owner If Developer X Ty Contract Purchaser 2. Name of holder of legal title, if different from#1: Wyndham Deerpoi nt Homes If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: N/A 3. a). Street address and physical location of subject property: South of I l Rte. 26, east of Prairie Crossing Drive b). Legal description of property; attach as Exhibit"A". c). Total Acreage: +/- 60.208 d). Kendall County Parcel Number(s) of property: N/A e). Current Zoning Classification: R-2d2 Planned Unit Development f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Page 1 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 5. Date of Annexation or PUD Agreement sought to be amended: December 10, 2002 Name ofAgreement:Amendment to Annexation Agreement; Annexation Agreement;Pl anned Unit Development Agreement Date of Recording: January 28, 2003 Attach a true and correct copy of agreement as Exhibit"C". 6. State the items to be amended from the existing annexation or PUD agreement. Amend the Annexation Agreement to allow townhomes within Unit 4 of the Highlands (Raintree Village) PUD 7. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: Bill French; Concord Homes; 1540 E. Dundee, Suite 350; Palatine, IL 60074 847/776-0350 x146; 847/776-0392 (fax) Attorney: Name: N/A Address: Phone Number: Fax Number: Engineer: Name: Jacob & Heffner Address:739 Roosevelt Road, Suite 100; Glen Ellyn, IL 60137 Phone Number:630/942-9000 Fax Number630/942-1774 Land Planner: Name: JenLand Address: 5517 N. Cumberland, Suite 906; Chicago, IL 60656 Phone Number:773/763-3320 Fax Number: 773/763-3325 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application"Petitioner Route, Step 1,Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan(if necessary): 40 sets folded to fit in a 10"x 13"envelope In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Date: Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.) w..vC.a— ,.."(9 Subscribed and sworn to before me this 't-- day of /0,..!(.6?4c.. 4: -- , 200 I f- . -(-4 S Notary Seal THIS APPLICATION MUST BE NOTARIZED. Z ©FFICi L SE 4I KAREN BLAKE . Notary Public, State of Illinois My Commission Expires 10/06/07 444 +1""` yam + 1. Page 3 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment- $500 b. Deposit for Outside Consultants -under 2 acres =$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three (plus one alternate) City Council members. Before this amendment can move forward to Committee of the Whole, a"draft"Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement,PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Page 4 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Ill' ois 60560. ,,ems✓ Signature of Petitioner Page 5 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 EXHIBIT "A" THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, TOWNSHIP 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE NORTH 00°03'41" EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 775.42 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 126; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 6875.55 FEET, AN ARC LENGTH OF 232.44 FEET, A CHORD BEARING OF NORTH 4938'17" WEST AND A CHORD DISTANCE OF 232.43 FEET TO THE NORTHEAST CORNER OF RAINTREE VILLAGE, UNIT THREE ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 19, 2004 AS DOCUMENT NO. 04-23275; THENCE SOUTH 38'42'59" WEST ALONG THE SOUTHEASTERLY LINE OF SAID UNIT THREE, 1716.64 FEET TO A POINT OF CURVATURE ON THE SOUTHERLY LINE OF RAINTREE VILLAGE, UNIT TWO ACCORDING TO THE PLAT THEREOF FECORDED AUGUST 19, 2004 AS DOCUMENT NO. 04-23274; THENCE SOUTHWESTERLY AND WESTERI'Y ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 341.45 FEET, A CHORD BEARING OF SOUTH 63'47'52" WEST AND A CHORD DISTANCE OF 330.65 FEET; THENCE SOUTH 88'52'46" WEST ALONG THE SOUTHERLY LINE OF SAID UNIT TWO, 399.03 FEET; THENCE SOUTH 01'07'14" EAST, 776.,99 FEET TO THE NORTH LINE OF PARCEL ONE AS DESCRIBED BY DOCUMENT NO. 78-2764, RECORDS OF KENDALL COUNTY; THENCE NORTH 88-'52'46" EAST ALONG SAID NORTH LINE, 1933.19 FEET TO THE EAST LINE OF THE NORTHWEST CORNER OF SECTION 10; THENCE NORTH 00'06'21" WEST ALONG SAID EAST LINE, 1306.62 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (CONTAINING 60.208 ± ACRES). EXHIBIT "C" STATE OV YLLIJkbIS ) ) ss COUNTY ogl KP'. ,TDALL ) 2003000022858 Filed for, Record it KENDALL COUNTY. ILLINOIS PAUL ANDERSON O1—E8-2()O3 At 0::: 1E PM. ORDINANCE 18. 00 ORDINANCE NO. 2002 - S� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF WYNDHAM DEERPOINT HOMES and CREEK PARTNERS, L.L.C. (THE HIGHLANDS SUBDIVISION) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and -1- WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended, for the execution of said Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City,an Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOTMARTY MUNNS ROSE SPEARS � RICHARD STICKA -2- APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this \C)'-fday of , A.D. 20ta / /./'_1.e /Z/4-4/1 MAYOR L PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this 1p*I day of , A.D. 200 Attes CITY LERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Wehrli Property Legal Description T PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 35 ?TH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE T LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 WHICH IS 798.6 FEET NORTH OF THE SOUTHWEST CORNER OF ) SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID WEST LINE 798.6 FEET TO THE SOUTHWEST CORNER OF SAID 1THWEST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, 1322.36 T TO A POINT THAT IS NORTH 00' 04' 21" WEST 2306.58 FEET AS MEASURED ALONG SAID WEST LINE FROM THE ITN LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID TION 10; THENCE NORTH 88'56' 46" EAST 2652.37 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID TION 10; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 0 THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO AN OLD CLAIM RUNNING NORTHEASTERLY FROM THE POINT OF BEGINNING: THENCE SOUTHWESTERLY ALONG SAID OLD CLAIM LINE TO POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SOUTHWEST QUARTER OF SECTION 3: THENCE NORTH 00' 08' 09" WEST ALONG THE WEST LINE OF SAID SOUTHWEST ,RTEER, 798.60 FEET TO AN OLD CLAIM LINE: THENCE NORTH 57' 59' 05" EAST ALONG SAID OLD CLAIM LINE. 299.00 T FOP A POINT OF BEGINNING; THENCE SOUTH 01' 51' 32" WEST, 402.10 FEET: THENCE SOUTH 59' 25' 54" EAST, .51 FEET; THENCE NORTH 59' 55' 25" EAST, 355.65 FEET; THENCE NORTH 62' 43' 29" EAST, 853.57 FEET: THENCE 'TH 33' 24' 4G" EAST, 542.27 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 125; THENCE NORTHWESTERLY NG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292.01 FEET AND A RADIAL RING OF SOUTH 20' 23' 51" WEST AT THE LAST DESCRIBED POINT, 509.41 FEET TO SAID OLD CLAIM LINE: THENCE IH 57' 59' 05" WEST ALONG SAID OLD CLAIM LINE, 1304.80 FEET TO THE POINT OF BEGINNING;) IN KENDALL NSHIP, KENDALL COUNTY. ILLINOIS (COMMONLY KNOWN AS THE WHERLI FARM) 200300002859 U:\RMG\yortvilleUughlaxiwnnexationagr7.wpt1 Filed f o r Record in I2/10/02 KENDALL COUNTY, ILLINOIS PAUL ANDERSON THIS INSTRUMENT PREPARED BY 01-28-2003 At 02: 16 PM. ANNEX AGREE 106.00 AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Highlands Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION AGREEMENT AND PLANNEDI4NIT DEVELOPMENT AGREEMENT("Agreement"),is made and entered as of theday of ,2002,by and between WYNDHAM DEERPOINT HOMES,an Illinois partnership ("OWNER and DEVELOPER") CREEK PARTNERS, L.L.C., an Illinois limited liability company("OWNER"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois("City")by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A" attached hereto ("Highlands Property"). B. OWNER and the City, together with the OWNER of certain other property have heretofore entered into that certain Annexation Agreement dated March 28, 1997 and amended June 24, 1999 with City ("Annexation Agreement") which provided for, among other things, the annexation of a portion of the Highlands Property to the City. Annexed as a part of the Annexation Agreement was a parcel of property adjacent to the west, of approximately 186 acres commonly referred to as the Doeschtman property("Doeschtman Property"). C. The Doeschtman Property has heretofore been annexed to the corporate limits of the City in accordance with the provisions of the Annexation Agreement. U:1RMGlyortville1highladLwmxxatiaragr7.wptl' 12/10/02 D. The OWNER is in fee title to the property contiguous to the Doeschtman Property and commonly known as the Wehrli Parcel ("Wehrli Parcel")(approximately 134 acres) The Doeschtman and Wehrli Properties are collectively referred to as the Highlands Property). The OWNER desires to annex additional property on exhibit A to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Highlands Subdivision (approximately 320 acres). E. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. F. DEVELOPER further desires to amend the Annexation Agreement as it pertains to the Doetschman Property in accordance with the terms and provisions of this Agreement in order to facilitate the development of the Property for a residential Planned Unit Development, and the City is agreeable to amending the Annexation Agreement as it pertains to the Doetschman Property in accordance with the terms and provisions of this Agreement. This Agreement is not intended,and shall not be construed, to alter or amend the Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the Annexation Agreement. G. DEVELOPER proposes that a portion of the Highlands Property as legally described and depicted in Exhibit"B"attached hereto("R-2 Parcel")be rezoned as a PUD under the R-2 One- Family Residence District, and R-2d2, duplex provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a Planned Unit Development with single- family, and duplex residences. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration,have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement,and the rezoning,subdivision and development of the Doetschman and Wehrli Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached 2 U:\ MG\yorkvilleVtighlands nnexationagr7.wlxl 12/104)2 Exhibit"A"as a Planned Unit Development(PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located contiguous to the corporate boundaries of the CITY; and not within the cororate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Highlands Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement,and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. N. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW,THEREFORE,in consideration of the foregoing preambles and mutual covenants and agreements contained herein,the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 3 U:\RMG\yorkvillaughlandsannez ationagr7.wµ1 12/10/02 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-2 One-Family Residence District and R2D-2 Duplex Two Family Residence District of the CITY Zoning Ordinance("Zoning Ordinance"),One Family Residence District with a Special Use for a Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Highlands Property as aforesaid. 3. SUBDIVISION OF HIGHLANDS PROPERTY. A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and Preliminary Engineering). DEVELOPER has submitted to the CITY a preliminary plat of subdivision for the Highlands Property prepared by Land Vision,Inc.,a copy of which preliminary plat is attached hereto and made a part hereof as Exhibit"C" ("Preliminary Plat"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Highlands Property(Prepared by Gary Webber and Associates, a copy of which is attached hereto as Exhibit "C-1" ("Preliminary Landscape Plan")and preliminary engineering prepared by Jacob and Heffner Associates,P.C. , a copy of which preliminary engineering is attached hereto as Exhibit "D ("Preliminary Engineering"). The Preliminary Plat,Preliminary Landscape Plan and Preliminary Engineering are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth on the Preliminary Plan, the Highlands Property shall be developed in substantial accordance with the one family and two family dwelling unit concepts set forth therein,with a total buildable subdivided lot count of 405 one family lots and 117 two family lots (234 units) (639 total dwelling units) within the Highlands Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B hereof. The Highlands Property shall be developed in the manner and in accordance with the development concept set forth in the Preliminary Plat, and such development shall be in full conformance with the CITY's Zoning Ordinance,Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Highlands Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer 4 U:\RMG\yorkviIle%ighlandsvmczmionagr7.wp4 12/10,02 service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Highlands Property, shall be substantially as provided in the preliminary engineering plans attached hereto on Exhibit "D" . The Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering are referred to herein collectively as the "Preliminary Plan". Developer agrees to conform its Final Plan to provide the buffering and screening agreed to between DEVELOPER and the adjoining owners and to complete any written agreements made by DEVELOPER with the adjoining owners of the subject property. B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Highlands Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases 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") 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 Preliminary Plan,and that DEVELOPER is not in material breach or default as to any terms of this Agreement,Final Landscape Plan and Final Engineering 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 6 of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and(iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". Concurrent with and prior to recording a Final Plat the CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document)("Declaration")which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Highlands Property as listed in Exhibit"K" 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 5 U:UkMG\yurkvilk\high andswuxxationagr7.w{d 12/1002 Development. The SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of maintaining the Common Facilities. C. DEVELOPER agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining OWNER of the subject property. D. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County"Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested,approved and are permitted with respect to the development,construction,and use of the Highlands Property ("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of these utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities.DEVELOPER shall cause the Highlands Property,or such developable portions thereof as may be appropriate,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 Highlands Property 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 sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Highlands Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines,and the sanitary sewer lines which are smaller than fifteen inches in diameter("Small Lines") shall be conveyed to the CITY and the 6 U:1RMG\yorkviIkVughlands nnexationagr7.vpd x2/10,02 CITY shall take ownership of and,at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. DEVELOPER agrees to prepay certain fees necessary to construct and upgrade certain off-site sanitary sewer improvements. DEVELOPER shall pay at the time of recording the Final Plat for the first phase of the Highland Subdivision the following fees for the entire subdivision: Annexation fee to the Yorkville Bristol Sanitary District $480,528.00 YBSD interceptor fee 320 acres @ $2,925 936,000.00 CITY Sanitary Sewer Fee 639 units @$1,800 1,150,200.00 CITY River Crossing Fee 639 units @ 122.50 78,277.50 $2,645,005,50 The CITY in cooperation with the YBSD shall pay the cost of the new river crossing of the sanitary sewer from the YBSD plant and the extension of the interceptor from the river crossing through the Highlands Subdivision to the Coach Road Hills Subdivision at the southern boarder of the Highlands Subdivision.Capacity needs for all of DEVELOPER's Highlands units for which it is prepaying fees shall be the first reserved in all allotments of P.E. and sewer capacity by the CITY for present and future sewer, extension, renovation and repair. Not withstanding in the above to the contrary, the first available permits, to a total of 328 shall be shared 151 permits to the Highlands Subdivision and 177 permits to the Coach Road Hill Subdivision, in accordance with their annexation agreement, as amended, with the CITY. Subsequent to the issuance of the first 328 permits issued, the remaining available permits shall be shared, in a proportion of 70% to the Highlands Subdivision and 30% to the Coach Road Hills Subdivision, until the Hydraulic Avenue/Commonwealth Edison interceptor is complete with the new river crossing. There shall be no limit on the number of connection permits or other sewer or utility permits,that can be granted at any given time period during he development and all permits shall be processed in a timely fashion. Up to 151 homes can be served on a temporary basis by a pump station and force main to the Route 47 Sanitary Sewer Interceptor until the Commonwealth Edison Interceptor is available to serve that portion of the Subject Property. In addition to the above fees, the DEVELOPER agrees to fund up to an additional $234,000, toward the cost of the construction Commonwealth Edison Interceptor (includes construction of Hydraulic Avenue portion of the interceptor), at the time of its construction. The DEVELOPER shall have a right of Recapture, in accordance with the provisions of this agreement, for the portion of the costs it will have paid which exceeds its proportionate share of such costs of the identified service area as set out in the Recapture Agreement. The DEVELOPER recapture costs for sewer shall be repaid by CITY by use of the user 7 U:UiMGVorkviIlehtghlandsannexauonagr7.r pd 12/10/02 fee which it collects in the CITY utility bill(currently$108.00 per year per unit)from units with the Highlands Subdivision until the costs and any accrued interest is repaid to DEVELOPER. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Highlands Property with potable water for domestic water consumption and fire flow protection, if the Highlands Property is developed in accordance with this Agreement. The CITY further agrees,following acceptance by the CITY of the public improvements constructed within the Highlands Property,to maintain said water distribution system to and within the Highlands Property. The CITY further agrees to 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, to permit the Highlands Property to be served with potable water and fire flow protection. In addition,the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. The CITY agrees that it shall,without cost to DEVELOPER, extend its existing water main to the Highlands Subdivision. DEVELOPER shall connect the Highlands Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense,procure sufficient temporary construction and permanent utility easements adjacent to the northerly right-of-way line for route 71 ("Offsite Water Easements")to enable the CITY to construct the O ffsite Water Extension in a timely manner to provide water service to the Highlands Property. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY,except as otherwise provided herein. DEVELOPER agrees to prepay the CITY's water connection fee of$800.00 per unit to the total number of permits for which the CITY will commit to provide water service prior to completion of the construction of the water tower on site. The amount of permits the CITY shall make available shall be 250 permits (total fee is 639 units @ 800 = $511,200.00). Such payment shall be used towards the construction of a water tower and booster station to serve the Highlands Property to be constructed by CITY. The CITY shall use its best efforts timely secure all necessary permits and commence construction of the water tower contemplated under the terms of this Agreement. The OWNER shall dedicate a one acre site to the CITY for use of the CITY water department and for use of the construction of a water tower. The location shall be identified in the Final Engineering and as a lot on the Final Plat. 8 U:'RMG\yorkvillcVilghlandw ncxationagr7.wpd 12/10/02 C. Storm Water Facilities. 1. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Highlands Property, in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Highlands Property to be developed and improved with buildings, structures, streets,driveways,and other locations as identified on the Preliminary Engineering,which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Highlands Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing-ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Highlands Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance,rule or regulation to the contrary,all public sidewalks and parkway landscaping to be constructed or installed upon the Highlands Property pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering, located in the public right of way. 6. SECURITY INSTRUMENTS. 9 U:\RMG\yorkvilleU ighiandsa xacionagr7.wF i 12J1002 A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance 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. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit"F", attached hereto. The CITY Council, 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 ninety percent(90%)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. B. Release of Underground. Upon completion and inspection of underground 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. C. Release of Streets. Upon completion of 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 Ordnance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Highlands Property,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. 7. PROCEDURE FOR ACCEPTANCE OF ANY 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 10 .._ . ...__..._._..___. U:aMMynrtvilIclhighlandxannccationagr7.wlat I2JI0d02 DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30)days following the submission of the as built plans. 8. AMENDMENTS TO ORDINANCES. All ordinances,regulations,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 Highlands Property 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 Highlands Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Highlands Property 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 Highlands Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Highlands Property 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 Highlands Property pursuant to the express and specific mandate of any superior governmental authority,such ordinance or regulation shall apply to the Highlands Property 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 Highlands Property shall be given full force and effect. 9. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "G". Notwithstanding the provisions of Paragraph 8 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Highlands Property upon the expiration of the twelfth(12`h)month following the effective date of such Agreement, deletion, or addition, whether during the five (5) years next following the date of this Agreement,or any time thereafter,except as to those items expressly provided for in Section III of Exhibit "E"attached hereto. 10. FEES AND CHARGES. During the first five years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER,and their respective contractors and suppliers,only those permit,license,tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11 U:\RMG\york vilkUtighlandsanne xationagr7.wpd I2/10A2 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY,or any other governmental body,except as otherwise expressly provided in this Agreement. 12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District#115 ("School District") and the United City of Yorkville, Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Highlands Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land and cash-in-lieu of land to the CITY for school purposes ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY,based upon the Preliminary Plat,is 24.079 acres. OWNER or DEVELOPER shall cause fee title to no less than 20 acres of land ("School Site"), identified as parcel 16 on the Preliminary Plan, to be conveyed to the School District, or to such other entity as the CITY shall direct in writing, in partial satisfaction of the School Contribution. The balance of any school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the school site to the School District. The location of the School Site shall be in Parcel 16 as identified on the Preliminary Plat. The School Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The OWNER shall convey the School Site to the School District no later than the time when the final plat for the Unit containing the School Site is recorded with the Kane County Recorders office. The OWNER at this time anticipates that the conveyance would take place within 3 years of the recording of the final plat for the first unit of the subdivision. Prior to conveyance of the School Site,DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved final engineering.The School Site is combined with the Park Site,as defined in Parcel 15 of this Agreement,and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3,000.00 per unit. The fee will be paid at the rate of$1,500 per unit at the time of filing final plat and the balance of$1,500 per unit on a per-building permit basis as building permits are issued. The maidhood of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. The deposited funds will be escrowed and the school district will agree that when demand is necessary and the balance of the funds are available,the 12 U:IRMGlyortvilleVtigldan% Mxationagr7.wpd I2/IO/02 money in the escrow will be used by the District toward the building of a school or schools on the land dedicated in the Highlands Subdivision for a school site. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement.OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY,based upon the Preliminary Plat,is 20.707 acres. OWNER or DEVELOPER shall cause fee title to no less than 18 acres of land located in Parcels 6,8, 11,12 and 15, as identified on the Preliminary Plat("Park Site")to be conveyed to the CITY, or to such other entity as the CITY shall direct in writing,in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fee shall be paid to the CITY for each unit: Development fees. Public works $450 Police $150 Building $150 Library $150 Bristol/Kendall Fire $300 Total $1,200 Unless otherwise provided in this Agreement, said development,transition,impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. To all the City with its building fund DEVELOPER agrees to pay the$150 Building fee above at time of recording of the final plat for all units contained in the phase being recorded. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Highlands Property, DEVELOPER shall be entitled to construct,maintain and utilize up to three(3)offsite subdivision identification,marketing and location signs at such locations within or without the corporate limits of the CITY as 13 U:\RMG\yorkville'ighlandsannezaeonagr7.wpd 12/10,02 DEVELOPER may designate(individually an"Offsite Sign"and collectively the"Offsite Signs"). DEVELOPER shall be responsible,at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty(20)feet in height with an area for each sign face not exceeding two hundred(200)square feet,subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Highlands Property as identified in Exhibit "H", attached hereto. 14. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Highlands Property(subsequent to final plat approval),DEVELOPER,and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Highlands Property staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two(2)cars outside of the adjacent road right-of-way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District.) Prior to issuance of occupancy permits of model homes,water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Highlands Property during the development and build out of said property,provided any such sales trailer shall be removed within two(2)weeks following issuance of the final occupancy permit for the Highlands Property or upon the occupancy of model homes within the Highlands Property,whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify,defend and hold harmless the CITY and the Corporate Authorities (collectively"Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 14 U tRMG yoticvilk\lughlancLsannexationagr2wixl 12/10/02 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Highlands Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Highlands Property until the issuance of the last final occupancy permit for the Highlands Property. 16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Highlands Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Highlands Property for the purpose of serving property other than the Highlands Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Highlands Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 18. RECAPTURE AGREEMENTS. A. Benefitting the Highlands Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit"I"attached hereto("Recapture Improvements"),constructed by DEVELOPER which the CITY has determined may be used for the benefit of property("Benefitted Property")not located within the Highlands Property which connect to said improvements. The Benefitted Property is identified on said Exhibit "I" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "J". B. Encumbering the Highlands Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Highlands Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors,upon connection of the Highlands Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for 15 U:UtMGlyorkvilleU ightandswmexationagr7.wrxl 12/10/02 approval of any such recapture agreement or ordinance which will effect the Highlands Property. 19. SPECIAL SERVICE AREA. A. Establishment and Purpose. OWNER and DEVELOPER and their respective successors,assignees and grantees,shall not object to and agree to cooperate with the CITY in establishing a special service area("SSA") for the Highlands Property to be utilized as a primary funding mechanism for the care and maintenance of the Common Facilities. Subject to the provisions of Paragraph 19.B.ofthis Agreement, the CITY shall provide for the regular care, maintenance, renewal and replacement of the Common Facilities("Common Facilities Maintenance"),including,without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, the maintenance of storm water detention, retention, ponds and the repair and replacement of fences and monument signs, so as to keep the same in a clean,sightly and first class condition, and shall utilize the SSA to provide sufficient funds to defray the costs,including administrative costs not to exceed one hundred and fifteen percent(115%)of such maintenance costs,thereby reasonably incurred by the CITY and to establish reserve funds for future repairs and replacements as reasonably determined by the CITY to be appropriate. The CITY, through and under the SSA, shall have the primary responsibility and duty to carry out the Common Facilities Maintenance("Primary Responsibility"). The SSA shall provide for the authority of the CITY to levy up to one dollar and ten cents ($.50) per $100.00 of assessed valuation("Rate Cap")to fund the payment of the aforesaid costs and expenses. In the event the CITY is prevented by law from collecting funds under the SSA in the manner contemplated herein, a Homeowners Association established by DEVELOPER or the CITY, as the case may be, pursuant to the terms of the Declaration shall assume full responsibility for carrying out and paying for,through assessments levied against all dwelling units in the Highlands Property,the Common Facilities Maintenance("Secondary Responsibility"). Subject to the provisions of Paragraph 19.B.of this Agreement,the Common Facilities shall be conveyed to and owned by the CITY so long as the SSA remains in force and effect. In the event the Common Facilities Maintenance is subsequently transferred to the Homeowners Association,the CITY may elect to convey all or a portion of the Common Facilities to the Homeowners Association. In any event,a maintenance easement("Common Facilities Maintenance Easement")shall be established over all of those Common Facilities located on the Final Plat for each Phase of Development in favor of the CITY and any future Homeowners Association which undertakes responsibility for the Common Facilities Maintenance. The substance of the Common Facilities 16 U:\RMG\yorkville highly n sanneiuionagr7.wpd 12/I0A2 Maintenance Easement shall be as approved by legal counsel for the CITY and DEVELOPER, which approvals shall not be unreasonably withheld. B. Implementation. Anything contained in Paragraph 19.A. of this Agreement to the contrary notwithstanding, up to the issuance by the CITY of eighty-five percent (85%)of the occupancy permits for the entirety of the Highlands Property("Initial Build-Out Period") the Common Facilities shall be owned or controlled by DEVELOPER and the Common Facilities Maintenance shall be carried out by or under the direction of DEVELOPER. DEVELOPER shall cause a declaration of covenants, conditions and restrictions ("Declaration") to be recorded against the Highlands Property, either in its entirety or incrementally with each Phase of Development, which shall provide, among other things, for the establishment of an association of all lot owners within the Highlands Property("Association")and the mandatory membership of all lot owners in the Association. The cost of carrying and administering the Common Facilities Maintenance during the Initial Build-Out Period shall be paid through assessments levied by the DEVELOPER through the Association against the members of the Association,with any annual shortfall in the monies thereby generated funded by DEVELOPER. At the end of the Initial Build- Out Period,which shall automatically occur upon the issuance of eighty-five percent (85%)of the occupancy permits for all of the dwelling units approved hereunder for development within the Highlands Property, the Common Facilities shall be conveyed to the CITY and the CITY shall accept title to the Common Facilities, provided DEVELOPER has properly carried out the Common Facilities Maintenance prior thereto. Ownership of the Common Facilities including the open space areas, depicted on the Preliminary Plan as parcels 1, 2, 3, 4, 5, 7, 9, 10, 13, 14, 17, 18 and 19, shall be at time of turnover conveyed to the Association. The CITY shall thereafter carry out the Common Facilities Maintenance utilizing the SSA for the funding thereof, as provided in Paragraph 21.A. of this Agreement. DEVELOPER shall have no further liability or responsibility for the Common Facilities Maintenance following the end of the Initial Build-Out Period. The SSA shall expressly provide for the deferral of its implementation in conformity with the provisions of this Paragraph 19.B. C. Improvements Special Service Area (SSA or SSA). CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area("SSA") for the Highlands Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as exhibit "M". 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Highlands Property DEVELOPER determines that any existing utility easements 17 U:U2MG\yorkvilk\hight rndsannecationagr7.wlxl mom and/or lines require relocation to facilitate development of the Highlands Property in accordance with the Preliminary 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 Highlands Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Highlands Property as reflected on the Preliminary 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 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. 21. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Highlands Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances,and in the event DEVELOPER is unable to acquire such necessary offsite 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. 22. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Highlands Property as a subdivision to be commonly known as Highlands Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof,and shall not, as either the OWNER or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY. 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Highlands Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Highlands Property, except as otherwise provided in this Agreement. 25. GENERAL PROVISIONS. 18 U:1RMG\yorkvilkVtighlazasem xxaaonagr7.w1x1 12/10/02 A. 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. B. 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. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,excepting the Annexation Agreement it amends, 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. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: Wyndham Deerpoint Homes 605 Lindsay Circle North Aurora, IL. 60542 Attn: Mary E. Krasner Fax: (630) 966-1006 with a copy to: Guerard, Kalina& Butkus 100 W. Roosevelt Road 19 U:UiMG\yortvillelhigiil anlwnne xationagr7.wpd 12/10/02 Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-8330 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, Il Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1,et seq., Illinois Compiled Statutes(1998 ed.). 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. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Highlands Property. F. 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 Highlands Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Highlands Property not effected by such Agreement. G. 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 Highlands Property, whether improved or unimproved. 20 U:\RMGVorkville\highlatdcvme xatiouagr7.wp1 12/10102 H. 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 Highlands Property 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. I. 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. J. 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. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. 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. L. 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. M. 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 the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency,or Yorkville-Bristol Sanitary District. N. Highways 71 and 126. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways 71 and 126. O. 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. 21 U:\RMG\york vi Ile\highlandsannexationagr7.wpd 05/1/01 P. 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 Highlands Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER& OWNER: CITY: WYNDHAM DEERPOINT HOMES, UNITED CITY OF YORKVILLE, an an Illinois partnership by Deerpoint Homes, Inc.,partner Illinois municipal corporation j • By: C. BY: t L 4_ r • Mayor Title: President Attes • ► �'�: A Dated: /2/ice/1 2. 1 ` CITY Clerk Dated: 'fie CREEK PARTNERS, L.L.C. By: c"---- "/frA42;Fut., Title: Member Dated: it//f//Z 22 Liz D'Anna From: Laura Brown [Ibrown@yorkville.iiPus] Sent: Monday, November 01, 2004 11:43 AM To: tgraff@yorkville.il.us; Ldanna@yorkville.il.us; akurtzman@yorkvilIe.il.us Subject: raintree village request for PUD change 1 I M I M A = N r I M = 1 I = M = MI MN NARM Quality. Value. Integrity. 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Cumberland, Suite 906•Chicago, IL 60656 6„.... 1 (630) 339-4800 Yorkville, Illinois Pk 773.763.1320 Far 713.763.3325 Finat jer and krenleillnet , Ina Lill= AEI MIII AIIIII all _ I= NIB NIB MI GM IIIIIII , I= Ili 111111 OM Eli SIM =I Site Data Duplex Units = 38(19 Lots) (23%) Townhomes = 128 (77%) ,� Total = 166 (100%) ,\ o +2.14 Ac.Park Site N Townhome Design Standards: `\ .14 ` Miinimum Distance,Building Front to R.O.W.- 30 Fc N libi„ Minimum Distance,Building Rear to R.O.W. = 35 FL ,\ "7'4, Minimum Distance; *0Building to Building: `\ Side to side =25 Ft RETENTION N,\ ,/,,/,,(5,S't Side to Rear =35 Ft. Rear to Rear =75 FL / — \ `N ` \ 223 / \\ / 224 222N / \ /\ 225\�/ _ ' N'/ 221 \ / .. / /\ 226 / /' ��\ \ / \\ / / \ \ / ,� ,••••'`-------'N‘, . /N 220 '\ \ / / 227 / / "••••i• , \ / /\ 228 \\/ �'''',,,.6 -'-,,,---.- V'" ,/ / \\N. q \ \ 219 >, j ♦♦ / / '' V /-� / \ 260 \ \ •N K \\ / \ N /// / , '1i ♦♦ / 229 / / / N '\ 21'13N//' / \' ' / /\ \ / \� \ 259 \ 249 /u�' \\ / ' `.-, 230/ �' / � / \ ,� / O'�N �/ �� , ♦♦ /\ 2,_„31 \/ /,/ 255 \ \� /,,NN, «`»>\\\ \ J / �. 0.1 / \ \, \ / \ 257 \ �\ 250 /\/ \ / ' %4 .`�,� 23 • � /�/./�' �(\ 256 UNkT/.'�}1�"S{�-{Tl REE. / / / \/// 246>,' `,„ 4.1i /I '' \`` ',\ \ ,/'" �- \ �� \ 251 >�' ' /' y // / ,�♦ ./ ��� 13 \ \ \ \ ✓ 252 N./ / � /2„�I y / • ,/••/ $'• N \13B > /\ 233 ,�, 256 \ \ \J. / /. / • ♦ ,i. \ / / \ \ \ \ \ \ 253 \ /• //y. / /246Y//7 \// / / i • %I. 4,•• �\J/ / \ l39 �C/ \ ---'\, / / /�/�/\/ 248//� ,j�/ ♦♦ ��* / . ---- \�j \ // 234 \/\ \ / \-/ / / \ /�/// / �,�.•/ ♦ ,,\ /•/ ---_,„,---\ Y \�/ \,-/- /- \ \ \,.,. ,\ \ 254 /\ e_,„,/-0.00".... 7„,,� 245 j w/ /' 0`. 4,7‹,..4 ,'- \ 155\ \ \ 140 235 \ /�' - / /,/ % . �,� • �e,,` ♦ /. / It5 / / 244 //>/// ` ,ty 4*, . / ♦ 166 154 \ \ \ 141 238/ \ / /\ • S� •��,, :' \ ,,,,,,,• • \ ,,,,,,<--s\ �\\ \ \,\,..„\,,,,,,•-' , \ \\ / c/ \ 243 �// / • •ef ,/. .. ! �C/ � 242 / • '\ 157 .7.1..\----' 153\ \, ,\\ 142 ` 237 �, ,\ \ / /., j� \ \ IA \ , \ \ \ �'/ \ \ C \ 241 .% , / ����♦�' PARK \ ,\�_ .--- \ ✓ / \ \ 143 238 \ A\ \ \ N �// ,,_i•♦ /� ± 2.14 Ac. \ 2 \\ 156 X 152 \ `1 �\ /\\ •\ //i * \ \ IT�T/T\ 7y��fT�)/\ / �/ i //,/moi♦ 1t0 1 V 11\ ".. `.'\ `\ \ \ / \/ 239 \�\ N / i • ,j"- �/I \��f-. 1I '\ \ 159 161 \ \ \ 144 , \ / ,�,�� ♦.��,, '"�, I 3 V. \ �' ,,,,,,-"C \ / ///���\ / >� /' �9:�., Wa UNIT FOUR \ \\\l\/ / 240 / ' /*., , • • /�• --..\ \ \ 160 / 150 s\ \ \ \ 145 / , c, s. • '-\ \ \ \ / \` /\--'"\\ \ / / / I 'I _ //8,/,`� / 4 \ \ ‘\/� /\�/ \ \ \ \/ 148 / •♦� • ♦♦ ♦8 44SV//' `� W\ \s s \ .' 149 \,\ \\ /% , .1,Ir ,ZQ ?7/ iN / $ ij °T s�, / �\Wo 165 � \ \/ / \ toe \ i. 8`.fir,, NO`•`� 168 \\ \ / IM • • sl■slmaNI ii. �f I t..... 164 / / I iii' ' , g yw.167 I j -- may• / . �i� ��� . , N1■ _ Wo __ ___r-____ ' ne Nig. , ------ . n,. :•Nil — Duplex Lots � moi: � _ WO IOM 1111111 .: 10 il. 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Ii(O — _ate . <c . ` ��� r-,'",,„� _ � !{�II 111111�(1!!1 :� . i a. � r 11T�s�� ax � 91DE ELEVATIG* ^'^.^. 80E ELEVATION * zA s>, *� c ai: s : 1 .^. :14 tr. ..,.:ii,-,,,,,„hit€ 1?t .431WA0:' ,'sa.x t:'""'`,a1 ��� •_� . iao •-v.:/ 1 :a,,,,,,',..„,.„,a,-.,.....1,,-,,y).-3......e • -'"•* REAR ELEVAT04 9 ru:<,re• t i i Y L E N NAR OO EtAsama,Olson k Lexis.Ltd. = One South 376 Sammst Avat �� Oakbrook Tmrart,Ohm :sal ..:.. Op P3OG 8OG06 Ca,0 638 3746.,,, i,,,,,ba.r. .`;:, MEI MOO 1111 1/.111 1.. 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SECTION 2: That the sum of$1,764,321.00 being the total of the budget expenditures heretofore legally made and which is to be collected in part from the levy of the current fiscal year of the UNITED CITY OF YORKVILLE and further for purposes of providing for the Illinois Municipal Retirement Fund, Health & Sanitation Fund (Garbage Removal Fund), School Crossing Guard Fund, General Corporate Purpose Fund and Insurance for liability purpose, as budgeted for the current fiscal year by the annual Budget Ordinance of the UNITED CITY OF YORKVILLE for the fiscal year beginning May 1, 2004, and ending April 30, 2005, as passed by the City Council of the UNITED CITY OF YORKVILLE as a legally convened meeting prior to said fiscal year, the sum of$1,764,321.00 is hereby levied upon all of the taxable property in the UNITED CITY OF Page 1 of 9 • YORKVILLE subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein by being placed in separate columns under the heading "To Be Raised by Tax Levy", which appears over the same, the tax so levied being for the current fiscal year of the UNITED CITY OF YORKVILLE and for the said budget to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: SECTION 3: That the total amount of$1,764,321.00 tax levy, ascertained as aforesaid, be and the same is hereby levied and assessed on all property subject to taxation with the UNITED CITY OF YORKVILLE, according to the value of said property as the same is assessed and equalized for State and County purposes for the current year. SECTION 4: (a) That the foregoing item of$189,696.00 levied for Illinois Municipal Retirement Fund for City purposes and for Library Municipal Retirement Fund purposes are levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (b) That the foregoing item of$124,982.00 levied for Liability Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (c) That the foregoing item of$14,573.00 levied for Audit Fee is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (d) That the foregoing item of$8,892.00 levied for Unemployment Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (e) That the foregoing item of$185,250.00 levied for Police Protection Tax is levied in an amount not exceeding the maximum tax rate of 0.0750%. Page 2 of 9 (f) That the foregoing item of$231,686.00 levied for Police Pension is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (g) That the foregoing item of$317,395.00 levied for Garbage is levied not exceeding the maximum tax rate of 0.20%. (h) That the foregoing item of$254,657.00 levied for Social Security is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (i) That the foregoing item of$9,880.00 levied for School Crossing Guard is not exceeding the maximum tax rate of 0.02%. (j) That the foregoing item of$56,810.00 levied for General Corporate is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois not to exceed the maximum tax rate of 0.33%. (k) That the foregoing item of$370,500.00 levied for Library is levied not exceeding the maximum tax rate of 0.15%. SECTION 5: That there is hereby certified to the County Clerk of Kendall County the several sums aforesaid constituting said total amount of$1,764,321.00 which said total amount of said UNITED CITY OF YORKVILLE requires to be raised by taxation for the current fiscal year of said City of said County, on or before the time required by law, a certified copy of this Ordinance. SECTION 6: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. SECTION 7: In the event any section of this Ordinance is declared invalid the remaining portion thereof shall be binding and given full effect. Page 3 of 9 ADOPTED this 14th day of December, 2004, pursuant to roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 14th day of December, A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 14th day of December, A.D. 2004. CITY CLERK Page 4 of 9 SUMMARY OF 2004-2005 TAX LEVY General Corporate Tax (65 ILCS 5/8 3-1) $ 56,810.00 I.M.R.F. (40 ILCS 5/7-171) $189,696.00 Social Security (40 ILCS 5/7-171) $254,657.00 Police Pension (40 ILCS 5/3-125) $231,686.00 Police Protection Tax (65 ILCS 5/11-1-3) $185,250.00 Garbage (65 ILCS 5/11-1-3) $317,395.00 Audit (65 ILCS 5/11-19-4) $ 14,573.00 Liability Insurance Tax (745 ILCS 10/9-107) $124,982.00 School Crossing Guard (65 5/11-80-23) $ 9,880.00 Unemployment Insurance (745 ILCS 10/9-107) $ 8,892.00 Library (pg. 4 DCCA Levy Man.) (75 ILCS 5/3-1,5/3-4, 5/3-7) $370,500.00 $1,764,321.00 Page 5 of 9 CERTIFICATE The undersigned, Arthur F. Prochaska, Jr., Mayor of the UNITED CITY OF YORKVILLE, hereby certifies that I am the presiding officer of the UNITED CITY OF YORKVILLE, and as such presiding officer, I hereby certify that the Tax Ordinance, a copy of which is appended hereto, was adopted pursuant to, and in all respects in compliance with, the provisions of Section 4-7 of the so-called "The Truth in Taxation Act". Date this 14th day of December, 2004. Arthur F. Prochaska, Jr., Mayor Page 6 of 9 CERTIFICATE The undersigned, JACQUELYN MILSCHEWSKI, City Clerk of the UNITED CITY OF YORKVILLE, hereby certifies that an announcement was made at a regular City Committee of the Whole meeting of the UNITED CITY OF YORKVILLE, that the 2004-2005 Tax Levy would be $1,764,321.00, a sum in excess of 105% of the tax levy extended by the County of Kendall Clerk; said disclosure having been made in compliance with the Truth in Taxation Act, and an announcement of the tentative tax levy having been made at the November 16, 2004, City Committee of the Whole meeting; that said Levy was in excess of 105% of the Levy for 2004-2005. Jacquelyn Milschewski, City Clerk Page 7 of 9 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) I, JACQUELYN MILSCHEWSKI, City Clerk in and for the UNITED CITY OF YORKVILLE, hereby certify the foregoing to be a true, perfect and correct copy of the Ordinance passed by the City Council at a regular meeting of the City Council on December 14, 2004. TESTIMONY WHEREOF, I have hereunto set my hand and seal this 14th day of December, 2004. Jacquelyn Milschewski, City Clerk Page 8 of 9 TRUTH IN TAXATION CERTIFICATE OF COMPLIANCE I, the undersigned, hereby certify that I am the presiding officer of the UNITED CITY OF YORKVILLE and as such presiding officer I certify that the Levy Ordinance, a copy of which is attached, was adopted pursuant to, and in all respects in compliance with the provisions of Section 4 through 7 of the "Truth in Taxation Act". The notice and hearing requirements of Section 6 of the Act are applicable. This certificate applies to the 2004-2005 Tax Levy. Date: December 14, 2004. Presiding Officer: Arthur F. Prochaska, Jr. Mayor Page 9 of 9 OPTION 1 L_ 11/11/04 UNITED CITY OF YORKVILLE 2003/2004 TAX LEVY REQUEST Current Proposed $201,321,335 $247,000,000 Rate Maximum Levy $ Rate Levy $ Max Corporate 0.101200 0.3300 203,740.47 0.0230 $56,810 IMRF 0.0612 123,208.66 0.0768 $189,696 04/05 budget $189,848.00 Police 0.075000 0.0750 150,991.00 0.0750 $185,250 maximum Police Pension 0.102800 206,958.33 0.0938 $231,686 actuarial $231,960.00 Garbage 0.1228 0.2000 247,222.60 0.1285 $317,395 04/05 budget $317,533.00 Audit 0.0098 19,729.49 0.0059 $14,573 04/05 budget $14,660.00 Liabil Ins 0.056200 113,142.59 0.0506 $124,982 04/05 budget $125,000.00 Soc Sec. 0.1 201,321.34 0.1031 $254,657 04/05 budget $254,859.00 Cross Gd 0.0047 0.0200 9,462.10 0.0040 $9,880 04/05 budget $10,000.00 Unemploy 0.0058 11,676.64 0.0036 $8,892 04/05 budget $9,000.00 Total 0.6395 1,287,453.22 0.5643 $1,393,821 New Revenue - City $106,368 Library 0.150000 0.1500 301,914.65 0.1500 $370,500 IMRF Lib 0.000000 0.00 0.0000 $0 SS Library 0.000000 0.00 0.0000 $0 0.150000 Total 301,914.65 0.1500 $370,500 New Revenue - Library $68,585 0.7895 Grand Total $1,589,367.87 0.7143 $1,764,321 TOTAL NEW REVENUE $174,953 MINUTES OF 1111.,REGULAR MEETING OF 1'HL DRAFT CITY COUNCIL OF nit UNITED CITY OF YORKVILLE, ICENDALL COUNTY,ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,OCTOBER 12.2004. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Representative Kelly Kramer,Alternate City Attorney John Wyeth(until 7:20 P.M.),Police Chief Martin, Director of Public Works Dhuse and Executive Director of Parks&Recreation Laura 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 1'HL AGENDA Alderman Spears asked to move Item#8—Parks and Maintenance Facility Site Planning from the consent agenda to the regular agenda. This item was placed under the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,October 25,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,October 21,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,November 4,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,October 14,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M.,Monday,October 18,2004 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HLARINGS PC 2004-14 Gordon and Marcia Swanson Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2004-14 Gordon and Marcia Swanson,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Estate Class One-family Residence District Planned Unit Development and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 14.49 acres at 3150 A and 6150 C Cannonball Trail,Bristol Township, Kendall County,Illinois. So moved by Alderman Munns;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye The Minutes of the Regular Meeting of the City Council—October 12,2004-page 2 Please see attached Report of Proceedings taken before Chris Visla,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA 1. Hydraulic Avenue Interceptor-Change Order#1—authorize increase in an amount not to exceed$45,795.00 and authorize the Mayor to execute 2. Well 47 Wellhouse&Treatment Facility-Change Order#3—authorize 40 additional days to the contract and authorize Mayor to execute 3. Historical Street Name Nominees—approve William D. Thomas,Lewis C.Riley and Esther F.Riley as historical street name nominees 4. Caledonia Watermain Easement-authorize the Mayor and City Clerk to execute 5. Resolution 2004-38-Countryside Parkway Interceptor—IDOT Highway Permit and Resolution-authorize the Mayor and City Clerk to execute 6. Water Department Reports for July and August 2004 7. Grande Reserve—Plat of Vacation and Plat of Easement-authorize the Mayor and City Clerk to execute 8. Grading/Design Fees for Schoppe Design Associates for Riverfront Park—approve in an amount not to exceed$2,500.00 with expenses 9. Kennedy Road Improvements for 2005—approve design as presented by EEI 10. Game Farm Road Right-of-way Dedication-authorize the Mayor to execute Smith Engineering agreement in an amount not to exceed$2,098.80 a. Plat of Dedication and Monumentation—East Side United City of Yorkville Lands-$834.40 b. Plat of Dedication and Monumentation—East and West Side Yorkville C.U.S.D 115-$1274.40 Lands-$834.40 11. Carpet Replacement Bid/Purchase Order—authorizepurchase_from Tri-State Carpet &Decorating in an amount not to exceed$9,000.00 12. Drug Testing—Provena Contract—authorize Mayor to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Sticka;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Kot to approve the minutes of the City Council meetings from September 28,2004,September 14,2004 and August 24,2004;seconded by Alderman Munns. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Kot to approve the paying of the bills listed on the Detailed Board Report dated October 1,2004 totaling the following amounts:checks in the amount of $1,045,140.47(vendor);$144,044.56(payroll period ending 9/18/04)for a total of $1,189,185.03;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye The Minutes of the Regular Meeting of the City Council—October 12,2004-page 3 REPORTS MAYOR'S REPORT IMLRMA Safety Award for 2004 Mayor Prochaska reported that the United City of Yorkville received an award from the Illinois Municipal League Risk Management Association in recognition of an Outstanding Accident Prevention Record with the IMLRMA. Mayor Prochaska stated that this award indicates that the city has very competent and conscientious employees. Appointments to Human Resource Commission and Plan Commission Mayor Prochaska recommended the appointment of Dana Jones to the Human Resource Commission. She will serve until April 2005. Mayor Prochaska explained that she is an educator and has shown a sincere interest in working with the HRC. This appointment brings the HRC to full stature. Mayor Prochaska entertained a motion to ratify the appointment.So moved by Alderman Kot;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye Mayor Prochaska recommended the appointment of Charles Kraupner to the Plan Commission. Mr.Kraupner is replacing a current commissioner so he will serve until April 2005. Mayor Prochaska explained that Mr.Kraupner is a fifteen year resident of the City and has attended the Smart Growth Convention in order to prepare for his new position. Mayor Prochaska entertained a motion to ratify the appointment.So moved by Alderman Kot;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye Make a Difference Day Mayor Prochaska read the proclamation for Make a Difference Day(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Kot;seconded by Alderman Ohare. Motion approved by a viva voce vote. The Salvation Army Golden Diner's Agreement Mayor Prochaska reported that the Salvation Army Golden Diner's Agreement has been reviewed by the Park Board. No changes were recommended so it is basically the same agreement as last year's. Mayor Prochaska entertained a motion to approve the agreement between the Salvation Army Golden Diner's Nutrition Program and the United City of Yorkville.So moved by Alderman Sticka;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Parks Maintenance Facility Site Planning Mayor Prochaska entertained a motion to accept the Park Board's recommendation of Sente- Rubel-Bosman-Lee Architects for the purpose of providing a Parks Maintenance Facility Site Plan. So moved by Alderman Sticka;seconded by Alderman Ohare. Alderman Spears questioned the legality of the information the Council received. She stated that the RFP(Request for Proposal)asked for copies of work for no more than two similar projects completed by the firms. She stated that she spoke with one of the firms that submitted an RFP and they submitted more than two projects. She asked if this disqualified them because they did not follow procedures. Her other concern was that Alderman Burd asked if telephone calls discussing the proposals were made after the receipt of the RFP's.She stated that the meeting notes indicate that the two top firms received interview-type phone calls. She stated that she found out that this was not true;the second firm did not receive a follow-up phone call. She stated that Alderman Burd and the City Attorney had suggested that all the firms be called to keep it even. Mayor Prochaska noted that it was previously discussed that if the City Council wanted to further investigate the RFPs from that done by the Park Board,all the firms would have to be contacted. Executive Director of Parks&Recreation Laura Brown stated that the RFP process does not require interviews. She stated that staff met with the two top firms to discuss background The Minutes of the Regular Meeting of the City Council—October 12,2004—page 4 work sites to evaluate the firms work. She indicated that only one other group submitting an RFP asked to meet with staff. There was further discussion regarding a previous conversation at a Committee of the Whole (COW)meeting regarding if the groups were"interviewed"or"met with". Also discussed was the development of a procedure for the RFP process. Attorney Kramer stated that in regards to receiving more information than requested she felt it did not disqualify them from the process. Alderman Spears stated she spoke with Williams Architects,who informed her that they have been told that the City Council has less than a favorable opinion of them and their services. She stated that she told them she was upset with the way their firm handled the back-up generator and she would keep this in mind every time they are considered for a project. They explained to her that the generator was not their fault but due to the tight budget for the project. They stated that they presented the problem with the back-up generator to staff and were told that the generator the building had at the time was fine. Mayor Prochaska stated that he also spoke with the principals at Williams Architect who were under the assumption that their proposal had come to the City Council without a recommendation from the Park Board. Mayor Prochaska clarified to them that a recommendation was made by the Park Board and he stated that he discussed the generator and other issues with the building build- out with them. There was further discussion regarding the back-up generator. Director Brown explained that the Park Board was not aware of the problems with the build-out or generator when considering the Williams Architects proposal. Their decision was based on the material presented to them. Mayor Prochaska noted that he conveyed this information to the principal of Williams Architects. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-present ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Kennedy Road Closure Administrator Graff reported that Kennedy Road will be closed October 14,2004 from 8:30 A.M. to 2:30 P.M.for utility construction work.It will be open for local traffic only. Hydraulic Avenue Project Administrator Graff reported that the Hydraulic Avenue Project is ahead of schedule in regards to the east portion of the sanitary sewer and watermain relocation. The contractor feels confident that the west side of the project can be completed within a time frame which will allow a binder coat to be added to the roadway this fall. He also reported that no contaminated soils were found so there will be no additional cost for removal of the soil as planned. He noted that an inspector/ flagman from IL RailNet will be present because the construction is close to their rails and they have a requirement that the rails may not disturbed. The inspector will be on site at a rate of $150.00/day to oversee the project. Auditor Packets Administrator Graff reported that the auditor's packets should be available Friday,October 15, 2004 by 4:00 P.M.He recommended that the Council members pick up their meeting packets until after this time. FINANCE DIRECTOR'S REPORT Mayor Prochaska reported that Director Pleckham was not present because her husband,Police Officer Dan Pleckham,had surgery to remove his transplanted kidney. Chief Martin stated that he will have a two to three week recovery period. Mayor Prochaska expressed his thought for a speedy recovery. The Minutes of the Regular Meeting of the City Council—October 12.2004—page 5 DIRECTOR OF PUBLIC WORKS REPORT Leaf Pick-up Director Dhuse reported that leaf pick-up is scheduled for the week of October 18,2004. Hydrant Flushing Director Dhuse reported that Hydrant Flushing will begin Sunday,October 17,2004 on the north side of town and will last for two weeks or until finished. CHIEF OF POLICE REPORT Crossing Guard Chief Martin reported that the crossing guard at Mill Street and Route 126 will begin on October 4,2004 and an officer has been assigned to Yorkville Intermediate School to help with traffic on Route 126. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that the Forest Preserve District is trying to coordinate an open house at Hoover. They are tentatively looking at October 23,2004 for the event. Mayor Prochaska inquired about the status of the Riverfront Park structure. Director Brown stated that they have been waiting for the work on Hydraulic Avenue to be completed before this project began and have received the go ahead for the footings for the structure. She stated that the material for the structure is being held and will be delivered to the site when it is ready. Alderman Munns commented that the signs at the Fox Hill Park regarding the use of the field are misleading. He asked for clarification regarding the need for a permit for the park. Director Brown stated that a permit is needed by outside groups for league play or organized activities; residents can use the park without one. She stated that they will be redoing the sign so that it is clearer. COMMUNITY&LIAISON REPORT Character Counts Alderman Ohare inquired about the Character Counts rally at the schools. Mayor Prochaska stated that the school's rally is Friday,October 15,2004 and he noted that the pillars of City Hall will be decorated to support the event. Veteran's Commission Office Alderman Ohare stated that she stopped by the Veteran's Commission Office and they told her that next spring the moving wall will be in Yorkville. Library Board Meeting Alderman Sticka reported that he attended the Library Board meeting on October 11,2004 where a Board member commented on the number of new books purchase and the fact that there is very little space for them. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CEC Proposal for Wetland Mitigation Bank Feasibility Study A motion was made by Alderman Besco to approve the CEC Proposal for Wetland Mitigation Bank Feasibility Study subject to identifying funding for the project;seconded by Alderman Sticka. Mayor Prochaska inquired about the funding and noted that a developer has expressed interest in funding the study. Administrator Graff stated that this offer will be discussed further with the developer and the attorneys. He also stated that Finance Director Pleckham is researching alternate funding options such as conservation groups. Alderman Spears asked if this will come before the Council again so that they are made aware of the source of the funding. Mayor Prochaska stated that if it is determined that the funding will come out of the General Fund;it would come back to the Council. Alderman Spears asked what the legal opinion was on the letter received from the Aurora Tri-County Association of Realtors. Attorney Kramer stated that this is a recommendation for a private citizen's group. Administrator Graff stated that he spoke with Sharon Gorrell who wrote the letter and she was under the impression that an ordinance regarding this had already passed. He explained to her that the ordinance was still under review and that the city is following the U.S.Army Corp of Engineers mitigation process. Alderman Spears asked if the estimated cost was for attending two meetings. Attorney Kramer stated that the cost is for the preliminary study or Phase 1 to see if the area qualifies for this. The Minutes of the Regular Meeting of the City Council—October 12,2004—page 6 Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye Resolution 2004-39 Standard Specifications for Improvements A motion was made by Alderman Besco to approve a Resolution for the Standard Specifications for Improvements as recommended by the City Engineer;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-54 Amending Landscape Ordinance 2000-48 A motion was made by Alderman Sticka to approve an Ordinance Amending the Landscape Ordinance Number 2000-48 as presented;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye Ordinance 2004-55 Amending Fire Department Development Fees A motion was made by Alderman Sticka to approve an Ordinance approving the Bristol-Kendall Fire District Development Fee Increase as presented;seconded by Alderman Kot. Alderman Sticka noted a Scrivener's error on page 4 of the ordinance;the effective date should be January 2005.Attorney Kramer stated that the date will be corrected. Mayor Prochaska stated that this is a good start to working with the BKFD and this is a good model for other communities. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye Resolution 2004-40 Approving Final Plat for Fox Hill Unit 7 Pod 10 A motion was made by Alderman Sticka to approve a Resolution approving the Final Plat for Fox Hill Unit 7 Pod 10 subject to final engineering approval by the City Engineer;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Health Care Costs Alderman Munns noted that he read that health care costs will rise 15%in the year 2005. He asked that the Administration Committee look at the health care cost policy for the city and consider that the employees begin to share in the increase. Alderman Ohare agreed with Alderman Munns that it may be time for the employees to share the burden of the cost. Administrator Graff stated that this item is on the November Administration Committee Agenda. Minute Taker Alderman Spears asked if the minutes and equipment had been retrieved from the minute taker who was no longer if the city's employ. She was advised that the minute taker had returned everything to the city and other minute takers will be typing the missing minutes. Deleted Bill List Item Alderman Spears distributed a Freedom of Information Request(see attached)which asked for details of the type of classes Mrs.Woodrick in the Engineering Department was taking.She noted that the classes where for Business Information Systems and American History. She did not see how American History applied to an Engineering Secretary. Mayor Prochaska stated that he felt that a specific employee is being singled out. He stated that other employees have taken courses that are not necessarily related to their job description in their quest for a degree. The Minutes of the Regular Meeting of the City Council—October 12,2004—page 7 Administrator Graff stated that City Engineer Joe Wywrot sent a memo to the Council regarding Mrs.Woodrick's classes. Alderman Spears and other Council members stated they did not receive the memo. She stated that at the previous City Council meeting,it was discussed that she was taking training courses. She stated that she felt all courses should come to the Council for approval. Mayor Prochaska stated that if this is what the Council wants,it would have to include all employees such as the police officers and public work employees. Attorney Kramer stated that further discussion of the subject was not appropriate for additional business. She suggested that this item be sent back to committee or placed on a COW agenda. Mayor Prochaska asked that it be moved to a COW agenda. Alderman Ohare stated that she thought this subject was on the next Administration Committee agenda. Attorney Kramer stated she was not sure if it was on the next agenda but would follow- up on it. ComEd Trail Alderman Sticka noted that the city constructed a sewer line on the ComEd right-of-way(ROW) on the south side of the city. He stated that he understood that eventually a trail would be installed on the ROW. He asked what was needed to get the trail started. Mayor Prochaska stated that the city submitted for a grant to complete the trail however it was denied because the trail did not go anywhere. Alderman Sticka stated that now it goes someplace and could link the new subdivisions to the schools. He also asked that it be investigated to construct the trails out of crushed stone rather than asphalt. Library Signs Alderman Sticka stated that he had signs for the Library Referendum if anyone was interested. Route 47 Meeting Mayor Prochaska stated that after the Illinois Department of Transportation(IDOT)meeting he spoke with Representative Tom Cross who suggested that the mayor meet with Tim Martin,the head of IDOT. Mayor Prochaska stated that he is arranging this meeting and will be presenting a resolution regarding Route 47 to the Council. Alderman Spears stated that she presented Resolution to surrounding communities and hopefully they will be passing them. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by Alderman Munns. Motion approved by a viva voce vote. Meeting adjourned at 8:13 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on October 12 , 2004 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-732304 ( 1I f) 1D E O . COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . RICH STICKA, Alderman; 4 MR . LARRY KOT , Alderman; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MS . WANDA OHARE , Alderwoman; 8 MS . ROSE ANN SPEARS , Alderwoman; 9 MR . MARTY MUNNS , Alderman ; 10 MR . TONY GRAFF, City Administrator ; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 APPEARANCES : 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 15 Naperville , Illinois 60563 ( 630 ) 355-1458 16 BY : MR . JOHN JUSTIN WYETH, appeared on behalf of the United 17 City of Yorkville , Illinois . 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983- 0030 3 1 ( Pledge of 2 Allegiance ) 3 MAYOR PROCHASKA : I would entertain 4 a motion to go into public hearing for purposes 5 of discussion of PC 2004-14 , Gordon and Marcia 6 Swanson, petitioners , request to annex to the 7 United City of Yorkville and rezone from Kendall 8 County A-1 Agricultural to United City of 9 Yorkville Estate Class One-Family Residence 10 District Planned Unit Development and for hearing 11 as to the annexation and Planned Unit Development 12 Agreement of Petitioner . 13 The real property consists of 14 about -- approximately 14 . 49 acres , at 3150 A and 15 3150 C Cannonball Trail , Bristol Township, 16 Kendall County, Illinois . 17 MR . MUNNS : So moved . 18 MS . BURD : Second . 19 MAYOR PROCHASKA : So moved and 20 seconded . May I have roll call , please ? 21 MS . MILSCHEWSKI : Besco . 22 MR . BESCO : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD : Aye . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . MILSCHEWSKI : Kot . 2 MR . KOT : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR . MUNNS : Aye . 5 MS . MILSCHEWSKI : Ohare . 6 MS . OHARE : Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Sticka . 10 MR . STICKA : Aye . 11 MAYOR PROCHASKA : We are now in 12 public hearing . I would ask if there is someone 13 from the petitioner . 14 John, if you would like to 15 maybe lead us off . 16 MR . WYETH : Mr . Mayor , as City 17 Attorney, I would just announce that this is a 18 public hearing for this property . 19 It ' s brought by the owners of 20 the property, Gordon and Marcia Swanson . They 21 are also the developers . 22 As you have referenced, it ' s 23 for annexation, zoning, and special use for a 24 planned unit development . It has been Depo Court Reporting Service ( 630 ) 983-0030 5 1 appropriately noticed by publication in the 2 Kendall County Record . 3 And representing the developer 4 is their attorney, Mr . Chris Kopecky . 5 MAYOR PROCHASKA : All right . If you 6 would, go ahead and state your name . 7 WHEREUPON : 8 CHRISTOPHER L . KOPECKY, 9 testified before the City Council as follows : 10 MR . KOPECKY : Sure . Chris Kopecky 11 from Lord, Bissell & Brook . We are representing 12 the petitioners , Gordon and Marcia Swanson, in 13 connection with this proposed subdivision . 14 I ' ll just give you a real brief 15 background and then kind of hit the highlights of 16 what ' s contained in the annexation and PUD 17 agreement . 18 Just by way of background, the 19 reason why we are seeking PUD classification of 20 this property is that it ' s a somewhat unique 21 property . 22 I ' ve got a plat , I don ' t know 23 how easy you can see it , but Cannonball Trail is 24 up here and Route 47 is here . This is not far Depo Court Reporting Service ( 630 ) 983-0030 6 1 off either one of those roads . This is Boomer 2 Lane . There is a Methodist church up here , which 3 is a fairly recent development . I hope that 4 gives the folks an idea what we are talking 5 about . 6 As you can see, the property is 7 bounded on the south by Blackberry Creek, which 8 creates the uniqueness of the property . 9 This portion down here is 10 heavily wooded, and a large portion of it -- 11 which unfortunately is not shown on this 12 particular plat , I didn ' t have revised site plan 13 tonight so I had to use some of the engineering . 14 A large portion of the property is -- actually 15 the southern portion is in the floodplain . It 16 runs along the creek here . 17 Because of the nature of the 18 site , it creates some development challenges and 19 also great opportunities to preserve the 20 topography and all the existing vegetation . 21 It ' s a relatively densely 22 wooded site , but in order to preserve the dense 23 topography and the vegetation, we sought 24 certain variances from the state zoning Depo Court Reporting Service ( 630 ) 983-0030 7 1 classification . 2 Each of the lots is at least an 3 acre , which would be required by the state zoning 4 classification, and I ' ll go over it in a little 5 more detail what some of the variances are we are 6 seeking in just a moment . 7 While I am by the plat , let me 8 also comment the initial application contemplated 9 a five-lot subdivision, and, in fact , when we 10 presented to the Plan Commission we were 11 contemplating a five-lot subdivision . 12 What ' s happened is this was 13 originally going to be a large plot of about six 14 and a half acres , and at the time we talked to 15 the Plan Commission about retaining the right to 16 subdivide that in the future perhaps to as many 17 as three lots , so there would have been three 18 lots where there are two now . 19 In talking with the 20 petitioners , they made a decision that they 21 didn ' t really want to have that many lots , but in 22 order to create some certainty as to what was 23 going to happen in the future , they decided just 24 to go ahead and add this other lot here , so it ' s Depo Court Reporting Service ( 630 ) 983-0030 8 1 a six-lot subdivision . One , two, three , four, 2 five and six . 3 As I indicated, we are seeking 4 a Planned Unit Development because of the 5 uniqueness of the property, and I ' ll just 6 highlight some of the variances we are seeking . 7 This is going to be -- This 8 subdivision is going to be served by Blackberry 9 Road, the main road going through the 10 subdivision, which ends in this loop right here , 11 will be a private road, and in order to -- that ' s 12 spelled out in the annexation agreement , and it 13 will be maintained by an association, and also 14 there is a mechanism contemplated in the 15 annexation agreement such that if for whatever 16 reason it was not being maintained, the city 17 could come in and do maintenance . 18 There are not going to be 19 sidewalks within the subdivision itself, although 20 there is going to be a sidewalk from the existing 21 sidewalk on this subdivision up here , Blackberry 22 Creek, north down to this property to the 23 roadway . 24 The estate subdivision Depo Court Reporting Service ( 630 ) 983-0030 9 1 contemplates sidewalks or trails . Again , because 2 of the nature of the property and the fact that 3 there ' s only going to be six lots served by this 4 roadway, the feeling -- the petitioners have 5 sought to have -- the roadways would function as 6 a walk to the extent people want to -- want to 7 move within the subdivision . 8 Because of the topography 9 again, sewer would have been prohibitive because 10 it would have required a lift station, so each of 11 these lots is going to be served with a septic 12 field . 13 We will have city water and we 14 are -- we had just recently submitted preliminary 15 engineering . 16 One of the things that would 17 help in terms of moving this forward more quickly 18 was that when Blackberry Creek North subdivision 19 was approved, unfortunately no utilities were 20 reserved on any of those lots , so there was a 21 negotiation of an easement so that they could 22 bring water down and loop the water main , so 23 water is going to come down through this easement 24 that they were able to obtain for one of the Depo Court Reporting Service ( 630 ) 983-0030 10 1 property owners and then go back out the private 2 road up here and reconnect to Yorkville ' s 3 existing mains . 4 As I indicated, both the 5 private -- There will be an association which 6 will be able to enforce covenants and 7 restrictions related to the property and will 8 also be responsible for maintaining the road . 9 Each of these variances are 10 spelled out in this annexation agreement , the 11 draft annexation agreement , and that ' s really all 12 I have at this point . 13 MAYOR PROCHASKA : Okay . 14 MR . KOPECKY : Be happy to entertain 15 any questions . 16 MAYOR PROCHASKA : I ' d ask if there 17 are any comments or questions from the floor, 18 anyone that would like to testify and give 19 testimony to the City Council . 20 (No Response ) 21 MAYOR PROCHASKA: Hearing none , are 22 there any comments from the Council? Yes , 23 Wanda . 24 MS . OHARE : Isn ' t there a homeowner Depo Court Reporting Service ( 630 ) 983-0030 11 1 on the west side of Boomer Lane down toward the 2 creek that ' s not in the city? 3 MR . KOPECKY : Here? 4 MS . OHARE : Yes . 5 MR . KOPECKY : There is a homeowner 6 there . I think we have one home here . 7 MS . OHARE : Does your street end 8 there because it ' s like -- it goes to his 9 driveway or something? Because your -- 10 MR . KOPECKY : I don ' t recall exactly 11 where his driveway comes off here . No, actually 12 I think this is his driveway here . I think this 13 extends beyond his driveway . 14 MS . OHARE : The road that ' s not 15 paved? 16 MR . KOPECKY : The road is paved . 17 MS . OHARE : It is paved . 18 MR . KOPECKY : Yes . It ' s -- I don ' t 19 know whether it was done by -- I think it was 20 recently done -- I don ' t know whether the county 21 recently did it or it was a requirement of the 22 development of the church that I mentioned up 23 here that was recently developed, but there is 24 new blacktop on that roadway . Depo Court Reporting Service ( 630 ) 983-0030 12 1 MAYOR PROCHASKA : There are actually 2 two homes on the west side ; there is one that 3 actually connects to that , the other one I don ' t 4 think connects out to Boomer Lane, I think it 5 connects out to 47 . 6 MR . KOPECKY : Out to 47 . 7 MAYOR PROCHASKA : Yes , Richard . 8 MR . STICKA : Just a couple things . 9 Just a technical point . I noticed that the 10 address is given as 3150A and 3150C Cannonball I1 Trail , although technically the property is not 12 on Cannonball Trail . 13 MR . KOPECKY : Yeah . 14 MR . sticka : Is it a mailing address 15 or something? 16 MR . KOPECKY : No, I think the 17 address is retained because I think at one point 18 they owned a lot of this property up here , for 19 whatever reason, they -- 20 MR . STICKA : Just from the 21 standpoint of things being legally and 22 technically properly described, maybe it is . 23 MAYOR PROCHASKA : This is the legal 24 address of the property, so -- Dego Court Reporting Service ( 630 ) 983- 0030 13 1 MR . STICKA : Yeah . I don ' t know 2 what this -- whether that in any way affects 3 this , I don ' t know . That ' s not my area of 4 expertise . 5 The other thing I ' d bring up, 6 it ' s still of concern to me , there is one lot 7 that is not included in this annexation 8 agreement , and it concerns me that we would be 9 left with a single lot , a single property owner , 10 who is not in Yorkville , not subject to any of 11 Yorkville ' s ordinances , while his neighbors would 12 be . 13 I realize that this property 14 owner cannot be subjected to this , but I would 15 like to see that property annexed to the City and 16 have that person be -- that property owner become 17 a -- 18 MAYOR PROCHASKA : It might be a 19 discussion that the City can have that property 20 owner . Obviously it ' s nothing -- 21 MR . STICKA : I realize that -- I ' m 22 just saying it concerns me that what we ' ve done 23 if we do this , we have now completely surrounded 24 a single property owner with the City of Depo Court Reporting Service ( 630 ) 983-0030 14 1 Yorkville , which seems like a very peculiar thing 2 to do . 3 MAYOR PROCHASKA : Actually that ' s 4 happened in the past . 5 MR . STICKA : There is a lot of 6 peculiar things that have happened, this is one 7 more of them and now I am participating, and I ' m 8 not so sure that I necessarily agree with those 9 things that may have happened in the past . 10 It ' s just something that 11 concerns me, and you can foresee neighborly 12 disputes that could arise where one person is 13 subject to the City ' s ordinances and the neighbor 14 isn ' t . 15 MAYOR PROCHASKA : I think that we 16 can talk to the attorneys as to what the options 17 for the City would be on that . 18 MR . STICKA : Well , in terms of law 19 enforcement, it ' s likely that if there is an 20 issue that requires the police , it would be our 21 police going there , even though it ' s a resident that doesn ' t live in the cityand so forth , and 22 23 so we take on some responsibility without 24 receiving any taxation for that . Depo Court Reporting Service ( 630 ) 983-0030 15 1 I am pointing that out ; I am 2 not saying this is a reason to vote yes or no on 3 this particular one . 4 MR . KOPECKY : Is everybody clear? 5 It ' s this lot right here . It ' s probably obvious 6 to you . 7 MAYOR PROCHASKA : It ' s not part of 8 the property . 9 MR . KOPECKY : That ' s right . It was 10 previously conveyed . And, in fact , there is a 11 home under construction on that lot right now . 12 MR . STICKA : As far as the other 13 issues are concerned as far as not having it hook 14 up to city sewers , especially since it would 15 involve a lift station, it ' s to his benefit to 16 not require it . 17 MAYOR PROCHASKA : Joe . 18 MR . BESCO : The one concern I ' d like 19 to express is you say it ' s going to be a private 20 road, a homeowner ' s association being responsible 21 for it . 22 If in case that does fail and 23 the city is maintaining it , is the street going 24 to be built to city standards? Depo Court Reporting Service ( 630 ) 983-0030 16 1 MR . KOPECKY : It ' s not going to 2 be -- I don ' t think it ' s going to be built to the 3 standard of a normal subdivision street , but 4 those are issues we are working with Staff on 5 right now . 6 Like I said, we only had 7 submitted engineering last week . I believe that 8 our engineers had preliminary discussions with 9 Mr . Wyeth in that it ' s going to be similar to 10 other private roads in the area . 11 MAYOR PROCHASKA : I didn ' t see this 12 in here , but maybe this answers your question , 13 Joe , and this is -- You talk about there is 14 some language in here that the city can maintain 15 it . 16 What I actually would like to 17 see a little stronger in here would be that 18 should the roadway not be maintained, then the 19 city must take it over , that -- and we would be 20 able to do an SSA for the cost of upgrading the 21 road to city standards , that , you know, again, if 22 it becomes a city street -- As long as it ' s 23 private and they take care of it , I don ' t have a 24 problem, but if twenty years down the road we Depo Court Reporting Service ( 630 ) 983-0030 17 1 end up like we have in some of the other areas of 2 the town where the homeowner ' s association no 3 longer exists , nobody is maintaining it , we ' ve 4 actually had that issue on roads in the city, 5 too . 6 MR . KOPECKY : You are contemplating 7 a special assessment to bring it up to that 8 level . 9 I guess the one concern I would 10 have about that , you know, is that -- to the 11 extent it was just to resurface it , I think that 12 would be fine , but I don ' t know how much -- you 13 couldn ' t make -- I think it ' s a 30-foot roadway 14 minimum . I don ' t know that that would make 15 sense , you know, once the development is already 16 in place . 17 MAYOR PROCHASKA : Does it meet the 18 specifications for the -- what do you call it , 19 estate ? The estate zoning does not require curb 20 and gutters . 21 MR . KOPECKY : No, but it 22 contemplates at least a 28-foot wide minimum 23 roadway . 24 MR . STICKA : Have we made that same Depo Court Reporting Service ( 630 ) 983-0030 18 1 requirement in other places where we ' ve got 2 planned roads ? 3 MAYOR PROCHASKA : I believe we have 4 in a couple of our others when they ' ve done 5 private roads , that if the city should have to 6 take them over . 7 MR . STICKA : I don ' t remember that 8 that was -- 9 MR . BESCO : Most of them . 10 MAYOR PROCHASKA : I thought we had, 11 but we can check on that to make sure . It ' s just 12 that the question is should it be brought in and 13 should the roads need to be brought up to that 14 standard, I don ' t feel the taxpayers of Yorkville 15 should have to pay to improve the road to bring 16 it up to city standard if it becomes a city 17 street because if it is not to the width required 18 of a city street , is there some liability that 19 the city takes on . 20 In fact , now I would be willing 21 to go back to our city engineer, and I know we 22 have created a minimum standard for streets and 23 we are looking at in the existing part of town , 24 and I would think at the very least it should Depo Court Reporting Service ( 630 ) 983-0030 19 1 meet that , whatever that minimum is . 2 MR . WYETH : I ' ll check on those at 3 the conclusion . 4 MAYOR PROCHASKA : Any other 5 discussion? 6 (No Response ) 7 MAYOR PROCHASKA : Hearing none , I 8 would entertain a motion to close the public 9 hearing . 10 MR . STICKA : So moved . 11 MS . BURD : Second . 12 MAYOR PROCHASKA : Moved and 13 seconded . May I have roll call , please ? 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MS . MILSCHEWSKI : Kot . 17 MR . KOT : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR . MUNNS : Aye . 20 MS . MILSCHEWSKI : Ohare . 21 MS . OHARE : Aye . 22 MS . MILSCHEWSKI : Spears . 23 MS . SPEARS : Aye . 24 MS . MILSCHEWSKI : Sticka . Depo Court Reporting Service ( 630 ) 983-0030 20 1 MR . STICKA : Aye . 2 MS . MILSCHEWSKI : Besco . 3 MR . BESCO : Aye . 4 MAYOR PROCHASKA : Motion is 5 carried . 6 (Which were all the 7 proceedings reported 8 at the date and time 9 aforementioned . ) 10 ---000--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 21 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH , being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and I1 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I . ve hereunto set a n 15 my hand this _ILIA day of 1/2 16 2004 . 17 18 52-Ut( 7/ CHRISTINE M . VITOSH ,-C . S . R . 20 CSR License No . 084 -002883 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Multi-Pagel & -heavily October 12, 2004 ahead[2] 5:6 7:24 Council[4] 1:1 5:9 10:19 19:8 -&- Alderman[4] 2:3,4,5,9 -C- 10:22 especially[1] 15:14 &[2] 2:14 5:11 Alderwoman[3] 2:6,7 C[2] 2:13 3:15 county[5] 3:8,16 5:2 estate[4] 3:9 8:24 17:19 2:8 C.S.R[2] 1:8 21:19 11:20 21:2 17:19 Allegiance[1] 3:2 couple[2] 12:8 18:4 everybody[1] 15:4 -0- Cannonball[4] 3:15 covenants[1] 10:6 084-002883 [1] 21:20 along[1] 6:16 5:23 12:10,12 exactly[i] 11:10 ANN[1] 2:8 cannot[1] 13:14 create[1] 7:22 existing[4] 6:20 8:20 annex[1] 3:6care[1] 16:23 created[1] 18:22 10:3 18:23 -1- annexation[8] 3:11 4:23 creates[2] 6:8,18 exists[1] 17:3 carried[1] 20:5 14.49[1] 3:14 5:16 8:12,15 10:10,11 case[1] 15:22 creek[5] 6:7,16 8:22 9:18 expertise[1] 13:4 13:7 certain[1] 6:24 11:2 express[1] 15:19 -2- annexed[1] 13:15 CSR[1] 21:20 extends[1] 11:13 certainty[1] 7:22 2004[2] 1:9 21:16 announce[1] 4:17 curb[1] 17:19 extent[2] 9:6 17:11 answers[1] 16:12 Certified[1] 21:5 2004-14[1] 3:5 appeared[1] 2:16 challenges[1] 6:18 -D- -F- 28-foot[1] 17:22 check[2] 18:11 19:2 application[1] 7:8 D-732304[1] 1:21 [2] 5:4,10 F[1] 2:2 Chris appropriately[1] 5:1 date[1] 20:8 fact[4] 7:9 9:2 15:10 -3_ CHRISTINE[3] 1:8 approved[1] 9:19 decided[1] 7:23 18:20 30-foot[1] 17:13 21:4,19 300[1] 2:14 area[2] 13:3 16:10 CHRISTOPHER[1] decision[1] 7:20 fail[1] 15:22 areas[1] 17:1 5:8 dense[1] 6:22 fairly[i] 6:3 3 150[2] 3:14,15 arise[1] 14:12 3150A[1] 12:10 church[2] 6:2 11:22 densely[1] 6:21 far[3] 5:24 15:12,13 ARTHUR[1] 2:2 city[33] 1:1,2,10 2:10,11 described[1] 12:22 Farm[1] 1:10 3150C[1] 12:10 assessment[1] 17:7 2:17 3:7,8 4:16 5:9 8:16 detail[1] 7:5 feeling[1] 9:4 355-1458[1] 2:15 association[4] 8:13 9:13 10:19 11:2 13:15,19 developed[1] 11:23 field[1] 9:12 380[1] 2:14 10:5 15:20 17:2 13:24 14:17,22 15:14,23 developer attorney[z] 4:17 5:4 15:24 16:14,19,21,22 17:4 p [1] 5:3 Fifth[1] 2:14 _4_ 18:5,16,16,18,19,21 developers[1] 4:21 fine[1] 17:12 attorneys[1] 14:16 City's[1] 14:13 development[8] 3:10 first[1] 21:4 47[3] 5:24 12:5,6 Avenue[1] 2:14 Class[1] 3:9 3:11 4:24 6:3,18 8:4 11:22 five[1] 8:2 Aye[14] 3:22,24 4:2,4,6,8 17:15 4:10 19:15,17,19,21,23 classification[3] 5:19 five-lot[2] 7:9,11 -6- 20:1,3 7.1'14 discussion[3] 3:5 13:19 floodplain[1] 6:15 60563[1] 2:15clear[1] 15:4 19:5 630[1] 2:15 -B- Clerk[1] 2:11 discussions[1] 16:8 floor[1] 10:17 disputes[1] 14:12 folks[1] 6:4 close[1] 19:8 follows[1] 5:9 _7_ background[2] 5:15,18 comment[1] 7:8 District[1] 3:10 become[1] 13:16 doesn't[1] 14:22 foregoing[2] 21:9,10 7:00[1] 1:9 comments[2] 10:17,22 foresee[1] 14:11 becomes[2] 16:22 18:16 done[4] 11:19,20 13:22 behalf[1] 2:16 Commission[2] 7:10 18:4 forth[1i 14:22 7:15 -8- down[6] 6:9 8:22 9:22 forward[1] 9:17 benefit[1] 15:15 completely[1] 13:23 800[1] 1:10 Besco[7] 2:5 3:21,229:23 11:1 16:24 four[1] 8:1 concern[3] 13:6 15:18 draft[1] 10:11 function[1] 9:5 15:18 18:9 20:2,3 17:9 -A- beyond[1] 11:13 concerned[1] 15:13 driveway[4] 11:9,11,12 future[2] 7:16,23 A-1 [1] 3:8 Bissell[1] 5:11 concerns[3] 13:8,22 11:13 able[3] 9:24 10:6 16:20 Blackberry[4] 6:7 8:8 14:11 duly[1] 21:4 -G- above-entitled[1] 1:7 8:21 9:18 conclusion[1] 19:3 _ Game[1] 1:10 acre[1] 7:3 blacktop[1] 11:24 connection[1] 5:13 _E given[1] 12:10 acres[2] 3:14 7:14 Boomer[3] 6:1 11:1 12:4 connects[3] 12:3,4,5 E[4] 2:1,1,13,13 goes[1] 11:8 add[1] 7:24 bounded[1] 6:7 consists[1] 3:13 easement[2] 9:21,23 Gordon[3] 3:5 4:20 5:12 address[4] 12:10,14,17 brief[1] 5:14 construction[1] 15:11 East[1] 2:14 GRAFF[1] 2:10 12:24 bring[4] 9:22 13:5 17:7 contained[1] 5:16 easy[1] 5:23 great[1] 6:19 Administrator[1] 2:10 18:15 contains[1] 21:12 either[1] 6:1 guess[1] 17:9 affects[1] 13:2 Bristol[1] 3:15 contemplated[2] 7:8 end[2] 11:7 17:1 gutters[1] 17:20 aforementioned[1] BROMBEREK[1] 8:14 ends[1] 8:10 2:14 20:9 contemplates[2] 9:1 enforce[1] 10:6 -Il- Brook[1] 5:11 17:22 aforesaid[1] 21:12 enforcement[1] 14:19 again[3] 9:1,9 16:21 brought[3] 4:19 18:12 contemplating[z] 7:11 g half[1] 7:14 engineer[1] 18:21 18:13 17:6 hand[1] 21:15 agree[1] 14:8 engineering[3] 6:13 built[2] 15:24 16:2 conveyed[1] 15:10 happy[1] 10:14 agreement[7] 3:12 5:17 y 9:15 16:7 Burd[�] 2:6 3:18,23,24 correct[1] 21:11 hearing[9] 3:4,10 4:12 8:12,15 10:10,11 13:8 engineers[1] 16:8 19:11,14,15 cost[1] 16:20 4:18 10:21 19:7,9 21:9,13 Agricultural[1] 3:8 business[1] 21:7 entertain[3] 3:3 10:14 heavily[1] 6:10 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 Multi-Pagel1Vf HEITZ - Second October 12, 2004 HEITZ[1] 2:14 legally[1] 12:21 PC[1] 3:5 really[2] 7:21 10:11 help[1] 9:17 level[1] 17:8 -N- peculiar[2] 14:1,6 reason[4] 5:19 8:16 hereunto[1] 21:14 liability[11 18:18 N[2] 2:1,13 people[1] 9:6 12:19 15:2 highlight[1] 8:6 License[1] 21:20 name[1] 5:6 perhaps[1] 7:16 receiving[1] 14:24 highlights[1] 5:15 lift[2] 9:10 15:15 Naperville[11 2:15 person[2] 13:16 14:12 recent[11 6:3 hit[1] 5:15 likely[1] 14:19 nature[2] 6:17 9:2 petitioner[21 3:12 4:13 recently[41 9:14 11:20 home[2] 11:6 15:11 live[1] 14:22necessarily[1] 14:8 petitioners[4] 3:6 5:12 11:21,23 homeowner[2] 10:24 longer[1] 17:3 need[1] 18:13 7:20 9:4 reconnect[1] 10:2 11:5 looking[1] 18:23 negotiation[11 9:21 place[1] 17:16 Record[1] 5:2 homeowner's[2] 15:20 loop[2] 8:10 9:22 places[1] 18:1 referenced[1] 4:22 neighbor[11 14:13 plan[3] 6:12 7:10,15 g 17:2 Lord[1] 5:11 Registered[1] 21:6 neighborly[11 14:11 homes[1] 12:2 lots[7] 7:2,17,18,21 9:3 neighbors[1] 13:11 planned[5] 3:10,11 4:24 related[11 10:7 hook[11 15:13 9:11,20 8:4 18:2 relatively[1] 6:21 new[1] 11:24 hope[1] 6:3 plat[3] 5:22 6:12 7:7 remember[11 18:7 hour[1] 1:9 -M- nobody[1] 17:3 Pledge[1] 3:1 REPORT[1] 1:6 none[2] 10:21 19:7 plot[11 7:13 reported[2] 20:7 21:8 M[3] 1:8 21:4,19 normal[1] 16:3 -I- point[3] 10:12 12:9,17 Reporter[2] 21:6,7 mailing[11 12:14 north[2] 8:22 9:18 1 idea[11 6:4 main[2] 8:9 9:22 notes[1] 21:11 pointing[ ] 15:1 representing[2] 5:3,11 Illinois[7] 1:2,11 2:15 mains[1] 10:3police[2] 14:20,21 request[1] 3:6 2:17 3:16 21:1,7 nothing[1] 13:20 portion[41 6:9,10,14,15 require[2] 15:16 17:19 maintain[1] 16:14 noticed[2] 5:1 12:9 improve[1] 18:15 preliminary[2] 9:14 required[3] 7:3 9:10 maintained[3] 8:13,16 now[7] 4:11 7:18 13:23 16:8 18:17 included[1] 13:7 16:18 14:7 15:11 16:5 18:20 indicated[2] 8:3 10:4 maintaining[3] 10:8 presented[1] 7:10 requirement[2] 11:21 initial[1] 7:8 15:23 17:3 -O- preserve[2] 6:19,22 18:1 involve[1] 15:15 maintenance[1] 8:17 previously[1] 15:10 requires[1] 14:20 issue[2] 14:20 17:4 Marcia[3] 3:5 4:20 5:12 oath[1] 21:5 private[7] 8:11 10:1,5 reserved[1] 9:20 issues[2] 15:13 16:4 MARTY[1] 2:9 obtain[1] 9:24 15:19 16:10,23 18:5 Residence[1] 3:9 itself[1] 8:19 matter[1] 1:7 obvious[1] 15:5 problem[1] 16:24 resident[1] 14:21 may[3] 3:20 14:9 19:13 Obviously[1I 13:20 proceedings[4] 1:6 20:7 Response[2] 10:20 19:6 -J- Mayor[25]5:5 0: RCHAKA October[1] 1:9 21:9,13 responsibility[1] 14:23 3:3,19 POS [241 2:2 4:11,16 5:5 10:13,16,21 off[3] 4:15 6:1 11:11 responsible[2] 10:8 JACQUELYN[1] 2:11 12:1,7,23 13:18 14:3,15 Ohare[10] 2:7 4:5,6 3:3,19 4:11 5:5 10:13,16 15:20 Joe[2] 15:17 16:1315:7,17 16:11 17:17 18:3 10:24 11:4,7,14,17 19:20 10:21 12:1,7,23 13:18 8 restrictions[1] 10:7 John[2] 2:16 4:14 18:10 19:4,7,12 20:4 19:21 14:3,15 15:7,17 16:11 17:17 18:3,10 19:4,7,12 resurface[1] 17:11 JOSEPH[1] 2:5 mechanism[11 8:14 once[1] 17:15 20:4 retained[1] 12:17 JUSTIN[11 2:16 meet[2] 17:17 19:1 one[14] 6:1 8:1 9:16,24 Professional[1] 21:6 retaining[1] 7:15 meeting[z] 1:1,6 11:6 12:2,3,17 13:6 14:6 prohibitive[1] 9:9 revised[1] 6:12 -K- mentioned[1] 11:22 14:12 15:3,18 17:9 roperly[1] 12:22 rezone[1] 3:7 Methodist[1] 6:2 One-Family[1] 3:9 Kendall[3] 3:7,16 5:2opportunities[1] 6:19 property[231 3:13 4:18 RICH[1] 2:3 kind[1] 5:15 might[1] 13:18 4:20 5:20,21 6:6,8,14 8:5 Richard[1] 12:7 Kopecky[18] 5:4,8,10 MILSCHEWSKI[151 options[1] 14:16 8:22 9:2 10:1,7 12:11,18 right[7] 5:5 7:15 8:10 5:10 10:14 11:3,5,10,16 2:11 3:21,23 4:1,3,5,7,9 order[3] 6:22 7:22 8:11 12:24 13:9,13,15,16,19 15:5,9,11 16:5 11:18 12:6,13,16 15:4,9 19:14,16,18,20,22,24 20:2 ordinances[2] 13:11 13:24 15:8 16:1 17:6,21 minimum[4] 17:14,22 14:13 proposed[11 5:13 road[121 1:10 8:9,9,11 18:2219:1 originally[1] 10:2,811:14,1615:20 Kot[5] 2:4 4:1,2 19:16,17g y 7:13 public[6] 3:4 4:12,18 16:21,24 18:15 moment[1] 7:6 owned[1] 12:18 19:8 21:9,13 roads[6] 6:1 16:10 17:4 -L- Most[1] 18:9 owner[5] 13:9,14,16,20 publication[1] 5:1 18:2,5,13 motion[3] 3:4 19:8 20:4 13:24 PUD[2] 5:16,19 roadway[6] 8:23 9:4 L[1] 5:8 owners[2] 4:19 10:1 purposes[11 3:4 11:24 16:18 17:13,23 Lane[3] 6:2 11:1 12:4 move[1] 9:7 language[1] 16:14 moved[4] 3:17,19 19:10 roadways[1] 9:5 19:12 -P- -Q- roll[2] 3:20 19:13 large[31 6:10,14 7:13 moving[11 9:17 ROSE[1] 2:8 LARRY[1] 2:4 P[3] 2:1,13,13 questions[z1 10:15,17 LASALLE[1] 21:2 MS[31] 2:6,7,8,11 3:18 p.m[1] 1:9 quickly[1] 9:17 Route[1] 5:24 3:21,23,24 4:1,3,5,6,7,8,9 p [2] 15:7 18:23 runs[1] 6:16 last[1] 16:7 10:24 11:4,7,14,17 19:11 law[1] 14:18 19:14,15,16,18,20,21,22 participating[1] 14:7 -R- lead[11 4:15 19:23,24 20:2 particular[2] 6:12 15:3 R[21 2:1,13 -S least[3] 7:2 17:22 18:24 Munns[6] 2:9 3:17 4:3,4 past[2] 14:4,9 R.P.R[1] 1:8 S[2] 2:1,13 19:18,19 paved[3] 11:15,16,17 real[2] 3:13 5:14 says[1] 21:5 left[1] 13:9 must[1] 16:19 legal[1] 12:23 pay[1] 18:15 realize[z] 13:13,21 Second[z] 3:18 19:11 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 i Multi-Page`"` seconded - zoning October 12, 2004 seconded[2] 3:20 19:13 surrounded[1] 13:23 see[5] 5:23 6:6 13:15 Swanson[3] 3:6 4:20 -W- 16:11,17 5:12 walk[11 9:6 seeking[41 5:19 7:6 8:3 sworn[1] 21:5 Wanda[2] 2:7 10:23 8:6 sense[11 17:15 -T- water[4] 9:13,22,22,23 septic[1] 9:11 week[1] 16:7 T[1] 2:1 west[2] 11:1 12:2 3 11 served[ 1 8:8 9.3, takes[1] 18:19 set[11 21:14 WHEREOF[1] 21:14 taxation[1] 14:24 wide[1] 17:22 sewer[1] 9:9 taxpayers[11 18:14 sewers[1] 15:14 width[11 18:17 shorthand21:6,8,11 technical[1] 12:9 willing[1] 18:20 technically[2] 12:11,22 within[21 8:19 9:7 shown[1] 6:11 terms[2] 9:17 14:18 side[2] 11:1 12:2 without[11 14:23 sidewalk 8:20,21 testified[1] 5:9 WITNESS[1] 21:14 sidewalks[2] 8:19testify[11 10:18 wooded[2] 6:10,22 testimony[1] 10:19 Wyeth[5] 2:14,16 4:16 similar[1] 16:9 they've[1] 18:4 16:9 19:2 single[3] 13:9,9,24 thought[1] 18:10 site[3] 6:12,18,22 three[3] 7:17,17 8:1 -Y- six[3] 7:13 8:2 9:3 through[21 8:9 9:23 g years[1] 16:24 six-lot[1] 8:1 tonight[1] 6:13 Yorkville[81 1:2,10 2:17 someone[11 4:12 TONY[1] 2:10 3:7,9 13:10 14:1 18:14 somewhat[1] 5:20 too[1] 17:5 Yorkville`s[2] 10:2 sought[2] 6:23 9:5 topography[3] 6:20,23 13:11 south[11 6:7 9:8 southern[1] 6:15 toward[1] 11:1 -Z- Spears[5] 2:8 4:7,8 19:22 town[2] 17:2 18:23 zoning[4] 4:23 6:24 7:3 19:23 Township[11 3:15 17:19 special[21 4:23 17:7 Trail[4] 3:15 5:23 12:11 specifications[11 17:18 12:12 spelled[2] 8:12 10:10 trails[1] 9:1 SS[1] 21:1 transcript[1] 21:11 SSA[11 16:20 true[1] 21:10 Staff[1] 16:4 twenty[1] 16:24 standard[4] 16:3 18:14 two[3] 7:18 8:1 12:2 18:16,22 standards[2] 15:24 -U- 16:21 standpoint[1] 12:21 under[1] 15:11 state[5] 5:6 6:24 7:3 21:1 unfortunately[2] 6:11 21:7 9:19 station[2] 9:10 15:15 unique[1] 5:20 sticka[16] 2:3 4:9,10 uniqueness[2] 6:8 8:5 12:8,14,20 13:1,21 14:5 unit[4] 3:10,11 4:24 8:4 14:18 15:12 17:24 18:7 United[4] 1:2 2:16 3:7,8 19:10,24 20:1 up[12] 5:24 6:2 8:21 10:2 still[1] 13:6 11:22 12:18 13:5 15:14 street[6] 11:7 15:23 16:3 17:1,7 18:13,16 16:22 18:17,18 upgrading[1] 16:20 streets[1] 18:22 utilities[1] 9:19 stronger[1] 16:17 subdivide[1] 7:16 -V- subdivision[12] 5:13 VALERIE[1] 2:6 7:9,11 8:1,8,10,19,21,24 9:7,18 16:3 variances[41 6:24 7:5 subject[2] 13:10 14:13 8:6 10:9 subjected[1] 13:14 vegetation[2] 6:20,23 submitted[2] 9:14 16:7 VITOSH[3] 1:8 21:4,19 such[1] 8:15 vote[1] 15:2 Suite[1] 2:14 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON- , TUESDAY,OCTOBER 26,2004. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Representative Kelly Kramer,Police Chief Martin,Director of Public Works Dhuse, Finance Director Pleckham,and Executive Director of Parks&Recreation Laura 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 City Clerk Milschewski noted that the correct dates for the Minutes for Approval were July 20, 2004 and March 16,2004. She stated that the incorrect date was on the March 16th minutes. Mayor Prochaska asked to add a Presentation by the Moose Lodge 2371 to the agenda after the Committee Meeting Dates. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,November 22,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,November 18,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,November 4,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,November 15,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced PRESENTATIONS Representatives from Moose Lodge 2371 and the Yorkville Women of the Moose—Chapter 2017 presented the Police Department with a check for$1500.00 for use on the K-9 dog run and for equipment for the K-9 squad. Mayor Prochaska and Chief Martin thanked them for the donation. PUBLIC HEARINGS PC 2004-16 Saravanos Properties Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2004-16 Saravanos Properties,LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property The Minutes of the Regular Meeting of the City Council—October 26,2004-nage 2 consists of approximately 2 acres at 7131 Route 47,Kendall Township,Kendall County,Illinois. So moved by Alderman Kot;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye Please see attached Report of Proceedings taken before Chris Visla,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye CITIZEN COMMENTS Lois Seaton,3123 Bristol Ridge Road addressed the Council. She presented the Council with two petitions;one opposing the Autumn Creek Development Concept Plan and the other requesting noise and construction time ordinances for all development within the City limits(see attached). She also read a letter dated October 25,2004 listing her objections and concerns about the Autumn Creek Development(see attached). CONSENT AGENDA 1. Resolution 2004-41—Declaring Official Intent for Rob Roy Creek Interceptor- authorize the Mayor and City Clerk to execute authorizing the issuance of bonds to finance this project in an amount not to exceed$20,000,000.00. 2. Smith Engineering Proposal/Agreement for Traffic Impact&Intersection Design Study for Routes 47 and Wheaton Avenue—authorize Mayor to execute in an amount not to exceed$32,250.00 upon receiving deposit from FE Wheaton 3. Fourth Annual Tri-City Challenge Sponsorship-authorize cash donation in an amount not to exceed$250.00, use of Park&Riveifront Shelter and Public Relations/Media spots through the City's paid advertisements. Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Kot;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONLNG BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the Committee of the Whole meetings from July 20,2004 and the amended date of March 16,2004;seconded by Alderman Kot. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated October 15,2004 totaling the following amounts;checks in the amount of $1,714,393.49(vendor);$140,003.24(payroll period endingl0/02/04)for a total of $1,854,396.73;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye REPORTS MAYOR'S REPORT FY 2003/2004 Audit Mayor Prochaska entertained a motion to accept the Audit Report for fiscal year 2003/2004(FY 03/04)as prepared and presented by PTW Accountants and Management Consultants.So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye The Minutes of the Regular Meeting of the City Council—October 26,2004-page 3 PNA Sanitary Utility Easement Agreement Mayor Prochaska entertained a motion to approve the Grant of Sanitary Sewer Easement Agreement for the Rob Roy Creek Sanitary Sewer Project between the United City of Yorkville, the Youth Camp Association of Districts 12 and 13 Polish National Alliance(PNA)and the Yorkville-Bristol Sanitary District as presented and to authorize the Mayor and City Clerk to execute all documents as recommended by the City Attorney. Mayor Prochaska asked if the motion should be subject to the determination of funding. Attorney Kramer stated that it wasn't necessary to have the motion state this. She also noted that the PNA has verbally agreed to the easement however has not signed the agreement yet. So moved by Alderman Besco;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye Conover/Fisher Sanitary Utility Easement Agreement Mayor Prochaska entertained a motion to approve the Grant of Sanitary Sewer Easement Agreement for the Rob Roy Creek Sanitary Sewer Project between the United City of Yorkville, Gary L.Conover,Delores C.Lies,Gail Fisher and Diane J.Conover and the Yorkville-Bristol Sanitary District as presented and to authorize the Mayor and City Clerk to execute all documents as recommended by the City Attorney.So moved by Alderman Besco;seconded by Alderman Ohare. Attorney Kramer noted that the Fisher/Conover family has executed the documents and minor revisions suggested by their attorney were made. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Ohare-aye Spears-aye,Sticks-aye,Besco-aye, Finance Plan for Master Facilities Plan Mayor Prochaska reported that at the recommendation of the Council,the Finance Director and City Treasurer have made a recommendation as to the funding for the project. If the funds are available after the budget is revised mid-year,they will be allocated to the project. He also noted that the audit indicated that there is a large sum in the General Fund that is above the recommended 25%overage and it has been recommended to direct those funds to this project. Mayor Prochaska entertained a motion to approve the finance plan of$60,000.00 to be funded this fiscal year either with current revenue sources and/or fund balance and the remainder of the payment to be funded next fiscal year for the Master Facility Plan with the firm of Yas/Fischel and authorize the Mayor and City Clerk to sign the agreement upon final legal review by the City Attorney and financial review by the City Treasurer.So moved by Alderman Besco;seconded by Alderman Ohare. Alderman Ohare noted that she was reviewing her notes regarding the study and one concern that was discussed was that Yas/Fischel needed to look more into their planning of Parks& Recreation. She stated that even though this was not related to the motion,she wanted the Council and Executive Director of Parks&Recreation Laura Brown to remember this and address it when the study is being done. Alderman Sticka stated that the letter the Council received from Director Pleckham dated October 22,2004 stated that there are fund balances in excess of the 25%goal. He asked if after funds were allocated to this study,would there still be an overage of 25%in these accounts. Treasurer Powell clarified that the funds will still have a 25%excess. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye Resolution 2004-42 Route 47 Improvements Mayor Prochaska stated that the resolution was revised based on the Council's recommendations. He read Resolution 2004-42-Resolution to the Illinois Department of Transportation Concerning Illinois State Route 47(see attached). Mayor Prochaska entertained a motion to approve a Resolution to the Illinois Department of Transportation concerning Illinois State Route 47 as presented by the Mayor. So moved by Alderman Kot;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—October 26,2004—page 4 He stated that the resolution will be sent to all elected officials in the area,the Governor's office, both federal and state representatives,IDOT and the Department of Economic Opportunity. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell reported that the Annual Treasurer's Account for fiscal year 2003/2004 is scheduled to be published in the Kendall County Record on October 28,2004. Furthermore,the report has been filed with the Municipal Clerk's office and a copy will be filed this week with the Kendall County Clerk's office as required by law within six months after the end of the fiscal year. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the cold patch should be removed on Kennedy Road where the storm drains were installed and the hot patch installed,weather permitting. He stated that ComEd has finished their relocation of utility poles and the other utilities in the area should be done by the end of the week. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that brush pick-up scheduled for this week was already finished, He stated that the last leaf pick-up is scheduled the week of November 15,2004. He reminded citizens to leave the leaves in the parkway and noted that the new vacuum is working great. CHIEF OF POLICE REPORT Chief Martin noted that Halloween is Sunday and the hours for trick-or-treating are 4:00 to 7:00 P.M. He also reported that the business trick-or-treating is scheduled for Saturday and asked residents to drive safely. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that the Halloween Egg Hunt is scheduled for Saturday,October 30, 2004 at 7:00 P.M.at Town Square Park. Mayor Prochaska noted that the River's Edge Park is finished and Director Brown stated that everything has been installed except two park benches. She stated that the park is very active and drawing crowds. COMMUNITY&LIAISON REPORT YEDC Annual Meeting Mayor Prochaska reported that he and Aldermen Sticka and Burd attended the Yorkville Economic Development Corporation Annual Meeting. He reported that the guest speaker was Jack Lavin from the Department of Economic Opportunity and the event was well attended. Aurora Area Convention and Visitors Bureau(AACVB)Poker Run Mayor Prochaska reported that he and Alderman Burd will be attending the Poker Run sponsored by the AACVB on October 27,2004 at 5:30 P.M.Alderman Burd noted that she had one ticket left if anyone was interested in attending. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle—Johnson Street Watermain Sanitary Sewer-Reimbursement A motion was made by Alderman Besco to approve the reimbursement for the first payment of $36,023.35 for the Johnson Street Watermain project to Richard Marker&Associates;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye Kot-aye, The Minutes of the Regular Meeting of the City Council—October 26,2004—page 5 Rob Roy Creek Interceptor-Results of Bid Opening Attorney Kramer stated that further discussion was needed with the YBSD regarding the bid documents and she asked that this item be continued until the next City Council meeting. A motion was made by Alderman Besco to continue the approval of the base bid for the Rob Roy Creek Interceptor until the next City Council meeting;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye Rob Roy Creek Interceptor—Use of Reserve Funds A motion was made by Alderman Besco to approve the use of Sanitary Sewer Improvement reserve fund for payment of the Rob Roy Creek Interceptor Project Contract 1 as bridge financing for the project;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-56 Villas at the Preserve Authorizing the Execution of the Annexation and Planned Unit Agreement A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of an Annexation and Planned Unit Development Agreement of Burnside Construction Company and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Besco. Alderman Sticka noted that it had been ascertained that the developer was going to pay the $1,000.00/home fee to the Bristol-Kendall Fire District however the agreement he reviewed still indicated only$300.00/home. Attorney Kramer noted that the$1000.00 fee is in the executed copy of the agreement. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Prochaska-aye Ordinance 2004-57 Villas at the Preserve-Annexation A motion was made by Alderman Sticka to approve an Ordinance annexing properties of Conifer Group,LLC to the United City of Yorkville,Kendall County,Illinois;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye Villas at the Preserve-Consent to Creation of SSA Per Attorney Kramer,no vote was needed for the consent to create the SSA because this is addressed in the Enabling Ordinance. She stated that both the owner and the developer have consented to the creation of the SSA. Ordinance 2004-58 Villas at the Preserve Enabling the Creation of Special Service Tax Area A motion was made by Alderman Sticka to approve the enabling Ordinance to create the Special Service Area for Conifer Group,LLC;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Ordinance 2004-59 Villas at the Preserve-Establishing Special Service Tax Area A motion was made by to approve an Ordinance establishing a Special Service Tax Area for the Villas at the Preserve Subdivision;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—October 26,2004—page 6 ADMINISTRATION COMMITTEE REPORT Recreation Supervisor New Hire A motion was made by Alderman Ohare to approve the hiring of a Recreation Supervisor as presented by the Executive Director of Parks&Recreation and recommended by the Park and Recreation Board and to authorize the use of fund balance to be transferred to the Recreation line items in the amount of$17,500.00 Employee Salaries,$1,800.00 IMRF and$1,350.00 Social Security for a total transfer of$20.650.00 of Fund Balance;so moved by Alderman Kot. Alderman Spears noted that on the Park Board meeting agenda for October 25,2004 there was an item"Recreation Supervisor—Tim Evans"and she asked if this was the person who was being recommended for hire.Director Brown stated that there wasn't a quorum at the meeting so it was cancelled however this is the person who has been recommended providing the position is approved. Motion approved by a roll call vote. Ayes-5 Nays-1 Kot-aye,Ohare-aye,Spears-nay,Sticka-aye,Besco-aye,Burd-aye Ordinance 2004-60 SSA 2004-104 Grande Reserve Central—Fixed Rate Bond Ordinance A motion was made by Alderman Ohare to approve an Ordinance amending Ordinance Number 2004-49(An Ordinance Establishing United City of Yorkville Special Service Area Number 2004-104,Central Grande Reserve)and authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-5 Nays-0 Present-I Ohare-aye,Spears-present,Sticka-aye,Besco-aye,Burd-aye,Kot-aye Ordinance 2004-61 SSA 2004-104 Grande Reserve Central—Fixed Rate Trust Indenture A motion was made by Alderman Ohare to approve an Ordinance providing for issuance of United City of Yorkville,Kendall County,Illinois Special Service Area 2004-104 Central Grande Reserve Special Tax Bonds,Series 2004 not to exceed$14,000,000.00 principal amount and to authorize the Mayor,City Clerk,City Treasurer,City Attorney and Finance Director to execute all documents as recommended by the City's Special Service Area professional team of consultants;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-5 Nays-0 Present-1 Ohare-aye,Spears-present,Sticka-aye,Besco-aye,Burd-aye,Kot-aye Resolution 2004-43 Intent for Raintree Village Phase II SSA A motion was made by Alderman Ohare to approve a Resolution declaring Official Intent of the United City of Yorkville,Illinois for Raintree Village Phase 11 Special Service Area;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-5 Nays-0 Present-1 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Ohare-aye ADDITIONAL BUSINESS Road Medians Alderman Sticks stated that recently some residents have come before the Council stating that there are no roads in Kendall County that were two lanes separated by a median. He stated that he drove through Raintree Village and there is a long stretch with this type of road and it was very nice to drive along. He also commented that he did not think that the Council will ever again have a resident come before them requesting a wider road in front of their house. Pat Summerall Productions Alderman Spears stated that she is still requesting a list of contributors to the Pat Summerall Productions Project. Both Mayor Prochaska and Alderman Ohare stated that the final list had been given to the Council. Mayor Prochaska stated he would get another copy to Alderman Spears. Ward Map Alderman Spears asked if the Council would be receiving the Ward Map indicating subdivisions as she requested. Mayor Prochaska stated that he spoke with City Engineer Joe Wywrot and he is working on the map however he has an issue because they have received a new base map from Kendall County. Mayor Prochaska stated that he asked that the ward map be made a priority. SSA Information Alderman Besco stated that lie recently asked for information regarding SSA's and was told that no studies have been done regarding them. He stated that he recently heard on the radio about a The Minutes of the Regular Meeting of the City Council—October 26,2004—page 7 study that was done on how many times a deer defecates in a day. He stated that SSA's have been around for ten years however there are no statistics on them but studies have been done on deer defecation. 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 Attorney Kelly Kramer be included. He stated action may be taken after the session. So moved by Alderman Kot;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Besco-aye,Burd-aye,Kot-aye,Spears-aye,Sticka-aye The Council took a break and entered into Executive Session at 8:05 P.M. The Council returned to regular session at 8:26 P.M. No further action was taken. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:27 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M. VITOSH, C . S . R . , R . P . R . , on October 26 , 2004 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-734704 __(--- ,,,,; DEro e COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor ; 3 MR . RICH STICKA, Alderman; 4 MR . LARRY KOT , Alderman; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MS . WANDA OHARE , Alderwoman; 8 MS . ROSE ANN SPEARS , Alderwoman; 9 MR . WILLIAM POWELL, City Treasurer; 10 MR . TONY GRAFF, City Administrator; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 APPEARANCES : 14 LAW OFFICES OF DANIEL J. KRAMER 1107A Bridge Street 15 Yorkville , Illinois 60560 BY : MS . KELLY KRAMER, 16 appeared on behalf of the United City of Yorkville , Illinois . 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of 2 Allegiance ) 3 MAYOR PROCHASKA : PC 2004 -16 , 4 Saravanos Properties , LLC , Petitioner, Request to 5 annex to the United City of Yorkville and rezone 6 from Kendall County A-1 Agricultural to United 7 City of Yorkville B-3 Service Business District 8 and for hearing as to the Annexation Agreement of 9 Petitioner . 10 The real property consists of 11 approximately two acres at 7131 Route 47 , Kendall 12 Township , Kendall County, Illinois . 13 I would entertain a motion to 14 go into public hearing . 15 MR . KOT : So moved . 16 MR . BESCO : Second . 17 MAYOR PROCHASKA : Moved and 18 seconded . May I have roll call , please? 19 MS . MILSCHEWSKI : Besco . 20 MR . BESCO : Aye . 21 MS . MILSCHEWSKI : Burd . 22 MS . SURD : Aye . 23 MS . MILSCHEWSKI : Kot . 24 MR . KOT : Aye . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . MILSCHEWSKI : Ohare . 2 MS . OHARE : Aye . 3 MS . MILSCHEWSKI : Spears . 4 MS . SPEARS : Aye . 5 MS . MILSCHEWSKI : Sticka . 6 MR . STICKA : Aye . 7 MAYOR PROCHASKA : Motion is carried . 8 I would ask at this time is there someone from 9 the petitioner that would like to come forward 10 and give us a presentation of what you are 11 doing? 12 WHEREUPON : 13 JOHN ARGOUDELIS , 14 testified before the City Council as follows : 15 MR . ARGOUDELIS : My name is John 16 Argoudelis . I am the attorney for the 17 petitioner . I apologize not having a card . It ' s 18 A-R-G-O-U-D-E-L-I-S . 19 Petitioner, Mr . Larry 20 Saravanos , is here this evening as well , as well 21 as our engineer and land planner if there are any 22 questions . 23 This is a two-acre parcel of 24 land located on Route 47 that is adjacent to the Depo Court Reporting Service ( 630 ) 983-0030 5 1 eight-acre parcel of land at the southwest corner 2 of 47 and 71 , just south of McDonald ' s , that is 3 already annexed and zoned that Mr . Saravanos 4 purchased and is in the process of developing as 5 well . So this two-acre parcel is just directly 6 south and just joins up with this parcel so you 7 understand what we are trying to accomplish 8 here . 9 So all we ' re asking then is to 10 annex this and zone it to be consistent with the 11 eight-acre parcel directly to the north owned by 12 the common owner . 13 As I said, the engineer is 14 here tonight if there are any questions with 15 regard to the specific land plan, but we have 16 been working closely with the Staff and experts 17 for the City in order to work out all of those 18 issues with regard to engineering and that sort 19 of thing . 20 So if there is any questions , 21 we ' d be happy to answer . 22 MAYOR PROCHASKA : Okay . I would ask 23 at this time is there any comment from the 24 public, anyone that would like to come forward Depo Court Reporting Service ( 630 ) 983-0030 6 1 and give testimony to the City Council at this 2 time? 3 (No Response ) 4 MAYOR PROCHASKA : Hearing none , I 5 would open the floor to the Council . Is there 6 anyone that would like to make any comments ? 7 MR . STICKA : The only comment I 8 would make is that it ' s appropriate zoning, it ' s 9 next to businesses that are similar to it . 10 MAYOR PROCHASKA : I am just going to 11 make a point that I have had a couple people call 12 me , and I think we kind of knew this would 13 happen , it ' s the clearing of the property . 14 There ' s been some issues with 15 the fact that that basically was a relatively 16 wooded site, it has now been pretty much cleared 17 I think, except for right around the perimeter 18 some of the trees have been left . 19 As I explained to the folks 20 then, the parcel has already been in the City, 21 basically was annexed with no restrictions , it 22 was just a B-3 zoning, and certainly now with our 23 new Comprehensive Plan , we will be looking at 24 those kinds of issues a little bit more and Depo Court Reporting Service ( 630 ) 983-0030 7 1 looking for tree surveys and such, but as that 2 was a parcel that was already annexed and zoned, 3 I believe the parcel next to it that you are 4 looking to annex has already been cleared and is 5 now -- 6 MR . ARGOUDELIS : Yes , that ' s 7 correct . 8 MAYOR PROCHASKA : What ' s left of the 9 house -- 10 MR . ARGOUDELIS : The thicker woods 11 were on the existing eight-acre piece , but yes , 12 the two-acre piece has also been cleared . 13 MAYOR PROCHASKA : And that certainly 14 would be something that we would look at in the 15 future when we look at proper zoning for 16 properties like that . 17 But , again , this was something 18 that had entitlement for I think longer than I ' ve 19 been on the Council . Okay . Yes , ma ' am . 20 MS . OHARE : Do we know what the 21 plans are to build there ? 22 MAYOR PROCHASKA : It is a -- It is a 23 shopping center . I think that is actually -- 24 there have been plans -- Dego Court Reporting Service ( 630 ) 983-0030 8 1 MR . ARGOUDELIS : With the original 2 eight-acre piece , the land plans have been 3 submitted to the City months ago and that has 4 been going through that process of approval . 5 This additional piece , overall 6 the plan is a multi-tenant center with outlots 7 for various uses . This two-acre piece would be 8 an outlot . 9 MS . OHARE : That ' s what I was 10 asking . 11 MR . ARGOUDELIS : Yes . So it merges 12 in with the plan that ' s already been submitted 13 and has been worked on by the City, but it ' s two 14 acres , so it works out to be about one outlot . 15 MAYOR PROCHASKA : Didn ' t that piece 16 of property expand your frontage on Route 47 ? 17 MR . ARGOUDELIS : Yes . Yes . It ' s a 18 triangle with the wide side of the triangle on 19 47 , so it really kind of squares off the 20 property . 21 MAYOR PROCHASKA : Are there any 22 other questions or comments from the Council? 23 (No Response ) 24 MAYOR PROCHASKA : Hearing none , I Depo Court Reporting Service ( 630 ) 983-0030 9 1 would entertain a motion to close the public 2 hearing . 3 MS . SPEARS : So moved . 4 MS . OHARE : Second . 5 MAYOR PROCHASKA : Moved and 6 seconded . Roll call , please . 7 MS . MILSCHEWSKI : Burd . 8 MS . BURD : Aye . 9 MS . MILSCHEWSKI : Kot . 10 MR . KOT : Aye . 11 MS . MILSCHEWSKI : Ohare . 12 MS . OHARE : Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MS . MILSCHEWSKI : Sticka . 16 MR . STICKA : Aye . 17 MS . MILSCHEWSKI : Besco . 18 MR . BESCO : Aye . 19 MAYOR PROCHASKA : The motion is 20 carried . At this time -- Thank you, gentlemen . 21 (Which were all the 22 proceedings reported 23 at the date and time 24 aforementioned . ) Depo Court Reporting Service ( 630 ) 983-0030 10 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing meeting; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said meeting . 14 IN WITNESS WHEREOF I have hereunto set /Ct2T 15 my hand this _ _ /J day ofZ Jj,t 16 2004 . 17 18 19 —-/� /C": 14-:z I 6' -LC CHRISTINE iI . VITOSH, C . S . R . 20 CSR License No . 084 -002883 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 City Council Multi-Page 084-002883 - R October 26, 2004 Argoudelis[8] 4:13,15 directly[2] 5:5,11 -0- 4:16 7:6,10 8:1,11,17 District[] 3:7 -K- -0- 084-002883[i] 10:20 ARTHUR[�] 2:2 duly[1] 10:4 KELLY[1] 2:15 oath[1] 10:5 attorney[1] 4:16 Kendall[3] 3:6,11,12 October[1] 1:9 -1- Aye[:z] 3:20,22,24 4:2,4 -E- kind[z] 6:12 8:19 off[i] 8:19 4:6 9:8,10,12,14,16,18 1107A[1] 2:14 E[4] 2:1,1,13,13 kinds[1] 6:24 OFFICES[1] 2:14 -B- eight-acre[4] 5:1,11 knew[1] 6:12 Ohare[8] 2:7 4:1,2 7:20 -2- 7:11 8:2 Kot[6] 2:4 3:15,23,24 9:9 8:9 9:4,11,12 B-3[z] 3:7 6:22 engineer[z] 4:21 5:13 9:10 one[1] 8:14 2004[z] 1:9 10:16 behalf[1] 2:16 engineering[1] 5:18 KRAMER[2] 2:14,15 open[1] 6:5 2004-16[1] 3:3 Besco[6] 2:5 3:16,19,20 entertain[z] 3:13 9:1 order[1] 5:17 26[1] 1:9 9:17,18 entitlement[1] 7:18 -L- original[1] 8:1 bit[1] 6:24 evening[i] 4:20 outlot[z] 8:8,14 -4- Bridge[i] 2:14 land[s] 4:21,24 5:1,15 except[1] 6:17 8:2 outlots[1] 8:6 47[s] 3:11 4:24 5:2 8:16 build[1] 7:21 existing[i] 7:11 Larry[z] 2:4 4:19 overall[1] 8:5 8:19 Burd[s] 2:6 3:21,22 9:7 expand[1] 8:16 LASALLE[1] 10:2 owned[i] 5:11 9:8 -6- business[z] 3:7 10:7 experts[1] 5:16 LAW[1] 2:14 owner[1] 5:12 businesses[1] 6:9 explained[1] 6:19 left[2] 6:18 7:8 60560[1] 2:15 License[1] 10:20 -P- -F- LLC[1] 3:4 P[3] 2:1,13,13 -7- -C_ F[i] 2:2 located[1] 4:24 p.m[1] 1:9 71 [1] 5:2 Cu] 2:13 fact[1] 6:15 longer[1] 7:18 parcel[8] 4:23 5:1,5,6,11 7131 [1] 3:11 C.S.R[z] 1:8 10:19 Farm[1] 1:10 look[z] 7:14,15 6:20 7:2,3 card[1] 4:17 7:00[11 1:9 first[I] 10:4 looking[3 ] 6:23 7:1,4 PC[1] 3:3 carried[z] 4:7 9:20 eo le i center[z] 7:23 8:6 floor[1] 6:5 p p [ ] 6:11 -8- folks[1] 6:19 -M- perimeter[1] 6:17 certainly[z] 6:22 7:13 petitioner[s] 3:4,9 4:9 800[1] 1:10 follows[1] 4:14 M[3] 1:8 10:4,19 P Certified[1] 10:5 foregoing[z] 10:9,10 ma'am[1] 7:19 4:17,19 CHRISTINE[3] 1:8 -A- 10:4,19 forward[z] 4:9 5:24 matter[1] 1:7 piece[6] 7:11,12 8:2,5,78:15 A-1 [1] 3:6 City[is] 1:1,2,10 2:9,10 frontage[1] 8:16 May[1] 3:18 plan[4] 5:15 6:23 8:6,12 A-R-G-O-U-D-E-L-I-S 2:11,16 3:5,7 4:14 5:17 future[1] 7:15 Mayor[15] 2:2 3:3,17 4:7 planner[i] 4:21 [1] 4:18 6:1,20 8:3,13 5:22 6:4,10 7:8,13,22 8:15 above-entitled[1] 1:7 cleared[3] 6:16 7:4,12 -G- 8:21,24 9:5,19 plans[3] 7:21,24 8:2 accomplish[1] 5:7 clearing[1] 6:13 McDonald's[1] 5:2 Pledge[1] 3:1 P Clerk[1] 2:11 Game[i] 1:10 meeting[4] 1:1,6 10:9 point[1] 6:11 acres[2] 3:11 8:14gentlemen[1] 9:20 10:13 POWELL[1] 2:9 additional[1] 8:5 close[1] 9:1 GRAFF[1] 2:10 merges[1] 8:11 presentation[i] 4:10 adjacent[1] 4:24 closely[1] 5:16 comment[z] 5:23 6:7 MILSCHEWSKI[13] pretty[1] 6:16 Administrator[1] 2:10 -H- 2:11 3:19,21,23 4:1,3,5 proceedings[4] 1:6 9:22 aforementioned[] comments[2] 6:68:229:7,9,11,13,15,]7 10:9,13 9:24 common[1] 5:12 hand[ �]110:15 process[1] 8:3 [z] 5:4 8:4 aforesaid 10:12 Comprehensive[1] motion[4] 3:13 4:7 9:1 g a ain[i] 7:17happy[1] 5:21 6:23 hearing[s] 3:8,14 6:4 9:19 PROCHASKA[is] 2:2 3:3,174:75:226:4,107:8 ago[1] 8:3 consistent[1] 5:10 8:24 9:2 moved[4] 3:15,17 9:3,5 7:13,22 8:15,21,24 9:5,19 consists[1] 3:10 hereunto[1] 10:14 MS[27] 2:6,7,8,11,15 3:19 Professional[i] 10:6 Agreement[1] 3:8hour[1] 1:9 Agricultural[i] 3:6 contains[1] 10:12 house[1] 7:9 3:21,22,23 4:1,2,3,4,5 proper[i] 7:15 Alderman[3] 2:3,4,5 corner[1] 5:1 7:20 8:9 9:3,4,7,8,9,11,12 properties[2] 3:4 7:16 9:13,14,15,17 Alderwoman[3] 2:6,7 correct[z] 7:7 10:11 -I- multi-tenant[1] 8:6 property[4] 3:10 6:13 2:8 Council[6] 1:1 4:14 6:1 8:16,20 Allegiance[1] 3:2 6:5 7:19 8:22 Illinois[7] 1:2,11 2:15 public[3] 3:14 5:24 9:1 ANN[1] 2:8 County[3] 3:6,12 10:2 2:16 3:12 10:1,7 -N- purchased[1] 5:4 annex[3] 3:5 5:10 7:4 couple[1] 6:11 issues[3] 5:18 6:14,24 N[z] 2:1,13 Annexation[1] 3:8 CSR[1] 10:20 name[1] 4:15 -Q- annexed[3] 5:3 6:21 7:2 -Q- -J- annexed [1] 6:23 questions[4] 4:22 5:14 answer[1] 5:21 -D- J[1] 2:14 next[z] 6:9 7:3 5:20 8:22 apologize[i] 4:17 D-734704[1] 1:21 JACQUELYN[1] 2:11 none[z] 6:4 8:24 appeared[i] 2:16 DANIEL[1] 2:14 John[z] 4:13,15 north[1] 5:11 -R- appropriate[i] 6:8 date[1] 9:23 joins[1] 5:6 notes[1] 10:11 R[z] 2:1,13 approval[1] 8:4 developing[1] 5:4 JOSEPH[1] 2:5 now[3] 6:16,22 7:5 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 City Council Multi-Page`"` R.P.R - zoning October 26, 2004 R.P.R[i1 1:8 thicker p1 7:10 real p1 3:10 through f1 8:4 really p1 8:19 tonight[i1 5:14 regard[2] 5:15,18 TONY h1 2:10 Registered[11 10:6 Township p1 3:12 relatively p1 6:15 transcript[i1 10:11 REPORT f1 1:6 Treasurer p1 2:9 reported[2] 9:22 10:8 tree h1 7:1 Reporter[2] 10:6,7 trees p1 6:18 Request lit 3:4 triangle[2] 8:18,18 Response 121 6:3 8:23 true p1 10:10 restrictions p1 6:21 trying[1] 5:7 rezone p1 3:5 two[2] 3:11 8:13 RICH[1] 2:3 two-acre[4] 4:23 5:5 right f1 6:17 7:12 8:7 Road[i1 1:10 roll 1z1 3:18 9:6 -U- ROSE[11 2:8 understand[1] 5:7 Route[3] 3:11 4:24 8:16 United la1 1:2 2:16 3:5,6 up p1 5:6 -S- uses[1] 8:7 S 121 2:1,13 Saravanos[3] 3:4 4:20 -V- 5:3 VALERIE p1 2:6 says[1] 10:5 various f1 8:7 Second[2] 3:16 9:4 VITOSH 131 1:8 10:4,19 seconded[2] 3:18 9:6 Service[i] 3:7 -W- set h1 10:14 WANDA p1 2:7 shopping 11 7:23 WHEREOF f1 10:14 shorthand 131 10:6,8,11 wide[1] 8:18 side p1 8:18 WILLIAM[1] 2:9 Similar u1 6:9 WITNESS p1 10:14 site[i1 6:16 wooded p1 6:16 someone[1] 4:8 woods f1 7:10 sort[i1 5:18 worked p1 8:13 south[2] 5:2,6 works p1 8:14 southwest p1 5:1 Spears[6] 2:8 4:3,4 9:3 9:13,14 specific[1] 5:15 Yorkville 161 1:2,10 2:15 squares[1] 8:19 2:16 3:5,7 SS p1 10:1 Staff p1 5:16 -Z State lz1 10:1,7 zone h1 5:10 Sticka 161 2:3 4:5,6 6:7 zoned[2] 5:3 7:2 9:15,16 zoning 131 6:8,22 7:15 Street p1 2:14 submitted 121 8:3,12 such p1 7:1 surveys[11 7:1 sworn p1 10:5 -T- T f1 2:1 testified p1 4:14 testimony[11 6:1 Thank f1 9:20 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,NOVEMBER 9,2004. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City 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 None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,November 22,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,November 18,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,December 2,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,November 15,2004 City of Yorkville Conference Room 800 Game Farm Road **Meeting date change** Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing: 1. Appearance Code. 2. Yorkville Supportive Living,LLC,petitioner,request for an amendment to the Planned Unit Development Agreement of New Directions Housing Corporation to provide for age restricted affordable assisted living residences. The real property consists of approximately 3.48 acres located one block west of Route 47 on the south side of Greenbriar Road in the United City of Yorkville,Kendall County,Illinois. 3. PC2004-07 Pulte Homes&LaSalle Bank Trust#4198,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One Family Residence District,R-3 General Residence District and B-3 Service Business District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The Minutes of the Regular Meeting of the City Council—November 9,2004-page 2 The real property consists of approximately 286 acres north of Route 34,east of Route 47 and west of Bristol Ridge Road,Bristol Township,Kendall County,Illinois. So moved by Alderman Kot;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye Please see attached Report of Proceedings taken before Nicola Gengler,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Kot; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye CITIZEN COMMENTS Bristol Ridge Road Don Peterson,3025 Bristol Ridge Road,addressed the Council with his concerns regarding a twelve foot hole that was dug on his property by NICOR while he and his wife were out of town. He stated that both the city and the developer,MPI,knew this would have to be done but no one let him know. He explained that the eight foot deep hole ruined a flower bed and was left open for five days. He also distributed photographs of his driveway after the new road was installed. He explained that his driveway is now six to twelve inches lower than the road. He expressed his concerns about his car scraping the road as he exits his drive and how this difference in height will be affected by snow and ice. He stated that this difference is unacceptable to him. He also stated that he would like better communication from the United City of Yorkville and MPI. Birgett Peterson,3025 Bristol Ridge Road,addressed the Council and expressed her disappointment with the"new Yorkville"and how it is affecting the unincorporated areas. She stated that she has asked for construction speed limits on Bristol Ridge Road and for the speed trailer to be located there. She noted that the stop sign at Kennedy and Bristol Ridge Roads has not been replaced and there have been several instances of possible accidents. She asked for better communication from the City and asked for information of what was buried on her property. She also asked that her property be landscaped this fall. Hoover Boy Scout Camp Barry Mayworm addressed the Council. He stated that he attended the open house at Hoover Boy Scout Camp on November 5,2004 and that it was a nice event. He told the Council that he thought it was a wonderful that the City worked with the Forest Preserve District to obtain the land and preserve it and he commended them for their role in the acquisition. Rob Roy Creek Interceptor Vince Paparozzi of Hobas Pipe USA addressed the Council and asked why they were going to be approving the low bid for the Rob Roy Creek Interceptor project even though the bidder was not using Hobas pipe. He explained that Hobas is a fiberglass pipe that is less expensive than PVC pipe and the cost savings of using it would be passed down to the taxpayers. He noted that this is the second project that was awarded to a bidder who was not using this type of pipe. He also noted that Fox Metro Sanitary District has used Hobas in one of their projects. Their project was done by Deuchler&Associates,the same firm directing the Yorkville-Bristol Sanitary District (YBSD)project. Attorney Kramer explained that even without the use of Hobas,the firm up for approval was the lowest bidder. He explained that this is an unusual project because YBSD is in control of the bid process and that Deuchler,in a written report,recommended the use of PVC pipe. He stated that what YBSD accepts for materials was considered before accepting bids. Mr.Paparozzi stated that he was told at the YBSD meeting on November 8,2004 that the City is requesting the use of PVC. Attorney Kramer stated that he was not present at that meeting and could not verify this. Mayor Prochaska stated that this was not the direction of the City and that YBSD is in total charge of the decision. He suggested that Mr.Paparozzi take his concern back to the YBSD. PRESENTATIONS None. The Minutes of the Regular Meeting of the City Council—November 9,2004—page 3 CONSENT AGENDA 1. Deuchler Agreement for Southwest and Pavillion Road Interceptors-authorize the Mayor and City Clerk to execute in an amount not to exceed$375,000.00 for design services,subject to guarantee payment pay the development group 2. River's Edge Unit 1—Letter of Credit Reduction#3—authorize reduction in an amount not to exceed$243,213.88 3. Grande Reserve Mass Grading-Letter of Credit Reduction#1- authorize reduction in an amount not to exceed$2,380,731.35 4. North Water Tower-Change Order#3-authorize increase in an amount not to exceed$10,770.00 and authorize Mayor to execute 5. Intergovernmental Agreement Between Kendall County Forest Preserve District and the City for the Hoover Outdoor Educational Center Property-authorize the Mayor and City Clerk to execute 6. E-Pay Program- authorize Finance Director to execute 7. Deuchler Agreement for FPA Amendment to YBSD Southwest Service Area- authorize the Mayor and City Clerk to execute in an amount not to exceed$40,000.00, subject to guarantee of funds by the development group 8. Police Reports for August and September 2004 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONLNG BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the Committee of the Whole meetings from October 19,2004;seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated October 29,2004 totaling the following amounts:checks in the amount of $467,014.52(vendor);$139,447.24(payroll period ending 10/16/04)for a total of$606,461.76; seconded by Alderman Sticka. Alderman Burd asked why the Park Board members signed some of the payment checks. Mayor Prochaska explained that the checks are disbursement of Land Cash Funds and that both the Park Board and City Council sign them. Alderman Sticka further explained that the Park Board signatures on the checks indicate that they have approved the expenditures. He stated that this practice goes back to when Jim Nanninga was the City Administrator. Motion approved by a roll call vote. Ayes-5 Nays-0 Present-I Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-present,Sticks-aye REPORTS MAYOR'S REPORT National League of Cities-Membership Mayor Prochaska entertained a motion to join the National League of Cities for two years. So moved by Alderman Sticka;seconded by Alderman Burd. Alderman Kot asked if the vote was just to join the organization or was it also to send representatives to the next conference. Mayor Prochaska stated that the vote was to authorize becoming members. Alderman Kot questioned the benefit of joining if Council members weren't going to attend. He also noted that the conference is held in a different city each year and he didn't agree with officials flying to meetings. Mayor Prochaska agreed he did not feel it was a good idea for all the Council to attend. Alderman Sticka stated that he felt it was not necessary to join at this time since the membership fee and the conference costs were not in the budget. He stated that joining could result in an unplanned expenditure if Council members wanted to attend the next conference in Indiana. He felt that the membership and conference attendance should be in the budget first. The Minutes of the Regular Meeting of the City Council—November 9.2004-page 4 Alderman Besco stated that the information received by being members such as newsletters may be valuable to the Council. Alderman Burd stated that if the city joins now,two Council members can attend the conference in Indiana for free. Alderman Sticka noted that the conference was free but not travel and accommodations. Alderman Spears noted that the bill list is often approved with such items as newspaper subscriptions,pizza parties,publicity,etc.which are no benefit to the residents whereas this is. Alderman Sticka disagreed and stated that he was not content with just two of the Council attending. He questioned which two members would attend and how would this be determined. He felt that sending only two members could cause resentment among the others. Alderman Spears stated she was impressed by the organization at the Illinois Municipal League and called the question. Motion defeated by a roll call vote. Ayes-3 Nays-4 Burd-aye,Kot-nay,Ohare-nay,Spears-aye,Sticka-nay,Besco-aye,Prochaska-nay Mayor Prochaska stated that he believed in the organization but other bills have been questioned because they were not budgeted. He explained that this could be brought back up once it has been included in the budget. Alderman Ohare commented that she was not given enough information to vote for this expenditure. Attorney Kramer clarified that for this to be reconsidered someone from the prevailing side would have to bring it up at the next City Council meeting and only at the next meeting for it to be reconsidered at this time. IDNR Agreement for Glen Palmer Dam Improvements Mayor Prochaska explained that this is an agreement suggested by the Illinois Department of Natural Resources(IDNR)so they can begin work on the Glen Palmer Dam renovation. He stated that the fish ladder will be maintained by city staff. He entertained a motion to approve the Intergovernmental Agreement between the United City of Yorkville and the State of Illinois Department of Natural Resources concerning the improvements to the Glen Palmer Dam and to authorize the Mayor and City Clerk to sign the agreement.So moved by Alderman Kot;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye 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 Library Referendum— Preliminary Timetable for Bond Sale Finance Director Pleckham stated that Speer Financial has drafted a preliminary timetable for the Library bond sale which has been distributed to the Council. She also reported that a Library Expansion meeting is scheduled for Thursday,November 18,2004 however she had to confirm the time for the meeting.The timetable and getting the project underway will be discussed at the meeting. Mayor Prochaska asked Mrs.Pleckham to send the Council and the press a notice when she confirmed the time DIRECTOR OF PUBLIC WORKS REPORT Leaf Pick-up Director Dhuse reported that the last leaf pick-up for the year is scheduled the week of November 15,2004. The Minutes of the Regular Meeting of the City Council—November 9.2004—page 5 CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitors Bureau(AACVB) Alderman Burd reported that she and Mayor Prochaska attended the AACVB's Poker Run were funds were raised to finance the group's move to their new location.She stated that the event was a success and everyone had a good time. Human Resource Commission Alderman Spears reported that she attended the Human Resource Commission(HRC)meeting where Sylvia Kurtz and Diana Lento-Reidy were nominated to co-chair the commission. The group discussed lack of brochures available in the visitor center and will be contacting local businesses to invite them to display brochures.They also discussed historic street names and will be recommending another name for the list. Senior Services Alderman Spears reported that she attended the Senior Services meeting. Items discussed were; o The 16`h Annual Kane County legislative forum on senior services on December 3,2004 o The Kane County Elder Friendly Summit and the possibility of conducting a similar summit in Kendall County. Alderman Spears distributed a packet of information(see attached)to the Council members and asked them to participate in a survey regarding the Kendall County summit. o The area physicians that are no longer accepting new and/or Medicare patients. Many clinics in the northeastern Illinois area are no longer accepting Medicare due to the increase in the cost of malpractice insurance. Alderman Spears asked if there was any way for the city to require that the medical offices in the city continue to see Medicare patients. Mayor Prochaska stated that he was not sure if there was anything the city could do. He stated that he has had discussions with people in the medical field and one issue affecting this decision is that the State of Illinois does not cap malpractice insurance costs. He suggested that state representatives be contacted about investigating capping costs. Alderman Sticka noted that this is not a unique situation;this is happening all over the country because Medicare frequently does not reimburse at a level that physicians claim they need to cover costs. Citizen's Advisory Committee Yorkville CUSD#115 Alderman Ohare explained that she was unable to attend the School Board meeting on November 8,2004 and Administrator Graff attended in her place. She distributed copies of the Citizen's Advisory Committee Yorkville CUSD#115 Curriculum Subcommittee Report and Facilities Subcommittee Report(see attached). Administrator Graff reported that the School Board accepted both reports and that there will be a follow up recommendation from the Finance Committee regarding two referendums. Alderman Burd stated that she participated in a few meetings and she noted that this is the only opportunity that the School District will have for a higher levy than normal. She wanted residents to be aware that if it is not approved next year, they will lose the opportunity because the funds will not be available. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Rob Roy Creek Interceptor-Results of Bid Opening A motion was made by Alderman Besco to approve the base bid for the Rob Roy Creek Interceptor Contract 1 to Glenbrook Excavating&Concrete,Inc.in the amount of$981,236.00 as recommended by Walter E.Deuchler Associates,Inc.;seconded by Alderman Kot. Alderman Sticka asked if there was any urgency in approving the bid. He stated that since Mr. Paparozzi voiced his concern about the type of pipe being used,he would like to hear an explanation from Deuchler and YBSD as to why they choose to use PVC rather than Hobas pipe. He stated that he was uncomfortable with the uncertainty of who is responsible for the type of pipe used. Alderman Ohare agreed. Attorney Kramer recommended that this item be tabled or continued. He reminded the Council that Glenbrook Excavating&Concrete,Inc.was still the lowest bidder regardless of materials. The Minutes of the Regular Meeting of the City Council—November 9,2004—page 6 A motion was made by Alderman Sticka to table the approval of the bid until the next City Council meeting;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Mayor Prochaska asked that representatives from YBSD and/or Deuchler be at the next Committee of the Whole meeting for further discussion. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-62 Saravanos Property Authorizing the Execution of the Annexation Agreement A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of an Annexation and Planned Unit Development Agreement for the Saravanos Properties,L.L.C.and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticka-aye,Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Prochaska-aye Ordinance 2004-63 Saravanos Property Annexation A motion was made by Alderman Sticks to approve an Ordinance annexing properties of Saravanos Properties,L.L.C.to the United City of Yorkville,Kendall County,Illinois;seconded by Alderman Kot. • Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS CLASY Mayor Prochaska showed the Council the recognition gift that the City received from the YMCA for its support of the CLASY program and the annual Strong Kids Campaign which helps to build strong kids,families and communities. Mayor Prochaska noted that the City participated in a grant program with the YMCA for the CLASY program and then continued support for one year beyond the grant. Retirement Party Mayor Prochaska reported that the City received an invitation to an open house in honor of Shirley R.Lee,Kendall County Clerk of the Circuit Court,who is retiring after thirty-seven years of public service. The event will be held November 29,2004 at 6:00 P.M.at Ralph's Place. Route 47 Update Mayor Prochaska reported that there is no Route 47 Improvement Project mentioned in the Federal Highway Fund so there are no federal dollars allocated to the project. He stated that he has been working with the staff and the City's finance consultants to provide an argument to the State of Illinois that within the next two years revenues will be created within the City well beyond what is needed to finance the project. Resolution of Support for Route 47 Improvements Mayor Prochaska reported that he has been contacted by Mayor Roberts of Plano who stated that Plano will be looking at passing a Resolution to support Yorkville's Resolution. Mayor Prochaska noted that Alderman Spears has been in contact with mayors in the area however they are confused because she sent a resolution to them which is not the one passed by the Council. He recommended to the mayors that contacted him to support the resolution that the Yorkville City Council voted on. Alderman Kot asked if the City's official resolution was sent out to the state and Mayor Prochaska stated that it was sent to the communities around Yorkville,Kendall,Kane and Grundy Counties and state representatives. Moratorium Alderman Spears asked if consideration of a twelve month moratorium on residential growth could be placed on the next COW agenda. She stated that she has spoken with other communities that have done this and this can be done due to infrastructure issues,public safety concerns, school issues,etc. She stated that the moratorium would allow time to readdress the The Minutes of the Regular Meeting of the City Council—November 9,2004—page 7 Comprehensive Plan,to pursue land trust alliances which would allow farmers to keep their land and to have balanced growth. Mayor Prochaska suggested proceeding with caution because if residential building is paused,commercial interests will be hesitant to come to Yorkville because rooftops support commercial growth. He stated that several years ago this was discussed and the City lost commercial opportunities. How to Fund School Districts Alderman Burd reported that there will be a meeting in Plano on November 11,2004 at 7:00 P.M. regarding how to fund school districts. She encouraged anyone interested to attend. 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,Administrator Graff and City Attorney Dan Kramer be included. He stated no action will be taken after the session. So moved by Alderman Ohare;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Besco-aye,Burd-aye,Kot-aye,Spears-aye,Sticka-aye The Council took a break and entered into Executive Session at 9:10 P.M. The Council returned to regular session at 9:35 P.M. No further action was taken. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Ohare;seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 9:34 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Note: Side one of the tape recording the meeting malfunctioned. N0V-09-2004 TUE 04:04 PM WISEMAN HUGHES FAX N0, 6306530194 P, 02 Wrti' F' MAN HUGHES November 9, 2004 Mr. Tony Graff City Adminstrator United city of Yorkville 800 Game Farm Rd. Yorkville, IL Re: Proposed Appearance Code Dear Tony: Our development team at Wiseman-Hughes has reviewed the proposed Appearance Code up for consideration by the City Council. Here is a suirmiary of the comments and concerns that the team has generated. I request that these be shared with the City Council and staff. I hope that you find them helpful in considering this code change. Wiseman-Hughes, and most other developer-builders, follow their own, self-imposed monotony policy. We understand the importance variety plays in developing an ascetically pleasing and architecturally interesting subdivision. Our first request would. he that the City Council considers "grand-fathering"the existing subdivisions that have an anti-monotony policy in place. Our anti-monotony policy is quite simple, yet effective; there cannot be two houses with the same elevation or siding color adjacent to or across the street from another. We currently offer five (5)models. Each of them has three(3) different elevations, as well as numerous siding colors and brick and stone options. This provides for an ample opportunity to develop a subdivision with a variety of housing designs,materials, shapes, and colors. We understand the importance of having a high-quality housing stock in the community that will age gracefully. However, the current proposal is non-specific, vague and open to much interpretation. This code will be difficult to administer and to maintain consistency. Adding brick to every elevation may create a more expensive façade,but it actually mandates monotony instead of avoiding it. Brick does not necessarily translate into a more expensive house. The customer will have to go without other options such as a porch, three-stall garage, or bonus room, which may have added more value than the brick. As most aspects of development dictate,the market does the best job of creating a desirable place. People typically do not want to live in neighborhoods in which all the Wicc 'i n.1lrr,d7hrs Fntrrprisc , inc, 975 Ease 22nri Street Wbcniorr, 111inui; 60167 630.65.3-0500 1-'dx 630.6.5.3-0101 NOV-09-2004 TUE 04:04 PM WISEMAN HUGHES FAX NO. 6306530194 P. 03 houses are the same. 'Therefore, most developers and builders will try to meet that desire with a variety of housing styles. We believe that with the powers given the City in negotiating annexation agreements and in approving commercial site plans, the City can meet its goals without creating more bureaucracy and regulations. Thank you for allowing us to participate in this discussion. I would also like to remind you, your staff, and the City Council of our Windett Ridge Grand Opening on November 1711' 2:30—6:00 p.m. We are excited about being part of Yorkville and hope you can join us. Very best rca ds, II 1 , Larry V aup e 7 Director of Planning and Entitlement Wiseman-I-holm linrerprires, Inc. 975 Farr 22nd ,Street Wheaton, Illinois 60187 630-653-0500 Fax 630.653.0199 STATE OF ILLINOIS ) SS : COUNTY OF KENDALL ) BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING REPORT OF PROCEEDINGS had at the hearing of the above-entitled matter, taken before Nicola Gengler, C . S . R. , No . 84-3780 , on November 9 , 2004 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road, Yorkville , Illinois . D-738304 DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT: 2 MAYOR ARTHUR F. PROCHASKA; STATE OF ILLINOIS ) SS: 3 MR. ANT1ON GRAFF, City Administrator; COUNTY OF KENDALL ) 4 MS. JACKIE MILSCHEWSKI, City Clerk; 5 MR. JOSEPH BESCO, Alderman; BEFORE THE YORKVILLE CITY COUNCIL 6 MS. VALERIE BURR, Alderwoman; PUBLIC HEARING 7 MR. LARRY KCYT, Alderman; 8 MS. WARDA OHARE, Alderwoman; REPORT OF PROCEEDINGS had at the hearing 9 MR. RICHARD STICKA, Alderman; of the above-entitled matter, taken before Nicola 10 MS. ROSE SPEARS, Alderwoman; Gengler, C.S.R., No. 84-3780, on November 9, 2004, at 11 and the hour of 7:00 p.m., at 800 Game Farm Road, 12 LAW OFFICES OF DANIEL J. KRAMER 1107A South Bridge Street Yorkville, Illinois. 13 Yorkville, Illinois 60560 BY: MR. DANIEL J. KRAMER, 14 appeared on behalf of The United City of Yorkville. 15 16 - - - 17 18 19 20 D-738304 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 4 1 (Proceedings were had which 1 approximately 286 acres north of Route 34, east of 2 are not herein transcribed.) 2 Route 47, west of Bristol Ridge Road, Bristol Township, 3 MAYOR PROCHASKA: I'd like to entertain a 3 Kendall County, Illinois. 4 motion to go into public hearing for the discussion of 4 ALDERMAN STICKA: So moved. 5 the Appearance Code, for the discussion of the 5 ALDERWOMAN OHARE: Second. 6 Yorkville Supportive Living, LLC, petitioner, request 6 MAYOR PROCHASKA: Roll call, please. 7 for an amendment to the planned unit development 7 MS. MILSCHEWSKI: Besco? 8 agreement of the New Directions Housing Corp., to 8 ALDERMAN BESCO: Aye. 9 provide for age restricted affordable assisted living 9 MS. MILSCHEWSKI: Burd? 10 residences. 10 ALDERWOMAN SURD: Aye. 11 The real property consists of 11 MS. MILSCHEWSKI: Kot? 12 approximately 3.48 acres located one block west of 12 ALDERMAN KOT: Aye. 13 Route 47 on the south side of Greenbriar Road in the 13 MS. MILSC-IEWSKI: Ohare? 14 United City of Yorkville, Kendall County, Illinois; and 14 ALDERWOMAN OHARE: Aye. 15 for the discussion of PC 2004-07, Pulte Homes and 15 MS. MILSCHEWSKI: Spears? 16 I.Ralle Bank Trust No. 4198, petitioners, request to 16 ALDERWOMAN SPEARS: Aye. 17 annex to the United City of Yorkville and rezone from 17 MS. MILSCWSKI: Sticka? 18 Kendall County A-1 Agricultural to United City of 18 ALDERMAN STICKA: Aye. 19 Yorkville planned unit development containing R-2 19 MAYOR PROCHASKA: Motion is carried. 20 One-Family Residence District, R-3 General Residence, 20 The first item that we will be 21 and B-3 Service Business District; and for hearing as 21 discussing is the Appearance Code, proposed Appearance 22 to the annexation and planned unit development 22 Code that the City has. There has been some 23 agreement of petitioner. 23 documentation out for a while for anyone to come to 24 The real property consists of 24 research this and look it over. DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 5 6 1 Dan, do we want to have -- 1 external modifications, that any improvements that are 2 MR. KRAMER: A little brief presentation. 2 done to these properties blend to some extent with the 3 MAYOR PROCHASKA: Anna Kurtzman? 3 existing neighborhood while still trying to achieve a 4 MS. KURTZMAN: Good evening. For the 4 newer look to the building. Newer being more modern 5 record, my name is Anna Kurtzman. I represent ICCI 5 look to the buildings. 6 with access to Yorkville's building department. 6 The purpose of the new development 7 I was asked to draft what we have 7 portion here is to establish basically an anti-monotony 8 titled an Appearance Code that some communities might 8 type of arrangement. Basically taking and saying that 9 call an anti-monotony code. The purpose of this code 9 houses or buildings that may be erected have to be 10 is basically to address buildings as they are erected 10 unique in that they are not the same as anything that 11 in Yorkville to provide a certain sense of community 11 is physically adjacent to them. That is not to say 12 while still striving for a certain sense of 12 that somewhere else down the block or in that 13 individuality for each of the lots and buildings that 13 snhdivision may not have the exact same looking 14 do occur. 14 building from the external, and I do again stress 15 The Appearance Code that has been 15 external looks. 16 presented to you this evening has a number of 16 We do take a peek at how the overall 17 components to it. Basically it breaks it down into 17 development is occurring with this Appearance Code as 18 existing development, redevelopment of lots. It also 18 well. I have heard from some developers who are 19 addresses new development. 19 concerned about how appearance codes may be applied, 20 The purpose of the redevelopment 20 how that might be administered; and ICCI has done 21 section is to try to take an existing lot that are 21 similar type of monotony codes in other communities. 22 either -- someone wants to take an existing building 22 Basically what we will do is end up 23 down or they may want to take the existing building and 23 taking a subdivision map and make notations on each lot 24 add to it or make external modifications to it and 24 as to the type of building that is erected on that lot; DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 7 8 1 and if there is differences in colors, we will note the 1 a public hearing. With your permission unless you have 2 differences in colors; and if it mans going out and 2 questions, I'd like to turn it back over to the Mayor 3 doing site visits, then that is part of the service 3 for back to public hearing motion. 4 that we provide. It is not an additional cost. It is 4 MAYOR PROCHASKA: At this time, thank you. 5 embedded in the cost that we have established for 5 What I'd like to do is open the floor to anyone that 6 working for Yorkville and for all the communities that 6 would like to cone forward and give testimony to the 7 we work with. 7 City Council. Please cone forward, state your name and 8 In tens of the timing of looking at 8 address. 9 building permits, we do not anticipate that this is 9 MR JONES: Hi, I am Jack Jones, 5 West 10 going to add significantly to the time. Once we have 10 Royal Oaks Drive, Bristol, Illinois. I am a member of 11 our maps established, our subdivision maps established, 11 the Yorkville Plan Commission. I haven't talked to a 12 it adds a couple extra minutes to look up on the map to 12 lot of the City Councilmen in a long time. 13 see if there is anything nearby that would be a 13 We have been getting a lot of 14 concern; and if a question is raised, then it just 14 developers in front of us as members of the Plan 15 entails a site visit. 15 Commission. We feel that the anti-monotony -- I think 16 You are adding at most an hour of 16 I can speak for the bulk of us that the Plan Commission 17 time to a building permit review. Given the amount of 17 feels that this anti-monotony ordinance will help keep 18 time that we have to do the building permit reviews, we 18 Yorkville unique and different and help develop 19 have up to two weeks to do our reviews; and typically 19 character. 20 we get our reviews done in less than a week. This 20 However, a little bit when I was 21 should not be a significant increase in the amount of 21 going through it roughly, briefly, that it appears that 22 time used to review building permits. 22 for the duplexes, it is more stringent than 23 Very, very quickly, very, very 23 single-family. I would ask that perhaps single-family 24 briefly, on the intent of the Appearance Code, this is 24 would be kept in the same vane as far as different DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 9 10 1 kinds of building materials seeing that is the majority 1 Anyone else? 2 of what is coming before us with the new development. 2 MR. PETERSON: I am Don Peterson. I live 3 So I guess I am asking it appears 3 on Bristol Ridge Road. It is good to see that the Plan 4 that, again, that the brick and a few other things are 4 Commission and the City is looking at Appearance Code; 5 being applied to the duplexes but not the 5 but in my belief, an Appearance Code is a minor concern 6 single-family, and I'd like to see them applied to the 6 to the citizens as compared to the noise and the time 7 single-family, too; and I don't think that the brick 7 of construction ordinances that we have several times 8 adds that much because according to the latest 8 requested that the City work on. 9 advertisements out there, brick is only supposed to be 9 So I hope that the City will take 10 7 percent more than vinyl type construction. 10 the noise and construction time ordinances to heart and 11 I guess we just want to make sure 11 give them the same consideration as the Appearance 12 that Yorkville still is a place that everybody comes to 12 Code. In my point of view -- and, of course, I am 13 and is a little bit unique and different. 13 prejudiced on this issue -- it is much more important 14 My last point, I know we have been 14 to the existing citizens what they have to put up with 15 kind of asking this; but I wanted to relay this to you 15 during the construction period as opposed to what do 16 guys. I wanted to make sure that this Appearance Code 16 the houses and townhomes look like. Thank you. 17 is used especially for the big guys like Centex and 17 MAYOR PROCHASKA: Thank you. 18 Pulte before they get annexed or before they start 18 Anyone else? 19 building out there. I don't care if it is 19 MS. PETERSON: I am Briget Peterson. I 20 pre-annexation or PUD, but I think they should be 20 live on 25 Bristol Ridge Road. It is nothing knew that 21 subject to it especially since they are a large builder 21 I am coming here. I have been upset for the last six 22 who will come in, do their thing essentially and leave. 22 weeks, but it seems like the new tradition of Yorkville 23 That is it. Thanks. 23 what is caning in on Bristol Ridge Road. 24 MAYOR PROCHASKA: Thank you. 24 In the front yard, not the backyard, DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 963-0030 11 12 1 not in my backyard but in my front yard, I had a very 1 the someone -- no, you listen to me, sir. 2 big surprise coming. I returned -- my husband and I 2 MAYOR PROCHASKA: Briget, please. The 3 returned on October 30 from one week being out of the 3 question -- 4 country and that a large 10-foot wide eight-foot deep 4 MS. PETERSON: The question is -- 5 and about 12 foot in the length hole was stuck on my 5 MAYOR PROCHASKA: May I speak, please? 6 property, what is on my property and not the City. 6 The thing is we will have citizens 7 That is not the easement and not the Kendall County 7 comments where you are certainly welcome to bring that 8 easement prior to that. 8 forward. This is a public hearing dealing with our 9 It was extended. In particular, the people who came 9 Appearance Code; and we still later in the agenda, 10 there and got told by my daughter-in-law that we were 10 there will be a point for citizens comments. 11 out of the country and that she couldn't give any 11 MS. PETERSON: Oh, I am sorry. I 12 permission for anybody to dig there. We then didn't 12 apologize. I thought we were already to that point. I 13 get told what was dig there. We didn't get told who 13 will listen to everyone. Thank you. I will be back. 14 was digging, and six days later the hole was still 14 MAYOR PROCHASKA: All right. Is there 15 there, eight-foot deep was dug under my -- one of my 15 anything else that would like to speak on the 16 28-year old blue Spruce -- 16 Appearance Code? 17 ALDERMAN STICKA: Ms. Peterson, does this 17 (No response.) 18 have any relevance to the Appearance Code? 18 MAYOR PROCHASKA: Is there anybody on the 19 MS. PETERSON: Well, I would like to find 19 City Council that would like to make any comments 20 this out, sir. 20 dealing with the Appearance Code at this tine? 21 ALDERMAN STICKA: We do have a time for 21 ALDE2WOMAN SPEARS: I was going to ask, 22 public comment. This is not it. 22 Anna, a question. There you are. 23 MS. PETERSON: The City of Yorkville give a 23 You said that you could do -- it may 24 work permit to Nicor and Nicor subcontracted it out to 24 take a building review that would take an additional DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 13 14 1 hour. Is that per building? 1 City Council members? 2 MS. KURTZMAN: I would anticipate that that 2 (No response.) 3 would be the maximum amount of time additional for each 3 MAYOR PROCHASKA: Hearing none, we are 4 building, yes. 4 going to move on to the next item on the public hearing 5 ALDERWOMAN SPEARS: Each building, okay. 5 which is the Yorkville Supportive Living, LLC, 6 Thank you. 6 petitioner. 7 MAYOR PROCHASKA: Rose, just a question, 7 Do we have someone here 8 can you move your mic over. It is not picking up. 8 representing -- can you come forward and give us a 9 ALDERWC3MAN SPEARS: Testing. 9 little presentation. 10 MAYOR PROCHASKA: There you go. Thank you. 10 MR. HORVE: My name is Steve Horve. I am 11 WE do have a letter that was 11 with Horve Builders. I am one of the developers of the 12 submitted from Wiseman-Hughes, and it has been asked 12 proposed assisted living facility, and our facility is 13 that it be added into the public hearing. Do I need to 13 going to be located on the corner -- it is just on the 14 read this? 14 corner. It is just off of Route 47 and Greenbriar Road 15 MR. KRAMER: No. You can make it a part of 15 behind the landscaping company there. 16 and simply we do have copies available if anybody wants 16 We would like to change the existing 17 copies of it. 17 PUD that Mr. Brown had. He was going to build a 18 MAYOR PROCHASKA: What they are -- I guess 18 60-unit two-story senior building, independent senior; 19 they are talking about the anti-monotony and some of 19 and what we propose is to build an assisted living 20 their thoughts on this. There are copies. 20 building, also two stories, and a little bit more 21 Tony, are there copies sitting out 21 dense. 22 here on the table? Anybody wants a copy of that 22 The changes from the PUD are just a 23 letter, it will be added to the minutes. 23 couple. Obviously the developer will be Yorkville 24 Is there any other discussion from 24 Supported Living, LLC. We are asking instead of DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 15 16 1 55 years old and older, what we are going to have is 1 partner, his name is George Denges. He is a partner in 2 65 years and older. We are also increasing the density 2 the Batavia facility. I think a couple of you may have 3 from 15 to 25 units per acre, and Mr. Brown had some 3 gone and visited, and our facility is going to be very 4 covered parking in his facility, and we are asking 4 similar in terms of style to that facility, and that 5 there will not be any covered parking because most 5 facility also is 100 percent full and waiting list of 6 all -- almost all of our residents will not drive. We 6 approximately 70 people. 7 will have a bus taking them to and from places. 7 The building that Gleason -- he is 8 A little bit about the facility if 8 our architect from Sugar Grove. It is very attractive. 9 anybody wants to know, our average age will be 9 It is close to 50 percent brick. It is very 10 approximately 83 years old. It is assisted living. It 10 residential in nature, two stories. I think it will 11 is kind of in between a nursing home and independent 11 fit in very well with the neighborhood behind there. 12 living. You do have to have some kind of a need to be 12 We have a shade covered area. We will have 13 in there. 13 construction, fully sprinkled, spring floors, very 14 A lot of our residents -- the 14 safe, two elevators. 15 majority of our residents will be the lower income 15 Some of the features of it, we will 16 resident who will only have to pay about $474 a month 16 have a big central dining room, commercial kitchen that 17 to live there to get help with any kind of incidentals. 17 will serve three meals a day. We have an activities 18 They may have three meals a day. They will have a 18 room. We will have a full-time activities director, 19 place to stay, and they will probably have 16 to 20 19 and there will be activities every day, trips to the 20 market rate apartments also available. 20 stores, Wal-Mart, to Menards, bingo, Bunco. There is 21 I own one in Decator right now, and 21 stuff going on every day for the residents. 22 we opened it full, and right now we have a waiting list 22 A little bit about -- we will have 23 of approximately 60 people. I have relatives who live 23 about 35 employees. We will have an administrator. We 24 there. It is a very, very nice place to be. My 24 will have a marketing director, an activities director. DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 17 18 1 We will have some CNAs, an RN, some cooks, a dietician. 1 those people. 2 When we build this project, I am going to be the 2 With an average age of 83 living in 3 builder. I will make sure we will use local labor. We 3 assisted living, it is likely that almost none of these 4 will have a $6 million price tag on the building. So 4 residents will own a car. The people parking there 5 we are working with a local bank on the financing and 5 will be either employees or visitors. I don't think we 6 are there any questions? 6 need to provide covered parking for that. 7 MAYOR PROCHASKA: Let me open to the floor. 7 I accept that. I also accept they 8 Is there anybody in the audience that would like to 8 increased the density because the units will be 9 make any statements, ask any questions at this time? 9 smaller. It is not apartments. It is really going to 10 (No response.) 10 be a small living unit. 11 MAYOR PROCHASKA: Hearing none, is there 11 MR. HORVE: I was actually going to build 12 any comments or questions from Council? 12 Mr. Brown's place. It is about the same square foot 13 ALDERMAN KOT: I just have one comment. I 13 building, and it didn't have covered parking. 14 like the original plan better. I mean, here we are 14 ALDERMAN MOT: I agree with what you are 15 increasing density and going from covered parking area 15 saying. To me I'd much rather have the apartments 16 to a wide open parking area. I like what you presented 16 where you have people 55 and above living. It just 17 the first time better. 17 seemed like a nicer complex. This is basically a 18 ALDERMAN STICKA: I think it is a different 18 senior home. 19 outfit that made that presentation. We did discuss 19 ALDERMAN STICKA: Yes, sir, it is. I agree 20 this at committee. The covered parking was originally 20 with you. It is TWO completely different things. It 21 proposed for the first plan because the residents were 21 is really apples and oranges. 22 going to be younger. They were not going to be 22 I think this meets an important 23 assisted living. In essence they were just apartments. 23 need. I have little doubt that there are people in 24 So we were providing parking, covered parking, for 24 Yorkville who are already in assisted living units in DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 19 20 1 other parts of the area who would like to live in 1 something on the west side so people can get out 2 Yorkville. There will be family members who will 2 sometimes that way because it is a nice view instead of 3 eventually need assisted living. I know some people in 3 looking at a parking lot. 4 assisted living. I know they had to go quite some 4 MR. HORVE: That is a good point. In 5 distance to find a place where they could stay. 5 Decator, we put a gazebo out there; and a lot of people 6 I agree with you. It is a 6 put hanging plants that they take care of out there. 7 completely different thing. Perhaps the other idea had 7 ALDERWOMAN OHARE: It would just be very 8 sane merit to it but really we already have sane 8 appealing in that drawing. You can see why I ask. 9 55 and older living in Yorkville. There is nothing in 9 MR. HORVE: Absolutely. 10 the area that I know of quite like this. 10 ALDERMAN STICKA: I must be turned around. 11 ALDERWOMAN OHARE: On the west side of the 11 Which way is west on there? 12 building, where is the entrance to the outside? Is 12 MR. GRAFF: To the left. 13 there one? 13 MAYOR PROCHASKA: To the left. 14 MR. GLEASON: There are entrances on the 14 MR. GLEASON: That is east. 15 end of each wing, and there is an entrance in the back 15 ALDERMAN STICKA: What am I missing here? 16 behind the dining room. There is a -- this area back 16 It looks like the largest area of all is to the west. 17 here behind the dining roan, there is patio doors to 17 MAYOR PROCHASKA: Yes, but what she is 18 get out on to the patio. 18 saying is there is no access to it. There is no doors 19 ALDERWOMAN OHARE: The reason I ask is that 19 or patio there. 20 the area that has the walking path and the detention 20 AIDERWOMN OHARE: Porches to go out and 21 ponds, I would think if I was a resident there, it 21 sit on. 22 would be appealing to be able to sit and watch and look 22 ALDERMAN STICKA: I think you have a good 23 out because they can be very peaceful at times; and you 23 point. If that is going to be the largest area, you 24 have a covered porch on the east side. I'd like to see 24 have to provide an access to get to it. DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 21 22 1 MR. GLEASON: Access to this corner here. 1 you are going to be having services coming in. Where 2 MR. HORVE: I appreciate that and we will 2 is your loading area? 3 look into that. You are right definitely. 3 MR. GLEASON: Down here on this end. 4 MAYOR PROCHASKA: Is there anyone else? 4 ALDERMAN BESCO: Is that enough area to go 5 ALDERWOMAN SPEARS: I have a question. 5 in and turn around? 6 What preventative measures are you taking for say 6 MR. GLEASON: You can come around here and 7 people with Alzheimer's and the detention pond right 7 back right in. It won't be a full semi. It will be a 8 there? Occasionally you do read -- 8 short truck. 9 MR. HORVE: We won't have any Alzheimer's 9 ALDERMAN BESCO: Never say never. 10 patients in there. Obviously, you know, we want to 10 MR. GLEASON: Our services in my 11 take very good care of people who will be out there 11 experience, the trucks aren't semis. They do back in 12 walking on the walking path. 12 and out. 13 What we have put on there is a fence 13 ALDERMAN STICKA: I believe you said there 14 going about three-quarters of a way around the 14 is another unit owned by the same operators in Batavia; 15 detention. Our detention is on a two-to-one slope. It 15 and if I remember correctly, it would be all right for 16 is going to be dry almost most all the time. It will 16 us to go there and people could go up there. 17 have some water in the drains quite a bit. So we did 17 MR. HORVE: Oh, absolutely. We would love 18 put a fence next to the walking path next to the 18 to show it off. You know it. 19 detention so people can't fall in there. We have that 19 ALDERMAN STICK: It is pretty new, also. 20 concern there, and we have addressed that. 20 MR. HORVE: It is about 18 months old, and 21 ALDERWOMAN SPEARS: Thank you. 21 it looks fantastic. 22 MAYOR PROCHASKA: Anyone else? 22 ALDERMAN STICKA: Is it pretty much the 23 ALDERMAN BESCO: I have one question. As 23 same? 24 far as you are going to be having a kitchen, obviously 24 MR. GLEASON: It is very similar. We DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 23 24 1 designed that, too. 1 about the market rate. What is the market rate right 2 MR. HORVE: It is three floors. 2 now? 3 We would love to have you there. If 3 MR. HORVE: About $2,200 per month. 4 you wanted to schedule a time -- you are welcome to go 4 MAYOR PROCHASKA: So they are not all going 5 on your own, but we would have a complete tour if -- we 5 to be low? 6 would love to have you there. 6 MR. HORVE: That is correct. 7 ALDERWOMAN OHARE: Where is it? 7 MAYOR PROCHASKA: Because I know when we 8 MR. HORVE: It is in Batavia. 8 have had some family members, we didn't get the cheaper 9 MR. GLEASON: It is on east Wilson Street 9 rate. 10 just west of Kirk Road. 10 MR. HORVE: First we built two in Decator. 11 MAYOR PROCHASKA: Is there anyone else? 11 We built a very high end one, very, very nice; and we 12 (No response.) 12 built Eagle Ridge in Decator which is also very, very 13 MAYOR PROCHASKA: I would just like to say 13 nice; and my wife's grandparents are market rate 14 to Alderman Kot's point, it is a valid point. I man, 14 people. They chose to live Eagle Ridge. They love it 15 it is something we have looked at. We have wanted to 15 there. 16 maintain. 16 MAYOR PROCHASKA: I think the important 17 I look at this, however, as it is a 17 thing is we are trying to meet a type of housing, type 18 different type of housing. This is a type of housing 18 of service, that we currently do not have in Yorkville 19 that certainly since I have been here we have not ever 19 as far as I know at least in the immediate area. 20 addressed where it is actually assisted living, and it 20 We have nursing homes, and we have 21 is -- you know, I have had family that has been in 21 senior apartments, but we really don't have that in 22 assisted living. 22 between area where the assisted living where people can 23 I was going to ask the question, 23 kind of still have feel a little independent but have 24 too, you kind of glanced over the part where you talked 24 the knowledge that there is somebody there watching DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 25 26 1 over there or actually for the family members to know 1 Engineering. All of whom are available to answer any 2 there is somebody there watching over them. 2 questions that you may have. 3 MR. HORVE: We will have doctors coming in 3 Just by way of a little bit of legal 4 and out, take them to their doctor's appointment. Our 4 housekeeping, I'd point out that the public hearing for 5 market study we had have no problem filling it up. 5 this matter was noticed in the Kendall County Record on 6 MAYOR PROCHASKA: Is there anybody else 6 October 31, 2004; and we were before the Plan 7 that would like to make any kind of comrent? 7 Commission on October 13, 2004, where we received votes 8 (No response.) 8 in favor of approving the rezoning preliminary plan and 9 MAYOR PROCHASKA: If not, we will move on. 9 the annexation of the property. 10 Thank you, gentlemen. 10 So each of the members of our team 11 The last item which is the 11 will come up and give you a brief presentation. I will 12 PC 2004-07, Pulte Hames and Iacalle Bank and Trust. 12 have them give you their names, tell you a little bit 13 You can show your thing up here so everybody can see 13 about their company and their level of experience, and 14 it. 14 answer any questions that you may have. With that, I 15 MS. WORKMAN: Good evening, ladies and 15 will turn it over to Matt Cudney from Pulte. 16 gentlemen. My name is Julie Workman. I am one of the 16 MR. CUDNEY: Hi, I am Matt Cudney with 17 attorneys who represents Pulte Homes. I am with the 17 Pulte Homes. I will try to keep this brief. We have 18 law firm of Gardner, Carton and Douglas. Thank you so 18 been working on this project for about a year now with 19 much for having us here. We are really excited to give 19 staff and will continue to work with staff, the 20 this presentation to you. 20 consultants, the various boards, including the Park 21 I have a number of people here with 21 District and School District. 22 me. On our team, we have Matt Cudney from Pulte Homes. 22 Let me tell you some brief few 23 We have Gary Weber and Rich Olson from Gary Weber and 23 things about Pulte. Pulte Homes was started by Bill 24 Associates. We also have Pete Huinker from Smith 24 Pulte in Michigan in the 1950s. He built his first DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 27 28 1 home there, and he has grown the company into the 1 working in Yorkville. 2 largest home builder in the nation building thousands 2 MR. WEBER: Good evening. My name is Gary 3 of homes every year. 3 weber. I am a land planner and landscape architect. 4 The nice part about Pulte Homes is 4 We came to be a part of this Pulte team in doing the 5 that it allows each individual division to run its 5 land planning work as well as the landscape 6 business as it sees fit. The Illinois division which 6 architecture for the site. We worked closely with the 7 is headquartered in Elgin is free to make whatever 7 City staff and with the Park Board and got to do a lot 8 decisions they deem necessary based upon market, and 8 of improvements to this plan we have in front of you 9 that is one of the reasons why they picked Yorkville. 9 tonight. 10 I don't need to tell you, Yorkville 10 Our site is located just north of 11 is a very vibrant growing community. It has great 11 Route 34. This is Route 34. This is the site which is 12 parks, great schools, and we are very, very excited to 12 the Highlands. It is the landscape nursery. The, 13 be having this opportunity to actually work here. 13 Menards property and the Hamman property are two doors 14 We have a lot -- great deal of input 14 southwest. We have the Grand Reserve to the northeast. 15 in the past four months since we first appeared before 15 Our site extends across. This is Kennedy Road, extends 16 you in June. We have gone through several plan changes 16 across all the way up and includes the Blackberry Creek 17 and I will let the land planners and the engineers tell 17 natural area that has been preserved as part of this 18 you more about the details on that. Just suffice to 18 plan. 19 say that I think a lot of changes we made to the plan 19 Our site is essentially an infill 20 have made the plan a lot better, and I am real excited 20 site. We are surrounded by either existing 21 about it, and I will turn it over to the rest of the 21 residential, crude development or areas that are in the 22 team now. Just to let you know that we will be 22 process of becoming developed. To our south, we have 23 available for any questions that you have after the 23 Timber Ridge. It is down in this area, the Grand 24 presentation. Thank you, and we look forward to 24 Reserve existing as an R-2 zoning. Bristol Lake is R-3 DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 29 30 1 to our northwest and Menards is zoned R-2 to our 1 to have direct exposure on to the open space. A 2 southwest. 2 typical townhane plan may be one where you put a lot of 3 The next slide, this is our site 3 townhomes near say Route 34. 4 analysis. Generally our site slopes to the southwest 4 This plan we have improved on that, 5 which is this area here. We have identified high 5 and we have mixed those things up along Route 34. We 6 points on the site. There is not a whole lot of relief 6 have continued the open space there where the Grand 7 until you get to the Blackberry Creek area. 7 Reserve has started with placing landscape buffers 8 We have identified our high points 8 along that area. Our main entry along Route 34 is a 9 on the site which are the red crosses. Our low points 9 boulevard, heavy landscaped boulevard entry way. We do 10 are the green areas that are shown. The blue lines are 10 have homes back up to the entryway to the front. These 11 water flow lines and the red lines that you see are the 11 homes around the pond create a real positive image as 12 drainage divides fairly minimal as planned. The 12 you enter the development. 13 Blackberry Creek then is at this low quarter which is 13 The plan has been thought through to 14 one of our peak preservation elements. 14 provide an interesting sequence of open space vistas, 15 The orange aspects that you see on 15 and the plan has generous open space frontage on the 16 this plan are areas that we see potential access points 16 public right of ways. It is quality open space that 17 to the site or access existing or future developments. 17 will be viewable and accessible by all in the area. 18 We are proposing a mixed use plan that preserves high 18 Our site data, our plan is proposing 19 quality open place and provides trail networks with 19 325 single-family homes with an average lot size of 20 site amenities. 20 13,420. This is on 211 acres, and our density is about 21 The plan provides for 20 acres of 21 one-and-a-half units per acre for the single-family. 22 commercial along Route 34. From there, we transition 22 Our townhomes proposing 258 units on 23 into townhomes and single family. The plan provides 23 56 acres for 4.6 units per acre. Our overall density 24 for an opportunity for both single-family and townhomes 24 is 2.17 dwelling units per acre. The total units DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 31 32 1 proposed are 583 units. 1 and a school site here. In doing that, it has allowed 2 Through the process, we have gone 2 us to clean up some of the road linkages that come 3 through quite a few changes in working with the staff 3 through and access the school site. 4 and Plan Commission and with the Park Board. Our 4 We have also re-configured the road 5 original concept plan which we came in with June, 2004, 5 system north of Kennedy road we have eliminated a road 6 in that plan, we have increased the size of our 6 that went through this area here. Right now we 7 commercial area. We have increased the usable area of 7 side-load those four homes that provided the bike trail 8 that commercial by providing our storm water management 8 through. We have also extended the open space bike 9 in the residential area. 9 path south in this location here. We have extended 10 we have also increased the home 10 that bike path south into the adjacent to meet -- 11 sizes adjacent to the Grand Reserve. The plan was also 11 connected the adjacent property. 12 revised to decrease driveways that connect to the 12 We have revised the land plan to 13 street that cares down fcum the site. We have very few 13 increase the detention along Route 34 and giving it a 14 townhomes that directly front on to that street. It is 14 real open space look along Route 34. We have changed 15 a side-loaded design that we are proposing at this 15 the details to provide a road hydrant of our entry rode 16 point. We also from that original plan, we dropped 16 that proposed connecting to the Hamman property, park 17 nine units. 17 side the right of way through that area to ease the 18 From the preliminary plans we came 18 traffic concerns that were expressed. 19 in, the August, 2004 plans, we had comments from the 19 We have also revised our land plan 20 Park Board, Plan Commission, the staff. From that 20 to locate most of our lots, smaller lots, to areas that 21 plan, we made several significant changes as well. 21 are adjacent to open space areas. You see some of 22 Since that plan, we have increased 22 these areas where the lots have a big field, those are 23 our park size. We revised and re-configured the park 23 areas that we have put some of the other lot sizes. We 24 and school sites. This plan now has a park site here 24 have also revised the roadway adjacent to the school, DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 33 34 1 school site, again, to make a better connection to the 1 south. We added an important link since the previous 2 Menards site. 2 plan that brings you through closer to Route 34 to a 3 The open space plan really we have 3 sidewalk that brings you up to that part of the site. 4 in front of you has become an open space plan, and the 4 It is green all the way through to a bike path that 5 thing about an open space plan is a plan that preserves 5 comes through, a non-loaded street to a bike trail 6 high quality open space and creates high quality open 6 head, again, in the Blackberry Creek area. It really 7 space in other areas that gives you really in 7 is a really good meaningful open space plan. 8 combination with a more variety in home styles you 8 The comprehensive plan elements, we 9 really end up with a better plan that serves the 9 want to kind of go through and see how we really 10 community. 10 compatible -- our plan development is open space trail 11 Our open space plan consists of -- 11 networks, linkages to adjacent properties, and the 12 we have 26 acres for preservation of Blackberry Creek. 12 preservation of the local area. The plan provides for 13 We have a 16 plus acres school site. We have a 13 park sites, school sites, neighborhood uses and easy 14 5.9 acre park site in this location. Generally our 14 trail and access. 15 open space and detention -- general open space and 15 The plan creates appropriate land 16 detention is 39 acres. Our buffers which we have along 16 use transitions from Route 34, the commercial corridor; 17 Route 34 and Kennedy Road are five acres. Our total 17 and it provides extraordinary usable open space at the 18 open space is over 93 acres which is about a third of 18 same time adhering to the density requirements of the 19 the site is dedicated to open space. 19 City. We also accommodate the transportation plan, our 20 Included in this open space besides 20 internal road networks and connections to adjacent 21 what I have previously mentioned, we have -- in red you 21 properties also are cause and part of the plan. 22 can see the trail network that comes through the site. 22 Our plan also provides for diverse 23 It interconnects with the Grand Reserve, brings you 23 range of housing choices, well distributed to include 24 through all the way to the Hamman property on the 24 open space, not just for single family, but for the DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 35 36 1 multifamily as well; and last just to touch on the site 1 project. We have one north of Kennedy Road and two 2 amenities, we are working and taking a very 2 additional connections to the east of the MPI piuperty. 3 comprehensive look to our landscape architecture. 3 What we try to do in working with staff is to minimize 4 The, site, again will have all the 4 the amount of connections to Kennedy Road; and adding 5 amenities of entry features, trail network, parks, 5 these connections, we actually were able to delete a 6 pocket parks, overlook areas, buffers and all the 6 connection in the property to Kennedy Road. 7 landscaping that really comes with the complete plan; 7 We also have connections to the west 8 and at this point, I'd like to turn the presentation to 8 of Hannan property. We actually have an enlarged 9 Peter Huinker, our engineer from Smith Engineering. 9 roadway. According to the staff, they recommended we 10 MR. HUINKER: Thanks, Gary. Peter Huinker, 10 have a higher collector along the townhomes; and in 11 Smith Engineering, license professional engineer in the 11 addition to the connections there, we would have an 12 State of Illinois. I just wanted to brush upon some of 12 interconnected roadway network within the commercial 13 the items that we have not covered so far in the 13 area and also the connection near the school site for 14 presentation. 14 the Menards residential area. 15 Speaking about roadway networks, we 15 Storm water management, we had a 16 feel that the plan promotes a good internal traffic 16 series of interconnected detention basins. We had 17 movement and flow and provides connections to adjacent 17 seven basins within the site along 34, along Kennedy 18 properties. We have 34 to the south, Kennedy Road to 18 Road and adjacent to the townhomes. In addition to 19 the north. We have a collector road that essentially 19 that, we also have a larger detention basin adjacent to 20 bisects this part of the p operty that promotes the 20 Blackberry Creek. We are proposing to utilize the best 21 flagstaff of the north-south collector road to connect 21 possible filtration devices so that we can promote the 22 to the adjacent collector roads with the City. 22 best management practices for the plan and the overall 23 In addition to that, we have 23 storm water management. 24 provided additional connections to the east for the MPI 24 Water and sanitary, there is DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 37 38 1 existing or actually under construction right now there 1 I was wondering if they were 2 is sanitary and water main within the Menards 2 planning on buffering it because little Johnny could 3 residential site. There is a proposed sanitary 3 live up here and the shortest distance over to 27 is to 4 receptor that is going to cut through the Hamman piece. 4 cut across these people's property. I know we have in 5 We will do that through the site and provide stuff for 5 the past encouraged buffers and sometimes even berms 6 the MPI property. There also is a plan for water main 6 and fences. 7 along 34 so that we can provide an interconnecting loop 7 MS. WORKMAN: You are referring to the 8 system for the region. 8 triangular parcel? 9 That is all that I have at this time 9 MR. CUDNEY: Two things about that, one of 10 as part of my presentation. 10 the things there is a little square -- there is a 11 MAYOR PROCHASKA: All right. I'd open up 11 parcel right here that that is one homestead on that; 12 the floor to the audience. Is there anyone that would 12 and just to let everyone know, we have contacted both 13 like to come forward and give us some testimony or have 13 property owners on a couple of different occasions to 14 a discussion on this development or the information 14 try and sell their property because it would make a 15 that has been out? 15 much better and clearer land plan were we able to pick 16 (No response.) 16 those up. 17 MAYOR PROCHASKA: Is there any discussion 17 We are actually in those cases with 18 from the Council? 18 contract on this particular piece right here. The 19 ALDERMAN BESCO: Yes. I actually have one 19 owners on this particular piece have decided that they 20 issue. It never really occurred to me and I didn't 20 still do not want to sell. What we have tried to do is 21 really notice it until I was sitting right here, the 21 we will be creating a buffer along these yards back 22 way it is designed it is almost encouraging trespassing 22 here to prevent some of that going on. 23 on this small unusual portion of property that GOES 23 Most of that area is wet area. It 24 into the development that doesn't belong to this. 24 will be very difficult for people to cross through. We DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 39 40 1 are providing trail network systems along through here. 1 be capped, yes. 2 We are going to be continuing to work through the Parks 2 ALDERMAN STICKA: That is a shallow well. 3 Department to determine the final location of those 3 MR. CUDNEY: Yes. 4 paths. We will have paths through here that will go 4 ALDERMAN STICKA: One of the concerns 5 from here and also around this other section over here. 5 people have is the impact they would have on their 6 So we will be providing pathway 6 private wells; and given that, it sounds like the 7 systems around this area to try and prevent any 7 impact would be positive. It would be less water taken 8 trespassing across that property; and by providing 8 from that for watering trees than there is now. It is 9 paths that are actually paved, it is going to be much 9 City water from our deep wells. So they are shallow 10 easier than having to cross through the muck and the 10 wells. It should actually have a positive impact. 11 field that is there right now. 11 MR. CUDNEY: Correct, and there is a 12 ALDERMAN BESCO: Is that an agricultural 12 shallow well on site actually where the house that sits 13 purposes right now? 13 on the property right here. There is adsi tional well 14 MR. CUDNEY: There is nothing going on with 14 there that actually serves that house, and that will 15 this property right now. 15 also be capped. 16 ALDERMAN STICKA: I had a question. I was 16 ALDERWOMAN OHARE: I have a couple of 17 told by someone that there was a large well on this 17 questions. I notice there is no -- the first question, 18 site that was used by the nursery for watering trees 18 there is no ranch floor plans. 19 and that this well would be capped. Was I given 19 MR. CUDNEY: Correct. 20 correct information? 20 ALDERWDMAN OHARE: Except maybe in the 21 MR. CUDNEY: Correct. I am not sure if the 21 duplexes. There is two duplexes. 22 well is necessarily on the site. My understanding is 22 MR. CUDNEY: Yes. 23 there is a well that serves this area, but my 23 ALDERWDM N OHARE: Unless something 24 understanding is it is off the site, and that well will 24 occurred that I am not aware of, lots under 12,000 DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 41 42 1 square feet back up to green space. You have a lot of 1 ALDERWOMAN OHARE: Well, on the strip that 2 lots less than that that do not. 2 I am looking at, if you delete a lot, you could make 3 MR. CUDNEY: We have some lots that do not. 3 those lots equal out to be 12,000 or more. 4 What we have tried to do is -- there was a conscious 4 MR. CUDNEY: What we are trying to do is 5 decision there. 5 provide a variety of lot sizes as well. We are moving 6 What we could have done is take some 6 these here. We could have provided all of those 7 of these townhome product here and put that all along 7 smaller lot sizes along the open space. It was a 8 Route 34 and then use this area, open space area, to 8 decision not to do that. 9 put some more of the smaller lots. What we thought it 9 ALDERWOMAN OHARE: It was a decision not to 10 would be much better to have your more dense product -- 10 give up a lot. That is how I see it. 11 instead of shoving it all in one area along Route 34, 11 ALDERMAN KOT: I agree with what Wanda is 12 have that townhane produce be able to back up against 12 saying. That is going to be the first area that you 13 open space. Therefore, providing much more relief as 13 are going to see when you cane in off of 34. I don't 14 it were for sane of these multifamily units to actually 14 know. I'd much prefer to see those somehow back up to 15 back up to open space rather than back up to Route 34 15 open space. We get away from that all too often. 16 or to each other. 16 MR. WEBER: I was trying to explain the 17 AdDERWOMAN OHARE: That still doesn't solve 17 open space plan. We have a lot of corridors through 18 the reason to have less than 12,000 square feet and not 18 areas, a lot of green space areas, above and beyond 19 have them be against green space. 19 what you have in a normal straight 12,000 square foot 20 MR. CUDNEY: There are a few that are 20 lot development. 21 within there. I think it is -- I think it tries to 21 I guess what we are trying to do 22 answer that question. There was a conscious decision 22 here is have a creative plan and have a little bit of 23 rather than put all the multifamily there -- you want 23 lot variation to kind of make up for all the really big 24 smaller lots to face up against open space. 24 buffers that all the green area that we have, DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 43 44 1 dedications that are going on in this development. We 1 MR. CUDNEY: Approximately half of the home 2 feel that this is kind of a fair trade off to get a 2 sites that are under 12,000 square feet are adjacent to 3 good quality plan and have some variety in home styles. 3 open space. There is an additional probably 15 percent 4 MAYOR PUSKA: I don't think anybody has 4 that are not adjacent to open space -- probably 5 argued the idea that the smaller lots aren't allowed. 5 20 percent that are not adjacent to open space that are 6 They have been allowed in Yorkville. We just ask to 6 just under 12,000 square feet. 7 have them back up to green space so that the folks that 7 If you will notice along -- the lot 8 have the smaller lots still can have an essence of 8 sizes along the townhomes, many of those are 11,900, 9 having a larger area. That is typically what you see 9 11,800 square feet. There are probably a handful -- I 10 happen. That was brought up at the last meeting when 10 would say probably less than 10 home sites other than 11 we were at the committee as a whole. 11 that that are spread throughout that area. 12 It is not -- we do have subdivisions 12 Again, as I said what we tried to do 13 all over where that has happened. We have not said no 13 is create a land plan that was able to take advantage 14 to the smaller lots. In fact, I believe the Plan 14 of the open space more, not necessarily for the single 15 Commission in their first vote recommended all the lots 15 family but for the multifamily. I think if you look at 16 were brought to 12,000 square feet and that did let 16 it in that respect, there is not a request from the 17 through some with 10,000 and that did pass; but, again, 17 City to put your more dense multifamily product next to 18 I think the direction that the Council has given is 18 the open space. Yet that is what we did. 19 that we would like to see those back up to open space 19 In trying to put those smaller lots, 20 so that the folks that have those smaller lots who like 20 you are talking about that, you try to put that closer 21 the idea of not having a big yard, they still have an 21 to open space. By putting the multifamily there, I 22 idea that they are still getting more open area than 22 think you are really accomplishing that and you are 23 being jammed together. I think that is kind of the 23 able to do it much better. In this particular plan 24 process of the City and the theory. 24 where you have probably 50 to 60 percent of that DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 45 46 1 multifamily that is adjacent to that open space rather 1 done to encourage other commercial, and I think I have 2 than have that multifamily put somewhere else and 2 been kind of looking and seeing that really you have 3 reallocating those smaller lots adjacent to that. 3 one street along the commercial. I guess I am trying 4 It was a decision to provide that 4 to figure out what it is you are trying to get out of 5 opportunity for the multifamily units and to provide 5 it. 6 that opportunity that doesn't really exist in most 6 MS. WORKMAN: I can adriress that a little 7 multifamily hares today. 7 bit. 8 MAYOR PROCHASKA: All right. Anybody else 8 We have been requested by the seller 9 have any other comments? I have a couple. 9 who is at this time intending to retain that commercial 10 ALDERWOMAN SPEARS: No. I would just voice 10 piece. He is going to be seeking commercial users in 11 the same comments as Wanda and Larry at two previous 11 the future there as yet unidentified. We don't know 12 meetings, and I am in total agreement. 12 what the end users are going to be. So we have tried 13 I don't think that I want to make a 13 to leave it brought -- and that was a specific request 14 lot smaller without the open space behind there, and I 14 from the sellers that the sales tax relief be provided. 15 just think that more developers are doing that, 15 He has proposed a variety of 16 bringing it to us, and I am not in agreement with it. 16 different uses that probably will get worked out in 17 I want to stay with what we have established, 17 upcoming drafts of the annexation agreement. He is 18 12,000 square feet. 18 looking at a variety of different things. 19 MAYOR PROCHASKA: Okay. The other issue 19 I don't know if you want me to go 20 that I have -- thank you, Rose -- is in your agreement, 20 into any detail. There is a long laundry list that he 21 there is some discussion about the commercial and 21 is looking for. We plan to hash that out in future 22 looking for a sales tax rebate, and I am looking at the 22 drafts of the agreement. 23 way your property is laid out. The amount of -- 23 ALDERMAN STICKA: I reinforce what I think 24 usually we look at that with public improvement. It is 24 your point is. We have never approved as far as I am DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 47 48 1 concerned and never should approve a sales tax rebate 1 entertain a motion to close the public hearing. 2 for anything other than public businesses to come to 2 ALDERMAN KOT: So moved. 3 the site or to building features within the site. I 3 ALDERWY'IAN BURD: Second. 4 don't support rebates for that purposes. 4 MAYOR PROCHASKA: Moved and seconded. 5 MAYOR PROCHASKA: We usually look at it 5 May I have a roll call, please. 6 there being a broader good to the City. 6 MS. MILSCWSKI: Burd? 7 ALDERMAN STICKA: If it was to pay, for 7 ALDERWOMAN KURD: Aye. 8 example, a traffic signal on Route 34, that would be a 8 MS. MILSCHEWSKI: Kot? 9 public improving. Landscaping on the site, that is not 9 ALDERMAN KOT: Aye. 10 a public improvement. That is a private development, 10 MS. MILSCHEWSKI: Ohare? 11 and I don't think it should nailed for sales tax 11 ALDERWOMAN OHARE: Aye. 12 rebates. 12 MS. MILSCHEWSKI: Spears? 13 MAYOR PROCHASKA: Even with things like 13 ALDERWOMAN SPEARS: Aye. 14 that, we have looked at the fact that how much of that 14 MS. MILSa-TEWSKI: Sticka? 15 traffic light is warranted by the housing and how much 15 ALDERMAN STICKA: Aye. 16 is warranted by the commercial. 16 MS. MILSCHEWSKI: Besco? 17 ALDERMAN STICKA: I am just putting that as 17 ALDERMAN BESCIO: Aye. 18 an example, something that might be a public 18 MAYOR PROCHASKA: Motion is carried. The 19 improvement. 19 public hearing is closed. 20 MS. WORKMAN: We are happy to take those 20 (Proceedings were then had 21 concerns to the seller and their attorney and pass that 21 which are not herein 22 along. 22 transcribed.) 23 MAYOR PROCHASKA: Okay. If I hear no 23 * * * * * 24 further comment, at this time, I'd make a motion or I 24 DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 49 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF KENDALL ) 3 I, Nicola Gengler, C.S.R., No. 84-3780, do 4 hereby certify that the proceedings had in the 5 above-entitled cause were recorded stenographically by 6 me and reduced to typewriting via computer-aided 7 transcription under my personal direction; and that the 8 foregoing is a true and correct transcript of the 9 proceedings had at the time and place previously 10 specified. 11 IN WITNESS WHEREOF I have hereunto set my 12 hand this 19th day of November, 2004. 13 2 /// 14 L .�� / . 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headquartered 27:7 interconnected 36:12,16 lines 29:10,11 40:17; 42:12; 43:15 hear 47:23 interconnecting 37:7 link 34:1 fit 16:11; 27:6 heard 6:18 interconnects 33:23 linkages 32:2; 34:11 five 33:17 hearing 1:7,9; 3:4,21; interesting 30:14 list 15:22; 16:5; 46:20 flagstaff 35:21 8:1,3; 12:8; 13:13; 14:3, internal 34:20; 35:16 listen 12:1,13 floor 8:5; 17:7; 37:12; 4; 17:11; 26:4; 48:1,19 issue 10:13; 37:20; 45:19 little 5:2; 8:20; 9:13; 40:18 heart 10:10 item 4:20; 14:4; 25:11 14:9,20; 15:8; 16:22; floors 16:13; 23:2 heavy 30:9 items 35:13 18:23; 24:23; 26:3,12; flow 29:11; 35:17 help 8:17,18; 15:17 38:2,10; 42:22; 46:6 folks 43:7,20 hereby 49:4 J live 10:2,20; 15:17,23; foot 11:5; 18:12; 42:19 herein 3:2; 48:21 19:1; 24:14; 38:3 foregoing 49:8 hereunto 49:11 Jack 8:9 living 3:6,9; 14:5,12,19, forward 8:6,7; 12:8; 14:8; Hi 8:9; 26:16 JACKIE 2:4 24; 15:10,12; 17:23; 27:24; 37:13 high 24:11; 29:5,8,18; jammed 43:23 18:2,3,10,16,24; 19:3,4, YORR119.TXT Page 4 9; 23:20,22; 24:22 million 17:4 none 14:3; 17:11; 18:3 over 4:24; 8:2; 13:8; LLC 3:6; 14:5,24 MILSCHEWSKI 2:4; 4:7,11, normal 42:19 23:24; 25:1,2; 26:15; loading 22:2 13,15,17; 48:8,10,12,14, north 4:1; 28:10; 32:5; 27:21; 33:18; 38:3; 39:5; local 17:3,5; 34:12 16 35:19; 36:1 43:13 locate 32:20 MILSCHEWSRI: 4:9; 48:6 north-south 35:21 overall 6:16; 30:23; 36:22 located 3:12; 14:13; 28:10 minimal 29:12 northeast 28:14 overlook 35:6 location 32:9; 33:14; 39:3 minimize 36:3 northwest 29:1 own 15:21; 18:4; 23:5 long 8:12; 46:20 minor 10:5 notations 6:23 owned 22:14 look 4:24; 6:4,5; 7:12; minutes 7:12; 13:23 note 7:1 owners 38:13,19 10:16; 19:22; 21:3; missing 20:15 nothing 10:20; 19:9; 39:14 23:17; 27:24; 32:14; mixed 29:18; 30:5 notice 37:21; 40:17; 44:7 P 35:3; 44:15; 45:24; 47:5 modern 6:4 noticed 26:5 looked 23:15; 47:14 modifications 5:24; 6:1 November 1:11; 49:12 p.m. 1:12 looking 6:13; 7:8; 10:4; monotony 6:21 number 5:16; 25:21 parcel 38:8,11 20:3; 42:2; 45:22; 46:2, month 15:16; 24:3 nursery 28:12; 39:18 park 26:20; 28:7; 31:4,20, 18,21 months 22:20; 27:15 nursing 15:11; 24:20 23,24; 32:16; 33:14; looks 6:15; 20:16; 22:21 most 7:16; 15:5; 21:16; 34:13 loop 37:7 32:20; 38:23; 45:6 0 parking 15:4,5; 17:15,16, lot 5:21; 6:23,24; 8:12, motion 3:4; 4:19; 8:3; 20,24; 18:4,6,13; 20:3 13; 15:14; 20:3,5; 27:14, 47:24; 48:1,18 Oaks 8:10 parks 27:12; 35:5,6; 39:2 19,20; 28:7; 29:6; 30:2, move 13:8; 14:4; 25:9 obviously 14:23; 21:10,24 part 7:3; 13:15; 23:24; 19; 32:23; 41:1; 42:2,5, moved 4:4; 48:2,4 Occasionally 21:8 27:4; 28:4,17; 34:3,21; 7,10,17,18,20,23; 44:7; movement 35:17 occasions 38:13 35:20; 37:10 45:14 moving 42:5 occur 5:14 particular 11:9; 38:18,19; lots 5:13,18; 32:20,22; MPI 35:24; 36:2; 37:6 occurred 37:20; 40:24 44:23 40:24; 41:2,3,9,24; 42:3; MR 8:9 occurring 6:17 partner 16:1 43:5,8,14,15,20; 44:19; MS. 2:4,6,8,10; 4:7,9,11, October 11:3; 26:6,7 parts 19:1 45:3 13,15,17; 5:4; 10:19; OFFICES 2:12 pass 43:17; 47:21 love 22:17; 23:3,6; 24:14 11:17,19,23; 12:4,11; often 42:15 past 27:15; 38:5 low 24:5; 29:9,13 13:2; 25:15; 38:7; 46:6; OHARE 2:8; 4:5,13,14; path 19:20; 21:12,18; lower 15:15 47:20; 48:6,8,10,12,14,16 19:11,19; 20:7,20; 23:7; 32:9,10; 34:4 much 9:8; 10:13; 18:15; 40:16,20,23; 41:17; 42:1, paths 39:4,9 M 22:22; 25:19; 38:15; 9; 48:10,11 pathway 39:6 39:9; 41:10,13; 42:14; okay 13:5; 45:19; 47:23 patients 21:10 made 17:19; 27:19,20; 44:23; 47:14,15 old 11:16; 15:1,10; 22:20 patio 19:17,18; 20:19 31:21 muck 39:10 older 15:1,2; 19:9 paved 39:9 main 30:8; 37:2,6 multifamily 35:1; 41:14, Olson 25:23 pay 15:16; 47:7 maintain 23:16 23; 44:15,17,21; 45:1,2, Once 7:10 PC 3:15; 25:12 majority 9:1; 15:15 5,7 one 3:12; 11:3,15; 14:11; peaceful 19:23 management 31:8; 36:15,22, must 20:10 15:21; 17:13; 19:13; peak 29:14 23 21:23; 24:11; 25:16; peek 6:16 many 44:8 N 27:9; 29:14; 30:2; 36:1; people 11:9; 15:23; 16:6; map 6:23; 7:12 37:19; 38:9,11; 40:4; 18:1,4,16,23; 19:3; 20:1, maps 7:11 nailed 47:11 41:11; 46:3 5; 21:7,11,19; 22:16; market 15:20; 24:1,13; name 5:5; 8:7; 14:10; one-and-a-half 30:21 24:14,22; 25:21; 38:24; 25:5; 27:8 16:1; 25:16; 28:2 One-Family 3:20 40:5 marketing 16:24 names 26:12 only 9:9; 15:16 people's 38:4 materials 9:1 nation 27:2 open 8:5; 17:7,16; 29:19; per 13:1; 15:3; 24:3; Matt 25:22; 26:15,16 natural 28:17 30:1,6,14,15,16; 32:8,14, 30:21,23,24 matter 1:10; 26:5 nature 16:10 21; 33:3,4,5,6,11,15,18, percent 9:10; 16:5,9; maximum 13:3 near 30:3; 36:13 19,20; 34:7,10,17,24; 44:3,5,24 MAYOR 2:2; 3:3; 4:6,19; nearby 7:13 37:11; 41:8,13,15,24; perhaps 8:23; 19:7 5:3; 8:2,4; 9:24; 10:17; necessarily 39:22; 44:14 42:7,15,17; 43:19,22; period 10:15 12:2,5,14,18; 13:7,10,18; necessary 27:8 44:3,4,5,14,18,21; 45:1, permission 8:1; 11:12 14:3; 17:7,11; 20:13,17; need 13:13; 15:12; 18:6, 14 permit 7:17,18; 11:24 21:4,22; 23:11,13; 24:4, 23; 19:3; 27:10 opened 15:22 permits 7:9,22 7,16; 25:6,9; 37:11,17; neighborhood 6:3; 16:11; operators 22:14 personal 49:7 43:4; 45:8,19; 47:5,13, 34:13 opportunity 27:13; 29:24; Pete 25:24 23; 48:4,18 network 33:22; 35:5; 45:5,6 Peter 35:9,10 meals 15:18; 16:17 36:12; 39:1 opposed 10:15 PETERSON 10:2,19; 11:17, mean 17:14; 23:14 networks 29:19; 34:11,20; orange 29:15 19,23; 12:4,11 meaningful 34:7 35:15 oranges 18:21 petitioner 3:6,23; 14:6 means 7:2 never 22:9; 37:20; 46:24; ordinance 8:17 petitioners 3:16 measures 21:6 47:1 ordinances 10:7,10 physically 6:11 meet 24:17; 32:10 new 3:8; 5:19; 6:6; 9:2; original 17:14; 31:5,16 pick 38:15 meeting 43:10 10:22; 22:19 originally 17:20 picked 27:9 meetings 45:12 newer 6:4 other 6:21; 9:4; 13:24; picking 13:8 meets 18:22 next 14:4; 21:18; 29:3; 19:1,7; 32:23; 33:7; piece 37:4; 38:18,19; member 8:10 44:17 39:5; 41:16; 44:10; 45:9, 46:10 members 8:14; 14:1; 19:2; nice 15:24; 20:2; 24:11, 19; 46:1; 47:2 place 9:12; 15:19,24; 24:8; 25:1; 26:10 13; 27:4 out 4:23; 7:2; 9:9,19; 18:12; 19:5; 29:19; 49:9 Menards 16:20; 28:13; nicer 18:17 11:3,11,20,24; 13:21; places 15:7 29:1; 33:2; 36:14; 37:2 Nicola 1:10; 49:3,14.5 19:18,23; 20:1,5,6,20; placing 30:7 mentioned 33:21 Nicor 11:24 21:11; 22:12; 25:4; 26:4; plan 8:11,14,16; 10:3; merit 19:8 nine 31:17 37:15; 42:3; 45:23; 46:4, 17:14,21; 26:6,8; 27:16, mic 13:8 No. 1:11; 3:16; 49:3 16,21 19,20; 28:8,18; 29:16,18, Michigan 26:24 noise 10:6,10 outfit 17:19 21,23; 30:2,4,13,15,18; might 5:8; 6:20; 47:18 non-loaded 34:5 outside 19:12 31:4,5,6,11,16,20,21,22, YORX119.TXT Page 5 24; 32:12,19; 33:3,4,5,9, proposed 4:21; 14:12; relay 9:15 section 5:21; 39:5 11; 34:2,7,8,10,12,15,19, 17:21; 31:1; 32:16; 37:3; relevance 11:18 see 7:13; 9:6; 10:3; 21,22; 35:7,16; 36:22; 46:15 relief 29:6; 41:13; 46:14 19:24; 20:8; 25:13; 37:6; 38:15; 42:17,22; proposing 29:18; 30:18,22; remember 22:15 29:11,15,16; 32:21; 43:3,14; 44:13,23; 46:21 31:15; 36:20 REPORT 1:9 33:22; 34:9; 42:10,13,14; planned 3:7,19,22; 29:12 provide 3:9; 5:11; 7:4; represent 5:5 43:9,19 planner 28:3 18:6; 20:24; 30:14; representing 14:8 seeing 9:1; 46:2 planners 27:17 32:15; 37:5,7; 42:5; represents 25:17 seeking 46:10 planning 28:5; 38:2 45:4,5 request 3:6,16; 44:16; seemed 18:17 plans 31:18,19; 40:18 provided 32:7; 35:24; 46:13 seems 10:22 plants 20:6 42:6; 46:14 requested 10:8; 46:8 sees 27:6 please 4:6; 8:7; 12:2,5; provides 29:19,21,23; requirements 34:18 sell 38:14,20 48:5 34:12,17,22; 35:17 research 4:24 seller 46:8; 47:21 plus 33:13 providing 17:24; 31:8; Reserve 28:14,24; 30:7; sellers 46:14 pocket 35:6 39:1,6,8; 41:13 31:11; 33:23 semi 22:7 point 9:14; 10:12; 12:10, public 1:7; 3:4; 8:1,3; Residence 3:20 semis 22:11 12; 20:4,23; 23:14; 26:4; 11:22; 12:8; 13:13; 14:4; residences 3:10 senior 14:18; 18:18; 24:21 31:16; 35:8; 46:24 26:4; 30:16; 45:24; 47:2, resident 15:16; 19:21 sense 5:11,12 points 29:6,8,9,16 9,10,18; 48:1,19 residential 16:10; 28:21; sequence 30:14 pond 21:7; 30:11 PUD 9:20; 14:17,22 31:9; 36:14; 37:3 series 36:16 ponds 19:21 Pulte 3:15; 9:18; 25:12, residents 15:6,14,15; serve 16:17 porch 19:24 17,22; 26:15,17,23,24; 16:21; 17:21; 18:4 serves 33:9; 39:23; 40:14 Porches 20:20 27:4; 28:4 respect 44:16 service 3:21; 7:3; 24:18 portion 6:7; 37:23 purpose 5:9,20; 6:6 response 12:17; 14:2; services 22:1,10 positive 30:11; 40:7,10 purposes 39:13; 47:4 17:10; 23:12; 25:8; 37:16 set 49:11 possible 36:21 put 10:14; 20:5,6; 21:13, rest 27:21 seven 36:17 potential 29:16 18; 30:2; 32:23; 41:7,9, restricted 3:9 several 10:7; 27:16; 31:21 practices 36:22 23; 44:17,19,20; 45:2 retain 46:9 shade 16:12 pre-annexation 9:20 putting 44:21; 47:17 returned 11:2,3 shallow 40:2,9,12 prefer 42:14 review 7:17,22; 12:24 short 22:8 prejudiced 10:13 Q reviews 7:18,19,20 shortest 38:3 preliminary 26:8; 31:18 revised 31:12,23; 32:12, shoving 41:11 PRESENT 2:1 quality 29:19; 30:16; 19,24 show 22:18; 25:13 presentation 5:2; 14:9; 33:6; 43:3 rezone 3:17 shown 29:10 17:19; 25:20; 26:11; quarter 29:13 rezoning 26:8 side 3:13; 19:11,24; 20:1; 27:24; 35:8,14; 37:10 question 7:14; 12:3,4,22; Rich 25:23 32:17 presented 5:16; 17:16 13:7; 21:5,23; 23:23; RICHARD 2:9 side-load 32:7 preservation 29:14; 33:12; 39:16; 40:17; 41:22 Ridge 4:2; 10:3,20,23; side-loaded 31:15 34:12 questions 8:2; 17:6,9,12; 24:12,14; 28:23 sidewalk 34:3 preserved 28:17 26:2,14; 27:23; 40:17 RN 17:1 signal 47:8 preserves 29:18; 33:5 quickly 7:23 road 1:12; 3:13; 4:2; significant 7:21; 31:21 pretty 22:19,22 quite 19:4,10; 21:17; 31:3 10:3,20,23; 14:14; 23:10; significantly 7:10 prevent 38:22; 39:7 28:15; 32:2,4,5,15; similar 6:21; 16:4; 22:24 preventative 21:6 R 33:17; 34:20; 35:18,19, simply 13:16 previous 34:1; 45:11 21; 36:1,4,6,18 since 9:21; 23:19; 27:15; previously 33:21; 49:9 R-2 3:19; 28:24; 29:1 roads 35:22 31:22; 34:1 price 17:4 R-3 3:20; 28:24 roadway 32:24; 35:15; single 29:23; 34:24; 44:14 prior 11:8 raised 7:14 36:9,12 single-family 8:23; 9:6,7; private 40:6; 47:10 ranch 40:18 rode 32:15 29:24; 30:19,21 probably 15:19; 44:3,4,9, range 34:23 roll 4:6; 48:5 sir 11:20; 12:1; 18:19 10,24; 46:16 rate 15:20; 24:1,9,13 room 16:16,18; 19:16,17 sit 19:22; 20:21 problem 25:5 rather 18:15; 41:15,23; ROSE 2:10; 13:7; 45:20 site 7:3,15; 28:6,10,11, proceedings 1:9; 3:1; 45:1 roughly 8:21 15,19,20; 29:3,4,6,9,17, 48:20; 49:4,9 re-configured 31:23; 32:4 Route 3:13; 4:1,2; 14:14; 20; 30:18; 31:13,24; process 28:22; 31:2; 43:24 read 13:14; 21:8 28:11; 29:22; 30:3,5,8; 32:1,3; 33:1,2,13,14,19, PROCHASXA 2:2; 3:3; 4:6, real 3:11,24; 27:20; 32:13,14; 33:17; 34:2,16; 22; 34:3; 35:1,4; 36:13, 19; 5:3; 8:4; 9:24; 30:11; 32:14 41:8,11,15; 47:8 17; 37:3,5; 39:18,22,24; 10:17; 12:2,5,14,18; reallocating 45:3 Royal 8:10 40:12; 47:3,9 13:7,10,18; 14:3; 17:7, really 18:9,21; 19:8; run 27:5 sites 31:24; 34:13; 44:2, 11; 20:13,17; 21:4,22; 24:21; 25:19; 33:3,7,9; 10 23:11,13; 24:4,7,16; 34:6,7,9; 35:7; 37:20,21; S sits 40:12 25:6,9; 37:11,17; 43:4; 42:23; 44:22; 45:6; 46:2 sitting 13:21; 37:21 45:8,19; 47:5,13,23; reason 19:19; 41:18 safe 16:14 six 10:21; 11:14 48:4,18 reasons 27:9 sales 45:22; 46:14; 47:1, size 30:19; 31:6,23 produce 41:12 rebate 45:22; 47:1 11 sizes 31:11; 32:23; 42:5, product 41:7,10; 44:17 rebates 47:4,12 same 6:10,13; 8:24; 10:11; 7; 44:8 professional 35:11 received 26:7 18:12; 22:14,23; 34:18; slide 29:3 project 17:2; 26:18; 36:1 receptor 37:4 45:11 slope 21:15 promote 36:21 recommended 36:9; 43:15 sanitary 36:24; 37:2,3 slopes 29:4 promotes 35:16,20 record 5:5; 26:5 saying 6:8; 18:15; 20:18; small 18:10; 37:23 properties 6:2; 34:11,21; recorded 49:5 42:12 smaller 18:9; 32:20; 41:9, 35:18 red 29:9,11; 33:21 schedule 23:4 24; 42:7; 43:5,8,14,20; property 3:11,24; 11:6; redevelopment 5:18,20 school 26:21; 31:24; 32:1, 44:19; 45:3,14 26:9; 28:13; 32:11,16; reduced 49:6 3,24; 33:1,13; 34:13; Smith 25:24; 35:9,11 33:24; 35:20; 36:2,6,8; referring 38:7 36:13 solve 41:17 37:6,23; 38:4,13,14; region 37:8 schools 27:12 somebody 24:24; 25:2 39:8,15; 40:13; 45:23 reinforce 46:23 Second 4:5; 48:3 somehow 42:14 propose 14:19 relatives 15:23 seconded 48:4 someone 5:22; 12:1; 14:7; YORK119.TXT Page 6 39:17 systems 39:1,7 23:18; 24:17 weeks 7:19; 10:22 something 20:1; 23:15; typewriting 49:6 welcome 12:7; 23:4 40:23; 47:18 T typical 30:2 wells 40:6,9,10 sometimes 20:2; 38:5 typically 7:19; 43:9 west 3:12; 4:2; 8:9; somewhere 6:12; 45:2 table 13:22 19:11; 20:1,11,16; 23:10; sorry 12:11 tag 17:4 U 36:7 sounds 40:6 talked 8:11; 23:24 wet 38:23 south 2:12.5; 3:13; 28:22; tax 45:22; 46:14; 47:1,11 under 11:15; 37:1; 40:24; whatever 27:7 32:9,10; 34:1; 35:18 team 25:22; 26:10; 27:22; 44:2,6; 49:7 WHEREOF 49:11 southwest 28:14; 29:2,4 28:4 understanding 39:22,24 whole 29:6; 43:11 space 30:1,6,14,15,16; terms 7:8; 16:4 unidentified 46:11 whom 26:1 32:8,14,21; 33:3,4,5,6,7, testimony 8:6; 37:13 unique 6:10; 8:18; 9:13 wide 11:4; 17:16 11,15,18,19,20; 34:7,10, Testing 13:9 unit 3:7,19,22; 18:10; wife's 24:13 17,24; 41:1,8,13,15,19, Thanks 9:23; 35:10 22:14 will 4:20; 6:22; 7:1; 24; 42:7,15,17,18; 43:7, theory 43:24 United 2:14; 3:14,17,18 8:17; 9:22; 10:9; 12:6, 19; 44:3,4,5,14,18,21; Therefore 41:13 units 15:3; 18:8,24; 10,13; 13:23; 14:23; 45:1,14 thing 9:22; 12:6; 19:7; 30:21,22,23,24; 31:1,17; 15:5,6,7,9,15,16,18,19; Speaking 35:15 24:17; 25:13; 33:5 41:14; 45:5 16:10,12,15,17,18,19,22, SPEARS 2:10; 4:15,16; things 9:4; 18:20; 26:23; unless 8:1; 40:23 23,24; 17:1,3,4; 18:4,5, 12:21; 13:5,9; 21:5,21; 30:5; 38:9,10; 46:18; until 29:7; 37:21 8; 19:2; 21:2,11,16; 45:10; 48:12,13 47:13 unusual 37:23 22:7; 25:3,9; 26:11,15, specific 46:13 third 33:18 up 6:22; 7:12,19; 10:14; 17,19; 27:17,21,22; specified 49:10 thoughts 13:20 13:8; 22:16; 25:5,13; 30:17; 35:4; 37:5; 38:21, spread 44:11 thousands 27:2 26:11; 28:16; 30:5,10; 24; 39:4,6,24; 40:14; spring 16:13 three 15:18; 16:17; 23:2 32:2; 33:9; 34:3; 37:11; 44:7; 46:16 sprinkled 16:13 three-quarters 21:14 38:3,16; 41:1,12,15,24; Wilson 23:9 Spruce 11:16 throughout 44:11 42:10,14,23; 43:7,10,19 wing 19:15 square 18:12; 38:10; 41:1, Timber 28:23 upcoming 46:17 Wiseman-Hughes 13:12 18; 42:19; 43:16; 44:2,6, timing 7:8 upset 10:21 within 36:12,17; 37:2; 9; 45:18 titled 5:8 usable 31:7; 34:17 41:21; 47:3 SS 1:3; 49:1.5 today 45:7 users 46:10,12 without 45:14 staff 26:19; 28:7; 31:3, together 43:23 utilize 36:20 WITNESS 49:11 20; 36:3,9 tonight 28:9 wondering 38:1 start 9:18 Tony 13:21 V work 7:7; 10:8; 11:24; started 26:23; 30:7 total 30:24; 33:17; 45:12 26:19; 27:13; 28:5; 39:2 state 1:2.5; 8:7; 35:12; touch 35:1 VALERIE 2:6 worked 28:6; 46:16 49:1 tour 23:5 valid 23:14 working 7:6; 17:5; 26:18; statements 17:9 townhome 30:2; 41:7,12 vane 8:24 28:1; 31:3; 35:2; 36:3 stay 15:19; 19:5; 45:17 townhomes 10:16; 29:23,24; variation 42:23 WORKMAN 25:15,16; 38:7; stenographically 49:5 30:3,22; 31:14; 36:10,16; variety 33:8; 42:5; 43:3; 46:6; 47:20 Steve 14:10 44:8 46:15,18 STICRA 2:9; 4:4,17,18; Township 4:2 various 26:20 Y 11:17,21; 17:18; 18:19; trade 43:2 via 49:6 20:10,15,22; 22:13,19,22; tradition 10:22 vibrant 27:11 yard 10:24; 11:1; 43:21 39:16; 40:2,4; 46:23; traffic 32:18; 35:16; view 10:12; 20:2 yards 38:21 47:7,17; 48:14,15 47:8,15 viewable 30:17 year 26:18; 27:3 still 5:12; 6:3; 9:12; trail 29:19; 32:7; 33:22; vinyl 9:10 years 15:1,2,10 11:14; 12:9; 24:23; 34:5,10,14; 35:5; 39:1 visit 7:15 YORKVILLE 1:6,13; 2:13, 38:20; 41:17; 43:8,21,22 transcribed 3:2; 48:22 visited 16:3 14.5; 3:6,14,17,19; 5:11; stores 16:20 transcript 49:8 visitors 18:5 7:6; 8:11,18; 9:12; stories 14:20; 16:10 transcription 49:7 visits 7:3 10:22; 11:23; 14:5,23; storm 31:8; 36:15,23 transition 29:22 vistas 30:14 18:24; 19:2,9; 24:18; straight 42:19 transitions 34:16 voice 45:10 27:9,10; 28:1; 43:6 street 2:12.5; 23:9; transportation 34:19 vote 43:15 Yorkville's 5:6 31:13,14; 34:5; 46:3 trees 39:18; 40:8 votes 26:7 younger 17:22 stress 6:14 trespassing 37:22; 39:8 stringent 8:22 triangular 38:8 W Z strip 42:1 tried 38:20; 41:4; 44:12; striving 5:12 46:12 waiting 15:22; 16:5 zoned 29:1 stuck 11:5 tries 41:21 Wal-Mart 16:20 zoning 28:24 study 25:5 trips 16:19 walking 19:20; 21:12,18 stuff 16:21; 37:5 truck 22:8 WANDA 2:8; 42:11; 45:11 _ style 16:4 trucks 22:11 wanted 9:15,16; 23:4,15; styles 33:8; 43:3 true 49:8 35:12 - subcontracted 11:24 Trust 3:16; 25:12 wants 5:22; 13:16,22; 15:9 49:14 subdivision 6:13,23; 7:11 try 5:21; 26:17; 36:3; warranted 47:15,16 subdivisions 43:12 38:14; 39:7; 44:20 watch 19:22 subject 9:21 trying 6:3; 24:17; 42:4, watching 24:24; 25:2 submitted 13:12 16,21; 44:19; 46:3,4 water 21:17; 29:11; 31:8; suffice 27:18 turn 8:2; 22:5; 26:15; 36:15,23,24; 37:2,6; Sugar 16:8 27:21; 35:8 40:7,9 support 47:4 turned 20:10 watering 39:18; 40:8 Supported 14:24 two 7:19; 14:20; 16:10,14; way 20:2,11; 21:14; 26:3; Supportive 3:6; 14:5 18:20; 24:10; 28:13; 28:16; 30:9; 32:17; supposed 9:9 36:1; 38:9; 40:21; 45:11 33:24; 34:4; 37:22; 45:23 surprise 11:2 two-story 14:18 ways 30:16 surrounded 28:20 two-to-one 21:15 Weber 25:23; 28:2,3; 42:16 system 32:5; 37:8 type 6:8,21,24; 9:10; week 7:20; 11:3 Page 1 of 17 4,h,49A, F 1" UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING TUESDAY,DECEMBER 2,2003 7:00 P.M. CITY CONFERENCE ROOM Council Members in Attendance: Alderman Besco Alderwoman Burd Alderman Kot Alderwoman Spears Alderman Sticka City Staff in Attendance: Mayor Prochaska City Administrator Tony Graff City Attorney Dan Kramer City Treasurer Bill Powell Police Chief Harold Martin Public Works Director Eric Dhuse Finance Director Tracy Pleckham Executive Director of Parks&Rec Laura Brown Guests: Please see sign in sheet. The meeting was called to order at 7:10pm. Public Hearing: None Presentation: 1. Jason Minalga from Civil& Engineering Consultants regarding Brownfield's: Mr. Graff brought the Committee up to date with the situation at hand first. Mr. Graff stated to the Committee that in there packets they have the letter that states that the other Brownfield applicant,that the City has contracts with, has withdrawn from their contract. Mr. Graff pointed out that both Jason Mihalga and Mike Monteith worked for Envirogen when the presentation was given by them and are now with CEC. He went on to state that the gentlemen contacted the City in August to let them know that they had moved on to the new Company if they needed help with Brownfield. Mr. Graff at that time explained to them that the Council had already agreed with Envirogen and were moving forward with that contract per a legal review from Dan Kramer and also final approval from City Council. Envirogen withdrew there contract for a couple reasons. The first was that Envirogen was had the understanding that as part of the grant application process they would be getting the management work and manage the grant after it was awarder. Mr. Graff stated that it was very clear, as 1 Page 2 of 17 Mr. Kramer had pointed out as well,that there was an exhibit in their agreement that said 'all guaranteed work was still going to be dependent upon on the City Council after the grant application,there was no guarantee that they would get Phase I engineering work or managing the grant. He went on to state that during this process Envirogen merged with another Company called Shaw. In the prospective of everything going on, Shaw had a different philosophy. When Mr. Graff met with the Shaw representative it was unequivocally pointed out that the contract that was approved by City Council had that language in there and they then got back to him within a couple days and the letter was received stating that they were withdrawing there services for the Brownfield grant application. When that happened Mr. Graff contacted CEC stating that the opportunity had arose that if they were interested they could come in and provide a proposal, which they did. That information is in the Committee's packet here and Mr. Kramer is currently looking over the scope of service agreement. He stated that the one thing that is different with CEC than it was with Envirogen is that if the grant application is approved and the City does not elect to hire CEC to mapage and do Phase I,the City would then owe them$7,500.00 for doing the grant application preparation. Mr. Graff stated that he does know that Envirogen did tell him on numerous occasions that this grant application was becoming more complex than they anticipated because the City had more applicants that came forth once the City went public and they were meeting with numerous property owners, not just one or two. He stated that the City was up to five property owners last he knew with a possible sixth that just recently contacted the City too. Mr. Graff stated he has a feeling that they went into it with a bit of tunnel vision as far as them thinking that they were going to get other services. He did inform them that if they wanted to amend their contract that he could bring that forth to the Mayor and City Council, but they just elected to send the letter to withdraw. Now the City has this proposal up from CEC. Mr. Graff once again stated that the big difference is the$2500.00 increase in fee if CEC is not awarded the grant work. Mr. Graff stated that he did contact the City's environment consultant attorneys which is the Law Firm of Gardner, Carton&Douglas. John Watson who is here this evening,has worked with Mike Monteith and stated that they have the knowledge, skills and ability to do the Brownfield application and they have the professional backing to do the work. Mr. Graff stated that they are currently contacting the references given by CEC to confirm their ability. In talking to the TEPA,they are recognized in that area as being able to do the grant. At this time Jason Mihalga took the floor to speak to the Committee. He began by stating that they appreciate the opportunity to be working with the City with all that has transpired since working with the City when working for Envirogen. He then stated that if they do the grant application that they still would like the work of management and Phase I as well as the work after that point. They know that 2 Page 3 of 17 the work is not guaranteed and will be up to them to earn the City's business. They do want to be reimbursed for there time involved if the City elects to send the management and Phase I work elsewhere. If they do get the grant that portion that is in the proposal shows that the City of Yorkville,which comes with them earning the City's business. He's hoping to make this a win-win situation for the City and bringing down some barriers to making these projects hopefully a go. As far as budgets the way they are with people a little adverse to spending money and it just not being there. Mice Monteith approached the Committee at this time stating that he just wanted to elaborate on the fact that when they came before the City when working with their previous employer, Envirogen,they felt that it was the best for their clients and them that they bad developed relationships established over the past several years. This gives them more ability to do more with the Clients and gives the Clients more value from the services they provide. He went on to state that they have been very much involved with the different types of projects that they have completed in the past with the various municipalities. So much so,that these municipalities ask for help in finding ideas to help stream line the process, make it more cost effective and to successfully bring these to closure. Their previous experience does show that they have received comprehensive no further remediation letters for these municipalities. They have successfully closed out grants, secured 10 grants and managed 14 with the previous Company and are bringing that experience with them to CEC. The men stressed that this will help the City all the way around as far as improvement and they would like to be a part of that. They are working on three grants with the Village of Rossville,Village of Rosemont, and the City of Princeton. They also have several others that are in the transition period where they are waiting for signed contracts. Looking at that $7500.00 fee,they look at this as they will earn the City's business and trust so that fee will not be a factor later on. The Committee was asked by Mayor Prochaska if anyone had any questions at this time. Alderman Sticka asked how big of a grant do they think the City of Yorkville will want to achieve. They responded that they like to approach this in phases. That is due to that they like to go after something than what the grant might be worth. They went on to state that the Illinois grant program encourages that because it makes more dollars available to other municipalities, making it cost effective. If a City has a time sensitive project,they would like to get a lot my information up front to get the best idea of what kind of work has to be done to get the City those grant dollars. The maximum amount of the grant is $240,000.00, but they won't write a grant for or have a grant written for$240,000.00 automatically if its not justified. They want to start the City out with a grant amount based on reviewing each property. Then take it where you can amend the grant to go after additional dollars. This is a cost effective approach and helps the City see up front how much money is going in towards those projects,how much in kind the City will 3 Adm Page 4 of 17 need to come up with for their 30%match, which needs to be taken into account. Alderman Stick then stated that this is what he is wondering about,how much the City will have to come up with to match the grant. Basically the City is the one applying for the money for the actual property owners,the City will then determine who gets what amount for the work needed and the City will have to collect from the property owners the money to match the amount of the grant at 30%. The 30%does not have to be monetary; it can also be in time(Staff's time, equipment, fencing, etc). The rest can come through the private owners if needed. Mr. Graff they have high interest to get the remediation done in the next 12-18 months so they can sell the property. The property owners did seem interested to contribute their fare share. Mr. Graff went on to say that they were at a point where they were up to $190,000.00 of the grant money and all three property owners were looking to put in the 30%share because they were getting financial assistance. Mayor Prochaska asked what type of time schedule they were looking at based on what the City has so far. They replied that there is 4-6 weeks in the scope of services time line. This will be gathering information, get information to a point to develop a draft form or even the actual application. Mr. Graff stated IEPA was already scheduled to come out,and with all the changes that came about they were cancelled and when the City is locked into a new consultant they have agreed to reschedule coming out to the City to tour two of the Properties to gather information. This time line does seem very doable. Mr. Mihalga added that it basically takes 8-10 weeks for the whole project. This time frame is expedited for dealing with the State of Illinois too. Usually with the relationships they all have with the workers in those offices,they usually can get things moved through at a faster pace if is a time sensitive situation. Mr. Graff added that the property owners are looking for some sort of resolution by springtime. Some things are contingent upon City Council's approval and also private owners giving access to the sites for gathering information. Alderwoman Spears questioned why there was a$2500.00 increase in the charge if the City were to choose another Consultant to do work after the grant was awarded. Mr. Mihalga responded that the time involved is worth the money and the Company they were previously with was not comfortable with not knowing if they would continue working with the City. It was pointed out again that this fee will not be paid by the City if they do continue working with CEC anyways. The Committee agreed to put this onto the next City Council meeting under the Mayors Report for a full vote. Mayor Prochaska added that he hesitates for the City to make this item to take too Iong in keeping the grant process moving for the sake of the property owners. The Committee also agreed that they were comfortable with the representatives when they were with the previous company and are here now representing CEC in doing the work for the City. 4 Page 5 of 17 Mr. Kramer stated that he had looked over the proposal already. He stated that the scope of work,the service arrangement,the ownership of the materials afterwards is a lot cleaner then it was with the previous company and he likes seeing that. He did state that they need to discuss Article 19. He stated that it is a nice dispute resolution but they need to have it as Kendall County. That change will be made. Mr. Graff stated that two things have happened here. Once a grant is awarded, they will need to do a public notice that it has been awarded to let any property owners that are interested the City can than amend it as necessary. This will continue the public relation end of it as far as letting all be aware of the situation. The City does want as many involved as possible. Mr. Mihalga added that they do help in finding other property owners who are interested as well as making sure they are qualified. Economic Development Committee: The Committee moved onto EDC due to the numerous amounts of individuals here to speak on these issues. 1. Building Permit Report for September 2003: The Mayor stated that the City is up in the amount from the previous year at this time. Mr. Graff stated that September this year they had 21 for Single Family, 6 Multi-Family, 4 Commercial, and 55 Miscellaneous totaling $21,034,065.00 in construction costs. These will move on to City Council as Consent Agenda. 2. PC 2003-13 Runge Property: IRED Development Ventures,Inc. request to Annex and Rezone—Plan Comm 11/12/03: Mr.Graff started the discussion stating that the Planning Comm voted to annex the property and the preliminary plan is under review and is not in engineering. The land is located at Route 47& Baseline Road with a total of 150 acres. Gary Weber with GRWA Wheaton who is the land planner representing Inland and Mid America spoke regarding the issue. The land is currently zoned A-1 in Kendall County and they would like to annex and rezone the property for B-3 for Commercial with 19.2 acres at the corner, R-3 Town homes, R-2 Single-Family with minimum lot size of 12,000 sq ft. The property has the ComEd right of way to the South. They have had 2 meetings with the park board, so the plan has changed. They are proposing a 5.35 acre park site at the S.W. corner. The idea being there that it could be expanded in the future Wand when the property to the west would develop. That park will connect with a bike trail that follows the ComEd line and would hook up to a regional bike trail that will go along the Rob Roy Creek Corridor. They will include a trail-head just south of the Commercial Area to give potential for shared parking for use. For the Commercial area they are proposing to have full access on Route 47 central to the site and two more full access points along Baseline Road. 5 Page 6 of 17 The town home area is looking at having 30.4 acres of town homes, with 153 units which makes 5 units per acre with an access point off of Baseline Road that will connect to the Single Family section down to the South. In this development some of the units will be on a parking court. This will give better roadways. They are also proposing that some where along the interface with the Commercial property they would have a 30 foot access easement to make some sort of connection. The Single Family site will have 2 access points along Baseline Road. They have requested 3 variations from the subdivision ordinance. They are requesting a 60 foot right of way,the City requires a 66 feet. They are requesting a 28 foot back to back on the road way and the City requires 30 feet back to back. They are also requesting some of the Town home units be private courts with out complete public right of way frontage. They feel these standards work very well. They are here tonight to work with staff to figure out all the details. The variances requested were submitted with the packages. The parks do not reach the parks land cash requirement, so there will be a cash contribution made for that issue. The total units looking at here are 342 units, with 153 Multi-family and 189 Single-family. Mayor Prochaska stated that at this point the City is looking at Annexation and zoning part of the proposal. The question here then is do they want this annexed to the City. The Mayor's recommendation is for this to be annexed to the City. As far as the zoning, is the question of the three breaks in the zoning? Mayor Prochaska asked then why the request in variances when looking for straight zoning. Mayor Prochaska does not recommend the zoning approval with the variances. The Committee discussed some of the specifics of the plan at this point to reiterate what Mr. Weber had already discussed. Mr. Graff pointed out that Mike Shoppe felt that the Town homes did seem acceptable to be placed next to Commercial. He also felt that the green along Rob Roy corridor and the ComEd line were acceptable as well. He also stated that it will be the normal 50/50 or 60/40 for the land cash with the parks. Mr. Graff stated that the staff with Mid America Development is recommending a full road connector access to the Town homes. Mr. Graff pointed out that many residential homes next to Commercial have a lower value due to high service going on in the rear of the stores,that's why town homes would be better backing the Commercial. They are starting the traffic study, so they can look at this issue when finished. Alderman Sticka pointed out that Baseline Road is currently a County Road, shared by both Kendall and Kane Road. Mr. Kramer explained that 6 Page 7 of 17 County Roads stay as the Counties after annexation unless there is an intra- governmental with the County to transfer jurisdiction. The Developer will then have to work with both Counties on the traffic situation. Mr. Kramer stated that there is a draft agreement from Dan Bauer with Inland sent to the City and the City has received comments from John Whitehouse from E.E.I. and an entire package is being made up to give to the Committee. He went on to state that they are at almost a final agreement for annexation and zoning with the Developer. The City still needs to do public hearing and City Council. Alderman Kot brought up the point that this development does not match the Council's comprehensive plan for development. Mayor Prochaska explained that the plan was made for density restrictions mainly; it does not necessarily restrict certain living structures. The density they are asking for of 2.28 is .03 over the 2.25 that was put in the City's plan. The next steps this will go through are as follows: • Come back to Cow with a draft of an annexation agreement with staff comments incorporated. • That will then go on for a public hearing at the second City Council in January. (Public Hearing with the County's looking over first.) • Receive public comments • Create Final Draft where City Council has public hearing again in February. 3. PC 2003-16 Gary and Lelalu Maxwell request to Annex and Rezone—Plan Comm 11/12/03: Mayor Prochaska started the discussion stating that the Plan Comm also received a positive recommendation from there Committee with a vote of 9-yes, 1-absent. This is known also as the Kendall General Store on Route 71. Mr. Kramer stated they have a b-3 annexation agreement similar to the ones done up and down all the main highways. He stated that so far they have not asked for anything special to be included. Mr. Graff stated they even withdrew the 6 month temporary mobile home request. Mr.Kramer asked the Committee members to look over the paperwork and let him know if there is anything that needs to be changed. If no changes are necessary,he can get the ordinances and everything else set to go. They are looking to have the public hearing on the 23`' of December. Mr. Graff will double check that date. The Committee agreed to put this back on the agenda for the 16th of December for the comments of the CounciL 4. Kylyn's Ridge Phase 2 Final Plat—Plan Comm 11/12/03: Mayor Prochaska informed the Committee this passed unanimously at Plan Comm. Dirk Gunderson with AMG Homes Inc. stated that they did get approval from Mike Shoppe by phone for the landscaping along the Road. He also stated that as far as he was aware all of the Committee's concerns had been met. Mr. Graff stated that 7 Page 8 of 17 the landscaping was the only issue left to resolve and now is approved by Mike Shoppe. This will go onto Consent Agenda for Final Plat next week. 5. Raintree Village Units 2 & 3 Final Nat—Plan Comm 11/12/03: Mayor Prochaska stated this also passed unanimously subject to staff comments. Mr. Graff went onto explain that there were some staff comments and that Rich Guerard with Wyndham Deerpoint was here to explain. Mr. Guerard stated that John Whitehouse and Mike Shoppe were both present and they both submitted letters saying that the final engineering was in substantially performance with the preliminary plans. They had some recommendations, all of which have been accepted. Alderman Kot questioned if they were including the historical names. Mr. Graff stated he would see if that had been reviewed. Mr. Guerard stated they would have no objection to using as many historical names as the City required. With the historical names being put into the plan,this will go onto consent agenda on the next City Council agenda. 6. PC 2003-24 Silver Fox Concept Plan—Plan Comm 11/12/03: Mayor Prochaska stated that there was discussion on the land use,the density concerns and parks being allowed with regional park across the street possibly and access onto Pocket Road. At this point it is at the concept stage only. Attorney Gregg Ingemunson representing Midwest Development approached the Committee to speak about the above development. He stated they are proposing 187 unit residential developments on Fox Road out near Highpoint Road which will be contiguous once the Boy Scout Camp comes in and they can then have annexation. This will set the density at 1.8 units per acre and there are some concerns about coming down to 1.5 units per acre. They feel that the other developments in that area are at the same level as they are proposing. He then stated that there has also been some questions regarding the parks and they are open to suggestions on park resolutions. He stated when they met with the Park Board it had been suggested for the Developers to do a 4 acre piece on the outskirts that would connect later with future development. The average lot size would be at 14,500 sq ft. He then opened the floor for questions. Alderman Kot stated that he feels density is the big issue. He pointed out that the City's Plan designates that area for 1.5 units per acre. He doesn't want to see these developments to go away from the plan. He stated that in this situation there aren't any infrastructure issues that come into play as far as he can see, so he'd like to see it come in with the proper density. Mr.Ingemunson stated that their issue there is the numbers working out if they change density. With nothing else out there,they would be bringing in the water and sewer,which will not work out financially for them. The property owners around them aren't looking too 8 Page 9 of 17 interested in going in with them on the cost of bringing in sewer and water to the area either. Mr. Graff stated that in the area they are planning the new waste water collection system. The interceptor that was put into the river's edge was made large enough to continue with the interceptor along Fox Road and ultimately connect either through Fox Lawn to feed down to Route 71 or go west of Fox Lawn to feed down to Route 71 to catch the Route 71 corridor. Mayor Prochaska stated that if they got involved there would be some dollars to help pull together that interceptor. Mr. Graff went on to explain the benefits that would come out of this sewer being taken so far out. He also stated that he would like to see the development get closer to the 1.5 density,but an alternative could be going to free type housing where it uses well and septic if they wanted too. Mayor Prochaska brought up the issue that when Inland did their piece the County was having a problem going to septic with acre lots and he couldn't see this going that route either. The Committee discussed the possibilities further as far as using the municipal services as far as the pros and cons. Mayor Prochaska went on to state that the Plan Comm. had discussed the issue of having some access to the property at their meeting. The ideas that they came up with were around lot 26 &25 would be left open until down the road when future development were to come in to decide the connector route and build from there and would be left open for emergency access. Mr. Graff pointed out that they had some swales out in the area. Mr. Bruce Sperling with Midwest Development stated that was the green area on the map they are showing. The parks don't mind the open space, but the developer will not be getting credit for park space where those swales are. Mr. Graff brought up that if there are some natural resource issues, in the comp plan, it has been discussed the idea of giving a 10%density credit for that. Mayor Prochaska stated in what quality the natural resource is and would have to carefully be looked into as far as the wording goes. Mayor Prochaska summed up the conversation stating that as far as concept they need to go back with the feed back they are receiving. As far as the access route that would be a great idea. He also suggested for them to go back and continue talking with the surrounding land owners to see what is going on. They will look over everything and go from there. 7. PC 2003-25 Corner Stone Concept Plan—Plan Comm. 11/12/03: Gregg Ingemunson with Midwest spoke regarding this issue as well. He stated that this is located near the Greenbriar Subdivision where Greenbriar Road and Route 47 intersect better known as Hopkins Corner. They are Iooking to expand the Commercial area approximately 4 acres and cutting down the density in the 9 Page 10 of 17 residential. Previously it was proposed to be 72 units and now they will have 41 units. They are asking for the expansion of the commercial area to be able to attract a larger size development to come into that area. If the lot is too small it would lesson the choices of who could build their store there. The feedback from the Park Board was that they wanted to be able to connect a path throughout the development proposed. The buffer between the single family homes and the commercial is proposed to be at 30ft. The average lot size for this is 12,677 sq ft. with the smallest at 10,400 sq ft. Alderman Sticka questioned if the lots that had the smallest sq ft lot size, would back up to a greenway or open space. Mr. Ingemunson went through the plan to point out which of the small lots was backing up to open space or the buffer zone. Mayor Prochaska pointed out that the Council had already voted to accepting that some developments could have lots as small as 10,000 sq feet without backing up to green space. He then suggested that the town homes be backing the Commercial and the Single family being placed away from the Commercial. Pete Huinker stated that they would like to keep the Single Family located there from a dollar standpoint. Mayor Prochaska suggested that they could even build longer buildings and not so deep to keep the buffer bigger for the folks moving in. With taking out one of the lots suggested this idea would be possible. Mr. Graff questioned if IDOT had a discussion with the developers yet regarding the access point yet. They replied that they had not spoken with IDOT yet because they were assuming it would be a right in/right out set up there. Mr. Graff also questioned if the road did line up with Prairie Gardens and they replied that it did. Mr. Kramer stated that as far as procedure they are going to have to go through public hearing and plan commission for the rezoning some of the area from residential to business. If they amend the PUD agreement they will have to have a public hearing at the City Council. The PUD and the Annexation are all approved. The one thing that is currently missing is the annexation plat. Gregg Ingemunson replied that they changed the acreage on the commercial area. Mr. Kramer asked for that to get the boundary survey to record. Mayor Prochaska stated when that is done they can put in a request for rezoning and the amendment to PUD. The Plan Commission has to hear the rezoning part and the City Council hears the amendment to the PUD. Mayor Prochaska asked for that to be scheduled to be done. 8. Progress Holdings PUD Agreement: Mr. Kramer stated that they passed out a very rough,vanilla agreement and Kelly had also sent over a memo on 11/11/03 of the bullet points of items that Wade Joyner had requested to be included in the 10 Page 11 of 17 agreement. They are waiting for staff to look over and then can sit down with Wade Joyner to discuss. Wade Joyner stated to the Committee that a number of the bullet points that he has in there are simply cannibalized from the agreement. He did not incorporate the entire document because he felt that would not be necessary. He stated that the one thing not included which was discussed with City Council is a covenant regarding the building being masonry or the architectural guidelines,but that is on the check list. The landscaping plan they got comments back from Mike Shoppe and they have incorporated all the comments in the plan and have dropped off a revised copy with those in there. They did pull out a number of the bushes and added more perennials as requested. The perennials will also be placed in the right in/right out as suggested. He went on to discuss the redoing of the one intersection and had received comments back from IDOT saying that the right in/right outs are fine, but they suggested they might need an additional 17 ft of right away from where it is currently is. They are still reviewing the current plans. He is requesting to keep moving forward with the PUD plans as presented versus dealing with the sort of nebulous concept and as they went to final plat they could push IDOT into making a decision on the 17 ft issue. He doesn't feel that by moving the PUT)through as presented and later having to do the 17ft,that is going to alter the over all bulk requirements of each lot. One of the bullet points that he did incorporate is from the Tucker Agreement which simply says that if the bulk standards are still met that they can still change the lot sizes which gives them flexibility. He moved on to speak about the cross access into Tucker's property. He has set up a meeting with Tucker and Jewel. They all feel it is better to not make the public go out onto the main road to enter the land. They will try to make an access off the Jewel lot. Mayor Prochaska suggested that the Bank be at the front corner and not have the drive-thru at the main corner. That way those cars will not be directly visible off the main corner of town. Mr. Kramer stated that he would like to let the parties meet before getting to far into discussion on the specifics. They will next need to get the preliminary plat approved by the City so that IDOT will move forward on there decision. This will come back to a future COW. The Committee moved back up the agenda to follow through the rest of agenda items in order. Mayor: 1. Coffee with the Mayor: December 6th at Menard's from 9:00 -11:00am: Mayor Prochaska informed the Committee when the next coffee with the Mayor was scheduled. 11 Page 12 of 17 2. Readdress having YBSD Bill Directly: Mayor Prochaska stated this idea has been brought up by some of the Alderman to have YBSD to bill separately. He stated that according to the agreement the City has with them the City would have to a 90 day notice before the end of the year to push this forward. Alderman Sticka stated that the number one complaint he receives from the residents is the size of the water bill, which he feels is due to the sanitary bill size. With all the time spent dealing with directing the calls to the Sanitary District and he is told that the residents are frustrated due to the Sanitary District not answering the calls. He went on to Mate that soon Grande Reserve is going to come in and there is going to be two different Sanitary Districts. Some residents will get small sanitary district fees and other areas will get the higher fees which will all be billed out of Yorkville. Mr. Sticka feels this is going to cause a problem that they will be taking the time to explain over and over again. Mr. Sticka also stated that they had discussed going to monthly billing before in an effort to make the bills a smaller amount so each month the residents would not be faced with such a large bill and this in itself will cause a problem. The new problem will be the City having to do estimate bills and will double the work load. These are the reasons he feels this should be looked into more. Alderman Besco stated that he agrees with Alderman Sticka very strongly on this issue. Mayor Prochaska stated that he agrees with the fact that if the City has each of the sanitary districts bill there own out,this will reduce much of the calls. Mr. Kramer will draft a letter to inform the YBSD of the intents of the City since the Committee agreed to move this forward after discussion. 3. IDNR Grant of$100,000 for West Hydraulic Riverfront Greenway: Mayor Prochaska stated to the Committee that the COLT Grant for the land acquisition for the West Hydraulic Greenway that was previously frozen by the Governor's Office has been released. They have received the grant agreement and required forms that must be signed and returned to the IDNR office as soon as possible. He stated that the Council needs to pass a motion to allow the Mayor to sign the agreement. Laura Brown explained that she has already spoken to Mr. Kramer and all looks good to go forward to fax this in and then the City can contact Corland to begin the process. The Committee had no problems in doing this so this will go on consent agenda for the next City Council meeting. 4. City/School District Intergovernmental Agreement—Update: Mayor Prochaska stated that the City did have their first ADHOC Meeting and they had some discussion on this. Everyone did get a copy and understanding of what the Intergovernmental Agreement is currently too. They are meeting again this week 12 Page 13 of 17 to discuss this further and they will also discuss the issue of sharing properties. They are looking to update the agreement by March 2004. Mayor Prochaska stated that they will keep the Committee informed of any updates. Park Board: 1. Gilbert Park Meeting Report: Laura Brown started by passing out the copy of the minutes for the Committee to look over. She stated that the town meetings have been very successful as far as getting input,both positive and negative. At this meeting they had 8 different families with 1 written correspondence she received. Everyone who came out felt there was no need for an active park. They saw a value in having a passive park or what they called a Senior Park. This would have no active playground,just provide a place to sit and enjoy. After the meeting they have had several people call us and say that they do want a playground and they had not attended because they thought everyone would want it. The Park Board agreed at this point to move forward with the recommendation to acquire the property and later they can come back with an alternate plan to take to another town meeting to determine what the actual use should be then. They all felt the mission of preserving that property was still the ultimate goal with no additional open space in the area for the residents. Alderman Kot stated first that he felt Laura Brown did a great job handling the town meetings and answering questions. He went over some of the questions the residents brought up. He went on to state that a handful of people at the last meeting, but he feels it is very important they get as many out as possible to avoid not having everyone's feelings be told. Alderman Sticka brought up the point that residents even questioned the streets in the area being repaired at this meeting. The Committee went over some of the suggestions the residents had regarding the property, but all the Committee members felt that Laura Brown was correct with having the City acquire the property then go back and determine the plans at that time. Mayor Prochaska recommended that this go forward to City Council and he stated this will need a 2/3 vote to go through. This will go under the Mayor Report. Mr. Kramer stated that the title has been brought down and it is nice and clean. There would be a partial release of the owner's mortgage to convey this to the City and that has been arranged. The City has already had it surveyed and staked as well. He stated that this could go to the next City Council meeting. The Committee agreed for this to go forward with the City acquiring the property. 13 Page 14 of 17 Public Works Committee: 1. Well#7 and Treatment Facility—Results of Bid Opening: Alderman Besco stated they had a letter from EEI recommending that the City go with Poulos Construction Company in the amount of$1,655,000.00. EEI felt that even though they have not done work to this magnitude, all the references and responses have been good. Mr. Graff stated that they also had contact with other Public Entities as far as who this Company has done work with. Poulos Construction has done work with Argon which is a Federal Contract and got positive comments with that situation. He also stated that the awarding of the contract took longer here due to the Staff and EEI doing the investigative research to make sure the low bidder here had the good references and job background. Mayor Prochaska asked that this job be looked over carefully due to it being a new contractor they are working with and that the job needs to be done in a timely manner. This will go onto City Council as consent agenda. The Committee also discussed the idea of putting a policy together to keep contractors doing there work in a timely manner. This will have to be put together by the Public Works Committee and should have penalties and rewards for the contractors for if they take too long or get the job done faster than expected. 2.. Fox Mill Landing Utility Easements and Final Acceptance—PW 11/24/04 (CA): Alderman Besco stated that this was presented by Joe Wywrot at the meeting and recommended by the Committee to go forward. This will go forward to City Council as consent agenda subject to Mayor Prochaska's question of why it does not go through the 3 property. 3. Dickson Court Roadway Improvements Change Order—PW 11/24/03 (CA): Alderman Besco stated that this is a decrease in the amount of$1,806.68 due to the aggregate base not costing what it was planned on costing. This will go on to City Council as consent agenda. 4. Raintree Village Unit 1 Bond Reduction—PW 11/24/03 (CA): Alderman Besco stated that this was a$689,483.17 reduction and Mr. Wywrot found a$.01 difference do to rounding in their spreadsheet. This will go on to City Council as consent agenda. 14 Page 15of17 5. Savitski Property: a. Letter of Credit—PW 11/24/03&b. Revised Sidewalk Agreement: Mr. Kramer stated that he has reviewed the information that Mr. Wywrot sent over. Their letter of credit was running out. They have submitted a new letter of credit and a revised agreement to go with it, which Mr. Kramer feels is in proper format. Mayor Prochaska asked if there was any issue with the revised agreement. Mr. Kramer stated that there is only if they want the sidewalk earlier than what they proposed. He stated they did a three part trigger that it would be when there is development adjoined or it could be done in 180 days with notice by the City if they request it all done. Mr. Kramer stated it mirrors the original it just extends the time and keeps the letter of credit from running out. Mr. Kramer stated the City should do a motion on the consent agenda which would authorize execution and recording of that extension. This will go on to City Council as consent agenda. 6. Supplement for Yorkville Transportation Study: Alderman Besco stated that he thought was to return to Public Works, not to come here. Mr. Graff stated it is here for clarification purposes. Mr. Graff stated that at the meeting the PW Committee was looking for a request to amend the original transportation scope of services. Smith Engineering did not receive notice to proceed on that amendment and proceeded at their own risk. He did talk to Jim Homby and confirmed that there was no notice to proceed. He is bringing this up to City Council now to still request payment for them with the work being completed. Mayor Prochaska has requested them to do a presentation at the next COW meeting. The Committee discussed this issue and decided they will look at the budget to see when they will get paid. This will go to Public Works from here to find the money. All felt they should receive payment as soon as possible. Public Safety Committee: 1. October 2003 Police Reports: Alderman Kot stated that there was no meeting in November so it was asked for these to continue on forward. If anyone had questions they were asked to direct those to Chief Martin. Mayor Prochaska stated he liked the new format of the Report. The Committee moved to send these on to City Council as consent agenda. Administration Committee: 1. Public Hearing Process—Admin 11/13/03: Alderwoman Spears stated this came to them because the Committee felt that the City had no real process set-up. The process itself was fine,just how the public hearing came about was the question. Mayor Prochaska stated that when developers come in the City does give them a schedule of how things go and when public hearings will happen. He stated that when meetings don't hit correctly the process gets changed. He stated 15 Page 16 of 17 that he wanted the Committee to know that as far as developers go,this process will remain as the schedule is printed out. Otherwise,the Committee will go on consensus for other issues to be moved on to public hearing. 2. Chamber of Commerce—New Membership—Admin 11/13/03: Alderwoman Spears stated that this unanimously went through the Committee to approve the Premier level membership. This will be an annual cost of$2500.00. The Committee felt that the City is supporting the Chamber who has really been beneficial to the entire community. Mayor Prochaska explained that the Chamber has decided on using a tiered membership program and are asking the City to come in at the top tier. He feels that this is something that should go through for what the Chamber does. This will go on for a vote at City Council as consent agenda. Additional Business: • Alderman Kot stated that it was touched on earlier regarding the construction going on downtown. He stated that there was a situation this last weekend where the construction workers had actually blocked people in from getting out of their parking spots. He has been informed that the situation was not handled in a respectful manner. He feels that is not acceptable to happen in this City. Mr. Graff stated that the incident has been documented and have talked to the contractor. The Contractor apologized and has corrected the issue. • Alderwoman Burd questioned how the City will handle the Communication Towers people have place on their property as the City continues expanding. Mr. Kramer stated that they will have to become a non conforming use of annexation. He stated that this becomes part of acceptance when annexing more land. • Alderman Sticka stated that he read in the paper that a development was looking to post a 25 mph subdivision speed limit, and previously he thought the City was told they could not do this. Mr. Kramer explained that it could be posted, but not mandated by Illinois law. • Mayor Prochaska informed the Committee that Bob Williams' great-grandson passed away Friday, shortly after birth. He is sending out condolences to him and the entire family going through this trying time. • Mayor Prochaska stated that he received 1 letter of resignation from the Plan Commission for time commitment and one verbal resignation for time commitment. This brings the Plan Commission down to 10 member board. The Committee is looking to bring down to a 9 member board. They need 7 members for quorum. He asked what the City can do over the next two weeks to get this down to 9 members. Mr. Kramer stated that they need an amendment to the number of members needed,which he can draft. He also stated that you are always an ex-officio member of the Committees you were a part of. In that case the City could choose 1 or 2 as ex-officio members which will restrict them from voting but able to approach the voting members. They will count towards the quorum. This draft will come to the next COW meeting to be approved. The 16 Page 17 of 17 Committee is basically wanting to eventually make this a 9 member commission and don't want to put pressure on the next up for renewal. • Mayor Prochaska informed the Committee that Jim Jensen has informed of his resignation from the Fire and Police Commission. He is looking to do more schooling for the Masters Program. He told Mayor Prochaska that he will stay on until a replacement is found. • Bill Powell handed out some information explaining how the tax are collected and used. Thought it would be good information for the Council Members to have. • Bill Powell also stated that they have finished two filings with the Illinois Department of Insurance for the Police Pension Fund. As a result they have found the Fund is under balance in the neighborhood of$2.3million and will be refunded back over a period of 40 years. They knew this would happen as a result moving to Police Pension Fund from an IMRF Pension Fund. The IMRF contributions were in the neighborhood of 4 & 1/2%and the Police Pension contributions are at 9.91%. The City has to decide if they should pay now or over time. The Committee was aware of this happening when the switch was decided. The meeting was adjourned at 9:45pm. Minute taker Gail Denton Minutes transcribed by Sheila Teausaw 17 UNITED CITY OF YORKVILLE I ' AFT JOINT CITY COUNCIL AND PLAN COMMISSION " " 9i 1 YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY, SEPTEMBER 15,2004 The meeting was called to order at 7 p.m. ROLL CALL Aldermen present: Richard Sticka, Valerie Burd, Paul James, Larry Kot, Rose Spears and Joe Besco. Aldermen absent: Marty Munz and Wanda Ohare. Plan Commissioners present: Michael Crouch, Clarence Holdiman, Sandra Adams, Tom Lindblom, Anne Lucietto and Brian Schillinger. Commissioners absent: Jack Jones and Bill Davis. City staff present: Mayor Art Prochaska, City Administrator Tony Graff, City Planner Mike Schoppe and Kelly Kramer from the city attorney's office. A quorum was established. VISITORS See attached. Comprehensive Land Use Plan Update-- Southern Study Area City Planner Mike Schoppe said the updated comprehensive plan presented reflects the goals and objectives aldermen and plan commissioners identified at the previous meeting in June. The southern study area encompasses 33,000 acres from the Fox River south to one mile south of Caton Farm Road, east to Grove Road and west to Helmar Road. The purpose of the meeting, he said, is to exchange information and finalize the plan. The next step will be to hold a public hearing at the Plan Commission. Then the City Council will vote. There are three sections to review, Schoppe said. 1. Goals and objectives. 2. The land use plan. 3. Design guidelines. Mark Baker from SEC Planning Consultants said the goals and objectives are the foundation of the plan and outline the city's desire to maintain and preserve the rural or country feel of the city. The goals and objectives were organized into five categories: character and environment, residential, non-residential, transportation and open space. The first goal outlined in the plan is to maintain view corridors, Baker said. The city can do so by encouraging certain practices such as clustering density to create larger areas of open space, he said. The second goal is to ensure buffer areas are located along the main corridors, he added. The main corridors have the most dramatic impact on the city and the treatment of those corridors is critical, Baker said. The third goal is to develop a set of design guidelines. The guidelines would encourage quality development throughout the city, he said. Those guidelines could include anti- monotony standards, masonry requirements and coordinated site planning efforts. The fourth goal is to encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations, Baker said. Meaning,that the development should be sensitive to the environment, he said. The fifth goal is to ensure that future development is sensitive to the natural topography, views, drainage patterns, existing vegetation and historic or agricultural structures, which serve as landmarks for the study area. Under this goal,the city would ensure all reasonable efforts have been made to preserve and incorporate existing trees into development plans. Also the city would encourage developments,which are sensitive to the natural forms of the land and try to maintain scenic vistas and natural drainage patterns, Baker said. Plan Commissioner Brian Schillinger said the plan stresses the preservation of landscapes and tree lines. He asked if the city could tell people whether they own one acre or 2,000 acres not to strip the soil off the land. Baker said the city could indeed make those stipulations. While this proposed update plan doesn't do it, it lays the groundwork for such regulations, he said. Mayor Art Prochaska said the city would take some of the suggestions in the updated plan and turn them into ordinances. Schillinger commented he doesn't like the word transitional used in the plan. He said it doesn't have to mean high density. Baker said the goals in the plan under residential are to encourage high quality residential development through a mix of larger estate homes and cluster development. That would establish a high level of aesthetic appeal while providing sufficient density for retail nodes. Also, he said one of the goals is to provide a variety of housing types throughout the city. However,he said he realizes these goals may bring about some debate. Clustering units is controversial, Baker added. But he added that from a planning perspective, it is good to have diverse products. Meanwhile, he said it also is important for new developments to be sensitive to existing developments. As for non-residential objective,the goals are to encourage the development of non- residential nodes, which would result in concentrated areas of retail and commercial uses. Basically,that means some retail developments could be located near residential areas rather than at the highways to create more of a walkable community, Baker said. That also would allow the city to get away from highway strip commercial areas. The second goal in the non-residential areas is to diversify land use so that future economic development opportunities can provide the city with a positive fiscal outlook. Under transportation objectives, Baker said one goal is to identify key future roadways and existing roadway expansions as candidates for an aesthetically enhanced parkway design which features center green medians,parkway trees and landscaping. Another goal states that the transportation plans should be coordinated with land use plans. Schoppe said he used the city's transportation plan, which was done a year ago in this study. Another goal under transportation is provide alternative methods of transportation such as hike and bike trails. Baker said linking greenways between neighborhoods makes for nicer areas. Under the objectives for open space, Baker said the goals in the plan seek to identify key scenic view corridors, which define the character of Yorkville; to promote respect, conservation, enhancement and protection of important natural features and landscapes; and to incorporate the city's park and open space system into natural areas of the city. The key point throughout the objectives is that there are some beautiful scenic vistas in the city that define the character of Yorkville, Baker said. Alderman Larry Kot stated that the possibility of a Beecher Road extension should be deleted from the plan because it is a dead issue as far as he's concerned. However, Mayor Prochaska said he doesn't want to take any roads out. He said the city has no control over where the state or county roads will be developed. He said he'd like the city to set up the road structure so that as the area grows the city makes sure there is an internal set of streets. He said he'd like options for people to get around town without congesting major roadways. Schillinger said he agrees. He said if the city doesn't designate possibilities for future road extensions, it wouldn't have any other recourse in the future. Under objective 3.2, Mayor Prochaska said he's like to add that the city will work with the county on the Eldamain Road project. Meanwhile, Spear suggested that the city could establish an ordinance stating that roads must be a certain distance from treelines. Plan Commissioner Anne Lucietto said that while the main focus of the discussion is on the south side of town, a lot of what the aldermen and plan commissioners are talking about is the whole community. Schoppe said that the city could amend the north plan if so desired to match something specific in the southern plan. In regards to aesthetics, Mayor Prochaska said the city is working on an appearance code, which would affect the entire city. Schoppe pointed out that it's very important that everything in the plan is related to the goals and objectives. Spears said she requested at the June meeting that 2-3 acre equestrian lots be established. Schoppe, however, said those would fall under the existing estate classification. As for 10-15 acre equestrian lots, Mayor Prochaska said they would likely fall under the county. Commenting on Goal 4, Lucietto said she thinks the language needs to be more definitive rather than using the terms encourage or explore. Plan Commission Chairman Tom Lindblom wondered if any of the goals or objectives should specify the Fox River. Schoppe said there are general references to it, but nothing specific. Alderwoman Valerie Burd said the Fox River is a very important asset to the community. One resident asked if the Beecher Road extension is a dead issue, could the extension be a bike trail. At this point, Mayor Prochaska said he doesn't know. However, he said if there is a river crossing, the roadway could have a bike trail along with it. As for designating roadways and extensions, Schillinger again said the roads need to be marked on the plan now. Schoppe, however, said the roadways are not in the scope of this assignment. But, he said he could revisit the transportation plan if necessary. Meanwhile, reverting back to discussions on residential development, Mayor Prochaska said that when preserving natural features and natural areas, the city also should look at adding infrastructure costs and future maintenance costs. Schoppe said that might fall under a landscape ordinance issue. Back to the transportation topic, Alderwoman Rose Spears suggested dual turn lanes and high medians on Routes 34 and 47. She also said the city could consider requiring frontage roads along Route 47. Mayor Prochaska said if not frontage roads then at least the city could require cross-access easements. Schoppe said if frontage roads were installed, then the homes along Route 47 could face the highway rather than have their backs to it. Burd suggested asking developers to put utilities underground rather than on poles to maintain the rural charm. Schoppe said that could be added under aesthetics. For the most part, Baker said the updated plan uses existing land classifications. However, he said a new classification was added called neighborhood retail. The new classification would allow for service-oriented businesses such as hair salons to be located near the neighborhoods. He said the businesses would still be located at interactions. However, residents wouldn't have to go to the major highways to get to them. In mapping the areas, Baker said they first did a driving tour of the southern zone. The light yellow areas on the map are best suited for estate lots and lower densities and are designated by a light yellow color. Closer to Route 47, Baker said the best uses would be suburban area designations with densities of 1.5 to 2.5 units per acre. The land there is flatter and more conducive to higher densities. Commercial nodes, meanwhile, have been marked for Highway 71 and the proposed Prairie Parkway area. That area would be ideal for office and commercial uses, Baker said. Other designations include transitional areas for densities of up to 3.5 units per acre and green belts, which mark natural corridors. While there are allowances in the plan for higher densities, Baker said to achieve those density levels developers would have to provide additional open space or meet other similar types of requirements. Requirements such as increased landscape buffers would be at the city's discretion. However, he said the city must base its requirements on certain criteria. Kot pointed out that other than certain designated retail areas, the plan is light on employment opportunities. He said he'd like to see a greater retail area near the proposed Prairie Parkway. Mayor Prochaska said it might also be prudent to look at additional retail or industrial areas near Caton Farm Road and Route 47 as well as Routes 71 and 126. As for the transitional areas, Kot said the higher densities don't need to surround the commercial and industrial uses. He said he's driven through other communities where single-family homes have been located near commercial areas and it seems to work. Schoppe said the plan doesn't say there needs to be multi-family housing near every commercial development. However, he said the plan does have to include some multi- family areas. Schillinger, however, said that for the past six months, the city has been approving higher densities on town homes and condominiums. Maybe that trend could be corrected in the south end, he said. He said with proper berming and tree lines, commercial areas could go right up to suburban areas. Mayor Prochaska, however, said that generally as commercial development happens, higher densities of housing units surround those developments. Alderman Richard Sticka said suburban and larger residential developments don't pay for themselves with property taxes, which is why higher density areas are needed. Plan Commissioner Michael Crouch said it's important to have a balance of uses and he wondered if multi-family housing units have to surround commercial areas. Spears wanted to know where senior housing would fit into the plan. Schoppe said it could theoretically go in any yellow area on the map or in the pink areas. He said that type of use doesn't fit in the estate areas. Mayor Prochaska said most senior housing developments are located near commercial areas. A few area residents voiced their comments on the plan. Barry Meyworn of Yorkville said he'd like to city to promote the creation of more local jobs. Mayor Prochaska said the city is encouraging businesses to come in both to provide places for employment and to help the tax base. Meanwhile resident Dana Jones said she'd like to see the city do something to make traveling through town easier. Resident David Stewart also said traffic is one of the city's greatest problems. On the topic of design guidelines, Baker said the guidelines were broken down into a series of 13 principles. The overall corridor planning principles begin with preserving the character of Yorkville. Baker said that relates directly to the original goals. Another principle is to promote connectivity between land uses and adjacent developments. That objective can be met by developing comprehensive master plans. The third principle is to provide transition between land uses. The site planning principles include goals to incorporate existing site conditions into development plans such as drainage patterns, vegetation and soils. Baker said that amount to basic good design practices. Also, the principles aim to provide a sense of architectural interest and unique identity throughout the city. Those principles focus on a variety of aspects including roof treatments, building materials and building heights. Baker said the sixth principle calls for creating and enhancing pedestrian walkways such as trails and parks. Other principles center on appropriate designs for parking lots and service areas; providing a unified landscape treatment throughout the city; enhancing the aesthetic appearance of developments; establishing unique gateway entry features; establishing a consistent family of lighting for all public and private spaces; and creating a cohesive signage program. Baker said the design standards aren't meant to take way the individual uniqueness of subdivisions. However,the styles need to be compatible, he said. Burd said she wants the city to stick with setbacks. She doesn't want the city to negotiate those away when working with developers. Alderman Sticka said he doesn't think putting specific numbers regarding the setbacks or any issue belongs in the comprehensive plan. However, it can be referred to in general terms, he said. Mayor Prochaska said the comprehensive plan is a guideline. The guideline can then be taken and the city can update ordinances based on the comprehensive plan to reflect what the city wants, he said. The next step for updating the plan, Schoppe said, is to schedule a public hearing in October or November. The meeting adjourned at 9:40 p.m. Minutes respectfully submitted by Dina Gipe VC: IN) 1 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1 021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397 JAMES R.THOMPSON CENTER, 1 00 WEST RANDOLPH, SUITE 1 1-300,CHICAGO, IL 60601, 312-814-6026 ROD R. BLAGOJEVICH, GOVERNOR RENEE CIPRIANO, DIRECTOR 217/782-3397 TDD 217/782-9143 Art Prochaska a 7002 3150 0000 "1106 7766 Mayor 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville Municipal Brownfields Redevelopment Grant Dear Mayor Prochaska: I am pleased to inform you that the United City of Yorkville's Municipal Brownfields Redevelopment Grant ("MBRG") application has been approved. The United City of Yorkville's grant application dated June 29, 2004, with addendums submitted October 7, 2004, designates a total brownfields redevelopment program cost of$88,996. The grant award of$57,906 is a maximum of no more than 70%of the costs for this project, all as defined in the grant agreement. Enclosed are two formal MBRG Agreements. A duly authorized municipal official must sign the two attached agreements. Please keep one of the originals for your files and return the other to the Bureau of Land, Attention: Mark T. Books. Receipt of a written refusal, or failure to return a properly executed MBRG Agreement within 30 days may subject the MBRG Agreement to cancellation consideration. Should you have any questions regarding the enclosed, please contact Mark T. Books with the Bureau of Land at 217/782-6194. Congratulations on your receipt of this grant award. We look forward to working with you during the course of this project. enee Cipria� Director RC:MTB Attachments ROCKFORD-4302 North Main Street,Rockford, IL 61103-(815)987-7760 • DES PLAINES-9511 W.Harrison St.,Des Plaines,IL 60016-(847)294-4000 ELGIN-595 South State,Elgin,IL 60123-(847)608-3131 • PEORIA-5415 N.University St.,Peoria,IL 61614-(309)693-5463 BUREAU OF LAND-PEORIA-7620 N.University St.,Peoria,IL 61614-(309)693-5462 • CHAMPAIGN-2125 South First Street,Champaign,IL 61 820-(217)278-5800 SPRINGFIELD-4500 S.Sixth Street Rd.,Springfield,IL 62706-(21 7)786-6892 • COLLINSVILLE-2009 Mall Street,Collinsville, IL 62234-(618)346-5120 MARION-2309 W.Main St.,Suite 116,Marion,IL 62959-(618)993-7200 PRINTED ON RECYCLED PAPER MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT AGREEMENT ILLINOIS ENVIRONMENTAL PROTECTION AGENCY THIS AGREEMENT is entered into this day of , 20_I, between the.United City of Yorkville (hereinafter referred to as the GRANTEE) and the Illinois Environmental Protection Agency(hereinafter referred to as the AGENCY). The following documents are incorporated herein by reference and made part of this Agreement: 1) grant application completed by GRANTEE, dated June 29, 2004 including budget forms and grant application amendments, and 2) grant award notification. I. Description of Grant 1. Award Type LXD Initial ( )Amendment 2. Grantee Municipality a. Municipality Name, Address, Telephone: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 b. Contact Person/Telephone: Tony Graff (630) 553-4350 c. FEIN No. 36-6006169 3. Project Cost a. Grant Amount $57,906 b. Local Share $31,090 c. Total Cost $88,996 4. Timeframe for Grant Project:2 a. Beginning Date: b. End Date: The Agency will date the formal agreement upon receipt from the grantee. This date will be the first day that activities related to the grant will be reimbursable. 2 The Agency will fill in the timeframes for the grant project upon receipt from the grantee. The grant period shall begin on the date that the Agency receives the signed agreement from the municipality—and shall extend for three (3)years after such date. 5. Grant Budget The complete grant budget is contained in the attached grant application. Budgeted costs include: Cost Category Project Cost Maximum Grant Amount- 70% Direct Labor Costs $54,500 $26,410 Equipment $2,315 $2,315 All Other Direct Costs $5,600 $5,600 Subcontractors $26,581 $23,581 Total Project Cost $88,996 $57,906 II. AGENCY Agreements The AGENCY hereby agrees to provide financial assistance to the GRANTEE, in accordance with the authority provided under Section 58.13 of the Illinois Environmental Protection Act, 415 ILCS 5/58.13, using funds appropriated for this purpose by the Illinois General Assembly, in a sum not exceeding the amount specified to be the grant amount in Section I.3.a of this Agreement, for the brownfields redevelopment project detailed in the attached grant application. Provided, however, that obligations of the State will cease immediately, without further payment being required, if in any fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise to make available sums sufficient to fund the grant that is the subject of this Agreement. This grant commitment is subject to all applicable State and Federal statutory and regulatory provisions, AGENCY rules governing brownfields redevelopment grants as contained in 35 Ill. Adm. Code 885, and the terms specified in the grant award notification, attached hereto and incorporated herein by reference. 1. Reimbursement The AGENCY agrees to reimburse the GRANTEE, in accordance with the AGENCY rules governing brownfields redevelopment grants as contained in 35 Illinois Administrative Code, Part 885. 2. Downward Renegotiations/Recoupment The AGENCY reserves the right to renegotiate the grant award downward or to recoup grant sums paid to the GRANTEE if the cost summary information set forth in the attached grant application and in Section I.5. of this Agreement is determined, as a result of audit or review, not to have been complete, current and accurate as of the date of execution of this Agreement. III. GRANTEE Agreements 1. GRANTEE Representative The GRANTEE names Tony Graff-City Administrator as its authorized representative, authorized to sign all documents necessary to implement and process the grant, including grant agreement documents and reimbursement request forms. 2. Review or Audit of GRANTEE Accounts The GRANTEE agrees to provide to the AGENCY any federal or state agency reviews or audits of GRANTEE accounts or records performed in connection with any federal or state grant or contract within the past twelve months. 3. Compliance with Laws and Regulations The GRANTEE agrees that it has not violated any law pertaining to fraud, bribery, graft, kickbacks, collusion, or conflict of interest or engaged in any other unlawful or corrupt practice in obtaining the grant and will not violate any such law or engage in any such practice in implementing the brownfields redevelopment project funded by the grant award that is the subject of this Agreement. 4. Project Implementation/Completion The GRANTEE has reviewed the regulatory provisions governing brownfields redevelopment grants, and agrees to comply with all applicable requirements. The GRANTEE agrees to comply with all applicable requirements set forth in 35 Ill. Adm. Code 885. The GRANTEE has or will obtain the engineering, managerial, legal, institutional and financial capability necessary to ensure completion of the project described in the grant application. 5. GRANTEE Share The GRANTEE agrees to provide the sum specified in Section 1.3.b. of this Agreement as the local share of the project cost, in the form of cash or certification of local in-kind commitment from the GRANTEE or other governmental agencies. 6. Use of Grant Funds The GRANTEE agrees to use grant funds awarded by the AGENCY solely for the purposes of the brownfields redevelopment project described in the attached grant application. 7. Commitments in Grant Application The GRANTEE agrees to abide by the representations and schedule set forth in the attached grant application, including the submittal of payment requests and progress reports. 8. Indemnification The GRANTEE agrees to assume the entire risk, responsibility and liability for any and all loss or damage to property owned by the GRANTEE, the AGENCY or third persons, any injury to or death of any persons (including employees of the GRANTEE) caused by, arising our of, or occurring in connection with the execution of any work, contract or subcontract arising out of this grant award, and to indemnify, save harmless and defend the State of Illinois and the AGENCY from all claims for any such loss, damage, injury or death, whether caused by the negligence of State of Illinois, the AGENCY, their agents or employees or otherwise consistent with the provisions of"An Act in relation to indemnity in certain contracts" 740 ILCS 35/1 et seq.. The GRANTEE further agrees to require that any contractor or subcontractor engaged by the GRANTEE agree in writing to look solely to the GRANTEE for performance of such contract or satisfaction of any and all claims arising there under. IV. Execution of Agreement THE PARTIES TO THIS AGREEMENT by their signatures acknowledges that they have read and understand this agreement and intend to be bound by its terms. GRANTEE MUNICIPALITY ILLINOIS E -IRONME 'ArPROTECTION AGENCY By: BY /��7Z, 11 / Attest: By: Date: CONDITIONS/CERTIFICATIONS SECTION 319(h) FINANCIAL ASSISTANCE AGREEMENTS ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1. Taxpayer Identification Number and Legal Status Disclosure Certification Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Organization: (.),A); `fi C; �.. 04' Yo.ki.'/ 1/ Taxpayer Identification Number: Social Security Number (SSN): Federal Employer Identification Number(FEIN): 36 (000 67/69 (If you are an individual, enter your name and SSN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (please check one): Individual Owner of Sole Proprietorship Partnership Nonresident Alien Individual Governmental Entity Estate or Legal Trust Tax-Exempt Hospital or Extended Care Facility Corporation NOT providing or billing medical and/or health care services Corporation providing or billing medical and/or health care services Foreign corporation, partnership, estate, or trust Other: This Agency is authorized to require this information un:e-=15ILCS 5/4(k). Disclosure of this information is required. Failure to do so may prevent this form from being processed and could result in your application being denied. This form has been approved by the Forms Management Center. Section 319(h) Conditions/Certifications January 2004 Page 2 of 13 Definition: The term "Recipient" as used herein refers to the individual or entity identified as the applicant in a Section 319(h) Financial Assistance Agreement Application Package submitted to the Illinois EPA for funding consideration. The term "Recipient" as used herein also refers to an individual or entity who has entered into a Financial Assistance Agreement with the Illinois EPA. 2. Capability The Recipient certifies that it: (i) Has authority/involvement to accomplish the planned scope of work in the Financial Assistance Agreement (Agreement) project area. (ii) Is capable of accomplishing the planned scope of work in a timely manner to meet scheduled deadlines during the Agreement period. (iii) Can obtain financial resources (eligible match), and has the necessay legal, financial, managerial, and institutional capability to perform the project activities throughout the Agreement period. 3. Recipient Share The Recipient certifies that the Recipient's share of the total project cost is supported solely with non-federal funding used exclusively for this project and is not being used to match any other federal grant. 4. Responsibility of the Recipient The Recipient certifies that it shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services furnished by the Recipient under this Agreement. The Recipient shall, without additional compensation, correct or revise any errors or deficiencies in its services. The Recipient certifies that it shall perform such services as may be necessary to accomplish the work required under this Agreement, in accordance with all the terms of this Agreement. 5. Findings Confidential The Recipient certifies that any reports, information, data, etc., given to, prepared, or assembled by the Recipient under this Agreement which the Illinois Environmental Protection Agency (Illinois EPA) requests to be kept confidential as required by the Illinois Environmental Protection Act (415 ILCS 5/7 and 415 ILCS 5/7.1) shall not be made available to any individual or organization by the Recipient without prior written approval of the Illinois EPA. Section 319(h) Conditions/Certifications January 2004 Page 3 of 13 6. Subcontracts No Consultant Services (subcontractors, outside associates, or consultants) may be utilized by the Recipient in connection with the services covered by this Agreement unless specifically authorized to do so, in writing, by the Illinois EPA. For the purposes of these conditions and certifications, the term "consultant services" is defined as those services provided under a financial assistance agreement to the State by an individual or group of individuals, acting as an independent contractor, qualified by education, experience, and technicai ability to advise and assist in solving specific management and programmatic problems involving the organization, planning, direction, control and operation of Illinois EPA. Any Recipient who enters into a financial assistance agreement for consultant services with a State agency shall state in the financial assistance agreement whether he will utilize the services of a subcontractor. The financial assistance agreement shall include the anticipated amount of money, which will be paid to the subcontractor. If Consultant Services are authorized by the Illinois EPA, the Recipient shall submit to the Illinois EPA a copy of each agreement which it enters into with subcontractors within seven (7) days of the date on which the Recipient enters into the agreement with the subcontractor. If at any time, a Recipient who had not intended to utilize the services of a subcontractor, decides to utilize the services of a subcontractor, the Recipient and the Illinois EPA shall file an amendment to the original Agreement with the Comptroller. The amendment shall state the names and addresses of all subcontractors and the anticipated amount of money which they will receive pursuant to the original Agreement. 7. Assignments The Recipient certifies that neither this Agreement nor any interest therein, or claimed thereunder, shall be assigned or transferred by the Recipient except as specifically authorized by the Illinois EPA. 8. Wage Provisions The Recipient certifies that it will pay prevailing wages in accordance with the federal Davis-Bacon wage provisions. 9. Equal Employment Opportunity The Recipient certifies that it will comply with the Illinois Human Rights Act, the Americans with Disabilities Act, the Rules and Regulations of the Illinois Department of Human Rights, Civil Rights Act of 1964, Department of Labor regulations (41 CFR Part 60), and any other laws, regulations or orders, state or federal, which prohibit discrimination on the grounds of race, sex, color, religion, national origin, or handicap. In the event of the Recipient's noncompliance with any provision of any such law, regulation or order, the Recipient may be declared non-responsible and therefore ineligible for future financial assistance agreements or subcontracts with the State of Section 319(h) Conditions;Certifications January 2004 Page 4 of 13 Illinois or any of its political subdivisions or municipal corporations, and the Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 10. Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms The Recipient certifies that it will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps as listed in paragraph (i)through (v) of this section. The Recipient will complete and submit to the Illinois EPA the form entitled "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Other Federal Financial Assistance", (Form 334), fifteen days after the end of each calendar quarter year. 11. More Favorable Terms Clause All financial assistance agreements that include the rental or lease of electronic data processing equipment shall include a clause that if more favorable terms are granted by the lessor, supplier, dealer, or manufacturer to any similar state or local governmental agency in any state in contemporaneous leases or rental agreements covering data processing equipment let under the same or similar financial terms and circumstances, the more favorable terms shall be applicable to all agreements or contracts made by any similar Illinois state agency for the rental or lease of comparable data processing equipment from the lessor, supplier, dealer or manufacturer. Section 319(h) Conditions/Certifications January 2004 Page 5 of 13 12. Architectural, Engineering, and Land Surveying Qualifications Based Selection Act The Recipient certifies that it will comply with the provisions of the Architectural, Engineering, and Land Survey Qualifications Based Selection Act. 13. Steel Products Procurement Act The Recipient certifies that it and all subcontractors shall only use steel products manufactured or produced in the United States for the construction, reconstruction, alteration, repair, improvement, or maintenance of products funded under this Agreement. The provisions of the Steel Products Procurement Act shall not apply: (I) Where the contract involves an expenditure of less than $500.00. (ii) Where the Director of the Illinois EPA certifies in writing that (a) the specified products are not manufactured or produced in the United States in sufficient quantities to meet the Agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the Agency's requirements, or (b) obtaining the specified products, manufactured or produced in the United States would increase the cost of the contract by more than ten (10) percent. (iii) When its application is not in the public interest. 14. Energy Efficiency The Recipient certifies that it will follow mandatory standards and policies on energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163)., 15. State Prohibition of Goods from Forced Labor Act The Recipient certifies in accordance with Public Act 93-0307 that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Added January 2004) 16. Violating facilities The Recipient certifies that it will comply with all applicable standards, orders or requirements in effect at the time of the execution of this Agreement and issued under: (i) Section 306 of the Clean Air Act [42 U.S.C. 1857 (h)]; (ii) Section 508 of the Clean Water Act (33 U.S.C. 1368); (iii) Executive Order 11738; and Section 319(h) Conditions/Certifications January 2004 Page 6 of 13 (iv) U.S. EPA regulations (40 CFR Part 15). This prohibits the use, by the Recipient or any approved subcontractor, of facilities included on the U.S. EPA list of Violating Facilities unless and until the U.S. EPA eliminates the name of such facility from this listing. 17. Fraud and Other Unlawful or Corrupt Practices The Recipient certifies that it will effectively pursue available state or local legal and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices, which are brought to its • attention, such as bribery, graft, or kickbacks. The Recipient bears the primary responsibility for prevention and detection of such conduct and for cooperation with appropriate authorities in the prosecution of any such conduct. The Recipient shall advise the Illinois EPA immediately when any such allegation or evidence comes to its attention, and shall periodically advise the Illinois EPA of the status and ultimate disposition of any such matter. 18. Educational Loans The Recipient certifies that it, its staff, and subcontractors are not in default ,on an educational loan as provided in Section 3 of the Educational Loan Default Act. 19. Sarbanes-Oxley Act of 2002/Illinois Securities Law of 1953 The Recipient certifies in accordance with 30 ILCS 500/50-10:5 that no officer, director, partner or other managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a period of five years prior to the date of the bid or contract. The Recipient acknowledges that the contracting agency shall declare the contract void if this certification is false. (Added January 2004.) 20. Interference with Public Contracting/Bid Rigging/Bid Rotating Law The Recipient certifies that it has not been barred from bidding or from entering into a financial assistance agreement as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 and/or Section 10.2 of the Illinois Purchasing Act (30 ILCS 505/10.2). The Recipient understands that if such a false statement is made, it is committing a Class 3 felony. 21. Debarment, Suspension, and Other Responsibility Matters The Recipient certifies that to the best of its knowledge and belief, it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) Have not within a three (3) year period preceding a financial assistance agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, Section 319(h) Conditions/Certifications January 2004 Page 7 of 13 attempting to obtain, or performing a public (Federal, State, or local) transaction or agreement under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, local) with commission of any of the offenses enumerated in paragraph (ii) of this section; and (iv) Have not within a three (3) year period preceding a financial assistance agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 22. Bribery The Recipient certifies that it or its representatives have not been convicted of bribing or attempting to bribe an officer of the State of Illinois, nor has the Recipient made an admission of guilt of such conduct which is a matter of record. 23. Drug Free Workplace Certification The Recipient certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the Agreement and will provide a drug free workplace as required by Public Act 86-1459, the Drug Free Workplace Act (30 ILCS 480/1), and will comply with all the provisions herein. 24. International Anti-boycott Certification Act/U.S. Export Administration Act of 1979 The Recipient certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. (This certification only applies to financial assistance agreements exceeding the threshold for small purchases according to the purchasing laws of this State or$10,000, which ever is less.) 25. Privity of Agreement This Agreement is expected to be funded in part with funds from the U.S. EPA. Neither the United States nor any of its departments, agencies or employees is, or will be, a party to this Agreement or any lower tier agreement. The Agreement is subject to regulations contained in 40 CFR Part 31 in effect on the date of the assistance award for this project. 26. Covenant Against Contingent Fees The Recipient shall warrant that no person or selling agency shall be employed or retained to solicit or secure the Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Illinois EPA shall have the right to annul the Agreement without liability, or Section 319(h) Conditions/Certifications January 2004 Page 8 of 13 in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 27. Compliance with Government Wide Guidance on Lobbying Restrictions The Recipient certifies, to the best of its knowledge and belief, that: (i) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal financial assistance agreement, grant, loan, or cooperative agreement. (ii) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL ("Disclosure Form to Report Lobbying") in accordance with its instructions. (iii) The undersigned shall require that the language of this certification be included in the award documents for all subcontracts and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 28. Debt Delinquency The Recipient certifies that it is incompliance with 30 ILCS 500/50-11, which stipulates that no person shall submit a bid or enter into a contract with a State Agency under this code if that person knows or should know that he or she is delinquent in the payment of any debt to the State, unless the person has entered into a deferred payment plan to pay off the debt. For purposes of this Section, the phrase "delinquent in the payment of any debt" shall be determined by the Debt Collection Board. 29. Single Audit Act Recipients annually receiving $300,000.00 or more in federal funds from the Illinois EPA must comply with the audit provisions of the Single Audit Act in accordance with Office of Management and Budget (OMB) Circular A-128 or Circular 133, whichever is applicable. Agreement recipients must submit to the Illinois EPA no less frequently than Section 319(h) Conditions/Certifications January 2004 Page 9 of 13 every two years, an independent audit report covering the award prepared in accordance with the provisions of the relevant OMB Circular. 30. Audit and Access to Records The Recipient certifies that it shall maintain books, records, documents, and other evidence directly pertinent to performance of U.S. EPA funded work under this Agreement in accordance with generally accepted accounting practices and principals consistently applied and 40 CFR Part 31 in effect on the date of execution of this Agreement. The Recipient shall also maintain the financial information and data used in the preparation or support of the cost submission required under 40 CFR 31.36(f) for any negotiated agreement and a copy of the cost summary submitted to the Illinois EPA. U.S. EPA, the Comptroller Generai of the United States, the U.S. Department of Labor, the Illinois EPA, the Auditor General or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The Recipient will provide proper facilities for such access and inspection. If this is a formally advertised, competitively awarded, fixed-price Agreement, the Recipient agrees to make all paragraphs of the Audit and Access to Records Section applicable to all agreement amendments affecting the Agreement Project Cost Summary. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or auditing agencies. The Recipient agrees to disclose all information and reports resulting from access to records under paragraphs 1 and 2 of the Audit and Access to Records Section to any agencies referred to in paragraph 1. The Recipient shall maintain, for a minimum of five (5) years after the completion of the Agreement, adequate books, records, and supporting documents to verify the amounts, receipts, and uses of all disbursements of funds passing in conjunction with the Agreement; and the Recipient agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. In addition, those records which relate to any controversy arising under a U.S. EPA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained and made available by the Recipient until three (3) years after the date of resolution of such appeal, litigation, claim, or exception. Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph 1 of the Audit and Access to Records Section shall have access to records at any reasonable time for as long as the records are maintained. Section 319(h) Conditions/Certifications January 2004 Page 10 of 13 This Audit and Access to Records Section applies to financial records pertaining to all financial assistance agreements and all agreement amendments regardless of the type of agreement. In addition this section applies to all records pertainingto all agreements 9 PP 9 and agreement amendments: (i) To the extent the records pertain directly to financial assistance agreement performance; (ii) If there is any indication that fraud, gross abuse or corrupt practices may be involved; or (iii) If the financial assistance agreement is terminated for default or for convenience. 31. Indemnity The Recipient certifies that it shall assume the entire risk, responsibility and liability for any and all loss or damage to property owned by the Agreement Recipient, the Illinois EPA or third persons and any injury to or death of any persons (including employees of the Recipient) caused by, arising out of, or occurring in connection with the execution of any work, contract or subcontract arising out of this Agreement and the Agreement Recipient shall indemnify, save harmless and defend the State of Illinois and the Illinois EPA from all claims for any such loss, damage, injury or death whether caused by the negligence of the State of Illinois, the Illinois EPA, their agents or employees or otherwise consistent with the provisions of Section 1 of "AN ACT IN RELATION TO INDEMNITY TO CERTAIN CONTRACTS" [(740 ILCS 35/1 (1992)]. The Recipient shall require that any and all contractors or subcontractors engaged by the Recipient shall agree in writing that they shall look solely to the Recipient for performance of such contract or satisfaction of any and all claims arising thereunder. 32. Supersession The Illinois EPA and the Recipient agree that this and other appropriate clauses in 40 CFR 31, or their equivalent, applying to that work eligible for U.S. EPA assistance to be performed under the Agreement and that these clauses supersede any conflicting provisions of the Agreement. 33. Appropriation Contingency (Multiyear) The obligations of the State of Illinois to provide financial assistance will cease immediately without any penalty, accelerated payment, or other recoupment mechanism being required by the Agreement Recipient if in any fiscal year the Illinois General Assembly or funding sourcefails to make an adequate appropriation or otherwise make available sufficient funding to cover the Agency's Agreement obligations. 34. Liability of the Illinois EPA The Recipient agrees that no personal claim shall be made of, or honored by, any independent contractor, employee, or member of the Illinois EPA by reason of any provision of the Agreement. If the appropriation of funds by the General Assembly of the State of Illinois available for payment of financial assistance agreements is exhausted, neither any other State agency nor office nor any independent Contractor, Section 319(h) Conditions/Certification s January 2004 Page 11 of 13 employee or member of the Illinois EPA will be obligated to pay the financial assistance agreement Recipient anything under the terms of the Agreement, and the Recipient will not be obligated to render service under the Agreement after such exhaustion. The Illinois EPA shall make a positive effort to notify the Recipient prior to such exhaustion. 35. Disputes Only the Recipient may appeal to the Illinois EPA under this provision with respect to its subagreements thereunder for its own name and benefit. Neither a Recipient nor a subcontractor of a Recipient may prosecute an appeal under the disputes provision of a financial assistance agreement in its own name or interest. Any dispute arising under the Agreement which is not disposed of by the financial assistance agreement shall be decided by the Director of the Illinois EPA or a duly authorized representative, who shall render a decision in writing and mail or otherwise furnish a copy thereof to the Recipient. The decision of the Director of the Illinois EPA shall be fina! and conclusive. This "disputes" clause does not preclude consideration of questions of law in connection with decisions provided in the previous paragraph. 36. Amendments This Agreement and any attachments hereto constitute the entire Agreement between the parties. No amendment to this Agreement shall take effect until approved by the Illinois EPA and Recipient in writing. 37. Termination This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by either party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given 1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 2) an opportunity for consultation with the terminating party prior to termination. This Agreement may be terminated in whole or in part in writing by the Illinois EPA for its convenience, provided that the Recipient is given 1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 2) an opportunity for consultation with the Illinois EPA prior to termination. If termination for default is effected by the Illinois EPA, an equitable adjustment in the price provided for in this Agreement shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work, and 2) any payment due to the Recipient at the time of termination may be adjusted to cover any additional costs to the Illinois EPA because of the Recipients default. If termination for default is effected by the Recipient, or if termination for convenience is effected by the Illinois EPA, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide payment to the Recipient for services -rendered and expenses incurred prior to the termination, in Section 319(h) Conditions/Certifications January 2004 Page 12 of 13 addition to termination settlement costs reasonably incurred by the Recipient relating to commitments which have become firm prior to the termination. Upon receipt of a termination action under paragraphs 1 or 2 of the Termination Section, the Recipient shall 1) promptly discontinue all affected work (unless the notice directs otherwise), and 2) deliver or otherwise make available to the Illinois EPA all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Recipient in performing this Agreement, whether completed or in process. Upon termination under paragraphs 1 or 2 of the Termination Section, the Illinois EPA may take over the work and may award another party to complete the work under this Agreement. If, after termination for failure of the Recipient to fulfill contractual obligations, it is determined that the Recipient had not failed to fuifill the Agreement obiigations, the termination shall be deemed to have been for the convenience of the Illinois EPA. In such event, adjustment of the price provided for in this Agreement shall be made as provided in paragraph three (3) of the Termination Section. 38. Payments Requests for payment shall be submitted by the Recipient's authorized representative no more frequently than monthly and should detail the amount and value of the work performed and be accompanied by such supporting documentation as may be required by the Illinois EPA. The Recipientmay transfer amounts among the costs categories designated in the Estimated Allowable Project Cost Summary provided the categories do not increase or decrease by more than 15 percent. Transfer in excess of 15 percent may be made only with the written concurrence of the Illinois EPA. The requests for payment shall be submitted to: Illinois Environmental Protection Agency Attention: Fiscal Service Mail Code # 2 P.O. Box 19276 Springfield, IL 62794-9276 The Illinois EPA may withhold payment to the Recipient if the Recipient's progress in completing the scope of work does not meet the project schedule contained in the Agreement. Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement or as a termination settlement under this Agreement the Recipient shall execute and deliver to the Agency a release of all claims against the Agency arising under, or by virtue of, this Agreement, except claims which are specifically exempted by the Recipient to be set forth therein. Unless otherwise provided in this Agreement, by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of the Agency's claims against the Recipient or his sureties under this Agreement or applicable performance and payment bonds. Section 319(h) Conditions/Certifications January 2004 Page 13 of 13 I, the undersigned, being duly authorized to take such actions certify that items 1 -38 of these conditions/certifications are acceptable and true. Signature of Authorized Representative Date Printed Name and Title Section 319(h) Conditions/Certifications January 2004 .� i; 41 / HYDROGEOLOGY AND WATER QUALITY STUDY - BUDGET SUMMARY Northwest Planning Area United City of Yorkville, Kendall Co., IL Municipal Fiscal Years (May-April) FY04-05 FY05-06 FY06-07 Total ESTIMATED PROJECT COSTS USGS $106,345 $34,782 $2,011 $143,138 CEC $10,905 $3,595 $1,000 $15,500 EEI $2,500 $2,000 $500 $5,000 TOTAL: $119,750 $40,377 $3,511 $163,638 ESTIMATED EXPENDITURES USEPA Grant $50,000 $0 $0 $50,000 USGS Grant $40,000 $0 $0 $40,000 Subtotal Grant: $90,000 $0 $0 $90,000 United City of Yorkville $29,750 $40,377 $3,511 $73,638 TOTAL: $119,750 $40,377 $3,511 $163,638 C:\Documents and Settings\Liz\Local Settings\Temporary Internet Files\OLKF\[Nelson Landfill Cost Summary.xls]Sheetl ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL 12/0B/2004 14.25 FAX 630 553 5764 DANIEL J. KRAMER 1002/003 f � �. � �• STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2004 - RESOLUTION APPROVING THE PRELIMINARY/FINAL PLAT OF SUBDIVISION FOR GRANDE RESERVE SUBDIVISION UNITS 9 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary/Final Plat of Subdivision for the Grande Reserve Subdivision Units 9 and WHEREAS,the City Council of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary/Final Plat of Subdivision; and NOW THEREFORE,upon Motion duly made,seconded and approved by a majority of those members of the City Council voting the following action is taken by the City Council; 1. The Preliminary/Final Plat of Subdivision for the Grande Reserve Subdivision Unit 9 is approved and all City officials are authorized to execute the same. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 1 12/08/2004 14 .25 FAX 630 553 5764 DANIEL J. KRAMER Z003/003 APPROVED by me,as Mayor of the United City of Yorkville,Kendall County, Illinois,this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 2004. Attest; CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 2 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2004 - RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR WOODWORTH ESTATES WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plat of Subdivision for the Woodworth Estates Subdivision; and WHEREAS,the City Council of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plat of Subdivision; and NOW THEREFORE,upon Motion duly made,seconded and approved by a majority ofthose members of the City Council voting the following action is taken by the City Council: 1. The Preliminary Plat of Subdivision for the Woodworth Estates Subdivision is approved and all City officials are authorized to execute the same. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 1 APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 2 _ _ I _ _ ......., ,.... J ,,....„... _ _ ( � _ © 35 I \_______ / MAIN STREET 7- A ,SCALE: 1"=100' 1 I - - 25 G// O I 1 - OD � 6/ 490 I I /,�, 20 I 1 O / /� 38 \ - - Yv 1 Off.740 /� I1AI 'rJ'y /IS` / O3_RIO D �lO Q 36 I -- n I Th R SFzR FI Ty19 ES `S2- 7 /0 II E SE O TgTE qT ygSE 37 4Tr_ N S �� O F T s I I E I S1 I O 24II I \- -- / \ II 90.a9 1 _ 100.01 I I t-n I I I - 700.01 _ - oD.ot I^ 100.01 < 21 000t I �o� I , 94.39 1 , , I \ rn I // g.40 I 1 1 ' k 0 T , 1 \.,,,„, O - Lo CD DE1 23 I I ul�t0 O w i oa I I I ro �,22 I / 1.\ 9 wl 27,234.30 S.F. N\ E. ' 2 \ 1 I NI m1 8 �1 25.593.27 S.F. I y �Q\ 1 ml 7 0, 25,)44.44 S.F. �� - - 8N, 25,895,94 S.F. I Q - _ - - 20-33 I a, a5 ro 26,047.17 S.F. I / _ _ �- - 109.89 N 4 26,198.62 S.F. 1 ! -- -- 88.78 I Q 45.29 21.06 �I 26,302.52 S.F. , 1 N I I J >' I I I I I I , JIV P ' 3(, I2037301SF. U,1 3 `C/ la mol 1 m20,4283 S.F. �`Q- - 18,985.22 S.F. I I - $ - t 00.00 614.65 1 6\ I 1 00.00 7�ryy 1 /� 100.00- I I \�J - 4.65 (� __ - 85.35 - R z'j 6) 4a.92 .28 — 700.00 44'.1j2............-.------------ 106I R-270 R-270 89.46 274.51 ' WOODWORTH DR o 15 =21.31 L-39 85 - , 's - _ _ —( 5,.20 275.04 - ./ - L=73.61 R-325 I 'N I V1 I IR I aO �\ I I -" I Q' O II NOTE: IMPROVEMENTS TO BE DESIGNED IN 5 4 ACCORDANCE WITH THE UNITED CITY 0 OF YORKVILLE REQUIREMENTS. I I 1 iRENSIDNS CONCEPT PLAN SHEET ... WALTER E. DEUCHLER ASSOCIATES, INC. WOODWORTH ESTATES — PHASE FIVE 1 670'2''4"#"9` 6nian.44. — 41.444er i' mob' YORKVILLE, ILLINOIS DE 1 0 DATE 12/13/04 !DESIGNED JWF DRAWN SAL !APPROVED JWF 18004 927/9351 SCALE 1 I CAD DWG VW\03052-01\EXH-A 1 JOB NO 788/03052/01 12/08/2004 14:00 FAX 630 553 5764 DANIEL J. KRAMER Ig1002/004 Ab ORDINANCE NO. 2004- AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006 IN AND FOR THE UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-201 WHEREAS,the Mayor and City Council of the United City of Yorkville after careful consideration deem it to be in the best interest of the United City of Yorkville to create a levy and assessment of taxes for the United City of Yorkville Special Service Area Number 2004- 201; and NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1: The United City of Yorkville Special Service Area Number 2004-201 has been created by an ordinance entitled: AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2004-201 IN THE UNITED CITY OF YORKVILLE (FOX HILL SUBDIVISION) ADOPTED August 10, 2004 and effective upon passage approval and publication, no petition having been filed opposing the creation of the Special Service Area,pursuant to section 9 of Public Act 78-901. Said Special Service Area Number 2004-201 consists of territory described in the ordinance aforesaid. The United City of Yorkville is now authorized to issue bonds and levy taxes for special services in said Special Service Area. Section 2: That the total amount of the budget, as amended, for all purposes to be collected from the tax of the current fiscal year in Special Service Area Number 2004-201 is ascertained to be the sum of Seven Thousand Eight Hundred and Fifty Dollars ($7,850). Section 3: That the following sums be, and the same hereby are,levied upon the taxable property, as defined in the Revenue Act of 1939 in the United City of Yorkville Special Service Area Number 2004-201, said tax to be levied for the fiscal year beginning May 1, 2005, and ending April 30, 2006. Income From To Be Raised Budget Other Sources By Taxation Mowing $2,600.00 $0.00 $2,600.00 Beautification $ 500.00 $0.00 $ 500.00 Weeding $ 250.00 $0.00 $ 250.00 Mulching $1,500.00 $0.00 $1,500.00 Trail Maintenance $2,000.00 $0.00 $2,000.00 General Maintenance $1,000.00 $0.00 $1,000.00 TOTAL FOX HILL $7,850.00 $0.00 $7,850.00 12/08/2004 14:00 FAX 630 553 5784 DANIEL J. KRAMER 12003/004 SSA EXPENSES 12/08/2004 14:00 FAX 830 553 5784 DANIEL J. KRAMER Z004/004 Section 4: This tax is levied pursuant to Article VII Sections 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78-901 and pursuant to an ordinance Establishing The United City of Yorkville Special Service Area Number 2004-201. Section 5: That there is hereby certified to the County Clerk of Kendall County, Illinois, the sum aforesaid, constituting said total amount and the said total amount of Seven Thousand Eight Hundred Fifty Dollars ($7,850)which said total amount the said United City of Yorkville Special Service Area Number 2004-201 requires to be raised by taxation for the current fiscal year of said City and City Clerk of said City is hereby ordered and directed to file with the County Clerk of said County on or before the time required by law, a certified copy of this ordinance. Section 6: This ordinance shall be in full force and effect from and aflerits adoption and approval as provided by law, Section 7: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Section 8: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2004 Attest: CITY CLERK