City Council Packet 2005 01-11-05 .co c,rj. United City of Yorkville
J? County Seat of Kendall County
II i'--..'--1 800 Game Farm Road
EST. 1. 1836 Yorkville, Illinois, 60560
,� Telephone: 630-553-4350
�� ii �., O Fax 630-553-7575
' �/ Website: www.yorkville.il.us
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, January 11, 2005
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, January 24, 2005 7:00 p.m.,Wednesday, January 19, 2005
City Hall Conference Room City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, January 20, 2005
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, February 3, 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
January 11, 2005
Page 2
Public Hearings:
1. Richard Marker Associates, Inc., Petitioners, request for an Amendment to the Annexation and
Planned Unit Development Agreement to allow the subdivision of Lot 3 in Heartland Center Unit 1 in the
United City of Yorkville, Kendall County, Illinois.
2. To Annex the territory hereinafter described as the Countryside Pump Station Site
3. To Annex the territory hereinafter described as the Bruell Street Pump Station Site
Citizen Comments:
Presentations: None
Consent Agenda
1. Temporary Sanitary Sewer Lift Station Agreement with MPI-2 Yorkville Central -authorize Mayor and City
Clerk to execute
2. Oversizing and Recapture Agreement for Heartland and Heartland Circle Subdivisions -authorize Mayor
and City Clerk to execute
3. Lot 134 Kylyn's Ridge—ratify plat of dedication
4. Rob Roy Creek Interceptor Contract#1 —Change Order#1 -authorize 60 additional days to the contract
and City Engineer to execute
5. Prairie Meadows MOT Highway Permit Application and Resolution-authorize Mayor and City Clerk to
execute
6. Plat of Vacation for 514 W. Washington-authorize Mayor and City Clerk to execute, subject to
re-submittal of the plat of vacation accurately identifying the portion of land being vacated and subject
to review by the City Engineer
7. Deuchler Engineering Agreement for West Branch of Rob Roy Creek Interceptor-authorize Mayor and
City Clerk to execute in an amount not to exceed$186,750.00 for design services with a notice to
proceed subject to guarantee of funds by the developer
8. Well#7 Well House& Treatment Facility-Change Order#5 -authorize decrease in an amount not to
exceed$29,096.00, 60 day extension of the contract, and City Engineer to execute
9. Fox Highlands Subdivision-Bond Reduction#2-authorize reduction in cm amount not to exceed
$860,251.97
10. Fox Hill Unit 7-Letters of Credit Reduction#1 -authorize reduction to the earthwork and erosion control
letter of credit in an amount not to exceed$75,850.44 and reduction to the onsite work letter
of credit in an amount not to exceed$381,095.82
11. Windett Ridge Subdivision-Onsite Work Bond Reduction#2 -authorize reduction in an amount not to
exceed$278,137.25
12. Ordinance Prohibiting the Sale of Fireworks—authorize Mayor and City Clerk to execute
City Council Meeting Agenda
January 11, 2005
Page 3
Consent Agenda(con't)
13. Request for New Sergeant's Position, Effective Date 4/1/05
14. Administration Office Workstation Purchase—authorize purchase from Remanufactured Systems, Inc.
in an amount not to exceed$6,530.00
Plan Commission /Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council— None
Minutes of Committee of the Whole— December 7, 2004 and December 21, 2004
Bill payments for approval from the current Bill List(Corrections and Additions):
Checks total these amounts:
$ 983,127.88 (vendors) (Revised 1/7/05 — See memo in packet.)
$ 144,513.51 (payroll period ending 12/11/04)
$ 1,127,641.39(total)
Reports:
Mayor's Report:
1. Coffee with the Mayor: January 15th at Travel Services of Yorkville, 801 N. Bridge Street from
10:00 a.m. to 12:00 p.m.
Attorney's Report:
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks&Recreation Report:
Community&Liaison Report:
City Council Meeting Agenda
January 11, 2005
Page 4
Committee Reports:
Public Works Committee Report:
1. Bruell Street Pump Station -Reaffirm Contract Award with Seagren Construction, Inc.
Economic Development Committee Report:
1. Ordinance Authorizing Execution of Third Amendment to Annexation &PUD Agreement for Raintree
Village Unit 4
2. Prairie Meadows—Backup Special Service Tax Area
a. Enabling Ordinance to Create Special Service Area for Menard, Inc.
b. Ordinance Establishing Special Tax Service Area
3. Heartland Center Unit 1, Lot 3
a. Ordinance Authorizing the Execution of a Second Amendment to Heartland Subdivision Annexation
and Planned Unit Development Agreement
b. Final PUD Plan/Final Plat
4. Ordinance Annexing the Bruell Street Pump Station Site
5. Ordinance Annexing the Countryside Pump Station Site
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. Resolution Approving Volunteer Sick Leave Donation
Additional Business:
Executive Session:
1. The purchase or lease of real property for the use of the public body.
2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the public body, including hearing testimony on a
complaint lodged against an employee of the public body or against legal counsel for the public body to
determine its validity; and for 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.
Adjournment:
City Council Meeting Agenda
January 11, 2005
Page 5
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
ECONOMIC DEVELOPMENII
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
UBLIC SAFETY;
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Committee: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
;ADMINISTRATION;
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Ohare Public Properties Library
Committee: Alderman Kot Personnel Cable Consortium
Committee: Alderman Besco
IAD-HOC: TECHNOLOGY
Committee
Chairman: Alderman Munns
Committee: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
co.j.
United City of Yorkville Memo
800 Game Farm Road
ESt ie3e Yorkville, Illinois 60560
Telephone: 630-553-4350
4k can. Fax: 630-553-7575
674LE0.v
Date: January 10, 2005
To: Mayor and City Council
From: Lisa Pickering
CC: Department Heads
Subject: Additional information for City Council packet—January 11, 2005
Attached please find revised information on Consent Agenda Item#2—Oversizing and
Recapture Agreement for Heartland and Heartland Circle Subdivisions. Please add this
information to your packet.
01/10/2005 08. 14 FAX 630 553 5764 DANIEL J. KRAMER (21002/010
STATE OF ILLINOIS ) ,
) SS.
COUNTY OF KENDALL )
OVERSIZING AND RECAPTURE AGREEMENT
FOR
HEARTLAND SUBDIVISION
AND
HEARTLAND CIRCLE SUBDIVISION
NOW COMES,THE UNITED CITY OF YORKVILLE,hereinafter referred to as
"CITY",and RICHARD MARKER ASSOCIATES, INC. on behalf of Heartland Subdivision
and Heartland Circle Subdivision, hereinafter referred to collectively as "DEVELOPER",who in
satisfaction of all obligations between the parties for oversizing and recapture by DEVELOPER
to the CITY agree upon the following terms and conditions:
WITNESSETH
WHEREAS, a written Annexation and Planned Unit Development Agreement was
entered into by and between CITY and DEVELOPER for purposes of annexing, zoning, and
developing Heartland Subdivision; and
WHEREAS, a written Annexation and Planned Unit Development Agreement was
entered into by and between CITY and DEVELOPER for purposes of annexing, zoning,and
developing Heartland Circle Subdivision;and
WHEREAS, under the terms of each Agreement certain oversizing was to be done at the
request of the CITY,which would be reimbursed by the CITY to DEVELOPER; and •
WHEREAS, substantial oversizing including sanitary sewer work, increase depth in
sanitary sewer work, water mains, road repairs, and the like were done at the specific instance
and request of the CITY pursuant to the oversizing clause of each of said Annexation and
Planned Unit Development Agreements; and
1
01/10/2005 08: 14 FAX 630 553 5764 DANIEL J. KRAMER e)003/010
WHEREAS, further during the approval of Heartland Subdivision, a Spring Street
sanitary sewer was agreed to be replaced and corrected by DEVELOPER, and the cost thereof to
be recaptured pursuant to a written Recapture Agreement entered between the parties,the source
of payment being an Economic Incentive Agreement whereby DEVELOPER would receive one-
half(1/2) of sales tax revenues received from its B-3 area zoned in Heartland Subdivision until it
was reimbursed for the full amount of the Spring Street improvements; and
WHEREAS, an Economic Incentive Agreement has not yet been created between the
parties, and the parties agree it is in the best interest of all mutually concerned to fix the amount
of oversizing and recapture costs incurred by DEVELOPER and to provide for the payment
thereof under the terms of this Agreement; and
WHEREAS, each of the parties has agreed that all amounts of recapture and oversizing
costs have been evaluated thoroughly by the parties and the parties have come to an agreement
on the amounts to be paid with no further claim for any oversizing or recaptures to be claimed or
incurred by either party other than warranty work under the terms of this Agreement or any other
claim, agreement, or right asserted by any party hereto; and
WHEREAS, it is the desire of all parties hereto to settle all issues between them in an
amicable fashion:
NOW THEREFORE,the parties agree as follows:
1) The headings and recitals set forth above are hereby incorporated in and made a
part of this Agreement and are enforceable covenants between the parties hereto.
2) That with respect to Heartland Subdivision, a summary of the recapture costs for
sanitary sewer on Spring Street as well as a Walnut Street watermain extension
that was specifically requested by CITY from DEVELOPER that was outside of
the construction improvements required for the subdivision of DEVELOPER are
set out and incorporated into the attached Exhibit"A"to this Agreement.
3) CITY and DEVELOPER agree that the amounts set out in the attached Exhibit
"A" for sanitary sewer work totaling a net balance due of One Hundred Twenty-
Seven Thousand Nine Hundred Twenty-Three Dollars and 36/100 ($127,923.36)
are a fair and reasonable amount for sanitary sewer recapture costs for Spring
Street and related sanitary sewer work that was over and above subdivision
requirements for Heartland Subdivision.
4) CITY and DEVELOPER agree that the amounts set out in the attached Exhibit
"A" for sanitary sewer work totaling a net balance due of Eighty-Two Thousand
Eight Hundred Seventy-Seven Dollars and 03/100 ($82,877.03) are a fair and
reasonable amount for watermain extension costs for Walnut Street and related
sanitary sewer work that was over and above subdivision requirements for
Heartland Subdivision.
2
_
01/10/2005 08: 14 FAX 630 553 5764 DANIEL J. KRAMER (1004/010
5) DEVELOPER has requested and claimed credit for a general contractor fee for
work supervision of said work for Fifteen Thousand Eight Hundred Ten Dollars
and 03/100($15,810,03), which the parties have agreed hereto shall not be paid
by the CITY and is hereby waived as a claim against the CITY.
6) That with respect to Heartland Circle Subdivision,a summary of the recapture
costs for sanitary sewer oversizing that was specifically requested by CITY from
DEVELOPER that was outside of the construction improvements required for the
subdivision of DEVELOPER are set out and incorporated into the attached
Exhibit"B"to this Agreement.
7) CITY and DEVELOPER agree that the amounts set out in the attached Exhibit
"B" for sanitary sewer work totaling a net balance due of Eight Hundred Fifty
Thousand Nine Hundred Seventy Dollars and 05/100 ($850,970.05) are a fair and
reasonable amount for sanitary sewer oversizing costs and related sanitary sewer
work that was over and above subdivision requirements for Heartland Circle
Subdivision.
8) DEVELOPER has requested and claimed credit for a general contractor fee for
work supervision of said work for Sixty-Six Thousand Five Hundred Thirty-Nine
Dollars and 79/100($66,539.79),which the parties have agreed hereto shall not
be paid by the CITY and is hereby waived as claim against the CITY.
9) That a major component of the oversizing claim of DEVELOPER was de-
watering deep sanitary sewer installations, the depth being requested by the CITY
to provide for a new lift station that would service the northeast quadrant of the
CITY with sufficient depth to be extended beyond Heartland Circle Subdivision
for future connections to said sanitary sewer line and lift station. That the cost of
said de-watering was a total of Three Hundred Six Thousand Fifty Dollars and
00/100($306,050.00) a portion of which the CITY has contended should be a
DEVELOPER rather than CITY expense.
10) That CITY and DEVELOPER have agreed to a credit off of said de-watering of
One Hundred Thousand Dollars and 00/100($100,000.00)to the CITY, thereby
reducing the sanitary sewer oversizing claim amount from Eight Hundred Fifty
Thousand Nine Hundred Seventy Dollars and 05/100 ($850,970.05)to Seven
Hundred Fifty Thousand Nine Hundred Seventy Dollars and 05/100
($750,970.05).
11) That the CITY has agreed to pay a combined amount of Seven Hundred Fifty
Thousand Nine Hundred Seventy Dollars and 05/100 ($750,970.05),the
Heartland Circle Payment,plus One Hundred Twenty-Seven Thousand Nine
Hundred Twenty-Three Dollars and 36/100($127,923.36),the Spring Street
Payment, as the combined amount owed to DEVELOPER for sanitary sewer
oversizing in the total amount of Eight Hundred Seventy Eight Thousand Eight
Hundred Ninety-Three Dollars and 41/100($878,893.41). The CITY will pay the
3
01/10/2005 08: 14 FAX 630 553 5764 DANIEL J. KRAMER Z 005/010
sum of Six Hundred Thousand Dollars and 00/100(5600,000.00) from its
Sanitary Sewer Fund upon approval of this Agreement by the City Council of The
United City of Yorkville no later than February 15, 2005. The balance due on
sanitary sewer recapture of Two Hundred Seventy-Eight Thousand Eight Hundred
Ninety-Three Dollars and 00/100($278,893.00)shall be paid by the CITY to
DEVELOPER on or before November 23, 2005 without interest totally
concluding the CITY obligation for payment of sanitary sewer oversizing.
12) That the CITY has agreed to pay a total of Eighty-Two Thousand Eight Hundred
Seventy-Seven Dollars and 00/100 ($82,877.00) for the Walnut Street's
watermain extension. The sum of Forty-Four Thousand Dollars and 00/100
($44,000.00) shall be paid from the CITY Water Fund in partial satisfaction of the
water recapture on or before February 15, 2005. The balance of watermain
oversizing for the Walnut Street water project of Thirty-Eight Thousand Eight
Hundred Seventy-Seven Thousand Dollars and 00/100 ($38,877.00) shall be paid
by the CITY to DEVELOPER out of its Water Fund on or before November 23,
2005 without interest.
13) Upon payment of these sums all rights, obligations, claims, and demands of any
kind between the parties for recapture or oversizing other than warranty work on
the improvements installed pursuant to CITY Ordinances shall be waived between
the parties hereto.
14) DEVELOPER hereby waives any claim to an Economic Incentive Agreement as
provided in the Heartland Subdivision Annexation and Planned Unit
Development Agreement, and shall receive no sales tax rebates therefrom.
15) The terms and conditions contained herein are the entire agreement of the parties
hereto, and no party shall claim any change,modification, altering, or other
agreements without the agreement herein expressly being amended by the parties
hereto by mutual agreement.
16) In the event any portion of this Agreement is declared void by a court of
competent jurisdiction, the remaining parts thereof would be considered a valid
contract,only the provisions that may be found void to be affected.
17) Each party has voluntarily and freely entered into this Agreement without
coercion or duress of any kind and intends to be bound strictly by the terms of this
Agreement.
18) This Agreement shall be binding upon successors and assigns of each party
hereto.
4
01/10/2005 08: 14 FAX 630 553 5764 DANIEL J. KRAMER 0006/010
IN WITNESS WHEREOF, all parties have executed this Agreement on the date set forth
beneath their signatures.
CITY: DEVELOPER:
UNITED CITY OF YORKVILLE RICHARD MARKER ASSOCIATES, INC.
By: By:
Mayor
Attest: Attest:
City Clerk
Datc: Date:
5
01/10/2005 06: 14 FAX 630 553 5764 DANIEL J. KRAMER 1007/010
STATE OF ILLINOIS )
COUNTY OF KENDALL )
TEMPORARY SANITARY SEWER LIFT STATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
2004, by and between the United CITY of Yorkville, a Municipal Corporation, herein after
referred to as"CITY", and MPI-2 Yorkville Central LLC, an Illinois Limited Liability Company,
hereinafter referred to as "OWNER/DEVELOPER".
WITNESSETH:
WHEREAS,OWNER/DEVELOPER is the owner of certain real estate situated within
the existing corporate limits of the CITY,which real estate is the subject matter of a certain
Annexation/Master Planned Unit Development Agreement heretofore entered into between the
CITY and OWNER/DEVELOPER; and
WHEREAS,the terms of the Annexation/Planned Unit Development Agreement
executed between the parties on August 7,2003 and recorded with the Kendall County Recorder
of Deed on September 11, 2003 as Document#200300032964 are hereby incorporated herein by
reference as Exhibit"A"; and
WHEREAS,Annexation/Planned Unit Development Agreement provided for the
development of an area commonly referred to as Grande Reserve Central, including
Neighborhoods 6-16 as depicted in Exhibit"I"attached hereto and incorporated herein by
reference; and
WHEREAS,pursuant to Exhibit "I"contained in Annexation/Planned Unit Development
Agreement, incorporated herein by reference, a gravity sanitary sewer interceptor was to be
extended to the subject property from the Fox Metro Reclamation District to service the
aforementioned real property; and
WHEREAS,pursuant to the Annexation/Planned Unit Development Agreement the
OWNER/DEVELOPER bore the responsibility of obtaining any and all sanitary sewer
easements from off-site property owners in order for the extension of the Fox Metro Reclamation
District Service and the Yorkville Bristol Sanitary District to the Subject Property; and
WHEREAS,the OWNER/DEVELOPER is attempting to obtain the necessary sanitary
sewer easements from the off-site property owners in order to be able to construct the gravity
sanitary sewer interceptor as provided for in the Annexation/Planned Unit Development
Agreement for the real property delineated as Neighborhood 6-16 on the attached Exhibit"I"
attached hereto and incorporated herein by reference.
01/10/2005 08: 15 FAX 630 553 5764 DANIEL J. KRAMER 1008/010
WHEREAS,the OWNER/DEVELOPER CITY has requested permission from the CITY
to design and construct a temporary sanitary sewer lift station to serve the property commonly
referred to as Grande Reserve Central; and
WHEREAS,CITY has agreed to permit the OWNER/DEVELOPER to construct a
temporary sanitary sewer lift station to service the property in accordance with the following
conditions;
NOW, THEREFORE,the parties hereto agree as follows:
1) All parties hereto agree that the above contained recitals are an integral part of
this Agreement and hereby adopt those recitals as part of this Agreement.
2) Upon approval of TEPA Permit#1003-IA-4846 by all necessary governmental
agencies, the CITY shall permit the OWNER/DEVELOPER to design and
construct a temporary sanitary sewer lift station in accordance with specifications
stated in said IEPA Permit.
3) The CITY shall permit the OWNER/DEVELOPER to design and construct a
temporary sanitary sewer lift station in order to provide sanitary sewer service to a
maximum of 1085 residential units,one school and one clubhouse within the
following areas of the development as delineated in Exhibit"C"and in
accordance with the following provision.
4) That OWNER/DEVELOPER shall be entitled to provide sanitary sewer service
through said temporary sanitary sewer lift station to a maximum of 723 single
family lots located within the areas delineated as Neighborhoods 9-16 in Exhibit
5) That OWNER/DEVELOPER shall be entitled to provide sanitary sewer service
through said temporary sanitary sewer lift station to a maximum of 298 single
family attached lots located within the areas delineated as Neighborhoods 6 and 7
in Exhibit"C".
6) That OWNER/DEVELOPER shall be entitled to provide sanitary sewer service
through said temporary sanitary sewer lift station to a maximum of 64 duplex
units located within the area delineated as Neighborhood 8 in Exhibit "C".
7) That said temporary sanitary sewer lift station shall be constructed on Lot 3002 as
depicted on the Final Plat of Subdivision for Grande Reserve Unit 2 recorded with
Kendall County Recorder of Deeds on July 29,2004 as Document No.
20040020976, which is incorporated herein by reference as Exhibit"B".
8) The OWNER/DEVELOPER shall construct the access drive for said temporary
sanitary sewer lift station across Lot 98 as depicted in Exhibit"B"from Cranston
Circle to the temporary sanitary sewer lift station site. The exact location and
01/10/2005 08: 15 FAX 630 553 5764 DANIEL J. KRAMER Z009/010
design of the access drive shall be subject to the approval of the City Engineer.
from Cranston Circle in accordance with the standard specification contained in
the United CITY of Yorkville Subdivision Control Ordinance.
9) The CITY shall provide the service and maintenance of said temporary sanitary
sewer lift station at the sole expense of the OWNER/DEVELOPER. The
OWNER/DEVELOPER shall deposit with the CITY, one year in advance, the
yearly projected service and maintenance cost associated with the operation of
said temporary sanitary sewer lift station. The CITY may request that the deposit
be replenished from time to time so that a one year advance is maintained at all
times. Further, the OWNER/DEVELOPER shall be responsible for any
incidental costs incurred by the CITY in the service and maintenance of said
temporary sanitary sewer lift station. Upon incurring any incidental expense the
CITY shall forward an invoice for said expense to the OWNER/DEVELOPER
and the OWNER/DEVELOPER forward payment to the CITY within thirty(30)
days of receipt of said invoice. In the event that OWNER/DEVELOPER disputes
the incidental expense incurred by the CITY, OWNER/DEVELOPER must notify
the CITY of the same in writing within seven(7)days of receipt of the invoice.
10) The OWNER/DEVELOPER shall be continually liable for the cost of
maintenance of said temporary sanitary sewer lift station as long as said
temporary sanitary sewer lift station is operable.
11) The OWNER/DEVELOPER shall bear the responsibility for the deconstruction,
dismantling and/or abandonment of said temporary sanitary sewer lift station at
such time as it is no longer necessary. In order to guarantee the deconstruction,
dismantling and/or abandonment of said temporary lift station the
OWNER/DEVELOPER shall post a letter of credit with the CITY or deposit in an
escrow account with the CITY the amount of 110% of the estimated cost of
deconstruction, dismantling and/or abandonment of the temporary sanitary sewer
lift station. The OWNER/DEVELOPER shall utilize the City's standard letter of
credit. In the event the OWNER/DEVELOPER deconstruction, dismantling
and/or abandonment the temporary sanitary sewer lift station,the CITY shall
inspect the same and release any letter of credit or funds held in accordance with
the United CITY of Yorkville Subdivision Control Ordinance. City reserves all
remedies available to it, including,the Letter of Credit, if the
OWNER/DEVELOPER fails to deconstruct, dismantle or abandon as required
herein.
12) That the terms of this Agreement shall be binding upon the parties for a period of
five(5) from the execution of this Agreement. In the event that at the expiration
date of this Agreement the OWNER/DEVELOPER has failed to obtain the
necessary sanitary sewer easements from off-site property owners and/or failed to
construct the gravity sanitary sewer interceptor pursuant to the terms of
Annexation/Master Planned Unit Development Agreement executed between the
01/10/2005 08: 15 FAX 630 553 5764 DANIEL J. KRAMER J 010/010
parties, the parties agree that this Agreement shall terminate and the parties shall
renegotiate this Temporary Sanitary Sewer Lift Station Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement this day of
, 2004,
UNITED CITY OF YORKVILLE,
a Municipal Corporation
BY:
Mayor
ATTEST:
CITY Clerk
OWNER/DEVELOPER:
MPI-2 Yorkville Central LLC
an Illinois Limited Liability Company
BY:
ATTEST:
Prepared by:
The Law Office of Daniel J.Kramer
1107A South Bridge Street
Yorkville, IL 60560
(630) 553-9500
Page 1 of 10
UNITED CITY OF YORKVILLE RAFT
Committee of the Whole Meeting
Tuesday,December 7,2004
7:00 P.M.
City Council Conference Room
City Council and Staff in Attendance:
Alderman Besco Public Works Director Eric Dhuse
Alderman Kot City Attorney Dan Kramer
Police Chief Harold Martin Alderman Munns
Alderwoman Ohare Finance Director Tracy Pleckham
Mayor Art Prochaska Alderwoman Spears
Alderman Sticka City Attorney John Wyeth
Guests signed in:
Tim Winter-PDG, Willowbrook Carolyn Herren, Bristol
Shawn Brannick, Minooka Mike Brannick,Minooka
Dale Woodworth, Yorkville Dan Waitt-Beacon News, Aurora
Rich Guerard,North Aurora John Philipchuck,Naperville
Pete Huinker, Yorkville Trevor Ryan,Naperville
Julie Workman, Chicago Matt Cudney, Elgin
Scott Brummel, Plano Will Battles, DesPlaines
The meeting was called to order at 7:00 p.m. by Mayor Art Prochaska.
Public Hearing:None
Presentations:
1. PC 2004-22 Challey Farm Concept Plan—COW 11/16/04 &Plan Comm
11/10/04: Mr. Rich Guerard representing Wyndham and Dearpoint who is one of
the partners in the proposed project. He began with a brief overview stating it is
approximately 96 acres and is north of Route 71 and South of Pavillion. He stated
that Kimball Hill is looking at the piece just south of this which is pending as a
project and there is a project just north of the property.
It is proposed to be 144 Single family lots and they are looking to put semi-
custom homes in the subdivision. It is in compliance with the new comprehensive
plan the City has and is 1.5 units per acre. He pointed out that the units to the
southern edge are a minimum of 12, 000 sq ft lots with lots towards the northern
edge at a minimum of 16,000 sq ft lot size. He stated that there will be buffering
at the north side.
He stated that the Plan Comm has requested that they allow room to be made for
the proposed road to the North, so next time the Council sees the plans it will be
proposing a connection to the Subdivision to the north. As far as what the Park
District requested is to take the current proposed park site and move over to where
1
Page 2 of 10
the future school site has been proposed for future use. Alderwoman Ohare
questioned if the park site is moved it will not allow for serving as many homes
when it moves to future school site. Mayor Prochaska brought up that he thought
Kimball Hill subdivision to the south there was proposing a park site close to this
site anyways to compensate the Park Board's request to move what has been
proposed. Mr. Guerard stated he and the proposed site to the south were at the
Park Board the same evening and the Park Board took both sites into
consideration to make sure all could be used evenly. He also stated that there will
be a trail system that will connect this property to Kimball Hill property.
Mr. Guerard passed around photos of detention ponds next to park areas that they
have built in previous areas of development. They like this concept and want to
explore this option with the development area in question. He stated the Park
Board had an interest in this option. Mayor Prochaska added that the Park Board
likes this idea due to the park area being able to expand with future neighboring
developments that will adjoin with this area planned for a park. The park area
planned is approximately 2.8 acres here, with the total park area planned at 5
acres. The park board requested a 2.1 acre park area for this development.
The Committee had no more questions for Mr. Guerard and they thanked him for
coming to the meeting.
Detail Board Report(Bill List): Mayor Prochaska moved the meeting on to this item
and asked if any of the Committee had any questions.
Alderwoman Ohare had some questions on the items below:
• Page 22, under Verne Henne Constr., she questioned why there are four separate
bills for Beecher/River-Building Improv within 3 days of each other and why
weren't they billed together. Tracy Pleckham stated that the bill dates are only
shown here.
• Page 36, under Nextel Communication, she questioned when the new contract is
going to effect these charges. Tracy Pleckham stated it should be in January they
will receive the new billing and they will be getting an additional 8%rate
reduction then along with the 10%they are getting now.
• Page 16, Eagle Brook Services, LLC, she questioned if the cut& cleanup charge
would be billed back to the owner. It was clarified that this would be billed back
to the owner for these services.
• Page 23, under International Codes, she asked for clarification as to why this is
charged and what it was for building fees. Tracy Pleckham explained that this is
the consultant for International Codes-ICCI.
• Page 40,under Kathleen Field Orr&Assoc., she asked if this will be billed back
to the TIF. Attorney Kramer stated that this is a recoverable amount from the
TIF.
• Page 45, under ServiceMaster Commercial, she questioned that she thought they
were going to be reducing this amount and doing away with these services with
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moving the custodian to F/T. Tracy Pleckham stated that the custodian was
moved to F/T position because they were already working F/T for the City. The
City still needs the work done by ServiceMaster too.
The Committee had no other questions and this will go onto City Council for
consideration.
Items Recommended by Committee for Consent Agenda:
1. Watershed Planning Implementation Program Donation—PW 11/22/04: no
questions
2. Water Reports for September and October 2004—PW 11/22/04: no questions
3. Well#7 Treatment Facility—Change Order#4—PW 11/22/04: no questions
4. Well#8—Change Order#1—PW 11/22/04: no questions
5. Smith Engineering Agreement for an "as needed basis"—PW 11/22/04:
Alderwoman Spears questioned what was written on page 2 of the agreement
where it states in paragraph 1 `through the Kane County Mediation System'. She
questioned if there was no mediation system in Kendall County or was this
sentence from a copied document. Attorney Kramer stated that they probably did
take the language from an earlier contract,but there is no mediation system in
Kendall County either. It is head quartered in the courthouse, yet separate from
the court system.
Alderwoman Ohare questioned with looking at there on-call basis and cost, if the
City does use any other engineering firms. Mayor Prochaska stated that EEI is
the firm the City uses most of the time. He explained that previously the
Committee chose to use EEI as handling the overflow work from the City
Engineer,Joe Wywrot. Now they are looking to have Smith Engineering as back
up as well.
Mayor:
1. Emergency Generator Change Order: Mayor Prochaska explained the cost
change was due to having to relocate the generator placement due to them not
wanting to destroy a tree, resulting in a$2500.00 increase for additional supplies
and labor needed to move the site for the generator. He did state that this will
probably be the last of the cost changes to the job and should be completed by late
December. This will go on to City Council as Consent Agenda.
2. City Attorney Position Appointment: Mayor Prochaska sadly announced that
City Attorney Dan Kramer has chosen to retire as City Attorney effective
12/31/04. Mr. Kramer will still be available during the transition period of
fording a new City Attorney and will charge the City on an hourly basis. The City
is asking Attorney John Wyeth to step in as their Attorney for the remainder of
the calendar year while Mr. Kramer finishes up working on current issues.
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Mayor Prochaska expressed his concern of not being able to find another Attorney
that could put in the hours the City needs. He approximated the Attorney would
need to put in 20+hours per week working with them. He went on to state that as
the City continues growing they will need a City Attorney even more. He
suggested that the City may need to also look into a Law Firm that could appoint
one Attorney to be available when the City needed them. Mayor Prochaska
pointed out that he is not comfortable having an Attorney unavailable when City
Staff has to meet with the Public alone regarding issues where the other party has
their Attorney present. Mayor Prochaska went on to say that Mr. Kramer has
done a wonderful job for the City for the past 21 years representing them and will
miss him and the comfort level they have with Mr. Kramer around.
Alderwoman Spears questioned if the City Staff would look into neighboring
Communities to see how they handle their legal issues as far as having private
Attorneys or Law Firms. Mayor Prochaska stated they have already begun
researching other communities and finding out which way is a better direction for
the City to go.
Mr. Kramer at this time explained to the Committee that he feels it is just time for
him to move on with his life and looks forward to the free time that will come
with retirement.
Mayor Prochaska asked the Committee to consider at the next City Council
meeting to vote on having Mr. John Wyeth appointed as the new City Attorney
starting 1/1/05. Alderwoman Ohare questioned how much Municipality
experience Mr. Wyeth did have to be considered for this position. Mr. Wyeth
explained that he has 20 years experience working with Municipalities, but
mainly his focus has been on the Park District end of City issues. He added that
he has been a back-up Attorney for the City of Yorkville for the past 2 years so he
is very familiar with this City's issues now. He is also a resident of the area
which will make him close when needed, but has no clients in the area which is
beneficial to the City's interests as well. He stated lastly that the 20 hrs per week
the City needs would be no problem for him and his partners to handle at all.
Mayor Prochaska will have the Admin Committee look more into what the hourly
Attorney support is needed by the City compared to what is the average 20
billable hours per week. The Committee agreed to submit Mr. John Wyeth's
name next week to look into a contract with him being effective 1/1/05.
3. (added to agenda) Mayor Prochaska stated that the City did just receive a letter
today from the IEPA regarding the Brownfield's grant stating that the City has
been awarded a grant and there is an agreement that goes along with it. He will
make sure all Council members get a copy of it over the next day or so to move
this along in the next City Council meeting. He will have this placed under the
Mayor's report for the next meeting.
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4. (added to agenda) Mayor Prochaska stated at the Mayors and Managers Meeting
they were approached as a group in Kendall County by the Chicago Area Transit
System(CAT)that they were looking to expanding their coverage more into
Kendall County due to the area's growth. If this does happen, Kendall County
would actually become separate instead of being a part of the Kane County
Mayors and that is where they currently get there funding. With this in mind a
problem does arise being that they are currently expecting funding from being
part of Kane County. One problem is that they are up for funding through Kane
County and the other problem is will this make less funding available if not
through Kendall County since it is based on population. He stated that Monday,
the City Staff and Administrator will be meeting to discuss the pros and cons of
the situation at hand. This will be on the next COW report for further discussion.
Alderwoman Spears questioned if it is a choice to move to separate from Kane
County or not. Mayor Prochaska stated at this point that answer was unclear and
will be looked into further.
Economic Development Committee:
1. Autumn Creek—Annexation,PUD Agreement,and Preliminary Plan—
COW 11/16/04 & EDC 10/21/04: Julie Workman who is representing Pulte
Homes started by stating that they have brought to the Committee their revised
drawings and they believe they have addressed the biggest concern which they
heard at the last meeting with City Council. The concern then was them having
any lots less than 12,000 sq ft back up to open space and they have taken care of
all those lots and where highlighted on the plans brought before the Committee
tonight.
Mr. Matt Cudney stated that they did have 81 lots that were less than 12,000 sq
feet and now are showing 39 lots that are less than 12,000 sq feet. He also
pointed out that lot 68 shows less than 12,000 sq ft,but it is actually 12,086 sq
feet and had been marked wrong on the material provided tonight. The
commercial area has all remained the same from the last plans as well.
Alderman Sticka remarked that they responded very well to the comments and
concerns made known at the last City Council meeting.
Pete Huinker stated that Park Lot L will not be counted as park area and will
remain conservation area. The Park Board has discussed that they will accept the
trail head and part of the trail as credit. They are still working out the details of
what will be counted as park area.
Alderman Sticka stated that the elevations shown now are significantly more
impressive than shown before. Mr. Huinker stated that all the elevations the
Committee Members have seen will be offered to the consumer. Mr. Sticka
stressed again the importance of having some anti-monotony throughout the City.
Mr. Huinker pointed out that they do impose that with the builders as well.
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Alderwoman Spears questioned if the area that imposes into the development
would be purchased to go along with this development any time soon. Mr.
Huinker stated that there are two parcels in question. The Doede property is
being worked out to be purchased and the Reck's as well and are not interested in
selling the property. He added that this area is not good for development or
building on due to codes of the City and the way the land is. It would remain
open space if the developer does end up purchasing the area in question.
The next step for this item will go onto the COW meeting on 12/21/04 to see the
annexation agreement to approve from there.
2. PC 2004-19 Carolyn Herren Property Rezoning—EDC 11/18/04: Mr. Kramer
started by explaining that years ago the land in the northeast corner of Corneil's
and Route 47 was zoned then at B3 in hopes for Commercial in the area. At that
point they were going to wait and see what develops. The people interested in
this property now for purchasing would like the entire property B3 instead of the
back half being residential. Mr. Kramer stated this conforms to the City's current
comprehensive plan.
Alderman Sticka stated that both the Plan Comm. and EDC both supported this
rezoning to go through. Mayor Prochaska brought up the point that residents in
area had concerns regarding the City's rules for having commercial going up next
to residential. Mayor Prochaska informed them that there are restrictions for
commercial next to residential to keep working together to make a pleasant
situation. The Property will be straight B3 zoning for the entire 38.7 acres total
and it does meet comprehensive plan.
Mr. Will Battles who is representing the purchaser approached the Committee to
read a letter from the CEO of North Lake Properties, Inc. (purchaser). It read as
follows:
`Honorable Mayor and Members of the Council:
We are in the process of purchasing approximately 38 acres on Hwy 47 in
Yorkville.
Due to the holidays and a visiting nephew from Britain,we are unable to be at
tonight's city council meeting.
We wanted to write this letter so that you don't erroneously conclude that our
absence indicates a lack of interest on our part. We are seeking approval of the
rezoning tonight so we can take further steps in the development process of the 38
acres tract.
After our previous visits to Yorkville, we were very favorably impressed by what
is happening in the city and we believe that we can, with the help of the city,
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develop a high quality commercial project at this location. Such a project will not
only serve well the residents of the area, but will also provide a significant tax
base for the local governing units.
Thank you for your consideration of this re-zoning application and we look
forward to working with you in the near future.
Sincerely,
North Lake Properties,Inc.
Wayne L Johnson, CCIM, SEC
President'
The Committee sent out thanks to Mr. Johnson for taking the time to write that
letter to the City. The Committee members were all comfortable with this
rezoning going through for this parcel and this will go on to City Council for
consideration under the Economic Development Committee.
3. PC 2001-06 Grande Reserve Unit 9—Preliminary/Final Plat—EDC
11/18/04: John Philipchuck spoke on behalf of MPI and stated that this is the
property that surrounds the elevated tank site and the northern border is the
Burlington Northern Railroad. The area was outlined for the attached product and
they have the park site located on lot 3017 and lot 3016 is going to be storm water
detention and will be maintained by the home owners association. The Plan
Comm. has reviewed this plat and had no questions on it. Mayor Prochaska stated
that there has been some discussion with the property owners to the east as far as
a landscaping between each other being worked out. That is all being worked out
between the property owners on there own. This will go to City Council for
consideration.
4. PC 2004-26 Woodworth Estates—Preliminary Plan—EDC 11/18/04: Dale
Woodworth stated that no others involved could make it to tonight's meeting.
The Committee discussed that this item did go through Plan Comm. and EDC and
there were no questions on this item at the meetings. They discussed where the
property was located and pointed out that the lots were over 12,000 sq ft for the
10 lots planned. Mr. Woodworth pointed out that the access road was moved to a
better position,but nothing else had been changed. This will go on to City
Council on 12/14/04 for consideration.
Park Board:
1. YYSBA 2005 Agreement—PKBD 11/22/04: Tabled until next COW
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Public Works Committee:
1. Request to Purchase Trucks—PW 11/22/04: Alderman Besco explained what
the trucks to be purchased entailed and gave descriptions of each. The sewer
dept. utility truck will pay for itself due to right now them having to subcontract
all the work that this truck will do with the crane. The Parks Dept. Landscape
Utility Truck will be used mainly for lawn care and plowing in the winter. The
Engineering Dept. Truck which is badly needed. The third truck was not
previously approved in this budget period. It was pointed out that all three will be
fitted for plowing as well. Mr. Dhuse stated that the Engineering will pay the
base rate and the Public Works department will pick up the cost of the upgrade for
plowing ability. The funds will all come out of Public Works and the Engineering
Department will then pay Public Works back for their portion. The Committee all
agreed these were needed and the funds are all in the budget so this will go on to
City Council as consent agenda on 12/14/04.
2. 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—PW 11/22/04: Alderman Besco stated that the
City is currently searching for other sources of water for the City's use. The City
Engineer and consultants have suggested the shallow aquifer and with this search
of areas to use and pull water from they have come to find that the old Nelson
Landfill should be investigated to see what effect it has had or will have on water
quality before the City could pull any water out of this area.
Between the City's Budget,the USGS funds, and the USEPA they are all looking
to put in funds to do a study on this water area and then be able to either move
forward with the possibility of the City pulling water from this area or having help
from the Government to clean this up if it is found to be needed.
The cost will be a total of$135,108.00. The USEPA will contribute $50,000.00,
the USGS will contribute $40,000.00 and the City of Yorkville will have to cover
the remainder of$45,108.00. The City of Yorkville will have a total of
$53,139.00 estimated with consultant costs added in. These funds can be pulled
at $45,000.00 next fiscal year and the remainder after that. This should come out
of the water improvement funds. There is still a charge of$15,500.00 for Civil
and Engineering Consultants and EEI is looking at$3,500.00 charge. The
Committee discussed that with the development that is going on there is a strong
possibility that the funds for this could be recapturable.
Mr. Dhuse stated to the Committee that he did speak with Mr. Freeman with
E.E.I. who wanted to reiterate the importance of having this area researched. It is
very important to explore this option with the population growing as it is.
Mayor Prochaska added that this water solution would lesson the problem of
dealing with the radium if they can pull the water out of this area. The Committee
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discussed that this will be no extra cost to the taxpayers since it will come from all
the new growth costs that are already set up.
The funds will be pulled from the water expansion fund on next year's budget. It
was unclear if the funds were all needed up front, so this will be found out before
the 12/14/04 City Council meeting. There is a joint funding agreement and the
funding will be decided in this. Mayor Prochaska is looking to have a motion
stating that this will be contingent to all these points. Mr. Kramer stated he will
try to get a one line letter from the agencies, stating this offer is still available and
ready to execute a three party agreement. This will continue to move forward
from here.
Public Safety Committee:
1. Request for Budgeted New Police Officer—PS 11/15/04: Alderman Kot
stated this position is a budgeted item and the Department would like to hire
next week so the Officer's schooling can begin on time. This was approved by
the Committee and has been removed from the agenda due to pre-approval when
budgeting done for this fiscal year. This will go to City Council as consent
agenda.
Administration Committee:
1. Fox Hill Tax Levy—Admin 12/1/04: Mr. Kramer stated that Kelly Kramer
will have this finalized by tomorrow and they will let the public know this will
be up for vote. Tracy Pleckham explained how the billing of the levy worked to
the Committee. Alderwoman Spears stated that the property owners had
requested some sort of statement for what has been taxed so far and where it has
gone. Mr. Dhuse stated that this will be for next year and at that point they will
be provided to all the public to see where the SSA funds are being used.
Additional Business:
• Alderwoman Spears asked if a ward map had been put together yet. Mayor
Prochaska replied that it still needs separation into the separate wards so each
sheet shows one ward. The Committee thought it would be nice to have one for
all the wards in the City to help direct the public too. They will get those out to
Council Members as soon as they are ready.
• Alderwoman Spears asked what the pay of the new hire for the payroll/benefits
specialist was set at. Tracy Pleckham replied it was set at$35,000.00 and the pay
range was from$26,000.00 - $42,000.00.
• Alderman Munns stated being that it is Pearl Harbor Day and asked all to thank
the Veterans from WWII.
• Alderwoman Ohare stated she thought the Grant Writer was to be here to give us
an update. Tracy Pleckham replied that she will be here 12/21/04 to address the
Committee.
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• Alderwoman Ohare asked if the letter the Committee members had received from
the Chamber of Commerce regarding the maintenance of the downtown area had
been addresses. Mayor Prochaska stated that it had been addressed and much had
been done before they received the letter.
• Alderman Sticka asked about Yorkville Landscaping and stated he is still
receiving phone calls about their yard not being taken care of as far as the work
they were to do not being done. Mayor Prochaska asked Mr. Kramer to look into
this matter some more and he was not sure where the City stood as far as making
them complete the work at hand with their perimeter.
• Mr. Dhuse stated that the work on Hydraulic has been delayed some what to the
weather not cooperating. They are working on getting the barricades to back
behind the alley before the upcoming Christmas walk on 12/10/04.
The meeting was adjourned at 8:35 pm.
Minutes by: Sheila Teausaw
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UNITED CITY OF YORKVILLE DRAFT
Committee of the Whole Meeting
Tuesday,December 21,2004
7:00 P.M.
City Conference Room
City Staff and Committee present:
Alderman Besco Parks&Rec Director Laura Brown
Public Works Director Eric Dhuse City Administrator Tony Graff
City Attorney Kelly Kramer Alderman Kot
Police Chief Harold Martin Alderman Munns
Alderwoman Ohare Finance Director Tracy Pleckham
Mayor Art Prochaska Alderman Sticka
City Attorney John Wyeth
Guests that signed in:
Mike Shoppe Mark Baker
Robert Brummeh Don Ament
Barry Mayworn Jr. Collins
Laura Ross-Stuart Ron Smrz
Phil Stuepfert Greg Hafemann
Tom Grant Bart Olson
David Meek Marvin Delahr
John Philipchuck Hugh Robinson
The meeting was called to order at 7:00 p.m.
Public Hearing: None
Presentations:
1. C.H. Schrader& Associates—Grant Update: Laura Ross-Stuart spoke to the
Committee to update the members on how the grant situation is for the City.
Laura along with Mark Yergler work on the City's grants applications. She stated
that the City of Yorkville has had a difficult budget year,but has maintained a
good track record. She stated that the City has been approved for the first Oslad
grant and have a second river's edge park for$74,000.00,the City now has
Cannonball Park and are awaiting announcement for these grants by the
Governor. Members from the City have been invited to Springfield for this
presentation.
She went on to state that is has been particularly critical that the City's
comprehensive plan be kept up as has. She stated that this is great considering all
the new subdivisions that are constantly going up throughout the town.
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The City is currently working on the bike trail program which that has a$200,000
funding limit. They will get back to the City within the next 30 days to let the
City know where they stand with that.
She explained how unusual of a year it has been for State and Federal funding.
Some funds have been frozen and some released not under there regular cycle.
She feels this makes it critical to stay in touch with Springfield at all times to
know what is going on. We all need to continue to look for funding sources and
feel towards grants that the City is likely to get. She explained as well that some
grant fields Yorkville would not be competitive due to the blight and low to
moderate income limits of the grant program. These are the type of restrictions
Yorkville needs to look out for when determining the type of grants they should
be applying for.
Laura Ross-Stuart when on to say that Yorkville could go after Economic
Development grants, which she feels they are doing pretty aggressively. She
pointed out that the Staff should continue to prioritize a compendium of projects
to look at. She also pointed out a sheet that the City Administrator has for the
Staff and Council Members to fill out and send to her to look up for the City when
needed. She explained the sheet to the members. She reminded all that they try
their best to locate new information for the City and find new funding, but there
are a lot of programs out there with a name and no money after it. After that they
look into the project the City is interested in to see if they can match those up for
the City.
She explained that there are a lot of potential projects for the Park&Rec field for
the City to apply for. In the future they are looking into the Golf Foundation
funding and the combo of planning grants for the Beltway that may come in and
the Boy Scout Camp.
Mayor Prochaska stated that it has been requested to find out what is available for
seniors in the area. She stated there are in diminishing quantity. They could look
into specific building projects or run a program and then look into the funding
further. She explained that the senior programs are available under the CDAP
funds, but the City is not real competitive there. Then they can look into the area
agency on aging fund and that deals mainly with nutrition services, counseling
and health services. Mayor Prochaska stated that they are looking at both
situations because they are looking at needing to put together or expand a Senior
Center for Services. The City will provide an Umbrella for these provided
services. She will continue to speak with Laura Brown on this issue.
Mayor Prochaska also brought up that they need to look into funding for
sidewalks to make a path to the Commercial areas for the residents to have a safe
route. Laura Ross-Stuart explained that there is more funding for bike paths then
there is for sidewalks.
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Alderwoman Ohare questioned if they only look into State funding due to federal
funding listed rarely in their information. Laura replied that they do look at
federal funding when appropriate. Alderwoman Ohare stated that she knew that
they had met with Department heads and wondered if that was successful at all.
Laura Ross-Stuart stated that they could use more ideas from places other than
parks and public facilities.
The Committee discussed that they should get an update about every six months
or so to keep the City updated. They also mentioned maybe doing a workshop
when needed as well. They will start to discuss these needs at a Committee level
as well to keep the search for grants going.
2. South Comprehensive Land Use Plan Update: Mike Shoppe with Shoppe
Design Consultants introduced himself and Mark Baker with FCC Planning
Consultants. The two offices have come together to put together a South
Comprehensive Plan Update. They've been having a variety of meetings to see
what the City Council's objectives were. Tonight they are here with the plan after
meetings and public hearing to fix any items necessary.
He stated that the Plan Comm recommended approving with the exception of one
are which is the South-east boundary due to the developing influences of Joliet
and Oswego. There they need to be cognitive of their growth and be flexible if
changes are needed. As time goes on,they will know better as for what to look
for.
Mark Baker stepped in to go over the land uses and the design guidelines. He
started by stating that they have kept what the City Staff had envisioned. He
stated that the land use plan the City currently has only comes down a little south
of the downtown area only and need now to evaluate further south-east to plan for
future growth. They have learned that the Staff is looking to maintain the rural
quality that Yorkville is known for and have kept this in mind. They are also
looking to keep a perimeter so that Yorkville is defined when people are traveling
through.
He explained that Route 47 is a very active corridor which is natural for
Commercial and higher intensity development happens in these areas which are
shown in the plan. They studied this information and looked for features like
view corridors and existing topography and the layout of the land. They have also
added in one category which is neighborhood retail to use for day to day uses to
lesson the travel length for quick necessities. At this point he pointed out on the
large plan for those present where the different areas are shown in color.
He stated that the Prairie Parkway has been planned into this plan and with this
the intersection it will have with Route 71 they saw as a potential employment
center and commercial area. As for the City as a whole,there is substantial
amount of opportunity for office and business use on the north side of town
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shown in the plan. He also pointed out the area where the Prairie Parkway is
proposed to curve to the east and intersect with Route 47.
They have pointed out that Routes 71, 47, 126 and Caton Farm Road are shown
here as major travel routes throughout all the future development. These will be
made into scenic corridors to help in maintaining the feel of Yorkville. Here they
are looking into buffers and deeper right-of-ways to improve views. They have
set 100ft buffers for residential and 25ft buffers in commercial. They have also
identified secondary scenic routes and travel routes. Their intent here is to
preserve the rural quality in feeling and views as flowing through Yorkville.
Mark stated that they received some good feedback from the 11/10 hearing at
Plan Comm. The main concerns were the amount of the estate residential that
was shown on the plan and the drainage divide that occurs in the S/E section of
the plan. It's recommended for the City to be in touch with Fox Metro in
studying how service here would be possible. He suggested a few ideas that have
been told to him like a large pump station taking waste water to the north, or golf
courses who would take the waste water in the area.
Mike Shoppe stated to the Committee that the design guidelines are a new
element to the comprehensive plans. These show more detail on how to address
certain applications of design in order to maintain the rural character and other
issues that have been discussed.
Mayor Prochaska began questioning with the idea of how to preserve the farm
land in the Area along with the question of how to put utilities into that south east
area. With this comes the idea of trading density rights which means this would
help keep land open where not developable anyways.
Alderman Sticka brought up how people want to preserve the look of Yorkville
with small lots with small lots and he feels this is not what people mean by
preserving the look. Mr. Sticka feels that they are talking about the open
farmland surrounding the City.
Alderman Kot questioned what the trade off going to be if the City looks into
keeping open private space. He also brought up that equestrian type zoning was
discussed previously and he is not seeing it here in this plan and does it fit in to
this plan. Mr. Baker stated that there were two objectives from discussions that
were added onto the residential category:
• Encourage equestrian estates for those interested
• Encourage an active adult type community within the area
He stated that they did not define a new land category for these areas, but it is in
there that it is encouraged and would be an attractive feature. Mr. Sticka
questioned if this is an idea a developer would bring to the City or can the City
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plan for an area like this. Mike Shoppe stated that the plan is not made for
limiting it to a specific spot but could be put in any of the cream or even yellow
areas of the plan showed.
Alderman Munns stated he thought there seems to be a good variety of options for
lifestyles wanted. Alderman Sticka reminded the Committee the cost to have a 2
mile road to one house in maintenance for a City to take on will be more than the
City will make off of taxes. Mayor Prochaska brought up the idea of only
allowing County type subdivisions here and there to minimize cost.
The Committee discussed that once this is approved,the City should get out to
neighboring communities to adjust their plan. As far as the s/e area it should be
left unknown due to the issue of how utilities could be ran.
Mike Shoppe brought up that transferring density rights has been done in
Yorkville already in Grande Reserve. It's all incorporated with in a development
site. Need to identify where open space concept could be put now. Show where
should be left open and where higher density moved to establish this concept. Mr.
Baker reminded those present that this is just a guide to work from in developing
only. He added that they could write in the complexities of that area in the south
east so the issue of is it developable is open to the public as common knowledge.
Mike Shoppe stated that the s/e area has been discussed to show that this area is
undetermined for development due to utility ability there.
The Committee went back over some of the specifics of what is shown in the
plan. Mike Shoppe pointed out a couple of changes that need to be making as far
as being incorrectly marked on the plan. Alderman Kot pointed out that this
should not be only a bedroom community and a good balance of residential to
commercial is planned here.
At this point the Mayor opened the floor to the public present to speak on this
item.
Mr. John Philipchuck stated to those present that he is working currently on a
development in Oswego. It is the Stewart Farm property, which is approximately
465 acres. Most of this area is valley and unable to be built on. They are also
working with the Forest Preserve on this area. He went on to state that Fox Metro
intends to sewer that area and bring an interceptor down. The sanitary sewer they
are setting up could be planned to be big enough to handle Yorkville's s/e planned
area if Fox Metro knew of their situation.
Mr. Robert Brummeh approached the Committee next to state that having 600
acres of farmland in the middle of this development is going to make it awfully
hard for the farmers to get their big trucks and tractors to their own land. Mayor
Prochaska agreed that more farmland should be kept for farming in the range of
2,000 acres or so. This will help keep farming going while the City grows to the
5
Page 6of12
North. Mr. Brummeh brought up the fact of being able to use the sprayers for the
crops. He stated that he has family still farming on the corner of Route 59 and
75 street and he is not allowed to use any sort of spray on his crops due to the
City building in around him. Mayor Prochaska reiterated the fact that they are not
trying to put a specific restriction on any area at this point and the plan will stay
flexible as needed.
Mike Shoppe stated he will make some corrections where necessary and then on
to City Council.
3. PC 2004-30 Aspen Ridge Estates—Concept Plan—Plan Comm 12/8/04:
David Meek spoke on behalf of Aspen Ridge Estates and they are looking at the
property they own on the s/w corner of Fox and Pavillion Roads (kiddy corner to
the Boy Scouts). They are proposing to annex to the City with an R-2 district
with minimum 12,000 sq ft lots. SCC Planning has drawn up the development for
201 lots with a creek along Pavillion Road. The main entry will be off of Fox
Road with a Boulevard treatment. There is a ring road concept to a series of cul-
de-sacs with one access to the Chalet Development. The storm water will be kept
on sight and there is a public park with a trail system to proposed Chalet
subdivision.
Laura Brown stated that the parks here were looked at along with 2 other
development projects all together and the Park Board has suggested that their
concept is having their parks adjacent to the schools in the area. If the school
does not happen, she questioned if the developer would revisit and redistribute the
park to the City. The Park Board stated they did not want to use the central park
here because it is adjacent to the Chalet development with a school site and they
would like the funds to develop over on Chalet where the school is proposed.
Aspen Ridge Estates has proposed a 4.85 acre park in their plan which is great,
but the Park Board is not looking to give credit for that area towards park space.
The Committee and Mr. Meek expressed there ideas to each other,but Mr. Meek
felt that if the Park Board did want all cash,then the central park would most
likely turn into lots.
The Committee discussed the language that could be written in for if the school
does or does not go in,what kind of credit could be given for the central park.
Laura Brown stressed that the $600,000.00 is critical for the Regional Park and
school site to move forward. She then stated that if the central park remains in the
plan it will be private. Mr. Graff stated that it could easily be written in the
agreement to say that if the other comes together,the park site will be gone.
Laura Brown stated that traditionally they ask for 50%land and 50% cash, and
some developers have given 100% land and 100%cash.
The Committee moved on to the feel of the buffer and path along Pavillion Road
and how it keeps what the City wants to be developed.
6
Page 7 of 12
The Committee discussed the time limits the City and School District have to use
land and/or cash that they receive from the developers. Mayor Prochaska
explained to the Committee and Mr. Meek that they will have language written in
stating that if the other school site the land cash is needed for does not move
forward,then the City will give credit for the central park proposed here. The
City Staff will speak with the School District on this matter and let the developer
here know which direction they need to go with the central park or land cash.
Detail Board Report(Bill List): Mayor Prochaska opened to the Committee any
questioning the Committee may have for the bill list.
• Alderman Munns started with page 13,under Elan Financial Services, line item
12, 18;-Rec's Purchase-He asked if this could be a more detailed explanation for
what it is. Tracy stated that item 12 is for a palm one case and handheld for the
new Rec Supervisor and item 18 is for IPRA.
• Page 14,under Elan Financial Services, line item 30, 32-Recs Purchase from
CDW and Recs no frills-package- He questioned the detail of these items for the
Rec Department as well. The first is for a battery pack and is a police purchase
and the second is from the Il Parks and Rec Conference. Mayor Prochaska also
stated that the detail may not be showing on this print out either. He asked Tracy
Pleckham to try and show as much detail as possible on the bill list too. She said
she will try to get more detail in there.
• Alderman Munns also asked if the AOL account was getting closer to having one
charge for all these departments on page 14. Tracy stated this will probably be
the last month of these individual bills shown here.
These will go on to City Council for consideration.
Items Recommended by Committee for Consent Agenda:
1. Tuition Reimbursement Policy—Admin 12/1/04: Alderwoman Ohare stated on
the 4th line down, she questioned if it would read more clear if it stated"after one
year of service as a full time employee". The Committee stated it does state full
time in the beginning,but it would not hurt to change it there. Kelly Kramer
stated it will not affect the language and will reiterate what it states in the
beginning and can be changed before completion of the document. Alderman
Munns asked if this is a change to when the City pays or has the City always paid
up front. Chief Martin stated the City has always paid up front and if the grades
are not satisfactory,then the employee who is schooling will have to pay the City
back.
2. Volunteer Sick Leave Donation—Admin 12/1/04: No questions or comments
3. Police Reports for November 2004—PS 12/9/04: No questions or comments
7
Page 8 of 12
Mayor:
1. Resolution Authorizing Deputy Clerk to Accept Election Nominating
Petitions: Mayor Prochaska explained that this is just a resolution to have Liz
accept these in place of the City Clerk who has a full time job. The Committee
saw no reason that Liz,the Deputy Clerk, could not accept these election
nominating petitions. This will go on to consent agenda to the next City Council.
2. Ordinance Approving a Tax Increment Financing Redevelopment Project
and Plan for the Proposed Tax Increment Redevelopment Area: Mayor
Prochaska started the discussion here explaining to the Committee stating that this
is the actual ordinance establishing the TIF. He went on to state that the TIF
program works so that there is a time line that the City has to consider and decide
certain things and we are now at a point of creating the actual ordinance that will
decide the specific area for this.
Mr. Graff went on to state that when the TIF area is created any expenses incurred
then are eligible to be charged to the TIF area and any previous expenses as well
when the area is designated. The Joint Review Board did recommend going
forward with this. Mayor Prochaska stated that this does not have the actual
agreement between the developer and the City yet. He added that the time line
does start moving steadily when this is passed. Mr. Graff stated 3 days after the
publication of this ordinance is when the time line starts. Mr. Graff stated the
discussion will start at Admin Committee and they are now going through the
business plan with the Consultants and Developer and all the suggestions will be
brought up there.
Mayor Prochaska stated that he would like the City Staff and Council Members to
be clearer on the specifics of the plan before finalizing with the time line being set
so clear.
Hugh Robinson with Tri-Land Properties who is working with the area in
question to redevelop the site spoke on this item. He stated this ordinance
basically approves the development and project plan. He stated that Lisa Lyon
did a presentation on 11/23/04 at the Public Hearing where she went through the
process by which this site qualified as a TIF district under Illinois statutes and so
forth. This ordinance states that the City Council agrees with that and designates
that area a TIF district. Subsequent to this we also have to do is develop an
agreement between the City and the Re-developer on how the TIF is going to
work from a business point of view, which has not been done yet. That is the next
step necessary. Alderwoman Ohare questioned if the Ordinance had to be done
first and Mr. Robinson stated they can happen simultaneously as well. The other
step is adopting a subsequent resolution including the re-development agreement
which we would work out between us and the City. Mayor Prochaska stated that
the re-development will specify the length of time, the funding amount and how
designating them and so on.
8
Page 9 of 12
This will go on to Admin Committee with an outline of Business Plan at that
point too. This will go to 1/6/05 Admin Committee,then on to 1/18/05 COW
along withthe parameters of the business plan and adoption of the document on
1/25/05 City Council. Mr. Graff stated that the other legal requirement the City
has is to have a vote within 14-90 days after the public hearing was conducted.
The Committee agreed to see this moving forward.
Economic Development Committee:
1. PC 2004-20 Gospel Assembly Church—11/:Mile Review: Alderman Sticka
stated this went through EDC and Plan Comm and has no issues. The Church
has agreed to allow for easements for water and sewer. The Committee
discussed where this property is located. They are willing to do annexation
agreement which Mr. John Wyeth is drafting now for the City. Mr. Tom Grant
representing the Church spoke to the Committee about where they are located
and agreed to the agreement going through. This will go to City Council subject
to easements to stay on the County's schedule. Mr. Tom Grant asked if he or
the Pastor were needed at the City Council meeting. The Committee was open
to them coming,but did not feel it was necessary for them to be there either.
2. Concord Homes 2°a Amendment to Annexation and PUD Agreement for
Raintree Village Unit 4—Public Hearing @ 12/14/04 CC: Alderman Sticka
stated they are eliminating some# of duplexes and adding town homes. Kelly
Kramer stated the other provision they did add due to the amount of units they
are adding in is requiring the developer to give an additional $29,000.00 for the
land cash prior to final plat. They are looking to here back from the developer
on agreeing to this before City Council is to vote on this. Mr. Graff stated that
there is probably not a rush to get this done, he felt the developer is looking to
do final plat in February or March. The Committee agreed they would like to
see this done soon. If they can get the agreement done it will go to the next City
Council 12/28/04, if not it will probably be seen again on 1/11/05 City Council.
3. PC 2004-23 Heartland Center Final PUD Plan/Final Plat—EDC 12/16/04:
Alderman Sticka stated this is the business/commercial area where they have
only created lots for builders to come in eventually. Kelly Kramer stated that lot
3 was shown to be very big and they amended the PUD to divide the big lot.
There are no objections to this moving forward. Kelly Kramer stated that they
have scheduled the public hearing on 1/11/05 she thought and then will go
forward from there.
Park Board:
1. Park Planner—Admin 12/1/04 and COW 11/2/04: Laura Brown stated this has
gone through Admin and is back on due to being budgeted under the revised
budget also. When it came through COW before it was asked to go to Admin to
see what was needed as far as Park or City Planner or a combination of both Park
9
Page 10 of 12
and City Planner. They have determined that with the amount of work in the
parks now,there is a need for both park and city planner. She stated that under
the revised budget the salary would come out of land cash and general funds to
balance the use of park and city planning equally to be legally balanced as well.
Under the revised budget for the rest of this fiscal year it will be budgeted under
general funds only to complete the fiscal year.
Creating this position will eliminate most, if not all, of what Mr. Mike Shoppe
does now for the City. Mike Shoppe will still be used for the projects he is
currently in the middle of now.
Alderman Munns expressed that the job description in the area of qualifications
felt too loose of a description for the actual position. The Committee discussed
this and Kelly Kramer stated that legally it is appropriate as stated and this is how
all of the job descriptions are worded. Alderman Kot pointed out the second
paragraph does give description to the background the City will be looking for.
This will move on to City Council under Admin subject to the revised budget
being approved at City Council.
2. Yorkville Youth Baseball and Softball Association 2005 Agreement—Pk Bd
11/22/04: Laura Brown stated this is a re-updating from last years agreement,
there are no changes beside date changes. They are asking for this to move
forward and renewing the agreement and to waive the fees with the policy for the
athletic fees as they did last year. This will go on to City Council as consent
agenda.
Public Works Committee:
1. Final Acceptance of River's Edge Unit 2—PW 10/25/04: Alderman Besco
stated that Unit 2 is ready to go which has been assured by the City Engineer.
This will go on to City Council as consent agenda.
Public Safety Committee:
1. No Report
Administration Committee:
1. Ordinance Abating Special Service Area Taxes for SSA#2003-100 (Raintree
Village) and Approving the Amended Special Tax Roll: Tracy Pleckham
stated to the Committee that this did not go to Admin due to time issue and they
are abating the SSA taxes for next property tax period for the levy and needs to be
taken by the next City Council on 12/28/04. She stated there are no properties
that will be assessed for Raintree or Windett. The Committee stated this is no
new information and was all aware of the situation. This is just a formality.
10
Page 11 of 12
Kelly Kramer stated their office has looked this over. This will go to City
Council for consideration.
2. Ordinance Abating Special Service Area Taxes for SSA#2003-101 (Windett
Ridge) and Approving the Amended Special Tax Roll: This is identical to
item#1 above and no further discussion was made for this area. This will also go
to City Council for consideration.
3. Mayor Pro-Term Policy—Admin 12/1/04: Kelly Kramer stated that this policy
mirrors both the Village of Tinley Park and the Illinois State Statute. Legally as
far as the policy goes everything looks good. She does want to put in a bit of a
different format tomorrow before final approval.
The Committee discussed that it does not point out a limit to having the same
person always being appointed. Kelly Kramer stated that could be added in.
They agreed to not have one member being consecutively appointed. This will
come back with the legalities written in and the Committee would like to see this
in place before next fiscal year. This will come back to COW on 1/4/04.
4. Revised Budget—Admin 12/15/04: Alderwoman Ohare stated this went through
very well. She stated that Tracy Pleckham completed 14 of the changes she had
suggested all which were positive. The Committee commented that Tracy
Pleckham did a very good job on this. Alderman Munns asked if the $37,500.00
for the Park Planner, equipment and merit was all for the new person or is it for
the transfer from Park to Rec on page 3, bottom of the page. Tracy Pleckham
stated it is 3 months of the new position salary and the equipment to outfit the
new position, licensing etc. and the merit is a transfer. Mayor Prochaska
explained the transfer process better to the Committee regarding this question.
This will go on to City Council for consideration.
Additional Business:
• Alderman Sticka brought up the placement of the business signs that have been
placed on utility poles in the right of way for the business on the corner of Route
71 and 126 for the Signs Company. The building inspector will be sent out to
speak with them on this matter.
• Alderman Sticka brought up that the Yorkville Landscaping still has not put up
any fencing. He was informed that they can now not put any up due to the ground
now being frozen. He stated that they need to post a cash bond then for the delay
and should be limited to having this done by May 1, 2005 as a due date.
• Alderman Sticka asked when Adhoc was going to have the appearance code done.
He was informed that it should be having an Adhoc meeting by the 2nd or 3rd week
of January 2005. They are still looking for one citizen at large.
11
Page 12 of 12
• Mayor Prochaska passed out a copy of an agreement that was passed between the
School District and Grande Reserve on the specifics of fees and land. The City.
Council will have to actually amend the annexation agreement to let them fmish
this change needed. The School District has been informed that the City has to
actually do this amendment and this will come before the Council in the near
future.
The meeting was adjourned at 9:25 pm.
Minutes by: Sheila Teausaw
12
,QED CO). I ( Lt' viNor,
o United City of Yorkville Memo
800 Game Farm Road
EST.I% :.1836 Yorkville, Illinois 60560
Telephone:
hone: 630-553-4350
B y Fax: 630-553-7575
114C E 0>
Date: January 5,2005
To: Bill Powell—City Treasurer
From: Traci Pleckham—Finance Director
CC: Mayor Prochaska
Subject: Addition to 01/11/05 Detailed Board Report
This is a request to include an additional payment of$125,111.23 on the 01/11/05 Detailed
Board Report payable to US Bank. I received a payment notice for the Illinois Rural Bond Bank
2003-B bond issue (Bruell Street Project)which has a due date of 01/20/05. I have attached a
copy of the notice. As revised,the 01/11/05 Bill Payments for approval is as follows:
$ 983,127.88 (Vendors)
$ 144,513.51 (Payroll Ending 12/11/04)
$1,127.641.39 Total
f.,
ET'
3
1:71bank. �, `{
Five Star Service Guaranteed ** - ',.
Corporate Trust Services
TFM-CMK
December 26,2004
Ms Traci Pleckham
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
RE: Illinois Rural Bond Bank 2003-B
Dear,Ms Pleckham
This is a reminder that a semi-annual payment for the above-mentioned bond issue is due on
2/1/2005.This payment is calculated as follows:
Principal Due: $80,000.00
Interest Due: $43,357.50
Annual Trustee Fee: $1,346.73
Annual bond Bank Fee: $407.00
Total Amount Due: $125,111.23
IF MAILING A CHECK,IT MUST BE RECEIVED IN NO LATER THAN 1/20/2005
Funds must have cleared your bank by the payment date in order for us to make timely interest and/or
principal payment to your bondholders.Please reference IRBB 2003B in wire instructions or on the Check,
when submitting your payment.
If paying by check,
Please make it payable to: US Bank
Attn: Carolyn Ketchmark-TFM
CM-9705
PO BOX 70870
ST.PAUL,MN 55170-9705.
Or:
Payments can be wired to: Bank U.S.Bank N.A.
ABA 091000022
*Please Wire By 1/25/2005 Credit: U.S.Bank Trust N.A.
Acct# 180121167365
FFC: Corp Trust - IRBB 2003B
ATTN: Carolyn Ketchmark(651)495-3863.
Also Enclosed is the Confirmation of Payment Form,copies of this form need to be sent back with
your payment and the other copy needs to be sent to Illinois Rural Bond Bank.If you have any
questions concerning this payment,please call Carolyn Ketchmark at(651)495-3863.
p►4 - -
I4D caroUnited City of Yorkville Memo
*1` 800 Game Farm Road
1 EST,i‘i r° 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
O1 ®� °"~ O� Fax: 630-553-3436
4LE ��
Date: January 5, 2005
To: Tony Graff, City Administrator From: Joe Wywrot, City Engineery_\F-,--
CC: Liz D'Anna, Deputy City Clerk
John Wyeth, City Attorney
Subject: Bruell Pump Station—Reaffirm Contract Award
Bids were received on February 17, 2004 for the referenced project, which consists of the
construction of a pump station and appurtenances at the NW corner of the Bruell
Street/Wooddale Drive intersection. The lowest responsive bidder was Seagren
Construction, Inc. of Hampshire, Illinois in the amount of$543,400. There were three non-
responsive bids, all for amounts over $600,000. There was ari alternate in the base bid
regarding the chemical storage tank that reduced contract bid amount to $541,400. The
contract was awarded to Seagren Construction by the City Council at their meeting on
March 23, 2004.
Due to difficulties in acquiring the lift station site, the contractor was never given a notice to
proceed. With the site now belonging to the city, Deuchler has recommended that we re-
affirm the contract award to Seagren in the amount of$541,400. The award would be
followed soon afterward with a change order related to using certain components of the
Heartland Circle pump station, as well as general cost increases that have occurred since the
original award.
Please place this item on the City Council agenda of January 11, 2005 for consideration.
12/21/2004 OB 37 FAX 630 553 5764 DANIEL J. KRAMER g002/008
Eby
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
THIRD AMENDMENT TO ANNEXATION
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(RAINTREE VILLAGE F/K/A THE HIGHLANDS SUBDIVISION)
NOW COMES, the UNITED CITY OF YORKVILLE,a Municipal Corporation,located
in the County of Kendall, State of Illinois,hereinafter referred to as"CITY", and WYNDHAM
DEERPOINT HOMES, an Illinois Partnership,hereinafter referred to as
"OWNER/DEVELOPER"and CONCORD HOMES,hereinafter referred to as"PETITIONER"
WITNESSETH
WHEREAS,WYNDHAM DEERPOINT HOMES has become the Successor-Owner and
Developer of Raintree Subdivision formerly known as The Highlands Subdivision,and the CITY
have previously entered into a Planned Unit Development Agreement for said Subdivision; and
WHEREAS,a portion of the subject real property designated in the attached Exhibit"A"
was zoned as a Planned Unit Development under the R-2d2 classification as defined by the
Untied City of Yorkville Zoning Ordinance providing for the construction of duplex residences;
and
WHEREAS,the Petitioner requests an Amendment to the First Amendment to
Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement
executed on December 10, 2002 to allow the construction of townhomes in accordance with the•
1
12/21/2004 08'37 FAX 830 553 5764 DANIEL J. KRAMER 8003/008
Concept Plan for Unit 4 of the Raintree Village Subdivision, a copy of which is attached hereto
and incorporated herein by reference as"Exhibit B" and within the subject real property legally
described in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, that after consideration by the United City of Yorkville Park Board,
Director of Parks and Recreation of the United City of Yorkville, and City Council the CITY
concluded this Second Amendment to the Amendment to Annexation Agreement,Annexation
Agreement and Planned Unit Development Agreement results in a net increase of eighteen
homes within the subject property; and
WHEREAS, Petitioner shall pay to the United City of Yorkville the amount of Twenty-
nine Thousand and 00/100 dollars($29,000.00)at the time of approval of Final Plat to satisfy the
increased land cash contribution required by the United City of Yorkville Land Cash Ordinance
resulting from the net increase of homes located within the subject property; and
WHEREAS,under the United City of Yorkville Land-Cash Ordinance,the CITY has the
right to elect to take cash in lieu of land and does agree to do so; and
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2
12/21/2004 08:37 FAX 830 553 5764 DANIEL J. KRAMER a 004/008
2) REAL PROPERTY EFFECTED: This Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement, the Amendment to Annexation Agreement,Annexation
Agreement and Planned Unit Development Agreement and as described in the
attached Exhibit"A"and depicted in the attached Exhibit"B".
3) OWNERJDEVELOPER hereby is authorized to construct townhomes,on the site
described in the attached Exhibit"A"so long as said construction substantially
conformances with the Concept Plan attached hereto as Exhibit"B".
4) The CITY agrees that OWNER/DEVELOPER shall pay the sum of Twenty-nine
Thousand Dollars and 00/100 ($29,000.00)as the cash equivalent for land-cash
contributions in lieu of dedicating park land described in the attached Exhibit"A"
pursuant to the United City of Yorkville Land-Cash Ordinance at the time of Final
Plat.
5) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
the parties hereto have full and express authority to enter into an Amendment of
the original Planned Unit Development Agreement and the Amendment to
Annexation Agreement,Annexation Agreement and Planned Unit Development
Agreement recorded with the Kendall County Recorder of Deeds on January 28,
2003 as Document Number 200300002858.
6) RATIFICATION: All parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement
and the Amendment to Annexation Agreement,Annexation Agreement and
3
12/21/2004 06:37 FAX 630 553 5764 DANIEL J. KRAMER VI 005/008
Planned Unit Development Agreement have been amended herein,all other terms
of the original Planned Unit Development Agreement are hereby ratified,re-
published, and reconfirmed between the parties hereto and remain the agreement
of the parties. OWNER/DEVELOPER warrants that PETITIONER shall stand in
the position of a successor and assign of OWNER/DEVELOPER as to all rights
and liabilities accruing under the original Planned Unit Development Agreement
and the Amendment to Annexation Agreement,Annexation Agreement and
Planned Unit Development Agreement.
7) SEVERABILITY: Should any provision of this Annexation Amendment be
found to be unenforceable by a Court of competent jurisdiction,the remaining
terms and conditions of this Amendment to Planned Unit Development
Agreement as well as the original Planned Unit Development Agreement shall
remain in full force and effect.
8) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville,IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S.Bridge St.
Yorkville,IL 60560
PETITIONER: Bill French
Concord Homes, Inc.
1540 E. Dundee Rd., Ste. 350
Palatine, IL 60074
9) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all
4
12/21/2004 08 37 FAX 630 553 5764 DANIEL J. KRAMER 11006/008
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Amendment shall be performed in a timely manner by all parties
hereto.
IN WITNESS WHEREOF,the undersigned parties have executed this Second
Amendment to Planned Unit Development Agreement this day of
20
CITY:
UNITED CITY OF YORKVILLE
By:
Attest:
Dated:
OWNER/DEVELOPER:
Wyndam Deerpoint Homes
An Illinois Limited Liability Corporation
By:
Attest:
Dated:
5
12/21/2004 08:37 FAX 630 553 5764 DANIEL J. KRAMER 1007/00B
PETITIONER:
CONCORD HOMES
By: -
Attest:
Date:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
6
12/21/2004 08:37 FAX 630 553 5764 DANIEL J. KRAMER Ia008/00B
EXHIBIT LIST
Exhibit"A" - Legal Description
Exhibit"B" - Concept Plan for Unit 4 of Raintree Village
7
Eb 3a .
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A SECOND AMENDMENT TO
HEARTLAND SUBDIVISION
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Second Amendment to Annexation and Planned Unit Development
Agreement permitting the subdivision of Lot 3 in Heartland Center Unit 1 of the real property
previously annexed to the United City of Yorkville in accordance with the Plat of Subdivision
attached hereto and incorporated herein by reference as Exhibit"A";and
WHEREAS, said Second Amendment to Annexation 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
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,
—1—
on behalf of the City, a Second Amendment to Annexation and Planned Unit Development
Agreement permitting the subdivision of Lot 3 in Heartland Center Unit 1 of the real property
previously annexed to the United City of Yorkville in accordance with the Plat of Subdivision
attached hereto and incorporated herein by reference as Exhibit"A", a copy of the Second
Amendment to Annexation 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.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 20
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
day of , A.D. 20
Attest:
CITY CLERK
—2—
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
—3—
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
SECOND AMENDMENT TO
HEARTLAND SUBDIVISION
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, HOBSON HOLLOW, INC., an Illinois Corporation is the OWNER of
certain real property within the United City of Yorkville,Kendall County, Illinois commonly
known as"HEARTLAND SUBDIVISION"; and
WHEREAS, RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation, is the
DEVELOPER of certain real property within the United City of Yorkville, Kendall County,
Illinois commonly known as"HEARTLAND SUBDIVISION";and
WHEREAS, HOBSON HOLLOW, INC., an Illinois Corporation and RICHARD
MARKER ASSOCIATES, INC., an Illinois Corporation are herein after collectively referred to
as Petitioner; and
WHEREAS, the Petitioner requests an amendment to the Annexation and Planned Unit
Development Agreement executed on December 29, 1999 to permit the subdivision of Lot 3 in
Heartland Center Unit 1 of the real property annexed to the United City of Yorkville in
accordance with the Plat of Subdivision attached hereto and incorporated herein by reference as
Exhibit"A";and
WHEREAS, a hearing was held before the Plan Commission of the United City of
Yorkville and it was unanimously recommended to the City Council to approve the requested
—1—
change in the Annexation and Planned Unit Development Agreement, and further that this Second
Amendment to Annexation and Planned Unit Development Agreement shall only affect the real
property described in the attached Exhibit "A"; and
WHEREAS, a Public Hearing was held at the City Council of the United City of Yorkville
as required by Illinois Compiled Statues:
NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of
those voting, the following Second Amendment is made to the Annexation and Planned Unit
Development Agreement of Heartland Subdivision entered into by and between the United City of
Yorkville and the OWNER/DEVELOPER of the subject property as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained
recitals are an integral part of this Agreement and hereby adopt those recitals as part of this
Agreement.
2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the
parties hereto have full and express authority to enter into an Amendment of the original Planned
Unit Development Agreement to which this Amendment is appended pursuant to that Agreement.
3) That upon approval of this Second Amendment to Planned Unit Development Agreement
OWNER/DEVELOPER shall be permitted to subdivide Lot 3 in Heartland Center Unit 1 in
accordance with Exhibit"A".
4) The various parts, sections, and clauses of this Agreement are hereby declared to be
severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or
invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected
thereby.
—2—
5) Any prior Agreement between the parties or parts thereof in conflict with the provisions of
this Agreement are null and void as to the extent of such conflict. This Agreement shall be in full
force and effect from and after its execution, passage and approval as provided by law.
—3—
DEVELOPER:
RICHARD MARKER ASSOCIATES,
INC., an Illinois Corporation
By:
Attest:
DATED:
—4—
OWNER:
HOBSON HOLLOW, INC.,
an Illinois Corporation
By:
Attest:
DATED:
—5—
UNITED CITY OF YORKVILLE
MAYOR
ATTEST:
CITY CLERK
DATED:
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—6—
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
ORDINANCE ANNEXING PROPERTIES TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
(Bruen Street Pump Station)
WHEREAS, a written petition, signed by the legal owner of record of all land within the
territory hereinafter described, has been filed with the City Clerk of THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois,requesting that said territory legally described in Exhibit
"A"attached hereto and incorporated herein by reference be annexed to THE UNITED CITY OF
YORKVILLE;and
WHEREAS,there are no electors residing within the said territory;and
WHEREAS,the said territory is not within the corporate limits of any municipality but is
contiguous to THE UNITED CITY OF YORKVILLE;and
WHEREAS, legal notices regarding the intention of THE UNITED CITY OF
YORKVILLE to annex said territory have been sent to all public bodies required to receive such
notice by state statute;and
WHEREAS, copies of such notices required to be recorded, if any, have been recorded in
the Office of the Recorder of Kendall County; and
WHEREAS, all petitions, documents, and other necessary legal requirements are in full
compliance with the terms of the annexation agreement and with the statutes of the State of
Illinois, specifically Section 7-1-8 of the Illinois Municipal Code;and
WHEREAS, it is in the best interests of THE UNITED CITY OF YORKVILLE that the
territory be annexed thereto,
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 territory legally described in Exhibit "A"
being indicated on an accurate map of the annexed territory, which is attached hereto and
incorporated herein, is hereby annexed to THE UNITED CITY OF YORKVILLE.
Section 2: THAT the City Clerk is hereby directed to record with the Recorder and to
file with the County Clerk a certified copy of this Ordinance,together with the accurate map of
the territory annexed appended to the Ordinance.
Section 3: THAT the territory described in Exhibit "A"is hereby annexed and zoned as
United City of Yorkville Estate Class One-Family Residence District.
Section 4: THAT this Ordinance shall be in full force and effect from and after its
passage, approval, and publication as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 20 .
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois,this
day of ,A.D. 20 .
Attest
CITY CLERK
12/16/2004 12:34 FAX 830 553 5764 DANIEL J. KRAMER II005/007
' LEGAL DESCRIPTION
BRUELL ST. PUMP STATION SITE
11/21/04
THAT PART OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 37
NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 5 OF WOODWORTH ESTATES
PHASE THREE,YORKVILLE,KENDALL COUNTY,ILLINOIS ACCORDING TO THE
PLAT THEREOF RECORDED NOVEMBER 1, 2001 AS DOCUMENT 01-22893 IN
KENDALL COUNTY, ILLINOIS, SAID CORNER ALSO BEING THE NORTHEAST
CORNER OF LOT 1 OF GAWNE SUB LOT PLATACCORDING TO THE PLAT
THEREOF RECORDED IN SLOT 259 IN THE OFFICE OF THE COUNTY RECORDER,
IN KENDALL COUNTY, ILLINOIS; THENCE EASTERLY ALONG A NORTHERLY
LINE OF SAID PHASE THREE,BEING ALONG A CURVE TO THE LEFT HAWING A
RADIUS OF 3047.0 FEET FOR 43.67 FEET, TO A POINT OF COMPOUND
CURVATURE,THE BACK TANGENT TO SAID CURVE FORMING AN ANGLE OF 176°
06' 34"• WITH THE NORTH LINE OF SAID GAWNE SUB (AS MEASURED
CLOCKWISE THEREFROM); THENCE EASTERLY AND NORTHERLY ALONG A
NORTHERLY AND WESTERLY LINE OF SAID PHASE THREE, BEING ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 25.0 FEET FOR 42.13 FEET TO.A
POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A WESTERLY
• LINE OF SAID PHASE THREE,BEING ALONG A CURVE TO THE RIGHT,HAVING
A RADIUS OF 630.0 FEET FOR 141.88 FEET TO A POINT OF TANGENCY; THENCE
NORTHERLY ALONG SAID WESTERLY LINE, TANGENT TO THE LAST
DESCRIBED CURVE 'AT THE LAST DESCRIBED POINT 29.85 FEET TO THE
SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED.ON A QUIT CLAIM
DEED TO YORKVILLE LIONS SWIM CLUB INC.,RECORDED OCTOBER 18,1982 AS
DOCUMENT 82-3535; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF
SAID LANDS, FORMING AN ANGLE OF 81° 57' 06" WITH THE LAST DESCRIBED
COURSE (AS MEASURED CLOCKWISE THEREFROM), 200.00 FEET; THENCE
SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 91°32'50"WITH THE LAST
DESCRIBED COURSE(AS MEASURED CLOCKWISE THEREFROM),182.32 FEET TO
SAID NORTH LINE OF GAWNE SUB.; THENCE EASTERLY ALONG SAID NORTH
LINE,FORMING AN ANGLE OF 94°51' 52" WITH THE LAST DESCRIBED COURSE
(AS MEASURED CLOCKWISE THEREFROM), 128.31 FEET TO THE POINT OF
BEGINNING,CONTAINING 0.857 ACRES,IN KENDALL COUNTY,ILLINOIS.
5
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO.2004-
ORDINANCE ANNEXING PROPERTIES TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
(Countryside Pump Station)
WHEREAS, a written petition, signed by the legal owner of record of all land within the
territory hereinafter described, has been filed with the City Clerk of THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois,requesting that said territory legally described in Exhibit
"A"attached hereto and incorporated herein by reference be annexed to THE UNITED CITY OF
YORKVILLE; and
WHEREAS,there are no electors residing within the said territory;and
WHEREAS,the said territory is not within the corporate limits of any municipality but is
contiguous to THE UNITED CITY OF YORKVILLE;and
WHEREAS,legal notices regarding the intention of THE UNITED CITY OF
YORKVILLE to annex said territory have been sent to all public bodies required to receive such
notice by state statute; and
WHEREAS,copies of such notices required to be recorded, if any, have been recorded in
the Office of the Recorder of Kendall County; and
WHEREAS,all petitions, documents, and other necessary legal requirements are in full
compliance with the terms of the annexation agreement and with the statutes of the State of
Illinois, specifically Section 7-1-8 of the Illinois Municipal Code;and
WHEREAS, it is in the best interests of THE UNITED CITY OF YORKVILLE that the
territory be annexed thereto,
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 territory legally described in Exhibit "A"
being indicated on an accurate map of the annexed territory, which is attached hereto and
incorporated herein, is hereby annexed to THE UNITED CITY OF YORKVILLE.
Section 2: THAT the City Clerk is hereby directed to record with the Recorder and to
file with the County Clerk a certified copy of this Ordinance,together with the accurate map of
the territory annexed appended to the Ordinance.
Section 3: THAT the territory described in Exhibit "A"is hereby annexed and zoned as
United City of Yorkville Estate Class One-Family Residence District.
Section 4: THAT this Ordinance shall be in full force and effect from and after its
passage, approval, and publication as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 20 .
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,this
day of ,A.D. 20
Attest
CITY CLERK
LEGAL DESCRIPTION
THIS IS TO CERTIFY THAT WALTER E. DEUCHLER ASSOCIATES, INC., AN
ILLINOIS PROFESSIONAL DESIGN FIRM CORPORATION,HAS SURVEYED
THAT PART OF THE WEST HALF OF SECTION 21,TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 5, BLOCK
9, COUNRTYSIDE CENTER UNIT NO. 4, YORKVILLE,KENDALL COUNTY,
ILLINOIS; THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID LOT
5.24 FEET TO A LINE PARALLEL WITH AND 45.0 FEET WESTERLY OF THE
CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 BEING THE SOUTHWEST
CORNER OF A TRACT OF LAND CONVEYED TO THE PEOPLE OF THE STATE
OF ILLINOIS (AS TRACT NO. 1)BY DOCUMENT 911035 RECORDED FEBRURAY
25, 1991 FOR A POINT BEGINNING;THENCE NORTHERLY ALONG SAID
PARALLEL LINE (BEING THE WESTERLY LINE OF THE STATE OF ILLINOIS
TRACT) FORMING AN ANGLE OF 72.30' FROM THE PROLONGATION OF THE
LAST DESCIBED COURSE(MEASURED CLOCKWISE THEREFROM) 264.70
FEET; THENCE WESTERLY ALONG A LINE PERPENDICULAR TO THE LAST
DESCRIBED COURSE 184.93 FEET; THENCE SOUTHERLY ALONG A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE 206.39 FEET TO THE
NORTHERLY LINE OF SAID LOT; THENCE EASTERLY ALONG SAID
NORTHERLY LINE 193.91 FEET TO THE POINT OF BEGINNING IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 1.000 ACRE
ALL AS SHOWN ON THE PLAT HEREON DRAWN WHICH IS A CORRECT
REPRESENTATION OF SAID SURVEY. ALL DISTANCES ARE GIVEN IN FEET
AND DECIMAL PARTS THEREOF.
4,1) CST o United City of Yorkville Memo
-1D2,1,..,1` 800 Game Farm Road
E ; Nam_rm° 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
'
—a— Fax: 630-553-7575
4CE 0
Date: January 10, 2005
To: Mayor and City Council
From: Lisa Pickering
CC: Department Heads
Subject: Additional information for City Council packet-January 11, 2005
Attached please find information on Admin Item#1 -Resolution Approving Volunteer Sick
Leave Donation. Please add this information to your packet.
SEYEWE
ATTORNEYS S --1 I���I\jLCP
11 1 l► T 55 East Monroe Street
Suite 4200
Chicago,Illinois 60603
(312)346-8000
Fax(312)269-8869
www.seyfarth.com
Memorandum
ATTORNEY-CLIENT PRIVILEGED
TO: Traci Pleckham co-
Finance Director
United City of Yorkville
0
FROM: Abigail C. Rogers
DATE: January 6, 2005 3
RE: Sick Leave Donation Policy
oc
You had requested that we provide an opinion as to the potential exposure of the City
under a proposed sick leave donation policy. We had previously discussed the development of
such a policy and the role of the City in administering such benefits. As we discussed,the City
did not want to create a formal benefit that it was responsible for administering. However, if
employees wanted to assist another employee by donating sick time,the City would be willing to
facilitate the donation of time to another employee by transferring the time on the books. The
City may incur a financial cost under the policy to the extent that donated time is paid out to an
employee who is at a higher rate of pay than the employee who donated the time.
Per our discussions, we drafted language to address the City's concerns and created an
entirely voluntary program. In our view, such a program would be unlikely to present a direct
risk of liability to the City for discrimination, provided the program is uniformly administered in
a fair and even-handed manner. It is our understanding that the City intends to uniformly
administer the program to all employees and to apply the policy in a manner that is consistent
with its other policies. So, for example, the City reserves the right to approve usage of sick leave Z
by virtue of the sick leave policy. The City does not need to permit the use of donated sick leave
under circumstances that do not otherwise qualify for sick leave usage under the sick leave
policy.
0
To encourage uniform administration of the program,you might want to revise the policy
to have sick leave donations be submitted directly to the Finance Director for approval.
Removing an employee's supervisor from the process could also minimize opportunities an
employee to raise challenges based on the administration of the sick leave donation program.
For example, a employee's supervisor would not then know which employees did or did not
z
CHI 10838688.1
a
S
'"' "` TH ATTORNEY-CLIENT PRIVILEGED
ATTORNEYS SHAW Page t
donate sick leave time to another employee and could not be said to treat employees differently
on that basis (this could insulate supervisors from allegations like they denied an employee's
vacation request because he did not contribute sick time).
Although the policy provides that all donations are anonymous, employees may talk and
may well know which employees participated in sick leave donation and which did not or that
one employee received more donated sick time than another. While we cannot prohibit an
employee from telling another employee about their participation in the program, an individual
employee's voluntary decision should not lead to discrimination liability for the City to the
extent the City did not encourage or discourage participation in the program. Supervisory and
management personnel must not treat similarly-situated employees differently.
Please let me know ifan ou have further questions.
Y Y
cc: Robert J. Smith Jr.
CHI 10838688.1
D CO
tot: United City of Yorkville
836Volunteer Sick Leave Donation Policy
ESTo 1/10/2005
144
� o
In recognition of the financial hardship that an extended, catastrophic illness can cause
employees,the City is willing to facilitate the voluntary donation of sick leave among
employees. If an employee voluntarily requests that the City transfer a portion of that
employee's accrued sick time to an employee with a catastrophic illness, the City will facilitate
that transfer. Such a request may be submitted in writing to the Finance Director or designee
which in turn forwards the request to the Payroll/Benefit Specialist for
processing. The name of the donor will be kept anonymous.
An employee seeking to donate sick leave will be required to retain 30 days of sick leave time,
but is not otherwise limited in the amount of sick leave time the employee can donate. An
employee who receives donations of sick time from other employees will only be allowed to use
that sick time when the employee has otherwise exhausted all accrued time off.
Prior to approving the use of donated sick time and consistent with the City's sick leave policy,
the City may require that the employee who receives donated sick time submit medical
documentation supporting the continued use of sick time.
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO: 2005-
RESOLUTION APPROVING VOLUNTEER SICK LEAVE DONATION POLICY
WHEREAS,the Mayor and City Council deem it in the best interest of the United City of
Yorkville to develop a policy regarding Volunteer Sick Leave Donations; and
WHEREAS, the purpose of such a policy is to assist in the financial hardship that an
extended, catastrophic illness can cause employees;
WHEREAS, after extensive study and review, the City Staff, Mayor and City Council
developed a policy regarding Volunteer Sick Leave Donation which is attached hereto as Exhibit
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Aldermen voting, that
the City hereby adopts the United City of Yorkville Volunteer Sick Leave Donation Policy
attached hereto as Exhibit"A".
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 l 1th day of January, 2005.
Mayor
Page 1 of 2
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this 11th day of January 2005.
City Clerk
Page 2 of 2