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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 2 Page 3of10 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. 3 Page 4 of 10 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. 4 Page 5 of 10 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. 5 Page 6 of 10 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, 6 Page 7 of 10 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 7 Page 8 of 10 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 8 Page 9 of 10 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. 9 Page 10 of 10 • 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 10 Page 1 of 12 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. 1 Page 2 of 12 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. 2 Page 3 of 12 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 3 Page 4 of 12 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 4 Page 5 of 12 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