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City Council Packet 2005 06-14-05 `, ED c/T o United City of Yorkville 1 .e County Seat of Kendall County 800 Game Farm Road EST. ,_ ' 1836 Yorkville, Illinois, 60560 "6Telephone: 630-553-4350 (f;,:� $,, Fax: 630-553-7575 4.4.) Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 6/13/05 Tuesday,June 14,2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, June 27, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, June 16, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, July 7, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, July 14, 2005 City Hall Conference Room Presentations: 1. Certificate of Recognition to Jonathan Sebby 2. Presentation of 2004 Alliance Against Intoxicated Motorists Awards to Officer Robbie Hart and Officer Jeff Johnson City Council Meeting Agenda June 14, 2005 -- - Page 2 Public Hearings: 1. McCue Builders, Inc., Blackberry Woods, LLC and Youth Camp Association of District 12 & 13 Polish National Alliance of the United States of America,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District and R-4 General Residence District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 60 acres at 10701 River Road, Bristol Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. In-Town Road Program a. Roadway Contract Construction Inspection—authorize contract with Smith Engineering Consultants, Inc.for construction observation/staking services for the Phase 1 roadway contract of the 2005 in-town road program in an estimated amount of$89,386.25 and authorize City Engineer to execute b. Contract for Construction Materials Testing and Inspection—authorize contract with Professional Service Industries, Inc. in an estimated amount of$6849.50 and authorize City Engineer to execute 2. IDOT Highway Permit and Resolution for Windett Ridge—authorize Mayor and City Clerk to execute 3. IDOT Highway Permit and Resolution for 5/3 Bank—authorize Mayor and City Clerk to execute 4. Autoserve Carwash Sidewalk Agreement—authorize City Administrator to execute 5. Prairie Gardens Resubdivision of Lot 4—Line of Credit Reduction#1 —authorize reduction in an amount not to exceed$184,178.40 6. Illinois Railnet Pipeline Crossing Agreement for Raw Water Main Project—authorize payment to Illinois Railnet, Inc. in an amount not to exceed$8,150.00 and authorize Mayor and City Clerk to execute 7. Fox Industrial Park Project—MFT Appropriation Resolution—authorize City Clerk to execute 8. Building Permit Reports for February, March, and April 2005 9. Institutional Control Ordinance for Groundwater Protection—XPAC—authorize Mayor and City Clerk to execute 10. Countryside Interceptor Sanitary Sewer Easement—authorize Mayor and City Clerk to execute subject to final review by the City Attorney 11. Rob Roy Creek Interceptor Contract#1 —Change Order#3 —authorize increase in an amount not to exceed $8659.25 and authorize City Engineer to execute 12. Rob Roy Creek Interceptor Contract#2—Change Order#1 —authorize increase in an amount not to exceed $27,076.00 and authorize City Engineer to execute 13. Sidewalk Replacement Program—approval not to exceed$2,500.00 to be expended for the homeowner's replacement program and authorize the City Engineer to approve homeowner's request City Council Meeting Agenda June 14, 2005 Page 3 Consent Agenda (con't) 14. 2005 In-Town Drainage Improvement— Change Order#2—authorize increase in an amount not to exceed $13,800.00 for the re-alignment of the storm sewer on Liberty Street and authorize Mayor, City Clerk, and City Engineer to execute 15. Wetland Design Proposal for Bristol Bay Master Plan Community—subject to receiving funds from Centex and legal review by the City Attorney Plan Commission/Zoning Board of Appeals: 1. Plan Commission Report for June 8, 2005 Minutes for Approval (Corrections and Additions): Minutes of City Council— April 26, 2005 and May 10, 2005 Minutes of Committee of the Whole—March 15, 2005 and April 6, 2005 Bill payments for approval from the current BM List(Corrections and Additions): Checks total these amounts: $ 672,127.17 (vendors - FY 04/05) $ 830,747.78 (vendors -FY 05/06) $ 164,140.01 (payroll period ending 5/14/05 - FY 05/06) $ 168,211.21 (payroll period ending 5/28/05 - FY 05/06) $ 1,835,226.17 (total) Reports: Mayor's Report: 1. Recommendation of Re-Appointment of City Attorney, City Engineer, Director of Public Works, Chief of Police, and Building Code Official 2. Update Report on Beecher Center Facility Use for Seniors 3. Human Resource Commission Meeting Change to 3rd Wednesday of each Month, Effective with July's Meeting City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: City Council Meeting Agenda June 14, 2005 Page 4 Reports (con't): Chief of Police Report: Executive Director of Parks &Recreation Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. Southwest Sanitary Sewer Interceptor—Illinois Railnet License Agreement Economic Development Committee Report: 1. Ordinance Adopting Appearance Code Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Ordinance Authorizing $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A for the In Town Road Program Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 ;PUBLIC WORKS' Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James City Council Meeting Agenda June 14, 2005 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't) LECONOMIC DEVELOPMENT; --------------- Committee Departments Liaisons Chairman: Alderman Munns Planning& Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETI' Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie ;ADMINISTRATION] Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd AD-HOC: TECHNOLOGI1 Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer -R..) )1) c -itccu J STATE OF ILLINOIS ) COUNTY OF KENDALL ) PROPOSED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND McCUE BUILDERS, INC. AND BLACKBERRY WOODS, LLC DEVELOPER (BLACKBERRY WOODS SUBDIVISION) NOW COMES, McCUE BUILDERS, INC. and BLACKBERRY WOODS, LLC OWNER/DEVELOPER of certain real property described in the attached Exhibits "A" and B, and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, who hereby enter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plan of Subdivision to be approved by the City Council of the United City of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNER/ DEVELOPER and the CITY to annex and develop the subject real property described in the attached Exhibits "A" and "B" as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER/DEVELOPER to provide 1 for specific performance standards in the development of the subject property; and 3) WHEREAS, each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville Community School District#115 by development of said real property; and 4) WHEREAS, the DEVELOPER have agreed to perform certain requirements made by the United City of Yorkville. 5) WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY and is not within the corporate boundaries of any other municipality; and 6) WHEREAS, the OWNER/DEVELOPER desires to annex the said real property described in the attached Exhibits "A" and "B" into the CITY, its Plan Commission has considered the Petition, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 7) WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and 8) WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had a Public Hearing with the Plan Commission as to the annexation and the City Council as to this Agreement, and prior to the execution hereof, notice was duly published 2 and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree, as follows: A) The Subject Property in the attached Exhibits "A" and "B" shall be annexed to the United City of Yorkville and zoned in conformance with each unit or zoning set forth in the approved Preliminary Planned Unit Development Plan, consisting of a Preliminary Plat, copies of which are attached hereto and incorporated herein as Exhibit "C" and made a part hereof, the Legal Description labeled Exhibit "A" providing for R-2 PUD and the Legal Description labeled Exhibit "B" providing for R-4 Multi Family Residential District, and shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto and incorporated herein by reference as part of Exhibit "C"; The Subject Property shall further be developed and improved according to the Preliminary Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit"D". B) That areas of the development shall be governed by the following performance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1) The average lot sizes for the R-2 PUD single family area of the development shall be a minimum of 12,000 square feet with lot sizes generally following the lot sizes set out and calculated on the 3 approved Preliminary Plat as set out in the attached Exhibit "C". Lt sixes for the R-4 portion of the development shall be determined by the zoning requirements of the United City of Yorkville's Subdivision Control Ordinance. 2) The portion of the property zoned R-2 Single Family Residential and the portion of the property zoned R-4 Multifamily Residential District, only a Preliminary Plat is approved hereby; and DEVELOPER shall be required to submit a Final Plat as well as comply with all requirements of the CITY Planned Unit Development Ordinance. 3) Front and side yard setbacks shall be in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 4) Rear yard setbacks shall be in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 5) The CITY agrees to allow the following signage to be used in the development as set out in the attached Exhibit"E": Project signs: DEVELOPER shall be allowed two project signs in 4 conformance with the attached Exhibit "E". Said signs can be two-sided with a maximum area of 120 square feet per side and a maximum height of fifteen feet. Neighborhood signs: DEVELOPER shall be allowed one billboard sign to be located at the intersection of Route 34 and Cannonball Trail; one Subdivision Monument Sign at the Primary entrance of said subdivision; and three neighborhood column signs to be located in conformance with the attached Exhibit "E" and the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 6) The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "F" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Variations"). 7) That the OWNER/DEVELOPER has agreed to satisfy the United City of Yorkville Parks Land/Cash Ordinance through the contribution of a park site of 4.41 acres, which shall be deeded to the United City of Yorkville at the time of recording of the First 5 Final Plat of Subdivision. In the event the land conveyance does not totally satisfy Ordinance requirements the DEVELOPER shall pay any excess contributions due the United City of Yorkville or shall satisfy the United City of Yorkville Land Cash Ordinance requirements for school to the Yorkville Community School District #115 in conformance with the United City of Yorkville Land/Cash Ordinance in effect, as specified in Section J, at the date of Final Plat approval as to each respective phase or unit of the R-2 One-Family Residential District, and R-4 General Residence District portions of the development. For all residential phases of said subdivision, payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject single-family building permit for each respective dwelling unit. No Land Cash Contribution shall be charged for any portion of the development developed as non-residential. 8) In order to facilitate maintenance of all common areas, detention facilities and common subdivision monument signage DEVELOPER shall form an Illinois Not-For-Profit Corporation and provide an initial estimated budget, by-laws and assessment terms creating a mechanism for said open space improvements maintenance prior to or simultaneous with the first Final Plat of Subdivision being approved by the City Council. 6 9) In order to provide for the maintenance of open space DEVELOPER agrees to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units of said subdivision, in the event the Homeowners Association for Blackberry Woods fails to carry out its maintenance responsibilities. C) That the development of said property shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, City School Transition Fee Ordinance, and City Development Fee Ordinance, payable at the time of annexation, which have been voluntarily contracted to between the parties and agreed to by DEVELOPER as a condition of approval of the Planned Unit Development Agreement. DEVELOPER, except to the extent varied by this Agreement, the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, City School Transition Fee, and City 7 Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers, however, will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. D) The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as School Transition fees per residential dwelling unit in said subdivision for both the areas of the real property zoned R-2 Single Family Residential District and R-4 Multifamily Residential District, to the Yorkville Community School District #115, Two Thousand One Hundred Dollars ($2,100.00) in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances as stated in Exhibit "G." Said Transition, Development, and other fees for each zoning classification shall be paid on a per dwelling unit basis concurrent with and prior to the issuance of each respective subject building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fee, or School-Park Land Cash Fees shall be charged on any real property zoned for business or manufacturing purposes under the terms of 8 this Agreement. Development fees which are charges on a residential unit basis by the city shall be payable for model homes in the R-2 and R-4 areas at the time of the issuance of the occupancy permits by the City for each respective model unit . The water and sanitary sewer recapture fees shall also be payable at the time of the issuance of the occupancy permits for each respective model unit. E) Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control: A) Roadway right-of-ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plat. F) This Agreement shall inure to the benefit of and be binding upon the successors, heirs, assigns of each party hereto. G) If any portion of the Agreement were determined to be invalid by a court of competent jurisdiction, the remaining portions thereof shall be in full force and effect between OWNER/DEVELOPER and the CITY. H) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty (20) years. In the event construction is 9 commenced within said twenty (20) year period, all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement by the City and OWNER/DEVELOPER. I) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. J) The CITY agrees to adopt any Ordinances, which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and Ordinance authorizing the Mayor and City Clerk to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. k) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers, however, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other 10 Ordinances of the CITY affecting the subdivision that benefit the OWNER/DEVELOPER, said modifications shall be effective as top the subdivision in the event OWNER/DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of , 2005. UNITED CITY OF YORKVILLE Kendall County, Illinois By: Mayor By: City Clerk OWNER/DEVELOPER By: 11 EXHIBIT LIST Exhibit A Legal Description for area zoned R-2 PUD Exhibit B Legal Description for area zoned R-4 Multi Family District Exhibit C Preliminary Plat Exhibit D Landscape Plan Exhibit E Signage Exhibit F Permitted Variations Exhibit G Fee Schedule 12 rr 5 - - �RCJECT SHEET 1 OF 1 LOCATION ! SITE DATA LAND USE • - -.-- ' FOR EXISTING ZONING: `+a:, i COUNTY AG. PROPOSED ZONING: R-2 R-4 UNITS: 56 LOTS 76 LOTS AVERAGE LOT SIZE: 14,698 S.F. 9,659 S.F. BLAC"ERRY WOODS SUBDIVISION MIN. LOT SIZE: 12,000 FT. 8,160 S.T. MIN. LOT WIDTH: 80 FT. 65 FT. MIN. FRONT YARD: 30 FT. 30 FT. �T MIN. REAR YARD: 30 FT. 25 FT. 1 t MIN. CORNER YARD: 30 FT. 20 FT. MIN, SIDE YARD 10% OR 9 FT. 10% OR 7 FT. YORK ILLINOIS X! STORMWATER MANAGEMENT AREA: 8.21 AC. PARK: 3.67 AC. R-2 AREA: 34.05 AC. 1.64 UNITS/AC. (NET) R-4 AREA: 25.95 AC. TOTAL: 60 ACRES GROSS DENSITY: 2.20 UNITS/ACRE 100 50 0 100 m { LOCATION A�tA P EASEMENT FOR ENTRANCE, SCALE: 1„ =100' MONUMENT & PLANTING 31' LANDSCAPE BERM EASEMENT C�1A1NtOlf' 3M SfON .•,,f I{fi,.,. 4 ,h• j, � e ti P�i3t DOG.9137b4 TW PER DOC.YYf, I 1 POINTOF BEGINNING 1471010.1.WONTY WRX GUMNO GOMIH6N]N r PFR DOC.896707 MN: 04-29-1°D-°D6 2 3 4 PARCEL DESCRIPTION az ,•t.•. .:.:�;.•..'�` - ... `Fi i ;^. ,.!!.r,,, ;r. f•��,"-` F ,sem} �:�;•.s�?�>�67f.• THAT PART OF THE WEST HALF OF SECTION 29 , TOWNSHIP 37 V LRiE 9P pS2OPEAI V ONCE a 47 3 209 9 9rlrlm er z.�F71GfR P N 88'29'52' E.{N 89'05'40" E) 059:1y';'.;,„ ., w DESCRIBEDNAS FOLGE 7 LOWS : COMMENCING ATST OF THE THIRD ITHE PSOUTHWEST AL ACORNER F PLANNED UNIT DE TWL OPMENT WLLE, - -_ - 13,842 S.F. �'- OF SAID SECTION 29 ; THENCE NORTH 00 DEGREES 39 MINUTES 14 �.__.__ _ 7_7f_7E2 :- 1. :� 15 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION , 10 - { j �. 17,756 �F. o / 3389 . 57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE .. .. . . .. { 1 j �..1 'I G I 24,671 S.F. i { I: I. 1 y y ._._. t� y.. . .i. o k f �, I / 170 �. . .. . .. .-- y i . _. .. _ k d , 65 0 64 .� } 4 __ .�.1. .. .. Pa . ... f� / \ i - -� SOUTH LINE OF PROPERTY ONCE OWNED BY T . SPENCER FOR A .. fi�-�:--:•�°:72:---� .:. � LI .� . ..67 611 63 � o,s1s-s.�.- r 1 60.-_-.-..i o0D s.F: o ova s.FiaSDD-s.t :-i ;soD:-s�F. .i. .. : `.1 ?, 41:s:F : r' : / /,w 2 \ a�p0 e�s � ',a24¢ s --- 14,zdDsf PO NT OF B GiNN NG T ENCS NORTH 89 DE REFS 05 MINUT S .. 1- 5g 5L14,730 S.F00 I SECONDSEEAST I ALONGHSAID FENCE LINE ,G2059 . 1 1 FEETE. . .. --- - .. � -16V . -� - � - - - ss�'�:.-.. -- . ..�.-.- .� � .� .- .� .-.-.�.- . .-.�-- -�-�t- -�-�--;---�- .- -.�,- . .. ... .. _. � 7,3 S.F, o �=.34 9' 1 � ~ T 1 1 1 -� �''• THENCE SOUTH 12 DEGREES 13 MINUTES 34 SECONDS EAST ALONG = EES t=5'2' �� ` "g / , 7gi t., THE LINE OF A FENCE WHICH FORMS AND ANGLE OF 101 DEGREES . . �- t �9 - / �', b 13 • 1 18 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE , V a: „tom G 22,013 S. MEASURED COUNTER-CLOCKWISE THEREFROM, 521 . 27 FEET ; 67+00 ee+oo es+oa [n O -?0�0 1+ 9 72f00 ' LW273' 1 '`' `' OUTLOT2• �� '-- 16,945 S.F. sa1uPP.awv�eevr THENCE SOUTH 06 DEGREES 25 MINUTES 33 SECONDS WEST ALONG 189,544 SF. P9k aQ z9-13o-0,4 31 \ oo s o , ,?�s ' -� MANUTESN2� SECONDS 7WEST ALONG SA�DCFENOETLINE 427R66S 5 ��(Y' .. - . .- -- - - _- 3.89 Ac. ti` ray ail 7' FEET , THENCE SOUTH 20 MINUTES 47 MINUTES 54 SECONDS WEST _ r . JT2 t \\ 6, 6'S.F. L_3 �O 9S3 $ _ , a i2 4"t-, tJ s. . ALONG SAID FENCE LINE , 102 .40 FEET TO THE SOUTH LINE . .{. .. .. .. .. . a1 . I .1. - o ) d G b.8 .. / :' '�° / = 3 s' ; 4 / / b K EXTENDED WESTERLY OF LOT 4 IN CONOVER' S THIRD 9,430S.F: �. - ._: . 6_. .. � ..J7_. I p.. .. .. .. ... . '._ G / SUBDIVISION ; 9;885 s:F.U 52 .t.3. { �4. I. ... .. ..G 7. s F io, og .x / -28 7 20,935 S.F. �_ THENCE SOUTH 85 DEGREES 29 MINUTES 17 n _ o �p 2 . �sF00.�S.F:'' - n ¢ ;280 S f ,334 S F 400 S.F: ;4Pd-S,f ;400-5:F 5.. V ,•.. .. .o.. - 5 r, . . .. /. �e' �. / o / z 6'ygs' �, /�� / SECONDS EAST ALONG SAID EXTENDED SOUTH LINE , 99 . 32 FEET 5O...... ........ € ...'.......' ........`.. - s• .y r j / / TO THE CENTER LINE OF BLACKBERRY CREEK ; THENCE SOUTH 30 tr �, - - h -_ " •i 1 874 '9.F. � / � \ - - _ _ ,�•��- - 30 0' p - � ' DEGREES 39 MINUTES 39 SECONDS WEST ALONG SAID CENTER ....... 48 �a a / 2'1519 B F. _+ +I :, j- .- .. .$.. .. Ts'12,000 S.F. / 12,494 5.r ��-Cb / LINE 48 .0 FEET; THENCE SOUTH' 1 0 DEGREES 00 MINUTES 00 {� r d 12,566 S.F/ / SECONDS WEST ALONG SAID CENTER LINE 15 . 30 FEET TO A LINE DRAWN PERPENDICULAR TO SAID WEST LINE FROM A POINT ON r. ., 5 J i . . . 43 1.10,738-S.F-/" ` . s \ /• '/ / 41 \ ��tJ / Z� 4.$.-. : -I- . . ! �5 V I _� 4 -.:. i.. 47 .1 46. : �: .4 I 4:4 47 12 Dao s.F. � - t �` 3 / / SAID WEST LINE WHICH IS 1241 .43 FEET SOUTHERLY OF THE A ,3BJ :1`� i 1 : P / 6 POINT OF BEGINNING ; THENCE SOUTH 89 DEGREES 20 MINUTES . . 559 S F .5$L -f. 1804 S F. 7C�zs 536 S.F b _ 41 12,000 S.F. v -,,e-4 �i�-'- -� • r, , /'\\ �6 4'15,954 S.F. / 7' 50 SECONDS WEST ALONG SAID PERPENDICULAR LINE 2057 . 21 V a L / 8 o sz o'-- -- -- - -7a o'- -- -- L.__ \ °L 20 r' FEET TO SAID WEST LINE ; THENCE NORTH 00 DEGREES 39 00.2, E / �, \ /''J / / 40 / u z <, /_ 4G. \ ° / 46 12,000 S.F. ' � 12 `�s �� MINUTES 10 SECONDS WEST ALONG SAID WEST LINE 1241 .43 37+00 �J� 9815 S.�r / /� O 18,753 S.F. / FEET TO THE POINT OF BEGINNING , IN BRISTOL TOWNSHIP , �z++oo .��- Sao s+rao s�00� �p 12,040 S.F. o m �� / �� ,' / `'/! / KENDALL COUNTY, ILLINOIS AND CONTAINING 60. 000 ACRES . y� \ V,, / �� ' / r f 7 S •, 70.0 76.0- .. . 1.4y- L�g5 `9.. /-.fs7 . .` 4 y1 \\ ' \ o+ �/ °' ,00e-p9 � 17,147 S_F. 3 3� Zp0`. . .. 7Q.�.. . . a.. .-- -- .. . ..L7:. r.. `" / 45 �� r + a I m - .. . ..-. .. . .Q.. . . .. . . .. . .. . .. .. . . .. .. _ - OD +-- . ... - - .. + �;�� 0 0 F 15 S.F. / f r r _ - „- .2g 1� �f EL �° \ �� e ,� ` 13,879 S.F. ry _ ~ 0 .1 ; r :j �z. -k : [ 8 oma ° 1J ' OONOVFR,"IN G.,Er X. " ----G, - . . -- - - - - - r'iS� &' f _ _0,'800`S.F:- a PIN:: 02-M-200-01Y7 .-�-1o.��..�. - 1 {_.._ .-' 2.-: l.� - L.6-.-.• O. - - O «� C.9,1 .r G-. .�: _ R1.- $ J.. Q. ' 0,400.S.F. 18;40 S.f. 4 18 1- .h J y _ o 12,000 S.F G :_ N Y 9,294.5.E :y 1D 7Ci Cf'. zP o'G!. .70 0: �' , .. �O ,' `' o 10 o o' Ear ''3 ; / �. °v J \\ 17,Oi0 S.F. J * 4,520 S.F. , / 8,1.80.S:F. \ \ ✓ 13.834 S.F 20 s / 9 x s, 15,472 S.F. o� .. .. \ '. ... _ .. � �� --�-�� - -- - �� - --° '-- - \ . ./ d. -- -- '�- � �� . .. � : 15,000 5.F. �" � _ � , . .._, 'PROP-OSED YORKVILLE .. .- ..-21. . Q . .... .. .. . . . . .,'=;° 2 s 7sti . ^ s� ,�x l ,od p I o o- I .p ZONING- r 1�0-I/'-\ E t. / / \ 4 e4 9 8;400_ S.F: :R^:�. ?� 8`400-SF f :2 .. .. .. .... ... ... p% 21 r $ . . 12.300 S.F, I : -,2- -- - - - -T : T0IRMWATER MANAGEII►IE1`!T yp : :� 8,400:. . �� /`� i 8,160.SR , 8:400.-S.F.. ; . 1 J TLOT1 � / 22 � t. 5.1:: - 3p. j0 -. .- 25 15 81:6.S:F: �a��'' Y %� - 14,000 S.F. 12;300 S.F. / N V --�-taab'.�. .--- -.-. .--'�a-a_: .. 34. OWNER: ° . 8;.400 q. �T'T �--.- 8,398 S.F.. - - �� - � --- - - -� - -- . . .. .. .. .. .... 7 \ \\ < 12,040 S.F. "max 13,781 S.F. iM,N Sx, YORKVILLE ILLINOIS 60560 / $ r r 4.32 Ac. s V : 6 .. �� _ 72 FJ' itil7z0r ?Q0- 7T)0'- - --- I �; y ~ _ : } ► :: �:. :. :. :: re \ 34 \ 111, 21,017 21,017 S.F. \ < 36 li 15,807 S.F. 24 L=14 5' . 8,$58 Sf.W 9 0 0 0. - �. w / 14,506 S.F. \ g 13,908 S.F. A T. =� ` St U 16 0 : :5: : I o. .14 { c:.i.3. ..i. a 'I 2 f o i o. _1[ y.. . \ � . . �. I 7 &F4- 3 . i .- _ �,_ a + .� DEVELOPERS: Y ,1140 S F. .640_S.F.- 8,640 5: : 400-S.F: ;400 .2f0. ... .. ... . . 507-S.F \ \ 7 O ~3.8$6'.s.F ,� : : 3 \ 9' ,50 „9 F�� o� 3 -, �_ McCUE BUILDERS INC. V $ ,7; L= / \ 13,524 S.F. 4.a ,- 20'i2'48" W ' �+ x 720.. .. ,��' :.�a�. 7Q�.. . �s-� '. L- z .- / \ 9 r 1 o•4T " f: 92+00 i ( 102.40' "� BRISTOL, ILLINOIS 60512 L s' 9,,0� S 2 54 y z5 E PH 630- 551 -4845 a m 25 s �,a 17,380 S.F. t `' 55 4' ♦ L=za' S , °p / t: a .. 6 '39 9' 86 0' 30 9' L= L=20 m 13#418 S.F. 1 �J�9 17" E) l O W 99.32' FAX 630-553-1250 89 0 F6 5' L= 4 L g; F, / �ti sJ 0 0'- ' S 30'04'31' W a ✓ s :e' �- -,as V ' I { I I I 2 7 m {S 30 39'39' W) 0 _._.�. . ." --------- - -----�-- I I 1 I ro p �° + 30 0 29 0 28 fl, 115,54) S.F � I� I •� - 48.00' o � •G 55 { 54 I U 53 1 w 52 I 5i 50 I A = 112,040 S.F. 112,124 S.F.1 I S 26 ! { 15,023 S.F. 0 4 0 I r 01 P 16,868 S.F. I I I 1 °� 13,456 S.F. " U 56 { 13,037 S.F. 112,116 S.F. 1 {12,015 S.F. 1 12,015 S.F. y i 12,015 S.F. } 1 12,010 S.F. I ; 49 31 �, �� : _ 13,005 s.F. 4 1 J 12,900 S.F Pc- 0 I 15,234 S.F. �6. - - - J L - - J L- - - L - -y , • PREPARED BY: w , , a L - ,6 3' 179,E es o' 'e6 0' goo°' $ t3o©' S 09'24'52" w ; % m CIVIL L MEF, TOPI.8y 890' 89 0' 89 089 0' 1000 -210 0' < EST. CEMCON , UD ,37 5 £9 0' S 88'45'41" w (S 89'20'50" W) 2057.21' (S 10-00-OW W) f / ;, s ¢ • 15.30' ' ' d 9 Consulting Engineers, Land Surveyors & Planners YoFacmur f ! i x9 z �CN 2280 WHITE OAK CIRCLE, SUITE 100 g6 AURORA ILLINOIS 60504-9675 FIN: Oz s9-aGa-aaz , i PH: (630) 862-2100 FAX: (630) 862-2199 v e-mail: cadd@cemcon.com DISC NO. : 712002 FILE NAME : Preeng DRAWN BY : AWM FLD. BK. / PG. NO. : N/A YOUilI COMP A.�PAi1411 W DISR6GI5 12 AN0 13 P.N.A. � P`"` 02-29.-300--= COMPLETION DATE 1 -30-2005 JOB NO. : 712.002 REVISED PER DEVELOPER 02-21-05/AWM REVISED PER DEVELOPER 05-10-05-JMM Copyright ©2005 Cemcon, Ltd. All rights reserved. c/1 4.. 141 ss i'•co. o United City of Yorkville Memo 'c' 800 Game Farm Road •,,% ° - 1836 Yorkville, Illinois 60560 „. Telephone: 630-553-8545 1 M Fax: 630-553-3436 LLE Date: May 26, 2005 To: Tony Graff, City Administrator \ From: Joe Wywrot, City Engineer U CC: Traci Pleckham, Finance Director Liz D'Anna, City Secretary Subject: 2005 In-Town Drainage Improvement Change Order#2 Attached find proposed Change Order#2 for the referenced project. This change order, in the amount of a$13,800.00 increase, is for re-alignment of the storm sewer on Liberty Street between Spring Street and Park Street. The plans called for the storm sewer to be located in the parkway on the east side of Liberty Street. When the JULIE locate request was called in, however, we found that an existing gas main was in conflict with the storm sewer near Spring Street, and that north of Spring a telephone cable was in conflict. One alternative was to have the gas main and telephone lines relocated, which would delay the project by at least one to two months. Since a long delay would jeopardize the schedule of the roadway project that was recently awarded, we chose to evaluate the costs of relocating the storm sewer. The storm sewer could be moved either closer to the property line, placed just back of the curb, or constructed beneath the street. Placing is beneath the pavement would require us to pay for full-depth trench backfill. Putting it near the curb would require using full- depth trench backfill, as well as possibly replacing the curb, so we rejected that alternative. Placing the storm sewer beneath the sidewalk is about the same cost as constructing the main beneath the roadway,but would be very disruptive to the grassed areas (remember the problems we had on Spring Street a few years ago). Therefore I instructed the contractor to proceed with construction beneath the street. Constructing the storm sewer in that location will have the added benefit for improving the drainage characteristics of the roadbed. This change order was recommended for approval by the Public Works Committee at their meeting on May 23, 2005. At that time, the estimated cost of this change order was $22,900. Please place this item on the Committee of the Whole agenda of June 7, 2005 for approval. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2005 In Town Drainage Program JOB NO.: YORK-050148-06 LOCATION: Liberty and Main CHANGE ORDER: 2 CONTRACTOR: R.A. Ubert Construction DATE: 5/18/2005 DESCRIPTION OF CHANGE ORDER: Conflicts with existing gas main, existing foundation and topography ORIGINAL CONTRACT AMOUNT: [1] $921,017.00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $23,946.00 CURRENT CONTRACT AMOUNT: ([1]+[2]) [3] $944,963.00 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $13,800.00 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $958,763.00 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $37,746.00 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) June 30th 2005 RECOMMEND D F AC ` •T CE l // l '7 -CSA roved B : PP Y gt ennt��E/��ngi Date ('$10Kor25%) Mayor Date /": (/ / /,( .5- 2D-GS Approved By: Contractor` % Date (410Kor25%) City Manager Date '• I Attest City Engineer Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds,permits,insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 05 In Town Drainage Program C.O.# 2 5/1812005 NO ITEM CURRENT UNIT UNIT REVISED DIFFERENCE AMOUNT QUAN PRICE QUAN 70* Trench Backfill 0.0 CU YD $20.00 600.0 600.0 $12,000.00 73* Saw Cut Pavement 0.0 SQ YD $3.00 600.0 600.0 $1,800.00 TOTAL I $13,800.00 I ndicates new pay item(s)in schedule of quantities Page 2 of 2 • ---- ii SHITH ENGINEERING CONSULTANTS,INC. © Storm Sewer arson 00 elwl 0 m Mama MA.AIKAI ' Es Sanitary Sewer malas rnr®mlu 00900 MY r 1u-000.0. Me abm-n al TA P as rat 411-Ut I ,Im wrK KiAi sm y"0 era bNlrra Mar Sr IR• E3 IX W er7 slab)snq a x RN-MWW1OM .4i1 —L"SGt'!t atN aASr.Ia'RS -.A NY-051Ar - .-__ Nv-NaAM I Aar., l jameeaLen�( >Caei+sJ A�a"itoK.,}RmNuN Mac nO vmwuunSIOTA a wa Y W n RP SWAY 5550 a `I. AN nlwa nN AIMI rS1IOANA AE Ma! IY!alta I�' I 17\• I I: .I N Nl.....MaKAr r rOG11NR O CMS-WWaN �) �` ' 0:51 ' nvroi17:4ziA ®xrr a"�rba .wrIsm cormw14Cii.wor Jo . 1 l.. Nati: Ia] IV II Mr +@09-099. 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Wyeth,Mike Schoppe,John Whitehouse,& Staff Subject: Planning Commission Report from the 6/8/05 Meeting The is a summary of activity from the Planning Commissions meeting which occurred on June 8, 2005. NEW BUSINESS 1. Draft Ordinance Amending zoning code in regards to off street parking. The Public Hearing was conducted and the Planning Commission recommended approval of the amendment. This item will be presented at the appropriate scheduled COW Meeting. 2. Draft Ordinance Amending the zoning code in regards to mini warehouse storage. The Public Hearing was conducted and the Planning Commission recommended approval of the amendment. This item will be presented at the appropriate scheduled COW Meeting. 3. Draft Ordinance Amending the Subdivision Control Ordinance in regard to 100 year storm water release rate for the Aux Sable Creek Watershed. The Public Hearing was conducted and the Planning Commission recommended approval of the amendment. This item will be presented at the appropriate scheduled COW Meeting. 4. PC 2005-14 Don and Carol Hamman& Five H LLC petitioners requesting a special use for the M2 Zoning of their property located on Eldamain Road and Corniels to Beecher Road to Faxon Road(300 Acre site). The Public Hearing was conducted and the Planning Commission recommended approval of the Special Use for an Asphalt Batch Plant with a recommendation to have the City conduct an environmental assessment selecting environmental engineers to conduct the analysis, specifically addressing odor. This item will be presented at the June 16,2005 EDC Committee Meeting. 5. PC 2205-18 Del Webb, Pulte Homes Annexation and R2,R3, & B3 Zoning with a Planned Unit Development for the Age Restricted R3 area. This property is located at RT47 and Galena Road, 587 Acres. The Public Hearing was conducted and the Planning Commission recommended approving the annexation and R2, R3, &B3 Zoning District with the Planned Unit development Plan to return at the next Planning Commission with posting another Public haring Notice. 6. PC 2004-27 XPAC Properties LLC— Preliminary Plat(RT 47 and Cannonball Trail) The Planning Commission recommended the petitioner to complete the staff recommendations and return at the next Planning Commission Meeting on July 11, 2005. 7. PC 2005-17 Fox Hill Unit 6 Lot 1 —Final Plat(RT 34 and Sycamore Commercial Site) The Planning Commission recommended approval of the Final Plat subject to City Engineer Joe Wywrot and Land Use Planner Mike Schoppe's comments. This will be present at the EDC Committee in June. OLD BUSINESS 1. PC 2004-18 Wyndham Deerpoint Homes Re-Zoning from R3 General Residence District to R3 PUD Residential Development(East of RT47 south of Walnut Drive and West of Fox Highlands Townhome Development) This agenda item was continued to the next Planning Commission Meeting per the request of the Petitioner while he continues his legal research on the access agreement with St. Joseph Way(Fox Highlands) and explore an option with the adjoining Commercial Property Owner with and access to RT 47. No additional business was discussed,meeting adjourned at 9:15 PM. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS DRAFT HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,APRIL 26,2005_ Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present(arrived at 7:10 P.M.) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the presentation to Officer Steven Bozue be removed from the agenda as Officer Bozue was unable to attend the meeting tonight. He asked that this be placed on the next City Council meeting agenda. Mayor Prochaska also asked that the Lincoln Prairie Yorkville Annexation Agreement be removed from the agenda at the request of the developer. He asked that this be placed on a City Council meeting agenda at a later date. COMMIT l'LE MEETING DATES Public Works Committee 7:00 P.M.,Monday,May 23,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,May 19,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,May 5,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,May 12,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be Announced PUBLIC HEARINGS Illinois EPA Low Interest Loan Water Works System Needs Assessment and Project Plan Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing the Illinois EPA Low Interest Loan-Water Works System Needs Assessment and Project Plan. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye The Minutes of the Regular Meeting of the City Council—April 26,2005-nage 2 Jeff Freeman with Engineering Enterprises,Inc.(EEI)addressed the City Council and explained that,as noticed in the Kendall County Record on April 14,2005,tonight's public hearing is to take comment on the City's planning approach to attaining radium compliance. He stated that the Project Plan was originally submitted in 2000 and then resubmitted in 2004. He explained that the Project Summary and Preliminary Environmental Impact Determination(PEID)have been available for public viewing and that there is a fifteen day comment period following tonight's public hearing. Comments can be submitted to Finance Director Traci Pleckham and/or Marcia Willhite with the Illinois Environmental Protection Agency(IEPA). Mayor Prochaska clarified that this is for the water treatment for Well#3,located downtown, west of Route 47 and Well#4 at Tower Lane. A water treatment facility will be built to handle both wells along with a Fox River crossing. The floor was opened for public comment. There was none. The floor was opened for City Council comment. Alderman Sticka asked if there was a dollar figure attached to this project and Mayor Prochaska stated it was$4,289.789.00. Alderman Sticka asked if the IEPA's low interest loan would be made available to the United City of Yorkville. Mr.Freeman stated that the loan program is based on priority and that this public hearing is part of the application process. When the application is finished and submitted,the City will be in line for loan eligibility and should know if it is eligible in a few months. Alderman Ohare questioned the timing of the project. Mr.Freeman stated that if all goes well the plan is to begin construction in June 2005 with an estimated completion date of February 2006. There were no further comments. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Ohare;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye CITIZEN COMMENTS None. PRESENTATIONS Downtown Plan Update Stephen Yas from Yas/Fischel Partnership gave the City Council a Downtown Plan Update. He stated that on January 6,2005 there was a public meeting at the Historic Court House where four alternate downtown plans were presented. He explained that in developing the plans certain things were considered: o History of the area—historic buildings,the old trolley line,property owners o Business district o Expected market—research population and interests,research anchors for area,specialty shops,restaurants o Modern space—combining retail with residential,chain specialty stores,etc. o Desired businesses—art gallery,pet store,etc. o Successful downtowns—mixed uses—combining retail with housing,entertainment, reflect character and image of community,recreation use,etc. o Discussions with Illinois Department of Transportation(IDOT)—design Route 47 to reflect area;wider sidewalks,parkway plantings,parallel parking,etc. Mr.Yas went through the four options presented: A. The street remains the same as it is today however parking on Route 47 is omitted and there will be four lanes of traffic. The historic buildings on the east side of the street would be preserved and infill building would be created that are more suited towards retail and designed to be appropriate to the historic area. The west side of the street would remain the same except for a new building in the vacant lot. Parking underground would be created east of Route 47 with condominiums overlooking the river. Also proposed is a community center with an outdoor relationship to the Fox River and a new City Hall. B. This plan is similar however the locations of the proposed civic buildings have been changed. The Minutes of the Regular Meeting of the City Council—April 26,2005—page 3 C. Route 47 is widened and the historic structures on the east side of the street would be moved. A senior center would be added to the line-up of the civic buildings(City Hall,Community Center,etc.). D. This option moves the historic buildings on the east side 100'back to create a village green. Parallel parking would be on the west side of Route 47 with no parking on the east side. Additional parking could be under the village green due to the hill. The City Hall would be located east of the village green along with a possible community and senior center. Mr.Yas presented diagrams indicating the existing street and then of the proposed plans. Mayor Prochaska asked which plan was most favorable received by the public. Mr.Yas stated that a survey was handed out and 100%indicated that they wanted civic buildings in the downtown and 90-95%liked Option D with the village green. He noted that they are moving ahead on a final public meeting where they will show Option D developed further. Alderman Burd noted that she spoke with several residents and they indicated that Option D caught people's imaginations. She congratulated Mr.Yas on the good work. Mr.Yas also recommended to the City Council that they look into a Tax Increment Financing District for the redevelopment of the downtown area. CONSENT AGENDA 1. Park,Gazebo,Shelter Reservation Policy 2. Renewal of Preschool Contract with Yorkville Congregational United Church of Christ-authorize the Mayor to execute 3. Resolution 2005-23—Authorization to Dissolve and Transfer Chief's Account- authorize the Mayor and City Clerk to execute 4. Blackberry Creek Watershed Program Contribution Request—subject to the approval of the 2005-2006 budget Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Alderman Sticka reported that the Plan Commission reviewed the Montalbano Homes development on the Lee farm located on the southeast corner of Ament and Pennman Roads. The vote taken for annexation was 6-0 in favor of it;the vote on R-2 Planned Unit Development (PUD)zoning was 6-0 in favor and the vote for the preliminary PUD plan was 4-2 in favor of it. The Plan Commission wanted design standards for the buildings,trail issues and staff comments included in the preliminary PUD plan. Also discussed by the Plan Commission was Whispering Meadows Units 3&4 Final Plat which was approved by a 6-0 vote. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from January 11,2005 and minutes of the Committee of the Whole meetings from March 1,2005; seconded by Alderman Ohare. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 15,2005 totaling the following amounts:checks in the amount of $752,009.39(vendors);$154,989.68(payroll period ending 4/02/05);for a total of$906,999.07; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Ohare-aye,Spears-aye,Sticka-aye The Minutes of the Regular Meeting of the City Council—April 26,2005-page 4 REPORTS MAYOR'S REPORT Ordinance 2005-29 Approving Variances for Side Yard and Rear Yard Setbacks 802 S.Main Mayor Prochaska entertained a motion to approve an Ordinance approving a variance for the rear yard setback for the residence located at 802 S.Main Street as recommended by the Zoning Board of Appeals.So moved by Alderman Sticka;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticka-aye Besco-aye,Burd-aye,James-aye,Kot-aye Community Relations Director Mayor Prochaska introduced the new Director of Community Relations,Glory Spies and welcomed her to the staff. ATTORNEY'S REPORT CorLands Second Amendment to Lease Agreement for Hoover Attorney Wyeth reported that last week the closing took place whereby CorLands purchased the last of the Hoover property from the Boy Scouts of America. In conjunction with this there is a need to amend the lease with CorLands to reflect the United City of Yorkville as the tenant and to adjust the legal descriptions. Mayor Prochaska entertained a motion to approve the second amendment to the Lease Agreement for Hoover Outdoors Education Center between CorLands,Kendall County Forest Preserve District and the United City of Yorkville and to authorize the Mayor and City Clerk to sign the Agreement. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye, Burd-aye,James-aye,Kot-aye,Munns-aye Mayor Prochaska stated that he was personally glad that the last portion had been acquired by CorLands because it puts the entire acreage under the control of either CorLands or the Forest Preserve District. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Pleckham reported that she received a telephone call from Alderman Munns asking her if she could provide a summary of the process of the budget from when it was first presented at the March 3,2005 Administration Committee to the present. She distributed a handout(see attached)outlining the changes throughout the process. She also noted that there were three minor changes made to the ordinance approving the 2005/2006 Budget. She distributed a revised copy(see attached)and noted that the corrections were indicated in red. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reminded everyone that the City's Golf Outing was being held on May 6,2005 and the attendance is full with a waiting list. COMMUNITY&LIAISON REPORT No report. The Minutes of the Regular Meeting of the City Council—April 26,2005—page 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-30 Prestwick of Yorkville Annexation Agreement A motion was made by Alderman Sticka to approve the Annexation Agreement of Yorkville Farms Development known as Prestwick of Yorkville Subdivision with a zoning classification of R-2 Single Family Residence District and to approve the Ordinance authorizing the Mayor and City Clerk to execute all document subject to final legal review;seconded by Alderman Ohare. Alderman Spears had several concerns with the agreement: o Page 2-a date was needed on the agreement and Attorney Wyeth stated that this date will be added when the preliminary plan is adopted. o Page 3-the southeast interceptor was referred to as"ComEd"and she asked which term was correct and Administrator Graff stated that"southeast interceptor"was the correct term. o Page 4—Item 5.A.-the donations and contributions dollar amounts were left blank. Attorney Wyeth stated that when the documents are assembled with the attachments,this information will be filled in. Alderman Spears questioned voting on the document without this information being filled in. Mayor Prochaska stated that the donations and contributions are dealt with when the final plat is submitted. The dollars amount could vary by that time. o The preliminary plan is not attached to the agreement. Administrator Graff stated that the preliminary plan was submitted on April 25,2005 and is under review. He stated that it is essentially the same as the one in the City Council packets. Mayor Prochaska asked for clarification if it is a preliminary plan or plat. Administrator Graff stated that it is the preliminary plan. o Page 8—Item 10—refers to paragraph 5 C but should be 5 D. o She noted that it was added to bury the utilities. Alderman Sticka stated that he agreed with Alderman Spears that it is not appropriate to have blank amounts in a document being approved. Attorney Wyeth noted that the amounts are set by ordinance and Alderman Sticka stated that if that is the case then they definitely should be in the agreement. Mayor Prochaska noted that the donations and contributions are payable at the time of the final plat. He stated that if the amounts are set now and the ordinance governing them is changed by the time of the final plat,the increased dollar amount cannot be collected. He noted that developers sometimes do the final plats in phases. Alderman Sticka suggested taking out the blanks and adding verbiage saying the amount is to be paid at final plat. The developer stated that they did not have a problem with this verbiage being changed. Alderman Ohare withdrew her second;Alderman Sticka withdrew the motion. A motion was made by Alderman Sticka to approve the Annexation Agreement of Yorkville Farms Development known as Prestwick of Yorkville Subdivision with a zoning classification of R-2 Single Family Residence District and to approve the Ordinance authorizing the Mayor and City Clerk to execute all document subject to final legal review with the addition that donations and contributions will be set by ordinance at the time of final plat;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-9 Nays-0 Sticka-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Prochaska-aye Ordinance 2005-31 Prestwick of Yorkville-Annexation A motion was made by Alderman Sticka to approve the Ordinance annexing the Yorkville Farms Development known as Prestwick of Yorkville;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Ohare-aye,Spears-aye,Sticka-aye,Besco-aye The Minutes of the Regular Meeting of the City Council—April 26,2005—page 6 Ordinance 2005-32 Landscape Depot Annexation Agreement A motion was made by Alderman Sticka to approve the Annexation Agreement for property commonly known as Landscape Depot at 9211 West Route 126 with a zoning classification of B- 3 General Business District and approve the Ordinance authorizing the Mayor and City Clerk to execute all documents subject to final legal review;seconded by Alderman James. Alderman Spears asked if the attorney's address was corrected on the document and Attorney Wyeth stated it was. Motion approved by a roll call vote. Ayes-9 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Sticks-aye, Besco-aye,Burd-aye,James-aye,Kot-aye,Prochaska-aye Ordinance 2005-33 Landscape Depot-Annexation A motion was made by Alderman Sticks to approve the Ordinance annexing Landscape Depot at 9211 West Route 126;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-9 Nays-0 Ohare-aye,Spears-aye,Sticks-aye,Besco-aye, Burd-aye,James-aye,Kot-aye,Munns-aye Ordinance 2005-34 Bristol Bay Annexation Agreement and Preliminary Plan A motion was made by Alderman Sticks to approve the Annexation Agreement as to a portion of the property,amended and restated Annexation Agreement as to a portion of the property and a Planned Unit Development Agreement for the property known as Bristol Bay Subdivision with the developers Centex Homes,a Nevada general partnership and authorize the Mayor and City Clerk to execute all documents subject to final legal review;seconded by Alderman James. Alderman Besco asked how the portion of the property affected was determined. Mayor Prochaska stated that there are portions of the property that have an Annexation Agreement or an Annexation Agreement and Planned Unit Development. Attorney Wyeth stated that the prior Annexation Agreements are being rolled into one new agreement. Mayor Prochaska noted that the City received confirmation regarding the burying of utility lines. Administrator Graff stated that Centex Homes was showed the language regarding buried utilities and they are open to including this language in the agreement. Ken Stough from Centex Homes confirmed that the language was acceptable and they agreed to add it to the agreement. Mayor Prochaska read the language from the Prestwick of Yorkville agreement as an example. Alderman Besco stated that there was an issue with the amount of the SSA cap noted in the agreement. Mr.Stough stated that Centex would be agreeable with setting the cap amount at$50 million. Treasurer Powell questioned the voltage of the power lines to be buried. Mr.Stough was unsure. There was some discussion regarding the voltage and Treasurer Powell stated that he felt it was a mistake to bury the lines. He stated that he thought one of the lines was high voltage and explained that it could be extremely expensive to repair along with increased outage times in the event of problems with the line. Mayor Prochaska stated that the burying of the line will be governed by ordinance and he suggested that the ordinance be reviewed to address Treasurer Powell's concerns. Alderman Sticka commented that this is a highly technical area and he suggested that the City should bring in an independent consultant to review the ordinance and suggest how the utilities should be addressed. Mayor Prochaska felt that this was an appropriate suggestion however at this time the annexation agreement will stated that if the City passes an ordinance the developer would abide by it. Mayor Prochaska noted that the City would be having a meeting with ComEd on April 29,2005. Alderman Spears asked if elected officials could attend and Alderman Sticka noted that if elected officials attend this meeting with ComEd it becomes a public meeting. Mayor Prochaska suggested that rather than the City Council member attending the April 29th meeting,ComEd be asked to make a presentation at either an Economic Development Committee or Public Works Committee meeting. Alderman Spears asked if the Bristol-Kendall Fire District was listed in Exhibit"M"as mentioned on page 28 of the agreement regarding Fees and Charges.Mr.Stough stated explained that the information for Exhibit"M'was finalized as of today. Alderman Spears asked for a copy of the exhibit. Administrator Graff note that this is the first time a fee schedule has The Minutes of the Regular Meeting of the City Council—April 26,2005—page 7 been asked for from a developer and that it still needs to be reviewed by staff. The schedule was distributed to the City Council. Alderman Sticka suggested restating the motion to cover the discussed items. Alderman James withdrew his second;Alderman Sticka withdrew the motion. A motion was made by Alderman Sticka to approve the Annexation Agreement as to a portion of the property,amended and restated Annexation Agreement as to a portion of the property and a Planned Unit Development Agreement for the property known as Bristol Bay Subdivision with the developers Centex Homes,a Nevada general partnership and authorize the Mayor and City Clerk to execute all documents subject to final legal review with the addition of Exhibit"M"is to be reviewed by City staff to be certain it is in compliance with all ordinances;that the SSA cap is to be set at$50 million and subject to the addition of placing power lines underground per the discussion of the City Council;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-I Munns-aye,Ohare-aye,Spears-aye,Sticka-aye, Besco-nay,Burd-aye,James-aye,Kot-aye,Prochaska-aye Ordinance 2005-35 Bristol Bay Annexation Agreement A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of an Annexation Agreement for the development known as Bristol Bay thereby amending the Annexation Agreement previously entered into for developments known as Lay-Com,Inc.and Galena Yorkville,L.L.C.and authorize the Mayor and City Clerk to execute all documents subject to final legal review;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-1 Spears-aye,Sticka-aye,Besco-nay,Burd-aye, James-aye,Kot-aye,Munns-aye,Ohare-aye,Prochaska-aye Ordinance 2005-36 Bristol Bay Annexation A motion was made by Alderman Sticka to approve an Ordinance annexing Bristol Bay Property —633 acres generally at Galena Road,East of Route 47;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye, Spears-aye,Sticka-aye,Besco-nay,Burd-aye Resolution 2005-24 Approving Engineering Enterprises,Inc. Professional Engineering Services for Feasibility Study of a Western Roadway Corridor and Fox River Crossing, Illinois Route 71 to Base Line Road A motion was made by Alderman Sticka to approve a Resolution approving agreement with Engineering Enterprises,Inc.(EEl)for Professional Engineering Services for a Feasibility Study of a Western Roadway Corridor between Route 34 and Baseline Road subject to identifying and securing funding;seconded by Alderman Besco. Alderman Munns questioned the change in the study since it was first presented. Mayor Prochaska explained that the study was from Route 34 to Baseline Road. The southern portion is already part of the Fox area transportation study. He stated it was discussed at the Committee of the Whole(COW)that Smith Engineering presented a letter of intent for a needs assessment for a river crossing. He stated that the original proposed study is being broken up into smaller studies. Alderman Burd asked what the fee for this study would be. Administrator Graff stated that the fee is$99,339.00. Alderman Burd stated that she received calls from residents with concerns about the project some residents feel there is collusion with EEI and the village of Sugar Grove and that they will be controlling how the United City of Yorkville is to build its roads. She stated that this study is a response to something that has already been put into play by Sugar Grove however she felt that Yorkville needs to look at the opportunity presented as the road is already coming in Yorkville's direction. She stated that she wished Yorkville had been the one to initiate the project. In regards to a bridge,she stated she agreed with what some of the residents are hoping for;that when another development comes in between their development and the Hoover Outdoor Education Center the easement line could be moved so that the existing tree line is protected. Alderman Spears expressed her concern with the road coming from and ending at Route 34. She stated that additional traffic does not need to be directed to Route 34 at Route 47. She stated that The Minutes of the Regular Meeting of the City Council—April 26,2005—page 8 she was not comfortable with the study and would rather see the funds spent on Eldamain Road or an eastern river crossing. She also questioned the cost of the study. She stated that the original cost of the study was$134,000.00 for a 7.3 mile study or$18,480.00/mile. The current proposal is for fewer miles at a cost of$23,795.00/mile. Jeff Freeman with EEI distributed a handout supporting their fees(see attached). He went over the schedule with the City Council and gave a detailed explanation of how the cost of the study was determined. He noted that the cost was not determined per mile of the road but rather by the hours needed to perform the study. Alderman Burd questioned if a feasibility study was needed since it is evident this road is coming toward Yorkville. Mayor Prochaska explained that the study will create the corridor for the road and identifies it for developers who are coming into the area. Mayor Prochaska further noted that Yorkville's Comprehensive Plan shows a road going to the county line prior to Sugar Grove designing their road.He also noted that part of the boundary agreement with Sugar Grove was that roads would be designed to match up and be consistent. Alderman Munns stated that the residents he spoke to in Fox Hill and Cannonball Trail areas were concerned on roads going south not north. He agreed with Alderman Spears that ending the road at Route 34 will only create more traffic for residents to get out of these subdivisions. He also felt that ending the road at Route 34 would delay extending the road south. Alderman Sticka commented that fearing that adding a road will make traffic worse didn't seem to make sense. He felt that the road could ease traffic on Route 47 and he agreed with Alderman Munns about the road going south because it would offer greater opportunities to help traffic. He stated that this is an opportunity to institute a plan that will cause million of dollars of roadway to be built by developers. Alderman Besco stated that he has often heard it stated that there is collusion with EEI. He noted that he had minutes from a Public Works Committee meeting from February 28,2005 where Alderman Sticka brought the study proposed by EEI back before the City Council. He further commented that he felt that another river crossing was needed. Alderman Sticks stated that collusion implies that the City Council is getting some personal benefit from the deal. He stated that EEI is a company that the City has had a working relationship for some period of time and they have done excellent work for the City. Alderman Ohare noted that the reason the City wanted EEI to work on this project was because they were not working with any developer in the study area. Alderman Spears asked if there were developments in the study area that have been annexed to the City. Mayor Prochaska stated that there were none in the study area yet. She clarified that any future developers would have to build the road and Mayor Prochaska stated that this was correct. He further explained that by the City identifying the type of road needed,it will be built to Yorkville's specification. Alderman Kot commented that it was time to move this issue ahead. He felt that the study was a good compromise and a sensible approach. He stated that separating the studies will allow a time consideration needed to establish whether or not a bridge is needed. A motion was made by Alderman Kot to call the question;seconded by Alderman Ohare. Motion to call the question approved by a roll call vote. Ayes-7 Nays-1 Kot-aye,Munns-nay,Ohare-aye,Spears-aye, Sticks-aye,Besco-aye,Burd-aye,James-aye Motion to approve the study approved by a roll call vote. Ayes-6 Nays-2 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-nay,Ohare-aye,Spears-nay,Sticks-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Grant Writer Contract Renewal A motion was made by Alderman James to approve a Letter of Understanding for Agreement between C.H.Schrader&Associates and the United City of Yorkville for professional consulting services for a one year period;seconded by Alderman Ohare. The Minutes of the Regular Meeting of the City Council—April 26,2005—page 9 Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Ordinance 2005-37 Amending Land Cash Ordinance No 1996-3,2003-12 and 2004-22 A motion was made by Alderman James to approve an Ordinance amending Land Cash Ordinances#1996-3,2003-12 and 2004-22 as presented;seconded by Alderman Kot. Mayor Prochaska noted that this will increase the contribution to Land Cash to$80,000.00/acre. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye, Spears-aye,Sticka-aye,Besco-aye,Burd-aye Resolution 2005-25 Declaring Intent to Issue Special Tax Bonds for Autumn Creek SSA A motion was made by Alderman James to approve a Resolution declaring the intent to issue Special Tax Bonds for Autumn Creek Special Service Area(SSA)as presented;seconded by Alderman Sticka. Aldermen Spears and Burd commented that they were not comfortable with SSAs. Alderman Burd stated that she felt that affects of SSAs on people in the community should be researched. She suggested a workshop in June 2005 with local real estate agents and developers where the City Council could ask questions about the affects. Alderman James also suggested inviting residents who own homes with SSAs to the workshop. Mayor Prochaska also suggested that the Economic Development Committee review the ordinance allowing SSAs. Alderman Munns asked for clarification about voting for the SSA at this time. Attorney Wyeth explained that the SSA is part of Autumn Creek's Annexation Agreement and if the City Council would not approve the SSA it would be a breach of the Annexation Agreement. Mayor Prochaska noted that the motion is to approve a Resolution of Intent. Motion approved by a roll call vote. Ayes-5 Nays-2 Present-0 Ohare-aye,Spears-nay,Sticka-aye,Besco-nay, Burd-aye,James-aye,Kot-aye,Munns-present Ordinance 2005-38 Approving the Revision of the 2004-2005 Fiscal Budget A motion was made by Alderman James to approve an Ordinance approving the revision of the 2004-2005 Fiscal Budget as presented;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye, James-aye,Kot-aye,Munns-aye,Ohare-aye Ordinance 2005-39 Approving the 2005-2006 Fiscal Budget A motion was made by Alderman James to approve an Ordinance approving the 2005-2006 Fiscal Budget as presented;seconded by Alderman Sticka. Alderman Spears had several concerns: o The first page of the budget indicates that the Land Use Planner will begin employment in January and the Park Designer in August however page 7 reflects different dates. Finance Director Pleckham stated that the correct dates are January and September respectfully. o She reviewed the Employee Manual regarding education reimbursement which states that"any request that is not included within the budget must receive approval by the Mayor and the appropriate City Council committee".She stated she would like to see this happen so she asked that the comments in the tuition reimbursement accounts on pages 2(#01-110-64-00-5604),page 4(#01-150-64-00-5604),and page 26(#79-650- 64-00-5602)be removed. She stated that the dollar amount would remain the same and would only affect about four employees. Mayor Prochaska clarified that the funds would stay in the line item but the comments would be removed. Any employee requesting tuition reimbursement will have to come before the City Council for approval of the reimbursement. o She requested that when the next budget is prepared that the term"tuition"be consistently used instead of"professional growth". The Minutes of the Regular Meeting of the City Council—April 26,2005—one 10 Alderman Munns had a few comments and concerns: o He asked for clarification of the budget amounts listed on page 1 of the ordinance. Director Pleckham explained that the entire budget is$58,000,000.00(all funds) whereas there is$18,000,000.00 in the General Fund alone. o He asked if employees get deductions for both IMRF and Social Security(page 4). Director Pleckham stated all employees participate in both programs. o He commented that the increase for health insurance was$200,000.00. He suggested that health insurance cost should be addressed in the future and an employee contribution should be considered. Alderman Spears noted that the Employee Manual states that the City Council does not have to wait a year to notify employees that they will have to contribute to their health insurance. There was no further discussion. Mayor Prochaska noted that he motion needed to be amended. Alderman Sticka withdrew his second;Alderman James withdrew the motion. A motion was made by Alderman James to approve an Ordinance approving the 2005-2006 Fiscal Budget as presented with corrections to pages 2,4,and 26;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Ohare-aye,Spears-aye,Sticka-aye Special Census Agreement A motion was made by Alderman James to approve a Memorandum of Understanding between the United City of Yorkville and the United States of America Department of Commerce Bureau of the Census in the amount estimated to be$172,512.00 and authorize the Mayor and City Clerk to execute the documents;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Ohare-aye,Spears-aye,Sticka- ADDITIONAL BUSINESS Volunteer Appreciation Day Mayor Prochaska reminded everyone that Volunteer Appreciation Day is Saturday,May 21,2005 from 12:00 P.M.to 3:30 P.M.at the Riverfront Park. American Legion Blue Star Banner Mayor Prochaska invited the City Council and all citizens of Yorkville to attend the American Legion Blue Star Banner flag raising ceremonies on Saturday May 7,2005 beginning at noon. The first of three ceremonies will be at City Hall,the next is at the flag pole in Town Square Park and the final ceremony will be at the American Legion Hall. Route 34 Clean-up Mayor Prochaska reported that IDOT workers were out cleaning up Route 34 so he was postponing the City Council's Adopt-A-Highway Clean-up day to a sometime in the future. Employee Appreciation Dinner Mayor Prochaska reminded everyone that the Employee Appreciation Dinner was Saturday,April 30,2005 at 6:00 P.M.at the St.Patrick's Parish Hall with dinner being served at 7:00 P.M. Sugar Grove Boundary Agreement Alderman Spears commented that she heard Mayor Bill Roberts of Plano talking about the boundary agreements Plano signed with Sugar Grove on WSPY. He mentioned that Mayor Prochaska was doing something with Yorkville's boundary agreement with Sugar Grove or Plano. Mayor Prochaska explained that Plano has asked to meet with Yorkville to discuss the realignment of Ash Road to Eldamain Road and its affect on the boundary agreement. He stated that he would bring the outcome of the discussion to the City Council. Nepotism Policy Alderman Munns asked that the Nepotism Policy be reviewed at the next COW meeting. Mayor Prochaska noted that it is on the Administration Committee agenda to develop a policy. Alderman Munns stated that if three Alderman so request,an item can be placed on the COW agenda. Aldermen Burd and Spears agreed with Alderman Munns to place this on the next COW agenda. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing: o The purchase or lease of real property for the use of the public body The Minutes of the Regular Meetine of the City Council—April 26,2005—paee 11 o 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. Mayor Prochaska asked that the City Clerk and City Attorney be included. He noted that no action would be taken after the session. So moved by Alderman James;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Spears-aye,Sticka-aye The City Council took a ten minute break and entered into Executive Session at 9:30 P.M. The City Council returned to regular session at 10:40 P.M. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman James;seconded by Alderman Kot. Motion approved by a viva voce vote. Meeting adjourned at 10:41 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,MAY 10,2005. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present(via teleconference until approximately 8:00) Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present(until 7:30) Spears Present(via teleconference) Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. OUORUM A quorum was established. SWEARING-IN Judge Tim McCann swore in,in the following order,Ward I Alderman Jason Leslie;Ward II Alderman Dean Wolfer;Ward III Alderman Marty Munns and Ward IV Alderman Joe Besco. Mayor Prochaska asked the two parting aldermen if they had any words to share with the City Council.Alderman Rich Sticka thanked everyone on the City Council who has worked with him through the years. He stated that he has appreciated their work especially because it has not always been easy and some of the hours have been long.He noted that a lot was accomplished that the City Council could be proud of and that he was proud to participate in helping Yorkville develop the way it has. He stated that he was grateful for everyone on the staff that has worked him and that being an alderman has been a great and rewarding experience. He felt sorry that more people in Yorkville don't seem to feel the need to run for alderman;he stated that maybe this is because they are content that the City is running well. Alderman Larry Kot stated that Alderman Sticka hit it on the head with his comments. He noted that Yorkville is a great town to live in and that the City has a great staff. He stated that he like to think he contributed something in the last eight years and that it has been an honor to serve Ward II. He wished the best of luck to everyone,especially the new aldermen and thanked everyone. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska amended the agenda by postponing the presentation to Officer Steven Bozue who was unable to attend the meeting. He also amended the agenda by stating that the City Clerk asked that the appointment of the Deputy Clerk be tabled until the next City Council meeting. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,May 23,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,May 19,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,June 5,2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the City Council—May 10,2005-paee 2 Public Safety Committee 6:30 P.M.,Monday,May 12,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M.,Wednesday,May 25,2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS In-Town Road Program General Obligation Bond Sale Barbara Chevalier from Speer Financial,Inc.gave a presentation to the City Council regarding the In-Town Road Program General Obligation Bond Sale. She reported that two bids were received earlier today for the$3,825,000.00 General Obligation Bonds(Alternate Revenue Source)Series 2005A. Speer Financial is recommending that the bid be awarded to UBS Financial Services,Inc.of Chicago with an interest rate of 4.1893%and the City Council pass the bond ordinance with the specifics of the bonds. She also noted that the City's Standard&Poor's Rating is"A-"for the bonds. Mayor Prochaska opened the floor for questions. Alderman James questioned if a banking institute found that the City was not financial sound, would they still allow the City to have the bonds. Ms.Chevalier explained that the City's underlying credit rating is in an investment grade category. The institutions have looked at the City,its finances and management and have assigned the rating to the City. Underwriters are happy that the City has investment grade credit. There were no further questions.Mayor Prochaska thanked Ms.Chevalier for her presentation. CONSENT AGENDA 1. Police Reports for February and March 2005 2. Water Department Report for February 2005 3. Resolution 2005-26—Approving Agreement with Nicor,Inc.for Access to Nicor's Easystreet Website-authorize the Mayor and City Clerk to execute 4. Resolution 2005-27—Approving Agreement with Schoppe Design Associates,Inc. for Professional Services 5. Ordinance 2005-40—Amending Ordinance 2003-79 Establishing Municipal Water Connection Fees-authorize the Mayor and City Clerk to execute 6. 2005 In-Town Road Program—Result of Bid Opening—award to Aurora Blacktop, Inc.in an amount not to exceed$659,419.35 7. Resolution 2005-28—Approving Installation of Sanitary Sewer Pump and Flood Control System at 305 W.Kendall Drive-authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from April 12,2005,minutes of the Committee of the Whole meeting from January 6,2004 and the minutes of the Special Committee of the Whole meeting from March 29,2005;seconded by Alderman Ohare. The meeting was delayed several minutes due to problems with the teleconferencing of Aldermen Spears and Burd. The Minutes of the Regular Meeting of the City Council—May 10,2005-page 3 Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 29,2005 totaling the following amounts:checks in the amount of $558,749.32(vendors);$154,685.14(payroll period ending 4/16/05);for a total of$713,434.46; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstain-1 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-abstain,Wolfer-aye REPORTS MAYOR'S REPORT Proclamation for Blue Star Salute Day Mayor Prochaska read the proclamation for Blue Star Salute Day,May 21,2005(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman James;seconded Alderman Ohare. Motion approved by a viva voce vote. Proclamation for Poppy Awareness Mayor Prochaska read the proclamation for Poppy Awareness Days,May 19,20 and 21,2005 (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Munns;seconded Alderman Wolfer. Motion approved by a viva voce vote. Proclamation for Volunteer Week Mayor Prochaska read the proclamation for Volunteer Appreciation Week,May 15-21,2005 with Volunteer Appreciation Day in Yorkville May 21,2005(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Leslie;seconded Alderman James. Motion approved by a viva voce vote. Selection of Mayor Pro Tern for Fiscal Year 2005/2006 Mayor Prochaska reminded the City Council that this is a duty that they need to consider per the new ordinance. He suggested that this be placed on the May 17,2005 Committee of the Whole agenda for further discussion. The City Council was receptive to this and Alderman Ohare asked that a copy of the new ordinance be included in the COW packets. Appointment of Department Heads Mayor Prochaska stated that he had a discussion regarding this with the City Attorney. Attorney Wyeth has been investigating the appointment process and is currently preparing a legal opinion. It is the recommendation of Attorney Wyeth to delay the appointments until the next City Council meeting so that all the aldermen can have an opportunity to read his legal opinion. He asked that it also be placed on the next COW agenda for further discussion. Alderman Munns asked if Attorney Wyeth recommended making some appointments tonight. Attorney Wyeth explained that his opinion will be in writing and will be confidential. He stated that as such it should not be referred to at a public meeting. He further explained that he has found a variety of enactments that the City Council looks to regarding the appointment of department heads and they are not consistent. He felt that rather than move ahead in a"piece meal"order,it would be better to delay this action. Alderman Ohare asked that if by delaying this,would there be a time without someone being their position? Attorney Wyeth stated that it was his opinion that the positions would roll over until the new appointments were made. His only caution was that if there is an official position that required a signature,the mayor be the only one allowed to sign. Alderman James asked if an Executive Session was needed to discuss this further. Attorney Wyeth stated that if specific personnel were to be discussed a closed session would be necessary. If the discussion is kept to the general concept of appointments,it can be discussed in open session. Attorney Wyeth welcomed questions from the City Council after they read his legal opinion. The Minutes of the Regular Meeting of the City Council—May 10,2005—page 4 Appointment to Committees/Commissions Mayor Prochaska read the following appointments to City Committees or Commissions: o Plan Commission-Charles Kraupner&Sandra Adams o Human Resource Commission-Lorene Frieders&Dana Jones o Fire&Police Commission-Robert Johnson o Library Board-Russell Walter,Marianne Wilkinson,Sandy Lindblom&Beth Gambro (for 1 year) o Park Board Chris Rollins o Park Board(School District) None named by School District o Facade Committee(building trade) Thomas Smith o Police Pension Fund Laurence DeBord Mayor Prochaska entertained a motion to accept the appointments and reappointments. So moved by Alderman Ohare;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Burd-aye,James-aye,Leslie-aye Recommendations for City Council Committees Mayor Prochaska made the following recommendations for City Council Committees: o Public Works Committee-Alderman Besco(Chair),Alderman Munns,Alderman Wolfer,Alderman James o Public Safety Committee-Alderman Ohare(Chair),Alderman Spears,Alderman Wolfer, Alderman Leslie o Economic Development Committee?Alderman Munns(Chair),Alderman Burd, Alderman Besco,Alderman Leslie o Administration Committee-Alderman James(Chair),Alderman Ohare,Alderman Spears,Alderman Burd He stated that he tried to give everyone their first two choices. He stated that the City Council could ratify the committees now or wait until for further discussion at the next COW meeting. Alderman Munns questioned the make-up of the Adhoc committees. Mayor Prochaska stated that he was not planning on changing these committees as they are not standing committees. Alderman Munns noted that he would be the chair of two committees if this did not change and also that Aldermen Kot and Sticka need to be replaced on these committees. Mayor Prochaska stated that this was good point and he would re-look at these committees and advise the Council of his decision. Alderman Spears stated that she would like to discuss this further at a COW meeting. Mayor Prochaska noted that there would be a Public Safety Committee meeting before the next COW meeting. Alderman James commented that he felt that the City Council needed to move forward with the committees however could discuss it further at the next COW meeting. Mayor Prochaska asked the City Council to vote to approve the recommendations. Alderman Munns clarified if this needed to be voted on. Attorney Wyeth stated that the vote would be to ratify the committee appointments however it is not needed because the committees cannot take action alone so the matter in which they are formed is not of any legal significance. Mayor Prochaska noted that the City Council did not vote to ratify the committees last year. After a brief discussion it was determined to move ahead with the committees as recommended (without a vote of ratification)and to discuss them further at the next COW meeting ATTORNEY'S REPORT Ordinance 2005-41 Rezoning Autumn Creek Attorney Wyeth reported that the City entered into an Annexation Agreement for Autumn Creek and is now required to approve a rezoning of the property. Mayor Prochaska entertained a motion to approve an Ordinance to rezone the property known as Autumn Creek Subdivision as presented. So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Ohare-aye,Spears-present,Wolfer-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye The Minutes of the Regular Meeting of the City Council—May 10,2005—page 5 Robert's Rules 101 Attorney Wyeth explained that he had promised to make short reports on Robert's Rule of Order. He stated that his goal is to,over the course of time,to touch upon certain aspects of the rules. He explained that he would be using the version of Robert's Rules provided to the City Council by Engineering Enterprises,Inc.(EEI). He stated that the biggest misconception is that Robert's Rules have been used as a manipulation to gain an advance by those who know the rules over those who do not,however this should never happen with a capable chair. He explained that they were made to establish a balance of discussion and to establish fairness. He read from page XLIV of Robert's Rules of Order a quote from the Henry M.Robert himself,"The great lesson for democracies to learn is for the majority to give to the minority a full,free opportunity to present their side of the case,and then for the minority,having failed to win a majority to their views,gracefully submit and to recognize the actions as that of the entire organization and cheerfully to assist in carrying it out,until they can secure its repeal." Attorney Wyeth also read from page XLVIII,"The application of parliamentary law is the best method yet devised to enable assemblies of any size,with due regard for every member's opinion,to arrive at the general will on the maximum number of questions of varying complexity in a minimum amount of time and under all kinds of internal climate ranging from total harmony to hardened or impassioned division of opinion". He explained that Robert's Rules have been used for over 200 years however he has not found that the City has formally adopted them. He stated the Council will see a proposition coming through committee that they formally adopted the rules. CITY CLERK'S REPORT Clerk Milschewski reported that all the outstanding minutes have now been approved and all minutes are current. She thanked the City Council for their patience. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Pleckham reported that she had new signature cards for the elected officials to sign. She asked that City Council members see her to sign the cards in the next few days. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the water conservation ordinance was now in effect. He stated that copies of the ordinance were available for review and City Hall or at the Public Works facility. CHIEF OF POLICE REPORT Chief Martin reported that he attended the May 6,2005 Illinois Law Enforcement Medal of Honor Award dinner in Springfield,Illinois where Sergeant Klingel and Officer Robbie Hart received their awards. He stated that there were eleven other winners and that it was a very heartfelt event. Mayor Prochaska added that it was a very moving experience to be there with the City's officers and in the company of the other officers and their families. He stated that two of the officers receiving the award were killed in the line of duty. Mayor Prochaska expressed his pride in all of the United City of Yorkville's police officers. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that the summer program directory is out and classes are beginning to fill up COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—May 10,2005-page 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2005-29 Whispering Meadows Units 3&4-Final Plat of Subdivision A motion was made by Alderman Munns to approve a Resolution approving the final plat of subdivision for Whispering Meadows Units 3 and 4 as presented subject to final legal review; seconded by Alderman Ohare. The meeting was delayed several minutes due to problems with the teleconferencing of Aldermen Spears and Burd. Alderman Burd was unable to be reached at this time. The other City Council members recommending moving forward with the meeting. Alderman Spears asked if this development had an SSA and Administrator Graff explained that it was a straight R-2 zoning without an SSA. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Ordinance 2005-42 Swanson Lane Estates Annexation and Planned Unit Development Agreement A motion was made by Alderman Munns to approve the Annexation and Planned Unit Development Agreement,along with the Preliminary Plan for Swanson Lane Estates and approve an Ordinance authorizing the execution of the Annexation Agreement by the Mayor and City Clerk upon final legal review;seconded by Alderman Ohare. Alderman Spears asked if this development had an SSA and Mayor Prochaska stated it did not. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 James-aye,Leslie-present,Munns-aye,Ohare-aye, Spears-aye,Wolfer-aye,Prochaska-aye Ordinance 2005-43 Swanson Lane Estates—Annexation A motion was made by Alderman Munns to approve the Ordinance annexing the Swanson Lane Estates as presented;seconded by Alderman James. Alderman Ohare asked if this annexation made the property contiguous and Mayor Prochaska stated that it is now contiguous to Blackberry Creek North. Motion approved by a roll call vote. Ayes-5 Nays-0 Present-1 James-aye,Leslie-present,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-44 In-Town Road Program Authorizing General Obligation Bonds A motion was made by Alderman James to approve an Ordinance authorizing$3,825,000.00 General Obligation Bonds(Alternate Revenue Source),Series 2005A for the In-Town Road Program and authorize the Mayor and City Clerk to execute all documents required;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,James-aye ADDITIONAL BUSINESS Fox Hill Mowing Alderman Munns noted that weeds on Diehl Farm Road at the entrance of Fox Hill need to be mowed. He asked Director Dhuse if English&Sons had begun mowing in the area. Director Dhuse stated that mowing had begun however noted that in some areas the right-of-way goes to the street and is the responsibility of the homeowners to mow. City Council Chamber Microphones Alderman Ohare suggested that all the City Council members adjust their microphones and that the City Clerk has them check out because it is hard to hear a few of the aldermen. Welcome Mayor Prochaska welcomed the two new aldermen.He stated that it is an exciting time in Yorkville and he felt they would find the work both educational and satisfying. The Minutes of the Regular Meeting of the City Council—May 10,2005-pate 7 EXECUTIVE SESSION None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Munns;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 8:10 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 8 UNTED CITY OF YORICVILLE COMMITTEE OF THE WHOLE MEETING DRAFT Tuesday,March 15, 2005 7:00 PM City Conference Room City Staff Present: Mayor Art Prochaska Alderman Besco Alderwoman Burd (out at 7:55) Rec and Parks Director Laura Brown Public Works Director Eric Dhuse City Administrator Tony Graff Alderman Kot(out from 7:55-8:45) Police Chief Harold Martin Alderman Munns Alderwoman Ohare City Intern Bart Olson Finance Director Tracy Pleckham City Treasurer Bill Powell Alderwoman Spears Alderman Sticka City Attorney John Wyeth Guests signed in: Peter Huinker-Smith Engineering William Goldbeck-Gardner Curton Douglas Matt Cudney-Pulte Homes Rick Young-Kimball Hill Dave Waden-Land Vision Joe Dougherty-J&S Development Sal Rexhepl-J&S Development Jason Leske-Meadowvale Inc Kathy Farren-Record Allecia Vermillion-Beacon Van L. Truman-Park Board Ken Koch-Park Board Gary Golinski-Park Board Chuck Brooks-Park Board Tammy Smock-Park Board Dana Jones-Park Board Dean Wolfen John Daku-YYBS Beth Prickett-YYBS,National City Lynn Dubajic-YEDC Heather Fiala-Park Board The meeting was called to order at 7:00pm by Mayor Prochaska. Due to the amount of people in attendance to speak, the agenda was discussed out of order. Additional Business: 1. Future of Park Board: Alderman Besco started discussion, due to bringing this idea forward to Committee, stating why he felt this needed discussing. He stated that in an effort to streamline the way the City does things, instead of constantly hashing over the same issues,he is contemplating the need for a Park Board and is interested in hearing what the rest of the Council had to say about this subject. Alderman Kot asked Alderman Besco to give an example of something that is being constantly re-discussed. He responded that he could not and stated that City Council is constantly going back over what the Park Board has already discussed. With the Parks Planner on the proposed budget, Alderman Besco feels that would be a duplication of the same job being done. Mayor Prochaska stated that he is clarifying that the person the City is looking at is someone that works with the board and draws parks. They would lay out equipment, parking lots, and all the 1 Page 2 of 8 technical design work. He went on to state that as far as the major part of developers coming in and the planning process, the park board handles that part. The park planner would step in after the where and what part is decided and actually draws this up. This work now is handled by consultants and still shown to park board from there. Alderman Kot stated that he served as City Liaison for the Park Board when he first came on to City Council. He went on to say that he remembers that they had some very late night discussions with a variety of ideas being discussed. He feels they handle nothing as technical as a planner and very much values the Park Boards in put. They handle things that the City Staff could not and the City Council could not. Alderman Munns stated that he felt this debate was good and having a Commission advising the Council would serve the same purpose as the Park Board. The Committee discussed the use of a Commission in past years. They came to discuss that the Park Board was put in place when budgeting for parks started to help the City more. Alderwoman Spears stated that according to state statute, a Commission could not discuss any part of the budget. She feels the Park Board is doing a good job, yet developers go to the Park Board first and then City Council can't put in much input of changes. Mayor Prochaska explained to the Council that developers would not switch the plans around because they already have determined what was needed for meeting requirements for land and cash per the City Ordinances. Alderwoman Burd stated at this point that it needs to be clear to developers then that the City Council does have the last say with the plans and may have to go back to the Park Board to renegotiate. Mayor Prochaska stated that the Council always has the right to give direction supercedingly. At this point Heather Fiala,park board member, stated to the council that the City's liaison from Council is rarely seen at their meetings to have input on their decisions. Alderwoman Spears questioned at this point what% of funds in the budget is allocated to public works,public safety and to the park board. She feels there is a problem with the way the funds are allocated and more funding should go to other areas. She stated that she has surveyed other communities for their park planning and having directors. She also brought up that she has read of a legal matter that was discussed in the paper, which she has come to find that the Park Board was already aware of. She feels that the Council should know of these situations, being that they are elected officials. At this point Mayor Prochaska stepped into to say that the legal matter she is speaking of was regarding a legally confidentially letters can not be let out. The Park Board was sent that confidential letter and legally the City could not speak about it. Alderwoman Spears stated that the States Attorney informed her that with corporate authority, the Council 2 Page 3 of 8 should be informed of these situations. Alderwoman Ohare questioned what this situation has to do with the future of the Park Board. Alderwoman Spears stated that it has a lot to do with the Park Board and how things are handled, and how citizens perceive the Park Board as well as the Council. Mayor Prochaska stated he sees the citizens observing the Park Board as doing work for the City. He also stated that he feels they do a good job and makes recommendations. He pointed out that when Country Hills subdivision was being planned, with the City Council voting, the park was moved which overrode the Park Boards recommendation. Lastly, Alderwoman Spears stated that she feels there is not enough communication and 2 years ago there was friction and at that time a Park District was discussed as well. Mayor Prochaska stated he feels to take the Park Board away would be a step backwards for the City. Alderman Sticka stated that he is disappointed to see the Council try to quiet the Public. The Park Board is here to help the City Council and the council does not have to follow their suggestions. He questioned if this is coming up for discussion now, due to an exchange of upsetting letters in the Record a few weeks ago between a Council member and a Park Board member. Alderman Besco stated that he brought this forward for no personnel reasons, he feels that the Council could rely on a Park Director more. He feels this goes with being constantly told to rely more on the staff. Alderman Munns questioned at this time if this board is for advising the Parks Department,how come the City does not have advisory boards for Public Works, Public Safety or finance. Mayor Prochaska responded that is something that the Council can have put together. Alderman Munns stated that he agreed with Alderwoman Spears in the point that there are a lot more pressing issues in other areas or departments that the City's money should go to. Mayor Prochaska stated that there is a lot of money, land cash that is coming into the City specifically designated for the Parks. He went on to state that Chief Martin would agree that without all the activities the City does offer, crime would go up without it. Mayor Prochaska stated that if the Council were to look around at most surrounding communities, they would see that they have Park Districts. These park districts which have boards,planners, directors, maintenance, etc.,just like the City of Yorkville has, without the district being a separate body as in Yorkville. The Committee questioned how the decisions were made in City's with a Park District. Mr. John Wyeth stated that the developer would be sent to the park district to decide the land cash set-up and that decision would come before City Council just like done here now. The City always ultimately has the last say with ultimate authority. The Committee continued stating their feelings on the idea of the Park Board being dissolved. Members of the Park Board also had a moment to state how they felt about the matter at hand. Mayor Prochaska asked how many of the Council wanted to discuss this issue again at the next COW meeting and the Council 3 Page 4 of 8 responded as follows: Besco-yes, Kot-no, Burd-yes, Ohare-no, Munns-yes, Spears-yes, Sticka-no. It takes three Alderman to put back on an agenda, so this will come back at the April 19th COW meeting. Presentations: 1. PC 2004-21 Anderson Farm Concept Plan—COW 11/16/04 & 12/7/04: Rich Young stated to the Committee that the sheet that he passed out to the Committee present outlines the space data from 3 different plans, the third of which has been presented to the Committee over the weekend. This is how they are proposing to develop the Anderson Farm land. There will be 2 basic lot sizes, one being 65' by 125' for the areas on the south and the other being 75' by 134'. This clustering that is shown on the plan is being done to preserve much of the already present mature tree growth on the property in question. They are here tonight looking for direction from the Council if clustering is an option with them with the preservation that would take place along with it. The total acreage of the property is 236 acres, so approximately 118 acres would be open space, without housing. Alderwoman Spears questioned who would be responsible for maintenance on the open space. Mr. Young replied it could be handled in a number of ways. HOA would be the natural way to go if the Park Department did not want to take responsibility of any of the open space. He went on to state that they intend to talk to the Forest Preserve to see if they would be interested in this type of development as well, but until they have type of more concrete in concept plans, he can not move forward in that route. Mr. Graff stated that another option is looking into a 3rd party conservation holding company. This area has a high interest by environmental groups too. Alderman Munns stated that he does not want to steer away from the proposed 12,000 sq ft lots as in the concept plan unless there is a good enough reasoning behind it. Mr. Young stated that they feel that they have an extraordinary space in question here with 1.59 overall densities. He went on to state that there is still a site tour available for any here who would like a closer look at the land in quesltion to see how unique it is. Mayor Prochaska stated that the only issue he sees is that he would like the open space flowing together more. There is one area that is separated with development and if that was changed he would like the overall plan. Alderwoman Ohare questioned the fact that the plan is showing only one route in and out for emergency vehicles to have better access. Mr. Young stated that there will be another street connecting with another neighboring subdivision to take care of the back half if needed. Alderman Sticka stated that he feels plenty of people would go wild about living in a home that backs up to these wonderful trees, giving up the 12,000 sq ft lot size would not be much to lose. 4 Page 5 of 8 Mr. Young stated that this is just a rough sketch to show where the roads would set presuming. There is always a chance for change. The Council highly recommended that he make the green space flow better together. The Council stated that they felt there is a time to make exceptions for lot size with the amount of trees on the property with their suggestions to be taken into the plan as well. Mayor Prochaska stated that if this plan is to continue forward with the clustering being acceptable by all,that the Council should look more at the specifics of architecture, sq footage of homes, etc. to make those aspects of the homes be kept top end to make up for the loss of the 12,000 sq ft lots in this area in preserving the land there. Look at set-backs to save the trees, side yards, and other items in the PUD. Mr. Young discussed the utility placement with preserving the root systems of the trees as well. The plan commission should be given the comments and suggestions as well to help on their end know what the Council would like to see happen. On the south side of the property there would be approximately 200 lots at 8,125 sq ft in size. Mr. Young has asked that the Committee let them know now if this is not desirable so that the development could move forward. Mr. Young stated that certain lots will not allow for sheds or play structures do to the size and that will be known to the people who buy these homes as well. Mr. Graff stated that the next step would be to get some standards set up for the area. They would look more into the specifics of which lots would be what size. He also explained with the preservation going on in this development there would be all sorts of variations in each lot as far as set backs and house design allowable due to the tree growth right there. The goal is to save the trees and get this area developed to bring in more funds for the City. Alderwoman Spears stated that she would hate to see the intentions be good here in preserving the trees, yet others have developed with that intention and when they did the building they removed a lot of the trees to get the homes built. Mr. Young agreed that this should not happen. From here they are looking to develop conversation design standards to fit this project and others to bring back to the Council before moving forward too much with this. Mr. Young stated that they would work with their consultants to bring that back to the Council. The Council is looking to have provisions in writing in the agreement regarding the preservations of the trees. The quality of the homes put on these under sized lots would like to be guaranteed for more reasoning for making the lots so small in preserving the trees. With that in mind, the work requested to be done will be worked on and come back before the Council. 5 Page 6 of 8 Economic Development Committee: 1. Autumn Creek Annexation and Planned Unit Development Agreement— COW 12/7/04 & 12/21/04: Mr. Graff stated that the Committee has not seen this agreement and the hearing was back in December. Reviews were collected by Staff and there was a change of Attorneys within the firm,making it possible that they got the comments about 2-3 weeks ago. He went on to state that both the owner of the nursery property being discussed and the developer are here this evening. At this point, the City Staff is looking for input on the draft annexation agreement and how to move forward. Mr. Graff went over what has been previously worked out between the developer and the City since this was last before the Council. The Committee discussed the agreement with the developer and found the following needed to be changed and/or cleaned up with the verbiage: • Alderman Sticka questioned where it is written into the agreement regarding sales tax rebates for the commercial area. He went on to state that the commercial area is planned to be sold off. He feels this should not be in here and in the future the City can work with the buyer then with any such rebates. He was also concerned with all the references of special uses; this should be addressed when the final land owner is discussing that with the Council themselves. Mayor Prochaska stated that they will allow verbiage stating the City will consider only, not guarantee. • Alderwoman Spears pointed out that there were pages missing. Mr. Graff stated that those were exhibits that were talked about in the agreement. • Alderwoman Ohare stated that on page 30, paragraph C states that the developer will have the ability to start construction of the foundations before approval of the final plat. This needs to be at the developers own risk. If the City needs lot lines moved or what not, the developer will have to move accordingly as well. Mr. Graff stated that this was requested to keep from pouring foundations in the winter, due to the poor quality of foundation that can come from doing them in the cold. The developer knows it is at their own risk. The Committee asked that it state in the agreement that it is allowed at the developers own risk. Mayor Prochaska also asked that it state here that by allowing these permits to go out before final plat acceptance, it in no way guarantees approval of the final plat. Mr. Cudney also went over with the Committee what type of public improvements they were looking into having accomplished by having an SSA. With that the Committee requested that the verbiage be cleaned up and also requested that some of the lots be made available for local builders to buy as well to keep local builders in business too. This will come back to COW on 4/19/05 after being cleaned up. 6 Page 7 of 8 Park Board: 2. Fox Hill East Park—Ball Field Installation—PKBD 3/14/05: Laura Brown explained to the Committee that there was an increase of over 200 more registrations into the Youth Baseball for this year. With the amount of new teams and games scheduled, there is an urgent need for building a new field for this year. With Council's approval, staff would be prepared to install a permanent field at Fox Hill—East Park immediately in preparation for the YYBSA season which begins April 1 lth. The funding would come out of the Capital fund for this project and $6,000.00 would come from YYBSA to share in the cost. The total cost will be approximately$12,000.00. The Committee agreed to move this on as consent agenda on 3/22/05 at City Council. The Committee also discussed at this time the parking issue on John Street next to the park. Laura Brown stated that they have discussed additional striping and cross walks on John Street before this field goes in. It was confirmed that the road was sized to hold parallel parking on both sides. The Committee requested that due to safety reasons, they would like to see signs posting only allowing parking on one side. Mayor Prochaska cautioned that the parking will spread over onto the other roads then in that area. They also discussed the idea of having a caution sign for the park area located there. Public Works Committee: 1. EEI Scope of Service for Fox Road—Southwest Area Transportation Study: John Whitehouse spoke to the Committee regarding the above item. He passed out some color maps to the Committee to look over while he discussed the study. They have the scope of services ready and will speak briefly on what has been given to the City on this matter. He went on to state that they came up with this in regards to the Aspen Ridge and Fox Hill development discussions regarding the amount of traffic that will go into Fox Road with those being developed. The area included is bounded by the river, Highpoint, IL RT 47 and IL RT 71. They will look at data collection at various intersections in that area, the roadway network alternative in the area. He feels Fox Road is not the only alternative here and what IDOT is planning. He explained in more detail what would be looked at in this area and what would affect traffic. The Committee questioned what this study would be funded by with the cost estimates at$34, 665.00. It was stated by Mr. Graff that 2 developers in the area have already agreed to put funding towards these costs and the total project will have it written in that it will be done subject to receiving funds from developers. 7 Page 8 of 8 Mr. Durvin Allen stated to the Committee that he had spoke to the County regarding any more Fox Road improvements being done on their part, and they have no future plans to do more work there. The Committee agreed to move this forward to City Council as consent agenda subject to receiving funding from developers. 7. EEI Hourly Rate Increases—PW 2/28/05: Mr. Jeff Freeman stated to the Committee that EEI will be increasing there hourly rates for what they charge the City. He went over with the Committee the letter and table provided with the Committee members for explanation of why the rates are increasing. The Committee agreed to look into what neighboring Communities are being charged compared to the City of Yorkville. Mr. John Wyeth also discussed with Mr. Freeman as to how the current contracts would be handled with the rate increase. It was found that EEI will honor contracts that are current with the City. This will move on to City Council under Public Works. There will be a resolution stating what discussed and if a list is possible it will be made available to the Committee. Presentations: 2. Proposed FY 05/06 Budget—Admin 3/3/05: Tracy Pleckham started discussion on this item and the Committee agreed to table this to a meeting set for 3/29/05. Detail Board Report(Bill List): Tabled to meeting set before next City Council meeting. Items Recommended by Committee for Consent Agenda: &Mayor: All items under these two agenda items were moved on to the next City Council meeting for discussion there. All other items on agenda were tabled to the meeting set to take place before the next City Council meeting for discussion at that time due to the length of the meeting this evening. The meeting was adjourned at 11:05pm. Minutes by: Sheila Teausaw 8 Page 1 of 11 UNITED CITY OF LLE COMMITTEE OF THE WHOLE MEETING DRAFT Wednesday,April 6,2005 7:00 PM City Conference Room City Staff Present: Mayor Art Prochaska Police Chief Harold Martin City Attorney, John Wyeth Alderwoman Ohare Alderwoman Spears Alderman Munns Alderman Sticka Alderman Kot(arrived 7:30) Parks &Rec Director Laura Brown City Treasurer Bill Powell (arrived 7:10) City Administrator Tony Graff Guests signed in: Cindy Wolfer Dean E Wolfer Merida Marshall Roy Kauffman Donn H Marshall Larry Stellman Mari Stellman Allecia Vermillion Terry VanCurn Brian Sygnator Chuck Brooks Fred Dusell Gary Golinski Tony Scott Tim Winter Brian Henricks Dana Jones Alice May Matt Cudney Eric Jostale Michelle Nicholson Dean Leffelman Donna Melchert Nora Kammer Nicole Grundwald Christopher Kopecky John Whitehouse Jeff Freeman Kelly Knierim Lynn Dubajic Jason Leslie Kevin Stought Mayor Prochaska called the meeting to order at 7:00pm. He requested to start with EDC item#9,but due to Alderman Kot having not yet arrived, they will hold off on that discussion. Public Hearing: none Presentations: none Detail Board Report Bill List): Alderwoman Spears stated she had questions for Tracy Pleckham on some items,but had not yet heard back from her. Mr. John Wyeth stated he went over those questions with her and there was a list of replies for her. The Committee would go over those answers when Mr. Graff returned to the meeting this evening with the list. 1 Page 2 of 11 Mayor: 1. City Engineer Vehicle Agreement: Mayor Prochaska stated to the Committee that the agreement before them was the agreement for Mr. Joe Wywrot to surrender use of the City vehicle that was originally agreed for use when he started working with the City. In this agreement it shows the compensation that will be added to his base salary for the loss of the use of the vehicle from the City. The Committee had no questions and agreed to move this forward to City Council as consent agenda. Detail Board Report Bill List): Mr. Graff returned to the meeting with the list of replies provided for Alderwoman Spears as earlier discussed. The Committee went over the list together. • Page 2, 01 Bldg/Zone-BKFD Deed-It was requested that Tony have A/R be put on there as this will be charged back to Menards to be paid. • It was requested that any of the legal questions be discussed with Mr. Wyeth in private if the Council Members needed. • Page 6, 01 ARO-Post Office Building-This is work that Mr. Kramer has done for the City and is a bill from that office. • Page 10, 1st two items, there was a question if this could have been done in house, the reply was no. • Page 12, last two items, there was a question if these bales of straw were purchased from an employee's farm, the reply was that this was not from the employee just extended family of that employee who's farm had what the City needed. • Page 14, in petty cash, item 05 Admin-coffee, donuts &juice-There was a question of why the City was paying for these items for an IDOT meeting. The reply was that Mr. Graff did speak at this meeting and it is something the City supplies for lengthy events like this. • Page 25, last item, it was requested that Center Ave be correctly entered as Center Parkway. • Page 29, under Jewel-Osco, there was a question as to why the City was supplying items under 02, 03, and 04. The reply was that the City does supply coffee and basic cleaning products to keep the office running with the guests and visitors it has. • Page 30, under Kendall County Health, it was questioned if the Hepatitis B vaccines and/or tetanus immunizations were required for any of the City positions, the reply was yes, in public works it is required for some positions for what they work with on a daily basis. • Page 32, last item, it was pointed out that there is no line item for the employment screening services done by Lexisnexis Peoplewise. It was stated that this was a background check requested to be done by the Police Department before any new employee had access to there computer systems. 2 Page 3 of 11 • Page 39 &40, it was questioned if the City was overpaying on the Nextel and Nicor Bills. The reply was that these were credits to the City over any over billing those two companies had previously charged the City. • Page 47, 1St item, It was requested that North Star be changed to Nortel for the use of the correct name. • Page 56, Thompson Appraisals,the funds for the Land Cash Study came out of Bldg/Zone not Parks due to work on all departments. • Page 60, John Wyeth, any questions from billing from his office once again was directed to be spoken directly with him due to legal issues. Lastly, it was requested by Alderwoman Spears that all Council members receive a chart of accounts for reference be put in there mailboxes. The Committee agreed to move the Detail Board Report on to City Council. Mayor: 2. School District 115 Request to Waive Water Tap on Fee for Grande Reserve Grade School: The School District has requested that the water tap on fee for Grande Reserve Grade School be waived. Mayor Prochaska recommended that the fee be waived and the Committee agreed that it be stated that it will be stated that any out of pocket costs be waived. This will move on to City Council with new language in agreement. 3. EEI Scope of Service for Design and Construction Engineering Services for the Raymond Regional Stormwater Management Facility: Mayor Prochaska stated that Mr. Jeff Freeman with EEI was here to present this item. Mr. Freeman stated that Mr. John Whitehouse was the primary author working on this item and would like him to speak on behalf of EEI. Mr. Whitehouse went over the proposal for professional services that was in front of the Committee members. Alderman Sticka questioned where the funding for this work was to come from. Mayor Prochaska stated that typically the funding would be pulled from developers coming into the area. Mr. Sticka also questioned then if the City needs to start budgeting for the work to begin. Mayor Prochaska stated that they could begin budgeting out of revenue and expense. Mr. Whitehouse stated that 1/2 of the total amount of the project cost would be needed to cover the cost up to construction time. Mr. Wyeth stated that they could write into the agreement that this work would be subject to funds to be received from developers like the City has done with other previous projects. The Committee discussed that the developers would have to be responsible for the entire cost of this project and all agreed to move this item on to City Council with language written in that this is only to move forward subject to receiving funding. 3 Page 4 of 11 4. EEI Scope of Service for Design and Construction Engineering Services for the Raymond Storm Sewer Outfall: Mr. Whitehouse again represented EEI on discussion on this item. This work would be connected to that mentioned in item Mayor#3. This work would be essential improvement needed to allow outlet in tile system. Mr. Whitehouse went over the proposal for professional services with the Committee for this work needed. Mr. Whitehouse stated that the design phase would be $44,000 and the construction phase would be $35,000. Mayor Prochaska recommended that this be worded the same as item #3,being that this work will move forward subject to receiving funding. The Committee agreed to move this on to City Council with stating subject to receiving funds. Economic Development Committee: 9. EEI Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor and Fox River Crossing, IL Route 71 to Base Line Road: (Due to the amount of public that have attended this evening's meeting to discuss this item, the Mayor chose to move on to this item from EDC first.) Mr. Whitehouse again spoke on behalf of EEI for this item as well. He went over with those present as to where the Study would cover and what items EEI would be looking into and how they would come up with their facts and figures. The City asked EEI to present a proposal for the entire area running north/south from Baseline Road to Route 71. He went on to explain some of the similarities between this study and the Fox Road Study. The main reason this is being done is to ease traffic in the area with a new north/south corridor. He stated that previously the corridor showed up in the City's overall plan and this Study will include such things as intersection planning, etc. to help with future development. Mayor Prochaska stated that feasibility will decided yes or no to this ultimately being done, which is why the City has requested the Study. If it is feasible, this corridor will definitely help with traffic. This will give ideas for future planning, so that the City can make sure enough funding will be coming in from developers and guide them where and what to build. Yorkville has no funds to neither build a bridge now, nor will they have any funds for a bridge in the near future, yet it would be smart for the City to plan a for a future river crossing. Alderman Sticka stated that Sugar Grove has approved planning and obligated developers there to do their part of the corridor; this is Yorkville's chance to plan to have that extend south for easement of the traffic in this area as well. Mr. Sticka also suggested that this corridor be restricted to use of automobiles only, to keep from the truck congestion tearing up the roadway as well. Alderman Munns stated he is concerned that there will be too many outlets onto Route 34 with some of these roads happening, which will then cause even more congestion. Mayor Prochaska stated that[DOT does have spacing 4 Page 5 of 11 restrictions onto these main highways and that is what will be looked into. Mr. Munns stated he is concerned that the residents residing in Fox Hill Subdivision would not be able to get out onto Route 34 with this corridor going in. Alderman Sticka stated that the City not taking advantage of planning to join up with the corridor Sugar Grove is planning would be a big mistake on the City's part. Mr. Whitehouse stated that the study will look into other interconnections to alleviate some of the resident's and Council's concerns. Mayor Prochaska stated that communities to the North of Yorkville are dealing with a lot of issues now because they did not deal with these issues at the proper time,before development took over. Doing the study now will help with not having to later on displacing homeowners to make way for a roadway to go in that wasn't planned on at the proper time. Mr. Whitehouse stated that as part of the study they do plan on having public information meetings to see what concerns are in certain areas. Alderwoman Spears questioned when the City requested this Study; she recalls this never being spoke of at any EDC meeting. Mayor Prochaska stated that he requested this as part of the Comprehensive Plan. He went on to state that when the Comprehensive was completed the City would revisit this issue. Now they are at the step to do the feasibility plan for this to be done. Alderwoman Spears stated that she recalls that she, Alderman Munns and Alderwoman Burd asked that this be taken off of the comprehensive plan at that time. Alderman Sticka stated that this was never discussed at EDC,but for the agenda tonight, it was the proper place to put this for discussion. Alderwoman Spears then went onto question if the City is going to look into restricting truck traffic, wouldn't this later result in the City losing out in MFT funding. Alderman Sticka replied that it would limit that funding,but is a trade off. Mayor Prochaska stated that the State would determine that when the time came. Alderman Sticka pointed out that a road without truck traffic does last considerably longer as well. Alderwoman Spears questioned if the City would be displacing homeowners. She stated that when they did the original study,there would be homeowners displaced. Mayor Prochaska replied that is the reason for doing the study to find out the possibilities. She does not want to move forward if there are homeowners being out of a home. Alderman Sticka stated that in the original study, the only thing that was found is that there was a feasibility study needed to be done,there are still lots open on River Road where a road could cross without displacing homeowners. Alderwoman Spears questioned what funding was needed for the Countryside feasibility study compared to this one. Mayor Prochaska and John Whitehouse discussed with her the differences between the studies and what is 5 Page 6 of 11 involved with this study. She requested a copy of the Countryside feasibility study to look over. The Committee discussed if the funding would come from Developers, it will and where that funding comes from and the fact that these funds are already received for projects such as this one. Alderwoman Ohare stated that this is a study to look into something the citizens have requested. The Committee also discussed the benefits and disadvantages of a corridor and/or bridge going in where the City is looking to do the Study. Alderman Kot stated he was all for planning ahead before the development goes in and causes more congestion. He added that last year when this idea was brought up, many residents expressed that they did not want to see this move forward, but he would like to hear from the residents again to see what they feel now. He suggested that the residents could form a citizens group as well to work with EEI on this Study. The Committee agreed with Mr. Whitehouse that the public speakings will be a great benefit to hear what the resident's needs and concerns are. At this time, Mayor Prochaska opened the meeting to hear from the public that have attended to speak on this item. Mr. Fred DuSell from Yorkville stated to the Committee that he feels that we are revisiting this more than we need to. The first issue that came up was under the table in the way it was presented to the residents of Yorkville. It was offered to a professional group without a competitive bid and that's why they resented that. Secondly, it was put into a place where it will affect homeowners on a very detrimental basis, taking out trees and affecting their property values. He stated there are other alternatives involved and that is why there is so much argument here and he does not see any resolve to these. He questioned if the City has studied going into Pavillion Road going from a north axis off of Beecher Road, with less properties involved. He stated lastly that he is asking why affect property owners when they can look 1&1/2 west of Route 47. Mayor Prochaska stated that Eldamain Road connecting to Pavillion is already being looked into; this study in question tonight is for future planning. He went on to state that the City should have built the road where the right of way stands now so the people moving into the subdivision in Fox Hill would have clearly known this was in the plans. Nicole Grunwald a resident on Red horse Lane in Yorkville stated that they were not informed of this and would not have bought these lots had they known about this future road. She questioned why the road wasn't put in or the study done before the development went in at Fox Hill. She feels that they are now in these homes and can't sell due to the possibility of this corridor going in so close to their homes. 6 Page 7 of 11 Alice May a resident on River Road, stated that from Route 47 to Eldamain is 1& '/2 miles, and along that route there is only a very short distance of land without houses presently built. If that space does not work,there will be homeowners displaced. She stated that Ron Reem,the president of the River Road Homeowners association, asked her to question this evening the reason why would there have to be another bridge between Route 47 and Eldamain Roads. Mayor Prochaska stated that this is planning for the way future when the City of Yorkville has massive growth and it is needed. She went on to state that her dream is to hand this house on River Road down to her children. Mayor Prochaska stated that he is not sure if that would be an issue for her. Dana Jones, a resident, stated to the Committee that she understands the feasibility study. One of the considerations that they are asking is that they look at moving it to the other side of the tree line. The other concern that she has is where Kelly Avenue connects to the right away now will eventually become a turn in and anyone who does come over the bridge will see that as a way around Fox Road and drive right through their subdivision past the parks. Mayor Prochaska replied that these are things that can be designed to the road to limit this from happening. Alderwoman Spears questioned if going east of the tree line would be included in this proposed study as Dana Jones has suggested. Mayor Prochaska replied that it is included. Brian Sygnator stated he lives one block off the tree line being discussed. He stated that he is hearing through conversation that no one is against the growth and improvement for the roadways,but certain standards should be put in place(easements, set-backs, etc.)before being considered. Mayor Prochaska stated those standards are in place in the City already such as buffers, 50-100 foot set-backs. Mr. Sygnator agrees that planning is needed for an alternative route to Route 47. Ron Clear from Greenbriar Subdivision stated that his concern is when he looked at the map in the City office that this is going to dump traffic into his subdivision. Mayor Prochaska stated that is the map from the old Comprehensive Plan. They discussed how this route would cut next to Greenbriar Subdivision, which will all be looked at in the study on how to set this up. Mr. Clear asked why they couldn't just use Pavillion Road since it is already there. Mayor Prochaska reminded him that Pavillion Road lines up with Eldamain which is already being planned for a river crossing. The City is now looking for an alternative crossing besides that one. Nora Kemmer from 42 Kelly, stated to the Committee that it is most alarming and much anticipated that a truck route will be going in next to their homes. Mayor Prochaska stated that it would make no sense for the City to plan a truck route in that area when the comprehensive plan already shows there is no need for that there. 7 Page 8 of 11 The Committee finished up discussion with those that spoke above and reminded that this is just a study to be done. With the residents to be involved, they can work with the City to share there concerns and expectations. This will move on to City Council subject to funding with revenue pending available funds. 1. Prairie Gardens PUD Amendment—CC Public Hearing 3/22/05: Thomas Grant stated to the Committee that the building on lot#1 is already built. This is at COW since it is a PUD amendment. There was no discussion at the public hearing. The Committee agreed to send this to City Council as consent agenda. 2. Bristol Bay Annexation Agreement—CC Public Hearing 2/22/05 a. Preliminary Plan—Plan Comm 3/23/05: Kevin Stough with Centex Homes went over the corrections to the annexation agreement that were made according to what the City Staff and Council members had suggested previously. He also provided Architectural Boards to show the Committee members what the housing would look like. The Committee members expressed the following concerns: • Do not like single car garages, no room for 2 cars in drives which causes too much parking in the roadways. • Concerned the off street parking for the residents may be too far away from the homes that they would not be used and still cause congestion on the roadways. • Why did the developer feel the need to add more units-concerns in plan stating can add more units as needed without City approval? (Mr. Wyeth explained reasoning behind this, wording should be adjusted.) • Committee pointed out various wording issues that needed to be changed. • Mr. Stough stated that they as the developer can not meet some of the dates in the plan either and those will be adjusted before coming back before the City. • The Committee agreed they did not like the fact that throughout the agreement where it says 'at the sole cost of the City'. That will be changed accordingly as specified. The Committee discussed the above items with Mr. Stough and agreed to change wording according to the Council's wishes. This will come back with corrected language and a better form to a future COW. 5. PC 2005-07—55 Riverside Street— 1 % Mile Review—EDC 3/17/05: The Committee discussed that this meets City and County requirements for splitting 1 lot into 2 lots. There were no concerns with this item and it will move onto City Council on 4/12/05. 8 Page 9 of 11 4. Swanson Lane Estates—Annexation Agreement and Preliminary Plan: Chris Lebecke with Swanson Lane Estates discussed the plan before the Committee and made references to Homeowner's items and Mr. Wywrot's suggestions. Mr. Wyeth made suggestions as well. This will move on to City Council for 4/12/05. 8. PC 2005-06 Grande Reserve Unit 7 Lot 3011—Resubdivision—Plan Comm 3/23/05: The Committee discussed that this lot needs to be resubdivided by May 1, 2005 in order for the land to be dedicated to the school. There were no questions on this item and was moved forward to City Council by 4/12/05. 3. Autumn Creek Annexation and Planned Unit Development Agreement— COW 12/7/04, 12/21/04, and 3/15/05: Mr. Graff stated that this is back due to changes in funding and fees from the reduction of lots that will be developed. On page 9, there was concern with the#of months needed was not filled in and Mr. Graff stated that 24 months would be enough time to put in there. Mr. Cudney stated that% is normally filled in by the City Engineer, which is why they are still blank as well. Mr. Wyeth will make sure the blanks are filled in for this agreement and the Committee agreed to move this forward to City Council for consideration. 6. PC 2005-11 Countryside Pump Station—Rezoning and Special Use—Plan Comm 3/23/05 & 7. PC 2005-12 Bruell Street Pump Station—Rezoning and Special Use—Plan Comm 3/23/05: John Wyeth stated to the Committee that these both went through Plan Comm and were necessary to be done. The Committee had no questions and moved on to City Council for consideration. Park Board: 1. Park, Gazebo, Shelter Reservation Policy Update—PKBD 3/28/05: Laura Brown presented the revised policy to the Committee. Mr. Wyeth stated he found some wording he would like changed in the policy and has that noted to be done. Laura discussed with the Committee some of the changes that have occurred from the previous policy on hand. The Committee requested for some more changes to be made as well. They are as follows: • Language that the City has a right to review all applications and make changes when safety is in question. • The cost of residents to use the City shelter seemed high; Laura will look at lowering those costs for residents in categories A, B, and C. • Petting Zoos-Language for keeping the City to not be held liable in the policy. These changes will be made according and this item will come back to a future COW with the corrections made. 9 Page 10 of 11 Public Works Committee: Items 1-11 are proposed Consent Agenda items per Chairman Besco: The Committee agreed to keep as consent agenda and move on to City Council as consent agenda. 12. Fox Hill Mowing and Maintenance—Results of Bid Opening—PW 3/28/05: Mr. Dhuse will need to be contacted to confirm that English and Sons Landscaping do meet all of the qualifications. If they do, since they are the lowest bidder they will be awarded the bid. This will move on to City Council as consent agenda with this information being made available at that time. 13. Reserve at the Fox— Construction Guarantee—PW 3/28/05: Mr. Wyeth did look this over with Mr. Joe Wywrot and every thing looked good. The Committee had no questions on this item, so this will move on to City Council as consent agenda. 14. Cannonball Estates Phase 2—Letter of Credit Reduction#4—PW 3/28/05 & 15. Cannonball Estates Phase 1—Letter of Credit Reduction #5—PW 3/28/05: The Committee discussed if these letter of credit reductions should be passed through since the developer in question is not getting work done on a timely basis as well as the City has been waiting 2-3 years for the punch list work to be completed. Mr. Wyeth stated to the Committee that he feels there is enough work undone to withhold the funds requested in the letter of credit reductions. The Committee agreed to not move this forward and will be in touch with the developer. 16. 500,000 Gallon Water Tower Painting—Results of Bid Opening—PW 3/28/05: Mr. Wywrot is recommending the bid be awarded to the second lowest bidder due to lack of proof of documents of experience needed to work for the City. Mr. Wyeth agreed that there is a lack of proof here and is also recommending awarding the bid to the second lowest bidder which is Maxcor, Inc. in the amount of$193,000.00. This will move on to City Council as consent agenda. 17. 2005 In-Town Drainage Projects—Results of Bid Opening—PW 3/28/05: Mr. Wywrot and Smith Engineering have both looked over the bid for this project and find that the bid should be awarded to the lowest bidder who is R.A. Ubert Construction Co. in the amount of$921,017.00 subject to the City having sufficient budget for the project. The Committee had no questions on this item and was moved on to City Council as consent agenda. 18. Aux Sable Creek— 100 Year Storm Release Rate Modifications of 2 Year & 25 Year Release Rates—PW 3/28/05: Mr. Graff stated that the date was altered to make the release slower. The standard will be changed for Aux Sable Creek. With the wording cleaned up per Mr. Wyeth, this will come back to 5/3/05 COW. 10 Page 11 of 11 19. Proposed New Hire for FY 05/06—Maintenance Worker II (Julie locator)— PW 3/28/05: It was asked of the Committee to allow for Mr. Dhuse to go ahead with starting to advertise for this position to be filled while being subject to budget approval. The Committee had no problem allowing this to work this way and moved this forward to City Council as consent agenda being subject to budget approval. Public Safety Committee: 1. No Report Administration Committee: 1. YBSD Intergovernmental Agreement—Admin 3/3/05: Kelly Kramer is working on this item and should be working on a draft. The Council members will receive the draft in their mailboxes and this will move on to City Council for consideration after they receive their drafts. Executive Session: This item was tabled until a new meeting set after the next City Council meeting. Additional Business: • Alderman Munns pointed out that the baseball sign in Fox Hill subdivision is still up and should be taken down. Laura Brown stated that Scott was told to have down by Monday. She will keep working on this issue until it is completed. • Alderman Munns asked Mr. Graff if he was still getting him the information he requested on some PW issues. Mr. Graff will get that to him. • Alderwoman Spears stated that the lights are out again in the Countryside Parking Lot. Mayor Prochaska stated that Harold Oliver was planning on turning off the lights on the west side of the lot. She expressed her concern with no lights there and people still using it. Mr. Graff will speak with him regarding putting up a fence in the area that will have no lighting for the safety of people. • Alderwoman Spears stated that she had received letters regarding construction traffic on Spring Street. The letter stated that the majority of the construction is finished and they are looking to continue in the process. This will be looked into further and go to Public Works for further discussion. • Alderwoman Spears stated that she is receiving many calls questioning the placement of campaign signs in the right of way at intersections. The Committee discussed this and it is `Freedom of Speech' and any one has the right to put up or take away these signs. Mr. Wyeth agreed the best answer would be that it is a freedom of speech issue and the City would rather not find itself on the wrong side of a debate. The meeting was adjourned at 11:23pm. Minutes by: Sheila Teausaw 11 E - I STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE ADOPTING APEARANCE CODE Whereas, the United City of Yorkville has initiated and convened an ad hoc committee to develop an Appearance Code for the United City of Yorkville, and Whereas, said committee, comprised of representatives from City Staff, Elected Officials, and the Business community has expended great energy and a great deal of time in developing the text of said Appearance Code, and Whereas,the Appearance Code shall become Title 8,Building Regulations, new Chapter 15,Appearance Code, and Whereas the United City of Yorkville has taken up, discussed and considered adopting the Appearance Code as presented, and Whereas the Mayor and City Council have discussed that it may be prudent to adopt the Appearance Code depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, that the Appearance Code, as depicted on the attached Exhibit"A" is hereby adopted. Said Appearance Code shall be effective upon date of passage. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Exhibit "A" Title 8, Building Regulations New Chapter 15 APPEARANCE CODE OBJECTIVES 1. The fostering of: a. Sound and harmonious design of new buildings and sites. b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. c. Better maintenance of properties through encouragement of preservation, upkeep,protection and care. d. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. 3. Encourage creative non-monotonous community designs utilizing design professionals. II. APPLICABILITY 1. The provisions of this code shall apply to: a. building permits for new construction applied for after the execution of the Ordinance, and/or b. building permits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10% of the floor area or 200 sq. ft., whichever is more and/or c. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the façade is removed and/or different type of façade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single family or multi-family buildings 1 APPEARANCE CODE d. Additions and/or major façade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20% compliance ratio is expected.) 2. The provisions of this code shall not apply to: a. This code shall not apply to industrial accessory structures. However, all accessory structures should compliment the main structure. b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. c. Provisions of this Code shall not apply to any PUDs already approved prior to the adoption of this Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May 1, 2009, for lots located within the Fox Industrial Park. III. PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code, prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code, shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Façade Committee, who shall make a recommendation to the City Council. The City Council's decision shall be final. 3. The Façade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. Is there a particular physical condition of the specific property and/or building(s) involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? c. Will granting the requested deviation from these regulations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? 2 APPEARANCE CODE d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? IV. DEFINITIONS I. Across the Street: A lot with a side yard property line, when projected across the street, intersects the front property line of the subject lot. 3. Adjacent To: defined as lots sharing a side yard property line. 4. Contiguous lot: Shares a common property line extended across the street with such lot. 5. Front Facade: the net surface area, excluding windows, doors and garages, that faces a street and includes a main entry to the building.. 6. Major Architectural Features: Covered porches, Boxed-out Bays/Projections; Decorative Dormers, Juliet Balconies, Metal Roofs. 110% credit for eachl 6. Masonry Products: brick, stone, split face brick or architectural blocks. 7. Premium Siding Material: Masonry Products cultured stone, natural wood siding and synthetic stucco V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity,while considering deviations to the standards and guidelines of this Code, are encouraged. 2. Landscape and Site Treatment a. The provisions of the City of Yorkville's Landscape Ordinance shall apply. b. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. 3 APPEARANCE CODE Maximum illumination at the property line shall not exceed 0.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. c. The provisions of the Ordinance in regards to bulk regulations, standards and off-street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub-section. 3. Residential a. Single-family detached and Duplexes (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from, or adjacent to the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building, which is identical to another, in combination with any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the facade facing a front lot line. (e) Type of facade, materials (i.e.,brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the facade facing a lot line. (f) Porch Dimension and elevation treatment. (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. 4 APPEARANCE CODE b. Single-family attached and Multiple-family The intent of this Ordinance, specifically pertaining to single-family attached and multi- family buildings, is to create a"sense of community". This can be achieved through careful site planning as well as thoughtful building design and color selections. (1) The building footprint of single-family attached and multi-family buildings can be the same. However, the facade treatments must vary between buildings that are adjacent to one another. Facade variations may include building materials or colors in any one or more of the following: (a) Siding (b) Masonry (c) Roof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and yards are less than the minimum zoning district requirements must provide an interesting relationship between buildings. (3) Parking areas shall be treated with decorative elements,building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (6) The architectural character of the building shall be in keeping with the topographical dictates of the site. (7) Masonry Products shall be incorporated on the front facade of at least 75% of the total buildings in the approved community, and shall incorporate a minimum of 50% Premium Siding material on the front facade. No less than half(25% of the total) of the minimum "Premium Siding"requirements must incorporate Masonry Products. Credit toward the remaining "Premium Siding"requirement can be earned via the use of Major Architectural Features. Each Major Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement. Example: A building with 30% masonry on the front elevation will require the use of two "major architectural features" (10% + 10%=20%)to comply with the total"50% Premium Siding material on the front facade". (8) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. 5 APPEARANCE CODE (9) Common open space and outdoor features are encouraged. 4. Non-Residential a. General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings to the site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off- street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. 6 APPEARANCE CODE b. Building Design (I) Commercial, Office and Institutional Uses (a) Guidelines for sites that have existing buildings 1. When adding an addition, distinct color variation to an existing building is prohibited. 2. When a site abuts a county, state or federal highway, and when an existing building is modified,the property owner shall be required, to the greatest extent possible, to meet the standards set forth below for the entire building. 3. If an additional building(s) is placed on the site, the additional building(s) shall, to the greatest extent possible, compliment the architectural style of the principal building. 4. Any additional building(s) placed on the site shall, to the greatest extent possible, compliment the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (1) Masonry Products or Pre-Cast shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50% of the facade. Any other facade that abuts'a street shall incorporate Masonry Products. The use Masonry Products or Pre-Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. 7 APPEARANCE CODE (5) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (7) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements, building wall extensions, plantings,berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive-through facilities, including drive-through lanes, bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of-way. (c) Standards (1) All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles,but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines, are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 8 APPEARANCE CODE 5. Industrial Uses a. Guidelines (1) Masonry Products or Pre-Cast concrete shall be incorporated on at least 50% of the total building, as broken down as follows: The front façade (defined as that façade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50% of the façade. Any other façade that abuts a street shall incorporate Masonry Products or Pre-Cast concrete. The use of Masonry Products or Pre- Cast concrete is encouraged on the remaining facades. Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. (2) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (3) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses may be placed along the front of the building or the side(s) abutting a public right-of- way when there is an industrial use across from that façade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 9 APPEARANCE CODE b. Standards (1) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (2) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the façade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. 6. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. 10 D C/ /ThM/I\/ 41 J,�`' �y°� United City of Yorkville Memo 31 800 Game Farm Road EST. "l 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-4350 o ��o Fax: 630-553-7575 `7<C E ,Lv Date: June 10, 2005 To: Mayor& City Council From: Traci Pleckham—Finance Directo CC: John Wyeth— City Attorney Subject: $3.825 million Bond Ordinance Attached please find the above referenced Bond Ordinance. This bond ordinance was originally approved at the May 10, 2005 City Council meeting (Ordinance 2005-44). Due to a change in publication date language (page 2) and a change in the bond closing date, which will be June 16, 2005, Bond Council has advised to repeal Ordinance 2005-44 and approve the attached ordinance. City Attorney John Wyeth also concurs with this recommendation. Section 28 of the attached ordinance repeals Ordinance 2005-44. Should you have any questions, please feel free to contact me. EXTRACT OF MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at the City Council Chambers of the City Hall, 800 Game Farm Road, Yorkville, Illinois, at 7:00 p.m., on the 14th day of June, 2005. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the following at said location answered present: Arthur F. Prochaska, Jr., Mayor, and Aldermen The following Aldermen were absent: The Mayor announced that the City Council (the "City Council") would next consider the adoption of an ordinance entitled: AN ORDINANCE authorizing and providing for the issuance of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois, and providing for the imposition of taxes to pay the same. such ordinance being before the City Council in words and figures as follows: 1841881.01.12 2128684•TAS•6/2/05 ORDINANCE NUMBER AN ORDINANCE authorizing and providing for the issuance of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois, and providing for the imposition of taxes to pay the same. Adopted by the City Council on the 14th day of June, 2005 TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES 1 SECTION 1. DEFINITIONS 4 SECTION 2. INCORPORATION OF PREAMBLES 7 SECTION 3. AUTHORIZATION 7 SECTION 4. DETERMINATION TO ISSUE BONDS 7 SECTION 5. BOND DETAILS 7 SECTION 6. REDEMPTION 9 SECTION 7. EXECUTION; AUTHENTICATION 12 SECTION 8. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS; GLOBAL BOOK-ENTRY SYSTEM 13 SECTION 9. FORM OF BOND 17 SECTION 10. TREATMENT OF BONDS AS DEBT 24 SECTION 11. INVESTMENTS 24 SECTION 12. ALTERNATE BOND FUND 25 SECTION 13. PLEDGED TAXES; TAX LEVY 26 SECTION 14. FILING WITH COUNTY CLERK 27 SECTION 15. ABATEMENT OF PLEDGED TAXES 28 SECTION 16. GENERAL COVENANTS 28 SECTION 17. ADDITIONAL BONDS 30 SECTION 18. DEFEASANCE 30 SECTION 19. SALE OF THE BONDS 31 SECTION 20. USE OF PROCEEDS 31 SECTION 21. GENERAL ARBITRAGE COVENANTS 32 SECTION 22. REGISTERED FORM 34 SECTION 23. THIS ORDINANCE A CONTRACT 34 SECTION 24. CONTINUING DISCLOSURE UNDERTAKING 34 SECTION 25. DUTIES OF BOND REGISTRAR 35 SECTION 26. MUNICIPAL BOND INSURANCE 35 SECTION 27. SEVERABILITY 36 SECTION 28. REPEALER 36 SECTION 29. EFFECTIVE DATE 37 THIS TABLE OF CONTENTS IS FOR CONVENIENCE ONLY AND IS NOT A PART OF THE ORDINANCE. -11- I ORDINANCE NUMBER AN ORDINANCE authorizing and providing for the issuance of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois, and providing for the imposition of taxes to pay the same. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and existing municipality and unit of local government of the State of Illinois, and is operating under and pursuant to the provisions of the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto (the "Municipal Code"); and WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary and in the best interests of the City, in order to promote and protect the public health, welfare, safety and convenience of the residents of the City, to pay the costs of funding various road and street improvements within the City(the "Project"); and WHEREAS, the Corporate Authorities have determined and do hereby determine that the Project is a lawful corporate purpose; and WHEREAS, the estimated costs of acquiring, constructing and installing the Project, including engineering, legal, financial, bond discount, printing and publication costs, and other expenses,are$3,825,000; and WHEREAS, there are insufficient funds on hand and lawfully available to pay costs of the Project, and there exists a source of funds, other than enterprise revenues, namely, those taxes imposed by the City upon public utilities pursuant to Section 8-11-2 of the Municipal Code or substitute taxes therefor as provided by the State of Illinois in the future, as authorized to be issued at this time pursuant to the Local Government Debt Reform Act of the State of Illinois, as amended (the "Reform Act"); and WHEREAS, the costs of the Project is expected to be defrayed by up to $3,825,000 of the proceeds of alternate bonds issued pursuant to the Reform Act; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and in order to raise the funds required for such purpose, it will be necessary for the City to borrow an amount not to exceed $3,825,000 and in evidence thereof to issue alternate bonds, being General Obligation Bonds (Alternate Revenue Source) payable from any revenue source as provided by the Reform Act, in an aggregate principal amount not to exceed $3,825,000, all in accordance with the Reform Act; and WHEREAS, the Corporate Authorities, on the 22nd day of March, 2005, adopted Ordinance Number 2005-23 (the "Authorizing Ordinance"), authorizing the issuance of certain Alternate Bonds, being General Obligation Bonds (Alternate Revenue Source) payable from revenue sources as provided by the Reform Act (the "2005A Alternate Bonds"), in an amount not to exceed$3,825,000 for the Project; and WHEREAS, on the day of May, 2005, the Authorizing Ordinance, which included therein a notice in the statutory form, was published in the Kendall County Record, and an affidavit evidencing the publication of the Authorizing Ordinance and said notice has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, no petition has ever been filed with the City Clerk, requesting that the question of the issuance of the 2005A Alternate Bonds for the Project be submitted to referendum; and WHEREAS, the Corporate Authorities have been authorized to issue the 2005A Alternate Bonds to the amount of$3,825,000 in accordance with the provisions of the Reform Act and the Authorizing Ordinance; $-0- of such bonds have heretofore been issued by the City; and the Corporate Authorities hereby determine that it is necessary and advisable that there be issued at this time $3,825,000 of the authorized amount; and -2- WHEREAS, the 2005A Alternate Bonds to be issued will be payable from the Pledged Revenues and the Pledged Taxes,both as hereinafter defined; and WHEREAS, the Corporate Authorities hereby determine that the Pledged Revenues will provide in each year to final maturity of the proposed 2005A Alternate Bonds an amount not less than 1.25 times debt service of the proposed 2005A Alternate Bonds, said series of bonds being the only series of alternate bonds payable in part from the Pledged Revenues; and WHEREAS, such determination of the sufficiency of the Pledged Revenues is supported by reference to the most recent audit of the City, for the fiscal year ended April 30, 2004 (the "Audit"), which Audit(i)has been presented to and accepted by the Corporate Authorities, (ii)is now on file with the City Clerk and (iii) is for a fiscal year ending not earlier than 18 months previous to the time of the issuance of the proposed 2005A Alternate Bonds; and WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois, as amended, the Mayor(the "Mayor"), on the 15th day of March, 2005, executed an Order calling a public hearing (the "Hearing") for the 12th day of April, 2005, concerning the intent of the Corporate Authorities to sell not to exceed $3,825,000 General Obligation Bonds (Alternate Revenue Source); and WHEREAS, notice of the Hearing was given by (i) publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Hearing in the Kendall County Record, the same being a newspaper of general circulation in the City and (ii) posting at least 96 hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities; and WHEREAS, the Hearing was held on the 12th day of April, 2005, and at the Hearing, the Corporate Authorities explained the reasons for the proposed bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and -3- WHEREAS, the Hearing was finally adjourned on the 12th day of April, 2005, and not less than seven (7)days have passed since the final adjournment of the Hearing; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended (the "Tax Limitation Law"), imposes certain limitations on the "aggregate extension" of certain property taxes levied by the City, but provides that the definition of "aggregate extension" contained in Section 18-185 of the Tax Limitation Law does not include "extensions ... payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act"; and WHEREAS, the County Clerk of Kendall County, Illinois (the "County Clerk"), is therefore authorized to extend and collect said direct annual ad valorem tax so levied for the payment of the 2005A Alternate Bonds for the Project without limitation as to rate or amount; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Definitions. The words and terms used in this Ordinance shall have the meanings set forth and defined for them herein unless the context or use clearly indicates another or different meaning is intended, including the words and terms as follows: "Additional Bonds" means any Alternate Bonds issued in the future in accordance with the provisions of the Reform Act on a parity with and sharing equally in the Pledged Revenues with the Bonds. "Alternate Bonds" means any outstanding Bonds issued as alternate bonds under and pursuant to the provisions of the Reform Act, and includes,expressly,the Bonds. "Applicable Law" means, collectively, the Municipal Code and the Reform Act. -4- "Bond" or "Bonds" or "2005A Alternate Bonds" means one or more, as applica- ble, of the $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, authorized to be issued by this Ordinance. "Bond Fund" means the 2005A Alternate Bond Fund established hereunder and further described herein. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" or "Paying Agent" means The Bank of New York Trust Company,N.A., Chicago, Illinois, a national banking association having trust powers, or a successor bank with trust powers or a trust company, duly authorized to do business as a bond registrar and as paying agent as herein required. "City" means the United City of Yorkville,Kendall County, Illinois. "Code" means the Internal Revenue Code of 1986,as amended. "County Clerk" means the County Clerk of The County of Kendall,Illinois. "Designated Officers" means the Mayor, City Clerk, or Treasurer, or assigns, or any of them acting together. "Expense Fund" means the fund established hereunder and further described herein. "Fiscal Year" means that twelve-calendar month period selected by the Corporate Authorities as the Fiscal Year for the City. "Municipal Code" means the Illinois Municipal Code, as supplemented and amended. "Ordinance" means this ordinance as supplemented or amended from time to time. -5- "Outstanding" or "outstanding" when used with reference to the Bonds and Additional Bonds means such of those bonds which are outstanding and unpaid; provided, however, such term shall not include Bonds or Additional Bonds (i) which have matured and for which moneys are on deposit with proper paying agents or are otherwise sufficiently available to pay all principal thereof and interest thereon or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America, the principal of and interest on which will be sufficient to pay at maturity or as called for redemption all the principal of, redemption premium, if any, and interest on such Bonds or Additional Bonds. "Pledged Moneys" means, collectively, Pledged Revenues and Pledged Taxes as both are defined herein. "Pledged Revenues" means those taxes imposed by the City upon public utilities pursuant to Section 8-11-2 of the Municipal Code or substitute taxes therefor as provided by the State of Illinois in the future. "Pledged Taxes" means the ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount, pledged hereunder by the City as security for the Bonds. "Project" is defined in the preambles hereto. "Purchase Price" means the price paid for the Bonds, to-wit: $3,818,085.80, plus accrued interest. "Purchaser" means UBS Financial Services Inc.,Chicago,Illinois. "Record Date" means the fifteenth day of the month of any regularly scheduled interest payment date. -6- "Reform Act" means the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended. "Tax-exempt" means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest is taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations. "Treasurer" means the Treasurer of the City. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that the recitals contained in the preambles to this Ordinance are true and correct and do incorporate them into this Ordinance by this reference, and such finding shall be incontestable under the Reform Act as therein provided. Section 3. Authorization. It is hereby found and determined that the Corporate Authorities have been authorized by law to borrow the sum of$3,825,000 upon the credit of the City and as evidence of such indebtedness to issue bonds of the City in said amount, the proceeds of said bonds to be used for the Project, and that it is necessary to borrow $3,825,000 of said authorized sum and issue the Bonds in evidence thereof for purposes of paying costs of the Project, and that it is necessary and for the best interests of the City that there be issued at this time$3,825,000 of the bonds so authorized for the Project. Section 4. Determination to Issue Bonds. It is necessary and in the best interests of the City for the City to undertake the Project for the public health, safety and welfare, and to issue the Bonds to enable the City to pay the costs thereof. Section S. Bond Details. For the purpose of providing for the payment of the costs of the Project, there shall be issued and sold the Bonds in the principal amount of$3,825,000. The -7- Bonds shall each be designated "General Obligation Bond (Alternate Revenue Source), Series 2005A," and be dated May 1, 2005 (the "Dated Date"), and shall also bear the date of authentication thereof. The Bonds shall be in fully registered form, shall be in denominations of $5,000 or authorized integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), as shall be numbered in such reasonable fashion as may be selected by the Bond Registrar, and shall mature (subject to prior redemption as hereinafter provided) serially on December 30 of the years and in the amounts and shall bear interest at the rates percent per annum as follows: YEAR AMOUNT($) RATE(%) 2006 30,000 4.00 2007 160,000 4.00 2008 170,000 4.00 2009 175,000 4.00 2010 185,000 4.00 2011 195,000 4.00 2012 205,000 4.00 2013 215,000 4.00 2014 225,000 4.00 2016 485,000 4.00 2017 260,000 4.10 2018 275,000 4.15 2019 290,000 4.25 2022 955,000 4.375 Each Bond shall bear interest from the later of its Dated Date as herein above provided or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months)being payable semiannually on each June 30 and December 30, commencing on June 30, 2006. Interest on each Bond shall be paid by check or draft of the Paying Agent,payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of -8- business on the Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the principal corporate trust office of the Paying Agent in Chicago, Illinois, or at successor Paying Agent and address. Section 6. Redemption. (a) Optional Redemption. The Bonds maturing on or after December 30, 2015, are subject to redemption prior to maturity at the option of the City as a whole, or in part in any order of maturity determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar), on June 30,2015, or on any date thereafter, at the redemption price of par plus accrued interest to the date of redemption. (b) Mandatory Redemption. The Bonds due on December 30, 2016, are subject to mandatory redemption, in integral multiples of$5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 30, 2015, in the principal amount of$235,000. The Bonds due on December 30, 2022, are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 30 of the years and in the principal amounts as follows: YEAR PRINCIPAL AMOUNT 2020 $300,000 2021 320,000 2022 (maturity) 335,000 (c) Redemption Procedure. The Bond Registrar shall proceed with mandatory redemption without further notice or direction from the City. For redemptions at the option of the City,the City shall, at least 45 days prior to the redemption date(unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturities of Bonds to be redeemed. For purposes of any -9- redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such series and maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate;provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or$5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the City may determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Bond Registrar may, and if directed by the Council shall, purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so purchased shall be cancelled and the principal amount thereof shall be credited against the mandatory redemption required on such next mandatory redemption date. The Bond Registrar shall promptly notify the City and the Paying Agent in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption,the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first-class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. -10- All official notices of redemption shall include the name of the Bonds and at least the information as follows: (1) the redemption date; (2) the redemption price; (3) if less than all of the Bonds of a single maturity are to be redeemed, the identification (and, in the case of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed; (4) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust business office of the Paying Agent. Prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner, shall affect the sufficiency of such notice with respect to other Bonds. Notice having been properly given, failure of a registered owner to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by the registered owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond -11- Registrar,but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. The procedure for payment of interest due on or prior to the redemption date shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity and bearing the same rate of interest in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested with the manual or facsimile signature of the City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of -12- authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 8. Registration of Bonds; Persons Treated as Owners; Global Book-Entry System. (a) General. The City shall cause books for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City for this issue. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the principal corporate trust office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Bond Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond;provided, however, the principal amount -13- of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the 15th day of the month of any interest payment date on the Bonds, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds, except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. (b) Global Book-Entry System. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds determined as described in Section 5 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of Cede &Co., or any successor thereto ("Cede"), as nominee of The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). All of the outstanding Bonds shall be registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter provided. The Mayor, City Clerk and -14- Treasurer and the Bond Registrar are each authorized to execute and deliver, on behalf of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-entry system (any such letter or agreement being referred to herein as the "Representation Letter"), which Representation Letter may provide for the payment of principal of or interest on the Bonds by wire transfer. With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of DTC, the City and the Bond Registrar shall have no responsibility or obligation to any broker- dealer, bank or other financial institution for which DTC holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii)the delivery to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or(iii)the payment to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on the Bonds. The City and the Bond Registrar may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective registered owners of the Bonds, as shown in the Bond -15- Register, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments of principal and interest with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede, and subject to the provisions in Section 5 hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the 15th day of the month of the applicable interest payment date, the name "Cede"in this Ordinance shall refer to such new nominee of DTC. In the event that (i) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (ii) the agreement among the City,the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason or (iii)the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with such other depository operating a universal book-entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate universal book-entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Section 8(a)hereof. -16- Notwithstanding any other provisions of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given,respectively,in the name provided in the Representation Letter. Section 9. Form of Bond. The Bonds shall be in substantially the form hereinafter set forth;provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend "See Reverse Side for Additional Provisions" shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. -17- [Form of Bond-Front Side] REGISTERED REGISTERED No. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2005A See Reverse Side for Additional Provisions Interest Maturity Dated Rate: Date: December 30, Date: May 1, 2005 CUSIP: Registered Owner: CEDE&Co. Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the United City of Yorkville, Kendall County, Illinois, a municipality and unit of local government and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for at the Interest Rate per annum identified above, such interest to be payable semiannually on June 30 and December 30 of each year, commencing on June 30, 2006, until the Principal Amount is paid or duly provided for. The Principal Amount of this Bond is payable in lawful money of the United States of America upon presentation at the principal corporate trust office of The Bank of New York Trust -18- Company, N.A., Chicago, Illinois, as paying agent and bond registrar (the "Paying Agent" or "Bond Registrar"). Payment of interest shall be made to the Registered Owner hereof, as shown on the registration books of the City maintained by Bond Registrar at the close of business on the Record Date. The Record Date shall be the 15th day of the month of any regular or other interest payment date occurring on the 30th day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the 30th day of a month. Interest shall be paid by check or draft of the Paying Agent,payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been done and have happened and have been performed in regular and due form of law; that the indebtedness of the City, including the issue of Bonds of which this is one,does not exceed any limitation imposed by law, unless the Pledged Taxes shall have been extended pursuant to the general obligation full faith and credit promise supporting the Bonds,in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds have been paid from the Pledged Revenues for a complete Fiscal Year;that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the -19- principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Ordinance. For the prompt payment of this Bond, both principal and interest at maturity, the full faith, credit and resources of the City are hereby irrevocably pledged. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. -20- IN WITNESS WHEREOF, the United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be executed with the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor,United City of Yorkville, Kendall County, Illinois ATTEST: City Clerk,United City of Yorkville, Kendall County, Illinois [SEAL] CERTIFICATE OF AUTHENTICATION Date of Authentication: This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville,Kendall County,Illinois. THE BANK OF NEW YORK TRUST COMPANY,N.A., Chicago,Illinois, as Bond Registrar By: Authorized Signer -21- [Form of Bond-Reverse Side] UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2005A This bond and the bonds of the series of which it forms a part ("Bond" and "Bonds" respectively) are of an authorized issue of Three Million Eight Hundred and Twenty-Five Thousand Dollars ($3,825,000) of like dated date and tenor except as to maturity and rate of interest, and are issued pursuant to the Illinois Municipal Code, as amended (the "Municipal Code"), the Local Government Debt Reform Act, as amended, and all acts of the General Assembly of the State of Illinois, and as supplemented and amended (collectively, the "Applicable Law"), for the purpose of financing various road and street improvements within the City (the "Project"), as more fully described in the Ordinance as herein below defined. The Bonds are issued pursuant to an ordinance adopted by the City Council of the City on the 14th day of June, 2005 (the "Ordinance"), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the Registered Owner by the acceptance of this Bond assents. The Bonds are payable from means those taxes imposed by the City upon public utilities pursuant to Section 8-11-2 of the Municipal Code or substitute taxes therefor as provided by the State of Illinois in the future (the "Pledged Revenues"). The Bonds are also payable from ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the "Pledged Taxes") (the Pledged Revenues and the Pledged Taxes being collectively called the "Pledged Moneys"), all in accordance with the provisions of the Applicable Law. The City reserves the right to issue Additional Bonds without limit from time to time payable from -22- the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bonds;provided, however, that no Additional Bonds shall be issued except in accordance with Applicable Law. Under the Applicable Law and the Ordinance, available Pledged Revenues shall be deposited into and segregated in the Pledged Revenues Account of the 2005A Alternate Bond Fund, and the Pledged Taxes shall be deposited into and segregated in the General Account of the 2005A Alternate Bond Fund, each as created by the Ordinance. Moneys on deposit in said Accounts shall be used and are pledged for paying the principal of and interest on the Bonds and for any further purposes in the priority of lien and as provided by the terms of the Ordinance. The Bonds may be subject to optional and mandatory redemption as set forth in the Ordinance. Notice of any such redemption shall be given by the Bond Registrar on behalf of the City as set forth in the Ordinance. This Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in the Ordinance. The City, the Paying Agent and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City, the Paying Agent nor the Bond Registrar shall be affected by any notice to the contrary. -23- ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto [Identifying Numbers] (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 10. Treatment of Bonds as Debt. The Bonds shall be payable from the Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation,unless the Pledged Taxes shall have been extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, as set forth herein, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds have been paid from the Pledged Revenues for a complete Fiscal Year,in accordance with the Reform Act. Section 11. Investments. Moneys on deposit in and to the credit of the Bond Fund shall be invested by the Treasurer, but only in investments then permitted under Illinois law. Such -24- investments shall mature or be subject to redemption at the option of the holder thereof prior to the time when needed and may be sold from time to time by the Treasurer as funds may be needed for the purpose for which said Subaccount has been created. After making provision for the payment of any amount of excess arbitrage profits, as provided in the Code, attributable to investment earnings or profits to any hereinafter created Rebate Fund for the Outstanding Bonds, all earnings or profit on any funds so invested in the Bond Fund shall be retained therein. Moneys in the Bond Fund shall be invested by the Treasurer, if necessary, in investments restricted as to yield, which investments may be in United States Treasury Obligations—State and Local Government Series, if available, and to such end the Treasurer shall refer to any investment restrictions covenanted by the City or any Designated Officer thereof as part of the transcript of proceedings for the issuance of the Bonds, and to appropriate opinions of counsel. Section 12. Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Treasurer separate and apart from all other funds and accounts of the City and be known as the"2005A Alternate Bond Fund" (the "Bond Fund"). The purpose of the Bond Fund is to provide a fund to receive and disburse the Pledged Revenues and to receive and disburse Pledged Taxes for any (or all) of the Bonds. There are hereby created two accounts of the Bond Fund, designated the Pledged Revenues Account and the General Account. All Pledged Revenues shall be deposited to the Pledged Revenues Account, and all Pledged Taxes shall be deposited to the credit of the General Account. The Bond Fund and its respective accounts constitute a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Any Pledged Taxes received by the City shall promptly be deposited into the Pledged Taxes Account of the Bond Fund. Pledged Taxes on deposit to the credit of the Pledged Taxes Account shall be fully spent to pay the principal of and interest on the Bonds for which such -25- taxes were levied and collected prior to use of any moneys on deposit in the Pledged Revenues Account of the Bond Fund. There shall be credited to the Pledged Revenues Account of the Bond Fund and held, in cash and investments, on or before the first day of each month by the financial officer of the City, without any further official action or direction, the Pledged Revenues. Each monthly deposit shall be a fractional amount of the interest becoming due on the next succeeding interest payment date on all Bonds and also a fractional amount of the principal becoming due on the next succeeding maturity date of all of the Bonds until there shall have been accumulated and held, in cash and investments, in the Pledged Revenues Account on or before the month preceding such maturity date of interest or maturity date of principal,an amount sufficient to pay such principal or interest, or both. In computing the fractional amount to be set aside each month in the Pledged Revenues Account, the fraction shall be so computed that a sufficient amount will be set aside in said Account and will be available for the prompt payment of such principal of and interest on all Bonds and shall be not less than one-sixth of the interest becoming due on the succeeding interest payment date and not less than one-twelfth of the principal becoming due on the next succeeding principal payment date on all Bonds outstanding until there is sufficient money in said Account to pay such principal or interest, or both. Credits to the Pledged Revenues Account need not be made at such time as there shall be a sufficient sum, held in cash and investments, in said Account to meet principal and interest requirements in said Account on the next two (2) succeeding debt service payment dates on the Bonds outstanding. Section 13. Pledged Taxes; Tax Levy. The Bonds are Alternate Bonds. For the purpose of providing funds to pay the principal of and interest on the Bonds, and as provided in -26- Section 15 of the Reform Act, there is hereby levied upon all of the taxable property within the City,in the years for which any of the Bonds are Outstanding, a direct annual tax for each of the years while the Bonds or any of them are Outstanding, in amounts sufficient for that purpose, and there be and there hereby is levied upon all of the taxable property in the City the direct annual taxes in the amounts as follows (the "Pledged Taxes"): YEAR AMOUNT 2005 $292,859.09 for interest up to and including December 30, 2006 2006 $316,778.76 for interest and principal 2007 $320,378.76 for interest and principal 2008 $318,578.76 for interest and principal 2009 $321,578.76 for interest and principal 2010 $324,178.76 for interest and principal 2011 $326,378.76 for interest and principal 2012 $328,178.76 for interest and principal 2013 $329,578.76 for interest and principal 2014 $330,578.76 for interest and principal 2015 $336,178.76 for interest and principal 2016 $336,178.76 for interest and principal 2017 $340,518.76 for interest and principal 2018 $344,106.26 for interest and principal 2019 $341,781.26 for interest and principal 2020 $348,656.26 for interest and principal 2021 $349,656.26 for interest and principal Following any extension of Pledged Taxes, interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. Section 14. Filing with County Clerk. After this Ordinance becomes effective, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. The County Clerk shall in and for each of the years required ascertain the rate percent required to produce the aggregate -27- Pledged Taxes hereinbefore levied in each of said years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes of the City for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bonds. Section 15. Abatement of Pledged Taxes. As provided in the Applicable Law and upon the terms and conditions set forth herein, whenever the Pledged Revenues shall have been determined by the Treasurer to provide in any calendar year an amount not less than 1.00 times debt service of all outstanding Bonds in the next succeeding Bond Year (June 30 and December 30) and whenever the Pledged Revenues have been deposited in the Pledged Revenues Account of the Bond Fund in an amount sufficient to pay debt service on all Outstanding Bonds in the next succeeding Bond Year, the Treasurer shall, prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement of the Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. Section 16. General Covenants. The City covenants and agrees with the registered owners of the Bonds, so long as any Bonds remain Outstanding, as follows: A. The City pledges the Pledged Revenues to the payment of the Bonds, and the Corporate Authorities covenant and agree to provide for, collect and apply Pledged Revenues, or any combination thereof, to the payment of the Bonds payable from such Pledged Revenues as hereinabove provided and the provision of not Iess than an additional .25 times debt service. The determination of the sufficiency of the Pledged -28- Revenues pursuant to this subsection (A) shall be supported by reference to the most recent audit of the City, and the reference to and acceptance of such audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Reform Act have been met. B. The City will punctually pay or cause to be paid from the Bond Fund the principal of and interest on the Bonds in strict conformity with the terms of the Bonds and this Ordinance, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. C. The City will pay and discharge, or cause to be paid and discharged, from the Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Bonds. Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. D. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, in which complete and correct entries shall be made of all transactions relating to the Pledged Moneys and the Bond Fund. E. The City will preserve and protect the security of the Bonds and the rights of the registered owners of the Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City. F. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or -29- proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Bonds of the rights and benefits provided in this Ordinance. G. As long as any Bonds are Outstanding,the City will continue to deposit and apply the Pledged Revenues and, if applicable, the Pledged Taxes as provided herein. The City covenants and agrees with the purchasers of the Bonds and with the registered owners thereof that so long as any Bonds remain Outstanding,the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Pledged Taxes and to collect and to segregate the Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes can be levied and extended and that the Pledged Revenues and the Pledged Taxes may be collected and deposited into the Bond Fund,as provided herein. H. The Outstanding Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to from the Pledged Revenues, as herein provided,from the levy of the Pledged Taxes as provided in the Reform Act. Section 17. Additional Bonds. The City reserves the right to issue Additional Bonds from time to time payable from the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bonds;provided, however, that no Additional Bonds shall be issued except upon compliance with the provisions of the Reform Act as the Reform Act is written at this time. Section 18. Defeasance. Bonds which are no longer Outstanding Bonds as defined in this Ordinance shall cease to have any lien on or right to receive or be paid from Pledged Moneys and shall no longer have the benefits of any covenant for the registered owners of -30- Outstanding Bonds as set forth herein as such relates to lien and security of the Bonds in the Pledged Moneys. Section 19. Sale of the Bonds. The Bonds hereby authorized shall be sold and executed as in this Ordinance provided as soon after the passage hereof as may be, and thereupon be deposited with the Treasurer, and be by said Treasurer delivered to the Purchaser, upon receipt of the Purchase Price. The contract for the sale of the Bonds presented to the Corporate Authorities at this time is hereby approved and confirmed, it being hereby found and determined that said contract is in the best interests of the City and that no person holding an office of the City either by election or appointment, is in any manner financially interested, either directly in his own name or indirectly in the name of any other person, association, trust or corporation, in said contract for the purchase of the Bonds. The Designated Officers are hereby authorized to execute such additional certificates, agreements and contracts, including, specifically, a tax exemption certificate and agreement, as shall be reasonably and customarily necessary to effectuate the sale of the Bonds. The use by the Purchaser of any Preliminary Official Statement and any final Official Statement relating to the Bonds is hereby ratified, approved and authorized; the execution and delivery of said final Official Statement is hereby authorized; and the officers of the Corporate Authorities are hereby authorized to take any action as may be required on the part of the City to consummate the transactions contemplated by the Purchase Contract, this Ordinance, said Preliminary Official Statement,said final Official Statement and the Bonds. Section 20. Use of Proceeds. The proceeds derived from the sale of the Bonds shall be used as follows: A. Accrued interest shall be credited to the Pledged Revenues Account of the Bond Fund and applied to pay first interest due on the Bonds. -31- B. The amount necessary of the proceeds of the Bonds shall be deposited into a separate fund,hereby created, designated the "Expense Fund" to be used to pay expenses of issuance of Bonds. Disbursements from such fund shall be made from time to time by the Treasurer without further action of the Corporate Authorities. Any excess in said fund shall be deposited into the Pledged Revenues Account of the Bond Fund after six months from the date of issuance of the Bonds. C. The balance of the proceeds derived from the sale of the Bonds shall be deposited into a separate fund, hereby created and known as the "2005A Capital Project Fund" (the "Project Fund"). Disbursements from the Project Fund shall be made by the Treasurer only upon presentation by the engineer in responsible charge of the Project of customary lien waivers and related documentation. Upon the completion of the Project or the depletion of the Project Fund, whichever shall first occur, the engineer shall provide and the Treasurer shall forthwith transmit to the Corporate Authorities a certification evidencing the completion of the Project or the depletion of the Project Fund, as appropriate, and the Project Fund shall be closed. In the event that funds shall remain in the Project Fund upon the transmittal of such certification, all such funds shall be transferred to the Pledged Revenues Account of the Bond Fund and shall be used to pay principal of and interest on the Bonds. Moneys to the credit of and on deposit in the Project Fund may be invested by the Treasurer with no further official action or direction by the Corporate Authorities in lawful investments as at the time permitted under Illinois law. Section 21. General Arbitrage Covenants. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the -32- Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City is treated as the "taxpayer" in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. The City also agrees and covenants with the purchasers and holders of the Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply with whatever federal tax law is adopted in the future which applies to the Bonds and affects the tax- exempt status of the Bonds. The Corporate Authorities hereby authorize the officials of the City responsible for issuing the Bonds, the same being the Mayor, City Clerk and Treasurer, to make such further covenants and certifications as may be necessary to assure that the use thereof will not cause the Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be exempt from federal income taxation. In connection therewith, the City and the Corporate Authorities further agree: (a) through their officers, to make such further specific covenants,representations as shall be truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving the Bonds and to comply with such advice as may be given; (c)to pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by their -33- officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 22. Registered Form. The City recognizes that Section 149 of the Code requires the Bonds to be issued and to remain in fully registered form in order to be and remain Tax-exempt. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into,bearer or coupon form. Section 23. This Ordinance a Contract. The provisions of this Ordinance shall constitute a contract between the City and the registered owners of the Bonds,in accordance with the terms hereof; and no changes, additions or alterations of any kind shall be made hereto. Section 24. Continuing Disclosure Undertaking. The Mayor or Treasurer is hereby authorized, empowered and directed to execute and deliver the Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking") in substantially the same form as now before the Corporate Authorities, or with such changes therein as the individual executing the Continuing Disclosure Undertaking on behalf of the City shall approve, the official's execution thereof to constitute conclusive evidence of the approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees and agents of the City, and the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. -34- Section 25. Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and City Clerk are authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, authenticating agent,paying agent and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request,but otherwise to keep such list confidential; (c) to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 26. Municipal Bond Insurance. In the event the payment of principal and interest on the Bonds is insured pursuant to a municipal bond insurance policy (the "Municipal Bond Insurance Policy") issued by a bond insurer (the "Bond Insurer"), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding Bonds, amendment hereof, or other terms, as approved by the Corporate Authorities on advice of counsel, their approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this section. -35- Section 27. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 28. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed, specifically Ordinance Number 2005-44, adopted by the Corporate Authorities on the 10th day of May, 2005 is hereby repealed. -36- Section 29. Effective Date. This Ordinance shall be effective immediately upon its passage and approval. ADOPTED by the City Council on the 14th day of June, 2005, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS JASON LESLIE WANDA O'HARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of June,2005. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois, the 14th day of June,2005. Attest: CITY CLERK -37- Alderman moved and Alderman seconded the motion that said ordinance as presented by the Mayor be adopted. The Mayor then gave a public recital of the nature and purpose of the ordinance, which included a reading of the title of the ordinance and statements (1)that the ordinance provided for the issuance of general obligation alternate bonds for the purpose of financing certain road and street improvements within the City, (2)that the bonds are issuable pursuant to authority of the Illinois Municipal Code and the Local Government Debt Reform Act, (3) that the ordinance provides for the bonds to be paid by those taxes imposed by the City upon public utilities pursuant to Section 8-11-2 of the Illinois Municipal Code or substitute taxes therefor as provided by the State of Illinois in the future,but there is also a backup levy of taxes to pay the bonds, and (4) that the ordinance provides many details for the bonds, including tax-exempt status covenants,provision for terms and form of the bonds, and appropriations. Thereupon the Mayor directed that the roll be called for a vote upon the motion to adopt such ordinance. Upon the roll being called, the following Aldermen voted: AYES: NAY: ABSENT: Whereupon the Mayor declared the motion carried and the ordinance adopted, and did direct the City Clerk to record the same in full in the records of the Corporate Authorities, which was thereupon done. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded,the meeting was adjourned. City Clerk -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF ORDINANCES AND MINUTES I, the undersigned,do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such officer I am the keeper of the books,records, files, and journal of proceedings of the City and of the City Council (the "Corporate Authorities")thereof. I do further certify that the foregoing constitutes a full,true and complete transcript of the minutes of the legally convened meeting of the Corporate Authorities held on the 14th day of June,2005, insofar as same relates to the adoption of an ordinance numbered and entitled: AN ORDINANCE authorizing and providing for the issuance of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois, and providing for the imposition of taxes to pay the same. true, correct and complete copies of which said ordinance as adopted at said meeting appear in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were taken openly; that the votes on the adoption of said ordinance were taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for the meeting was posted at least 96 hours before the meeting at the location where said meeting was held and at the principal office of the Corporate Authorities; that said agenda contained a separate specific item concerning the proposed adoption of said ordinance, a true, correct and complete copy of said agenda as so posted being attached to this certificate; that said meeting was called and held in strict accordance with the provisions of the Illinois Municipal Code and the Open Meetings Act of the State of Illinois, as amended; and that the Corporate Authorities have complied with all of the applicable provisions of said laws and its own procedural rules in the adoption of said ordinances. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of the City,this 14th day of June, 2005. City Clerk [SEAL] -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned,do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois (the "County"), and as such officer I do hereby certify that on the day of June, 2005, there was filed in my office a duly certified copy of an ordinance numbered and entitled: AN ORDINANCE authorizing and providing for the issuance of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois,and providing for the imposition of taxes to pay the same. passed by the City Council of the United City of Yorkville, Kendall County, Illinois, on the 14th day of June, 2005, and approved by the Mayor of said City; and that the same has been deposited in the official files and records of my office. IN WITNEss WHEREOF I have hereunto affixed my official signature and the seal of the County this day of June, 2005. County Clerk of The County of Kendall,Illinois [SEAL]