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City Council Packet 2005 08-23-05
`�` * p United City of Yorkville 1 �' 800 Game Farm Road Est% ° 1836 -�� Yorkville, Illinois 60560 0Lam` o 9 Telephone: 630-553-4350 .{, -C« �2 Fax: 630-553-7575 4141.E � '�. AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 8/22/05 Tuesday,August 23, 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, September 26, 2005 6:00 p.m., Tuesday, August 23, 2005 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, September 15, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, September 1, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, September 8, 2005 City Hall Conference Room ---------------------------------------------------------------------- ----------- Public Hearings: None Citizen Comments: Presentations: 1. Waterworks System Contracts B.2 and B.3 Alternate Revenue Bond Sale by Kevin McCanna of Speer Financial City Council Meeting Agenda August 23, 2005 Page 2 Consent Agenda 1. Water Department Reports for May and June 2005 2. Castle Bank - Sidewalk Agreement-authorize City Administrator to execute 3. Greenbriar Subdivision Unit 4 - Final Acceptance -accept Public Improvements 4. 500 MG Water Tower Painting- Change Order#2 -authorize increase in an amount not to exceed $7,750.00 5. 2005 Concrete Roadway Pavement Striping- award contract to Maintenance Coatings Co. in an amount not to exceed$11,042.71 6. Bruell Street Pump Station - Change Order#2 - authorize increase in an amount not to exceed$38,562.00 7. Raintree Village Unit 5 - Letter of Credit Expiration-authorize City Clerk to call Letter of Credit should it become necessary 8. Supplemental MFT Resolution for General Maintenance - authorize City Clerk to execute 9. Grande Reserve -Neighborhoods 6 - 16 - Earthwork Letter of Credit Expiration- authorize City Clerk to call Letter of Credit should it become necessary 10. Rob Roy Creek Interceptor Contract#1 - Change Order#4 -authorize increase in an amount not to exceed $2,500.00 11. Kylyn's Ridge Unit 1 - Letter of Credit Reduction#1 -authorize reduction in an amount not to exceed $164,508.27 12. F.E. Wheaton - Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$91,008.68 13. 2005 In Town Drainage Improvements - Change Order#6 - authorize time extension to August 1, 2005 14. 2005 In Town Drainage Improvements - Change Order#7 -authorize increase in an amount not to exceed $24,231.00 15. Heartland Circle - Watermain, Sanitary Sewer, and Storm Sewer Final Acceptance and Bond Reduction#3 -accept watermain, sanitary sewer, and storm sewer improvements subject to the conditions of the development agreement, the developer's letter dated March 15, 2005 and excepting the temporary sanitary lift station and the offsite storm sewer not yet constructed across the Bollweg property and authorize the bond reduction in an amount not to exceed$128,693.86 16. F.E. Wheaton Expansion - Plat of Easement- authorize Mayor and City Clerk to execute 17. Game Farm/Somonauk Road Improvements - Plat of ROW Dedication- authorize Mayor and City Clerk to execute 18. Treasurer's Report for June 2005 City Council Meeting Agenda August 23, 2005 Page 3 Consent Agenda (con't) 19. City Administrator's Request for NIU Class - authorize request for enrollment in NIU class PSPA 559, Topics in Public Administration 20. Resolution Approving Menard's Commercial Commons Third Addition Final Plat - authorize Mayor and City Clerk to execute 21. Resolution Approving Menard's Commercial Commons Fourth Addition Final Plat- authorize Mayor and City Clerk to execute 22. YBSD Intergovernmental Agreement for Recapture of Southwest Sanitary Sewer Interceptor Project Costs - authorize Mayor and City Clerk to execute 23. Sunflower Park Bid Results - award contract to JEM Morris in an amount not to exceed$174,378.03 ($127,797.43 base bid plus the selected alternates in the amount of$46,580.60) and to authorize Mayor and staff to execute the agreement 24. Request for Ideas Proposal - authorize staff to publicly advertise 25. Rob Roy Creek Interceptor- Contract#3 - award contract to Dempsey Ing., Inc. in an amount not to exceed $1,975,631.00 26. Saravanos Property- Plat of Easement 27. Well No. 6 Treatment Facility- EEI Scope of Service- authorize Mayor and City Clerk to execute 28. Amendment to EEI Water Works System Contract - authorize Mayor and City Clerk to execute subject to identifying funding 29. Resolution Approving the Revised Job Description for the Position of Administrative Secretary(Formerly Known as "City Secretary") -authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—March 22, 2005 and June 14, 2005 Minutes of Committee of the Whole—June 7, 2005,August 2, 2005 , and July 19, 2005 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 969,326.21 (vendors) (Revised 8/22/05—See revised summary in packet.) $ 170,477.72 (payroll period ending 8/6/05) $ 1,139,803.93 (total) City Council Meeting Agenda August 23, 2005 Page 4 Reports: Mayor's Report: 1. Save A Life Proclamation 2. Adhoc Technology T-1 Line Recommendation City Council Report: 1. Eminent Domain Resolution 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: Chief of Police Report: Executive Director of Parks & Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. Lee Farm - Annexation and PUD Agreement and Preliminary PUD Plan a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Ordinance Authorizing and Providing for the Issue of$2,000,000 General Obligation Bonds (Alternate Revenue Source) for the Waterworks System Contracts B.2 and B.3 Additional Business: Adjournment: City Council Meeting Agenda August 23, 2005 Page 5 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 ECONOMIC 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 SAFETY 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: TECHNOLOGY; ---------- ----- --------------------- — ----------- -Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer Page 1 of 6 IRAFTI UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday, July 19, 2005 - 7:00 p.m. In Attendance: City Art Prochaska-Mayor John Wyeth—City Attorney Paul James—Alderman Traci Pleckham—Finance Director Val Burd - Alderwoman Eric Dhuse—Public Works Director Jason Leslie—Alderman Bill Powell—City Treasurer(arr. 7:10pm) Rose Spears -Alderwoman Laura Brown—Executive Director, Dean Wolfer—Alderman Parks &Recreation Joe Besco—Alderman Wanda Ohare - Alderwoman Guests Lynn Dubajic— Allecia Vermillion—The Beacon News Economic Development Director Kathy Farren—Kendall County Record The meeting was called to order at 7:00pm by Mayor Prochaska. PUBLIC HEARINGS: None PRESENTATIONS: None DETAIL BOARD REPORT BILL LIST): Individual items on bill list discussed as follows with resolution in italics: Page 3: Ms. Ohare-Is service from Bristol Kendall FD reimbursable for DUI suspect? Mayor will check with Chief Martin, Mr. James suggested policy on such occurrences. Ms. Pleckham later said it appears the ambulance charges will be reimbursable. Page 9: Ms. Ohare-what is Master Account? Long list of street lights from older part of town,per Mr. Dhuse Page 11 & 31: Ms. Spears-what is signature stamp for Mr. Powell? First signature stamp broke, item was replaced Page 14: Ms. Spears-Is "Streets-Grand Reserve" an accounts receivable? Developer gave money upfront, money is for perimeter road Page 2 of 6 Page 18: Ms. Spears-item#15, 21'd month rental portable storage unit, why is this on charge card? A PODS unit was rented for which an upfront payment was required. This payment will be covered in the project costs. Page 20: Ms. Spears-English& Sons, Fox Hill SSA, is this reimbursable? Yes,for lawn mowing in this subdivision Page 40: Ms. Spears-1St item, legal services-is there a breakdown of work for the$1700 Attorney Wyeth stated these charges were related to a specific legal case Page 46: Ms. Spears-Regarding"administration legal issues", these items are all documented by the Attorney. Also on page 46, Ms. Spears asked if the charges for the liquor license are not included in the Attorney's duties. The stipend includes meeting attendance and this particular charge is allowed a separate charge because it is for a specific ordinance amendment. Page 47: Ms. Spears-Administration Beecher services-Ms. Spears asked if Mr. Oliver could pay. This charge was to move Senior Services from Countryside Center. This charge is for the City's agreement for use of facilities for Senior Services Page 48: Ms. Ohare-charge for having a dog at a kennel overnight Was a grooming charge for police dog Page 45: Ms. Ohare-asked if City is ending contract with Weblinx New vendor was out of town on vacation, so contract is not terminating at this time. Page 37: Mr. Besco-asked about Admin T-line charges &Admin T-line Centrex Ms. Pleckham will research bills, but the charges were thought to be for the shared T-1 line and possibly for internet Page 49: Mr. Leslie-questioned per diem meals for training There is policy in place for such charges. This ended the discussion and the bill list will move to City Council next week for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. Treasurer's Report for May 2005—Admin 7/7/05 Ms. Spears noted that the report had not been signed. This report will move to City Council consent agenda. Page 3 of 6 MAYOR: 1. Countryside Interceptor Bid Results A memo from Joe Wywrot named Glenbrook Excavating as the low bidder at $1,241,863.00. Ms. Ohare commented it was unfortunate that a Yorkville company could not have the job, however, it was noted that Glenbrook had done several jobs for the City. Alderman Besco said the equipment for the job is already here and the bid would be much higher if equipment had to be brought back to the City. He also said the price should decrease somewhat because of less de-watering due to the drought. This item did not go through committee due to deadlines and the committee schedules for C.O.W. It was also suggested that this type of item should be under Public Works rather than under Mayor, on the agenda. The Mayor said he had spoken with the City Administrator to appraise Public Works of such situations This item will move to City Council consent agenda. 2. Route 47 Improvements A letter from Mr. Wywrot, based on DOT information, detailed some items needing to be done in conjunction with Route 47 improvements. One IDOT request was to vacate Jefferson Street on top of the hill. Mr. Wywrot does not approve of that request and as a result Mike Schoppe may be hired to design terracing/landscaping down the hill. Alderman Besco said traffic problems would be created for the courthouse if Jefferson Street were vacated. He favored the terracing option and said it would also look more pleasing. Mayor Prochaska stated that if the Council wanted to pursue this matter further, he would like this item moved to Public Works for discussion. It is thought the County would contribute money for this project. At this time, Ms. Spears commented that she has received many phone calls from her constituents voicing disapproval of the many consultants and studies for the City. The County will be requested to provide more information and the item will move to the Public Works committee. 3. Routine IDOT Highway Permit&Resolution—Raintree Village Offsite Sanitary Sewer This permit resolution is needed by IDOT to allow the City to construct a sanitary sewer across Rte. 126. Attorney Wyeth noted that this item and item #4 were almost identical as they are routine and just a matter of procedure. This project is currently under construction and it was noted that Mr. Wywrot had authority to sign the application,but that the resolution was needed as well. 4. Routine IDOT Highway Permit&Resolution— Grande Reserve Route 34 Widening and Signalization This resolution is for work at the intersection of Rte. 34 and Bristol Ridge and for a traffic signal. It moves to the consent agenda. Page 4 of 6 5. Beaver Street Water Booster Station Repair Public Works Director Dhuse said this repair project is very time-sensitive. When the south tower was being repainted, it was decided to perform a"check-up". Both pump motors and impellers were found to be beyond repair and there is a replacement cost of$7,767 for each set of shaft and impeller plus cost of installation. In addition, there is an hourly labor charge and a 75-cent per mile charge from Centralia. Ms. Dhuse said he hopes to split the mileage charge with other cities when other jobs are being done. The water tower painting will be done by the end of August and the repairs should be performed before that time also. Funds will come from either Water Improvement Expansion or Water Operations. Ms. Pleckham noted that the actual cost of painting the tower was a bit under the estimate so some of that money could be used for the repairs. Mayor Prochaska said he would like an estimate before proceeding with the work. This will move forward to the consent agenda. The following agenda items were discussed together: 6. Contract B.I. — Wells No. 3 and 4 Well House and Treatment Facility—Award Contingent Upon Receiving IEPA Loan 7. Contract B.2—State Street Finished Water Main —Award Contingent Upon Receiving IEPA Loan 8. Contract B.3— Wells No. 3 & 4 Raw Water Main and King Street Finished Water Main— Award Contingent Upon Receiving IEPA Loan Mr. Dhuse said this is the last of large contracts for the water system and includes a water main across the river and up State Street. He said the City is waiting for approval from the EPA. Attorney Wyeth said the bids were opened on June 29th with 30-60 days for the award process. It was noted the bid is under the engineer's estimate and funds from the EPA are possible. The Mayor said the plans are all finished, the engineering is completed and the bids have been received, thereby increasing the chances for the funds. Attorney Wyeth added that the EPA is aware that the City has met all the deadlines. This matter moves forward to the City Council consent agenda, contingent upon IEPA loans. 9. 2005 IML Conference Designation of Voting Delegate and Alternate Delegate The Mayor is considered the official delegate to this conference,however, he needs a designate to attend. Alderman Leslie will attend in that capacity and Alderman Wolfer will attend as well. CITY ATTORNEY 1. Right of First Refusal for 20 Acres—Route 34 Between Countryside Parkway and Bristol Ridge Road Page 5 of 6 A memo from Attorney Wyeth was discussed that outlined the right of first refusal on this property. He said that the City has no obligation to make this purchase, only the opportunity to purchase it. Mayor Prochaska gave a synopsis of the land ownership and the offer to the City. Alderman Leslie questioned the City's role in this possible purchase that involves several different parties. It was also noted by Alderwoman Burd that it appeared there were two rights of first refusal. The owner, Mr. Theidel, will be contacted regarding this and Attorney Wyeth will report back to C.O.W. on August 2nd under the Attorney's Report on the agenda. ECONOMIC DEVELOPMENT COMMITTEE: No report. PARK BOARD: 1. Sunflower Park—Equipment Bid Results—PK Bd. 7/11/05 Ms. Brown requested that the committee accept the Park Board recommendation for playground equipment for Sunflower Park. A combination of vendors was chosen for a total of$55,802. She said construction will begin in late August or September. This item moves to the consent agenda. PUBLIC WORKS COMMITTEE: No report. PUBLIC SAFETY COMMITTEE: No report. ADMINISTRATION COMMITTEE: 1. Library Bond Ordinance—Admin 7/7/05 This item relates to the Library expansion that will begin as a result of a recent referendum. An ordinance will be necessary and $7.25 million in bonds will be sold. The actual cost is thought to be above the original estimate and additional funds will come from developer fees. An owner's representative is currently working with the architect. Bids will be opened August 29th for this 14- month project. The bond closing will be August 12th. Kevin from Speer Financial will be present at a future meeting to present information regarding the bond sale This agenda item will move to the City Council agenda for a vote. Page 6 of 6 ADDITIONAL BUSINESS: Paul James reported residents of Sunflower Subdivision are asking for a stop sign in their subdivision as there are none and at this time there is only one speed sign. Mr. James said that some drivers are using this subdivision as a shortcut off Rt. 71 to Rt. 47. Chief Martin will be asked to place a speed trailer, however, one has been there and it is only a deterrent at that time. This matter will be discussed further at Public Safety. Alderwoman Spears suggested that the eminent domain issue be brought back to a C.O.W. meeting. She said the city should be proactive regarding this issue and that there are several web pages listing the cities in support. The Mayor said committee members should review the resolution and the matter will be brought back to C.O.W. on August 2nd with a vote on the 9th. The Attorney will be asked to review this document and any ideas should be forwarded to him. A traffic study at Rte. 34 and Sycamore was requested by Alderwoman Ohare. The Mayor said he has spoken with the State. He further said that a commercial building is being constructed there and a traffic signal could be erected at that time. This will be put on the Public Safety meeting agenda and Mr. Dhuse will speak with Mr. Wywrot to coordinate. At a previous meeting,Alderwoman Burd had suggested a seminar regarding SSA's and Mr. Besco asked if anything had been set up. Mayor Prochaska said it was hoped to have realtors and others present to share their ideas. Mr. James said he would like for homeowners to be able to attend also. According to Ms. Pleckham, this seminar is being planned for September. Mayor Prochaska noted the death of former City employee Judy Bell. She retired some time ago after serving the City in various capacities. He called her an"extraordinary woman" and expressed his sympathy. He presented a sympathy card for committee members to sign. Eric Dhuse said even though there is a sprinkling ban, the parkway trees should still be watered. An earlier question on the bill list was clarified by Ms. Pleckham. She said the first T-1 phone charge is split with the Library. There was no further business and the meeting was adjourned at 8:18pm. Respectfully submitted by Minute Taker, Marlys Young UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 8/6/05 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $26,122.38 $0.00 $26,122.38 $1,954.52 $1,976.17 $30,053.07 ENGINEERING $9,764.88 $0.00 $9,764.88 $730.69 $794.86 $11,290.43 POLICE $54,154.69 $1,398.01 $55,552.70 $4,232.31 $331.64 $60,116.65 PUBLIC WORKS $24,293.62 $1,828.50 $26,122.12 $1,995.05 $1,880.47 $29,997.64 PARKS $15,546.73 $0.00 $15,546.73 $1,179.91 $949.07 $17,675.71 RECREATION $12,443.68 $0.00 $12,443.68 $945.39 $798.72 $14,187.79 LIBRARY $6,371.67 $0.00 $6,371.67 $487.46 $297.30 $7,156.43 TOTALS $148,697.65 $3,226.51 $151,924.16 $11,525.33 $7,028.23 $170,477.72 TOTAL INVOICES 8/23/2005 $969,326.21 TOTAL PAYROLL 8/6/2005 $170,477.72 TOTAL DISBURSEMENTS $1,139,803.93 Revised on August 22, 2005 2`,cso car o United City of Yorkville Memo 800 Game Farm Road EST.14 : 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 0� Is p Fax: 630-553-7575 KCS 4E `ter. Date: August 23, 2005 To: Mayor and City Council From: Lisa Pickering, Office Assistant CC: Department Heads Subject: Additional information for City Council packet—August 23, 2005 Attached please find additional information on consent agenda item#15—Heartland Circle- Watermain, Sanitary Sewer, and Storm Sewer Final Acceptance and Bond Reduction#3. Please add this information to your packet. Fi Cit5 4,1) Co)... 'r o United City of Yorkville Memo .. 31'..-.A 800 Game Farm Road EST.kw _.... 1836 Yorkville, Illinois 60560 Telephone: hone: 630-553-8545 P� p Fax : 630-553-3436 Date: August 22, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer -u l_. CC: Liz D'Anna, Administrative Assistant Subject: Heartland Circle—Acceptance of Underground Utilities Attached find review comments for the sanitary and storm sewer televising reports for Heartland Circle. These are summarized below: Sanitary Sewer The sanitary sewers are generally in good condition. There is some debris in several manholes that should be removed, and one section of sewer still needs to be televised. Storm Sewer Several sections of storm sewer still need to be televised, and there are also some repairs that need to be made. The storm sewer system also contains a lot of mud and debris. Mud and debris reduce the carrying capacity of the storm sewer system and degrade the quality of the streams and creeks that receive the stormwater. Most of this mud/debris is a result of stormwater runoff from bare earth into the storm sewer system. For all developments in town except Heartland Circle, acceptance doesn't occur until most of the subdivision is built out and landscaped. The storm sewers aren't televised until just prior to acceptance, when the opportunity for mud getting into the system is greatly reduced. The sewers are then cleaned, resulting in a storm sewer system that is clean and is likely to remain clean. I recommend that acceptance of the sanitary sewers and storm sewers in Heartland Circle be tabled until the televising, repairs, cleaning, and re-televising of those parts of the storm sewer system identified in the attached review comments are completed. I also recommend that the developer commit to re-televising the storm sewer system after 70% build-out of the subdivision, and to clean out any mud/debris found in the sewers and catch basins at that time. I recommend that acceptance of the watermain system be approved with the developer responsible to make repairs and adjustments due to builder activity. 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T . )� \_ Videotape Tirneline Index Accurate Locating Services, Inc. ® ,0 A..e 391 Kromay Road • INDUSTRGIisRRI/ICES .Lemont, IL G0439 (630)257-5924 Fax (830) 257-8779 Report Date: August 23, 200z1 Project Name Video ID Counter Site Index Manhole Start Manhole Slop Pipe Size Length HEARTLAND 1 00:00:00 1 E26 E27 12 +165.2 CIRCLE-ST � / HEARTLAND 1 00:07:37 2 E27 E28 12 +25.3 5g.0 Ke,&) / //pE,� CIRCLE-ST HEARTLAND 1 00:09:40 3 E26 E25 18 +88.9 CIRCLE-ST HEARTLAND 1 00:14:07 4 E25 E24 18 +170.5— /vI U D— (i-EA/1/4) CIRCLE-ST HEARTLAND 1 00:25:29 5 E32 E31 15 +38.3 CIRCLE-ST HEARTLAND 1 00:28:40 6 _E31 E30 15 +186.0 CIRCLE-ST . HEARTLAND 1 00:35:45 7 E32 E33 12 +26.4 CIRCLE-ST HEARTLAND 1 00:39:15 8 E32 E32A 12 +10.0 CIRCLE-ST HEARTLAND •1 00:41:00 10 _ E7 E8 12 +161.7 CIRCLE-ST HEARTLAND 1 00:48:10 11 E8 E9 12 +27.7 CIRCLE-ST HEARTLAND 1 00:49:40 12 E7 E4 12 +93.0 CIRCLE-ST HEARTLAND 1 00:53:40 13 E4 E5 12 +158.4 CIRCLE-ST HEARTLAND 1 00:58:54 14 E5 E6 12 +28.6 CIRCLE-ST HEARTLAND 2 00:00:00 15 E4 E3 18 +297.4 CIRCLE-ST ' " l IN,, Accurate Accurate Locating Services,Inc. 391 Kromray Road �, Lemont, IL 90439 ror:rirovcsr�ir'i�:r;;c,rnrc.. Tel,: (630)257-5924 Folder ;Video ID- Site`Index Pipe Size ;Customer Length .,, I Manhole'Start Manhole Stop Project Name B15-B16 128 112 J & S Construction, Inc. 140,1 015 `016 Heartland Circle. 017-016 125 ; 12 J & S Construction, Inc. 120,1 B17 B16 Heartland Circle 021-020 12B 15 J & S Construction, Inc. 86.1 B21 B20 Heartland Circle B22-021 120 ; 15 J & S Construciton, Inc. 81.9 022 021 Heartland Circle- I)6,V/pED 022-022A i 2B `12 J & S Construction, Inc. 156,3 022 022A Heartland Circle 025-026 !20 12 J & S Construction, Inc, 158,1 B25 B26 Heartland Circle 1 025-028 !20 ' 12 J & S Construction, Inc. 96 B25 028 Heartland Circle 825-B28_1 20 12 J & S COnstruction, Inc. 96 028 B28 Heartland Circle B28-029 12B 12 J & $ Construction, Inc. 133,3 028 B29 Heartland Circle 05-06 12B 12 J & S Construction, Inc. 100,5 B5 ; 06 Heartland Circle: B5-B^ 120 12 J & S Construction, Ino. - 05 BA Heartland Circle 071-E70 1126 15 J &S Construction, Inc. 65,1 E71 E70 Heartland Circle Totals ' 1133.5 I • Videotape Timeline Index Accurate Locating Services, Inc. I . _ oj .Accurate 391 Krotr,ay Road_ JNDUSTRL1LSERVICES Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Report Date: August 23, 2004 Project Name Video ID Counter Site Index Manhole Start Manhole Stop Pipe Size Length HEARTLAND 2 00:09:39 16 E3 E2 18 +126.8 CIRCLE-ST HEARTLAND 2 00:14:37 17 E9013 E90C 12 +9,0 CIRCLE-ST HEARTLAND 2 00:16:10 18 E90C E90D 12 +0.0 CIRCLE-ST HEARTLAND 2 00:18:08 19 E90B • E90A 12 +281.6 CIRCLE-ST HEARTLAND 2 00:28:57 20 E90A E91 12 +13.5 - CIRCLE-ST HEARTLAND 2 00:30:48 21 E90A E90 12 +131,2 CIRCLE-ST HEARTLAND 2 00:36:06 22 . E88 . E88A 12 +9.0 CIRCLE-ST HEARTLAND 2 00:38:19 23 E88 E89 12 +161.2 CIRCLE-ST HEARTLAND 2 00:44:27 24 E88 E87 12 ' +25.5 CIRCLE-ST 1 HEARTLAND 2 00:46:57 25 E87 E86 12 +128.1 CIRCLE-ST HEARTLAND 2 00:51:21 26 E86 E90 12 +260.4 CIRCLE-ST HEARTLAND 2 • 01:00:22 27 E86 E79 18 +247.9--ci_Ei"u T75/6Ef`_ '6 CIRCLE-ST HEARTLAND 3 00:00:00 28 • E81 • E84 12 +120.5 CIRCLE-ST HEARTLAND 3 00:05:22 29 E84 E85 12 +34.1 CIRCLE-ST • Videotape Tirnelirle Index Accurate Locating Services, Inc. ,_.._eIti Accurate 391 Kromay Road } INDUSTRALSLR47CES Lemont, IL 60439 1630)257-5924 Fax (630) 257-6779 Report Date: August 23, 2004 ....Project Name Video ID Counter Site Index Manhole Start Manhole Slop Pipe Size Length HEARTLAND 3 00:09:09 30 - E81 E82 12 r +32.7 CIRCLE-ST HEARTLAND 3 00:11:45 31 E82 E83 12 +23.2 CIRCLE-ST HEARTLAND 3 00:13:19 32 E82 E82A 12 +9.0 CIRCLE-ST HEARTLAND 3 00:14:41 33 E81 • E80 15 +64.1 CIRCLE-ST • HEARTLAND 3 00:17:54 34 E80 E79 15 +127.5- 0e0e'al1 R/'E 6c?-7/ FPA CIRCLE-ST HEARTLAND 3 00:24:55 35 E37 E38 12 +27,2 CIRCLE-ST HEARTLAND 3 00:27:28 36 E37 E37A 12 +10.0 CIRCLE-ST HEARTLAND 3 00:29:05 37 E37 E36 12 +59.3 CIRCLE-ST HEARTLAND 3 00:32:31 38 E36 E35 12 +167.9 CIRCLE-ST HEARTLAND 3 00:39:38 39 B36 B36A 12 +248.9 CIRCLE-ST HEARTLAND 3 00:49:24 40 B36A B36B 12 +30.3 CIRCLE-ST HEARTLAND 3 00:51:09 41 B36 B38 18 +99,8 CIRCLE-ST • HEARTLAND 3 00:55:04 42 B38 B39 12 +194.4 CIRCLE-ST HEARTLAND 3 01:02:10 43 B39 B40 12 +30.0 CIRCLE-ST • Videotape Timeline Index Accurate Locating Services, Inc. _..19,_ .G'Curate 391 K.romay Road i DUS'7'xi,CSERG CES Lemont, IL 60439 . (630)257-5924 Fax (630) 257-6779 Report Date: August 23, 2004 . Project Name Video ID Counter Site Index Manhole Start Manhole Stop Pipe Size Length HEARTLAND 3 01:04:05 44 E73 E74 12 +120.1 CIRCLE-ST HEARTLAND 3 01:09:48 45 E73 E73A 12 +37,4 CIRCLE-ST HEARTLAND 3 01:12:14 46 E73 E69 12 +97,7 CIRCLE-ST HEARTLAND 3 01:16:38 47 E69 E70 18 +59,4 CIRCLE-ST HEARTLAND 3 01:19:21 48 E69 E68 21 +114.8 CIRCLE-ST HEARTLAND 3 01:23:22 49 E73I3 E73A 12 +27.6 • CIRCLE-ST • HEARTLAND 3 01:25:32 50 E62 E63 15 +196.3 CIRCLE-ST HEARTLAND 3 01:33:02 51 • E63 E64 12 +54.5 — C/..�4A.) Mg E 6 /" CIRCLE-ST HEARTLAND 4 00:00:00 52 E2 El 60 +25.3 CIRCLE-ST HEARTLAND 4 • 00:04:30 53 •E2 E34 : 48 +62.0 CIRCLE-ST • HEARTLAND 4 00:11:55 54 - E2 E2A 36 +156.3 CIRCLE-ST HEARTLAND 4 00:17:35 55 E12 E2A • 36 +100.7 CIRCLE-ST 1 HEARTLAND 4 00:22:14 56 E12 E13 36 +119.0 CIRCLE-ST HEARTLAND 4 00:28:07 57 E13 E14 36 +172.8 CIRCLE-ST i Vid• eotape Timeline IndexAccurate Locating Services, Inc. Accurate 391 Krornay Road INDUSTRIAL SERVICES Lemont, IL 80439 (630)257-5924 Fax (630) 257-6779 Report Date: August 23, 2004 Project Name Video ID Counter Sile Index Manhole Start Manhole Stop Pipe Size Length HEARTLAND 4 00:34:37 58 E14 E15 36 +207.4 CIRCLE-ST HEARTLAND 4 00:43:08 59 E15 E20 27 +122.4 CIRCLE-ST HEARTLAND 4 00:47:07 60 E61 E62 27 +261.0 CIRCLE-ST HEARTLAND 4 00:56:11 61 E62 E67 24 +192.9 CIRCLE-ST HEARTLAND 4 01:02:49 62 E67 E68 24 +257.0 CIRCLE-ST HEARTLAND 4 01:10:43 63 E61 E60 30 +244.5—Too-DAR}' --gE-\111,Ea CIRCLE-ST HEARTLAND 4 01:18:19 64 E60 E57 30 +113.5 CIRCLE-ST HEARTLAND 5 00:00:00 65 E40 E42 42 +152.8 • CIRCLE-ST HEARTLAND 5 00:06:11 66' E42 E43 42 +142.9 CIRCLE-ST HEARTLAND 5 00:16:33 67 E43 E46 36 +115.0 CIRCLE-ST , HEARTLAND 5 00:21:41 68 E46 E47 36 +68.2 CIRCLE-ST HEARTLAND 5 00:25:23 69 • E40 E39 42 +175.2 CIRCLE-ST HEARTLAND 5 00:31:44 70 E51A E51 • 30 +115,3 CIRCLE-ST HEARTLAND 5 00:36:56 71 E51 E50 36 +143.0 CIRCLE-ST Accurate Locating Services,Inc. r' �Z : .ccurate 391 Kromrey Road �x�r:,rrrnc,cruv�crs,INC. Lemont, IL 60439 ��^ �� .�a,..�.�...a., m Tel.:(630)257-5924 `colder Video ID ` Site'lndex:': Pipe.:Size'::'?'':-.:::.,:::::.:-:::,:;„:-:: Customer Length`.t Manh'ole'S'tart k (Vlatiliole Stop. P�rolectName'', .) —A18-A18A ! 3A—Ot 5.7 o e/ 112 J & S Construction, Inc, ' 9,1 ;A18 •A18A Heartland Circle op-A18-A19 3A-0:S;54=3. 12 J & S Construction, Inc. ; 26,3 A18 A19 Heartland Circle .3—A19-A19A 3A—':op;5'1 12 J & S Construction, Inc. 6.4 Al 9 AIM Heartland Circle (D--A4-A5 i 3A—O,,6!OS 12 J & S Construction, Inc. 26.7 A4 A5 Heartland Circle 7---A5-63A ; 3A— 0;/9;0/ ! 15 ; J & S Construction, Inc. i 26 A5 B3A • Heartland Circle AS--611A-1311 3A—tf' %Sy 12 J & S Construction, Inc. i 4 B11A B11 Heartland Circle )7 B11A-1311B ` 3A-0;4/6;5 7 ' 12 J & S Construction, Inc, '20,3 B11A B11B Heartland Circle ' 0-0—B14-B13 3A— 0:5-3: /'7 ' 12 J & S Construction, Inc. : 0 B14 B13 Heartland Circle 1314 B1-3_1 : 3A' ' 12 J & S Construction, Inc. :26.2 614 B13 Heartland Circle ba-4- 13_2 ; 3A 12 J & S Construction, Inc. 26.2 614 813 Heartland Circle 19-814-614A ! 3A—c):5/:3k„ ' 12 J & S Construction; Inc. * 8.5 B14 B14A Heartland Circle .9-51-4-619-1318 13A—/:0'%'(q ' 12 : J & S Construction, Inc, 0 B19 018 Heartland Circle-camcgEESv,o� --i- i-e-i =—e" 12 J & S Construction, Inc. 24.3 619 B18 Heartland Circle /1--819-819A ! 3A-10,2;23 12 J & S Construction, Inc. 28 619 619A Heartland CIrcle—CLEANg19, /--:-B2A-B2 i 3A-0 A.T:o $ 12 J & S Construction, Inc. '4.2 B2A 62 Heartland Circle B2A-B28 3A-0;?3'05^ • 12 J & S Construction, Inc. : 31 B2A , B2B Heartland Circle 8 =821-- 3A- ' 12 J & S Construciton, Inc. 4.2 B2A 62 Heartland Circle yr --B7-136 ! 3A—O%/0.Def 12 J & S Construction, Inc. 28.1 67 86 Heartland Circle 2-=C3-C3A 3A—D:o3:03 112 J & S Construction, Inc. 8 C3 C3A Heartland Circle 3C3-C4 : 3A—00613P- ' 12 J & S Construction, Inc. 25.5 C3 C4 Heartland Circle / —C4A-C4 I 3A-4;o0:O0 12 J & S Construction, Inc. 8.7 C4A C4 Heartland Circle--C'L.E.4,v pi-D5-D4 13A—o: 34:;D6 12 _ J & S Construction, Inc. 26.3 D5 , D4 Heartland Cricle 1� --D6-D6A i 3A— 0:4/10)-41 112 J & S Construction, Inc. 8 D6 D6A Heartland Circle IS^-06-D7 13A-0;41/;3' 112 J & S Construction, Inc. 25.3 06 07 Heartland Circle 131D8-D2 3A-0:37'50 112 : J & S Construction, Inc. 6 DO D2 Heartland Circle 49D8-D8A i 3A---0;3'/c?T i 12 i J & S Construction, Inc. 6.3 08 D8A Heartland Circle 11D9-D8 3A-0%3J%51 12 J & S Construction, Inc, 23.3 D9 08 Heartland Circle /A--D9-09A ! 3A-6:6--9'!I 12 J& S Construction, Inc. 9 D9 DOA Heartland Circle Totals 445.9 5—k/-A33,- — Orr 3: 19. 4-1 113 II �� • Videotape Timeline Index Accurate Locating Services, Inc. Accurate Kromay Road INDUSTRIAL 8gR6ICES Heartland Circle - Storm Lemont, IL 60439 Yo rkvi l l f, IL. (630)257-5924 Fax (630) 257-6779 Report Date: October 18, 2004 Video ID Counter Site Index Manhole Start Manhole Stop Address Pipe Size Length 3A 01:07:51 165 E22A E228 BIRCHWOOD 12 +25.0 3A 01:08:57 166 E16 E16A BIRCHWOOD 12 +7.1 3A 01:10:59 167 E16 E1] BIRCHWOOD 1$ a-25.8 3A 01:13:10 168 E17 El 7A BIRCHWOOD 12 +5.2 3A 01:14:05 169 Eli E18 BLUEJAY 15 +42.1 ----- Com-&_pry 3A 01:16:45 170 E18 E18A BLUEJAY 12 +7.1 3A 01:18:33 • 171 E18 . E19 • BLUEJAY 3A 01:21:02 172 E 19 El 9A BLUEJAY 12 +8.0 3A 01:22:37 173 E93 E93B TAUS CIRCLE 12 +7.3 3A 01:23:54 174 E93 E93A TAUS CIRCLE 12 +28.8 3A 01:26:32 175 E93 E94 TAUS CIRCLE 12 +280____Ci.._E/9/1) 3A 01:27:59 176 E95 E95A TAUS CIRCLE 12 +27,6 3A 01:29:54 177 E95 E95B TAUS CIRCLE 12 +7.3—CL..e.A9 AJ M H 9515 3A 01:31:24 178 E95 E96 TAUS CIRCLE 12 +25.8 3A 01:34:09 179 E97 E98 TAUS CIRCLE 12 4-26.6— C[..e 0.7 3A 01:36:45 180 E41B E41C SPRING 12 +7,9 3A 01:38:01 181 E41 B E40 SPRING 12 i-13.3 3A 01:39:24 182 E41 E41A SPRING 12 +8.1 3A 01:40:28 183 • E41 E40 SPRING 12 +12.3 3A 01:42:27 184 El0 E2A SPRING 12 +7.1 3A 01:43:39 185 E10 E11 SPRING 12 +27,8 3A 01:45:57 186 E53B E53 TAUS CIRCLE 12 +5.8 3A 01:46:56 187. E53 ' E53A ' TAUS CIRCLE 12 +28.7 Page Number: 1 Videotape Timeline Index Accurate Locating Services, Inc. _( ''r .Accurate 391 Krorna�r' Road 4\� I.VDUSTRGiiSlR1'�Es Heartland Circle - Storm Lemont, IL 60439- Yorkville, IL. (630)257-5924 Fax (630) 257-6779 Report Date: October 1 8, 2004 . Video ID Counter Site Index , Manhole Start Manhole Slop Address Pipe Size Length W10 W+ __..u4.y_00:00:00 150 D16 ��� ~� D15�~ ',GRACE 12 _,. +29.8 10 00:02:53 151 D15 D14 GRACE 12 +162.3 10 00:09:36 152 D14 D11 - LOT 102 12 +135,3 10 00:12:57 153 D13 D12 GRACE 12 +28.9 10 00:16:20 153 D13 D12 GRACE 12 +28.9 10 00:18:26 154 D12 Dll GRACE 12 +155.6 10 00:23:27 155 B4C B4B AUBURN 12 +29.3 10 • 00:25:35 156 848 B4A AUBURN 12 +166,8 ��77 10 00:31:24 • 157 E45 E44 BIRCHWOOD 12 +28,1 —. GWEAJ-PP /D�F6PA h 10 00:33:32 158 E44 E43 BIRCHWOOD 18 .'• +151.5 10 00:39:12 159 E48 E47 DEERPATH 12 +218.8 10 00:47:40 160 E59 E58 .DEERPATH - 12 +29.2 10 00:49:51 161 E58 E57 DEERPATH 12 +150.6 10 00:55:33 162 E78 E77 SPRING-EAST 27 103.4—PER)1��69,U/,ETV 10 01:05:26 163 E77 E39 SPRING-EAST 27 . . N EPa2T2/,. r Page Number: 1 Video Tape Index Accurate Locating Services, Inc. 9 Accurate391 Kromay� Road IND USN blLSR'RI%C'n,p Heartland Cirole - Storm, Tape 13 Lemont, IL 60439 Yorkville, IL. (630) 257-5924 Fax (630) 257-6779 Report Date: April 15, 2005 Video ID Counter Slte Index Project Date Manhole Start/Basin Manhole Stop/Basin Address Pipe Size Length Cleaning Code 13 00;00;00 195 20050413 ' B30 - B31 KATE ... 12 +174,6 LC , , 13 00;06;16 196 20050413 ,! B30-- B33 KATE 15 +11.2 LC 1 13 00;07;58 197 20050413 ( B33 - B338 KATE 12 +24.1 LC I 13 00;09;36 198 20050413 B33 B33A KATE 12 +5,5 LC i i' 13 00;10;40 199 20050413 j E65 a E63 KATE -BGG ER 19P0A1 0'1>EG?2—T +195,5 3,2-" LC—Jpp y-6t Vii c 13 00;17;03 200 20050413 E65 - E65A KATE 12 +10,1 LC-CSA k ill til- 5-.4 13 00:18;14 201 20050413 E65 E66 KATE 12 +21,8 LC 13 00:19:42 202 20050413 E71 - E71A DEERPATH 12 +10,2 LC 13 00:21:25 203 . 20050413 j E71 .- E72 DEERPATH 12 +27,2 LC 13 00;23:29 204 20050413 I E55 - E54 TAUS CIRCLE 12 +41.7 LC 13 00;25;54 205 20050413 B26 w B26A TAUS CIRCLE 12 +9,0 LC—Ct4 A) -P-64 13 00;27:06 206 20050413 i. B26 B27 TAUS CIRCLE 12 +28,2 LC Page Number: 1 ;, Videotape Index (Tape 111) Accurate Locating Serviibes, Inc. Accurate 391 Kroma,� Road "� Heartland Circle - Storm L��rx;.srRiaisteRG-ions Lemont, IL 60439 Yorkville, IL. (630) 257-5924 Fax (630) 257.67719 Report Date:June 15, 2005 Video ID Counter Slte Index Project Date Manhole Start I Basin Manhole Slop I Basin Address Pipe Size Length Cleaning Code 14 00:00:00 207 20050608 R7 - R6 EASEMENT 24 +34,7 LC 14 00:03:45 208 20050608 R7 R8 EASEMENT 24 +40,3 LC 14 00:05:40 209 20050608 D10- D11 EASEMENT 15 +79,4 HC 14 00:08:05 210 20050608 E16 - E15 EASEMENT LOT 153 24 +178,2 LC 14 00:12:50 211 20050608 R2 -- R3 EASEMENT 18 +59.4 HC 14 00:15:01 212 20050608 R2 - R1 EASEMENT 18 +45,9 HO— CLEA&) 14 00:18:27 213 20050608 R4 -- R3 EASEMENT 18 +158,6 LC—RcPI tic-of-645(w) 14 00:23:25 214 20050608 R4 - EXST, EASEMENT 18 +300,7 LC 14 00:30:36 215 20050609 E76- E75 EASEMENT 12 +185,4 HC 14 00:35:00 216 20050609 E75 - E68 EASEMENT 12 +181.3 HO 14 00:40:12 217 20050609 A30 - A35 EASEMENT 12 +146.8 HO 14 00:48:32 218 20050609 B36 - B37 EASEMENT 12 +102,0 HO 14 00:61:54 ' 219 20050609 E42A- E42 EASEMENT 12 +41.3 LC 14 00:54:58 220 20050610 E35- E39 EASEMENT 48 +181,5 HC 14 00:59:40 221 20050610 E35 - E34 EASEMENT 48 +340,2 HC 14 01:08:07 222 20050615 E92 - E91 SPRING ST. 12 +28,0 LC 14 01:10:15 223 20050615 E70A- E70 CLEARWATER 12 +6,0 LC 14 01:11:36 224 20050615 E72 - E72A DEERPATH 12 +6,0 LC 14 01:12:25 225 20050615 E48_ E48A DEERPATH 12 +8.0 LC 14 01:14:06 226 20050615 E48 - E49 DEERPATH 12 +24.0 LC 14 01:17:32 227 20050615 E49A ` E49 DEERPATH 12 +8.0 LC 14 01:18:23 228 20050615 E44 ' E44A BIRCHWOOD 12 +7.0 LC 14 01:19:56 229 20050615 E45- E45A BIRCHWOOD 12 +6,0 LC 14 01:20:44 230 20050615 E56 - E55 TAUS CIRCLE 12 +27,0 LC— CLeA 0 14 01:22:57 231 20050615 B22A- B22B KATE 12 +30.0 LC — Ci_EA)- A..) 14 01:26:36 232 20050615 B31 - B32 KATE 12 +52.0 LC i Page Number: 1 Videotape Index (Tape 1 ,41) Accurate Locating Services, Inc. 4 Accurate 391 Kroma3.1Road !A' U,s7'RL<ri75'If.' 72, HeartlandCircle - Storm Lemont, IL 60439 Yorkville, IL. (630) 257.5924 Fax (630) 257-6779 Report Date:June 15, 2005 Video ID Counter Slte Index Project Date Manhole Start l Basin Manhole Stop I Basin Address Plpe Size Length Cleaning Code 14 01:32:11 233 20050615 B33C B33B KATE 12 +8.0 LC — 14 01:32:50 234 20050615 E66A_ E66 KATE 12 +7.0 LC 14 01:33:56 235 20050615 E64A — E64 CLEARWATER 12 +6,0 LC 14 01,34:59 236 20050615 A32 — A31 OMAHA 12 +28,0 LC — (/ -,g ,v Page Number: 2 Accurate Locating Service. 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 4 Yorkville W. ofBirchwood Dr. 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 08/09/2004 08:57:50 AM E25 E24 18 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-D Dirt +170.5 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments Rte _ �EZS 0.0inspection begin upstream '` :`'" 0.0 manhole upstream 10 '_yo-+., t5 .47 Wig Y3' /1 /�?( -M v� S VA 51 4y VA N 01) Q eE24k . 170.5 manhole downstream V 44---4.w, ,=, 170.5 inspecton end downstream Accurate Locating Services, 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 2 Yorkville Birchwood Dr. 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 08/09/2004 08:35:56 AM E27 E28 12 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-U Dirt +25.3 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments 32 3� 0.0 inspection begin downstream Vitie 0.0 manhole downstream Pi • -2'33,3 25.3 manhole upstream = 25.3inspection end upstream " Accurate Locating Services 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 _,) Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 27 Yorkville East of Spring 0.0 Date Time M.H. Start M.H. Stop ._ M.H. Depth Pipe Size(in) 08/10/2004 09:36:40 AM E86 E79 18 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-D Dirt +247.9 Distance. Numeric Coded defects Pict 1 Pict 2 Video Comments s 4 o.0 inspection begin upstream �' 47 ;; 0.0 manhole upstream 3,,lr- f tf leT ..- n_.&,41,0 ._,,... ,:r..„..., , ..„,..: -4, 1 . 7, . i fiki M M -,,,,,,*L n 0 4, -.: : A ° 79 - 247.9 Debris present Unable to pass-requires heavy cleaning Accurate Locating Services 391 Krornay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 1 Site Data Project Name Site ID City Street Starting Dist. ' Heartland Circle- Storm 34 Yorkville Deerpath Dr. 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 1 08/11/2004 07:49:27 AM E80 E79 • 15 1 Type of Pipe Direction Surface Condition Final Dist(ft) I RCP Away-D Dirt +127.5 i i Distance Numeric Coded defects Pict I Pict 2 Video Comments 404106 11 '{ 0.0 inspection begin upstream ,�_ 84 "' 0.0 manhole upstream ;,.-;"n: 7 'PAr I 12-. Alr -0,,,t 704 u A a 4, :::4 ., , _. itv 0 s ,,,..,,...;,_, 7 k R a.a.L. ?r 127.5 manhole downstream •- v.- _ 127.5 inspection end downstream Accurate Locating Services 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 63 Yorkville Lot 321 l 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 08/12/2004 01:16:36 PM E61 E6030 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-D Dirt +244.5 Distance Numeric Coded defects Pict 'I Pict 2 Video Comments A' E6d 0.0 inspection begin upstream :-; - 7,&: 0.0 manhole upstream li*tic, � v k6U► bvo , roe Fr' 5 ,------ ) 0 ..,_- ,.: - ro -..p,„ __ w to . CjCJJ\ ��l 4„ RM a iirW 1= ." 244.5 manhole downstream w v-`. 244.5 inspection end downstream ,' Accurate Locating Services,Inc. 44-1'MN Accurate 391 Kromray Road Lemont, IL 60439 ,r LOC/i77NGSERt1CcS,INC. Tel.:(630)257-5924 Customer Project Name Site ID City Street Starting Dist. ]&S Coastrvciton,Inc Heartland Circle Yorkville,IL Kate Drive easement 0 Date Time M..H.Start M_H.Stop N1_H.Depth Pipe Size(in) 10/512004 11:32 4.M1 B22 B21 15 Type of Pipe Direction Location Code Final Dist(ft) Concrete segments(unbolted) Downstream 81.9 Distance Observations Position Picture Comment 0_0 Arms Point-Manhole B22 D V V -y: ZZ vyu..l ,4.73,11,1 v. 81.9 Access Point-Manhole 521 Generated by the PipeTect>D TV inspection system. Accurate Locating Service_ 391 Krornay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle-Storm 169 Yorkville Bluejay 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 10/07/2004 08:26:13 AM E17 E18 1s Type of Pipe Direction Surface Condition Final Dist{ft) RCP Away-U Paved +42.1 • Distance Numeric Coded defects Pict 'J Pict 2 VideoComments E:17 0.0 inspection begin downstream `` f . 7 00 manhole downstream w. 4Yat Zi--_,:r ate:t`: -51f QST_ 4.4: A Z5 AJv=2 F. l•� .E'�1$ ,_``- d 4,.4,:_FA454-- 2.1 manhole upstream V =``'W 42.1 inspection end upstream Accurate Locating Services 391 K omay Road Lemont, C 60439 (630)2573924 Fax (630) 257-677 9 ) . Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 175 Yorkville Taus Circle Co Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 10/07/2004 09:13:01 AM E93 E94 \ 12 Type of Pipe . r icon Surface Condition Final Dist(ft) RCP Away-U P +28.0 Distance Numeric Coded defects Pict 1 Pict 2'Video Comment l \ . - 4m 3 E: .petm begindownstream ^ E2 manhole downstream ����» . . . V/ } �} 1\ . § \ . . . ) (q3:0-4w,-az manhole upstream Jz inspection end upstream �` . Accurate Locating Service. 391 Krornay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 179 Yorkville Taus Circle 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 10/07/2004 09:53:39 AM E97 E98 12 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-U Paved +26.6 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments E97.; : 0.0 inspection begin downstream 1-4;1-,' ' 'px 0.0 manhole downstream ¢G sx ,s' sQ Fl?2gd Atli al o,tiAlif V 'mN1a vt . "HT1 '4pr�T {r Ar vy3j'3'^ C/1NNNN,hrza ra. M ,c. SArvY: .,. rte. -Sr'-1 f1 ' 518a s /.401:ALA., V *- IE 26.6 manhole upstream 26.6 inspection end upstream \_ta:r--- Accurate Locating Service: 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 157 Yor6-viile Birchwood 0.0 Date Time N.H. Start M.H. Stop M.N. Depth Pipe Size(in) 08/24/2004 09:24:12 AM E45 E44 12 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-D Paved +28.1 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments � �5r _ E45, ; r 0.0 inspection begin upstream 3-1W 0.0 manhole upstream i - t 111 Li, 10 / ���� y'JPE OF;amu' _y fir T 2 12.1427. NV S �1 E44.� 28.1 manhole downstream 28.1 inspection end downstream 3 Accurate Locating Servic 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax (630) 257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle- Storm 162 Yorkville Spring-East 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 10/05/2004 11:58:05 AM E78 E77 27 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Away-D Paved +103.4 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments r ,,,,,. .§.7,.:;-.;-",' 0.0 inspection begin upstream V 0.0 manhole upstream =nom:. :t_.:1z::=_ TP/9-/i2/ A 7&–/ g Ir x iq ' CR/9c 5 O ) SP!GD7'— 0 4. 0 -A Y ,, jAii 1 ,,,,,„ 'a5 ,„..:: , , Lor- .. '44r w AYitif 1.-'yf5 _:17 96.5 Infiltrating Joint-1-R 5 PR 1 0. 1 Sr'QD 3E77 103.4 manhole downstream n/---E -44 A^ 1 _ 103.4 inspection end downstream l ,"t r/ • Accurate Locating Service: 391 Kromay Road Lemont, SL 60 439 (630)257-5924 Fax(630)257-6779 Site Da I Project Name Site ID City Street Starting Dist Heartland Circle-Storm 199 Yorkville Kate 0.0 Date Time M.H. Start M.H-,Stop M.H. Depth Pipe Size(in) 04/132005 11:50:56 AM �E6.5 E63 12 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Downstream Paved Asphalt +195.5 Distance Numeric Coded defects Pict Z Pict 2 Video Comments h 0 0.0p inspection begirt upstream manhole upstream : DoT f � OF EGS T X65 S,L}-o v Lp O k)/.._y 3 o F_ a-�r l l s 1s Bi 1.4 �r s r Lzl ...r 195,5 manhole downstream 195.5 inspection end down eam Accurate Locating Servica.s 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax(630) 257-6779 Site Data Project Name Site ID City Street Starting Dist_ 1 I Heartland Circle-Storm 212 Yorkville Easement 0.0 }( Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) I i O6/08/2005 01:56:53 PM R2 R1 - 18 I Type of Pipe Direction Surface Condition Final Dist(ft) I RCP Downstream Paved Asphalt +453 9 Distance Numeric Coded defects Pict l Pict 2 Video Comments `5�:K Zi w 0.0 inspection beginmsiream S5' CO manhole upstream 5e,:�SGzeii+d-�' 1*7 Z—E IJ ft- \\/ a& is Lam, 074 It.T. -.;-, VD Y',x wr + µA f4_ S 7 i`'`' ' 45.9 Flared-End Sesion I• '� ,45 9 inspection end downstreamEx- ".sem= .q. Accurate Lind Services 391 Kromay Road Lemont iL 60439 (630) 257-5924 Fax(630)257-6779 Site Data t Project Name Site ID City Street Starting Dist l3eartlaad Circle-Storm 213 Yorkville Easement 0.0 s` 1 Date TiM.H.Start N1.H. Stop M.H. Depth Pipe Size(in) 1 06/08/2005 02:11:06 PM R4 R3 18 Type of Pipe Direction Surface Condition Final Dist(ft) 1 1 RCP Upstream Paved Asphalt +158.6 Distance Numeric Coded defects Pict 1 Pict 2 Video Comments V -Rd 0.0 inspection begin downstream • }:cE'.- -W=:. OA manhole downstream -=:: ' gib kj': V 10 ' ALT _. ♦ � v- .„, Al St iiL- t7p��i /\ 'p 16,1-i . - iiI /— O P ,(2 Jo//UT--?6--FA-J4 o:�I° 7 4-4a7 Guts i=; ,z 158 upstream 6 manhole u ream '78N 1 Accurate Locating Service 391 Kromay Road Lemont, IL 60439 (630)257-5924 Fax(6310)257-6779 Site Data I Project Name Site ID City Street Starting Dist.i11 Beardand Circle-Storm 230 Yo e Taus Circle 0.0 I 11 Date Time M.H. Start M_H. Stop M.H. Depth Pipe Size{in) � 06/15/2005 07:33:40 AN E56 E55 12 IiType of Pipe Direction Surface Condition Final Dist(ft) RCP Downstream Paved Asphalt +27.0 Distance Numeric Coded defects Pict '1 Pict 2 Video Comments n Z "xs 1 Sla E56 0_❑ inspection begin upstream ,_L�__r_- 0.0 manhole upstream a -'C.r Acfil .".,+:-_,Ii : C 2---- 16rid b Z. SZ E laf Li '-',3,t' kl" 1t' Kt. Ei1 Y ii"mak i. . .^'7 ' ..„ `;q--27.0 manhole downstream ;t`, g X27.0 inspection end downstream r_se� Accurate Locating Service. 391 Kromay Road Lemont, iL 60439 (630)257-5924 Fax(630)257-6779 Site Data Project Name Site ID City Street Starting Dist. Heartland Circle-Storm 231 Yorkville Eate 0.0 Date Time M.H. Start M.H. Stop M.H. Depth Pipe Size(in) 1 06/13/2005 07.35.08 AM B22A B22B 12 Type of Pipe Direction Surface Condition Final Dist(ft) RCP Upstream Paved Asphalt +30.0 Distance Numeric Coded defects Pict"I Pict 2 Video Comments 1 _ -:s i822A•4- 0.0 inspection begin downstream o-�— -:', Via:_, 0.0 manhole downstream it AC ire, ' 11444, FAW i i ' rez LI r' y Y 13' g� 7 .z ' A manhole beam X: = 43=-' 30.0 inspection end team Accurate Locating Service 391 Krornay Road Lemont, IL 60-439 (630)257-5924 Fax(630) 257-6779 Site Data Ir {{ Project Name Site ID City Street Starting Dist IBeartland Circle-Storm 236 Yorkville Omaha 0.0 I Date Time M.H. Start MN. Stop M.H. Depth Pipe Size(in) 06/15/2005 07:42:23 AM A32 A3112 I Type of Pipe Direction Surface Condition Final Dist(ft) I RCP Downstream Paved Asphalt +28.0 i Distance Numeric Coded defects Pict I Pict 2 Video Comments a y : 0.0 inspection begin upstream t.3 ---0.0 manhole upstream Via" ,113t. -_,*-; L i__EA-k) 1 PPt i 1 l / § it_,- }t�.r ,M y1 1 4 u A3.�= , 28.0 manhole downstream , .�28.0 inspection end downstream t o STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Menard's Commercial Commons Third Addition Final Plat WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Menard's Commercial Commons Subdivision, Third Addition; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Menard's Commercial Commons, Third Addition is approved and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD 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 a - f STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Menard's Commercial Commons Fourth Addition Final Plat WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Menard's Commercial Commons Subdivision, Fourth Addition; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Menard's Commercial Commons, Fourth Addition is approved and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD 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 - Deleted:DRAFT-8-12-2005 AGREEMENT BETWEEN YORKVILLE-BRISTOL SANITARY DISTRICT AND THE UNITED CITY OF YORKVILLE (Southwest„Interceptor) -` Deleted:Sanitary Sewer THIS AGREEMENT made and entered into this day of ,2005, by and between the YORKVILLE-BRISTOL SANITARY DISTRICT,a municipal corporation, (hereinafter referred to as"DISTRICT"),of the County of Kendall,State of Illinois,and THE Deleted WITNESSETH UNITED CITY OF YORKVILLE,municipal corporation,(hereinafter referred to as"CITY"),, WHEREAS,each party to this agreement is a Governmental Entity authorized by State Deleted:collector system to connect Statute under Illinois Compiled Statutes to enter into agreements for delivery of Governmental with the existing interceptor located in Services to its citizens;and the United City of Yorkville,and¶ WHEREAS,said service anticipates the ', construction of a inch WHEREAS,the Yorkville-Bristol Sanitary District provides sanitary sewer treatment for ( ")sewer interceptor and requires the installation of a(permanent pump sewage effluent produced and transported within the DISTRICT boundaries,and station or force main?)to deliver the sewage waste to the aforesaid existing WHEREAS,the Yorkville-Bristol Sanitary District assumes responsibility for interceptor,arra¶ WHEREAS,engineers for the • construction and maintenance of all interceptors within said system of eighteen(18")inches in i Y°rk"dltharholopSairm District have advised that thee proper method of providing delivery of said sewage size or larger,and effluent is on a route delineated as to the WHEREAS,the current development of the United City of Yorkville requires the Sanitary District Deleted:1) That the DISTRICT's installation of a$anitary Sesser common]\'kno\n as the Southls'est Interceptor and located aS engineer will contract with the CITY to design and¶ shown on the attached Exhibit"A",and construct the inch(_•') 1 interceptor,permanent pump station and¶ force mains as delineated on NOW,THEREFORE,IT IS HEREBY AGREED by the parties as follows: Deleted 2) Deleted: inch(v. ") ___ _.... - _._. ..._. .._.. _ ...... ..... _ ...... interceptor,pump station andll 1 That the CITY will upfront the funds to the DISTRICT for the design and force mains, — Formatted:Indent:Left: 0",First construction of said Southwest Intercept until such time the DISTRICT collects sufficient "— line: 0" Infrastructure�Participation Fees from developers tributary to said interceptor in accordance with :- Deleted ¶ Deleted:¶ ,Section 1 Paragraph 5 of the DISTRICT's Sewer Use-Ordinance_and reimburse,he CITY far Deleted:¶ that part of the interceptor of ei1~hteen inches in diameter orlar<rer within 90 days of receipt of Deleted 4) the fees. Deleted: Deleted: inch(_").11 That the DISTRICT will own and maintain said_part of said,South estl}lterceptor,;:: Deleted r eighteen inches(18")in diameter or larger~ -'', Deleted: and the CITY will own and maintain said pump station and force¶ main Page 1 of 2 Deleted 4) Each party to this Agreement understands and acknowledges that since the = Deleted: unci alit of the United City of Yorkville is advancingthe cost of said_mRrovements,that no __— Jn p y– Y — -- — — - — — — - Deleted: other municipality shall be allowed to connect to said,mprovements without the written consent _ Deleted:¶ of each party to the Agreement. NOTICES OR DEMANDS Any notice or demand hereunder from either party to another party hereto,shall be in writing and shall be deemed served if mailed by prepaid certified mail addressed as follows: Mayor and Aldermen President and Board of Trustees United City of Yorkville Yorkville-Bristol Sanitary District 800 Game Farm Road PO Box 27 Yorkville,IL 60560 Yorkville,IL 60560 UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DISTRICT By: By: Mayor President Attest: Attest: City Clerk Clerk Date: Date: Page 2 of 2 AGREEMENT BETWEEN YORKVILLE-BRISTOL SANITARY DISTRICT AND THE UNITED CITY OF YORKVILLE (Southwest Interceptor) THIS AGREEMENT made and entered into this day of , 2005, by and between the YORKVILLE-BRISTOL SANITARY DISTRICT, a municipal corporation, (hereinafter referred to as "DISTRICT"), of the County of Kendall, State of Illinois, and THE UNITED CITY OF YORKVILLE, municipal corporation, (hereinafter referred to as "CITY"), WHEREAS, each party to this agreement is a Governmental Entity authorized by State Statute under Illinois Compiled Statutes to enter into agreements for delivery of Governmental Services to its citizens; and WHEREAS, the Yorkville-Bristol Sanitary District provides sanitary sewer treatment for sewage effluent produced and transported within the DISTRICT boundaries, and WHEREAS,the Yorkville-Bristol Sanitary District assumes responsibility for construction and maintenance of all interceptors within said system of eighteen (18") inches in size or larger, and WHEREAS,the current development of the United City of Yorkville requires the installation of a Sanitary Sewer commonly known as the Southwest Interceptor and located as shown on the attached Exhibit"A", and NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1) That the CITY will upfront the funds to the DISTRICT for the design and construction of said Southwest Interceptor until such time the DISTRICT collects sufficient Infrastructure Participation Fees from developers tributary to said interceptor in accordance with Section 1, Paragraph 5 of the DISTRICT's Sewer Use Ordinance and reimburse the CITY for that part of the interceptor of eighteen inches in diameter or larger within 90 days of receipt of the fees. 2) That the DISTRICT will own and maintain said part of said Southwest Interceptor eighteen inches (18") in diameter or larger. Page 1 of 2 3) Each party to this Agreement understands and acknowledges that since the municipality of the United City of Yorkville is advancing the cost of said improvements,that no other municipality shall be allowed to connect to said improvements without the written consent of each party to the Agreement. NOTICES OR DEMANDS Any notice or demand hereunder from either party to another party hereto, shall be in writing and shall be deemed served if mailed by prepaid certified mail addressed as follows: Mayor and Aldermen President and Board of Trustees United City of Yorkville Yorkville-Bristol Sanitary District 800 Game Farm Road PO Box 27 Yorkville, IL 60560 Yorkville, IL 60560 UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DISTRICT By: By: Mayor President Attest: Attest: City Clerk Clerk Date: Date: Page 2 of 2 CA -'1' -'->2'.4*-- rcs, ,0o)..C) lk ti 1E?,r z it b EST 44 -tH r' 1836 -fit O11 0 Request for Ideas for new public — private ventures for the United City of Yorkville United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois 60560 Phone: 630-553-4350 Fax: 630-553-7575 Request for Ideas for new public— private ventures for the United City of Yorkville. Ideas wanted This Request for Ideas and Proposals (RFI&P) seeks concrete concepts and proposals that could serve as the basis for mutually beneficial agreements to support the United City of Yorkville. Even if you have an idea for supporting the United City of Yorkville that you cannot personally implement, we want to hear from you. With the new way of doing business entrepreneurial ventures will play a greater role in supporting the United City of Yorkville. ELIGIBLE PROPOSERS Any for-profit or nonprofit entity is eligible to respond to this RFI&P. In addition, any individual or groups of individuals— other than United City of Yorkville employees — are eligible to respond to this RFI&P. CATEGORIES The United City of Yorkville has identified several revenue-generating categories for which it seeks specific proposals. The City also highly encourages respondents to submit creative proposals of their own in addition to those identified in this request. I. Recreation Center/ Aquatic Center /Active Adult Center/ Other Public Buildings This includes, but is not limited to the construction of a recreation center, fitness center, healthplex, corporate fitness facility, Active Adult Center, Aquatic Center and / or other Public use buildings on publicly owned land. Proposals should focus on opportunities for a cooperative public-private partnership for the purpose of constructing a combination facility. The facility should focus on providing a multifaceted level of service for health and wellness to the residents of Yorkville and surrounding Kendall County. Community recreation centers, active adult centers, pools, health clubs, wellness centers, etc. are the core focus to this project. 2. Development of Park Amenities This includes, but is not limited to batting cages, water play features, indoor water park, skate park, extreme sports park, BMX track operation, or other real estate development opportunities, etc. Specifically: • Constructing park amenities for future park sites ranging in size of 5-50 acres. • Operation of extreme parks • Plan and promote regional events for extreme sports to bring tourism and recognition to the area • Other 3. Sponsorship Naming Rights and Special Promotions. This includes, but is not limited to corporate sponsorship on public amenities, which may include; trash and recycling receptacles, park benches, scoreboards, dugouts, backstops, fences; sponsorship of regional special events, tournaments and competitions; and naming rights to specific parks, pools, fields, buildings, etc., and special promotions. 2 • Yorkville Park and Recreation Department fencing or scoreboard at regional parks • Other park facilities • New planned or cooperative facilities • Specialty advertising coupons, giveaways or promotional opportunities at the Yorkville Park and Recreation Department programs or in the annual catalog. 4. Wireless Communication Towers Proposal for wireless towers will be considered as long as they are unobtrusive and can blend with the setting of the City, park, or facility. 5. Entertainment Venues, Stadiums, Arenas, Performing Arts, Tourism Centers This includes, but is not limited to the construction of a stadium, entertainment venues, performing arts, tourism attraction type buildings or operations. Proposals should focus on opportunities for a cooperative public-private partnership for the purpose of constructing a combination facility. The facility should focus on providing a multifaceted level of service to bring tourism to Yorkville and the surrounding areas. 6. Other The United City of Yorkville is interested in receiving proposals for other ventures to support the City that may not fit within the identified categories. SUBMISSION REQUIREMENTS • Proposals may not exceed a total of 15 pages • Proposals are due on or before October 24, 2005 at 2:00 p.m. • The City prefers that proposals be submitted via e-mail in an MS word attachment to (brown a(7yorkville.il.us (Laura Brown, Executive Director of Park and Recreation). • The subject line of the e-mail should indicate the proposal category or categories. • Proposals submitted will receive a confirming e-mail acknowledging the City's receipt of the submittal. The City will also accept hard copies of proposals in lieu of e-mail. Hard copies must be mailed or hand-delivered to the United City of Yorkville do Request for Ideas, 800 Game Farm Road Yorkville, Illinois. 60560. Proposals should contain the following information in the order indicated: • Title • Summary of the proposal • Respondent Name (individual, corporation, etc). • Contact person and phone number • Summary of the firm / corporation o Size of the firm o How long it has been in practice o Special expertise in this project type and management ability 3 • Description including project feasibility, suggested partnership structure, and a brief statement of respondent's credentials and/or experience with similar projects • Outline of key agreement terms (not to exceed one page) • Explanation of revenue and or other benefits to the United City of Yorkville • Anticipated City involvement, if any (administration, etc.) • Timeframe of the project implementation • Other pertinent information EVALUATION AND SELECTION The United City of Yorkville intends to select the proposals that it determines to be in the best interest of the public, based on the following criteria: I. Projected revenue or other benefits to the United City of Yorkville 2. Compatibility with the character of the City. 3. Feasibility and timing of implementation including any capital and / or permit issues 4. Experience and demonstrated successes of respondents 5. Other available information The United City of Yorkville may, in its sole discretion, select the proposal that it determines are most feasible and provide the greatest benefits to the citizens of Yorkville. The City may negotiate final agreements with proposers that differ from the terms contained in their proposals. Agreements will contain provision appropriate to the particular proposal, consistent with City policies and applicable legal requirements. The United City of Yorkville may also reject any or all proposals, and this RFI&P process does not preclude Yorkville from entering into agreements using other procedures. By submitting a proposal, proposers agree to the terms of this RFI&P. Questions must be submitted in writing, preferably via e-mail, to Laura Brown, Executive Director at Ibrown(a)yorkville.il.us two weeks prior to the proposal deadline. All answers will be posted on the United City of Yorkville web site at www.Yorkville.il.us. Proposers may check the website for addenda and answers to questions. 4 COUNTY OF KENDALL ) ss STATE OF ILLINOIS ) RESOLUTION NO.2005- RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE POSITION OF ADMINISTRATIVE SECRETARY(FORMERLY KNOWN AS"CITY SECRETARY") FOR THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, it is important for the UNITED CITY OFYORKVILLE to maintain job descriptions for the various positions within the CITY, and WHEREAS, a revised job description,which is attached hereto and incorporated herein as Exhibit "A"has been recommended for the position of Administrative Secretary(Formerly Known as"City Secretary"), and has been reviewed, and approved by the City Council. NOW THEREFORE,upon motion duly made, seconded, and approved by a majority of those voting,be it resolved that the attached job description incorporated herein by preference for the position of Administrative Secretary be adopted, and same shall replace the position formerly known as City Secretary, and the Job Description attached hereto and incorporated herein as Exhibit"A"is hereby adopted. This resolution shall be in full force and effect forthwith upon its adoption. PAUL JAMES MARTY MUNNS JASON LESLIE WANDA OHARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D.2005. MAYOR Page 1 of 2 PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois, this day of ,A.D.2004. CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-8570 Page 2 of 2 LA FT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY.MARCH 22,2005. Mayor Prochaska called the meeting to order at 7:13 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 11 Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Administrator Graff,City Attorney 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 swearing-in of Sergeant Delaney be moved from under the Mayor's Report to after the Committee Meeting Dates. Mayor Prochaska entertained a motion to amend the Consent Agenda by moving the following items from the Public Works Committee Report;#1-Park Naming Request,#3-IDOT Letter of Understanding for Grande Reserve Route 34 Improvements,#7-IDOT Highway Driveway Cut for Nelson Funeral Home,#8-Results of Street Sweeper Bid,#9-Adjustment to New Dump Truck Purchase and the following items from the Administration Committee Report;#1-RFQ Policy,#3-In Town Road Program Bond,#4-MFT Obligation Retirement Resolution for Fox Industrial Park Bond to the Consent Agenda. So moved by Alderman Sticka;seconded by Alderman James. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,March 28,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,April 21,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,April 7,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,April 14,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be Announced The Minutes of the Regular Meeting of the City Council—March 22,2005-page 2 PRESENTATIONS Swearing-in of Dave Delaney,Police Sergeant Mayor Prochaska,Chief Martin,and Police Commissioners Johnson,Anderson and Putzler swore-in Dave Delaney as Police Sergeant for the United City of Yorkville. They congratulated him on the promotion. PUBLIC HEARINGS Mayor Prochaska noted that the court reporter,Christine Vitosh,C.S.R.from Depo Court had been called way due to a family emergency and that according to the City Attorney it was acceptable for Ms.Vitosh to transcribe the Public Hearing from the tape of the meeting. He asked that only one individual speak at a time and that speakers use the microphone and state their name clearly. Mayor Prochaska entertained a motion to go into the Public Hearings as listed on the agenda. So moved by Alderman Sticka;seconded by Alderman James. 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 Aspen Ridge Estates The first public hearing was for Aspen Ridge Estates,LLC,petitioner,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 125.874 acres at 12024 Fox Road, Kendall Township,Kendall County,Illinois. Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by Alderman Ohare;seconded by Alderman Sticka. 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 S&K Development/Prairie Garden Subdivision The second hearing was for S&K Development,petitioner,request for an Amendment to the Annexation and Planned Unit Development Agreement to subdivide Lot 4 in the Prairie Garden Subdivision. The real property consists of 2.56 acres at 202 Garden Street,Yorkville,Illinois. Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by Alderman Sticka;seconded by Alderman Ohare. 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 Don&Carol Hammon and Five H,LLC The third hearing was for Don&Carol Hammon and Five H,LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville M-2 General Manufacturing District and for all Special Uses permitted in the m-2 District subject to site plan approval and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 326.785 acres from Eldamain to Comeils to Beecher to Faxon Road,Kendall Township,Kendall County,Illinois. Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Ohare-aye,Spears-aye,Sticks-aye,Besco-aye The Minutes of the Regular Meeting of the City Council—March 22,2005—pane 3 Arthur Meinzer/CCM Marketing,Inc and Ronald Moyers and Sang Chu The fourth hearing was for Arthur Meinzer/CCM Marketing,Inc and Ronald Moyers and Sang Chu,petitioner,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 5 acres at 9211 W.Route 126,Kendall Township,Kendall County,Illinois. Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by Alderman Sticka;seconded by Alderman Ohare. 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 CITIZEN COMMENTS None. CONSENT AGENDA 1. Water Department Report for November 2004 2. 2004 Sidewalk Replacement Program—103 W.Center Street—authorize reimbursement in an amount not to exceed$900.00 3. Request for Approval to use"John Robert Ament"as a Historical Street Name 4. Well 8&9 Treatment Facility-Change Order#2—authorize increase in an amount not to exceed$7,242.81,authorize an additional 157 calendar days to the contract completion date and authorize the Mayor to execute 5. Game Farm Road Improvements—Land Surveying Service—authorize increase in an amount not to exceed$574.40 for additional land surveying services for the Game Farm Road project and authorize the City Engineer to execute 6. Fox Hill East Park—Ball Field Installation—authorize installation of a permanent field at Fox Hill East Park in an amount not to exceed$13,000.00.with an approximate donation of$6,000.00 from the Yorkville Youth Baseball/Softball Association 7. Engineering Enterprises,Inc.(EEI)Scope of Service for Fox Road—Southwest Area Transportation Study-authorize the Mayor and City Clerk to execute,subject to receipt of developer funds 8. In-Town Road Program Drainage Contract Construction Inspection—authorize contract with Smith Engineering Consultants,Inc.for construction observation/staking services for the 2005 in-town drainage improvement program in an amount not to exceed$67,264.50 and authorize the City Engineer to execute 9. Park Naming Request—approve the name of"Steven G.Bridge Memorial Park"for the regional park located on Kennedy Road and Mill Street next to Grande Reserve as recommended by the Park and Recreation Board in honor of former Park Board member and resident of Yorkville Steven Bridge as requested by his spouse Patti Bridge 10. IDOT Letter of Understanding for Grande Reserve Route 34 Improvements—authorize the Mayor to sign the Letter of Understanding for the widening and traffic signal improvements on Route 34 along the frontage of the Grande Reserve Subdivision as recommended by the Public Works Committee and the City Engineer 11. IDOT Highway Driveway Cut for Nelson Funeral Home—authorize City Engineer to sign IDOT permit for Route 47 highway cut for Nelson Memorial Services contingent on confirmation letter from IDOT 12. Results of Street Sweeper Bid—approve bid for the Municipal Street Sweeper to EJ Equipment for the Tymco Model 500 in the amount of$143,900.00 13. Adjustment to New Dump Truck Purchase—approve a correction in the purchase price for the 5 yard dump truck from$77,875.00 to the corrected price of$89,068.00 as presented by the Public Works Director 14. RFQ Policy—approve the policy for the Request for Qualifications(RFQ)for professional services as dictated by the Illinois Revised Compiled Statutes as amended which states all RFQ requests shall have City Council approval 15. Ordinance 2005-23-In Town Road Program Bond—approve an Ordinance authorizing the issuance of General Obligation Bonds(Alternate Revenue Source), in an aggregate principal amount not to exceed$4,000,000.00 for the In-Town Road Program and authorize the Mayor and City Clerk to execute all documents The Minutes of the Regular Meeting of the City Council—March 22,2005-page 4 16.Resolution 2005-17-MFT Obligation Retirement Resolution for Fox Industrial Park Bond—approve a Resolution providing for the retirement of municipal indebtedness by the use of Motor Fuel Tax funds for General Obligation Bonds(Alternate Revenue Source)Series 2002 for the Fox Industrial Park Bond in the amount of$77,450.00 and to authorize the Mayor and City Clerk to execute all documents Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Sticka;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-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 Mayor Prochaska reported that the Plan Commission would be holding its second meeting this month on March 23,2005. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Special City Council meeting from January 29,2005 and minutes of the Committee of the Whole meetings from February 17,2004 and February 1,2005;seconded by Alderman Kot. 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 March 11,2005 totaling the following amounts:checks in the amount of $1,021,722.31(vendors);$159,876.33(payroll period ending 3/05/05);for a total of $1,181,598.64;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-1 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Ohare-aye,Spears-nay,Sticka-aye REPORTS MAYOR'S REPORT Deuchler Easement Documents for Rob Roy Creek Interceptor Contract#3 Mayor Prochaska reported that the Yorkville-Bristol Sanitary District was obtaining an easement on the easterly line of the Sexton's property for the Rob Roy Creek Interceptor and no action was needed by the City Council. ATTORNEY'S REPORT Bruelt Street Pump Station,Acquisition of Easements Mayor Prochaska entertained a motion to authorize the City Attorney to negotiate the public Utility Easements along Gawne Lane as needed for the Bruell Street Pump Station project as presented by the City Attorney. So moved by Alderman James;seconded by Alderman Ohare. Attorney Wyeth explained that the Engineering Department thought that the easements needed along Gawne Lane were previously covered in earlier easement negotiations with landowners in the area. However,there is a small portion owned by the Gawne family that was not included. He asked that he be granted the authority to negotiate for the easement in exchange for the waiver of annexation,water connection and sewer connection fees to the Gawne family. Alderman Sticka questioned how water and sewer hook-ups could be accomplished in the small strip needed for the easements. Attorney Wyeth explained that the parcel is adjacent to the route of the new sanitary sewer and water lines. He further explained that the owners will have to annex first to benefit from the free hook-ups;this is not under consideration at this time. Mayor Prochaska further explained that the ownership of the property along Gawne Lane. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Ohare-aye,Spears-aye The Minutes of the Regular Meeting of the City Council—March 22,2005—page 5 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 there will be a budget meeting held on March 29,2005. She explained that she would be out of the office most of the next week and asked that any questions regarding the budget be directed to her before then. Administrator Graff added that Director Pleckham has compiled revisions and has clarified question from the March 15,2005 Committee of the Whole meeting and this information should be in the Council's mailboxes by late in the day on March 23,2005. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported on the initial start up of the Cannonball Trail booster station. He stated that everything worked great and that next week Public Works will begin to fill the north water tower. Water will be pumped to the tower at a rate of 1400 gallons/hour and this will be done after 10:00 P.M. He noted that homeowners on the north side of the city may see rust in their water so he recommended that they run their tap for awhile before using the water. CHIEF OF POLICE REPORT PTI Graduate Chief Martin reported that Officer Steven Bozue would be graduating from the Police Training Institute on Friday,March 25,2005. Accident Assistance He also thanked the City crew for their help with a serious accident on Route 34 and Center Parkway. He reported that they set up barricades and cleaned up after the vehicles involved in the accident were removed from the site. Mayor Prochaska and Alderman Spears expressed gratitude to all the staff that assisted in the incident and complimented the work they did. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT University of Illinois Extension Alderman Spears reported that she attended the University of Illinois Extension Board meeting where representatives from Champaign,Illinois interviewed individuals to evaluate and determine if their programs are adequate. She stated that there were four one hour long sessions and many suggestions,such as senior programs,4-H program for the Hispanic population,etc., came out of the sessions. Also discussed was the increase of drug use in Kendall County by middle-school age children and educating the community regarding the clean-up along roads and rivers. She also noted that the United City of Yorkville Police Department was complimented on a program they held. Senior Ad Hoc Committee Alderman Spears reported that she attended the Senior Ad Hoc Committee where suggestions and needs for a community center were discussed. Mayor Prochaska noted that there are discussions ongoing with developers for the need for a center. WCC Building Partnerships Alderman Spears reported that she attended the Waubonsee Community College's Building Partnerships for America's Future where jobs for students were discussed. Business representatives presented information to local high school teachers and the college staff regarding resumes,job interviews,etc. New School Dedication Alderman Ohare reported that she,along with the Mayor and several other aldermen,attended the dedication of the new school in the Grande Reserve development. She stated that everyone should be pleased and proud what the developer has done for the community. Mayor Prochaska noted that the partnership developed in order to build this school has prompted telephone calls to the City,School District and developer from other communities throughout the state asking how this program was developed. The Minutes of the Regular Meeting of the City Council—March 22,2005—page 6 KEYS Meeting Alderman Burd reported that she attended a kick-off referendum meeting held by the Keep Excellence in Yorkville Schools(KEYS)group. She congratulated them on their efforts and the enthusiasm of the workers. She commented that the community needs to have the referendum passed and she explained that the state legislature has given their support by allowing the School District to go for a higher bond than normally allowed. She stated that if the referendum is not passed at this time,the opportunity will be lost. She also pointed out that the School District services other communities as well at Yorkville. Mayor Prochaska stated that the City Council has tried to bring in quality development with people willing to do partnerships with the city and the School District. He stated that a way to keep this type of development coming to Yorkville is to maintain a strong School District. IDOT Meeting Mayor Prochaska reported that he met with Mr.Martin,the state head of the Illinois Department of Transportation. Mr.Martin was unable to give specifics on programs in the area however he stated that they are looking forward to prioritizing Yorkville's Route 47 needs. Mayor Prochaska stated that he was assured that the City has the support for Route 47 from the Governor's Office, the legislature and IDOT. He stated that he was cautiously optimistic that the City would see some news about rt47 within the next 30 to 60 days. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Countryside Pump Station—Results of Bid Opening A motion was made by Alderman Besco to approve River City Construction Co.for the Countryside Pump Station project as recommended by the City Engineer and Walter E.Deuchler Associates,Inc.as the low responsive,responsible bidder in the amount of$1,553,426.00 and authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Sticka 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 Grande Reserve Aquatic Center—Plat of Vacation A motion was made by Alderman Besco to approve the Plat of Vacation for Lot 3003 in Grande Reserve Unit 2 as recommended by the City Engineer;seconded by Alderman Sticka. 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 In-Town Road Program—IDNR Storm Sewer Easement A motion was made by Alderman Besco to approve an Extended License Agreement with the Illinois Department of Natural Resources(IDNR)for the storm sewer outfall for the In-Town Road Project as recommended by Smith Engineering,the City Engineer and the City Attorney John Wyeth and the Intergovernmental Agreement between the United City of Yorkville and the State of Illinois Department of Natural Resources for the Glen Palmer Dam improvements project and use of State owned property and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye Resolution 2005-16 Approving Increases in Hourly Rates and Expenses for Engineering Enterprises,Inc.(EEI) A motion was made by Alderman Besco to approve a Resolution approving the increases in the Hourly Rates and Expense Schedule for Engineering Enterprises,Inc.(EEI)as presented; 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 ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. The Minutes of the Reeular Meeting of the City Council—March 22,2005—one 7 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Dental/Vision/HAS Contracts A motion was made by Alderman James to approve three agreements for Dental,Vision and Health Savings Accounts and to authorize the Mayor and City Clerk to sign all agreements. Furthermore,to amend the Employee Manual to provide these benefits after thirty(30)days of employment for any new employee hired after May 1,2005;seconded by Alderman Ohare. 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 ADDITIONAL BUSINESS Voice Mail Upgrade Administrator Graff reminded the Council that there would be a voice mail upgrade made on March 23,2005. He stated that any saved messages will be lost when this is done. Fox Hill Park Sign Alderman Munns asked about the status of the park sign at the Fox hill Park indicating that a permit was needed to play baseball on the field. Director Brown indicated that a new sign has been ordered and will be installed as soon as it arrives. Alderman Burd suggested that the current sign be removed. Truck Ordinance Alderman Munns asked when the truck ordinance would be discussed by the Public Safety Committee and Alderman Kot indicated that it will be on the agenda next month. City Community Developer/Planner Position Alderman Spears asked if the discussion of a City Community Developer/Planner Position could be placed on a Committee of the Whole agenda. Mayor Prochaska noted that the position is in the budget and the job description will be discussed by the Administration Committee. Administrator Graff verified that this item is on the next Administration Committee agenda and the job description is under review by the labor attorney. Alderman Burd asked if the position could be discussed at the budget meeting and Mayor Prochaska stated that it could be as long as it was in the context of the budget. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing 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. So moved by Alderman Sticka;seconded by Alderman Ohare. Mayor Prochaska asked that the City Clerk and City Attorney be included. He noted that no action would be taken after the session. 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,Sticks-aye The City Council took a break and entered into Executive Session at 9:00 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 Besco;seconded by Alderman Munns. 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 CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . on March 22 , 2005 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-753405 '''t) __(-- DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . RICH STICKA, Alderman; 4 MR . PAUL JAMES , Alderman; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MS . WANDA OHARE , Alderwoman; 8 MS . ROSE ANN SPEARS , Alderwoman; 9 MR . LARRY KOT, Alderman; 10 MR . MARTY MUNNS , Alderman; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 /4 APPEARANCES : 15 WYETH, HEITZ & BROMBEREK 16 300 East 5th Avenue , Suite 380 Naperville , Illinois 60563 17 BY : MR . JOHN JUSTIN WYETH, appeared on behalf of the City . 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of 2 Allegiance ) 3 MAYOR PROCHASKA: I would entertain a 4 motion to open the public hearings as listed on 5 the agenda . 6 MR . STICKA : So moved . 7 MR . JAMES : Second . 8 MAYOR PROCHASKA: Moved and seconded . 9 May I have roll call , please? 10 MS . MILSCHEWSKI : Besco . 11 MR . BESCO : Aye . 12 MS . MILSCHEWSKI : Burd . 13 MS . BURD : Aye . 14 MS . MILSCHEWSKI : James . 15 MR. JAMES : Aye . 16 MS . MILSCHEWSKI : Kot . 17 MR . KOT : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : Ohare . 21 MS . OHARE : Aye . 22 MS . MILSCHEWSKi : Spears . 23 MS . SPEARS : Aye . 24 MS . MILSCHEWSKI : Sticka . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR . STICKA : Aye . 2 MAYOR PROCHASKA: Motion is carried . 3 The first public hearing is Aspen Ridge Estates , 4 LLC , petitioner, request to annex to the United 5 City of Yorkville and rezone from Kendall County 6 A-1 Agricultural to the United City of Yorkville 7 R-2 One-Family Residence District, and for a 8 hearing as to the annexation agreement of 9 petitioner . 10 The real property consists of I1 approximately 125 . 874 acres at 12024 Fox Road, 12 Kendall Township, Kendall County, Illinois . 13 Sir, we ' re going to ask you to 14 use the wired one because I think they ' ve been 15 having some problems with the wireless there , 16 so -- 17 MR . MEEK : Okay . 18 MS . MILSCHEWSKI : It didn ' t pick up 19 that well at the last meeting . 20 WHEREUPON : 21 DAVID MEEK, 22 testified before the City Council as follows : 23 MR . MEEK : Good evening, everyone . 24 My name is David Meek, M-E-E-K, from the law firm Depo Court Reporting Service ( 630 ) 983-0030 5 • 1 of Quarles & Brady in Chicago, and I am here on 2 behalf of the petitioner, Aspen Ridge Estates , to 3 discuss and present our petition for annexation, 4 zoning, and the particular public hearing matter 5 tonight is the annexation agreement . 6 We have been before you before 7 on the concept plan, and we are working our way 8 through plan improvements , plan recommendations , 9 and reviews . 10 The color picture for you is 11 our concept plan, which has undergone some 12 modifications in light of our meetings with plan 13 council , plan commission, park board, and you , 14 and we now have a preliminary plat , which we are 15 going to the plan council on the middle of next 16 month . So I will put up that plan . It ' s black 17 and white , but it accurately reflects our current 18 thinking about this property . 19 As was stated earlier, this is 20 a now 217 lot proposal , lots that are on average 21 approximately 14 , 284 square feet . 22 We are seeking annexation -- we 23 are seeking annexation with R-2 zoning, and we 24 are looking for -- we provided a plan that we Depo Court Reporting Service ( 630 ) 983-0030 6 1 think is responsive to the site and provides some 2 nice amenities , both to the management there and 3 to the city . 4 As to the amenities to the 5 city, we discussed the proper roadways , we have 6 the park that will be annexed in, and our 7 understanding is that we will be asking you to 8 accept a dedication of this park, with the 9 addition of a trail along Fox -- or, I ' m sorry, 10 Pavillion Road . 11 Our annexation agreement really 12 has some basic elements . Again, the annexation 13 is zoned to R-2 . We are not seeking any 14 variations from your zoning code for this 15 project . When you get to the subdivision 16 improvements , we are not seeking any variations 17 from the subdivision code . 18 We are , of course , looking to 19 be annexed into the sanitary district , we are 20 going to construct all of our on-site 21 improvements . 22 If engineering determines that 23 there is any oversizing that we don ' t anticipate , 24 we would ask that we be able to enter into a Depo Court Reporting Service ( 630 ) 983-0030 7 1 recapture agreement with the city to recapture 2 the costs of oversizing these sewer and water in 3 order to accept the roadway improvements that 4 would qualify for such . 5 Donations and contributions to 6 the city, the city has a standard schedule of 7 fees by ordinance . Our understanding is that the 8 one fee that is not by ordinance that you 9 typically seek from petitioners under an 10 annexation agreement is the $2 , 000 a lot -- per 11 lot road improvement impact fee , and we are , of 12 course , amenable to that . 13 Our only request would be that 14 since we make improvements to the roadways , but 15 roads are of concern, which improvements were not 16 necessitated by our project , but were general 17 improvements to the roads , that we be credited 18 the cost of those improvements against that fee, 19 call it infrastructure fees , or either some of 20 that be contributions in terms of doing 21 engineering studies with respect to the sewer and 22 water fees I believe they have collected from 23 other developers who are petitioning for 24 development in this southwest area of the city . Depo Court Reporting Service ( 630 ) 983- 0030 8 1 The open space , except for the 2 areas we have posted to the city, that being the 3 trail and park, the open space areas along Galena 4 Road and stormwater management areas would be 5 maintained by a homeowner ' s association . 6 We would suggest that -- or we 7 have asked in the annexation agreement that the 8 city consider the option of -- we would consent 9 to the formation of what ' s called a dormant 10 special service area, that in the event that 11 there is a problem that the city feels with the 12 homeowner ' s association maintenance of those 13 facilities , that the city would be able to levy 14 certain costs -- certain fees against the 15 property owners through the mechanism of a 16 special service area, and we have proposed the 17 one dollar per hundred equalized assessed value 18 of the property . 19 With respect to security for 20 improvements , we are asking for the option of 21 either posting a letter -- posting a bond or 22 utilizing a letter of credit , which is allowable 23 under state law now . 24 And with respect to fees and Depo Court Reporting Service ( 630 ) 983-0030 9 1 charges for permits , tap-on, connection fees , et 2 cetera , we are asking that those fees be locked 3 as they are today or when the annexation 4 agreement is effective for a period of four 5 years , and then after that they would increase 6 over time . 7 We are also asking for the 8 ability to put in model homes and sales trailers . 9 We are asking that -- you know, to sum up, it ' s 10 pretty much in keeping with the subdivision code , 11 but we have a couple of little tabs in there 12 putting in models which we could use upon the 13 provision of the draft plan, so the details that 14 are in there we would work out . 15 And then we are looking for the 16 ability to develop this project in phases . What 17 we are asking here is that the preliminary plan 18 we are proposing for approval would be effective 19 for a period of 12 months , so we ' d have it to 20 take it to final plat , but -- then once we final 21 platted the first phase , but the balance of the 22 property hasn ' t been final platted would be 23 subject to the preliminary plat , which then could 24 be for a three-year period, so we sort of lock in Depo Court Reporting Service ( 630 ) 983-0030 10 1 and extend the preliminary phase so we can begin 2 development phase without losing what is 3 provided by your preliminary plat approval 4 process . 5 The amendment -- or the 6 agreement that is proposed asks for a 20-year 7 term, and obviously the documents are binding 8 against the owner, and the owner would be putting 9 in the subdivision improvements , and that ' s 10 pretty much the gist of what our -- this 11 document is that ' s proposed to the city . 12 MAYOR PROCHASKA : At this time I ' d 13 ask if there is anyone in the audience that would 14 like to ask any questions or have any comments . 15 Yes , sir . Please come forward, state your name . 16 WHEREUPON : 17 JIM BIRCH, 18 testified before the City Council as follows : 19 MR. BIRCH : Yes . Jim Birch, 17 20 Highview Drive . 21 On the first map, I live down 22 in the lower right-hand corner of the Ligen 23 Heights (phonetic) subdivision, and I notice that 24 we ' re going to be surrounded, there are plans for Depo Court Reporting Service ( 630 ) 983-0030 11 1 another subdivision behind us , and I think on the 2 other side of the cemetery also, and I ' m just 3 wondering, are all these other subdivisions going 4 to be the same size lots and will you annex 5 Pavillion Road to the city? 6 The one road coming out of this 7 subdivision, is that going to hook up with our 8 subdivision? 9 MAYOR PROCHASKA : Well , what I can 10 tell you right now is any road that we annex up 11 to, the city -- I believe Pavillion is a township 12 road, correct? 13 MR . BIRCH : Yes . 14 MAYOR PROCHASKA : Which means that 15 when we touch that , anywhere the city touches it , 16 it becomes a city street , so the area that ' s 17 adjacent to that subdivision would become a city 18 street in the City of Yorkville . 19 As far as anything connecting 20 from this subdivision into yours , there is at 21 this point no plan to connect to your subdivision 22 from that subdivision, so that what you see there 23 is the plan right there . 24 MR . BIRCH : Okay . But the one road Depo Court Reporting Service ( 630 ) 983-0030 12 1 does come to the back side of the subdivision . 2 MAYOR PROCHASKA : Correct . Correct . 3 MR . BIRCH : And we do have a roadway 4 that dead-ends on a cul-de-sac . 5 MAYOR PROCHASKA: Well , but it 6 does -- Like I said, it doesn ' t show a connection 7 there, it goes into the property to the south, so 8 that -- that -- Is that the Chelly (phonetic) 9 place? 10 MR . MEEK : That ' s the Chelly 11 property . 12 MAYOR PROCHASKA : I believe they are 13 looking at connecting it to that -- 14 MR. BIRCH : Hillside Drive . 15 MAYOR PROCHASKA : Right . And, I ' m 16 sorry, what was your other questions you had? As 17 far as other developments , those will all be 18 taken in individually as they come . I mean, 19 that ' s not part of this public hearing, you know, 20 what we ' ve got coming here . 21 MR . BIRCH : I was just wondering if 22 by looking at this , this is what I could 23 anticipate for coming behind us . 24 MAYOR PROCHASKA : Well , I think it Depo Court Reporting Service ( 630 ) 983-0030 13 1 meets the zoning for the area and the land use , 2 so I guess that ' s all I can tell you at this 3 point until those other plats come before the 4 City Council , but I think Chelly -- Chelly did . 5 MR . GRAFF : In concept plans . 6 MAYOR PROCHASKA : They have no 7 preliminary plat . 8 MR . GRAFF : They are working on 9 their plat . 10 MAYOR PROCHASKA : So that would just 11 come in with concept , and they had a variety of 12 sizes there, but I don ' t believe they had 13 anything smaller than what ' s here . 14 UNIDENTIFIED SPEAKER : Correct . 15 They are looking at 12 , 000 square foot . 16 MR . BIRCH : And one more question . 17 MAYOR PROCHASKA : Yes , sir . 18 MR . BIRCH : The city limit I think 19 is at least a half mile away yet . Where are you 20 coming with your sewer and water? 21 MAYOR PROCHASKA: Well , that ' s up to 22 the developer . We actually have a plan and they 23 have to follow the city ' s plan for providing 24 sewer and water , and that would be the developers Depo Court Reporting Service ( 630 ) 983-0030 14 1 along the way have to pull that , and I believe 2 the plan has been out a long time . 3 MR . MEEK : Correct . We have to 4 secure -- As we are moving, we are securing 5 easement rights , as we are moving ahead . 6 MAYOR PROCHASKA : As developers 7 develop the land, we require easements from them 8 as they -- as they go on, so as far as when this 9 one would develop, obviously this one would have 10 to wait until the ones up the street go . 11 MR . BIRCH : So as long as there 12 is -- Evergreen Farm doesn ' t develop or -- 13 MAYOR PROCHASKA: Well , or across -- 14 now that the -- is that contiguous to the Boy 15 Scout camp, former Boy Scout camp? 16 MR . BIRCH : Well , part of it is . 17 MAYOR PROCHASKA : Okay . So that -- 18 a quarter only . So that would mean that would 19 have to wait until the other property is annexed . 20 MR . STICKA : Just as a point of 21 clarification, is the Boy Scout camp actually 22 considered in the agreement? 23 MAYOR PROCHASKA : Part of our 24 agreement , in the intergovernmental agreement , is Depo Court Reporting Service ( 630 ) 983-0030 15 1 that it will be annexed into the City of 2 Yorkville . 3 MR. STICKA: So property touching 4 that is contiguous . 5 MAYOR PROCHASKA : I don ' t know if 6 that ' s actually been done yet . 7 MR. WYETH : No, it ' s actually 8 waiting for a process of the third tract , for 9 that to be annexed -- or for that to be 10 purchased . 11 MAYOR PROCHASKA : Okay . 12 MR . WYETH : And then that ' s part of 13 the agreement with Qualans (phonetic ) . 14 MAYOR PROCHASKA: Because part of 15 this could be used as city park, so it makes 16 sense to get it . 17 MR. BIRCH : And other than the 18 floodplain along the creek, that ' s all park area 19 of the subdivision? 20 UNIDENTIFIED SPEAKER : There is a 21 corridor over here where there is a trail , we 22 called it a city parkway, and with the Boy Scouts 23 here , south of here is for a future purpose , and 24 we have that tree stand there and the trail here . Depo Court Reporting Service ( 630 ) 983- 0030 16 1 MAYOR PROCHASKA: Is there anyone 2 else? 3 UNIDENTIFIED SPEAKER : Yes . 4 MAYOR PROCHASKA : Okay . 5 UNIDENTIFIED SPEAKER: When do you 6 plan to be contiguous? Do you have a time frame? 7 What do you have that ' s already city or in the 8 works to be contiguous? 9 MAYOR PROCHASKA: There are a number 10 of developers or developments that are in various I1 stages of coming to the city, so which one -- we 12 would probably take the one across the street, it 13 could be annexed to make it contiguous . 14 MR. GRAFF : There is a couple 15 different ways for that contiguity issue to be 16 resolved, going along Fox Road is the most 17 logical way, and I would think that for this 18 project you are looking at -- for it to be 19 official , you are looking at anywhere from a six 20 to 12-month process for the City Council to 21 review the annexation, minimum. 22 UNIDENTIFIED SPEAKER: I know it 23 goes up as far as the one subdivision -- which I 24 can ' t think of the name of . Depo Court Reporting Service ( 630 ) 983-0030 17 1 MAYOR PROCHASKA: River ' s Edge? 2 UNIDENTIFIED SPEAKER: Fox Lawn? 3 MAYOR PROCHASKA : Fox Lawn is not in 4 the city . 5 UNIDENTIFIED SPEAKER: Fox -- Fox is 6 not part of it? Okay . The other . 7 MAYOR PROCHASKA : Right . Right . 8 UNIDENTIFIED SPEAKER : Then the City 9 has the Hoover as far as city property? 10 MAYOR PROCHASKA : Well , it is in our 11 agreement to be annexed; it has not -- 12 UNIDENTIFIED SPEAKER : Has not? 13 MAYOR PROCHASKA : The formality of 14 it being done has not happened . 15 UNIDENTIFIED SPEAKER : Okay . So is 16 that for -- it ' s not a done deal as for the 17 easement of the water on that part of it . I 18 tried to see the progression of it . 19 MAYOR PROCHASKA : Okay . 20 UNIDENTIFIED SPEAKER : And then 21 after that part , then you are next to Silver 22 Eagle? Is that what -- 23 MR. GRAFF : Silver Fox is next . 24 UNIDENTIFIED SPEAKER : Silver Fox . Depo Court Reporting Service ( 630 ) 983-0030 18 1 MR . GRAFF : That ' s on the old Graff 2 farm, and then next to that will be the Evergreen 3 Farm piece , and it will be up to this piece . 4 UNIDENTIFIED SPEAKER: Right . 5 MR . GRAFF : And then across the road 6 you have the Inland project that ' s right at Fox 7 and High Point , and the Fox River Bluff 8 project . 9 UNIDENTIFIED SPEAKER: Okay . 10 MR. GRAFF : That ' s in contract 11 review . There is numerous ways to get it 12 connected . 13 UNIDENTIFIED SPEAKER: The Graff, 14 has there been an agreement there for easement 15 then? 16 MR. GRAFF : In the annexation 17 agreement that they are putting together , it will 18 be a requirement that we will have an easement . 19 We don ' t have the easement yet at this point . 20 The easements go as far as 21 River ' s Edge right now, and then in the agreement 22 with Hoover, we have language in there to provide 23 us an easement there , but we still have to get 24 easements . Depo Court Reporting Service ( 630 ) 983-0030 19 1 UNIDENTIFIED SPEAKER: Do you do 2 right of domain then? 3 MR . GRAFF : The City Council has not 4 taken eminent domain as a process to gather 5 easement . Normally it works as part of the 6 development process to bring it along . 7 UNIDENTIFIED SPEAKER : Okay . So if 8 annexation is accomplished -- 9 MR. GRAFF: There is discussion 10 about what we are calling the Southwest Public 11 Utility Plan, where all the developers will be 12 contributing, but they ' ll have to be brought 13 before the City Council for agreement on bonding 14 and funding to the development, so there ' s -- 15 we ' re still -- Tonight ' s hearing, and I ' ll turn 16 it over to the attorney, we ' re not looking to 17 annex tonight . This is just a discussion . 18 UNIDENTIFIED SPEAKER : Oh . Oh , yes . 19 Yes . 20 MAYOR PROCHASKA : Is there anyone 21 else? 22 (No Response ) 23 MAYOR PROCHASKA : Okay . With that , 24 I would ask the Council if they had any questions Depo Court Reporting Service ( 630 ) 983-0030 20 1 to the developer . Yes , Rose . 2 MS . SPEARS : I have a few questions . 3 You said that with the general road improvements 4 that you would expect the developer to be 5 reimbursed as to the general , but anything 6 affecting your development, then you ' re not going 7 to ask for reimbursement . Is that correct? 8 MR . MEEK : I believe I was talking 9 about the $2 , 000 road improvement impact fee, and 10 we said if these improvements were not specific 11 to our project , then we would ask for a variation 12 of that , that the amount that was expended be 13 credited as to the amount for the impact fees . 14 The impact fees would be a part of the 15 annexation . 16 MS . SPEARS : We are currently 17 conducting a traffic road study right now and we 18 are expecting a solution before the Council votes 19 on anything or whatever, and I believe that if 20 they come out with the solution being widening 21 the road to four lanes , putting in turn lanes , 22 with the fee that we ' re going to be collecting 23 from -- with the impact fee that you ' re going to 24 be paying is only $ 434 , 000 , so I 'm not quite sure Depo Court Reporting Service ( 630 ) 983-0030 21 1 if that would cover the expenses of what I 2 believe would be probably necessary . 3 MR . MEEK : Well , I think that we are 4 open to participating in road costs that would be 5 paid by the results of that study . 6 We are going to be and we have 7 already put money -- actually I don ' t think we 8 have put money down, it ' s the agenda item 9 tonight , but we are standing ready to put money 10 into the feasibility study, and we are interested 11 in being responsive to that and anticipate that 12 that will be consistent with what ' s expected by 13 the Council . 14 MS . SPEARS : Oh, okay . 15 MAYOR PROCHASKA : There are dollars , 16 and that study involves a larger area , too , so 17 all the dollars will go together for those 18 properties , that ' s why we collect that fee , is to 19 be able to do those improvements , so . . . 20 MR . MEEK : Yes . Finally, I 21 anticipate there is a lot going out there , and 22 there will be significant improvements and we 23 probably won ' t see the opportunity to ask for a 24 credit for an impact fee . Depo Court Reporting Service ( 630 ) 983-0030 22 1 MS . SPEARS : I just wanted you to be 2 aware of it and your developer before he takes 3 the next step . 4 MR . MEEK: Yes , yes . Keeping in 5 mind the possibility that perhaps there might be 6 paving in a lot of the improvements that might 7 actually be a two-tier structure as to how it was 8 done , funded . 9 MAYOR PROCHASKA: I think what I ' d 10 just like to make sure is in there that there is 11 an agreement to participate in the evaluation 12 study of Fox Road because I think we will be 13 talking about that later on tonight . 14 The idea is that you are 15 looking at funds upfront rather than back and 16 forth, back and forth, so look at that . 17 I think the overall cost 18 that -- again, that will be determined as that 19 evaluation study is put together to not only deal 20 with Fox Road, but to deal with Pavillion Road, 21 deal with extension of some other roads and 22 creating some of the roads to move traffic 23 through that area . So that will all come in its 24 due time . Depo Court Reporting Service ( 630 ) 983-0030 23 1 I think the initial thing is in 2 this agreement for me is I ' d just like some 3 acknowledgement that the developer will 4 participate in the evaluation study . 5 MS . SPEARS : Can I ask another 6 question -- 7 MAYOR PROCHASKA : Sure . 8 MS . SPEARS : -- for clarification? 9 I don ' t know, maybe I have to wait until the next 10 portion . 11 MAYOR PROCHASKA : All right . Go 12 ahead . 13 MS . SPEARS : We ' re talking about -- 14 Well , this keeps talking about phase one , phase 15 two, and phase three, and you said collect the 16 impact fees upfront . Do we collect the impact 17 fees on all phases -- 18 MAYOR PROCHASKA : That could be -- 19 MS . SPEARS : -- upfront? 20 MAYOR PROCHASKA : I think that would 21 be a part of what we determine in this agreement 22 based on need for dollars . It may not be all of 23 it , but we ' ll know that . 24 MR. GRAFF : Normally the way we -- Depo Court Reporting Service ( 630 ) 983-0030 24 1 the trigger mechanism is upon need, if the study 2 shows that the road should be improved or it has 3 to be built , such as with Grande Reserve , Vista 4 Ridge Road had to be done first , we are going to 5 model this one after what we have at Grande 6 Reserve and what would trigger, so roads would be 7 improved before the impact . 8 MAYOR PROCHASKA : Wanda? 9 MS . OHARE : I understand this is 10 just a draft that we are looking at , but two 11 questions . On Page 8 where it refers to park 12 land and the ag contributions , the park land 13 mentioned in here , is that for the associate -- 14 for the homeowners , the public part? 15 MR . MEEK: No . Sorry . The -- 16 Probably wasn ' t clear . We -- The intent is -- 17 and we have to be clear -- the assembled park -- 18 well , the assembled park and trail . 19 MS . OHARE : Okay . So the agreement 20 here refers to the trail , right? 21 MR. MEEK : Yes . At that point this 22 wasn ' t -- the original draft wasn ' t submitted. 23 MS . OHARE : So this is strictly just 24 the draft of the site . Okay . And the other Depo Court Reporting Service ( 630 ) 983-0030 25 1 question is how do we adjust the fire district 2 fee? 3 MR. MEEK : Those -- 4 MS . OHARE : So those would all be 5 adjusted? 6 MR . MEEK: Yes . That option has 7 been lifted out . Basically our intent is 8 whatever the ordinances are -- 9 MS . OHARE : I do read it . 10 MR. MEEK: I appreciate that . And I1 you will probably find some things that I haven ' t 12 rereading it . 13 MS . OHARE : Thank you . 14 MR. MEEK: Thank you very much . 15 MAYOR PROCHASKA : Anyone else? Yes , 16 Larry . 17 MR . KOT : One question on the 18 trails . 19 MR . MEEK : Yes . 20 MR . KOT : I couldn ' t see . How far 21 does it go? Does it come all the way through 22 this property or does it go down there ? 23 MR . MEEK : The trail is along the 24 eastern part , it will follow this path up past Depo Court Reporting Service ( 630 ) 983-0030 26 1 here . 2 MR . KOT : My question is being on 3 the Fox River, we have this trail system that ' s 4 kind of in a fiasco over here . If they don ' t get 5 the approval down there , then that ' s kind of a 6 trail for those residents and the whole city pays 7 for that trail there that goes nowhere . 8 MAYOR PROCHASKA: Well , I think in 9 deference to what happened to Fox Trail , there 10 was no trail plan -- reasonable trail plan that 11 we now have, and I believe that ' s what the park ' s 12 been looking at, because if you look how it goes , 13 it goes up to the corner, right where the Boy 14 Scout camp is , and that ' s part of bringing access 15 up into that larger park . 16 Good point , though . I mean, 17 that ' s I think one thing we talked about , is make 18 sure that the trails are -- 19 MR . MEEK : You ' ve got connection all 20 the way down to 71 , you should have this 21 conducted in the same time frame . 22 MR . KOT : They do have a plan 23 system where it goes somewhere , around a golf 24 course, unlike -- Depo Court Reporting Service ( 630 ) 983-0030 27 1 MAYOR PROCHASKA: You need to get a 2 copy of our master plan, because ours -- 3 MS . OHARE : It ' s in there . 4 MR . KOT : And then like the woods , 5 you propose it ' s going to be concrete or mulch 6 or -- 7 MAYOR PROCHASKA : Well , it will be 8 to the park standard, which I believe is asphalt . 9 Anyone else? 10 (No response ) 11 MAYOR PROCHASKA : I would like to 12 entertain a motion to close this portion of the 13 public hearing . 14 MS . OHARE : So moved . 15 MR . STICKA : Second . 16 MAYOR PROCHASKA: Seconded . Roll 17 call , please . 18 MS . MILSCHEWSKI : Burd . 19 MS . BURD : Aye . 20 MS . MILSCHEWSKI : James . 21 MR . JAMES : Aye . 22 MS . MILSCHEWSKI : Kot . 23 MR . KOT : Aye . 24 MS . MILSCHEWSKI : Munns . Depo Court Reporting Service ( 630 ) 983-0030 28 1 MR. MUNNS : Aye . 2 MS . MILSCHEWSKI : Ohare . 3 MS . OHARE : Aye . 4 MS . MILSCHEWSKI : Spears . 5 MS . SPEARS : Aye . 6 MS . MILSCHEWSKI : Sticka . 7 MR . STICKA : Aye . 8 MS . MILSCHEWSKI : Besco . 9 MR. BESCO : Aye . 10 MAYOR PROCHASKA : Motion is carried . 11 Thank you . 12 Now we move on to the next 13 item, which is S & K Development, petitioner, 14 request for an amendment to the Annexation and 15 Planned Unit Development Agreement to subdivide 16 Lot 4 in the Prairie Garden Subdivision . 17 The real property consists of 18 2 . 56 acres at 202 Garden Street, Yorkville , 19 Illinois . 20 WHEREUPON : 21 TOM GRAHAM, 22 testified before the City Council as follows : 23 MR . GRAHAM : Good evening . Tom 24 Graham, representing S & K. This is really more Depo Court Reporting Service ( 630 ) 983-0030 29 1 of a drawing amendment if you will than an 2 amendment to the substance of the planned unit 3 development agreement , which was approved by the 4 Council back in 2000 , and then there was a minor 5 amendment to that agreement in 2001 , which had to 6 do with senior citizen ' s housing, which is 7 actually west . 8 S & K owns Lot 4 , and it ' s one 9 large lot , a little more than two acres . What we 10 want to do is break it off into basically seven 11 sublots , and we are showing them here . On these 12 lots would be individual buildings , and on these 13 that you ' ve got, it shows a commons area D . The 14 commons area is actually one of the Bethany 15 driveways parking facility, so all of the 16 buildings . 17 The intent is to create 18 individual ownership of the building and then 19 subownership, so that someone could come in and 20 buy a 2 , 000 square foot unit in an otherwise 21 6 , 000 square foot building . 22 But that ' s really all we are 23 before you to do tonight , is to have a hearing 24 and the gain approval to break this off into Depo Court Reporting Service ( 630 ) 983-0030 30 1 basically seven lots . 2 And it will be treated somewhat 3 like a condominium, there will be restrictive 4 covenants , declaration of ownership, easements 5 back and forth across all the common area, and 6 again, the goal here is to create individual 7 ownership in a commercial building . 8 The real estate is zoned 9 commercial ; we are not asking for you to change 10 the zoning . 11 A comparable project is the 12 Marker project up on McHugh Road, where the title 13 company is at , when they broke up that larger lot 14 into smaller lots . 15 And the other one that ' s a good 16 comparison is where Chicago Title is at in Aurora 17 at West Downer Place there, behind Jewel Osco . 18 It ' s the same type of a 19 situation there , where those buildings are 20 actually in individual ownership, and some are 21 actually broken up into individual units inside . 22 If you have ever been in 23 Chicago Title , they occupy the whole building and 24 some of the other buildings up there are occupied Depo Court Reporting Service ( 630 ) 983-0030 31 1 by smaller -- Edward Jones has an office there , 2 somebody else there , in the same building . 3 That ' s what we ' re trying to do 4 here , creating a vehicle whereby they can have 5 private ownership, but in what would otherwise be 6 like a condominium building . That ' s really it . 7 MAYOR PROCHASKA : At this time I 8 would ask if there is anyone in the audience that 9 would like to ask any questions , make any 10 comments , or otherwise comment to City Council on 11 this project . 12 (No Response ) 13 MAYOR PROCHASKA : Hearing none , are 14 there any questions on the City Council ? Yes , 15 Wanda . 16 MS . OHARE : Is this the area that ' s 17 south of town by the landscape? Where is this 18 development? 19 MAYOR PROCHASKA : It ' s on Garden 20 Street . 21 MR . GRAHAM : It ' s on Garden Street , 22 by the senior citizens -- 23 MS . OHARE : Right . 24 MR . GRAHAM : The 55 and over . It ' s Depo Court Reporting Service ( 630 ) 983-0030 32 1 right there . This is the lot right just before 2 you get back into Hughes ' development there . 3 Yeah . 4 MS . OHARE : Okay . Close to Kendall 5 County Landscape . 6 MR . GRAHAM : Get your gardens , yeah . 7 And there is one building that ' s already up, just 8 about -- 9 MS . OHARE : It ' s already built? 10 MR . GRAHAM : It ' s built . There is 11 one building already built on the site , so that ' s 12 the first of the six that we intend to build . 13 MAYOR PROCHASKA : Any other 14 comments? 15 MR . BESCO : Just a comment . If you 16 do do it like that West Downer type business park 17 back there , or Edwards back that way, it ' s very 18 nice the way they have the concept , the trees . 19 MR . GRAHAM : That ' s what we intend 20 to do, yeah, make it a really high class , yeah . 21 With the reconstruction, very little -- minimum 22 maintenance . 23 MR . BESCO : That ' s very nice , 24 especially when you drive through that area . Depo Court Reporting Service ( 630 ) 983-0030 33 1 Very nice . 2 MR. GRAHAM : One of the things we do 3 have to do before we get to your Committee of the 4 Whole meeting is have a proposed draft of the 5 amendment . I just happen to have one . And then 6 I ' ll get together with John and go over the 7 changes to that that you think we need . 8 MAYOR PROCHASKA: Okay . Any other 9 comments or questions at this time? 10 (No Response) 11 MAYOR PROCHASKA : Hearing none , I 12 would entertain a motion to close this public 13 hearing . 14 MR . STICKA : So moved . 15 MS . OHARE : Second . 16 MAYOR PROCHASKA : Moved and 17 seconded . Roll call, please? 18 MS . MILSCHEWSKI : Burd . 19 MS . BURD: Aye . 20 MS . MILSCHEWSKI : James . 21 MR . JAMES : Aye . 22 MS . MILSCHEWSKI : Kot . 23 MR . KOT : Aye . 24 MS . MILSCHEWSKI : Munns . Depo Court Reporting Service ( 630 ) 983-0030 34 1 MR. MUNNS : Aye . 2 MS . MILSCHEWSKI : Ohare . 3 MS . OHARE : Aye . 4 MS . MILSCHEWSKI : Spears . 5 MS . SPEARS : Aye . 6 MS . MILSCHEWSKI : Sticka . 7 MR . STICKA : Aye . 8 MS . MILSCHEWSKI : Besco . 9 MR. BESCO : Aye . 10 MAYOR PROCHASKA: Motion is carried . I1 MR. GRAHAM : Thank you . 12 MAYOR PROCHASKA: We move on to Item 13 number 3 in our public hearing . Don and Carol 14 Hammon and Five H, LLC, petitioners , request to 15 annex to the United City of Yorkville and rezone 16 from Kendall County A-1 Agricultural to United 17 City of Yorkville M-2 General Manufacturing 18 District and for all Special Uses permitted in 19 the M-2 District subject to site plan approval 20 and for hearing as to the Annexation Agreement of 21 Petitioner . 22 The real property consists of 23 approximately 326 . 785 acres from Eldamain Road to 24 Corneils to Beecher to Faxon Road, and this Depo Court Reporting Service ( 630 ) 983-0030 35 1 actually should say Bristol Township, Kendall 2 County, Illinois . 3 WHEREUPON : 4 JOHN DELACOURT, 5 testified before the City Council as follows : 6 MR. DELACOURT : Yes . Good evening, 7 Mr . Mayor, members of the Council . My name is 8 John Delacourt (phonetic ) . I am very pleased to 9 be representing Don and Carol Hammon in 10 connection with this application . I1 Mr . and Mrs . Hammon acquired 12 from Commonwealth Edison Company the spare 13 property that surrounded their electric 14 substation as indicated on the zoning exhibit . 15 The property is in the 16 comprehensive plan as manufacturing, and they are 17 seeking to annex it for that purpose . 18 We have scheduled hearings on 19 all the -- hearing on special use . We are 20 intending to draft another exhibit a little more 21 advanced than this shot prepared showing this 22 road . 23 We are contemplating putting a 24 construction interior lane on the interior area Depo Court Reporting Service ( 630 ) 983-0030 36 1 of this roadway by the substation, and Mr . Hammon 2 contemplates , if the Plan Commission and the 3 Council approves it , that that would be an 4 excellent location for an asphalt plant for -- 5 variance plan . 6 He also has had discussions 7 with a company about concrete dock manufacturing, 8 which is a permitted use in that zone, but we 9 contemplate if that is to be located in the area , 10 that would be in that construction material would 11 be adjacent to the substation . 12 We have proposed an annexation 13 agreement ; we haven ' t yet had a chance to receive 14 Staff comments and to respond to them at this 15 point in time, but we have asked that the 16 property be annexed subject to your determination 17 on our pending special use applications and an 18 acceptable annexation agreement . 19 MAYOR PROCHASKA : Is there anyone 20 who would like to come forward and address the 21 Council with comments or questions ? 22 WHEREUPON : 23 SUE HANSON, 24 testified before the City Council as follows : Depo Court Reporting Service ( 630 ) 983-0030 37 1 MS . HANSON : Yes . My name is Sue 2 Hanson, and I am at the corner of Faxon and 3 Eldamain Road, directly across from the property 4 mentioned, and I have several concerns . 5 I wonder first is the property 6 currently contiguous ? 7 MAYOR PROCHASKA : It is through the 8 easement because we are contiguous to the ComEd 9 property, and you are -- ComEd I believe as a 10 utility was able to annex through . 11 MS . HANSON : Also I was wondering 12 then will city water and sewer be run immediately 13 out to the property if something is okayed for 14 development? 15 MAYOR PROCHASKA : Well , at this 16 point I guess I can ' t answer that specifically, 17 but typically as development happens , we require 18 water and sewer to be run out . 19 MS . HANSON : If someone purchased 20 the area , say where they are talking about the 21 asphalt plant or something, would they be allowed 22 to start out with well and septic or would they 23 have to wait until -- 24 MAYOR PROCHASKA : Well , that would Depo Court Reporting Service ( 630 ) 983-0030 38 1 be something I think we would look at in the 2 agreement , but I would say typically for 3 commercial and industrial properties that has in 4 the past been allowed, with the caveat that when 5 water and sewer is run, that they be -- hook in 6 to it . 7 MS . HANSON : One of the things I was 8 concerned about is that we do have a private 9 well , and so we are always concerned about 10 getting development right next to it and I1 contamination of our water, and I hope that would 12 be something that would be taken into concern . 13 Also, would there be any type 14 of signal light or anything there? Is the road 15 directly going in to that going to be across -- 16 directly across from Menard ' s? 17 MAYOR PROCHASKA : I believe , John, 18 is that what the plan is ? I think it is . 19 MR. WHITEHOUSE : What Mr . Schoppe 20 contemplates is that the main access would be 21 opposite the main access to Menard ' s , and that 22 would be the primary access , but it would be 23 signalized as traffic would warrant . 24 MAYOR PROCHASKA : Right . Depo Court Reporting Service ( 630 ) 983-0030 39 1 MS . HANSON : Because right now 2 currently it ' s not a very good intersection just 3 with traffic going into Menard ' s , because myself, 4 I go north to work, and there is -- especially 5 when you come home , trucks do not stop, they pull 6 out , so if you have trucks also going into the 7 other side, you know, it ' s going to make it 8 equally dangerous . 9 Also, on this one drawing, when 10 construction does begin on any of the properties 11 out there , will there be regulations as to the 12 hours of construction work on the actual land? 13 When the Menard ' s warehouse 14 went in, they worked 20 hours out of 24 , and so I 15 just wonder if the city had any type of agreement 16 or if someone was allowed to bring in their 17 lights and work around the clock . 18 MAYOR PROCHASKA : I think currently 19 they are not allowed to work after dark . 20 MR . WYETH : We looked into that 21 after you came to the Plan Commission, and our 22 building department said it ' s a dawn to dusk 23 requirement within the city . 24 MS . HANSON : Okay . Also, how about Depo Court Reporting Service ( 630 ) 983-0030 40 1 do you have restrictions on the type of lighting 2 that would be allowed, you know, so it doesn ' t 3 project out? 4 MAYOR PROCHASKA : Actually, that ' s 5 probably one of the things that we have just 6 recently upgraded, is our lighting and 7 subdivision ordinances , looking at the -- what do 8 you call it, the dark sky? 9 MR . WYETH : Night sky . 10 MAYOR PROCHASKA: Night sky type I1 lighting . 12 MS . HANSON : Also, another thing I 13 was wondering is will this be -- will there be an 14 action taken this evening on this? 15 MAYOR PROCHASKA : No . 16 MS . HANSON : Also I was wondering if 17 you are looking into or considering giving a 18 blanket special use permit to this 326 acres 19 or -- 20 MAYOR PROCHASKA: Well, you were at 21 the Plan Commission -- 22 MS . HANSON : Right . 23 MAYOR PROCHASKA : -- so you heard 24 their comment -- Depo Court Reporting Service ( 630 ) 983-0030 41 1 MS . HANSON : Right . 2 MAYOR PROCHASKA : -- and I think we , 3 the Council , at Committee level had pretty much 4 the same comment , which was while individually I 5 don ' t think that there was any -- depending where 6 they are located in the property any special 7 uses , but I believe -- and I don ' t want to speak 8 out for the entire Council -- but I believe there 9 was the same concern, that special uses were 10 special , and -- 11 MR . STICKA : Bring them forward one 12 at a time and we will address them as they are 13 brought forward . 14 MAYOR PROCHASKA : I mean, they can 15 bring -- if they have two or three that they need 16 to do at one time , they can bring them forward 17 and be considered, but not just a blanket -- 18 MS . HANSON : Not just one blanket , 19 the whole thing at one time . Well , just as I ' ve 20 said, that being so close to the property, I 21 would have concerns as to what is happening . 22 MR . STICKA : I have a question . She 23 asked about the traffic signalization . Eldamain 24 is a county road, is it not? Depo Court Reporting Service ( 630 ) 983-0030 42 1 MAYOR PROCHASKA: It is a county 2 road . 3 MS . HANSON : It is county now, yes . 4 MR . STICKA : So wouldn ' t the county 5 be the ones who would make a decision as to 6 whether or not signalization could ever happen 7 there? 8 MAYOR PROCHASKA : Well , what we ' ll 9 probably have to do is work -- 10 MR . STICKA : Because Plano owns one 11 side of the street , Yorkville the other . 12 MAYOR PROCHASKA: It would take 13 probably cooperation between the county, Plano, 14 and the City of Yorkville because as -- they all 15 have -- you know, Plano abuts -- comes to it on 16 one side , Yorkville comes on the other, and it is 17 a county road, it ' s something that I think that, 18 you know, would have to be looked at by all three 19 entities , and I don ' t think that that ' s something 20 that can ' t happen, I think we can look at it, 21 because there are specific warrants for it . 22 MS . HANSON : And especially if we 23 add more trucks , more trucks out there on the 24 road is going to add to the , you know, Depo Court Reporting Service ( 630 ) 983-0030 43 1 congestion . 2 MAYOR PROCHASKA : That ' s it? Okay . 3 Thank you . Is there anyone else that would like 4 to come forward and speak to this particular 5 project ? 6 (No Response ) 7 MAYOR PROCHASKA : Hearing none , is 8 there any comments from the Council? Yes , Wanda . 9 MS . OHARE : Just a comment . I share 10 her concerns on the traffic, but I think as we go 11 on, it will be addressed, but I have been on that 12 road at times when it was very, very crowded and 13 very, very busy, and that is a problem. 14 MAYOR PROCHASKA : And I think that ' s 15 one of the reasons why the County is looking at 16 taking the jurisdiction and ultimately improving 17 the road to make it more of a road that 18 accommodate traffic . 19 Anyone else? 20 (No Response ) 21 MAYOR PROCHASKA : All right . Then 22 with that , I will entertain a motion to close the 23 public hearing . 24 MR. STICKA: So moved . Depo Court Reporting Service ( 630 ) 983-0030 44 1 MS . OHARE : Second . 2 MAYOR PROCHASKA : It ' s been moved 3 and seconded . May I have roll call , please? 4 MS . MILSCHEWSKI : Burd . 5 MS . BURD: Aye . 6 MS . MILSCHEWSKI : James . 7 MR . JAMES : Aye . 8 MS . MILSCHEWSKI : Kot . 9 MR . KOT : Aye . 10 MS . MILSCHEWSKI : Munns . 11 MR. MUNNS : Aye . 12 MS . MILSCHEWSKI : Ohare . 13 MS . OHARE : Aye . 14 MS . MILSCHEWSKI : Spears . 15 MS . SPEARS : Aye . 16 MS . MILSCHEWSKI : Sticka . 17 MR . STICKA : Aye . 18 MS . MILSCHEWSKI : Besco . 19 MR . BESCO : Aye . 20 MAYOR PROCHASKA : Motion is carried . 21 All right . And then we go on to Item number 22 four . 23 Arthur Meinzer/CCM Marketing, 24 Inc . , and Ronald Moyers and Sang Chu, Depo Court Reporting Service ( 630 ) 983-0030 45 1 petitioners , request to annex to the United City 2 of Yorkville and rezone from Kendall County A-1 3 Agricultural to United City of Yorkville B-3 4 Service Business District and for hearing as to 5 the Annexation Agreement of the Petitioner . 6 The real property consists of 7 approximately five acres at 9211 West Route 126, 8 Kendall Township, Kendall County, Illinois . 9 WHEREUPON : 10 NEIL GOLTERMANN , I1 testified before the City Council as follows : 12 MR . GOLTERMANN : Good evening . My 13 name is Neil Goltermann and I am with the law 14 firm of Momkus , McCluskey in Downers Grove . I 15 represent Ed Meinzer . He apologizes , I ' ll 16 apologize for him, he can ' t be here tonight . He 17 is attending to some medical issues that have 18 arisen this week . 19 Earlier this month Mr . Meinzer 20 took part of this property, completing the 21 purchase contract that he had, and he owns it 22 under the Landscape Depot of Yorkville, LLC , and 23 that kind of describes or gives a description of 24 a business that he wants to open up on this Depo Court Reporting Service ( 630 ) 983-0030 46 1 property once annexation is accomplished . 2 We are seeking through the 3 annexation B-3 zoning that would allow the 4 operation of a landscaping business . Mr . Meinzer 5 currently operates a similiar-type business in 6 Lombard, and he would be selling nursery stock 7 and also providing landscape design services to 8 customers . 9 The overall development plans 10 for this property have not been completed; they 11 have somewhat been stimied a little bit by the 12 fact that IDOT wants to realign this property . 13 That is outlined to the north of this property in 14 orange , this property is outlined in green . It ' s 15 about five acres . 16 At the time that we submitted 17 the draft annexation agreement to the City 18 Attorney, our thought was that we might need a 19 temporary building type for -- in order to open 20 up for business and yet outlast the IDOT 21 _ reconstruction project for the realignment , 22 assuming that it occurs . 23 We ' ve had some conversations 24 and we ' ve talked to the engineer and we are kind Depo Court Reporting Service ( 630 ) 983-0030 47 1 of going down the path of trying to come up with 2 a plan that we can submit to the city that can be 3 a permanent site that will entail only a few 4 modifications once the realignment is completed 5 and the new Route 126 is open . 6 And so there are some issues 7 that are really in transition . One of the things 8 that we have proposed is the use of on-site well 9 water for ongoing operations . Because of the 10 nursery stock, there would be a lot of watering 11 going on, and then the property will require some 12 detention area, and that ' s in the northwest 13 corner of the property outlined in pink, and 14 there is an existing culvert that passes under 15 the existing 126 and continues on north over land 16 more or less . 17 IDOT has indicated in meetings 18 that we ' ve had with them that their realignment 19 plan calls for a detention pond area, and they 20 have indicated that as long as we are going to 21 use that for a detention pond area , they would 22 probably require an easement type of agreement 23 for that area to -- that would meet their plans , 24 and we assume that we would be working with the Depo Court Reporting Service ( 630 ) 983-0030 48 1 city on some of those plans as well . 2 But the design of that pond in 3 that area also would fit with development plans 4 because Mr . Meinzer envisions constructing a pond 5 that not only would comply with detention pond 6 requirements and IDOT requirements and everything 7 else, but also implement the planning design 8 services and then some of the product that this 9 company sells , so it would be an on-site 10 marketing tool for customers to view and 11 everything else , so we think that we will be able 12 to dovetail a practical use with a real-world 13 business use as well . 14 I think in a nutshell that ' s 15 kind of where we are at with our submittal . We 16 know that there are going to be some ongoing 17 discussions on detail and timing of issues . 18 IDOT has a public hearing 19 scheduled here tomorrow for the realignment plan, 20 and they will announce I think in more detail 21 some of their timing, but my understanding is 22 that right now they are looking at construction 23 being next year, 2006, construction season, and 24 that they already have funding for that as well , Depo Court Reporting Service ( 630 ) 983-0030 49 1 so we are trying to create some plans that will 2 allow Mr . Meinzer to open up for business , but at 3 the same time we are cognizant of the fact that 4 there is going to be construction . 5 MAYOR PROCHASKA : Is there anyone in 6 the audience that would like to comment to the 7 City Council on this project ? 8 (No Response ) 9 MAYOR PROCHASKA : Hearing none , is 10 there someone that would like to comment on the 11 City Council? 12 MR . MUNNS : Just a question . Is 13 that 126 going that way? Is this that landscape 14 part when you pass 71 when you go down 126? That 15 comes from the west . Coming from the west , when 16 you hit 71 , going west on 126, isn ' t that 17 landscaping past 71 ? 18 MAYOR PROCHASKA : No, that ' s a 19 different -- that ' s a different company . 20 MR . STICKA : That ' s Yorkville 21 Hill . 22 MAYOR PROCHASKA : That ' s Yorkville 23 Hill . This is the property -- 24 MR . MUNNS : Where the sign place is . Depo Court Reporting Service ( 630 ) 983-0030 50 1 MAYOR PROCHASKA : Right . Just to 2 the east of that sign . 3 MR. GOLTERMANN : The sign place is 4 right here currently on the corner, and we are 5 just northwest of that , and then if the plan 6 holds , this is the new alignment for 126 , and it 7 would come along north for the subject property 8 instead of south, so, you know, our development 9 plans are , you know, creating something that will 10 allow -- you know, we are thinking this is going 11 to be fine , this is going to be fine , this is 12 going to be storage area for whatever . 13 Speaking of a 10 , 000 square 14 foot building and parking area, IDOT has agreed 15 that they will allow two full ingress /egress 16 points along here , and what we would like to do 17 is assuming the existing Route 126 remains a 18 viable road, we would have a rear entrance that 19 would be primarily used by employees and then 20 supply vehicles that are bringing product to the 21 site . 22 I guess I neglected to mention 23 that issue . IDOT currently plans for a cut-off 24 down right here approximately, and then having an Depo Court Reporting Service ( 630 ) 983-0030 51 1 existing road be a right-in and a right-out only, 2 but I think that that ' s subject to the city ' s 3 determination that they would like that to remain 4 a road, so . . . 5 MAYOR PROCHASKA: I think we ' re 6 going to have to -- That will wait for the public 7 hearings , because I do know there are some ideas 8 that are less radical realignment , so I would be 9 interested to see what ' s proposed to IDOT 10 tomorrow night . 11 MR. GOLTERMANN : Right . 12 MR . STICKA : I am supposing that 13 tonight ' s issue is annexation and zoning, which I 14 do support for this property, I think it should 15 be annexed and zoned B-3 , I think it ' s 16 appropriate, and I guess some of the issues about 17 the well and so forth would be addressed in an 18 annexation agreement . Is that correct? 19 MR. GOLTERMANN : I think the zoning 20 fits regardless of which side of 27 -- 126 it 21 ends up being on, the north or the south side , 22 so . . . 23 MAYOR PROCHASKA: Are there any 24 other comments from anyone? Depo Court Reporting Service ( 630 ) 983-0030 52 1 (No Response ) 2 MAYOR PROCHASKA : Okay . Thank you, 3 very much . 4 MR . GOLTERMANN : Thank you . 5 MAYOR PROCHASKA: At this time I 6 would entertain a motion to close the final 7 portion of the public hearing . 8 MR . STICKA : So moved . 9 MS . OHARE : Second . 10 MAYOR PROCHASKA : Moved and 11 seconded . May I have roll call , please? 12 MS . MILSCHEWSKI : Burd . 13 MS . BURD: Aye . 14 MS . MILSCHEWSKI : James . 15 MR . JAMES : Aye . 16 MS . MILSCHEWSKI : Kot . 17 MR . KOT : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : Ohare . 21 MS . OHARE : Aye . 22 MS . MILSCHEWSKI : Spears . 23 MS . SPEARS : Aye . 24 MS . MILSCHEWSKI : Sticka . Depo Court Reporting Service ( 630 ) 983-0030 53 1 MR. STICKA : Aye . 2 MS . MILSCHEWSKI : Besco . 3 MR . BESCO : Aye . 4 MAYOR PROCHASKA : Motion is carried . 5 (Which were all the 6 proceedings had in 7 the public hearing 8 portion of the 9 meeting . ) 10 ---000--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 54 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this JUL day of 16 131:t-.- � , 2005 . 17 18 19 /'` ? 20 Lit(1:7 _ CHRISTINE VITOSH C . S . 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49:4 dangerous[11 39:8 Donations[11 7:5 Estates[2] 4:3 5:2 former[11 14:15 contains[11 54:14 dark[2] 39:19 40:8 done[5] 15:6 17:14,16 et[1] 9:1 forth[4] 22:16,16 30:5 contamination[11 David[21 4:21,24 22:8 24:4 evaluation[3] 22:11,19 51:17 38:11 dawn[1] 39:22 dormant[11 8:9 23:4 forward[6 ] 10:15 36:20 dovetail[1] 48:12 41:11,13,16 43:4 contemplate[1] 36:9 dead-ends[1] 12:4evening[5] 4:23 28:23 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page`'` four-months March 22, 2005 four[3] 9:4 20:21 44:22 hearings[3] 3:4 35:18 instead[1] 50:8 law[3] 4:24 8:23 45:13 10:12 11:9,14 12:2,5,12 Fox us) 4:11 6:9 16:16 51:7 intend pi 32:12,19 Lawn[zl 17:2,3 12:15,24 13:6,10,17,21 17:2,3,5,5,23,24 18:6,7 Heights[1] 10:23 intending[ii 35:20 least[il 13:19 14:6,13,17,23 15:5,11,14 22:12,20 26:3,916:1,4,9 17:1,3,7,10,13 HEITZ m2:15 intent[3] 24:16 25:7 less[2] 47:16 51:8 17:19 19:20,23 21:15 22:9 frame[21 16:6 26:21 hereunto[1l 54:16 29:17 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stormwater[1] 8:4 22:23 25:21 32:24 37:7 reimbursed[1] 20:5g reimbursement[1] 20:7 44:3 52:11 Silver[3] 17:21,23,24 street[s] 11:16,18 14:10 37:10 46:2 Ronald[1] 44:24 16:12 28:18 31:20,21 times[1] 43:12 remain[1] 51:3 slmiliar-type[1] 46:5 42:11 Rose[2] 2:8 20:1 site[6] 6:1 24:24 32:11 strictly timing[2] 48:17,21 remains[1] 50:17 [1] 24:23 title[3] 30:12,16,23 Route[3] 45:7 47:5 50:17 34:19 47:3 50:21 REPORT[1] 1:6 structure[1] 22:7 y[today 1 run[3] 37:12,18 38:5 situation[1] 30:19 ] 9:3 reported[1] 54:10 studies[1] 7:21 together[a] 18:17 21:17 Reporter[1] 54:8 six[z] 16:19 32:12 study[s] 20:17 21:5,10 22:19 33:6 -S- Size[1] 11:4 21:16 22:12,19 23:4 24:1 represent[1] 45:15 Tom[z] 28:21,23 representing[z] 28:24 S[s] 2:1,14 28:13,24 29:8 sizes[1] 13:12 subdivide[1] 28:15 tomorrow[2] 48:19 35:9 sales[1] 9:8 sky[3] 40:8,9,10 subdivision[17] 6:15 51:10 request[5] 4:4 7:13 Sang[1] 44:24 smaller[3] 13:13 30:14 6:17 9:10 10:9,23 11:1,7 tonight[6] 5:5 19:17 21:9 28:14 34:14 45:1 sanitary[1] 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Court Reporting Service Index Page 5 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page' two-tier - zoning March 22, 2005 two-tier[i1 22:7 warrants[1] 42:21 type[8] 30:18 32:16 water[101 7:2,22 13:20 38:13 39:15 40:1,10 46:19 13:24 17:17 37:12,18 38:5 47:22 38:11 47:9 typically[3] 7:9 37:17 watering[i1 47:10 38:2 ways[21 16:15 18:11 week[i1 45:18 -U- west[7] 29:7 30:17 32:16 ultimately[i1 43:16 45:7 49:15,15,16 under[4] 7:9 8:23 45:22 whereby[i1 31:4 47:14 WHEREOF[i1 54:16 undergone[i1 5:11 white[i1 5:17 understand[i1 24:9 WHITEHOUSE[i1 UNIDENTIFIED[is] 38:19 13:14 15:20 16:3,5,22 whole[41 26:6 30:23 33:4 17:2,5,8,12,15,20,24 18:4 41:19 18:9,13 19:1,7,18 widening[i1 20:20 unit[3] 28:15 29:2,20 wired[i1 4:14 United[71 1:2 4:4,6 wireless[1] 4:15 34:15,16 45:1,3 within[i1 39:23 units[i1 30:21 without[i1 10:2 unlike[1] 26:24 WITNESS[i1 54:16 up[22] 4:18 5:16 9:9 11:7 wonder[2] 37:5 39:15 11:10 13:21 14:10 16:23 18:3 25:24 26:13,15 30:12 wondering[5] 11:3 30:13,21,24 32:7 45:24 12:21 37:11 40:13,16 46:20 47:1 49:2 51:21 woods[11 27:4 upfront[3] 22:15 23:16 worked[i1 39:14 23:19 works[2] 16:8 19:5 upgraded[i1 40:6 WYETH[6] 2:15,17 used[2] 15:15 50:19 15:7,12 39:20 40:9 uses[3] 34:18 41:7,9 utility[21 19:11 37:10 -Y- utilizing[i1 8:22 year[i] 48:23 years[i1 9:5 -V- yet[5] 13:19 15:6 18:19 VALERIE[i1 2:6 36:13 46:20 value[i1 8:17 Yorkville[ 71 1:2,10 4:5 variance[11 36:5 4:6 11:18 15:2 28:18 34:15,17 42:11,14,16 45:2 variation[1] 20:11 45:3,22 49:20,22 variations[2] 6:14,16 variety[i1 13:11 -Z- various[11 16:10 zone[i1 36:8 vehicle[i1 31:4 zoned[3] 6:13 30:8 51:15 vehicles[1] 50:20 zoning[9] 5:4,23 6:14 viable[11 50:18 13:1 30:10 35:14 46:3 view[i1 48:10 51:13,19 Vista[11 24:3 VITOSH[3] 1:8 54:6,22 votes[1] 20:18 -W- wait[s] 14:10,19 23:9 37:23 51:6 waiting[1] 15:8 Wanda[41 2:7 24:8 31:15 43:8 wants[2] 45:24 46:12 warehouse[1] 39:13 warrant[i1 38:23 Depo Court Reporting Service Index Page 6 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,JUNE 14,2005. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Wyeth,Police Chief Martin and Executive Director of Parks&Recreation Brown. OUORUM 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 None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,June 27,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,June 16,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,July 7,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,July 14,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M.,Tuesday,July 12,2005 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Certificate of Recognition Mayor Prochaska presented Jonathan Sebby with a Certificate of Appreciation in recognition for attaining the rank of Eagle Scout. He noted that only 2%of Boys Scouts make it to this level and he congratulated Mr.Sebby on his great achievement. Presentation of 2004 A.A.I.M.Awards Mayor Prochaska and Chief Martin presented Officers Robbie Hart and Jeff Johnson with Alliance Against Intoxicated Motorists(AAIM)Awards for commendable DUI enforcement. Mayor Prochaska and Chief Martin congratulated the officers on their fine job of spotting DUI's and acting to take the offenders off the road. The Minutes of the Regular Meeting of the City Council—June 14,2005-page 2 PUBLIC HEARINGS McCue Builders—Blackberry Woods Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing 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 the 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. So moved by Alderman Wolfer;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye CITIZEN COMMENTS Mayor Prochaska read a letter dated June 6,2005 from Jeff Brown,President of F.E.Wheaton& Co.regarding the Appearance Code(see attached) CONSENT AGENDA 1. In-Town Road Program Roadway Contract Construction Inspection a. Roadway Contract Construction Inspection- authorize contract with Smith Engineering Consultants,Inc.for construction observation/staking services for the Phase I 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. Resolution 2005-32-IDOT Highway Permit for Windett Ridge-authorize the Mayor and City Clerk to execute / 3. Resolution 2005-33-IDOT Highway Permit for 5/3 Bank-authorize the 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 the Mayor and City Clerk to execute 7. Resolution 2005-34-Fox Industrial Park Project—MFT Appropriation Resolution— authorize City Clerk to execute 8. Building Permit Reports for February,March,and April 2005 9. Ordinance 2005-50-Institutional Control Ordinance for Groundwater Protection— XPAC-authorize the Mayor and City Clerk to execute 10. Countryside Interceptor Sanitary Sewer Easement-authorize the 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$8,659.25 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 City Engineer to approve the homeowner's request 14. 2005 In-Town Drainage Improvement-Change Order#2—authorize increase in an amount not to exceed$13,800.00 for the realignment of the storm sewer on Liberty Street and authorize the 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 The Minutes of the Regular Meeting of the City Council—June 14,2005—page 3 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Burd;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Prochaska noted that the City Council received a report from Administrator Graff dated June 10,2005 regarding the activity at the June 8,2005 Plan Commission meeting(see attached). MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of City Council meetings of April 26,2005 and May 10,2005 and the Committee of the Whole meetings from March 15, 2005 and April 6,2005;seconded by Alderman Wolfer. Alderman Spears noted a correction to page nine of the April 26,2005 City Council meeting minutes. The vote for Resolution 2005-25 should be reflected as Ayes-5,Nays-2,Present-1. She also noted that Aldermen Leslie and Wolfer's names are misspelled on the March 15,2005 COW minutes. Minutes were approved as corrected 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 June 3,2005 totaling the following amounts:checks in the amount of $672,127.17(vendors—F/Y 04/05);$830,747.78(vendors—F/Y 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)for a total of$1,835,226.17;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Recommendation of Reappointment of City Attorney,City Engineer, Director of Public Works,Chief of Police and Building Code Official Mayor Prochaska entertained a motion to reappoint City Attorney John Wyeth,City Engineer Joe Wywrot,Director of Public Works Eric Dhuse,Chief of Police Harold Martin,and Building Code Official William Dettmer.So moved by Alderman James;seconded by Alderman Ohare. Alderman Burd questioned the pay scale for the City Attorney position. She stated that the code states the pay is$9,500.00/year however former City Attorney Dan Kramer was being paid $11,500.00/year. She stated that she was not against the higher pay but that she was unable to find where or when the City Council had authorized an increase. There was further discussion that it may have been approved by a resolution rather than an ordinance and that resolutions are not sent to the codifiers. Alderman Spears suggested postponing the approval of the appointments until the amount of the City Attorney's salary could be confirmed. After some discussion,it was determined to move forward and to have Attorney Wyeth investigate the matter further. Attorney Wyeth stated that if the increase had never been approved he was agreeable to the lower amount. Motion approved by a roll call vote. Ayes-7 Nays-3 Burd-nay,James-aye,Leslie-aye,Ohare-aye,Spears-nay,Wolfer-aye,Besco-nay Update of Beecher Center Facility Use Mayor Prochaska reported that developer Harold Oliver was in the process of getting drawings together in order to get the permits for the adjustments needed to the Beecher Center in order to accommodate Senior Service's move to the building. He also reported that an agreement similar to that of the Golden Diner's will be needed between the City and Senior Services. Alderman Besco asked if there would be any conflict between Senior Services program and existing programs at the center. Executive Director of Parks&Recreation Laura Brown stated that the Park Board has discussed the relocation of activities to various local churches,schools, etc.and that some programs have already relocated. She stated that the local churches and private schools have been wonderful to work with. She further explained that the Golden Diners were going to re-organize in an effort for the two groups to share space. The Minutes of the Regular Meeting of the City Council—June 14,2005—page 4 There was also some discussion about the renovation of the old Police Department building so that it can be used for future programs. Human Resource Commission Meeting Change Mayor Prochaska reported that the Human Resource Commission has changed their meeting date from the first Thursday of the month to the third Wednesday of the month at 6:00 P.M.The date change is effective with the July 2005 meeting. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth continued his informational report on Robert's Rules by covering the description of classes and individual motions(page 59-68): o Main Motion—a motion whose introduction brings business before the assembly o Subsidiary Motion—assists the assembly in treating of disposing of a main motion(i.e.postpone indefinitely,amend,refer,etc.) o Privileged Motions—do not relate to pending business but have to do with special matters of immediate importance(i.e. call for the orders of the day,raise a question of privilege,adjourn,etc.) o Incidental Motions—relate to pending business or to business otherwise at hand (i.e.point of order,appeal,consideration of the question,etc.) CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that well#7 was now online and that it pumped 1.8 million gallons yesterday. He reported that there was a good supply of water even with the lack of rain. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Park Tour Director Brown reported on the Park Tour that took place on Saturday,June 11,2005 from 9:00 A.M.to 1:00 P.M.She stated that the tour visited preselected parks,one being the Grande Reserve Park which is 98%complete. It also included the Grande Reserve club house and pool facility. Rice Park Director Brown reported that Rice Park remains closed for construction while stability problems are resolved. She anticipated that it would reopen in two weeks. COMMUNITY&LIAISON REPORT Senior Service Providers Alderman Spears reported that she attended the Senior Service Providers meeting on June 7, 2005. Discussion items included Medicare Part D,elder abuse,the transfer of the Salvation Army major,a grandparents raising grandchildren seminar and the Golden Diner's Polka Part on September 11,2005. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Southwest Sanitary Sewer Interceptor Illinois RailNet License Agreement A motion was made by Alderman Besco to approve the Illinois RailNet License Agreement for the Southwest Sanitary Sewer Interceptor as presented and subject to an Intergovernmental Agreement between the United City of Yorkville and the Yorkville-Bristol Sanitary District to recapture funds for this project including design,construction and easement costs;seconded by Alderman James. The Minutes of the Regular Meeting of the City Council—June 14,2005—page 5 Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-51 Appearance Code A motion was made by Alderman Munns to approve an Ordinance adopting the Appearance Code as presented;seconded by Alderman Wolfer. Aldermen Burd and Besco thanked all the individuals who worked on the code and Mayor Prochaska and Alderman Spears thanked Alderman Burd for her input while the code was being developed. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye James-aye,Leslie-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-52 Authorizing$3,825,000.00 General Obligation Bonds (Alternate Revenue Source),Series 2005A for the In-Town Road Program 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;seconded by Alderman Ohare. Mayor Prochaska noted that these are the bonds necessary to finance the road program and keep it moving forward. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye ADDITIONAL BUSINESS Buried Utility Lines Alderman Spears asked how the documents regarding buried utility lines were progressing. Administrator Graff stated that ComEd was giving a presentation June 16,2005 regarding this. Violent Dog Ordinance Alderman Besco noted that other municipalities have been passing violent dog ordinances. Both Mayor Prochaska and Chief Martin stated that the City has an ordinance covering this. Alderman Besco asked if it could be reviewed at the next Public Safety Committee meeting. Relay for Life Mayor Prochaska complimented the Police Department and Public Works Department for their work on the Relay for Life event. He reported that the event raised approximately$113,000.00 for the American Cancer Society. Vacation Mayor Prochaska noted he would be out of town for the next week. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session to discuss: o Land Acquisition-For the purpose of purchasing or leasing of real property for the use of the public bodies being considered. He asked that Clerk Milschewski,Administrator Graff and Attorney Wyeth be included in the session and he noted no action would be taken. So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Spears-aye,Wolfer-aye The City Council took a ten minute break and entered into Executive Session at 8:15 P.M. The City Council returned to regular session at 8:59 P.M. The Minutes of the Regular Meeting of the City Council—June 14,2005—page 6 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Note: No tape available—sound system malfunctioned. CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on June 14 , 2005 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-761405 DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . JASON LESLIE, Alderman; 4 MR . DEAN WOLFER, Alderman; 5 MR . PAUL JAMES , Alderman; 6 MR . JOSEPH BESCO, Alderman; 7 MS . VALERIE BURD, Alderwoman; 8 MS . WANDA OHARE, Alderwoman; 9 MS . ROSE ANN SPEARS , Alderwoman; 10 MR . TONY GRAFF, City Administrator; 11 MR . WILLIAM POWELL, City Treasurer; 12 MS . JACQUELYN MILSCHEWSKI , City Clerk . 13 14 /5 APPEARANCES : 16 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 17 Naperville, Illinois 60563 ( 630 ) 355-1458 18 BY : MR . JOHN JUSTIN WYETH, on behalf of the United City of 19 Yorkville . 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : I would entertain 3 a motion to go into public hearing for the 4 discussion of McCue Builders , Inc . , Blackberry 5 Woods , LLC, Youth Camp Association, District 12 6 and 13 Polish National Alliance of the United 7 States of America , petitioners , request to annex 8 to the United City of Yorkville and rezone from 9 Kendall County A-1 Agricultural to United City of 10 Yorkville Planned Unit Development containing R-2 11 One-Family Residence District and R-4 General 12 Residence District , and for hearing as to the 13 annexation and planned unit development agreement 14 of petitioner . 15 The real property consists of 16 approximately 60 acres at 10701 River Road, 17 Bristol Township, Kendall County, Illinois . 18 MR . WOLFER : So moved . 19 MS . OHARE : Second. 20 MAYOR PROCHASKA : Moved and 21 seconded . May I have roll call , please? 22 MS . MILSCHEWSKi : Besco . 23 MR . BESCO : Aye . 24 MS . MILSCHEWSKI : Burd . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . BURD : Aye . 2 MS . MILSCHEWSKI : James . 3 MR . JAMES : Aye . 4 MS . MILSCHEWSKI : Leslie . 5 MR. LESLIE : Aye . 6 MS . MILSCHEWSKI : Ohare . 7 MS . OHARE : Aye . 8 MS . MILSCHEWSKI : Spears . 9 MS . SPEARS : Aye . 10 MS . MILSCHEWSKI : Wolfer . 11 MR . WOLFER : Aye . 12 MAYOR PROCHASKA : Motion is carried . 13 Petitioner have -- ready to 14 make a presentation? 15 WHEREUPON : 16 BILL McCUE , 17 testified before the City Council as follows : 18 MR . McCUE : I ' m Bill McCue with 19 McCue Builders . We have Blackberry Woods , which 20 is 60 acres , which is just south of the -- The 21 county jail is right here and courthouse right 22 here , Chinese Buffet , on Route 34 . Cannonball 23 dead-ends into this property right here . 24 Can everybody hear so far? Depo Court Reporting Service ( 630 ) 983-0030 5 1 So this is the 60 acres . Our 2 latest drawing right here , now we have 132 lots . 3 Right here in yellow are the R-2 lots , which are 4 the 12 , 000 square foot lots . They have an 5 average size of about 14 , 700 square foot . 6 These here in the orange are 7 the R-4 lots , which we have I believe 76 of these 8 lots . 9 The 56 12 , 000 square foot lots , 10 we have -- McCue Builders plans on selling 11 probably 50 to 70 percent of these lots to local 12 builders and we plan on keeping the rest of them 13 for ourself to build on . 14 Our covenants will be very 15 similar to like a Heartland Circle , the houses 16 that have been built in there . The price range 17 on these homes will probably be 375 on up to 18 $ 500 , 000 . 19 The R-4 lots here, again, McCue 20 Builders , we will be keeping all these lots and 21 building these . We will be offering like ten, 12 22 different ranch plans with five to six different 23 first floor masters . The price range on these 24 homes will really start about 275 and go up to Depo Court Reporting Service ( 630 ) 983-0030 6 1 about 350 . 2 They will be fully sodded lots . 3 The homeowner ' s association will maintain the 4 yards . 5 We ' ll put a $2 , 000 landscaping 6 package into every house . I ' ve probably built 7 oh, probably 400 homes in Kendall County, and 8 very few of the homes we build do we put a 9 landscaping package into the home . 10 We typically sod the front and 11 seed the back yards ; where with this here , we ' ll 12 have the lots fully sodded, and again, a $2 , 000 13 landscaping package will , you know, really dress 14 up these homes . 15 In our previous -- Well , I 16 don ' t know if -- Did we pass out these elevations 17 to you guys at this meeting? No? 18 MAYOR PROCHASKA: Maybe the Plan 19 Commission . 20 MR . McCUE : In the last couple 21 meetings I know we had them. But the elevations 22 that we plan on doing on the R-4 , like I say, are 23 upscale ranch homes . 24 They ' ll have , you know, a lot Depo Court Reporting Service ( 630 ) 983-0030 7 1 of gables to them, just the bay windows , have a 2 lot of curb appeal . 3 You know, I have been to three 4 different seminars in the last six months on the 5 baby boom, and basically what they are saying is 6 they are looking for nice things , just 7 downsizing, and they still want the granite 8 countertops , they want the nice looking fronts , 9 and that ' s what , you know, we intend to do on 10 this project . 11 I don ' t think there is a 12 project in the area that has something that has 13 these nice elevations on these small ranches . 14 The square footage will range from 1400 to 2400 15 square foot . 16 But just adding, you know, the 17 extra detail to the front of the homes I think 18 will separate it from, you know, even where we 19 are building Heartland Circle, again, where we 20 are selling homes in the 4 to 500 price range . 21 From the meetings that we ' ve 22 been at with the -- This was the previous one we 23 had last month when we met with the Planning 24 Commission and Economic Development Committee , Depo Court Reporting Service ( 630 ) 983-0030 8 1 then the City engineers , we had these two 2 cul-de-sacs not lining up with each other, which 3 we have changed on our new drawing here . 4 The other thing that Joe Wywrot 5 wanted was Cannonball not come to a T, basically 6 run straight down south into that property below . 7 We have changed that on here . 8 The Planning Commission had 9 asked that we change these lots which we had on 10 this other one , with the R-4 lots to R-2 lots , 11 which we did change . 12 And this was a mistake here . 13 This should be -- this is a 16 , 000 square foot 14 lot , so this would be a 12 , 000 square foot lot 15 here . So along the whole bottom here we have 16 12 , 000 square foot lots . 17 Basically two wet ponds . We 18 have a six-foot berm running all the way down the 19 property here . Where this ends here , that will 20 be fully landscaped, and our park we located over 21 here . 22 Originally when we first came 23 to the Planning Commission we were at about 146 24 lots and now we are down to 132 . Depo Court Reporting Service ( 630 ) 983-0030 9 1 We do have a letter being drawn 2 up right now . Pretty much everybody we ' ve met 3 with so far has eased up pretty good about us 4 only having one way in, and we do have a letter 5 being drawn up, Gregg Ingemunson, our attorney, 6 who was not able to make it tonight , but he has a 7 letter to send to the courthouse that we will be 8 able to get an emergency access right here . 9 I haven ' t seen the letter or 10 anything, but I ' m sure we will meet with the City 11 and find out, you know, how wide they will want 12 this gravel road or whatever we do there , but I ' m 13 taking it that this lot will not be sold until 14 basically this property has been developed or 15 below it or an access goes out to Route 34 or 16 something . 17 Anything else? 18 MAYOR PROCHASKA : Let me ask . Is 19 there anybody in the audience that has any 20 comments or questions , any testimony? 21 (No response) 22 MAYOR PROCHASKA : Hearing none , is 23 there any comments or questions from the Council ? 24 Yes , Wanda . Depo Court Reporting Service ( 630 ) 983-0030 10 1 MS . OHARE : Will Cannonball Trail be 2 the same width all the way down as it is now? 3 MR. McCUE : Right now we ' re showing 4 it at 80 feet , which I think we are having a 5 traffic study done to see that it does need to 6 stay that all the way down, but right now it is 7 80 foot up here and it is 80 foot all the way 8 through here . The standard ones I believe are 66 9 feet . 10 MAYOR PROCHASKA : You are showing 44 11 foot back-to-back, so that ' s showing a wider 12 road . 13 MR . McCUE : Yes . 14 MAYOR PROCHASKA : Anyone else? 15 MR . LESLIE : Are those two retention 16 ponds , is that green space? 17 MR . McCUE : These will be wet . 18 MR . LESLIE : Okay . These will be 19 wet . How about those other areas? 20 MR . McCUE : Right here , actually the 21 tree line comes in about 30 feet in the back of 22 the property, comes right through here, but there 23 is about a 40-foot I call it gully, that goes 24 down in here . Depo Court Reporting Service ( 630 ) 983-0030 11 1 One thing we are working on is 2 trying to do our park up here and some kind of 3 walking trail that goes back through here . This 4 is really heavily wooded . 5 MAYOR PROCHASKA : Yes . 6 MS . SPEARS : Can I ask questions on 7 the document? 8 MAYOR PROCHASKA : Sure . Absolutely . 9 MS . SPEARS : On Page 5 you are 10 talking about Exhibit F that was supposed to be 11 attached and it has requested variations . 12 Are we going to get that? 13 MAYOR PROCHASKA : I think we would 14 want to see what -- 15 MS . SPEARS : Right , before we -- 16 MAYOR PROCHASKA : -- they are 17 requesting on a variation . 18 MS . SPEARS : Could we have that? 19 MR . McCUE : That was Exhibit F? 20 MS . SPEARS : Yes . Variations . 21 MR . McCUE : Okay . 22 MS . SPEARS : And also, Page 6 , 23 paragraph A, you are speaking about, let ' s see , 24 common subdivision signage, developer shall form Depo Court Reporting Service ( 630 ) 983-0030 12 1 an Illinois not-for-profit corporation . 2 What exactly is this ? Is this 3 a dormant association or SSA? I 'm not familiar 4 with the terms . 5 MAYOR PROCHASKA: Is that 6 homeowners-ese? 7 MS . SPEARS : It says form an 8 Illinois not-for-profit corporation . 9 MR. McCUE : That would be the 10 homeowner ' s association . 11 MS . SPEARS : It ' s the homeowner ' s ? 12 MR . McCUE : Yes . 13 MS . SPEARS : Okay . And is this 14 going to be a dormant SSA? If they go defunct , 15 then are you collecting SSA on this? 16 MR. McCUE : We won ' t have the SSA I 17 guess . I guess Grande Reserve has . Is that -- 18 MS . SPEARS : Well , they have two 19 different kinds . I am learning two different 20 types . 21 MR . McCUE : Okay . 22 MS . SPEARS : One SSA is in case your 23 association is -- goes defunct or something and 24 no longer is in existence , then these people -- Depo Court Reporting Service ( 630 ) 983-0030 13 1 you know, you collect the money from them and 2 then it gets paid I believe to the City . It ' s a 3 dormant special service -- 4 MS . OHARE : Number 9 . 5 MR . GRAFF : Number 9 . 6 MS . SPEARS : Bear with me a minute . 7 MR . WYETH : That ' s the back-up to 8 show if it were to go out of existence . 9 MS . SPEARS : Okay . And then also 10 should Bristol and the Fire District be included 11 here? Because I ' m not finding that either . I 12 think that should be in C . 13 MAYOR PROCHASKA : I think that was 14 pointed out to you guys . 15 MS . SPEARS : Oh, was it? I wasn ' t 16 at that meeting . 17 MAYOR PROCHASKA : No . I mean, it 18 needs to be in here . 19 MS . SPEARS : On Page 7 and 8 as 20 well . 21 MR . McCUE : Okay . 22 MS . SPEARS : And just so that we 23 have all the exhibits , that would be good . 24 MR . McCUE : Okay . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MS . SPEARS : And then my other 2 question was it did go to the Plan Commission and 3 what were all of their concerns ? Because I 4 believe they voted -- 5 MR . McCUE : They voted down -- 6 MS . SPEARS : -- not in favor of 7 this . 8 MR . McCUE : I would say 99 percent 9 of the discussion was only having one way in . 10 MS . SPEARS : Okay . 11 MR . McCUE : And, like I say, that 12 was the big part . The only other comment that we 13 got was changing these to 12 , 000 square foot 14 lots , but other than the emergency access , that 15 was the only other thing we had, changing this 16 here and changing the street , from Joe Wywrot , 17 and that was -- that was really their big thing, 18 was just that -- we thought we would be able to 19 work something out over here with the 20 homeowners -- or the owners , and that did not 21 work out and now they have the county . 22 But that was the only two -- 23 MS . SPEARS : And would you be 24 directing the traffic out on Route 34 ? Is that Depo Court Reporting Service ( 630 ) 983-0030 15 1 where -- 2 MR . McCUE : Everything would be 3 coming out -- I mean, this is the main way -- 4 this is really the only way in and out . 5 It ' s just if something happened 6 here where this road got closed or something, you 7 know, until that road got repaired, or there was 8 a major accident , we would have traffic come 9 through here . I ' m not even sure what this 10 building is . I1 MR . GRAFF : That ' s the animal 12 shelter . 13 MR . McCUE : Animal shelter . It ' s 14 just really for emergency access if there was 15 some reason, a major accident or something that 16 blocked this , that closed that down I would think 17 for only hours . 18 MS . SPEARS : Okay . And how many 19 homes are you proposing? 20 MR . McCUE : 132 . 21 MS . SPEARS : 132 . Okay . Thank you . 22 MAYOR PROCHASKA : Bill , do you 23 know -- The list of variances requested, do you 24 know off the top of your head what some of those Depo Court Reporting Service ( 630 ) 983-0030 16 1 variances are that were requested? 2 MR . McCUE : I do not . 3 MAYOR PROCHASKA : Having a public 4 hearing, it would be nice to let people know what 5 those are . Do we have a list? 6 MR . GRAFF : No . We are working 7 through the preliminary plans now . The basic 8 discussions have been in regards to the R-4 . 9 The R-4 is normally an attached 10 housing unit , but our ordinance allows us to do a 11 detached, which is basically on a smaller lot , 12 and they are permitted a certain type of, you 13 know, front yard, side yard, rear yard variances 14 they will be asking for to be able to fit the 15 utilities , to be able to work through the 16 engineering plans . 17 I know that ' s been some of the 18 discussion with the Building Department in 19 regards to the setbacks and variances in the R-4 . 20 I believe the R-2 is really 21 more of a straight R-2 . I haven ' t heard any 22 variances or any discussions on the R-2 . 23 MR . McCUE : As far the R-4 , the one 24 thing we are doing is we are keeping the setbacks Depo Court Reporting Service ( 630 ) 983-0030 17 1 at 30 foot, which is what we do for our single -- 2 the single-family lots of 12 , 000 . 3 Most townhome units typically 4 have setbacks at 20 foot, which they ' re just 5 trying to get more units on there , but I want to 6 keep it at 30 foot because it looks nicer, the 7 cars are further back from the road and 8 everything, so it will tie in with the 9 subdivision . 10 At the first Planning 11 Commission someone brought up that , you know, 12 they would rather see townhomes here . You know, 13 we are doing some ranch townhomes right now in 14 Prairie Gardens , but we are very comfortable 15 building custom homes , and with these homes , we 16 can build anything that will fit on this pad, 17 but , you know, these homes will run in the 400 18 range, and to have townhomes next to them I don ' t 19 feel ties into it very well . Having ranches in 20 the 275 to 375 range I think is a nice fit . 21 And so our setbacks -- Grande 22 Reserve, you guys approved an age-targeted 23 subdivision there , and their setbacks on the side 24 is seven and a half feet , and that ' s what we are Depo Court Reporting Service ( 630 ) 983-0030 18 1 proposing for the side setbacks . 2 We have a 30 foot in back -- 3 I ' m sorry, I believe a 25 foot . 4 MR . GRAFF : 25 , right . 5 MR . McCUE : But I think it ' s 6 important to have that 30-foot setback in front . 7 MAYOR PROCHASKA : I notice in the 8 single-family it looks like you are asking for 9 30-foot rear yard setbacks , too, in the R-2 . 10 That would be a variance . 11 MR . GRAFF : Oh, yeah, from 40 . 12 MAYOR PROCHASKA : Normally that 13 would be 40 . Is there a reason? 14 MR . McCUE : No . That might be just 15 something that we had misprinted . 40 foot is 16 fine . 17 MAYOR PROCHASKA : Then the other 18 question that I think I brought up was your 19 trail . You are looking at a trail in the green 20 area . 21 MR . McCUE : Yes . 22 MAYOR PROCHASKA : Have you had any 23 discussion with the school district at all about 24 somehow getting -- Because you do actually touch Depo Court Reporting Service ( 630 ) 983-0030 19 1 the school district property at that little 2 finger there , and there was some discussion about 3 whether a road would actually ever be built 4 because of the dynamics of the creek there , but 5 the thought was that maybe there could be a 6 walkway that would cross the creek and go to the 7 school district so you would have ability for 8 people to walk either to the school district or 9 also , with this being age targeted, that would 10 also look at maybe having some kind of walkway 11 over to the Beecher area . 12 Have there been any discussions 13 at all? 14 MR . McCUE : Well , we I believe tried 15 to get ahold of the Forest Preserve late in the 16 week, but , again, Laura Brown I think had 17 mentioned something that they were looking to try 18 to get some property down here . Is that correct? 19 So with this -- like I say, I 20 call it a gully . It drops 40 to 50 feet in here . 21 That ' s one place we were looking at maybe doing 22 some kind of bridge across there . 23 But no, we have not looked at 24 doing anything, you know, across there . I know Depo Court Reporting Service ( 630 ) 983-0030 20 1 we are having a traffic study done on that right 2 now as far as the bridge . 3 MAYOR PROCHASKA : Thank you . Yes , 4 ma ' am. 5 MS . SPEARS : Did anybody speak with 6 you about burying your utility lines? 7 MR . McCUE : The electrical and -- 8 MS . SPEARS : Right . 9 MR . McCUE : I believe that ' s pretty 10 common, which we would be doing . 11 MS . SPEARS : Okay . 12 MR . GRAFF : Residential in our 13 ordinance , they all get buried . 14 MAYOR PROCHASKA : Within a 15 subdivision . 16 MR . GRAFF : Within a subdivision . 17 MR . McCUE : The only thing we may 18 look at back in here where the trees are , we may 19 allow them to put it in the front, but I know in 20 the previous subdivisions we have built , we have 21 taken a lot of trees down, and I don ' t know why 22 we couldn ' t, and it ' s really in these few lots in 23 here and maybe a few lots here . 24 MAYOR PROCHASKA : Actually we have Depo Court Reporting Service ( 630 ) 983-0030 21 1 that in the subdivisions , where in order to save 2 some of the trees , they put the utilities out 3 towards the front . 4 This property -- Like if you 5 are looking at burying the existing, I don ' t 6 think there are any existing lines there -- 7 MR . GRAFF : No . 8 MAYOR PROCHASKA : -- because this is 9 the back . It ' s like the farm. Anyone else? 10 (No Response ) 11 MAYOR PROCHASKA : Thank you very 12 much . With that , I would entertain a motion to 13 close the public hearing . 14 MS . SURD : So moved . 15 MS . SPEARS : Second . 16 MAYOR PROCHASKA : Moved and 17 seconded . May I have roll call , please? 18 MS . MILSCHEWSKI : Burd . 19 MS . BURD : Aye . 20 MS . MILSCHEWSKI : James . 21 MR . JAMES : Aye . 22 MS . MILSCHEWSKI : Leslie . 23 MR . LESLIE : Aye . 24 MS . MILSCHEWSKI : Ohare . Depo Court Reporting Service ( 630 ) 983-0030 22 1 MS . OHARE : Aye . 2 MS . MILSCHEWSKI : Spears . 3 MS . SPEARS : Aye . 4 MS . MILSCHEWSKI : Wolfer . 5 MR . WOLFER : Aye . 6 MS . MILSCHEWSKI : Besco . 7 MR . BESCO : Aye . 8 MAYOR PROCHASKA : Motion is carried . 9 (Which were all the 10 proceedings had in the 11 public hearing portion 12 of the aforementioned 13 meeting . ) 14 ---000--- 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 23 I STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH , being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15my hand this eLfi day of 16 att_gZtOZ— , 2005 . 17 18 19 20 dliVartaL CHRISTINE M . VITOSH, 21 CSR License No . 084 -002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 • Yorkville City Council Multi-Page 1"` $2,000 -follows June 14, 2005 76[1] 5:7 Aye[141 3:23 4:1,3,5,7,9 CHRISTINE[31 1:8 13:10 18:23 19:1,7,8 -$- 7:00[1] 1:9 4:11 21:19,21,23 22:1,3,5 23:4,20 document[11 11:7 $2,000[2] 6:5,12 22:7 Circle[2] 5:15 7:19 done[2] 10:5 20:1 $500,000[1] 5:18 -8- City[13] 1:1,2,10 2:10,11 dormant[3] 12:3,14 13:3 -B- 2:12,18 3:8,9 4:17 8:1 down[10] 8:6,18,24 10:2 -&- 800[1] 1:9 80[31 10:4,7,7 baby[11 7:5 9:10 13:2 10:6,24 14:5 15:16 19:18 Clerk[11 2:12 &[1] 2:16 back-to-back[11 10:11 close[11 21:13 20:21 -9- back-up[1] 13:7 downsizing[11 7:7 basic[1] 16:7 closed[2] 15:6,16 drawing[2] 5:2 8:3 -0- 99[1] 14:8 bay[11 7:1 collect[1] 13:1 drawn[2] 9:1,5 084-002883[11 23:21 - Bear[1] 13:6 collecting[11 12:15 dress[1] 6:13 _A Beecher[11 19:11 comfortable[11 17:14 drops[1] 19:20 -1- A-1 [1] 3:9 behalf[1] 2:18 coming[11 15:3 duly[1] 23:4 10701 [1] 3:16 ability[11 19:7 below[21 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association[5] 3:5 6:3 certain[11 16:12 12:19,19 60563[1] 2:17 12:3,10,23 Certified[1] 23:5 directing[11 14:24 first[4] 5:23 8:22 17:10 630[1] 2:17 attached[z1 11:11 16:9 change[2] 8:9,11 discussion[5] 3:4 14:9 23:4 66[1] 10:8 attorney[11 9:5 changed[2] 8:3,7 16:18 18:23 19:2 fit[31 16:14 17:16,20 audience[11 9:19 changing[3] 14:13,15 discussions[3] 16:8,22 five[1] 5:22 _7- Avenue[11 2:16 14:16 19:12 floor[11 5:23 70[11 5:11 average[1] 5:5 Chinese[1] 4:22 district[8] 3:5,11,12 follows[11 4:17 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-PageTm foot- Reporter June 14, 2005 foot[17] 5:4,5,9 7:15 8:13 5:19,20 6:2,12 8:9,10,10 need[1] 10:5 plans[4] 5:10,22 16:7,16 8:14,16 10:7,7,11 14:13 -I- 8:16,24 14:14 17:2 20:22 needs[1] 13:18 Pledge[1] 3:1 17:1,4,6 18:2,3,15 20:23 [1] 8:3 pointed[1] 13:14 footage[1] 7:14 Illinois[8] 1:2,10 2:17 new foregoing[2] 23:9,10 3:17 12:1,8 23:1,7 -M- next[1] 17:18 Polish[1] 3:6 important[1] 18:6 nice[5] 7:6,8,13 16:4 ponds[2] 8:17 10:16 Forest[1] 19:15 Inc[1] 3:4 M[3] 1:8 23:4,20 17:20 portion[1] 22:11 form[2] 11:24 12:7 included[1] 13:10 ma'am[1] 20:4 nicer[1] 17:6 POWELL[1] 2:11 front[6] 6:10 7:17 16:13 Ingemunson[1] 9:5 main[1] 15:3 none[1] 9:22 Prairie[1] 17:14 18:6 20:19 21:3 maintain[1] 6:3 normally[2] 16:9 18:12 fronts[1] 7:8 intend[1] 7:9 preliminary[1] 16:7 major[2] 15:8,15 not-for-profit[2] 12:1 presentation[1] 4:14 fully[3, 6:2,12 8:20 -J- masters[1] 5:23 12:8 Preserve[1] 19:15 matter[1] 1:7 notes[1] 23:11 re 3 JACQUELYN[1] 2:12 pretty[ ] 9:2,3 20:9 -G- Q may[4] 3:21 20:17,18 notice[1] 18:7 previous[3] 6:15 7:22 gables[1] 7:1 jail[1] 4:21 p 21:17 now[101 5:2 8:24 9:2 10:2 20:20 Game[1] 1:9 James[5] 2:5 4:2,3 21:20 Mayor[29] 2:2 3:2,20 10:3,6 14:21 16:7 17:13 Y price[3] 5:16,23 7:20 21:21 4:12 6:18 9:18,22 10:10 20:2 Gardens[1] 17:14 JASON[1] 2:3 10:14 11:5,8,13,16 12:5 Number[2] 13:4,5 proceedings[4] 1:6 General[1] 3:11 Joe[2] 8:4 14:16 13:13,17 15:22 16:3 18:7 22:10 23:9,13 goes[4] 9:15 10:23 11:3 PROCHASKA[29] 2:2 JOHN[1] 2:18 18:12,17,22 20:3,14,24 _O_ 12:23 21:8,11,16 22:8 3:2,20 4:12 6:18 9:18,22 JOSEPH[1] 2:6 10:10,14 11:5,8,13,16 good[2] 9:3 13:23 McCue[35] 3:4 4:16,18 oath[1] 23:5 GRAFF[9] 2:10 13:5 June[1] 1:8 4:18,19 5:10,19 6:20 10:3 off[1] 15:24 12:5 13:13,17 15:22 16:3 15:11 16:6 18:4,11 20:12 JUSTIN[I] 2:18 10:13,17,20 11:19,21 12:918:7,12,17,22 20:3,14,24 offering[1] 5:21 21:8,11,16 22:8 20:16 21:7 12:12,16,21 13:21,24 14:5 Ohare[8] 2:8 3:19 4:6,7 Grande[2] 12:17 17:21 -K- 14:8,11 15:2,13,20 16:2 Professional[1] 23:6 10:1 13:4 21:24 22:1 16:23 18:5,14,21 19:14 project[2] 7:10,12 granite[1] 7:7 keep[1] 17:6 20:7,9,17 One[s] 7:22 8:10 9:4 11:1 property[ 9] 3:15 4:23 gravel[1] 9:12 keeping[3] 5:12,20mean[2] 13:17 15:3 12:22 14:9 16:23 19:21 8:6,19 9:14 10:22 19:1,18 green[2] 10:16 18:19 16:24 meet[1] 9:10 One-Family[1] 3:11 21:4 Gregg[1] 9:5 Kendall[3] 3:9,17 6:7 meeting[s] 1:1,6 6:17 ones[1] 10:8 proposing[2] 15:19 18:1 guess[2] 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months[1] 7:4 Page[3] 11:9,22 13:19 8:10 16:8,9,19,23 HEITZ[1] 2:16 10:18 21:22,23 Most[1] 17:3 paid[1] 13:2 ranch[3] 5:22 6:23 17:13 hereunto[1] 23:14 letter[4] 9:1,4,7,9 motion[4] 3:3 4:12 21:12 paragraph[1] 11:23 ranches[2] 7:13 17:19 License[1] 23:21 22:8 P range 6 home[1] 6:9 ark[z] 8:20 11:2 g [ ] 5:16,23 7:14,20 homeowner's[3] 6:3 line[1] 10:21 moved[4] 3:18,20 21:14 p [1] 14:12 17:18,20 21:16 rather[1] 17:12 12:10,11 lines[z] 20:6 21:6 MS[54] 2:7,8,9,12 3:19 pass[1] 6:16 ready[1] 4:13 homeowners[1] 14:20 lining[1] 8:2 3:22,24 4:1,2,4,6,7,8,9,10 PAUL[1] 2:5 homeowners-ese[1] list[2] 15:23 16:5 10:1 11:6,9,15,18,20,22 people[3] 12:24 16:4 real[1] 3:15 12:6 LLC[1] 3:5 12:7,11,13,18,22 13:4,6,9 19:8 really[II] 5:24 6:13 11:4 homes[12] 5:17,24 6:7,8 local[1] 5:11 13:15,19,22 14:1,6,10,23 percent[2] 5:11 14:8 14:17 15:4,14 16:20 20:22 6:14,23 7:17,20 15:19 15:18,21 20:5,8,11 21:14 rear[2] 16:13 18:9 17:15,15,17 located[1] 8:20 21:15,]8,19,20,22,2422:1 permitted[I] 16:12 longer[1] 12:24 22:2,3,4,6 petitioner[2] 3:14 4:13 reason[z] 15:15 18:13 hour[1] 1:9 regards[z] 16:8,19 hours[1] 15:17 look[2] 19:10 20:18 petitioners[1] 3:7 Registered[1] 23:6 looked[1] 19:23 -N- place[1] 19:21 house[1] 6:6 looking[6] 7:6,8 18:19 plan[4] 5:12 6:18,22 14:2 repaired[1] 15:7 houses[1] 5:15 N[2] 2:1,15 REPORT[1] 1:6 19:17,21 21:5 planned[2] 3:10,13 housing[1] 16:10 Naperville[1] 2:17 reported[1] 23:8 looks[2] 17:6 18:8 National[1] 3:6 Planning[4] 7:23 8:8,23 Reporter[z] 23:6,7 lots[20] 5:2,3,4,7,8,9,11 17:10 P Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page`''` request- Youth June 14, 2005 request[1] 3:7 sod[1] 6:10 townhome[1] 17:3 Within[2] 20:14,16 requested[3] i'i:11 ; Sodded[2] 6:2,12 townhomes[3] 17:12 WITNESS[1] 23:14 15:23 16:1 • sold[1] 9:13 17:13,18 Wolfer[6] 2:4 3:18 4:10 requesting[1] 11:T7'` someone[1] 17:11 Township[1] 3:17 4:11 22:4,5 Reserve[if 12:17 17:22 sorry[1] 18:3 traffic[4] 10:5 14:24 wooded[1] 11:4 Residence[2] 3:11,12 south[2] 4:20 8:6 15:8 20:1 Woods[2] 3:5 4:19 Residential[1] 20:12 space[1] 10:16 trail[4] 10:1 11:3 18:19 WYETH[3] 2:16,18 response[z1 9:21 21:10 18:19 13:7 P speak[1] 20:5 transcript[1] 23:11 Wywrot[2] 8:4 14:16 rest[1] 5:12 speaking[1] 11:23 Treasurer[1] 2:11 retention[11 10:15 Spears[31] 2:9 4:8,9 11:6 tree[11 10:21 _y_ rezone[1] 3:8 11:9,15,18,20,22 12:7,11 right[16] 4:21,21,23 5:2 12:13,18,22 13:6,9,15,19 treesyard[4] 16:13,13,13 18:9 5:3 9:2,8 10:3,6,20,22 13:22 14:1,6,10,23 15:18 tri [3] 20:18,21 21:2 ed[1] 19:14 yards[2] 6:4,11 11:15 17:13 18:4 20:1,8 12:25:21 5:2 320:5,8,11 21:15 true[1] 23:10 yellow[1] 5:3 River[11 3:16 special[11 13:3 try[11 19:17 Yorkville[s] 1:2,10 2:19 road[s] 1:9 3:16 9:12 trying[2] 11:2 17:5 3:8,10 10:12 15:6,7 17:7 19:3 square[9] 5:4,5,9 7:14 two[6] 8:1,17 10:15 12:18 youth[11 3:5 roll[2] 3:21 21:17 7:15 8:13,14,16 14:13 12:19 14:22 SS[1] 23:1 ROSE[1] 2:9type[11 16:12 Route[3] 4:22 9:15 14:24 SSA[s] 12:3,14,15,16,22 types[1] 12:20 run[2] 8:6 17:17 standard[11 10:8 typically[2] 6:10 17:3 running[1] 8:18 start[1] 5:24 State[2] 23:1,7 -U- -S- States[1] 3:7 stay[1] 10:6 unit[3] 3:10,13 16:10 S[2] 2:1,15 still[1] 7:7 United[5] 1:2 2:18 3:6,8 save[1] 21:1 straight[2] 8:6 16:21 3:9 says[2] 12:7 23:5 street[11 14:16 units[2] 17:3,5 School[4] 18:23 19:1,7,8 Stud 10:5 20:1 up[111 5:17,24 6:14 8:2 Second[2] 3:19 21:15 y[zl 9:2,3,5 10:7 11:2 17:11 subdivision[s] 11:24 18:18 seconded[2] 3:21 21:17 17:9,23 20:15,16 upscale[1] 6:23 see[4] 10:5 11:14,23 subdivisions[2] 20:20 utilities[2] 16:15 21:2 17:12 21:1 seed[1] 6:11 Suite[1] 2:16 utility[1] 20:6 selling[2] 5:10 7:20 supposed[1] 11:10 _v_ seminars[1] 7:4 sworn[1] 23:5 send[1] 9:7 VALERIE[1] 2:7 separate[1] 7:18 -T- variance[1] 18:10 service[1] 13:3 variances[5] 15:23 16:1 set[1] 23:14 T[21 2:1 8:5 16:13,19,22 taking[1] 9:13 variation[1] 11:17 setback[1] 18:6 targeted[11 19:9 g variations[21 11:11,20 setbacks[7] 16:19,24 17:4,21,23 18:1,9 ten[1] 5:21 VITOSH[3] 1:8 23:4,20 seven[1] 17:24 terms[1] 12:4 voted[2] 14:4,5 shall[11 11:24 testified[1] 4:17 shelter[2] 15:12,13 testimony[1] 9:20 -w_ Thank[3] 15:21 20:3 shorthand[3] 23:6,8,11 walk[1] 19:8 21:11 show[11 13:8 walking[1] 11:3 thought[2] 14:18 19:5 showing[31 10:3,10,11 three[�1 7:3 walkway[2] 19:6,10 side[31 16:13 17:23 18:1 ,t___ Wanda[2] 2:8 9:24 ough[6] 10:8,22 11:3 signage[11 11:24 15:9 16:7,15 week[1] 19:16 similar[1] 5:15 tie[1] 17:8 wet[31 8:17 10:17,19 single[11 17:1 ties[1] 17:19 WHEREOF[1] 23:14 single-family[2] 17:2 tonight[1] 9:6 whole[1] 8:15 18:8 TONY[11 2:10 wide[1] 9:11 six[2] 5:22 7:4 too[11 18:9 wider[11 10:11 six-foot[1] 8:18 top[11 15:24 width[11 10:2 size[1] 5:5 touch[1] 18:24 WILLIAM[1] 2:11 small[1] 7:13 towards[11 21:3 windows[1] 7:1 smaller[1] 16:11 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 Page 1 of 11 DRAFT] UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Tuesday,June 7, 2005 City Conference Room 7:00 p.m. In Attendance: Cj Art Prochaska—Mayor Harold Martin—Chief of Police Valerie Burd-Alderwoman John Wyeth—City Attorney Paul James-Alderman Bill Dettmer—Building& Zoning Wanda Ohare-Alderwoman Tony Graff—City Administrator Jason Leslie,Alderman Traci Pleckham—City Finance Director Marty Munns—Alderman Lynn Dubajic—Economic Development Joe Besco—Alderman Rose Spears—Alderwoman Dean Wolfer—Alderman Guests Allecia Vermillion—Beacon News Kathy Farren—Kendall County Record Matt Cudney—Del Webb/Pulte Barry Mayworm— Cardinal Homes Richard Scheffrahn—Yorkville Facade Committee Mayor Prochaska called the meeting to order at 7:00pm PUBLIC HEARINGS: None PRESENTATIONS: 1. PC 2005-18 Del Webb/Pulte Homes Concept Plan—Plan Comm. 5/11/05 Matt Cudney of Del Webb and Pulte gave a presentation regarding the Del Webb concept plan. This plan has been presented to the Plan Commission and Park Board. The development at Galena Rd and Rt. 47, consists of 585 acres with 438 acres (1300 homes) in the Del Webb portion, 113 acres in traditional housing and 30 acres in commercial property. He gave an overview of the types of homes in Del Webb developments and said SSA's would be a possibility. Page 2 of 11 Mr. Cudney explained the project's benefits to Yorkville. Since the Del Webb community is designated for ages 55 and over, there are no students, fewer persons per household, fewer roads and utility demands. He added that these residents generally shop close to home to retain tax dollars in the City. Alderwoman Burd asked if Del Webb residents vote against school referendums. Mr. Cudney replied that although the residents may be slightly less in favor of such a referendum, these residents should be not be set apart in such issues and should be included instead. He said the residents should be included in volunteer programs for the schools and involved in the community. Alderwoman Ohare commented on Del Webb's reputation for good landscaping and houses being hidden from view. However, Alderman Besco thought the quality of the homes might be suitable for only 20 years. He added he would not be in favor of an SSA if it were included in the PUD. He preferred the developer to front-fund and Ms. Spears concurred with this view. If the SSA were for the infrastructure, Mayor Prochaska said he would be in favor,but did not wish to have it passed on to the homeowner. Open space will be provided along the walking paths and detention areas. A park site would serve both Del Webb and the traditional housing area and a school site would also be included in the traditional portion. Some of the Council members then expressed their opinions on the development. Many were concerned about the density, small lot sizes and SSA's . On the positive side, Council members felt there was a need to offer this type of housing and that there would be a low impact on the schools. A visit to a Del Webb community was suggested by Alderman Wolfer. It was noted that the age restriction would not be a problem if it were included in the PUD. Lot sizes and density in the Shorewood community in comparison to the Yorkville site were reviewed by Mr. Cudney. Mr. Besco suggested that the setback ordinance might have to be changed to accommodate the small lot sizes. The Mayor said it would be helpful to see a general layout of homes and green space. Mr. Cudney's presentation concluded at 7:48pm. (moved forward in agenda to Economic Development, item#2) ECONOMIC DEVELOPMENT 2. Draft of the Appearance Code—EDC 5/19/05 Alderwoman Burd gave an overview of the Appearance Committee. She named the committee members, some of whom attended this meeting: Bill Dettmer, Barry Mayworm, Lane Neubauer and Richard Scheffrahn. Page 3 of 11 Mr. Mayworm of Cardinal Homes thanked the Council for allowing input from citizens and builders. He said he concentrated his input on homes and other residential structures. Chairman of the committee, Richard Scheffrahn, said the committee attempted to revise the wording of the ordinance to make it more clear, yet allow flexibility. Ms. Burd commented that the main focus was to allow leeway regarding facade material. Lane Neubauer of Lennar Chicago said he focused on the monotony code and layout of the streets. Concern for pre-existing buildings was expressed by Alderman Leslie. There was further discussion and questions regarding this ordinance. This draft will move forward to City Council on June 14th under EDC. Mr. Dettmer also requested that the City send a letter to each committee participant to thank them for their time and commitment. DETAIL BOARD REPORT BILL LIST): The specific items below were discussed with the answer shown in italics: Page 4: Chicago Tribune loan program notice. A notice in this paper was part of the requirements of this program regarding the EPA. Page 9: Streets-Grande Reserve. Money coming into the budget from the developer. Page 11: Bristol Bay-setting up info for wetlands, some of fees are recapturable. Page 13: IML- 2001 claim that had not been settled. Now settled in amount of approximately $10,000 Page 12: Nextel phones: New phone for new hires and some for replacements. The bill list will move forward to City Council for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: Only two of the eight items on this list were discussed as follows: 7. Fox Industrial Park Project—MFT Appropriation Resolution —PW 5/23/05 The expenses in this case were more than the amount from the MFT. Consequently a resolution was needed for the difference in the money that was required. 8. Building Permit Reports for February,March and April 2005—EDC 5/19/05 Alderwoman Spears requested more timely reports especially since new software is being used now. She also questioned what was covered under"Miscellaneous". This could include fences, decks etc. This will move to the consent agenda for City Council. Page 4 of 11 MAYOR: 1. Recommendation of Re Appointment of City Attorney, City Engineer,Director of Public Works, Chief of Police and Building Code Official Mayor Prochaska stated that he and the City Attorney both felt it would be wise to proceed with the re-appointments until the ordinance is revised. The Attorney added that this matter had been discussed at Administration the week before and a recommendation had been made for the re-appointments. Mr. Wyeth said that two positions not listed on this agenda were the Administrator and Library Director. Neither of these are appointees by the Mayor or City Council according to the Attorney. The Administrator position is contractual and is not covered under ordinance. Alderman James summarized the two actions suggested at Administration: 1)move forward with the re-appointments and 2)revise the ordinances pertaining to these matters. It was stated by Ms. Burd that the contract for the Administrator runs through the Mayor's term. She added that the Council has recourse if they are not comfortable with the Administrator. Ms. Burd said that the City Attorney was appointed as interim and she asked for information on the resume', the terms of the contract and the$9,500 annual stipend. The code specifies this yearly fee. The Mayor added that Mr. Wyeth was the back- up attorney to Mr. Kramer and there was no contract,but rather"terms". This matter will be reviewed by Administration members. Ms. Burd said this should all be in writing. Mr. Wyeth will draft a letter of the"terms"in place when Attorney Kramer was the City Attorney. Mayor Prochaska recommended moving forward with the appointments at the next City Council meeting. It was asked if there was a State Statute covering a time frame for these appointments and if there was a liability to not move forward with them. The Mayor asked each committee member their opinion on the appointments. Mr. Wolfer, Mr. James, Ms. Ohare and Administrator Graff concurred with the Mayor in moving forward. Alderwoman Spears said she was not comfortable with going forward. Ms. Burd wished to go ahead with appointments,but had questions for the City Attorney. This item moves to the City Council agenda for consideration. CITY ATTORNEY 1. Institutional Control Ordinance for Groundwater Protection—XPAC The issue concerns property at the corner of Rt. 47 and Cannonball Trail currently occupied by XPAC. They have been working with the EPA and now seek a City Page 5 of 11 Ordinance to prohibit the groundwater as potable water. They would eventually connect to the City water supply. Alderman Besco asked if there was any threat to the City water and it was stated that there is not a danger. This item moves to the consent agenda. 2. Countryside Interceptor Sanitary Sewer Easement A sewer agreement will allow an extension of the sewer, east to the Hamman property for the Pulte development at the present Hinsdale Nursery. This extension follows an easement request by Mr. Hamman to assist him in selling his property. Eventually the City will own the easement. Verbage will also be included in the agreement to provide for construction and restoration. This matter moves forward to the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE 1. Kendall County EDC Tax Abatement Program —EDC 2/17/05 Alderman Munns stated that EDC Director Lynn Dubajic was asked to find ways to attract more industry,business and jobs. Ms. Dubajic said that the County had approved a program to abate taxes for industry and targeted industries. She cited the Lincoln Prairie Project as an example of an area where this abatement could be offered. She said the projects are scored on many different areas in order to qualify. A minimum investment of$1.5 million is required from the business. The abatements are 3, 4 or 5 years with graduated abatement percentages. She did a study of surrounding counties for the program success rate and provided spreadsheets of Will and Grundy counties showing results of abatement programs. Ms. Dubajic added that the City's share of the real estate tax bill in such a project is about 9%. The school district would receive the largest portion. The County is willing to take the lead in this program and host a meeting of the taxing bodies to answer questions. Alderman Munns said that it must be noted that most of the towns on the survey were located along I-80,however,he added that Yorkville is close enough to reap some benefits. The Mayor asked the committee members if they approved of this program. All agreed they were comfortable with the program. Alderwoman Spears suggested that the City could formulate their own criteria/score sheet for this program and the Mayor suggested it be reviewed by EDC. Trade show participation will be enhanced with this program availability as well. Page 6 of 11 Ms. Burd commented that such incentives send a good message to businesses and will create more jobs. However, it was questioned by Alderman James what existing businesses might receive. They are eligible for this program, according to Ms. Dubajic, if a business wished to expand. Ms. Spears read a brief statement of support from former Alderman Rich Sticka. Ms. Dubajic was also complimented on her efforts in this matter. In conclusion, the Mayor asked EDC to revise the criteria list and suggested the ordinance approval be postponed until the list is finished. 3. Aspen Ridge Estates Preliminary Plan —EDC 5/19/05 David Meek, Attorney for Aspen Ridge(at Fox &Pavillion), said this plan has already been presented to the Plan Commission where the plan was given a favorable recommendation. Mr. Meek said 218 units are slated for this site,with no requested variations and it is not a PUD. There may be some engineering considerations to be addressed and he said they might consider some monetary contributions. He said there is consistency in zoning, however, slightly increased density at 1.72 units per acre. Mr. Meek added that design elements will hopefully justify this density. In addition, they have provided money for infrastructure improvements and a traffic study. Many other enhancements will be provided, one of which is a trail that will be part of the main trail system. The Mayor then corrected Mr. Meek by saying the development does meet the density requirements, however, it approaches the maximum allowable. Alderwoman Spears asked for an explanation of the"dormant SSA". In this situation, no special taxes are imposed unless the homeowners' association fails. This matter will return to C.O.W., mostly likely late July, when the plan is consistent with the agreement. PUBLIC WORKS COMMITTEE: 1. Policy for City Engineer Authorization to Sign IDOT Highway Permits—PW 5/23/05 Attorney stated the IDOT is now requiring a signature on permits and Mr. Wywrot is asking for authorization. Formerly the landowner would sign these permits. A signature would be given only after a bond or letter of credit were received. Alderwoman Burd asked if a written policy was needed. No policy is needed, however, the City would pass a resolution in each case. Page 7 of 11 The consensus of the committee was to grant this authorization to Mr. Wywrot. 2. Rob Roy Creek Interceptor Contract#1— Change order#3—PW 5/23/05 Black dirt had to be trucked in to cover the pipe, thus the increased cost of the contract. Alderwoman Ohare asked why this was not built into the cost since there was no black dirt available at the site. Mr. Graff stated that many times this would not be known until the work was underway. A time element was also involved. This moves to City Council consent agenda. 3. Rob Roy Creek Interceptor Contract#2— Change Order#1—PW 5/23/05 This involved 1200 feet of field tile needed to obtain the correct pitch and proper water flow. This amount was $27,076 and will come from the Rob Roy Creek Improvement Fund. This item goes to City Council consent agenda. 4. Sidewalk Replacement Program—PW 5/23/05 This program had been put on hold,however, one resident asked for reimbursement after having replaced his walk. As a result, citizens are now allowed to proceed with replacements. Item moves to consent agenda. 5. 2005 In-Town Drainage Improvement— Change Order#2—PW 5/23/05 A sewer main had to be moved and a J.U.L.I.E. locate had been completed. However, a gas main was in a location not previously identified and later had to be moved. This moves to consent agenda. 6. Route 47 Improvements—Non Participating Items and Other Design Issues— PW 5/23/05 City Engineer Joe Wywrot submitted a list of items that will not be paid for by DOT during the Route 47 improvements including water mains, sewers, sidewalks etc. This list was given as information at this time and Alderwoman Ohare suggested these items should be prioritized. There was a discussion of the slope on Rt. 47 north of Fox Road and about the houses that would be removed from the hill during the road improvements. Administrator Graff said a timeline would be needed when the plan is approved and suggested that this process should begin at next budget time. In addition, Mayor Prochaska suggested working with Public Works and possibly the grant-writer. Page 8 of 11 7. Wetland Design Proposal for Bristol Bay Master Plan Community—PW 5/23/05 Administrator Graff said two items have been discussed in regards to this development: 1) selection of an engineer and 2) funding. B3 Engineering will be doing the wetland design for Centex and Centex agreed to pay for those services as part of the stormwater management in this 1900-acre area. He said the contract should come through the City so that the scope of work can be controlled. A recent project that B3 Engineering completed was the outlet mall wetland area. A possible grant for this project is being researched, however, a plan is needed before a grant would be awarded. This item would be approved subject to receiving funds from Centex. This moves to the consent agenda with the verbage "subject to receiving funds". 8. Southwest Interceptor—Illinois Railnet License Agreement— COW 5/17/05, COW 5/3/05 and PW 4/25/05 Alderman Besco reported a one-time payment would be made to Illinois Railnet to be able to construct a sewer line along Hydraulic Street. This received a positive recommendation from Public Works. Ms. Spears asked about the possibility of getting money from the Sanitary District to assist in the construction. Mr. Graff will ask Mr. Wywrot about this possibility. This item will move to City Council agenda under Public Works. CITY COUNCIL REOUESTS: 1. Draft Ordinance Establishing Committees of the City Council—COW 5/17/05 Prior to the beginning of discussion, Alderwoman Ohare asked that in the future, the person requesting items on the agenda, should be identified on the agenda so that questions can be asked prior to a meeting Alderman Besco handed out a draft of an ordinance regarding City Council committee structures. This ordinance is based on an example from Batavia and suggested that chairmanships be based on seniority. Alderman Leslie commented that seniority does not necessarily make one competent. Another suggestion was to allow committee members to select a chairman and that the Mayor would make the determination in case of a tie. Alderwoman Burd asked the Mayor what criteria he looked at to select chairpersons. He replied that he looked for a person who would work with him, people who can work with the staff, time commitments, expertise in a given area and many other factors. This year he said he asked committee members to put in writing, their time commitments and written priorities. Page 9 of 11 Alderwoman Burd said she thought this ordinance would not allow the Mayor to make decisions arbitrarily or"remove four aldermen from their positions" without any debate. She further stated that she did not know why she was removed from a certain position. Alderwoman Spears commented that she [Ms. Spears] was removed from a position due to a lack of communication with the City Administrator, questioning City expenses and other expenditures. Alderman James summarized these actions and said that when there are conflicts, changes must be made. Ms. Ohare asked why this issue was not brought up before the election and before committees were selected. Alderman Besco replied that he raised this issue since there is no written policy. However, Ms. Burd said she conducted some research after being removed from a committee. She also stated that she had questioned the City Attorney as to whether or not the Mayor had the power to remove committee members. She stated that she found that power rests with the City Council. A second issue in this document provided the ability to bring back to committee, any item that had been killed at the committee level. After a lengthy discussion, the Mayor asked if the committee members would like to bring this matter back. A majority of those present desired to bring this matter back for additional discussion. Mayor Prochaska then commented on this proposal. He said that he feels he makes decisions with the City's best interest in mind. The Mayor said he could agree to Council member making committee recommendations,but would like some rules on selecting chairpersons. And finally,he felt each alderman should have the same vote, not weighted votes as suggested earlier. Input on this suggested ordinance, was requested by Alderman Besco. This will be brought back to C.O.W. 2. Draft Ordinance Authorizing the City Council to Retain Independent Legislative Counsel— COW 5/17/05 Alderwoman Burd asked the Council members to consider hiring a firm qualified in municipal law. She suggested this would be beneficial in areas she felt were weak. Alderman James asked how the use would be controlled and Alderman Leslie said he felt this would undermine the current Attorney's authority. He compared it to having two coaches,two cooks, etc. Alderman Wolfer and James agreed and asked how a situation would be resolved if two different legal opinions were presented. Page l0of11 It was noted that the City does use other counsel, such as a labor attorney, in certain instances or when the City Council deems it necessary. Alderwoman Spears cited issues that she felt were ignored in the past. One of those items cited was submitting Treasurer reports on a timely basis. She said she had raised this issue twice before. Attorney Wyeth was then asked his opinion on this matter. He stated that he serves the people of the City and that he looks to the Mayor on how to proceed. He said he would seek other counsel when necessary and has a municipal attorney available in Naperville for free municipal advice. At the conclusion of this discussion, Mayor Prochaska took an informal poll of Council members if this matter should be brought back to C.O.W. The majority was in favor of returning this item to a future C.O.W. ADDITIONAL BUSINESS: Alderwoman Spears questioned why the Community Development Director Job Description was not on this agenda. It is being discussed in Administration. Alderman Munns stated a resident had taken a group of boys to play baseball at a City park and they were asked to leave by a Park District employee. At that time, the field had been prepared for an upcoming event. He felt the group should have been allowed use of the field. Alderwoman Spears asked if information regarding ponds and pool was to be published in the newsletter prior to summer. It was thought that this had been done. Additional parking spots were marked at Fox Hill,however, Alderwoman Ohare was under the impression that additional spots would be marked in the next block. Administrator Graff will research this question. There was no additional business. Mayor Prochaska then asked for a motion to enter into Executive Session. Joe Besco and Paul James moved and seconded to enter into this Session. The Mayor asked the City Administrator, City Attorney and Minute Taker to be present. Page 11 of 11 At the close of the two Executive Sessions, Paul James and Dean Wolfer moved and seconded to go out of Executive Session. Roll call was taken on this motion and it passed unanimously. The meeting was adjourned at 11:43pm Minutes respectfully submitted by Minute Taker, Marlys Young Page 1of9 plAFT COMMITTEE OF THE WHOLE Tuesday,August 2, 2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska John Wyeth, City Attorney Alderwoman Rose Spears Tony Graff,City of Yorkville Alderman Paul James Harold Martin, Chief of Police Alderwoman Wanda Ohare Randy Scott,resident Alderman Joe Besco Nancy Scott, resident Alderman Dean Wolfer Jerry Engelhardt,resident Alderman Marty Munns Anne Engelhardt,resident Alderwoman Valerie Burd Myrla Randall,resident Kathy Farren, Kendall County Record Mark Gilman,resident Allecia Vermillion,Beacon News John Duggan, Lincoln Prairie Kelly Kramer,Attorney Joe Dougherty, JS Development Chuck Hanigon, Land Vision, Inc. M. Vasandani, Land Vision, Inc. Bob Nelson, Tanglewood Homes Mike Bramluby, Tanglewood Homes Joyce Barrett Jean McBride Sal Rehze, J& S Developing Rich Guerard,Wyndham Development Wayne Konicek Mike Konicek Dave Waden, Land Vision,Inc. Lynn Dubajic,Yorkville EDC Gary Barrett Phil Stupefert, SEC Planning Betty Barrett P.F. Gralh, resident David Peregrin, Ocean Atlantic Paul Burd, Paul Burd Photo Brian R. Watkins, Peaceful Pathways Montessori Sandra Adams Jim Adams,resident Ryan Walter, Cemcon Matt Nelson,Lannert Group Greg Stevens, Lannert Group John Glyman, Glyman Design Andy Fitz, Montalbano Homes Michael May, Cemcon,Ltd. David Schulz, SEC David Knott,Yorkville Farms Dan Harper,Yorkville Farms Jim Olguin,Yorkville Farms Chuck Brooks Julie Doverspike Jeff Lacey Barb Gilmore Craig M. Coffey,resident The meeting was called to order at 7:02 pm by Mayor Art Prochaska. The parking ban issue was moved forward because many residents came to discuss this issue. Public Safety Committee: 3. On Street/Overnight Parking Restrictions - Julie Doverspike, a resident on Powers Ct. made a comment that she lives in a duplex with a single car garage and a small driveway. She has 4 teenagers who work, and each have vehicles besides her own. Page 2 of 9 Paul Burd, a resident on Commercial St. said the parking restrictions discourage small business they work out of their homes, and have nowhere else to park their vehicles. Joyce Barrett, a resident in the Oaks of Fox Hill said thank you for spraying for mosquitoes,thank you for testing the sirens every month, and thank you for addressing the parking issue. The out of town papers must be delivered overnight to have them to the customers first thing in the morning,but papers have not been getting delivered because the people who deliver them are not allowed to get out of their cars, and cannot get to the paper boxes when there are cars parked in front of them. Also she feels when you drive your car home from work, it is giving the company free advertising. Sandra Adams said her home is in a residential area, not a commercial area, and she does not like the commercial vehicles to be parked in the area, especially the ones with trailers with huge equipment on it. She is in favor of the ban of all vehicles from 1 am—6 am; it would help with snow plowing and street cleaning. Jeff Lacey, a resident on Bruell St. said there is a truck that parks across from his driveway which makes it difficult to exit his driveway. Also he is concerned about the small children in the area that could be hurt on the truck and trailer's equipment. He has lived here 11 years and did not know the truck would be parked there when he purchased the house. Barb Gilmore, a resident on Bruell said her truck and trailer is the one in question on Bruell St. The truck has been here 13 years. Parking the truck at the business would be an inconvenience. She would like to park in the driveway,but has been told she cannot. She wants to know if the parking ban should pass would the city compensate her for a necessary move. Would there be a time limit or would she be grandfathered in? Alderman Besco asked her about the plates on her vehicle. The truck has a B plate and the trailer has a D plate. This issue was brought up by previous council members, and still has not been resolved. The council members had been hearing from the citizens who want the ban, not the ones who do not want the ban. There will be a public hearing to get more feedback from the community. The number of people against the ban is a small number of people compared to the number of people who live in Yorkville. Right now commercial vehicles are not allowed in the driveway because of a zoning ordinance and maybe this issue should be looked at. Also the cars are not allowed to be parked over the sidewalk. The parking ban would only apply to curbed roads.Non-curbed roads have a gravel area off the paved roadway where cars can park. The Fox Hill area is a problem because there are not enough places to park. Alderwoman Spears thought if there are too many vehicles for the home, possibly there could be parking on one side of the street. She also is being contacted by people who feel this ordinance does not work with the small business community. Alderwoman Burd's wanted to remind everyone that Yorkville's history is that of a blue collar community. Maybe the new areas of town that want the parking ban could address the issue with no parking in their covenants. It was thought that the original issue was about the larger commercial vehicles. Alderman Besco pointed out that the contouring of the streets such as near the apartments in Countryside do not allow for parking on the street. Public streets are for moving traffic, the residents will not be notified when the city wants to sweep the streets, or when the snow plow has to come through. Also it is a safety issue. Page 3 of 9 If there is no parking allowed,maybe that car is there to break into a house. The Police could see the car does not belong. Alderman Besco suggested a parking sticker for people that would belong parked on the street so the Police would know the car belongs there. Alderwoman Spears pointed out the ban would help snow removal trucks to plow. Also she was concerned about the length of time a service vehicle would be allowed to park on the street outside the residence while rendering a service. Alderman James said streets like Colonial Parkway are narrower roads, and parking on one side works. Each neighborhood would have to be looked at. Alderman Wolfer said one of the issues in other towns is getting a fire truck down the streets when cars are parked on the sides of the roads. Mayor Prochaska said there should be some sort of compromise with some parking allowed, and there could be designated parking spots such as on Colonial Parkway. Permits on a daily basis would be an Administrative nightmare. Alderman Besco suggested one color parking sticker for long term parking, and one color sticker for temporary parking. Alderman James asked what about bootleg stickers? Alderwoman Spears suggested if the city is going to change its restrictions, it should require the new developments to have wider roads. Mayor Prochaska said the new subdivisions are wider,they are at 31 feet. He suggested this go back to Public Safety, and until something is worked out the residents should be courteous and use common sense when parking. Alderwoman Burd suggested something be done to solve the problem on Bruell St. Mayor Prochaska said there are some policy questions that will have to come back. Alderman James pointed out the homeowner said she would like to park the vehicle in the driveway,but there is currently a zoning ordinance preventing her from doing that. Alderman Munns said he sees homes with no one parked in the driveway. He does not believe parking on one side of the street will work, and does not want to see big semis and trailers parked on the street. He also thinks if it is in the subdivision covenants,people are going to violate the covenant. Mayor Prochaska said as an individual homeowner you can take the person violating the covenant to court, but most people are not willing to do that. Mayor Prochaska said places will have to be identified that will work for parking. Alderman Munns suggested there should be a resolution in place before winter. Alderman Besco asked Alderwoman Ohare if there were ordinances from other communities. She said there were some,but she would have to go back through the committee packets for them. Mayor Prochaska suggested the city address the immediate problems for now. Currently nothing larger than a B plate can be parked in the driveway. This will go back to Public Safety on August 11th a. Prohibition on Overnight and Certain Commercial parking—This will go back to Public Safety. b. Fox Hill Park East&West—No parking on specific streets—This will move on to City Council Consent Agenda. Page 4 of 9 Presentations: 1. PC 2005-23 White Pines Concept Plan—This is the Konicek farm property. It is 234 acres between Baseline Rd., Eldamain Rd., and Ash Rd. There are 4 proposed land uses. 20 acres of the property would be zoned commercial. There will be 242 Single Family and 2 types of attached homes. There will be 218 Town homes, 84 Manor homes and a suggested water tower site. There will be detention ponds on both sides of the property. There will be an entrance into the subdivision across from Beecher Rd., one halfway between Beecher and Eldamain Rd., one off Ash Rd., and one off Baseline Rd. The neighborhood will have diversity of product and price and will result in a diversity of people. The design of the development allows for several smaller areas of green space. The minimum lot size for the single family homes is 12,000 square feet. There are also some 13,000 and 15,000 square feet lots. The density is 2.15 units per acre. There will be a trail on the East side of the property with an 8 acre park adjacent to the trail. It was thought that other developments nearby would have a school site. Alderwoman Spears asked about parking around the parks. The pavement will be widened to allow for parallel parking. Alderwoman Spears would like to see a parking lot for the park instead. Mayor Prochaska said that can be addressed in the park design. Bob Nelson said the park indicates an extra striped lane for parking. Alderman James asked what the distance is from Garage to Garage in the Town homes district. He does not feel a 20 foot long driveway is long enough to park 2 vehicles in end to end. Mayor Prochaska wanted to make sure the density of 2.15 was not including the commercial section. It is a residential density of 2.15. Alderwoman Ohare was concerned about the street design. Mayor Prochaska pointed out that on long and straight roads the traffic tends to go faster. Tony Graff asked Alderwoman Ohare if she would like a street scape design in the PUD plans. She said she would just like to see the streets not be so straight. Tony Graff pointed out that the Public Works department does not like cul-de-sacs. Also the power lines should be buried throughout the development. Alderwoman Burd would like to see more pockets of green space throughout the whole subdivision, whereas the Parks Department likes to see it as one larger park. The commercial section will be accessible from inside the development. Alderman Besco thinks it would be nice to have a roundabout with a gazebo in the intersection of the main North-South road and the road that curves. Or it could be a parkway or boulevard with trees in the median. 2. PC 2005-32 York Wood Estates (Anderson Farm) Concept Plan—The Anderson Farm is on Rt. 71 and Highpoint Rd. it is 178 acres with a proposed 193 single family homes on mixed lot sizes. The density is 1.08 units per acre. The 10,000 square foot lots back up onto the open space. There are some 12,000 square foot lots and 59 - '/z acre lots. The entrances will line up with the Chally Farm. There is a 3 acre park adjacent to a wetland area. The trail system will connect to the other trails. The large lots with the trees will try to save as many trees as possible. The utilities will be run in front of the properties to save some of the trees. There will be a road that connects to the county's subdivision. This plan has 47%open space. There was a comment that the 10,000 square foot lots could be made into 12,000 square foot lots and the open space be made slightly smaller. Page 5 of 9 Alderman Besco asked if the developer would be willing to comply with any tree protection ordinance that may be put in place between now and when construction begins. He would like to work with the city on this issue. 3. PC 2005-33 Chally Farm Concept Plan - This plan has had some changes made to it as suggested by the Parks Department and Planning Commission. The 2.6 acre park was relocated to be near a future possible school site. The detention will be dry. There is a trail connection that goes through to the North and the lots were changed to accommodate the changes. Some 12,000 square foot lots were added. There are no variations requested. There are 89 - 12,000 square foot lots, 91 that are a little larger than that, 16— 16,000 square foot lots and 38— 18,000 square foot lots. The density is 1.52. Alderwoman Ohare asked of there are any trees on this parcel, and there are not many. Alderwoman Ohare was concerned with all the parks being locate next to the schools; the people cannot use them during school hours. She would like to see some parks the public can use at all times of the day. There is a 4 acre site with a ring of trees on it with a 1 1/2 acre spot in the middle that can be used for a park site. Alderwoman Burd was concerned that changes were made to the plan before the council was able to see the plan. She feels since the council ultimately makes the decisions that she would like to also see the original plan. Detail Board Report(Bill list): There was a question on page 11 of the bill list about backup generators. Do all the lift stations have a backup generator? Some do and some do not. There was a question about some of the charges under Menard's on page 17 of the bill list. What did the water department need the siding, and paint supplies for? The water department made and painted the emergency sprinkler ban signs. There was a question about who was representing the city for the Rotary Club,page 24 of the bill list. Glory Spies is attending on behalf of the city. There was also a question about the liquor license charges under the police department on page 33 of the bill list. That was for background checks. The Bill list will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. Police Reports for June 2005—There is a new report. A school related man hour report. These will move on to City Council. Mayor: 1. Coffee with the Mayor—August 66 at the Farmers Market,Town Square Park from 9:00— 11:00 am. City Attorney: 1. Right to First Refusal for 20 Acres—Route 34 between Countryside Parkway & Bristol Ridge Road—The city has no obligation to exercise the right,just the opportunity. There is no animosity generated by this, and it will not cost the city any money. If the city does not choose to exercise this right, it must offer the opportunity to the Goodwin's. The right has duration of 2 years. This gives the city no advantage or disadvantage for the future. The owner wishes that it will not be developed as commercial. This could be an opportunity to start a public/private partnership. This will go on to City Council for a Vote. Page 6 of 8 Economic Development Committee: 1. PC 2005-02 Lee Farm—Annex Agreement& Preliminary PUD Plan—This is on the South East corner of Penman Rd., and Ament Rd. which it not yet contiguous. The remainder of the Park obligation will be used to improve the Park. There will be some future road and sewer improvements. Also the trail will be improved. There will be 293 single family lots. This is ready to go to Final Plat. Mayor Prochaska asked about the bounce in the storm water retention pond. He would like to see a provision that the grading and planting of the detention pond will sustain vegetation when the plants are inundated with water. The developer is using TR20 modeling to develop the detention pond. It will have a wetland basin and will have water at all times. The power lines must be buried along the highway. There was a question about whether or not the road improvements for Kendall County were included in this. There should also be a Right to Farm Clause. The changes will be made before the City Council meeting on August 23" 2. PC 2005-28 Woodlands,Inc. -Annex & Zoning of 4.5 acre Commercial Site— This will be tabled until next month. 3. PC 2005-29 YBSD—Annex& Zoning of 20.375 acres Adjacent to Facility— This was recommended to move on to City Council. 4. PC 2005-22 Prestwick of Yorkville—Preliminary Plan—The major changes to this were the changes to the size of the Park based on comments from the Park District. There will be a cross street off Penman Rd., instead of 2 offset intersections. Mayor Prochaska said the offset streets were a problem for traffic control in the future. Tony Graff was not sure he liked a major intersection next to the Park. Alderman Besco suggested a different type of pavement for the crosswalk, whether it was stamped asphalt or paver bricks in the roadway,would slow down the traffic. There was a question if parking would be available for the Park site. There are some off-street parking spots in the Southern area of the Park. The council would like to see the second preliminary plan where the intersection is a 4 way intersection, instead of offset intersections, to go on to City Council for approval. 5. PC 2005-25 Westbury Village POD 6—Final Plat—This POD is located just North of the Town homes on the North West corner of Route 47 and Corneils Rd. One outstanding issue is the grading outfall project from the Town homes that will need to be done. It does not affect the Plat. This substantially meets the Preliminary Plan. This will move on to City Council for consideration. 6. PC 2005-31 Peaceful Pathways Montessori— 1 1/Mile Review- This is on Rt. 71 across from the Forest Preserve. This will move on to City Council Consent Agenda subject to the Annexation Agreement. 7. PC 2005-30 Ocean Atlantic—Rosenwinkel Property—Amendment to Annexation Agreement—This property is on Corneils Rd.West of Beecher Rd. This would be a zoning amendment from M1 to a combination of R2 and R4 with the condition that there would be no apartments. A bubble drawing would be attached to show the maximum density and the conditions that must be met. 60 acres or 47%of the property will be single family homes. 24%of the property would be for Town homes with a maximum count of 286 units. 28%-29% of the property would be open space. Page 7 of 9 There will be 2 single family PODs, one on either side of a 2 'h acre privately owned clubhouse site. There is a 4 acre of park land and 2 acres of wetland. The Town homes would be on the South end of the property closest to the manufacturing. A Public Hearing is scheduled for next week. Alderwoman Spears pointed out that the council has done this same thing for another development already. Alderman James feels comfortable approving the zoning change so long as the maximum density is not exceeded. Alderwoman Burd asked if there had been any interest in the property zoned as manufacturing. The only interest the Rosenwinkels have had was from Enron and from residential developers. Mayor Prochaska said this would be coming through with a PUD agreement before anything other than zoning would be approved. There are 476 units proposed on approximately 128 acres. That puts the density at 3.68. The maximum density allowed by the city is 3.5. This would have to be modified to meet those guidelines. There was a question about whether or not there could be floating zoning on the property of manufacturing or residential. This would have to have a zoning change, and if the owners wanted it to change back, they would have to ask for another zoning change. Kelly Kramer asked that this move on to City Council for a Vote next week. 8. Fox Hill Economic Incentive Agreement—This is a State required excessive deceleration lane that will use a material called BAM. BAM is a mixture of cement and asphalt. This will move on to City Council Consent Agenda. 9. PC 2005-04 Lincoln Prairie Yorkville— Special Use Request—This is a request for an Asphalt Plant between Faxon Rd.,and Comeils Rd. The nearest house is 500 yards away. During the study it was found that 4 times over 4 months there would be a detectable threshold of smell but not a nuisance level of smell. Alderman Wolfer asked if there would possibly be any odor from the trucks carrying the asphalt. There possibly could be. Alderman Munns asked if the amount of traffic would significantly increase. The developer is putting money into the perimeter roads. Alderwoman asked if the homeowners that voiced concern about the smell received a copy of the study. It is not known for sure if they did or did not. Alderwoman Burd wants to be sure not to discourage manufacturing businesses from coming to Yorkville. This will move on to City Council for consideration. 10. Proposal for Cost of doing a Feasibility Study for Downtown Redevelopment TIF District Process—This will cost$40,000 plus reimbursable expenses. This is recommended to move forward using contingency funds to pay for this. This is something that is qualified, not bid. The YAS plan will be taken into consideration for the study to see if the area qualifies for a TIF district. This will move on to City Council Consent Agenda. Park Board: No Report. Public Works Committee: No Report. Page 8 of 9 Public Safety Committee: 1. 2004 Year End Analysis Report—Alderwoman Ohare said this report is very informative and shows the city really is behind the Police Department. There was one correction under crimes against property; the criminal damage for 2003 should be$118,000. This report is accepted. 2. False Alarm Ordinance—There was some discussion about the fees in the ordinance after the third offense. Some Aldermen felt the fees were too light, and others felt the fees were fair. These fees were approximately the middle of the range of what other municipalities charge. This will move on to City Council for consideration. 3. On Street/Overnight Parking Restrictions—This was discussed at the beginning of the meeting. a. Prohibition on Overnight and Certain Commercial Parking—This will go back to Public Safety. b. Fox Hill Park East&West—No Parking on specific streets—This will move on to City Council Consent Agenda. Administration Committee: No Report City Council Requests 1. Eminent Domain Powers—Alderwoman Spears is looking to be proactive in this matter. The first 5 paragraphs should be clarified that it is for private use versus public use. The 5th paragraph should have public right of way added. In paragraph 5 instead of the phrase"...should not be used simply to further private economic development," it could read ".... should not be used simply to further private use by another party." Paragraph 4 without owner's consent should not be providing benefit to another private owner. Paragraphs 2 and 3 can be combined, and paragraphs 6, 7, and 8 can be combined. This resolution can be clarified and have the words condensed. This resolution would only be good as long as this City Council is in place. When new members enter the Council,this would have to be redone. There was a question about public safety issues with an absentee owner or "slumlord". The overall discussion was that Eminent Domain should not be used to take property away from one private owner to give to another private owner. Alderwoman Spears would like this to be published in the paper, or on WSPY. This will come back to the next COW. Human Resource Commission: 1. Salvation Army Golden Diner's Sponsorship Request—A sentence was added to state the funds donated will stay in Kendall County. This will move on to City Council Consent Agenda. Page 9 of 9 Executive Session: A motion was made by Alderman James to go into Executive Session for the purpose of litigation,when action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. The motion was seconded by Alderwoman Ohare. All were in favor with a roll call vote. The meeting was adjourned to executive session at 10:23 pm. Executive session was adjourned at 10:26 pm. There is no formal action to be taken at this time. Additional Business Alderwoman Burd will be out of town until August 17th. Also, she is receiving requests to have the streets cleaned in the downtown area. Alderwoman Spears asked what the status was on the Community Development Director. The request was sent out to the consultant doing the application process. Alderman James invited anyone who wanted to come to the Administration Committee Meeting on Thursday since there will only be 2 Aldermen there. The meeting was adjourned at 10:28 pm. Minutes submitted by Laura Leppert. (c1,..0United City of Yorkville Memo 800 Game Farm Road Esr. 1836 Yorkville, Illinois 60560 'Telephone: hone: 630-553-4350 � c.n . p Fax: 630-553-7575 Date: August 23, 2005 To: Ad Hoc Tech Committee From: Traci Pleckham—Finance Directo CC: Tony Graff—City Administrator Subject: T-1 Line Funding Upon review, I would recommend that the funding for the City Hall T-1 line as follows: • One Time Fee (approximately $2,062.13): o 50% from Administration/Computer Equipment& Software o 50% from Police/Computer Equipment& Software • Monthly Fee $187.15 o 50% from Administration/Telephone o 50% from Police/Telephone c �`,s�o iryo United City of Yorkville Memo '" 800 Game Farm Road ESI: "! A 1836 Yorkville, Illinois 60560 �- Telephone: 630-553-4350 t� 0 Fax: 630-553-7575 Date: 8-22-2005 To: AD Technology Committee From: Ron Robinson CC: Tony Graff, Traci Pleckham Subject: Proposals for the new T1 In the last few weeks I have requested and received proposals from a variety of companies regarding the installations of a new T1 connection into the City of Yorkville's Administration building. The following summarizes the results of each proposal that was received: SBC: Domain Name Hosting IP Address Allocation Proactive Network Monitoring 24x7 On-Site Maintenance 24x7 IP Address Masking Cisco 1841 Router/Firewall DSU/CSU T1 Interface Dedicated T1 to the City of Yorkville $625.00 per Month Illinois Century Network RTC3 Domain Name Hosting IP Address Allocation Proactive Network Monitoring 24x7 Dedicated Ti to the City of Yorkville $187.15 per Month (five year contract term, locked in at the above price) One Time Fee DSU/CSU T1 Interface $575.00 10/100 Router w/2 WAN Ports $687.13 PDQ Link Verbal Quote $600.00 per Month Based on the information received from these three companies I recommend the City of Yorkville proceed with the installation of a new T1 line with Illinois Century Network. The one time fee, totaling $1262.13, will need to include a firewall; the City will own and maintain the firewall. The estimated cost of a firewall is approximately $800.00 which will bring the total of the one time fee to $2062.13. The installation will take 4 to 6 weeks from the order date. Thank you, Ron Robinson r D CSTLOLL ,�1�A .�ti ." )...\ _. i o United City of Yorkville Memo J ` 't' 800 Game Farm RoadP.C,WP(÷ I EST.14 -� ';1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o * 2.,.. Fax: 630-553-7575 <LE0., Date: August 19, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Eminent Domain Resolution Per your request, I have taken the previous draft of the Resolution and amended per the discussion at the August 16th COW meeting. You will find attached both a redlined and clean copy of the Resolution. • DRAFT pfl J C DRAFT—8/17/0 ; —(Deleted:8/12/05 Resolution WHEREAS, the City Council of the United City of Yorkville finds that it is of paramount importance to protect private property from Local, State, and Federal government eminent domain powers to take private property for private use;and WHEREAS,the United States Supreme Court in Kelo v. City of New London held by a 5-4 decision that government may seize the home, small business, or other private property of one owner and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development;and WHEREAS, This Resolution is in response to the above stated controversial ruling by the United States Supreme Court;and WHEREAS,this Resolution is adopted to support prohibiting transfers of private property without the owner's consent, if the transfer is for purposes of private use by another or private economic development rather than public use; and WHEREAS, the City Council is of the opinion that eminent domain powers should be limited to such public projects as water/sewer lines, public parks, public buildings, public right of way, utility development and other similar projects that benefit the public as a whole and that the power of eminent domain should not be used simply to further private use or private economic development;and WHEREAS, it is appropriate for the City Council to take action,consistent under the United States and the State of Illinois Constitution, to support restoring vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of power of eminent domain;and WHEREAS,the protection of homes, small businesses,and other private property I rights against ,unreasonable government seizure and other ,unreasonable government Deleted:unconstitutional interference is a fundamental principle and core commitment of our nation's founders and Deleted:unconstitutional the essence of what they fought for in the defense of their homes and private property; and WHEREAS, Thomas Jefferson famously wrote on April 6, 1816,the protection of such rights is "the first principle of association, 'the guarantee to every one of a free exercise of his industry, and the fruits acquired by it;"'and WHEREAS, it would likewise be appropriate for cities of the State of Illinois to take action to voluntarily limit their own power of eminent domain as it is noted by the Supreme Court "nothing in our opinion precludes any State from further restrictions on DRAFT its exercise of the takings power." Now therefore, we petition the State of Illinois Legislature and its Governor and our Congress to put restrictions in place to restore the vital protections of the Fifth Amendment;and WHEREAS,the City Council supports legislation currently being promulgated in the United States Congress and in the State of Illinois Legislature, that would clarify government's exercise of its power of eminent domain to be limited only for public use, rather than for private use or private economic development, and this standard of protection would apply to all exercises of eminent domain power by the local, and state governments; and WHEREAS, it is appropriate for the City Council of the United City of Yorkville to support Congress, and the State of Illinois Legislature, to take appropriate action, consistent with the Constitution of the United States and the Illinois Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: THAT the City Council of the United City of Yorkville shall limit its use of eminent domain to obtaining private property solely for public purposes and shall not use the power of eminent domain for unreasonable seizure of private property for private use by another or private economic development. FURTHERMORE THAT the City Council of the United City of Yorkville does hereby support and advocate the passage of federal and state legislation to limit government's use of eminent domain for solely public purposes and protect the property of private citizens from}unreasonable seizure by federal,state and local governments. Deleted:unconstitutional Passed by the City Council this day of ,2005. CttcL (2Qp - ( ,A. p(1Resolution WHEREAS, the City Council of the United City of Yorkville finds that it is of paramount importance to protect private property from Local, State, and Federal government eminent domain powers to take private property for private use; and WHEREAS, the United States Supreme Court in Kelo v. City of New London held by a 5-4 decision that government may seize the home, small business, or other private property of one owner and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development; and WHEREAS, This Resolution is in response to the above stated controversial ruling by the United States Supreme Court; and WHEREAS, this Resolution is adopted to support prohibiting transfers of private property without the owner's consent, if the transfer is for purposes of private use by another or private economic development rather than public use; and WHEREAS, the City Council is of the opinion that eminent domain powers should be limited to such public projects as water/sewer lines, public parks, public buildings, public right of way, utility development and other similar projects that benefit the public as a whole and that the power of eminent domain should not be used simply to further private use or private economic development; and WHEREAS, it is appropriate for the City Council to take action, consistent under the United States and the State of Illinois Constitution, to support restoring vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of power of eminent domain; and WHEREAS, the protection of homes, small businesses, and other private property rights against unreasonable government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders and the essence of what they fought for in the defense of their homes and private property; and WHEREAS, Thomas Jefferson famously wrote on April 6, 1816,the protection of such rights is "the first principle of association, 'the guarantee to every one of a free exercise of his industry, and the fruits acquired by it;"'and WHEREAS, it would likewise be appropriate for cities of the State of Illinois to take action to voluntarily limit their own power of eminent domain as it is noted by the Supreme Court "nothing in our opinion precludes any State from further restrictions on its exercise of the takings power." Now therefore, we petition the State of Illinois Legislature and its Governor and our Congress to put restrictions in place to restore the vital protections of the Fifth Amendment; and WHEREAS, the City Council supports legislation currently being promulgated in the United States Congress and in the State of Illinois Legislature, that would clarify government's exercise of its power of eminent domain to be limited only for public use, rather than for private use or private economic development, and this standard of protection would apply to all exercises of eminent domain power by the local, and state governments; and WHEREAS, it is appropriate for the City Council of the United City of Yorkville to support Congress, and the State of Illinois Legislature, to take appropriate action, consistent with the Constitution of the United States and the Illinois Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: THAT the City Council of the United City of Yorkville shall limit its use of eminent domain to obtaining private property solely for public purposes and shall not use the power of eminent domain for unreasonable seizure of private property for private use by another or private economic development. FURTHERMORE THAT the City Council of the United City of Yorkville does hereby support and advocate the passage of federal and state legislation to limit government's use of eminent domain for solely public purposes and protect the property of private citizens from unreasonable seizure by federal, state and local governments. Passed by the City Council this day of , 2005. DRAFT 8/17/05 STATE OF ILLINOIS ) ,f ) SS r ' t l COUNTY OF KENDALL ) ( pec ' Cop ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF CONIFER GROUP, LLC AND MONTALBANO BUILDERS, INC. This Annexation Agreement (hereinafter "agreement"), is made and entered into this day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", the owners of record CONIFER GROUP, LLC, herein referred to as "RECORD OWNER" or "OWNER", and MONTALBANO BUILDERS, INC. herein referred to as "DEVELOPER". WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 155 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence with a special use permit for a Planned Unit Development District; and 1 WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a storm water management system for the PROPERTY that is in conformance with CITY Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statues; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence / Planned Unit Development District as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit"B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and 2 other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY to occur upon the Property being contiguous to the CITY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statues; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of an in accordance with the aforesaid statutes of the State of Illinois, the parities agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the CITY of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 3 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United CITY of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District with a Special Use Permit for a Planned Unit Development District. B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the CITY Council of the UNITED CITY OF YORKVILLE, and from time to time as amended, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. D. Preliminary Plan. The CITY hereby approves the Preliminary Plan dated May 6, 2005, and attached hereto as "Exhibit C", prepared by CemCon. 3. ANNEXATION TO SANITARY DISTRICT A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of 4 Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY'S acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY. 5 4. POTABLE WATER SUPPLY, SANITARY SEWER AND PERIMETER ROAD IMPROVEMENTS A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 4. B. arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. 6 Recognizing the current status of the construction and financing of the Sanitary Sewer to the SUBJECT PROPERTY, the CITY shall permit OWNER and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to (250) dwelling units constructed on the SUBJECT PROPERTY, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNER's and DEVELOPER's sole cost, at such time as sewer becomes available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. C. The CITY represents to OWNER and DEVELOPER that neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and / or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and / or storage facilities that may serve the SUBJECT PROPERTY, provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees. D. The parties acknowledge that the CITY is currently preparing plans for the design and construction of improvements to Ament Road, which abut the SUBJECT PROPERTY. The CITY shall construct the improvements to these roads, which shall 7 include underground crossings where lines and mains for sanitary sewer, water, storm sewer and other utilities may be extended across said roads in the future. A sample cross-section depicting the level of road improvement is attached as Exhibit D. In order to enable the CITY to pay for the cost of such improvements, DEVELOPER shall prepay the Perimeter Road Fee due for the Residential Parcel in the amount of Five Hundred Eighty-Six Thousand Dollars ($586,000.00), being the sum of Two Thousand Dollars ($2,000.00) multiplied by the number of dwelling units contained in the Preliminary PUD Plan. The prepayment shall be paid in increments, with each increment being due and payable within thirty (30) days after each draw request is made under the contract or contracts let by the CITY for the design and construction of the roads, with DEVELOPER's total payment not to exceed $586,000.00. To the extent the Road Improvement cost exceeds $586,000.00, DEVELOPER shall advance such excess costs and shall be reimbursed as follows: 1) To the extent the CITY has collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY the same will be utilized to reimburse DEVELOPER for such excess costs as a condition of development approval and such recovery dollars shall be paid to DEVELOPER prior to plat recordation; and 2) to the extent the CITY has not collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY, the CITY will adopt a recapture ordinance, pursuant to 65 ILCS 5/9-5-1 et seq., for the benefit of the DEVELOPER which shall provide that the excess road costs will be recaptured from the adjacent property owner as a condition of development approval and that such recapture shall be paid to DEVELOPER prior to 8 plat recordation. The CITY shall not withhold permits or approvals for any portion of the SUBJECT PROPERTY if the road improvements are not completed by the CITY. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay all fees as specifically listed on the attached Exhibit "E". 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. Any other term of this agreement or specifically the matters noted in Exhibit "E" to the contrary notwithstanding, no "County Road Fee" shall be applicable to all or part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1000.00) per unit, is in full force and effect among Kendall County and all incorporated municipalities within Kendall County, Illinois, within (12) months after the Effective Date. B. DEVELOPER shall pay all school and park land-cash fees and provide land dedication as required under existing CITY Ordinances at the election of the CITY, as follows: 1. DEVELOPER agrees to dedicate a 10-acre combined Park and School Site at the location as shown on the Preliminary Plan attached hereto and incorporated herein by reference 9 as "Exhibit C". The ten (10) acre site will be divided into a six (6) acre Park Site and a four (4) acre school site, as determined by the CITY. In the event the School / Park Site configuration is not determined at the time of final plat approval, the site will be dedicated to the CITY. 2. PARK CONTRIBUTION — The DEVELOPER'S Park contribution shall consist of 6.00 acres of land (the "Land Contribution") and Three hundred ninety-nine thousand Dollars ($399,000.00) (the 'Cash Donation"). The DEVELOPER shall construct certain park improvements, including the installation of playground equipment and park improvements, subject to the design criteria set forth in writing by the Parks Department and provided to the DEVELOPER no later than six (6) months after the annexation of the subject property by the CITY. The improvements shall be completed within eighteen (18) months from the Annexation of the subject property by the CITY, subject to adverse weather conditions. The sum of Three-hundred ninety-nine thousand dollars ($ 399,000.00) (the "Improvement Funds") of the cash contribution shall be withheld by the DEVELOPER, for purposes of funding construction of such improvements: (a) if the actual cost thereof has exceeded the amount of the Improvement 10 Funds, the CITY / Parks Department shall credit DEVELOPER for the difference at such time as DEVELOPER applies for building permits for the construction of residential dwelling units on the subject property; or (b) if the actual cost thereof is less than the amount of the Improvement Funds, DEVELOPER shall pay the balance to the Parks Department upon the Parks Department's acceptance of the improvements. 3. SCHOOL CONTRIBUTION - The Yorkville Community School District #115 has indicated to DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a 4 acre land donation (as depicted on Exhibit "C") and a cash donation, pursuant to Exhibit"E" . 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. C. In the event that the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties agree that said costs shall be reimbursed by the CITY, or be the subject of a 11 Recapture Agreement, pursuant to 65 ILCS 5/9-5-1 et. seq., and Recapture Ordinance in favor of DEVELOPER before DEVELOPER. D. Upon annexation, police protection; 911 service, and library service will be provided by the CITY. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the CITY, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The CITY Council upon recommendation by the CITY Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development upon the mutual agreement of the CITY and DEVELOPER. 12 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. The public improvements constructed of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the CITY Engineer shall make his recommendation to the CITY Council not later than thirty(30) days from the date of DEVELOPER'S request for approval of any public improvements, subject to force majeure. 8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or CITY Sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of over sizing said lines including costs for deepening said lines and any corresponding engineering fees.. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the CITY Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. 13 In the event any said over sizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the CITY's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) Year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the PROPERTY and its development will 14 be subject to all ordinances, regulations and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation shall apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so- called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at DEVELOPER'S sole cost. 15 Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the CITY's Bulk Regulations, including, but no limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor DEVELOPERs of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions 16 and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "E". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 17 11. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as per applicable City Ordinances. 13. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with DEVELOPER'S or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales 18 trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY STAFF. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right- of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. 19 DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for the development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit for the PROPERTY. A building permit 20 will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated easements and rights-of-way. 15. HOMEOWNER'S ASSOCIATION a. DEVELOPER shall establish a Homeowner's Association for all lot owners. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of the common areas shown on any final plat. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Area and any entryway signs, monuments and landscaping and detention ponds. b. In order to provide for the maintenance of the Subdivision signage, common areas and open space and private pedestrian paths, as shown on the approved Preliminary Plan, attached as Exhibit "C", in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 21 16. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the DEVELOPER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the 22 DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The CITY hereby grants any necessary variances to the CITY subdivision and/or improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plat. The CITY agrees to allow up to six feet (6') of bounce in any storm water management facility. 17. MASS GRADING. Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but only after review and approval of the final engineering grading plan for the PROPERTY. DEVELOPER shall submit an erosion / sediment control plan for review and approval, and shall comply with all CITY and Illinois EPA requirements. DEVELOPER agrees to post any necessary bond for said work with the CITY prior to commencement of operations. 18. BINDING EFFECT AND TERM This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 23 19. NOTICES AND REMEDIES Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and /or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail / return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: John Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 DEVELOPER'S ATTORNEY: Michael McGurn General Counsel Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 24 RECORD OWNERS: Conifer Group, LLC 20. AGREEMENT TO PREVAIL OVER ORDINANCES In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements 25 contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, 26 portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the 27 terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreement, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. O. Right to Farm Language. The OWNER and/or DEVELOPER of the SUBJECT PROPERTY acknowledge that Kendall County has a long, rich tradition in 28 agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise or unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 29 22. USE OF PROPERTY FOR FARMING/ZONING Any portion of the PROPERTY, which is not conveyed or under development as provided herein,may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: Mayor Attest: CITY Clerk RECORD OWNERS: DEVELOPER: By: Attest: 30 LIST OF EXHIBITS EXHIBIT"A": Legal Description of SUBJECT PROPERTY EXHIBIT "B": Plat of Annexation EXHIBIT"C": Preliminary PUD Plan EXHIBIT"D": Sample Perimeter Road Cross-Section EXHIBIT "E": Fee Schedule 31 DRAFT 8/17/05 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) C4kat ()opj ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF CONIFER GROUP,LLC AND MONTALBANO BUILDERS,INC. This Annexation Agreement (hereinafter "agreement"), is made and entered into this day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", the owners of record CONIFER GROUP, LLC, herein referred to as "RECORD OWNER" or "OWNER", and MONTALBANO BUILDERS, INC. herein referred to as "DEVELOPER". WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 155 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence with a special use permit for a Planned Unit Development District; and 1 WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a storm water management system for the PROPERTY that is in conformance with CITY Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statues; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence / Planned Unit Development District as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit"B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and 2 other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY to occur upon the Property being contiguous to the CITY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statues; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of an in accordance with the aforesaid statutes of the State of Illinois,the parities agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the CITY of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 3 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United CITY of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District with a Special Use Permit for a Planned Unit Development District. B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the CITY Council of the UNITED CITY OF YORKVILLE, and from time to time as amended, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. D. Preliminary Plan. The CITY hereby approves the Preliminary Plan dated May 6, 2005, and attached hereto as "Exhibit C", prepared by CemCon. 3. ANNEXATION TO SANITARY DISTRICT A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of 4 Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY'S acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY. 5 4. POTABLE WATER SUPPLY, SANITARY SEWER AND PERIMETER ROAD IMPROVEMENTS A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 4. B. arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. 6 Recognizing the current status of the construction and financing of the Sanitary Sewer to the SUBJECT PROPERTY, the CITY shall permit OWNER and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to (250) dwelling units constructed on the SUBJECT PROPERTY, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNER'S and DEVELOPER's sole cost, at such time as sewer becomes available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. C. The CITY represents to OWNER and DEVELOPER that neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and / or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and / or storage facilities that may serve the SUBJECT PROPERTY, provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees. D. The parties acknowledge that the CITY is currently preparing plans for the design and construction of improvements to Ament Road, which abut the SUBJECT PROPERTY. The CITY shall construct the improvements to these roads, which shall 7 include underground crossings where lines and mains for sanitary sewer, water, storm sewer and other utilities may be extended across said roads in the future. A sample cross-section depicting the level of road improvement is attached as Exhibit D. In order to enable the CITY to pay for the cost of such improvements, DEVELOPER shall prepay the Perimeter Road Fee due for the Residential Parcel in the amount of Five Hundred Eighty-Six Thousand Dollars ($586,000.00), being the sum of Two Thousand Dollars ($2,000.00) multiplied by the number of dwelling units contained in the Preliminary PUD Plan. The prepayment shall be paid in increments, with each increment being due and payable within thirty (30) days after each draw request is made under the contract or contracts let by the CITY for the design and construction of the roads, with DEVELOPER's total payment not to exceed $586,000.00. To the extent the Road Improvement cost exceeds $586,000.00, DEVELOPER shall advance such excess costs and shall be reimbursed as follows: 1) To the extent the CITY has collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY the same will be utilized to reimburse DEVELOPER for such excess costs as a condition of development approval and such recovery dollars shall be paid to DEVELOPER prior to plat recordation; and 2) to the extent the CITY has not collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY, the CITY will adopt a recapture ordinance, pursuant to 65 ILCS 5/9-5-1 et seq., for the benefit of the DEVELOPER which shall provide that the excess road costs will be recaptured from the adjacent property owner as a condition of development approval and that such recapture shall be paid to DEVELOPER prior to 8 plat recordation. The CITY shall not withhold permits or approvals for any portion of the SUBJECT PROPERTY if the road improvements are not completed by the CITY. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay all fees as specifically listed on the attached Exhibit "E". 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. Any other term of this agreement or specifically the matters noted in Exhibit "E" to the contrary notwithstanding, no "County Road Fee" shall be applicable to all or part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1000.00) per unit, is in full force and effect among Kendall County and all incorporated municipalities within Kendall County, Illinois, within (12) months after the Effective Date. B. DEVELOPER shall pay all school and park land-cash fees and provide land dedication as required under existing CITY Ordinances at the election of the CITY, as follows: 1. DEVELOPER agrees to dedicate a 10-acre combined Park and School Site at the location as shown on the Preliminary Plan attached hereto and incorporated herein by reference 9 as "Exhibit C". The ten (10) acre site will be divided into a six (6) acre Park Site and a four (4) acre school site, as determined by the CITY. In the event the School / Park Site configuration is not determined at the time of final plat approval, the site will be dedicated to the CITY. 2. PARK CONTRIBUTION — The DEVELOPER'S Park contribution shall consist of 6.00 acres of land (the "Land Contribution") and Three hundred ninety-nine thousand Dollars ($399,000.00) (the 'Cash Donation"). The DEVELOPER shall construct certain park improvements, including the installation of playground equipment and park improvements, subject to the design criteria set forth in writing by the Parks Department and provided to the DEVELOPER no later than six (6) months after the annexation of the subject property by the CITY. The improvements shall be completed within eighteen (18) months from the Annexation of the subject property by the CITY, subject to adverse weather conditions. The sum of Three-hundred ninety-nine thousand dollars ($ 399,000.00) (the "Improvement Funds") of the cash contribution shall be withheld by the DEVELOPER, for purposes of funding construction of such improvements: (a) if the actual cost thereof has exceeded the amount of the Improvement 10 Funds, the CITY / Parks Department shall credit DEVELOPER for the difference at such time as DEVELOPER applies for building permits for the construction of residential dwelling units on the subject property; or (b) if the actual cost thereof is less than the amount of the Improvement Funds, DEVELOPER shall pay the balance to the Parks Department upon the Parks Department's acceptance of the improvements. 3. SCHOOL CONTRIBUTION - The Yorkville Community School District #115 has indicated to DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a 4 acre land donation (as depicted on Exhibit "C") and a cash donation,pursuant to Exhibit"E" . 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. C. In the event that the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties agree that said costs shall be reimbursed by the CITY, or be the subject of a 11 Recapture Agreement, pursuant to 65 ILCS 5/9-5-1 et. seq., and Recapture Ordinance in favor of DEVELOPER before DEVELOPER. D. Upon annexation, police protection; 911 service, and library service will be provided by the CITY. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the CITY, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The CITY Council upon recommendation by the CITY Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent(110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development upon the mutual agreement of the CITY and DEVELOPER. 12 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. The public improvements constructed of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the CITY Engineer shall make his recommendation to the CITY Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements, subject to force majeure. 8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or CITY Sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of over sizing said lines including costs for deepening said lines and any corresponding engineering fees.. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the CITY Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. 13 In the event any said over sizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the CITY's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the PROPERTY and its development will 14 be subject to all ordinances, regulations and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation shall apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so- called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at DEVELOPER'S sole cost. 15 Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the CITY's Bulk Regulations, including, but no limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor DEVELOPERs of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions 16 and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "E". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 17 11. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as per applicable City Ordinances. 13. MODEL HOMES,PRODUCTION UNITS, SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with DEVELOPER'S or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales 18 trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY STAFF. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right- of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. 19 DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for the development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit for the PROPERTY. A building permit 20 will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated easements and rights-of-way. 15. HOMEOWNER'S ASSOCIATION a. DEVELOPER shall establish a Homeowner's Association for all lot owners. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of the common areas shown on any final plat. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Area and any entryway signs, monuments and landscaping and detention ponds. b. In order to provide for the maintenance of the Subdivision signage, common areas and open space and private pedestrian paths, as shown on the approved Preliminary Plan, attached as Exhibit "C", in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 21 16. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the DEVELOPER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the 22 DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The CITY hereby grants any necessary variances to the CITY subdivision and/or improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plat. The CITY agrees to allow up to six feet (6') of bounce in any storm water management facility. 17. MASS GRADING. Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but only after review and approval of the final engineering grading plan for the PROPERTY. DEVELOPER shall submit an erosion / sediment control plan for review and approval, and shall comply with all CITY and Illinois EPA requirements. DEVELOPER agrees to post any necessary bond for said work with the CITY prior to commencement of operations. 18. BINDING EFFECT AND TERM This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 23 19.NOTICES AND REMEDIES Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and /or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail / return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: John Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 DEVELOPER'S ATTORNEY: Michael McGurn General Counsel Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 24 RECORD OWNERS: Conifer Group, LLC 20.AGREEMENT TO PREVAIL OVER ORDINANCES In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements 25 contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, 26 portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the 27 terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreement, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. O. Right to Farm Language. The OWNER and/or DEVELOPER of the SUBJECT PROPERTY acknowledge that Kendall County has a long, rich tradition in 28 agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise or unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 29 22. USE OF PROPERTY FOR FARMING/ZONING Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: Mayor Attest: CITY Clerk RECORD OWNERS: DEVELOPER: By: Attest: 30 LIST OF EXHIBITS EXHIBIT"A": Legal Description of SUBJECT PROPERTY EXHIBIT"B": Plat of Annexation EXHIBIT"C": Preliminary PUD Plan EXHIBIT "D": Sample Perimeter Road Cross-Section EXHIBIT "E": Fee Schedule 31 Eu;-Aec- I EXHIBIT A X(V n` nrE LEGAL DESCRIPTION THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST I/4; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, 1,574.00 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE, 270.0 FEET; THENCE EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED COURSE 484.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE 270.0 FEET TO SAID NORTH LINE; THENCE WESTERLY ALONG SAID NORTH LINE, 484.00 FEET TO THE POINT OF BEGINNING, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, 1,422.0 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY ALONG SAID NORTH LINE, 152.0 FEET; THENCE SOUTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE 270.0 FEET; THENCE EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED COURSE 484.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE 270.0 FEET TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID NORTH LINE, 24.0 FEET; THENCE SOUTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE, 330.0 FEET; THENCE WESTERLY, PARALLEL WITH SAID NORTH LINE, 660.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE, 330.0 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. - -- Ktut. bi+ b PLAT OF ANNEXATION SHEET 1 OF THIS PLOT WAS SUBMITTED TO THE COUNTY RECORDER FOR THE PURPOSES OF RECORDING BY TO THE (PRINT nAE) UNITED CITY OF YORKYILLE IADDRESS I ICITY/TONI (STATE( (ZIP CODEI BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 36 NORTH, N RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, IWNOIS. PO/NT OF POINT OF X41 IOWA,5 COMMENCING N 88'0737" E 11 .41' BEGINNING 11515 It 1615 EXCEP710N 2 EXCEPAON 1 & 564.10' -4kA1 100 50 0 100 Ii16154, EXCEP770N 2 N POINT OF 564.04' P.I.N./05-15-100-002 (152.0' BEGINNING *AS" P.I.N.j 151.96' EXCEP770N 1 P.I.N./05-15-200-002 I SCALE: 1" =100' 05-15-100-001 (1574.00') 1573.90' PIN./ AMENT ROAD 24.00' ___ 05-16-200-004 - _ _ _ 4ga.00' __ N 88'0737" E (1422.0) X1421.94' JXCEPTION 2 n t 1 ---- i' f ` 1 P.I.N.P. /05-15-300-006 N 01'52'23" W ., LEGEND 11....1?; S 01'52'23" E 90100'00- ,330.00' BHeavyRV idE N.UNE OF THE SW. 330.00' 0 0s vo'oo• 90'00.00' (270.0•) 9090'00" f (Heavy Solid Lino} 1/4 OF SEC.15-37-7 270.00 -ADJACENT LOT LINE/PROPERTY LINE >E / , R.O.W.Based On [Light 60110 Line) 1 1 Monumentatlon& v 28'R.O.W. R.O.W.Based On 90TJ0'00� I �� ( 0•) 484.00' i Occupation -- -QUARTER SECTION LINE MonumeBasedn& P.I.N./05-15-300-007 .X No Formal Oedicotion (Double Dashed Llnee) Occupation • N 68'07'37" E Documents Provided To ----- - SECTION LINE No Formal Occupation Dedition Surveyor (Tr l pia Dashes Lineal Documents Provides (660.0') 659.96' 28'R.O.W. Ta Surveyor 9010000" 90100.00• SURVEYOR'S NOTES 26'R.O.W. va R.O.W.Bored On EXCEPTION 1 DIMENSIONS ENCLOSED IN I I INDICATE RECORD OR Monumentation& DEED DATA. ALL OTHER DIMENSIONS ARE MEASURED. Occupation No Formal Dedication Documents Provided To Surveyor Z 13 m 0 Z LI />Z CP (0— q In * 0 XII0 N P.I.N.i 05-15-400-001 ANNEXATION DESCRIPTION IV v Y BIND Pi THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 36 NORTH, N JE ,?,O VO. LESitOrti° S m RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT t�0 D CIO O ii ORS �g THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE 5, NORTHWEST SAID EASTYALONGETOF OSQUARTER; ATHENCE THE NORTH LINEFSAIDSOUTHWESTQUARTER, VL155.6p9 pCRE N P.LN.j 05-16-400-003 ( 0 1,574.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY Ln PERPENDICULAR TO THE LAST DESCRIBED COURSE, 270.0 FEET; 0 THENCE EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED COURSE 484.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE (n LAST DESCRIBED COURSE 270.0 FEET TO SAID NORTH LINE; THENCE WESTERLY ALONG SAID NORTH LINE, 484.0 FEET TO THE POINT OF BEGINNING, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EASTERLY ALONG i. THE NORTH LINE OF SAID SOUTHWEST QUARTER, 1,422.0 FEET i FOR A POINT OF BEGINNING; THENCE EASTERLY ALONG SAID NORTH LINE, 152.0 FEET; THENCE SOUTHERLY PERPENDICULAR ci TO THE LAST DESCRIBED COURSE 270.0 FEET; THENCE N EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED COURSE 484.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE LAST 6 DESCRIBED COURSE 270.0 FEET TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID NORTH LINE, 24.0 FEET; THENCE - SOUTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE, 330.0 FEET; THENCE WESTERLY, PARALLEL WITH SAID NORTH LINE, 660.0 FEET; THENCE NORTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE, 330.0 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 6 j SURVEYOR'S CERTIFICATE 10 �: STATE OF IWNOIS) NF�; \ J ss. 1 S 88'04'45" W 2637.84' COUNTY OF DUPAGE) I P.LN./05-15-100-003 P.I.N.; MIS IS TO CERTIFY THAT I.CAROL A.SWEET-JOHNSON,AN IWNOIS PIN.# 1I 15* 05-15-200-'006 PROFESSIONAL LAND SURVEYOR, HAVE PREPARED THIS PLAT FOR 05-21-200-002 THE PURPOSE OF ANNEXATION TO THE UNITED CITY OF YORKLE, KENDALL COUNTY RECORDER'S CERTIFICATE �F 22 VILPREPARED BY: AND THAT THIS PLAT OF ANNEXATION ACCURATELY DEPICTS SAID T a Y C E M C 0 N, Ltd. GIVEN UNDER MY HAND AND SEAL THIS 5TH DAY ) PROPERTY. STATE OF IWNOIS ) ss PLAT ENVELOPE sult Coning Engineers, Lond Surveyors &Planners2005. COUNTY OF KENDALL) OF JULY,A ,'> 2280 White Oak Circle, Suite 100 .D., Aurora, Illinois 60502-9675 THIS INSTRUMENT NO. WAS FILED FOR RECORD PH: 630.862.2100 FAX: 630.862.2199 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, IWNOIS,ON THIS DAY E-Moil: caddOcemcon.com Website: www.cemcon.com OF IWNOIS PROFESSIONAL LAND SURVEYOR NO.3342 20 AT O'CLOCK �M. DISC NO.: 707003 FILE NAME ANNEX MY REGISTRATION EXPIRES ON NOVEMBER 30,2006 DRAWN BY: MSD A.D. BK./ PC. NO.: 837/4-16 PROFESSIONAL DESIGN FIRM UCENSE NO.:184-002937, COMPLETION DATE: 7-01-05 JOB NO.: 707.003 EXPIRATION DATE IS APRIL 30, 2007 KENDALL COUNTY RECORDER N/A Copyright©2005 Cemcon,Ltd.All rights reserved. Pxub14 e- Lee Farm Fee Schedule (all fees are per unit unless otherwise specified) A paid receipt from the School District Office, 602-A Center Parkway Yorkville,must be presented to the City prior to issuance of a permit $3,000 Separate Yorkville-Bristol Sanitary District fee—made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus $0.20 per square foot $650+ $0.20(SF) 2. Water Connection Fee $2,660 3. Water Meter Cost $250 4. City Sewer Connection Fee: $2,000 5. Water and Sewer Inspection Fee: $25 6. Public Walks/Driveway Inspection Fee: $35 7. Development Fees: Public Works $700 Police $300 Building $150 Library $500 Parks and Recreation $50 Engineering $100 Bristol-Kendall Fire $1,000 Development Fees Total $2,800 8. Land Cash Fees Park(adjusted for 6 acre park dedication) $1,361.91 School(adjusted for 4 acre school dedication) $3,688.33 9. Road Contribution $2,000 10. County Road Fee $1,000 11. Weather Warning Siren Fee $75/acre Notes: *Weather Warning Siren Fee to be paid in whole at time of final plat approval -Fbc., -46 ick STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Lee Farm—Montalbano Homes) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is anticipated to become contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE 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 Page 2 of 3 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 Page 3 of 3 ib STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Lee Farm—Montalbano Homes) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory ; and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES 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 El DC) STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) • ORDINANCE NO. 2005- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Lee Farm—Montalbano Homes) WHEREAS, Conifer Group, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein (the Property), and WHEREAS Montalbano Homes, developer of the Property has made application by petition for the rezoning of the Property and approval of a Special Use for a Planned Unit Development, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as R-2 Single Family Residence /Planned Unit Development District set out and described on the Attached Exhibit"B"which is the preliminary plat for the property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property R-2 Single Family Residence/Planned Unit Development District as described in attached Exhibit"B". 2. A Special Use for Planned Unit Development is hereby approved for the Property in accordance with the Annexation Agreement and Planned Unit Development Agreement previously entered into between the City and Developers. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES 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 AUG-23-2005 10:24 FROM-SPEER FINANCIAL 312-346-8833 1*-111 P.002 F-0T1 *g. I ' va1e'I'd' OFFICIAL RID FORM United City of Yorkville August 23,2005 600 Game Farm Road Speer Financial,Inc. Yorkville,Illinois 60560 Facsimile.' (312)346.8833 City Council Members: For the $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C, of the United City of Yorkville, Kendall County, Illinois, as described in the amtexed Official Notice of Sale, which is expressly made a part of this bid, we will pay you $ a1/ D 25:01,17 (no less than$2,095.000)plus accrued interest from September 1,2005, to the dace of delivery for Bonds bearing interest as follows(each rate a multiple of I/$or 1/100 of 15). MATURITIES-DECEMBER 30 933,000 2006 ZS-01r 5 90,000,90,000...,, 2012 9.Oo% 53.20,00D 2019 . 304 75,000 2007 3.5m 95,000 2013 . ,610a 130,000 2020 C,-0 4 90,000 2005 ars 100,000 2014 y,gDi 135,000 2021 5,04 r B0,000 2009 .4.Vit105,000 2015 /y eOg••• 100,000 2022 S1.0% $ BB,000 2010 $. V �7• % 110,000 2016 'Oil- 150,ODD 2023 Z a 90,000 2011 7.›—at 110,000 2017 y OA 150,000 2024 S,;,S�tr r 120,000 .tole V.0O6 • Any eenmewn,norms may be aggrrae��rred boo no mon than Om room bort*or Me mite,a/tAe btddstr, In whish Bare the manWoroy ream/Moo provident ORO bo on the sante Module at above. M4ruminrlita Pm;Monu►lry Ne ustrior.,11-?.f form Mnnuly XV-l Mearr/rion 22-./Y7trrm Marurlry p.29' The Bonds are to be executed sold delivered to us in a:eordsnoe with the terms of Atli bid accompanied by the approving legal opinion of Chapman and Cutler LLP, Chicago. Moll, The City will pay for the legal &MIN. The underwriter agrees to apply for CUSIP numbers within 24 hours and pay the fee charged by the CUSIP Service Bureau and will accept the Bonds with the CUSIP numbers ce entered on the Bonds. As evidence of our good faith, We enclose herewith a check or Surety Bond payable to the order of the Treasurer of the City in the amount of TWO PERCENT OP PAR (rite "Deposit") under the terms provided in your Official Notice of Sale. Attached hereto is a list of members of our account on whose behalf this bid la made, Form of_Deposit Account Manager Information Check One: Cetdflad/Caohier'e Cheek Name GMi~ ,0 /~`_ . . [I iHruiiiliu Auicts Dart (1 _ • AddtW 7r 1 . Amount: $40,000 By /0(/G r The above Certified/Cashier's Cheek was returned and received Cia ep 'C Stetazip/t S'aid1 By: Direct Phone( t 876 sly Cheek Number: FAX Number 3(2—) 67 6-- S NV 7 E-Mail Address yr -t-. 6t e4f e' eekrr -Gss�.. The foregoing bid was accepted and the Boods sold by otrd'manee of the City on August 23.2005.and receipt is hereby acknowledged of the good faith Deposit which Is being held bt accordance with the teres of the annexed Official Notice of Sale. UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLIIdOIS NOT PART OS THE BID (Cale:dation of rrtte inaerecr rosy) Groin Interest B / /416 cf cel. Lan& itlptn S gc ti DO Trvs lotesese Cove 4 I. OSI V*1 .5- e Tate Interest Rate 3095-s? 9a TOTAL BOND YEARS 23,521.11 AVERAGE LIFE — 11.761 Vara ' .tet AUG-23-2005 1024 FROM-SPEER FINANCIAL 312-346-8833 T-111 P.003/008 F-071 UNITED CITY OF YORKVILLE $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C Final Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P.I Fiscal Total 09/01/2005 _ - - • . - 12/30/2005 - 29,799.58 29,799.58 29,799.58 06130/2006 - - 45,075.00 45,075.00 • 12/30/2006 35,000.00 3.500% 45,075 00 80,075,00 125,150.00 06/30/2007. 44,462.50 44,462.50 - 126072007 75,000.60 3.500% 44,462.50 119,462.50 t 63,925.00 06/30/2008 43,150.00 43,150.00 - • - 12/30/2008 80,000.00 3.500% 43,150.00 123,150.00 160,300.00 06/30/2000 - • 41,750.00 41.750,00 • 12/30/2009 — , 80,000.00 3.500% 41,750.00 , 121,750.00_ 163,500.00 06/30/2010 - - 40,350.00 40,350.00 - 12/30/2010 85,000.0D 3.500% 40,350.00 125,350.00 165300.00 06/30/2011 - - 38,862.50 38J62.50 - 12/30/2011 90,000.0D 3.500% 38,862.50 123,362.50 167,725.00 06/30/2012 37,287.50 37t287.50 • - - ... 12/30/2012 90.000.00 4.000% 37,287.50 127,287.50 164,575.00 06/30/2013 - 35,487.50 35,487.50 - - 12/30/2013 95,000.00 4.000% 35,487.50 130,487.50 165,975.00 06/30/2014 - 33,587.50 33,587.50 - - 12./30/2014 100,000.00 4.000% 33,587.50 133,587.50 167,17590_ 06/30/2015 - - 31,587.50 31,587.50 • 12/30/2015 105,000.00 4.000% 31,587,50 136,587.50 168,175.00 06/30/2016 - - 29,487 50 29,487.50 • 12/30/2016 110,000.00 4.000% 29,487.50 139,487.50 168,975.00 06/30/20 1 727,287.5o 27 287 50 _:,_ • - - - 12/30/2017 I 10,000.00 4,00D0/ 27,287.50 137,287.50 164,575.00 06/30/2018 - • 25,087.50 25,087,50 - 12/30/2018 120,000.00 4.000% 25,087.50 145,087.50 170,175.00 06/30/2019 - 22,687.50 22,687.50 - - _12130/2019 120,000.00 5.500% 22.687.50 142,687.50 165,375.00 _ *060/2020 - - 19,387.50 19,387.50 - 13/30/2020 130,000,00 5.500% 19,387.50 149,387.50 168,775.00 06/30/2021 • 15,812.50 15,812.50 - • 12/30/2021 135,000.00 5.500% 15,812.50 150,812.50 166,625.00 06/30/2022 • 12.0 p.m 12,100.00 • - 12/30/2022 140,000.00 5,500% 12,100.00 152,100.00 164,200.00 06/30/2023 • 8,250.00 8,25000 - - 12/30/2023 150000.00 5.500% 8,250.00 158,250.00 166,500.00 06/30/2024 - - 4,125.00 4,125.00 - . 21........._..... _..._„../.. P,ODO•130 5.500%— ---—---- 4 125.00---—— - - 154 125 00___ 158 250 OD Total 52,000.000.00 . S1,141,44938 S3,141,44938 - Se/los 2005C lilld Cheek 1 SINGLE PURPOSE 1 8/23/2005 1 1005 AM Speer Financial, Inc. Public Finance Consultants Since 1954 Pane 1 AUG-23-2005 10:25 FROM-SPEER FINANCIAL 312-346-9833 7-111 P.004/008 F-971 UNITED CITY OF YORKVILLE $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C Final Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars .123.521.1 I Average life_.. t 1.761 Years AverugeCoupon __.__..-_._._.__...-......._.. 4.8528727 i6 Net interest C......'. _ 4.4914952% True Interest Cost(TILL...-.--_._._. —_�..___....-_..—_.__..._._...._4:3087582% Bond Yield(or Arbitram Purposes _ _._•_.•_—. 4.870383% All Inclusive Cost.A1C -- - 4.3959518% IRS Form 8038 Net Interest Cost __.-.-._...4.8528727% Weiphied Average Maturity 11.761 Yeurs Series 20080 Dia Cheat I SINGLE PURPOSE 1 023/2005 I 10:05 AM Speer Financial, Inc. Public Finance Consultants Since 1959 Piga 2 Fitch.i n gs Public Finance Tax Supported Yorkville, Illinois New Issue Ratings ■ Outlook New Issue The 'A' rating and Stable Rating Outlook are based on a rapidly General Obligation(Alternate growing tax base, above-average wealth levels, and consistent Revenue Source)Bonds, financial performance guided by strong planning and prudent Series 2005C A budgeting. Although Yorkville's population has more than doubled Outstanding Debt since 1990, management has maintained healthy financial reserves and General Obligation Bonds A initiated a comprehensive plan to accommodate future growth. The city's debt levels are moderately high as a result of rapid expansion,but Rating Outlook Stable the capital plan anticipates little debt issuance and its pace depends on operating sources and developer contributions. Analysts Melanie A.J.Shaker • Rating Considerations 1 312 368-3143 Located 45 miles southwest of Chicago, Yorkville has expanded at a melanie.shaker@fitchratings.com rapid pace due to its proximity to the diverse employment bases in the Joseph O'Keefe Chicago and Naperville areas in addition to its affordable housing. 1 312 368-3171 Strong housing demand, particularly in single-family homes, has joseph.okeefe@fitchratings.com spurred tax base growth,averaging 19%annually in the past five years. The city's 2000 median single-family home value equaled $157,700, Zoe Jeffrey compared with $130,800 for the state. Other wealth indicators are also 1 312 368-3215 favorable,as Yorkville's per capita income equaled 106%and 114%of zoe.jeffrey@fitchratings.com state and national averages,respectively. Issuer Contact Yorkville's financial position is strong,as growth has been factored into Traci Pleckham budgeting and capital planning. In accordance with its fund balance Finance Director policy, which stipulates reserve levels of at least 15% of general fund 1 630 553-8534 spending,the city maintained an unreserved, undesignated general fund balance of$1.4 million (20.5% of spending) in fiscal 2004 (April 30 New Issue Details year end) and has maintained unreserved, undesignated reserves above $2,000,000 General Obligation (Alternate 15% in each of the past three years. Steady financial performance is Revenue Source) Bonds, Series 2005C, will derived through a diverse revenue stream, with property and sales tax sell competitively on Aug. 23, with Speer receipts supplemented by growth in development-related revenue, such Financial, Inc. serving as financial adviser on the transaction. Semiannual interest payments as building permit fees. commence Dec. 30, 2005, and the bonds mature Dec. 30 2006-2024. Bonds due Dec. The city's direct debt is moderately high, equating to $3,432 per 30, 2015-2024 are subject to optional capita,or 4.2%of market value,although a variety of alternate revenue redemption on or after Dec.30,2014. sources have been directed to bond repayment. Overlapping debt Security: The bonds are payable from ad includes local school and community college districts, as well as valorem taxes levied on all taxable property county and forest preserve debt,bringing overall debt to a moderately within the city without limitation as to rate or high$5,739 per capita,or 7.1%of market value.Fitch Ratings expects amount,although the city intends to repay the little debt issuance over the next few years, as funding sources have obligation using waterworks and sewerage system revenues. already been identified for slated projects and residential developments Purpose: Proceeds of this offering will will finance utility infrastructure. finance improvements to the city's waterworks and sewerage system. The city's six-year capital plan totals $54.1 million. Two-thirds of the plan relates to water and sewer improvements, with the balance dedicated to street projects. Operating sources and developer contributions each provide about half of the financing. August 22, 2005 www.fitch rati ng s.com Fitchfiati.:n.gs Public Finance • Strengths Debt Statistics • Significant residential development has ($000) expanded the city's rapidly growing tax base. This Issue 2,000 • Strong revenue growth and prudent budgeting Outstanding Debt 28,162 practices support a sound financial position. Direct Debt 30,162 • Deliberate capital planning anticipates infrastructure Overlapping Debt 20,282 requirements with minimal borrowing needs. Total overall Debt 50,444 Debt Ratios • Risks Direct Debt Per Capita($)* 3,432 As%of Market Value** 4.2 • Moderately high debt burden. Overall Debt Per Capita($)* 5,739 • Potential financial pressures due to increasing As%of Market Value** 7.1 demand for services and infrastructure. *Population:8,789(2003 estimate). **Market value$715,069,000(2005). • Debt The city's direct debt burden equals a moderately high • Finances $3,432 per capita and 4.2%of market value,reflecting The city's rapid residential development and prudent its investment in infrastructure to accommodate recent oversight of expenditures support its strong financial and anticipated growth. However, the city utilizes a position. The general fund registered a $1.4 million variety of alternative revenue streams—sales, motor unreserved, undesignated balance in fiscal 2004 fuel, and income taxes received from the state of (April 30 year end), or 20.5% of total expenditures, Illinois, tax increment district revenues, water and and transfers out, down slightly from 25.4% of sewer system revenues, and utility taxes — for a spending in 2002. portion of annual debt service needs as a means to reduce the effect on the property tax base. Total revenues in the general fund recorded an impressive 21.9% annual increase, to $6.5 million, in While the amortization of outstanding debt is average, fiscal 2004 from 2002,led by strong growth in the two with 41.6% retired within 10 years, Fitch anticipates largest revenue sources — first, the sales tax and, the city's debt burden to decrease over time due to its secondly, licenses, permits, and fees. Sales tax receipts minimal borrowing needs and the continued growth of accounted for 29%, or $1.8 million, of fiscal 2004 both its population and property tax base. Borrowing general fund revenues, growing 21.5%since 2002 as a by overlapping jurisdictions, notably the local school result of the city's economic development. Licenses, district, brings the city's total debt burden to $5,739 permits,and fees(27%of fiscal 2004 total general fund per capita and 7.1%of market value. revenue) also posted rapid growth, increasing 47.0% annually since 2002 to reach $1.7 million, of which The city's six-year capital program (fiscal years building permit fees accounted for about$800,000. 2005-2010) totals $54.1 million and is designed to accommodate expected growth based on a master Property tax revenue (20% of fiscal 2004 total general comprehensive plan and population projections. fund revenue) grew 9% annually over the past three Sanitary sewer improvements represent the largest years,reflecting,in part,strong equalized assessed value share of the capital program at 40% of the total cost, (EAV) growth as well as management's deliberate followed by road projects at 34% and water system effort to limit the tax burden on existing residents. enhancements at 26%. While significant in scope, the city plans to finance the program through a diverse Total general fund expenditure increases were mix of internal sources, including general fund commensurate with revenue growth, rising 21.6% revenues (48% of total cost), developer contributions annually to$5.8 million in fiscal 2004 from fiscal 2002. (45%),motor fuel taxes(3%),and federal grants(3%). While the city's expansion has required moderate As a result of these considerable internal resources,the additions in staff,the increases have focused mainly on city currently does not anticipate any external public safety. In addition, the city's prudent budget borrowing through the term of the capital plan. policies include allocating 3% for contingencies. Given management's prudent expenditure planning and oversight, as well as additional residential growth anticipated over the next five years, Fitch expects that Yorkville,Illinois 2 FitchIHatiii. Public Finance General Fund Summary ($000,Audited Fiscal Years Ended April 30) 2002 2003 2004 Revenues 4,365 5,190 6,487 Expenditures 3,890 4,593 5,752 Net Change 475 597 735 Transfers In 372 375 598 Other Sources 625 19 0 Transfers Out (602) (1,281) (906) Net Income 870 (290) 427 Adjustment 0 (440) (7) Total Fund Balance 1,753 1,024 1,443 As%of Expenditures and Transfers Out 39.0 17.4 21.7 Unreserved/Undesignated Fund Balance 1,143 954 1,368 As%of Expenditures and Transfers Out 25.4 16.2 20.5 the city will maintain the general fund balance above its While residential uses account for the majority of the minimum stated goal of 15% of spending. The city property tax base at 63.9%of EAV, commercial uses should end fiscal 2005 with a moderate surplus. represent a significant 23.3%. The 10 largest taxpayers constituted a moderate 7.8% of the 2003 • Economy tax base,led by Amurol Confections Co.,a candy and Yorkville is located in northeastern Illinois, about 45 gum manufacturer,at 2.3%of EAV. miles southwest of Chicago in Kendall County. Its 2003 population of 8,500 represented an 11.2% Although the local economy is diversifying away from annual increase from 2000 and a 6.1% annual rise manufacturing toward the services sector, food over the past 13 years. The city's population gains production continues to represent a significant source were accompanied by increasing wealth levels, as per of employment in the city and the county. Amurol capita income grew to 106.1% and 113.6% of the Confections, also the city's largest employer, retains state and national averages, respectively, in 2000, 500 positions. In addition, Yorkville hosts Newly compared with 104.9% and 110.6% in 1990. As the Weds Foods, a food seasonings manufacturer that city's proximity to Chicago and other regional employs 115. Other major city employers include economic centers,along with still affordable property Cascade Water Works Manufacturing Co. (sewer and values, continues to attract young families,population piping systems repair products,40),C.J.Insulation Inc. growth is expected to remain strong. (insulation installation, 40), and Waste Technology Inc. (environmental investigators, 20). As many Development and annexation efforts continue to residents work outside the city, area employers diversify and improve the local economic base. The providing a significant source of jobs include Harper- city's tax base has grown 19.3%annually since 2000 Wyman Co.(thermostatic controls and gas combustion due mainly to residential development, as well as the products, 1400), Eby-Brown Co. (wholesale tobacco city's annexations of adjacent lands. The city should and confectionery, 400), and Dial Corp. (soap, sustain strong tax growth in the near future, as new glycerin,and fatty acids,400). construction starts in 2004 approximated $50 million in EAV. The city's projections, produced in Unemployment rates for the city, though not conjunction with local developers, anticipate currently available beyond 2003, tended to exceed construction of over 3,000 units by 2010, mainly those for the county, state, and nation,rising to 8.9% single-family homes to accommodate demand of in 2003, compared with 6.0%, 6.7%, and 6.0%, wealthier families moving into the city. respectively.In June 2005,unemployment rates stood at 5.9% for Kendall County, 6.2% for the state, and 5.2%for the nation. Yorkville,Illinois 3 • • Public Finance Copyright O 2005 by Fitch,Inc.,Fitch Ratings Ltd.and its subsidiaries.One State Street Plaza,NY,NY 10004. 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Yorkville,Illinois 4 ti POOR'S Publication date:05-Aug-2005 Reprinted from RatingsDirect United City of Yorkville, Illinois Primary Credit Analyst(s):Ryan M Brady,New York(1)212-438-2123;ryan_brady@standardandpoors.com Secondary Credit Analyst(s):Jeffrey Panger,New York(1)212-438-2076;jeff_panger@standardandpoors.com Credit Profile Rationale The'A-' rating on United City of Yorkville, Ill.'s GO library bonds series 2005C US$2.mil GO bnds(alternate reflects the GO pledge of the city and credit characteristics include: rev source)ser 2005C dtd 09/01/2005 due 12/30/2024 A • Proximity to the strong DuPage County area economy; Sale date:23-AUG-2005 • Above-average income and wealth levels; and AFFIRMED • Sound financial position. Outstanding GO bnds A-(SPUR) A high debt burden and looming growth pressures offset the above strengths. Outstanding Issuer Credit Rating A- The various ratings on the city's outstanding GO debt have been affirmed. OUTLOOK:STABLE The bonds are secured by the city's full faith and credit GO pledge. Yorkville is a nonhome rule jurisdiction, situated in Kendall County, southwest of Aurora, Ill. ('AA' GO rating)and Naperville, Ill. ('AAA' GO rating). The city has seen relatively significant population increases, due to the combination of the high demand for affordable residential development in the area and numerous annexations. Population grew to 8,749 in 2003 from 6,189 in 2000, a 41.3% increase in three years. The city is poised for considerable development, as growth from Chicago, Ill. pushes westward. Management estimates that future annexations and continued strong demand for new houses will drive the population to at least 25,000 by 2010. Assessed value (AV) has had solid gains in recent history, growing 45%since fiscal 2002, to a current$238 million. Before fiscal 2002, the tax base had increased an average of 5% annually since fiscal 1996. Because the city is nonhome rule, it is subject to statutory tax caps, limiting its levy-raising ability net of new construction; however, these limitations are tempered by a rapidly growing tax base. In addition, when the city reaches a population of 25,000, expected within the next five years, the city will achieve home-rule status, increasing taxing and borrowing capacity. Residents commute to jobs in Kane and DuPage counties('AA' and 'AAA' GO ratings, respectively). Major area employers include: • Harper-Wyman Co., Appliance Control Group, thermostatic controls (1,400 employees); • Waubonsee Community College(750); and • Lyon Metal Products, steel storage equipment(600). Despite access to a wide variety of employment opportunities, the city's unemployment rate typically exceeds state and national averages. In 2003, the city's unemployment rate averaged 8.9%, which was high compared with the state(6.0%) and national (6.7%) levels. Although more recent figures are unavailable for the city through June 2004, strong employment growth improved the county's unemployment rate (5.8%), and it is now on par with the national rate. Income levels are above average. Median household income levels for Yorkville are 124% and 134%of state and national averages, respectively. An above-average market value per capita ($71,055) paints an accurate picture of the wealth levels in the township, as the tax base is predominantly residential. Outlook The stable outlook reflects the expectation that the city will maintain structural balance as capital needs rise from growth. Finances The city's financial position remains healthy in light of rapid population growth that is expected to translate into capital pressures on the city and other local jurisdictions, potentially leading to a higher debt burden as new school, library, and park facilities are built to serve the larger population. At fiscal year-end 2004 (April 30), the unreserved general fund balance stood at$1.4 million, or a sound 23.8% of operating expenditures, up from the previous fiscal year when it totaled $955,000, or 17.4% of operating expenditures. The influx of new residents into the city has increased license, permit, and fee revenues by more than five times in a four-year period to$1.8 million in fiscal 2004 from $342,000 in fiscal 2001. Additionally, sales tax revenues have increased to$1.9 million from$1.0 million in the same time frame. Continual growth of these revenue streams in conjunction with higher-than-anticipated property tax revenues due to new residential construction has lead management to expect that financial operations will generate a surplus in fiscal 2005, despite state-shared revenue cuts. The city relies on state distributions of sales and income tax revenues (35%) and property taxes(20%) as its primary operating revenue sources. Based on 2003 special census results, management expects the city to realize an additional $200,000 of income tax revenues in fiscal 2005, as the state's income tax distribution is population driven. However, despite the city's proactive approach to setting appropriate staffing levels and improving processes to accommodate heightened service needs, staffing costs are expected to significantly rise in the future, potentially offsetting gains related to population growth. Debt The city's overall net debt burden is high at$8,975 per capita and 12.6% of market value. However, these ratios are somewhat inflated because included is $26.3 million of special assessment debt that is not borne by the entire population. If this debt is excluded, overall net debt is significantly lowered to $5,880, or 8.3%. Debt service carrying charges are moderate at 8% of expenditures, and amortization of outstanding debt is average, with 42% of outstanding principal maturing within 10 years. Capital Improvement Plan The city maintains a six-year(2004-2009)capital improvement plan (CIP) totaling $54.0 million. The CIP is relatively evenly distributed among water, sewer, and street projects, with the bulk of the projects planned for the first four years. Despite the relatively large size of the CIP, management does not intend to raise the necessary funds through debt financing. Instead, the city is expecting to be able to use monies previously raised through the issuance of debt certificates, future water system connection fees, funding from developers, motor fuel taxes, and a small portion of the general fund balance, to fund various capital projects. This report was reproduced from Standard &Poor's RatingsDirect, the premier source of real-time, Web-based credit ratings and research from an organization that has been a leader in objective credit analysis for more than 140 years. 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