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City Council Packet 2005 09-13-05
,tt,D C/4 k 0,� United City of Yorkville ° " 800 Game Farm Road EST. "` '1836 �_ Yorkville, Illinois 60560 o , a-, Telephone: 630-553-4350 16741-E , `moo Fax: 630-553-7575 <CE `vti AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED: 9/13/05 Tuesday, September 13,2005 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 To be Announced 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, October 6, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, October 13, 2005 City Hall Conference Room Presentations: 1. Presentation by Yorkville Moose Lodge 2371 to Yorkville Police Department City Council Meeting Agenda September 13, 2005 Page 2 Public Hearings: 1. Yorkville-Bristol Sanitary District, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville A-1 Agricultural District with a Special Use for a Water Treatment Facility and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 20.375 acres directly West of the existing Yorkville-Bristol Sanitary District property, Bristol Township, Kendall County, Illinois. 2. Pulte Home Corporation, MPLIV 10, LLC, MPLIV20, LLC, and MLH Yorkville, LLC, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development consisting of R-2 One-Family Residence District, R-3 General Residence District and B-3 Service Business District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 587 acres at the Northwest corner of Galena and Route 47, Bristol Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. Police Reports for July 2005 2. Building Permit Reports for June and July 2005 3. Countryside Interceptor Waiver of 50% Requirement-waive the requirements of Item #28 of the Countryside Interceptor Contract with Glenbrook Excavating& Concrete, Inc. concerning a 50% limit on subcontracted work, as recommended by the City Engineer, and to authorize the City Engineer to notify Glenbrook of this waiver 4. Development Agreement and Rezoning for Robert and Debra Dearborn—201 S. Main Street and 204 Hydraulic Avenue - authorize Mayor and City Clerk to execute 4a. Ordinance Authorizing the Execution- authorize Mayor and City Clerk to execute 5. Ordinance Adopting a Map Amending an Area in the Northwest Portion of the Current Comprehensive Land Use Plan - authorize Mayor and City Clerk to execute 6. Lynwood Baptist Church— 1 '/2 Mile Review 7. Resolution Adopting Revised Sponsorship Policy and Request Form- authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—July 26, 2005, August 9, 2005 and August 23, 2005 Minutes of Committee of the Whole—None City Council Meeting Agenda September 13, 2005 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,314,991.51 (vendors) (Revised 9/8/05 — See revised summary in packet.) $ 164,555.62 (payroll period ending 8/20/05) $ 1,479,547.13 (total) Reports: Mayor's Report: 1. Revised Senior Facility Use Agreement 2. Coffee with the Mayor: September 17th at Raintree Village, 461 Hazeltine Way,just east off Route 71, from 10:00 a.m. until noon. City Council Report: City Attorney's Report: City Clerk's Report: 1. MFT Audit Report No. 56 for January 1, 2004 - December 31, 2004 City Treasurer's Report: 1. Ordinance Authorizing the Issuance of General Obligation Bonds (Alternate Revenue Source) Series 2005, in an amount not to exceed$12,000,000 (Rob Roy Creek Interceptor) 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. Resolution Approving the Final Plat of Subdivision for Bristol Bay Units 1-7 2. Resolution Approving the Final Plat of Subdivision for Autumn Creek Unit 1 3. Resolution Approving the Preliminary/Final Plat of Subdivision for XPAC Property (NW Corner of Cannonball Trail and Route 47) City Council Meeting Agenda September 13, 2005 Page 4 Committee Reports (con't): Public Safety Committee Report: 1. Purchase of Chevy Tahoe Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against any employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James 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 City Council Meeting Agenda September 13, 2005 Page 5 COMMITTEES,MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't) ;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 ,PciLi )I Icy -(t£cu 00 )6, -4 J ,cEo CST o United City of Yorkville Memo J `;113 - T 800 Game Farm Road EST n1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Date: September 9, 2005 To: Mayor and City Council From: Lisa Pickering, Office Assistant Agenda Item: Public Hearing #1 — Yorkville Bristol Sanitary District Annexation and Rezoning was not available at the time packets were produced. This item will be available as soon as we receive it and distributed in a supplemental packet. Any questions please contact City Attorney John Wyeth DRAFT-CLB-8/26/05 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Garritano/Brummel Project) THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of September, 2005 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". CH01/12439329.1 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit A (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 256 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel"), (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 294 acres legally described on Exhibit B-2 attached (the "Conventional Residential Parcel") (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel"), all as depicted on the Preliminary Plan attached hereto and incorporated herein as Exhibit D. E. MPLIV 10, LLC, the OWNER of the Commercial Parcel intends to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCIAL CHO1/12439329.1 2 DEVELOPER") who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein. F. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on June 8, 2005 and conducted Public Hearings regarding the Preliminary PUD Plan for the Active Adult Parcel on August 10, 2005. The City Council conducted the public hearing on the Annexation Agreement and Planned Development Agreement on September 13, 2005. G. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. H. The parties intend that this Agreement serve as an Annexation Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for the Age-Restricted Residential Parcel. I. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. J. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit A for the uses set forth herein, and to further CHO1/12439329.1 3 develop the Age-Restricted Parcel as a Planned Development establishing a unique character through the provision of a mix of residential uses within the Age-Restricted Residential Parcel in conformance with the United City of Yorkville Comprehensive Plan as a master planned community. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said SUBJECT PROPERTY. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. K. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable and regulations of the CITY now in force and effect, except ordinances, codes r gu as otherwise provided in this Agreement. L. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. CHO1/12439329.1 4 NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary Plan for the SUBJECT PROPERTY and Preliminary Plan for the Age-Restricted Parcel, attached hereto as Exhibit D and agree that the annexation, zoning and plan for the SUBJECT PROPERTY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the provisions of the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 256 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel"), (ii) an R-3 Single Family Residence District as a community consisting of detached single-family residences on approximately 294 acres legally described on Exhibit B-2 attached (the "Conventional Residential Parcel") (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally CHO1/12439329.1 5 described in Exhibit C attached hereto (the "Commercial Parcel") all as shown on the Preliminary Plan attached hereto as Exhibit D, provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary Plan(Exhibit D). The CITY agrees to consider future applications for a special use for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B-3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefor. 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit E attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Age-Restricted Residential Parcel. There are no modifications or deviations requested form the Conventional Residential Parcel or the Commercial Parcel ("Permitted Variations"). 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as CHO1/12439329.1 varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels as outlined in Exhibit E-1 (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for sanitary sewer and for water distribution and responsibility for off-site street related improvements as outlined in Exhibit E-2. In the event the CITY cannot obtain the necessary off-site easements for the extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains or sewer from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. The CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire all off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. The CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. CHO1/12439329.1 7 C. The CITY has constructed and will maintain an operational water storage tower within the vicinity of the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with the TEPA permits therefor. D. There are no administrative, judicial or legislative action pending or being threatened that result in a reduction o or limitation upon, any Parties' right to use and connect to the water distribution system. 6. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ("YBSD")treatment facility located at 302 River Road, United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville. D. That either (i) the Sanitary Sewer Interceptor Funding Agreement attached hereto as Exhibit and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 6. CHO1/12439329.1 8 The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement" for the Westbury Village Subdivision recorded with the Kendall County Recorder of Deeds as Document Number 200500004985 ("Westbury Agreement"). The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project (the "Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy Interceptor Sewer from point A to point B as shown on Exhibit has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that the Rob Roy Interceptor Sewer will be completed to point B as reflected on Exhibit on or before , 2005. The CITY further represents and warrants to DEVELOPER that those easements or rights-of-way so as to allow for the continuous construction and use of the Rob Roy Interceptor Sewer from point A to point C as shown on Exhibit , are in place and in full force and effect except as to those segments specifically noted and depicted on Exhibit The CITY shall use its best efforts to provide to DEVELOPER, on or before , 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit at the initial cost and expense of the CITY, with a reasonably anticipated completion of construction date of , 200 . DEVELOPER agrees to execute such agreements as CHO1/12439329.1 9 maybe reasonably required by the CITY in connection with such interim fmancing. E. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS 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 two hundred fifty (250) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, 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 OWNERS' and DEVELOPER's sole cost, at such time as sewer become 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. 7. DEDICATION OF AND IMPROVEMENT OF PERIMETER ROADWAYS. Subject to the applicable governmental laws, ordinances and regulations, those portions of the perimeter roadways to the Property as reflected on the Preliminary Engineering and described on Exhibit E-1 shall be dedicated, constructed and/or bonded by DEVELOPER in the manner described in Exhibit E-2 during independent phases of development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadways. The costs incurred by DEVELOPER in connection therewith shall be credited to the $2,000 per unit Off-Site Road Fee otherwise payable by CHO1/12439329.1 10 DEVELOPER to the CITY. All other improvements to perimeter roads required by the CITY shall be installed by the CITY at its own cost. 8. SECURITY INSTRUMENTS. A. Posting Security. Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject to compliance with Illinois law, 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 percent (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. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one-year maintenance bond after acceptance CHO1/12439329.1 11 by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 9. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e., park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and CHO1/12439329.1 12 acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 10. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including,without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for 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 SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Residential Parcel, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. The foregoing to the contrary notwithstanding, in the CHO1/12439329.1 13 event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT 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 SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 11. BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit F. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted CHOI/12439329.1 14 by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six(6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit F attached hereto. CH01/12439329.1 15 B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof; provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. CHO1/12439329.1 16 D. Subject to the provisions of Section 13 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 12. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and fmal engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 13. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this CH01/12439329.1 17 agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit G. At the expiration of this five (5) year term, the CITY shall give the OWNERS and 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, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. CHO1/12439329.1 18 Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 14. 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. 15. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit H and Exhibit I to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no school contribution required for the Age-Restricted Residential Parcel and shall be no other school and park contributions required for the Residential Parcels, except as set forth in Exhibits H and I. There shall be no school or park contributions required or made for the Commercial Parcel. 16. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the fmal occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize off-site subdivision identification, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the CH01/12439329.1 19 CITY as DEVELOPER may designate (individually an "Off-site Sign" and collectively the "Off-site Signs") subject to sign permit review and issuance by the CITY. Off-site Signs will not be located on public right-of-way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Off-site Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Off-site Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit J attached hereto. 17. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcel staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by 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. 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 two (2) cars outside of the adjacent road right-of-way. Building permits for CHO1/12439329.1 20 model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by DEVELOPER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, 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 service 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 or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2)weeks following issuance of building permits for all units within the Residential Parcel. 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 the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. CH01/12439329.1 21 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 and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. 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 neighborhood. 18. 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 SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers shall be removed from each of the Residential Parcel and the Commercial Parcel, respectively, within thirty (30) days after issuance of the last occupancy permit for each such Parcel, subject to force majeure. A building permit 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 right-of-way. CHO1/12439329.1 22 19. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building CH01/12439329.1 23 permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 20. IMPROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 24(A) hereof with CHO1/12439329.1 24 OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. In addition, if DEVELOPER designs and installs the Hamman Sewer Alternative described in Section 5.C. hereof, the Recapture Agreement shall provide that one hundred percent (100%) of the costs expended by DEVELOPER in designing and installing the Hamman Sewer Alternative shall be recovered from the other properties benefiting therefrom with each paying its prorata portion of the one hundred percent(100%). 21. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plan. 22. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL RESIDENTIAL PARCEL. At the OWNERS' and/or DEVELOPER's request, the CITY shall establish a special service area("SSA")to be utilized as a primary funding mechanism for installation of on-site and off-site public improvements as may benefit the Conventional Residential Parcel, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), CH01/12439329.1 25 sanitary sewer facilities and other public improvements. The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the Conventional Residential Parcel and not within the Commercial Parcel or the Age-Restricted Residential Parcel. 23. BANK QUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000.00) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $10,000,000 ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER agrees that in the event that the Bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar CHO1/12439329.1 26 year. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank Bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled "Market Card." 24. RECAPTURE AGREEMENTS. • A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et. seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the SUBJECT PROPERTY. CITY warrants there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or CHO1/12439329.1 27 their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the SUBJECT PROPERTY. 25. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of fmal engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of fmal engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS CHO1/12439329.1 28 and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and fmal engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and fmal engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural nursery uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. CH01/12439329.1 29 26. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to façade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Residential Parcel. Further, DEVELOPER agrees to follow the anti-monotony policy of DEVELOPER for single-family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 27. HOMEOWNERS ASSOCIATIONS AND DORMANT SPECIAL SERVICE AREAS (DSSA). A. Homeowners Associations. DEVELOPER shall establish through separate declarations of covenants, conditions and restrictions for each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel, a Homeowner's Association ("Association") of all lot owners within each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel and a mandatory membership of all lot owners in the Association for each of the Residential Parcels. The Associations shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within each of the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association for each of the Residential Parcels will be responsible for the CHO1/12439329.1 30 regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within such Residential Parcel and for the yards and buildings on the private lots on which townhomes are constructed. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of townhomes on the townhome lots and shall utilize each Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are depicted on Exhibit L attached hereto. B. Dormant Special Service Areas. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a separate Dormant Special Service Area(DSSA) for each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel to act as a back up in the event that any Homeowner's Association within a Residential Parcel fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage. 28. ON-SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with OWNERS and 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 OWNERS and DEVELOPER. If any CH01/12439329.1 31 easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels 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 OWNERS and/or DEVELOPER as stated in Exhibit M, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The costs of burying any existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY. 29. CURB CUTS FOR COMMERCIAL PARCEL. The CITY agrees to cooperate with OWNERS in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of ( ) curb cuts and street access on Galena Road and ( ) curb cuts on Route 47 to the Commercial CHO1/12439329.1 32 Parcel. The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, subject to the approval of the CITY and any other governmental agencies with jurisdiction. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8/11/20 and shall enter at all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of those public improvements (the "Commercial Project Improvements") within or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel and (ii) do not qualify to be funded by the special service area established for the Conventional Residential Parcel under the provisions of paragraph 22 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (i) The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER/DEVELOPER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest CHO1/12439329.1 33 paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $ (ii) The amount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 5% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers)to the date of reimbursement. (iii) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to OWNER/DEVELOPER or its assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER/DEVELOPER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. If event construction does not start within said two year period, the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. (iv) During the reimbursement period the CITY shall pay to OWNER/DEVELOPER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or CHO1/12439329.1 34 successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (a) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest); (b)the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns. 33. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after CITY's approval of fmal engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT"), so long as such access permits CHO1/12439329.1 35 have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s) have not yet been issued. 34. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 35. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in 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 and 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 other CHO1/12439329.1 36 documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 37. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 38. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue an agricultural use upon all or any part of the SUBJECT PROPERTY until each such part is developed pursuant to this Agreement. 39. GENERAL PROVISIONS. CHO1/12439329.1 37 A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the 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 obligations of OWNERS hereunder with respect to the Commercial Parcel shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel. 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 a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. 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. CHO1/12439329.1 38 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid, addressed as follows: If to OWNER: MPLIV 10, LLC Attn: Tele: Fax: with copies to: MPLIV 20, LLC Attn: Tele: Fax: MLH Yorkville, LLC Attn: Tele: Fax: and copy to: Attn: Tele: Fax: CHO1/12439329.1 39 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian Brunhofer Tele: (847) 841-3500 Fax: (847) 783-0892 with a copy to: Gardner Carton&Douglas LLP 191 North Wacker Drive Suite 3700 Chicago, IL 60606-1698 Attn: Charles L. Byrum Tele: (312) 569-1222 Fax: (312) 569-3222 If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk Tele: (630) 553-4350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630) 553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(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, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the CHOI/12439329.1 40 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 SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. 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 SUBJECT PROPERTY,whether improved or unimproved. H. 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 SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. CHO1/12439329.1 41 J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. 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. M. 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. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the fmal plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at CI-101/12439329.1 42 law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or fmal plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or fmal plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. 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 SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. CH01/12439329.1 43 S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: MPLIV 10, LLC By: Name: Its: MPLIV 20, LLC By: Name: Its: MLM YORKVILLE, LLC By: Name: Its: CH01/12439329.1 44 DEVELOPER: PULTE HOME CORPORATION By: Name: Its: and By: Name: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Attest: Name: Its: CH01/12439329.1 45 LIST OF EXHIBITS EXHIBIT A Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2 Depiction and Legal Description of R-2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT D Preliminary Plan For Subject Property and Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT E: List of Variations for Age-Restricted Parcel EXHIBIT E-1 Utilities and Public Improvements EXHIBIT E-2 Off-Site Street Improvements EXHIBIT F List of Current City Building Codes EXHIBIT G Fee Schedule EXHIBIT H School Contribution EXHIBIT I Park Contribution EXHIBIT J Signage EXHIBIT K Form Recapture Agreement EXHIBIT L Common Facilities EXHIBIT M Perimeter Roads for which Developer has responsibility EXHIBIT N Pulte Anti-Monotony Policy CH01/12439329.1 46 EXHIBIT A LEGAL DESCRIPTIONS AND PLAT OF ANNEXATION OF SUBJECT PROPERTY CHO1/12439329.1 EXHIBIT`B-1" DEPICTION AND LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL CHO1/12439329.1 EXIIIBIT B-2 DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL CHO1/12439329.1 EXIIIBIT C DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL CHO1/12439329.1 EXHIBIT D PRELIMINARY PLAN FOR SUBJECT PROPERTY AND PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL CHO1/12439329.1 EXHIBIT E LIST OF VARIATIONS FOR AGE-RESTRICTED RESIDENTIAL PARCEL CHOI/12439329.1 EXHIBIT E-1 UTILITIES AND PUBLIC IMPROVEMENTS CHO1/12439329.1 EXIIIBIT E-2 OFF-SITE STREET IMPROVEMENTS CHO1/12439329.1 EXHIBIT F LIST OF CURRENT CITY BUILDING CODES 2000 International Building Code (Ord. 2003-01)with three amendments: (i) Stair height and risers (Ord. 2003-08) (ii) Energy Code(Ord. 2003-05) (iii) Sprinklers on two or more attached residential units (Ord. 2003-008) CHO1/12439329.1 EXHIBIT G FEE SCHEDULE CHO1/12439329.1 EXHIBIT H SCHOOL CONTRIBUTION CH01/12439329.1 EXHIBIT I PARK CONTRIBUTION CHO1/12439329.1 EDIT J SIGNAGE On-Site Signs shall include the following: 6 Community ID Signs 20 x 10 ft. illuminated Double-faced 6 Directional Signs 6x4 ft. Double-faces or A-Frame type (5 x 3) And 2 sets of the following(one each for single-family and multi-family): 1 Information Center Sign 3x4ft. Double-faced 9"x 16"DF Hours Panel 1 Guest Parking Sign 3x4ft. Double-faced 10 USP Signs 2x2 ft. Double-faced *Always include Pulte Mortgage and Pulte Warranty Info 1 Model ID Sign per Model 7"x 24" Double-faced 3 Flag Poles Illinois Flag US Flag Pulte Flag 8 Open Flags 1 Awning Off-site signs within United City of Yorkville are subject to City approval. Monument signs are subject to City approval. The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. CHO1/12439329.1 EXHIBIT K FORM RECAPTURE AGREEMENT CHO1/12439329.1 EXHIBIT L COMMON FACILITIES CHO1/12439329.1 EXHIBIT M PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY CHO1/12439329.1 EXHIBIT N PULTE ANTI-MONOTONY POLICY CH01/12439329.1 a _ , :q ., i --- PRIMARY ENTRANCE FOR V w ? ROADWAY CONNECTIONS • PROVIDED TO.;AUGN WITH THE 50' LANDSCAPE HU FFER _-;,-r i CONVENTIONAL NEIGHBORHOOD . >. ADJACENT APPROVED PLAT _- L PROJECT .. LINE:ROAD_ _ - BASE 11111111111//► . r,- it/illi 1i/Il e . :' frC--110,!,', t ,„t ,�. '" x; 'jrag ',Irk ♦� �.-.Y`rya' i "..•L4 -,\i��' T3 "_•r—]� — --_'' iiM y_� .il 11� , . ME �.F-! •f, t t ✓ `3 t ; =S.- r + _ N.*4iiiiiuiu.1/4 �� ♦fit 11 d. . .-4.--:-. 1--.., ..., ..,,.. `} Y � = -_ .a�lC-Ilia ■,11, In, •4 ' ♦1 wows . � .4 •, e i_'•,,,,•r -..,, ' :;,47,..--:,:"-.7 • t. r. !!1 !�N - �,.0111111 _- MO a;3:+if -.... `.�,--•.1 r` .x"10- - .. _ t _ ..:ly/ '-I"� •� 6.11r- ' jLWI4VUI '♦L -- . :�s:a- +{ i :+e�-+ 4-'.'}+r• 2J; ,�j{ r: • Ilin1,11.'" �. F•�� 11 _- --r i t ��I�f 4 r� `. 1^ 4 i F 4-nre-+y x -- ' r: i• . _,, • /- :I y"-i -- " ' 3 '' ' i i;-= OPPORTUNITY FOR ATTACHED ? -- / � b ,, .. s r,r t . --t� , -� .,,�i'if*•-•✓<• ',r[-E :��"r _n.- 4 1-:71:1_ s a/r.'-'�,�� e+� t Z-��� `i FAOY < ► {{ ��• �; � • i j y' {' 3 ••":: a i. COhWI�ITESOSMOOEL PARK •�� �Rir1 A, • , �. " '' "� Z "r �- ROAD TERMNATES ailI.� ioaa MODEL PARK LOCATED ' ' t-7.-,- �C WITH YEWS INTO; �r, - ,`•, 1110 Il' ADJACENT TO:AMENTY.CENTER. ..t',.'''',,,--, ` ' AMENITY CENTER VICINITY MAP DRAWINGN.T.S. 0 =a 1 ' - bVERLOOKNG,LAKE:c7: .�«, .�irSitl►fli! , �. -.�� _- --.--� -- -,-.-1---,-.._7: I - �,.;�,s:-�1 ,�-.i -,f-.L� _. _ - �'mit APPROXIMATE.LOCATION-OF r rc� '- `" ' v 1 i • ���� �_`""" t f EXISTING 100 -YR. FLOODPLAN: • i' DRAMATIC VE.:WS AT-- ; •_•-,--_,_--: �` - INI�,,,,.�� '�. .1�t. ',` �IIIIIUI� r 3�1,._ O.V�E;MNIMUM 8'-10' BERM WITHIN- TERMINUS DF.:ENTRY.-DRIVE - Ns ��S MU LTAIN SSCAPE BUFFER!ALONG IL.ROUTE'47:' �1111111,11PEINNISIBIPPIr 71- 1111101.1& 1• E' ! tjlf IMP COMMUNITY-ENTRY COMMUNITY.:ENTRYr '11� lar ,,, : ` �� eivi•�� 4110, WATER`FEATURES PROVIDING ,. .: , , .•. ��� 1/ '• naLPI NIIIIII � 1__,„,,,Ry. OPEN,VIEWS 3.PROVIDING L_.5W L.ANDSCAPEcBUFFER , 1 �'� `� ,1 ..#�`. .. �� -�-:- r� ` • ��► TO' XISTN GREEK PRSIiIARY COMMUNITY;' ` =es `�� _ y i4 � gm � 5 .0 -W. • ~ �fNi; - � �-,,1� , s� ALIGN WITH"ROAD-ACROSS ENTRY :; lwali „`�,' , ;` rs: R ' �` • (�z f �(, �r , Ima :r4M`� ROUTE 47 FUTURE SIGNAL` 1 , ��� 9 ..s.% r .I !Et LOCATION P.111111 ' El? 4 _ I 1111 41� Ali ii11nr/ J ' ` \ IiI r >s 12 FLITCITY•ROADWAY-PER OF YORKVILL.E ,,,�,�+ - + . g quil� &? �' ',��� �'��� :I; gROADWAY':PLAN �� 1SII s y ♦ : • Axiom 1 :;7 I Or 441.1111, �" � Nile 1, 9 j , �• `' ,-.X, 1 LAND USE SUMMARY i • ,�,. -- - - �- 11 I t . �% �� NET GROSS jjj Q} r 1. - Ill 10 `` is .' L � + •• 3 I I I ATTACNEG 3.8 A�$ ,&'4;1 .1. .•f �. 1l I f - 1 I cusaC' i/5 AC`_� �� •• • I : � ,,,�, ' it", .. 6 I•: ,� I 1 PREMIER 51.8 AC``- �,� * fr e� ' ` I_.< f '�,, ` �� ,, r � r a j IEi i.4C. 81?UNITS 4.8 DU/AC :84 % f i ` .� .� I �,, ,G�� ; ,,� I : c x ® COMMERCI.4 3rD AC 57 % 'Ay 50' LANDSCAPE BUFFER I • �I t1I `'�`��I +F AMENITYCQREP LAC 46 ; ll AP - t DFTEtRIONE 4' f 8% 1:1 -.+h - ; _ }' } ' , rr rt•tt�� Ellr , ` i f,,,,..,---4v1-.1 SU6TOTAl .866 AC 811 UNITS 4.8 DUTAC ..E DU/AC 488 % - r • 'BUFFER;SEPARATION"BETWEEN= e4 �.. 111lj�, •0 _ A i 4 a, 4 3f ate DITIONIAL AND:ACTIVE=ADUL t` -....1 NET GROSS r},• �7�. �a / 0. /, t='. , CONVENTIONAL ACRES UNITS DENSITY' DENSITY 1 i w,, • _. .' NEIGHS- ()RHO' ODS.. 4..-- L l~ l - _ r rt t •/ J� R5 `.'i C e TS 3;g c `i'I \ Imo' . , I I CONVENTIONAL .1_ AC d84 UNITS_ DU/AC % tstimmi `'"< .y 1 '. -.`[�'- '_'-�•-.1--+r7'om � /r . 7 ,1.sF" .lc AC 4°.i UNITS .^LUiAC ;;,,,,,,,...4,,k ,_., + '-7...Z7'1."'.;--- / .n a ,r- ,. SCHCiO!'P=RK 1 _'AC 7.6"S TRAIL SYSTEM:LiNKNO••NEIGHBORHOODS p '+•+.-F" _ #••.t '.>' �" J: ; *V ' _ OPEN SPACE .7 a AC 4-% TO LAKE AND AMENITY CENTER r {-yv-� DETQfTi041 5D a 4 4% ...',.14'4"A �' ' 3 _ • __ T. °fi- "'Ck,7a' �� �''''`�s• _ _ 4 y� P.O4'i 8:AC 15 Y V10-'4' „a r J fP. 4 -. J s :`DRAMATIC VIEWS•AT r. � ��\ I e h" t w, ; _ SUBTOTAL - e t C 404 UNITS :DUTAC 1.6 Dli/F.0 51_ .L r ,� � Ni.s TER1riNUS OF_ENTRY DRIVE -,,� DRAMATIC VIEW OF '",:•••',,-. 7-TA' 5663 AC I.:IS UNITS 33 DUTAC -:DU(AC 100 % r - r .r.2.1..,,,:----- :-____- 1 r • —t ' .,.; Y ?' _ .+ r'>f`,y Ir.'"- ; OPEN'SPACE AT ,..fl,�.. ' •INCLUDES ACREAGE AND UNITS FOR THE 010005 PARK - " f r I. ` •-••-• 'SECONDARY ENTRY, COMMUNITY ENTRY ACREAGE INCLUDES 03 ACRES OFRIGNT OF WAY t '3 P !te0 e 8OO 1600 Scale: 1"=800' SEC Planning Consultants1 YORKVILLE PROJECT NORTH Date:August 19,2005 r I'I,rnnurr • 1,1,7,1,4 Ar.irr 64/11•1torr• •I irmnnrnrty Brun hnq P U LT E HOMES SHEET VILE 7'2 e4 leb.04OSA3.WEee:AfirymnganEs20 A.'4 rr��' •. Base mapping compiled from best available information.All map data YORKVILLE, ILLINOIS should be considered as preliminary,in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. tit CirUnited City of Yorkville Memo " 800 Game Farm Road ESTy836 Yorkville, Illinois 60560 Tele hone. 630-553-4350 L � p ,u r `0 Fax: 630-553-7575 Date: September 9, 2005 To: Mayor and City Council From: Lisa Pickering, Office Assistant Agenda Item: Consent Agenda #4 — Development Agreement and Rezoning for Robert and Debra Dearborn— 201 S. Main Street and 204 Hydraulic Avenue was not available at the time packets were produced. This item will be available as soon as we receive it and distributed in a supplemental packet. Any questions please contact City Attorney John Wyeth ,coo cryo United City of Yorkville Memo leD '" 800 Game Farm Road EST.141836 Yorkville, Illinois 60560 Telephone: 630-553-4350 � et17.. Fax: 630-553-7575 Date: September 12, 2005 To: Mayor and City Council From: Lisa Pickering, Office Assistant CC: Department Heads Subject: Additional information for City Council packet— September 13, 2005 Attached please find additional information for your City Council packet. First is the Consent Agenda Item#4—Development Agreement and Rezoning for Robert and Debra Dearborn. Second is Public Safety Item#1 —Purchase of Chevy Tahoe. Please add this information to your City Council packet. AGREEMENT This Agreement, hereinafter referred as to "Agreement", is entered into this day of September,2005,by and between,Robert Dearborn and Debra L. Dearborn,hereinafter referred to as "OWNERS", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as"CITY". The OWNERS and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNERS are the OWNERS of certain real property, hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth;and WHEREAS, the Property is generally located at the northeast corner of Main Street and Hydraulic Avenue in the City of Yorkville, and consists of a vacant lot and a single family residence. The OWNERS are seeking to rezone the property with B2 zoning, and the CITY is agreeable to such zoning,based upon the OWNERS planned intention to construct a two-story brick building on Parcel A of the Property. Said building will have brick on all exterior walls, and will have space for business use on the lower level and apartments on the upper level. WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNERS, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any subsequent OWNERS of the property; NOW,THEREFORE,the CITY and the OWNERS,in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNERS hereby agree to comply with all CITY ordinances pertaining to the construction of the proposed building on Parcel A of the Property. - 1 - ARTICLE II ZONING The CITY agrees to adopt an ordinance rezoning the properties identified in Exhibit A from their present zoning of Residential to B2. ARTICLE III BUILDING The building on Parcel A of the Property shall be a two-story building,consisting of a brick exterior on all walls, with business use on the lower level and apartments on the upper level, in substantial compliance with the representation contained in the attached Exhibit B. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to zoning,building requirements, and related restrictions,as they presently exist, except as amended,varied,or modified by the terms of this Agreement,shall apply to the Subject Property and its development for a period of five(5)years from the date of this Agreement. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement approved and executed by the OWNERS and CITY. ARTICLE V MISCELLANEOUS PROVISIONS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest,assignees,lessees,and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part,sentence,paragraph,section,or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail, postage-prepaid,return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. -2 - If to OWNERS: If to CITY: Robert and Debra L. Dearborn United City of Yorkville 213 South Bridge Street Attn: Tony Graff, City Administrator Yorkville, Illinois 60560 800 Game Farm Road Yorkville,IL 60560 With a copy to: With a copy to: Attorney Robert P. Pilmer Law Office of Robert P. Pilmer, P.C. Attorney John Justin Wyeth P.O. Box 367 City Attorney Yorkville, Illinois 60560 800 Game Farm Road Yorkville,IL 60560 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. OWNERS United City of Yorkville, Illinois By: Robert Dearborn Mayor ATTEST: Debra L. Dearborn City Clerk - 3 - Exhibit"A" Legal Description of Property Parcel A: Lot 1 in Block 2 of Black's Addition to Yorkville, except the Westerly 6.36 feet thereof and except the Southerly 31.20 feet thereof,in the United City of the Village of Yorkville, Kendall County, Illinois. PIN: Commonly known as: 201 South Main Street, Yorkville,Illinois 60560 Parcel B: The Easterly half of Lot 4,the Southerly 31.20 feet of Lot 1 and the Westerly 6.36 feet of said Lotl, all in Block 2 of Black's Addition to Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois. PIN: Commonly known as: 204 Hydraulic Avenue, Yorkville,Illinois 60560 -4 - C_`R . 4i/A. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT AND REZONING FOR ROBERT DEARBORN AND DEBRA L.DEARBORN FOR PROPERTY LOCATED AT 201 S.Main Street and 204 Hydraulic Avenue WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement (Attached hereto and made a part hereof as "Exhibit"A")pertaining to the Approval of a zoning change and development of real estate described in the Development Agreement be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Development Agreement are ready, willing and able to enter into said Development Agreement and to perform the obligations as required hereunder; and WHEREAS, the procedures for the execution of said Development Agreement have been fully complied with; and WHEREAS, the property described therein shall become rezoned to the Zoning Classes and uses as further defined in the Development Agreement. Page 1 of 3 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, a Development Agreement concerning the rezoning of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof as Exhibit"A" Section 2: The Property described for rezoning in Development Agreemetn(Exhibit "A") is hereby rezoned to the zoning classes and uses as stated in the Development Agreement. 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 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 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 1 �- STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE ADOPTING A MAP AMENDING AN AREA IN THE NORTHWEST PORTION OF THE CURRENT COMREHENSIVE LAND USE PLAN FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Plan Commission of the United City of Yorkville has duly published notice for and has held a Public Hearing for public review and comment on an amendment in the form of a Map of the Comprehensive Land Use Plan for a portion of the Northwest Area of the United City of Yorkville(hereinafter"Amendment Map"); and WHEREAS, the City Planner, Schoppe Design Associates, as well as City Staff, Plan Commission, and City Council acting as a Committee of the Whole all on behalf of the United City of Yorkville have all had substantial input into the creation of the Amendment Map; and WHEREAS, the Mayor and City Council of the United City of Yorkville deem it to be in the best interest of the City to provide for orderly growth and planning for future growth for the United City of Yorkville: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting that the City hereby adopts and does make official the an amendment in the form of a map("Amendment Map") to the Comprehensive Land Use Plan for a portion of the Northwest of the United City of Yorkville, said Amendment Map being attached hereto and incorporated herein as Exhibit"A" as more fully set forth in full therein, until said Comprehensive Plan is modified or updated as required under the Illinois Compiled Statutes. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2005 by the City Council of the United City of Yorkville. 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 4 r E 145 -alb> -- . allil‘illIP. •••• II 14 oft* iiii, Q 1/' ' ` � . o' ,moi.. _• � �. v jilFt '' :' ,: i' - ,-,,.:'-..:,.,,:,:,., m l jI . II YORKVILLE SCHOOL DISTRICT I_ i PLANO II SCHOOL DISTRICT -- i — ii L y. mwca. .-� z .. S I - -- -- ----,-----t---7---77-ii--- ,. . ,.....--,-. .. 2,, .t I � - 1 ` wig 1 ' FFR' ,; PNS INDEX: I 6, \% ,IMP4 ..-'' R` LAND USE -,74-4 �� �� �.j�` Aj i I I ESTATE NEIGHBORHOOD EMI PARK/OPEN SPACE �� � .y I I SUBURBAN NEIGHBORHOOD II EXISTING ROADS r-.---'•-',.:-`13,174111101.10 0" TRANSITIONAL NEIGHBORHOOD , Rr; I I 7....°10..1 PROPOSEDROADS �I w ,% a IL_1gpk.' ®,��yd�VRI!" L} URBANNEIGHBORHOOD �I PROPOSED PLANNING AREA BOUNDARY TUDYAREAi�I � �; TRADITIONALNEIGHBORHOOD SCHOOL LIMITS �,� � ® COMMERCIAL V//�I EXISTING INDUSTRIAL SPECIAL ' � � fi USES IN KENDALL COUNTY- ANY RESIDENTIAL , !o / INDUSTRIAL /fl,����1. .rte DEVELOPMENT ADJACENT TO EXISTING INDUSTRIAL Mr." -' ;`7�itr I OFFICE/RESEARCH/INDUSTRIAL SPECIAL USES SHALL PROVIDE ADEQUATE liiti �� BUFFERING BETWEEN THE RESIDENTIAL AND +� "f ' INDUSTRIAL USES. r SCHOPPE DESIGN ASSOCIATES INC. 600' '�°° 2400 Landscape Architecture and Land Planning 0 Scale: 1" = 1200' /26 S. AIAINSTREET PH.(630)551-33.5.5 NORTH Date: July 29, 2005=071,22000'05 OSWEGO,IL 60543 FAX(630)551-3639 Rev1: September 07, 2005 P " 800 Game Farm Rd. The United City Of Yorkville COMPREHENSIVEROPOSED PLAN AMENDMENT MAP 1 ' °g Yorkville, IL 60560 .' ' 630-553-4350 UNITED CITY OF YORKVILLE Base mapping compiled from best available information.All map ILLINOIS ta shboneed reliminary,in need of verification,and subject to change.ouldecs Tihisrdl p plan is conceptual in nature and does not represent any regulatory ap daproval. Plan is subject to change. CIA '7 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION ADOPTING UNITED CITY OF YORKVILLE SPONSORSHIP POLICY WHEREAS,the City Council of the United City of Yorkville established a policy for sponsoring worthy events under predetermined guidelines by its Resolution 2005-35 passed by the City Council on June 28,2005; and WHEREAS,the City Council desires to update the policy and the related request form,and WHEREAS, a copy of said updated policy and request form is attached hereto and incorporated herein as Exhibit"A"and said Exhibit A shall supersede and replace the policy and related request form attached to Resolution 2005-35 and become the Sponsorship Policy(and related form)of the United City of Yorkville. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the UNITED CITY OF YORKVILLE hereby adopts the updated Sponsorship Policy(and related request form)attached hereto and incorporated by reference herein. This resolution is effective immediately upon passage. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 26,2005. 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 Absent Wolfer Present Ward III Ohare Present Munns Absent Ward IV Besco Absent Spears Absent Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. 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,August 22,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,August 18,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,August 4,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,August 1 I,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M.,Tuesday,August 9,2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC MEETING On Street/Overnight Parking Restrictions from 1:00 A.M.to 6:00 A.M. Mayor Prochaska explained that the public meeting was to obtain input from residents regarding the proposed parking restrictions. He noted the new language for the restrictions was in Exhibit "A". He opened the floor for public comment. Anne Engelhardt,312 E.Blackberry Lane,addressed the City Council. She expressed her support for most of the concepts of the restrictions however she voiced concerns regarding residents such as herself who have small garages and short driveways. She stated that if the restrictions were put into effect on her street there would be times when her family would be forced to park on the grass and she asked if they would be ticketed for this. Also,she was The Minutes of the Regular Meeting of the City Council—July 26,2005-page 2 concerned with last minute overnight guests who may have to park on the street. She questioned who should be contacted in the event of this. She stated that if the restrictions are to address problems with street cleaning,residents should be given specific dates so cars can be removed from the street. She agreed that there is a problem with large commercial vehicles being parked on residential streets however a law shouldn't be passed that will affect all the citizens when there is a small amount of offenders. She suggested special permits for cars needing to park on streets overnight. Mary Unterbrunner,418 Jackson Street,addressed the Council. She asked what prompted the need for parking restrictions. She also questioned if the restriction was needed because of a safety issue:she did not feel there was a lot of traffic from 1:00 a.m.to 6:00 p.m.to warrant a ban during those hours.She made the suggestions that specific dates be assigned for street sweeping and possibly allowing parking on one side of the street. She stated that she did not support the ordinance. Van Truman Park Board Member and resident,907 State Street,addressed the Council. He asked the City Council where the need came from for such a comprehensive ban. He stated that he understood the need for emergency vehicle access on streets however he felt that the proposed ordinance was over overreaching and intrusive to many residents. He asked what resources the city had to commit to enforcing the ordinance. He commented that a parking ban was placed on a portion of John Street and that he did not remember seeing any notice of public input before this was enacted. He stated that he felt this ban was counterproductive to park usage as it was placed on the portion of the street near the park. He encouraged the City Council not to approve the ordinance. Mayor Prochaska explained to Mr.Truman that the parking restrictions on John Street were made at the request of residents in the area. Eric Swanson,464 Landmark Avenue,addressed the City Council on behalf of the residents of the Longford Lakes condominiums. He stated that when this area was developed,a designated parking area for residential parking was not planned for. He stated that the design of the driveways in the subdivision don't accommodate all the vehicles in the development however the streets were designed wide enough to have parking on both sides of the street. He suggested that street parking be grandfathered in for the older areas of the city. He read a letter written by Carol Smith of Avenue 1000 Reality on behalf of the residents of Longford Lakes Condominiums expressing opposition to the parking restrictions(see attached). Mr.Swanson asked the Council to reconsider the ordinance. Mark Gilmore,406 Bruell Street,addressed the Council. He explained that he had three vehicles but only a two car garage. One vehicle is a commercial vehicle he makes a living with and it would be inconvenient to park this vehicle elsewhere. He stated that he has lived in Yorkville for sixteen years and if the parking restriction ordinance is passed he did not know what choice this will give him for parking. Carol Foster,1312 Chestnut Circle,explained to the City Council that she lives in the Fox Hill subdivision and there are large commercial vehicles that park in the area for days at a time. She stated that there are nice homes in the area and she did not feel it was fair to look out at one of these vehicles everyday. She also addressed parking on John and Sycamore Streets;she stated that if cars are parked on both sides of the street it is impossible for homeowners to back their cars out of their driveways. She stated that she would like to see no parking on either side of the street and supported the parking restriction to one side of the street. Tony Robinson,655 White Oak Way,stated that he saw no problems with parking in his subdivision other than the times when people park in their driveways and block the sidewalks. He stated that if the ordinance is approved,a number of residents in his area would incur parking problems. They would have to decide which ordinance to violate;park on the street or block the sidewalks. He asked if the City Council had any statistics to support the ban between 1:00 a.m. and 6:00 a.m.He stated that he did not know of any children playing on the streets at this time and he felt there are bigger safety issues during the hours when the school buses are running. He stated that he felt it was absurd to ban parking when it is not needed. Brian Payne,307 E.Kendall,explained that he is a painter with a commercial vehicle and does not have a garage that will accommodate it. He stated that he needs his vehicle to make his house payment and pay taxes. He asked if the restriction would affect his parking the van in his driveway. Mayor Prochaska explained that the purpose of tonight's meeting was to receive resident's input. Paul Grayla,404 Bruell Street,explained that he is a neighbor of Mark Gilmore. He stated that Mr.Gilmore needs his work vehicle to make a living and the City Council should try to figure out a way to accommodate people like Mr.Gilmore. The Minutes of the Regular Meeting of the City Council—July 26,2005-page 3 Jean McBride, 1212 Evergreen,stated that when the ball field is busy in Fox Hill there are cars parked on both sides of the street;sometimes even in the wrong direction. She stated that children run out from between the cars to chase a ball which creates a danger. She stated that she has a friend who lives I the townhomes in Fox Hill which have limited parking and the streets are crowded.She felt the restriction might help this area. Her biggest concern was commercial vehicles parking on the streets. She also noted a contractor's van which is parked on Cannonball Trail which is difficult to see around.She supported a ban against large trucks parking on the streets. Jeff Lacey,405 Bruell Street,expressed his support to the parking restrictions because there is a tractor trailer which parks across the street from his driveway and makes it difficult for him to back out of his driveway. Chris Moment,221 W.Kendall,explained that he drives a commercial work vehicle. He stated that the City Council should not pass anything that would adversely affect people who are self employed or who advertise their place of employment on their vehicles. He stated that it is helpful to see contractor's trucks in the event a person needs an electrician,plumber,etc. He noted that police cars park on driveways which are great for the neighborhood however they are also lettered. He asked the City Council to consider a more accommodating ordinance. Myrla Randall,501 So.Main Street,stated that she was concerned with the wording in Exhibit "A",Section A because it does not address the streets without curbs. She asked if this would apply to every street in Yorkville. There were no further public comments. Mayor Prochaska reiterated that the purpose of the meeting was to get input from residents. He asked the City Council to consider the comments and suggestions received tonight and take a closer look at the ordinance. He opened the floor for comments from the City Council. Alderman Ohare suggested separating the sections of Exhibit"A"into two separate ordinances. She also suggested that the widths of the streets be consider before restricting parking on them. She also noted that the Public Safety Committee discussed that the street restrictions would only apply to curbed street. She stated that the Committee also discussed issues such as snow plowing and large commercial trucks(semis)parked on the streets. Chief Martin noted that there is already a city code under the zoning ordinances which prohibits the parking of commercial vehicles in driveways. He stated that the Police Department does not enforce this and the applicable ordinance is being reviewed. Alderman Leslie thanked everyone for attending. He stated that some people do not want trucks with lettering parked in their neighborhood. He stated that he has issues with commercial trucks parked in his subdivision;one which parks on a corner and obstructs the view and another who parks with a trailer with a backhoe on it. He stated that he felt that an ordinance was needed and that he appreciated the resident's input. Dale Woodworth,508 E.Main Street,suggested that streets should have a standard width of 30- 33'. He also noted that houses with three car garages have the driveways come to a width of 24' at the street. He suggested a larger width be allowed to accommodate more vehicles in the driveway. Mayor Prochaska stated that the driveway widths are according to the building code and that this may need to be reexamined. He suggested bringing the parking restriction ordinance back to the August 2,2005 Committee of the Whole(COW)meeting because half of the City Council was absent tonight. He invited the public to attend the COW meeting. Mayor Prochaska read a letter dated July 16,2005 from Alice Woodworth regarding the parking restriction(see attached). There was no further discussion or comments. PUBLIC HEARINGS None. CITIZEN COMMENTS None. The Minutes of the Regular Meeting of the City Council—July 26,2005-paee 4 PRESENTATIONS Library Bond Sales Kevin McCanna from Speer Financial presented the results of the bids for the$7,250,000.00 General Obligation Bonds,Series 2005B. He stated that three bids were received earlier in the day and it is Speer Financial's opinion that the bid of LaSalle Capital Markets,a division of ABN AMR()Financial Services,Inc.of Chicago,Illinois is the best. They recommend that LaSalle Capital be awarded the bid at a price of$7,350,255.10 plus accrued interest at an interest rate of 4.3555%. He further explained that the city will not need to issue any more bonds for the library due to contributions from developers. He also informed the City Council that Standard&Pours has assigned a rating of"A-"to the United City of Yorkville. They noted that the rating reflects the General Obligation Bonds pledge of the City along with its proximity to the strong DuPage County area economy,above-average income and wealth levels and its sound financial position however"a high debt burden and looming growth pressures offset the above strengths." Mr.McCanna then reported that Fitch Ratings has assigned a rating of"A"to the City. Their rating is based of the City's rapidly growing tax base,above-average wealth levels and consistent financial performance guided by strong planning and prudent budgeting. There were no questions for Mr.McCanna. Alderman Ohare expressed her pride in the staff for a job well done. Mayor Prochaska thanked Mr.McCanna and Finance Director Traci Pleckham for their work with the bids. CONSENT AGENDA I. Treasurer's Report for May 2005 2. Countryside Interceptor—award contract to Glenbrook Excavating&Concrete in an amount not to exceed$1,241,863.00 3. Resolution 2005-48-IDOT Highway Permit&Resolution—Raintree Village Offsite Sanitary Sewer-authorize the Mayor and City Clerk to execute 4. Resolution 2005-47-IDOT Highway Permit&Resolution-Grande Reserve Route 34 Widening and Signalization—authorize the Mayor and City Clerk to execute 5. Beaver Street Water Booster Station Repair-approve repair by Engineering Fluids in an amount not to exceed$20,000.00 6. Contract B.1—Wells No.3 and 4 Well House and Treatment Facility—award contract to Whittaker Construction&Excavating,Inc.,in an amount not to exceed 1,819,000.00 notice to proceed upon receiving authorization of the IEPA and approval of the IEPA Public Water Supply Low Interest Loan 7. Contract B.2—State Street Finished Water Main-award contract to Swallow Construction Corporation in an amount not to exceed$564,330.00 contingent on the authorization of the IEPA and approval of the IEPA Public Water Supply Low Interest Loan or Alternate Revenue Bond Sale 8. Contract B.3—Wells No.3 and 4 Raw Water Main and King Street Finished Water main-award contract to Swallow Construction Corporation in an amount not to exceed 1,372,767.00 contingent on the authorization of the IEPA and approval of the IEPA Public Water Supply Low Interest Loan or Alternate Revenue Bond Sale 9. Sunflower Park Equipment—accept Option#1 for the equipment and park amenities in an amount not to exceed$55,802.00 as recommended by the Park Board Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Leslie-aye,Wolfer-aye,Ohare-aye,Prochaska-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting from May 17,2005;seconded by Alderman Ohare. Motion approved as corrected by a viva voce vote. The Minutes of the Regular Meetine of the City Council—July 26,2005—pare 5 BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 17,2005 totaling the following amounts:checks in the amount of $1,209,846.95(vendors);$166,682.47(payroll period ending 7/9/05);for a total of $1,376,529.42 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Leslie-aye,Ohare-aye,Wolfer-aye,Prochaska-aye REPORTS MAYOR'S REPORT Proclamation for National Night Out Mayor Prochaska read a proclamation for National Night Out,August 2,2005(see attached). He asked for a vote of ratification from the City Council. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-5 Nays-0 Ohare-aye,Wolfer-aye,James-aye,Leslie-aye,Prochaska-aye Del Webb Tour—August 1,2005 Mayor Prochaska reminded the City Council that there would be a Del Webb Tour to Hinckley, Illinois on August 1,2005 at 6:30 p.m. The tour will begin at the grill on the Del Webb property. Human Resource Commission Mayor Prochaska reported that he received a letter of resignation from Wendy Gatz on the Human Resource Commission. He noted he is looking for someone to take her place. He welcomed any one who is interested to fill out a form at City hall Oswego Fire Protection District Mayor Prochaska reported that he received a letter from the Oswego Fire Protection District (OFPD)asking the City to meet with them to discuss donation fees in the event Yorkville annexes into their district. He asked Administrator Graff to contact them to setup a meeting. ATTORNEY'S REPORT Ordinance 2005-64 Authorizing the United City of Yorkville to Borrow Funds from the Public Water Supply Loan Program(IEPA Loan) Attorney Wyeth reported that this is a house cleaning ordinance. According to the Illinois Environmental Protection Agency(IEPA)the entire text of the ordinance needs to be published. Mayor Prochaska noted that the City Council originally voted on this in February 2005 but because the IEPA is requiring that the entire ordinance be published this ordinance needs to be approved in order for the City to continue on its quest for a low interest loan. Mayor Prochaska entertained a motion to approve an ordinance authorizing the United City of Yorkville to borrow funds from the Public Water Supply Loan Fund and republish the Ordinance and Notices for the IEPA Loan. So moved by Alderman James;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-5 Nays-0 Ohare-aye,Wolfer-aye,James-aye,Leslie-aye,Prochaska-aye Robert's Rules 101 Attorney Wyeth went over the nights updated"Desk Guide"of the Robert's Rules(see attached). He added the definition of the main motion which is the motion that begins the process of the body taking action. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. The Minutes of the Regular Meeting of the City Council—July 26,2005—paee 6 FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the well gained another foot and is anticipated to rebound with the forecasted rain and cooler temperatures. CHIEF OF POLICE REPORT Public Works Commendation Chief Martin reported that he gave the Public Works Department a commendation for their quick response to the recent severe car accidents. He stated that they were very helpful in securing the area. He noted that it is important for the departments of the City to work together and it shows the community that the City has a great group of employees. Citizens Police Academy Alumni Chief Martin reported that the Citizens Police Academy Alumni(CPAA)also helped at one of the accident scenes. They also were at City Hall on Sunday,July 24,2005 from 8:00 a.m.to 7:00 p.m.to help those who did not have air conditioning and needed a place to cool off. He thanked them for their help and expressed his pride in their community spirit. Alderman James asked how residents knew to come to City Hall to cool off. Chief Martin stated that the information was published in the Beacon News and the Police Department was also giving out information when they were contacted by concerned residents. Mayor Prochaska expressed his appreciation that the city departments were working together and he thanked the CPAA for their support of the community. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that the Movie in the Park on Saturday,July 23,2005 was rescheduled due to the heat. She also reported that there would be a special concert in the park on Friday,July 29,2005 where the Yorkville Community Band will be performing. COMMUNITY&LIAISON REPORT School Board Alderman Ohare reported that she attended the School Board meeting where Dr.Engler complimented City Intern Bart Olson for his diligent work with some paperwork. Liaisons Mayor Prochaska reminded the City Council that there are liaisons from each of the committee and he asked them to make sure these liaisons positions were covered. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-65 Library Bonds A motion was made by Alderman James to approve an Ordinance providing for the issuance of $7,250,000.00 General Obligation Bonds Library Bonds,Series 2005B and authorize the Mayor and City Clerk to execute all documents as required;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-5 Nays-0 Wolfer-aye,James-aye,Leslie-aye,Ohare-aye,Prochaska-aye ADDITIONAL BUSINESS Mayor Prochaska invited everyone to attend the National Night Out on Tuesday,August 2,2005 at 5:00 p.m.at the Beecher Center. The Minutes of the Regular Meeting of the City Council—July 26,2005—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 8:10 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois MINUTES OF 1131,REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,AUGUST 9.2005. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Absent Wolfer Present Ward III Ohare Present Munns Present(arrived 7:03) Ward IV Besco Present(arrived 7:03) Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attomey Wyeth,Police Chief Martin,Director of Public Works Dhuse 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 Alderman James asked that#7—Salvation Army Golden Diner's Sponsorship Request be moved from the consent agenda to the regular agenda under the Administration Committee Report. Attorney Wyeth asked that#4—URS Corporation Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process be moved from the consent agenda to the regular agenda under the Administration Committee Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,August 22,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,August 18,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,September 1,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,August 11,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M.,Tuesday,August 23,2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS Ocean AtlanticIRosenwinkel Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Ocean Atlantic,Chicago LLC and Michael Rosenwinkel Trustee of the Michael Rosenwinkel Declaration of Living Trust created May 22,2000 and Tamara Rosenwinkel,Trustee of the Tamara Rosenwinkel Declaration of Living Trust created May 22,2000,petitioners,request for an amendment to the Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel (Ordinance 2000-42)to allow for rezoning from United City of Yorkville M-1 Limited The Minutes of the Regular Meeting of the City Council—August 9,2005-nage 2 Manufacturing District to United City of Yorkville R-4 General Residence District. The real property consists of approximately 128 acres located at Southeast corner of Corneils Road and Beecher Road in the United City of Yorkville,Kendall County,Illinois. So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Spears;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA 1. Police Report for June 2005 2. Peaceful Pathways Montessori- 1 '/2 Mile Review—subject to entering into annexation agreement 3. Resolution 2005-49—Approving a Development/Economic Initiative Agreement with GCM Properties,LLC for Lot 2 in Fox Hill Subdivision- authorize the Mayor and City Clerk to execute 4. Ordinance 2005-66—Amending City Code Title 5—Police Regulations,Adding New Chapter 6—Alarm Systems(False Alarm Ordinance) —authorize the Mayor and City Clerk to execute 5. Ordinance 2005-67—Amending City Code Title 6—Traffic Regarding Parking Restrictions on John Street and Sycamore Street in Fox Hill Subdivision—authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Ohare;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from July 12,2005 and the Committee of the Whole meeting from July 5,2005;seconded by Alderman James. Mayor Prochaska noted a correction needed on page 5 of the City Council minutes;the vote on the page incorrectly states he voted nay. Minutes approved as corrected by a viva voce vote. BILLS F9R APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 29,2005 totaling the following amounts:checks in the amount of $727,339.01(vendors);$170,187.06(payroll period ending 7/23/05);for a total of$897,526.07 seconded by Alderman Ohare. Alderman Spears stated that staff did respond to her questions on the Rotary Club membership expenditure however she had a problem with this because the Rotary Club is targeting community businesses and vocational areas and she did not see how it targets the City. She asked if staff could check to see if Naperville had a city employee in the Rotary Club. Mayor Prochaska stated that this could be done and Administrator Graff stated that the City Treasurer The Minutes of the Regular Meeting of the City Council—August 9,2005-page 3 could hold the check until an update is given to the Council at the next Committee of the Whole meeting. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Hometown Days Mayor Prochaska reminded the City Council that the United City of Yorkville was having a booth at the Hometown Days Festival Labor Day weekend. He stated that he would like to see each alderman have some time in the booth and that he had a sign-up sheet for this. He wanted them to know this was not to be confused with selling wrist bands. Presidential Stop Mayor Prochaska reported that President Bush would be in the area tomorrow to sign the transportation bill. He noted that this bill will have a great impact on the United City of Yorkville because it will provide funding for Eldamain Road,Route 47 and the Prairie Parkway. ATTORNEY'S REPORT Resolution 2005-50 Assignment of Contrast Right of First Refusal 20 Acre Parcel (North side of Route 34 between Countryside Parkway and Bristol Ridge Road Attorney Wyeth reported that this is the Right of First Refusal for a twenty acre parcel on the north side of Route 34 between Countryside Parkway and Bristol Ridge Road along Blackberry Creek. Mayor Prochaska entertained a motion to approve a Resolution approving the assignment of Contract Right for Right of First Refusal for a twenty acre parcel(north side of Route 34 between Countryside Parkway and Bristol Ridge Road)and authorize the Mayor and City Clerk to sign the contract. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-5 Nays-2 Spears-nay,Wolfer-aye,Besco-nay,James-aye,Leslie-aye,Munns-aye,Ohare-aye Peter Sahlas Easement Attorney Wyeth and Director of Public Works Eric Dhuse explained that this was an easement needed for two watermains at a cost of$10.00. Mayor Prochaska entertained a motion to approve the Grant of Water Main Easements with Peter Sahlas and the United City of Yorkville. So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,James-aye,Leslie-aye,Munns-aye Litigation Attorney Wyeth reported that in the fall of 2004 the United City of Yorkville accepted some property along Blackberry Creek. Prior to this acceptance,there were two suits filed for adverse possession to acquire ownership. He stated that he was seeking approval from the City Council to settle the suit whereby the ownership would be found in the adjacent landowner's ownership. He stated that a conservation easement will come back to the City that will keep the open space in the same manner as it into perpetuity. Mayor Prochaska entertained a motion to authorize the City Attorney to proceed to settlement of litigation known as Henne vs.Yorkville(04 CH 190)and Franze vs.Yorkville(04 CH 202) including the conveyance of land and receipt of a grant of a conservation easement to the United City of Yorkville,and further authorize the Mayor and City Clerk to execute all documents in furtherance of the settlement. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,James-aye,Leslie-aye,Munns-aye Robert's Rules 101 Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules. He covered the definitions of four of seven subsidiary motions(see attached);postpone indefinitely,refer to a committee,postpone to a certain time and lay on the table. The Minutes of the Regular Meeting of the City Council—August 9,2005-nage 4 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Special City Council Meeting Administrator Graff reported that Dr.Gabris from North Illinois University was considering August 30,2005 for a special City Council executive session.Representatives from the Illinois Municipal League([ML)are also available that date. He asked the members of the City Council to advise him by next Tuesday if they would be able to attend. Mayor Prochaska noted that Dr. Gabris was looking for 100%participations. School Open Administrator Graff reported that school would be opening August 23,2005 and the City's goal is to have Center Street finished before this date. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT South Water Tower Director Dhuse reported that the south water tower would be on line next week. He stated that the Water Department would start chlorinating the water tomorrow. Well Levels Director Dhuse reported that there was a three foot gain in the well draw down numbers. He reported that 1.3 to 1.6 million gallons are being pumped per day. School District Watering Request Mayor Prochaska noted that the City was contacted by the School District requesting permission to water the football field at night. Their concern is that the field is too hard for safe football play and one of the ISHA rules is that the school has to have a safe playing field. The watering is in an effort to soften the ground. Administrator Graff noted that the School District has also been trucking in water but it has not been enough to soften the field. CHTFF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Fall Catalog&Adventure Race Director Brown reported that the fall catalog was out. She also reported that an Adventure Race was being held on August 20,2005. She noted that over twenty teams have signed up for the event with two more weeks of registration left. She asked that anyone interested in volunteering, contact her. COMMUNITY&LIAISON REPORT Liaisons Mayor Prochaska asked the City Council committees to reexamine their liaisons for the following groups;Library Board,Cable Consortium,Human Resource Commission(Alderman Spears has been attending),Metra,School District(Alderman Ohare has been attending),Kencom (Alderman Ohare has been attending),Chamber of Commerce,Kendall County Economic Plan Commission,Bristol Plan Commission,Yorkville Plan Commission,Aurora Area Convention and Visitors Bureau(Alderman Burd has been attending),Downtown Redevelopment,Park Board(Alderman James attending)and Yorkville-Bristol Sanitary District(Administrator Graff has been attending)Development Committee. He stated that the liaison did not have to attend every meeting however they would be the first contact point. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2005-51 Preliminary Plat of Subdivision for Prestwick of Yorkville A motion was made by Alderman Munns to approve the Resolution approving the Preliminary Plat of Subdivision for Prestwick of Yorkville as presented;seconded by Alderman James. The Minutes of the Regular Meeting of the City Council—Aueust 9,2005—naee 5 Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Resolution 2005-52 Final Plat of Subdivision for Westbury Village Unit One A motion was made by Alderman Munns to approve the Resolution approving the Final Plat of Subdivision for Westbury Village Unit One(formerly called POD 6)as presented;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Ordinance 2005-68 Designating an Area for Special Use Lincoln Prairies Asphalt Plant A motion was made by Alderman Munns to approve an Ordinance designating an Area of Special use for the Lincoln Prairie asphalt as presented;seconded by Alderman Spears. Alderman Spears asked if the study was distributed to the people who were concerned with the odor from the plant. Administrator Graff stated that a copy of the study was mailed out to those concerned parties. Alderman Ohare noted that one party was more concerned with traffic rather than odor. Administrator Graff stated that traffic was addressed and traffic control information is being compiled. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,James-aye First Amendment to Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel A motion was made by Alderman Munns to approve the First Amendment to Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel as present;seconded by Alderman Spears. Mayor Prochaska questioned if this motion should be amended to allow for both the manufacturing and the residential zoning as discussed in the public hearing. Alderman Leslie asked for clarification as to what Attorney Kramer wanted the City Council to vote on. Attorney Kramer reiterated that the original amendment was to change the zoning from M-1 Limited Manufacturing District to R-4 General Residence District zoning however the City has asked if the property owner's would consider allowing the M-1 zoning to remain and add the R-4 General Residence District zoning. This would allow the ability for either zoning. There was a brief discussion regarding the change. Mayor Prochaska stated that the motion needed to be amended or restated. Alderman Spears withdrew her second;Alderman Munns withdrew the motion. Mayor Prochaska entertained a motion to approve the First Amendment to Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel agreement with the additional language allowing for the M-1 zoning to remain and the R-4 to become a float zoning on top of it, subject to legal review and authorize the Mayor and City Clerk to sign the agreement.So moved by Alderman James;seconded by Alderman Spears. Alderman Besco questioned the SSA language and expressed his concern with them. Attorney Kramer stated that the developer is planning on the overall project however the south unit could have an applicable SSA. There was a lengthy discussion regarding SSAs including the purpose for SSA's and their affect on foreclosures. Alderman Spears asked if Attorney Kramer's clients would consider removing the SSA language until they have a user for the property. Attorney Kramer stated that his client would not consider this. Mayor Prochaska noted that the language in the agreement stated that the SSA was"without limitation". He suggested that this phrase be deleted. There was discussion on the SSA being subject to the United City of Yorkville's SSA ordinance. Attorney Kramer's client agreed to strike the"without limitation"language. The motion needed to be restated again. Alderman Spears withdrew her second;Alderman James withdrew the motion. Mayor Prochaska entertained a motion to approve the First Amendment to Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel with the additional language The Minutes of the Regular Meeting of the City Council—August 9,2005—page 6 allowing keeping the M-1 zoning and having R-4 zoning be the added to that. Also,in the area of the Special Service Area,the language stating"without limitations"would be struck in all places it appears,subject to legal review and consistent with City ordinance and regulations,current or as amended,authorize the Mayor and City Clerk to sign the agreement.So moved by Alderman Oh are;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,Besco-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye Ordinance 2005-69 Authorizing the Execution of the First Amendment to the Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel A motion was made by Alderman Munns to approve an Ordinance authorizing the Execution of the approved First Amendment to the Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel upon final legal and staff review;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT URS Corporation Proposal—Downtown Redevelopment TIF A motion was made by Alderman James to postpone to August 23,2005 the approval of URS Corporation proposal for cost of Doing a Feasibility Study for the Downtown Redevelopment TIF District process;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Salvation Army Golden Diner's Sponsorship Request A motion was made by Alderman James to approve the Salvation Army Golden Diner's Sponsorship Request and authorize the donation in an amount not to exceed$250.00;seconded by Alderman Munns. Alderman James explained the reason he asked this to be removed from the consent agenda; because when it was first discussed with the Council,the proposal applied to surrounding counties. He stated that he did some research and found that at the last event they held in Yorkville only six of the eighty-plus people in attendance were from Yorkville. He stated that he as under the impression that this fee would be waived if the event was a direct benefit to the resident's of Yorkville. This event is open to not only residents of Yorkville but to those in Kendall County and surrounding communities. He stated hat he could not support the waiver of the fee because of this. Mayor Prochaska noted that the event does benefit Yorkville residents along with others and holding the event in Yorkville makes it convenient for seniors in the City to attend. However,if residents did not want to attend,there was nothing anyone could do about it. Alderman Spears noted that the Golden Diner's distribute meals not only at Beecher but also through Meals on Wheels. She also stated that there was another event coming up;the Northeastern Area on Aging which last year raised over$100,000.00 which was distributed to all the communities.She explained that Kendall County had the least amount of participation but still received funds. She did not feel that the City Council should be concerned with the$250.00 when the program feeds many people. She also suggested that Alderman James research the attendance numbers for other events that the group has held. Alderman James stated that the seniors from other communities use the Beecher Center so the taxpayers of the United City of Yorkville are supporting a county function. He stated that as a citizen of Yorkville,his tax dollars are paying for people from Sandwich,Naperville,etc. Mayor Prochaska clarified that the daily meals served out of Beecher,including Meals on Wheels,are served locally. He stated that this is for a special event and seniors from other areas will be attending. He noted that if this service was located elsewhere,the seniors in Yorkville would have to travel to that location. Alderman Munns stated that seniors from Yorkville attend the event and invite friends from other areas;this allows them to socialize and have a good time. He noted that those attending from other communities may be buying gas or other goods in Yorkville before they leave. The Minutes of the Regular Meeting of the City Council—August 9,2005—page 7 Alderman Ohare questioned if any other cities in the county or even the county donate to the Golden Diner's program.She stated that she disagreed with Alderman James;the number of Yorkville residents attending was not important but rather the fact that seniors were being provided for was. There was further discussion about the waiver form,Meals on Wheels,seniors being taxpaying citizens,etc. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye ADDITIONAL BUSINESS Beecher Center Alderman James asked if the City Council could take a hard look at what is being done with the Beecher Center. He noted that the Beecher is a City building on which the city recently spent money to renovate the air conditioning/heating system and parking lot. He further noted that city functions are being moved out of the building so that 2/3's of the space can be used for a county function. Mayor Prochaska noted he was not happy with this discussion however the use of the Beecher Center would be placed on the August 16,2005 Committee of the Whole meeting agenda for further discussion. Park Board vs.Park District Alderman Munns asked that the discussion of the City having a Park District rather than a Park Board be placed on the Public Works Committee meeting agenda. He noted that has spoken with residents who feel they do not have a say in the parks being placed in the subdivisions. Alderman Besco stated that this month's Public Works Committee meeting was going to be a joint meeting with the Park Board so it would be a good opportunity to discuss this. Mayor Prochaska asked Alderman Munns to encourage concerned residents to attend the meeting to show their support. Fox Hill Signs Alderman Ohare asked Director Dhuse to install signs marking k off parking for the soccer fields now that the parking ban on John Street has been approved. Alderman Munns noted that the sign at Aspen and John Street is bent over and needs repair. Director Dhuse stated he would look into both matters. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 8:30 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois STATE OF ILLINOIS ) SS . COUNTY OF KENDALL ) CITY COUNCIL MEETING UNITED CITY OF YORKVILLE REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter , taken before Lynette J . Neal , C . S . R. , on August 9 , 2005 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road, Yorkville , Illinois . ( ,,,, REPO ® 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 PROCHASKA, Mayor; 3 MR. WILLIAM POWELL; 4 MR. MARTY MUNNS; 5 MS . WANDA O' HARE; 6 MR. PAUL JAMES; 7 MR. DEAN WOLFER; 8 MR. JASON LESLIE; 9 MR. JOSEPH BESCO; 10 MR. TONY GRAFF; 11 MS . JACKIE MILSCHEWSKI, City Clerk; 12 13 and 14 15 MR. JOHN WYETH, Attorney for the City of Yorkville . 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service 630-983-0030 3 1 MAYOR PROCHASKA: Next on the agenda we 2 have a public hearing. I entertain a motion to go 3 to the public hearing, the discussion of Ocean 4 Atlantic Chicago LLC and Michael Rosenwinkel, 5 Trustee of the Michael Rosenwinkel Declaration of 6 Living Trust created May 22nd, 2000 and Tamara 7 Rosenwinkel, Trustee of the Tamara Rosenwinkel 8 Declaration of Living Trust created May 22, 2000, 9 petitioners, request for an amendment to the 10 annexation agreement of Michael Rosenwinkel and 11 Tamara Rosenwinkel, Ordinance No . 2000 dash 42, to 12 allow for rezoning from the United City of 13 Yorkville M-1 Limited Manufacturing District to 14 United City of Yorkville R-4 General Residence 15 District . The real property consists of 16 approximately 128 acres located at the southwest 17 corner of Corneils Road and Beecher Road in the 18 United City of Yorkville, Kendall County, 19 Illinois . 20 MS . O' HARE : So moved. 21 MR. LESLIE : Seconded. 22 MAYOR PROCHASKA: May I have roll call, 23 please . 24 DepoCourt Reporting Service 630-983-0030 4 1 (Whereupon roll call was 2 taken. ) 3 MAYOR PROCHASKA: Motion is carried. We 4 are now in public hearing and I would ask if there 5 is someone here representing the petitioners . 6 MR. KRAMER: Good evening. My name, for 7 the record, is Daniel J. Kramer. My address is 8 1107A South Bridge Street, Yorkville, Illinois . 9 It feels funny to be on this side of the podium. 10 We ' re here tonight on behalf of Mike and Tammy 11 Rosenwinkel, one of the branches of the 12 Rosenwinkel family, and also Ocean Atlantic, as to 13 the parcel that you see to my left. 14 It is a 128-acre parcel that, as 15 the mayor indicated, is located on the south side 16 of Corneils Road. We have been through the plan 17 commission committee as a whole and the community 18 development committee . Basically we went from the 19 City to the Rosenwinkels about five years ago, a 20 little bit more, and asked if they would bring the 21 parcel into the city, which they did do . They 22 were requested to zone it as a M-1, light 23 manufacturing, in the hopes that it would be a 24 continuation of the Yorkville business park, which DepoCourt Reporting Service 630-983-0030 m. 5 1 is contiguous to the south of the property. As 2 you know, since that time Inland came in on the 3 Calidonia development and exercised the clause of 4 their annexation PUD agreement asking to switch to 5 residential . They have got a couple of very good 6 users in the south end of it but were never able 7 to market the property on the north . 8 Mike and Tammy, as we ' ve indicated 9 in the three previous meetings that we have been 10 at, have not had a single inquiry about developing 11 it for industrial purposes since the time that 12 they brought it into the city. We think they have 13 been good neighbors to the city. There is a creek 14 corridor that goes through the property that they 15 gave the city easement rights for trail easements, 16 green-way preservation, if that was ever done on a 17 regionalized basis, and anything we have ever 18 needed they have always done . 19 They are asking the City to look 20 favorably upon the annexation amendment permitting 21 R-4 zoning . Normally I know you wouldn ' t like to 22 hand out R-4 zoning as a city council not knowing 23 what you are going to get at the end of the day, 24 and as we promised the plan commission when we DepoCourt Reporting Service 630-983-0030 6 1 were there, there was some conditions attached to 2 your approval . One was that the property would 3 not be developed for apartment purposes . That ' s 4 in the annexation amendment . Number two, we 5 indicated that it would not be developed unless we 6 brought it in as a planned unit development . So 7 you are going to get a shot at it there . Number 8 three, that it would go through all the normal 9 channels, preliminary plat, final plat, 10 preliminary engineering, final engineering. 11 We also agreed we would comply with 12 all park contributions and regulations with regard 13 to the property, and we showed it right down to 14 the property that we assured the plan commission 15 that 48 percent of it would be single-family 16 residents, about 24 percent would be a town- or 17 coach-home type home, and we indicated that we 18 would do active adult or age-restricted 55 and 19 over in at least one of those components . 20 Mr . Faraguto has not decided 21 whether that should be in the single-family 22 detached or unattached yet . We agreed to all of 23 those conditions . We met with city staff earlier 24 this evening and we were presented with an DepoCourt Reporting Service 630-983-0030 7 1 interesting option and it is one my client was 2 able to -- the people that are here to call the 3 home office and they are in full agreement with 4 doing it . If the city still had the opportunity 5 or, frankly, if somebody came into our mutual 6 clients tomorrow and said we would still like to 7 see manufacturing on that, we are not 8 anti-manufacturing . 9 In other words, if there was a 10 definite user for it, we would be happy to do it . 11 So it was suggested by staff that we move ahead 12 with the R-4 petition tonight but rather than 13 revoking the M-1 zoning, that we do just like we 14 did with the original Inland annexation, that we 15 leave it as a floating or flex zoning, that the 16 property can elect to go either way before 17 development . . 18 It could stay M-1 if there was a 19 user -- and I think the City has had some hope 20 that they could bring a user to it in that 21 region -- and if not, then the petitioner still 22 gets what they want, the R-4, and we go through 23 all the appropriate steps . We would simply make 24 that election on or before filing our preliminary DepoCourt Reporting Service 630-983-0030 8 1 plat approvals . So we are happy with that 2 suggestion and we are willing to work with the 3 City on that . If we can get a good manufacturing 4 user down there that ' s good for the city, frankly 5 my clients are happy with that . If they had the 6 opportunity, which may present itself, to acquire 7 more land in the region than they now have under 8 their contract, that would be fine too . 9 So we are asking for a positive 10 recommendation during the full city council 11 meeting tonight . We would ask you to move to 12 approve the annexation amendment with an amendment 13 that obviously your City attorney would have to be 14 happy with and that is adding the language that we 15 keep the flex or float zoning of M-1 as well as 16 R-4 , that we not revoke that tonight . And that ' s 17 kind of what we would like to see happen. So we 18 will be happy to answer any questions we can. 19 We do have a concept sketch that we 20 referenced in the annexation amendment that would 21 be incorporated in by reference, so we have got 22 some guidelines so we know where we are at on 23 that . 24 MAYOR PROCHASKA: Now I ' ll open the floor DepoCourt Reporting Service 630-983-0030 9 1 to anyone in the public, if there is anybody that 2 has any comments or questions or testimony that 3 they would like to give at this time? 4 Hearing none, I would ask if there 5 is any comments or questions from the council? 6 MS . O ' HARE: On the east, west, and the 7 south, that is M-1 already? 8 MR. KRAMER: On the south it has now 9 been changed to residential . It is not M-1 10 anymore . On the west it still would be M-1, but 11 we have a nice buffer or border . Beecher Road 12 would be the dividing line between the M-1 13 starting up . And on the east, again, there is -- 14 right between us and where you get nearer 47, 15 there is a parcel that the Moose Lodge actually 16 owns . 17 Frankly, we have been trying to 18 make contact because we think whatever happens on 19 the Rosenwinkel parcel, it makes sense for that 20 square to do the same . Out here you have a little 21 bit of a no-man ' s land, yet there is signs that 22 people are trying to market the corner there . I 23 haven ' t seen a petition, maybe there is one filed 24 in front of the city, but that ' s not zoned for DepoCourt Reporting Service 630-983-0030 10 1 anything that I know of. 2 MAYOR PROCHASKA: Dan, for clarification, 3 I think directly to the south of that property 4 that is not annexed yet . No, underneath the big 5 part there . 6 MR. GRAFF: The Johnstone property. 7 MR. KRAMER: Oh, yeah, over on this side 8 of the creek, that ' s correct . Johnstone is not 9 and then this is part of Calidonia on that . 10 MS . O ' HARE: My second question is how 11 long is our time limit on a floating zoning? 12 MAYOR PROCHASKA: Well, in this case it 13 would be at the point that they would come in with 14 the preliminary plat, they would -- if they are 15 platting it, that would tell us what the zoning is 16 at that time . 17 MR. KRAMER: We are not asking you to 18 put a limit on the manufacturing. If for some 19 reason they don ' t come in, it is to your benefit 20 to keep it manufacturing as long as you can. 21 MS . O ' HARE : Okay. 22 MR. BESCO: On Page 5 I notice there is 23 something in here that wasn' t in here the last 24 time I saw it creating special service tax areas? DepoCourt Reporting Service 630-983-0030 _ 11 1 MR. KRAMER: Yeah . Joe, we talked with 2 Ocean Atlantic . Again, what we anticipate 3 happening here is this is a stand-alone unit . In 4 other words, that it could built and we comply 5 with open space and everything in this one . But, 6 frankly, we are hoping to incorporate this into a 7 much larger development to the north with some 8 large open space recreational facilities that 9 would benefit the City and would require some 10 SSA. Again, I know you haven ' t liked to see more 11 of those purely for residential purposes but this 12 would be extremely multi-use . Frankly, we have 13 been looking at a large recreational facility so 14 we want that ability. 15 MR. BESCO: So this applies to that 16 parcel . 17 MR. KRAMER: Because we think we are 18 going to incorporate altogether when it actually 19 gets built . 20 MR. BESCO: So that would be like a 21 blanket PUD to cover everything? 22 MR. KRAMER: Absolutely. So I know 23 you ' re naturally prejudiced because you and I have 24 had this discussion about SSA' s . Here to get the DepoCourt Reporting Service 630-983-0030 12 1 type of recreational facilities, there is no other 2 way to do that, plus they are looking at a healthy 3 share of the sewer interceptor extension too . 4 MAYOR PROCHASKA: Any other questions? 5 MS . SPEARS : Did you say we did do the 6 zoning with Inland before? 7 MR. KRAMER: We did it with the 8 Yorkville Business Park with Calidonia . We did it 9 on 47 and Galena for Inland on Northgate . We just 10 didn ' t know what was going to happen there so we 11 did floating zoning on that . And the other parcel 12 that ' s out in the area that we did is south of the 13 railroad tracks on the east side of 47, the 14 Conover piece, that we always hoped would become a 15 Metra station. That has floating zoning. 16 MS . SPEARS : Are the Rosenwinkels okay 17 with this concept? 18 MR. KRAMER: Right . And, frankly -- and 19 we are not trying to hurt our purchasers, Ocean 20 Atlantic, and had we had a good manufacturing 21 user, they would have sold it to them. They have 22 no quarrel with manufacturing. They just have had 23 no nibbles in five years time, not one . They 've 24 had hundreds of people talk to them about DepoCourt Reporting Service 630-983-0030 13 1 residential . 2 MS . SPEARS : So the SSA would apply to 3 the Ocean Atlantic development; correct? 4 MR. KRAMER: Correct . 5 MAYOR PROCHASKA: On this piece of 6 property. 7 MS . SPEARS : On this -- 8 MR. KRAMER: Right . And we would hope 9 to do it in the whole because we are looking at 10 some large recreational facilities . 11 MAYOR PROCHASKA: Tony? 12 MR. GRAFF: Logistically, Dan, how would 13 we put that into this agreement to where it is 14 tied into the master plan community of the 15 Westbury Village? 16 MR. KRAMER: We are looking at -- 17 again, hopefully in your business session tonight 18 you ' ll approve the amendment, and I will leave it 19 up to Mr . Wyeth to instruct the city which of two 20 ways he would like to go . One way is we could do, 21 in effect, a second amendment and come back to 22 incorporate the floating zoning on the M-1 . 23 MR. GRAFF: Okay. 24 MR. KRAMER: Or if you simply direct him DepoCourt Reporting Service 630-983-0030 14 1 to include it in this first amendment and subject 2 to staff approval language, we are happy to take a 3 shot at it and let him draft it . We would like a 4 vote this evening. 5 MAYOR PROCHASKA: John, is -- 6 MR. KRAMER: I will do either . 7 MR. WYETH : It is not difficult . It is 8 conceptually easy to draft because the council has 9 an understanding of what ' s being asked here . We 10 just have to write the words . 11 MAYOR PROCHASKA: Anybody else? 12 MR. BESCO: Could you go back over that 13 again? So basically what we would be doing is 14 approving it if it was a master plan community or 15 just this -- 16 MAYOR PROCHASKA: Okay. We are talking 17 about zoning. 18 MR. KRAMER: The floating zoning. 19 MR. BESCO: Okay. 20 MR. KRAMER: And on the SSA language, as 21 I say, the reason we are asking for that is 22 because we anticipate that being not only on this 23 parcel but the much larger recreational to the 24 north . DepoCourt Reporting Service 630-983-0030 15 1 MR. WYETH : Would it possibly be 2 contingent upon the elements that would be 3 approved on the adjacent properties? 4 MR. KRAMER: Let me ask these fellows 5 that before you get to your business session and I 6 will give you an answer. 7 MAYOR PROCHASKA: I want to be clear, you 8 are asking about SSA. 9 MR. BESCO: Yes . 10 MAYOR PROCHASKA: Okay. So we have two 11 issues, one is the zoning and one is the SSA. 12 MR. KRAMER: Right . And I will talk to 13 my clients before you get to it in the agenda . 14 MAYOR PROCHASKA: Okay. Is there any 15 other comments from anyone at this time? If not, 16 I entertain a motion to close the public hearing. 17 MS . SPEARS : So moved. 18 MR. JAMES : Second. 19 MAYOR PROCHASKA: Motion is carried. 20 - - - 21 22 23 24 DepoCourt Reporting Service 630-983-0030 16 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J. Neal, C . S .R. No . 4 084-004363, do hereby certify that the foregoing 5 REPORT OF PROCEEDINGS, Pages 3 through 15, was 6 recorded stenographically by me and 7 computer-transcribed under my personal direction; 8 and that the said transcript constitutes a true 9 record of the REPORT OF PROCEEDINGS at the time 10 and place aforesaid. 11 I further certify that I am not counsel 12 for nor in any way related to any of the parties 13 to this suit, nor am I in any way, directly or 14 indirectly, interested in the outcome thereof . 15 This certification applies only to 16 those transcripts, original and copies, produced 17 under my direction and control; and I assume no 18 responsibility for the accuracy of any copies 19 which are not so produced. 20 IN WITNESS WHEREOF I have hereunto set 21 my hand this 30th day of August, 2005 . 22 23 Certified Shorthand Reporter 24 DepoCourt Reporting Service 630-983-0030 Page 17 A approved 15:3 changed 9:9 creek 5:13 10:8 13:10 hearing 3:2,3 4:4 ability 11:14 approving 14:14 channels 6:9 C.S.R 1:13 16:3 facility 11:13 9:4 15:16 able 5:6 7:2 approximately Chicago 3:4 family 4:12 hereunto 16:20 about 4:19 5:10 3:16 city 1:8,9 2:11,15 D Faraguto 6:20 him 13:24 14:3 6:16 11:24 12:24 area 12:12 3:12,14,18 4:19 Dan 10:2 13:12 Farm 1:14 home 6:17 7:3 14:17 15:8 areas 10:24 4:21 5:12,13,15 Daniel 4:7 favorably 5:20 hope 7:19 13:8 above-entitled ARTHUR 2:2 5:19,22 6:23 7:4 dash 3:11 feels 4:9 hoped 12:14 1:12 asked 4:20 14:9 7:19 8:3,4,10,13 day 5:23 16:21 fellows 15:4hopefully 13:17 Absolutely 11:22 asking 5:4,19 8:9 9:24 11:9 13:19 DEAN 2:7 filed 9:23 hopes 4:23 accuracy 16:18 10:17 14:21 15:8 clarification 10:2 decided 6:20 filing 7:24 hoping 11:6 acquire 8:6 assume 16:17 clause 5:3 Declaration 3:5,8 final 6:9,10 hour 1:13 acres 3:16 assured 6:14 clear 15:7 definite 7:10 fine 8:8 hundreds 12:24 active 6:18 Atlantic 3:4 4:12 Clerk 2:11 detached 6:22 first 14:1 hurt 12:19 actually 9:15 11:18 11:2 12:20 13:3 client 7:1 developed 6:3,5 five 4:19 12:23 adding 8:14 attached 6:1 clients 7:6 8:5 developing 5:10 flex 7:15 8:15 I address 4:7 attorney 2:15 8:13 15:13 development 4:18 float 8:15 Illinois 1:3,15 3:19 adjacent 15:3 August 1:13 16:21 close 15:16 5:3 6:6 7:17 11:7 floating 7:15 10:11 4:8 16:1 adult 6:18 coach-home 6:17 13:3 12:11,15 13:22 include 14:1 aforesaid 16:10 B come 10:13,19 difficult 14:7 14:18 incorporate 11:6 again 9:13 11:2,10 back 13:21 14:12 13:21 direct 13:24 floor 8:24 11:18 13:22 13:17 14:13 basically 4:18 comments 9:2,5 direction 16:7,17 foregoing 16:4 incorporated 8:21 agenda 3:1 15:13 14:13 15:15 directly 10:3 16:13 frankly 7:5 8:4 indicated 4:15 5:8 age-restricted 6:18 basis 5:17 commission 4:17 discussion 3:3 9:17 11:6,12 6:5,17 ago 4:19 become 12:14 5:24 6:14 11:24 12:18 indirectly 16:14 agreed 6:11,22 Beecher 3:17 9:11 committee 4:17,18 District 3:13,15 from 3:12 4:18 9:5 industrial 5:11 agreement 3:10 before 1:12 7:16 community 4:17 dividing 9:12 15:15 Inland 5:2 7:14 5:4 7:3 13:13 7:24 12:6 15:5 13:14 14:14 doing 7:4 14:13 front 9:24 12:6,9 ahead 7:11 15:13 comply 6:11 11:4 done 5:16,18 full 7:3 8:10 inquiry 5:10 allow 3:12 behalf 4:10 components 6:19 down 6:13 8:4 funny 4:9 instruct 13:19 already 9:7 being 14:9,22 computer-transc... draft 14:3,8 further 16:11 interceptor 12:3 altogether 11:18 benefit 10:19 11:9 16:7 DU 16:2 interested 16:14 always 5:18 12:14 BESCO 2:9 10:22 concept 8:19 12:17 during 8:10 G interesting 7:1 amendment 3:9 11:15,20 14:12 conceptually 14:8 Galena 12:9 issues 15:11 5:20 6:4 8:12,12 14:19 15:9 conditions 6:1,23 E Game 1:14 8:20 13:18,21 between 9:12,14 Conover 12:14 earlier 6:23 gave 5:15 J 14:1 big 10:4 consists 3:15 easement 5:15 General 3:14 J 1:12 4:7 16:3 annexation 3:10 bit 4:20 9:21 constitutes 16:8 easements 5:15 gets 7:22 11:19 JACKIE 2:11 5:4,20 6:4 7:14 blanket 11:21 contact 9:18 east 9:6,13 12:13 give 9:3 15:6 JAMES 2:6 15:18 8:12,20 border 9:11 contiguous 5:1 easy 14:8 go 3:2 6:8 7:16,22 JASON 2:8 annexed 10:4 branches 4:11 contingent 15:2 effect 13:21 13:20 14:12 Joe 11:1 ' answer 8:18 15:6 Bridge 4:8 continuation 4:24 either 7:16 14:6 goes 5:14 John 2:15 14:5 f anticipate 11:2 bring 4:20 7:20 contract 8:8 elect 7:16 going 5:23 6:7 Johnstone 10:6,8 z. 14:22 brought 5:12 6:6 contributions 6:12 election 7:24 11:18 12:10 JOSEPH 2:9 anti-manufactur... buffer 9:11 control 16:17 elements 15:2 good 4:6 5:5,13 8:3 just 7:13 12:9,22 7:8 built 11:4,19 copies 16:16,18 end 5:6,23 8:4 12:20 14:10,15 anybody 9:1 14:11 business 4:24 12:8 Corneils 3:17 4:16 engineering 6:10 GRAFF 2:10 10:6 anymore 9:10 13:17 15:5 corner 3:17 9:22 6:10 13:12,23 K f anyone 9:1 15:15 correct 10:8 13:3,4 entertain 3:2 15:16 green-way 5:16 keep 8:15 10:20 anything 5:17 10:1 C corridor 5:14 evening 4:6 6:24 guidelines 8:22 Kendall 1:4 3:18 apartment 6:3 Calidonia 5:3 10:9 council 1:8 5:22 14:4 kind 8:17 applies 11:15 12:8 8:10 9:5 14:8 ever 5:16,17 H know 5:2,21 8:22 t 16:15 call 3:22 4:1 7:2 counsel 16:11 everything 11:5,21 hand 5:22 16:21 10:1 11:10,22 apply 13:2 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Michael 3:4,5,10 original 7:14 16:16 13:5,11 14:5,11 revoking 7:13 SS 1:4 16:1 L Mike 4:10 5:8 other 7:9 11:4 12:1 14:16 15:7,10,14 rezoning 3:12 SSA 11:10 13:2 land 8:7 9:21 MILSCHEWSKI 12:4,11 15:15 15:19 right 6:13 9:14 14:20 15:8,11 1 language 8:14 14:2 2:11 out 5:22 9:20 produced 16:16,19 12:18 13:8 15:12 SSA's 11:24 14:20 Moose 9:15 12:12 promised 5:24 rights 5:15 staff 6:23 7:11 ''. large 11:8,13 more 4:20 8:7 outcome 16:14 properties 15:3 Road 1:14 3:17,17 14:2 i 13:10 11:10 over 6:19 10:7 property 3:15 5:1 4:16 9:11 stand-alone 11:3 larger 11:7 14:23 motion 3:2 4:3 14:12 5:7,14 6:2,13,14 roll 3:22 4:1 starting 9:13 last 10:23 15:16,19 owns 9:16 7:16 10:3,6 13:6 Rosenwinkel 3:4,5 STATE 1:3 16:1 z. z. least 6:19 move 7:11 8:11 O'HARE 2:5 3:20 public 3:2,3 4:4 3:7,7,10,11 4:11 station 12:15 leave 7:15 13:18 moved 3:20 15:17 9:6 10:10,21 9:1 15:16 4:12 9:19 stay 7:18 left 4:13 much 11:7 14:23 PUD 5:4 11:21 Rosenwinkels 4:19 stenographically I LESLIE 2:8 3:21 multi-use 11:12 P purchasers 12:19 12:16 16:6 let 14:3 15:4 MUNNS 2:4 Page 10:22 16:2 purely 11:11 R-4 3:14 5:21,22 steps 7:23 1 light 4:22 mutual 7:5 Pages 16:5 purposes 5:11 6:3 7:12,22 8:16 still 7:4,6,21 9:10 like 5:21 7:6,13 M-13:13 4:22 7:13 parcel 4:13,14,21 11:11 Street 4:8 8:17 9:3 11:20 7:18 8:15 9:7,9 9:15,19 11:16 put 10:18 13:13 S subject 14:1 t. 13:20 14:3 9:10,12 13:22 12:11 14:23 p.m 1:14 same 9:20 suggested 7:11 i liked 11:10 park 4:24 6:12 saw 10:24suggestion 8:2 limit 10:11,18 N 12:8 0 second 10:10 13:21 suit 16:13 Limited 3:13 name 4:6 part 10:5,9 quarrel 12:22 15:18 switch 5:4 1. line 9:12 naturally 11:23 parties 16:12 question 10:10 Seconded 3:21 little 4:20 9:20 Neal 1:13 16:3 PAUL 2:6 questions 8:18 9:2 see 4:13 7:7 8:17 T Living 3:6,8 nearer 9:14 people 7:2 9:22 9:5 12:4 11:10 take 14:2 LLC 3:4 needed 5:18 12:24 seen 9:23 taken 1:12 4:2 located 3:16 4:15 neighbors 5:13 percent 6:15,16 R sense 9:19 talk 12:24 15:12 Lodge 9:15 never 5:6 permitting 5:20 railroad 12:13 service 10:24 talked 11:1 Logistically 13:12 Next 3:1 personal 16:7 rather 7:12 session 13:17 15:5 talking 14:16 long 10:11,20 nibbles 12:23 petition 7:12 9:23 real 3:15 set 16:20 Tamara 3:6,7,11 ; 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Mayor Prochaska called the meeting to order at 7:04 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(arrived at 7:20 p.m.) Ward III Ohare Present Munns Present Ward N Besco Present(arrived at 7:12 p.m.) Spears Absent Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police Lieutenant Schwartzkopf,Director of Public Works Dhuse,Finance Director Pleckham 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. Lieutenant Schwartzkopf introduced the new police cadet,Behr Pfizenmaier to the City Council. Mayor Prochaska and the City Council welcomed him to Yorkville. AMENDMENTS TO THE AGENDA Alderman Ohare asked that#15—Heartland Circle-Watermain Sanitary Sewer and Storm Sewer Final Acceptance and Bond Reduction#3 be moved from the Consent Agenda to the Public Works Committee Report. She also asked that#16 F.E.Wheaton Expansion—Plat of Eastman be moved from the Consent Agenda to the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,September 22,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,September 18,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,September 4,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,September 11,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PUBLIC HEARINGS None. CITIZEN COMMENTS None. The Minutes of the Regular Meeting of the City Council—August 23,2005—page 2 PRESENTATIONS Waterworks System Contracts Alternate Revenue Bond Sale Daniel Forbes from Speer Financial presented the results of the bids for the Waterworks System Contracts Alternate Revenue Bond Sale. He stated that three bids were received earlier in the day and it is Speer Financial's opinion that the bid of Citigroup Global Markets Inc.is the best. They recommend that Citigroup be awarded the bid at a price of$2,850,000.00 plus accrued interest at an interest rate of 4.30%. He also noted that the bonds are callable in nine years. He informed the City Council that Standard&Pours has assigned a rating of"A-"to the United City of Yorkville. The rating reflects the General Obligation Bonds pledge of the City along with its proximity to the strong DuPage County area economy,above-average income and wealth levels and its sound financial position however"a high debt burden and looming growth pressures offset the above strengths." Mr.Forbes then reported that Fitch Ratings has assigned a rating of "A"to the City. Their rating is based of the City's rapidly growing tax base,above-average wealth levels and consistent financial performance guided by strong planning and prudent budgeting. There were no questions for Mr.Forbes. He thanked Finance Director Pleckham and Administrator Graff for their assistance. 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. 555 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-Line of Credit Expiration—authorize City Clerk to call Letter of Credit should it become necessary 8. Resolution 2005-53-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 in an amount not to exceed$24,231.00 15. Game Farm Road/Somonauk Road Improvements—Plat of ROW Dedication- authorize the Mayor and City Clerk to execute 16. Treasurer's Report for June 2005 17. City Administrator's Request for NIU Class—authorize request for enrollment in NIU class PSPA 559,Topics in Public Administration 18. Resolution 2005-54—Approving Menard's Commercial Commons Third Addition Final Plat-authorize the Mayor and City Clerk to execute 19.Resolution 2005-55—Approving Menard's Commercial Commons Fourth Addition Final Plat-authorize the Mayor and City Clerk to execute 20. YBSD Intergovernmental Agreement for Recapture of Southwest Sanitary Sewer Interceptor Project costs-authorize the Mayor and City Clerk to execute 21. 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 alternatives in an amount of$46,580.00)and to authorize Mayor and staff to execute the agreement 22. Request for Ideas Proposal—authorize staff to publicly advertise 23. Rob Roy Creek Interceptor—Contract#3—award contract to Dempsey Ing.,Inc.in an amount not to exceed$1,975,631.00 24. Saravanos Property—Plat of Easement-authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—August 23,2005—page 3 25. Well No 6.,Treatment Facility—EEI Scope of Service-authorize the Mayor and City Clerk to execute 26. Amendment to EEI Water Works System Contract-authorize the Mayor and City Clerk to execute subject to identifying funding 27. Resolution 2005-56—Approving the Revised Job Description for the Position of Administrative Secretary-authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye, PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of March 22,2005 and June 14,2005 and Committee of the Whole meetings from June 7,2005 and August 2,2005;seconded by Alderman Ohare. Motion 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 July 17,2005 totaling the following amounts:checks in the amount of $969,326.21 (vendors—revised 8/22/05);$170,477.72(payroll period ending 8/6/05);for a total of$1,139,803.93 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-5 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye REPORTS MAYOR'S REPORT Save a Life Proclamation Mayor Prochaska read a proclamation for Save A Life Foundation Month—September 2005(see attached). He asked for a vote of ratification from the City Council. So moved by Alderman James;seconded by Alderman Burd. Motion approved by a viva voce vote. Adhoc Technology T-1Line Recommendation Mayor Prochaska entertained a motion to approve funding for the City Hall T-1 line in the one time fee not to exceed$2,062.13 with a monthly fee of up to$187.15 as presented.So moved by Alderman Burd;seconded by Alderman Munns. Director Pleckham explained that City Hall currently uses the Library's T-I line and due to the Library's expansion,the City will need its own line. She explained that Ron Robinson,the City's IT Coordinator,received quotes for the line and is recommending Illinois Century Network RTC3. Installation can be done before the Library expansion begins. Alderman Ohare and Director Pleckham explained that off site buildings such as Public Works and the Riverfront building are using Comcast for service. They may be able to connect to the T1 line at a later date. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye Condolences to Bill Dettmer's Family Mayor Prochaska extended the City's sympathies to Building Inspector Bill Dettmer whose sister passed away a few days ago. He advised the City Council that he had a sympathy card and anyone wishing to sign it should see him. F.E.Wheaton Expansion—Plat of Easement Mayor Prochaska entertained a motion to refer the F.E.Wheaton Expansion—Plat of Easement to the next Public Works Committee meeting.So moved by Alderman Ohare;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—August 23,2005—page 4 Attorney Wyeth explained that the grantor of the easement is requesting some minor revisions. Administrator Graff stated that the revisions are due to their future expansion;there are some details the architect did not consider. There was some discussion if this should be refereed back to the Public Works Committee or the Committee of the Whole(COW). It was decided that it should be referred back to the September 20,2005 COW meeting. Alderman Burd withdrew her second;Alderman Ohare with drew the motion. Mayor Prochaska entertained a motion to refer the F.E.Wheaton Expansion—Plat of Easement to the next COW meeting on September 20,2005.So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye CITY COUNCIL REPORT Resolution 2005-57 Eminent Domain Mayor Prochaska entertained a motion to approve the Eminent Domain Resolution as presented. So moved by Alderman Burd;seconded by Alderman Wolfer. Alderman Burd complimented Attorney Wyeth for a well done resolution. Mayor Prochaska thanked the City Council for bring this forward. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules(see attached). He noted that he added the definitions for subsidiary motions 41,3,4 and 7. He went over the four subsidiary motions(postpone indefinitely,refer to a committee,postpone to a certain time and lay on the table)in more detail. He stated he would be discussing the remanding subsidiary motions at the next City Council meeting. CITY CLERK'S REPORT Clerk Milschewski reported that she had the sign up sheet for the City's booth at the Hometown Days Festival. She explained that the sheet had two columns and those interested in volunteering should try to fill up the first column first as the booth was being shared with Kendall County. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Sod Permits and Sprinkling Rules Director Dhuse reported that the Public Works Department has developed a way for residents to begin laying sod as of September 1,2005 and still keep the water supply up. He explained that permits were being issued beginning August 25,2005 however work may not begin until September 1,2005. Only 60 permits will be issued until September 10,2005. After the fist 60 permits are granted,another 60 permits will be granted after September 11,2005. Those receiving the permits will be allowed to water their yards after September 21,2005 and only at night;following the water conservation ordinance guidelines of watering between the hours of 9:00 p.m.and 12:00 a.m.following an even/odd system. Mayor Prochaska thanked Director Dhuse for developing the plan in an effort to eliminate the impact on the City's water table. CHIEF OF POLICE REPORT No report. The Minutes of the Regular Meeting of the City Council—August 23,2005—page 5 EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle—Acceptance of Watermain System A motion was made by Alderman Besco to approve the acceptance of the Watermain System for Heartland Circle as presented;seconded by Alderman James. Administrator Graff stated that the original motion under the Consent Agenda included the sanitary and storm sewers. He indicated that there is additional work to be done on these systems and that only the watermain is complete. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-70 Lee Farm-Annexation Agreement A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement of Conifer Group LLC and Montalbano Builders,Inc.and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman James. Mayor Prochaska noted that this property is currently not annexed to the City. Attorney Wyeth explained that the Annexation Agreement can be passed and there will be further action on the annexation when the property becomes contiguous. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Prochaska-aye Ordinance 2005-71 Lee Farm-Annexation A motion was made by Alderman Munns to approve an Ordinance annexing the Lee Farm- Montalbano homes as presented;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye Ordinance 2005-72 Lee Farm—Rezoning A motion was made by Alderman Munns to approve an Ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with Conifer Group, LLC as legal owner and Montalbano Homes as the developer;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-73 General Obligation Bonds(Alternate Revenue Source)for Waterworks System Contracts B.2 and B.3 A motion was made by Alderman James to approve an Ordinance authorizing and providing for the Issue of$2,000,000.00 General Obligation Bonds(Alternate Revenue Source)for the Water Works System Contracts B.2 and B.3 as recommended by the City Treasurer and Finance Director;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye The Minutes of the Regular Meeting of the City Council—August 23,2005—page 6 ADDITIONAL BUSINESS Countryhills Subdivision Empty Lot Alderman Leslie noted that there is a lot in the Countryhills Subdivision#1 that is loaded with garbage. Mayor Prochaska advised him to contact the Building or Public Works Departments who will then contact the owner and have him clean it up. Director Dhuse stated he would look into it. Reserve at Fox River Apartments Alderman Besco complained that the Reserve at Fox River apartments were looking bad with dead trees and overgrown grass. Mayor Prochaska explained that the property had a new owner and Administrator Graff stated he would contact them. He also noted that the city has advised developers with dead trees not to remove and replant them because of the watering restrictions. Speeding in Countryhills Subdivision Alderman Leslie thanked Chief Martin and Administrator Graff for investigating the problem with speeders in the Countryhills Subdivision. East Main Street Repairs Alderman Burd reported that she had been contacted by several residents regarding the construction on East main street.They expressed their concerns with the replacement of their driveways,sidewalks and parkway grass. They wanted to know if these things will be replaced in a timely manner so that it will look the way it used to look. Mayor Prochaska noted that City Engineer Joe Wywrot will be contacting the affected homeowners to advise them that it is the City's policy to restore and/or repair anything that was disturbed. He suggested that if something is not done to a resident's satisfaction,they should contact the City. Administrator Graff stated that restoration will take place after the asphalt is laid which should be next week. ADJOURNMENT Mayor Prochaska entertained a motion to So moved byAlderman Burd;seconded Y adjourn. by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 7:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois �,��o Cary United City of Yorkville Memo ���LL Lt -i- �r U � i�,� R ,, ,.,. 800 Game Farm Road EST.% 1836 Yorkville, Illinois 60560 PTelephone: 630-553-4350 �� w Fax: 630-553-7575 Date: September 8, 2005 To: Mayor& City Council ' ./ From: Traci Pleckham—Finance Director�Y) CC: Tony Graff—City Administrator Subject: Amendment to the Bill List Please note one dollar amendment to the Detail Board Report Due On/Before 9/13/05: Page Vendor Item Amount Revised Item Amount Page 22 O'Malley Welding & Fabricating $5,200.00 $520.00 The total of all invoices is revised to $1,314,991.51. Also, attached please find revised page 22 and summary sheet reflecting the updates. DATE: 09/08/05 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 15:05:52 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/13/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OMALLEY O'MALLEY WELDING & FABRICATING 10950 08/08/05 01 PD CAPITAL-FABRICATE 2 SIGN 20-000-78-00-9009 00303088 09/13/05 520.00 RESERVE 02 POSTS & MATERIALS FOR SPEED ** COMMENT ** 03 SIGN ** COMMENT ** INVOICE TOTAL: 520.00 VENDOR TOTAL: 520.00 PARADIS ROBIN GREEN, INC 220532 08/01/05 01 PD-JULY'S CAR WASHES 01-210-62-00-5409 00303190 09/13/05 158.35 MAINTENANCE - VEHICLES INVOICE TOTAL: 158.35 VENDOR TOTAL: 158.35 PITBOWRE PITNEY BOWES 082905 08/29/05 01 ADMIN-REFILL POSTAGE METER 01-110-65-00-5808 09/13/05 1, 000. 00 POSTAGE & SHIPPING INVOICE TOTAL: 1,000.00 VENDOR TOTAL: 1,000.00 PITNEYBO PITNEY BOWES INC 702688 08/15/05 01 ADMIN-TAPE STRIPS FOR POSTAGE 01-110-65-00-5802 09/13/05 50. 98 OFFICE SUPPLIES 02 METER ** COMMENT ** INVOICE TOTAL: 50.98 VENDOR TOTAL: 50. 98 POLPEN POLICE PENSION FUND 071805-RETAX 08/22/05 01 PD-7/18 REAL ESTATE TAX 01-210-72-00-6502 09/13/05 61,286.66 POLICE PENSION 02 DISTRIBUTION ** COMMENT ** INVOICE TOTAL: 61,286.66 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 8/20/05 SOCIAL REGULAR OVERTIME SUB-TOTAL SECURITY IMRF TOTAL ADMINISTRATION $23,932.76 $0.00 $23,932.76 $1,787.01 $1,804.26 $27,524.03 ENGINEERING $9,764.87 $0.00 $9,764.87 $730.69 $794.86 $11,290.42 POLICE $53,729.12 $1,806.78 $55,535.90 $4,231.05 $331.64 $60,098.59 PUBLIC WORKS $23,963.07 $2,023.55 $25,986.62 $1,984.66 $1,897.86 $29,869.14 PARKS $13,026.20 $227.32 $13,253.52 $1,004.48 $970.15 $15,228.15 RECREATION $11,988.43 $0.00 $11,988.43 $910.52 $868.72 $13,767.67 LIBRARY $6,019.80 $0.00 $6,019.80 $460.52 $297.30 $6,777.62 TOTAL $142,424.25 $4,057.65 $146,481.90 $11,108.93 $6,964.79 $164,555.62 TOTAL PAYROLL 8/20/2005 $164,555.62 TOTAL INVOICES 9/13/2005 $1,314,991.51 TOTAL DISBURSEMENTS $1,479,547.13 Revised on 9/08/05 ,cEo Cir c United City of Yorkville Memo ` -A 800 Game Farm Road ii 1',--- EST. 1836 Yorkville, Illinois 60560 �`, Telephone: hone: 630-553-4350 O it `' Fax: 630-553-7575 Date: September 8, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Final Draft with Changes from COW meeting Please find attached the following: 1) Red Line Copy of the Final Draft with changes from the COW meeting, 2) Clean Copy, 3) Copy of email to Senior Services(Beth McClory) regarding agreement on Shared Cost of$1250 plus 5% escalation. The since COW where: 1. Preambles 3 and 4, adjusted language in lieu of knowing exact years. If I can obtain the exact years, I'll before Tuesday's meeting. 2. Section 2: Inserted language re: shared cost, as presented to you at COW. 3. Section 3: corrected misspelled"senior" 4. Section 4: Added that structural improvements will be approved by Park Board (in addition to City Staff)per the discussion at COW. While reference was made that these should be "subsequent"improvements, it is my opinion upon further thought that the review and approval process should apply to all improvements. 5. Section 5: Inserted a start date of October 1st, with corresponding ending dates of Sept 30, 2010, and August 1, 2010 (last day to early terminate—60 days from end of lease.) 6. Section 6: Deleted reference to cleaning kitchen, since they will not be using it. Inserted language regarding incidental use of Kitchen. As presented at COW. 7. Section 8: Requirement to comply with Sign Ordinance as discussed at COW. It is my opinion that this agreement is now in keeping with the intentions of both parties. I f - Deleted:DRAFT,$31.05 ) • PREMISES USE AGREEMENT SENIOR SERVICES ASSOCIATES USE OF A PORTION OF THE BEECHER COMMUNITY BUILDING UNITED CITY OF YORKVILLE,ILLINOIS WHEREAS,Senior Services Associates(hereinafter referred to as"SSA")is an organization dedicated to providing programs,services and activities to the citizens of the UNITED CITY OF YORKVILLE(hereinafter referred to as"City")and surrounding areas commonly referred to as"Senior"citizens,and WHEREAS,SSA is uniquely qualified to proved such services to this very important segment of the City's population,and WHEREAS,SSA has demonstrated a long standing dedication to this segment of the I population by providing such services forjnany years,and _ _-- Deleted:approximately I WHEREAS,SSA,afterseveral years at the same location,has found a need to obtain _-^ Deleted: new space to provide its programs an services,and WHEREAS, the City,recognizing the unique and valuable position that SSA holds in the community,and desiring that these programs,services and activities be continued for the benefit of the community,has considered entering SSA use of certain space in the Beecher Community Building under the specific terms and conditions found in this agreement,and WHEREAS,the City has determined that suitable space exists at the Beecher Community Building,and WHEREAS,SSA agrees that the available space at the Beecher Community building is suitable and appropriate for its needs. IT IS AGREED,upon the mutual considerations self evident within this agreement,that the City shall hereby lease to SSA certain space within the Beecher Community Building under the terms and conditions as contained herein,to wit: 1. PREMISES: Exclusive use of that portion of the Beecher Community Building as described on the attached Exhibit A for offices and storage,and common,nonexclusive use of the Main Room and Kitchen(as further defined in#3,below),washroom facilities, storage areas,and the common hallways,doorways,sidewalk and parking areas. 2. SHARED COST: Jt is agreed between theparties that SSA shall pay to City the sum --- Deleted:One HaIf(U2)of the actual of$1.250 per month as portion of the SHARED COST,with said amount to increase by expenses for following puryoses1 5%per annum for the duration of this agreement. Generally,said SHARED COST is in Formatted:Font:Not Bold,Not tended to defray the following costs: ttalK Formatted:Font:Not Bold,Not Italic a. Utilities b. Maintenance/Janitorial c. Maintenance/Supplies/Equipment d. Capital Maintenance(Furnace,floors,painting,structure,parking,etc) 3. AVAILBILITY OF PREMISES FOR CITY USE: Understanding that SSA will make use of the Main Room,office area and Kitchen in the Beecher Community Building for most of its programs,services and activities,and also understanding that the City will schedule events for the Main Room and/or Kitchen when not used by SSA,as an additional agreement,Senior Services Associates agrees to work in harmony with the City to allow use of the Main Room,Kitchen and common areas for other events at times when it has not scheduled an event,thus allowing for maximum use of this building. In addition,the City will use best efforts in harmony with SSA to provide use of the Main Room and Kitchen to SSA for special events to minimize any impact additional City use would have on SSA and its programming in the Main Room and Kitchen. The City requires 3 month notification to coordinate scheduling of space for special events beyond SSA's typical day to day operation.Furthermore,SSA shall have exclusive use of its exclusive office and storage areas at all times,including locking same(although keys will be provided to he City for safety/emergency purposes only),and SSA shall not be precluded from access to its offices at any time,regardless of any activity/use of any portion of the Beecher Center Building.City shall not be responsible for,and SSA hereby holds City harmless,for any loss or damage to items left unattended available to other patrons of the Beecher Community Center. 4. STORAGE: SSA understands that the Beecher Community Building has very limited storage space,and that it will have to limit its use of storage areas to the least use possible,and will have to share such space with other uses within the building,including, but not limited to any entity conducting the ongoing nutrition program. I All structural improvements must be approved by City staff as well as the Park Board prior to beginning such improvements. All improvements should be done with the common interest and use of the building,or area in mind. Said improvements will become a part of the building,owned by the City,and shall be surrendered without compensation(except as provided in Section 5 regarding early termination by the City) upon the termination of the lease regardless of the reason for termination. 5. TERM OF THIS AGREEMENT: This agreement shall have a term of 5 years I commencing on Qctober 1,2005 and concluding on September 30,2010. In addition to _--[Deleted: the term,the parties agree that either party may terminate the agreement(without the -(Deleted: need to express a reason or cause)upon 60 days written notice to the other party.If the I City exercises this option,terminates this agreement prior to August 1,2010,then it will ---- Deleted: be responsible(at the City's sole discretion)to either provide mutually agreeable replacement space or to make payment to Senior Services for the prorated value(using a time line of 5 years)of the actual cost of the improvements(as certified by the construction contractor within 30 days after SSA takes possession)placed into the Beecher Center and retained by the City after the termination.SSA agrees that if the City chooses to provide mutually agreeable replacement space,then SSA's agreement shall not be unreasonably withheld. 6. MAINTENANCE,REPAIRS,UTILITIES. SSA shall be responsible for maintaining (cleaning)its exclusive space as well as the Main Room, Said maintenance shall be ----{Deleted: and Kitchen. i limited to keeping the premises clean and orderly,but shall not include any repairs to the structure,nor shall it include major cleaning including but not limited to power washing and buffing of floors. All other cleaning,and all other repairs of the exclusive premises, as well as the common areas shall be the responsibility of the City,and such is considered and included in the Monthly Maintenance Fee., 4owever,if SSA makes incidental use of ---- Formatted:Font:Not Bold,Not the Kitchen,then it shall be responsible for cleaning the Kitchen consistent with the Italic requirements placed upon other users. The SSA shall work in concert with the City for quarterly and annual scheduled maintenance of all common areas. The City will schedule this routine maintenance at time with the least possible impact to daily operations. 7. INSURANCE: SSA shall maintain general liability insurance under its name,and name the City as an additional insured on said policy of insurance,the terms and limits of the policy must by agreeable and agreed upon by the City Director of Finance. 8. SIGNS: SSA shall be allowed to place a sign,or signs,upon the Beecher Community Building or in front of the Beecher Community Building to assist residents in finding the services. Said signs shall be in number, location,size and character solely upon the Agreement of the Executive Director of Parks and Recreation,and all signs shall conform with the City's sign ordinances --{Deleted:. 9. COMPLIANCE WITH ALL LAWS AND REGULATIONS: SSA shall conduct their activities and uses of the premises,and maintain the premises at all times in keeping with all applicable laws and regulations including but not limited to the Health Regulation regarding the preparation of food and use of the kitchen area. 10. NOTICES: All notices shall be given by hand delivery to the other party at the Beecher Community Building(for Senior Services)and to City Hall(for the City). I This agreement made on SJctober 1,2005 ----(Deleted: SENIOR SERVICES ASSOCIATES By: Its: Attest: By: Its: UNITED CITY OF YORVILLE Arthur F.Prochaska,Jr.,Mayor Attest: Jackie Milschewski,City Clerk PREMISES USE AGREEMENT SENIOR SERVICES ASSOCIATES USE OF A PORTION OF THE BEECHER COMMUNITY BUILDING UNITED CITY OF YORKVILLE, ILLINOIS WHEREAS, Senior Services Associates (hereinafter referred to as "SSA") is an organization dedicated to providing programs, services and activities to the citizens of the UNITED CITY OF YORKVILLE (hereinafter referred to as "City") and surrounding areas commonly referred to as"Senior"citizens, and WHEREAS, SSA is uniquely qualified to proved such services to this very important segment of the City's population, and WHEREAS, SSA has demonstrated a long standing dedication to this segment of the population by providing such services for many years, and WHEREAS, SSA, after several years at the same location,has found a need to obtain new space to provide its programs an services, and WHEREAS, the City, recognizing the unique and valuable position that SSA holds in the community, and desiring that these programs, services and activities be continued for the benefit of the community, has considered entering SSA use of certain space in the Beecher Community Building under the specific terms and conditions found in this agreement, and WHEREAS,the City has determined that suitable space exists at the Beecher Community Building, and WHEREAS, SSA agrees that the available space at the Beecher Community building is suitable and appropriate for its needs. IT IS AGREED, upon the mutual considerations self evident within this agreement,that the City shall hereby lease to SSA certain space within the Beecher Community Building under the terms and conditions as contained herein, to wit: 1. PREMISES: Exclusive use of that portion of the Beecher Community Building as described on the attached Exhibit A for offices and storage, and common, nonexclusive use of the Main Room and Kitchen(as further defined in#3,below), washroom facilities, storage areas, and the common hallways, doorways, sidewalk and parking areas. 2. SHARED COST: It is agreed between the parties that SSA shall pay to City the sum of$1,250 per month as portion of the SHARED COST, with said amount to increase by 5% per annum for the duration of this agreement. Generally, said SHARED COST is in tended to defray the following costs: a. Utilities b. Maintenance/Janitorial c. Maintenance/Supplies/Equipment d. Capital Maintenance (Furnace, floors, painting, structure,parking, etc) 3. AVAILBILITY OF PREMISES FOR CITY USE: Understanding that SSA will make use of the Main Room, office area and Kitchen in the Beecher Community Building for most of its programs, services and activities, and also understanding that the City will schedule events for the Main Room and/or Kitchen when not used by SSA, as an additional agreement, Senior Services Associates agrees to work in harmony with the City to allow use of the Main Room, Kitchen and common areas for other events at times when it has not scheduled an event, thus allowing for maximum use of this building. In addition, the City will use best efforts in harmony with SSA to provide use of the Main Room and Kitchen to SSA for special events to minimize any impact additional City use would have on SSA and its programming in the Main Room and Kitchen. The City requires 3 month notification to coordinate scheduling of space for special events beyond SSA's typical day to day operation. Furthermore, SSA shall have exclusive use of its exclusive office and storage areas at all times, including locking same(although keys will be provided to he City for safety/emergency purposes only), and SSA shall not be precluded from access to its offices at any time,regardless of any activity/use of any portion of the Beecher Center Building. City shall not be responsible for, and SSA hereby holds City harmless, for any loss or damage to items left unattended available to other patrons of the Beecher Community Center. 4. STORAGE: SSA understands that the Beecher Community Building has very limited storage space, and that it will have to limit its use of storage areas to the least use possible, and will have to share such space with other uses within the building, including, but not limited to any entity conducting the ongoing nutrition program. All structural improvements must be approved by City staff as well as the Park Board prior to beginning such improvements. All improvements should be done with the common interest and use of the building, or area in mind. Said improvements will become a part of the building, owned by the City, and shall be surrendered without compensation (except as provided in Section 5 regarding early termination by the City) upon the termination of the lease regardless of the reason for termination. 5. TERM OF THIS AGREEMENT: This agreement shall have a term of 5 years commencing on October 1, 2005 and concluding on September 30„ 2010. In addition to the term, the parties agree that either party may terminate the agreement (without the need to express a reason or cause)upon 60 days written notice to the other party. If the City exercises this option, terminates this agreement prior to August 1, 2010, then it will be responsible(at the City's sole discretion)to either provide mutually agreeable replacement space or to make payment to Senior Services for the prorated value(using a time line of 5 years) of the actual cost of the improvements(as certified by the construction contractor within 30 days after SSA takes possession) placed into the Beecher Center and retained by the City after the termination. SSA agrees that if the City chooses to provide mutually agreeable replacement space, then SSA's agreement shall not be unreasonably withheld. 6. MAINTENANCE, REPAIRS, UTILITIES. SSA shall be responsible for maintaining (cleaning) its exclusive space as well as the Main Room. Said maintenance shall be limited to keeping the premises clean and orderly,but shall not include any repairs to the structure, nor shall it include major cleaning including but not limited to power washing and buffing of floors. All other cleaning, and all other repairs of the exclusive premises, as well as the common areas shall be the responsibility of the City, and such is considered and included in the Monthly Maintenance Fee. However, if SSA makes incidental use of the Kitchen, then it shall be responsible for cleaning the Kitchen consistent with the requirements placed upon other users. The SSA shall work in concert with the City for quarterly and annual scheduled maintenance of all common areas. The City will schedule this routine maintenance at time with the least possible impact to daily operations. 7. INSURANCE: SSA shall maintain general liability insurance under its name, and name the City as an additional insured on said policy of insurance, the terms and limits of the policy must by agreeable and agreed upon by the City Director of Finance. 8. SIGNS: SSA shall be allowed to place a sign, or signs,upon the Beecher Community Building or in front of the Beecher Community Building to assist residents in finding the services. Said signs shall be in number, location, size and character solely upon the Agreement of the Executive Director of Parks and Recreation, and all signs shall conform with the City's sign ordinance. 9. COMPLIANCE WITH ALL LAWS AND REGULATIONS: SSA shall conduct their activities and uses of the premises, and maintain the premises at all times in keeping with all applicable laws and regulations including but not limited to the Health Regulation regarding the preparation of food and use of the kitchen area. 10. NOTICES: All notices shall be given by hand delivery to the other party at the Beecher Community Building(for Senior Services) and to City Hall (for the City). This agreement made on October 1, 2005 SENIOR SERVICES ASSOCIATES By: Its: Attest: By: Its: UNITED CITY OF YORVILLE Arthur F. Prochaska, Jr., Mayor Attest: Jackie Milschewski, City Clerk Page 1 of 1 Lisa Pickering From: John Wyeth [jwyeth@yorkville.il.us] Sent: Thursday, September 08, 2005 3:05 PM To: bmccrory@seniorservicesassoc.org Subject: Third Draft 8.31.05 Beth: This email will serve to confirm our telephone call earlier today. Specifically, you have indicated that Senior Services is in agreement to the fixed maintenance Here's a red line of the draft. I'd like to be able to fill in the blanks in the preambles re: Number of years. If you know, please call and/or email back. I've given this an October 1, 2005 begin date. Otherwise, I think that the document captures the agreement of the parties. 9/8/2005 Ci TY CLL. ,_ K,- -11 I k � Illinois Department of Transportation Division of Highways/ District 3 700 East Norris Drive/ Ottawa, Illinois/ 61350-0697 Telephone 815/434-6131 August 29, 2005 Ms. Jacquelyn Milschewski City Clerk 800 Game Farm Road Yorkville, IL 60560 Dear Ms. Milschewski: Enclosed is a copy of Audit Report No. 56 covering the receipt and disbursement of Motor Fuel Tax funds by your city for the period beginning January 1, 2004 and ending December 31, 2004. PLEASE REFER TO BLR 7402 OF THE AUDIT FOR THE AUDITOR'S COMMENTS. This report should be presented to the Mayor and the City Council at the first regular meeting after the receipt of this letter and then filed as a permanent record in your office. If you have any questions or require additional information, please contact Deb Baxter at 815-434-8421. Sincerely, Gregory L. Mounts, P.E. Deputy Director of Highways Res in Two Engineer By: James R. Thread ill III, P.E. Threadgill Local,Roads & Streets Engineer cc: Debra Baxter, MFT Auditor Ct lL& 1)-44 ILLINOIS DEPARTMENT OF AUDITOR'S CERTIFICATE TRANSPORTATION AUDIT REPORT NO. 56 CITY OF YORKVILLE We hereby certify that we have audited the books and records in so far as they pertain to the receipt and disbursement of the Motor Fuel Tax Fund of the City of YORKVILLE for the period beginning Jan. 1, 2004 and ending Dec. 31, 2004 , and that entries for receipts in these books and records are true and correct and are in agreement with the records maintained by the Department of Transportation and that entries for disbursements are supported by canceled warrants or checks with exceptions noted in the audit findings. We further certify that we have verified entries in the claim registers with the original claims and canceled warrants, that we have examined and checked the records fo the City Clerk and City Treasurer, have compared the expenditures listed in the warrant registers of those offices against the minutes of the City Council maintained by the City Clerk and have found them to be in accordance therewith exceptions noted in the audit findings. Lot AarLe.. Auditor REVIEWED AND APPROVED BY Date: --, ��("` Di ict ocal Roam .nd Streets Engineer BLR 7401 ILLINOIS DEPARTMENT OF AUDITOR'S COMMENTS TRANSPORTATION Audit Report No. 56 CITY OF YORKVILLE Audit Period:Jan. 1,2004 to Dec. 31, 2004 Purpose of Audit: To determine the status of Motor Fuel Tax Funds as of Dec. 31,2004 The other receipts to the Motor Fuel Tax Fund were $208,304.36 received as follows: Interest 2004 4,529.47 State of Illinois 123,867.18 Project Fund 79,907.71 Total received: $208,304.36 The 2003 Maintenance Expenditure Statement was on file at time of audit. A final report is on file for 01-00024-00-TL. Adequate records are available to support Fund activity. This Audit was done on a selective sampling basis. BLR 7402 (Rev. 1-90) SIGNED . ILLINOIS DEPARTMENT OF Fund Balance and Bank Reconciliation TRANSPORTATION AUDIT REPORT NO. 56 City of YORKVILLE Date: April 26, 2005 Audit Period Jan., 1, 2004 - Dec. 31, 2004 Fund Balance Unobligated Obligated Total Outstanding Warrants PreviousBalance • 255,081.50 (54,809.77) 200,271.73 AllotmentsCert. - .1 111 225,473.60 Total • 480,555.10 :1• 425,745.33 Approved Authorizations .1 269,833.60 0.00 • -r Receipts 21: 1 208,304.36 Total / 1 423,328.19 634,049.69 Disbursements 263,801.70 263,801.70 Surplus -• 1. 691. 690.00 Unexpended 370,247.99 Bank Reconciliation Balance in Fund per Bank Certificate Dec. 31, 2004 437,637.15 Deduct OutstandingSi Additions .22Add Outstanding investments 1.06 Subtraction'sNet A • Dec. 31, 2004 370,247.99 L 7403 (Rev. 1/90) I 494-0654 L 494-00654 Certified Correct Auditor SUMMARY OF MOTOR FUEL TAX FUND TRANSACTIONS ILLINOIS DEPARTMENT OF TRANSPORTATION BY SECTIONS AND CATEGORIES CITY OF YORKVILLE Audit Period: January 1,2004-December 31,2004 Audit Report No.56 Surplus to Prey. Total Balance Total Amount Other Total Funds Total Unobligated Unexpended SECTION Prey.Audit Authorized Adjustments Receipts Available Disbursements Balance Balance Accumulated Accumulated (Credits) Disbursements Disbursements 0.00 _ o.o0 0.00 MAINTENANCE 0.00 0.00 0.00 02-00000-00-GM 11,256.70 11,256.70 11256.70 _ 0.00 36,797.73 36,797.73 0.00 0.00 0.00 03-00000-00-GM 53,822.50 53,822.50 46,702.28 _ 7,120.22 25,168.04 71,870.32 0.00 0.00 0.00 04-00000-00-GM 149,137.30 149,137.30 102,840.02 - 46,297.28 102,840.02 0.00 _ 0.00 0.00 - CONSTRUCTION 0.00 0.00 0.00 - 01-00024-00-TL 33,908.62 33,908.62 _ 33,908.62 12,750.54 12,750.54 ENG 0.00 _ 0.00 0.00 02-00028-00-TL (129,303.33) 19,803.18 123,867.18 14,367.03 14,367.03 (0.00), 129,303.33 143,670.36 - ENG 1,642.50 1,642.50 1,642.50 0.00 42,090.71 43,733.21 03-00031-00-FP 0.00 _ 0.00 0.00 ENG 65,342.00 .1 65,342.00 59,542.00 5,800.00 59,542.00 00-00023-00-FP 0.00 28,810.32 _ (28,810.32) 28,810.32 ENG 0.00 0.00 5,698.00 5,698.00 0.00 0.00 0.00 OBL RETIREMENT0.00 0.00 0.00 00-00023-00-GB 7,072.23 79,907.71 86,979.94 9,665.50 79,907.71 (2,593.271 87,061.60 96,727.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ERROR 0.00 232.05 .. (232.05) 232.05 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST 0.00 0.00 0.00 03-00000-00-AC 2,342.13 2,342.13 2,342.13 0.00 0.00 04-00000-00-AC 4,529.47 4,529.47 4,529.47 0.00 0.00 _ 0.00 0.00 05-00000-03-AC OTHER 0.00 13,187.00 (13,187.00) 0.00 - 0.00 0.00 0.00 (54,809.77) 269,833.60 0.00 208,304.36 423,328.19 263,801.70 106,693.54_ 52,832.95 338,869.95 602,671.65 BLR 7406(Rev.1-90) STATEMENT OF ACCOUNT Ul LffL a CF y LAST STATEMENT: NOVEMBER 30, 2004 c 011.1 THIS STATEMENT: -DECEMBER',31, :-2004 CASTLE BANK TOTAL DAYS IN STATEMENT PERIOD: 31 PAGE NUMBER A UNT NUMBER PAGE 1 OF 1 P4s. C11/ED DIRECT INQUIRIES TO: 1-800- 990-5713 MinnkiiiI11II Ihhnflu.I1I11ll nitwit Hal CASTLE BANK N.A. CITY OF YORKVILLE 141 W LINCOLN HWY 800 GAME FARM RD DEKALB, IL 60115 YORKVILLE IL 60560 c© Y3 p - 1 Vt 0 TfwIV' y C E S, z -a.s:``az v_ a-xw.z,_x..w.rn_>3t.=-,:sa.:au ,.Yw_."';: .•....,.e w=. .m..-Ksc.>a.? a-..,s>..;a,; ...+a,.wrs Sh,>a..,a>>: .,=u,<ur.ov..s =..J' '" ' ACCOUNT NUMBER ENDING BALANCE PUBLIC FUNDS NOW ACCOUNT 437, 637. 15 rr - a s ar s°> TMT 1, 3:..^..:.:m='>.t3:..,i > '.vr,:. .a :5.::..,. : ..,µ;;sa„? ,^s:si .,. ...;.c..s..zer. -«sc:vw>...M.,:'.s.;re,,.< dM..:-x..:_..v..,:..x.:.:.+._r_..:,1;v4s.. t,;:ACCOUNT NUMBER BEGINNING BALANCE 421,010. 42 0080513239 LOW BALANCE 420,672. 85 AVG COLLECTED BALANCE 437,487. 00 3 ENCLOSURES INTEREST PAID YEAR TO DATE 4,552. 98 TOTAL ADDITIONS 21,922. 54 TOTAL SUBTRACTIONS 5,295. 81 NUMBER DATE AMOUNT NUMBER DATE AMOUNT 5154 12-01 341.00 \-/' 5159 *12-31 4,400. 007..5156 *12-21 554.81, * SKIP IN CHECK SEQUENCE DATE DESCRIPTION ADDITIONS SUBTRACTIONS 12-01 #WIRE TRANSFER-IN 3. 43/FROM US BK MINN- JNC 12-07 #PREAUTHORIZED CREDIT 21,270. 48 Illinois Funds AUTOTRSF MOTOR FUEL 12-31 #INTEREST CREDIT 648. 63 DAILY BALANCES DATE AMOUNT DATE AMOUNT DATE AMOUNT 11-30 421,010. 42 12-07 441,943.33 12-31 437,637. 15 12-01 420,672.85 12-21 441,388. 52 reinFDIC —001680 0060617779 sr,,,.E. The': Account Number: y T _ 2; fib IR , w; LINT Statement Period: i, x.> FIKTICs Dec. 1 2004 4;,.7.7.3.., :',.., 1--, through 09304 000000 637LBZN Y STO1 e,c)CRY Dec.31,2004 Page 1 of 1 UNITED CITY OF YORKVILLE EV:P MFT s Tr The Illinois Funds 800 GAME FARM RD YORKVILLE IL 60560-1133 By Phone:1-800-947-8479 E-Mail: illinois.funds@usbank.com Internet: www.illinoisfunds.com 1NF.4N ou—; N+E) 1 LC3 KN 1r ..._ In observance of the following 2005 holidays,The Illinois Funds will be closed: Friday,January 14 Early Close 12 PM and Monday,January 17 Closed Martin Luther King Day Observed Friday,February 18 Early Close 12 PM and Monday,February 21 Closed Presidents'Day M©MARKS' :___::_.___,__.__: _ _==:_: M=:__::_:._::::-:,:: :__ :_________.___:___:-_.-;__=__=:;:_- _____:_-::__. ... ...= Account Number 1-516-0000-3520 Account Summary Items Beginning Balance on Dec. 1 3.43 Other Deposits 2 21,271.54 Interest Paid this Year 4.49 Other Withdrawals 2 21,273.91- Average Daily Balance 686.14 Number of Days in Statement Period 31 Ending Balance on Dec.31,2004 $ 1.06 Other Deposits Date Description of Transaction Ref Number Amount Dec. 6 Electronic Deposit From STATE OF ILL 21,270.48 REF=20043412868550 Y 1376002057MOTOR FU EL300009630000000 Ma 'l -li[Otet. tt Pt......-------.. Total Other Deposits 21,271.54 Other Withdrawals Date Description of Transaction Ref Number Amount Dec. 1 Wire Debit REF003518 CASTLE DE KALB 041201009801 3.43- BNF=UNITED CITY OF YORKVILLE*800 GAME FARM RD Y C_ mor:n,;Ilhrtots::Ft rrds.._...._...._..............__.........._......_.._............_.........._...._........_.._........__...._......_...........::_:.:._:..........:...__......- =--_.:.._::.._'[;:,'`'.:.:......_..:..;EES:ctrorttc.i ithdrat ra.,..:_::.:::_::_:::::_._,...:::.___::._........__.._........__................................_....__........_...._...._._........-....---...._......_......_......_.._...._..._..---..__...._....----........_.._....,._:_:__,___.:.:_:..._._._.._....__.._...._....__........_ Total Other Withdrawals 21,273.91- Balance Summary Date Ending Balance Date Ending Balance Dec. 1 0.00 Dec. 7 0.00 Dec. 6 21,270.48 Dec. 31 1.06 Balances only appear for days reflecting change. r .- . .__._ ... .. v .. .- a ,. .. J V,/VJ/,./J r M V'11. is iv DEPARTMENT OF TRANSPORTATION - ANNUAL - LOCAL AGENCY MOTOR FUEL TAX AUDIT REPORT DISTRICT 03 COUNTY 093 AGENCY TYPE 3 AGENCY NAME YORKVILLE TRANS. TRANS. TRANS. SECTION UNOBLIGATED DATE TYPE NUMBER NUMBER CATEGORY ALLOTMENT AUTHORIZATION CREDIT PAY TO STATE BALANCE $ 255,081 .50 12-31-03 ALLOTMENT $ 14,246.49 $ 269,327.99 01-31-04 ALLOTMENT $ 14,436.50 $ 283,764.49 02-26-04 AUTH 040226905 020002800TL ENGINERNG $ 1 ,215.00 $ 282,549.49 02-29-04 ALLOTMENT $ 15,394. 14 $ 297,943.63 , 03-15-04 CREDIT 040315050 030000000AC INTEREST $ 2,342. 13 $ 300,285.76 03-15-04 AUTH 040315051 020002800TL CONT CONS $ 19,803. 18 $ 280,482.58 03-15-04 CREDIT 040315052 020000000GM MAINT $ 11,256.70 $ 291,739.28 03-30-04 AUTH 040330742 040000000GM MAINT $ 63,432.00 $ 228,307.28 03-31-04 ALLOTMENT $ 12,926. 10 $ 241,233.38 04-05-04 CREDIT 040405972 000002300GB OBL RETMT $ 79,907.71 $ 321, 141.09 04-05-04 AUTH 040405976 020002800TL ENGINERNG $ 427.50 $ 320,713.59 04-30-04 ALLOTMENT $ 18,839.54 $ 339,553. 13 05-31-04 ALLOTMENT $ 24,964. 17 $ 364,517.30 06-30-04 ALLOTMENT $ 18,903.70 $ 383,421.00 07-27-04 AUTH 040727018 030003100FP ENGINERNG $ 8,590.00 $ 374,831.00 07-31-04 ALLOTMENT $ 21,563.82 $ 396,394.82 08-12-04 AUTH 040812579 040000000GM MAINT $ 23,082.67 $ 373,312. 15 08-12-04 AUTH 040812580 040000000GM MAINT $ 60, 133.55 $ 313, 178.60 08-27-04 AUTH 040827034 030003100FP ENGINERNG $ 21,769.50 $ 291,409. 10 08-31-04 ALLOTMENT $ 21 ,938.55 $ 313,347.65 09-09-04 AUTH 040909366 030003100FP ENGINERNG $ 22,288.75 $ 291,058.90 09-30-04 ALLOTMENT $ 22,866.84 $ 313,925.74 10-05-04 AUTH 041005140 010002400TL CONT CONS $ 33,908.62 $ 280,017. 12 10-05-04 AUTH 041005141 030003100FP ENGINERNG $ 2,493.75 $ 277,523.37 10-31-04 ALLOTMENT $ 18, 123.27 $ 295,646.64 11-05-04 AUTH 041105122 030003100FP ENGINERNG $ 4,400.00 $ 291 ,246.64 11-08-04 AUTH 041108223 040000000GM MAINT $ 2,489.08 $ 288,757.56 11-30-04 ALLOTMENT $ 21,270.48 $ 310,028.04 12-07-04 AUTH 041207916 030003100FP ENGINERNG $ 5,800.00 $ 304,228.04 12-15-04 CREDIT 041215310 050000003AC OTHER CAT $ 13, 187.00 $ 317,415.04 TOTALS $ 225,473.60 $ 269,833.60 $ 106,693.54 $ .00 $ 317,415.04 Pc. 1 k o United City of Yorkville Memo "�' 800 Game Farm Road EST. �.` �-1836 Yorkville, Illinois 60560 Telephone: hone: 630-553-4350 Oo Fax: 630-553-7575 Date: September 12, 2005 To: Mayor& City Council From: Traci Pleckham—Finance Director CC: Tony Graff—City Administrator Harold Martin—Chief of Police Subject: Chevy Tahoe Purchase—Funding Recommendation Upon review and discussions with Mayor Prochaska and Chief Martin, the recommendation for funding the Chevy Tahoe purchase would first come from the Police Capital Fund. At this time, it would take approximately 300 building permits(fees are $150 & $300/permit)to offset the Tahoe purchase and the current deficit in the Police Capital Fund. In the event Police Capital funds have not been received by the end of this fiscal year, General Fund(Contingency or Fund Balance dollars) would fund the dollars needed. The intent would be that General Fund would be repaid by future Police Capital fees. For planning purposes, the Chief and I are also researching options as it relates to future timing/funding for Police Capital needs.