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COW Minutes 2002 11-19-02 Page 1 of 9 APPROVE[) 131 01 Co wll UNITED CITY OF YORKVILLE ON ��ag GS - $ COMMITTEE OF THE WHOLE NOVEMBER 1 2002 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderwoman Rose Spear Alderman Richard Sticka Alderman Marty Munns Alderman Mike Anderson Alderman Joe Besco Alderwoman Val Burd City Clerk Jackie Milschewski City Treasurer Bob Allen CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse Police Chief Harold Martin Director of Parks & Recreation Laura Brown City Attorney Dan Kramer GUESTS: See attached list. PRESENTATION ComEd Annual Report Marsha Hudson from ComEd presented the 2001 Annual Report. She stated that the Model Franchise Agreement that ComEd signed with the United City of Yorkville in 1992 provides for a presentation of an annual report by a company representative. It indicates how ComEd is servicing the City. Ms. Hudson distributed a copy of the report which covered the following information: ➢ Electrical System Performance- Reliability Indices Graphs which show the number of interruptions by cause, per customer and the average length of them. The graphs indicate that there are fewer interruptions in Yorkville than the company standards but they are longer than the standard. ➢ Outage Interruption Report — The report shows the date and time when service was interrupted and restored, the duration of the outage, how many customers were affected and the cause of the interruption. Also contains a glossary of interruption causes. ➢ Electrical System Improvement — lists the capacity, public and reliability improvements and new business. The report lists improvements scheduled throughout the year. Some have been completed and some are ongoing. ➢ Tree Trimming - ComEd trims trees to keep electricity flowing, for safety and for the health of the tree. The report indicates trimming is scheduled to begin in January 2003 and should be finished by June 2003. Ms. Hudson asked if there were any questions or comments. Mayor Prochaska noted that the average response time is above the company's standard and asked how ComEd is trying to rectify this. Ms. Hudson explained that ComEd Stations are not manned so when there is a power failure, ComEd depends on customers to report it. When a call is received, they need to find the area that is having the problem, find the problem itself and then repair the problem. Mayor Prochaska asked how close the crews are to the area. Ms. Hudson explained that their "barn" is in Montgomery. Between the hours of 8:00 A.M. and 4:30 P.M. full crew are available. If a storm is predicted, they try to hold over crews. After hours, there are only two or three crews available. She also explained how they can mobilize crews from other areas if they are needed. She stated that ComEd is trying to be more proactive than they have been in the past. There were no further comments or questions. Page 2 of 9 OLD BUSINESS Windett Ridge (Coach Road Hills) PUD Agreement Trails City Administrator Tony Graff reported that all the issues raised at the public hearing have been resolved and the developer has presented their preliminary plat. He stated that there will be a private trail around the wetland pond/detention area which the developer will construct using limestone screenings. The Park Board agreed that since this is a private trail and there will be a Special Tax Service Area (SSA) and a Homeowner's Association, limestone is acceptable and can be easily converted to asphalt if needed. Larry Vaupel of Wiseman- Hughes pointed out that they are preparing an out lot along side the ComEd right -of -way for a bike path. They are doing this because they do not want to construct a path and then have it torn up when the sanitary sewer line comes in and also they hope to preserve existing trees in the area. He stated that only the private trail will be limestone; regional trails will be asphalt. Mayor Prochaska noted that on page three of the first amendment to the PUD agreement the developer is contributing only 50% to the cost of constructing the bike path. Mr. Vaupel stated that the City can get grants to use toward the other 50% of the bike path. The developer will use the remaining 50% and apply it to a tot lot which was not on the original plan. Tot Lot Alderman Kot questioned why the tot lot is not being built until Unit 2 is closer to being built. He pointed out that a number of people could be living in the development before this occurs. He asked if this schedule could be moved up. Mr. Vaupel explained that the area of the park will be used to stock pile top soil. The park cannot be installed until this area gets its final grading. He also pointed out that Unit 1 consists of 44 houses and that Unit 2 will be started in spring. Mr. Graff stated that if this is timed properly, the tot lot would be in before a third of the homes in Unit 2 are completed. Developer's Office & Signs Also discussed was the site for the developer's mobile office. The site will be landscaped and have a hard - surface parking lot. The office will be permitted until 95% of the occupancy permits are issued. The developer will provide a site plan of the office for approval. Also, two signs are permitted. Mr. Vaupel noted that the current agreement allows for two 120 square foot signs. They have proposed two 100 square foot signs with one being removed when the entry monument is constructed around the time of the completion of Unit 1. The developer would still prefer the signs to be 120 square feet in an effort to make them more visible to traffic. The Council was comfortable with the 120 square foot signs. School Transition Fee The fee structure was discussed. Mr. Graff stated that Alderman Sticka asked if the developer would consider increasing the school transition fee which has increased since the original agreement was approved. The developer has proposed that the first 142 homes stay at the $1,500.00 fee and the new transition fee of $3,000.00 would be applied to the next 142 homes. Mayor Prochaska noted that the developer is only obligated to the original $1,500.00 fee and is doing this voluntarily. He asked why 142 homes were picked. Mr. Vaupel explained that the number of homes was based on the amount of money the developer is fronting. Alderman Sticka was satisfied with the offer. Landscaping Mr. Graff state that the developer is adopting the City's new landscaping ordinance. As part of this there will be buffer areas between the commercial and the residential areas and along Route 47. The old agreement required a 30' setback but the new plan will have a 50' setback where the residential portion is and 30' setback for the commercial portion. City Planner Mike Schoppe agreed to this due to the shape of the area. Mr. Graff pointed out that the previous plan had very minimal buffering. Page 3 of 9 I Traffic Light Mr. Graff stated that the original language concerning the traffic light at Route 47 stated that the developer would pay 100% of the non -IDOT share. This has been changed to reflect a 50% contribution toward the traffic light since the developer only owns two sides of the intersection. The owners on the other side of Route 47 would be responsible for the remainder. Booster Station & Water Tower Mr. Graff indicated that Engineering Enterprises, Inc. (EEI) has identified a new water zone on the south side. A booster station is being required at the The Highlands development site along with a water tank. The City has asked Wiseman- Hughes to prepay the $800.00/house connection fee for at least 100 homes. Rich Guerard of The Highlands has also agreed to prepay. These funds will give the City money to begin building the booster station and the water tower. He noted that a water tower is not currently needed to service the zone but it would be good to get the booster station built in the next 12 months. Alderman Kot asked if the City was legally obligated to build the water tower within three years and what would happen if it isn't built. The Council discussed the language on page 7, item F of the agreement and it was decided to change the language so as to not tie the City to a specific time period. Architectural Standards Mr. Graff stated that the developer has included architectural standards to be applied to the commercial area (page 5, item C of the agreement). These standards are similar to those in the City's proposed architectural standards. Sanitary Sewers The sanitary sewers were discussed. Mr. Graff stated that the developer will front fund the City's Sanitary Sewer Improvement Fee ($1,800.00/house) and the River Crossing Fee ($122.50/house) for the whole development not per phase. They are also contributing an additional $170,000.00 toward the River Crossing Interceptor. Mr. Graff discussed the formula that was used to determine the developer's portion of the project. Also discussed was the possible reimbursement of the user fee from the utility billing ($108.00 /year/house) to only the developers of The Highlands and Windett Ridge for sewer improvements. Also discussed was page 8, item G regarding the City providing sanitary sewer capacity for the entire development with in three years of receipt of the fees from the developer. Attorney Kramer suggested alternate language and referred to his letter to Mr. Graff dated November 15, 2002 (see attached). Mr. Graff read the Attorney Kramer's recommended language from the third paragraph of the letter and the Council further discussed this. Mr. Vaupel stated that the developers concern was that they were contributing up front to the sewer improvements but were not being given any guarantees that the sewers would be provided. Mayor Prochaska noted that the City could not make any guarantees because the YBSD is also involved. Mr. Vaupel thanked the Mayor, Mr. Kramer and Mr. Graff for their efforts with working with YBSD. There were no further comments. It was decided to clean up the agreement as discussed and bring it back to the Economic Development Committee meeting on November 21, 2002 for their review then on to the City Council meeting on November 26, 2002. The Highlands Annexation Agreement Mr. Graff noted that there were quite a few revisions on this agreement. There is an updated version and Attorney Kramer will be meeting with the developer tomorrow on November 20` to discuss it. Mr. Graff noted that the developer and adjoining property owners are in agreement on issues and the preliminary plat and engineering reflect this. The developer has worked out issues of the right to farm and buffering with adjoining property owner Mrs. Block. Alderman Sticka asked about the issue concerning the installation of a well because run -off from the development might contaminate the farm's pond which is used to water cattle. Mr. Guerard from Wyndham i I I Page 4 of 9 Deerpoint Homes stated that this is under investigation and if this is the case, the developer will install a well. There was no further discussion and it was decided to bring this matter back to COW in December. NEW BUSINESS Citv Secretary Job Description Alderwoman Spears reported that this item was discussed at the Administration Committee meeting and the new description is in keeping with the updating of the City's positions. The Administration Committee recommended a resolution for the new description. Mayor Prochaska questioned if the description should state that the position reports to the department head not the City Administrator so that it could be used universally throughout the City. Alderman Sticka noted that some of the job functions might not apply to other areas of the City. Alderman Kot noted that if this position was created in another area, the description could be modified. Alderwoman Spears agreed that this description could be a base and tweaked if needed for other areas. Mayor Prochaska stated that this description could be "Secretary — City Administration" and there could be other such as "Secretary — Police Department" or "Secretary — Public Works ". The descriptions would follow the same format. Alderman Anderson questioned the experience requirements. Alderwoman Spears noted that someone without experience would be more qualified for a clerical/receptionist position. Mr. Graff noted that the labor attorney had not reviewed the description. It was recommended that this item be placed on the November 26, 2002 City Council agenda for approval pending the labor attorney's review. Old Kendall County Jail Discussion Alderwoman Spears reported that there was a Kendall County Facilities Management meeting November 18, 2002 but neither she nor Alderwoman Burd was able to attend. She stated that at that meeting Joyce Barrett was asked if the City of Yorkville was interested in the jail. Because of this, Alderwoman Spears stated that she attended the Kendall County Board meeting earlier in the day where she explained to them that one Council member alone could not respond to their question if the City was interested in the building. She also explained that the City had questions regarding the building that needed to be answered before it could make a commitment. John Church of the Board stated that no action would be taken until December 1, 2002 when the new Board was installed. He also stated that they have until June 1, 2003 to apply for historical status and to obtain appropriate funds. Alderwoman Spears informed the Board that the City Council would like information on the building so that they could make a decision within the County's time frame. Mr. Church agreed to this. The new County Administrator Jeff Wilkes asked for a j copy of Alderwoman Spears notes so that he could review them. He stated that he would be contacting Mr. Graff in order to work with the City. She expressed the need for clear communication between the City and County. Alderwoman Spears reported that the County further discussed what they felt were the pros and cons of the historical classification of the building, funding for renovation, etc. The Council further discussed the building. Mayor Prochaska agreed it better to wait for the new County Board to be seated before discussing this further with them. Alderwoman Burd asked the Council if there was interest in pursuing this because if there wasn't the subject should be dropped with the County. The discussion included the possible use of the building, the downtown plan, cost of renovation, cost to acquire the property, county verses state codes to Page 5 of 9 disposing of public property, private versus public use of the property, etc. Alderwoman Burd suggested that once the new Board takes over an ad hoc committee be formed with the County to get the facts on the building. Alderman Sticka suggested that the Committee consist of City staff instead of elected officials. Mayor Prochaska suggested that Mr. Graff meet with the new County Administrator and Rodger Dahlstrom of Northern Illinois University (conducting downtown study) to discuss the building. Alderwoman Burd voiced her opinion that she felt the "heart" of Yorkville is only one block long and she would like the Council to try and preserve what is there. She explained that Joyce Barrett has done research on the building and there are possibly only .two similar buildings in existence in the state. This item will be brought back to a COW meeting after the discussion. Street Name Nominees and Letter to Nominees Alderwoman Spears reported that the Human Research Committee (HRC) has prepared a letter to send to those nominated for street names or their family members. They also will be interviewing nominees or their families. HRC member Elden Madden has asked for the Council's approval of the letter. Alderman Kot commented that the forms are excellent and very well done. The Council agreed. Alderman Kot asked if HRC has a list put together. Alderwoman Spears stated that the first list which she gave Alderman Kot was recommended and accepted by the HRC and the names of J. Dennis Hastert and Jeaness and Curt Medin have been added. Alderman Anderson commented that he had never seen the original list. Alderwoman Spears noted that it was sent to the Public Works Committee and she would get a copy to him. The Council agreed that the HRC should be advised to move forward with the program. Grande Reserve — Metro Traffic Studv Contract Mayor Prochaska reported that The Grande Reserve developer is looking to use the Metro Transportation Group to perform a traffic study for the development however the group will be hired through the City. This ensures that the group uses the City's guidelines and standards. Mr. Graff stated that the City's contact person for traffic studies is Police Chief Harold Martin. The scope of services will be reviewed by Chief Martin and City Engineer Joe Wywrot. The objective is to have the traffic study done with input regarding the character of the area and behavior patterns. Chief Martin, Mr. Wywrot and a representative with Engineering Enterprises, Inc. met with Metro and they felt that the proposal was adequate. The City will hire Metro but the developer is paying for the study. Attorney Kramer commented that Kendall County has been using a smaller firm for traffic studies and they have been doing a good job. He suggested in the future the City may want to use them. He stated that he would get the information for the Council. Alderwoman Spears noted that the contract states "village" of Yorkville and asked that this be corrected. This item was placed on the November 26, 2002 City Council agenda. Review of Revised Aurora Area Convention & Tourism Bureau (AACVB) 3 -vear Contract Alderwoman Spear reported that the five -year contract with a clause to "opt out" after three years was discussed by the Administration Committee. Two members of the Committee recommended that the Council approve this contract however one opposed it. Alderman Sticka noted that AACVB stated that this was a "take it or leave it" contract with the three -year option the only one on the table. Alderman Munns noted that he asked AACVB why the City couldn't just have Page 6 of 9 three -year contract and they explained that they wanted to have a uniform five year contract with all the cities involved. The Council discussed how AACVB is reimbursed for their service. Alderwoman Spears noted that as of September 2002 Yorkville collected $18,335.82 with the hotel tax and paid AACVB 90% of this or $16,502.24. Other cities participate but because they do not have hotels or motels they do not contribute funds. The Council discussed how the City benefits from AACVB's services. Alderwoman Spears stated that she spoke with Greg Freeman of Freeman Sports regarding the coupon offer in the AACVB's brochure. He stated that he had two responses and coupons generally don't do very well. Alderwoman Burd stated that she spoke with Mr. Freeman who pointed out that the coupon offer was a small percentage of what AACVB has done for him and he supports them and their services. She stated that Alderwoman Spears only asked about the coupons. Alderman Sticka noted that the coupons are way to measure the effectiveness of the advertising. Alderwoman Spears also stated that she contacted the City's hotel properties. She was unable to talk with the owner of Lydia's but spoke with Mr. Patel of the Super 8. She was uncertain if it was Mr. Patel the owner or Mr. Patel the manager she spoke to. She asked his opinion if the City should renew the contract with AACVB and he stated that he had no way of tracking if he received business due to their advertisements. He also felt that they did not benefit from AAVCB. Mayor Prochaska stated that he would like to clarify if this information was from the owner or manager of the hotel. Alderwoman Spears stated that she also asked if the advertising the AACVB does was worth the tax dollars collected by the City. Mr. Patel stated that he felt only the large cities benefited from advertising in the visitor's guide. He noted that they asked him to participate in a coupon event for a local canoe event and he did not receive any customers from it. Alderwoman Burd commented that owner of the Hampton Inn in Aurora spoke with Mr. Patel the owner of Super 8 and they discussed the AACVB. Mr. Patel told him that he was not in favor of Oswego pulling out of the contract and he was not aware that his Oswego hotel would not be promoted. Alderman Sticka commented the contract did not state the amount of Yorkville's contribution and there was very little in the contract stating what they were going to do for the City. Attorney Kramer stated that the Council had a copy of the intergovernmental agreement and not the specific long form agreement. Mayor Prochaska commented that if the City is not going to promote tourism it could forget about grants that apply to tourism. He stated that he was personally against ending the contract. He stated that neither the City nor the Chamber of Commerce has appointed someone to be a point person to verify that AACVB is working for the City. He also stated that if the City truly wants to break away from the AACVB it needs to set up for it by establishing an alternative for this service. This contract would give the City three years to get things in order. Alderman Sticka stated that he agreed that the contract should not be dropped but would prefer if the City could renew it on a year -to -year basis. The Mayor noted that the City will not be at the point in one year to take over tourism. Alderwoman Spears asked if the City could require the AACVB to present an annual report. She also asked if something could be included in the contract regarding performance standards. Attorney Kramer stated that he needed to review the original agreement to verify the wording. Alderman Anderson also asked to see the original agreement because he was concerned with the i Page 7 of 9 fact that cities without hotels contribute nothing to AACVB and Yorkville is contributing 90% of its hotel tax. It was decided that the Council would be provided with a copy of the original agreement and this item would be brought back to the next COW meeting. 2003/2004 Tax Lew Alderwoman Spears stated that the Administration Committee reviewed the tax levy and recommends that the City move forward with Option 1. Mayor Prochaska explained that the City has gone through the same procedures it has used in past years. It looked at the average increase in assessed value and adjusted the rate per that. He noted that this year there wasn't a general reassessment so the average assessment increased by 1.6 %. The City used the 1.6% increase and applied the same formula that was used last year to determine a rate of .9126. This helps to maintain a level tax dollar amount. The Equalized Assessed Value (EAV) is growing and even with holding the City's tax rate the City will see an increase in funds coming in. Mayor Prochaska also recommended Option 1. Alderman Kot commented that historically the Council has done a great job of holding the line on taxes and he also recommended Option 1. The consensus of the Council was to follow Option 1. A public hearing for this item was scheduled for December 10, 2002 with it going on the City Council agenda for approval on December 17, 2002. Sponsorship Proposal for Park Brochure and Citv Newsletter Alderwoman Spears complimented Executive Director of Parks & Recreation Laura Brown on the Parks & Recreations brochure. She stated that Ms. Brown is proposing that business pay for advertising in the Park & Recreation brochure as well as the City's newsletter. The Administration Committee discussed this and two members opposed advertising in the City's newsletter because they felt this wasn't appropriate but they agreed to it in the Parks & Recreation Brochure. Alderwoman Spears noted that the current cost of the newsletter is $700.00 /publication and the brochure is $2,200.00 /publication. The Council discussed the issue. Alderwoman Burd felt that advertising compromises the City's position because it could show a preference to the businesses that advertise. She suggested that the City allocate more funds to the newsletter so that a better look could be achieved. Mayor Prochaska noted that this was not a new idea. If a business wanted to they would pay a sponsorship fee and then their logo would be placed on the back of the newsletter. He explained that he has spoken with Deputy Clerk Liz D'Anna who prepares the newsletter and she has great ideas for it. Money from sponsorships would help to create a more substantial newsletter. Alderman Kot noted that the City gets sponsors for "Music Under the Stars ". Aldermen Anderson, Kot, Besco, Munns and Spears noted that they did not have a problem with sponsorships as long as it was for Yorkville businesses and it was done tastefully. The Council discussed sponsors signs in City Parks. Alderman Sticka was against this provision. Mayor Prochaska noted that this was done every year at the River Front Festival and is done with "Music Under the Stars ". Ms. Brown stated that this is not a novel concept because other Recreation Departments in Illinois are selling sponsorships for websites, signs in parks, etc. Alderman Kot noted that he agreed with Alderman Sticka and felt that clarification between ball fields and parks should be made. He stated that he did not have a problem with print sponsorships or ball field sponsors but would not like to see signs in the parks. The Council also discussed the City's liability to stolen or damaged signs and the quality of the signs. . i Page 8 of 9 Alderman Sticka stated that Alderwoman Burd's point regarding favoritism was well taken. He wondered how local business would feel about sponsorships. Mr. Graff noted that the Chamber of Commerce was meeting the next day, November 20, 2002 and this could be presented to them for comments. Kathy Farren with the Kendall County Record was present and commented that as a business who sells advertising she had a problem with sponsorships appearing like ads. This takes away from the newspaper's advertising due to businesses advertising budgets. The City could be competing with them for advertising. It was decided to poll businesses at the Chamber meeting and bring this item back to the next COW meeting. Assist 2003 — First Time Homebuver Down Pavment Assistance Program Alderwoman Spears reported that the City has participated in this program for four or five years, it has proven to be a successful program and the Administration Committee has recommended participating in the program again. Attorney Kramer noted that a resolution needed to be passed for the program. The consensus of the Council was to send this item to the next City Council meeting on November 26, 2002. Public Safetv Reauest to Hire New Officer in January 2003 Alderwoman Spears reported that this was discussed at the Administration Committee meeting as well as the Public Safety Committee meeting. Both Committees' recommend the hiring of a person at this time because by the time the officer's training is completed it will be January. The salary for this position is in the budget. This item was placed on the November 26, 2002 City Council agenda for approval. Proruosed Contract for Web Development and Technoloev Services Alderwoman Spears stated this item was discussed at the Administration Committee meeting and they agreed the contract should be sent to COW for further discussion. They felt it was time for the City to contract with someone to take care of its web page. Mr. Graff stated that the City has been shopping for a company that could get the City's website up and running in an efficient manner. The contract in question was from Innovative Information Systems, Inc. (IIS) who had a booth at the Illinois Municipal League Conference. US recommends an analysis of the City's needs be preformed in order to develop a technology plan. The Council discussed the need for an official City website because there are other sites with similar names that are not related to the City. The need for a connection to Microsoft Server was discussed. This was recommended to assist the new accounting package when it comes to the interconnectivity of City sites. Alderman Kot asked if the fees were reasonable and Mr. Graff stated that in the past, Russ Walters charged the City $1,600.00 for a software audit. Generally speaking, fees for this type of service range between $75/hour and $125/hour. Request for Proposal's (RFP's) were discussed. Mr. Graff stated that there wasn't a formal RFP for these services. He stated that he spoke with other venders and this was the only one who sent information. Mayor Prochaska suggested that the City should do an RFP for these services. Mr. Graff stated that if an RFP needed to be done it would delay the process about twelve weeks. The cost for IIS's analysis is between $2,250.00 and $3,600.00 and an RFP is not needed for this. He also pointed out that the analysis may provide information necessary in writing a RFP for further services. Mayor Prochaska stated that he would support the analysis as long as it is made clear that RFP's will be written before implementing any technology. Mr. Graff noted that he could ask Northern Illinois University's Page 9 of 9 career development technology services to assist the City with writing the RFP after the analysis is done. The Council agreed to the contract for the technology analysis. This item was placed on the City Council agenda. Administrator's Assistant Job Description Alderwoman Spears noted that this was an update to the present description and the Administration Committee recommended a resolution for it. Mr. Graff stated that he would verify if the labor attorney had approved the update. This item was placed of the City Council agenda pending the labor attorney's approval. Board Appointments Mayor Prochaska reported that he had a nominee, Dean Bromann of White Oak Way, for the opening on the Zoning Board of Appeals. He will propose this appointment at the next City Council meeting. He noted that there are also openings on the Human Resource Commission, Fagade Committee, and two on the Park Board (Lisa Scherer resigned as of January 1, 2003 and Bill Wedge is moving out of Yorkville and December 4, 2002 will be his last meeting). The Mayor asked that if the Council knew of anyone who might be interested to please have the individuals contact him. He also asked Mr. Graff if he could develop a form for applicants. Library Architect Contract Mayor Prochaska reported that the Library Board has approved a contract with Brunidge Cassell Associated and they have voted to authorize the president of the Library Board to sign the contract. Attorney Kramer reviewed the contract and did recommend one area be deleted regarding using the American Institute of Architecture (AIA) for arbitration. The AIA is located in New York or Dallas and there is a firm located in Kane County that is more accessible and economical. Mr. Kramer stated that he discussed this with the architects. Mr. Kramer suggested ratifying the contract at the City Council meeting even though the Library Board has the authority to contract and the Board agreed to this. This item was placed on the next City Council agenda. ADDITIONAL BUSINESS There was no additional business. Mr. Graff congratulated Alderman Kot's daughter, Brittney, for making it to the Miss Teen USA Pageant the weekend on November 22 -24 He wished her good luck. The meeting was adjourned at 9:55 P.M. Minutes respectfully submitted by Jackie Milschewski, City Clerk 11/15/02 FRI 16:52 FAX 553 5764 KRAMER LAW 0 002 United City of Yorkville Est. 1898 County Seat of Kendall County 600 Game Farm Road M Yorkville, Illinois 60560 a O Phone; 630. 553.4350 '9 �? Fax: 630-553-7575 1, E November 15, 2002 Tony Graff, City Administrator City of Yorkville - 800 Game Farm Road Yorkville, IL 60560 Dear Tony: Please be advised that I have reviewed the November 15, 2002 version the Wiseman - Hughes Annexation Amendment. We previously had worked out nearly all of the language changes that were necessary for that agreement to proceed to City Council. The one area that has been very difficult for both sides since we are unsure of the funding mechanism for the sanitary sewer expansion is to provide language that indicates the City will use it's best effort to come up with an acceptable method of financing for the over - sizing costs for the sanitary sewer infrastructure needed to service both this development and future developments south of the Fox River. My recommendation would be to add the following language to page 8 of the sanitary sewer section of that agreement: after the word agrees in line 7 of the 3rd column I would add "to use its best efforts" I further would recommend that we add a sentence at the end of line 9 of that agreement reading as follows: "In the event the CITY is unable to provide an acceptable method of financing the balance of the sanitary sewer expansion cost for over- sizing the sanitary sewer mains necessary to provide sanitary sewer service to the area south of the Fox River, the City shall be relieved of its obligation to warrant sanitary sewer service for the entire subdivision under the terms of this agreement," J This language rrovides that we will use our best effort to arrange for financing between all parties, while at the same time providing relief from any warranty of service for the entire development in the event we not able to conclude an agreement with Yorkville Bristol Sanitary District or other methods of financing the necessary sanitary sewer expansion. Should you have 11/15/02 FRI 16:59 FAX 559 5764 KRAMER LAZY 0 009 I i any questions please feel free to contact me. i Very truly yours, Daniel J. Kramer Attorney at Law DMpdc I i Gam, �. e Vt S