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City Council Packet 2024 05-14-24 AGENDA CITY COUNCIL MEETING Tuesday, May 14, 2024 7:00 p.m. City Hall Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Arden Joe Plocher Chris Funkhouser Seaver Tarulis Dan Transier Craig Soling Matt Marek Rusty Corneils Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: 1. Kelaka, LLC – Annexation 2. Hagemann – Annexation 3. Blackberry Oaks – Annexation Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – April 23, 2024 2. Bill Payments for Approval $ 691,670.11 (vendors – FY 24) $ 172,644.62 (vendors – FY 25) $ 159,263.43 (wire payments) $ 375,552.13 (payroll period ending 04/26/24) $ 1,399,130.29 (total) Mayor’s Report: 1. CC 2024-34 Resolution Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, Kendall and Will Counties, Illinois, The United City of Yorkville, Kendall County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda May 14, 2024 Page 2 Mayor’s Report (cont’d): 2. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks) 3. CC 2024-36 Resolution Approving an Agreement for Land Acquisition Consulting Services with Mathewson Right of Way Company 4. CC 2024-37 Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois (We are Called to Care) 5. CC 2024-38 Resolution Authorizing Participation in Progressive Energy Group (PEG) and Authorizing the Finance Director to Approve a Contract With the Lowest Cost Electricity Provider by Rate Classification for a Period Up To 48 Months 6. CC 2024-39 2024 Bond – Municipal Advisor and Bond Council Engagement Letters 7. CC 2024-40 Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. 8. CC 2024-41 Ordinance authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. 9. CC 2024-42 Ordinance authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof. 10. CC 2024-43 Ordinance Authorizing the Acquisition of Certain Easements for the Construction of Water Mains Public Works Committee Report: Economic Development Committee Report: 1. EDC 2024-30 East Village of Westbury a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of Westbury Public Safety Committee Report: Administration Committee Report: City Council Agenda May 14, 2024 Page 3 Park Board: Planning and Zoning Commission: 1. PZC 2024-05 & EDC 2024-19 Corneils Solar Farm a. Ordinance Annexing Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of IL State Route 47 (Corneils Road Solar, LLC – Solar Farm) b. Ordinance Approving a Special Use for a Solar Farm with Freestanding Solar Energy Systems (Corneils Road Solar) c. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of IL State Route 47 (Corneils Road Solar, LLC –Solar Farm) 2. PZC 2024-09 & EDC 2024-32 Kendall County Petition 24-04 – 1.5 Mile Review (1520 Cannonball Trail) 3. PZC 2024-10 & EDC 2024-33 Kendall County Petition 24-05 – 1.5 Mile Review (7709 and 7731 Bentgrass Circle – Lots 223 and 224 of Whitetail Ridge) 4. PZC 2024-11 & EDC 2024-34 Kendall County Petition 24-06 – 1.5 Mile Review (7789 Route 47) 5. PZC 2024-13 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication (Land Cash) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 11. CC 2021-04 City Buildings Updates 12. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: City Council Agenda May 14, 2024 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: May 15, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils ECONOMIC DEVELOPMENT: June 4, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning & Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis PUBLIC SAFETY: July 11, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Funkhouser PUBLIC WORKS: May 21, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, May 14, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARING: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Kelaka, LLC – Annexation 2. Hagemann – Annexation 3. Blackberry Oaks – Annexation ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – April 23, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-34 Resolution Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, Kendall and Will Counties, Illinois, The United City of Yorkville, Kendall County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2024-36 Resolution Approving an Agreement for Land Acquisition Consulting Services with Mathewson Right of Way Company □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2024-37 Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois (We are Called to Care) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2024-38 Resolution Authorizing Participation in Progressive Energy Group (PEG) and Authorizing the Finance Director to Approve a Contract With the Lowest Cost Electricity Provider by Rate Classification for a Period Up To 48 Months □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2024-39 2024 Bond – Municipal Advisor and Bond Council Engagement Letters □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2024-40 Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2024-41Ordinance authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 9. CC 2024-42 Ordinance authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 10. CC 2024-43 Ordinance Authorizing the Acquisition of Certain Easements for the Construction of Water Mains □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2024-30 East Village of Westbury a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of Westbury □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-05 & EDC 2024-19 Corneils Solar Farm a. Ordinance Annexing Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of IL State Route 47 (Corneils Road Solar, LLC – Solar Farm) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Special Use for a Solar Farm with Freestanding Solar Energy Systems (Corneils Road Solar) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of IL State Route 47 (Corneils Road Solar, LLC – Solar Farm) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-09 & EDC 2024-32 Kendall County Petition 24-04 – 1.5 Mile Review (1520 Cannonball Trail) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PZC 2024-10 & EDC 2024-33 Kendall County Petition 24-05 – 1.5 Mile Review (7709 and 7731 Bentgrass Circle – Lots 223 and 224 of Whitetail Ridge) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PZC 2024-11 & EDC 2024-34 Kendall County Petition 24-06 – 1.5 Mile Review (7789 Route 47) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PZC 2024-13 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication (Land Cash) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 11. CC 2021-04 City Building Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 12. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Hearing #1 Tracking Number PUBLIC HEARING Kelaka, LLC (Annexation) City Council – May 14, 2024 Request for annexation and rezoning for future manufacturing land use. Krysti J. Barksdale-Noble, AICP Community Development Name Department SUMMARY: The petitioner/contract purchaser, Green Door Capital, and Kelaka, LLC, owner, are seeking to annex and rezone approximately 148-acres of unincorporated farmland. Generally located south of the Burlington Santa Fe railroad line, just southeast of Faxon Road, the subject property consists of a portion of an existing 191-acre parcel (#02-19-100-011). The petitioner is also requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District, contingent on approval of annexation by the City Council. The area to be annexed is outlined below. Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: April 6, 2024 Subject: Kelaka, LLC (Green Door Nexus South) PUBLIC HEARING Proposed Annexation Agreement Request Not Included ANNEXATION REQUEST/CONTIGUITY: As mentioned, the applicant seeks annexation of a portion of an unincorporated parcel (#02-19- 100-011) totaling approximately 148-acres for the purpose of constructing and operating a future industrial/data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately south of the Burlington Northern Santa Fe railroad abutting the Lincoln Prairie Parcel and the recently annexed New Leaf southern parcel to the east. Both the Lincoln Prairie and New Leaf developments are unimproved but are entitled for industrial and agricultural/solar farm, respectively. Annexation is contingent upon City Council approval of a requested rezoning to M-2 General Manufacturing District. A draft annexation agreement and the proposed Plat of Annexation has been provided for review and comment. THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates the future land use for this property as Estate/Conservation Residential. The Estate/Conservation Residential (ECR) designation is generally intended for future neighborhood developments that promotes flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area. The 2016 Comprehensive Plan utilized this land use designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support the development of the land within the 10-year timeline of the plan. While a data center and the requested M-2 General Manufacturing District is not consistent with the current future land use designation in the 2016 Comprehensive Plan Update, the parcels immediately north of the subject parcels are designated for “General Industrial” future land uses and planned for industrial development. General Industrial land uses accommodate a broad range of warehousing, manufacturing and energy/industrial land uses which are typically serviced by both rail and truck transportation located along identified industrial corridors such as Eldamain Road (see image on following page). If the annexation is approved by the City, an amendment will be required to the current comprehensive plan. STAFF COMMENTS: The petitioner is requesting a straightforward annexation into the City of Yorkville for the subject property, and they aren’t seeking relief or variance from the request M-2 General Manufacturing District. Staff is supportive of the request for annexation as it would advance the Comprehensive Plan’s future land use strategy of creating an Eldamain Road industrial corridor. ATTACHMENTS: 1. Draft Annexation Agreement 2. Draft Plat of Annexation 3. Annexation Agreement Application 4. Public Hearing Notice 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this _____ day of __________, 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as “City” and Kelaka, LLC and Green Door Capital, hereinafter jointly referred to as “Owner”. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 148.56 acres, more or less (the “Subject Property”); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and, WHEREAS, it is the desire of the Mayor and City Council (the “Corporate Authorities”) to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the “Municipal Code”); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning, all as required by the provisions of the City’s Zoning Code and the Municipal Code (the “Municipal Code”); and, 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby agrees, contemporaneously with annexation, the Subject Property shall be classified and shall be zoned as M-2 General Manufacturing District. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. 3 Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Kelaka, LLC 181 S. Lincolnway North Aurora, IL, 60542 To the Purchaser: Matt Gilbert Green Door Capital 837 W. Junior Ter Chicago, IL 60613 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 6. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. 4 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Kelaka, LLC By: __________________________________ Owner Exhibit A THAT PART OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 120.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 1824.30 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, WHICH IS 1930.58 FEET SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE, 204.49 FEET; THENCE NORTH 03 DEGREES 24 MINUTES 35 SECONDS EAST, 2079.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN - SANTA FE RAILWAY; THENCE NORTH 73 DEGREES 57 MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 2417.61 FEET; THENCE SOUTH 00 DEGREES 41 MINUTES 37 SECONDS WEST, 565.44 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH 74 DEGREES 54 MINUTES 09 SECONDS EAST ALONG THE CENTERLINE, 678.89 FEET TO A POINT THAT IS 350.00 FEET NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST OF THE CENTERLINE OF BEECHER ROAD; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 570.50 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 96.63 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 56 SECONDS EAST, 654.81 FEET; THENCE SOUTH 68 DEGREES 41 MINUTES 58 SECONDS WEST, 390.87 FEET; THENCE SOUTH 46 DEGREES 38 MINUTES 37 SECONDS WEST, 788.19 FEET; THENCE SOUTH 22 DEGREES 13 MINUTES 31 SECONDS WEST, 296.51 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 148.56 ACRES, MORE OR LESS (SUBJECT TO 1.56 ACRES WITHIN THE RIGHT-OF-WAY OF FAXON ROAD, AS MONUMENTED). Ordinance No. 2024-____ Page 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, ANNEXING CERTAIN TERRITORY GENERALLY LOCATED SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE AND SOUTHEAST OF FAXON ROAD (Kelaka, LLC) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by James D. Hamman of Kelaka LLC, owners, and submitted by contract purchaser, Green Door Capital, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS, there are no electors residing within said territory: and, WHEREAS, the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the legal description and property index number of the territory to be annexed are as follows: THAT PART OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: Ordinance No. 2024-____ Page 2 COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 120.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 1824.30 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, WHICH IS 1930.58 FEET SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE, 204.49 FEET; THENCE NORTH 03 DEGREES 24 MINUTES 35 SECONDS EAST, 2079.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN - SANTA FE RAILWAY; THENCE NORTH 73 DEGREES 57 MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 2417.61 FEET; THENCE SOUTH 00 DEGREES 41 MINUTES 37 SECONDS WEST, 565.44 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH 74 DEGREES 54 MINUTES 09 SECONDS EAST ALONG THE CENTERLINE, 678.89 FEET TO A POINT THAT IS 350.00 FEET NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST OF THE CENTERLINE OF BEECHER ROAD; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 570.50 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 96.63 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 56 SECONDS EAST, 654.81 FEET; THENCE SOUTH 68 DEGREES 41 MINUTES 58 SECONDS WEST, 390.87 FEET; THENCE SOUTH 46 DEGREES 38 MINUTES 37 SECONDS WEST, 788.19 FEET; THENCE SOUTH 22 DEGREES 13 MINUTES 31 SECONDS WEST, 296.51 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 148.56 ACRES, MORE OR LESS (SUBJECT TO 1.56 ACRES WITHIN THE RIGHT-OF-WAY OF FAXON ROAD, AS MONUMENTED). with Property Index Number 02-19-100-011 Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Ordinance No. 2024-____ Page 3 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR FAX O N R O A D BURLI N G T O N N O R T H E R N S A N T E F E R A I L R O A D SUGA R G R O V E, IL.MARK G SCHE L L ER035-003581 PROFESSIONAL LAND SURVEYOR STATE OF ILLINOIS PLAT OF ANNEXATION PAGE 1 OF 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Engineering Enterprises, Inc. TO THE UNITED CITY OF YORVILLE KENDALL COUNTY, ILLINOIS APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IS THE PROPERTY OCCUPIED OR VACANT: IF OCCUPIED, PLEASE LIST ALL NAMES OF ELECTORS (THOSE REGISTERED TO VOTE) RESIDING ON THE PROPERTY: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 1/31/2024 Green Door Nexus South Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com l Kelaka LLC Vacant with seasonal farming Dave, Jim & Joe Hamman South of Faxon Road, East of Eldamain Road, IL Approximately 148.56 acres of farmland lying South of Faxon Road, South of the BNSF railway and East of Eldamain Road in Yorkville, IL Unincorporated Bristol Township M-2 Unincorporated Bristol Township Unincorporated Bristol Township Unincorporated Bristol Township 02-19-200-011 02-19-200-006 DocuSign Envelope ID: EAE2418C-3F48-4661-926A-979D57B295DF APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PLEASE DESCRIBE IN DETAIL ANY ADDITIONAL REQUESTS TO BE MADE UPON ANNEXATION APPROVAL. ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Petitioner must provide a written petition signed by a majority of the owners of record of land in the territory and also by a majority of the electors, if any, residing in the territory. Attach as a separate petition titled as “Exhibit C”. Kevin Kearney Pedersen Houpt 161 N Clark St, Ste. 2700 Chicago, IL 60601 312-261-2291 kkearney@pedersenhoupt.com TBD David Lee ASM Consultants, Inc. 16 E Wilson Batavia, IL 60510 630-879-0200 advanced@advct.com DocuSign Envelope ID: EAE2418C-3F48-4661-926A-979D57B295DF DocuSign Envelope ID: EAE2418C-3F48-4661-926A-979D57B295DF 2/9/2024 APPLICANT DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PRINT NAME SIGNATURE* TITLE DATE PROJECT NUMBER:FUND ACCOUNT NUMBER: PROPERTY ADDRESS: PETITIONER DEPOSIT ACCOUNT FUND: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: FINANCIALLY RESPONSIBLE PARTY: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice- President, Chairman, Secretary or Treasurer) INITIAL ENGINEERING/LEGAL DEPOSIT TOTALS ENGINEERING DEPOSITS: Up to one (1) acre Over one (1) acre, but less than ten (10) acres Over ten (10) acres, but less than forty (40) acres Over forty (40) acres, but less than one hundred (100) In excess of one hundred (100.00) acres $5,000 $10,000 $15,000 $20,000 $25,000 LEGAL DEPOSITS: Less than two (2) acres Over two (2) acres, but less than ten (10) acres Over ten (10) acres $1,000 $2,500 $5,000 Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Matt Gilbert Manager DocuSign Envelope ID: EAE2418C-3F48-4661-926A-979D57B295DF 2/9/2024 CNVDADE&MA EINYVSURPIPANGGPutting the Pieces Together....Since 1984ENPROFESSISS APMnETA.KRWNVFRIEYO !!N .oINV RLDUOILAON H BATAVIAL035-002710A S TOaSLNAPreliminary CNVDADE&MA EINYVSURPIPANGGPutting the Pieces Together....Since 1984Preliminary Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7624168 Purchase Order: State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 4/26/2024, and the last publication of the notice was made in the newspaper dated and published on 4/26/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Apr 26, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 27th Day of April, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Hearing #2 Tracking Number PUBLIC HEARING Hagemann Trust (Annexation) City Council – May 14, 2024 Request for annexation and rezoning for future manufacturing land use. Krysti J. Barksdale-Noble, AICP Community Development Name Department SUMMARY: The petitioner/contract purchaser, Green Door Capital, and Hagemann Family Trust, owner, are seeking to annex and rezone approximately 138-acres of unincorporated farmland. Generally located immediately east of Eldamain Road, north of Corneils Road, and west of West Beecher Road, the property consists of three (3) parcels (#02-07-100-011, 02-07-100-002, and 02-07-300-005). The petitioner is also requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District, contingent on approval of annexation by the City Council. Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: April 5, 2024 Subject: PZC 2024-08 Hagemann Trust (Green Door Nexus North) Public Hearing Proposed Annexation Agreement Request PROPERTY BACKGROUND: The subject property is currently unincorporated and zoned A-1 Agriculture in Kendall County. Consisting of three (3) rectangular parcels, the largest parcel, being approx. 69 acres and located in the center, surrounds two unincorporated residential parcels abutting Eldamain Road. The parcel to the north is approximately 35 acres and the southern parcel is roughly 33 acres. All three (3) parcels have frontage along Eldamain Road. The subject property is mainly utilized as cropland is also part of the Rob Roy Drainage District. ANNEXATION REQUEST/CONTIGUITY: As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-07-100-011, 02-07-100-002, and 02-07-300-005, totaling approximately 138-acres for the purpose of constructing and operating a future industrial/data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately north of the Bright Farms development which is currently under construction with a planned use for an industrial lettuce farm. Annexation is contingent upon City Council approval of a requested rezoning to M-2 General manufacturing District. A draft annexation agreement and proposed Plat of Annexation has been provided for review and comment. ELDAMAIN ROAD RECAPTURE: In 2011, the City of Yorkville, City of Plano, and Kendall County entered into an intergovernmental agreement regarding the future reconstruction of Eldamain Road from Menards Distribution Center north to Galena Road (Ord. 2011-05). Kendall County agreed to bring Eldamain Road under its jurisdiction and made roadway improvements costing $6,300,000 for that portion of the roadway. The three (3) governmental entities agreed to equally share the improvements cost which are to be paid through recapture agreements from future annexed properties with frontage along Eldamain Road. Yorkville has approximately 11,290 lineal feet of frontage along Eldamain Road, and the estimated assessed fee per lineal foot for recapture is $336.59, for a total of $3.8 million. This total amount includes repayment of the city’s $1.7 million of cost-sharing obligations memorialized in the 2020 Yorkville/Plano boundary agreement and $2.1 million share of the total County’s reconstruction costs. Below is an estimated amount each proposed annexed parcel is obligated to pay per the intergovernmental agreements: PARCEL ESTIMATED FRONTAGE ESTIMATED RECAPTURE 02-07-100-011 ~ 1,413 linear feet $475,601.67 02-07-100-002 ~ 601 linear feet $202,290.59 02-07-300-005 ~ 937 linear feet $315,384.83 TOTAL ~ 2,951 linear feet $993,277.09 THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates the future land use for this property as General Industrial. The General Industrial (GI) designation is generally intended for a broad range of warehousing and manufacturing served by both rail and truck, particularly along the Eldamain Corridor. In 2019 this area of the Comprehensive Plan was redesignated from Estate/Conservation Residential (ERC) to General Industrial (GI) based upon the roadway improvements to Eldamain Road. A data center and the requested M-2 General Manufacturing District is consistent with the current future land use designation in the 2016 Comprehensive Plan Update. STAFF COMMENTS: The petitioner is requesting a straightforward annexation into the City of Yorkville for the subject property, and they aren’t seeking relief or variance from the request M-2 General Manufacturing District. Staff is supportive of the request for annexation and rezoning approval as it would advance the Comprehensive Plan’s future land use strategy of creating an Eldamain Road industrial corridor. ATTACHMENTS: 1. Draft Annexation Agreement 2. Ord. 2011-05 Yorkville/Plano/Kendall County IGA re: Eldamain Road Improvements 3. Ord. 2020-07 Yorkville/Plano Boundary Agreement 4. Annexation Agreement Application 5. Public Hearing Notice 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this _____ day of __________, 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as “City” and Hagemann Family Trust and Green Door Capital, hereinafter jointly referred to as “Owner”. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 138.441 acres, more or less (the “Subject Property”); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and, WHEREAS, it is the desire of the Mayor and City Council (the “Corporate Authorities”) to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the “Municipal Code”); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning, all as required by the provisions of the City’s Zoning Code and the Municipal Code (the “Municipal Code”); and, 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Conditions of Annexation. A. The City hereby agrees, contemporaneously with annexation, the City shall undertake procedures as required by the City’s Unified Development Ordinance to rezone the Subject Property as M-2 General Manufacturing District. B. The Owner agrees to satisfy any and all obligations pertaining to the Subject Agreement pursuant to the Intergovernmental Agreement with Kendall County and the City of Plano Governing the Reconstruction of Eldamain Road attached hereto as Exhibit B. C. The Owner agrees to convey to the City one (1) acre of the subject Property for the purpose of constructing water tower and permanent easement for the extension of a watermain and driveway access to the water tower. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 3 Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Patricia Fleck & Larry Hagemann Hagemann Family Trust 723 Tanager Lane Geneva, IL, 60134 To the Purchaser: Matt Gilbert Green Door Capital 837 W. Junior Ter Chicago, IL 60613 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 6. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this 4 Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Larry Hagemann By: __________________________________ Owner Patricia Fleck By: __________________________________ Owner 5 EXHIBIT A PARCEL 1: THAT PART OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH FALLS WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PART OF THE SOUTH 1/2 OF SECTION 6 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF A HIGHWAY NOW KNOWN AS W. BEECHER ROAD WHICH IS NORTH 15 DEGREES 11 MINUTES EAST 635 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6; THENCE SOUTH 15 DEGREES 11 MINUTES WEST ALONG SAID CENTER LINE 635 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE QUARTER SECTION LINE 8.80 CHAINS; THENCE SOUTH 88 DEGREES WEST ALONG A CLAIM LINE 43.78 CHAINS TO THE CENTER LINE OF A HIGHWAY NOW KNOWN AS ELDAMAIN ROAD; THENCE NORTH 17 DEGREES 30 MINUTES EAST ALONG SAID CENTER LINE 19 CHAINS TO A POINT SOUTH 88 DEGREES 25 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 25 MINUTES EAST 2652 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST 1/2 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION, 25.80 CHAINS NORTH OF THE SOUTHWEST CORNER OF SAID SECTION: THENCE EASTERLY ON A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION, 23.94 CHAINS; THENCE NORTHERLY ON A LINE PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SECTION, 45.57 CHAINS; THENCE WESTERLY ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 20.20 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE FOLLOWING: (1) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3,110.0 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 191.73 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 284.0 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 6 191.73 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (2) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3301.73 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 526.43 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 30 MINUTES, 00 SECONDS WITH THE LAST DESCRIBED COURSE MEASURED COUNTER-CLOCKWISE THEREFROM, 284.10 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 519.0 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (3) THAT PART DEDICATED FOR PUBLIC ROAD BY PLAT OF DEDICATION RECORDED JULY 27, 2004 AS DOCUMENT NO. 200400020601, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED, AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID NORTHWEST QUARTER WITH THE CENTER LINE OF ELDAMAIN ROAD EXTENDED FROM THE NORTHEAST, WHICH POINT IS DESCRIBED AS BEING 1327.29 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 190.57 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 40.0 FEET; THENCE SOUTHERLY ALONG A CURVE: TO THE LEFT HAVING A RADIUS OF 1160.0 FEET WITH IS RADIAL TO THE LAST DESCRIBED COURSE, 365.38 FEET TO A POINT 40.0 FEET EASTERLY OF SAID WEST LINE; THENCE WEST AT RIGHT ANGLES TO SAID WEST LINE 40.0 FEET TO SAID WEST LINE; THENCE NORTH ALONG SAID WEST LINE 190.57 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 4) THAT PART CONVEYED TO KENDALL COUNTY, ILLINOIS BY WARRANTY DEED RECORDED APRIL 23, 2012 AS DOCUMENT NO. 201200007234, DESCRIBED AS FOLLOWS: TRACT A PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 AD J): BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 87 DEGREES 20 MINUTES 05 SECONDS EAST 30.30 FEET ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 01 DEGREES 41 MINUTES 00 SECONDS EAST 934.77 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 51 SECONDS WEST 40.90 FEET TO THE 7 WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREES 02 MINUTES 01 SECONDS WEST 914.44 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 6, EAST OF SAID THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES 02 MINUTES 30 SECONDS WEST 20.44 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING, CONTAINING 0.764 ACRES, MORE OR LESS, OF WHICH 0.537 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. TRACT B PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 ADJ): COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION ; THENCE NORTH 87 DEGREES 15 MINUTES 05 SECONDS EAST 437.14 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 17 DEGREES 00 MINUTES 27 SECONDS WEST 1078.79 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 72 DEGREES 59 MINUTES 33 SECONDS EAST 21.70 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE SOUTH 09 DEGREES 36 MINUTES 34 SECONDS WEST 142.10 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE NORTH 72 DEGREES 59 MINUTES 33 SECONDS WEST 40.00 FEET ALONG THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7 AND THE EXTENSION THEREOF; THENCE NORTH 17 DEGREES 00 MINUTES 27 SECONDS EAST 140.91 FEET TO THE POINT OF BEGINNING, CONTAINING 0.100 ACRES, MORE OR LESS, OF WHICH 0.069 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. with Property Index Numbers 02-07-100-011, 02-07-100-002, and 02-07-300-005. 8 EXHIBIT B Ordinance No. 2024-____ Page 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, ANNEXING CERTAIN TERRITORY GENERALLY LOCATED IMMEDIATELY EAST OF ELDAMAIN, NORTH OF CORNEILS ROAD, AND WEST OF WEST BEECHER ROAD (Hagemann Trust) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by Patricia Fleck of Hagemann Family Trust, owners, and submitted by contract purchaser, Green Door Capital, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS, there are no electors residing within said territory: and, WHEREAS, the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the legal description and property index number(s) of the territory to be annexed are as follows: PARCEL 1: THAT PART OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH FALLS WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: Ordinance No. 2024-____ Page 2 THAT PART OF THE SOUTH 1/2 OF SECTION 6 AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF A HIGHWAY NOW KNOWN AS W. BEECHER ROAD WHICH IS NORTH 15 DEGREES 11 MINUTES EAST 635 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6; THENCE SOUTH 15 DEGREES 11 MINUTES WEST ALONG SAID CENTER LINE 635 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE QUARTER SECTION LINE 8.80 CHAINS; THENCE SOUTH 88 DEGREES WEST ALONG A CLAIM LINE 43.78 CHAINS TO THE CENTER LINE OF A HIGHWAY NOW KNOWN AS ELDAMAIN ROAD; THENCE NORTH 17 DEGREES 30 MINUTES EAST ALONG SAID CENTER LINE 19 CHAINS TO A POINT SOUTH 88 DEGREES 25 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 25 MINUTES EAST 2652 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST 1/2 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION, 25.80 CHAINS NORTH OF THE SOUTHWEST CORNER OF SAID SECTION: THENCE EASTERLY ON A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION, 23.94 CHAINS; THENCE NORTHERLY ON A LINE PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SECTION, 45.57 CHAINS; THENCE WESTERLY ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 20.20 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE FOLLOWING: (1) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3,110.0 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 191.73 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 284.0 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 191.73 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (2) THAT PART OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION, 3301.73 FEET FOR A POINT Ordinance No. 2024-____ Page 3 OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE, 284.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE, 526.43 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 30 MINUTES, 00 SECONDS WITH THE LAST DESCRIBED COURSE MEASURED COUNTER-CLOCKWISE THEREFROM, 284.10 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 519.0 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (3) THAT PART DEDICATED FOR PUBLIC ROAD BY PLAT OF DEDICATION RECORDED JULY 27, 2004 AS DOCUMENT NO. 200400020601, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED, AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID NORTHWEST QUARTER WITH THE CENTER LINE OF ELDAMAIN ROAD EXTENDED FROM THE NORTHEAST, WHICH POINT IS DESCRIBED AS BEING 1327.29 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 190.57 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 40.0 FEET; THENCE SOUTHERLY ALONG A CURVE: TO THE LEFT HAVING A RADIUS OF 1160.0 FEET WITH IS RADIAL TO THE LAST DESCRIBED COURSE, 365.38 FEET TO A POINT 40.0 FEET EASTERLY OF SAID WEST LINE; THENCE WEST AT RIGHT ANGLES TO SAID WEST LINE 40.0 FEET TO SAID WEST LINE; THENCE NORTH ALONG SAID WEST LINE 190.57 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 4) THAT PART CONVEYED TO KENDALL COUNTY, ILLINOIS BY WARRANTY DEED RECORDED APRIL 23, 2012 AS DOCUMENT NO. 201200007234, DESCRIBED AS FOLLOWS: TRACT A PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 AD J): BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 87 DEGREES 20 MINUTES 05 SECONDS EAST 30.30 FEET ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 01 DEGREES 41 MINUTES 00 SECONDS EAST 934.77 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 51 SECONDS WEST 40.90 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 01 DEGREES 02 MINUTES 01 SECONDS WEST 914.44 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TO THE TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 6, EAST OF SAID THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES 02 MINUTES 30 SECONDS WEST 20.44 FEET ALONG THE WEST LINE OF THE Ordinance No. 2024-____ Page 4 SOUTHWEST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING, CONTAINING 0.764 ACRES, MORE OR LESS, OF WHICH 0.537 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. TRACT B PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, USING BEARINGS AND GRID DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83(97 ADJ): COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION ; THENCE NORTH 87 DEGREES 15 MINUTES 05 SECONDS EAST 437.14 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7: THENCE SOUTH 17 DEGREES 00 MINUTES 27 SECONDS WEST 1078.79 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 72 DEGREES 59 MINUTES 33 SECONDS EAST 21.70 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE SOUTH 09 DEGREES 36 MINUTES 34 SECONDS WEST 142.10 FEET TO THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7; THENCE NORTH 72 DEGREES 59 MINUTES 33 SECONDS WEST 40.00 FEET ALONG THE SOUTHEASTERLY EXISTING RIGHT OF WAY LINE OF COUNTY HIGHWAY 7 AND THE EXTENSION THEREOF; THENCE NORTH 17 DEGREES 00 MINUTES 27 SECONDS EAST 140.91 FEET TO THE POINT OF BEGINNING, CONTAINING 0.100 ACRES, MORE OR LESS, OF WHICH 0.069 ACRE, MORE OR LESS, IS WITHIN THE EXISTING RIGHT OF WAY FOR COUNTY HIGHWAY 7. with Property Index Numbers 02-07-100-011, 02-07-100-002, and 02-07-300-005. Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Ordinance No. 2024-____ Page 5 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR ELDAMAIN ROADBEECHER ROAD66 7 7 SUGA R G R O V E , IL.MARK G SCHE L L ER035-003581 PROFESSIONAL LAND SURVEYOR STATE OF ILLINOIS PLAT OF ANNEXATION PAGE 1 OF 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Engineering Enterprises, Inc. TO THE UNITED CITY OF YORVILLE KENDALL COUNTY, ILLINOIS N.T.S. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-07 AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE CITY OF PLANO Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 1 I'day of February, 2020 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on February 27, 2020. Ordinance No.2020-07 AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE CITY OF PLANO WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the constitution of the State of Illinois of 1970 and the laws of the State of Illinois; and, WHEREAS, there is unincorporated territory lying between the City and the City of Plano ("Plano') that was the subject of a previous Jurisdictional Boundary Line Agreement ("Boundary Agreement") entered into between the City and Plano and it is the desire of each to update and extend the terms of that Boundary Agreement for an additional twenty years; and, WHEREAS,the Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12- 9) provides for the entering into jurisdictional boundary line agreements after notice and hearing; and, WHEREAS, The City and Plano have negotiated a new Boundary Agreement to establish a jurisdictional boundary line in order to enable each municipality to plan the orderly growth and development of their communities by the exercise of their planning, annexation, zoning and subdivision authority on its side of the boundary line. NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, State of Illinois, as follows: Section 1: That the JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN CITY OF PLANO AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, between the United City of Yorkville and the City of Plano, a copy of which is attached hereto and made a part hereof as Exhibit A, be and the same is hereby approved and the Mayor and City Clerk be and are hereby authorized and directed to execute the Agreement on behalf of the United City of Yorkville. Section 2: This Ordinance shall be in full force and effect upon its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 11 th day of February, 2020. JKa- &*i c CITY CLERK Ordinance No.2020-07 Page 2 KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a7tA day of 2f.R LlAre 2020. MAYOR Ordinance No.2020-07 Page 3 STATE OFILLINOIS 2020000033ao ss COUNTY OF KENDALL ) D E D Le I E G3 3E 1 1 IE T T E RECORDER -- KENDALL COUNTY, IL RECORDED: 3/4/2020 10:41 AM AGR: 57.00 RHSGS FEE: 10.00 RAGES: 10 i THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY i JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF PLANO AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS I I Prepared by and Return to: j I United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 STATE OF ILLINOIS ss. COUNTY OF KENDALL ) Above Space for Recorder's Use Only JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF PLANO AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS This Jurisdictional Boundary Line Agreement by and between the City of Plano, Kendall County, Illinois a non-home rule municipal corporation("Plano")by virtue of the laws of the State of Illinois,and the United City of Yorkville,Kendall County,Illinois a non- home rule municipal corporation ("Yorkville") by virtue of the laws of the State of Illinois dated this dT day of re_6p ume.Y ,20tq. aoao WITNESSETH: WHEREAS, Plano and Yorkville recognize that the unincorporated lands lying between their current municipal boundaries provide unusual growth opportunities for their respective communities; and, WHEREAS, Plano and Yorkville are aware of the fact that the opportunities for development in said unincorporated area will be accompanied by increased demands for transportation services, governmental police power services, utilities services, and other I iimunicipalservicesandtheresultingfinancialcommitmentstomeetsuchadditionalservices; and, WHEREAS,in order to plan for the demands which occur with development,Plano and Yorkville entered into a Jurisdictional Boundary Line Agreement in 1999 which established an agreed"Jurisdictional Boundary Line"between the cities and included such other measures as deemed to be in the best interests of their respective communities; and, WHEREAS,the Corporate Authorities of Plano and Yorkville desire to extend its Jurisdictional Boundary Line Agreement as hereinafter set forth, in order to provide for the orderly development of the unincorporated areas lying between their municipalities and continue the spirit of cooperation between both communities which has existed since 1999; and, WHEREAS, Plano and Yorkville further recognize that planning for the development of the unincorporated land lying between their municipal boundaries must include provisions for open space preservation, flood control, population density, joint i operation of public facilities,ecological and economic impact,and multi-purpose uses;and, WHEREAS, Plano and Yorkville and their respective citizens may be affected by potential development and the issues development presents and therefore believe it to be in their best interest that municipal boundaries and areas of municipal authority between their respective municipalities be established in order to plan effectively and efficiently for development between their communities and the conservation of the available resources for their respective residents without influences from developers or political factions; and, WHEREAS, Plano and Yorkville have authorized, by ordinance, the execution of this Agreement as an exercise of their intergovernmental cooperation authority under the Constitution of the State of Illinois,and pursuant to the terms and provisions of Section 5/11- 12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-9). NOW, THEREFORE, upon the consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between Plano and Yorkville as follows: 1. That Plano shall have jurisdiction west of a certain boundary line and Yorkville shall have jurisdiction east of a certain boundary line as depicted on the map attached hereto as Exhibit A(the"Jurisdictional Boundary Line")and legally described on Exhibit B,which is attached hereto,both of which are incorporated herein. In the event of a variance in the legal description and the boundary map, the legal description shall take precedence. During the term of this Agreement,each municipality agrees to the immediate disconnection and shall not object to the disconnection of such territory which may lay beyond the Jurisdictional Boundary Line as described on Exhibits A and B, whether said disconnection be by petition of the land owner, court action or otherwise. 2. Plano and Yorkville agree not to annex, zone or perform any other act as authorized by law involving territory lying within the jurisdiction of the other municipality. 3. In the event that Plano or Yorkville is better able to provide municipal water or sewer service to a particular parcel of land lying outside its City limits,and annexed or to be annexed to the other City(as to Plano,a parcel lying West of the Jurisdictional Boundary Line, and as to Yorkville, a parcel lying East of the Jurisdictional Boundary Line), the municipality better able to provide service,shall not refuse service simply because the parcel is not within its City limits and shall not require annexation,but shall,subject to availability and capacity, allow connection to and service from its utility system, subject at all times to the ordinances,fees and charges(uniformly applied)applicable to the providing of service to lands outside of the municipality. 4. The Jurisdictional Boundary Line between Plano and Yorkville,for municipal government planning, subdivision control and municipal purposes shall be as described in Exhibits A and B and all future annexations by the corporate authorities of both Cities shall be adopted in conformance with the provisions of this Agreement. 5. Except by agreement as to utility service as provided in Paragraph 3 of this Agreement and except upon the subsequent joint written agreement,duly authorized by the Corporate Authorities of both Cities,Plano and Yorkville hereby agree that they shall not act to annex or exercise any zoning authority or subdivision control authority beyond the I Jurisdictional Boundary Line as established in this Agreement; provided, however, it is understood that this Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezoning or proposed land use within one and one-half(1 ''/2)miles of its corporate limits. Each City further agrees that it will actively oppose any attempt to effectuate an involuntary annexation to its respective municipality which annexation would have the effect of changing the Jurisdictional i Boundary Line established under this Agreement. i 6. Plano and Yorkville had originally agreed that Yorkville was (and remains) responsible to use its own funds or funds from a third-party such as developers through recapture agreements to equalize the $3,400,000 expended by Plano for improvements to Eldamain Road. Pursuant to an intergovernmental agreement executed in 2011 among Plano,Yorkville and Kendall County(the"IGA"),Kendall County agreed to bring Eldamain Road under its jurisdiction and made roadway improvements costing $6,300,000 for that portion of the roadway from the Menards Distribution Center to Galena Road. The parties agreed to equally share the cost of$6,300,000 which cost was to be paid through recapture agreements from future municipal developments. It was determined in the IGA that Plano was required to assess $34.85 per lineal foot for a total of 11,290 lineal feet in order to pay 400,000 being its share of$2,100,000 for the improvements made by Kendall County, reduced by$1,700,000 for the amounts already expended by it for improvements to Eldamain Road and Yorkville was to assess $336.59 per lineal foot for a total of 11,468 lineal feet in order to recapture a total of$1,700,000 as expended by Plano and$2,100,000 of its share of the cost to further improvement Eldamain Road for a total of approximately $3,800,000 . The parties hereto confirm that as of the date hereof,the respective obligations of the cities hereinabove set forth remain outstanding. 7. It is agreed that neither Plano nor Yorkville shall either directly or indirectly seek any modification of this Agreement through court action and that this Agreement shall remain in full force and effect until amended or changed by the mutual agreement of both respective corporate authorities. 8. If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are to be i severable. 9. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the cities and recorded with the Kendall County Recorder. 10. This Agreement shall be in full force and effect from and after its adoption and execution by Plano and Yorkville and shall continue in full force and effect for a period of twenty(20)years. The term of this Agreement may be extended,renewed or revised at the end of the initial term or extended terms hereof by further agreement of the municipalities. 11. The parties deem each clause, paragraph and undertaking herein to be severable and the application of this Agreement to any individual landowners to likewise be severable. Therefore,the parties agree that in the event any clause,paragraph or undertaking I is deemed invalid or unconstitutional,or in the event the application of this Agreement to any landowner is deemed invalid or unconstitutional or otherwise unenforceable,such invalidity, unconstitutionality or unenforceability shall not affect the other undertakings made herein by the parties, and the rest of the Agreement and its application to landowners shall remain in full force and effect. IN WITNESS WHEREOF the City of Plano and the United City of Yorkville have caused this Jurisdictional Boundary Line Agreement to be executed by their respective j i Mayor and attested by their respective City Clerk,pursuant to Ordinances adopted by each I municipality authorizing the execution of this Jurisdictional. i City of Plano By: ayor Attest• j ity Clerk United City of Y rkv*Ile By: Mayor Attest: City Clerk Exhibit A Boundary Line Map x 5r Yr S a t 0 s V i s e PLANO a a IS MI LBROOKe F4 6 5 S a t t F PJ x I I a t PROPOSED YORKVILLE/PLANO BOUNDARY AGREEMENT UNITED CITY OF YORKVILLE, ILLINOIS or 60 cr s ADDRESS:800 Game Farm Road,Yorkville Illinois DATE:November 19,2019 DATA: All permit data and geographic data are property of the United City of Yorkville j b LOCATION: (I:)//Community Development/Boundary Agreements/Plano Boundary Map Exhibit B LEGAL DESCRIPTION COMMENCING ATTHE INTERSECTION OF THE CENTER LINE OF BASELINE ROAD AND ASHE ROAD IN BRISTOL TOWNSHIP;THENCE SOUTHERLY ALONG THE CENTER LINE OF ASHE ROAD TO THE CENTER LINE OF GALENA ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF ELDAMAIN ROAD TO THE CENTER LINE OF RIVER ROAD;THENCE CONTINUING SOUTH ALONG THE CENTER LINE OF ELDAMAIN ROAD RIGHT OF WAY TO THE SOUTH BANK OF THE FOX RIVER;THENCE WESTERLY ALONG THE SOUTH BANK OF THE FOX RIVER TO THE NORTHWEST CORNER OF A TRACT OF LAND WITH A P.I.N. OF 01-36-400-011; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID TRACT OF LAND TO THE SOUTHERLY MOST POINT OF SAID TRACT OF LAND;THENCE SOUTHWESTERLY TO THE NORTHERLY MOST CORNER OF A TRACT OF LAND CONVEYED TO THE COUNTY OF KENDALL BY DOCUMENT 201500004183;THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE SAID TRACT OF LAND CONVEYED TO THE COUNTY OF KENDALL TO THE CENTER LINE OF FOX ROAD EXTENDED NORTH;THENCE SOUTH ALONG SAID CENTER LINE EXTEND AND SAID CENTERLINE TO THE CENTER LINE OF HIGHPOINT ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF HIGHPOINT ROAD TO THE CENTER LINE OF ROUTE 71;THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF ROUTE 71 TO THE CENTER LINE OF HOLLENBACK ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF HOLLENBACK ROAD TO THE CENTER LINE OF WALKER ROAD;THENCE EASTERLY ALONG THE CENTER LINE OF WALKER ROAD TO THE CENTER LINE OF WEST HELMAR ROAD;THENCE SOUTHERLY ALONG THE CENTER LINE OF WEST HELMAR ROAD TO THE SOUTHWEST CORNER OF SECTION 36,TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN. APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us DATE:PZC NUMBER:DEVELOPMENT NAME: PETITIONER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: BUSINESS HOME EMAIL:FAX: PROPERTY INFORMATION NAME OF HOLDER OF LEGAL TITLE: IS THE PROPERTY OCCUPIED OR VACANT: IF OCCUPIED, PLEASE LIST ALL NAMES OF ELECTORS (THOSE REGISTERED TO VOTE) RESIDING ON THE PROPERTY: IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: PROPERTY STREET ADDRESS: DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION: CURRENT ZONING CLASSIFICATION: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) 1/31/2024 Green Door Nexus North Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com l Hagemann Family Trust Vacant with seasonal farming Patricia Fleck and Larry Hagemann 1414 Eldamain Road, Plano, IL 60545 Approximately 138.441 acres of farmland lying East of Eldamain Road and north of Corneils road in Yorkville, IL Unincorporated Bristol Township Unincorporated Bristol Township Unincorporated Bristol Township M-2 Unincorporated Bristol Township 02-07-100-011 02-07-100-002 02-07-100-005 DocuSign Envelope ID: 3141A5FC-46D6-4846-B71E-8BA6BD38ACD8 APPLICATION FOR ANNEXATION United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PLEASE DESCRIBE IN DETAIL ANY ADDITIONAL REQUESTS TO BE MADE UPON ANNEXATION APPROVAL. ATTORNEY INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ENGINEER INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: LAND PLANNER/SURVEYOR INFORMATION NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Petitioner must list the names and addresses of any adjoining or contiguous landowners within five hundred (500) feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Petitioner must provide a written petition signed by a majority of the owners of record of land in the territory and also by a majority of the electors, if any, residing in the territory. Attach as a separate petition titled as “Exhibit C”. Kevin Kearney Pedersen Houpt 161 N Clark St, Ste. 2700 Chicago, IL 60601 312-261-2291 kkearney@pedersenhoupt.com TBD Bearnard Bauer HR Green 2363 Sequoia Dr, Ste. 101 Aurora, IL 60560 630-708-5033 bbauer@hrgreen.com DocuSign Envelope ID: 3141A5FC-46D6-4846-B71E-8BA6BD38ACD8 DocuSign Envelope ID: 3141A5FC-46D6-4846-B71E-8BA6BD38ACD8 2/8/2024 APPLICANT DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PRINT NAME SIGNATURE* TITLE DATE PROJECT NUMBER:FUND ACCOUNT NUMBER: PROPERTY ADDRESS: PETITIONER DEPOSIT ACCOUNT FUND: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY NAME:COMPANY: MAILING ADDRESS: CITY, STATE, ZIP:TELEPHONE: EMAIL:FAX: FINANCIALLY RESPONSIBLE PARTY: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice- President, Chairman, Secretary or Treasurer) INITIAL ENGINEERING/LEGAL DEPOSIT TOTALS ENGINEERING DEPOSITS: Up to one (1) acre Over one (1) acre, but less than ten (10) acres Over ten (10) acres, but less than forty (40) acres Over forty (40) acres, but less than one hundred (100) In excess of one hundred (100.00) acres $5,000 $10,000 $15,000 $20,000 $25,000 LEGAL DEPOSITS: Less than two (2) acres Over two (2) acres, but less than ten (10) acres Over ten (10) acres $1,000 $2,500 $5,000 Matt Gilbert Green Door Capital 837 W Junior Ter Chicago, IL 60613 312-622-8300 matt@greendoorcapital.com Matt Gilbert Manager DocuSign Envelope ID: 3141A5FC-46D6-4846-B71E-8BA6BD38ACD8 2/8/2024 PARC E L 1 PIN: 0 2 - 0 7 - 1 0 0 - 0 0 2 PT. PA R C E L 2 PIN: 0 2 - 0 7 - 1 0 0 - 0 1 1 PT. PA R C E L 2 PIN: 0 2 - 0 7 - 3 0 0 - 0 0 5 EXC E P TI O N ( 1) PIN: 0 2- 0 7- 1 0 0- 0 0 6 DOC. 2 0 2 1 0 0 0 2 7 9 1 7 OWN E R: LI S A A N N P R A T H E R EXC E P TI O N ( 2) PIN: 0 2- 0 7- 1 0 0- 0 0 9 DOC. 2 0 2 1 0 0 0 2 8 8 4 2 OWN E R: NI C H O L A S A. D O D D & NICO L E E. J A L O V E PIN: 0 2 - 0 7 - 1 0 0 - 0 0 7 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 6 ) OWNE R: T I M O T H Y R O S E N WI N K L E L L I VI N G T R U S T PIN: 0 2 - 0 6 - 3 0 0 - 0 1 1 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 4 ) OWNE R: TI M O T H Y R O S E N WI N K L E L I V I N G T R U S T PIN: 0 2 - 0 6 - 3 0 0 - 0 1 2 DOC. 2 0 2 2 0 0 0 1 5 1 0 5 OWNE R: A R T U R O & R E Y N A L D A S A N C H E Z NOT I N C L U D E D WEST BEECHER ROAD· · · · · · · · EXCEPTION (3)-TRACT A EXCEPTION (4)-TRACT B SHEETIllinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com 1 OF 1 PIN: 0 2 - 0 7 - 1 0 0 - 0 0 8 PIN: 0 2 - 0 6 - 3 0 0 - 0 0 9 DOC. 2 0 1 4 0 0 0 0 8 1 6 8 OWNE R: J O S H U A A. S C H L EI NI N G & T A M MI M . L T H A M - S C H L EI NI N G PIN: 0 2 - 0 7 - 3 0 0 - 0 0 2 DOC. 2 0 1 9 0 0 0 0 4 3 7 9 ( P A R C E L # 6 ) OWNE R : TI M O T H Y R O S E N WI N K L E L LI VI N G T R U S T EXCEPTION (3) DEDICATION PER DOC. 200400020601 PIN: 0 2 - 0 7 - 3 0 0 - 0 0 4 DOC. 2 0 2 2 0 0 0 0 8 8 4 5 OWNE R : I L L I N O I S G R E E N H O U S E L L CELDAMAIN ROADELDAMAIN ROADBRISTOL TOWNSHIPLITTLE ROCK TOWNSHIP Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7624151 Purchase Order: State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 4/26/2024, and the last publication of the notice was made in the newspaper dated and published on 4/26/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Apr 26, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 27th Day of April, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Action Taken: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Hearing #3 Tracking Number PUBLIC HEARING Blackberry Oaks Golf Clubhouse – Annexation City Council – May 14, 2024 Council Action Previously Taken: Date of Action: Item Number: Type of Vote Required: Annexation of the existing clubhouse of the Blackberry Oaks golf course. Krysti Barksdale – Noble, AICP Community Development Name Department SUMMARY: The petitioner, Chicago Title Land Trust Company as Successor to American National Bank and Trust (Trust No. 110740-09), property owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to annex approximately 4.89 acres of unincorporated commercial land currently used as a clubhouse for the Blackberry Oaks Golf Club and to enter into an annexation agreement with the city. The property is located immediately west of Kennedy Road and south of the Burlington Northern Santa Fe (BNSF) railroad in unincorporated Bristol Township in Kendall County, as depicted in the map below. The aim of this annexation agreement is to enable the construction of Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: May 8, 2024 Subject: Blackberry Oaks – Golf Clubhouse Annexation Proposed Annexation Agreement Request specific enhancements along Kennedy Road, which involves expanding the roadway, as outlined in the terms of the agreement. PROPERTY BACKGROUND/ZONING: The nearly 5-acre parcel has a common address of 2245 Kennedy Road located in unincorporated Kendall County. The property is occupied by a ~7,000 square foot single-story frame clubhouse built in 1994 as part of the larger 18-hole Blackberry Oaks Golf Course. The clubhouse structure also houses a restaurant, The Oaks Grille, and retail pro shop. The current Kendall County zoning for the property, approved in 1990, is A-1 Agricultural Special Use-Planned Urban Development. Upon annexation into Yorkville, the parcel will be rezoned R-1 Single-Family Suburban Residence District, per Section 10-3-4 of the Unified Development Ordinance. Golf Courses, including accessory support facilities such as retail sales and restaurants, are permitted land uses within the R-1 District. Therefore, once annexed, no additional rezoning of the parcel is required. PROPOSED KENNEDY ROAD IMPROVEMENTS: The city proposes to improve the intersection of Kennedy and Freedom Place by installing turn lanes, as depicted in the plan below. This includes widening Kennedy Road, a portion of which is Image Courtesy of Kendall Co. GIS immediately adjacent to the Blackberry Oaks Golf Club and to the property to the north, also owned by the petitioner. In order to construct the public improvements, the owner will grant the city a temporary construction easement (approx. 0.11 acres) and dedicate a portion totaling 0.84 acres of the subject property, as well as approximately 4.68 feet of the property immediately to the north (refer to exhibit to the right). The construction will also require the removal of an established tree line. In exchange for the easement and dedication, the city will annex the parcel and provide municipal water service to the golf club facility in addition to planting new trees on the property. PROPOSED ANNEXATION AGREEMENT TERMS: A draft of the proposed annexation has been attached for your review. In summary, the terms include the following: • Zoning o Upon annexation the property will be zoned as R-1 Single Family Suburban Residence District. o The property shall be permitted to retain the structure as it currently exists with no requirements to make any exterior or interior changes or repairs. o Golf course reserves the right to be allowed to use irrigation wells and ponds to water the golf course greens. • Landscaping o City will remove thirteen (13) large oak trees currently on the subject property along Kennedy Road. o City will install replacement trees according to the current tree replacement standards found in Section 10-5-3 Landscape of the Unified Development Ordinance (UDO). o City agrees to replace any dead trees during a period of eight (8) years following initial installation. • Tax Rebate o All property taxes levied upon the property by the City will be rebated to the owner for a period of ten (10) years. • Municipal Water o City will extend a municipal water line to the property. The installation and connection to the water system shall be provided free of charge. However, standard water usage rates upon installation shall apply. The City further agrees that no sewer service fees shall be charged until such time the owner connects to the sewer line. • Term o The terms of the annexation agreement are binding for a term of twenty (20) years. COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as “Parks and Open Space”. The Parks and Open Space (OS) designation encompasses all parks, green space, recreational lands and includes county and state parks. The intent of this district is to preserve such areas, enhance their functions as active centers for recreational activity and to achieve a well-connected system of “green” infrastructure within Yorkville. The existing golf course and clubhouse use is consistent with the current Comprehensive Plan’s future land use designation of Parks and Open Space. STAFF COMMENTS: Staff is supportive of the requested annexation and draft annexation agreement. This matter was discussed at the May 7th Economic Development Committee and a request was made to revise the language related to tree replacement to reference specific caliper of trees rather than generic terms of “small, medium, and large”. The attached draft annexation agreement reflects the update. A final vote on the request is anticipated at the May 28, 2024 meeting. The proposed expediated schedule is requested in order to meet timelines/deadlines for the upcoming construction season. ATTACHMENTS: 1. Draft Annexation Agreement with exhibits 2. Economic Development Committee memo dated April 22, 2024 3. Annexation Petition 4. Public Hearing Notice Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY AT 2245 KENNEDY ROAD (Blackberry Oaks Golf Course) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09 (the "Owner"), desires to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner which is approximately 4.89 acres legally described and identified in the Agreement, attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the Agreement on May 14, 2024, and all notices required by law have been given by the City and Owner; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Ordinance No. 2024-____ Page 2 Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this ____ day of ___________ 20___, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09, hereinafter referred to as "Owner''. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property which is legally described in Exhibit A attached hereto, consisting of approximately 4.89 acres, and identified by Parcel Number 02-14-100-013and legally described on Plat of Annexation attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the City has determined it is necessary to widen Kennedy Road, a portion of which is immediately adjacent to the Subject Property as well as adjacent to the property north of the Subject Property identified by Parcel Number 02-14-100-012, also owned by the Owner (the “Public Improvement”); and WHEREAS, in order to construct the Public Improvement, the City requires the Owner grant a temporary construction Easement as legally described and depicted in Exhibit B attached hereto and to dedicate a portion of the Subject Property and approximately 4.68 feet of the property immediately to the north all legally described on the Plat of Dedication attached hereto as Exhibit C and as depicted on Exhibit D attached hereto; and WHEREAS, the Owner has agreed to annex the Subject Property and dedicate that portion of the Subject Property and the property to the north of the Subject Property as described in the Plat of Dedication for and in consideration of the terms and conditions of this Agreement; and WHEREAS, it is the desire of the Owner that when annexed, the City shall provide municipal water access to the Subject Property, that certain tax benefits shall be granted to the Subject Property, that the City shall plant a given number of trees on the Subject Property as compensation for any trees lost as a result of the construction of the Public Improvement with a commitment to replace any new trees that die within a given period; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to obtain the Easement and the Plat of Dedication from the Owner in order to construct the Public Exhibit A Improvement pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to this Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code, 65 ILCS 11-15.1-1 et. seq. (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement, and, pursuant to legal notice as required by law, held such public hearing thereon; and WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be R-1 which permits the current use of the Subject Property as a clubhouse; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11- 15.1-1 et seq. of the Municipal Code, relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 7-l-l et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby confirms that the Subject Property shall be classified and shall be zoned as R-1 which permits its current use. B. The City and the Owner agree that the Subject Property shall be permitted to retain in place, the structure now existing on the Subject Property with no mandated interior or exterior changes or repairs. Section 3. Landscaping. A. The City and the Owner of the Subject Property agree that to complete the Public Improvement, the City shall be required to remove approximately thirteen (13) large oak trees that currently stand along Kennedy Road on the Subject Property. B. The City and the Owner of the Subject Property agree that the City shall be required to replace the lost trees in accordance with the City’s Tree Replacement Standards, as outlined at Section 10-5-3(H)(3)(a) of the United City of Yorkville Unified Development Ordinance. The species of the trees to be purchased by the City shall be agreed upon by the City and the Owner of the Subject Property. The City shall be responsible for installation of the trees that are purchased pursuant to this Section 3(B) and the Owner agrees to use its best efforts for the care of the trees as installed by the City. C. The City and the Owner of the Subject Property agree that the City, at the City’s expense, shall replace any trees planted by the City due to the loss of trees from the construction of the Public Improvement that may die over a period of eight (8) years from installation. The trees that this Section 3(C) shall apply to shall be identified and documented by the City as of the date of installation. Section 4. Owner’s Obligations A. The Owner shall convey the temporary construction Easement to the City as legally described and depicted on the attached Exhibit B, as required for the completion and of the Public Improvement. B. The Owner shall dedicate that portion of their property required for the Public Improvement, as legally described and depicted on the Plat of Dedication, which is attached hereto as Exhibit C. Section 5. Other Considerations. A. The City and the Owner of the Subject Property agree that all taxes levied upon the Subject Property by the City of Yorkville shall be rebated to the Owner for a period of ten (10) years beginning the first year the Subject Property is annexed into the City and assessed City real estate taxes. B. The City and the Owner agree that the City of Yorkville shall extend water service to the Subject Property approximately five (5) feet from the building, thereby providing access to municipal water at the Subject Property and the Owner shall grant necessary access to the Subject Property to construct such extension. The installation of the municipal water service to the Subject Property and connection to the water system shall be provided free of the ordinary City fees; provided however, the Owner is responsible for any internal plumbing work and the connection of the water service to the building. Standard rates as designated by the City of Yorkville shall apply to all water usage once municipal water lines have been installed at the Subject Property. Section 6. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of ten (10) years from the later of the date of execution hereof and tenth year the City rebates to the Owner that potion of the real estate taxes levied by the City on the Subject Property. Section 7. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Point Dr. Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 To the Owner: Chicago Land Title Trust Company. as Successor Trustee under Trust No 110740-09 under Trust Agreement dated April 1, 1990 c/o: Blackberry Golf Course P.O. Box 265 2245 Kennedy Road Bristol, Illinois 60512 Attn: With a copy to: Scott Pointner Rathje Woodward, LLC. 300 E. Roosevelt Road, Suite 220 Wheaton, Illinois 60187 Section 8. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 9. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. [Remainder of page intentionally blank. Signature pages follow] IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09 By: Owner STATE OF ILLINOIS ) ) SS. COUNTY OF KENBDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this ____ day of ___________ 20___, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09, hereinafter referred to as "Owner''. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property which is legally described in Exhibit A attached hereto, consisting of approximately 4.89 acres, and identified by Parcel Number 02-14-100-013and legally described on Plat of Annexation attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the City has determined it is necessary to widen Kennedy Road, a portion of which is immediately adjacent to the Subject Property as well as adjacent to the property north of the Subject Property identified by Parcel Number 02-14-100-012, also owned by the Owner (the “Public Improvement”); and WHEREAS, in order to construct the Public Improvement, the City requires the Owner grant a temporary construction Easement as legally described and depicted in Exhibit B attached hereto and to dedicate a portion of the Subject Property and approximately 4.68 feet of the property immediately to the north all legally described on the Plat of Dedication attached hereto as Exhibit C and as depicted on Exhibit D attached hereto; and WHEREAS, the Owner has agreed to annex the Subject Property and dedicate that portion of the Subject Property and the property to the north of the Subject Property as described in the Plat of Dedication for and in consideration of the terms and conditions of this Agreement; and WHEREAS, it is the desire of the Owner that when annexed, the City shall provide municipal water access to the Subject Property, that certain tax benefits shall be granted to the Subject Property, that the City shall plant a given number of trees on the Subject Property as compensation for any trees lost as a result of the construction of the Public Improvement with a commitment to replace any new trees that die within a given period; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to obtain the Easement and the Plat of Dedication from the Owner in order to construct the Public Improvement pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to this Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code, 65 ILCS 11-15.1-1 et. seq. (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement, and, pursuant to legal notice as required by law, held such public hearing thereon; and WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be R-1 which permits the current use of the Subject Property as a clubhouse; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11- 15.1-1 et seq. of the Municipal Code, relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 7-l-l et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby confirms that the Subject Property shall be classified and shall be zoned as R-1 which permits its current use. B. The City and the Owner agree that the Subject Property shall be permitted to retain in place, the structure now existing on the Subject Property with no mandated interior or exterior changes or repairs. Section 3. Landscaping. A. The City and the Owner of the Subject Property agree that to complete the Public Improvement, the City shall be required to remove approximately thirteen (13) large oak trees that currently stand along Kennedy Road on the Subject Property. B. The City and the Owner of the Subject Property agree that the City shall be required to replace the lost trees with sixty (60) small trees, thirty (30) medium trees, or fifteen (15) large trees, or a mixture of various tree sizes that would equate to sixty (60) small trees, for installation at the Subject Propertyin accordance with the City’s Tree Replacement Standards, as outlined at Section 10-5- 3(H)(3)(a) of the United City of Yorkville Unified Development Ordinance. The species of the trees to be purchased by the City shall be agreed upon by the City and the Owner of the Subject Property. The City shall be responsible for installation of the trees that are purchased pursuant to this Section 3(B) and the Owner agrees to use its best efforts for the care of the trees as installed by the City. C. The City and the Owner of the Subject Property agree that the City, at the City’s expense, shall replace any trees planted by the City due to the loss of trees from the construction of the Public Improvement that may die over a period of eight (8) years from installation. The trees that this Section 3(C) shall apply to shall be identified and documented by the City as of the date of installation. Section 4. Owner’s Obligations A. The Owner shall convey the temporary construction Easement to the City as legally described and depicted on the attached Exhibit B, as required for the completion and of the Public Improvement. B. The Owner shall dedicate that portion of their property required for the Public Improvement, as legally described and depicted on the Plat of Dedication, which is attached hereto as Exhibit C. Section 5. Other Considerations. A. The City and the Owner of the Subject Property agree that all taxes levied upon the Subject Property by the City of Yorkville shall be rebated to the Owner for a period of ten (10) years beginning the first year the Subject Property is annexed into the City and assessed City real estate taxes. B. The City and the Owner agree that the City of Yorkville shall extend water service to the Subject Property approximately five (5) feet from the building, thereby providing access to municipal water at the Subject Property and the Owner shall grant necessary access to the Subject Property to construct such extension. The installation of the municipal water service to the Subject Property and connection to the water system shall be provided free of the ordinary City fees; provided however, the Owner is responsible for any internal plumbing work and the connection of the water service to the building. Standard rates as designated by the City of Yorkville shall apply to all water usage once municipal water lines have been installed at the Subject Property. Section 6. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of ten (10) years from the later of the date of execution hereof and tenth year the City rebates to the Owner that potion of the real estate taxes levied by the City on the Subject Property. Section 7. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Point Dr. Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 To the Owner: Chicago Land Title Trust Company. as Successor Trustee under Trust No 110740-09 under Trust Agreement dated April 1, 1990 c/o: Blackberry Golf Course P.O. Box 265 2245 Kennedy Road Bristol, Illinois 60512 Attn: With a copy to: Scott Pointner Rathje Woodward, LLC. 300 E. Roosevelt Road, Suite 220 Wheaton, Illinois 60187 Section 8. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 9. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. [Remainder of page intentionally blank. Signature pages follow] IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09 By: Owner STATE OF ILLINOIS ) ) SS. COUNTY OF KENBDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC   Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS ANNEXING CERTAIN TERRITORY LOCATED AT 2245 KENNEDY ROAD TO THE UNITED CITY OF YORKVILLE (Blackberry Oaks Golf Course) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the Laws of the State; and WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by an authorized representative of Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09, the owner of record, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and WHEREAS, there are no electors residing within said territory; and WHEREAS, the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and WHEREAS, the legal owners or record of said territory and the City have entered into a valid and binding annexation agreement relating to such territory; and WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and WHEREAS, it is in the best interests of the City that said territory be annexed.   Ordinance No. 2024-____ Page 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the property to be annexed is identified by property index number 02-14- 100-013 and legally described and depicted in the Plat of Annexation, attached hereto as Exhibit A. Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024.   Ordinance No. 2024-____ Page 3 ______________________________ MAYOR Attest: ______________________________ CITY CLERK  KENNEDY ROADBURLINGTON NORTHERN RAILROADFREEDOM PLACEEngineering Enterprises, Inc.PLAT OF ANNEXATIONPAGE 1 OF 1UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISTO THE UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISExhibit A SUMMARY: The petitioner, Chicago Title Land Trust Company as Successor to American National Bank and Trust (Trust No. 110740-09), property owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to annex approximately 4.89 acres of unincorporated commercial land currently used as a clubhouse for the Blackberry Oaks Golf Club and to enter into an annexation agreement with the city. The property is located immediately west of Kennedy Road and south of the Burlington Northern Santa Fe (BNSF) railroad in unincorporated Bristol Township in Kendall County, as depicted in the map below. The aim of this annexation agreement is to enable the construction of Memorandum To: Economic Development Committee From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: April 22, 2024 Subject: Blackberry Oaks – Golf Clubhouse Annexation Proposed Annexation Agreement Request Packet materials from 5/7/24 EDC meeting to follow specific enhancements along Kennedy Road, which involves expanding the roadway, as outlined in the terms of the agreement. PROPERTY BACKGROUND/ZONING: The nearly 5-acre parcel has a common address of 2245 Kennedy Road located in unincorporated Kendall County. The property is occupied by a ~7,000 square foot single-story frame clubhouse built in 1994 as part of the larger 18-hole Blackberry Oaks Golf Course. The clubhouse structure also houses a restaurant, The Oaks Grille, and retail pro shop. The current Kendall County zoning for the property, approved in 1990, is A-1 Agricultural Special Use-Planned Urban Development. Upon annexation into Yorkville, the parcel will be rezoned R-1 Single-Family Suburban Residence District, per Section 10-3-4 of the Unified Development Ordinance. Golf Courses, including accessory support facilities such as retail sales and restaurants, are permitted land uses within the R-1 District. Therefore, once annexed, no additional rezoning of the parcel is required. PROPOSED KENNEDY ROAD IMPROVEMENTS: The city proposes to improve the intersection of Kennedy and Freedom Place by installing turn lanes, as depicted in the plan below. This includes widening Kennedy Road, a portion of which is Image Courtesy of Kendall Co. GIS immediately adjacent to the Blackberry Oaks Golf Club and to the property to the north, also owned by the petitioner. In order to construct the public improvements, the owner will grant the city a temporary construction easement (approx. 0.11 acres) and dedicate a portion totaling 0.84 acres of the subject property, as well as approximately 4.68 feet of the property immediately to the north (refer to exhibit to the right). The construction will also require the removal of an established tree line. In exchange for the easement and dedication, the city will annex the parcel and provide municipal water service to the golf club facility in addition to planting new trees on the property. PROPOSED ANNEXATION AGREEMENT TERMS: A draft of the proposed annexation has been attached for your review. In summary, the terms include the following: • Zoning o Upon annexation the property will be zoned as R-1 Single Family Suburban Residence District. o The property shall be permitted to retain the structure as it currently exists with no requirements to make any exterior or interior changes or repairs. o Golf course reserves the right to be allowed to use irrigation wells and ponds to water the golf course greens. • Landscaping o City will remove thirteen (13) large oak trees currently on the subject property along Kennedy Road. o City will install sixty (60) small trees, thirty (30) medium trees or fifteen (15) large trees, or a mixture thereof equating to sixty (60) small trees. o City agrees to replace any dead trees during a period of eight (8) years following initial installation. • Tax Rebate o All property taxes levied upon the property by the City will be rebated to the owner for a period of ten (10) years. • Municipal Water o City will extend a municipal water line to the property. The installation and connection to the water system shall be provided free of charge. However, standard water usage rates upon installation shall apply. The City further agrees that no sewer service fees shall be charged until such time the owner connects to the sewer line. • Term o The terms of the annexation agreement are binding for a term of twenty (20) years. COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as “Parks and Open Space”. The Parks and Open Space (OS) designation encompasses all parks, green space, recreational lands and includes county and state parks. The intent of this district is to preserve such areas, enhance their functions as active centers for recreational activity and to achieve a well-connected system of “green” infrastructure within Yorkville. The existing golf course and clubhouse use is consistent with the current Comprehensive Plan’s future land use designation of Parks and Open Space. STAFF COMMENTS: Staff is supportive of the requested annexation and draft annexation agreement. This matter is scheduled for a public hearing before the City Council on May 14, 2024, with final vote anticipated at the May 28, 2024 meeting. The proposed expediated schedule is requested in order to meet timelines/deadlines for the upcoming construction season. ATTACHMENTS: 1. Draft Annexation Agreement with exhibits 2. Annexation Petition 3. Public Hearing Notice STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this ____ day of ___________ 2024__, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09, hereinafter referred to as "Owner''. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property which is legally described in Exhibit A attached hereto, consisting of approximately 4.89 acres, and identified by Parcel Number 02-14-100-013and legally described on Plat of Annexation attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the City has determined it is necessary to widen Kennedy Road, a portion of which is immediately adjacent to the Subject Property as well as adjacent to the property north of the Subject Property identified by Parcel Number 02-14-100-012, also owned by the Owner (the “Public Improvement”); and WHEREAS, in order to construct the Public Improvement, the City requires the Owner grant a temporary construction Easement as legally described and depicted in Exhibit B attached hereto and to dedicate a portion of the Subject Property and approximately 4.68 feet of the property immediately to the north all legally described on the Plat of Dedication attached hereto as Exhibit C and as depicted on Exhibit D attached hereto; and WHEREAS, the Owner has agreed to annex the Subject Property and dedicate that portion of the Subject Property and the property to the north of the Subject Property as described in the Plat of Dedication for and in consideration of the terms and conditions of this Agreement; and WHEREAS, it is the desire of the Owner that when annexed, the City shall provide municipal water access to the Subject Property, that certain tax benefits shall be granted to the Subject Property, that the City shall plant a given number of trees on the Subject Property as compensation for any trees lost as a result of the construction of the Public Improvement with a commitment to replace any new trees that die within a given period; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to obtain the Easement and the Plat of Dedication from the Owner in order to construct the Public Improvement pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to this Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code, 65 ILCS 11-15.1-1 et. seq. (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement, and, pursuant to legal notice as required by law, held such public hearing thereon; and WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be R-1 which permits the current use of the Subject Property as a clubhouse; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11- 15.1-1 et seq. of the Municipal Code, relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 7-l-l et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby confirms that the Subject Property shall be classified and shall be zoned as R-1 which permits its current use as a golf course which is defined by the Yorkville Unified Development Ordinance as “A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related sales, restaurant, golf driving range but excluding miniature golf.” B. The City and the Owner agree that the Subject Property shall be permitted to retain in place, the structures now existing on the Subject Property with no mandated interior or exterior changes or repairs. C. [LANGUAGE DISCUSSING THAT THE GOLF COURSE IS ALLOWED TO USE IRRIGATION WELLS AND PONDS TO WATER THE GOLF COURSE ITSELF, even after the water service is provided] D. [Location of sanitary sewer main, connection fee questions, any recapture?, golf course should contact YBSD with some questions] Section 3. Landscaping. A. The City and the Owner of the Subject Property agree that to complete the Public Improvement, the City shall be required to remove approximately thirteen (13) large oak trees that currently stand along Kennedy Road on the Subject Property. B. The City and the Owner of the Subject Property agree that the City shall be required to replace the lost trees with sixty (60) small trees, thirty (30) medium trees, or fifteen (15) large trees, or a mixture of various tree sizes that would equate to sixty (60) small trees, for installation at the Subject Property. The species of the trees to be purchased by the City shall be agreed upon by the City and the Owner of the Subject Property. The City shall be responsible for installation of the trees that are purchased pursuant to this Section 3(B) and the Owner agrees to use its best efforts for the care of the trees as installed by the City. C. The City and the Owner of the Subject Property agree that the City, at the City’s expense, shall replace any trees planted by the City due to the loss of trees from the construction of the Public Improvement that may die over a period of eight (8) years from installation. The trees that this Section 3(C) shall apply to shall be identified and documented by the City as of the date of installation. The City also agrees, in addition to the trees installed by the City, to replace any tree lost by the Owner as a direct result of the construction of the Public Improvements as determined by a certified arborist within three (3) years of completion. Section 4. Owner’s Obligations A. The Owner shall convey the temporary construction Easement to the City as legally described and depicted on the attached Exhibit B, as required for the completion and of the Public Improvement. B. The Owner shall dedicate that portion of their property required for the Public Improvement, as legally described and depicted on the Plat of Dedication, which is attached hereto as Exhibit C. Section 5. Other Considerations. A. The City and the Owner of the Subject Property agree that all property taxes levied upon the Subject Property by the City of Yorkville shall be rebated to the Owner for a period of ten (10) years beginning the first year the Subject Property is annexed into the City and property taxes have been assessed by the City, paid and distributed to the City by the County. B. The City and the Owner agree that the City of Yorkville shall extend water service to the Subject Property approximately five (5) feet from the building, thereby providing access to municipal water at the Subject Property and the Owner shall grant necessary access to the Subject Property to construct such extension. The installation of the municipal water service to the Subject Property and connection to the water system shall be provided free of the ordinary City fees; provided however, the Owner is responsible for any internal plumbing work and the connection of the water service to the building. Standard rates as designated by the City of Yorkville shall apply to all water usage once municipal water lines have been installed at the Subject Property. The City agrees that no sewer service fees shall be charged until such time as the Owner connects to the sewer service line Section 6. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and tenth year the City rebates to the Owner that potion of the real estate taxes levied by the City on the Subject Property. Section 7. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Point Dr. Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 To the Owner: Chicago Land Title Trust Company. as Successor Trustee under Trust No 110740-09 under Trust Agreement dated April 1, 1990 c/o: Blackberry Golf Course P.O. Box 265 2245 Kennedy Road Bristol, Illinois 60512 With a copy to: Scott Pointner Rathje Woodward, LLC. 300 E. Roosevelt Road, Suite 220 Wheaton, Illinois 60187 Section 8. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 9. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. [Remainder of page intentionally blank. Signature pages follow] IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09 By: Owner STATE OF ILLINOIS ) ) SS. COUNTY OF KENBDALL ) I, ________________________, a duly qualified and acting notary public of the State of Illinois, do hereby certify on the _____ day of ________________, 20___, _____________________________________, who is personally known and announced to me, did appear before me and set their hand to the instrument set forth above. They did further announce that they did so as their free and volitional act, and the same was not a product of fraud, duress, or coercion. NOTARY PUBLIC KENNEDY ROADBURLINGTON NORTHERN RAILROADFREEDOM PLACEEngineering Enterprises, Inc.PLAT OF ANNEXATIONPAGE 1 OF 1UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISTO THE UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS KENNEDY ROADFREEDOM PLACEBNSF RAILROADLOT 3010LOT 3009GRANT OF EASEMENTTO THEUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISSUGAR GROVE , IL. MA R K G SCHELLER035-003581PROFESSIONALLANDSURVEYORSTATE OFILLINOISPAGE 1 OF 1Engineering Enterprises, Inc.UNITED CITY OF YORKVILLE800 GAME FARM ROADYORKVILLE, IL 60560“” KENNEDY ROAD FREEDOM PLACEBNSF RAILROADLOT 3010LOT 3009PLAT OF DEDICATIONTO THEUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISPAGE 1 OF 1Engineering Enterprises, Inc.UNITED CITY OF YORKVILLE800 GAME FARM ROADYORKVILLE, IL 60560 KENNEDY ROAD FREEDOM PLACEBNSF RAILROADLOT 3010LOT 3009EXHIBITPAGE 1 OF 1Engineering Enterprises, Inc.UNITED CITY OF YORKVILLE800 GAME FARM ROADYORKVILLE, IL 60560 PETITION FOR ANNEXATION STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL _ ) TO: THE CITY COUNCIL AND CITY CLERK OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. The undersigned, each being 18 or more years of age and under no disability, hereby petition the United City of Yorkville to annex within its corporate limits, the real estate described on the Plat of Annexation, attached hereto as Exhibit A, in the County of Kendall, and for the purpose of authorizing the United City of Yorkville to enact an appropriate ordinance of annexation in the manner provided by 65 ILCS 5/7-1-8, and knowing that the certifications herein made will be relied upon by the United City of Yorkville, the undersigned persons certify to the United City of Yorkville the following: That the above described territory is now contiguous to the United City of Yorkville. That the above described territory is not within the corporate limits of any municipality. That there are no electors residing on the property above described.! That the undersigned persons are authorized representatives of the Chicago Title Land Trust Company as Successor to American National Bank and Trust Company as Trustee under a trust agreement dated April 1, 1990 and known as Trust No. 110740-09, the true and correct owner(s) of record of all the land within the above described territory, as established by the records in the Office of the Recorder of Deeds of Kendall County, Illinois; subject to public streets.” 5. That a plat of the real estate sought to be annexed is attached as Exhibit A? oo Ss ' At least 51% of the electors residing within the annexation territory must sign the annexation petition. If, for example, six (6) electors reside within the annexation territory, four (4) electors must sign the annexation petition. ? All owners of record of the territory sought to be annexed must sign the annexation petition. If a land trust is the actual owner of a portion of the annexation territo , the land trustee must execute the annexation petition. If a husband and wife jointly own property within the annexation territory, both of them must sign the annexation petition. * An unconditional petition for annexation must be on file with the Village prior to the adoption of the annexation ordinance. The annexation petition, when acted on, may not be contingent upon zoning, subdivision or any other condition. FORM OF ACKNOWLEDGMENT FOR OWNERS OF RECORD STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL _ ) The undersigned, being first duly sworn upon his oath, deposes and states that he has subscribed to the foregoing Petition for Annexation and has read the same before signing; that the statements made therein are true and correct; and that no persons, firms or corporations other than those named herein have any right, title or interest of record in any of the above described property herein requested to be annexed. OWNERS’ SIGNATURES PRINT NAME OPPOSITE SIGNATURE AU ZA Wel. Dow _L. WALLY J be WA Lk C— Gary A. BlLOoZKEK Subscribed and Sworn to before me by each of the persons whose signatures appear above this_/) _ day of ___Apraii , 20_24 . Del Drerapir Notary Public ” DAVID MANGIONE OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires December 28, 2026 PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON AN ANNEXATION AGREEMENT BEFORE UNITED CITY OF YORKVILLE CITY COUNCIL NOTICE IS HEREBY GIVEN THAT Blackberry Golf, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation pursuant to an annexation agreement of an approximately 4.89-acre tract of property into the City’s municipal boundary. The property is located immediately west of Kennedy Road and south of the Burlington Northern Santa Fe (BNSF) railroad in unincorporated Bristol Township in Kendall County. The land is currently used as a clubhouse for the Blackberry Oaks Golf Club. The purpose of this annexation agreement is to allow for the construction of certain improvements along Kennedy Road, including the widening of the roadway, pursuant to the terms of that annexation agreement. The legal description of the tract of property is as follows: LEGAL DESCRIPTION: PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY WITH THE CENTER LINE OF KENNEDY ROAD; THENCE SOUTH 05 DEGREES 06 MINUTES 07 SECONDS EAST ALONG SAID CENTER LINE, 940.00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 05 DEGREES 06 MINUTES 07 SECONDS EAST ALONG SAID CENTERLINE, 926.00 FEET; THENCE SOUTH 04 DEGREES 04 MINUTES 07 SECONDS EAST ALONG SAID CENTER LINE, 42.60 FEET;THENCE SOUTH 85 DEGREES 55 MINUTES 53 SECONDS WEST, 184.99 FEET; THENCE NORTH 01 DEGREE 10 MINUTES 00 SECONDS EAST, 296.00 FEET; THENCE NORTH 26 DEGREES 10 MINUTES 00 SECONDS WEST, 86.00 FEET; THENCE SOUTH 75 DEGREES 09 MINUTES 12 SECONDS WEST, 115.00 FEET; THENCE NORTH 13 DEGREES 40 MINUTES 00 SECONDS WEST, 156.00 FEET; THENCE NORTH 09 DEGREES 00 MINUTES 00 SECONDS WEST, 176.00 FEET; THENCE NORTH 70 DEGREES 30 MINUTES 00 SECONDS EAST, 98.00 FEET; THENCE NORTH 05 DEGREES 30 MINUTES 00 SECONDS EAST, 166.00 FEET;THENCE NORTH 45 DEGREES 20 MINUTES 00 SECONDS EAST, 132.00 FEET; THENCE NORTH 80 DEGREES 10 MINUTES 00 SECONDS EAST, 106.00 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 02-14-100-013 NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct a Public Hearing for the purpose of considering and hearing testimony as to an ordinance authorizing the annexation to the City of the above-described tract of property on Tuesday, May 14, 2024 at 7 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. An accurate map of the property proposed to be annexed to the City and form of the proposed annexation agreement are on file in the office of the Community Development Director. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI BEHLAND City Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Minutes of the Regular City Council – April 23, 2024 City Council – May 14, 2024 Majority Approval Approval of Minutes Jori Behland Administration Name Department  DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, APRIL 23, 2024 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Present Ward III Funkhouser Present Marek Present (electronic attendance) Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Lamb, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely:  https://us02web.zoom.us/j/87545658775?pwd=Ry9EQjNXWHNKNDRuWlBRQnZsdHN3UT09. The Zoom meeting ID was 875 4565 8775. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Purcell moved Mayor’s Report #1, Poppy Days Proclamation, and Mayor’s Report #2, Motorcycle Awareness Proclamation, before the Public Hearing. PRESENTATIONS None. MAYOR’S REPORT Poppy Days Proclamation (CC 2024-23) Mayor Purcell proclaimed May 9 - 15, 2024, may serve as Poppy Awareness Days in the United City of Yorkville (see attached). Motorcycle Awareness Proclamation (CC 2024-24) Mayor Purcell proclaimed the month of May 2024 as Motorcycle Awareness Month in the United City of Yorkville (see attached). PUBLIC HEARINGS 1. Corneils Solar Farm – Annexation Please see the attached transcript from the court reporter regarding the public hearing portion of the meeting. CITIZEN COMMENTS ON AGENDA ITEMS None. The Minutes of the Regular Meeting of the City Council – April 23, 2024 – Page 2 of 6   CONSENT AGENDA 1. Minutes of the Regular City Council – March 26, 2024 2. Minutes of the Regular City Council – April 9, 2024 3. Bill Payments for Approval $ 1,921,679.08 (vendors) $ 370,113.15 (payroll period ending 04/12/24) $ 2,291,792.23 (total) 4. Water Reports for July 2023 – March 2024 (PW 2024-31) 5. Kennedy Road and Freedom Place Intersection Improvements – Construction Engineering Agreement – authorize the Mayor and City Clerk to execute (PW 2024-37) 6. Treasurer’s Report for March 2024 (ADM 2024-16) 7. Ordinance 2024-12 Approving the Third Amendment to the Amended Intergovernmental Cooperative Agreement Between the United City of Yorkville and the Yorkville Bristol Sanitary District Regarding Billing for District Services – authorize the Mayor and City Clerk to execute (ADM 2024-21) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Tarulis; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT (cont’d) Appointment of Police Department FOIA Officer – Crystal Bieritz (CC 2024-25) Mayor Purcell entertained a motion to approve the appointment of Crystal Bieritz as a Freedom of Information Officer for the Police Department. So moved by Alderman Koch; seconded by Alderman Soling. Motion unanimously approved by a viva voce vote. Resolution 2024-18 Authorizing the Lease/Purchase of Eight Tasers from Axon Enterprises, Inc. (CC 2024-26) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Lease/Purchase of Eight Tasers from Axon Enterprises, Inc and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye Parks and Recreation Truck Purchase (CC 2024-27) Mayor Purcell entertained a motion to approve the purchase of a 2024 Ford 150 from Riverview Ford in the amount not to exceed $40,031.03. So moved by Alderman Transier; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye The Minutes of the Regular Meeting of the City Council – April 23, 2024 – Page 3 of 6   Resolution 2024-19 Approving a Memorandum of Understanding By and Between the United City of Yorkville, Kendall County, Illinois and the Illinois Fraternal Order of Police Labor Council (CC 2024-28) Mayor Purcell entertained a motion to approve a Resolution Approving a Memorandum of Understanding By and Between the United City of Yorkville, Kendall County, Illinois and the Illinois Fraternal Order of Police Labor Council and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye Resolution 2024-20 Adopting the 2024 Kendall County Multi-Jurisdictional Multi-Hazard Mitigation Plan (CC 2024-29) Mayor Purcell entertained a motion to approve a Resolution Adopting the 2024 Kendall County Multi- Jurisdictional Multi-Hazard Mitigation Plan and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Transier. Motion unanimously approved by a viva voce vote. Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication (Land Cash) (CC 2024-30) Mayor Purcell entertained a motion to initiate a text amendment for the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication (Land Cash). So moved by Alderman Plocher; seconded by Alderman Corneils. City Administrator Olson reported that when the City approved the new Unified Development Ordinance, it initiated the unattended effect of cutting our current school and park donations requirements in half for future developments. Mr. Olson shared staff is currently engaged with multiple developers who inquired about the City's land cash requirements. The developers were given the previous land cash ordinance information, and they were made aware that we were in the process of fixing it. This ordinance will revert the City to the land cash requirements that were in place before the passing of the UDO. This is a zoning code amendment that requires a public hearing. Staff will continue the discussion on the land cash requirements and will return with a recommended update later. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye Ordinance 2024-13 Amending Water Service Rates (CC 2024-31) Mayor Purcell entertained a motion to approve an Ordinance Amending Water Service Rates and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Transier. Finance Director Fredrickson reported that the average home water bill will go up by $9.12 with the amended water rates. The base rate is going up from $24 to $39. The rate for every 100 cubic feet of water over 350 cubic feet is going up from $4.80 to $5.30. Mayor Purcell stated that this amendment would put the City at the budgeted water sales revenue amount of $5.4 million. Alderman Koch asked if commercial businesses would end up paying more. He mentioned he would like to know what properties would fall in this category for the increase. City Administrator Olson read off examples from the memo within the packet, breaking down the percentages of customers and their cubic feet usage. He stated that residential users would only increase by about $15 per billing cycle on the higher end. Alderman Koch asked if residents could install an irrigation system, which Mr. Olson stated that would need to be discussed with the building department. Mayor Purcell reminded the Council that this is one step in a multi-year process. Alderman Funkhouser questioned lowering the base rate and increasing the volumetric rate to generate the same targeted revenue, to which City Administrator Olson said yes. City Administrator Olson shared staff looked at this option and wanted the Council to keep in mind that increasing the base rate impacts the residential users, and increasing the volumetric rate impacts the industrial and commercial users' rates. Alderman Koch asked how staff came up with the ratio used. City Administrator Olson stated they used the same process used in the past. Alderman Transier specified The Minutes of the Regular Meeting of the City Council – April 23, 2024 – Page 4 of 6   that the more customers use, the more they pay. However, this could be a problem if customers start using less water when the City relies on these rates to meet the ratios. Mayor Purcell said the Council must remember that we need to increase these yearly. He also shared that part of the WIFIA loan approval is to map out our projected water rates for the next 35 years. Mayor Purcell said we will eventually have to change the entire structure of water rates to include fees we currently do not have to pay. Alderman Funkhouser stated the cost of living is very high right now, and anything to lower the base level will be helpful to residents. Alderman Koch asked if we approved the rates now could it be changed at any time, and City Administrator Olson said yes. A motion was made by Alderman Funkhouser to amend the proposed Ordinance Amending Water Service Rates by changing the suggested rate of $39 up to 350 cubic feet of usage to $33.00 up to 350 cubic feet of usage and by changing the suggested rate of $5.30 per 100 cubic feet of usage over 350 cubic feet to $5.80 per 100 cubic feet of usage over 350 cubic feet, seconded by Alderman Corneils. Motion to amend approved by a roll call vote. Ayes-8 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye Resolution 2024-21 Approving an Intergovernmental Agreement Between the United City of Yorkville and Bristol Township (CC 2024-32) Mayor Purcell entertained a motion to approve a Resolution Approving an Intergovernmental Agreement Between the United City of Yorkville and Bristol Township and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-nay, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Resolution 2024-22 Approving a Sublease Agreement Between the United City of Yorkville and Yorkville Community School District No. 115 (CC 2024-33) Mayor Purcell entertained a motion to approve a Resolution Approving a Sublease Agreement Between the United City of Yorkville and Yorkville Community Unit School District No. 115 and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye PUBLIC WORKS COMMITTEE REPORT Leak Detection Contract with M.E. Simpson (PW 2024-34) Alderman Koch made a motion to approve a contract with M.E. Simpson for a term of three years in the amounts not to exceed $40,560 for year one, $40,560 for year two and, $41,340 for year three; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Pavement Management Program Update – Preliminary Engineering Agreement (PW 2024-35) Alderman Koch made a motion to approve the Pavement Management Program Update – Professional Services Agreement – Preliminary Engineering Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye The Minutes of the Regular Meeting of the City Council – April 23, 2024 – Page 5 of 6   Kennedy Road and Freedom Place Intersection Improvements – Contract Award (PW 2024-36) Alderman Koch made a motion to approve the bid and award contract to “D” Construction, Inc., subject to securing the easement for Blackberry Oaks Golf Course, in the amount not to exceed $567,530.89 and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Supplemental MFT Resolution 2024-23 for Bulk Rock Salt (PW 2024-38) Alderman Koch made a motion to approve a supplemental MFT Resolution for the purchase of bulk rock salt and authorize the City Clerk to execute; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Aurora Area Convention & Visitors Bureau (AACVB) 2024 Municipal Marketing Plan (ADM 2024-20) Alderman Plocher made a motion to approve the 2024 marketing plan as presented; seconded by Alderman Funkhouser. Cort Carlson, Executive Director of the Aurora Area Convention & Visitors Bureau, shared that the packet contains the results of last year's 2023 marketing plan and the proposed 2024 plan. The most significant part of the 2024 marketing plan is the WGN Hometown Takeover, which will take place in June. Motion approved by a roll call vote. Ayes-8 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye Salary Ranges of City Employees (ADM 2024-22) Alderman Plocher made a motion to approve the recommended FY 25 salary ranges of City employees as presented in the packet materials; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye PARK BOARD No report. PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. The Minutes of the Regular Meeting of the City Council – April 23, 2024 – Page 6 of 6   STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Buildings Updates (CC 2021-04) No report Water Study Update (CC 2021-38) No report ADDITIONAL BUSINESS None. CITIZEN COMMENTS Molly Krempski said she wanted to speak again about Mayor Purcell’s alcohol distribution at Hometown Days from his ACE Hardware booth. She asked if the City allows ACE Hardware to be a vendor again this coming year to consider these three things: Provide a copy of liability insurance that covers all activities taking place within their booth during hometown days, consider that allowing unlicensed distribution of a controlled substance without proper insurance puts the City at risk of a lawsuit, and consider that allowing vendors to give alcohol away at a City event cuts down on the profits of the City’s licensed alcohol sales. See the attached written comment from Jerome (Jerry) Gawlik EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Soling; seconded by Alderman Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:02 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARINGS 651 Prairie Pointe Yorkville, Illinois Tuesday, April 23, 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 2 PRESENT: (In-person and via Zoom) Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Dan Transier, Alderman; Mr. Craig Soling, Alderman; Mr. Joe Plocher, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Matt Marek, Alderman; Mr. Rusty Corneils, Alderman; Mr. Seaver Tarulis, Alderman. ALSO PRESENT: (In-person and via Zoom) Mr. Bart Olson, City Administrator; Ms. Jori Behland, City Clerk; Ms. Erin Willrett, Assistant City Administrator; Ms. Megan Lamb, City Attorney; Mr. Rob Fredrickson, Finance Director; Mr. Eric Dhuse, Public Works Director; Chief James Jensen, Yorkville Police Department; Mr. Tim Evans, Parks and Recreation Director; Ms. Krysti Barksdale-Noble, Community Development Director; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 3 Mr. Brad Sanderson, City Engineer. ---o 0 o --- I N D E X WITNESS:PAGE: Daniel J . Kramer 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 4 (WHEREUPON, the following proceedings were had in the public hearing portion of the meeting, beginning at 7 :09 p .m .) MAYOR PURCELL: Now I am opening the public hearing for the Corneils Solar Farm annexation. If there is anyone who would like to step forward and make public comments, please do so now. DANIEL J . KRAMER, testified from the podium as follows: MR. KRAMER: Good evening. My name is -- I think this is on -- Daniel J . Kramer. My address is 1107A South Bridge Street, Yorkville, Illinois. I am an attorney licensed to practice law in the state of Illinois, and I have the privilege to represent these two nice young folks in the second row tonight from Nexamp and also Betty and Gary Bennett, who are the owners of the property. MAYOR PURCELL: I thought you were referring to them as the nice young folks. MR. KRAMER: They are nice young folks and long-time community members. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 5 MR. BENNETT: We are younger. MR. KRAMER: Tonight as you see is the public hearing strictly on the annexation issue, so we're not trying to be lazy not giving you a solar presentation. We did that at the Economic Development Committee, we did it at the Plan Commission, and we will be here to do that May 14th when you consider the special use. We think the Bennett property annexing to the City of Yorkville makes all the sense in the world. Again, they are an integral part and lived in the community for multi decades, the property is contiguous with the City, and it's a use on this property frankly that makes sense because, given floodway and so on, there is not a lot else other than growing hay and crops that can be done with the property, so we think it's a win/win for the city, the school district and all the taxing bodies. Thank you for the staff for being so both persistent and professional working with us, and we hope when this comes up for a vote on May 14th you are give us a positive recommendation in ordinance annexing and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 6 approving the special use. If you have any questions, I am happy to answer; otherwise, I will be quiet. MAYOR PURCELL: Thank you. Anyone else like to speak? (No response.) MAYOR PURCELL: Anyone in Zoomland like to speak? (No response.) MAYOR PURCELL: I close the public hearing. Thank you. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :11 p .m .) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 7 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I , CHRISTINE M . VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That the foregoing public hearing transcript, Pages 1 through 8 , was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. I further certify that my certificate attached hereto applies to the original transcript and copies thereof signed and certified under my hand only. I assume no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 23, 2024 8 responsibility for the accuracy of any reproduced copies not made under my control or direction. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 29th day of April, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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15, 2024 may serve as "Poppy Awareness Days". Therefore, 1, John Purcell, Mayor of the United City of Yorkville, do hereby proclaim "Poppy Awareness Days" in the United City of Yorkville, and request all citizens to observe these days by wearing a Poppy and making contributions for this worthy cause. Dated this 23rd day of April, 2024, A.D. v John Purcell, Mayor tij. UNITED CITY OF YORKVILLE is WHEREAS, safety is the highest priority for the highways and streets of our City and 5 State; and WHEREAS, the great State of Illinois is proud to be a national leader in motorcycle safety, education and awareness; and WHEREAS, motorcycles are a common and economical means of transportation that i; reduces fuel consumption and road wear, and contributes in a significant way to the relief of traffic and parking congestion; and WHEREAS, it is especially meaningful that the citizens of our City and State be aware of motorcycles on the roadways and recognize the importance of motorcycle safety; and WHEREAS, the members of A.B.A.T.E. of Illinois, Inc. (A Brotherhood Aimed Toward Education), continually promote motorcycle safety, education and awareness in high school drivers' education programs and to the general public in our City and State, presenting motorcycle awareness programs to over 120,000 participants in Illinois over the past nine years; and f WHEREAS, all motorcyclists should join A.B.A.T.E. of Illinois, Inc. in actively promoting the safe operation of motorcycles as well as promoting motorcycle safety, top education, awareness and respect of the citizens of our City and State; and WHEREAS, the motorcyclists of Illinois have contributed extensive volunteerism and money to national and community charitable organizations; and WHEREAS, during the month of May, all roadway users should unite in the safe sharing Itz of the roadways within the United City of Yorkville and throughout the State of Illinois. NOW, THEREFORE, 1, John Purcell, Mayor of the United City of Yorkville, in the great state of Illinois, in recognition of 37 years of A.B.A.T.E, of Illinois, Inc., and over rcycksts statewide, and in recognition of the continued role352,318 registered rnoto i Illinois serves as a leader ;n motorcycle safety, education and awareness, do hereby proclaim the Month of l%by 2024 as Motorcycle Awareness Month in the United City ofar - Yorkville, and urge all motorists to join in an effort to improve safety and awareness on our roadways. Dated this 23`d day of April, 2024, .A.D. John Pur 1, N o Page 1 of 2 4/10/2024 Planning & Zoning Commission P&ZC meeting 4/10/2024 City Council Members, Yorkville, IL City Council meeting 4/23/2024 Mayor John Percell City Council meeting 4/23/2024 Yorkville, IL RE: Annexation agreement- Corneils Road Solar, LLC City Council meeting 4/23/2024 Mayor and City Council members: My name is Jerome Gawlik (Jerry), I live at in Yorkville. I have been representing our community of approx. 208 homes, soon to grow to a total of approx. 290 homes. We are a targeted 55+ community in which the majority of home owners are retired. The board of Directors is still under the developer but preparing documents to turn over to its community to members within the next few months. It is my understanding that the P&ZC and ultimately City Council are considering annexation of a piece of land South of Corneils Rd. near Rt. 47. We are not opposed to this annexation but just want to raise some questions, concerns and add a few comments. Is this the best and highest use for this land given its prime location near Rt47? Did you consider the delta difference between R1 Residential or rezoning to Industrial, commercial vs going back to A1 Agriculture with a special use? Based on my readings A1 with special use would be a revenue loss to the city vs other land uses. Can the city continue to take these revenue losses? Our taxes are high to begin with. With 2 other solar farms already approved, this would be the 3rd solar farm if approved by City Council with additional proposals forthcoming. Before approving this, given a revenue loss in taxes for the city have you considered how the energy savings revenue generated by these farms will be distributed to its residents? Has there been thought on splitting revenue savings between Residential, Commercial or Industrial citizens of Yorkville? Page 2 of 2 Once again, I am a Senior on fixed income and live in a targeted 55+ community of approx. 290 homes when completed which maybe 1 or 2 years from now. There also exits other communities similar to ours within Yorkville. With taxes high and utilities on the rise, increases well above cost of living, can there be consideration of the distribution of energy with ultimate revenue saving to senior residents on fixed income, or at least have a priority option to sign up which would help offset the continuing rise in water rates due to the installation of Lake Michigan water source to Yorkville. Solar panels installed on residential roofs may not be an option given the expense beyond any rebates and the long payback period involved. In a memorandum dated March 1, 2024 from Kathleen Field Orr, City Attorney to Krysti Barksdale -Noble, Ms. Orr attempts to address the restriction on number of Solar Farms allowed in Yorkville. Within the memo she states; “What is unclear is the basis for such restriction. Is it because Solar Farms generate minimal real estate taxes? Because Solar Farms do not create much job opportunity? But, with regard to taxes or jobs, how are Solar Farms different from not-for-profit organizations? Are all Solar Farms the same that a prohibition would apply to all? Would the restriction apply to community solar farms?” Attorney Orr further states; “I would suggest that a study be made of restrictions of the location, size, and proximity to the residential communities to allow the city to prevent a proliferation of Solar Farms which could have negative impact on the community.” Attorney Orr mentions in her memorandum loss of taxes and negative impact on the community. Can the city afford the revenue loss due to rezoning R1 to A1 special use or can you do the right thing to its residential residents by proper distribution of energy generated by Solar Farms and ultimately dollar savings to Yorkville citizens, with priority to seniors on fixed income and help them offset the increase in water rates due to the influx of Lake Michigan Water. These important points should all be considered prior to approving the annexation of this and other parcel of land for similar use. Thank you for your time and consideration. Jerome (Jerry) Gawlik Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number Bills for Payment City Council – May 14, 2024 Majority Approval Amy Simmons Finance Name Department DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-A.HERNANDEZ 03/31/24 01 GRAINCO-INFIELD MIX79-790-56-00-56467,600.0002 LOCAL 150-TRAINING MEAL CARD 79-790-54-00-541550.00INVOICE TOTAL:7,650.00 *042524-A.SOMMONS 03/31/24 01 GOTO-3/1-3/31 651 PP PHONES 01-110-54-00-5440168.0902 GOTO-3/1-3/31 651 PP PHONES 01-220-54-00-5440168.0903 GOTO-3/1-3/31 651 PP PHONES 01-120-54-00-544084.0504 GOTO-3/1-3/31 651 PP PHONES 79-795-54-00-5440168.0905 GOTO-3/1-3/31 651 PP PHONES 01-210-54-00-5440840.4706 COMCAST-2/20-3/19 651 PP01-110-54-00-544047.6407 INTERNET** COMMENT **08 COMCAST-2/20-3/19 651 PP01-220-54-00-544042.3509 INTERNET** COMMENT **10 COMCAST-2/20-3/19 651 PP01-120-54-00-544021.1711 INTERNET** COMMENT **12 COMCAST-2/20-3/19 651 PP79-790-54-00-544042.3513 INTERNET** COMMENT **14 COMCAST-2/20-3/19 651 PP01-210-54-00-5440211.7515 INTERNET** COMMENT **16 COMCAST-2/20-3/19 651 PP79-795-54-00-544042.3517 INTERNET** COMMENT **18 VERIZON-2/2-3/1 IN CAR UNITS 01-210-54-00-5440648.1819 GO DADDY-WILDCARD SSL RENEWAL 01-640-54-00-5450899.98INVOICE TOTAL:3,384.56 *042524-B.BEHRENS 03/31/24 01 MENARDS#031424-SPRAY PAINT01-410-56-00-562029.2302 MENARDS#031224-COUPLER01-410-56-00-562034.8603 MENARDS#030824-PEN, PAINT,01-410-56-00-562026.4404 LETTERS** COMMENT **05 MENARDS#030124-WEDGE ANCHORS 01-410-56-00-562026.9806 MENARDS#032524-COUPLER, FILTER 01-410-56-00-562048.6707 WHIP HOSE** COMMENT **08 MENARDS#031224-RETURNED01-410-56-00-5620-2.4109 MATERIAL CREDIT** COMMENT **10 NAPA#361535-SPARK PLUGS, OIL, 01-410-56-00-562858.4311 FILTERS** COMMENT **12 MENARDS#031224-PAINT, BRUSH 01-410-56-00-562041.28INVOICE TOTAL:263.48 *042524-B.OLSON03/31/24 01 CRAINS-ANNUAL SUBSCRIPTION01-110-54-00-5460169.0002 ZOOM-03/23-04/22 USER FEES01-110-54-00-5462213.96INVOICE TOTAL:382.96 *042524-B.VALLES 03/31/24 01 ATLAS-HYDRA FLUID01-410-56-00-5628263.3702 FLATSOS#31027-2 TIRES01-410-56-00-5628203.62FY 24Page 1 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-B.VALLES 03/31/24 03 MENARDS#031124-MASONARY WHEEL 01-410-56-00-562020.91INVOICE TOTAL:487.90 *042524-B.WEBER03/31/24 01 RONDO#183313-NEW CM RD FLATBED 01-410-54-00-54905,734.0102 BODY** COMMENT **INVOICE TOTAL:5,734.01 *042524-B.WOLF03/31/24 01 NAPA#360421-SPARK PLUGS79-790-56-00-564010.9502 MENARDS#022824-BOLTS, NUTS79-790-56-00-564015.9603 MENARDS#022824-BOLTS,NUTS,LUBE 79-790-56-00-564030.2204 MENARDS#022824-NUTS,BOLTS79-790-56-00-56405.27INVOICE TOTAL:62.40 *042524-D.BROWN03/31/24 01 MENARDS#030824-VALVE STEMS51-510-56-00-562019.1602 MENARDS#031224-NIPPLES, BUCKET 51-510-56-00-562098.6803 COUPLING** COMMENT **04 AWWA-ANNUAL DUES RENEWAL51-510-54-00-5460394.00INVOICE TOTAL:511.84 *042524-D.HENNE03/31/24 01 HOME DEPO-DRIVE BITS01-410-56-00-563013.5402 ACE-MICROWAVE FUSE01-410-56-00-562015.1803 MENARDS#031424-ELBOW01-410-56-00-56204.4504 MENARDS#031924-SPRAY PAINT01-410-54-00-543520.9405 MENARDS#031924-BOTTLE BRUSH 01-410-54-00-54356.4606 MENARDS#032224-GALVANIZING01-410-54-00-543529.9407 SPRAY** COMMENT **08 ACE-SCREWS01-410-56-00-56202.5509 MENARDS#030724-BUCKLE,01-410-54-00-543567.8610 GALVANIZING SPRAY, ANT KILLER ** COMMENT **11 MENARDS#031224-GALVANIZING01-410-54-00-543559.8812 SPRAY** COMMENT **13 DUTEK#1022919-HOSE FITTINGS 01-410-56-00-562870.0014 DUTEK#1022981-HYDRAULIC HOSE 01-410-56-00-5628172.0015 NAPA#360890-AMPS, MOUNT,01-410-56-00-562875.9116 ADAPTERS, LICENSE KIT** COMMENT **17 NAPA#362327-ELECTRICAL01-410-56-00-5628113.6918 CONNECTORS, WIRE** COMMENT **INVOICE TOTAL:652.40 *042524-D.SMITH03/31/24 01 MENARDS#031224-SPRAYPAINT79-790-56-00-564017.9702 HOME DEPO-METAL BLADE SET79-790-56-00-564627.9703 MENARDS#031824-SPRAY ADHESIVE 79-790-56-00-564015.6604 MENARDS#031124-ROLLER, GLUE, 79-790-56-00-5620518.8305 PAINT** COMMENT **06 MENARDS#032124-CLEANOUT PLUG 79-790-56-00-564010.57FY 24Page 2 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-D.SMITH03/31/24 07 MENARDS#032124-SPREADER79-790-56-00-562017.9608 MENARDS#030424-SQUEEGEE79-790-56-00-563024.9909 HOME DEPO-UTILITY GLOVES79-790-56-00-564012.9710 MASTER HALCO-MATERIALS TO79-790-56-00-56464,321.3411 REPAIR OUTFIELD FENCE AT** COMMENT **12 PRAIRIE MEADOWS** COMMENT **13 AMAZON-ZIP TIES79-790-56-00-564682.8814 AMAZON-ZIP TIES79-790-56-00-5646118.2315 AMAZON-WATER PUMP FUNNEL79-790-56-00-564022.6616 AMAZON-VEGETATION KILLER79-790-56-00-5646241.26INVOICE TOTAL:5,433.29 *042524-E.HERNANDEZ 03/31/24 01 RURAL KING-TRAILER JACK,01-410-56-00-562864.3202 SIDE WIND A-FRAME** COMMENT **03 MENARDS#030624-STENCIL KIT, 01-410-56-00-562025.9604 LITES** COMMENT **05 MENARDS#022924-CHAIN HOOK,ROPE 01-410-56-00-562032.7706 MENARDS#032224-SNAP COUPLER 01-410-56-00-562015.77INVOICE TOTAL:138.82 *042524-E.WILLRETT 03/31/24 01 PHYSICIANS CARE-DRUG SCREENS 79-790-54-00-5462260.0002 PHYSICIANS CARE-DOT EXAMS79-790-54-00-5462210.0003 PHYSICIANS CARE-DRUG SCREEN 51-510-54-00-546279.0004 DELL-OFFICE 365 SUBSCRIPTIONS 01-640-54-00-5450971.2405 PHYSICIANS CARE-DRUG SCREEN 51-510-54-00-546279.0006 DRUG & ALCOHOL01-110-54-00-54626.2507 CLEARING HOUSE-QUERY PLAN** COMMENT **INVOICE TOTAL:1,605.49 *042524-G.HASTINGS 03/31/24 01 GJOVIKS#440533-OIL CHANGE01-220-54-00-5490147.18INVOICE TOTAL:147.18 *042524-G.JOHNSON 03/31/24 01 MENARDS#032524-TUBE CUTTER, 51-510-56-00-564078.7502 CAUTION TAPE, ADAPTER** COMMENT **03 MENARDS#031124-BATTERY CLAMPS, 51-510-56-00-562027.5704 SPRAY PAINT, WIRE** COMMENT **05 MENARDS#032224-HOOKS, CLAMPS 51-510-56-00-563016.48INVOICE TOTAL:122.80 *042524-G.KLEEFISCH 03/31/24 01 GARAGE DOOR SUPPLIES-HINGES 79-790-56-00-5640164.6402 MENARDS#032024-ELECTRICAL TAPE 79-790-56-00-564017.9503 MENARDS#032224-REFRIGERATOR 79-795-56-00-5620379.00INVOICE TOTAL:561.59 *042524-G.NELSON 03/31/24 01 AMAZON-CORK BOARD01-220-56-00-562036.99FY 24Page 3 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-G.NELSON 03/31/24 02 PARADISE-FEB 2024 CAR WASHES 01-220-54-00-546215.0003 YORK POST-CERTIFIED MAILINGS 90-216-00-00-001196.03INVOICE TOTAL:148.02 *042524-G.STEFFENS 03/31/24 01 MENARDS#030824-CORD CLIPS,52-520-56-00-562012.9402 GROMMETS** COMMENT **03 MENARDS#031424-WASHERS, CLAMPS 52-520-56-00-562020.2104 MENARDS-BLUEDEF52-520-56-00-569597.8005 NAPA#361782-FILTERS52-520-56-00-562829.1406 NAPA#360459-HOSES, CLAMPS52-520-56-00-5613122.1007 ACE-MASTER LOCKS52-520-56-00-5620111.9308 COOLANT RECOVERY KIT** COMMENT **09 AMAZON-ELECTRICAL WIRE, STROBE 52-520-56-00-562898.9510 LIGHT, CONNECTORS** COMMENT **11 NAPA#361316-HOSES, CLAMPS52-520-56-00-561341.65INVOICE TOTAL:534.72 *042524-J.ANDERSON 03/31/24 01 RURAL KING-GPM PUMP79-790-56-00-564034.9902 ACE-CHAIN79-790-56-00-564030.9903 LOCAL 150-TRAINING MEAL CARDS 79-790-54-00-5415100.00INVOICE TOTAL:165.98 *042524-J.BAUER03/31/24 01 ILAWWA-SCIENCE OF SEWER51-510-54-00-5412192.0002 JETTING CLASS FOR BAUER,** COMMENT **03 BROWN, STEFFENS & JACKSON** COMMENT **INVOICE TOTAL:192.00 *042524-J.BEHLAND 03/31/24 01 SHAW-FIRE & POLICE RULE CHANGE 01-110-54-00-542651.4602 NOTICE** COMMENT **INVOICE TOTAL:51.46 *042524-J.GALAUNER 03/31/24 01 ILLINOIS SAFETY-CPR79-795-54-00-541255.0002 CERTIFICATION-REMUS** COMMENT **03 ILLINOIS SAFETY-CPR79-795-54-00-541255.0004 CERTIFICATION-GALAUNER** COMMENT **05 BSN#924941578-STAFF SHIRTS79-795-56-00-560668.0006 BSN#924925891-SOCCER JERSEYS 79-795-56-00-56065,820.0007 ILLINOIS SAFETY-CPR79-795-54-00-541255.0008 CERTIFICATION-OVERTURF** COMMENT **09 ILLINOIS SAFETY-CPR79-795-54-00-541255.0010 CERTIFICATION-MARTINEK** COMMENT **11 BSN#924959705-FIELD MOUNDS25-225-60-00-60101,650.0012 BSN#625048825-SOCCER JERSEYS 79-795-56-00-56061,434.0013 RUNNING AWARDS-PLAYOFF MEDALS 79-795-56-00-56061,140.00INVOICE TOTAL:10,332.00 *FY 24Page 4 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-J.JACKSON 03/31/24 01 MENARDS#032024-GREASE GUNS, 52-520-56-00-5620117.0602 COUPLER, GARBAGE BAGS, SOAP** COMMENT **03 MENARDS#022724-MAG TOOL HOLDER 52-520-56-00-562014.9904 SET** COMMENT **INVOICE TOTAL:132.05 *042524-J.JENSEN 03/31/24 01 AMAZON-BADGE HOLDERS01-210-56-00-562059.9802 KENDALL PRINT-ANNUAL REPORTS 01-210-54-00-5430566.0003 HOME DEPO-WET/DRY VAC, TAPE 01-210-56-00-5620160.3604 PARADISE-CAR WASH01-210-54-00-549527.0005 AMAZON-CAMERA TRIPOD01-210-56-00-562025.35INVOICE TOTAL:838.69 *042524-J.NAVARRO 03/31/24 01 AMAZON-SOCKET EXTENDER,BULBS 24-216-56-00-565680.8402 AMAZON-REFUND WALL PLATE25-205-60-00-6060-9.8003 GRAINGER-CEILING FAN24-216-56-00-5656187.5204 HOME DEPO-PLUGBOOT RETURN25-205-60-00-6060-27.9605 AMAZON-RETURNED SOCKETS24-216-56-00-5656-80.8406 AMAZON-PAPER TOWELS24-216-56-00-565672.4207 AMAZON-PAPER TOWELS24-216-56-00-5656105.5708 AMAZON-BULBS24-216-56-00-5656107.9409 AMPERAGE#2055463-MOGUL CORN 24-216-56-00-565695.9110 COB** COMMENT **11 AMPERAGE#2053907-LAMPS, MOGUL 24-216-56-00-5656877.7312 CORN COBS** COMMENT **13 AMAZON-LAMP BASE ADAPTERS24-216-56-00-5656153.4714 TUBES** COMMENT **15 AMAZON-KEY TAGS24-216-56-00-565631.5216 AMAZON-SOLENOID KIT24-216-56-00-5656227.70INVOICE TOTAL:1,822.02 *042524-J.PETRAGALLO 03/31/24 01 MENARDS#031424-WATER01-220-56-00-562029.90INVOICE TOTAL:29.90 *042524-J.SLEEZER 03/31/24 01 AMAZON-SPRAY GUN, COPIER INK 52-520-56-00-5610328.9802 AMAZON-PLOTTER PAPER52-520-56-00-561079.99INVOICE TOTAL:408.97 *042524-J.WEISS03/31/24 01 DOLLAR TREE-PROGRAM SUPPLIES 82-000-24-00-248021.0002 TARGET-AUTHOR ILLUSTRATOR82-820-56-00-567124.2503 SHOWCASE SUPPLIES** COMMENT **INVOICE TOTAL:45.25 *042524-J.WHEELER 03/31/24 01 ILLINOIS SAFETY-CPR79-795-54-00-541255.0002 CERTIFICATION** COMMENT **INVOICE TOTAL:55.00 *FY 24Page 5 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-K.BALOG03/31/24 01 AMAZON-POWER STRIP, MARKERS 01-210-56-00-561036.0602 NOTARY SERVICES-ONLINE NOTARY 01-210-54-00-5462392.0003 TRAINING COURSE FOR BALOG,** COMMENT **04 DAVIS, NELSON, ENK, SOEBBING, ** COMMENT **05 BOROWSKI, FISHER & HART** COMMENT **06 ACCURINT-FEB 2024 SEARCHES01-210-54-00-5462200.00INVOICE TOTAL:628.06 *042524-K.BARKSDALE 03/31/24 01 ADOBE-CREATIVE CLOUD MONTHLY 01-220-54-00-546254.9902 FEE** COMMENT **INVOICE TOTAL:54.99 *042524-K.JONES03/31/24 01 LINDCO#240233P-PLOW LIGHT01-410-56-00-56283,858.5302 LINDCO#240182P-HITCH01-410-56-00-5628261.8103 NEW HOLLAND-HARDWARE01-410-56-00-562861.2304 ARNESON#238923-JAN 2024 GAS 01-410-56-00-569571.0605 ARNESON#238923-JAN 2024 GAS 51-510-56-00-569571.0606 ARNESON#238923-JAN 2024 GAS 52-520-56-00-569571.0607 ARNESON#246709-JAN 2024 GAS 01-410-56-00-569582.1308 ARNESON#246709-JAN 2024 GAS 51-510-56-00-569582.1309 ARNESON#246709-JAN 2024 GAS 52-520-56-00-569582.1410 WATER PRODUCTS-BAND REPAIR51-510-56-00-5640315.0011 CLAMPS** COMMENT **12 ARNESON#240397-JAN 2024 DIESEL 01-410-56-00-5695143.9013 ARNESON#240397-JAN 2024 DIESEL 51-510-56-00-5695143.9014 ARNESON#240397-JAN 2024 DIESEL 52-520-56-00-5695143.8915 ARNESON#246708-JAN 2024 DIESEL 01-410-56-00-5695174.9116 ARNESON#246708-JAN 2024 DIESEL 51-510-56-00-5695174.9017 ARNESON#246708-JAN 2024 DIESEL 52-520-56-00-5695174.9018 ARNESON#702769-HYDRAULIC OIL 01-410-56-00-5695199.9919 ARNESON#702769-HYDRAULIC OIL 51-510-56-00-5695200.0020 ARNESON#702769-HYDRAULIC OIL 52-520-56-00-5695200.0021 LAWSON#9311253547-SCREWS,01-410-56-00-5620210.5122 NUTS, CUT OFF WHEELS, BOLTS** COMMENT **23 LAWSON#9311253547-SCREWS,51-510-56-00-5620210.5124 NUTS, CUT OFF WHEELS, BOLTS** COMMENT **25 LAWSON#9311253547-SCREWS,52-520-56-00-5620210.5126 NUTS, CUT OFF WHEELS, BOLTS** COMMENT **27 LAWSON#9311285928-BLADES01-410-56-00-5620527.7328 ARNESON#238924-JAN 2024 DIESEL 01-410-56-00-5695455.2229 ARNESON#238924-JAN 2024 DIESEL 51-510-56-00-5695455.2330 ARNESON#238924-JAN 2024 DIESEL 52-520-56-00-5695455.2331 FIRST PLACE-FLOOR SCRUBBER01-410-56-00-564082.9832 WATER PRODUCTS-BAND REPAIR51-510-56-00-5640544.5033 CLAMPS** COMMENT **FY 24Page 6 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-K.JONES03/31/24 34 ARNESON#241857-FEB 2024 GAS 01-410-56-00-5695209.7835 ARNESON#241857-FEB 2024 GAS 51-510-56-00-5695209.7736 ARNESON#241857-FEB 2024 GAS 52-520-56-00-5695209.7737 AMPERAGE#2046420-LAMPS, TORKS 23-230-56-00-5642378.1938 AMPERAGE#2053490-LAMPS, TORKS 23-230-56-00-5642524.8239 AMPERAGE#2053553-LAMPS23-230-56-00-564220.9840 AMPERAGE#2053609-LAMPS23-230-56-00-564263.0241 AMPERAGE#2053498-SHORTING CAP 23-230-56-00-564220.9242 ARNESON#241858-FEB 2024 DIESEL 01-410-56-00-5695386.0843 ARNESON#241858-FEB 2024 DIESEL 51-510-56-00-5695386.0844 ARNESON#241858-FEB 2024 DIESEL 52-520-56-00-5695386.0745 FOX RIDGE#8198-GRAVEL51-510-56-00-5640215.0046 FOX RIDGE#8317-GRAVEL51-510-56-00-5640450.0047 MINER #350116-MAR 202401-410-54-00-5462366.8548 MANAGED SERVICES RADIO** COMMENT **49 MINER #350116-MAR 202451-510-54-00-5462430.6550 MANAGED SERVICES RADIO** COMMENT **51 MINER #350116-MAR 202452-520-54-00-5462287.1052 MANAGED SERVICES RADIO** COMMENT **53 MINER #350116-MAR 202479-790-54-00-5462510.4054 MANAGED SERVICES RADIO** COMMENT **55 ARNESON#241921-FEB 2024 GAS 01-410-56-00-5695155.3556 ARNESON#241921-FEB 2024 GAS 51-510-56-00-5695155.3557 ARNESON#241921-FEB 2024 GAS 52-520-56-00-5695155.3658 ARNESON#241922-FEB 2024 DIESEL 01-410-56-00-5695199.8859 ARNESON#241922-FEB 2024 DIESEL 51-510-56-00-5695199.8960 ARNESON#241922-FEB 2024 DIESEL 52-520-56-00-5695199.8961 WELDSTAR#2263698-CYLINDER01-410-54-00-548579.3662 RENTAL** COMMENT **63 WIRE WIZ-APR 2024 ALARM52-520-54-00-544446.0064 MONITORING AT LIFT STATIONS** COMMENT **65 WIRE WIZ-MAY-JUN 2024 ALARM 52-000-14-00-140092.0066 MONITORING AT LIFT STATIONS** COMMENT **67 ARNESON#247259-FEB 2024 GAS 01-410-56-00-5695122.3968 ARNESON#247259-FEB 2024 GAS 51-510-56-00-5695122.3969 ARNESON#247259-FEB 2024 GAS 52-520-56-00-5695122.3970 ARNESON#247258-FEB 2024 DIESEL 01-410-56-00-5695163.1471 ARNESON#247258-FEB 2024 DIESEL 51-510-56-00-5695163.1472 ARNESON#247258-FEB 2024 DIESEL 52-520-56-00-5695163.1373 ARNESON#247207-FEB 2024 GAS 01-410-56-00-5695168.9874 ARNESON#247207-FEB 2024 GAS 51-510-56-00-5695168.9975 ARNESON#247207-FEB 2024 GAS 52-520-56-00-5695168.9976 ARNESON#247206-FEB 2024 DIESEL 01-410-56-00-5695411.0277 ARNESON#247206-FEB 2024 DIESEL 51-510-56-00-5695411.0178 ARNESON#247206-FEB 2024 DIESEL 52-520-56-00-5695411.01FY 24Page 7 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-K.JONES03/31/24 79 ARNESON#247644-MAR 2024 GAS 01-410-56-00-5695281.8380 ARNESON#247644-MAR 2024 GAS 51-510-56-00-5695281.8381 ARNESON#247644-MAR 2024 GAS 52-520-56-00-5695281.8382 MINER#350829-APR 2024 MANAGED 01-410-54-00-5462366.8583 SERVICES RADIO** COMMENT **84 MINER#350829-APR 2024 MANAGED 51-510-54-00-5462430.6585 SERVICES RADIO** COMMENT **86 MINER#350829-APR 2024 MANAGED 52-520-54-00-5462287.1087 SERVICES RADIO** COMMENT **88 MINER#350829-APR 2024 MANAGED 79-790-54-00-5462510.4089 SERVICES RADIO** COMMENT **90 ARNESON#247643-MAR 2024 DIESEL 01-410-56-00-5695279.5491 ARNESON#247643-MAR 2024 DIESEL 51-510-56-00-5695279.5492 ARNESON#247643-MAR 2024 DIESEL 52-520-56-00-5695279.5593 WATER PRODUCTS#0321408-BAND 51-510-56-00-5640221.2594 REPAIR CLAMPS** COMMENT **INVOICE TOTAL:22,100.47 *042524-KB.BLYSTONE 03/31/24 01 MSI TEST TRANSACTION01-000-24-00-24401.0002 AMAZON-STAPLES01-110-56-00-561026.5203 AMAZON-STAPLES01-110-56-00-561029.1804 AMAZON-CLEANING DUSTER01-110-56-00-561018.6605 AMAZON-WALL FILES, FOLDERS01-110-56-00-561062.4406 AMAZON-STICKY NOTES, KEYBOARD 01-110-56-00-561066.8107 DRAWER** COMMENT **08 AMAZON-NAPKINS, FOLDERS, TABS, 01-110-56-00-5610187.2409 FURNITURE RISERS, COPY PAPER** COMMENT **INVOICE TOTAL:391.85 *042524-M,MCGREGORY 03/31/24 01 WELDSTAR-NITROGEN51-510-56-00-563868.0402 MENARDS#031224-BLEACH51-510-56-00-562021.5403 MENARDS#030624-SOCKET SET,51-510-56-00-563075.9804 KODIAK KUB** COMMENT **INVOICE TOTAL:165.56 *042524-M.CARLYLE 03/31/24 01 CARAHSOFT-UFED 4PC25-205-60-00-60607,345.0002 KIT & SUBSCRIPTION** COMMENT **03 GJOVIKS#440012-OIL CHANGE01-210-54-00-549540.0004 GJOVIKS#440031-REPLACE 4 TIRES 01-210-54-00-54951,960.0405 GJOVIKS#438706-REPLACE TIRES, 01-210-54-00-54951,421.1406 GJOVIKS#438464-REPLACE WHEEL 01-210-54-00-5495658.5307 BEARINGS** COMMENT **08 MENARDS#032524-BEAM BLADE01-210-54-00-549513.99INVOICE TOTAL:11,438.70 *042524-M.CISIJA 03/31/24 01 AMAZON-KLEENEX, BINDERS01-110-56-00-5610104.17FY 24Page 8 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-M.CISIJA 03/31/24 02 AMAZON-PROTABLE MONITOR FOR 01-110-56-00-561082.8703 WORK FROM HOME** COMMENT **04 AMAZON-BADGE HOLDERS01-110-56-00-561041.76INVOICE TOTAL:228.80 *042524-M.CURTIS 03/31/24 01 JEWEL-BOOK & COOK SUPPLIES82-000-24-00-248023.0202 WALMART-BINDERS82-820-56-00-56109.77INVOICE TOTAL:32.79 *042524-M.DONOVAN 03/31/24 01 ILLINOIS SAFETY-CPR79-795-54-00-541255.0002 CERTIFICATION** COMMENT **INVOICE TOTAL:55.00 *042524-M.SENG03/31/24 01 HOME DEPO-HEX KEY SET,TOOL OIL 01-410-56-00-563096.5002 ACE-NUTS, BOLTS01-410-56-00-562014.6403 ACE-BOLTS01-410-56-00-56206.57INVOICE TOTAL:117.71 *042524-M.WARD03/31/24 01 BRAVE BOOKS-BOOKS84-840-56-00-5686303.94INVOICE TOTAL:303.94 *042524-P,SCODRO 03/31/24 01 AMAZON-SCREEN PROTECTOR51-510-56-00-562025.9402 MENARDS#031424-HAND TRUCK,TARP 51-510-56-00-5638145.4003 STRAPS, PAIL** COMMENT **04 MENARDS#032124-BATTERIES,51-510-56-00-562027.5605 DUCT SEALING COMPOUND** COMMENT **INVOICE TOTAL:198.90 *042524-P.MCMAHON 03/31/24 01 NEST-NEST AWARE MONTHLY FEE 01-210-54-00-54608.0002 GALLS-UNIFORM PANTS01-210-56-00-5600144.4003 GALLS-SERVICE UNIFORMS01-210-56-00-56003,072.9404 GALLS-SERVICE UNIFORMS01-210-56-00-5600638.3605 GALLS-FLASHLIGHTS01-210-56-00-5600469.4006 BADGE&WALLET-BAR HOLDERS01-210-56-00-5600506.0007 AMAZON-CARDSTOCK01-210-56-00-561026.9808 AMAZON-DIPLOMA HOLDERS01-210-56-00-561029.9909 GALLS-SERVICE BOOTS01-210-56-00-5600148.9610 LOGO FACTORY-POLOS01-210-56-00-560048.0011 GALLS-SERVICE BOOTS01-210-56-00-5600144.5012 GALLS-SERVICE PANTS01-210-56-00-5600141.0013 GALLS-SERVICE PANTS01-210-56-00-5600101.0014 WASH HOUSE-ALTERATIONS01-210-56-00-560037.4415 GALLS-SAFETY BOOTS01-210-56-00-5600122.0016 STREICHERS-HATS01-210-56-00-5600859.70INVOICE TOTAL:6,498.67 *FY 24Page 9 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-P.RATOS03/31/24 01 MENARDS#022924-TAPE01-220-56-00-562013.9702 AMAZON-OUTLET REPAIR TOOL KIT 01-220-56-00-562052.99INVOICE TOTAL:66.96 *042524-R.CONARD 03/31/24 01 MENARDS#030724-SOCKET,51-510-56-00-563060.9502 PLIERS, RATCHET, WRENCH ROLL** COMMENT **03 MENARDS#032624-DRIVE BIT SET 51-510-56-00-563021.3404 MENARDS#031424-COUPLER,51-510-56-00-562051.3105 PLUGS, DUAL AIR CHUCK,** COMMENT **06 CONTRACTOR BAGS, AIR HOSE** COMMENT **INVOICE TOTAL:133.60 *042524-R.FREDRICKSON 03/31/24 01 COMCAST-02/13-03/12 INTERNET 51-510-54-00-5440119.8502 AT 610 TOWER WATER PLANT** COMMENT **03 COMCAST-02/15-03/14 INTERNET 79-795-54-00-5440221.4704 AND CABLE AT 102 VAN EMMON** COMMENT **05 GFOA-ASSETT MANAGEMENT FOR01-120-54-00-5412210.0006 FINANCE OFFICERS VIRTUAL** COMMENT **07 TRAINING** COMMENT **08 GFOA-RT IF BUDGETING01-120-54-00-5412315.0009 COMMUNICATIONS VIRTUAL** COMMENT **10 TRAINING** COMMENT **11 GFOA-MASTERING PROCUREMENT01-120-54-00-541240.0012 STRATEGIES FOR LOCAL** COMMENT **13 GOVERNMENT WEBINAR** COMMENT **14 GFOA-ILLINOIS GOVERNMENT01-120-54-00-5412120.0015 FINANCE PROFESSIONALS ADVANCED ** COMMENT **16 ACADEMY II WEBINAR SERIES** COMMENT **17 NEWTEK-3/15-4/11 WEB HOSTING 01-640-54-00-545017.2118 COMCAST-2/29-3/28 PHONE,79-790-54-00-5440268.9719 CABLE AND INTERNET AT 185 WOLF ** COMMENT **20 ST** COMMENT **21 COMCAST-3/1-3/29 INTERNET AT 52-520-54-00-544031.5822 610 TOWER** COMMENT **23 COMCAST-3/1-3/29 INTERNET AT 51-510-54-00-544078.9524 610 TOWER** COMMENT **25 COMCAST-3/1-3/29 INTERNET AT 01-410-54-00-5440126.3226 610 TOWER** COMMENT **27 E-FILING GRAND-FILING 109501-120-54-00-54626.8528 FORMS** COMMENT **INVOICE TOTAL:1,556.20 *042524-R.HORNER 03/31/24 01 AMAZON-AIR FILTERS79-790-56-00-564031.97INVOICE TOTAL:31.97 *042524-R.MIKOLASEK 03/31/24 01 I HOTEL-ILEAS TRAINING LODGING 01-210-54-00-5415179.67INVOICE TOTAL:179.67 *FY 24Page 10 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-S,.AUGUSTINE 03/31/24 01 YORK CHAMBER-MEBERSHIP RENEWAL 82-820-54-00-5460125.0002 AMAZON-MERCHANDISE REFUND82-000-24-00-2480-4.9803 QUILL-TOILET PAPER, CLEANING 82-820-56-00-5621502.3704 SPRAY, GARBAGE BAGS, SOAP** COMMENT **05 QUILL-TONER, DIVIDERS82-820-56-00-5610565.4506 ZOOM-3/9/24-3/8/25 USER FEES 82-820-54-00-5460159.9007 AMAZON-LRT PRIZES82-000-24-00-2480107.3108 SWANK-4/1-12/31 COPYRIGHT82-820-54-00-5460333.0009 COMPLIANCE SITE LICENSE** COMMENT **10 TRIBUNE-SUBSCRIPTION RENEWAL 82-820-54-00-5460324.0011 AMAZON MONTHLY PRIME FEE82-820-54-00-546014.9912 STATION ONE-LTR GIFT CARD82-000-24-00-248025.0013 GRACE-LTR GIFT CARD82-000-24-00-248025.0014 CRAFTD-LTR GIFT CARD82-000-24-00-248050.0015 AMAZON-LAMINATING POUCHES82-820-56-00-567135.0016 AMAZON-KIDS MONTHLY SUPPLIES 82-000-24-00-248048.4217 QUILL-TONER82-820-56-00-5610441.29INVOICE TOTAL:2,751.75 *042524-S.IWANSKI 03/31/24 01 YORK POST-POSTAGE82-820-54-00-545255.44INVOICE TOTAL:55.44 *042524-S.MENDEZ 03/31/24 01 AMAZON-WIRELESS MOUSE01-220-56-00-562043.29INVOICE TOTAL:43.29 *042524-S.REDMON 04/11/24 01 HEARTSMART-AED REPLACEMENTS 25-225-60-00-60101,049.0002 FUN EXPRESS-EASTER SUPPLIES 79-795-56-00-5606274.7403 CLEANERS-BUNNY COSTUME79-795-56-00-560626.8504 AMAZON-EASTER SUPPLIES79-795-56-00-5606193.5705 AMAZON-EASTER SUPPLIES79-795-56-00-560665.9006 AT&T-2/24-3/23 INTERNET FOR 79-795-54-00-5440104.7007 TOWN SQUARE PARK SIGN** COMMENT **08 AMAZON-ST PATRICK SWEATSHIRTS 79-795-56-00-5606213.3009 RUNCO-WIPES,TAPE79-795-56-00-560664.9210 RUNCO-PAPER79-795-56-00-5606137.9711 RUNCO-HAND TOWELS79-795-56-00-564034.9712 AMAZON-CONFETTI79-795-56-00-560613.9813 AMAZON-ST PATRICKS COSTUME79-795-56-00-560639.9014 AMAZON-STICKERS, TISSUE PAPER 79-795-56-00-560628.9615 WONDER IDEA-CATALOG DISPLAY 79-795-54-00-5462299.0016 SOFTWARE** COMMENT **17 ARNESON#246224-JAN 2024 GAS 79-790-56-00-5695155.0418 ARNESON#247208-FEB 2024 GAS 79-790-56-00-5695167.9319 ARNESON#247260-FEB 2024 GAS 79-790-56-00-5695202.1120 ARNESON#237451-OCT 2023 GAS 79-790-56-00-5695246.04FY 24Page 11 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-S.REDMON 04/11/24 21 AMAZON-RETURNED COSTUME79-795-56-00-5606-35.9122 MENARDS#031224-SAFETY VEST, 79-795-56-00-560682.0923 SCISSORS, HANGERS** COMMENT **24 WALMART-CANDY79-795-56-00-560649.9025 WALMART-CANDY, WATER79-795-56-00-5606103.4226 ILLINOIS SAFETY-CPR79-795-54-00-541255.0027 CERTIFICATION** COMMENT **28 ILLINOIS SAFETY-CPR79-790-54-00-541255.0029 CERTIFICATION-HERNANDEZ** COMMENT **30 ILLINOIS SAFETY-CPR79-790-54-00-541255.0031 CERTIFICATION-ANDERSON** COMMENT **32 ILLINOIS SAFETY-CPR79-790-54-00-541255.0033 CERTIFICATION-SCOTT** COMMENT **34 ILLINOIS SAFETY-CPR79-790-54-00-541255.0035 CERTIFICATION-WOLF** COMMENT **36 ILLINOIS SAFETY-CPR79-790-54-00-541255.0037 CERTIFICATION-SMITH** COMMENT **38 ILLINOIS SAFETY-CPR79-790-54-00-541255.0039 CERTIFICATION-HORNER** COMMENT **40 ILLINOIS SAFETY-CPR79-790-54-00-541255.0041 CERTIFICATION-HOULE** COMMENT **42 ILLINOIS SAFETY-CPR79-790-54-00-541255.0043 CERTIFICATION-SLEEZER** COMMENT **44 ILLINOIS SAFETY-CPR79-790-54-00-541255.0045 CERTIFICATION-KLEEFISCH** COMMENT **46 ILLINOIS SAFETY-CPR79-795-54-00-541255.0047 CERTIFICATION-EVANS** COMMENT **48 KC RECORD-SUBSCRIPTION RENEWAL 79-795-54-00-546078.0049 TARGET-BALLOON PUMP79-795-56-00-56064.0050 AMAZON-BLACKOUT CURTAINS79-795-56-00-560651.8251 RUNCO-LABELS, BINDER CLIPS79-795-56-00-561070.8052 HOMEBASE-RENEW SCHEDULING APP 79-795-54-00-5462240.0053 AMAZON-EASTER EGGS79-795-56-00-560666.9754 ARNESON#247646-MAR 2024 DIESEL 79-790-56-00-5695102.4555 ARNESON#247645-MAR 2024 GAS 79-790-56-00-5695538.9656 ARNESON#248469-MAR 2024 GAS 79-790-56-00-5695604.6957 AMAZON-WIRELESS MOUSE79-795-56-00-561031.9858 QUADIENT-APR 2024 LEASE79-795-54-00-548524.1359 QUADIENT-MAY-JUN 2024 LEASE 79-000-14-00-140045.2960 HOMER-VARIOUS TREE AND GROUNDS 79-790-54-00-54959,350.0061 WORK** COMMENT **62 AMERICAN RED CROSS-CPR/FIRST 79-795-54-00-541237.0063 AID ONLINE COURSE-REDMON** COMMENT **INVOICE TOTAL:15,369.47 *042524-S.REMUS03/31/24 01 ILLINOIS SAFETY-CPR79-795-54-00-541255.00FY 24Page 12 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-S.REMUS03/31/24 02 TRAINING-IHRIG** COMMENT **03 FOAM PARTY ALL STARS-JUNE 6 79-000-14-00-1400100.0004 BEACH PARTY** COMMENT **05 ILLINOIS SAFETY-CPR79-795-54-00-541255.0006 TRAINING-BARBANENTE** COMMENT **07 ILLINOIS SAFETY-CPR79-795-54-00-541255.0008 TRAINING-LOECHL** COMMENT **09 ILLINOIS SAFETY-CPR79-795-54-00-541255.0010 TRAINING-SOMMERFIELD** COMMENT **11 DUNKIN-ST PAT VOLUNTEER DONUTS 79-795-56-00-560661.0712 TARGET-BULLSEYES79-795-56-00-560636.0013 JEWEL-ST PATS BALLOONS79-795-56-00-560619.9814 TARGET-WATER79-795-56-00-560612.00INVOICE TOTAL:449.05 *042524-S.SENDRA 03/31/24 01 AMAZON-PRESCHOOL CURRICULUM 79-795-56-00-560649.3002 SUPPLIES** COMMENT **03 AMAZON-PRESCHOOL CURRICULUM 79-795-56-00-5606110.7704 SUPPLIES** COMMENT **05 DOLLAR TREE-POMPOMS79-795-56-00-56066.2506 AMAZON-CONSTRUCTION PAPER79-795-56-00-560619.5207 AMAZON-KEY RINGS, SHRINKY79-795-56-00-560676.7908 DINKS, BALLOONS, RUBBER BANDS ** COMMENT **09 AMAZON-PAINTS, POMPOMS, FELT 79-795-56-00-560681.9410 BEES** COMMENT **11 WALMART-PARCHMENT PAPER, BAGS 79-795-56-00-560628.7612 ILLINOIS SAFETY-CPR79-795-54-00-541255.0013 CERTIFICATION** COMMENT **INVOICE TOTAL:428.33 *042524-S.SLEEZER 03/31/24 01 R&P CARRIAGES-TRAILER PARTS 79-790-56-00-5640170.9702 CONSERV FS-TURF, CHALK79-790-56-00-564612,156.0003 GROUND EFFECTS-PLAYMAT79-790-56-00-56401,624.0004 RUSSO-KOMBI MOTOR, CULTIVATOR, 79-790-56-00-56301,352.0005 POWER SWEEP ATTACHMENT,** COMMENT **06 BACKPACK BLOWER** COMMENT **07 GROUND EFFECTS-BOULDERS79-790-56-00-56405.29INVOICE TOTAL:15,308.26 *042524-S.STROUP 03/31/24 01 FBI LEEDA-MEMBERSHIP RENEWAL 01-210-54-00-546050.0002 AURORA UNIVERSITY-SPRING 2024 01-210-54-00-54101,206.0003 TUITION** COMMENT **INVOICE TOTAL:1,256.00 *042524-T.EVANS03/31/24 01 ARC-CPR TRAINING-EVANS79-795-54-00-541237.00INVOICE TOTAL:37.00 *FY 24Page 13 of 58 DATE: 04/17/24UNITED CITY OF YORKVILLETIME: 12:26:10MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900145 FNBO FIRST NATIONAL BANK OMAHA 04/25/24042524-T.HOULE03/31/24 01 BDK DOOR-REPAIR BROKEN SPRING79-790-54-00-5495497.0002 BDK DOOR-REPAIR BROKEN SPRING 79-790-54-00-54952,425.0003 MENARDS#032224-MASONARY SEAL, 79-790-56-00-562041.0304 WIRE PLUG, SYRINGE** COMMENT **05 MENARDS#032224-WINDING BARS 79-790-56-00-563016.7406 FLATSOS#30750-VALVE STEM79-790-54-00-549520.0007 NSCD-ROLLER, HINGES79-790-56-00-5620387.4808 NAPA#361449-ROCKER79-790-56-00-56405.0109 NAPA#361501-ROCKER79-790-56-00-56405.0110 AMAZON-ROUNDUP79-790-56-00-56402,349.7511 NAPA#361843-HOOD LIFT SUPPORT 79-790-56-00-564050.0612 AMAZON-PICK UP TOOL79-790-56-00-5630111.2013 AMAZON-REACHER79-790-56-00-563088.6214 AMAZON-WINDING BAR TOOL79-790-56-00-563048.74INVOICE TOTAL:6,045.64 *042524-T.MILSCHEWSKI 03/31/24 01 MENARDS#032624-DUCT CAP24-216-56-00-56566.9902 MENARDS#032524-CABLE TIES,TAPE 24-216-56-00-565620.7703 MENARDS#031524-PRIMER,24-216-56-00-565613.9804 STRIPPING DISC** COMMENT **05 MENARDS#030624-LADDER24-216-56-00-5656139.0006 MENARDS#030624-REBATES USED 24-216-56-00-5656-91.2307 MENARDS#030624-CRIMPER,24-216-56-00-565637.9708 REDUCERS** COMMENT **09 MENARDS#032024-COARSE SALT24-216-56-00-565655.9210 HOME DEPO-DOOR SWEEP24-216-56-00-565632.7911 MENARDS#030624-RETURN CRIMPER 24-216-56-00-5656-24.9912 MENARDS#030524-PIPE, HOLE SAW 24-216-56-00-565671.0613 MENARDS#022924-SPRAY HEAD24-216-56-00-565612.9914 MENARDS#022724-VINEGAR, BAKING 24-216-56-00-565615.2615 SODA** COMMENT **INVOICE TOTAL:290.51 *042524-T.SCOTT03/31/24 01 MENARDS#031424-WASHERS79-790-56-00-564026.3002 MENARDS#031324-CONCRETE MIX 79-790-56-00-5620985.6003 FUNKS-BACKING PLATE79-790-56-00-564067.95INVOICE TOTAL:1,079.85 *CHECK TOTAL:129,193.21TOTAL AMOUNT PAID:129,193.21FY 24Page 14 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540417 AACVB AURORA AREA CONVENTION03/24-HAMPTON 04/25/24 01 MAR 2024 HAMPTON INN HOTEL TAX 01-640-54-00-5481 2,863.68INVOICE TOTAL: 2,863.68 *03/24-SUNSET 04/22/24 01 MAR 2024 SUNSET HOTEL TAX 01-640-54-00-5481 8.10INVOICE TOTAL: 8.10 *03/24-SUPER-2 04/30/24 01 MAR 2024 SUPER 8 HOTEL TAX 01-640-54-00-5481 945.0002 FROM NEW OWNERS ** COMMENT **INVOICE TOTAL: 945.00 *CHECK TOTAL: 3,816.78 540418 ABATIX ABATIX CORP3888792 04/29/24 01 FULL BODY HARNESS 51-510-56-00-5638 318.63INVOICE TOTAL: 318.63 *CHECK TOTAL: 318.63 540419 ADVAAUTO ADVANCED AUTOMATION & CONTROLS24-4461 04/30/24 01 REPLACED BATTERY AT KENNEDY 51-510-54-00-5445 240.0002 STATION ** COMMENT **INVOICE TOTAL: 240.00 *CHECK TOTAL: 240.00 540420 ADVDROOF ADVANCED ROOFING INC.2142 04/18/24 01 REPLACED WIND DAMAGED SHINGLES 24-216-54-00-5446 547.31INVOICE TOTAL: 547.31 *CHECK TOTAL: 547.31 540421 ALLSTAR ALL STAR SPORTS INSTRUCTIONFY 24Page 15 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540421 ALLSTAR ALL STAR SPORTS INSTRUCTION243006 04/22/24 01 SPRING 2024 SPORTS INSTRUCTION 79-795-54-00-5462 3,975.00INVOICE TOTAL: 3,975.00 *CHECK TOTAL: 3,975.00 540422 ALTORFER ALTORFER INDUSTRIES, INCP6AC0097689 04/02/24 01 FREIGHT CHARGES 52-520-56-00-5628 18.75INVOICE TOTAL: 18.75 *P6AC0098648 04/15/24 01 HOSE BOTTOM 01-410-56-00-5628 32.64INVOICE TOTAL: 32.64 *CHECK TOTAL: 51.39 540423 ANDERSJA JARED ANDERSON050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00 540424 ASHMOREE EARL ASHMORE042324 04/23/24 01 REFEREE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *CHECK TOTAL: 100.00 540425 ATLAS ATLAS BOBCATBW7473 04/13/24 01 RELIEF CHECK VALVE 01-410-56-00-5628 285.91INVOICE TOTAL: 285.91 *CHECK TOTAL: 285.91FY 24Page 16 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540426 AURORA CITY OF AURORA228013 04/17/24 01 MARCH WATER PRODUCTION TESTS 51-510-54-00-5429 175.00INVOICE TOTAL: 175.00 *CHECK TOTAL: 175.00 540427 BEHLANDJ JORI BEHLAND040524-TRVL 04/26/24 01 MUNICIPAL CLERKS OF ILLINOIS 01-110-54-00-5415 181.4402 SPRING SEMINAR TRAVEL ** COMMENT **03 REIMBURSEMENTS AND MEAL PER ** COMMENT **04 DIEMS ** COMMENT **INVOICE TOTAL: 181.44 *050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *MCI MBRSHP 04/25/24 01 REIMBURSEMENT FOR MUNICIPAL 01-110-54-00-5460 65.0002 CLERK OF ILLINOIS MEMBERSHIP ** COMMENT **INVOICE TOTAL: 65.00 *SEMINAR FEE 04/25/24 01 MUNICIPAL CLERKS OF ILLINOIS 01-110-54-00-5412 45.0002 SPRING SEMINAR REGISTRATION ** COMMENT **03 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 336.44 540428 BEYERD DWAYNE F BEYER041824 04/18/24 01 UMPIRE 79-795-54-00-5462 126.00INVOICE TOTAL: 126.00 *CHECK TOTAL: 126.00FY 24Page 17 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540429 BFCONSTR B&F CONSTRUCTION CODE SERVICES19196 04/29/24 01 MARCH 2024 INSPECTIONS 01-220-54-00-5459 4,080.00INVOICE TOTAL: 4,080.00 *CHECK TOTAL: 4,080.00D003395 BLYSTONB BOBBIE BLYSTONE050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540430 BRISBOND DANA XAVIER BRISBON041324 04/13/24 01 REFEREE 79-795-54-00-5462 300.00INVOICE TOTAL: 300.00 *042024 04/20/24 01 REFEREE 79-795-54-00-5462 350.00INVOICE TOTAL: 350.00 *042324 04/23/24 01 REFEREE 79-795-54-00-5462 150.00INVOICE TOTAL: 150.00 *042524 04/25/24 01 REFEREE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *CHECK TOTAL: 900.00D003396 BROWND DAVID BROWN050124 05/01/24 01 APR 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 24Page 18 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540431 CALHOUNC CAMDEN CALHOUN04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00 540432 CALLONE PEERLESS NETWORK, INC37510-NORTEL 11/15/23 01 11/15-12/14 CITY HALL NORTEL 51-510-54-00-5440 1,038.3502 11/15-12/14 CITY HALL NORTEL 01-110-54-00-5440 2,076.70INVOICE TOTAL: 3,115.05 *48839 04/15/24 01 04/15-05/14 ADMIN LINES 01-110-54-00-5440 234.8602 04/15-05/14 PD LINES 01-210-54-00-5440 218.5003 04/15-05/14 PW LINES 51-510-54-00-5440 5,529.9904 04/15-05/14 CITY HALL NORTELL 01-110-54-00-5440 21.0805 04/15-05/14 CITY HALL NORTELL 51-510-54-00-5440 21.0806 04/15-05/14 CITY HALL NORTELL 01-110-54-00-5440 21.0807 04/15-05/14 SEWER DEPT LINES 52-520-54-00-5440 252.4008 04/15-05/14 RECREATION LINES 79-795-54-00-5440 248.0809 04/15-05/14 TRAFFIC SIGNAL 01-410-54-00-5435 66.6410 MAINTENANCE ** COMMENT **INVOICE TOTAL: 6,613.71 *CHECK TOTAL: 9,728.76 540433 CARUSOC CALI CARUSO041024-PER DIEM 04/10/24 01 BENEATH THE BODY ARMOR 01-210-54-00-5415 15.0002 TRAINING MEAL PER DIEM ** COMMENT **INVOICE TOTAL: 15.00 *CHECK TOTAL: 15.00 540434 CENTRALL CENTRAL LIMESTONE COMPANY, INCFY 24Page 19 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540434 CENTRALL CENTRAL LIMESTONE COMPANY, INC37326 04/08/24 01 GRAVEL 51-510-56-00-5640 65.04INVOICE TOTAL: 65.04 *CHECK TOTAL: 65.04 540435 COMED COMMONWEALTH EDISON1709169000-0324 04/03/24 01 03/06-04/03 RT34 & AUTUMN CRK 23-230-54-00-5482 259.45INVOICE TOTAL: 259.45 *1870344000-0324 04/03/24 01 03/06-04/03 105 COUNTRYSIDE PK 79-795-54-00-5480 30.67INVOICE TOTAL: 30.67 *2536492222-0324 04/05/24 01 03/06-04/03 46 SARAVANOS PUMP 52-520-54-00-5480 270.10INVOICE TOTAL: 270.10 *8273737000-0324 04/04/24 01 03/07-04/04 104 E VAN EMMON 01-110-54-00-5480 391.93INVOICE TOTAL: 391.93 *CHECK TOTAL: 952.15D003397 CONARDR RYAN CONARD050124 05/01/24 01 APR 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003398 CONFORTM MASON CONFORTI04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 215.00INVOICE TOTAL: 215.00 *DIRECT DEPOSIT TOTAL: 215.00FY 24Page 20 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540436 COREMAIN CORE & MAIN LPU504943 03/08/24 01 50 BACKBLOW METERS 51-510-56-00-5664 6,940.00INVOICE TOTAL: 6,940.00 *U649228 04/03/24 01 RECHARGABLE BATTERY 51-510-56-00-5664 387.92INVOICE TOTAL: 387.92 *U698189 04/12/24 01 BACKFLOW METERS, COUPLING 51-510-56-00-5664 8,249.44INVOICE TOTAL: 8,249.44 *CHECK TOTAL: 15,577.36D003399 CULLENT TREVOR CULLEN04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 125.00INVOICE TOTAL: 125.00 *DIRECT DEPOSIT TOTAL: 125.00D003400 DHUSEE DHUSE, ERIC041624 04/16/24 01 WATERCON LAKE MICHIGAN 51-510-54-00-5415 154.0602 PRESERVATION MEETING MILEAGE ** COMMENT **03 AND PARKING REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 154.06 *050124 05/01/24 01 APR 2024 MOBILE EMAIL 51-510-54-00-5440 15.0002 REIMBURSEMENT ** COMMENT **03 APR 2024 MOBILE EMAIL 01-410-54-00-5440 15.0004 REIMBURSEMENT ** COMMENT **05 APR 2024 MOBILE EMAIL 52-520-54-00-5440 15.0006 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 199.06FY 24Page 21 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540437 DIRENRGY DIRECT ENERGY BUSINESS1704705-241020054124 04/11/24 01 03/04-03/31 KENNEDY & MCHUGH 23-230-54-00-5482 111.10INVOICE TOTAL: 111.10 *1704707-240930054048 04/02/24 01 02/22-03/21 KENNEDY & RT47 23-230-54-00-5482 1,478.95INVOICE TOTAL: 1,478.95 *1704708-241060054145 04/15/24 01 03/05-04/01 1850 MARKETVIEW 23-230-54-00-5482 98.88INVOICE TOTAL: 98.88 *1704709-241070054155 04/16/24 01 03/05-04/01 7 COUNTRYSIDE PKWY 23-230-54-00-5482 168.75INVOICE TOTAL: 168.75 *1704710-241020054124 04/11/24 01 03/04-03/31 VAN EMMON LOT 23-230-54-00-5482 17.93INVOICE TOTAL: 17.93 *1704712-240930054048 04/02/24 01 02/22-03/21 421 POPLAR 23-230-54-00-5482 6,750.63INVOICE TOTAL: 6,750.63 *1704712-241200054246 04/29/24 01 03/21-04/19 421 POPLAR 23-230-54-00-5482 6,480.74INVOICE TOTAL: 6,480.74 *1704714-241070054155 04/16/24 01 03/05-04/1 MCHUGH ROAD 23-230-54-00-5482 107.75INVOICE TOTAL: 107.75 *1704716-270700541555 04/16/24 01 03/05-04/02 1 COUNTRYSIDE PKWY 23-230-54-00-5482 213.75INVOICE TOTAL: 213.75 *1704717-240940054057 04/03/24 01 02/12-03/21 ROSENWINKLE & RT47 23-230-54-00-5482 67.15INVOICE TOTAL: 67.15 *1704717-241170054237 04/26/24 01 03/22-04/15 RT47 & ROSENWINKLE 23-230-54-00-5482 43.32INVOICE TOTAL: 43.32 *1704718-241100054184 04/19/24 01 03/11-04/09 RT34 & CANNONBALL 23-230-54-00-5482 21.18INVOICE TOTAL: 21.18 *FY 24Page 22 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540437 DIRENRGY DIRECT ENERGY BUSINESS1704719-240990054090 04/08/24 01 02/29-03/28 SUNSET & LEASURE 23-230-54-00-5482 2,604.92INVOICE TOTAL: 2,604.92 *1704721-241070054155 04/16/24 01 03/05-04/1 610 TOWER WELLS 51-510-54-00-5480 9,164.92INVOICE TOTAL: 9,164.92 *1704722-241030054134 04/12/24 01 03/04-03/31 2921 BRISTOL RDG 51-510-54-00-5480 6,043.70INVOICE TOTAL: 6,043.70 *1704723-241060054145 04/15/24 01 03/04-03/31 2224 TREMONT 51-510-54-00-5480 8,369.12INVOICE TOTAL: 8,369.12 *1704724-241010054109 04/10/24 01 02/22-03/26 3299 LEHMAN CR 51-510-54-00-5480 9,123.20INVOICE TOTAL: 9,123.20 *170715-2409300540485 04/02/24 01 2/22-3/21 998 WHITE PLAINS 23-230-54-00-5482 9.67INVOICE TOTAL: 9.67 *CHECK TOTAL: 50,875.66D003401 DLK DLK, LLC276 04/30/24 01 APR 2024 ECONOMIC DEVELOPMENT 01-640-54-00-5486 9,750.0002 HOURS ** COMMENT **INVOICE TOTAL: 9,750.00 *DIRECT DEPOSIT TOTAL: 9,750.00 540438 DONOVANM MICHAEL DONOVAN050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00FY 24Page 23 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540439 EARTHMVR EARTHMOVER CREDIT UNION041524 04/15/24 01 DOCUMENT SHREDDING 01-210-56-00-5650 675.00INVOICE TOTAL: 675.00 *CHECK TOTAL: 675.00 540440 ELENBAAJ JOHN ELENBAAS042724 04/27/24 01 REFEREE 79-795-54-00-5462 250.00INVOICE TOTAL: 250.00 *CHECK TOTAL: 250.00 540441 ENCODE ENCODE PLUS, LLC2655 04/17/24 01 ANNUAL SOFTWARE LICENSING 01-220-54-00-5462 5,250.00INVOICE TOTAL: 5,250.00 *CHECK TOTAL: 5,250.00D003402 EVANST TIM EVANS050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 22.5002 REIMBURSEMENT ** COMMENT **03 APR 2024 MOBILE EMAIL 79-795-54-00-5440 22.5004 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540442 EVINST W. THOMAS EVINS042424 04/24/24 01 REFEREE 79-795-54-00-5462 100.00INVOICE TOTAL: 100.00 *CHECK TOTAL: 100.00FY 24Page 24 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540443 FIRSTNET AT&T MOBILITY287313454005X0403202 03/25/24 01 02/26-03/25 MOBILE DEVICES 01-220-54-00-5440 42.1902 02/26-03/25 MOBILE DEVICES 51-510-54-00-5440 42.1903 02/26-03/25 MOBILE DEVICES 01-110-54-00-5440 66.9504 02/26-03/25 MOBILE DEVICES 01-210-54-00-5440 837.8505 02/26-03/25 MOBILE DEVICES 79-795-54-00-5440 42.19INVOICE TOTAL: 1,031.37 *CHECK TOTAL: 1,031.37 540444 FIRSTNET AT&T MOBILITY287313454207X0403202 03/25/24 01 02/26-03/25 MOBILE DEVICES 01-220-54-00-5440 253.1402 02/26-03/25 MOBILE DEVICES 79-790-54-00-5440 36.2403 02/26-03/25 MOBILE DEVICES 79-795-54-00-5440 156.8604 02/26-03/25 MOBILE DEVICES 51-510-54-00-5440 235.2905 02/26-03/25 MOBILE DEVICES 52-520-54-00-5440 72.48INVOICE TOTAL: 754.01 *CHECK TOTAL: 754.01 540445 FOXRIDGE FOX RIDGE STONE8442 04/06/24 01 GRAVEL 51-510-56-00-5640 130.00INVOICE TOTAL: 130.00 *CHECK TOTAL: 130.00D003403 FREDRICR ROB FREDRICKSON050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 24Page 25 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540446 FRNKMRSH FRANK MARSHALL91980 04/08/24 01 TROUBLESHOOT LIBRARY BOILER 82-820-54-00-5495 423.0002 ISSUES ** COMMENT **INVOICE TOTAL: 423.00 *CHECK TOTAL: 423.00 540447 FVFS FOX VALLEY FIRE & SAFETYIN00678907 04/18/24 01 610 TOWER HYDRO TESTING 51-510-54-00-5462 381.75INVOICE TOTAL: 381.75 *CHECK TOTAL: 381.75D003404 GALAUNEJ JAKE GALAUNER050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540448 GFOA GOVERNMENT FINANCE OFFICERS00017099 10/20/23 01 CERTIFICATE OF ACHIEVEMENT 01-120-54-00-5462 530.0002 REVIEW FEE FY2023 ** COMMENT **INVOICE TOTAL: 530.00 *CHECK TOTAL: 530.00 540449 GROOT GROOT INC12268591T102 04/01/24 01 MAR 2024 REFUSE SERVICE 01-540-54-00-5442 143,815.9702 MAR 2024 SENIOR REFUSE SERVICE 01-540-54-00-5441 3,984.22INVOICE TOTAL: 147,800.19 *CHECK TOTAL: 147,800.19FY 24Page 26 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540450 GROUND GROUND EFFECTS INC.492405-000 04/17/24 01 DIRT, STRAW BLANKET 51-510-56-00-5640 156.55INVOICE TOTAL: 156.55 *492409-000 04/17/24 01 DIRT 51-510-56-00-5640 120.00INVOICE TOTAL: 120.00 *492415-000 04/17/24 01 DIRT 51-510-56-00-5640 120.00INVOICE TOTAL: 120.00 *CHECK TOTAL: 396.55 540451 GSLSPORT BIG DAWG ATHLETICS LLC1 04/13/24 01 SPRING SOFTBALL LEAGUE FEE 79-795-54-00-5462 255.00INVOICE TOTAL: 255.00 *CHECK TOTAL: 255.00 540452 HARRIS HARRIS COMPUTER SYSTEMSMSIXT0000529 04/29/24 01 APR 2024 MYGOVHUB FEES 01-120-54-00-5462 103.3602 APR 2024 MYGOVHUB FEES 51-510-54-00-5462 155.0403 APR 2024 MYGOVHUB FEES 52-520-54-00-5462 45.60INVOICE TOTAL: 304.00 *CHECK TOTAL: 304.00D003405 HENNED DURK HENNE050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 24Page 27 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003406 HERNANDA ADAM HERNANDEZ050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003407 HERNANDN NOAH HERNANDEZ050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003408 HIXH HAROLD HIX04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 75.00INVOICE TOTAL: 75.00 *DIRECT DEPOSIT TOTAL: 75.00D003409 HORNERR RYAN HORNER050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003410 HOULEA ANTHONY HOULE050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 24Page 28 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540453 HUMBERSC CARTER HUMBERS04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00 540454 HUNTR RUSSEL J. HUNT041324 04/13/24 01 REFEREE 79-795-54-00-5462 250.00INVOICE TOTAL: 250.00 *CHECK TOTAL: 250.00 540455 IDNETWOR ID NETWORKS282074 03/01/24 01 LIVESCAN SERVICE MAINTENANCE 01-210-54-00-5462 1,995.0002 FEE ** COMMENT **INVOICE TOTAL: 1,995.00 *CHECK TOTAL: 1,995.00 540456 ILPD4778 ILLINOIS STATE POLICE20240304790 03/31/24 01 LIQUOR BACKGROUND CHECKS 01-110-54-00-5462 84.75INVOICE TOTAL: 84.75 *CHECK TOTAL: 84.75 540457 ILPD4811 ILLINOIS STATE POLICE033124-4811 03/31/24 01 MOBILE VENDOR BACKGROUND CHECK 01-110-54-00-5462 28.2502 SOLICITOR BACKGROUND CHECK 01-110-54-00-5462 28.2503 CLEANING BACKGROUND CHECK 01-110-54-00-5462 28.2504 BACKGROUND CHECKS 79-795-54-00-5462 1,553.75INVOICE TOTAL: 1,638.50 *CHECK TOTAL: 1,638.50FY 24Page 29 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540458 INGEMUNS INGEMUNSON LAW OFFICES LTD12151 04/01/24 01 3/4/24 ADMIN HEARING 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *12244 05/01/24 01 1/3/24 ADMIN HEARING 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *12245 05/01/24 01 4/1/24 ADMIN HEARING 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *CHECK TOTAL: 450.00 540459 INTERDEV INTERDEV, LLCLIC-1044249 04/30/24 01 APR 2024 ACTIVE STORAGE 01-640-54-00-5450 270.0002 LICENSING ** COMMENT **INVOICE TOTAL: 270.00 *MSP-1044247 04/30/24 01 APR 2024 MONTHLY IT BILLING 01-640-54-00-5450 18,298.00INVOICE TOTAL: 18,298.00 *SEC-1044275 04/30/24 01 APR 2024 DUO SECURITY BILLING 01-640-54-00-5450 1,240.54INVOICE TOTAL: 1,240.54 *CHECK TOTAL: 19,808.54D003411 JACKSONJ JAMIE JACKSON050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540460 JENKINSL LANDON JENKINSFY 24Page 30 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540460 JENKINSL LANDON JENKINS04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00 540461 JIMSTRCK JIM'S TRUCK INSPECTION LLC203043 04/12/24 01 TRUCK INSPECTION 01-410-54-00-5490 46.00INVOICE TOTAL: 46.00 *CHECK TOTAL: 46.00D003412 JOHNGEOR GEORGE JOHNSON050124 05/01/24 01 APR 2024 MOBILE EMAIL 51-510-54-00-5440 22.5002 REIMBURSEMENT ** COMMENT **03 APR 2024 MOBILE EMAIL 52-520-54-00-5440 22.5004 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540462 JULIE JULIE, INC.2024-1981-033124 03/31/24 01 JAN-MAR 2024 LOCATING ACTIVITY 51-510-54-00-5483 1,855.6402 JAN-MAR 2024 LOCATING ACTIVITY 52-520-54-00-5483 1,855.6403 JAN-MAR 2024 LOCATING ACTIVITY 01-410-54-00-5483 1,855.65INVOICE TOTAL: 5,566.93 *CHECK TOTAL: 5,566.93 540463 KANTORG GARY KANTOR041624 04/16/24 01 4/16/24 MAGIC CLASS 79-795-54-00-5462 49.50INVOICE TOTAL: 49.50 *CHECK TOTAL: 49.50FY 24Page 31 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540464 KENDTREA KENDALL COUNTY24-05 04/24/24 01 KAT 1ST BI-ANNUAL 01-640-54-00-5473 11,775.0002 CONTRIBUTION 2024 ** COMMENT **INVOICE TOTAL: 11,775.00 *CHECK TOTAL: 11,775.00D003413 KLEEFISG GLENN KLEEFISCH050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540465 KOCURJ JAXSON KOCUR04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 35.00INVOICE TOTAL: 35.00 *CHECK TOTAL: 35.00 540466 LANEMUCH LANER, MUCHIN, LTD664096 04/01/24 01 LEGAL SERVICES THROUGH 3/20/24 01-640-54-00-5463 900.00INVOICE TOTAL: 900.00 *CHECK TOTAL: 900.00 540467 LINDCO LINDCO EQUIPMENT SALES INC2106501-SWL 03/27/24 01 VIKING DUMP TRUCK 25-215-60-00-6070 113,063.00INVOICE TOTAL: 113,063.00 *CHECK TOTAL: 113,063.00FY 24Page 32 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24 UNITED CITY OF YORKVILLETIME: 08:39:49 PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540468 LINDCO LINDCO EQUIPMENT SALES INC240490P 04/09/24 01 PILLOWBLOCK BEARING 01-410-56-00-5628 72.56INVOICE TOTAL: 72.56 *CHECK TOTAL: 72.56 540469 LRS LRS, LLCP5594044 04/04/24 01 4/5-5/2 901 MILL PORTOLET 79-795-56-00-5620 92.0002 UPKEEP ** COMMENT **INVOICE TOTAL: 92.00 *CHECK TOTAL: 92.00 540470 MARCO MARCO TECHNOLOGIES LLC527964225 04/26/24 01 1/20-4/20 COPIER LEASE & USAGE 01-110-54-00-5485 532.8002 1/20-4/20 COPIER LEASE & USAGE 01-120-54-00-5485 532.7903 1/20-4/20 COPIER LEASE & USAGE 01-220-54-00-5485 740.3604 1/20-4/20 COPIER LEASE & USAGE 01-210-54-00-5485 868.5805 1/20-4/20 COPIER LEASE & USAGE 01-410-54-00-5485 60.8506 1/20-4/20 COPIER LEASE & USAGE 51-510-54-00-5485 60.8507 1/20-4/20 COPIER LEASE & USAGE 52-520-54-00-5485 60.8408 1/20-4/20 COPIER LEASE & USAGE 79-790-54-00-5485 165.7909 1/20-4/20 COPIER LEASE & USAGE 79-795-54-00-5485 436.25INVOICE TOTAL: 3,459.11 *CHECK TOTAL: 3,459.11D003414 MATSONA AIDAN MATSON04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 170.00INVOICE TOTAL: 170.00 *DIRECT DEPOSIT TOTAL: 170.00FY 24Page 33 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003415 MCGREGOM MATTHEW MCGREGORY050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540471 MEADE MEADE ELECTRIC COMPANY, INC.708012 03/14/24 01 TRAFFIC SIGNAL MONITORING 01-410-54-00-5435 8,921.0002 TESTING ** COMMENT **INVOICE TOTAL: 8,921.00 *708013 03/14/24 01 REPAIR TRAFFIC SIGNAL MONITORS 01-410-54-00-5435 135.40INVOICE TOTAL: 135.40 *708400 04/22/24 01 RT47 & SARAVANOS TRAFFIC 01-410-54-00-5435 635.1502 SIGNAL REPAIR ** COMMENT **INVOICE TOTAL: 635.15 *CHECK TOTAL: 9,691.55 540472 MEDCO MEDCO SUPPLY COMPANYIN97544878 04/22/24 01 COMMAND CENTER SUPPLIES 79-795-56-00-5606 196.71INVOICE TOTAL: 196.71 *IN97557848 04/25/24 01 DISPOSABLE RESUSCITATORS 79-795-56-00-5606 47.21INVOICE TOTAL: 47.21 *in97549412 04/23/24 01 COMMAND CENTER SUPPLIES 79-795-56-00-5606 242.61INVOICE TOTAL: 242.61 *CHECK TOTAL: 486.53D003416 MEIERJ JACKSON MEIERFY 24Page 34 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003416 MEIERJ JACKSON MEIER04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 80.00INVOICE TOTAL: 80.00 *DIRECT DEPOSIT TOTAL: 80.00 540473 METRONET METRO FIBERNET LLC1872272-041824 04/18/24 01 4/18-5/17 INTERNET @ 651 PP 01-110-54-00-5440 66.8702 4/18-5/17 INTERNET @ 651 PP 01-220-54-00-5440 76.4203 4/18-5/17 INTERNET @ 651 PP 01-120-54-00-5440 38.2104 4/18-5/17 INTERNET @ 651 PP 79-795-54-00-5440 76.4205 4/18-5/17 INTERNET @ 651 PP 01-210-54-00-5440 382.08INVOICE TOTAL: 640.00 *CHECK TOTAL: 640.00 540474 MIDAMTEC MID AMERICAN TECHNOLOGY, INC18020 04/29/24 01 RTK-PRO RECEIVER W/DATA PLAN 51-510-56-00-5630 2,983.3302 RTK-PRO RECEIVER W/DATA PLAN 52-520-56-00-5630 2,983.3303 RTK-PRO RECEIVER W/DATA PLAN 01-410-56-00-5630 2,983.34INVOICE TOTAL: 8,950.00 *CHECK TOTAL: 8,950.00 540475 MIDWSALT MIDWEST SALTP474010 04/19/24 01 BULK ROCK SALT 51-510-56-00-5638 3,141.16INVOICE TOTAL: 3,141.16 *P474062 04/24/24 01 BULK ROCK SALT 51-510-56-00-5638 3,177.53INVOICE TOTAL: 3,177.53 *CHECK TOTAL: 6,318.69FY 24Page 35 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003417 MILSCHET TED MILSCHEWSKI050124 05/01/24 01 APR 2024 MOBILE EMAIL 24-216-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540476 MONTRK MONROE TRUCK EQUIPMENT343201 04/23/24 01 CYLINDERS, PLOW LIGHT RELAY 01-410-56-00-5628 4,424.49INVOICE TOTAL: 4,424.49 *CHECK TOTAL: 4,424.49D003418 NAVARROJ JESUS NAVARRO050124 05/01/24 01 APR 2024 MOBILE EMAIL 24-216-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540477 NEOPOST QUADIENT FINANCE USA, INC042224-PR 04/22/24 01 POSTAGE MACHINE REFILL 79-000-14-00-1410 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00 540478 NICOR NICOR GAS00-41-22-8748 4-0424 05/01/24 01 04/01-05/01 1107 PRAIRIE LN 01-110-54-00-5480 47.68INVOICE TOTAL: 47.68 *15-64-61-3532 5-0424 05/01/24 01 04/01-05/01 1991 CANNONBALL TR 01-110-54-00-5480 46.57INVOICE TOTAL: 46.57 *FY 24Page 36 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540478 NICOR NICOR GAS16-00-27-3553 4-0324 04/10/24 01 03/12-04/10 1301 CAROLYN CT 01-110-54-00-5480 43.36INVOICE TOTAL: 43.36 *20-52-56-2042 1-0424 04/26/24 01 03/28-04/26 420 FAIRHAVEN 01-110-54-00-5480 138.87INVOICE TOTAL: 138.87 *31-61-67-2493 1-0324 04/09/24 01 03/11-04/09 276 WINDHAM CR 01-110-54-00-5480 43.36INVOICE TOTAL: 43.36 *45-12-25-4081 3-0324 04/10/24 01 03/11-04/09 201 W HYDRAULIC 01-110-54-00-5480 235.05INVOICE TOTAL: 235.05 *83-80-00-1000 7-0324 04/09/24 01 03/04-04/02 610 TOWER UNIT B 01-110-54-00-5480 141.98INVOICE TOTAL: 141.98 *95-16-10-1000 4-0324 04/12/24 01 03/14-04/10 1 RT47 01-110-54-00-5480 41.70INVOICE TOTAL: 41.70 *CHECK TOTAL: 738.57 540479 OTTOSEN OTTOSEN DINOLFO4996 02/29/24 01 FEB 2024 TIF I MATTERS 88-880-54-00-5462 92.00INVOICE TOTAL: 92.00 *5001 02/29/24 01 FEB 2024 GRAND RESERVE MATTERS 90-160-00-00-0011 115.00INVOICE TOTAL: 115.00 *5536 03/31/24 01 MAR 2024 MISC CITY MATTERS 01-640-54-00-5456 8,988.60INVOICE TOTAL: 8,988.60 *5537 03/31/24 01 MAR 2024 MEETINGS 01-640-54-00-5456 1,600.00INVOICE TOTAL: 1,600.00 *5538 03/31/24 01 MAR 2024 WESTBURY MATTERS 90-178-00-00-0011 1,069.50INVOICE TOTAL: 1,069.50 *FY 24Page 37 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540479 OTTOSEN OTTOSEN DINOLFO5539 03/31/24 01 MAR 2024 GREEN DOOR MATTERS 90-191-00-00-0011 42,872.00INVOICE TOTAL: 42,872.00 *CHECK TOTAL: 54,737.10 540480 PAETZOLS SAM PAETZOLD04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 195.00INVOICE TOTAL: 195.00 *CHECK TOTAL: 195.00 540481 PAISLEYS SAM PAISLEY042024 04/20/24 01 REFEREE 79-795-54-00-5462 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00 540482 PATTONS SHANE PATTON04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 225.00INVOICE TOTAL: 225.00 *CHECK TOTAL: 225.00 540483 PEPSI PEPSI-COLA GENERAL BOTTLE30038308 04/30/24 01 BEECHER CONCESSION DRINKS 79-795-56-00-5607 311.19INVOICE TOTAL: 311.19 *30832853 04/15/24 01 BRIDGE CONCESSION DRINKS 79-795-56-00-5607 913.19INVOICE TOTAL: 913.19 *30832856 04/15/24 01 BEECHER CONCESSION DRINKS 79-795-56-00-5607 973.05INVOICE TOTAL: 973.05 *CHECK TOTAL: 2,197.43FY 24Page 38 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540484 PIATKOWD DAVID PIATKOWSKI04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 240.00INVOICE TOTAL: 240.00 *CHECK TOTAL: 240.00D003419 PIAZZA AMY SIMMONS050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540485 PRINTSRC LAMBERT PRINT SOURCE, LLC3959 04/10/24 01 UMPIRE SHIRTS 79-795-56-00-5606 972.00INVOICE TOTAL: 972.00 *CHECK TOTAL: 972.00 540486 PURCELLJ JOHN PURCELL050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00 540487 R0001975 RYAN HOMES20240352 RFND 04/30/24 01 PERMIT 20240352 RFND 01-000-42-00-4210 2,596.6002 PERMIT 20240352 RFND 51-000-44-00-4430 550.0003 PERMIT 20240352 RFND 52-000-44-00-4455 500.0004 PERMIT 20240352 RFND 25-000-42-00-4208 25.00FY 24Page 39 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540487 R0001975 RYAN HOMES20240352 RFND 04/30/24 05 PERMIT 20240352 RFND 84-000-42-00-4214 500.0006 PERMIT 20240352 RFND 25-000-42-00-4220 50.0007 PERMIT 20240352 RFND 25-000-42-00-4218 100.0008 PERMIT 20240352 RFND 95-000-24-00-2452 182.7009 PERMIT 20240352 RFND 23-000-42-00-4222 2,000.00INVOICE TOTAL: 6,504.30 *CHECK TOTAL: 6,504.30 540488 R0002644 VAULT PUB LLC042524-LQR RFND 04/25/24 01 LIQUOR LICENSE OVERPAYMENT 01-000-42-00-4200 300.0002 REFUND ** COMMENT **INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00D003420 RATOSP PETE RATOS050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-220-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003421 REDMONST STEVE REDMON050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540489 RESOMANA RESOURCE MANAGEMENT ASSOCIATESFY 24Page 40 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540489 RESOMANA RESOURCE MANAGEMENT ASSOCIATES24041 04/22/24 01 POLICE SERGEANT EXAM 01-210-54-00-5411 8,037.50INVOICE TOTAL: 8,037.50 *CHECK TOTAL: 8,037.50 540490 RIETZR ROBERT L. RIETZ JR.042524 04/25/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *CHECK TOTAL: 168.00D003422 ROSBOROS SHAY REMUS050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003423 SCHOUD DECLAN SCHOU04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 90.00INVOICE TOTAL: 90.00 *DIRECT DEPOSIT TOTAL: 90.00 540491 SCIENTEL SCIENTEL SOLUTIONS LLC007702 04/19/24 01 YORKVILLE PROX CARDS 24-216-56-00-5656 657.00INVOICE TOTAL: 657.00 *CHECK TOTAL: 657.00D003424 SCODROP PETER SCODROFY 24Page 41 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003424 SCODROP PETER SCODRO050124 05/01/24 01 APR 2024 MOBILE EMAIL 51-510-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003425 SCOTTTR TREVOR SCOTT050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003426 SENDRAS SAMANTHA SENDRA050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-795-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003427 SENGM MATT SENG050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003428 SLEEZERJ JOHN SLEEZER050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00FY 24Page 42 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003429 SLEEZERS SCOTT SLEEZER050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003430 SMITHD DOUG SMITH050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540492 STANDARD STANDARD & ASSOCIATES, INC.SA000057565 04/10/24 01 2024 POLICE OFFICER 01-210-54-00-5411 135.0002 APPLICATION POROCESS ** COMMENT **INVOICE TOTAL: 135.00 *CHECK TOTAL: 135.00D003431 STEFFANG GEORGE A STEFFENS050124 05/01/24 01 APR 2024 MOBILE EMAIL 52-520-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003432 STRIKEK KNOX STRIKE04/22-04/27 04/30/24 01 UMPIRE 79-795-54-00-5462 110.00INVOICE TOTAL: 110.00 *DIRECT DEPOSIT TOTAL: 110.00FY 24Page 43 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540493 STRYPES STRYPES PLUS MORE INC.17522 04/15/24 01 INSTALL STRIPING & LETTERING 25-205-60-00-6070 1,925.00INVOICE TOTAL: 1,925.00 *CHECK TOTAL: 1,925.00 540494 TERRAPIN TARA EVANS102715-24 04/18/24 01 POND MAINTENANCE RENEWAL 12-112-54-00-5416 2,580.0002 CONTRACT ** COMMENT **INVOICE TOTAL: 2,580.00 *102716-24 04/18/24 01 POND MAINTENANCE RENEWAL FOR 24-216-54-00-5446 2,394.0002 GREENBRIAR ESTATES ** COMMENT **INVOICE TOTAL: 2,394.00 *CHECK TOTAL: 4,974.00D003433 THOMASL LORI THOMAS050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-120-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540495 TRCONTPR HIGH STAR TRAFFIC4485 04/05/24 01 STREET SIGNS 23-230-56-00-5619 329.50INVOICE TOTAL: 329.50 *4703 04/19/24 01 STREET SIGNS 23-230-56-00-5619 263.90INVOICE TOTAL: 263.90 *CHECK TOTAL: 593.40FY 24Page 44 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540496 TROTSKY TROTSKY INVESTIGATIVEYORKVILLE PD 24-01-B 04/23/24 01 POLYGRAPG EXAMINATIONS FOR 01-210-54-00-5411 530.0002 APPLICANTS ** COMMENT **INVOICE TOTAL: 530.00 *CHECK TOTAL: 530.00 540497 TRUGREEN TRUGREEN COMMERCIAL190284379 04/12/24 01 COUNTRYSIDE BLVD LAWN SERVICE 24-216-54-00-5446 332.00INVOICE TOTAL: 332.00 *190287970 04/12/24 01 CANNONBALL BOOSTER LAWN 51-510-54-00-5445 59.0002 SERVICE ** COMMENT **INVOICE TOTAL: 59.00 *190290075 04/12/24 01 BLACKBERRY NORTH LAWN SERVICE 52-520-54-00-5444 59.00INVOICE TOTAL: 59.00 *190292394 04/12/24 01 RIVERS EDGE LAWN SERVICE 52-520-54-00-5444 79.00INVOICE TOTAL: 79.00 *190296659 04/12/24 01 COUNTRYSIDE LIFT LAWN SERVICE 52-520-54-00-5444 142.00INVOICE TOTAL: 142.00 *190298040 04/12/24 01 PW STORAGE LAWN SERVICE 24-216-54-00-5446 89.00INVOICE TOTAL: 89.00 *190314396 04/12/24 01 LIBRARY LAWN SERVICE 24-216-54-00-5446 112.00INVOICE TOTAL: 112.00 *190333962 04/12/24 01 PRAIRIE CROSSING LAWN SERVICE 52-520-54-00-5444 59.00INVOICE TOTAL: 59.00 *CHECK TOTAL: 931.00FY 24Page 45 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540498 UNIMAX UNI-MAX MANAGEMENT CORP4904 04/30/24 01 APR 2024 OFFICE CLEANING @ 01-110-54-00-5488 342.1702 651 PP ** COMMENT **03 APR 2024 OFFICE CLEANING @ 01-120-54-00-5488 342.1704 651 PP ** COMMENT **05 APR 2024 OFFICE CLEANING @ 01-210-54-00-5488 982.7706 651 PP ** COMMENT **07 APR 2024 OFFICE CLEANING @ 79-795-54-00-5488 294.5508 651 PP ** COMMENT **09 APR 2024 OFFICE CLEANING @ 01-220-54-00-5488 188.3410 651 PP ** COMMENT **11 APR 2024 PW CLEANING 01-410-54-00-5488 144.3312 APR 2024 PW CLEANING 51-510-54-00-5488 144.3413 APR 2024 PW CLEANING 52-520-54-00-5488 144.3314 APR 2024 LIBRARY CLEANING 82-820-54-00-5488 1,950.0015 APR 2024 185 WOLF CLEANING 79-790-54-00-5488 216.0016 APR 2024 BEECHER CONCESSION 79-795-54-00-5488 212.0017 CLEANING ** COMMENT **18 APR 2024 BRIDGE CONCESSION 79-795-54-00-5488 212.0019 CLEANING ** COMMENT **20 APR 2024 HYDRAULIC BLDG 79-795-54-00-5488 108.0021 CLEANING ** COMMENT **22 APR 2024 PRESCHOOL CLEANING 79-795-54-00-5488 650.0023 APR 2024 VAN EMMON CLEANING 79-795-54-00-5488 216.00INVOICE TOTAL: 6,147.00 *CHECK TOTAL: 6,147.00 540499 VALLASB BRYAN VALLES-MATA050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *CHECK TOTAL: 45.00FY 24Page 46 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540500 VERMONT VERMONT SYSTEMSVS012268 04/19/24 01 RECTRAC CLOUD USAGE 79-795-54-00-5462 1,603.75INVOICE TOTAL: 1,603.75 *CHECK TOTAL: 1,603.75 540501 VOITIKM MICHAEL VOITIK041824 04/18/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *042524 04/25/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *CHECK TOTAL: 336.00 540502 VORTEX VORTEX TECHNOLOGIES6950 04/22/24 01 ONSITE COLLABORATION OF 3 51-510-54-00-5445 1,275.0002 IN FLUENT FLOW MONITORS ** COMMENT **INVOICE TOTAL: 1,275.00 *CHECK TOTAL: 1,275.00 540503 WASONG GERALD WASON041824 04/18/24 01 UMPIRE 79-795-54-00-5462 168.00INVOICE TOTAL: 168.00 *042524 04/25/24 01 UMPIRE 79-795-54-00-5462 126.00INVOICE TOTAL: 126.00 *CHECK TOTAL: 294.00 540504 WATERSER WATER SERVICES CO.FY 24Page 47 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540504 WATERSER WATER SERVICES CO.37616 04/18/24 01 METER TESTING 51-510-54-00-5445 900.00INVOICE TOTAL: 900.00 *CHECK TOTAL: 900.00D003434 WEBERR ROBERT WEBER050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-410-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540505 WERDERW WALLY WERDERICH050124-APR 2024 05/01/24 01 APR 2024 ADMIN HEARINGS 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *050124-DEC 2024 05/01/24 01 DEC 2023 ADMIN HEARINGS 01-210-54-00-5467 300.00INVOICE TOTAL: 300.00 *050124-FEB 2024 05/01/24 01 FEB 2024 ADMIN HEARINGS 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *050124-JAN 2024 05/01/24 01 JAN 2024 ADMIN HEARINGS 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *050124-MAR 2024 05/01/24 01 MAR 2024 ADMIN HEARINGS 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *CHECK TOTAL: 900.00 540506 WEX WEX BANK96873499 04/30/24 01 APR 2024 GASOLINE 01-210-56-00-5695 8,387.08FY 24Page 48 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540506 WEX WEX BANK96873499 04/30/24 02 APR 2024 CAR WASH 01-220-54-00-5462 12.0003 APR 2024 GASOLINE 01-220-56-00-5695 791.03INVOICE TOTAL: 9,190.11 *CHECK TOTAL: 9,190.11 540507 WILLMAN WILLMAN & GROESCH5052 04/29/24 01 EXTERIOR DOOR REPLACEMENTS 24-216-54-00-5446 4,241.00INVOICE TOTAL: 4,241.00 *CHECK TOTAL: 4,241.00D003435 WILLRETE ERIN WILLRETT050124 05/01/24 01 APR 2024 MOBILE EMAIL 01-110-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00D003436 WOLFB BRANDON WOLF050124 05/01/24 01 APR 2024 MOBILE EMAIL 79-790-54-00-5440 45.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 *DIRECT DEPOSIT TOTAL: 45.00 540508 YORKPRPC YORKVILLE PARK & REC042224 04/22/24 01 GOODWILL-PRESCHOOL TOYS 79-795-56-00-5606 16.23INVOICE TOTAL: 16.23 *CHECK TOTAL: 16.23FY 24Page 49 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 08:39:49UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR # INVOICE ITEMINVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 540509 YOUNGM MARLYS J. YOUNG040224-PK 04/18/24 01 04/02/24 PARK BOARD MINUTES 79-795-54-00-5462 42.5002 04/02/24 PARK BOARD MINUTES 79-790-54-00-5462 42.50INVOICE TOTAL: 85.00 *CHECK TOTAL: 85.00550,177.8412,299.06TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:562,476.90FY 24Page 50 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/06/24UNITED CITY OF YORKVILLETIME: 11:34:40CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/06/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540416 RIVRVIEW RIVERVIEW FORD, INC.04252404/25/24 01 NEW FORD F150 TRUCK25-225-60-00-607039,680.00INVOICE TOTAL:39,680.00 *CHECK TOTAL:39,680.00TOTAL AMOUNT PAID:39,680.00FY 25Page 51 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 09:08:50UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540511 606ENTER 606 ENTERTAINMENT GROUP LLC2024 MEM04/22/24 01 MARGARITAS EN MAYO BAND79-795-56-00-56062,400.00INVOICE TOTAL:2,400.00 *CHECK TOTAL:2,400.00540512 BALLET BALLET FOLKLORICO QUETZALCOATL2024 MEM04/22/24 01 2024 MARGARITA EN MAYO79-795-56-00-5606800.0002 PERFORMANCE** COMMENT **INVOICE TOTAL:800.00 *CHECK TOTAL:800.00540513 BCBSBLUE CROSS BLUE SHIELDF015083-MAY 202405/03/24 01 DEARBORN/BCBS EAP-MAY 2024 01-110-52-00-52226.3502 DEARBORN/BCBS EAP-MAY 2024 01-120-52-00-52224.9403 DEARBORN/BCBS EAP-MAY 2024 01-210-52-00-522250.7604 DEARBORN/BCBS EAP-MAY 2024 01-220-52-00-522211.6305 DEARBORN/BCBS EAP-MAY 2024 01-410-52-00-522210.6906 DEARBORN/BCBS EAP-MAY 2024 24-216-52-00-52222.8207 DEARBORN/BCBS EAP-MAY 2024 51-510-52-00-52229.2708 DEARBORN/BCBS EAP-MAY 2024 52-520-52-00-52224.3509 DEARBORN/BCBS EAP-MAY 2024 79-790-52-00-522213.4010 DEARBORN/BCBS EAP-MAY 2024 79-795-52-00-52229.8711 DEARBORN/BCBS EAP-MAY 2024 82-820-52-00-52227.05INVOICE TOTAL:131.13 *CHECK TOTAL:131.13540514 BEACHBUM BEACH BUM BAND INC2024 BEACH04/22/24 01 2024 BEACH PARTY BAND79-795-56-00-56062,200.00INVOICE TOTAL:2,200.00 *CHECK TOTAL:2,200.00FY 25Page 52 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 09:08:50UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540515 CIVICPLS CIVIC PLUS29587104/17/24 01 FULL SERVICE SUPLEMENTATION01-110-54-00-54513,307.2002 SUBSCRIPTION RENEWAL** COMMENT **03 4/2024-3/2025** COMMENT **INVOICE TOTAL:3,307.20 *CHECK TOTAL:3,307.20540516 DELAGE DLL FINANCIAL SERVICES INC8240962604/17/24 01 JUN 2024 MANAGED PRINT SERVICE 01-110-54-00-5485112.3302 JUN 2024 MANAGED PRINT SERVICE 01-120-54-00-548537.4403 JUN 2024 MANAGED PRINT SERVICE 01-210-54-00-5485112.3304 JUN 2024 MANAGED PRINT SERVICE 51-510-54-00-548550.1805 JUN 2024 MANAGED PRINT SERVICE 52-520-54-00-548512.3606 JUN 2024 MANAGED PRINT SERVICE 01-410-54-00-548512.36INVOICE TOTAL:337.00 *8246123804/20/24 01 5/14-6/14 COPIER LEASE82-820-54-00-5462805.71INVOICE TOTAL:805.71 *CHECK TOTAL:1,142.71540517 DRHCAMBR DR HORTON-MIDWEST20220921-2788 BERRYW 04/11/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20221220-2780 BERRYW 04/11/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20221221-2776 BERRYW 04/11/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20221222-2777 BERRYW 04/11/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:20,000.00FY 25Page 53 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 09:08:50UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540518 GLATFELT GLATFELTER UNDERWRITING SRVS.429955128-603/31/24 01 LIABILITY INS INSTALL #601-640-52-00-523116,138.9602 LIABILITY INS INSTALL #6-PR01-640-52-00-52313,355.6803 LIABILITY INS INSTALL #651-510-52-00-52311,779.6104 LIABILITY INS INSTALL #652-520-52-00-5231853.0705 LIABILITY INS INSTALL #682-820-52-00-52311,337.68INVOICE TOTAL:23,465.00 *CHECK TOTAL:23,465.00540519 IPRFILLINOIS PUBLIC RISK FUND9050704/15/24 01 JUN 2024 WORKER COMP INS01-640-52-00-523111,668.7602 JUN 2024 WORKER COMP INS-PR01-640-52-00-52312,373.7103 JUN 2024 WORKER COMP INS51-510-52-00-52311,106.5404 JUN 2024 WORKER COMP INS52-520-52-00-5231499.8305 JUN 2024 WORKER COMP INS82-820-52-00-5231943.16INVOICE TOTAL:16,592.00 *CHECK TOTAL:16,592.00540520 KCSHERIF KENDALL CO. SHERIFF'S OFFICEYORK202401/05/24 01 2024 RANGE USAGE FEE01-210-54-00-5460500.00INVOICE TOTAL:500.00 *CHECK TOTAL:500.00540521 R0001975 RYAN HOMES20231318-401 BISCAYN 04/29/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231319-4469 TAMPA 04/29/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *FY 25Page 54 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 09:08:50UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540521 R0001975 RYAN HOMES20231425-4449 TAMPA 04/29/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24157,500.00INVOICE TOTAL:7,500.00 *20231427-352 BISCAYN 04/29/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:22,500.00540522 R0002474 JASMINE WRIGHT041824-RFND04/18/24 01 REFUND OVERPAYMENT ON FINAL01-000-13-00-137148.0302 UB ACCT#0102610290-03** COMMENT **INVOICE TOTAL:48.03 *CHECK TOTAL:48.03540523 RISRECORD INFORMATION SYSTEMS INC5489004/15/24 01 KENDALL COUNTY DATABASE ACCESS 01-210-54-00-5462545.0002 RENEWAL** COMMENT **INVOICE TOTAL:545.00 *CHECK TOTAL:545.00540524 SUPERBEV SUPERIOR BEVERAGE CO.INC.64412105/03/24 01 MARGARITA EN MAYO LIQUOR ORDER 79-795-56-00-56061,523.40INVOICE TOTAL:1,523.40 *CHECK TOTAL:1,523.40540525 SUPERBEV SUPERIOR BEVERAGE CO.INC.64412505/01/24 01 BEACH PARTY LIQUOR ORDER79-795-56-00-56062,775.60INVOICE TOTAL:2,775.60 *CHECK TOTAL:2,775.60FY 25Page 55 of 58 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/07/24TIME: 09:08:50UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/14/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540526 TKELEVAT TK ELEVATOR CORPORATION300787340805/01/24 01 MAY 2024 ELEVATOR MAINTENANCE 82-820-54-00-5462578.82INVOICE TOTAL:578.82 *CHECK TOTAL:578.82540527 TRUENRTH TRUE NORTHINV-005305/01/24 01 ADJUDICATION SOFTWARE SUPPORT 01-210-54-00-54675,000.0002 AND MAINTENANCE** COMMENT **INVOICE TOTAL:5,000.00 *CHECK TOTAL:5,000.00D003437 YBSDYORKVILLE BRISTOL2024.00805/02/24 01 MAY 2024 LANDFILL EXPENSE 51-510-54-00-544524,455.73INVOICE TOTAL:24,455.73 *DIRECT DEPOSIT TOTAL:24,455.73540528 YORKPRPC YORKVILLE PARK & REC2024 MEM-CASH04/22/24 01 MARGARITAS EN MAYO BEER TENT 79-795-56-00-56065,000.0002 START UP CASH** COMMENT **INVOICE TOTAL:5,000.00 *CHECK TOTAL:5,000.00108,508.8924,455.73TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:132,964.62FY 25Page 56 of 58 REGULAR OVERTIME TOTAL IMRFFICA TOTALSMAYOR & LIQ. COM.1,583.34$ -$ 1,583.34$ -$ 121.13$ 1,704.47$ ALDERMAN5,916.64 - 5,916.64 - 452.68 6,369.32 ADMINISTRATION18,872.44 - 18,872.44 1,100.26 1,396.64 21,369.34 FINANCE14,229.78 - 14,229.78 829.60 1,053.58 16,112.96 POLICE132,855.66 2,106.79 134,962.45 368.52 10,013.87 145,344.84 COMMUNITY DEV.28,344.80 - 28,344.80 1,652.50 2,081.55 32,078.85 STREETS23,708.05 41.88 23,749.93 1,384.61 1,755.10 26,889.64 BUILDING & GROUNDS5,938.01 - 5,938.01 346.19 445.75 6,729.95 WATER17,782.37 868.47 18,650.84 1,087.35 1,360.79 21,098.98 SEWER10,141.70 - 10,141.70 591.26 741.34 11,474.30 PARKS29,818.10 - 29,818.10 1,692.68 2,202.90 33,713.68 RECREATION30,155.30 - 30,155.30 1,273.03 2,262.58 33,690.91 LIBRARY17,078.65 - 17,078.65 640.25 1,255.99 18,974.89 TOTALS336,424.84$ 3,017.14$ 339,441.98$ 10,966.25$ 25,143.90$ 375,552.13$ TOTAL PAYROLL375,552.13$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYApril 26, 2024Page 57 of 58 ACCOUNTS PAYABLE DATE FY 24 City MasterCard Bill Register - FY 24 (Pages 1 - 14)04/25/2024 129,193.21$ City Check Register - FY 24 (Pages 15 - 50)05/14/2024 562,476.90 SUB-TOTAL: 691,670.11$ FY 25 City Check Manual Register - FY 25 (Page 51)05/06/2024 39,680.00$ City Check Register - FY 25 (Pages 52 - 56)05/14/2024 132,964.62 SUB-TOTAL: $172,644.62 WIRE PAYMENTS Dearborn Insurance - May 2023 05/01/2024 2,403.56$ Blue Cross/ Blue Shield Insurance 04/30/2024 156,859.87 TOTAL PAYMENTS:$159,263.43 Bi - Weekly (Page 57)04/26/2024 375,552.13$ SUB-TOTAL: 375,552.13$ TOTAL DISBURSEMENTS:1,399,130.29$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, May 14, 2024 PAYROLL Page 58 of 58 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2024-34 Lake Michigan Water Supply Project Update (WaterLink) City Council – May 14, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Page 1 of 3 Summary Consideration of an intergovernmental agreement between Yorkville, Montgomery, and Oswego covering the cost shares for the Lake Michigan water supply project (WaterLink Project). Background The staff of the three WaterLink communities have been meeting with DuPage Water Commission (DWC) over the past several months to receive updates on route planning efforts and cost estimates of the project, per our phase I and phase II engineering agreements. In the past month, phase I engineering has been wrapping up and the DWC engineering team is moving into the phase II detailed design and land acquisition efforts. As a final work item of phase I engineering, the transmission main engineering team prepared updated, detailed cost estimates for the project. The previous transmission main cost estimates from our WaterLink engineering team in consultation with DWC were completed in 2021. At that time, the cost distribution was generally estimated at~$74m for Yorkville, ~$44m for Montgomery, and ~$43m for Oswego for a total cost of $162m for all three WaterLink communities. Since that time, DWC has developed a revised alignment from the original transmission main route (Exhibit A) to avoid areas with high vehicular traffic and utility conflicts, and generally to utilize areas that are publicly-owned or utility-owned. This new planned route (Exhibit B) accomplishes those tasks and should be a more efficient and cost-effective route as compared to the original transmission main route. The exact route location is still in flux, depending on easement acquisition efforts, and will remain confidential until it is finalized. It also should be noted that the construction industry has seen large inflationary increases in the last few years. For instance, the Engineering News Record (ENR) Construction Cost Memorandum To: Yorkville City Council, Montgomery Village Board, Oswego Village Board From: Bart Olson, Yorkville City Administrator; Jeff Zoephel, Montgomery Village Administrator; Dan Di Santo, Oswego Village Administrator CC: Date: April 30, 2024 Subject: Lake Michigan Water Supply Project Update (WaterLink) Page 2 of 3 Index (CCI) reached its recent annualized peak in March of 2022 at nearly 9%. The ENR CCI did not fall below 5% until January of 2023. While the ENR CCI has been averaging below 3% since the summer of last year, the high rate of inflation in 2021 and 2022 has significantly impacted the projected cost of the project. The new route is now estimated to cost $258m for the WaterLink Project. The increase from the $162m projected in 2021 and the $258m today can be explained through: 1) Construction Costs Estimates due to Inflation since 2021 ~30% or around ~$40m 2) Engineering Costs Estimates due to Inflation and added scope since 2021 $11m or 51% 3) Environmental Analyses and Commissioning Previously not estimated ~$9m 4) Property acquisition previously not estimated ~$17m 5) Construction and Engineering Estimates due to expected Inflation between 2024 and 2027 ~$20m The WaterLink Mayors and Administrators have been regularly meeting to discuss and agree to a framework for allocating the costs of construction of the WaterLink Project. Together, they have settled on a hybrid methodology that averages the percentages of 2050 maximum daily water demand for each community1 and the total water use of the entire distribution system relative to the use of each pipe segment or distance throughout the system. Total use of the system can be defined as “the percentage of maximum day demand in the year 2050 that each community is projected to use relative to each other?” Under this Use methodology the following percentages were agreed upon: Oswego 38.31%, Montgomery 26.08%, and Yorkville 35.6%. The use-based methodology, however, does not take into account the distance the water will travel from the DWC system endpoint in Naperville to each municipality. For Oswego and Montgomery, the distance is short but for Yorkville, it is much further. Therefore, it was important to address a distance-based methodology. This distance based-methodology allocates the cost of each pipe segment by use: if water will be transmitted and distributed to the three communities from a pipe segment, the cost is split equally three ways; if a pipe segment will transmit and distribute only to two communities, the cost will be split by two; if water is transmitted and distributed to only one community that community pays for 100% of the pipe segment. Under the distance methodology the following percentages were agreed upon: Oswego 32.41%, Montgomery 22.75%, and Yorkville 44.84%. Although we did look at a more nuanced approach of further tweaking the cost allocations for each pipe segment based on a pro-rata usage for each community, it quickly 1 2050 maximum day demand is the standard utilized by DWC when designing the size of transmission mains in the system. Page 3 of 3 became too complicated to calculate and the likelihood became high that each pipe segment would be used in the real world differently than our assumptions. For a final cost split calculation, we recommend averaging the two methodologies (use and distance) as follows: Methodology Oswego Montgomery Yorkville  Use 38.31% 26.08% 35.61%  Distance 32.41% 22.75% 44.84%  Average  (Recommendation) 35.36% 24.42% 40.22%  Current Proposed Cost  Distribution2 $92.3m $63.6m $102.3m  This average calculation considers that Oswego will likely have the greater population and therefore the heaviest water user of the system in 2050, with Yorkville the second heaviest user, and Montgomery using the least amount of water. The cost allocation also gives consideration to Montgomery for being the closest to the existing DWC system endpoint in Naperville, Oswego for being at the middle distance, and Yorkville being the farthest away. Recommendation The WaterLink Mayors and Administrators from Yorkville, Montgomery, and Oswego recommend that the cost allocation recommendation above (Oswego at 35.36%, Montgomery at 24.42%, and Yorkville at 40.22%) be used for all current and future shared Lake Michigan water supply engineering and construction costs. In general, this means that the phase II engineering agreements and corresponding intergovernmental agreements that covered escrow deposits for said work will be trued up between the WaterLink communities (as the previous split was 1/3 equal parts). In accordance with the recommendation, our shared water attorney Irene Caminer has drafted an intergovernmental agreement for our mutual consideration, and we recommend approval. The next shared City Council and Village Board votes on this project will occur in Summer / Fall 2024 when the WaterLink communities will consider a subsequent customer agreement to formally join the DuPage Water Commission and a construction funding agreement that will cover escrow deposits of construction costs as the project is expected to be bid out and constructed towards the middle of 2025 through 2027. Final commissioning of the system is not expected until early 2028, when the temperature of Lake Michigan water is closer to the temperature of the well water and is less likely to cause issues with internal systems. Attachments 1. Exhibit A (original route map) 2. Exhibit B (new planned route map) 3. Resolution and IGA w/ Exhibits 2 The cost distribution percentages take into account the Metering Station costs for Yorkville and Montgomery’s two (2) metering stations at $3.78M for each community, as well as Oswego’s Metering Station costs of $5.67M for their three (3) metering stations. DuPage Water Commission Transmission Main Route EXHIBIT A – ORIGINAL Route Map DRAFT - April 2024 MONTGOMERY ORIGINAL DWC Transmission Main Route = OSWEGO YORKVILLE DuPage Water Commission Transmission Main Route EXHIBIT B – NEW Planned Route Map DRAFT - April 2024 NEW DWC Transmission Main Route = MONTGOMERY OSWEGO YORKVILLE Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE SHARING OF COSTS AND FUNDING FOR THE CONSTRUCTION OF FACILITIES TO TRANSPORT LAKE MICHIGAN WATER TO THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois, the Village of Oswego and the Village of Montgomery are duly organized units of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution (collectively, the “Municipalities”); and WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges, functions, or authority exercised, or which may be exercised by a public agency may be exercised, combined, transferred, and enjoyed jointly with another public agency; and WHEREAS, in December of 2021, following public comment, the corporate authorities of the Municipalities each approved the joint pursuit of Lake Michigan water supply from the DuPage Water Commission (the “DWC”); and WHEREAS, after good faith negotiation and careful consideration and deliberation, the Municipalities desire to enter into an Intergovernmental Agreement to share in the costs of financing the design, land acquisition, permitting, and construction of the infrastructure needed for the transmission of Lake Michigan water from the DWC to the Municipalities. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. That the Intergovernmental Agreement between the Municipalities, attached hereto as Exhibit “1”, is hereby approved and its execution is hereby authorized. Resolution No. 2024-____ Page 2 Section 3. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution shall be, and the same hereby repealed to the extent of the conflict. Section 4. This Resolution and every provision thereof shall be considered severable. If any section, paragraph, clause or provision of this Resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this Resolution. Section 5. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE SHARING OF COSTS AND FUNDING FOR THE CONSTRUCTION OF FACILITIES TO TRANSPORT LAKE MICHIGAN WATER TO THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) by and among 1) the Village of Oswego, Kendall and Will Counties, Illinois (“Oswego”) a home rule municipal corporation of the State of Illinois, 2) the United City of Yorkville, Kendall County, Illinois (“Yorkville”) a non-home rule municipal corporation of the State of Illinois, and 3) the Village of Montgomery, Kane and Kendall Counties, Illinois (“Montgomery”), a non-home rule municipal corporation of the State of Illinois, (individually the “Municipality”, collectively, the Municipalities) entered into this ______ day of _________________, 2024, provides for sharing of the costs for the goods and services related to the construction of facilities to transport Lake Michigan Water to the Municipalities and to jointly select and approve architects, engineers, consultants, professional service providers, financial advisors, real estate advisors and consultants, construction and trades, and other related firms (“Vendors”) to design, acquire land, permit, and construct the infrastructure needed for the transmission of Lake Michigan water from the DuPage Water Commission to the Municipalities (“Facilities”) and other related costs, including, but not limited to loans and other financing options. In addition, this Agreement provides for the sharing of grants, loan forgiveness, or other financial benefits the Municipalities receive individually or collectively in the furtherance of the design and construction of the Facilities as agreed to by the Municipalities. RECITALS WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share goods and services and to exercise, combine, or transfer any power or function in 2 any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Municipalities are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges, functions, or authority exercised, or which may be exercised by a public agency may be exercised, combined, transferred, and enjoyed jointly with another public agency; and WHEREAS, the Municipalities studied available alternative water sources (“Study” or “Studies”) based upon population growth and water demand projections; and WHEREAS, each Municipality’s Study concluded that to minimize costs and for the mutual benefit of each municipality and the region it is mutually beneficial for the Municipalities to work together to obtain Lake Michigan water from the DuPage Water Commission ("DWC”); and WHEREAS, each Municipality’s Study considered the full water demand or needs when the three Municipalities are fully developed and upon each Municipality’s evaluation to meet the 2050 water demands of Montgomery, Oswego, and Yorkville. Further, the alternative water sources were inclusive of the improvements and facilities required to meet 2050 water demands; and WHEREAS, in December of 2021, following public comment, the corporate authority of each Municipality approved the joint pursuit of Lake Michigan water supply from the DWC; and 3 WHEREAS, the Municipalities have each obtained an Illinois Department of Natural Resources (“IDNR”) Lake Michigan Water Allocation Permit; and WHEREAS, the Illinois General Assembly passed legislation amending the 1985 Water Supply Act, authorizing a 7th District to the DuPage Water Commission; and WHEREAS, the Municipalities have obtained federal grant monies to conduct a corrosion control study; and WHEREAS, the Municipalities continue to seek opportunities individually and collectively for additional federal, state, and local grant monies; and WHEREAS, the DWC is finalizing the route for the pipeline from the DuPage Water Commission for the transmission of Lake Michigan water (“Facilities”) Facilities as described in Exhibit 1, incorporated herein by reference; and WHEREAS, the Municipalities are engaged in negotiations with the DWC for the cost of construction; and WHEREAS, the Municipalities are engaged in negotiations with the DWC for long-term water supply agreements, including their role as members of District Seven; and WHEREAS, the Municipalities have previously entered into two escrow agreements with the DWC for the initiation of engineering design services while the Municipalities finalized this Agreement; and WHEREAS, the first escrow agreement entered into in 2023 provided for the cost-sharing to be equally divided among the three Municipalities; and WHEREAS, according to the March 2024 escrow agreement, the Municipalities agreed to recalculate and reallocate the costs based on the percentages identified in Exhibit 2 after the execution of this Agreement; and 4 WHEREAS, the Municipalities are committed to share in the costs of the Facilities, including any change orders, so that membership in the DuPage Water Commission continues to be an efficient and cost-effective option for all the Municipalities; and WHEREAS, the Municipalities, after review and deliberation recognize the need to construct seven (7) metering stations and seven (7) receiving stations to bring Lake Michigan Water to the Municipalities. The Municipalities as part of this Agreement have agreed to share in the cost of the seven (7) metering stations and to consider the seven (7) receiving stations as Internal System Improvements to be absorbed by the applicable Municipality; and WHEREAS, as part of their decision-making, the Municipalities took into consideration various cost allocation methodologies including use, distance, and other more nuanced and complex means to allocate the shared costs among the Municipalities; and WHEREAS, the Municipalities desire to have a fully operational connection to Lake Michigan water supply on or about July 2, 2028; and WHEREAS, Montgomery may elect to receive water from DWC at a later time, but no sooner than December 31, 2030; and WHEREAS, each Municipality, at its costs, will make internal system improvements within its system to accommodate the receipt of Lake Michigan water and in compliance with the IDNR laws, rules, and regulations (“Internal System Improvements”)1; and WHEREAS, the Municipalities acknowledge and recognize that this Agreement is for the mutual benefit of each Municipality and the region. Further, acting together creates economies of scale and minimizes costs associated with the design and construction of the Facilities; and 1 Internal System Improvement costs include the costs to design, permit, and construct the improvements needed within each Municipality’s water system to effectively move Lake Michigan water within its distribution system once received from DWC. 5 WHEREAS, the Municipalities may enter into individual agreements, with the intent to share in the costs (including change orders) to design and construct Facilities for the transmission of Lake Michigan water and all other related costs from the DWC within each Municipality; and WHEREAS, the Municipalities may enter into individual agreements with the intent not to share in the costs (including change orders) to design and construct Facilities for the transmission of Lake Michigan water and all other related costs from the DWC within each Municipality; and WHEREAS, the Municipalities seek to enter into this Agreement to share in agreed-to costs for the goods and services of Vendors necessary to design and construct the Facilities, including, but not limited to, engineering and architecture, professional services, land acquisition, financing, surveys, construction, studies related to permitting, and other activities related to the design and construction of the Facilities that will transport and distribute Lake Michigan water from the DWC to each Municipality; and WHEREAS, unless otherwise agreed, the cost to construct a Municipality’s Internal System Improvements that are not a part of the Facilities, will be borne by each respective Municipality; and WHEREAS, unless otherwise agreed, the Municipalities seek to enter into agreements to share in the costs of financing, funding, or other forms of financing including but not limited to grants, public and private loan funds, bonds, and other similar forms and finance structures; and WHEREAS, unless otherwise agreed, the Municipalities seek to enter into this Agreement to share in the costs and proceeds from grants, loan forgiveness, or other types of financial benefits the Municipalities receive individually or collectively in the furtherance of the design and construction of the Facilities and all other related costs; and 6 WHEREAS, the division of financial responsibilities of each of the Municipalities are described in Exhibit 2, incorporated herein by reference. The Municipalities recognize certain parts of the Facilities will only serve one or two of the Municipalities and will not be shared by the third Municipality; NOW, THEREFORE, in consideration of the mutual promises, obligations, and undertakings hereafter set forth, the Municipalities agree as follows: Section 1. The foregoing recitals are incorporated into this Agreement as if fully restated in this Section 1. Section 2. The Municipalities agree to continue to work with DWC on the final transmission main route of the Facilities from DWC to the Municipalities that is efficient and cost-effective; and Section 3. The Municipalities agree to cooperate with DWC in value engineering the project to construct the Facilities; and Section 3. The Municipalities agree to coordinate and cooperate to jointly select and approve Vendors necessary to construct the Facilities, it being understood that the selection process must be or have been in accordance with all applicable ordinances and laws of the United States and the State of Illinois, as applicable, and will be by unanimous consent of the Municipalities. Section 3. Prior to the selection of any Vendor for the Facilities, the Municipalities will work together to determine the scopes of work or assignment, the deliverables, and the estimated costs. It is understood that all contracts or agreements with an estimated cost in excess of $25,000 to any one Municipality must be approved by the corporate authorities of each of the respective Municipalities prior to the commencement of work. 7 Section 4. After careful consideration and deliberation, the Municipalities, upon execution of a construction agreement(s) with DWC for the construction of the Facilities and all other costs, excluding each Municipality’s Internal System Improvement costs, agree to the cost- sharing allocation percentages as described in Exhibit 2. Section 5. The Municipalities agree to review all invoices for goods and services rendered and to distinguish those costs which serve any single Municipality over the other Municipality, which cost will be paid by the benefitted Municipalities. Payment of all invoices must follow the Illinois Prompt Payment Act. It is further acknowledged that there are certain parts of the Facilities that will only serve one or two of the Municipalities and will not be shared by the third Municipality. The division of financial responsibilities of each of the Municipalities are described in Exhibit 2, incorporated herein by reference. Section 6. This Agreement and the rights of the Municipalities hereunder may not be assigned without consent (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the Municipalities and their respective successors; and Section 7. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement must be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement is declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the Municipalities, and, if such modification is not possible, the provision should be severed from this Agreement, and in either case the validity, legality, and 8 enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby. Section 8. All notices required or permitted by this Agreement must be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt. If to the Village of Oswego: Village Administrator Village of Oswego 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City of Yorkville: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560     With a copy to:   Kathleen Field Orr 2024 Hickory Road, Suite 205 Homewood, Illinois 60430 If to the Village of Montgomery: Village Administrator Village of Montgomery 200 North River Street Montgomery, Illinois 60538 With a copy to: Laura M. Julien Mickey, Wilson, Weiler, Renzi & Andersson 140 South Municipal Drive Sugar Grove, Illinois 60542   Or any such other person, counsel or address as any Municipality specifies pursuant to this Section. 9 Section 9. This Agreement may be executed in counterparts, each of which will be deemed to be an original. Section 10. This Agreement represents the entire agreement among the Municipalities pertaining to sharing the costs of designing, constructing, funding, and financing the Facilities and there are no other promises or conditions in any other agreement whether oral or written. Section 11. This Agreement shall be in full force and effect upon approval by resolution adopted by the corporate authorities of their respective Municipalities; provided, however, any Municipality may terminate this Agreement by providing sixty (60) calendar days' advance written notice to the other Municipalities. In the event a Municipality terminates participation in this joint undertaking, that Municipality will be responsible for its share of all costs incurred and costs to be incurred due to written contracts or commitments. If a Municipality terminates its participation in this Agreement, this Agreement will remain in full force and effect between the remaining two Municipalities. Section 12. This Agreement may be amended only with written consent of all Parties hereto. [SIGNATURE PAGE TO FOLLOW] 10 IN WITNESS WHEREOF, this Agreement, among the Village of Oswego, Kendall and Will Counties, Illinois, the United City of Yorkville, Kendall County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois have executed this Agreement as dated below by each Mayor: United City of Yorkville, Kendall County, Illinois, a municipal corporation By: ________________________________ Mayor Attest: ____________________________ City Clerk Village of Oswego, Kendall and Will Counties, Illinois, a municipal corporation By: _________________________________ President Attest: ____________________________ Village Clerk Village of Montgomery, Kane and Kendall Counties, Illinois, a municipal corporation By: _________________________________ President Attest: ____________________________ Village Clerk 11 EXHIBIT 1 FACILITIES’ ROUTE MAP 12 EXHIBIT 2 DIVISION OF FINANCIAL RESPONSIBILITIES/ ALLOCATION OF COSTS The Village of Oswego, the Village of Montgomery, and the United City of Yorkville after careful consideration and deliberation agree to the following cost-sharing percentages for the Construction Agreement with DWC for the construction of the Facilities and all other agreed to costs, excluding each Municipality’s Internal System Improvement costs: The Village of Oswego commits and agrees to pay 35.36% The Village of Montgomery commits and agrees to pay 24.42% The United City of Yorkville commits and agrees to pay 40.22% [THE REMAINDER OF THIS PAGE IS BLANK] Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2024-35 Liquor Code Amendment – Water Parks City Council – May 14, 2024 Majority Approval Please see the attached memo. Jori Behland Administration Name Department Summary Proposed amendment to the liquor code creating a new liquor class for water parks. Background The local water park, Raging Waves, has contacted City staff requesting to be allowed to sell beer, wine, and liquor for consumption on its premises. Raging Waves stated they are requesting beer, wine, and liquor to be served in their private cabanas area and beer gardens throughout the park. They also mentioned that beer, wine, and liquor will be served in non-glass containers. After numerous meetings with Raging Waves, staff proposes a new license class for water parks. The proposed definition would be as follows: Water park: A water park is an amusement park that has a minimum of ten (10) total acres that features water play areas such as swimming pools, water slides, splash pads, water playgrounds, and lazy rivers, as well as areas for floating, swimming, and other aquatic recreation. The proposed license class would be as follows: WP - Water Parks. a. Authorizes a licensee to sell beer, wine, and liquor for consumption on the premises within designated areas of the water park approved by the City Liquor Control Commissioner. b. The sale and consumption of beer, wine, and liquor are permitted between the hours of 10:00 a.m. to 6:00 p.m. (unless otherwise extended by the City Liquor Control Commissioner at his discretion) c. Beer, wine, and liquor are to be served in non-glass containers only. Staff is proposing an annual license fee of $1,050.00 for water parks. For comparison, the sports dome liquor license is another Yorkville liquor license with an annual license fee of $1,050.00. Recommendation Staff recommend approval of the attached ordinance. Memorandum To: City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: May 14, 2024 Subject: Liquor Code Amendment – Water Parks Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 3, CHAPTER 3 OF THE CODE OF ORDINANCES CREATING A NEW LIQUOR LICENSE CLASS AND FEE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to section 5/4-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 5/1-1 et seq.) the Mayor and City Council have the power to determine the number, kind and classification of liquor licenses and the regulations for the sale of alcoholic beverages; and in addition pursuant to its powers to protect the public’s health, welfare and safety this Ordinance is hereby adopted. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Section 3-3-1 of the Code of Ordinances of the City is hereby amended by adding the following definition for a water park: H. Water park: A water park is an amusement park that has a minimum of ten (10) total acres that features water play areas such as swimming pools, water slides, splash pads, water playgrounds, and lazy rivers, as well as areas for floating, swimming, and other aquatic recreation. Section 2. That Title 3, Chapter 3, Section 4, Subsection (A)(4) of the Code of Ordinances of the City is hereby amended by adding the following new classification for a liquor license: WP - Water Parks. a. Authorizes a licensee to sell beer, wine, and liquor for consumption on the premises within designated areas of the water park approved by the City Liquor Control Commissioner. Ordinance No. 2024-____ Page 2 b. The sale and consumption of beer, wine, and liquor are permitted between the hours of 10:00 a.m. to 6:00 p.m. (unless otherwise extended by the City Liquor Control Commissioner at his discretion) c. Beer, wine, and liquor are to be served in non-glass containers only. Section 3. Title 3, Section 3-3-5, Subsection B of the Code of Ordinances of the City is hereby amended by adding the following to number 4 under said Subsection B: WP – Water Park ………………………………………………………… $1,050.00 Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of __________________, A.D. 2024. _____________________________ CITY CLERK KEN KOCH ________ DAN TRANSIER ________ ARDEN JOE PLOCHER ________ CRAIG SOLING ________ CHRIS FUNKHOUSER ________ MATT MAREK ________ SEAVER TARULIS ________ RUSTY CORNEILS ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2024-36 Agreement for Land Acquisition Consulting Services - Mathewson City Council – May 14, 2024 Supermajority (6 out of 9) Approval Bart Olson Administration Name Department Summary Consideration of an agreement for federal land acquisition process consulting services with Mathewson Right of Way Company. Background The City will be responsible for acquiring a water tower site near Route 71 and 126 for the upcoming Lake Michigan water supply project, as well as several easements throughout town for watermain extensions associated with the same project. These properties and easements must be acquired under federal land acquisition procedures to maintain WIFIA loan eligibility for the related expenses. The City does not have anyone on staff or within our existing consultant pool that is qualified for federal land acquisition processes. Accordingly, our staff and EEI reached out to various consultants used on area projects, including the DuPage Water Commission’s (DWC) current engineering efforts, and have recommended Mark Mathewson of Mathewson Right of Way Company. Mark is currently working on the DWC’s land acquisition efforts and is agreeing to a unit price in line with the DWC contract. In general, the contract covers everything from initial point of contact, acquisition negotiations, surveys, and closing costs. The contract cost of $162,250 is included in the FY 25 budget within the water fund. The exact locations of the properties and easements are not being disclosed due to confidentiality concerns, and because the exact routes of the watermains are not final and may change. Recommendation Staff recommends approval of the agreement for federal land acquisition process consulting services with Mathewson Right of Way Company. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 8, 2024 Subject: Agreement for Land Acquisition Consulting Services - Mathewson Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT FOR LAND ACQUISITION CONSULTING SERVICES WITH MATHEWSON RIGHT OF WAY COMPANY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City’s Municipal Code provides that the City may approve contracts that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City requires the assistance of a consultant in the acquisition of property required for the construction of certain water infrastructure improvements; and WHEREAS, the City’s engineering consultant, Engineering Enterprises, Inc., has obtained a proposal for said consulting services from Mathewson Right of Way Company, an Illinois Corporation; and WHEREAS, the City finds Mathewson Right of Way Company’s proposal to be satisfactory and wishes to enter into an agreement with Mathewson Right of Way Company for land acquisition consulting services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. That the Agreement for Land Acquisition Consulting Services, by and between the City and Mathewson Right of Way Company, attached hereto as Exhibit A and made a part Resolution No. 2024-____ Page 2 hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Exhibit A Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2024-37 We are Called to Care Lease – 609 N. Bridge Street City Council – May 14, 2024 Supermajority (6 out of 9) Approval Please see the attached memo. Erin Willrett Administration Name Department Summary Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: May 14, 2024 Subject: We are Called to Care Lease – 609 N. Bridge Street Approval of a lease for 609 N. Bridge Street to We are Called to Care. Background The City staff and Mayor met with board members and the Executive Director, Shari Chapman, from We are Called to Care, a non-for-profit corporation that provides emergency care for foster youth as they transition to a more permanent situation. They were interested in the 609 N. Bridge Street building. The City purchased the property in 2017 with the intent to use the property for future expansion or renovation of the Public Works property to the west. With the building of a future Public Works/Parks facility on Boombah Boulevard, this property would be available for their use. We are Called to Care would be rehabbing the residential structure and creating the space as usable for their needs. They would be maintaining the interior and exterior of the building as well as the property itself. They are interested in demolishing the garage on-site. The City would have no maintenance or repair obligations under the terms of the lease. They are seeking a 10-year term, with no monthly rent. Any capital improvement done to the property over $5,000 in value, the City Council would need to approve. Anything under $5,000 the City Administration can approve. This is similar to how the lease works at the Hydraulic Street building that the City leases to Foxy’s ice cream, in terms of maintenance. The attached lease has been reviewed and approved by the We are Called to Care organization. Staff believes this would be a good use for the building and it does not require any re-zoning to the property for this use. Staff and the Mayor believe this would be a good partnership and a good fit for the vacant residential property. Recommendation Staff requests approval of the lease for 609 N. Bridge Street to We are Called to Care. Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE APPROVING A LEASE AGREEMENT FOR CERTAIN REAL ESTATE IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the Laws of the State; and WHEREAS, 65 ILCS 5/11-76-1 provides, in part, that the corporate authorities of the City have the power by ordinance adopted by an affirmative vote of three-fourths of the elected corporate authorities then holding office to lease real property for a term not to exceed ninety-nine years; and WHEREAS, We are Called to Care, an Illinois not-for-profit corporation (the “Corporation”), desires to provide emergency care for foster youth within the corporate boundaries of the City (the “Services”); and WHEREAS, the City owns property commonly known as 609 North Bridge Street, Yorkville, Illinois, which the Corporation desires to lease for the purpose of providing the Services; and WHEREAS, the City finds that the Corporation providing the Services to foster youth within the City would be in the best interest of the City and residents, and that a lease of the Subject Property to the Corporation is therefore desirable. THEREFORE, BE IT ORDAINED by the City Council of the United City Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein by reference as though fully set forth. Ordinance No. 2024-____ Page 2 Section 2. That the Lease Agreement attached hereto is hereby approved. Section 3. That the Mayor and City Clerk are directed to execute and attest to said Lease Agreement and do all that is necessary to consummate said Lease Agreement. Section 4. That all ordinances and parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed to the extent of any such conflict or inconsistency. Section 5. That if any part or portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the remainder of this ordinance. Section 6. That this ordinance shall be in full force and effect from and after its passage and approval. [Remainder of Page Intentionally Left Blank. Roll Call Vote to Follow.] Ordinance No. 2024-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 Lease United City of Yorkville to Kendall County, Illinois This lease ("Lease") is made between the United City of Yorkville, Illinois a municipal corporation ("Lessor") and the We are Called to Care, a non-for-profit corporation of Illinois ("Lessee"). Lessor hereby leases to Lessee the Premises commonly known as 609 North Bridge Street, Yorkville to the Lessee upon the following terms and conditions: 1. Term. The term of this Lease for the Premises shall commence on May 14, 2024 and terminate on May 14, 2034 (the “Term”) with no monthly rent. 2. Use and Occupancy. Lessee shall use and occupy the Premises for the purpose of Lessee’s to transform this property in a vital resource for youth in emergency situations due to abuse or neglect in accordance with the terms and conditions set forth herein. This home would provide emergency care for foster youth as they transition to a more permanent situation. Lessee agrees not to use the Premises in any way that would result in the Premises becoming subject to real estate taxes. 3. Care and Maintenance of Premises. Lessee has examined the Premises and acknowledges that the Premises require rehabilitation which the Lessee is prepared to undertake at its sole cost. Lessee shall comply with any and all ordinances and regulations affecting the Premises and the rehabilitation thereof. The Lessor shall not be responsible for any work upon the Premises. Further, the Lessee shall fully indemnify and hold harmless the Lessor from any and all claims, damages, injuries, fines, attorney's fees or other damages arising from the Lessee’s rehabilitation of the Premises and the use and occupancy of the Premises. Lessee shall be responsible for all repairs required during the term of this Lease, Lessor shall have no maintenance or repair obligations. Further, Lessee shall be solely responsible for all exterior maintenance (i.e. snow removal, plowing, landscaping, etc.). Lessee shall keep the parking lot, sidewalk, and all other exterior areas in good condition. 4. No Liens. In the event any lien upon Lessor's title results from any act of Lessee, and in the event that Lessee fails to remove said lien or bond over such lien within sixty (60) days after Lessor's notice to do so, in addition to being a material breach of this Lease, Lessor may remove the lien by paying the full amount thereof without question of validity. Lessee shall pay Lessor, upon request, the amount paid out by Lessor in such behalf, including Lessor's reasonable costs, reasonable expenses and reasonable legal counsel fees. Lessee shall comply with all statutes, City ordinances and City requirements or which may hereafter be in force pertaining to the Premises. 5. Improvements. As stated above, the Lessee shall make improvements to the Premises and at the end of the Term or Renewal Term of this Lease, the Lessee shall deliver the Premises in good order and condition. At the termination of this Lease, any improvements made to the Premises shall remain the property of the Lessor (including lighting and building 2 improvements). Any capital improvements done on the Premises, over $10,000 in value, other than the initial improvements, shall be approved by the City Council prior to commencement. For the purposes of this Agreement, maintenance work shall include regular upkeep of all components of the Premises, including maintenance and repairs. Any capital improvements done on the Premises of $5,000 or more but less than $10,000, other than the initial improvements, shall be approved by the City Administrator prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 6. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises, without the Lessor's prior written consent. 7. Utilities. Lessee shall pay all utility expenses and taxes (i.e. gas, electric, water, sanitary district, sewer, phone, cable, etc.) during the term of this Lease. Said utilities shall be separately metered for the Premises. No utilities are provided by the Lessor. Any interruption of utilities shall not be deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. Lessee hereby waives all claims against Lessor for injury or damage arising from failure to furnish such utilities. Lessee shall also pay for and secure adequate refuse removal service, 8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times and upon reasonable notice, for the purposes of inspecting the same. 9. Insurance. a. Lessee shall save Lessor harmless and indemnify Lessor from and against all injury, loss, claims or damage to any person or property while on the Premises (including, parking areas, sidewalks or common areas of the Premises), and from and against all injury, loss, claim or damage to any person or property anywhere occasioned by any act, neglect or default of Lessee. Lessee shall maintain with respect to the Premises public liability insurance (including bodily injury and property damage) with limits of no less than Two Million and 00/100 Dollars ($2,000,000) in companies acceptable to Lessor and qualified to do business in the State of Illinois, insuring Lessor as well as Lessee against injury to persons or damage to property as herein provided. Lessee shall deposit with Lessor, at or prior to the commencement of the Term of this Lease, and thereafter within thirty (30) days prior to the expiration of such policies, the policies themselves or certificates of such insurance to be carried by Lessee. Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a thirty (30) day written notice to Lessor in the event of nonpayment, cancellation or any material change of coverage. To the maximum extent permitted by insurance policies which may be owned by either Lessor and/or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 3 FURTHER, LESSEE SHALL OBTAIN APROPRIATE BUSINESS INSURANCE TO COVER THE LESSEE'S PROPERTY, CONTENTS, TRADE FIXTURES, IMPROVEMENTS AND CUSTOMER PROPERTY. THE LESSOR IS NOT LIABLE FOR SAME. b. All insurance policies required hereunder shall name the Lessee as an additional insured under each policy. 10. Destruction of Premises. In the event of a partial destruction of the Premises during the term hereof, from any cause, Lessee shall forthwith repair the same, provided that such repairs can be made within sixty (60) days and in compliance with existing governmental laws and regulations; provided however: a. In the event that the Lessee shall elect not to make such repairs which cannot be made within sixty (60) days, this Lease may be terminated. b. In the event that the building located at the Premises is partially destroyed Lessee must repair the building to the same condition as prior to such partial destruction or this Lease shall be terminated. c. A total destruction of the building on the Premises shall automatically terminate this Lease. 11. No Waiver by Lessor. The failure of Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed as a waiver of any rights or remedies that Lessor may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. In case suit should be brought for recovery of the Premises or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fee. 12. Hazards & Storage. Lessee shall not, at any time, store any material or equipment of any kind or character within or without the Premises except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction. Lessee shall not permit the storage of any toxic and/or hazardous material, including, without limitation, asbestos, PCB, pesticides, oil wastes, herbicides and any other materials deemed toxic by the State of Illinois or United States Environmental Protection Agency in, except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction, on or around the Premises. 13. Notices. Any notice, request, demand, approval or consent given or required to be given under this Lease, shall, except as otherwise specifically provided herein, be in writing by (i) personal delivery; or (ii) shall be deemed as having been given three (3) business days after the same has been mailed by United States Registered or Certified Mail (Return Receipt Requested), postage prepaid at the address shown below: 4 Lessor: United City of Yorkville 651 Prairie Pointe Yorkville, IL 60560 Lessee: We are Called to Care NFP 15450 State Route 47 Newark, IL 60541 Notwithstanding the above, the required notice may be delivered via fax, provided that a transmission receipt is produced acknowledging the successful transmission of the copy. Any party may, at any time, change its address for the above purpose by mailing, as aforesaid, a notice stating the change and setting forth the new address. 14. Miscellaneous Provisions: a. Construction. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. b. Time of Essence. It is understood and agreed between the parties hereto that time is of the essence of all the terms and provisions of this Lease. Further, failure of either Lessor or Lessee to insist upon the strict compliance of the covenants and agreements of this Lease in any one or more instances shall not be construed as a waiver or relinquishment in the future of any such covenants and agreements. c. Entire Agreement. This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed by the Lessor and Lessee. d. Venue. The parties agree that unless otherwise instituted by Lessor, or agreed by Lessor, the sole and exclusive venue for the enforcement, interpretation, or otherwise for any litigation between the parties shall be the Circuit Court of the Twenty-Third Judicial Circuit, Kendall County, Illinois. e. Authority. The Parties each represent that each, respectively, has full right, power and authority to execute this Lease and that the person signing this Lease has the authority to bind that Party. f. Execution. This Lease and any amendments or supplements thereto may be executed in any numbers or counterparts and by different parties on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. g. Heirs, Assigns, Successors. This Lease is binding upon and shall inure to the benefit of the parties, their heirs and successors in interest. 5 h. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in a writing signed by both parties. Signed this _____ day of _______, 2024. Lessor: United City of Yorkville, Kendall County ________________________________________ Lessee: We are Called to Care By: ____________________________________ By: ____________________________________ 1 Lease United City of Yorkville to Kendall County, Illinois This lease ("Lease") is made between the United City of Yorkville, Illinois a municipal corporation ("Lessor") and the We are Called to Care, a non-for-profit corporation of Illinois ("Lessee"). Lessor hereby leases to Lessee the Premises commonly known as 609 North Bridge Street, Yorkville to the Lessee upon the following terms and conditions: 1. Term. The term of this Lease for the Premises shall commence on May 14, 2024 and terminate on May 14, 2034 (the “Term”) with no monthly rent. 2. Use and Occupancy. Lessee shall use and occupy the Premises for the purpose of Lessee’s to transform this property in a vital resource for youth in emergency situations due to abuse or neglect in accordance with the terms and conditions set forth herein. This home would provide emergency care for foster youth as they transition to a more permanent situation. Lessee agrees not to use the Premises in any way that would result in the Premises becoming subject to real estate taxes. 3. Care and Maintenance of Premises. Lessee has examined the Premises and acknowledges that the Premises require rehabilitation which the Lessee is prepared to undertake at its sole cost. Lessee shall comply with any and all ordinances and regulations affecting the Premises and the rehabilitation thereof. The Lessor shall not be responsible for any work upon the Premises. Further, the Lessee shall fully indemnify and hold harmless the Lessor from any and all claims, damages, injuries, fines, attorney's fees or other damages arising from the Lessee’s rehabilitation of the Premises and the use and occupancy of the Premises. Lessee shall be responsible for all repairs required during the term of this Lease, Lessor shall have no maintenance or repair obligations. Further, Lessee shall be solely responsible for all exterior maintenance (i.e. snow removal, plowing, landscaping, etc.). Lessee shall keep the parking lot, sidewalk, and all other exterior areas in good condition. 4. No Liens. In the event any lien upon Lessor's title results from any act of Lessee, and in the event that Lessee fails to remove said lien or bond over such lien within thirty sixty (3060) days after Lessor's notice to do so, in addition to being a material breach of this Lease, Lessor may remove the lien by paying the full amount thereof without question of validity. Lessee shall pay Lessor, upon request, the amount paid out by Lessor in such behalf, including Lessor's reasonable costs, reasonable expenses and reasonable legal counsel fees. Lessee shall comply with all statutes, City ordinances and City requirements or which may hereafter be in force pertaining to the Premises. 5. Improvements. As stated above, the Lessee shall make improvements to the Premises and at the end of the Term or Renewal Term of this Lease, the Lessee shall deliver the Premises in good order and condition. At the termination of this Lease, any improvements made to the Premises shall remain the property of the Lessor (including lighting and building Formatted: Indent: Left: 0", First line: 0.25" 2 improvements). Any capital improvements done on the Premises, over $510, 000 in value, other than the initial improvements, shall be approved by the City Council prior to commencement. For the purposes of this Agreement, maintenance work shall include regular upkeep of all components of the Premises, including maintenance and repairs. Any capital improvements done on the Premises of $5,000 or more but less than $10,000, other than the initial improvements, shall be approved by the City Administrator prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 6. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises, without the Lessor's prior written consent. 7. Utilities. Lessee shall pay all utility expenses and taxes (i.e. gas, electric, water, sanitary district, sewer, phone, cable, etc.) during the term of this Lease. Said utilities shall be separately metered for the Premises. No utilities are provided by the Lessor. Any interruption of utilities shall not be deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. Lessee hereby waives all claims against Lessor for injury or damage arising from failure to furnish such utilities. Lessee shall also pay for and secure adequate refuse removal service, 8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times and upon reasonable notice, for the purposes of inspecting the same. 9. Insurance. a. Lessee shall save Lessor harmless and indemnify Lessor from and against all injury, loss, claims or damage to any person or property while on the Premises (including, parking areas, sidewalks or common areas of the Premises), and from and against all injury, loss, claim or damage to any person or property anywhere occasioned by any act, neglect or default of Lessee. Lessee shall maintain with respect to the Premises public liability insurance (including bodily injury and property damage) with limits of no less than Two Million and 00/100 Dollars ($2,000,000) in companies acceptable to Lessor and qualified to do business in the State of Illinois, insuring Lessor as well as Lessee against injury to persons or damage to property as herein provided. Lessee shall deposit with Lessor, at or prior to the commencement of the Term of this Lease, and thereafter within thirty (30) days prior to the expiration of such policies, the policies themselves or certificates of such insurance to be carried by Lessee. Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a thirty (30) day written notice to Lessor in the event of nonpayment, cancellation or any material change of coverage. To the maximum extent permitted by insurance policies which may be owned by either Lessor and/or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 3 FURTHER, LESSEE SHALL OBTAIN APROPRIATE BUSINESS INSURANCE TO COVER THE LESSEE'S PROPERTY, CONTENTS, TRADE FIXTURES, IMPROVEMENTS AND CUSTOMER PROPERTY. THE LESSOR IS NOT LIABLE FOR SAME. b. All insurance policies required hereunder shall name the Lessee as an additional insured under each policy. 10. Destruction of Premises. In the event of a partial destruction of the Premises during the term hereof, from any cause, Lessee shall forthwith repair the same, provided that such repairs can be made within sixty (60) days and in compliance with existing governmental laws and regulations; provided however: a. In the event that the Lessee shall elect not to make such repairs which cannot be made within sixty (60) days, this Lease may be terminated. b. In the event that the building located at the Premises is partially destroyed Lessee must repair the building to the same condition as prior to such partial destruction or this Lease shall be terminated. c. A total destruction of the building on the Premises shall automatically terminate this Lease. 11. No Waiver by Lessor. The failure of Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed as a waiver of any rights or remedies that Lessor may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. In case suit should be brought for recovery of the Premises or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fee. 12. Hazards & Storage. Lessee shall not, at any time, store any material or equipment of any kind or character within or without the Premises except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction. Lessee shall not permit the storage of any toxic and/or hazardous material, including, without limitation, asbestos, PCB, pesticides, oil wastes, herbicides and any other materials deemed toxic by the State of Illinois or United States Environmental Protection Agency in, except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction, on or around the Premises. 13. Notices. Any notice, request, demand, approval or consent given or required to be given under this Lease, shall, except as otherwise specifically provided herein, be in writing by (i) personal delivery; or (ii) shall be deemed as having been given three (3) business days after the same has been mailed by United States Registered or Certified Mail (Return Receipt Requested), postage prepaid at the address shown below: 4 Lessor: United City of Yorkville 651 Prairie Pointe Yorkville, IL 60560 Lessee: We are Called to Care NFP 15450 State Route 47 Newark, IL 60541 Notwithstanding the above, the required notice may be delivered via fax, provided that a transmission receipt is produced acknowledging the successful transmission of the copy. Any party may, at any time, change its address for the above purpose by mailing, as aforesaid, a notice stating the change and setting forth the new address. 14. Miscellaneous Provisions: a. Construction. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. b. Time of Essence. It is understood and agreed between the parties hereto that time is of the essence of all the terms and provisions of this Lease. Further, failure of either Lessor or Lessee to insist upon the strict compliance of the covenants and agreements of this Lease in any one or more instances shall not be construed as a waiver or relinquishment in the future of any such covenants and agreements. c. Entire Agreement. This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed by the Lessor and Lessee. d. Venue. The parties agree that unless otherwise instituted by Lessor, or agreed by Lessor, the sole and exclusive venue for the enforcement, interpretation, or otherwise for any litigation between the parties shall be the Circuit Court of the Twenty-Third Judicial Circuit, Kendall County, Illinois. e. Authority. The Parties each represent that each, respectively, has full right, power and authority to execute this Lease and that the person signing this Lease has the authority to bind that Party. f. Execution. This Lease and any amendments or supplements thereto may be executed in any numbers or counterparts and by different parties on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. g. Heirs, Assigns, Successors. This Lease is binding upon and shall inure to the benefit of the parties, their heirs and successors in interest. 5 h. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in a writing signed by both parties. Signed this _____ day of _______, 2024. Lessor: United City of Yorkville, Kendall County ________________________________________ Lessee: We are Called to Care By: ____________________________________ By: ____________________________________ Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2024-38 Progressive Energy – Electric Supply Contract Renewal City Council – May 14, 2024 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Approval of a resolution engaging Progressive Energy Group (PEG) to seek bids from suppliers for the City’s municipal electric accounts and authorize the Finance Director to enter into a contract with the low-cost provider for a period up to 48-months. Background Progressive Energy Group specializes in lowering operating costs and increasing revenues for their clients through a variety of service offerings, including gas & electric bill audit & procurement; POS system sales & installation; credit card processing; solar field development; municipal aggregation; and energy efficiency & conservation auditing. Progressive has over 1,500 municipal and business clients and has worked with Yorkville since 2011, assisting the City with alternate suppliers for its natural gas and electric accounts. The City previously engaged Progressive to solicit bids from electric suppliers in 2020, which resulted in the City entering into a 48-month contract with the alternative electricity provider, Direct Energy, for its large usage, small usage, and street lighting accounts. The efficacy of this decision is evident in the historical electric prices chart, showcased in the Electric Audit City Facilities Update report by Progressive (Exhibit A - page 2). Since October 2021, Yorkville has consistently maintained supply rates well below market averages. Further substantiating this success, a detailed table on page 3 demonstrates the tangible benefits of opting for an alternate electricity supplier, with savings exceeding $300,000 since May 2020. With the current supply contracts expiring in May (large/small accounts) and July (street light accounts), Progressive has provided updated supplier quotes (as of May 7th, rates fluctuate daily) with terms ranging from 12- to 48-months. As noted in Exhibit A, electricity demand is expected to increase 10% to 15% by 2030, which is primarily attributable to the ongoing expansion of large-scale data centers and the widespread adoption of electric vehicles and plug- in hybrids. Electricity costs are further being exacerbated on the supply-side. While renewable alternatives like solar and wind power are gaining traction, they have yet to fully offset the dwindling supply of traditional (i.e., fossil fuel) sources. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 8, 2024 Subject: Progressive Energy – Electric Supply Contract Renewal Recommendation Due to the anticipated volatility in demand for electricity and the realized cost-savings of the current program, Staff recommends approval of the attached resolution authorizing Progressive Energy Group (PEG) to seek bids from suppliers for the City’s municipal electric accounts and authorize the Finance Director to enter into a contract with the low-cost provider for a period up to 48-months. Moreover, assuming approval of the resolution, staff recommends entering into a contract with the low-cost supplier of each municipal account type (large, small & street lights) for a term of 48-months. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING PARTICIPATION IN PROGRESSIVE ENERGY GROUP (PEG) AND AUTHORIZING THE FINANCE DIRECTOR TO APPROVE A CONTRACT WITH THE LOWEST COST ELECTRICITY PROVIDER BY RATE CLASSIFICATION FOR A PERIOD UP TO 48 MONTHS. WHEREAS the United City of Yorkville, Kendall County, Illinois ("the City") is a duly organized and validly existing non home-rule municipality and political subdivision of the State of Illinois created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, on January 2, 2007, the State of Illinois implemented a plan to deregulate Commonwealth Edison; and WHEREAS, as a result of this deregulation, electricity may be purchased based on market price and Commonwealth Edison will no longer be the sole supplier of electricity in Northern Illinois, resulting in new electricity suppliers being able to compete against Commonwealth Edison, and create competitive market forces dictating the price of electricity; and WHEREAS, the City has selected Progressive Energy Group (PEG) to serve as the City's non-exclusive broker relative to the acquisition of electrical energy for City facilities, due to PEG’s municipal experience in Illinois and being a licensed broker with the Illinois Commerce Commission (ICC); and WHEREAS, there is no cost to the City of Yorkville if the City chooses the PEG electricity supplier, being built into the prices of the electricity bid, so there will be no direct payment made to PEG by the City; and WHEREAS the City has been working with PEG on Natural Gas procurement since 2011, and the City has enjoyed a good working relationship with PEG; and WHEREAS, Commonwealth Edison no longer offer a fixed energy rate for large or medium sized commercial accounts and would instead charge based on a floating hourly rate and the City desires to enter the market to secure a fixed rate, up to 48 months in term. Resolution No. 2024-____ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. That the Progressive Energy Group (PEG) is hereby appointed the City's non-exclusive broker for purposes of obtaining an electricity supply for the City's municipal needs. Section 2. That the Finance Director is authorized to negotiate energy rates directly with suppliers in an effort to secure lower energy costs. Section 3. That in light of the time constraints and procedures required, applicable to the acceptance of a competitive bid for a supply of electricity, once the bids are received by PEG, the Finance Director is hereby authorized to sign the contract with the most optimal bidder and report the results to the City Council after the contract is executed. Section 4. That the Finance Director is authorized as the City’s authorized representative in matters concerning the bid. Section 5: The Resolution shall be in full force and effect from and after its passage, approval, and publication, as provided by law. [Remainder of page intentionally left blank – Roll Call Vote to follow] Resolution No. 2024-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ RUSTY CORNEILS _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ CRAIG SOLING _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ________________________________ CITY CLERK                     Electric Audit City Facilities Update      City of Yorkville              Prepared for: City of Yorkville Staff   By: Arnold Schramel    Date: May 9, 2024                    Office‐ (630) 882‐6100  Fax‐      (630) 882‐6132  Mobile (630) 870‐9670  www.progessiveenergygroup.com                            www.savewithprogressive.com                                   Phone: 630‐882‐6100       Fax: 630‐882‐6132                                                                           © 2019 Progressive Energy Group – All Rights Reserved  2    Electric Supply Contract Current Status:    The City’s current electric contract for large and small accounts ends with meter reading dates with meter reads in May  2024.  The City’s contract for street lighting accounts ends in July 2024.  The current prices City of Yorkville is paying:     Large Usage Accounts (4) accounts, (48‐month contract with Direct Energy)  o Annual usage of 3,424,615 kWh’s.  o Current price = $0.02777 per kWh.   Small Usage Accounts (17) accounts, (48‐month contract with Dynegy Energy)  o  Annual usage of 287,208 kWh’s.  o  Current price = $0.02939 per kWh.   Lighting Accounts (13) accounts, (48‐month contract with Direct Energy)  o Annual usage of 1,388,232 kWh’s.   o Current price = $0.02584 per kWh        Historical Electric Prices (Jan 2021 – April 2024)      Yorkville current contract prices  3      Savings over the past four (4) years on expiring Electric Contract    May 2020 ‐  Dec 2020 2021 2022 2023 Jan 2024 ‐  May 2024 Total Large Accounts 6,233$          69,280$        45,308$        50,445$        13,961$        194,575$         Small  Accounts 213$             5,345$          3,334$          3,765$          1,016$          23,022$           Lighting Accounts 4,313$          30,763$        21,046$        22,434$        6,552$          94,457$           Annual Savings (total)10,758$        105,388$      69,688$        76,644$        21,529$        312,054$         Savings vs Market  Past Four (4) Years     Large Account Pricing 05/07/2024    Supplier 12 Months 24 Months 36 Months 48 Months AEP Energy: $0.04040 $0.04225 $0.04354 $0.04539 Direct  Energy:$0.04252 $0.04481 $0.04640 $0.04802 MC Squared Energy:$0.04673 $0.04897 Dynegy  Energy:$0.04623 $0.04827 $0.04992 $0.05171 Shell Energy:$0.04771 $0.04944 $0.05093 $0.05263 Freepoint Solutions:$0.04914 $0.05123 $0.05269 $0.05392 SUPPLIER QUOTES  ‐ Energy Only     Small Account Pricing 05/07/2024    Supplier 12 Months 24 Months 36 Months 48 Months AEP Energy:$0.04623 $0.04790 $0.04921 $0.05125 Direct  Energy: $0.04518 $0.04678 $0.04842 $0.04991 MC Squared Energy:$0.04945 $0.05135 Dynegy  Energy:$0.04889 $0.05073 $0.05232 $0.05417 Shell Energy:$0.05120 $0.05276 $0.05421 $0.05592 SUPPLIER QUOTES  ‐ Energy Only     Lighting Account Pricing 05/07/2024    Supplier 12 Months 24 Months 36 Months 48 Months AEP Energy:$0.03964 $0.04110 $0.04228 $0.04409 Direct  Energy: $0.03850 $0.03967 $0.04145 $0.04281 MC Squared Energy:$0.04236 $0.04349 Dynegy  Energy:$0.04164 $0.04316 $0.04503 $0.04681 Shell Energy:$0.04057 $0.04126 $0.04292 $0.04436 Freepoint Solutions:$0.04188 $0.04298 $0.04438 $0.04605 SUPPLIER QUOTES ‐ All‐In  Fixed         4    Financial Impact of higher future electric prices:    12 Months 24 Months 36 Months 48 Months Large Accounts 43,253$       49,588$       54,006$       60,342$        Small  Accounts 4,535$         4,995$         5,466$         5,894$          Lighting Accounts 17,575$       19,199$       21,670$       23,558$        Total Impact 65,363$       73,782$       81,142$       89,794$        Financial Impact     Community Solar Subscription Options    Illinois Community Solar is a program designed to expand access to solar energy and its benefits to a broader range of  customers, including those who may not have suitable rooftops for solar panels or who prefer not to invest in individual  solar installations. Community solar programs aim to make renewable energy accessible to residents, businesses, and  organizations by allowing them to subscribe to a shared solar project located off‐site.    How it Works:  1. Solar developers construct and operate community solar projects.  2. Residents and businesses subscribe to a portion of the solar energy generated.  3. The energy produced by the solar project is fed into the electric grid.  4. Subscribers receive energy credits on their electricity bills based on their subscribed share.  5. These credits offset a portion of the subscriber's electricity costs.    We recommend that the City of Yorkville should sign up for a Community Solar program when they become available  later in 2024. These programs provide an additional guaranteed savings of 10% vs. the ComEd tariff rate monthly price.  These programs are available for your small and lighting accounts.  We estimate the City would save $12K per year  under these programs.    Market Overview:    Electric demand is expected to increase 10%‐15% by 2030 driven primarily by:     Continued construction and development of Large‐Scale Data centers for AI and crypto mining.   Electric Vehicle and Plug in Hybrids expected to double in load by 2030.    At the same time the USA continues to retire fossil fuel generation at a record pace. Some of this is being replaced by  Solar and Wind but many of the large Utility Scale Renewable Projects are many years away from getting permits and  being constructed.    Next Steps     Review recommendations with appropriate City Staff and get feedback.   Get on City Council Agenda?    Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #6 Tracking Number CC 2024-39 Municipal Advisor & Bond Counsel Engagement Letters City Council – May 14, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of engagement letters for Speer Financial, Inc. (municipal advisor) and Saul Ewing, LLP (bond counsel) for services related to the proposed issuance of bonds to finance a new Public Works/Parks facility; and to provide funding for City water system improvements related to the DuPage Water Commission (DWC)/ Lake Michigan water sourcing project. Background Speer Financial, Inc., (www.speerfinancial.com) is a nationally recognized, employee-owned firm of municipal advisors, that works solely with governmental entities, specializing in debt issuance and related services. Speer has served as the City’s primary municipal advisor for over a decade, including Yorkville’s most recent bond issues in 2023 (water infrastructure improvements), 2021 (City Hall renovations), 2022 (2011 bond refinancing/City Hall renovations) and for the upcoming WIFIA loan issuance, which is currently in progress. As noted in the attached engagement letter (Exhibit A – starting on page 4), Speer provides a range of debt related services, comprised of financial planning (debt service schedules, financing timelines, coordination of financial planning, etc.) and other services dependent on whether a bond is sold competitively or through a negotiated sale. As noted on page 2 of the engagement letter, Speer’s charges include a base amount (between $5,000 and $102,500) and a per bond amount (between $0.25 and $2.50), which will vary depending on the amount of principal issued. Based on the proposed principal amounts for the Public Works/Parks Facility bonds ($40 million) and the Water bonds ($22.735 million), Speer’s fees would be $67,500 and $50,235, respectively, for a total of $117,735 (if issued separately). If the bonds were issued together ($62.735 million in principal), Speer’s fee would be $83,868, a savings of $33,867. Irrespective of whether the bonds are issued together or separately, Speer’s fee is contingent on the issuance of the bonds, so if Council decided not to move forward with the issuance, no fees would be charged. All fees paid to Speer Financial would be funded by bond proceeds, since these costs would be directly correlated to the issuance of the proposed bonds. Saul Ewing, LLP, (www.saul.com) is a national law firm with approximately 375 attorneys who provide an array of legal services to more than 40 different industries. Saul Ewing has served as bond counsel for the City’s last four bond issuances, assisting the City with the various compliance and disclosure requirements. As shown on page 4 of the engagement letter (Exhibits B and C), Saul Ewing is proposing a fixed fee of $50,000 for the Public Works/Parks facility bonds and $45,000 for the Water bonds, if issued separately. If the bonds were issued concurrently, the fee would be $87,500, a savings of $7,500. Should Council decide not to issue the proposed bonds, the City would pay a proration of that amount for services previously rendered. Similar to Speer Financial in the preceding paragraph, all fees paid to Saul Ewing would be funded by bond proceeds. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 6, 2024 Subject: Municipal Advisor & Bond Counsel Engagement Letters Recommendation Staff recommends approving the engagement letters for Speer Financial (municipal advisor) and Saul Ewing (bond counsel). Furthermore, in light of the savings detailed on the preceding page, staff proposes bundling these bonds together to capitalize on estimated cost savings exceeding $40,000. After thorough analysis of the City’s cash position, staff is confident in the sufficiency of overall cash flow to fully finance all budgeted capital projects until the size and scope of the new Public Works/Park facility is determined later this year. Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS SUITE 2630 • 230 WEST MONROE STREET • CHICAGO, ILLINOIS 60606 • (312) 346-3700 • FAX (312) 346-8833 SUITE 608 • 531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8628 ESTABLISHED 1954 DANIEL FORBES RAPHALIATA McKENZIE MAGGIE BURGER ANTHONY MICELI MARK JERETINA AARON GOLD President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Vice President February 26, 2024 Rob Fredrickson Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville, Kendall County, Illinois Issuance of General Obligation (Alternate Revenue Source) to Finance water system improvements and the costs of a new public works facility. Dear Rob: Speer Financial, Inc. (“Speer”) is pleased to provide this Engagement Letter to the United City of Yorkville, Illinois (the “Client”) for our services as Municipal Advisor in connection with the issuance of the securities referenced above (the “Bonds”). The purpose of the issuance of the Bonds, briefly stated, is to provide for capital improvements, including improvements to the Client’s water supply system and for the construction of a new public works facility (the “Project”). Speer is providing this Engagement Letter to you to memorialize the terms of our engagement (the “Engagement”) as your Municipal Advisor with respect to the Project. This Engagement Letter is required under current Federal securities law and serves to provide certain additional information to the Client, such as disclosures of services, fees, terms and termination, conflict of interest and any material disciplinary actions. Services. Speer agrees to provide to the Client the municipal advisory services (the “Services”) set forth in the attached Exhibit A. Certain limitations to Speer’s Services are set forth in the attached Exhibit B. The Client, as an issuer of municipal securities, is also subject to certain other terms as it relates to the issuance of securities and Speer’s Engagement. These terms are detailed in the attached Exhibit C. Authorization. It is Speer’s understanding that the Administrator and Finance Director of the Client (the “Client Contacts”) are authorized to receive this Engagement Letter and discuss with Speer the terms and disclosures of this Engagement Letter. Speer may also rely on the authority of such Client Contacts when receiving direction from such Client Contacts in the course of Speer providing its Services. Term and Termination. Speer’s Engagement shall remain in effect until terminated by the Client or Speer upon at least thirty (30) days written notice to the other party. If the Client terminates the Engagement prior to the issuance of the Bonds, Speer expects to negotiate with the Client a mutually agreeable compensation for the Services provided by Speer prior to such termination. SPEER FINANCIAL, INC. 2 Compensation. Speer’s compensation for Services on the Bonds is set forth below. As compensation for Speer’s provision of the Services, Speer shall receive a fee based upon the par amount of the Bonds issued, calculated as follows: Production/Par Amount MA Fee $0 - $1,000,000 $5,000 $1,000,001 - $10,000,000 $5,000 + $2.50 Per Bond Above $1,000,000. $10,000,001 - $20,000,000 $27,500 + $2.00 Per Bond Above $10,000,000 $20,000,001 - $50,000,000 $47,500 + $1.00 Per Bond Above $20,000,000 $50,000,001 -$100,000,000 $77,500 + $0.50 Per Bond Above $50,000,000 Above $100,000,000 $102,500 + $0.25 Per Bond Above $100,000,000 Bond Issue Fee Schedule This fee is the same regardless of the method of sale of the Bonds and is contingent on the sale of the Bonds. This fee does not include the payment of Speer’s out-of-pocket costs as further described in Exhibit B. See the attached Exhibit D for a description of the conflicts of interest in connection with each form of compensation. Representations of Client. The factual representations contained in the documents which are prepared by Speer in the course of its Engagement, and the factual representations which may also be contained in any other documents that are furnished to Speer by the Client, are essential for and provide the basis for Speer’s municipal advice. Accordingly, it is important for the Client to read and understand the documents Speer provides to the Client because the Client will be confirming the truth, accuracy and completeness of matters contained in those documents. Speer’s Engagement does not include the verification of the truth or accuracy of such factual representations, as further described in the attached Exhibit C. Required Disclosures. Speer is registered with the U.S. Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”). MSRB Rule G-42 requires that Speer provide the Client with disclosures of material conflicts of interest and information regarding certain legal events and disciplinary history. MSRB Rule G-10 requires that Speer provide certain disclosures related to the MSRB’s webpage and the availability of a municipal advisory client brochure. Such disclosures are provided in the attached Exhibit D. Should the Client have any questions or concerns with these disclosures, the Client should promptly contact Speer. Risk Disclosure. Each form of financing has particular financial characteristics and inherent risks. Provided in the attached Exhibit E is a general description of the most commonly used security structures of fixed rate municipal bonds in Illinois as well disclosures on the risks of each structure known to Speer at this time. Should the Client have any questions or concerns with this disclosure, the Client should promptly contact Speer. SPEER FINANCIAL, INC. 3 We sincerely appreciate this opportunity to be of service, and look forward to working with you. Sincerely, SPEER FINANCIAL, INC. By: Its: Senior Vice President 4 EXHIBIT A SPEER FINANCIAL, INC. MUNICIPAL ADVISOR SERVICES FOR THE UNITED CITY OF YORKVILLE Financial Planning Services 1. Orientation: Reviewing the Client’s current financial position, statutory authority, and financing capabilities, including whether a refunding or defeasance of any outstanding debt is appropriate. 2. Coordination: Coordinating financial planning and issuance details with the Client’s staff, bond counsel, paying agents, rating agencies and other transaction participants. 3. Consultation: Consulting with the elected and key appointed officials and staff regarding the various phases of the development and implementation of a financing plan, as requested. 4. Planning: Developing a debt financing plan that includes all or some of the following: a. Maturity Schedules - Provide preliminary maturity schedules relating to the financing. b. Financing Timeline - A tentative financing timeline to guide officials regarding the timing of various aspects of the financing plan. c. Financing Distribution List – Prepare a listing of the individuals and firms that will serve on the transaction. 5 Competitive Sale Services 1. Authorizing Resolutions/Ordinances - Assist the Client’s attorney and/or bond counsel with regard to the financial provisions to be included within the Client’s authorizing resolutions/ordinances relative to the securities issuance. 2. Credit Rating and/or Insurance - When applying for a credit rating and/or bond insurance, Speer will submit the necessary data and documents to the selected rating agency(ies) and/or insurance company(ies). 3. Disclosure Document, Notice of Sale and Bid Form: a. Preparation of Documents - Prepare a preliminary Official Statement, Term Sheet, Statement of Facts or Limited Offering Memorandum (each a “Disclosure Document”), Notice of Sale and Bid Form, if not being otherwise prepared by another party involved with the transaction Following the award of the securities, Speer shall prepare the final Disclosure Document corresponding to the Project or Bonds, if not otherwise being prepared by another party involved with the transaction. b. Notice of Sale Publication - Prepare, as necessary, and disseminate a Notice of Sale. c. Encouragement to Bidders - Circulate the preliminary Disclosure Document by posting the document to www.speerfinancial.com, as well as notifying applicable municipal bond industry publications of the pending sale and posting the Disclosure Document and bidding details to a competitive bid platform, such as www.speeracution.com.Provide copies of the preliminary Disclosure Document and Official Bid Forms, as applicable, for each sale to the Client for distribution to local banks and elected officials. d. Bid Opening, Analysis and Recommendations - Conduct each sale, examine the bids submitted for completeness and compliance with the applicable bidding requirements, evaluate the bids for accuracy, and recommend a proposed course of action relative thereto. 4. Preparation For Delivery of Securities - Conduct all necessary undertakings in order to complete the financing, including the preparation and dissemination of a closing letter. 5. Debt Service Schedule - Provide the Client with a final debt service schedule and other financial materials pertinent to the securities sale. Negotiated Sale Services 1. Authorizing Resolutions/Ordinances - Assist the Client’s attorney and/or bond counsel with regard to the financial provisions to be included within the Client’s authorizing resolutions/ordinances relative to the securities issuance. 2. Credit Rating and/or Insurance - When applying for a credit rating and/or bond insurance Speer will submit the necessary data and documents to the selected credit rating agency(ies) and/or insurance company(ies). 3. Disclosure Document and Proposals: 6 a. Preparation of Documents - Prepare or assist in the preparation of a preliminary Disclosure Document, if not being otherwise completed by another transaction participant. If requested by the Client, prepare a Request for Proposals (RFP) or Request for Qualifications (RFQ) for underwriting services, and, following the award of the securities, the final Disclosure Document, if not being otherwise prepared by another transaction participant. b. Proposal Analysis and Recommendations – If requested by the Client, review and examine any proposals submitted for completeness and compliance with the applicable RFP/RFQ requirements, evaluate the proposals for accuracy, and recommend a proposed course of action relative to the proposals received. 4. Negotiation of Terms - Negotiate with the selected underwriter(s)/purchaser(s) relative to interest rates, terms and conditions of the securities issuance. 5. Preparation For Delivery of Securities - Conduct all necessary undertakings in order to complete the financing, including, the preparation, and dissemination of a closing letter. 6. Debt Service Schedule - Provide the Client with a final debt service schedule and other financial materials pertinent to the securities sale. 7 EXHIBIT B LIMITATIONS TO SPEER’S MUNICIPAL ADVISOR SERVICES Speer’s duties as Municipal Advisor are limited to the Services detailed in Exhibit A. Among other things, Speer’s Engagement does not include: 1. Giving any advice, opinion or representation as to the fiscal prudence or policy priority of issuing the securities or any other aspect of the securities transaction, including, without limitation, the undertaking of any project to be financed with the proceeds of the securities, as those are the Client’s policy decisions. 2. Giving any opinion or advice on the legality of the securities or the tax status of the securities. 3. Preparing any of the following: requests for tax rulings from the Internal Revenue Service, blue sky or investment surveys with respect to the securities, state legislative amendments, or pursuing test cases or other litigation. 4. Undertaking rebate calculations for the securities or anything related to monitoring investments of securities proceeds or expenditure of securities proceeds, as that is a specialty service provided by others when appropriate. 5. Participating in the underwriting of the debt, as prohibited by Federal securities law. 6. Monitoring the actual use of proceeds, the timely expenditure of proceeds and the project completion status. 7. Verifying the accuracy of audited and unaudited financial statements. 8. Giving advice on the investment of securities proceeds. 9. Monitoring ongoing obligations and covenants entered into by the Client with respect to the securities, as these tasks are performed by the Client. 10. The Services do not include the payment by Speer of its “out of pocket” expenses, including but not limited to, the utilization of a bidding platform (SpeerAuction or SpeerBids), verification services as requested by the Client, mailing, overnight and messenger delivery and printing and copying costs. 11. Filing material events notices or otherwise assisting the Client with its continuing disclosure obligations, as such assistance is to be provided under a separate written agreement. Nothing in this Engagement Letter obligates Speer to provide, or the Client to pay for, any such continuing disclosure services. 8 EXHIBIT C OTHER TERMS OF THE SPEER ENGAGEMENT Please note the following with respect to the Client’s role in connection with each issuance of securities. 1. It is important for the Client to read and understand the documents Speer provides to the Client because the Client will be confirming the truth, accuracy and completeness of matters contained in those documents at the issuance of the securities. If the documents contain incorrect or incomplete factual statements, the Client must call those to Speer’s attention. Speer will not perform an independent investigation or verification to determine the accuracy, completeness or sufficiency of any such document or render any advice, view or comfort that the Disclosure Document or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Any information in such documents does not constitute a review, audit or certified forecast of future events and any such financial information may not conform to accounting principles applicable to compilations of financial information. Any untruth, inaccuracy or incompleteness may have adverse consequences affecting either the tax exemption of interest paid on the securities or the adequacy of disclosures made in the Disclosure Document under State and Federal securities laws, with resulting potential liability for the Client. During the course of its Engagement, Speer will assume and rely on the Client to provide Speer with complete and timely information on all developments pertaining to any aspect of the securities and their security. Speer understands that the Client will cooperate with Speer in this regard. 2. To the extent that during the course of Speer’s advising the Client a relevant matter comes to Speer’s attention which appears to be contrary to what is contained in the transaction documents including any representations in the transaction documents or in the Disclosure Document, Speer may ask the Client about such apparent divergence of the facts; but to the extent that the facts and representations stated in the documents Speer provides to the Client, and are not corrected by the Client, Speer is then relying upon the Client’s signed certifications for their truth, accuracy and completeness. 3. Issuing the securities as “securities” under State and Federal securities laws and on a tax-exempt basis is a serious undertaking. As the issuer of the securities, the Client is obligated under that State and Federal securities laws and the Federal tax laws to disclose all material facts. The Client has a duty to exercise “due diligence” in determining the accuracy and completeness of the information used in the Disclosure Document and the information upon which legal opinions related to the securities are based. The Client’s lawyers, accountants and advisors can assist the Client in fulfilling these duties, but the Client in its corporate capacity, including the Client’s knowledge, has the collective knowledge of the facts pertinent to the transaction and the ultimate responsibility for the presentation and disclosure of the relevant information. 4. Requirements of issuing debt include that the Client is current in its annual continuing disclosure obligations, including material events notices, and current in its arbitrage rebate obligations. These requirements are the obligation of the Client and not of Speer or bond counsel. 9 EXHIBIT D REQUIRED DISCLOSURES 1. DISCLOSURE OF CONFLICTS OF INTEREST A. Various Forms of Compensation The Municipal Securities Rulemaking Board (MSRB) requires us, as your municipal advisor, to provide written disclosure to you about the actual or potential conflicts of interest presented by various forms of compensation. We must provide this disclosure unless you have required that a particular form of compensation be used. You should select a form of compensation that best meets your needs and the agreed upon scope of services. The forms of compensation for municipal advisors vary according to the nature of the engagement and requirements of the Client, among other factors. Various forms of compensation present actual or potential conflicts of interest because they may create an incentive for an advisor to recommend one course of action over another if it is more beneficial to the advisor to do so. This document discusses various forms of compensation and the timing of payments to the advisor. Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount established at the outset of the transaction. The amount is usually based upon an analysis by the Client and the advisor of, among other things, the expected duration and complexity of the transaction and the agreed-upon scope of work that the advisor will perform. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the advisor may suffer a loss. Thus, the advisor may recommend less time- consuming alternatives, or fail to do a thorough analysis of alternatives. There may be additional conflicts of interest if the municipal advisor’s fee is contingent upon the successful completion of a financing, as described below. Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the Client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest, as described below. Fee contingent upon the completion of a financing or other transaction. Under a contingent fee form of compensation, payment of an advisor’s fee is dependent upon the successful completion of a financing or other transaction. Although this form of compensation may be customary for the Client, it presents a conflict because the advisor may have an incentive to recommend unnecessary financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, an advisor may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Fee paid under a retainer agreement. Under a retainer agreement, fees are paid to a municipal advisor periodically (e.g., monthly) and are not contingent upon the completion of a financing or other transaction. Fees paid under a retainer agreement may be calculated on a fixed fee basis (e.g., a fixed fee per month regardless of the number of hours worked) or an hourly basis (e.g., a minimum monthly payment, with additional amounts payable if a certain number of hours worked is exceeded). A retainer agreement does not present the conflicts associated with a contingent fee arrangement (described above). Fee based upon principal or notional amount and term of transaction. Under this form of compensation, the 10 municipal advisor’s fee is based upon a percentage of the principal amount of an issue of securities (e.g., bonds) or, in the case of a derivative, the present value of or notional amount and term of the derivative. This form of compensation presents a conflict of interest because the advisor may have an incentive to advise the Client to increase the size of the securities issue or modify the derivative for the purpose of increasing the advisor’s compensation. B. Other Material Conflicts of Interest The MSRB requires us, as your municipal advisor, to provide written disclosure to you about material conflicts of interest. The following represent Speer material conflicts of interest known to Speer as of the date of this Engagement Letter. As of the date of this Engagement, Speer is unaware of any material conflicts of interest. 2. DISCLOSURE OF LEGAL EVENTS AND DISCIPLINARY ACTION The MSRB requires us, as your municipal advisor, to provide written disclosure to you of any legal or disciplinary events material to your evaluation of Speer or the integrity of Speer’s management or advisory personnel. Material Legal or Disciplinary Event. There are no legal or disciplinary events that are material to the Client’s evaluation of Speer or the integrity of Speer’s management or advisory personnel disclosed, or that should be disclosed, on any Form MA or Form MA-I filed with the SEC. How to Access Form MA and Form MA-I Filings. Speer’s most recent form MA and each most recent Form MA- I filed with the SEC are available on the SEC’s EDGAR system at: http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001606944 Most Recent Change in Legal or Disciplinary Event Disclosure. Speer has not made any material legal or disciplinary event disclosures on Form MA or any Form MA-I filed with the SEC. 3. FUTURE DISCLOSURES As required by MSRB Rule G-42, the Required Disclosures found in this Exhibit D may be supplemented or amended, from time to time as needed, to reflect changed circumstances resulting in new conflicts of interest or changes in conflicts of interest described above, or to provide updated information with regard to any legal or disciplinary events of Speer. Speer will provide the Client with any such supplemental or amended information as it becomes available through the term of the Municipal Advisory Relationship. 4. G-10 DISCLOSURE The Municipal Securities Rulemaking Board’s (MSRB) webpage address is: www.msrb.org Posted on the MSRB’s webpage is a municipal advisory client brochure that describes the protections that may be provided by the MSRB rules and how to file a complaint with an appropriate regulatory authority. 11 EXHIBIT E FINANCIAL CHARACTERISTICS AND RISKS OF MUNICIPAL BONDS IN ILLINOIS The following is a general description of the financial characteristics, security structures and risks of municipal fixed rate bonds (“Municipal Bonds”) issued in Illinois. The risks being disclosed in this Exhibit E are those that are known to Speer at this time and should be considered by the Client prior to deciding whether to issue Municipal Bonds. If you have any questions or concerns about any disclosure made, please notify Speer immediately. Financial Characteristics Maturity and Interest. Municipal Bonds are interest-bearing debt securities issued by state and local governments, political subdivisions and agencies and authorities. Maturity dates for Municipal Bonds are fixed at the time of issuance and may include serial maturities (specified principal amounts are payable on the same date in each year until final maturity) or one or more term maturities (specified principal amounts are payable on each term maturity date) or a combination of serial and term maturities. The final maturity date typically will range between 10 and 30 years from the date of issuance. Interest on the Municipal Bonds typically is paid semiannually at a stated fixed rate or rates for each maturity date. Redemption. Municipal Bonds may be subject to optional redemption, which allows you, at your option, to redeem some or all of the bonds on a date prior to scheduled maturity, such as in connection with the issuance of refunding bonds to take advantage of lower interest rates. Municipal Bonds will be subject to optional redemption only after the passage of a specified period of time, often approximately ten years from the date of issuance, and upon payment of the redemption price set forth in the bonds, which may include a redemption premium. You will be required to send out a notice of optional redemption to the holders of the bonds, usually not less than 30 days prior to the redemption date. Municipal Bonds with term maturity dates also may be subject to mandatory sinking fund redemption, which requires you to redeem specified principal amounts of the bonds annually in advance of the term maturity date. The mandatory sinking fund redemption price is 100% of the principal amount of the bonds to be redeemed. Security Payment of principal of and interest on a municipal security, including Municipal Bonds, may be backed by various types of pledges and forms of security, some of which are described below. The description below regarding "Security" is only a brief summary of certain possible security provisions for the bonds and is not intended as legal advice. You should consult with your bond counsel for further information regarding the security for the bonds. General Obligation Bonds. "General obligation bonds" are debt securities to which your full faith and credit is pledged to pay principal and interest. If you have taxing power, generally you will pledge to use your ad valorem (property) taxing power to pay principal and interest. All taxable property in the taxing body is subject to the levy of taxes to pay the same without limitation as to rate or amount. The term "limited" tax is used when a limit exists as to the amount of the tax (see below). General obligation bonds constitute a debt and, depending on applicable state law, may require that you obtain approval by voters prior to issuance. In the event of default in required payments of interest or principal, the holders of general obligation bonds have certain rights under state law to compel you to impose a tax levy. Limited Bonds. Taxing bodies, subject to the Property Tax Extension Limitation Law of the State of Illinois, as amended (the "Extension Limitation Law"), can issue limited bonds. Limited bonds are issued in lieu of general obligation bonds that otherwise have been authorized by applicable law. They are payable from a separate property tax levy that is unlimited as to rate, but the amount of taxes that will be extended to pay the bonds is limited by the Extension Limitation Law. Limited bonds are payable from your debt service extension base (the Page 12 "Base"), which is an amount equal to that portion of the extension for the applicable levy year for the payment of non-referendum bonds (other than alternate bonds or refunding bonds issued to refund bonds initially issued pursuant to referendum), increased each year, beginning with the 2009 levy year, by the lesser of 5% or the percentage in the Consumer Price Index for All Urban Consumers (as defined in the Extension Limitation Law) during the 12-month calendar year preceding the levy year. The Limitation Law further provides that the annual amount of taxes to be extended to pay the limited bonds and all other limited bonds heretofore and hereafter issued by you shall not exceed the Base less the amount extended to pay certain other non-referendum bonds heretofore and hereafter issued by you and bonds issued to refund such bonds. Limited bonds constitute a debt. In the event of default in required payments of interest or principal, the holders of limited bonds have certain rights under state law to compel you to impose a tax levy (limited as set forth in the previous paragraph). Alternate Bonds. Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended (the "Debt Reform Act"), permits you to issue alternate or "double-barrelled" bonds. Alternate bonds are general obligation bonds payable from enterprise revenues or from a revenue source, or both, with your general obligation acting as backup security for the bonds. Once issued, and until paid or defeased, alternate bonds are a general obligation, for the payment of which you pledge your full faith and credit. Such bonds are payable from the levy of ad valorem property taxes upon all taxable property in your taxing body without limitation as to rate or amount. The intent of the Debt Reform Act is for the enterprise revenues or the revenue source to be sufficient to pay the debt service on the alternate bonds so that taxes need not be levied, or, if levied, need not be extended, for such payment. The Debt Reform Act prescribes several conditions that must be met before alternate bonds may be issued. First, alternate bonds must be issued for a lawful corporate purpose. If issued in lieu of revenue bonds (as described below), then the revenue bonds must have been authorized under applicable law (including satisfying any backdoor referendum requirements) and the alternate bonds must be issued for the purpose for which the revenue bonds were authorized. If issued payable from a revenue source limited in its purposes or applications, then the alternate bonds must be issued only for such limited purposes or applications. Second, alternate bonds are subject to a backdoor referendum. The issuance of alternate bonds must be submitted to referendum if, within 30 days after publication of the authorizing ordinance and notice of intent to issue the alternate bonds, a petition is filed. The petition must be signed by the greater of (i) 7.5% of your registered voters or (ii) the lesser of 200 of the registered voters or 15% of the registered voters, asking that the issuance of the alternate bonds be submitted to referendum. Backdoor referendum proceedings for revenue bonds and for alternate bonds to be issued in lieu of revenue bonds may be conducted at the same time. Notwithstanding the previous paragraph, in governmental units with fewer than 500,000 inhabitants that propose to issue alternate bonds payable solely from enterprise revenues, except for alternate bonds that finance or refinance projects concerning public utilities, public streets and roads or public safety facilities and related infrastructure and equipment, if no petition is filed within 45 days of publication of the authorizing ordinance and notice, the alternate bonds may be issued. For purposes of this paragraph, the required number of petitioners for a governmental unit with more than 4,000 registered voters is the lesser of (i) 5% of the registered voters or (ii) 5,000 registered voters and the required number of petitioners for a governmental unit with 4,000 or fewer registered voters is the lesser of (i) 15% of the registered voters or (ii) 200 registered voters. Third, you must demonstrate that the enterprise revenues are, or that the revenue source is, sufficient to meet the requirements of the Debt Reform Act. If enterprise revenues are pledged as security for the alternate bonds, you must demonstrate that such revenues are sufficient in each year to pay all of the following: (a) costs of operation and maintenance of the utility or enterprise, excluding depreciation; (b) debt service on all outstanding revenue bonds payable from such enterprise revenues; Page 13 (c) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds; (d) other contractual or tort liability obligations, if any, payable from such enterprise revenues; and (e) in each year, an amount not less than 1.25 times debt service on all: (i) outstanding alternate bonds payable from such enterprise revenues; and (ii) the alternate bonds proposed to be issued. If one or more revenue sources are pledged as security for the alternate bonds, you must demonstrate that such revenue sources are sufficient in each year to provide not less than 1.25 times (1.10 times if the revenue source is a government revenue source) debt service on all outstanding alternate bonds payable from such revenue source and on the alternate bonds proposed to be issued. You need not meet the test described in this paragraph for the amount of debt service set aside at closing from bond proceeds or other moneys. The determination of the sufficiency of enterprise revenues or revenue source or sources, as applicable, must be supported by reference to the most recent audit of the governmental unit, which must be for a fiscal year ending on a date that is not more than 18 months prior to the date of issuance of the alternate bonds. If such audit does not adequately show such enterprise revenues or revenue source, as applicable, or if such enterprise revenues or revenue source, as applicable, are shown to be insufficient, then the determination of sufficiency must be supported by the report of an independent accountant or feasibility analyst, the latter having a national reputation for expertise in such matters, who is not otherwise involved in the project being financed or refinanced with the proceeds of the alternate bonds, demonstrating the sufficiency of such revenues and explaining, if appropriate, by what means the revenues will be greater than as shown in the audit. Alternate bonds may be issued to refund alternate bonds without meeting any of the conditions set forth above if the term of the refunding bonds is not longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds does not exceed the debt service payable in such year on the refunded bonds. Alternate bonds are not regarded or included in any computation of indebtedness for the purpose of any statutory provision or limitation unless taxes, other than a designated revenue source, are extended to pay the bonds. In the event taxes are extended, the amount of alternate bonds then outstanding counts against your debt limit until your audit shows that the alternate bonds have been paid from the pledged enterprise revenues or revenue source for a complete fiscal year. In the event of default in required payments of interest or principal, the holders of alternate bonds have certain rights under state law to compel you to increase the pledged revenues or have the tax levy extended for such payment. Debt Certificates. You may issue "debt certificates" to evidence your payment obligation under an installment contract or lease. Your governing body may provide for the treasurer, comptroller, finance officer or other officer of the governing body charged with financial administration to act as counterparty to the installment contract or lease, as nominee- seller or lessor. The installment contract or lease is then executed by your authorized officer and is filed with and executed by the nominee-seller or lessor. As contracts for the acquisition and construction of the project to be financed are executed (the "Work Contracts"), the governing body orders those Work Contracts to be filed with the nominee-seller or lessor. The nominee- seller or lessor identifies the Work Contracts to the particular installment contract or lease. Such identification permits the payment of the Work Contracts from the proceeds of the debt certificates. Page 14 Debt certificates are paid from your lawfully available funds. You are expected to agree to annually budget/appropriate amounts to pay the principal of and interest on the debt certificates. There is no separate levy available for the purpose of making such payments. Debt certificates constitute a debt. In the event of default in required payments of interest or principal, the holders of the debt certificates cannot compel you to impose a tax levy, but you have promised the holders of the debt certificates that you will pay the debt certificates and they can proceed to file suit to enforce such promise. Special Service Area Bonds. When special services are provided to a particular contiguous area within a municipality, in addition to the services generally provided throughout the municipality, a municipality may create a special service area. The cost of the special services may be paid from taxes levied upon the taxable real property within the area, and such taxes may be levied in the special service area at a rate or amount sufficient to produce revenues required to provide the special services. Prior to the first levy of taxes in the special service area and prior to or within 60 days after the adoption of the ordinance proposing the establishment of the special service area, you are required to hold a public hearing and to publish and mail notice of such hearing. At the public hearing, any interested person may file written objections or give oral statements with respect to the establishment of the special service area and the levy of taxes therein. As a result of the hearing, you may delete areas from the special service area as long as the remaining area is contiguous. After the hearing, an ordinance establishing the special service area must be timely filed with the county recorder and the county clerk. Bonds secured by the full faith and credit of the special service area territory may be issued for the purpose of providing special services. Such bonds are paid from the levy of taxes unlimited as to rate or amount against the taxable real property in the special service area. The county clerk will annually extend taxes against all of the taxable real property in the area in amounts sufficient to pay the principal and interest on the bonds. Such bonds are exempt from the Extension Limitation Law of the State of Illinois, as amended. Prior to the issuance of special service area bonds, you must give published and mailed notice and hold a hearing at which any interested person may file written objections, or be heard orally, with respect to the issuance of the bonds. The questions of the creation of the special service area, the levy of a tax on such area and the issuance of special service area bonds may all be considered at the same hearing. The creation of the special service area, the levy of a tax within the area and the issuance of bonds for the provision of special services to the area are subject to a petition process. If, within 60 days after the public hearing, a petition signed by not less than 51% of the electors residing within the special service area and 51% of the owners of record of land located within the special service area is filed with the municipal clerk objecting to the creation of the special service area, the levy of a tax or the issuance of bonds, then the area may not be created, the tax may not be levied and the bonds may not be issued. If such a petition is filed, the subject matter of the petition may not be proposed relative to any of the signatories within the next two years. Special service area bonds do not constitute an indebtedness of the municipality, and no exercise of your taxing power may be compelled on behalf of the special service area bondholders other than the ad valorem property taxes to be extended on the taxable real property in the special service area. Revenue Bonds. "Revenue bonds" are debt securities that are payable only from a specific source or sources of revenues. Revenue bonds are not a pledge of your full faith and credit and you are obligated to pay principal and interest on your revenue bonds only from the revenue source(s) specifically pledged to the bonds. Revenue bonds do not permit the bondholders to compel you to impose a tax levy for payment of debt service. Pledged revenues may be derived from operation of the financed project or system, grants or excise or other specified taxes. Generally, subject to state law or local charter requirements, you are not required to obtain voter approval prior to issuance of revenue bonds. Revenue bonds may, however, be subject to a backdoor referendum. If the specified source(s) of revenue become inadequate, a default in payment of principal or Page 15 interest may occur. Various types of pledges of revenue may be used to secure interest and principal payments on revenue bonds. The nature of these pledges may differ widely based on state law, the type of issuer, the type of revenue stream and other factors. Some revenue bonds, referred to as conduit revenue bonds, may be issued by a governmental issuer acting as conduit for the benefit of a private sector entity or a 50l(c)(3) organization (the obligor). Conduit revenue bonds commonly are issued for not-for-profit hospitals, educational institutions, single and multi-family housing, airports, industrial or economic development projects, and student loan programs, among other obligors. Principal and interest on conduit revenue bonds normally are paid exclusively from revenues pledged by the obligor. Unless otherwise specified under the terms of the bonds, you are not required to make payments of principal or interest if the obligor defaults. Tax Increment Financing. Tax increment financing provides a means for municipalities, after the approval of a "redevelopment plan and project," to redevelop blighted, conservation or industrial park conservation areas. The Tax Increment Allocation Redevelopment Act of the State of Illinois, as amended, allows incremental property taxes to be used to pay certain redevelopment project costs and to pay debt service with respect to tax increment bonds issued to pay redevelopment project costs. The municipality is authorized to issue tax increment bonds payable from, and secured by, incremental property tax revenues expected to be generated in the redevelopment project area. Incremental property tax revenues are derived from the increase in the current equalized assessed valuation of the real property within the redevelopment project area over and above the certified initial equalized assessed valuation for such redevelopment project area. Before adopting the necessary ordinances to designate a redevelopment project area, a municipality must hold a public hearing and convene a joint review board to consider the proposal. At the public hearing, any interested person or taxing district may file written objections and may give oral statements with respect to the proposed financing. After the municipality has considered all comments made by the public and the joint review board, it may adopt the necessary ordinances to designate a redevelopment project area. Tax increment bonds may be secured by the full faith and credit of the municipality. The issuance of general obligation tax increment bonds is subject to a "backdoor," rather than a direct, referendum. Once a municipality has authorized the issuance of tax increment obligations secured by its full faith and credit, the ordinance authorizing the issuance must be published in a newspaper of general circulation in the municipality. In response, voters may petition to request that the question of issuing obligations using the full faith and credit of the municipality as security to pay for redevelopment project costs be submitted to the electors of the municipality. If, within 30 days after the publication, l0% of the registered voters of the municipality sign such a petition, the question of whether to issue tax increment bonds secured by the municipality's full faith and credit must be approved by the voters pursuant to referendum. Such bonds are not exempt from the Extension Limitation Law unless first approved at referendum. Tax increment revenues may also be treated as a "revenue source" and be pledged to the payment of alternate bonds under Section 15 of the Debt Reform Act. Risk Considerations Certain risks may arise in connection with your issuance of Municipal Bonds, including some or all of the following (generally, the obligor, rather than you, will bear these risks for conduit revenue bonds): Issuer Default Risk. You may be in default if the funds pledged to secure your bonds are not sufficient to pay debt service on the bonds when due. The consequences of a default may be serious for you and, depending on applicable state law and the terms of the authorizing documents, the holders of the bonds, the trustee and any credit support provider may be able to exercise a range of available remedies against you. For example, if the Page 16 bonds are secured by a general obligation pledge, you may be ordered by a court to raise taxes. Other budgetary adjustments also may be necessary to enable you to provide sufficient funds to pay debt service on the bonds. If the bonds are revenue bonds or alternate bonds, you may be required to take steps to increase the available revenues that are pledged as security for the bonds. A default may negatively impact your credit ratings and may effectively limit your ability to publicly offer bonds or other securities at market interest rate levels. Further, if you are unable to provide sufficient funds to remedy the default, subject to applicable state law and the terms of the authorizing documents, you may find it necessary to consider available alternatives under state law, including (for some issuers) state-mandated receivership or bankruptcy. A default also may occur if you are unable to comply with covenants or other provisions agreed to in connection with the issuance of the bonds. This description is only a brief summary of issues relating to defaults and is not intended as legal advice. You should consult with your bond counsel for further information regarding defaults and remedies. Redemption Risk. Your ability to redeem the bonds prior to maturity may be limited, depending on the terms of any optional redemption provisions. In the event that interest rates decline, you may be unable to take advantage of the lower interest rates to reduce debt service. Refinancing Risk. If your financing plan contemplates refinancing some or all of the bonds at maturity (for example, if you have term maturities or if you choose a shorter final maturity than might otherwise be permitted under the applicable federal tax rules), market conditions or changes in law may limit or prevent you from refinancing those bonds when required. Further, limitations in the federal tax rules on advance refunding of bonds (an advance refunding of bonds occurs when tax-exempt bonds are refunded more than 90 days prior to the date on which those bonds may be retired) may restrict your ability to refund the bonds to take advantage of lower interest rates. Reinvestment Risk. You may have proceeds of the bonds to invest prior to the time that you are able to spend those proceeds for the authorized purpose. Depending on market conditions, you may not be able to invest those proceeds at or near the rate of interest that you are paying on the bonds, which is referred to as "negative arbitrage." Tax Compliance Risk. The issuance of tax-exempt bonds is subject to a number of requirements under the United States Internal Revenue Code, as enforced by the Internal Revenue Service (IRS). You must take certain steps and make certain representations prior to the issuance of tax-exempt bonds. You also must covenant to take certain additional actions after issuance of the tax-exempt bonds. A breach of your representations or your failure to comply with certain tax-related covenants may cause the interest on the bonds to become taxable retroactively to the date of issuance of the bonds, which may result in an increase in the interest rate that you pay on the bonds or the mandatory redemption of the bonds. The IRS also may audit you or your bonds, in some cases on a random basis and in other cases targeted to specific types of bond issues or tax concerns. If the bonds are declared taxable, or if you are subject to audit, the market price of your bonds may be adversely affected. Further, your ability to issue other tax-exempt bonds also may be limited. This description of tax compliance risks is not intended as legal advice and you should consult with your bond counsel regarding tax implications of issuing the bonds. Randall S. Kulat Phone: 312.876.7877 Fax: (312) 876-0288 randall.kulat@saul.com www.saul.com 161 North Clark  Suite 4200  Chicago, IL 60601 Phone: (312) 876-7100  Fax: (312) 876-0288 CALIFORNIA DELAWARE FLORIDA ILLINOIS MARYLAND MASSACHUSETTS MINNESOTA NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC A DELAWARE LIMITED LIABILITY PARTNERSHIP May 8, 2024 Mr. Rob Fredrickson Finance Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Re: Representation of the United City of Yorkville, Kendall County, Illinois as bond counsel for issuance of its alternate revenue public work facilities bonds Dear Rob: Thank you for giving Saul Ewing LLP (the “Firm”) the opportunity to represent the above- referenced client (the “Client”) with respect to the issuance by the Client of its Alternate Revenue Public Work Facilities Bonds (the “Bonds”). The Rules of Professional Conduct, which govern the activities of lawyers, and the Firm’s internal guidelines, provide for the establishment of the terms of the engagement at the outset of our work. Please read this letter carefully and once we begin work on your behalf the terms set forth in this letter are binding. Scope Of Services: The Firm will provide the following services (the “Engagement”): We have been engaged to act as bond counsel for the issuance of the Bonds by the Client. Our services as bond counsel will include the following services: (a) to advise the Client in connection with the issuance of the Bonds and the sale of the Bonds in either a private placement and/or a public offering, (b) to assist in the drafting and negotiation of any and all legal documents relative to the issuance of the Bonds, including a Bond Ordinance and other resolutions, and, if necessary, (c) to issue standard unqualified opinion(s) and if necessary with customary exceptions regarding the validity of the Bonds and the exemption of interest on the Bonds from federal income taxes (the “Bond Opinion”). Unless we are otherwise separately engaged in writing to perform other services, our duties shall not include services as issuer’s counsel, disclosure counsel, underwriter’s counsel or bank counsel with respect to the sale of the Bonds in either a private placement and/or a public offering thereof, nor shall our services include the performance of any “blue sky” review or the preparation of any memoranda concerning state securities laws. In addition, we will not make an investigation or express any view as to the creditworthiness of the Client or the Bonds. United City of Yorkville May 8, 2024 Page 2 If a Bond Opinion is necessary, it may be executed and delivered on the date the Bonds are exchanged for their purchase price and will be based on facts and law existing as of its date. In rendering the Bond Opinion, we will rely on representations of the Client set forth in the bond documents, the certified proceedings and other certifications of public officials and other persons (including certifications as to the use of proceeds of the Bonds and various tax matters), without undertaking to verify such matters by independent investigation, and we will assume continuing compliance by the Client with all applicable laws relating to the Bonds and related bond documents. We do not review the financial condition of the Client or the adequacy of any security provided to Bond holders. As bond counsel, we will assist the Client in various aspects of preparing an official statement or other disclosure documents with respect to the public sale of the Bonds, but we will not be responsible for performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document. We understand that Underwriter’s Counsel may be selected at a later date, and will assist the Client in (a) the preparation of the official statement, and (b) will advise with respect to compliance with state and federal securities laws. In any public offering of the Bonds, we would expect the underwriter and the Client to evidence compliance with the current standards for full disclosure by the delivery of appropriate officers’ certificates and opinions of counsel relating to the accuracy and completeness of the information included in the official statement. If an official statement is approved by the Client, our responsibility with respect to such official statement will be limited to the preparation or review of any description or summary therein of the Bonds, the Bond Ordinance and the Bond Opinion. Unless previously terminated, our representation of the Client will terminate upon our sending our final statement for services rendered in this matter. Nevertheless, following the issuance of the Bonds, we will prepare and provide to the parties involved in the issuance of the Bonds a transcript of bond documents in electronic format (the “Closing Transcript”). The Client is engaging the Firm as bond counsel to provide legal services specifically in connection with the issuance of the Bonds and, following the issuance of the Bonds, the delivery of the Closing Transcript to the Client. After completion of the issuance of the Bonds, changes may occur in the applicable laws or regulations that could have an impact upon the Client’s future rights and liabilities. Unless the Client engages us in writing after completion of the current engagement to provide additional advice on issues arising from the current engagement, the Firm has no continuing obligation to advise the Client with respect to the bond issuance, including future legal developments. Specifically, we do not undertake (unless separately engaged in writing) to (a) provide continuing advice to the Client concerning any actions necessary to assure that interest paid on the Bonds will continue to be excluded from gross income for federal income tax purposes, (b) represent the Client in Internal Revenue Service examinations or inquiries, or Securities Exchange Commission investigations or inquiries, (c) perform arbitrage rebate calculations for the Bonds, or (d) provide continuing disclosure services with respect to the Bonds. This Engagement is not intended to encompass any matter in which the professional services of the Firm or any of its attorneys will entail entering an appearance or representing the Client in any litigation, dispute resolution process, or in any adversary proceeding before any United City of Yorkville May 8, 2024 Page 3 agency or tribunal; any such matter will require an additional, separate, and specific engagement letter. Our sole client in this Engagement is the entity identified as the Client in the subject line of this letter. Our agreement is not an agreement to represent any affiliates or related individuals or owners or any officers, directors, partners, members, shareholders, employees, independent contractors, or agents of the Client, unless we have specifically agreed to do so elsewhere in this letter or by separate written agreement. Unless specifically mentioned as part of the Engagement described above, the Firm does not undertake to: (1) identify potentially applicable insurance coverage (either primary or excess) or indemnification agreements; (2) provide notice to potentially responsible insurers (either primary or excess) or indemnitors; (3) provide any advice or other legal services relating to tax laws (state, federal or local) or federal or state securities laws, including appearing or practicing before the U.S. Securities and Exchange Commission (SEC) or the disclosure obligations under such laws; (4) provide any advice or other legal services relating to the Corporate Transparency Act (CTA), including determining whether filings are required, filing with the United States Department of the Treasury, Financial Crimes Enforcement Network (“FinCen”), or monitoring or updating any existing or future CTA filings made with FinCen; or (5) provide administrative services for the payment of U.S. patent maintenance fees or non-U.S. patent annuity fees. Although the Firm provides its best advice regarding potential exposure, damages, and timing, the Firm is unable to determine, much less guarantee, when a court will rule or what schedule it will set or when or how another party will respond. Further, the outcome of any engagement may turn on factors outside our control and although the Firm may provide its views and advice, any such statements should not be interpreted as a promise or guarantee. Client agrees to disclose to the Firm if the Client has given a third party an interest in the outcome of this Engagement through any understanding or agreement (such as an agreement with a litigation funding firm or an assignment of any claims). Standard Terms Of Engagement: Enclosed is a copy of our Standard Terms Of Engagement which, except if otherwise provided by state law, describe in greater detail the basis upon which we provide services to our clients. This letter and the Standard Terms Of Engagement together comprise the terms of this Engagement with the Firm. To the extent that the terms of this letter and those of the Standard Terms Of Engagement are inconsistent, the terms of this letter will control. Please review both documents carefully and contact me with any questions about them or our relationship. As set forth in more detail in the Standard Terms Of Engagement, an estimate of fees and costs is not a maximum or fixed fee quotation and expressions of probable or possible outcomes are not guarantees about future developments. The Firm maintains errors and omissions insurance applicable to the legal services rendered to Client. Applicability To Future Engagements: The terms and conditions of our representation contained in this letter and in the accompanying copy of our Standard Terms Of Engagement shall also apply to any future engagement that we agree to perform for the Client, unless we send a United City of Yorkville May 8, 2024 Page 4 separate engagement letter or other communication for such future engagement which may include different terms and an updated Standard Terms Of Engagement. With respect to any such future engagement, the Firm will check for conflicts of interest as appropriate and such future engagements may be subject to different financial terms as may be agreed to by the Firm and the Client. Fees & Costs: We have agreed to perform the services described in the Scope of Services above for a fixed fee of $50,000. In the event the issuance of the Bonds close simultaneously with the Client’s Alternate Revenue Water Bonds, our fixed fee for both transactions will be $87,500. To the extent legal services going beyond those described in the Scope of Services above are requested or required, we shall charge for such services on an hourly basis by multiplying the time expended by our attorneys and legal assistants by their respective hourly rates as set by the Firm from time to time. Our current hourly rates generally range from $345 for our most junior attorneys to $1,440 for our most senior partners. Although staffing may change depending on what happens, the lawyer we initially anticipate working on the Engagement is Randall S. Kulat who shall be billed at the rate of $625 an hour to the extent that he is requested or required to perform legal services that go beyond that described in the Scope of Services above. Our rates are reviewed in the last quarter of the calendar year and adjusted as of January 1 of the following year. In addition to legal fees, Client will also be responsible for any costs incurred or disbursements made in connection with the Engagement. Please see the accompanying Standard Terms Of Engagement for more detail. Bills: Fees and expenses will be paid at the closing out of the proceeds of the transaction which is the subject of the Engagement (unless the transaction is delayed for an extensive period, in which case we reserve the right to establish another arrangement for payment for our services). Services rendered after closing and bills for expenses received after closing will be invoiced to the client within a reasonable time thereafter. This will confirm that Client consents to our payment at closing and consents to our withdrawal as counsel on this or any other matter in which we represent Client if payment is not made when agreed or if Client’s conduct causes us to conclude that we should withdraw as counsel under any circumstance permitted or required by the Rules of Professional Conduct. Advance Payment of Fees Retainer: The Firm has decided not to request an advance payment of fees retainer for this Engagement. If payment is unduly delayed or circumstances change, the Firm may, among other things, revisit the need for a retainer. Conflicts of Interest: We have commenced a check for possible conflicts of interest and based on our records and information provided to us, have not discovered any matters which we believe would raise a conflict of interest. If the Client is or becomes aware of any facts which may give rise to a conflict of interest, please contact us immediately. Advance Waiver: The Firm represents many companies and individuals. It is possible that during the Engagement another client may have a dispute with or a matter adverse to the Client unrelated to the Engagement or any subsequent engagement for the Client. Such matters may include a real estate transaction or land use matter, a bankruptcy matter, a financing matter or United City of Yorkville May 8, 2024 Page 5 business counseling or corporate matter, a patent or other intellectual property matter, a labor and employment matter, or even an unrelated litigation matter, including litigation relating to an unrelated patent. This will confirm that the Client agree that the Firm may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to the Engagement, even if the interests of such clients in those other matters are directly adverse to the Client. Client agrees that it will not claim a conflict as a basis for disqualification in such other matter. We agree, however, that the Client’s prospective consent to conflicting representations contained in this paragraph will not apply in any instance where, as a result of our representation of the Client, we have obtained proprietary or other confidential information of a non-public nature that, if known to such other client, could be used in any such matter by such client to the Client’s material disadvantage. Sincerely, Randall S. Kulat Thank you for selecting Saul Ewing LLP to represent the person(s) and en- tity(ies) identified in the accompanying engagement letter as the Client or Clients. Unless expressly modified by the letter accompanying these Stan-dard Terms, or in some other writing entered into by mutual agreement, these terms constitute our agreement with each Client. If Client provides us with outside counsel guidelines or similar client prepared instructions, we agree that the Firm will within a reasonable amount of time consider same and respond as may be appropriate. The terms “Client”, “Clients”, “Engagement”, and “Payor” should be interpreted as they may be defined in the letter accompanying these Standard Terms or, if not addressed therein, by their commonly accepted meanings. For simplicity, this document will refer to all Clients in the singular as Client. Please review these Standard Terms carefully and please bring any questions to our attention. The Scope of Our Work We will consult with Client about objectives and, when appropriate, the means of achieving them in accordance with available facts, applicable law and the Rules of Professional Conduct governing lawyers. We shall endeavor to keep Client advised of the status of Client’s matters to the ex-tent necessary to enable Client to make informed decisions. We will pro-vide competent representation of Client’s interests. Expressions on our part concerning the probable outcome of our representation will reflect our professional judgment, but are not guarantees, as they are limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Confidentiality We may obtain personal, business (including what may be proprietary in-formation), and other information during the course of our representation, including from our meetings and conversations with Client or from docu- ments or other information provided to us as a result of those meetings and conversations. We may also obtain personal information from others who were asked to give it to us (for example, another attorney or an ac- countant or other professionals whom Client requested cooperate with us). In certain circumstances, we may also obtain information from public records or other persons. Saul Ewing’s policy is to follow the Rules of Pro- fessional Conduct that apply to lawyers and law firms such as ours. Those Rules prevent us and those working for us from revealing information re-lating to our representation unless the Client consents after consultation, except for disclosures that are implicit in the representation or otherwise required by law (for example, a court order or subpoena requiring such dis-closure), or as necessary to enforce or defend the rights of Saul Ewing re- lating to legal services we provide to a client. Correspondingly, we strongly recommend that Client not disclose to third parties or post on social me-dia the substance of our consultations since such conduct may destroy the attorney-client privilege. Finally, Client should consult with us prior to sending us any Protected Health Information as that term is understood under the Health Insurance Portability and Accountability Act (HIPAA) or any personal information covered by the European Union’s General Data Protection Regulation (GDPR). Who Will Provide the Legal ServicesSubject to the supervision of the principal attorney handling Client’s mat- ters, our legal work, or parts of it, may be performed by other lawyers or legal assistants in the Firm. Such use of others may be for the purpose of involving lawyers or legal assistants with particular knowledge in a given area or for the purpose of otherwise providing service in the most efficient manner and on a timely basis. Client ResponsibilitiesClient agrees to pay our invoices for services and expenses as provided in the letter accompanying these Standard Terms and set forth below. In addition, Client agrees to be candid and cooperative with us and to keep us informed with complete and accurate factual information, doc- uments, and other communications relevant to the subject matter of our representation or otherwise reasonably requested by us or as may be re-quired by law or court order. Because it is important that we be able to contact Client regarding our representation, Client agrees to inform us, in writing, of any changes in the name, address, telephone number, contact person, e-mail address, state of incorporation, or other relevant changes regarding Client’s business. We recommend that client avoid using con- sumer cloud file storage and transfer sites, such as Dropbox or Google Drive, to transfer files to us. The Firm has a number of secure, encrypted mechanisms and virtual data rooms for file sharing and transfer that can serve in this capacity and provide an elevated level of protection. We also recommend that Client avoid using text messages to communicate with us because, among other things, of security and confidentiality concerns. In addition, if our engagement is about a personal matter or a matter in which Client’s employer is a counterparty, we recommend that Client not use work email for communications with us and instead use a personal email address from a non-work computer. Whenever we need instructions or authorization in order to proceed with legal work on Client’s behalf, we will contact Client at the latest contact information we have received. We agree that we may use non-encrypted email for Client communications unless the law requires or the Client specifically directs that we use en- crypted email communications. If Client affiliates with, acquires, is ac- quired by, or merges with another company, Client agree to provide us with sufficient notice to permit us to evaluate whether we may need to withdraw from our representation if we determine that such affiliation, acquisition, or merger creates a conflict of interest between any of our current or future clients and the other party to such affiliation, acquisition, or merger, or if we determine that it is not in the best interests of our Firm to represent the new entity. How Fees Will Be Set We will keep reasonably accurate records of the time we devote to all aspects of our engagement, including, without limitation, conferences with the Client, witnesses, consultants, court personnel and others, con-ferences among our legal personnel, factual investigation, legal research and analysis, responding to any request to provide information to Client’s auditors or to other third parties, drafting of letters, pleadings, briefs, con-tracts, and other documents, travel time, waiting time in court and time in depositions and other discovery proceedings, negotiations and related STANDARD TERMS OF ENGAGEMENT FOR LEGAL SERVICES matters. We record our time in units of tenths of an hour. Upon request, we will furnish the current hourly rates of the lawyers and legal assis- tants we expect will be working on Client’s matters and an estimate of the amount of fees and costs likely to be incurred in connection with a particular matter. Because legal representation and fees are dependent on a number of factors, some of which are outside our control, any esti-mate is not, however, a maximum or fixed fee quotation unless specifical- ly stated to be such. We will endeavor to keep Client apprised periodically of the level of fees incurred, if Client requests. While it is not our usual policy to accept representations on a fixed fee basis, we may do so with respect to certain specifically defined services. In those circumstances, the fixed fee arrangements will be expressed in writing setting forth the amount of the fee and the scope of the services to be provided. We also undertake representations on a contingent fee basis, if appropriate. Sub- ject to the applicable Rules of Professional Conduct, any contingent fee arrangement will be expressed in writing stating the method by which the fee is to be determined, including, in litigation matters, the percentage or percentages that will accrue to us in the event of settlement, trial or ap-peal, and whether litigation or other expenses are to be deducted before or after the fee is calculated. Upon conclusion of a contingent fee matter, we will provide Client with a written statement showing the remittance, if any, and the method of its determination. Expenses Generally, we may pay on Client’s behalf a variety of expenses arising in connection with legal services, provided such expenses, individually and in the aggregate, are in a reasonable amount. These expenses will be billed to Client, normally on a monthly basis after receipt of invoices from service providers. However, significant expenses will be referred directly to Client for payment unless special arrangements are made. Some examples of expenses that may arise in connection with legal services are filing fees, deposition and transcript costs, witness fees, charges by outside experts and consultants, as well as other legal counsel, travel expenses, and ex- press mail and courier services. All such costs, whether paid by us, are incurred by us as Client’s agent, and Client agrees that these costs will be paid promptly on a regular basis. Client also agrees to pay promptly, on a regular basis, all expenses incurred by us internally, such as electronic document hosting and review as well as automated document production expenses, computerized legal research charges, staff overtime costs and reproduction costs. Certain of our items may be charged at our direct cost plus a reasonable allocation of overhead expenses directly associated with the items. For example, the volume of litigation discovery materials to be processed and reviewed has increased substantially in recent years, as have e-discovery costs. Saul Ewing has therefore contracted with an experienced e-discovery vendor to pay a flat fee per month for processing, hosting and storing electronic documents for cases falling within certain parameters (such as the amount of data, number of custodians, etc.). This arrangement permits us to offer Clients e-discovery services at below market prices. However, the flat-fee arrangement makes a dollar-for-dollar pass-through impossible to calculate. Thus, unless Client chooses to use another vendor, Saul Ewing will charge an amount based on usage, includ- ing a reasonable allocation for overhead. This will permit Client to achieve a savings over typical e-discovery costs. If in connection with our engage-ment we are required to form a business entity or obtain certifications or copies of documents from state offices, we may obtain those services from a company which is owned by Saul Ewing, such as ATA Corporate Services, LLC or ATA of Maryland, Inc. (collectively, “ATA”). ATA provides the same services available from competing commercial service providers at a competitive cost (generally lesser) to our clients. It is Client’s choice as to which service provider we use. In the absence of any direction, we will most likely use ATA. Billing Detailed billing information will be provided upon request. We reserve the right to charge 1% per month interest (or such other rate as may be per- mitted under applicable law) on any bill outstanding more than 30 days. If a delinquency continues and Client does not arrange payment terms satisfactory to us, we may pursue collection of Client’s account and, sub- ject to applicable law, we may withdraw from the Client representation. Client agrees to pay the costs of collecting any such delinquency, includ- ing court costs and reasonable attorneys’ fees. We reserve the right to decline requests for an early payment discount. We also reserve the right to charge as a cost an amount equal to any fee we must pay if Client chooses to pay us by credit card. Estimates Of Fees And Costs Although we may be able to provide an estimate of our fees for the En-gagement, we are not able to predict them with precision. This is because the work necessary to complete the Engagement is subject to a variety of factors not fully under our control. In transactional matters, such factors may include the following: problems relating to satisfaction of closing requirements, such as title or survey issues; the extent of negotiations and of changes in the transaction documents; and the diligence of op-posing counsel in completing those tasks for which it is responsible. In litigation matters, such factors may include the following: the extent and nature of discovery sought by the other parties involved; the number of, and extent of preparation required for, witnesses; the timing of any settlement discussions; the need to file motions or to respond to those filed by another party; and, the discovery and schedules established by the court. Also, it is our experience that near or at the date scheduled for trial, cases are often postponed for significant periods of time due to conflicts in scheduling encountered by the court; thus necessitating additional costs to re-prepare for trial at a later date. Should a matter go to judgment or final decision, there may be post-judgment proceedings or an appeal may ensue, entailing additional fees and expenses, postponing the final resolution of the matter and perhaps even requiring a retrial of the matter. In addition, if the case is protracted or if the issues change, the legal personnel providing legal services may have to change, possibly resulting in additional time as new personnel acquaint themselves with the relevant facts and law. Thus, depending upon the circumstances of the Engagement, the assumptions underlying our estimate of fees may change over time. Aspects Of Third Party Payor Engagements The Firm’s professional duties and responsibilities will be unaffected by a third party payor. Examples of a Third Party Payor engagement include those undertaken pursuant to a policy of insurance or because another company or person has agreed to pay the legal fees and costs on Client’s behalf. In such a situation, unless separate arrangements have been made with the Firm, the Firm shall represent Client solely with regard to covered claims (that is, claims for which the insurer or other payor has agreed to advance fees and costs) and subject to any reservations of rights letter from the Payor. In the event that a dispute arises between the Client and the Payor regarding the Payor’s obligations to the Client or any other mat-ter, Saul Ewing LLP will not be able to represent the Client in that dispute, nor will we be able to represent the Payor in any such dispute with Client. If we become aware of a possible dispute regarding the Payor’s obligations to Client, we will notify Client of that fact so that Client may seek separate counsel as to that matter. Client should understand we may be required to make regular reports to the Payor concerning the Engagement. Such reports may include information regularly developed in the course of the Engagement, unless for some reason Client specifically instructs us not to forward some confidential information to the Payor. Such an instruction may, depending on the terms of the agreement between Client and Payor, affect the Payor’s obligation to indemnify Client and/or to pay Client’s legal fees and costs. We will consult and confer with Client concerning all ma-terial developments in the engagement including, in litigation matters, any settlement opportunities. Client should be aware that the Payor may have the contractual right to settle a litigation or other form of disputed matter. Should the Payor decide to avail itself of such a contractual right, we would inform Client of that fact before taking any final action. Aspects Of Multiple Client Engagements In situations where we are asked to represent a number of Clients as a group, we recommend that each Client consult separate counsel to repre- sent that Client’s individual interests with respect to that Client’s individual current or potential issues. We particularly urge Client to consult separate counsel concerning any matter in which Client perceives that Client’s in- terests may conflict with the interests of the other Clients. We also expect and encourage Client to consult with such individual counsel at any time and on any matter on which Client wishes to receive specific and individu- ally tailored advice. We will provide information regarding the Engagement to such individual counsel, as part of our services to the group of Clients. We also expect that any such counsel will assist in identifying conflicts that may arise in the course of our work and inform us appropriately, and we will advise such member of the group of Clients with respect to such conflicts. Our work in this Engagement is to represent all of the members of the group of Clients as a group collectively. Consequently, we will not promote or advocate the interests of any one or more of the Clients indi-vidually. As mentioned in the accompanying letter, there may be issues related to the Engagement that would affect one or more Clients differently due to that Client’s unique circumstances (of which Saul Ewing may or may not be aware); and, where conflicts or disparate interests arise, it may be necessary or appropriate for any of the Clients to engage separate counsel on an individual basis. While we will try to explain the significance and effect of the material issues to all Clients, we may not know facts specific to any one of the Clients and therefore may not realize that such explana- tions might be warranted in particular circumstances. We will, however, endeavor to keep all Clients informed on a regular basis about our work for the entire group of Clients. Additional DisclosureThe Rules of Professional Conduct for attorneys are restrictive as to the disclosure of confidential client information. It is specifically agreed that the Firm shall be and is hereby granted all general, possessory, and retain-ing liens and all equitable, special and attorney’s charging liens upon Cli- ent’s interest both in any balance due, owing and unpaid at the conclusion of the case or the termination of the Firm’s employment, whichever event is first, as well as in all other assets the Client may have. Such lien(s) shall relate back to the beginning of the Engagement and shall be superior in dignity to any other lien subsequent to the date thereof. This Agreement may be disclosed by and to the Court, and the Firm shall be entitled to file a Notice and Claim of Attorney’s Charging Lien, and a Notice of Lis Pendens with regard to Client’s interest in any real property upon which a lien may be claimed. Notwithstanding any specific right or remedy set forth herein, these remedies shall not be exclusive and shall be cumula- tive upon all other rights and remedies set forth herein or allowed by this Engagement or by law. It is possible that we may wish to place a brief summary of a matter or matters involving our representation of Client in our advertising materi- als. If we do, we will not use Client’s name without prior approval and we will not reveal confidential client information. If Client does not wish to consent to this, or if there are any questions, please let us know as soon as possible. Sometimes, we are asked to disclose whether we represent clients in a given industry or market segment as part of the process of being retained by a new client. Client agrees that we may disclose our representation herein on condition that no confidential information about our represen- tation of Client is disclosed. Conclusion of Representation; Retention and Disposition of Documents Unless previously terminated, our representation of Client will terminate upon our completion of currently outstanding assignment(s) or delivery of final documents for execution. At Client’s request, Client’s papers and property will be returned upon receipt of payment for outstanding fees and costs. Upon a conclusion of a representation, we will return original files to Client. Any materials maintained in electronic document manage- ment systems may, at our sole decision, be deleted after the conclusion of the representation. Our own files pertaining to the matter may be retained by the Firm. These Firm files include, for example, firm administrative re- cords, time and expense reports, personnel and staffing materials, and credit and accounting records; and internal lawyers’ work product such as drafts, notes, internal memoranda, and legal and factual research, includ- ing investigative reports, prepared by or for the internal use of lawyers. All such documents retained by the Firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, subject to applicable law, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. Firm’s Right to Consult Internal CounselThe Firm’s lawyers from time to time may have questions about legal and ethical matters relating to the representation of our clients. When such questions arise, we encourage the lawyers to consult our internal General Counsel and Deputy General Counsel. We believe that such consultation benefits both our clients and the Firm. For this consultation to be most effective, our lawyers must be completely open and candid in their com-munications with the Firm’s counsel. It is therefore important that these communications be privileged and confidential and not be available to third parties, including clients whose representation may be the subject of the communication. To avoid any question in this regard, Client con- sents and agrees that our lawyers involved in a representation for Client may consult with the Firm’s internal General Counsel and Deputy General Counsel and that any such communication, even at a time when we con- tinue to represent Client, will be treated as confidential in this way and subject to the Firm’s attorney-client privilege. TerminationClient may terminate our representation at any time, with or without cause, by notifying us. If such termination occurs, Client’s papers and property will be returned promptly after our receipt of payment for all fees and expenses. Our own files pertaining to the matter may be retained by us. Client’s termination will not affect Client’s responsibility for payment of legal services rendered and expenses paid or incurred on Client’s be-half before we receive Client’s notice of termination and in connection with an orderly transition of the matter. The Rules of Professional Con- duct governing lawyers list several types of conduct or circumstances that require or allow us to withdraw from representing Client, including, for example, non-payment of fees or costs, misrepresentation or failure to disclose material facts, actions contrary to our advice, and conflict of interest with another client. We try to identify in advance and discuss any situations which may lead to our withdrawal. In any event, if withdrawal becomes necessary or prudent, we will give Client reasonable notice of that fact. If we elect or are asked to withdraw, Client agrees to cooperate with us by executing any documents necessary to evidence the termina- tion of our representation, in court or otherwise, and we will be entitled to be paid for all legal services rendered and expenses paid or incurred on Client’s behalf before withdrawal and in connection with the orderly transition of the matter. If any claim or action is brought against us or any personnel of our Firm and such claim arises from Client’s negligence or misconduct (for example, a motion for sanctions for failure to provide dis- covery), Client agrees to hold us harmless and indemnify us for all dam-ages and expenses incurred. Right to Arbitrate If Client has questions about the amount of our fee, please discuss them with the principal attorney contact. In the event of a fee dispute which is not resolved, Client has the right to request arbitration under supervi- sion of the state or local bar association for the jurisdictions in which we practice. However, we also have the right to pursue collection of Client’s account in an appropriate court. * * *We suggest that you retain these Standard Terms and refer to it if you have questions. REV 11/15/2022 Randall S. Kulat Phone: 312.876.7877 Fax: (312) 876-0288 randall.kulat@saul.com www.saul.com 161 North Clark  Suite 4200  Chicago, IL 60601 Phone: (312) 876-7100  Fax: (312) 876-0288 CALIFORNIA DELAWARE FLORIDA ILLINOIS MARYLAND MASSACHUSETTS MINNESOTA NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC A DELAWARE LIMITED LIABILITY PARTNERSHIP May 8, 2024 Mr. Rob Fredrickson Finance Director United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Re: Representation of the United City of Yorkville, Kendall County, Illinois as bond counsel for issuance of its alternate revenue water bonds Dear Rob: Thank you for giving Saul Ewing LLP (the “Firm”) the opportunity to represent the above- referenced client (the “Client”) with respect to the issuance by the Client of its Alternate Revenue Water Bonds (the “Bonds”). The Rules of Professional Conduct, which govern the activities of lawyers, and the Firm’s internal guidelines, provide for the establishment of the terms of the engagement at the outset of our work. Please read this letter carefully and once we begin work on your behalf the terms set forth in this letter are binding. Scope Of Services: The Firm will provide the following services (the “Engagement”): We have been engaged to act as bond counsel for the issuance of the Bonds by the Client. Our services as bond counsel will include the following services: (a) to advise the Client in connection with the issuance of the Bonds and the sale of the Bonds in either a private placement and/or a public offering, (b) to assist in the drafting and negotiation of any and all legal documents relative to the issuance of the Bonds, including a Bond Ordinance and other resolutions, and, if necessary, (c) to issue standard unqualified opinion(s) and if necessary with customary exceptions regarding the validity of the Bonds and the exemption of interest on the Bonds from federal income taxes (the “Bond Opinion”). Unless we are otherwise separately engaged in writing to perform other services, our duties shall not include services as issuer’s counsel, disclosure counsel, underwriter’s counsel or bank counsel with respect to the sale of the Bonds in either a private placement and/or a public offering thereof, nor shall our services include the performance of any “blue sky” review or the preparation of any memoranda concerning state securities laws. In addition, we will not make an investigation or express any view as to the creditworthiness of the Client or the Bonds. United City of Yorkville May 8, 2024 Page 2 If a Bond Opinion is necessary, it may be executed and delivered on the date the Bonds are exchanged for their purchase price and will be based on facts and law existing as of its date. In rendering the Bond Opinion, we will rely on representations of the Client set forth in the bond documents, the certified proceedings and other certifications of public officials and other persons (including certifications as to the use of proceeds of the Bonds and various tax matters), without undertaking to verify such matters by independent investigation, and we will assume continuing compliance by the Client with all applicable laws relating to the Bonds and related bond documents. We do not review the financial condition of the Client or the adequacy of any security provided to Bond holders. As bond counsel, we will assist the Client in various aspects of preparing an official statement or other disclosure documents with respect to the public sale of the Bonds, but we will not be responsible for performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document. We understand that Underwriter’s Counsel may be selected at a later date, and will assist the Client in (a) the preparation of the official statement, and (b) will advise with respect to compliance with state and federal securities laws. In any public offering of the Bonds, we would expect the underwriter and the Client to evidence compliance with the current standards for full disclosure by the delivery of appropriate officers’ certificates and opinions of counsel relating to the accuracy and completeness of the information included in the official statement. If an official statement is approved by the Client, our responsibility with respect to such official statement will be limited to the preparation or review of any description or summary therein of the Bonds, the Bond Ordinance and the Bond Opinion. Unless previously terminated, our representation of the Client will terminate upon our sending our final statement for services rendered in this matter. Nevertheless, following the issuance of the Bonds, we will prepare and provide to the parties involved in the issuance of the Bonds a transcript of bond documents in electronic format (the “Closing Transcript”). The Client is engaging the Firm as bond counsel to provide legal services specifically in connection with the issuance of the Bonds and, following the issuance of the Bonds, the delivery of the Closing Transcript to the Client. After completion of the issuance of the Bonds, changes may occur in the applicable laws or regulations that could have an impact upon the Client’s future rights and liabilities. Unless the Client engages us in writing after completion of the current engagement to provide additional advice on issues arising from the current engagement, the Firm has no continuing obligation to advise the Client with respect to the bond issuance, including future legal developments. Specifically, we do not undertake (unless separately engaged in writing) to (a) provide continuing advice to the Client concerning any actions necessary to assure that interest paid on the Bonds will continue to be excluded from gross income for federal income tax purposes, (b) represent the Client in Internal Revenue Service examinations or inquiries, or Securities Exchange Commission investigations or inquiries, (c) perform arbitrage rebate calculations for the Bonds, or (d) provide continuing disclosure services with respect to the Bonds. This Engagement is not intended to encompass any matter in which the professional services of the Firm or any of its attorneys will entail entering an appearance or representing the United City of Yorkville May 8, 2024 Page 3 Client in any litigation, dispute resolution process, or in any adversary proceeding before any agency or tribunal; any such matter will require an additional, separate, and specific engagement letter. Our sole client in this Engagement is the entity identified as the Client in the subject line of this letter. Our agreement is not an agreement to represent any affiliates or related individuals or owners or any officers, directors, partners, members, shareholders, employees, independent contractors, or agents of the Client, unless we have specifically agreed to do so elsewhere in this letter or by separate written agreement. Unless specifically mentioned as part of the Engagement described above, the Firm does not undertake to: (1) identify potentially applicable insurance coverage (either primary or excess) or indemnification agreements; (2) provide notice to potentially responsible insurers (either primary or excess) or indemnitors; (3) provide any advice or other legal services relating to tax laws (state, federal or local) or federal or state securities laws, including appearing or practicing before the U.S. Securities and Exchange Commission (SEC) or the disclosure obligations under such laws; (4) provide any advice or other legal services relating to the Corporate Transparency Act (CTA), including determining whether filings are required, filing with the United States Department of the Treasury, Financial Crimes Enforcement Network (“FinCen”), or monitoring or updating any existing or future CTA filings made with FinCen; or (5) provide administrative services for the payment of U.S. patent maintenance fees or non-U.S. patent annuity fees. Although the Firm provides its best advice regarding potential exposure, damages, and timing, the Firm is unable to determine, much less guarantee, when a court will rule or what schedule it will set or when or how another party will respond. Further, the outcome of any engagement may turn on factors outside our control and although the Firm may provide its views and advice, any such statements should not be interpreted as a promise or guarantee. Client agrees to disclose to the Firm if the Client has given a third party an interest in the outcome of this Engagement through any understanding or agreement (such as an agreement with a litigation funding firm or an assignment of any claims). Standard Terms Of Engagement: Enclosed is a copy of our Standard Terms Of Engagement which, except if otherwise provided by state law, describe in greater detail the basis upon which we provide services to our clients. This letter and the Standard Terms Of Engagement together comprise the terms of this Engagement with the Firm. To the extent that the terms of this letter and those of the Standard Terms Of Engagement are inconsistent, the terms of this letter will control. Please review both documents carefully and contact me with any questions about them or our relationship. As set forth in more detail in the Standard Terms Of Engagement, an estimate of fees and costs is not a maximum or fixed fee quotation and expressions of probable or possible outcomes are not guarantees about future developments. The Firm maintains errors and omissions insurance applicable to the legal services rendered to Client. United City of Yorkville May 8, 2024 Page 4 Applicability To Future Engagements: The terms and conditions of our representation contained in this letter and in the accompanying copy of our Standard Terms Of Engagement shall also apply to any future engagement that we agree to perform for the Client, unless we send a separate engagement letter or other communication for such future engagement which may include different terms and an updated Standard Terms Of Engagement. With respect to any such future engagement, the Firm will check for conflicts of interest as appropriate and such future engagements may be subject to different financial terms as may be agreed to by the Firm and the Client. Fees & Costs: We have agreed to perform the services described in the Scope of Services above for a fixed fee of $45,000. In the event the issuance of the Bonds close simultaneously with the Client’s Alternate Revenue Public Works Facility Bonds, our fixed fee for both transactions will be $87,500. To the extent legal services going beyond those described in the Scope of Services above are requested or required, we shall charge for such services on an hourly basis by multiplying the time expended by our attorneys and legal assistants by their respective hourly rates as set by the Firm from time to time. Our current hourly rates generally range from $345 for our most junior attorneys to $1,440 for our most senior partners. Although staffing may change depending on what happens, the lawyer we initially anticipate working on the Engagement is Randall S. Kulat who shall be billed at the rate of $625 an hour to the extent that he is requested or required to perform legal services that go beyond that described in the Scope of Services above. Our rates are reviewed in the last quarter of the calendar year and adjusted as of January 1 of the following year. In addition to legal fees, Client will also be responsible for any costs incurred or disbursements made in connection with the Engagement. Please see the accompanying Standard Terms Of Engagement for more detail. Bills: Fees and expenses will be paid at the closing out of the proceeds of the transaction which is the subject of the Engagement (unless the transaction is delayed for an extensive period, in which case we reserve the right to establish another arrangement for payment for our services). Services rendered after closing and bills for expenses received after closing will be invoiced to the client within a reasonable time thereafter. This will confirm that Client consents to our payment at closing and consents to our withdrawal as counsel on this or any other matter in which we represent Client if payment is not made when agreed or if Client’s conduct causes us to conclude that we should withdraw as counsel under any circumstance permitted or required by the Rules of Professional Conduct. Advance Payment of Fees Retainer: The Firm has decided not to request an advance payment of fees retainer for this Engagement. If payment is unduly delayed or circumstances change, the Firm may, among other things, revisit the need for a retainer. Conflicts of Interest: We have commenced a check for possible conflicts of interest and based on our records and information provided to us, have not discovered any matters which we believe would raise a conflict of interest. If the Client is or becomes aware of any facts which may give rise to a conflict of interest, please contact us immediately. United City of Yorkville May 8, 2024 Page 5 Advance Waiver: The Firm represents many companies and individuals. It is possible that during the Engagement another client may have a dispute with or a matter adverse to the Client unrelated to the Engagement or any subsequent engagement for the Client. Such matters may include a real estate transaction or land use matter, a bankruptcy matter, a financing matter or business counseling or corporate matter, a patent or other intellectual property matter, a labor and employment matter, or even an unrelated litigation matter, including litigation relating to an unrelated patent. This will confirm that the Client agree that the Firm may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to the Engagement, even if the interests of such clients in those other matters are directly adverse to the Client. Client agrees that it will not claim a conflict as a basis for disqualification in such other matter. We agree, however, that the Client’s prospective consent to conflicting representations contained in this paragraph will not apply in any instance where, as a result of our representation of the Client, we have obtained proprietary or other confidential information of a non-public nature that, if known to such other client, could be used in any such matter by such client to the Client’s material disadvantage. Sincerely, Randall S. Kulat Thank you for selecting Saul Ewing LLP to represent the person(s) and en- tity(ies) identified in the accompanying engagement letter as the Client or Clients. Unless expressly modified by the letter accompanying these Stan-dard Terms, or in some other writing entered into by mutual agreement, these terms constitute our agreement with each Client. If Client provides us with outside counsel guidelines or similar client prepared instructions, we agree that the Firm will within a reasonable amount of time consider same and respond as may be appropriate. The terms “Client”, “Clients”, “Engagement”, and “Payor” should be interpreted as they may be defined in the letter accompanying these Standard Terms or, if not addressed therein, by their commonly accepted meanings. For simplicity, this document will refer to all Clients in the singular as Client. Please review these Standard Terms carefully and please bring any questions to our attention. The Scope of Our Work We will consult with Client about objectives and, when appropriate, the means of achieving them in accordance with available facts, applicable law and the Rules of Professional Conduct governing lawyers. We shall endeavor to keep Client advised of the status of Client’s matters to the ex-tent necessary to enable Client to make informed decisions. We will pro-vide competent representation of Client’s interests. Expressions on our part concerning the probable outcome of our representation will reflect our professional judgment, but are not guarantees, as they are limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Confidentiality We may obtain personal, business (including what may be proprietary in-formation), and other information during the course of our representation, including from our meetings and conversations with Client or from docu- ments or other information provided to us as a result of those meetings and conversations. We may also obtain personal information from others who were asked to give it to us (for example, another attorney or an ac- countant or other professionals whom Client requested cooperate with us). In certain circumstances, we may also obtain information from public records or other persons. Saul Ewing’s policy is to follow the Rules of Pro- fessional Conduct that apply to lawyers and law firms such as ours. Those Rules prevent us and those working for us from revealing information re-lating to our representation unless the Client consents after consultation, except for disclosures that are implicit in the representation or otherwise required by law (for example, a court order or subpoena requiring such dis-closure), or as necessary to enforce or defend the rights of Saul Ewing re- lating to legal services we provide to a client. Correspondingly, we strongly recommend that Client not disclose to third parties or post on social me-dia the substance of our consultations since such conduct may destroy the attorney-client privilege. Finally, Client should consult with us prior to sending us any Protected Health Information as that term is understood under the Health Insurance Portability and Accountability Act (HIPAA) or any personal information covered by the European Union’s General Data Protection Regulation (GDPR). Who Will Provide the Legal ServicesSubject to the supervision of the principal attorney handling Client’s mat- ters, our legal work, or parts of it, may be performed by other lawyers or legal assistants in the Firm. Such use of others may be for the purpose of involving lawyers or legal assistants with particular knowledge in a given area or for the purpose of otherwise providing service in the most efficient manner and on a timely basis. Client ResponsibilitiesClient agrees to pay our invoices for services and expenses as provided in the letter accompanying these Standard Terms and set forth below. In addition, Client agrees to be candid and cooperative with us and to keep us informed with complete and accurate factual information, doc- uments, and other communications relevant to the subject matter of our representation or otherwise reasonably requested by us or as may be re-quired by law or court order. Because it is important that we be able to contact Client regarding our representation, Client agrees to inform us, in writing, of any changes in the name, address, telephone number, contact person, e-mail address, state of incorporation, or other relevant changes regarding Client’s business. We recommend that client avoid using con- sumer cloud file storage and transfer sites, such as Dropbox or Google Drive, to transfer files to us. The Firm has a number of secure, encrypted mechanisms and virtual data rooms for file sharing and transfer that can serve in this capacity and provide an elevated level of protection. We also recommend that Client avoid using text messages to communicate with us because, among other things, of security and confidentiality concerns. In addition, if our engagement is about a personal matter or a matter in which Client’s employer is a counterparty, we recommend that Client not use work email for communications with us and instead use a personal email address from a non-work computer. Whenever we need instructions or authorization in order to proceed with legal work on Client’s behalf, we will contact Client at the latest contact information we have received. We agree that we may use non-encrypted email for Client communications unless the law requires or the Client specifically directs that we use en- crypted email communications. If Client affiliates with, acquires, is ac- quired by, or merges with another company, Client agree to provide us with sufficient notice to permit us to evaluate whether we may need to withdraw from our representation if we determine that such affiliation, acquisition, or merger creates a conflict of interest between any of our current or future clients and the other party to such affiliation, acquisition, or merger, or if we determine that it is not in the best interests of our Firm to represent the new entity. How Fees Will Be Set We will keep reasonably accurate records of the time we devote to all aspects of our engagement, including, without limitation, conferences with the Client, witnesses, consultants, court personnel and others, con-ferences among our legal personnel, factual investigation, legal research and analysis, responding to any request to provide information to Client’s auditors or to other third parties, drafting of letters, pleadings, briefs, con-tracts, and other documents, travel time, waiting time in court and time in depositions and other discovery proceedings, negotiations and related STANDARD TERMS OF ENGAGEMENT FOR LEGAL SERVICES matters. We record our time in units of tenths of an hour. Upon request, we will furnish the current hourly rates of the lawyers and legal assis- tants we expect will be working on Client’s matters and an estimate of the amount of fees and costs likely to be incurred in connection with a particular matter. Because legal representation and fees are dependent on a number of factors, some of which are outside our control, any esti-mate is not, however, a maximum or fixed fee quotation unless specifical- ly stated to be such. We will endeavor to keep Client apprised periodically of the level of fees incurred, if Client requests. While it is not our usual policy to accept representations on a fixed fee basis, we may do so with respect to certain specifically defined services. In those circumstances, the fixed fee arrangements will be expressed in writing setting forth the amount of the fee and the scope of the services to be provided. We also undertake representations on a contingent fee basis, if appropriate. Sub- ject to the applicable Rules of Professional Conduct, any contingent fee arrangement will be expressed in writing stating the method by which the fee is to be determined, including, in litigation matters, the percentage or percentages that will accrue to us in the event of settlement, trial or ap-peal, and whether litigation or other expenses are to be deducted before or after the fee is calculated. Upon conclusion of a contingent fee matter, we will provide Client with a written statement showing the remittance, if any, and the method of its determination. Expenses Generally, we may pay on Client’s behalf a variety of expenses arising in connection with legal services, provided such expenses, individually and in the aggregate, are in a reasonable amount. These expenses will be billed to Client, normally on a monthly basis after receipt of invoices from service providers. However, significant expenses will be referred directly to Client for payment unless special arrangements are made. Some examples of expenses that may arise in connection with legal services are filing fees, deposition and transcript costs, witness fees, charges by outside experts and consultants, as well as other legal counsel, travel expenses, and ex- press mail and courier services. All such costs, whether paid by us, are incurred by us as Client’s agent, and Client agrees that these costs will be paid promptly on a regular basis. Client also agrees to pay promptly, on a regular basis, all expenses incurred by us internally, such as electronic document hosting and review as well as automated document production expenses, computerized legal research charges, staff overtime costs and reproduction costs. Certain of our items may be charged at our direct cost plus a reasonable allocation of overhead expenses directly associated with the items. For example, the volume of litigation discovery materials to be processed and reviewed has increased substantially in recent years, as have e-discovery costs. Saul Ewing has therefore contracted with an experienced e-discovery vendor to pay a flat fee per month for processing, hosting and storing electronic documents for cases falling within certain parameters (such as the amount of data, number of custodians, etc.). This arrangement permits us to offer Clients e-discovery services at below market prices. However, the flat-fee arrangement makes a dollar-for-dollar pass-through impossible to calculate. Thus, unless Client chooses to use another vendor, Saul Ewing will charge an amount based on usage, includ- ing a reasonable allocation for overhead. This will permit Client to achieve a savings over typical e-discovery costs. If in connection with our engage-ment we are required to form a business entity or obtain certifications or copies of documents from state offices, we may obtain those services from a company which is owned by Saul Ewing, such as ATA Corporate Services, LLC or ATA of Maryland, Inc. (collectively, “ATA”). ATA provides the same services available from competing commercial service providers at a competitive cost (generally lesser) to our clients. It is Client’s choice as to which service provider we use. In the absence of any direction, we will most likely use ATA. Billing Detailed billing information will be provided upon request. We reserve the right to charge 1% per month interest (or such other rate as may be per- mitted under applicable law) on any bill outstanding more than 30 days. If a delinquency continues and Client does not arrange payment terms satisfactory to us, we may pursue collection of Client’s account and, sub- ject to applicable law, we may withdraw from the Client representation. Client agrees to pay the costs of collecting any such delinquency, includ- ing court costs and reasonable attorneys’ fees. We reserve the right to decline requests for an early payment discount. We also reserve the right to charge as a cost an amount equal to any fee we must pay if Client chooses to pay us by credit card. Estimates Of Fees And Costs Although we may be able to provide an estimate of our fees for the En-gagement, we are not able to predict them with precision. This is because the work necessary to complete the Engagement is subject to a variety of factors not fully under our control. In transactional matters, such factors may include the following: problems relating to satisfaction of closing requirements, such as title or survey issues; the extent of negotiations and of changes in the transaction documents; and the diligence of op-posing counsel in completing those tasks for which it is responsible. In litigation matters, such factors may include the following: the extent and nature of discovery sought by the other parties involved; the number of, and extent of preparation required for, witnesses; the timing of any settlement discussions; the need to file motions or to respond to those filed by another party; and, the discovery and schedules established by the court. Also, it is our experience that near or at the date scheduled for trial, cases are often postponed for significant periods of time due to conflicts in scheduling encountered by the court; thus necessitating additional costs to re-prepare for trial at a later date. Should a matter go to judgment or final decision, there may be post-judgment proceedings or an appeal may ensue, entailing additional fees and expenses, postponing the final resolution of the matter and perhaps even requiring a retrial of the matter. In addition, if the case is protracted or if the issues change, the legal personnel providing legal services may have to change, possibly resulting in additional time as new personnel acquaint themselves with the relevant facts and law. Thus, depending upon the circumstances of the Engagement, the assumptions underlying our estimate of fees may change over time. Aspects Of Third Party Payor Engagements The Firm’s professional duties and responsibilities will be unaffected by a third party payor. Examples of a Third Party Payor engagement include those undertaken pursuant to a policy of insurance or because another company or person has agreed to pay the legal fees and costs on Client’s behalf. In such a situation, unless separate arrangements have been made with the Firm, the Firm shall represent Client solely with regard to covered claims (that is, claims for which the insurer or other payor has agreed to advance fees and costs) and subject to any reservations of rights letter from the Payor. In the event that a dispute arises between the Client and the Payor regarding the Payor’s obligations to the Client or any other mat-ter, Saul Ewing LLP will not be able to represent the Client in that dispute, nor will we be able to represent the Payor in any such dispute with Client. If we become aware of a possible dispute regarding the Payor’s obligations to Client, we will notify Client of that fact so that Client may seek separate counsel as to that matter. Client should understand we may be required to make regular reports to the Payor concerning the Engagement. Such reports may include information regularly developed in the course of the Engagement, unless for some reason Client specifically instructs us not to forward some confidential information to the Payor. Such an instruction may, depending on the terms of the agreement between Client and Payor, affect the Payor’s obligation to indemnify Client and/or to pay Client’s legal fees and costs. We will consult and confer with Client concerning all ma-terial developments in the engagement including, in litigation matters, any settlement opportunities. Client should be aware that the Payor may have the contractual right to settle a litigation or other form of disputed matter. Should the Payor decide to avail itself of such a contractual right, we would inform Client of that fact before taking any final action. Aspects Of Multiple Client Engagements In situations where we are asked to represent a number of Clients as a group, we recommend that each Client consult separate counsel to repre- sent that Client’s individual interests with respect to that Client’s individual current or potential issues. We particularly urge Client to consult separate counsel concerning any matter in which Client perceives that Client’s in- terests may conflict with the interests of the other Clients. We also expect and encourage Client to consult with such individual counsel at any time and on any matter on which Client wishes to receive specific and individu- ally tailored advice. We will provide information regarding the Engagement to such individual counsel, as part of our services to the group of Clients. We also expect that any such counsel will assist in identifying conflicts that may arise in the course of our work and inform us appropriately, and we will advise such member of the group of Clients with respect to such conflicts. Our work in this Engagement is to represent all of the members of the group of Clients as a group collectively. Consequently, we will not promote or advocate the interests of any one or more of the Clients indi-vidually. As mentioned in the accompanying letter, there may be issues related to the Engagement that would affect one or more Clients differently due to that Client’s unique circumstances (of which Saul Ewing may or may not be aware); and, where conflicts or disparate interests arise, it may be necessary or appropriate for any of the Clients to engage separate counsel on an individual basis. While we will try to explain the significance and effect of the material issues to all Clients, we may not know facts specific to any one of the Clients and therefore may not realize that such explana- tions might be warranted in particular circumstances. We will, however, endeavor to keep all Clients informed on a regular basis about our work for the entire group of Clients. Additional DisclosureThe Rules of Professional Conduct for attorneys are restrictive as to the disclosure of confidential client information. It is specifically agreed that the Firm shall be and is hereby granted all general, possessory, and retain-ing liens and all equitable, special and attorney’s charging liens upon Cli- ent’s interest both in any balance due, owing and unpaid at the conclusion of the case or the termination of the Firm’s employment, whichever event is first, as well as in all other assets the Client may have. Such lien(s) shall relate back to the beginning of the Engagement and shall be superior in dignity to any other lien subsequent to the date thereof. This Agreement may be disclosed by and to the Court, and the Firm shall be entitled to file a Notice and Claim of Attorney’s Charging Lien, and a Notice of Lis Pendens with regard to Client’s interest in any real property upon which a lien may be claimed. Notwithstanding any specific right or remedy set forth herein, these remedies shall not be exclusive and shall be cumula- tive upon all other rights and remedies set forth herein or allowed by this Engagement or by law. It is possible that we may wish to place a brief summary of a matter or matters involving our representation of Client in our advertising materi- als. If we do, we will not use Client’s name without prior approval and we will not reveal confidential client information. If Client does not wish to consent to this, or if there are any questions, please let us know as soon as possible. Sometimes, we are asked to disclose whether we represent clients in a given industry or market segment as part of the process of being retained by a new client. Client agrees that we may disclose our representation herein on condition that no confidential information about our represen- tation of Client is disclosed. Conclusion of Representation; Retention and Disposition of Documents Unless previously terminated, our representation of Client will terminate upon our completion of currently outstanding assignment(s) or delivery of final documents for execution. At Client’s request, Client’s papers and property will be returned upon receipt of payment for outstanding fees and costs. Upon a conclusion of a representation, we will return original files to Client. Any materials maintained in electronic document manage- ment systems may, at our sole decision, be deleted after the conclusion of the representation. Our own files pertaining to the matter may be retained by the Firm. These Firm files include, for example, firm administrative re- cords, time and expense reports, personnel and staffing materials, and credit and accounting records; and internal lawyers’ work product such as drafts, notes, internal memoranda, and legal and factual research, includ- ing investigative reports, prepared by or for the internal use of lawyers. All such documents retained by the Firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, subject to applicable law, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. Firm’s Right to Consult Internal CounselThe Firm’s lawyers from time to time may have questions about legal and ethical matters relating to the representation of our clients. When such questions arise, we encourage the lawyers to consult our internal General Counsel and Deputy General Counsel. We believe that such consultation benefits both our clients and the Firm. For this consultation to be most effective, our lawyers must be completely open and candid in their com-munications with the Firm’s counsel. It is therefore important that these communications be privileged and confidential and not be available to third parties, including clients whose representation may be the subject of the communication. To avoid any question in this regard, Client con- sents and agrees that our lawyers involved in a representation for Client may consult with the Firm’s internal General Counsel and Deputy General Counsel and that any such communication, even at a time when we con- tinue to represent Client, will be treated as confidential in this way and subject to the Firm’s attorney-client privilege. TerminationClient may terminate our representation at any time, with or without cause, by notifying us. If such termination occurs, Client’s papers and property will be returned promptly after our receipt of payment for all fees and expenses. Our own files pertaining to the matter may be retained by us. Client’s termination will not affect Client’s responsibility for payment of legal services rendered and expenses paid or incurred on Client’s be-half before we receive Client’s notice of termination and in connection with an orderly transition of the matter. The Rules of Professional Con- duct governing lawyers list several types of conduct or circumstances that require or allow us to withdraw from representing Client, including, for example, non-payment of fees or costs, misrepresentation or failure to disclose material facts, actions contrary to our advice, and conflict of interest with another client. We try to identify in advance and discuss any situations which may lead to our withdrawal. In any event, if withdrawal becomes necessary or prudent, we will give Client reasonable notice of that fact. If we elect or are asked to withdraw, Client agrees to cooperate with us by executing any documents necessary to evidence the termina- tion of our representation, in court or otherwise, and we will be entitled to be paid for all legal services rendered and expenses paid or incurred on Client’s behalf before withdrawal and in connection with the orderly transition of the matter. If any claim or action is brought against us or any personnel of our Firm and such claim arises from Client’s negligence or misconduct (for example, a motion for sanctions for failure to provide dis- covery), Client agrees to hold us harmless and indemnify us for all dam-ages and expenses incurred. Right to Arbitrate If Client has questions about the amount of our fee, please discuss them with the principal attorney contact. In the event of a fee dispute which is not resolved, Client has the right to request arbitration under supervi- sion of the state or local bar association for the jurisdictions in which we practice. However, we also have the right to pursue collection of Client’s account in an appropriate court. * * *We suggest that you retain these Standard Terms and refer to it if you have questions. REV 11/15/2022 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #7 Tracking Number CC 2024-40 Proposed 2024 Water Bond – Authorizing Ordinance City Council – May 14, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024, to finance the transition of water sourcing to Lake Michigan through the DuPage Water Commission (DWC), including necessary capital improvements to enhance the City's water delivery system in alignment with this transition. Background This item was last discussed at the March 26th meeting when City Council adopted a reimbursement resolution for the purposes of reimbursing the (51) Water Fund for any Lake Michigan/DWC water sourcing transition and related capital improvement costs that were incurred prior to the issuance of the proposed bonds. This resolution served two primary objectives: (1) it enabled the City to reimburse itself for any project-related expenses incurred within 60 days prior to the passage of the reimbursement resolution using future bond proceeds; and (2) it grants the City the flexibility to issue a bond at any time over the next 36 months (through January 2027), starting from the date that project related costs were first incurred. The next step in the issuance process would be the passage of an Intent to Issue Ordinance (i.e., the “Authorizing Ordinance”). The Authorizing Ordinance first authorizes the City to issue water revenue bonds but then provides that, under the Debt Reform Act, the City can issue ARS bonds in lieu of its water revenue bonds. The Authorizing Ordinance sets out that because water revenue bonds have been authorized, the City can issue its ARS bonds in lieu thereof in compliance with the Debt Reform Act. Moreover, the Authorizing Ordinance (Exhibit A), establishes the maximum amount of principal that could be issued, which is presently capped in the ordinance at $25 million. As shown in attached debt service schedule (Exhibit C), the bonds are currently projected to provide a total of $22.496 million in proceeds ($22.455 million in principal, plus a premium of $291,140, less issuance costs of $250,000). However, Council always reserves the right to issue the bonds for less than that amount, should it choose to do so. Besides setting the maximum principal amount for the potential bond issue, the Authorizing Ordinance also establishes what projects the City may use the bond proceeds on. As noted in the appended ordinance, the 2024 Water bond proceeds could be spent on any qualifying project that enhances the City’s Water “System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water.” Furthermore, it is important to note that all proposed bond proceeds would be allocated to WIFIA eligible capital projects, thus fulfilling the City’s 20% match requirement for the impending WIFIA loan. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 8, 2024 Subject: Ordinance Authorizing the Issuance of the 2024 Water Bonds The Authorizing Ordinance also identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed 2024 Water bonds consist of (1) Water Fund net revenues (i.e., revenues less operating expenses) from the City’s water system; (2) any revenues derived from a places of eating tax (recently implemented on January 1, 2024); and (3) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (i.e., a portion of fund equity can be used to cover the additional 25% pledge requirement over actual debt service amounts at 100%). In contrast to the WIFIA loan, which relies on projected figures for its revenue pledge, the proposed 2024 Water bonds would be fully backed by existing revenues within the Water Fund, as detailed in the FY 2023 audited financial statements. Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient number of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the ARS bonds would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed 2024 Water bond issue, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the debt issuance, thus finalizing the issuance process. As previously noted, staff recommends the concurrent issuance of the proposed 2024 water bonds alongside the proposed Public Works/Parks facility bonds, in order to minimize issuance costs. After thorough analysis of the City’s cash position, staff is confident in the sufficiency of overall cash flow to fully finance all budgeted capital projects until the size and scope of the new Public Works/Park facility is determined later this year. Additionally, the infusion of bond proceeds from this proposed issue would enhance cash flow management within the Water Fund. This is particularly beneficial considering the timing intricacies associated with capital projects tied to the DWC/Lake Michigan water sourcing initiative and would also serve to mitigate any potential delays in financing from WIFIA. Also included is a preliminary debt service schedule (prepared by Speer Financial), which shows annual debt service amounts fluctuating between $1.0 and $1.9 million over a 25-year timeframe, which is the same timeframe outlined in the FY 25 Adopted Budget. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024. 51949207.2 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the enhancement of the City’s water delivery system, the City Council would consider the adoption of an ordinance authorizing the issuance of its water revenue bonds or, in lieu thereof, its general obligation alternate revenue bonds pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to issue such bonds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City has owned and operated a municipally-owned water supply system (the “System”) under and pursuant to the provisions of Division 129 of Article 11 of the Code; and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication 2 costs and other expenses, does not exceed $25,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS, pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project (the “Revenue Bonds”), subject to right of backdoor petition for referendum; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue (a) the Revenue Bonds in an aggregate amount not to exceed $25,000,000 payable from the revenue derived from the operation of the System, or (b) in lieu thereof, its general obligation alternate revenue bonds (the “Alternate Bonds”), which Alternate Bonds shall be in an aggregate amount not to exceed $25,000,000 and be payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Revenues”), as authorized to be issued at this time pursuant to the Debt Reform Act; and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Bonds; and 3 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the issuance of its Revenue Bonds, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $25,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before Revenue Bonds or, in lieu thereof, the Alternate Bonds may be issued for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose there are hereby authorized to be issued and sold by the City its Revenue Bonds in an aggregate principal amount not to exceed $25,000,000 or, in lieu thereof, its Alternate Bonds in an aggregate principal amount not to exceed $25,000,000. The issuance of the Revenue Bonds or, in lieu thereof, the 4 Alternate Bonds shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of a bond ordinance setting forth the terms for the issuance and sale thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the issuance of the Revenue Bonds therefor be submitted to the electors of this City is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Revenue Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Revenue Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. If no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the issuance of the Alternate Bonds be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Alternate Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Alternate Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general 5 election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the issuance of the Revenue Bonds be submitted to a referendum, the Alternate Bonds shall not be authorized to be issued until such time as the issuance of the Revenue Bonds shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to issue the Revenue Bonds or, in lieu thereof, the Alternate Bonds shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO ISSUE $25,000,000 REVENUE BONDS OR, IN LIEU THEREOF, $25,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to issue its revenue bonds, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in an aggregate amount of not to exceed $25,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such revenue bonds are sold (the “Revenue Bonds”) or, in lieu thereof, its general obligation alternate revenue bonds in an aggregate amount of not to exceed $25,000,000 (the “Alternate Bonds”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The revenue sources for the payment of the Alternate Bonds will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund. If these revenue sources are insufficient to pay the Alternate Bonds, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on the Alternate Bonds. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the issuance of the Revenue Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Revenue Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Revenue Bonds for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that 2 the issuance of the Alternate Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Alternate Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Alternate Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the issuance and sale of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and prescribing all the details of the Revenue Bonds or, in lieu thereof, the Alternate Bonds, so long as the maximum amount of the Revenue Bonds or, in lieu thereof, the Alternate Bonds as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION –REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $25,000,000 revenue bonds to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said revenue bonds to be the revenues of the City’s water delivery system?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $25,000,000 Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said revenue bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2024. __________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $25,000,000 general obligation alternate revenue bonds to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) the net revenues derived from the operation of the City’s water delivery system, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund, unless said revenue sources are insufficient to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $25,000,000 Alternate Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $25,000,000 General Obligation Alternate Revenue Bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to sell bonds in the amount of not to exceed $25,000,000 (the “Bonds”) for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning -2- the City Council’s intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED $25,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed $25,000,000 for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of Premium/5Yr Call Bond Selection of Call D 5 Proof of D/S for Arbitrage Purposes 6 Proof of Bond Yield @ 4.2006727%7 Detail Costs Of Issuance 8 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Sources & Uses Dated 08/21/2024 | Delivered 08/21/2024 Sources Of Funds Par Amount of Bonds $22,455,000.00 Reoffering Premium 470,799.70 Total Sources $22,925,799.70 Uses Of Funds Total Underwriter's Discount (0.800%)179,640.00 Costs of Issuance 250,000.00 Deposit to Project Fund 22,496,159.70 Total Uses $22,925,799.70 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 1 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/21/2024 ----- 06/30/2025 --843,237.40 843,237.40 - 12/30/2025 --491,206.25 491,206.25 - 04/30/2026 ----1,334,443.65 06/30/2026 --491,206.25 491,206.25 - 12/30/2026 --491,206.25 491,206.25 - 04/30/2027 ----982,412.50 06/30/2027 --491,206.25 491,206.25 - 12/30/2027 --491,206.25 491,206.25 - 04/30/2028 ----982,412.50 06/30/2028 --491,206.25 491,206.25 - 12/30/2028 --491,206.25 491,206.25 - 04/30/2029 ----982,412.50 06/30/2029 --491,206.25 491,206.25 - 12/30/2029 --491,206.25 491,206.25 - 04/30/2030 ----982,412.50 06/30/2030 --491,206.25 491,206.25 - 12/30/2030 --491,206.25 491,206.25 - 04/30/2031 ----982,412.50 06/30/2031 --491,206.25 491,206.25 - 12/30/2031 --491,206.25 491,206.25 - 04/30/2032 ----982,412.50 06/30/2032 --491,206.25 491,206.25 - 12/30/2032 --491,206.25 491,206.25 - 04/30/2033 ----982,412.50 06/30/2033 --491,206.25 491,206.25 - 12/30/2033 --491,206.25 491,206.25 - 04/30/2034 ----982,412.50 06/30/2034 --491,206.25 491,206.25 - 12/30/2034 910,000.00 5.000%491,206.25 1,401,206.25 - 04/30/2035 ----1,892,412.50 06/30/2035 --468,456.25 468,456.25 - 12/30/2035 960,000.00 5.000%468,456.25 1,428,456.25 - 04/30/2036 ----1,896,912.50 06/30/2036 --444,456.25 444,456.25 - 12/30/2036 1,010,000.00 5.000%444,456.25 1,454,456.25 - 04/30/2037 ----1,898,912.50 06/30/2037 --419,206.25 419,206.25 - 12/30/2037 1,060,000.00 4.000%419,206.25 1,479,206.25 - 04/30/2038 ----1,898,412.50 06/30/2038 --398,006.25 398,006.25 - 12/30/2038 1,110,000.00 4.000%398,006.25 1,508,006.25 - 04/30/2039 ----1,906,012.50 06/30/2039 --375,806.25 375,806.25 - 12/30/2039 1,145,000.00 4.000%375,806.25 1,520,806.25 - 04/30/2040 ----1,896,612.50 06/30/2040 --352,906.25 352,906.25 - 12/30/2040 1,190,000.00 4.000%352,906.25 1,542,906.25 - 04/30/2041 ----1,895,812.50 06/30/2041 --329,106.25 329,106.25 - 12/30/2041 1,240,000.00 4.000%329,106.25 1,569,106.25 - 04/30/2042 ----1,898,212.50 06/30/2042 --304,306.25 304,306.25 - 12/30/2042 1,290,000.00 4.250%304,306.25 1,594,306.25 - 04/30/2043 ----1,898,612.50 06/30/2043 --276,893.75 276,893.75 - 12/30/2043 1,340,000.00 4.250%276,893.75 1,616,893.75 - 04/30/2044 ----1,893,787.50 06/30/2044 --248,418.75 248,418.75 - 12/30/2044 1,400,000.00 4.250%248,418.75 1,648,418.75 - 04/30/2045 ----1,896,837.50 06/30/2045 --218,668.75 218,668.75 - 12/30/2045 1,465,000.00 4.250%218,668.75 1,683,668.75 - 04/30/2046 ----1,902,337.50 06/30/2046 --187,537.50 187,537.50 - 12/30/2046 1,520,000.00 4.500%187,537.50 1,707,537.50 - 04/30/2047 ----1,895,075.00 06/30/2047 --153,337.50 153,337.50 - 12/30/2047 1,595,000.00 4.500%153,337.50 1,748,337.50 - 04/30/2048 ----1,901,675.00 06/30/2048 --117,450.00 117,450.00 - 12/30/2048 1,665,000.00 4.500%117,450.00 1,782,450.00 - 04/30/2049 ----1,899,900.00 06/30/2049 --79,987.50 79,987.50 - 12/30/2049 1,740,000.00 4.500%79,987.50 1,819,987.50 - 04/30/2050 ----1,899,975.00 06/30/2050 --40,837.50 40,837.50 - 12/30/2050 1,815,000.00 4.500%40,837.50 1,855,837.50 - 04/30/2051 ----1,896,675.00 Total $22,455,000.00 -$19,006,918.65 $41,461,918.65 - Yield Statistics Bond Year Dollars $434,661.38 Average Life 19.357 Years Average Coupon 4.3728106% Net Interest Cost (NIC)4.3058252% True Interest Cost (TIC)4.2669470% Bond Yield for Arbitrage Purposes 4.2006727% All Inclusive Cost (AIC)4.3532895% IRS Form 8038 Net Interest Cost 4.2103910% Weighted Average Maturity 19.203 Years 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 2 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2024 ----- 12/30/2025 --1,334,443.65 1,334,443.65 1,334,443.65 12/30/2026 --982,412.50 982,412.50 982,412.50 12/30/2027 --982,412.50 982,412.50 982,412.50 12/30/2028 --982,412.50 982,412.50 982,412.50 12/30/2029 --982,412.50 982,412.50 982,412.50 12/30/2030 --982,412.50 982,412.50 982,412.50 12/30/2031 --982,412.50 982,412.50 982,412.50 12/30/2032 --982,412.50 982,412.50 982,412.50 12/30/2033 --982,412.50 982,412.50 982,412.50 12/30/2034 910,000.00 5.000%982,412.50 1,892,412.50 1,892,412.50 12/30/2035 960,000.00 5.000%936,912.50 1,896,912.50 1,896,912.50 12/30/2036 1,010,000.00 5.000%888,912.50 1,898,912.50 1,898,912.50 12/30/2037 1,060,000.00 4.000%838,412.50 1,898,412.50 1,898,412.50 12/30/2038 1,110,000.00 4.000%796,012.50 1,906,012.50 1,906,012.50 12/30/2039 1,145,000.00 4.000%751,612.50 1,896,612.50 1,896,612.50 12/30/2040 1,190,000.00 4.000%705,812.50 1,895,812.50 1,895,812.50 12/30/2041 1,240,000.00 4.000%658,212.50 1,898,212.50 1,898,212.50 12/30/2042 1,290,000.00 4.250%608,612.50 1,898,612.50 1,898,612.50 12/30/2043 1,340,000.00 4.250%553,787.50 1,893,787.50 1,893,787.50 12/30/2044 1,400,000.00 4.250%496,837.50 1,896,837.50 1,896,837.50 12/30/2045 1,465,000.00 4.250%437,337.50 1,902,337.50 1,902,337.50 12/30/2046 1,520,000.00 4.500%375,075.00 1,895,075.00 1,895,075.00 12/30/2047 1,595,000.00 4.500%306,675.00 1,901,675.00 1,901,675.00 12/30/2048 1,665,000.00 4.500%234,900.00 1,899,900.00 1,899,900.00 12/30/2049 1,740,000.00 4.500%159,975.00 1,899,975.00 1,899,975.00 12/30/2050 1,815,000.00 4.500%81,675.00 1,896,675.00 1,896,675.00 Total $22,455,000.00 -$19,006,918.65 $41,461,918.65 $41,461,918.65 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 3 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2034 Serial Coupon 5.000%3.250%910,000.00 115.283% ---1,049,075.30 12/30/2035 Serial Coupon 5.000%3.300%960,000.00 114.808%c 3.416%12/30/2034 100.000%1,102,156.80 12/30/2036 Serial Coupon 5.000%3.400%1,010,000.00 113.866%c 3.600%12/30/2034 100.000%1,150,046.60 12/30/2037 Serial Coupon 4.000%3.750%1,060,000.00 102.125%c 3.795%12/30/2034 100.000%1,082,525.00 12/30/2038 Serial Coupon 4.000%3.850%1,110,000.00 101.267%c 3.884%12/30/2034 100.000%1,124,063.70 12/30/2039 Serial Coupon 4.000%3.950%1,145,000.00 100.417%c 3.963%12/30/2034 100.000%1,149,774.65 12/30/2040 Serial Coupon 4.000%4.050%1,190,000.00 99.402% ---1,182,883.80 12/30/2041 Serial Coupon 4.000%4.100%1,240,000.00 98.762% ---1,224,648.80 12/30/2042 Serial Coupon 4.250%4.150%1,290,000.00 100.830%c 4.184%12/30/2034 100.000%1,300,707.00 12/30/2043 Serial Coupon 4.250%4.200%1,340,000.00 100.412%c 4.218%12/30/2034 100.000%1,345,520.80 12/30/2044 Serial Coupon 4.250%4.250%1,400,000.00 100.000% ---1,400,000.00 12/30/2045 Serial Coupon 4.250%4.300%1,465,000.00 99.301% ---1,454,759.65 12/30/2046 Serial Coupon 4.500%4.350%1,520,000.00 101.235%c 4.412%12/30/2034 100.000%1,538,772.00 12/30/2047 Serial Coupon 4.500%4.400%1,595,000.00 100.819%c 4.443%12/30/2034 100.000%1,608,063.05 12/30/2048 Serial Coupon 4.500%4.450%1,665,000.00 100.406%c 4.472%12/30/2034 100.000%1,671,759.90 12/30/2049 Serial Coupon 4.500%4.500%1,740,000.00 100.000% ---1,740,000.00 12/30/2050 Serial Coupon 4.500%4.550%1,815,000.00 99.231% ---1,801,042.65 Total ---$22,455,000.00 -----$22,925,799.70 Bid Information Par Amount of Bonds $22,455,000.00 Reoffering Premium or (Discount)470,799.70 Gross Production $22,925,799.70 Total Underwriter's Discount (0.800%)$(179,640.00) Bid (101.297%)22,746,159.70 Total Purchase Price $22,746,159.70 Bond Year Dollars $434,661.38 Average Life 19.357 Years Average Coupon 4.3728106% Net Interest Cost (NIC)4.3058252% True Interest Cost (TIC)4.2669470% 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 4 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of Premium/5Yr Call Bond Selection of Call Dates/Prices Maturity Call Date Call Price PV at Bond Yield Lowest? 12/30/2035 --1,028,452.94 No 12/30/2035 12/30/2034 100.000%1,023,617.17 Yes 12/30/2036 --1,086,898.66 No 12/30/2036 12/30/2034 100.000%1,076,930.56 Yes 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 5 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/21/2024 --- 06/30/2025 -843,237.40 843,237.40 12/30/2025 -491,206.25 491,206.25 06/30/2026 -491,206.25 491,206.25 12/30/2026 -491,206.25 491,206.25 06/30/2027 -491,206.25 491,206.25 12/30/2027 -491,206.25 491,206.25 06/30/2028 -491,206.25 491,206.25 12/30/2028 -491,206.25 491,206.25 06/30/2029 -491,206.25 491,206.25 12/30/2029 -491,206.25 491,206.25 06/30/2030 -491,206.25 491,206.25 12/30/2030 -491,206.25 491,206.25 06/30/2031 -491,206.25 491,206.25 12/30/2031 -491,206.25 491,206.25 06/30/2032 -491,206.25 491,206.25 12/30/2032 -491,206.25 491,206.25 06/30/2033 -491,206.25 491,206.25 12/30/2033 -491,206.25 491,206.25 06/30/2034 -491,206.25 491,206.25 12/30/2034 2,880,000.00 491,206.25 3,371,206.25 06/30/2035 -419,206.25 419,206.25 12/30/2035 -419,206.25 419,206.25 06/30/2036 -419,206.25 419,206.25 12/30/2036 -419,206.25 419,206.25 06/30/2037 -419,206.25 419,206.25 12/30/2037 1,060,000.00 419,206.25 1,479,206.25 06/30/2038 -398,006.25 398,006.25 12/30/2038 1,110,000.00 398,006.25 1,508,006.25 06/30/2039 -375,806.25 375,806.25 12/30/2039 1,145,000.00 375,806.25 1,520,806.25 06/30/2040 -352,906.25 352,906.25 12/30/2040 1,190,000.00 352,906.25 1,542,906.25 06/30/2041 -329,106.25 329,106.25 12/30/2041 1,240,000.00 329,106.25 1,569,106.25 06/30/2042 -304,306.25 304,306.25 12/30/2042 1,290,000.00 304,306.25 1,594,306.25 06/30/2043 -276,893.75 276,893.75 12/30/2043 1,340,000.00 276,893.75 1,616,893.75 06/30/2044 -248,418.75 248,418.75 12/30/2044 1,400,000.00 248,418.75 1,648,418.75 06/30/2045 -218,668.75 218,668.75 12/30/2045 1,465,000.00 218,668.75 1,683,668.75 06/30/2046 -187,537.50 187,537.50 12/30/2046 1,520,000.00 187,537.50 1,707,537.50 06/30/2047 -153,337.50 153,337.50 12/30/2047 1,595,000.00 153,337.50 1,748,337.50 06/30/2048 -117,450.00 117,450.00 12/30/2048 1,665,000.00 117,450.00 1,782,450.00 06/30/2049 -79,987.50 79,987.50 12/30/2049 1,740,000.00 79,987.50 1,819,987.50 06/30/2050 -40,837.50 40,837.50 12/30/2050 1,815,000.00 40,837.50 1,855,837.50 Total $22,455,000.00 $18,857,918.65 $41,312,918.65 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 6 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of Bond Yield @ 4.2006727% Date Cashflow PV Factor Present Value Cumulative PV 08/21/2024 -1.0000000x -- 06/30/2025 843,237.40 0.9649468x 813,679.20 813,679.20 12/30/2025 491,206.25 0.9450966x 464,237.34 1,277,916.53 06/30/2026 491,206.25 0.9256547x 454,687.37 1,732,603.91 12/30/2026 491,206.25 0.9066128x 445,333.86 2,177,937.77 06/30/2027 491,206.25 0.8879626x 436,172.77 2,614,110.54 12/30/2027 491,206.25 0.8696960x 427,200.13 3,041,310.66 06/30/2028 491,206.25 0.8518053x 418,412.07 3,459,722.73 12/30/2028 491,206.25 0.8342825x 409,804.79 3,869,527.52 06/30/2029 491,206.25 0.8171202x 401,374.57 4,270,902.09 12/30/2029 491,206.25 0.8003110x 393,117.78 4,664,019.87 06/30/2030 491,206.25 0.7838476x 385,030.83 5,049,050.70 12/30/2030 491,206.25 0.7677228x 377,110.25 5,426,160.95 06/30/2031 491,206.25 0.7519298x 369,352.60 5,795,513.56 12/30/2031 491,206.25 0.7364616x 361,754.54 6,157,268.10 06/30/2032 491,206.25 0.7213116x 354,312.78 6,511,580.88 12/30/2032 491,206.25 0.7064733x 347,024.11 6,858,604.99 06/30/2033 491,206.25 0.6919402x 339,885.37 7,198,490.36 12/30/2033 491,206.25 0.6777061x 332,893.49 7,531,383.85 06/30/2034 491,206.25 0.6637648x 326,045.44 7,857,429.29 12/30/2034 3,371,206.25 0.6501103x 2,191,656.04 10,049,085.33 06/30/2035 419,206.25 0.6367367x 266,924.01 10,316,009.34 12/30/2035 419,206.25 0.6236382x 261,433.04 10,577,442.38 06/30/2036 419,206.25 0.6108092x 256,055.03 10,833,497.41 12/30/2036 419,206.25 0.5982440x 250,787.64 11,084,285.05 06/30/2037 419,206.25 0.5859374x 245,628.61 11,329,913.66 12/30/2037 1,479,206.25 0.5738839x 848,892.64 12,178,806.31 06/30/2038 398,006.25 0.5620784x 223,710.70 12,402,517.01 12/30/2038 1,508,006.25 0.5505157x 830,181.08 13,232,698.09 06/30/2039 375,806.25 0.5391909x 202,631.29 13,435,329.38 12/30/2039 1,520,806.25 0.5280990x 803,136.26 14,238,465.64 06/30/2040 352,906.25 0.5172353x 182,535.58 14,421,001.22 12/30/2040 1,542,906.25 0.5065951x 781,628.77 15,202,629.99 06/30/2041 329,106.25 0.4961738x 163,293.90 15,365,923.89 12/30/2041 1,569,106.25 0.4859669x 762,533.64 16,128,457.53 06/30/2042 304,306.25 0.4759699x 144,840.61 16,273,298.14 12/30/2042 1,594,306.25 0.4661786x 743,231.41 17,016,529.55 06/30/2043 276,893.75 0.4565887x 126,426.55 17,142,956.10 12/30/2043 1,616,893.75 0.4471961x 723,068.51 17,866,024.61 06/30/2044 248,418.75 0.4379967x 108,806.58 17,974,831.19 12/30/2044 1,648,418.75 0.4289865x 707,149.38 18,681,980.57 06/30/2045 218,668.75 0.4201617x 91,876.23 18,773,856.80 12/30/2045 1,683,668.75 0.4115184x 692,860.69 19,466,717.49 06/30/2046 187,537.50 0.4030529x 75,587.54 19,542,305.04 12/30/2046 1,707,537.50 0.3947616x 674,070.28 20,216,375.31 06/30/2047 153,337.50 0.3866409x 59,286.54 20,275,661.86 12/30/2047 1,748,337.50 0.3786872x 662,072.97 20,937,734.82 06/30/2048 117,450.00 0.3708971x 43,561.86 20,981,296.69 12/30/2048 1,782,450.00 0.3632672x 647,505.70 21,628,802.38 06/30/2049 79,987.50 0.3557944x 28,459.10 21,657,261.48 12/30/2049 1,819,987.50 0.3484752x 634,220.53 22,291,482.01 06/30/2050 40,837.50 0.3413066x 13,938.11 22,305,420.12 12/30/2050 1,855,837.50 0.3342855x 620,379.58 22,925,799.70 Total $41,312,918.65 -$22,925,799.70 - Derivation Of Target Amount Par Amount of Bonds $22,455,000.00 Reoffering Premium or (Discount)470,799.70 Original Issue Proceeds $22,925,799.70 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 7 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Detail Costs Of Issuance Dated 08/21/2024 | Delivered 08/21/2024 COSTS OF ISSUANCE DETAIL 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 8 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #8 Tracking Number CC 2024-41 Proposed WIFIA Loan – Authorizing Ordinance City Council – May 14, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of a Water Infrastructure Finance and Innovation Act (WIFIA) loan, from the United States Environmental Protection Agency (EPA). Background In 2021, the United City of Yorkville, in collaboration with the Villages of Montgomery and Oswego, formed a partnership, called WaterLink, in order to secure a sustainable drinking water source for its residents across the region. After assessing options, WaterLink chose to partner with the DuPage Water Commission (DWC) to expand its existing transmission system to connect to all WaterLink communities. To facilitate this endeavor, the City will be seeking financial support through the Federal EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program. The City's strategy involves a phased approach, initially pursuing an agreement with the EPA to execute a Master Credit Agreement, followed by securing two WIFIA loans to cover the two phases of the project. Phase I will encompass eight projects, that center on upgrading the City's water system to meet DWC and State standards, at an estimated cost of ~$37 million. Estimated funding from WIFIA for Loan 1 is $29.6 million (80%), with the City to fund the remaining 20% of ~$7.4 million. Phase II will consist of three projects, focusing on the WaterLink connection to DWC, expanding the existing DWC transmission system and the construction of the South Receiving Station and South Receiving Station Standpipe. Phase II expenditures are projected to total around $137 million, with anticipated Loan 2 funding from WIFIA total $109.6 million (City’s portion would be $27.4 million). Similar to a General Obligation (Alternate Revenue Source) Bond, the next step in the WIFIA loan issuance process entails the enactment of an Authorizing Ordinance. This ordinance sets the ceiling for the maximum principal amount that can be issued, currently specified at $160 million (see Exhibit A). With estimated WIFIA-related expenses totaling $139.2 million, this allocation affords the City a margin of flexibility of approximately $20 million to address any unforeseen expenditures or cost increases that may arise. Besides setting the maximum principal amount for the potential loan issue, the Authorizing Ordinance also establishes what projects the City may use the bond proceeds on. As noted in the appended ordinance, WIFIA loan proceeds could be spent on any qualifying project that enhances the City’s Water “System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water.” Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 8, 2024 Subject: Ordinance Authorizing – WIFIA Loan Furthermore, the Authorizing Ordinance identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed WIFIA loan consist of (1) Water Fund net revenues (i.e., revenues less operating expenses) from the City’s water system; (2) any revenues derived from a places of eating tax (recently implemented on January 1, 2024); and (3) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (i.e., a portion of fund equity can be used to cover the additional 25% pledge requirement over actual debt service amounts at 100%). As discussed during the water rate deliberations on April 23rd, Council will eventually need to adopt a multi-year water rate plan, which can be adjusted up or down, depending on actual future water sale revenues. In order to develop a multi-year rate plan, it is recommended that the City conduct a water rate analysis, funding for which has been included in the FY 2025 budget (estimated at $100,000 in Engineering Services – Water Fund). Beyond the obvious reason of establishing a multi-year rate structure, the primary purpose of conducting a water rate analysis is to provide assurance to WIFIA, and other bond holders, that the City will meet its debt coverage requirements. To close on the WIFIA loan and future bond issues for the DWC/Lake Michigan water sourcing project, the City must prove that revenues equal at least 125% of total debt service. If the revenues used to demonstrate coverage are projected and based on future rate increases, those increases must have already been approved by City Council. The projections must be made by an outside firm, not related to the City or the bond/WIFIA loan issuance. Additional materials regarding the scope and timing of a rate study will be presented to Council for consideration at a future meeting. Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient number of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the WIFIA loan would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed WIFIA loan, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the loan issuance, which would be done in conjunction with the closing of the WIFIA loan, currently slated for later 2024 / early 2025. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of a Water Infrastructure Finance and Innovation Act (WIFIA) loan, from the United States Environmental Protection Agency (EPA). 51950004.2 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the enhancement of the City’s water delivery system, the City Council would consider the adoption of an ordinance authorizing the borrowing of a loan payable solely from the revenue derived from the operation of the System or, in lieu thereof, payable from other revenue sources pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to borrow such funds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City has owned and operated a municipally-owned water supply system (the “System”) under and pursuant to the provisions of Division 129 of Article 11 of the Code; and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial and other related banking fees and other expenses, does not exceed $160,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and 2 WHEREAS, pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project, subject to right of backdoor petition for referendum; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, the Debt Reform Act defines a bond as any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including without limitation, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness; and WHEREAS, the City has applied to the United States Environmental Protection Agency (the “EPA”) for a Water Infrastructure Finance and Innovation Act loan (the “WIFIA Loan”) to finance the costs of the Project; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to borrow from the EPA the WIFIA Loan in an aggregate amount not to exceed $160,000,000 and (a) payable from the revenue derived from the operation of the System (a “Revenue-Backed WIFIA Loan”), or (b) in lieu thereof, payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Revenues”), 3 as authorized to be borrowed at this time pursuant to the Debt Reform Act (an “Alternate Revenue WIFIA Loan”); and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Revenue WIFIA Loan, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Revenue WIFIA Loan; and WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Revenue WIFIA Loan which is authorized to be borrowed as an alternate bond pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan, the City is authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan in an aggregate principal amount not to exceed $160,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before the City can borrow the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: 4 Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Borrow the WIFIA Loan. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose the WIFIA Loan is hereby authorized to be borrowed from the EPA as a Revenue-Backed WIFIA Loan in an aggregate principal amount not to exceed $160,000,000 or, in lieu thereof, as an Alternate Revenue WIFIA Loan in an aggregate principal amount not to exceed $160,000,000. The borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of an ordinance setting forth the terms for the borrowing thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan therefor be submitted to the electors of this City is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the City shall be authorized to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5th 5 day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. If no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the borrowing of the WIFIA Loan as an Alternate Revenue WIFIA Loan be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the City shall be authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan be submitted to a referendum, the WIFIA Loan shall not be authorized to be borrowed as an Alternate Revenue WIFIA Loan until such time as the borrowing of the WIFIA Loan as a Revenue- Backed WIFIA Loan shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO BORROW A WIFIA LOAN AS A $160,000,000 REVENUE-BACKED WIFIA LOAN OR, IN LIEU THEREOF, AS AN $160,000,000 ALTERNATE REVENUE WIFIA LOAN AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to borrow a Water Infrastructure Finance and Innovation Act loan (a “WIFIA Loan”) from the United States Environmental Protection Agency, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in an aggregate amount of not to exceed $160,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such WIFIA Loan is borrowed (a “Revenue-Backed WIFIA Loan”) or, in lieu thereof, a general obligation alternate revenue WIFIA Loan in an aggregate amount of not to exceed $160,000,000 (the “Alternate Revenue WIFIA Loan”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The revenue sources for the payment of an Alternate Revenue WIFIA Loan will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund. If these revenue sources are insufficient to pay an Alternate Revenue WIFIA Loan, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on such Alternate Revenue WIFIA Loan. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less 2 than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that the borrowing of the WIFIA Loan as an Alternate Revenue WIFIA Loan be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan and prescribing all the details of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan, so long as the maximum amount of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION –REVENUE-BACKED WIFIA LOAN We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to borrow a Water Infrastructure Finance and Innovation Act loan (“WIFIA Loan”) from the United States Environmental Protection Agency in an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said WIFIA Loan to be the revenues of the City’s water delivery system?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to borrow a Revenue-Backed WIFIA Loan in an aggregate amount not to exceed $160,000,000 was published on the day of , 2024, in the Beacon- News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to borrow said Revenue- Backed WIFIA Loan be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2024. __________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE WIFIA LOAN We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to borrow a Water Infrastructure Finance and Innovation Act loan (“WIFIA Loan”) from the United States Environmental Protection Agency in an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said WIFIA Loan to be (i) the net revenues derived from the operation of the City’s water delivery system, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund, unless said revenue sources are insufficient to pay said WIFIA Loan, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to borrow an Alternate Revenue WIFIA Loan in an aggregate amount not to exceed $160,000,000 was published on the day of , 2024, in the Beacon- News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to borrow said Alternate Revenue WIFIA Loan be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to borrow a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to borrow from the United States Environmental Protection Agency a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 (the “WIFIA Loan”) for the purpose of providing funds for the enhancement of the City’s water delivery system (the “System”), including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to borrow the WIFIA Loan before adopting an ordinance providing for such borrowing and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: -2- 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning the City Council’s intent to borrow the WIFIA Loan and to receive public comments regarding the proposal to borrow the WIFIA Loan (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO BORROW A WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT LOAN IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $160,000,000 FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to borrow a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the City’s water delivery system, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed WIFIA Loan and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance approving the WIFIA Loan for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #9 Tracking Number CC 2024-42 Proposed Public Works/Parks Facility Bond – Authorizing Ordinance City Council – May 14, 2024 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024, for the purposes of land acquisition and the construction of a new Public Works/Parks facility. Background This item was last discussed at the January 24, 2023 City Council meeting. At that meeting, a resolution was adopted for the purposes of reimbursing the City’s (24) Buildings & Grounds Fund for the acquisition of a vacant lot (referred to as Lot 4) within the Yorkville Business Center in December 2022. The lot, acquired at a cost of approximately $1.4 million, has been designated as the future site of a new Public Works and Parks facility. This resolution served two primary objectives: (1) it enabled the City to reimburse itself for any project-related expenses incurred within 60 days prior to the passage of the reimbursement resolution using future bond proceeds; and (2) it grants the City the flexibility to issue a bond at any time over the next 36 months (through December 2025), starting from the date of the land acquisition. The next step in the issuance process would be the passage of the Authorizing Ordinance, which establishes the maximum amount of principal that could be issued, which is presently capped in the attached ordinance at $40 million (Exhibit A). As shown in attached debt service schedule (Exhibit C), the bonds are currently shown to provide a total of $40 million in proceeds ($39.115 million in principal, plus a net premium of $1,276,254, less issuance costs of $391,254). However, Council always reserves the right to issue the bonds for less than that amount, should it choose to do so. In addition to determining the maximum principal amount for the potential bond issue, the Authorizing Ordinance delineates the permissible projects for which the City can allocate the bond proceeds. To afford the City maximum flexibility, the parameters are comprehensive. They encompass a wide array of potential uses, including but not limited to land acquisition, construction of a new Public Works/Parks facility, and various other capital projects within the City. Furthermore, the Authorizing Ordinance identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed 2024 Public Works/Parks facility bonds are income taxes and utility taxes (which are comprised of electric utility, natural gas, cable franchise and telecommunication taxes). Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 7, 2024 Subject: Ordinance Authorizing the Issuance of the 2024 Public Works/Park Facility Bonds Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient amount of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the ARS bonds would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed 2024 Public Works/Parks facility bonds, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the debt issuance, thus finalizing the issuance process. The anticipated issuance of the proposed Public Works/Parks bonds can be carried out at any point prior to December 2025. This timing aligns with the determination of the new facility's size and scope, which is expected to be finalized throughout the Summer and Fall of 2024. Additionally, a preliminary debt service schedule (prepared by Speer Financial) has been appended, illustrating estimated annual debt service amounts hovering around $2.72 million over a 25-year timeframe, which is the same timeframe outlined in the FY 25 Adopted Budget. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024. 51972740.3 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the acquisition of one or more parcels of land and the construction of a new public works facility on any portion thereof, and other capital infrastructure projects within the City, the City Council would consider the adoption of an ordinance authorizing the issuance of its general obligation alternate revenue bonds pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to issue such bonds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to acquire certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, construct a new public works facility thereon, and provide for certain other capital infrastructure projects within the City (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication costs and other expenses, does not exceed $40,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and 2 WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, “Alternate Bonds” (as defined therein) may be issued whenever there exists a revenue source for the City; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue its general obligation alternate revenue bonds (the “Alternate Bonds”), which Alternate Bonds shall be in an aggregate amount not to exceed $40,000,000 and be payable from (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the “Pledged Revenues”), as authorized to be issued at this time pursuant to the Debt Reform Act; and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Bonds; and 3 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before the Alternate Bonds may be issued for said purpose, Section 15 of the Debt Reform Act requires that the City Council must first adopt an Ordinance authorizing the issuance of the Alternate Bonds for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose there are hereby authorized to be issued and sold by the City its Alternate Bonds in an aggregate principal amount not to exceed $40,000,000 (the “Bonds”). The issuance of the Bonds shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of a bond ordinance setting forth the terms for the issuance and sale thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once in the Beacon-News, 4 the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the issuance of the Bonds be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. Section 4. Form of Notice. The notice of the intention to issue the Bonds shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO ISSUE $40,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to issue its general obligation alternate revenue bonds in an aggregate amount of not to exceed $40,000,000 (the “Bonds”), for the purpose of providing funds for (i) the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, (ii) the construction of a new public works facility thereon, and (iii) certain other capital infrastructure projects within the City. The revenue sources for the payment of the Bonds will be (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. If these revenue sources are insufficient to pay the Bonds, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on the Bonds. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that the issuance of the Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. 2 DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the issuance of the Bonds and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the issuance and sale of the Bonds and prescribing all the details of the Bonds, so long as the maximum amount of the Bonds as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Bonds under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof. a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $40,000,000 general obligation alternate revenue bonds to provide funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and certain other capital infrastructure projects within the City, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose, unless said revenue sources are insufficient to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $40,000,000 Alternate Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $40,000,000 General Obligation Alternate Revenue Bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to sell bonds in the amount of not to exceed $40,000,000 (the “Bonds”) for the purpose of providing funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and to provide for certain other capital infrastructure projects within the City; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning -2- the City Council’s intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED $40,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed $40,000,000 for the purpose of providing funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and to provide for certain other capital infrastructure projects within the City. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of D/S for Arbitrage Purposes 5 Proof of Bond Yield @ 4.0234913%6 Detail Costs Of Issuance 7 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Sources & Uses Dated 08/21/2024 | Delivered 08/21/2024 Sources Of Funds Par Amount of Bonds $39,115,000.00 Reoffering Premium 1,589,174.20 Total Sources $40,704,174.20 Uses Of Funds Total Underwriter's Discount (0.800%)312,920.00 Costs of Issuance 391,150.00 Deposit to Project Construction Fund 40,000,000.00 Rounding Amount 104.20 Total Uses $40,704,174.20 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 1 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/21/2024 ----- 06/30/2025 --1,514,336.04 1,514,336.04 - 12/30/2025 320,000.00 5.000%882,137.50 1,202,137.50 2,716,473.54 06/30/2026 --874,137.50 874,137.50 - 12/30/2026 970,000.00 5.000%874,137.50 1,844,137.50 2,718,275.00 06/30/2027 --849,887.50 849,887.50 - 12/30/2027 1,015,000.00 5.000%849,887.50 1,864,887.50 2,714,775.00 06/30/2028 --824,512.50 824,512.50 - 12/30/2028 1,070,000.00 5.000%824,512.50 1,894,512.50 2,719,025.00 06/30/2029 --797,762.50 797,762.50 - 12/30/2029 1,120,000.00 5.000%797,762.50 1,917,762.50 2,715,525.00 06/30/2030 --769,762.50 769,762.50 - 12/30/2030 1,175,000.00 5.000%769,762.50 1,944,762.50 2,714,525.00 06/30/2031 --740,387.50 740,387.50 - 12/30/2031 1,235,000.00 5.000%740,387.50 1,975,387.50 2,715,775.00 06/30/2032 --709,512.50 709,512.50 - 12/30/2032 1,300,000.00 5.000%709,512.50 2,009,512.50 2,719,025.00 06/30/2033 --677,012.50 677,012.50 - 12/30/2033 1,365,000.00 5.000%677,012.50 2,042,012.50 2,719,025.00 06/30/2034 --642,887.50 642,887.50 - 12/30/2034 1,430,000.00 5.000%642,887.50 2,072,887.50 2,715,775.00 06/30/2035 --607,137.50 607,137.50 - 12/30/2035 1,505,000.00 5.000%607,137.50 2,112,137.50 2,719,275.00 06/30/2036 --569,512.50 569,512.50 - 12/30/2036 1,580,000.00 5.000%569,512.50 2,149,512.50 2,719,025.00 06/30/2037 --530,012.50 530,012.50 - 12/30/2037 1,655,000.00 4.000%530,012.50 2,185,012.50 2,715,025.00 06/30/2038 --496,912.50 496,912.50 - 12/30/2038 1,725,000.00 4.000%496,912.50 2,221,912.50 2,718,825.00 06/30/2039 --462,412.50 462,412.50 - 12/30/2039 1,790,000.00 4.000%462,412.50 2,252,412.50 2,714,825.00 06/30/2040 --426,612.50 426,612.50 - 12/30/2040 1,865,000.00 4.000%426,612.50 2,291,612.50 2,718,225.00 06/30/2041 --389,312.50 389,312.50 - 12/30/2041 1,935,000.00 4.000%389,312.50 2,324,312.50 2,713,625.00 06/30/2042 --350,612.50 350,612.50 - 12/30/2042 2,015,000.00 4.250%350,612.50 2,365,612.50 2,716,225.00 06/30/2043 --307,793.75 307,793.75 - 12/30/2043 2,100,000.00 4.250%307,793.75 2,407,793.75 2,715,587.50 06/30/2044 --263,168.75 263,168.75 - 12/30/2044 2,190,000.00 4.250%263,168.75 2,453,168.75 2,716,337.50 06/30/2045 --216,631.25 216,631.25 - 12/30/2045 2,285,000.00 4.250%216,631.25 2,501,631.25 2,718,262.50 06/30/2046 --168,075.00 168,075.00 - 12/30/2046 2,380,000.00 4.500%168,075.00 2,548,075.00 2,716,150.00 06/30/2047 --114,525.00 114,525.00 - 12/30/2047 2,490,000.00 4.500%114,525.00 2,604,525.00 2,719,050.00 06/30/2048 --58,500.00 58,500.00 - 12/30/2048 2,600,000.00 4.500%58,500.00 2,658,500.00 2,717,000.00 Total $39,115,000.00 -$26,090,636.04 $65,205,636.04 - Yield Statistics Bond Year Dollars $592,631.21 Average Life 15.151 Years Average Coupon 4.4025079% Net Interest Cost (NIC)4.1871541% True Interest Cost (TIC)4.1097382% Bond Yield for Arbitrage Purposes 4.0234913% All Inclusive Cost (AIC)4.2018493% IRS Form 8038 Net Interest Cost 4.0343215% Weighted Average Maturity 14.920 Years 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 2 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2024 ----- 12/30/2025 320,000.00 5.000%2,396,473.54 2,716,473.54 2,716,473.54 12/30/2026 970,000.00 5.000%1,748,275.00 2,718,275.00 2,718,275.00 12/30/2027 1,015,000.00 5.000%1,699,775.00 2,714,775.00 2,714,775.00 12/30/2028 1,070,000.00 5.000%1,649,025.00 2,719,025.00 2,719,025.00 12/30/2029 1,120,000.00 5.000%1,595,525.00 2,715,525.00 2,715,525.00 12/30/2030 1,175,000.00 5.000%1,539,525.00 2,714,525.00 2,714,525.00 12/30/2031 1,235,000.00 5.000%1,480,775.00 2,715,775.00 2,715,775.00 12/30/2032 1,300,000.00 5.000%1,419,025.00 2,719,025.00 2,719,025.00 12/30/2033 1,365,000.00 5.000%1,354,025.00 2,719,025.00 2,719,025.00 12/30/2034 1,430,000.00 5.000%1,285,775.00 2,715,775.00 2,715,775.00 12/30/2035 1,505,000.00 5.000%1,214,275.00 2,719,275.00 2,719,275.00 12/30/2036 1,580,000.00 5.000%1,139,025.00 2,719,025.00 2,719,025.00 12/30/2037 1,655,000.00 4.000%1,060,025.00 2,715,025.00 2,715,025.00 12/30/2038 1,725,000.00 4.000%993,825.00 2,718,825.00 2,718,825.00 12/30/2039 1,790,000.00 4.000%924,825.00 2,714,825.00 2,714,825.00 12/30/2040 1,865,000.00 4.000%853,225.00 2,718,225.00 2,718,225.00 12/30/2041 1,935,000.00 4.000%778,625.00 2,713,625.00 2,713,625.00 12/30/2042 2,015,000.00 4.250%701,225.00 2,716,225.00 2,716,225.00 12/30/2043 2,100,000.00 4.250%615,587.50 2,715,587.50 2,715,587.50 12/30/2044 2,190,000.00 4.250%526,337.50 2,716,337.50 2,716,337.50 12/30/2045 2,285,000.00 4.250%433,262.50 2,718,262.50 2,718,262.50 12/30/2046 2,380,000.00 4.500%336,150.00 2,716,150.00 2,716,150.00 12/30/2047 2,490,000.00 4.500%229,050.00 2,719,050.00 2,719,050.00 12/30/2048 2,600,000.00 4.500%117,000.00 2,717,000.00 2,717,000.00 Total $39,115,000.00 -$26,090,636.04 $65,205,636.04 $65,205,636.04 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 3 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2025 Serial Coupon 5.000%3.500%320,000.00 101.968% ---326,297.60 12/30/2026 Serial Coupon 5.000%3.350%970,000.00 103.707% ---1,005,957.90 12/30/2027 Serial Coupon 5.000%3.400%1,015,000.00 105.033% ---1,066,084.95 12/30/2028 Serial Coupon 5.000%3.350%1,070,000.00 106.635% ---1,140,994.50 12/30/2029 Serial Coupon 5.000%3.200%1,120,000.00 108.795% ---1,218,504.00 12/30/2030 Serial Coupon 5.000%3.200%1,175,000.00 110.277% ---1,295,754.75 12/30/2031 Serial Coupon 5.000%3.200%1,235,000.00 111.714% ---1,379,667.90 12/30/2032 Serial Coupon 5.000%3.200%1,300,000.00 113.105% ---1,470,365.00 12/30/2033 Serial Coupon 5.000%3.200%1,365,000.00 114.453% ---1,562,283.45 12/30/2034 Serial Coupon 5.000%3.250%1,430,000.00 114.019%c 3.384%12/30/2033 100.000%1,630,471.70 12/30/2035 Serial Coupon 5.000%3.300%1,505,000.00 113.587%c 3.537%12/30/2033 100.000%1,709,484.35 12/30/2036 Serial Coupon 5.000%3.400%1,580,000.00 112.729%c 3.706%12/30/2033 100.000%1,781,118.20 12/30/2037 Serial Coupon 4.000%3.750%1,655,000.00 101.954%c 3.812%12/30/2033 100.000%1,687,338.70 12/30/2038 Serial Coupon 4.000%3.850%1,725,000.00 101.165%c 3.893%12/30/2033 100.000%1,745,096.25 12/30/2039 Serial Coupon 4.000%3.950%1,790,000.00 100.384%c 3.966%12/30/2033 100.000%1,796,873.60 12/30/2040 Serial Coupon 4.000%4.050%1,865,000.00 99.402% ---1,853,847.30 12/30/2041 Serial Coupon 4.000%4.100%1,935,000.00 98.762% ---1,911,044.70 12/30/2042 Serial Coupon 4.250%4.150%2,015,000.00 100.764%c 4.190%12/30/2033 100.000%2,030,394.60 12/30/2043 Serial Coupon 4.250%4.200%2,100,000.00 100.379%c 4.221%12/30/2033 100.000%2,107,959.00 12/30/2044 Serial Coupon 4.250%4.250%2,190,000.00 100.000% ---2,190,000.00 12/30/2045 Serial Coupon 4.250%4.300%2,285,000.00 99.301% ---2,269,027.85 12/30/2046 Serial Coupon 4.500%4.350%2,380,000.00 101.138%c 4.419%12/30/2033 100.000%2,407,084.40 12/30/2047 Serial Coupon 4.500%4.400%2,490,000.00 100.755%c 4.447%12/30/2033 100.000%2,508,799.50 12/30/2048 Serial Coupon 4.500%4.450%2,600,000.00 100.374%c 4.474%12/30/2033 100.000%2,609,724.00 Total ---$39,115,000.00 -----$40,704,174.20 Bid Information Par Amount of Bonds $39,115,000.00 Reoffering Premium or (Discount)1,589,174.20 Gross Production $40,704,174.20 Total Underwriter's Discount (0.800%)$(312,920.00) Bid (103.263%)40,391,254.20 Total Purchase Price $40,391,254.20 Bond Year Dollars $592,631.21 Average Life 15.151 Years Average Coupon 4.4025079% Net Interest Cost (NIC)4.1871541% True Interest Cost (TIC)4.1097382% 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 4 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/21/2024 --- 06/30/2025 -1,514,336.04 1,514,336.04 12/30/2025 320,000.00 882,137.50 1,202,137.50 06/30/2026 -874,137.50 874,137.50 12/30/2026 970,000.00 874,137.50 1,844,137.50 06/30/2027 -849,887.50 849,887.50 12/30/2027 1,015,000.00 849,887.50 1,864,887.50 06/30/2028 -824,512.50 824,512.50 12/30/2028 1,070,000.00 824,512.50 1,894,512.50 06/30/2029 -797,762.50 797,762.50 12/30/2029 1,120,000.00 797,762.50 1,917,762.50 06/30/2030 -769,762.50 769,762.50 12/30/2030 1,175,000.00 769,762.50 1,944,762.50 06/30/2031 -740,387.50 740,387.50 12/30/2031 1,235,000.00 740,387.50 1,975,387.50 06/30/2032 -709,512.50 709,512.50 12/30/2032 1,300,000.00 709,512.50 2,009,512.50 06/30/2033 -677,012.50 677,012.50 12/30/2033 5,880,000.00 677,012.50 6,557,012.50 06/30/2034 -530,012.50 530,012.50 12/30/2034 -530,012.50 530,012.50 06/30/2035 -530,012.50 530,012.50 12/30/2035 -530,012.50 530,012.50 06/30/2036 -530,012.50 530,012.50 12/30/2036 -530,012.50 530,012.50 06/30/2037 -530,012.50 530,012.50 12/30/2037 1,655,000.00 530,012.50 2,185,012.50 06/30/2038 -496,912.50 496,912.50 12/30/2038 1,725,000.00 496,912.50 2,221,912.50 06/30/2039 -462,412.50 462,412.50 12/30/2039 1,790,000.00 462,412.50 2,252,412.50 06/30/2040 -426,612.50 426,612.50 12/30/2040 1,865,000.00 426,612.50 2,291,612.50 06/30/2041 -389,312.50 389,312.50 12/30/2041 1,935,000.00 389,312.50 2,324,312.50 06/30/2042 -350,612.50 350,612.50 12/30/2042 2,015,000.00 350,612.50 2,365,612.50 06/30/2043 -307,793.75 307,793.75 12/30/2043 2,100,000.00 307,793.75 2,407,793.75 06/30/2044 -263,168.75 263,168.75 12/30/2044 2,190,000.00 263,168.75 2,453,168.75 06/30/2045 -216,631.25 216,631.25 12/30/2045 2,285,000.00 216,631.25 2,501,631.25 06/30/2046 -168,075.00 168,075.00 12/30/2046 2,380,000.00 168,075.00 2,548,075.00 06/30/2047 -114,525.00 114,525.00 12/30/2047 2,490,000.00 114,525.00 2,604,525.00 06/30/2048 -58,500.00 58,500.00 12/30/2048 2,600,000.00 58,500.00 2,658,500.00 Total $39,115,000.00 $25,631,636.04 $64,746,636.04 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 5 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Proof of Bond Yield @ 4.0234913% Date Cashflow PV Factor Present Value Cumulative PV 08/21/2024 -1.0000000x -- 06/30/2025 1,514,336.04 0.9663858x 1,463,432.80 1,463,432.80 12/30/2025 1,202,137.50 0.9473279x 1,138,818.44 2,602,251.24 06/30/2026 874,137.50 0.9286459x 811,764.24 3,414,015.48 12/30/2026 1,844,137.50 0.9103324x 1,678,778.07 5,092,793.55 06/30/2027 849,887.50 0.8923800x 758,422.57 5,851,216.12 12/30/2027 1,864,887.50 0.8747816x 1,631,369.23 7,482,585.35 06/30/2028 824,512.50 0.8575303x 707,044.41 8,189,629.76 12/30/2028 1,894,512.50 0.8406191x 1,592,563.45 9,782,193.21 06/30/2029 797,762.50 0.8240415x 657,389.42 10,439,582.63 12/30/2029 1,917,762.50 0.8077908x 1,549,150.93 11,988,733.57 06/30/2030 769,762.50 0.7918606x 609,544.59 12,598,278.16 12/30/2030 1,944,762.50 0.7762445x 1,509,611.25 14,107,889.41 06/30/2031 740,387.50 0.7609364x 563,387.82 14,671,277.23 12/30/2031 1,975,387.50 0.7459302x 1,473,501.20 16,144,778.43 06/30/2032 709,512.50 0.7312199x 518,809.67 16,663,588.10 12/30/2032 2,009,512.50 0.7167997x 1,440,418.02 18,104,006.13 06/30/2033 677,012.50 0.7026639x 475,712.26 18,579,718.39 12/30/2033 6,557,012.50 0.6888069x 4,516,515.32 23,096,233.71 06/30/2034 530,012.50 0.6752231x 357,876.69 23,454,110.40 12/30/2034 530,012.50 0.6619072x 350,819.10 23,804,929.50 06/30/2035 530,012.50 0.6488539x 343,900.69 24,148,830.19 12/30/2035 530,012.50 0.6360581x 337,118.72 24,485,948.91 06/30/2036 530,012.50 0.6235145x 330,470.50 24,816,419.41 12/30/2036 530,012.50 0.6112184x 323,953.38 25,140,372.78 06/30/2037 530,012.50 0.5991647x 317,564.78 25,457,937.57 12/30/2037 2,185,012.50 0.5873487x 1,283,364.34 26,741,301.91 06/30/2038 496,912.50 0.5757658x 286,105.22 27,027,407.13 12/30/2038 2,221,912.50 0.5644113x 1,254,072.47 28,281,479.60 06/30/2039 462,412.50 0.5532807x 255,843.90 28,537,323.50 12/30/2039 2,252,412.50 0.5423696x 1,221,640.02 29,758,963.53 06/30/2040 426,612.50 0.5316737x 226,818.63 29,985,782.15 12/30/2040 2,291,612.50 0.5211887x 1,194,362.47 31,180,144.62 06/30/2041 389,312.50 0.5109105x 198,903.82 31,379,048.45 12/30/2041 2,324,312.50 0.5008349x 1,164,096.88 32,543,145.33 06/30/2042 350,612.50 0.4909581x 172,136.05 32,715,281.37 12/30/2042 2,365,612.50 0.4812760x 1,138,512.63 33,853,794.01 06/30/2043 307,793.75 0.4717849x 145,212.45 33,999,006.46 12/30/2043 2,407,793.75 0.4624810x 1,113,558.85 35,112,565.31 06/30/2044 263,168.75 0.4533605x 119,310.32 35,231,875.63 12/30/2044 2,453,168.75 0.4444199x 1,090,237.09 36,322,112.72 06/30/2045 216,631.25 0.4356557x 94,376.63 36,416,489.35 12/30/2045 2,501,631.25 0.4270642x 1,068,357.16 37,484,846.51 06/30/2046 168,075.00 0.4186422x 70,363.29 37,555,209.80 12/30/2046 2,548,075.00 0.4103863x 1,045,694.97 38,600,904.77 06/30/2047 114,525.00 0.4022931x 46,072.62 38,646,977.39 12/30/2047 2,604,525.00 0.3943596x 1,027,119.52 39,674,096.92 06/30/2048 58,500.00 0.3865826x 22,615.08 39,696,712.00 12/30/2048 2,658,500.00 0.3789589x 1,007,462.20 40,704,174.20 Total $64,746,636.04 -$40,704,174.20 - Derivation Of Target Amount Par Amount of Bonds $39,115,000.00 Reoffering Premium or (Discount)1,589,174.20 Original Issue Proceeds $40,704,174.20 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 6 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Detail Costs Of Issuance Dated 08/21/2024 | Delivered 08/21/2024 COSTS OF ISSUANCE DETAIL 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 7 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #10 Tracking Number CC 2024-43 Green Door Watermain Easements – Cruise Trust and Classic Investments City Council – May 14, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of an ordinance authorizing the acquisition of temporary construction and permanent easements for the Green Door / Yorkville Nexus watermain loop from two landowners. Background This item was last discussed by the City Council in May 2023 when the City Council approved Ordinance 2023-17 which covers easement acquisition costs to be reimbursed by Green Door / Yorkville Nexus as part of their infrastructure extension. Since that meeting, engineering design efforts have reached a point where easements can now be acquired and the City has set out on negotiating with various property owners. The City recently came to terms with two property owners, Cruise Trust and Classic Investments, for temporary construction and permanent easements in the range of a few thousand dollars each. While these amounts are within the staff authority to approve, easements must be acquired with a City Council vote. The exact values of the easements are not disclosed at this time due to ongoing negotiations with several other property owners, but the values are in line with easement costs negotiated on other area projects according to EEI. Recommendation Staff recommends approval of the ordinance authorizing the acquisition of temporary construction and permanent easements for the Green Door / Yorkville Nexus watermain project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 8, 2024 Subject: Green Door Watermain Easements – Cruise Trust and Classic Investments UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-17 ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS, LLC, RELATING TO ENGINEERING SERVICES FOR INFRASTRUCTURE PROJECTS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 30"day of May, 2023 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on June 6, 2023. Ordinance No. 2023-17 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS,LLC,RELATING TO ENGINEERING SERVICES FOR INFRASTRUCTURE PROJECTS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, etseq.); and WHEREAS, the City has received a concept plan from Yorkville Nexus, LLC an Illinois limited liability company ("Yorkville Nexus") for an industrial development which covers an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the Development Site"); and, WHEREAS,the Development Site lacks the necessary infrastructure required to service any such development and Yorkville Nexus has agreed to pay all costs to be incurred by City Engineers in connection with the design of and the potential costs of any water and sewer service to be extended to the Development Site all as set forth in the Memorandum of Understanding ("MOU") attached hereto; and, WHEREAS, the City is prepared to request the City Engineers to proceed with the preparation of the engineering plans and the estimated costs to provide water and sewer service to the Development Site pursuant to the terms and conditions as set forth in the MOU. NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Ordinance No. 2023-17 Page 2 Section 2: That "The Memorandum of Understanding by and between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC" attached hereto and made a part hereof is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 301" day of May, 2023. V CLERK KEN KOCH AYE DAN TRANSIER NAY ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this rJday of T P, , 2023. Mayor Attest: 1A ity erk Ordinance No. 2023-17 Page 3 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE NEXUS LLC THIS MEMORANDUM OF UNDERSTANDING (the "Memorandum"), is made and entered as of the 301"day of " a\J 2023, by and between the United City of Yorkville, Kendall County, Illinois (the "City' and Yorkville Nexus LLC, an Illinois limited liability company ("Yorkville Nexus"). RECITALS: 1.1. The City is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State. 1.2 Yorkville Nexus operates an investment company which manages and invests in a company-owned portfolio in different businesses, including the development of industrial and commercial complexes. 1.3 Yorkville Nexus has submitted to the City a concept plan, attached hereto as Exhibit A (the "Concept Plan"), for an area consisting of approximately 279 acres at the northeast corner of Eldamain and Faxon Road (the "Development Site") for the development of six (6) industrial buildings to be constructed in three (3)phases (the "Project"). 1.4 Yorkville Nexus has acknowledged that the Development Site lacks the necessary infrastructure to service the proposed development and shall require a substantial investment to provide water and sanitary sewer services to the Development Site (collectively, the Water/Sewer Infrastructure Project"). 1.5 On August 5, 2022, Yorkville Nexus submitted an application for Economic Incentive/Development Agreement for the Concept Plan and made all required deposits for legal and engineering review. Yorkville Nexus has also informed the City that it is prepared to be responsible for all costs to be incurred by the City to construct the Water/Sewer Infrastructure Project to service the Development Site, including surveying, engineering, legal, and other professional costs related to obtaining the necessary easements to provide water and sanitary sewer service to Development Site, as depicted on the attached Exhibit A. The City is prepared to proceed with obtaining the necessary easements to provide water and sanitary sewer service to the Development Site (collectively, the "Water/Sewer Easements") pursuant to the terms and conditions as hereinafter provided. ARTICLE II OBLIGATIONS OF THE CITY AND YORKVILLE NEXUS 2.1 The City has identified the proposed routes required for each component of the Water/Sewer Infrastructure Project to extend such services to the Development Site and has requested the City Engineers to provide such engineering design as are required to ascertain the following: A. The specific location and estimated cost of the installation of a sixteen inch (16") diameter water main to be extended from an area generally near Comeils Road and Caledonia Drive, then west along Corneils Road to the Development Site and then looped back to an area generally near Faxon Road and High Ridge Road (the "Water Main Extension"). B. The specific location and estimated cost of the extension of a sanitary sewer from the southeast corner of the BrightFarms development along Corneils Road to the North 50 Acres of the proposed development(the Corneils Road Sanitary Sewer Extension"). C. The specific location and estimated cost for the extension of a sanitary sewer from the existing thirty-six inch (36") interceptor sewer to the south parcel of the proposed development along the BNSF Railroad (the "South Sanitary Sewer Extension"). 2.2 The City Engineers have provided design engineering proposals for the Water/Sewer Infrastructure Project. The City is prepared to engage various professionals to survey and document the Water/Sewer Easements. 2.3 Yorkville Nexus has agreed to pay, subject to Yorkville Nexus's sole approval, all reasonable charges incurred by the City in connection with the obtaining the Water/Sewer Easements, including but not limited to (i) survey costs, (ii) legal fees, and (iii) consideration paid to property owners for the Water/Sewer Easements. The City shall submit any estimates received for the above-referenced costs to Yorkville Nexus for its approval prior to authorizing said work. 2.4 The City shall submit all invoices related to obtaining the Water/Sewer Easements to Yorkville Nexus for review and approval, which shall not be unreasonably withheld. Once approved, Yorkville Nexus shall reimburse the City for all such invoices within thirty (30) days. 2.5 Yorkville Nexus may, at any time by written order to the City, order City to stop work, in whole or in part, for a period of up to ninety (90) days. Upon receipt of such stop-work order, the City shall comply with the terms of such order and shall take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within said ninety (90) day period, Yorkville Nexus shall either cancel the stop- work order or terminate this Agreement. Notwithstanding the above, Yorkville Nexus shall promptly pay all charges incurred prior to the issuance of the stop work notice pursuant to this Memorandum. 2.6 The City shall provide the Water/Sewer Easements required to construct the Water/Sewer Infrastructure Project, and shall utilize all methods at its disposal, including condemnation, to obtain the Water/Sewer Easements. ARTICLE III IN GENERAL 3.1 The term of this Memorandum shall commence upon the date first written above and shall terminate upon the completion of the Water/Sewer Infrastructure Project and payment by Yorkville Nexus in full of all costs incurred by the City in connection with the same by Yorkville Nexus. 3.2 In the event of a breach of this Memorandum by either party that is not cured within thirty (30) days after its receipt of written notice of such breach, such breaching party shall be deemed to be in default of this Memorandum. In such event, the defaulting party hereby agrees to pay and reimburse the non-defaulting parties for all costs and expenses incurred by them in connection with an action taken to enforce this Memorandum, including reasonable attorney's fees and court costs. 3.3 This Memorandum shall be binding upon and inure to the benefit of the successor of either party hereto and any successor governmental legal entity (governmental or otherwise) that may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Memorandum shall not be assigned by a party hereto without the prior written consent of the other parties to this Memorandum, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Memorandum shall not impair the validity of any other provisions. If any provision of this Memorandum is determined by a court of competent jurisdiction to be unenforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Memorandum, along with any Development Agreement and Recapture Agreement entered into between the parties, sets forth the entire understanding of the parties as pertaining to the Engineering Agreement and may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Memorandum shall be interpreted and construed in accordance with the laws of the State of Illinois. 3.7 Any notice, request, demand, waiver, consent, approval or other communication that is required or permitted under the terms of this Agreement (a "Notice") shall be in writing and shall be delivered by personal delivery, via overnight carrier or e-mail transmission or via registered or certified mail, return receipt requested, first class postage prepaid. If Notice is delivered by personal delivery or via overnight carrier, Notice shall be deemed given on the date that actual delivery is made. If Notice is delivered via e-mail transmission, Notice shall be deemed given on the date that the Notice is transmitted and written confirmation of such transmission is obtained. If Notice is delivered via mail, Notice shall be deemed given on the earlier of(a) the actual day of delivery or (b) the third day after the date of mailing. All Notices shall be addressed to the intended recipient as set forth below: To the City: United City of Yorkville 651 Prairie Pointe Dr Yorkville, Illinois 60560 Attention: City Administrator With a Copy to: Kathleen Field Orr 2024 Hickory Road Suite 205 Homewood, Illinois 60430 To Yorkville Nexus: Yorkville Nexus LLC 145 South Wells Street Suite 1800 Chicago, Illinois 60606 Attention: Matt Gilbert Email: matt(it greendoorcapital.com With a copy to: Pedersen & Houpt, PC 161 N. Clark Street, Suite 2700 Chicago, Illinois 60601 Attention: Michael P. Sullivan Email: msullivan[u,pedersenhoupt.com 3.8 This Memorandum maybe executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. United City of Yorkville, Kendall County, Illinois, a mum al corporation By: Mayor Attest: City e Yorkville Nexus LLC, an Illinois limited liability company By: GDC Yorkville LLC, an Illinois limited liability company, its sole member By: Yorkville Nexus Capital Investments, LLC, an Illinois limited liability company, its manager / By: 14Q-!/l Matthew B. Gilbert, Manager Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE CONSTRUCTION OF WATER MAINS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Yorkville Nexus, LLC, an Illinois limited liability company (“Yorkville Nexus”), submitted a proposal to the City to develop approximately two hundred seventy-nine (279) acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”); and WHEREAS, Yorkville Nexus, as a part of its proposal to the City, requested the City to extend water services to the Development Site and further agreed to be responsible for all costs incurred by the City for the engineering design fees, acquisition of required temporary and permanent easements, and the cost of construction related to water service extended to the Development Site, and all permit fees for its construction (the “Project”); and WHEREAS, the City has proceeded to negotiate the acquisition of the easements required to construct the Project from each of the property owners along Corneils Road and is prepared to authorize the acceptance of and payments due for the conveyance of temporary construction easements and permanent easements (collectively, the “Easements”) as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The following Easements, as attached hereto, are hereby accepted: Ordinance No. 2024-____ Page 2 1. Permanent Easement dated February 13, 2024, from Classic Investment, LLC, an Illinois limited liability company, as Grantor, said easement being located within Parcel Nos. 02-17-100-011 and 02-17-100-012. 2. Temporary Construction Easement dated February 13, 2024, from Classic Investment, LLC, an Illinois limited liability company, as Grantor, said easement being located within Parcel Nos. 02-17-100-011 and 02-17-100-012. 3. Permanent Easement dated April 30, 2024, from Dolores Cruise Trustee under the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided ½ interest and Dolores Cruise Trustee under the Dolores Cruise Living Trust dated February 16, 2000 as to an undivided ½ interest, collectively, as Grantor, said easement being located within Parcel No. 02-19-200-005. 4. Temporary Construction Easement dated April 30, 2024, from Dolores Cruise Trustee under the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided ½ interest and Dolores Cruise Trustee under the Dolores Cruise Living Trust dated February 16, 2000 as to an undivided ½ interest, collectively, as Grantor, said easement being located within Parcel No. 02-19-200-005. Section 3. The City Council hereby authorizes payment in an amount not to exceed a total of Nine Thousand Five Hundred Dollars ($9,500.00) for the Easements hereinabove itemized. Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No. 2024-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Economic Development Committee #1 Tracking Number EDC 2024-30 East Westbury Village – PUD Repeal & Memorandum of Understanding (MOU) City Council – May 14, 2024 Proposed repeal of the East Westbury Village PUD and approval of a Memorandum of Understanding with successor property owners. EDC – 5/7/24 Moved forward to City Council agenda. EDC 2024-30 Majority Approval Krysti Barksdale – Noble, AICP Community Development Name Department 1 Request Summary: The eight (8) successor proprietors of the approximately 300-acre East Village of Westbury Planned Unit Development (PUD) are proposing to nullify the established obligations outlined in the annexation agreement amendments of 2004 (Ord. 2004-36) and 2006 (Ord. 2006-34). This proposed nullification, detailed in a Memorandum of Understanding, aims to immediately revert the properties to their original R-2 Single Family Traditional Residence District zoning. It also seeks to permit certain pre- existing non-conforming uses to remain lawful, reimburse the City for various engineering consultant fees and the installation of the Rob Roy Sewer Outfall amounting to $418,952.50, obtain a written release from school/park site dedication based on the original land plan, and uphold the land plan for the development of 85 single-family residential units and 307 multiplex/townhome units on approximately 97 acres situated at the northwest corner of Corneils Road and IL Route 47 for potential development by an interested builder. Staff Comments: At the May 7th Economic Development Committee meeting, it was noted by staff an additional provision to the ordinance would be added that the repeal ordinance is subject to an eighteen (18) month deadline for obtaining the written release from the Yorkville School District of identified school site in the original PUD and successful execution of a development agreement with the developer and interested builder of the 97-acre site. The developer/owner of this site has been notified and is agreeable with the recommended deadline. The attached draft ordinance reflects this change. Attachments: 1. Draft Ordinance Repealing A Planned Unit Development Agreement for the East Village of Westbury a. Exhibit A - List of Property Owners b. Exhibit B – Phase I Development Area 2. Memorandum of Understanding 3. EDC packet materials dated April 16, 2024 4. Executed Memorandum of Understanding by all property owners 5. East Village of Westbury Aerial Image/Location map 6. East Village of Westbury Property Ownership Map 7. Ord. 2004-36 8. Ord. 2006-34 Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: May 8, 2024 Subject: East Village of Westbury – Repeal of PUD Agreement Proposed Repeal of Planned Unit Development (PUD) Agreement & Execution of a Memorandum of Understanding     Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth, which confirmation has now been received. WHEREAS, on May 9, 2006, there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled ‘Memorandum of Contract Regarding Obligation to Dedicate School/Park Site’. To the extent that the City and / or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1.     Ordinance No. 2024-____ Page 2 Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. d. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes, both as marked on Exhibit B; and, e. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f. That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville’s School District 115 of     Ordinance No. 2024-____ Page 3 the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, (ii) the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and (ii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. h. Approval by the City of a Development Agreement by and between the Current Owner of Phase I within eighteen (18) months of execution of this ordinance. Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024.     Ordinance No. 2024-____ Page 4 ______________________________ MAYOR No.PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02-08-400-004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02-08-400-003 29.65 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02-08-200-029 42.87 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02-08-200-030 70.63 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02-08-200-019 23.39 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02-08-200-015 8.28 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02-05-400-014 8.00 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02-05-400-018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02-05-400-020 1.38 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02-08-200-022 1.62 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02-05-400-019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02-05-400-012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02-08-200-018 2.92 -UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02-05-400-013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02-05-400-005 2.38 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 WESTBURY EAST PARCEL OWNERSHIP AS OF 9-21-22 PER KENDALL COUNTY GIS RECORDS Exhibit A Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING THE EAST VILLAGE OF WESTBURY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the approval by the Current Owners the terms and conditions as set forth in the Memorandum of Understanding attached hereto; which has now been received. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The Memorandum of Understanding by and between the City and the Current Owners, as defined therein, is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Ordinance No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR MEMORANDUM OF UNDERSTANDING REGARDING THE REPEAL OF A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to An Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the United City of Yorkville, Kendall County, Illinois (the “City”); and, WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners have requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City is prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the sufficiency of which is hereby acknowledged by the City and the Current Owners, the City and each of the Current Owners agree as follows: 1. The foregoing Preambles are hereby made a part of and incorporated into this Memorandum of Understanding as if fully restated and in this paragraph 1. 2. The City hereby agrees to repeal Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth in paragraph 3 below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes, both as marked on Exhibit B; and, d. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. e. That the foregoing covenants and agreements are contingent upon (i) a written release from Yorkville’s School District 115 and the City of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September, 9, 2004; (ii) the Current Owner of Phase I identified as PIN 02- 08-400-004 agrees to proceed with the development of residential units on 96.59 acres; and (iii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. 3. This Memorandum of Agreement may be signed in counterparts. Dated this day of , 2023. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: Mayor Attest: City Clerk [List Each Owner] By: Attest: No.PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02-08-400-004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02-08-400-003 29.65 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02-08-200-029 42.87 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02-08-200-030 70.63 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02-08-200-019 23.39 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02-08-200-015 8.28 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02-05-400-014 8.00 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02-05-400-018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02-05-400-020 1.38 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02-08-200-022 1.62 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02-05-400-019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02-05-400-012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02-08-200-018 2.92 -UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02-05-400-013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02-05-400-005 2.38 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 WESTBURY EAST PARCEL OWNERSHIP AS OF 9-21-22 PER KENDALL COUNTY GIS RECORDS Exhibit A 1 Request Summary: The eight (8) successor proprietors of the approximately 300-acre East Village of Westbury Planned Unit Development (PUD) are proposing to nullify the established obligations outlined in the annexation agreement amendments of 2004 (Ord. 2004-36) and 2006 (Ord. 2006-34). This proposed nullification, detailed in a Memorandum of Understanding, aims to immediately revert the properties to their original R-2 Single Family Traditional Residence District zoning. It also seeks to permit certain pre- existing non-conforming uses to remain lawful, reimburse the City for various engineering consultant fees and the installation of the Rob Roy Sewer Outfall amounting to $418,952.50, obtain a written release from school/park site dedication based on the original land plan, and uphold the land plan for the development of 85 single-family residential units and 307 multiplex/townhome units on approximately 97 acres situated at the northwest corner of Corneils Road and IL Route 47 for potential development by an interested builder. Development Background: In 1997, the City annexed and entered into an annexation agreement with Richard and Henrietta Undesser for approximately 260-acre tracts of land of land located at on the west side of IL Route 47 bounded by Galena Road to the north and Corneils Road to the south. The original agreement (Ord. 1997-10B) approved the land for commercial and agricultural uses. However, in September 2004, the Undesser’s, along with Ocean Atlantic as developer, annexed an additional ~70 acres of land to the west (Ord. 2006-37) and included this within an amended annexation agreement for a planned unit development (Ord. 2004-36). The planned unit development (PUD), known as the Westbury Village Subdivision, allowed for commercial, single-family, and multi- family land uses consisting of roughly 890 dwelling units, 15-acre school site, 30-acre commercial parcel, and parkland located within nine (9) distinct development “pods”. Currently, the parcels are primarily utilized for single-family residences and agricultural land uses. From 2014- 2023 a portion of the property in the northwest quadrant was used as a compost facility operated by Green Organics. This operation has been decommissioned and relocated to the parcel to west in unincorporated Kendall County. Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 16, 2024 Subject: East Village of Westbury – Repeal of PUD Agreement Proposed Repeal of Planned Unit Development (PUD) Agreement & Execution of a Memorandum of Understanding Packet materials from 5/7/24 EDC meeting to follow 2 A final plat was approved for Pod 6 for 85 single family lots in August 2005, but the final plat was never recorded. Subsequently, an amendment to the PUD land plan was approved by the City in April 2006 via Ord. 2006-34 establishing the “East Village of Westbury” which now comprised of 822 dwelling units, 15-acre school site, and 12 acres of parkland. While the commercial site was still identified on the updated land plan, it was not included for development. The 2006 annexation and PUD agreement also confirmed the developer’s obligation to connect to the Raymond Outflow Stormwater prior to the issuance of any building permit and that the City was engaging certain residential developers in the area in a recapture agreement to contribute to the City’s cost of designing, engineering, and installing a sanitary sewer interceptor to which the East Village of Westbury’s share was $1.78M, which approximately $1.26M is outstanding. The developer was also required to construct an outfall storm sewer on the property costing $500,000 which the city also constructed. 3 Current Development Ownership & Infrastructure Improvement Status: While Ocean Atlantic proceeded to install roadways and underground infrastructure in Pod 6 between 2006-2008 anticipating the construction of the 85 single-family dwelling units, the economic conditions in the housing market soured and the development stalled. The developer did not fulfill the repayment of the stormwater outfall recapture and portions of the annexed parcels were foreclosed upon and sold at auction. Below is a map of the current eight (8) successor landowners and their respective parcels within the East Village of Westbury planned unit development. The current owner of Pod 6 (also referred to as Phase I), Chicago WB Investors, LLC, is interested in retaining the development entitlements for this area of the PUD and restarting the construction of the 85 single-family units in short order with the multi-family units in the near future. While the other landowners would like to unburden their property of the existing East Village of Westbury PUD site plan and financial obligations provided in the annexation agreements. This will allow the successor owners to either maintain their property in its current state or propose a different development plan or land use in the future. 4 Proposed Repeal of Planned Unit Development: In anticipation of construction restarting in Pod 6 and other potential land use changes proposed for other portions of the development, City staff and the representative for Chicago WB Investors, LLC, have been working since 2022 on language to repeal the PUD plan and reconcile the outstanding financial obligations of the former developer. The following summarizes the terms of the proposed repeal ordinance and Memorandum of Understanding agreed upon by the City and all successor property owners: 1. Zoning – The original and amended annexation agreements classified the East Village of Westbury as a Planned Unit Development (PUD) with underlying zoning designation of R-2 Single Family Residence District, R-4 General Multi-Family Residence District, and B-3 Service Business District. a. The repeal proposes that all property, except for those owned by Chicago WB Investors, shall immediately be rezoned into the current R-2 Single Family Traditional Residence District. b. The parcels owned by Chicago WB Investors (labeled as 4B-E, POD 5-E, POD 6-E and 7-E on “Exhibit B” of the repealing ordinance) shall retain their R-2 Single-Family and R-4 General Multi-Family residential zoning designation. 2. Legal Non-Conforming Uses - In addition to the successor owner’s property being reverted back to the R-2 Single-Family Traditional Residence District zoning, certain owners have requested legal non-conforming status for existing land uses on their parcels. a. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e., farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. b. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. 3. Planned Unit Development (PUD) Agreement - That all obligations and conditions for development established in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the parcel owned by Chicago WB Investors, LLC. a. As part of this proposed ordinance repeal, this approximately 96-acre parcel (referred to as Phase I) will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes. A separate development agreement for Phase I is contemplated with the successor owner of this parcel. 4. Future Approvals – With the exception of Phase I owned by Chicago WB Investors, all future development approvals shall be subject to all current procedures required for entitlement as of the 5 time of development and all fees, land donations and assessments shall apply as any other property similarly zoned R-2 Single-Family Traditional Residence District. a. Regarding the Phase I parcel, particularly Pod 6-E for the 85 single family units with current infrastructure, the city’s engineering consultant performed an inspection and prepared a punchlist in 2021. That punch list was subsequently updated in July 2023. The majority of the site work done nearly 20 years ago consisted of roads, underground utilities (watermain, sanitary sewer, and storm sewer), and stormwater management. All of these improvements will need to be reinspected and a security guarantee provided before recording a revised final plat or future construction begins. 5. School/Park Dedication Release – The proposed ordinance to repeal the Planned Unit Development (PUD) for East Village of Westbury is contingent upon the following: a. A written release from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004. i. City Attorney Orr is currently working with the School District to secure the written release. b. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. 6. Development/Payment of Fees – The proposed ordinance to repeal is further contingent upon: a. The Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres under a new Development Agreement. b. The Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. 7. Effective Date – The proposed repeal will be effective immediately upon signature of all property owners, payment of outstanding fees, executed Phase I Development Agreement, and receipt of the written release from the school district. Staff Comments: Staff is supportive of the proposed repeal ordinance and execution of the memorandum of understanding by the City. This ordinance positions the 85 single-family lots in POD 6-E for easier take down by an interested builder, ensuring the completion of the public infrastructure and roadway improvements in Phase I. Further, it unencumbers the balance of the remaining parcels from the obligations of the existing Planned Unit Development (PUD) agreement should the owners decide to sell and/or redevelop. However, most importantly, the ordinance approval is subject to the developer of Phase I reimbursing the City of nearly $420,000 of previously written off bad debt. Funds unanticipated by the adopted FY 24 or proposed FY 25 budget. The approval of the ordinance does not require a public hearing, therefore, should the matter proceed out of committee, staff has tentatively scheduled it for consideration before the entire City 6 Council at the May 14, 2024 meeting. The City Attorney has drafted the attached repeal ordinance and memorandum of understanding for your review. Staff will be available at the EDC meeting to answer any questions. Attachments: 1. Draft Ordinance Repealing A Planned Unit Development Agreement for the East Village of Westbury a. Exhibit A - List of Property Owners b. Exhibit B – Phase I Development Area 2. Executed Memorandum of Understanding by all property owners 3. East Village of Westbury Aerial Image/Location map 4. East Village of Westbury Property Ownership Map 5. Ord. 2004-36 6. Ord. 2006-34 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth, which confirmation has now been received. WHEREAS, on May 9, 2006, there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled ‘Memorandum of Contract Regarding Obligation to Dedicate School/Park Site’. To the extent that the City and / or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Formatted: Font: Bold Formatted: Indent: First line: 0.5" Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non- Conforming Uses in the Zoning District. c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. cd. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes, both as marked on Exhibit B; and, de. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. ef. That the foregoing covenants and agreements are contingent upon (i) a written release from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, t (ii) the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and (ii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. fg. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. gh. Approval by the City of a Development Agreement by and between the Current Owner of Phase I. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of , 2024. CITY CLERK DAN TRANSIER KEN KOCH CRAIG SOLING ARDEN JOE PLOCHER CHRIS FUNKHOUSER MATT MAREK SEAVER TARULIS RUSTY CORNEILS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2024. MAYOR No.PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02-08-400-004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02-08-400-003 29.65 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02-08-200-029 42.87 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02-08-200-030 70.63 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02-08-200-019 23.39 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02-08-200-015 8.28 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02-05-400-014 8.00 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02-05-400-018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02-05-400-020 1.38 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02-08-200-022 1.62 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02-05-400-019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02-05-400-012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02-08-200-018 2.92 -UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02-05-400-013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02-05-400-005 2.38 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 WESTBURY EAST PARCEL OWNERSHIP AS OF 9-21-22 PER KENDALL COUNTY GIS RECORDS GALENA BRIDGECORNEILS ROUTE 47BOOMBAHBEECHER RYANLAURENWATERPARK BERTRAM BR I S T O L B A Y DRIVEWAY COMMERCIAL BURNETTCALEDONIA PINEWOODLONGVIEWGARRITANOPRIVATE DRIVECAMDENPORTAGE WINCHESTERBERTRAM CALEDONIASource: Esri, Maxar, Earthstar Geographics, and the GIS User Community Location Map - East Village of Westbury United City of Yorkville, Illinois March 20, 2024 (Pod 8-E) (Pods 2A-E, 2B-E, 3B-E,, 4-B & 9) (Pod 1-E & School Site) (Pod 1-E) GALENA CORNEILS WATERPAR K RYAN ROUTE 47ROSENWINKELGALENA CORNEILS WATERPAR K RYAN ROUTE 47ROSENWINKEL02-08-400-004 02-08-200-030 02-08-200-029 02-08-400-003 02-08-200-019 02-08-200-01502-05-400-01402-05-400-012 02-08-200-01802-05-400-005 02-05-400-013 02-08-200-02202-05-400-02002-05-400-01902-05-400-018 (Pods 4B-E, 5-E, 6-E & 7-E) (Pod 4-A) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2024-05 & EDC 2024-19 Corneils Road Solar – Solar Farm (Annexation, Special Use, and Rezoning) City Council – May 14, 2024 CC – 4/23/24 A public hearing was held. PZC 2024-05 & EDC 2024-19 Majority Approval Requested annexation, special use, and rezoning for a proposed alternative energy system or “solar farm”. Krysti Barksdale – Noble, AICP Community Development Name Department BACKGROUND AND PROJECT DESCRIPTION: The petitioner, Daniel Kramer on behalf of Nexamp dba Corneils Road Solar, LLC, contract leasee, is requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm. As part of the request, the petitioner is seeking to construct a 4.99-megawatt (MW) alternating current (AC) freestanding commercial solar collector system and annex three (3) unincorporated agricultural parcels (#02-08-300-008, 02-08-300-011, and 02- 08-300-012). The owners of the real property are Gary and Betty Bennett. The proposed 35-acre solar farm will be situated on approximately 94 acres of existing farmland located in unincorporated Kendall County immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The property also consists of an existing farm homestead with accessory buildings. Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: May 9, 2024 Subject: PZC 2024-05 Corneils Road Solar, LLC/Nexamp, Inc. (Bennett) Annexation, Rezoning and Special Use ANNEXATION REQUEST: As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-08-300-008, 02-08-300-011, and 02-08-300-012, totaling approximately 94-acres for the purpose of constructing and operating a community solar farm on approximately 31 acres of the annexed area. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately south of Corneils Road (Westbury South Village) and abutting to the east is the Westbury East Village. Both developments are unimproved but are entitled for mixed-use planned unit developments. REZONING & SPECIAL USE REQUESTS: The Planning and Zoning Commission held a public hearing for the rezoning and special use requests for a solar farm on April 10, 2024. The commission made the following actions on the motions below: REZONING In consideration of testimony presented during a Public Hearing on April 10, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, contingent upon approval of annexation by the City Council, for approximately 94 acres of existing farmland located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). Action Item: Millen-aye; Goins-aye; Forristall-aye; Vinyard-aye 4 ayes; 0 no SPECIAL USE In consideration of testimony presented during a Public Hearing on April 10, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, contingent upon approval of annexation by the City Council, for approximately 31 acres generally located north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street), subject to staff recommendations in a memo dated April 2, 2024. Action Item: Millen-aye; Goins-aye; Forristall-aye; Vinyard-aye 4 ayes; 0 no ATTACHMENTS: 1. Draft Annexing Ordinance 2. Plat of Annexation 3. Draft Annexation Agreement 4. Draft Special Use Ordinance 5. Draft Rezoning Ordinance 6. Planning and Zoning Commission Staff Memo 7. Revised Plan submittal date last revised 02/26/24 8. Construction Traffic exhibit dated 02/26/24 9. Engineer’s Opinion of Probable Decommissioning Cost dated 2/26/24 10. EEI Comments with Atwell Responses submitted 02/28/24 11. EEI Comments dated 03/13/24 12. Hey & Associates Landscape Review Letter dated 03/14/24 13. Technical Specifications for Battery Storage Cube 14. Annexation Agreement Application 15. Rezoning Application 16. Special Use Application 17. Corneils Road Solar Project Narrative with Attachments 18. Option and Ground Lease Agreement dated 11-26-2022 19. Illinois Department of Agriculture Letter dated 12-5-23 20. Natural Resource Information Report dated January 2024 21. Plan Council Packet (12-08-2022) 22. Public Hearing Notices Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, ANNEXING CERTAIN TERRITORY GENERALLY LOCATED IMMEDIATELY NORTH OF CORNEILS ROAD, EAST OF BEECHER ROAD, AND WEST OF IL STATE ROUTE 47 (Corneils Road Solar, LLC – Solar Farm) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by Gary and Betty Bennett, owners, and submitted by contract lessee, Nexamp dba Corneils Road Solar, LLC, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS, there are no electors residing within said territory: and, WHEREAS, the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the legal description and property index number(s) of the territory to be annexed are as follows: Ordinance No. 2024-____ Page 2 PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; Ordinance No. 2024-____ Page 3 PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED Ordinance No. 2024-____ Page 4 ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST Ordinance No. 2024-____ Page 5 ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Property Index Numbers 02-08-300-008, 02-08-300-011, and 02-08-300-012 Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR 88888778881717871817CORNEILS ROADParcel 1Parcel 2Parcel 3SUGAR GROVE , IL. MA R K G SCHELLER035-003581PROFESSIONALLANDSURVEYORSTATE OFILLINOISPLAT OF ANNEXATIONPAGE 1 OF 1PLAT OF ANNEXATIONEngineering Enterprises, Inc.UNITED CITY OF YORKVILLE651 PRAIRIE POINT DRIVEYORKVILLE , IL 60560 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this _____ day of __________, 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as “City” and Gary and Betty Bennett, hereinafter jointly referred to as “Owner”. WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 94 acres, more or less (the “Subject Property”); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as A-1 Agricultural District with a special use for a solar farm; and, WHEREAS, it is the desire of the Mayor and City Council (the “Corporate Authorities”) to annex the Subject Property and permit the solar farm as a special use, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning and special use of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the “Municipal Code”); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning and special use for the solar farm, all as required by the provisions of the City’s Zoning Code and the Municipal Code (the “Municipal Code”); and, 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the A-1 Agricultural District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby agrees, contemporaneously with annexation, the Subject Property shall be classified and shall be zoned as A-1 Agricultural District. B. The City and the Owner agree that annexation is contingent upon approval of a special use application for a solar farm which will be considered contemporaneously with the petition for annexation and rezoning submitted to the City. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. 3 Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Gary and Betty Bennett 11159 Faxon Road Yorkville, IL, 60560 To the Lessee: Matt Kwiatkowski Nexamp Solar, LLC Corneils Road Solar, LLC 101 Summer Street 2nd Floor Boston, MA 02110 Section 6. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 7. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. 4 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: __________________________________ Mayor Attest: _________________________________ City Clerk Gary Bennett By: __________________________________ Owner Betty Bennett By: __________________________________ Owner EXHIBIT A The legal description is as follows: PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PINs: 02-08-300-008, 02-08-300-011, and 02-08-300-012 Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, APPROVING A SPECIAL USE FOR A SOLAR FARM WITH FREESTANDING SOLAR ENERGY SYSTEMS (Corneils Road Solar) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1, et seq.), the Mayor and City Council of the City (collectively, the “Corporate Authorities”) may provide for the classification of special uses in its zoning ordinance; and, WHEREAS, pursuant to the United City of Yorkville Unified Development Ordinance (the “UDO”), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS, Nexamp dba Corneils Road Solar, LLC, (“the Lessee”) is leasing approximately 31 acres for the proposed installation of approximately 11,600 freestanding solar energy systems on the property owned by Gary and Betty Bennett located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street), legally described in Section 2 of this Ordinance (the “Subject Property”); and, WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a designated A-1 Agricultural District and freestanding solar energy systems are allowed with a special use permit; and, WHEREAS, the Corporate Authorities have received a request from the Lessee for a special use permit for the Subject Property to allow the solar farm with freestanding solar energy systems; and, WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and, WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was sent by certified mail; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on April 10, 2024, for the consideration of the special use application; and, Ordinance No. 2024-____ Page 2 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-5D of the UDO; and, WHEREAS, upon conclusion of said public hearing, the Planning and Zoning Commission recommended the approval with conditions for the special use for the Subject Property for a solar farm with freestanding solar energy systems. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve a special use for the Subject Property, legally described as: PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER Ordinance No. 2024-____ Page 3 OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" Ordinance No. 2024-____ Page 4 EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE Ordinance No. 2024-____ Page 5 NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-08-300-008, 02-08-300-011, and 02-08-300-012 for use as a solar farm with freestanding solar energy systems. Section 3. That the special use granted herein shall be constructed, operated, and maintained in accordance with the following plans, diagrams, and conditions: a. A photometric plan will need to be provided as part of the final engineering plans. b. Dedication of a 40’ right-of-way along Corneils Road. c. In lieu of the petitioner constructing the improvements to Corneils Road, they pay the value of the roadway improvements, per the City Engineer’s approved probable estimated of construction cost to be escrowed and used for future Corneils Road improvements. d. A security guarantee in this amount of 120% of the approved removal cost value as presented in a Decommissioning Plan prepared by Atwell, LLC dated 2/26/2024 attached hereto and made a part hereof as Exhibit A. Said estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. e. A blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. f. A minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. g. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp dated 02-26-2024 attached hereto and made a part hereof as Exhibit B. h. Compliance with the work items listed in the review letters prepared by Engineering Enterprises, Inc. dated January 10, 2024 revised February 15, 2024 and March 13, 2024 attached hereto and made a part hereof as Exhibit C. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Ordinance No. 2024-____ Page 6 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR EXHIBIT A Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostErosion Control/Contractor FeesMobilization1 LUMP SUM $10,000.00 $10,000.00$0.00 $10,000.00Electrical Disconnect1 EACH $500.00 $500.00$0.00 $500.00Permitting (NPDES)1 LUMP SUM $750.00 $750.00$0.00 $750.00Silt Fence5,096 LF $2.50 $12,740.78$0.00 $12,740.78Seeding2 ACRES $1,000.00 $2,000.00$0.00 $2,000.00Sub-Total$25,990.78$0.00 $25,990.78Site DemolitionRemove Existing 12" Storm Pipe 308 LF $10.00 $3,080.00$0.00Remove Existing Storm Structure4 EACH $500.00 $2,000.004.00 EACH$0.00 $0.00 $2,000.00Remove Existing Fence (8' Chainlink Fence) 8,200 LF $3.85 $31,570.0045,920 LB$0.09 $4,132.80 $27,437.20Remove Existing Trees30 EACH $500.00 $15,000.00$0.00 $15,000.00Remove Existing Shrub 140 EACH $200.00 $28,000.00$0.00 $28,000.00Remove Existing Concrete Parking Pad 178 SY $5.00 $890.00Haul off for Existing Concrete Parking Pad 178 SY $10.00 $1,780.00Remove Existing Gravel Entrance (12" depth) 2,237 CY $4.00 $8,948.00$0.00 $8,948.00Haul off for Existing Gravel Entrance (12" depth) 2,237 CY $10.00 $22,370.00$0.00 $22,370.00Sub-Total$113,638.00$4,132.80 $109,505.20Racking and Module RemovalPile Removal862 EACH $6.00 $5,172.00452,550 LB$0.04 $16,970.63($11,798.63)Assembly Removal148 EACH $1.25 $185.0022,200 LB$0.04 $832.50($647.50)PV Module Removal11,256 EACH $1.00 $11,256.0011,256 EACH$165.00 $1,857,240.00($1,845,984.00)PV Module Haul Off360 TON $45.00 $16,208.64$0.00 $16,208.64Sub-Total$32,821.64$1,875,043.13($1,842,221.49)Wiring RemovalUnderground MV Wire (AL)6,910 LF $2.00 $13,820.001,382.00 LB$0.30 $414.60 $13,405.40Utility Pole Removal7 EACH $750.00 $5,250.00$0.00Underground PV Wire (~400kcmil) 17,800 LF $2.00 $35,600.00925.60 LB$0.30 $277.68 $35,322.32Underground GND Wire (DC side, ~2 AWG) 5,755 LF $2.00 $11,510.00299.26 LB$0.30 $89.78 $11,420.22Underground LV Wire3,482 LF $2.00 $6,964.00696.40 LB$0.30 $208.92 $6,755.08Above Ground MV Wire425 LF $0.10 $42.5022.10 LB$0.30 $6.63 $35.87Combiner Box Removal28 EACH $80.00 $2,240.0028.00 EACH$20.00 $560.00 $1,680.00Sub-Total$75,426.50$1,557.61 $73,868.89Corneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projections Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostCorneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projectionsPower Conditioning Equipment RemovalPCU Station (inverters, etc.)2 EACH $400.00 $800.002.00 EACH$5,625.00 $11,250.00($10,450.00)Scada Equipment2 EACH $280.00 $560.002.00 EACH$2,000.00 $4,000.00($3,440.00)Battery Storage System Removal1 EACH $2,500.00 $2,500.00$0.00Transformer2 EACH $1,800.00 $3,600.002.00 EACH$93,750.00 $187,500.00($183,900.00)Sub-Total$7,460.00$202,750.00($195,290.00)Equipment Pad RemovalRemove Pad4 EACH $750.00 $3,000.00$0.00 $3,000.00Sub-Total$3,000.00$0.00 $3,000.00Decommisioning Total (Present Value) $258,336.92$2,083,483.53($1,825,146.62)Decommisioning Total (3% Inflation over 25 Years) $540,900.13$4,362,351.84($3,821,451.71)Assumptions:1. Cost Estimate based on 5-year projections. Estimate to be redone in 5-years based on new fees at that time.2. Cost Estimate is based on the Special Use Plans prepared by Atwell, LLC dated 2/26/2024.3. Refer to Decommissioning Plan for further information.Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. 9 EXHIBIT B SITE CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. ILLINOIS KENDALL COUNTY NOT TO SCALE NOT TO SCALE VICINITY MAP PROJECT OWNER NEXAMP, INC. 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (617) 431-1440 APPLICANT/CONTRACTOR CORNEILS ROAD SOLAR, LLC 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (317) 760-3190 CONTACT: MATT KWIATKOWSKI CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 EAST DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (630) 577-0800 FAX: (630) 577-0900 CONTACT: MICHAEL KEITH, P.E. DEVELOPMENT TEAM PLANNING UNITED CITY OF YORKVILLE 651 PRARIE POINTE DRIVE YORKVILLE, IL 60560 (630) 553-8573 CONTACT: KRYSTI BARKSDALE-NOBLE HIGHWAY UNITED CITY OF YORKVILLE ENGINEERING DEPARTMENT 651 PRAIRIE POINTE DRIVE YORKVILLE, ILLINOIS, 60560 (630) 466-6700 GOVERNING AGENCIES CONTACTS SITE SCALE: 1" = 5000' EROSION & SEDIMENTATION KENDALL COUNTY SOIL & WATER CONSERVATION DISTRICT 7775A ROUTE 47 YORKVILLE, IL 60560 (630) 553-5821 X 3 CONTACT: JULIE BROWN SHEET INDEX C-000 COVER SHEET C-100 EXISTING CONDITIONS PLAN C-200 SITE LAYOUT PLAN C-300 STORMWATER MANAGEMENT PLAN C-400 LANDSCAPE PLAN C-500 STANDARD DETAILS CORNEILS ROAD SOLAR, LLC A 4.99 MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY 10791 CORNEILS ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL USE APPLICATION PLANS C-000 COVER SHEET CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-100 EXISTING CONDITIONS PLAN” ” ” ”” ” ”” ”” ” ”” ” ” ” ”” ””” ”” ” ”” ” ” ” ”” ”” ”” ” ” ”” ”” ”””” ” ” ”” ”” ”” ”” ”” ” ”” ” ” ” ” ” ”” ”” ” ”” CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-200 SITE LAYOUT PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-300STORMWATER MANAGEMENTPLAN· · · CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-400 LANDSCAPE PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-500 STANDARD DETAILSIN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD 10 EXHIBIT C Ordinance No. 2024-____ Page 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED IMMEDIATELY NORTH OF CORNEILS ROAD, EAST OF BEECHER ROAD, AND WEST OF IL STATE ROUTE 47 (Corneils Road Solar, LLC – Solar Farm) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Nexamp dba Corneils Road Solar, LLC, (the “Applicant”) is leasing approximately 31 acres for the proposed installation of approximately 11,600 freestanding solar energy systems on the property owned by Gary and Betty Bennett located immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street) (the “Subject Property”), within the corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof, and is seeking rezoning of the Subject Property into the A-1 Agricultural Zoning District; and, WHEREAS, the Subject Property was approved annexation within the City on May 14, 2024 and is automatically classified in the R-1 Single-Family Suburban Residence District as set forth in Section 10-3-4 of the Unified Development Ordinance; and, WHEREAS, the Applicant desires to rezone the Subject Property into the A-1 Agricultural Zoning District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on April 10, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-12 and made findings of fact and recommendation to the Mayor and City Council (the “Corporate Authorities”) for approval of the rezoning; and, WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. Ordinance No. 2024-____ Page 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described as: PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00 ° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00°46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET;THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16°38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF Ordinance No. 2024-____ Page 3 BEGINNING;THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00°02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 28'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.68 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING;THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH 00 ° 02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00° 04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86° 06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET;THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST Ordinance No. 2024-____ Page 4 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE;THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23" EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4 FOR THE TERMINUS OF SAID LINE, AND EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 09'48" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 37.42 FEET; THENCE NORTH 88° 26'22" EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, 272.66 FEET; THENCE NORTH 00° 46'58" WEST, 200.71 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00° 52'50" WEST 1,057.46 FEET; THENCE NORTH 88° 42'24" EAST, 857.86 FEET; THENCE NORTH 00° 00'30" WEST, 375.0 FEET; THENCE NORTH 52° 02'07" EAST, 315.0 FEET, THENCE NORTH00 °02'07" EAST, 800.0 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 88 ° 30'33" EAST, ALONG SAID NORTH LINE, 1,306.96 FEET TO THE CENTER OF SAID SECTION 8; THENCE SOUTH 00 °04'03" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1,609.56 FEET TO A POINT WHICH IS 1,044.12 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 59° 25'57" WEST, 694.32 FEET; THENCE SOUTH 81° 55'57" WEST, 349.80 FEET; THENCE SOUTH 51° 55'57" WEST 280.50 FEET; Ordinance No. 2024-____ Page 5 THENCE SOUTH 39° 55'57" WEST, 153.78 FEET; THENCE SOUTH 86°06'25" WEST, 38.0 FEET; THENCE SOUTH 33° 09'12" WEST, 343.0 FEET; THENCE SOUTH 16° 38'23" WEST 379.0 FEET TO THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE 596.0 FEET TO A LINE DRAWN SOUTH 00° 21'50" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST 1/4, FROM A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 1/4 WHICH IS 475.50 FEET, NORMALLY DISTANT, EASTERLY OF THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00° 21'50" WEST, ALONG SAID PARALLEL LINE, 194.89 FEET TO SAID SOUTH LINE; THENCE NORTH 00° 09'48" EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4, 236.13 FEET TO A LINE DRAWN NORTH 89° 02'55" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° 02'55" WEST, 206.29 FEET TO A POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHERNMOST SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 85° 20'25" WEST ALONG SAID CENTER LINE OF CORNEILS ROAD, 67.47 FEET FOR A POINT OF BEGINNING; THENCE NORTH 16° 38'23"EAST, 402.58 FEET; THENCE NORTH 33° 09'12" EAST, 449.42 FEET; THENCE NORTH 52° 00'00" EAST, 398.62 FEET; THENCE NORTH 11° 27'20" EAST, 559.64 FEET; THENCE NORTH 00 ° 02'07" EAST, 634.19 FEET; THENCE NORTH 89° 57'53" WEST, 430.60 FEET TO A WESTERLY LINE OF SAID TRACT; THENCE NORTH 00° 02'07" EAST ALONG SAID WESTERLY LINE 725.68 FEET TO THE NORTH LINE OF SAID SOUTHWEST 1/4, AND EXCEPT THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 812.20 FEET, MEASURED ALONG THE EASTERLY LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-08-300-008, 02-08-300-011, and 02-08-300-012 into the A-1 Agricultural Zoning District. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No. 2024-____ Page 6 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR EXHIBIT A BACKGROUND AND PROJECT DESCRIPTION: The petitioner, Daniel Kramer on behalf of Nexamp dba Corneils Road Solar, LLC, contract leasee, is requesting annexation, rezoning, and special use permit approval to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm. As part of the request, the petitioner is seeking to annex three (3) unincorporated agricultural parcels (#02-08-300-008, 02-08-300-011, and 02-08-300- 012). The owners of the real property are Gary and Betty Bennett. The proposed 31-acre solar farm will be situated on approximately 94 acres of existing farmland located in unincorporated Kendall County immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The property also consists of an existing farm homestead with accessory buildings. ANNEXATION REQUEST: Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: April 2, 2024 Subject: PZC 2024-05 Corneils Road Solar, LLC/Nexamp, Inc. (Bennett) Annexation, Rezoning and Special Use Packet materials from 4/10/24 PZC meeting to follow As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-08-300-008, 02-08-300-011, and 02-08-300-012, totaling approximately 94-acres for the purpose of constructing and operating a community solar farm on approximately 31 acres of the annexed area. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately south of Corneils Road (Westbury South Village) and abutting to the east is the Westbury East Village. Both developments are unimproved but are entitled for mixed-use planned unit developments. Annexation is contingent upon City Council approval of a requested rezoning to A-1 Agricultural District and special use authorization for the solar farm. A draft annexation agreement has been provided for review and comment. A Plat of Annexation is required as an exhibit to the annexation agreement. A public hearing for the proposed annexation is set for April 23, 2024 before the City Council. REZONING REQUEST: Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the A-1 Agricultural District. This zoning classification would permit the continued farm use on the remainder of the annexed land. Table 10-3-12(B) Alternative Energy Uses of the United City of Yorkville’s Unified Development Ordinance identifies solar farms as special uses in the A-1 Agricultural District. Section 10-8-12 of the Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. The subject property is currently located in unincorporated and zoned A-1 Special Use in Kendall County. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 SU/ M-3 SU (Unincorporated Kendall County) Agriculture/ Trans/Communication/Utility South Corneils Road R-4 (Westbury South Village PUD) Transportation/Agriculture East R-2, R-4, B-3 (Westbury East Village) Rob Roy Creek Agriculture/Undeveloped Residential/Tributary West A-1 (Unincorporated Kendall County) Residential/Agriculture COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as Estate/Conservation Residential (ERC). The Estate/Conservation Residential (ERC) designation is generally intended for future neighborhood developments that promotes flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area and utilized this land use designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support the development of the land within the 10-year timeline of the plan. While the proposed A-1 Agricultural District is not dissimilar to the large lot/low density residential envisioned for the ERC future land use designation, an amendment to the Comprehensive Plan would be required if the rezoning is approved. SPECIAL USE REQUEST: Simultaneously with the rezoning request, the applicant is seeking special use authorization. Below is a summary of the various components of the proposed 31-acre commercial solar farm development. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setbacks specific for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required, excluding fences, for ground-mounted solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (South) 100 feet ~1,691.3 feet Rear (North) 50 feet from nonresidential/100 feet from residential ~ 56.4 feet Side (East) 50 feet from nonresidential/100 feet from residential ~ 59.3 feet Side (West) 50 feet from nonresidential/100 feet from residential ~50.2 feet • It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure (from nearest existing residential structure to nearest proposed module). The proposed commercial solar farm will consist of approximately 11,592 modules installed over ~31-acres of the existing farmland and enclosed within a fenced area, per the project narrative. The system will include two (2) central inverters and 1-2 transformers, per the Decommissioning Plan. Additionally, the inverters and transformers will be located within the fence and mounted on a concrete pad. The petitioner will enter a twenty (20) year lease with the property owner to operate the proposed community solar farm. The lease also has an option to extend the lease term for one (1) ten (10) year term and then for one or both of two (2) additional five (5) year terms. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-4-13: Alternative Energy Systems of the Unified Development Ordinance identifies solar energy systems (solar farms) as a special use within all zoning districts and establishes regulations which were used in the review of this request. The following describes how the proposed plan meets the regulations for Freestanding Solar Energy Systems: Height The maximum height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. The petitioner has submitted an exhibit (Sheet C-500 B Standard Details) illustrating a maximum solar array height as approx. 20 feet at maximum tilt. Additionally, the petitioner’s exhibit (Sheet C-06 A Standard Details) indicates a minimum solar array clearance as three (3) feet. Distance from Residential Properties In addition to meeting the required minimum setbacks, the closest array/module of the proposed solar farm will be ~1,336 feet from the property line of the nearest unincorporated residence located northwest on E. Beecher Road. Further, the overall solar farm project area is approximately 2,000 feet from the nearest residentially platted Yorkville property in the Caledonia subdivision located to the south. Glare Per the Unified Development Ordinance regarding Alternative Energy Systems for solar farms, the panels are to be placed such that the concentrated solar radiation or glare does is not directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has provided a Forgesolar Glare Analysis of three (3) observation points where glare could potentially be seen emitting from the PV arrays as either “green glare” of “yellow glare”. Green glare is defined as a glare with low potential to cause an after image (flash blindness) when observed prior to a typical blink response time. While yellow glare is a glare with a higher potential to cause an after image when observed prior to a typical blink response. According to the analysis summary, none of the three (3) observation points produced a yellow or green glare at any time during the day light hours. Additionally, the petitioner also states the solar modules will be treated with anti-reflective coating to further minimize glare. Staff defers to the City Engineer, who recommends a photometric plan will need to be provided as part of the final engineering plans. Fencing The petitioner had originally proposed an eight (8) foot tall, fixed knot farm fence to surround the perimeter of the solar farm with a 20-foot-wide double swinging vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, systems, equipment, and structures in solar farms shall be fully enclosed and secured by fence or wall with a height of eight (8) feet in height. Per staff’s recommendation, the fence has been revised to an 8’ tall, galvanized chain link fence with PVC or HDPE slats, as illustrated below. Noise Per the petitioner’s project summary, the transformer is the greatest source of noise on the property. As proposed, the transformer will be centrally located within the fenced area on either side of the 100’ water course buffer. The transformer is located about 1,966 feet to the nearest residences located to the northwest on E. Beecher Road. Noise levels measured at the property line will not exceed fifty (50) decibels. Accessory Use Section 10-4-13-A-2 of the Unified Development Ordinance states that alternative energy systems shall be an accessory to the principal permitted use. The proposed solar farm will be accessory to the existing agricultural/farming land use, as only portion of the overall land is proposed for the community solar farm use (approx. 31.0 acres of 94 acres or ~33%). Additionally, the solar farm may occupy up to 80% of a given parcel. At this time, the petitioner is not seeking to consolidate the three (3) parcels. Therefore, the maximum coverage of the solar panels on each lot is provided on the table to the right. Signage Per Section 10-4-13B.9.a.(1) and (2) of the Yorkville Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. Additionally, signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. The petitioner has provided plans that indicates contact information signage will be located on the solar farm’s fence. Utilities and Electric Service Provider Per Section 1-4-13B.4 of the Unified Development Ordinance, power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 4) for a wire connection near Corneils Road. The petitioner has provided evidence that the electric utility service has been notified of the owner’s intent to install an interconnected customer owned electricity generator. A copy of an Interconnection Agreement, as prepared by ComEd dated 03/2/2023. PARCEL AREA MAXIMUM LOT COVERAGE 02-08-300-011 23.60 18.88 acres 02-08-300-008 47.75 38.20 acres 02-08-300-012 21.94 17.55 acres Access Road/Corneils Road Improvements The proposed site access is via Corneils Road through an existing gravel driveway. The plan proposes to connect a new 15’ wide gravel access drive into the fenced area with the solar system. The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. Per Section 10-4-13B.5 of the Unified Development Ordinance, off street parking provided on-site shall be on a paved and gravel roads are not permitted. Petitioner has provided details regarding the proposed material for the access road, and staff defers to the City Engineer for approved roadway composition. Per the City Engineer’s review comments dated March 13, 2024, the proposed annexation will include potions of Corneils Road, therefore staff recommends dedication of a 40’ right-of-way. In addition, since Corneils Road is currently not constructed to City standards, improvements will be required, staff is also recommending in place of the petitioner constructing the improvements, they pay the value of the roadway improvements per the City Engineer’s estimate. Landscape Plan While landscaping is not required for solar farm uses, the petitioner had provided a landscape mix consistent with IDOT’s class 7 seed mix outside fenced areas and site-specific pollinator friendly seed mix within the fenced areas beneath the solar panels. Review comments have been provided by the consultant, Hey & Associates, on the proposed landscape plan. Abandoned Systems In the Unified Development Ordinance, Section 10-4-13-A.3 states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, the petitioner has provided a decommission plan narrative and construction estimate of $540,900.13 at year 25 with a 3% annual inflation rate. Per the City Engineer’s review comments in a letter dated March 13, 2024, staff finds the value acceptable. Therefore, staff recommends a security guarantee in this amount of 120% of the approved removal cost value and the estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. In addition to the security guarantee, staff also recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. The petitioner is aware of these conditions which will be a part of their special use authorization. Battery Energy Storage System The proposal also includes a Battery Energy Storage system located on the west side of the Rob Roy Creek drainage ditch, near the center of the fenced in solar farm. Per Table 10-3-12(B) Permitted and Special Uses in the Unified Development Ordinance, battery energy storage systems as primary uses are only permitted in the manufacturing districts. Since this battery storage system appears to be an accessory use, staff has requested additional information on the system. Upon review by the City’s Building Code Official and the Bristol Kendall Fire District’s (BKFD) Fire Marshal, staff recommends a minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated January 10, 2024 revised February 15, 2024, and March 13, 2024. The petitioner has responded to the letter with comments provided February 28, 2024, which are attached for your review. The work items listed in the review letters dated January 10, 2024 revised February 15, 2024 and March 13, 2024 will become conditions for the Special Use and a requirement for issuance of a building permit. RECENT UDO TEXT AMENDMENT The City Council recently approved an amendment to the Unified Development Ordinance at their March 26, 2024 meeting establishing acceptable locations of solar farm developments within Yorkville which are as follows: (1) a minimum 1,000-foot buffer between the nearest solar array and a major roadway and (2) a minimum 1,000-foot buffer between the nearest solar array and the Fox River. The proposed location of the Corneils Road Solar Farm meets the above approved criteria. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendment s consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). SPECIAL USE STANDARDS Section 10-8-5-D states specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the official comprehensive plan of the City as amended. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. A photometric plan will need to be provided as part of the final engineering plans. 2. Dedication of a 40’ right-of-way along Corneils Road. 3. In lieu of the petitioner constructing the improvements to Corneils Road, they pay the value of the roadway improvements, per the City Engineer’s approved probable estimated of construction cost to be escrowed and used for future Corneils Road improvements. 4. A security guarantee in this amount of 120% of the approved removal cost value as presented in a Decommissioning Plan prepared by Atwell, LLC dated 2/26/2024. Said estimate will need to be revised every three (3) years. The guarantee must also be in a form acceptable to the City Engineer as a condition of the Special Use approval. 5. A blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 6. A minimum ten (10) foot setback from all structures on the property and the proposed battery energy storage system. 7. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp dated 02-26-2024 8. Compliance with the work items listed in the review letters prepared by Engineering Enterprises, Inc. dated January 10, 2024 revised February 15, 2024 and March 13, 2024. ATTACHMENTS: 1. Draft Annexation Agreement 2. Draft Special Use Ordinance 3. Draft Rezoning Ordinance 4. Revised Plan submittal date last revised 02/26/24 5. Construction Traffic exhibit dated 02/26/24 6. Engineer’s Opinion of Probable Decommissioning Cost dated 2/26/24 7. EEI Comments with Atwell Responses submitted 02/28/24 8. EEI Comments dated 03/13/24 9. Hey & Associates Landscape Review Letter dated 03/14/24 10. Technical Specifications for Battery Storage Cube 11. Annexation Agreement Application 12. Rezoning Application 13. Special Use Application 14. Corneils Road Solar Project Narrative with Attachments 15. Option and Ground Lease Agreement dated 11-26-2022 16. Illinois Department of Agriculture Letter dated 12-5-23 17. Natural Resource Information Report dated January 2024 18. Plan Council Packet (12-08-2022) 19. Public Hearing Notices SITE CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. ILLINOIS KENDALL COUNTY NOT TO SCALE NOT TO SCALE VICINITY MAP PROJECT OWNER NEXAMP, INC. 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (617) 431-1440 APPLICANT/CONTRACTOR CORNEILS ROAD SOLAR, LLC 101 SUMMER STREET, SECOND FLOOR BOSTON, MA 02110 PHONE: (317) 760-3190 CONTACT: MATT KWIATKOWSKI CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 EAST DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (630) 577-0800 FAX: (630) 577-0900 CONTACT: MICHAEL KEITH, P.E. DEVELOPMENT TEAM PLANNING UNITED CITY OF YORKVILLE 651 PRARIE POINTE DRIVE YORKVILLE, IL 60560 (630) 553-8573 CONTACT: KRYSTI BARKSDALE-NOBLE HIGHWAY UNITED CITY OF YORKVILLE ENGINEERING DEPARTMENT 651 PRAIRIE POINTE DRIVE YORKVILLE, ILLINOIS, 60560 (630) 466-6700 GOVERNING AGENCIES CONTACTS SITE SCALE: 1" = 5000' EROSION & SEDIMENTATION KENDALL COUNTY SOIL & WATER CONSERVATION DISTRICT 7775A ROUTE 47 YORKVILLE, IL 60560 (630) 553-5821 X 3 CONTACT: JULIE BROWN SHEET INDEX C-000 COVER SHEET C-100 EXISTING CONDITIONS PLAN C-200 SITE LAYOUT PLAN C-300 STORMWATER MANAGEMENT PLAN C-400 LANDSCAPE PLAN C-500 STANDARD DETAILS CORNEILS ROAD SOLAR, LLC A 4.99 MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY 10791 CORNEILS ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL USE APPLICATION PLANS C-000 COVER SHEET CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-100 EXISTING CONDITIONS PLAN” ” ” ”” ” ”” ”” ” ”” ” ” ” ”” ””” ”” ” ”” ” ” ” ”” ”” ”” ” ” ”” ”” ”””” ” ” ”” ”” ”” ”” ”” ” ”” ” ” ” ” ” ”” ”” ” ”” CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-200 SITE LAYOUT PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-300STORMWATER MANAGEMENTPLAN· · · CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-400 LANDSCAPE PLAN CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comC-500 STANDARD DETAILSIN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD CDrawing Title:Project:P.E. seal/Consultant:SPECIAL USE APPLICATION PLANS10791 CORNEILS ROADUNITED CITY OF YORKVILLE, KENDALLCOUNTY, ILCORNEILS ROADSOLAR, LLCDrawn by: LH/CMPApproved by: MBKDwg No:Sheet Rev:Size: ARCH D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-01CONSTRUCTION TRAFFICEXHIBIT Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostErosion Control/Contractor FeesMobilization1 LUMP SUM $10,000.00 $10,000.00$0.00 $10,000.00Electrical Disconnect1 EACH $500.00 $500.00$0.00 $500.00Permitting (NPDES)1 LUMP SUM $750.00 $750.00$0.00 $750.00Silt Fence5,096 LF $2.50 $12,740.78$0.00 $12,740.78Seeding2 ACRES $1,000.00 $2,000.00$0.00 $2,000.00Sub-Total$25,990.78$0.00 $25,990.78Site DemolitionRemove Existing 12" Storm Pipe 308 LF $10.00 $3,080.00$0.00Remove Existing Storm Structure4 EACH $500.00 $2,000.004.00 EACH$0.00 $0.00 $2,000.00Remove Existing Fence (8' Chainlink Fence) 8,200 LF $3.85 $31,570.0045,920 LB$0.09 $4,132.80 $27,437.20Remove Existing Trees30 EACH $500.00 $15,000.00$0.00 $15,000.00Remove Existing Shrub 140 EACH $200.00 $28,000.00$0.00 $28,000.00Remove Existing Concrete Parking Pad 178 SY $5.00 $890.00Haul off for Existing Concrete Parking Pad 178 SY $10.00 $1,780.00Remove Existing Gravel Entrance (12" depth) 2,237 CY $4.00 $8,948.00$0.00 $8,948.00Haul off for Existing Gravel Entrance (12" depth) 2,237 CY $10.00 $22,370.00$0.00 $22,370.00Sub-Total$113,638.00$4,132.80 $109,505.20Racking and Module RemovalPile Removal862 EACH $6.00 $5,172.00452,550 LB$0.04 $16,970.63($11,798.63)Assembly Removal148 EACH $1.25 $185.0022,200 LB$0.04 $832.50($647.50)PV Module Removal11,256 EACH $1.00 $11,256.0011,256 EACH$165.00 $1,857,240.00($1,845,984.00)PV Module Haul Off360 TON $45.00 $16,208.64$0.00 $16,208.64Sub-Total$32,821.64$1,875,043.13($1,842,221.49)Wiring RemovalUnderground MV Wire (AL)6,910 LF $2.00 $13,820.001,382.00 LB$0.30 $414.60 $13,405.40Utility Pole Removal7 EACH $750.00 $5,250.00$0.00Underground PV Wire (~400kcmil) 17,800 LF $2.00 $35,600.00925.60 LB$0.30 $277.68 $35,322.32Underground GND Wire (DC side, ~2 AWG) 5,755 LF $2.00 $11,510.00299.26 LB$0.30 $89.78 $11,420.22Underground LV Wire3,482 LF $2.00 $6,964.00696.40 LB$0.30 $208.92 $6,755.08Above Ground MV Wire425 LF $0.10 $42.5022.10 LB$0.30 $6.63 $35.87Combiner Box Removal28 EACH $80.00 $2,240.0028.00 EACH$20.00 $560.00 $1,680.00Sub-Total$75,426.50$1,557.61 $73,868.89Corneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projections Atwell, L.L.C.ProjectCorneils Solar 1250 East Diehl Road, Suite 300Location(630) 577-0800Site:4.99 MWACParcel ID:02-08-300-011, 02-08-300-012, 02-08-300-008Date2/26/2024Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar During First 5 Years of OperationEstimated QuantityUnit Unit CostRemoval CostEstimated QuantityUnitUnit CostSalvage ValueNet CostCorneils Road, City of Yorkville, Kendall County, Bristol Township, IllinoisSalvage Value based on 5-year projectionsPower Conditioning Equipment RemovalPCU Station (inverters, etc.)2 EACH $400.00 $800.002.00 EACH$5,625.00 $11,250.00($10,450.00)Scada Equipment2 EACH $280.00 $560.002.00 EACH$2,000.00 $4,000.00($3,440.00)Battery Storage System Removal1 EACH $2,500.00 $2,500.00$0.00Transformer2 EACH $1,800.00 $3,600.002.00 EACH$93,750.00 $187,500.00($183,900.00)Sub-Total$7,460.00$202,750.00($195,290.00)Equipment Pad RemovalRemove Pad4 EACH $750.00 $3,000.00$0.00 $3,000.00Sub-Total$3,000.00$0.00 $3,000.00Decommisioning Total (Present Value) $258,336.92$2,083,483.53($1,825,146.62)Decommisioning Total (3% Inflation over 25 Years) $540,900.13$4,362,351.84($3,821,451.71)Assumptions:1. Cost Estimate based on 5-year projections. Estimate to be redone in 5-years based on new fees at that time.2. Cost Estimate is based on the Special Use Plans prepared by Atwell, LLC dated 2/26/2024.3. Refer to Decommissioning Plan for further information.Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. Acknowledged. SUP plans show holding places for detention facilities. This has been added and labeled on sheet C-200 of the SUP plans. Noted. No wetlands present, just the Rob Roy Creek watercourse. Will provide delineation report. JD is currently processing. Noted - will be provided with Final Engineering. Noted, to be addressed during final emgineering. Noted, to be addressed during final emgineering. This has been added and labeled in the SUP plans. No equipment is proposed within the sanitary sewer easements. We will pursue an IDNR permit. Noted - will be provided with Final Engineering. Noted - provided with this submittal. - Noted - Noted - Provided - No lighting proposed. - Noted - Noted Hey and Associates, Inc. Engineering, Ecology and Landscape Architecture 8755 W. HIGGINS ROAD, SUITE 835 CHICAGO, ILLINOIS 60631 PHONE (773) 693-9200 FAX (773) 693-9200 March 14, 2024 Pamela Whitfield, PE, CFM Senior Project Engineer II Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Project No.: 21-0275 AF Re: Landscape Plan and Wetland Review YO2402-DR Corneils Road Solar, LLC Dear Pamela: We have completed our first landscape plan review of the proposed Corneils Road Solar facility, located at 10791 Corneils Road in Yorkville. Landscape Plan – NOT RECOMMENDED FOR APPROVAL For reasons described below, this landscape plan is not recommended for approval at this time. Wetland comments are also included. A response letter from the petitioner which addresses all review comments should be provided with their next submittal. REVIEW COMMENTS Comments must be addressed before landscape plan approval can be recommended. If there are any changes to the proposed project, additional comments may be provided. Please note that the requirements of each section are in addition to the requirements of all other sections of the ordinance (i.e., trees and other plant materials cannot be “double counted” to meet multiple requirements). Building Foundation Landscape Zone No buildings are proposed, so therefore building foundation landscape zone requirements do not apply. Parking Area Perimeter Landscape Zone No off-street parking areas abut a public or private right-of-way (excluding alleys), so therefore parking area perimeter landscape zone requirements do not apply. Parking Area Interior Landscape Zone No off-street parking areas consisting of 10 or more spaces are proposed, so therefore parking area interior landscape zone requirements do not apply. Transition Zone Because adjacent land use is agricultural, transition zone requirements do not apply. Pamela Whitfield YO2402-DR Corneils Road Solar, LLC March 14, 2024 page 2 Species Diversity Requirements The landscape plan indicates a “Pollinator Friendly Seed Mix” will be installed. A representative species mix is included but so is a note reading seed mix to be provided with final engineering plans. Therefore, the pollinator mix shall be subject to review and approval after submittal of final engineering. Depending upon hydrology (e.g., depth and duration of flooding), the pollinator seed mix may not be appropriate for the detention basins. Tree Preservation and Removal No live tree with a 4” or greater DBH may be removed without approval. A review of Google Earth imagery reveals trees are present on the site throughout the creek corridor. It is not clear from the plans whether any trees are to be removed. A tree survey is required; tree replacement may also be required. Street Trees Requirements appear to be met. General The landscape plan indicates a “Pollinator Friendly Seed Mix” will be installed. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. The plans should indicate what is proposed on the southern portion of the site that appears vacant. Wetlands A valid wetland delineation and jurisdictional determination of the proposed project area are required. A linear buffer along all watercourses is required. Buffer width shall be calculated per City or USACE requirements, whichever is more stringent. Any impacts to wetlands or waters must be clearly identified on the plans. Additional comments may be provided after complete information is submitted. SUMMARY This review was based upon the following documents, pursuant to requirements of the City’s Unified Development Ordinance and Wetland Ordinance.  Special Use Application Plans, 6 sheets, prepared by Atwell, most recently dated 8/18/22 Let us know if there are any questions or comments. Sincerely, Tim Pollowy, PLA, ASLA Senior Landscape Architect ©B Y D A U T O I n d u s t r y C o m p a n y L i m i t e d .A l l r i g h t s r e s e r v e d .S u b j e c t t o c h a n g e w i t h o u t n o t i c e . V1.2 2023-01-05 System Features High Energy Density Compact mechanical design,minimized footprint Safe &Long Lifecycle High efficient system with safe and long lifecycle LFP battery Highly Integrated Highly integrated system to allow flexible transportation and on-site installation ALL IN ONE design,integrated local controller,HVAC and FSS to ensure system safety Circuit Diagram BYD -MC Cube MC10C-B5365-U-R4M01 MC10C-B4659-U-R2M01 ©B Y D A U T O I n d u s t r y C o m p a n y L i m i t e d .A l l r i g h t s r e s e r v e d .S u b j e c t t o c h a n g e w i t h o u t n o t i c e . V1.2 2023-01-05 System Parameter System Type MC10C-B5365-U-R4M01 MC10C-B4659-U-R2M01 DC Data Cell type LFP LFP Pack type 1P416S 1P416S System configuration 10 × 1P416S 10 × 1P416S Battery capacity (BOL)5365kWh 4659kWh DC usable energy (BOL)@FAT 5099kWh 4428kWh DC usable energy (BOL)@SAT 4946kWh 4295kWh Battery voltage range 1081.6～1497.6 1081.6～1497.6 Nominal power 1236kW 2147kW General Data Dimensions (W×D×H)6058×2438×2896mm 6058×2438×2896mm Weight ~41035kg ~41385kg IP rating IP55 IP55 Ambient operating temperature range -30℃～+55℃【1】-30℃～+55℃【1】 Relative humidity 5%～100%5%～100% Max.working altitude ＜2000m【2】＜2000m【2】 Cooling concept Smart air cooling Liquid cooling Noise ≤75dBA ≤75dBA Fire suppression system With fire alarm system With fire alarm system Auxiliary power interface AC480V/60Hz,3P4W AC480V/60Hz,3P4W Auxiliary system peak power requirement @45℃,PF0.8 39kVA 76kVA Communication interfaces Ethernet Ethernet Communication protocols Modbus TCP/IP Modbus TCP/IP Standard color RAL 9003 RAL 9003 Compliance UL1973,NFPA69,NFPA72,NFPA855,CFC UN3536,UL9540A,UL9540 Note: 【1】Power derating is performed when the ambient temperature is below -15℃or above +45℃. 【2】Power derating is performed when the altitude is between 2000-3000m. NATURAL RESOURCE INFORMATION (NRI) REPORT: #2401 Jan. 2024 Petitioner: Corneils Road Solar, LLC Contact: Matt Kwiatkowski (Nexamp) Prepared By: 7775A Route 47 Yorkville, Illinois 60560 Phone: (630) 553-5821 x3 www.kendallswcd.org NRI 2401 January 2024 Natural Resource Information Report Number 2401 Date District Board Reviews Application January 2024 Applicant’s Name Corneils Road Solar, LLC Size of Parcel (+/-) 41.0 acres Current Zoning & Use A-1 Agricultural Special Use (Kendall County), R-1 Single-Family Residence (City of Yorkville); Agricultural field Proposed Zoning & Use A-1 Agricultural Special Use; Solar Facility Parcel Index Number(s) 02-08-300-008, 02-08-300-011, 02-08-300-012 Contact Person Matt Kwiatkowski (Nexamp) KENDALL COUNTY SOIL AND WATER CONSERVATION DISTRICT NATURAL RESOURCE INFORMATION (NRI) REPORT Copies of this report or notification of the proposed land-use change was provided to: Yes No The Applicant X X The Applicant’s Legal Representation The Local/Township Planning Commission X The Village/City/County Planning and Zoning Department or Appropriate Agency X The Kendall County Soil and Water Conservation District Files X Report Prepared By: Alyse Olson Position: Resource Conservationist NRI 2401 January 2024 PURPOSE AND INTENT The purpose of this report is to provide officials of the local governing body and other decision-makers with natural resource information. This information may be useful when undertaking land use decisions concerning variations, amendments or relief of local zoning ordinances, proposed subdivision of vacant or agricultural lands and the subsequent development of these lands. This report is a requirement under Section 22.02a of the Illinois Soil and Water Conservation Districts Act. The intent of this report is to present the most current natural resource information available in a readily understandable manner. It contains a description of the present site conditions, the present resources, and the potential impacts that the proposed change may have on the site and its resources. The natural resource information was gathered from standardized data, on-site investigations and information furnished by the petitioner. This report must be read in its entirety so that the relationship between the natural resource factors and the proposed land use change can be fully understood. Due to the limitations of scale encountered with the various resource maps, the property boundaries depicted in the various exhibits in this report provide a generalized representation of the property location and may not precisely reflect the legal description of the PIQ (Parcel in Question). This report, when used properly, will provide the basis for proper land use change decisions and development while protecting the natural resource base of the county. It should not be used in place of detailed environmental and/or engineering studies that are warranted under most circumstances, but in conjunction with those studies. The conclusions of this report in no way indicate that a certain land use is not possible, but it should alert the reader to possible problems that may occur if the capabilities of the land are ignored. Any questions on the technical data supplied in this report or if anyone feels that they would like to see more additional specific information to make the report more effective, please contact: Kendall County Soil and Water Conservation District 7775A Route 47, Yorkville, IL 60560 Phone: (630) 553-5821 ext. 3 E-mail: Alyse.Olson@il.nacdnet.net NRI 2401 January 2024 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 1 PARCEL LOCATION ........................................................................................................................................ 8 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION ........................................................................... 10 ECOLOGICALLY SENSITIVE AREAS ............................................................................................................... 11 SOILS INFORMATION .................................................................................................................................. 13 SOILS INTERPRETATIONS EXPLANATION..................................................................................................... 15 BUILDING LIMITATIONS .............................................................................................................................. 16 SOIL WATER FEATURES ............................................................................................................................... 21 SOIL EROSION AND SEDIMENT CONTROL ................................................................................................... 23 PRIME FARMLAND SOILS ............................................................................................................................ 24 LAND EVALUATION AND SITE ASSESSMENT (LESA) .................................................................................... 25 LAND USE PLANS ......................................................................................................................................... 27 DRAINAGE, RUNOFF, AND FLOOD INFORMATION ..................................................................................... 27 WATERSHED PLANS .................................................................................................................................... 31 WETLAND INFORMATION ........................................................................................................................... 32 HYDRIC SOILS .............................................................................................................................................. 34 WETLAND AND FLOODPLAIN REGULATIONS .............................................................................................. 36 GLOSSARY.................................................................................................................................................... 37 REFERENCES ................................................................................................................................................ 40 LIST OF FIGURES FIGURE 1: Soil Map ………………………………..……………………..……………………………………………………..………………… 2 FIGURE 2: Soil Limitations …………..……………………………………………………….…………………………………………………. 4 FIGURE 3: 2021 Plat Map ………………..……………………………………………………….………...………………………………….. 8 FIGURE 4: 2021 Aerial Map with NRI Site Boundary …………………………….………………………….……………..……... 9 FIGURE 5: Soil Map ………………………………………………………………………………….…………………………………………… 14 FIGURE 6A-6C: Maps of Building Limitations ……………………………………………..……………………………..…….. 18-20 NRI 2401 January 2024 FIGURE 7: Prime Farmland Soils …………………………………….………………………………………..…………………….…….. 24 FIGURE 8: Flood Map ……………………..………………….……………….…………………….………….……………………………… 29 FIGURE 9: Topographic Map ……………………………………………….…………………………..………………….……………….. 30 FIGURE 10: Wetland Map ……………………………………………………………………………………………..…….……….………. 33 FIGURE 11: Hydric Soils Map …………………………………………………………………………………….……….…….…………… 35 LIST OF TABLES TABLE 1: Soils Information ……………………………………………………………….…………………………………………………….. 2 TABLE 2: Soil Limitations ………………………………..………………………………………………….……………………….………….. 4 TABLE 3: Soil Map Unit Descriptions …………………………………………………………….…………………………..………….. 14 TABLE 4: Building Limitations ……………………………………………………………………………………………………………….. 17 TABLE 5: Water Features ………………………………………………………………………………………….……………………..…… 22 TABLE 6: Soil Erosion Potential ……………………………………………………………………………………………….……………. 23 TABLE 7: Prime Farmland Soils …………………………………………………………………………………………………..…………. 24 TABLE 8: Land Evaluation Computation …………………………………………………………..…………………………..………. 25 TABLE 9: Hydric Soils ………………………..……………………………………………………..…………………………….…..………… 34 NRI 2401 January 2024 1 EXECUTIVE SUMMARY Natural Resource Information Report Number #2401 Petitioner Corneils Road Solar, LLC Contact Person Matt Kwiatkowski (Nexamp) County or Municipality the Petition is Filed With United City of Yorkville Location of Parcel Southwest ¼ of Section 8, Township 37 North, Range 7 East (Bristol Township) of the 3rd Principal Meridian Project or Subdivision Name Corneils Road Solar Existing Zoning & Land Use A-1 Agricultural Special Use (Kendall County), R-1 Single-Family Residence (City of Yorkville); Agricultural field Proposed Zoning & Land Use A-1 Agricultural Special Use; Solar Facility Proposed Water Source Not applicable Proposed Type of Sewage Disposal System Not applicable Proposed Type of Storm Water Management Not indicated Size of Site (+/-) 41.0 acres Land Evaluation Site Assessment (LESA) Score (Land Evaluation: 95; Site Assessment: N/A) NRI 2401 January 2024 2 NATURAL RESOURCE CONSIDERATIONS SOIL INFORMATION Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2008 Kendall County Soil Survey, this project area contains the soil types shown in Figure 1 and Table 1. Please note this does not replace the need for or results of onsite soil testing. If completed, please refer to onsite soil test results for planning/engineering purposes. Figure 1: Soil Map Table 1: Soils Information Soil Type Soil Name Drainage Class Hydrologic Group Hydric Designation Farmland Designation Acres % Area 67A Harpster silty clay loam, 0-2% slopes Poorly Drained B/D Hydric Prime Farmland if Drained 0.6 1.4% 149A Brenton silt loam, 0-2% slopes Somewhat Poorly Drained B/D Non-Hydric with Hydric Inclusions Prime Farmland 4.3 10.1% 152A Drummer silty clay loam, 0-2% slopes Poorly Drained B/D Hydric Prime Farmland if Drained 23.4 54.5% 330A Peotone silty clay loam, 0-2% slopes Very Poorly Drained C/D Hydric Prime Farmland if Drained 14.4 33.5% 791B Rush silt loam, 2-4% slopes Well Drained B Non-Hydric Prime Farmland 0.2 0.5% NRI 2401 January 2024 3 Hydrologic Soil Groups – Soils have been classified into four (A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D), the first letter is for drained areas and the second letter is for undrained areas. • Hydrologic group A: Soils have a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Hydrologic group B: Soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture. These soils have a moderate rate of water transmission. • Hydrologic group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Hydrologic group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Hydric Soils – A hydric soil is one that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile that supports the growth or regeneration of hydrophytic vegetation. Soils with hydric inclusions have map units dominantly made up of non-hydric soils that may have inclusions of hydric soils in the lower positions on the landscape. Of the soils found onsite, three are classified as hydric soil (67A Harpster silty clay loam, 152A Drummer silty clay loam, and 330A Peotone silty clay loam), one is classified as non-hydric soil (791B Rush silt loam), and one is classified as non-hydric soil with hydric inclusions likely (149A Brenton silt loam). Prime Farmland – Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. Of the soils found onsite, two are designated as prime farmland (149A Brenton silt loam and 791B Rush silt loam) and three are designated as prime farmland if drained (67A Harpster silty clay loam, 152A Drummer silty clay loam, and 330A Peotone silty clay loam). Soil Limitations – The USDA-NRCS Web Soil Survey rates the limitations of soils for dwellings, small commercial buildings, solar arrays, shallow excavations, lawns/landscaping, local roads and streets, etc. Soils have different properties which influence the development of building sites. The USDA-NRCS classifies soils as Not Limited, Somewhat Limited, and Very Limited. Soils that are Not Limited indicates that the soil has properties that are favorable for the specified use. They will perform well and will have low maintenance. Soils that are Somewhat Limited are moderately favorable, and their limitations can be overcome through special planning, design, or installation. Soils that are Very Limited have features that are unfavorable for the specified use, and their limitations cannot easily be overcome. NRI 2401 January 2024 4 Table 2: Soil Limitations Soil Type Solar Arrays, Soil-Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/ Landscaping 67A Very Limited Very Limited Very Limited Very Limited 149A Very Limited Very Limited Very Limited Somewhat Limited 152A Very Limited Very Limited Very Limited Very Limited 330A Very Limited Very Limited Very Limited Very Limited 791B Very Limited Very Limited Somewhat Limited Somewhat Limited Figure 2: Soil Limitations KENDALL COUNTY LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: • Land Evaluation (LE): The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system.  The Land Evaluation score for this site is 95, indicating that the soils are well suited for agricultural uses. • Site Assessment (SA): The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The Site Assessment value is based on a 200-point scale and accounts for 2/3 of the total score. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment 0 20 40 60 80 100 Solar Arrays, Soil- Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns/Landscaping % OF SOIL TYPE OF IMPROVEMENT SOIL LIMITATIONS Not Limited Somewhat Limited Very Limited NRI 2401 January 2024 5 (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel.  The Site Assessment score for this site is not applicable. WETLANDS The U.S. Fish & Wildlife Service’s National Wetlands Inventory map indicates the presence of wetland(s)/waters on the proposed project site. To determine if a wetland is present, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. A Wetland Determination/Delineation Report dated September 1, 2023, was prepared by Atwell, LLC. The results of their review indicated the presence of two watercourses on the site (Rob Roy Creek and an unnamed tributary of Rob Roy Creek). FLOODPLAIN The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for Kendall County, Community Panel No. 17093C0030G (effective date February 4, 2009) was reviewed to determine the presence of floodplain and floodway areas within the project site. According to the map, the site does not likely contain areas of regulated floodplain or floodway. SEDIMENT AND EROSION CONTROL Development on this site should include an erosion and sediment control plan in accordance with local, state, and federal regulations. Soil erosion on construction sites is a resource concern as suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. Please consult the Illinois Urban Manual (https://illinoisurbanmanual.org/) for appropriate best management practices. STORMWATER POLLUTION A National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. ECOLOGICAL CONSIDERATIONS Developers of solar project sites are encouraged to plant native groundcover. Native shrubs, grasses, and wildflowers offer benefits such as improved erosion control, pesticide avoidance, stormwater infiltration, wildlife habitat, and reduced overall maintenance. Naturalized areas, once established, are more drought tolerant, require little to no fertilization, and only need to be mowed once or twice a year. Native fruiting and flowering plants also provide a food source and habitat for native pollinators which offer the ecological service of pollinating our agricultural crops. The District recognizes two potential sources of water pollution from solar farms including cracked panels and oil leaks or spills from transformers. Cracked panels can leach toxic materials if many broken panels are exposed to precipitation over a long period of time. To prevent this issue, solar farm operators should regularly inspect for cracked panels. Cracked or broken panels must be immediately stored under protective cover and should be periodically transported offsite for recycling or proper offsite storage. NRI 2401 January 2024 6 Electrical transformers are used to increase output voltage from solar farms to the electrical grid. These transformers contain oil, which can leak or spill resulting in environmental damage. To reduce environmental damage, biodegradable oil can be used in the transformers. Larger transformers typically use mineral-based oil unless biodegradable oil is specifically requested. Leaks and spills of biodegradable oil must still be prevented, but the risk for groundwater contamination would be reduced and clean-up efforts simplified in the event of a release. Secondary containment systems such as trays, membranes, or vaults can also be used in the event of a leak or spill. Containment systems must be designed to manage stormwater so adequate containment volume is maintained. This would be the responsibility of the solar developer. NRI 2401 January 2024 8 PARCEL LOCATION Figure 3: 2021 Plat Map Southwestern ¼ of Section 8, Township 37 North, Range 7 East (Bristol Township). These parcels contain approximately 41.0 acres and are located north of Corneils Road, east of Beecher Road, south of Galena Road, and west of Illinois Route 47. NRI 2401 January 2024 9 Figure 4: 2021 Aerial Map with NRI Project Boundary NRI 2401 January 2024 10 ARCHAEOLOGIC/CULTURAL RESOURCES INFORMATION Simply stated, cultural resources are all the past activities and accomplishments of people. They include the following: buildings; objects made or used by people; locations; and less tangible resources, such as stories, dance forms, and holiday traditions. The Soil and Water Conservation District most often encounters cultural resources as historical properties. These may be prehistoric or historical sites, buildings, structures, features, or objects. The most common type of historical property that the Soil and Water Conservation District may encounter is non-structural archaeological sites. These sites often extend below the soil surface and must be protected against disruption by development or other earth moving activity if possible. Cultural resources are non- renewable because there is no way to “grow” a site to replace a disrupted site. Landowners with historical properties on their land have ownership of that historical property. However, the State of Illinois owns all the following: human remains, grave markers, burial mounds, and artifacts associated with graves and human remains. Non-grave artifacts from archaeological sites and historical buildings are the property of the landowner. The landowner may choose to disturb a historical property but may not receive federal or state assistance to do so. If an earth moving activity disturbs human remains, the landowner must contact the county coroner within 48 hours. The Illinois State Historic Preservation Office has not been notified of the proposed land use change by the Kendall County SWCD. The applicant may need to contact them according to current Illinois law. NRI 2401 January 2024 11 ECOLOGICALLY SENSITIVE AREAS WHAT IS BIOLOGICAL DIVERSITY AND WHY SHOULD IT BE CONSERVED?1 Biological diversity, or biodiversity, is the range of life on our planet. A more thorough definition is presented by botanist Peter H. Raven: “At the simplest level, biodiversity is the sum total of all the plants, animals, fungi and microorganisms in the world, or in a particular area; all of their individual variation; and all of the interactions between them. It is the set of living organisms that make up the fabric of the planet Earth and allow it to function as it does, by capturing energy from the sun and using it to drive all of life’s processes; by forming communities of organisms that have, through the several billion years of life’s history on Earth, altered the nature of the atmosphere, the soil and the water of our Planet; and by making possible the sustainability of our planet through their life activities now” (Raven 1994). It is not known how many species occur on our planet. Presently, about 1.4 million species have been named. It has been estimated that there are perhaps 9 million more that have not been identified. What is known is that they are vanishing at an unprecedented rate. Reliable estimates show extinction occurring at a rate several orders of magnitude above “background” in some ecological systems (Wilson 1992, Hoose 1981). The reasons for protecting biological diversity are complex, but they fall into four major categories. First, loss of diversity generally weakens entire natural systems. Healthy ecosystems tend to have many natural checks and balances. Every species plays a role in maintaining this system. When simplified by the loss of diversity, the system becomes more susceptible to natural and artificial perturbations. The chances of a system-wide collapse increase. In parts of the midwestern United States, for example, it was only the remnant areas of natural prairies that kept soil intact during the dust bowl years of the 1930s (Roush 1982). Simplified ecosystems are almost always expensive to maintain. For example, when synthetic chemicals are relied upon to control pests, the target species are not the only ones affected. Their predators are almost always killed or driven away, exasperating the pest problem. In the meantime, people are unintentionally breeding pesticide-resistant pests. A process has begun where people become perpetual guardians of the affected area, which requires the expenditure of financial resources and human ingenuity to keep the system going. A second reason for protecting biological diversity is that it represents one of our greatest untapped resources. Great benefits can be reaped from a single species. About 20 species provide 90% of the world’s food. Of these 20, just three, wheat, maize, and rice-supply over one half of that food. American wheat farmers need new varieties every five to 15 years to compete with pests and diseases. Wild strains of wheat are critical genetic reservoirs for these new varieties. Further, every species is a potential source of human medicine. In 1980, a published report identified the market value of prescription drugs from higher plants at over $3 billion. Organic alkaloids, a class of NRI 2401 January 2024 12 chemical compounds used in medicines, are found in an estimated 20% of plant species. Yet only 2% of plant species have been screened for these compounds (Hoose 1981). The third reason for protecting diversity is that humans benefit from natural areas and depend on healthy ecosystems. The natural world supplies our air, our water, our food and supports human economic activity. Further, humans are creatures that evolved in a diverse natural environment between forest and grasslands. People need to be reassured that such places remain. When people speak of “going to the country,” they generally mean more than getting out of town. For reasons of their own sanity and wellbeing, they need a holistic, organic experience. Prolonged exposure to urban monotony produces neuroses, for which cultural and natural diversity cure. Historically, the lack of attention to biological diversity, and the ecological processes it supports, has resulted in economic hardships for segments of the basin’s human population. The final reason for protecting biological diversity is that species and natural systems are intrinsically valuable. The above reasons have focused on the benefits of the natural world to humans. All things possess intrinsic value simply because they exist. BIOLOGICAL RESOURCES CONCERNING THE SUBJECT PARCEL As part of the Natural Resources Information Report, staff checks office maps to determine if any nature preserves or ecologically sensitive areas are in the general vicinity of the parcel in question. If there is a nature preserve in the area, then that resource will be identified as part of the report. The SWCD recommends that every effort be made to protect that resource. Such efforts should include, but are not limited to erosion control, sediment control, stormwater management, and groundwater monitoring. ______________________________________________________________________________ 1Taken from The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities, prepared by the Nature Conservancy Great Lakes Program 79W. Monroe Street, Suite 1309, Chicago, IL 60603, January 1994. Office maps indicate that ecologically sensitive area(s) are located on or near the parcel in question (PIQ). Rob Roy Creek and an unnamed tributary of Rob Roy Creek flow through the PIQ. Rob Roy Creek is a tributary of the Fox River. NRI 2401 January 2024 13 SOILS INFORMATION IMPORTANCE OF SOILS INFORMATION Soils information comes from the Natural Resources Conservation Service Soil Maps and Descriptions for Kendall County. This information is important to all parties involved in determining the suitability of the proposed land use change. Each soil polygon is given a number, which represents its soil type. The letter found after the soil type number indicates the soils slope class. Each soil map unit has limitations for a variety of land uses such as septic systems, buildings with basements, and buildings without basements. It is important to remember that soils do not function independently of each other. The behavior of a soil depends upon the physical properties of adjacent soil types, the presence of artificial drainage, soil compaction, and its position in the local landscape. The limitation categories (not limited, somewhat limited, or very limited) indicate the potential for difficulty in using that soil unit for the proposed activity and, thus, the degree of need for thorough soil borings and engineering studies. A limitation does not necessarily mean that the proposed activity cannot be done on that soil type. It does mean that the reasons for the limitation need to be thoroughly understood and dealt with to complete the proposed activity successfully. Very limited indicates that the proposed activity will be more difficult and costly to do on that soil type than on a soil type with a somewhat limited or not limited rating. Soil survey interpretations are predictions of soil behavior for specified land uses and specified management practices. They are based on the soil properties that directly influence the specified use of the soil. Soil survey interpretations allow users of soil surveys to plan reasonable alternatives for the use and management of soils. Soil interpretations do not eliminate the need for on-site study and testing of specific sites for the design and construction for specific uses. They can be used as a guide for planning more detailed investigations and for avoiding undesirable sites for an intended use. The scale of the maps and the range of error limit the use of the soil delineation. NRI 2401 January 2024 14 Figure 5: Soil Map Table 3: Soil Map Unit Descriptions Soil Type Soil Name Acres Percent 67A Harpster silty clay loam, 0-2% slopes 0.6 1.4% 149A Brenton silt loam, 0-2% slopes 4.3 10.1% 152A Drummer silty clay loam, 0-2% slopes 23.4 54.5% 330A Peotone silty clay loam, 0-2% slopes 14.4 33.5% 791B Rush silt loam, 2-4% slopes 0.2 0.5% Source: National Cooperative Soil Survey – USDA-NRCS NRI 2401 January 2024 15 SOILS INTERPRETATIONS EXPLANATION GENERAL – NONAGRICULTURAL These interpretative ratings help engineers, planners, and others to understand how soil properties influence behavior when used for nonagricultural uses such as building site development or construction materials. This report gives ratings for proposed uses in terms of limitations and restrictive features. The tables list only the most restrictive features. Other features may need treatment to overcome soil limitations for a specific purpose. Ratings come from the soil's "natural" state, that is, no unusual modification occurs other than that which is considered normal practice for the rated use. Even though soils may have limitations, an engineer may alter soil features or adjust building plans for a structure to compensate for most degrees of limitations. Most of these practices, however, are costly. The final decision in selecting a site for a particular use generally involves weighing the costs for site preparation and maintenance. Soil properties influence development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. Soil limitation ratings of not limited, somewhat limited, and very limited are given for the types of proposed improvements that are listed or inferred by the petitioner as entered on the report application and/or zoning petition. The most common types of building limitation that this report gives limitations ratings for is septic systems. It is understood that engineering practices can overcome most limitations for buildings with and without basements, and small commercial buildings. Limitation ratings for these types of buildings are not commonly provided. Organic soils, when present on the parcel, are referenced in the hydric soils section of the report. This type of soil is considered unsuitable for all types of construction. LIMIATIONS RATINGS • Not Limited: This soil has favorable properties for the use. The degree of limitation is minor. The people involved can expect good performance and low maintenance. • Somewhat Limited: This soil has moderately favorable properties for the use. Special planning, design, or maintenance can overcome this degree of limitation. During some part of the year, the expected performance is less desirable than for soils rated slight. • Very Limited: This soil has one or more properties that are unfavorable for the rated use. These may include the following: steep slopes, bedrock near the surface, flooding, high shrink-swell potential, a seasonal high water table, or low strength. This degree of limitation generally requires major soil reclamation, special design, or intensive maintenance, which in most situations is difficult and costly. NRI 2401 January 2024 16 BUILDING LIMITATIONS BUILDING ON POORLY SUITED OR UNSUITABLE SOILS Building on poorly suited or unsuitable soils can present problems to future property owners such as cracked foundations, wet basements, lowered structural integrity and high maintenance costs associated with these problems. The staff of the Kendall County SWCD strongly urges scrutiny by the plat reviewers when granting parcels with these soils exclusively. Solar Arrays, Soil-Penetrating Anchor Systems – Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Two basic methods are used to hold the systems to the ground, based on site conditions and cost. One method employs driven piles, screw augers, or concrete piers that penetrate the soil to provide a stable foundation. Solar Arrays, Ballast Anchor Systems Ground-based solar arrays are sets of photovoltaic panels that are not situated on a building or pole. These installations consist of a racking system that holds the panel in the desired orientation and the foundation structures that hold the racking system to the ground. Ballast anchor systems can be used in some places where soil-penetrating systems cannot, such as in shallow or stony soil. Also, since they do not penetrate the soil, ballast systems can be used where the soil is contaminated, and disturbance is to be avoided. The soil in the area must have sufficient strength to be able to support the vehicles that haul the ballast and the machinery to install it. Shallow Excavations – Trenches or holes dug to a maximum depth of 5 or 6 feet for utility lines, open ditches, or other purposes. Ratings are based on soil properties that influence the ease of digging and the resistance to sloughing. Lawns and Landscaping – Require soils on which turf and ornamental trees and shrubs can be established and maintained (irrigation is not considered in the ratings). The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. NRI 2401 January 2024 17 Table 4: Building Limitations Soil Type Solar Arrays, Soil-Penetrating Anchor Systems Solar Arrays, Ballast Anchor Systems Shallow Excavations Lawns & Landscaping Acres % 67A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Shrink-swell Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Hillslope position Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Very Limited: Ponding Depth to saturated zone Dusty 0.6 1.4% 149A Very Limited: Frost action Low strength Steel corrosion Depth to saturated zone Hillslope position Ponding Very Limited: Frost action Low strength Depth to saturated zone Hillslope position Ponding Slope shape across Very Limited: Depth to saturated zone Dusty Unstable excavation walls Ponding Somewhat Limited: Depth to saturated zone Dusty 4.3 10.1% 152A Very Limited: Ponding Depth to saturated zone Frost action Low strength Steel corrosion Shrink-swell Very Limited: Ponding Depth to saturated zone Frost action Low strength Slope shape across Very Limited: Ponding Depth to saturated zone Dusty Unstable excavation walls Too clayey Very Limited: Ponding Depth to saturated zone Dusty 23.4 54.5% 330A Very Limited: Ponding Depth to saturated zone Shrink-swell Frost action, Low strength Very Limited: Ponding Depth to saturated zone Frost action, Low strength, Slope shape across Very Limited: Ponding Depth to saturated zone Unstable excavation walls Dusty, Too clayey Very Limited: Ponding Depth to saturated zone Dusty 14.4 33.5% 791B Very Limited: Frost action, Steel corrosion, Shrink-swell, Low strength, Hillslope position Very Limited: Frost action, Low strength, Hillslope position, Slope shape across Somewhat Limited: Dusty Unstable excavation walls Somewhat Limited: Dusty 0.2 0.5% % Very Limited 100% 100% 99.5% 89.4% Figure 6A: Map of Building Limitations - Solar Arrays Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey46164004616500461660046167004616800461690046170004617100461720046173004617400 4616400461650046166004616700461680046169004617000461710046172004617300378100 378200 378300 378400 378500 378600 378700 378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 18 Figure 6B: Map of Building Limitations - Shallow Excavations Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey461640046165004616600461670046168004616900461700046171004617200461730046174004616400461650046166004616700461680046169004617000461710046172004617300378100378200378300378400378500378600378700378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 19 Figure 6C: Map of Building Limitations - Lawns / Landscaping Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey461640046165004616600461670046168004616900461700046171004617200461730046174004616400461650046166004616700461680046169004617000461710046172004617300378100378200378300378400378500378600378700378800 378000 378100 378200 378300 378400 378500 378600 378700 378800 41° 41' 56'' N 88° 27' 57'' W41° 41' 56'' N88° 27' 22'' W41° 41' 21'' N 88° 27' 57'' W41° 41' 21'' N 88° 27' 22'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. NRI 2401 January 2024 20 NRI 2401 January 2024 21 SOIL WATER FEATURES Table 5, below, gives estimates of various soil water features that should be taken into consideration when reviewing engineering for a land use project. HYDROLOGIC SOIL GROUPS (HSGs) – The groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. • Group A: Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Group B: Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • Group C: Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. • Group D: Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Note: If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D) the first letter is for drained areas and the second is for undrained areas. SURFACE RUNOFF – Surface runoff refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover and indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). The classes are negligible, very low, low, medium, high, and very high. MONTHS – The portion of the year in which a water table, ponding, and/or flooding is most likely to be a concern. WATER TABLE – Water table refers to a saturated zone in the soil and the data indicates, by month, depth to the top (upper limit) and base (lower limit) of the saturated zone in most years. These estimates are based upon observations of the water table at selected sites and on evidence of a saturated zone (grayish colors or mottles (redoximorphic features)) in the soil. Note: A saturated zone that lasts for less than a month is not considered a water table. PONDING – Ponding refers to standing water in a closed depression, and the data indicates surface water depth, duration, and frequency of ponding. NRI 2401 January 2024 22 • Duration: Expressed as very brief if less than 2 days, brief if 2 to 7 days, long if 7 to 30 days and very long if more than 30 days. • Frequency: Expressed as: none meaning ponding is not possible; rare means unlikely but possible under unusual weather conditions (chance of ponding is 0-5% in any year); occasional means that it occurs, on the average, once or less in 2 years (chance of ponding is 5 to 50% in any year); and frequent means that it occurs, on the average, more than once in 2 years (chance of ponding is more than 50% in any year). FLOODING – The temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding. • Duration: Expressed as: extremely brief if 0.1 hour to 4 hours; very brief if 4 hours to 2 days; brief if 2 to 7 days; long if 7 to 30 days; and very long if more than 30 days. • Frequency: Expressed as: none means flooding is not probable; very rare means that it is very unlikely but possible under extremely unusual weather conditions (chance of flooding is less than 1% in any year); rare means that it is unlikely but possible under unusual weather conditions (chance of flooding is 1 to 5% in any year); occasional means that it occurs infrequently under normal weather conditions (chance of flooding is 5 to 50% in any year but is less than 50% in all months in any year); and very frequent means that it is likely to occur very often under normal weather conditions (chance of flooding is more than 50% in all months of any year). Note: The information is based on evidence in the soil profile. In addition, consideration is also given to local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood-prone areas at specific flood frequency levels. Table 5: Water Features Soil Type Hydrologic Group Surface Runoff Water Table Ponding Flooding 67A B/D Negligible January – May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 149A B/D Low January – May Upper Limit: 1.0’-2.0’ Lower Limit: 6.0’ January – December Frequency: None January – December Frequency: None 152A B/D Negligible January – May Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – May Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 330A C/D Negligible January – June Upper Limit: 0.0’-1.0’ Lower Limit: 6.0’ January – June Surface Water Depth: 0.0’-0.5’ Duration: Brief (2-7 days) Frequency: Frequent January – December Frequency: None 791B B Low January – December Upper/Lower Limit: -- January – December Frequency: None January – December Frequency: None NRI 2401 January 2024 23 SOIL EROSION AND SEDIMENT CONTROL Erosion is the wearing away of the soil by water, wind, and other forces. Soil erosion threatens the Nation's soil productivity and contributes the most pollutants in our waterways. Water causes about two thirds of erosion on agricultural land. Four properties, mainly, determine a soil's erodibility: texture, slope, structure, and organic matter content. Slope has the most influence on soil erosion potential when the site is under construction. Erosivity and runoff increase as slope grade increases. The runoff then exerts more force on the particles, breaking their bonds more readily and carrying them farther before deposition. The longer water flows along a slope before reaching a major waterway, the greater the potential for erosion. Soil erosion during and after this proposed construction can be a primary non-point source of water pollution. Eroded soil during the construction phase can create unsafe conditions on roadways, decrease the storage capacity of lakes, clog streams and drainage channels, cause deterioration of aquatic habitats, and increase water treatment costs. Soil erosion also increases the risk of flooding by choking culverts, ditches, and storm sewers and by reducing the capacity of natural and man-made detention facilities. The general principles of erosion and sedimentation control measures include: • Reducing/diverting flow from exposed areas, storing flows, or limiting runoff from exposed areas • Staging construction to keep disturbed areas to a minimum • Establishing or maintaining temporary or permanent groundcover • Retaining sediment on site • Properly installing, inspecting, and maintaining control measures Erosion control practices are useful controls only if they are properly located, installed, inspected, and maintained. Soil erosion and sedimentation control plans, including maintenance responsibilities, should be clearly communicated to all contractors working on the site. The SWCD recommends an erosion and sediment control plan for all building sites, especially if there is a wetland or stream nearby. Additionally, a National Pollutant Discharge Elimination System (NPDES) permit (Permit No. ILR10) from the Illinois Environmental Protection Agency (IEPA) is required for stormwater discharges from construction sites that will disturb 1 or more acres of land. Conditions of the NPDES ILR10 permit require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce stormwater pollutants on the construction site before they can cause environmental issues. Table 6: Soil Erosion Potential Soil Type Slope Rating Acreage Percent of Project Area 67A 0-2% Slight 0.6 1.4% 149A 0-2% Slight 4.3 10.1% 152A 0-2% Slight 23.4 54.5% 330A 0-2% Slight 14.4 33.5% 791B 2-4% Slight 0.2 0.5% NRI 2401 January 2024 24 PRIME FARMLAND SOILS Prime farmland soils are an important resource to Kendall County. Some of the most productive soils in the United States occur locally. Each soil map unit in the United States is assigned a prime or non-prime rating. Prime agricultural land does not need to be in the production of food & fiber. Section 310 of the NRCS general manual states that urban or built-up land on prime farmland soils is not prime farmland. The percentages of soil map units on the parcel reflect the determination that urban or built-up land on prime farmland soils is not prime farmland. Table 7: Prime Farmland Soils Soil Type Prime Designation Acreage Percent 67A Prime Farmland if Drained 0.6 1.4% 149A Prime Farmland 4.3 10.1% 152A Prime Farmland if Drained 23.4 54.5% 330A Prime Farmland if Drained 14.4 33.5% 791B Prime Farmland 0.2 0.5% % Prime Farmland 100% Figure 7: Prime Farmland Soils NRI 2401 January 2024 25 LAND EVALUATION AND SITE ASSESSMENT (LESA) Decision-makers in Kendall County use the Land Evaluation and Site Assessment (LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors. The LESA system is a two-step procedure that includes: LAND EVALUATION (LE) The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use, cropland, or forestland. The best group is assigned a value of 100, and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The LE score is calculated by multiplying the relative value of each soil type by the number of acres of that soil. The sum of the products is then divided by the total number of acres; the answer is the Land Evaluation score on this site. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. SITE ASSESSMENT (SA) The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives. The value group is a predetermined value based upon prime farmland designation. The Kendall County LESA Committee is responsible for this portion of the LESA system. Please Note: A land evaluation (LE) score will be compiled for every project parcel. However, when a parcel is located within municipal planning boundaries, a site assessment (SA) score is not compiled as the scoring factors are not applicable. As a result, only the LE score is available, and a full LESA score is unavailable for the parcel. Table 8: Land Evaluation Computation Soil Type Value Group Relative Value Acres* Product (Relative Value x Acres) 67A 2 94 0.6 56.4 149A 1 100 4.3 430.0 152A 1 100 23.4 2,340.0 330A 3 87 14.4 1,252.8 791B 4 79 0.2 15.8 43.0 4,095.0 LE Calculation (Product of relative value / Total Acres) 4,095.0 / 43.0 = 95.2 LE Score LE = 95 *Acreage listed in this chart provides a generalized representation and may not precisely reflect exact acres of each soil type. NRI 2401 January 2024 26 The Land Evaluation (LE) score for this site is 95 out of 100, indicating that the soils are well suited for agricultural uses considering the Land Evaluation score is above 80. The full LESA Score is not applicable for the proposed project site since it is within municipal planning boundaries. Selecting the project site with the lowest total points will generally protect the best farmland and maintain and promote the agricultural industry in Kendall County. NRI 2401 January 2024 27 LAND USE PLANS Many counties, municipalities, villages, and townships have developed land-use plans. These plans are intended to reflect the existing and future land-use needs of a given community. Please contact the United City of Yorkville’s Community Development Department for information regarding their comprehensive land use plan and map. DRAINAGE, RUNOFF, AND FLOOD INFORMATION U.S.G.S Topographic maps give information on elevations, which are important mostly to determine slopes, drainage directions, and watershed information. Elevations determine the area of impact of floods of record. Slope information determines steepness and erosion potential. Drainage directions determine where water leaves the PIQ, possibly impacting surrounding natural resources. Watershed information is given for changing land use to a subdivision type of development on parcels greater than 10 acres. WHAT IS A WATERSHED? Simply stated, a watershed is the area of land that contributes water to a certain point. The watershed boundary is important because the area of land in the watershed can now be calculated using an irregular shape area calculator such as a dot counter or planimeter. Using regional storm event information, and site-specific soils and land use information, the peak stormwater flow through the point marked “” for a specified storm event can be calculated. This value is called a “Q” value (for the given storm event) and is measured in cubic feet per second (CFS). When construction occurs, the Q value naturally increases because of the increase in impermeable surfaces. This process decreases the ability of soils to accept and temporarily hold water. Therefore, more water runs off and increases the Q value. Theoretically, if each development, no matter how large or small, maintains their preconstruction Q value after construction by the installation of stormwater management systems, the streams and wetlands and lakes will not suffer damage from excessive urban stormwater. For this reason, the Kendall County SWCD recommends that the developer for intense uses, such as a subdivision, calculate the preconstruction Q value for the exit point(s). A stormwater management system NRI 2401 January 2024 28 should be designed, installed, and maintained to limit the postconstruction Q value to be at or below the preconstruction value. IMPORTANCE OF FLOOD INFORMATION A floodplain is defined as land adjoining a watercourse (riverine) or an inland depression (non-riverine) that is subject to periodic inundation by high water. Floodplains are important areas demanding protection since they have water storage and conveyance functions which affect upstream and downstream flows, water quality and quantity, and suitability of the land for human activity. Since floodplains play distinct and vital roles in the hydrologic cycle, development that interferes with their hydrologic and biologic functions should be carefully considered. Flooding is both dangerous to people and destructive to their properties. The following maps, when combined with wetland and topographic information, can help developers and future homeowners to “sidestep” potential flooding or ponding problems. Flood Insurance Rate Maps (FIRMs), produced by the Federal Emergency Management Agency (FEMA), define flood elevation adjacent to tributaries and major bodies of water and superimpose that onto a simplified USGS topographic map. The scale of the FIRM maps is generally dependent on the size and density of parcels in that area. This is to correctly determine the parcel location and floodplain location. The FIRM map has three (3) zones. Zone A includes the 100-year flood (1% annual chance flood), Zone B or Zone X (shaded) is the 100 to 500-year flood (between limits of the 1% and the 0.2% annual chance flood), and Zone C or Zone X (unshaded) is outside the floodplain (outside the 0.2% annual chance flood). The Hydrologic Atlas (H.A.) Series of the Flood of Record Map is also used for the topographic information. This map is different from the FIRM map mainly because it will show isolated or pocketed flooded areas. Kendall County uses both these maps in conjunction with each other for flooded area determinations. The Flood of Record maps show the areas of flood for various years. Both maps stress that the recurrence of flooding is merely statistical. A 100-year flood may occur twice in one year, or twice in one week, for that matter. It should be noted that greater floods than those shown on the two maps are possible. The flood boundaries indicated provide a historic record only until the map publication date. Additionally, these flood boundaries are a function of the watershed conditions existing when the maps were produced. Cumulative changes in runoff characteristics caused by urbanization can result in an increase in flood height of future flood episodes. Floodplains play a vital role in reducing the flood damage potential associated with an urbanizing area and, when left in an undisturbed state, also provide valuable wildlife habitat benefits. If it is the petitioner's intent to conduct floodplain filling or modification activities, the petitioner, and the Unit of Government responsible need to consider the potentially adverse effects this type of action could have on adjacent properties. The change or loss of natural floodplain storage often increases the frequency and severity of flooding on adjacent property. NRI 2401 January 2024 29 If the available maps indicate the presence of a floodplain on the PIQ, the petitioner should contact the IDNR-OWR and FEMA to delineate a floodplain elevation for the parcel. If a portion of the property is indeed floodplain, applicable state, county, and local regulations will need to be reflected in the site plans. Another indication of flooding potential can be found in the soils information. Hydric soils indicate the presence of drainage ways, areas subject to ponding, or a naturally occurring high water table. These need to be considered along with the floodplain information when developing the site plan and the stormwater management plan. Development on hydric soils can contribute to the loss of water storage within the soil and the potential for increased flooding in the area. Figure 8: Flood Map This parcel is located on minimal topography (slopes 0 to 4%) and an elevation range of approximately 638’-644’ above sea level. The lowest point is along the unnamed tributary, and the highest point is in the northwest portion of the site. According to the FEMA Flood Map (Figure 8), the parcel does not likely contain areas of regulated floodplain or floodway. The parcel is mapped as Zone X, an Area of Minimal Flood Hazard. NRI 2401 January 2024 30 Figure 9: Topographic Map NRI 2401 January 2024 31 WATERSHED PLANS WATERSHED AND SUB WATERSHED INFORMATION A watershed is the area of land that drains into a specific point including a stream, lake, or other body of water. High points on the Earth’s surface, such as hills and ridges define watersheds. When rain falls in the watershed, it flows across the ground towards a stream or lake. Rainwater carries pollutants such as oils, pesticides, and soil. Everyone lives in a watershed. Their actions can impact natural resources and people living downstream. Residents can minimize this impact by being aware of their environment and the implications of their activities, implementing practices recommended in watershed plans, and educating others about their watershed. The following are recommendations to developers for protection of this watershed: • Preserve open space • Maintain wetlands as part of development • Use natural water management • Prevent soil from leaving a construction site • Protect subsurface drainage • Use native vegetation • Retain natural features • Mix housing styles and types • Decrease impervious surfaces • Reduce area disturbed by mass grading • Shrink lot size and create more open space • Maintain historical and cultural resources • Treat water where it falls • Preserve views • Establish and link trails This parcel is located within the Lower Fox River watershed and the Rob Roy Creek sub watershed (HUC 12 – 071200070601). The Rob Roy Creek sub watershed comprises 13,393.76 acres of Kendall County. NRI 2401 January 2024 32 WETLAND INFORMATION IMPORTANCE OF WETLAND INFORMATION Wetlands function in many ways to provide numerous benefits to society. They control flooding by offering a slow release of excess water downstream or through the soil. They cleanse water by filtering out sediment and some pollutants and can function as rechargers of our valuable groundwater. They also are essential breeding, rearing, and feeding grounds for many species of wildlife. These benefits are particularly valuable in urbanizing areas as development activity typically adversely affects water quality, increases the volume of stormwater runoff, and increases the demand for groundwater. In an area where many individual homes rely on shallow groundwater wells for domestic water supplies, activities that threaten potential groundwater recharge areas are contrary to the public good. The conversion of wetlands, with their sediment trapping and nutrient absorbing vegetation, to biologically barren stormwater detention ponds can cause additional degradation of water quality in downstream or adjacent areas. It has been estimated that over 95% of the wetlands that were historically present in Illinois have been destroyed while only recently has the true environmental significance of wetlands been fully recognized. America is losing 100,000 acres of wetland a year and has saved 5 million acres total (since 1934). One acre of wetland can filter 7.3 million gallons of water a year. These are reasons why our wetlands are high quality and important. This section contains the National Wetlands Inventory, which is the most comprehensive inventory to date. The National Wetlands Inventory is reproduced from an aerial photo at a scale of 1” equals 660 feet. The NRCS developed these maps in cooperation with U.S. EPA (Environmental Protection Agency,) and the U.S. Fish and Wildlife Service, using the National Food Security Act Manual, 3rd Edition. The main purpose of these maps is to determine wetland areas on agricultural fields and areas that may be wetlands but are in a non-agriculture setting. The National Wetlands Inventory in no way gives an exact delineation of the wetlands, but merely an outline, or the determination that there is a wetland within the outline. For the final, most accurate wetland determination of a specific wetland, a wetland delineation must be certified by NRCS staff using the National Food Security Act Manual (on agricultural land.) On urban land, a certified wetland delineator must perform the delineation using the ACOE 1987 Manual. See the glossary section for the definitions of “delineation” and “determination.” NRI 2401 January 2024 33 Figure 10: Wetland Map Office maps indicate that mapped wetlands/waters are present on the parcel in question (PIQ). To determine the presence of wetlands, a wetland delineation specialist, who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. A Wetland Determination/Delineation Report dated September 1, 2023, was prepared by Atwell, LLC. The results of their review indicated the presence of two watercourses on the site (Rob Roy Creek and an unnamed tributary of Rob Roy Creek). Please see their report for more information. NRI 2401 January 2024 34 HYDRIC SOILS Soils information gives another indication of flooding potential. The soils map on the following page indicates the soil(s) on the parcel that the Natural Resources Conservation Service indicates as hydric. Hydric soils, by definition, have seasonal high water at or near the soil surface and/or have potential flooding or ponding problems. All hydric soils range from poorly suited to unsuitable for building. One group of the hydric soils are the organic soils, which formed from dead organic material. Organic soils are unsuitable for building because of not only the high water table but also their subsidence problems. It is important to add the possibility of hydric inclusions in a soil type. An inclusion is a soil polygon that is too small to appear on these maps. While relatively insignificant for agricultural use, hydric soil inclusions become more important to more intense uses such as a residential subdivision. While considering hydric soils and hydric inclusions, it is noteworthy to mention that subsurface agriculture drainage tile occurs in almost all poorly drained and somewhat poorly drained soils. Drainage tile expedites drainage and facilitates farming. It is imperative that these drainage tiles remain undisturbed. A damaged subsurface drainage tile may return original hydrologic conditions to all the areas that drained through the tile (ranging from less than one acre to many square miles.) For an intense land use, the Kendall County SWCD recommends the following: a topographical survey with 1 foot contour intervals to accurately define the flood area on the parcel, an intensive soil survey to define most accurately the locations of the hydric soils and inclusions, and a drainage tile survey on the area to locate the tiles that must be preserved to maintain subsurface drainage. Table 9: Hydric Soils Soil Types Drainage Class Hydric Designation Hydric Inclusions Likely Hydric Rating % Acres % Area 67A Poorly Drained Hydric N/A 98% 0.6 1.4% 149A Somewhat Poorly Drained Non-Hydric Yes 3% 4.3 10.1% 152A Poorly Drained Hydric N/A 100% 23.4 54.5% 330A Very Poorly Drained Hydric N/A 100% 14.4 33.5% 791B Well Drained Non-Hydric No 0% 0.2 0.5% NRI 2401 January 2024 35 Figure 11: Hydric Soil Map NRI 2401 January 2024 36 WETLAND AND FLOODPLAIN REGULATIONS The laws of the United States and the State of Illinois assign certain agencies specific and different regulatory roles to protect the waters within the State's boundaries. These roles, when considered together, include protection of navigation channels and harbors, protection against floodway encroachments, maintenance and enhancement of water quality, protection of fish and wildlife habitat and recreational resources, and, in general, the protection of total public interest. Unregulated use of the waters within the State of Illinois could permanently destroy or alter the character of these valuable resources and adversely impact the public. Therefore, please contact the proper regulatory authorities when planning any work associated with Illinois waters so that proper consideration and approval can be obtained. WHO MUST APPLY? Anyone proposing to dredge, fill, rip rap, or otherwise alter the banks or beds of, or construct, operate, or maintain any dock, pier, wharf, sluice, dam, piling, wall, fence, utility, floodplain or floodway subject to State or Federal regulatory jurisdiction should apply for agency approvals. REGULATORY AGENCIES • Wetland or U.S. Waters: U.S. Army Corps of Engineers, Chicago District, 231 South LaSalle Street, Suite 1500, Chicago, IL 60604. Phone: (312) 846-5530 • Floodplains: Illinois Department of Natural Resources - Office of Water Resources, One Natural Resources Way, Springfield, IL 62702-1270. Phone: (217) 782-6302 • Water Quality/Erosion Control: Illinois Environmental Protection Agency, 1021 North Grand Avenue East, P.O. Box 19276, Springfield, IL 62794-9276. Phone: (217) 782-3397 COORDINATION We recommend early coordination with the regulatory agencies BEFORE finalizing work plans. This allows the agencies to recommend measures to mitigate or compensate for adverse impacts. Also, the agency can make possible environmental enhancement provisions early in the project planning stages. This could reduce time required to process necessary approvals. PLEASE READ THE FOLLOWING IF YOU ARE PLANNING TO DO ANY WORK NEAR A STREAM (THIS INCLUDES SMALL UNNAMED STREAMS), LAKE, WETLAND OR FLOODWAY. CAUTION: Contact with the United States Army Corps of Engineers is strongly advised before commencement of any work in or near a Waters of the United States. This could save considerable time and expense. Persons responsible for willful and direct violation of Section 10 of the River and Harbors Appropriation Act of 1899 or Section 404 of the Clean Water Act are subject to fines ranging up to $16,000 per day of violation, with a maximum cap of $187,500 in any single enforcement action, as well as criminal enforcement. NRI 2401 January 2024 37 GLOSSARY AGRICULTURAL PROTECTION AREAS (AG AREAS) - Allowed by P.A. 81-1173. An AG AREA consists of a minimum of 350 acres of farmland, as contiguous and compact as possible. Petitioned by landowners, AG AREAS protect for a period of ten years initially, then reviewed every eight years thereafter. AG AREA establishment exempts landowners from local nuisance ordinances directed at farming operations, and designated land cannot receive special tax assessments on public improvements that do not benefit the land, e.g. water and sewer lines. AGRICULTURE - The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms, and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or seasonal or year around hired farm workers. BEDROCK - Indicates depth at which bedrock occurs. Also lists hardness as rippable or hard. FLOODING - Indicates frequency, duration, and period during year when floods are likely to occur. HIGH WATER TABLE - A seasonal high water table is a zone of saturation at the highest average depth during the wettest part of the year. May be apparent, perched, or artesian kinds of water tables. • Water table, Apparent: A thick zone of free water in the soil. An apparent water table is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. • Water table, Artesian: A water table under hydrostatic head, generally beneath an impermeable layer. When this layer is penetrated, the water level rises in an uncased borehole. • Water table, Perched: A water table standing above an unsaturated zone. In places an upper, or perched, water table is separated from a lower one by a dry zone. DELINEATION - For Wetlands: A series of pink or orange flags placed on the ground by a certified professional that outlines the wetland boundary on a parcel. DETERMINATION - A polygon drawn on a map using map information that gives an outline of a wetland. HYDRIC SOIL - This type of soil is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (USDA Natural Resources Conservation Service 1987). INTENSIVE SOIL MAPPING - Mapping done on a smaller more intensive scale than a modern soil survey to determine soil properties of a specific site, e.g. mapping for septic suitability. NRI 2401 January 2024 38 LAND EVALUATION AND SITE ASSESSMENT (L.E.S.A.) - LESA is a systematic approach for evaluating a parcel of land and to determine a numerical value for the parcel for farmland preservation purposes. MODERN SOIL SURVEY - A soil survey is a field investigation of the soils of a specific area, supported by information from other sources. The kinds of soil in the survey area are identified and their extent shown on a map, and an accompanying report describes, defines, classifies, and interprets the soils. Interpretations predict the behavior of the soils under different used and the soils' response to management. Predictions are made for areas of soil at specific places. Soils information collected in a soil survey is useful in developing land-use plans and alternatives involving soil management systems and in evaluating and predicting the effects of land use. PERMEABILITY - Values listed estimate the range (in rate and time) it takes for downward movement of water in the major soil layers when saturated but allowed to drain freely. The estimates are based on soil texture, soil structure, available data on permeability and infiltration tests, and observation of water movement through soils or other geologic materials. PIQ - Parcel in question POTENTIAL FROST ACTION - Damage that may occur to structures and roads due to ice lens formation causing upward and lateral soil movement. Based primarily on soil texture and wetness. PRIME FARMLAND - Prime farmland soils are lands that are best suited to food, feed, forage, fiber and oilseed crops. It may be cropland, pasture, woodland, or other land, but it is not urban and built up land or water areas. It either is used for food or fiber or is available for those uses. The soil qualities, growing season, and moisture supply are those needed for a well-managed soil economically to produce a sustained high yield of crops. Prime farmland produces in highest yields with minimum inputs of energy and economic resources and farming the land results in the least damage to the environment. Prime farmland has an adequate and dependable supply of moisture from precipitation or irrigation. The temperature and growing season are favorable. The level of acidity or alkalinity is acceptable. Prime farmland has few or no rocks and is permeable to water and air. It is not excessively erodible or saturated with water for long periods and is not frequently flooded during the growing season. The slope ranges mainly from 0 to 5 percent (USDA Natural Resources Conservation Service). SEASONAL - When used in reference to wetlands indicates that the area is flooded only during a portion of the year. SHRINK-SWELL POTENTIAL - Indicates volume changes to be expected for the specific soil material with changes in moisture content. SOIL MAPPING UNIT - A map unit is a collection of soil areas of miscellaneous areas delineated in mapping. A map unit is generally an aggregate of the delineations of many different bodies of a kind of soil or miscellaneous area but may consist of only one delineated body. Taxonomic class names and accompanying phase terms are used to name soil map units. They are described in terms of ranges of soil properties within the limits defined for taxa and in terms of ranges of taxadjuncts and inclusions. NRI 2401 January 2024 39 SOIL SERIES - A group of soils, formed from a particular type of parent material, having horizons that, except for texture of the A or surface horizon, are similar in all profile characteristics and in arrangement in the soil profile. Among these characteristics are color, texture, structure, reaction, consistence, and mineralogical and chemical composition. SUBSIDENCE - Applies mainly to organic soils after drainage. Soil material subsides due to shrinkage and oxidation. TOPSOIL - That portion of the soil profile where higher concentrations of organic material, fertility, bacterial activity and plant growth take place. Depths of topsoil vary between soil types. WATERSHED - An area of land that drains to an associated water resource such as a wetland, river or lake. Depending on the size and topography, watersheds can contain numerous tributaries, such as streams and ditches, and ponding areas such as detention structures, natural ponds and wetlands. WETLAND - An area that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient enough to support, and under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. NRI 2401 January 2024 40 REFERENCES Association of Illinois Soil & Water Conservation Districts. 2020. Illinois Urban Manual. Berg, R. C., and J. P. Kempton. 1984. Potential for contamination of shallow aquifers from land burial of municipal wastes: Champaign, Illinois, Illinois State Geological Survey map, scale 1:500,000. Clean Water Act of 1972, Sections 309 and 404. Federal Emergency Management Agency. National Flood Hazard Layer (NFHL) Viewer. https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa 9cd. Accessed January 2024. Illinois State Geological Survey, Department of Natural Resources. 2021. Geologic Road Map of Illinois. Kendall County Department of Planning Building and Zoning and Kendall County Soil and Water Conservation District In cooperation with NRCS, USDA. Land Evaluation and Site Assessment System. Kendall County. 2023. Land Resource Management Plan Map. Natural Resources Conservation Service, United States Department of Agriculture. General Manual, Title 310, Land Use. Natural Resources Conservation Service, United States Department of Agriculture. 2007. Hydric Soils of the United States. Natural Resources Conservation Service, United States Department of Agriculture. Hydrologic Unit Map for Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. 1987. Soil Erosion by Water. Agriculture Information Bulletin 513. Natural Resources Conservation Service, United States Department of Agriculture. 2008. Soil Survey of Kendall County. Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. http://websoilsurvey.sc.egov.usda.gov/. Accessed January 2024. Rivers and Harbors Appropriation Act of 1899, Section 10. Rockford Map Publishers, Inc. 2021. Land Atlas and Plat Book, Kendall County, Illinois, 21st Edition. United City of Yorkville. 2016. United City of Yorkville Comprehensive Plan Update. United States Fish & Wildlife Service. 2018. National Wetlands Inventory. https://data.nal.usda.gov/dataset/national-wetlands-inventory. Accessed January 2024. Nature Conservancy (U.S.) Great Lakes Program. 1994. The Conservation of Biological Diversity in the Great Lakes Ecosystem: Issues and Opportunities. The Program, 1994. PLAN COUNCIL AGENDA Thursday, February 8, 2023 9:00 a.m. City Hall Community Development 2nd Floor - Conference Room Remote Access via Zoom 1. Minutes for approval: November 9, 2023 2. PZC 2024-05 Corneils Solar Farm/Nexamp (Bennett) – Annexation, Rezone, and Special Use Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PLAN COUNCIL Community Development City Hall Conference Room, 2nd floor 651 Prairie Pointe Drive, Yorkville, IL Thursday, November 9, 2023 9:00am IN ATTENDANCE: Krysti Barksdale Noble, Community Development Director Bart Olson, City Administrator Michael Keith, Atwell, LLC Dan Nagel, property owner Matt Walsh, Nexamp Dan Kramer, Attorney Ms. Noble called the meeting to order at 9:01am. She said the Engineer and Public Works Director were unable to be present, however, she did have comments from them. 1. Minutes for approval: October 12, 2023 The minutes were approved as presented. 2. PZC 2024-01 Yorkville Renewables/Nexamp-Solar Farm Ms. Noble said the purpose of the meeting was to review comments from staff members regarding this solar project proposal. Introductions of meeting participants were made. Mr. Walsh gave a PowerPoint presentation and an overview of the proposal. He discussed the equipment necessary for the site and their function. A camera system will be utilized and will feed to a monitoring center. The landscaping will include pollinator plants and they are also open to fencing. Com Ed will install power poles to ensure not too much power is sent through the system. He said the site is part of the original Westbury PUD which is currently being dismantled. Mr. Nagel's property was determined to be the most favorable for this proposed project and the current recycling center is nearby. An existing easement intended for future roads will be used for access and approval from Kendall County has already been given for Galena Road access. Mr. Walsh discussed some of the setback distances and said the project had generous buffers for the site. Attorney Kramer noted another proposed solar project farther north and that Aldermen had expressed they did not want solar fields visible at city entrances. He said his client has been mindful of these wishes. Staff Comments: Ms. Noble gave an overview and shared staff comments. The facility is a 5 megawatt and permitted in an agriculture district for which the petitioner is seeking rezoning. It is part of a PUD now, which the city is dismantling and this parcel would be excluded from the PUD. A variance might be needed concerning the clearance from the ground. A Unified Development Ordinance is in the process of being passed and if approved by January 1, a variance will not be needed. She also addressed the setbacks. She asked the petitioner if the setback is the distance to the solar field or to the array. Mr. Page 2 of 3 Walsh will re-measure and provide the information. The distance to neighboring properties was also unclear. Other Staff Items Discussed: 1. Total number of arrays will need to be verified and Ms. Noble noted the $7.00 per array cost for the building permit. 2. Discussed the inverters, transformers and tracking motors. Some systems require a motor for each row of arrays, while others need one motor per several rows, said Mr. Walsh. An estimate of the number will be needed. He noted that the motors only run a few seconds when turning the arrays. 3. Ms. Noble said the lease length is needed and if there is an option to extend. 4. Glare and lighting studies were provided and a rendering of view sheds is needed. 5. An 8-foot tall galvanized fence with slats is required to obscure the view. 6. BKFD needs a Knox box and key. 7. The driveway will not be paved, but staff needs to know the composition of the road. 8. Regarding decommissioning plan, engineer needs a construction estimate for the the life of the lease and a 3% annual inflation rate is needed as part of the special lease application. A total cost for this process is needed. 9. Solar is an accessory use and the proposed 23 acres is only 31% of the overall area, meeting the requirements of being an accessory to the ag use criteria. 10. A small sign with contact information is preferred and Mr. Walsh added that it will provide shutdown information as well. 11. The city requires a blanket easement as part of the decommissioning plan. Ms. Noble said staff will work with the petitioner's attorney for a special license agreement so as not to encumber the title. Comments from Mr. Michael Keith: Mr. Michael Keith asked about requirement for stormwater detention and said there is a study that shows there is generally no detention needed in solar fields. There is no increase in water runoff with no surface change and in addition, the pollinator mix pulls water into the soil. He said the site is not being cleared and the gravel road also allows for water absorption. A stormwater storage basin will be discussed with the Engineer. Mr. Keith also addressed the flood plain. He said the FEMA maps do not show a flood plain on this site. Mr. Walsh said they are adding steel piles, but it has minimal impact on flooding. He asked for direction on what the engineer wishes. The petitioner is OK with the delineation report that has already been done. Mr. Walsh added there is a wetland near the roadway but is isolated and does not impact the Rob Roy creek. It was created when the sewer was put in and probably not regulated by the Army Corps. Page 3 of 3 Perimeter Easement: Mr. Walsh said the perimeter easement is OK for future improvements. He said there was a road dedication previously done along Galena Rd. & Rt. 47 for the property owner, but not for this project. Ms. Noble will discuss with Engineer Sanderson. Decommission Bond: This requires a 3% annual increase with the 120% estimate. The lease is for 20 years with options and the bond will need to be updated if the lease extends beyond 20 years. Photometric Plan: There will be no lighting on the site. Landscaping Comments: Native pollinators will be used and Ms. Noble will work with the petitioner for an approved plan. Shrubs and trees will be around the solar field, said Mr. Walsh, but there is not enough area to comply with the levels suggested and the buffering is the most important part for a solar field. Shrubs or trees are not needed along the access path. Ms. Noble said a preliminary plan for the pollinator mix would be helpful for the Planning and Zoning Commission meeting and she added that some projects have an agreement with the state for that plan. Some plants may be changed depending on site conditions. Mr. Walsh said a soil analysis will be done to see what plants are appropriate. Police Department: The petitioners said in general, there is low criminal activity on their sites and signage at the entrance is not an issue. The gate at the entrance is just into the solar farm, but there is free access on the sides of the gate. A breakable chain for the Fire Department could be installed. There will be an easement through the middle of the property, which is non-exclusive so only the owner needs to give consent. Other Comments: Mr. Walsh asked for any other input and Ms. Noble said to make sure the decommissioning estimate is relative to the area. Mr. Kramer said the drainage issue is non-existent. Ms. Noble said EDC has not narrowed the distance requirements from the road. The existing right-of-way of the road is there and approved already, said Mr. Nagel. Mr. Nagel asked if the ComEd line is underground from the solar farm to the Com Ed infrastructure nearby. He asked if it could be re-positioned, which it can be and a new pole is proposed for there. Comments from Mr. Bart Olson: Mr. Olson said the City Council does not want anything within 1,000 feet from the commercial corridor. He said to definitely focus on limiting the view shed from Raging Waves into the solar farm. Mr. Olson asked if any roadway improvements will be made or if just interior to the site—it will only be to the interior. The petitioners should make sure there is public benefit, improvements or donations, which is a concern of the Aldermen and should be a component of the proposal to the Council. Ms. Noble said a map will be provided at the next meeting to show the bufferings at various distances. She will also give the questions to the Engineer and will follow up via email to the meeting participants. When the Westbury PUD is resolved, meetings can then be scheduled. Adjournment There was no further business and the meeting adjourned at 9:57am. Minutes respectfully transcribed by Marlys Young, Minute Taker I have reviewed the applications for Annexation, Rezoning and Special Use request dated January 17, 2024 as submitted by Daniel Kramer on behalf of Nexamp dba Corneils Road Solar, LLC, petitioner. The following supplemental materials were included with the applications: 1) Application for Annexation, as prepared by 126612 Corneils Road Solar, LLC 2) Application for Rezoning, as prepared by 126612 Corneils Road Solar, LLC 3) Application for Special Use, as prepared by 126612 Corneils Road Solar, LLC 4) List of Property Owners within 500 feet of subject parcel 5) Cover Letter of Project Narrative/System Design Summary dated December 3, 2023, as prepared by Nexamp 6) Decommissioning Plan Narrative, as prepared by Nexamp 7) ALTA Survey/NSPS Land Title Survey dated 11/23/2022, as prepared by Atwell Group 8) Legal Description dated December 6, 2023, as prepared by Atwell Group 9) Special Use Application Plans dated last revised 12/10/23, as prepared by Atwell Group and submitted by Nexamp 10) Property Aerial dated 12/06/23, as prepared by Nexamp 11) Standard Agreement for Interconnection with ComEd, as submitted by Nexamp 12) Electrical Diagram dated 07/03/2023, as submitted by Nexamp 13) Manufactures Cut Sheets, as submitted by Nexamp 14) Glare Study dated December 14, 2023 prepared by Forge Solar 15) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 16) Letter from Illinois Department of Agriculture dated December 5, 2023 The petitioner is seeking to construct a 4.99-megawatt (MW) alternating current (AC) freestanding commercial solar collector system. The proposed 40-acre solar farm will be situated on approximately 94 acres of existing farmland located in unincorporated Kendall County immediately north of Corneils Road, east of Beecher Road and west of IL Route 47 (N. Bridge Street). The property also consists of an existing farm homestead with accessory buildings. Upon annexation, the petitioner seeks to rezone the parcel from the default R-1 Single-Family to A-1 Agricultural District zoning and requests special use authorization for a solar farm. Based upon my review of the application documents and preliminary plans, I have compiled the following comments (requests to the petitioner are underlined): ANNEXATION COMMENTS: 1. Contiguity of the subject parcel and Yorkville’s current corporate boundary is established immediately south of Corneils Road (Westbury South Village) and abutting to the east is the Westbury East Village. Both are undeveloped but entitled mixed-use planned unit developments. 2. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single-Family Suburban Residential District. Memorandum To: Plan Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Sara Mendez, Planner I Date: January 24, 2024 Subject: PZC 2024-05 Corneils Road Solar, LLC/Nexamp, Inc. (Bennett) 3. Any approval of the requested rezoning and special use for the solar farm is contingent upon the approval of the annexation petition. REZONING COMMENTS: 1. Per Table 10-3-12(B) Alternative Energy Uses of the United City of Yorkville’s Unified Development Ordinance, solar farms are special uses in the A-1 Agricultural District. 2. Section 10-8-12 of the Unified Development Ordinance states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. SPECIAL USE COMMENTS: Zoning The subject property consists of three (3) parcels (#02-08-300-008, 02-08-300-011, and 02-08-300-012) which are currently unincorporated and zoned A-1 Special Use in Kendall County. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North A-1 SU/ M-3 SU (Unincorporated Kendall County) Agriculture/ Trans/Communication/Utility South Corneils Road R-4 (Westbury South Village PUD) Transportation/Agriculture East R-2, R-4, B-3 (Westbury East Village) Rob Roy Creek Agriculture/Undeveloped Residential/Tributary West A-1 (Unincorporated Kendall County) Residential/Agriculture • The proposed commercial solar farm will consist of approximately 11,592 modules installed over 40-acres of the existing farmland and enclosed within a fenced area, per the project narrative. However, the Site Layout Plan (Sheet C-200 B) prepared by Nexamp, date last revised December 10, 2023 states the area to be fenced is approximately 31.09-acres. Petitioner must verify the accurate area proposed for the solar farm use. • The system will include two (2) central inverters and 1-2 transformers, per the Decommissioning Plan. Additionally, the inverters and transformers will be located within the fence and mounted on a concrete pad. Please verify and the total number of proposed tracker motors. • The proposal also includes a Battery Energy Storage system. o Per Table 10-3-12(B) Permitted and Special Uses in the Unified Development Ordinance, battery energy storage systems as primary uses are only permitted in the manufacturing districts. This seems like an accessory use, but staff requests more information on the system. • The petitioner must provide the total amount of time proposed for the lease of the property to operate the proposed community solar farm. This includes any options to extend the lease term. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setbacks specific for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required, excluding fences, for ground-mounted solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (South) 100 feet ~1,698.6 feet Rear (North) 50 feet from nonresidential/100 feet from residential ~ 36 feet Side (East) 50 feet from nonresidential/100 feet from residential ~ 59 feet Side (West) 50 feet from nonresidential/100 feet from residential ~37 feet • The location of the solar panels meets the minimum front (south) yard setback for ground-mounted solar farm uses in the A-1 District. However, the solar panels appear to encroach into the required rear and interior side yards to the north, east, and west. o The minimum distances required for the rear and west is 50 feet, excluding the fence, and the east minimum setback is 100 feet, excluding the fence. o The Site Plan should be revised to reflect the accurate distances from the property lines to the proposed solar panels and/or fence line. • The Site Plan should also indicate the distance of the proposed nearest solar module to the nearest residential structure to the northwest along E. Beecher Road and to N. Bridge Street to the east. o It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure (from nearest existing residential structure to nearest proposed module. • Per Section10-4-13B.3 of the Unified Development Ordinance, a certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions Height The maximum height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. • The petitioner’s exhibit (Sheet C-500 B Standard Details) appears to indicate a maximum solar array height as approx. 20 feet at maximum tilt. • The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a minimum solar array clearance as 3 feet. Glare/Lighting Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. • The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. • It is also noted the solar modules will be treated with anti-reflective coating to minimize glare. • Staff requests the petitioner provides a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public rights-of-way (Corneils Road), as well as from the residential land uses to the northwest. Noise The transformer is the greatest source of noise on the property. • It is noted the transformer will be centrally located within the fenced area on either side of the 100’ water course buffer. • Please verify the distance of the transformer to the nearest residences located to the northwest on E. Beecher Road. Fencing The petitioner has proposed an eight (8) foot tall, fixed knot farm fence to surround the perimeter of the solar farm with a 20-foot-wide double swinging vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, states that systems, equipment, and structures in solar farms shall be fully enclosed and secured by fence or wall with a height of eight (8) feet in height. • Staff recommends an 8’ tall, galvanized chain link fence with slats. • A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD). Access Road The proposed site access is via Corneils Road through an existing gravel driveway. The plan proposes to connect a new 15’ wide gravel access drive into the fenced area with the solar system. • The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. • Per Section 10-4-13B.5 of the Unified Development Ordinance, off street parking provided on-site shall be on a paved and gravel roads are not permitted. o Petitioner has provided details regarding the proposed material for the access road. o Staff defers to the City Public Works Director and City Engineer for comment on the road composition. Decommissioning Estimate/Plan The petitioner has provided a decommission plan. • In addition to the decommissioning plan narrative, a construction estimate for the life of the lease must be provided with a 3% annual inflation rate which must be reviewed and approved by the City Engineer. o It is noted the Petitioner stated that an Engineers Estiamte Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty- percent (80%) of a given parcel in this district. • As proposed, the solar farm will occupy approximately 42.5% (40-acres) of the overall existing 94 acres of existing farmland. • Is the petitioner proposing to consolidate all or some of the three (3) existing parcels? If so, which parcels and what is the total area occupied by the proposed solar use. If not, the petitioner must provide, on a parcel basis, the total area occupied by the proposed solar use. Signage Per Section 10-4-13B.9.a.(1) and (2) of the Yorkville Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. • Additionally, signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. • The petitioner has provided signage information. The emergency contact sign (8.5” x 11”) appears to be compliant with this regulation. Landscaping Defer to Engineering Comments related to landscaping. • It is noted that the petitioner will provide IDOT class 7 seed mix outside fenced areas and site- specific pollinator friendly seed mix within the fenced areas beneath the solar panels. Utilities Per Section 1-4-13B.4 of the Unified Development Ordinance, power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. • The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 4) for a wire connection near Corneils Road. Utility Service Provider The petitioner has provided evidence that the electric utility service has been notified of the owner’s intent to install an interconnected customer owned electricity generator. • A copy of an Interconnection Agreement, as prepared by ComEd dated 03/2/2023. Special Use Standards The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. Easement Requirements An easement for City access to the solar field will be required in the event the project is abandoned and requires decommissioning by the City. Economic Development Committee Comments The City’s Economic Development Committee has provided guidance at their January 2, 2024 meeting to staff regarding the acceptable locations of solar fam developments within Yorkville which are as follows: • 1,000-foot buffer from • 1,000-foot buffer from Fox River • Maximum of five (5) solar farms citywide o These recommendations have not been approved, as an amendment to the Yorkville Unified Development Ordinance will be required. Staff is anticipating formal review of the proposed amendment will occur in March 2024. United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 10 of 47 DRAFT FOR REVIEW Alternative Energy Use Standards A.General Requirements for all Alternative Energy Uses. 1.Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. 2.Use. Alternative energy systems shall be an accessory to the principal permitted use of a site. 3.Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. 4.Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council. 5.Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. 6.Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights. 7.Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause the shadow flicker. 8.Screening. There shall be no required mechanical screening for alternative energy systems. 9.Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding properties. 10.Compliance. Wind energy systems shall meet or exceed current standards of the international building code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. 11.Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense. Page 135 of 317 United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 11 of 47 DRAFT FOR REVIEW B. Solar Farm. 1. No solar farm shall be erected on any lot less than three (3) acres in size. 2. A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty (80) percent of a given parcel in any other District. 3. A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions. 4. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. 5. Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited. 6. Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted. 7. Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels. 8. Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of: a. Front and Corner Yards: one hundred (100) feet, b. Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines. 9. Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. a. Warnings. (1) Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer. (2) The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. 10. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title. 11. Materials Handling, Storage, and Disposal. a. All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws. b. A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws. Page 136 of 317 United City of Yorkville Chapter 4. Use Standards Unified Development Ordinance Update Page 12 of 47 DRAFT FOR REVIEW 12. Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include: a. Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component. b. Procedures for the removal of structures, debris, and cabling, including those below the soil surface, c. Provisions for the restoration of the natural soil and vegetation, d. An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator. e. Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost. f. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs. Figure 4.4. Solar Farm Standards Page 137 of 317 Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: January 5, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – Special Use Application Project Name: Corneils Road Solar, LLC Nexamp Applicant Name: Gary & Betty Bennett Petitioner Name: Matt Kwiatkowski (Nexamp, LLC) Project Number: N/A Project Location: 10791 Corneils Road, Yorkville, IL (Parcel # 02-08-300-008) The comments listed below are referenced to the above project: Signage Handicapped Signage Required: ____ Yes __X__ No Comments: N/A **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended ____ Yes __X__ No School Zone Special Signage ____ Yes __X__ No Special Speed Zone Signage Requested ____ Yes __X__ No No Parking Signage Recommended? ____ Yes __X__ No ____ No Parking After 2” Snow Fall No Parking Locations: • N/A Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there Street Name Conflicts? ____ Yes __X__ No Comments: N/A Pedestrian/Bike Path Crossing Signage? ____ Yes __X__ No Warning Ahead Signs are Required NO Construction Traffic Signage being requested? __X__ Yes _____ No Comment(s): Construction traffic on Corneils Road should be limited to one specific entry and exit point on Corneils Road. ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway Street Width: _____________ Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Concerns as listed below: • Location of the driveway(s) into project site • Driveway(s) clearly marked with signage in both directions Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances ____ Yes ____ No Comments: N/A Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __1__ Are vehicle entrance/exits safe? __X__ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? _____W Yes ____ No If yes, will Police & Fire have Access? __X__ Yes ____ No Comments: Will police have access in case of emergency? Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? ____ Yes __X__ No Will this cause traffic choke points? ____ Yes __X__ No Are sidewalks being planned for the development? ____ Yes __X__ No Are sidewalk crosswalks needed? ____ Yes __X__ No Are there bike paths planned for this project? ____ Yes __X__ No Proper Signage needed for bike paths ____ Yes ____ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Ample Parking on Site? ____ Yes ____ No Are there other City Ordinance Concerns? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? ____ Yes ____ No Comments: Will there be security cameras used on site? Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: If you will have camera access on site would the police department have remote access into the system for emergency purposes only? What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: Will the gate be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: N/A I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. Order ID:7602185 Page 1 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):2 Column Run Date(s):Friday, March 22, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7602185 Page 2 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7602185 Page 3 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7602185 Page 4 of 4 3/15/2024 9:56:45 AMPrinted: GROSS PRICE * :$919.77 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7609795 Purchase Order: 7609795 Corneils Road Solar State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 3/29/2024, and the last publication of the notice was made in the newspaper dated and published on 3/29/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Mar 29, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 30th Day of March, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #2 Tracking Number PZC 2024-09 & EDC 2024-32 PZC 2024-09 – Kendall County Petition 24-04 (Fox Valley Family YMCA) City Council – May 14, 2024 PZC – 5/8/24 Moved forward to City Council agenda. PZC 2024-09 & EDC 2024-32 Majority Approval 1.5-Mile Review for a site plan for a proposed new YMCA facility. Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The petitioner, Larry Nelson, on behalf of the Fox Valley Family YMCA, Inc. (owner), is requesting site plan approval to construct a YMCA recreational facility, parking, and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The real property and is located at the southeast corner of Cannonball Trail and Galena Road in unincorporated Kendall County. In 2001, the City of Yorkville annexed land south of Galena Road, including the subject property, and approved a planned unit development (PUD) agreement for a mixed-use residential and commercial land plan with underlining zoning of R-1, R-3 and B-3 known as Bristol Club. The subject property was zoned B-3 Service Business District. Subsequently, when the overall Bristol Bay subdivision was approved in 2005, the residential portion of the Bristol Club property to the west of Cannonball Trail was contemplated to be absorbed in the southern portion of the larger development. After years of the subject parcels remaining undeveloped, the Fox Valley Family YMCA acquired the property in 2015 with the intent to construct a recreational facility. After engaging the City about the requirement for certain building code regulations to be applied to the proposed facility, the petitioner filed for deannexation. A settlement agreement was reached between the City and the petitioner and de-annexation was granted in September 2020 via Ord. 2020-45 (see attached). The property is currently zoned B-4 Commercial Recreation District in Kendall County. Per Kendall County’s Zoning Ordinance, all development proposed in the district must obtain site plan approval from the County Board. According to the application and site plans provided, the petitioner proposes to construct the recreational facility in two (2) phases. Phase I will consist of an approximately 59,233 square foot building with associated surface parking lot. Phase II proposes to consist of a nearly 90,000 square foot swimming pool area and daycare facility addition with parking lot expansion. The property also includes a detention area in the southeast portion and a septic field in the southwest area near Cannonball Trail. PLANNING & ZONING COMMISSION ACTION: In consideration of the proposed mile and one-half review of Kendall County Petition 24-04 for site plan approval for the construction of a YMCA recreational facility on an approximately 25.8-acre property consisting of two (2) parcels commonly known as 1520 Cannonball Trail, the Planning and Zoning Commission recommends to the City Council not to object to the request. Action: Millen – aye; Williams – aye; Hyett – aye; Forristall – aye. 4 ayes; 0 nay Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: May 9, 2024 Subject: PZC 2024-09 – Kendall Co. Petition 24-04 (Site Plan Approval) 1.5 Mile Review (Fox Valley Family YMCA) 2 Attachments 1. Planning & Zoning Commission Memo 2. Application with Attachments 3. Ord. 2020-45 Settlement Agreement for De-Annexation 4. EEI, Inc. Review Comments in a letter dated April 3, 2024 5. Yorkville Boundary Agreement Map 1 SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The petitioner, Larry Nelson, on behalf of the Fox Valley Family YMCA, Inc. (owner), is requesting site plan approval to construct a YMCA recreational facility, parking, and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The real property and is located at the southeast corner of Cannonball Trail and Galena Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 1520 Cannonball Trail in unincorporate Kendall County and comprised of two (2) parcels totaling ~25.8-acres. The northern parcel (PIN #02-10-300-019) is rectangular in shape and consisting of ~6.7 acres. The irregularly shaped southern parcel (PIN #02-10-300-020) is larger in area at ~19.1 acres. Currently owned by Fox Valley Family YMCA, Inc., the site is undeveloped and utilized for agricultural purposes. The property is immediately south of Yorkville’s corporate boundary line with the Village of Montgomery, and immediately north of the Blackberry Hill Congregation Kingdom Hall. The nearest approved Yorkville residential development to the subject property is Bristol Bay South PUD immediately to the west and Grande Reserve subdivision approximately 1,500 feet to the east. In 2001, the City of Yorkville annexed land south of Galena Road, including the subject property, and approved a planned unit development (PUD) agreement for a mixed-use residential and commercial land plan with underlining zoning of R-1, R-3 and B-3 known as Bristol Club. The subject property was zoned B-3 Service Business District. Subsequently, when the overall Bristol Bay subdivision was approved in 2005, the residential portion of the Bristol Club property to the west of Cannonball Trail was contemplated to be absorbed in the southern portion of the larger development. After years of the subject parcels remaining undeveloped, the Fox Valley Family YMCA acquired the property in 2015 with the intent to construct a recreational facility. After engaging the City about the requirement for certain building code regulations to be applied to the proposed facility, the petitioner filed for deannexation. A settlement agreement was reached between the City and the petitioner and de-annexation was granted in September 2020 via Ord. 2020-45 (see attached). Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 10, 2024 Subject: PZC 2024-09 – Kendall Co. Petition 24-04 (Site Plan Approval) 1.5 Mile Review (Fox Valley Family YMCA) Packet materials from 5/8/24 PZC meeting to follow 2 PROPOSED DEVELOPMENT: The property is currently zoned B-4 Commercial Recreation District in Kendall County. Per Kendall County’s Zoning Ordinance, all development proposed in the district must obtain site plan approval from the County Board. According to the application and site plans provided, the petitioner proposes to construct the recreational facility in two (2) phases. Phase I will consist of an approximately 59,233 square foot building with associated surface parking lot. Phase II proposes to consist of a nearly 90,000 square foot swimming pool area and daycare facility addition with parking lot expansion. The property also includes a detention area in the southeast portion and a septic field in the southwest area near Cannonball Trail, as illustrated on the plan sheets below: 3 Site Plan The site plan indicates a total building area of approximately 150,000 square feet with a total of 283 surface parking stalls at full buildout (see rendering above). There is also a wetland identified on the property just north of the proposed detention pond, but the petitioner has submitted a wetland delineation study as part of the stormwater permit through Kendall County. As currently planned, a portion of the Phase II building and expanded parking area is within the wetland area. Any site plan adjustments needed to be made to accommodate the wetland will be made by the petitioner. A singular 24’ wide access drive to the site is proposed off of Cannonball Trail. Kendall County may require a secondary access point as part of the Phase II development. Utilities As proposed, the site will utilize a septic system for sanitary waste. Additionally, the plans indicate a well connection from the northwest corner of to the building in Phase I will be served by well for potable water and fire suppression. However, the proposed location of the well is not clearly indicated on the plans. There is an existing 16” Yorkville watermain located adjacent to the subject property on the southside of Galena Road. There is also a 24” Yorkville sanitary sewer main across from the property on the north side of Galena Road. Engineering The consulting engineer for Kendall County, WBK Engineering, and the City’s engineering consultant, EEI, have reviewed the submitted civil plans. Their comments are attached for your review. Most comments relate to stormwater management and final engineering plans, particularly site grading and extra jurisdictional regulatory permits required. 4 YORKVILLE COMPREHENSIVE PLAN/BOUNDARY AGREEMENT: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential (ECR) and Agricultural Zone (AZ). The ECR future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The AZ future land use designation is primarily intended for lands expected to remain for agricultural uses, both general farming and restricted forms such as pastures, gardening, kennel, riding stables, nurseries, and greenhouses. The proposed land use and B-4 zoning in Kendall County is inconsistent with Yorkville’s Comprehensive Plan. If approved, the proposed recreational facility would necessitate a review and potential amendment to Yorkville’s Comprehensive Plan’s future land use plans for this area. An appropriate future land use designation would be Destination Commercial (DC) which is intended for a broad range of commercial activities ranging from large format retail and strip centers to hotels and recreational complexes. Finally, based on the current boundary agreement with the Village of Montgomery, this parcel, if re- incorporated into a municipality in the future, will be annexed back into the City of Yorkville. This is also consistent with the terms of the settlement agreement. STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to the City Council at the May 14, 2024 meeting. This item was delivered to the City on March 20, 2024. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 24-04 for site plan approval for the construction of a YMCA recreational facility on an approximately 25.8-acre property consisting of two (2) parcels commonly known as 1520 Cannonball Trail, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments 2. Ord. 2020-45 Settlement Agreement for De-Annexation 3. EEI, Inc. Review Comments in a letter dated April 3, 2024 4. Yorkville Boundary Agreement Map ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-04 Larry Nelson on Behalf of the Fox Valley Family YMCA, Inc. Site Plan Approval BACKGROUND AND INTRODUCTION The Petitioner would like to construct one (1) fifty-nine thousand, two hundred thirty-three (59,233) square foot YMCA building on the subject property as part of Phase I of the project with related parking. Phase II consists of an eighty-nine thousand nine hundred thirty-six (89,936) square foot swimming pool and daycare addition with related parking. Section 13:10 of the Zoning Ordinance requires site plan review for structures on properties zoned B-4. The property was de-annexed from Yorkville and zoned B-4 by court order in 2020. The application materials are included as Attachment 1. The site plan is included as Attachment 2. A picture of the proposed structure is included as Attachment 3. SITE INFORMATION PETITIONER: Larry Nelson on Behalf of Fox Valley Family YMCA, Inc. ADDRESS: 1520 Cannonball Trail, Bristol LOCATION: Southeast Corner of Galena Road and Cannonball Trail TOWNSHIP: Bristol PARCEL #s: 02-10-300-019 and 02-10-300-020 LOT SIZE: 25.8 +/- Acres ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 2 of 4 EXISTING LAND USE: Agricultural ZONING: B-4 Commercial Recreation District LRMP: Future Land Use Urbanized Community (County) Estate/Conservation Residential (Yorkville) Roads Cannonball Trail is a County maintained Major Collector. Trails Yorkville has a trail planned along Cannonball Trail. Floodplain/ Wetlands There is no floodplain on the property. There is a wetland on the property and the Petitioner submitted a wetland delineation report and jurisdictional determination request with their stormwater permit application. REQUESTED ACTION: Site Plan Approval APPLICABLE REGULATIONS: Section 13:10 – Site Plan Approval SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Agricultural/Farmstead A-1 (County) B-1 (Montgomery) Neighborhood Commercial (Montgomery) N/A South Public/Institutional (Church) R-2, R-3, and B-3 (Yorkville) Estate/Conservation Residential (Yorkville) N/A East Agricultural A-1 (County) Rural Residential (County) Estate/Conservation Residential (Yorkville) N/A West Agricultural and Single- Family Residential R-2 D and R-2 Single-Family Traditional (Yorkville) Estate/Conservation Residential (Yorkville) N/A ACTION SUMMARY BRISTOL TOWNSHIP Petition information was sent to Bristol Township on March 20, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on March 20, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Protection District on March 20, 2024. DESIGN STANDARDS Pursuant to Section 13:10.D of the Kendall County Zoning Ordinance, the following shall be taken into account ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 3 of 4 when reviewing Site Plans (Staff comments in bold): Responsive to Site Conditions-Site plans should be based on an analysis of the site. Such site analysis shall examine characteristics such as site context; geology and soils; topography; climate and ecology; existing vegetation, structures and road network; visual features; and current use of the site. In addition to the standards listed below, petitioners must also follow the regulations outlined in this Zoning Ordinance. To the fullest extent possible, improvements shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative effects and alteration of natural features. Fragile areas such as wetlands and flood plains should be preserved as open space. Slopes in excess of 20 percent as measured over a 10-foot interval also should remain as open space, unless appropriate engineering measures concerning slope stability, erosion and safety are taken. There is wetland on the property located. A portion of the Phase II building and parking area are proposed inside the wetland. The Petitioner has submitted a wetland delineation study and jurisdictional determination information as part of their stormwater permit. Depending on the results of the jurisdictional determination, the site might need to be adjusted to reflect the wetland. The Petitioner proposes a detention pond south of the wetland. WBK Engineering’s comments dated February 22, 2024, are included as Attachment 4. Traffic and Parking Layout-Site plans should minimize dangerous traffic movements and congestion, while achieving efficient traffic flow. An appropriate number of parking spaces shall be provided while maintaining County design standards. The number of curb cuts should be minimized and normally be located as far as possible from intersections. Connections shall be provided between parking areas to allow vehicles to travel among adjacent commercial or office uses. Cross-access easements or other recordable mechanisms must be employed. The site plan shows one (1) access point from Cannonball Trail. The site plan shows one hundred fifty-five (155) parking spaces, including eight (8) handicapped accessible spaces in the first phase. An additional one hundred twenty-eight (128) parking spaces are proposed in the second phase. Section 11:04 of the Kendall County Zoning Ordinance states that the Regional Planning Commission recommends and the County Board approves the number of parking spaces for community centers. The site plan could change depending on the recommendation of the Regional Planning Commission. The Petitioner is proposing some of the parking spaces not be blacktopped, but use a CA-6 type of material. Conflicts between pedestrians and vehicular movements should be minimized. When truck traffic will be present upon the site, the road size and configuration shall be adequate to provide for off-street parking and loading facilities for large vehicles. Barrier curb should be employed for all perimeters of and islands in paved parking lots, as well as for all service drives, loading dock areas, and the equivalent. Parking lots in industrial or commercial areas shall be paved with hot-mix asphalt or concrete surfacing. No conflicts are foreseen. No islands or load dock areas are proposed. Site Layout-Improvements shall be laid out to avoid adversely affecting ground water and aquifer recharge; minimize cut and fill; avoid unnecessary impervious cover; prevent flooding and pollution; provide adequate access to lots and sites; and mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties. The proposal should not impact, shadow, noise, odor, traffic, or utilities on neighboring properties. Drainage concerns can be addressed in the stormwater management permit. The proposed septic field is located south of the access drive and southern most future parking area. Consistent with the Land Resource Management Plan-The proposed use and the design of the site should be consistent with the Land Resource Management Plan. This is true. Building Materials-The proposed site plan design shall provide a desirable environment for its occupants and visitors as well as its neighbors through aesthetic use of materials, textures and colors that will remain appealing and will retain a reasonably adequate level of maintenance. Buildings shall be in scale with the ultimate development planned for the area. Monotony of design shall be avoided. Variations in detail, form, and setting shall be used to provide visual interest. Variation shall be balanced by coherence of design elements. While a rendering of the building was provided, no information was provided regarding specific building materials. Relationship to Surrounding Development-A site shall be developed in harmony with neighboring street pattern, setbacks and other design elements. This is not an issue. ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 4 of 4 Open Space and Pedestrian Circulation-Improvements shall be designed to facilitate convenient and safe pedestrian and bicycle movement within and to the property. This is not an issue. Buffering-Measures shall be taken to protect adjacent properties from any undue disturbance caused by excessive noise, smoke, vapors, fumes, dusts, odors, glare or stormwater runoff. Incompatible, unsightly activities are to be screened and buffered from public view. The Petitioner indicated that buffering (i.e. fencing) type and location had not been finalized. Section 11:02.F.8 of the Zoning Ordinance discussing the planting of hedges, installation of berms, and the planting of natural vegetation. This Section also gives the Regional Planning Commission the ability to reduce buffering requirements. The Petitioner would like to ask the Regional Planning Commission for a reduction in the buffering requirement. Emergency Vehicle Access-Every structure shall have sufficient access for emergency vehicles. Staff would like comments from the Fire Protection District and Sheriff’s Department on this matter. Mechanical Equipment Screening-All heating, ventilation and air conditioning equipment shall be screened on sides where they abut residential districts. No information was provided regarding the location of heating, ventilation, or air conditioning equipment or the placement of mechanical screening. Lighting-The height and shielding of lighting fixtures shall provide proper lighting without hazard to motorists on adjacent roadways or nuisance to adjacent residents by extending onto adjacent property. Cut-off lighting should be used in most locations, with fixtures designed so that the bulb/light source is not visible from general side view. The Petitioner did not provide any information about lighting. Section 11:02.F.12 of the Zoning Ordinance requires all parking lots with greater than thirty (30) parking spaces to be lit and supply a photometric plan. The Petitioner is not proposing freestanding signage. Their would be an illuminated sign on the building. Refuse Disposal and Recycling Storage Areas-All refuse disposal and recycling storage areas should be located in areas designed to provide adequate accessibility for service vehicles. Locations should be in areas where minimal exposure to public streets or residential districts will exist. Screening shall be required in areas which are adjacent to residential districts or are within public view. Such enclosures should not be located in landscape buffers. Refuse containers and compactor systems shall be placed on smooth surfaces of non- absorbent material such as concrete or machine-laid asphalt. A concrete pad shall be used for storing grease containers. Refuse disposal and recycling storage areas serving food establishments shall be located as far as possible from the building’s doors and windows. The use of chain link fences with slats is prohibited. No information was provided regarding the location of the refuse area or the type of buffering that will be used for the refuse area. RECOMMENDATION Staff would like to receive comments from ZPAC about the proposal and comments from the Regional Planning Commission regarding buffering and parking before issuing a recommendation. ATTACHMENTS 1. Application Materials 2. Site Plan 3. Rendering 4. February 22, 2024, WBK Engineering Comment Letter. Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 INDEX TO SHEETS1. COVER SHEET2. EXISTING CONDITIONS & DEMOLITION PLAN3. STORMWATER POLLUTION & PREVENTION PLAN 14. STORMWATER POLLUTION & PREVENTION PLAN 25. CIVIL SITE PLAN - OVERALL6. CIVIL SITE PLAN - NORTH7. CIVIL SITE PLAN - SOUTH8. GRADING PLAN - OVERALL9. GRADING PLAN - NORTH10. GRADING PLAN - SOUTH11. GENERAL NOTES & DETAILS12. GENERAL NOTES & DETAILS IIPROFESSIONAL ENGINEER'S CERTIFICATIONSTATE OF ILLINOIS, COUNTY OF KENDALLI JOHN J. TEBRUGGE, A LICENSED PROFESSIONAL ENGINEER OF ILLINOIS, HEREBY CERTIFY THAT THESE PLANS HAVE BEENPREPARED UNDER MY PERSONAL DIRECTION BASED ON AVAILABLE DOCUMENTS AND FIELD MEASUREMENTS FOR THEEXCLUSIVE USE OF THE CLIENT NOTED HEREON.GIVEN UNDER MY HAND & SEAL THIS 24TH DAY OF JANUARY, 2024. ILLINOIS REGISTERED PROFESSIONAL ENGINEER NO. EXPIRES NOV. 30, 2025COPYRIGHT © 2024 BY TEBRUGGE ENGINEERINGALL RIGHTS RESERVED. NO PART OF THESE CIVIL ENGINEERING PLANS MAY BE REPRODUCED, DISTRIBUTED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING PHOTOCOPYING, RECORDING, OR OTHER ELECTRONIC OR MECHANICAL METHODS, WITHOUT THE PRIOR WRITTEN PERMISSION OF TEBRUGGE ENGINEERING.REGISTEREDPROFESSIONALENGINEEROFILLINOI SJO H N J. TEBRUGGENO. DATE NOTESREVISIONS 1520 N CANNONBALL TRAILBRISTOL, IL 60512KENDALL COUNTYP.I.N. 02-10-300-019 &02-10-300-020JANUARY, 2024UTILITY STATEMENTYMCA EAST SITE PLANSECTION 10, TOWNSHIP 37 NORTH , RANGE 7 EASTTEBRUGGE ENGINEERING410 E CHURCH ST - SUITE ASANDWICH, ILLINOIS 60548(815) 786-0195INFO@TEBRUGGEENGINEERING.COMWWW.TEBRUGGEENGINEERING.COMBENCHMARKS:PLANS PREPARED FOR:CIVIL ENGINEER:Know what'sbelow.before you dig.CallRContractor and or sub-contractors shall verify locations of all undergroundutilities prior to digging. Contact J.U.L.I.E. (Joint Utility Locating forExcavators) at 1-800-892-0123 or dial 811.SOURCE BENCHMARK:UNITED CITY OF YORKVILLE SURVEY CONTROL MONUMENT 1 - BERNTSEN MONUMENTCONSISTING OF A 3/4" DIAMETER ALUMINUM ROD WITH A 2-1/2" DOMED ALUMINUM CAPSTAMPED "UNITED CITY OF YORKVILLE" AND ENCASED IN A PVC PIPE WITH AN ACCESS COVERSTAMPED "UNITED CITY OF YORKVILLE", LOCATED NEAR THE FIRE STATION IN THENORTHEAST CORNER OF THE INTERSECTION OF GALENA ROAD AND ROSENWINKEL STREET,21.7 FT EAST OF A CORNER OF A CURB, 16.0 FT EAST OF A LIGHT POLE, AND 72.0 FT SOUTHWESTOF A CORNER OF A CURB.ELEVATION: 661.32 (NAVD 88)SITE BENCHMARK 1:NORTHWESTERLY ARROW TOP FLANGE BOLT ON FIRE HYDRANT NEAR THE NORTHEASTERLYCORNER OF THE SUBJECT SITE, APPROXIMATELY 900 FT EAST OF THE INTERSECTION OFGALENA ROAD AND CANNONBALL TRAIL, 49.0 FT SOUTH OF THE EDGE OF PAVEMENT OFGALENA ROAD, AND 11 FT NORTHWEST OF A WATER VALVE VAULT.ELEVATION: 652.38 (NAVD 88)SITE BENCHMARK 2:NORTHEASTERLY ARROW TOP FLANGE BOLT ON FIRE HYDRANT IN THE SOUTHWESTERLYCORNER OF THE INTERSECTION OF GALENA ROAD AND CANNONBALL TRAIL, NEAR THENORTHWESTERLY CORNER OF THE SUBJECT SITE, APPROXIMATELY 60.0 FT WEST OF THE EDGEOF PAVEMENT OF CANNONBALL TRAIL AND 17.5 FT NORTHWEST OF A WATER VALVE VAULT.ELEVATION: 655.32 (NAVD 88)ENGINEERING PLANSFORPROJECTLOCATIONFOX VALLEY FAMILY YMCA, INC.3875 ELDAMAIN RDPLANO, IL 60545PHONE: (630) 552-4100EMAIL: SWAYNE@FOXVALLEYYMCA.ORGTOPOGRAPHY STATEMENTLOCATION MAPN.T.S.REEN, INC.HRGTOPOGRAPHY SURVEY COMPLETED BY:2363 SEQUOIA DRIVE - SUITE 101; AURORA, IL 60506PHONE:630-553-7560 EMAIL: DSCHULTZ@HRGREEN.COMAttachment 2, Page 1 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESEXISTING CONDITIONS & DEMOLITION PLAN2Attachment 2, Page 2 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRRORMIRRORMIRROR POT STA 10+00.0010+00 100+00 105+00 110+00101102103104106107108109 111PC STA 104+65.66PT STA 109+72.20POT STA 100+00.00PI STA 107+19.53210+00215+00220+00209211212213214216217218219221POT STA 221+00.00PROP'D WELLW75' RPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTESSTORM WATER POLLUTION PREVENTION PLAN3Attachment 2, Page 3 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTESSTORM WATER POLLUTION PREVENTION PLAN4·CONCRETE WASH-OUT NOTE:CONCRETE WASHOUT SHOULD BE CONTAINED AT ALL TIMES. WASHOUTMATERIAL SHOULD NOT BE ALLOWED TO ENTER WATER BODIES, STORMSEWERS OR LEACH INTO THE SOIL UNDER ANY CIRCUMSTANCES. ANYWASTE SHOULD BE DISPOSED OF PROPERLY AND THE LOCATION OF THEWASHOUT SHOULD BE DESIGNATED WITH PROPER SIGNAGE. FAILURE TOCOMPLY COULD RESULT IN AN INCIDENCE OF NONCOMPLIANCE (ION).Attachment 2, Page 4 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRRORMIRROR MIRROR POT STA 10+00.0010+00 100+00 105+00 110+00101102103104106107108109 111 112PC STA 104+65.66PT STA 109+72.20POT STA 100+00.00PI STA 107+19.53210+00215+00220+00209211212213214216217218219221POT STA 221+00.00PROP'D WELLW75' RPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESOVERALL CIVIL SITE PLAN5Attachment 2, Page 5 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRRORMIRROR MIRROR POT STA 10+00.0011 10+00 105+00 110+00104106107108109 111 112PC STA 104+65.66PT STA 109+72.20PI STA 107+19.53210+00215+00220+00209211212213214216217218219221POT STA 221+00.00PROP'D WELLW75' RPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESCIVIL SITE PLAN - NORTH6Attachment 2, Page 6 100+00 105+00101102103104 106PC STA 104+65.66POT STA 100+00.00PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESCIVIL SITE PLAN - SOUTH7Attachment 2, Page 7 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRRORMIRROR MIRROR 105+00 110+00102103104106107108109PC STA 104+65.66PT STA 109+72.20PI STA 107+19.53PROP'D WELLW75' RPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESOVERALL GRADING PLAN8Attachment 2, Page 8 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRRORMIRRORMIRROR PROP'D WELLW75' RPHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESGRADING PLAN - NORTH9Attachment 2, Page 9 105+00103104PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATE NOTESGRADING PLAN - SOUTH10Attachment 2, Page 10 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTESGENERAL NOTES & DETAILS11TEBRUGGE ENGINEERINGDETENTION PONDCROSS SECTIONAttachment 2, Page 11 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMFOX VALLEY FAMILY YMCA, INCPREPARED FOR:3875 ELDAMAIN RD, PLANO, ILYMCA EAST SITE PLAN23 555 01OF 12 SHEETSJAN 22, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTESGENERAL NOTES & DETAILS II12Attachment 2, Page 12 FECFECFECFECFECFEC FEC FECFECFECHVACUNITHVACUNITHVACUNITHVACUNITMIRROR MIRROR MIRROR POT STA 10+00.0010+00 100+00 105+00 110+00101102103104106107108109 111PC STA 104+65.66PT STA 109+72.20POT STA 100+00.00PI STA 107+19.53210+00215+00220+00208209211212213214216217218219221POT STA 221+00.00PROP'D WELLW75' RTEBRUGGE ENGINEERINGPHONE: (815) 786-0195TEBRUGGEENGINEERING.COM410 E. CHURCH STREET - SUITE A —SANDWICH, IL 605481Attachment 2, Page 13 Attachment 3 WBK Engineering, LLC Part of Bodwé Professional Services St. Charles Office 116 W. Main Street, Suite 201 St. Charles, IL 60174 Battle Creek Office 68 E. Michigan Avenue Battle Creek, MI 49017 February 22, 2024 Mr. Matt Asselmeier Kendall County Planning, Building, & Zoning 111 West Fox Street Yorkville, IL 60560-1498 Subject: Fox Valley Family YMCA (Cannonball and Galena))- WBK Project 19-102.BV Dear Mr. Asselmeier: We have received and reviewed the following information for the subject project: •Stormwater Management Detention Design Computations prepared by Tebrugge Engineering dated December 11, 2023 and received February 5, 2024. •Engineering Plans for YMCA East Site Plan prepared by Tebrugge Engineering dated January 24, 2024 and received February 5, 2024. •Tributary Exhibit prepared by Tebrugge Engineering dated October 20, 2023 and received February 5, 2024. The following comments require resolution prior to plan approval and our recommendation for issuance of a stormwater permit. Stormwater Report 1.Provide documentation on floodplain and wetlands. 2.Provide an evaluation of existing conditions. a.Identify all existing site outfalls. b.Identify off-site areas draining on to the site. c.Provide a field tile survey. d.Document existing depressional storage on the site. e.Determine 2 year and 100 year event flows at all existing outfalls utilizing Hydraflow. 3.Provide a stormwater management report including a Comparison of 2 year and 100 year event flows at all existing outfalls for existing and proposed conditions. 4.Provide storm sewer and inlet capacity calculations. 5.The Curve number for impervious areas shall be 98. Verify the Curve number for pervious areas considering hydrologic soil groups. Engineering Plans 1.Reference is made or improvements and plans by Kendall County. Please provide the basis for the information depicted. For example, if you received hard copies please scan Attachment 4, Page 1 Attachment 4, Page 2 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-45 AN ORDINANCE APPROVING SETTLEMENT AND JUDGMENT ORDER IN THE MATTER OF FOX VALLEY YMCA, INC. vs. UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 81 day of September,2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on September 16,2020. Ordinance No. 2020-45 AN ORDINANCE APPROVING SETTLEMENT AND JUDGMENT ORDER IN THE MATTER OF FOX VALLEY FAMIL Y YMCA,INC. vs. UNITED CITY OF YORKVILLE WHEREAS, in 2001, the United City of Yorkville, Kendall County, Illinois (the "City") annexed approximately 633 acres of territory, 27.15 acres of which was acquired by the Fox Valley Family YMCA, Inc. in 2014 and 2015 (the "Plaintiff"); and, WHEREAS, the Plaintiff petitioned the City to de-annex the 27.15 acres from the City on the basis that the de-annexation of this area would not disrupt any municipal services, result in the isolation of any properties within the City's boundaries, disrupt growth prospects or result in a loss of revenue; and, WHEREAS, the City maintained that it was not in the best interest to permit the de- annexation and the Plaintiff commenced legal proceedings before the Circuit Court of Kendall County, Illinois; and, WHEREAS, after many discussions regarding the future use of this acreage, the Plaintiff and the City have agreed on terms to settle the matter of de-annexation as proposed in the Settlement and Judgment Order attached hereto and made a part hereof; and, WHEREAS, the Mayor and City Council have reviewed the proposed Settlement and Judgment Order and believe it to be in the best interests of the City to proceed with the settlement of this matter in accordance with the terms set forth therein. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Settlement and Judgment Order by and between the Fox Valley Family YMCA, Inc., an Illinois not-for-profit corporation, Plaintiff, and The United City of Ordinance No.2020-45 Page 2 Yorkville, an Illinois corporation in the form attached hereto and presented to this meeting is hereby approved and the Mayor is hereby authorized to execute said Agreement. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 8''day of September, A.D. 2020. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI NAY ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER NAY JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, en a unty, Illinois this 1J5 day of SEE I-F—M,B4e— , A.D. 2020. MAYOR Attest: CITY CLERK Ordinance No.2020-45 Page 3 STATE OF ILLINOIS ss. i:k,A" (a e 0- "DtCOUNTYOFKENDALL ) RE-,'G iRDLFe — KE140ALL LCWRITY, 1L RECORDED: 10/612020 03:13 PN LORD: 57.00 RHSPS FEE: 10.00 PA6Ea: 7 IN THE CIRCUIT COURT FOR THE TWENTY THIRD JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS FILED IN OPEN COURT FOX VALLEY FAMILY YMCA, Inc., an OCT 01 2070 Illinois not-for-profit corporation, ROBYN INGEMUNSONCIRCUITCLERKKENDALLCO. Plaintiff, V.Case No. 2016 MR 162 THE UNITED CITY OF YORKVILLE, an Illinois municipal corporation, Defendant. SETTLEMENT AND JUDGMENT ORDER THIS CAUSE having come on to be heard by this Honorable Court by and through Plaintiff's Attorney, Law Offices of Daniel J. Kramer and Defendant having been represented by Michelle LaGrotta; and the Court having considered the positions of the parties in various Pre-trials; and the parties arriving at a settlement of all issues in this cause,hereby agree to enter into this Settlement Agreement and Judgment Order by Consent: SETTLEMENT AGREEMENT In total settlement of the issues between the parties hereby agree as follows: A. Plaintiff and Defendant agree that the subject real property owned by the Fox Valley Family YMCA, Inc., as described in the attached Exhibit A, and located within the United City of Yorkville, Bristol Township, Kendall County, Illinois (the "Subject Property'), shall be de-annexed from the City limits of the United City of Yorkville, subject to the following conditions: 1. Unless one of the exemptions as hereinafter stated in paragraph 3 shall apply,the Plaintiff agrees that in the event the Plaintiff sells, conveys, leases,gifts or transfers title to the Subject Property or at any time hereafter sells, conveys, leases, gifts or transfers any portion of the Subject Property, the Plaintiff shall,prior to any such sale, conveyance, lease, gift or transfer,join with the grantee or lessee (as the case may be) to petition the United City of Yorkville to annex the Subject Property to the United City of Yorkville or prior to the sale, conveyance,lease, gift or transfer of any portion of the Subject Property, Plaintiff shall join with the grantee or lessee to petition the United City of Yorkville to annex such portion of the Subject Property to the United City of Yorkville without any conditions, it being understood that the Plaintiff, its successors and assigns and the grantee or the lessee shall not withdraw any petition to annex the Subject Property or any portion thereof. In the event the transfer of title to the Subject Property,or any portion thereof,does not occur,for any reason, the Subject Property shall be de-annexed once again. 2 Upon annexation, the Subject Property or any portion thereof shall be zoned B-3 under the Yorkville Municipal Code. 1 3. The following transactions shall be exempt from the provisions in paragraph 1 above: i) any lease of a roam or rooms within a structure owned by the 3 Plaintiff or the lease of a structure owned by the Plaintiff to an organization rendering services in furtherance of the Plaintiffs mission; ii) any sale, conveyance, lease, gift or transfer to a not-for-profit organization providing services as provided by the Plaintiff, it being understood that such not-for-profit organization shall be bound by this Settlement and Judgment Order regarding any future sale, conveyance, lease,gift or transfer; or, iii) any conveyance resulting from a merger of the Plaintiff with another not-for-profit organization which new entity shall provide the services as provided by the Plaintiff, it being understood that the new not-for-profit organization shall be bound by this Settlement and Judgment Order regarding any future sale,conveyance,lease,gift or transfer. 2.Plaintiff and Defendant shall each be responsible for payment of their respective Attorney's fees and costs incurred in this action. B. This Settlement Agreement shall run with the land and be binding upon the successors and assigns of each party hereto. Fox Valley YMCA,Inc. uthor' ed Representative 4Dani . Kramer, aw O es of Daniel J. Kramer, Attorney for Plaintiff United City of rkville, an Illinois municipal co o tion Mayor Attest: Aga City Clerk Michelle LaGrot , A orney for the United City of Yorkville Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 dkramer dankramerlaw.com STATE OF ILLINOIS OFFICIAL SEAL ss. JORI M BEHLAND NOTARY PUBLIC-STATE OF ILLINOIS COUNTY OF KENDALL ) MY COMMISSION EXPIRES:11/2?/20 This instrument was acknowledged before me this (5day of-&ptWA kr, 2020,by Tony, Pu II 4ary Public My Commission Expires: l 1 2 2 2c This instrument was prepared by and after recording, mail this instrument: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 dkramer r dankramerlaw.com V fil Exhibit "A" Parcel ID(s): 02-10-300-010 7.89 Acres Vacant Land, Yorkville, Illinois 60560 That part of the Southwest Quarter of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian, in the Township of Bristol, Kendall County, Illinois, described as follows: Commencing at the Southwest corner of the North Half of the Southwest Quarter of Section 10; thence North along the West line of said Section 2327.17 feet to the centerline of Galena Road formerly known as Blackberry and Little Rock Road), thence Southeasterly along said centerline to the Northerly extension of the East line of Cannonball Trail per Document Number 99886 for the point of beginning; thence continuing Southeasterly along said centerline,to the East line of the Southwest Quarter of said Section; thence continuing Southeasterly along said centerline, 251.46 feet; thence South parallel with the East line of said Southwest Quarter, to a line parallel with and 385.00 feet Southwesterly of, as measured at right angles to,the center line of Galena Road; thence Northwesterly along said parallel line to the Easterly line of Cannonball Trail per Document Number 99886; thence Northeasterly along said Easterly line and the Northeasterly extension thereof,to the point of beginning; Except that part falling in the following described property: That part of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the West line of the lands conveyed to Jerry W. Rider by Warranty Deed dated October 15, 1911, recorded as Document Number 887135 with a line that is 35 feet Southerly and parallel with the centerline of Galena Road; thence South 01 degrees 14 minutes 59 seconds East 380.07 feet along said West line to the point of beginning; thence South 01 degrees 14 minutes 59 seconds East, 686.83 feet along said West line; thence South 87 degrees 52 minutes 17 seconds West, 1179.64 feet to a line that is 35 feet Easterly and parallel with the center line of Cannonball Trail; thence North 11 degrees 32 minutes 00 seconds East, 1120.36 feet along said parallel line; thence South 39 minutes 22 seconds East, 1009.05 feet to the point of beginning. AND Parcel ID(s): 02-10-300-014 19.26 Acres Vacant Land,Yorkville, Illinois 60560 THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE NORTH 89 DEGREES 04 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 2661.12 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/ 117.50 FEET TO THE CENTER LINE OF GALENA ROAD AS MONUMENTED; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID CENTER LINE 254.02 FEET TO A POINT ON A MONUMENTED LINE THAT IS 234.10 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO)AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE,417.75 FEET TO POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO)AND PARALLEL WITH THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID MONUMENTED PARALLEL LINE 686.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2, 705.38 FEET; THENCE NORTH 0 DEGREES 56 MINUTES 08 SECONDS WEST, 245.00 FEET; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST, 414.71 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CANNONBALL TRAIL PER DOCUMENT NUMBER 99886; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 699.84 FEET; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF- WAY LINE, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 442.50 FEET, WHICH CHORD BEARS NORTH 20 DEGREES 11 MINUTES 27 SECONDS EAST,AN ARC LENGTH OF 115.73 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY PER VACATION DOCUMENT DATED MAY 14, 2001, 51.75 FEET TO A POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE CENTER LINE OF SAID GALENA ROAD; THENCE SOUTH 67 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID PARALLEL LINE 290.55 FEET TO A BEND POINT IN SAID PARALLEL LINE; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID PARALLEL LINE, 703.39 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS 47 71 126 34 47 71 SUGAR GROVESUGAR GROVE AURORAAURORA BIG ROCKBIG ROCK PLANOPLANO MONTGOMERYMONTGOMERY OSWEGOOSWEGO MILLBROOKMILLBROOK JOLIETJOLIET PLATTVILLEPLATTVILLE United City of Yorkville, Illinois YORKVILLE SURROUNDING BOUNDARY AGREEMENTS ADDRESS: 800 Game Farm Road, Yorkville Illinois DATA: All permit data and geographic data are property of the United City of Yorkville LOCATION: (I:)//Community Development/Boundary Agreements/Master Boundary Agreement Map DATE: June 30, 2020 Yorkville Municipal Boundary Yorkville Planning Boundary Yorkville/Sugar GroveOct. 25, 2016 - Oct. 25, 2036 Yorkville/OswegoJan. 25, 2002 - Sept. 1, 2021 EXPIRED Yorkville/PlaineldNov. 24, 2020 - Nov. 24, 2040 Yorkville/MontgomeryNov. 26, 2007 - Nov. 26, 2027 Yorkville/PlanoFeb. 27, 2020 - Feb 27, 2040 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning & Zoning Commission #3 Tracking Number PZC 2024-10 & EDC 2024-33 PZC 2024-10 – Kendall County Petition 24-05 (George S. and Heidi R. Oliver) City Council – May 14, 2024 PZC – 5/8/24 Moved forward to City Council agenda. PZC 2024-10 & EDC 2024-33 Majority Approval 1.5-Mile Review of a plat of vacation to vacate the public easements. Sara Mendez Community Development Name Department SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioners, George S. and Heidi R. Oliver, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision. The purpose of the request is to construct a home in the center of the combined lots. The real property is located at 7709 and 7731 Bentgrass Circle which is generally located at the north of the East Schoolhouse Road (IL Route 126) between Grove Road and Hopkins Road in unincorporated Kendall County. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petitions 24-05 for a plat of vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision commonly known as7709 and 7731 Bentgrass Circle, the Planning and Zoning Commission recommends to the City Council to not to object to the request. Action Item: Millen – aye; Williams – aye; Hyett – aye; Forristall– aye. 4 ayes; 0 nay ATTACHMENTS 1. Planning & Zoning Commission Memo 2. Application with Attachments Memorandum To: City Council From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: May 9, 2024 Subject: PZC 2024-05 – George S. and Heidi R. Oliver 1.5 Mile Review SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioners, George S. and Heidi R. Oliver, are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision. The purpose of the request is to construct a home in the center of the combined lots. The real property is located at 7709 and 7731 Bentgrass Circle which is generally located at the north of the East Schoolhouse Road (IL Route 126) between Grove Road and Hopkins Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 7709 and 7731 Bentgrass Circle in unincorporate Kendall County. The approximately 1.5- acre property, platted as two (2) separate parcels each totaling ~66,960 sq. ft. Currently, the property is unimproved. While the parcel is not immediately adjacent to incorporated Yorkville, it is approximately 1.5 miles to the east of the Prestwick of Ashley Pointe subdivision. REQUEST SUMMARY: The petitioners are proposing to vacate the existing combined ten (10) foot drainage and utility easements between Lots 223 and 224 within the Whitetail Ridge for the purpose of constructing a home in the center of the combined lots. The County’s engineering consultant, WBK Engineering, reviewed the vacation of the easement from the drainage perspective proposed and does not oppose the request to vacate the easements. The Whitetail Ridge Homeowners Association (HOA) also is agreeable to the request. Memorandum To: Planning & Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 13, 2023 Subject: PZC 2024-05 – George S. and Heidi R. Oliver 1.5 Mile Review Packet materials from 5/8/24 PZC meeting to follow YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. This future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The current land use within an open space golf course development and the proposed detached single- family home on a 1.5-acre lot is consistent with Yorkville’s Comprehensive Plan land use designation for this property. If approved, the proposed plat of vacation does not alter the land use and maintains its consistency with the areas future land use plans. STAFF COMMENTS Staff has reviewed the request for easement vacation and generally does not oppose the request. It will not affect the existing drainage within the planned development. Additionally, the land use is consistent with the City’s Comprehensive Plan and the vacation of the drainage and utility easements will not affect the future use of the land as it will remain residential in nature. Staff is seeking input from the Economic Development Committee as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to the Planning and Zoning Commission at the May 8, 2024 meeting and the City Council at the May 14, 2024 meeting. This item was delivered to the City on March 20, 2024. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-05 for a plat of vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision commonly known as 7709 and 7731 Bentgrass Circle, the Planning and Zoning Commission recommends the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 1 of 3 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-05 George S. and Heidi R. Oliver Plat of Vacation of a Drainage and Utility Easement in Whitetail Ridge Subdivision INTRODUCTION A ten foot (10’) drainage and utility easement presently exists between Lots 223 and 224 in Whitetail Ridge Subdivision. George and Heidi Oliver own the subject lots and would like to construct a home in the center of the combined lots. SITE INFORMATION PETITIONER George S. and Heidi R. Oliver ADDRESS 7709 and 7731 Bentgrass Circle, Yorkville (Lots 223 and 224 of Whitetail Ridge) LOCATION Approximately 0.10 Miles Southwest of the Intersection of Fairview Drive and Bentgrass Circle on the West Side of Bentgrass Circle TOWNSHIP Na-Au-Say Township PARCEL #s 06-07-375-002 and 06-07-375-003 LOT SIZE 1.5 +/- Acres EXISTING LAND USE Residential/Vacant ZONING RPD-2 ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 2 of 3 LRMP Current Land Use Vacant One-Family Residential Future Land Use Rural Residential (Max 0.65 Du/Acre) Roads Bentgrass is a Township Road classified as a Local Road Trails None Floodplain/ Wetlands None REQUESTED ACTION Vacate a Ten Foot (10’) Drainage and Utility Easement Between Lots 223 and 224 APPLICABLE REGULATIONS Section 7.06 (Subdivision Control Ordinance) SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential RPD-2 Rural Residential (Max 0.65 DU/Acre) N/A South Vacant Single-Family Residential RPD-2 Rural Residential N/A East Vacant Single-Family Residential RPD-2 Rural Residential N/A West Open Space (Golf Course) RPD-2 SU Open Space (Golf Course) N/A The RPD-2 special use is for a golf course. ACTION SUMMARY NA-AU-SAY TOWNSHIP Na-Au-Say Township was emailed information on March 20, 2024. UNITED CITY OF YORKVILLE The United City of Yorkville was emailed information on March 20, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT The Bristol-Kendall Fire Protection District was emailed information on March 20, 2024. GENERAL The application materials are included as Attachment 1. The plat of vacation is included as Attachment 2. The topographic information is included as Attachment 3. On March 7, 2024, Greg Chismark sent an email stating that he had no objections to the vacation from a drainage perspective. This email is included as Attachment 4. On March 5, 2024, a representative from the Whitetail Ridge Homeowners’ Association submitted an email stating the HOA was agreeable to the requested easement vacation. This email is included as Attachment 5. As of March 15, 2024, the Petitioner received approval from all of the utilities accept Comed. An email to that effect was included as Attachment 6. ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 3 of 3 RECOMMENDATION Staff recommends approval of the requested easement vacation provided that Lots 223 and 224 remain under the same ownership. ATTACHMENTS 1. Application Materials 2. Plat of Vacation 3. Topographic Information 4. March 7, 2024, Chismark Email 5. March 5, 2024, Whitetail Ridge HOA Email 6. March 15, 2024, Kramer Email Attachment 1, Page 1 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 2 Attachment 3 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #4 Tracking Number PZC 2024-11 & EDC 2024-34 PZC 2024-11 – Kendall Co. Pet. 24-06 (Jerry Styrczula, on behalf of A&D Properties, LLC) City Council – May 14, 2024 PZC – 5/8/24 Moved forward to City Council agenda. PZC 2024-11 & EDC 2024-34 Majority Approval 1.5-Mile Review of a map amendment 16.4 +/- acres located on the west side of Route 47, commonly known as addressed 7789 Route 47, from B-3 to M-1 Limited Manufacturing District. Sara Mendez Community Development Name Department SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Jerry Styrczula, on behalf of A&D Properties, LLC is requesting an approval of a map amendment (rezoning) 16.4 +/- acres located on the west side of Route 47, commonly known as addressed 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District. The purpose of the request is to run his business, Freuhauf Manufacturing, where he does trailer sales only at the subject property. The real property is located north of Ament Road and immediately west of S. Bridge Street in unincorporated Kendall County. PLANNING & ZONING COMMISSION ACTION: In consideration of the proposed mile and one-half review of Kendall County Petitions 24-06 for a map amendment from B-3 to M-1 for an approximately 16.4 +/- acre property consisting of five (5) parcels commonly known as 7789 Route, the Planning and Zoning Commission recommends to the City Council not to object to the request. Action Item: Millen – aye; Williams – aye; Hyett– aye; Forristall– aye. 4 ayes; 0 nay ATTACHMENTS 1. Planning & Zoning Commission Memo 2. Application with Attachments Memorandum To: City Council From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: May 9, 2024 Subject: PZC 2024-06 – Jerry Styrczula on Behalf of A&D Properties, LLC 1.5 Review SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Jerry Styrczula, on behalf of A&D Properties, LLC is requesting an approval of a map amendment (rezoning) 16.4 +/- acres located on the west side of Route 47, commonly known as addressed 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District. The purpose of the request is to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at the subject property. The real property is located north of Ament Road and immediately west of S. Bridge Street in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 7789 Route 47 in unincorporated Kendall County and consists of two (2) parcels totaling ~16.4-acres. Currently owned by A&D Properties, LLC, there are two (2) existing buildings on the property. The building to the north is approximately five thousand, three hundred sixty-six (5,366) square feet and the building to the south is approximately eleven thousand, three hundred (11,300) square feet. Additionally, part of the property is vacant. The site currently is occupied by several trucks. The property fronts Route 47 and has one (1) access point off Route 47. There is a deceleration lane for south bound traffic off of Route 47. The property also has one (1) access point off of Conservation Drive. The property is immediately southwest of Yorkville’s corporate boundary, approximately 0.30 miles (~1600 feet) from the Windett Ridge Subdivision. In 1975, the property was rezoned to B-3, Highway Business, by Kendall County from A-1, Agricultural District. Memorandum To: Planning & Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 8, 2024 Subject: PZC 2024-06 – Jerry Styrczula on Behalf of A&D Properties, LLC 1.5 Review Packet materials from 5/8/24 PZC meeting to follow REQUEST SUMMARY: The petitioners, Jerry Styrczula, on behalf of A&D Properties, LLC are requesting a map amendment (rezoning) from B-3 Highway Business District to M-1 Limited Manufacturing District in order to operate a trucking business for the storage and sale of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. As of the date of the memo sent by Kendall County’s Department of Planning, Building, and Zoning, March 20, 2024, the petitioner is working on a site approval plan. For now, we will be utilizing the existing site as is. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential and Agricultural Zone (AZ). The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single- family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The Agricultural Zone future land use designation is primarily intended for lands expected to remain for agricultural uses, both farming and restricted forms such as pastures, gardening, riding stables, nurseries, and greenhouses. In a proposal submitted in December by Grainco FS, Inc. (owner) and A.B. Schwartz, LLC (contract purchaser), they proposed an amendment to Kendall County’s Future Land Use Map from Transportation Corridor to Mixed Use Business for an approximately 20-acre property consisting of five (5) parcels commonly known as 8115 Route 47. As a result, an amendment to the Kendall County Future Land Use Map was made from Transportation Corridor to Mixed Use Business. The petitioners, Jerry Styrczula, on behalf of A&D Properties, LLC proposal to the approval of a map amendment (rezoning) for 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District is consistent with Kendall County’s recent changes. If Yorkville were to consider the proposal, a review of the Comprehensive Plan Update for additional industrial land use would need to be discussed. STAFF COMMENTS Staff is seeking input from the Economic Development Committee as the one-and-a-half-mile review allows for the city to make comments and requests to the petitioner and County prior to their public artz meetings. This review will also be brought to the Planning and Zoning Commission on May 8, 2024 and City Council on May 14, 2024. This item was delivered to the City on March 20, 2024. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-06 for a map amendment 16.4 +/- acres located on the west side of Route 47, commonly known as addressed 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District, the Planning and Zoning Commission recommends the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-06 Jerry Styrczula on Behalf of A&D Properties, LLC Map Amendment Rezoning from B-3 to M-1 INTRODUCTION A&D Properties, LLC would like a map amendment rezoning approximately sixteen point four more or less (16.4 +/-) acres located on the west side of Route 47 addressed as 7789 Route 47 from B-3 Highway Business District to M-1 Limited Manufacturing District in order to operate a trucking business for the sale and storage of semi- trailers, small trailers, semi-tractors, and similar uses at the subject property. The application materials are included as Attachment 1. Pictures of the property are included as Attachment 2-5. The property has been zoned B-3 since 1975. The ordinance rezoning the property to B-3 is included as Attachment 6. The property was previously used as a distributorship for International Harvester. The plat of survey is included as Attachment 7. If the map amendment is approved and if the Petitioner wants to make changes to the site, site plan approval will be required. As of the date of this memo, the Petitioner was working on a site plan proposal. SITE INFORMATION PETITIONERS: Jerry Styrczula on Behalf of A&D Properties, LLC ADDRESS: 7789 Route 47, Yorkville LOCATION: West Side of Route 47 Approximately 0.5 Miles North of Ament Road ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 2 of 4 TOWNSHIP: Kendall PARCEL #s: 05-09-300-015 LOT SIZE: 16.4 +/- Acres EXISTING LAND USE: Vacant and Improved Commercial ZONING: B-3 Highway Business District LRMP: Future Land Use Mixed Use Business Yorkville’s Plan calls for the property to be Estate/Conservation Residential Roads Route 47 is a State maintained arterial road. Trails There are no trails planned in this area. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTION: Map Amendment Rezoning Property from B-3 Highway Business District to M-1 Limited Manufacturing District APPLICABLE REGULATIONS: Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Improved Commercial, Agricultural, Single- Family Residential R-2 and B-3 (Yorkville) Suburban Neighborhoods and Estate/Conservation Residential (Yorkville) A-1, A-1 SU, R-1, R-4, and B-3 (County) R-2, R-3, B-1, and B-3 (Yorkville) South Vacant Manufacturing M-1 Mixed Use Business (County) Agricultural (Yorkville) A-1 and M-1 East Agricultural R-2 and R-3 (Yorkville) Estate/Conservation Residential (Yorkville) R-2 and R-3 (Yorkville) West Agricultural A-1 Rural Residential (Max 0.65 DU/Acre (County) Agricultural (Yorkville) A-1 ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 3 of 4 The A-1 special use permit to the north is for a landscaping business. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Pages 17-18). NATURAL RESOURCES INVENTORY The application for NRI was submitted on March 12, 2024 (see Attachment 1, Page 16). ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on March 20, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on March 20, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on March 20, 2024. GENERAL INFORMATION The Petitioner would like to rezone the property to operate a trucking business. BUILDING CODES There are two (2) existing buildings on the property. The northern building is approximately five thousand, three hundred sixty-six (5,366) square feet in size. The southern building is approximately eleven thousand, three hundred (11,300) square feet in size. Any future buildings would have to meet applicable building codes. UTILITIES The site is serviced by a well and septic. There is electricity and natural gas onsite. ACCESS The property fronts Route 47 and has one (1) access point off of Route 47. There is a deceleration lane for south bound traffic off of Route 47. The property also has one (1) access point off of Conservation Drive. PARKING AND INTERNAL TRAFFIC CIRCULATION There is existing parking around the southern building; the parking spaces are not marked. If improvements are made to the site, parking spaces would need to be marked. ODORS Based on the proposed uses, no new odors are foreseen. The owners of the property would have to follow applicable odor control regulations based on potential other future M-1 allowable uses. LIGHTING There are lights on both buildings and a streetlight is lying on the ground at the entrance off of Route 47. The amount of lighting could expand on the property if they install a larger parking lot or if different uses move onto the property. Lighting would need to be evaluated as part of site plan review. LANDSCAPING AND SCREENING There are several mature plants around the perimeter of the property. No changes to the landscaping or property screening are proposed as part of the map amendment. If improvements are made to the site in the future, landscaping and screening would be required as part of site plan review. ZPAC Memo – Prepared by Matt Asselmeier – March 20, 2024 Page 4 of 4 SIGNAGE Any signage would have to meet applicable regulations and secure permits. NOISE CONTROL The owners of the property would have to follow applicable noise control regulations based on future land uses. Noise control measures would need to be evaluated as part of site plan approval. STORMWATER The Petitioner submitted an application for a stormwater permit. FINDINGS OF FACT §13:07.F of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes, single-family residential, office, and light industrial, including outdoor storage. The property is presently vacant, but was previously used as a site for the sale of agricultural equipment. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 and M-1 in the unincorporated area and R-2, R-3, and B-3 inside the United City of Yorkville. The suitability of the property in question for the uses permitted under the existing zoning classification. The Petitioners proposed use of the property, for the operation of a trucking business, is not allowed in the B-3 Zoning District. The site itself could be used for a trucking business, if properly zoned. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural, storage and warehousing, and other light industrial type uses. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan was recently amended to Mixed Use Business. The M-1 Zoning District is consistent with the Mixed Use Business classification. RECOMMENDATION Staff recommends approval of the proposed map amendment. ATTACHMENTS 1. Application Materials 2. Picture of North Building 3. Picture of Entrance from Conservation Drive 4. Picture of North Side of South Building 5. Picture South Building 6. Ordinance 1975-09 7. Plat of Survey Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 1, Page 14 Attachment 1, Page 15 Attachment 1, Page 16 Attachment 1, Page 17 Attachment 1, Page 18 Attachment 2 Picture of North Building Attachment 3 Picture of Entrance from Conservation Drive Attachment 4 Picture of North Side of South Building Attachment 5 Picture of South Building Attachment 6 Attachment 7 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #5 Tracking Number PZC 2024-13 PZC 2024-13 Unified Development Ordinance – Text Amendment for Land Cash City Council – May 14, 2024 CC – 4/23/24 This item was presented at the 4/23/24 CC meeting for a motion to initiate a text amendment. CC 2024-30 Approval Text Amendment to Unified Development Ordinance regarding land cash ordinance. Krysti J. Barksdale-Noble, AICP Community Development Name Department Majority 1 Summary A request to amend 10-7-9 Park and Recreation Land and School Dedication in the Unified Development Ordinance regarding the methodology, criteria, and formula for requiring park and recreation and school site dedication as a condition of final plat approval of a subdivision. The proposed amendments would revert the calculations to the prior ordinance adopted in 1996 and provide continuity in calculating park and school land cash fees for current and future residential developments. Recommended revisions are specific to Table 10-7-9(A)(1): Parkland Dedication Requirements, Table 10- 7-9(B)(1): School Dedication Requirements, and Table 10-7-9(D): Estimated Population Per Dwelling Unit. Planning and Zoning Commission: The Planning and Zoning Commission held a public hearing for the proposed text amendment to the Unified Development Ordinance on May 8, 2024. The commission made the following action on the motion for the request below: In consideration of testimony presented during a Public Hearing on May 8, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-7-9 Park and Recreation Land and School Dedication in the Unified Development Ordinance regarding the methodology, criteria, and formula for requiring park and recreation and school site dedications a condition of final plat approval of a subdivision, as presented in a staff memorandum dated April 17, 2024. Action: Millen – aye; Williams – aye; Hyett – aye; Forristall – aye. 4 ayes; 0 nay Attachments 1. Planning & Zoning Commission Memo 2. Draft Approving Ordinance 3. Proposed redlined amendments to Section 10-7-9 Park and Recreation Land and School Site Dedication 4. Ord. 1996-3 “Ordinance Revising United City of the Village of Yorkville Land Cash Ordinance” 5. 2008 Park and Recreation Master Plan excerpt re: Park Facility Standards 6. Comparison Spreadsheets of Example Land Cash Calculations 7. Public Hearing Notice Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Sara Mendez, Planner I Bart Olson, City Administrator Date: May 9, 2024 Subject: PZC 2024-13 Park & Recreation Land and School Site Dedication Proposed Text Amendment Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING PARK AND RECREATION AND SCHOOL SITE DEDICATION (LAND CASH) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified Development Ordinance (“UDO”) the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed a request seeking an amendment to the UDO to revise the methodology, criteria, and formula for requiring park and recreation and school site dedication as a condition of final plat approval of a subdivision; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on May 8, 2024, to consider the request and forward a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2: That Section 10-7-9 Park and Recreation Land and School Dedication of the United City of Yorkville Unified Development Ordinance, specifically Tables 10-7-9(A)(1): Parkland Dedication Requirements, Table 10-7-9(B)(1): School Dedication Requirements, and Table 10-7-9(D): Estimated Population Per Dwelling Unit, is hereby amended attached hereto and made a part hereof as Exhibit A. Section 3: That the previously recorded Ordinance No. 1996-3 Revising United City of the Village of Yorkville Land Cash Ordinance adopted on January 25, 1996 shall be added as Appendix B. Land Cash Ordinance in the Unified Development Ordinance and is hereby attached hereto and made a part hereof as Exhibit B. Section 4: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 17 of 19 Park and Recreation Land and School Site Dedication As a condition of approval of a final plat of a subdivision, the developer shall dedicate land for park and recreational purposes and for school sites to serve the needs of residents of the development, or a cash contribution in lieu of the land dedication, or a combination of both, at the discretion of the City, in accordance with the criteria and formula below. A. Criteria For Requiring Park and Recreation Land Dedication. 1. Requirements and Population Ratio. The quantity of land required for park dedication shall result directly from the total population of the proposed development. The total requirement shall be five and one half (5 ½)ten (10) acres of land per one thousand (1,000) residents. The required five and one-half (5 ½)t ten (10) acres shall be allocated into different types of recreation areas as shown in Table 10-7-9(A)(1) per the City’s adopted Park and Recreation Master Plan, or as may be required by City Council at its discretion. B. Criteria For School Site Dedication. 1. Requirement and Population Ratio. The required dedication of land for school sites shall depend on the quantity of students projected to be generated within the subdivision. The land dedication requirement shall be determined by obtaining the ratio of: (a) the maximum estimated number of students to be served in each such school classification (this number is determined by applying the estimated population per dwelling unit as defined in Table 10-7-9(B)(1)(D) over (b) the maximum recommended number of students to be served in each school classification ,and then applying such ratio to the (c) minimum recommended number of acres for a school site of each school classification defined in Table 10-7-9(B)(1). The product shall be the number of acres of land required for sufficient school sites to serve the estimated children in each such school classification. Table 10-7-9(B)(1): School Dedication Requirements School Classification Grade Maximum Number of Students For Each School Classification Minimum Number of Land Acres For Each School Site For Such Classification Elementary Schools - Grades K-5 321.50 students 7.25 acres Junior High Schools - Grades 6-8 429.88 students 15.92 acres High Schools - Grades 9-12 590 students 49.30 acres C. Contribution in Lieu Procedure. When available land is inappropriate for park, recreational, or school sites, the City shall require At the City’s discretion, it may require the developer to pay a contribution in lieu of the land dedication required. The cash contribution required in lieu of park and recreation and/or school facilities shall be per the City’s adopted ordinances. Type of Recreation Area Size Range Minimum Acres Per 1,000 People Play lot Minimum - 8,000 square feet n/a School/park (neighborhood playground)Minimum - 5 acres 1.25 Neighborhood park Minimum - 3 1/2 acres 1 District-wide park or play field Minimum - 4 acres, up to 30 acres 1.25 Community-wide recreation park Minimum - 12 acres, up to 30 acres 2 Total 5.5 Table 10-7-9(A)(1): Parkland Dedication Requirements School Classification Grade Maximum Number of Students For Each School Classification Minimum Number of Land Acres For Each School Site For Such Classification Elementary Schools - Grades K-5 600 students 11 acres Junior High Schools - Grades 6-8 900 students 19 acres High Schools - Grades 9-12 2,300 students 48 acres Table 10-7-9(B)(1): School Dedication Requirements Exhibit A United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 18 of 19 The cash contributions in lieu of park and recreation land dedication shall be held in trust solely for the acquisition of park and recreation land which will be available to serve the needs of the residents of the subdivision. United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 19 of 19 D. Estimated Population Per Dwelling Unit. Table 10-7-9(D) of population density shall be used to calculate the quantity of dedicated acres of land for parkland or schools or to determine the required cash contribution in lieu of. Table 10-7-9(D): Estimated Population Per Dwelling Unit Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit 0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages Dwelling, Single-Family 2 Bedroom 0.102 0.191 0.054 0.057 1.694 2.098 3 Bedroom 0.254 0.440 0.126 0.179 .921 2.920 4 Bedroom 0.413 0.665 0.190 0.340 2.142 3.750 5 Bedroom 0.236 0.488 0.139 0.249 2.637 3.749 Dwelling Duplex, Dwelling, Townhome 1 Bedroom 0.000 0.064 0.018 0.037 1.068 1.187 2 Bedroom 0.092 0.198 0.056 0.074 1.776 2.196 3 Bedroom 0.231 0.298 0.085 0.103 1.805 2.522 4 Bedroom 0.332 0.452 0.130 0.205 2.243 3.362 Dwelling, Multi-Family Efficiency 0.000 0.064 0.018 0.037 1.360 1.479 1 Bedroom 0.000 0.064 0.018 0.038 1.749 1.869 2 Bedroom 0.042 0.160 0.045 0.079 1.614 1.940 3 Bedroom 0.050 0.339 0.096 0.153 2.499 3.137 Note: Estimated population per dwelling unit formula is based on standards adopted via Ord. 1996-3. Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit 0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages 2 Bedroom 0.113 0.136 0.048 0.020 1.700 2.017 3 Bedroom 0.292 0.369 0.173 0.184 1.881 2.899 4 Bedroom 0.418 0.530 0.298 0.360 2.158 3.764 5 Bedroom 0.283 0.345 0.248 0.300 2.594 3.770 1 Bedroom 0.000 0.000 0.000 0.000 1.193 1.193 2 Bedroom 0.064 0.088 0.048 0.038 1.752 1.990 3 Bedroom 0.212 0.234 0.058 0.059 1.829 2.392 4 Bedroom 0.323 0.322 0.154 0.173 2.173 3.145 Efficiency 0.000 0.000 0.000 0.000 1.294 1.294 1 Bedroom 0.000 0.002 0.001 0.001 1.754 1.758 2 Bedroom 0.047 0.086 0.042 0.046 1.693 1.914 3 Bedroom 0.052 0.234 0.123 0.118 2.526 3.053 Table 10-7-9(D): Estimated Population Per Dwelling Unit Dwelling Duplex, Dwelling, Townhome Note: Estimated population per dwelling unit formula is based on standards in use in the Village of Sleepy Hollow, Illinois Dwelling, Multi-Family Dwelling, Single-Family Exhibit B 1 Summary A request to amend 10-7-9 Park and Recreation Land and School Dedication in the Unified Development Ordinance regarding the methodology, criteria, and formula for requiring park and recreation and school site dedication as a condition of final plat approval of a subdivision. The proposed amendments would revert the calculations to the prior ordinance adopted in 1996 and provide continuity in calculating park and school land cash fees for current and future residential developments. Recommended revisions are specific to Table 10-7-9(A)(1): Parkland Dedication Requirements, Table 10- 7-9(B)(1): School Dedication Requirements, and Table 10-7-9(D): Estimated Population Per Dwelling Unit. Background In January 1996, the City of Yorkville adopted a Land Cash Ordinance which established the required minimum land dedication for parks and schools upon approval of a final plat of subdivision for new residential developments. The land cash ordinance also allowed for a cash in lieu payment rather than the actual land or a combination of both if the development site could not reasonably accommodate the required minimum acreage to be dedicated for public parks and schools. At that time, the formula for calculating the minimum required land dedication was derived from the Illinois State Board of Education recommendations for minimum site criteria based on school classification by grade, county average students per school classification, and county average acreage per school classification. Ultimately, the number of students to be generated by a subdivision or planned unit development was calculated using a data from 1993 which determined the minimum acreage (park and school) required to be dedicated or funded in cash. Since 1996, there have been four (4) amendments to the Land Cash Ordinance related to the fair market value for an improved acre of land in Yorkville. Although the ordinance states “it is recognized that population density, age distributions and local conditions change over years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof… are subject to periodic review and amendment if necessary”, there has been no changes to the methodology the City uses to determine land cash calculations in nearly 30 years. Unified Development Ordinance As part of the Unified Development Ordinance adoption, the consultant prepared recommended changes to the City’s established land cash population methodology, estimated number of students per school classification, and minimum numbers of acres required for both park land and school site dedication. According to staff’s research, these numbers were based off of the 2010 Illinois Capital Development Board’s (ICDB) Acreage Guidelines which serves as the construction management arm for Illinois State Government and most school districts follow these standards when deciding to construct new facilities, as well as the School Construction Laws in the state statute. Furthermore, many area communities have adopted this methodology as well, such as Oswego, St. Charles, Joliet, Elgin, New Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Sara Mendez, Planner I Bart Olson, City Administrator Date: April 17, 2024 Subject: PZC 2024-13 Park & Recreation Land and School Site Dedication Proposed Text Amendment Packet materials from 5/8/24 PZC meeting to follow 2 Lennox, Woodridge, and the Village of Sleepy Hollow (cited in the UDO). Therefore, the recommendation was made to modernize the land cash formula which was codified in the Unified Development Ordinance. Comparison of Former & Current Calculations The following table illustrates the comparison of the formula from the previous land cash ordinance (approved via Ord. 1996-3) and the current UDO formula: The City previously based our school land cash requirements on an assumption that an average of 321 kids would be in a 7.25-acre elementary school, 429 kids would be in a ~16-acre middle school, and 590 kids would be in a 49-acre high school. The City’s new land cash ordinance changed the methodology of the fees to reduce the total donation from developers to the school district because we modified the population projection table and moved to an assumption that a maximum count of 600 kids would be in an 11-acre elementary school, 900 kids would be in a 19-acre middle school, and 2,300 kids would be in a 48-acre high school 1. However, this new land cash ordinance has the effect of reducing the park and school land cash donation by nearly half. Below are example calculations using the former land cash calculations and the current UDO calculations for a generic residential planned unit development with 100 single-family homes, 50 townhomes, and 20 duplexes, for a total of 170 dwelling units. 1996 Land Cash Ord. UDO Land Cash Ord. Required Park Land Donation/Cash 5.320 acres/$537,320 2.858 acres/$288,658 Required School Land Donation/Cash 7.100 acres/$717,126 3.500 acres/$353,533 Cash in Lieu Fee per Dwelling Unit (Park) SF = $3,787.64 DU = $2,382.68 TH = $2,218.04 SF = $2,090.57 DU = $1,216.90 TH = $1,105.27 Cash in Lieu Fee per Dwelling Unit (School) SF = $5,055.12 DU = $3,180.01 TH = $2,960.28 SF = $2,560.41 DU = $1,490.40 TH = $1,353.67 1 The 2010 ICDB recommendations are the same or very close to the UDO land cash values (e.g., Elementary: 5 acres plus 1 acre per 100 students; Middle: 15 acres plus 1 acre per 100 students; High School: 20 acres plus 1 acre per 100 students). Former Land Cash Dedication Requirements (Ord. 1996-3) UDO School Land Cash Requirements (Ord. 2023-60) School Classification County Average Students per school classification County Average Acreage per school classification School Classification Maximum Number of Students for school classification Minimum Number of Land Acres for school classification Elementary 321.50 7.25 0.0225 ac/student Elementary 600 11 0.018 ac/student Middle 429.88 15.92 0.3703 ac/student Middle 900 19 0.211 ac/student High School 590.0 49.30 0.0835 ac/student High School 2,300 48 0.208 ac/student 3 Proposed Text Amendments In consideration of the impactful changes to the school land cash donation as a result of the new methodology used in the UDO, staff is proposing to amend Section 10-7-9. Park and Recreation Land and School Dedication in the Unified Development Ordinance (UDO). The following is a summary of the proposed amendments: 1. Table 10-7-9(A)(1): Parkland Dedication Requirements. Staff is proposing to remove the following table in its entirety as the total parkland dedication table recommends a minimum total of 5.5 aces per 1,000 people, while the previous 1996 Land Cash Ordinance recommends a minimum of ten (10) acres. Additionally, the original 1996 ordinance did not have a parkland dedication table as presented in the UDO version, which provides minimum acres and size ranges per type of recreation area. Although the 2008 Yorkville Park and Recreation Master Plan provides for such park acreage standards, these standards may be revised in the future. Therefore, staff recommends deferring to the most recent adopted version of the Park and Recreation Master Plan for park acreage standards, as follows: 2. Table 10-7-9(B)(1): School Dedication Requirements a. Replace with the following revised table. Table 10-7-9(B)(1): School Dedication Requirements School Classification Grade Maximum Number of Students For Each School Classification Minimum Number of Land Acres For Each School Site For Such Classification Elementary Schools - Grades K-5 321.50 students 7.25 acres Junior High Schools - Grades 6-8 429.88 students 15.92 acres High Schools - Grades 9-12 590 students 49.30 acres 4 3. Table 10-7-9(D): Estimated Population Per Dwelling Unit a. Replace with the following revised table. Table 10-7-9(D): Estimated Population Per Dwelling Unit Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit 0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages Dwelling, Single-Family 2 Bedroom 0.102 0.191 0.054 0.057 1.694 2.098 3 Bedroom 0.254 0.440 0.126 0.179 .921 2.920 4 Bedroom 0.413 0.665 0.190 0.340 2.142 3.750 5 Bedroom 0.236 0.488 0.139 0.249 2.637 3.749 Dwelling Duplex, Dwelling, Townhome 1 Bedroom 0.000 0.064 0.018 0.037 1.068 1.187 2 Bedroom 0.092 0.198 0.056 0.074 1.776 2.196 3 Bedroom 0.231 0.298 0.085 0.103 1.805 2.522 4 Bedroom 0.332 0.452 0.130 0.205 2.243 3.362 Dwelling, Multi-Family Efficiency 0.000 0.064 0.018 0.037 1.360 1.479 1 Bedroom 0.000 0.064 0.018 0.038 1.749 1.869 2 Bedroom 0.042 0.160 0.045 0.079 1.614 1.940 3 Bedroom 0.050 0.339 0.096 0.153 2.499 3.137 Note: Estimated population per dwelling unit formula is based on standards adopted via Ord. 1996-3. 4. Appendix B – Ordinance No. 1996-3 Staff also proposes to add as Appendix B in the Unified Development Ordinance the previously recorded Ordinance No. 1996-3 Revising United City of the Village of Yorkville Land Cash Ordinance adopted on January 25, 1996 which would codify the ordinance as a reference to the other development related ordinances. Staff Comments Staff supports the revisions to Section 10-7-9 of the Unified Development Ordinance, reinstating the 1996 methodology for determining park and school land dedication requirements, ensuring consistency in cash fee calculations for residential developments both present and forthcoming. Proposed Motion: In consideration of testimony presented during a Public Hearing on May 8, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-7-9 Park and Recreation Land and School Dedication in the Unified Development Ordinance regarding the methodology, criteria, and formula for requiring park and recreation and school site dedications a condition of final plat approval of a subdivision, as presented in a staff memorandum dated April 17, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 5 Attachments 1. Draft Approving Ordinance 2. Proposed redlined amendments to Section 10-7-9 Park and Recreation Land and School Site Dedication 3. Ord. 1996-3 “Ordinance Revising United City of the Village of Yorkville Land Cash Ordinance” 4. 2008 Park and Recreation Master Plan excerpt re: Park Facility Standards 5. Comparison Spreadsheets of Example Land Cash Calculations 6. Public Hearing Notice Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING PARK AND RECREATION AND SCHOOL SITE DEDICATION (LAND CASH) WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified Development Ordinance (“UDO”) the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed a request seeking an amendment to the UDO to revise the methodology, criteria, and formula for requiring park and recreation and school site dedication as a condition of final plat approval of a subdivision; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on May 8, 2024, to consider the request and forward a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2: That Section 10-7-9 Park and Recreation Land and School Dedication of the United City of Yorkville Unified Development Ordinance, specifically Tables 10-7-9(A)(1): Parkland Dedication Requirements, Table 10-7-9(B)(1): School Dedication Requirements, and Table 10-7-9(D): Estimated Population Per Dwelling Unit, is hereby amended attached hereto and made a part hereof as Exhibit A. Section 3: That the previously recorded Ordinance No. 1996-3 Revising United City of the Village of Yorkville Land Cash Ordinance adopted on January 25, 1996 shall be added as Appendix B. Land Cash Ordinance in the Unified Development Ordinance and is hereby attached hereto and made a part hereof as Exhibit B. Section 4: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2024. ______________________________ City Clerk 2 DAN TRANSIER ______ KEN KOCH ______ CRAIG SOLING ______ ARDEN JOE PLOCHER ______ CHRIS FUNKHOUSER ______ RUSTY CORNEILS ______ SEAVER TARULIS ______ MATT MAREK ______ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2024. ____________________________________ Mayor United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 17 of 19 Park and Recreation Land and School Site Dedication As a condition of approval of a final plat of a subdivision, the developer shall dedicate land for park and recreational purposes and for school sites to serve the needs of residents of the development, or a cash contribution in lieu of the land dedication, or a combination of both, at the discretion of the City, in accordance with the criteria and formula below. A. Criteria For Requiring Park and Recreation Land Dedication. 1. Requirements and Population Ratio. The quantity of land required for park dedication shall result directly from the total population of the proposed development. The total requirement shall be five and one half (5 ½)ten (10) acres of land per one thousand (1,000) residents. The required five and one-half (5 ½)t ten (10) acres shall be allocated into different types of recreation areas as shown in Table 10-7-9(A)(1) per the City’s adopted Park and Recreation Master Plan, or as may be required by City Council at its discretion. B. Criteria For School Site Dedication. 1. Requirement and Population Ratio. The required dedication of land for school sites shall depend on the quantity of students projected to be generated within the subdivision. The land dedication requirement shall be determined by obtaining the ratio of: (a) the maximum estimated number of students to be served in each such school classification (this number is determined by applying the estimated population per dwelling unit as defined in Table 10-7-9(B)(1)(D) over (b) the maximum recommended number of students to be served in each school classification ,and then applying such ratio to the (c) minimum recommended number of acres for a school site of each school classification defined in Table 10-7-9(B)(1). The product shall be the number of acres of land required for sufficient school sites to serve the estimated children in each such school classification. Table 10-7-9(B)(1): School Dedication Requirements School Classification Grade Maximum Number of Students For Each School Classification Minimum Number of Land Acres For Each School Site For Such Classification Elementary Schools - Grades K-5 321.50 students 7.25 acres Junior High Schools - Grades 6-8 429.88 students 15.92 acres High Schools - Grades 9-12 590 students 49.30 acres C. Contribution in Lieu Procedure. When available land is inappropriate for park, recreational, or school sites, the City shall require At the City’s discretion, it may require the developer to pay a contribution in lieu of the land dedication required. The cash contribution required in lieu of park and recreation and/or school facilities shall be per the City’s adopted ordinances. Type of Recreation Area Size Range Minimum Acres Per 1,000 People Play lot Minimum - 8,000 square feet n/a School/park (neighborhood playground)Minimum - 5 acres 1.25 Neighborhood park Minimum - 3 1/2 acres 1 District-wide park or play field Minimum - 4 acres, up to 30 acres 1.25 Community-wide recreation park Minimum - 12 acres, up to 30 acres 2 Total 5.5 Table 10-7-9(A)(1): Parkland Dedication Requirements School Classification Grade Maximum Number of Students For Each School Classification Minimum Number of Land Acres For Each School Site For Such Classification Elementary Schools - Grades K-5 600 students 11 acres Junior High Schools - Grades 6-8 900 students 19 acres High Schools - Grades 9-12 2,300 students 48 acres Table 10-7-9(B)(1): School Dedication Requirements United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 18 of 19 The cash contributions in lieu of park and recreation land dedication shall be held in trust solely for the acquisition of park and recreation land which will be available to serve the needs of the residents of the subdivision. United City of Yorkville Chapter 7. Subdivision Standards Unified Development Ordinance Update Page 19 of 19 D. Estimated Population Per Dwelling Unit. Table 10-7-9(D) of population density shall be used to calculate the quantity of dedicated acres of land for parkland or schools or to determine the required cash contribution in lieu of. Table 10-7-9(D): Estimated Population Per Dwelling Unit Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit 0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages Dwelling, Single-Family 2 Bedroom 0.102 0.191 0.054 0.057 1.694 2.098 3 Bedroom 0.254 0.440 0.126 0.179 .921 2.920 4 Bedroom 0.413 0.665 0.190 0.340 2.142 3.750 5 Bedroom 0.236 0.488 0.139 0.249 2.637 3.749 Dwelling Duplex, Dwelling, Townhome 1 Bedroom 0.000 0.064 0.018 0.037 1.068 1.187 2 Bedroom 0.092 0.198 0.056 0.074 1.776 2.196 3 Bedroom 0.231 0.298 0.085 0.103 1.805 2.522 4 Bedroom 0.332 0.452 0.130 0.205 2.243 3.362 Dwelling, Multi-Family Efficiency 0.000 0.064 0.018 0.037 1.360 1.479 1 Bedroom 0.000 0.064 0.018 0.038 1.749 1.869 2 Bedroom 0.042 0.160 0.045 0.079 1.614 1.940 3 Bedroom 0.050 0.339 0.096 0.153 2.499 3.137 Note: Estimated population per dwelling unit formula is based on standards adopted via Ord. 1996-3. Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit 0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages 2 Bedroom 0.113 0.136 0.048 0.020 1.700 2.017 3 Bedroom 0.292 0.369 0.173 0.184 1.881 2.899 4 Bedroom 0.418 0.530 0.298 0.360 2.158 3.764 5 Bedroom 0.283 0.345 0.248 0.300 2.594 3.770 1 Bedroom 0.000 0.000 0.000 0.000 1.193 1.193 2 Bedroom 0.064 0.088 0.048 0.038 1.752 1.990 3 Bedroom 0.212 0.234 0.058 0.059 1.829 2.392 4 Bedroom 0.323 0.322 0.154 0.173 2.173 3.145 Efficiency 0.000 0.000 0.000 0.000 1.294 1.294 1 Bedroom 0.000 0.002 0.001 0.001 1.754 1.758 2 Bedroom 0.047 0.086 0.042 0.046 1.693 1.914 3 Bedroom 0.052 0.234 0.123 0.118 2.526 3.053 Table 10-7-9(D): Estimated Population Per Dwelling Unit Dwelling Duplex, Dwelling, Townhome Note: Estimated population per dwelling unit formula is based on standards in use in the Village of Sleepy Hollow, Illinois Dwelling, Multi-Family Dwelling, Single-Family Section 2 2-12 Activity / Facility Recommended Space Requirements Recommended Size and Dimensions Recommended Orientation No. of Units per Population Service Radius Location Notes Beach Areas N/A Beach area should have 50 sq. ft. of land and 50 sq. ft. of water per user. There should be 3-4 acre supporting land per acre of beach. N/A N/A N/A Should have sand bottom with slope maximum of 5% (flat preferable). Boating areas completely segregated from swimming areas. PARK ACREAGE STANDARDS The National Recreation and Park Association (NRPA) set a standard of ten acres of park land, however per 1,000 residents in any community nationwide. Acreage allotment standards were divided into the following allotment standards: two and a half (2.5 ac) acres of minimum and neighborhood parks should be provided for each 1,000 people of a specified geographic neighborhood, seven and a half (7.5 ac) acres per 1,000 residents to equally distribute the parks throughout the community. Additional acreage comparisons can be made across Illinois, as indicated by state averages derived from the Statewide Comprehensive Outdoor Recreation Plan for existing facilities. Illinois does make a statement about regional resource-based recreation lands, noting an average of forty-nine (49) acres per 1,000 residents. This classification function can also be applied to County requirements, it is not included in the municipal analysis. The national standard methodology was revised in mid 1996 to a Level of Service, or LOS. This research tool measures actual facility and park usage and translates these trends into new growth area projects. The NRPA advocates that local providers must review classifications of leisure events, needs, and park space as they specifically impact their individual communities. Physical distribution of actual park land does not calculate into these tables, therefore this information should be cross referenced with the spatial mapping research. The Illinois Department of Resources (IDNR) does not have park acreage standards, therefore it was not included in this analysis. Section 2 2-13 CURRENT PARK ACREAGE STANDARDS STANDARDS 2008 Park Type City Standard per 1000 pop. Recommended NRPA Standard per. 1000 pop. Existing Parks (acreage) City Standard 16,450 NRPA Standard 16,450 1. Mini Parks 0.0 0.5 6.8 0.0 8.2 2.Neighborhood Parks 2.0 2.0 76.7 32.9 32.9 3. Community / Athletic Parks 8.0 7.0 64.5 131.6 115.2 4. Special Facilities 0.0 0.5 80.0 0.0 8.2 SUBTOTAL 10.0 10.0 228.0 164.5 164.5 Natural Resource Area 0.0 15.0 51.0 0.0 246.8 TOTALS 10.0 25.0 279.0 164.5 411.3 SURPLUS (DEFICIT) 114.5 (-132.3) The City is currently meeting the standards for overall community park land however it varies significantly by classification level. The above chart shows that the City is deficient in certain areas. Community parks are deficient from the City and NRPA standards. Neighborhood parkland requirements are being met, as well as Special Facilities. FUTURE PARK ACREAGE STANDARDS STANDARDS 2009 2014 Park Type City Std. per 1000 pop. Recommended NRPA Standard per. 1000 pop. Existing Parks (acreage) City Std. 19,740 NRPA Std. 19,740 Existing Parks (acreage) City Std. 36,190 NRPA Std. 36,190 1. Mini Parks 0.0 0.5 6.8 0.0 9.9 6.8 0.0 18.1 2.Neighborhood Parks 2.0 2.0 42.9 39.5 39.5 76.7 72.4 72.4 3. Community / Athletic Parks 8.0 7.0 44.5 157.9 138.2 64.5 289.5 253.3 4. Special Facilities 0.0 0.5 0.0 0.0 9.9 80.0 0.0 18.1 SUBTOTAL 10.0 10.0 94.2 197.4 197.4 228.0 361.9 361.9 Natural Resource Area 0.0 15.0 18.0 0.0 296.1 51.0 0.0 542.9 TOTALS 10.0 25.0 112.2 197.4 493.5 279.0 361.9 904.8 SURPLUS (DEFICIT) (-85.3) (-381.4) (-83.0) (-625.8) The second chart helps to illustrate projected park land requirements by future populations. It is anticipated the City will require additional acreage, but some land acquisition may need to be initiated sooner, in order to keep up with future growth and allow for park development timeframes. PARK DEVELOPMENT STANDARDS Park development shall follow the most recent version of the Park Development Standards. See Section 7 for a complete copy. 16-Apr-24 DETACHED SINGLE FAMILY 2 BDRM 0.102 0.191 0.054 0.057 1.694 2.098 3 BDRM 0.254 0.44 0.126 0.179 1.921 2.92 4 BDRM 0.413 0.665 0.19 0.34 2.142 3.75 5 BDRM 0.236 0.488 0.139 0.249 2.637 3.749 ATTACHED SINGLE FAMILY (TOWNHOMES & DUPLEXES) 1 BDRM 0 0.064 0.018 0.037 1.068 1.187 2 BDRM 0.092 0.198 0.056 0.074 1.776 2.196 3 BDRM 0.231 0.298 0.085 0.103 1.805 2.522 4 BDRM 0.332 0.452 0.13 0.205 2.243 3.362 APARTMENTS Efficiency 0 0.064 0.018 0.037 1.36 1.479 1 BDRM 0 0.64 0.18 0.038 1.749 1.869 2BDRM 0.042 0.16 0.045 0.079 1.614 1.94 3BDRM 0.05 0.339 0.096 0.153 2.499 3.137 =100 =20 =50 =0 =170 2 BDRM 0%0 0 0 0 0 0 3 BDRM 0%0 0 0 0 0 0 4 BDRM 100%41.3 66.5 19 34 214.2 375 5 BDRM 0%0 0 0 0 0 0 TOTAL 100%41.3 66.5 19 34 214.2 375 1 BDRM 0%0 0 0 0 0 0 2 BDRM 50%0.92 1.98 0.56 0.74 17.76 21.96 3 BDRM 50%2.31 2.98 0.85 1.03 18.05 25.22 4 BDRM 0%0 0 0 0 0 0 TOTAL 100%3.23 4.96 1.41 1.77 35.81 47.18 BDRM 1 0%0 0 0 0 0 0 BDRM 2 100%4.6 9.9 2.8 3.7 88.8 109.8 BDRM 3 0%0 0 0 0 0 0 BDRM 4 0%0 0 0 0 0 0 TOTAL 100%4.6 9.9 2.8 3.7 88.8 109.8 0 Efficiency 0%0 0 0 0 0 0 BDRM 1 0%0 0 0 0 0 0 BDRM 2 100%0 0 0 0 0 0 BDRM 3 0%0 0 0 0 0 0 TOTAL 100%0 0 0 0 0 0 United City of Yorkville Land Cash Analysis for Sample Development (1996-3 Ordinance) ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENT JHS HS ADULTS TOTAL DEVELOPMENT SPECIFICATIONS Detached Single Family Attached Duplex Attached Townhomes Attached Apartments Total Units POPULATION CALCULATIONS TYPE % of Units with BDRM Number PRE-SCHOOL ELEMENTARY JUNIOR HIGH SCHOOL HIGH SCHOOL ADULTS TOTAL PE DETACHED SINGLE FAMILY ATTACHED DUPLEX ATTACHED TOWNHOMES APARTMENTS 3.750 acres 0.472 acres 1.098 acres 0.000 acres 5.320 ACRES 5.320 acres 0 acres 5.320 ACRES 5.320 acres $101,000 per acre $537,320 $0 $537,320 Single Family PE 375 Duplex PE 47.18 Townhomes PE 109.8 Apartments PE 0 $3,787.64 Duplex Permit:$2,382.68 $2,218.04 Apartments Permit:N / A 2.431 acres 0.185 acres 0.704 acres 0.052 acres 2.841 acres 0.148 acres 5.976 ACRES TOTAL 0.385 ACRES 0.327 acres 0.000 acres 0.104 acres 0.000 acres 0.309 acres 0.000 acres TOTAL 0.740 ACRES TOTAL 0.000 ACRES 7.100 ACRES 7.100 acres 0 acres 7.100 ACRES 7.100 acres $101,000 per acre $717,125.92 $0 $717,126 $5,055.12 Duplex Permit:$3,180.01 $2,960.28 Apartments Permit:N / A PARKS CALCULATION Land required for detached single family + Land requirement for attached duplexes + Land required for attached townhomes' + Land required for apartments TOTAL PARK LAND-CASH REQUIREMENT FOR DEVELOPMENT Total park land-cash requirement for development - Park acreage dedicated REMAINING UNFULFILLED LAND-CASH REQUIREMENT Remaining unfulfilling land-cash requirement x Current land-cash acreage value REMAINING LAND-CASH REQUIREMENT LAND VALUE What amount (if any) will be paid up front by the developer? REVISED PARK LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: Unit PE as % of Total PE 70% 9% 21% 0% Single Family Permit: Townhomes Permit: SCHOOL COMPUTATION DETACHED SINGLE FAMILY ACRE REQUIREMENT ATTACHED DUPLEX ACRE REQUIREMENT Elementary Elementary + Junior HS + Junior HS + High School + High School TOTAL ATTACHED TOWNHOMES ACRE REQUIREMENT APARTMENTS ACRE REQUIREMENT x Current land-cash acreage value Elementary Elementary + Junior HS + Junior HS + High School + High School Townhomes Permit: REMAINING LAND CASH REQUIREMENT VALUE What amount (if any) will be paid up front by the developer? REVISED LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: Single Family Permit: TOTAL SCHOOL LAND-CASH ACREAGE REQUIRED: Total school land-cash acreage required - School acreage dedicated REMAINING SCHOOL LAND CASH REQUIREMENT Remaining school land-cash requirement 16-Apr-24 DETACHED SINGLE FAMILY 2 BDRM 0.113 0.136 0.048 0.020 1.700 2.017 3 BDRM 0.292 0.369 0.173 0.184 1.881 2.899 4 BDRM 0.418 0.530 0.298 0.360 2.158 3.764 5 BDRM 0.283 0.345 0.248 0.300 2.594 3.770 ATTACHED SINGLE FAMILY (TOWNHOMES & DUPLEXES) 1 BDRM 0.000 0.000 0.000 0.000 1.193 1.193 2 BDRM 0.064 0.088 0.048 0.038 1.752 1.990 3 BDRM 0.212 0.234 0.058 0.059 1.829 2.392 4 BDRM 0.323 0.322 0.154 0.173 2.173 3.145 Efficiency 0.000 0 0 0 1.294 1.294 1 BDRM 0.000 0.002 0.001 0.001 1.754 1.758 2BDRM 0.047 0.086 0.042 0.046 1.693 1.914 3BDRM 0.052 0.234 0.123 0.118 2.526 3.053 =100 =20 =50 =0 =170 2 BDRM 0%0 0 0 0 0 0 3 BDRM 0%0 0 0 0 0 0 4 BDRM 100%41.8 53 29.8 36 215.8 376.4 5 BDRM 0%0 0 0 0 0 0 TOTAL 100%41.8 53 29.8 36 215.8 376.4 1 BDRM 0%0 0 0 0 0 0 2 BDRM 50%0.64 0.88 0.48 0.38 17.52 19.9 3 BDRM 50%2.12 2.34 0.58 0.59 18.29 23.92 4 BDRM 0%0 0 0 0 0 0 TOTAL 100%2.76 3.22 1.06 0.97 35.81 43.82 BDRM 1 0%0 0 0 0 0 0 BDRM 2 100%3.2 4.4 2.4 1.9 87.6 99.5 BDRM 3 0%0 0 0 0 0 0 BDRM 4 0%0 0 0 0 0 0 TOTAL 100%3.2 4.4 2.4 1.9 87.6 99.5 0 Efficiency 0%0 0 0 0 0 0 BDRM 1 0%0 0 0 0 0 0 BDRM 2 100%0 0 0 0 0 0 BDRM 3 0%0 0 0 0 0 0 TOTAL 100%0 0 0 0 0 0 United City of Yorkville Land Cash Analysis for Sample Development Per UDO Table 10-7-9(D) ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENTARY JHS HS ADULTS TOTAL APARTMENTS (MULTI-FAMILY) DEVELOPMENT SPECIFICATIONS Detached Single Family Attached Duplex Attached Townhomes Attached Apartments Total Units POPULATION CALCULATIONS TYPE % of Units with BDRM Number PRE-SCHOOL ELEMENTARY JUNIOR HIGH SCHOOL HIGH SCHOOL ADULTS TOTAL PE DETACHED SINGLE FAMILY ATTACHED DUPLEX ATTACHED TOWNHOMES APARTMENTS 2.070 acres 0.241 acres 0.547 acres 0.000 acres 2.858 ACRES 2.858 acres 0 acres 2.858 ACRES 2.858 acres $101,000 per acre $288,658 $0 $288,658 Single Family PE 376.4 Duplex PE 43.82 Townhomes PE 99.5 Apartments PE 0 $2,090.57 Duplex Permit:$1,216.90 $1,105.27 Apartments Permit:N / A 1.738 acres 0.110 acres 0.629 acres 0.022 acres 0.751 acres 0.020 acres 3.118 ACRES TOTAL 0.152 ACRES 0.139 acres 0.000 acres 0.051 acres 0.000 acres 0.040 acres 0.000 acres TOTAL 0.230 ACRES TOTAL 0.000 ACRES 3.500 ACRES 3.500 acres 0 acres 3.500 ACRES 3.500 acres $101,000 per acre $353,532.54 $0 $353,533 $2,560.41 Duplex Permit:$1,490.40 $1,353.67 Apartments Permit:N / A PARKS CALCULATION Land required for detached single family + Land requirement for attached duplexes + Land required for attached townhomes' + Land required for apartments TOTAL PARK LAND-CASH REQUIREMENT FOR DEVELOPMENT Total park land-cash requirement for development - Park acreage dedicated REMAINING UNFULFILLED LAND-CASH REQUIREMENT Remaining unfulfilling land-cash requirement x Current land-cash acreage value REMAINING LAND-CASH REQUIREMENT LAND VALUE What amount (if any) will be paid up front by the developer? REVISED PARK LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: Unit PE as % of Total PE 72% 8% 19% 0% Single Family Permit: Townhomes Permit: SCHOOL COMPUTATION DETACHED SINGLE FAMILY ACRE REQUIREMENT ATTACHED DUPLEX ACRE REQUIREMENT Elementary Elementary + Junior HS + Junior HS + High School + High School TOTAL ATTACHED TOWNHOMES ACRE REQUIREMENT APARTMENTS ACRE REQUIREMENT x Current land-cash acreage value Elementary Elementary + Junior HS + Junior HS + High School + High School REMAINING LAND CASH REQUIREMENT VALUE What amount (if any) will be paid up front by the developer? REVISED LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: Single Family Permit: Townhomes Permit: TOTAL SCHOOL LAND-CASH ACREAGE REQUIRED: Total school land-cash acreage required - School acreage dedicated REMAINING SCHOOL LAND CASH REQUIREMENT Remaining school land-cash requirement Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):1 Column Run Date(s):Friday, April 19, 2024 Zone:Full Run Color Spec.B/W Preview Order ID:7621081 Page 2 of 2 4/17/2024 9:29:40 AMPrinted: GROSS PRICE * :$140.86 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #11 Tracking Number CC 2021-04 City Buildings Updates City Council – May 14, 2024 None Informational Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #12 Tracking Number CC 2021-38 Water Study Update City Council – May 14, 2024 None Informational Bart Olson Administration Name Department