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City Council Packet 2010 07-13-10 o United City of Yorkville 800 Game Farm Road E$ h\ 1836 Yorkville, Illinois 60560 4 ® Telephone: 630-553 -4350 Fax: 630-553 -7575 <4E 1V� AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, July 13, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates : Public Works Committee Meeting: 6:00 p.m., July 20, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., August 3, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., August 19, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., July 22, 2010 City Hall Conference Room Presentations: 1 . Library Director's Report City Council Meeting Agenda July 13, 2010 Page 2 Public Hearings: Citizen Comments: Consent Agenda: 1 . ADM 2010-40 Ordinance Amending the Code of Ordinances Providing for Deputy Police Chiefs — authorize Mayor and City Clerk to execute 2. ADM 2010-41 Resolution Establishing a Policy for Taking Home City Vehicles - authorize Mayor and City Clerk to execute 3 . ADM 2010-37 Ordinance Amending and Restating the Governing Ordinance of the Mayor and City Council of the United City of Yorkville - authorize Mayor and City Clerk to execute 4. PC 2010-07 Ordinance Amending the Zoning Code of Ordinances Regarding Alcohol Manufacturing and Microbreweries - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — May 11 , 2010 and May 25, 2010 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 2,295.00 (vendors FY 09/10) $ 1 ,287,770.86 (vendors FY 10/11 ) $ 6,906.79 (payroll period ending 5/31 /10) $ 241,470.24 (payroll period ending 6/19/10) $ 238,680.32 (payroll period ending 7/3/10) $ 1 ,777, 123 .21 (total) Reports: Mayor's Report: 1 . CC 2010-56 Appointment of Budget Officer 2. CC 2010-57 Resolution Approving Authorized Agent of the United City of Yorkville to the Illinois Municipal Retirement Fund 3 . CC 2010-58 Unpaid Discretionary Leave for a Certain Employee City Council Report: City Attorney's Report: City Clerk's Report: City Council Meeting Agenda July 13 , 2010 Page 3 Reports (cont'd): City Treasurer's Report: City Administrator' s Report: Finance Director' s Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . PW 2010-44 Resolution Regarding Night-Time Work for Reconstruction of Illinois Route 47 — Second Reading 2. PW 2010-38 Punch List Processes Economic Development Committee Report: 1 . No report. Public Safety Committee Report: 1 . PS 2010- 15 Ordinance Amending the Code of Ordinances Regulating On-Street Parking (Hayden Drive and Alan Dale Lane) Administration Committee Report: 1 . No report. Additional Business: Executive Session: 1 . For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda July 13, 2010 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES jPUBLIC WORKS. - -- -- - ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling -- ECONOMIC DEVELOPMENT' —----------------------------------------------------------------—----------------------------------------------——-——-—---------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff --------------------- UBLIC SAFETVj _ ---- Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher I------------------------------------------ N ADMINISTRATIO ee - ----------------------------- - - - -------------------------------------------- iaisoons ns- - - - - --- ------ Committ Departments L Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, July 13, 2010 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: PRESENTATIONS : 1 . Library Director's Report CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: 1 . ADM 2010-40 Ordinance Amending the Code of Ordinances Providing for Deputy Police Chiefs ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 2. ADM 2010-41 Resolution Establishing a Policy for Taking Home City Vehicles ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3 . ADM 2010-37 Ordinance Amending and Restating the Governing Ordinance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 4. PC 2010-07 Ordinance Amending the Zoning Code of Ordinances Regarding Alcohol Manufacturing and Microbreweries ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: 1 . City Council — May 11 , 2010 2. City Council — May 25, 2010 ❑ Approved ❑ Approved ❑ As presented ❑ As presented ❑ As amended ❑ As amended ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes -----------------------------------------------------------------------------------------------------------------------7----------------- MAYOR's REPORT: 1 . CC 2010-56 Appointment of Budget Officer ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2010-57 Resolution Approving Authorized Agent of the United City of Yorkville to the Illinois Municipal Retirement Fund ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2010-58 Unpaid Discretionary Leave for a Certain Employee ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes REPORTS : ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ---------------------------- ---------------------------------------- - -------------------------- 1 . PW 2010-44 Resolution Regarding Night-Time Work for Reconstruction of Illinois Route 47 — 2"d Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes 2. PW 2010-38 Punch List Processes ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: 1 . PS 2010- 15 Ordinance Amending the Code of Ordinances Regulating On-Street Parking (Hayden Drive and Alan Dale Lane) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- `QED C/py Reviewed By: Agenda Item Number J� On Legal ❑ EST. 1836 Finance F-1 Engineer ❑ Tracking Number City Administrator ❑ op "�O Consultant ❑ Chief of Police ADM 2010-40 CECW��'`s ■ Agenda Item Summary Memo Title: Ordinance Providing for Deputy Police Chiefs Meeting and Date: City Council 7/13/10 Synopsis: Request to amend code of ordinances to create the rank of Deputy Chief to be appointed by the Chief of Police. The current Lieutenants would be appointed as Deputy Chiefs and the rank of Lieutenant would no longer exist. There is no cost or salary changes in the conversion from Lieutenant to Deputy Chief. See memo. Council Action Previously Taken: Date of Action: Admin 6/17/10 Action Taken: Moved forward to City Council. Item Number: ADM 2010-40 Type of Vote Required: Majority Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: �Q0 C01., 0 Yorkville Police Department Memorandum , 804 Game Farm Road EST Yorkville, Illinois 60560 -�� Telephone : 630-553 -4340 q al Fax : 630-553- 1141 `<kE Date : May 14 , 2010 To : Mayor Valerie Burd From : Chief Rich Hart Reference : Deputy Chiefs This memo is the result of several discussions held regarding the "conversion " of the Lieutenants in the Police Department to Deputy Chief. The position of Deputy Chief would be determined at the discretion of the Chief of Police . Currently the chain of command in the Police Department is composed of a Police Chief, 2 Lieutenants followed by Sergeants and Patrol Officers . All positions except for the Police Chief are chosen from a list under a process managed by the Yorkville Board of Fire and Police Commissioners, a creation of state statute , the members of which are chosen by the Mayor. The promotional lists for lieutenant and sergeant last for 3 years, our current lists expire October 15 , 2011 . In 2005 , state statutes were changed to allow non - home rule municipalities to create the position of Deputy Police Chief (an exempt rank, not a civil service rank) as follows : Notwithstanding any other provision of this Section , a non - home rule municipality of 130 , 000 or fewer inhabitants, through its council or board of trustees, may, by ordinance , provide for a position of deputy chief to be appointed by the chief of the police department. The ordinance shall provide for no more than one deputy chief position if the police department has fewer than 25 full -time police officers and for no more than 2 deputy chief positions if the police department has 25 or more full -time police officers . The deputy chief position shall be an exempt rank immediately below that of Chief. The deputy chief may be appointed from any rank of sworn , full -time officers of the municipality's police department, but must have at least 5 years of full -time service as a police officer in that department. A deputy chief shall serve at the discretion of the Chief and , if removed from the position , shall revert to the rank currently held , without regard as to whether a vacancy exists in that rank. A deputy chief of police , having been appointed from any rank of sworn full -time officers of that municipality 's police department, shall be permitted , regardless of rank, to take promotional exams and be promoted to a higher classified rank than he currently holds, without having to resign as deputy chief of police . The reason for the enactment was to provide municipalities with more flexibility in the appointment of second level managers . Being immediately below the Police Chief, it is imperative that, beyond the ability to be good managers and role models, the officers in these positions must share the philosophy of whoever may be the Police Chief at any given time . Thus, the Police Chief should have the ability to pick his top management, rather than be told who they will be or inherit them as a result of a civil service test ( Le . Lieutenant) , which is the current practice . Additionally, no demotion procedure currently exists for civil service positions ( Lieutenant, Sergeant) ; the only option is to either keep a person in the position or move for complete termination as an employee . The state statute specifically provides that upon removal from the position of Deputy Chief, an officer reverts to the rank previously held , thus not subjecting an officer to loss of a career because of a change in chiefs . The police officer vocation is not particularly portable . Thus, creating and using exempt rank positions allows for both a reasonable selection as well as removal/replacement procedure . Civil service exists to protect people from arbitrary and/or political promotions, demotions and terminations, and the testing process serves to ensure that the appropriate skills are considered in making promotional decisions . However, I believe there are flaws . First, I believe that any department head has to have the flexibility to choose his next in command . I believe that the usual testing process simply cannot measure the intangibles that make for good leaders and managers . A police chief needs to be able to implicitly trust seconds in command and the flexibility to pick and choose enables him or her to find the right fit. In Yorkville, the second in command position is the only position that is not in a collective bargaining unit; they along with the chief are " management" for those important relationships . When the Chief is out of town , someone is placed in care of the entire community relative to public safety, and the choice of that person has to be judged by every single circumstance a Chief believes is relevant. It may be said that this action takes away a career step for officers, I don 't agree . The deputy chiefs have to come from the ranks so there will still be upward movement in the department . The statute also requires a minimum of 5 years service as a full -time police officer in the Yorkville Police Department, and allows all ranks to be considered , so in one sense it actually opens career paths . If the Council were to approve this move, the current Lieutenants would be appointed as the Deputy Chiefs ; we would eliminate the position of Lieutenant altogether. The timing of this request is not related to the budget, and it will have no impact at this time, except that we may save some money from deleting the expense of written testing currently scheduled for 2011 . The current lieutenants list expires on October 15th of 2011 , and the testing process usually begins with the Board of Fire and Police Commissioners notifying potential candidates of the materials which they can use to study for the written examination ( allowing 90 to 120 days notice for the reading list) . It would be a waste of time and be somewhat misleading not to have the conversation now before that time arrives and people become invested in a process that may not be completed . I met with Bob Johnson , the chairman of the Board of Fire and Police Commissioners and discussed the matter. He declined to offer an official opinion , as he believes his role is to follow the law , and since the state law provides for this position he supports whatever the Mayor and Council feel is best for the community . The process by which this would happen is as follows : 1 . The City Council would pass the Ordinance attached which deletes the Lieutenants position from the City Code and adds the Deputy Police Chief positions . 2 . I would appoint Lieutenants Schwartzkopf and Delaney as Deputy Police Chiefs and the Mayor would swear them in . Please contact me with any questions or comments . Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR DEPUTY POLICE CHIEFS BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 2, Article 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 1 in its entirety and replacing it with the following: 2-7-1 : CREATION: A Board of Fire and Police Commissioners is hereby created to manage the affairs of the municipal police department of Yorkville, to provide rule making for the operation of said department, to assume all duties of hiring, discipline, retirement regulation and the like for the successful operation of the Yorkville municipal police department. The Chief of Police will remain a position appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board of Fire and Police Commissioners. The Deputy Police Chiefs shall be appointed by the Chief of Police and will not be hired or disciplined by the Board of Fire and Police Commissioners. Section 2. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 1 in its entirety and replacing it with the following: 5-1-1 : CREATION OF THE DEPARTMENT AND COMPOSITION: A. There is hereby created a Police Department, referred to in this Chapter as the "Department." The Department shall consist of a Chief of Police. Further, it shall consist of two (2) Deputy Chiefs, and such number of Sergeants and Patrol Officers as may from time to time be provided by the Mayor, with the advice and consent of the City Council, and as budged for by the City Council. B . The Deputy Chiefs may be appointed from any rank of sworn, full-time officers of the Department, but must have at least five (5) years of full-time service as a police officer in the Department. A Deputy Chief shall serve at the discretion of the Chief of Police and, if removed from the position, shall revert to the rank previously held, without regard as to whether a vacancy exists in that rank. A Deputy Chief, having been appointed from any rank of sworn full-time officers, shall be permitted, regardless of rank, to take promotional exams and be promoted to a higher classified rank than he currently holds, without having to resign as Deputy Chief. Section 3. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 2 in its entirety and replacing it with the following: 5-1-2 : RANK OF OFFICERS : The Chief of Police shall be the head of the Department and shall have command and supervision over all officers and members thereof. Following him in rank shall be the Deputy Chiefs, Lieutenants (in the event there are any pursuant to Subsection l ), Sergeants, and Patrol Officers, respectively, in order of seniority in each group. Section 4. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 3 in its entirety and replacing it with the following: 5-1-3: DEPARTMENT MEMBERS : A. All full-time paid members of the Department, with the exception of the Chief and Deputy Chiefs, shall be considered to be members of the classified service and shall be commissioned, promoted, and removed by the Board of Fire and Police Commissioners of the classified service. B. Commissions and Promotions: Commissions of members to and promotions within the Department, other than the Chief of Police and Deputy Police Chiefs, shall be made by the Board of Fire and Police Commissioners, as provided by statute. Appointments of members to and removal of members from the position of Deputy Police Chief shall be made by the Chief of Police, as provided by statute. C. Discharges: No member of the classified service shall be discharged from the Department except after a hearing on the charges before the Board of Fire and Police Commissioners, as provided by statute, provided that this Section shall not be construed as affecting the power of the Mayor to appoint and remove the Chief of Police with the advice and consent of the City Council. Section 5. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. Section 6. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 7. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 3 eD C/ry Reviewed By: Agenda Item Number � d J 00 Legal ❑ -if a EST. 1836 Finance ❑ Engineer ❑ -�` g Tracking Number City Administrator ■ Consultant El ADM 2010-41 ❑ ttE Agenda Item Summary Memo Title: Take-Home Vehicle Policy Meeting and Date: City Council 7/13/10 Synopsis: Council Action Previously Taken: Date of Action: Admin 6/17/10 Action Taken: Moved forward to City Council. Item Number: ADM 2010-41 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OFKENDALL ) RESOLUTION NO. 2010- RESOLUTION ESTABLISHING A POLICY FOR TAKING HOME CITY OWNED VEHICLES WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning certain employees taking home city owned vehicles, and WHEREAS, the City Council understands that certain employees remain "on-call' during non-regular business hours, and WHEREAS, the City Council has determined that it desires to establish a policy allowing certain employees to take home city vehicles, subject to the following guidelines: 1 . The decision to allow an employee to take home a city owned vehicle is subject to approval of the department head. 2. No city owned vehicle may be taken home past 10 miles of city limits. NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that the Policy for Taking Home City Owned Vehicles is hereby approved. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLEJSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2010. MAYOR ♦�t�D C/P Reviewed By: Agenda Item Number J= T Legal ❑ Finance EST � _ �`,. 1836 ❑ Engineer ❑ -�` g Tracking Number L® i11 y City Administrator ■ '�O Consultant ❑ ADM 2010-37 El Agenda Item Summary Memo Title: Governing Ordinance Amendment Meeting and Date: City Council 7/13/10 Synopsis: Amendment to address public hearings and vote on application being held on the same night. Council Action Previously Taken: Date of Action: Admin 6/17/10 Action Taken: Moved forward to City Council. Item Number: ADM 2010-37 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: Red-line version attached. See page 5 for proposed revision. RED-LINE VERSION STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2010- AN ORDINANCE AMENDING AND RESTATING THE GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKATILLE,KENDALL COUNTY, ILLINOIS WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133, on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July 24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, on April 22, 2008 as Ordinance 2008-27, on June 24, 2008, as Ordinance 2008-58A, on September 23, 2008, as Ordinance 2008-84, on March 24, 2009 as Ordinance 2009-16, on May 12, 2009 as Ordinance 2009-27, and on January 12, 2010 as Ordinance 2010-06, and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the lull text of the Governing Ordinance of the United City of Yorkville; and, WHEREAS, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and, l WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and WHEREAS, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and, WHEREAS, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and, WHEREAS, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the following shall constitute the Governing Ordinance for the United City of Yorkville: 2 Governing Ordinance,United City of Yorkville Addressing: Ethical Standards —Elected Officials' Duties and Responsibilities, Meeting Standards and Committee Structure 1. Ethical Standards—Elected Officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall, when representing the City, act and dress in a manner appropriate for the function. L. Shall refrain from using city computers, the city server, etc. for political purposes. Elected officials are subject to the same rules of behavior that apply to Council 3 meetings, including refraining from making personal attacks against their fellow Council members, or defaming them in any way. The server and computers are to be used to disseminate information, not political propaganda. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to, act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILLS 513.1-35-10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. 4 III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 41` Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 12012.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final fonn to the Corporate Authorities at least four days prior to the vote. ELF.No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. F-.G.All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G-H.The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. 5 Aldermen A. Shall have the right to place an item on any committee meeting agenda for discussion. Shall have the right to place an item on any Council meeting agenda with the consent of three (3) aldermen. Shall have the right to vote to suspend the rules of order (regarding the order of discussion) to provide for an open discussion. B. Shall,before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. C. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10°' Edition) page 189, Section 16) D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10th Edition) page 247, Section 24) E. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time. (65 ILCS 3.1-40-15) F. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. G. Shall, during a meeting,have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. H. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. I. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10'h Edition) page 41, line 31) J. May, before voting, participate in a special meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. 6 K. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tem Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. E. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. F. Shall insure that any information he makes available to aldennen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 513.1-40-30) IV. 7 The Standing Committees of the City Council. I. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. 11, The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Mayor is a non-voting member of each committee, 111. Shall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: A. For the Public Works, Public Safety, Administration, and Economic Development committees: after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior alderman, and so on. In the same order in which chairmanships and vice- chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairman pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman shall be placed in the group of four "non- chaired" alderman that will select a vice-chair role in a committee. Subsequently, the most senior alderman of the "non-chaired" group shall be allowed to retain a committee chair for a consecutive year, but will select last in the group of aldermen who are selecting the committee chairs for the upcoming term. In the event there is more than one incumbent alderman allowed to serve consecutive committee chairs, those aldermen shall select committee chairs in order according to seniority, but after the group of alderman who have not served-consecutive committee chairs have selected. ii. Should there be a vacancy in the office of an alderperson, the alderperson appointed to such vacancy shall take the committee position held by his or her predecessor; provided, however, if the 8 position of said predecessor was that of committee chair, the vice chair of the committee shall assume the office of "acting chair" and the new alderperson shall become the vice-chair. The acting chair shall complete the term of the chair which was vacated and retain eligibility for a committee chairmanship for the next succeeding term. IV. Shall control the movement of items from committee agendas to City Council agendas. Items may not move out of committee but for a vote of approval by a majority of the quorum present. When passing items out of committee, where the committee reasonably believes that if the items are approved by the City Council, the impacts of that approval could significantly impact many residents, the item should first be listed on the City Council agenda under the committee report section and listed as being for first reading. The City Council at its discretion may waive a first reading if they deem it desirable. Items for first reading are intended to give notice to the public that a substantial change is being contemplated and the City Council will be taking input and considering the item at their next scheduled City Council meeting. For items forwarded to the City Council which are not expected to have as significant an impact should be recommended for placement on the consent agenda. Items for first reading do not literally have to be read into the record at the city council meeting, placement on agenda is sufficient. When an item is listed for first reading the chairman should explain the item being proposed and that the City Council is seeking input from the public to aid them in the decision making process. V. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development: Kendall County Plan Commission, Plan Commission, Yorkville Econ. Dev. Corp. Public Safety: Human Resources Commission, School District Administration: Library V. Cancellation of a Meeting: A. Regularly scheduled City Council Meetings or Special Meetings called by the Mayor may be cancelled by the Mayor if advised that a quorum shall not be in 9 attendance or there is not a quorum of the members present at the regularly scheduled meeting. B. Special Meetings called by three (3) aldermen may be cancelled by two (2) of the three (3) aldermen that called the meeting if there is not a quorum of the members present or for any other reason. C. Committee Meetings may be cancelled by the Chairman of the committee if there is not a quorum of the members present. D. Cancellation of any of the meetings referenced in this Section requires notice by the person canceling the meeting to the City Clerk, all scheduled attendees, and all news media that has filed an annual request with the City Clerk. E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but permits discussion solely of agenda items so long as no prior notice of cancellation has been issued. 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 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. Mayor Attest: City Clerk 10 COPY STATE OF ILLINOIS ) CLEAN ss. COUNTY OF KENDALL ) Ordinance No. 2010- AN ORDINANCE AMENDING AND RESTATING THE GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133 , on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July 24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, on April 22, 2008 as Ordinance 2008-27, on June 24, 2008, as Ordinance 2008-58A, on September 23, 2008, as Ordinance 2008-84, on March 24, 2009 as Ordinance 2009- 16, on May 12, 2009 as Ordinance 2009-27, and on January 12, 2010 as Ordinance 2010-06, and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and, WHEREAS, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and, 1 WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and WHEREAS, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and, WHEREAS, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and, WHEREAS, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the following shall constitute the Governing Ordinance for the United City of Yorkville: 2 Governing Ordinance, United City of Yorkville Addressing: Ethical Standards — Elected Officials' Duties and Responsibilities, Meeting Standards and Committee Structure I. Ethical Standards — Elected Officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one' s constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any .financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall, when representing the City, act and dress in a manner appropriate for the function. L. Shall refrain from using city computers, the city server, etc. for political purposes. Elected officials are subject to the same rules of behavior that apply to Council 3 meetings, including refraining from making personal attacks against their fellow Council members, or defaming them in any way. The server and computers are to be used to disseminate information, not political propaganda. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville; and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCS 5/3 . 1 -35- 10) B . Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. 4 III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 4`h Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1 ) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. G. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. H. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. 5 Aldermen A. Shall have the right to place an item on any committee meeting agenda for discussion. Shall have the right to place an item on any Council meeting agenda with the consent of three (3) aldermen. Shall have the right to vote to suspend the rules of order (regarding the order of discussion) to provide for an open discussion. B. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. C. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10th Edition) page 189, Section 16) D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor' s ruling. (Roberts Rules (RONR (10th Edition) page 247, Section 24) E. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3 . 1 -40- 15) F. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. G. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. H. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. I. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10°i Edition) page 41 , line 31) J. May, before voting, participate in a special meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. K. Shall elect from one of the Aldermen as Mayor Pro Tern pursuant to the Mayor Pro Tern Policy of the United City of Yorkville, attached hereto. 6 Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B . Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. E. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. F. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward' s two aldermen. G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3 . 1 -40-30) IV, The Standing Committees of the City Council: 7 I. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. II. The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. III. Shall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: A. For the Public Works, Public Safety, Administration, and Economic Development committees: after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior alderman, and so on. In the same order in which chairmanships and vice- chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairman pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman shall be placed in the group of four "non- chaired" alderman that will select a vice-chair role in a committee. Subsequently, the most senior alderman of the "non-chaired" group shall be allowed to retain a committee chair for a consecutive year, but will select last in the group of aldermen who are selecting the committee chairs for the upcoming term. In the event there is more than one incumbent alderman allowed to serve consecutive committee chairs, those aldermen shall select committee chairs in order according to seniority, but after the group of alderman who have not served-consecutive committee chairs have selected. ii. Should there be a vacancy in the office of an alderperson, the alderperson appointed to such vacancy shall take the committee position held by his or her predecessor; provided, however, if the position of said predecessor was that of committee chair, the vice chair of the committee shall assume the office of "acting chair" and the new alderperson shall become the vice-chair. The acting 8 chair shall complete the term of the chair which was vacated and retain eligibility for a committee chairmanship for the next succeeding term. IV. Shall control the movement of items from committee agendas to City Council agendas. Items may not move out of committee but for a vote of approval by a majority of the quorum present. When passing items out of committee, where the committee reasonably believes that if the items are approved by the City Council, the impacts of that approval could significantly impact many residents, the item should first be listed on the City Council agenda under the committee report section and listed as being for first reading. The City Council at its discretion may waive a first reading if they deem it desirable. Items for first reading are intended to give notice to the public that a substantial change is being contemplated and the City Council will be taking input and considering the item at their next scheduled City Council meeting. For items forwarded to the City Council which are not expected to have as significant an impact should be recommended for placement on the consent agenda. Items for first reading do not literally have to be read into the record at the city council meeting, placement on agenda is sufficient. When an item is listed for first reading the chairman should explain the item being proposed and that the City Council is seeking input from the public to aid them in the decision making process. V. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development: Kendall County Plan Commission, Plan Commission, Yorkville Econ. Dev. Corp. Public Safety: Human Resources Commission, School District Administration: Library V. Cancellation of a Meeting. A. Regularly scheduled City Council Meetings or Special Meetings called by the Mayor may be cancelled by the Mayor if advised that a quorum shall not be in attendance or there is not a quorum of the members present at the regularly scheduled meeting. 9 B. Special Meetings called by three (3) aldermen may be cancelled by two (2) of the three (3) aldermen that called the meeting if there is not a quorum of the members present or for any other reason. C. Committee Meetings may be cancelled by the Chairman of the committee if there is not a quorum of the members present. D. Cancellation of any of the meetings referenced in this Section requires notice by the person canceling the meeting to the City Clerk, all scheduled attendees, and all news media that has filed an annual request with the City Clerk. E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but permits discussion solely of agenda items so long as no prior notice of cancellation has been issued. 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 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. Mayor Attest: City Clerk 10 Reviewed By: Agenda Item Number J� O� Legal ❑ Finance ❑ EST 1836 Engineer ❑ Tracking Number City Administrator � a�- ` O Consultant ❑ PC 2010-07 rcedmcaar �� <LE ��'� F-1 Agenda Item Summary Memo Title: Text Amendment to allow alcohol production in M- 1 and Microbreweries in B-Districts Meeting and Date: City Council / July 13 , 2010 Synopsis: Recommendation of Plan Commission regarding the requested Text Amendment Council Action Previously Taken: Date of Action: June 9, 2010 Action Taken: Public Hearing Item Number: PC 2010-07 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memo, draft ordinance and other supporting documents. �,��VD CIP Memorandum r o To: City Council EST. , - . 1836 From: Krysti J . Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: July 9, 2010 Subject: Text Amendment to allow alcohol production as a permitted <<E ti use in the M-1 Limited Manufacturing District & Microbreweries as Special Uses in the Business Districts. Background & Request: On March 2, 2010, the Economic Development Committee (EDC) referred a request to the Plan Commission for a text amendment to allow for the manufacturing of alcoholic beverages as a permitted use within the M- 1 Limited Manufacturing District. The request also proposed to define and identify "microbreweries" as permitted Special Uses with the City's business districts. Plan Commission Action: The Plan Commission reviewed the requested text amendment at a public hearing held on June 9, 2010 and made the following action: Motion to recommend approval of the text amendment subject to the following conditions: 1 . Amend Title 10-8A- 1 to identify the manufacturing of "Beverages - alcoholic" as a permitted use in the M- 1 Manufacturing District. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definition: Alcoholic Beverage: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. 3 . Require a limitation in the amount of alcoholic beverages produced by any one manufacturer to a maximum of 15,000 barrels (465,000 gallons) per calendar year. 4. Amend Title 10-7B to identify "nrierobreweries/brew pubs" as an allowed Special Use within the B-1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. 5. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Microbrewery or Brew Pub: A restaurant-brewery that brews beer primarily for sale in the restaurant and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 15, 000 barrels per calendar year (465, 000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31) gallons. 6. Permit off-premise consumption, and require all sales be in a hand-capped, sealed container with a total maximum production of 15,000 barrels per calendar year inclusive of on-premise and off-premise sales. 1 Action Item: Crouch-yes, Lindblom-yes, Jones-yes, Baker-yes, Holdiman-yes, Kraupner-yes, Adams-yes; Winninger-yes 8 ayes; 0 no Staff Comments: • The Plan Commission's discussion included concerns regarding existing legacy covenants that could preclude the sale or manufacturing of alcohol on some parcels and if certain areas of Bristol Township are "dry" which would not permit the sale of alcohol. Staff has conferred with City Attorney Orr regarding the legacy covenants. If covenants do exist on any property, they would need to be reviewed on a case-by case basis, as some covenants are no longer enforceable, such as those that violate civil rights. With regards to the query about areas of Bristol Township being dry, it would not be an issue as municipal authority supersedes that of the township. • Staff has also contacted some local breweries regarding their average annual production of alcoholic beverages, and generally the yearly production ranged between 1 , 100 barrels (Rock Bottom Restaurant-Orland Park) and 19,000 barrels (Two Brothers Tap House- Warrenville). Therefore, the recommendation by the Plan Commission to limit production to 15,000 barrels per calendar year is consistent with local breweries. • The City' s Liquor Control Ordinance will need to be amended to establish a new licensing classification for brew pubs and the manufacturing of alcohol. This will be presented at an upcoming Public Safety Committee meeting and then forwarded to City Council for approval. Staff Recommendation: Staff is in favor of the proposed text amendment, per the Plan Commission' s recommendation as stated herein. For your reference, attached is a copy of a draft ordinance and staff s memorandum to the Plan Commission regarding the proposed text amendment. 2 Ordinance No. 2010- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE ZONING CODE OF ORDINANCES 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, it is in the best interests of the City that the Zoning Code of Ordinances is amended so that the City can allow and regulate the manufacturing of alcoholic beverages in the M- 1 Limited Manufacturing District, and allow and regulate microbreweries/brew pubs as a special use within business districts in order to protect the health, safety, and welfare of its citizens; and, WHEREAS, the Plan Commission convened and held a public hearing on the 9th day of June 2010, on the question of the text amendment to the Zoning Code of Ordinances; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the text amendment to the Zoning Code of Ordinances. 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. Title 10, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following definitions: ALCOHOLIC BEVERAGE: Any beverage that is the product of distillation of fermented liquids whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. BREW PUB : See definition of "microbrewery or brew pub." MICROWBREWERY OR BREW PUB: A restaurant-brewery that brews beer primarily for sale in a restaurant and is dispensed directly from the brewery' s storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One (1 ) U.S. barrel is equivalent to thirty-one (3 1 ) gallons. Section 3. Title 10, Chapter 7, Article B (B- 1 Limited Business District), Section 2, Subsection A of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following allowed special use: Microbreweries/brew pubs, where if off-premise consumption is allowed, all sales must be in a hand-capped, sealed container with a total maximum production of 15,000 barrels per calendar year inclusive of on-premise and off-premise sales. Microbrewery/brew pub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall not be more than twenty-five percent (25%) of the total floor area. Section 4. Title 10, Chapter 8, Article A (M- 1 Limited Manufacturing District), Section 1 , Subsection A of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following permitted use: Beverages — alcoholic, with a total amount produced by any one manufacturer limited to a maximum of 15,000 barrels (465,000 gallons) per calendar year. Section 5. 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. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 2 C4 Memorandum J= To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director ]EST p _. . . ,, teas CC: Bart Olson, City Administrator Date: June 4, 2010 p ® � ' \ N Subject: Text Amendment to allow alcohol production as a permitted use A° in the M-1 Limited Manufacturing District & Microbreweries as Special Uses in' the Business Districts. Background/Request: The Economic Development Committee has referred a request to amend the City's zoning ordinance to allow for the manufacturing of alcoholic beverages as a permitted use within the M- 1 Limited Manufacturing District. There is also a request to define and identify "microbreweries" as permitted Special Uses with the City' s business districts. M-1 Limited Manufacturing District: As proposed, the production and processing of alcoholic beverages would be allowed as a permitted use within the M- 1 Limited Manufacturing District. This would include the bottling and wholesale distribution of the product on the premises with delivery to retailers, restaurants or pubs but no point-of-sale purchases made to the public. Currently, the manufacturing of nonalcoholic beverages is permitted in the M- 1 District. The zoning ordinance would be amended to define an alcoholic beverage as follows: Alcoholic Beverage: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the orifin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. Staff is also proposing a limitation in the amount of alcoholic beverages produced by any one manufacturer to a maximum of 5,000 barrels ( 155,000 gallons) of alcohol per calendar year. This restriction on production is consistent with a smaller scale operation that is appropriate for the manufacturing areas in Yorkville in terms of anticipated truck traffic and storage capacity, but also ensures that a major brewing company, such as an Anheuser Busch, does not locate within the district. Since the City of Yorkville's zoning districts are cumulative, all uses permitted in the M- 1 Limited Manufacturing District is also permitted in the M-2 General Manufacturing District. There are over approximately 80 parcels within the M- 1 zoning district with a majority located in the Fox Industrial Park and the Yorkville Business Center. The attached map illustrates the M- 1 and M-2 districts within the City that may be affected by the proposed text amendment. As with any manufacturer of any alcoholic beverage, a State License from the Illinois Liquor Control Commission is required. A copy of an application for State of Illinois Manufacturer's Liquor License has been attached for your reference. Microbreweries/Brew Pubs in Business Districts: For the purposes of allowing a retail/restaurant the ability to brew alcoholic beverages on- premises for sale to patrons, staff proposes to amend the City's zoning ordinance to define and identify "microbreweries/brew pubs" as an allowed Special Use with the City's business districts which include: Definition derived from the Illinois Liquor Control Act of 1934 (235 ILCS 5/1 -3 .01 ). B- 1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. "Microbrewery or Brew Pubs" would be defined as follows: Microbrewery or Brew Pub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 5, 000 barrels per calendar year (155, 000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31) gallons. 2 Illinois State law does not have a production capacity for on-premise sales, but does cap the amount of off-premise sales to 50,000 gallons per year (approximately 1 ,600 barrels). Therefore, the Plan Commission should also consider if beer brewed on-site will only be for on-premise consumption or can it be sold directly to consumers for off-premise consumption. If off-premise consumption is permitted, staff suggests adding language that states all sales shall be in hand-capped, sealed containers and in specified quantities, for example up to one-half (1/2) barrel for off-site consumption, with a total maximum production of 5,000 barrels per calendar year inclusive of on-premise and off-premise sales. Since it is envisioned that microbreweries/brew pubs will be an ancillary use within a restaurant or eating establishment, staff proposes that the brewing component of the facility be no more than twenty-five percent (25%) of the total floor area. This will ensure that the majority of the commercial space is used for a retail/commercial purpose (and not merely as a brewery) and will generate the appropriate sales tax revenue as anticipated for uses located within the business districts of the City. Staff is recommending identifying microbrewery/brew pub uses as a Special Use in the business districts so that approval is granted on a case-by-case basis to guarantee compliance with the proposed maximum total floor area requirement for the brewery operation and production capacity. Also, all applicable hours of operation currently required for similar type retail uses that serve alcoholic beverages shall apply to mierobreweries. Other Communities: Staff has researched similar type microbrewery and brew pub establishments within local communities such as Limestone Restaurant and Brewery in Plainfield, Rock Bottom Restaurant and Brewery in Orland Park, and Two Brothers Tap House in Warrenville. The following table provides information about how each surveyed community identifies brewery-type uses, how they are classified, the zoning district they are allowed in and the maximum production of alcoholic beverages permitted, if applicable. This should serve as a guide for the Plan Commission as to how Yorkville' s proposed text amendment to allow microbreweries in the business districts might compare to nearby communities. Community Identified Permitted or Zoning District(s) Maximum Production Use(s) S ' ecial Use Allowed Allowed Brewery Permitted 1- 151-2 15,000 barrels/year Plainfield Brew Pub Permitted B- 1 , 13-3 , B-5 5,000 barrels/year Microbrewery Permitted 13- 1 , 13-3 , B-5 15,000 barrels/year Permitted & MFG-Manufacturing, Orland Park Microbrewery Special Use ORI — Mixed Use District 15,000 barrels/year Brew Pub Special Use B2 Not specified Warrenuille Micro Special Use Ml 30,000 barrels/calendar year brewery Yorkville Mcrobrewer S ecial Use B-1, B-2, B-3, B-4 5,000 barrels/calendar ear ' Definition derived from the American Brewers Association and the Illinois Liquor Control Act of 1934 (235 ILCS 5/1-3.33) Staff Recommendation Summary: I . Amend Title 10-8A- 1 to identify the manufacturing of `Beverages - alcoholic" as a permitted use in the M- 1 Manufacturing District. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definition: Alcoholic Beverage: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. 3 . Require a limitation in the amount of alcoholic beverages produced by any one manufacturer to a maximum of 5,000 barrels (155,000 gallons) per calendar year. 4. Amend Title 10-7B to identify "microbrewerieslbrew pubs" as an allowed Special Use within the B- 1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. 5 . Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Microbrewery or Brew Pub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 5, 000 barrels per calendar year (155, 000 gallons). One (1) U. S. barrel is equivalent to thirty-one (31) gallons. 6. If off-premise consumption allowed, require all sales be in hand-capped, sealed container and in a quantity up to one-half ( 1 /2) barrel {or an amount established by the Plan Commission) with a total maximum production of 5,000 barrels per calendar year inclusive of on-premise and off-premise sales. 7. Microbrewery/brew pub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility be no more than twenty-five percent (25%) of the total floor area. i r.. �� Yo kville Business Center �,crrar.00ru + � as a.r.,w• e.o� . ' P<Gere•.4.sd o Csrccr � —if �� [ 6r.L Aso 6cs�e.❑vnn �-- � — f�B 1 Gena,a Bcsn.ss�vrr.� y�-�•ti.. ^E 1 ��a.e�,.�„�,„n- '�� .rte �- ! L- •l..ti�-'_ pia .,,��,�. g+..... k� ,•' ,` . r+ 1 ' 7 f t• s � ` IL X47' TT 11, J, -J y t Fox Industrial ��1 t I 1 Park r y j �,,• + 't •rs� r yl Ir + 2 S i ��r •� I 1 —1 �� ,rte� 1 •–�.,�� r- 71 i < E r I ! P j 1 M-t &M-2 ra. ner°a.awa.ao...rpw.,.r•r..,.ra.w b 7,259 $.500 5,000 s.u.ryr.q�-we.nRrw�n...■tm..rrn.�ay.eu. •Rpwuw°b MMw4.ItiYritY IYrtMnnF.�MM�w6 d LimitedlGeneral Manufacturing Districts Feel May 2010 Use your 'Mouse' or'Tab key' to move through the fields. Illinois Liquor Control ', co Pat Quinn Commission Governor 9GQ.26.0�B�B 100 W, RANDOLPH ST, 101 W° JEFFERSON ST. SUITE 7-801 SUITE 3-525 CHICAGO, ILLINOIS 60601 : SPRINGFIELD, ILLINOIS 62702 TELEPHONE: 312-814-2206 TELEPHONE: 217-782-2136 FAX: 312-814-2241 FAX: 217-524-1911 TDD : 312=814-1844 WEB SITE: www.stateJI.us/LCC APPLICATION FOR STATE OF ILLINOIS MANUFACTURER ' S LIQUOR LICENSE DEFINITIONS: A manufacturer is every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined. To manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with an alcoholic liquor, whether for oneself or for another, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in this Act to serve drinks for consumption on the premises where sold. All containers or packages of blended alcoholic liquors shall have affixed thereto a label setting forth and stating clearly the names of all ingredients which the blended alcoholic liquors offered for sale shall contain. ❑ A. DISTILLER FEE: $3,600!00 A Distiller is a person who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor. A distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors, and non-beverage users and to no other licensees. This includes a manufacturer of wine, but does not include a manufacturer of beer or bottler of wine. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE, ENCLOSED STATEMENT OF REPRESENTATION— COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWWTTB.GOV REGISTRATION OF MANUFACTURER'S AGENT (IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION— • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (x567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION`S BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ B. RECTIFIER FEE: $3,600.00 " A Rectifier is any person who rectifies, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor, other than by original or continuous distillation. SUPPORTING. DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB.GOV IF APPLICABLE, ENCLOSED STATEMENT OFREPRESENTATION- REGISTRATION OF MANUFACTURER'S AGENT UL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (IL 567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ ?' C. BREWER I I I FEE: $900:00" A Brewer is any person who is engaged in the manufacture of beer. A brewer may make sales and deliveries of beer to importing distrib- utors and distributors, in accordance with the provisions of the Illinois Liquor Control Act. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; - ° COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB GOV IF APPLICABLE, ENCLOSED STATEMENT. OF REPRESENTATION— REGISTRATION OF MANUFACTURER'S AGENT (IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE ENCLOSED APPLICATION FOR REGISTRATION— TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER's REGISTERED AGENT (IL 567-0053) . a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION S FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. IMPORTANT NOTICE: THE ILLINOIS LIQUOR CONTROL COMMISSION IS REQUESTING DISCLOSURE OF INFORMATION THAT IS NECESSARY UNDER THE ILLINOIS LIQUOR CONTROLACT (2351LCS 511 ET SEQ.). DISCLOSURE OF THIS INFORMATION IS MANDATORY. FAILURE TO PROVIDE ANY INFORMATION WILL RESULT IN THE NON-ISSUANCE OF YOUR LICENSE. FORM APPROVED BY THE STATE FORMS MANAGEMENT CENTER. IL 567-0015-A (0112006) Page 1 of 6 ❑ D. 1STCLASSWINEMANUFACTURER FEE: $600.00 A wine-manufacturer means a person who is engaged in the manufacture of wine. A first-class wine-manufacturer may make sales and deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL . IF APPLICABLE, ENCLOSED STATEMENT OF REPRESENTATION— (S) VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURER'S AGENT al, 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION— TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (IL567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ E. 2ND CLASS WINE MANUFACTURER FEE: $1 ,200.00 ` A wine-manufacturer means a person who is engaged in the manufacture of wine. A second-class wine-manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE, ENCLOSED STATEMENT of REPRESENTATION- = COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURER'S AGENT (IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION— TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (1L 567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ F. 1STCLASSWINEMAKER "FEE: $600.00` A first-class wine-maker's license shall allow the manufacturer of up to 50,000 gallons of wine per year, and the storage and sale of such wine to distributors and retailers in the state and to persons without the State, as may be permitted by law. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT, IF APPLICABLE, ENCLOSED STATEMENT OF REPRESENTATION- . • COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURER'S AGENT pl. 667-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (IL567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ G. 2ND CLASS WINE MAKER FEE: $1 ,200.00 A wine-maker is a person engaged in the making of between 50,000 and 100,000 gallons of wine annually. A second-class wine-maker's license shall allow the manufacture of between 50,000 and 100,000 gallons of wine per year, and the storage and sale of such wine to distributors in this State and to persons without the State, as may be permitted by law. A second class wine-maker's license shall allow the sale of no more than 10,000 gallons of the licensee's wine directly to retailers. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB.GOV IF APPLICABLE, ENCLOSED STATEMENT OF REPRESENTATION— REGISTRATION OF MANUFACTURER'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT (IL567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION . BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ H. LIMITED WINE MANUFACTURER FEE: $120.00` ' A limited wine-manufacturer may make sales and deliveries not to exceed 40,000 gallons of wine per year to distributors and to non- licensees in accordance with the provisions of the Illinois Liquor Control Act. A limited wine manufacturer uses only grapes, berries, other fruits, fruit products, honey and vegetables produced or grown in Illinois, except as defined in the Illinois Liquor Control Act, Section 5/1-3.31 . SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL(S). VISIT WWW.TTB.GOV IF APPLICABLE, ENCLOSED STATEMENT OF REPRESENTATION— TO DOWNLOAD THE F 5700.31 APPLICATION FORM; REGISTRATION OF MANUFACTURER'S AGENT(IL$67-0054). • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: IF APPLICABLE, ENCLOSED APPLICATION FOR REGISTRATION— MANUFACTURER'S REGISTERED AGENT (IL 567-OD53). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. IL 567-0015-A (0312006) Page 2 of 6 FOR OFFICE LICENSE NO. USE ONLY DATE ISSUED: - EXPIRATION DATE COUNTER ❑ Application for state of Illinois Manufacturer's Liquor License 1 . APPLICANT - CORPORATE INFORMATION If you want your renewal application, your license certificate and other ILCC correspondence sent to your "corporate" address, please check this box. A. FEIN Enter your Federal Employer Identification Number (FEIN) in this box. The FEIN is a nine-digit number issued by the U.S. Internal Revenue Service. This number is used for verification purposes only If you do not have an FEIN number, call 1-800-829-3676 for general information on how to apply and to obtain the forms you will need. NOTE, if you have filed an application for your FEIN number, the Commission will accept your application. FEIN 4 B. ILLINOIS BUSINESS TAX NUMBER (IBT OR SALES TAX NO.) Enter the eight-digit Illinois Dept. of Revenue Business Tax (Sales Tax) Number. YOU MUST HAVE THIS NUMBER IN ORDER FORA LICENSE TO BE ISSUED. If you need to obtain this number, please call 312-814-5232 (Chicago), 217-785-2889 (Springfield), 800-732-6866 (toll-free) or visit www.tax.illinois.DOV and click on the "For Businesses..." link (located under "Illinois e-Services"), and then the "Business Registration' link. ILLINOIS SUSIHESSTAX k C. TELEPHONE Enter the area code/telephone number/extension of the corporation, partnership, etc. AREA CODE/rELEPHONE NO. EXT. D. COUNTY Enter the county where the corporation, partnership etc. is located. COUNTY E. CORPORATE NAME (Also list DBA name if different from corporate name) Enter the name of the sole proprietorship (assumed name), partnership, corporation (Illinois, national, or foreign), or limited liability company in this box. Note! this name must be consistent with name printed on your Illinois Department of Revenue Sales Tax Certificate. CORPORATE NAME.: DBANAME F. ADDRESS Enter the street address, city, state, and Zip Code of the sole proprietorship, corporation, etc.. ADDRESS CITY STATE ZIPCODE IL 567-0015-A (03/2006) Page 3 of 6 2. STATUS OF BUSINESS Check the applicable box (assumed name/sole proprietorship, partnership, Illinois corporation, foreign corporation, limited liability company) which corresponds to your business' official papers filed with the Office of the Secretary of State. Based on the box that you check, provide the date of the filing of the sole proprietorship/assumed name with the county clerk; in the case of a co- partnership, the date of formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; in the case of a foreign corporation, the foreign state where it was incorporated and the date, as well as the date of its becoming qualified under the "Business Corporation Act of 1983" to transact business in the State of Illinois; in the case of a limited partnership, the date of formation of such partnership; or in the case of a limited liability company, the date of formation of such entity. A. p ASSUMED NAME DATE FILED WITH COUNTY CLERK: B. ❑ PARTNERSHIP DATE OF FORMATION: C. ❑ ILLINOIS CORPORATION DATE OF INCORPORATION: D. ❑ FOREIGN CORPORATION STATE OF INCORPORATION: DATE QUALIFIED TO DO BUSINESS IN ILLINOIS: E. ❑ LIMITED LIABILITY COMPANY DATE FORMED: 3. OWNERSHIP INFORMATION Provide the owner/officer/partner information in accordance with the business status described under Question 2. This information must be submit- ted for all owners/officers/partners. The same information must be submitted for shareholders with interests equal to or exceeding 5%. The following information must be provided by every individual applicant, sole proprietor, partner, corporate officer or director (whether or not they own any stock), shareholder owning in the aggregate equal to or more than 5% of the stock, (including officers, directors and stockholders of equal to or more than 5% for all corporate shareholders), and/or manager or agent conducting the business. Indicate the total percentage of stock of the corporation, if any, which is held by persons who have less than a 5% interest. If additional space is needed, provide information on a separate sheet(s) in the same format as this application requires. Before completing this section, check Question No. 6 - Eligibility. For each owner/officer/partner/5% shareholder, provide full name, home address, city, state, zip code, social security number, date of birth, sex, title/ position, home telephone number, and percentage ownership. Percentage ownership should equal 100%. If there are a number of shareholders owning less than 5%, indicate the aggregate total of ownership under E. A• NAME LAST FIRST MIDDLE INITIAL HOME ADDRESS CITY STATE ZIP . . SOCIAL SECURITY NO. DATE OF SIflTH SEX. TITLE/POSITION AREA CODMELEPHONE NO.. : %OWNED B- NAME LAST FIRST MIDDLE INITIAL HOMEADDRESS CnY STATE ZIP SOCIAL SECUR" NO. DATE OF BIRTH SEX TITLE/POSITION AREA OODEMELEPHONENO. C. NAME (LAST, FIRST MIDDLE INITIAL HOMEADDRESS CITY STATE 21P SOCIAL SECURITY NO. DATE OF BIRTH:_ SE%' TITLElPDSITION AREACODERELEPHONE NO. %OY/NED_. 13- NAME LAST FIRST MIDDLE INITIAL HOMEADDRESS CITY " STATE ZIP SOCIAL SECURTY NO. DATE OF BIflTN- SEX nTLE/Posmom AREA CODWELEPHONE NO. %OWNEDP E. TOTAL PERCENTAGE OF ALL STOCK HELD BY ALL PERSONS WITH LESS THAN 5% INTEREST IL 567-0015-A (03/2006) Page 4 of 6 4. MISCELLANEOUS INFORMATION A. WAREHOUSING If any of your inventory is warehoused, provide the name, street address, city, state, Zip Code and county of the warehouse. ADDRESS CITY ISTATE. ZIP CODE < COUNTY B. LEASED PREMISES If you lease your premises, the lease must cover the full term of the license. If you lease, provide the landlord's name, telephone number, street address, city, state, Zip Code and county. LANDLORD NAME - AREA CODERELEPHONE NO. ADDRESS CITY STATE "ZIP CODE COUNTY C. FEDERAL REGISTRATION AND RETURN To sell alcoholic beverages, you are required to register with the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) on a yearly basis. HAVE YOU FILED TTB FORM 5630.5 "ANNUAL SPECIAL TAX REGISTRATION AND RETURN"? YES — NO — If NO is checked, TTB Form 5630.5 may be obtained from the National Revenue Center at 800-937-8864 or downloaded at www.ttb.gov (www.ttb gov/forms/Ddfs5600/f56305 vd 5. LICENSE HISTORY A. FIRST LICENSE APPLICATION - LICENSE HISTORY Indicate by checking the correct box whether or not this is the corporation's, sole proprietorship's, etc's first application fora State liquor license at any premises. If you check "no", indicate the date of your first State liquor license application. Also indicate whether the license was granted, denied or withdrawn. Provide the address of your first State liquor license application. If you have ever had a license application denied or if you ever withdrew an application, please provide a written statement describing the reason and circumstances. IS THIS YOUR FIRST STATE LICENSE APPLICATION? YES — NO —IF NO, PROVIDE DATE FIRST APPLIED: DISPOSITION: ❑ GRANTED ❑ DENIED ❑ WITHDRAWN ADDRESS OF FIRST STATE APPLICATION: IL 567.0015-A (03/2006) Page 5 of 6 6. ELIGIBILITY QUESTIONS These questions apply to the applicant and any other person listed under Question 3. These questions MUST be answered. IF THE QUESTIONS ARE NOT CHECKED, THE APPLICATION WILL BE REJECTED. If any question is checked "yes", a written, detailed explanation is required and must be attached to this application. 6-17 ❑ YES ❑ NO HAVE YOU FAILED OR NEGLECTED TO REGISTER WITH THE FEDERAL TAX & TRADE BUREAU (TTB)? IF SO, PLEASE CONTACT THE TTB AT 800-937-8864 OR 513.684-2979. 6-18 ❑ YES ❑ NO AREYOU DELINQUENT IN THE PAYMENT OF ANY ILLINOIS BUSINESSTAXES (SALES, WITHHOLDING, ETC.)? 6-22 ❑ YES ❑ NO HAVE YOU EVER APPLIED FOR AND BEEN DENIED A LIQUOR LICENSE? 6-23 ❑ YES ❑ NO HAVE YOU HAD ANY PREVIOUS LIQUOR LICENSE REVOKED? 6-24 ❑ YES ❑ NO HAVE YOU EVER BEEN CONVICTED OF A FELONY? 6-25 ❑ YES ❑ NO HAVEYOU EVER BEEN CONVICTED OF A GAMBLING OFFENSE AS DEFINED UNDER SECTION 5/6-2 OFTHE ACT WHICH INCLUDES OFFENSES ENUMERATED IN 720 ILCS 5/28-1(a)1-11 , "GAMBLING;" 720 ILCS 5/28- 1 .1(a)-(d) "SYNDICATED GAMBLING;" AND 720 ILCS 5/28-3 "KEEPING A GAMBLING PLACE"? 6-26 ❑ YES ❑ NO DO YOU POSSESS A CURRENT FEDERAL WAGERING STAMP? (ISSUED BY THE UNITED STATES INTER- NAL REVENUE SERVICE TO TAX WAGERING ACTIVITY) 6-28 ❑ YES ❑ NO HAVE YOU RECEIVED OR BORROWED MONEY OR ANYTHING OF VALUE DIRECTLY OR INDIRECTLY FROM ANY OTHER LICENSEES, REPRESENTATIVES OF A LICENSEE, OR SUPPLIERS OF ALCOHOLIC PRODUCTS? 6-30 ❑ YES ❑ NO IF OPERATING AS A SOLE PROPRIETORSHIP OR A PARTNERSHIP, ARE YOU OR YOUR PARTNER(S) CUR- RENTLY NOT CITIZENS OF THE UNITED STATES OR RESIDENT ALIENS WITH LEGAL STATUS? 7. HOURS OF OPERATION List the daily hours open for business. This information will assist Commission field agents in choosing an inspection time which causes the least disruption to the business. MON TUES WED ; s . ' THURS _ : FRI SAT SUN ; . 8. MANUFACTURER'S REGISTERED AGENT REQUIREMENTS If you have agents, representatives or persons acting on your behalf in Illinois that sell or discuss pricing terms of alcoholic liquor, you are required to register each of these individuals by submitting forms IL 567-0053 "Application for Registration - Manufacturer's Registered Agent" and IL 567-0054 "Statement of Representation - Registration of Manufacturer's Agent". 9. SIGNATURE/TITLE/DATE Please sign and date the application form and provide your title with the organization. The application must be signed by an owner, an officer, a partner or an officially authorized agent of the business. The signature must be an original rubber stamps are not accepted. I, THE UNDERSIGNED APPLICANT OR AUTHORIZED AGENT THEREOF, SWEAR OR AFFIRM THAT: THE MATTERS STATED IN THE FOREGOING APPLICATION ARE TRUE AND CORRECT; THEY ARE MADE UPON MY PERSONAL KNOWLEDGE AND INFORMA- TION; THEY ARE MADE FOR THE PURPOSE OF REQUESTING THE STATE OF ILLINOIS TO ISSUE THE LICENSE HEREIN AP- PLIED FOR; THE APPLICANT IS QUALIFIED AND ELIGIBLE TO OBTAIN THE LICENSE APPLIED FOR; AND THE APPLICANT WILL NOT VIOLATE ANY OF THE LAWS OF THE UNITED STATES OF AMERICA OR THE STATE OF ILLINOIS, IN PARTICULAR, THE ILLINOIS LIQUOR CONTROL ACT, RULES AND REGULATIONS, AND THE CIVIL RIGHTS SECTIONS THEREOF. FURTHER, I AGREETO NOTIFYTHIS COMMISSION WITHIN 30 WORKING DAYS OF CHANGES IN ANYOFTHEABOVE INFORMATION. (NOTE: IF THE PERSON SIGNING THISAPPLICATION IS NOT LISTED IN SECTION 3, THEY MUST PROVIDE THE STATE WITH THEIR PERSONAL INFORMATION AS INDICATED IN SECTION 3 EVEN IF THEY DO NOT OWN 5% OR MORE OF THE BUSINESS.) SIGNATURE OF APPLICANT/AUTHORIZED AGENT TITLE/POSITION DATE IL 567-0015-A (03/2006) Page 6 of 6 Page I of 3 F� UNITED CI'T'Y OF YORKVILLE PLAN COMMISSION City Hall Council Chambers Wednesday, June 9, 2010 7:00pra Commission Members in Attendance: Anne Lucietto Jack Jones Tom Lindblom Jeff Baker Michael Crouch Sandra Adams Charles Kraupner Clarence Holdiman Jane Winninger Other City Staff Kristi Noble, Economic Development Director Other Guests Richard Scheffrahn Christine Vitosh, Depo Court Chairman Anne Lucietto called the meeting to order at7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes March 10, 2010 The March minutes were approved on a motion by Baker and second Jones. Motion carried on a voice vote. Public Hearing 1 . The United City of Yorkville, petitioner, filed an application requesting to amend Title 10, Chapter 8, Article A Section 10-SA-1 : Uses Permitted of the Municipal Zoning Code to allow manufacturing of alcoholic beverages with the M-1 Manufacturing District; and to amend Title 10, Chapter 7 Article B of the Municipal Zoning Code to define and identify microbreweries as an allowed Special Use within the B-1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. A motion was made by Crouch and seconded by Adams to open the Public Hearing. Motion approved on a voice vote. (See Court Reporter 's Transcript) Ms. Noble summarized the Public Hearing as follows: the request is to allow alcohol production in the M1 District and to allow micro-breweries/brewpubs in the Business District. It excludes point of sale purchases to the public at the manufacturing site. The City is proposing a maximum of 5,000 bagels to be manufactured per year. Page 2 of 3 Following Ms. Noble' s testimony, Crouch moved and Jones seconded a motion to close the Public Hearing. Closed at 7:07pm. Unanimous voice vote approval. Discussion It was noted the City would prefer a micro-brewery to be affiliated with a restaurant. Mr. Lindblom suggested a language change to remove "bar" from "restaurant and/or bar" from the staff recommendations. Ms. Noble clarified that the M1 District is for only manufacturing, not for selling to the public, while the Business District can produce, bottle and sell it. Ms. Lucietto asked why this matter was being brought forward at this time. Ms. Noble said she understood a request had been made by a small business in the M district. The maximum of 5,000 barrels was discussed and some Commissioners questioned the number. Currently there is no State Statute covering this, but Ms. Noble said the ability to handle buck traffic and storage must be considered. Lucietto and Crouch also questioned the limit of 5,000 barrels annually when other communities allow 15,000 barrels. The consensus of the committee was to allow 15,000 barrels in both districts. Ms. Noble said the State does have a limit for production of alcohol for off-site consumption of 50,000 gallons per year. It was also suggested to not limit the off-site consumption. Crouch asked why the City would want to separate the manufacture and sale of alcohol and cited the example of the Roundhouse in Aurora that both brews and sells the product at the same location. Ms. Noble said the Business District is for sales taxes. It was also noted that Aurora views the Roundhouse as a restaurant. Chairman Lucietto asked if there were any covenants that might affect this request, but it was not known if there were any. Baker said the only concern he would have would be if a business were to open in a manufacturing zone. He said those zones are busy enough without adding further congestion. Ms. Noble said that a retail use would not be located in a manufacturing zone. Action Item i. Text Amendment Commissioner Lindblom made a motion to accept the proposal as presented by staff with the changes recommended by the committee. Jones seconded the motion. Roll call : Lindblom-yes; Holdiman-yes; Crouch-yes, Kraupner-yes, Adams-yes, Winninger-yes, Jones-yes, Baker-yes, Lucietto-yes. Unanimous approval. Page 3 of 3 Additional Business: Mr. Crouch provided an update on the Zoning Commission and said they had met at the end of May. Ms. Noble will review what has been done thus far. Ms. Lucietto reported on the Kendall County Planning Consortium and said they had met at Platteville. Water supplies, pollution, wells, etc were discussed. The next meeting is at the end of July. The topic will be windmills and residential power. The proposed sports complex was brought up by Mr. Lindblom. Ms. Ochoa, who is spearheading this project, was present at the Council meeting the previous night and a plan is anticipated. The canoe chute was also discussed and the finish date is anticipated for August or September. Baker mentioned that the City had discussed a possible permitted use for the City park. He said he did not feel that was proper for a public park. There was no further business and the meeting was adjourned at 7 :30pm on a motion by Crouch and Jones. Minutes respectfully submitted by Marlys Young PLAN COMMISSION MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M . VITOSH , C . S . R . , on June 9 , 2010 , 2010 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . '3 i D - 911510 �EPCD ® i� ygJg�T reporting service 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630.483.0030 = Fax: 630-775-4324 e-mail: depocourt@depocourt.com = www.depocourt.com 2 1 P R E S E N T : 2 MS . ANNE LUCIETTO , Chairman , 3 MR . TOM LINDBLOM , 4 MR . CLARENCE HOLDIMAN , 5 MR , MICHAEL CROUCH , 6 MS , SANDRA ADAMS , 7 MR . JACK JONES , 8 MR . CHARLES KRAUPNER , 9 MR . JEFF BAKER , 10 MS . JANE WINNINGER . 11 12 ALSO PRESENT : 13 Ms , Krysti Noble , Community Development 14 Director , 15 Ms . Marlys Young . 16 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 3 1 CHAIRMAN LUCIETTO : We have one public 2 hearing on the agenda , it is a City public 3 hearing , so I ' d like to entertain a motion to open 4 PC 2010 - 07 . 07 : 0GPM 5 MR . CROUCH : So moved . 6 CHAIRMAN LUCIETTO : We have a motion . 7 M5 . ADAMS : Second . 8 CHAIRMAN LUCIETTO : All in favor say 9 aye . 07 : OOPM 10 ( A chorus of ayes . ) 11 CHAIRMAN LUCIETTO : Not in favor , nay . 12 ( No response . ) 13 CHAIRMAN LUCIETTO : Since we have no one 14 in the audience , I will not swear anyone in . I do 07 : OOPM 15 believe Krysti will fill us in , 16 MS . NOBLE : Sure . It ' s kind of a 17 lengthy memo , but the request is basically to have 18 alcohol production in the Ml District and to allow 19 microbreweries or a brew pub in the Business 07 : 01 PM 20 District . 21 I ' ve stated some concerns and some 22 proposals in the memo and I ' ll just briefly go 23 through them . Currently in the Manufacturing 24 District non - alcoholic beverages are - - the Depo • Court Reporting Service ( 630 ) 983 - 0030 4 1 manufacturing of those beverages are permitted , so 2 what we ' re proposing tonight is to allow for 3 alcoholic beverages to be processed and 4 manufactured in the M1 District , and this would 07 : 01PM 5 include a definition added to the ordinance . 6 Also it would exclude any point of 7 sale purchase of alcohol to the public at the 8 manufacturing site . The definition again is 9 included , and it ' s defined as any beverage that is M : o1PM 10 the product of distillation of any fermented 11 liquid , whether rectified or diluted , whatever may 12 be the origin thereof , and includes synthetic 13 ethyl alcohol , but does not include denatured 14 alcohol or wood alcohol . And that definition is 07 : 02PM 15 straight from the Illinois Liquor Control Act of 16 the Illinois Compiled Statutes . 17 The last item under the M1 District 18 is that we are proposing a maximum of 5 , 000 19 barrels per calendar year for these types of uses , 07 : 02PM 20 and that ' s just. to - - it ' s appropriate for the 21 scale of our Manufacturing District , and it will 22 curtail any anticipated spikes in truck traffic 23 and storage capacity for the sites . 24 Now , for the microbrewery or brew Depo ^ Court Reporting Service ( 630 ) 983 - 0030 5 1 pubs , we ' re asking that they be allowed special 2 uses in the Business District , and it ' s envisioned 3 that these uses would be ancillary to a 4 restaurant , so they can serve their brew they make O7 : 02PM 5 on - site to patrons , and there ' s also consideration 6 that they can sell it for off - site consumption , 7 and that ' s something that the Plan Commission 8 should look at . We do propose a definition - - 9 again , it ' s in your memo - - for what a 07 : 03PM 10 microbrewery is , and a maximum again of 5 , 000 11 barrels per calendar year . 12 We also are asking to limit the 13 capacity of the brewery in the restaurant to only 14 25 percent of the total floor area . That way it 07 : 03PM 15 doesn ' t become a manufacturer in itself in the 16 Business District . 17 We want to limit that floor area so 18 we can get more retail and more , you know , sales 19 tax coming from that use , and that ' s what the 07 : 03PM 20 intended use of the Business District is for . 21 Like T said , the Commission should 22 look at these breweries . Microbreweries can sell 23 directly to the customers for off -premises 24 consumption . They do state some language in there Depo • Court Reporting Service ( 630 ) 983 - 0030 6 1 that would cap off how much they can sell to an 2 individual at any time and how it has to be 3 packaged when it leaves the site . 4 And finally I have provided a 07 : 04PM 5 comparison of some other local communities that do 6 have both types of uses , and they are there for 7 your reference to see how this ordinance change 8 would compare . And that ' s it . 9 CHAIRMAN LUCIETTO : Is that all ? 07 : 04PM 10 MS . NOBLE : That ' s it . That ' s it . 11 CHAIRMAN LUCIETTO : Okay . 12 MR . CROUCH : Would you like a motion to 13 close the public hearing ? 14 CHAIRMAN LUCIETTO : Yes , I would , 07 : 04PM 15 please . 16 MR . CROUCH : Move to close the public 17 hearing . 18 MR . JONES : So moved . Second . 19 CHAIRMAN LUCIETTO : It ' s been moved and 07 : 04 PM 20 seconded . All in favor say aye ? 21 ( A chorus of ayes . ) 22 CHAIRMAN LUCIETTO : Not in favor , nay ? 23 ( No response . ) 24 CHAIRMAN LUCIETTO : Okay . Depo • Court Reporting Service ( 630 ) 983 - 0030 7 1 ( Which were all the 2 proceedings had in the 3 public hearing portion of 4 the meeting . ) 5 - - - 000 - - - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 8 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LA SALLE } 3 I , Christine M . Vitosh , a Certified 4 Shorthand Reporter , do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings , Pages 1 through 8 9 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 9 1 In testimony whereof , I have 2 hereunto set my hand this 18th day of June , A . D . , 3 2010 . 4 5 6 Christine M . Vitosh , CSR 7 CSR No . 084 - 002883 8 9 1D 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - OD30 10 ® allowed [i1 - 5:1 8:3 8;2 8:7 KRAUPNER111 ancillary171 - certify 131 - 8:4, CROUCH141 - . _ 2;6 5:3 8:1118:16 2:5, 3:5, 6:12, C Krysti 121 - 2:13, 084-002883 ill - ANNE Ill - 2:2 CHAIRMAN [2) • 6:16 -• 3:15 9'7 annexedil] • 3:613:13 CSR [2) - 9:6, - - 8:17 Chairmanry) - 9:7 Gamelli - 1 :14 L - - anticipated ii) - 2:2 curtail ill - 4:22 - .. 4:22 CHAIRMAN ill • customers ill - H 1171 - 8:7 applies ill - 3:113;8, 3:11 , 5:23 LA Ill - 8:2 96th 171 . 9:2 8:17 6:9, 6:11 , 6:14, _ hand I21 - 8:19, languageiil - - appropriate [tl - 6:19, 6:22, 6:24 D 912 5:24 4:20 change ill - 67 - last ill - 4;17 2 area RI - 5:14, cHARLES Ill - hearing [si - 3:2, leaves (71 - 6:3 D-911510171 - 3;3, 6:13, 6:17, 5:17 2:8 lengthy Ill - 201013] . 1 :13. assume 111 . chorus 121 • 1:24 7:3,, 8:6 3:17 1:14, 9:3 8:19 3:10, 6:21 defined Ill - 4:9 hereby Ill - 8:4 limit 12) - 5:12, definition 141 - hereto 17) - 6:17 5;17 2090-07 (11 - 3:4 audience ill - Christina l2) - hereuntn111 - 25I11 . 5:14 3:14 8:33 9:6 4:5, 4:8, 4:14, 5:8 LINDBLOM 111 - - -. aye (2) - 3:9, CHRISTINEII] • denatured ill - 9.2 2:3 S 6:20 1:13 4:13 24OLDIMANI7) - [[quid Ill • 4:11 - ayes (z] - 3:10, CITY III . 1 :5 Development Liquor [i] - 4:15 b1 (1] - 2:13 hour[11 - 1 :14 Local 6:21 Ci 21 - 1:15, Ill - 6:5 5,000121 - 4:18, _ 312 diluted ti1 . 4:11 look (z) - 5:6, 5:10 - B CLARENCE Ill - direction (11 - 5:22 - 2A 8:21 LUCIETTO [121 7 close [21 - 6:13, directly 111 - ILLINOIS (2) - 2:2, 31 , 3:6, 3:8, . _ _.. BAKER (1] - 2:9 6:16 5:23 1 :5, 6;1 3:11 , 3:13, 6:9, 7:00111 - 1 :14 barrelsl21 • cominglll - Directorlil - Illinois p) • 6:11 , 6:14, 6:19, 4:19, 5:11 5:19 2:14 1 :15, 4:15, 4:16 6:22, 6:24 -- � - become ill - Comrmssioni2l distillation 171 - include ill - 4:5, - -- - 5:15 - 5:7, 5:21 4:10 4:13 beverage Ill - COMMISSION District (91 • included Ill - 800 Ill - 1 :14 4:9 ill - 1,4 3:16, 3:20, 3:24, 4:9 beverages 131 • 4:4, 4:17, 4:21 , M9 Lai - 3:161 -- - communities [11 includes Ill • 9 3:2414:1 , 4;3 - 6.5 5:2, 5:96, 5:20 4:12 4:4, 4:17 . . _ brew [31 - 3:99, Community ill - inclusiveltl - manufactured 4:24, 6:4 2:13 E 6:6 171 - 4:4 9123 - 1 :13, 8:8 breweries ill - compare (71 - individual [ti - . -- 5:22 111 - 5:15 A brewery Ill - 6.8 enteMainryl _ 6:2 Manufacturing comparison [t) 3:3 Intended ill - - - - _ 5:13 (21 - 3:23, 4:21 - Co :12, 8:6 (zl - 5:20 briefly [t) • 3:22 manufacturing A.D 171 - 9:2 Compiled lq - 1 :12, 8:6 Interested lt] - aboveentitled Business l4] - 4:16 815 [z1 - 4:1, ill 3:19, 5:2, 5:16, envisioned ltl - Marlys 111 - 2:15 121 . 1:12, 8:6 complete 11) - 5,2 item ill - 4:17 accuracy Ill - 5:20 8:8 ethyl ill . 4:13 itself(1) - 5:15 matter[t) - 1 :12 8:20 - - concerns ill - maximum 121 - Act Ill - 4:15 _ C _ 3:21 excludelq - 4:6 J 4:18, 5:10 ADAMS 121 . 2:6, consideration -- - MEETING Ill - 3:7 C.S.R I7] - 1:13 11] - 5:5 _ F 1:4 added [11 . 4:5 calendarl21 - consumption JACK Ill . 2:7 meeting 123 aforesaid 111 • 4:19, 5:11 f21 - 5:6, 5:24 Farm B JAN E171 - 2:10 1:11, 7:4 I - 1 :14 JEFF t memo 8:10 cap Ill - 6:1 control ill - 8:21 favor 141 . 3:8, Ill [31 - 3:97, Control Ill 3:11 , 6:20, 6:22 JONES 121 - 2:7, 3:22, 5:9 agenda lti - 3:2 capacity [zl • ) • 6:18 MICHAELIll - aleoholis) • 4:23, 5:13 4:15 fermented [q - 2:5 cop)es [21 - 4:10 June [21 - 1 :13, 3:16, 4:7, 4:13, certificate ill - 92 microbrewerle 4:14 8:17 6:18, 8:21 fill (q - 3:15 x [21 . 3:19, 5:22 alcoholic pl - certified 11) - correct Ill - 8:8 finally Ill - 614 mierob 3:24, 4:3 8:19 counsel 121 - floori2l • 5:94, K 121 . 4:24, larewews ry allow 121 - 3:18, Certified Ill - 8:12 5:17 4;2 COUNTY p1 - foregoing 171 - kind 111 - 3:16 motion 131 - 3:3, DepocCourt Reporting Service ( 630 ) 983- 0030 11 3:6, 6:12 4:1 (11 - 8:20 traffic Ill - 4:22 Move Ill - 6:16 place Il3 - 8:10 restaurentlzl - transcript l2l - moved (31 - 3:5, PLAN Ill - 1:4 5:4, 5:13 8:9, 8:18 6:18, 6:19 Plan Ill - 5:7 retail ill - 5:18 truck ill - 4:22 MR liol - 2:3, point Ill - 4:6 Road Ill - 1 :15 true (1] - 8:6 2:4, 2:5, 2:7, 2:8, portion Ill ' 7:3 _ types (2] - 4:19, 2:9, 3:5, 6:12, premises (1) - S 6:6 6:163 6:18 5:23 MIS (s) - 2:2, 2:6, PRESENTtil . U 2:10, 3:7, 3:16, 2:12 sale 11] - 4:7 6:10 proceedings 121 sales (1) - 5:18 - 7:2, 8:5 SALLEII] - 8:2 underpl - 4:17, N PROCEEDING SANDRA Ill - 8:1918:21 Sill - 1 :11 216 UNITED111 - 1 :5 Proceedingsitl scale ill - 4:21 uses (4) - 4:19 nay (21 . 3:11 , 8[7 second 12) - 3:7, 5:2, 5:3, 6:6 822 Noble Bl - 2:13 processed Ill 6:18 NOBLE 121 - 4:3 seconded (1] - V 3:16, 6:10 ProductIl] - 6:20 4:10 see (1] - 6:7 non Ill - 3:24 sell l3] - 5:6, Vitosh (21 . 8:3, non-alcohollc Production (tl - 9:6 3:18 5:22, 6:1 11 notes Ill proposals 11) - serve [1) - 5:4 :13 hI - noteal9 - 6:9 3:22 set III - 9:2 1 :13 propose ill - 5:8 Shorthand ll] - _ . 0 proposing 12] - 8A W 412 4:18 shorthand l2) - OF(41 - 1 :5, provided Ill - 8:5, 8:9 whereof(11 - 9:1 1:11, 8:1 , 8:2 . 6:4 signed 111 - 8:18 WINNINGER [q off-premisesitl pub 111 - 3:19 site [41 - 4:8, 5:5, - 2:10 - 523 publici6t - 3:1 , 5:6, 6:3 wood Ill - 4:14 offsite 111 - 5:6 3:2, 4:7, 6:13, sites 111 - 4:23 on-site 11) - 5:5 6:16, 7:3 special ill - 5:1 Y one (21 - 3:1, pubs ill - 5:1 spikes Ill - 4:22 3:13 purchase Ill - SS (11 - 8:1 open ill - 3:3 4:7 state 111 - 5:24 year 12] - 4:19, STATE 111 - 8:1 5:11 ordlnanceizl - - 4:5, 6:7 R Statutes ill - Y0RKVILLEII]origin Ill - 4:12 - _ 4:16 • 1 :5 storage (11 - Yorkville ill - ori91na1111 -u rectified Ill - 4:23 1 :15 So 4:11 straight(11 - Young 19 . 2:15 outcome ry1 - reference Ill • 4:15 8:15 6:7 suit 121 - 8:13, P related [2] 8:14 8:12, 8:13 swear 111 - 3:14 rEPORTIlI - synthetic (1) - p.m Ill - 1:14 1:11 4:12 packaged [1) - Report ill - B:7 ._. _ __ 6:3 reported Ill - T Pages ill - 8:7 8:5 _ ._. Parties (21 - Reporter ill - 8:13, 8:14 8:4 tax [I] - 6:19 patrons tl] - 5:5 reproduced Ili - testimony ill - PC Ill - 3:4 8:20 9:1 P®r121 - 4:19, request 111 - thereof ill - 5:11 3:17 4:12, 8:15, 8:18 percent 111 - response lzl - TOM 111 - 2:3 5:14 3:12, 6:23 tonight ill - 4:2 permitted Ill - responsibility total (11 - 5:14 DepoeCourt Reporting Service ( 630 ) 983 - 0030 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 800 GAME FARM ROAD ON TUESDAY, MAY 11, 2010 Mayor Bond called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward 1 Golinski Present (via telephone — until 8:25) Plocher Present Ward III Moons Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenants Schwartzkopf and Delaney, City Engineer Wywrot, Public Relations Officer Spies, Community Development Director Barksdale-Noble and Building Inspector Zabel. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Bard asked that an Executive Session be added for the purpose of discussing pending litigation and that Item #4 under the Mayor's Report — Resolution In Opposition to Proposed Changes in the KenCom Intergovernmental Agreement (CC 2010-41 ) be combined with Alderman Moons report under the Public Safety Committee Report. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., May 18, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 1 , 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., May 20, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., May 27, 2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Crestview Builders, Inc. Crestview Builders, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development dated July 12, 2005, and the Amendment to the Annexation Agreement and Planned Unit Development dated December 18, 2007. The real property consists of approximately 60 acres located south of Veterans Parkway and along Cannonball Trail, Yorkville, Illinois. Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the meeting. The Minutes of the Regular Meeting of the City Council — May 11 2010 — page 2 CITIZEN COMMENTS None. CONSENT AGENDA None. PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of March 23, 2010 and the Special City Council of April 1Q 2010; seconded by Alderman Spears, Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated May 3, 2010, totaling the following amounts: checks in the amount of $ 104,316.43 (vendors FY 09/10); $438,294.10 (vendors FY 10/11 ); $242,495.77 (payroll period ending 4/24/10); for a total of $785,106.30; seconded by Alderman Werderich. Alderman Gilson stated that he submitted questions on the bill list but had not received any answers. Administrator Olson stated that Director Mika was at a seminar and that he had received her memo with the answers but did not get to review it. He went over Director Mika's May 10, 2010 memo (see attached). Motion approved by a roll call vote. Ayes-5 Nays-2 Plocher-aye, Spears-nay, Munns-aye, Sutcliff-aye, Gilson-nay, Teeling-aye, Werderich-aye REPORTS MAYOR'S REPORT Proclamation for Poppy Days (CC 2010-38) Mayor Burd read a proclamation for Poppy Awareness Days of May 27, 28, 29, 2010 (see attached). Appointments to Boards and Commissions (CC 2010-39) Fire & Police Commission Mayor Bond entertained a motion to approve the re-appointment of Margie Putzler to the Fire B Police Commission. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye Human Resource Commission Mayor Brad entertained a motion to approve the re-appointment of Amy Baudouin to the Human Resource Commission. So moved by Alderman Sutcliff; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye Library Board Mayor Brad entertained a motion to approve the re-appointment of Gail Gaebler to the Library Board. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye Plan Commission Mayor Hurd entertained a motion to approve the re-appointment of Jeff Baker to the Plan Commission. So moved by Alderman Sutcliff; seconded by Alderman Werderich. The Minutes of the Regular Meeting of the City Council — May 11 2010 — Page 3 Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Mums-aye Police Pension Board Mayor Burd entertained a motion to approve the re-appointment of Todd Overmyer to the Police Pension Board. So moved by Alderman Sutcliff; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye Library Board Mayor Burd entertained a motion to approve the appointment of Bob Allen to the Library Board. So moved by Alderman Sutcliff, seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye Selection of Mayor Pro Tem for F/Y 10/11 (CC 2010-40) A motion was made by Mayor Burd to appoint Alderman Plocher as Mayor Pro Tem. So moved by Alderman Sutcliff, seconded by Alderman Teeling. Alderman Spears asked if the procedure for appointing the Mayor Pro Tem indicated that seniority was followed, Mayor Burd stated that it does not specify seniority however the City Council has set a precedent by following the seniority of the aldermen when appointing the Mayor Pro Tem. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-present, Werderich-aye Resolution 2010-12 In Opposition to Proposed Changes in the KenCom Intergovernmental Agreement (CC 2010-41 ) Mayor Burd entertained a motion to approve a resolution in opposition to the proposed changes in the KenCom Intergovernmental Agreement and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Sutcliff. Mayor Burd explained that City Attorney Orr reviewed the current agreement and there is no mechanism in it for Kendall County to terminate it however there is for cities to do so after giving notice. Attorney Or has drafted the resolution to encourage the Kendall County Board and KenCom to continue with the current intergovernmental agreement and to use the public safety tax to fund KenCom. She stated that Yorkville, Oswego and Plano represent over 60% of Kendall County and all the communities want to sit down with the Kendall County Board and negotiate. Chief Hart explained that the Kendall County Board wants the new agreement signed by June 24, 2010. The new agreement proposes to use public safety tax to fund the Kendall County portion of KenCom with all other participants' splitting the difference. The Police Department feels that the new agreement would be double taxing citizens and supports the proposed resolution stating that Yorkville wants the current agreement to remain on place. Alderman Munns reported that the public safety tax pays for 911 services. The county board wants to cap the tax however the affected municipalities are asking the board to live up to the original agreement. If the city does not sign the new intergovernmental agreement then it will be out of KenCom. He added that the city does not want this; they want to negotiate with the county. Mayor Bard added that there is a 911 surcharge on every telephone line in Kendall County as well as every cell phone line. There are limitations on how these funds are spent. Mayor Burd added that the current agreement has Kendall County funding $2 million of the $4 million used to expand the Kendall County Courthouse. They are also using $2 million to abate real estate taxes. The Kendall County sheriff has increased his budget while municipalities have had to decrease theirs. There was a brief discussion on the 911 surcharge, the county using money from their general fund to support KenCom and the uncertainty as to where the funds are going. The Minutes of the Regular Meetine of the City Council — May 11 2010 — page 4 Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Munns-aye, Spears-present, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Annual Police Pension Report for Fiscal Year Ending April 30. 2010 (CC 2010-42) Fiscal Year 2010-2011 Police Pension Budget (CC 2010-43) Treasurer Powell reported that the City Council had received copies of the annual report and budget (see attached). The fiscal year end balance for the Police Pension is $3,645,473.42. Total contributions were $525,000,00 with retirement payments of $275,000.00. Signature Cards Treasurer Powell reported that he had new signatures cards for the aldermen to sign for the account at Castle Bank. CITY ADMINISTATOR'S REPORT Administrator Olson reported that if any resident notices weeds that are too tall, they should call the Building Department. Building Department employees will do an inspection and try to remedy the situation. If the problem is not addressed by the owner of the property, the city will mow and bill the owner. He stated that some residents have questioned if they should call the owner's themselves however the city can write a ticket for a mowing violation. He asked that when residents call in a complaint they include the address, parcel, lot number or nearest intersection. Mayor Burd noted that the Police Department has shared this information through the Neighborhood Watch program. Also, having the Police Department handle complaints takes away animosity between neighbors. Alderman Munns stated that there were areas in Fox Hill around the Dreyer Medical building that need mowing. Administrator Olson stated that once the city contacts them they do mow, Alderman Munns felt that the fines for non-compliance should be higher. Administrator Olson stated that raising the fines is being discussed at the May 18, 2010 Public Works Committee meeting and that fines were determined during the adjudication process. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Hart reported that Officer Calvert retired after 28 years on the force. Officer Calvert requested that there be no party in his honor however his fellow officers took up a collection for a retirement gift. The city also presented him with a gift. Chief Hart also thanked the City Council for their support with KenCom. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported that Music Under the Stars begins June 11 , 2010 and will be held every other Friday throughout the summer. Also, the Farmer's Market starts Saturday. June 12, 2010 and the city is still accepting applications for it. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meeting of the City Council — May 11 2010 — oage 5 COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The City's website will be updated with a "FAQ" section. Mayor Burd added that Mrs. Spies sends out email blasts with city information. Anyone interested should contact her or go to the city's website to sign up. • A community yard sale will be held on June 18 & 19, 2010 at the former Countryside Center property. • The American Legion will be hosting a memorial Day event on May 31 , 2010 at 11 :30 in Town Square Park COMMUNITY & LIAISON REPORT Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting on May 10, 2010. Items discussed were IMRF, FOIA compliance, hiring a new office manager and the south side sanitary sewer repairs, Alderman Gilson was concerned that Alderman Plocher approached Ralph Pfister of the YBSD to discuss developing a long range plan for the south side repairs without first bringing the matter to the Public Works Committee or the YBSD liaison. Northeastern Illinois Area Agency on Aging Alderman Spears reported that she attended the NEIL Board meeting. Things discussed were: • They have only received 20% of Illinois genera] revenue funds and have submitted a hardship letter to the state for the $1 .2 million that it is owed. • Revised grants reducing the anticipated revenue funds by 50% have been issued. Two subsequent area plan revisions are being prepared; for when the carry-over figures from FY 2009 are available and for when the actual genera] fund revenue amount is determined for FY 2010. • The Veterans Independence Project (VIP) is moving along. Training for counselors and case managers is scheduled for May 19, 2010. NEIL is in the final stages of approving the cooperative agreement between area agencies on aging and VA hospitals. • The Chronic Disease Self-Management Program is new to the area. It uses trained people to teach individuals with chronic health conditions about their condition and how to manage it. • FY 2011 funding projections has been prepared. If NEIL is fully funded there may still be a decrease of federal funds. There will be no American Recovery and Reinvestment Act funding in 2011 resulting in a loss of $353,424.00. State funding even at its full level will be $133,157.00 less than in 2010. Total agency income is conservatively projected to be $305,694.00 less than in FY 2010. The distribution of funding among counties for FY 2011 has been adjusted using 2008 population estimates from the Census Bureau. Kendall County Senior Providers Alderman Spears reported that the Kendall County Senior Providers will be hosting the 6" Annual Kendall County Elder Friendly/Livable Communities Seminar on May 21, 2010 from 9:00 a.m. to noon at the Oswego Senior Center, 156 E. Washington Street. Metro Mayors Caucus Mayor Burd reported that she attended the Metropolitan Mayors Caucus where the Illinois is Broke Coalition presented a PowerPoint presentation on pension reform. The total budget deficit is $14 to $ 15 billion for 2010 and most of the debt is attributable to the retirement program. There was also a Services Delivered Task Force meeting at the caucus. This looked at the delivery of services to residents at a reduced cost. Some cities are willing to combine services in order to save money. Yorkville is looking at participating in the task force and she stated she would report back on the pilot program to the City Council in the fall. Library Board Mayor Bard reported that she attended the Library Board meeting along with Administrator Olson, Director Mika and Alderman Gilson. Alderman Gilson reported that the Library Board discussed cash carryover, city funding assistance, the existing Intergovernmental Agreement from 1997 providing services from the city, sea] coating the parking lot, the Library District fact finding budget issues and revenue from the tax levy. The Library Board will vote on the city's request for funding assistance at their next meeting. Kendall County Food Pantry Treasurer Powell reported that 25 computers without monitors were donated to the food pantry. They are now in need of monitors to be donated. The Minutes of the Regular Meeting of the City Council — Mav 11 2010 — page 6 COMMITTEE REPORTS PUBLIC {WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving the First Amendment to the Amended Annexation Agreement Planned Unit Development Agreement (Blackberry Woods Subdivision) (PC 2010-03) A motion was made by Alderman Spears to approve an ordinance approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Mums. Alderman Spears had the following concerns: • The current amendment locks in fees for 8 years whereas the original locked them in for 5 years. • Instead of waiving the transportation fee could Yorkville collected the fees for the offsite road work, save them and used them later? Administrator Olson explained that the road fees are collected to offset the impact of new residents on the existing roads and are used toward work on roads in the area of the subdivision. The city has waived this in the past or used the fees on perimeter roadway improvements, He confirmed that the fees can be collected and used later. She stated that she supported the collection of the fees to be used later. • When will the land cash fee be collected. Administrator Olson explained that the intent is to ask for immediate delivery of the outstanding land cash obligation at the signing of the amendment. • The original plan identified a park site but now the plan doesn't indicate one. She asked that this be included again. Attorney Kramer, representing the developer, explained the plat had been recorded so the parks cannot be changed. • She went out to the property and noticed erosion at the pond site. The same company has been contracted to redo the ponds and it appears they weren't constructed proper]),. Atto ney Kramer explained that the ponds have not been properly maintained. The same engineer is being used on the ponds however a different contractor will repair them. • Will future homes be built at the same standards as those already there. Attorney Kramer stated that the developer will be meeting with residents to discuss their concerns about this. • There is debris on several lots. Administrator Olson stated that the owner of the lots is responsible to clean them up. Alderman Spears asked that this be addressed. • Is there sewer on Purcell Drive? Attorney Kramer stated that there will be a sanitary sewer and large watermain. He also stated that a Letter of Credit (LOC) will be posted to address the sewer and maintain it. • Will residents be allowed to decide if they want a Homeowmer's Association (HOA)? Attorney Kramer explained that the HOA was for the R-4 residences to address the outside maintenance such as the yards. Alderman Spears asked how the funds paid into the HOA could be found. Attorney Kramer stated that the bank could probably find out and that he would investigate. Attorney Gardiner added that it is not a city obligation to investigate; residents will have to do this. Alderman Sutcliff stated the economy and the state of the subdivision need to be taken into consideration. She felt it was a positive thing to have a quality builder come in and complete the subdivision. Alderman Gilson had the following concerns: • The LOC is 120% of costs based on an engineering estimate from 2005 and he questioned if this was a sufficient amount. He asked if the LOC would be held for the other lots and Attorney Kramer stated that it would. Alderman Gilson felt that waiving the LOCs was not a smart move. • Fees are being locked in until 2018 and costs will increase. • Due to the city's current budget it he felt it unwise to waive the Transportation Infrastructure Fee. He questioned what the transportation fee cover? Administrator Olson reiterated that the fee covers road projects that the city decides are needed in the area of the subdivision. Attorney Kramer added that city has to show that the improvements are uniquely attributable to the subdivision. • If the BOA is waived would the cost associated with a new HOA fall on the residents? Attorney Kramer explained that the developer owns the majority of the lots in the subdivision and will participate in the BOA. Alderman Gilson fell that once this is waived there will be no The Minutes of the Regular Meeting of the City, Council — May 11 2010 — oa e 7 accountability or tracking of the fees. Attorney ]Gamer clarified that the BOA is only being waived on the R4 lots. • Why lock in the International Building Code until 2020? Codes could be upgraded in this time period and the builder should comply. Administrator Olson stated that this was a policy decision by the City Council; the builder feels they cannot develop the subdivision unless the codes are locked in. • When will the city get land cash funds and is there a liability for not collecting it? Attorney Kramer explained that the city would get land cash funds even the unpaid portion. He also stated that he was not sure funds weren't collected. Alderman Gilson stated he could not support the amendment due to his concerns. Alderman Werderich expressed his concern with the lack of notification and information provided to the residents of the subdivision. He felt it was the duty of the city to get the information regarding the amendment to the residents so they could review and digest it. He shared the concems with waiving the transportation fee, freezing the building code and the reduction of the LOC's. He suggested the amendment be tabled so residents could have time to review the information. A motion was made by Alderman Werderich to table the amendment until the next City Council meeting; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-4 Nays-3 Teeling-nay, Gilson-aye, Sutcliff--nay, Munns-nay, Spears-aye, Plocher-aye, Werderich-aye Attorney Kramer commented that if the transportation fee is not waived or the other fees are not locked in, the city will lose the deal with this developer. Amending the Code of Ordinances Amending the Building Department Fee First Reading (EDC 2010-03) Alderman Spears reported that this was the first reading of the ordinance which proposes an increase of Building Department fees as discussed by the Economic Development Committee. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Pasquinelli Signs Alderman Teeling reported that residents of Grande Reserve have requested that the Pasquinelli signs be removed from the subdivision. Administrator Olson stated that he would look into this. Blackberry Woods Subdivision Alderman Spears asked if staff was going to review the comments made tonight and bring back a different document. Mayor Burd stated that the amended agreement would be brought back as is. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Sutcliff; seconded by Alderman Munns Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Mums-aye The City Council entered into executive session at ] 0:18 p.m. The City Council returned to the regular session at 11 :03 p.m. The Minutes of the Regular Meeting of the City Council — May 11 2010 — page 8 ADJOURNMENT Mayor Bard entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 11 :03 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois ***Digital tape recorder malfunctioned — missed 25 minutes at beginning of meeting. CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M . VITOSH , C . S . R . , on May 11 , 2010 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D - 908810 I7EP0 ® COURT reporting service 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail: depocourt @depocourt.com • www.depocourt.com 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . ARDEN JOE PLOCHER , Alderman ; 4 MR . MARTY MUNNS , Alderman ; 5 MS . ROSE ANN SPEARS , Alderwoman ; 6 MS . ROBYN SUTCLIFF , Alderwoman ; 7 MR . WALLY WERDERICH , Alderman ; 8 MR . GEORGE GILSON , JR . , Alderman ; 9 MS . DIANE TEELING , Alderwoman . 10 VIA SPEAKERPHONE : 11 MR . GARY GOLINSKI , Alderman . 12 13 14 MR . BART OLSON , City Administrator ; 15 MR . WILLIAM POWELL , City Treasurer ; 16 MS , JACQUELINE MILSCHEWSKI , ,City Clerk . 17 18 19 A P P E A R A N C E S : 20 BY : MR . TOM GARDNER , 21 Appeared on behalf of the United 22 City of Yorkville , Illinois . 23 - - _ _ _ 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 3 1 ( Pledge of Allegiance . ) 2 MAYOR BURD : The next item on the agenda 3 is the public hearing . We are going enter into to 4 a public hearing on Crestview Builders , 07 07P 5 Incorporated , petition - - petitioner , has filed an 6 application with the United City of Yorkville , 7 Kendall County , requesting an amendment to the 8 Annexation Agreement and Planned Unit Development 9 dated July 12 , 2005 and the amendment to the 07 : 07PM 10 Annexation Agreement and Planned Unit Development 11 dated December 18th , 2007 . 12 The real property consists of 13 approximately 60 acres located south of Veterans 14 Parkway and along Cannonball Trail . 07 : 07PM 15 Is there someone here who would like 16 to speak for the petitioner ? 17 MR . KRAMER : Good evening , Mayor , 18 Aldermen , and members of the public . My name is 19 Attorney Daniel J . Kramer . I am an attorney 07 : 08PM 20 licensed to practice law in the state of Illinois 21 and I represent the petitioner , Crestview 22 Builders , Inc . 23 Basically the folks that live in 24 that subdivision and you , as Aldermen and Mayor Depo • Court Reporting Service ( 630 ) 983 - 0030 4 1 and the Staff of course know , the property was 2 originally annexed to the City and developed by 3 McCue Builders . 4 Unfortunately with these bad times , 07 : 08PM 5 McCue Builders was not able to carry out its 6 obligations and they tendered the property back to 7 Castle Bank , which is the actual owner as we speak 8 here tonight . 9 Crestview Builders has approached 07 : 08PM 10 Castle Bank and has a written contract to purchase 11 the property with the bank and would like to come 12 in and develop the property . 13 Crestview has developed two 14 subdivisions in the City of Yorkville ; they 07 : 08PM 15 developed Greenbriar subdivision , and the 16 principals of Crestview were also involved in 17 White Oak subdivision , both of which turned out to 18 be very nice developments and good additions to 19 the City . 07 : 09PM 20 Primarily with the petition to amend 21 the Planned Unit Development agreement , they 22 wanted to assure to themselves , with the market 23 unfortunately where it is now and none of us 24 having a crystal ball to know precisely when it ' s Depo ^ Court Reporting Service ( 630 ) 983 - 0030 5 1 going to recover , that there would be enough time 2 in terms of some of the entitlements on the 3 property to develop it and perhaps develop it in a 4 little bit more orderly fashion . 07 : 09PM 5 I ' m sure if McCue Builders , as we 6 said at the Economic Development Committee about a 7 week ago , could turn back the hand of time , what 8 they would have done is divided it into phases , or 9 units , had the overall preliminary plan approved , 07 : 09PM 10 but only had maybe a 40 or 50 - lot plan and plat 11 recorded and develop it on an as - need basis . 12 When they go through the process , 13 hindsight always works good , the economy was 14 certainly a lot better , lots were selling , and 07 : IOPM 15 they anticipated they ' d be able to do it all in 16 one fell swoop , which , of course , was not the 17 case . 18 The petition for amendment of the 19 PUD asks that the City Council lock in the fee 07 : 1OPM 20 structure and the entitlements to 2018 ; that ' s one 21 of the requests . 22 A second was that in a certain area 23 of the subdivision , primarily up in the north , 24 that were a little bit smaller lots , originally Depo • Court Reporting Service ( 630 ) 983 - 0030 6 1 they had planned - - that is , McCue Builders - - 2 that they would have an outside maintenance 3 package and a totally separate or sub homeowner ' s 4 association that would do all of the mowing of the 07 :10PM 5 lawn and all of the outside maintenance . 6 Crestview has not done that type of 7 project before , they have built traditional homes , 8 duplexes , and so on , so they ' re asking to amend 9 that agreement that any individual lot owner would 07 : 11PM 10 maintain their own property . 11 Second - - Or thirdly , they are 12 asking to - - even though it is a final plat as to 13 the whole subdivision , there is a portion of the 14 improvements that - - generally on the west , where 07 : 11PM 15 there are no homes , that there is a water line in , 16 so it ' s good for the citizens that live there , you 17 don ' t have a dead - end water main , it ' s looped for 18 the west and the east , so that would be maintained 19 by letter of credit , but on the western portion of 07 : 11PM 20 the property where the roads haven ' t been started 21 as far as the base coat of asphalt and so on , 22 they ' re asking that they not post the letter of 23 credit for that work to begin until they are ready 24 to move into that unit of the subdivision . Depo • Court Reporting Service ( 630 ) 983 - 0030 7 1 Conversely , they could not sell any 2 lots in that unit , that ' s part of the amendment , 3 nor could they even start on those public 4 improvements until they post that letter of 07 : 11PM 5 credit . 6 On the eastern portion of the 7 subdivision where the base coat is in and all the 8 other public improvements are in , Crestview 9 Builders would post the full letter of credit 07 : 12PM 10 under the City ordinances . 11 We also have a very , very detailed 12 landscape plan and detention pond plan . With all 13 this blue up here , it ' s hard to see where the 14 ponds are , but there is a smaller drawing that you 07 : 12PM 15 should have on the screen or in your package . 16 The ponds are in in terms of 17 engineering in the sense they function as 18 drainage , but they need to be cleaned up as far as 19 cattails and so on , and some newer , more 07 : 12PM 20 appropriate type of plantings need to be put in , 21 and it ' s part of the amendment that Crestview 22 would do that at their expense . They would be 23 responsible for an extended maintenance period on 24 that . Depo • Court Reporting Service ( 630 ) 983 - 0030 8 1 One of the things that the McCue 2 Builders did , they actually recorded with the 3 Secretary of State a not - for - profit homeowner ' s 4 association , but they never funded it , never got 07 : 12PM 5 off the ground with it , so that the homeowners out 6 there could activate that association . It ' s 7 current with the Secretary of State at this point , 8 but there is no assessments being made . 9 The City always requests a backup 07 : 13PM 10 SSA , so that as far as the two common features , 11 the two detention ponds , and there is a small sign 12 up at the front of the development , those would be 13 the only thing that could ever be subject for levy 14 on the backup SSA . 07 : 13PM 15 The open space areas , there is two 16 large ones , that when they are complete , they are 17 called for under the original PUD agreement , and 18 that stays the same . They will be deeded to the 19 City once they are completed for park and 07 : 13PM 20 recreation purposes . 21 So that basically summarizes the 22 amendments to the PUD . We ' re happy to answer any 23 questions that we can tonight . Crestview has not 24 closed on the property , they obviously want to see Depo • Court Reporting Service ( 630 ) 983 - 0030 9 1 the amendment approved . 2 As I say , Castle is the owner as we 3 stand here tonight , but we think it ' s an advantage 4 both for the City , for the petitioner , and for the 07 : 14PM 5 neighbors to have a good , reputable builder who 6 will get this thing moving right away . 7 It ' s the intention of Crestview , if 8 the property - - or the PUD amendment is approved , 9 they would close in around 30 days with Castle 07 : 14PM 10 Bank , and it would be their intention to start 11 building homes yet this building season , so that 12 you would see some activity out there and the pond 13 cleanup would get going right away as well . Thank 14 you . 07 : 14PM 15 MAYOR BURD : Thank you . Okay . Is there 16 anyone here who would like to address - - Yes , sir . 17 Please come up to the podium . 18 MR . M . JOHNSON : Hi , I ' m Mark Johnson , 19 Yorkville . First I ' d like to - - just before I 07 : 15PM 20 start , I ' d like to point out a couple things since 21 it ' s got a nice drawing up here that - - as Dan 22 said , the roads right now end someplace in here , 23 here and . here , so this is all just dirt and 24 gravel . Nothing in there . Depo • Court Reporting Service ( 630 ) 983 - 0030 10 1 Another key thing I want you to 2 understand is at the end of this is the Beecher 3 Road extension that I think everybody understands 4 is a main corridor that ' s going to go through , so 07 : 15PM 5 I wanted you just to know that in relationship to 6 these lots as I talk a little bit . 7 Okay . You ' re probably wondering .why 8 I ' m having anything to say to a requested change 9 to a development in my city . I ' ve been very vocal 07 : 15PM 10 for several years now about demanding my city make 11 substantial cuts in its budget . I did not expect 12 the City to allow those cuts on the revenue side . 13 This developer is requesting to cut 14 City revenues for its own profit . I am here 07 : 1GPM 15 tonight to comment on the alarming information 16 that the residents of Blackberry Woods received in 17 their mail concerning their homes . 18 I took out a section here tonight 19 that I found out about an illegal mailing that was 07 : 16PM 20 delivered to mailboxes , but it wasn ' t due to the 21 developer or to the City , so I am taking that part 22 out , but I just wanted you to be aware that many 23 residents didn ' t get notification . 24 The lack of support documentation Depo • Court Reporting Service ( 630 ) 983 - 0030 11 1 for this public hearing is horrendous . Upon 2 finding out about this public hearing a week ago , 3 I went to the City Hall , requested and received 4 all they had , a three - page overview document . 07 : 17PM 5 Last week the City ' s website had no 6 City Council packet available . After digging 7 deeply , I was finally able to find some additional 8 info under the Economic Development Committee 9 packet . 07 : 17PM 10 The average homeowner in Blackberry 11 Woods wouldn ' t be able to understand any of this 12 until tonight ' s public hearing . Then they would 13 be required to state their case with no time to 14 prepare . 07 : 17PM 15 This Council in its infinite wisdom 16 is taking an up or down vote tonight . This 17 happens far too often in our city . Our City brags 18 about transparency , but this hearing proves 19 otherwise . 07 : 17PM 20 Citizen ' s access to all documents 21 concerning public hearings should and must be made 22 available from one same source ahead of time . It 23 must be transparent . 24 By doing hours of research , I have Depo • Court Reporting Service ( 630 ) 983 - 0030 12 1 since found additional information , important 2 information , about this new developer ' s request 3 that was not available to me a week ago . 4 Four to five years ago I heard this 07 : 18PM 5 City Council argue that Yorkville needed more 6 commercial development and less residential . 7 Commercial development brings in money and 8 residential brings in more people and more costs 9 to the City . Those were the words of our City 07 : 18PM 10 Council . 11 Now here is a developer coming into 12 the City wanting to bring more residential growth 13 while paying less than their fair share to our 14 city . 07 : 18PM 15 I ' ll quote the developer and City 16 directly from the City ' s website packet memorandum 17 from Bart Olson , " The petitioner is on an 18 expedited schedule due to the terms of their 19 purchase contract , which is why the final language 07 : 18PM 20 of the contract has not been completed . -" 21 I must comment on this section 22 first . Expedited ? Just because a developer is in 23 a hurry , why should this Council be ? So much of a 24 hurry not to have the contract final ? Sounds like Depo ^ Court Reporting Service ( 630 ) 983 - 0030 13 1 Speaker Pelosi on her new healthcare , pass this so 2 the people can see what ' s in it . 3 Developers have told you many times 4 in the past , Trust me , we just want to be your 07 : 19PM 5 friends and do what makes economic sense . 6 Economic sense to whom ? 7 I also read in the original 8 annexation agreement that there is a five - year 9 freeze on the fees to the City . After July 12th 07 : 19PM 10 of 2010 , the developer must pay all new fees and 11 increased fees to the City . Now they are here 12 asking for reduced fees even from that . Could 13 this be another reason they want their request 14 expedited ? 07 : 19PM 15 Another quote , it is my hope that 16 the Economic Development Committee can give Staff 17 and the petitioner some direction on the policy 18 issues in the amendments so that any disagreements 19 between Staff and the petitioner can be settled 07 : 20PM 20 prior to the City Council public hearing . 21 The Staff and petitioner want 22 direction on policy so it can be settled prior to 23 this hearing ? Excuse me ? When were you going to 24 let the people who live in Blackberry Woods , who Depo • Court Reporting Service ( 630 ) 983 - 0030 14 1 will be the most directly affected , know about 2 this ? After you settled it and reached agreement ? 3 This is what the people got . This 4 is the information that I got via the website and 07 : 20PM 5 whatever basically your packet is . Quite a bit of 6 difference . This is the only thing the homeowners 7 received . 8 Again I quote , The developer is 9 requesting a substantial amount of changes to City 07 : 20PM 10 code and policies to make the subdivision viable . 11 Again I must say , Excuse me ? The original 12 developer is a well - known builder in this 13 community and he was going to make money with the 14 current rules . Don ' t try and make me believe 07 : 21PM 15 Crestview Builders can ' t or won ' t make a fair 16 . profit under those same rules . 17 Quote again , As we have seen in the 18 past few years , residential development has 19 halted . Explain to me why this is a bad thing ? 07 : 21PM 20 Remember , not long ago this Council wanted to slow 21 down or stop the residential growth as compared to 22 the commercial . 23 Comments were made by the City 24 Council at that time that residential building Depo • Court Reporting Service ( 630 ) 983 - 0030 15 1 costs the City more . Do you remember this 2 Council ' s words ? 3 Quoting the City and developer one 4 more time , the developer has stated that the 07 : 21PM 5 existing codes and requirements , et cetera , 6 renders most residential development in this city , 7 and particularly this site , economically 8 unfeasible . 9 Beware of this type of rhetoric 07 : 22PM 10 coming from developers . We have heard it many 11 times before and it usually ends up costing the 12 City and taxpayers money . And just why does it 13 make it unfeasible ? This is a red flag to me . 14 Makes you wonder what they have planned up their 07 : 22PM 15 sleeves for this subdivision . 16 I also have been led to believe this 17 builder is a non - union shop who brings in his work 18 force with him . This may help him be more 19 feasible , but does that create jobs in Yorkville ? 07 : 22PM 20 Secondly , if developers don ' t like 21 how our city does business , then I recommend the 22 developers can just move on down the road to the 23 next town where there are even better deals and 24 soft city governments willing to sell the souls of Depo ^ Court Reporting Service ( 630 ) 983 - 0030 16 1 their citizenry for a few coins . 2 I am a local realtor who has lived 3 in my city for 60 years and I know this town ' s 4 premier development areas . Blackberry Woods is 07 : 23PM 5 one of those shining star development areas . 6 Blackberry Woods has everything , it has Blackberry 7 Creek , the woods , and on December 18th of 2007 , 8 Mayor Burd signed the first amendment and accepted 9 the proper feasible plan for this development . 07 : 23PM 10 The housing market was already in 11 the tank when McCue Builders asked for that 12 amendment . That first amendment was to make it 13 economically feasible also . 14 Just because the City caved in on 07 : 23PM 15 Windett Ridge , as Attorney Kramer stated , by 16 giving the big banks money prorated on components 17 of that development being completed doesn ' t make 18 it right to cave in on all developers . 19 When is this City Council going to 07 : 23PM 20 grow a . set and stick by its commitments to the 21 existing citizens and taxpayers ? It seems like 22 everyone coming into our city with their ideas 23 wants it their way or they threaten to sue our 24 city over the smallest item . Depo * Court Reporting Service ( 630 ) 983 - 0030 17 1 I ask this Council to stand up and 2 quit cowering every time you hear that threat from 31 developers . Bullies need to be punched right 4 smack in the noses sometimes and then they will 07 : 24PM 5 leave you alone . 6 We as a city have been lucky enough 7 to catch a breather here with slower and better 8 development . What we experienced in growth over 9 the last ten years is not normal . What we see 07 : 24PM 10 today in slower growth isn ' t normal either . 11 I promise you , responsible growth is 12 on its way back . When our growth does get back to 13 normal , will we have to hire ten more lawyers to 14 defend the City against all the changes we keep 07 : 24PM 15 making from every developer ? 16 Every change you make now is setting 17 precedence for every developer to follow . It 18 never ends . We are in a growth circle around 19 Chicago . We will be developed . It is just a 07 : 25PM 20 matter of time . But what will we be developed 21 into ? 22 Like the movie It ' s a Wonderful 23 Life , do we want to look like Bedford Falls or do 24 we want to look like Potterville ? Depo • Court Reporting Service ( 630 ) 983 - 0030 18 1 I ask this Council to take a stand 2 now before you create more troubles for the 3 councilmen that follow you . Tell these developers 4 that these are our people ' s and our taxpayer ' s and 07 : 25PM 5 our City ' s terms . 6 We have already agreed to the 7 existing planning and zoning and a lot of good 8 townspeople put these rules together to protect 9 our city , not to mention how unfair it is to the 07 : 25PM 10 12 or 13 existing homeowners who built under the 11 assumption that the entire subdivision would 12 continue as it was originally presented them when 13 they purchased . 14 Now is not the time to run panicked 07 26P 15 into the street and give in to developers who want 16 to change the rules just for their own profit . 17 How poor our memories are to not 18 remember how you all have been treated by 19 developers when they promised to fulfill their 07 : 26PM 20 commitments to everyone in Windett Ridge , Grande 21 Reserve and Bristol Bay . 22 Those investors who have the money 23 today are buying developments for a song and want 24 to maximize their profits . I don ' t blame them , Depo • Court Reporting Service ( 630 ) 983 - 0030 19 1 but they know the rules coming in . Live with 2 them . Don ' t let the developers try to con you 3 into believing they care about anything except 4 more profit for them . 07 : 26PM 5 When developers cease to meet their 6 quotas on profit , they , too , will drop our city 7 like a hot potato and leave us to clean up the 8 mess . 9 That is why cities established the 07 : 27PM 10 rules of letters of credit ; it helps protect 11 current citizens and current taxpayers of our city 12 from profiteering developers . 13 This developer brags about their 14 wonderful developments . One is just off Route 71 07 : 27PM 15 on their website . It ' s named Shadow Creek . It 16 was begun in the building boom of 2003 . They 17 built seven homes there , five in 2004 and two in 18 2005 . They haven ' t built one more since 2005 . 19 What does that tell you about their 07 : 27PM 20 ability to build and sell homes in Yorkville and 21 this development ? And they tell us they are on an 22 expedited schedule for this development ? 23 I also must question this 24 developer ' s motive for not finishing the western Depo • Court Reporting Service ( 630 ) 983 - 0030 20 1 end of this development . That ' s what I talked 2 about here . Could it have anything to do with the 3 fact that the western lots are adjacent to the 4 Beecher Road corridor ? 07 : 28PM 5 Are they going to come back sometime 6 in the future and ask the Council to rezone and 7 make these lots into commercial property ? 8 It seems very strange that 15 lots 9 in this development are owned by H . Linden & Son 07 : 28PM 10 Development . I can point out the ones that they 11 a.re , but they are scattered throughout here . 12 But , amazingly , these four yellow 13 ones right here that just happen to butt up 14 against Beecher Road , and about where the roadway 07 : 28PM 15 ends , these four lots are H . Linden & Son 16 Development . Could they be thinking down the road 17 that that would be an excellent place to put some 18 commercial and get zoning from a new council ? 19 City Council members , now is the 07 : 29PM 20 time to stand up , reflect on and follow the rules 21 we already have in place . Many dedicated people 22 before you made these good , solid rules for 23 developments in our city . 24 Your job as Councilmen is to protect Depo • Court Reporting Service ( 630 ) 983 - 0030 21 1 the residents , not the developers . Don ' t throw 2 all the people ' s hard work away . Stand up and 3 tell these developers that this is our city , 4 respect it and respect our citizens and respect 07 : 29PM 5 our rules . 6 Many of our fine citizens gave a lot 7 of blood , sweat and tears to make this town work . 8 Let ' s not dishonor them by saying they didn ' t know 9 what they were doing . 07 : 29PM 10 Developers and their lawyers come 11 and go , but the citizens invest their lives and 12 families here in our city . That is the life blood 13 of our community . 14 Beginning tonight , I ask this 07 : 30PM 15 Council to begin protecting your taxpaying 16 citizens and not the developers . Tell this 17 developer the existing rules stand as - is . Tell 18 this developer no . Thank you very much . 19 MAYOR BURD : Would anybody else like to 07 : 30PM 20 speak ? Yes , ma ' am . 21 MS . DIDIER : My name is Dawn Didier . I 22 live at 1166 Cody Court , which is in the 23 Blackberry Woods subdivision , and I would just 24 like to say we didn ' t even get that one piece of Depo • Court Reporting Service ( 630 ) 983 - 0030 22 1 paper that you refer to , we luckily saw the notice 2 in the paper , so - - But I did go on the website 3 and was able to dig up some information , so . . . 4 We have two major concerns and then 07 : 31PM 5 some other concerns and I have several questions , 6 I don ' t know if you respond to questions or not in 7 the public hearing setting , but one of our major 8 concerns is that we would like to keep the quality 9 of the homes in the neighborhood itself as what 07 31P 10 was promised to us when we decided to buy there 11 and build there . 12 We did look on Crestview ' s website 13 and it appears as if they do build nice homes , but 14 it seems from the stuff that I read that they can 07 : 31PM 15 sell the lots to other builders , and so one of the 16 concerns that we have is in Section 29B of the 17 original annexation agreement where it talks about 18 successors and assigneds , the third sentence in 19 that paragraph . 07 : 32PM 20 It says that , The obligations and 21 duties of the owners and the developer hereunder 22 shall not be deemed transferred to or assumed by 23 any purchaser of an empty lot or of a lot improved 24 with a dwelling unit who acquires the same for Depo ^ Court Reporting Service ( 630 ) 983 - 0030 23 1 residential occupation , unless otherwise expressly 2 agreed to in writing by such purchaser . 3 And I guess my question then would 4 be does - - if they do sell them to another builder 07 32P 5 for those builders to build the home on for 6 somebody else , are they not obligated to abide by 7 any of the restrictions that are in the annexation 8 agreement ? 9 And specifically that would be 07 : 32PM 10 Section 19 , which is the covenants , and Exhibit J . 11 which is the architectural standards . 12 So I just want to make sure that if 13 they sell to other builders that those builders 14 are going to have to abide by the architectural 07 : 32PM 15 standards and the covenants that , you know , we 16 were promised that there were going to be 17 restrictions on use and stuff like that , which 18 another major concern is the Section 19 , which are 19 the covenants . 07 : 33PM 20 The original agreement required 21 McCue Builders to impose covenants , conditions and 22 restrictions relating to facade materials , 23 accessory structures and other building 24 restrictions at the time the final - - of the final Depo • Court Reporting Service ( 630 ) 983 - 0030 24 1 plat submittal . 2 McCue Builders did develop them , but 3 they did not record them , so that means none of 4 the lots in there have to abide by any 07 33P 5 restrictions , and know that the CCR ' s talk about 6 the establishment of the homeowner ' s association , 7 but they also talk about restrictions of use , you 8 know , so right now there are - - none of the lots 9 have any restrictions of use . You know , we don ' t 07 : 33PM 10 want someone going in there and putting in a chain 11 link fence or something like that that ' s not 12 supposed to be there . 13 So another question that I have is 14 is Crestview going to come up with their own CCR ' s 07 33P 15 and record those so at least those lots that are 16 affected by their petition to amend would have 17 CCR ' s located on them , so there would be some 18 restrictions of use because we want the 19 neighborhood to be the quality that , you know we 07 : 34PM 20 were promised , and if they are only asking for 21 certain amendments of the agreement , then the 22 covenants would still stand because they did not 23 ask for an amendment for Section 19 , so I would 24 ask that they are required to have CCR ' s and that Depo • Court Reporting Service ( 630 ) 983 - 0030 25 1 they are required to record them for the lots that 2 they are going to be buying because , if not , then 3 future builders and purchasers down the road , they 4 won ' t be aware of anything if they are not 07 : 34PM 5 recorded . Because when we bought , you know , it ' s 6 not on our title insurance , it wasn ' t on our title 7 commitment , the CCR ' s . And in the CCR ' s it ' s 8 stated that the purpose was to secure an 9 attractive harmonious residential development 07 : 34PM 10 having continuing appeal . We want that to 11 continue . 12 Another major concern we have is the 13 homeowner ' s association versus the SSA . One of 14 the enticements McCue used when we bought was that 07 : 35PM 15 there is no SSA , there is no SSA , come and build 16 in Blackberry Woods , there is not going to be an 17 SSA here . We would not have bought there if there 18 was an SSA . 19 Section 20 of the original agreement 07 : 35PM 20 states that a dormant SSA would be enacted at the 21 time of the final plat approval . First final plat 22 approval was May 21st of 2007 , and then apparently 23 there was a corrected one that was approved on 24 July 20th of 2007 , and so my question is was there Depo • Court Reporting Service ( 630 ) 983 - 0030 26 1 a dormant SSA that was enacted at the time that 2 the final plat was approved as is stated in the 3 original annexation agreement . 4 I ' ve seen a couple of drafts for 07 : 35PM 5 this first amendment that Crestview has proposed . 6 In the first draft that I saw , in that section it 7 said that there would be an SSA that would be 8 established to include all parcels in Blackberry 9 Woods and they wanted it immediately activated , 07 : 36PM 10 but in the April 28th draft that I read , it talked 11 about waiving the requirement of the homeowner ' s 12 association for the R4 District only , it didn ' t 13 mention anything about the R2 District , and so 14 another question I have is does that mean the 07 : 36PM 15 homeowner ' s association for R2 District stands ? 16 And then it also - - then in the 17 second paragraph , that ' s actually Section 6A in 18 the proposed first amendment , and 6B talks about 19 then implementing a backup SSA . 07 : 36PM 20 Now my question for that is you took 21 out the words " all parcels in Blackberry Woods " , 22 so does that mean that this new backup SSA , if , in 23 fact , that happens , will apply only to the lots 24 that are going to be owned by Crestview Builders Depo • Court Reporting Service ( 630 ) 983 - 0030 27 1 and not by the ones that the homeowners already 2 own in Blackberry Woods ? 3 I don ' t think that we should be 4 punished for McCue going under , especially if the 07 : 37PM 5 first dormant SSA wasn ' t an active one , it said it 6 was going to be under the original annexation 7 agreement . 8 I think that a current SSA , if , in 9 fact , you ' re going to do that , should only apply 07 : 37PM 10 to the parcels that are included in Crestview ' s 11 petition , which are not the ones that are already 12 owned by the homeowners that live there . 13 Another question that I had was on 14 the detention ponds , and I think Mr . Kramer might 07 : 37PM 15 have answered this . My understanding from the 16 April 30th , 2010 memo from Staff said that the 17 ponds were not within compliance of the landscape 18 plan or the City ' s landscape ordinance , and I 19 believe he said that they were going to clean 07 : 37PM 20 those up and bring those up to your standards and 21 that they were going to pay for that themselves . 22 I just wanted to make sure of that , that that 23 wasn ' t going to be put on our backs as well . 24 Another question that I have is that Depo ^ Court Reporting Service ( 630 ) 983 - 0030 28 1 Crestview ' s application and petition to amend , 2 which was dated April 12th of 2010 , stated that 3 they were the contract purchaser and that Castle 4 Bank was the holder of legal title , and I believe 07 : 38PM 5 Mr . Kramer also - said that Castle Bank is the 6 actual owner of all of those lots that are 7 included in their petition to amend , but the first 8 amendment that is before you tonight , which I 9 believe you are going to vote on later tonight , 07 : 38PM 10 states in there that Crestview is the owner of 11 record . 12 That obviously is not true , and so I 13 don ' t know how you can approve an agreement that 14 says that they are the owners when they are not 07 : 38PM 15 the owners because they ' re as signatories as the 16 owners and that is not the case . The contract 17 purchaser does not mean that they are the owners 18 of record . 19 Another thing that we were concerned 07 : 38PM 20 about is that - - if this passes that Crestview 21 would be required to maintain the lots in a clean 22 and presentable condition , including mowing and 23 cleaning up the junk . 24 Last year the weeds on both of the Depo • Court Reporting Service ( 630 ) 983 - 0030 29 1 lots along our lot probably grew to three or 2 four feet high . Eventually McCue did come out and 3 mow them only because I called and asked them to . 4 So I don ' t know if - - Can we call 07 : 39PM 5 Crestview to ask them to come out and mow or are 6 they going to be required to do that ? I would 7 imagine the City has an ordinance that it can ' t be 8 higher than eight or 12 inches , whatever it might 9 be . 07 : 39PM 10 And also in Lots 5 and 6 , which is 11 between our lot and Scott ' s lot , there is a lot of 12 junk . There is wood , there is a blue tarp , which 13 who knows what ' s under that , there is a big 14 twisted up piece of metal , there is a pile of 07 : 39PM 15 gravel , and it looks just pretty bad . And also 16 Lot 1 , right when you come in the subdivision , all 17 of McCue ' s signs that were in the individual lots 18 are just thrown in there and that looks pretty 19 bad , too , so I would hope when they do , in fact , 07 : 40PM 20 buy it , Crestview buys it , they would go and clean 21 it up so at least it looks nice . 22 Another issue that I had with what 23 Mr . Kramer said is that McCue did , in fact , 24 establish the homeowner ' s association and they did Depo • Court Reporting Service ( 630 ) 983 - 0030 30 1 record it with the Secretary of State , but they 2 are not in good standing . I checked the website 3 today . 4 We have paid assessments to that 07 : 40PM 5 homeowner ' s association . Yes . We had to pay an 6 initial assessment when we closed and then we have 7 gotten some bills throughout the - - you know , the 8 first year - - we haven ' t lived there that long 9 obviously , but we have paid assessments . I don ' t 07 : 40PM 10 know where that money is . Hopefully we can find 11 out from McCue where that money is , hopefully it 12 can go to help with the common areas . So we have 13 paid some money into that assessment . 14 One other thing , and this would be 07 40P 15 for the City , Section 12 did provide for the park 16 donation . Is it my understanding that it will be 17 eventually made into a park at some point ? The 18 lots - - there was 4 . 32 acres given to - - Do you 19 know when that will happen ? 07 41P 20 MR . OLSON : I don ' t . 21 MAYOR BURD : Mr . Kramer , do you want to 22 address any of these questions ? 23 MR . KRAMER : Yeah , I think I could 24 answer many of Miss Didier ' s fairly quickly . Are Depo ^ Court Reporting Service ( 630 ) 983 - 0030 31 1 you - - I don ' t want to cut in . 2 MS . DIDIER : I am done for now . 3 MR . KRAMER : Oh , okay . We ' ll see how I 4 did keeping notes . In terms of the original 07 : 41PM 5 annexation agreement , that ' s why Crestview is here 6 with a very specific petition with a very few 7 number of changes , because anything that ' s not 8 actually voted upon to be modified is binding on 9 successors , heirs and assigneds . 07 : 41PM 10 So if Crestview closes and purchases 11 the property from Castle Bank and if the City 12 approves the specific changes that they ' re asking 13 in this amendment , they still , as the owner of the 14 property , are bound to each and every original 07 : 42PM 15 term of the original annexation agreement , the PUD 16 agreement that McCue Builders originally entered 17 into , other than these specific changes . That ' s 18 why they ' re asking for these . 19 In terms of major concern about the 07 : 42PM 20 draft of covenants , we know Mr . McCue prepared 21 them , he simply never recorded them , and , again , 22 we ' re not patting him on the back about that , I 23 suspect at the time he planned on building all of 24 the homes himself is why he developed the Depo • Court Reporting Service ( 630 ) 983 - 0030 32 1 subdivision , so he probably wasn ' t worried about 2 other builders coming in . 3 Crestview Builders has been served 4 with a copy of those covenants that McCue did from 07 : 42PM 5 the bank and they plan to honor those covenants , 6 and frankly would even like to upgrade them a bit 7 in terms of quality in some of the conditions that 8 are in them , so they do plan on getting the 9 covenants recorded . 07 : 43PM 10 Mr . McCue allegedly , when he closed 11 with Linden Builders - - or Linden Underground , 12 actually had them sign a receipt that they had 13 viewed those covenants and agreed to be bound by 14 them , so we have asked them to turn that over to 07 : 43PM 15 the bank and Crestview Builders , but the covenants 16 were a definite go on . 17 In terms of the SSA , it ' s always a 18 confusing subject , and , again , I think we ought to 19 step back . You folks have heard it ad infinitum 07 : 43PM 20 here at City Council about SSA ' s . There are two 21 types of SSA ' s , as most of us know . There is a 22 special tax service area , just taking Grande 23 Reserve as a example , where basically what a 24 developer does is they literally have the Depo • Court Reporting Service ( 630 ) 983 - 0030 33 1 purchasers of lots participate with the cost of 2 the public improvements . 3 So generally the cost of public 4 improvements for a lot might be somewhere between 07 44P 5 30 and $ 50 , 000 . The theory is that if the 6 homeowner is participating in that SSA bond and 7 paying that over a 20 to 30 - year period , they 8 should be able to buy a home then 30 , 000 cheaper 9 at market value than if a developer was putting 07 : 44PM 10 all that in , borrowing the money , and so on . 11 I ' m sure what McCue Builders 12 marketed this property as - - and I ' m familiar with 13 their ads - - was that there was no SSA of that 14 type ; in other words , that its owners were not 07 : 44PM 15 buying into paying a 30 - year bond to pay for 16 water , sewer or roads , and that still is true . 17 The original annexation agreement , 18 like all of yours on residential developments , had 19 a dormant or backup SSA , and that ' s the residents ' 07 : 44PM 20 of the , city as a whole protection , that if there 21 is a homeowner ' s association at a newer 22 development and they don ' t maintain the common 23 areas - - and again , here we have three common 24 areas , we ' ve got the entry sign and the two Depo • Court Reporting Service ( 630 ) 983 - 0030 34 1 detention ponds - - then down the line if a 2 homeowner ' s association doesn ' t do that , the city 3 has a way of levying that cost just against the 4 residents of that subdivision and not affecting 07 : 45PM 5 the city as a whole , and we are asking in the 6 amendment that the backup be created . The 7 original dormant was . part of the original 8 annexation agreement . 9 Now , with the ponds , again , we ' ve. 07 : 45PM 10 got a very lengthy document that gets attached to 11 this as an exhibit . As I have indicated , they are 12 functioning from an engineering and stormwater 13 review , it ' s more of an aesthetic and plant - type 14 that ' s not now . 07 : 45PM 15 Again , Crestview would be taking on 16 the obligation to do all of that work at its 17 expense , and it provides a five - year maintenance 18 period , so even though the dormant would be 19 placed - - or put in place now , you still have the 07 : 45PM 20 developer maintaining that for a five - year period . 21 There was a question I believe about 22 owner of record , and that ' s absolutely correct 23 what we said , Castle Bank , N . A . is the owner of 29 record here . Depo * Court Reporting Service ( 630 ) 983 - 0030 35 1 Again , if this amendment is approved 2 by the City Council , it will not be executed by 3 the developer until they close on the property and 4 it won ' t be effective until they close on the 07 : 46PM 5 property because , again , Castle Bank obviously 6 wants to make sure that if it ' s Crestview that 7 they are dealing with , they are the ones who 8 close , so it would be Crestview executing it as 9 owner of record because they are the ones actually 07 : 46PM 10 developing the property . 11 Castle Bank is not a developer , 12 that ' s not in their corporate charter , they don ' t 13 have permission to do it , so they would not be 14 doing any development . 07 : 46PM 15 If it was not Crestview Builders 16 here , you could end up with a situation where 17 Mr . Johnson talked about , that you could have an 18 investor coming in - - and that ' s not to demonize 19 anybody as an investor , that ' s sometimes the way 07 : 47PM 20 business works , but we have a lot of unbuilt 21 subdivisions and titled land around the city 22 that ' s selling at a very , very distressed price by 23 investors who have the capital to do it who have 24 no intention of going in and finishing the Depo ^ Court Reporting Service ( 630 ) 983 - 0030 36 1 improvements or bettering the neighborhood . 2 Here Castle has gone out of its way 3 to fund a reputable developer that ' s already been 4 in the community , that ' s done a good job , and one 07 : 47PM 5 of the conditions and profiles they were looking 6 for was somebody strong enough to come in and 7 start developing again so they don ' t leave that 8 neighborhood sitting with unbuilt lots , the debris 9 Mrs . Didier talked about next door and down the 07 : 47PM 10 street for a lengthy period of time . 11 Again , if the amendment is approved , 12 as we have indicated , the closing would take place 13 in 30 to 45 days at the most . Crestview would go 14 in and clean up the vacant lots , they would 07 48P 15 maintain the mowing and the project , and contrary 16 to - - and I need to flip over to Mr . Johnson ' s 17 concern , they have not asked not to finish the 18 roads in the western portion of the subdivision , 19 they have simply said we ' ll finish what is started 07 : 48PM 20 with the base coats now , and when that ' s closer to 21 be building out , we ' ll post the letter of credit , 22 we can ' t sell any property until we do that , and 23 then we ' ll go in and complete the rest of it in an 24 orderly fashion . DepoeCourt Reporting Service ( 630 ) 983 - 0030 37 1 There was no mystery of how Linden ' s 2 acquired some lots . It ' s public record . McCue 3 ran out of money . And no , he was not able to 4 develop it under the current agreement . He lost 07 48P 5 the property unfortunately . 6 Linden ' s had bills for the 7 underground sewer and water they put in and it was 8 a way to pay off a local contractor so there 9 wasn ' t litigation or anything , so Linden ' s took 07 : 49PM 10 lots in exchange for payment . No secret , no 11 deviousness whatsoever . 12 In terms of the park donation , 13 again , the original annexation agreement that 14 Crestview would be bound by requires that U : 49PM 15 dedication . We have a strict ordinance in the 16 city of what standard that park property has to be 17 brought up to to turn over . They ' re not asking 18 for any relief from that whatsoever . 19 And if you want , I ' ll answer a few 07 : 49PM 20 of Mr . Johnson ' s questions when I am up here as 21 well . 22 MAYOR BURD : Go ahead . 23 MR . KRAMER : Number one , the petitioner 24 has not asked to get rid of any existing City Depo ^ Court Reporting Service ( 630 ) 983 - 0030 38 1 building codes . All they ' ve asked in the 2 amendment is to be sure of the codes they are 3 dealing with right now and asking that those codes 4 that are in place today , which is the 07 : 49PM 5 International Building Code , be the code that this 6 gets developed up through December 31 of 2018 , 7 which is something you ' ve done in other instances 8 in the city . 9 I don ' t know where a reference came 07 : 50PM 10 in regard to this petitioner or myself in regard 11 to Windett Ridge . Don ' t represent them , we didn ' t 12 mention them at the Economic Development Committee 13 last night , and you have never heard us say , Us , 14 too . We asked for certain specific things . 07 : 50PM 15 The only fee that they have asked 16 any modification of was the City transportation 17 fee , and they have agreed to do some off - site 18 actual road work in exchange for that . They 19 haven ' t asked any other fee forgiveness . 07 : 502M 20 And , frankly , in 2012 , you can lower 21 your fees . I think the village president of 22 Plainfield took a real courageous stand about 23 60 days ago , he did a letter to the entire 24 community that said , we hear things like Depo • Court Reporting Service ( 630 ) 983 - 0030 39 1 Mr . Johnson said - - and I respect him for what he 2 said , I just disagree - - that we don ' t need 3 residential development . 4 Well , any of you who have driven 07 : 51PM 5 through Plainfield downtown the last year or so 6 seen there ' s been a wonderful 7 renaissance of restaurants and community 8 development downtown . 9 The mayor in this letter indicated 07 : 51PM 10 that we have a real problem , we ' ve got all these 11 wonderful new businesses and they are just dying 12 on the vine because we don ' t have enough 13 residential , and right now it ' s a very big 14 problem . We can ' t get people in because our 07 : 51PM 15 building permits are costing over $ 30 , 000 in 16 impact and entitlement fees , we ' re not going to 17 get anybody pulling permits , so on an interim 18 basis they have actually cut their impact fees 19 virtually in half . Very courageous stand . Much 07 : 51PM 20 like the federal government with the stimulus 21 program . If nothing is happening , let ' s try and 22 stimulate it in some fashion . 23 Crestview isn ' t asking you to lower 24 anything but the transportation fee , and they are Depo • Court Reporting Service ( 630 ) 983 - 0030 40 1 taking up a share of off - site work . All they ' re 2 saying is lock in the fees you have now so that we 3 know what our costs are and we can live with them . 4 So in that respect , I think it is a 07 : 52PM 5 good agreement for the citizens . It ' s not asking 6 anybody to sacrifice . It ' s not asking to get out 7 of anything . And , frankly , I think the 8 neighborhood is way better off getting , again , a 9 good quality developer who keeps the covenants in 07 : 52PM 10 place , who gets on with development and moves 11 ahead . 12 Mr . Johnson asked about a 13 development that Crestview or its principals have 14 done out in the county called Shadow Creek . I bet 07 : 52PM 15 you the City of Yorkville would love to have that 16 development . While there hasn ' t been a lot of 17 permits pulled recently , those homes are in the 18 five to 12 , 000 - square foot range . The tax bills 19 in those are like mini referendums for the school 07 : 52PM 20 district . 21 It ' s no secret why those homes or 22 permits haven ' t been pulled quicker . In Kendall 23 County - - and you can ask a number of realtors who 24 watch the Multiple Listing Service - - there has Depo • Court Reporting Service ( 630 ) 983 - 0030 41 1 been less than a half a dozen homes since last 2 July that have sold in Kendall County in excess of 3 $ 500 , 000 . You simply can ' t get a loan on homes 4 that big anymore , so it ' s got to be a cash builder 07 : 53PM 5 who doesn ' t need a loan . 6 The homes in this neighborhood would 7 be a much more affordable type of housing , and yet 8 they ' re not cheap at all . The covenants are still 9 the same . 07 : 53PM 10 So I think I ' ve answered, or tried 11 to , most of the questions , and we ' ll be happy to 12 listen to any more comment and again try and 13 answer . Thank you . 14 MAYOR BURD : Lynn ? 07 : 53PM 15 MR . OLSON : Just one technical issue . 16 If Alderman Golinski is still on the line , he is 17 having trouble hearing , so if you can speak into 18 the microphone , preferably not to cause feedback , 19 it would be appreciated . 07 53p 20 MS . DUBAJIC : I am Lynn Dubajic , the 21 executive director of the Yorkville Economic 22 Development Corporation . 23 1 Many of you know that I have been 24 working diligently with many of the retailers Depo • Court Reporting Service ( 630 ) 983 - 0030 42 1 throughout our town , and specifically at Kendall 2 Marketplace . I am often questioned about what ' s 3 going on with Kendall Marketplace , there has not 4 been a single outlot sold there , and we are 07 : 54PM 5 getting some interest as the economy does seem to 6 be coming back , and one of the questions that I am 7 asked again and again is when are we going to 8 really start to see permits pulled in Yorkville 9 and get some homes started . 07 : 54PM 10 I have built a house twice in my 11 life and I know what it ' s like to live in a 12 subdivision that is not finished and you want it 13 to get done , you want the sidewalks to connect , 14 and this subdivision is very close obviously to 07 : 54PM 15 Kendall Marketplace , it would be an excellent 16 example to point to as I work with these retailers 17 and restaurants that are looking at our community 18 to see that there is activity in Yorkville , that 19 we have a success story . 07 : 55PM 20 I ' ve known Crestview Builders for 21 many , many , many years , and I know that if you do 22 some research on them that they are an excellent 23 quality builder and , you know , while these houses 24 might not be the size of the houses in Shadow Depo • Court Reporting Service ( 630 ) 983 - 0030 43 1 Creek , I wouldn ' t want to have to deal with a 2 house in Shadow Creek , they are too big , but I 3 think that it is really wonderful that it ' s a 4 local builder who actually lives in Kendall County 07 : 55PM 5 that ' s willing to come to our town to take this on 6 and stimulate some things so that we can see other 7 things happening in our town as far as commercial , 8 retail , restaurants , and I hope that this is just 9 the beginning , that we can see the success story 07 : 55PM 10 translate into other success stories throughout 11 our town . Thank you . 12 MAYOR BURD : Would anyone else care to 13 make a statement ? 14 MR . GINOCCHIO : Please . 07 : 56PM 15 MAYOR BURD : Yes . Yes , sir . 16 MR . GINOCCHIO : Thank you , Mark' , for 17 putting your time into this , and Dawn , I 18 appreciate your concerns in going over what little 19 could be made available to us . 07 : 56PM 20 I live at 868 Purcell and I ' m real 21 proud to be a resident now of Yorkville , Illinois . 22 I lived in Princeton , Illinois for 20 years . I ' ve 23 made my livelihood in Kendall County for almost 24 40 years . That ' s probably how long I know the Depo • Court Reporting Service ( 630 ) 983 - 0030 44 1 distinguished Mr . Kramer . 2 And it ' s very assuring to hear what 3 Dan has said to us tonight , and the same way with 4 the economic , is that we are here to watch this 07 : 57PM 5 growth go , and I , too , received this notice in my 6 mailbox and I responded the next morning to come 7 to the City Hall for my first trip, and I received 8 in writing what you are voting on tonight . 9 If this is all you received , it ' s 07 : 57PM 10 not real , real complete , and I think that ' s what 11 concerns me more . Yes , there are different kinds 12 of special services area . In fact , that - - those 13 letters , SSA , is almost like a dirty word . You 14 have to be very , very careful on how you use it . 07 : 57PM 15 So when I read this initial draft 16 that was made available to us , none of the 17 exhibits that they are refer to here are in this 18 document for us to read and have an opportunity to 19 truly be prepared , and I don ' t know if the 07 : 58PM 20 language is specific enough . 21 I mean , yes , I had to go out and get 22 a lawnmower and cut my lawn this summer and it was 23 kind of fun , but I did make association dues 24 payments the last year , and the last year I think Depo • Court Reporting Service ( 630 ) 983 - 0030 45 1 it was probably one of Billy ' s sons had been 2 cutting the grass and the hills around us and a 3 little bit around the ponds . 4 I cut the two hills around us , it ' s 07 : 58PM 5 kind of fun to do it , but - - and I will do it as 6 long as I am capable of doing it because everybody 7 wants to help keep their area looking nice , and 8 yes , I kind of moved those ugly pieces of wood and 9 rocks around and that type of thing , but that ' s 07 : 58PM 10 not really what specifically concerns us , is that 11 I just see some of the language so broad , you 12 know , they want to allow a special services area . 13 It wasn ' t specific enough for my reading of this , 14 that it just was limited to the entryway and the 07 : 59PM 15 ponds , and then what about the hills , and I wonder 16 if I ' m going to end up paying for the sidewalk 17 that goes all the way from the entryway all the 18 way past pond number one and then along the next 19 road and along this whole Cannonball Trail because 07 : 59PM 20 their accesses are all on the side streets , but 21 Cannonball Trail appears to have a sidewalk that 22 is going to go all the way along , and it ' s kind of 23 laid out for it , but when I hear this back tax - - 24 let ' s call it what . it is - - I just want to make Depo • Court Reporting Service ( 630 ) 983 - 0030 46 1 sure that when you go to vote that you know that 2 the language is specific enough and that if for 3 some reason we are all chipping in together to pay 4 for someone to cut the grass - - and somebody was 07 : 59PM 5 out there today taking care of the flower bed I 6 think , isn ' t that right ? Yeah , somebody was out 7 there taking care of that . 8 And so we ' re not - - you know , if all 9 the lots are contributing to that on an equal 08 : OOPM 10 basis , then that sounds fine , but that ' s not 11 what ' s written here , so I don ' t know if a vacant 12 lot and a lot with a house 'all pay the same 13 amount . I don ' t know . 14 And that ' s what I caution you on , is 08 : OOPM 15 that when I went through this , then I read it a 16 second time and third time , you know , it ' s not the 17 end of the world that I lose my association , which 18 gives us better control and opportunities to 19 control bills and make sure that the quality of 08 : OOPM 20 the work is done at the level we want . 21 If we turn that responsibility over 22 to the City , I am enjoying Yorkville and I think 23 that the City Fathers and the people responsible 29 to maintain those areas hopefully will maintain it Depo • Court Reporting Service ( 630 ) 983 - 0030 47 1 at the level that ' s acceptable to everybody . It ' s 2 kind of like common sense . 3 But what I see here as what is 4 proposed , I just ask that some of the - - you know , 08 : OOPM 5 when Dan tells me that it ' s - - that they ' re going 6 to do this and it sounds real good , and if Dan 7 tells me something like that , I - - I ' m almost 8 convinced , because I have relied on his word many 9 other times in other transactions , that that ' s 08 : 01PM 10 what ' s . going to happen , but because when I hear 11 fellas like Mark talk , he ' s got a little more 12 experience than I do , he ' s been in this area a 13 little bit longer , and it sounds like that we ' ve 14 had dealings with other developers , and so I just 08 : O1PM 15 caution us to make sure that whatever is agreed on 16 is specific enough and not - - this is awfully 17 open - ended , and that ' s what I ask , is that it be 18 more articulate as to what the demands are , 19 especially if there is going to be a back tax . 08 : o1PM 20 Does that mean they ' re going to go 21 back - - because I ' ve been there the longest , three 22 years , that I ' m going to get three years worth of 23 taxes ? Don ' t know . It could - - you know , it all 24 depends on who is interpreting it and who is Depo • Court Reporting Service ( 630 ) 983 - 0030 48 1 reading it . I just don ' t find it specific enough . 2 But I do enjoy using my lawnmower . Thank you . 3 MAYOR BURD : Thank you . 4 ALDERMAN SPEARS : Could you state your 08 : 01PM 5 n ame ? 6 MAYOR BURD : Excuse me . Could you 7 explain about that , the SSA , somebody here , this 8 is an amendment ? 9 And I think part of the problem 08 : 02PM 10 perhaps is you didn ' t get the original document ; 11 is that correct ? You just got the amendment ? 12 MR . GINOCCHIO : Well , we received this , 13 and in there it says that the form of the amended 14 PUD agreement is on file with the City Clerk , so I 08 : 02PM 15 went to the City Clerk , and my wife , Susan , went 16 around and passed around to some of the neighbors 17 a copy of what we read , and this document , which 18 was - - you know , we were told to go and pick up , I 19 suspect it ' s the same thing that Mark picked up 08 : 02PM 20 and probably got a little frustrated , and I ' m sure 21 Dawn probably picked it up , too , because she was 22 reading from paragraph six , which is the special 23 assessment , there is no mention in here about a 24 back tax , so that had to come from the internet or Depo ^ Court Reporting Service ( 630 ) 983 - 0030 49 1 just from trying to get more information . 2 MAYOR BURD : Right . I think she was 3 also referencing , though , the original document 4 that this amends . This is only a few amendments 08 : 02PM 5 to a much larger document and the much larger 6 document has more detail to it . These are only 7 amendments to a few pages . 8 Is that what you have , the original 9 document ? 08 : 03PM 10 MR . GARDNER : Right . 11 MAYOR BURD : Could you show them how big 12 this document is ? This is a very detailed 13 document . I mean , more - - a very detailed 14 document . 08 : 03PM . 15 MR . GINOCCHIO : That part I can 16 appreciate - - 17 MAYOR BURD : Right . 18 MR . GINOCCHIO : - - but the changes they 19 are making reference to , especially in paragraph 08 : 03PM 20 six , as Dawn pointed out to you , you know , because 21 this starts on just the lots that Crestview 22 Builders is anticipating closing their deal on , 23 but paragraph six alludes to all the lots in the 24 subdivision are subject to a special services , and Depo • Court Reporting Service ( 630 ) 983 - 0030 50 1 it implies - - and I heard Dan say it was just for 2 the - - 3 MAYOR BURD : Backup SSA . 4 MR . GINOCCHIO : It ' s just for the 08 03P 5 - entryway and the ponds . But as I just mentioned 6 to you , you know , I think there is more common 7 area out there than you might think because there 8 is more sidewalk that needs to be coming in , there 9 are some nice hills that are not on specific lots . 08 : 04PM 10 They are right along here . 11 MAYOR BURD : But I think the City 12 Administrator could define public improvements 13 versus - - 14 MR . OLSON : Sure . The creation of the 08 : 04PM 15 backup SSA was only to cover maintenance of the 16 common areas , so detention basins and the area 17 around it that ' s not contained within a 18 residential lot , If there is a lot that contains a 19 public monument on it or if there is a median in 08 04P 20 the roadway , those type of things . 21 The way I understood it - - and , 22 Attorney Kramer , correct me if I am wrong- - but 23 we were waiving the requirement to establish a 24 homeowner ' s association on the R4 portion , so Depo • Court Reporting Service ( 630 ) 983 - 0030 51 1 that ' s the western portion of the smaller lots , 2 but , in turn , we were establishing an SSA on all 3 of the lots in the subdivision to maintain the 4 common areas , maintain the detention basins going 08 : 04PM 5 forward , and do the mowing of those areas , and so 6 I believe what was contemplated - - although I 7 don ' t know if it ' s necessarily written clear 8 enough in the agreement - - is that the HOA that ' s 9 required under the R2 portion would actually be 08 : 05PM 10 dissolved because I believe that in the agreement 11 it does state that the purpose of the homeowner ' s 12 association , the R2 portion , is to do the things 13 that the backup SSA would be created for . 14 MR . GINOCCHIO : There are two areas on 08 : 05PM 15 the association . One , if you had your grass cut , 16 it cost like 1400 and some odd dollars for the 17 summer . The second part was if you didn ' t have 18 your grass cut , it cost like 300 or $ 400 , and I ' d 19 like to get to - - you know , again - - and if I get 08 : 05PM 20 a tax bill _ and it ' s 3 , $ 400 to cut those - - all , 21 you know , for the rest .of the summer , that ' s not 22 going to hurt , but , you know , because we don ' t 23 know or we ' re a little bit - - we just wanted to 24 make sure this evening , and I think that ' s why Depo • Court Reporting Service ( 630 ) 983 - 0030 52 1 most of the folks turned out , one , we wanted to 2 make sure that we didn ' t have any kind of an 18 , 3 20 , $ 30 , 000 bill coming our way . 4 MR . OLSON : No . 08 : 05PM 5 MR . GINOCCHIO : Secondly , that if I 6 don ' t have an association that I have to pay 3 , 7 $ 400 to , and if I end up paying 3 , $ 400 to the 8 City of Yorkville , and as long as they ' re doing it 9 and I don ' t have to complain to the mayor that it 08 : 06PM 10 never gets cut , then you ' re going to have happy 11 neighbors and then hopefully the growth can 12 continue . 13 But my concern is I just didn ' t see 14 this specific enough spelling that out for me that 08 : 06PM 15 I felt it necessary that I better show up here 16 tonight to make sure that something is not rammed 17 down our throats . 18 MR . OLSON : Sure . Section 6A and 6B 19 discuss the contemplation of a backup SSA . To 08 : 06PM 20 actually form the backup SSA , there would have to 21 be I think there is two ordinances ; one of them is 22 called an enactment ordinance and the other one is 23 called a resolution , if I remember correctly . 24 It ' s been a couple years since we ' ve done it . Depo • Court Reporting Service ( 630 ) 983 - 0030 53 1 And so in those two ordinances , 2 that ' s where we would establish the dollar amount , 3 estimate it , you know , there would be a cap in the 4 ordinance where it would say , you know , we would 08 : 06PM 5 never able to levy beyond this amount without 6 going back to the residents and getting their 7 approval , and that would further detail , you know , 8 which areas , you know , there would be , a legal 9 description of the areas to be maintained and the 08 : 07PM 10 services to be provided . 11 MR . GINOCCHIO : So are those dollar 12 amounts set before you vote or that all happens 13 afterwards ? 14 MR . OLSON : That would all happen 08 : 07PM 15 afterwards because we ' re not doing those 16 ordinances simultaneously with this amendment . 17 MAYOR BURD : This doesn ' t create the 18 SSA - - 19 MR . OLSON : Correct . 08 : 07PM 20 MAYOR BURD : - - this just says that 21 there would be one , and then we have to have 22 another ordinance that we would pass that would 23 give - - spell out everything about it . 24 MR . GINOCCHIO : Keeping in mind that the Depo • Court Reporting Service ( 630 ) 983 - 0030 54 1 folks that purchased in this subdivision and are 2 currently living there came in at top dollar - - 3 and I just got my tax bill , got a break , it ' s 4 twice of what I ever - - three times what I ever 08 : 07PM 5 paid in Princeton , but that ' s okay , I am 6 concerned , and that ' s what I raise as a resident 7 of Blackberry subdivision . 8 I am concerned that the charges I 9 incur from the City will not be in line with what 08 : 0aPM 10 I would have got charged by the association . 11 That ' s one of my concerns . I mean , I have to be 12 candid and blunt about it . 13 So , Mayor , I ' m just letting you know 14 that - - 15 MAYOR BURD : I appreciate it , right . 16 MR . GINOCCHIO : - - I don ' t have a real 17 problem with a lot of things , but I think just 18 make sure that it ' s spelled out and not so 19 generalized , and then , secondly , as long as the 08 : 08PM 20 price is very fair , then , you know , you ' re not 21 going to get any complaint call from a 22 constituent . 23 MAYOR BURD : Could I ask you to state 24 your name for the record , the - - Depo • Court Reporting Service ( 630 ) 983 - 0030 55 1 MR . GINOCCHIO : Yeah . My name again is 2 John Ginocchio , and you spell that 3 G - I - N - O - C - C - H - I - O , and I have a son living in 4 Yorkville on the south side and I have a son 08 : 08PM 5 living in Yorkville on the north side . 6 MAYOR BURD : Thank you . 7 MR . GINOCCHIO : Yeah . 8 MAYOR . BURD : And also to clarify , the 9 sidewalks and the streets should be public 08 : 09PM 10 infrastructure and they would be taken over by the 11 City to be maintained , is that correct ? 12 MR . OLSON : Correct . And until that 13 point they are the responsibility of the 14 developers in the common areas . If you ' re in 08 : 09PM 15 front of a residential lot , it would be the 16 responsibility of the builder that ' s building the 17 homes to maintain the sidewalks until the home is 18 built and completed , and then it ' s turned over to 19 the City . 08 : 09PM 20 So maintenance of the parkway is 21 always on , you know , the home that is adjacent to 22 it , but if it ' s adjacent to a common area , that 23 would be part of the backup SSA . 24 MR . GINOCCHIO : I don ' t know if you ' re Depo • Court Reporting Service ( 630 ) 983 - 0030 56 1 familiar with the small hills that go along 2 Cannonball Trail . Parkway is one thing , it ' s nice 3 and flat . These are hills . These are six foot , 4 seven foot - - 08 : 09PM 5 MR . OLSON : Berms . ' 6 MR . GINOCCHIO : Yes . And it appears to 7 be , in my estimation , maybe not the parkway , and 8 that ' s my concern , is I just don ' t know if 9 everything was addressed in this petition . All 08 : lOPM 10 right . Thank you for an opportunity . 11 MAYOR BURD : Thank you . Thank you very 12 much . Mr . Kramer , did you have any answers to 13 that ? 14 MR . KRAMER : Well , I - - Excuse me , 08 : lOPM 15 hopefully , Gary , can you hear okay ? 16 ALDERMAN GOLINSKI : Yeah , I ' m trying to 17 hang in there and follow the best I can . 18 MR . KRAMER : Okay . I ' ve never been 19 accused of being a wilting lily . I ' ll try and be 08 : lOPM 20 loud . 21 One of the misconceptions that seems 22 to keep going on tonight - - and I want to clarify 23 it - - is the original PUD and annexation agreement 24 had this language for creation of a backup or Depo • Court Reporting Service ( 630 ) 983 - 0030 57 1 dormant SSA , and paragraph 6A and 6B - - and I 2 realize it will become more clear with the actual 3 backup SSA ordinances when they come in for public 4 hearing - - but they do specifically limit in 08 : 11PM 5 paragraph 6B that the dormant or backup SSA is for 6 maintenance of the common areas only , and the only 7 three common areas that the homeowner ' s 8 association or the backup SSA would affect would 9 be the two detention ponds and the monument area . 08 : 11PM 10 In answer to John Ginocchio ' s 11 concerns - - and I agree , I ' ve lost my hair , it has 12 turned gray , we ' ve known each other a long time - - 13 the sidewalks going in along Cannonball , the main , 14 those are developer improvements . Crestview would 08 : 11PM 15 be required to put those in . Those are not 16 homeowner association maintained . 17 If the homeowner ' s association 18 became active and wants the detention ponds and 19 once that sign area are turned over and the 08 : 11PM 20 maintenance period ends , if they choose to do that 21 through a homeowner ' s association , then the City 22 would make no levy under the backup SSA , but that 23 language was already in the original agreement . 24 The concern of Crestview was because Depo • Court Reporting Service ( 630 ) 983 - 0030 58 1 it was hit or miss about what the prior developer 2 did with the association , that maybe it was better 3 to go and activate the dormant right away so 4 everybody knew it was there , but it doesn ' t 08 : 12PM 5 shorten that five.- year maintenance period on the 6 ponds . That ' s still a developer obligation . 7 With respect to the difference 8 between the R4 and the R2 areas , the R2 was just 9 normal sized , single - family lots . R4 was a little 08 : 12PM 10 . bit smaller lot . And , John , that was where that 11 higher outside maintenance was . 12 As I said , that was something that 13 McCue Builders promoted , Crestview has not had 14 experience , and that ' s where they are asking to 08 : 12PM 15 get rid of that association , so there would be no 16 more of those . If they were that high , if they 17 were 13 or $ 1400 per lot , that would go . That ' s 18 the only one that we are asking to get rid of . If 19 the homeowners want an active association covering 08 : 13PM 20 everybody , that ' s fine with Crestview . 21 Before the enacting and enabling 22 ordinance that Mr . Olson , the City Administrator , 23 referenced , there has to be a public hearing and 24 they have to be noticed as well , and , again , they Depo ^ Court Reporting Service ( 630 ) 983 - 0030 59 1 would set a levy maximum so you would know the 2 maximum amount that could be levied for that . 3 As I say , I don ' t think we need 4 anything in the near term because the developer is 08 : 13PM 5 going to have to install it ,and it has a 6 maintenance period , and in the meantime if the 7 homeowner ' s association comes into being , you 8 won ' t have to make the levy at all , but that would 9 be the subject of another public hearing and , 08 : 13PM 10 again , Crestview would like to close before that 11 happens , of course . Thank you . Hopefully that 12 cleared it up a bit . 13 MAYOR BURD : Okay . Is there anyone else 14 who would like to ask - - Yes . Yes , sir . 08 : 14PM 15 MR . MILLIRON : Todd Milliron , 61 16 Cotswold Drive , Yorkville . I just had a few 17 questions , maybe Mr . Kramer can answer those . 18 Couple of these citizens have 19 indicated that they have been paying homeowner ' s 08 14P 20 association fees , but nobody has actually 21 accounted for them . I haven ' t heard anybody say 22 w.here that money went . 23 Also , I ' d like to point out that I 24 believe that the responsibility for notifying Depo • Court Reporting Service ( 630 ) 983 - 0030 60 1 these people and giving them timely information 2 and all that falls upon the petitioner . 3 In the past I believe that 4 whether - - it ' s the petitioner ' s responsibility to 08 : 14PM 5 make sure that he notifies people properly and 6 gives them all the information they can to make an 7 informed decision not only for you , but for the 8 affected residents that already bought there , and 9 I wonder if that ' s happened , and . I question why 08 : 15PM 10 there is such a hurry up to do this and vote on it 11 tonight . 12 I ' m in business and I make offers 13 all the time for insurance , and the offers I make 14 are good today and they ' ll be good two weeks from 08 : 15PM 15 now or four weeks from now unless somebody changes 16 their rates , but usually that doesn' t happen , so I 17 would ask that maybe you might want to consider 18 giving this a little more time . 19 And then the next question I guess 08 : 15PM 20 would be for this run - out date in July , this 21 five - year run - out on the fee schedule , would one 22 of those fees be like , I don ' t know , the City 23 building fee that , you know , under the old 24 schedule was around $ 150 for a permit , then it Depo • Court Reporting Service ( 630 ) 983 - 0030 61 1 goes to like $ 4 , 000 or more , Bart ? What is it ? 2 50 , 100 or - - 3 MR . OLSON : $ 5 , 509 . 4 MR . MILLIRON : So it ' s a big difference 08 : 15PM 5 'there . You ' re talking roughly 5400 bucks or 6 something like that difference in fees for 7 whatever the old fee schedule versus this new fee 8 schedule that they want to waive . 9 What other fees are affected besides 08 : 16PM 10 that one ? 11 MAYOR BURD : From what I understood , 12 they were going to pay the fees . They ' re not 13 waiving them . They are going to pay them before 14 that date . 08 : 1GPM 15 MR . OLSON : They always have the ability 16 to pay off the fees upfront before the expiration 17 of the fee lock , so I was under the assumption 18 that regardless of whether or not the fee lock was 19 extended , that they would probably be doing that . 08 : 16PM 20 The only other fee that I can think 21 of that ' s increased would be the water connection 22 fee , which I believe is $ 3 , 700 for a single - family 23 unit right now and , in the original agreement , I 24 believe it was contemplated at 2600 , so . . . Depo • Court Reporting Service ( 630 ) 983 - 0030 62 1 MR . MILLIRON : All right . So those are 2 the questions I had . So you think that they would 3 have the ability to just go in and prepay those 4 fees upfront and lock in that $ 150 ? 08 : 16PM 5 MR . OLSON : Any developer can , yes . 6 MR . MILLIRON : All right . Those are the 7 questions I had . Thank you . 8 MR . KRAMER : In answer to Mr . Milliron ' s 9 notice question , again , it ' s a petition to modify 08 : 17PM 10 a PUD ; there actually is no notice required under 11 Illinois statutes other than the newspaper 12 publication , but we did a certified mailing at 13 considerable expense in advance , and what happens 14 is we generate a list from real estate tax bills , 08 : 17PM 15 then we give the City a copy of that list and they 16 look at their water billing and their GIS 17 coordinator . 18 When it came back , we had four that 19 were returned that the addresses were incorrect 08 17P 20 between the county and the city system . They went 21 right back out and three of those four were picked 22 up . We ' ve got one that wasn ' t returned . 23 It still looks like there ' s a couple 24 that slipped through the cracks between the two Depo • Court Reporting Service ( 630 ) 983 - 0030 63 1 different lists , and I can ' t really give• you a 2 good answer on that , but the bottom line is we did 3 the statutory notice with the newspaper 4 publication , we went an extra step with the 08 : 18PM 5 certified mailing that we were not required to . 6 I had probably three calls , and I 7 don ' t know if they were homeowners or lot owners , 8 they only gave me first names , but we answered 9 questions in the last two weeks . 08 : 18PM 10 And in terms of expedited 11 scheduling , we asked if we could be on agendas . 12 We had no special meetings , we went through the 13 normal cycle , and we are here tonight after 14 Economic Development , so there is nothing unusual 08 : 18PM 15 in that respect . 16 The petitioner would like to 17 seasonably move along , and the bank , of course , 18 likes the idea again of having a live , 19 well - capitalized developer here who has built in 08 : 18PM 20 the city before . 21 One other comment that I neglected 22 to respond to , and , again , to some people union 23 jobs are important , some are not , I ' m not making 24 any policy statement , but the statement that Depo • Court Reporting Service ( 630 ) 983 - 0030 64 1 Crestview Builders is a non - union contractor is 2 absolutely untrue . They have many , many union 3 subs , carpenters , plumbers , electricians , and they 4 do use local people . So thank you . 08 : 19PM 5 MAYOR BURD : Would anybody else like to 6 make any comments ? Yes , sir . Please state your 7 name for the record . 8 MR . T . JOHNSON : Tim Johnson , 844 Carly 9 Court . I guess I have this little written out 08 : 19PM 10 spiel not nearly as long as my dad ' s , so I ' m not 11 going to even read through it because most of the 12 questions have been answered . 13 My concern , though , still is with 14 the SSA , I know - - I ' m not trying to toy with that 08 : 19PM 15 acronym , but - - and the homeowner ' s association . 16 The homeowners haven ' t even had a chance to run 17 the association , and I think that - - I think that 18 is due in the fact that , you know , if the 19 builder ' s going to be paying their portions and 08 : 20PM 20 the land owners that own properties out there are 21 going to pay their portions , I feel that we would 22 be able to get a subcontractor to maintain the 23 minimal areas that actually do need to get mowed 24 for probably a better price than what the City is Depo • Court Reporting Service ( 630 ) 983 - 0030 65 1 going to do and get better results . 2 I know there is a couple of aldermen 3 here that have gone the other direction from a 4 homeowner ' s association to having the City take it 08 : 20PM 5 over , and I think they pay - - I don ' t know what it 6 is , I don ' t want to give a wrong figure - - but 7 $ 181 a year for the City to maintain the common 8 areas in their development , and I kind of feel 9 that it could actually get done for much less than 08 : 20PM 10 that . 11 And being that from one portion that 12 I saw , the developer is looking to remove this 13 entire retention basin here , what they call 14 wetlands , from the actual development , with 08 : 21PM 15 removing the west portion , that wouldn ' t even - - 16 as far as I am concerned wouldn ' t be part of the 17 homeowner ' s association ' s responsibility , so , 18 therefore , we would have to maintain this area , 19 and then I guess this portion of the entrance , 08 : 21PM 20 which is , I don ' t know , about maybe a tenth of the 21 size of my yard . 22 So I feel that without seeing any 23 actual numbers of how much , you know , they ' re 24 expecting , you know , the homeowner ' s association , Depo • Court Reporting Service ( 630 ) 983 - 0030 66 1 if it stayed in place , or the new SSA to take care 2 of this through the City , it ' s really hard to make 3 a good decision on what ' s going to be best for the 4 homeowners that are currently living there , not 06 : 21PM 5 the ones that still have the option of coming into 6 the development . 7 I was glad that the lady brought up 8 the point about the covenants that are still not 9 recorded , so , you know , I talked . to my attorney , 06 : 22PM 10 and basically without the required covenants , you 11 know , somebody could put up a detached garage or a 12 lot of things , and I think that could be - - that 13 needs to be tied into the agreement that these 14 covenants - - not a good intention , but written in 06 : 22PM 15 hard ink , that these covenants are going to be - - 16 they are going to be established at the time of 17 closing , they will be recorded at that moment . 18 And then my other concern , too , is 19 the weed control in the empty lots around us . I 06 : 22PM 20 know McCue claimed to have tried to do his best in 21 keeping up with keeping the weeds down , but it 22 took numerous calls just to try to get any kind of 23 action , so I ' m kind of worried about that , too , 24 because that ' s not really spelled out . Depo • Court Reporting Service ( 630 ) 983 - 0030 67 1 The City - - the City , you know , you 2 know , didn ' t really put too much pressure on Billy 3 to keep up with these , the vacant lots , and if he 4 is strapped for money , then , you know , I can 08 : 23PM 5 understand the reason for that . 6 But I had spoken with Billy McCue 7 the other day when I was trying to get all this 8 into my brain of what ' s going on in our 9 development and he had said that he had been 08 : 23PM 10 working with Crestwood - - or Crestview and was 11 considering buying some of the lots back from 12 Crestview to build on . 13 If he is in such , you know , dire 14 straits with his finances , he lost his development 08 : 23PM 15 and now he ' s going to come back in , buying these 16 lots , you know , ten cents on the dollar of what he 17 lost them for ? Just wondering what kind of things 18 are going on there . 19 But we got that one sheet of paper 08 : 24PM 20 and that was it for notification . You know , I 21 must have missed the notice that was in the paper . 22 And then as Mr . Kramer had stated 23 that I guess certified documents weren ' t 24 necessary , so I can understand that , but I ' m just Depo • Court Reporting Service ( 630 ) 983 - 0030 68 1 wondering if you ' re going to be taking a vote 2 tonight on this , which I know you are scheduled 3 to , how many of the Aldermen and Alderwomen really 4 understand what was in the original agreement and 08 : 24PM 5 what the amendments are going to affect . 6 I mean , that ' s a pretty thick 7 document and I know you guys have other jobs and 8 you have busy schedules . Have you really looked 9 at it beyond just face value , a few pages ? 08 : 25PM 10 You know , a lot of people have been 11 bringing up some good points and , you know , I 12 would propose that the - - that the Council 13 postpone the vote until the next - - until the next 14 meeting and give a little more breathing time for 08 : 25PM 15 the residents to become more reassured about 16 what ' s going to go on in the development and maybe 17 make sure that everybody has a better 18 understanding . So that ' s all I have . 19 MAYOR BURD : Just to clarify one more 08 : 25PM 20 time , though , when we do these developments , we 21 always like to have a backup SSA . That ' s standard 22 operating procedure . It doesn ' t mean that we ' re 23 going to put it into action , but we always want to 24 have it there just as a safety net . Depo • Court Reporting Service ( 630 ) 983 - 0030 69 1 We actually prefer I think as a City 2 Council to have a homeowner ' s association handle 3 it because the City does not really want to do 4 that , and we ended up doing it in Sunflower 08 : 26PM 5 Estates because the homeowner ' s association voted 6 themselves out of business . 7 They said , We don ' t want to do this . 8 They came in to the City and asked us to take it 9 over . That wasn ' t the City going to them saying , 08 : 26PM 10 Hey , we want to do this . That was the homeowner ' s 11 association coming to us . 12 So we much prefer the homeowner ' s 13 associations being instituted and that you do your 14 own maintenance . 08 : 26PM 15 Our only recent concern is about 16 these ponds because one of the things when they 17 came in to talk to us about taking over this 18 development , I made it very clear to them that 19 these ponds have to be maintained and brought up 08 : 26PM 20 to the City ' s standards , that this is something 21 that ' s important that we want for stormwater and 22 to make sure that the water is , you know , 23 clarified as it goes into Blackberry Creek , and 24 they understood that that was an important thing . Depo • Court Reporting Service ( 630 ) 983 - 0030 70 1 And then because of the plantings 2 that are put around some of these ponds , we want 3 to make sure that people don ' t go in there and mow 4 them because of special plantings . 08 : 27PM 5 And we ' ve found that that ' s been a 6 problem in a lot of areas where people think , oh , 7 that ' s a weed , I ' m going to cut it down after it ' s 8 been put in place . So we really are trying to 9 maintain a lot of these standards . 08 : 27PM • 10 I just want you to be aware that if 11 you want - - I think the whole City Council would 12 agree , if you want to institute a homeowner ' s 13 association , I think we would be very happy with 14 that decision . 08 : 27PM 15 We don ' t - - you know , we do not want 16 to take this over and have a tax on you . I think , 17 you know , you know what you want there and I think 18 you know how you want it to be maintained and it ' s 19 yours , so I think that if you want to do that , I 08 : 27PM 20 think that ' s a great thing . 21 So does anybody else want to make 22 any other comments about this ? Do you wish to 23 speak again , Mr . Johnson ? 24 MR . M . JOHNSON : Yes . Depo • Court Reporting Service ( 630 ) 983 - 0030 71 1 MAYOR BURD : All right . 2 MR . M . JOHNSON : Is everybody done ? 3 MAYOR BURD : Is everybody else done ? 4 ( No response . ) 08 : 28PM 5 MR . M . JOHNSON : Okay . Again , I ' m Mark 6 Johnson from Yorkville , 204 Georgeanna , and first 7 I guess I ' d like to say thanks to Dan for 8 clarifying a few things that maybe I didn ' t have 9 completely accurate , but I think the gist of what 08 : 28PM 10 I said is accurate . 11 My point to the City Council is 12 transparency and public hearings , the people 13 should get information so they can make decisions , 14 not come to a meeting and listen to a lawyer talk 08 : 28PM 15 for two minutes and say , You see the packet , you 16 guys have it , vote on it . I just don ' t think 17 that ' s right . 18 And I think that may be what the 19 rules are today , but I think this City Council 08 : 29PM 20 needs to look at those rules for public hearings 21 and have a website or have something where people 22 . can actually see the information and make it 23 available to them . 24 I ' ve got a few questions - - Oh , and Depo • Court Reporting Service ( 630 ) 983 - 0030 72 1 maybe to start with , I apologize , Dan , if this 2 wasn ' t your words , but in a memo from Bart Olson , 3 City Administrator , dated April 30th , Subject , 4 Blackberry Woods amendment to PUD agreement - - I 08 : 29PM 5 won ' t read the whole thing , I ' m just going to read 6 the one sentence - - The developer is requesting a 7 partial acceptance policy similar to what was 8 completed within the Windett Ridge subdivision . 9 So it sounds like maybe you guys did say that you 08 : 26PM 10 wanted something like Windett Ridge . 11 I guess some of the questions I 12 have , is the developer asking for lesser fees from 13 this Council , and are they asking for a 14 pay - as - you - go - type program like Windett Ridge was ? 08 : 27PM 15 I ' d like to hear the answer to that . 16 Another question , or another thing 17 that came up is I ' m looking at - - again , this 18 documentation , trying to track it down was not 19 easy for people outside the Council , but there is 08 : 27PM 20 a very nice area in this subdivision that ' s 21 actually parallel to Cody Court . 22 It ' s like a little ravine and a 23 wooded area that actually the land mass goes all 24 the way down to Blackberry Creek where there is a Depo • Court Reporting Service ( 630 ) 983- 0030 73 1 plan for a bicycle path , whatever you want to call 2 it , to cross the Blackberry Creek at that point , 3 probably about from here straight across . This is 4 all wooded , or a lot of it is wooded . Some of it 08 : 28PM 5 is the lots , as you can see . 6 The paperwork I see says this is a 7 park site . On all the documentation that I have 8 seen that you guys got , there is no mention of a 9 park site here . The original documents say park 08 : 28PM 10 site . 11 To go along with that , the original 12 documentation , the way I read it , said that they 13 were to give X amount of acres , eight or something 14 acres of park site , and they shall give $ 150 , 000 08 : 28PM 15 in cash . 16 I guess the question is did the City 17 get that money or , if they didn ' t , from Mr . McCue , 18 are they going to get it from the next guy ? 19 Another question that - - this is 08 : 29PM 20 some specifics I didn ' t get into , but since we are 21 getting into some of those , there is a statement 22 in here talking about selling of lots by Crestview 23 to other builders or to residents , and there is 24 something in there that says that they want to be Depo • Court Reporting Service ( 630 ) 983 - 0030 74 1 reimbursed 110 percent of the cost of sidewalks 2 and parkway trees , so they can get their money 3 back when they sell the lot and - - instead of 4 having to wait , which then puts the onus on the 08 : 29PM 5 City Council or the City to make sure the sidewalk 6 gets put in when the guy builds and the trees get 7 planted or whatever is in the parkway , rather than 8 the developer , and I ' m not sure I like that idea , 9 but that ' s not for my call . 08 : 30PM 10 There is another point in here that 11 talks about a $ 2 , 000 I believe per lot 12 transportation something fee , and in place of 13 that , they want to pave from John Street to the 14 entry of the subdivision , which is one block , 08 : 30PM 15 maybe an extra 80 feet or something . 16 If you drove out there , you ' d see 17 that roadway is ten times better than what we 18 drove in on today out here . It doesn ' t need to be 19 paved . 08 : 30PM 20 But if it ' s $ 2 , 000 a lot times the 21 unsold lots of , let ' s say , 120 lots , I think there 22 is 135 , that ' s a quarter of a million dollars 23 you ' re going to give up to these guys and they ' re 24 going to replace it with I think $ 75 ,000 of Depo • Court Reporting Service ( 630 ) 983 - 0030 75 1 resurfacing that roadway ? And I bet it ' s not 2 going to cost them 75 , 000 . 3 Again , I ' m back to that thing , by 4 agreeing with these guys , you ' re giving up money 08 : 31PM 5 that sooner or later the taxpayers that are 6 sitting here are going to have to make up for . 7 Somebody is going to have to make up for that . 8 And I guess the big thing , I guess I 9 want to hear somebody address this park site . I 08 : 31PM 10 want to know what that one is . 11 MAYOR BURD : Okay . For the 12 transportation , that is the one item that we 13 negotiated and the Staff requested them to fix 14 that street because they felt that yes , it does 08 : 31PM 15 need help , and especially with construction 16 traffic coming in and out . 17 The reason that they looked at this 18 as something we could give up is because that 19 money has to be used for streets that are around 08 : 32PM 20 the subdivision . It cannot be used for , say , Game 21 Farm Road . You can ' t take that money and use it 22 for other funding , they have to be around that 23 subdivision , and we just had a major improvement 24 to Route 34 there , so that could - - you know , we Depo • Court Reporting Service ( 630 ) 983 - 0030 76 1 don ' t need it there right now , but we do the Staff 2 felt , need to have that road fixed coming into the 3 subdivision , which would be the one thing that the 4 money would go for , so - - 08 : 32PM 5 MR . M . JOHNSON : Am I accurate in the 6 75 , 000 versus - - you could argue - - 7 MAYOR BURD : Yes . 8 MR . M . JOHNSON : - - the point , but about 9 a quarter of a million ? 08 : 32PM 10 MAYOR BURD : You are very correct - - 11 MR . M . JOHNSON : Okay . 12 MAYOR BURD : - - but we don ' t have 13 anywhere to use that right now on - - you know , 14 adjacent to it , unless we - - - 08 : 32PM 15 The County owns Beecher Road I 16 believe , don ' t they ? Is that on Beecher ? 17 MR . OLSON : Most of that jurisdiction is 18 ours for Beecher Road and Cannonball Trail . 19 MAYOR BURD : And so that might be a 08 : 32PM 20 possibility . 21 MR . OLSON : Yeah . 22 MAYOR BURD : But this is one - - the one 23 thing that yes , we did negotiate with them about , 24 and it was something that was added - - I don ' t Depo • Court Reporting Service ( 630 ) 983 - 0030 77 1 know , what year was it added ? It as a fairly - - 2 MR . OLSON : Two years ago , three years 3 ago . 4 MAYOR BURD : Yeah . It was a fairly new 08 : 33PM 5 impact fee and it hadn ' t been there before , so it 6 was something that we felt we could negotiate with 7 at this time . But you are correct . You are 8 correct . 9 Would you like to address the other 08 : 33PM 10 things ? 11 MR . OLSON : And I misstated , I thought 12 you were asking when was Beecher Road put in . 13 Beecher Road was put in two or three years ago . 14 The impact fee has been in place I believe now for 08 : 33PM 15 five years . 16 MAYOR BURD : Five years ? Okay . 17 MR . OLSON : But sure . One , on weed 18 control - - we hadn ' t touched on this yet - - but 19 there are property maintenance codes in the city . 08 : 33PM 20 If the weeds are higher than eight inches , you 21 need to call our building zoning officer , who is 22 actually sitting at the end of the table . 23 He will report - - he would go out 24 and stake the property for violation within Depo ^ Court Reporting Service ( 630 ) 983 - 0030 78 1 two days , and then the property owner has 2 five days from that initial staking to mow the 3 lawn , so , you know , there are codes . 4 You can call the property owners 08 34P 5 yourselves if you think you can get remedies , but 6 the best way is to ask the City . Second - - 7 MAYOR BURD : And then if they don ' t do 8 it , we go and mow it . 9 MR . OLSON : We do , and then - - 10 MAYOR BURD : And then we send them the 11 bill . 12 MR . OLSON : And then find the owner and 13 send them the bill . 14 So regarding the language 08 : 34PM 15 representing Windett Ridge and partial acceptance , 16 that was my language , not the petitioner ' s . The 17 petitioner had requested something that was 18 similar to what we did in Windett Ridge , in that 19 we accepted a partial improvement in a final plat 08 : 34PM 20 unit as our responsibility without the rest of the 21 infrastructure in the unit being completed . 22 Typically our policies say final 23 plat , it ' s a hundred units , you have to complete 24 sewer , water , parkway trees , sidewalks , stormwater Depo • Court Reporting Service ( 630 ) 983 - 0030 79 1 detention and all those other public improvements , 2 and they have to be done to our satisfaction 3 before the City says we accept those , we ' ll take 4 maintenance from them from here on out , and , you 08 : 34PM 5 know , that ' s done at our cost and at our manpower . 6 So what we did in Windett Ridge is 7 we accepted infrastructure from back of curb to 8 back of curb , so it was the roadways and any of 9 the stormwater and sewer utilities that were 08 : 35PM 10 located underneath the roadway as our maintenance 11 responsibility , without accepting any of the 12 sidewalks , the parkway trees or any of the sewer 13 and water construction that ' s located outside of 14 the back of curb . 08 : 35PM 15 So what they were asking for was 16 similar to that , so I used that language so that 17 the Council would be aware that it was a similar 18 situation to that , is what they were asking for . 19 Regarding the park site , the 08: 35PM 20 obligation for the park site would remain from the 21 original agreement to this amendment , so they 22 would still be required to deed the park site 23 over , along with the land cash associated with 24 that park site , which we have not received yet . Depo • Court Reporting Service ( 630 ) 983 - 0030 80 1 The letter of credit for sidewalk 2 and parkway trees , the property owner isn ' t going 3 to reimbursing the developer for any of that . The 4 way it ' s going to work is typically a sidewalk and 08 : 36PM 5 a parkway tree is included as the public 6 improvement within the development , so the 7 developer has to post a letter of credit for all 8 the sidewalks in front of the houses in the 9 subdivision , same with the parkway trees . 08 : 36PM 10 They ' re asking for that obligation 11 to be removed , and then in turn they are asking us 12 to ask for a letter of credit for each parkway 13 tree and sidewalk that ' s adjacent to a building . 14 So they sell a lot to a residential 08 : 36PM 15 builder , the builder comes in and pulls a building 16 permit . In addition to getting a building permit , 17 they have to post a letter of credit for their lot 18 only that will cover the cost of improving 19 sidewalks and parkway trees adjacent to their - 08 : 36PM 20 individual house . 21 So if you are an internal lot and 22 you only have one public frontage on a road , it ' s 23 $ 5 , 000 . If you are on a corner lot , so you would 29 have two sidewalks and multiple parkway trees , it Depo • Court Reporting Service ( 630 ) 983 - 0030 81 1 would be $ 7 , 000 . 2 So the developer has requested that 3 we remove that as their obligation for posting a 4 letter of credit and put that on the builder , and 08 : 37PM 5 we felt that that was acceptable . It ' s a little 6 bit more of an administrative burden to Staff 7 because we have to track more letters of credit , 8 but it does reduce their need to post a letter of 9 credit in a greater amount , but we still have that 08 : 37PM 10 security , just from a different entity . 11 MAYOR BURD : And I think we need to add 12 the same situation in Windett Ridge , the reason 13 this was done , as you all know , building has 14 slowed way down , and if we waited until every lot 08 : 37PM 15 was sold and all the houses were built to put in 16 the sidewalks and the trees and to make them pave 17 the streets , people would be dealing with these 18 issues with substandard streets or some of these 19 other things not being completed up to City 08 : 37PM 20 standards for quite awhile , so we thought let ' s 21 get some of these things completed and approved at 22 our standards and then go back and make - - you 23 know , later on they ' ll have to put in these other 24 things . Depo • Court Reporting Service ( 630 ) 983 - 0030 82 1 So that ' s why . We were hoping to 2 get the streets completed , get the other issues 3 done , and then where the houses are not being 4 built , when you have a vacant lot and you don ' t 08 : 38PM 5 have a house there , not requiring them to put in 6 sidewalk that eventually would be run over by 7 construction traffic and be all ruined because 8 then the whole thing would have to be dug up and 9 done all over again . So it was both - - not just 08 : 38PM 10 for the developer , but also for the City to try to 11 . get some of these things completed earlier . 12 So does anybody else have any other 13 questions or want to - - Yes , sir . 14 MR . WEST : My name is Ryan West . I live 08 : 38PM 15 at 893 North Carly Circle . My first question is 16 for Mr . Kramer about the upgraded covenants . 17 Could we have some specifics on the upgraded 18 covenants ? 19 For me the biggest concern has been 08 : 39PM 20 filing of the covenants , as well as the SSA , so 21 what will be ,the upgraded covenants and will they 22 be filed immediately ? And again , I know that ' s 23 been hashed over already , but it ' s very important . 24 Secondly is this , the developer will Depo • Court Reporting Service ( 630 ) 983 - 0030 83 1 take over immediately with the detention ponds and 2 the common areas . Will the developer , if needed , 3 take over for , let ' s say , four years , six months , 4 then we , as a neighborhood , could develop a 08 : 39PM 5 homeowner ' s association with more people and then 6 take over for ourselves ? 7 And then finally , discussing the 8 Sunflower SSA , you said that they didn ' t want to 9 take over as a homeowner ' s association or didn ' t 08 : 39PM 10 want to do it any longer . How many lots are in 11 Sunflower and what do they currently pay with 12 their SSA ? Thanks . 13 MAYOR BURD : Mr . Kramer , do you want to 14 answer the questions ? 08 : 40PM 15 MR . KRAMER : Again , Dan Kramer , since 16 Gary isn ' t here and doesn ' t know who is talking . 17 With regard to the covenants , I 18 think probably the easiest thing to do there is 19 that the developer is certainly willing to sit 08 : 40PM 20 down with the neighbors and go through what their 21 views are , the covenants and what they would like 22 to change , and I think that ' s probably more 23 appropriate than spending time at a public 24 hearing , and I ' ve talked to the developer and he Depo • Court Reporting Service ( 630 ) 983 - 0030 84 1 is definitely willing to do that . 2 I believe the second question 3 Mr . West had about , you know , the developer taking 4 over relatively quickly and are they willing to 08 : 40PM 5 give the homeowners and lot owners a chance to 6 form the association and get it active , that ' s an 7 absolute . They are more than willing to do that . 8 The petitioner has no objection to that at all . 9 The earliest the petitioner would 08 :-41PM 10 take over , again , would be 30 to 45 days after an 11 amendment were approved . There would be a closing 12 with Castle . Until that happens , the developer 13 doesn ' t have standing to go in and start changing 14 things , but that would be their intent , and , of 08 41P 15 course , we would be happy to meet with the owners 16 in that respect right away , so . . . 17 MAYOR BURD : You know how many - - about 18 120 you said ? 19 MR . OLSON : About 120 lots , and I 08 : 41PM 20 believe the last levy would be $ 175 . . 21 MR . KRAMER : Yeah , I don ' t have any 22 knowledge on Sunset - - or Sunflower Estates . 23 MAYOR BURD : That would be for Sunflower 24 Estates . Depo • Court Reporting Service ( 630 ) 983 - 0030 85 1 MR . KRAMER : Thank you '. 2 MAYOR BURD : Is there anyone else who 3 has any comments or questions. that they would like 4 to address ? Yes , sir . 09 : 41PM 5 MR . M . JOHNSON : Just a question . Has 6 anybody addressed that 150 , 000 fee ? I know you ' ve 7 said you didn ' t collect it , right ? But I 8 thought - - 9 MAYOR BURD : Is that land cash ? 08 : 41PM 10 MR . M . JOHNSON : - - is that still 11 payable or is that lost to the City forever ? 12 MAYOR BURD : That ' s land cash money . 13 MR . KRAMER : It ' s land cash and schools 14 and parks , and I ' m not sure if it ' s the park 08 : .42PM 15 component , but again , the developer is asking for 16 no other relief from fees . I know I ' ve said it a 17 few times and I ' ll risk repeating . 18 The only fee that ' s being modified 19 is the transportation fee , and they ' re actually 08 : 42PM 20 pre - paying that 150 a lot in return for a lock - in 21 until 2018 , so they ' re are not asking for any 22 other discounts or any other giveaways . Thank 23 you . 24 MAYOR BURD : There you go , land cash Depo • Court Reporting Service ( 630 ) 983 - 0030 86 1 money . Do we have any other comments ? 2 ( No response . ) 3 MAYOR BURD : Well , thank you very much 4 for all taking the time to be here tonight , and 08 : 42PM 5 I ' d like to ask in the future when we have an 6 amendment to an agreement that we give out the 7 whole agreement , not just the amendment . Is that 8 okay ? Can we - - Because people need to have the 9 context in which the amendments are being made . 08 : 43PM 10 MR . OLSON : Oh , sure . When they come 11 into the City Hall , we can provide them with - - 12 MAYOR BURD : Right , when they ask for 13 this document , and also to put it up on the 14 website , the whole thing , plus the amendments , 08 : 43PM 15 because just to hand them a sheet of amendments , 16 they don ' t know how it all fits together , that ' s 17 very hard to understand I think . 18 MR . OLSON : The packet material on the 19 City Council ' s packet on the City ' s website does 08 : 43PM 20 include the amendment and the original agreements , 21 so that material was all made available to the 22 Council , and it should be available on the City 23 website . 24 MAYOR BURD : But also when they come Depo • Court Reporting Service ( 630 ) 983 - 0030 87 1 into the city hall - - 2 MR . OLSON : Yes . 3 MAYOR BURD : - - it should be given to 4 them as a packet . 08 43P 5 MR . OLSON : Yes .. Agreed . 6 MAYOR BURD : Yes . Okay . I would like 7 to go out of public hearing . 8 ( Which were all the 9 proceedings had in the 10 public hearing portion 11 of the meeting . ) 12 - - - 000 - - - 13 14 15 16. 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 88 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I , Christine M . Vitosh , a Certified 4 Shorthand Reporter , do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings , Pages 1 through 8 89 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 89 1 In testimony whereof , I have 2 hereunto set my hand this 2nd day of June , A . D . , 3 2010 . 4 5 6 Christine M . Vitosh , CSR 7 CSR No . 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 90 $ 85:6 5 72:7, 78:15 20:3, 55:21 , agreements Ill - 18 [1) - 52:2 accepted 131 - 55:22, 76:14, 86:20 18th (21 - 3:11 , 16:8, 78:19, 79:7 80:13, 80:19 ahead 13) - $1400 111 - 58:17 18:7 5 [1) - 29:10 accepting Ill - administrative 11 :22, 37:22, $150 [2] - 60:24, 19 [3] - 23:10, 50111 - 61 :2 79:11 111 - 81 :6 40:11 62:4 23:18, 44.43 50-lotill - 5:10 access [1] - Administrator alarming [1] - $150,000 [1) - 5400Ill - 61 :5 11 :20 [41 - 2:14, 50:12, 10:15 73:14 2 accessesltl - 58:22, 72:3 Alderman 161 - $175 111 - 84:20 6 45:20 ads 11) - 33:13 2:3, 2:4, 2:7, 2:8, $1811 111 - 65:7 accessory [11 - advance (11 - 2:11 , 41 :16 $2,000 (21 - 20141 - 25:19, 23:23 62:13 ALDERMAN I21 74:11 , 74:20 33:7, 43:22, 52:3 611] - 29:10 2003 111 - 1 9:16 60 (3] - 3:13, accounted 111 - advantage 111 - - 48:4, en 1 $3,700111 - 59:21 9:3 Aldermen3) - 61 .22 2004 Ill - 19:17 16:3, 38:23 accuracy 111 - aesthetic 111 - 3:18, 3:24, 68:3 ! $307000 (21 - 2005 [3] - 3:9, 61 111 - 59:15 88:20 34:13 aldermen Ill - 39:15, 52:3 19:18 6A 131 - 26:17, accurate 131 - affect [2] - 57:8, 65:2 $4,000 [1) - 61 :1 2007141 - 3:11 , 52:18, 57:1 16:7, 25:22, 6B (41 - 26:18, 71 '9, 71 :10, 76:5 68:5 Aiderwoman l31 $400 141 - 51 :18, accused (t) affected (41 - - 2:5, 2:612:9 51 :20, 52:7 25:24 52:18, 57:1 , 57:5 56:19 14:1 , 24:16, 60:8, Alderwomen 111 $5,000111 - 2010 [s] - 1 :14, acquired Ill - 61 :9 - 68:3 80:23 13:10, 27:16, 7 37:2 affecting [1] - allegedly Ill - $5,509 111 - 61 :3 28:2, 89:3 acquires [11 - 34:4 32:10 $50,000111 - 2012111 - 38:20 71 Ill 19:14 22:24 affordable 11) - Allegiance Ill - 33:5 2018 5:2 5:20,85:21 75,000 [2] - 75:2, acres [41 - 3:13, 41 :7 3:1 $500,000 Ill - 38:6, 76:6 30:18, 73:13, aforesaid Ill - allow [21 - 10:12, 41 :3 204111 - 71 :6 7:00 [1] - 1 :15 73:14 88:10 45:12 $73000111 - 81 :1 20th I1] - 25:24 acronym I11 - afterwards 12) - alludes [1) - $75,000 Ill - 21st(l] - 25:22 $ 64:15 53:13, 53:15 49:23 74:24 2600111 - 61 :24 action 121 - agenda [11 - 3:2 almost 13) - . 28th [11 - 26:10 66:23, 68:23 agendas [t] - 43:23, 44:13, 0 29B Ill - 22:16 80 (1) - 74:15 activate [21 - 63:11 47:7 2nd 111 - 89:2 800111 - 1 :15 8:6, 58:3 ago 191 - 5:7, ! alone 111 - 17:5 844 Ill - 64:8 activated 111 - 11 :2, 12:3, 12:4, amazingly Ill - 084-002883111 - 3 868 Ill - 43:20 26:9 14:20, 38:23, 20:12 89:7 89111 - 68:8 active 14) - 27:5, 77:2, 77:3, 77:13 amend 151 - 7 3 [31 - 51 :20, 89311] - 82:15 57:18, 58:19, agree (21 - 4:20, 6:81 24:16, 52:6, 52:7 84:6 57:11 , 70:12 28:1 , 28:7 30 (41 - 9:9, 33:5, A activity 121 - agreed 151 - amended [11 - 1 121 - 29:16, 36:13, 84:10 9:12, 42:18 18:6, 23:2, 32:13, 48:13 88:7 30,000 Ill - 33:8 A,D 111 - 89,2 actual [6] - 4:7, 38:17, 47:15 amendment1281 100 (1) - 61 :2 30-year 121 • abide [3] - 23:6, 28:6, 38:18, 57:2, Agreed 111 - - 3:71 3:9, 5:18, 11 [1] - 1 :14 33:7, 33:15 23:14, 24:4 65:14, 65:23 87:5 7:2, 7:21 , 9:1 , 110 [1] - 74:1 300111 - 51 :18 ability 131 - ad Ill - 32:19 agreeing Ill - 9:8, 16:8, 16:12, 1166 111 - 21 :22 30th 121 - 27:16, 19:20, 61 :15, add Ill - 81 :11 75:4 24:23, 26:5, 12 (4] - 3:9, 72.3 62:3 added [2) - agreement[331 - 26:18, 28:8, 18:10, 29:81 31 111 - 38:6 able 19] - 4:51 76:24, 77:1 4:21 , 6:9, 8: 17, 31 :13, 34:6, 35:1 , 30:15 34 111 - 75:24 5:15, 11 :7, 11 :11 , addition Ill - 13:8, 14:2k22:17, 36:11 , 38:2, 48:81 12,000-square 22:3, 33:8, 37:3, 80:16 23:8, 23:20, 48:11 , 53:16, [1] - 40:18 5 Q. additional l2] - 24:21 , 25:19, 72:4, 79:21 , above-entitled 64:22 120 131 - 74:211 above-entitled 11 :7, 12:1 26:3, 27:7, 28:13, 84:11 , 86:6, 86:71 84:18, 84:19 [2] - 1 :13, 88:6 additions Ill - 31 :5, 31 :15, 86:20 12th [21 - 13:9, 4.32111 - 30:18 4:18 31 :16, 33:17, amendments 191 absolute 111 - 3 28:2 40121 - 5:10, address (5) - 4:8, 37:4, 37:13, - 8:22, 13:18, 84:7 13 Izl - 18:10, 43:24 absolutely 121 - 9:16, 30:22, 75:99 40:5, 48:14, 51 :8, 24:21 , 49:4, 49:7, 5817 45121 - 36:13, 34:22, 64:2 77:9, 85:4 51 :10, 56:23, 68:5, 86:9, 86:14, 135 [11 - 74:22 84:10 addressed 12) - 57:23, 61 :23, 86:15 accept bl 79:3 2 - 66:13, 68:4, 72:4, amends (11 - 1400 (1] - :8 acceptable [zl - 5ad 85:6 7921 , 86:6, 86:7 49:4 15ry1 - 20:8 47:1 , 81 :5 addresses (11 - _ 150 111 - 85:20 acceptance ill - 62:19 Agreement [2] - amount [71 - 150,000 (1) - adjacent (61 - 3:8, 3:10 14:9, 46:13, 53:2, Depo • Court Reporting Service ( 630 ) 983 - 0030 91 53:5, 59:2, 73:13, 84:11 69:5, 69:11 , 35:11 41 :4, 43:2, 49:11 , 68:11 81 :9 approves 111 - 70:13, 83:5, 83:91 bank [41 - 4:11 , 61 :4, 75:8 brings [31 - 12:7, amounts [11 - 31 :12 84:6 32:5, 32:15, biggest Ill - 12:8, 15:17 53:12 April [41 - 26:10, association's 63:17 82:19 Bristol Ill - ANN Ill - 2:5 27:16, 28:2, 72:3 [1] - 65:17 banks 111 - bill [5] - 51 ;20, 18:21 Annexation (21 - architectural i21 associations [1] 16:16 52:3, 54:3, 78:11 , broad Ill - 45:11 3:813:10 - 23:11 , 23:14 - 69:13 Bart(3] - 12:17, 78:13 brought [31 - annexation [111 ARDEN Ill - 2:3 assume Ill - 61 :1 , 72:2 billing ill - 37:17, 66:71 - 13:8, 22:17, area [141 - 5:22, 88:19 BART ryl - 2:14 62:16 69:19 23:7, 26:3, 27:6, 32:22, 44:12, assumed 111 - base [3] - 6:21 , bills [s] - 30:7, bucks Ill - 61 :5 31 :5, 31 :15, 45:7, 45:12, 22:22 7:7, 36:20 37:6, 40:18, budget 11] - 33:17, 34:8, 47:12, 50:7, assumption [2] - basin [11 - 65:13 46:19, 62:14 10:11 37:13, 56:23 50:16, 55:22, 18:11 , 61 :17 basins [2] - Billy i2] - 67:2, build 16) - 19:20, annexed [21 - 57:9, 57:19, assure [1] - 4:22 50:16, 51 ;4 67:6 22:11 , Y2:13, 4:2, 88:17 65:18, 72:20, assuring [11 - basis [3] - 5:11 , Billy's 111 - 45:1 23:5, 25:15, answer llol - 72:23 44:2 39:18, 46:10 binding 111 - 67:12 8:22, 30:24, areas [21] - 8:15, attached Ill - Bay ill - 18:21 31 :8 builderi111 - 37:19, 41 :13, 16:4116:5t 30:12, 34:10 became [1] - bit [11] - 5:4, 9:5, 14:12, 15:17, 57:10, 59:17, 33:230 33:24, Attorney 13) - 57:18 5:24, 10:6$ 14:5, 23:4, 41 :4, 42:23, 62:8, 63:21 72:15, 46:24, 50:16, 3:19, 16:15, become [21 - 32:6, 45:3, 47:13, 43:4, 55:16, 83:14 51 :4, 51 :5, 51 :14, 50:22 57:2, 68:15 51 :23, 58:10, 80:15, 81 :4 answered [4] - 53:8, 53:9, 55:14, attorney [21 - bed [1] - 46:5 59:12, 81 :6 builder's I11 - 27:15, 41 :10, 57:6, 57:71 58:8, 3:19, 66:9 Bedford 111 - Blackberry 1161 - 64:19 63:8, 64:12 64:23, 65:8, 70:6, attractive Ill - 17:23 10:16, 11 :10, builders pl - answers [11 - 83:2 25:9 Beecher 191 - 13:24, 16:4, 16:6, 22:15, 23:5, 56:12 argue 121 - 12:5, available 161 - 10:2, 20:4, 20:14, 21 :23, 25:16, 23:13, 25:3, 32:21 anticipated ill - 76:6 11 :6, 11 :22, 12:3, 76:15, 76:16, 26:8, 26:21 , 27:2, 73:23 5:15 articulate 11] - 43:19, 44:16, 76:18, 77:12, 54:7, 69:23, 72:41 Builders [241 - - anticipating [1] - 47:18 71 :23, 86:21 , 77:13 72:24, 73:2 3:4, 3:22, 4:3, 49:22 as-is [1] - 21 :17 86:22 begin [2] - 6:23, blame [11 - 4:5, 4:9, 5:5, 6:11 apologize ill - as-need Ill - average Ill - 21 :15 18:24 7:9, 8:2, 14:15, 72:1 5:11 11 :10 beginning (21 - block Ill - 74:14 16:11 , 23:21 , appeal [1] - asphalt 111 - aware [41 - 21 :14, 43:9 blood 121 - 21 :7, 24:2, 26:24, 25:10 6:21 10:22, 25:4, begun [11 - 21 :12 31 :16, 32:3, appeared Ill - assessment[31 70:10, 79:17 19:16 blue l2] - 7:13, 32:11-, 32:15, 2:21 - 30:6, 30:13, awfully ill - behalf[1] - 2:21 29:12 33:11 , 35:15, application [21 - 48:23 47:16 berms 111 - 56:5 blunt 111 - 54:12 42:20, 49:22, 3:6, 28:1 assessments best 141 56:17, bond [21 - 33:6, 58:13, 64:1 applies 11] - [3] - 8:8, 30:4, B 66:31 66:20, 78:6 33:15 Building 88:17 30:9 bet 121 - 40:14, boom 11] - 19:16 38:5 apply [21 - assigneds [2] - 75;1 borrowing 11] - building 1161 - 26:23, 27:9 22:18, 31 :9 backs [1] - better 1111 - 33:10 9:11 , 14:24, appreciate 131 - associated [1] - 2723 backup 5:14, 15:23, 17:7, bottom 111 - 63:2 19:16, 23:23, 43:18, 49:16, 79:23 p 1161 - 40:8, 46:18, bought I4] - 31 :23, 36:21 , 54:15 association [361 8:9, 8:14, 26:19, 52:15, 58:21 25:5, 25:14, 38:1 , 39:15, - appreciated [11 - - 6:4, 8:4, 8:6, 26:22, 33:19, 34:6, 50:3, 50:15, 64:24, 65:11 2o 60:8 55:16, 60:23, bound 41 :19 24:6, 25:13, 68:17, 74:17 bound [a] - 77:21 , 80:13, approached 111 26:12, 26:15, 51 :13, 52:19, bettering 111 - 31 :14, 32:13, 80:15, 80:16, - 4:9 29:24, 30:5, 52:20, 55:23, 36:1 37:14 81 :13 appropriate [2] - 33:21 , 34:2, 56:24, 57:3, 57:5, 57:8, 57:22, between 161 - brags [21 - builds [1] - 74:6 720, 83:23 44:23, 46:17, 13:19, 29:11 , 11 :17, 19:13 built [91 - 6:7, approval [3] - 68:21 50:24, 51 :6, 33:4, 58:8, 62:20, brain 111 - 67:8 18:10, 19:17, 25:21 , 25:22, 51 :15, 52:6, bad 141 - 4:4, 14:19, 29:15, 6be break 111 - 54:3 19:18, 42:10, 53;7 54:10, 57:8, beware 111 - breather 111 - 55:18, 63:19, 57:16, 57:17, 29:19 81 :15, 82:4 approve [11 - 15:9 17:7 28:13 57:21 , 58:2, ball (1] - 4:24 beyond i21 - breathing [1] - Bullies [11 - 17:3 approved 191 - 58:15, 58:19, Bank [91 - 4:7, 53:5, 68:9 68:14 BURD 1521 - 2:2, 5:9, 9:1 , 9:8, 59:7, 59:20, 4:10, 9:10, 28:4, 3:2, 9:15, 21 :19, bicycle [11 - 73:1 bring [21 - 12:12, 25:23, 26:2, 35:11 64:15, 64:17, 28:5, 31 :11 , big I8] - 16:16, 27:20 30:21 , 37:22, 36:11 , 81 :21 , 65:4, 65:24, 69:2, 34:23, 35:5, 29:13, 39:13, bringing ill - 41 :14, 43:12, Depo • Court Reporting Service ( 630 ) 983 - 0030 92 43:15, 48:3, 48:61 Carly 12] - 64:6, charter 11] - ( 32:20, 35:2, coats Ill - 36:20 completely (1l - 49:2, 49:11 , 82:15 35:12 37:24, 38:16, Code [1] - 38:5 71 :9 49:17, 50:31 carpenters Ill - - cheap [11 - 41 :8 40:15, 44:7, code (z) - 14:10, compliance [1] - 50:11 , 53:17, 64:3 cheaper [V - 46:22, 46:23, 38:5 27:17 53:20, 54:15, carry I1] - 4:5 33:8 48:14, 48:15, codes Isl - 15:5, component 111 - 54:23, 55:6, 55:8, case (31 - 5:17, checked [1] - 50:11 , 52:8, 54:91 38:1 , 38:2, 38:31 85:15 56:11 , 59:13, 11 :13, 28:16 30:2 55:11 , 55:19, 77:19, 78:3 components [1] 61 :11 , 64:5, cash [ ] - 41 :4, . Chicago Ill - 57:21 , 58:22, Cody [2] - 21 :22, - 16: 16 68:19, 71 :1 , 71 :3, 73:15, 79:23, 17:19 60:22, 62:15, 72:21 con (11 - 19:2 75:11 , 76:7, 85:9, 85:12, chipping 11] - 64:24, 65:4, 65:71 coins Ill - 16:1 concern (111 - 76:10, 76:12, 85:13, 85:24 46:3 66:21 67:1 , 69:1 , collect [11 - 85:7 23:18, 25:12, 76:19, 76:22, Castle [1�1 -4:7, choose [1] - 69:33 69:8169:9, coming 113] - 31 :19, 36:17, 77:41 77:16, 78:7, 4:10, 9:2, 9:9, 57:20 70:11 , 71 :11 , 12:11 , 15:10, 52:13, 56:8, 78:10, 81 :11 , 28:3, 28:5, 31 :11 , CHRISTINE (11 - 71 :19, 72:31 16:22, 19:1 , 32:21 57:24, 64:13, - 83:13, 84:17, 34:23, 35:5, 1 :14 73:16, 74:5, 78:6, 35:18, 42:6, 50:81 66:18, 69:15, 84:23, 85:2, 85:91 35:11 , 36:2, Christine 121 - 79:3, 81 :19, 52:3, 66:5, 69:11 , 82:19 85:12, 85:24, 84:12 883, 89:6 82:10, 85:11 , 75:16, 76:2 concerned (4) - 86:3, 86:12, catch Ill - 17:7 Circle [1] - 82:15 86:11 , 86:19, comment [41 - 28:19, 54:6, 54:81 86:24, 87:3, 87:6 cattails ill - circle [1) - 17:18 8622 10:15, 12:21 , 65:16 Burd 111 - 16:8 7:19 cities [11 - 19:9 City's [s] - 11 :5, 41 :12, 63:21 concerning 121 - burden [1] - 81 :6 caution [21 - citizen's [11 - 112:16, 18:5, comments Is] - 10:17, 11 :21 business 141 - 46:14, 47: 15 1120 27:18, 69:20, 14:23, 64:6, concerns [91 - 15:21 , 35:20, cave 111 - 16:18 citizenry Ill - 86:19 70:22, 85:3, 86:1 22:4, 22:5122:8, 60:12, 69:6 caved (1] - 16:14 16:1 claimed 111 - commercial ls] - 22:16, 43:18, businesses [11 - CCR's (s] - 24:5, citizens [e1 - 66:20 12:6, 12:7114:22, 44:11 , 45:10, 39:11 24:14, 24:17, 6:16, 16:21 , clarified Ell - 20:71 20:18, 43:7 54:11 , 57:11 busy Ill - 68:8 24.24 25.7 19:11 21 ;4, 21 :6, 6923 commitment (1] condition Ill - butt Ill - 20:13 cease 11] - 19:5 21 :11 , 21 :16, clarify [31 - 55:8, - 25:7 28:22 buy I31 - 22:10, cents 11] - 67:16 40:5, 59:18 56:22, 68:19 commitments conditions (31 - 29:20, 33:8 certain l3] - City (2s1 - 1 :5, clarifying [1) - (21 - 16:20, 18:20 23:21 , 32:7, 36:5 buying (s] - 522, 24:21 , 10:9, 10:10, 71 :8 Committee [41 - confusing 111 - 18:23, 25:2, 38:14 11 :17, 12:14, clean [sl - 19:7, 5:6, 11 :8, 13:16, 32:18 33:15, 67:11 , certainly [2] - 15:6, 15:21 27:19, 2821 , 38:12 connect Ill - 67:15 5:14, 83:19 15:24, 16:3, 29:20, 36:14 common 1141 - 42:13 buys 111 - 29:20 certificate Il1 - - 16:22, 16:24, cleaned [1] - 8:10, 30:12, connection Ill 88:17 17:6, 18:9, 19:6, 7:18 33:22, 33:23, 61 :21 C certified [41 - 19:11 , 20:23, cleaning Ill - 47:2, 50:6, 50:16, consider Ill - 62:12, 63:5, 21 :3, 21 :12, 2823 51 :4, 55:14, 60:17 c Il] - 1 :14 67:23, 88:19 33:20, 34:2, 34:51 cleanupll] - 55:22, 57:6, 57:71 considerable 111 candid [1] - Certified 111 - 35:21 , 37:16, 9:13 65:7, 83:2 - 62:13 54:12 88:3 38:8, 62:20, clear 131 - 51 :7, community [s] - considering [11 Cannonball Isl - certify (31 - 88:41 63:20, 77:19, 57:2, 69:18 14:13, 21 :131 - 67:11 3:14, 45:19, 88:11 , 88:16 87:1 cleared ill - 36:4, 38:24, 39:7, consists Ill - 45:21 , 56:2, cetera Ill - 15:5 CITY [1) - 1 :6 59:12 42:17 3:12 chain fl] - 24:10 City 1841 - 1 :16, Clerk [3] - 2:16, compared Ill - constituent 111 - 57:13, 76:18 cannot [11 - chance [21 - 2:14, 2:15, 2:16, 48:14, 48:15 14:21 54:22 75:20 64:16, 84:5 2:22, 3:6, 4:2, close [s1 - 9:9, complain Ill - construction 131 cap [1] - 53:3 change 14] - 4:14, 4:19, 5:19, 35:3, 35:4, 35:8, 52:9 - 75:15, 79:13, capable 11l - 10:8, 17:16, 7:10, 8:9, 8:19, 42:14, 59:10 complaint [11 - 82:7 18:16, 83:22 9:4, 10:12, 10:14, closed [3] - 54:21 contained [1] - 45:6 10:21 , 11 :3, 11 :6, 8:24, 30:6, 32:10 capital ll] - changes p] - complete lsl - 50:17 35:23 14:9, 17:14, 31 :71 11 :17, 12:5, 12:9, closer 11) - 8:16, 36:23, contains [1] -capitalized I1] - 31 :12, 37 :17, 12:12, 12:15, 36:20 44:10, 76:23, 50:18 49:18, 60:15 13:92 13:11 , closes Ill - 88:8 contemplated 63:19 care (sl - 19:3, changing 111 - 13:20, 14:9, 31 :10 completed [10l - 121 - 51 :6, 61 :24 84:13 14:23, 15:1 , 15:3, closing 14] - 8:19, 12:20, contemplation 43:12, 46:5, 46:7, charged 11] - 15:12, 16:14, 36:12, 49:22, 16:17, 55:18, Ill - 52:19 careful 54:10 16:19, 17:14, 66:17, 84:11 72:8, 78:21 , context [1] - areful I11 - charges 111 - 20:19, 29:7, coat [2] - 6:21 , 81 :19, 81 :21 , 86:9 44:14 54:8 30:15, 31 :11 , 7:7 82:2, 82:11 continue l3l - Depo • Court Reporting Service ( 630 ) 983 - 0030 93 i 18:12, 25:11 , 12:5, 12:10, create [3) D demanding 111 - development 52:12 12:23, 13:20, 15:19, 18:2. 10:10 1311 - 8:12, 10:9, continuing 111 - 14:20, 14:24, 53:17 demands 11] - 12:6, 12:7, 14:18, - 25:10 16:19, 17:1118:1 , created [21 - D-908810 ill - 47:18 15:6, 16:4, 16:5, contract (6) - 20:6, 20:19, 34:6, 51 :13 122 demonize [1] - 16:9, 16:17s 17:8, 4:10, 12:19, 21 :15, 32:20, creation [2] - dad's 111 - 64:10 35:18 19:21 , 19:22i 12:20, 12:24, 35:21 68:12, 69:2, 50:14, 56:24 Dan [a1 - 9:21 , description 111 - 20:1 , 20:9, 25:9, 28:3, 28:16 70:11 , 71 :11 , creditl131 - 44:31 47:6, 47:6t 53:9 33:22, 35:14, contractor 121 - 71 :19, 72:13, 6:19, 6:23, 7:5, 50:1 , 71 :7, 72:1 , detached 111 - � 39:3, 39:81 40:10, 37:8, 64:1 72:19, 74:51 7:9, 19:10, 36:21 , 83:15 66:11 40:13, 40:16, contrary 111 - 79:17, 86:22 80:1 , 80:71 80:12, Daniel [11 - 3:19 detail 121 - 49:6, 65:8, 65:14, 66:61 36:15 COUNCIL [11 - 80:17, 81 :4, 81 :71 date [21 - 60:20, 53:7 67:9, 67:141 contributing 111 1 :5 81 :9 61 :14 detailed 13] - 68:16, 69:18, - 46:9 Council's [2] - Creek 181 - 16:7, dated 141 . 3:91 7:11 , 49:12 80:6 control 15] - 15:2, 86:19 19:15, 40:14, 3:11 , 28:2, 72:3 49:13 Development 46:18, 46:19, councilmen 111 - 43:1 , 43:2, 69:23, Dawn [41 - detention llol [111 - 3:8, 3:10, 66:19, 77:18, 18:3 72:24, 73:2 21 :21 , 43:17, 7:12, 8:11 , 27:14, 4:21 , 5:6, 11 :8, 88:21 Councilmenlll Crestview [411 - 48:21 , 49:20 34:1 , 50:16, 51 :41 13:16, 20:10, conversely 111 - - 20:24 3:4, 3:21 , 4:91 days [6] - 9:9, 57:9, 57:18, 79:1 , 20:16, 38:12, 7:1 counsel (21 - 4:13, 4:16, 6:6, 36:13, 38:23, 83:1 41 :22, 63:14 convinced 11) - 88:12 7:8, 7:21 , 8:23, 78:1 , 78:2, 84:10 develop 171 - developments - 47:8 County [61 - 3:7, 9:7, 14:15, 24:14, dead 11] - 6:17 4:12, 5:3, 5:11 , 161 - 4:18, 18:23, coordinatorll] - 40:23, 41 :2, 43:4, 26:5, 26:24, dead-end 111 - 24:2, 37:41 83:4 19:14, 20:23, 62:17 43:23, 76:15 28:10, 28:20, 6:17 developed pl - 33:18, 68:20 copies [21 - COUNTY [11 - 29:5, 29:20, 31 :51 deal [2] - 43:1 , 4:21 4:13, 4:15, deviousness 111 88:18, 68:21 88:2 31 :10, 32:31 49:22 17:19, 17:20, - 37:11 copy 131 - 32:4, county [21 - 32:15, 34:15, dealing [31 - 31 :24, 38:6 DIANE 111 - 2:9 48:17, 62:15 40:14, 62:20 35:61 35:8, 35:15, 35:7, 38:3, 81 :17 developer[441 - DIDIER 121 - corner Ill - couple [61 - 36:13, 37:14, dealings 11] - 10:13, 10:21 , 21 :21 , 31 :2 80:23 9:20, 26:4, 52:24, 39:23, 40:13, 47:14 12:11 , 12:15, Didier[21 - corporate Ill - 59:18, 62:23, 42:20, 49:21 , deals 111 - 15:23 12:22, 13:10, 21 :21 , 36:9 35:12 65:2 57:14, 57:24, debris 11] - 36:8 14:8, 14:12t 15:3, Didier's 111 - Corporation Ill courageous 121 58:13, 58:20, December 131 - 15:4, 17:15, 30:24 - 41 :22 - 38:22, 39:19 59:10, 64:1 , 3:11 , 16:7, 38:6 17:17, 19:13, difference [41 - correct 1101 - course 161 - 4:1 , 67:10, 67:12, decided [11 - 21 :17, 21 :18, 14:6, 58:7, 61 :4, 34:22, 48:11 , 5:16, 59:11 , 73:22 22:10 22:21 , 32:24, 61 :6 50:22, 53:19, 63:17, 84:15 Crestview's [31 - decision [31 - 33:9, 34:20, 35:31 different [31 - 55:11 , 55:12, Court [31 - 22:12, 27:10, 60:7, 66:3, 70:14 35:11 , 36:3, 40:91 44:11 , 63:1 , 76:10, 77:7, 77:8, 21 :22, 64:9, 28:1 decisions 111 - 57:14, 58:1 , 58:61 81 :10 88:8 72:21 Crestwood 111 - 71 :13 59:41 62:5, 63:19, dig 111 - 22:3 corrected (1) - covenants 1231 - 67:10 dedicated [11 - 65:12, 72:6, digging [11 - 25:23 23:10, 23:15, cross [11 - 73:2 20:21 72:12, 74:8, 80:31 11 :6 correctly [1] - 23:19, 23:21 , crystal 11] - 4:24 dedication 111 - 80:7, 81 :21 82:10, diligently 111 52:23 24:22, 31 :20, CSR 121 - 89:6, 37:15 82:24, 83:2, 41 :24 corridor[21 - 32:4, 32:5, 32:9, 89:7 deed Ill - 79:22 83:19, 83:24, dire ill - 67:13 10:4, 20:4 32:13, 32:15, curb [31 - 79:7, deededil] - 84:3, 84:12, direction [4] - cost Is] - 33:1 , 40:9, 41 :8, 66:8, 79:8, 79:14 8:18 85:15 13:17, 13:22, 33:3, 34:3, 51 :16, 66:10, 66: 14, current [61 - 8:7, deemed [1] - developer's 121 - 65:3, 88:21 51 :18, 74:1 , 75:21 66:15, 82:16, 14:14, 19:11 , 22:22 12:2, 19:24 directly 121 - 79:5, 80:18 82:18, 82:20, 27:8, 37:4 deeply 11] - 11 :7 developers [1e1 12:16, 14:1 costing 121 - 82:21 , 83:17, cut 1111 - 10:13, defend 111 - - 13:3, 15:10, director ill - 15:11 , 39:15 83:21 31 :1 , 39:18, 17:14 . 15:20, 15:22, 41 :21 costs [31 - 12:8, cover 121 - 44:22, 45:4, 46:41 define (1) - 16:18, 17:3, 18:31 dirt 111 - 9:23 15:1 , 40:3 50:15, 80:18 51 :15, 51 :18, 50:12 18:15, 18:19, dirty ill - 44:13 Cotswold 111 - covering 111 - 51 :20, 52:10, definite [11 - 192, 19:5, 19:12, disagree Ill - 59:16 58:19 70:7 32:16 21 :1 , 21 :3, 21 :10, 39:2 council 111 - cowering [1] - cuts [21 - 10:11 , definitely 111 - 21 :16, 47:14, disagreements 20:18 17:2 10:12 84:1 55:14 111 - 13:18 Council [271 - cracks 111 - cutting [1] - 45:2 delivered 111 - developing [2] - discounts ill - 5:19, 11 :6, 11 :15, 62:24 cycle 111 . 63:13 10:20 35:10, 36:7 85:22 Depo * Court Reporting Service ( 630 ) 983 - 0030 94 discuss ill - 39:51 39:8 enabling I11 - Estates (31 - expressly 111 - 13:12, 38:21 , 52:19 dozen (11 - 41 :1 58:21 69:51 84:22, 23:1 39:16, 39:18, discussing 111 • draft 14] - 26:6, enacted (2] - 84:24 extended 12] - 40:2, 59:20, 83:7 26:10, 31 :20, 25:20, 26:1 estimate [1] - 7:23, 61 :19 60:22, 61 :6, 61 :9, dishonor ill - 44:15 enacting ill - 53:3 extension (1] - 61 :12, 61 :16, 21 :8 drafts 111 - 26:4 58:21 estimation Ill - 10:3 62:4, 72:12, dissolved [11 - drainage Ill - enactment Ill - 56:7 extra 121 - 63:4, 85:16 51 :10 7:18 52:22 at [1] - 15:5 74:15 feet (21 - 29:2, distinguished drawing (21 - end (91 - 6:17, evening [2] - 74:15 [1] - 44:'� 7:14, 9:21 9:22, 10:2, 20:1 , 3:17, 51 :24 F fell Ill - 5:16 distressed ill - Drive [11 - 59:16 35:16, 45:16, eventually 131 - fellas hl - 47:11 35:22 driven 11] - 39:4 46:17, 52:7, 29:21 30:17, 82:6 felt [51 - 52:151 District 131 - drop 111 - 19:6 77:22 example [2] - facade PO - 75:14, 76:2, 77:61 26:12, 26:13, drove (21 - ended (21 - 32:23, 42:16 23:22 81 :5 26:15 74:16, 74:18 47:17, 69:4 excellent _ face (1] - 68:9 l3, fact (7) - 20:3, fewplll - 24:11 . district 111 - DUBAJIC (11 - ends [a] - 75:11 , 20:17, 42:15, few (n1 - 14:18, 6:23, 27:9, 40:20 41 :20 17:18, 20:15, 42:22 2 16:11 31 :61 37:19, divided [1] - 5:8 Dubajic 11) - 57:20 except Ill - 19:3 29:19, 29:23, 49:4, 49:7, 59:16, 18 64: document [141 - 41 :20 engineering [zi excess 111 - 41 :2 44:12, 68:9, 71 :8, 71 :24, 11 :4, 34:10, due 13] - 10:20, - 7:17, 34:12 exchange (2] - fair[31 - 12:13, 85:17 44:18, 48:10, 12:18, 64:18 enjoy Ill - 48:2 37:10, 38:18 14:15, 54:20 figure (1) - 65:6 48:17, 49:3, 49:5, dues Ill - 44:23 enjoying [1] - excuse [21 - fairly 131 - 30:24, file 11] - 48:14 49:6, 49:9, 49:12, 77:1 , 77:4 du9111 - 82:8 46:22 13:23, 48:6 filed Iz] - 3:5, 49:13, 49:14, Falls Ill - 17:23 duplexes (11 - enter(11 - 3:3 Excuse Izl - 82:22 68:7, 86:13 6:8 entered 11) - 14:11 , 56:14 falls 111 - 60:2 filing 111 - 82:20 documentation duties [1] - 31 :16 executed ryl - familiar[21 - final 11o1 - 6:12, I41 - 10:24, 72:18, 22:21 enticements 111 35:2 33:12, 56:1 12:19, 12:24, 73:7, 73:12 dwelling 111 - - 25:14 executing [1) - families [9 - 23:24, 25:21 , documents [31 - 22:24 entire (3) - 35:8 21 :12 26:2, 78:19, 11 :20, 67:23, dying [1I - 39:11 18:11 , 38:23, executive Ill - family Izl - 58:9, 78:22 73:9 65:13 41 :21 61 :22 finally [21 - 11 :7, dollar [4] - 53:2, E entitled (21 - Exhibit [1] - far [6) - 6:21 , 83:7 53:11 , 54:2, 1 :13, 88:6 23:10 7:18, 8:10, 11 :171 finances Ill - 67:16 43:7, 65:16 entitlement [11 - exhibit Ill - 67:14 dollars (21 - earliest 11] - Farm (21 - 1 :15; 39:16 34:11 fine 131 - 21 :6, 51 :16, 74:22 84:9 entitlements [2i exhibits [1] - 75:21 46:10, 58:20 donation [2] - easiest 111 - - 5:2, 5:20 44:17 fashion [3] - 5:4, finish [2) - 30:16, 37:12 83:18 ,36:24 39:22 entity [1] - 81 :10 existing Isl - 36:17, 36:19 done [171 - 5:8, east [1] - 6:18 entrance 11] - 15:51 16:21 , 18:7, Fathers [1] - finished (1) - 6:6, 31 :2, 36:4, eastern (1] - 7:6 65:19 18:10, 21 :17, 46:23 42:12 38:7, 40:14, easy 111 - 72:19 entry Iz] - 33:24, 37:24 . feasible [3] - finishing (21 - 42:13, 46:20, Economic 161 - 74:14 expect[l] - 15:19, 16:9, 19:24, 35:24 52:24, 65:9, 71 :2, 5:6, 11 :8, 13:16, entryway (31 - 10:11 16:13 first[151 - 9:19, 71 :3, 79:2, 79:51 38:12, 41 :21 , 45:14, 45:17, expecting (11 - features Ill - 12:22, 16:8. 81 :13, 82:3, 82:9 63:14 50:5 65:24 8:10 16:12, 25:21 , door 111 - 36:9 economic (3) equal 111 - 46:9 expedited (5) - federal 11l - 26:5, 26:6, 26:18, dormant [9] 13:5, 13:61 44:4 especially [4] - 12:18, 12:22, 39:20 27:5, 28:7, 30:8, 25:20, 26:1 , 27:5, - economically 27:4, 47:19, 13:14, 19:22, fee jig] - 5:19, 44:7, 63:8, 71 :6, 33:19, 34:7, Izl - 15:7, 16:13 49:19, 75:15 63:10 38:15, 38:17, 82:15 34:18, 57:1 , 57:5, economy [2] - establish (3] - expense [a] - 38:19, 39:24, fits ill - 86:16 58:3 5:13, 42:5 29:24, 50:23, 7:22, 34:17, 60:21 , 60:23, Five 111 - 77:16 down (141 - effective [1] - 53:2 62:13 61 :71 61 :17, five 1101 - 12:4, 11 :16, 14:21 , 35:4 established [3] - experience 121 - 61:18, 61 :20, 13:8, 19:171 15:22, 20:16, eight 131 - 29:8, 19:9, 26:8, 66:16 47:12, 58:14 61 :22, 74:12, 34:17, 34:20, 25:3, 34:1 , 36:91 73:13, 77:20 77:5, 77:14, 85:6, establishing 111 experienced (11 40:18, 58:51 52:17, 66:21 , either Ill - 17:10 - 51 -2 - 17:8 85:18, 85:19 60:21 , 77:15, 70:7, 72:18, electricians Ill - - feedback (l1 - establishment expiration (1j - 78:2 72:24, 81 :14, 64:3 41 :18 (11 - 24:6 61 :16 five-year (sl - 83:20 empty [2) - estate [1] - explain 121 - fees [171 - 13:9, 13:8134:17, downtown (2) - 22:23, 66: 19 62:14 1419, 48:7 13:10, 13:11 , 34:20, 58:51 Depo ^ Court Reporting Service ( 630 ) 983 - 0030 95 60:21 garage 11] - growth (91 - 58:23, 59:9, homes rye] - 6:71 important (51 - fix Ill - 75:13 66:11 12:12, 14:21 , 83:24, 87:7, 6:15, 9:11 , 10:17, 12:1 , 63:23, fixed [1] - 76:2 GARDNER (z) - 17:8117:10, 87:10, 88:6 19:17, 19:20, 69:21 , 69:24, flag ry1 - 15: 13 2:20, 49:10 17:11 , 17:12, hearings 131 - 22:9, 22:13, 82:23 flat [1] - 56:3 GARY [1] - 2:11 17:18, 44:5, 11 :21 , 71 :12, 31 :24, 40:17, impose [11 - flip [11 - 36:16 Gary (z1 - 56:15, 52:11 71 :20 40:21 , 41 :1 , 41 :3, 23:21 flower Ill - 46:5 83:16 guess Ila] - heirs 11] - 31 :9 41 :6, 42:9, 55:17 improved Ell - folks (4] - 3:23, generalized 111 - 23:31 60:19, 64:91 help (41 - 15:18, honor (1] - 32:5 22:23 32:19, 52:1 , 54:1 54:19 65:19, 67:23, 30:12, 45:7, hope (31 - 13:15, improvement follow [41 - generally [21 - 71 :7, 72:11 , 75:15 29:19, 43:8 131 - 75:23, 78:19, 17:17, 18:3, 6:14, 33:3 73:16, 75:8 helps [1] - 19:10 hopefully 161 - 80:6 20:20, 56:17 generate [1] - guy [z1 - 73:18, hereby [11 - 88:4 30:10, 30:11 , improvements foot [3] - 40:18, 62:14 74:6 hereto 11] - 46:24, 52:11 , (9) - 6:14, 7:41 7:8, 56:3, 56:4 GEORGE lit - guys (s1 - 68:7, 88:17 56:15, 59:11 33:2, 33:4, 36:11 force 111 - 15:18 2:8 71 :16, 72:9, 73:81 hereunder [1] - hoping (1l - 82:1 50:12, 57:14, foregoing ill - Georgeanna 111 74:23, 75:4 2221 horrendous [11 - 79:1 88:7 - 71 :6 hereunto 11] - 11 :1 improving Ill - foreverlll - GILSON Ill . 2:8 H 89:2 hot [1] - 19:7 80:18 85:11 GINOCCHIO [161 hi 11] - 9:18 hourp] - 1 :15 Inc (l] - 3:22 forgiveness (1l - - 43:14, 43:16, hair [�] - 57:11 high [2] - 29:21 hours ill - 11 :24 inches I21 - 38:19 48:12, 49:15, 58:16 house [sl - 29:8, 77:20 form 13] - 48:13, 49:18, 50:4, half [2] - 39:19, higher 41 :1 9 l3] - 29:8, 42:10, 43:2, include [21 - 5forw forward ill 51 :14, 52:5, 58:11 , 77:20 46:12, 80:20, 26:8, 86:20 Hall [31 - 11 :3, forward ll] - 53:11 , 53:24, hills [s] - 45:2, 82:5 included l3l - 51 :5 54:16, 55:1 , 55:31 44:7186:11 hall ill - 87:1 45:4, 45:15, 50: 9, houses (s] - 27:10, 28:7, 80:5 four lel - 12:41 55:71 55:24, 56:6 56:1 , 56:3 42:23, 42:24, including (1] - 20:12, 20:15, Ginocchiolil - halted [1] - himself[1] - 80:8, 81 :15, 82:3 28:22 29:2, 60:15, 55:2 14:19 - - hand (41 - 5:7, 31 :24 housing lzl • inclusive Ell - 62:18, 62:21 , 57:10 hio's I+] hindsight Ill - 16:10, 41 :7 88:8 83:3 - GIS [l 86:2 86:19, 5:13 hundred 111 - Incorporated (1] frankly 131 • GIS [11 - 62:16 89'2 hire il] - 17:13 78:23 - 3:5 32:6, 38:20, 40:7 gist [1] - 71 :9 handle Ill - 69:2 hit [1) - 58:1 hurry 131 - 12:23, incorrect [11 - freeze [11 - 13:9 giveaways [1] - hang Ill - 56:17 HOA (11 - 51 :8 12:24, 60:10 62:19 friends (11 - 13:5 85:22 happy Is] - 8:22, holder 111 - 28:4 hurt [11 - 51 :22 increased [z] - front[31 - 8:12, given [z] - 41 :11 , 52:10, home 141 - 23:5, 13:11 , 61 :21 55:15, 80:8 30:18, 87:3 70:13, 84:15 33:81 55:171 incurlll - 54:9 frontage [11 - glad 11] - 66:7 hard [51 - 7:13, 5521 indicated 141 - 21 :2, 66:2, 66:15, 80:22 GOL 6,16 z] - 86,17 homeowner[31 34:11 , 36:12, frustratedil] - 2:11 , 56:16 idea [1] - 11 :10, 33:6, 74:8 39:9, 59:19 48:20 1 :16 ki 111 - 57:16 individual [a1 - fulfill ll] - 18:19 4gov - 25'9 ideas 111 - 16:22 homeowner's 6:9, 29:17, 8020 hashed li] - illegal (1l - 10:19 full [i1 - 7:9 governmentry] 12e] - 6:3, 8:3, inflnite [1] - 82:23 ILLINOIS [z] - fun Iz] - 44:23, - 39:20 24:6, 25:13, 11 :15 healthcare [11 - . 1 :6, 88:1 45:5 governments 26:11 , 26:15, Infinitum111 - 73:1 Illinois Isl - functionry] - [i] - 15:24 29:24, 30:5, 32:18 hear(81 - 17:2, 1 :16, 2:22, 3:20, 7:17 Grande [22 33:21 , 34:2, info Ili - 11 :8 38:24, 44:2, 43;21 , 43:22, functioning ))) - 18:20, 32:22 50:24, 51 :11 , information lml 34:12 grass [4] - 45:2, 45:23, 47:10, 57:7, 57:17, 62:11 - 10:15, 12:1 , fund 111 . 36:3 46:4, 51 :15, 56:15, 72:15, 5721 59:7 imagine 111 - 75:9 12:2, 14:4, 22:3, 29:7 funded 11] - 8:4 51 :16 59:19, 64:15, 49:1 , 60:1 , 60:61 heard lsj - 12:4, immediate) 3 funding [11 - gravel [2] - 9:24, 65:4, 65:17, Y [ ] 71 ;13, 71 :22 15:10, 32:19, - 26:9, 82:22, 75:22 29:15 65:24, 69:2, 69:5, informedll] - future [3] - 20:6, gray (1] - 57:12 38:13, 50:1 , 69:10, 69:12, 83:1 59:21 im act 60:7 1 25:3, 86:5 great 111 - 70:20 hearing 17 _ 70:12, 83:5, 83:9 p infrastructure greater [11 - 81 :9 ] 141 -homeowners 39:16, 39:18, (31 - 55:10, 78:21 , 3:3, 3:4, 11 :1 , 77:5, 77:14 (�` Greenliriar (1] - 1107 - 8:5, 14:6, 7g.7 112, 11 :12, implementing 4:15 11 :18, 13:20, 18:10, 27:1 , g 1 nitlal131 - 30:6, grew [1] - 29:1 27:12, 58:19, ill - 26:19 44:15, 78:2 Game 1z1 - 115, 13:23, 22:7, 63:7, 64:16, 66:4, implies [11 - 75:20 ground - 20 41 :17 57:4 50:1 ink stall [11- 5 grow 111 - 16:20 84:5 install 111 - 59:5 Depo • Court Reporting Service ( 630 ) 983 - 0030 96 instances (11 - 71 :5, 76:5, 76:8, 56:12, 59:17, letters 131 - located [4] - 70:18 38:7 76:11 , 85:5, 67:22, 82:16, 19:10, 44:13, 3:13, 24:17, maintaining 111 - instead [1] - 85:10 83:13, 83:15 81 :7 79:10, 79:13 34:20 74:3 jOHNSON [il - letting Ill - lock 161 - 5:19, maintenance institute 11l - 70:24 L 54:13 40:2, 61 :17, 1151 - 6:2, 6:5, 70:12 Johnson [7] - level [21 - 46:20, 61 :18, 62:4, 7:23, 34:17, instituted Ill - 9:18, 35:17, 39:1 , 47:1 85:20 50:15, 55:20, 69:13 40:12, 64:8, LA 111 - 88:2 levied ill - 59:2 lock-in [1) - 57:6, 57:20, 58:5, insurance (2) - 70:23, 71 :6 lack (1l - 10:24 levy [e] - 8:13, 85:20 58:11 , 59:6, 25:61 60:13 Johnson's 121 - lady I1] - 66:7 53:5, 57:22, 59:11 longest 11l - 69:14, 77:19, intent BI - 84:14 36:16, 37:20 laid (1) - 45:23 59:8, 84:20 47:21 79:4, 79:10 intention (41 - JR [1] - 2:8 land (8] - 35:21 , levying hl - look [51 - 17:23, major (61 - 22:4, 9:7, 9:10, 35:24, July [5l - 3:91 64:20, 72:23, 34:3 17:24, 22:12, 22:7, 23:18, 66:14 13:9, 25:24, 41 :2, 79:23, 85:9, licensed 111 - 62:16, 71 :20 25:12, 31 :19, Interest 111 - 60:20 85:12, 85:13, 3:20 looked 12].- 75:23 42:5 June (1] - 89:2 85:24 Life ill - 17:23 68:8, 75:17 manpower ill - interested (11 - junk (21 - 28:23, landscape [3] - life (21 - 21 :12, looking (sl - 79:5 88:15 29:12 7:12, 27:17, 42:11 36:5, 42:17, 45:71 Mark (sl - 9:18, interim [1] - jurisdiction (1l - 27:18 lily [1] - 56:19 65:12, 72:17 43:161 47:11 , 39:17 76:17 language [9) - limit ill - 57:4 looks 141 - 48:19, 71 :5 internal ill - 12:19, 44:20, limited Ill - 29:15, 29:18, market[3] - 80:21 45:11 , 46:2, K 45:14 29:21 , 62:23 4:22, 16:10, 33:9 International 111 56:24, 57:23, Linden (4) - looped ill - 6:17 marketed ill - - 38:5 78:14, 78:16, keep (sl - 17:14, 79:16 20:9, 20:15, lose 111 - 7:4, 33:12 Mr Internet [l] - 32:11 � lost [s1 - 37:4, Marketplace (a) 4824 22:8, 45:7, 56:221 large Ill - 8:16 Linden's [3I - 57:11 , 67:14, - 42:2, 42:3, 67:3 larger 121 - 49:5 interpret 6713 37:1137,61 37:9 67:17, 85:11 42:15 4724 keeping 141 - last im] - 11 :51 31 :4 53:24, 17:9, 28:24, line - 6:15, loud [1] - 56:20 MARTY (11 - 2:4 , invest ll] - 34:1 , 41 41 :16, 54:9, love (11 - 40:15 mass (1) - 72:23 21 :11 66:21 . 38:13, 39:5, 41 :1 , 63:2 Iowerl21 - material [21 - investor (2] - keeps 111 - 40:9 44:24, 63:9, link Ill - 24:11 38:20, 39:23 86:18, 86:21 35:18, 35:19 Kendall [el - 3:7, 84:20 40:22, 41 :2, 42:1 , law [1] - 3:20 list 12] - 62:14, luckily [11 - 22:1 materials [1I - investors [21 - 62:15 lucky [11 - 17:6 23:22 1822, 35:23 42:3, 42:15, 43:4, lawn [3] - 6:5, 43:23 44:22, 78:3 listen 121 - Lynn (2] - 41 :14, matter[zl - 1 :13, involved 111 - 41 :12, 71 :14 41 :20 17;20 4:16 key ill - 10:1 lawnmower [zl - kind pol - 44:23 44:22 48:2 Listing (1l - maximize Ill - 1 [21 - 29:22, - 41 :16 , ,:15 45:5, 45!8, 45:22, lawyer 11l • 40:24 M 18:24 lists (1] - 63:1 maximum 121 - 47:2, 52:2, 65:8, 71 :14 issues 131 - 66:22, 66:23, la literally Ill - 59:1 , 59:2 13:18, 81 :18, 1"3'ers1 - ma'am111 - 67:17 17:13, 21 :10 32:24 mayor 1z] - 39:9, 82:2 21 :20 kinds 111 - 44:11 least 2 - 24:15, litigation 11] - 5Ma item !3I - 12, knowled a [il - 29:21 ( 1 37:9 mail ill - (1]- MayorIsl - 2:2, 16:24, 75:12 84:22 g leave [31 - 17:5, live (111 - 3:23, 44:6 mailbox [1I - 3:17, 3:24, 16:8, itself 111 - 22:9 known [31 - 19:7, 36:7 6:16, 13:24, 19:1 , 54:13 mailboxes 111 - 21 :22, 27;12, MAYOR [51] - 14:12, 42;20, led 111 - 15:16 10:20 .� 40:3, 42:111 3:2, 9:15, 21 :19, 57:12 legal lzl - 28:4, 43:20, 63:18, mailing (3) - 30:21 , 37:22, knows Ill - 53:8 10:19, 62:12, 82:14 41 :14, 43:12, JACQUELINE 29:13 K lengthy 110 lived [31 - 16:2, 63:5 43:15, 48:3, 48:6, [11 - 2:16 KRAMER, 31 - 34:10, 36:10 job jzl - 20:24, 3:17, 30:23main (3I - 6:17, , 31 :3, less 4 - 12:6, 30:8, 43:22 49:2, 49:11 , 1 ] 10:4, 57:13 livelihood [1] - 49:1 , 50:31 36:4 37:23, 56:14, 12:13, 41 :1 , 65:9 43:23 maintain [13] - 50:111 , 53:17, jobs [3] - 15:19, 56:18, 62:8, lesser ill - lives (2) - 21 :11 , 6:10, 28:21 , 53:20, 54:15, 63:23, 68:7 83:15, 8421 , 72:12 43:4 33:22, 36:15, 54:23, 55:6, 55:81 JOE [1] - 2:3 85:1 , 85:13 letter [13] - 6:19, 46:24, 51 :3, 51 :4, 56:11 , 59:13, Kramer 6:22, 7:4, 7:9, living 141 - 54:2, 55:17, 64:22, John (41 - 0, 55:3, 55:5, 66:4 61 :11 , 64:5, 57:10, 58:10, 3:19, 16:15, 36:21 , 38:23, :3 65:7, 65:18, 70:9 68:19, 71 :1 , 71 :3, 27:14, 28:5, 39:9, 80:1 , 80:7, loan [zl - 41 , 74:13 41 ;5 maintained [6] - 75:11 , 76:7, JOHNSON [9] - 29:23, 30:21 , 80:12, 80:17, 6:18, 53:9, 55:111 76:10, 76:12, 44:1 , 50:22, 81 :4, 81 :8 local l4l - 16:2 9:18, 64:8, 71 :2, ,37:8, 43:4, 64:4 57:16, 69: 19, 76:19, 76:22, Depo • Court Reporting Service ( 630 ) 983 - 0030 97 77:4, 77:16, 78:71 42:24, 50:7, moves Ill - N nice [a] - 4:18, 4:6, 22:20 78:10, 81 :11 , 60:17, 76:19 40:10 9:21 , 22:13, obviously (51 - 83:13, 84:17, million 12] - movie (11 - 29:21 , 45:7, 50:91 8:24, 28:12, 30:91 84:23, 85:2, 85:91 74:22, 76:9 17:22 N.A Ill • 34:23 56:2, 72:20 35:5, 42:14 85:12, 65:24, MILLIRON 141 - moving 11] - 9:6 name [71 - 3:18, night (11 - 38:13 occupation 111 - 86:3, 86:12, 59:15, 61 :4, 62:11 mow 151 - 29:3, 21 :21 , 48:51 nobody 111 - 23:1 86:24, 87:3, 87:6 . 62:6 29:5, 70:32 78:2, 54:24, 55:1 , 64:7, 59:20 odd 111 - 51 :16 McCue 1231 - Milliron Ill - 78:8 82:14 non [21 - 15:17, OF 141 - 1 :6, - 4:3, 4:5, 5:5, 6:11 59:15 mowed il] - namedpi - 64:1 1 :12, 88:1 , 88:2 8:1 , 16:11 , 23:21 , Milliron's [1] - 64:23 19:15 non-union 121 - off-site (2l - 24:2, 25:14, 27:4, 62:8 mowing j41 - names I1] - 63:8 15:17, 64:1 38:17, 40:1 29:2, 29:23, MILSCHEWSKI 6:4128:22, 36:15, near (11 - 59:4 none [41 - 4:23, offers (21 - 30:11 , 31 :16, [1] - 2:16 51 :5 nearly (1] - 24:3124:8, 44:16 60:12, 60:13 31 :20, 32:4, mind 11] - 53:24 MR (691 - 2:3, 64:10 normal [5] - officer(11 32:10, 33:11 , mini 111 - 40:19 2:7, 2:11 , 2:14, necessarily ill - 17:9,. 17:10, 77:21 37:2, 58:13, minimal [1] - 2:20, 3:17, 9:18, 51 :7 - 17:13, 58:9, often [2] - 11 :17, 66:20, 67:6, 64:23 30:20, 30:23, necessary 121 - 63:13 422 73:17 minutes [11 - 31 :31 37:23, 52:15, 67:24 north [2] - 5:23, old (21 - 60:23, McCue's Ill.- 71 ;15 41 :15, 43:14, need (n1 - 5:11 , 55:5 61 ;7 29:17 � misconception 43:16, 48:12, 7:18, 7:20, 17:31 North ill - 82:15 OLSON 1251 - mean 191 - s [l l - 56:21 49:10, 49:15, 36:16, 39:2, 41 :5, noses Ill - 17:4 2:14, 30:20, 26:14, 26:22, Miss [11 - 30:24 49:18, 50:4, 59:3, 64:23, not-for-profit 111 41 :15, :1 28:17, 44:21 , 8, miss (11 - 56:1 50:14, 51 :14, 74:18, 75:15, - 8:3 52:4, 522;18, 47:20, 49:13, missed 111 - 52:43 52:5, 52:18, 76:11 76:2, 77:21 , notes 121 - 31 :4, 53:14, 53:19, 54:11 , 68:6, 6721 53:11 , 53:14, 81 :81 81 :11 , 86:8 88:9 55:12, 56:5, 61 :3, 6822 misstated [1] - 53:19, 53:24, needed [21 - nothing (31 - 61 :15, 62:5, means [1] - 24:3 77:11 54:16, 55:1 , 55:71 12:5, 83:2 9:24, 39:21 , 76:17, 76:21 , meantime 111 - modification 111 55:122 55:24, needs 131 - 50:8, 63:14 77:2, 77:11 , 59:6 - 38:16 56:5, 56:6, 56:141 66:13, 71 :20 notice (61 - 22:1 , 77:17, 78:9, median 111 - modified [2] - 56:18, 59:15, neglected 111 - 44;5, 62:91 62:10, 78:12, 84:19, 50:19 61 :3, 61 :4, 61 :15, 63:21 31 :8, 85:18 63:3, 67:21 86:10, 86:18, meet [2] - 19:5, modify 111 - 62:9 62:1 , 62:5, 62:6, negotiate 121 - noticed [1) - 87:2, 87:5 84:15 62:8, 64:8, 70:24, 76:23, 77:6 momentll] - 58:24 Olson isl - MEETING [11 - 66:17 7121 76:5, 76:80 negotiated 111 - notification 121 - 12:17, 58:22, 1 :5 money 12ol - 76:11 , 76:17, 75:13 1 10:23, 67:20 72:2 meeting (4) - 12'.7114,131 772, 77;11 , neighborhood notifies [ll - once [2] - 8:19, 1 :12, 68:14, 15:12, 16:16, 77:17, 78:9, [7] - 22:91 24:19, 60:5 57:19 71 :14, 87:11 18:22, 30:10, 78:12, 82:14, 36:1 , 36:8, 40:8, notifying (1] - one 1451 - 5:16, meetings [l] - 30:11 , 30:13, 83:15, 84:19, 41 :6, 83:4 59:24 5:20, 8:1111 :22, 63:12 33:10, 373, 84:21 , 85:1 , 85:51 neighbors [4] - number 141 - 15:3, 16:5, 19:14, members [21 - 59:22, 674, 85:10, 85:13, 9:5, 48:16, 52:11 , 31 :7, 37:23, 19:18, 21 :24, 3:18, 20:19 73:17, 74:2, 75:4, 86:10, 86:18, 83:20 40:23, 45:18 22:7; 22:15, memo (2) - 75:19, 75:21 , 87:2, 87:5 net 111 - 68:24 numbers ill - 25:13, 25:23, 27:16, 72:2 76:4, 85:12, 86:1 MS 151 - 2:2, 2:6, never Is] - 8:4, 65:23 27:5, 36:4, 37:23, memorandum months [11 - 2121 , 312, 17:18, 31 :21 ; numerous Ill - 41 :15, 42:6, 45:11 [1] - 12:16 83:3 41 :20 38:13, 52:10, 66:22 45:18, 51 :15, memories 111 - monument [21 - Multiple (1) - 53:5, 56:18 52:1 , 52:21 , 18:17 50:19, 57:9 40:24 new [91 - 12:2, 0 52:22, 53:21 , mention [51 - morning 111 - multiple 111 - 13:1113:10, 54:11 , 56:2, 18:9, 26:13, 44:6 80:24 20:183 26:22, 56:21 , 58:18, 38:12, 48:23, most [a] - 14:1 , MUNNS Ill - 2:4 39:11 , 61 :7, 66:1 , Oak Ill - 4:17 60:21 , 61 :10, 73:8 15:6, 32:21 , must [7] - 11 :21 , 77:4 objection (11 - 62:22, 63:21 , mentionedlll - 36:13, 41 :11 , 1123, 1221 , newer [2) - 7:19, 84:8 65:11 , 67:19, 50:5 52:1 , 64:11 , 13:10, 14:11 , 33:21 obligated Ill - 68:19, 69:16, mess [11 - 19:8 76:17 19:23, 67:21 newspaper 121 - 23:6 72;6, 74:14, metal Ill - 29:14 motive 11] - mystery (1] - 62:11 , 63:3 obligation 151 - 75:10, 75:12, microphone [1] 19:24 37:1 next (9] - 3:2, 34;16, 58:6, 76:3, 76:22, - 41 :18 move [31 - 6:24, 15:23, 36:9, 44:6, 79:20, 80:10, 80:22 might [/] - 15:22, 63:17 45:18, 60:19, 81 :3 One 121 - 30:14, 27:14, 29:8, 33:41 moved Ill - 45:8 68:13, 73:18 obligations 121 - 77:17 DepoeCourt Reporting Service ( 630 ) 983 - 0030 98 ones [e] - 8:16, 20:9, 26:24, 79:12, 80:2, 80:51 14:3, 20:21 , plan [91 - 5:9, 65:19, 87:10 20:10, 20:13, 27:12 80:9, 80:12, 39:14, 46:23, 5:10, 7:12, 16:9, portions 121 - 27:1 , 27:11 , 35:7, owner[121 - 4:7, 80:19, 80:24 60:1 , 60:5, 63:22, 27:18, 32:5, 32:81 64:19, 64:21 35:9, 66:5 6:9, 9:2, 28:6, Parkway ill - 64:4, 68:10, 70:3, 73:1 possibility Ill - onus 19 - 74:4 28:10, 31 :13, 3:14 70:6, 71 :12, Planned [3] - 76:20 open [21 - 8:15, 34:22, 3423, part 19] - 7:2, 71 :21 , 72:19, 3:8, 3:10, 4:21 post [71 - 6:22, 47:17 35:9, 78:1 , 78:121 7:21 , 10:21 , 34:7, 81 :17, 83:5, 86:8 planned l3] - 7:4, 7:9, 36:21 , open-ended [1l 80:2 48:9, 49:15, people's [2] - 6:1 , 15:14, 31 :23 80:7, 80:17, 81 :8 - 47:17 owners (ill - 51 :17, 55:23, 18:4, 21 :2 planning hl - posting hl - operating 111 - 22:21 , 28:14, 65:16 per[21 - 58:17, 18:7 81 :3 68:22 28:15, 28:16, partial [31 - 72:72 74:11 plant hl - 34:13 postpone hl - opportunities 28:17, 33:14, 78:15, 78:19 percent Ill - plant-type Ill - 68:13 Ill - 46:18 63:7, 64:20, 78:41 participate Ii1 - 74:1 34:13 potato [1] - 19:7 opportunity [2l - 84:5, 84:15 33:1 perhaps 121 - planted Ill - Potterville Ill - 44:18, 56:10 owns 11] • 76:15 participating Ili 5:3, 48:10 74;7 17;24 option hl - 66:5 - 33:6 period lei - 7:23, plantings [3] - POWELLhi - orderly 121 - 5:4, P particularly Ill - 33:7, 34:18, 7:20, 70:1 , 70:4 2:15 36:24 15:7 34:20, 36:10, plat le] - 5:10, practice Ill - ordinance [71 - parties [2) - 57:20, 58:5, 59:6 6:12, 24:1 , 25:21 , 3:20 27:18' 29:7' Pm Ill - 1 :15 88:13, 88:14 permission 11] - 26:2, 78:19, package [21 - Pre [+1 - 85:20 37:15, 52:22, pass 121 - 13:1 , 35:13 78:23 6:3, 7:15 Pre•PeYin9 t9 - 53:4, 53:22, 53:22 permit 131 - Pledge [1] - 3:1 85:20 5822 packet [e] - passed 111 - 60:24, 80:16 PLOCHER - 11 :6 119, 12:16, f 1 7:17 precedence hi , : - ordinances 151 - 48:16 permits [s] - 2:3 17:17 14:5, 71 :15, 7:10, 52:21 , 53:1 , passes Ill - 39:15, 39:17, plumbers llI - precisely [1] - 53:16, 57:3 86:18, 86:19, 28:20 40:17, 40:22, : Y 87:4 643 4:24 original [271 - past l41 - 13:4, 42:8 plus l9 - 86:14 prefer121 - 69:1 , 8:17, 13:7, 14:11 , Page Ill - 11 :4 14:18, 45:18, petition liol - Pages hl - 88:7 podium Il] - 6pref 22:17, 23:20, 60:3 3:5, 4:20, 5:18, 25:19, 26:3, 27:6, pages i21 - 49:7, 9:17 preferably (�I - 68:9 Path ryl - 73:1 24:16, 27:71 , point [121 - 8:7, 41 :18 31 :4, 31 :14, patting [9 - 28:1 , 28:7, 31 :61 9:20, 20:10, preliminary 31 :15, 33:17, paid 141 - 30:4, 31 :22 56:9, 62:9 : rY [t] - 30:9, 30:13, 54:5 30:17, 42:16, 5p 34:7, 37:13, pave iz] - 74:13, petitionerrysl - 55:13, 59:23, premierryl - 48:10, 49:3, 49:8, Panicked Ill - 81 :16 3:5, 3:16, 3:21 , 56:23, 57:23, 18:14 66:8, , 76:8 73:2, 16:4 paper [al - 22:1 , Paved [�] - 9:4, 12:17, 13:17, 74:10, 76:8 prepare ICI - 61 :23, 68:4, 73:9, 74:19 13:19, 13:21 , 73:11 , 79:21 , 22:2, 67:19, Pointed l�] - 11 :14 pe 86:20, 88:17 67:21 - Pay Ins] - 13:10, 37:23, 38:10, 49;20 prepared [z] - 27:21 , 30:5, 60:2, 63:16, points [1] 31 :20, 44:19 originally 141 - paperwork [1] - 33;15, 37:8, 46:31 78:17, 84:81 84:9 68:11 prepay Ill - 62:3 73:6 4:2, 5:24, 18:12, 46:12, 52:6, petitioner's 121 - policies [2] - presentable i 31 :16 paragraph 17l - 61 :12, 61 :13, 60:4, 78:16 P Ill 22:19, 26:17, 1 Policy 7141 - 2pre otherwise 12l - 61 :16, 64:21 , phases ryi - 5:8 policy (al - resented hI - 48:22, 49:19, P 11 :19, 23:1 65:5, 72:14, Pick [ 1 - 48:18 13:17, 13:22, 18:12 1 49:23, 57: , 57:5 ought Ill - 32:18 83:11 picked [31 - 63:24, 72:7 president ICI - ourselves 11l - parallel [1] - pay-as-you-go- 48:19, 48:21 , 83:6 72:27 Pond [3) - 7:12, 38:21 p - type Ill e l - 72:74 62:21 9:12, 45:18 pressure outcomeh] - parcels [3] - payable l�l - piece ill - 21 :24, 7 88:15 26:81 26:21 , Ponds [»] - 67:2 85:11 29:14 7:14, 7:16, 8:11 , 27:10 Pretty [a] - outside outlot e - - 6 Park 1�s] - 8:19, paying 181 - pieces 19 - 45:8 27:14, 27:17, 29:15, 29:18, [s] 6:2; 12:13, 33:7, Pile ryl - 29:14 34:1 , 34:9, 45:3, 68:6 6:5, 58:11 , 72:19, 30:15, 30:17, 33:15, 4516, Place 1»! - 46:15, 50:51 57:9, price [31 - 35:22, 37:12, 37:16, 79:13 52:7, 59:19, 20:17, 20:21 , 57:18, 58:6, 54:20, 64:24 73:7, 73:9, 73:14, overall [�I - 5:9 64:19, 85:20 34:19, 36:12, 69:16, 69:19, overview 11] - 75:9, 79:19, primarily 05:2 izl - 79:20, 7922, Payment ry] - 38:4140:10, 66:1 , 70:2, 83:1 4:20, 5:23 11 :4 37:10 70:8, 74:12, 79:24, 85:14 poor Ill - 18:17 Princeton izi - own 171 - 6:101 payments Ill - 77:14, 88:10 portion 1121 - 43:22, 54:5 parks Il] - 85:14 10:14, 18:16, 44:24 placed Ill - 6:13, 6:19, 7:6, principals 24:14, 27:2, Parkway [131 - Pelosi [1] - 13:1 34:19 pals [21 - 55:20, 56:2, 56:7, 36:18, 50:24, 4:16, 40:13 64:20, 69:14 people 1201 - Plainfield 121 - 51 :1 , 51 :9, 51 :121 owned 131 - 74'2' 74'T 78'24, 12:8, 13:2p 13:24, 38:22, 39:5 65:11 , 65:15, Problem I4 - 39:10, 39:14, Depo • Court Reporting Service ( 630 ) 983 - 0030 99 48:9, 54:17, 70:6 proud (1I - 43:21 68:23, 70:2, 70:81 reached [11 - refer 121 - 22:1 , 88:4 procedure (1] - proves Ili - 74:6, 77:12, 14:2 44:17 represent121 - 68:22 11 :18 77:13, 81 :4, read [ill - 13:7, reference (2] - 3:21 , 38:11 PROCEEDING provide [2] - - 81 :15, 81 :23, 22:14, 26:10, 38:9, 49:19 representing (1I S Ill - 1 :12 30:15, 86:11 82:5, 86:13 44:15, 44:18, referenced 11] - - 78:15 proceedings 121 provided 111 - puts 111 - 74:4 46:15, 48:17, 58:23 reproduced Ill - - 87:9, 88:5 53:10 putting 131 - 64:11 , 72:5, referencing Ill - 86:20 Proceedings 111 provides [11 - 24:10, 33:9, 73:12 49:3 reputable [2I - - 88:7 34:17 43:17 reading 13] - referendums (1I 9:5, 36:3 process 11I - public [2e] - 3:31 45:13, 48:11 - 40:19 request 121 - 5:12 3:4, 3:180 7:3, Q 48:22 reflect [1] - 12:2, 13:13 - profiles [11 - 7:8, 11 :1 , 19 :21 ready [1] - 6:23 20:20 requested (s] - 36:5 11 :12, 11 :21 quality [61 - real 19] - 3:12, regard 131 - 10:8, 11 :3, 75:13, profit [s] - 8:3, 13:20, 22:71 33:2, 38:22; 39:10, 38:10, 83: 17 78:17, 81 :2 10:14, 14:16, 33:3, 37:2, 50:12, 22:8124:19, 32;7, 43:20, 44:10, . regarding (zI - requesting (41 - 18:16, 19:4, 19:6 50:19, 55'9157'31 40:9, 42:23, 47:6, 54:16, 78:14, 79:19 3:7, 10:13, 14:9, profiteering I11 - 58:23, 59:91 46'19 62:14 quarter 121 - regardless (11 - Ie 19:12 71 :12, 71 :20, realize El r Ill 57:2 61 :18 requests 121 - 74:22, 76:9 profits (11 - 79:1 , 80:51 80:22, really [111 - 42:8, reimbursed [11 - 5:21 , 8:9 18:24 83:23, 87:7, questioned (1] - 43:3, 45:10, 63:1 , 74:1 required [121 - 42;2 Program (2I - 87:10 66:2, 66:24, 67:2, reimbursing [11 11 :13, 23:20, 39:21 , 72:14 publication I21 - questions [171 68:3, 68:81 69:3, - 80:3 24:24, 25:1 , project 121 - 6:7, 62:12, 63:4 8:23, 22:5, 22:6, 70:8 30:22 37:20, related [21 - 28:21 , 29:6, 51 :91 , 36:15 PUD [91 - 5119, realtor Ell - 16:2 88;12, 88:13 57:15, 62:10, 8:17, 8:22, 9:8, 1 41 :11 , 42:6, realtors promise Ell - 59:17, 62:2, 62:7, Ill - relating 111 - 63:51 66:10, 17:11 31 :15, 48:14, 40:23 23:22 3:22 79:22 56:23, 62:10, 63:9, 64:12, promised (41 - reason (sl - relationship(i) requirement (21 18:19, 22:10, 72:4 71 :24, 72:11 , 13:13, 46:3, 67:51 - 10:5 - 26:11 , 50:23 23:16, 24:20 Pulled (31 - 82:13, 83:14, 75:17, 81 :12 40:17, 4022, 853 relatively Ili - requirements : promoted 111 - reassured 111 - 84:4 111 - 15:5 58:13 42:8 quicker Ill - 68:15 40:22 relied Ili - 47:8 requires [1] - proper ryl - 16:9 pulling [1] - quickly reeeiPtll] - relief(2I - 37:18, 37:14 39:17 properly Ell - 32:12 85:16 requiring 30:24, 84:4 Ell - 60:5 pulls fl] - 80:15 received [67 - remain [1l - 82:5 properties El] - P unched 111 - quit Ill - 17:2 10:16, 11 :31 14:7, 79:20 research 12] - 64:20 17:3 quite [21 - 14:5, 44:5, 44:7, 44:9, 8120 remedies [1] - 11 :24, 42:22 property 1251 - Punished 111 - 48:12, 79:24 78:5 Reserve 121 - 3:12, 4:1 , 4:6, 27:4 quotas (11 - 19:6 recent (11 - remember 141 - 18:21 , 32:23 . 4:11 , 4:12, 5:3, Purcell Ill quote 141- 69:15 14:20, 15:1s resident 2l - 6:10, 6:20, 8:24, 43:20 12:15, 13:15, recently 111 - 18:18, 52:23 43:21 , 54:6 9:8, 20:7, 31 :11 , Purchase E:2] - 14:8, 14:17 40:17 quoting [1] - remove [21 - residential (151 - 31 :14, 33:12, 4:10, 12:19 u hae recommend 11] 65:12, 81 :3 12:6, 12:8, 12:12, 35:3, 35:5, 35:10, purchased (zl - 15'3 - 15:21 removed [l] - 14;18, 14:21 , 36:22, 37:5, 18:13, 54:1 record 1121 - 80:11 14:24, 15:6, 23:1 , 37:16, 77:19, purchaser 141 - R 24:3, 24:15, 25:11 removing 111 - 25:9, 33:18, 39:31 77:24, 78:1 , 78:41 22:23, 23:2, 28:31 28:11 , 28:18, 65:15 39:13, 50:18, 80:2 28:17 R2161 - 26:13, 30:1 , 34:22, renaissance 111 55:15, 8014 propose Ill - purchasers[2] - 26:15, 51 :91 34:24, 35:9, 37:2, - 39;7 residents [s] - 68:12 25:3, 33:1 51 :12, 58:8 - 54:24, 64:7 renders 111 - 10:16, 10:23, proposed 131 - purchases [1] - R414] - 26:12, recorded 171 - 15;6 21 :1 , 34:4, 53:6, 26:5, 26:18, 47:4 31 :10 50:24, 58:8, 58:9 5:11 , 8:2, 25:5, repeating I11 - 60:8, 68:15, prorated [1] - purpose 12) - raise Ell - 54:6 31 :21 , 32:9, 66:9, 85;97 73:23 16:16 25:8, 51 :11 . rammed Ill - 66:17 replace (11 - residents' (11 - protect (31 - Purposes (1] - 52:16 recover [1] - 5:1 74:24 33:19 18:8, 19:10$ 8:20 ran 111 - 37:3 recreation 111 - Report 111 - 88:7 resolution 111 - 20:24 put [2o] - 7:20, range [1I - 40:18 820 report[2] - 1 :12, 52:23 protecting [1I - 18:8, 20:17, rates [11 - 60:16 red 111 - 15:13 7723 respect [81 - 21 :15 27:23, 34:19, reduce Ill - 81 :8 re 21 :4, 39:1 , 40:4, rather Ell - 74:7 ported 117 - protection (11 - 37:71 57:15, ravine 111 - reduced 11] - 88:5 58:71 63:15, 33:20 66:11 , 67:2, 7222 13:12 Reporter Ell - 84:16 Depo • Court Reporting Service ( 630 ) 983 - 0030 100 respond 121 - 75:21 , 76:15, schools (1] - separate 111 - 57:19 3:15, 24:10, 46:4 22:6, 63:22 76:18, 77:12, 85:13 6:3 signatories 111 - someplace (1] - responded ryl - 77:13 Scott's Ill - served [1] -&32:3 28:15 9:22 44:6 roads 141 - 6:20, 29:11 Service (11 - signed (2] - sometime 111 - - response l2] - 9:22, 33:16, screen 111 - 7:15 40:24 16:8, 88:18 20:5 71 :4, 86:2 36:18 season (i] - service 111 - signs 111 - 29:17 sometimes [2] - responsibility roadway 151 - 9:11 32:22 similar(41 - 17:4, 35:19 191 - 46:21 , 55:13, 20:14, 50:20, seasonably ill - services [4) - 72:7, 78:18, somewhere ll] - 55:16, 59:24, 74:17, 75:1 , 63:17 44:12, 45:12, 79:16, 79:17 33:4 60:4, 65:17, 79:10 Second (11 - 49:24, 53:10 simply 131'- son 121 - 55:3, 78:20, 79:11 , roadways ill - 78:6 set 141 - 16:20, 31 :21 , 36:19, 55:4 88:20 79:8 second [8] - 53:12, 59:1 , 89:2 41 :3 Son [2] - 20:9, responsible [31 - ROBYN 11] • 2:6 5:22, 6:11 , 26:17, setting C2] - simultaneously 20:15 7:23, 17:11 , rocks (11 - 45:9 46:16, 51 :17, 17:16, 22:7 ill - 53:16 song [1] - 18:23 46:23 ROSE 19 - 2:5 84:2 settled [3] - - single 131 - 42:4, sons 111 - 45:1 rest 13) - 36:23, roughly 111 - secondly (3] - 13:19, 13:22, 58:9, 61 :22 sooner ill - 75:5 51 :21 , 78:20 61 :5 52:5, 54:19, 14:2 single-family [2] souls 11] - 15:24 restaurants 131 - Route 121 - 82:24 seven (2] - - 58:9, 61 :22 sounds 151 - 39:7, 42:17, 43:8 19:14, 75:24 Secondly 111 - 19:17, 56:4 sit 111 - 83:19 12:24, 46:10, restrictions 181 - ruined [1] - 82:7 15:20 several 12] - site 1121 - 15:7, 47:6, 47:13, 72:9 23:7, 23:17, rules (121 - secret 121 - 10:10, 22:5 38:17, 40:1173:7, source 11] - 23:22, 23:24, 14:14, 14:16, 37:10, 40:21 sewer(51 - 73:9, 73:10, 11 :22 24:5, 24:7, 24:9, 18:8, 18:16, 19:1 , Secretary (31 - 33:16, 37:7, 73:14, 75:9, south 121 - 3:13, 24:18 19:10, 20:20, 8:3, 8:7, 30:1 78:24, 79:9, 79:19, 79:20, 55:4 results [1] - 65:1 20:22, 21 :5, section (31 - 79:12 79:42, 79:24 space 111 - 8:15 resurfacing Ill - 21 :17, 71 :19, 10:18, 12:21 , Shadow [4] - sitting 131 - 36:8, Speaker(11 - 75:1 71 :20 26:6 19:15, 40:14, 75:6, 77:22 13:1 retail 111 - 43:8 run 151 - 18:14, Section [8] - 42:24, 43:2 situation (3) - SPEAKERPHO retailers (21 - 60:20, 60:21 , 22:16, 23:10, shall 121 - 22:22, 35:16, 79:18, NE 111 - 2:10 41 :24, 42:16 64:16, 82:6 23:18, 24:23, 73:14 81 :12 SPEARS [2] - retention 111 - run-out (21 - 25:19, 26:17, share 121 - six (5] - 48:22, 2:51 48:4 65:13 60:20, 60:21 30:15, 52:18 12:13, 40:1 49:20, 49:23, special (71 - return 111 - Ryan [1] - 82:14 secure 11] - 25:6 sheet [21 - 56:3, 83:3 32:22, 44:12, 85:20 security 11] - 67:19, 86:15 size [2] - 42:24, 45:12, 48:22, returned 121 - S 81 :10 shiningll] - 65:21 49:24, 63:12, 62:19, 62:22 see (181 - 7:13, 16:5 sized 111 - 58:9 70:4 revenue 111 - 8:24, 9:12, 13:2, shop 111 - 15:17 sleeves Ill -sacrifice specific (11] - sacri 111 - . 10:12 17:9, 31 :31 42:8, shorten (1] - - 15:15 31 :6, 31 :12, revenues (1l - 40:6 42:18, 43:6, 43:91 58:5 slipped 11] - 31 :17, 38:14, 10:14 safety (1] - 45:11 , 47:3, Shorthand 111 - 62:24 66:24 44:20, 45:13, review ll] - 52:13, 71 :15, 88:4 slow ill - 14.20 46:2, 47:16, 48:1 , 88 (1] - :2 34:13 SALLE 71 :22, 73:5, 73:6, shorthand 121 - slowed 111 - 50:9, 52:14 74:16 rezone 111 - 20:6 satisfaction (1) - 88:5, 88:9 81 :14 specifically 14l - rhetoric 111 - 79:2 seeing [1] - show 121 - slower[z] - 23:9, 42:1 , 45:10, 15:9 saw 13] - 22:1 65:22 , 49:11 , 52:15 17:7, 17:10 57:4 rid (3) - 37:24 seem 11l - 42:5 26:6, 65:12 side 141 - 10:12, smack [11 - 17:4 specifics (2] - , 58:15, 58:18 scattered 111 - sell 19] - 7:1 , 45:20, 55:4, 55:5 small [2] - 8:11 , 73:20, 82:17 Ridge llol - 20'11 15:24, 19:20, sidewalk (el - 56:1 spell (21 - 53:23, 16:15, 18:20, schedule (8) - 22:15, 23:4 45:16, 45:21 , smaller 14] - 55:2 38:11 , 72:8, 12.18' 23:13, 36:22, 19.22' 50:8, 74:5, 80:1 , 5:24, 7:14, 51 :1 , spelled (2] - 24 60 21 , : , 72:10, 72:14, 60: 74:3, 80:14 80:4, 80:13, 82:6 58:10 54:18, 66:24 78:15, 78:18, 61 :7, 61 :8 selling [3] - sidewalks 1111 - smallest 111 - spelling (11 - 79:6, 81 :12 scheduled (1] - 5:14, 35:22, 42:13, 55:9, 16:24 52:14 risk [1] - 85:17 68'2 73:22 55:170 57:13, SO.. 131 - 22:3, spending ill - road [71 - 15:22, schedules (1] - send 121 - 78:10, 74:1 , 78:24, 61 :24, 84:16 83:23 20:16, 25:3, 68:8 78:13 79:12, 80:8, soft (11 - 15:24 spiel (i] - 64:10 38:18, 45:19, scheduling 111 - sense 141 - 7:173 80:19, 80:24, sold 131 - 41 :2, spoken 111 - 76:2, 80:22 63:11 13:5, 13:6, 47:2 81 :16 42:4, 81 :15 67:6 Road 191 - 1 :15, school lll - sentence 121 - sign (4] - 8:11 , solid Ill - 20:22 SS 11] - 88:1 10:3, 20:4, 20:14, 40'19 22:18, 72:6 32:12, 33:24, someone 13] - SSA(39] - 8:10, DepoeCourt Reporting Service ( 630 ) 983 - 0030 101 8:14, 25:13, statutes Ill - 29:16, 32:1 , 34:4, tank ill - 16:11 52:17 22:22 25:15, 25:17, 62:11 36:18, 42:12, tarp [1] - 29:12 throughout [41 - translate [1] 25:18, 25:20, statutory ill - 42:14, 49:24, tax [91 - 32:22, 20:11 , 30:7, 42:11 43:10 26:1 , 26:7, 26:191 63:3 51 :3, 54:1 , 54:7, 40;18, 45:233 43:10 transparency 26:22, 27:51 27:8, stayed [11 - 66:1 72:8, 72:20, 47:19, 48:24, throw [1] - 21 :1 [2] - 11 :18, 71 :12 32:17, 33:61 stays Ill - 8:18 74:14, 75:20, 51 :20, 54:3, thrown [11 - transparent [1] - 33:13, 33:19, step 121 - 32:19, 75:23, 76:3, 80:9 62:14, 70:16 29:18 11 :23 44:13, 48:7, 50:31 63:4 subdivisions [2] taxes ill - 47:23 tied Ill - 66:13 transportation 50:15, 51 :2, stick 11] - 16:20 - 4:14, 35:21 taxpayer's [1] - Tim Ill - 64:8 (5) - 38:16, 39:24, 51 :13, 52:19, still Il 4l - 24:22, subject 141 - _ 18:4 timely [11 - 60: 1 74:12, 75:12, 52:20, 53:18, 31 :13, 33:16, 8:13, 32:180 taxpayers 141 - title [31 - 25:6, 85:19 55:23, 57:1 , 57:3, 34:19, 41 :8, 49:24, 59:9 15:122 16:21 , 28;4 Treasurer Ill - 57:5, 57:8, 57:22, 41 :16, 58:6, Subject Ill - 19:11 , 75:5 titled 11] - 35:21 2:15 64:14, 66:1 , 62:23, 64:13, 72:3 taxpaying 11] - today le] - treated 11] - 68:21 , 82:20, 66:5, 66:8, 79:22, submittal 111 - 21 :15 17:10, 18:23, 18:18 83:8, 83:12 81 :9, 85:10 24:1 tears [11 - 21 :7 30:3, 38:4, 46:51 tree [21 - 80:5, SSA's (2) - stimulate I21 - subs Ill - 64:3 technical ill - 60:141 71 :19, 80:13 32:20, 32:21 39;22, 43:6 substandard (11 41 :15 74:18 trees (91 - 74:2, Staff 181 - 4:1 , stimulus [1] - - 81 :18 TEELING [1) - Todd Ill - 59:15 74:6, 78:24, 13:16, 13:19, 39:20 substantial 121 - 2:9 - together 131 - 79:12, 80:2, 80:9, 13:21 , 27:16, stop [11 - 14:21 10:11 , 14:9 ten l4] - 17:9, 18:8, 46:31 86:16 80:19, 80:24, 75:13, 76:1 , 81 :6 stories ll] - success l3] - 17:13, 67:16, tOM 11l - 2:20 81 :16 stake Ill - 77:24 43:10 42:19, 43:9, 74:17 tonight 1171 - tried 121 - 41 :10, staking [1] - stormwater l4] - 43:10 tendered ill - 4:8, 8:23, 9:3, 66:20 78:2 34:12, 69:21 , successors l2] - 4:6 10:15, 10:18, trip [1] - 44:7 stand [91 - 9:3, 78:24, 79:9 22:18, 31 :9 tenth 111 - 65:20 11 :16, 21 :14, trouble [11 - 17:1 , 18:1 , 20:20, story [21 - 42:19, sue [11 - 16:23 term [21 - 31 :15, 28:8, 28:9, 44:3, 41 :17 21 :2, 21 :17, 43:9 suit I21 - 88:13, 59:4 44:8, 52:16, troubles Ill - 24:22, 38:22, straight ill - 88:14 terms Ilol - 5:2, 56:22, 60:11 , 18:2 39:19 73:3 summarizes [11 7;16, 12:18, 18:5, 63:13, 68:2, 86:4 true [3] - 28:12, standard 121 - straits I11 - - 8:21 31 :4, 31 :19, 32:7, tonight's 111 - 33:16, 88:8 37:16, 68:21 67:14 summer la] - 32:17, 37:12, 11 :12 truly 111 - 44:19 standards 171 - strange Ill - 44:22, 51 :17, 63:10 took (51 - 10:18, Trust [1] - 13:4 23:11 , 23:15, 20:8 51 :21 testimony I11 - 26:20, 37:9, try pl - 14:14, 27:20, 69:20, strapped [1] - Sunflower Isl - 89:1 38:22, 66:22 19:2; 39:21 , 70:9, 81 :20, 67:4 69:41 83:8, 83:11 , themselves 131 - top [1l - 54:2 41 :12, 56:19, 8122 street 131 - 84:22, 84:23 4:22, 27:21 , 69:6 totally Ill - 6:3 66:22, 82:10 standing [21 - 18:15, 36:10, Sunset Ill - theory Ill - 33:5 touched (11 - trying [61 - 49:1 , 30:2, 84:13 75:14 84:22 therefore [11 - 77:18 56:16, 64:14, stands Ill - Street [11 - 74:13 support [1l - 65:18 town 161 - 15:23, 67:7, 70:8, 72:18 26:15 streets [6] - 10:24 thereof [21 - 21 :7, 42:1 , 43:5, turn [61 - 5:7, star [1] - 16:5 45:20, 55:9, supposed [11 - 88:15, 88:18 43:7, 43:11 32:14, 37:17, start pl - 7:3, 75:19, 81 :17, 24:12 they've 111 - 38:1 town's 111 - 16:3 46:21 , 51 :2, 9:10, 9:20, 36:7, 81 :18, 82:2 Susan [11 - thick 111 - 68:6 townspeople 111 80:11 42:81 72:1 , 84:13 strict [11 - 37:15 48:15 thinking 111 - - 18:8 turned Is] - 4:17, started [3] - strong [1l - 36:6 suspect [21 - 20:16 toy [11 - 64:14 52:1 , 55:18, 6:20, 36:19, 42:9 structure Ill - 31:23, 48:19 third [21 - 22:18, track f2] - 72:18, 57:12, 57:19 starts [11 - 49:21 5:20 SUTCLIFF 111 - 46:16 81 :7 twice 121 - 42:10, STATE 111 - 88:1 structures [1l - 2:6 thirdly 111 - 6:11 traditional lll - 54;4 State [3] - 8:3, 23:23 sweat [1] - 21 :7 threat Ill - 17:2 6:7 twisted 111 - 8:7, 30:1 stuff [21 - 22:14, swoop Ill - 5:16 threaten 11] - traffic [2) - 29:14 state [6] - 3:20, 23:17 system (1] - 16:23 75:16, 82:7 two [211 - 4:13, 11 :13, 48:4. sub I1] - 6:3 62:20 three [111 - 11 :4, Trail Is] - 3:14, 8:10, 8:11 , 8:15, 51 :11 , 54:23, subcontractor 29:1 , 33:23, 45:19, 45:21 , 19:17, 22:4, 64:6 [1] - 64:22 T 47:21 , 47:22, 56:2, 76:18 32:20, 33:24, statement l4l - subdivision [281 54:41 57:7, 62:21 , transactions [1] 45:4, 51 :14, 43:13, 63:24, - 3:24, 4:15, 4:17, 63:6, 77:21 77:13 - 47:9 52:21 , 53:1 , 57:9, 7321 5:23, 613, 6:24, table 11] - 7722 three-page [11 - transcript [21 - 60:14, 62:24, states 121 - 7:7, 14:10 15:15, talks i31 - 22:17, 11 :4 88:9, 88:18 63:9, 71 :15, 77:2, 25:20, 28:10 18:11 , 21 :23, 26:18, 74:11 throats 11] - transferred Ill - 77:13, 78:1 , DepoeCourt Reporting Service ( 630 ) 983 - 0030 102 80:24 7:13, 7:18, 8:12, Vitosh 12] - 88:31 6:18, 65:15, 84:3 33:14, 72:2 type 191 - 6:6, 9:17, 9:21 , 11 :16, 89:6 West ll! - 82:14 works [21 - 5:13, 7:20, 15:9, 33:141 15:11 , 15:14, VITOSH [1] - western I51 - 35:20 34:13, 41 :7, 45:91 17:1 , 19:7, 20:13, 1 :14 6:19, 19:24, 20:31 world [11 - 46:17 50:20, 72:14 20:20, 21 :2, 22:3, vocal 111 - 10:9 36:18, 51 :1 worried 121 - types [1] - 32:21 24:14, 27:20, vote [s] - 11 :16, wetlands 11] - 32:1 , 66:23 typically 121 - 28:23, 29:14, 28:91 46:1 , 53:12, 65:14 worth [1] - 47:22 78:22, 80:4 29:21 , 35:16, 60:10, 68:1 , whatsoever 121 - writing l2] - 36:14, 37:17, 68:13, 71 :16 37:11 , 37:18 23:2, 44:8 U 37:20, 38:6, 40: 11 voted [21 - 31 :6, whereof ry1 - written [5] - 45:16, 48:18, 69:5 89:1 4:10, 46:11 , 51 :71 48:19, 48:21 , voting ill - 44:8 White [11 - 4:17 64:9, 66:14 ugly [1] - 45:8 52:7, 52:15, whole isl - 6:13, unbuilt [21 - 59:12, 60:10, w 33:20, 34:5, Y 35:20, 36:8 62:22, 66:7, 45:19, 70:11 , - under[161 - 66:11 , 66:21 , 72:5182:8, 86:7, 7:10, 8:17, 11 :8, 67:3, 68:11 , 69:41 wait [11 - 74:4 86:14 yard 11] - 65:21 14:16, 18:10, 69:19, 72:17, waited 11] • earll21 - 13:8, 27:4, 27:6, 29:13, wife 111 - 48:15 Y 74:23, 75;4, 75:6, 81 :14 WILLIAM 111 - 26:24, 30:8, 37:4, 51 :9, 57:22, 75:71 75:18, waive 111 - 61 :8 2w 34:17, 34:20, 60:23, 61 :17, willing 81 :19, 82:8, waiving 131 - willing 16] - 39:5, 44:24, 58:5, 62:10, 88:19, 86:13 26:11 , 50:23, 15:24, 43:5s 60:21 , 65:7, 77:1 88:21 upfront [zl - 61 :13 83:19, 84:1 , 84:4, Years 1171 - Underground 61 :16, 62:4 WALLY 111 - 2:7 84:7 10:10, 12:4, [1] • 32:11 upgrade 11l - wants [4] - wilting [1] - 14:18, 16:3, 17:9, underground 111 32:6 16:23, 35:6, 46:71 56:19 42:21 . 43:22, - 37:7 upgraded [3] - 57:18 43:24, 47:22,. underneath [1] - Winded: 201 - 82:16, 82:17, watch [zl - 52:24, 77:2, 79:10 16:15, 18:20, 82:21 40:24, 44:4 77:13, 77:15, 38:11 , 72:8, understood 13] - utilities 111 - water lsl - 6:15, 77:16, 83:3 50:21 , 61 :11 , 72:10, 72:14, 79:9 6:17, 33:16, 37:7, 78:15, 1 :1 78:2 18, yellow ry 79:6, 8l - 69:24 61 :21 , 62:16, 20:12 unfair [11 - 18:9 V 69:22, 78:24, wisdom 111 - YORKVILLE 11l unfeasible 121 - 7913 11 :15 - 1 :6 15:8, 15:13 website [111 - wish 11] - 70:22 Yorkville [1 9) - unfortunately acant Y 141 - 11 :5, 12:16, 14:4, 1 :16, 2:22, 3:6, 36:14, 46:11 , wonder [3] - 131 - 4:4, 4:23, - 19:15, 22:2, 4:14, 9:19, 12:5, 67:3, 82:4 15:9 45:15, 37:5 22:12, 30:2, 15:19, 19:20, VALERIE [1] - 60:9 union [al - 71 :21 , 86:14, 40:15, 41 :21 , Y.2 Wonderful111 - 15:17, 63:22, 86:195 86:23 42:8, 42:18, value 12] - 33:9, 17:22 64:1 , 64:2 weed 131 - 66:19, wonderful 141 - 43:21 , 46:22, Unit 131 - 3:8, 68:9 70:7, 77:17 52:8, 55:4, 55:5, 3:10, 421 versus 141 - 19:14, 39:6, weeds 131 - 25:13, 50:13, 39:11 , 43:3 59:16, 71 :6 unit [s] - 6:24, 2824, 66:21 , wondering [3] - Yourselves 111 - 7:2, 22:24, 61 :23, 61 :7, 76:6 77:20 78:5 Veterans [11 - 10:7, 67:17, 68:1 78:20, 78:21 week [41 - 5:7, wood Iz1 - UNITED [11 - 1 :6 3:13 11 :2, 11 :5, 12:3 Z via 2 [ United (zl - 2:21 , . weeks 131 - wooded [3] - 3:6 VIA (t1 - 2:10 60:14, 60:15, 72:23, 73:4 zonin units [z1 - 5:9, viable ll] - 14:10 63:9 9I3) - viewed [11 - woods [t] - 16:7 18:7, 20:18, 78:23 well- Woods 111] - 77:21 unless [3] - 32:13 capitalized 11] - 23:1 , 60:15, views 111 - 83:21 63:19 10:16, 11 :11 , 76:14 village 111 - well-known Itp- 13:24, 16:4, 16:6, 21 :23, 25:16, unsold i/l - 38:21 14:12 26:9, 26:21 , 272, 74:21 vine [11 - 39:12 WERDERICH 111 72:4 untrue [1) - 64:2 violation [11 - - 2:7 word 121 . 44:13, unusual 11] - 7724 WEST [11 - 47:8 63:14 virtually 111 - 82:14 words [5] - 12:9, Up 1521 - 5:23, 39:19 west 141 - 6:14, 15:2, 26:21 , Depo • Court Reporting Service ( 630 ) 983 - 0030 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, 800 GAME FARM ROAD ON TUESDAY, MAY 25, 2010 Mayor Burd called the meeting to order at 7:01 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Resent Ward I I Golinski Present Plocher Present Ward III Morris Present Smoliff Present Ward IV Teeling Present (arrived at 7:03) Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenant Delaney, Community Development Director Barksdale-Noble and Building Inspector Zabel. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Sutcliff requested that Item #5 - Ordinance Amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Alderman Gilson asked that Item #6 - IDOT Funding Agreement for Downtown Parking Lot and Item 48 - Ordinance Amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Amendments approved by a viva voce vote. COMIVHTTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 1, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., May 27, 2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Jo Ann Gryder with the Library Board distributed and read a statement to the City Council (see attached). She expressed her surprise at finding out online that she was being replaced on the Library Board after Minutes of the Regular Meeting of the City Council — May 25 2010 — page 2 several years of service. She asked the Mayor to reconsider her decision and allow her to remain on the Library Board. Barb Johnson, Library Board member, expressed her shock, disappointment and anger at the Mayors decision to replace Ms. Gryder. She commented that Ms. Gryder has a passion for and knowledge of libraries and she could not imagine serving on the Library Board without her leadership. She felt that Mayor Burd's decision to replace Ms. Gryder was mean spirited and she did not understand the thinking behind the decision. Robert Loftus explained that he has known Ms. Gryder a long time and she is a very fine person and very credible. He recommended she remain on the Library Board. Gail Gaebler, Library Board member, commented that in all her years on the Library Board she has never seen a more knowledgeable and dedicated member. She stated that she is disturbed by seeing her dismissed without an explanation and she questioned Mayor Burd's motives. - Mark Johnson stated that he seconded the previously expressed opinions regarding Ms. Gryder and asked the Mayor to reconsider her for the Library Board. He personally thanked Aldermen Gilson, Spears, Plocher and Werderich for the positive vote to table the Blackberry Woods amendment and thanked them for slowing the process down. He stated that due to the delay, residents got to listen to the builder. He asked the City Council to make a rule which would not allow the vote on something on the same night there is a public hearing on it. Mayor Hurd asked that this be put on the next Administration Committee agenda for further discussion. Cedric Ferguson, Whispering Meadows, noted that there are some problems in his subdivision that need to be addressed. He stated that there isn't a final topping of asphalt on the streets and rain water collects and does not drain. The pond is dirty and needs cleaning. People park on both sides of the street at the park location and block driveways. He asked if there were any plans to finish the streets and if the new developer was in the process of taking over. Administrator Olson confirmed that the developer is in the process of taking over. He further explained that the park issue was going to be discussed at the Public Safety Committee May 27, 2010. He stated that residents in the area were asked about having parking only on one side of the street and they did not want this. As to the pond, the city has no plans to address this as it is under the developer's control. Mr. Ferguson expressed his concern with mosquitoes. Administrator Olson stated that lie would look into mosquito abatement and the bonds in place for the completion of the streets. CONSENT AGENDA 1 . Addendum to the Collective Bargaining Agreement — Yorkville Patrol Officers - authorize Mavor and Chief of Police to execute (CC 2010-44) 2. Water Department Report for March 2010 (PW 2010-30) 3. Water Department Report for April 2010 (PW 2010-31) 4. Yorkville Market Square - Letter of Credit Expirations - authorize City; Clerk to call letters of credit if they are not renewed prior to July 9, 2010 (PW 2010-33) 5. Disposal of Property — Bobcat Skid Steer - authorise the Public !Parks Department to sell a Bobcat node! 533 skid steer loader to Atlas Bobcat for the amount of$6,500.00 (PW 2010-39) 6. Monthly Treasurer's Report for April 2010 (ADM 2010-29) 7. NIMEC Bid - authorize Finance Director to participate in cooperative bid an May 28, 2010 to lack in three yearfixed rate_for electrici0? (ADM 2010-31) 8. Intergovemment Cooperative Agreement of the Yorkville Community Unit School District #115 and the United City of Yorkville - authorize Mayor and City Clerk to execute (ADM 2010-36) Mayor Hurd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Plocher-aye, Spears-aye, Mums-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the City Council — May 25 2010 — page 3 MINUTES FOR APPROVAL - A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of April 13, 2010; seconded by Alderman Werderich, Alderman Gilson had a correction on page 2. He clarified that he suggested as individuals the City Council should step up to raise funds for Senior Services and that he was volunteering to do this. Motion to approve the minutes as corrected unanimously by aviva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated May 19, 2010, totaling the following amounts: checks in the amount of$252,248.74 (vendors FY 09/10); $282,118.17 (vendors FY 10/11); $7,261 .90 (payroll period ending 4/30/10); $266,634.93 (payroll period ending 5/8/10); for a total of $808,263.74; seconded by Alderman Munns, Alderman Spears commented that she had a question about TPI Building Code Consultants. Director Mika's May 24, 2010 memo refers to an attachment which she did not get. Also, on page 19 there is a bill for Pizzo and Associates for $4,320.00 for a prescribed bum at Wheaton Woods. She asked if anyone checked with the Bristol-Kendall Fire District to verify if this company was certified to do bums. Administrator Olson stated that BKFD was consulted but he was unsure if they reviewed the contract. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Spears-aye, Mums-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye, Werderich-aye - REPORTS MAYOR'S REPORT Appointment to Plan Commission — Jane Winninger (CC 2010-46) Mayor Hurd entertained a motion to approve the appointment of.Jane Winninger to the Plan Commission. So moved by Alderman Sutcliff; seconded by Alderman Mums. Mayor Bard noted that Ms. Winninger would be taking Brian Schillinger's spot on the commission. Alderman Spears asked if Mr. Schillinger had resigned. Mayor Burd stated that he was up for re- appointment. Alderman Werderich asked if Mr. Schillinger expressed a desire to remain on the Plan Commission, Mayor Burd stated that he was "lukewarm" on remaining on the commission. Ms. Winninger came to her several months ago and expressed an interest in serving. Alderman Golinski noted that Ms. Winninger expressed interest in the Zoning Board of Appeals. He asked if she will be happy serving on the Plan Commission and if she will make the meetings. Mayor Burd stated that Ms. Winninger is pleased to be on the commission. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Plocher-aye, Werderich-aye, Golinski-nay, Teeling-aye, Gilson-nay, Sutcliff-aye, Mums-aye Appointment to Human Resources Commission — Judith Burks (CC 2010-47) Mayor Bard entertained a motion to approve the appointment if Judith Burks to the Human Resources Commission. So moved by Alderman Munns; seconded by Alderman Sutcliff. Mayor Burd explained that Ms. Burks has worked for Mutual Ground before she retired. Alderman Golinski asked if this appointment replaces someone or if it is an open position. Mayor Burd stated that when someone is up for reappointment the spot is open. Alderman Gilson asked if Mayor Hurd was not reappointing someone and Mayor Bind stated that she was not. Alderman Spears asked whose term had expired and Mayor Hurd stated she did not know. She stated that it was a vacant position. Alderman Spears noted that she spoke to someone who submitted an application for the commission and was wondering if she was being considered. Mayor Hurd stated she conducted The Minutes of the Regular Meeting of the City Council — May 25 2010 — pa2e 4 interviews and she thought Ms. Burks would be good. She added that she contacts interested parties and likes to sit down and talk with them, However if they do not want to talk with her she feels they are not interested and doesn't appoint them. She is the Mayor and makes the appointments based on what is best for Yorkville. She noted that people have been sitting in positions for many years so it may be time for new people to get a chance to serve. Motion approved by a roll call vote. Ayes-5 Nays-2 Abstain-1 Plocher-aye, Werderich-abstain, Golinski-nay, Teeling-aye, Gilson-nay, Sutcliff--aye, Munns-aye, Spears-aye Appointment to Library Board — Reginald D. Brookins (CC 2010-48) Mayor Bard entertained a motion to approve the appointment of Reginald Brookins to the Library Board. So moved by Alderman Sutcliff, seconded by Alderman Mums. Alderman Werderich stated that he was voting against the appointment, not because the person will be bad for the position, but because he feels that the Mayor should reconsider Ms. Gryder for the Library Board. Alderman Gilson commented that he felt Ms. Gryder has experience and knowledge. He asked the Mayor to reconsider her decision. Alderman Spears stated that she disagreed with the Mayor's comment that people have been serving on boards for too long a tune. If they are doing an excellent job the city should retain them. Alderman Spears proceeded to read information on library board appointments as well as information on the removal of board members. She felt it was a big mistake to remove a person who was so dedicated. Alderman Golinski commented on Mayor Bard'a statement that she had not heard from Ms. Gryder prior to making her decision since there were two communications dated May 10, 2010 mid May 12, 2010 in the information distributed by Ms. Gryder. Mayor Hurd stated she hadn't seen those. Alderman Golinski asked what Mr. Brookins qualifications were to serve on the Library Board as it appears that his only qualification is that he has lived in Yorkville for 4 years. Mayor Bud commented that she was not removing Ms. Gryder from the library board; her term is up. She noted that she reappointed Ms. Gryder after she became mayor but now her term has expired. Also, she was not removing her because she did something wrong. She felt that Mr. Brookins would do a good job. He is an engineer and his wife is a CPA which she felt would help when trying to understand financial situations. Alderman Spears questioned Mayor Bard's reasons for appointing Mr. Brookins and his qualifications. She did not understand how his being an engineer made him an expert at finances. Alderman Golinski asked if Mr. Brookins was present at the meeting. Mayor Hurd stated that be was not present as he didn't want to get in the middle of this. She stated the display tonight tells what the problem is. She felt that there has been a lack of communication and a contentious situation going on for about 3 years. She stated that the problem started out with the City Council being denied the use the Library's board room and continued with the Indian artifact display and the "gotcha moment" of the Intergovernmental Agreement. She felt that the Library Board is insular and does not think outside the box. She stated that she wanted to see someone come in from other areas of the community and be open to new things. She felt there could be a better working relationship between the City Council and Library Board. She noted that members of the City Council attend Library Board meetings but they never come to the City Council with ideas. She didn't know how they thought, by coming to City Council meeting and harassing her, she would appoint Ms. Gryder. Other people up for reappointment have called her to discuss their reappointments. She felt that this could have been discussed earlier and that this was not the time or place to be doing this. She reminded the City Council that they do not get to choose who is appointed. Alderman Plocher clarified that after the City Council denies approval two times the mayor's third appointment stands. Alderman Spears noted that three aldermen can request that a citizen present at a City Council meeting can be allowed to speak outside of the Citizens Continents. Aldermen Gilson and Golinski supported her request. Alderman Spears asked the Library Board for their side of the story. The Minutes of the Regular Meeting of the City Council — May 25 2010 — oa e 5 Ms. Gryder explained that the when the Library was approached about displaying Indian artifacts they were very excited. They had concerns with liability so their attorney wrote a letter to the owner, Ms. Christiansen, expressing their concerns. At this point, Ms. Christensen sent the Library Board a very terse letter stating that she did not want to deal with them anymore. Alderman Spears asked why the Library Board refused to let the City Council use their fancy chairs in their board room. Barb Johnson stated that the use of the board room is covered by the board policy and letting the City Council use it went against that policy. Ms. Johnson also stated that the lack of communication goes two ways. The Mayor got Ms. Gryder's letter regarding her reappointment but she never responded. Alderman Spears noted that the city asked the Library Board for $30,000.00 for services which the city agreed to provide free of charge. She asked the Library Board if they knew about the request and did they know it would be increased to about $40,000. Ms. Gryder stated that the Library Board was asked to contribute funds due to the budget even though an Intergovernmental Agreement providing services for free has been around for years. Mrs. LaChance added that the Mayor blindsided the Library Board with the request to lower the levy and contribute $100,000.00 for services. Then she asked for $30,000.00 and then $40, 0000.00. She stated that the Library Board is trying to keep the library in good financial standing and she wondered where the requests would end. Mayor Burd stated that she asked for money at the direction of the City Council. Alderman Spears asked if it was a collective vote of the Library Board to lower the tax levy. All the Library Board members present said it was unanimous. Alderman Gilson asked Ms. Gryder how many times she tried to contact the Mayor. She explained that she sent the Mayor an email on May 10, 2010. She then heard through the newspaper that Gail Gaebler had been reappointed and Bob Allen had been appointed to the board. She then hand delivered a letter to city hall regarding being reappointed. She stated she also left a voice mail for the Mayor last night which the Mayor responded to this morning. Alderman Gilson asked if this morning was the first time she heard about not being reappointed. Ms. Gryder stated it was. Alderman Gilson asked about the Intergovernmental Agreement and Mayor Burd stated that he could not discuss this as it is not on the agenda. Alderman Gilson stated that she brought it up as a "gotcha moment" and he wanted to hear from the Library Board. Mayor Bard stated he was out of order. Mrs. LaChance addressed Mayor Bard's comment that she likes to replace people on boards and commissions. She stated that she has served on the Library Board for nineteen years mid feels she has done a lot of good during that time. She stated that people who stay on boards a long time are dedicated to what they represent and experienced people are needed. Alderman Spears asked who does the library payroll. Members of the Library Board explained that the city does. Alderman Spears stated that if the Mayor feels something is financially wrong with the library then the city staff is responsible. Mayor Burd stated that Alderman Spears was misinterpreting her statement. Motion approved by a roll call vote. Ayes-5 Nays-4 Werderich-nay, Golmski-nay, Teeling-aye, Gilson-nay, Sutcliff-aye, Munns-aye, Spears-nay, Piocher-aye, Burd-aye CITY COUNCIL REPORT No report ATTORNEY'S REPORT River Oaks Property Development, LLC (CC 2010-49) Attorney Or reported that the River Oaks Property Development agreement was approved by ordinance 2005-16 and executed by the Mayor mud City Clerk however the developer never signed the agreement. There were several items locked in for a five year period which is now up. The developer has now asked to rezone the property. Attorney Or asked the City Council if they would consider the rezoning at this time. The Minutes of the Reeular Meetine of the City Council — May 25 2010 — pa•e 6 Alderman Spears asked if the city would renew the locked in fees. Attorney Our stated that the developer does not feel the fees are an issue; they are only concerned with the zoning. Mayor Hurd asked the City Council if there was a consensus to consider rezoning the property B-2 so an office building can be put on the lot. The developer, Cheryl Lee, added that she is incorporating green standards to the building which will be multi-use. There will be businesses on the first floor with residences above them. It was the unanimous consensus of the City Council to entertain a change to the zoning. Attorney Orr noted that there is no petition for re-zoning on record however Mrs. Lee thought that this had already occurred. She stated that if Mrs. Lee could find record to support the process than it would not have to be repeated. Clerk Milschewski stated that she recalled a discussion regarding this property and suggested that the minutes from City Council meetings in 2005 be reviewed. Community Development Director Barksdale-Noble stated she would review them. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Mayor Hurd reported that Yorkville has the full support of Oswego and Plano in the adoption of the resolution in support of KenCom. She stated there will be further discussion regarding KenCom. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported that registration for fall soccer and flag football would be held on June 51 2010. Walk in registration will be from 9:00 a.m. to noon. Further registration will be on June 9, 2010 from 4:00 p.m. to 7:00 p.m. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble reported on the following: • The CMAT 2040 campaign is hosting a public comment meeting on June 29, 2010 from 6:00 p.m. to 8:00 p.m. at the Kendall County Health Department on John Street. A draft of the CMAT plan can be found though a link on the city's website. • The Planning Consortium will be holding a meeting on May 27, 2010 at 7:00 p.m. in Platteville. The impact of wells will be discussed. Further details of the meeting can be found on the city's website. COMMUNITY RELATIONS OFFICER'S REPORT Mayor Brad reported on the following: • On May 28, 2010 from 9:00 a.m. to noon a mock City Council meeting will be held by Yorkville High School students in the City Council chamber. The Human Resource Commission is supporting the project. • On May 31 , 2010 at 11 :30 a.m. the American Legion will host a Memorial Day event at Town Square Park. • The Senior Ad Hoc Committee will be hosting the second "Movie in the Afternoon' on .tune 23, 2010 at the Beecher Center. The movie being shown is "Up". The committee will also be sending a senior survey out with the June 30, 2010 water bill. She encouraged all seniors to fill and return the survey. At the Senior Ad Hoc Committee meeting this past Monday, it was reported that they received $1 ,715.00 from Kendall County. The director also discussed how The Alinutes of the Regular Meeting of the City Council — May 25, 2010 — page 7 they are managing a transportation grant to use the new KCAT system for tides for seniors. Also discussed was that the Senior Sneakers program at the Rec Center may be covered by medical insurance. • The Green Committee will be honoring Taylor Coffey at the high schools senior recognition night with a Green Teen Award for his efforts in saving the environment. COMMUNITY & LIAISON REPORT Senior Reports Alderman Spears reported on the following: • She attended the Elder Friendly Workshop along with several other elected officials and senior provider organizations. Things discussed were the number of seniors in Kendall County, health needs, transportation, safety, affordable housing, etc • KCAT gave a report on the number of requests for transportation they received (in their first two weeks of operation they gave 52 rides) and for what purposes (medical, shopping, recreational, etc). Oswego and .Joliet will be coming on board soon which will help with funding. • Sixteen new seniors were added to the Community Nutrition Network meal delivery bringing the total to 116 seniors receiving meals. Volunteers are always welcomed. Library Board Alderman Plocher asked that the Library Board members who want to be reconsidered for reappointment have their applications brought to the top of the pile and that the Mayor considers the applications of the existing members first. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle — Final Acceptance (PW 2010-32) A motion was made by Alderman Plocher to approve the acceptance of the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision for ownership and maintenance, subject to receipt of an acceptable Bill of Sale and completion of remaining punch list items and verification that the developer has no outstanding debt owed to the city for this development, and that American Souther hrsurance Company Bond #B98804 — 010285 be reduced by the amount of $807,481 .37 and that the construction detour established through the Heartland subdivision be removed; seconded by Alderman Murms. Alderman Spears clarified that this motion removed the construction detour. She stated that she would like to know if the residents of Spring Street were notified of the change of the detour. Administrator Olson stated the contact for the detour was notified by telephone however no formal notice or letter was sent out to the residents. Alderman Spears suggested that the final acceptance be tabled until the residents of Spring Street are notified of the change in the detour. A motion was made by Alderman Spears to table the detour portion of the final acceptance until residents are notified of the change; seconded by Alderman Gilson. Motion to table removal of detour approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye, Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye Alderman Plocher asked if the punch list items were addressed. Administrator Olson stated that the Bill of Sale has been received however the cross walks have not been striped and there is still debris on several lots. A motion was made by Alderman Plocher to table the final acceptance until the entire punch list items are completed; seconded by Alderman Gilson. Motion to table final acceptance approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye The Minutes of the Regular Meeting of the City Council — Map 25, 2010 — page 8 Yorkville Business Center — Release of Remaining Bonds (PW 2010-37) A motion was made by Alderman Plocher to approve the release of Gulf Insurance Company And #150023096-201 in the amount of$60,311 .75 and Gulf Insurance Company On 413E92973 in the amount of$159,000.00, subject to receipt of payment of $55,752.00 from Inland and verification that the developer has no outstanding debt owed to the city for the development; seconded by Alderman Sutcliff. Alderman Plocher asked if the city had received payment from Inland. Administrator Olson stated he did not believe the city had received payment and assumed that the check would be cut soon. Alderman Spears commented she was not in favor of trading the bond for payment. She was in favor of keeping it in place until everything was done and development. Administrator Olson explained that the business center had been owned by Inland but the property has been sold off. If the new owner wants to build, they would have to post a new bond. Inland prefers to give the city cash instead of building a watennain. Alderman Spears suggested that the city wait for new bonds to be posted from the new developer and then release these bonds. Administrator Olson stated that there is no indication of development on the property at this time. He also explained why the bonds were issued in the first place. Alderman Teeling clarified that Inland had a $60,000.00 bond for a new watr main. She questioned why they were only giving the city $55,75100. She asked if they were still responsible to install the watermain. Administrator Olson explained that the developer would be giving the city the money to complete the watermain and by accepting it the city will be accepting the obligation of the watemain. He explained that the $60,000.00 was based on an engineering estimate from awhile ago. The estimate they have given for the completion of the watennain is now $55,752.00 which staff feels is reasonable. Mayor Hurd stated that City Engineer Wywrot reviewed the estimate and is confident the $55,752.00 will cover the cost of the watermain. These funds could be banked and the interest should cover any future increases. Alderman Teeling suggested accepting the $60,000.00 and refunding the developer if the cost of the watennain is less. Alderman Gilson commented that City Engineer Wywrot stated at the Public Works Committee meeting that he was comfortable with the $55,752.99 if the watermain was constructed today. Also, Inland gave an estimate not a quote for the construction of the watermain. If the watermain costs more the citizen's of Yorkville will have to foot the cost. He agreed with Alderman Teeling that the city should not accept less than $60,000.00. Mayor Burd reiterated that Mr. Wywrot reviewed the estimate and felt it was reasonable. She stated she was comfortable with his opinion. She noted that Alderman Gilson wanted air outside fine hired to review this and that if so it would cost the city more money. Alderman Spears stated she agreed with Aldermen Teeling and Gilson. The watermain construction is not anticipated to take place in the next few years so she felt the bond should remain as is. Alderman Gilson asked who would be responsible for the sanitary sewer once the bond is released, Administrator Olson stated the developer, who at this time could be anyone, would be responsible for the sewer and whoever comes in to build on the property will have to post a bond for the water and sewer services. Alderman Gilson questioned why the city was rushing to trade off and release the bond. Administrator Olson explained that the benefit to the city is the cash on hand. Alderman Teeling clarified that whoever comes in to build on the property will have to post a new bond before any building call be done. Alderman Gilson asked if the money were going into a separate account which will not be touched until it is needed and Administrator Olson stated that it was. Motion approved by a roll call vote. Ayes-6 Nays-2 Gilson-nay, Sutcliff-aye, Murms-aye, Spears-nay, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye Ordinance 2010- 20 Amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) (PW 2010-35) A motion was made by Alderman Plocher to approve an ordinance amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) and authorize Mayor and City Clerk to execute; seconded by Alderman Sutcliff. The Minutes of the Regular Meeting of the City Council — May 25 2010 — page 9. Alderman Sutcliff stated that at a Ward III meeting residents expressed their concern that this intersection is unsafe. A traffic study was done however the intersection did not meet the criteria for a stop sign however City Engineer Wywrot found information which allowed for the placement of the sign. Motion approved by a roll call vote. Ayes-8 Nays-0 Mums-aye, Spears-aye, Plocher-aye, Werdericb-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye IDOT Funding Agreement for Downtown Parking Lot (PW 2010-36) A motion was made by Alderman Plocber to approve the IDOT Funding Agreement for Downtown Parking Lot and authorize Mayor and City clerk to execute; seconded by Alderman Mums. Alderman Gilson stated that he opposed this because he disagrees with the purchase of the old jail building as it will cost taxpayer's money. Alderman Spears stated she opposed the parking lot due to its location which is not conducive for use by handicapped individuals. - Mayor Burd stated that this was good for Yorkville. IDOT is funding the engineering and construction of the parking lot. She noted that there is not a lot of parking available west of Route 47 and this will replace the parking lost when Route 47 is widened. The funding will also help fund the purchase of the building. The dollars are from the motor fuel tax, tourism and the hotel/motel tax. A local developer has agreed to renovate the building at no cost to the city. Also, many local residents have offered to help with the renovation. She stated that the city has been contacted by people who are interested in using the building even though the city hasn't bought it yet. She hoped the building will be the jewel of the community. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-nay, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye, Mums-aye Ordinance 2010-21 Amending the Code of Ordinances Prodding for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee (CC 2010-45) A motion was made by Alderman Plocher to approve an ordinance amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee and authorize Mayor and City Clerk to execute; seconded by Alderman Teeling. Alderman Gilson stated he did not support the increase because residents are struggling to make ends meet. He stated that he works with many municipalities professionally and he did not recall any that showed a deficit in their water fund since 2004. He felt the water fund should be self-sustaining or money making. He opposed passing the deficit on to residents. Mayor Hurd stated that the reason for the increase in water rates has been explained several times. She felt that Alderman Gilson was misunderstanding the accounting process and explained that city got a loan for water improvements and these funds were put into a fund as revenue. The following year as the project was done this was not shown as a revenue source but an expense. The revenue has been less than the expenditure and the deficit was not shown until 2009. The infrastructure improvements were mandated to address radium compliance so the bonds were needed to correct this. She stated no one wants to increase the water rates but the problem needs to be solved. The system is supposed to be self- sufficient however it isn't due to the lower amount of tap on fees due to the decline in the economy. This is not due to a mismanagement of funds. She stated that she has spoken to other mayors and several have had to raise their municipality's water rates due to the recession. She noted that the city has to pay the bonds back and she asked anyone with another solution to discuss it with her. She further noted that this is the first increase in water rates in eight years. Alderman Spears stated that she surveyed other communities and Yorkville has one of the highest water bills. She also surveyed residents in her ward and no one supported the increase so she cannot support it. Mayor Burd noted that the sewer rate on the water bill is not charged by the city but rather the Yorkville Bristol Sanitary District. Yorkvillejust bills for YBSD. She stated that Yorkville is mid range in its water rates. Alderman Spears stated that she realized the rates are different and separate however the money to pay them is coming out of the same pockets. The Minutes of the Regular Meeting of the City Council — May 25 2010 — pa 2e 10 Alderman Golinski confirmed that there hadn't been an increase in eight years. Administrator Olson stated that the last vote to increase rates was thirteen years ago and it was for a five step increase program. Alderman Golinski noted an error in the ordinance; it should refer to eight years and it does not include the sunset clause stating the increase is just until the bonds are retired. A motion was made by Alderman Golinski to amend the ordinance to increase the date to eight years and to implement the sunset clause; seconded by Alderman Sutcliff. Administrator Olson stated that there should be a date certain for the sunset clause. Mayor Burd stated that she proposed a one year sunset clause to be reviewed at the next budget. Attorney Or stated that the date would be April 30, 2011 . Motion to amend approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye Alderman Mums asked what would happen if the increase is voted down. Administrator Olson stated that the deficit will grow another $1 .9 million. A motion was made by Alderman Spears to table the ordinance until the City Council gets a clean copy of the ordinance; seconded by Alderman Gilson. Motion to table defeated by a roll call vote. Ayes-4 Nays-5 Golinski-aye, Teeling-nay, Gilson-aye, Sutcliff-nay, Munns-nay, Spears-aye, Plocher-nay, Werderich-aye, Burd-nay Alderman Gilson still questioned the issue of revenue versus expense. He did not feel that the problem was being fixed with the increase of water rates. Administrator Olson explained again that bonds were issued to pay for mater projects. The money came in one year and was reflected as revenue. The expense then came. Bond payments were due but the revenue needed to pay them (connection fees) fell off thus creating a deficit in 2009. Connection fees started declining in FY 07/09 but took a dive in FY 08/09. The revenue was not carried over in the budget. Alderman Plocher felt the city was in the "trick bag" because it needed to comply with the standards for radium in water so it came up with the best solution at the time. Motion approved by a roll call vote. Ayes-5 Nays-4 Plocher-aye, Werderich-nay, Golinski-nay, Teeling-aye, Gilson-nay, Sutcliff-aye, Mums-aye, Spears-nay, Burd-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2010-22 Ordinance Approving the First Amendment to the Amended Annexation Agreement Planned Unit Development Agreement (Blackberry Woods Subdivision) (PC 2010-03) A motion was made by Alderman Golinski to approve an ordinance approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Mums. Mayor Burd thanked residents for their input on this matter and stated that the amendment tried to include as many of their suggestions as possible. One email she received expressed the concern that the developer won't pay into the Homeowner's Association however the developer has agreed to pay annually. Another concern was with the covenants and they need to be recorded within thirty days. Director Barksdale-Noble further explained the amendment - the developer is not contemplating an SSA; they will contribute 50% of the pond cost up front; additional language addressing Cannonball Trail improvements has been added, etc. Alderman Sutcliff stated that she met with the developer and residents. It was a good informational meeting and the residents were more comfortable with the amendment after the meeting with no one opposing it. She thanked everyone who participated. The Minutes of the Regular Meeting of the City Council — May 25 2010 — ma a 11 Alderman Gilson stated he communicated with four residents of which two supported the amendment, another supported it but not with the freeze in fees and one did not feel they should be given any concessions. He stated he would be voting based on the opinions shared with him by the residents. He felt that amendment should address the recording of the covenants. Mayor Hurd reiterated that the covenants will be recorded within thirty days. Alderman Spears stated she had questions at the last City Council meeting about the transportation fee being reserved and what was it used for. She felt that the City Council received incorrect information about the transportation fee so she did some research and found a resolution dated February 15, 2006 that approved the collection of fees for Kendall County highways and indicates that they do not have to remain with the development. She read the resolution which indicates that the city recognized the impact of new subdivisions on transportation and implemented fees to fund improvements on the local transportation system. She stated that the city entered into an agreement with Kendall County for the use of these fees and she recommended that before the fees are waived it be discussed with the county. Alderman Spears other concern was the building codes. She explained the lengthy procedure to adopt building codes needed for public safety. She stated she supported locking in the permit fees if they are paid in advance after the amendment is approved. Administrator Olson stated the he researched the city road fee and read from Resolution 2006-87 which states that funds from the fee are to be applied directly on roads affected by the development at the discretion of the city. He stated that Alderman Spears was referencing a Kendall County resolution which is a different thing and he did not research that resolution. He stated that the Kendall County fee is $1,500.00 however it was never implemented. Alderman Spears expressed her confusion between the county and city transportation fees. Mayor Hurd thought the city was collecting the county fee but Administrator Olson stated that it wasn't because the Kendall County fee had not been adopted countywide. He clarified that the fee being waived was the city's road fee not the Kendall County fee. Administrator Olson clarified that the developer was not subject to the road fee at the time of the agreement. Mayor Burd addressed the concern with the building codes especially as they applied to sprinklers in multi-family residences. She asked the attorney for the developer, Attorney Kramer, to weigh in. He stated that the city needs the fees from permits and impact fees. The developer is asking to freeze their costs in order to make the development work. The bank is discounting the lots so the developer can obtain them and finish the development. The subdivision has a unique impact on the roads so they are asking to waive the impact fee. Mayor Hurd asked him which building code they were comfortable with and be indicated that they were fine implementing the 2009 codes without sprinklers. He stated that requiring sprinklers would be a deal breaker for the developer. Mayor Hurd noted that the city is still operating under the 2000 building codes. There was a brief discussion on which codes the city and developers are using. It was suggested to support the 2009 codes without sprinklers. Mayor Bard asked if the City Council would be comfortable with requiring the developer to live up to certain codes that the city still hasn't adopted and the consensus was no. Alderman Spears noted that the city is currently reviewing the building codes. It was discussed by the Economic Development Committee that sprinkles be left in but make this optional for the builders to install. They proposed an incentive for builders to choose the sprinklers. Alderman W erderich stated the he spoke up against the amendment at the last City Council meeting. He noted that the dilemma is a partially built out subdivision and if the city should hold the developer to the standards the city originally asked for or allow some concessions. He stated that he was contacted by some residents from the subdivision and they all supported the amendment. He stated that after all that has transpired he is inclined to change his position on the amendment. He asked that the floor be opened to allow any residents present to speak out. Mayor Hurd opened the floor to the Blackberry Woods residents. Nine residents indicated their support of the amendment and none opposed it. One resident asked for clarification of payments to the HOA. Administrator Olson stated that his concern was addressed in the staffs comments however the comments were not incorporated into the amendment. He noted that the motion on the floor is to approve the amendment as presented so he suggested a motion be made to amend the amendment to include staff comments. The Minutes of the Regular Meeting of the City Council — May 25, 2010 — page 12 Mayor Hurd entertained a motion to amend the original motion to include staff recommendation one through six which incorporate the suggestions of the homeowners. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion to amend approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye, Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeline aye Director Barksdale-Noble read staff comment #3 addressing the HOA fees. There was discussion as to what the association fees covered. Attorney Kramer stated that the residents will be responsible to maintain the signage and the two ponds. He explained that the developer will develop and maintain the ponds for several years before turning it over to the residents. Any unimproved areas will not be assessed to the HOA. There was more discussion on updating the building codes. Alderman Spears felt that freezing the fees would have a "snowball' effect on community. She stated that residents in her ward do not support this. Attorney Kramer noted that some permits are better than none. Mayor Bard noted that this could cause a snowball effect in a positive direction. A motion was made by Alderman Sutcliff to call the question; seconded by Alderman Maims. Motion to call the question approved by a roll call vote. Ayes-6 Nays-2 Sutcliff-aye, Mums-aye, Spears-aye, Plocher-nay, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay Original motion as amended approved by a roll call vote. Ayes-6 Nays-3 Sutcliff-aye, Mumrs-aye, Spears-nay, Plocher-nay, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Burd-aye Mayor Bard asked for a five minute recess. Ordinance 2010-23 Amending the Code of Ordinances Amending the Building Department Fee (EDC 2010-03) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances amending the Building Department Fee Schedule and authorize the Mayor and City Clerk to execute; seconded by Alderman Murms. Alderman Spears commented that she was against raising the fees. She stated that most of the charges have an impact on residents and suggested that only commercial fees be increased. Alderman Sutcliff complimented Mr. Zabel on doing a good job researching building department fees with other municipalities. Motion approved by a roll call vote. Ayes-5 Nays-1 Present-2 Mums-aye, Spears-nay, Plocher-present, Werderich-aye, Golinski-present, Teeling-aye, Gilson-aye, Sutcliff-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT REC Center Memberships for City Employees (ADM 2010-32) A motion was made by Alderman Sutcliff to approve a fi ee basic membership to the Roe Center for all United City of Yorkville employees who are eligible to receive help insurance benefits from the city; seconded by Alderman Mums. Alderman Sutcliff noted that Alderman Plocher brought this forward. There is documentation showing that healthy people do not go to the doctor as often and this is a cost savings. City employees will not be receiving raises this year but can be offered a free individual membership. Alderman Gilson did not feel that the city should offer up memberships over and above those negotiated by the Police Department. He stated that the Rec Center is in the red and is projected to stay that way for The Minutes of the Regular Meeting of the City Council — May 25, 2010 — page 13 several years. He did not want to risk the effect on the current membership by adding more people who will create wear and tear on the equipment. Alderman Mums stated that this will save on insurance costs by promoting healthier employees. He stated that study show that there is a savings 10 times for every dollar spent on prevention. Alderman Werderich stated that due to the information presented by Alderman Mums he supported the memberships. He also noted that this is a benefit the city can offer its employees at little or no cost. Alderman Spears asked if this applied to elected officials. Mayor Burd stated it did not. Alderman Spears stated that she could not see residents paying for free memberships for the staff. Alderman Gilson noted that aldermen will be eligible for a membership after the next election cycle. Attorney Our clarified that elected officials are not employees of the city and she suggested that if the City Council wants this to apply to elected officials they should have a separate vote for this. Administrator Olson stated that he will have to investigate the matter per the Employee Manual. - - A motion was made by Alderman Spears to table this until the attorney clarifies if this applies to elected officials; seconded by Alderman Gilson. Motion to table defeated by a roll call vote. Ayes-3 Nays-5 Teeling-nay, Gilson-aye, Sutcliff-nay, Munns-nay, Spears-aye, Plocher-nay, Werderich-nay, Golinski-aye Attorney Our noted that whether or not this applies to elected officials does not apply to after the next election. A motion was made by Alderman Plocher to amend to exclude elected officials from the membership offer; seconded by Alderman Tooling. Motion to amend approved by a roll call vote. Ayes-8 Nays-0 Murms-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye Alderman Spears asked if this applied to part-time employees and Administrator Olson explained that it only applies to employees who get health insurance and currently no part-time employees have insurance. Aldermen Spears and Gilson reiterated that they did not support giving the employees free memberships whereas Alderman Munns supported them because he felt healthier employees will save the city in the long run. Aldermen Plocher and Teeling expressed their support with Alderman Teeling adding that the employees may take out memberships for the remainder of their family. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Plocher-aye, Werderich-aye, Golinski-nay, Teeling-aye, Gilson-nay, Sutcliff-aye, Mums-aye Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission — First Reading (ADM 2010-32) Mayor Bard reported that ch Chapel on the Green may be up for sale. This ordinance was recommended by the chairman of the historical Society in order to help preserve historic buildings in Yorkville. Amending the Code of Ordinances Regarding Park Board Membership (ADM 2010-32) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of ordinances regarding Park Board membership and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Mayor Hurd reported that this is a housekeeping item as there are not enough members currently on Park Board. This will take away the requirement that a School Board representative be on the Park Board. Alderman Spears asked if the amendment had been discussed with the new superintendent. Administrator Olson stated that it had not been discussed with him. Alderman Spears suggested that the amendment wait until the new superintendent starts with the School District. The Minutes of the Regular Meeting of the City Council — May 25, 2010 — page 14 A motion was made by Alderman Spears to table the ordinance until it can be discussed with the new School District superintendent; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-6 Nays-1 Present-1 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-nay, Mumis-present Intergovernmental Agreement with Library (ADM 2010-32) Administrator Olson reported that when staff was directed to send the Library Board a request for additional funds they brought forward the Intergovernmental Agreement. He asked for direction fi om the City Council as to how they want the agreement approached; negotiate an amendment, terminate, etc. Mayor Hurd added that she and the City Administrator were unaware of the Intergovernmental Agreement, She stated that the city's request does not violate the agreement and the intent of the request was to ask the Library Board if they would work with the City Council. There was never intent to abolish the agreement. She wanted the City Council to be aware that the agreement does exist and any proposed amendments to it have to be made by February 2011 . Alderman Gilson asked if the agreement would be abolished by asking the Library Board to pay for services. Mayor Hurd explained that she is suggesting to amend the agreement not abolish it. Alderman Gilson expressed his embarrassment that the city went to the Library Board without knowing an agreement was in place. He stated he was against amending it. Alderman Munns commented that it was not smart that the city had the agreement in the first place. He felt that everyone should pay their fair share. Alderman Spears commented that the Library should pay its fair share however the City Council just voted to give employees free memberships. Also, it just wanted to take the School District representative off the Park Board. She stated that the word is out that Yorkville doesn't pay its fair share with others. She stated that she is embarrassed to sit on a City Council that is making other suffer. Mayor Hurd reminded the City Council that they voted for her to ask the Library Board for money. She explained that the reason behind the Park Board issue is that the School District does not take advantage of the spot. Without their representative it is hard for the Park Board to have a quomm and conduct business. Alderman Sutcliff stated that she explained to the School Board about the open position on the Park Board but they have not chosen to fill it. She stated that it is great to have a relationship with the Library Board however she agrees with Alderman Morris that everyone had to pay their fair share. She felt it was fiscally responsible to ask the Library Board to pay for services provided by the city. She supported amending the agreement. Aldermen Plocher and Teeling supported amending the agreement. Alderman Gilson expressed his support for leaving the agreement as is. - Alderman Golinski stated lie was against asking the library to pay for services. He noted that they are not a separate entity but part of the city. He asked who pays for services at the Rec Center as this isn't even a city building. Administrator Olson stated that the city plows for the owners and it is under discussion to amend this arrangement. It was the consensus (5:3) that the library not be no fees and that the agreement remain as it. Alderman Spears requested that the $40,000.00 requested from the library be removed from the budget because they are funds the city does not have. Riverfront Building Concession Lease RFP (ADM 2010-32) A motion was made by Alderman Sutcliff to approve the Request for Proposal for the Riverfrom Building Lease; seconded by Alderman Mums. Administrator Olson indicated that the proposal will come back to the City Council for approval. Alderman Werderich stated that he has been approached by people who feel that by opening the doors of a kayak business in the city building will jeopardize other businesses in Yorkville. He stated. that he did The Minutes of the Regular Meeting of the City Council — May 25 2010 — page 15 not like that the request for proposal limits the use of the building to produce/kayak operations which are direct competitors of a current business. He suggested that other businesses be given an opportunity to lease the building- Alderman Sutcliff felt it was a good idea to have the building ready for kayak rentals for when the chute on the river opens. If kayaks are not available people may not come back and she felt it was this was a necessity to the park. Alderman Werderich stated that if the operation was for only kayaks that would be fine but the REP reads that it is for canoes and kayaks. He questioned what if someone opening an ice cream stand was interested. A motion was made by Alderman Plocher to amend the REP to the open up to the highest bidder. Motion to amend approved by a roll call vote. Ayes-7 Nays-1 Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-nay, Mumrs-aye, Spears-aye, Plocher-aye Administrator Olson requested time for staff to review the language and rewrite the REP. Alderman Golinski clarified that the RFP would be effective next summer. A motion was made by Aldennan Plocher to table the RFP until the June 10, 2010 City Council meeting; seconded by Alderman Werderich. Motion to table approved by a roll call vote. Ayes-7 Nays-1 Golinski-aye, Tooling-aye, Gilson-aye, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act (ADM 2010-32) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances providing for the penalties for violation of the State Officials in Employees Ethics Act and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling. Attorney Orr explained that if there are ethics violations the ordinance states that the matter needs to be taken to a local adjudication board or judge. She recommended that the City Council adopt the ordinance and have the state commission hear any case and assess penalties. Now the amendment allows for violations to be beard by a three person commission, appoints an ethics advisor and allows for hearings. Alderman Mums asked who appoints the commission and Attorney Or stated that the mayor would with the advice and consent of the City Council. Mayor Burd stated that the mayor could bring someone forward for adjudication. She stated that she has no interest in the past and she is not looking to prosecute anyone for past actions. Alderman Spears stated that the amendment refers to Sections 3 & 5 and they are not in the packet. She also stated that when this was originally brought before the City Council, Alderman Sutcliff misrepresented the county be saying that Anne Vickery appointed the county commission. Alderman Spears spoke with Ms. Vickery who explained she did not appoint the commission John Church did. Alderman Spears recommended the city use the Kendall County commission. Alderman Gilson agreed. A motion was made by Alderman Spears to amend the ordinance to use the Kendall County Ethics Commission; seconded by Alderman Gilson. Alderman Werderich asked if the Kendall County Board could vote against this. Attorney Or stated she would have to research this further. A motion was made by Alderman Plocher to table the ordinance until the next City Council meeting; seconded by Alderman Mums. Motion to table approved by a roll call vote. Ayes-6 Nays-2 Gilson-aye, Sutcliff-nay, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-nay The Minutes of the Regular Meeting of the Cibr Council — May 25 2010 — paoe 16 ADDITIONAL BUSINESS Fox Valley Shopper Alderman Gilson asked what the status was on the getting the newspaper off driveways. Mr. Zabel stated that he had not sent them a violation notice yet but would do so. Action Taken Alderman Werderich asked that staff pay closer attention to the "action taken' box on the information in the City Council packets. He noticed that some of the information is incorrect. EXECUTIVE SESSION None. ADJOURNMENT Mayor Bard entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 11 :07 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 09 : 22 : 21 DETAIL BOARD REPORT FISCAL YEAR 09/10 ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ORRK KATHLEEN FIELD ORR & ASSOC . 13145 -A 04 / 05/ 10 01 DEVELOPER ESCROW - KENDALL 90 - 220 - 71 - 00 - 0018 07 / 13 / 10 1 , 295 . 00 BBAY AGMT AMEND 2010 - LGL 02 MARKETPLACE LEGAL MATTERS * * COMMENT * * INVOICE TOTAL : 1 , 295 . 00 VENDOR TOTAL : 1 , 295 . 00 ZABEL BRIAN ZABEL & ASSOCIATES , PC 6017 12 /23 / 09 01 LAND CASH-ATTESTATION SERVICES 72 - 000 - 75 - 00 - 7330 07 / 13 / 10 11000 . 00 WHISPERING MEADOWS ( K . HIL 02 FOR OSLAD GRANT PER PROPOSAL * * COMMENT * * INVOICE TOTAL : 1 , 000 . 00 VENDOR TOTAL : 1 , 000 . 00 TOTAL ALL INVOICES : 2 , 295 . 00 G`} DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 09 : 21 : 49 DETAIL BOARD REPORT FISCAL YEAR 10/ 11 ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AA000001 CARLO D . COLOSIMO 063010 06 /30 / 10 01 POLICE - 05 / 05 / 110 , 05 / 19/ 10 , 01 - 210 - 62 - 00 - 5443 07/ 13 / 10 720 . 00 ADMIN ADJUDICATION CONTRAC 02 06/ 09/ 10 & 06 / 16 / 10 ADMIN * * COMMENT * * 03 HEARINGS * * COMMENT * • INVOICE TOTAL : 720 . 00 VENDOR TOTAL : 720 . 00 AA000002 JULIE VISHER 0610 06 / 29/ 10 01 POLICE- JUNE 2ND AND JUNE 23RD 01 - 210 - 62 - 00 - 5443 07 / 13 / 10 300 . 00 ADMIN ADJUDICATION CONTRAC 02 ADMIN HEARINGS * * COMMENT * * INVOICE TOTAL : 300 . 00 VENDOR TOTAL : 300 . 00 AACVB AURORA AREA CONVENTION 051510 - SUPER 06/ 15/ 10 01 FINANCE- SUPER 8 MAY HOTEL TAX 01 - 120 - 65 - 00 - 5844 07/ 13 / 10 1 , 165 . 75 MARKETING - HOTEL TAX INVOICE TOTAL : 1 , 165 . 75 VENDOR TOTAL : 1 , 165 . 75 ACTION ACTION GRAPHIX LTD 3352 06/ 09/ 10 01 COMM/REATIONS -MORE ON 34 SIGN 01 - 130 - 78 - 00 - 9010 07 / 13 / 10 101 . 08 COMMUNITY EVENTS INVOICE TOTAL : 101 . 08 3368 06/ 13 / 10 01 COMM/RELATIONS -MORE ON 34 SIGN 01 - 130 - 78 - 00 - 9010 07/13 / 10 50 . 54 COMMUNITY EVENTS INVOICE TOTAL : 50 . 54 VENDOR TOTAL : 151 . 62 ADI AUTOMATIC DOORS , INC . 2 DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ADI AUTOMATIC DOORS , INC . K16Y0701 06/ 11 / 10 01 ADMIN- SHIPPING COSTS ON REPAIR 01 - 110 - 65 - 00 - 5808 07 / 13 / 10 30 . 28 POSTAGE & SHIPPING INVOICE TOTAL : 30 . 28 VENDOR TOTAL : 30 . 28 ALSCAR AL ' S CAR CARE LLC 5160 06 / 16/ 10 01 POLICE-RECHARGED A/ C SYSTEM 01 - 210 - 62 - 00 - 5409 07/ 13 / 10 118 . 40 MAINTENANCE - VEHICLES INVOICE TOTAL : 118 . 40 5232 06/16 / 10 01 POLICE -REPLACED A/ C COMPRESSOR 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 928 . 95 MAINTENANCE - VEHICLES 02 EVAC AND RECHARGED SYSTEM * * COMMENT * * INVOICE TOTAL : 928 . 95 VENDOR TOTAL : 1 , 047 . 35 AQUAFIX AQUAFIX , INC . 5688 06 / 09 / 10 01 STREETS - SLUDGE DIGESTER 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 220 . 24 MAINTENANCE PROPERTY INVOICE TOTAL : 220 . 24 VENDOR TOTAL : 220 . 24 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6831158 06 / 08 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 07/ 13 /10 28 . 18 WEARING APPAREL 02 WATER O -UNIFORMS 51 - 000 - 62 - 00 - 5421 28 . 19 WEARING APPAREL 03 SEWER OP- UNIFORMS 52 - 000 - 62 - 00 - 5421 28 . 19 WEARING APPAREL INVOICE TOTAL : 84 . 56 610 - 6835918 06 / 15 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 07 / 13 / 10 28 . 38 WEARING APPAREL -3 - DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ARAMARK ARAMARK UNIFORM SERVICES 610 - 6835918 06/ 15 / 10 02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 07 / 13 / 10 28 . 39 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 28 . 39 WEARING APPAREL INVOICE TOTAL : 85 . 16 610 - 6840666 06 / 22 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 07/ 13 / 10 37 . 04 WEARING APPAREL 02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 37 . 05 WEARING APPAREL 03 SEWER OP-UNIFORMS 52 - 000 - 62 - 00 - 5421 37 . 04 WEARING APPAREL INVOICE TOTAL : 111 . 13 610 - 6845479 06 /29/ 10 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 07 / 13 / 10 28 . 39 WEARING APPAREL 02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 28 . 38 WEARING APPAREL 03 SEWER OP-UNIFORMS 52 - 000 - 62 - 00 - 5421 28 . 39 WEARING APPAREL INVOICE TOTAL : 85 . 16 VENDOR TOTAL : 366 . 01 ATTGLOB AT&T GLOBAL SERVICES , INC . IL776389 06 / 23 / 10 01 ADMIN-MAINTENANCE BILLING FOR 01 - 110 - 62 - 00 - 5439 - 07 / 13 / 10 1 , 472 . 40 TELEPHONE SYSTEMS MAINTENA 02 JULY - JANUARY *' • COMMENT * * INVOICE TOTAL : 1 , 472 . 40 VENDOR TOTAL : 1 , 472 . 40 ATTINTER AT&T INTERNET SERVICES 060910 06 / 09/10 01 ADMIN- T . 1 SERVICE 01 - 110 - 62 - 00 - 5436 07/ 13 / 10 471 . 99 TELEPHONE INVOICE TOTAL : 471 . 99 VENDOR TOTAL : 471 . 99 -4- DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BANCAMER BANC OF AMERICA LEASING 011547853 06 /22 / 10 01 FINANCE- COPIER LEASES 01 - 120 - 62 - 00 - 5412 07 / 13 / 10 836 . 00 MAINTENANCE- PHOTOCOPIERS 02 WATER OP- COPIER LEASE 51 - 000 - 65 - 00 - 5809 99 . 00 PRINTING & COPYING INVOICE TOTAL : 935 . 00 VENDOR TOTAL : 935 . 00 BANKNY THE BANK OF NEW YORK 052110 - STREBATE 06/ 15/ 10 01 FINANCE-KENDALL MARKETPLACE 01 - 120 - 78 - 00 - 9003 07 / 13 / 10 89 , 662 . 64 SALES TAX REBATE 02 SALES TAX REBATE * * COMMENT * * INVOICE TOTAL : 89 , 662 . 64 060210 - SSA-AC 06 / 10 / 10 01 TRUST & AGENCY-AUTUMN CREEK 95 - 000 - 78 - 00 - 9013 07 / 13 / 10 32 , 415 . 16 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 32 , 415 . 16 060210 - SSABRB 06/ 10 / 10 01 TRUST & AGENCY- BRISTOL BAY SSA 95 - 000 - 78 - 00 - 9013 07 / 13 / 10 117 , 017 . 25 SSA PAYMENTS TO TRUSTEES 02 DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 117 , 017 . 25 060210 - SSARTV 06/ 10/ 10 01 TRUST & AGENCY -RAINTREE 95 - 000 - 78 - 00 - 9013 07/13 / 10 36 , 942 . 63 SSA PAYMENTS TO TRUSTEES 02 VILLAGE SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 36 , 942 . 63 060210 - SSARV2 06110110 01 TRUST & AGENCY - RAINTREE 95 - 000 - 78 - 00 - 9013 07 / 13 / 10 5 , 474 . 75 SSA PAYMENTS TO TRUSTEES 02 VILLAGE II SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 5 , 474 . 75 060810 - BDIST 06110110 01 FINANCE-BUSINESS DISTRICT TAX 01 - 120 - 78 - 00 - 9004 07/ 13 / 10 25 , 279 . 42 BUSINESS DISTRICT . REBATE INVOICE TOTAL : 25 , 279 . 42 VENDOR TOTAL : 306 , 791 . 85 - 5 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BOBS BLUE CROSS BLUE SHIELD 060710 06/ 07 / 10 01 FINANCE - JULY HEALTH INSURANCE 01 - 120 - 50 - 00 - 5203 07 / 13 / 10 76 , 204 . 29 BENEFITS - HEALTH INSURANCE 02 FINANCE- JULY DENTAL INSURANCE 01 - 120 - 50 - 00 - 5205 6 , 770 . 16 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 82 , 974 . 45 VENDOR TOTAL : 82 , 974 . 45 BNYCORP THE BANK OF NEW YORK 252 - 1482628 06 / 17 / 10 01 FINANCE -ADMINISTRATION FEE 01 - 120 - 62 - 00 - 5401 07 / 13 / 10 214 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 214 . 00 VENDOR TOTAL : 214 . 00 BPAMOCO BP AMOCO OIL COMPANY 25371426 - PD 06/ 24 / 10 01 POLICE - GASOLINE 01 - 210 - 65 - 00 - 5812 07 / 13 / 10 133 . 63 GASOLINE INVOICE TOTAL : 133 . 63 25371427 - PW 06/24 / 10 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 00204444 07 / 13 / 10 463 . 28 GASOLINE 02 WATER OP- GASOLINE 51 - 000 - 65 - 00 - 5812 463 . 29 GASOLINE 03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 463 . 29 GASOLINE INVOICE TOTAL : 11389 . 86 VENDOR TOTAL : 1 , 523 . 49 BRENNTAG BRENNTAG MID- SOUTH , INC . BMS816696 06/ 10/ 10 01 WATER OP-DRUM RETURN CREDIT 51 - 000 - 62 - 00 - 5407 07 / 13 / 10 - 400 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : - 400 . 00 - 6 - DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BRENNTAG BRENNTAG MID- SOUTH , INC . BMS845680 06 / 09 / 10 01 WATER OP - CHLORINE 51 - 000 - 62 - 00 - 5407 00204672 07 /13 / 10 1 , 115 . 25 TREATMENT FACILITIES O&M . INVOICE TOTAL : 1 , 115 . 25 VENDOR TOTAL : 715 . 25 BURDV VALERIE BURD 063010 06/20 / 10 01 ADMIN- JUNE PHONE REIMBURSEMENT 01 - 110 - 62 - 00 - 5438 07/13 / 10 45 . 00 CELLULAR TELEPHONE INVOICE TOTAL : 45 . 00 VENDOR TOTAL : 45 . 00 CALLONE CALL ONE 1010 - 7980 - 0000 - 0610C 06 / 15 / 10 01 ADMIN-MONTHLY SERVICE 01 - 110 - 62 - 00 - 5436 07 / 13 / 10 209 . 72 TELEPHONE 02 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 272 . 04 TELEPHONE 03 POLICE- CITY HALL NORTEL 01 -210 - 62 - 00 - 5436 272 . 04 TELEPHONE 04 WATER OP- CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 272 . 05 TELEPHONE 05 POLICE-MONTHLY SERVICE 01 - 210 - 62 - 00 - 5436 532 . 91 TELEPHONE 06 POLICE- CITY HALL FIRE 01 - 210 - 62 - 00 - 5436 33 . 57 TELEPHONE 07 ADMIN- CITY HALL FIRE 01 - 110 - 62 - 00 - 5436 33 . 58 TELEPHONE 08 WATER OP -MONTHLY SERVICE 51 - 000 - 62 - 00 - 5436 922 . 57 TELEPHONE INVOICE TOTAL : 2 , 548 . 48 VENDOR TOTAL : 2 , 548 . 48 CARGILL CARGILL , INC DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CARGILL CARGILL , INC 2835319 06 / 03 / 10 01 WATER OP- 13ULK SALT 51 - 000 - 62 - 00 - 5407 00204670 07 / 13 / 10 2 , 688 . 36 TREATMENT FACILITIES 0&M INVOICE TOTAL : 2 , 688 . 36 2838889 06/ 09/ 10 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00204675 07 / 13 / 10 2 , 814 . 29 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 814 . 29 VENDOR TOTAL : 5 , 502 . 65 CLASLAND CLASSIC LANDSCAPE , LTD 58041 05/25 / 10 01 FOX HILL SSA-APRIL LAWN 11 - 000 - 65 - 00 - 5416 07 / 13 / 10 454 . 92 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * 03 SUNFLOWER SSA-APRIL LAWN 12 - 000 - 65 - 00 - 5416 430 . 00 MAINTENANCE COMMON GROUNDS 04 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 884 . 92 58286 06/ 01110 01 FOX HILL SSA-MAY LAWN 11 - 000 - 65 - 00 - 5416 07 / 13 / 10 454 . 92 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * 03 SUNFLOWER SSA- MAY LAWN 12 - 000 - 65 - 00 - 5416 430 . 00 MAINTENANCE COMMON GROUNDS 04 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 884 . 92 VENDOR TOTAL : 1 , 769 . 84 COMED COMMONWEALTH EDISON 6963019021 - 0610 06 / 16/ 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 07/ 13 / 10 25 . 17 ELECTRICITY INVOICE TOTAL : 25 . 17 7090039005 - 0610 06109110 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 07/ 13 / 10 21 . 63 ELECTRICITY INVOICE TOTAL : 21 . 63 _g _ DATE : 07/ 06/ 10 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ COMED COMMONWEALTH EDISON 8344010026 - 0610 06/22 /10 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 07 /13 / 10 3 , 111 . 21 ELECTRICITY INVOICE TOTAL : 3 , 111 . 21 VENDOR TOTAL : 3 , 158 . 01 DEPO DEPO COURT REPORTING SVC , INC 14537 06/ 18 / 10 01 POLICE- JUNE 9TH PLAN 01 - 220 - 62 - 00 - 5401 07 / 13 / 10 310 . 90 CONTRACTUAL SERVICES 02 COMMISSION MEETING * * COMMENT * * INVOICE TOTAL : 310 . 90 14544 06/22 / 10 01 POLICE- JUNE 9TH ADMIN HEARING 01 - 210 - 62 - 00 - 5443 07/ 13 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL : 175 . 00 14546 06/22 / 10 01 POLICE- JUNE 16TH ADMIN HEARING 01 - 210 - 62 - 00 - 5443 07/ 13 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL : 175 . 00 14554 06/29 / 10 01 POLICE - JUNE 23 ADMIN HEARING 01 - 210 - 62 - 00 - 5443 07 / 13 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 835 . 90 DLT DLT SOLUTIONS , INC . 3388160 06116110 01 ENG-AUTO CAD MAP SUBSCRIPTION 01 - 150 - 62 - 00 - 5401 00102214 07 / 12 / 10 593 . 99 CONTRACTUAL SERVICES 02 RENEWAL * * COMMENT * * 03 ENG-AUTO CAD SUBSCRIPTION 01 - 150 - 75 - 00 - 7002 398 . 80 COMPUTER EQUIPMENT & SOFTW 04 RENEWAL * * COMMENT * * 05 COMM/DEV-AUTO CAD MAP 01 - 220 - 62 - 00 - 5401 565 . 27 CONTRACTUAL SERVICES _g _ DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT DLT DLT SOLUTIONS , INC . 3388160 06 / 16/ 10 06 SUBSCRIPTION RENEWAL * * COMMENT * * 00102214 07 / 12 / 10 07 COMM/DEV-AUTO CAD SUBSCRIPTION 01 - 220 - 65 - 00 - 5804 185 . 26 OPERATING SUPPLIES 08 RENEWAL * * COMMENT * * INVOICE TOTAL : 1 , 743 . 32 VENDOR TOTAL : 1 , 743 . 32 DLUGOPOT TIM DLUGOPOLSKI 051810 - 06 / 11/ 10 01 ADMIN-MAY 18TH MEETING MINUTES 01 - 110 - 62 - 00 - 5401 07 / 13 / 10 60 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 DOORDOOR DOOR TO DOOR DIRECT 13696 06/29 / 10 01 COMM/RELATIONS - CITY NEWSLETTER 01 - 130 - 65 - 00 - 5808 07 / 13 / 10 440 . 00 POSTAGE & SHIPPING 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 440 . 00 VENDOR TOTAL : 440 . 00 DUTEK DU- TEK , INC . 215620 06/ 18 / 10 01 STREETS -HOSE ASSEMBLY 01 - 410 - 62 - 00 - 5409 07 / 13 / 10 90 . 00 MAINTENANCE-VEHICLES INVOICE TOTAL : 90 . 00 VENDOR TOTAL : 90 . 00 FIRST FIRST PLACE RENTAL 200186 06/ 17/ 10 01 STREETS - CONCRETE SAW 01 - 410 - 62 - 00 - 5434 07/ 13 / 10 176 . 00 RENTAL -EQUIPMENT INVOICE TOTAL : 176 . 00 VENDOR TOTAL : 176 . 00 - 10 - DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GARDKOCH GARDINER KOCH & WEISBERG H- 1845C- 72596 06/ 05 / 10 01 ADMIN-LAY- COM MATTERS 01 - 110 - 61 - 00 - 5303 07 / 13 / 10 12 , 047 . 45 LITIGATION COUNCIL INVOICE TOTAL : 12 ,.047 . 45 H - 1847C - 72769 06/ 14 / 10 01 ADMIN- GENERAL LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 07 / 13 / 10 1 , 147 . 50 LITIGATION COUNCIL INVOICE TOTAL : 1 , 147 . 50 H- 1974C- 72594 06 / 05/ 10 01 ADMIN- IEPA LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 07 / 13 / 10 414 . 50 LITIGATION COUNCIL INVOICE TOTAL : 414 . 50 H- 2013C- 72595 06/ 05 / 10 01 ADMIN-HAMMAN FEES MATTERS 01 - 110 - 61 - 00 - 5303 07/ 13 / 10 2 , 656 . 64 LITIGATION COUNCIL INVOICE TOTAL : 2 , 656 . 64 VENDOR TOTAL : 16 , 266 . 09 GJOVIKFD GJOVIK FORD-MERCURY , INC . 061810 06/18 / 10 01 POLICE- REPAIRED EXHAUST LEAR 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 295 . 90 MAINTENANCE - VEHICLES INVOICE TOTAL : 295 . 90 VENDOR TOTAL : 295 . 90 GREATAME GREATAMERICA LEASING CORP . 9738337 06/ 07 / 10 01 FINANCE- COPIER LEASE 01 - 120 - 62 - 00 - 5412 07 / 13 / 10 736 . 00 MAINTENANCE- PHOTOCOPIERS INVOICE TOTAL : 736 . 00 VENDOR TOTAL : 736 . 00 HACH HACH COMPANY _ 6768382 06110110 01 WATER OP - CHEMICALS 51 - 000 - 62 - 00 - 5407 07/ 13 / 10 340 . 30 TREATMENT FACILITIES O&M INVOICE TOTAL : 340 . 30 VENDOR TOTAL : 340 . 30 - 11 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 09 : 21 : 49 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HDSUPPLY HD SUPPLY WATERWORKS , LTD . 1505280 06/ 18/ 10 01 WATER OP- 6 100CF METERS , 25 51 - 000 - 75 - 00 - 7508 07 /13 / 10 295 . 25 METERS & PARTS 02 METER CPLGS , 100 RUBBER * * COMMENT * * 03 METER WASHERS * * COMMENT * * INVOICE TOTAL : 295 . 25 1505306 06116110 01 WATER OP - 4 100 CF METERS 51 - 000 - 75 - 00 - 7508 07/ 13 / 10 712 . 00 METERS & PARTS INVOICE TOTAL : 712 . 00 VENDOR TOTAL : 1 , 007 . 25 HENNE VERNE HENNE CONSTR . & 28482 06/ 15/ 10 01 STREETS -LIGHT POLE REPAIR FROM 01 -410 - 62 - 00 - 5415 00204442 07 / 13 / 10 3 , 357 . 00 MAINTENANCE - STREET LIGHTS 02 ACCIDENT AT KENNEDY ROAD * * COMMENT * * INVOICE TOTAL : 3 , 357 . 00 VENDOR TOTAL : 3 , 357 . 00 HOGAN FARM PLAN 3429905 06/ 08 / 10 01 STREETS -REPAIR HYDRAULICS , 01 - 410 - 62 - 00 - 5408 00204438 07 / 13 / 10 1 , 839 . 59 MAINTENANCE -EQUIPMENT 02 REPLACE 2 CYLINDERS * * COMMENT * * INVOICE TOTAL : 1 , 839 . 59 VENDOR TOTAL : 1 , 839 . 59 HOMEDEPO HOME DEPOT 3010803 05/ 07 / 10 01 STREETS - FILTERS 01 - 410 - 62 - 00 - 5414 07/ 13 / 10 126 . 60 MAINTENANCE- TRAFFIC SIGNAL INVOICE TOTAL : 126 . 60 3010805 05/ 07/ 10 01 STREETS - FILTERS 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 32 . 76 MAINTENANCE PROPERTY INVOICE TOTAL : 32 . 76 - 12- DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HOMEDEPO HOME DEPOT 3010807 05 / 07/ 10 01 STREETS - FUSES 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 13 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 13 . 00 . 3010820 05/ 07 / 10 01 STREETS - CIRCUIT BREAKER, FUSE 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 40 . 90 MAINTENANCE PROPERTY INVOICE TOTAL : 40 . 90 3012673 05/27 / 10 01 STREETS - FILTERS 01 - 410 - 62 - 00 - 5414 07 / 13 / 10 51 . 10 MAINTENANCE -TRAFFIC SIGNAL INVOICE TOTAL : 51 . 10 VENDOR TOTAL : 264 . 36 IEPAWATE IL . ENV . PROTECTION AGENCY 060810 06/ 08 / 10 01 ENG-ANNUAL NPDES PERMIT FEE 01 - 150 - 62 - 00 - 5403 07/ 13 / 10 11000 . 00 FEES 02 RENEWAL * * COMMENT * * INVOICE TOTAL : 1 , 000 . 00 VENDOR TOTAL : 1 , 000 . 00 ILLEPA ILLINOIS ENVIRONMENTAL L17 - 0130 - 35 06 / 15/ 10 01 SEWER OP- PRINCIPAL PYMT 52 - 200 - 66 - 00 - 6050 07 / 13 / 10 17 , 521 . 89 IEPA LOAN L17 - 013000 PRINC 03 SEWER OP- INTEREST PYMT 52 - 200 - 66 - 00 - 6050 11968 . 10 IEPA LOAN L17 - 013000 PRINC INVOICE TOTAL : 19 , 489 . 99 VENDOR TOTAL : 19 , 489 . 99 ILPD4778 ILLINOIS STATE POLICE 052410 05/24 / 10 01 ADMIN-BACKGROUND CHECKS 01 - 110 - 65 - 00 - 5804 07 / 13 / 10 34 . 25 OPERATING SUPPLIES INVOICE TOTAL : 34 . 25 VENDOR TOTAL : 34 . 25 - 13 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ILPD4611 ILLINOIS STATE POLICE 052410 - CITY 05 /24 / 10 01 ADMIN-BACKGROUND CHECKS 01 - 110 - 65 - 00 - 5804 07 / 13 / 10 68 . 50 OPERATING SUPPLIES INVOICE TOTAL : 68 . 50 VENDOR TOTAL : 68 . 50 IPRF ILLINOIS PUBLIC RISK FUND 061410 06/ 14 / 10 01 FINANCE- MONTHLY PREMIUM 01 - 120 - 62 - 00 - 5400 07 /13 / 10 11 , 722 . 00 INSURANCE - LIABILITY & PRO INVOICE TOTAL : 11 , 722 . 00 VENDOR TOTAL : 11 , 722 . 00 IPWSOA IPWSOA 091000NF 06/ 30 / 10 01 WATER OP -ANNUAL IPWSOA 51 - 000 - 64 - 00 - 5604 07/ 13 / 10 165 - 00 TRAINING & CONFERENCES 02 CONFERENCE REGISTRATION FOR 1 * * COMMENT * * 03 PERSON * * COMMENT * * INVOICE TOTAL : 165 . 00 091000NF-A 06/ 30/ 10 01 WATER OP - IPWSOA ANNUAL 51 - 000 - 64 - 00 - 5604 07 / 13 / 10 165 . 00 TRAINING & CONFERENCES 02 CONFERENCE REGISTRATION FOR * * COMMENT * * 03 1 PERSON * * COMMENT * * INVOICE TOTAL : 165 . 00 VENDOR TOTAL : 330 . 00 ITRON ITRON 147295 06111110 01 WATER OP-JULY HOSTING SERVICES 51 - 000 - 75 - 00 - 7506 07 / 13 / 10 421 . 81 METER READERS INVOICE TOTAL : 421 . 81 VENDOR TOTAL : 421 . 81 JEWEL JEWEL - 14- DATE : 07/ 06/ 10 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JEWEL JEWEL 061810 - CITY 06 / 18 / 10 01 ADMIN-WATER, COFFEE , PAPER 01 - 110 - 65 - 00 - 5800 07/ 13 / 10 30 . 95 CONTINGENCIES 02 TOWELS * * COMMENT * * INVOICE TOTAL : 30 . 95 VENDOR TOTAL : 30 . 95 JULIE JULIE , INC . 05 - 10 - 1802 ' 05 / 31 / 10 01 WATER OP-MAY LOCATES 51 - 000 - 61 - 00 - 5303 07/ 13 / 10 480 . 50 JULIE SERVICE INVOICE TOTAL : 480 . 50 VENDOR TOTAL : 480 . 50 JUSTSAFE JUST SAFETY , LTD 12048 06/ 17 / 10 01 SEWER OP - FIRST AID SUPPLIES 52 - 000 - 65 - 00 - 5805 07 / 13 / 10 45 . 79 SHOP SUPPLIES INVOICE TOTAL : 45 . 79 VENDOR TOTAL : 45 . 79 KENDTREA KENDALL COUNTY TREASURER YPD0610 06 /28 / 10 01 POLICE- SSMA ANNUAL COST 01 - 210 - 62 - 00 - 5442 07 / 13 / 10 8 , 286 . 30 NEW WORLD LIVE SCAN 02 SHARING AGREEMENT * * COMMENT * * INVOICE TOTAL : 8 , 286 . 30 VENDOR TOTAL : 81286 . 30 KENPRINT ANNETTE M . POWELL 17771 06116110 01 COMM/DEV- 500 INSPECTION FORMS 01 - 220 - 65 - 00 - 5804 07/ 13 / 10 66 . 95 OPERATING SUPPLIES INVOICE TOTAL : 66 . 95 17772 06/ 16/ 10 01 POLICE- 500 CASE MANAGEMENT 01 - 210 - 65 - 00 - 5809 07/ 13 / 10 169 . 95 PRINTING & COPYING - 15- DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KENPRINT ANNETTE M . POWELL 17772 06116110 02 FORMS * * COMMENT * * 07/ 13 / 10 INVOICE TOTAL : 169 . 95 17788 06/25/ 10 01 POLICE- 1 , 000 PAYROLL VOUCHERS 01 - 210 - 65 - 00 - 5809 07 / 13 / 10 125 . 85 PRINTING & COPYING INVOICE TOTAL : 125 . 85 17791 06/25 / 10 01 ADMIN- 500 BUSINESS CARDS 01 - 110 - 65 - 00 - 5804 07 / 13 / 10 29 . 00 OPERATING SUPPLIES INVOICE TOTAL : 29 . 00 VENDOR TOTAL : 391 . 75 LANEMUCH LANER , MUCHIN , DOMBROW , BECKER 352531C 02 / 01 / 10 01 ADMIN-ACCOUNT CREDIT 01 - 110 - 61 - 00 - 5300 07 / 13 / 10 - 720 . 00 SPECIAL COUNSEL INVOICE TOTAL : - 720 . 00 355373C 03 / 01/ 10 01 ADMIN-ACCOUNT CREDIT 01 - 110 - 61 - 00 - 5300 07/ 13 / 10 - 112 . 85 SPECIAL COUNSEL INVOICE TOTAL : - 112 . 85 355741 04 / 01/ 10 01 ADMIN- GENERAL EMPLOYMENT 01 - 110 - 61 - 00 - 5300 07 / 13 / 10 649 . 09 SPECIAL COUNSEL 02 MATTERS * * COMMENT * * INVOICE TOTAL : 649 . 09 360301 06101110 01 ADMIN-GENERAL EMPLOYMENT 01 - 110 - 61 - 00 - 5300 07 / 13 / 10 225 . 00 SPECIAL COUNSEL 02 MATTERS DEALING WITH ILLINOIS * * COMMENT * * 03 INSURANCE CODES * * COMMENT * * INVOICE TOTAL : 225 . 00 VENDOR TOTAL : 41 . 24 LAWSON LAWSON PRODUCTS - 16- DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT LAWSON LAWSON PRODUCTS 9305722 06 / 10/ 10 01 STREETS -WASHERS , HEX NUTS , 01 - 410 - 65 - 00 - 5804 07 / 13 / 10 522 . 98 OPERATING SUPPLIES 02 COTTER PINS , OIL , CABLE TIES , * * COMMENT * * 03 FLAP DISC , GLOVES , HEX HEADS * * COMMENT * * INVOICE TOTAL : 522 . 98 9323937 06 / 16/ 10 01 STREETS - GLASS CLEANER , BRAKE 01 - 410 - 65 - 00 - 5804 07 / 13 / 10 437 . 79 OPERATING SUPPLIES 02 CLEAN, FUSES , FLAP DISCS , OIL , * * COMMENT * * 03 CABLE TIES , SUPER BUTTS * * COMMENT * * INVOICE TOTAL : 437 . 79 VENDOR TOTAL : 960 . 77 MENINC MENARDS INC 052110 - STREBATE 06 / 15/ 10 01 FINANCE - SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 07 / 13 / 10 26 , 040 . 48 SALES TAX REBATE INVOICE TOTAL : 26 , 040 . 48 VENDOR TOTAL : 26 , 040 . 48 MENLAND MENARDS - YORKVILLE 1936 06 / 07 /10 01 WATER OP - CAULK GUN, RUBBER 51 - 000 - 65 - 00 - 5804 07/ 13 / 10 9 . 56 OPERATING SUPPLIES 02 SILICONE , HEXBOLTS , HEX NUT * * COMMENT * * INVOICE TOTAL : 9 . 56 1955 06/ 07/ 10 01 POLICE - PUTTY KNIVES , SHELVES 01 -210 - 65 - 00 - 5804 07/ 13 / 10 82 . 34 OPERATING SUPPLIES INVOICE TOTAL : 82 . 34 2201 06108110 01 STREETS - STRAPS , NIPPLES , 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 35 . 03 MAINTENANCE PROPERTY 02 LOCKNUTS , GROMMETS , SAW TAC * * COMMENT * * _ y7_ DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MENLAND MENARDS - YORKVILLE 2201 06108110 03 BUSHING * * COMMENT * * 07 / 13 / 10 INVOICE TOTAL : 35 . 03 2221 06/ 08 / 10 01 STREETS -NIPPLES , LOCKNUTS , 01 - 410 - 62 - 00 - 5416 07/ 13 / 10 12. 82 MAINTENANCE PROPERTY 02 BUSHING * * COMMENT * * INVOICE TOTAL : 12 . 82 2828 06/ 10 / 10 01 POLICE- SPRAY PAINT FOR CRASH 01 - 210 - 65 - 00 - 5804 07 / 13 / 10 19 . 98 OPERATING SUPPLIES 02 RECONSTRUCTION * * COMMENT * * INVOICE TOTAL : 19 . 98 3903 06/ 15/ 10 01 SEWER OP- BRUSH HEADS , STEEL 52 - 000 - 65 - 00 - 5805 07/ 13 / 10 58 . 82 SHOP SUPPLIES 02 HANDLES , PUSH BROOMS , CORN * * COMMENT * * 03 BROOM * * COMMENT * * INVOICE TOTAL: 58 . 82 4408 06/ 17 / 10 01 STREETS - CEMENT 01 -410 - 62 - 00 - 5408 07 / 13 / 10 7 . 98 MAINTENANCE -EQUIPMENT INVOICE TOTAL : 7 . 98 5226 06 / 20/ 10 01 HEADLIGHT 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 10 . 88 MAINTENANCE - VEHICLES INVOICE TOTAL : 10 . 88 96130 05/ 17 / 10 01 WATER OP- FLOAT SWITCH CORD , 51 - 000 - 65 - 00 - 5804 07 / 13 / 10 26 . 35 OPERATING SUPPLIES 02 PVC MALE ADAPTERS * * COMMENT * * INVOICE TOTAL : 26 . 35 96131 05 / 17 / 10 01 STREETS -HAMMERS , STAPLES , 01 - 410 - 62 - 00 - 5416 07/ 13 / 10 48 . 70 MAINTENANCE PROPERTY - 18 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 96131 05/ 17/ 10 02 STAPLE GUNS * * COMMENT * * 07 / 13 / 10 INVOICE TOTAL : 48 . 70 VENDOR TOTAL : 312 . 46 METLIFE METLIFE SMALL BUSINESS CENTER 061710 06/ 17 / 10 01 FINANCE -JULY LIFE INSURANCE 01 - 120 - 50 - 00 - 5204 07 / 13 / 10 2 , 131 . 57 BENEFITS - GROUP LIFE INSUR INVOICE TOTAL : 2 , 131 . 57 VENDOR TOTAL : 2 , 131 . 57 METROWES METRO WEST COG 453 05/ 20/ 10 01 ADMIN-2010 STATE OF COUNTIES 01 - 110 - 64 - 00 - 5605 07/ 13 / 10 60 . 00 TRAVEL/MEALS/LODGING 02 LUNCHEON FOR TWO PEOPLE * * COMMENT * * INVOICE TOTAL : 60 . 00 480 06/ 25/ 10 01 ADMIN- 2010 LEGISLATIVE BBQ FOR 01 - 110 - 64 - 00 - 5605 07 / 13 / 10 25 . 00 TRAVEL/MEALS/LODGING 02 1 PERSON * * COMMENT * * INVOICE TOTAL : 25 . 00 VENDOR TOTAL : 85 . 00 MIDAM MID AMERICAN WATER 61792A 06 / 02/ 10 01 WATER OP- HOSE SPRAYER 51 - 000 - 65 - 00 - 5804 07 / 13 / 10 80 . 00 OPERATING SUPPLIES INVOICE TOTAL : 80 . 00 61871A 06 / 04/ 10 01 WATER OP-HYDRANT WRENCH 51 - 000 - 65 - 00 - 5804 07 / 13 / 10 34 . 40 OPERATING SUPPLIES INVOICE TOTAL : 34 . 40 VENDOR TOTAL : 114 . 40 DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MJELECT MJ ELECTRICAL SUPPLY , INC . 104717 - 00 06/ 08 / 10 01 WATER OP- CREDIT FOR SALES 51 - 000 - 62 - 00 - 5407 - 07 / 13 / 10 - 5 . 11 TREATMENT FACILITIES O&M 02 OVER CHARGE * * COMMENT * * INVOICE TOTAL : - 5 . 11 1115848 - 01 06/ 04 / 10 01 STREETS -BALLAST KIT , BULBS 01 - 410 - 62 - 00 - 5415 07/ 13 / 10 98 . 75 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 98 . 75 1115937 - 01 06/ 15/ 10 01 STREETS - LENS COVER FOR STREET 01 - 410 - 62 - 00 - 5415 07 / 13 / 10 196 .00 MAINTENANCE- STREET LIGHTS 02 LIGHTS * * COMMENT * * INVOICE TOTAL : 196 . 00 1116054 - 00 06/ 11/ 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5416 07/ 13 / 10 10 . 75 MAINTENANCE PROPERTY INVOICE TOTAL : 10 . 75 1116055 - 00 06/ 11/ 10 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 43 . 75 MAINTENANCE PROPERTY INVOICE TOTAL : 43 . 75 1116056 - 00 06/ 11/ 10 01 STREETS -WIRE 01 - 410 - 62 - 00 - 5415 07 / 13 / 10 6 . 90 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 6 . 90 1116057 - 00 06/ 11 / 10 01 STREETS - PHOTO CONTROLS 01 - 410 - 62 - 00 - 5415 07 / 13 / 10 93 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 93 . 00 1116180 - 00 06/ 17 / 10 01 STREETS -BULBS , PHOTO CONTROL , 01 -410 - 62 - 00 - 5415 07/ 13 / 10 349 . 15 MAINTENANCE- STREET LIGHTS 02 FUSES * * COMMENT * * INVOICE TOTAL : 349 . 15 VENDOR TOTAL : 793 . 19 -20 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NCL NCL EQUIPMENT SPECIALTIES 9535 06/ 04 / 10 01 STREETS - 4 ' LATH BUNDLE 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 24 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 24 . 00 VENDOR TOTAL : 24 . 00 NEXTEL NEXTEL COMMUNICATIONS 837900513 - 100CITY 06 / 29 / 10 01 ADMIN-MONTHLY CHARGES 01 - 110 - 62 - 00 - 5438 07 / 13 / 10 32 . 17 CELLULAR TELEPHONE ' 02 COMM/DEV-MONTHLY CHARGES 01 - 220 - 62 - 00 - 5438 104 . 33 CELLULAR TELEPHONE 03 COMM/RELATIONS -MONTHLY CHARGES 01 - 130 - 62 - 00 - 5438 32 . 17 CELLULAR TELEPHONE 04 ENG-MONTHLY CHARGES 01 - 150 - 62 - 00 - 5438 128 . 68 CELLULAR TELEPHONE 05 FINANCE- MONTHLY CHARGES 01 - 120 - 62 - 00 - 5438 64 . 34 CELLULAR TELEPHONE 06 POLICE-MONTHLY CHARGES 01 - 210 - 62 - 00 - 5438 1 , 181 . 57 CELLULAR TELEPHONE 07 SEWER OP- MONTHLY CHARGES 52 - 000 - 62 - 00 - 5438 96 . 51 CELLULAR TELEPHONE 08 STREETS -MONTHLY CHARGES 01 - 410 - 62 - 00 - 5438 160 . 65 CELLULAR TELEPHONE 09 WATER OP-MONTHLY CHARGES 51 - 000 - 62 - 00 - 5438 160 . 84 CELLULAR TELEPHONE 10 COMM/DEV- REPL . BLACKBERRY 01 - 220 - 62 - 00 - 5438 99 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 2 , 061 . 45 VENDOR TOTAL : 2 , 061 . 45 NICOR NICOR GAS 00 - 41 - 22 - 8748 4 - 0610 06 / 07 / 10 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 07 / 13 / 10 46 . 30 NICOR GAS INVOICE TOTAL : 46 . 30 - 21 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0610 06/ 08 / 10 01 ADMIN- 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 07 / 13 / 10 214 . 39 NICOR GAS INVOICE TOTAL : 214 . 39 15 - 64 - 61 - 3532 5 - 0610 06 / 08 / 10 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 07/ 13 / 10 41 . 00 NICOR GAS INVOICE TOTAL : - 41 . 00 20 - 52 - 56 - 2042 1 - 0610 06/ 09/ 10 01 ADMIN- 420 FAIRHAVEN DR 01 - 110 - 78 - 00 - 9002 07/ 13 / 10 85 . 68 NICOR GAS INVOICE TOTAL : 85 . 68 31 - 61 - 67 - 2493 1 - 0610 06108110 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 07 / 13 / 10 36 . 67 NICOR GAS INVOICE TOTAL : 36 . 67 46 - 69 - 47 - 6727 1 - 0610 06/ 07 / 10 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 07/ 13 / 10 68 . 37 NICOR GAS INVOICE TOTAL : 88 . 37 66 - 70 - 44 - 6942 9 - 0610 06 / 08 / 10 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 07 / 13 / 10 95 . 33 NICOR GAS INVOICE TOTAL : 95 . 33 77 - 35 - 71 - 1000 4 - 0610 06/ 08 / 10 01 ADMIN- 131 E HYDRAULIC STREET 01 - 110 - 78 - 00 - 9002 07/ 13 / 10 55 . 94 NICOR GAS INVOICE TOTAL : 55 . 94 95 - 16 - 10 - 1000 4 - 0610 06/ 10 / 10 01 ADMIN- 1 RT . 47 01 - 110 - 78 - 00 - 9002 07/ 13 / 10 307 . 08 NICOR GAS INVOICE TOTAL : 307 . 08 . VENDOR TOTAL : 970 . 76 OFFWORK OFFICE WORKS - 22- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OFFWORK OFFICE WORKS 174677 06/21/ 10 01 ENG- ENVELOPES , LEGAL PADS 01 - 150 - 65 - 00 - 5802 07 / 13 / 10 6 . 49 OFFICE SUPPLIES 02 COMM/DEV- TONER 01 - 220 - 65 - 00 - 5804 63 . 99 OPERATING SUPPLIES 03 COMM/DEV- ENVELOPES , LEGAL PADS 01 - 220 - 65 - 00 - 5802 6 - 49 OFFICE SUPPLIES INVOICE TOTAL : 76 . 97 174805I 06 /17/ 10 01 FINANCE - INDEX BINDER TABS 01 - 120 - 65 - 00 - 5802 07 / 13 / 10 24 - 99 OFFICE SUPPLIES INVOICE TOTAL : 24 . 99 174648 06/ 18 / 10 01 ENG- CALL BELL 01 - 150 - 65 - 00 - 5802 07 / 13 / 10 4 . 89 OFFICE SUPPLIES INVOICE TOTAL : 4 . 89 2173714 05/21/ 10 01 SEWER OP- PHONE BOOK , PENS , 52 - 000 - 65 - 00 - 5802 07/ 13 / 10 129 . 29 OFFICE SUPPLIES 02 MARKERS , POST - IT NOTES , LEGAL * * COMMENT * * 03 PADS , WHITE BOARD CLEANER , * * COMMENT * * 04 RULER, CARTRIDGE , TAPE * * COMMENT * * INVOICE TOTAL : 129 . 29 VENDOR TOTAL : 236 . 14 OHERROND RAY O ' HERRON COMPANY , INC . 0023966 - IN 06 / 23 / 10 01 POLICE-2 SHIRTS , 2 PANTS 01 - 210 - 62 - 00 - 5421 07 / 13 / 10 147 . 80 WEARING APPAREL INVOICE TOTAL : 147 . 80 VENDOR TOTAL : 147 . 80 OLSONB BART OLSON 063010 - PH 06/ 20/ 10 01 ADMIN- JUNE PHONE REIMBURSEMENT 01 - 110 - 62 - 00 - 5438 07 / 13 / 10 45 . 00 CELLULAR TELEPHONE INVOICE TOTAL : 45 - 00 VENDOR TOTAL : 45 . 00 - 23- DATE : 07/ 06 / 10 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PITNEYBO PITNEY BOWES INC 459703 05 /20/ 10 01 FINANCE -MACHINE SERVICED AND 01 - 120 - 62 - 00 - 5410 07 / 13 / 10 838 . 00 MAINTENANCE - OFFICE EQUIPM 02 REPAIRED * * COMMENT * * INVOICE TOTAL : 838 . 00 5501293241 05 / 12 / 10 01 ADMIN- RED INK CARTRIDGE 01 - 110 - 65 - 00 - 5804 07 / 13 / 10 67 . 99 OPERATING SUPPLIES INVOICE TOTAL : 67 . 99 VENDOR TOTAL : 905 . 99 PUBSAFDI PUBLIC SAFETY DIRECT , INC 21139 06 /24 / 10 01 POLICE- REPLACED SPOTLIGHT LAMP 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 128 . 99 MAINTENANCE - VEHICLES INVOICE TOTAL : 128 . 99 21140 06 / 09/ 10 01 POLICE- SIREN REPAIR 01 - 210 - 62 - 00 - 5409 07/ 13 / 10 71 . 25 MAINTENANCE - VEHICLES INVOICE TOTAL : 71 . 25 21198 06 /25/ 10 01 POLICE- REPLACED ADAM LAMP 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 57 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 57 . 00 21199 06/25 / 10 01 POLICE -REPLACED DECK & 01 - 210 - 62 - 00 - 5409 07/ 13 / 10 73 . 40 MAINTENANCE - VEHICLES 02 LIGHTBAR LIGHT * * COMMENT * * INVOICE TOTAL : 73 . 40 21200 06 /25/ 10 01 POLICE -REPLACED ROTATOR GEAR 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 53 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 53 . 00 VENDOR TOTAL : 383 . 64 QUILL QUILL CORPORATION - 24 - DATE : 07/ 06/ 10 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 09 : 21 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT QUILL QUILL CORPORATION , 5938766 06/ 08 / 10 01 WATER OP- PRINTER CARTRIDGE 51 - 000 - 65 - 00 - 5804 07 / 13 / 10 150 . 29 OPERATING SUPPLIES INVOICE TOTAL : 150 . 29 5971514 06 / 09/ 10 01 POLICE - PENS , HIGHLIGHTERS , 01 - 210 - 65 - 00 - 5802 07 / 13 / 10 74 . 66 OFFICE SUPPLIES 02 PRINTER CARTRIDGES • * COMMENT * * INVOICE TOTAL : 74 . 66 6030649 06/ 11/ 10 01 POLICE- PAPER 01 - 210 - 65 - 00 - 5802 07 / 13 / 10 19 . 79 OFFICE SUPPLIES INVOICE TOTAL : 19 . 79 6152370 06/ 17 / 10 01 FINANCE -RUBBER FINGERS , 01 - 120 - 65 - 00 - 5802 07 / 13 / 10 13 . 02 OFFICE SUPPLIES 02 POST- IT NOTES , CORRECTION TAPE * * COMMENT * * INVOICE TOTAL : 13 . 02 6228189 06/22 / 10 01 ADMIN-BATTERIES 01 - 110 - 65 - 00 - 5802 07 /13 / 10 9 . 99 OFFICE SUPPLIES INVOICE TOTAL : 9 . 99 6229335 06/22 / 10 01 ADMIN- CERTIFICATION HOLDERS 01 - 110 - 65 - 00 - 5802 07 / 13 / 10 17 . 95 OFFICE SUPPLIES INVOICE TOTAL : 17 . 95 6280005 06/24 / 10 01 POLICE-GEOGRAPHICS GIFT 01 - 210 - 64 - 00 - 5606 07/ 13 / 10 12 . 04 COMMUNITY RELATIONS 02 CERTIFICATES * * COMMENT * * INVOICE TOTAL : 12 . 04 VENDOR TOTAL : 297 . 74 R0000I15 S &K DEVELOPMENT LLC 052110 - STREBATE 06/ 15/ 10 01 FINANCE- SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 07 / 13 / 10 37 . 79 SALES TAX REBATE INVOICE TOTAL : 37 . 79 VENDOR TOTAL : 37 . 79 - 25- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 " INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . 0 - # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R0000781 BOBBIE DETTMAN 060510 06 / 14 / 10 01 BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 07 / 13 / 10 45 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 45 . 00 VENDOR TOTAL '- 45 . 00 R0000784 MATTHEW SVIHRA 021010 02 / 10 / 10 01 STREETS -DAMAGED MAILBOX 01 - 410 - 65 - 00 - 5804 07 / 13 / 10 62 . 94 OPERATING SUPPLIES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 62 . 94 VENDOR TOTAL : 62 . 94 R0000785 HERMILA CANO 062710 06/27 / 10 01 ADMIN-BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 07 / 13 / 10 50 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 - 00 RATOSJ RATOS , JAMES 052110 - STREBATE 06/ 15 / 10 01 FINANCE - SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 07 / 13 / 10 3 , 453 - 44 SALES TAX REBATE INVOICE TOTAL : 3 , 453 . 44 VENDOR TOTAL : 3 , 453 . 44 SERVMASC SERVICEMASTER COMM . CLEANING 147554 06/ 15/10 01 ADMIN-MONTHLY CITY OFFICE 01 - 110 - 62 - 00 - 5406 07/ 13 / 10 1 , 188 . 00 OFFICE CLEANING 02 CLEANING * * COMMENT * * INVOICE TOTAL : 1 , 188 . 00 VENDOR TOTAL : 1 , 188 - 00 - 26- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SHELL SHELL OIL CO . 065159923006 - PW 06/ 04 / 10 01 STREETS - GASOLINE 01 -410 - 65 - 00 - 5812 00204440 07 / 13 / 10 969 . 19 GASOLINE 02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 969 . 19 GASOLINE 03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 969 . 19 GASOLINE INVOICE TOTAL : 2 , 907 . 57 065356230006 - PD 06111110 01 POLICE-GASOLINE 01 - 210 - 65 - 00 - 5812 07 / 13 / 10 5 , 269 . 74 GASOLINE INVOICE TOTAL : 5 , 269 . 74 VENDOR TOTAL : 8 , 177 . 31 SMIECOSY SMITH ECOLOGICAL SYSTEMS INC . 13918 06115110 01 WATER OP- RELIEF DIAPHRAGM , 51 - 000 - 62 - 00 - 5407 07 / 13 / 10 200 . 08 TREATMENT FACILITIES O&M 02 O -RINGS , DIAPHRAGM BACKING, * * COMMENT * * 03 FELT PAD , REGULATOR STEM * * COMMENT * * INVOICE TOTAL : 200 . 08 VENDOR TOTAL : 200 . 08 STREICH STREICHERS I745307 06/ 07 / 10 01 POLICE-HOLSTER 01 - 210 - 62 - 00 - 5421 07 / 13 / 10 56 . 98 WEARING APPAREL INVOICE TOTAL : 56 . 98 I747074 06/ 14 / 10 01 POLICE- PANTS 01 - 210 - 62 - 00 - 5421 07 / 13 / 10 80 . 00 WEARING APPAREL INVOICE TOTAL : 80 . 00 I747095 06/ 14 / 10 01 POLICE- PANTS 01 - 210 - 62 - 00 - 5421 07/ 13 / 10 70 . 00 WEARING APPAREL INVOICE TOTAL : 70 . 00 - 27- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT STREICH STREICHERS I746085 06/ 17 / 10 01 POLICE- CUFF/MAG COMBO 01 -210 - 62 - 00 - 5421 07 / 13 / 10 24 . 00 WEARING APPAREL INVOICE TOTAL : 24 . 00 VENDOR TOTAL : 230 . 98 TARGET TARGET BANK 061810 - CITY 06118110 01 COMM/RELATIONS - SOBE WATER , 01 - 130 - 78 - 00 - 9010 07 / 13 / 10 19 . 96 COMMUNITY EVENTS 02 TOTE * * COMMENT * * INVOICE TOTAL : 19 . 96 VENDOR TOTAL : 19 . 96 THOMAS THOMAS ALARM SYSTEMS J052510123 05/ 25 / 10 01 STREETS -ANNUAL MONITORING & 01 - 410 - 62 - 00 - 5416 07 / 13 / 10 629 . 00 MAINTENANCE PROPERTY 02 SERVICE FEE * * COMMENT * * INVOICE TOTAL : 629 . 00 VENDOR TOTAL : 629 . 00 THOMWEST THOMPSON WEST 820776985 06 / 04 / 10 01 ADMIN- SUBSCRIPTION PRODUCT 01 - 110 - 65 - 00 - 5804 07 / 13/ 10 73 . 00 OPERATING SUPPLIES 02 CHARGES FOR MAY * * COMMENT * * INVOICE TOTAL : 73 . 00 VENDOR TOTAL : 73 . 00 TUCKER TUCKER DEVELOPMENT CORP . 052110 - STREBATE 06 / 15/ 10 01 FINANCE- SALES TAX REBATE 01 - 120 - 78 - 00 - 9003 07 / 13 / 10 37 , 943 . 59 SALES TAX REBATE INVOICE TOTAL : 37 , 943 . 59 VENDOR TOTAL : 37 , 943 . 59 -28 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 28 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TUFFY TUFFY AUTO SERVICE CENTER 17187 06/ 17/10 01 POLICE- HEAD LIGHT BULB 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 35 . 51 MAINTENANCE - VEHICLES INVOICE TOTAL : 35 . 51 VENDOR TOTAL : 35 . 51 UOFI UNIVERSITY OF ILLINOIS - GAR UPIN5222 06/ 08 / 10 01 POLICE -MFI RECERTIFICATION 01 - 210 - 64 - 00 - 5604 07 / 13 / 10 160 . 00 TRAINING & CONFERENCE 02 COMPUTER TRAINING CHARGE FOR * * COMMENT * * 03 2 PEOPLE * * COMMENT * * INVOICE TOTAL : 160 . 00 VENDOR TOTAL : 160 . 00 UPS UNITED PARCEL SERVICE 00004296X2230 06 / 05/ 10 01 ADMIN- 1 PKG . TO KFO O1 - 110 - 65 - 00 - 5808 07 / 13 / 10 53 . 25 POSTAGE & SHIPPING INVOICE TOTAL : 53 . 25 00004296X2240 06/ 12 / 10 01 WATER OP - 1 PKG . TO ARRO LAB , 1 51 - 000 - 65 - 00 - 5808 07 / 13 / 10 . 109 . 29 POSTAGE & SHIPPING 02 PKG . TO IL EPA , 1 PKG . TO * * COMMENT * * 03 SMITH ECO SYSTEM * * COMMENT * * INVOICE TOTAL : 109 . 29 00004296X2250 06 / 19/ 10 01 ADMIN- 1 PKG . TO KFO 01 - 110 - 65 - 00 - 5808 07/ 13 / 10 40 . 68 POSTAGE & SHIPPING INVOICE TOTAL : 40 . 68 VENDOR TOTAL : 203 . 22 USBANK U . S . BANK IRBB 2003B- 0610 06115110 01 SEWER OP- INTEREST PAYMENT 52 - 200 - 66 - 00 - 6003 07 / 13 / 10 36 , 826 . 25 2003A IRBB INTEREST PMT-BR INVOICE TOTAL : 36 , 826 . 25 VENDOR TOTAL : 36 , 826 . 25 -29- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT USBANKC US BANK OPERATIONS CENTER 060210 - SSAGDR 06110110 01 TRUST & AGENCY-GRANDE RESERVE 95 - 000 - 78 - 00 - 9013 07 / 13 / 10 32 , 168 . 78 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 32 , 168 . 78 060210 - SSAWDR 06 / 10 / 10 01 TRUST & AGENCY-WINDETTE RIDGE 95 - 000 - 78 - 00 - 9013 07 / 13 / 10 14 , 340 . 74 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 14 , 340 . 74 VENDOR TOTAL : 46 , 509 . 52 VIKICHEM VIKING CHEMICAL COMPANY 202721 06/ 08 / 10 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 00204674 07 / 13 / 10 1 , 811 . 23 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 811 . 23 VENDOR TOTAL : 1 , 611 . 23 VISA VISA 062710 - CITY 06 /27 / 10 01 ADMIN-NOTARY STAMP 01 - 110 - 65 - 00 - 5802 07 / 13 / 10 16 . 90 OFFICE SUPPLIES 02 FINANCE-WEBSITE UPKEEP FEES 01 - 120 - 75 - 00 - 7002 24 . 76 COMPUTER EQUIP & SOFTWARE 03 ADMIN- 20FT MALE FEMALE 01 - 110 - 65 - 00 - 5804 149 . 50 OPERATING SUPPLIES 04 CABLE * * COMMENT * * 05 ADMIN- TONER CARTRIDGE 01 - 110 - 65 - 00 - 5804 247 . 63 OPERATING SUPPLIES 06 COMM/RELATIONS - FARMERS MARKET 01 - 130 - 78 - 00 - 9010 46 . 40 COMMUNITY EVENTS 07 COFFEE WITH THE MAYOR * * COMMENT * * 08 STREETS - MONTHLY CABLE 01 - 410 - 62 - 00 - 5401 19 . 98 CONTRACTUAL SERVICES -30 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 30 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT VISA VISA 062710 - CITY 06 /27/ 10 09 WATER OP-MONTHLY CABLE 51 - 000 - 62 - 00 - 5401 07 / 13 / 10 19 . 99 CONTRACTUAL SERVICES 10 SEWER OP- MONTHLY CABLE 52 - 000 - 62 - 00 - 5401 19 . 98 CONTRACTUAL SERVICES 11 STREETS -LAPTOP BATTERY 01 -410 - 62 - 00 - 5414 37 . 85 MAINTENANCE-TRAFFIC SIGNAL 12 ADMIN- MICROPHONE 01 - 110 - 75 - 00 - 7003 608 . 15 OFFICE EQUIPMENT INVOICE TOTAL : 1 , 191 . 14 062710 - PD 06/27 / 10 01 POLICE -MEMBERSHIP RENEWAL 01 - 210 - 64 - 00 - 5600 07 / 13 / 10 120 . 00 DUES 02 POLICE- CHILD SAFETY SEAT 01 - 210 - 64 - 00 - 5604 50 . 00 TRAINING & CONFERENCE 03 TECHNICIAN COURSE REGISTRATION * * COMMENT * * 04 FOR ONE PERSON * * COMMENT * * 05 POLICE- 11 PAIRS OF PANTS 01 - 210 - 62 - 00 - 5421 348 . 50 WEARING APPAREL INVOICE TOTAL : 518 . 50 VENDOR TOTAL : 1 , 709 . 64 VSP VISION SERVICE PLAN 061710 06/ 17 /10 01 FINANCE - JULY VISION INSURANCE 01 - 120 - 50 - 00 - 5205 07 / 13 / 10 1 , 110 . 70 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 1 , 110 . 70 VENDOR TOTAL : 1 , 110 . 70 WATERPRO RI WATERMAN PROPERTIES 071810 - 8 06/24 / 10 01 WATER OP- GRANDE RESERVE COURT 51 - 200 - 62 - 00 - 5464 07/ 13 / 10 22 , 988 . 77 GRANDE RESERVE COURT ORDER 02 ORDER PAYMENT # 8 * * COMMENT * * INVOICE TOTAL : 22 , 988 . 77 VENDOR TOTAL : 22 , 988 . 77 -37 - DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 31 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WATERSYS WATER SOLUTIONS UNLIMITED , INC 28418 06101110 01 WATER OP- PHOSPHATE 51 - 000 - 62 - 00 - 5407 00204673 07 / 13 / 10 2 , 034 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 034 . 00 VENDOR TOTAL : 2 , 034 . 00 WHOLTIRE WHOLESALE TIRE 133800 06/ 15/ 10 01 POLICE-DIAGNOSTIC SCAN , COIL , 01 - 210 - 62 - 00 - 5409 07 / 13 / 10 139 . 66 MAINTENANCE - VEHICLES 02 SPARK PLUG * * COMMENT * * INVOICE TOTAL : 139 . 66 133881 06 / 21 / 10 01 POLICE -BATTERY 01 - 210 - 62 - 00 - 5409 07/ 13 / 10 79 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 79 . 95 133886 06 /21/ 10 01 POLICE- BATTERY 01 - 210 - 62 - 00 - 5409 07 /13 / 10 69 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 69 . 95 133901 06/ 22 /10 01 POLICE-BRAKE LINE REPAIR , 01 - 210 - 62 - 00 - 5409 07/ 13 / 10 109 . 26 MAINTENANCE - VEHICLES 02 BRAKE FLUID * * COMMENT * * INVOICE TOTAL : 109 . 26 VENDOR TOTAL : 398 - 82 WSTILUNV WESTERN ILLINOIS UNIVERSITY 060910 06 / 09/ 10 01 POLICE- TUITION REIMBURSEMENT 01 - 210 - 64 - 00 - 5608 07 / 13 / 10 844 . 63 TUITION REIMBURSEMENT INVOICE TOTAL : 844 . 63 VENDOR TOTAL : 844 . 63 WTRPRD WATER PRODUCTS , INC . -32 - DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 32 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WTRPRD WATER PRODUCTS , INC - 0220911 06116/ 10 01 WATER OP-MEDALLION LOWER 51 - 000 - 75 - 00 - 7507 07 / 13 / 10 110 . 39 HYDRANT REPLACEMENT 02 STEM , 2 MEDALLION COUPLER * * COMMENT * * 03 COTTER PIN * * COMMENT * * INVOICE TOTAL : 110 . 39 VENDOR TOTAL : 110 . 39 YBSD YORKVILLE BRISTOL 0551 - 007910986 05 / 31/ 10 01 WATER OP- MAY FEES 51 - 000 - 62 - 00 - 5401 00204441 07 / 13 / 10 4 , 133 . 42 CONTRACTUAL SERVICES INVOICE TOTAL : 4 , 133 . 42 VENDOR TOTAL : 4 , 133 . 42 YORKACE YORKVILLE ACE & RADIO SHACK 132863 06/22 / 10 01 SEWER OP- BATTERIES 52 - 000 - 62 - 00 - 5419 07 / 13 / 10 6 . 99 MAINTENANCE- SANITARY SEWER , INVOICE TOTAL : 6 . 99 VENDOR TOTAL : 6 . 99 YORKENG YORKVILLE SMALL ENGINE INC 3700470 06/30/ 10 01 WATER OP- 4 CHAINS 51 - 000 - 65 - 00 - 5804 07 / 13 / 10 81 . 60 OPERATING SUPPLIES INVOICE TOTAL : 81 . 60 VENDOR TOTAL : 81 . 60 YORKLIBR YORKVILLE PUBLIC LIBRARY 062410 -BOND 06/25/ 10 01 ADMIN- BOND & INTEREST TAX 01 - 000 - 25 - 00 - 2582 07/ 13/ 10 238 , 305 . 04 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 238 , 305 . 04 -33- DATE : 07 / 06 / 10 UNITED CITY OF YORKVILLE PAGE : 33 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKLIBR YORKVILLE PUBLIC LIBRARY 062410 - RETAX 06/25 / 10 01 ADMIN- REAL ESTATE TAX 01 - 000 - 25 - 00 - 2582 07 / 13 / 10 255 , 633 . 39 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 255 , 633 . 39 VENDOR TOTAL : 493 , 938 . 43 YORKNAPA YORKVILLE NAPA AUTO PARTS 920925 05/20/ 10 01 ENG- GAS CAP 01 - 150 - 62 - 00 - 5409 07 / 13 / 10 12 . 09 MAINTENANCE-VEHICLES INVOICE TOTAL : 12 . 09 VENDOR TOTAL : 12 . 09 YORKPDPC YORKVILLE POLICE DEPT . 062310 06/23 / 10 01 POLICE - CANDLES FOR FIT TESTS , 01 - 210 - 65 - 00 - 5804 07 / 13 / 10 105 . 45 OPERATING SUPPLIES 02 REGISTRATION RENEWAL FOR * * COMMENT * * 03 CHIEF ' S SQUAD * * COMMENT * * INVOICE TOTAL : 105 . 45 VENDOR TOTAL : 105 . 45 YORKPDPN YORKVILLE POLICE PENSION FUND 060210 -RETAX 06/ 10/ 10 01 POLICE-REAL ESTATE TAX 01 - 210 - 72 - 00 - 6502 07 /13 / 10 25 , 704 . 86 POLICE PENSION 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 25 , 704 . 86 VENDOR TOTAL : 25 , 704 . 86 YORKPR YORKVILLE PARK & RECREATION 073110 - TRANSFER 07/ 01 / 10 01 FINANCE - JULY TRANSFER 01 - 120 - 99 - 00 - 9940 07 / 13 / 10 79 , 324 . 16 TRANSFER TO PARK & RECREAT INVOICE TOTAL : 79 , 324 . 16 VENDOR TOTAL : 79 , 324 . 16 -34- DATE : 07 / 06/ 10 UNITED CITY OF YORKVILLE PAGE : 34 TIME : 09 : 21 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 13 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - YORKSELF YORKVILLE SELF STORAGE , INC 061710 - 45 06/ 17 / 10 01 POLICE- STORAGE 01 - 210 - 65 - 00 - 5804 07 / 13 / 10 75 . 00 OPERATING SUPPLIES INVOICE TOTAL : 75 . 00 VENDOR TOTAL : 75 . 00 YOUNGM MARLYS J . YOUNG 052010 06111110 01 ADMIN-MAY 20TH MEETING MINUTES 01 - 110 - 62 - 00 - 5401 07 / 13 / 10 106 . 25 CONTRACTUAL SERVICES INVOICE TOTAL : 106 . 25 VENDOR TOTAL : 106 . 25 TOTAL ALL INVOICES : 1 , 287 , 770 . 86 -35 - UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 5/31 /10 PAID ON 6118110 SOCIAL REGULAR IMRF SECURITY TOTALS MAYOR & LIQUOR COM. 908.33 0. 00 58.24 966. 57 CLERK 741 .67 67.71 56.73 866. 11 TREASURER 500. 00 45.65 38 .25 583. 90 ALDERMAN 41000.00 228.25 261 .96 4,490.21 TOTALS 61150. 00 341 .61 415. 18 6, 906.79 TOTAL PAYROLL 6/18/2010 63906 . 79 TOTAL DISBURSEMENTS 61906.79 - 3fi - UNITED CITY OF YORKVILLE PAYROLL SUMMARY 6/19/2010 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 71821 .74 0.00 71821 .74 714. 13 543.31 91079. 18 FINANCE 93007.74 0. 00 91007. 74 822.41 667.69 10,497.84 COMMUNITY REL. 21500. 00 0.00 2,500.00 228.25 147. 15 21875.40 ENGINEERING 101380.56 0.00 10,380.56 947.74 763.03 123091 .33 POLICE 772890.74 41420. 19 822310.93 739.46 67031 .83 89,082.22 COMMUNITY DEV. 11 ,550.09 0.00 11 ,550.09 897.02 833.95 132281 .06 STREETS 11 ,521 .49 371 .43 115892.92 1 ,085. 83 886.72 13,865.47 WATER 13,410.46 0.00 133410.46 11224.37 976.53 15,611 .36 SEWER 9,087. 12 0. 00 91087. 12 829.65 660.68 10,577.45 PARKS 152465.61 35.63 15150124 12245.78 11148.08 17,895. 10 RECREATION 141239. 15 0.00 14,239. 15 17059.36 1 ,068. 11 16,366.62 REC. CENTER 7,747.63 0.00 71747.63 357.43 586. 86 87691 .92 LIBRARY 19,281 .86 0.00 19,281 .86 823.65 1 ,449. 78 21 ,555.29 TOTALS 209,904. 19 41827.25 2141731 .44 10,975.08 151763.72 241 ,470.24 TOTAL PAYROLL 6/19/2010 241 ,470.24 TOTAL DISBURSEMENTS 2415470.24 - 37- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 7/3/2010 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 71855.83 0.00 7,855.83 717.24 545. 93 97119.00 FINANCE 91007.73 0. 00 91007.73 822.41 686.66 10, 516.80 COMMUNITY REL. 21500.00 0.00 21500.00 228.25 147. 15 21875.40 ENGINEERING 10,380.55 0.00 10,380.55 947.74 763. 03 127091 .32 POLICE 773629.37 5,320. 00 82,949.37 739.46 65080.80 891769.63 COMMUNITY DEV. 11 ,380. 10 0.00 11 ,380. 10 897.02 820.95 132098.07 STREETS 117521 .48 278.57 11 ,800.05 12077.35 879.61 13,757.01 WATER 137332.64 151 .02 13,483.66 11231 .06 982. 13 15,696.85 SEWER 81636.44 0.00 81636.44 788.49 626.20 10,051 . 13 PARKS 153058.86 0.00 15,058.86 11188. 97 17114.29 177362. 12 RECREATION 12,331 .69 0. 00 12, 331 .69 951 .21 928.38 14,211 .28 REC. CENTER 77966.38 0.00 71966.38 261 . 86 603.63 82831 .87 LIBRARY 19,044.55 0.00 193044.55 823.65 11431 .64 21 ,299. 84 TOTALS 2061645.62 51749.59 2123395.21 10, 674. 71 15,610.40 238,680.32 TOTAL PAYROLL 7/312010 238 ,680. 32 TOTAL DISBURSEMENTS 2383680.32 -38 - UNITED CITY OF YORKVILLE SUMMARY SHEET 7/13/2010 TOTAL PAYROLL FOR ELECTED OFFICIALS 5/31 /2010 $6, 906 . 79 TOTAL PAYROLL 6/19/2010 $2415470 . 24 TOTAL PAYROLL 7/3/2010 $238 , 680. 32 TOTAL FY 09/10 INVOICES 7/13/2010 $2 , 295.00 TOTAL FY 10/11 INVOICES 7113/2010 $ 1 , 287, 770. 86 TOTAL DISBURSEMENTS $ 19777, 123.21 `�Ep C/py Reviewed By: Agenda Item Number J2 ®n Legal ❑ Y -1j 1 u a EST. 1836 Finance ❑ s En neer El-��ti-- Engineer Number I. uJ City Administrator ■ u � a ss _ y``y0 Consultant ❑ ❑ <CE \\. Agenda Item Summary Memo Title: Resolution Approving IMRF Authorized Agent Meeting and Date• City Council 7/13/10 Synopsis: Appoint Meghan Ostreko to replace Susan Mika as Authorized Agent to IMRF. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Resolution No. 2010- RESOLUTION APPROVING AUTHORIZED AGENT OF THE UNITED CITY OF YORKVILLE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, the United City of Yorkville is a participant in the Illinois Municipal Retirement Fund in order to provide a sound and efficient system for the payment of benefits to City officers and employees as provided in the Illinois Pension Code (the "Pension Code"); and, WHEREAS, Section 7- 135 of the Pension Code directs all participating municipalities to appoint an "authorized agent' who shall have such powers and duties as provided therein; and, WHEREAS, the Mayor and the City Council of the United City of Yorkville deem it in the best interest of the United City of Yorkville to appoint Meghan Ostreko as the United City of Yorkville Illinois Municipal Retirement Fund Authorized Agent. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Meghan Ostreko be appointed as the United City of Yorkville Illinois Municipal Retirement Fund Authorized Agent and that the Mayor and City Clerk are hereby authorized to execute any and all documentation required by the Illinois Municipal Retirement Fund to certify said appointment. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2010. ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2010. Mayor Attest: City Clerk `QED C/p` Reviewed By: Agenda Item Number J� on Legal ❑ PW -t ' T. leas Finance ES ❑ i En neer ■ g Tracking Number L W City Administrator ❑ Consultant ❑ PW 2010-44 W ` Agenda Item Summary Memo Title: Route 47 Project — Resolution Regarding Overnight Construction — Second Reading Meeting and Date• City Council 7/13/10 Synopsis: This resolution would allow overnight construction activity by IDOT for the Route 47 reconstruction project. Council Action Previously Taken: Date of Action: CC 6/22/10 Action Taken: First reading Item Number: PW 2010-44 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: alpJ 0 Memorandum EST =� ease To : Bart Olson, City Administra or ®� 19 t From : Joe Wywrot, City Engineer �L CC: Kathy Orr, City Attorney <4E Lisa Pickering, Deputy City Clerk Date: June 8, 2010 Subject: Route 47 Project — Resolution Regarding Overnight Construction Attached find a proposed resolution allowing night-time construction activity for IDOT' s Route 47 construction project. This resolution sets conditions upon IDOT' s night-time construction activities, and also waives existing city ordinances or resolutions that might limit IDOT's ability to efficiently perform such work. IDOT anticipates that the Route 47 project will take at least 2 .5 years to construct. Their current projections indicate that traffic backups may be longer than one mile during peak hours. This level of roadway congestion will not only impact the motoring public, it will also negatively impact IDOT's contractors ability to efficiently coordinate trucking or make timely deliveries of material such as stone or concrete. To minimize these impacts, IDOT has requested that the city allow night-time construction at certain times and locations. Lane or side street closures associated with overnight work would not be put into effect until 8prn to allow the evening rush hour to dissipate, and would end by 6am the following morning. Residents in the immediate vicinity of the overnight work would be subject to construction noise and lighting during overnight hours. While this is undesirable, I believe that the improved daytime traffic flow and shortened construction timeframe outweighs these negatives. Please place this item on the June 15, 2010 Public Works Committee agenda for consideration. Resolution No. 2010- RESOLUTION REGARDING NIGHT-TIME WORK FOR RECONSTRUCTION OF ILLINOIS ROUTE 47 WHEREAS, the Illinois Department of Transportation (hereinafter identified as "IDOT') has scheduled a roadway reconstruction project for Illinois Route 47 between Route 71 and Kennedy Road, identified as Contract No.66671 and currently scheduled to begin construction in 2011 and take over two years to complete; and, WHEREAS, said roadway project is expected to result in significant traffic delays during construction; and, WHEREAS, IDOT has requested that the United City of Yorkville (hereinafter identified as the "City") agree to allow night-time construction to reduce the impact on traffic and expedite the overall construction process; and, WHEREAS, the City believes that it would be in the best interests of residents to approve the request of the Illinois Department of Transportation, and permit night-time construction in order to alleviate significant traffic problems during peak travel hours. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1 . In addition to conventional daytime construction, roadway construction related to IDOT Contract No.66671 shall also be allowed between the hours of 8pm and 6am. It is understood that this night-time construction may include the closure of one lane of through traffic or the closure of one or more side streets, during which time traffic will be detoured by signage or directed by flaggers. Section 2. IDOT shall notify the Yorkville Police Department and residents within two blocks of said night-time work at least 24 hours before the work shall commence, and shall provide an estimate of how long the work shall last. Section 3. Any city ordinance or resolution dealing with working hours, noise, and/or fighting that may limit the efficiency and/or ability of IDOT to prosecute the night-time work is hereby waived for the duration of IDOT Contract No.66671 only. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2010. City Clerk ROBYN SUTCLIFF GEORGE T. GILSON, JR, ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2010. Mayor ��,O CIJb Reviewed By: Agenda Item Number Z) ' �n Legal ❑ � il a F-1 Esr. _ leas Finance g En ineer E -��- Tracking Number City Administrator El s "�O Consultant ❑ PW 2010-38 <tE y F-1 Agenda Item Summary Memo Title: Punchlist Processes Meeting and Date: City Council 7/13/10 Synopsis: Continued discussion of current puchlist process. Council Action Previously Taken: Date of Action: CC 6/22/10 Action Taken: Tabled Item Number: PW 2010-38 Type of Vote Required: None at this time. Council Action Requested: Discussion Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �® C'T 1-� Memorandum To: City Council EST. ; . 1836 From : Bart Olson, City Administrator CC: ® ` ® � � Date: June 18, 2010 <LE Subject: Punch list processes This item was discussed at the June 15 Public Works Committee meeting and forwarded to City Council for further discussion. The specific proposal being discussed and suggested by certain members of the committee is requiring that all punch lists in the City be updated at least once per year. A tangent to this proposal is that punch lists be created and updated prior to 50% build out of a unit within the development. The proposal to require punch lists to be updated once per year is an efficient use of staff time only if the City Council wishes staff to force accelerated acceptance of subdivisions, but serious consideration must be given to staffing levels within the engineering department if this direction is chosen. The resolution on public improvements approved by City Council states that all infi•astrueture within a unit must be completed within two years and the roads completed within three years. While I, and the rest of the staff, would prefer subdivisions to be built quickly and efficiently they have not been due to the economy. Also, the build-out process inherently results in damage to infi-astructure; therefore accelerated acceptance would increase the amount of build-out occurring after the warranty period has expired, with the city then having to perform/fund some repairs that would otherwise have been performed/funded by the developer. Therefore it has been the unofficial policy of the City for the past several years to allow developers to dictate the pace of construction and not push for accelerated acceptance. If the City is to maintain the unofficial policy of allowing developers to dictate the pace of construction, punch lists should only be generated for developers who are actively building. Otherwise, the time spent (1 -2 weeks of staff time per unit in a subdivision) is wasted. If the City wishes to push the construction of the subdivision, then it would be beneficial to spend the time generating punch lists. Regarding the second item, the Subdivision Control Ordinance states that the city will not consider acceptance of public improvements until 50% build-out, and further that roadway surface course is not to be paved until 70% build-out. These two provisions keep staff from spending time on generating a punch list that would not be an accurate representation of the final items to be completed by a developer immediately prior to acceptance by a subdivision. For instance, while underground sanitary sewer, water, and storm sewer infrastructure are installed relatively early in the construction of a subdivision, things that are often on a punch list, including curb cuts, sidewalks, and parkway trees are not be installed until the end of the construction of the subdivision. Completing a punch list at 25% build-out would result in a long list of all the items that need to still be completed by a developer. Requiring all punchlists to be updated every year prior to 50% would result in a significant, and ineffective, use of staff time. �� Memorandum EST. '�` yeas To: Bart Olson, City Administr or t It vy From : Joe Wywrot, City Engineer Lot �(y CC: Lisa Pickering, Deputy Cit C erk Date: June 3 , 2010 Subject: Punchlist Process At their meeting on May 18"i, the Public Works Committee discussed our current punchlist process and recommended that punchlists be updated at least once a year and forwarded to the developer. Currently we update punchlists when requested by the developer or when we notice that significant work has been performed. Because updating a punchlist can be a very time- consuming task, if a developer does not address punchlist work we do not update a list that we are fairly certain will be essentially unchanged. We went back and looked at several developments to see how frequently punchlists have been updated: Development Punclilist Updates Between And Bristol Bay: Unit 1 9 12/28/07 12/2/09 Unit 2 6 7/8/08 5/14/09 Unit 4 6 4/26/07 5/14/09 Unit 5 1 5/19/10 Unit 6 5 8/29/08 5/14/09 Unit 7 5 10/6/08 7/27/09 Briarwood 2 7/10/09 10/7/09 Kendall Marketplace: Beecher Road 3 9/15/08 1 /5/09 Commercial 3 7/16/09 10/21 /09 Home Depot 8 1 /29/08 1/12/09 Kohl's 5 9/26/07 1 /12/09 Target 5 6/5/08 10/7/08 Offsite Storni 8 6/5/07 10/20/08 Rush Copley: Beecher Road 4 7/22/08 1 /26/09 Phase 1 6 7/7/08 10/19/09 Sunflower Phase 1 7 12/18/98 7/29/08 Sunflower Phase 2 5 7/25/02 1 /10/08 Sunflower Phase 3 4 7/19/05 1 /10/08 Development Punchlist Updates Between And Whispering Meadows: Clubhouse 7 11 /16/05 12/4/08 Unit 1 4 8/30/07 9/24/09 Unit 2 3 4/20/09 10/2/09 Unit 4 1 9/14/09 Windett Ridge: Rt.47 3 9/5/07 5/20/10 Onsite 2 4/7/09 5/21 /10 Our Standard Specifications for Improvements states that the city shall not consider acceptance of public improvements within a development until at least 50% of the development has been built-out, therefore we do not create initial punchlists until we reach the 50% build-out level. I recommend that we continue this practice. To create punchlists earlier in the development process would likely result in longer and/or vague punchlists that would be inaccurate or incomplete due to damage that occurs or issues that become apparent during the build-out process. Please place this item on the Public Works Committee agenda of June 15, 2010 for discussion. Reviewed By: Agenda Item Number JZ T Legal ❑ T. leas Finance ES ❑ Engineer ■ -�` g Tracking Number 4 I� City Administrator ■ Consultant ❑ PS 2010-15 CE Chief of Police ■ Agenda Item Summary Memo Title: Parking at Whispering Meadows Park and Prairie Meadows Park Meeting and Date• City Council 7/13/10 Synopsis: Ordinance regulating parking on Hayden Drive and Alan Dale Lane. Council Action Previously Taken: Date of Action: PS 6/24/10 Action Taken: Moved forward to City Council. Item Number: PS 2010-15 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING 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 6, Chapter 2, Section 2, paragraph titled John Street, of the United City of Yorkville Code of Ordinances is hereby amended by adding the following: 6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS: HAYDEN DRIVE A "no parking" zone shall be created on the north side of Hayden Drive from McHugh Road to Prairie Clover Drive, to be effective Monday through Friday, between the hours of 5 :00 p.m. until 9:00 p.m. during the months of April, May, June, and July. ALAN DALE LANE A "no parking" zone shall be created on the east side of Alan Dale Lane from McMurtrie Way to Faxon Road, to be effective Monday through Friday, between the hours of 5 :00 p.m. until 9:00 p.m. during the months of April, May, June, and July. Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. 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 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. 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