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City Council Packet 2008 01-22-08 C/P, ,z R United City of Yorkville ° 800 Game Farm Road Er. 1 1836 Yorkville, Illinois 60560 rj p Telephone: 630-553 -4350 ``�O Fax: 630-553 -7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, January 22, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Manus Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., February 19, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., February 7, 2008 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., February 14, 2008 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., January 24, 2008 City Hall Conference Room Presentations: 1 . Presentation to the Special Response Team from the Citizen' s Police Academy Alumni 2. Presentation to Scott Fiandalo and Tom Grimes for graduation from police training 3 . Yorkville Town Center (PC 2007-40) Concept Plan Presentation 4. Kendall County Farm Protection Presentation by Tim Gerk City Council Meeting Agenda January 22, 2008 Page 2 Public Hearings: 1 . YMCA Pool Partnership Proposal Citizen Comments: Consent Agenda: 1 . ADM 2008-02 Monthly Treasurer' s Report for November 2007 2. ADM 2008-05 Resolution Relating to Participation by Elected Officials in the Illinois Municipal Retirement Fund - authorize City Clerk to execute 3 . ADM 2007-94 Amended and Restated Governing Ordinance - authorize Mayor and City Clerk to execute 4. CC 2008-03 Ordinance Amending Title I of the City Code of the United City of Yorkville, Kendall County, Illinois (regarding Elected Officials Compensation) — authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — December 18, 2007 and January 8, 2008 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1 ,358,798.85 (vendors) $ 3,128.61 (payroll period ending 1/4/08) $ 260,469.38 (payroll period ending 1/5/08) $1 ,622,396.84 (total) Reports: Mayor's Report: 1 . CC 2008-04 Resolution Establishing the Job Description for the Position of Recreation Manager 2. CC 2008-05 Usage Agreement for Pre-School Space City Council Report: 1 . CC 2008-06 Yorkville Big Band — Use of the Beecher Center 2. PC 2007-24 Kalant Development Rezoning and Development Agreement City Attorney's Report: City Clerk's Report: o: City Treasurer's Report: City Council Meeting Agenda January 22, 2008 Page 3 Reports (con't): City Administrator's Report: 1 . COW 2007-35 Ordinance Authorizing the Execution of an Intergovernmental Agreement between the United City of Yorkville and the Village of Montgomery Finance Director' 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 Repo Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1 . ADM 2007-96 Ordinance Authorizing the City Council to Retain Independent Legislative Counsel 2. ADM 2007-97 Number of Aldermen and Redistricting of Wards Additional Business: Executive Session: 1 . For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06 2. For 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. 3 . For the purchase or lease of real property for the use of the public body. 4. 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 January 22, 2008 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC WORKS! `C_o_ --i–tt-e_e -- ---=------------------------------------------------De p-a r—tm-e–nts----------------------------------L-i-a-i-s-o-n-s----------------------------------------- Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff !ECONOMIC DEVELOPMENT `_ - – -- ----------–-------------'------------------------------------------------------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development ,PUBLIC SAFETY] Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ADMINISTRATION Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 22, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . Presentation to Special Response Team from Citizen's Police Academy Alumni 2. Presentation to Scott Fiandalo and Tom Grimes for graduation from police training 3 . Yorkville Town Center (PC 2007-40) Concept Plan Presentation 4. Kendall County Farm Protection Presentation by Tim Gerk --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ------------------------------............-..................... ----------------------------------------------------------------------- 1 . YMCA Pool Partnership Proposal --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------......------..............--...............-.............-------------------- 1 . ADM 2008-02 Monthly Treasurer' s Report ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2008-05 Resolution Relating to Participation by Elected Officials in IMRF ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . ADM 2007-94 Amended and Restated Governing Ordinance ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2008-03 Ordinance Amending City Code regarding Elected Officials Compensation ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL/CORRECTION: --------------------------------------------------------------------------------------------------------------------------------------- 1 . City Council — December 18, 2007 ❑ Approved ❑ As presented ❑ With corrections 2. City Council — January 8, 2008 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes -------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-04 Resolution Establishing the Job Description for the Position of Recreation Manager ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes .................-----------------------------------------------------------......-..............................---------------------- 2. CC 2008-05 Usage Agreement for Pre-School Space ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: --------------------------------------------------------------------------------------------------------------------------------------- I . CC 2008-06 Yorkville Big Band — Use of the Beecher Center ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2007-24 Kalant Development Rezoning and Development Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY ADMINISTRATOR REPORT: --------------------------------------------------------------------------------------------------------------------------------------- I . COW 2007-35 Ordinance Authorizing the Execution of an Intergovernmental Agreement between the United City of Yorkville and the Village of Montgomery ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: -----------------------------------------------------------..........------------------------------------------------------------------ 1 . ADM 2007-96 Ordinance Authorizing the City Council to Retain Independent Legislative Counsel ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2007-97 Number of Aldermen and Redistricting of Wards ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- `(ED CIP Reviewed By: Agenda Item Number J a 0'^ Legal ❑ PRESENTATION#3 Finance F-1 ES leas T. Engineer ❑ Tracking Number O ��I ri City Administrator F-1 p wed �O Consultant F-1❑ PC 2007-40 �I.E �V Agenda Item Summary Memo Title: Yorkville Town Center Concept Plan Meeting and Date: City Council—January 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: E C E IR W E 0 DEC 3 12007 *'o CIP COMMUNITY OLVELOPMENT a2 ° United City of Yorkville DEPARTMENT 800 Game Farm Road Yorkville, Illinois 60560 Jz° Telephone: 630-553 -4350 Fax: 630-553-7575 PC # 9N001 — 4 'J APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW PLEASE CIRCLE UNDERLYINGTYPE OF REQUEST: Annexation & Zoning Conce t Plan PUD Amendment 1 '/ Mile Review Development Name: Yorkville Town Center Date of Submission: December 28, 2007 1 . Name of Petitioner(s): Ravcorp, Inc. Address: 16345 S Harlem Ave Suite 4 SW Tinley Park, IL 60477 Phone Number: 708-429-6644 Fax Number: 708-429-6686 Email Address: limb(a)ravcorpinc.net Relationship of Petitioner(s) to subject property: [X] Owner p Developer [] Contract Purchaser 2. Name of holder of legal title, if different from #1 : Villas at the Preserve/Ravcorp, Inc. If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: 10312 Rt. 71 Yorkville, IL 60560 114 miles west of the intersection of state roads 47 & 71 on the south side of Rt. 71 b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 23.95 Acres d). Kendall County Parcel Number(s) of property: 05-08-201 -002 05-05-400-010 e). Current Zoning Classification: Yorkville R-2 Duplex Two-Family Residence PUD District f). Zoning Classification Sought: Yorkville B-3 Highway Business g). Is this property within City limits? X Yes No, requesting annexation (If no is checked, is the property contiguous with existing City boundaries? Yes No) 4. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Tony Graff Graff Management & Development LLC. 1334 Walsh Dr. Yorkville, IL 60560 Phone # 630-689-9217 Fax # 630-553-3270 e-mail : graffmd(a)aol.com Attorney: Name: Schain Burney Ross & Citron Ltd. Attn: Robert Kenny Address: 222 N LaSalle St. Suite 1910 Chicago, IL 60601 Phone Number: 312-332-0200 Fax Number: 312-332-4514 Email Address: rkenny(a).schainlaw.com Engineer: Name: MeritCorp PC Attn: James Meier Address: 20 South Main St. Oswego IL 60543 Phone Number: 630-554-6655 Fax Number: 630-554-7788 Email Address: info(a,)merit-corp.com Land Planner: Name: MeritCorp PC Attn: James Meier Address: 20 South Main St. Oswego IL 60543 Phone Number: 630-554-6655 Fax Number: 630-554-7788 Email Address: info(a)merit-corp.com 5. If 1 '/z Mile County Review, what is county zoning currently? Requested Zoning: Zoning of surrounding parcels: North: South: East: West: 6. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description . b. 15 copies each of the application, proposed drawings, location map, site plan are needed to be scheduled for the staff review meeting. c. Appropriate filing fee (Please refer to Page 4 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), proposed drawings, location map, and site plan. For the Plan Commission Meeting, an additional submittal is need as follows: d. Concept Plan: 35 sets folded to fit in a 10" x 13" envelope e. 35 copies of the application with legal description. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: QeneAnheC a6O :7 Petit r s ig ature: Subscribed and sworn to before me t ' day of Of?P mbLC 200 1 Notary 96al " OFF AL SHERRRE MARROTTA NOTARY IC, STATE OF ILLMNNS THIS APPLICATION MUST BE NOTARIZED. FUSI. MY COMMISSION EX111RES 9.17-2011 CONCEPT PLAN and COUNTY MILE AND ONE-HALF REVIEW PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and concept plan as described by the United City of Yorkville Subdivision Ordinance meeting the checklist of items to be included in a concept plan (see checklist attached). *Fees for all concept plans excluding 1 % Mile Review are as follows: Engineering Fees of $500 are due upon submittal of the concept plan, with the balance due when the proposed preliminary plan is submitted. Fees for 1 '/z Mile Review: $250 For Concept Plan Review: Step 2: Staff meeting: Within two weeks of an accepted application, a staff meeting (City Administrator, Community Development Director, Deputy Clerk) will be held to review plan . Step 3: Park Board Meeting: Developments with a residential component must present their plan to the Park Board at their Park Planning Meeting, which is the 4th Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: Petitioner then presents their plan at the scheduled Plan Commission meeting, which will involve an informal public comment session after the presentation. Plan Commission Meetings are held the 2nd Wednesday of each month at 7:00 p.m. in the City Council Chambers, 800 Game Farm Road. Step 5: Committee of the Whole: Petitioner then presents their plan to the Committee of the Whole (Mayor and all Aldermen). The Committee of the Whole meets the third Tuesday of the month at 7:00 p.m . in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. To begin the next step in the development process, you will be required to submit an additional application specific to your request. For County Mile and One-Half Review: Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m . in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m . at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m . in the Council Chambers at City Hall . The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and Community Development Director. Step 5: Economic Development Committee and Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m . in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m . in the Council Chambers at City Hall. This is where all City Council voting takes place. UNITED CITY OF YORKVILLE CONCEPT PLAN APPLICATION CHECKLIST This checklist is in accordance with our Subdivision Ordinance & Standard Specifications No. 2000-02, adopted 3-9-00. Copies available upon request. Section 6.00 — REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS: 6.01 .01 CONCEPT PLAN The Concept Plan may be done free hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1 " = 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1 . Name & Address of the owner or subdivider. 2. North arrow and scale. 3. Approximate dimensions and area of parcel . 4. Topography — not greater than 10 foot contour intervals such as can be obtained from USGS maps. 5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control. 6. Number of dwelling units and gross density. 7. Minimum and average lot sizes. 8. Gross area. 9. For multiple-family, commercial and industrial areas, show potential (may be an exhibit): a. location of buildings. b. approximate dimensions and area of site. c. buffer zones (identify and label). 6.01 .02 Existing Conditions: Presence of any of the following shall be shown on the sketch plan or an additional sheet: 1 . Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features. 2. Location and direction of all water courses, drainage ways, and areas subject to flooding. 3. Location of existing storm drains, inlets and outfalls. 4. Existing buildings. 5. Existing utilities and utilities proposed for extension. 6. Existing streets. 6.01 .03 Location Map: A small scale map or sketch of the general area showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. IRA 16345 S. Harlem Avenue, Suite 4-S.W. • Tinley Park, IL 60477 Phone (708) 429-6644 Fax (708) 429-6686 EXHIBIT A Legal Description of Property THAT PART OF THE SOUTHEAST '/ OF SECTION 5 AND THAT PART OF THE NORTHEAST '/a OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8 ; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3 , 1870; THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71 ; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS COPYRIGHT©2007 SCALE: 1 "or PC CONCEPT PLAN SCALE: 1 "= f100 0' DRAWN BY: SMD NORTH CHECKEDBY: JPM SEAL j EXPIRES 11/30/08 1mwn mo 301ANCFAaE9YR>•fl � J Dy ZR � 000 62� LLLLLL 2y }D ! G�2G� 1 sOEnEfuU ,� DNF_ U 6.D00 SF GROCERY a1.a606F RETAILUNDER COFRORUCTON EYJSTINGLIGX2OACCEa G ® ®® @0 ®® ®® ®® ®® ®® u€ RANK bl ° o � In .F mn,man to (0 E §z ay ° LL 25AHR ' `t\ ExlmrvG Learn. EE O a NDDDrvAEDa V � ry OURN T.F. G0.4P ACEL DEl ONAREAI C f. ry 2 I.17OT••G•• CN OAG NEf 3 AC.NEf 1.2Ow ET I' ` W N O J GASSTAnON 51 U) OVROAAC g.. OIGSANA.. O y LI2ACNGT LO6 AC.NEf O3ACLK D.9 ET Z_ 'fVtJ-11 1.23 PC.NET L J `', LjPROPOSED RDFD9ED91GNAG Z w aJ 0 6 rY Z U F PONGUGHIEDINFERSECIRON `O WA�W REEN6 PROJECTNO. M07101 CONCEPT PLAN NOTES: G D _ SHEEI' NO. 1 � 1 ----` m T J y .� OOh% 9L`h NI NE PETTL l \ CHECKED BY JPM cx sr Ne LoNTCO.ars 4cP° ( J 40A 1 — NE. ~ O opNNTIaN.P� l i oseO5 cn L — —. L 3-_, I !' < < �m _ Lx ,`�0 p C/ y Reviewed By: Agenda Item Number ♦ 2 F O J 4 , s n Legal ❑ PUBLIC HEARING#1 ESL Finance F1 1836 1 _ Engineer ❑ City Administrator El Tracking Number S1 �O Consultant ❑ LLE `�♦' Agenda Item Summary Memo Title: YMCA Pool Partnership Proposal Meeting and Date: City Council—January 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: December 11, 2007 Action Taken: Presentation to EDC Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle Parks and Recreation Name Department Agenda Item Notes: fp: PARKS A RECREATION Yorkville Parks & Recreation Dept. 201 West Hydraulic Street - Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: recreation @yorkville.1l.us June 8, 2007 Mr. Andrew Bobbitt, Executive Director Fox Valley Family YMCA 3875 Eldamain Rd. Plano, It. 60545 Dear Andrew, 1 am writing to inform you of the discussion among Park Board members at the May 10, 2007 Park Board meeting concerning the proposed YMCA/City partnership. In doing so, I will try to clarify the conclusion that we have made concerning a joint venture to construct an indoor recreational poollwater play area at the YMCA's East Branch, on Kennedy Road in Yorkville. That conclusion is to not recommend going forth with the partnership. First, the Park Board collectively, and I personally, appreciate the discussions we have held over the past several months concerning a possible YMCA/City partnership. When you visited a Park Board meeting late last fall, the Park Board encouraged us to "keep talking," and at the same time began to consider both pros and cons of the partnership. Secondly, the Board and staff do recognize there are potential benefits in a partnership endeavor as described in the partnership proposal that you developed. However, present circumstances exist that we believe make the proposed YMCA/City partnership to construct the pool impractical. First is the cost. Research that you and I conducted generated preliminary cost projections from architectural firms ranging from 2.5 million dollars to eight million dollars. We are probably closer by suggesting a range in the middle, from four to six million dollars. While partnership discussions haven't specked on the split, it is fairly accurate to say the City would need to contribute two to three million dollars, or more. It is my understanding from the City's Finance Director and financial consulting firm that the ability of the City to issue bonds is very limited, if not impossible, at this time and in the near future. You have raised the question about a referendum. The Park Board's position on that direction is that there are multiple facility needs in the City and passing a referendum is a major undertaking, unlikely to be done on a frequent basis. it could be more strategic and desirable for the focus of a referendum to be directed toward several facility needs and not just a single one. The Park Board has evaluated other projects that have been City priorities for a number of years that it believes are higher than an indoor pool at this time. Two that I have mentioned in earlier discussions with you are the City's commitment to 2 lease and develop an eighty acre portion of the Hoover property as a City park and the City's need for the construction of a Parks/Public Works facility. In addition, whereas the pool is a high priority for the YMCA because of the enhancements it brings to its membership, a gymnasium and meeting rooms rank higher in priority for the City. Presently there is limited indoor recreational programming space that the City owns. Another concern for the Park Board is whether the extent of benefits derived by the City is an adequate return for such a substantial investment. Should the pool be built in a later phase without City funds, the City may find it is more cost effective to simply rent time from the YMCA on a periodic basis to provide swimming to City residents who are non-YMCA members. Another main issue is that the YMCA timetable to move forward with its plan does not necessarily parallel the City's timetable. We have understood that the YMCA wanted to know of the City s commitment to the proposal by Spring/Summer of 2007. However, the Parks and Recreation Department has just begun the process to update its Master Plan which includes a new community survey, the last survey being completed in 2002. There is the desire on the part of the Park Board to complete these projects prior to committing to a partnership of this magnitude. The survey is scheduled to be completed by September and the Master Plan by early 2008. In conclusion, the main difficulties in the partnership proposal to construct an indoor pool center on financial issues, City priorities, and differing timetables. However, though the City was not to participate in an effort to construct the pool, there still remain potential cooperative projects between our organizations that can be a benefit to the community. Bridge Park and its open space and new lighted ball playing facilities are directly across Kennedy Ave. Also the new Y Branch is within a short walk from a nine acre Grande Reserve neighborhood park site that will include a disc golf facility. The recreational opportunities between our organizations are numerous. Finally, given the conclusion of the Park Board to not recommend a partnership to construct an indoor pool, and based on recent discussions with you, I understand it is your intent to take this issue directly to City Council. We understand your reasoning to do that and would ask that you let me know when you anticipate appearing before the Council, so that I may inform my board. To be as thorough in my explanation as possible concerning the discussion of the Park Board, I am attaching a list of concerns as they were discussed at the meeting. Please contact me if you have further questions or concerns. Thank you. Sincerely, D e Mogle Director of Parks and Recreation CC: Park Board 3 YMCA/CITY PARTNERSHIP PROPOSAL FOR CONSTRUCTION OF INDOOR SWIMMING/RECREATIONAL POOL Park Board's Concerns • PB has a larger vision to include more than just an indoor pool. Need for a full service recreation center that can be operated by the City. • PB has discussed possible availability of an existing structure in the City for a recreation facility with existing auditorium and program space when the building is vacated in 2 to 4 years. Concerned that City may need resources for that direction since the timing of their vacating could be dose to the completion of YMCA. • City resources, available debt is very limited. A high priority is a parks maintenance/public works building ($5,000,000 plus). • Are nearing the time of a major park development project for that portion of the Hoover property that will be leased to the City. To include athletic and outdoor recreation facilities. • For the City's substantial financial involvement (potentially $2,500,000 or more) the return would be allowing non-YMCA member City of Yorkville residents to swim and participate in pool programs at the member price vs. non member price. Is that the best use of such a sizable sum (question of cost/benefit ratio) in light of other priorities? • For the amount of use by City would it be more practical to buy time from the YMCA at regular rental rate. • Completing our new community survey by September 2007 may reveal levels of interest different than five years ago. • Indoor Swimming Pool is a higher priority to the YMCA than it is to the City Parks and Recreation Department because of the enhancements to its membership. Gym/Indoor programming space operated by the City is a higher priority for City Parks and Recreation, because we are at the mercy of the owners of leased or loaned facilities that we now use. • YMCA is under some deadlines that may not parallel Parks and Recreation timing. Parks and Recreation is on course to complete a new Community Survey by September 2007 and Master Plan and by early 2008. • While we should seek ways to work together in cooperation for the community's benefit, it is a fact that we are competing agencies, with differing priorities and philosophies. 618/07 Y We build strong kids,strong Fox Valley Family YMCA families,strong communities August 15, 2007 Mayor Valerie Burd United City of Yorkville t- 800 Game Farm Road Yorkville,IL 60560 Dear Mayor Burd, On behalf of the Fox Valley Family YMCA, 1 would like the opportunity to formally present a brief outline of the enclosed proposal for an indoor pool partnership between our YMCA and the United City of Yorkville at a future city counsel meeting. With our new East Branch YMCA proposed for the corner of Mill Road and Kennedy Road, we are excited about our future in Yorkville and the opportunities it will make available to its residents! hind Regards, Andrew Bobbitt Executive Director Enclosure Cc: Mr. Jason Leslie,Alderman Ward 1 Mr. Wally Werderich,Alderman Ward i Mr. Arden Joseph Plocher,Alderman Ward 2 Mr. Gary Golinski,Alderman Ward 2 Mr. Marty Munns,Alderman Ward 3 Ms. Robyn Sutcliff,Alderwoman Ward 3 Mr.Joseph Besco,Alderman Ward 4 Ms. Rose Spears,Alderwoman Ward 4 Central Branch—3875 Eldamain Road—Plano,IL 60545—630-552-4100—Fax 630-552-9623 West Branch--707 S. Main Street—Sandwich,IL 60548—815.786-9998—Fax 815-786-2315 East Branch—Mill Rd.c$Kennedy Rd.—Yorkville,IL 60560—Coming summer oF2009! www.foxvaileyymca.org Q Fox Valley Family YMCA ® east B Partnership Proposal for the United City Of Yorkville tat I IL E vox _ r _ o��TC � "We build strong kids, strongfa dies, strong communities. yY � YMCA ® ®��iilll►�� M son C A R 1 N t "To put Christian principles, into YMCA 0 Cbaracter _ practice through pro y,ae- ,shat Development ,build a hea/thy spir°it� mind, and- body for all, " Park and Recreabon Board Hlossloon ""To act in unison with the United City of 'y0RKv10-F Yorkville goals and to enhance the recreation opportunities for the residents. PARKig & RECREATION 4.4 acre donation of Land from MPI, LLC VIM p_ two 40,000 square foot facility P Will consist of a fitness center, aerobics room, kids zone, multi-purpose rooms, preschool room, and locker roorns r $$ w ♦ ii a T , % - - 11 . r Y� , , s 4 f • Phase 2 IH consist oY a warrn watery zero-depth family recreational instructional pool _--_ � t — F s Phase 3 Will consist of a 1 , b fUH ccolu t indoor gymnasILA i 15 Full Court Z�krruyasiuis Top three facilities and amenities desired by Yorkville residents, according to the 2003 Parrs and Recreatiop, Master Plan L) Outdoor Aquatics Center 2®) Indoor Po o8 3®) Multi-purpose rol{rn Indoor Basic Pool Gymnasium Multipurpose Rooms Outdoor Aquatics Center Outdoor Basic Pool Picnic Shelter U 2.0 2. 1 2.2 2.4 2.5 2.0 2.7 2.8 2.9 3.0 Mean Rating (4 is highest) Meetings, Committees past partnerships City of Yorkville Jason Leslie Debbie Horaz Dave Mogle YMCA Becky Morphey Stan Free Andrew Bobbitt ® l the tollowmingU • Outdoor Aquatics Center g - Raging Waters �'' • Fitness Center & Multi-purpose rooms Q - Fox Valley Family YMCA • Indoor Pool - United City of Yorkville and the Fox Valley Family YMCA Li Other dibes th at have partnered wulth YMCAs ii " `F �, The YMCA's Gig Harbor Aquatic Center just got bigger! Thanks to a collaboration with the PenMet Park District and the City of Gig Harbor, the YMCA of Tacoma- Pierce County expanded its construction plans to include an aquatic Complex. The West Family YMCA and Boise City Aquatic Center was built in 1995. This facility is a unique partnership between the YMCA and the City of Boise. The Aquatic Center is owned by the City and is operated by the YMCA Amenities Swimming., 50 meter swimming pool, training pool, 2 water slides, kiddie pool with slides and other water toys, hydrotherapy pool Benefits to Yorkville Residents Discounted aquatic center usage as was done with the outdoor pool Residents pay same price as YMCA members for all aquae icy, programs P '12 Primary Funding � l Per Kelly Kost of Chapman LILP ThroxAgh an alternE'.T' - , g bujdaelf' over . ,Gars Would not count towards the city debt limit EST Neither the YMCA or the City can afford to both build and run a pool of this kind . . . "Teamwork divides the task and doubles the success. " ti Orrin Woodward " The whole is greater than the sum of its parts. " 'a Dr. Fussell L. Ackoff 14 is give Y a r!,'<_v' � fb residerof.],,.., IIII the poObuev// wao� aind Is_ a"re"4 C/ Reviewed By: Agenda Item Number J` Legal ❑ li EST. 1836 Finance ❑ Engineer ❑ Tracking Number 0 City Administrator F-1 p �O Consultant ❑ ADM 2008-02 j4LE X El Agenda Item Summary Memo Title: Monthly Treasurer's Report for November 2007 Meeting and Date: City Council—January 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of November 30, 2007 FY FY Beginning November November Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General * 41709,557 620,572 1,742,489 3,587,640 7,797,182 19,378,752 9,322,011 19,378,752 15 Motor Fuel Tax * 553,131 45,705 33,261 565,574 192,289 679,652 106,008 679,652 16 Municipal Building (394,324) 28, 100 (2,113) (364,112) 785350 409,000 166,355 4097000 20 PD Capital * 264,869 51346 46,280 223,936 87,431 338,648 92,869 338,648 21 PW Capital 745,210 12,550 0 757,760 262,266 865,000 24,850 8657000 22 Parks & Rec Equip Capital * 73, 193 0 326 72,868 33,300 180,000 66,635 180,000 37 Sanitary Sewer Improvement 5,323,601 48,533 (1,244) 5,373,377 677,979 7, 180,236 692,125 7, 180,236 41 Water Improvement Exp * (708,167) 117,440 63,941 (654,668) 11455,174 65887,516 637,466 6,887,516 42 Debt Service 577,934 102,585 167575.00 663,945 1,731,292 2,600,872 966,781 2,6001872 51 Water 360,450 69,306 108,313 321,443 1,229,743 1 ,754,683 908,300 - 1,754,683 52 Sewer 323,177 15, 166 22,732 315,611 486,865 769,000 171,254 769,000 72 Land Cash (189,483) 19128 149,639 (337,994) 200,866 11268,700 287,577 11268,700 73 Land Acquisition 50,000 - 1,000 49,000 - 50,000 1,000 507000 79 Parks & Recreation * 95,457 126,833 143,701 78,589 1,033,223 1,630,642 17009,774 1 ,630,642 82 Library * 427,748 442,331 144,472 725,607 771,947 1,308,169 755,989 1 ,308, 169 85 Fox Industrial 227,958 10,522 695186.60 1695294 159,935 128,500 783194 128,500 87 Countryside TIF Project 2,901,226 15,885 717523.75 2,845,587 70,544 3,075,000 144,083 3,0755000 88 Downtown TIF 20,346 6,547.27 288 26,606 32,607 - 6,001 - 95 Trust & Agency 733,874 24,969 2185049. 12 540,794 17808,465 - 15267,671 - Totals 16,095,756 11693,519 2,828,418 14,960,856 18,109,457 48,504,370 16,704,943 48,504,370 As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detaile�-herein. Full detail information is available in the Finance Department William Powell, Treasurer Fund Balance Reserve * Beginning Balance adjusted to reflect entries posted to period I of Fiscal Year 2008 General Fund 22.37 Water O 18.32% Sewer Maintenance 41.04% Combined Fund Balance 22.80% Prepared by: Jennifer Milewski-Sr Accounting Clerk `(,deo C/).r Reviewed By: J= 0 Le al ❑ City Council g ESLe 1996 Finance F] Il" Engineer ❑ 0 W City Administrator F] Agenda Item Tracking Number Consultant El f°•i 'C"� ❑ City Council Agenda Item Summary Memo Title: Elected Officials IMRF Participation City Council/ Committee of the Whole Date: City Council 1/22/08 Synopsis: Attached is a memo previously distributed in November detailing the steps that will need to be completed to allow elected officials to buy back previous service credit from IMRF. The draft resolution is included which will need to be approved. It is the Administration Committee recommendation to approve. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Denise Kasper Human Resources Manager Name Agenda Item Notes: `,�tiD C/TY Memorandum To: Brendan Mclaughlin, City Administrator EST. `� 1836 From: Denise Kasper, Human Resources Manager 09 Ly � C� CC: Date: November 5, 2007 Subject: IMRF Contributions for Elected Officials <LE \\. I had been asked by Alderman Munns to research the possibility of elected officials buying back service time from IMRF. As of March 13, 2007 a resolution was passed allowing elected officials to participate in IMRF. I have attached a copy of the resolution. As the resolution stands today elected officials are not able to buy back any time prior to May 1 , 2007 (Date Position Became Qualified). If elected officials collectively choose to explore this as an option a new resolution would need to be adopted with an updated qualifying date. IMRF standards only allow elected officials to buyback a max of 50 month of service credit. In order for elected officials to buy back service time prior to May 1 , 2007 a new resolution would need to be passed with a qualifying date of March 1 , 2003 . Please let me know if you need further information related to this matter. A RESOLUTION RELATING TO PARTICIPATION BY ELECTED OFFICIALS IN THE ILLINOIS MUNICIPAL RETIREMENT FUND IMRF Form 6.64 (Rev. 11 /2004) (Income tax information can be found on the reverse side of this resolution) PLEASE ENTER Employer IMRF I.D. Number 00165 RESOLUTION Number WHEREAS, the United City of Yorkville EMPLOYER NAME is a participant in the Illinois Municipal Retirement Fund; and WHEREAS, elected officials may participate in the Illinois Municipal Retirement Fund if they are in positions normally requiring performance of duty for 1000 hours or more per year; and (600 OR 1 ,000) WHEREAS, this governing body can determine what the normal annual hourly requirements of its elected officials are, and should make such determination for the guidance and direction of the Board of Trustees of the Illinois Municipal Retirement Fund; NOW THEREFORE BE IT RESOLVED that the City Council BOARD, COUNCIL, ETC. finds the following elected positions qualify for membership in IMRF. TITLE OF ELECTED POSITION DATE POSITION BECAME QUALIFIED Mayor May 1 , 2007 Alderman May 1 , 2007 City Clerk May 11 2007 Treasurer May 1 , 2007 CERTIFICATION l Jackie Milschewski the City Clerk NAME CLERK OR SECRETARY OF THE BOARD of the United City of Yorkville of the County of Kendall EMPLOYER NAME COUNTY State of Illinois, do hereby certify that I am keeper of its books and records and that the foregoing is a true and correct copy of a resolution duly adopted by its City Council at a meeting duly BOARD, COUNCIL, etc. convened and held on the day of, ��o� 20 01 SEAL Mas= k9jLERK O ECRETARY OF THE BOARD Illinois Municipal Retirement Fund Suite 500, 2211 York Road, Oak Brook Illinois 60523-2374 630/368.1010 IMRFForm6.64 (Rev. 11/2004) Service Representatives 1- 800-ASK-IMRF (1-800-275-4673) A RESOLUTION RELATING TO PARTICIPATION BY ELECTED OFFICIALS IN THE ILLINOIS MUNICIPAL RETIREMENT FUND IMRF Form 6.64 (Rev. 11/2004) (Income tax information can be found on the reverse side of this resolution) PLEASE ENTER Employer IMRF I.D. Number 00165 RESOLUTION Number WHEREAS, the United City of Yorkville EMPLOYER NAME is a participant in the Illinois Municipal Retirement Fund; and WHEREAS, elected officials may participate in the Illinois Municipal Retirement Fund if they are in positions normally requiring performance of duty for 10 0 0 hours or more per year; and (600 OR 1 ,000) WHEREAS, this governing body can determine what the normal annual hourly requirements of its elected officials are, and should make such determination for the guidance and direction of the Board of Trustees of the Illinois Municipal Retirement Fund; NOW THEREFORE BE IT RESOLVED that the City Council BOARD, COUNCIL, ETC. finds the following elected positions qualify for membership in IMRF. TITLE OF ELECTED POSITION DATE POSITION BECAME QUALIFIED Mayor March 1 , 2003 alderman March 1 , 2003 r ; ty Clark March 1r 2nn '3 TreaG» rer March 1 , 2003 CERTIFICATION I, Jackie Milschewski the City_ Clerk NAME CLERK OR SECRETARY OF THE BOARD ofthe United City of Yorkville oftheCountyof Kendall , EMPLOYER NAME COUNTY State of Illinois, do hereby certify that I am keeper of its books and records and that the foregoing is a true and correct copy of a resolution duly adopted by its Ci f- )7 rnlinri 1 at a meeting duly BOARD, COUNCIL, etc. convened and held on the day of, 20 SEAL CLERK OR SECRETARY OF THE BOARD Illinois Municipal Retirement Fund Suite 500, 2211 York Road, Oak Brook Illinois 60523.2374 6301368-1010 IMRF Form 6.64 (Rev. 11 /2004) Service Representatives 1- 800-ASK-IMRF (1-800-275-4673) C/p` Reviewed By: Agenda Item Number J= P r Legal ❑ l #k3 Finance F1 ES ig3s T. Engineer El Tracking Number 0 ! rl City Administrator ❑ Z1 ^arm �O Consultant ❑ ADM 2007-94 LE I Agenda Item Summary Memo Title: Amended and Restated Governing Ordinance Meeting and Date: City Council—January 22,2008 Synopsis: Current Governing Ordinance needs to be revised to reflect new meeting structure. Council Action Previously Taken: Date of Action: Admin. 1/10/08 Action Taken: Forwarded to City Council Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: See attached memo. Cary s Memorandum EST., ` �,, leas To: City Council 04 From: Meghan Gehr, Administrative Assistant C ® rnexel p CC: Brendan McLaughlin, City Administrator 9 s°° Date: January 18, 2008 Subject: Governing Ordinance Revisions At the December 18, 2007 City Council meeting, the decision was made to eliminate the Committee of the Whole from the meeting structure. Revisions to reflect that change were made to the current Governing Ordinance and were approved by the Administration Committee on January 10, 2008. Attached is a red-line version of the current Governing Ordinance, in which all mention of Committee of the Whole has been eliminated. I have also deleted several points in which the number of times and the amount of time in which an alderman or Mayor may speak on a subject is limited. Because items will be moving directly from Committees to City Council, it was the consensus that limitations on discussion be removed to allow for a more thorough dialogue (than is currently allowed) among all City Council members before voting on an item. Because only three Aldermen are required for a quorum, it was also recommended by the Administration Committee that a change be made to allow items to move out of Committee with a majority vote (2- 1 or 3 - 1 ) of approval, rather than a vote of approval by three aldermen, as is currently stated. 4 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 0, 08 --------------------------------- -- Deleted: 2007 Amended and Restated Governing Ordinance, United City of Yorkville Addressing. Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville fast 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, and on July 24, 2007 as Ordinance 2007-53 and intends -------- Deleted: Won 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 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; Therefore, be it ordained as follows: 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 refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manner appropriate for the function. i 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 ILCE 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. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 46 Tuesday's of each momb ,at 7:00 n.m. in the City Hall Council Chambers. Deletetl: immediately fnunwing the conclusion of ._.__ _____.________-__.______________._.____ the Committee of the Whole meeting 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. 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. 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. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall Deletes: , and time limits have the right to vote to suspend the rules of order (regarding the order of discussior� to___, • Deleted: Shall not speak twice on an item �+.+ p before all other aldermen who wish to speak, to the provide for an open discussion. item have had an opportunity to speak once. No alderman nor mayor shall speak more than mice on any item.4w ______________________ ____________— -_______.._______________________----._. -' Deleted: <�pShall, aRerbeing recognizetl bythe r_________._________ ____________.________________________._..____.. cban, limit his orher remarks to five minutes for the first round;two minutes for the second round. Minutes not used shalt be forfeited: minutes cannot be accumulated.¶ 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 (10`s 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'" Edition) page 41, line 31) J. May, before voting, participate in a special peeting to review nominees that the mayor _ -- o�tetea: oomminee orme wno�e - - --------- 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 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,--------- Deleted: , in keeping with mne limitations 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. . Deleted: shall not avow any aldermen to speak more than twice on any item; shall nor allow accmnulation of minutes that have been forfeited. r______________ -------------------... ...-------------------------._.....__._.________.-_-- Delete* <#>Shall, during debate, limit each E. Shall recognize each alderman wishing to speak to an agenda item m thin, rotating alderman's chance in speak to five minutes the first different sides of the question, pro and con, as much as possible He shalt give time on each agenda item, and two minutes for ------------- --------------- rebuttal. The mayor, if he chooses to state his preference first to an alderman who has placed the item under discussion on the Council's opinion, shall not speak more them five minutes on agenda. the issue.¶ Deleted: , and not allowing anyone alderman to F. Shall insure that any information he makes available to aldermen on an agenda item is s peak oice before all aldermen who wish to speak 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: A. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. ....------- - ------------------------- ;;_.. Deleted: , Deleted: and the committee of the Whole. B. 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. ,..- Deleted: The committee ofthe Whom meeting �___.___ __ _______----------___________________________-__________________.___.' shall include all eight aldermen. C. 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. por the Public Works, Public Safer Administration, and Economic Develo ment . - Deleted: <a>Forme committee of the whole c(m - ----each elect--- Y'-- --shall ----P-- meeting, the chairman shall be the Mayor, and the committees: after each election, the four committee chairmanships shall be vice-chairman shall be me Mayor Pro-Tem.¶ 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. D. Shall control the movement of items from committee agendas to�City Council agendas_ Deleted: con ift a ofthe whole wd Items may not move out of committee but for a vote of approval bye maiority of the_ Deleted: s sldemm auonun present. ---- ----- - E. 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 Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp., Aurora Area Conv. & Tourism Council, Downtown Re-development Public Safety Human Resource Comm., School District, KenCom Administration Metra, Library, Cable Consortium NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: i ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI WALLY WERDERICH JOE PLOCHER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. Q._ -,._ Deleted: 2007 MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. _ _--- Deleted: 2 7 ATTEST: CITY CLERK 0 CIT O T United City of Yorkville EST. IB36 800 Game Farm Road Yorkville, Illinois 60560 o Ali[ y Telephone: 630-553-4350 Fax: 630-553-7575 LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7;00 PM Deletedamme&afety Folion4ng Comminee of ________________________________-------------------- the Whole Date Call to Order: Pledge of Allegiance: Roll Call by Clerk WARD I WARD II WARD III WARD N Jason Leslie Gary Golinski Marty M=s Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetine: Economic Development Committee: Administration Committee Meetine: Public Safety Committee Meeting: Presentations: City Council Meeting Agenda Date Page 2 Public Hearings: Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — <' _ Deleted: MmtmofCommittreoftlm Whole-I Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ (vendors) $ (payroll period ending ) $ (total) Reports: Mayor's Report: City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: City Council Meeting Agenda Date Page 3 Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORKS! Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff CONOMIC DEVELOPMENT: Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development UBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher City Council Meeting Agenda Date Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) 1DAUNISTRATI0 Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski 0 United City of Yorkville 1836 Mayor Pro Tem Policy — Approved 2/22/05 p i 3 N MAYOR PRO TEM. (A) There is created the office of Mayor Pro Tem for the City. (B) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties, but which by law does not create a vacancy in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance, resolution, or motion. Statutory reference: Mayor pro tem, see ILCS Ch. 65, Act 5 § 3. 1 -35-35 `,(E T O CII, Reviewed By: Agenda Item Number 0.c� Legal ❑ EST. Finance F1 1836 Engineer El Tracking Number o T Cit y Administrator ❑ 9 �O Consultant ❑ C a oa 8- 3 <LE Agenda Item Summary Memo Title: Ordinance Amending City Code regarding Elected Officials Compensation Meeting and Date: City Council 1/22/08 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve ordinance and authorize Mayor and City Clerk to execute. Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- ORDINANCE AMENDING TITLE I OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the Illinois Municipal Code, Section 3 . 1 -50- 10 provides: ". . .The salaries that are fixed by ordinance for those officers who hold elective office for a definite term shall neither be increased nor diminished during that term and shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed."; and, WHEREAS, Section 1 -6-5 of Title I of the City Code establishes the compensation of the elected officials as an annual salary plus an additional fee per meeting of the Committee of the Whole; and, WHEREAS, the Mayor and City Council have restructured the schedule for meetings of the City Council, including all committee meetings; and, WHEREAS, in order to maintain the compensation of the elected officials as mandated by the Illinois Municipal Code and as established by Section 1 -6-5 of Title I of the City Code, it is necessary to restructure the calculation of compensation per meeting. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Section 1 -6-5 of Title I of the City Code is hereby amended by deleting said Section 1 -6-5 in its entirety and replacing it with the following: 1-6-5: Salaries: A. Officials, Annual Salaries: 1 . Mayor : $8,500.00 (includes $ 1 ,000.00 liquor control commissioner) plus $ 100.00 for each City Council meeting attended. 2. Aldermen: $3,600.00 (all aldermen) plus $ 100.00 for each City Council meeting attended. 3 . City Clerk: $3 ,600.00 plus $ 100.00 for each City Council meeting attended 4. Treasurer: $3,600.00 plus $ 100.00 for each City Council meeting attended. 5 . Deputy Clerk: $2,900.00. 6. Deputy Treasurer: $2,900.00. Ifthere is a "special " City Council meeting called, there is an additional Thirty-Five Dollars ($35. 00) to the Mayor, City Clerk, Treasurer and each Alderman attending. B . Date of Payment of Municipal Compensation: Elected officials shall be paid on the following days of each fiscal year: 1 . April 30 (quarterly payment for 1 /4 year salary). 2. July 31 (quarterly payment for 1/4 year salary). 3 . October 31 (quarterly payment for 1 /4 year salary). 4. January 31 (quarterly payment for 1/4 year salary). This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. 2 ADOPTED this day of 2008, pursuant to roll call vote as follows: ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008 . Mayor Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _ day of A.D. 2008. Attest: City Clerk yorkvillddflk Cord 3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN IS HELD IN THE CITY COUNCIL CHAMBERS, T 800 GAME FARM ROAD ON TUESDAY DECEMBER 18 2007 Mayor Burd called the meeting to order at 9:00 P.M and led the Council in the Pledge of Allegiance. ROLLCALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward Golinski Present Plocher Absent Ward III Munns Present Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. 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 Burd entertained a motion to table Item #2 of the consent agenda - PC 2007-38 Menard's 6" Addition Preliminary/Final Plat be tabled until the second meeting in January. So moved by Alderman Mums; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-0 Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-aye, Mums-aye, Spears-aye Mayor Burd further amended the agenda by moving the following items from the regular agenda to the consent agenda: o PW 2007-182 Well No. 4 Rehabilitation Contract o PS 2007-34 Somonauk Street (Route 47 — Colton) — On-Street Parking Ban o ADM 2007-113 Sunflower Estates SSA 2006-119 Abatement Ordinance o ADM 2007-123 2008-2009 Tax Levy Ordinance Alderman Leslie stated that Alderman Besco called him earlier and asked that Item #I on the consent agenda - PC 2007-36 Ordinance Approving the Rezoning of Certain Property from R-1 to estate District Zoning Classification (Pobol Property) be moved to the regular agenda under the Economic Development Committee Report. Alderman Leslie indicated that Alderman Besco was attending a program for his daughter but hoped to make the meeting later. He asked as a courtesy to him that the item be moved. Alderman Leslie also asked that Item #9 on the consent agenda — CC 2007-20 Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) be moved to the regular agenda under the Economic Development Committee Report. Alderman Spears asked that Item #8 on the consent agenda — CC 2007-19 Ordinance Approving a Settlement Agreement be moved to the regular agenda. Administrator McLaughlin noted that the text in the ordinance does not match with the exhibit. He indicated that this will be cleaned up before the ordinance is codified. Mayor Burd entertained a motion to approve the amendments. So moved by Alderman Golinski; seconded by Alderman Leslie. The Minutes of the Regular Meeting of the City Council — December 18. 2007 — orme 2 Motion approved by a roll call vote. Ayes-6 Nays-0 Golinski-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Werderich-aye COMMITTEE MEETING DATES Public Works Committee To be announced City Hall Conference Room Economic Development Committee To be announced City Hall Council Chambers Administration Committee To be announced City Hall Council Chambers Public Safety Committee To be announced City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Mario Letterle Mario Letterle, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from United City of Yorkville R-1 Residential District to United City of Yorkville A-1 Agricultural District with a Special Use for boarding activity and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 11 acres, located at 4378 Eldamain Road, Plano, Kendall County, Illinois. Mayor Bud entertained a motion to go into public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. Please see attached Report of Proceedings by Lynette Neal, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Burd entertained a motion to close the public hearing. Attorney Orr noted that a motion was not needed to go into or come out of a public hearing. CITIZEN COMMENTS None. CONSENTAGENDA 1. Ordinance 2007-96 —Authorizing the Execution of an Amended and Restated Planned Unit Development Agreement (Blackberry Woods) — authorize Mayor and City Clerk to execute (PC 2007-37) 2. Resolution 2007-60 — Approving 5 Month Extension for Recording Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal-Mart) — authorize Mayor and City Clerk to execute (EDC 200749) 3. Intergovernmental Agreement for Integrated Transportation Plan and Fox River Watershed — approve grant funding match in an amount not to exceed $10,200.00 and authorize Mayor to execute (EDC 2007-50) 4. Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal — authorize Mayor and City Clerk to execute (EDC 2007-52) S. Cable and Video Competition Bill (COW 2007-44) a. Ordinance 2007-97 — Amending Municipal Code by Establishing Standards for the Construction of Facilities on the Rigbts-of-Way — authorize Mayor and City Clerk to execute b. Ordinance 2007-98 — Amending Municipal Code Authorizing a CableNideo Service Provider Fee and Peg Access Fee - authorize Mayor and City Clerk to execute c. Ordinance 2007-99 — Amending Municipal Code Authorizing a Cable and Video Customer Protection law - authorize Mayor and City Clerk to execute 6. Well No. 4 Rehabilitation Contract — award rehabilitation work to Layne-Waster, as presented, in an amount not to exceed$264,886.00 (PW 2007-182) 7. Ordinance 2007-100 — Amending City Code — Title 6 — Traffic, Chapter 2 regarding Parking Restrictions on Somonauk Street (Route 47 — Colton) — authorize Mayor and City Clerk to execute subject to legal and staffreview (PS 2007-34) The Minutes of the Reeular Meetine of the City Council — December 18, 2007 — oaee 3 8. Ordinance 2007-101 — For the Amended Tax Levy and Assessment of Taxes for Fiscal Year beginning May 1, 2008 and ending April 30, 2009 for Special Service Area Number 2006.119 (Sunflower Estates) — and authorize Mayor and City Clerk to execute (ADM 2007-113) 9. Ordinance 2007-102 — For the Levy and Assessment of Taxes for Fiscal Year beginning May 1, 2008 and ending April 30, 2009 — and authorize Mayor and City Clerk to execute (ADM 2007-123) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Golinski; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-6 Nays-0 Leslie-aye, Munns-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that there would be a Comprehensive Plan Citizen Advisory Committee meeting on December 20, 2007 at 5:30 p.m. at the Library. MINDTES FOR APPROVAL A motion was made by Alderman Moons to approve the minutes of the City Council meetings of October 23, 2007 and November 27, 2007, the Special City Council meeting of December 11, 2007 and the Committee of the Whole meeting of November 27, 2007; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board Report dated December 12, 2007 totaling the following amounts: checks in the amount of$2,417,810.92 (vendors); $262,048.13 (payroll period ending 11/24/07); $256,321.22 (payroll period ending 12/8/07); $961 .86 (payroll period ending 12/9/07); for a total of$2,937,142.13; seconded by Alderman Leslie. Alderman Spears asked why there were separate payroll amounts and Administrator McLaughlin explained that two people were missed so accounting did a separate run. Alderman Spears asked for an explanation of the overtime and Administrator McLaughlin explained that it was due to snow removal and watermain breaks. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye, Leslie-aye REPORTS MAYOR'S REPORT Proclamation for National Drunk and Drugged Driving (31d) Prevention Month (CC 2007-21) Mayor Burd read Proclamation for National Drunk and Drugged Driving (3D) Prevention Month (see attached). Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area Which Removes Certain Parcels from the Project Area — (COW 2007-40) Mayor Burd asked the City Attorney to discuss the ordinance. Attorney Orr explained that this is an ordinance in order to permit the mayor to participate in discussions on economic development in the TIF district by removing her property from the designated area. Alderman Golinski asked if a motion and second was needed before discussion could take place. Attorney Orr stated this would be a good idea. Mayor Burd entertained a motion to approve the ordinance. So moved by Alderman Munns; seconded by Alderman Werderich. Alderman Golinski asked that this matter be referred to the Economic Development Committee because it was brought forward to the City Council meeting agenda without any proper debate. He moved that the matter be referred to the Economic Development Committee. The Minutes of the Regular Meeting of the City Council — December 18, Z007 — maee 4 Attorney Orr noted that this is a formality because an elected official cannot participate in any discussion in regard to the TIF if they own property within the TIF boundaries. As alderman, Valerie Burd refrained from any TIF discussions. As mayor, she would like to be able to participate so her property needs to be removed. There is no economic development impact on this. She further explained that whether or not Mayor Bard's property is in the TIF district, as an elected official, the property would not be eligible for assistance. Alderman Golinski stated that he wasn't very familiar with Robert's Rules but he thought that once a motion was made to refer to a committee the debate on the original motion stops. Attorney Orr stated she was not familiar with this and thought there had to be a general consensus to send it back to committee. She felt the matter should be debatable because there may be other members of the Council that may choose to vote on the issue. Alderman Golinski read from the Robert's Rule of Order Chart. Mayor Bird asked if there was a second. Motion to refer to committee seconded by Alderman Spears. Mayor Bard stated that this only pertains to her property and doesn't affect anyone else's. She wishes to remove her property from the TIF and she should be able to do so. She asked the Council to vote to allow her to remove her property so she can become more effective as a mayor when working with people interested in redeveloping property within the TIF district. Alderman Golinski noted that the City Council is under the rules of the Governing Ordinance and he has already spoke twice on the matter which in not allowable. The ordinance allows for a one five minute period for discussion with a two minute period for rebuttal. He noted that none of the other aldermen had spoken on the matter. Alderman Munns agreed procedurally with Alderman Golinski. He stated that the council is limited in the amount time they can discuss a matter at the City Council meeting and he felt this matter should have gone through the proper channels. Mayor Brad asked if be was questioning if she could put something on the agenda and noted that several items have been placed on it without going through committee. Alderman Munns felt that if someone wants to discuss an item they should not have to be bound by time constraints. Alderman Spears agreed that the matter should go through committee and on to the Committee of the Whole so it can be discussed at length. She noted that the ordinance states "whereas the mayor and City Council" and she questioned if the mayor could be party to the document. Attorney Orr stated that technically the document should just say City Council. Alderman Leslie stated he did not have a problem with the matter coming back to the Economic Development Committee. He understood that the motive behind the removal of the mayor's property is so she can be onboard with discussions about the area. He stared that there has been interest in the area and time is ticking. Alderman Werderich asked the mayor what her reasoning is with getting this done now. Mayor Burd stated that Alderman Leslie has had to sit in on meetings because she cannot participate. She stated that this is causing a time lag for her to get involved. Alderman Werderich asked if anything was on the immediate horizon and both Mayor Bard and Alderman Leslie stated there was. Alderman Leslie explained that he and staff have already met with developers. He commented that he did not have a personal need for the matter to go to committee but he wanted to hear the other aldermen's concerns. Alderman Golinski stated that he had a list of questions regarding the matter however this wasn't the proper forum to bring them forward. Alderman Munns asked Attorney Or if Mayor Burd's property is removed now and the area begins to redevelop would there be a conflict with her property being developed or bought. Attorney Orr stated that as long as the property is owned by the mayor there can be no economic development on her property. He asked that once she is no longer mayor, could her property come back into the TIF and Attorney Orr stated that it could. Alderman Sutcliff stated that she supported Attorney Orr's explanation that this is a formality. She felt that the mayor needs to participate in the redevelopment because it doesn't look good for the city not having the mayor involved and the sooner this was done the better. Motion to refer to committee approved by a roll call vote. Ayes-5 Nays-1 Leslie-aye, Sutcliff-nay, Munns-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye The Minutes of the Regnlar Meeting of the City Council — December 18. 2007 — page 5 Montgomery Boundary Agreement COW 2007-35 Administrator McLaughlin reported that he had been in contact with three out of the five property owners between Yorkville and Montgomery. He indicated he would have the results for the Council in January. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Executive Session Attorney Orr noted that she will be requesting a motion to go into executive session. She stated that she would like to use this opportunity to give some background information on Item #8 that was removed from the consent agenda - CC 2007-19 Ordinance Approving a Settlement Agreement. She asked the City Council to withhold discussion on the item until after the executive session she felt they would feel more comfortable in considering it. CITY CLERK'S REPORT No report. CFFY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Meeting Structure and Schedule for 2008 Administrator McLaughlin reported that the meeting schedule for next month has been worked out. City Council meeting will be on the second and fourth Tuesdays of the month. He proposed that the committees would meet on the following Thursdays in the month: Public Works Committee on the first; Administration Committee on the second; Economic Development Committee on the third and Public Safety Committee on the fourth. Alderman Spears asked if this schedule worked for the department heads. Mr. McLaughlin asked those present if this was agreeable and Director Miller was the only one with a slight concern between the Economic Development Committee meeting and Plan Commission meeting however if it poses a problem, Economic Development Committee could switch with the Public Works Committee. FINANCE DERECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Snow Removal and Towing Chief Martin reminded everyone that the police will be ticketing and towing if cars are parked on the streets after a snowfall. He stated that the Snow Ordinance calls for cars to be off the street after 2" of snow and the police will try to locate the owners of the vehicles before they are towed. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNTTY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LLIISON REPORT Metro Mayors' Caucus Mayor Burd reported that she attended the Metropolitan Mayors Caucus meeting in Chicago were there was a presentation by former state comptroller Dawn Clark Netsch and state representative John Fritchey on the pro and cons of the state conducting a constitution convention in the year 2010. There was also discussion on transit funding, a capital bill, streamlining sales tax, TIFs and education funding reform. There was also a presentation about bringing the Olympics to Chicago. The Minutes of the Regular Meeting of the City Council — December 18, 2007 — pane 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT In-Town Road Program - Roadway Change Order #3 (PW 2007-193) A motion was made by Alderman Leslie to approve an increase in an amount not to exceed $14,658.25 and authorize Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-1 Mums-aye, Spears-nay, Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007-103 Approving the Rezoning of Certain Property from R-1 to Estate District Zoning Classification (Pobol Property) (PC 2007-36) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from R-1 to Estate District Zoning Classification (Pobol Property) and authorize Mayor and City Clerk to execute; seconded by Alderman Golinski. Alderman Besco was not present to address the issue he had with the ordinance. Motion approved by a roll call vote. Ayes-6 Nays-0 Sutcliffiaye, Mums-aye, Spears-aye, Werderich-aye, Golinski-aye, Leslie-aye Ordinance 2007-104 Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) (CC 2007.20) A motion was made by Alderman Leslie to approve an Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) and authorize Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Leslie noted that originally it was thought that the parcel was 6 acres however upon surveying the property it is about 4.5 acres. The stated appraised value of the property remained the same. Alderman Spears asked how the purchase was being funded. Administrator McLaughlin explained that the funds are available in the general fund. Alderman Spears asked what would be remaining in the general fund and Mr. McLaughlin stated that currently the fund balance is over 30% of expenditures or above the amount to maintain in the balance per policy. Alderman Leslie also explained that the property is being purchased in installments; it is not a "chunk" of money up front. Alderman Spears was concerned that in the discussion regarding the Zangler property it was stated that the city could not come up with $100,000.00 for the sewer connection. Now, property is being purchased and in thirty days the city will come up with $100,000.00 for the first installment. Mr. McLaughlin stated that the discussion on the Zangler property was not necessarily that the city did not have the funds but rather they were not budgeted for the sewer. He stated that the Council indicated that it was important to get the sanitary sewer installed so staff is finding a way to get it done. Alderman Golinski clarified if the city was pursuing grants to offset the cost. Mr. McLaughlin confirmed that staff is exploring grants. Administrator McLaughlin suggested that the ordinance be approved subject to the correct acreage being placed in the document. Attorney Orr stated it was already changed. Motion approved by a roll call vote. Ayes-5 Nays-1 Mums-aye, Spears-nay, Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-aye, PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — December 18, 2007 — page 7 ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Bard entertained a motion to go into executive session for the purpose of discussing: 1 . The purchase or lease of real property for the use of the public body. 2. For 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 Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Sutcliff--aye, Werderich-aye, Golinski-aye, Leslie-aye, Munns-aye The City Council adjourned into executive session at 9:40 p.m. The City Council returned to regular session at 11 :05 p.m. Mayor Bard entertained a motion to go back into regular session. So moved by Alderman Mums; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-6 Nays-0 Golinski-aye, Leslie-aye, Sutcliff-aye, Mums-aye, Spears-aye, Werderich-aye Ordinance 2007-105 Approving a Settlement Agreement (CC 2007-19) Mayor Burd entertained a motion to approve CC 2007-19 Ordinance Approving a Settlement Agreement. So moved by Alderman Golinski; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-4 Nays-0 Present-2 Leslie-present, Sutcliff-aye, Munns-aye, Spears-present, Werderich-aye, Golinski-aye ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Munns. Motion unanimously approved by a viva voce vote. Meeting adjourned at 11:10 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE CITY COUNCIL REPORT OF PROCEEDINGS taken at the meeting of the City Council for the United City of Yorkville , taken on December 18 , 2007 , at the hour of 9 : 00 p . m . , before Lynette J . Neal , C . S . R . , at the Yorkville City Hall , Yorkville , Illinois . D - 834907 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 2 1 PRESENT : 2 MAYOR VALERIE BURD , Chairman , 3 MS . ROSE ANN SPEARS , Alderman , 4 MR . MARTY MUNNS , Alderman , 5 MR . JASON LESLIE , Alderman , 6 MR . GARY GOLINSKI , Alderman , 7 MS . ROBYN SUTCLIFF , Alderman , 8 MR . WALLY WERDERICH , Alderman , 9 and 10 MR . KATHLEEN ORR , City Attorney . 11 - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 3 1 MAYOR BURD : We do have a public 2 hearing . The petitioner has filed an application 3 with the United City of Yorkville , Kendall County 4 Illinois , requesting annexation to the United City 5 of Yorkville and zoning from the United City of 6 Yorkville , R1 Residential District , the United 7 City of Yorkville A- 1 Agricultural District with a 8 Special Use for boarding activity and for hearing 9 as to annexation agreement of petitioner . The 10 real property consists of approximately 11 acres 11 located at 4378 Eldamain Road , Plano , Kendall 12 County , Illinois . 13 Can I have a motion to go into this 14 public hearing? 15 MR . GOLINSKI : So moved . 16 MS . SPEARS : Second . 17 MAYOR BURD : All in favor? 18 ( Chorus of ayes . ) 19 MAYOR BURD : Opposed? 20 ( No response . ) 21 MR . KRAMER : I don ' t have much of a 22 voice this evening so I will be brief . Dan Kramer 23 on behalf of petitioner . My address is 1107 -A 24 Bridge Street , Yorkville , Illinois . I am an DepoCourt Reporting Service ( 630 ) 983 - 0030 i Page 4 1 attorney licensed to practice law in the state of 2 Illinois and represent Marlo Letterle . This 3 property is 11 acres on the east side of Eldamain 4 Road just south of Fox Hill Development . It has 5 always been used as a small estate home with a 6 barn that houses horses . 7 Frankly , she could board horses 8 under the county and under the City ordinance 9 without any kind of special use , but she does 10 desire to give occasional riding lessons to 11 children . And so when she purchased the property 12 she was uninformed and the lady told her there was 13 a special use . The long and short , there was not . 14 I suggested being bound by the City on two sides 15 that we go ahead and annex . That ' s what we have 16 done . 17 The annexation agreement that ' s in 18 your packet mirrors the conditions that the staff 19 recommended and we received a unanimous vote at 20 the planning commission earlier in the week . We 21 ask for a positive vote when we come before you 22 folks . 23 MR . LESLIE : It will be going to EDC 24 first then? DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 5 1 MR . KRAMER : Correct . 2 MAYOR BURD : Okay . Do we have any 3 questions from anyone in the audience on this 4 issue ? No questions . Do any of the aldermen have 5 any comments or questions ? 6 MR . MUNNS : One . I think it is - - being 7 a neighbor and a resident of Fox Hill and you come 8 out and live in that part of Fox Hill , when you 9 drive around the subdivision , you get to see the 10 horses running around in the summer . I think it 11 is a neat kind of thing . Whatever , as long as we 12 follow whatever the City recommends , it should 13 stay that way . It is a nice piece of property . 14 MR . KRAMER : Thank you , Marty . 15 MS . SUTCLIFF : I tried to read through 16 the material . Isn ' t she plan on leaving it the 17 way it is ? 18 MR . KRAMER : Absolutely , Robyn . At this 19 point she ' s not building any new buildings or 20 parking lots or driveways or anything . She ' s 21 giving some easements to the City for utilities 22 and a lot of things that connect to other areas 23 and donating some land to the county highway 24 department . We did show a possible future site DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 6 1 that if she ever wanted to expand the barn , she 2 can . She would have to go through all the 3 building permit processing through the City , but 4 for the near term no expansion whatsoever , just 5 utilizing what ' s been done there for 20 years . 6 MS . SUTCLIFF : This is A- 1 ? 7 MR . KRAMER : Right now it is in the 8 county as A- 1 and coming into the City as A- 1 9 special use with flex zoning , that she could come 10 back in and subdivide to R- 1 but , again , it would 11 have to go through the whole subdivision process . 12 And there is quite a bit of 13 property that Marty indicated . There is 14 floodplain that should stay undeveloped that 15 should stay as a nice buffer for Fox Hill . 16 MS . SUTCLIFF : Love it . 17 MR . KRAMER : Okay . 18 MAYOR BURD : Okay , any other questions 19 or comments ? No questions . Thank you . 20 MR . KRAMER : Thank you . 21 MAYOR BURD : I move to close the public 22 hearing . 23 MS . ORR : You don ' t need a motion to 24 close the public hearing . You do not need a DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 7 1 motion to go in and out of a public hearing . The 2 public hearing is published , so going in and out 3 on a vote is not necessary . It is not wrong but 4 it is not necessary . 5 MAYOR BURD : So we are going out of 6 public hearing then . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 8 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J . Neal , 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 3 8 through 7 , inclusive , is a true , correct , and 9 complete transcript of my shorthand notes so taken 10 at the 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 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 9 1 In testimony whereof , I have 2 hereunto set my hand this 16th day of January , 3 A . D . , 2008 . 4 5 6 Lynette J . Neal 7 CSR No . 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depocourt Reporting Service ( 630 ) 983 - 0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVIL E KENDALL COUNTY4 ILLD OKI HELD IN THE CTPY COUNCIL CHAMBERS DRAFT 800 GAME FARM ROAD ON TUESDAY, JANUARY 8, 20089 Mayor Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward Leslie Absent Werderich Present Ward II Golinski Present Plocber Present Ward III Means Absent Sutcliff Present Ward IV Besco Present Spears Present Also present. City Clerk Milschewski, City Treasurer Powell, City Attorney Gagliano, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. 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 Spears asked that Item #5 - IDOT Highway Permit and Resolution — Tuscan Plaza— be removed from the consent agenda and place on the regular agenda under the Public Works Committee Report COMMTTTEE MEETING DATES Public Works Committee 6:00 P.M., Thursday, February 19, 2008 City Hall Conference Room Economic Development Committee 6:00 P.M., Thursday, January 17, 2008 City Hall Council Chambers * Subject to change due to Chamber of Commerce dinner Administration Committee 7:00 P.M., Thursday, January 10, 2008 City Hall Council Chambers Public Safety Committee 6:00 P.M., Thursday, January 24, 2008 City of Yorkville Conference Room * Subject to change PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Heartland Subdivision — Dedication of Dakota Drive — authorize City Clerk and City Administrator to execute (PW 2008-03) 2. Grande Reserve Unit 7 — Plat of Easement Vacation — authorize Mayor and City Clerk to execute (PW 2008-05) The Minutes of the Reeular Meetine of the City Council — January 8. 2008 — oaee 2 3. Kendallwood Estates — Sitework Letter of Credit Reduction #I — approve reduction of Castle Bank Letter of Credit No. 3000221071-901 in an amount not to exceed$2,219,873.97 subject to verification that the developer has no outstanding debts owed to city (PW 2008-16) 4. Betzwiser Development — Sitework Letter of Credit Expiration — authorize City Clerk to call letter of credit if not renewed prior to April 18, 2008 (P W 2008-07) 5. Committee Meeting Schedule Changes — approve change to Committee meeting schedules, as presented, and authorize City Clerk to distribute a revised 2008 meeting schedule (CC 2008-0]) Mayor Bard entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-0 Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting was scheduled for January 9, 2008 at 7:00 p.m.; the Zoning Board of Appeal meeting was cancelled due to lack of agenda items; the next Comprehensive Plan Citizen Advisory Committee meeting was scheduled for January 23, 2008 at 5:30 p.m. and the next Plan Commission Consortium meeting will be January 24, 2008 at 7:00 p.m. at the library where the topic will be Historic Preservation. MINUTES FOR APPROVAL A motion was made by Alderman Golinski to approve the minutes of the City Council meetings of November 13, 2007 and the Committee of the Whole meetings of November 13, 2007 and December 18, 2007; seconded by Alderman Besco. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Golinski to approve the paying of the bills listed on the Detailed Board Report dated January 3, 2008 totaling the following amounts: checks in the amount of$793,931 .39 (vendors); $260,905.18 (payroll period ending 12/8/07); for a total of$1,054,836.57; seconded by Alderman Besco. Alderman Spears questioned the following items: o Page 12 — Gardiner, Koch & Weisberg — Huss matter in the amount of $2153.50. Administrator McLaughlin explained that the bill was for legal services for litigation against the city. Alderman Spears also questioned the bill for General Legal matters under the same item in the amount of$234.00. Administrator McLaughlin stated he was not exactly sure what this was for because he had spoken to the attorneys on several different issues. o Page 15 — Ice Miller — October Legal Matters in the amount of$30,853.33. Alderman Spears questioned what comprised this amount. Administrator McLaughlin stated that there was an itemized bill for this and Alderman Spears requested a copy of it. Mayor Burd stated that this bill was actually for several months of services from former City Attorney Roth. o Page 37 — Schoppe Design — Community Development/Scbool site in the amount of$4,802.20. Director Miller explained that this was the final installment for contracted services for a project that began in early 2007 since the project has been finished. Motion approved by a roll call vote. Ayes-6 Nays-0 Plocher-aye, Spears-aye, Sutcliff=aye, Werderich-aye, Besco-aye, Golinski-aye REPORTS MAYOR'S REPORT Resolution 2008-01 Support for the Fermilab Mission and Request for Supplemental Funding Appropriation (CC 2008-02) Mayor Bard reported that she received a letter dated December 26, 2007 from the mayors of Batavia and Aurora regarding government funding cuts affecting Fermilab which asked Yorkville to join in support of continued funding. She read the resolution and entertained a motion to approve the resolution of support for the Fermilab Mission and Request for Supplemental Funding Appropriation and authorize Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Werderich. The Minutes of the Reeular Meetine of the City Council — January 8. 2008 — maee 3 Alderman Besco asked who would get copies of the resolution and Mayor Burd indicated that it would be sent to Illinois senators and congressmen. Administrator McLaughlin noted that it is critical to send it to all the senators. Alderman Golinski suggested that the resolution be sent to any politician who has an address as the funding cuts have already been approved. He further commented that he was going to abstain from the vote as he is employed by Fermilab for the last eighteen. He then read a statement to the Council (see attached). Alderman Spears suggested that citizens should review how current candidates have voted on this matter and then vote based on this information. Motion approved by a roll call vote. Ayes-5 Nays-0 Abstain-1 Sutcliff-aye, Spears-aye, Plocber-aye, Werderich-aye, Golinski-abstain, Besco-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOWS REPORT Administrator McLaughlin reported on the following items: o The traffic signals at Routes 126 and 71 were turned on. o The fifth Tuesday of January is being considered for the Goal Setting Session. Alderman Spears commented that in the past this meeting has been held on a Saturday. Mr. McLaughlin also noted he could facilitate the meeting himself and it was the consensus of the council that there was no need for a consultant; Mr. McLaughlin could be the facilitator. o He clarified if the Tuscan Plaza resolution was tabled and Alderman Spears indicated that it wasn't tabled just removed from the consent agenda. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that a new recreation coordinator, Shay Rosborough, has been hired. Ms. Rosborough was an intern over the summer and is now a full time employee. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that staff is finishing up the population projections and he will have the information to the council by the end of the week. He welcomed any questions. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that the art work in the council chamber was provided by Waubonsee Community College. COMMUNITY & LIAISON REPORT Free Seminars for Seniors Alderman Spears reported that Rush-Copley would be conducting free seminars for seniors at the Beecher Center. On February 14, 2008 from 10:00 a.m. to 11 :00 a.m. the seminar will be Adjustment to Illness and on February 28, 2008 from 10:00 a.m. to 11:00 a.m. an Anxiety Panic Attacks seminar will be given by Dr. Loma London. The Minutes of the Rezular Meetine of the City Council — January 812008 — maze 4 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Well No. 7 Repair Summary (PW 2008-02) Alderman Besco reported that this was an informational item regarding the Well 47 repair. He indicated the cost of $169,709.31 has been submitted to the city's insurance company. Alderman Spews asked who would be paying for the staff's time. Director Dhuse indicated that he would check into this with the insurance company however most of the work was done by contractors. ComEd Utility Permit Request — Bristol Ridge Road (PC 2008-02) Alderman Besco reported that this was an informational item regarding the ComEd Utility Permit Request at Bristol Ridge Road. He explained that the city prefers utilities to be buried wherever possible however ComEd is requesting a permit to build an overhead pole line along the east side of Bristol Ridge road as they have been instructed to install lines in the most economical manner. If the city wanted to pay the difference they would be willing to bury the lines however the difference in cost is approximately $100,000.00 and the city does not have the funds. Alderman Spears asked if the city knew a substation was needed in this area and City Engineer Wywrot indicated they did not. Ordinance 200841 Ordinance Amending Title 8 of the City Code of the United City of Yorkville, Kendall County, Illinois (Wetland Protection Regulations) (CC 2007-134) A motion was made by Alderman Besco to approve an ordinance amending Title 8of the City Code regarding Wetland Protection Regulations, as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Spews. Alderman Spears and Alderman Besco complimented staff on an excellentjob amending the ordinance. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff--aye Resolution 2008-02 IDOT Highway Permit and Resolution — Tuscan Plaza (PW 2008-08) A motion was made by Alderman Besco to approve a resolution approving the IDOT Highway Permit and Resolution for Tuscan Plaza and authorize Mayor and City Clerk to execute, subject to staff approval; seconded by Alderman Werderich. Alderman Spears questioned if the mayor could sign the permit since it applies to a property in TIF district. Administrator McLaughlin stated that per the state statute and Attorney Or's direction, the restriction on an elected official's participation relates to having discussions directly related to economic projects in the district. He advised that Mayor Burd could sign it if the City Council approves the resolution and directs her to do so. He did not feel it was against any rules. Alderman Besco explained that the resolution was for the authorization of an IDOT permit prior to any work beginning. Mr. Wywrot further explained that the permit is issued to the city. Mr. McLaughlin stated that this presents the opportunity that once everything is in line; the development can begin the project. Alderman Spears felt it might be safer to have the City Administrator sign the permit. There was some discussion and it was the consensus to have Alderman Munns sign the document as mayor pro temp. Motion approved by a roll call vote. Ayes-6 Nays-0 Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting pf the City Council — January 8, 2008 — page 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS No Parking Signs Alderman Sutcliff asked about the status of the "no parking' signs on Somonauk Street and Director Dhuse explained that they were already installed. Sycamore Traffic Light Alderman Sutcliff asked for a Sycamore Street traffic light update. City Engineer Wywrot stated that the contract documents have been signed and after a pre-construction meeting the project should begin. Alderman Sutcliff reported that the Public Works Committee discussed progress with the developer. Director Miller stated that there has been some movement with the developer and that a draft annexation agreement will be on the Economic Development Committee agenda in the next month or two. Alderman Besco noted that the representative from Rob Roy Falls came before the Council and made an offer to help with the financing of the traffic signal. He hoped the developer keeps this in mind during the negotiations with staff. He felt that if they back out of their promises, it is a bad way to do business. Yorkville Community Band Mayor Burd distributed a DVD from the Yorkville Community Band and reported that they now have non-for-profit status. They would like to use the Beecher Center and the executive director at Beecher would like to allow them to do this. She commented that when someone asks her to put something on the agenda that it does not necessarily mean she is promoting them. She felt people have the right to make requests of their elected officials and it is up to the City Council to determine what to do with the request. She stated that this does not mean that she has determined that she wants the City Council to do something. She stated that nothing has changed with the bands operation; they still charge for performances. Alderman Spears asked if the group was going to reimburse the city since they were a profit organization at the time they used the Beecher Center. She felt they still owed the city money and she did not have a problem with them using Beecher once they reimburse the city or provide free concerts. Mayor Burd stated that they already offered free concerts to help raise funds for the Senior Services. Alderman Spears asked for specific dates from the band and she questioned why they charged the city for their performance at the Holiday Under the Stars event. Mayor Burd did not agree that they owed the city money. She stated that just because they did not have the non-for-profit paperwork done, it didn't mean they were making a profit. She stated that they are not a business and were actually losing money. Alderman Spears pointed out they were still a profit business at the time they used Beecher and whether their business was successful or not is irrelevant. She reminded the Council that the city had to use other facility for the landfill hearings because the band was practicing at the Beecher Center. Executive Session Administrator McLaughlin requested an executive session for the purpose of discussing property acquisition. Alderman Spears question if the Council could do this with out it being posted on the agenda. Attorney Gagliano stated that if someone makes the motion and it is seconded and approved the Council can go into executive session without it being posted on the agenda. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of discussing the purchase or lease of real property for the use of the public body. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-5 Nays-1 Spears-nay, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Plocher-aye The City Council adjourned into executive session at 7:45 p.m. The City Council returned to regular session at 8:04 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Munns. Motion unanimously approved by a viva voce vote. The Minutes of the Regular Meetine of the City Council — January 8, 2008 — page 6 Meeting adjourned at 8:05 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Fermilab Resolution Comments Alderman Golinski Practical benefits of Fermilab. - Not only does Fermilab provide a great service to this country in terms of science research, it also has an economic impact on the region. Last year Fermilab spent about $ 110 million dollars on goods and services. A good portion of that money is spent in Illinois and the Fox Valley Region, including Yorkville. - Technology developed for particle physics has real-life applications. This type of research has contributed to Computer-Aided Tomography (CAT Scan), Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET Scan), as well as using particle accelerators for the treatment of cancer. At Fermilab, over 3 ,000 cancer patients have been treated at the Neutron Therapy Facility since it opened in 1976. At the Loma Linda University Medical Center, over 100 cancer patients each day receive treatment from a synchrotron designed and built at Fermilab. Particle physics is also responsible for the development of the World Wide Web. Believe it or not, it wasn't Al Gore. Technology discovered at places like Fermilab help lay the foundation for whole new industries, like superconducting technology. Superconducting technology has applications in the fields of energy, transportation, medicine, the environment and electronics. In short, discoveries at Fermilab, and institutions like it, have led to enormous benefits for society in terms of health, security and economic well-being. In my opinion, it' s a sad state of affairs when our country has so many billions of dollars to send overseas, but we don't have funding to support our own science programs here at home. N N O O 01 C r O r W . 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Reviewed By: Agenda Item11 Number J� ® Legal ❑ MhyUp 1 Finance ❑ EST. � � 1836 Engineer El��-- Tracking Number &0 City Administrator ❑ K mr —" a Consultant ❑❑ <LE `��• Agenda Item Summary Memo Title: Recreation Manager Job Description Meeting and Date: City Council, January 22,2008 Synopsis: Recommending a new position in the Park and Recreation Department. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of position Submitted by: Dave Mogle,Director of Parks and Recreation Name Department Agenda Item Notes: The organizational structure in the Recreation Department consists of the Supt. of Recreation, Recreation Coordinators, Adm. Asst. and Receptionist. This proposal is for a new position called Recreation Manager. The position would fall between the Supt. and Recreation Coordinators and would include increased administrative duties that benefit the overall department as well as continuing duties in program operation.. Co. United City of Yorkville Memo 800 Game Farm Road EST IB36 Yorkville, Illinois 60560 Telephone: 630-553-4350 ® Fax: 630-553-7575 KmbN��wntly `�O <<E Date: January 17,2008 To: City Council From: Dave Mo le,Director of Parks and Recreation 1 CC: Subject: Recreation Manager Position I would like to recommend that a new position in the Park and Recreation Department titled"Recreation Manager"be established. The current organizational structure for recreation staff includes a Supt. of Recreation,three(3)Recreation Coordinators,an Adm.Asst./Office Supervisor and a Receptionist.. The reason for this direction is that it would be beneficial for a position level to exist in recreation that can assist the Supt. of Recreation with growing administrative duties that address the operation of the overall department. The Recreation Coordinator position oversees recreation programs with limited administrative involvement. The Recreation Manager position would also coordinate, facilitate and operate special events and recreation activities organized by the park and recreation department and also assist as directed in other city and community outside of the park and recreation department. The position would be to the Supt.of Recreation what the Park Foreman is to the Supt. of Parks The recommended range would be set at$45,550-$60,961 which is the same as the Foreman range. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF RECREATION MANAGER IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of Recreation Manager; and WHEREAS, the position of Recreation Manager will have the duties and responsibilities as set forth in the attached job description; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF RECREATION MANAGER IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT "A" The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2008. ATTEST: CITY CLERK Ree.manager 1-10-08 Yorkville Parks & Recreation Department Recreation Manager Job Description Department: Recreation Reports to: Superintendent of Recreation Status: Full Time, Salary, Exempt Positions Supervised: Custodial / Instructors / Concession Staff Salary Schedule: Recreation Manager Range Position Description Overview Under the supervision of the Superintendent of Recreation, the Recreation Manager is responsible for managing, planning, programming, organization and supervision of all recreation department special events and activities and assists as directed with community events operated through other city departments or civic groups. The Recreation Manager shall oversee concession operations and custodial staff owned or managed by the Yorkville Parks and Recreation Department. In addition, the Recreation Manager shall perform various administrative tasks for the department including but not limited to: vehicle reports, coordination of background checks, staff training, publicity, sponsor recruitment, volunteer recruitment, and community group liaison. The Recreation Manager position requires a flexible schedule to facilitate and represent the Department at meetings, workshops, conferences and in other situations, as assigned in the absence of the Superintendent, and as it relates to recreation. Essential Job Functions A. Budget and Finance 1 . Prepares and oversees budget for all areas of responsibility including special events, concession operations, custodial supplies, department vehicle maintenance, recreational services, administration, and staffing needs. 2. assists with decisions concerning the setting of program fees and charges and concession pricing. Assists in monitoring cash handling practices, fee collection and point of sale. 3. Creates departmental reports and comparisons pertaining to revenues/expenses, inventories, purchasing, event attendance, recreational programs and facility needs. Reports on annual accomplishments and activities regarding events and concessions 4. Pursues sponsorships, grants and other alternate sources of funding, for special events and programs where appropriate. 1 Ree.manager 1-10-08 B. Staff Development and Supervision 1 . Recruits, hires, trains, supervises and evaluates staff in area of responsibility. Develops and recommends job descriptions and compensation for subordinate staff. Assists in t training of full-time recreation staff 2. Secures contracts and implements services pertaining to special events, concessions, custodial needs and other departmental areas as directed. 3 . Manages volunteer data base for the department and develops a volunteer appreciation program 4. Assists in managing back ground checks and/or employee records in cooperation with the Human Resource Department. B. Policies and Procedures 1 . Recommends to the Superintendent of Recreation overall recreation department policies and procedures to improve operations. 2. Establishes risk management practices for concession facilities, recreation department vehicles, volunteer program, and other areas of responsibility as needed. 3 . Develop, implement and maintain the Concession Stand Procedures Manual. 4. Establish operational rules/regulations in absence of formal policies. C Public Relations, Customer Service and Marketing 1 . Represents the department as directed to community organizations such as, public and private schools, businesses, and service groups, pertaining to specific events and programs. 2.Works cooperatively with the city Community Relations employees in the implementation of public information services such as, news releases, newsletters, brochures, announcements, features, message boards, and web sites. Organizes the schedule for the entire recreation department. 3. Assists the Community Relations Department as directed by the Supt. of Recreation with city events outside the Park and Recreation Department. Acts as park and recreation department liaison for such events. D. Programming 1 . Develop a seasonal plan to include purpose, goals and implementation for special events and concession facilities. 2 Rec.manager 1-10-08 2. Plan and administer diversified special events for all ages, including compliance with accessibility standards and special needs. 3 . Oversee the preparation and implementation of events and programs. Maintain calendars and schedules for department facilities, private and public facilities per intergovernmental agreements, and monitor custodial needs in relation to those schedules. E. Facility Operations 1 . Assist with coordination of facilities, equipment, staff, and supplies, in relation to the custodial needs 2. Assist with maintenance standards and plans, including a preventive maintenance program for the concession facilities. 3 . Develop hazardous materials handling procedures in conjunction with the other city departments and local, state and federal regulations, i.e. Health Department. Performs other duties and functions as directed by the Superintendent of Recreation. Basic Requirements - Job Knowledge 1 . Will have excellent communication and writing skills. 2. Will have the ability to be a "self motivator" and have strong administrative skills in scheduling, delegating and reporting. 3. Will have the ability to calculate utilizing basic math skills. 4. Will have strong interpersonal skills and the ability to have a good working relationship with staff, volunteers, and overall public. 5. Must maintain a valid driver's license and abide by the Park & Recreation Department vehicle policy. Must have successfully completed a background investigation with findings of good character and no felony convictions. 6. Must comply with all rules, policies, regulations and procedures related to the City of Yorkville's Employee Manual. 7. May regularly be required to lift and/or move up to 10 pounds; frequently lift and/or move up to 25 pounds, and occasionally lift and/or move up to 50 pounds. 3 Ree.manager 1-10-08 Minimum and Preferred Experience and Education 1 . Bachelor Degree. in Recreation, Physical Education, Leisure Services or related field and a minimum of three years field experience in recreation programming, supervision, leadership, and development of staff or equivalent combination of education and experience. CPRP preferred. 2. Must have experience in computer and programming skills; experience relating to recreation software; publisher software and word processing, RecTrac preferred. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. 1/2/08 4 *,SOD �/Ty Reviewed By: Agenda Item Number J� a Legal ❑ { Finance ❑ EST. � � '- 1836 Engineer ❑ g Tracking Number ® (0 City Administrator ❑ Consultant ❑❑ CC a�dDB 'D5 `LE Agenda Item Summary Memo Title: Usage Agreement for Pre School Space Meeting and Date: City Council, January 22, 2008 Synopsis: Agreement with the Yorkville Congregational United Church of Christ to utilize space in their building for Park and Recreation Pre School program. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of Agreement Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: This is a renewed agreement to use space at the church to hold the pre school Program. Changes from the previous agreement include the term which would now be Three years and the addition of a termination clause. ! 1 1 I k will E &Wjoknzgmm • 1 1 1 i • ! ' 1 1 1 1 1 I l I t t . I t t i 1 t t - i t i ' • ' 1 • ' • i ' • 1' 1 1 as to t 1 11 t to W i l l 11 - • • .11 M I I 1 1101 • t • • . I . iii 1 - " • if 1 . 1 1 _J li 1 1 - t i MITI 1 - 1 • . / 191 1 " 1 1l11i \ 1 , 1 - 1 - 1 t - Yif 11 i • - it l " ' 111 It \ t1 i \ 1 i t ft t - \ tt 1 . 'J - - 1 1 11 i " " / 1 - i . i ' 1 " • i f • ' 1 I I I I 1 � I ' • ' . 1 . tit L - i l ' f l l i - ' I t ' - - . i \ 1 i - 1 . i11 ' 1 1 1 - ' •li. • . i - t 1 i ! > . 1 Y.II f 1 1 - • �Y 'JI . - i t i l - 1 1 1 1 f l 1 1 1 •1 ' ' i ' \ • 1 ! / 1 1 i 1 111 / • I t . !1 - .1 111 1 . - 1 t 1 11 - • r - I i - • i - 1 t 1 - • 1 1 - • > . I i 11 i l t l - 1 ' ' • i - • 1 . I - i J t 1 t • ° t i t l t - 1 11 - 1Ie1 - 1 I w •Ift ' \ IUO 1 1 L i<- Ia - 1 i - ' .1 • • i - t 1 1 11 1 \ L r - \ 11 I \ f 1 - .11 • 1 1 - • • .11 . iii I : .111 • i �. 1 If l • 11 - 111 ' • Iiil 1 ' ' . i. ' i ' ! Ilt • 1 K1i1 Y• ! ' F. I .t 1 1 1 t :� J t . - • t l t . 1 . i f t t l I - e i l l f - I t i \ i f - e t t! - i • t t i . : I I II I I n 1 1 1 i .I 1 ' Ii1 i • • 1 ' ' +1 i. • ' - N i. lil i ' • .i ail Fil 1 • " Y JI . i1 i :� . 1 1 J / III I \ • t e ! I .1 t w - tl - ii1 , 1 •w t ! \ 1 - f . 1 M. i \ 1 / 1 ! ' .11.6 ' 1 1 I i - I . 11 t - t 1I ' - •11 1 t 11 t 1 �1 I 11 . • t ' 1 a o-l ' 1 1 1 - - • B 11 . - i " 1 t • - • f .l 1 i " it 111 t ' 111 t t 1 • 1 . - 1 1 - • . 1 .11 \ t t - iJ � \ . 11 - 1 . If .it1 t i i 1 ' • 1 l i " 13 • 1 • . 11 J \ ills 1 ll - f • . t .•. t \ ! I - l ! 1 1 ' 1 IIII A1111A 11 " 1 ' l FFF t h. f t l l ! ' i 1 1 i i / 1 t l ' • f t l t'" f 1 - l l - .1 i 11 1 t t ' • Jilt • 1 i1 • t i I " ' .IL .111 ' N 1.•:1111 i - i .i iil N! Y. 1 t /I" / l ' II / 1 1 ' i . Y 91 . / \ 111 > 1 .1 :. 1 1 •• . hw without the need of having additional personnel present The keys issued will be marked, DO NOT DUPLICATE, and will not be copied. Each party hereto; will be responsible for securing the facility, building or area upon leaving. 4. Maintenance Standards. In agreeing to use the Organization Buildings, the City agrees to participate in completing the routine maintenance items while using the building. •. Inspect the building and grounds prior to use daily . Return the condition of the facility or property to the same state it was found • Immediately reporting of any damages and/or maintenance concerns to the Organization. . • The City agrees to assist with snow removal of the entrance areas and south parking. lot during the times of operation of City sponsored programs. 5. Fire Alarm System. The church will be responsible for the scheduling and payment of the annual inspection, cleaning and testing ofthe fire alarm system and fire extinguishers_ 6. Periodic Review Of Agreement a, The Organization and the City recognize and understand that this Agreement provides for the optimum use of the physical facilities being provided, as listed in 1. It is therefore recognized by both the Organization and the City that there will be a % need from time to time, for periodic review and modification of the schedule set 1 forth after formal adoption and execution of this Agreement Such reviews shall take place as needed, at the request of either the Organization or the City. b. The parties agree that this Agreement shall be in full force and effect for a period of three (3) years. This Agreement maybe reviewed by the parties annually at which time any Agreementmay be extended for an additional one (1) year period. . Notwithstanding the foregoing.provision, six (6) month's prior to the anniversary date (January) of this agreement, the Organization and City staff and/or committee will meet to evaluate the terms of time agreement and feasibility of continued ' agreements and expenses. See attached feesehedule. 7. Termination. This Agreement may be terminated by either party if after review and consideration by both parties the Agreement is not suitable for one or both organizations, refer to 6.b. A written notice of termination must be received by the organization (6).six months prior to the beginning of the school season. Any termination would not take effect unfil after the current school year, which is at the end. of May_ 8. Holdharmless And Indemnification. The City shall indemnify and hold the Organization harmless for any and all claims and causes of action that arise during the course of facility use by the City, or City employees, agents or Departments there of 2 9. No Alteration. The City shall not make structural improvements, changes or alteration to the Facility without first obtaining the written consent of the Organization_ Any improvements to the Organization's building will be through a donation to the Organization, and therefore become the property of the Organization. 10, No Assignment. The City shall not assign it interest in this Agreement without obtaining the written consent and approval of the Organization. 11. Binding upon successors_ This Agreement shall be binding upon the successors and assigns of the parties hereto. 12. Integration Of All Terms Into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the Organization IN WITNESS WHEREOF, the parties hereto have, the day and year fast above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YoRKy A.E By: Mayor, United City of Yorkville By: Park and Recreation Board YORKVH.LE CONGREGATIONAL UNITED CHURCH OF CHRIST By: Church Moderator Trustee Chairman Attest: Representative 3 Attachment AGREEMENT UNI'T'ED CITY OF YORKVMLE YORKVILLE PARKS AND RECREATION DEPARTMENT And YORKVILLE CONGREGATIONAL UNITED CHURCH OF CHRIST THREE YEAR FEE SCHEDULE 2007-2008 600 per month donation for building use -for the operation of the Parkers Playtime Pre School program 2008-2009 $650 per month donation for building use for the operation of the Parkers Playtime Pre Schoolprogram. 2009-2010 700 per month donation for building use for the operation of the Parkers Playtime Pre School program. The parties agree that this Agreement shall be in.full force and effect for a period from August 20.07 to May 2010. This Agreement maybe reviewed by the parties annually at which time any Agreement may be extended for an additional one (1) year period. Notwithstanding the foregoing provision, six (6) months prior to the anniversary date of this agreement (January), the Organization and City staff and/or committee will meet to evaluate the terms of the Agreement and feasibility of continued Agreements and expenses. `QED C/pk Reviewed By: J� i T Le al ❑ City Council g Finance F-1 �i7Y EST. 1836 Engineer ❑ -O to City Administrator ❑ Agenda Item Tracking Number Consultant ❑ ` i < City Council Agenda Item Summary Memo Title: Yorkville Big Band—Use of Beecher Center City Council/COW/Committee Agenda Date: 1/22/08 Synopsis: Alderman Spears requested that the City Council discuss the matter of reimbursement to the City for use of facility. At the Administration Committee meeting an option of requesting two free concerns was suggested as a payment in lieu of cash. Staff was not able to reach the Yorkville Big Band Director this week to get input on this option to resolve this issue. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Provide direction to City Staff on bow to proceed relative to the Yorkville Big Bands prior use of Beecher Center. Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: ,QED C IT y Reviewed By: Agenda Item Number O �t_ EST... -a Am - 836 Finance o C WY 6U NQ L 1 - Engineer ❑ City Administrator ❑ Tracking Number S1� M•a `�O Consultant ❑ Human Resources PC 2007-24 C E ` F] City Council Agenda Item Summary Memo Title: Kalant Development Rezoning(R-2 to B-2) and Development Agreement Meeting and Date: EDC/August 21, 2007 Synopsis: Request for rezoning one parcel on the northwest comer of Route 47 and Center Street from R-2 to B-2. Development Agreement including provisions for signage and water connection/well abandonment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report,draft development agreement,letter from IDOT regarding access to Route 47 and proposed site plan CITy 0 Memorandum n To: Brendan McLaughlin,City Administrator EST. ``.1836 From: Travis Miller, Community Development Director II n y Cc: Kathleen Field Orr,City Attorney 0 Date: January 18,2008 < V%- Subject: Kalant Rezoning-Public Hearing LE Brendan, As you are aware,the notice of the Plan Commission public hearing for the Kalant rezoning request were not sent via certified mail to the surrounding property owners in advance of the July 11,2007 hearing. Based on this,Kathleen Field Orr, City Attorney has advised to conduct a new public hearing before the Plan Commission,which has been scheduled for February 13,2008. Per your request I have prepared the chronology of events related to the Kalant property rezoning: May 11, 2007 Received application requesting to rezone property June 21,2007 Plan Council reviewed petition and forwarded to Plan Commission July 11,2007 Plan Commission held Public Hearing and forwarded recommendation to City Council July 17,2007 EDC reviewed the Plan Commission recommendation and raised concern regarding parking adjacent to the Town Square Park- requested petitioner to address and return to August EDC August 21, 2007 EDC reviewed site plan,petitioner addressed concerns regarding parking and reviewed a draft Development Agreement.EDC forwarded to COW/City Council August 28,2007 COW/City Council-Approved rezoning to B-2 and approved execution of Development Agreement Last week in Staff received call from adjoining property owner regarding November business activities in the home on the property-the resident explained they had not received notification of the public hearing. Staff researched to verify if all notices were published and mail properly-it was verified that the property owners within 500'of the property had not been notified by certified mail. December 4, 2007 Staff reviewed the case with Kathleen Orr who advised to re- conduct the public hearing and ensure notices are mailed as required. Notified the petitioner's attorney and explained the need to conduct a new public hearing. Legal questions regarding the statute requirements for notifications were asked. Requested Kathleen to contact the petitioner directly. Received direction from Kathleen the week of December 101h to proceed with new public hearing as originally planned. December 13, 2007 Sent the petitioner memo regarding public hearing date and draft affidavit for certified mail to be sent in advance of the hearing. Following week — Called the resident who had contacted staff regarding the lack of notice and explained a new public hearing was scheduled. The responsibility to send notices to surrounding property owners for public hearings is the petitioner's. In this particular case, the petitioner was sent instructions along with the public hearing notice on June 18, 2007. Unfortunately, I failed to verify this had occurred at the time of the public hearing. Staff has reviewed all cases requiring a public hearing in 2007 and confirmed that the required certified mailings were appropriately done and found no others to be deficient. cir 0 United City of Yorkville Memo '^ 800 Game Farm Road MT.. 1 im Yorkville, Illinois 60560 4 Telephone: 630-553-4350 09 �0 51 �a p Fax: 630-553-7575 <LE December 13, 2007 RE: Public Hearing for Kalant, Rezoning from R-2 to B-2 Dear Mr. Ingemunson, The public hearing will be held at the February 13,2008 Plan Commission. Enclosed is a copy of the public hearing notice. You are required to send the public notice, certified mail,return receipt requested, to surrounding landowners within 500' of the property. This needs to be done a minimum of fifteen days and no more than thirty days prior to the public hearing date. After this mailing,please provide our office with a Certified Affidavit for our files (an example is enclosed). Public hearing signs must be posted on the property by January 29, 2008. Please contact me when you pick up your signs m the Community Development Department. Please keep in mind the signs must be removed and returned to us between February 14-22, 2008. Here is the revised tentative schedule for the Kalant ReZoning: 1)Plan Commission Public Hearing February 13,2008 2) EDC Committee February 19,2008 3) City Council February 26, 2008 If you have any questions regarding this process, please do not hesitate to contact me at 630-553-8532 or by email at awilliams@.vorkville.il.us . Thank you, Annette Williams Community Development Department /enclosure CC: file clTy United City of Yorkville 800 Game Farm Road => --. 163a Yorkville, Illinois 60560 o ill S" ` Telephone: 630-553-4350 Fax: 630-553 -7575 — f PC # APPLICATION & PETITION ANNEXATION, PLANNED UJIT DEVELOPM�FNT, ZONING OR SPECIAL USE REQUEST Development Name 1$ eT TJ sf"C Lncee *r°P} Date of Submission: Requesting: [] Annexation JJ Zoning [] Planned Unit Development 0 Special Use: 1 . Name of Petitioner(s): Don Kalant Address: 2308 Fawn Lake Circle, Naperville, IL 60564 Phone Number: 630-267-8359 Fax Number: Email Address: Relationship of Petitioner(s) to subject property: ft;Owner [] Developer [] Contract Purchaser 2. Name of holder of legal title, if different from #1 : Don Kalant aiid Hitesh Patel If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: N/A 3. a). (i). Street address and physical location of subject property: 101 West Center Street, Yorkville, 1llinois 60560 (ii). Zoning of surrounding parcels: North: R-2 South: City Park East: B-3 West: R-2 b). Legal description of property; attach as Exhibit "A,. c). Total Acreage: . 3 acres 02-33-101 -104 d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: R-2 f). Zoning Classification Requested: • 1 ) .Z g). Is this property within City limits? Yes No, requesting annexation Page 1 of United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised 11/28106 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7. Does a flood plain exist on the subject property? N/A 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law Is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gregg Inge'ni Address: 226 South Bridge St, Yorkville, IL660560 Phone Number: 630-5535622 Fax Number: 630-553-7958 Email Address: Engineer: Name: Frank Willynan Contractor :Address: 28 Laurel Count Yorkville IL 60560 Phone Number: 630-553-6535 Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised' 1128/06 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petition (s) Signat e: (All leg pro erty owners signatures must appear on this application.) Subscribed and sworn to before me this 7 day of 200 Notary Seal OFFICIAL SEAL THIS APPLICATION MUST BE NOTARIZED. DEBRA A. LECHOWICZ ` NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES 2/15/10 Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised I W8106 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4" Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United city of Yorkville Annexation.PUD,Zoning,Special Use Application Revised- 11/28/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m, in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: O 'z Signature of Petitioner Page 5 of 5 United City of Yorkville Annm. tion,PUD,ZoningSpecial Use Application Revised. 11128/06 Exhibit "B " Don Katant Rezoninu Page I name street - city state zip Robert Adams 603 Bristol Avenue Yorkville IL 60560 Francisco Aguil 207 E. Main Street Yorkville IL 60.560 Anna Ahrens 105 E. Park Street Yorkville IL 60560 Robbie & Mary Anderson 211 E. Spring Street Yorkville IL 60560 Charles & Gayle Ashley 203 G Main Street Yorkville IL 60560 Robert Aters, .Ir. & Misty Hyde 104 E. Somonauk Street Yorkville IL 60560 Richard & Patricia Auten 41 Linden Drive Plano IL 60545 Henry & Mary Ba .icr 210 E. Somonauk Street Yorkville IL 60560 Martin Behrens, .ii_ 202 W . Main Street Yorkville IL 60.560 Teresa Berard 406 West Street Yorkville IL 60560 Carol Berger 202 Church Street Yorkville 1L 60560 Enrico & Michelle Bianchi 205 E. Center Street Yorkville IL 60560 Arnold & Beverly Bitterman 103 E . Main Street Yorkville IL 60560 Richard Brettelle 510 Deer Chase Dixon IL 61021 Abraham Bruwer 2200 Route 47 Yorkville IL, 60560 Timothy & Michelle Buck 204 E- Somonauk Street Yorkville IL 60560 Jack & Susan Bucl:ner 102 E. Somonauk Street Yorkville 1L, 60560 Donald & Judith Burls 421 Jackson Street Yorkville IL 60560 Lois Bushman Trust 353 Nelson Drive Geneva IL 60134 David, Maura & .lames Cannon 205 River Road Yo6ville IL 60560 Becky Cantwell 453 Poplar Drive Yorkville IL 60560 Richard Chehninski 501 N. Bridge Street Yorkville IL 60560 Ronald William Clark 106 E. Main Street Yorkville IL 60560 Victoria Coveny 201 N. Bridge Street Yorkville IL 60560 Michael Cox 106 W. Main Street Yorkville 1L 60560 Phillip Cullen 405 N. Bridge Street Yorkville IL 60560 Joel A. Danker Living Trust and 304 W . Somonauk Yorkville IL 60560 Evelyn Danker Living Trust Russell & Margaret Devick 211 E. Main Street Yorkville IL 60560 Exhibit 'B" Don Kalant Rezoning Page 2 name street city state zip Richard H. Dobbertin frost 504 Colton Street Yorkville IL 60S6t1 Fred & Vida Dollman Rev Trust 2061 E. Main Street Yorkville IL 60560 ,lohn & Stacey Edwards 108 E. Park Street Yorkville IL 60560 Bert & Holly Erickson 102 River Street Yorkville IL 60560 Ralph & Rodney Irvin 206 W. Main Street Yorkville IL 60560 Timothy & Robin Fairfield 204 King Street Yorkville 1L 60560 Lucas & Sandi Fan en 206 E. Somonauk Street Yorkville IL 60560 Ruth Farren 307 W. Center Street Yorkville IL 60560 ,Jeffrey & Paulette Floyd 208 E. Somonauk Street Yorkville IL 60560 Mae Frankenhauscr (rust 203 Church Street Yorkville IL 60560 Lawrence & .Ioannc Franklin 212 E. Spring Street Yorkville IL 60560 G&S Holdings LLC 1217 Game Farm Road Yorkville IL 60560 G&S Holdings LLC 308 N. Bridge Street Yorkville IL 60560 Gail Gaebler Rev Living Trust 202 E. Main Street Yorkville IL 60560 Gary & Phyllis Gates 309 W. Main Street Yorkville IL 60560 Carols & Stephanie Gonzealez 109 E. Somonauk Street Yorkville IL 60560 Timothy & Sarah Gorges 104 W. Main Street Yorkville IL 60560 Mickey & Martha Green 30W077 Wood Court Wayne IL 60184 P.O. Box 116 Diane J. Gross Dec of Trust 5 Shenvood Drive Oswego fL 60543 Donald Haines & Sarah Quirk 201 E. Main Street Yorkville 1L 60560 Donald Hale- 408 Church Street Yorkville IL 60560 Gregory Hambly 208 E. Center Street Yorkville IL 60560 Gordon & Kathleen Hard 8820 Millbrook Road Newark IL 60541 Bonnie Hausler 2450 Rock Creek Road Plano IL 60545 Kenneth & Nancy I-lennig 301 W. Center Street Yorkville IL 60560 Chad & Joann Hefiaud 107 E. Park Street Yorkville IL 60560 Carrie Hemnann 208 E. Spring Street Yorkville IL 60560 Debbie Jean Hight 506 Colton Street Yorkville IL 60560 Exhibit "B" Don K.alant Rezoning Page 3 name street city state zip Mark Hight 108 E. Somonauk Street Yorkville IL 60560 Holman & Donna I-Iorton 306 King Street Yorkville IL 60560 Kevin & Susan Hnddors 202 King Street Yorkville 1L 60560 Susan Huston 106 E. Spring Street Yorkville IL 60560 Mark Jernstad 204 W. Main Street Yorkville IL 60560 Williaru .lolmson 211 E. Center Street Yorkville IL 60560 Howard & .loyce .lohuson 212 W. Elizabeth Street Yorkville IL 60560 Consuelo .luarez 107 E. Somonauk Yorkville IL 60560 William W. Kahle Pevoc Living Trust 212 E. Main Street Yorkville IL 60560 Adele Kastner Truss 4100 110 E. Park Street Yorkville 1L 60560 Scott Kedzie 406 Colton Street Yorkville 1L 60560 Kendall County Historical Society P.O. Box 123 Yorkville IL 60560 Arnold & Shirley I{nauf 404 West Street Yorkville IL 60560 Michael Koslowski 12686 Schaeffer Road Plano IL 60545 .lack & Kathlee Koteles 107 E. Main Street Yorkville 1L 6056(1 Stanley Kruk, Jr. 104 E. Spring Street Yorkville IL 60560 John Kuney 408 Colton Street Yorkville IL 60560 Charles & Brenda Lawson 607 Bristol Road Yorkville IL 60560 Ralph & Margaret Legrand 311 Church Street Yorkville 1L 60560 Michael & Kayla Linden 205 E. Main Street Yorkville IL 60560 Jay & Barbara McCov 106 W. Somonauk Street Yorkville IL 60560 Timothy McKeever & Terri Williams 404 W. Ridge Street Yorkville IL 60560 Steven & Barbara Manning 301 N. Church Street Yorkville IL 60560 William Martin & Mitzi Mildred Trust 107 E. Spring Street Yorkville 1L 60560 Timothy & Bryn Martinek 310 W. Center Street Yorkville IL 60560 .lames & Alison Marie Metz 402 Colton Street Yorkville IL 60560 Greg Millen 220 S . Bridge Street Yorkville IL 60560 Edward & Brenda Minick 205 W. Somonauk Street Yorkville IL 60560 Donald & Barbara h/lozen 307 Colton Road Yorkville IL 60560 Exhibit "B" Don Kalaut Rezoning Page 4 name street city state zip Paul & Christine Weller 203 E. Main Street Yorkville IL 60560 .Jesus Munoz & Paula .lean Zdunczyk 203 E. Spring Street Yorkville IL 60560 Richard & Susan R/ inson 8641 Walker Road Yorkville IL 60560 N&M Food Inc. 302 N . Bridge Street Yorkville IL 60560 Devin Nelson 151 E. School Street Naperville IL 60564 Edward & Catherine Mesen 103 E. Somonauk Street Yorkville IL 60560 Darrel & Sue Osman 104 E. Part Street Yorkville IL 60560 Mehmet Osmani 764 Sherwood Avenue Aurora IL 60506 Brian Parish 205 E. Spring Street Yorkville IL 60560 Parkview Foundation 307 King Street Yorkville IL 60560 Calvin & Rena Pedersen 307 King Street Yorkville IL 60560 Tiffany Peeler 190 Calkins Drive Sugar Grove IL 60554 Tiffany Peeler 503 Colton Street Yorkville IL 60560 Sheila Perkins & Sharon Guthke P.O. Box 103 Millbrook IL 60536 Roberta Peterson & Jo Ann Gryder 609 N. Bridge Street Yorkville IL 60560 Douglas & Valerie Pierson 103 W. Center Street Yorkville IL 60560 Ronald & Kelly Plocher 102 W. Main Street Yorkville IL 60560 Steven & Jill Plock 206 E. Center Street Yorkville IL 60560 George & Rae Lynn Podschweit 306 W. Somonauk Street Yorkville IL 60560 Bryan & Amy Pruitt 210 E. Spring Street Yorkville IL 60560 Dean & Karyn Rachel 817 Summit Street Lockport IL 60441 Todd & Shannon Range 207 E. Spring Street Yorkville IL 60560 Arlene Reinboldt 601 N. Bridge Street Yorkville IL 60560 Ronald & George Reinert 1208 A Badger Street Yorkville IL 60560 Christopher Rel-LICha 106 E. Park Street Yorkville IL 60560 Verne & Jean Riemcnschneider 302 W. Dolph Street Yorkville IL 60560 Luther & Sandra F.oherts 302 W . Somonauk Street Yorkville IL Ci0560 Michale Russ 209 E. Main Street Yorkville IL 60560 Jolui & Deborah Schaefer 307 Liberty Street Yorkville 1L 60560 Exhibit "B" Don Kalaut Rezonin_ Page 5 name street city state zip Nathan & Beth Schattke 308 Colton Street Yorkville IL 60560 Gustav & Ruth Schneider 203 E. Center Street Yorkville IL 60560 Michael & Molly Schomer 104 N . Bridge Street Yorkville IL 60560 Rick & Laurie Shake 103 E. Center Street Yorkville IL 60560 John Shuck 105 E. Spring Street Yorkville IL 60560 Chales & .June Smith 118 Osage COnrt Oswego IL 60543 Rick Spera 123 Franklin Street Oswego 1L 60543 Robert & Anry Stankiewicz 691 N . Bridge Street Yorkville IL 60560 James & .lennifer Sm k 203 E. Somonauk Street Yorkville IL 60560 State of Illinois 700 E. Norris Drive Ottawa IL 61350 Bruce Steinke & Sandy .ludd 101 E. Somonauk Street Yorkville IL 60560 Penny L. Stenson Living Trust 216 Tuma Road Yorkville IL 60560 Ronald & Aim Thorson 407 N. Bridge Street Yorkville IL 60560 John & Trisha Thulin 407 Colton Street Yorkville IL 60560 ,John & Vickie Toschak 108 W. Main Street Yorkville 1L 60560 Lynn & Virginia Vandeusen 4223 E. 2551stRoad Sheridan IL 60551 I4enneth & Marilyn Vogus 201 E. Somonauk Street Yorkville IL 60560 Wesley & Robin Walker 110 W. Main Street Yorkville IL 60560 Jeffrey & Brenda \hIcaver 1100 Homestead Drive Yorkville IL 60560 Clyde Weeks 108 Liberty Street Newark 1L 60541 Ross & Elizabeth Wheeler 106 E. Somonauk Street Yorkville IL 60560 Elmer & Peggy Wilkinson 505 Colton Street Yorkville IL 60560 Frank & Linda Walters 101 E. Park Street Yorkville IL 60560 Frank Willman 104 W. Somonauk Street Yorkville IL 60560 Jason & Michalene Willman 103 W. Spring Street Yorkville IL 60560 Richard Budd Wormley 70 W. Washington Street Oswego IL 60543 Yorkville Conan School Dist 115 602 Center Parkway, Suite A Yorkville IL, 60560 John & Cassandra Zeman 205 W. Main Street Yorkville IL 60560 CJ;-o United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 Fax: 630-553-3436 CE Date: July 10,2007 To: Economic Development Committee From: Travis Miller,Community Development Director Cc: Lisa Pickering,Deputy Clerk(for distribution) Subject: PC2007-24 Kalant Development Re-Zoning Request Background: The Plan Commission is scheduled to review this request and make a recommendation July 11,2007. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites,the distinct character of the(Transitional Residential)Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. • Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zoning Amendment shall be based on the following: a.Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. 1 d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) Staff Comments 1 . The B-2 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. 2. The use proposed will be within the existing structure and therefore have a minimal architectural impact on the surrounding character. 3 . Allowable signage should be more restrictive than that allowable within the B-2 zoning classification to ensure the property remains in context with the surrounding neighborhood. • Recommend requiring the following signage regulation not within the current sign ordinance in the form of a Development Agreement between the City and the Petitioner. 1 . No signage may be internally illuminated; 2. No pole signs permitted on the property (one (1) wall and/or one (1) ground sign only) 3. Maximum sign area of any sign shall be no more than thirty-two (32) square feet. 4. The existing structure will encroach the B-2 required setback from Route 47 by 14.83 feet. (30 feet is required per Ordinance 10-7C-4131 and 15. 17 feet exists). Upon approval of a zoning change, the building will be considered a legal non-conforming structure. The building may be used, however, should anything happen to the building, a new building could not be built within the footprint of the existing building without first obtaining a variance. 2 ny 1 T11, rpa UB rw TO y` 60 6W o 609 T04 A 60 60 05 e o � 0 7 N 566 0 Sr 00 0 L w e 0 307 31 IOI � 30 30 308 301, p 3o J 30S 3 � 0 00 1 301 3 30 If y R n ao R zo R n N m tw United CI of Yorkville GIS The Data lalines provided o without warranty or any erepresentation 0f City accuracy, deas,or eo ccuranees.llrsthe responsibility of and h . P2rG¢I deta and Aerial Photography "approp appropriateness termmse.The Unitema0naas,eomplle makes no -' Provided By Kendall County GIS approprlstenes,of Its use.The United Oily of use of makes no warranties,expressed or Impl IsO,to the uea of lhs Data. DEVELOPMENT AGREEMENT `Kalant' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of , 200, by and between, Don Kalant and Hitesh Patel, hereinafter referred to as "OWNER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to as the "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located at 101 W. Center Street in Yorkville and consists of approximately .3 acres; and WHEREAS, the OWNER seeks a zoning amendment to allow for uses permitted within the B-2 zoning classifications to exist on the property; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, the Agreement shall control. ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Site Plan attached hereto and incorporated herein as Exhibit `B". The well located on the property shall be abandoned in accordance with the rules and regulations of the Kendall County Health Department. The petition shall be allowed to tap on to the City water service located on Center Street. ARTICLE III SIGNAGE PROVISIONS The OWNER agrees to the following signage regulation: No signage on the property may be internally illuminated; No pole signs are permitted on the Property Two (2) wall signs or in the alternative One (1) wall and/or one (1) ground sign may be permitted on the Property; Maximum sign area of any sign on the Property shall be no more than thirty-two (32) square feet for each sign and be pursuant to the Concept Sketch attached hereto and incorporated herein as Exhibit "C" ARTICLE IV EFFECTIVE DATE The Recitals set forth above are deemed to be material covenants and entitlements under this Agreement. The Covenants and Variances granted as to the setback requirements pursuant to this agreement shall be treated as covenants running with the land and the Successors, Heirs, and Assigns. The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, Don Kalant and Hitesh Patel an Illinois municipal corporation By: By: Title: Mayor Attest: Attest: Title: City Dated: Dated: x'Nmwms s�A¢asssE � �- seMmaRaMrlsmw� swwA3E Mx r, MR 1xo IsR AT - WRI- MEm.1TOMMSemm mMSSEMWrRas au xnmw i Y RESPENTPL RESIDENTPL > m8 WW td '8�v % S89 °wF /" c_ ' L OVW ' _ XOUmFRIYPEB °°°Q°ocoo ° ° ° ° lo e uopaa 00 oe 0e 0 - o o a 0 I'µb -- 0 °a 000 e � { �wPAClm RwwlRE r.2 eAg memE 0.R ZIR TWlrsso zz"v C AaRawA eA¢awx u-¢ x /R.os GRAPHIC SCALE BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT R FRAME a GARAGE d L_ } COMMERCIAL ENTRANCE ° °° ° m Mmu1 ` L_ W3 ' - SHE RorItay. 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ROGINA LINOIS PROFESSIONAL ENGINEER NO2]]43 3 Quxamaz unnai roamrolm Ave mu� xeR: euuTln °® alroRwms � LICENSE EXPIRES 11MI2007 f �. COME _ O xs �xx (eaomxmuMO ®Wr A P COMPARE DESCRIPTION AND POINTS BEFORE BUILDING JOINT mus EIX3EaPPnvERENf % AND REPORT ANY APPARENT DIFFERENCE TO THE ENGINEER I LCCA,A'G CENTER STREET 5 eE DRRVATOMN FOR TYPICAL TRENCH SECTIONS ° REFERTO DEED OR GUARANTEE TITLE POLICY FOR BUILDING € BXCAVwioRS RTS LINE RESTRICTIONS OR EASEMENTS NOT SHOWN ON PLANS. " NOTE: THI 10i WEST CENTS STREET. LEGAL: NOT 8, BLOCK 12, ORIGINAL VILLAGE IS BRISTOL, AS 101 WEST CENTER STREET. CITY OF YORKVILIE, KENDALL COUNTY, ILLINOIS r r REVISIONS PREPARED BY: CUNT: PROJECT: PROJECT NO: DESIGNED BY: SBEBT NO ` y RRxm® Pm3 CTrr . moT aoxa�3TLL , DON C. KALANT R6vv.0v R.A.S. P R 0 G I N A KALANT OFFICE DATE: DRA N BY.- - a e s B D c l s T a B, I T D. 874 lf. YSfffiUNS PARKIIAY; SOI'1'E A 0a/2v/ov P.J.T. 1 YORKV= n 60560 SITE PLAN SITE PLAN D� t s ? 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G PROWDE FILTER fMWC AT ALL CUM NI.ETS WRING CONSmUCTON. °mEOM'E a BUTUR FABRIC M BE FILMED BERYEEx ORATE AND CART IRON FRAME TO ALLOW aTAAMIws aooOD NOWMAHCEOR RFPIACFMEMOFFIBROBV REA]NHOGMTEKIDI O T �.RrwwI %RWNO r FRAME TO MMM IN PUCE SAO FILTER FMIUC To BE MAINTAINED UNTIL I� AL'UPSTREgM'MFAR TOA NESPECITVEIXI ETHAVEBEEN WMPIEIFD (N EOFP S - THROUGH EETABLISHMEMOFAGRASSNnF O O T KNOMRS / 3 ROF I J\ TURNAROUND auelID(a5) mm auas eemew Imiu RAW geW/BJIOEwpDt — S.V fTTM. —� FABYC T MII9 A xSFnA @}MX.MOEMOSwOLt A co A=E ww 3 ERMOUNCE n �wx .xN a� wlpmlxW a NeiTW w,ISXruxcr 'MUD SWUNG GOOTTED WBfl o ® B�48' n JOINT III III 111 �I —I III—I NK VIII cpWIGUMM fL.mam°Ap� 1_ NR.DfY ` M.w0051nnrel¢m RENO FF� IA RVaMA,E CENTER STREET EDGE°FPAVSMEhR 'G 3 RRGVA'F m ORS CAVATO Na ep'mxmTAee¢ u3rwmplmOLALAVS aNwlwaol 1 / 2 cNu .. ILpOVIYBBR.p3 SILT PENCE STRAW BALE SEDIMENT TRAP xTG REVISIONS PREPARED BY: R CLIENT. PROJECT: PRODUCT NO: DESIGNUD BY: 3888T N0. v, d R 0 G I N A DON C. KALANT RBJ7.01 RA.S. 'M w® ® " " w° " °W ' °° ° KALANT OFFICE GRADING AND EROSION Q s A s a o c J A T E S. AL T B. 674 lf. YaTEESES PARHI/AYi 301TH e 03/27/07 D�P.J.T. 4 �� IS 0 Cn S. L T YORKMIEF IL 80580 SITE PLAN CONTROL PLAN ° le D.t4.Pm.. DON, . J°M°s WOOL, . SL5n39 % ST5r1sP-9YB3 830-553-1100 YORKVII.LE, IL scALe: c�camD Br: >_ 8 1"= 10' R.A.R. 1111nob Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 May 3, 2007 <egi a & Associates ttn• Richard- Scheffrahn 93-CaTe7pttharRo Joliet, IL 60436 Route: Illinois 47 Location: North of Center Street County: Kendall Permit Log: L-10877 Dear Mr. Scheffrahn: A review of your plan to remove/replace an entrance at the above mentioned location has been completed and we offer the following. 1 . Minimum 8" of bituminous required for entrance pavement_ 2. Minimum entrance width is 24'. 3. Please be informed that the right of way line for the future widening of Illinois 47 will be within 2' of the current home/office building. If you have any questions, please contact Rich Ballerini, Permit Section Chief, at 815-434-8490 and reference permit log L-10877. The office circulation process reviews IDOT construction projects as a first priority. This process can take six to eight weeks. Sincerely, George F. Ryan, P.E. Deputy Director of Highways, — •;I _ gion Two Engineer i ! By: Dan L. Mestelle, P.E. Program Development Engineer Reviewed By: Agenda Item Number 0.0 Legal ❑ C i T-Y A�D M I N I S URAT v' d I EST. , I 1836 Finance ❑ Engineer ❑ Tracking Number ' y City Administrator Consultan.0 ❑❑ COW 2007-35 Agenda Item Summary Memo Title: Ordinance Approving a Boundary Agreement with Montgomery Meeting and Date: City Council—7anuary,U.2008 Synopsis: Draft Intergovernmental Agreement between the Village of Montgomery and the United City of Yorkville incorporating Yorkville Plan Commission recommendations. Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Referred to Yorkville Plan Commission Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ,2 � Memorandum esr. 1 -, less To: Elected Officials O �, y From: Brendan McLaughlin, City Administrator p� Date: January 18, 2008 Subject: Montgomery Boundary Agreement CE At the November 27`h City Council Meeting, the City Council directed staff to contact the property owners that are between Yorkville and Montgomery to get their input as it relates to the boundary agreement. This direction came as a result of Mr. Dickson's request to be included in the Yorkville portion of the boundary agreement. Before the City Council deliberated further, they wanted the other property owners to be made aware that the boundary agreement was being considered. PROPERTY OWNER FEEDBACK Below is a re-cap of positions of each of the property owners. Shorty Dickson — Clearly wants to be in Yorkville over Montgomery but has no plans in the foreseeable future to have his property developed. He prefers to remain an unincorporated parcel. Dr. Amin Kahter — This property has received an approved annexation agreement and preliminary plat approval from Montgomery and then in June 2007 that same developer met with the Yorkville to see if a better deal could be struck on the same land. With the market downturn, no further progress has been made on this parcel. Robert Peters — He indicated that he wants to see a quality developer develop his land. He would prefer that his property all go to one city or the other. He is looking for whichever city would maximize the land value for his benefit. He would be willing to negotiate with either municipality to lock in fees to protect the value of his property. Mary Kattos — This property is held in a trust at First National Bank. I was not able to contact Mrs. Kattos. Montgomery indicates that in prior conversations Kattos had wanted to annex to Montgomery. Lawrence Slattery — His parcel is smaller in acreage and contiguous to the Hamman Parcel. He indicated that he would most likely sell to whoever develops the Hamman piece. Don Hamman — Don indicated that he would prefer to go to Yorkville. Ryland Home — This parcel is annexed to Montgomery. CITY POLICY CONSIDERATIONS The original intent of creating a boundary agreement is to establish a thoughtful planning method with natural breaks between cities. One benefit of the boundary agreement is to allow for planning of municipal services and infrastructure. Another benefit is to control the quality and type of development that is occurring in lands adjacent to our city. A third benefit is to prevent developers from negotiating between two cities in an effort to maximize their returns at the expense of inferior development standards and higher densities. For those reasons and others, Yorkville and Montgomery have negotiated a proposed boundary agreement. A boundary agreement is already in place between Yorkville and Plano. My understanding is that the boundary agreement runs down Eldamain Road and that the two cities struck the boundary line without seeking input or modifying boundaries based on resident preferences, but rather on sound planning principles. A similar situation occurred in setting Route 30 as the north-south dividing line in the Sugar Grove — Yorkville Boundary Agreement. In the proposed boundary agreement with Montgomery, the two staffs selected the section line just west of Dickson Road as the proposed boundary line for areas north of Galena Road. This line is a natural break as it divides the two sanitary districts. It is also a natural break as the Bristol Bay development includes regional stormwater facilities on its eastern border and provides a natural barrier to development to the east. There was discussion if there would be benefit to swapping the Dickson property with the western Peters property to facilitate the acceptance of a change to the proposed boundary agreement in light of Montgomery's approval of the boundary agreement and their prior indication that they would like to see all of the Peters' property develop in Montgomery. While this may be of benefit for political or negotiating needs, there are several challenges related to placing the Peters' property within the Montgomery portion of the boundary agreement. They include the impact of introducing property to be served by the Yorkville-Bristol Sanitary District into Montgomery. Montgomery indicated that they would want Yorkville to support a change in sanitary district boundaries to support the western Peters' property going to Montgomery. From an engineering perspective, the two districts have planned out their service areas and pipes are planned accordingly. While it may be possible to accept waste from this property, it would not be the optimal condition. RECOMMENDATION While staff recognizes and appreciates the Mr. Dickson' s personal loyalties to Yorkville, the sound planning principles associated with this boundary agreement support its passage as presented. As there are no development plans in the foreseeable future on the Dickson property and there is no requirement that the property annex to Montgomery, the property can continue as an unincorporated parcel. The ongoing agricultural use should be seen as a positive. Ultimately, if future generations of the Dickson family want to see the property develop they could seek an amendment to the annexation agreement or wait out the remainder of the twenty year term. cl; ' Memorandum J? n Oti To: Brendan McLaughlin EST 1 1836 From: Travis Miller CC: Kathleen Field Orr 4 [� n v1 Bart Olson 9 ?0 Date: January 11 , 2008 LE Subject: Montgomery Boundary Agreement As you are aware, staff has met on several occasions with the Village of Montgomery staff beginning in July 2007 to discuss and draft a Boundary Agreement between the two jurisdictions for consideration of each Municipality. City Council reviewed a draft boundary agreement October 9, 2007 and requested the review and input of the Plan Commission prior to taking final action on the agreement. The Plan Commission conducted a Public Hearing November 14, 2007 regarding this agreement. Concerns were raised by the Plan Commission regarding the unincorporated Willowbrook subdivision lying between the communities and felt this community should be left unincorporated. The Plan Commission recommended approval of the boundary agreement as presented subject to a provision be added to prevent either community from force annexing the Willowbrook territory between the communities. Attached is the draft agreement including the provision recommended by the Plan Commission. This draft was approved by the Village of Montgomery Board in November 2007. The Plan Commission recommendation along with the draft agreement was reviewed by the City Council on November 27, 2007. City Council expressed concern that the effected property owners were not notified of the agreement nor of the location of the boundary line being considered and I understand you have been in contact with most of these owners since this meeting. There was specific concern raised regarding the exclusion of the Dickson property. Attached is a map depicting the location of the Dickson property and it' s relationship to the current Yorkville corporate limit. A few points related to this property should be considered as the boundary line is being considered: The existing street layout of Bristol Bay would prevent a feasible roadway connection to serve this property. Although roadway connectivity isn't a requirement for territory as long as the territory is contiguous, it does raise a practical issue of accessing the territory via another jurisdiction. The stormwater swale along the eastern boundary of Bristol Bay would prevent feasible utility connections to serve this property. The water main would need to be installed beneath this swale. This crossing would need to occur in two locations in order to maintain a loop in the system. as Proposed Boundary Location I Stormwater Swale i i - i II! l United City of GIS the Date le provided without warranty or any representation of N accuracy.timeliness,or completeness.R is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. ' STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND THE VILLAGE OF MONTGOMERY, ILLINOIS WHEREAS, it is in the best interest of the United City of Yorkville, Kendall County, Illinois, to enter into the Intergovernmental Agreement between the Village of Montgomery and the United City of Yorkville, pertaining to land lying between their present municipal boundaries (the "Boundary Agreemen("), a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the statutory procedures provided for in Division 12 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said Boundary Agreement have been satisfied; and, WHEREAS, the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities"), after due investigation and consideration, have determined that entering into the Boundary Agreement will serve the public good, benefit the United City of Yorkville and be compatible with the future development of the United City of Yorkville. 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 Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance, as well as the preambles contained in the Boundary Agreement. Section 2. The Boundary Agreement is hereby approved in the form attached hereto as Exhibit A and made a part hereof and the Mayor is authorized and directed to execute, and the Clerk is directed to attest to the signature of the Mayor to said Agreement. Section 3. This Ordinance is adopted pursuant to the provisions and procedures set forth in Section 11 - 12-9 of the Illinois Municipal Code (65 ILCS 5/11 -12-9). Section 4. The City Clerk be and is hereby authorized and directed to file a certified copy of this Ordinance and the Boundary Agreement, after execution by all parties, in the Office of the Clerk of Kendall County, Illinois, and record its approval by the City Council in the records of the City Clerk and retain three executed copies thereof. Section S. This Ordinance shall be in fall force and affect after certified copies of this Ordinance have been filed with the County as provided for in Section 4 of this Ordinance and as further provided by law. The Boundary Agreement shall be in full force and affect after its execution by the parties hereto and recordation in the office of the Clerk of Kendall County. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. ATTEST: CITY CLERK INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MONTGOMERY AND THE UNITED CITY OF YORKVILLE THIS AGREEMENT is entered into as of the day of 2008, by and between the VILLAGE OF MONTGOMERY, Kane and Kendall Counties, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Montgomery"), and the UNITED CITY OF YORKVILLE, Kendall County, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Yorkville") (collectively referred to as the "Parties"): RECITALS WHEREAS, a portion of unincorporated Kane and Kendall Counties between Yorkville and Montgomery is a rapidly growing area in Illinois; and WHEREAS, developments under way or in various stages of planning are creating unusual growth opportunities between Yorkville and Montgomery; and WHEREAS, Yorkville and Montgomery realize that current plans and opportunities for development will be accompanied by significantly higher demands for transportation, police, utility, and other municipal services and financial commitments to meet the necessities of such services; and WHEREAS, the Constitution of the State of Illinois 1970, Article VII, Local Government, Section 10, provides for intergovernmental cooperation in and authorizes units of local government to obtain or share services to exercise, combine or transfer powers or functions in any manner not proscribed by law or ordinance, and authorized units of local government to use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act provides for the joint exercise of powers, privileges or authority by units of government and provides for intergovernmental contracts; and WHEREAS, Section 11- 12-9 of the Municipal Code (65 ILCS 5/11 - 12-9) provides for the adoption of agreements establishing the boundaries for jurisdiction between municipalities in accordance with the provisions stated therein; and WHEREAS, Yorkville and Montgomery recognize the need and desirability to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and 1 WHEREAS, Yorkville and Montgomery, after each publishing and holding all public hearings required by law, have authorized, by ordinance, the execution of this agreement, as an exercise of their respective authority and as an exercise of their intergovernmental cooperation authority under the Constitution of Illinois; and NOW THEREFORE, in consideration of the mutual promises and obligations recited herein, it is agreed between Yorkville and Montgomery, as follows: 1 . That the boundary line between the two municipalities for the unincorporated area lying between them, for annexation and municipal government planning, subdivision control, official map, ordinances, and other municipal purposes shall be as shown on Exhibit A, attached hereto and by reference incorporated herein, and approximately described as follows: A BOUNDARY LINE RUNNING THROUGH THAT PART OF SECTIONS 1 , 21 3, 4, S, 6, 9, 10 AND 11 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CURRENT CENTERLINE OF GALENA ROAD AND THE WEST RIGHT OF WAY LINE OF ORCHARD ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST LINE OF SAID SECTION 9; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF SAID SECTION 4 TO THE SOUTH LINE OF U.S. ROUTE 30; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF ILLINOIS ROUTE 47; THENCE WESTERLY ALONG THE SOUTH LINE OF BASELINE ROAD TO THE EAST LINE OF ASHE ROAD FOR A POINT OF TERMINUS OF SAID LINE. 2. Except as otherwise provided herein, Montgomery shall have jurisdiction with respect to property lying easterly and northerly of the above-described boundary line, and Yorkville shall have jurisdiction of the property lying westerly and southerly of the above-described boundary line. On or after the date of this Agreement, neither party shall annex territory which lies within the jurisdiction of the other municipality as established by such boundary line, nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinance. This boundary line shall not require a municipality to exercise control over the property on that municipality' s side of the boundary line, and shall not prohibit such municipality from negotiating additional boundary line agreements with other municipalities that may surrender such jurisdiction to another municipality (e.g. Montgomery may agree to cede jurisdiction to some property on the northerly and easterly side of the boundary line to Sugar Grove or Aurora and Yorkville may agree to cede jurisdiction to some property on the southerly and westerly side of the boundary line to Plano, without doing so being deemed a violation or inconsistent with this agreement.). Neither municipality shall object to the other municipality's request for an amendment of any facilities planning area in respect to land located on the requesting municipality's side of the boundary line. 3. To apply consistent development standards for the area depicted by Exhibit B as follows: a. Residential Standards i. Single-Family Detached Residential Unit: 1 . Materials 2 a. Primary structures shall be constructed upon either a basement or foundation — ' slab' construction shall not be permitted. 2. Design a. No units shall be similar in appearance unless two or more buildings of dissimilar design separate the units. b. All newly installed utility services shall be underground. ii. Multi-Family Attached Residential Unit: 1 . Reserved 2. Design a. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. b. The height and scale of each building shall be compatible with its site and adjoining buildings. c. All newly installed utility services shall be underground. d. Common open space and pedestrian features/amenities, such as covered walkways, street fimriture, and bicycle rack facilities are to be encouraged. iii. Density 1 . If a developer participates in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be four (4) units per acre, or an appropriate density agreed upon by the Parties during the design review period. 2. If a developer does not participate in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be 2.25 units per acre, or an appropriate density agreed upon by the Parties during the design review period b. Non-Residential/Commercial 1 . Materials Premium siding materials (brick, stone, cultured stone, split face brick, architectural block, natural wood siding, Fiber cement siding, synthetic stucco) or Pre-Cast shall be incorporated on at least 50% of the total building. 2. Design a. Use of windows or the impression of windows on all sides of the building are to be encouraged. b. Buildings on outlots shall incorporate the style, materials, and/or design elements of the main building. 3 c. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. d. The height and scale of each building shall be compatible with its site and adjoining buildings. e. All newly installed utility services shall be underground. f. Common open space and pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are to be encouraged. g. Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principle commercial building is required. h. Rooftop mechanics shall be screened (as viewed from ground elevation at the property line) and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. i. Ground level mechanics shall be screened by landscaping and/or fencing. In addition to the properties listed on Exhibit B, Yorkville shall make a good faith effort to amend its annexation agreement with the property owner of the property located at the corner of U.S. Route 47 and U.S. Route 30 (commonly known as the Schramm Property) to require the above standards to be applied to said property. If such an amendment is successfully achieved by Yorkville, the provisions of this paragraph shall likewise apply to the Schramm Property. 4. To allow for comment, each municipality shall promptly notify the other of any proposed or contemplated change to, including, but not limited to, proposed zoning districts, and development plans for the properties listed on Exhibit C in order to foster intergovernmental cooperation and insure the compatibility of land uses along said boundary line. The type of proposed or contemplated change will determine the comment review period as follows: a. Preliminary Subdivision Plan and Plat, and Zoning Changes Approval Review: Comment Period — allow 15 days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 60 days without the consent of the municipality with jurisdiction, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. 4 b. Site Plan/Development Approval Review: Comment Period — allow five days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 45 days, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. 5. The Parties agree that so as to coordinate transportation related issues to adopt and comply with the following (including, to the extent legally possible, requiring all developments to comply with the following): a. If not previously adopted, Exhibit D shall be adopted as each community's transportation and access plan for full intersection access points 1 and 2 (as depicted on Exhibit D) onto and from U.S. Route 30 between U.S. Route 47 and Dickson Road within 60 days of passage of this Agreement (said access points are subject to reasonable latitude in positioning as long as each adjacent parcel to said future roadways as shown on Exhibit D is insured access to the roadways constructed from said access point). b. Coordination (and reasonable transitions of roadway widths and designs) of road stubs in adjoining developments to insure continuation of all boundary roadways including, but not limited to, Concord Drive extending west from Montgomery. c. Require, to the extent legally possible, all developments to install and coordinate bicycle paths in accordance with Exhibit E. To the extent, that either municipality designs roadways and/or bicycle paths independent of a private developer, the municipalities shall also comply with Exhibit E. This shall include requiring a connecting bicycle path along the Com Ed power lines (which lie south of U.S. Route 30) which shall have mutually agreeable design standards, as depicted on Exhibit E. 1 , and, at a minimum, be 10 feet wide. Should the Com Ed power lines be unavailable for said route, the Parties shall utilize their best good faith efforts to agree to establish a mutually agreeable alternate route for bicycle paths. d. Each municipality shall support the widening of U.S. Routes 30 and 47 within their respective jurisdictions and shall support said widening in the other Parry' s jurisdiction to the extent possible. e. U.S. Route 30 and Galena Road constitutes a shared border between the Parties and the Parties acknowledge that there are one or more intersections for roads crossing or intersecting U.S. Route 30 and Galena Road that will require improvements as properties on either or both sides of the shared border are developed. The Parties agree to require either in an annexation agreement, or to the extent legally possible for property already annexed, any developer whose development is either adjacent to and will access U.S. Route 30 or Galena Road or adjacent to one of the intersecting roads for U.S. Route 30 or Galena Road and 5 whose primary access to either of said highways will be from such intersecting road, (i) such developer to pay its Pro rata share, reimbursement and/or recapture for the actual costs of intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles), to be paid to the other municipality, and (ii) such developer to pay its Pro rata share, reimbursement and/or recapture of any costs of other intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles) along U.S. Route 30 which have been previously installed by or at the direction of the other municipality to be paid to the other municipality. "Pro rata share" shall be defined as 25% for each corner of a four way intersection. 6. Both Parties shall cooperate with the Yorkville Community Unit School District #115 to attempt to locate a Middle School site consisting of 30 acres. 7. Prior to drilling, or allowing third parties to drill any new water wells within one-half mile of the above-described boundary line, the Parties agree to confer and, using generally accepted engineering principles, not locate, or permit to be located by third parties (to the extent legally possible) any wells that would materially interfere with the operations or supply of other wells within one-half mile of the above-described boundary line. The Parties shall also meet to coordinate all new wells (regardless of their non- interference with existing wells) to avoid interfering with each other' s future well and water plans within one-half mile of the above-described boundary line. The Parties shall compel developers to design and install emergency cross-connections of watermains on boundary line developments. Said cross-connections shall only be opened and utilized upon the consent of the Village Manager/City Administrator of both municipalities and only for so long a period of time as is consented to by both municipalities Village Manager /City Administrator. 8. Yorkville agrees to consider allowing, and Montgomery agrees to consider allowing the tributary developments as shown on Exhibit F to utilize the Raymond Regional Basin for storm water management. A tributary development designed to utilize the Raymond Regional Basin shall be responsible for conveyance of storm water to the basin area (provided however that adequate downstream conveyance is provided) and shall contribute funds necessary to excavate volume capacity and/or other facility appurtenances at a rate of $ 15,000.00 per acre foot of volume generated by the participating development. This rate shall be evaluated when each development is approved to participate and adjusted accordingly based on the Engineering News Record cost index. All properties being served by said basin shall be treated equally by the Parties as to rates. Should a particular development utilizing Best Management Practices avoid or reduce the need for storm water detention through the use of strategies, including but not limited to, permeable pavement, rainwater basins, and other environmentally conscious strategies, said development shall not be prohibited from using such strategies in lieu of said regional basin. Additionally, should the order of development prohibit utilization of said regional basin for any particular landowner, 6 Montgomery shall notify the Yorkville City Administrator and following a 30 day period not be required to compel said developer to utilize said regional basin. Participating developments will be required to pay a proportionate share of the maintenance costs related to the stonnwater detention benefit of the Raymond Regional Facility based on the volume served by the basin. All properties being served by said basin shall be treated equally by the Parties as to said costs. The amount assessed shall be based on the actual costs of maintaining said basin (taking into account the need for appropriate reserve funds). A dormant or back-up special service area ("SSA") (including a provision for a 10% administrative fee to be retained by the Party imposing and processing said SSA) will be required to be established to ensure funds adequate to maintain the storm water basin in perpetuity are accessible to Yorkville, therefore, Montgomery and Yorkville agree to allow such provisions be incorporated into the annexation agreements for the tributary properties. 9. This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed zoning changes within one and one- half miles of its corporate lunits as provided for by State of Illinois statutes. 10. This Agreement is not one intended to benefit a third party, and no third party beneficiary shall be deemed created hereby. This Agreement is binding only upon Yorkville and Montgomery, and their respective successors and assigns. Nothing herein shall be construed as a limitation on the right of either parry with respect to its boundaries with any other municipality or unit of local government. 11 . Neither party shall either directly or indirectly seek any modification to this Agreement through court action. This Agreement may not be changed orally. All modifications to this Agreement must be in writing and must be signed by each party. 12. If any provisions of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 13 . Both Parties acknowledge that pursuant to the current provisions of 65 ILCS 5/7-1 - 1 , the annexation of any territory adjacent to any road or highway not already within the corporate limits of any other municipality automatically extends the boundaries of the annexing municipality to the far side of the adjacent highway. To the extent that the provisions of 65 ILCS 5/7-1-1 would result in the automatic annexation of any portion of a highway lying within the other municipality's Jurisdictional Area, the provisions of this Boundary Agreement shall not bar such highway annexation, however the Parties shall file all necessary petitions and otherwise work together to disconnect any portion of a given highway from the municipality and connect said highway to the municipality with jurisdiction of the given side of the boundary line herein established. 7 14. This Agreement shall be in full force and effect for a period of twenty (20) years from the date hereof and for such further and additional time as the Parties hereto may hereafter agree by amendment to this Agreement. 15. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with appropriate County Recorders, County Clerks, and others as their interest may appear. 16. If either Municipality successfully enforces the provisions of this Agreement against the other Municipality by judicial proceedings, the prevailing party shall be reimbursed for all costs of litigation, including reasonable attorneys' fees and court costs, by the losing Municipality. If litigation should be initiated by any third party challenging this Agreement, or any application thereof to any person or territory, the expenses of defending such litigation shall be shared equally by the two Municipalities. The defense of such litigation and the choice of attorneys shall be controlled by the Municipality whose annexation is being challenged or from whose territory land is to be disconnected. In the event the other Municipality desires to engage additional counsel to defend such litigation it shall be at its own expense. Venue for all litigation related to or arising out of this Agreement shall be in Kane County, Illinois. 17_Neither Party shall pass an ordinance causing a non-voluntary annexation pursuant to 65 ILCS 5/7- 1 - 13 to annex the properties (or and o�rtion of said oro erties shown on Exhibit . This urrovision shall not bar an annexation of said prom ep r�ties pursuant to other statutory methods where property owner consent is required (in whole or in part) or where the public health or safety quires said annexation (including, but not limited to, groundwater contamination pursuant to 65 ILLS 7- 1 -5 .2). IN WITNESS THEREOF, the Parties hereto have caused the execution of their duly authorized officer this day of , 2008. UNITED CITY OF YORKVILLE VILLAGE OF MONTGOMERY Kendall County, IL Kane & Kendall Counties, IL Mayor Village President ATTEST: ATTEST: City Clerk Village Clerk 8 Feet I 0 1,000 2,000 4,000 6,000 t _ J / Marbil/ '_° Fairfield RF. Shetland Fdi E = l a Turnberry oattey i °� Foxmoor Simpso" Q Can ton 'ndettP ing co r r _ L — ®RIAM LL Kate L �3=T Add Z \am _ 3 w SNAUNA T1 i Troon CALIEN&j oz YJhirlaway- - drop MPtLGO �Q rJ �/ �Sc \oo�aa� GP I "Jacob CO 1 - `Amslet I Y $ c p 0 7race AVALON c—j` Jay c r` -Rile Y Galena_. �- Concord Y co n rn R v — guch ate. t r y PROVIDENCE 9 �pVEI`� a° 3 = y G G Galena , — c m L f _ — Venetian o rn �O E 9 C-ONGO mo \ i in w p o II Patterson 25 2 J I � o gig Bend Juanita of Julie- '-- I t h FOSfef � Peu � PSG m Comells Village of Montgomery N N Community Development B I ay BOUNDARY LINE EXHIBIT A Department MONTGOMERY AND YORKVILLE .� .., - � Montgomery,IL 60538 (630)89&8080 ,,u.,.m..�..... no. cufr aEVarom' -"- Marl) m Fairfield "Shetland U ^ E Turnberry �ey _ 7m W Foxmoor jl{ Cand�e� N Smp$pO I y n ! m �z. O r{ d N +0,7 %ndetty Z 7mg 7 aaaa ■ a ■ a • ■ a M sa ■ a3t) ; ■ a r z 6RIAN Kate LL h Adam _ yr`� -� IL \2m m L) Frances pAKMONT SHAVNA `� FI- Troon • hST C i ;;77 ; ■ -o �� qc< C, � O e\d Whlrlaway m 'Da.J-IeathP PRCOP O= ; l _ \O°� cc T O w Secretariat M r I ei m '0 0 a Jacob Amst U m o p a m m N AVALON 0 Je c° �. ■-�..■. °ce o Riley o tr ASTOR SAVOY :E m c '7 0 O y Barrett Plymo Concord � Z Z $° b ® �a� -0 PROVIDENCE G rnG�� — MAYF (9 �� `°�' Bristol Bay E e r, Bucha p .PL,9 !9 q - Galena G yep _ m' ` • Venetian o m m �O er "' ° • E = n M Pi _ CONGO - 1 - I� ■ r. O O CD Pensacota's'i Huntington Patterson z yam:' 11 I1 t Manchester z i __ h`! gig Bend Juanita x I rh1" l ` f --I Pecos -T Cypress r ti'y_ # _ , f I I � e�O Julie i m 'z 4 4..'y�,y., _. o cc t L F° I 0c° A T �1 ,I II pbe §Ign Standard I I I L NA G' t'•_ Highland =- Application Areas a%a �'I' __- T raFrr ;ht_ �I 0 tj41'a A Fee 0 800 1,600 I 3,200 4,E 00 I. r: ti k � I I I Village of Montgomery Legend MONTGOMERY AND YORKVILLE N Community Development DepartmE'It ' MONTGOM DESIGN STANDARD 1300 S.Broadway a ■ ■ EXHIBIT B Montgomery,IL 60536 Design Standard App, Areas APPLICATION AREAS _ (630)896-8080 ■ M1O. GATE N£V(SNYIS r d y Turnberry! tkeY ( L Foxrnoor r T1 d\m�0si� Z Simpson �a + Can -n ps°h O 3 toy -�,ndett6c' z ~^ling r■ r■-r1-■ i-■ f t■ E■- ■ apt-a ■ W ■ g. -- O 3; Kate RIA/y LL ILs�I I m Adam am l Schram Peters Kattos Tr 0 Frances OAkMorVT SHAUNA O `St f 3ti ei ,'-i fr West ell * 0 Whirlaway o �• �}ieatha) RC'P�u O a O w C MP h ' f Po m N Secretariat ;U 4 Q Schram Peters t C M Jacob a m m m AVALON �y ■ ■ a ■ ere ■ ■, East Kahter r " o Rile m W o 0J lf JarrLtt Pfymo Concord Y a rr ASTOR SAVOY z m c RO}��O t 0 PROVIDENCE m �� ' MA'f G 0 �� aF Bristot Bay a E -- . gucha° c m Galena tea m �° ■ Venetian o = m R� E c° Pier t m e -° v CON Pont m �a cn g O co �+ �)p kSnv Huntington Patterson = 7- - --_ -_-- l Pensa 1 I — _-- 4,�- � Manchester • ��• •1 i � off, r-� 09 Bend Juanita a 5 : Pecos A �' s Cypress + * . G`W� Julie ° I r ' a J . _# �. % ri I oy 6r I �z `p°erg ,e�.11•. Ei�3�� Review Process - - - '� Areas Ryder , • ' ___ _ __:- '_ _ , IT --- I --- T - --r +�l f . 0 800 1,600 3,200 4,80C 11 I' - . l- _ f*,I 'r X _ `�' -lx'' - f Lil Village of Montgomery N Community Development Department Legend MONTGOMERY AND YORKVILLE w EXHIBIT C MERY 130o S. Broadway .. Nlon630)8y, 8 60538 one Subject to Mutual Review Process REVIEW PROCESS AREAS (630)896-8080 ■ ■ I w. RENSfONS PRAIRIE CORNELL �3 Je'Nrl of ROCHESTER KNELL -- O ✓FRiCNO 3� © AUCUTT E arbily. Fairfield Shetland m my' Turnberryk e60 T K e N FoN x noor nnedy 0p 3 O 2 Can eer SrmsoSTAR m L n d K �a o o1ndt� g+on A soakto n � BASE LINE 30 BRIAN LL Kate g m Ad u `am W U 3 Oq{6MONT &HAVNA C9 (J © O Troon 410 °\°d e� t a a a F U kTE PILLAR 0 C, O O EN Whirlaway ° A N n O z 0 Margaret � O Y � Secretariat M 0 Amst o Jacob U ¢ °` N m AVALON Jay ace g Barrett Plymo O Concord RiIQY o ASTOR SAVOY M RO}�v� E oc c m° s PROVIDENCE 03 � MAYF �a \gc `� Bristol Bay B Buchan p GP�9 Galena 0 1z Venetian o = rn O�0 pierpont m in -6 m0 CONC Huntington Patterson Gq�FNq o Pensacola a Manchester = 0 vig Bend Juanita of a —0 O 3± Pecos Julie Y Cypress Feet `i ee Light 0 1,050 2,100 4,200 6,300 + Village of Montgomery © E Sao N Community Development Department 0 MONTGOMERY AND YORKVILLE NTGOMERY 1300 S.Broadway ®"-° TRANSPORTATION EXHIBIT D Montgomery IL 60538 (630)896-8080 �^� AND ACCESS PLAN ' -• nn. me aEVmmxs pert°h° v IV arbil/ m Fai field Shetland %yh mr Turnberry� arteY a: m F xrno°r O - W STAR Candle\\ u d n +°n �indetl z 11ing A BASE LINE 30 I gRIAAI A Kate o Ad `yam v 3 OgkM NT SHAVNA Tr on �l Me\d 4 WN /� �LIENOO �� °� C Whidaway m °o ret C �o m Secretariat 7) rrMar� �aa '� Jacob Amste `D AVALON Jey ace Riley a � ASTOR SAVOY m Ro��O Barret Plymo d— Z Z �" -U PROVIDE CE as rn MAYF z oLBa c _ y O G —°` — Buch vm v f M Gal en a Venetian o m PierPont '10 m in = CONCO� o = O A o unlington Patterson Cn Za Pensacola _ � Manchester Z U °n o O a0 6 g Bend uanita x n Cypress r a Julie 2 � m Foster CA�FG Highland A m a U° Gq�FNq °\4erine Village of Montgomery 0 462.5 925 t, o MONTGOMERY AND YORKVILLE N Community Development Department � NONTGOMERI 1300 S.Broadway — Bike and Pedestrian Paths BICYCLE AND PEDESTRIAN EXHIBIT E - Montgomery,IL 60536 (630)896-8080 PATH PLAN m.,m...._ W. DATE P.EV(SIONS V3 1181HX3\1N:IYG]HOV kNVONnOB 311IANNOA A–B£LOOW\LOOZ\3WOO1NOW\OiiEind\ :0 :470d Li 0 �IZ < � 0 ¢ w ? ,_ .j LLI� _ � m W D (=n0 z of w wJ0 x 0 QO 10 W D!f Of o � v M s wHCD w �— w 0 ¢ w i- 0 tn � Of �jWp Um m 0 Y) — ry CD 00 W Y � � m Z0 ¢ wwa o 11 j0 C) om 0 0 J 11111= p LL. 0 0 U U — w ZO ww LL. C) HV) YwU) � U Z <C — ¢ w Z = 0¢ m � QD m00 U) 10011 zm 0 � 0 plz � � IIIIIIv � � w � cn ow o o .` I11 of 0w � U V) III w 0. � zow m � QOm v II w o PoA w Z ¢pClOz Ory 0 ao O � � p Uz N MII . . 0 O — 0 O ��( Z = UQU NU � III w Q ¢ v 01111_ W — U � Z w w Z o; w = w0. 0 � mcnU a$4 EE w z w w f— _ n 0 C � N LL F- 52 x WW . >- EL O U L43 IIBIHX3 :gol – solo0 wl[` :�E] Wd LZ : L 0 LOOZ ` LZ jagwa}dag :pa}}old J Icana\e.Ar Q N Si nPson y If`� -a N N m +nn \ndette0 z '/ing o ■ ■ ■ Maisano ME-o-iaagbnn Ran. — - — r-� -�"- g RIAN � " ' Y `? Kate EBEC U. J L Adam R Cq .am 1S) j I� Schram Peters Kattos U Frances OgKMONr SHAt)fir. yI West Troon �, � tj 4 _; T a ■ o v T90 # fve\d 9 0 a� Whirlaway �. �vyieaih9 PROP </FAD v � o - l l_I U m Secretariat 1 Amste ae Schram Peters o Jacob y + M East Kahter �I dce a o SAVOY=0 0 Barrett Plymo� Concord ASTOR z m c r PROVIDENCE 03 rn yF JI o° 3 ce �' o Gp 9�i MA Galena co \4 ` Bristol Bay E Bucher m 9 ` Venetian jf .: o x m RO !I `- E 'o L Pierpont '1 m r in O CONGO y: o /'^ I x Dickson ■ ' a �— q luntington Patterson m a Pensacola 1 1 r � Manchester ° rr O E� ' -.,, I ■ a rg`g Bend Juanita r i a 1s/I # .w --- �- -_--_�I �-r1�_ �r Pecos � . y cypress I ITF tine i d. 7:___ XA �II J�erN Hunt o_ Nathan f�-s.. ._ � _=- - - North io a I'I I UJ rte.. - _ Il _.G E �J —'�r _-4�5'=5 � � •SO I m f rnmmP 1 =+ _ r .� I I (M1;`'_-�. 4—Jr -1 L ::•4� ' MEN= Feet a,ll - -_ I ` 0 800 1,600 3,200 4,800 r ' _ _____- F _'.'�_-s • r ,� -4,, ...i # .;.. soa- Keaton �'�I'r _ _ _ _ T J� .``'" '' '1tr i �'I',r:{I y�iIlT1 II L.II� + Village of Montgomery T w N Community Development Department Legend MONTGOMERY AND YORKVILLE TGO 1300 S.Broadway M�PossibleTributaryAreas RAYMOND REGIONAL BASIN EXHIBIT F Montgomery,IL 60538 ■ ■ (630)896-8080 ® Raymond regional Basin NO. M1E PFVLTIONS cl)y Reviewed By: Agenda Item Number J a O T Legal ❑ esr. � 1836 Finance ❑ Engineer El Tracking Number X09 �� Gl City Administrator ❑ a� �O Consultant ❑ ❑ ADM 2007-96 <ILE Agenda Item Summary Memo Title: Ordinance Authorizing the City Council to Retain Independent Legal Counsel Meeting and Date: City Council—January 22, 2008 Synopsis: Ordinance establishing a Legislative Attorney Council Action Previously Taken: Date of Action: January 10, 2008 Action Taken: Reviewed by Administration Committee Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: e'Ty�-a Memorandum esr 1 `„ isas To: Elected Officials O From: Brendan McLaughlin, City Administrator 9 q� Date: January 4, 2008 Subject: Legislative Attorney LE At the December Administration Committee meeting, it was requested that staff finalize a report on how a legislative attorney position can be established. This memo finalizes the direction provided by the Administration Committee. PROCEDURAL OUTLINE 1 . At budget time a set amount will be established for Legislative Attorney services. The figure proposed is $ 10,000. At $ 150.00 per hour this would provide roughly 66 hours of service. 2. The Alderman will select an individual to serve as Legislative Attorney should the need arise to seek an opinion in addition to the opinion provided by the City Attorney. 3 . In order for an Alderman to seek an opinion from the Legislative Attorney, that Alderman must gain the approval of three other Alderman prior to engaging the attorney. The Alderman seeking an opinion must place their question in writing and submit it to the City Council. Upon written confirmation from three other Alderman to forward the question to the Legislative Attorney, the Alderman seeking the opinion shall submit the request to the Legislative Attorney. 4. The results of the Legislative Attorney' s Opinion shall be in writing for review by the entire City Council (Mayor and Alderman) and a copy shall be provided to the City Attorney and City Administrator when it is completed. An ordinance establishing the position of Legislative Attorney is attached. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2008 - AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO RETAIN INDEPENDENT LEGISLATIVE COUNSEL IN THE UNITED CITY OF YORKVILLE STATE OF ILLINOIS WHEREAS, the United City of Yorkville is a municipality located in Kendall County, Illinois; and WHEREAS, the City Council may, from time to time, have divergent views and perspectives on issues coming before the Corporate Authorities due to political, philosophical and policy making differences from that of the City Mayor; and WHEREAS, the City currently retains a City Attorney who serves as the primary legal counsel to the City Council, and is appointed by the Mayor; and WHEREAS, the Alderman, from time to time, in the exercise of their legislative duties, may wish to seek independent legal counsel; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows: SECTION 1 : It is in the best interests of the United City of Yorkville for the City Council to retain legislative counsel independently to advise the Aldermen on matters relating to their legislative duties which may include, but are not limited to, the drafting of ordinances, opinions on the powers of the legislative branch, analysis of the validity of actions taken by the City, review of litigation issues and providing other advise on matters within the purview of the legislative branch of municipal government. SECTION 2: The Alderman shall each be authorized to direct written questions to the independent legislative counsel upon prior approval of four Alderman, after such questions have been presented to the entire City Council. Furthermore, the written legal opinion shall be communicated to the City Council, City Administrator and City Attorney. The independent legislative counsel will indicate on their invoices the Alderman who initiated the contact with them and will also provide a general description of the services provided. SECTION 3: The independent legislative counsel shall be retained as an independent contractor at a rate authorized by the City Council. SECTION 4: No department or office of independent legislative counsel is hereby created. SECTION 6: If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. SECTION 7: All other ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall be in full force and effect from after its passage, approval and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2008. ATTEST: CITY CLERK ,? 0 Memorandum EST = : 1836 To: Elected Officials 4 , y From: Brendan McLaughlin, City Administrator a� p Date: January 4, 2008 <LE Subject: Legal Bills History At the December Administration Committee meeting, it was requested that staff prepare a summary of legal bills for the past five years. An analysis is attached. I did separate Landfill costs from the rest of the legal bills as this is an extraordinary cost center. United City of Yorkville Attorney Analysis - Fiscal Year by Project SEYFARTH & SHAW FY04 FY05 FY06 FY07 FY08 ARO 1,097.50 Human Resources Matters 12,078.31 14,326.33 16,148.58 7,642.10 6,059.93 Police Labor Matters 10,955.54 5,099.18 16,912.62 41,015.91 7,937.20 11 , subtotal 3 . , „23,033.85 20,523. 01 ', . ,-33061.20 , '_48,658.01 ; 13,997.13;, KRAMER, DANIEL ARD 77,862.61 37,832.64 117.00 Administrative Matters 12,614.00 19,314.75 537.00 7,250.00 7,941.97 Police Matters 980.00 Community Development 5,935.00 21,860.00 845.00 2,697.98 Sewer Improvement 3,230.00 19,975.00 230.00 Water Improvement 7,140.00 4,341.00 Street Matters 1,200.00 Land Cash Matters 892.00 Land Acquisition Matters 830.00 Park Matters 200.00 subtotal ! _ 107,761.61 ` 106,44.539 1;729.00 , � 7,25U0 10,63995 :_ WYETH, JOHN JUSTIN " ARO 1,400.00 15,807.50 51,075.00 53,450.00 5,025.00 Aministrative Matters 2,840.00 15,187.50 49,237.50 102,175.00 9,637.50 Police Matters 75.00 450.00 Community Development 1,360.00 7,598.75 19,462.50 Streets 37.50 Sewer Improvement 1,350.00 11,475.00 6,712.50 Water Improvement 825.00 11950.00 Parks 21175.00 1,312.50 Library 862.50 _ subtotal ; ' 5,600.06 - 40,843.75 136;725.00 x63,650.00 ' 14,662.50 . ICE MILLER ARO (Billable) 6,830.00 Montgomery Boundary 2,280.00 Various Admin. Matters 51,198.72 suLtotai 601308.72_ WILDMAN, HARROLD,ALLEN & DIXON ARO (Billable) 3,630.00 Parks 600.00 Various Admin. Matters 29,346.13 subtotal,: 33,576,13 ,. ,.. _ . . ORR, KATHLEEN ARID 178.25 7,722.50 TIF Matters 31.00 4,048.00 6,144.50 51439.71 11,015.50 Various Admin. Matters 31.00 4,896.00 172.50 6,674.20 Fox Industrial 488.75 10530.00 1,304.10 Countryside Tif 824.50 90.00 subtotal ` " .'` FOLEY & LARDNER - Rob Roy Bond 76,500.00 Sunflower SSA 4,810.50 ' - ..75,500.00 . . : " 4 810 56 x ? subtotal '- _ "' , -; _ a - . - . r GARDNER, CARTON & DOUGLAS Hydraulic Bond 1,100.00 Wetland/Solid Waste 262.73 15,162.09 17,593.87 Radium Compliance 8,609.06 9,975.44 2,478.00 Weiten Dorf 4,791.60 _ , subtotal;-._ . . - . 9,971.74 , , 29.9291.3, :,2lZO7f $7 = HERVAS. CONDON & BERSANI Sugar Grove Boundary 18,897.14 27,558.67 4,139.73 Various Legal Matters 22,557.26 32,420.03 Sibenaller vs. Mllschewski 8,038.92 subtotaF; „ , ',;.. . . ,. ::; . . _ .,. 18;$9714 50116,43. '._ 44,598,68, , KRENTZ & KRENTZ Griestnan_n Easement PICCONY. GARY,.. . .. Scheme Rnnexatmrt ; 65.0006 - PEREGRIN STIME, NEWMAN & RITZMAN M _ TOTAL BYYEAR ,__, _, .,_, ,_� 148340 0U ._, _21Q,QaQ33„ ,,. , 30U 37921 ,,.__ 286,19665 197,826.9Y United City of Yorkville Attorney Analysis - Landfill Costs by Project FY04 FYOS FY06 FY07 FY08 CLARK. LARRY ANCEL. GLINK T BENSON SandfU � �. �SY,$2453x BEAL, BROOK Landfi➢�. . ,' ,.. .. " ., - S 250 (R!e SCHILLS r a WYETH. JOHN JUSTIN 1556 SO ,_r . 33060 =" ICE MILLER WILDMAN HARROLD, ALLEN & DIXON LandtOl —i. . 7,7 TOTAL 15,562.50 349,493.19 C/J.y Reviewed By: Agenda Item Number if J� C T Legal ❑ EST 1 isss Finance F-1 - Engineer ❑ Tracking Number L� Gi y City Administrator ❑ Consultant ❑ ADM 2007-97 <<E �V Agenda Item Summary Memo Title: Number of Aldermen and Redistricting of Wards Meeting and Date: City Council—January 22, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: January 10, 2008 Action Taken: Reviewed by Administration Committee Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: o� Memorandum To: City Council EST. `-:. 1896 From: Bart Olson, Assistant City Administrator 0 I® �� CC: Brendan McLaughlin, City Administrator .¢ p' Date: January 11 , 2008 Subject: Number of aldermen and redistricting of wards <LE Update on number of aldermen In November, the Administration Committee discussed the ramifications of the increase in number of aldermen and wards as a result of authorizing a special census in 2008. These memos are attached for your reference. In short, the 2008 census is likely to increase the number of aldermen and wards. State statutes allow for some control over the number of aldermen by certain parties; citizens may place a referendum on the ballot to cut the number of aldermen in half (one per ward) and City Council's may pass an ordinance or resolution limiting the number of aldermen (with some restrictions). However, the City Council' s authority to limit the number of aldermen is based on decennial census results and not special census results. After discussing their options, the committee generally felt that they would like to keep the number of aldermen at eight (or at very least, keep the option open to do so). Accordingly, they directed staff to research an Attorney General opinion on the ability for the City Council to restrict the number of aldermen based on results obtained from a special census. Staff found no Attorney General opinion on this matter, and further found that obtaining an opinion would require a request from a state legislator. The committee directed staff to draft a letter to a state legislator to request assistance in obtaining the Attorney General opinion, and seek a sponsor for legislation should that opinion not allow for a local restriction on the number of aldermen based on special census results. This letter is attached and will be sent unless there is objection from other members of the City Council. Update on redistricting At the January Administration Committee meeting, the committee directed staff to complete the redistricting process in-house. This would save the City money on consultant's fees. The process would be completed by adopting some general guidelines ahead of time for staff to use in the drafting process, having staff complete a few different ward boundary maps, and then discussing, revising, and approving of one ward boundary map by City Council. Memos from staff discussed at the Administration Committee on this topic are also attached for your reference. =`QED cir o United City of Yorkville a t` 800 Game Farm Road EST. �_. 1836 Yorkville, Illinois 60560 Telephone : 630-553-4350 ®9 Ca p Fax: 630-553 -7575 January 11 , 2008 Representative Patricia Reid Lindner 32 Main St, Suite A Sugar Grove, IL 60554 Dear Representative Lindner, I am writing to you to request your assistance in obtaining an opinion on a state statute from the Attorney General's office, regarding the number of aldermen in the United City of Yorkville. As you know, Yorkville has been growing at an incredible pace for the past decade. We have conducted special censuses in 2003, 2005, and are planning to conduct another special census in 2008. We expect that the 2008 special census will yield between 15,000 and 16,000 residents. Yorkville's current population is 11 ,204, and a certified count from the 2008 census above 15,000 will result in a required redistricting and increase of our aldermanic wards and a corresponding increase in the number of aldermen (from 4 wards to 5 wards and from 8 aldermen to 10 aldermen). State statutes 65 ILCS 5/3 . 1 -20- 10, 65 ILCS 5/3 . 1 -20-20, and 65 ILCS 5/3. 1 -20-25 outline this process and requirement in full detail (they are attached for your ease of use). Section 3 . 1 -20-10, "Aldermen; number" contains a trigger point based on population count for increasing the number of aldermen as follows: Less than 3,000 residents: 6 aldermen Between 3,000 and 15,000: 8 aldermen Between 15,000 and 20,000: 10 aldermen Between 20,000 and 50,000: 14 aldermen Between 50,000 and 70,000: 16 aldermen Between 70,000 and 90,000: 18 aldermen Between 90,000 and 500,000: 20 aldermen Furthermore, paragraphs (b) and (c) of Section 3 . 1 -20- 10 contain provisions that would allow a municipality to deviate from the above schedule. Paragraph (b) allows a municipality to pass an ordinance or resolution restricting the number of aldermen to one step below their normally required number of aldermen (in Yorkville's case, this could allow us to keep 8 aldermen up to 20,000 residents, instead of the required 10). However, the ability to do this is predicated on receiving results from a decennial census, and not a special census, while the requirement to increase the number of aldermen is predicated on receiving results from any census (decennial or special). Meaning, with the results of the 2008 census, Yorkville will be required to increase the number of aldermen and wards, with no option to decrease them. The Administration Committee has asked me to contact you regarding this situation, and ask for your assistance by contacting the Illinois Attorney General for clarification on this issue. Our desired result would be an Attorney General opinion that the statute as written is incomplete, and that the ability to restrict the number of aldermen by ordinance or resolution may be tied to the results of any census. In absence of that result, we would ask for your support in drafting amendatory legislation to achieve that result. Thank you for your support in this matter, and your support in general to the United City of Yorkville over the past years. Sincerely, Brendan McLaughlin City Administrator Cc: Mayor Burd City Council City Attorney Kathleen Field Orr ear` ,2 y Memorandum To: Administration Committee EST. Z ' 1636 From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator p� ® � p Date: October 31 , 2007 Subject: Number of aldermen and redistricting of wards This agenda item was requested by Alderman Munns. At the end of this memo, I have attached the sections of state statute that governs the number of alderman and the designation of new ward boundaries. In short, should a Special Census be authorized by the City Council and the official count be certified at between 15,000 and 20,000 or 20,000 and 50,000, the City would add two or six more aldermen and one or three wards, respectively, and be required to redistrict all wards. However, the City Council would not have the option to decrease the number of aldermen down "one step" until the 180 days prior to the first election after the receipt of the results of the decennial census (2011 or 2013). The only other option for different quantities of aldermen is attached in paragraph3. 1 -20-20 - this is the referendum option. If a petition (requirements outlined below) is submitted to the City Clerk in accordance with state statute, a referendum can be held to a) cut the number of aldermen in half (one per ward) b) cut the number of aldermen in half to one per ward, and have an additional number of aldermen be elected at large and c) reinstate the number of aldermen to the normal amount. (65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10) Sec. 3. 1-20- 10. Aldermen; number. (a) Except as otherwise provided in subsections (b) and (c) of this Section, Section 3 . 1 -20-20, or as otherwise provided in the case of aldermen-at-large, the number of aldermen, when not elected by the minority representation plan, shall be as follows: in cities not exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000 but not exceeding 15,000, 8 aldermen; exceeding 15,000 but not exceeding 20,000, 10 aldermen; exceeding 20,000 but not exceeding 50,000, 14 aldermen; exceeding 50,000 but not exceeding 70,000, 16 aldermen; exceeding 70,000 but not exceeding 90,000, 18 aldermen; and from 90,000 to 500,000, 20 aldermen. No redistricting shall be required in order to reduce the number of aldermen in order to comply with this Section. (b) Instead of the number of aldermen set forth in subsection (a), a municipality with 15,000 or more inhabitants may adopt, either by ordinance or by resolution, at least 180 days prior to the first municipal election following the municipality's receipt of the new federal decennial census results, the following number of aldermen: in cities exceeding 15,000 but not exceeding 20,000, 8 aldermen; exceeding 20,000 but not exceeding 50,000, 10 aldermen; exceeding 50,000 but not exceeding 70,000, 14 aldermen; exceeding 70,000 but not exceeding 90,000, 16 aldermen; and exceeding 90,000 but not exceeding 500,000, 18 aldermen. (c) Instead of the number of aldermen set forth in subsection (a), a municipality with 40,000 or more inhabitants may adopt, either by ordinance or by resolution, at least 180 days prior to the first municipal election following the municipality's receipt of the new federal decennial census results, the following number of aldermen: in cities exceeding 40,000 but not exceeding 50,000, 16 aldermen. (Source: P.A. 92-651 , eff. 7-11 -02; 92-727, ef£ 7-25-02.) (65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20) Sec. 3 . 1 -20-20. Aldermen; restrict or reinstate number. (a) In a city of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one-half of the total authorized by Section 3 . 1 -20- 10, with one alderman representing each ward, shall be certified by the city clerk to the proper election authorities, who shall submit the proposition at an election in accordance with the general election law, if a petition requesting that action is signed by electors of the city numbering not less than 10% of the total vote cast at the last election for mayor of the city and the petition is filed with the city clerk. The proposition shall be substantially in the following form: Shall (name of city) restrict the number of aldermen to (state number) (one- half of the total authorized by Section 3 . 1-20010 of the Illinois Municipal Code), with one alderman representing each ward? If a majority of those voting on the proposition vote in favor of it, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term. (b) In a city of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one alderman per ward, with one alderman representing each ward, plus an additional number of aldermen not to exceed the number of wards in the city to be elected at large, shall be certified by the city clerk to the proper election authorities, who shall submit the proposition at an election in accordance with the general election law, if a petition requesting that action is signed by electors of the city numbering not less than 10% of the total vote cast at the last election for mayor of the city and the petition is filed with the city clerk. The proposition shall be substantially in the following form: Shall (name of city) restrict the number of aldermen to (number), with one alderman representing each ward, plus an additional (number) alderman (aldermen) to be elected at large? If a majority of those voting on the proposition vote in favor of it, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term. (c) In a city of less than 100,000 inhabitants where a proposition under subsection (a) or (b) has been successful, a proposition to reinstate the number of aldermen in accordance with Section 3 . 1 -20- 10 shall be certified by the city clerk to the proper election authorities, who shall submit the proposition at an election in accordance with the general election law, if a petition requesting that action has been signed by electors of the city numbering not less than 10% of the total vote cast at the last election for mayor of the city and the petition has been filed with the city clerk. The election authority must submit the proposition in substantially the following form: Shall (name of city) reinstate the number of aldermen to (number of aldermen allowed by Section 3. 1 -20- 10)? The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the proposition vote in the affirmative, then, if the restriction in the number of aldermen has taken effect, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term and thereafter terms shall be determined in accordance with Section 3 . 1 -20- 35. (Source: P.A. 92-727, ef£ 7-25-02.) (65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25) Sec. 3 . 1 -20-25 . Redistricting a city. (a) In the formation of wards, the number of inhabitants of the city immediately preceding the division of the city into wards shall be as nearly equal in population, and the wards shall be of as compact and contiguous territory, as practicable. Wards shall be created in a manner so that, as far as practicable, no precinct shall be divided between 2 or more wards. (b) Whenever an official census shows that a city contains more or fewer wards than it is entitled to, the city council of the city, by ordinance, shall redistrict the city into as many wards as the city is entitled. This redistricting shall be completed not less than 30 days before the first day set by the general election law for the filing of candidate petitions for the next succeeding election for city officers. At this election there shall be elected the number of aldermen to which the city is entitled, except as provided in subsection (c). (c) If it appears from any official census that a city has the requisite number of inhabitants to authorize it to increase the number of aldermen, the city council shall immediately proceed to redistrict the city and shall hold the next city election in accordance with the new redistricting. At this election the aldermen whose terms of office are not expiring shall be considered aldermen for the new wards respectively in which their residences are situated. At this election a candidate for alderman may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting, and, if elected, that person may be reelected from the new ward he or she represents if he or she resides in that ward for at least one year next preceding reelection. If there are 2 or more aldermen with terms of office not expiring and residing in the same ward under the new redistricting, the alderman who holds over for that ward shall be determined by lot in the presence of the city council, in the manner directed by the council, and all other aldermen shall fill their unexpired terms as aldermen-at-large. The aldermen-at-large, if any, shall have the same powers and duties as all other aldermen, but upon the expiration of their terms the offices of aldermen-at-large shall be abolished. (d) If the redistricting results in one or more wards in which no aldermen reside whose terms of office have not expired, 2 aldermen shall be elected in accordance with Section 3. 1 -20-35, unless the city elected only one alderman per ward pursuant to a referendum under subsection (a) of Section 3. 1 -20-20. (e) A redistricting ordinance that has decreased the number of wards of a city because of a decrease in population of the city shall not be effective if, not less than 60 days before the time fixed for the next succeeding general municipal election, an official census is officially published that shows that the city has regained a population that entitles it to the number of wards that it had just before the passage of the last redistricting ordinance. (Source: P.A. 93-847, eff. 7-30-04.) Memorandum To: Administration Committee EST. 1 1836 From: Bart Olson, Assistant City Administrator .; CC: Brendan McLaughlin, City Administrator 9 ® p Date: November 29, 2007 <LE Subject: Redistricting of Wards At the November Administration Committee meeting, the committee directed staff to research how a redistricting would be administered and if it could be done in-house through use of our GIS system. At this time, we have not confirmed the exact process for redistricting. Through anecdotal information from aldermen and reading past meeting minutes have found that the City hired an outside consultant during the last redistricting, and that redistricting is (likely) based on voting precincts and census blocks. By the end of the year, we will have the GIS data available on census blocks and voting precincts, meaning the mapping process for redistricting could be completed in-house. For purposes of objectivity, it is both Brendan and my recommendation to hire an independent consultant to complete the redistricting (if it is required after the special census is completed. C/AJ- 1 Memorandum To: Administration Committee ESL 1836 From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator p` Date: January 3, 2008 <LE Subject: Restricting the number of aldermen and redistricting of wards Restricting the Number of Aldermen At the December Administration Committee meeting, the committee discussed the City Council's ability to restrict the number of aldermen by ordinance (should the number of wards and aldermen increase due to special census results). As a brief recap, the state statute that references the ability for a City Council to pass an ordinance of this nature is tied to decennial census results, and not special census results. Attorney Orr has found that there are no attorney general opinions on this question. The attorney general will not answer the question unless it posed by a state representative or state senator. If the City Council wishes to pursue restricting the number of aldermen further, it could seek out a member of the state legislature to advance the question to the Attorney General. Redistricting of Wards At the December Administration Committee meeting, I gave an update that staff would have the physical tools to complete a redistricting, but that it was Brendan's and my recommendation that we hire an independent consultant. I will temper that recommendation at this time due to the discovery of a municipality which has completed a successful redistricting without help of a consultant. This municipality is Lombard, and I have spoken with a member of Lombard' s staff on their process for redistricting. Lombard' s redistricting was completed by staff with the following guidelines, which were set by the Village Board in advance of the process. The first guideline was that any seated trustee would remain in their district after the process was complete. The second guideline was that major streets would be used as ward boundary lines whenever possible. The third guideline was that the Village staff would use GIS data to form their draft boundaries. With these guidelines in line, the Village staff drafted a handful of different ward boundaries and presented them to the Village Board. The Board selected one of the drafts and sent it back to Village staff with some minor tweaks, and it was subsequently approved. Unless there is a concern that political agendas would interfere with staffs ability to provide the City Council with revised ward maps based on Special Census results, it is the City Administrator's recommendation that we save consultant fees and perform this work in-house. It is requested that the Committee provide a recommendation so that this matter can be forwarded to the City Council as staff is preparing next year's budget and would like direction if staff needs to budget for a consultant to prepare revised boundary maps. Status of Special Census Request As a general update on the special census and as of date of draft of this memo, we have not received a cost estimate from the Census Bureau, but I expect to have an estimate by January 10t1 . This cost estimate will come with a memorandum of understanding which we will have to complete and send with a check for the greater part of the entire census by February 28`h. I expect to bring this memorandum of understanding to the January 22nd City Council meeting.