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City Council Packet 2007 11-13-07 United City of Yorkville 800 Game Farm Road EST. , sae Yorkville, Illinois 60560 ® (r ~ Telephone: 630-553-4350 Fax: 630-553-7575 <�E ®vv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, November 13, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns 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: 7:00 p.m., December 4, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., November 20, 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., December 4, 2007 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., November 20, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda November 13 , 2007 Page 2 ------------------------------------- ---------------------------------------------------------------------------------- Public Hearings: None Citizen Comments: Consent Agenda: 1 . ADM 2007-88 Monthly Treasurer' s Report for September 2007 2. ADM 2007-89 Annual Treasurer's Report for FY 2007 3 . ADM 2007-98 Risk Management Annual Bill — approve payment in an amount not to exceed $199, 285.94 and authorize Finance Director to renew contract 4. PW 2007-153 Water Department Report for July 2007 5 . PW 2007-154 Water Department Report for August 2007 6. PW 2007-158 Raintree Village Units 1 -6 — Letter of Credit Reductions — authorize release and/or reduction of letters of credit, as presented, subject to legal review and receipt of sufficient waivers of lien that demonstrate work guaranteed by SSA bonds has been paid for and verification that the developer has no outstanding debt owed to city 7. PW 2007-160 In-Town Road Program — Sidewalk Easement Agreement — authorize Mayor and City Clerk to Execute 8. PW 2007- 165 Speedway Station — Storm Sewer Replacement — approve proposal with S&KExcavating and Trucking, Inc. in an amount not to exceed $12, 000. 00 9. PW 2007- 166 Autumn Creek Unit 1 — Bond Reductions No. 1 — authorize sitework bond reduction in an amount not to exceed $5,291, 681. 62 and earthwork bond reduction in an amount not to exceed $1, 710,272. 08, subject to verification that the developer has no outstanding debt owed to city 10. PW 2007-167 Kendallwood Estates — Offsite Easement — authorize Mayor and City Clerk to execute 11 . PW 2007- 168 Game Farm Road/Somonauk Street — Plat of Highways a. Smith Engineering Consultants Addendum #1 — authorize Mayor and City Clerk to execute b. MET Appropriation Resolution - authorize City Clerk to execute 12. PW 2007-172 Gruber-Kostel Dental Office — Release Letter of Credit — authorize release of Castle Bank Letter of Credit #700 02 72244-900 in the amount of$204, 003. 80 13. PW 2007- 175 Yorkville Market Square — Letter of Credit Reduction #1 — authorize reduction in an amount not to exceed $670, 684.42, subject to verification that the developer has no outstanding debt owed to city 14. PW 2007-176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction #1 — authorize reduction in an amount not to exceed $2, 720, 667. 61, subject to verification that the developer has no outstanding debt owed to city 15 . PW 2007- 177 Autumn Creek Unit 2 — Plat of Easement — authorize Mayor and City Clerk to execute 16. PW 2007- 178 Wells 3 & 4 Treatment Facility — Change Order #5 — authorize an 89 day time extension and authorize Mayor to execute 17. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor — approve as presented City Council Meeting Agenda November 13, 2007 Page 3 Consent Agenda (con't): 18. PW 2007- 161 In-Town Road Program — Proposed Addendum #1 for Engineering Services — authorize increase in an amount not to exceed $20, 243. 75 and authorize City Clerk and City Administrator to execute 19. PW 2007- 174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 — accept Storm sewer system in Unit I and Unit 2 and authorize reduction to Benchmark Bank Letter of Credit #11220 for Unit 1 in an amount not to exceed $106, 129.24 and authorize reduction to Benchmark Bank Letter of Credit #11221 for Unit 2 in an amount not to exceed $77, 607.58 20. COW 2007-40 Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area, Which Removes Certain Parcels from the Project Area — authorize Mayor and City Clerk to execute 21 . COW 2007-41 Requests for Sponsorship Recommended by the Human Resource Commission a. Mutual Ground, Inc. — approve sponsorship in the amount of$100. 00 b. Bristol Kendall Fire Department Fireworks — approve sponsorship in the amount of$250. 00 c. DeKalb, Kane South, and Kendall Counties, Inc. Baseball — approve sponsorship in the amount of$100. 00 d. Salvation Army Golden Diners — approve sponsorship in the amount of$250. 00 e. Kendall County Health Department "Share Your Blessing Program" — approve sponsorship in the amount of$250. 00 22. COW 2007-42 Approval of Historical Street Name — Rita Murphy 23 . COW 2007-43 Set Public Hearing Date on Estimated Tax Levy — authorize City Clerk to set public hearing date for November 27, 2007 Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — September 25, 2007 and October 9, 2007 Minutes of Committee of the Whole — September 25, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1 ,773,641 . 13 (vendors) $ 18,478.93 (payroll period ending 10/31/07) $ 253,014.92 (payroll period ending 10/27/07) $2,045,134.98 (total) Reports: Mayor's Report: 1 . CC 2007- 16 Appointment of City Attorney 2. CC 2007-15 Reconsideration of Ordinance No. 2007-69 An Ordinance Amending Ordinance No. 2007-53 (Governing Ordinance) City Council Meeting Agenda November 13, 2007 Page 4 Reports (con't): 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: Committee Reports: Public Works Committee Report: 1 . PW 2007- 162 Route 34/Sycamore Intersection Improvements — Agreements Economic Development Committee Report: 1 . PC 2007-22 B & P Properties a. Ordinance Authorizing the Execution of an Amended and Restated Annexation Agreement b. Ordinance Approving the Rezoning of Certain Property from R- 1 to PUD Classification Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . No Report. Additional Business: Executive Session: 1 . For the purchase or lease of real property for the use of the public body. 2. 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 November 13 , 2007 Page 5 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 ----------I ;E------------------------------------------------------CONOMIC DEVELOPMENT! Co- 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 ------------------------------------ lPUBLIC 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 ---------I ;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, November 13, 2007 Immediately following Committee of the "ole CITY COUNCIL CHAMBERS ------------------------------------------------------------------------------------------- -------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- ---------------- ----------------------------------------------- ------------------------------- ----------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: -----------------------------------------------------------------------------------------------------------------------------.......... 1 . ADM 2007-88 Monthly Treasurer's Report for September 2007 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2007-89 Annual Treasurer' s Report for FY 2007 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------- ---------------------- 3 . ADM 2007-98 Risk Management Annual Bill ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2007- 153 Water Department Report for July 2007 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------- ------ ---------- ------------------------------------------ ----------------------------------- 5. PW 2007- 154 Water Department Report for August 2007 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2007-158 Raintree Village Units 1 -6 — Letter of Credit Reductions ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------------------- -------------------------------------------------------------------------------------- --------------- 7. PW 2007- 160 In-Town Road Program — Sidewalk Easement Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -------------- -------------------------------------- ----------------------------------------------------.......................... 8. Speedway Station — Storm Sewer Replacement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2007- 166 Autumn Creek Unit 1 — Bond Reductions No. 1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2007- 167 Kendallwood Estates — Offsite Easement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PW 2007- 168 Game Farm Road/Somonauk Street Plat of Highways a. Smith Engineering Consultants Addendum #1 ❑ Approved ❑ Subject to ❑ Removed b. MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------------------------------------------------------------------------------- -------- 12. PW 2007- 172 Gruber-Kostel Dental Office — Release Letter of Credit ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 13 . PW 2007- 175 Yorkville Market Square — Letter of Credit Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------- ---------------------------------------------------------------------------------------------------------- 14. PW 2007- 176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 15. PW 2007-177 Autumn Creek Unit 2 — Plat of Easement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 16. PW 2007- 178 Wells 3 & 4 Treatment Facility — Change Order #5 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 17. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------- 18. PW 2007- 161 hi-Town Road Program — Proposed Addendum #1 for Engineering Services ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 19. PW 2007- 174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 20. COW 2007-40 Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area, Which Removes Certain Parcels from the Project Area ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 21 . COW 2007-41Requests for Sponsorship Recommended by the Human Resource Commission a. Mutual Ground Inc. ❑ Approved ❑ Subject to ❑ Removed b. Bristol Kendall Fire Department Fireworks ❑ Approved ❑ Subject to ❑ Removed c. DeKalb, Kane South, and Kendall Counties, Inc. Baseball ❑ Approved ❑ Subject to ❑ Removed d. Salvation Army Golden Diners ❑ Approved ❑ Subject to ❑ Removed e. Kendall County Health Department "Share Your Blessing Program" ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 22. COW 2007-42 Approval of Historical Street Name — Rita Murphy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 23 . COW 2007-43 Set Public Hearing Date on Estimated Tax Levy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL/CORRECTION: --------------------------------------------------------------------------------------------------------------------------------------- l . City Council - September 25, 2007 ❑ Approved ❑ As presented ❑ With corrections 2. City Council - October 9, 2007 ❑ Approved ❑ As presented ❑ With corrections 3 . Committee of the Whole - September 25, 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2007- 16 Appointment of City Attorney ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------------------------------------------------------------- -------------------------------------------------------- 2. CC 2007-15 Reconsideration of Ordinance No. 2007-69 An Ordinance Amending Ordinance No. 2007-53 (Governing Ordinance) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- I . PW 2007- 162 Route 34/Sycamore Intersection Improvements - Agreements ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2007-22 B & P Properties a. Ordinance Authorizing the Execution of an Amended and Restated Annexation Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting b. Ordinance Approving Rezoning from R-1 to PUD Classification ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Agenda Item Number CA#1 Tracking Number ADM 2007-88 This page serves as a placeholder for the draft document Monthly Treasurer's Report for September 2007, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ o� v mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm \S"D CITY J2 a yp O Esr 1 lux Agenda Item Number CA#2 Tracking Number ADM 2007-89 This page serves as a placeholder for the draft document Annual Treasurer's Report for FY 2007, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm "D >), IBM Itp � y Agenda Item Number CA#3 Tracking Number ADM 2007-98 This page serves as a placeholder for the draft document Risk Manaffement Annual Bill, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il-us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/gov mtgs minutes.cfm 2 O �.. _ ,ate h<CE Y Agenda Item Number CA#4 Tracking Number PW 2007-153 This page serves as a placeholder for the draft document Water Department Report for July 2007, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm \,CEO cirr Z. yyytl o qd6 T ESL I 1EA <LE Y Agenda Item Number CA#5 Tracking Number PW 2007-154 This page serves as a placeholder for the draft document Water Department Report for Augaust 2007, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ,CEO e,T� �.T�� ,am 9dh .E `may` Agenda Item Number CA#6 Tracking Number PW 2007-158 This page serves as a placeholder for the draft document Raintree Village Units 1-6 — Letter of Credit Reductions, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm es.1 �iex Agenda Item Number CA h-7 Tracking Number PW 2007-160 This page serves as a placeholder for the draft document In-Town Road Program — Sidewalk Easement Agreement, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ ov�mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ ov�mtgs minutes.cfm \SD C/Tl J2� O ESn 1 ��sex v � <GE \Vy`2 Agenda Item Number CA#SS Tracking Number PW 2007-165 This page serves as a placeholder for the draft document Speedway Station — Storm Sewer Replacement, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm \,CEO cir� 2 o EST a IBM fill <CE 'y`2' Agenda Item Number CA#a) Tracking Number PW 2007-166 This page serves as a placeholder for the draft document Autumn Creek Unit I — Bond Reductions #1, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http•//www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm J= O q��`1 T M, _ 16]6 LLE b" Agenda Item Number CA�F/O Tracking Number PW 2007-167 This page serves as a placeholder for the draft document Kendallwood Estates — Offsite Easement, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/gov mtgs minutes.cfm \,QED CITY Z, O [sr l 1�leas h<LE `VV Agenda Item Number CA#/d Tracking Number PW 2007-168 This page serves as a placeholder for the draft document Game Farm Road/Somonauk Street — Plat of Highways; a. Addendum #1; b. MFT Appropriation Resolution, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `,\ED CITY 2 O FST, e 7-- IBJ6 Agenda Item Number CA#/a Tracking Number PW 2007-172 This page serves as a placeholder for the draft document Gruber-Kostel Dental Office — Release Letter of Credit, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/ og v mtgs minutes.cfm �qD Cl Z. O EST.,< r W. h<GE \\? Agenda Item Number CA#/?) Tracking Number PW 2007-175 This page serves as a placeholder for the draft document Yorkville Market Square — Letter of Credit Reduction #1, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `CEO cirr J2 0 0 g a«• 20 Agenda Item Number CA#j°f Tracking Number PW 2007-176 This page serves as a placeholder for the draft document Grande Reserve Unit 23 — Sitework Letter of Credit Reduction W, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http•//www.yorkville.il.us/ og v mtgs minutes.cfm `,�gD C1TY ,2 0 es.1 less Agenda Item Number CA#/ Tracking Number PW 2007-177 This page serves as a placeholder for the draft document Autumn Creek Unit 2 — Plat of Easement, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ o�gs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `QED clTy Z2 J 0 E 1 +ex Agenda Item Number CA#j(,' Tracking Number PW 2007-178 This page serves as a placeholder for the draft document Wells 3 & 4 Treatment Facility — Change Order #5, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm J2 yr� O ((E N Agenda Item Number Cry �/7 Tracking Number PW 2007-157 This page serves as a placeholder for the draft document Well No. 4 Rehabilitation — Sole Source Contractor, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ o�gs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `,CEO crr low p9 �.GNdy�p <lE Y`2 Agenda Item Number c,q �eK Tracking Number PW 2007-161 This page serves as a placeholder for the draft document In-Town Road Program — Proposed Addendum #1 for Engineering Services, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o� v mtgs minutes.cfm o p �1lfei`�� <CE PY Agenda Item Number Azu (f Tracking Number PW 2007-174 This page serves as a placeholder for the draft document Cannonball Estates — Storm Sewer Final Acceptance & LOC Reduction No. 7, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ ov�mtgs minutes.cfm \"CO O/TY L ICI � N Agenda Item Number CA ode Tracking Number COW 2007-40 This page serves as a placeholder for the draft document Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financinz Redevelopment Proiect Area, Which Removes Certain Parcels from the Project Area, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og_ v mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `CEO cir� 2 Agenda Item Number CF{ -11al Tracking Number COW 2007-41 This page serves as a placeholder for the draft document Requests for Sponsorship Recommended by the Human Resource Commission, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://wwwyorkville.il.us/ o� v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov--mtgs minutes.cfm \,QED CITL J2 O esc� � leas _ 20 <LE \V�` Agenda Item Number CA mod,) Tracking Number COW 2007-42 This page serves as a placeholder for the draft document Approval of Historical Street Name — Rita Murphy, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/ og v mtgs minutes.cfm \QED CI TY J= , , O low LE Agenda Item Number CA#23 Tracking Number Cow 2007-43 This page serves as a placeholder for the draft document Set Public Hearinz Date on Estimated Tax Levy, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o�gs minutes.cfm J2 r O EST. 0 1000 . 2 �<GE4\may` MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, g'T ® gyT 800 GAME FARM ROAD ON 1� !■KL/-\�iN, TUESDAY, SEPTEMBER 25. 2007. Mayor Burd called the meeting to order at 9:45 P.M and led the Council in the Pledge of Allegiance, ROLL CALL Clerk Milschewski called the roll. Ward Leslie Present Werderich Present Ward 11 Golinski Present Plocher Present Ward III Mums Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Superintendent of Recreation Swithin, Community Development Director Miller, City Engineer Wywrot and Human Resource Manager Kasper. 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 Mayor Burd amended the agenda by moving Item 91 - Library Bond Resolution and Item #2 - the Mechanical Amusement Device License Request from the Mayor's Report to the Consent Agenda. Alderman Spears removed Item 41 — City Shirt Order and Item #2 - the Autumn Creek Discussion under the City Council Report from the agenda. The amendments to the agenda were approved by the City Council by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, October 2, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, October 16, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, October 2, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, October 16, 2007 City of Yorkville Conference Room PRESENTATIONS Swearing-In of Tom Grimes and Scott Fiandalo as Patrol Officers _ Mayor Burd, Chief Martin, Police Commissioner Johnson, and Lieutenant Hart swore in Tom Grimes and Scott Fiandalo as patrol officers. Swearing-In of Barry Groesch and Samuel Stroup as Sergeants Mayor Burd, Chief Martin, Police Commissioner Johnson, and Lieutenant Hart swore in Barry Groesch and Samuel Stroup as Sergeants. PUBLIC HEARINGS None. The Minutes of the Rel4ular Meeting of the City Council — September 25, 2997 — page 2 CITIZEN COMMENTS Joanne Gilbert, 8737 E. Highpoint, commented that the odor from the Hammon Yard Waste Facility is not a farm odor. She stated that the problem began in 1994 and after numerous complaints a court order was issued which Hammon disobeyed. She stated that she has breathing problems and hoped the city would do something to correct the situation. CONSENT AGENDA 1. Riemenschneider (Prairie Meadows) Park Construction Bid results — award contract to L.J. Dodd in an amount not to exceed $268,237.00 (PKBD 2007-20) 2. Library Bond Tax- authorize the City Administrator to credit the utility billing accounts in an amount equal to the Supplemental Library Debt Service for those residents that can provide documentation that they closed on their newly constructed homes between January 1, 2006 and December 31, 2006, aspresented (COW2007-24) 3. Request for Mechanical Amusement Device License — Taylor Street Pizza — approve a Mechanical Amusenent Device License far Taylor Street Pizza, as presented (COW 2007-25) 4. Ordinance 2007-64 - Sega Variance Request — Building Height — approve an ordinance approving the height variance for 504 Heustis Street, as presented, subject to staff comments and legal review (ZBA 2007-19) Mayor Bard entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Munns-aye, 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 October 10, 2007 at 7:00 p.m. and the next Zoning Board of Appeals meeting was scheduled for October 3, 2007 at 7:00 p.m. where there would be a public hearing. He also reported that on the September 20, 2007 a Kendall County Planning Consortium meeting was held and two guest speakers gave a presentation on transportation issues. He indicated that the presentation was available on the city's website. The next Consortium meeting will be held on November 13, 2007 at 7:00 p.m. at the Library and the topic will be rural preservation. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of August 28, 2007; the Special City Council meetings of August 14, 2007 and the Committee of the Whole meeting of August 28, 2007; seconded by Alderman Spears. Alderman Plocher noted an error on page 5 of the August 281h City Council minutes under the Administration Committee Report - Amending Employee Manual Regarding Comp Time. He stated that his vote is incorrectly noted as an affirmative vote. Alderman Plocher made a motion to amend; seconded by Alderman Werderich. Motion approved by a viva voce vote. Mayor Bard entertained a motion to approve the minutes as amended. So moved by Alderman Munns; seconded by Alderman Plocher. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated September 13, 2007 totaling the following amounts: checks in the amount of$1,217,778.25 (vendors); $256,064.07 (payroll period ending 9/15/07); for a total of$1,473,842.32; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye The Minutes of the Regular Meeting of the City Council — September 25, 2007 — pave 3 REPORTS MAYOR'S REPORT Ad Hoc Citizen's Advisory Committee for Senior Issues (CC 2007-26) Mayor Burd reported that it was announced at the preceding COW meeting the creation of an Ad Hoc Citizen's Advisory Committee for Senior Issues. Anyone interested on being in the committee should contact her or Alderman Spears. Contact information is available on the city's website. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Hammon Yardwaste Facility Status Report (CC 2007-14) City Administrator McLaughlin reported that this was already covered in the preceding COW meeting. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the repairs to Well #7 were on schedule and should be completed by mid October. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Director Miller reminded the Council that the Conservation Foundation would be hosting a webcast seminar on community development on Wednesday, October 3, 2007 from 3:00 p.m. to 4:30 p.m. There is a small fee for the seminar and anyone interested should contact hum so he can RSVP by October 1, 2007. Director Miller announced the addition of Stephanie Boettcher to the Community Development Department. Ms. Boettcher will be the new senior planner and will start on October 1, 2007. Her first task will be to work on the Comprehensive Plan. COMMUNITY RELATIONS OFFICER'S REPORT Oktoberfest Ms. Spies was not present so Alderman Leslie reported that the first Optimist Club Oktoberfest in Yorkville will be held on September 29a from noon to 10:00 p.m. and there will be children's activities, a beer tent, German food, local venders and bands. Tickets are $5.00. COMMUNITY & LIAISON REPORT Yorkville Economic Development Corporation Alderman Munns reported on the last Yorkville Economic Development Corporation meeting where continued growth and new members were discussed. Their annual dinner will be held on October 11, 2007. Lynn Dubajic reported that 200 people have already RSVP to the event and she encouraged anyone interested in attending to contact her. Downtown Redevelopment Alderman Plocher reported on the downtown redevelopment. He stated that he spoke with the developer of the Tuscany Plaza who indicated that building should begin by the end of October. The Minutes of the Regular Meeting of the City Council — September 25, 2007 — Rage 4 Northeastern Illinois Area Agency on Aging Meeting Alderman Spears reported that she attended the Northeastern Illinois Area Agency on Aging Advisory Council Meeting. There was discussion on the Loyola University of Chicago study on the Title C32 meal program. Oswego has a senior commission line item so they submitted an application and a church in downtown Oswego was selected for the site where fifty to eighty people receive nutritional meals. The Title C32 program also covers the "Meals on Wheels" program. In Kendall County there were 376 meals delivered on Saturdays however meals on not delivered on holidays as it is not in the budget. The results of the Loyola study indicate that the quality of food needs to be improved and more socialization is needed for the individuals in the program. Recommendations from the study were program awareness, implementation of a large scale promotion campaign aimed at referrals to the program, quality of food, activities, transportation, etc. KenCom Meeting Alderman Spears reported that she attended the KenCom Executive Board meeting were she met with representatives from the County Board, Sheriff's Department, Fire Protection Districts, several communities and KenCom staff. The preliminary budget was reviewed and discussed. There was a lengthy discussion regarding overcrowded police frequencies, equipment, staffing and space requirements, increase in emergency calls and how theses things are affected by the rapid growth in Kendall County. The current system used is fifteen years old and outdated so changing and upgrading the system was discussed. The discussion included the investigation of available federal grants. The Board approved the hiring of a consultant to conduct a needs assessment and staffing study. Also, a comparison chart was provided showing the number of police officers per agency. Alderman Spears noted that there is a difference of twenty-eight officers between Oswego and Yorkville. School Board Meeting Alderman Sutcliff reported that she attended the School Board meeting were the increase in students was discussed. About forty teachers who are currently working without a contract were present wearing red to support their contract negotiations. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT River Road — Dedication and Vacation of Utility Easement (PW 2007-142) A motion was made by Alderman Besco to approve an easement agreement, as presented, subject to staff comments and legal review; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2007- 51 Autumn Creek Unit 2 Final Plat of Subdivision (PC 2007-29) A motion was made by Alderman Leslie to approve a resolution approving the Final Plat of Subdivision for Autumn Creek Unit 2, as presented, subject to staff comments and legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Mums-aye, Spears-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2007-52 Employee Drug Testing Policy (ADM 2007-68) A motion was made by Alderman Mums to approve a resolution amending the United City of Yorkville Employee Manual regarding employee drug testing policy subject to staff and legal review, as presented; seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council September 25. 2007 —base 5 Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye ADDITIONAL BUSINESS Manhole Cover Alderman Plocher noted that it was brought to his attention that a storm sewer on west Van Emmon Road has been covered up. City Engineer Wywrot stated he would check on it. Storage Alderman Golinski questioned if the City Council chambers were the only place for storage of boxes as he pointed out boxes stacked in the corner of the room. He told it was. EXECUTIVE SESSION Mayor Hurd entertained a motion to into executive session for the purpose of discussing: 1. 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 2. The purchase or lease of real property for the use of the public body. So moved by Alderman Werderich; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Mums-aye, Plocher-aye The City Council adjourned into executive session at 10:20 p.m. The City Council returned to regular session at 11:30 p.m. NEW BUSINESS Vacation of Sleepy Hollow Road Attorney Roth recommended that as a matter of new business the city place on the agenda for discussion and potential consideration the adoption of an ordinance conditionally vacating Sleepy Hollow Road as previously considered last October. He stated that as discussed in executive session the purpose of doing so is to address a claim of default under the annexation agreement. So moved by Alderman Plocher; seconded by Alderman Munns. Motion approved by a viva voce vote. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Plocber. Motion approved by a viva voce vote. Meeting adjourned at 11:33 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois MINU'T'ES OF THE REGULAR MEETING OF THE CITY COUNCIL OF TBE UNITED CFIY OF YORKVILLE KENDALL COUNTY ILLINVM- HELD IN THE CITY COUNCIL CHAMBERS, T T �Tm 800 GAME FARM ROAD ON 1, J■K 1N' �� 1■ TUESDAY, OCTOBER 9, 2007. Mayor Bard called the meeting to order at 9:21 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll Ward Leslie Present Werderich Present Wind Golinski Present Plocher Present Ward IB Mums Present Sutcliff Present Ward N Besco Present Spears Present Also present: Deputy Clerk Pickering, City Treasurer Powell, Interim City Attorney Roth, City Administrator McLaughlin, Finance Director Mika, Police Chief Martin, Director of Parks & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot, and Public Relations Officer Spies. 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 made the following amendments: Remove from the agenda the following items: Mayor #1 — Request for Sponsorship for Yorkville Big Band, Mayor # 4 — Ordinance Vacating Sleepy Hollow Road, and Mayor # 5 - Proposed Montgomery Boundary Agreement Move Public Works #i — In-Town Road Program — Fox Street Storm Sewer to the consent agenda. So moved by Alderman Besco; seconded by Alderman Mums. Motion approved by a viva voce vote. COMMFTTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, November 6, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, October 16, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, November 6, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, October 16, 2007 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Charles and Jacquelyn Briguglio Charles and Jacquelyn Briguglio, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from Kendall County R-3 One Family Residence District to United City of Yorkville R-1 One Family The Minutes of the Regular Meeting of the City Council — October 9, 2007 — page 2 Residence District. The real property consists of approximately 1 .1 acres, located at 10940 River Road, Kendall County, Illinois Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Werderich; seconded by Alderman Besco. Motion approved unanimously by a viva voce vote. Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Leslie; seconded by Alderman Werderich. Motion approved unanimously by a viva voce vote. B & P Properties, Inc. B & P Properties, Inc, an Illinois Corporation, petitioner, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville M-1 Limited Manufacturing District to United City of Yorkville PUD Planned Unit Development to allow for uses permitted in the R-3 General Residence District. The real property consists of approximately 14.325 acres, located at south of Cornelis Road and west of Caledonia Drive and the Caledonia subdivision, Yorkville, Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Werderich; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public bearing. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Munns; seconded by Alderwoman Spears. Motion approved unanimously by a viva voce vote. CITIZEN COMMENTS Fred DuSell, resident of Ward 2, expressed his concerns with the concept of sponsoring the Yorkville Big Band. As a resident and taxpayer of the city he feels that the city is stepping out of the realm of what its' responsibility is to its' citizens. He takes exception as a taxpayer that the city would use taxpayer funds towards a private enterprise like this. He brought up the example of his homeowners assocation that has traditionally paid for the park permits in order to put together a homeowners association and neighborhood party in the summer which offers the children public education from the police and fire departments. He thinks that the city council is exploring an avenue that favors one group of residents over another. He feels that they are going to open a real can of worms if they allow this group to use the Beecher Center which is a public facility. If other groups want to use the facility, council will need to treat them the same. He feels that the city council needs to research this better. CONSENT AGENDA 1. Rob Roy Creek Interceptor (North Branch 1) — Change Order 43 — authorize increase in an ansount not to exceed $1,984.36 and Mayor to execute (PW 2007-145) 2. 116-118 Washington Street — Plat of Easement authorize Mayor and City Clerk to execute (PW 2007-146) 3. Bid Opening Result for Vehicles and Equipment— approve bids as presented (PW 2007-148) 4. Resolution 2007-53 - IDOT Highway Permit #I and Resolution - Fountainview — authorize Mayor and City Clerk to execute , subject to )DOT approval (PW 2007-150) 5. Monthly Treasurer's Report for August 2007 (ADM 2007-80) 6. Ordinance 2007-65 - Amending City Code Regarding Mechanical Amusement Device Licenses — authorize Mayor and City Clerk to execute (ADM 2007-77) 7. Ordinance 2007-66 - Amending City Code regarding Dutch Elm Disease — authorize Mayor and City Clerk to execute (PW 2007-121) 8. In-Town Road Program — Fox Street Storm Sewer— approve change order 42 in an amount not to exceed $4180.00 and authorize City Administrator to execute (PW 2007-152) The Minutes of the Regular Meeting of the City Council — October 9 2007 — na e 3 Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Leslie; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Community Development Director Miller stated that the next Plan Commission meeting is October 10, 2007 at 7:00 p.m. Mayor Burd reminded everyone that there is an opening on the Zoning Board of Appeals and she is taking names of anyone who would be interested on serving on this board. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of September 11, 2007 and the minutes of the Committee of the Whole meeting of September 11, 2007; seconded by Alderman Werderich. Motion approved by a viva voce vote. BILLS FOR APPROVAL - A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Bond Report dated October 4, 2007 totaling the following amounts: checks in the amount of$819,177.05 (vendors); $249,528.62 (payroll period ending 9/29/07); for a total of$1,068,705.67; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-aye, Spears-nay, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Munns-aye REPORTS MAYOR'S REPORT Ordinance 2007-67 Annexing Weller Property (COW 2007-32) Mayor Burd entertained a motion to approve an Ordinance Annexing Territory to the United City of Yorkville commonly known as the Welles Property, as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Ordinance 2007-68 Annexing Pobol Property (COW 2007-33) Mayor Burd entertained a motion to approve an Ordinance Annexing Territory to the United City of Yorkville commonly known as the Pobol Property, as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review; So moved by Alderwoman Spears; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-7 Nays-1 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-nay, Leslie-aye Vacation of Sleepy Hollow Road (COW 2007-34) Mayor Burd entertained a motion to table the Ordinance Vacating a Portion of Sleepy Hollow Road to the next City Council meeting. So moved by Alderman Leslie; seconded by Alderman Plocher. Motion approved by a viva voce vote. The Minutes of the Recular Meeting of the City Council — October 9, 2007 — oaee 4 CITY COUNCIL REPORT None. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika reported that auditors were working on the draft of the audit. It will be distributed soon. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Martin reported that they had received 139 applications for police officers. They will be holding the physical and written test on Saturday, November 10. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on the Adventure Race which was held last Saturday. There were 12 teams which participated with four people on each team. The event requires canoeing, running, bicycling, and team building. Director Mogle also reported that he had received a communication from the State of Illinois regarding the second phase of the dam project. They are looking at 13-18 months construction time before the second phase will be completed. Director Mogle informed council that he had received word from IDNR regarding the grant proposal for Raintree Park B. On Thursday, Ocotber 18ih staff will be going to Springfield to do a presentation. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNI'T'Y & LIAISON REPORT Alderman Mums reported that the YEDC board meeting is tomorrow. Alderman Golinski reported that he attended the Cable Consortium meeting last Thursday. Second quarter billings have been sent out to municipalities. This is the rebate that he mentioned awhile back. They were talking about rebating this back to the municipalities. The board decided to hold off on discussion of any rebates until they do a three to five year budget projection to look at some of the capital equipment costs and make sure that it is in the consortium's best interest to rebate these funds. Now that we have 4-5 years of history with the consortium we have enough numbers to do a projection of the next 3-5 years. On another note, Alderman Golinski mentioned that the producer's class has also filled up. This is one of the earliest times that this class has filled. FVTV has such a good reputation within public access circles that we have a lot of people coming to take the producer's class from other municipalities. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. The Minutes of the Rezular Meeting of the City Council — October 9. 2007 — Daze 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMDUSTRATION COMMITTEE REPORT. Ordinance 2007- 69 Amending Governing Ordinance 2007-53 Regarding Committee Liaisons A motion was made by Alderwoman Mums to approve an Ordinance Amending Ordinance 2007-53 (Governing Ordinance) of the United City of Yorkville, as presented; seconded by Alderwoman Spears. Mayor Burd asked for any comments or questions. Alderman Werderich wanted it noted that he wanted to re-iterate the comments that he had made earlier at the Committee of the Whole meeting. So noted. Mayor Bard wanted to go on record as saying that she is not in favor of this change. She thinks that these committees were formed to provide information to the City Council and that is their sole purpose. They were not created to give any kind of perks to any individual aldermen. She doesn't think that the chairmen should have any special powers beyond running the meeting. She feels the City Council aldermen get their power as a group and as a group they need to team to get along with each other and to work to get consensus. It is not a consensus when you have one alderman dictating any kind of positions to any other alderman. She feels this is a backwards step for us. Mayor Burd thinks that it was a good thing the way it was written because she wrote it orginally. She would like to see this go along for awhile and not have these kind of changes made. Alderman Mums commented that part of the discussion was that the committee chairman would do their best job for the good of the city to appoint liaisons and not use it as a personal thing to anybody. Alderman Golinski commented that it's not that big of a deal, it's just a simpler way to go. Alderman Besco stated that when they passed the Governing Ordinance, everyone acknowledged that it was a work in progress. It was not set in stone. They knew that it would be amended from time to time, which is always the right of the council to do. As far as he is concerned, the recommendation came out of committee three to one, so he has to value that. There were no further comments or questions. Motion approved by a roll call vote. Ayes-5 Nays-3 Besco-aye, Leslie-aye, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-nay, Werderich-nay, Golinski-aye, ADDITIONAL BUSINESS Alderman Manus wanted to make a comment about the fact that he had been quoted in the Beacon News today. He said when aldermen talk to reporters, he would like the reporters to take the whole comment and put it in like they said it and not just pick out little pieces to make it sound more juicy than it has to be. His whole comment was if it does get overturned by the Pollution Control Board and we end up with something sited there that originally was wanted, then he wants the City of Yorkville to have control over _ the operational issues of a potential use that might go there if they win the appeal. He said that the newspaper chose to print just a little bit of what he actually said. He said that he has nothing personally against anybody. For legal puposes, he just wanted to clear up what he actually had said. Alderman Werderich commented that he was approached by a resident in his ward who was concerned about the speeds that people are traveling on Route 71 between 126 and 47. He feels that the reason that it has come up is now that 126 is closed, there is increased traffic on 71 between 126 and 47. Chief Martin will look into it. Alderman Besco asked if Alderman Spears was still working on the visitability ordinance. Alderman Spears stated that they were still working on it. Alderman Plocher asked for an update on Sunny Valley. Mayor Burd responded that they are meeting with the developers on Tuesday. The Minutes of the Regular Meetine of the City Council — October 9. 2007 — page 6 EXECUTIVE SESSION Mayor Burd entertained a motion to 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 Werderich; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye The City Council adjourned into executive session at 10:06 p.m. The City Council returned to regular session at 11:21 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 11:22 P.M. Minutes submitted by: Lisa Pickering, Deputy City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above — entitled matter taken before CHRISTINE M . VITOSH , C . S . R . , on October 9 , 2007 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . DEPO • COURT reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . JASON LESLIE , Alderman ; 4 MR . MARTY MUNNS , Alderman ; 5 MR . JOSEPH BESCO , Alderman ; 6 MR . GARY GOLINSKI , Alderman ; 7 MS . ROSE ANN SPEARS , Alderman ; 8 MR . WALLY WERDERICH , Alderman ; 9 MR . ARDEN JOE PLOCHER , Alderman ; 10 MS . ROBYN SUTCLIFF , Alderman ; 11 MR . BRENDAN McLAUGHLIN , City Administrator ; 12 MR . WILLIAM POWELL , City Treasurer ; 13 MS . LISA PICKERING , Minute Taker . 14 15 A P P E A R A N C E S : 16 BY : MR . MICHAEL ROTH , appeared on behalf of the United 17 City of Yorkville , Illinois . 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR BURD : Motion to go into the 3 first public hearing for Charles and Jacqueline 4 Briguglio , petitioners . 5 ALDERMAN WERDERICH : So moved . 6 ALDERMAN BESCO : Second . 7 MAYOR BURD : Moved and seconded . 8 Any comments or questions ? 9 ( No Response ) 10 MAYOR BURD : All in favor ? 11 ( A Chorus of Ayes ) 12 MAYOR BURD : All against ? 13 ( No Response ) 14 MAYOR BURD : Okay . We have - - 15 Petitioners have filed an application with the 16 United City of Yorkville requesting annexation to 17 the United City of Yorkville and rezoning from 18 Kendall County R3 One - Family Residence District 19 to United City of Yorkville R1 One - Family 20 Residence District . 21 And this is - - The real 22 property consists of approximately 1 . 1 acres 23 located at 10940 River Road , Kendall County , 24 Illinois , and I believe their attorney is Depo Court Reporting Service (630) 983-0030 4 1 present . 2 WHEREUPON : 3 DANIEL J . KRAMER , 4 testified before the Yorkville City Council as 5 follow : 6 MR . KRAMER : I am . For the record , 7 Daniel J . Kramer representing the petitioners . 6 My address is 1107A South Bridge Street , 9 Yorkville , Illinois . 10 As the agenda says tonight , 11 this is a 1 . 1 acre parcel . It ' s located on the 12 south side of River Road . The home is already in 13 existence . 14 The Briguglios have entered 15 into annexation that ' s we ' ve proposed to the 16 City ; we ' ve got four signed copies of it . All 17 Staff recommendations have been filed for the 18 annexation agreement . 19 We have had our public hearing 20 before the Plan Commission and they unanimously 21 recommended annexation to the City . 22 We are happy to answer any 23 questions if the Council has any . We had 24 neighbors at the first public hearing Plan Depo Court Reporting Service (630) 983-0030 5 1 Commission . Their only question to us was by us 2 annexing , was it going to force them into the 3 City , and we indicated clearly not , and that was 4 about the only issue that came up , so with that , 5 I ' ll be quiet and see if there is any questions 6 from the audience or Council . 7 MAYOR BURD : Any questions from the 8 audience ? Sir . 9 MR . RUANE : Do you want me to come 10 up ? 11 MAYOR BURD : Yes . Would you please 12 come up and identify yourself once again ? 13 WHEREUPON : 14 TOM RUANE , 15 testified before the Yorkville City Council as 16 follows : 17 MR . RUANE : Good evening . My name 18 is Tom Ruane . I am the owner of Lot 1 . There ' s 19 three lots in this Meyers ' subdivision and I am 20 the unbuilt lot , and Mike Doles , who also wants 21 to comment after myself , is the owner of the 22 third lot . The Briguglios are Lot 2 . 23 We are kind of confused because 24 in our agreements when we bought the property , it Depo Court Reporting Service (630) 983-0030 6 1 was in the subdivision agreement that if one lot 2 annexed , the other two would have to annex . 3 That ' s part of the subdivision agreement made 4 with the county or whatever . You might be able 5 to tell me different . 6 My concern is , Mr . Kramer had 7 said that there was public comment from the 8 neighbors that they would have to annex . I 9 wasn ' t there and Mike wasn ' t there , so I don ' t 10 know what public comments those were . 11 I wasn ' t made aware of that 12 first Planning Commission meeting , I never 13 received a registered letter or anything , and I 14 am directly adjacent to this property . 15 My main concern is the 16 reasoning for this annexation ; the Briguglios are 17 there - - they are selling - - they are currently 18 selling their house , so there is no real vested 19 interest on their end except for monetary gain . 20 My concern is for problems that 21 can occur because of the logistics of the site ; 22 mainly , any issues that would arise for myself . 23 Me and my wife do intend on building on this lot , 24 and the biggest issue with the annexation and us Depo Court Reporting Service (630) 983-0030 7 1 possibly annexing into Yorkville would be the 2 logistics of the sewer and water . We would have 3 to put in what ' s called a lift station to hook up 4 to a sewer that ' s on the north side of River 5 Road . 6 Our invert elevation would be 7 40 feet below the invert of the sewer on the 8 other side of River Road ; that in itself would be 9 about a $ 50 , 000 cost to us as a homeowner just 10 for the sewer . There is no water there yet . 11 Right now everyone else that ' s there is well and 12 septic and they grab and feed with the habitats 13 down the river . 14 The other issue would be the 15 other ordinances that would come with annexation 16 such as open burning . You know , no one is 17 looking to start a forest fire , but I don ' t know 18 if anyone has noticed , it ' s all forest . It ' s 19 very pretty through there . Even the group , the 20 Briguglios , had said that they burn their sticks 21 that fall from the trees . That we could not do 22 if we were annexed into Yorkville . 23 We have to take all that 24 material and push it up to the street and make Depo Court Reporting Service (630) 983-0030 8 1 huge piles , and the village would have to take 2 care of that . It would be a burden on the 3 village , it would be a burden on the residents 4 that would be there . 5 I see no real advantage of 6 annexing in this property . It ' s not really 7 contiguous with anything per se , literally 8 touching another piece that is annexed , except 9 for the river I think , you know , and that ' s - - 10 the next subdivision is on the south side of the 11 river , so there ' s really no advantage for this 12 annexation at all . 13 I just see some problems coming 14 up , and I know , you know , my word doesn ' t carry 15 as much weight because I don ' t live here , but I 16 intend on living here . I ' ve always - - you know , 17 it ' s a beautiful piece of property , and , you 18 know , once my wife and I get our personal 19 finances in line , we ' ve been saving to build our 20 dream house there , and this would really throw a 21 stick in the spokes . 22 I ' d ask you to consider not 23 annexing this property and , if so , if you for 24 some reason see that there is an advantage to Depo Court Reporting Service (630) 983-0030 9 1 annexing it , make some special considerations 2 where we weren ' t required to hook up to the 3 sanitary or the water or possibly even not 4 requiring some of the ordinances to be observed 5 there in terms of like open burning or anything 6 that would interfere with the natural , you know , 7 landscape . So that ' s all I have to say . Thank 8 you . 9 WHEREUPON : 10 MIKE DOLES , 11 testified before the Yorkville City Council as 12 follow : 13 MR . DOLES : I ' m Mike Doles . I am at 14 10980 River Road , right next door . I have 15 basically the same concern , but my house is 16 built , so my concern would be if I was forced to 17 hook up to your sanitary or your water , that 18 would be something undesirable for me because I ' m 19 not quite as bad as Tom , I ' m probably 26 to 30 20 feet below River Road , so I ' d have to have lift 21 stations also . 22 Also , I like being in 23 unincorporated Kendall County , no offense , I 24 would rather stay that way , but again , if you did Depo Court Reporting Service (630) 983-0030 10 1 annex them , I would just like to have it my 2 choice to be annexed at my discretion , and that ' s 3 about all I have to say . 4 MAYOR BURD : Mr . Kramer , would you 5 like to address those concerns ? 6 MR . KRAMER : Yes , I would . Again , 7 we ' ve had three people show up at the earlier 8 hearing , and very clearly their concern was would 9 it force annex them in . 10 There may be some old covenant 11 from when this was subdivided some years ago that 12 maybe the original owner entered into with the 13 County , but it ' s not binding on the City . In 14 other words , there is no rule that the County can 15 force some property to annex to the City . You 16 always have consensual ability of whether or not 17 you want to take a property in , and it ' s frankly 18 one of the few times in your careers as aldermen , 19 you can be as discriminatory as possible and say 20 I like that property , I don ' t like this one . 21 There ' s no positive duty to annex whatsoever . So 22 us asking to voluntarily annex in no way forces 23 these folks to annex in . 24 As a practical matter , the lots Depo Court Reporting Service (630) 983-0030 11 1 are roughly the same size , they ' re a bit over an 2 acre , ours is served by well and septic , it ' s 3 going to continue to be served by well and 4 septic , which is permissible under your ordinance 5 when you have an acre or more lot , so there is 6 not going to be any change in taxes , there ' s not 7 going to be any change in utilities , it ' s simply 8 my client ' s willing to govern themselves by City 9 ordinances , and , again , would allow the city to 10 take control of the property , but it doesn ' t 11 affect the neighbors whatsoever . Thank you . 12 MAYOR BURD : Do we have any 13 questions on it ? 14 ALDERMAN BESCO : Dan , when they do 15 the title search on that , does the covenant show 16 up on a title search ? 17 MR . KRAMER : Not what he ' s telling 18 us , about some sort of agreement to force annex 19 them in . There is certainly nothing with the 20 City that requires that . 21 Now , maybe , you know , there was 22 some kind of letters in the minutes of the 23 meeting back at the county level way back when it 24 was zoned . There is a ton of vacant lots out Depo Court Reporting Service (630) 983-0030 12 1 there that aren ' t in the city . 2 ALDERMAN BESCO : So if we were to 3 annex this parcel , could we put something in - - 4 Obviously there ' s going to be an annexation 5 agreement . 6 MR . KRAMER : There is , correct . 7 ALDERMAN BESCO : And could we put 8 something in there that they - - Like we do with 9 the right to farm , only something basically 10 stating what they do with their property does 11 not - - 12 MR . KRAMER : Bind the other owner ? 13 ALDERMAN BESCO : Right . 14 MR . KRAMER : I have no objection 15 subject to your City Attorney ' s approval 16 whatsoever . That wouldn ' t bother me at all . 17 MR . ROTH : And I don ' t know what 18 effect that would have , but there is no problem 19 putting it in there . 20 MR . KRAMER : I don ' t object . 21 MR . ROTH : I ' m not sure how an 22 agreement between Mr . Kramer ' s client and the 23 City would bind the City with respect to the 24 annexation or not annexation of other properties , Depo Court Reporting Service (630) 983-0030 13 1 but , nonetheless , we will put it in there and let 2 it as act as a representation or manifestation of 3 what your intention is in doing this and 4 hopefully bring some comfort to those property 5 owners . 6 ALDERMAN MUNNS : Mike , it would be 7 up to us to annex those other two properties 8 anyway , correct ? 9 MR . ROTH : It would be . It would 10 be . Absolutely . And actually it would also be 11 up to them to a large degree as well . 12 ALDERMAN MUNNS : That ' s what I 13 mean . 14 MAYOR BURD : Alderman Werderich . 15 ALDERMAN WERDERICH : Actually one 16 question for Attorney Kramer and the other one is 17 for Mr . Ruane . 18 MR . KRAMER : Sure , Mr . Werderich , 19 ALDERMAN WERDERICH : What ' s the - - 20 How come they want to become - - 21 MR . KRAMER : Again , they want to 22 become part of the City . They feel it is 23 advantageous to them marketing the property . 24 ALDERMAN WERDERICH : Mr . Ruane - Depo Court Reporting Service (630) 983-0030 14 1 and I apologize if I ' m not pronouncing your name 2 right . 3 MR . RUANE : That ' s all right . 4 ALDERMAN WERDERICH : The language 5 that you were talking about saying that if one 6 parcel is annexed in that the other parcels are 7 annexed in as well , is that a covenant that ' s on 8 your deed or is that - - 9 MR . DOLES : I ' ll answer it . It ' s - - 10 it was the covenants for the Meyer ' s subdivision . 11 It ' s like a three - page - - 12 ALDERMAN WERDERICH : And that ' s 13 recorded on the deed , it was recorded ? 14 MR . RUANE : It was recorded , right . 15 ALDERMAN WERDERICH : Okay . 16 MR . KRAMER : And that obviously 17 can ' t bind the City , what private parties agree 18 with one another . 19 MAYOR BURD : Alderman Leslie . 20 ALDERMAN LESLIE : What would these 21 folks be if the City , if it was the will of the 22 City to force the annexation , would there be a 23 legal precedent in doing so ? 24 In other words , could these Depo Court Reporting Service (630) 983-0030 15 1 folks end up at some point in time down the road 2 being pulled in or will they always have the 3 opportunity to say no ? 4 MR . KRAMER : Well , that ' s a long 5 question in the sense of if they met perfectly 6 the profile of how many sides the City surrounds 7 them on and some acreage requirements , a city 8 council could do that regardless of what we do 9 here . They ' re still only going to have city on 10 one side of each of those - - 11 ALDERMAN LESLIE : I am speaking 12 specifically with regard to the covenant . 13 MR . KRAMER : Yes . I don ' t think the 14 covenant plays any part at all , Jason , in terms 15 of the city force annexing . It boils down to 16 acreage and being surrounded by three or four 17 sides . 18 And I think the best protection 19 isn ' t what Dan Kramer says , and that ' s what I 20 told the people that were here at the earlier 21 hearing , it ' s been a course of conduct going back 22 five mayors and 30 years , none of us have ever 23 observed the City of Yorkville force annex in a 24 residential piece of property , whether it ' s one Depo Court Reporting Service (630) 983-0030 16 1 lot or a hundred acres . Not once in our history 2 that the City has done that , so I think that ' s 3 the best representation. 4 ALDERMAN WERDERICH : And this is a 5 hard question for you because you ' ve never seen 6 it , the actual covenants of the subdivision , but 7 I just want to be real careful here . 8 Let ' s say that somebody new 9 buys the parcel of property . At that point - - 10 and correct me if I am wrong - - can that person 11 sue the other two to become - - under the 12 covenants of the subdivision become part of 13 Yorkville ? 14 MR . KRAMER : Well , as you know , you 15 can always find a lawyer for some amount of money 16 to file anything , but again , I don ' t think there 17 is any standard to force you as the City Council 18 to accept it . 19 ALDERMAN WERDERICH : And I guess my 20 concern - - Yeah . Okay . I understand what you ' re 21 saying . 22 MR . KRAMER : At the end of the day , 23 the discretion rests with you folks . 24 MR . ROTH : Can I ask a question , Depo Court Reporting Service (630) 983-0030 17 1 Dan ? How many lots are in the subdivision ? 2 MR . KRAMER : There ' s just three . 3 MR . ROTH : All right . Then what you 4 can do is you could amend the plat of subdivision 5 as long as everyone consents . 6 MR . KRAMER : Right . 7 MR . ROTH : And so if you would 8 represent that your client would sign such a 9 consent , which would then remove that 10 restriction - - 11 MR . KRAMER : Right . Because like - - 12 MR . ROTH : - - re - record it , they 13 want to re - record it , take that provision out . 14 MR . KRAMER : Well , I think that 15 would be - - Yeah , that would take care of it as 16 well , and we have no objection to that . 17 MR . ROTH : Good enough . 18 MAYOR BURD : Any other questions ? 19 ALDERMAN LESLIE : Are there any 20 easement provisions with this annexation to the 21 City ? 22 MR . KRAMER : There are . The City 23 asked us for some very specific ones , Jason , and 24 that ' s why we actually did a written agreement . Depo Court Reporting Service (630) 983-0030 18 1 ALDERMAN LESLIE : Okay . 2 MAYOR BURD : Any other questions ? 3 ( No Response ) 4 MAYOR BURD : Okay . I entertain a 5 motion to leave the public hearing . 6 ALDERMAN LESLIE : So moved . 7 ALDERMAN WERDERICH : Second . 8 MAYOR BURD : All in favor ? 9 ( A Chorus of Ayes ) 10 MAYOR BURD : All against ? 11 ( No Response ) 12 MAYOR BURD : Okay . Move on to our 13 second public hearing , for B & P Properties , 14 Incorporated . I ' d like to entertain a motion to 15 go into the second public hearing . 16 ALDERMAN WERDERICH : So moved . 17 ALDERMAN GOLINSKI : Second . 18 MAYOR BURD : Any comments or 19 questions ? 20 ( No Response ) 21 MAYOR BURD : All in favor ? 22 ( A Chorus of Ayes ) 23 MAYOR BURD : All against ? 24 ( No Response ) Depo Court Reporting Service (630) 983-0030 19 1 MAYOR BURD : Okay . We are now in 2 public hearing number 2 on B & P Properties , 3 Incorporated , an Illinois corporation , 4 petitioner , has filed an application requesting 5 rezoning from the United City of Yorkville M1 6 Limited Manufacturing District to United City of 7 Yorkville PUD Planned Unit Development to allow 8 for uses permitted in the R3 General Residence 9 District . 10 The real property consists of 11 approximately 14 . 325 acres located south of 12 Corneils Road and west of Caledonia Drive in the 13 Caledonia subdivision . 14 MR . KRAMER : Again , for the record , 15 Daniel J . Kramer . My address is 1107A South 16 Bridge Street , Yorkville , Illinois , 60560 . I ' m 17 an attorney licensed to practice law in the State 18 of Illinois and represent the petitioner , B & P 19 Properties , Inc . 20 1 This parcel was originally part 21 of the original Mike and Tammy Rosenwinkel 22 annexation to the City of Yorkville . It 23 originally had an underlying M1 zoning with kind 24 of a floating or flex zoning for R4 General Depo Court Reporting Service (630) 983-0030 20 1 Residence District . 2 What we ' ve actually come in and 3 asked on the petition is to in effect down zone 4 it to R3 PUD , which would permit 24 duplex lots , 5 or 48 units of duplex . 6 It ' s consistent with the City 7 Comprehensive Plan . The land , again , next door 8 to it is R4 . We match with that only a lower 9 density and less intense . 10 At one point we had talked 11 about townhomes on the property ; Plan Commission 12 recommended that we stick with no more than 13 duplex and that we do the PUD , and we ' ve done 14 that . 15 This one , likewise , has an 16 amendment to the original annexation agreement 17 and embodies all of the Staff and Plan Commission 18 recommendations . 19 So , again , I ' d be happy to 20 answer any questions of Staff , Council members , 21 or audience . 22 ALDERMAN LESLIE : Have you provided 23 architectural detail ? 24 MR . KRAMER : We have not , Jason , Depo Court Reporting Service (630) 983-0030 21 1 other than to say we ' d be governed by the City 2 code . We ' ve done footprints on buildings , but 3 we ' re not certain who the end builder is going to 4 be , so that ' s where we have no real detail in 5 architectural , but we would be governed by the 6 entire City Appearance Code . 7 Yes , sir . Wally ? 8 ALDERMAN WERDERICH : Two things . 9 First one - - and I apologize about this - - really 10 have my brain wrapped around the flex zoning . 11 Can you help me out with that ? 12 MR . KRAMER : Sure . Again , back when 13 Mike and Tammy Rosenwinkel , they brought in a 14 fairly large farm that the City wanted some 15 sanitary sewer easements through and trail 16 easements through on a creek basis years ago . 17 We just weren ' t clever enough 18 at the time to know how the City was going to 19 develop , so we had hoped there would be an 20 expansion of the Yorkville Business Park that 21 sits right north of that . 22 Inland got the first couple of 23 users in ; F . E . Wheaton has been great for the 24 city , we ' ve got a couple of others in , and then Depo Court Reporting Service (630) 983-0030 22 1 development of that stalled in terms of end 2 business users , and it allowed under the original 3 Inland agreement them to change the north part of 4 their property to residential if they weren ' t 5 getting users , which they took advantage of , and 6 literally Rosenwinkels did the same thing . 7 Once Inland put residences next 8 to them , it didn ' t make it practical to develop 9 the Rosenwinkels , which was on the other side of 10 the residential manufacturing , so theirs 11 automatically went to residential as well , and so 12 the annexation agreements gave them permission to 13 do that after a certain number of years . 14 ALDERMAN WERDERICH : Okay . I ' ve got 15 the comprehensive map here and I was just trying 16 to figure out - - and , again , this is just for my 17 purposes here - - where exactly - - this is what , 18 right about here ? 19 MR . KRAMER : Corneils , yeah , 20 originally , and the pink is transition area , 21 correct . 22 ALDERMAN WERDERICH : And it ' s all 23 within the pink area ? 24 MR . KRAMER : Correct . And the Depo Court Reporting Service (630) 983-0030 23 1 Rosenwinkels , what they sold , owned and sold to 2 another developer was in the yellow , and so that 3 was a mix of single family and townhomes . 4 ALDERMAN WERDERICH : Is any part of 5 the property part of the park and open space 6 portion on this site ? 7 MR . KRAMER : It is not . That green 8 area that shows on that park and open space was 9 down in Inland and was preserved as a grove of 10 trees . 11 ALDERMAN WERDERICH : Okay . 12 MAYOR BURD : Any other questions ? 13 Alderman Golinski . 14 ALDERMAN GOLINSKI : Kind of off the 15 subject , Dan . 16 MR . KRAMER : Sure , 17 ALDERMAN GOLINSKI : What is north of 18 the property ? Is that a racetrack ? 19 MR . KRAMER : Actually it ' s a horse 20 farm , the MacArthur Horse Farm is over there , and 21 then - - where it says MacArthur Trust , and then 22 kind of surrounding MacArthur you ' ve got the 23 proposed Ocean - Atlantic Westbury development , 24 which hasn ' t come back in yet , but it would be a Depo Court Reporting Service (630) 983-0030 24 1 combination of golf course and townhomes with a 2 little bit heavier density . 3 ALDERMAN PLOCHER : What ' s there now ? 4 It looks like there is a racetrack . Is that a 5 road or - - 6 MR . KRAMER : No , they use it for 7 working out horses . Gary is right on Beam . THe 8 MacArthur family owns a number of horses . Joe 9 knows them fairly well . 10 ALDERMAN BESCO : Thoroughbreds . 11 MAYOR BURD : Any other questions ? 12 ( No Response ) 13 MR , KRAMER : And , again , as I say , 14 the density on this with the duplex works out at 15 3 . 53 , where the density with the townhouses next 16 door is 4 , so this is actually a lower or less 17 intense use . 18 MAYOR BURD : Okay . 19 MR . KRAMER : Thank you . 20 MAYOR BURD : Thank you . Entertain a 21 motion to go out of public hearing ? 22 ALDERMAN LESLIE : So moved . 23 ALDERMAN SPEARS : Second . 24 ALDERMAN GOLINSKI : Second . Depo Court Reporting Service (630) .983-0030 25 1 MAYOR BURD : All in favor ? 2 ( A Chorus of Ayes ) 3 MAYOR BURD : All opposed ? 4 ( No Response ) 5 ( Which were all the 6 proceedings had in 7 public hearing . ) 8 - - - 000 - - - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 26 1 STATE OF ILLINOIS ) SS : 2 COUNTY OF LASALLE ) 3 4 I , Christine M . Vitosh , a Certified 5 Shorthand Reporter , do hereby certify that I 6 reported in shorthand the proceedings had at the 7 hearing of the above - entitled cause and that the 8 foregoing Report of Proceedings , is a true , 9 correct , and complete transcript of my shorthand 10 notes so taken 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 18 original transcript and copies thereof , signed 19 and certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo Court Reporting Service (630) 983-0030 27 1 In testimony whereof , I have 2 eunto set my hand this / )�--- day of 3 F A . D . , 2007 . 4 5 6 Christine M . Vitosh , CSR 7 CSR No . 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 28 $50,000 7:9, 7:9 aforesaid 26:11 applies 26: 18 Briguglio 3:4 ---oOo--- 25: 8 agenda 4: 10 approval 12: 15 Briguglios 4: 14, 084-002883 27:7 ago 10: 11 , 21 : 16 approximately 3:22, 5:22, 6: 16 , 7:20 1 5: 18 agree 14: 17 19: 11 bring 13:4 1 .1 3:22, 4: 11 agreement 4: 18, 6: 1 , architectural 20:23, brought 21 : 13 10940 3:23 6: 3, 11 : 189 12: 51 21 :5 build 8: 19 10980 9: 14 12:22, 17:24, 20: 16, ARDEN 2: 9 builder 21 : 3 1107A 4: 8, 19: 15 22: 3 area 22:20, 22:231 building 6:23 14.325 19: 11 agreements 5:24, 23:8 buildings 21 :2 2 5:22, 19:2 22: 12 arise 6:22 built 9: 16 2007, 27:3 ALDERMAN 2:3, 2:4, around 21 : 10 BURD 2:2, 3:2, 3:71 24 20:4 2 :5, 2:6, 2:7, 2:81 2:91 assume 26:20 3: 10, 3: 12, 3: 14, 5:7, 26 9: 19 2 : 10, 13:6, 13: 121 Attorney 3:24, 5: 11 , 10:4, 11 : 121 3.5 24: 15 13: 14, 13: 15, 14: 12, 12: 15, 13: 16, 19: 17 13: 14114: 19, 17: 18, 30 9: 191 15:22 14: 19, 14 :20, 23: 13, audience 5:6, 5:8, 18:2, 18:4, 18:8, 4 24: 16 24:23 20:21 18: 10, 18: 12, 18: 18, 40 7:7 aldermen 10: 18 automatically 22: 11 18:21 , 18:23, 19: 1 , 48 20:5 Allegiance 3: 1 aware 6: 11 23: 121 24: 11 , 24: 18, 60560 19: 16 allow 11 : 9, 19:7 Ayes 3: 11 , 18:91 24:20, 25: 1 , 25:3 7 : 00 1 : 9 , 1 :9 allowed 22:2 18:22, 25:2 burden 8:2, 8:3 800 1 :9 already 4: 12 burn 7:20 amend 17:4 burning 7: 16 , 9:5 amendment 20: 16 < B > Business 21 :20, < A > amount 16: 15 back 11 :23, 11 :23 , 22:2 ability 10: 16 ANN 2:7 15:21 , 21 : 12, 23:24 buys 16:9 able 6:4 annex 6:2, 6:8, 10: 1 , bad 9: 19 above-entitled 1 :7, 10: 9, 10: 15, 10:21 , basically 9: 15, 12:9 26:8 10:22, 10:23, 11 : 18, basis 21 : 16 < C > Absolutely 13: 10 12:3 , 13:7 , 15 :23 Beam 24:7 C.S.R. 1 :8 accept 16: 18 annexation 3 : 16, beautiful 8 : 17 Caledonia 19: 12 , accuracy 26:21 4: 15, 4: 18, 4:21 , become 13:20, 19: 13 acre 4: 11 , 11 :2, 11 : 5 6: 16, 6:24, 7: 15, 13:22, 16: 11 , 16: 12 called 7:3 acreage 15:7, 15: 16 8: 12, 12:4, 12:24, behalf 2: 17 care 8:2, 17: 15 acres 3:22, 16: 1 , 12:24, 14:22, 17:20, believe 3:24 careers 10: 18 19: 11 19:22, 20: 16, 22: 12 below 7:7, 9:20 careful 16:7 act 13:2 annexed 6:2, 7:223 BESCO 2:5 carry 8: 14 actual 16:6 8: 8, 10:2, 14:6, 14:7, best 15: 18, 16:3 cause 26:8 Actually 13: 10, 26: 18 biggest 6:24 certain 21 :3, 22: 13 13: 15, 17:24, 20:2, annexing 5:2 , 7: 11 Bind 12: 12, 12:231 certainly 11 : 19 23 : 19, 24: 16 8:6, 8:23 , 9: 1 , 15: 15 14: 17 certificate 26: 18 address 4:8, 10: 5, answer 4:22 , 14: 91 binding 10: 13 Certified 26:5, 26:20 19: 15 20:20 bit 11 : 1 , 24:2 certify 26:6, 26: 121 adjacent 6: 14 anyway 13: 8 boils 15: 15 26: 17 Administrator 2: 11 apologize 14: 1 , 21 : 9 bother 12: 16 change 11 :6, 11 :71 advantage 8:5, 8: 11 , Appearance 21 :6 bought 5:24 22:3 8:243 22 :5 appeared 2: 17 brain 21 : 10 Charles 3:3 advantageous 13:23 application 3: 15, BRENDAN 2: 11 choice 10:2 affect 11 : 11 19:4 Bridge 4:8, 19: 16 Chorus 3: 11 , 18:9, Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 29 18:22; 25:2 counsel 26: 13, down 7: 13, 15: 1 , find 16: 15 Christine 1 : 8, 26: 5, 26: 13 15: 15, 20:3, 23: 9 fire 7: 17 27:6 COUNTY 3: 18, 3:23, dream 8:20 First 3: 3, 4:24, 6: 12, clearly 5:3, 10: 8 6:4, 9:23, 10: 13, Drive 19: 12 21 :9, 21 :22 clever 21 : 17 10: 14, 11 :23, 26: 3 duplex 20:4, 20: 5, five 15:22 client 11 :8, 12:22, couple 21 :22, 21 :24 20: 13, 24: 14 flex 19:24, 21 : 10 17: 8 course 15:21 , 24: 1 duty 10:21 floating 19:24 Code 21 :2, 21 :6 covenant 10: 10, folks 10:23, 14:21 , combination 24: 1 11 : 15, 14:7, 15: 12, 15: 1 , 16:23 comfort 13:4 15: 14 < E > follow 4: 5, 9: 12 coming 8: 13 covenants 14: 10, earlier 10:7, 15:20 follows 5: 16 comment 5:21 , 6:7 16:6, 16: 12 easement 17:20 footprints 21 :2 comments 3: 8, 6: 10, creek 21 : 16 easements 21 : 15, force 5:2, 10: 9, 18: 18 CSR 27:6, 27:7 21 : 16 10: 15, 11 : 18, 14:22, Commission 4:20, currently 6: 17 effect 12: 18, 20:3 15: 15, 15:23, 16: 17 5: 1 , 6: 12, 20: 11 , elevation 7:6 forced 9: 16 20: 17 embodies 20: 17 forces 10:22 complete 26: 10 < D > end 6: 19, 15: 1 , foregoing 26:9 Comprehensive Dan 11 : 14, 15: 19, 16:22, 21 :3, 22: 1 forest 7: 17, 7: 18 20:7, 22: 15 17: 1 , 23: 15 enough 17: 17, 21 : 17 four4: 16, 15: 16 concern 6:6, 6: 151 Daniel 4:3, 4:7, entered 4: 14, 10: 12 frankly 10: 17 6:20, 9: 15, 9: 16, 19: 15 Entertain 18:4, 10:8, 16:20 day 16:22, 27:2 18: 14, 24:20 concerns 10: 5 deed 14:8 , 14: 13 entire 21 :6 < G > conduct 15:21 degree 13: 11 evening 5: 17 gain 6: 19 confused 5:23 density 20:9, 24:21 everyone 7: 11 , 17: 5 Game 1 :9 consensual 10: 16 24: 14, 24: 15 exactly 22: 17 Gary 2:6, 24:7 consent 17:9 detail 20:23, 21 :4 except 6: 19, 8:8 gave 22: 12 consents 17:5 develop 21 : 19, 22:8 existence 4: 13 General 19:8, 19:24 consider 8:22 developer 23:2 expansion 21 :20 getting 22:5 considerations 9: 1 Development 19:7, golf 24: 1 consistent 20:6 22: 1 , 23:23 Golinski 2:6, 23: 13 consists 3:22, 19: 10 different 6:5 < F > govern 11 :8 contiguous 8:7 direction 26:22 fairly 21 : 14, 24:9 governed 21 : 1 , 21 :5 continue 11 :3 directly 6: 14 fall 7:21 grab 7: 12 control 11 : 10, 26:22 discretion 10:2, family 23: 3, 24:8 great 21 :23 copies 4: 16, 26: 19, 16:23 Farm 1 :9, 12:9, green 23:7 26:22 discriminatory 21 : 14, 23:20, 23:20 group 7: 19 Corneils 19: 12, 10: 19 favor 3: 10, 18:8, grove 23:9 22: 19 District 3: 18, 3:20, 18:21, 25: 1 guess 16: 19 corporation 19:3 19:6, 19:9, 20: 1 feed 7: 12 Correct 12:6, 13:81 doing 13:3, 14 :23 feel 13:22 16: 10, 22:21 , 22:24, Doles 5:20, 9: 10, feet 7:7, 9:20 < H > 26: 10 9: 13 few 10: 18 habitats 7: 12 cost 7:9 done 16:2, 20: 13, figure 22: 16 hand 26:20, 27:2 Council 1 : 1 , 4:49 21 :2 file 16: 16 happy 4:22, 20: 19 4:23, 5:6, 5: 15, 9: 11 , door 9: 14, 20:7, filed 3: 15, 4: 17, 19:4 hard 16: 5 15: 8, 16: 17, 20:20 24: 16 finances 8: 19 hearing 3:3, 4: 191 Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 30 4:24, 10:8, 15:21 , < J > 19: 11 Mike 5:20, 6:9, 9: 10, 18: 5, 18: 13, 18: 15, J. 4:3, 4:7, 19: 15 logistics 6:21 , 7:2 9: 13, 13:6, 19:211 19:2, 24:21 , 26: 8 Jacqueline 3: 3 long 15:4, 17: 5 21 : 13 hearing. 25:7 Jason 2: 3, 15: 14, looking 7: 17 Minute 2: 13 heavier 24:2 17:23, 20:24 looks 24:4 minutes 11 :22 help 21 : 11 Joe 2: 9, 24:8 Lot 5: 18, 5:20, 5:22 , mix 23:3 hereby 26:6 JOSEPH 2:5 5:22, 6: 1 , 6:23, 11 : 5, monetary 6: 19 hereto 26: 18 16 : 1 money 16: 15 hereunto 27:2 lots 5: 19, 10:24, Motion 3:2, 18:5, history 16: 1 < K > 11 :24, 17: 1 , 20:4 18: 14, 24:21 home 4: 12 Kendall 3: 18, 3:23, lower 20: 8, 24: 16 Move 18: 12 homeowner 7: 9 9:23 Moved 3:5, 3:7, 18:63 hook 7:3, 9:2, 9: 17 Kind 5:23, 11 :22, 18: 16, 24:22 hoped 21 : 19 19:23, 23: 14, 23:22 < M > MS 2:2, 2:7, 2: 10, hopefully 13:4 knows 24:9 M. 1 :82 26:5, 27:6 2 : 13 Horse 23: 19, 23:20 Kramer 4:3, 4:7, 6:6, M1 19:5, 19:23 MUNNS 2:4 , 13:6, horses 24 :7, 24: 8 10 :4, 12:22, 13: 16, Macarthur 23:20, 13: 12 hour 1 :9 13: 18 , 13:21 , 15: 19, 23:21 , 23:22, 24:8 myself 5:21 , 6:22 house 6: 18 , 8:20, 16:22, 17: 11 , 19: 15 main 6: 15 9: 15 mainly 6:22 huge 8: 1 manifestation 13:2 < N > hundred 16: 1 < L > Manufacturing 19:6, name 5: 17, 14: 1 land 20:7 22: 10 natural 9:6 landscape 9:7 map 22: 15 neighbors 4:24, 6:81 < I > language 14:4 marketing 13:23 11 : 11 identify 5: 12 large 13: 11 , 21 : 14 MARTY 2:4 neither 26: 12 ILLINOIS 1 :2, 1 : 10, LASALLE 26:3 match 20:8 new 16:8 2: 18, 3:24, 4: 9, 19:3, law 19: 17 material 7:24 next 8: 10, 9: 14, 19: 16, 19: 18, 26: 1 lawyer 16: 15 mafter .1 :7, 10:24 20:7, 22:7, 24: 15 in. 10:9, 10:23, 11 : 19 leave 18:5 MAYOR 2:2, 3:2, 3:71 No. 27:7 Inc. 19: 19 legal 14:23 3: 10, 3: 12, 3: 14, 5:7, none 15:22 Incorporated 18: 14, LESLIE 2: 3, 14: 19, 5: 11 , 10:4, 11 : 121 nonetheless 13: 1 19:3 14:20 13: 14, 14: 19, 17: 18, nor 26: 13, 26: 14, indicated 5:3 less 20:9 , 24: 16 18:2, 18:4, 18: 8, 26: 15 Inland 21 :22, 22: 3, letter 6: 13 18: 10, 18: 12, 18: 18, north 7:4, 21 :21 , 22:71 23:9 letters 11 :22 18:21 , 18:23, 19: 1 , 22:3, 23: 17 intend 6:23, 8: 16 level 11 :23 23: 12, 24: 11 , 24: 18, notes 26: 11 intense 20:9, 24: 17 licensed 19: 17 24:20, 25: 1 , 25:3 nothing 11 : 19 intention 13:3 lift 7:3, 9:20 mayors 15:22 noticed 7: 18 interest 6: 19 likewise 20: 15 Mclaughlin 2: 11 number 19:2, 22: 13 , interested 26: 16 Limited 19:6 mean 13: 13 24:8 interfere 9:6 line 8: 19 MEETING 1 : 1 , 1 :6, invert 7:6, 7:7 LISA 2: 13 6: 12, 11 :23 issue 5:4, 6:24, 7: 14 literally 8:7, 22:6 members 20:20 < O > issues 6:22 little 24:2 met 15:5 object 12:20 itself 7:8 live 8: 15 Meyer 14: 10 objection 12: 14, living 8: 16 Meyers 5: 19 17: 16 located 3:23, 4: 111 MICHAEL 2: 16 observed 9:4, 15:23 Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 31 Obviously 12:4, part 6: 3, 13:22, probably 9: 19 < R > 14: 16 15: 14, 16: 12 , 19:20, problem 12: 18 R1 3: 19 occur 6:21 22: 3, 23:4, 23 :5 problems 6 :20, 8: 13 R3 3: 18, 19:8, 20:4 Ocean-atlantic parties 14: 17, 26: 14, Proceedings 1 :6 , R4 19:24, 20:8 23:23 26: 15 25:6, 26:7, 26:9 racetrack 23: 18, offense 9:23 people 10:7, 15:20 profile 15:6 24:4 Okay 3: 14, 14: 15, per 8:7 pronouncing 14: 1 rather 9:24 16: 20, 18: 1 , 18:4 , perfectly 15 :5 Properties 12:24, re-record 17: 12, 18: 12, 19: 1 , 22: 14, permissible 11 :4 13:7, 18: 13, 19:21 17: 13 23: 11 , 24: 18 permission 22: 12 19: 19 real 3:21 , 6: 18, 8:5, old 10: 10 permit 20:4 property 3:22, 5:24, 16:7, 19: 10, 21 :4 Once 5: 12, 8: 18, permitted 19: 8 6: 14, 8:6, 8: 17, 8:23, really 8:6, 8: 11 , 8:20, 16: 1 , 22:7 person 16: 10 10: 15, 10: 17, 10:20, 21 :9 one 6: 1 , 7: 16, 10: 18, personal 8: 18 11 : 10, 12: 10, 13:41 reason 8:24 10:20, 13: 15, 13: 16, petition 20:3 13:23, 15:24, 16:9, reasoning 6: 16 14: 5, 14: 18, 15: 10 , petitioner 19:4, 19: 10, 20: 11 , 22:4, received 6: 13 15:24, 20: 10, 21 :9 19: 18 23:5, 23: 18 recommendations One-family 3: 18, Petitioners 3:4, proposed 4: 15, 4: 17, 20: 18 3: 19 3: 15, 4:7 23:23 recommended 4:21 , ones 17:23 PICKERING 2: 13 protection 15: 18 20: 12 open 7: 16, 9: 51 23:51 piece 8:8, 8: 17, provided 20:22 record 4:6, 19: 14 23:8 15:24 provision 17: 13 recorded 14: 13, opportunity 15:3 piles 8: 1 provisions 17:20 14: 13, 14: 14 opposed 25:3 pink 22:20, 22:23 public 3:3, 4: 19, regard 15: 12 ordinance 11 :4 place 26: 11 4:24, 6:7, 6: 10, 18: 5, regardless 15:8 ordinances 7: 15, Plan 4:20, 4:24, 18: 13, 18: 15, 19:2, registered 6: 13 9:4, 11 : 9 20:7, 20: 11 , 20: 17 24:21 , 25:7 related 26: 13, 26: 14 original 10: 12, Planned 19:7 PUD 19:7, 20:4, remove 17:9 19:21 , 20: 16, 22:2, Planning 6: 12 20: 13 Report 1 :6, 26:9 26: 19 plat 17:4 pulled 15:2 reported 26:7 originally 19:20, plays 15: 14 purposes 22: 17 Reporter 26:6 19:23, 22:20 please 5: 11 push 7:24 represent 17:8, others 21 :24 Pledge 3: 1 put 7:3, 12:3 , 12 :7, 19: 18 outcome 26: 16 PLOCHER 2:9 13: 1 , 22:7 representation 13:2 , owned 23: 1 point 15: 1 , 16:91 putting 12: 19 16:3 owner 5: 18, 5:21 , 20: 10 representing 4:7 10: 12, 12: 12 portion 23:6 reproduced 26:21 owners 13: 5 positive 10:21 < Q > requesting 3: 16, owns 24:8 possible 10: 19 question 5: 1 , 13: 16, 19:4 possibly 7: 1 , 9:3 15:5, 16:5, 16:24 required 9:2 POWELL 2 : 12 questions 3:8, 4:23 , requirements 15:7 < P > practical 10:24, 22:8 5:5, 5:7, 11 : 13, requires 11 :20 P.M, 1 : 9 practice 19: 17 17: 18, 18:2 , 18: 19, requiring 9:4 parcel 4: 11 , 12:31 precedent 14:23 20:20, 23: 12, 24: 11 Residence 3: 18, 14:6116:9, 19:20 present 4: 1 quiet 5:5 3 :20, 19:8, 20: 1 parcels 14:6 preserved 23:9 quite 9: 19 residences 22:7 Park 21 :20, 23: 5, pretty 7: 19 residential 15:24, 23:8 private 14: 17 22:4, 22: 10, 22: 11 Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 32 residents 8:3 served 11 :2, 11 `: 3 6: 1 , 6:3, 8: 10, 14:10, true 26:9 respect 12:23 set 27:2 16:6 , 16: 12, 17: 11 Trust 23:21 Response 3:9, 3: 13, sewer 7:2 , 7:41 7:7, 17:4, 19: 13 trying 22: 15 18: 3, 18: 11 , 18:20, 7: 10, 21 : 15 subject 12: 15, 23: 15 Two 6:2, 13:7, 16: 11 , 18:24, 24: 12, 25:4 Shorthand 26 :6, sue 16: 11 21 :8 responsibility 26:21 26:7, 26: 10 suit 26: 14, 26: 15 restriction 17: 10 show 10:7, 11 : 15 surrounded 15: 16 rests 16:23 shows 23:8 surrounding 23:22 < U > rezoning 3: 17, 19:5 side 4: 12, 7:4 , 7:8, surrounds 15:6 unanimously 4:20 River 3:23, 4: 12, 7:4, 8: 10, 15: 10, 22:9 SUTCLIFF 2: 10 unbuilt 5:20 7:8 , 7: 13 , 8: 9 , 8: 11 , sides 15 :6, 15: 17 underlying 19:23 9: 141 9:20 sign 17: 8 understand 16:20 Road 1 : 9, 3:23, 4: 12, signed 4: 16 , 26: 19 < T > undesirable 9: 18 7:5, 7:8, 9: 14, 9:20, simply 11 :7 Taker 2 : 13 unincorporated 9:23 15: 1 , 19: 12, 24:5 single 23: 3 talked 20: 10 Unit 19 :7 ROBYN 2: 10 Sir 5:8, 21 :7 Tammy 19:21 , 21 : 13 United 1 :2, 2: 17, ROSE 2:7 site 6:21 , 23:6 taxes 11 :6 3: 16, 3: 17, 3: 19, Rosenwinkel 19:21 , sits 21 :21 terms 9:5, 15: 14, 19:5, 19:6 21 : 13 size 11 : 1 22: 1 units 20: 5 Rosenwinkels 22:6, sold 23: 1 , 23: 1 testified 4:4, 5: 15, users 21 :23, 22:2, 22:9, 23: 1 somebody 16:8 9: 11 22:5 ROTH 2: 16, 17:7, sort 11 : 18 testimony 27: 1 uses 19: 8 17: 12 South 4:8, 4: 12, theirs 22: 10 utilities 11 :7 roughly 11 : 1 8: 10, 19: 11 , 19: 15 themselves 11 :8 RUANE 5: 9, 5: 14, space 23: 5, 23:8 thereof 26: 16, 26: 19 5: 18, 13: 17, 13:24, speaking 15: 11 third 5:22 < V > 14: 3 SPEARS 2:7, 24:23 Thoroughbreds vacant 11 :24 rule 10: 14 special 9: 1 24: 10 VALERIE 2:2 specific 17:23 three 5: 19, 10:7, vested 6: 18 specifically 15: 12 15: 16 village 8: 1 , 8:3 < S > spokes 8:21 three-page 14: 11 Vitosh 1 :8, 26: 5, sanitary 9:3, 9: 17, SS 26:2 three. 17:2 27:6 21 : 15 Staff 4: 17, 20: 17, throw 8:20 voluntarily 10:22 saving 8: 19 20:20 title 11 : 15, 11 : 16 saying 14:5, 16:21 stalled 22: 1 Tom 5: 14, 5: 18, 9: 19 says 4: 10, 15: 19, standard 16: 17 ton 11 :24 < W > 23:21 start 7: 17 tonight 4: 10 Wally 2 : 8, 21 :7 se 8:7 STATE 19: 17, 26: 1 took 22:5 wanted 21 : 14 search 11 : 15, 11 : 16 stating 12: 10 touching 8:8 wants 5:20 Second 18:7, 18: 13, station 7:3 townhomes 20: 11 , water 7:2 , 7: 10, 9: 3, 18: 15, 18: 17, 24:23 stations 9:21 23:3, 24: 1 9: 17 second. 3:6, 24:24 stay 9:24 townhouses 24: 15 weight 8: 15 seconded 3:7 stick 8:21 , 20: 12 trail 21 : 15 WERDERICH 2: 8, seen 16:5 sticks 7:20 transcript 26: 101 13: 14, 13: 15, 13: 18, selling 6: 17, 6: 18 Street 4:8, 7:24, 26: 19 14: 12 sense 15: 5 19: 16 transition 22:20 west 19: 12 septic 7: 12, 11 :2, subdivided 10: 11 Treasurer 2 : 12 Westbury 23:23 11 :4 subdivision 5: 19, trees 7:21 , 23: 10 whatever 6:4 Depo Court Reporting Service (630) 983-0030 City Council, October 9, 2007 33 whatsoever 10:21 , 11 : 11 , 12: 16 Wheaton 21 :23 whereof 27: 1 WHEREUPON 4:2, 5: 13 , 9 : 9 whether 10: 16, 15:24 wife 6:23, 8: 18 will 13 : 1 , 14:21 , 15:2 WILLIAM 2: 12 willing 11 :8 within 22:23 word 8: 14 words 10: 14, 14:24 working 24:7 works 24: 14 wrapped 21 : 10 written 17:24 < Y > years 10: 11 , 15:221 21 : 16, 22: 13 yellow 23:2 Yorkville 1 :2, 1 : 10, 2: 18, 3: 16, 3: 17, 3: 19, 4:4, 4:9, 5: 15, 7: 1 , 7:22, 9: 11 , 15:23, 16: 13v 19: 5, 19:7, 19: 16, 19:22, 21 :20 yourself 5: 12 < Z > zone 20: 3 zoned 11 :24 zoning 19:23, 19:24, 21 : 10 < Dates > october 9, 2007 1 : 81 1 :8, 1 : 8 Depo Court Reporting Service (630) 983-0030 Page 1 of 9 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER September 25, 2007 7:05 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Arden Plocher Alderman Joe Besco Alderman Rose Spears Alderman Gary Golinski Alderman Robin Sutcliff Alderman Jason Leslie Alderman Wally Werderich Alderman Marry Munns City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator McLaughlin Police Lieutenant Hart Assistant City Administrator Olson Superintendent of Recreation Swithin City Attorney Roth Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Police Chief Martin Human Resource Manager Kasper GUESTS: See attached list. PRESENTATIONS L Richard Bissonette, Arthur Prochaska and Ernie Stumbo — Found Missing Two-Year- Old Mayor Burd read and presented Richard Bissonette, Arthur Prochaska and Ernie Stumbo with plaques acknowledging and thanking them for their Citizen Police Academy Alumni assistance in the two hour search of a missing two-year-old girl. The trio located the girl and notified law enforcement officials. Mr. Prochaska stated that they wanted the public to understand that it was not just the three of them who were searching for the girl; many people including law enforcement staff and other members of the CPAA were involved in the search. He stated they all were proud to be part of the Citizen Police Academy Alumni. Mr. Bissonette thanked the Police Department and Bristol-Kendall Fire District for their preliminary work and for calling in the CPAA to assist in the search. 2. Behr Pfzenmaier — Completion of Associates Degree Mayor Burd presented a plaque to Police Cadet Behr Pfizenrnaier in recognition of his completion of his Associates Degree with a 3.82 grade point average from Waubonsee Community College. 3. Raymond Mikolasek — AAIMAward for DUI Enforcement Mayor Burd presented a certificate of appreciation to Raymond Mikolasek from AAIM for his efforts with DUI enforcement. 4. Hamman Farms Yard Waste Facility — PowerPoint by Diane Pobol Page 2 of 9 Ms. Pobol was not present for her presentation. DETAILED BOARD REPORT BILL LIST There were no comments or questions. The Bill List was placed on to the September 25, 2007 City Council agenda for approval. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA None. MAYOR I. COW 2007-24 Library Bond Tax Discussion Mayor Burd reported that this was postponed from an earlier meeting and turned the floor over to Attorney Roth. Attorney Roth explained that this item arose from community inquiries about the Library Tax Levy which was not applied correctly thus creating a higher than normal levy this year. He stated that he researched this further and felt that the tax could not be waived but needed to be uniformly applied. He did note there could be alternatives to remedy the matter and Ri ther explained that the City Council could offer a credit on water bills to those residents whose homes were not built in 2005. He estimated the credit for a $350,000.00 home would be $70.00. He stated that this would not pose a large fiscal risk for the city. There was some discussion regarding indentifying and notifying the residents this would apply to. Various suggestion made were: staff researching property tax bills to identify residents; any resident who feels they are due the credit be encourage to contact the city regarding the matter; putting the information on the new water bill format; automatically crediting residents who closed in 2006 with an averaged amount; etc. Administrator McLaughlin suggested that staff research the different methods and report back to the Council Alderman Spears thanked Elsie Morganegg for bringing this matter to her attention. This item was placed on the September 25, 2007 City Council consent agenda for approval. 2. COW 2007-26 Ad Hoc Citizens' Advisory Committee on Senior Issues Mayor Bard reported that Alderman Spears requested the formation of this ad hoc committee. Alderman Spears commented that this will be a great asset to the community and suggested that the group be made up of seniors as well as others from the community. She asked anyone interested to either contact her or Mayor Burd. 3. COW 2007-25 Request for Mechanical Amusement Device License — Taylor Street Pizza Mayor Burd reported that the business was requesting a Mechanical Amusement Device License. The business was evaluated and met all the building requirements of the city. There were no questions or comments. This item was placed on the September 25, 2007 City Council consent agenda for approval. ECOMOMIC DEVELOPMENT COMMITTEE I. EDC 2007-35 Monthly Building Permit Report for August 2007 Page 3 of 9 Alderman Leslie reported that building is down this year. Director Miller added that the low numbers are not a surprise due to the national and local climate. 2. EDC 2007-36 Monthly Plan Commission Report for September 2007 Alderman Leslie reported that the Autumn Creek final plat was discussed at the September meeting. 3. PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision Alderman Leslie reported that staff recommends the approval of the final plat as there is nothing outstanding or inconsistent with the plat. He stated that the Economic Development Committee asked for the deed to the ten acre school parcel. Director Miller added that final plat includes the park and school site and the right-of-ways (ROW) for two streets. He stated that the Plan Commission reviewed the final plat and was in favor of it. Alderman Spears stated that there was an article in a 2006 newspaper addressing Special Service Area (SSA) fees, the park site and the ROWs, The article stated that the SSAs would be used to construct the park at the beginning of the project however sixty homes have been constructed and the park hasn't been started. She asked for a date when the park will be constructed. Chuck Byram, attorney for Pulte, and Jason Polakow, Director of Land Development for Pulte were present. Mr. Polakow indicated that the construction of the park was underway and most of the improvements will be in by the end of this year with an opening event in the spring. He stated that the delay was due to the park contractor being involved in the construction of three other Yorkville parks. Alderman Spears asked if funds were available to complete the ROWs. Mr. Polakow stated that the funds are available however they cannot start on the streets until the plat is approved. Once it is approved, the work will begin in a few weeks. Alderman Spears asked what the time frame was for completion. Mr. Polakow estimated that they could be completed by Thanksgiving. Alderman Spears asked when the SSA discussion was to take place. Mayor Burd stated that it was at the Council's pleasure as to when they wanted to have the discussion. It was the consensus of the Council to move up Item #2 — COW 2007-30 Autumn Creek SSA Discussion from the City Council Requests with the understanding there would be no further discussion at the City Council meeting. 1. COW 2007-23 Autumn Creek SSA Discussion Thomas Payne, 1545 Orchid, commented on the blatant misrepresentation of the builder regarding the Autumn Creek SSA. He gave a brief family background to put a personal face on what the residents in Autumn Creek are going through. He stated that the homeowners are in the situation because the city allowed SSA subdivisions and Pulte is taking advantage of this. He felt that deciding to pay the SSA for some but not others is underhanded and hurtful to the community. He stated that when negotiating the sale of his home he asked the builder if they would pay the SSA. He was told that this would not happen because it was a SSA community and all homeowners will pay the SSA. He stated that all the residents present at the meeting were told similar half truths and misrepresentations. He listed several of these misrepresentations and the actual facts: 1 . Each homeowner will have to pay the SSA — current buyers do not have to pay the SSA 2. Pulte cannot/does not payoff SSA providers 3. There is no early payment penalty — a 3% penalty does apply Page 4 of 9 4. There is no interest; its just a tax — there is a 6% interest rate on the tax 5. Buyers were told that the tax on a townhome would be $20,000.00; $24,000.00 for a single-family home — the actual cost is $24.554.00 for townhomes and $28,869.00 for a single-family home when all the associated fees are added in 6. The payoff term would be twenty-years — the actual term is twenty-eight years. With the term length and interest rate a townhome buyer will be paying $56,611 .00 and a single-family rate is $68,928.00. 7. Payment will be $ 150.00/month — it is actually a line item on the real estate bill and doesn't show up until the second year of ownership 8. The SSA is tax deductible — new infrastructure SSAs are not deductible and cannot be escrowed. Mr. Payne felt that these misrepresentations which were to increase corporate profit during a market down turn, hurt the community and the residents who have to pay them. He stated that the builder did not reduce the price of the houses or give cash incentives but rather changed the rules of the game at the resident's expense. Shannon Hunter thanked the City Council for allowing the Autumn Creek residents to speak. He thanked Pulte for accepting the invitation to discuss the issue. He stated that he purchased his town home approximately a year ago and is pleased with living in Yorkville. He discussed how the no-SSA situation affects current homeowners; it steals equity from those whose homes carry the SSA tax. He gave a demonstration of how the SSA versus no-SSA affects the sale of homes in Autumn Creek. Homeowners with the SSA either have to pay off the SSA before listing their house or reduce the selling price of their home and leave the SSA tax. Either way the seller who has an SSA loses equity. He stated that when the subdivision is built out there will be 550 homes so there will be several homes like his without SSAs that he will be competing against. The bottom-line is that he will never be able to sell his home for the market value. He did not feel that Pulte should treat their customers unfairly in order to obtain future sales. The homeowners who have already invested in Autumn Creek in the beginning want equality. He stated that whether Pulte stops using the no-SSA fee to lure buyers and discounts the price of the homes; pays off the SSA for all homeowners or develops an alternative solution, the current homeowners want an equal playing field. He noted that Pulte has an annual income of $14 billion and that the eighty homeowners make up about 15% of the total Autumn Creek subdivision. It would cost Pulte approximately 1/10 of a percent of its annual revenue to cover the SSA for these residents. He compared this to a household with an income of $65,000.00/year who will be paying 39% of their annual earnings to cover the cost of the SSA. Mike Siddon, 1551 Orchid, commented that the SSA 2005-108 states that Autumn Creek is an SSA community however there are signs posted stating "No SSA Fees". He asked Pulte to correct the situation for the current residents. Amy Collins, 1486 Orchid, stated that when her family move here it was to downsize and reduce their housing costs so she could stay home with her sons. They had never heard of SSAs so they asked many questions of Pulte before they felt comfortable purchasing their home. They felt they could trust Pulte's assurances that every homeowner would incur the same SSA tax. Now she finds it incomprehensible that Pulte is penalizing the first families to establish the neighborhood with an SSA payoff for new buyers that will handicap their ability to sell their homes. She noted that Pulte's advertising materials state that they are committed to building quality homes and life- long partnerships. She felt that now Pulte is building a climate of distrust and negative feelings in the neighborhood. She hoped that their advertising slogans are words that will be put into action to correct this situation. She hoped that the city would stand alongside the Autumn Creek Page 5 of 9 residents to help but an end to the SSA mess. She felt that the city has the power to pressure Pulte to do the right thing and she asked them to do this. Cheryl Puetz, 1404 Orchid, noted that the community is united in frustration over the SSA situation. She commented that in 2001 Dateline did a story on Pulte's quality and since then Pulte instituted a customer service program to resolve problems. She noted that in Scottsdale, Arizona there is a lawsuit against Pulte for misrepresentation of buyer's information about an airport. She stated that what Pulte is doing in Yorkville is similar. She asked the City Council to help end this misrepresentation by Pulte. Chris Youssi, 12455 Bellingham Road, Caledonia, Illinois addressed the Council and explained he was a real estate developer. He stated as a developer it would be unconscionable for him to do what Pulte is doing; telling people their home is worth a certain price and then telling them the next day that due to a need to meet production goals, their home is worth less. He stated that products should be priced to the market regardless of market conditions. He stated he was boggled by Pulte's choice to harm these families. He stated that most of the homeowners who have purchased in Autumn Creek are first-time home buyers and do not have a lot of equity. If they are forced to sell they are at a disadvantage. The payoff on the SSA is about $2 million and if Pulte can pay off future home buyers they should be able to help the homeowners who started the community. He felt their actions were unethical and he asked the City Council to hold Pulte to a higher standard. Joe Santoro, 1539 Coral Drive, stated that he met a fellow resident of Autumn Creek who told him that they bought a townhome and closed the same day as a neighbor. Two weeks before the closing, the neighbor received a call from a sales representative telling them that the SSA was going to be paid for. The other homebuyer did not receive a similar call. Mr. Santoro verified this by speaking with the resident who got the SSA paid. He asked who decides who pays the SSA and who does not. Alderman Leslie thanked the residents for attending the meeting and sharing their concerns. He noted that he; Alderman Besco and Alderman Spears have been against SSAs. He stated that this is the worst case scenario for an SSA and that he spoke with the president of Pulte Homes and would like to see them pay back the residents. Alderman Muni stated that he appreciated the resident's comments and he hoped Pulte realizes the problem they are causing and how it affects their business. Alderman Besco stated that he and Alderman Spears went to a meeting with Autumn Creek residents and Pulte must be doing something right because they have good quality people buying their homes. He stated that the waiving of the SSA does not leave homeowners in the subdivision on a level playing field and he felt horrible that the SSA originated with the City Council's approval. He urged Pulte to review this policy and show that they are a quality developer. He suggested that it would be more professional to offer discounts or free upgrades. Alderman Spears referred to a January 2006 newspaper article which noted her question to the developer regarding what they would do if the SSA wasn't approved. The developer stated they would look at their legal rights and obligations. She asked the City Attorney to review the Annexation Agreement to check the "rights and obligations" of the city. She questioned if the "No SSA" signs were legal. Attorney Roth noted he would review the documents to verify this. Alderman Spears also noted that the developer had installed unauthorized "no parking" signs in the development. She stated that she was disappointed with Pulte for the signs and she did not Page 6 of 9 feel that they were treating the residents of Autumn Creek fairly. She further quoted from the 2006 article regarding a comment from Peter Raphael, bond consul for the city. Mr. Raphael stated that the developer was still working out details of the SSA proposals to make sure that the tax was fair. She asked if Mr. Raphael could be called in to advise the Council on how fair the discontinuing of the SSA tax is. She also commented that she heard that Pasquinelli and Kennedy homes are also discounting SSAs. City Administrator McLaughlin stated that Assistant City Administrator Olson was making calls to verify this. He noted that the Pasquinelli SSA is paid off before ownership of the property transfers. Alderman Spears noted that the meeting was being video-recorded and will be shown throughout five communities. She felt that with this type of information going out regarding Pulte may put a damper on their sales. She asked Yorkville as well as the other four communities to discontinue any type of SSAs in their communities. Mayor Burd noted that she has requested staff to look into the matter. When asked if he had done so, Director Miller indicated that he had reviewed the Annexation Agreement but not from a legal standpoint. He noted that the city's SSA policy was changed to avoid this type of situation. Mayor Burd noted that she saw a sign by Windett Ridge stating no SSA. She stated that SSAs were presented to the City Council as a tool to finance infrastructure. When they were initially begun, there wasn't information available to research them. She stated that after receiving resident's complaints about SSAs, the policy regarding them was amended. She stated that that SSAs are a tool that in the long run is not beneficial to the community and she hoped that their use would be stopped. Alderman Leslie encouraged the representatives from Pulte to speak on their own behalf. Mr. Byram commented that this is an issue that Pulte takes serious and they thought long and hard before making this decision. He turned the floor over to Brian Bruenhofer, president of the Illinois division of Pulte. Mr. Bruenhofer thanked the Council for the opportunity to address them. He stated that this matter is not something Pulte takes lightly and they have sympathy and empathy for their homeowners. He explained how the current market conditions are affecting property values nationwide and that Pulte is using this marketing strategy to accomplish the build out of the community. He stated that the development opened in 2005 and shortly afterward they started to feel the market decline. He stated that Pulte has to increase incentives to sell homes. The dollar amount for the incentives was in access in the SSA amount. He stated that whether it is paying off SSA fees or reducing the base price of the home, there is action the developer needs to take. He noted statistics on the housing market and stated that Pulte is trying to respond to them. He explained that some builders are walking away from unfinished subdivisions and this is not something Pulte wants to do. He commented that he was not in the position to say that Pulte will continue to pay the SSA for the remainder of the community however this is the current incentive being used to spark sales. He hoped that there may be a point in time to discontinue this incentive. He stated that Pulte is not in the position to pay off the SSA for those who have already closed on their homes. Alderman Spears commented that a Pulte is off to a poor start in their efforts to build out a great community. She expressed her disappointment that Pulte can't do anything for the current residents. She commented on the decline in the market which Mr. Bmenhofer noted the company was aware of in 2005. She noted that the majority of the people present did not purchase their homes more than seventeen months ago and she wondered why the SSA wasn't discounted earlier. Alderman Leslie stated that he understood the market and the need to reduce costs however he did not understand why they were trying to circumvent the stigma they created by requesting the SSA. Page 7 of 9 Alderman Munns noted that Pulte will probably lose money after this so he suggested that the builder give the current homeowners some money back. Alderman Besco commented that this is a poor way to start a development. He felt that the payoff of the SSA is a slap in the face of those who already closed. He agreed with Alderman Munns that what they did will generate negative publicity. He stated that it is not up to the Council to decide but rather Pulte to decide and do the right thing. 3. PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision (continued) Alderman Leslie noted that this item is totally removed from the SSA issue. He stated that staff recommended that this move forward and the Economic Development Committee agreed. Attorney Roth explained that he and the staff evaluated the final plat and it is their recommendation that the final plat be approved. Alderman Spears suggested postponing the plat approval until the City Attorney reviews the Annexation Agreement. Alderman Leslie stated that he was contacted by the School Superintendent Dr. Engler who explained that there is a timing issue with the land dedication of the school. If this is delayed, the school district will have to look for another site to stay on track for the building of a school. Director Miller agreed that plat approval is needed for the construction of the school to proceed. He noted that Pulte prepared the plat at the city's request which was made on behalf of the school district. There was a brief discussion on the building of the school and how it affects residents. Alderman Leslie suggested keeping the approval of the plat and the SSA matter separate and move ahead with the plat. The City Council agreed and this item was placed on the September 25, 2007 City Council consent agenda for approval. 4. ZBA 2007-19 Sega Variance Request — Building Height Alderman Leslie commented that originally he was not in favor of this variance however after he went by the home and researched the area he approves of it. Aldermen Besco and Plocher agreed with Alderman Leslie stating that the two-story garage will fit in the neighborhood. Clerk Milschewski noted she is a neighbor of the Sega's who own a Victorian home. She commented that the garage the Sega's plan to build was probably similar to the original garage and she noted that she herself has a two-story garage that was originally a barn. Clerk Milschewski also commented that the Sega's have done wonderful restorations on their home and the garage will benefit the neighborhood. It was the consensus of the City Council to place this item on the September 25, 2007 City Council consent agenda for approval. PARK BOARD No report. PUBLIC WORKS COMMITTEE 1. PW 2007-142 202 River Road — Dedication and Vacation of Utility Easement Page 8 of 9 Alderman Besco reported that this received a positive recommendation from the Public Safety Committee. He explained that this will vacate an existing water main easement which runs under a structure and dedicates a new sanitary sewer easement. Attorney Roth commented that he reviewed the document and has spoken to the applicant's counsel. Attorney Roth recommended some form and minor substantive changes to the document. He asked that this be approved subject to legal review and final approval. The City Council agreed and this item was placed on the September 25, 2007 City Council regular agenda for approval. PUBLIC SAFETY COMMITTEE No report. ADMINISTRATION COMMITTEE 1. ADM 2007-68 Employee Drug Testing Policy Alderman Munns reported that after much research and discussion it has been decided to add pre- employment drug testing for new employees. When an offer of employment is made to a candidate, one of the conditions of employment will be passing a drug and alcohol screening. Also, screening will be done after any work related accidents however there will be no random testing. Alderman Werderich asked if since the test was for drugs and alcohol would someone who has a drink the night before the test be denied employment or fired. Alderman Munns explained that a drink the night before won't affect the test. There was discussion regarding the wording of the policy, adding the state's legal limit (.08) to the policy, Department of Transportation (DOT) standards, etc. Chief Martin suggested that the policy be reviewed by the labor attorney before the legal alcohol limit is added as he felt it might not be a good idea to add specific numbers to the policy. Mayor Burd suggested that in the future any employment issues be reviewed by the labor attorney before coming to the Council for a vote. Alderman Mums explained that the labor attorney advised against the policy. The Council agreed that the policy could be approved subject to legal review. This item was placed on the September 25, 2007 City Council regular agenda for approval. CITY COUNCIL REQUESTS COW 2007-29 City Shirt Order Alderman Golinski stated that he had requested that this item be removed from the agenda. He stated that he felt it was a good idea for the newly elected officials to have city shirts especially with the Illinois Municipal League Conference coming up however he did not want to "open a can of worms". Alderman Spears noted that the elected officials were allowed $60.00/year for apparel and it was a good idea for all of them to have city shirts. Alderman Besco stated that he would pay for his own shirt when a style and color is decided. After some discussion a shirt style (Port Authority shirt #K501 in red from Fox Valley Trading Company) was decided on and the Council was advised to give Mr. Olson their sizes so the shirts could be ordered. ADDITIONAL BUSINESS Page 9 of 9 Sycamore/Route 34 Traffic Light Alderman Munns asked for an update on the traffic light status. City Engineer Wywrot noted that the plans are at IDOT in Ottawa, Illinois and the city has not received a response yet. Alderman Munns asked who the contact at IDOT was and Mr. Wywrot stated he would get this information for him. Oktoberfest Alderman Leslie reported that tickets for the first Oktoberfest in Yorkville were on sale. The event will be held on September 29th from noon to 10:00 p.m. and there will be children's activities, a beer tent, German food, local venders and bands. The duck race which was postponed from Hometown Days will also be held. Tickets are $5.00. Somonauk Alderman Sutcliff asked about a stop sign on Somonauk Street, east of Route 47. She noted the high amount of vehicles that travel down on Somonauk and the parked cars on the road. She requested that this be looked into. There was no further additional business. PRESENTATIONS con't Hamman Farms Yard Waste Facility — PowerPoint by Diane Pobol Ms. Pobol, who arrived after the presentation section of the agenda was over, gave her presentation on the Ha mean Farms Yard Waste Facility. She requested that the city pursue a public nuisance lawsuit against Mr. Hammon and asked that the operation of the facility be stopped until rules and regulations for the facility are set. After Mrs. Pobol's presentation there was some discussion regarding an IEPA inspection of the facility. Mrs. Pobol indicated that the results of the inspection will be available in three weeks. Also discussed were different methods of application, grass clippings being prohibited, the benefit of the facility to citizens, etc. The meeting was adjourned at 9:35 P.M. Minutes submitted by Jackie Milschewski, City Clerk Agenda Item Number Bill payments for approval Tracking Number This page serves as a placeholder for the draft document Bill List , which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ o�gs agendas.cfm and indefinitely on the "Minutes" page, htlp://www.yorkville.il.us/gov mtgs minutes.cfm C/p` 2 a O EST`>� 1B36 <lE 0v cc, UNITED CITY OF YORKVILLE ORDINANCE NO. 900-7- 09 AN ORDINANCE AMENDING ORDINANCE 2007-53 (GOVERNING ORDINANCE) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 12007 Published in pamphlet form by the authority of the United City of Yorkville this day of 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. a007 - (oq AN ORDINANCE AMENDING ORDINANCE 2007-53 (GOVERNING ORDINANCE) OF THE UNITED CITY OF YORI{VILLE CITY CODE WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006-133, on June 26, 2007 as Ordinance 2007-49, on July 10, 2007 as Ordinance 2007-50, and July 24, 2007 as Ordinance 2007-53, and intends to amend said Ordinance; 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 and reaffirms Roberts Rules of Order to govern the procedures to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings, subject to all governing state and federal laws; and WHEREAS, City policies establish standing committees and designate City liaisons to other organizations that fall under the areas of business for each committee, as specified under Ordinance 2007-53 and as set forth herein; and WHEREAS, it is the desire of the City Council to authorize the chairman of the standing 2 committee to have the appointment power for each of the City liaisons so designated as being under the areas of business for the respective committee. NOW, 'THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. The Governing Ordinance is hereby further amended by deleting the following overstricken words, and adding the following underlined words: Mayor 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 Committee of the Whole meeting shall include all eight aldermen. The Mayor is a non-voting member of each committee. C. Each committee s9hall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: a. For the Committee of the Whole meeting, the chairman shall be the Mayor, and the vice-chairman shall be the Mayor Pro-Tem. b. For the Public Works, Public Safety, Administration, and Economic Development committees : after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior alderman, and so on. In the same order in which chairmanships and vice-chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairman pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman 3 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 Committee of the Whole and City Council agendas. Items may not move out of committee but for a vote of approval by 3 aldermen. E. The committee chairman s9hall 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 Boon. Dev. Corp. , Aurora Area Con. & Tourism Council, Downtown Re-development Public Safety Human Resource COMM., School District, KenCom Administration Metra, Library, Cable Consortium Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent 4 jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF Y1 JOSEPH BESCO GARY GOLINSKI _ _ ARDEN JOSEPH PLOCHER n WALTER WERDERICH n MARTY MUNNS ROSE ANN SPEARS T JASON LESLIE —f— Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK C5esi5. 1 5 Agenda Item Number PW st Tracking Number PW 2007-162 This page serves as a placeholder for the draft document Route 34ISycamore Intersection Improvements - Agreements, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.ii.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm =\CEO cir o e % Agenda Item Number EDC#1 Tracking Number PC 2007-22 This page serves as a placeholder for the draft document B & P Properties; a. Ordinance Authorizinz Execution of Amended Annexation Agreement; b. Ordinance Rezoning, which was included in the November 13, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://wwwyourkville.il.us/gov mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `CEO CI �2 o <CE Y