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City Council Packet 2007 12-18-07 CIP United City of Yorkville 4 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 `` Telephone: 630-553-4350 0 K0 E�1`„ Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, December 18, 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: To be announced City Hall Conference Room Economic Development Committee: To be announced City Hall Council Chambers Administration Committee Meeting: To be announced City Hall Council Chambers Public Safety Committee Meeting: To be announced City Hall Conference Room City Council Meeting Agenda December 18, 2007 Page 2 Presentations: None ------------------------------------------------------- ----------------------------------------------- Public Hearings: 1 . Marlo Letterle, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from United City of Yorkville R- 1 Residential District to United City of Yorkville A- 1 Agricultural District with a Special Use for boarding activity and for hearing as to the annexation agreement of Petitioner. The real property consists of approximately 11 acres, located at 4378 Eldamain Road, Plano, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1 , PC 2007-36 Ordinance Approving the Rezoning of Certain Property From R- 1 to Estate District Zoning Classification (Pobol Property) - authorize Mayor and City Clerk to execute 2. PC 2007-38 Resolution Approving the Preliminary and Final Plat of Subdivision for Menard's Commercial Commons 6`h Addition - authorize Mayor and City Clerk to execute 3 . PC 2007-37 Ordinance Authorizing the Execution of an Amended and Restated Planned Unit Development Agreement (Blackberry Woods) - authorize Mayor and City Clerk to execute 4. EDC 2007-49 Resolution Approving 5 Month Extension for Recording Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal-Mart) - authorize Mayor and City Clerk to execute 5. EDC 2007-50 Intergovernmental Agreement for Integrated Transportation Plan and Fox River Watershed — approve grantfunding match in an amount not to exceed $10,200. 00 and authorize Mayor to execute 6. EDC 2007-52 Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal - authorize Mayor and City Clerk to execute 7. COW 2007-44 Cable and Video Competition Bill a. Ordinance Amending Municipal Code by Establishing Standards for the Construction of Facilities on the Rights-of-Way - authorize Mayor and City Clerk to execute b. Ordinance Amending Municipal Code Authorizing A Cable/Video Service Provider Fee and Peg Access Support Fee- authorize Mayor and City Clerk to execute c. Ordinance Amending Municipal Code Authorizing A Cable & Video Customer Protection Law - authorize Mayor and City Clerk to execute 8. CC 2007-19 Ordinance Approving a Settlement Agreement - authorize Mayor and City Clerk to execute 9. CC 2007-20 Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: City Council Meeting Agenda December 18, 2007 Page 3 Minutes for Approval(Corrections and Additions): Minutes of City Council—October 23, 2007 and November 27, 2007 Minutes of Special City Council—December 11, 2007 Minutes of Committee of the Whole—November 27, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $2,417,810.92 (vendors) $ 262,048.13 (payroll period ending 11/24/07) $ 256,321.22 (payroll period ending 12/8/07) $ 961.86 (payroll period ending 12/9/07) $2,937,142.13 (total) Reports: Mayor's Report: 1. CC 2007-21 Proclamation for National Drunk and Drugged Driving (3D) Prevention Month 2. 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 3. COW 2007-35 Montgomery Boundary Agreement City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: 1. COW 2007-47 Meeting Structure and Schedule for 2008 Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: City Council Meeting Agenda December 18, 2007 Page 4 Reports (con't): Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . PW 2007- 182 Well No. 4 Rehabilitation Contract 2. PW 2007- 193 In-Town Road Program — Roadway Change Order #3 Economic Development Committee Report: 1 . No Report. Public Safety Committee Report: 1 . PS 2007-34 Ordinance Approving the On-Street Parking Ban for Somonauk Street (Rt. 47-Colton) Administration Committee Report: 1 . ADM 2007- 113 Sunflower Estates SSA 2006- 119 Abatement Ordinance 2. ADM 2007- 123 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1 , 2008 and Ending April 30, 2009 for the United City of Yorkville Additional Business: Executive Session: 1 . For 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. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ........ 'PUBLIC WORKS'; - - - - Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff City Council Meeting Agenda December 18, 2007 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ;ECONOMIC DEVELOPMEN Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development ;PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher - -- -- ---- - iADMINISTRATION ------__ ________- -- ------------------------------------------------------------------------ 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, December 18, 2007 Immediately following Committee of the Whole CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: 1 . Letterle -------------------------------------------------------------------------------------------------------------------°------------------- CITIZEN COMMENTS: --------------- ------- ----------- ------------------ -------------------- ----------------------------- ------------------------ CONSENT AGENDA: ---------------------- ------------------------------- ---------------------------------------------- ---------------------------- 1 . PC 2007-36 Ordinance Approving Rezoning (Pobol Property) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2007-38 Resolution Approving Prelim/Final Plat for Menard's Commercial Commons 6th Addition ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------ ------------------- ------------------------------------------------------------ 3 . PC 2007-37 Ordinance Authorizing Execution of Amended PUD Agreement (Blackberry Woods) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2007-49 Resolution Approving 12 Month Time Extension for Recording Final Plat (Yorkville Crossing Unit 1/Walmart) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------ ----------------------------------------------------- ----------------------------- ------------ 5. EDC 2007-50 Intergovernmental Agreement for Integrated Transportation Plan (Grant Funding Match) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------------------------------------------------------------------- ----------------- 6. EDC 2007-52 Aurora Area Convention & Visitor Bureau Intergovernmental Agreement Renewal ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. COW 2007-44 Cable and Video Competition Bill a. Right-of-Way Ordinance ❑ Approved ❑ Subject to ❑ Removed b. Franchise Fee and Peg Fee Ordinance ❑ Approved ❑ Subject to ❑ Removed c. Customer Service and Privacy Protection Ordinance ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------- ---------------------------------------------------------------------- ------------------------------ ------------- S. CC 2007-19 Ordinance Approving a Settlement Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------- ------------------------------------------ ---------------------------------------------------------------------- 9. CC 2007-20 Ordinance to Acquire Real Estate (Clark Property) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------- ------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL/CORRECTION: ------------------------------ ----------------------------------------------------------------------- -------------------------------- 1 . City Council — December 11 , 2007 ❑ Approved ❑ As presented ❑ With corrections 2. City Council — December 11 , 2007 ❑ Approved ❑ As presented ❑ With corrections 3 . Special City Council — December 11 , 2007 ❑ Approved ❑ As presented ❑ With corrections 4. Committee of the Whole — November 27, 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ---------------------- --------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2007-19 Proclamation for National Drunk and Drugged Driving (31)) Prevention Month ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------....................... 2. COW 2007-40 Ordinance Approving Amendment to Downtown TIF to Remove Certain Parcels ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. COW 2007-35 Montgomery Boundary Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY ADMINISTRATOR REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1. COW 2007-47 Meeting Structure and Schedule for 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------............. 1 . PW 2007-182 Well No. 4 Rehabilitation Contract ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------ ------- ------------------------------------------- ------------------------------------------------------------ 2. PW 2007- 193 In-Town Road Program — Roadway Change Order #3 ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------ ---------- --------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE: - - ---------- ----------------------- ----------------------------------------------------------------------------------------- 1 . PS 2007-34 Ordinance Approving the On-Street Parking Ban for Somonauk Street (Rt. 47 — Colton) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------- ------------------------------------------------------------ ------------------------- ------------------------------ ADMINISTRATION COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . ADM 2007- 113 Sunflower Estates SSA 2006- 119 Abatement Ordinance ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2007-123 2008-2009 Tax Levy Ordinance ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------------------------------------------------------------------ -------------------------- ---------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 6- C)J.yO United City of Yorkville 4V t T 800 Game Faun Road Es 1835 Yorkville, Illinois 60560 o (r � N Telephone: 630-553 -4350 E l�"•=o Fax : 630-553 -7575 7 PC # t � � APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL /USES REQUEST (T / Development Name: Letterle Date of Submission: o� p / 0 Requesting: )g Annexation ;N Zoning [1 Planned Unit Development 11 Special Use: 1 . Name of Petitioner(s): Mario Letterle Address: 4378 Eldamain Road , P(ano;, IL 60545 Phone Number: ( 815 ) 370-8645 Fax Number: Email Address: Relationship of Petitioner(s) to subject property: )1 Owner )Q Developer 0 Contract Purchaser 2. Name of holder of legal title, if different from #1 : NIA If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: N /A 3. a). (i). Street address and physical location of subject property: 4378 Eldamain Road , PLano , IL 60545 (ii). Zoning of surrounding parcels: North: R-4 General Residence District South: A- 1 Agricultural District East: R-2 One Family District ( Fox Hill ) West: Special Use - Vetrenary Office b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 11 d). Kendall County Parcel Number(s) of property: 02-30- 100- 005 & 02-30- 100-006 e). Current Zoning Classification: A- 1 Agricultural District f). Zoning Classification Requested: A- 1 Anriridttiral Soecial Use, R-1 Flax Zoning g). Is this property within City limits? Yes X lvo, requesting annexation Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,5pecial Use Application Revised: 11/28/06 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit 'B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? yes If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J . Kramer , 1107A S . Bridge St . , Yorkville IL 60560 nh6np : 553-9500 fax • 553-5764 Attorney: Name: Daniel J . Kramer Address: 1107A S . Bridge St . , Yorkville , IL 60560 Phone Number: 553-9500 Fax Number: 553-5764 Email Address: Dkramer @dankramerlaw . com Engineer: Name: N /A Address: Phone Number: Fax Number: Email Address: Surveyor Land Planner: Name: Phil Young & Assoiytates Address: 1107B South Bridge Street Yorkville IL 60560 Phone Number: 553- 1580 Fax Number: 553- 1685 Email Address: N / A Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pelf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) Subscribed and sworn to before me this � day of ftu. )urf t 1200 _. C n c31� Notary Seal l� �a THIS APPLICATION MUST BE NOTARIZED. " OFFICIAL SEAL GOLLEEP4 HANSGN NOTARY PUBLIC, STATE OE ILLINOIS h4Y C01Jth15" It, �EXPIRE /20j2007 Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 o United City of Yorkville Memo a �n " 800 Game Farm Road EST. -1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 O¢ 4 p Fax: 630-553-3436 Date: November 2, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-35 Letterle Property Annexation and Zoning Request Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Park/Open Space Land Use for the majority of the property most likely due to the Rob Roy Creek watercourse bisecting the property. The predominant land use proposed for the surrounding areas is Suburban Residential. In addition to satisfying open space for recreational needs, the Comprehensive Plan goal and Objectives for Park/Open Space areas include the preservation of areas of unique scenic or natural quality. A common theme repeated in the Comprehensive Plan is the preservation of rural character, respecting and enhancing natural and historical resources. Staff Comments: 1 . The current use of the property for boarding horses and equestrian activities is rural activity consistent with the combined recommendations of the Comprehensive Plan. 2. Agricultural District zoning allows for Riding Academies and Stables are listed as a Special Use. Staff recommended the petitioner to request A-1 Zoning with a Special Use to allow for the existing land use to remain on the property upon annexation. 3. Staff recommends the Annexation Agreement include the following provisions: a. A requirement for the owner to reimburse the City $3,464.95 upon annexation for the properties proportion of the cost for the Rob Roy Creek Flood Study conducted in 2002 which benefited this property by determining the flood plain location for the Rob Roy Creek. The reimbursement amount is based on a $5.29/lineal foot rate calculated at the time the study was prepared; 1 b. A provision allowing the gravel drive and parking areas to remain on the property with a requirement to pave the segment of the driveway 25 ' from the driveway intersection with Eldamain Road to allow for safe ingress/egress from the property; c. A requirement for the owner to dedicate a 60' 'h Right-of-way along Eldamain Road to Kendall County upon annexation; d. A provision relieving the City to provide any public utilities to the property upon annexation; e. A requirement for the owner to dedicate a 20' trail easement to the City along the Eldamain Road frontage outside of the dedicated right-of-way; f. A requirement for the owner to dedicate a 10' sanitary sewer easement paralleling the Rob Roy Creek with a 50' construction easement for a future sanitary line. Staff would support/recommend a provision to require the City to prepare these easement documents at the time it is necessary to convey. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) Findings Necessary to approve a Special Use shall be based on the following: t . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 2 3 . The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5 . Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 3 Nor - 1 le e � _ I i .rR , 1 — 1 1.' � _ g I YrMwM LC 0 fl I , 1 { -� n»asaca+eauaoD Im.n I �II ; rnAN81IVMALXBf O11MCdB iMl.f nsw r _ I!Rf9itg14tnL1�.1tl(d1P+TM Nsls r.a'3 IanAA nax 1 - �;- / aFlVVain+rcxrmnnmwt Ffcl »e 1 � '. /: PXH1lCX4L9HliUS� rnS.n LXt • - _ �� Pawtwlxatn[E lAlrJ MM OA6RVi 11NAi - � Ppp96FDRYCE PXmamPe.ASAmuaaEe munaam - * + ]9RlGtER4Ml%YTCYAXEA PEn R.HOPPE U/itilii,&�t:4\t N; f1 YLMe' srl`nuoser�^cure»cvaoxeesm 1..,r,.:s..o-.wD.w:...rr,.�ree...,m miaausrxzrxs wrE u.v::.,rxsr rn.mw,�.+,. ,, m.,us+wvnnu uxPS smex .nw'•IEC[A 4.n:L+ /-1'(,n yr!9.EN+ �+ wr mr The United City f Yorkville + isY naxAm sev,ear>EU lo.xwa saF Gene Farm Rd CE7MPREHEPI5I�IE PLAN) neVSeu .znus Yakvilkr.IL 6V60 UNITED'CITY OF YOR.KVILLE eao-5U5 4W. tumpruu,ay!yea yagna Nn o nrpA �6,♦4 u C C Ia - ryi A _ r111I Q"s all Wl Ml A'1 0 1 �i°// /I X11�� ♦ � /' -. . , - mu m z f: t t I •� u:�MINN.y.,e�rrnur•�``�� •,y rari t7� r �-- C ■ arm �unum i unxm i rrA a �u nnnuummr b T1 s�a�Ilnmm�uru� ♦ �;,,:r�iii��i ca`�� fill0 �iEn appropriateness of Its use.The United City of Yorl,01arnakee,ft 5=.M.ff AT�T,,Flf warranUes.expressed or implied.to Me useof line Daft. }�P Y •Yx '.5[ l ( � L ' � Y r e .. 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First et r s c ( X207 .emdP v x a ei - r c ynu r .r t If me s w 0 prs cold w ip t 4 ( 1 s i 07401 1 g r v u 0 '' il m«- nnm L ; ntme 1' DCwM " ^•orl t G t ' 2t i . l to I C t F 1 of Ne d f r r Upoint , J ow ..fn $ 1 ' ... 5 te 9315 M1y I .a e d 1 3 SO 80 r n ,y T :o 4 rc V CLS Cod. /:.a.. rri f .nx. n rl U = 1 SU ( iQQ F i Y 1 H 4 'f plant, F f a 1 ti'llhe Therth West, Yy z 11 It .c n Arms efirrier r P, hate , lr:r Oi[ k' p 4 April 5. 2007 ° sic;jam December 14, 2007 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF MARLO LETTERLE AND THE UNITED CITY OF YORKVILLE This Annexation Agreement (hereinafter"Agreement"), is made and entered into this _day of , 2008, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as: "CITY" and MARLO LETTERLE, herein after referred to collectively as "OWNER/DEVELOPER". WITNESSETH WHEREAS, OWNER/DEVELOPER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 11 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time. OWNER/DEVELOPER proposes that the PROPERTY be rezoned as A-1 Agricultural Special Use and R-1 One Family Residence District Flex Zoning as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit `B", and in the Special Use drawing attached hereto and incorporated herein by reference as Exhibit "C". WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY have or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and 1 WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2007), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER/DEVELOPER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as A-1 Agricultural Special Use and R-1 One Family Residence District Flex Zoning as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "B". B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses 2 on the PROPERTY that are reflected in this Agreement. C. In the event OWNER/DEVELOPER desires to develop the subject PROPERTY for residential purposes OWNER/DEVELOPER acknowledges she must comply with all City Preliminary and Final Platting process, and comply with all City Zoning and Subdivision Control Ordinance requirements. No further public hearing shall be required for zoning. 3. ANNEXATION TO SANITARY DISTRICT. OWNER/DEVELOPER shall not be required to annex to the Yorkville-Bristol Sanitary District unless further residential development takes place on the subject PROPERTY. 4. DONATIONS AND CONTRIBUTIONS. A. In the event further residential development, the OWNER/DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single-family building permit. Said fees are being paid voluntarily and with the consent of OWNER/DEVELOPER and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNER/DEVELOPER or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five (5) years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five (5) year period OWNER/DEVELOPER and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNERS knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any of the subject PROPERTY so long as used for agricultural or special use purposes under the terms of this Agreement. 3 B. OWNER/DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances if the PROPERTY is developed for residential purposes as to any new residential units. OWNER/DEVELOPER shall be subject to the requirements under existing City Ordinances for a period of five (5) years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five (5) year period OWNER/DEVELOPER and/or any DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under the then existing City Ordinance. C. It is understood and agreed between the parties hereto that the PROPERTY may continue to be used and occupied(without any change or alteration) for the current farming uses and Special Use for horse boarding and horse riding lessons. D. (i) A requirement for the owner to reimburse the City Three Thousand Four Hundred Sixty-Four Dollars and 95/100 ($3,464.95) upon development of the PROPERTY with approval of a Final Plat of the subject PROPERTY for the PROPERTY's proportion of the cost for the Rob Roy Creek Flood Study conducted in 2002 which benefited this PROPERTY by determining the flood plain location for the Rob Roy Creek. The reimbursement amount is based on a $5.29/lineal foot rate calculated at the time the study was prepared. (ii) A provision allowing the gravel drive and parking areas to remain on the PROPERTY with a requirement to pave the segment of the driveway twenty-five feet (25') from the driveway intersection with Eldamain Road to allow for safe ingress/egress from the PROPERTY. (iii) A requirement for the OWNER/DEVELOPER to dedicate a sixty foot (60') one-half(1/2) right-of-way along Eldamain Road to Kendall County upon annexation. (iv) A provision relieving the City to provide any public utilities to the PROPERTY upon annexation. (v) A requirement for the OWNER/DVELOPER to dedicate a twenty foot (20') trail easement to the City along the Eldamain Road frontage outside of the dedicated right-of-way. (vi) A requirement for the OWNER/DEVELOPER to dedicate a ten 4 foot (10') sanitary sewer easement paralleling the Rob Roy Creek with a fifty foot (50') construction easement for a future sanitary line. Staff would support/recommend a provision to require the City to prepare these easement documents at the time it is necessary to convey. E. OWNER/DEVELOPER shall not re required by THE UNTIED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement, but may do so upon its desire to obtain those services, when available to the subject PROPERTY; or upon further development of the subject PROPERTY. F. In the event City water and sewer are unavailable at the time OWNER/DEVELOPER desires to develop the subject PROPERTY, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject PROPERTY, the City shall consider soil types, density, intended use of the development, and proximity of the subject PROPERTY for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation, police protection; 911 service, and library service will be provided by the City at no charge to OWNER/DEVELOPER. 5. OVERSIZING. In the event OWNER/DEVELOPER is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER/DEVELOPER's costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER/DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER/DEVELOPER 5 agrees to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER/DEVELOPER in this Agreement to undertake any of the development obligations in this Agreement;those obligations being the responsibility of the OWNER/DEVELOPER of the subject parcel and/or future OWNER/DEVELOPER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road 6 Yorkville, IL 60560 OWNER/DEVELOPER Marlo Letterle 4378 Eldamain Road Plano, IL 60545 OWNER/DEVELOPER'S ATTY: Law Offices of Daniel J. Kramer I I 07 S. Bridge St. Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY 7 agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 11. USE OF PROPERTY FOR AGRICULTURAL/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for agricultural purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNER/DEVELOPER By: Marlo Letterle Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, IL 60560 630-553-9500 8 Agenda Item Number CA#1 Tracking Number PC 2007-36 This page serves as a placeholder for the draft document Ordinance Approving the Rezoning of Certain Proper frown R-1 to Estate District (Pobol Property), which was included in the December 18, 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, htlp://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/ og v mtgs minutes.cfm tED C/TL a � Fsr 1 teas L,GI � f9 <LE' y Agenda Item Number CA#2 Tracking Number PC 2007-38 This page serves as a placeholder for the draft document Resolution Approving the PreliminaLE & Final Plat for Mendard's Commercial Commons 6`h Addition, �1 which was included in the December 18, 2007 COW packet. 'lease 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/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `QED C/TY g p9 11 fit, \O LE Agenda Item Number CA n3 Tracking Number PC 2007-37 s This page serves as a placeholder for the draft document Ordinance juthoLkt2g the Execution of an Amended E� and Restated PUD Agreement LRlackberry Woods), which was included in the December 18, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the E 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 \,QED C/TY J= 99pp�- O rsr� �eae �<tE `yy Agenda Item Number CA#4 Tracking Number EDC 2007-49 This page serves as a placeholder for the draft document Resolution Approving S Month Extensi®n fgr Ilecordin Final Plat Lor Yorkville Crossing Unit I ( Val-Mgro, which was included in the December 18, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the f n use the City document, or please y website to download the above listed packet. Packets on the website are kept in their entirety or a minimum of one month Y ,. 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 fpD C/TY Z, O F T , 1096 p9 �R4e'4a.., p <CE PY`2 Agenda Item Number CA#5 Tracking Number EDC 2007-50 This page serves as a placeholder for the draft document Intergovernmental Agreement for Integrated 7'ranWortation Plan and Fox River Watershed, which was included in the December 18, 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 mtgs agendas.cfm and indefinitely on the "Minutes" page, � http://www.yorkville.il.us/ o� v mtgs minutes.cfm ,� IRwo 2� Agenda Item Number CA#6 Tracking Number EDC 2007-52 This page serves as a placeholder for the draft document Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal, which was included in the December 18, 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 ej r 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/jzov mtgs minutes.cfm \CEO orr .x <GE Py Agenda Item Number CA#7 Tracking Number COW 2007-44 This page serves as a placeholder for the draft document Cable and Video Competition Bill, which was included in the December 18, 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 `,QED CITY J2 r T EST ' 16M UItI-`� y `COO C/r y Reviewed By: Agenda Item Number J2 4 Legal ❑ CA#8 EST. 1 1636 Finance ❑ 1 -- Engineer El Tracking Number City Administrator ❑ Consultant ❑ CC 2007-19 SCE `w ❑ Agenda Item Summary Memo Title: Ordinance Approving a Settlement Agreement Meeting and Date: City Council—December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2007- ORDINANCE APPROVING A SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen in connection with the development of certain property within the borders of the United City of Yorkville, Kendall County, Illinois (the "City"); and, WHEREAS, it is deemed in the best interest of the City to agree to a settlement of such dispute and avoid the extraordinary costs of litigation. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Settlement Agreement pertaining to the Block-Hall Sunny Valley Farm is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver same. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. ADOPTED this day of 2007, pursuant to roll call vote as follows: ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 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 2 i Reviewed By: Agenda Item Number � 0 ` 114U ® J Legal ❑ CA #9 EST. 'Z ""' '... s Finance lea ❑ ��- Engineer ❑ Tracking Number m h City Administrator ❑ 0� [® nn�M O Consultant El CC 2007-20 ❑ Agenda Item Summary Memo Title: Ordinance to Acquire Real Estate — Clark Property Meeting and Date: City Council — December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: Memorandum Esc 1 i83s To: Elected Officials From: Brendan McLaughlin, City Administrator Date: December 13 , 2007 Subject: Real Estate Acquisition — Clark Property LE In Closed Session at the October 9`h City Council Meeting, the City Council authorized the City Administrator to negotiate for the purchase of Real Property located at the Southeast corner of Main Street and North Bridge Street. The Sellers have agreed to the dollar amount and terms provided in the attached Purchase Agreement. Pursuant to State Statute, the City Council must adopt an Ordinance to acquire real estate and authorize execution of the Purchase Agreement. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- ORDINANCE TO ACQUIRE REAL ESTATE FOR THE PURPOSE OF EXPANDING THE CITY'S RECREATIONAL PARKS AREA WHEREAS, the United City of Yorkville, Kendall County, Illinois is a municipal corporation of the State of Illinois authorized to purchase, establish and maintain public parks for the use and benefit of the inhabitants of the City pursuant to section 11 -98- 1 of the Illinois Municipal Code; and WHEREAS, the owners of certain real estate consisting of approximately 6.24 acres, (desires to convey to the City said Subject Property the "Subject Property") for use as a public park at a purchase price substantially less than the appraised value thereof; and WHEREAS, the City desires to acquire the "Subject Property" for the purpose of expanding its recreational park area thereby enhancing the wealth, welfare and improvement to the lifestyle of its citizens. NOW, THEREFORE, be it resolved by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: SECTION 1 . The Agreement for the Purchase and Sale of Real Estate by and between the City and Ronald William Clark, Jr., Richard Hopkins Clark and Sharon Clark Gaskill (collectively, the "Sellers") as presented to this meeting of the City Council and attached hereto as Exhibit A is hereby approved. SECTION 2. The Mayor and City Cleric are hereby authorized to execute said Agreement and hereby directed, along with the City Attorney, City Treasurer and City Administrator, to undertake any and all actions as may be required to implement all of its terms. SECTION 3 . The Ordinance shall be effective upon its passage, approval and as otherwise provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 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 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT for the purchase and sale of real estate (the "Agreement"), is entered into as of , 2007, by and between Ronald William Clark, Jr., Richard Hopkins Clark and Sharon Clark Gaskill (the "Sellers") and the United City of Yorkville, Illinois (the "Purchaser"). WITNESSETH WHEREAS, Sellers are the owner of the property (as defined below); and WHEREAS, Purchaser desires to purchase from Sellers and Sellers desire to sell to Purchaser all of the property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE 1 AGREEMENT TO PURCHASE AND SELL 1. 1 Subject Property. Subject to Section 1 .2 below, Sellers agree to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, Sellers' rights, title and interest in and to the property legally described on Exhibit A attached hereto and made a part hereof, without the improvements thereon (collectively, the "Subject Property"), generally consisting of approximately 4.34 acres of real property currently improved with a single family residential structure and accessory structure(s) if any, all being located at the southeast corner of Main Street and Route 47 in the United City of Yorkville, Illinois. Prior to the transfer of possession to the Purchaser, the Sellers shall demolish all improvements as provided in Section 2.6 below. The Subject Property consists of three parcels of land identified by the following tax property index numbers: Parcel l : PIN 02-33-108-001 ; Parcel 2: PIN 02-33- 108-004; Parcel 3: PIN 02-33-108-005. In the event of any conflict or discrepancy between the general descriptions of the Subject Property in this paragraph and the legal description, the legal description shall govern. 1. 2 Title. Sellers shall convey to Purchaser upon payment in full of the Purchase Price as established in Section 2. 1 below (the "Closing"), Sellers' rights, title and interest in and to the Subject Property, together with all privileges, rights, easements, hereditaments, and appurtenances belonging to the Subject Property, except that a life estate and possession shall be reserved for the life of Seller, Ronald William Clark, Jr.. Said life estate shall terminate upon the earlier of(i) the death of Seller, Ronald William Clark, Jr., (ii) Seller, Ronald William Clark, Jr.'s written notice to Purchaser of his surrender of the life estate, or (iii) Seller, Ronald William Clark, Jr.'s abandonment of possession of the Subject Property for at least 60 continuous days. 1. 3 Future Uses of the Subject Property. It is intended by the parties that after the termination or expiration of Ronald William Clark, Jr.'s life estate, the Subject Property will be maintained predominantly as open space and be put to recreational, educational, or other public open space purposes. The Parties agree that the Subject Property shall be known as Hopkins Park, honoring Sellers' great-grandfather. Sellers shall deliver to Purchaser at Closing, a warranty deed that will contain a restrictive covenant limiting the use of the Subject Property after the termination or expiration of Ronald William Clark, Jr.'s Iife estate, to park use, open space. 1. 4 Possession. Possession of the Property shall be delivered to the Purchaser upon the earlier of (i) the death of Seller, Ronald William Clark, Jr., (ii) Seller, Ronald William Clark, Jr.'s written notice to Purchaser of his surrender of the life estate, or (iii) Seller, Ronald William Clark, Jr.'s abandonment of possession of the Subject Property for at least 60 continuous days and the demolition of all improvements thereon as provided in Section 2.6 below. ARTICLE 2 PURCHASE PRICE 2. 1 Purchase Price. The purchase price (the "Purchase Price") to be paid by the Purchaser to Sellers for the Subject Property described below is $550,000.00. The Parties have agreed to the following payment schedule as defined in Section 2.5 of this Agreement. 2.2 Earnest Money. None, 2. 3 Closing Costs. The Purchaser shall pay all closing costs associated with the execution of this Agreement including but not limited to the following: Title Policy; Survey (as defined below); any transfer taxes or stamps; recording charges; Title Endorsement; escrow fees; and all other fees in connection with the Closing. However, each party shall pay its own legal fees. 2. 4 Closing Proration and Adjustments. All items of income or expense, including taxes and assessments, shall be prorated as of the date of the Closing. Closing prorations and adjustments shall be payable by credits to Purchaser at Closing. 2.5 Payment of Purchase Price. The Purchase price shall be payable in installments, as follows: Installment 1 - Within 30 days of proof of good title: $100,000.00; Installment 2 - on or before June 1 , 2008: $100,000.00; Installment 3 - on or before June 1 , 2009: $100,000.00; Installment 4 - on or before June 1, 2010: $125,000.00; Installment 5 - on or before June 1, 2011 : $125,000.00, plus or minus proration, if possession has been conveyed to the Purchaser or upon delivery of possession. 2 Purchaser may pre-pay, without penalty, all or part of any installment, or the entire unpaid Purchase Price at any time prior to any due date. 2. 6 Demolition of Improvements to Subject Property. Sellers agree to have the improvements demolished and all foundations removed in accordance with all state and United City of Yorkville standards, and the site properly graded, at sellers' sole expense, within six (6) months after the expiration of Ronald William Clark, 7r.'s life estate. 2. 7 Charitable Contribution. The parties to this contract agree that the value of the Subject Property as recently appraised by Sellers is greater than the Purchase Price, and that the difference between the fair market value of the Subject Property and the Purchase Price will be claimed by Sellers as a charitable contribution. Purchaser does not guarantee the qualification of any charitable contribution for purposes of any income tax benefits to Seller under the Internal Revenue Code of 1986, as amended, but agrees to cooperate with Sellers, and execute any forms or statements presented by Sellers that memorialize any terms or aspects of this transaction. ARTICLE 3 TITLE INSURANCE AND SURVEY 3. 1 Title Commitment. Within twenty (20) days after the execution of this Agreement (the "Effective Date"), Seller shall deliver to purchaser: (a) a survey of the Subject Property (the "Survey"); and, (b) a commitment for Title Insurance in the amount of the Purchase Price. 3. 2 Title and Survey Objections. Within twenty (20) days after Purchaser receives the Title Commitment, the Title Documents, and the Survey, Purchaser shall deliver to Sellers: (a) a list of any objections to title and survey matters with respect to the Subject Property (the "Title Objections"); and the manner in which such Title Objections may be cured to Purchaser's satisfaction; and (b) a list of those endorsements that Purchaser requires be included as part of the Title Policy (the "Title Endorsements"). Sellers shall be obligated to cause any Title Objections relating to financing liens, mechanic's, materialmen's or similar liens, tax liens or delinquent taxes, and leases or other occupancy rights or agreements to be deleted from the Title Commitment prior to the Closing, and if Sellers fail to do so, Purchaser may, in addition to all other rights and remedies, deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. Within ten (10) days after Sellers receive the Title Objections, Sellers shall notify Purchaser in writing of any Title Objections which Sellers either refuse to cure or are unable to cure in the manner specified in Purchaser's notice, provided that Sellers shall be obligated to cure the Title Objections described in the immediately preceding sentence. In addition, notwithstanding anything contained herein to the contrary, at the Closing, Sellers shall pay all Taxes assessed against the Subject Property which are due and payable to the date of the Closing. Sellers shall be deemed to have agreed to cure, in the manner specified in Purchaser's notice, any Title Objections which are not described in Sellers' notice, and all such Title Objections shall be cured by Sellers prior to the Closing in the manner specified in Purchaser's notice. If Sellers fail to deliver any such notice within said 10-day period, Sellers shall be deemed to have agreed to cure all Title Objections in the manner specified in Purchaser's notice, at or before the Closing. Purchaser shall have the right, by giving notice to 3 Sellers within ten (10) Business Days after Purchaser is notified by Sellers of their refusal or inability to cure any one or more of the Title Objections in the manner specified in Purchaser's notice, to: (i) terminate this Agreement, or (ii) elect to proceed pursuant to this Agreement, thereby waiving its objection to such Title Objections described in Sellers' notice, but with the right to deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. For purposes of this Agreement, the term "Permitted Exceptions" means (i) title matters that are disclosed by the Title Commitment and are not identified by Purchaser as Title Objections, and (ii) any Title Objections waived by Purchaser as provided above. If Purchaser terminates this Agreement pursuant to this Section 3 .2, then neither party shall have any further rights or obligations under this Agreement, except for those rights and obligations that expressly survive a termination of this Agreement. ARTICLE 4 COVENANTS, REPRESENTATIONS AND WARRANTIES 4. 1 Representations. Sellers (and any persons executing this instrument on behalf of Sellers) represent and warrant that Sellers are the owners in fee simple of the Subject Property, that Sellers are fully authorized and empowered to execute and deliver this instrument, and that there is no lien, encumbrance, contract or governmental prohibition against the execution and delivery of this instrument and the performance by Sellers of all of Sellers' obligations hereunder. Purchaser (and any persons executing this instrument on behalf of Purchaser) represents and warrants that Purchaser is fully authorized and empowered to execute and deliver this instrument, and undertake the performance and enforcement of this instrument and the obligations hereunder. Purchaser agrees to take all steps necessary to appropriate or budget funds necessary to make the installment payments under this Agreement. 4.2 Agreements. Neither the execution and the delivery of this Agreement by each party, nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, law, mortgage, lease, agreement, indenture or other instrument to which such party is a party or by which the Subject Property or such party is bound. 4. 3 No Conveyances or Further Liens. From and after the execution of this Agreement, Sellers shall not: (i) cause, suffer or permit any act which results in any additional exceptions to title affecting the Subject Property or any portion thereof, (ii) sell transfer, alienate, lease or encumber any part of the Subject Property or any interest therein to or in favor of any person or entity other than the Purchaser, or (iii) take any action that would alter any of the matters depicted, or create additionally matters not depicted, on the Survey. 4. 4 Litigation. Each party represents to the other that they are aware of no pending litigation, proceeding, claim or investigation, including, without limitation, any condemnation proceeding, pending or to the best of their knowledge, threatened, which affects or could reasonably be expected to affect them, the Subject Property, the transactions contemplated by this Agreement, or the other party's intended use of the Subject Property. 4 4. 5 Inconsistent Actions. Sellers and Buyer shall not take any actions that are inconsistent with their obligations under this Agreement, or that may delay or interfere with the consummation of the transactions contemplated by this Agreement. 4. 6 Surviving Agreements. There are no unrecorded leases, contracts, agreements, or other documents affecting the Subject Property that will survive the closing and be binding upon Purchaser of the Subject Property. ARTICLE 5 THE CLOSING 5. 1 Closing. (a) If the title commitment displays good title, subject only to permitted exceptions, then, within thirty (30) days thereafter or if the provisions of Section 5. 1 (b) are applicable and Purchaser is obligated to take title or elects to take title (as the case may be), then Purchaser will pay to Sellers the payments as specified in Paragraph 2.5. (b) If the title commitment discloses unpermitted exceptions, Sellers shall have 30 days from the date of delivery of the title commitment to remove, correct or have the title insurer commit to insure against loss or damage that may be occasioned by the exceptions. (c) Sellers warrant that no party in possession, no contractor who has furnished labor or materials, and no other person has any right, title, interest, lien, claim or charge against the property (d) This Agreement has been executed in two duplicate originals by the parties. This Agreement, however, will not confer any legal or equitable estate or interest in the property on the Purchaser until the Purchaser has fully performed this Agreement. (e) Sellers warrant that no notice from any city, village or other governmental authority of a dwelling code violation had been received by the contract seller, or their principal or agent, within 5 years of the date of this installment contract. (f) Sellers shall be responsible for all real estate taxes on the subject property until the final closing. (g) The Closing shall take place on the earlier of(i) payment in full by the Purchaser and receipt of possession or (ii) June It, 2011 , if payment of the Purchase Price in full has been made and possession has been delivered to the Purchaser and pursuant to paragraph 2.5. 5.2 Conveyance to Purchaser. Pursuant to this contract at the Closing, Purchaser will be entitled to receive a warranty deed to the property. 5. 3 Seller Remedies. 5 A. If Purchaser fails to discharge or pay any claim which may ripen into a mechanic's lien or tax lien against the property, then Sellers may, without any obligation to do so, discharge any tax lien or mechanic's lien affecting the property without any obligation to examine or inquire into the legality or validity of any matter. Purchaser agrees to repay Sellers immediately on demand, together with interest at the rate of 10%, all of which expenditure and interest will be added to and become a part of the purchase price. Purchaser will have the right to contest any lien of this nature, in which event seller will only have the right to require Purchaser to post reasonable security, and will only pay out against this security on entry or judgment enforcing the lien. B. If Purchaser fails to make any part of the payments at the time and in the manner specified, or to perform any covenant of this contract, and if the failure or default continues for a period of 30 days after notice of the failure or default to Purchaser, then all payments made by or on behalf of buyer to payee under this Agreement may be forfeited in satisfaction of the damage sustained. Sellers will have the right to reenter and take possession of the property. No transferee of Purchaser's interest will be entitled to notice unless the name and address has been furnished to Sellers in writing. The notice of forfeiture, addressed to Purchaser or to Purchaser's transferee entitled to notice, first class postage prepaid, registered or certified mail, return receipt requested, will take effect on mailing. The affidavit of Sellers, Purchaser or to the Purchaser's City Attorney, that this notice was mailed will be conclusive evidence of that fact. The affidavit may be filed in the Recorder's Office of Kendall County, Illinois. If filed, it will be conclusive evidence in favor of any bona fide purchaser of the property that all of Purchaser's rights under this Agreement have been properly extinguished. Forfeiture will terminate all rights of Purchaser in the Subject Property and all rights of persons claiming under Purchaser, including all right to possession of the Subject Property. Sellers may reenter and take possession of the Subject Property or may maintain suit for forcible entry and detainer or other suit for possession without notice or demand under Illinois law. All notices and demands are waived by Purchaser and all others claiming under Purchaser. If it appears Purchaser has given up possession of the Subject Property, either voluntarily or pursuant to a judgment in forcible detainer, any bona fide Purchaser of the Subject Property may conclusively presume that all right, title and interest of Purchaser has ceased. All improvements erected by Purchaser on the Subject Property will remain on the property as the Subject Property of Sellers without compensation for it on forfeiture. The remedy of forfeiture will not be exclusive and Sellers may pursue any other legal or equitable remedy. 5.4 Purchaser's Deliverables. At the Closing, Purchaser shall deliver or cause to be delivered to Sellers directly or, if either party elects, through an Escrow, the following, each of which shall be in a form reasonably satisfactory to Seller and (if applicable) the Title Insurer: (a) A certified copy of Purchaser's ordinance (if required) authorizing this Agreement. (b) Such other certificates and documents as may be required by the Title Insurer; 6 (c) Final Installment of Purchase Price as defined in Article 2.5 of this Agreement. 5. 5 Documents to Be Jointly Delivered By Sellers and Purchaser At Closing. At the closing, Sellers and Purchaser shall each execute and deliver, directly, or if either parry elects, through the Escrow, the following, each of which shall be in the form reasonably satisfactory to both parties and (if applicable) the Title insurer. (a) Applicable transfer tax declarations for the State of Illinois, Kendall county and necessary municipal transfer declarations; (b) A Closing Statement; (c) ALTA Statements as required by the Title Insurer; and (d) All other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement and to consummate the Closing under this Agreement. ARTICLE 6 DEFAULTS AND REMEDIES 61 Default. In addition to the remedies for Sellers set forth in Section 5.3, If the transaction contemplated hereby does not close by reason of a default by either party in any of the terms hereof, and any such default is not cured within thirty (30) days after written notice of said default is given by the other party, then the non-breaching party may: (a) terminate this Agreement and (b) pursue an action against the breaching party for all remedies available in law and/or equity, including specific performance of the Agreement. 6.2 Costs Of Enforcement. In the event any action or proceeding is brought by either party to enforce or interpret the terms of this Agreement, the prevailing party in such action or proceeding shall be entitled to have all costs, fees (including, without limitation, reasonable attorneys' fees) and expenses, paid or reimbursed by the non-prevailing party. ARTICLE 7 MISCELLANEOUS 7. 1 Entire Agreement; Construction. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. This Agreement may not be construed more strictly against one party hereto than against the other party merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties. It is understood and recognized that both parties have contributed substantially and materially to the preparation of this Agreement. 7 7. 2 Severability. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 7. 3 Governing Law, This Agreement has been executed and delivered, and is to be performed, in the State of Illinois, and this Agreement and all rights, obligations, liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. Venue, for purposed of this Agreement, shall be Kendall County, Illinois. 7. 4 Time Is Of The Essence. Time is of the essence of this Agreement. 7. 5 Waiver. No waiver by a party of any breach of this Agreement or any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or development. 7. 6 Condemnation. The parties agree that in the event any portion of the subject property is taken for eminent domain, all proceeds derived from the condemnation action shall belong to the Sellers. IN THE WITNESS HEREOF, the parties have executed this Agreement as of the date first written above. 8 SELLERS PURCHASER RONALD WILLIAM CLARK JR. THE UNITED CITY OF YORKVILLE A �(( ✓ i�� .. (, FC By: Signature Date: Name: Valerie Burd RICHARD HOPKINS CLARK y ko /r• 7 Titte: Ma or Signature Date: Date: 12007 SWON CLARK GASKILL Signature Date: //. :Z V -f% 9 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCI OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY, IS _HELD IN THE CITY COUNCIL CHAMBERS. T��TiN /i1 800 GAME FARM ROAD ON DRAFT TUESDAY, OCTOBER 23, 2007. Mayor Bard called the meeting to order at 9:50 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward R 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 Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. UORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bard asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Bard noted that it was requested that the audit results and the ordinance amending the liquor license be added to the consent agenda. Also, it was requested that a bill in the amount of$148.50 be removed from the bill list. She entertained a motion to approve the amendments to the agenda. So moved by Alderman Besco; seconded by Alderman Werderich. Motion approved by a viva voce vote. COMMITTEE 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, November 20, 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, November 20 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Anthony and Nicole Zangler Anthony and Nicole Zangler, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation and rezoning from Kendall County A-1 to United City of Yorkville R-1 One Family Residence District. The real property consists of approximately 5.7 acres, located at 96 Quinsey Lane, Kendall County, Illinois. Mayor Bard entertained a motion to go in to public hearing. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. The Minutes of the Regular Meetine of the City Council — October 23, 2007 — Page 2 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 Spears; seconded by Alderman Leslie. Motion approved by a viva voce vote. CITIZEN COMMENTS Jeff Olson with James M. Olson and Associates explained that be was a licensed surveyor and commented on the request for a variance at 212 Spring Street. He stated that there is no natural reason (such as a ravine, hill, etc) to prevent the structure from being moved. Andrew Babbitt, Executive Director of the Fox Valley YMCA addressed the Council. He explained that when YMCA received a donation of land in Yorkville for a facility they were solicited by former Park & Recreation Director Laura Brown seeking concepts and proposals for public partnerships with the United City of Yorkville. The core focus of the project was recreation, aquatic and active adult centers. In 2006, former Mayor Prochaska suggested a partnership committee be developed to fully explore this idea. The committee was comprised of representatives from the City Council, the Park and Recreation Department and representatives of the YMCA. After months of meetings, the committee agreed to a pool partnership to present to the city. He has already presented the proposal to the Park Board and he requested consideration by the City Council. Mayor Bard suggested that this presentation be placed on the next Economic Development Committee agenda. Rita Nemchausky, 405 E. Spring Street, commented that she agreed with Mrs. Edwards's comments made during the Committee of the Whole meeting about the legality of the shed placement at 212 Spring Street however she supported the variance for it. Michael Keck, 406 Liberty Street, noted that he has lived across from Mr. Franklin for seven year and during that time, Mr. Franklin has done nothing but improve his property. He stated that he felt there is a "letter of the law" and a "spirit of the law" and he asked the City Council to consider the spirit of the law and allow the variance. Dave Schmelzle, 207 State Street asked when grass would be planted at the homes effected by the street project. City Engineer Wywrot indicated that he would speak with the project director, Mark Landers from Smith Engineering and Park Director Scott Sleezer about the seeding. Mr. Schmelzle also had a concern about the storm sewer near his property that is covered by a manhole cover instead of an open grate. Mr. Wywrot explained that the manhole cover was temporary so that debris would not fall into the storm sewer during construction. He indicated that an open grate will be placed there in the future. Mr. Schmelzle asked the Council to consider time frames or benchmarks for future road programs. He stated there were none for this project and that it has been a long five months. Diane Pobol requested that the Council open the discussion regarding a second attorney to the public for their comments. CONSENT AGENDA 1. FY 06107 Audit Results — approve the Independent Auditors Report from Wolf and Company for the fiscal year ended Apri130, 2007, as presented(COW 2007-36) 2. Ordinance 2007-70 - Amending City Code Regarding Increasing the Number of Package Liquor Licenses — as presented (COW 2007-37) Mayor Burd entertained a motion to approve the Consent Agenda. So moved by Alderman Werderich; seconded by Alderman Golinski. Alderman Spears questioned if it should be noted that the consent agenda is amended because it was indicated that there may be changes to the audit. Attorney Roth suggested that the items be voted on separately rather than by consent agenda. Alderman Golinski withdrew his second; Alderman Werderich withdrew his motion. FY 06/07 Audit Results Mayor Bard entertained a motion to approve the FY 06/07 Audit Results and authorize the City Administrator to turn it in to Springfield, Illinois unless he receives concerns prior to the 30'^ of the month. So moved by Alderman Werderich; seconded by Alderman Golinski. The Minutes of the Regular Meeting of the City Council — October 23, 2007 — aaee 3 - Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Mums-aye Ordinance 2007-70 Amending City Code Regarding Increasing the Number of Package Liquor Licenses (COW 2007-37) Mayor Bard entertained a motion to approve an ordinance amending Section 3-3-4-6 of Chapter 3(Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code regarding increasing the number of package liquor licenses, as presented. So moved by Alderman Plocher; seconded by Alderman Spears. 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 PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the Committee of the Whole meeting of October 9, 2007; seconded by Alderman Plocher. Aldennan Spears requested that it be noted on page 4, second paragraph that Mayor Bard asked Mr. Falatos to meet with her privately the next day to discuss what could be worked out. A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meeting of October 9, 2007 as amended; seconded by Alderman Plocher. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board Report dated October 16, 2007 totaling the following amended amounts: checks in the amount of $1,188,896.73 (vendors); $252,391 .77 (payroll period ending 10/13/07); for a total of $1,441,288.50; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-1 Mums-aye, Plocber-aye, Spears-nay, Smoliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye REPORTS MAYOR'S REPORT Ordinance 2007-71 Vacating a Portion of Sleepy Hollow Road COW 2007-34 Mayor Burd entertained a motion to approve an ordinance vacating a portion of Sleepy Hollow Road, as presented, subject to final legal review. So moved by Aldennan Plocher; seconded by Alderman Werderich. Attorney Roth noted that the ordinance will include a provision to maintain access to the Welles property. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-nay Amending Governing Ordinance '.. Mayor Bard entertained a motion to approve an ordinance amending Ordinance 2007-53. So moved by Alderman Plocher; seconded by Alderman Golinski. Mayor Burd asked for clarification on this item. She thought the Council was to decide if this ordinance should be sent back to the City Council for a vote rather than voting on it. The Minutes of the Regular Meeting of the City Council — October 23. 2007 — uage 4 City Administrator McLaughlin stated that his understanding after reviewing the state statute, the mayor is to required to report out the veto at a public meeting. This is the only action required tonight. He stated that if the Council wants to take action, a motion would be needed to reconsider the ordinance at a future meeting. Attorney Roth added that the appropriate action would be to make a motion to reconsider and once it is seconded there could be further discussion. If the motion to reconsider is approve, the matter will be place on the next City Council agenda for a vote. Mayor Bard reported that she vetoed the original ordinance and now it is back before the Council to determine if they would like to reconsider. A motion was made by Alderman Manus to reconsider the Governing Ordinance #2007-69, an ordinance amending Ordinance 2007-53; seconded by Alderman Golinski. Alderman Leslie asked if there has ever been, in the history of Yorkville, a veto. Mayor Burd stated that this is the first one. He commented that he felt it was very unfortunate that this matter has been vetoed. He stated that he has dealt with the division of the City Council in the past. He noted that Mayor Bard was an alderman at the time and probably the impetus to a large degree. He stated that he did not like feeling "robbed" of his vote. He supported reconsideration of the amendment to the ordinance however he felt that the vote will be 3-5 again and this will create a dangerous precedent that will drive a wedge between the members of the Council. He pointed out that Mayor Bard never was chair of a committee and he felt this was a "big deal" for her. Mayor Burd interjected that it was not a big deal. Alderman Leslie went over the events that led to the amendment. He noted that he spends many hours a week with staff trying to get city business done and he felt that it was "Mickey Mouse bull crap"; who wants what and who doesn't get what. He stated that to come in and veto something takes the power away from the aldermen's vote. He reiterated that this set a dangerous precedent and he felt that Mayor Hurd was remiss in using her veto power. He felt it was a wrong move that will draw division and that the mayor "shot a silver bullet" on an issue that doesn't make a bit of difference. He commented that her veto personally offended him. He stated that the Council was here to make policy and if they can't talk to one another and come to a consensus on something as simple as to who gets a liaison appointment it is wrong. He suggested that the veto be overturned, the amendment be discussed and a resolution be reached that appeases who ever needs to be appeased to move forward. He stated he did not support the veto and he asked that one of the three remaining aldermen support the reconsideration so that this matter could be resolved. Mayor Bard asked if anyone wanted to talk for the veto; anyone who supported the veto. There were no comments. Alderman Besco stated that he agreed with Alderman Leslie that the veto was not setting a good precedent. He noted that there are too many serious issues at hand and that this was not an important issue for the mayor to use her veto powers. He noted that the Public Works Committee worked out their liaisons amicably while they were waiting for a policy to be set. He did have an issue with the School Board appointment because he felt there may be a conflict of interest. He stated that the Council needs to work things out because they are working for the people of Yorkville. He noted that the members of the Council sacrifice a great deal of their time to represent the citizens. He felt it was out of line for the mayor to use veto powers on something so trivial. He suggested it was time for the members of the Council to "grow up". Alderman Sutcliff stated that she felt it is ridiculous people can't get along but there are people on the Council `that want their way and will do anything to get it" and she felt that this was an extreme case of their trying to get their way. She felt the veto came from a "silly thing" and was the only way to stop things; the only way to make a stand for each alderman to have an equal say. She stated that each person on the Council was elected to represent their constituents and everyone is equal and not more important than the other. She didn't agree with using statutes to get your way or to get more power for personal reasons and she felt that things have gone too fair and should be stopped while it is minuscule and not important. Alderman Spears felt this issue was reflecting on her. She explained that Alderman Munns expressed a desire to represent the City at the School Board in an effort to monitor where the city's taxes were going however the mayor indicated that she wanted Alderman Sutcliff to bold the position. Alderman Spears discussed the appointment with Alderman Sutcliff and indicated Alderman Mums interest. Alderman Spears stated that Alderman Sutcliff told her that she felt Alderman Munns wanted the position because he does not want the city to expend funds to the school district. Also, recently there was a letter to the editor in the Kendall County Record from Alderman Sutcliff discussing the teacher's contract. Alderman Spears also noted that Alderman Sutcliff has been a substitute teacher for the Yorkville school district and she felt that this caused a conflict of interest. Because of these things, Alderman Spears was against Alderman Sutcliff as School Board liaison. Alderman Spears further noted that neither the mayor nor the The Minutes of the Regular Meeting of the City Council — October 23, 2007 — oau 5 other members of the Public Safety Committee have served as a chairman. She felt they were unaware of j the added responsibilities and time the chairman incurs. Alderman Spears explained she read the Governing Ordinance and interpreted that the chairman was responsible for the appointment of the liaisons. She reminded the Council that the ordinance was written by Mayor Burd because she "got the shaft" by the former mayor who never being appointed her as a chairman. Alderman Spears stated that this fact was upsetting to her and Burd at the time and that the Council approved the Governing Ordinance because they saw things were unfair. '.. Alderman Golinski stated that in the whole scheme of things this issue is trivial however he had a '.. problem with the mayor saying one thing and then doing something completely opposite. He quoted the mayor from a previous meeting "This is not written in stone. This is City Council committees; your committees. What you do with it, what you make of it, how you get along with each other that's in your ballpark now because that is how I wrote the Governing Ordinance. I took the mayor out of it good luck." Alderman Golinski stated that obviously that is not how the mayor really felt. He noted that the recommendation from the Administration Committee and the consensus of the City Council was to make a change which the mayor vetoed. He felt it was unprecedented and wrong. Alderman Munns read a statement (see attached) expressing his concern with the mayor's veto on the ordinance. He asked her to reconsider her veto and to save this privilege for an important issue that means something for running the city. Alderman Besco stated that he read the state statute on this and it was his understanding that the veto powers were limited to issue of public safety and the expenditure of city funds. He asked Attorney Roth if this was true. Attorney Roth explained that there are many statutes regarding vetoes and the one that is applicable indicates that any ordinance, resolution or appropriation motions are subject to veto. Alderman Werderich cautioned Aldermen Besco, Leslie, Munns, Spears and Golinski in assuming that every single vote in the future will be 5-3 based upon party division. He took this as a personal affront '.. because he looks at every single issue that comes before him and votes the way he thinks it should be voted on based on his electorate. He stated that if they think that he is going to vote because someone told him to vote one way or the other they are mistaken. '.. Alderman Leslie hoped that the next vote the Council looks at on this matter goes 6-2 or better. He hoped Alderman Werderich was smart enough to see that the long term impact the veto will have and would vote to reconsider. He noted that he has had conversations with Mayor Burd and knows the details that drove her to run for office and he supported and encouraged her to run for office. He also noted that he has been a "swing vote" on many issues. He stated that in the entirety of former Mayor Prochaska's term of eight years, he never exercised his right to veto. He noted that there were votes that Mayor Prochaska was dismayed with but he "took it on the chin". He stated that the impact of a veto is not something the Council can come back from. He stated that if the veto is not overturned, it is a terrible precedent. He stated that he felt the mayor struggles with the personal details of individuals and that is what happened with the appointments. He asked her to reconsider her veto. Alderman Spears commented that while she was at the Illinois Municipal League Conference she asked other people if their mayor or village president had ever vetoed any decision made by the council or trustees. She stated only one person said yes and it was the mayor of Plano. Mayor Roberts' veto concerned the acquiring of a liquor license by the spouse of one of Plano's aldermen. He explained that none of the council wanted to vote against the spouse so he vetoed the ordinance. He told her he was thanked later for doing so. Alderman Spears felt that unfortunately Mayor Burd would not be thanked for her veto. She noted that the Council has become split once again; she felt it was being encouraged and she did not see an end in sight. Alderman Munns threw out the definition of veto "the power of one branch of government, the mayor, to reject the legislation of another, the city council". He asked how many other things could the mayor veto; everything the Council brings up. The mayor stated that this was true. Mayor Bard commented that she saw a committee that had come to a decision by a majority vote that the '.... chairman did not agree with. The chairman refused to accept the decision, took it into her own hands to go back to the Council as a whole and have them vote as a group against her committee. The other aldermen who do not serve on this committee voted to make these committee members kowtow to the chairman. She felt that this was the thing that divided the Council. The decision to disregard what the three aldermen voted on and change an ordinance to give power to the chairman goes against democracy '.... and there is a precept to protecting the minority in our democracy. She felt that this is why veto power is given to mayors and she stated that she has no qualms about using it. She stated that she gave the three '.. aldermen the chance to have some power where it was taken away. She felt that if this issue is not '.. important, why change the ordinance. She stated that she did not feel it was a minor thing and she made The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 6 it known she disagreed with the change. She stated she had the authority to veto so she did not see it as being any more divisive than the first vote. She commented that she was never "that upset" about not being a chairman in the past because she is mayor. She did not feel the lack of being a chair was a big deal and she reiterated that it didn't bother her that much. Alderman Spears objected to the mayor's comments on not being a chair. She noted that Mayor Burd came to her after former Mayor Prochaska appointed Alderman Spears chairman of the Public Safety Committee and told her the only reason Alderman Spears was appointed was because she threatened a lawsuit against the former mayor because he was chauvinist. Mayor Burd ruled Alderman Spears out of order as her time to talk was up. Motion to reconsider approved by a roll call vote. Ayes-6 Nays-2 Golinski-aye, Besco-aye, Leslie-aye, Sutclif7 nay, '.. Munns-aye, Spears-aye, Plocher-aye, Werderich-nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. C ff CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADM OSTATOR'S REPORT No report. FINANCE DMECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the contractor was re-installing the pump on Well #7 when a portion of the pump and motor fell down the well. They are in the process of checking the bolts and pipes. He stated he would report back to the Council as soon as he got an update. Administrator McLaughlin noted that any work done now will be at the contractor's expense. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that beginning tonight there will be a series of meetings with the Forest Preserve District to discuss the Hoover agreement. He noted that the Forest Preserve District has closed on the final parcel of Hoover. It has been some time since the agreements were written so the District contacted him to meet to discuss the fine points of the agreements and address some issues that need to be resolved. The Boy Scouts tenure is ending and the property will be under the control of the Forest Preserve District and the United City of Yorkville. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 7 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007-72 Approving a Side and Rear Yard Setback Variance for 212 Spring Street (ZBA 2007-34) A motion was made by Alderman Leslie to approve an ordinance approving a side and rear yard setback '.. variance for 212 Spring Street; seconded by Alderman Plocher. Alderman Werderich apologized to Mr. Franklin because be was going to vote against the variance because there are rules to follow. He offered his assistance to Mr. Franklin if he moves the shed. Alderman Leslie explained that he has struggled with this issue. He noted that the structure was not permanent and he was not in favor of giving the homeowner the long-term opportunity of a permanent structure. He favored a condition to the ordinance which would specify the variance was for a non- permanent structure. Alderman Besco stated that he was not in favor of the variance and he too offered assistance to Mr. Franklin. He hoped the neighbors could get along better but commented that this was hard to ask since the City Council couldn't seem to behave themselves or get along. Alderman Munns commented that he was in favor of the variance since they have been granted in the past. Alderman Plocher stated he would decide based on the Ward III aldermen since they know what is best in their ward. He stated that he spoke with them earlier and he was going to vote with them. Alderman Golinski asked how the Ward III aldermen were voting. Motion approved by a roll call vote. Ayes-6 Nays-2 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-nay, Leslie-nay, Sutcliff-aye Mayor Burd noted that Alderman Werderich voted in favor of the variance. He stated that he voted wrong; he wanted to vote against the variance. Attorney Roth noted that until the mayor declares the outcome of the vote an individual member who cast a vote in error can request an opportunity for a re- vote. He noted that the mayor did not confirm the vote so she can call for a revote. Mayor Bard called for a revote. Administrator McLaughlin clarified that the motion on the floor was to approve the ordinance granting the variance. He stated that if someone is not supportive of the variance they should vote no. Alderman Munns asked if this "re-reading" of a motion was going to occur for every ordinance. He stated that while it was after 11 :00 p.m. this has never happened before. Administrator McLaughlin stated he was trying - . to avoid the vote being "goofed" up again. Attorney Roth re-stated the motion; it is to approve the variance. A vote in favor approves it and a vote of nay is against it. Re-call vote. Motion fails by a roll call vote. Ayes4 Nays-3 Present-1 Besco-nay, Leslie-nay, Sutcliff-aye, Munns-aye, Spears-present, Plocher-aye, Werderich-nay, Golinski-aye Attorney Roth noted that the variance was denied because a 2/3's vote was needed for approval as the Zoning Board of Appeals had a negative recommendation for the variance. Alderman Munns asked why Attorney Roth was just informing the Council of this requirement. He stated that since the vote was changed the first time maybe it should be reconsidered. Alderman Golinski questioned which ordinance the council was approving; the original ordinance or the one with conditions. Attorney Roth stated that the only matter before the Council is the ordinance without conditions. Alderman Golinski stated that there was an ordinance which had conditions regarding gutters, etc. that was in the Council's packet. Director Miller indicated that he drafted the ordinances; one with conditions and one without and both copies were in the City Council packets. Alderman Spears asked she could bring this up again for a vote since she voted present. Mayor Burd stated that the vote could not be changed because Attorney Roth announced the vote. Attorney Roth clarified that the mayor had to announce the vote. Mayor Brad stated that a motion could be made to The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 8 reconsider the variance at the next meeting and Attorney Roth clarified that it could be reconsidered at this meeting. A motion was made by Alderman Plocher to reconsider the ordinance; seconded by Alderman Munns. Motion to reconsider approved by a viva voce vote. Attorney Roth explained that once a matter is reconsidered, it is as if nothing happened at all. The Council is starting fresh. He reminded the Council that due to the negative recommendation by the ZBA, a 2/3s vote was needed for the variance to be approved. An abstention, present or pass is not a favorable vote. '.. Alderman Spears asked for clarification that the structure is not permanent. Alderman Leslie stated that '.... this is correct. He reiterated his suggestion to add a condition to the variance ordinance that a permanent structure would not be allowed. He stated that if this was added, he would support the variance. Attorney Roth stated that Alderman Leslie could make the motion as he sees fit. A motion was made by Alderman Leslie to approve an ordinance authorizing approving a side and rear yard setback variance for 212 Spring Street as presented, subject to final staff and legal review and as amended to add a non-permanent structure allowance only; seconded by Alderman Plocher. Attorney Roth clarified that the non-permanent structure is being treated as a legal, non-conforming use. This condition would not allow for improvements, enlargement of the structure, if it falls or burns down it can't be rebuilt, etc. Motion approved by a roll call vote. Ayes-6 Nays-2 Sutcliff--aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-aye, Bosco-nay, Leslie-aye Ordinance 2007-73 Approving and Authorizing the Execution of Development Agreement Thomas Alarm Systems (PC 2007-32) A motion was made by Alderman Leslie to approve an ordinance approving and authorizing the execution of a Development Agreement, as presented, subject to final staff and legal review; seconded by Alderman Morris. Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-I Spears-abstain, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Munns-aye Ordinance 2007-74 Approving the Rezoning of Certain Property From Route 47-2 to B-3 Zoning Classification - Thomas Alarm Systems (PC 2007-32) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from R-2 to B-3 zoning classification, as presented, subject to final staff and legal review; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-I Plocher-aye, Werderich-aye, Golinski-aye, Bosco-aye, Leslie-aye, Sutcliff--aye, Mums-aye, Spears-abstain Resolution 2007-54 Approving the Preliminary PUD Plat of Subdivision for the Fields of Westhaven Subdivision (PC 2007-25) A motion was made by Alderman Leslie to approve a resolution approving the preliminary PUD Plan and Plat of Subdivision for the Fields at Westhaven Subdivision, as presented, subject to final staff and legal review; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstain-1 Present-1 Werderich-aye, Golinski-aye, Besco-present, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-abstain, Plocher-aye The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 9 - Ordinance 2007-75 Approving the Rezoning of Certain Property from R-1 to Estate District Zoning Classification - Welles Property (PC 2007-33) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from R-1 to Estate District zoning classification (Welles Property), as presented, subject to final staff and legal review; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-1 Goliaski-aye, Bosco-abstain, Leslie-aye, Sutcliff--aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye Authorizing the Execution of an Amended and Restated Annexation Agreement (B & P Products) (PC 2007-22) A motion was made by Alderman Leslie to approve an ordinance authorizing the execution of an amended and restated Annexation Agreement for the development known as B&P Properties, as presented, subject to final staff and legal review; seconded by Alderman Plocher. Alderman Spears commented that she was against the agreement due to the density of the development. Alderman Besco stated that the information in the agreement that was sign was wrong; the property to the north is zoned county AG-1 . He stated that until this information is corrected he would vote against the amendment. He also was against the density. Alderman Werderich stated that there are rules regarding density and the density is higher than allowed. Alderman Leslie asked if there could be an opportunity for a redraft of the ordinance. Attorney Roth stated that the motion could be withdrawn and the matter tabled or it could be voted on reapproved with changes later. He suggested that if the Council was not ready to approve the ordinance the matter could be tabled. Administrator McLaughlin noted that if the Council wanted to reconsider the matter it would have stay over for one full meeting so that the public could be given notice. He suggested that the matter be tabled and the petitioner be contacted with the suggested changes. Alderman Leslie agreed. A motion was made by Alderman Leslie to table the ordinance authorizing the execution of an amended and restated Annexation Agreement for the development known as B&P Properties; seconded by Alderman Plocher. Motion to table approved by a viva voce vote. Approving the Rezoning of Certain Property from R-1 to PUD Classification (B & P Products) (PC 2007-22) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from M-1 to PUD zoning classification (B & P Products); seconded by Alderman Mums. Motion to table approved by a viva voce vote. Ordinance 2007- 76 Authorizing the Execution of an Annexation Agreement (Briguglio Property) (PC 2007-19) A motion was made by Alderman Leslie to approve an ordinance approving the execution of an Annexation Agreement (Briguglio Property), as presented, subject to final staff and legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Ordinance 2007- 77 Annexing Certain Territory to the United City of Yorkville (Briguglio Property) (PC 2007-19) A motion was made by Alderman Leslie to approve an ordinance annexing certain territory to the United City of Yorkville, Kendall County, Illinois, as presented, subject to final staff and legal review; seconded by Alderman Plocher. The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 10 Motion approved by a roll call vote. Ayes-8 Nays-0 Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye Resolution 2007-55 Approving 12 Month Extension for Recording Final Plat of Subdivision Hudson Lakes Unit 1 (EDC 2007-42) A motion was made by Alderman Leslie to approve a resolution approving twelve month extension for recording Final Plat of Subdivision for Hudson lakes Unit 1, as presented, subject to final staff and legal review; seconded by Alderman Plocher. Administrator McLaughlin clarified that this is a resolution not an ordinance. Attorney Roth stated it was a resolution. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff--aye, Munns-aye Resolution 2007-66 Approving 12 Month Extension for Recording Final Plat of Subdivision Grande Reserve Units 10, 11, 16, 17 &24 (EDC 2007-43) A motion was made by Alderman Leslie to approve a resolution approving twelve month extension for recording Final Plat of Subdivision for Grande Reserve Unit 10, Grande Reserve Unit 11, Grande Reserve Unit 16, Grande Reserve Unit 17, Grande Reserve Unit 24, as presented, subject to final staff and legal review; seconded by Alderman Plocher. 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 COMMI'T'TEE REPORT No report. ADDITIONAL BUSINESS YEDC Photographs Alderman Golinski read a statement regarding an incident at the recent Yorkville Economic Development Corporation dinner (see attached) concerning pictures taken of him and Don Hammon by the mayor's husband. Mayor Bard explained that she was joking because she thought the whole situation was silly and her husband did not take photos of Alderman Golinski. She stated that he gave every photo he took to Lynn Dubajic with the Yorkville Economic Development Corporation and not one is of Alderman Golinski. She stated that he is imaging the whole thing. She stated that from what Alderman Leslie said to her she understood that Alderman Golinski was at a candidate's forum when the pictures were taken of him, not at the Yorkville Economic Development Corporation dinner. She asked Alderman Golinski to apologia to her husband because he doesn't want to take photos of Alderman Golinski; he is not interested in him. It was a joke. Alderman Leslie commented that he discussed Aldermen Golinski's photo incident with the mayor and told her it was at the YEDC dinner however in the conversation he discussed another individual who had a concern with being photographed at a candidate's forum. He stated that Alderman Golinski explained the incident so he encouraged and supported him in bringing the matter before the Council. Alderman Leslie reminded Mayor Burd of the details of their conversation and stated what affected him was her response of"That's right. The next time he tries to publicly humiliate me, their going straight to the Tribune". Aldernan Leslie was surprised that she said that and he noted that she did not "crack a smile" when she made the comments. Alderman Leslie told Alderman Golinski of the conversation and encouraged him to talk to the mayor about the incident in order to clear the air. Alderman Golinski advised him that he wanted to speak of the incident publicly. Alderman Leslie stated that his preference was that Alderman Golinski did not do it this way however he understood why after photos appeared on the internet during the last election showing Council members with Hitler and wearing swastikas. He stated he understood Alderman Golinski trepidation and supported him. He did not feel that Alderman Golinski owed anyone an apology however if an apology is due it was owed to Alderman Golinski and the City Council. The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 11 - Mayor Burd reiterated that the incident was "in your mind". There are no photos of Alderman Golinski with Mr. Hammon and she encouraged them to check with Mrs. Dubajic to verify this. She also noted that photos were given to Katy Farren of the Record Newspaper. Mrs. Farren was present so she asked if she saw any of Alderman Golinski and Mr. Hammon. Mrs Farren replied that she wasn't sure because Mr. Burd gave her over 200 photos. Alderman Golinski noted that Alderman Werderich was next to him when this happened. He asked him if Alderman Werderich was under the impression that Mr. Burd was snapping photos of them with Mr. Hammon. Alderman Werderich stated that this was his impression that Mr. Bard was taking photos of them. Mayor Burd stated that she had never seen the pictures but would review them but she did not know he had any pictures of Aldermen Golinski and Werderich with Mr. Hammon. She stated that she was "kidding around". She felt the situation was "preposterous" because she wouldn't do something like '.. this. She noted that she did not do anything like this during the last election. She stated that during the election she had a campaign committee but there were people upset about the landfill. She noted that she did not control 1700 people who voted for her. She stated the website with the negative photos was not her website; she had an official website which did not have pictures of Alderman Golinski on it. When a highly emotion issue is going on in the community, things happen. The people running for office cannot be blamed for these things. Alderman Leslie reiterated his modification with Mayor Bard's threat. He stated that it was inappropriate and scared him especially when she didn't even smile when she said it. Mayor Burd stated that she laughed. Alderman Leslie noted that Alderman Werderich was of a like mind because he also felt the photographs were being taken by Mr. Hurd. He commented that using a photo to publicly exploit someone is a real and concerning issue. Alderman Plocher noted that the aldermen are public figures and people will take pictures; that's the name of the business. Mayor Burd suggested that next time Alderman Golinski wait until she does something to carry on about it. Nothing has been done to Alderman Golinski; no pictures have been printed in the paper. It is against the law to accuse someone of thinking of doing something. Alderman Leslie reiterated that Mayor Burd made a threat about the use of the photos and he reminded her of the swastika photos. Mayor Burd stated that Alderman Leslie did not tell her in their conversation that it was her husband who took the photos. Alderman Leslie stated that he absolutely told her it was her husband and she should not retract her statement. He stated she could "pan it off as ajoke" however it was not ajoke to Alderman Golinski. Her remarks were inappropriate. Alderman Munns asked Alderman Golinski if the situation made him feel threatened. Alderman Golinski stated that he did not feel threatened but he did not want to see the photos used inappropriately during the next election. He stated he had concerns with the tactics used during the last campaign and he was trying to be proactive. Alderman Besco asked if the city was funding the Yorkville Economic Development Corporation and was told they were. He questioned if there was a conflict of interest with Paul Burd doing photography for the YEDC. He explained that he offered his company's services to the city for free but was told that this was a conflict because he would be taking the opportunity of another company away from them. Mayor Burd stated that she would think about this. Ethic Policy Alderman Spears asked if someone would check to see if someone has been appointed the city's ethic's officer. Administrator McLaughlin explained that the ethic ordinance indicates that the ethic officer is the state's attorney. Food at Meetings Alderman Mums stated that a few aldermen have discussed having food being brought in to meetings since they are running so late. Some of them do not have the opportunity to have dinner before coming to a meeting. Fox Hill Ward Meeting '... Alderman Munns asked City Engineer Wywrot if he would have information on the Sycamore traffic light available for the Ward III meeting. Mr. Wywrot stated he would get information together for the meeting. EXECUTIVE SESSION Attorney Roth indicated that a motion to recess into executive session would be in order. To be discussed are: 1. The purchase or lease of real property for the use of the public body. The Minutes of the Regular Meeting of the City Council — October 23, 2007 — page 12 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 bearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 3. 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 Spears; seconded by Alderman Plocber. Motion approved by a roll call vote. Ayes-4 Nays-2 Present-2 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-nay, Golinski-nay, Leslie-aye, Munns-present, Plocher-present '.... The City Council adjourned into executive session at 11:58 p.m. '.. The City Council returned to regular session at 12:25 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Sutcliff. Motion approved by a viva voce vote. Meeting adjourned at 12:26 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois YEDC Dinner Pictures Alderman Golinski I' d like to bring up an incident that happened at the YEDC dinner less than two weeks ago. I'm sure most of you recall the event because I sat with many of you at the same table. It was my first time attending this event and I thought it was a great opportunity to meet and socialize with the Yorkville business community. What concerned me about the event is what transpired near the end of the night. After the guest speaker ended and the night was winding down, I bumped into Alderman Werderich and asked him if he' d like to go to the bar for a drink. As Wally and I were sitting at the bar and enjoying some casual conversation, Don Hammon came over and introduced himself This was the first time in my life that I' d ever met the man or had any sort of conversation with him. At the time, I really didn't think much of it. Both Wally and I were polite and cordial and talked with him for several minutes. I showed him the same courtesy that I would show anybody that came up to me and introduced themselves. That' s just the way I am and the way that I was brought up. The reason I'm bringing this up to you tonight is because of what happened during those few minutes. As we were talking, I noticed the Mayor's husband with a camera pointed at us clicking off picture after picture as the Mayor was standing nearby. Under normal circumstances, I wouldn't waste this council' s time with something like this. But, sitting there watching the Mayor' s husband take all these pictures made me feel very uncomfortable. Considering some of the tactics used in the last campaign, I felt that these pictures, in some way, may be used to try and misrepresent, or discredit me because of my outspokenness. I want it to be public knowledge as to the context in which these pictures were taken. I also would like the rest of the city council and staff to know that when another Alderman brought up this picture taking incident, right here in City Hall last Tuesday, the Mayor chimed in and said," That' s right, and the next time he tries to publicly humiliate me, they're going right to the Tribune." I'm shocked by this comment. My job on this council is not to publicly humiliate the Mayor. My goal is to do what is best for our city. And if that means, at times, that I disagree with the Mayor, then so be it. I'm here to help make our City a great place to live and work. I only have two questions for you Mayor. Why would you say such a thing? And, should this entire council be on notice that this is the type of tactic that you intend to use to intimidate and undermine this body? October 23, 2007 Veto Issue Let me ask a hypothetical question which I will try to answer: Our working on issues begins with items being placed on a committee agenda. Then the committee spends valuable time discussing the particular issue. If the committee favorably by majority (and I will highlight the word majority) passes it , it goes to Committee of the Whole for further discussion. Then the issue goes to City Council for vote. If the majority of the council votes in favor the ordinance gets passed. So if we have the mayor vetoing above what is the point of having committees and spending countless hours debating issues. Just tell me how to vote and I will just phone it in. By doing the veto it usurps the majority will of the people who elected the representatives to do their work. Your memo states "not so that power can be conferred on individual alderman" so why would you think that all the power should be conveyed to the mayor?? If we allow this veto, what majority vote will be vetoed next? I have also heard countless times about democracy from the mayor-I agree that we should have a democracy. Democracy defined by Webster's says. . . . government by the people; especially : rule of the majority b: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections We also have heard arguments that one person should not hold power over the majority of a committee-Well then would it not make sense that 1 person should not control the will of the MAJORITY of the council who were elected in a democratic fashion?? My math shows that votes of 8-0 6-2 or 5-3 are votes of the majority. The majority who were elected to represent their wards. By vetoing my vote you are vetoing the residents of ward 3. So you found a loophole in the system-I ask that you reconsider this veto which goes directly against democracy. And again if we allow this veto on this non essential issue what important ordinances will be vetoed in the future???? 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 23 , 2007 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D - 831207 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 . GARY GOLINSKI , Alderman ; 4 MR . WALLY WERDERICH , Alderman ; 5 MR . ARDEN JOE PLOCHER , Alderman ; 6 MS . ROSE ANN SPEARS , Alderman ; 7 MR . MARTY MUNNS , Alderman ; 8 MS . ROBYN SUTCLIFF , Alderman ; 9 MR . JASON LESLIE , Alderman ; 10 MR . JOSEPH BESCO , Alderman ; 11 MR . BRENDAN McLAUGHLIN , City Administrator ; 12 MR . WILLIAM POWELL , City Treasurer ; 13 MS . JACQUELYN MILSCHEWSKI , City Clerk . 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 : We have a public 3 hearing , Anthony and Nicole Zangler , petitioners , 4 have filed an application with the United City of 5 Yorkville requesting annexation and rezoning from 6 Kendall County Al to United City of Yorkville Rl 7 One - Family Residence District . 8 The real property consists of 9 approximately 5 . 7 acres located at 96 Quinsey 10 Lane , Yorkville , Illinois . 11 Can I have a motion to go into 12 public hearing ? 13 ALDERMAN LESLIE : So moved . 14 ALDERMAN SPEARS : Second . 15 MAYOR BURD : All in favor ? 16 ( A Chorus of Ayes ) 17 MAYOR BURD : All opposed ? 18 ( No Response ) 19 WHEREUPON : 20 GREGG INGEMUNSON , 21 testified before the Yorkville City Council as 22 follows : 23 MR . INGEMUNSON : I ' m going to be 24 brief because you guys have heard almost Depo Court Reporting Service (630) 983-0030 4 1 everything on this already , so initially we came 2 to the City for mile and a half review to go to 3 county zoning and Staff had made the 4 recommendation , they would like us to annex , so 5 then we switched it and filed a petition for 6 annexation , so you ' ve heard a little bit back and 7 forth about the bike trails as well as storm 8 sewer easement and the widening of the easement , 9 the existing easement on the western edge of the 10 property . 11 My clients , the Zanglers , have 12 no problem with the western edge of the property , 13 the widening of the easement , that ' s perfectly 14 fine with them , but , of course , the bike trail is 15 something they really don ' t feel that they want 16 to have on their property . 17 There is a couple of issues . 18 Number one , they ' re buying the property as 19 almost a six - acre parcel with one house on it and 20 it would somewhat tend to have an invasion of 21 privacy with the bike path on the north end as 22 well as the western edge of the property . 23 And then the other issue would 24 be security reasons ; since it ' s a pretty heavily Depo Court Reporting Service (630) 983-0030 5 1 wooded area , there would be a little different 2 implications on a bike path if it was a well - lit 3 area , so those are some considerations that they 4 have . They really don ' t want to have a bike path 5 there . 6 And the other issue with the 7 storm sewer , they again don ' t have a problem with 8 that , but they would like to have the storm sewer 9 constructed while they ' re doing the construction , 10 so we had said maybe put a limit on the time of 11 the easement so the City could put the storm 12 sewer in within a two - year period , something so 13 they don ' t have to disrupt the land down the 14 road . 15 Since the storm sewer is 16 actually going to be in the back yard , the house 17 is going to be in the middle of the parcel , and 18 the storm sewer then would be towards the river , 19 so it would disrupt the land to come in say 10 , 20 15 years down the road and install the storm 21 sewer . 22 So those are really the 23 considerations . We would ask for a favorable 24 recommendation down the road from you guys , but , Depo Court Reporting Service (630) 983-0030 6 1 of course , we would not like to have a bike path 2 and the limitations of the storm sewer easement 3 to actually have a storm sewer constructed within 4 that two - year time period . 5 MAYOR BURD : Okay . Does anybody 6 have any comments , public response ? Yes , ma ' am . 7 MS . POLHILL : Do I have to go up 8 there ? g MAYOR BURD : You have to come up 10 here and identify yourself , please , for the 11 record . 12 WHEREUPON : 13 JULIE POLHILL , 14 testified before the Yorkville City Council as 15 follows: 16 MS . POLHILL : I am Julie Polhill and 17 I am in Ward 2 and I am right behind - - my house 18 is behind the proposed bike path . 19 MAYOR BURD : If you could give your 20 address , please . 21 MS . POLHILL : Yes . 208 Johnson 22 Street . I also have to speak for several of my 23 neighbors . One is at home in bed with poison ivy 24 so badly that he could not come , then the Depo Court Reporting Service (630) 983-0030 7 1 neighbor on the other side has a fever , and my 2 neighbor , Jim Hawkins , has a patient in labor , so 3 he is not able to come and be here as well . 4 But all of us , if I can speak 5 for them , do not want the bike path for several 6 reasons . Again , it is heavily wooded ; we are 7 concerned about security . We also really don ' t 8 want all of our kids exposed to strangers 9 coming - - I mean , it ' s right at the end of our 10 back yard , so it was distressing enough to have 11 to have all the trees cut down for the 45 - foot 12 easement . We really , really prefer not to have a 13 bike path behind us . Thank you . 14 MAYOR BURD : Thank you . Do we have 15 any other public comment ? 16 WHEREUPON : 17 KEVIN POLHILL , 18 testified before the Yorkville City Council as 19 follows : 20 MR . POLHILL : I am Kevin Polhill , 21 208 Johnson Street , and I ' m just very strongly 22 opposed to the bike path . We ' ve had woods behind 23 us the whole time that we ' ve been there , and I 24 guess I just don ' t think it would be fair to , you Depo Court Reporting Service (630) 983-0030 8 1 know , have this , you know , bike path just put 2 back there , potentially have hundreds of people 3 coming behind us and coming and going any time . 4 You know , we never foresaw that 5 the whole time that we ' ve been there , and I do 6 appreciate the aldermen and women who , you know , 7 can see our point on that , and I guess I hope the 8 rest of you could also maybe just put yourselves 9 in our shoes and think of it as if you were 10 living there , you know , would you want that 11 behind you . Thank you . 12 MAYOR BURD : Any other public 13 comment ? 14 WHEREUPON : 15 KEN GRIESMAN , 16 testified before the Yorkville City Council as 17 follows : 18 MR . GRIESMAN : My name is Ken 19 Griesman . My wife and I live at 96 Quinsey Lane . 20 My wife and I are the present owners of the land 21 to be rezoned . It is our hope you will accept 22 the recommendations of the Planning Commission ' s 23 October 10th meeting . 24 We support the Planning Depo Court Reporting Service (630) 983-0030 I 9 i 1 Commission ' s recommendations that the easement 2 for the bike path be eliminated . If the Zanglers 3 were subdivision developers , we could understand 4 requesting them to put a pathway in a proposed 5 subdivision , but the Zanglers are not developers . 6 They ' re asking for rezoning to build one house . 7 The buildable portion of this 8 land is not very large . The southerly section 9 along the river is floodplain . There are already 10 two easements on the property ; there is a 30 foot 11 by 765 foot easement on the west side and there 12 is a 16 foot easement at the north end . 13 There are not many pieces of 14 land like this left in Yorkville . It ' s quiet , 15 tree covered , secluded and peaceful . Perfect 16 place to put a large , beautiful home and to raise 17 a family . 18 We don ' t want a pathway from 19 Heartland Circle through this property to the 20 river . The homeowners next to the proposed 21 pathway don ' t want it either . Safe access to 22 this same riverside area is already available by 23 the sidewalks on Bruell Street . It seems 24 unnecessary to add expense to the taxpayers for Depo Court Reporting Service (630) 983-0030 10 1 something that already exists . 2 We are also in agreement with 3 the Commission ' s recommendation to install the 4 sanitary line during the construction phase of 5 the Zangler home instead of years later when 6 their landscaping will need to be disturbed . 7 In conclusion , we would like to 8 urge you to accept the recommendations of the 9 Planning Commission , especially the abandonment 10 of the pathway easement through this property . 11 Thank you . 12 MAYOR BURD : Thank you . Any other 13 public comment ? 14 ( No Response ) 15 MAYOR BURD : Do any Aldermen want to 16 comment ? Alderman Spears . 17 ALDERMAN SPEARS : First of all , I ' d 18 like to know if our Staff would make that 19 commitment , to have the sanitary sewer line being 20 placed within their two - year time frame . 21 MR , MILLER : That ' s something that 22 we ' ll have to negotiate as a provision of the 23 annexation agreement . We have not had a sit - down 24 with the petitioner since the Plan Commission Depo Court Reporting Service (630) 983-0030 11 1 public hearing , to talk about the terms of that . 2 Staff would - - we ' ll continue 3 the discussions and as we refine the agreement 4 and this comes back in final form , the hope would 5 be to a recommendation at that point . I am not 6 prepared to make a recommendation tonight as to 7 what that timing is or as to the agreement . 8 We understand the issue and we 9 understand the concern of the petitioner and 10 we ' ll do our best to come up with an agreement , a 11 solution and recommendation to you . 12 ALDERMAN SPEARS : Are there specific 13 issues that this could not be addressed at this 14 time ? I mean , is this typical that you need to 15 go back and negotiate ? 16 MR . MILLER : Yeah . A public hearing 17 is typically the starting of the process . What 18 happens following the public hearing is this 19 would return to a future EDC agenda for 20 discussion . 21 In the meantime , we take 22 discussion and comments from the public hearing 23 and work with the petitioner to craft an 24 agreement in final form for you to receive Depo Court Reporting Service (630) 983-0030 12 1 consideration and hopefully your consideration . 2 ALDERMAN SPEARS : And is this the 3 time that we give you our recommendation 4 regarding the bicycle path ? 5 MAYOR BURD : You can comment on that 6 now . I think you mentioned it earlier . 7 ALDERMAN SPEARS : Okay . I just want 8 to go on record to say that I am not in favor of 9 putting the bicycle path on the property , near 10 the property . 11 MAYOR BURD : Alderman Leslie . 12 ALDERMAN LESLIE : I worked on this 13 in EDC with Travis . I think these people have a 14 unique piece of property . I have no problem not 15 putting a path , easement for a path , respect 16 their privacy . 17 With regard to your question , 18 Rose , for the implementation of the sanitary 19 sewer , it ' s about a hundred grand to put pipe in 20 there . It ' s critical that we get access and I 21 think it ' s a great benefit for the petitioner to 22 grant an easement for the extension . 23 Unfortunately , to put a hundred 24 thousand dollars in the ground that in all Depo Court Reporting Service (630) 983-0030 13 1 likelihood we may not use for several years is an 2 expense the City ' s going to incur . 3 I don ' t know what the Zanglers 4 are looking at doing . I guess my hope would be 5 in terms of long - term development of the property 6 we could put a trigger switch in terms of time , 7 but if given that opportunity , I mean , obviously 8 if you put standing structures or , you know , I 9 don ' t know , something that couldn ' t be moved or 10 something would radically be disturbed , it would 11 be a great concern . 12 If you wouldn ' t , you know , we 13 would certainly be willing to have full repair to 14 your approval to any property at a later time . 15 MS . ZANGLER : Can I comment on that ? 16 ALDERMAN LESLIE : I have no problem 17 if she comments . 18 MAYOR BURD : Wait . Did you just say 19 that you are negotiating this ? What did you just 20 say ? I ' m sorry , would you repeat what you just 21 said ? 22 ALDERMAN LESLIE : What I said , we ' re 23 looking for the easements . We have the trail 24 easement , I have no problem - - Depo Court Reporting Service (630) 983-0030 14 1 MAYOR BURD : Right , removing . 2 ALDERMAN LESLIE : We need the 3 sanitary easement , which the parties are 4 agreeable to . They are looking at a time frame 5 of upwards of two years I believe . y I guess my recommendation and 7 hope would be if we put this pipe in at any given 8 point in time , we are looking ballpark at a 9 hundred thousand dollars , and the pipe is just 10 going to set there , so if we can have - - if the 11 Zanglers are going to put a permanent structure , 12 obviously they ' re not going to want us to come in 13 there and take a gazebo out , you know , a 5 , 000 14 square feet gazebo and remove it , if we had an 15 idea of that , what they were going to do . 16 The further we can extend it 17 off for the City , the better . We have no use for 18 that sanitary , and if they would be open to 19 meet , you know , whatever landscape they have or 20 if you have a landscape plan development at any 21 point in time in two years , if the City could 22 agree to reconstruct that at our cost , at least 23 then we ' d have the opportunity - - 24 MAYOR BURD : Okay . Depo Court Reporting Service (630) 983-0030 15 1 ALDERMAN LESLIE : - - either we put 2 the pipe in for a hundred grand or fully 3 reconstruct anything they may have at that point 4 in time . 5 MAYOR BURD : Okay . I missed the end 6 of what you were saying there . Okay . Alderman 7 Werderich . 8 ALDERMAN WERDERICH : I ' ve got one 9 question for the City Staff and then one question 10 for Attorney Ingemunson . 11 For the City Staff , just so I 12 can nutshell this - - and tell me if I ' m wrong - - 13 the benefit to annexing the land into the City is 14 this sewer line needs to be there ; is that right ? 15 MR . MILLER : That ' s one of the 16 benefits . 17 ALDERMAN WERDERICH : What are the 18 other ones ? 19 MR . MILLER : Another benefit when 20 property annexes to the City , we will be 21 providing public utilities , water and 22 particularly sanitary sewer . 23 If this property were to remain 24 unincorporated , they would be able to apply to Depo Court Reporting Service (630) 983-0030 16 1 the county for a septic facility , for example , 2 which typically isn ' t in the best interest 3 long - term for any property owner in the City , 4 especially with property - - 20 years down the 5 road if the system were to fail and pollution 6 were to occur that close to the Fox River . 7 There are long - term advantages 8 to trying to work with the property owner trying 9 to provide those services that are adjacent to 10 the property as we sit here today . 11 ALDERMAN WERDERICH : So the sewer 12 easement and then the fact that we would provide 13 sewer and water to them ? 14 MR . MILLER : Those are probably two 15 of the primary advantages to annexation . 16 ALDERMAN WERDERICH : And next 17 question is for Attorney Ingemunson . Just to 18 flip flop that over , what is the reasons why the 19 property owners wish to come into the City ? 20 MR . INGEMUNSON : Well , I could 21 actually add on to Travis ' s as well . I think a 22 couple advantages to the City is you ' re not going 23 to have pockets of county in the middle of the 24 city , so you make a contiguous city , so you start Depo Court Reporting Service (630) 983-0030 17 1 here and here and all the way through , so I think 2 that ' s the an advantage to the City as well . 3 And I think also if we went to 4 the county we could actually ask for more than 5 one building permit as well , we could try to 6 rezone it and get a couple lots out of it , so 7 another advantage is you get one house there , so 8 that ' s another advantage to the City . 9 As far as the advantages to the 10 Zanglers , I think one of the advantages is once 11 we come in the City , we have an agreement with 12 the City , and then that ' s what it is , so we know 13 nothing is going to change , there is not going to 14 be a bike path there because we ' ve got the 15 agreement , there ' s not going to be a bike path , 16 so that ' s going to be an advantage for that , so 17 we think that ' s beneficial as well . 18 And , again , the reason we 19 really came for annexation , though , was at the 20 request of the Staff because we came in for mile 21 and a half review . They requested annexation and 22 we said sure , we ' ll definitely listen . 23 Initially when we came - - 24 because we thought the cost for annexation to YSB Depo Court Reporting Service (630) 983-0030 18 1 was going to be too cost prohibitive , but I think 2 we may have gotten over that hurdle . 3 ALDERMAN WERDERICH : That ' s all I 4 have . 5 MAYOR BURD : Alderman Plocher . 6 ALDERMAN PLOCHER : I think what we 7 said earlier , we kind of asked them to do it , 8 they ' re willing to work with us , like I said , I 9 don ' t think the bike path - - if they don ' t want 10 it and the surrounding residents don ' t want it , 11 there is no reason to put it there . 12 I think we should kind of work 13 with them on the easement of getting in there in 14 a timely manner if that is possible . 15 MAYOR BURD : Alderman Munns . 16 ALDERMAN MUNNS : Yes . We have a 17 bike path down in Fox Hill and probably every 18 resident I talk with does not really like it , you 19 look out your window and you see strange people 20 that you know don ' t live there cruising around on 21 the bike path , and it has proven to be a safety 22 hazard , safety issue . 23 As a homeowner , I would not 24 want to see people I didn ' t know riding bikes at Depo Court Reporting Service (630) 983-0030 19 1 the back of my house at dusky parts of the day 2 and you ' re not sure what they ' re doing back 3 there , so I am not for jamming it in on people 4 who are not requesting it and not expressing 5 interest in wanting it . So that ' s my opinion . 6 MAYOR BURD : Alderman Sutcliff . 7 ALDERMAN SUTCLIFF : I just want to 8 thank the residents for coming here and staying 9 this late to talk to us . I ' ve heard from a lot 10 of residents from my ward from the City , and one 11 of the things they tell me is they want this to 12 be a walkable city . 13 We are behind the ball with 14 bikepaths and we ' re just trying to find - - we ' re 15 just trying to find ways and places to create a 16 regional bike path , a local bike path , so we can 17 stay off the roads and enjoy the beautiful woods 18 that we have and really catch up with our 19 neighbors because we are behind the ball . 20 Now , this property and this 21 area was just an idea , and I would never want to 22 force this on anyone , but just want you to know 23 that this was really - - this idea was for the 24 betterment of the City , and it ' s something I get Depo Court Reporting Service (630) 983-0030 20 1 asked about all the time , so I just wanted to let 2 you know that the City ' s not going after anyone , 3 it was just an idea , and it ' s a beautiful parcel 4 and it would be lovely to ride through there or 5 walk through there , and that ' s why you all live 6 there . 7 MR . MOGLE : If I could ask something 8 for clarification . I think another reason why we 9 saw that this might be a good possibility for a 10 bike lane was because there was going to be an 11 easement running across the property anyway , and 12 we thought that that would , you know , kind of 13 make it an easy way to get down to the 14 riverfront . 15 So there is no question it ' s a 16 little bit more unusual when it ' s just a six - acre 17 piece than if it were like a large subdivision , 18 that would be more normal , but it was a small 19 piece , there is no question that that was a 20 little need , but again , I think that due to that 21 the utility easement was going to run down to the 22 river , we saw it as an easy way to do it . 23 MAYOR BURD : Alderman Spears . 24 ALDERMAN SPEARS : I just have one Depo Court Reporting Service (630) 983-0030 21 1 question . If the sanitary sewer line at this 2 time cost a hundred thousand dollars , what do you 3 predict it could cost like say five years from 4 now ? I mean , does it - - The cost certainly would 5 be increasing . 6 ALDERMAN LESLIE : It would escalate , 7 yeah , there is no doubt . 8 ALDERMAN SPEARS : Okay . 9 MAYOR BURD : Okay . I have a 10 motion - - Oh , do you have another question ? 11 ALDERMAN LESLIE : The question is I 12 believe Ms . Zangler , when I had asked my question 13 earlier about long - term , did you want to speak in 14 terms of what your comment was ? 15 WHEREUPON : 16 NICOLE ZANGLER , 17 testified before the Yorkville City Council as 18 follows : 19 MS . ZANGLER : Nicole Zangler . It 20 was this very comment that we had discussed . 21 There is not a lot of buildable land , believe it 22 or not , on this pocket until you get closer to 23 Quinsey Lane , so in that area where your easement 24 is happens to be exactly in the area of our back Depo Court Reporting Service (630) 983-0030 22 1 yard , so that ' s where it came in . 2 The house , we were looking for 3 an area that is not within floodplain obviously , 4 and yet still had a little bit of an area to 5 build a walk - out to the basement , so obviously 6 long - term goals would be potentially to be a pool 7 or something of that nature , whatever it may be , 8 but that is right on our house , and I know the 9 City Council - - or , I ' m sorry , the committee had 10 mentioned that you would replant , but you know as 11 well as I - do , replanting years from now an oak 12 tree that I planted or another , it ' s not going to 13 be good . t 14 So we have absolutely no 15 problem with that easement connecting . Actually , 16 I think it ' s a great idea , there is a lot of 17 vacant land there and eventually that will be 18 developed in one way or another ; however , we 19 would ask that when it ' s all torn up , it would 20 make sense even though it ' s a hundred thousand 21 dollars to put in that easement or that line . 22 ALDERMAN LESLIE : Were you amenable 23 to the two - year time frame ? 24 MS . ZANGLER : I think that that was Depo Court Reporting Service (630) 983-0030 23 1 still in discussion . 2 MR . INGEMUNSON : I just talked to 3 Tony about that previously today . 4 MS . ZANGLER : Because , as you know , 5 in our case landscaping will help , but it will 6 happen God willing . 7 MAYOR BURD : Okay . Any other - - 8 ALDERMAN WERDERICH : I just have one 9 real quick , really simple quick question . Where 10 is the property located again ? I ' m sorry . 11 MR . INGEMUNSON : Just west of the 12 old swim club - - or just east of that . What ' s 13 the subdivision called ? Woodworth Estates . 14 Directly next to Woodworth Estates . 15 MAYOR BURD : Motion to leave 16 executive session - - close the public hearing . 17 Excuse me . To close the public hearing . Can I 18 have a motion to close the public hearing ? 19 ALDERMAN SPEARS : So moved . 20 ALDERMAN LESLIE : Second . 21 MAYOR BURD : All in favor . 22 ( A Chorus of Ayes ) 23 MAYOR BURD : Opposed ? 24 ( No Response ) Depo Court Reporting Service (630) 983-0030 24 1 ( Which were all the 2 proceedings had in 3 public hearing . ) 4 - - - 000 - - - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 25 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 26 1 In testimony wh rr - of , I have 2 eunto set my hand this a, day of 3 � r 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 23, 2007 27 ---oOo--- 24:4 agreement 10:2, 8:2 , 11 :4, 11 : 15, buying 4: 18 084-002883 26:7 10:23, 11 :3, 11 :71 19: 1 , 19:2, 21 :24 1 5: 19 11 : 10, 11 :24, 17: 11 , badly 6:24 10th 8:23 17: 15 ball 19: 13, 19: 19 < C > 15 5:20 ALDERMAN 2 : 3, 2:4, ballpark 14:8 C.S.R. 1 :8 16 9: 12 2: 5, 2 :6, 2:7, 2:81 2:9, basement 22:5 called 23: 13 2 6: 17 2: 10, 10: 16, 12: 11 , beautiful 9: 16, case 23: 5 20 16 :4 15:6, 18:3, 18: 5, 19: 17, 20:3 catch 19: 18 2007. 26: 3 18: 15, 18: 16 , 19:6, bed 6:23 cause 25:8 208 6:21 , 7:21 20:23, 20:24 behalf 2: 17 certainly 13: 13, 21 :4 30 9: 10 Aldermen 8:6, 10: 15 behind 6: 17, 6: 18, certificate 25: 18 45-foot 7: 11 Allegiance 3: 1 7: 13, 7:22, 8: 3, 8: 11 , Certified 25:5, 25:20 51000 14: 13, 14: 13 almost 3:24 , 4: 19 19: 13, 19: 19 certify 25:6, 25: 121 5.7 3:9 already 4: 1 , 9: 91 believe 14:5, 21 : 12, 25: 17 765 9: 11 9:22, 10: 1 21 :21 change 17: 13 7:00 1 :9, 1 :9 amenable 22:22 beneficial 17: 17 Chorus 3: 16, 23:22 800 1 : 9 ANN 2:6 benefit 12:21 , 15: 13, Christine 1 :8, 25:5, 96 3: 9, 8: 19 annex 4:4 15: 19 26:6 annexation 3 :5, 4:6, benefits 15: 16 Circle 9: 19 10:23 , 16: 15, 17: 19 , BESCO 2: 10 City 1 : 11 1 :21 1 : 101 < A > 17:21 , 17:24 best 11 : 10, 16:2 2: 11 , 2: 12, 2: 13, Al 3:6 annexed 25: 18 better 14: 17 2: 18, 3:4, 3:6, 3:21 , abandonment 10:9 annexes 15:20 betterment 19:24 4:2, 5: 11 , 6: 14, 7: 18, able 7:3, 15:24 annexing 15: 13 bicycle 12:4, 12:9 8: 16, 13:2, 14: 171 above-entitled 1 :7, Anthony 3:3 bike 4:7, 4: 14, 4:21 , 14:21 , 15:9, 15: 11 , 25:8 anybody 6: 5 5:2, 5:4, 6: 1 , 6: 18, 15: 13, 15:20, 16:3, absolutely 22: 14 anyway 20: 11 7:5, 7: 13, 7:22, 8: 1 , 16: 19, 16:22, 16:24, accept 8:21 , 10:8 appeared 2: 17 9:2, 17: 14, 17: 151 16:24, 17:2, 17: 81 access 9:21 , 12:20 application 3:4 18:9, 18: 17, 18:21 , 17: 11 , 17: 12, 19: 10, accuracy 25:21 applies 25: 18 19: 16, 19: 16, 20: 10 19: 12, 19:24, 20:2, acres 3:9 apply 15:24 bikepaths 19: 14 21 : 17, 22: 9 across 20: 11 appreciate 8:6 bikes 18:24 clarification 20:8 Actually 5: 16, 6:31 approval 13: 14 bit 4:6, 20: 16, 22:4 Clerk 2: 13 16:21 , 17:4, 22: 15 approximately 3:9 BRENDAN 2: 11 clients 4: 11 add 9:24, 16:21 ARDEN 2: 5 brief 3:24 close 16:6, 23: 161 address 6:20 area 5: 1 , 5: 3, 9 :22, Bruell 9:23 23: 17, 23: 18 addressed 11 : 13 19:21 , 21 :23, 21 :24, build 9:6, 22: 5 closer 21 :22 adjacent 16:9 22:3, 22:4 buildable 9:7, 21 :21 club 23: 12 Administrator 2: 11 around 18:20 building 17: 5 comes 11 :4 advantage 17:2, assume 25:20 BURD 2:2, 3:2 , 3: 15, coming 7:9, 8:31 8:31 17:7, 17:8 , 17: 16 Attorney 15: 10, 3: 17, 6: 5, 6:9, 6: 19, 19:8 advantages 16:7, 16: 17 7: 14, 8: 12, 10: 121 comment 7: 15, 8: 13, 16: 15, 16:22, 17:9, available 9:22 10: 15, 12: 5, 12: 11 , 10: 13, 10: 16, 12:5, 17: 10 Ayes 3: 16 , 23:22 13: 18, 14: 1 , 14:24, 13: 15, 21 : 14, 21 :20 aforesaid 25: 11 15:5, 18:5, 18: 151 comments 6:6, agenda 11 : 19 19:6, 20:23, 21 :9, 11 :220 13: 17 agree 14:22 < B > 23:7, 23: 15, 23:21 , Commission 8:22, agreeable 14:4 back 4:6, 5: 16, 7: 10, 23:23 9: 1 , 10:3, 10:9, 10:24 Depo Court Reporting Service (630) 983-0030 City Council, October 23, 2007 28 commitment 10: 19 development 13:5, escalate 21 :6 form 11 :4, 11 :24 committee 22:9 14:20 especially 10:9, 16 :4 forth 4:7 complete 25: 10 different 5: 1 Estates 23: 13 , 23: 14 Fox 16:6, 18: 17 concern 11 :9, 13: 11 direction 25:22 eventually 22 : 17 frame 10:20, 14:41 concerned 7:7 Directly 23: 14 everything 4: 1 22:23 conclusion 10:7 discussed 21 :20 exactly 21 :24 full 13: 13 connecting 22: 15 discussion 11 :20, example 16 : 1 fully 15:2 consideration 12: 1 , 11 :22, 23: 1 Excuse 23: 17 future 11 : 19 12: 1 discussions 11 :3 executive 23: 16 considerations 5: 3, disrupt 5 : 13 , 5: 19 existing 4: 9 5 :23 distressing 7: 10 exists 10: 1 < G > consists 3:8 District 3:7 expense 9:24, 13:2 Game 1 :9 constructed 5:9, 6: 3 disturbed 10:6, exposed 7:8 GARY 2:3 construction 5:9, 13: 10 expressing 19:4 gazebo 14: 13, 14: 14 10:4 doing 5:9, 13:41 19:2 extend 14: 16 getting 18: 13 contiguous 16:24 dollars 12:24, 14:9, extension 12:22 give 6: 19, 12:3 continue 11 :2 21 :2, 22:21 given 13 :7, 14:7 control 25:22 doubt 21 :7 goals 22:6 copies 25: 19, 25:22 down 5: 13, 5:20, < F > God 23:6 correct 25: 10 5:24, 7: 11 , 16:4, facility 16: 1 GOLINSKI 2:3 cost 14:22 , 17:241 18: 17, 20: 13, 20:21 fact 16: 12 gotten 18:2 18: 1 , 21 :2, 21 :3, 21 :4 due 20:20 fail 16:5 grand 12: 19, 15:2 Council 1 : 1 , 3:211 during 10:4 fair 7:24 grant 12:22 6: 14, 7: 18, 8: 16, dusky 19: 1 family 9: 17 great 12:21 , 13: 11 , 21 : 17, 22:9 far 17: 9 22: 16 counsel 25: 13, Farm 1 :9 GREGG 3:20 25: 13 < E > favor 3: 15, 12: 8 , Griesman 8: 15, COUNTY 3:6, 4:3, earlier 12:6, 18:7, 23:21 8: 18, 8: 19 16: 1 , 16:23, 17:41 21 : 13 favorable 5:23 ground 12:24 25:3 easement 4:8, 4:8, feel 4: 15 guess 7:24, 8:7, couple 4: 17, 16:22, 4 :9, 4: 13, 5: 11 , 6:2, feet 14: 14 13:4, 14:6 17:6 7: 12, 9: 1 , 9: 11 , 9: 12, fever 7: 1 guys 3:24, 5:24 course 4: 14, 6: 1 10: 10, 12 : 15, 12:22, filed 3:4, 4:5 covered 9: 15 13:24, 14 :3, 16: 12, final 11 :4, 11 :24 craft 11 :23 18: 13, 20: 11 , 20:21 , find 19: 14, 19: 15 < H > create 19: 15 21 :23, 22: 15, 22:21 fine 4: 14 half 4:2, 17:21 critical 12:20 easements 9: 10, First 10: 17 hand 25:20, 26:2 cruising 18:20 13:23 five 21 :3 happen 23:6 CSR 26:6, 26:7 east 23: 12 flip 16: 18 happens 11 : 18, cut 7: 11 easy 20: 13, 20:22 floodplain 9:9, 22:3 21 :24 EDC 11 : 19, 12: 13 flop 16: 18 Hawkins 7:2 edge 4:9, 4: 12, 4:22 following 11 : 18 hazard 18:22 < D > either 9:21 , 15: 1 follows 3:22, 6: 15, heard 3:24, 4:6, 19:9 D-831207 1 :24 eliminated 9:2 7: 19, 8: 17, 21 : 18 hearing 3:3, 3: 121 day 19: 1 , 26:2 end 4:21 , 7:9, 9: 12, foot 9: 10, 9: 11 , 9: 12 11 : 1 , 11 : 16, 11 : 18, definitely 17:22 15: 5 force 19:22 11 :22, 23: 16, 23: 17, developed 22: 18 enjoy 19: 17 foregoing 25: 9 23: 18, 25:8 developers 9:3, 9:5 enough 7: 10 foresaw 8:4 hearing. 24:3 Depo Court Reporting Service (630) 983-0030 City Council, October 23, 2007 1 29 Heartland 9: 19 ivy 6:23 listen 17:22 16: 14 heavily 4:24, 7:6 little 4:6, 5: 1 , 20: 16 , MILSCHEWSKI 2: 13 help 23: 5 20:20, 22:4 missed 15:5 hereby 25:6 < J > live 8: 19, 18:20, 20:5 MOGLE 20:7 hereto 25: 18 JACQUELYN 2: 13 living 8: 10 Motion 3: 11 , 21 : 10, hereunto 26:2 jamming 19:3 local 19: 16 23: 15, 23: 18 Hill 18: 17 JASON 2: 9 located 3:9 , 23: 10 moved 3: 13 , 13:9, home 6:23, 9: 16 , Jim 7:2 long-term 13:5, 23: 19 10:5 JOE 2:5 16: 3, 16:7 , 21 : 131 MS 2:2, 2:6, 2: 8, homeowner 18:23 Johnson 6:21 , 7:21 22:6 2: 13, 13: 15, 21 : 12, homeowners 9:20 JOSEPH 2: 10 look 18: 19 21 : 19, 22:24, 23:4 hope 8:7, 8:21 , 11 :4, Julie 6: 13, 6: 16 looking 13 :4, 13:23, MUNNS 2:7, 18: 15, 13:4, 14:7 14:4, 14: 8, 22:2 18: 16 hopefully 12: 1 lot 19:9, 21 :21 , hour 1 : 9 < K > 22: 16 house 4: 19, 5: 16, Ken 8: 15, 8: 18 lots 17:6 < N > 6: 17, 9:6 , 17:7, 19: 1 , Kendall 3:6 lovely 20:4 name 8: 18 22:2, 22: 8 Kevin 7: 17, 7:20 nature 22:7 hundred 12: 19, kids 7:8 near 12:9 12:23, 14:9, 15:2, kind 18:7, 18: 12, < M > need 10:6, 11 : 14, 21 :2, 22:20 20: 12 M. 1 :8, 25: 5, 26:6 14:2, 20:20 hundreds 8:2 ma'am 6:6 needs 15: 14 hurdle 18:2 manner 18: 14 negotiate 10:22, < L > MARTY 2:7 11 : 15 labor 7:2 matter 1 :7 negotiating 13: 19 < I > land 5: 13, 5: 19, MAYOR 2:2, 3:2, neighbor 7: 1 , 7:2 idea 14: 15, 19:21 , 8:20, 9: 8 , 9: 14, 3: 15, 3: 17, 6: 5, 6:9, neighbors 6:23, 19:23, 20:3, 22: 16 15: 13, 21 :21 , 22: 17 6: 19, 7: 14, 8: 12, 19: 19 identify 6: 10 landscape 14: 19, 10: 12, 10: 15, 12: 5, neither 25: 12 ILLINOIS 1 :2, 1 : 10, 14:20 12: 11 , 13: 18, 14: 11 next 9:20, 16: 16, 2: 18, 3: 10, 25: 1 landscaping 10:6, 14:24, 15:5, 18:5, 23: 14 implementation 23:5 18: 15, 19:6, 20:23, Nicole 3:3, 21` 161 12: 18 Lane 3 : 10, 8: 19, 21 :9, 23:7, 23: 151 21 : 19 implications 5:2 20: 10, 21 :23 23:21 , 23:23 No. 26:7 in. 22: 1 large 9:8, 9: 16, Mclaughlin 2: 11 nor 25: 13, 25: 14, increasing 21 :5 20: 17 mean 7:9, 11 : 14, 25: 15 incur 13:2 LASALLE 25:3 13:7, 21 :4 normal 20: 18 INGEMUNSON 3:20, late 19: 9 meantime 11 :21 north 4:21 , 9: 12 15: 10, 16: 17, 23: 11 later 10:5, 13: 14 meet 14: 19 notes 25: 11 Initially 4: 1 , 17:23 least 14:22 MEETING 1 : 1 , 1 :6, nothing 17: 13 install 5:20, 10:3 leave 23: 15 8:23 Number 4: 18 instead 10:5 left 9: 14 mentioned 12:6, nutshell 15: 12 interest 16:2, 19:5 Leslie 2:9, 12: 11 22: 10 interested 25: 16 likelihood 13: 1 MICHAEL 2: 16 invasion 4:20 limit 5: 10 middle 5: 17, 16:23 < O > issue 4:23 , 5:6, 11 :8, limitations 6:2 mile 4:2, 17:20 oak 22: 11 18:22 line 10:4, 10: 19, MILLER 10:21 , obviously 13:7, issues 4: 17, 11 : 13 15: 14, 21 : 1 , 22:21 11 : 16, 15: 15, 15: 19, 14: 12, 22:3, 22:5 Depo Court Reporting Service (630) 983-0030 City Council, October 23, 2007 30 occur 16:6 perfectly 4: 13 problem 4: 12 , 5:71 R1 3:6 October 8:23 period 5: 12, 6:4 12: 14, 13: 16, 13:24, radically 13: 10 Okay 6: 5, 12:7, permanent 14: 11 22: 15 raise 9: 16 14:24, 15: 5, 15:6, permit 17:5 Proceedings 1 :6, real 3:8, 23:9 21 : 8, 21 : 9, 23:7 petition 4: 5 24:2 , 25:7 , 25: 9 really 4: 15, 5:4, 5:22 , old 23: 12 petitioner 10: 24, process 11 : 17 7:7, 7: 12, 7: 121 once 17 : 10 11 :9, 11 :23, 12:21 prohibitive 18: 1 17: 19, 18: 18, 19: 18, One 4: 19 , 6:23, 9:6, petitioners 3: 3 property 3: 8, 4: 10, 19:23, 23: 9 15:8, 15:9, 15: 15, phase 10:4 4: 12, 4: 16, 4: 18, reason 17: 18 , 18: 11 , 17:5, 17:7, 17: 101 piece 12: 14, 20: 17 , 4:22, 9: 10, 9: 19, 20:8 19: 10, 20:24, 22: 18, 20: 19 10: 10, 12:9, 12: 10, reasons 4:24, 7:61 23:8 pieces 9: 13 12 : 14, 13:5, 13: 14, 16: 18 One-family 3:7 pipe 12: 19, 14:7, 15:20, 15:23, 16 :3, receive 11 :24 ones 15: 18 14: 9, 15:2 16:4, 16: 8, 16: 101 recommendation open 14: 18 place 9: 16, 25: 11 16: 19, 19:20, 20: 11 , 4:4, 5:24, 10:3, 11 :5, opinion 19:5 placed 10:20 23: 10 11 :6, 11 : 11 , 12: 31 opportunity 13:7, places 19: 15 proposed 6: 18, 9 :4, 14:6 14:23 Plan 10:24, 14:20 9:20 recommendations Opposed 3: 17, 7:22, Planning 8:22, 8:24, proven 18:21 8:22, 9: 1 , 10: 8 23:23 10: 9 provide 16:9, 16: 12 reconstruct 14:22 , original 25: 19 planted 22: 12 providing 15:21 15:3 outcome 25: 16 please 6: 10, 6:20 provision 10:22 record 6: 11 , 12:8 owner 16:3, 16: 8 Pledge 3: 1 public 3:2, 3: 12 , 6:6, refine 11 : 3 owners 8:20, 16: 19 Plocher 2 : 5, 18:5 7: 15, 8: 12, 10: 131 regard 12: 17 pocket 21 :22 11 : 1 , 11 : 16, 11 : 18, regarding 12:4. pockets 16:23 11 :22 , 15:21 , 23: 16, regional 19: 16 < P > point 8:7, 11 : 5, 14:8, 23: 17, 23: 18, 24:3 related 25: 13, 25:14 P.M. 1 :9 14:21 , 15:3 put 5: 10, 5: 11 , 8: 1 , remain 15:23 parcel 4: 19, 5: 171 poison 6:23 8: 8, 9:4, 9: 16, 12: 19 , remove 14: 14 20: 3 Polhill 6: 13 , 6: 16, 12:23, 13:6, 13: 81 removing 14: 1 particularly 15:22 7: 17, 7:20 14:7, 14: 11 , 15: 1 , repair 13: 13 parties 14: 3, 25: 14, pollution 16:5 18: 11 , 22:21 repeat 13:20 25: 15 pool 22:6 putting 12 :9, 12: 15 replant 22: 10 parts 19: 1 portion 9:7 replanting 22: 11 path 4:21 , 5:2, 5:4, possibility 20: 9 Report 1 :6, 25:9 6: 1 , 6: 18, 7:5, 7: 13, possible 18 : 14 < Q > reported 25:7 7:22, 8: 1 , 9:2, 12:4, potentially 8:2, 22:6 question 12: 17, Reporter 25:6 12: 9, 12: 15, 12: 15, POWELL 2 : 12 15:9, 15:9, 16: 171 reproduced 25:21 17: 14, 17: 15, 18:9, predict 21 :3 20: 15, 20: 197 21 : 1 , request 17:20 18: 17, 18:21 , 19: 16, prefer 7: 12 21 : 10, 21 : 11 , 21 : 12, requested 17:21 19: 16 prepared 11 :6 23:9 requesting 3:5, 9:49 pathway 9:4, 9: 181 present 8:20 quick 23:9, 23: 9 19:4 9:21 , 10: 10 pretty 4:24 quiet 9: 14 Residence 3:7 patient 7:2 previously 23:3 Quinsey 3:9, 8: 191 resident 18: 18 peaceful 9: 15 primary 16: 15 21 :23 residents 18: 10, people 8:2, 12: 13, privacy 4:21 , 12: 16 19:8, 19: 10 18: 19 , 18:24, 19:3 probably 16: 14, respect 12: 15 Perfect 9: 15 18: 17 < R > Response 3: 18, 6:6, Depo Court Reporting Service (630) 983-0030 City Council, October 23, 2007 31 10: 14, 23:24 16: 11 , 16: 13, 21 : 1 switch 13:6 11 : 8, 11 : 9 responsibility 25:21 shoes 8:9 switched 4:5 Unfortunately 12:23 rest 8:8 Shorthand 25:6, system 16:5 unincorporated return 11 : 19 25:7, 25: 10 15:24 review 4:2, 17:21 side 7: 1 , 9: 11 unique 12: 14 rezone 17:6 sidewalks 9:23 < T > United 1 :2, 2: 17, 3:4, rezoned 8:21 signed 25: 19 talked 23:2 3 :6 rezoning 3:5, 9:6 simple 23: 9 taxpayers 9:24 unnecessary 9:24 ride 20:4 sit 16: 10 tend 4:20 until 21 :22 riding 18:24 sit-down 10:23 terms 11 : 1 , 13:5, unusual 20: 16 River 5: 18, 9:9, 9:20, six-acre 4: 19, 20: 16 13:6, 21 : 14 upwards 14:5 16:6 , 20:22 small 20: 18 testified 3:21 , 6: 14, urge 10:8 riverfront 20: 14 solution 11 : 11 7: 18, 8: 16, 21 : 17 utilities 15:21 riverside 9:22 somewhat 4:20 testimony 26: 1 utility 20:21 Road 1 :9, 5: 14, 5:20, sorry 13:20 , 22:91 thereof 25: 16, 25: 19 5:242 16:5 23: 10 though 17: 19, 22:20 roads 19: 17 southerly 9: 8 thousand 12:24, < V > ROBYN 2:8 SPEARS 2:6, 10: 161 14:9, 21 :2, 22:20 vacant 22: 17 Rose 2:6, 12 : 18 20:23, 20:24 timely 18: 14 VALERIE 2 :2 ROTH 2: 16 specific 11 : 12 timing 11 :7 Vitosh 1 : 8, 25:5, run 20:21 square 14: 14 today 16: 10, 23:3 26:6 running 20: 11 ss 25:2 tonight 11 :6 Staff 4:3, 10: 18, Tony 23:3 11 :2, 15: 9, 15: 111 torn 22: 19 < W > < S > 17:20 towards 5: 18 Wait 13: 18 Safe 9:21 standing 13:8 trail 4: 14, 13:23 walk 20:5 _ safety 18:21 , 18:22 start 16:24 trails 4:7 walk-out 22:5 sanitary 10:4, 10: 19, starting 11 : 17 transcript 25: 101 walkable 19: 12 12: 18 , 14:3, 14: 18, STATE 25: 1 25: 19 WALLY 2:4 15:22, 21 : 1 stay 19: 17 Travis 12: 13, 16:21 wanted 20: 1 saw 20:9, 20:22 staying 19:8 Treasurer 2: 12 wanting 19:5 saying 15:6 storm 4:7, 5:7, 5:81 tree 9: 15, 22: 12 Ward 6: 17, 19: 10 secluded 9: 15 5: 11 , 5: 15, 5: 18, trees 7: 11 water 15:21 , 16: 13 Second 3: 14, 23:20 5:20, 6:2, 6:3 trigger 13:6 ways 19: 15 section 9:8 strange 18: 19 true 25:9 well-lit 5:2 security 4:24, 7:7 strangers 7:8 try 17:5 WERDERICH 2:4, seems 9:23 Street 6:22, 7:21 , trying 16:8, 16: 81 15:7, 18:3 sense 22:20 9:23 19: 14, 19: 15 west 9: 11 , 23: 11 septic 16: 1 strongly 7:21 two 9: 10, 14:5, western 4:9, 4: 12, services 16:9 structure 14: 11 14:21 , 16: 14 4:22 session 23: 16 structures 13: 8 two-year 5: 12, 6:4, whatever 14: 19, set 14: 10, 26:2 subdivision 9:3, 9:5, 10:20, 22:23 22:7 several 6:22, 7:5, 20: 17, 23: 13 typical 11 : 14 whereof 26: 1 13: 1 suit 25: 14, 25: 15 typically 11 : 17, 16:2 WHEREUPON 3: 19, sewer 4:8, 5:7, 5:8, support 8:24 6: 12, 7: 16 , 8: 14, 5: 12, 5: 15, 5: 18, surrounding 18: 10 21 : 15 5:21 , 6:2, 6:3110: 19, Sutliff 2: 8, 19:6 < U > whole 7:23, 8:5 12: 19, 15 : 14, 15:22, swim 23: 12 understand 9: 3, widening 4:8, 4: 13 Depo Court Reporting Service (630) 983-0030 City Council, October 23, 2007 32 wife 8: 19, 8:20 1 :8, 1 :811 : 8 will 8:21 , 10:6, 15:20, 22: 17, 23:51 23: 5 WILLIAM 2: 12 willing 13: 13, 18:8 , 23:6 window 18: 19 wish 16: 19 within 5: 12, 6:3, 10:20, 22:3 women 8 :6 wooded 5: 1 , 7:6 woods 7:22, 19: 17 Woodworth 23: 13, 23: 14 work 11 :23, 16:8, 18:8, 18: 12 worked 12: 12 < Y > yard 5: 16, 7: 10, 22: 1 years 5:20, 10:5, 13: 1 , 14:5, 14:211 16:4, 21 :3, 22: 11 Yorkville 1 :2, 1 : 101 2: 18, 3:5, 3:6, 3: 10, 3:21 , 6: 14, 7: 18, 8: 16, 9: 14, 21 : 17 yourself 6: 10 yourselves 8:8 YSB 17:24 < Z > ZANGLER 3:3, 10:5, 13: 15, 21 : 12, 21 : 16, 21 : 19, 21 : 19, 22:24, 23:4 Zanglers 4: 11 , 9:2, 9:5, 13:3, 14: 11 , 17: 10 zoning 4:3 < Dates > october 23, 2007 Depo Court Reporting Service (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL MR RAFT HELD IN THE CITY COUNCIL CHAMBERS 900 GAME FARM ROAD ON TUESDAY, NOVEMBER 27. 2007 Mayor Burd called the meeting to order at 9:40 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward Leslie Present Werderich Present Ward E Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Besco Present Spears Present Also present: Deputy Clerk Pickering, City Treasurer Powell, Attorney Gardner, City Administrator McLauglin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Police Lieutenant Hart, Director of Parks & Recreation Mogle, Community Development Director Miller, and Superintendant of Recreation Swithin. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bard 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 City Administrator McLaughlin said that there was a memo on each of the aldermens' desks in regards to the bill list. He said that the accounting department had to readjust a financial issue on the bill list. The memo restates what the total dollar amount of the bill list is. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, December 4, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, December 11, 2007 '.. City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, December 4, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, December 11, 2007 City of Yorkville Conference Room PRESENTATIONS Countryside Center Concept Plan Presentation The Countryside Center Concept Plan was presented by Rich Dube from Tri-Land Properties and Charles Sparks from Charles Sparks & Co. (see attached.) Mayor Bud asked if there were any questions. Alderman Sutcliff thanked them for their creativity with this project, She thinks this development can enrich the entire community. She feels that having the second story offices above the stores is a good use of space. She asked if they could consider reducing storm water with rain gardens. Mr. Dube said that they are looking at the entire project from an environmental standpoint including looking at it as a LEED building. '.. Alderman Spears inquired about the location of the proposed hotel and grocery store. She asked if it was going to be directly across from residential. Mr. Dube said that at the moment it is the rear piece that is backed up to residential. That particular building is approximately two stories and it could be three. He said that the likelihood at the moment of hotels being attracted to Yorkville is not as great as they would like to see. There is not enough office space to have a use. There is an alternate proposed use that could be used as additional retail space instead of a hotel. Alderman Spears asked if the grocery store comes in, The Minutes of the Regular Meeting of the City Council — November 27, 2007 — page 2 would that be located directly across the street from residences. Mr. Dube said not necessarily, it depends on which grocer would be coming in. The building footprints that are being talking about would range anywhere from 15,000 — 25, 000 feet He said that they are not necessarily going back in that direction. Alderman Spears stated that she personally would prefer that they do not go there. She said that even if the back end of a grocery store is facing a residential area, then there might be high fences. Mr. Dube said that Alderman Spears brought up a good point He said that they are thinking about the architecture in terms of 360 degrees. There is no back or front the way they are thinking about it. They recognize that they can't have unsightly items facing the residential area. They are using some new techniques that are out there for creating indirect views of things and also using landscaping. Mayor Bard also mentioned that the city's appearance code doesn't allow them to have those items facing a highway. Mr. Dube said that this project is not the same as a traditional shopping center. The whole aspect of refuse here is thought of totally differently. Alderman Spears asked if they could consider if they have a restaurant or any type of food establishment, possibly locating those businesses on the side of the development where Shell Gas Station is. She said that maybe they could keep office buildings or regular stores surrounding the residential area. Mr. Dube said that part of the aspect of these centers is to intermingle the various uses throughout it. Alderman Spears also asked if they were going to have security cameras and a security patrol in their underground puking. Mr. Dube said that the reason the underground parking is here is because they are concerned that parking is too tight The ordinances in Yorkville would allow them to build this without the underground parking. However, they are concerned that if they put office projects on top of the retail, there would not be enough parking available. This project is still in the planning phase. They will look at all aspects of it. Alderman Spears said that she would like to avoid placing a burden on our police department by having to employ more officers to patrol the area. She said that there are safety issues with underground puking. Mr. Dube mentioned that they have natural light designed into this which would help during the day. Alderman Werderich inquired about the flow of traffic onto Route 47. Mr. Dube responded that IDOT had approved an intersection design. Route 47 will be widened and a traffic signal will be added at the midpoint between Countryside Parkway and Route 34. The stoplight will be the main entrance into the project. Mayor Bard asked if Community Development Director Miller could explain about the median that IDOT has proposed for that section of Route 47. Miller explained that IDOT had proposed at the halfway point between Countryside Parkway and Route 34, a signalized light at the entrance into the Dunkin Donuts on the east side of Route 47. The entrance into the Countryside project would match up with the Dunkin Donuts entrance to have a four way signalized intersection. This signalized intersection has preliminary approval from IDOT. This would result in the creation of a barrier median and controlled turn lanes. Businesses on the east side of Route 47 wouldn't be able to cross the way they can now. We will have one controlled access point instead of several uncontrolled access points. Mayor Bard asked if IDOT had already been planning this median before this project even came along. City Engineer Wywrot responded that several years ago there was discussion with some of the property owners. The final agreed upon design conceptually was a mountable median up to a certain point north of Route 34. After that it would be full access to those driveways. With this new traffic signal however, there would be a full barrier median. Alderman Leslie inquired if they would be requesting alternate financing vehicles such as an SSA or a business district in addition to the TIF currently existing on the project. Mr. Dube said that they were not sure yet if they were going to seek additional designations. Alderman Besco said that one issue that he had was the foot traffic. He said that the sidewalk is not complete on the north side of Countryside Parkway from Route 47 to E. Kendall Drive. He was wondering if that sidewalk would be put in with the development or would that fall on the city. Mr. Dube said that they hadn't thought about that piece, if it's something that they need to include, they certainly will. Alderman Besco said that he would like to increase safe foot traffic into this development especially with the apartments that are located right there. Mr. Dube said that they had addressed the sidewalk issue on their piece, but not the area in question. He said that they will take a look at it City Administrator McLaughlin said that he thinks that staff would ask for that as an offsite improvement. The Minutes of the Regular Meeting of the City Council — November 27, 2007 — uage 3 PUBLIC HEARINGS McCue Builders, Inc. McCue Builders, Inc. petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to a Planned Unit Development Agreement. The real property consists of approximately 60 acres located south of Route 34 on Cannonball Trail, in the United City of Yorkville, Kendall County, 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 Lynette Neal, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Spears; seconded by Alderman Werderich. Motion approved unanimously by a viva voce vote. 2007 Tax Levy Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved unanimously by a viva voce vote. City Administrator McLaughlin said that this public hearing is required under state statute for the 2007 tax levy. The copy of the proposed levy was published in the newspaper pursuant to law. This is the public's opportunity to give comment on the hearing prior to the city council taking action at their next council meeting. The proposed levy is an increase of seven percent for purposes of setting the levy with the state treasurer's office and there will be an opportunity to abate the taxes in the spring when the final assessed valuations are certified. Mayor Burd asked if there were any questions from the public on the tax levy. Tony Graff, 1334 Walsh Drive, Greenbriar Subdivision, asked how much new revenue was being generated. City Administrator McLaughlin responded that it was roughly $620,000. Mr. Graff asked how much of that was generated for the library. McLaughlin said that it was a proposed $60,000 for the library. Mr. Graff said that he understands that the library is reducing their 0. 1500 rate to 0.1240. He asked if the library board was okay with that. McLaughlin stated that he had met with the library director and she was comfortable with this proposed rate. He said that the challenge that we are facing with this is that if we continue to keep a 0.1500 tax levy for the library and continue that out as the city continues to grow you are bumping up against the total tax cap that the state has in place. If you maintain that high rate on the library, you will have to start to cut rates in other areas of the city. He said that we have already gone through and lowered rates in a couple of other areas to try to maintain that. In the first draft they had looked at that and in a sense at a certain point in a number of years out you will wind up having a vast majority of your new tax dollars going into the library and you will wind up losing on the rest of your corporate funds. He said that he had gone back and taken a look from the year 1998 to the present and found that the total levy for the libray back in 1998 was $ 162,000. Last year it was nearly $600,000. In 2003, it was at $300,000. It has doubled over a period of four years from $300,000 to $600,000. City Administrator McLaughlin said that as much as he thinks that libraries are very valuable, and the community has backed this library with the building that they have there, it reaches a point where you're looking at these dollars and these dollars could be going towards the police department or other areas of the city. That is why he made the recommendation to the Administration Committee that they break from that tradition of 0.1500 and reduce it down to 0.1240 so that the difference could be applied somewhere else in the city to deliver services in those areas. He said that when he met with the library director, he asked her if it's a problem if we hold it to just $60,000 this year and her comment was that would be fine. They also discussed the number of books in the library. With the new library, some of the shelves are empty because the town hasn't grown yet. He mentioned to the library director that there was some other money in the library's fund balance as well and he asked the library director if there was a desire to go out and buy more books to fill the shelves. He was told that the library has a ten year plan because they don't want to fill the library with everything that was published in 2006. Then as 2007, 2008, and 2009 come along, people would still want the most current books. The library seems satisfied not only on the level of funding but also what books they were able to purchase and put on the shelves. Mr. Graff said that he appreciated the thought process, however, historically the city has supported the The Minutes of the Regular Meeting of the City Council — November 27. 2007 — page 4 library at 0.1500. He said that he asked both Assistant City Administrator Olson and also City Treasurer Powell that by lowering the rate, the library does need future dollars for operational needs. He understands that they have 36 employees now and most of them are part time. He asked if the rate could be increased. Mr. Graff asked the city council about the new dollars that are generated from the increased EAV. He said that looking at the tax levy that you are requesting, how much is actually going to be reduced on a per home basis on the average. McLaughlin responded that would be approximately $4.00 per house for the entire year based on the new assessed values. Mr. Graff said that one of the issues lie is seeing right now is property tax relief. He said that all of the residents have received additional costs for the garbage user fees. He asked council if they could sharpen their pencils and provide a little more property tax relief for the residents. He said the city will receive over $600,000 in new funds. He would '.. hope that they would look at lowering property taxes for everyone. City Treasurer Powell mentioned that the state has passed a new bill which provides some additional property tax relief. (see attached information on House Bill 664) There were no further comments or questions. Mayor Hurd entertained a motion to close the public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. CITIZEN COMMENTS Fred DuSell, said that he was concerned about the circular traffic patterns at the Countryside project and the possible implications of what might happen with accidents. Mr. Sparks replied that they had spoken with the traffic engineers on how that would work so that the distances and the radius of the circle and how the cars were going to use the circular device have been looked at. Each of the details hasn't been worked out yet, but in terms of how that is going to handle traffic, it's really known as a traffic calming device. The purpose of it being there is to slow the traffic down so that it's not going through the circular area as if it were a four way intersection. He said that they were also proposing something similar at die intersection of Countryside Parkway and Center Parkway. He doesn't know if the city is going to want to do that or not, it's up to them. They look at that as a means of calming the traffic. He said that it would be unique to Yorkville, however, it's not unique to the suburban market as these types of developments are being built. City Administrator McLaughlin offered his experience with these devices. He said that the first couple of times that people go through it, they do slow down a lot, and then as they get used to it, they take it at a more reasonable speed. He said that it slows down what would normally be through traffic running through at a higher speed. He said that in regards to the circular device at Countryside and Center, they would have to take some time as city staff to see if it's really prudent and the best solution for the community. They recognize that this is a difficult intersection and would like to see something resolved there, whether or not the traffic circle is the right solution will take time to study and analyze. Mr. DuSell also wanted to comment on the McCue Builders public hearing. He said that he had experience with McCue Builders. He thinks that they are quality builders. He feels that their concept is very good. A friend of his experienced smaller lot sizes with more customized homes and it's worked well for them. He said that they are finding out now that people buying in this current market do not like larger lots for the maintenance purposes. He thinks that McCue Builders has a very good concept for Yorkville. Anne Englehardt, resident of Yorkville for the past 29 years, said that she was here tonight as a member of the formerly known Adhoc Committee for the Environment. She said that as of last night they have an official name. They are now the Yorkville Green Committee. There are nine volunteer residents that have been working on the committee for the past two months. She read the following statement on behalf of the committee. The Yorkville Green Committee applauds the efforts of the developer to incorporate green design elements into the new Countryside Center. We respectfully ask that the developer design this project to reach the Gold LEED standard to be an outstanding example to all future developments and to showcase the benefits of sustainable development design. The Yorkville Green Committee believes that utilizing LEED standards will attract the caliber of businesses desired by the citizens of Yorkville and encourage both environmental sustainability and optimal profitability. Diane Pobol, resident, wanted to ask about the cadet pay increase. She asked if the city currently has a problem recruiting and keeping cadets. Police Chief Martin replied not at this point. She went on to ask then why are we paying them more money. Police Chief Martin said one reason is that every year, employees receive a pay increase and the cadet did not receive this increase when everyone else did. Another reason is that minimum wage has gone up. Ms. Pobol said that we are not having any trouble recruiting, we we not having any trouble retaining, and they are going to be doing the same amount of The Minutes of the Regular Meeting of the City Council — November 27, 2007 — page 5 work and we are going to be paying them fifty cents more an hour. Police Chief Martin said that the '.. problem is that if you want to attract a certain individual to a job like this, you want to pay them a decent wage so that we will be able to retain people. He said that if we don't maintain a certain wage, then we probably will have problems retaining people. Ms. Pobol said that citizens are paying a lot more for gas taxes and paying a lot more for everything and the housing values are going down and people are having trouble maintainingjobs and we arejust routinely passing out increases to people who work for the city. She thinks that if everyone is taking on additional work, then consider raises. But, so long as there is this kind of economic environment, just to automatically give raises, she doesn't feel that this is fair to taxpayers. Alderman Spears said that she would like to address this. She said that several months ago she believed the City of Yorkville paid Ms. Pobol's attorney fees for Ms. Pobol to annex into Yorkville. Mayor Brad stated that she felt that the Citizen Comments section should just be for citizen's to make comments. Julie Albert, with the Prairie Times, said that she is here to introduce the newest newspaper publication for the city, The Prairie Times. It is a weekly unpaid publication that will be delivered to every home in Yorkville, Bristol, Oswego, parts of Montgomery, and all of Boulder Hill. She wanted to welcome everyone to send them information. They would love to cover our events. Terri Brady, 506 W. Ridge Street, said that she is here to let council know that her last interaction with the city was very disappointing. She was unhappy with the city leaf pickup. The leaves didn't fall until late this year. Last Monday, she had called public works and was told that Monday was the last day for leaf pickup. She said that she was told that if you put the leaves in bags, then they would pick them up through the end of the next week. She made arrangements with her lawn service and had to pay almost '.. double to have them put the leaves in bags instead of raking them to the curb. Yesterday, she saw the leaf machine going through her neighborhood making another collection. She was very disappointed that the '.. person that she spoke to on the phone couldn't tell her that there was going to be another pickup. Public Works Director Dhuse responded that there was not another pickup. He said that they were delayed last week due to weather. He said that changes were made on a daily basis to accommodate leaves and weather. He said that he realized that the leaves had fallen late this year and they had pushed back the leaf pickup as much as they could, however they still had to make sure that they got the leaves picked up before it freezes. Ms. Brady asked if there was any possibility of the city using some kind of phone system to automatically call residents and notify them about events such as this. Mayor Burd responded that the city is currently working on developing a notification system through the city's website. '.... CONSENT AGENDA 1. Request to Purchase LiveScan — approve purchase from ID Networks in an amount not to exceed $16,985.00 (PS 2007-40) 2. New World Software Purchase — approve aspresented (PS 2007-41) 3. Request for Cadet Pay Increase — approve cadet pay increase as presented (PS 2007-42) Mayor Bard entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Werderich to approve the minutes the Committee of the Whole meeting '.. of October 23, 2007; seconded by Alderman Golinski. Motion approved by a viva voce vote. '.. BILLS FOR APPROVAL '.. A motion was made by Alderman Werderich to approve the paying of the bills listed on the Detailed '.. Board Report dated November 21, 2007 totaling the following amounts: checks in the amount of '.. $1,227,093.66 (vendors); $250,555.93 (payroll period ending 11/10/07); for a total of $1,477,649.59; '.. seconded by Alderman Golinski. '.. The Minutes of the Regular Meeting of the City Council — November 27, 2007 — page 6 Motion approved by a roll call vote. Ayes-6 Nays-1 Plocher-aye, Spears-nay, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye REPORTS MAYOR'S REPORT Approving a Boundary Agreement with Montgomery (COW 2007-35) Mayor Burd entertained a motion to table the Montgomery Boundary Agreement to the December 18, 2007 City Council meeting; so moved by Alderman Leslie; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye Holiday Under the Stars Update (CC 2007-17) Mayor Burd asked Alderman Sutcliff to give an update on the city's holiday event that will be taking place on Friday. The Mayor also wanted to encourage everyone to come out and visit Annabelle and Emily, the reindeer. Alderman Sutcliff said that she was a member of the committee that worked on putting this event together. She said that in previous years the Chamber of Commerce sponsored a Christmas Walk. This year the Chamber decided not to hold a Christmas Walk. In lieu of the Christmas Walk the city decided to start a new holiday tradition. This year's event will be held this coining Friday, November 30i6 from 6:00 p.m. until 9:00 p.m. It will be held in Town Square Park. Alderman Sutcliff said that we felt like we had to have a Christmas event. Focus groups showed that the community really wanted the city to have more community events. The community events create a venue for ownership in our city and give the community a chance to connect with each other and with the elected officials. The committee wanted to offer events for all different ages from the very small to the seniors. The high school Madrigals will be singing and we are partnering with the Chapel on the Green for the first time in a long time. The Yorkville Big Band will be playing at Parkview School. She said that there will also be a warming tent where people can go to and warm up. There will be carriage rides, an acrylic ice skating rink, and ice carving. Everything is free. The city has received a lot of support from local corporations. Alderman Sutcliff said that a lot of people stepped up and supported us in this event. In addition, Santa will be coming in on a Caterpillar tractor. Caterpillar picked up the expense for the luminaries. The luminaries will be sold with all of the profits going to support the Hop on the Bus program. The committee received total sponsorships in the amount of$6400.00 to help pay for the cost of this event. Also, she wanted to let everyone know that there will be no parking around Town Square Park. Parking will be at the Middle School and there will be a shuttle bus to take people from the Middle School over to Town Square Park. There will be handicapped puking available at Parkview School. Appointment to Library Board (CC 2007-18) Mayor Burd entertained a motion to appoint Elizabeth Ashley Meyers to the Library Board; so moved by Alderman Golinski; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Spears-aye, CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. The Minutes of the Regular Meeting of the City Council — November 27, 2007 — nage 7 - CITY ADMINISTATOWS REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Public Works Director Dhuse reported that Well No. 7 is in place and should be operational by mid to late '.. next week. CHIEF OF POLICE'S REPORT Chief of Police Martin reported that the 13's Citizen's Police Academy had started last night. Eighteen people had signed up and twelve people were in attendance. DIRECTOR OF PARKS & RECREATION'S REPORT Director of Parks and Recreation Mogle reported that they would be holding their Polar Express Trip '.. event on December 1. He said that last year the event filled up in one hour. This year they increased the capacity by fifty percent and it filled up in half an hour. The train will travel from Aurora to Downers Grove and the children will be able to visit Santa. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Alderman Spans reported on issues effecting Kendall County seniors. She said that on November 16, CNN submitted a proposal for Kendall County for the nutrition program, however the proposal is going to exclude Yorkville and the reason why Yorkville is being excluded is because federal guidelines do not allow Yorkville to be included since the Salvation Army continues to be operational with the deli over at the Beecher Building. Federal funds are permissable for the Meals on Wheels program. Oswego secured a permanent nutrition program site with ample parking, kitchen facilities and will be catered by Upper Crust Caterers. Currently there are over 100 individuals that are being served lunch at this site. They will be hiring a permanent site manager and one of the requirements is that they have to be an Oswego Village resident. She also wanted to mention the well being check program for seniors, which she feels is a terrific program. This program was organized by Kendall County Triad and it was funded by the Kendall County Townships at a cost of $9,000.00 to get the program up and running. There was only one township that did not participate in this program. The Oswego Health Fair also had over 350 individuals in attendance. The Elder Friendly Seminar is tentatively scheduled to be held April 16 at the Trinity United Methodist Church. The Salvation Army Thanksgiving dinner had over 100 individuals that registered for dinner. She also mentioned that the Veterans Assistant Commission explained that there are federal funds available for veterans and their widows. Any veteran 65 years and older can qualify. Any veteran with a disability that served over 90 days active duty in either World War II, the Korean War, or Vietnam war can qualify. If the requirements are met, than the veteran can apply for a monthly tax free income. The veteran may receive up to $1200.00 per month and the widow may receive up to $1800.00 per month. If you are interested and feel that you may qualify, you can contact the Kendall County Veterans Assistant Commission. Approval of the application can take as long as twelve to fifteen months. COMMITTEE REPORTS '.. PUBLIC WORKS COMMITTEE REPORT '.. No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT '.. No report. ADMINISTRATION COMMITTEE REPORT '.. No report. '.. The Minutes of the Regular Meeting of the City Council — November 27, 2007 — page 8 ADDITIONAL BUSINESS Sycamore and Route 34 Traffic Light Funding Alderman Plocher asked how negotiations were proceeding for the proposed traffic signal at the Sycamore and Route 34 intersection. Community Development Director Miller said that late last week the revised information was submitted. He hopes to have more information next week. Bank Location Restrictions Alderman Spears requested that the restrictions on bank locations item be put back on the EDC agenda. Alderman Leslie said that he thought they were in the advisory stages and were looking at secondary lots. Alderman Spears said that she would like to know when it will be on the EDC agenda for discussion so that she can attend. No Parking Ordinance Alderman Besco requested that the no parking ordinance stay on the public safety agenda so that the committee can continue working on this. He said that Alderman Spears and himself drove around their entire ward and identified some of the streets that were of serious concern. He said that be hoped that the rest of the Aldermen would get a chance to drive around and check on streets in their ward. Alderman Spears said that they were concerned with how narrow some of the subdivision streets were. They said that there was one area near a park where it seemed that the street was too narrow to park. She thinks that it was Prairie Meadows Subdivision. She said that there was vacant land behind the park. She wondered if perhaps a parking lot could be considered for that area. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the purpose of discussing: o 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-7 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Plocher-aye Mayor Burd stated that the city council would not be taking any action at the end of the executive session. The City Council adjourned into executive session at 10:30 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Golinski. Motion approved by a viva voce vote. Meeting adjourned at 11:20 P.M. Minutes submitted by: Lisa Pickering, Deputy City Clerk United City of Yorkville, Illinois UNITED CITY OF YORKVILLE , ILLINOIS =' MEETING OF THE CITY COUNCIL REPORT OF PROCEEDINGS taken at the s meeting of the City Council for the United City of Yorkville , taken on November 27 , 2007 , at the hour s of 8 : 00 p . m . , before Lynette J . Neal , C . S . R . , at Yorkville City Hall , Yorkville , Illinois . 4 h D- 833307 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 2 "t 1 PRESENT : 2 MAYOR VALERIE BURD , Chairman , 3 MR . JOSEPH BESCO , Alderman , 4 MS . ROSE ANN SPEARS , Alderman , 5 MR . JASON LESLIE , Alderman , 6 MR . GARY GOLINSKI , Alderman , 7 MR . JOSEPH PLOCHER , Alderman , v 8 MS . ROBYN SUTCLIFF , Alderman , k 9 MR . WALLY WERDERICH , Alderman , 10 and 4 11 MR . TOM GARDINER , City Attorney . r 12 - - - 13 14 15 16 17 a 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 3 1 MAYOR BURD : Okay . Next we have a public 2 hearing . I would like to entertain a motion to go 3 into public hearing . 4 MR . WERDERICH : So moved . 5 MAYOR BURD : Second ? 6 MR . GOLINSKI : Second . 7 MAYOR BURD : All in favor ? 8 ( Chorus of ayes . ) 9 MAYOR BURD : All opposed ? 10 ( No response . ) 11 MAYOR BURD : Okay . This is McCue 12 Builders , Incorporated has filed an application 4 13 with the United City of Yorkville , requesting an 14 amendment to the Planned Unit Development 15 Agreement . The real property consists of 2 16 approximately 60 acres located south of Route 34 17 on Cannonball Trail in the United City of ) 18 Yorkville . 19 Is anyone - - there you go . 20 MR . MICHAELS : Good evening . Shawn 21 Michaels with McCue Builders and Bill McCue . We 22 are requesting two amendments to our planned unit 23 development . One is the coverage ratio . We would 24 like to go from 30 percent to 40 percent . And DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 4 1 then the other is to change the front - yard setback 2 from 30 feet to 25 feet , and in return we would 3 change the rear - yard setback from 25 feet to 30 4 feet , so basically moving the house four to five 5 feet . 6 MAYOR BURD : Do we have any questions 7 from the audience ? Any questions from anybody 8 here tonight ? No ? Okay , Alderman Werderich . 9 MR . WERDERICH : And I apologize for 10 this . I ' m relatively new on the City Council and 11 I wasn ' t on the City Council when the original PUD 12 was approved . There was quite a lengthy - - 13 actually , there was a list of variances - - ( 14 relatively speaking , I don ' t know if it is lengthy 15 or not compared to what ' s going on . Can somebody 16 give me kind of a thought process behind the 17 reasoning of the variances that we have there and 18 how this - - the new request would fit in with the 19 variances that were previously approved , please ? 20 MR . MICHAELS : Could I answer that ? 21 MR . WERDERICH : Absolutely . : 22 MR . MICHAELS : Because there is a lot of 23 new faces here . The thought process was that we 24 want to have two different options for - - and two a DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 5 1 different price points . We wanted to have larger 2 lots , which are the estates lots , the R- 2 lots , 3 and then we wanted to have a smaller lot , which is 4 the R- 4 . We didn ' t want to get into townhomes . 5 There was some discussion , I believe , that there 6 was getting to be a lot of townhomes in the City 7 of Yorkville . 8 So as opposed to going to 9 townhomes , we wanted to have smaller lots where 10 people could have their individual home , 11 individual lot , without a lot of maintenance . So 12 that was the difference in why we went with the 13 two different project types . And then having the 14 smaller lots , it required some of the variances . 15 MR . WERDERICH : What was the vision on 16 the lots that you have R- 4 variance for ? I 17 guess - - I mean , there is a lot of leeway as to 18 what you can put in there with the R- 4 variance . 19 I guess when you approached the City Council 20 initially - - when you approached the City Council 21 initially , I mean , what was the plan as far as 22 putting in the - - what kind of structures were you 23 planning on putting into those smaller lots ? 24 MR . MICHAELS : We felt there would be a DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 6 t 1 large request for ranches and first - floor masters . 2 This was an age - targeted subdivision . We have 3 built a number of homes in the community and one 4 of the things we wanted to do was try to get 5 people that wanted to stay in Yorkville but 6 downsize a little bit and move into a ranch style 7 home . 8 MR . WERDERICH : And what was your price 9 point as far as the homes that you were going to 10 be building in the two different - - 4 11 MR . MICHAELS : Which year ? That ' s sort 12 of a loaded question with the residential market . 13 MR . WERDERICH : I really don ' t mean for 14 it to be a loaded question , but if you don ' t mind 15 answering it . : 16 MR . MICHAELS : Right now we are trying 17 to be in the mid 300s for the R- 4 ' s , but , again , 18 if you see some of the product that ' s up , we have 19 brick going on a lot of the elevations and trying n 20 to mix it up between ranches , first - floor 21 master ' s , and eventually some two - stories . Q 22 MR . WERDERICH : Okay . 23 MAYOR BURD : Did you have any other 24 questions ? DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 7 1 MR . WERDERICH : No . I was hoping there 2 would be somebody else . 3 MR . GOLINSKI : Shawn , I was at the Plan 4 Commission meeting when you guys were there last 5 week , and there seemed to be a lot of confusion 6 about different percentages and what lots the 7 variances are for . And did all that get worked 8 out with staff ? Did everything get straightened s 9 out ? It was a very confusing conversation to 10 follow at the Plan Commission . 11 MR . MICHAELS : The Plan Commission did 12 pass a resolution to pass on to the Board . The 13 way I understood it from that meeting was that 14 50 percent of the R- 4 lots would be entitled to 15 the 40 -percent lot coverage . ss 16 MR . MILLER : It is close . The motion t 17 was actually 50 percent of the ranches approved 18 for the R- 4 would be - - the recommendation by the 19 Plan Commission was to grant the variance for 50 20 percent of the ranches to be approved for the R- 4 . 21 It is really an unknown number until permits are 22 drawn and constructed . 23 MR . GOLINSKI : And that ' s something that 24 will be somewhat easy for the city to keep track DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 8 = 1 of 2 MR . MILLER : I wouldn ' t say that . It is 3 going to have to be one by one . As permits are 4 issued if a variance is granted , we will have the 5 unit come in - - a ranch unit come in that ' s less 6 than 30 percent lot coverage to keep the 7 50 percent on track . 8 MR . GOLINSKI : I mean , just so long as S 9 staff is comfortable that that ' s something we can 10 keep track of . r 11 MR . MICHAELS : We would be more than 12 happy to work with staff to simplify it , if that ' s 13 the direction of the Board . We could work with 14 staff . It was an administrative nightmare . 15 MR . MC CUE : My name is Bill McCue . It 16 was confusing because some of the people on the 17 Plan Commission were saying they would give us 18 75 percent and 50 percent and it was of what ? And 19 we were all confused . And I guess what we were 20 trying do is to make it easy , and we thought that 21 50 percent of the lots would be simple to keep 22 track of , where you try to keep track of 23 50 percent of the ranches , you know , what ' s a 24 ranch , what ' s a first - floor master . We are not DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 9 1 trying to make it difficult . We are trying to - - 2 with some of the plans we have we want to be able 3 to put covered porches on the back of these units 4 and right now we can ' t do that with most of our 5 plans . We need - - the ratio is like - - 6 MR , MICHAELS : We are at 32 percent . We 7 are just over the percentage coverage . 8 MR . MC CUE : And so by going up to 40 9 percent we will be able to do covered porches on 4 a 10 just about every ranch plan we are offering . 11 That ' s why we are trying to do that . 12 MAYOR BURD : Any other questions ? 13 MR , BESCO : One issue that I - - kind of 14 popped up in my mind as we are discussing this s 15 on- street parking throughout the whole city and by 16 moving the - - you know , increasing the footprint 17 of the building and actually moving it forward , } 18 are you going to be eliminating any loading in the 19 drives ? 20 MR . MICHAELS : We are not . I have a 21 suburban , if you will , and I ' m still able to park 22 on the house side of the sidewalk and not block it g 23 and have room to pull up towards the garage . So k 24 moving the house four or five feet - - DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 10 1 MR . MC CUE : I ' m guessing moving the 2 house within a couple of feet , 40 , 45 feet from 3 the curb to the garage - - I have got a pickup 4 truck with an extended cab that ' s 17 feet . You 5 can still park four vehicles in the driveway . 6 And , again , our intent is to would be age s 7 targeted , you know , build ranches . 8 MAYOR BURD : Alderman Leslie ? 9 MR . LESLIE : Your request for variance , a 10 30 to 40 percent , is on the R- 4 lots . These are : 11 the multifamily , right ? ) a 12 MR . MICHAELS : They are not multifamily . 13 They are single - family but smaller lots . 14 MR . LESLIE : Okay . 15 MR . MC CUE : The R- 4 , basically I think 16 they are about 70 feet wide about 120 feet deep . 17 MR . MICHAELS : I think they average 18 about 9 , 000 square feet . 19 MR . LESLIE : I guess my thought is we 20 have had concerns , we have certainly had issues in 21 the past , with determining lot size , anyway you 22 want to cut it . Going from 30 to 40 percent 23 coverage is a greater utilization to the property 24 you have . If we are giving you an opportunity to DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 11 1 utilize the land better in terms of economics , I 2 think there should be some reciprocity in terms of 3 green space . I don ' t know how it benefits the 4 City or the residents to put a greater - - you 5 know , greater mass or greater building on a 6 smaller lot , if we choose to . My gut says I 7 wouldn ' t be in favor of it . 8 I think at the very least we should 9 get some reciprocity in hand , green space or 10 otherwise . Basically what you are doing is going 11 from the PUD - - you can jump in any minute , 12 Travis . You have got a land mass here and a 13 building . Now you are increasing the size of the 14 building without increasing the size of the lot . 15 That ' s going to benefit you in terms of your u 16 product , I understand that , but - - you know , 17 that ' s why it is a variance , right , that ' s why you 18 are requesting it . That would be my only insight 19 and I don ' t know what your thoughts were , Travis ? 20 MR . MICHAELS : I hear your concern . The 21 one thing that I think McCue Builders has been 22 known for is building a good home , and what we 23 found is that to meet the 30 percent it could mean 24 taking a foot out of a living room or family room . DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 12 !: 1 And we are trying to avoid that , that ' s why we are 2 here , because then you start to restrict the size 3 of the rooms and maybe the rooms are there but 4 they are not as functional . It is amazing the 5 difference between a 12 - foot bedroom and an 6 11 - foot wide bedroom . 7 MR . LESLIE : I guess I look at this - - ( 8 and I don ' t have the architectural to figure out 9 $ 300 , 000 . I have Raintree behind - - t 10 MR . MICHAELS : 350 . 11 MR . LESLIE : Okay , 350 would be better . x 12 I have seen the size of those targeted homes . 13 They are not particularly what I would describe 14 as , quote , end quote , quality homes , per se , and 15 I ' m concerned , fitting a very large home - - is the 16 architectural detail outlined in this in terms of 17 the masonry ? 18 MR . MILLER : Not currently . q 19 MR . LESLIE : That would be a concern 20 too . There has got to be some tradeoff . 21 MR . MC CUE : Well , one thing we are 22 doing - - not trying to talk about quality , but the 23 price range they are at is much higher than any 24 track home or builders in the area . What we are DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 13 1 going after is basically we have one house sold . r E 2 I think we are 374 , 000 for that ranch . You know , 3 when you go into these track home subdivisions , 4 you can get a ranch for two - and- a - quarter . So 5 what are we giving ? Tax dollars . We are putting 6 more expensive homes on these smaller lots . Sugar 7 Grove , I ' m almost sure , Oswego , not positive , but 8 it ' s 40 percent for their single - family lots as a 9 far as coverage . Yorkville a couple of years ago 10 was 25 , and , you know , we had a lot of houses 11 being built out here that weren ' t meeting that . 12 And then it got changed to 30 and , like I say , I 13 think the surrounding towns are 40 percent . It is M 14 not something that ' s - - you know , no one else is 15 doing . 16 MR . MICHAELS : And we have built Prairie 17 Gardens , that ' s an age - restricted subdivision , and 18 during that experience we didn ' t realize that 19 there was an issue with lot coverage or else that 20 probably would have been one of the variances we 21 would have requested when we came in for the PUD . 22 And it wasn ' t until we started constructing homes 23 that we found out about that . 24 MR . LESLIE : Can we put a framework in DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 14 1 place for the architectural details for the homes ? 2 I ' m assuming you are talking current market 350 ? 3 350 today is very different today than 18 months 4 ago . If you are going to hold through that with 5 masonry details on smaller lots , if it is 6 marketable , I guess it would be open for 7 consideration . 8 MAYOR BURD : Alderman Spears ? 9 MS . SPEARS : I would like to encourage 10 you to go into Oswego and see the McCue homes that 11 are off of Mill Street . Is that where they are ? 12 I have been in two of those homes and they are s `5 13 gorgeous . They are well - constructed and they are x 14 beautiful . a 15 MR . LESLIE : I would love to take a 16 look . 17 MS . SPEARS : They are real quality . ) 18 MR . MC CUE : The other thing is we have 19 three houses that are up on R- 4 lots right now , 20 and if you just look at the roof lines of these 21 compared to , you know , what the larger builders 22 are doing , there is no comparison . And , like I 23 say , we are going after , you know , the 24 empty-nesters , the baby-boomers , that still want a DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 15 1 custom house , just a little bit smaller . But , 2 like I say , at 350 for a ranch at 1900 square feet t 3 is pretty expensive . You know - - the other thing 4 is with the R- 4 is it is in the covenants where 5 the lawn mantainence or - - 6 MR . MICHAELS : Homeowner ' s association . 7 MR . MC CUE : The homeowner ' s association 8 will cut the grass . Like I say , we are trying to 9 go a little bit more after the baby-boomers . 10 MR . MICHAELS : Again , we are not trying 11 to ask for every R- 4 lot to have this increased 12 lot coverage . It is the math but the footprint of ) 13 a ranch is so much larger than the footprint of a 14 two - story and that ' s where we are running into 15 problems . It came up because basically we had a 16 covered porch on the rear of the house and it was 17 extending over the back of the house seven feet . 18 And that additional seven feet by roughly 16 feet 19 put us 2 percent over . And that came up so we are 20 looking to move houses up five feet so we thought 21 we would incorporate them both in the same request 22 for variance . 23 Not to change the subject but we 24 are - - we have landscaped the back of the R- 4 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 16 1 lots , in particular a berm , between us and the 2 Kendall County jail , and that seemed to make the 3 rear yard smaller . So we would like to move the 4 house up five feet and in turn increase the 5 rear - yard setback . 6 MAYOR BURD : Okay . Any others ? 7 MS , SPEARS : I do have one more question 8 for you . If this is basically age targeted , how a 9 much additional would you charge an individual 10 that ' s having a custom home that probably - - like ' s 11 a no- step entrance in your homes , and also the 12 wider doorways , in accordance with the disability 13 ordinance ? Would it cost them more because you 14 don ' t have the architectural plans at this time ? F Y 15 MR . MC CUE : It is a little tricky on 16 some of the lots . It just depends on the type of 17 foundation , how far it is above the curb . Some of 18 the lots are flatter than others . On the flatter 19 lots it is easier to the get pitch you need . I : 20 think every 12 feet you need to - - 21 MR . MICHAELS : Every foot you need to 22 go - - 23 MR . MC CUE : Every foot is one inch . So 24 there is some lots by the engineering that might DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 17 1 be three feet above the curb , so you probably 2 couldn ' t have a true ramp without having it 3 zig- zagging off the front yard . But on the 4 majority of ours we could easily do that . It 5 wouldn ' t cost that much . We are putting wider 6 doors in on almost all our openings as standard , 7 2 - foot - 8 door , which a wheelchair will actually 8 fit through a door that ' s 2 foot 6 . We are trying 9 to accommodate that on the homes . u 10 MS . SPEARS : I ' m not necessarily talking 11 about a ramp , just a no - step flat entrance , not u S 12 necessarily a ramp . 13 MR . MICHAELS : You would have to do a 14 ramp . Usually your door is a good 16 , 18 , inches 15 above the curb . You would have to go - - for every 16 inch that you go up , you have to go out a foot , so 17 if you go up 16 inches , you have to go out 16 feet 18 to be able to have no step . 19 MR . MC CUE : It would be some kind of 20 ramp . 21 MR . MICHAELS : That ramp would be quite 22 long . We did one over at Prairie Gardens in the 23 garage and since the door height was 16 inches , we 24 had to go out 16 feet , which took up the whole DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 18 1 garage . 2 MR . MC CUE : The garage was 19 feet deep 3 and that ramp came up the length of the garage to 4 meet code so someone could use a wheelchair to get 5 into that garage . 6 MS . SPEARS : Thank you . 7 MAYOR BURD : Any other questions ? 8 Alderman Sutcliff ? 9 MS . SUTCLIFF : Are there two issues s' 10 here ? Is there the issue of building lot coverage 11 and then the setback ? Do we have two issues here ? 12 And from what I can see on staff ' s 13 recommendations , which I would take in this case , t 14 you are allowed to get a variance on 50 percent of c 15 the homes in your neighborhood , right , above the 16 30 percent ? 17 MR . MICHAELS : On the R- 4 lots , yeah . 18 MS . SUTCLIFF : And I think the 19 recommendation was to not allow the - - 20 MR . MILLER : The recommendation was to 21 approve the setback as long as the setback in the 22 rear was increased by five feet . 23 MS . SUTCLIFF : Okay . I think we should 24 keep encouraging the builders to stay here in DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 19 1 Yorkville . I think they are an asset to our 2 community , and I think this is also a good market 3 to try to reach the empty- nesters . I think this 4 would be a great opportunity for them to stay in 5 Yorkville or come to Yorkville and no extra 6 students in the schools . 7 MAYOR BURD : Okay . Any other questions ? x 8 Thank you . 9 MR . MC CUE : Thank you . 10 MAYOR BURD : Can I have a motion to 11 close the public hearing , please ? F S 12 MS . SPEARS : So moved . 13 MAYOR BURD : Second ? E 14 MR . WERDERICH : Second . 15 MS . BURD : Roll call . All in favor ? 16 Hello , we are voting . All in favor of closing the 17 public hearing ? 18 ( Chorus of ayes . ) 19 MAYOR BURD : Any opposed? 20 ( No response . ) 21 ( Whereupon a portion of the 22 Council meeting was had but not 23 herein transcribed . ) 24 - - - DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 20 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J . Neal , a Certified 4 Shorthand Reporter , do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the Yorkville City Council and that the a 7 foregoing Report of Proceedings , Pages 3 through z 8 19 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the f 10 time and place aforesaid . c 11 I further certify that I am neither n 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced x 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 21 1 In testimony whereof , I have 2 hereunto set my hand this 10th day of December , 3 A . D . , 2007 . x 4 5 6 Lynette J . Neal } a 7 CSR No . 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 1 A assuming 14:2 certificate 20: 17 couple 10:2 13 :9 downsize 6:6 able 9:2,9,21 17: 18 Attorney 2: 11 certified 20:3 , 19 covenants 15 :4 drawn 7:22 Absolutely 4:21 audience 4:7 certify 20:4, 11 , 16 coverage 3 :23 7: 15 drives 9: 19 accommodate 17:9 average 10: 17 Chairman 2:2 8:6 9:7 10:23 driveway 10:5 accuracy 20:20 avoid 12: 1 change 4: 1 ,3 15 :23 13 :9,19 15 : 12 DU 20:2 acres 3 : 16 ayes 3 :8 19: 18 changed 13 : 12 18: 10 D-8333071 :24 additional 15 : 18 A.D 21 :3 charge 16:9 covered 9:3,9 15 : 16 16:9 choose 11 :6 CSR21 :7 E administrative B Chorus 3 :8 19: 18 CUE 8 : 15 9:8 10: 1 easier 16: 19 8: 14 baby-boomers city 1 : 1 ,5, 10, 10, 13 10: 15 12:21 14: 18 easily 17:4 aforesaid 20: 10 14:24 15 :9 2: 113 : 13, 17 4: 10 15 :7 16: 15,23 easy 7:24 8:20 age esai 20: back 9:3 15 : 17,24 4: 115:6,19,20 17: 19 18 :2 19:9 economics 11 : 1 age-restricted basically 4:4 10: 15 7:24 9: 15 11 :4 curb 10:3 16: 17 elevations 6: 19 13 : 17 11 : 1013 : 115 : 15 20:6 17: 1 , 15 eliminating 9: 18 age-targeted 6:2 16:8 close 7: 16 19: 11 current 14:2 empty-nesters ago 13 :9 14:4 beautiful 14: 14 closing 19: 16 currently 12: 18 14:24 19:3 ;. bedroom 12:5,6 code 18:4 custom 15: 1 16: 10 encourage 14:9 Agreement 3 : 15 Alderman 2:3,4,5,6 believe 5 :5 come 8:5,5 19:5 cut 10:22 15:8 encouraging 18:24 2:7,8,9 4:8 10:8 benefit 11 : 15 comfortable 8:9 C.S.R 1 : 12 engineering 16:24 14:8 18:8 benefits 11 :3 Commission 7:4, 10 entertain 3 :2 allow 18: 19 berm 16: 1 7: 11 , 19 8 : 17 D entitled 7: 14 BESCO 2:3 9: 13 communi ty 6:3 day 21 :2 entrance 16: 11 allowed 18: 14 better 11 : 1 12: 11 December 21 :2 17: 11 amazing 12:4 19:2 amendment 3 : 14 Bill 3 -218 : 15 compared 4: 15 deep 10: 16 18:2 estates 5 :2 amendments 3 :22 bit 6:6 15 : 1 ,9 14:21 depends 16: 16 evening 3 :20 ) ANN 2 :4 block 9:22 comparison 14:22 describe 12: 13 eventually 6:21 Board 7: 12 8: 13 complete 20:8 detail 12: 16 expensive 13 :6 15 :3 E annexed 20: 17 brick 6: 19 p details 14: 1 ,5 experience 13 : 18 answer 4:20 concern 11 :20 P build 10:7 12: 19 determining 10:21 extended 10:4 answering 6: 15 anybody 4:7 builders 3 : 12,21 concerned 12: 15 development 3 : 14 extending 15 : 17 anyway 10:21 11 :21 12:24 14:21 concerns 10:20 3 :23 extra 19:5 1 apologize 4:9 18:24 confused 8: 19 difference 5 : 12 building 6: 10 9: 17 confusing :9 8 : 16 12:5 F application 3 : 12 11 :5 13 14 22 g different 4:24 5: 1 faces 4:23 applies 20: 17 confusion 7:5 a pp 18 : 10 5 : 13 6: 10 7:6 family 11 :24 approached 5 : 19 consideration 14:7 PP built 6:3 13 : 11 , 16 14:3 far 5 :216:9 13 :9 5 :20 consists 3 : 15 16: 17 approve 18:21 BURD 2:2 3 : 1 ,5,7,9 constructed 7:22 difficult 9: 1 a roved 4: 12, 19 3 : 114:6 6:23 constructing 13 :22 direction 8: 13 favor 3 :7 11 :7 pP17,20 9: 1210:814:8 control 20:21 20:21 19: 15, 16 1 approximately 16:6 18 :7 19:7, 10 conversation 7:9 disability 16: 12 feet 4:2,2,3 ,4,5 9:24 19: 13, 15, 19 copies discussing 9: 14 10:2,2,4, 16, 16, 18 architectural 12:8 p discussion 5 :5 15 :2, 17, 18, 18,20 correct 20:8 C 16:4,2017: 1 , 17 12: 16 14: 1 16: 14 cost 16: 13 17:5 doing 11 : 10 12:22 cab 10:4 Council 1 :5, 10 4: 10 13 : 15 14:22 17:24 18:2,22 n. area 12:24 call 19: 15 dollars 13 :5 felt 5:24 asset 19: 1 4: 11 5 : 19,20 figure 12:8 Cannonball 3 : 17 door 17:7,8, 14,23 � association 15 :6,7 19:22 20:6 case 18: 13 doors 17 :6 filed 3 : 12 assume 20: 19 coun County 16: 12, certainly 10:20 County 16:2 20:2 doorways 16: 12 first-floor 6: 1 ,20 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 2 8:24 grass 15 :8 incorporate 15 :21 lengthy 4: 12, 14 19: 13,19 fit 4: 18 17: 8 great 19:4 Incorporated 3 : 12 Leslie 2:5 10:8,9, 14 MC 8: 15 9: 8 10: 1 fitting 12: 15 greater 10:23 11 :4 increase 16:4 10: 19 12:7, 11 , 19 10: 15 12:21 14: 18 five 4:4 9:24 15 :20 11 :5,5 increased 15 : 11 13 :24 14: 15 15:7 16: 15,23 16:4 18 :22 green 11 :3,9 18:22 lines 14:20 17: 19 18:2 19:9 flat 17: 11 Grove 13 :7 increasing 9: 16 list 4: 13 McCue 3 : 11 ,21 ,21 flatter 16: 18, 18 guess 5 : 17, 19 8 : 19 11 : 13,14 little 6:6 15 : 1 ,9 8: 15 11 :21 14: 10 follow 7: 10 10: 19 12:7 14:6 individual 5 : 10, 11 16: 15 mean 5 : 17,216: 13 foot 11 :24 16:21 ,23 guessing 10: 1 16:9 living 11 :24 8:8 11 :23 17: 8,16 gut 11 :6 initially 5:20,21 loaded 6: 12,14 meet 11 :23 18 :4 footprint 9: 16 guys 7:4 insight 11 : 18 loading 9: 18 meeting 1 :4, 10 7:4 E 15 : 12, 13 intent 10:6 located 3 : 16 7: 13 13 : 11 19:22 3 foregoing 20:7 H interested 20: 15 long 8: 8 17:22 Michaels 3 :20,21 forward 9: 17 Hall 1 : 13 issue 9: 13 13 : 19 18:21 4:20,22 5 :24 6: 11 found 11 :23 13 :23 hand 11 :9 20: 19 18: 10 look 12:714: 16,20 6: 16 7: 118 : 11 foundation 16: 17 21 :2 issued 8:4 looking 15 :20 9:6,20 10: 12, 17 four 4:4 9:24 10:5 happy 8: 12 issues 10:20 18 :9 lot 4:22 5 :3,6,11 , 11 11 :20 12: 10 13 : 16 framework 13 :24 hear 11 :20 18: 11 5: 17 6: 19 7:5,15 15 :6,10 16:21 front 17:3 hearing 3 :2,3 19: 11 8:6 10:21 11 :6, 14 17: 13,21 18 : 17 front-yard 4: 1 19: 17 20:6 J 13: 10,19 15 : 11 ,12 mid 6: 17 functional 12:4 height 17:23 J 1 : 12 20:3 21 :6 18: 10 Mill 14: 11 further 20: 11 , 16 Hello 19: 16 jail 16:2 lots 5 :2,2,2,9, 14, 16 MILLER 7: 16 8 :2 hereto 20: 17 JASON 2:5 5:23 7:6,14 8:21 12: 18 18:20 G hereunto 21 :2 JOSEPH 2:3,7 10: 10, 13 13 :6,8 mind 6: 14 9: 14 garage 9:23 10:3 higher 12:23 jump 11 : 11 14:5,19 16: 1 ,16 minute 11 : 11 17:2318: 1 ,2,3,5 hold 14:4 16: 18, 19,2418 : 17 mix 6:20 Gardens 13 : 17 home 5 : 10 6:7 K love 14: 15 months 14:3 17:22 11 :22 12: 15,24 keep 7:24 8 :6, 10,21 Lynette 1 : 12 20:3 motion 3 :2 7: 16 GARDINER 2: 11 13 :3 16: 10 8:22 18:24 21 :6 19: 10 GARY 2:6 homeowner's 15 :6, Kendall 16:2 move 6:6 15 :20 getting 5 :6 15 :7 kind 4: 16 5:22 9: 13 M 16:3 give 4: 16 8: 17 homes 6:3,9 12: 12 17: 19 maintenance 5 : 11 g moved 3 :4 19: 12 giving 10:24 13 :5 12: 14 13 :6,22 know 4: 14 8:23 majority 17:4 moving 4:4 9: 16,17 go 3 :2, 19,2413 :3 14: 1 , 10, 1216: 11 9: 1610:711 :3,5 mantainence15 :5 9:2410: 1 14: 1015 :916:22 I7:918: 15 11 : 16,1913 :2, 10 market 6: 1214:2 multifamily 10: 11 17: 15, 16, 16, 17, 17 hoping 7 : 1 13 : 1414:21 ,23 19:2 10: 12 17:24 hour 1 : 11 15 :3 marketable 14:6 going 4: 15 5 : 8 6:9 house 4:4 9:22,24 known 11 :22 masonry 12: 17 N 6: 19 8:3 9:8,18 10:2 13 : 1 15 : 1 , 16 14:5 name 8: 15 10:22 11 : 10,15 15: 17 16:4 L mass 11 :5,12 Neal 1 : 12 20:3 21 :6 12 13 : 1 14:4,23 houses 13 : 10 14: 19 land 11 : 1 , master 8:24 necessarily 17: 10 GOLINSKI2:6 3 :6 15 :20 landscaped 15:24 masters 6: 1 17: 12 7:3,23 8:8 large 6: 1 12: 15 master's 6:21 need 9:5 16: 19,20 good 3 :20 11 :22 I larger 5: 1 14:21 math 15 : 12 16:21 15 : 13 Illinois 1 : 1 , 13 20: 1 1 17: 1419:2 MAYOR 2:23 : 1 ,5 neighborhood � gorgeous 14: 13 inch 16:23 17: 16 lawn 15 :5 3 :7,9, 114:6 6:23 18 : 15 1 inches 17: 14, 17,23 leeway 5 : 17 grant 7: 19 9: 12 10:8 14:8 neither 20: 11 granted 8:4 inclusive 20:8 length 18:3 16:6 18 :7 19:7, 10 new 4: 10, 18,23 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 3 nightmare 8 : 14 plan 5 :217:3, 10, 11 quite 4: 12 17:21 right 6: 16 9:4 somebody 4: 15 7:2 notes 20:9 7: 19 8 : 17 9: 10 quote 12: 14, 14 10: 11 11 : 17 14: 19 somewhat 7:24 November 1 : 11 planned 3 : 14,22 18: 15 sort 6: 11 no-step 16: 11 17: 11 planning 5 :23 R ROBYN 2:8 south 3 : 16 number 6:3 7:21 plans 9:2,5 16: 14 Raintree 12:9 Roll 19: 15 space 11 :3,9 please 4: 1919: 11 ramp 17:2, 11 , 12, 14 roof 14:20 speaking 4: 14 O PLOCHER 2:7 17:20,21 18:3 room 9:23 11 :24,24 Spears 2:4 14:8,9 offering 9: 10 point 6:9 ranch 6:6 8:5,24 rooms 12:3,3 14: 17 16:7 17: 10 3 Okay 3 : 1 , 114:8 points 5 : 1 9: 10 13 :2,4 15 :2 ROSE 2:4 18 :6 19: 12 6:22 10: 14 12: 11 popped 9: 14 15 : 13 roughly 15: 18 square 10: 18 15 :2 16:6 18:23 19:7 porch 15 : 16 ranches 6: 1 ,20 7: 17 Route 3 : 16 SS 20: 1 on-street 9: 15 porches 9:3 ,9 7:20 8:23 10:7 running 15 : 14 staff 7:8 8 :9, 12,14 open 14:6 portion 19:21 range 12:23 R-2 5:2 staff's 18: 12 openings 17:6 positive 13 :7 ratio 3 :23 9:5 R-4 5:4, 16, 18 7: 14 standard 17:6 k' opportunity 10:24 Prairie 13 : 16 17:22 reach 19:3 7: 18,20 10: 10, 15 start 12:2 19:4 PRESENT 2: 1 real 3 : 1514: 17 14: 1915 :4, 11 ,24 started 13 :22 opposed 3 :9 5 :8 pretty 15 :3 realize 13 : 18 18 : 17 STATE 20: 1 19: 19 previously 4: 19 really 6: 13 7:21 R-4's 6: 17 stay 6:5 18 :24 19:4 options 4:24 price 5 : 16: 8 12:23 rear 15 : 16 16:3 step 17: 18 ordinance 16: 13 probably 13 :20 18:22 S straightened 7:8 original 4: 1120: 17 16: 10 17: 1 rear-yard 4:3 16:5 saying 8 : 17 Street 14: 11 9 Oswego 13 :7 14: 10 problems 15 : 15 reasoning 4: 17 says 11 :6 structures 5:22 outcome 20: 15 proceedings 1 :9 reciprocity 11 :2,9 schools 19:6 students 19:6 outlined 12: 16 20:5,7 recommendation se 12: 14 style 6:6 process 4: 16,23 7: 18 18 : 19,20 Second 3 :5,6 19: 13 subdivision 6:2 P product 6: 18 11 : 16 recommendations 19: 14 13 : 17 PAGE 20:2 project 5 : 13 18 : 13 see 6: 18 14: 10 subdivisions 13 :3 Pages 20:7 property 3 : 15 related 20: 12, 13 18: 12 subject 15 :23 park 9:21 10:5 10:23 relatively 4: 10, 14 seen 12: 12 suburban 9:21 - parking 9: 15 public 3 : 1 ,3 19: 11 Report 1 :9 20:7 set 21 :2 Sugar 13 :6 particular 16: 1 19: 17 reported 20:5 setback 4: 1 ,3 16:5 suit 20: 13, 14 particularly 12: 13 PUD 4: 11 11 : 11 Reporter20:4 18: 11 ,21 ,21 sure 13 :7 parties 20: 13,14 13 :21 reproduced 20:20 seven 15 : 17,18 surrounding 13 : 13 pass 7: 12, 12 pull 9:23 request 4: 18 6: 1 Shawn 3 :20 7:3 Sutcliff 2:8 18:8,9 people 5 : 10 6:5 put 5 : 18 9:3 11 :4 10:9 15 :21 shorthand 20:4,5,9 18 : 18,23 8 : 16 13 :24 15 : 19 requested 13 :21 side 9:22 percent 3 :24,24 putting 5 :22,23 requesting 3 : 13 ,22 sidewalk 9:22 T 1 7: 14, 17,20 8 :6,7 13 :5 17:5 11 : 18 signed 20: 18 take 14: 15 18 : 13 8: 18, 18,21 ,23 9:6 p.m 1 : 12 required 5 : 14 simple 8:21 taken 1 :9, 1120:9 9:9 10: 10,22 residential 6: 12 simplify 8: 12 talk 12:22 11 :23 13 :8, 13 Q residents 11 :4 single-family 10: 13 talking 14:2 17: 10 15 : 19 18 : 14, 16 quality 12: 14,22 resolution 7: 12 13 :8 targeted 10:7 12: 12 percentage 9:7 14: 17 response 3 : 10 size 10:21 11 : 13, 14 16:8 percentages 7:6 question 6: 12, 14 19:20 12:2, 12 Tax 13 :5 permits 7:218:3 16:7 responsibility smaller 5 :3,9, 14,23 terms 11 : 1 ,2, 15 pickup 10:3 questions 4:6,7 20:20 10: 13 11 :6 13 :6 12: 16 pitch 16: 19 6:24 9: 12 18:7 restrict 12:2 14:5 15 : 1 16:3 testimony 21 : 1 place 14: 120: 10 19:7 return 4:2 sold 13 : 1 Thank 18 :6 19: 8,9 DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 4 thereof 20: 15, 18 United 1 : 1 , 10 3 : 13 yard 16:3 17:3 4 thing 11 :21 12:21 3 : 17 yeah 18: 17 40 3 :24 9:8 10:2, 10 14: 18 15 :3 units 9:3 year 6: 11 10:22 13 :8, 13 things 6 :4 unknown 7:21 years 13 :9 40-percent 7: 15 think 10: 15, 17 11 :2 use 18 :4 Yorkville 1 : 1 , 11 , 13 4510:2 11 :8,21 13 :2, 13 Usually 17: 14 1 : 13 3 : 13, 18 5 :7 16:20 18: 18,23 utilization 10:23 6:5 13 :9 19: 1 ,5,5 5 19: 1 ,2,3 utilize 11 : 1 20:6 507: 14,17, 19 8:7 thought 4: 16,23 V Z 8 : 18,21 ,2318: 14 8 :20 10: 19 15 :20 thoughts 11 : 19 VALERIE 2:2 zig-zagging 17:3 6 three 14: 19 17: 1 variance 5: 16,18 617:8 time 16: 14 20: 10 7: 19 8:4 10:9 $ 60 3 : 16 today 14:3,3 11 : 17 15 :22 18: 14 $300,00012:9 TOM2: 11 variances 4: 13 ,17 7 tonight 4:8 4: 19 5: 14 7:7 0 7010: 16 townhomes 5 :4,6,9 13 :20 084-004363 21 :7 75 8: 18 towns 13 : 13 vehicles 10:5 1 track 7:248:7, 10 vision 5: 15 10th21 :2 8 8 :22,22 12:24 voting 19: 16 8:001 : 12 11-foot 12:6 13 :3 1216:20 9 x, tradeoff 12:20 12-foot 12:5 9,00010: 18 Trail 3 : 17 WALLY 2:9 transcribed 19:23 want 4:24 5 :4 9:2 12010: 16 transcript 15 : 18 114, 17 t20:9 7: 10.2214:24 , 18 x p wanted 5 : 1 ,3,9 6:4 17: 17,23,24 Travis 11 : 12, 19 1710:4 tricky 16: 15 6:5 wasn't 4: 11 13 :22 1814:3 17: 14 truck 10:4 1918:2 20:8 true 17:2 20:8 way 7: 13 20: 13, 15 try 6:4 8:22 19:3 week 7:5 190015:2 1 trying 6: 16, 19 8:20 well-constructed 2 , 9: 1 , 1 ,11 12: 1 ,22 14: 13 215 : 19 17:8 t 5: 12 15 : 8, 10 17:8 wen 2-foot-817:7 Werderich 2:9 3 :4 turn 16:4 2007 1 : 11 21 :3 � two 3 :22 4:24,24 4:8,9,21 5 : 15 6:8 25 4:2,3 13 : 10 5: 13 6: 10 14: 12 6: 13,22 7: 1 19. 14 271 : 11 18:9, 11 weren't 13 : 11 two-and-a-quarter wheelchair 17:7 3 13 :4 18:4 320:7 1 f 21 whereof : two-stories 6:21 w 30 3 :24 4:2,3 8:6 two-story 15 : 14 wide 10: 16 12:6 10: 10,22 11 :23 type 16: 16 wider 16: 12 17:5 13 : 12 18 : 16 types 5 : 13 work 8 : 12, 13 300s 6: 17 worked 7:7 32 9:6 U wouldn't 8:2 11 :7 34 3 : 16 understand 11 : 16 17:5 35012: 10, 11 14:2,3 understood 7: 13 Y 15 :2 unit 3 : 14,22 8:5,5 374,00013 :2 DepoCourt Reporting Service ( 630 ) 983 - 0030 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVILLE KENDALL COUN'T'Y ILL XS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON DRAFT TUESDAY. DECEMBER 11, 2007. Mayor Pro Tern Munns called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward II Golinski Present Plocher Present Ward III Mums Present Sutcliff Present Ward IV Besco Present Spews Present Also present: City Administrator McLaughlin, Finance Director Mika, Director of Public Works Dhuse, Director of Park & Recreation Mogle, Community Development Director Miller, and City Engineer Wywrot. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Werderich requested that Item #10 - Sunflower Estates SSA 2006-119 Abatement Ordinance - (ADM 2007-113) be tabled until the next City Council meeting on December 18, 2007 because the numbers in the ordinance are different from those discussed at the Administration Committee meeting, City Administrator McLaughlin noted that Item #19 - Ordinance Approving the Revision of the 2007- 2008 Fiscal Budget (ADM 2007-52) has additional paperwork added. CONSENT AGENDA 1 . Monthly Treasurer's Report for October 2007 (ADM 2007-101) 2. Ordinance 2007-80 - Raintree Village I SSA 2003-100 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-105) 3. Ordinance 2007-81 - Windette Ridge SSA 2003-101 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-106) 4. Ordinance 2007-82 - Central Grande Reserve SSA 2004-104 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-107) 5. Ordinance 2007-83 - Total Grande Reserve SSA 2004-106 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-108) 6. Ordinance 2007-84 - Raintree Village II SSA 2003-107 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-109) 7. Ordinance 2007-85 - Autumn Creek SSA 2005-108 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-110) 8. Ordinance 2007-86 - Bristol Bay I SSA 2005-109 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-111) 9. Ordinance 2007-87 - Fox Hill SSA 2004-201 Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-112) 10. Ordinance 2007-88 - Rob Roy Creek Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-114) 11 . Ordinance 2007-89 - Countryside Center TIF Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-115) 12. Ordinance 2007-90 - Countryside Interceptor Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-116) 13. Ordinance 2007-91 - Fox Industrial Park Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-117) 14. Ordinance 2007-92 - In-Town Road Program Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-118) 15. Ordinance 2007-93 - Waterworks & Sewer Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-119) The Minutes of the Regular Meeting of the City Council — December 11. 2007 — Page 2 16. Ordinance 2007-94 - Refinance Abatement Ordinance - authorize Mayor and City Clerk to execute (ADM 2007-120) 17. Exchange Server Proposal — approve as presented (ADM2007-121) 18. Ordinance 2007-95 - Approving the Revision of the 2007-2008 Fiscal Budget — authorize Mayor and City Clerk to execute (ADM 2007-52) 19. Monthly Water Department Report for September 2007 (PW 2007-179) 20. Monthly Water Department Report for September 2007 (PW 2007-180) 21. Fox Hill Unit 7 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if not renewed by January 28, 2008 (PW 2007-183) 22. Kendallwood Estates — Site Development Letter of Credit Reduction #1 — authorize reduction in '.. Letter of Credit in an amount not to exceed $842,611.20, subject to verification that the developer has no outstanding debts owed to city (PW 2007-185) 23. Grande Reserve Unit 12 — Site Development Letter of Credit Reduction #2 — authorize reduction in Letter of Credit in an amount not to exceed $21,179.94, subject to verification that the developer has no outstanding debts owed to city (PAT 2007-186) 24. Grande Reserve Unit 13 — Site Development Letter of Credit Reduction #2 — authorize reduction in Letter of Credit in an amount not to exceed $24,652.12, subject to verification that the '.. developer has no outstanding debts owed to city (PW 2007-187) ',.. 25. Grande Reserve Unit 20 — Letter of Credit Expiration — authorize City Clerk to call letter of credit it not renewed by February 15, 2008 (PW 2007-188) '.. 26. Kylyn's Ridge Units 1 & 2 — Letter of Credit Release — authorize release of Old Second Bank Letter of Credit No. 382000062 in the amount of$275,902.38, subject to ver fication that the developer has no outstanding debts owed to city (PW 2007-189) 27. Bristol Bay (Galena Road Improvements) — Bond Release - authorize release of bond #RM76027756 fronh The Guarantee Company of North America USA in the amount of $475,012.00 (PW 2007-190) 28. Prairie Pointe— Letters of Credit Reduction #1 - authorize reduction to Castle Bank Letter of Credit #7000273147-900 in an amount not to exceed $151,041.98, authorize reduction to Castle Bank Letter of Credit 47000273147-901 in an amount not to exceed $207,968.05, authorize reduction to Castle Bank Letter of Credit 97000280686-900 in an amount not to exceed $23,902.59, subject to verification that the developer has no outstanding debts owed to city (PW 2007-191) 29. Me Vickers Development — Sitework Letter of Credit Reduction 42 - - authorize reduction in '.. Letter of Credit in an amount not to exceed $9913.25, subject to verification that the developer has no outstanding debts owed to city (PW 2007-192) 30. In-Town Road Program (Utilities) — Change Order 44 — authorize Mayor and City Clerk to execute (2007-194) 31 . Route 34/Sycamore Traffic Signal (PW 2007-195) a. Bid Results — award to Gaffney 's Pldl in an amount not to exceed $113, 193. 75 b. Resolution 2007-58 - MFT Resolution — authorize City Clerk to execute 32. Raging Waters — MOT Letter of Understanding — authorize Mayor to execute (PW 2007-196) 33. Yorkville Marketplace — IDOT Letter of Understanding — authorize Mayor to execute (PW 2007-197) 34. Resolution 2007-59 - Yorkville Marketplace Traffic Signal — IDOT Highway Permit and Resolution — authorize Mayor and City Clerk to execute (PW 2007-198) 35. Boiler Machinery Insurance — approve as presented(PW 2007-200) 36. Raintree Village Unit 1 — Route 71 Improvements & Offsite Sanitary - Final Acceptance — approve final acceptance ofRaintree Village Unit I and offsite sanitary sewer, subject to completion ofpunchlist and receipt of satisfactory Bills of Sale and Warranty Bonds as presented (PW 2007-199) A motion was made by Alderman Leslie to approve the Consent Agenda as amended; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Mums-aye, Werderich-aye, Golinski-aye, Leslie-aye, Besco-aye, Sutcliff-aye, Spears-aye ADDMONAL BUSINESS None. ADJOURNMENT Mayor Pro Temp Mums entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Werderich. Motion approved by a viva voce vote. Meeting adjourned at 7:05 P.M. Minutes submitted by: Jackie Milschewski, City Clerk United City of Yorkville, Illinois Paga 1 OT 9 UNITED CITY OF YORKVILLE COMMITTEE OF THE HOLE DRAFT CITY COUNCIL CHAMBER November 27, 2007 7:00 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 City Treasurer Bill Powell (arrived 7:58 p.m.) Alderman Wally Werderich Deputy Clerk Lisa Pickering CITY STAFF PRESENT: City Administrator McLaughlin Chief of Police Martin Assistant City Administrator Olson Park & Recreation Director Mogle Attorney Tom Gardner Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Finance Director Mika Police Lieutenant Hart Superintendant of Recreation Swithin GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Golinski questioned the following item on the bill list: o Page 33, Veolia Solid Waste. He questioned whether the amount was for a one month or two month billing cycle. Finance Director Mika responded that it was for a two month billing cycle. Alderman Spears questioned the following items on the bill list: • Page 10, Engineering Enterprises, Inc. — Montgomery Boundary Agreement in the amount of $1161 .00. Alderman Spears asked if we were splitting that cost with the Village of Montgomery? City Administrator McLaughlin responded that he would have to check on this. He doesn't know if it was beneficial to Montgomery. He stated that this was work that was done on our behalf to see if our infrastructure would line up correctly in the future to serve the areas that we are contemplating under the boundary agreement. He will check to see if there is any benefit to Montgomery and if there was, we will seek reimbursement on it. • Page 23, Kathleen Field Orr & Assoc. — Downtown Tif Review in the amount of $288.00. Alderman Spears asked if we knew what the attorney is reviewing. City Administrator McLaughlin responded that he would have to check on this. There were no further questions or comments. The Bill List was placed on to the November 27, 2007 City Council agenda for approval. Paae 2 of 9 ITEMS RECOMMENDED FOR CONSENT AGENDA 1. PS 2007-40 Request to Purchase LiveScan 2. PS 2007-41 New World Software Purchase 3. PS 2007-42 Request for Cadet Pay Increase Mayor Burd asked if there were any comments or questions on the consent agenda. Chief Martin stated that LiveScan is the fingerprinting machine that goes with the New World Software Purchase. The New World Software has been a budgeted item for a couple of years. He said that we had been waiting for Kendall County and Oswego to determine if it was a viable product for them. It has been determined that it is. A number of other cities are involved with the software. The software is very user friendly and it's a very good product. The police department has decided to go ahead with LiveScan and the New World Software. Chief Martin also spoke about the Request for Cadet Pay Increase. This request is for a 50 cent per hour pay increase for the cadet. He stated that the city did not increase the cadet's pay at the beginning of the year like the city did with everyone else. Currently the cadet's starting pay is $7.50 per hour which is the same as the mimrnum wage for the State of Illinois. They would like to bump up the pay to $8.00 per hour. These items were placed on the November 27, 2007 City Council consent agenda for approval. MAYOR L COW 2007-35 Boundary Agreement with Montgomery Mayor Burd stated that the council had received copies of the boundary agreement previously and they had discussed it. She asked if there were any comments or questions in regard to this item. Alderman Spears said that she had several comments. She doesn't think that the property owners were notified if they were going to be located in Yorkville portion or if they were going to be located in the Montgomery portion. She stated that she happens to know the Dickson's very well. She wanted to inform the council that the Dickson Farm is over 150 years old and has received state certification. It's one of the oldest farms in the state and is located in unicorporated Kendall County and has a Bristol address. Shorty Dickson's late dad Simon was very active in the entire Yorkville Community for many years. He served on the school board, the Kendall County Farm Bureau and also volunteered for any community organization that needed any type of assistance. Shorty Dickson was the owner of Zeiter-Dickson Insurance Company. Currently, he's president of the Bristol Kendal Fire District, serves as Chairman of the Waubonsee Community College Board, and serves on the KenCom Executive Board. He also served on the Yorkville National Bank Board for over 30 years. Shorty's wife Mirian has retired from the Yorkville National Bank after 32 years. Their children received their education through the Yorkville School District. Their grandchildren are currently attending Yorkville schools. The Dickson family is one of the founders that have established this community. The Dickson property has earned and deserves to be within the boundary of the United City of Yorkville. The Dickson's were not contacted regarding the proposed boundary agreement. Alderman Spears stated that when she saw Shorty last week at the KenCom meeting, she asked his feelings about the agreement. He acknowledged that he had recently heard of the proposed agreement through a friend and immediately contacted Mayor Burd to arrange to meet with her to discuss this property. Alderman Spears asked is this another example of government disregarding and taking away the rights of individual property Page 3 of 9 owners. She said that she would like to request that you envision this scenario: without your knowledge, your property is suddenly de-annexed from Yorkville and possibly annexed into Joliet or Plano, depending on where you live? Would this have any type of impact on you or your family? She feels that the council should readdress this boundary agreement and notify all of the property owners that this is affecting and ask them their choice — Montgomery or Yorkville. She asked our attorney if there is a state statute that requires property owners to be notified that there is an intergovernmental agreement being considered. The attorney stated that he would have to check on it. She said that she would like this item tabled until we find out if legally the property owners need to be notified. Mayor Burd commented that she had several discussions with Shorty and that she has known him for a very long time and holds him in very high esteem. At the conclusion of their discussions, he told her that he was okay with it. He since has called her and said that he has reconsidered his thoughts. She wanted the council to know that as we moved forward, she did not move forward in opposition to talking to him and getting his input on it. She feels that he is perfectly entitled to want to be in Yorkville. She stated that she invited him to come to the meeting tonight to speak on his own behalf She wanted to point out that part of his brothers property is already in Montgomery. Montgomery honored the Dickson's by taking one of their farms and making it into a historic site. She doesn't think that there is anything negative about being in Yorkville or Montgomery. She doesn't feel that this is a question of them being in Montgomery. It's a question of them being in an unincorporated area, if they want to incorporate then they would be in Montgomery. No one is forcing them. At Shorty's request, she asked to have it put into the boundary agreement that there would be no forced annexation of the property, that the homeowners would be entitled to stay just exactly as they are forever. If they want to be incorporated, then the boundary agreement would decide what municipality they could incorporate to. Yorkville has never forced annexed anybody. She said that we've had a public hearing on this, it's been in the newspaper, been on the website, and people have been discussing it. She invited Mr. Dickson to comment on this if he wanted to. Mr. Dickson introduced himself and said that he lives in Bristol, Illinois. He thanked the Mayor and City Council for letting him speak. He stated that his land was purchased for agriculture purposes and not residential development. He is surrounded by land investors that want development. This has constantly caused him to have to deal with development issues. Development has made a big change in his environment and life. The current changes have caused him consternation. Looking at the map, his farm has been aligned with Montgomery. He just built a new home on his farm. His family has always gone to church and school here in addition to owning an insurance business and belonging to many local organizations. He also said that most of his family and friends live in the area. He stated that he may be foregoing future economic advantages, but his heart lies in Yorkville. He is requesting to have his farm be in the Yorkville side of the boundary line instead of the Montgomery side. He wants his farm to stay in unincorporated Kendall County and not be forced to annex to a city and also to have his address stay the same. Alderman Golinski asked if Mr. Dickson was notified by mail? Mr. Dickson responded that he was not. Alderman Golinski feels that all of the property owners should have been notified. Alderman Besco stated that he was surprised when he saw the first draft of the proposed agreement. He feels that the Dickson family name is synonymous with Yorkville. It had caught him off guard that their homestead would be in Montgomery's planning area. He had asked Community Development Director Miller if they could notify the property owners. He understands it is not required, however, he feels that it would be the right thing to do. Alderman Spears commented that they were not sure yet if notification was required. Attorney Gardner Page 4 of 9 stated that he looked at the notes that he had from Attorney Orr. He said that it appears that it meets the statuatory requirements based on the notes that he reviewed. Alderman Spears said that she would still like it verified that notification is not required by state statute. Alderman Werderich stated that he thinks Mr. Dickson is a valued member of our community He asked if there was any way that we can we accommodate him in his request. Mayor Burd said that we might be able to go back to Montgomery and negotiate this. The reason that they picked that line was that it follows the Yorkville Bristol Sanitary District line. Mayor Burd stated that this is not the first boundary agreement that we have negotiatied. She said that we've done agreements with Oswego, Plano, and Sugar Grove. She said that we have never sent out notices to every property owner along the proposed intergovernmental agreement line. One of the reasons that we have not sent out notices is that we are not annexing anyone. We are just having an agreement with another municipality. It is not force annexing anybody into anywhere. If Mr. Dickson wants to stay in the county he can stay in the county. The agreement is a twenty year agreement. It's not a forever agreement. She then asked Community Development Director Miller to talk about the reasoning behind boundary agreements. Community Development Director Miller said that one of the main advantages of boundary agreements with neighboring municipalities is so that municipalities don't get into a situation where developers or property owners pit one town against another. In the Plano and Sugar Grove agreements there is very little mention of the desires of property owners. The focus of those agreements deals with infrastructure. Miller stated that they worked with staff and most of the focus of discussion was about service areas and land planning areas. Mayor Burd commented that at the last meeting that Alderman Spears had said that we should rely on our staff and not be listening to the constituents in our community over the street program. Alderman Spears replied that at the last meeting the Mayor had also said that she represented her ward. Alderman Spears said that she is trying to represent the entire city and the property owners. As a point of history, she said that she had sat in on the boundary agreement with Plano and she said that they did notify all of the people along Eldamain Road. She stated that they had received several phone calls from people who were concerned whether they were going to be located in Plano or Yorkville. She would like to see the city be fair with individuals. Alderman Spears asked Community Development Director Miller what the effect would be on Mr. Dickson's property if he is in the Fox Metro Sanitary District and he is located in Yorkville. Community Development Director Miller responded that the sanitary district is just another taxing body. There is nothing that requires that municipal boundaries be the same as the sanitary district boundaries or school district boundaries. Alderman Werderich said that he would like to know if there are any options available to bring Mr. Dickson to Yorkville. Mayor Burd said that she drinks that there may be. She said that it's a give and take situation. There was a property owner who wanted to be in Montgomery and Montgomery was willing to work it out with them to be in Yorkville. The dividing line goes right through their property and they are in a commercial situation, so if city council would be willing to reopen that discussion perhaps they would trade that property for Mr. Dickson's property. Alderman Besco said that the sanitary district lines shouldn't have a lot to do with it setting the boundary lines. Grande Reserve is partially serviced by Fox Metro and YBSD. He feels that Alderman Spears has a good idea in contacting all of the property owners. He said that there might be others that we do not know about. Page 5 of 9 Mayor Burd asked the city council what if all the owners can't agree and we end up with no agreement. There might not be a consensus for the city to draw a line. Alderman Spears said that the city has experienced that for ten years with Montgomery and also Sugar Grove and unfortunately has ended up in lawsuits. She would like to avoid that. She doesn't feel that this issue was resolved by having a couple of people sit in on the discussions. If she was a property owner she would like to be notified. City Administrator McLaughlin stated that during the course of the negotiations that took place before his arrival at the city, there was an indication that Montgomery was interested in the Peters West piece of property. He felt that there was potential for a trade off with Montgomery. He felt that it might be negotiated that Peters West could go to Montogomery and then the Dickson property could remain in Yorkville. He asked if there was no objection, he would like to present that to the property owners and to Montgomery. Alderman Besco said that he would like the property owners to have a say before the city went back and talked to Montgomery. Mayor Burd said that the other side of the Peters property is in Montgomery. She said that the Peters property is in the commercial corridor, so council would be giving up a commercial piece of property for a residential piece of property. City Administrator McLaughlin said that he would contact the property owners first and then follow up with Montgomery. There were no further comments or questions. This item will return to COW and City Council on December 18, 2007. 2. COW 2007-44 Cable and Video Competition Fill a. Right-of-Way Ordinance b. Franchise Fee and Peg Fee Ordinance c. Customer Service and Privacy Protection Ordinance City Administrator McLaughlin stated that Assistant City Administrator Olson has worked with the city's legal counsel and Illinois Mumcpal League's staff on preparing ordinances in advance of Project Lightspeed from AT&T. They are on the agenda for a first review by council. He said that if council has any questions, to please contact Olson or himself. Alderman Spears said that when the city first formed the cable consortium they had legal counsel that specialized in this. She asked if they had been contacted and if the city was working with the entire cable consortium on this document. Assistant City Administrator Olson replied that these documents were drafted by the Illinois Municipal League. Alderman Spears asked if all of the cable consortium was going to have the same documents. Assistant City Administrator Olson said yes, for the most part. The only thing that should be different are mainly codification and policy options. Substantially, the documents should be the same. Alderman Spears asked if we did check to make sure that they are the same. Assistant City Administrator Olson replied that North Aurora and Montgomery should be using the same boiler plate ordinances as ourselves. He said that these ordinances are being adopted region wide. There is a main link on the IML website. The city attorney has reviewed the ordinances. Alderman Golinski said that there was not a cable consortium meeting in November. The next meeting is the first Thursday in December. They will be discussing the ordinances at the consortium meeting. Pale 6 of 9 City Administrator McLaughlin said that the only keypoint that might be different is how you restore the lawns or the surfaces after the project comes through. Each community holds different standards for the vendors on how they restore the property. There were no finther comments or questions. This item will return to COW and City Council on December 182 2007. 3. COW 2007--45 County Solid Waste Ordinance Discussion Mayor Burd stated that this was just an information item to notify the council of her attendance at a county board meeting. She said that recently quite a few people spoke to the county board asking them to review their solid waste ordinance and have a discussion about whether or not landfills should be included in that. At the end of the meeting they moved to bring this back to their committee and to reopen the discussion. She just wanted council to be aware that they are moving forward with that. PARK BOARD No report. PUBLIC WORKS COMMITTEE No report. ECOMOMIC (DEVELOPMENT COMMITTEE No report. PUBLIC SAFETY COMMITTEE 1. PS 2007-43 24 Hour Collector Ban Alderman Spears said this was discussed at the Public Safety Committee meeting. She said that they had originally asked each alderman to survey their wards and suggest streets that would be a public safety issue. She said that for instance Countryside Parkway has become a route that people are taking to avoid the Route 47/Route 34 traffic light. They are now cutting through the subdivision instead. The city had to invest additional funds in larger stop signs. There was a discussion that collector streets were originally designed not to have parking on them. This should not be anything new to any individual that is residing on a collector street. Some of the committee members did not feel they were qualified to check on the streets in their wards and provide a list. This item came to the Committee of the Whole so that council could have additional discussion. Alderman Besco said that he had suggested originally that they start with the collector streets because they are designed to move traffic, not to park cars. City Administrator McLaughlin said that he is recommending that there might be some streets that should be treated on a case by case basis. He said that if you look at some of the minor collector streets in the subdivisions, the number of homes and driveways that face onto the minor collectors could prove a hardship within that subdivision. If someone wants to have an event at their home on the weekend, it would be difficult if the entire street had parking prohibited on a 24/7 basis. His experience in other communites has been that parking restrictions are best treated on a case by case basis to address known problems where they are seen and observed. In his Page 7 of 9 opinion, blanket ordinances create ill will and cause difficulty for the homeowners and the staff that has to enforce some of these restrictions. He stated that this is a policy decision for the city council. Alderman Besco agreed with McLaughlin to some extent, but also believes that even the minor collectors are feeders into the subdivisions. He feels that it is important to keep these roads open. He thought that at one time, they had discussed that if residents had guests staying over, they could call and notify the police, so that there would be an alternative available. One of his concerns is heavy snowfall when public works is out trying to clear the roads. The one road that you want clear is that main access into the subdivision. If you look at the minor collectors, they are feeders into the subdivisions. He also remembered the parking restrictions being waived during the holidays. Alderman Besco would like to move ahead with this, with the condition that citizens can call the police and notify them if they are having specials events at their house that will result in vehicles being parked on the streets. Chief Martin said that coming into the Countryside Subdivision, both Countryside Parkway and Center Parkway are marked for two lane traffic and people are parking there. He feels that council should probably look at those streets. Alderman Werderich clarified that there are a couple of options on the table. The first is everything that is indicated on the map and the second is just the ones that are recommended by the police or public works. Chief Martin asked the council if it would be possible for City Administrator McLaughlin, Public Works Director Dhuse, and himself to sit down and work out the streets that they feel need to be addressed and then come back and present it to council. There were no further comments or questions. This item will return to COW and City Council on December 18, 2007. ADMINISTRATION COMMITTEE No report. CITY COUNCIL REQUESTS L COW 2007-46 Senior Center Discussion Alderman Spears requested this item to be on the agenda. She asked the council to consider establishing a foundation for a senior community center. Chief Martin asked if they could incorporate the senior center with the Yorkville Police Department as they are already partnered with the seniors. Alderman Spears said that it had been discussed in the Public Safety Committee. Her purpose of the foundation is to have them located with the Police Department, but to also come up with additional funds. She said that she has been approached by several individuals in the community who just wanted to know how they could go about donating their money to a senior foundation. She thinks that they could acquire quite a few funds if we had a foundation. These are senior individuals who are very interested in any type of a foundation so that they could donate money. Mayor Burd thinks that it is a legal question. She thinks that it might be for outside entities to establish foundations. page 8 of 9 Attorney Gardner said that he is not familiar with municipalities doing this. He said that there are public/private partnerships, however he doesn't know of one that is totally a foundation set up by the municipality. He stated that he will look into this and let the council know what options are available. Mayor Burd said that there is a recently created foundation in the city of Yorkville called United Yorkville. She asked Alderman Sutcliff to comment on it. Alderman Sutcliff said that the purpose of United Yorkville foundation is to help the City of Yorkville in various ways. With the foundation they are able to take donations from corporations and private owners in the form of money or land or a trust to use for the things such as scholarships, bike paths, open space, acquiring buildings, it could be anything that the city needs. It's a not-for profit foundation. She said that it's not done yet, that they are waiting for paperwork. They are trying to enhance the community in any way that they can. Mayor Burd said that perhaps that organization could be involved with the Senior Center as it is already established. Alderman Spears asked if the foundation was just a private organization that was not connected with the city. It was clarified that it was a private non profit entity. The entity would hold the money and it would be up to the board members to decide where the money is going. Alderman Spears said that she would prefer to establish something separate for the seniors. She was concerned because she said that several years ago, the seniors put together a polka event which raised a couple of thousand of dollars and the funds were not separated. She asked the City Administrator if staff was looking into it. City Administrator McLaughlin said that staff was researching it. Alderman Spears stated that she truly wanted to keep the funds separate. Alderman Golinski said that several years ago the city instituted a municipal building fee fund. He asked if that money goes into one fund or is it earmarked for certain buildings. City Administrator McLaughlin said that it is not segregated. It's one set of dollars and it is at the discretion of council how it's spent. Alderman Golinski asked if a senior center would fall under a municipal building fee fund. Mayor Burd said that it is up to the council to set priorities on how they would like the money to be used. ADDITIONAL BUSINESS Alderman Golinski said that he had received two calls about the Van Emmon Street closing on Thursday. With Route 126 still closed, it would leave Route 71 as the only east-west access getting in or out of town. City Administrator McLaughlin replied that he had contacted IDOT to see if they could wrap up their job a little quicker and he had also contacted Kendallwood to see if they could hold off starting their job. Both parties have agreed. IDOT will expect to open Route 126 sometime next week. It will be a four way stop unil mid December when the signalization will be activated. The city will wait for that to open before they allow Kendallwood to proceed. Alderman Leslie asked if the city could request a flashing red light there. He said that he had gone through the new one and stopped at the old one. Alderman Werderich said that he had been contacted by constituents expressing the same concern with the intersection. Alderman Spears said that back in October the Yorkville Big Band had asked for sponsorship. She said that she had requested that they provide proof that they are a not for profit organization. If they are private, then they need to pay the city back for rental of the Beecher Center. She asked City Administrator McLaughlin if they had come forward with any proof that they were a not for profit organization. City Administrator McLaughlin said that he had not been contacted directly yet. He said that it was possible that someone on staff might have been contacted. Alderman Page 9 of 9 Spears asked if we could find out. She said that this Friday, the city is paying them for playing at the Yorkville holiday event. She said that we have already paid them a deposit of $600.00. On the current bill list we are paying them an additional $950.00. She asked if we can we remove this from the bill list at this time without proof that they area not for profit. She asked how can we recover those funds. City Administrator McLaughlin said that a staff person may have given the band incorrect direction. He said that person news feels terrible about this and it has been addressed through their supervisors. As far as going back to the band after our employee gave this direction, he would have to check with the city's legal counsel about recapturing some of those dollars if that is the will of the city council. Alderman Sutcliff said that she was not interested in chasing after these people for money. Alderman Plocher said that over $6000.00 in donations was raised for the holiday event — maybe some of that money could be earmarked for the Yorkville Big Band. Alderman Spears asked who determined where the money was going for the holiday event. Alderman Plocher responded that he had bought the Christmas tree. Alderman Sutcliff said that the committee determined how the money was spent. Alderman Spears asked which committee that was. Alderman Sutcliff responded that it was the committee for Holiday under the Stars, which she had volunteered for. She said that this committee produced the holiday event and there were approximately 7-8 people who served on the committee. City Treasurer Powell commented on the Hop on the Bus part of the holiday event. He clarified that the money raised for the Hop on the Bus program all came from private parties, and that none of that money came from the city. There was no further additional business. The meeting was adjourned at 8:23 P.M. Minutes submitted by Lisa Pickering, Deputy 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 December 18, 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 Carr EST`,,, p III" <LE tv� �e o cip Reviewed By: Agenda Item Number �= o a T Legal ❑ M cry o.2 Esr. Z less Finance F1 1 Engineer El Tracking Number City Administrator F1 Consultant ❑ do u i -. <LE \vim Agenda Item Summary Memo Title: Proclamation for National Drunk and Drugged Driving(31)) Prevention Month Meeting and Date° COW/CC—December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE NATIONAL DRUNK AND DRUGGED DRIVING (31)) PREVENTION MONTH DECEMBER 2007 WHEREAS, motor vehicle crashes killed 1 ,254 people in Illinois during 2006; and WHEREAS, 47 percent of those deaths were in alcohol-related crashes; and WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for impaired driving; and WHEREAS, for thousands of families across the state and the nation, these holidays are a sad time to remember loved ones they lost to impaired drivers during previous holiday seasons or other times throughout the year; and WHEREAS, organizations across the state and the nation are joined with the You Drink & Drive, You Lose. and other campaigns that foster public awareness of the dangers of impaired driving and anti-impaired driving law enforcement efforts; and WHEREAS, the community of the United City of Yorkville is proud to partner with the Illinois Department of Transportation's Division of Traffic Safety and other traffic safety groups in that effort to make our roads and streets safer; and NOW, THEREFORE, I, Mayor Valerie Burd do hereby proclaim December 2007 as Drunk and Drugged Driving (31)) Prevention Month in the United City of Yorkville and do hereby call upon all citizens, government, agencies, business leaders, hospitals and health care providers, schools, and public and private institutions to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol and other drugs this December holiday season and throughout the year. Dated this Wi day of December, 2007, A.D. Valerie Burd, Mayor Reviewed By: Agenda Item Number Legal ■ esr � 1636 Finance El Engineer ❑ City Administrator ❑ Tracking Number Sf �n. O Consultant ❑ Human Resources F1 COW 2007-40 City Council Agenda Item Summary Memo Title: Downtown Yorkville Tax Increment Financing Redevelopment Project Area Amendment City Council/COW Agenda Date: December 18,2007 Synopsis: The proposed amendment removes two parcels from the TIF Project Area. The parcels are currently owned by Mayor Burd and this ownership would result in a conflict in the event Mayor Burd engages in discussions related to redevelopment projects utilizing TIF revenues. Council Action Previously Taken: Date of Action: June 13, 2006 Action Taken: Approval the Downtown Yorkville TIF Redevelopment Plan and Area Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: i ORDINANCE No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA, WHICH REMOVES CERTAIN PARCELS FROM THE PROJECT AREA WHEREAS, the Mayor and City Council (collectively, the "Corporate Authorities"), of the United City of Yorkville, Kendall County, Illinois (the "City"), pursuant to the Tax Increment Allocation Redevelopment Act, as amended (the "TIF Act") (65 ILCS 5/11 -74.4- 1 , et seg.), approved the Downtown Yorkville Tax Increment Financing Redevelopment Project Area on June 13, 2006, pursuant to Ordinance No. 2006-47 (the "Area'); and, WHEREAS, the Corporate Authorities of the City now desire to amend the Area by removing properties identified by parcel numbers 05-39- 156-014 and 05-39-156-018 which are legally described in Exhibit A, and depicted in Exhibit B, which exhibits are attached and made a part of; and, WHEREAS, after the removal of these parcels, the parcels that remain will be referred to as the "Amended Area"; and, WHEREAS, pursuant to Section 11 -74.4-5(a) of the TIF Act: "Changes which do not ( 1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as measured from the time of creation of the redevelopment project area, to a total of more than 10, may be made without further hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section 11 -74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district."; and; WHEREAS, the Amended Area includes only those contiguous parcels of real property and improvements thereon that will substantially benefit the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing preambles are adopted as if restated. Section Z The amendment to the United City of Yorkville Downtown Yorkville Tax Increment Financing Redevelopment Project Area, which removes parcel numbers 05-39- 156-014 and 05-39- 156-018 from the Area and results in the Amended Area, is approved. Section 3. The date of completion of the redevelopment project is not extended beyond December 31 , 2029, as permitted by law. Section 4. Pursuant to the TIF Act, the changes made to the Area through this Ordinance shall be mailed to registered interested parties and taxing districts, and shall be published in a newspaper of general circulation, no later than ten (10) days following the passage of this Ordinance. Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. PASSED this day of 2007. WALLY WERDERICH MARTY MUNNS JASON LESLIE ROBYN SUTCLIFF ARDENJOEPLOCHER ROSESPEARS GARY GOLINSKI JOSEPH BESCO 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this th day of , A.D. 2007. Valerie Burd MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this the day of A.D. 2007. Attest: Jacquelyn Milschewski CITY CLERK 3 EXHIBIT A LEGAL DESCRIPTION NJ III That part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast comer of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel, with the Center line of the Burlington Northern Railroad main track, 77.66 feet for a point of beginning; thence westerly parallel with said center line, 104.66 feet to the East line of MITI Street; thence northerly along said East line; 133.48 feet to a point which is 63.0 feet southerly of said center line; thence easterly parallel with said railroad center line, 103.50 feel; thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. Reserving in Grantor an easement for ingress, egress and utilities described as follows: The southerly 40.0 feet of the following described tract; that part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast corner of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel , with the Center line of the Burlington Northern Railroad main track, 77.66 feet for a point of beginning; thence westerly parallel with said center line, 104.66 feet to the East line of Mill Street; thence northerly along said East line; 133.48 feet to a point which is 63.0 feet southerly of said center line; thence easterly parallel with said railroad center line, 103.50 feet; thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. PARCEL TWO: �a7. t part of said North West fractional quarter described as follows: CYmiwnc- , ' iahgat a point on the East line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track; thence Southerly along said East line, 75.90 feet; thence Easterly parallel with the North line - [of Van Fmnn Street, 247.50 feet;. thence Northerly parallel with said East line, 28.21 feet to the Northerly line of a. tract of land conveyed to Bubb (Container Corporation by a warranty deed recorded September 0, 1972 as Doch- Iaent 724201 extended Westerly; thence Easterly along said extended Northerly. '.line and said Northerly line, which Loins an angle of 90 degrees, 29 minutes, . 59 seconds with the last described course, measured counter clockwise there- =AMfrcm, fox the point of begiruiing;. thenoe hhsterly along the last 149:'0 feat; thence. Northerly parallel with said East line of Rift Street, 56.22 feet'to a point which is 10.0 feet, normally distant, outherly.,of. side. track number 2 of the Burlington Northern Railroad; thence: Easterly along aline which if extended 210,89 feet would terminate at a point ,30.0: normally distant, Southerly of the center line of the main track of „ ,raid•railroad; 150.55 feet to a line'drawn'Northerly, parallel with said East '. line of Mill Street fr�n the point of begiruting; thence outherly along said parallel line 76.52 feet to the point of beginning, in the United City of the Village of Yorkville, Kendall County, Illinois. ' EXHIBIT B R 4 [• A c c A F � w A w. r O 00000 M 3 9 xmxu susn® v a z ` R A rz Ocl 0 � x.sxR i6 A ��y/�� W&OL H l0 m w R x39918 IUYn'6 'xBOMY mr �p (� p� °P. .LS HLY1g 8 'xS nYQy � RAC ...... A NVM CG 8 xxo S R N N R N N R O W., 0 C/p� Reviewed By: Agenda Item Number J g' Legal ❑ Mayor 93 AM l!isn Finance ❑ EST. 1636 Engineer ❑ Tracking Number O ®; City Administrator El °a �O Consultant ❑ COW 2007-35 CE Agenda Item Summary Memo Title: Montgomery Boundary Agreement Meeting and Date: City Council — December 18, 2007 Synopsis : Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes : See attached memo. ler'D C/r` O Memorandum EST. 1836 To: Elected Officials .4 �� Blom: Brendan McLaughlin, City Administrator O ®L[ 6 Date: December 14, 2007 ""i w<`r y 0 Subject: Status Update — Montgomery Boundary Agreement CE At the November 2781 City Council Meeting, the City Council directed staff to contact the property owners that were between Yorkville and Montgomery to get their input regarding the boundary agreement. To date, I have only been able to discuss the matter with three of the property owners (Peters, Hanuuan and Slattery) There are two more large property owners that I would like to speak with (Kattos and Kahter) Once I have spoken to all the property owners, I will prepare a su nmary report for the City Council agenda.. It is requested that this item be tabled to the January 881 City Council meeting. Agenda Item Number City Admin. #I Tracking Number COW 2007-47 This page serves as a placeholder for the draft document Meeting Structure and Schedule for 2008, which was included in the December 18, 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 \CEO CITY 2 , O EST <CE Py Agenda Item Number PW#1 Tracking Number PW 2007-182 This page serves as a placeholder for the draft document Well No. 4 Rehabilitation Contract, which was included in the December 18, 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 z . o BT I 1636 yCIE `VV Agenda Item Number PW#2 Tracking Number PW 2007-193 This page serves as a placeholder for the draft document In-Town Road Program — Roadway Change Order #3, which was included in the December 18, 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 i 0 Agenda Item Number PS#1 Tracking Number PS 2007-34 This page serves as a placeholder for the draft document Ordinance Approving the On-Street Parking Ban for Somonauk St. LRt. 47 — Colton), which was included in the December 18, 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 C12, o rsJ, �ivas CCE Vy Agenda Item Number ADM#1 Tracking Number ADM 2007-113 This page serves as a placeholder for the draft document Sungower Estates SSA 2006-119 Abatement Ordinance, which was included in the December 18, 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/ o�gs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `�gD CITY J2 O � . esr 7CGE ��2 Agenda Item Number ADM#2 Tracking Number ADM 2007-123 This page serves as a placeholder for the draft document Ordinance for the Levy and Assessment of Taxes for FY 2008-2009, which was included in the December 18, 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://wwwyourkville.il.us/ og v mtgs minutes.cfm \CEO cirr Es*. h<LE' >•