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City Council Packet 2007 06-26-07 United City of Yorkville 800 Game Farm Road EST. \ 1836 Yorkville, Illinois 60560 ® , ~\ w Telephone: 630-553 -4350 9 Ka, I „"y 46 Fax: 630-553 -7575 <LE evv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, June 26, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD W Jason Leslie Gary Golinski Marty Munn 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: Committee of the Whole 7:00 p.m., Tuesday, July 17, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, July 17, 2007 City Hall Conference Room Administration Committee Meetine: Committee of the Whole 7:00 p.m., Tuesday, July 3, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, July 3, 2007 City Hall Conference Room City Council Meeting Agenda June 26, 2007 Page 2 Presentations: None --------------------------------------------- _--------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------- Public Hearings: None Citizen Comments: Consent Agenda: 1 . EDC 2007-22 Ordinance Approving Minor Change to Yorkville Market Square Planned Unit Development Agreement - authorize Mayor and City Clerk to execute 2. PW 2007-85 Raymond Storm Sewer Outfall — Change Order #4 - authorize increase in an amount not to exceed $2, 055. 95 and authorize Mayor to execute 3 . PW 2007-86 In-Town Road Program (Phase 2 Utilities) — Change Order #1 - authorize increase in an amount not to exceed $37, 122. 73 and authorize Mayor and City Clerk to execute 4. PW 2007-87 Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements - authorize Mayor to execute 5. PW 2007-89 Rush-Copley Temporary Stormwater Management Easement Agreement - authorize Mayor and City Clerk to execute 6. PW 2007-90 Raging Waves Letter of Credit Release - authorize release of the Valley Community Bank Letter of Credit #14368 in the amount of$551, 106. 09 7. PW 2007-91 Fox Hill Unit 7 — Letter of Credit Reduction #3 - authorize reduction in an amount not to exceed $15, 458. 21, subject to legal and staffapproval 8. PW 2007-92 Grande Reserve Unit 19 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by September 7, 2007 9. PW 2007-93 Gawne Lane Watermain and Roadway Improvements — Bid Results - award to Bish Excavating Company in an amount not to exceed $253,220.50 10. PKBD 2007-15 Moser Property Service Extension with Corlands - authorize one year service extension in an amount not to exceed $10, 000 as presented 11 . COW 2007-06 Kendall County Paratransit Service a. Letter of Commitment - authorize Mayor to execute, subject to staff review b. Resolution Approving Local Match Dollars for Grant Application for the Kendall Community Transit Project - authorize City Clerk to execute, subject to staff review 12. COW 2007-07 Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 (Kendall Marketplace) - authorize Mayor and City Clerk to execute 13 . COW 2007-08 Ordinance Declaring Compliance with Illinois Prevailing Wage Act - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: City Council Meeting Agenda June 26, 2007 Page 3 Minutes for Approval (Corrections and Additions): Minutes of City Council — May 22, 2007 and June, 12, 2007 Minutes of Committee of the Whole — May 15, 2007 and June 5, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 575, 138.52 (vendors — FY 07/08) $ 254,961 .59 (payroll period ending 6/9/07) $ 830, 100. 11 (total) Reports: Mayor's Report: 1 . Appointments to Boards and Commissions City Council Report: 1 . COW 2007-04 Amended and Restated Governing Ordinance City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . PW 2007-88 US 34 & Sycamore Road Traffic Signal a. Smith Engineering Consultants Design Engineering Agreement b. MFT Appropriation Resolution Economic Development Committee Report: 1 . PC 2007- 17 Wynstone Townhomes Restated and Amended Annexation Agreement a. Ordinance Authorizing the Execution City Council Meeting Agenda June 26, 2007 Page 4 Economic Development Committee Report (con't): 2. PC 2007-13 Ordinance Approving Variance for Signage for the Yorkville Congregational Church Located at 409 Center Parkway 3 . PC 2007-18 Ordinance Approving Variance for Signage for the Saratoga Homes Property Located at 3600 N. Bridge Street Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . No Report Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES --------------------------------------- 1PUBLIC WORM ------------------------------------------------------------------------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderwoman Sutcliff Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderman Plocher ;ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Committee: 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. Committee: Alderman Werderich Schools School District Committee: Alderwoman Sutcliff Public Relations KenCom Committee: Alderman Plocher City Council Meeting Agenda June 26, 2007 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ------------ ADMINISTRATION -------------------------- - - Committee Deuartments Liaisons Chairman: Alderman Munns Finance Metra Committee: Alderman Golinski Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Werderich AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, June 26, 2007 PRESENTATIONS: 1 . None PUBLIC HEARINGS: 1 . None CITIZEN COMMENTS: CONSENT AGENDA: 1 . EDC 2007-22 Ordinance Approving Minor Change to Yorkville Market Square PUD Agreement 2. PW 2007-85 Raymond Storm Sewer Outfall — Change Order #4 3. PW 2007-86 In-Town Road Program (Phase 2 Utilities) — Change Order #1 4. PW 2007-87 Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements 5. PW 2007-89 Rush-Copley Temporary Stormwater Management Easement Agreement 6. PW 2007-90 Raging Waves Letter of Credit Release 7. PW 2007-91 Fox Hill Unit 7 — Letter of Credit Reduction 43 8. PW 2007-92 Grande Reserve Unit 19 — Letter of Credit Expiration 9. PW 2007-93 Gawne Lane Watermain and Roadway Improvements — Bid Results 10. PKBD 2007-15 Moser Property Service Extension with Corlands 11 . COW 2007-06 Kendall County Paratransit Service a. Letter of Commitment b. Resolution Approving Local Match Dollars for Grant Application for the Kendall Community Transit Project 12. COW 2007-07 Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 (Kendall Marketplace) 13 . COW 2007-08 Ordinance Declaring Compliance with Illinois Prevailing Wage Act Minutes for Approval (Corrections and Additions): Minutes of City Council: May 22, 2007 and June 12, 2007 Minutes of Committee of the Whole: May 15, 2007 and June 5, 2007 Bill Payments for approval: $ 575, 138.52 (vendors — FY 07/08) $ 254,961 .59 (payroll period ending 6/9/07) $ 830, 100. 11 (total) REPORTS : Mayor's Report: 1 . Appointments to Boards and Commissions City Council Report: 1 . COW 2007-04 Amended and Restated Governing Ordinance COMMITTEE REPORTS: Public Works Committee: 1 . PW 2007-88 US 34 & Sycamore Road Traffic Signal a. Smith Engineering Consultants Design Engineering Agreement b. MFT Appropriation Resolution Economic Development Committee: 1 . PC 2007-17 Wynstone Townhomes Restated and Amended Annexation Agreement a. Ordinance Authorizing the Execution 2. PC 2007-13 Ordinance Approving Variance for Signage for the Yorkville Congregational Church Located at 409 Center Parkway 3 . PC 2007- 18 Ordinance Approving Variance for Signage for the Saratoga Homes Property Located at 3600 N. Bridge Street Public Safety Committee: 1 . No Report Administration Committee: 1 . No Report Additional Business �r'R COp Reviewed By: Agenda Item Number El Legal Finance ❑ ESi '---- 1636 Engineer F-1 h:=r g City Administrator F1 Tracking Number =�^a� O Consultant ❑ EHuman Resources ❑ C _i ( -_ [ , City Council Agenda Item Summary Memo Title: Yorkville Market Square (Progress Holdings, LLC) PUD Agreement Amendment City Council/COW Agenda Date: JUNE 26,2007 Synopsis: Request to amend a setback on Lot 3 of Yorkville Market Square from 20 feet to 15 feet. This amendment requires amending the current PUD Agreement(approved March 2004) Council Action Previously Taken: Date of Action: February 27, 2007 Action Taken: Approval of Final Plat of Subdivision Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Minor Change to PUD Agreement allowing a 15' building setback on Lot 3 (south lot boundary) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE APPROVING MINOR CHANGE TO YORKVILLE MARKET SQUARE PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, on March 4, 2004, pursuant to notice and hearing, and in accordance with the provisions and requirements of Title 10 (Zoning), Chapter 13 (Planned Unit Developments) of the United City of Yorkville City Code and other applicable state and local laws, Progress Holdings, LLC ("OWNER/DEVELOPER") and the corporate authorities of the United City of Yorkville ("CITY") approved and entered into the Market Square Planned Unit Development Agreement (the "PUD Agreement"), and the CITY adopted Ordinance No. 2004-16 approving the Market Square Planned Unit Development ("PUD") WHEREAS, on February 27, 2007, in accordance with the requirements of the Subdivision Control Ordinance, the CITY approved the Final Plat for Yorkville Market Square, a three (3) lot subdivision; and WHEREAS, the OWNER/DEVELOPER of the Market Square PUD has petitioned the CITY for approval of a change to the plan and plat of the PUD so as to reduce a required setback on Lot 3 from twenty (20) feet to fifteen (15) feet, as set forth in Exhibit "A" hereto; and WHEREAS, Section 4.B.(ii) of the PUD Agreement provides that minor changes to the PUD may be processed without Plan Commission Review or public hearing; and WHEREAS, upon review and consideration of the OWNER/DEVELOPER' S requested change to the PUD plan and plat, the CITY has determined that said change would not alter the concept or intent of the PUD, or the governing purposes of planned unit developments as set forth in Section 10- 13-1 of the City Code, and would constitute a "minor" change to the PUD, as defined in Section 4.A.(ii) of the PUD Agreement; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, as follows: 1 . That a minor change to the Yorkville Market Square Planned Unit Development and the PUD plan and plat, as set forth in Exhibit "A" hereto is hereby approved. 2. This Ordinance shall become effective upon its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER 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 EXHIBIT cW Market Square LOT 3 PUD Final Plat ^ � , ins; Han LU LU fps ' Agenda Item Number CA#2 Tracking Number PW 2007-85 This page serves as a placeholder for the draft document Raymond Storm Sewer Outfall — Change Order #4, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 LSD cl_T o EST., 4 tl� 1835 tE Agenda Item Number CA#3 Tracking Number PW 2007-86 This page serves as a placeholder for the draft document In-Town Road Promram (Phase 2 Utilities) — Chanize Order W, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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://wwwyorkville.il.us/ og v mtgs minutes.cfm `,CEO cirr EST. , � 1936 Agenda Item Number CA#4 Tracking Number PW 2007-87 This page serves as a placeholder for the draft document Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 ,"0 COr - EST. , 4 1836 0 �,: y =O LE `vim Reviewed By: Agenda Item Number ® Legal ■ Finance ❑ EST. \:I'-� _1836 Engineer ■ g City Administrator F-1 Tracking Number 0 IEII gi z° O Consultant ❑ Human Resources ❑ w x�� — �� City Council Agenda Item Summary Memo Title: Rush-Copley Temporary Easement Agreement City Council/COW Agenda Date: JUNE 26,2007 Synopsis: Easement Agreement for a temporary stormwater management area on the Rush- Copley property Council Action Previously Taken: Date of Action: May 22, 2007 Action Taken: Approval of Final Plan and Plat Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this _day of 2007, by and between Copley Ventures Inc, an Illinois corporation, (hereinafter referred to as "Grantor"), and The United City of Yorkville., an Illinois municipal corporation (hereinafter referred to as "Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party" and collectively referred to as "Parties" herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof which is located south of Veteran' s Parkway and west of the proposed Beecher Road in Yorkville Illinois, hereinafter referred to as "Subject Property"; and WHEREAS, Grantor intends to develop the Subject Property as a medical healthcare campus in several phases of construction beginning with a medical office building to be constructed as the first phase of development which shall be located just south of Veteran's Parkway; and WHEREAS, Grantor intends to provide all required storm water management for the first phase of construction within an on-site storm water basin as depicted in Exhibit `B" attached hereto and incorporated herein; and WHEREAS, said storm water detention basin will not be equipped with a storm water outfall pipe during the first phase of construction on the Subject Property; and WHEREAS, when Grantor undertakes the second phase of construction on the Subject Property which is intended to include a hospital facility, Grantor shall ensure that the on-site detention basin and/or basins located on the Subject Property are equipped with a storm sewer outfall pipe; and 1 43376/4 WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a storm sewer outfall pipe a 100 year rainfall event may occur which causes an overflow of water from the on-site detention basin into other area of the Subject Property. WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the grantee with the ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm water management facility and interim high water level areas on an emergency basis. NOW, THEREFORE, in consideration of ten ($ 10.00) dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreements, covenants and restrictions are made: 1 . Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. 2. Grant of Easements. Grantor hereby grants to Grantee, and to Grantee's successors and assigns, a temporary, non-exclusive easement over and across the portion of the Subject Property depicted in Exhibit `B" attached hereto and made a part hereof (hereinafter referred to as the `Basement Area"), consistent with and for the purposes set forth in the terms of this Agreement; and a temporary, non-exclusive access easement over the entire Subject Property. The Easements granted herein shall automatically terminate upon the Grantee' s issuance of a grading permit for phase II development of the Subject Property; and 3. Purposes of the Easements. The purposes of the easements granted herein are: a. The temporary, non-exclusive easement over the Easement Area is for the temporary right, privilege and authority, but not the obligation, to survey and inspect, and construct, reconstruct, repair and maintain, but only in cases of emergency, the storm water management area which is depicted as the "Interim High Water Level" (hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit "B", together with any and all manholes catch basins, sanitary sewers, water mains, electric and communication cables, connections, ditches, swales, and other structures and appurtenances as may be deemed necessary by Grantee. The right is also granted to cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. b. The temporary, non-exclusive access easement over the entire Subject Property is for the right of access across the Subject Property in the event of an emergency, together with necessary equipment, to do any of the work or perform any of the easement rights described in paragraph 3 .a. above. Grantor shall remain primarily responsible for the operation, maintenance, and repair of the storm water management area and appurtenances. Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. 2 43378/4 4. Grantor Restrictions. During the term of this Agreement, Grantor shall not: a. place any permanent buildings on the Easement Area; or b. change the topography or storm water management structures within the Easement Area prior to Grantee's approval of Grantor's Phase II grading plans. Notwithstanding the foregoing, the storm water management structures within the Easement Area may be used for purposes that do not then or later interfere with the Grantee's rights herein. 5 . Conduct and Coordination of Maintenance, Repair and Replacement. All entries by Grantee upon the Easement Area shall be done in a manner to so as to minimize impact upon the activities of the Grantor. However, any damage to the Subject Property caused as a result of Grantee's activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. 6. Grantee's Costs. In the event of an emergency effecting properties adjacent to the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of verification by Grantee, immediately reimburse Grantee for any and all costs and charges associated therewith. In the event of a failure by Grantor to maintain and repair the Easement Area and the improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall notify Grantor in writing of such failure. If Grantor fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Grantor fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option, perform the obligation which Grantor has failed to properly perform hereunder and Grantor shall, upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes any of Grantor's obligations pursuant to this paragraph, Grantee shall be entitled to recover from Grantor, upon request, the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Insurance. Grantor shall obtain a casualty insurance policy covering all of the Subject Property, and throughout the term of this Easement Agreement, and Grantor shall procure and maintain a policy of commercial general liability insurance and deliver a certificate evidencing same to Grantee, its officers, agents and employees, covering occurrences on or about Subject Property, in the amount of not less than $2,000,000 combined single limit, in respect of loss or damage to property, or injury to or death of any person, a contractual coverage endorsement insuring the Grantor's obligations provided for in this Easement Agreement and any and all insurance coverage of such types and of such limits as required under applicable 3 43378/4 laws. Such insurance shall be at the sole cost and expense of Grantor, and shall be with carriers acceptable to the Grantee. Grantee, together with its officers, agents and employees, shall be named as additional insured parties on this insurance policy. All such insurance policies shall provide that they may not be canceled or altered without at least thirty (30) days prior written notice to Grantee. 8. Covenants Running with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9. Transfer of Ownership. Whenever a transfer of ownership of the real estate, or a part thereof, legally described in Exhibits A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 10. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 11 . Jurisdiction and Venue. The parties hereby agree that the proper venue for any actions pursuant to his Agreement, brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to the jurisdiction of said Court and hereby consent to its jurisdiction. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 4 43378/4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. GRANTEE: GRANTOR: UNITED CITY OF YORKVILLE, COPLEY VENTURES I LLC, An Illinois An Illinois Municipal Corporation. Corporation. By: BY: Mayor It's Manager By: City Clerk STATE OF ILLINOIS ) STATE OF ILLINOIS ) ) SS. ) SS. COUNTY OF ) COUNTY OF ) I, the undersigned, a Notary Public in and for I, the undersigned, a Notary Public in and for said said County, in the State aforesaid, DO County, in the State aforesaid, DO HEREBY HEREBY CERTIFY, that CERTIFY, that personally personally known to me to be the Mayor of The United City known to me to be the President of Copley of Yorkville, an Illinois municipal corporation, Ventures, Inc, an Illinois corporation, and and personally known to me to be the City Clerk of personally known to me to be the Secretary of said municipal corporation, and personally said corporation, and personally known to me to known to me to be the same persons whose be the same persons whose names are subscribed names are subscribed to the foregoing instrument to the foregoing instrument appeared before me appeared before me this day in person and this day in person and severally acknowledged severally acknowledged that as such Mayor and that as such President and Secretary, they signed City Clerk, they signed and delivered the said and delivered the said instrument as President instrument as such Mayor and City Clerk of said and Secretary of said corporation and they caused municipal corporation and they caused the the corporated seal of said corporation, as their corpomted seal of said municipal corporation, as own free and voluntary act, and as the free and their own free and voluntary act, and as the free voluntary act of said corporation, for the uses and voluntary act of said municipal corporation, and purposes therein set forth. for the uses and purposes therein set forth. Given under my hand and official seal this Given under my hand and official seal this day of 52007. day of , 2007. Notary Public Notary Public 5 43376/4 LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit 6 43376/4 EXHIBIT A THAT PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES, 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1431.68 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES DO SECONDS WEST, 1327. 15 FEET, TO THE WEST LINE OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE NORTH 01 DEGREES13 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE, 1569.79 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 1331.85 FEET TO THE POINT OF BEGINNING, ALL IN BRISTOL TOWNSHIP, ICENDALL COUNTY, ILLINOIS; EXCEPTING THERE FROM A SQUARE SHAPED PARCEL COMPRISED OF %00D SQUARE FEET AT THE NORTHWEST CORNER OF THE ABOVE-DESCRIBED REAL ESTATE- SCALE: 1" =150' High Water Level ) Exhibit B N � h I . I I 1 • � _ _ Km lit of $ I '1 1 `•' a n1 PF fit J. \\ \ ll)I 1a1/ It i� \; '� if n 1�1i I I 1 \ \\ iii'i1111�i I / _ �� ••l 11 INTERIM HWL—j11 / iii afa ,li 1 if �' , Ir 632.90 �i Q i ' S1�$i rl Fill \\ `\ 1 , /i„ 4 11 6111 N 14611 1 I 1 ) I 7' UF�ItERUSHC�7PE SITE s% N y44 rr1 i 1 1' 1 i[Fill t jVh il l I NoIlkill It011it If n� / " / ' '✓ 111/1111 1i51' ly lllltlee � I 111 it It IIIII I� \` 11 1a It `�� . n illlEE � '6110 ' it 11111;13fi ese��\I I IF ------ PREPARED BY: i g . CEMCON , Ltd . Consulting Engineers. Land Surveyors & Planners ee{ 2280 White Oak Circle, Suite 100 Aurora, Illinois 60502-9675 i PH: 630.862.210D FAX: 630.662.2199 E—Mail: cadd®cemcon.com Website: www.cemcon.com DISC N0: R\903667 RILE NAME: EXHIBIT HWL DRAWN BY: MCM FLO. SK. / PC. NO.: NA COMPLETION DATE: 05-23-07 JOB NO.: 903.667 Copyright @2007 Cemcon. Ltd. All rights reserved. Agenda Item Number CA#6 Tracking Number PW 2007-90 This page serves as a placeholder for the draft document Raminm Waves Letter of Credit Release, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 cli 2 O EST <LE 1V\ Agenda Item Number CA#7 Tracking Number PW 2007-91 This page serves as a placeholder for the draft document Fox Hill Unit 7 — Letter of Credit Reduction #1 which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ ov�mt-sgagendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o� v mtgs minutes.cfm .��0 C/;� 2 o EST.',I 836 Agenda Item Number CA#8 Tracking Number PW 2007-92 This page serves as a placeholder for the draft document Grande Reserve Unit 19 — Letter of Credit Expiration, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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, hqp://www.yorkville.il.us/gov mtgs minutes.cfm `CEO C/). _ o EST. _ 1036 O � <CE \\y Agenda Item Number CA#9 Tracking Number PW 2007-93 This page serves as a placeholder for the draft document Gawne Lane Watermain and Roadway Improvements — Bid Results, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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/ og v mtgs minutes.cfm ♦��o cl;r 2 0 EST`>, Y �836 ((E \yY Agenda Item Number CA#10 Tracking Number PKBD 2007-15 This page serves as a placeholder for the draft document Moser Property Service Extension with Corlands, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 Cl;, �2 o EST. ,9 1836 L ]I <LE ��Y� Agenda Item Number CAM Tracking Number COW 2007-06 This page serves as a placeholder for the draft document Kendall County Paratransit Service; a. Letter of Commitment, b. Resolution Approving Local Match Dollars, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm '�♦ 6 O a Ji EST ,. 1836 <LE \v♦' Agenda Item Number CA#12 Tracking Number COW 2007-07 This page serves as a placeholder for the draft document Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 (Kendall Marketplace), which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 02 p EST. , P � 1836 0 Agenda Item Number CA#13 Tracking Number COW 2007-08 This page serves as a placeholder for the draft document Ordinance Declarinz Compliance with Illinois Prevailing Waze Act, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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 2�,��e.D C/Ty r. p EST , 1836 CCE `Vv MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN ffis HELD IN THE CTTY COUNCIL CHAMBERS, 800 GAMF FARM ROAD ON DRAFT Mayor Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward I Leslie Present Werderich Present Ward 11 Golinski Present Plocher Present Ward III Munns Present Sutcliff Present (arrived after roll call) Ward IV Besco Present Spears Present Also present: Deputy Clerk Pickering, Interim City Attorney Roth, Interim City Administrator Crois, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot, Human Resource Manager Kasper and Public Relations Officer Spies. UO ORUM A quorum was established. EXECUTIVE SESSION Mayor Hurd asked Attorney Roth if he had a suggested motion. Attorney Roth indicated that a motion would be in order to recess to Executive Session for the discussion of matters of probable or imminent litigation and the terms and conditions of specific employees. So moved by Alderman Besco; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-1 Leslie-aye, Mums-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-nay Alderman Golinski stated that the Opening Meetings Act calls for the discussion of pending or imminent litigation. He asked if imminent litigation was going to be discussed. Attorney Roth stated that probable or imminent litigation was to be discussed. Mayor Burd noted that there would be action taken after the session. The Council adjourned into Executive Session at 7:06 p.m. The City Council returned to regular session at 8:05 p.m. INTRODUCTION OF GUESTS Mayor Hurd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd asked for a motion to table Public Works Committee Item #1 - Sunny Valley Farm — Route 126 Drainage Issue to June 12, 2007. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a viva voce vote. Ayes-8 Nays-0 Alderman Spears asked to move Item 46 - Rob Roy Creek Interceptor (North Branch #1) - Change Order #2 to the Public Works Committee Report for further discussion. COMMTTTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, June 19, 2007 City of Yorkville Conference Room The Minutes of the Regular Meeting of the City Council — May 22, 2007 — page 2 Economic Development Committee Committee of the Whole 7:00 P.M, Tuesday, June 19, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M, Tuesday, June 5, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M, Tuesday, June 5, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS SB & WD, LLC SB & WD, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from the United City of Yorkville R-3 to United City of Yorkville PUD zoning to allow uses permitted in the R-3 zoning classification, an amendment to the original annexation Agreement and for hearing as to the Concept PUD plan, Preliminary PUD plan and amended Annexation Agreement of the petitioner. The real property consists of - approximately 9.69 acres located south of the southeast corner of Route 47 mid Route 71, Yorkville, Illinois. Please see attached Report of Proceedings by 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 Golinski. Motion approved by a viva voce vote. Ayes-8 Nays-0 Donald Hamman & Carol Hammon Donald Hamman & Carol Hamman, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the PUD Agreement (Ordinance 2000-34). The real property consists of approximately 127.56 acres, generally located 70 acre vacant part of Hamman PUD described in Ordinance 2000-34 easterly of Yorkville Crossings Unit One (common address 8823 Route 34 in Yorkville) mid 57.57 acres north of Crimson Lane and east of Prairie Point development. Please see attached Report of Proceedings by 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 Mumrs; seconded by Alderman Golinski. Motion approved by a viva voce vote. Ayes-7 Nays-1 (Spears) CITIZEN COMMENTS Carlo Colosimo, resident, thanked Alderman Spears for bringing up the subject of too many townhomes in Yorkville. He asked why Item #14 - Intergovernmental Cooperative Agreement of the Yorkville Community Unit School District #115 and the City on the Consent Agenda was not in the City Council packets posted on the City's website. He indicated that be had an issue with the agreement regarding the School District being allowed to expend City funds that he wished to comment on but it was not available for review. Mayor Burd responded that the agreement was on the website in the Committee of the Whole packet. Mr. Colosimo stated that residents should not have to be responsible to review all the information on the website. Mayor Burd and Deputy Clerk Pickering explained that if there are no changes made after a COW meeting, the document is not recopied. This is done in an effort to same paper and time. Mayor Burd asked that in the future there be a notation made in the packet that the information can be found in an earlier packet so that residents can find it. Dan Nicholson commented on the Hamman public hearing and the reduction of the lake site and elimination of the beach. He asked the developer to retain these ideas. Tom Gilmour informed the City Council that his father was almost killed last year by a truck driver transporting sand from Hamman's property to a location on Route 71 . The Minutes of the Regular Meeting of the City Council — May 22, 2007 — oage 3 Fred DuSell asked that a dog park not be considered for the Hamman development. CONSENT AGENDA Mayor Burd asked if anyone would like to amend the Consent Agenda by removing Item #14 - Intergovemmental Cooperative Agreement of the Yorkville Community Unit School District #115 and the City. A motion was made by Alderman Spears requesting that the item be removed and placed on the agenda of the next City Council meeting; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-6 Nays-2 Leslie-aye, Munns-nay, Plocher-aye, Spears-aye, Suteliff-aye, Werderich-aye, Besco-aye, Golinski-nay 1 . Resolution 2007-30 - Approving the Final Plat of Subdivision for Kleinwachter Subdivision - authorize the Mayor and City Clerk to execute, subject to staffconnnents and legal review (PC 2006-95) 2. Resolution 2007-31 - Approving the Preliminary and Final Plat of Subdivision for Fountainview Subdivision - authorize the Mayor and City Clerk to execute, subject to staff comments and legal review (PC 2007-11) 3. Resolution 2007-32 - Approving the Final Plat of Subdivision for Rush-Copley Health Care Center - authorize the Mayor and City Clerk to execute, subject to staff comments and legal review (PC 2007-10) 4. Resolution 2007-33 - Transferring Jurisdictional Development Review to the City of Plano (DuPage Asphalt) - authorize the Mayor and City Clerk to execute (EDC 2007-20) 5. SCADA Project - Change Order #I — authorize increase in an amount not to exceed $18,860. 00, a time extension of 86 days and authorize Mayor to execute(PW 2007-73) 6. Resolution 2007-34 - IDOT Highway Permit and Resolution — Kleinwachter Development - authorize the Mayor and City Clerk to execute (PW 2007-75) 7. Fox Highlands - Final Acceptance & Bond/Letter of Credit Reductions 42 — accept public improvements jar ownership and maintenance with the understanding that the remaining punchlist items will be completed during the one year warranty period and approve two bond/letter of credit reductions totaling $327,061.40 (PW 2007-77) 8. Fox Hill Centre - Final Acceptance and Letter of Credit Reduction 42 — acceptpublic improvements for the ownership and maintenance, release the Letter of Credit for site development work and reduce the supplemental Letter of Credit in an amount not to exceed $45,069. 15 (PW 2007-78) 9. Game Farm Road/Somonauk Street Reconstruction (PW 2007-79) a. IDOT Funding Agreement - authorize Mayor to execute b. Engineering Services Agreement - authorize the Mayor and City Clerk to execute c. Resolution 2007-35 - MFT Appropriation Resolution - authorize City Clerk to execute 11 . SLF Yorkville — Plat of Easement - authorize the Mayor and City Clerk to execute (PW. 2007-80) 12. Fountain Village of Yorkville (Lots 4 & 5) - Plat of Easement - authorize the Mayor and City Clerk to execute (PW 2007-81) 13. In-Town Road Program (Phase 2) - Watermain Easement - authorize the Mayor and City Clerk to execute (PW 2007-82) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Leslie; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye Intergovernmental Cooperative Agreement of the Yorkville Community Unit School District #115 and the City (PKBD 2007-01) Alderman Munns questioned where Item #14 was being moved on the agenda. Mayor Burd questioned which committee generated the item. Attorney Roth indicated that the item could be discussed at this time in the meeting so Mayor Burd asked if there was any discussion on the item. Alderman Golinski commented that there was nothing in the agreement that allows the School District to expend City funds. He noted that this agreement has taken months and many meetings to develop. The Minutes of the Reeular Meeting of the City Council — May 22, 2007 — naee 4 Alderman Munns agreed with Alderman Golinski and noted that this item has been discussed at length at previous meetings and he did not feel that it should have been pulled off the Consent Agenda for further discussion. He indicated he was ready to vote on the agreement. Alderman Spears stated that the Council is trying to give the image that they are working with residents. She noted that a resident has come to the Council indicating that he was unable to review the agreement and lie should have the opportunity to review the document and make public comment on it. She did not feel there was a rush to approve the agreement. Director Mogle explained that it is critical to have this approved because it is for the shared use of park and school facilities and the Parks & Recreation Department is beginning to work on the fall programming and needs to know what facilities are available before school is out for the summer. It was noted that the current agreement expires July 1, 2007. Alderman Spears asked if delaying the approval for two weeks would put the City or Parks & Recreation Department programs in jeopardy. Director Mogle again noted that it is easier to develop the fall schedule while the school principals are available to discuss the school's schedules. Mayor Burd noted that there is nothing stopping residents from calling the City for further information. Alderman Munns agreed acid noted that there is nothing in the agreement appropriating funds. Director Mogle clarified that the agreement does not call for the exchange of funds but is an agreement for the use of facilities. A motion was made by Alderman Munns to approve Item #14 — PKBD 2007-07 as stated; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye, Spears-present, Sutcliff-aye, Werderich-aye, Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL - A motion was made by Alderman Munns to approve the minutes of the City Council meetings of April 10, 2007 and May 14, 2007; seconded by Alderman Besco. Motion approved by a viva voce vote. A motion was made by Alderman Munns to approve the minutes of the Committee of the Whole meetings of April 18, 2007 and May 1, 2007; seconded by Alderman Leslie. Alderman Spears had several corrections for the May 1, 2007 minutes: Page 1 — under the attendance - Alderman Spears — the word alderwoman should be changed to mayor pro temp Page 2 — under Administration Committee — second paragraph — the Expense Report should be changed to the Monthly Budget Report. Mayor Burd entertained a motion to approve the minutes as amended. So moved by Alderman Spews; seconded by Alderman Leslie. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated May 10, 2007 totaling the following amounts: checks in the amount of $873,052.85 (vendors — FY 06/07); $127,543.52 (vendors — FY 07/08); $217,262.00 (payroll period ending 4/28/07); $20,089.53 (payroll period ending 4/31/07); for a total of$1 ,237,947.90 (total) (Revised — see revised summary in packet); seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Mumrs-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye The Minutes of the Regular Meeting of the City Council — May 22, 2007 — pace 5 REPORTS MAYOR'S REPORT Proclamation for National Public Works Week Proclamation for Click It of Ticket Mobilization Proclamation for Relay for Life Days Mayor Burd read proclamations for the National Public Works Week (May 20 — 26, 2007), "Click It or Ticket" Safety Belt Enforcement Week (May 21 — June 3, 2007) acid Relay for Life Days (June 1 and 2, 2007). See attached proclamations. Appointments to Boards and Commissions Mayor Burd entertained a motion to reappoint Johanna Byram to the Fagade Committee. So moved by Alderman Spears; seconded by Alderman Munns. Motion approved by a viva voce vote. Mayor Burd entertained a motion to reappoint Cecelia Sanders and Thomas Zerante to the Human Resource Commission. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Mayor Burd entertained a motion to reappoint Gail Gaebler, Marilyn Vorderer and Joann Gryder to the Library Board. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. Mayor Bard entertained a motion to appoint Anne Lucietto chairman of the Plan Commission and reappoint Tom Lindblom and Clarence Holdiman to the Plan Commission. So moved by Alderman Spears; seconded by Alderman Munns. Motion approved by a viva voce vote. Mayor Burd entertained a motion to reappoint Laurence DeBord to the Police Pension Fund Board. So moved by Alderman Munns; seconded by Alderman Leslie. Motion approved by a viva voce vote. Mayor Burd entertained a motion to appoint Jeff Baker chairman acrd reappoint Mike Skinner and Dean Bromann to the Zoning Board of Appeals. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Appointment of Department Heads Mayor Hurd reported that the department heads need to be appointed by the new mayor. She asked for the approval of the following appointments: Bart Olson Interim City Administrator (until a new City Administrator is hired), Finance Director Susan Mika; Director of Public Works Eric Dhuse; Chief of Police Harold Martin; Director of Park & Recreation David Mogle; Building Inspector/Zoning Officer William Danner; City Engineer Joe Wywrot and Budget Officer Susan Mika. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Police Chief Contract Mayor Burd entertained a motion to approve the contract for the Chief of Police. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Sntcliff--aye, Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye, Spears-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. The Minutes of the Regular Meeting of the City Council — May 22, 2007 — page 6 CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Public Works Day Director Dhuse thanked the mayor for the proclamation. He noted that the department could not celebrate it this year the way they wanted however there will be a Public Works Day at Well 49 Water Treatment Plant on May 26, 2007 from 10:00 a.m. to 2:00 p.m. In-Town Road Program Director Dlmse also reported that the In-Town Road Program is ahead of schedule and the infrastructure will be finished on the east side of Route 47 by the end of the week. The roads will be paved by Aurora Blacktop in July 2007. CHIEF OF POLICE'S REPORT Crosswalk Signs Chief Martin reported on that at the request of the mayor, six caution cones and signs have been placed around the schools in crosswalks and that he is working with IDOT to get signs placed on state roads such as Route 47. He indicated that the police will be enforcing the signs and violators will be fined $75.00. Bomb Dog Chief Martin also reported on two incidents where the Police Department's bomb dog was requested. One request was from the Waukegan High School and the Waukegan Police Chief sent a thank you letter for the assistance. The other request was from the DuPage County Courthouse and the Chief Judge sent a letter of thank you for the use of the dog. Chief Martin noted that the cost of obtaining and training the dog was approximately $50,000.00 which was funded by the Bureau of Alcohol, Tobacco and Firearms (ATF). Click It or Ticket Chief Martin reminded everyone to buckle up because Yorkville will have specific officers looking for offenders. Watering Restrictions Chief Martin reported that the Police Department is working with the Public Works Department in enforcing the watering restrictions. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on events scheduled for the summer; Rolling on the River which will be held August 25, 2007 at the Hoover Outdoor Education Center which includes camping, canoeing and bicycle riding, Oktoberfest which will be sponsored by the Optimist Club, Music Under the Stars and Movie in the Park. COMMUNITY DEVELOPMENT DIRECTOR'S REPOR Director Miller reported that at the next Economic Development Committee meeting there will be a short presentation given by Greg Weber on the new component to the City website, yorkvilleGIS.com. COMMUNITY RELATIONS MANAGER'S REPORT Garbage Rate Increase Ms. Spies reported that letters will be sent to residents on June 11, 2007 regarding the rate increase for garbage disposal. - Waubonsce Community College Ms. Spies reported that she was contacted by Waubonsee Community College who is looking for representatives from every community. She asked if any Council members were interested and Alderman Werderich volunteered. 50a Anniversary Celebration Ms. Spies reported that there would be a special Music Under the Stars on June 27, 2007 for the 50"' Anniversary celebration as well as an ice cream social on July 4, 2007. She stated that there are about 100 time capsule envelopes still available at City Hall. Newsletters and Website Profiles Ms. Spies indicated that she will be working on updating profiles for the newsletter and website. Mayor Hurd encouraged the aldermen to get involved in the 50" Anniversary and she thanked Ms. Spies for her hard work on events. The Minutes of the Regular Meeting of the City Council — May 22, 2007 — page 7 COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Rob Roy Creek Interceptor (North Branch #1) Change Order #2 (PW 2007-74) A motion was made by Alderman Basco to approve a Change Order for the Rob Roy Creek Interceptor (North Branch #1) - Change Order 42 mid authorize increase in an amount not to exceed $20,380.00 and authorize Mayor to execute; seconded by Alderman Mums. Alderman Spears stated that this item was to return to the City Council without payment for crop damage however there is not an updated copy. City Engineer Wywrot noted that there was a memo from Attorney Roth regarding the crop damage. Attorney Roth stated that it was a short memo which analyzed slid reported that the motion as presented was appropriate and that it was appropriate to include the crop damage under this change order. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff--aye, Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye, Mumps-aye, Plocher-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007-42 Castle Bank Trust #2508 Annexation Authorizing the Execution (EDC 2006-97) A motion was made by Alderman Leslie to approve an ordinance authorizing the execution of an Annexation Agreement with Castle Bank Trust #2508 as presented; seconded by Alderman Spears. Director Miller gave a brief overview of the Annexation Agreement and indicated that the intended use of the property is for an assisted living facility. Motion approved by a roll call vote. Ayes-9 Nays-0 Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Burd-aye Ordinance 2007-43 Castle Bank Trust #2508 - Annexing (EDC 2006-97) A motion was made by Alderman Leslie to approve an ordinance annexing the Castle Bank Trust #2508 property to the United City of Yorkville as presented; seconded by Alderman Moons. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye, Werderich-aye, Mums-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye Ordinance 2007-44 Castle Bank Trust #2508 - Rezoning (EDC 2006-97) A motion was made by Alderman Leslie to approve an ordinance rezoning the Castle Bank Trust 42508 property in furtherance of the Annexation Agreement to the United City of Yorkville as presented; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye, Golinski-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — May 22, 2007 — page 8 ADDITIONAL BUSINESS Meeting Structure Alderman Leslie commented on a discussion that was held at the Committee of the Whole meeting on May 15, 2007 regarding the restructuring of committee and the timing for the meeting. He expressed his concern with the ability to cover the meetings running concurrently. Monty Charges for Smaller Garbage Cans Alderman Spears indicated that at the last meeting, Mr. Olson indicated that he was going to check on monthly charges for smaller garbage cans. She asked if he had the opportunity to do this. Mr. Olson indicated that he did not. Compost Site Report Alderman Spears questioned if Code Official Bill Dettmer had prepared a report on the compost site. Administrator Crois stated that it was prepared however Mr. Dettmer did not give him a copy before he left last week. Mayor Burd added that she spoke with the Assistant Code Enforcement Officer who said he goes out on Monday, Wednesday and Friday to check on the operation and that he immediately responds to any calls of complaint. There was a discussion regarding the inspections. The Council requested a weekly report that included information on what is checked and what the findings are. Mayor Burd noted that adjacent to this property is an IDOT site where they dump road kill and this contributes to the odor. She stated that this was discussed with IDOT and they are taking steps to remedy it. Administrator Crois added that IDOT was dumping the carcasses there without burying them or treating them with lime. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Spears; seconded by Alderman Mums. Motion approved by a viva voce vote. Meeting adjourned at 10:05 P.M. Minutes submitted by: Lisa Pickering, Deputy City Clerk City of Yorkville, Illinois UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE CITY COUNCIL { REPORT OF PROCEEDINGS taken on May 22 , 2007 , at the hour of 7 : 00 p . m . , before Lynette J . Neal , C . S . R . , at Yorkville City Hall , Yorkville , Illinois . s ( W F A 4 D- 820907 ( DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 2 Page 4 1 PRESENT: 1 loudly. I'm not sure if this is on or not. Rich 2 MAYOR VALERIE BURR, Chairman, 2 Guerard, from Wyndham Deerpoint. I'm one of the 3 MR. GARY GOLINSKI, Alderman, 3 partners and one of the owners of the proposed 4 MR. WALLY WERDERICH, Alderman, 4 project. I'll give a brief quick history. This 5 MR. JOSEPH PLOCHER, Alderman, 5 property, you will see that it was part of a 6 MR. MARTY MUNNS, Alderman, 6 parcel of property that goes like this that was 7 MS. ROSE SPEARS, Alderman, 8 MR JOSEPH BESCO, Alderman, 7 annexed into the City in 2000. 9 MR. JASON LESLIE, Alderman 8 When it came in, this part was 10 MS. ROBYN SUTCLIFF, Alderman. 9 annexed B-3 business and the portion we are 11 10 talking about tonight was brought in as R-3 for ALSO PRESENT: 11 townhomes. And what we are asking for tonight is 12 12 an R-3 townhome zoning on the property and a PUD. MR. MICHAEL ROTH, City Attorney. 13 In 2003 we came to the City with 13 14 this project first. We are going through the 14 15 process we went through, the concept process. A 15 16 concept plan was approved in 2004 through Wyndham 16 17 in 2005. It was substantially like this plan. 17 18 The main difference between that plan was the same 18 19 amount of units and this has to do with the 19 20 entryway. When we are going through the s 2 21 preliminary plat process in 2005, we did not have 22 22 this connection that now goes through Route 47. 23 23 We are proposing a connection to the north, 24 24 through the subdivision to the north, which is an Ii Page 3 Page 5 �°: 1 MAYOR BURR: All right. Tonight we have 1 existing Kendall County subdivision to the City r 2 no presentations. Mr. Roth, will we need a motion 2 and a connection to the townhome project to the 3 to open the public hearing? 3 east. And this currently is a built connection to 4 MR. ROTH: No. The matter is on the 4 this property line. These are private roads on j 5 agenda, has been set for this time, and it can be 5 that subdivision. 6 declared open. A motion should be in order to 6 And when we got through before the 7 close it at the end of the public hearing though. 7 Council on a preliminary plan process, it was 8 MAYOR BURR: All right. Then we will go 8 determined that the Council really felt that this 9 into public hearing on SB & WD, LLC petitioner who 9 needed an access to Route 47, that that was a more 10 has filed an application with the United City of 10 appropriate entrance. That's where I have been j 11 Yorkville, Kendall County, Illinois, requesting 11 for the last two years, basically working on that. 12 rezoning from the United City of Yorkville R-3 to 12 We have an agreement for the i 13 United City of Yorkville PUD zoning to allow uses 13 right-of-way with this commercial owner, and then i 14 permitted in the R-3 zoning classification, an 14 we had to work with IDOT with this connection on 15 amendment to the original annexation agreement, 15 Route 47. And where we are now is it is going -- a 16 and for hearing as to the concept PUD plan, 16 it is approved, it has been approved with a 17 preliminary PUD plan, and amended annexation 17 signalized intersection right here that's 18 agreement of the petitioner. The real property 18 connected across the street from the commercial 19 consists of approximately 9.69 acres located south 19 intersection for this property. So we are in the 5 20 of the southeast comer of Route 47 and 71, 20 process of coordinating that with IDOT and with 21 Yorkville, Illinois. Is there anyone here 21 the property owners to the other side so that the 22 representing the petitioner? 22 intersection will be complete. I 23 MR. GUERARD: Yes. Good evening. I'm 23 So the good news is now these o 24 not sure if this is on. I can speak pretty 24 residents will have a full signalized safe a 2 ( Pages 2 to 5 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 6 Page 8 1 intersection to make right and left turns. So the 1 as they look at it. And I think that's a pretty 2 main changes we made now is we are not proposing 2 good summary. I would be happy to answer any 3 going to the north anymore and these trees will be 3 other questions. It has been through here many 4 saved through here because we have now a full 4 times before so probably most of you are pretty 5 intersection. And then we are proposing that this 5 familiar with this. 6 intersection be put in and a gate would be put 6 MR- LESLIE: I just want an update -- 7 there so that would be emergency access only going 7 MAYOR BURD: Excuse me, I think we need 8 to the project to the east, so that will serve as 8 to let the audience ask questions first before the 9 emergency access actually for both projects. 9 aldermen do for public hearing. That's the way we 10 As part of this -- one of the 10 do it. Is there any public comment on -- any 11 reasons I'm going through this is to -- we are 11 questions from the public on this? 12 agreeing to update the annexation agreement to the 12 MR. GRANT: Mayor, Attorney Tom Grant 13 current fees, and I'm going to pass what we are 13 from Yorkville. I don't have any comments or 14 proposing to build. We are going to be meeting 14 questions for Richard but I just advise the 15 and exceeding all the city ordinances regarding 15 Council that on behalf of my clients, who are the 16 architecture and the changes that have happened 16 Fishers and the Marciniaks who live in the Walnut 17 since the 2000 annexation. 17 Ridge subdivision to the north, now support this 18 You will see from the architecture 18 project given the fact that Walnut Street will not 19 what we are proposing to have built here is the 19 go through the subdivision and the configuration 20 same project we are building in South Elgin right 20 as presently presented will be approved and we 21 now. The project has -- about 75 percent of the 21 would appreciate that. 22 front you will see is brick and that the brick 22 MAYOR BURD: Any other comments or 23 actually wraps around the buildings. They are all 23 questions? All right. Then we will entertain 24 two-car garages. They are all planned with 24 questions from the City Council. Page 7 Page 9 1 basements. It is an upscale project or proposal 1 MR. LESLIE: Richard, basically the only 2 that we have for the property. Sometimes because 2 change you are doing then is this proposed 3 the elevations may look a little different than 3 intersection, right, and the rerouting of the 4 the real thing, I also brought some pictures of 4 traffic, is that it? s 5 the actual unit that's built in South Elgin, if 5 MR. GUERARD: Yes, really, and then this 6 you can pass that around a little bit for me. 6 all is connected, obviously, with the intersection 7 And then, as I said, that's a quick 7 of Route 47, but yes, that's the only substantial 8 summary. This is in substantial conformance with 8 change. I should say for the record I did give my 9 the project. The Plan Commission recommended 9 card to the court reporter, but it is Rich Guerard 10 approval. They wanted this as an emergency 10 from Wyndham Deerpoint, and my address is 605 11 access. They recommended that this not be 11 Lindsay Circle, North Aurora, Illinois 60542. 12 followed through -- taken through. They also 12 MAYOR BURD: Any questions? 13 recommended some additional parking, which we have 13 MS. SPEARS: The townhouses were already i 14 added now to the plan to this south -- I think 14 approved several years ago, correct? 15 there is -- there is over five parking spaces per 15 MR. GUERARD: Were not, you said? 16 townhome unit, because we have two-car garages, 16 MS. SPEARS: They were. 17 two in the driveway, and then another 60 in 17 MR. GUERARD: No. This is new. We are 18 addition to that, so it has a lot of guest parking 18 upgrading the plan here based on the project and ) 19 and parking for the project now. 19 the timing, so the footprint is the same footprint 20 And we are proposing -- this park 20 that was shown before so that hasn't changed. But 21 here that you see, that will either go to the Park 21 what we did not do is actually present the i 22 District or it will go to a homeowners association 22 architecture. Although I may have shown the 23 with a cash contribution to the Park District. 23 architecture back then. It wasn't part of the 124 That's a decision that the Park District can make 124 process 3 ( Pages 6 to 9 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 10 Page 12 1 MS. SPEARS: But it was zoned for 1 standard zonings, so to move all that we'd be 2 townhomes, correct? 2 looking at a variance. What's different is this 3 MR GUERARD: Yes, same amount of 3 is a PUD, so I believe the City has some 4 townhomes shown. 4 flexibility and certainly the staff and the 5 MS. SPEARS: Thank you. 5 engineers always have used that when they feel 6 MAYOR BURR: I have a question. Can you 6 they are able to it. So it is something we can 7 explain how you are going to try to save some of 7 continue to look as we go through the process. 8 the trees, I hope? How are you going to interact 8 MAYOR BURD: I was wondering if you 9 with the trees? 9 would be willing do that. 10 MR. GUERARD: The principal thing that 10 MR. GUERARD: We are willing to do that 11 we are doing, this park and detention area, these 11 to the extent we can, yes. 12 are all trees. We do not plan to take the trees 12 MAYOR BURR: Okay. Any other questions? 13 down. You will see it has kind of some unusual 13 MR. BESCO: Wasn't at one time this 14 edge to it, and what our proposal is there will be 14 parcel deemed to be senior housing? 15 some berming that will be built here that will 15 MR. GUERARD: I think someone sometime 16 allow for the water to be built up and to go down, 16 before 2003 was talking about that. It has always 17 but we are planning to actually leave the trees 17 been zoned R-3 and came in as R-3 in the 18 and preserve this and we have been working 18 annexation. I remember hearing in 2001 or 2 19 basically with the engineer with the City in an 19 somebody was talking about it, but we have had it 20 attempt to do that. We are going to be saving the 20 since 2003 and we have never proposed that. 21 trees back here that we can and we are saving this 21 MR. BESCO: Okay, thank you. That's 22 major area of trees, which is one reason why 22 all. 23 long tern it might not work for the Park District. 23 MR PLOCHER: I'm just trying to get a 24 Depending on the trees that are there, they may 24 little more familiar with the development. What Page 11 Page 13 1 determine it is not active space for them. 1 are you looking for like -- how many bedrooms are i 2 MAYOR BURD: Are you going to save any 2 they and how much do you think you would be 3 of the trees around the buildings? 3 getting for a per-unit price, just an estimate. 4 MR- GUERARD: Yes, to the extent we can. 4 MR. GUERARD: These unit sizes going 5 What I don't know is just with the grades what we 5 from 1503 to 29 -- almost 2300 square feet of 6 can do with the buildings there. You know, the 6 finished space, so they are fairly large units. j 7 trees are an advantage to us, but these are 50 7 The prices on these in South Elgin are 235 to 280, 8 feet apart, I think, and it will depend on what 8 depending on what people put in them and how they 9 the grading will allow because there is a lot of 9 are finished. So I would expect a similar price k 10 topo -- along here there is a lot of drop that has 10 range. 11 to be dealt with, so to the extent we can save 11 MR. PLOCHER: Thanks. Yeah, that's it 12 in-between the buildings and on all the edges, we 12 MAYOR BURD: Any other questions? Thank 13 are going to. Obviously the streets with the 13 you. 14 utilities in the streets, they take up the trees 14 MR. GUERARD: Thank you. 15 in the center. 15 MAYOR BURD: I would like to entertain a 16 MAYOR BURR: One of the thoughts I had 16 motion to close the public hearing. 17 was would you be willing to move, you know, a 17 MS. SPEARS: So moved. 18 building to save a tree or try to position it a 18 MAYOR BURD: Second? 19 little differently or work that way 19 MR GOLINSKI: Second. 20 architecturally to try to work around the trees? 20 MAYOR BURR: All in favor say aye? 21 MR, GUERARD: The City has worked with 21 (A chorus of ayes.) 22 us before on projects to allow that to happen, and 22 MAYOR BURR: All against, nay? 23 because this is a PUD we probably would be able to 23 (No response.) 24 do that. Now, what we have done meets all the 124 MAYOR BURR: Okay. Then we move on to 4 ( Pages 10 to 13 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 14 Page 16 1 our second public hearing of the night. Donald 1 along here rather than being front-loaded 2 Harriman and Carol Harriman, petitioners, have filed 2 single-family lots will be better served with 3 an application with the United City of Yorkville, 3 cul-de-sacs so that there will be less cuts onto 4 Kendall County, Illinois, requesting an amendment 4 Crimson Drive. And, secondly, he was suggesting 5 to the PUD Agreement (Ordinance 2000-34). The 5 that they should be multifamily as a transition 6 real property consists of approximately 127.56 6 between the commercial and the additional 7 acres, generally located 70 acre part of Harriman 7 single-family residential north of the project. 8 PUD described in Ordinance 2000-34 easterly of 8 And I would like Mike to describe the project to 9 Yorkville Crossings Unit One (common address 8823 9 you. 10 Rt. 34 in Yorkville )and 57.57 acres north of 10 MR. SCHOPPE: Thank you, John. To put 11 Crimson Lane and east of Prairie Point 11 it into perspective, some of the elements that are 12 development. 12 in the concept plan that's currently part of the 13 MR. DUGGAN: Good evening. My name is 13 annexation agreement -- if you remember those of 14 John Duggan, and I'm one the attorneys for the 14 you that were around in 2000, there is a concept 15 developer and Mike Schoppe is here with us. This 15 plan that's included in that annexation agreement, 16 application was requested by -- thank you -- by 16 and what that concept plan shows is that along 17 the staff to come forward with a plan for the area 17 this property line there was planned to be a city 18 around the pond that's currently under 18 street that would be right up against the property 19 construction. This has been under construction 19 line. That was approved before Prairie Meadows 20 for several years now, approximately 140-acre feet 20 ever came along. 21 of detention -- or of space that's been created in 21 With Prairie Meadows' approval, 22 the pond so far. 22 Prairie Meadows has single-family lots that back r 23 Several things have happened that 23 up along that lot line. So we thought rather than 24 have caused the plan that were in the original 24 having a city street along their backyard, which Page 15 Page 17 1 annexation agreement to have a change recommended, 1 would in essence cause all the residents to have a ?' 2 and one of them is that Crimson Drive, which is 2 double lot, we thought it would be much better to s 3 the street parallel to Route 34, has been moved 3 take the road to the street and pull it away from i 4 further northerly and that was because of the 4 the property line so that we would have 5 request depth of commercial property increase and 5 single-family lots this development in Yorkville 6 also because the detention for the Menards 6 Crossings backing up to single-family lots in 7 property that was contemplated to be sharing this 7 Prairie Meadows. 8 pond was not elected by Menards to be utilized in 8 And, secondly, the Autumn Creek 9 connection with this pond. So about 128 feet 9 project, which wasn't approved when this original 10 of -- 120 acres of contributory area for the pond 10 annexation took place, it has Crimson Lane coming j 11 has been removed from the project by Menards and 11 through here and this section of Autumn Creek has 12 so the pond need got smaller and the idea that the 12 got townhome filters along it. So as you were 13 commercial should get deeper also corresponded 13 driving from the east and driving west on Crimson, 14 with that idea 14 you would be going through single-family in Autumn 15 We additionally dedicated some 15 Creek and then you'd go through a townhome section 16 additional right-of-way for Route 34, which is 16 in Autumn Creek, and then into Yorkville j 17 contemplated to be widened to a fully-improved 17 Crossings. 18 five-lane median, the Veterans Parkway, in 18 So with those existing townhomes in 19 connection with that project. 19 Autumn Creek, we thought as you continued further 1 20 The project that's sought to be 20 west toward the shopping area that putting 21 amended is the area northerly of the existing B-3 21 townhomes there would be a logical extension of 1 22 property on the project, and the second amendment 22 the uses that had already been built in Autumn 23 is that -- Mike Schoppe who is here will describe 23 Creek. And the other benefit to that is that in t 124 this -- is suggesting that this particular area 124 Autumn Creek there was discussion about the number , 5 ( Pages 14 to 17 ) DepoCourt Reporting Service ( 630 ) 983- 0030 Page 18 Page 20 1 of driveway cuts going onto Crimson Lane, and it 1 and now we are going to throw in some townhomes. 2 was thought that the driveway cuts should be 2 The original detention was 64 acres and now we are 3 minimized on Crimson Lane. And that was one of 3 going to drop it down to 25. And I think when the 4 the main reasons for the townhomes to be approved 4 whole concept plan was sold to us, the whole thing 5 along Autumn Creek. And if you look at the layout 5 was it was going to be a beautiful pond, we are 6 of those townhomes, they are in a cluster. They 6 going to have these beautiful single-family homes, 7 have two buildings that are served by one driveway 7 it is going to be desirable to the surrounding 8 going out into Crimson Lane. We thought that same 8 areas. And in my personal opinion we have way too 9 concept would apply here, and rather than having 9 many townhomes in our city. We have too many that 10 16 to 20 single-family lots with 16 to 20 10 have already been approved, we have some that 11 driveways coming out onto Crimson Lane, we could 11 dated back to 2000, and that's great, that's why 12 design this with townhomes and instead we would 12 that was -- I asked Mr. Guerard. 13 only have five driveways coming onto Crimson Lane. 13 Pm not in favor of this change at 14 So we have a significant reduction in the number 14 all. I really -- less driveways, that's okay. 15 of driveways. That's the rationale behind making 15 Traffic is so congested anyhow it doesn't make any 16 the recommendations to introduce the townhomes 16 difference. I am not in favor of changing and 17 onto Crimson Lane. 17 adding the townhomes. 18 Those are the primary land-use 18 And then I would like to know also 19 changes between this concept plan and the concept 19 if our staff can tell us by reducing the 20 plan that's currently in that annexation 20 detention, what is the quality of the water, the 21 agreement. There is a host of best management 21 surrounding wells? Can you a address that 22 practices that are incorporated, the drainage 22 Travis? 23 system for both the Walmart site, the commercial 23 MR. MILLER: We have evaluated that. I 24 site, and residential, because water quality is an 24 can let you know. Basically the volume has been s k Page 19 Page 21 1 important issue with the stormwater management 1 calculated by the petitioner's engineers and has 2 facility, and a host of other engineering issues 2 been calculated by the City engineering staff and 3 that need to be addressed. This is just 3 we have confirmed that the reduction in need for 4 describing the differences between this concept 4 stormwater originally proposed in Menards and 5 plan and the previous concept plan. 5 Yorkville Crossings subdivision, which included 6 MAYOR BURR: Okay. Do we have any 6 Menards and Countryside Parkway east of 47 to 34 7 questions from the audience? None. 7 was contemplated as the 64 acre area, would manage 8 AUDIENCE MEMBER: How many additional -- 8 all of the stormwater for the development. 9 MAYOR BURR: Would you identify 9 Since 2000 -- and development 10 yourself? 10 approvals that have been within Yorkville I 11 MR. GILMORE: Tom Gilmore. How many 11 Crossings -- that development has been approved 12 additional townhome lots did that net in the 12 with another detention basin in other stormwater 13 development? 13 management areas thereby reducing the need for 64 14 MR, SCHOPPE: In the previous -- on the 14 acres of stormwater management in this location. 15 concept plan that's currently in the annexation 15 This is a very sandy area, very 16 agreement there are no townhomes. 16 sandy soils, so the preferred -- from an 17 MR. GILMORE: Multifamily. 17 environmental standpoint, the preferred stormwater 18 MR. SCHOPPE: There is no multifamily in 18 management approach in this location is to s 19 that previous proposal. This proposal is 19 bioswales that are included on this site plan and 20 including 70 multifamily units. 20 reduce the amount of surface water area in 21 MAYOR BURD: Any more questions? Okay. 21 preference for depressed dry areas to allow the 22 Do we have any questions from the City Council? 22 stormwater an opportunity to infiltrate into that 23 MS. SPEARS: I do have several questions 23 sand before getting into the lake itself. So from l 124 and comments. Originally there were no townhomes 24 an engineering standpoint both in terms of water 6 ( Pages 18 to 21 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 22 Page 24 . 1 quantity and water quality, we still arrive at the 1 long-windedly answered your question about 2 conclusion that this is a superior solution over 2 stormwater and led to a couple other things, but 3 the 64-acre lake that was originally contemplated 3 staff is in support of the modifications in this 4 for the entire annexation area. 4 land plan based on the current circumstances on 5 About a year ago city staff did -- 5 the property. 6 over a year ago now, requested this petitioner to 6 MR LESLIE: I'm also very concerned 7 prepare this land plan. Since 2000, again, the 7 about the new townhome developments coming in and _ 8 projects that have developed at Menards have 8 the new push for developers pursuing residential 9 happened by the efforts of -- the plan at that 9 development. It seems to be a new trend. There 10 time for Menards, the master plan for Menards, but 10 are a couple of projects coming forth, one in my 11 it has happened piecemeal and we were left with a 11 backyard, that's wanting to utilize as much space 12 remaining area, 127 acres, and the trends in some 12 as possible to optimize and maximize their 13 of those changes, zoning changes, one of them 13 development perspective, and in terms of a PUD, 14 being the increase in commercial area off of 34 to 14 I'm simply not favor of it and mirror Rose's 15 accommodate the Walmart plan as well as the 15 comments. 16 stormwater management issues, led us to request 16 MR. PLOCHER: Yeah. My view on the 17 this petitioner come in and amend -- request an 17 townhomes is about the same as the other two 18 amendment to the PUD to give us a vision of what 18 aldermen. I think the main issue here was the i 19 the remaining acreage was going to look like, and 19 traffic and that was the problem with the outlets 20 not take a risk that further piecemeal development 20 but I don't think 70 townhomes is going to be 21 would happen and paint us into a corner in terms 21 lightening the traffic any, so I'm not in favor of 22 of how we handle stormwater and traffic and 22 that in any way. 23 mixture of land uses. 23 MR. MUNNS: I have a question. On 24 Crimson Lane, it was pointed out on 24 Page 9 it says there is 130-foot strip adjacent to Page 23 Page 25 1 this plan, the original concept plan that was 1 the northerly roadway for the park. Is that what 2 approved in 2000 was approved allowing commercial 2 you pointed out at the beginning or is that 3 uses 800 feet off 34 so there is on the current 3 somewhere -- it says right next to a roadway or -- { 4 zoning map a 800-foot wide strip of land zoned 4 MR. DUGGAN: I'm sorry, Page 9? 5 commercial. But when Walmart acquired the 34 5 MR. MUNNS: It says for park purposes 6 acres in the southern portion of this concept plan 6 approximately 130-foot strip adjacent to northerly 7 that's on the board by the easel, they approached 7 roadway. 8 the plan commission, the City Council, last year 8 MR, DUGGAN: The original concept plan 9 and asked for an additional 400 feet to be zoned 9 was to have a park here that would connect to a 10 commercial to accommodate the Walmart plan and to 10 20-acre future park on this area. That park 11 allow for outlots in front. 11 wasn't built with respect to Autumn Creek. We 12 At that point we realized that 12 then -- we went to the Park District with respect 13 Crimson Lane needed to be shifted because it made 13 to their request for a park and a beach, and the 1. 14 sense to have a frontage road to service behind 14 Park District advised us that it preferred to have 15 those uses. So that really has left us in a 15 cash to the land so that we prepared the plan 16 situation where in order to connect Crimson Lane 16 accordingly. F 17 that has already been approved with the Walmart 17 Again, if you wish to have a park 18 plan over to Walnut Creek, really the alignment 18 here, we would provide it. We were talking about 19 that's been prepared on this plan has been forced 19 possibly, you know, building a dog park here with t 20 by those two end points. It makes logical sense 20 the Park District. That was a suggestion they had 21 that the area between that road and 34 be 21 we thought was salutary and we could have included 22 commercial, because that 400-foot strip of 22 it in the plan. I just talked to Dan this 23 residential really didn't make sense. 23 afternoon and he thought they felt that they might 124 So in light of that, I know I have 124 prefer to have the cash rather than the dog park 7. - ( Pages 22 to 25 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 26 Page 28 1 at that location. 1 of the land use and also helps us solve the issue 2 We are several years away from 2 of reducing the number of driveway cuts onto 3 actually building this. We were hoping to get 3 Crimson Lane. But we could -- if that's the 4 concept plan approval with respect to this. We 4 desire of the Council to go back to single-family 5 are probably two-and-a-half to three years away 5 there, I am sure we could certainly do that. 6 from finishing the pond or the lake and then 6 MAYOR BURR: Alderman Spears? 7 several years away from coming up with a final 7 MS. SPEARS: Just a matter of history on 8 concept on the -- or final construction on the 8 the property, is that property -- I know it came 9 subdivision. So this isn't imminent but we were 9 to Council at one time to have it as a quarry type e 10 asked to bring forward a concept plan. We think 10 where they are excavating the sand and they are a 11 this is a good plan. 11 business. Was it ever zoned for that purpose? 12 If you wish to have a park, we 12 MR. DUGGAN: I don't think this was ever 13 could either put it here or in some other 13 proposed. At one time when the land owner 14 location. The number of units has gone down and 14 purchased it back in 1972, it was with the object 15 the size of the lake has gone down. And, again, 15 of quarrying it. He did the feasibility studies 16 if you recall, the original plan was to have this 16 and did the testing on the property but I don't 17 pond be contributory to the Walmart project and 17 think he ever proposed it at this location. 18 Walmart -- I'm sorry, the Menards project. 18 MS. SPEARS: So then my next question F 19 Menards was going to participate economically in 19 would be all this sand that now is removed for the 20 the construction of the lake. It elected not to 20 pond and everything -- 21 do that, so we -- there is no reason to build the 21 MR. DUGGAN: Right. 22 lake, the 64 acres. 22 MS. SPEARS: -- where is that going? 23 We also then, you know, when that 23 MR. DUGGAN: He is trucking it over to 24 change was occasioned, dedicated -- we dedicated 24 Fox Ridge Stone and he is processing it. i Page 27 Page 29 a 1 the easement, so right now there is also the 1 MR MUNNS: It is blowing over Route 34, 2 sanitary sewer for Autumn Creek that's in the 2 actually if you drive out there every day. 3 right-of-way of Crimson Drive and that's down 25 3 MS. SPEARS: No kidding. The trucks cut 4 feet already. 4 out in front of me. My question is so it actually 5 MR MUNNS: Okay, thanks. 5 is operating, in my opinion, as a quarry type. 6 MR. DUGGAN: We could possibly build the 6 However, it is taking it to another town, I 7 lake over that at this point. 7 believe Oswego, and it is selling it there -- 8 MR. MUNNS: Thank you. 8 MR DUGGAN: Right. j 9 MR. SCHOPPE: I should add, the drawing 9 MS. SPEARS: -- and they are profiting, 1 10 that we just handed out, that's the concept plan 10 Oswego rather than Yorkville. 11 that -- I think it is Exhibit I to the current 11 MR DUGGAN: Well, part of the reason 12 annexation agreement. 12 for that was, one, because the pond was reduced in 13 MR. MUNNS: Got it. 13 size it was no longer feasible to -- if you 14 MR SCHOPPE: And as you can see, along 14 recall, he did have a permit -- the right in the 15 Crimson Lane on that concept plan, along Crimson 15 annexation agreement to put a processing plant at 16 bane right through here, you will see there is 31 16 that location to process the materials and to -- 17 single-family lots that are fronting onto Crimson 17 and to even operate a Ready Mix plant at that 18 Lane and we can certainly do that -- if that's the 18 location. But because the pond -- because Menards 19 desire of Council, we can certainly do that. 19 elected not to participate in the pond, it was no 20 We just thought that with the 20 longer economically feasible to do that. So 21 discussions in -- that took place in Autumn Creek 21 basically it is obviously undesirable to truck the 22 and the desire to minimize the amount of driveways 22 material for processing, you know, somewhere else 23 onto Crimson and the fact that there are townhomes 23 and move it twice, but that's the only thing that 124 there currently, that that was a logical extension 2 4 they could feasibly do. They bought the scales 8 ( Pages 26 to 29 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 30 Page 32 r 1 and they were prepared to process them at that 1 but it is still a very large lake. I think a 2 location, you know, but when the size of the pond 2 25-acre lake is a large lake. A 25-acre 3 was necessarily shrunk by the election of the 3 sand-bottom lake is a real asset to the community. 4 adjoining developer, they -- you know, it was no 4 It is a -- I think it is a lovely project, and I 5 longer feasible to do that. 5 think you will be happy with it. Right now the 6 MS. SPEARS: So are they done? 6 water is, you know, pumped out into the field 7 MR. DUGGAN: I'm sorry? 7 because it has -- you know, to enable the 8 MS. SPEARS: Are they finished with the 8 excavation to be economically conducted, but when 9 sand and digging and hauling? 9 they are no longer pumping it, then it will reach 10 MR- DUGGAN: Very close to be finished, 10 its natural water level and it will be a typical 11 Alderman Spears. It was -- approximately 152-acre 11 sand-bottom lake. 12 feet of volume is expected to be ultimately taken 12 If you want to look at one, they 13 out and has already about 142-acre feet taken out. 13 have one across the river, and I think it is 14 So they are within a year or two of completion, 14 beautiful. I think it will be a terrific feature 15 and then there has to be some finishings of the 15 to the City, and the suggestion on the townhomes 16 shapes and slopes and the finalization of the 16 was, again, the natural evolution of the way the 17 project. So they are fairly close to being done. 17 community developed and we are responding to that 18 MS. SPEARS: Again, I think the burden 18 rather than trying to, you know, profiteer on it. 19 is on the City, it is on our roads, it is on our 19 You know, the existing concept 20 pedestrians traveling. Again, we were under the 20 plan, I think everybody agrees, you know, the 21 impression it was going to be this big beautiful 21 events have overtaken it. The other developments 22 lake -- 22 around it have set the standards and, you know, 23 MR, DUGGAN: It will be a beautiful 23 what they thought was a good idea in 2000 probably 24 lake. 24 is -- you know, this was seen as a refinement of Page 31 Page 33 A 1 MS. SPEARS: -- it's going to be open to 1 that idea and a better idea. Quite frankly we had 2 the public, it is going to have these gorgeous 2 an idea at the plan commission that those perhaps 3 single-family homes surrounding it. And I think, 3 would be better suited as office or business uses. 4 you know, the City's been deceived. I think this 4 Again, it might have less traffic. They might 5 is coming back now and it is going to be smaller 5 have more impact and benefit to the city. We are 6 scale and we are going to put townhomes and have 6 not against considering anything at that location. 7 an itty-bitty little lake and, yeah, we are going 7 Mr. Schoppe we think has great ideas and thought 8 to ruin your roads and sand is going to be blowing 8 this would be preferable to the front-loaded 9 all over and another city's going to be profiting 9 single-family lots and I agreed with him. We felt 10 from the sale of something that is taken out of 10 this was an enhancement of the concept. 11 Yorkville. 11 As far as the other changes, they 12 MR. DUGGAN: Well, every step of this 12 have all been made in cooperation and coordination 13 process and the changes in it were all discussed 13 with the way the adjoining properties have 14 and disclosed to the city and its staff 14 evolved. That was what drove them, was the 15 throughout -- you know, continuously. We have 15 market, and I think the concept of the plan was 16 been in constant engagement and negotiation with 16 that it was always going to be driven by the 17 the city as every change was made. For instance, 17 demands of the market. I think that's in the best 18 we were approached by the City to change the 18 interest of the city, that it -- that the plans be 19 location of the sanitary sewer, which basically, 19 flexible with respect to, you know, giving the 20 you know, set the northern boundary of the 20 City what's in its best interest around what it 21 property. That's already been put in by -- you 21 wants. 22 know, at that location in anticipation of this. 22 Obviously the commercial has the 23 So, again, I don't know what to 23 advantage of generating more taxes, and I think 124 tell you, Alderman Spears. It is a smaller lake 24 this is the type of project that would help it 9 ( Pages 30 to 33 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 34 Page 36 c. 1 accomplish that. You know, we have, for instance, 1 been created on it to de-water it to assist in its 2 a beautiful roadway being proposed, being 2 excavation. I did have a hydrologist study that 3 financed. I think that's a real asset to have a 3 was done. It was 16 feet in depth that it would 4 boulevard, commercial Veterans Parkway, in front 4 be ultimately, I believe. I think it is intended 5 of this property. I think it will be lovely. I 5 to be -- the water level is going to be 16-feet 6 think the Wahnart project, which set the depth of 6 deep when it is completed. 7 this change, we think is a great enhancement. We, 7 MR. PLOCHER: Well, I was just thinking, 8 of course, felt that that was the best use of the 8 you know, to get the volume you need instead of 9 property and we supported that and feel that 9 keep going deeper you could go wider and that 10 that's a good thing. 10 might relieve some of the -- you could cover where 11 So all these changes were -- you 11 the townhomes are going and alleviate it all 12 know, if we didn't change this to commercial or if 12 together. 13 we didn't change this to townhome, we feel that 13 MR. DUGGAN: On that point, on a zero 14 those were enhancements to the concept rather than 14 discharge basis this pond is expected to need 15 a detriment to them. We were asked to bring this 15 152-acre feet of detention, and it will -- at this 16 forward ahead of its completion so that we can 16 configuration and it's 240 feet of detention on a 17 talk about these things, whether it should be 17 zero discharge basis. Currently it is using about 18 business, office, or commercial, or some other 18 28-acre feet detention out of the 140 that are 19 use, you know, we are open to discussion of that. 19 currently constructed. So as far as making it 20 1 don't think that the front-loaded 20 wider, that really doesn't -- that's not indicated 21 single-family homes would be the best application 21 by any detention needs for the contributory 22 in that location anymore, but, again, that's 22 property. It is already 25 percent higher on a g 23 something the City has to decide. 23 zero discharge basis than the needs of the 24 MS. SPEARS: I agree with you commercial 24 contributory area. Again, the 64 acres was sized Page 35 Page 37 1 is very important. Our community needs 1 with the Menards property included in it. 2 commercial, but I don't want to do a tradeoff. I 2 MAYOR BURD: Alderman Golinski? 3 don't want to say, okay, we will take commercial 3 MR. GOLINSKI: I like your suggestion of 4 and we can put a million townhomes in. And 4 office space or professional buildings. I think 5 apparently that's the path I think our city has 5 that would make a nice transition. I don't 6 been going down, and I would like to have our 6 understand the logic of limiting the cutoffs to 7 Council just re-address this and think about it 7 Crimson but then adding four times as many cars on t 8 and possibly change what we are doing. 8 it. It doesn't make sense to me. 9 MAYOR BURD: Alderman Besco? 9 MR. SCHOPPE: I can explain that, the 10 MR. BESCO: The one thing that I think 10 logic behind that. If there were the 30 driveways 11 if you were to replace the sing -- or the 11 that you show on that concept plan along here, 12 townhomes with single-family homes, I don't think 12 those are single-family homes, and as you drive 13 that it would be a real good blend directly behind 13 down the street every day the way you get out of 14 Walmart. I can see where you need a transition 14 that lot is to back out onto Crimson Lane and 15 area to some degree. I'm not crazy about all 15 drive. With this type of design you are not 16 these townhomes popping up either, but I think 16 backing out. These cars are leaving, are pulling 17 that's a transitional area changing over to 17 head first out onto the road. And I believe 18 single-family so I don't know. 18 that's where the concerns were when the driveway 19 MR. PLOCHER: What is the current depth 19 cuts were discussed in Autumn Creek. It is not 20 of this retention lake? Do you know the depth of 20 people going out onto the street, it is backing 21 this, how deep it is right now? 21 out, stopping, and pulling forward and slowing 22 MR. DUGGAN: Sure. Well, right now it 22 down that traffic. I think that's where the 23 is being pumped out. Again, the water is being 23 concern over the number of curb cuts came. That's 24 pumped out into this field, into a ditch that's 124 the logic to reducing the number of curb cuts.M i ... ,.�. ,.-10 ( Pages 34 to 37 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 38 Page 40 1 The other point that we don't want 1 will be able to enjoy or use. 2 to lose sight on is that part of this discussion 2 MR. SCHOPPE: The residents that are 3 is the issue of rezoning from this lot, the 3 living in this community -- 4 commercial line being here, to pushing it back to 4 MR. MUNNS: We were sold a bill of goods 5 here, where Crimson Lane will be. I think that's 5 then. It was going to be a beautiful thing that 6 another part of the amendment to the agreement. 6 everybody in the City could go and sit on the 7 MR. DUGGAN: Yes. 7 beach and enjoy the lake. 8 MAYOR BURD: Alderman Sutcliff? 8 MR. SCHOPPE: I believe if the City 9 MS. SUTCLIFF: I wasn't here when you 9 wants a city park here or beach here, we could 10 brought this forth before. What's the intended 10 still put that in the plan. We were just directed 11 use of this lake? Is it recreational at all? Is 11 by the park to not do that, so that's why we have 12 it pretty? Is there any kind of public access to 12 gone this route. 13 it? 13 MAYOR BURD: Seems to me there is a 14 MR. SCHOPPE: Originally there was 14 communication issue between the park board and 15 planned to have some recreational uses. If you 15 City Council. City Council approved an idea -- 16 look at that exhibit, you see there is a note of a 16 MR. MUNNS: Right. We approved the idea 17 park area or beach area and that's what the 17 and then they changed it without any input from 18 intention was back in 2000. Now, with the changes 18 us. 19 that Travis has mentioned and John has mentioned 19 MR MOGLE: I can say a couple of s 20 over time, we went back to the park board and 20 things. When it was brought to the park board, 21 asked them do you still want a beach on this lake? 21 originally the plan was a 64-acre lake and that 22 And the direction we got from the park board was, 22 was what was exciting to the park board at the 23 no, they don't want a beach any longer or a park 23 time. When it got diminished down to less than 24 any longer. So therefore we took the park idea 24 half and then also becoming aware that it was Page 39 Page 41 1 off of the plans. Now, subsequent, maybe within 1 really a detention area -- as far as when it first 2 the last two months, there was talk of maybe a dog 2 came to us, we talked of a swimming beach. Well, 3 park being provided around the lake, but I think I 3 a swimming beach with a detention area and the 4 heard John mention tonight I think that's being 4 quality of the water we didn't feel to be very 5 taken off the table as well. That's why there is 5 appropriate, and with the lake then having been 6 no longer any city park around the lake. 6 reduced to a little less than half, it was less 7 MR WERDERICH: So there is no park plan 7 attractive to the park board to do anything 8 at all? 8 recreationally on the lake. 9 MR SCHOPPE: No. This residential area 9 Mike accurately described, we have 10 around the lake, no, no park plan. There has been 10 a park, a seven-acre park, in Prairie Meadows, 11 parks planned for these residences and those would 11 which is just to the northwest, and then in Autumn 12 be this park right here, this park, Prairie 12 Creek there is another seven-acre park to the 13 Meadows, and right over here at Autumn Creek there 13 northeast. And we felt that those two parks would 14 is another public city park. So those two parks 14 adequately satisfy the recreational needs of this 15 would be fulfilling the recreational needs for the 15 subdivision. 16 residents. 16 MS. SPEARS: I just would like to a 17 MR. WERDERICH: But nothing that would 17 address that. Again, when that was sold to us as 18 utilize the lake. 18 this beach, I was envisioning maybe somebody my i 19 MR, SCHOPPE: No, nothing that would 19 age could enjoy this. Your parks are lovely but, 20 utilize the lake. 20 trust me, I don't think I would go on any of the 21 MR. MUNNS: It is really just going to 21 swings or any of the park equipment. I think with 22 be a fancy extension pond to hold water. 22 this beach we -- I was envisioning it as it would 23 MR. SCHOPPE: It is a private lake. 23 serve a different type of population of our ti 24 MR. MUNNS: A private lake that nobody 124 community, and that's why I was impressed with it, l 11 ( Pages 38 to 41 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 42 Page 44 s: 1 with the entire design, with this big lake that 1 Fox River because it would, you know, be sand 2 people can go and sunbathe or swim or do whatever 2 bottomed and it would probably have a better water 3 they needed or whatever they wanted to do that 3 quality. I think the Fox Ridge Stone pond has a 4 they can't do at a park. 4 better water quality than the Fox River. That's 5 MR. MOGLE: Sure. As a 64-acre body of 5 my perception. I haven't studied it. It seems 6 water the park board was interested in that. The 6 that way. It is not as muddy, certainly, because 7 park board's reaction was much the same as your 7 it has a sand bottom and doesn't have organic 8 own when it became apparent that it would be less 8 material and doesn't have a lot of green growth in 9 than half the original size that was discussed. 9 it so that the sunlight penetrates typically to 10 MR. MUNNS: 25 acres, I mean, it is 10 the bottom of the pond which allows it to digest 11 still -- somebody was just up there saying that's 11 its biological oxygen demand more effectively and 12 not a bad size. I can't -- I guess I'm just 12 more efficiently. That's why the sand-bottom 13 trying to compare my lot and make it 25 acres, how 13 ponds function to be clearer and better, you know, 14 big that would be. To me that should be big 14 for that sort of purpose. 15 enough to have some kind of unique features. 15 We would have no objection to 16 Sure, you have a park down the 16 building the park that was discussed. You know, 17 road. That's like every other park we have in the 17 the idea was that, you know, the Park District ' 18 City. It is not a beach area, something out of 18 analyzed and preferred the cash contributions to 19 the ordinary. 19 the land, and so it's certainly there if you 20 MR. SCHOPPE: I believe this lake, the 20 prefer to study that and discuss it, you know, at 21 24 acres, would be the second largest lake in 21 a greater length. I would like to have a beach, 22 Yorkville, the first one being the stormwater 22 personally, and -- or the dog park that was l 23 management facility up at the Montebano project. 23 discussed in this area would be a nice feature, 24 I believe this would be the second largest. 24 and that's also the type of non-active park that I Page 43 Page 45 S 1 MS. SPEARS: Would this be safe to swim 1 think has a lot of value to the citizenship. The 2 in, something like this? 2 idea was the beach and a dog park would be useful 3 MR. DUGGAN: Well, you know, I think it 3 for a lot of people that like to, you know, have 4 would be. 4 water training for their dogs. So I don't think 5 MS. SPEARS: Well, would you swim in it? 5 either one of those options would be bad for the } 6 MR DUGGAN: Well, I do. We swim at the 6 city. Again, I think a 25-acre lake is a great 7 Fox Ridge Stone lake all the time, and I don't 7 lake, you know -- yes, sir? 8 think there would be any -- you know, I think some 8 MAYOR BURD: Excuse me, I recognize = 9 of the people are concerned about potential 9 people. Alderman Besco? 10 contaminants from cars. Now, to that extent -- 10 MR BESCO: Yes. Recently I had the 11 and the reason that we show this concept plan now, 11 opportunity to be in St. Paul, Minnesota, and t 12 even though it is not completed, was because the 12 there was -- actually it was Minneapolis. There 13 engineering staff wanted us to show the locations 13 was a lake similar to this size, maybe a little 14 of the sediment basins and the best management 14 bit different configuration, but they had walking 15 practice facilities that would be to -- for the 15 paths around it. 16 purpose of purifying stormwater and eliminating 16 MAYOR BURR: That would be nice. 17 sediment and other matters that might be in 17 MR- BESCO: And it was beautiful. The 18 stormwater before it would get to the pond. So 18 people that used that blew me away. They were 19 that -- I think it is fairly robust as far as a 19 walking and doing recreation that way. And I'm a 20 best management practice, and I think surface 20 little bit disappointed that the park board didn't 21 water is often used as recreation. 21 look at more uses for it. I think for them just 22 You know, people swim in the Fox 22 to turn their noses away from it it is kind of 23 River. Some people certainly boat in the Fox 23 disturbing. 124 River. This would probably be cleaner than the 24 MAYOR BURD: Well, especially after 12 ( Pages 42 to 45 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 46 Page 48 z 1 we -- after the City Council had specially denoted 1 would be glad to look at everything. That's why 2 that this was something we wanted to do. Any 2 we are coming forward. We wanted to show the best 3 other comments before we -- 3 management practices areas. We really have to 4 MR. WERDERICH: I wanted to ask if there 4 kind of start locating them and finalizing their 5 were any options in regard to the way that this is 5 location. One of them I think is pretty well set 6 all planned to make that lake larger or in a 6 and that's the one in this location. Of course, 7 different shape? It is kind of in an odd shape 7 if we start building the pond over here or the 8 right now. 8 beach over on this area or a park, we should 9 MR. DUGGAN: Again, the size of the lake 9 probably know about that before we go 10 was based on the contributory area of the people 10 significantly further with construction of the 11 that wanted a detention, and we asked Pulte over 11 ponds. The balance of this, sure, we could ask 12 here if they wanted detention in it. Menards 12 Mike to come up with different concepts. 13 indicated when we did -- we did our annexation 13 MR WERDERICH: And I guess the reason I 14 agreements jointly with them and we sized the lake 14 bring that up is because looking at the concept 15 based on Menards utilizing the project and then 15 plan that I have in front of me as opposed to the 16 they elected not to. 16 one you have up there -- and maybe I'm at a bad f 17 We had already donated the land for 17 angle -- it looks like there is a large portion of 18 Countryside Parkway to McHugh and those were under 18 it that couldn't be utilized as a, quote, end 19 construction by the time it elected not to. And I 19 quote, lake. The part up there in the upper x 20 personally did the negotiations with Menards and 20 right-hand side, that's just kind of a sliver. I v 21 it went on for about two or three years. The 21 don't think there is any lake uses that could be 4 22 calculation of the lake was based on the extra 22 made out of-- i 23 120 acres of contributory area which, again, is in 23 MR. SCHOPPE: Let me make sure I s 24 approximately this location. 24 understand the area you are referring to -- Page 47 Page 49 i. 1 So right now the size of the pond, 1 MR, WERDERICH: Yeah, up in there. 2 we just got our May 10th report from our engineer, 2 MR, SCHOPPE: Let me turn it. 3 is anticipated to have 240-acre feet of detention 3 MR. WERDERICH: Yeah, I can see it 4 and that the entire fully developed requirements 4 better now. I don't know how far across that 5 on a zero discharge basis of the entire 5 would be, but I imagine this wouldn't be far 6 contributory area is 152, so we are already 6 across at all. 7 approximately a third larger than the engineering 7 MR- SCHOPPE: The lake area here is i 8 needs of the project according to the current 8 probably over to -- from the top of the bank to 9 calculations. If we make it larger -- it is not 9 the top of the bank at the other side is only 175 10 a -- Alderman Spears is concerned that this was, 10 to 200 feet wide in here. 11 you know, some kind of a sand and gravel 11 MR. WERDERICH: Just a thought, you 12 operation. Basically by the time you pay to 12 know. I was trying to think outside the box a 13 transport the material, it doesn't generate 13 bit. t' 14 significant profit. You are hopeful to break even 14 MR SCHOPPE: Okay. 15 with it, so making it bigger I don't think would 15 MAYOR BURR: Alderman Golinski? 16 be economically indicated. I suppose though -- 16 MR GOLINSKI: Yeah. I don't think -- 17 there really would be no purpose to it. It's not 17 that's a little bit inaccurate. I don't think he 18 needed for detention. 18 is here anymore. The park board didn't turn their 19 MR. WERDERICH: But a different shape 19 nose up on it. They lost interest in the changes 20 though. 20 that were made. Originally, what were the changes 21 MR. DUGGAN: We are certainly amenable 21 on this beach originally when the park board was 22 to a different shape. They wanted to pull the 22 looking at it? It was a large beach and we were 23 road away from Prairie Meadows, but we could 23 looking at all kinds of uses. We talked a lot 124 change the shape of it. I mean, we certainly 124 about the water quality, and, if you recall, we 13 ( Pages 46 to 49 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 50 Page 52 1 were supposed to have a parks public works 1 MR. DUGGAN: Will there be additional 2 maintenance facility out there that never came to 2 discussion of this matter tonight? 3 fruition. And now we are stuck with this large 3 MAYOR BURR: No. 4 seven-acre park down here. There was a lot of 4 MR. DUGGAN: Thank you. 5 things that went into the thought process, and I 5 MAYOR BURR: Any citizens comments? 6 flunk the park board obviously didn't change the 6 MR. GLASMA: Thank you, your honor. 7 size of the lake. They don't have the ability to 7 Carl Glasma of Yorkville. Let me thank Alderman 8 change these plans. They responded to the changes 8 Spears for bringing up the subject of the 9 that were made in the plans. 9 townhomes. That's something I'm too concerned 10 MR. SCHOPPE: To answer your question. 10 about, that there are too many townhomes in this 11 I didn't prepare this so I'm going to estimate, 11 area and I appreciate you standing up for that and 12 and I would guess it was probably 500 -- 5- to 600 12 I hope you get the answers to the questions that 13 linear feet of beach area on this original concept 13 you wish to ask. 14 plan. 14 The only question I had, your 15 MR. GOLINSKI: And with the reduced size 15 Honor, was I was looking at the agenda, the 16 of this lake, there is not that type of area 16 consent agenda, for today's meeting and No. 14 17 anymore for 500 feet of frontage, is there? 17 which is the cooperative agreement between the 18 MR. DUGGAN: We would have this area 18 City of Yorkville and the school district. When I 19 here, it is pretty much the same. And, again, 19 looked at the packet that's on-line that's 20 that was where we -- at the last meeting when we 20 available that's 162 pages, I did not actually see 21 talked about locating the dog park, the thought 21 that agreement in the on-line packet. I don't 22 was that would be a good spot for it, but, again, 22 know if you have it in your packet but in the 23 it is -- if there is a desire to put it there, we 23 162-page version that was on-line, it was not 24 can put it there. 24 available. And that just -- that raised a flag Page 51 Page 53 1 MAYOR BURD: Could we wind this up? We 1 for me because I did have a problem with the 2 have spent quite a lot of time on this issue and 2 previous agreement that the City Council -- not 3 mainly this is for public comment, not for City 3 necessarily this City Council, it was in 1975 -- 4 Council to debate over it. We will continue this 4 where the City Council basically unilaterally 5 at a later time. I would like to entertain a 5 allowed the school district to decide how 6 motion to end this public hearing, if you don't 6 government funds were going to be spent from that 7 mind. 7 1975 agreement. So before the City Council goes 8 MS. SPEARS: Can I ask one more 8 forward and votes on any new agreement with the 9 question? 9 school board, I was hoping we as citizens would 10 MAYOR BURR: I think you will have a 10 have an opportunity to review that to provide 11 chance to ask more questions later -- 11 comment. I would respectively ask that you table 12 MR. MUNNS: Motion to close -- 12 Issue No. 14 until that agreement is made 13 MAYOR BURR: -- we have been talking 13 available to the public for our review. Thank 14 about this for quite a long time now, and if you 14 you. ? 15 don't mind, I would like to move on. I have 15 MAYOR BURD: From what I understand, it 16 motion on the floor, do 1 have a second? 16 is on the website in the committee-of-the-whole 3 17 MR- GOLINSKI: Second. 17 packet. It was presented to the City Council for 18 MAYOR BURD: Can I have a vote? All in 18 review during our committee-of-the-whole session. 19 favor say aye. 19 MR. GLASMA: And that might be true but 20 (A chorus of ayes.) 20 the fact of the matter is that the packet for 21 MAYOR BURD: And any nays? 21 today's City Council meeting in which you are 22 MS. SPEARS: Nay. 22 voting on the consent agenda, it was not 23 MAYOR BURD: Okay, ayes have it. Let's 23 available, and I don't think it is my 124 move on Thank you very much We appreciate rt 124 responsibility as a citizen to go through every 14 ( Pages 50 to 53 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 54 Page 56 1 packet that's available on the web page until I 1 MR. GILMORE: Tom Gilmore, county 2 find the document available for this meeting. 2 resident. One footnote on the project that we 3 MAYOR BURD: The clerk informed me that 3 just talked about here, my father was almost 4 we never copy agreements to save paper. 4 killed last spring from a truck driver 5 MS. PICKERING: When there are no 5 transporting sand from an illegal mine over to his 6 changes made after a committee of the whole, 6 Route 71 location. It is in litigation right now, 7 otherwise the packets would be recopying a lot of 7 and this is the same operator that wanted to put a 8 the same material over and over. 8 landfill in the city limits. So much for his 9 MR. GLASMA: And I understand that but 9 operations. Thank you. 10 as a resident I have a problem with that. As 10 MAYOR BURR: Okay. Any other comments? fi 11 residents it is not our responsibility to review 11 MR. DUCELL: Good evening. Fred Ducell, 12 every packet that's available on the web page. If 12 Yorkville resident. If we are still considering 13 it is up for a vote today, I think it should made 13 the land use on this gravel pit, I would like to 14 available to the residents for their review. 14 emphasize that we consider -- or not consider 15 MAYOR BURD: Okay. Perhaps in the 15 doing this as a dog park only because I have seen 16 future you might want to put in the packet that 16 too many residents where I'm living that have 17 for more information on this item, look at 17 forgotten to clean up after their pets, and I 18 committee-of-the-whole packet number whatever date 18 think it would be a horrendous situation in 19 so that the residents can find that information 19 something like that. Thank you. 20 without searching for it through all kinds of 20 MAYOR BURD: Any other comments? All 21 agendas and -- 21 right. Then let's move forward to our consent 22 MS. SPEARS: I -- sorry. 22 agenda, anyone who would like a motion to amend 23 MAYOR BURD: You want to comment on the 23 our consent agenda? 24 citizen's comments? 24 MS. SPEARS: I request that we remove Page 55 Page 57 I 1 MS. SPEARS: I was going to comment on 1 Item 14, intergovernmental cooperation agreement, 2 his. Go ahead. 2 and bring it forward to our next City Council 3 MAYOR BURR: Go ahead. 3 meeting. 4 MR. MUNNS: This is citizens comments. 4 MAYORBURD: Second? 5 MAYOR BURD: Anyway, we are going to the 5 MR. WERDERICH: Second. 6 consent agenda, so if anyone would like to amend 6 MAYOR BURD: All in favor say aye. 7 the consent agenda to remove Item 14 -- I m sorry, 7 (A chorus of ayes.) 8 there is another citizen comment. Come forward. 8 MAYOR BURD: Anyone against, nay? i 9 MR. NICKELSON: Good evening, my name's 9 MR. GOLINSKI: Nay. 10 Dan Nickelson, and I actually didn't come here 10 MAYOR BURR: Let's do a roll call. 11 planning to to speak on this, but after hearing 11 MS. PICKERING: Leslie. 12 this matter of reducing the size of the lake, 12 MR LESLIE: Aye. 13 taking out a swimming and recreational facility 13 MS. PICKERING: Munns. 14 that provides some very unique opportunities to 14 MR. MUNNS: Nay. 15 this area that aren't readily available, I would 15 MS. PICKERING: Plocher. 16 strongly encourage you to stay with the beach 16 MF, PLOCHER: Aye. 17 idea. I grew up swimming in a beach. It is 17 MS. PICKERING: Spears. 18 absolutely fantastic. It was a great opportunity. 18 MS. SPEARS: Aye. 19 Mr. Hamman out of this agreement 19 MS. PICKERING: Sutcliff. 20 will yield 39 acres more of development, 70 20 MS. SUTCLIFF: Aye. 21 townhomes. That's a substantial impact to this 21 MS. PICKERING: Werderich. 22 community and to the school district. Thank you. 22 MR. WERDERICH: Aye. 23 MAYOR BURD: Thank you. Any other 23 MS. PICKERING: Besco. 24 comments from the citizens? Okay. 24 MR. BESCO: Aye. I 15 ( Pages 54 to 57 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 Page 58 Page 60 1 MS. PICKERING: Golinski. 1 STATE OF ILLINOIS ) 2 MR. GOLINSKI: Nay. ) SS. 3 MAYOR BURR: Okay, the ayes have it. We 2 COUNTY OF DU PAGE ) 4 will remove it from the consent agenda. I would 3 I, Lynette J. Neal, a Certified 5 like to entertain a motion to approve the consent 4 Shorthand Reporter, do hereby certify that I 6 agenda as amended. 5 reported in shorthand the proceedings had at the 7 MR. LESLIE: So moved. 6 City Council hearing and that the foregoing Report 8 MR. MUNNS: Second. 7 of Proceedings, Pages 3 through 59, inclusive, is 9 MAYOR BURR: Okay. Can we have a roll 8 a true, correct, and complete transcript of my 10 call vote, please. 9 shorthand notes so taken at the time and place 11 MS. PICKERING: Leslie. 10 aforesaid. 12 MR LESLIE: Aye. 11 I further certify that I am neither 13 MS. PICKERING: Munns. 12 counsel for nor related to counsel for any of the 14 MR MUNNS: Aye. 13 parties to this suit, nor am I in any way related 15 MS. PICKERING: Plocher. 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 MR. PLOCHER: Aye. 16 I further certify that my 17 MS. PICKERING: Spears. 17 certificate annexed hereto applies to the original 18 MS. SPEARS: Aye. 18 transcript and copies thereof, signed and 19 MS. PICKERING: Sutcliff. 19 certified under my hand only. I assume no 20 MS. SUTCLIFF: Aye. 20 responsibility for the accuracy of any reproduced 21 MS. PICKERING: Werderich. 21 copies not made under my control or direction. 22 MR WERDERICH: Aye. 22 23 MS. PICKERING: Besco. 23 24 MR. BESCO: Aye. 24 Page 59 Page 61 =. 1 MS. PICKERING: Golinski. 1 In testimony whereof, I have 2 MR. GOLINSKI: Aye. 2 hereunto set my hand this 18th day of June, A.D., 3 (Whereupon the public 3 2007. 4 hearing portion of the 4 5 May 22, 2007 City Council 5 6 meeting was concluded.) 6 Lynette J. Neal 7 - - - 7 CSR No. 084-004363 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 I 19 19 20 20 21 21 22 22 23 23 24 24 16 ( Pages 58 to 61 ) DepoCourt Reporting Service ( 630 ) 983 - 0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY ILLIN HELD IN THE CITY COUNCII. CHAMBERS, DRAFT] 800 GAME FARM ROAD ON lu, TUESDAY, JUNE 12. 2007. l\ Mayor Burd called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward Leslie Present Werderich Present Ward II Golinski Present Plocher Present Ward III Mumts Present Sutcliff Present Ward N Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Police Chief Martin, Director of Park & Recreation Mogle and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, June 19, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, June 19, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, July 3-, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, July 3, 2007 City of Yorkville Conference Room PRESENTATIONS Moose Lodge Members of Moose Lodge 92371 presented Chief Martin with a check for $2,000.00 to be used to purchase a defibrillator for a squad car. Chief Martin thanked the Moose Lodge and noted that this is the third defibrillator the lodge has purchased for the Police Department. Park Naming Contest Winner Mayor Burd reported that Mauna Shannon, a fourth grader at Grande Reserve Elementary School won the park naming contest with her essay. She turned the floor over to Park & Recreation Department Director Dave Mogle who provided the Council with background on the contest. He explained that about two years ago the Park & Recreation Department embarked on a project located next to Grande Reserve Elementary School. This park was known as Grande Reserve Park "D". When thinking about the best way to name the park, it was suggested to having a park naming contest. He turned the floor over to Sylvia Torto, Principal of Grande Reserve Elementary School to explain the contest. The Minutes of the Regular Meeting of the City Council — June 12. 2007 — page 2 Mrs. Torto explained that the contest was tied into the Character Counts program. When Mr. Mogle asked about holding the contest, the pillar the students were studying was "citizenship" and the essay contest was aimed around this. All students were asked to submit an essay, each class room picked one and then from these essays, one was picked from each grade level. From these finalists, Maura Shannon's essay was chosen and the park will be named "Stepping Stone Park". Miss Shannon read her essay for the City Council. She was then presented with an American flag from Mrs. Torto, a United City of Yorkville flag from Mayor Burd and a plaque and gift card from Director Mogle. Swearing-in of Officers Mayor Burd, Chief Martin and Police Commissioner Bob Johnson swore in Jordan Poulos and Mitchell Carlyle as patrol officers for the United City of Yorkville. PUBLIC HEARINGS None. CITIZEN COMMENTS Carol Foster of 1312 Chestnut Circle questioned the City Council about the status of the traffic light on Route 34 and Sycamore. She noted that the apparatus has been in place since 2001 and with the increase in traffic it is difficult to make a left hand turn out of the subdivision. She understood that the funding for the light is in the budget and thought it would be installed in May or June 2007. Mayor Burd explained that this issue is a top priority and is on the agenda for the June 19, 2007 Committee of the Whole meeting. Ms. Foster also expressed her concern regarding John Street being a thoroughfare because when Copley gave their presentation regarding their new facility, the hospital seemed to be in the path of were John Street should connect She noted that there is no alternate east/west route in the area and in an emergency on Route 34 a connected John Street would give an alternate route or detour. She asked that this be considered. Louise Easton, 1382 Chestnut Circle, commented on the pond in Fox Hill behind the Dreyer facility. She stated that the water is not being circulated and the pond has become stagnant, buggy and smelly. She also had another concern about the semi-trucks pulling out on to Route 34 out of the Kendall Marketplace construction site. She indicated that the trucks are pulling out fast into traffic. Alderman Mums agreed with Ms. Easton regarding the trucks coming out of the construction site. Chief Martin stated he would have officers in the area to help prevent this. - Alderman Basco asked that the pond be put on the Public Works Committee agenda for further investigation. Karen Fisher, 1391 Chestnut Circle, also commented on the condition of the pond. She indicated that it is full of algae and weeds and could be a breeding ground for mosquitoes. She stated that if the pond was better maintained, it would be a nice area. Randy Scott, 45 Highview Drive, asked the City Council to consider a moratorium on banks however one is needed on the south side of the town. He also noted that more restaurants would be nice. Aldennan Spears noted that this has been brought up before and hopefully it can be discussed by the new City Council. CONSENT AGENDA 1. Monthly Treasurer's Report for April 2007 (ADM 2007-42) 2. Resolution 2007-37 - Approving a Policy regarding Minute Taker's Hourly Wages - authorize the Mayor and City Clerk to execute (ADM 2007-39) 3. RFP Audit Results - award to Wolf& Company, LLP as presented(ADM 2007-45) 4. Riemenschneider Park Play Equipment RFP Results — approve the purchase ofplay equipment in an amount not to exceed $87,270. 00 as presented (PKBD 2007-07) 5. Park Naming Request for Grande Reserve Park D — approve the nine Stepping Stones Park (PKBD 2007-09) 6. Resolution 2007-38 - Authorization to Apply for OSLAD Grant for Raintree Park B - authorize the Mayor and City Clerk to execute (PKBD 2007-11) 7. Approval of Historical Street Names (COW 2007-03) a. Mary LaGow b. Ton & Theresa Kager Mayor Bard entertained a motion to approve the Consent Agenda. So moved by Alderman Leslie; seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council — June 12, 2007 — page 3 Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL ' No report MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meetings of January 23, 2007, April 24, 2007 and May 8, 2007; seconded by Alderman Bosco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated May 31, 2007 totaling the following amounts: checks in the amount of $347,827.25 (vendors — FY 06/07); $2,218,399.85 (vendors — FY 07/08); $236,144.81 (payroll period ending 5/12/07); $278,533.40 (payroll period ending 5/26/07); for a total of $3,080,905.31 (total); seconded by Alderman Bosco. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions Mayor Burd reported that she previously appointed Jeff Baker as chairman of the Zoning Board of Appeals and as such he has a seat on the Plan Commission representing the ZBA. She entertained a motion to appoint Jeff Baker to the Plan Commission. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT MIT Audit Report #58 City Clerk Milschewski reported that she received Audit Report No. 58 from the Illinois Department of Transportation (IDOT) which covered the receipt and disbursement of Motor Fuel Tax (MFT) for the period of January 1, 2006 to December 31, 2006. The net balance of MFT funds as of December 31, 2006 was $418,118.23. Clerk Milschewski requested a motion to accept the IDOT Audit Report No. 58 as presented. So moved by Alderman Leslie; seconded by Alderman Werderich. Alderman Spears had a question about the last spread sheet in the report; last column. She questioned the figure $90,788.27 and the notation "need to credit' and the figure below it in the amount of$45,329.28 and the notation "need to auth salt". Alderman Besco noted that the City is allocated a certain amount of salt and it may not have been used and these figures may reflect this. Alderman Spears asked that this be verified with Director of Public Works Dhuse when be returns from vacation. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Plocher-aye, Spears-present, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Munns-aye CITY TREASURER'S REPORT No report The Minutes of the Regular Meeting of the City Council — June 12. 2007 — Dage 4 CITY ADM[NISTATOR'S REPORT Information Memo Interim City Administrator Olson reported on his memo dated June 12, 2007 which outlined what went on during the week. Mr. Olson pointed out the table on page 2 which contained the figures on bow many calls were received at City Hall concerning the change in the garbage contract. He noted that on the heaviest call day, there wasjust over one call every two minutes and these calls were disbursed between two employees. Mr. Olson also reported on the scheduling of aldermanic tours of the City departments. He stated that today's tour was of the Public Works Department. Bank Moratorium Mr. Olson also commented that a moratorium on banks is common around Chicagoland and that he will do research on it. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Public Works Department Aooreciation Day Public Relations Officer Spies reported for Director Dhuse who was on vacation. She reported that the Public Works Department Appreciation Day on June 9, 2007 was attended by approximately 100 residents. Director Dhuse wished to thank the staff who helped out with the event. Alderman Golinski reported that he attended and it was well ran. CHIEF OF POLICE'S REPORT Citizen's Police Academy Chief Martin reported that thirteen people graduated from the Citizen's Police Academy on May 29, 2007. He stated that it was a nice event and he hoped the graduates will join the Citizens Police Academy Alumni Association. New Police Officers Graduate He also reported that two new police officers will be graduation the Police Training Institute on June 22, 2007. Another officer will be graduating from the College of DuPage and will begin the twelve week program afterward. Radar Sign Chief Martin reported that the radar sign has been installed downtown on Route 47 and will monitor the north bound traffic. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that Music Under the Stars on Friday, June 9, 2007, the Farmer's Market and the Walter Payton "Sweetness" ran on June 9, 2007 were well attended. He also reported that there would be a Movie in the Park event on Friday, June 15, 2007 and beginning June 29, 2007 there will be four park open houses. The first will be at the Raintree Park "A". COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Ms. Spies reported on the following events: o Sweetness Run — 300 people attended the Second Annual Kendall County "Sweetness" Run held at the Yorkville High School on June 9, 2007. It was a well run event with positive comments from attendees. o 50`a Anniversary Celebration — a special Music Under the Stars will be held on June 27, 2007 in honor of the 501h Anniversary Celebration. o Green Scene Mural — Alderman Werderich participated in the Green Scene Mural at Waubonsee Community College which will be on display at City Hall. o 4t° of July — an Ice Cream Social will be held at 1:30 in the gazebo at Town Square Park and the City will have a float in the parade. o Newsletter — Some aldermen have indicated they would like to have a ward newsletter. Ms. Spies suggested a link on the City's website to these newsletters as well as a ward page where aldermen could submit information to be posted. COMMUNITY & LIAISON REPORT Alderman Spears reported on the following events: o Senior Expo and Ridden Treasure Fair - coordinated by State Representative Ruth Munson, will be held on June 19, 2007 at the Dundee Township Park District Senior Center in Carpentersville, Illinois from 9:00 a.m. to noon. There will be an appraiser present for those interested in bringing their antiques. The Minutes of the Regular Meeting of the City Council — June 12, 2007 — page 5 • Elder Rights Conference — the 21 " annual event will be held in Lincolnshire July 17 — 19, 2007. State legislators will be present and information from the conference will be taken to the federal government. • Kencom — their CAD system has been upgraded to a state-of-the-art system and the kinks in the system have been remedied. Cable Consortium Mayor Burd reported that she appointed Alderman Golinski to the Cable Consortium where he will have the right to vote on behalf of the City. There was some discussion regarding liaisons to the Library Board and Metra. Alderman Leslie asked to remain as the Library Board liaison while Alderman Werderich indicated that he would be the liaison to the Metres Alderman Besco asked for information on when the Yorkville-Bristol Sanitary District meets and Interim City Administrator Olson indicated he would get the information for him. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2007-45 Amending City Code to Remove City Attorney Stipend (CC 2007-12) A motion was made by Alderman Leslie to approve an ordinance amending City Code to remove the City Attorney Stipend; seconded by Alderman Plocher. Mayor Burd noted that the code gave a stipend of $9,500.00 to attend evening meetings. She stated that she felt it was archaic now that the City Attorney is paid per hour. Alderman Leslie asked if the stipend was included in the current budget and if so could it be allocated elsewhere. Motion approved by a roll call vote. Ayes-9 Nays-0 Spears-aye, Sutcliff-aye, Werdericb-aye, Besco-aye, Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye ADDITIONAL BUSINESS Buffering Alderman Leslie reported that he received an e-mail from Mr. & Mrs. Price of the Sunflower subdivision regarding the buffering for Fountainview Plaza. He stated that be will discuss this with Director Miller. He felt it was important to make sure developers put in what is required in regards to buffering. Grande Reserve Park Lights Alderman Munns reported that he bad the opportunity to umpire at the Grande Reserve Ball Field and it was one of the best things he has seen in Yorkville; kids enjoying playing under the lights. He noted that be was told that the lights are turned off at 10:00 p.m. no matter what inning the game being played is in. He asked if this was agreed to in writing. Director Mogle explained that this was agreed to because of the neighboring homes close by and that the lights are turned off at 10:00 p.m. on weekdays and 10:30 p.m. on weekends. Alderman Mums asked if the turn-off time could be readdressed. He also asked when the concession stand/bathroom building will be operational. Director Mogle indicated that it should be open by July 3, 2007. Wal-Mart Alderman Mums reported that he heard a rumor that the Wal-Mart store in Yorkville "is dead". Interim City Administrator Olson stated that the final plat is still on the Plan Commission agenda. Mayor Burd stated that the project was moving forward as she had received a progress report on the project. Fox Hill Medians Alderman Munns noted that the medians in Fox Hill are full of weeds and are not being maintained. He asked if it could be investigated if the maintenance and possibly some plantings could be included in the Special Service Area fee. Alderman Sutcliff commented that she spoke The Minutes of the Regular Meeting of the City Council — June 12, 2007 — nage 6 with Director Miller regarding this problem who indicated that it should not be a problem to improve the medians and add the maintenance to the SSA. Elevator Inspections Alderman Besco voiced his concem regarding elevator inspections in the City. He noted that the inspection certificate in the Rush-Copley building was dated 2002 and it has recently disappeared from the elevator. He suggested that the Building Inspector take a closer look at the inspections. Stop Sign on Countryside Parkway Alderman Besco reported that he was going to discuss with Director Dhuse if there are funds in the budget for a flashing stop sign for the intersection of Countryside and Center Parkway. Alderman Spears recommended that the same type of sign as the one used on Van Emmon and Heustis Street be installed. Heartland Circle Park Alderman Spears asked Director Mogle about the progress on the Heartland Circle park and he indicated that the park concept will be done this summer and there will be an open house in August to present it to the residents. Mayor's Caucus Mayor Bard reported that she attended, along with Aldermen Spears, Sutcliff and Plocher, the Mayor's Caucus on June 8, 2007 in Chicago. She stated that it was a wonderful event held at the Chicago History Museum and was an opportunity to network with other mayors. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a viva voce vote. Meeting adjourned at 8:06 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Dlinois Page 1 of 14 RAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, May 15, 2007 — 7:00 pm In Attendance: Citv Valerie Burd - Mayor Michael Roth — Interim City Attorney Gary Golinski — Alderman John Crois — Interim City Administrator Rose Spears - Alderman Eric Dhuse — Public Works Director Joe Besco — Alderman Susan Mika — Finance Director Robyn Sutcliff— Alderman Travis Miller — Community Development Director Wally Werderich - Alderman David Mogle — Executive Director Parks & Rec. Joe Plocher — Alderman Glory Spies — Community Relations Director Marry Munns — Alderman (arr. 7:40pm) Bill Powell — Treasurer Bart Olson — Assistant City Administrator Joe Wywrot — City Engineer Chief Harold Martin — Police Department Sgt. James Presnak — Police Department Guests: Kelly Kramer — Attorney Mr. Chris Earl Tony Scott — Kendall County Record Ken Koch John Philipchuck — Attorney Jason Wiesbrook Tony Graff Lance & Carolyn DeVries Jim Gary Mayor Valerie Burd called the meeting to order at 7:00pm. PUBLIC HEARING: None PRESENTATION: 1. Cobblestone North — Concept Plan Attorney Kelly Kramer was present on behalf of Cobblestone North. She stated this is a 49.7-acre commercial site on the southeast corner of Rt. 34 and Eldamain. It received a unanimous recommendation from the Plan Commission last week. The primary access is along Rt. 34 and will line up with the Sexton property with a possible lengthy access road if a second entrance is approved. Page 2 of 14 Travis Miller commented that that Faxon Road extension near this property, will be farther south than shown on the Comprehensive Plan and he asked Ms. Kramer to make her client aware of this. Mayor Burd asked how the Rte. 34 improvements would be handled because she had spoken with Plano's Mayor who had some concerns. Mr. Miller said that nearby property owners had a recent meeting to discuss a joint project rather than to work with IDOT separately. Rte. 34 will be widened with turn lanes and ultimately there will be six lanes. Property owners have been asked to dedicate land for this project. The County plans to extend Eldamain south across the river to High Point Road. Alderman Plocher inquired about the possible retailers in this commercial development, however, it is not known at this time. ECONOMIC DEVELOPMENT COMMITTEE: (Vice Chairman Gary Golinski substituted for Jason Leslie in his absence) 1. EDC 2007-18 Building Permit Report for April 2007 There were no comments and this report is FYI only. 2. PC 2006-95 Kleinwachter — Final Plat of Subdivision This was approved by the Plan Commission 7-0 and subject to staff comments. Mr. Miller added that the property was annexed and zoned last summer as a special use for a daycare facility to be constructed this year. The petitioner will adjust their engineering plan according to City recommendations. This item will move to City Council consent agenda subject to staff comments. 3. PC 2007-11 Fountain View — preliminary and Final Plat of Subdivision The Plan Commission also approved this request for a plat of subdivision by a 7-0 vote, subject to staff comments. This is a 3-lot commercial area at Rt. 47 and Fountainview Drive. Kelly Kramer, Attorney for this project, said there were no exceptions to the staff comments. It was recommended this move to the consent agenda subject to staff recommendations. 9. PC 2007-10 Rush-Copley — Final Plat of Subdivision On a 7-0 vote, the Plan Commission also recommended approval of this project subject to staff comments. Attorney John Philipchuck was present on behalf of this development. A Power Point presentation was shown for the benefit of the new Aldermen and he explained this is a 40-acre parcel on the south side of Rt. 34 just west of the County government center and near the future Beecher Road extension. It is comprised of 2 lots with the larger parcel for the Rush-Copley Healthcare Center. There will be a health club, hospital and office building. Other features are unique Page 3 of 14 architecture, on-site detention, bike path along Veteran' s Parkway and Beecher and a pond. Inside the complex will be a surgery center, lab and other types of services. Alderman Sutcliff asked about John Street connecting to the property. It will connect and there will be a circle drive around the complex. Bike trails will be constructed in lieu of sidewalks and Mr. Miller noted that Plano is also considering a trail. The trail will continue on the east side of Rt. 47. It will shift to the north side of Rt. 34 most likely near the courthouse complex. It was noted that the City has also met with Kane County regarding the continuation of the trail system. Alderman Sutcliff asked if bike racks could be included. Ms. Sutcliff said that some Fox Hill residents are upset about the parking garage of this facility being so close to the townhouses. Increased landscaping will be used to act as a _. buffer. Travis Miller also said that issue was brought up in the Public Hearing and the garage will be angled to shield it from the townhomes. This item will move to the consent agenda subject to staff comments. S. PC 2006-97 Castle Bank Trust #8342 — Annexation and Zoning This item appeared before the Plan Commission in April and was given a positive recommendation for annexation and rezoning. R4 zoning is being requested for an assisted living/nursing home and B3 zoning is requested for commercial property in the front. There was concern for oak trees on the property and Mr. Miller recommended approval of the project subject to staff comments. Alderman Werderich questioned the land cash and school transition fees being waived. Mr. Miller said this is normal for such a facility since it would not require a school and that land cash is tied to residential development. Transitional fees would apply to an influx of students if there were a school. Mr. Werderich also asked about the exculpatory rider that states there is no liability to Castle Bank and that the only people liable are those related to the trust. Ms. Kramer said the developer signed a disclosure. Alderman Spears commented that this development was a great mix with the commercial as well as the assisted living. This item moves forward to City Council for a vote. 6. EDC 2007-10 Visitability Code — Ordinance Discussion Alderman Spears reported that the City conducted a meeting with local builders and they were given a copy of the proposed ordinance. There were 45 builders invited and 11 attended. AMG Builders inquired about a sunken living room on the first floor of their homes since this is one of their trademarks. Ms. Spears recommended a variance for this type of situation since there is access around the first floor. Page 4 of 14 The effective date of the ordinance and whether it would apply to developments already approved were also discussed. One builder questioned why the City would adopt a code that only affected I % of the population. Ms. Spears said the City should take a proactive approach, since many different people may live in that home in its lifetime. She also said that 50,000 veterans now require some special accessibility. Pulte Builders had a concern with the "no step" requirement and said they had to repair a water problem in Bolingbrook due to this requirement. Ms. Spears compared the "no steps" to banks, theatres, stores who often have no steps. She said the "no step" requirement was removed from Yorkville's code. Alderman Besco asked about the flooding problem and if it was due to digging deep. The actual cause was due to the floor being at grade, however, Mr. Miller said this problem could be resolved. It was also noted that a step-free entrance does not necessarily have to be the front entrance. Bill Dettmer recommended phasing in the proposed ordinance and he added an appeals process to the ordinance. He also encouraged builders to submit, in writing, any concerns they had about this code. Two builders did submit concerns and Ms. Spears said those concerns should be researched. Alderman Munns said he had received emails that this is private enterprise and that homeowners are being forced to pay thousands more to accommodate a select group. This is in contrast to public facilities that might serve many. Alderman Sutcliff commented that many of the features are already included such as first floor powder rooms and bedrooms and the changes require very little money. Travis Miller said the changes cost $2,000 to $3,000 extra, not including the step free entrance. The primary issue for the builder, according to Alderman Golinski, is the step-free entrance. Some of the builders would have to alter their designs as a result. He said he favored voluntary compliance with an incentive for builders who comply or perhaps a certain percentage of homes be built with handicap-accessibility. He feels more research is necessary before a final ordinance is adopted. On a personal note, Alderman Plocher commented that his own family has accessibility needs and that this ordinance was a positive step. He approved of awarding incentives. Ms. Spears said she would approve eliminating the "no step" portion, but she encouraged giving incentives to builders who incorporate that feature. She also said if appeals are allowed, then the builder should have the right to appeal the inspection or impact fees. Mayor Burd asked how the City would choose which builders would be required to incorporate the "no-steps". Alderman Besco suggested including language in the annexation agreements. She suggested that buyers should be able to decide if they want a home built to the new code and that it should not be required. Page 5 of 14 Ms. Spears noted that other aspects of the codes were removed from the proposed code such as thermostats, electric boxes, etc., that are not being placed at accessible levels. She also listed other specific features omitted from the ordinance and said they should all be included. Alderman Golinski had concerns for young children being able to reach these controls, however, Ms. Spears said there are safety devices available. It was the opinion of the Mayor that the appeals process should be removed. Alderman Spears agreed and also said that the original code should be kept. However, it was noted that Naperville had some problems enforcing a similar code. Travis Miller asked for time to prepare an incentive policy even if it is not part of the ordinance and he asked for an opportunity to report why some of the components were removed . This matter will return to the next EDC meeting in June. 7. EDC 2007-11 Safe Routes to School Program Update Travis Miller said that municipalities can apply for money for this program and those applications are due by May 31 ". If the application is approved, plans must be finalized before June 30`h. This money would allow for completing sidewalks, trails etc. for safer routes to school. Laura Haake from the Parks Department is currently working on this project. There was no further action at this time. 8. EDC 2007-19 Edward Property — Wooded Area Update Alderman Golinski stated that staff recommended to not proceed with acquisition of this woods based on several factors. The Forest Preserve District has also been contacted about a possible interest in the woods. Alderman Golinski said he hoped that some type of grant might be available for this valuable land and he also said Edwards Hospital wants to recoup some money as well. Ms. Spears also concurred that it should be preserved and suggested that original negotiations should have included a possible donation by the original landowner. Mayor Burd added that scrub trees also need to be saved to serve as buffers and a sanctuary for animals. Alderman Werderich questioned what the per-acre value would be for this land and it was noted that the land cash value is $ 101 ,000 per acre. Resident Lance DeVries of 1701 Candlebury Lane said he represented a majority of people residing in this area. He provided handouts of information from the Conversation Foundation and information for the new Aldermen. The Conservation Foundation is interested in helping the City attain this property. He noted that the recent open space referendum had a 68% support rating. He also presented a petition signed by many nearby residents and he hoped for continued negotiations with Edward Hospital. He said there are 150-year old trees, including oaks and maples, as well as wildlife and plants in this wooded area. Page 6 of 14 The Park Board has discussed this property and Mr. Mogle stated that the Board is faced with numerous projects at this time, some of which the Board is obligated for, based on annexation agreements. Other issues include the recreational value and liability of such an area. He did mention possible conservation development and clean energy grants, but he said that this property would not be a strong Oslad candidate. Mayor Burd challenged the Council to "think outside the box" rather than think of these properties as recreational areas and to think of them as buffer areas. There are a limited number of wooded areas, some of them along Rt. 47 and they should be preserved. She does not wish to see one development after another. Jim Gary of 93 Crooked Creek praised the Mayor' s challenge and said that a value cannot be placed on a natural area such as this one. Alderman Plocher asked if there is a limit to the number of grants applied for in a year. Ms. Suteliff suggested partnering with other organizations and added that while she praised all the parks, she said not all recreation is manufactured. Attorney Kelly Kramer will also talk with Edwards Hospital regarding price negotiations. Since there are other similar properties, Alderman Besco suggested the establishment of a fund so that money is available when the opportunity arises. Another such wooded area is near F.E. Wheaton. This matter will be brought back after more research is conducted. 9. EDC 2007-20 Resolution Transferring Jurisdictional Development Review to the City of Plano (DuPageAsphalt) Travis Miller said this property located at Rt. 71 , Highpoint Road and Budd Road is outside the Comprehensive Plan area and 1 .5 miles from the corporate boundary. An inter-governmental agreement was drafted for this matter, however, Attorney Roth noted that Yorkville would have an opportunity to voice their comments. Alderman Besco requested an improved map of the parcel. Portions of this property have been rezoned and trees are being preserved. This matter moves to the consent agenda. PUBIC WORKS COMMITTEE: (Out of sequence) 4. PW 2007-76 Sunny Valley Farm — Route 126 Drainage Issue Joe Wywrot summarized the drainage problem in this area. Following the construction of the Raintree and Prestwick developments, there is now a continuous flow of water in the swale on the Sunny Valley Farm property. The water is thought to be coming from a previously untapped underground spring. Tile has been installed to reduce this flow since Page 7 of 14 it is affecting the farm operation. Both developers have expressed frustration and they have also asked the City Council to consider contributing to the solution. Mayor Burd said she had met with the farm owner, Mrs. Block, and her son and the engineer they hired. The Mayor said she remembered that the Council had said there would be no negative impact on this property at the time the developments were approved. She said she feels the City has not upheld this agreement and the Blocks have already waited a year for a solution. The Mayor said she had asked staff to determine the problem and noted the cost would be approximately $ 150,000. She asked the City Council to approve this cost and pursue reimbursement from the developers. Alderman Spears asked if the City had initially approved the smaller drainage tiles. The developers installed 8-inch tile in an attempt to fix the problem, however, it was noted that 15-inch tiles should have been used. She also concurred with the Mayor that the City had assured the Blocks no problems would occur and that the City is now obligated to them. It was also noted that the Blocks cannot fulfill their contractual obligation with farmers who contract to farm the land. Finance Director Mika discussed the possible funding sources to correct this problem. Alderman Golinski also asked if the problem with the spring could have occurred without the development. It was suggested by Alderman Besco that the developers should pay for the solution since the problem occurred after development. Offering a legal opinion, Attorney Roth said even though the City approves plans, that does not hold them liable for such problems. He said it would be appropriate to find the source of the problem and determine whose responsibility it is. He cautioned the City about setting a precedent. Jason Wiesbrook, representative of a surveying and engineering firm for the Block was also present. He cited an Illinois State Drainage Law that states that drainage cannot adversely affect land. Chris Earl, farm manager for the Blocks for 18 years, said the standing water is not good for the cattle since they congregate in that location. He noted this area has not dried out since last April. Alderman Munns asked if this matter had been brought before the City Council, however, it had only been brought to staff up to this point. Mr. Wiesbrook asked for a firm date for some type of action and it was decided this matter will be addressed in Executive Session prior to the City Council meeting on May 22❑d to make a decision. Page 8 of 14 1. PW 2007-73 SCADA Project — Change Order #1 This change order would add two sites to the SCADA project that would allow the opportunity to view data regarding operation of the system. Mr. Wywrot said the funds are budgeted. This change order was recommended to move forward to the May 22"d City Council meeting for approval on the consent agenda. 2. PW 2007- 74 Rob Roy Creek Interceptor (North Branch #1) — Change Order #2 The change order is for crop damage incurred and also for sewer stubs, backfill and bolt- down type manhole lids all for a cost of slightly over $20,000. Since the contract for the crop damage had already closed, Mr. Wywrot asked that it be covered under another contract. Ms. Spears asked the City Attorney to review this action. On a suggestion by Eric Dhuse, the crop damage portion will be pulled out and the remainder of the contract will be moved to the May 22"d City Council meeting. 3. PW 2007-75 IDOT Highway Permit and Resolution — Kleinwachter Development This is a standard highway permit that needs approval by City Council to authorize the Mayor and City Clerk to sign the resolution. A bond is needed from the developer to insure satisfactory work. This moves to the Council consent agenda. (Out ofsequence) 5. PW 2007-77 Fox Highlands — Final Acceptance & Bon&LOC Reductions #2 Joe Wywrot said the punchlist is being worked on and he requested that this letter of credit be accepted and the remaining items will be completed during the warranty period. He said the public improvements are streets, water, sewer, lights and trees. This moves to the Council consent agenda. 6. PW 2007-78 Fox Hill Centre — Final Acceptance & LOC Reductions #2 This is the commercial development at the corner of Rte. 34 and Sycamore. The punchlist is complete and Mr. Wywrot recommended acceptance of the public watermain and the sanitary sewer. He noted that $45,000 will be withheld for one year. This moves to consent agenda. 7. PW 2007-79 Game Farm Road/Somonauk Street — IDOT Funding Agreement, Engineering Services Agreement and MFTAppropriation Resolution The preliminary plat has been approved and Mr. Wywrot commented that the project will be partially funded through the Kane/Kendall Council of Mayors. They will fund 50% of the engineering and MET will fund the City's 50% share. A completion date is 2009. This moves to the consent agenda. Page 9 of 14 8. PW 2007-80 SLF Yorkville — Plat of Easement This Plat of Easement is for a development at 242 Greenbriar Road and includes easements for watermain and stormwater detention as well as easements for future utilities. Approval of the plat was recommended and this item moves to the Council consent agenda. 9. PW 2007-81 Fountain Village of Yorkville (Lots 4 & S) — Plat of Easement This plat is for the south side development that includes Walgreens. Locations of easements and easement language were revised at Walgreens' request since they wanted the easements on the property perimeter. Attorney Roth recommended that the City agree to this request provided the Public Works Department feels comfortable with this action and that sufficient easement rights have been reserved to access the property. He cautioned that Walgreens has a history of not repaying for this type of work, however, Alderman Munns said that Walgreens has been a "good neighbor" and generates taxes. This item will move to the consent agenda. 10. PW 2007-82 In-Town Road Program (Phase 2) — Waterman Easement This concerns a watermain project at the end of Fox St. The project plans did not correctly identify the end of the street and a new watermain was placed on private property. As a result, a permanent easement was needed on the private property. Compensation was also requested for some landscaping that was destroyed in the construction and repair work was also needed for the property owners' driveway. These costs will be covered under the In-Town Road Program and this item moves to the consent agenda. 11. PW 2007-66 Greenbriar Lot 200 — Sidewalk Easement Joe Wywrot summarized the history of this easement and said the previous owner of this lot asked that a sidewalk easement across this lot be vacated and placed in a different location. The present owner has requested that the easement be vacated and not replaced. Petitions signed by affected residents in Prairie Gardens and Greenbriar residents were presented to the City. Alderman Werderich said he spoke with Prairie Gardens resident Frank Beckley who said that those residents unanimously do not want a sidewalk. Mr. Werderich also spoke with the owner of lot 200 who said he did not want the easement. Mayor Burd said she had asked that this item be brought back to C.O.W. because she wanted Aldermen to talk with Greenbriar residents. There was concern that the local park would be isolated without a sidewalk. It was noted that Alderman Leslie was going to meet with a Park Board member who resides in Greenbriar. That member, Ken Koch of Buckthorn Court, was present at this meeting and said that before Prairie Gardens was built, the idea was to inter-connect a trail and a conservation easement with Harris. Page 10 of 14 Mr. Koch added that the developer of Greenbriar most likely paid land cash for this easement and he posed the question of the property owner buying back this land. Alderman Werderich asked where the trail easement ends. It ends at the south end of Parfection Park. Since a park was not desired in Prairie Gardens since this is an age- restricted development, the Parks Department opted for a trail in lieu of a park. The Parks Department is hesitant to lose the easement because of so many similar situations in the City, said Mr. Mogle. Alderman Spears suggested this might become a legal issue. In the Attorney's opinion, most land cash ordinances state that if the property is not used for the designated purpose, the land must be given back to the developer or the adjoining property owners. The Mayor and Alderman Golinski both said they do not favor relinquishing this easement and suggested moving the easement instead. In conclusion, Alderman Werderich will speak with the property owner and ask him to sign the documents to vacate and move the easement. DETAIL BOARD REPORT BILL LIST): The following bills were discussed: Page 5: Brownfield Consultants — concerned drilling of wells - grant funds were used Page 8 : Engineering auto cad map subscription — this is the annual license for software Page 29: GPS Software — purchase of hand-held GPS device to locate manholes, etc. Page 41 : Management Association yearly membership — yearly fee for Human Resource legal assistance Page 40: Clark Environmental — mosquito spraying for April, May, June, yearly contract was paid in full PARK BOARD: 1. PKBD 2007-07Intergovernmental Cooperative Agreement — City/School District Mr. Mogle said this agreement is the cooperative arrangement between the City and school for the shared use of each of their facilities. It is a 3-year agreement that expires soon and has been adjusted only slightly. It was noted that a police officer will be present at the middle school and high school during school hours. Alderman Munns asked if this shared use included the baseball fields such as the one behind the high school that is not being used. He asked Mr. Mogle to discuss this with the schools since there seems to be a shortage of fields. Mr. Munns was asked to be part of the Ad Hoc committee comprised of Parks and Schools. This agreement will be forwarded to the consent agenda. Page 11 of 14 CITY COUNCIL REQUESTS: 1. Discuss Governing Ordinance This item was for discussion of the committee structures and how they might be changed. Alderman Munns commented that time has been saved with the present meeting structure. However, some felt open discussion was missing and more knowledge was gained with the previous structure. The following opinions/suggestions were expressed: • Each committee be comprised of 4 members and 2 committees to meet simultaneously • Hold C.O.W. meetings prior to Council meetings • Limit C.O.W. length and use some of both the old and new structure • Chairperson would need to prepare reports to bring to C.O.W. • Suggestion to revert to the old committee structure • Split EDC and Public Works into different meeting nights on the C.O.W. agenda due to the length of EDC • Eliminate one C.O.W. a month and hold 2 committee meetings that night • Schedule presentations at committee meetings rather than C.O.W. • Establish a consent agenda at committee meetings. • If majority of a committee does not wish to move an item forward, the item is removed from agenda Alderman Spears said the ordinance should be reviewed for the benefit of the new Council members. Bart Olson will draft the changes and it will be brought back to the C.O.W. meeting for discussion on June 5t". The Council also briefly discussed the current members of each committee. MAYOR: No report ADDITIONAL BUSINESS: Alderman Spears questioned the fact that Caledonia did not pay their land cash fees and requested to see the agreement that was negotiated. David Mogle answered that $450,000 will be paid on June 1St. He added that the annexation agreement was not clear if the developer should have front-funded this money. The Attorney was asked to review this matter. Ms. Spears also said she had received two phone calls saying the new garbage containers had not been received. The recycling containers are too large for the elderly residents to lift and for some residents, they are too large to store in the garage. Another resident Page 12 of 14 asked if her personal container rather than a container provided, could be used for recycling, but a letter was received stating that a $5 fee would be assessed. Mr. Olson said this fee was written in the contract. Ms. Spears asked the City to find out if personal containers could be used. In a related matter, Waste Management assured the City that their containers would be picked up, however, that has not occurred. Since then, the company said they would provide pickup on May 9`h and 10`h. Veolia has now told the City they would pick up the Waste Management containers if they are placed at the curb. Alderman Munns suggested callers be referred to Waste Management and that the City not allow them to bid again. In another matter, Alderman Spears asked if the agreement for the property on Gawne Lane near the Bruell St. station had been resolved since it was signed on November 23, 2004. The street improvements are not likely to be completed until the next fiscal year. This was related to the pump station project. She suggested the City should find the money to make these improvements since the property is landlocked and she does not feel the residents should have to wait any longer. The cost is thought to be $30,000 and should come from the general fund according to Travis Miller. Ms. Spears was concerned that the City is making promises to residents and not honoring them. She asked City staff to work with the residents to resolve this matter. Mayor Burd asked Alderman Golinski and Plocher to assist. Alderman Golinski said a resident in his ward had a water backup problem and that the City staff responded very well. He thanked Eric Dhuse and his staff for providing excellent customer service. The problem resulted from a sewer collapsing during work for the In-Town Road Program. Alderman Munns asked when the Rt. 34 and Sycamore traffic signal would be installed since he is receiving emails every day. IDOT approval is needed according to Joe Wywrot and he added that it is on hold pending receipt of money owed from Ocean Atlantic. Mr. Munns said this light is critical due to several near-miss accidents. The Finance Director was asked to find the funds and this matter will be brought back to the June 19`h C.O.W. (out ofsequence) CITY TREASURER: 1. Annual Police Pension Statement Mr. Powell presented a handout to the Council and said that earlier this fiscal year, he was requested to submit a report of Police Pension standings. He said the pension fund converted to a private pension in 2001 or 2002 and had been underfunded since 2003 at a rate of 15.2% and in April 2006 it was funded at 31 .5%. This indicates progress. He Page 13 of 14 added that some municipalities do not fund the pensions at all, however, it is an obligation of the City according to Mr. Powell. For fiscal year `07/'08 he said $275,000 was budgeted. In May, there will be two police officers on pension. As salaries increase, the tax levy will need to be increased each year. He said this item was for information and did not require approval. John Crois said that the State of Illinois recently conducted a study of police and fire pensions and found they were not well-funded. Part of the problem is tax caps and limits on tax levies. There is legislation in Springfield to remove the tax caps from pension funds. He complimented the City on their handling of the pension funds. No further action was needed. In another matter, Mr. Powell said the new Aldermen would need to sign the bank signature documents for Castle and Old Second. Other Additional Business Bart Olson said there would be landfill meetings next week to discuss deliberations of the Council. A decision on the landfill will be needed May 291h Mr. Olson also reported on the search for a new City Administrator and told the Council about the activities that would occur during the decision-making process. Mayor Burd said she would like to follow the recommended process to obtain the most qualified candidate. It was noted by Alderman Plocher that Bill Dettmer had met with Mr. Hamman on May 9th and he wondered when the report would be received. It will be available in a day according to Mr. Crois. Mayor Burd said several residents near her residence asked for signs that say "local traffic only" during the street construction. Residents on Heustis asked for "one way" signs during the construction time. Mr. Dhuse said a substance had been applied to control the dust and he said the contractor should be finished there next week. Ms. Burd also said the Police Department has ordered cones that say "drivers must stop for pedestrians in crosswalks" and they will be placed near the Pride Pantry on Rt. 47. The police can ticket drivers who do not stop. The Mayor said she had attended a recent Library Board meeting and presented them a proposal regarding the Old Barn Museum in Newark. The museum has 6,000 Indian Page 14 of 14 artifacts in this private collection that can also be viewed on a website. Ms. Burd said the Executive Director, the owner' s daughter, met with her after the elections and suggested a partnership with the City to display some of the artifacts in the City. Mayor Burd said it would be an honor to display these items. Since the Father's health is not the best at this time, he is not able to offer tours as much. The Director is looking for partners and trying to find grants as well as display cases for the artifacts. The Library was very receptive to this proposal and they will visit the museum. There was no further additional business and the meeting was adjourned at 11 :25pm. Minutes by Marlys Young, Minute Taker Page I of 3 COMMITTEE OF THE WHOLE DRAFT Tuesday, June 5, 2007 7:00 P.M. City Conference Room Present Mayor, Valerie Burd Interim City Attorney, Mike Roth Alderwoman Rose Spears Police Chief, Harold Martin(arrived @ 9: 10) Alderman Wally Werderich David Mogle Alderman Joe Plocher Finance Director, Susan Mika Alderwoman Robyn Sutcliff Treasurer, Bill Powell Todd Millron, county resident Assistant City Administrator, Bart Olson Jim LaPorta Denise Kasper Judy Dyon Kathy Farren, Record Tom Gilmor Dan Nicholson, Nicholson Logging & Lumber The meeting was called to order at 7:05 pm by Mayor Valerie Burd. Public Hearing None. Presentations: None. Public Safety Committee: 1. PS 2007-07 Police Reports for May 2007 — No further action is needed. Administration Committee: 1. ADM 2007 41 Monthly Budget Report for April 2007 — There was some discussion on some of the items that went over budget. No further action is needed. 2. ADM 2007-42 Monthly Treasurer's Report for April 2007 —The beginning balance was $ 14,032,048. April revenues were $ 14,780,606 and April expenses were $ 11 ,541 ,575 which makes the ending balance $ 17,271 ,080. This will move on to City Council on Consent Agenda. 3, ADM 2007-26 Comp Time Discussion — Decreasing the amount of hours was discussed as well as the amount of time for a grace period for employees to utilize their comp time or cash it out. It was thought a decrease to 120 hours was enough. This will come back in July. 4. ADM 2007-27 Verification of Driver's Licenses — A driver's abstract will be requested from all employees who are required to drive on city time. There would be a 24 hour notice of a suspension or revocation of a driver's license. Discipline would have to be taken on a case by case basis, and there should be a distinction on a loss of license for a medical reason versus suspension or revocation. The job descriptions will be audited and the Department Heads will be asked of there are any other employees who need to drive for their job. This will come back in July. 5. ADM 2007-39 Minute Taker's Hourly Wages — There was discussion on the amount of time in which the minutes should be completed. The proposed rate structure gives an incentive to have them completed within 1 week. The proposed rate structure will move on to City Council on Consent Agenda. Page 2 of 3 6, ADM 2007-43 City Attorney Hiring Process — Thee was discussion about the benefits of hiring a City Attorney and the benefits of contracting with an outside firm. The City Code will be revised to rescind the stipend for attending meetings. The consensus was for the Administration Committee to move forward with interviewing, and hiring an attorney from a firm 7. ADM 2007-44 Utility Bills — The water bills currently are mailed out as postcards. There would be more privacy if the residents received bills that were either folded in half and tabbed shut, or folded and stuffed into envelopes. Susan Mika is looking into a machine that will fold and stuff the envelopes for bills and payroll already, and the city utility bills could be run on the same machine. The consensus was to fold and stuff the bills into envelopes. Susan Mika will keep the Council updated on the implementation of this machine. 8. ADM 2007-45 RFP Results for Audit — Susan Mika had a recommendation on a firm to perform the audit. This will move on to City Council on Consent Agenda. 9. ADM 2007-46 Commercial Garbage Discussion — There was discussion about residents who were either not receiving a bill for their trash removal, or paying a residential rate when they should have a dumpster. The bills should be corrected as per the city ordinance. There was a question about back billing, and if that were to happen, how far back should they be charged. This will be looked into. Detail Board Report Bill list): Some of the items on the bill list were briefly discussed. This will move on to City Council on Consent Agenda. Park Board: 2. PKBD 2007-09 Park Naming Request — A school wide essay contest was held to name the park adjacent to Grande Reserve School. "Stepping Stones Park" was the winner. The child who's name and essay won the contest will be invited to the City Council meeting. This will move on to City Council. 3. PKBD 2007-10 Park and Recreation Public Survey — There was discussion on whether to have a written survey or a phone survey. NIU's Public Opinion Laboratory specializes in phone surveys. There were suggestions for changes on a couple of questions. A representative will be invited to do a short presentation at the next COW. 1. PKBD 2007-08 Prairie Meadows Play Equipment RFP Requests — This park will have a Firefighter theme. The money to pay for this equipment comes from land cash. This will move on to City Council on Consent Agenda. 4. PKBD 2007-11 Raintree Park B Authorization to Apply for OSLAD Grant — This grant is a matching grant with a maximum amount of $400,000. Approval for applying for the grant will move on to City Council on Consent Agenda. Human Resource Commission: 1. COW 2007-03 Approval of Historical Street Names a. Mary LaGow b. Ton & Theresa Kager — These will move on to City Council on Consent Agenda. Page 3 of 3 Mayor: 1. COW 2007-05 Sunny Valley Farms — There is discrepancy about the drainage and whether it is from groundwater or surface runoff. More will be known after the meeting a week from Thursday. City Council Requests: 1. COW 2007-04 Discuss Governing Ordinance — This will come back on June 19`n Additional Business: Alderman Wally Werderich stated that he had gone to the renewable energy fair and painted a rock structure. It is available to put on display. Glory Spies will be contacted. Bill Powell said he had put authorizations for the Bank accounts in everyone's boxes. Alderman Besco also needs to come in to sign an authorization. When the Mayor and Aldermen are finished signing them, they should be returned to Bill Powell. Alderwoman Spears said that with the KenCom Intergovernmental Agreement there was a question on the amount of time for the agreement. Susan Mika said the Drop Payment box is too small. Also, the current location is not the best place. She is open to suggestions about where to put a new, bigger box, and what to do with the old one. The meeting was adjourned at 10:22 pm. Minutes submitted by Laura Leppert. 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 June 19, 2007 COW packet, and was recommended for approval without changes from said draft. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.ii.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/gov mtgss minutes.cfm `\ED C/p` �2 O ESTT. p �1836 <<E \V� ®,�Eo CIr� Reviewed By: Agenda Item Number if ® Legal ❑ Finance El City Council #1 EST. 1836 Engineer ❑ ' L n � � City Administrator ❑ Tracking Number Consultant ❑ Human Resources ❑ COW 2007-04 <LE g!v City Council Agenda Item Summary Memo Title: Revised Governing Ordinance City Council / COW Agenda Date: CC June 26, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: COW May 2007 Action Taken: Discussion Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ® United City of Yorkville Memo A ''g� '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 y 1� ` Telephone: 630-553-4350 ® 1 ,Bi y Fax: 630-553-7575 0,1a seat s� Wn6M C<uny p®p+ �CE X Y Date: V June 20, 2007 To: City Council From: Bart Olson, Interim City Administrator CC: Subject: Governing Ordinance changes At the June 19th COW meeting, I proposed that the current language in the ordinance .- regarding committee chairmen and vice-chairmen be removed and replaced with the language in the old (currently approved) ordinance. After reviewing the proposed ordinance, I decided it was cleaner to remove all references to the committee chairmen and vice-chairmen, and add language regarding the chairmen at a later date. The chairmanship discussions will be placed on a committee of the whole agenda in July for discussion. After the COW meeting, I also realized that little reference was made to Committee of the Whole — so I added references to the Committee of the Whole in the final section of the ordinance (Standing Committees). I have included clean and track changes versions of the ordinance, as well as the original June 5th memo which outlines the committee rosters. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- Amended and Restated Governing Ordinance, United City of Yorkville Addressing. Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, and subsequently passed an Amended Governing Ordinance, on November 14, 2006 as Ordinance 2006-133 and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy, and Whereas, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore, be it ordained as follows: I. Ethical Standards — Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential'. K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manor appropriate for the function. 11. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3.1-35-10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally - A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 4d' Tuesday's of each month immediately following the conclusion of the Committee of the Whole meeting,in the City Hal] Council Chambers_ _ Deleted: a[ 7oo PM B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order (regarding the order of discussion, and time limits) to provide for an open discussion. B. Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman nor mayor shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited: minutes cannot be accumulated. D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10a' Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10a' Edition) page 247, Section 24) G. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3. 1-40- 15) H. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10`" Edition) page 41, line 31) L. May, before voting, participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tem Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item; shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3. 1-40-30) Iv. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration,Economic Development Deleted: ena Committees and the Committee of the Whole,. The Administration Committee shall-------------- Deleted: s meet the first Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers Deleted: I The Public Works Committee shall meet the first Tuesday of each month at 7:00 p.m. in Deleted: shall have their meetings the City Hall conference room The Public Safety Committee shall meet the third incorporated into the Comm mw of the Tuesday of each month at 7.00 p.m. in the City Hall conference room. The Economic Whole meetings of the City council, and be placed on the COW agenda in the Development Committee shall meet the third Tuesday of each month at 7:00 p.m. in the i following manner: I City Hall Council Chambers The Committee of the Whole will meet on the second and 4 Public Safety and Administration on the fourth Tuesdays of each month at 7:00 pm. in the City Hall Council Chambers First Tuesday of each month as necded;¶ 9 Economic Development and Public B. The Public Works Public Safety Administration, and Economic Development Works on the Third Tuesday of each Committees shall include four members (one from each ward) of the City Council, month as needed'¶ including the Mayor. The Committee of the Whole meeting shall include all eight ¶ , Formatted: Bulletr and Numbering aldermen The Mayor is a non-voting member of each committee. 1� �. Indent: Lek: 0.25" <-------------- . Bullets and Numbering C. Shall be presided over by its chairman, who will conduct the business of the meeting en adjourn and yield the V he Mayor, who presides D Shall control the movement of items from committee agendas to Committee of the Whole'" meetings. and Cit�Council agendas Items may not move out of committee but for a vote of ee : I approval by 3 alderment <#>Shall include all members of the City ------ Council, including the Mayor. The --------------------------------------------------- __-----_-- --------------------„__----------_--. ___-_____ Mayor is anon-voting member of each E. Shall have the sole power to assign liaisons to those city organizations that fall under that w, wmminee.¶ committee's specific area of business listed in the City Council agenda as Follows: <a>Shalt have four chairmen and four vice-cbairmen who will serve one-year terms. No alderman shall hold two such Public Works: Park Board, YBSD positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, Economic Development Chamber of Commerce, Kendall County Econ. be selected according to seniority on the Dev., Plan Commission, Bristol Plan Comm. City Council, with the four longest- serving alderman offered, in rum Yorkville Econ. Dev. Corp., Aurora Area COriV. according to seniority, their choice of the & Tourism Council , Downtown Re-development chairmanships, and the few minority members, by the same method, offered their choice of vice-chairmanships. At Public Safety Human Resource Comm., School District, the conclusion of the year, the vice chairmen shall assume the chairmanship KenCom 1 of their committees, with the former chairmen moving man vice chairmanship positions on new committees in the Administration Metra, Library, Cable Consortium following manner: Public Safety to Economic Development; Economic { Development o Administration; , Adminisnationto Public Works; ... t jQOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those _ Formatted: Bullets and Numbering members of the City Council voting, the following action is hereby taken by the City Council of Deleted: the United City of Yorkville: Z:;HIgh1l; z,R9BYN SUTCLIFF JOSEPH BESCO — <('rARY GOLINSKI _--------------WALLY WERDERICI --------- Dented: . ---------------------------- - - - --------------------- ------- OE PLOCHER MARTY MUNNS Deleted: VALERIE BURD T ____ --------______________________________ Deleted: PAUL JAMES . ROSE SPEARS JASON LESLIE Deleted: DEAN WOLFER Deleted: I I A roved b me as Mayor of the United Ci of Yorkville Kendall County, llinois this Formatted: Not Highlight - - PP y y - ----- Ty ------------'----------------Ty ---------'-------- 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. 2006. ATTEST: CITY CLERK Deleted: Prepared by:¶ John Justin Wyethj City AttomeA United City ofYorkville9 800 Game Farm Road¶ Yorkville, IL 605609 Page 7: [1] Deleted Bart Olson 5/31/2007 11:05 AM D.Shall include all members of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. E.Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, be selected according to seniority on the City Council, with the four longest-serving alderman offered, in turn according to seniority, their choice of the chairmanships, and the four minority members, by the same method, offered their choice of vice-chairmanships. At the conclusion of the year, the vice chairmen shall assume the chairmanship of their committees, with the former chairmen moving into vice chairmanship positions on new committees in the following manner: Public Safety to Economic Development; Economic Development to Administration; Administration to Public Works; Public Works to Public Safety. . Page 7: [2] Deleted Bart Olson 5/31/2007 11:11 AM C 1L `i 642S2CN STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- Amended and Restated Governing Ordinance, United City of Yorkville Addressing., Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, and subsequently passed an Amended Governing Ordinance, on November 14, 2006 as Ordinance 2006-133 and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy, and Whereas, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore, be it ordained as follows: I. Ethical Standards — Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one' s constituents, so as to maintain public confidence in City government and in the - performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manor appropriate for the function. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city' s staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3 . 1-35- 10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 4d' Tuesday's of each month immediately following the conclusion of the Committee of the Whole meeting in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order (regarding the order of discussion, and time limits) to provide for an open discussion. B. Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman nor mayor shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited: minutes cannot be accumulated. D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10`h Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10`h Edition) page 247, Section 24) G. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3. 1 -40-15) H. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. 1. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10`h Edition) page 41 , line 31) L. May, before voting, participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tern Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item; shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3 . 1 -40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration, Economic Development Committees, and the Committee of the Whole.. The Administration Committee shall meet the first Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. The Public Works Committee shall meet the first Tuesday of each month at 7:00 p.m. in the City Hall conference room. The Public Safety Committee shall meet the third Tuesday of each month at 7:00 p.m. in the City Hall conference room. The Economic Development Committee shall meet the third Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. The Committee of the Whole will meet on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Hall Council Chambers. B. The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Committee of the Whole meeting shall include all eight aldermen. The Mayor is a non-voting member of each committee. C. Shall be presided over by its chairman, who will conduct the business of the meeting. D. Shall control the movement of items from committee agendas to Committee of the Whole and City Council agendas. Items may not move out of committee but for a vote of approval by 3 aldermen. E. Shall have the sole power to assign liaisons to those city organizations that fall under that committee' s specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp., Aurora Area Conv. & Tourism Council , Downtown Re-development Public Safety Human Resource Comm., School District, KenCom Administration Metra, Library, Cable Consortium NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI WALLY WERDERICH JOE PLOCHER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK ®0�0`0 C!r® United City of Yorkville Memo 4 '" 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 '"— Telephone: 630-553 -4350 ® In ` Fax: 630-553 -7575 an ®2 Date: May 16, 2007 To: City Council From: Bart Olson, Assistant City Administrator CC: Subject: Committee structure At the May 151h COW meeting, consensus direction was given to draft an amendment to the governing ordinance for the purpose of changing the committee structure. This amendment contains two major components. The first is the committee meeting structure. The consensus direction given was as follows: In Tuesday 2° Tuesday J 3` Tuesday 4 Tuesday Administration at 7 p.m. COW at 7 p.m. and Economic Development at 7 p.m. COW at 7 p.m. and Public Works at 7 p.m. City Council Public Safety at 7 p.m. City Council immediately after immediately after COW COW In order to facilitate simultaneous meetings, the following committee rosters are presented for your consideration by the Mayor. These rosters are very similar to the rosters discussed at the May 151h COW meeting. Administration Public Works Economic Development Public Safety I" Tuesday Is' Tuesday 3`d Tuesday 3rd Tuesday Ward 1 Wally Ward 1 Jason Ward 1 Jason [c] Ward 1 Wally Ward 2 Gary Ward 2 Joe P Ward 2 Gary Ward 2 Joe P Ward 3 Marty [c] Ward 3 Robyn Ward 3 Marty Ward 3 Robyn Ward 4 Rose Ward 4 Joe B [c] Ward 4 Joe B Ward 4 Rose [c] The second component to the amendment is how agenda items are approved in committee. The discussion at the May 151h COW meeting involved drafting a section of the ordinance that would require all agenda items to receive three votes of approval in a committee meeting before it was placed on a City Council agenda. Both components are reflected in the draft ordinance amendment that is attached. Finally, there has been some question as to how agenda items will proceed forward from COW to City Council; my recommendation is that each agenda item should be treated on a case- by-case basis. The reason for my recommendation lies in the fact that the new committee structure should allow most agenda items to be discussed at length. After the vote of approval by committee, the committee members should have a good idea as to how lengthy the corresponding COW and City Council discussion should be. It is my recommendation that each item that is approved to move forward be tagged with a COW and City Council agenda date. For instance, if the committee feels that future discussion will be limited, it can schedule the item for COW and City Council on the same night; if the committee feels that discussion will be extensive, it should assign only a COW date and allow the COW to decide when it should go forward for a vote. The fall-back scenario of agenda item scheduling is to always schedule items for COW and City Council on the same night, and allow the agenda items to be tabled/postponed. On a final, specific note, the bill list procedure does not need to change. At a staff level, the Finance department can continue to collect bills with their current deadlines. Instead of placing the bill list on the COW agenda one week and the City Council agenda the next week (as is currently done), the bill list can be distributed one week prior to the City Council agenda (when it would have been distributed with a COW packet) as a separate document, and can be listed on the COW agenda and City Council agenda on the same night. Agenda Item Number PW#1 Tracking Number PW 2007-88 This page serves as a placeholder for the draft document US 34 & Sycamore Road Traffic Signal; a. Smith Enzineering Consultants Design Engineering Azreement; b. MFT Appropriation Resolution, which was included in the June 19, 2007 COW packet, and was recommended for approval without changes from said draft. 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.il.us/gov mtgs minutes.cfm `CEO clrr s o 1636 °,k�D c/T` Reviewed By: Agenda Item Number O J n Legal ❑ Finance F� U EST. .•. 7636 Engineer ❑ `..• '.. l0 y City Administrator F1 Tracking Number x< O Consultant ❑ ��DjL u3i try°2 Human Resources ❑ PC 2007-17 LE City Council Agenda Item Summary Memo Title: Wynstone Townhomes—Restated and Amended Annexation Agreement City Council/COW Agenda Date: JUNE 26,2007 Synopsis: Requesting approval for a Restated and Amended Annexation Agreement originally approved April 6,2000 and recorded June 14, 2000. The amendment includes a Preliminary PUD Plan. Council Action Previously Taken: Date of Action: May 22,2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS WYNSTONE TOWNHOMES WHEREAS, on April 6, 2000, the United City of Yorkville, Kendall County, Illinois, ("CITY"), in accordance with the statutory procedures provided in Section 11 - 15. 1 -1 of the Illinois Municipal Code, approved and entered into an annexation agreement known as the Wynstone Townhomes Annexation Agreement; and WHEREAS, the OWNERS and DEVELOPERS of the Wynstone Townhomes development, and the legal owner of record of the territory that is the subject of the annexation agreement have requested of the CITY that, pursuant to the provisions and procedures set forth in paragraph of said Annexation Agreement, that said Wynstone Townhomes Annexation Agreement be amended and restated as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the OWNERS and DEVELOPERS of the Wynstone Townhomes Development, and the legal owner of record of the territory that is the subject of the Wynstone Townhomes development and Annexation Agreement are ready, willing, and able to enter into an Amended and Restated Annexation Agreement as set forth in Exhibit "Al', and to perform the obligations as required thereunder; and WHEREAS, the corporate authorities of the CITY have determined that it is in the best interests of the United City of Yorkville that the Wynstone Townhomes Annexation Agreement be amended as set forth in Exhibit "A"; and WHEREAS, the statutory procedures provided in Section 11 -15. 1 -1 of the Illinois Municipal Code for the authorization and execution of the amended and Restated Annexation Agreement have been fully complied with; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows: SECTION 1 : That the Mayor be, and is hereby authorized and directed, and the City Clerk is directed, to attest a document known as the "Amended and Restated Wynstone Townhomes Annexation Agreement' set forth in Exhibit "A" hereto, as a comprehensive amendment to the Wynstone Townhomes Annexation Agreement. SECTION 2: That the Amended and Restated Wynstone Townhomes Annexation Agreement made a part of this Ordinance comprehensively amend the Wynstone Townhomes Annexation Agreement entered into and approved under Ordinance No. 2000- 13 . SECTION 3 : That Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER 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 EXHIBIT 4W "D D1 r� Reviewed By: Agenda Item Number JZ v O� Legal ❑ 1. 1 ;�. w Finance ❑lag EST Engineer F-1-- g City Administrator F-1 Tracking Number O �� N O Consultant ❑ PC 2007-13 (ZBA) CE Human Resources ❑ City Council Agenda Item Summary Memo Title: Yorkville Congregational Church—Variance Request to Allow Electric Message Board City Council/COW Agenda Date: JUNE 26,2007 Synopsis: Request for variance to allow an electric message board to replace an existing sign (variance to Code 8-11-3 Paragraph C and E) Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE APPROVING VARIANCE FOR SIGNAGE FOR THE YORKVILLE CONGREGATIONAL CHURCH LOCATED AT 409 CENTER PARKWAY WHEREAS, the Yorkville Congregational Church is the owner of the property legally described in Exhibit "A" hereto, commonly known as 409 Center Parkway, Yorkville, Illinois; and WHEREAS, the Yorkville Congregational Church ("Petitioner") filed a Petition requesting approval of a variance from the strict application of Title 8 (Building Regulations), Chapter 11 (Signs) Section 8- 11 -3.C. and E. of the City Code to allow a ground sign including an electronic message board as described in detail in the Petition which is incorporated by reference herein; and WHEREAS, on June 6, 2007 the Zoning Board of Appeals of the United City of Yorkville conducted public hearing in connection with the proposed sign variation; and WHEREAS, in consideration of (a) the physical characteristics of the land involved, (b) the available locations for adequate signing on the property, (c) the effect of the proposed sign on pedestrian and motor traffic, (d) the cost to the applicant of complying with the strict letter of the sign ordinances as opposed to the detriment, if any, to the public from the granting of the variance, and (e) general intent of Chapter 11 (Signs) of Title 8 (Building Regulations), the Zoning Board of Appeals has rendered its decision recommending that the application for the sign variation be granted, subject to the following three conditions: a. the sign shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.; and b. allow the message board to display up to two (2) separate messages in any given day; and C. no animated scrolling messages be allowed; and WHEREAS, all applicable requirements of Section 8-11 -11 of the Zoning Ordinance relating to the granting of sign variations to the Zoning Ordinance have been met; and WHEREAS, the Mayor and City Council of the United City Of Yorkville have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioner and the conditions recommended by the Zoning Board of Appeals. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, as follows: SECTION 1 . That the recitals contained in the preamble hereto are incorporated as part of this Ordinance. SECTION 2. That the following variation is hereby granted from the United City of Yorkville Code, Title 8 (Building Regulations), Chapter 11 (Signs) Section 8-11 -3 .C. and E. of the City Code to allow a ground sign including an electronic message board as described in detail in the Petition which is attached hereto as Exhibit `B" and incorporated by reference herein, subject to the following conditions: a. the sign shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.; and b. allow the message board to display up to two (2) separate messages in any given day; and C. no animated scrolling messages be allowed SECTION 3 . No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby amended to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect after passage and approval according to law. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2007 by the City Council of the United City of Yorkville. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER 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 Prepared by: Michael M. Roth Interim City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "B" SIGN DETAILS \,��D C/?3. Reviewed By: Agenda Item Number 0� Legal ❑ Finance ❑ EST. (+. _ 1836 Engineer F1 1 ~ q City Administrator ❑ Tracking Number ;P a y `=O Consultant ❑ PC 2007-18 (ZBA) C D�LE Xy� Human Resources ❑ City Council Agenda Item Summary Memo Title: Saratoga Homes—Sign Variance Request City Council/COW Agenda Date: JUNE 26,2007 1) Request that an off-site residential marketing sign be located closer than the Synopsis: required one-quarter(1/4)mile separation from another off-site residential marketing sign and 2)requesting to increase the maximum allowable size for an off-site marketing sign from 64 sq ft to 128 sq ft. Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE APPROVING VARIANCE FOR SIGNAGE FOR THE SARATOGA HOMES PROPERTY LOCATED AT 3600 N. BRIDGE STREET WHEREAS, James Ratos is the owner of the property legally described in Exhibit "A" hereto, commonly known as 3600 N. Bridge Street, Yorkville, Illinois; and WHEREAS, the Saratoga Homes of Illinois, LLC ("Petitioner") filed a Petition requesting approval of a variance from the strict application of Title 8 (Building Regulations), Chapter 11 (Signs) Section 8-I1 -4.B.2. and 8- 11 -71) of the City Code to allow an off-site residential marketing sign within th el/4 mile required separation from another off-site residential marketing sign; and to allow an increase in the maximum allowable size to 128 sq. ft., as described in detail in the Petition which is incorporated by reference herein; and WHEREAS, on June 6, 2007 the Zoning Board of Appeals of the United City of Yorkville conducted public hearing in connection with the proposed sign variation; and WHEREAS, in consideration of (a) the physical characteristics of the land involved, (b) the available locations for adequate signing on the property, (c) the effect of the proposed sign on pedestrian and motor traffic, (d) the cost to the applicant of complying with the strict letter of the sign ordinances as opposed to the detriment, if any, to the public from the granting of the variance, and (e) general intent of Chapter 11 to the public from the granting of the variance, and (e) general intent of Chapter 11 (Signs) of Title 8 (Building Regulations), the Zoning Board of Appeals has rendered its decision: a. Recommending denial of the requested variation from the maximum allowable sign size; and b. recommending approval of an off-site residential marketing sign within the 1/4 mile required separation from another off-site residential marketing sign, subject to the condition that the sign be located as far north on the property as possible while maintaining minimum setback requirements. WHEREAS, all applicable requirements of Section 8-11 -11 of the Zoning Ordinance relating to the granting of sign variations to the Zoning Ordinance have been met; and WHEREAS, the Mayor and City Council of the United City Of Yorkville have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioner and the conditions recommended by the Zoning Board of Appeals. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, as follows: SECTION 1 . That the recitals contained in the preamble hereto are incorporated as part of this Ordinance. SECTION 2. That the following variation is hereby granted from the United City of Yorkville Code, Title 8 (Building Regulations), Chapter 11 (Signs) Section 8- 11 -4.13.2. of the City Code to allow an off-site residential marketing sign within the 1/4 mile required separation from another off-site residential marketing sign as described in detail in the Petition which is attached hereto as Exhibit `B" and incorporated by reference herein, and subject to the condition that the sign be located as far north on the property as possible while maintaining minimum setback requirements. SECTION 3 . No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby amended to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect after passage and approval according to law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2007 by the City Council of the United City of Yorkville. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER 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 Prepared by: Michael M. Roth Interim City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT `B" SIGN DETAILS d - ci I i N! 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