Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet 2007 07-10-07
C'r- United City of Yorkville 0 800 Game Farm Road ESL 1 _ 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 K`°a C-1, Fax: 630-553-7575 ALE �V AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Revised 7/6/07 Tuesday,July 10, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 7:00 p.m., August 7, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., July 17, 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., August 7, 2007 City Hall Council Chambers Public Safety Committee Meeting: 7:00 p.m., July 17, 2007 City Hall Conference Room City Council Meeting Agenda July 10, 2007 Page 2 Presentations: None Public Hearings: None Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—February 13, 2007 and June 26, 2007 Minutes of Special City Council —May 31, 2007 Minutes of Special Meeting between YBSD and City Council—June 28, 2007 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 483,819.26 (vendors) $ 238,118.95 (payroll period ending 6/23/07) $ 721,938.21 (total) Reports: Mayor's Report: 1. Appointments to Boards and Commissions 2. PKBD 2007-16 Whispering Meadows Park Construction Bid Results 3. PKBD 2007-17 Hiding Spot Park Equipment Purchase 4. COW 2007-09 Agreement between the City and the Old Barn Museum City Council Report: 1. COW 2007-11 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: City Council Meeting Agenda July 10, 2007 Page 3 Reports (con't): 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. COW 2007-10 Route 34/Sycamore Road Temporary 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 2. EDC 2007-23 Yorkville Crossing Unit 1 —Crimson Lane Right-of-Way Dedication 3. EDC 2007-10 Ordinance Adding Chapter 16, Visitability Code, to Title 8, United City of Yorkville Municipal Code Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report Additional Business: Executive Session: 1. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: City Council Meeting Agenda July 10, 2007 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC WORKS; -------------------------------- - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 ADMINISTRATION; ------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Committee: Alderman Golinski Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Werderich WORKSHEET CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, July 10, 2007 PRESENTATIONS: 1 . None PUBLIC HEARINGS: 1 . None CITIZEN COMMENTS: Minutes for Approval (Corrections and Additions): Minutes of City Council: February 13, 2007 and June 26, 2007 Minutes of Special City Council: May 31 , 2007 Minutes of Special Meeting between YSBD and City Council: June 28, 2007 Minutes of Committee of the Whole: None Bill Payments for approval: $ 483,819.26 (vendors) $ 238, 118.95 (payroll period ending 6/23/07) $ 721 ,938.21 (total) REPORTS : Mayor's Report: 1 . Appointments to Boards and Commissions 2. PKBD 2007- 16 Whispering Meadows Park Construction Bid Results 3 . PKBD 2007-17 Hiding Spot Park Equipment Purchase City Council Report: 1 . COW 2007-11 Amended and Restated Governing Ordinance COMMITTEE REPORTS: Public Works Committee: 1 . COW 2007-10 Route 34/Sycamore Road Traffic Signal Economic Development Committee: 1 . PC 2007-17 Wynstone Townhomes Restated and Amended Annexation Agreement a. Ordinance Authorizing the Execution 2. EDC 2007-23 Yorkville Crossing Unite 1 - Crimson Lane Right-of-Way Dedication 3. EDC 2007- 10 Ordinance Adding Chapter 16, Visitability Code, to Title 8, United City of Yorkville Municipal Code Public Safety Committee: 1 . No Report Administration Committee: 1 . No Report Additional Business MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY. FEBRUARY 13, 2007. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Bock Present Mums Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Chief Martin, Director of Public Works Dhuse, Director of Park & Recreation Mogle, and Finance Director Mika. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA A motion was made by Alderman Bard to move the City Council Report to before the Citizens Comment section of the agenda; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye, James-aye, Munns-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, February 20, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, February 20, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, March 6, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, March 6, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Rush Copley Medical Center, Inc. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2006-93 Rush Copley Medical Center, Inc., petitioner, as filed an application with United City of '... Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville O-Office '.. District to United City of Yorkville Planned Unit Development Zoning and Preliminary PUD plan. The real property consists of approximately 44.12 acres, located south of Veteran's The Minutes of the Regular Meeting of the City Council — February 13, 2007 — page 2 Parkway, adjacent to the Fox Hill Subdivision, Yorkville, Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-8 Nays-0 Bock-aye, Spears-aye, Burd-aye, Munns-aye James-aye, Wolfer-aye, Leslie-aye, Besco-aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Burd-aye, Munns-aye, James-aye, Wolfer-aye, Leslie-aye, Bosco-aye Bock-aye CITY COUNCIL REPORT Resolution 2007-07 Approving Letter of Intent to School District Rehabilitation of Tennis Courts A motion was made by Alderman Burd to approve a resolution approving a Letter of hitta t to School District 115 for the rehabilitation of tennis courts on Game Farm Road not to exceed $40,000.00; seconded by Alderman Mums. Alderman James expressed his concern about approving something that is not a budgeted item. He recommended that it be approved contingent on the approval of the revised budget. Alderman Burd stated that she brought this item forward because there is an April 20, 1995 agreement which states that the City will maintain the tennis courts and she felt that this was the obligation of the City. She asked that the rehabilitation of the tennis court be included in the budget. She suggested that funds be taken from the White Oak sidewalk project which residents have objected to and be applied to the project. Alderman Spears asked what the terns of the 1995 agreement are. Dr. Engler, Superintendent for School District #115, explained that the agreement was developed in the 1970's for the joint use and maintenance of the tennis courts and parking lot. The agreement does not have an end date. He explained that the parking lot was paved in 1992 without any contribution by the City. He indicated that these are the only tennis courts in the City and the cost to rehabilitate them is between $60,000.00 and $120,000.00. He explained the process needed to rehabilitate them and indicated that this summer the area will be cordoned off due to the rehabilitation of Yorkville Middle School and Yorkville Grade School. It was felt that this would be a good time to address the tennis courts. Alderman Leslie asked what the cost would be to the City. It was indicated that the shared expense would be approximately $40,000.00 for the rehabilitation plus an additional cost for the expansion of the courts. Alderman Bock asked if there was urgency for this project and felt that the funding should be found first. Dr. Engler explained that the School District would like to begin the project in May 2007 so that the courts will be completed by August 2007. He stated that the School District could go ahead with the project and would accept a letter of intent for funds after the City's budget is revised. Mayor Prochaska asked Finance Director Mika to see if funds were available in the contingency fund. Director Mika stated that there are funds available in contingency however other issues have developed and it would be a matter of prioritizing projects. She stated the sidewalk option suggested by Alderman Burd is a possibility. Alderman Morris commented that the City should partner with the School District and that it was a good time to address the courts. Alderman James reiterated that the letter of intent should be contingent on funding. Alderman Spears reminded Dr. Engler that the City asked the School District to participate in a School Study but was told that the School District did not have the funds. She requested a letter of intent from the schools indicating they will give the City $9,000.00 to share in the cost of it The Minutes of the Regular Meetine of the City Council — February 13, 2007 — page 3 participating in the study. Dr. Engler stated that he did not have a problem with this however he '.. would have to ask the School Board for approval. Alderman Burd reiterated that the City already has a contractual obligation to participate in the rehabilitation of the tennis court and this is not something that the Council should be deliberating. She felt that if would be pathetic if the City couldn't find the funding. Alderman Wolfer commented that he did not have a problem moving ahead with the project but he agreed with Alderman James that the letter of intent should be contingent on funding. Mayor Prochaska stated that he did not feel that the City's contribution was excessive. He noted that there may be funds left at the end of the year that could be applied to the project however he noted that the funding of other projects such as the Sycamore light signal have been discussed. He did not recommend taking funds from the sidewalk project. He stated he would take a look at the budget with Director Mika and would make sure funds were available to use for the courts. Alderman Besco stated that when this subject first came to the City it was suggested that the grant writer could take a look to see if there were any grants available for the City or School District that would apply to this. Mayor Prochaska noted that Director Mogle has done some investigation however the City cannot apply for grants because the courts me not on City property. Alderman Wolfer stated he spoke with the White Oak Homeowner Association and was told that they are against the sidewalk coming into their subdivision but they do not have a problem with a sidewalk along Fox Road, Alderman Leslie commented that he did not understand the need for a letter of intent if an agreement already exists. Dr. Engler noted that the letter was not necessary. He stated that he waited to bring the agreement to the City's attention and make the Council aware of the obligation that exists. Alderman Burd stated that she felt that the reason Dr. Engler wants a commitment is because some members of the Council are not quite comfortable with moving ahead with financing the rehabilitation of the courts and she understood his concern. She noted that students and the community would benefit from the rehabilitation and she encouraged the Council to move forward in getting this accomplished. Motion defeated by a roll call vote. Ayes-3 Nays-5 Burd-aye, Spears-nay, Bock-aye, Besco-nay, Leslie-nay, Wolfer-nay, James-nay, Munns-aye A motion was made by Alderman James to approve a resolution approving a Letter of Intent to School District 115 for the rehabilitation of tennis courts on Game Farm Road contingent upon funds being identified in the budget; seconded by Alderman Spears. Alderman Burd asked Attorney Wyeth if this motion leaves things opened ended in the event funds are not found. Attorney Wyeth stated that this issue will come back to the City Council when it fails to find funds. Alderman James noted that the agreement dates back to the 1970's without an end date or any clause for contingency. He stated that he did not want to pass another document without identifying funds. He stated that he supported the rehabilitation of the courts however he does not want to approve anything until staff has time to investigate this further. Dr. Engler asked why the funds couldn't be put into next year's budget. Mayor Prochaska stated that this was a possibility as the new budget is due in May. Alderman Bock agreed with both Aldermen James and Wolfer. He noted that the City has an obligation with the School District and it should be honored. He suggested that it be approved because the $40,000.00 will most likely be found. Alderman Spears asked Director Mika if she could provide the Council with a list of the priorities that the City is facing. Director Mika stated she would get this information to the City. Administrator Crois noted that there is a "wish list" however it is based on commercial development. Unfortunately, the City will not see the effect of commercial development until 2008. At this point, all the requests for budgeted items cannot be done in next year's budget; some things will have to be denied. The Minutes of the Regular Meeting of the City Council — February 13, 2007 — page 4 Alderman Burd stated that she found this discussion hypocritical. She stated that she went over the minutes from the last budget discussion and some of the aldermen who are balking against meeting this contractual obligation were willing to vote for a project manager for the Engineering Department without documentation as to why this was needed. She noted that a whole year later this person has not been hired. Now these aldermen want a caveat on a contractual obligation. She stated that the Council needed to vote to pay the bill. Mayor Prochaska noted that the City has entered into a partnership regarding the tennis court in the past; they paid for half the cost for lights for the tennis courts. Dr. Engler agreed and stated that this was done in 1994. Alderman Wolfer stated that he agreed that the City has an obligation however he asked if the original agreement could be reviewed by the Administration Committee to see if it needs to be renegotiated or amended. He felt that the City Council was in agreement to participate in the rehabilitation however most of the Council wanted to find the funds first. He felt that this could be done in time for the School District to meet their time frame. Motion approved by a roll call vote. Ayes-8 Nays-0. Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Munns-aye Approving Letter of Intent to School District ' Construction of Tennis Courts Alderman Bard reported that this item is a request for the City to enter into a new Intergovernmental Agreement to build four new tennis courts. She stated that if the courts are built now, there will be a savings. Also, this would provide the City with tennis courts for tournaments. She stated that she has discussed this with the Park Board who was under the misconception that the City owned property across the street from the current tennis courts. This property actually belongs to the cemetery and because the property is not owned by the City, matching grants are not available for the construction of the courts. She stated that she has brought this forward to the Council and indicated that the School District does not expect the Council to approve this however it is on their "wish list" and they would like it to be considered. She stated that $110,000.00 would build four new courts on Game Farm Road as compared to $400,000.00 to build the courts in a different location. She asked the City to find the funding so the courts could be constructed by fall. A motion was made by Alderman Burd to approve a resolution approving a Letter of Intent to School District 115 for the construction of tennis courts on Game Farm Road in an amount not to exceed $110,000.00 depending on the City finding funding; seconded by Alderman Munns. Alderman Spears asked the Director of Park & Recreation Mogel what the Park Board recc munendation was. Director Mogle stated that the Park Board discussed both issues regarding the tennis court and was open to the refurbishing of the current courts however they did not endorse the new courts because they need more time to gather information in order to research the project. They had concerns regarding the location, puking and congestion in the area. Alderman Bock indicated that he attended the Park Board meeting where this was discussed and agreed with what Director Mogle reported. He stated that the Board also felt funds should be identified before a commitment was made. He stated that in order to give the Park Board time to do their research he was going to vote against the resolution. Alderman Wolfer asked if there were any hard facts to support the cost figures for new courts. Dr. Engler explained that the School District and Parks Department have been working well together to share sites. There is a site in the Raintree Subdivision for a new middle school with a park next to it. In the planning process for the site, tennis courts were investigated. However, in the process of the reconstruction of Yorkville Middle School and Yorkville Grade School, the area of the current tennis courts will be closed down. Dr. Engler suggested to Director Mogle that the Parks Department consider adding four tennis courts in the parking pod in front of Yorkville Grade School. He stated that $1 10,000.00 would cover most of the cost of the courts, fencing, parking and landscaping. He stated that this was just a suggestion; the School District has not intention of building the courts themselves because the funds are not available. The School District thought it might be a way for everyone to save money if the School District and City joined resources. Mayor Prochaska asked if anyone had a dollar amount if the tennis courts were built somewhere else. Director Mogle stated that the cost per court is approximately $35,000.00. He did indicate there could be a savings to build the courts in this area because the parking lot is an established The Minutes of the Regular Meeting of the City Council — February 13. 2007 — me 5 base. He further stated that the Park Board has suggested an alternative idea which would be a ten court complex however they need more time to research this. Alderman Leslie commented that he would not like to pull resources from the south side of the city however if building the courts near the presents courts would attract tournaments he would be in favor of the construction of the new courts. He did suggest that any new agreement with the School District have time restrictions. Alderman Spears stated she would like to get more information from the Park Board such as if there was a way to use Land Cash Funds to construct new courts. She supported the possibility of the courts being located in another area of the City so things would be equal for all residents. Alderman Besco stated that he liked the idea of all the courts being located in a group so tournaments could be held and that he was in favor of the new courts contingent on funding. Alderman Mums agreed with Alderman Besco. He noted that if the courts are located together, it should reduce the cost of maintenance. He supported the resolution. Alderman Bock noted that one of the concerns voiced by the Park Board was adequate parking in the area. He supported the Park Board's request to investigate the matter further. Alderman Burd stated that Park Board meeting minutes quoted a $400,000.00 figure to build tennis courts across the street from the existing courts. She also noted that according to Dr. Engler there are 500 parking spots in the area and she felt that this was more than enough. She noted that if tennis courts are built on the south side of town, students will have to be bused to the location which will cost taxpayers money. She stated that this is an opportunity that is available now and it will not last forever so she felt that the City Council needed to decide now. Alderman Leslie stated that after hearing from Dr. Engler he was under the impression that this did not have to happen now. Dr. Engler explained that bids would have to go out in the next 35 to 40 days in order for the project to be done over the summer while the area is under renovation. Brian DeBolt with the School District explained that it would take 45 days to put together the bid package, make it available and to line up contractors. Alderman James supported the Park Board's request for more time to investigate and he stated he would like to hear their research. He stated he did not support this resolution at this time. Alderman James stated that it sounded like the City Council had a little bit of time before making a decision. Mr. DeBolt agreed with this statement. A motion was made by Alderman James to table this item until after a recommendation is received from the Park Board; seconded by Alderman Wolfer. Alderman Leslie asked if this should be a motion to postpone. Alderman Wolfer withdrew his second; Alderman James withdrew the motion. A motion was made by Alderman James to postpone this item until after a recommendation is received from the Park Board; seconded by Alderman Wolfer. Alderman Munns asked for a time frame for the Park Board to research this matter. Director Mogle indicated that the Park Board's next meeting was February 22, 2007. Mayor Prochaska asked that the resolution be put on the March 6, 2007 Committee of the Whole meeting agenda. Alderman Spears asked what the $400,000.00 figure covered. Director Mogle explained that the figure was based on $35,000.00/court for a ten-court complex. Alderman Burd corrected Director Mogle, stating that the Park Board minutes indicate that this figure was for five courts. Motion to postpone approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Bock-aye, Besoo-aye, Leslie-aye, Wolfer-aye, James-aye, Munns-aye, Burd-aye CITIZEN COMMENTS Gene Sheeley of Yorkville addressed the City Council. He stated that he was in the Navy and proceeded to explain site lines. He also explained that he worked on electrical high tension towers and described what can be seen from the top of them. He related this to the landfill and questioned from how far away the mountain will be visible. He felt that before anyone learned about Yorkville's good schools, neighborhoods or small town feel, they would know of Yorkville's mountain of trash. The Minutes of the Regular Meeting of the City Council — February 13, 2007 — page 6 George Gilson of Yorkville asked the City Council to reflect on what the annexation of the proposed landfill property will do for the community. He read one law regarding annexations and their purpose (to expand urban areas, establish land use control, to encourage health controls, etc.). He asked what the purpose of this annexation was other than to benefit a private corporation. He asked what controls have been asserted in the agreement to address the potential of fragmented growth and overall health and sanitation. He quoted from state statute 651LSC5/11-15.1 .2 regarding the vacation of Sleepy Hollow Road and asked what the public interest was in giving up the rights of the roadway. He further noted that the statute indicates that no annexation made within 60 days of a general election shall be effective until the day after the election. He noted mistakes made in the process of the annexation and proposed landfill. He asked the Council to force Fox Moraine to withdraw the siting application and clear up the mishaps with the annexation until after the election. He stated that the approval of the annexation benefited Fox Moraine and will be giving the applicant what they want at the expense of Yorkville so he asked the City Council to vote against the annexation and the vacation of Sleepy Hollow Road. Arden Plocher of Yorkville commented to the City Council that the tennis courts need to be resurfaced and expanded. He recommended that the City Council consider this for the children in the community. Sandy Spang of Millbrook asked the members of the City Council if they ever threw out something they weren't suppose to such as batteries, paint remover, etc. She noted that many people throw out things they shouldn't. She asked if the City could guarantee that the landfill won't leak into an aquifer and negatively impact wells. Todd Milliron, 61 Cotswold Drive, wanted to know the difference between a contract with Fox Moraine and the School District. He stated that the Council vacated Sleepy Hollow Road because of the contract with Fox Moraine however the City Council is balking at $40,000.00 for the tennis courts when the City has a contract with the School District. He stated that if the City's audit was finished, the Council would know if the money for the tennis courts was in the budget. He asked that Fox Moraine be left in the County and that the City use leverage to get a better Host Agreement and renegotiate the North Star annexation agreement. He asked the City Council to take control and vote against the annexation agreement. He stated that the landfill landscape has changed and the City should negotiate new, more favorable terms for the City including a new disposal fee. Jim Friedrich, 7140 Oakbrook Road, Newark, indicated that he was the Fox Township Supervisor. He noted that his office prepared a letter regarding an opinion on the annexation and vacation however it may not have been received by the City. Members of the Council noted that they did not get the letter. He informed the Council of Fox Township's opinion; they oppose the annexation and vacation of Sleepy Hollow Road because the annexation does not represent an orderly movement of the community. He felt that the City Council had an obligation to work with Kendall County however he felt there is mistrust between the County and the City. He also noted that Millbrook is much closer to the annexation than Yorkville. He stated that it appears that the City has 'tamed its back" on neighboring communities because no one asked about their needs or concerns. He asked that the City Council vote against the annexation and reevaluate the situation. Glen Poole, 487 Calvin, Yorkville read an email he sent to Alderman Wolfer asking him to consider what the people in his ward want in regards to the landfill. He stated that he has spoken to residents in the River's Edge subdivision and everyone he spoke with did not support a landfill. He stated that the decision regarding the landfill will impact the lives and lifestyles the citizens of Yorkville forever and he asked that the City Council vote no for the annexation and vacation of Sleepy Hollow Road. Judy Gilmour of Yorkville asked the City Council to vote against the annexation because the vote is not just for an annexation but for a landfill. She stated that people are against the landfill so close to homes because they are fearful of the threat it poses to their health, safety and quality of life. She stated that residents are fighting to prevent the landfill and it is expensive and unfair that people have to spend their money to protect themselves from the harm the city is trying to do to them. She asked everyone who would like to help with the fight to buy a raffle ticket in order to raise funds that will be used for the legal battle to stop the landfill. Tom Gilmour of Yorkville and member of Friends of Greater Yorkville stated that the effect of the landfill on property values has not been stressed enough. He stated that he has been told by Mayor Prochaska and Mr. Hammon that there are expensive homes near other landfills and he felt that this is due to their location. He felt that the dynamics in the real estate market have changed and a landfill will doom the area for development. He further noted that the landfill is closest to The Minutes of the Regular Meeting of the City Council — February 13, 2007 — Page 7 county residents however they do not have a voice in the process. He commented that if an indigent person commits a crime and he cannot afford an attorney, one is provided for him by law however residents opposing the landfill have to raise funds to fight it. He asked the City Council to put themselves in their shoes. Randy Scott of Yorkville urged the City Council to think carefully about the annexation. He pointed out what he felt were a few mistakes; the error made with the Newark Library District and the lack of an expert to address the effect on property values. He asked the City Council to think of those living near the proposed landfill when they vote. Bernie Volta of Millbrook commented that he lives about 1 'h miles from the center of the landfill and he expressed his concern with its affects on the water quality of his private well. He explained that he is required to test his water however the typical tests do not address contaminates from a landfill. He stated that he trusted the Council to make a careful, judicial and fair decision regarding the landfill Tim Johnson of 213 Leisure Street and a realtor in the area commented that the annexation will negatively impact the value of homes for sale in the area. He noted that his own home is for sale and he has been asked by a realtor about the landfill. He also commented on the tennis court stating that this issue should be addressed. He noted that the trees in the area of the courts are causing some problems and that even with resurfacing it is poor site for the courts. He stated that he felt that the city should honor their contract with the School District however there should be an end date to the contract. Daryl Brown commented that he hoped the City Council would discuss the annexation the same way they discussed the tennis courts and he noted that he has not heard from some aldermen on the subject of the annexation. Alderman Spears asked Mayor Prochaska to clarify for the public the time limits on speaking. Mayor Prochaska explained that per the Governing Ordinance each Council member is allowed five minutes the first time around and then two minutes as a rebuttal. Stan Ludwikowski, 11261A Legion, commented that the decision made tonight impacts the community for generations to come. He asked the City Council to vote against the annexation because it is the first step to a landfill and that the landfill is for the benefit of a few at the expense of many. Dennis Batdorf, 802 Parkside Lane, stated that it has been discussed that the tennis courts should be taken out of the Raintree Subdivision. He questioned how much the community would financially profit from tennis tournaments. He questioned what will replace the courts in Raintree; a dump? He asked the City Council to do some math. He asked them to look around the room and figure if each person present knows five other people who is against the annexation what the vote will be on April 17, 2007. Marcia Ludwikowski, 11261A Legion, commented on things people do, look back on later and determine they made a lousy decision. She felt that annexing this property is not a good idea and she asked the Council to consider delaying the decision. Jeff Spring of Millbrook commented on the tennis courts. He stated that the Parks Department has used the tennis courts and that any decent organization would provide for the wear, tear and maintenance they have caused by use. He hoped the City would find the funding to help the school out. Mr. Spang also commented that he is sensitive to the "done deal" mantra that he hears. He stated that he refused to buy it this because he believed the City Council has not made up their minds; that they will make an objective decision on the annexation however he was disturbed by finding a land use plan which already shows this property annexed. CONSENT AGENDA 1 . Monthly Treasurer's Report for December 2006 (ADM 2007-09) 2. Ordinance 2007-10 - For the Amended Levy and Assessment of Taxes for the Fiscal Year beginning May 1, 2007 and ending April 30, 2008 for Special Service Area 2004-201 (Fox Hill) - authorize the Mayor and City Clerk to execute (ADM 2007-10) 3. Ordinance 200-11 - Abating $11,300,000.00 General Obligation Bonds (Alternate Revenue Source) Series 2005D (Rob Roy Creek) — authorize the Mayor and City Clerk to execute (ADM 2007-11) 4. Ordinance 2007-12 - Abating $3,525,000.00 General Obligation Bonds (Alternate Revenue Source) Series 2005 (Countryside Center TIF) — authorize the Mayor mid City Clerk to execute (ADM 2007-12) The Minutes of the Regular Meeting of the City Council — February 13, 2007 — page 8 5. Ordinance 2007-13 - Abating $3,500,000.00 General Obligation Bonds (Alternate Revenue Source) Series 2004B (Countryside Interceptor) — authorize the Mayor mid City Clerk to execute (ADM 2007-13) 6. Ordinance 2007-14 - Abating $625,000.00 General Obligation Bonds(Alternate Revenue Source) Series 2002 (Fox Industrial Park) — authorize the Mayor and City Clerk to execute (ADM 2007-14) 7. Ordinance 2007-15 - Abating $3,825,000.00 General Obligation Bonds (Alternate Revenue Source) Series 2005A (In-Town Road Program) — authorize the Mayor mad City Clerk to execute (ADM 2007-15) 8. Ordinance 2007-16 - Abating $2,000,000.00 General Obligation Bonds (Alternate Revenue Source) Series 2005C (Waterworks & Sewer) — authorize the Mayor and City. Clerk to execute (ADM 2007-16) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye, Munns-aye, James-aye, Wolfer-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Special City Council meeting of October 30, 2006, Committee of the Whole meeting of September 5, 2006, Special Committee of the Whole meeting of November 28, 2006 and the Downtown TIF meeting of July 31, 2006; seconded by Alderman Wolfer. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated February 1, 2007 totaling the following amounts: checks in the amount of $1,288, 198.63 (vendors); $211,818.37 (payroll period ending 1/6/07); for a total of $1,500,017.00 (total); seconded by Alderman Spears. It was noted that that the payroll period was incorrect on the agenda and the correct date should be February 6, 2007. Motion approved by a roll call vote. Ayes-8 Nays-0 Mums-aye, James-aye, Wolfer-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye, Burd-aye REPORTS MAYOR'S REPORT Appointment for Library Board Mayor Prochaska reported that Russ Walter had resigned from the Library Board and he was appointing Barb Johnson, an educator in the community, to fill the position until the term expires in May 2008. He entertained a motion of ratification for the appointment. So moved by Alderman Bock; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Wolfer-aye, James-aye, Munns-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye Proclamation for National Engineers Week Mayor Prochaska read a proclamation for National Engineers Week, February 18 — 24, 2007 (see attached). He entertained a motion of ratification for the proclamation. So moved by Alderman Moons; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor will be held on February 17, 2006 at Lennar Homes, 2082 Ingemunson Lane (Raintree Village) from 9:00 a.m. to 11:00 a.m. The Minutes of the Regular Meeting of the City Council — February 13, 2007 — rage 9 Ordinance 2007-17 Fox Moraine/North Star Parcel - Annexing Mayor Prochaska entertained a motion to approve an ordinance annexing certain territory to the United City of Yorkville commonly known as the North Star slid Fox Moraine Property in furtherance of an Annexation Agreement, as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman James; seconded Alderman Bock. Alderman Spears read page 2, paragraph five of the annexation regarding the document being in full compliance of the terms of the Annexation Agreement, the statutes of the State of Illinois, and Section 7-1-1 and 7-1-8 of the municipal code. She stated that she provided the City Council with several copies of state statute 65 ILCS 5/11-91-1 and 65 ILCS 5/11-91-2. She stated that the City was not in accordance with state statute and the Council should not pass the annexation. She stated that she felt there has been a breach of contract that has been corrected. She felt the City Council should take a stand, not be affected by the threat of a lawsuit and abide by the law. Alderman James reminded the Council that they were here to vote on the annexation and not to judge a landfill. He stated that the vote on a landfill was yet to come. He stated that he supported the annexation and felt it was the right thing to do for the residents of Yorkville. Alderman Hurd agreed with Alderman Spears regarding following the letter of the law. She noted that she has walked through Wards I and It and a large number of residents in these areas are not in favor of the annexation. She stated that she went to the hearing regarding the lawsuit on behalf 600 petitioners who asked that the property not be annexed. She noted that the suit was dismissed but it does not dismiss the 600 names on the petitions asking the Council not to vote for the annexation. She stated that the Council needs to represent thew constituents and vote the way they are telling the Council to vote. Alderman Munns commented that he has not made up his mind on any issues other than what is being voted on tonight. He stated that he is not on the Council to be in a popularity contest and that he is doing what he was elected to do.aud what he feels is right He asked Attorney Wyeth if the Council is legally bound to approve the agreement. Attorney Wyeth indicated he would weigh it at the end of the Council's discussion. Alderman Besco commented that he is confident with annexing the property because it gives the Council control during the state mandated process. He stated that he was also confident that the Council would judge the landfill accordingly when it comes to that time and that he understood the resident's passion in this matter. Alderman Wolfer agreed with Alderman Munns; he will not be intimidated and he will base his vote on the facts that were presented to him. Alderman Bock stated that he agreed with Aldermen Munns, James, Wolfer and Besco. He stated that he was here to vote on the annexation of land and not on a landfill. Alderman Leslie stated that he has given the matter much thought and felt that a flaw in the whole process was having the City go against the County. He stated that the City has a vested interest in the protection of its residents. He stated that he had an issue with the vacation of Sleepy Hollow Road; he felt it was coercive. He stated that after speaking with several residents he understands the dynamics of the situation better and he will speak through his vote. Alderman Spears stated that the document the Council is voting on indicates they are in full compliance with the original annexation agreement which she felt is illegal because the agreement includes the vacation of Sleepy Hollow Road in it. She asked for a copy of all the recorded notices that are indicated in the document. She asked for a change to page 2, second paragraph regarding legal notices. The document states that the notices were sent out to all public bodies and she asked that it would be indicated that North Star Trust and Fox Moraine sent out the notices. She stated that she did not want the City to be responsible for the notices. She asked if Virginia Wells' property was included in the agreement. She indicated that she was tired of the way the County residents were being treated and stated that they are deserving of the City '.... Council's respect and consideration. Mayor Prochaska commented that it has been stated that the annexation means that the landfill is '.. approved. He stated that this is not the case; the language in the Annexation Agreement does not guarantee this. It does state that it is the intention of the landowner to have a landfill on the property. He noted that whether or not a landfill is sited on the property is not dependant on whether the property is annexed or not. He stated that what he felt was important was who judged the application and who will have thejurisdiction over it once it is developed. He stated that the development of this parcel will impact the City regardless if it is in the City or not. The Minutes of the Regular Meeting of the City Council — February 13, 2007 — Page 10 Mayor Prochaska also stated that the proposed Prairie Parkway is planned to cross Route 71 and the interchange will be located on the eastern edge of this parcel. He stated that the interchange will provide incentive for commercial and manufacturing business development along the highway. He stated that the area where the landfill is being proposed will also have an effect on the development of the area. The only way for the city to guide development in this area is if it is annexed. He responded to Mr. Spring's comment regarding the land use plan; this parcel was already voted on and approved for annexation. The map was printed and then the question was raised regarding the legality of the annexation. A motion was made by Alderman Burd to amend the annexation ordinance to incorporate the change that Alderman Spears requested to note that North Star/Fox Moraine did the public notification; seconded by Alderman Spears. Alderman Spears asked if the City Council would receive copies of the recorded notices. Motion to amend approved by a roll call vote. Ayes-8 Nays-0 Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Munns-aye, Burd-aye, Spears-aye Attorney Wyeth commented that the question posed to him was if the City Council has the legal authority to annex the property this evening and the answer is yes. The issues that have been raised have been a minor error in regard to the failure to notice which was cured and the possibility of a defect due to the vacation of Sleepy Hollow Road. In regards to the vacation, he noted that that Annexation Agreement has a severability clause which indicates that if an item of the agreement is found to be defective, the remainder of the agreement, including the obligation to annex remains in effect. Alderman Spears asked if the City Council did not vote for the annexation, would there be a breech of contract and Attorney Wyeth stated there would be. She noted that the petitioner breeched the contract by not properly notifying the Newark Library. Alderman James asked how the vote for the annexation impacted the siting process. Attorney Wyeth stated that the siting process has begun and that the annexation is an element of the process. He explained that there is an item of fundamental fairness since the siting application was filed based on expectation under this contract. Failure to follow through on the promise could be viewed by a court as a beech of fundamental fairness and a prejudicial action by the Council in direct opposition to the attempts of the applicant to complete the process. Mayor Prochaska clarified that by state statute this requires a majority of the corporate authorities holding office. Motion approved by a roll call vote. Ayes-6 Nays-3 Bock-aye, Besco-aye, Leslie-nay, Wolfer-aye, James-aye, Munns-aye, Burd-nay, Spears-nay, Prochaska-aye Fox Moraine/North Star Parcel — Rezoning Mayor Prochaska entertained a motion to approve an ordinance reaffirming a rezoning of certain. property and rezoning certain property in furtherance of an Annexation Agreement for property commonly known as the North Star/Fox Moraine property, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Munns; seconded by Alderman Wolfer. - Alderman Burd stated that she had a problem with the document as presented. She read page one; paragraph four regarding the Plan Commission recommending the rezoning. She noted that the Plan Commission voted for the annexation but voted against the rezoning. She asked the City Council to follow the Plan Commission's lead and vote against the rezoning. Alderman James asked the reason given by the Plan Commission for voting against the rezoning. Alderman Brad stated that they felt the request for rezoning was premature because no plans were presented with the request to indicate what the zoning was needed for. Alderman Spears stated that she had a problem with the title of the document. She asked that the work "reaffirming" be taken out of the title. She noted that this term is used throughout the document and she requested that item 41 on page two also be removed as it refers to approving the Plan Commission recommendation. She felt that the whole document was flawed and should not be before the Council. Alderman Wolfer asked if this ordinance could be postponed so the Plan Commission vote could be researched and if the postponement would affect the siting process. Mayor Prochaska noted that according to statute, the siting can go into any zoning of the City. If the City Council does not vote to zone the property, the zoning defaults to the most restricted zoning which is R-1. The Minutes of the Regular Meetine of the City Council — February 13, 2007 — Daze 11 Alderman Wolfer asked the applicant's attorney, Mr. Phillipchuck for his input. Attorney Phillipchuck indicated that when the matter was before the Plan Commission agricultural zoning was requested on the larger parcel. The Plan Commission made their recommendation and this was presented at the City Council public hearing. However the annexation agreement, as approved, indicated that the property would be zoned A-1 Agricultural District. Spears requested that the document be corrected and returned to the City Council at the next City Council meeting. A motion was made by Alderman Wolfer to postpone the vote until the next City Council meeting; seconded by Alderman James. Alderman Besco noted an error on page 2, line six the word "duly" is misspelled. Motion to postpone approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Wolfer-aye, James-aye, Mumrs-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye ATTORNEY'S REPORT Attorney Wyatt reported that Sibenaller v. Milschewski lawsuit was dismissed by Judge Mueller who indicated that as he reads the state statute, the statute referred to in the petition does not apply to this annexation. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DHdECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that due to the weather, public works crews have been on the streets all day. He stated that they were not using salt at this time due to the snowy conditions and that crews will be back on the streets at 3:00 a.m. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mayor Prochaska noted that Mrs. Spies was not in attendance but she asked him to report that the participation forms for the landfill will be printed in the Record Newspaper. Also, the Big Brothers/Big Sister bowling event will be held on February 24, 2007 at the Plano Bowl. Participants are asked to raise $75.00. Mayor Prochaska noted that historically the City has had a team participate. He indicated that anyone interested could contact him for details. Administrator Crois noted that the City is in the process of sending out random letters for the Residents Vision Process. He requested that if the Council members had anyone they would like contacted to participate in the process they contact him, Mrs. Spies or Mr. Olson. COMMUNITY & LIAISON REPORT No report. COAUdMEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — February 13, 2007 — page 12 ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADM MSTRATION COMMITTEE REPORT City Administrator Recruitment Contract (ADM 2005-24) A motion was made by Alderman James to approve the City Administrator Recruitment Contract, as presented, subject to staff and legal review; seconded by Alderman Spears. Alderman Leslie questioned if the sane company that has been used in the past for recruitment was being for this process mid Mayor Prochaska stated they were. He asked how the process was going to work. Mayor Prochaska explained that in the past the interviewing committee has been the Administration Committee. Alderman Munns recommended that the four aldermen who are not up for reelection be on the committee instead of the Administration Committee. Mayor Prochaska indicated that he did not have a problem with this. Motion approved by a roll call vote. Ayes-8 Nays-0 ' Munns-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, Janes-aye Police Union Contract (CC 2007-02) A motion was made by Alderman James to approve the Police Union Contract as presented, subject to staff and legal review; seconded by Alderman Spears. Alderman Spears commented that this appears to be a good contract for both the police and the City. She noted that the contract will be retroactive to May which is the date when the contract expired. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Wolfer-aye, Janes-aye, Mums-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Bock; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 10:08 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS from the meeting of the above - entitled matter transcribed via audio cassette by CHRISTINE M . VITOSH , C . S . R . , of the meeting on February 13 , 2007 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . � 4 I7EIT® ® �'®U�LT reporting service 1212 South Naper Boulevard • Suite 119.185 • Naperville, IL 60540 • 630.983-0030 • Fax 630.299.5153 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA , Mayor ; 3 MR . PAUL JAMES , Alderman ; 4 MR . JASON LESLIE , Alderman ; 5 MS . VALERIE BURD , Alderman ; 6 MR . DEAN WOLFER , Alderman ; 7 MR . MARTY MUNNS , Alderman ; 8 MR . JAMES BOCK , Alderman ; 9 MR . JOSEPH BESCO , Alderman ; 10 MS . ROSE ANN SPEARS , Alderman ; 11 MR . JOHN CROIS , City Administrator ; 12 MR . WILLIAM POWELL , City Treasurer ; 13 MR . TRAVIS MILLER , Community Development 14 Director ; 15 MS . JACQUELYN MILSCHEWSKI , City Clerk . 16 17 A P P E A R A N C E S : 18 BY : MR . JOHN JUSTIN WYETH , appeared on behalf of the United 19 City of Yorkville , Illinois . 20 21 - - - - - 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : At this time I ' d 3 entertain a motion to go into public hearing for 4 the purpose of discussing PC 2006 - 93 , Rush - Copley 5 Medical Center , Inc . , petitioner , has filed an 6 application with the United City of Yorkville , 7 Kendall County , Illinois , requesting rezoning 8 from the United City of Yorkville O Office 9 District to United City of Yorkville Planned Unit 10 Development zoning and preliminary PUD plan . 11 The real property consists of 12 approximately 44 . 12 acres located south of 13 Veteran ' s Parkway adjacent to Fox Hill 14 subdivision , Yorkville , Kendall County , Illinois . 15 ALDERMAN BOCK : So moved . 16 ALDERMAN LESLIE : Second . 17 MAYOR PROCHASKA : Moved and 18 seconded . May I have roll call , please ? 19 MS . MILSCHEWSKI : Bock ? 20 ALDERMAN BOCK : Aye , 21 MS . MILSCHEWSKI : Spears . 22 ALDERMAN SPEARS : Aye . 23 MS . MILSCHEWSKI : Burd . 24 ALDERMAN BURD : Aye . Depo Court Reporting Service (630) 983-0030 4 1 MS . MILSCHEWSKI : Munns . 2 ALDERMAN MUNNS : Aye . 3 MS . MILSCHEWSKI : James . 4 ALDERMAN JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 ALDERMAN WOLFER : Aye . 7 MS . MILSCHEWSKI : Leslie . 8 ALDERMAN LESLIE : Aye . 9 MS . MILSCHEWSKI : Besco . 10 ALDERMAN BESCO : Aye . 11 MAYOR PROCHASKA : Motion is carried . 12 All right . We are in public hearing . Is there 13 somebody here representing the petitioner ? 14 WHEREUPON : 15 JOHN PHILIPCHUCK , 16 testified before the Yorkville City Council as 17 follows : 18 MR . PHILIPCHUCK : Good evening , John 19 Philipchuck . I am the attorney representing 20 Rush - Copley Health with offices at 123 Water 21 Street , Naperville , Illinois . 22 With me this evening is Alan 23 Kato from Anderson Mikos Architects . Alan is 24 going to show you a Power Point . I think it ' s Depo Court Reporting Service (630) 983-0030 5 1 the easiest and probably the quickest way to take 2 you through this . 3 I think the Council will recall 4 that as part of your new PUD ordinance that you 5 adopted it is required that we come before you 6 for a public hearing requesting the planned unit 7 development . The underlying zoning that we are 8 requesting is B - 3 . B - 3 will allow retail as you 9 know and also allow a hospital . Currently we 10 have projected and we have plans approved for a 11 medical office building fronting Route 34 . 12 Of course , the plans for the 13 future are much greater than that and as a result 14 we are coming in and asking for the zoning now to 15 allow us to ultimately build the campus that will 16 include some retail , some physical exercise 17 facilities , parking , hospital , and various 18 related medical office building uses . 19 So Alan , is - - 20 WHEREUPON : 21 ALAN KATO , 22 testified before the Yorkville City Council as 23 follows : 24 MR . KATO : Yes . Thank you for Depo Court Reporting Service (630) 983-0030 6 1 hearing our presentation . My name is Alan Kato . 2 I am with Anderson Mikos Architects . We will be 3 presenting some drawings to you that have been 4 prepared by us as well as Cemcon , as well as 5 Landmark , for the landscaping . 6 The presentation is really 7 divided into two parts ; the first part is one 8 which technically is not part of the PUD , but we 9 are presenting it to show you the style , the 10 character and materials , the design of the 11 ultimate PUD , so that ' s why that ' s included in 12 there . 13 As far as location , this is 14 Veteran ' s Parkway here , this is the future 15 Beecher Road on the back here . This is the 16 professional office building ; that is part of the 17 first phase . 18 So as far as entrance goes , we 19 are bringing the main entrance down Beecher Road 20 into the say here with parking in front , and also 21 Staff would be able to enter off of Veteran ' s 22 this way , left in or right turn and a right turn 23 out at that location with Staff parking behind . 24 We are actually including a connection back in Depo Court Reporting Service (630) 983-0030 1 Phase I to John Street . 2 This is a landscape plan 3 indicating - - unfortunately it ' s a little - - 4 indicating the extent of the landscaping . You 5 can see we have taken care in terms of buffering 6 the adjacent spaces , the commercial located over 7 here , the residential down here really is not 8 impacted by the first phase . Our design includes 9 a tower element to it that we host to the 10 intersection of Beecher and Veteran ' s . In terms 11 of our design , we also went into analyzing the 12 light off of the parking facilities and have 13 found that we do not exceed the requirements in 14 terms of the village - - or the City and our 15 facility is within your standards . 16 As far as the first floor plan 17 of the facility we have the ambulatory surgery 18 location here , by the way . The intersection of 19 Beecher and Veteran ' s would be down in this 20 location down here . Also included is ambulatory 21 care and also diagnostic and treatment , including 22 an MRI , a CT , some women ' s health areas in terms 23 of bone density and ultrasound . Also included is 24 a small lab and registration for the building . Depo Court Reporting Service (630) 983-0030 8 1 On the second floor we have tenant spaces as well 2 as on the third floor . 3 This will give you some of the 4 materials that we have used . This is masonry as 5 well as a lot of glass and also masonry with 6 stone accents and stone and shingle roof 7 elements . 8 To work your way around the 9 building , here is an image of - - from the 10 southwest , so then you can see an expanse of 11 glass . These are masonry walls and this has the 12 stone accents . 13 Up here is our signage 14 opportunity that faces the front of Beecher and 15 Veteran ' s . If you are standing right on the 16 intersection , Veteran ' s and Beecher , this is the 17 new detail , you ' ve got your nice icon piece , 18 really this is to turn the corner around and draw 19 people into Beecher . 20 Working our way around the 21 building , this is if you are going eastbound on 22 Veteran ' s , this is the image you ' ll see . In 23 terms of the second phase , this is indicating the 24 professional building up here , the medical Depo Court Reporting Service (630) 983-0030 9 1 campus , which is about 600 - - 660 , 000 square 2 feet , and one of the variances that we are 3 requesting is for a 90 - - 90 - foot high building , 4 seven stories , and then down here we are placing 5 a parking facility here on center with 6 medical - related retail and perhaps a pharmacy or 7 dialysis or things like that . 8 Down at the bottom here is a 9 150 , 000 square feet fitness center , and one of 10 the things that is very important in terms of the 11 design was to connect up to the Civic Center over 12 here , the Kendall County complex , so this line 13 extends directly and accesses directly to the 14 Kendall County complex . 15 Detention is shown in here . 16 These are areas for detention and we have 17 selected this area for detention because , one , 18 it ' s the lowest area , but also in conjunction 19 with the residential along here , this made the 20 most sense to create a buffer with the 21 residential to that side . There is a landscape 22 plan of that , and , again , you can see off to the 23 side here , this is where the residential is 24 located , the detention area . Depo Court Reporting Service (630) 983-0030 10 1 Again , a lot of landscaping , we 2 have along that side deciduous trees , ornamental 3 trees , as well as evergreen trees . 4 We developed a sign plan . This 5 is signage above on the tower , signage down on 6 the base of the tower . We ' ve asking for a 7 variance in terms of the height of pylon signs 8 that are located throughout - - throughout the 9 plan . These are really icon elements to in 10 particularly direct people to the main facility . 11 We are requesting to go - - the current standards 12 are six feet maximum , we are requesting ten feet 13 maximum - - or ten feet - - up to ten feet . We had 14 both the parking lots planned with some 15 structured parking and these sketches show the 16 typical parking stalls and the urgent care 17 stalls , you can locate 500 - - over 500 parking 18 spaces with the - - in the parking garage . 19 Analysis of the lighting , the 20 photometrics of the parking areas and the drives , 21 and that ' s just going through all the different 22 areas . Again , prove to ourselves that especially 23 along the residential area we are not creating a 24 light situation adversely in the space , and Depo Court Reporting Service (630) 983-0030 11 1 actually historically it ' s in 24 - foot high poles 2 for the development . 3 Here are some Cemcon drawings 4 of the preliminary plat of subdivision , I can ' t 5 explain this to you , and then also the 6 preliminary PUD plan . 7 Our site data , I think the 8 salient points here are we are proposing up to 9 almost a million square feet of building , and you 10 have 1623 parking spaces . To give you a sense of 11 this , at Aurora they have done around between 12 thirteen and 1400 spaces , so that ' s very - - very 13 comparable . These are just some 3 - D images . We 14 modeled the site , and one of the things that you 15 require - - what you require is we are proposing 16 for the mechanical systems that you not see them 17 from the ground , so we have screened mechanical , 18 we have screened mechanical areas throughout the 19 development . 20 These are elevations of the - - 21 of this facility . You can see a lot of detail 22 here . This is first phase . First phase will 23 expand over here and also then ultimately into 24 development - - we have not designed the Depo Court Reporting Service (630) 983-0030 12 1 development per se , it ' s really just blocked out 2 on the masses . 3 You can see this - - this 4 actually has 90 feet , so we are proposing a 5 90 - foot high building , which is ten feet over 6 what the current zoning calls for , and this is 7 the 3 - D images , working around the - - around the 8 site . Veteran ' s is located right here , and this 9 would be an extension of Beecher to the south . 10 One of the things that was real 11 important to us in terms of design was to open up 12 the Town Center to the intersection of Beecher 13 and Veteran ' s , so the Town Center would be kind 14 of like a C - shape that opens up to the 15 intersection . Here you can see it a little bit 16 better . Beecher and Veteran ' s is over here 17 directly in line with the Town Center . And , is incidentally , we did line up the boulevard from 19 the Civic Center to also - - you can see it there . 20 That ' s a very good way of making it a very 21 unified element to the community . 22 This is the image of the 23 southwest corner of the lot , the Civic Center is 24 over here , and the parking facility , and actually Depo Court Reporting Service (630) 983-0030 I 13 1 the parking facility is shown as half what the 2 ultimate is . 1623 parking spaces does not 3 include the potential expansion of another 500 4 cars potentially if there is need in the future . 5 And this is a view over - - from 6 the - - from the northwest . Again you can see the 7 extension of Beecher to the south and also the 8 relationship of the Town Center to the corner of 9 Beecher and Veteran ' s , as well as the 10 relationship to the Civic Center development to 11 the west - - to the east . And that ' s our 12 presentation . 13 MAYOR PROCHASKA : I will - - just to 14 verify that today you are looking for are signs , 15 the height of the signs and the 90 - foot building . 16 MR . KATO : Yes , and seven stories 17 instead of six . 18 MAYOR PROCHASKA : At this time then 19 I would ask if there is anyone in the public that 20 would like to ask any questions or give any 21 comments on the proposed PUD for this facility . 22 Come up and state your name , please . 23 WHEREUPON : 24 CHRIS ARNDT , Depo Court Reporting Service (630) 983-0030 14 1 testified before the Yorkville City Council as 2 follows : 3 MR . ARNDT : Chris Arndt ( phonetic ) . 4 Mine I guess is a question . I just want to 5 address public safety regarding Bristol - Kendall . 6 Do they have equipment to reach that facility ? 7 Because I know a few years ago it was an issue . 8 MAYOR PROCHASKA : I don ' t know if 9 they have a ladder , they do have a big truck . 10 MR . ARNDT : That ' s what my only 11 question was . 12 MAYOR PROCHASKA : I believe that - - 13 MS . SPEARS : Actually I don ' t 14 believe it ' s been addressed to them at this time . 15 MR . KATO : I don ' t know if they ' ve 16 asked about this specific one from the 80 feet to 17 the 90 feet . 18 MR . PHILIPCHUCK : We discussed it at 19 the Plan Council and it was brought up at Plan 20 Commission and the chairman of the Plan 21 Commission as you know is with the Fire District , 22 and so that was discussed , and they indicated 23 they had equipment that would be able to go to 24 those sites , their equipment . Depo Court Reporting Service (630) 983-0030 15 1 MAYOR PROCHASKA : Okay . Anyone 2 else ? 3 ( No Response ) 4 MAYOR PROCHASKA : Hearing none - - 5 okay . 6 MS . SPEARS : Regarding the 7 seven - story building , I would like to request a 8 letter from our fire chief indicating that their. 9 equipment will reach that high because actually I 10 was the one that had a problem with trying to get 11 six - story buildings in here without the proper 12 fire equipment , and I think the - - at one time we 13 were told that we could borrow the equipment in 14 case of an emergency from Oswego or Sugar Grove 15 and I ' d hate to be in that six or seventh story 16 waiting for somebody trying to get through 17 traffic from Sugar Grove or Oswego , so I just 18 would like a letter verifying that they indeed 19 can go up one more story , 90 feet . 20 And , also , the parking spaces , 21 I know you said you had room for a 500 - car 22 expansion . The reason why - - I have had several 23 surgeries over at Rush - Copley and I solidly 24 support that and I am very happy that you are Depo Court Reporting Service (630) 983-0030 16 1 coming here , it would be less distance for me to 2 travel , and I am nothing but satisfied with 3 Rush - Copley , and I ' d like to say that . However , 4 the parking . I have handicapped parking and I 5 stilling can ' t find parking over there , it ' s 6 very , very difficult , so I do recommend that you 7 go ahead with your 500 - car expansion at this time 8 just to prepare for all the people that you are 9 going to be receiving and servicing . 10 MR . PHILIPCHUCK : Just so you 11 understand , we would have to obtain a certificate 12 of need for the actual hospital building , so at 13 that time we would have the more specific plans 14 and give you a rough idea of the bulk of the 15 building and approximate square footage . 16 We would get into much more 17 detail at the time that the population in the 18 community allowed us to move forward with that 19 request , and once we would reach that phase , then 20 obviously we would have more detail for you on 21 that building and then of course the parking that 22 would be needed for that , so . . . 23 MAYOR PROCHASKA : Alderman Munns ? 24 ALDERMAN MUNNS : Yeah , a couple Depo Court Reporting Service (630) 983-0030 17 1 questions . The thousand watt outlot lighting , 2 Eric , the thousand watts - - I don ' t see Travis 3 over there - - is that kind of - - I mean , how - - 4 what ' s a thousand watts ? I mean , is that a lower 5 wattage for an industrial ? 6 MR . DHUSE : Normal streetlights are 7 150s , the lights at Sycamore and Route 34 is 400 , 8 and those are the differences . 9 ALDERMAN MUNNS : So then you are 10 saying your lights would be a thousand watts 11 according to - - but a thousand watts , I mean , it 12 does seem kind of bright , but - - 13 MR . PHILIPCHUCK : It ' s all 14 down - directed lighting , but that was the maximum 15 that we would do . 16 ALDERMAN MUNNS : Do you know what 17 you are going to be recommending to light the 18 campus ? I mean , the current Rush - Copley , what is 19 that lighting ? 20 MR . KATO : It ' s currently at 250 21 watts . 22 ALDERMAN MUNNS : And you are going 23 to have this one four times brighter than the one 24 in Aurora ? I live right behind there so , believe Depo Court Reporting Service (630) 983-0030 18 1 me , I ' m getting a lot of questions about this . 2 MR . KATO : Well , we did the 3 photometrics . 4 ALDERMAN MUNNS : Okay . I might want 5 to change something in that agreement or clarify 6 exactly if you plan on lighting up the whole 7 neighborhood , I would shut the lights off if you 8 are going to put that much , but I didn ' t know 9 what a thousand watts was . 10 MR . KATO : It ' s down - directed . 11 ALDERMAN MUNNS : So it ' s going to be 12 a thousand compared to an open thousand . 13 MR . KATO : It would be completely 14 different . 15 ALDERMAN MUNNS : So it ' s downwards . 16 What exactly - - Why did you end up with that on 17 the campus ? And then in the permitted uses was a 18 power plant , what was that , like an internal 19 thing to power the hospital ? 20 MR . KATO : Yes . 21 ALDERMAN MUNNS : I saw power plant 22 in there . And then one last question about the 23 parking garage , is that extra space that would go 24 on top of that garage ? Depo Court Reporting Service (630) 983-0030 19 1 MR . KATO : Beside it . 2 ALDERMAN MUNNS : Beside . 3 MR . KATO : Yes . 4 ALDERMAN MUNNS : And how tall is the 5 garage ? 6 MR . KATO : Four stories . 7 ALDERMAN MUNNS : Four stories . 8 That ' s all . Thank you . 9 MAYOR PROCHASKA : Anyone else ? Yes . 10 ALDERMAN BURD : I ' d like to go back 11 to the height , the seven - story height . I was 12 pretty sure that we already have the truck in 13 effect . We do have that , because I remember Tom 14 Lindblom told me we had it in . But it seems to 15 me it gets to be a certain height where that ' s 16 not going to help either . 17 Does anybody know how tall a 18 building could be where even that would not work ? 19 MAYOR PROCHASKA : Unless it was 20 discussed in there , it didn ' t seem to be an issue 21 with that , although to get a letter from the 22 chief saying that - - that the ladder goes up to a 23 hundred - - hundred feet I think , yeah , so - - 24 ALDERMAN BURD : Well , I know with Depo Court Reporting Service (630) 983-0030 20 1 the high - rises in Chicago , for instance , there is 2 no hook and ladder truck that ' s going to make it 3 up to - - you know , I used to live on the 22nd 4 floor and that was pretty much it , you know , so 5 that was my thought . 6 MAYOR PROCHASKA : Anyone else ? 7 ALDERMAN MUNNS : On the parking 8 garage , all the traffic in and out on a daily 9 basis , is there any - - on the parking garage , is 10 there construction of a certain type ? Because 11 again you ' re going to be pretty adjacent to a 12 bunch of - - the commons right there . I mean , I 13 don ' t know how much , you know , with a big garage 14 like that there is going to be cars in and out 15 all day long and horns beeping and things like 16 that . I don ' t know if parking garages or any 17 noise abatement or - - 18 MR . KATO : Generally - - I mean , it ' s 19 a parking garage . We are a little from the 20 property line - - 21 ALDERMAN MUNNS : 25 steps , I mean , 22 that ' s from here to the front door . That ' s kind 23 of - - kind of close there to the residents . If 24 there is going to be some constant , you know , Depo Court Reporting Service (630) 963-0030 21 1 maybe you could look at possibly some outside 2 walls or something so the noise goes out to 34 . 3 ALDERMAN SPEARS : Are you going to 4 provide security for the parking garage like 5 24 / 7 ? Are those going to be individuals or just 6 cameras or what exactly - - what type of security 7 would be provided ? 8 MR . KATO : Well , we currently have 9 security guards on the grounds , but also it ' s 10 hard to point out - - the whole building is the 11 campus now - - in that new garage right there 12 there will be cameras , so I would suspect that 13 that garage is constructed as the campus . 14 ALDERMAN SPEARS : I would like to 15 state a correction on Page 7 , in the document it 16 says the village rather than city . Just a minor 17 thing . 18 MAYOR PROCHASKA : Anyone else ? 19 Alderman Burd . 20 ALDERMAN BURD : Just a quick 21 question about the Route 34 transportation 22 problems . I know Alderman Munns has commented 23 off and on with the traffic on that road . Do you 24 have any concerns about how to - - or how to go Depo Court Reporting Service (630) 983-0030 22 1 about alleviating that ? 2 MR . PHILIPCHUCK : We have been 3 coordinating with the commercial developer across 4 the street as far as the improvements that will 5 be done at the intersection of Beecher and 34 and 6 signalization and turn lane . All those things 7 are being planned that the Beecher extension to 8 the south side as well as to the north at 9 controlled intersections will be able to handle 10 those traffic volumes in that area . 11 MAYOR PROCHASKA : Anyone else ? 12 ALDERMAN LESLIE : How far south do 13 you plan on extending Beecher Road ? 14 MR . PHILIPCHUCK : We will be 15 extending it to the - - our southerly property 16 line , which we described as roughly 40 acres , and 17 so when the Conover family goes to develop the 18 balance of the property , that ' s when it will be 19 extended south to River Road . 20 MAYOR PROCHASKA : Anyone else ? 21 ( No Response ) 22 MAYOR PROCHASKA : Hearing none , I 23 would entertain a motion to close the public 24 hearing . Depo Court Reporting Service (630) 983-0030 23 1 ALDERMAN SPEARS : So moved . 2 ALDERMAN BURD : Second . 3 MAYOR PROCHASKA : Moved and 4 seconded . May I have roll call , please ? 5 MS . MILSCHEWSKI : Spears . 6 ALDERMAN SPEARS : Aye . 7 MS . MILSCHEWSKI : Burd . 8 ALDERMAN BURD : Aye . 9 MS . MILSCHEWSKI : Munns . 10 ALDERMAN MUNNS : Aye . 11 MS . MILSCHEWSKI : James . 12 ALDERMAN JAMES : Aye . 13 MS . MILSCHEWSKI : Wolfer . 14 ALDERMAN WOLFER : No . 15 MS . MILSCHEWSKI : Leslie . 16 ALDERMAN LESLIE : Aye . 17 MS . MILSCHEWSKI : Besco , 18 ALDERMAN BESCO : Aye . 19 MS . MILSCHEWSKI : Bock . 20 ALDERMAN BOCK : Aye . 21 MAYOR PROCHASKA : Motion carried , 22 public hearing is closed . 23 ( Which were all the 24 proceedings had in Depot Court Reporting Service (630) 983-0030 24 1 public hearing . ) 2 - - - 000 - - - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 25 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH , being first duly 5 sworn , on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she transcribed via audio cassette 9 proceedings had at the foregoing meeting ; 10 And that the foregoing is a true and 11 correct transcript of the audio cassette so 12 recorded as aforesaid and contains all the 13 proceedings had at the said meeting . 14 IN WITNESS WHEREOF I have hereunto set 7e 15 my h d his .bay of 16 / i 2007 . 17 18 19 20 CHRISTINE M . VITOSH , C . S . R . 21 CSR License No . 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983-0030 City Council February 13, 2007 26 ---000--- 24:2 15:9 Aye 3:20, 3:22, 3 :24, 6: 16, 7:24, 8: 9, 8 : 21 , 084-002883 25:24 address 14:5 4:27 4:4, 4 :6, 4: 81 8:24, 9:3, 11 : 9, 12: 5, 123 4:20 addressed 14: 14 4: 10, 23:6, 23:8, 13: 15, 15:7, 16: 127 1400 11 : 12 adjacent 3: 13, 7:61 23: 10, 23: 12, 23: 16, 16: 15, 16:21 , 19: 18, 150,000 9: 91 9:9 20: 11 23: 18, 23:20 21 : 10 150s 17:7 Administrator 2: 11 buildings 15: 11 1623 11 : 10, 13:2 adopted 5:5 bulk 16: 14 2006-9 3:4 adversely 10:24 < B > bunch 20 : 12 2007. 25: 18 aforesaid 25: 14 B-3 5:8, 5:8 BURD 2: 5, 3:23, 22nd 20:3 ago 14:7 back 6: 15 , 6: 24, 3:24, 19: 107 19:24, 24-foot 11 : 1 agreement 18:5 19: 10 21 : 19, 21 :20, 23:2 , 2417 21 :5 ahead 16:7 balance 22: 18 23:7, 23: 8 25 20:21 Alan 4:22, 4:23, base 10:6 business 25:8 250 17:20 5: 19 , 5:21 , 6: 1 basis 20:9 3-D 11 : 13, 12 :7 Allegiance 3: 1 Beecher 6: 15, 6: 19, 34 5: 11 , 17:7, 21 :2, alleviating 22: 1 7: 10, 7: 19, 8: 14, < C > 21 :21 , 22:5 allow 5:8, 5: 9, 5: 15 8: 16, 8: 19, 12:9, C-shape 12: 14 40 17:7, 22: 16 allowed 16: 18 12: 12, 12: 16, 13:7, C.S.R. 1 :81 25:23 44. 12 3: 12 almost 11 :9 13:9, 22:5, 22:7, call 3: 18, 23:4 500 10: 17, 10: 17, already 19: 12 22: 13 calls 12:6 13: 3 although 19:21 beeping 20: 15 cameras 21 :6, 21 : 12 500-car 15:21 , 16:7 ambulatory 7: 17, behalf 2: 19 campus 5: 15, 9: 1 , 600 9: 1 7:20 behind 6:23, 17:24 17: 18, 18: 17, 21 : 11 , 660,000 9 : 11 9: 1 Analysis 10: 19 believe 14: 12, 14: 14, 21 : 13 7 21 : 15 analyzing 7: 11 17:24 care 7:5, 7:21 , 10: 16 7:00 1 : 10, 110 Anderson 4:23, 6:2 BESCO 2 :9, 4: 9, carried 4: 11 , 23:21 80 14: 16 ANN 2: 10 4: 10, 23: 17, 23: 18 cars 13:4 , 20: 14 800 1 : 10 anybody 19: 17 Beside 19: 1 , 19:2 case 15: 14 90 9: 3, 12 :4, 14: 17, appeared 2: 19 better 12: 16 cassette 1 :8 , 25: 10, 15: 19 application 3:6 big 14:9 , 20: 13 25: 13 90-foot 9: 3, 12:5, approved 5: 10 bit 12: 15 Cemcon 6:4, 11 : 3 13: 15 approximate 16: 15 blocked 12: 1 Center 3 : 5, 9:5 , 9: 9, approximately 3: 12 BOCK 2:8, 3: 15, 9: 11 , 12: 12, 12: 13, Architects 4:23, 6:2 3: 19, 3:207 23: 191 12: 17, 12 : 19, 12:23, < A > area 9: 17, 9: 18, 23:20 13:8, 13: 10 abatement 20: 17 9:24, 10:237 22: 10 bone 7:23 certain 19: 15, 20: 10 able 6:21 , 14:23, areas 7:22, 9: 16, borrow 15: 13 certificate 16: 11 22:9 10:20, 10:22, 11 : 18 bottom 9:8 Certified 25:7 above 10:5 ARNDT 13:24, 14:3, boulevard 12: 18 chairman 14:20 above-entitled 1 :7 14:3, 14: 10 bright 17: 12 change 18:5 accents 8:6 , 8: 12 around 8:8, 8: 18, brighter 17:23 character 6: 10 accesses 9: 13 8:20, 11 : 11 , 12:7, bringing 6: 19 Chicago 20: 1 according 17: 11 12:7 Bristol-kendall 14:5 chief 15: 8, 19:22 acres 3: 12 , 22: 16 ARTHUR 2:2 brought 14: 19 Chris 13:24, 14:3 across 22:3 attorney 4: 19 buffer 9:20 CHRISTINE 1 : 8, actual 16: 12 audio 1 : 8, 25: 10, buffering 7:5 25:6, 25:23 Actually 6:24, 11 : 1 , 25 : 13 build 5: 15 City 1 : 1 , 1 :2, 1 : 101 12:4, 12:24, 14: 13, Aurora 11 : 11 , 17:24 building 5: 11 , 5: 18, 2: 11 , 2: 12, 2: 15 , Depo Court Reporting Service (630) 983-0030 City Council February 13, 2007 27 2 :20, 3:6, 3:8, 3 :9, CSR 25: 24 doing 25:8 extends 9: 13 4: 16 , 5:22, 7: 14, CT 7:22 done 11 : 11 , 22:5 extension 12 :9, 14: 12 21 : 16 current 10: 11 , 12:6 , door 20:22 13:7, 22:7 Civic 9: 11 , 12 : 19 , 17: 18 Down 6: 19, 7:7, extent 7:4 12: 23, 13: 10 Currently 5: 9, 17 :20, 7: 19, 7:20, 9:41 9: 82 extra 18:23 clarify 18:5 21 :8 10:5 Clerk 2: 15 down-directed close 20:23 , 22:23 17: 14, 18: 10 < F > closed 23:22 < D > downwards 18: 15 F. 2:2 coming 5 : 14, 16: 1 daily 20:8 draw 8: 18 faces 8: 14 commented 21 :22 data 11 :7 drawings 6:3, 11 : 3 facilities 5: 17, 7: 12 comments 13:21 day 20: 15, 25: 17 drives 10:20 facility 7: 15, 7: 171 commercial 7:6, DEAN 2:6 duly 25:6 9: 5, 10: 10, 11 :211 22 : 3 deciduous 10:2 12:24, 13: 1 , 13:21 , Commission 14:20, density 7:23 14:6 14:21 described 22: 16 < E > family 22: 17 commons 20: 12 design 6: 10, 7:81 easiest 5: 1 far 6: 13, 6: 18, 7: 16, Community 2 : 13, 7: 11 , 9: 11 , 12: 11 east 13: 11 22:41 22: 12 12:21 , 16: 18 designed 11 :24 eastbound 8:21 Farm 1 : 10 comparable 11 : 13 detail 8: 17, 11 :21 , effect 19: 13 feet 9:2, 9:9110: 12, compared 18: 12 16: 17, 16:20 either 19: 16 10: 12, 10: 13, 10: 13, completely 18: 13 Detention 9: 15, element 7:9, 12 :21 11 : 9, 12:4, 12: 59 complex 9: 12, 9: 14 9: 16, 9: 17, 9:24 elements 8:7, 10: 9 14: 16, 14: 17, 15: 19, concerns 21 :24 develop 22: 17 elevations 11 :20 19:23 conjunction 9: 18 developed 10:4 emergency 15: 14 few 14:7 connect 9: 11 developer 22: 3 end 18: 16 filed 3:5 connection 6 :24 Development 2: 13, enter 6:21 find 16:5 Conover 22: 17 3: 10, 5:7, 11 :2, entertain 3:3, 22:23 Fire 14:21 , 15: 8, consists 3: 11 11 : 19, 11 :24, 12: 1 , entrance 6: 18, 6: 19 15: 12 constant 20:24 13: 10 equipment 14:6, First 6:7, 6: 17, 7: 8, constructed 21 : 13 DHUSE 17:6 14:23, 14:24, 15:9, 7: 16, 11 : 22, 11 :22, construction 20: 10 diagnostic 7:21 15: 12, 15: 13 25:6 contains 25: 14 dialysis 9:7 Eric 17:2 fitness 9:9 controlled 22: 9 differences 17: 8 especially 10:22 floor 7: 16, 8: 1 , 8:2, coordinating 22: 3 different 10:21 , evening 4: 18, 4:22 20:4 corner 8: 18, 12:23, 18: 14 evergreen 10: 3 follows 4: 17, 5:23, 13:8 difficult 16:6 exactly 18 :6, 18: 16, 14:2 correct 25: 13 direct 10: 10 21 :6 footage 16: 15 correction 21 : 15 directly 9: 13, 9: 13, exceed 7: 13 foregoing 25: 11 , Council 1 : 1 , 4: 16, 12: 17 exercise 5: 16 25: 12 5:3, 5:22, 14: 1 , 14: 19 Director 2: 14 expand 11 :23 forward 16: 18 COUNTY 3:7, 3: 14, discussed 14: 18, expanse 8: 10 found 7: 13 9: 12 , 9: 14, 25:3 14:22, 19:20 expansion 13: 3, Four 17:23, 19:6, couple 16:24 discussing 3:4 15:22, 16:7 19:7 course 5: 12, 16:21 distance 16: 1 explain 11 :5 Fox 3: 13 create 9:20 District 3:9, 14:21 extended 22: 19 front 6:20, 8: 14, creating 10:23 divided 6:7 extending 22: 13, 20:22 CROIS 2: 11 document 21 : 15 22: 15 fronting 5: 11 Depo Court Reporting Service (630) 963-0030 City Council February 13, 2007 28 future 5: 13 , 6: 14, horns 20: 15 4:4, 23: 11 , 23: 12 12: 18, 20:20, 22: 16 13:4 hospital 5: 9, 5: 17, JASON 2:4 little 7: 3, 12: 15, 16: 12 , 18: 19 John 2: 11 , 2: 18, 20: 19 host 7:9 4: 15, 4: 18, 7: 1 live 17:24, 20:3 < G > hour 1 : 9 JOSEPH 2:9 locate 10: 17 Game 1 : 10 hundred 19:23, JUSTIN 2: 18 located 3: 12, 7:6 , garage 10: 18, 18 :237 19:23 9:24, 10:8, 12:8 18:24, 19: 5, 20:81 location 6: 13, 6 :23, 20: 9 , 20: 13, 20: 19, < K > 7: 18, 7:20 21 :4, 21 : 11 , 21 : 13 < I > KATO 4:23, 5:21 , long 20: 15 garages 20: 16 icon 8: 17 , 10: 9 5:24, 6: 1 , 13: 16, look 21 : 1 Generally 20: 18 idea 16: 14 14: 15, 17:20, 18:2 , looking 13: 14 gets 19: 15 Illinois 1 :2, 1 : 11 , 18: 10, 18: 13, 18:20, lot 8:5, 10: 1 , 11 :21 , getting 18: 1 2:20, 3:7, 3 : 14, 4:21 , 19: 1 , 19:3, 19:6, 12:23, 18: 1 give 8:3, 11 : 10, 25: 1 , 25: 9 20: 18, 21 :8 lots 10: 14 13:20, 16: 14 image 8:9, 8 :22, Kendall 3:7 , 3: 141 lower 17:4 glass 8:5 , 8: 11 12:22 9: 12, 9: 14 lowest 9: 18 greater 5: 13 images 11 : 13, 12 :7 kind 12: 13, 17:3, ground 11 : 17 impacted 7:8 17: 12, 20:22, 20:23 grounds 21 : 9 important 9: 10, < M > Grove 15: 14, 15: 17 12 : 11 M. 1 :8125:6125:23 guards 21 :9 improvements 22:4 < L > main 6: 19, 10: 10 guess 14:4 in. 19: 14 lab 7:24 MARTY 2:7 Inc. 3:5 ladder 14: 9, 19:22, masonry 8:4, 8:5, incidentally 12: 18 20:2 8: 11 < H > include 5: 16, 13: 3 Landmark 6:5 masses 12:2 half 13: 1 included 6: 11 , 7:20, landscape 7:2, 9:21 materials 6: 10, 8:4 hand 25: 17 7:23 landscaping 6:5, matter 1 :7 handicapped 16:4 includes 7:8 7:4, 10: 1 maximum 10: 12, handle 22:9 including 6:24, 7:21 lane 22:6 10: 13, 17: 14 happy 15:24 indicated 14:22 LASALLE 25:3 MAYOR 2:2, 3:2, hard 21 : 10 indicating 7: 3, 7:41 last 18:22 3: 17, 4: 11 , 13: 131 hate 15: 15 8:23 , 15: 8 left 6:22 13: 18, 14:8, 14: 12, Health 4: 20, 7:22 individuals 21 :5 LESLIE 2:4, 3: 16, 15: 1 , 15:4, 16:23, Hearing 3:3, 4: 121 industrial 17:5 4:7, 4:8, 22: 12, 19:9, 19: 19, 20:6, 5:6, 6: 1 , 15:4, 22:22, instance 20: 1 23: 15, 23: 16 21 : 18, 22: 11 , 22:20, 22:24, 23:22 instead 13: 17 less 16: 1 22:22, 23: 3, 23:21 hearing. 24: 1 internal 18: 18 letter 15: 8, 15: 18, mean 17:3, 17:4, height 10:7, 13: 15, intersection 7: 10, 19:21 17: 11 , 17: 18, 20: 12, 19: 11 , 19: 11 , 19: 15 7: 18, 8: 16, 12: 121 License 25:24 20: 18, 20:21 help 19: 16 12: 15 , 22:5 light 7: 12, 10:249 mechanical 11 : 16, hereunto 25: 16 intersections 22 : 9 17: 17 11 : 17, 11 : 18 high 9:3, 11 : 1 , 12: 5, issue 14:7, 19:20 lighting 10: 19, 17: 1 , Medical 3:5, 5: 11 , 15:9 17: 14, 17: 19, 18:6 5: 18, 8:24 high-rises 20: 1 lights 17:7, 17: 101 medical-related 9:6 Hill 3: 13 < J > 18:7 MEETING 1 : 1 , 1 :61 historically 11 : 1 JACQUELYN 2: 15 Lindblom 19: 14 1 :9, 25: 11 , 25: 15 hook 20:2 JAMES 2:3, 2: 89 4: 3, line 9: 12, 12: 17, Mikos 4:23, 6:2 Depo Court Reporting Service (630) 983-0030 City Council February 13, 2007 29 MILLER 2: 13 16:8 presenting 6:3, 6: 9 million 11 :9 per 12: 1 pretty 19: 12 , 20:41 MILSCHEWSKI < O > perhaps 9:6 20: 11 2: 15, 3: 19, 3:21 , oath 25:7 permitted 18: 17 probably 5: 1 3:23, 4: 1 , 4: 3, 4: 5, obtain 16: 11 petitioner 3:5, 4: 13 problem 15: 10 4:7 , 4: 9, 23: 5, 23:73 obviously 16:20 pharmacy 9:6 problems 21 :22 23:9, 23: 11 , 23: 13, Office 3:8, 5: 11 , Phase 6: 17, 7: 1 , 7: 8, PROCEEDINGS 1 :6, 23: 15, 23: 17, 23: 19 5: 18, 6: 16 8:23, 11 :22, 11 :22, 23:24, 25: 11 , 25: 15 Mine 14:4 offices 4:20 16: 19 PROCHASKA 2:2, minor 21 : 16 Okay 15: 1 , 15:5, PHILIPCHUCK 4: 15, 3:2, 3: 17 , 4: 11 , modeled 11 : 14 18:4 4: 180 4: 19, 14: 181 13: 13, 13: 18 , 14: 8, Motion 3: 3 , 4: 11 , once 16: 19 16: 10, 17: 13 , 22:2, 14: 12, 15: 1 , 15:4, 22:23, 23:21 One 6:7, 9:2, 9: 9, 22: 14 16:23, 19:9, 19: 19, move 16: 18 11 : 14, 12: 10, 14: 16, phonetic 14: 3 20:6, 21 : 18, 22: 11 , Moved 3: 15, 3: 17, 15: 10, 15: 12, 15: 19, photometrics 10:20, 22:20, 22:22, 23:3, 23: 1 , 23:3 17:23, 17:23, 18:22 18: 3 23:21 MR[ 7:22 open 12 : 11 , 18: 12 physical 5: 16 professional 6: 16, MS 2: 5, 2: 10, 2: 151 opens 12: 14 piece 8: 17 8:24 3: 19, 3:21 , 3:23, 4: 1 , opportunity 8: 14 placing 9:4 projected 5: 10 4:3 , 4:5, 4:7, 4:91 ordinance 5:4 Plan 3: 10, 7:2 , 7: 16, proper 15: 11 14: 13, 15:6, 23: 51 ornamental 10:2 9:22, 10:4, 10: 9, property 3: 11 , 20:20, 23:7, 23: 9 , 23: 11 , Oswego 15: 14, 11 :6, 14: 19, 14: 19 , 22: 15, 22: 18 23: 13, 23: 15, 23: 17, 15: 17 14:20, 18:6, 22: 13 proposed 13:21 23: 19 ourselves 10:22 Planned 3:9, 5:6, proposing 11 :8, MUNNS 2:7, 4: 1 , 4:2, outlot 17: 1 10: 14, 22:7 11 : 15, 12:4 16:23, 16:24, 17: 9, outside 21 : 1 plans 5: 10, 5: 12, prove 10: 22 17: 16, 17:22r 18:4, 16: 13 provide 21 :4 18: 11 , 18: 15, 18:21 , plant 18: 18, 18:21 provided 21 :7 19:2, 19:4, 19:7, < P > plat 11 :4 public 3: 3, 4: 12, 5:6, 20:7, 20:21 , 21 :22, P.M. 1 : 10 please 3: 18, 13:22, 13: 19, 14: 5, 22:23, 23:9, 23: 10 Page 21 : 15 23:4 23:22, 24: 1 parking 5: 17, 6:20, Pledge 3: 1 PUD 3: 10, 5:4, 6:81 6:23, 7: 12, 9: 5, Point 4:24, 21 : 10 6: 11 ; 11 :6, 13:21 < N > 10: 14, 10: 15, 10: 16, points 11 :8 purpose 3:4 name 6: 1 , 13:22 10: 17, 10: 18, 10:20, poles 11 : 1 put 18:8 Naperville 4: 21 11 : 10, 12:24, 13: 1 , population 16: 17 pylon 10:7 need 13 :4, 16: 12 13:2, 15:20, 16:4, possibly 21 : 1 needed 16:22 16:4, 16:5, 16:21 , potential 13: 3 neighborhood 18:7 18:23, 20:7, 20: 9, potentially 13:4 < Q > new 5:4, 8: 17, 21 : 11 20: 16, 20: 19, 21 :4 POWELL 2: 12 question 14:4, nice 8: 17 Parkway 3: 13, 6: 14 Power 4:24, 18 : 181 14: 11 , 18:22, 21 :21 No. 23: 14, 25:24 part 5:4, 6:716: 81 18: 19, 18:21 questions 13:20, noise 20: 17, 21 :2 6: 16 preliminary 3: 10, 17: 1 , 18: 1 none 15:4, 22:22 particularly 10: 10 11 :4, 11 :6 quick 21 :20 Normal 17:6 parts 6:7 prepare 16:8 quickest 5: 1 north 22:8 PAUL 2:3 prepared 6:4 northwest 13:6 PC 3:4 presentation 6: 1 , nothing 16:2 people 8: 19, 10: 10, 6:6, 13: 12 < R > Depo Court Reporting Service (630) 963-0030 City Council February 13, 2007 30 rather 21 : 16 Route 5: 11 , 17:7, sites 14:24 Sugar 15: 14, 15: 17 reach 14:6, 15:9, 21 :21 situation 10:24 support 15:24 16: 19 Rush-copley 3:4, six 10: 12 , 13: 17, surgeries 15:23 real 3: 11 , 12: 10 4:20, 15:23, 16:33 15: 15 surgery 7: 17 really 6:6 , 7:71 8: 18, 17: 18 six-story 15: 11 suspect 21 : 12 10: 9 , 12 : 1 sketches 10: 15 sworn 25:7 reason 15 :22 small 7:24 Sycamore 17:7 recall 5:3 < S > solidly 15:23 systems 11 : 16 receiving 16 :9 safety 14:5 somebody 4: 13, recommend 16:6 salient 11 :8 15: 16 recommending satisfied 16:2 south 3:12 , 12:9, < T > 17: 17 saw 18:21 13:7, 22: 8 , 22: 121 tall 19:4, 19: 17 recorded 25: 14 saying 17: 10, 19 :22 22: 19 technically 6:8 Regarding 14:5, says 21 : 16, 25:7 southerly 22: 15 ten 10: 12 , 10: 13, 15:6 screened 11 : 17, southwest 8: 10, 10: 13, 12 :5 registration 7:24 11 : 18 12:23 tenant 8: 1 related 5: 18 se 12: 1 space 10:24, 18:23 terms 7:5, 7: 10, relationship 13: 8, Second 3: 16, 8: 1 , spaces 7 :6, 8: 1 , 7: 14, 7:22, 8:23, 13: 10 8:23, 23:2 10: 18, 11 : 10, 11 : 12, 9: 10, 10:71 12: 11 remember 19: 13 seconded 3: 18 , 23:4 13:2, 15:20 testified 4: 16, 5:22, REPORT 1 :6 security 21 :4, 21 :6, SPEARS 2: 10, 3:211 14: 1 Reporter 25: 8 21 :9 3:22, 14: 13, 15:61 they've 14: 15 representing 4: 13, seem 17: 12 , 19:20 21 : 3, 21 : 14, 23: 11 third 8: 2 4: 19 seems 19: 14 23:5, 23:6 thirteen 11 : 12 request 15:7, 16: 19 selected 9: 17 specific 14: 16 , thousand 17: 1 , 17:2, requesting 3:7, 5:6, sense 9:20, 11 : 10 16: 13 17:41 17: 10, 17: 11 , 5:8, 9:3, 10: 11 , 10: 12 servicing 16: 9 square 9: 1 , 9: 9, 18: 9118: 12, 18: 12 require 11 : 15 , 11 : 15 set 25: 16 11 :9, 16: 15 throughout 10: 8, required 5:5 seven 9:4, 13: 16 ss 25:2 10 :8, 11 : 18 requirements 7: 13 seven-story 15:7, Staff 6:21 , 6:23 today 13: 14 residential 7:7, 9: 19 , 19: 11 stalls 10: 16, 10: 17 Tom 19: 13 9:21 , 9:23, 10:23 seventh 15: 15 standards 7: 15, top 18:24 residents 20:23 several 15:22 10: 11 tower 7:9, 10:5, 10:6 Response 15:3, shingle 8:6 standing 8: 15 Town 12: 12, 12: 13, 22:21 Shorthand 25: 8 State 13 :22, 21 : 151 12: 17, 13 :8 result 5: 13 show 4:24, 6:9, 25: 1 , 25: 8 traffic 15: 17, 20:8, retail 5:8, 5: 16, 9:6 10: 15 steps 20:21 21 :23, 22: 10 rezoning 3:7 shown 9: 15, 13: 1 stilling 16:5 transcribed 1 :7, River 22 : 19 shut 18:7 stone 8:6 , 8:63 8 : 12 25: 10 Road 1 : 10, 6: 15, side 9:21 , 9:23, 10:2 , stories 9:4, 13: 16, transcript 25: 13 6: 19, 21 :23, 22: 13, 22:8 19:6, 19:7 transportation 21 :21 22: 19 sign 10:4 story 15: 15, 15: 19 travel 16:2 roll 3: 18, 23:4 signage 8: 13, 10:5, Street4:21 , 7: 1 , 22:4 Travis 2: 13, 17:2 roof 8:6 10:5 streetlights 17:6 Treasurer 2 : 12 room 15:21 signalization 22:6 structured 10: 15 treatment 7:21 ROSE 2: 10 signs 10:7 , 13: 141 style 6:9 trees 10:2, 10: 3, rough 16: 14 13: 15 subdivision 3: 14, 10: 3 roughly 22 : 16 site 11 :7, 11 : 14, 12:8 11 :4 truck 14:9, 19: 121 Depo Court Reporting Service (630) 983-0030 City Council February 13, 2007 31 20:2 waiting 15: 16 true 25: 12 walls 8: 11 , 21 :2 trying 15: 10, 15: 16 Water 4 :20 turn 6:22, 6: 22, 8 : 18, watt 17: 1 22:6 wattage 17:5 two 6:7 watts 17:2, 17:4, type 20: 10, 21 :6 17: 10, 17: 11 , 17:21 , typical 10: 16 18: 9 west 13: 11 WHEREOF 25: 16 < U > WHEREUPON 4: 14, ultimate 6 : 11 , 13:2 5:20, 13 :23 ultimately 5: 15 , whole 18 :6 , 21 : 10 11 :23 will 5: 3, 5: 8, 5: 15 , ultrasound 7:23 6:2 , 8: 3, 11 :22 , underlying 5:7 13: 13, 15: 9, 21 : 12, understand 16: 11 22:4, 22: 99 22 : 141 unfortunately 7:3 22: 18 unified 12:21 WILLIAM 2: 12 Unit 3:9, 5 :6 within 7: 15 United 1 :2, 2: 19, 3:67 without 15: 11 3:8, 3: 9 WITNESS 25: 16 Unless 19: 19 WOLFER 2:6, 4: 5, urgent 10: 16 4:6, 23: 13, 23: 14 uses 5: 18 , 18: 17 women 7:22 work 8 : 8, 19: 18 Working 8:20, 12:7 < V > WYETH 2: 18 VALERIE 2: 5 variance 10:7 variances 9:2 < Y > various 5: 17 years 14:7 verify 13: 14 Yorkville 1 :2 , 1 : 11 , verifying 15: 18 2 :20, 3:6, 3:8, 3:9, Veteran 3: 13 , 6: 14, 3: 14, 4: 16, 5:22, 14: 1 6:21 , 7: 10, 7: 19, 8: 15, 8: 16, 8:227 12: 8, 12: 13, 12: 16, < Z > 13: 9 zoning 3: 10, 5:7, via 1 :7, 25: 10 5: 14, 12:6 view 13: 5 village 7: 14, 21 : 16 VITOSH 1 :8, 25:6, < Dates > 25:23 february 13, 2007 volumes 22: 10 1 :9, 1 :9, 1 :9 < W > Depo Court Reporting Service (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVH.LE KENDALL COUNTY H,LIN HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON DRAFT TUESDAY, JUNE 26. 2007. Mayor Bad called the meeting to order at 7:02 P.M and led the Council in the Pledge c Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Absent Werderich Absent Ward 11 Golinski Present Plocher Present _ Ward III Munns Absent Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milscbewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Hart, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot, Building Inspector Dettmer and Public Relations Officer Spies. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bud asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd entertained a motion to remove Item #7 - Fox Hill Unit 7 - Letter of Credit Reduction #3 (PW 2007-91) from the Consent Agenda per the developers request. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, July 17, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, July 17, 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 None. PUBLIC HEARINGS - None. CITIZEN COMMENTS Diane Pobol, 9225 Lisbon Road, voiced a complaint against the Hammon compost operation. She stated that Mr. Hammon is not properly plowing the yard waste under. She noted that the compost is not clean; it contains paper and plastic products. She also commented that when there is work being done in the fields dust tolls over her property. She submitted pictures of the fields (see attached) and asked the City Council to make Mr. Hammon comply with standards. The Minutes of the Regular Meeting of the City Council — June 26. 2007 — Pace 2 Todd Milliron, 61 Cotswold Drive, gave a speech regarding Mr. Hammon's yard waste operation. He distributed copies of the speech, state statute 415 ILCS 5/Section 21 and photos of the fields (see attached). Joanne Gilbert, 8730 E. Higbpoint Road, commented to the Council that Mr. Hammon is using a chisel plow rather than a disc plow to turn over his fields which should be done every couple of years. She noted that the compost operation stinks. Carlo Colosimo, 216 Elizabeth Street, noted to the Council that there was no Ward I representative at the meeting tonight. He also commented that he was opposed to a bank moratorium because this is a free-market economy and numerous banks were best for consumers. He also commented that while banks don't contribute to the tax base, they usually we the best looking building in a strip mall. They take pride in their facilities which helps to keep property values up. Fred DuSell disagreed with Mr. Colosimo and stated he would like to see tax producing properties in the City because his taxes went up 20% last year. CONSENT AGENDA 1 . Ordinance 2007-46 — Approving Minor Change to Yorkville Market Square Planned Unit Development Agreement - authorize the Mayor and City Clerk to execute (EDC 2007-22) 2. Raymond Storm Sewer Outfall - Change Order #4 authorize increase in an amount not to exceed $2,055.95 and authorize Mayor to execute (PW 2007-85) 3. In-Town Road Program (Phase 2 Utilities) - Change Order #1 - authorize increase in an amount not to exceed$37,122. 73 and authorize the Mayor and City Clerk to execute (PW. 2007-86) 4. Kendall Marketplace — IDOT Letter of Understanding for Route 34 Improvements - authorize the Mayor to execute (PW 2007-87) 5. Rusb-Copley Temporary Stormwater Management Easement Agreement - authorize the Mayor and City Clerk to execute (PW 2007-89) 6. Raging Waters Letter of Credit Release — authorize release of the Valley Community Bank Letter of Credit #14368 in the amount of$551, 106. 09 (PW 2007-90) 7. 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 (PW 2007-92) 8. Gawne Lane Watermain and Roadway Improvements — Bid Results — award to Bish Excavating Company in an amount not to exceed $253,220.50 (PW 2007-93) 9. Moser Property Service Extension with CmLands — authorize one year service extension in an amount not to exceed $10,000.00 as presented (PKBD 2007-15) 10. Kendall County Paratransit Service (COW 2007-06) a. Letter of Commitment - authorize Mayor to execute, subject to staffreview b. Resolution 2007-39 — Approving Local Match Dollars for Grant Application for the Kendall Community Transit Project - authorize City Clerk to execute, subject to staff review 11 . Ordinance 2007-47 — Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 (Kendall Marketplace) - authorize the Mayor and City Clerk to execute (COW 2007-81) 12. Ordinance 2007-48 — Declaring Compliance with Illinois Prevailing Wage Act - authorize the Mayor and City Clerk to execute (COW 2007-82) Mayor Burd entertained a motion to approve the Consent Agenda. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-5 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Golinski-aye, Burd-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Burd reported that she made a presentation of the former chairman of the Plan Commission, Tom Lindblom, for his twelve years of service as chairman. Also, there will be a Kendall County Planning Consortium on July 19, 2007 at 6:00 p.m. Director Miller added that invitations have been sent out to area plan commissions for the event which is being hosted by the United City of Yorkville. He stated that this will be an opportunity to share and plan for the future. MINUTES FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the City Council meetings of May 22, 2007 and June 12, 2007; seconded by Alderman Golinski. The Minutes of the Regular Meetine of the City Council — June 26, 2007 — page 3 Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meetings of May 15, 2007 and June 5, 2007; seconded by Alderman Golinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to amend the bill list to remove Waubonsee Community College check in the amount of $600.00 listed on page 35 of the bill list; seconded by Alderman Golinski. Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed Board Report dated June 13, 2007 totaling the following amounts: checks in the amount of $574,538.52 (vendors); $254,961 .59 (payroll period ending 6/9/07); for a total of$829,500. 11; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-5 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Golinski-aye, Burd-aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions Mayor Bard reported that she was reappointing Margie Putzler to the Fire and Police Commission. She asked for a motion to accept the appointment. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Mayor Burd reported that she was appointing John Hegler, to the Plan Commission. She entertained a motion to accept the appointment. So moved by Alderman Plocher; seconded by Alderman Spears. Motion approved by a viva voce vote. Mayor Burd reported that she is looking for an architect who would be interested in serving on the Fagade Committee and that her recommendation of Vicki Coveny for the Park Board would be forthcoming. . CITY COUNCIL REPORT Ordinance 2007-49 Amended and Restated Governing Ordinance Mayor Burd entertained a motion to approve the amended and restated Governing Ordinance, United City of Yorkville addressing: ethical standards, elected officials, duties and responsibilities, meeting schedules and committee structure, as presented. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-5 Nays-0 Sutcliff-aye, Golinski-aye, Plocher-aye, Spears-aye, Burd-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Meeting Schedule Interim City Administrator Olson reported that with the approval of the amended and restated Governing Ordinance, the committee structure and meeting dates will change. He noted that the Administration Committee and Public Works Committee meetings will be held on the first The Minutes of the Regular Meeting of the City Council — June 26. 2007 — oaee 4 Tuesdays of the month beginning July 3, 2007. On the third Tuesday of the month the Public Safety Committee and the Economic Development Committee meetings will be held and that Committee of the Whole meetings will be followed by a City Council meeting on the second and fourth Tuesdays of the month. He stated that this information would be updated on the City's website tomorrow and anyone with questions should call city hall. Vision Planning Meetings Interim City Administrator Olson reported that a business focus group vision planning meeting was scheduled for June 27, 2007 at 7:00 p.m. Other vision planning meetings scheduled were for seniors on July 3, 2007 at 8:30 a.m. and for teens on July 9, 2007 at 6:30 p.m. A vision statement will be crafted after the completion of the focus group meetings. Yorkville-Bristol Sanitary District/City Council Meeting Mr. Olson reported that a special Yorkville-Bristol Sanitary District/City Council Meeting was being held on June 28, 2007 at 6:30 p.m. at the YBSD offices to discuss infrastructure projects. FINANCE DIRECTOR'S REPORT No report DIRECTOR OF PUBLIC WORKS REPORT In-Town Road Program Director Dbuse gave an update on the In-Town Road Program; the roads under construction were scheduled to be pulverized and rolled this week and the curb prep work was also to be done. The project was still on track with paving estimated for the end of July 2007. Water Conservation Director Dbuse asked the public to conserve water as the Water Department has seen an increase in water pumpage. He stated that anyone needing clarification of the watering ordinance should see the City's website or call city hall. Mayor Burd noted that Lake Superior's water level has dropped and that this may affect the aquifer that supplies Yorkville's water. Countryside Parkway Alderman Spears inquired about the construction on Countryside Parkway and City Engineer Wywrot explained that it concerns the water service for the new office building. CHIEF OF POLICE'S REPORT Lieutenant Hart reminded everyone to use caution while traveling for the 0 of July and he noted that recently retired canine officer Sammy passed away after a battle with cancer. DIRECTOR OF PARKS & RECREATION'S REPORT Ribbon Cutting and Park Dedication Director Mogle reported that a ribbon cutting was scheduled on Friday, June 29, 2007 at 6:00 p.m. at the Raintree Park. Also, on July 3, 2007 the Bridge Park will be dedicated in conjunction with youth baseball. Park & Recreation Department Survey Director Mogle reported that the Park Board has received a new proposal from Northern Illinois University for a mail survey costing $1,000.00 less than the original quote. The Park Board will be discussing this at their next meeting. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Report on Hammon Property Director Miller turned the floor over to Building Inspector Dettmer who reported that the Building Department met with Mr. Hammon and has been performing inspections on his composting operation. I& Dettmer explained the inspection procedure; when a complaint is received the inspector visits the scene from where the call originated. The wind speed, direction and air temperature are noted as well as any other information received in the complaint such as odor, debris, etc. Mr. Dettmer stated that he has spoken with inspectors from the Environmental Protection Agency (EPA) and asked Mr. Hammon for copies of his EPA inspections however he has not received them yet. Mr. Dettmer indicated that the majority of the complaints have been unfounded. He indicated that he has inspected for garbage complaints and that Mr. Hammon has five employees who clean up daily the plastic mixed in with the yand waste. Also, he has responded to complaints of odors but has not found it coming from Mr. Hammon's property however while on inspections he observed odors coming from neighboring properties. Mr. Dettmer asked that those reporting complaints please leave their name, address and telephone - number. He also offered to meet with complainants so he could better service them. He informed the Council that the inspectors are keeping a log of complaints and visits and we available by telephone (630-689.9323) anytime. The Minutes of the Reeular Meeting of the City Council — June 26, 2007 — maze 5 Mayor Burd reported that she met with Larry Cooper who is the manager of the facility for three hours. He explained his reasons for getting involved in organic farming. He noted that this procedure provides a pure way of fanning without pesticides and improves the quality of the soil which then produces higher yields. She explained that he invited her to tour the site but she hasn't done this yet. Interim City Administrator Olson reported that he drove past the site and didn't smell the operation until he was "on its doorstep". He then returned to tour the site the next day when the temperature was in the 90's. He noted that he did not smell anything until he was on the facility's property. He reported that the procedure was explained to him and be observed that all of Mr. Hammon's property is used for composting. He noted debris on the ground (paper and plastic) but saw several workers picking up garbage. Alderman Spears asked if Mr. Olson's visit was unscheduled and he responded it was not. She also asked how often the EPA issues reports and Mr. Demmer stated every six months. She asked if Mr. Hammon had the proper license and/or permit for his operation and Mr. Dettmer explained that he does not believe Mr. Hammon has a permit because it is considered a farming operation. Alderman Spears suggested that a FOIA request be made for the reports and asked Mr. Olson to research permits for this type of operation. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • A Ward link was now available on the City's website. • On Wednesday June 27, 2007 there would be a 50 Anniversary Celebration at the Riverfront Park with the Big Band playing. • On July 4, 2007 there will be an ice cream social at the Riverfront Park from 1:30 to 4:30 p.m. • Positive feedback was received regarding the Promenade of Arts held on June 22"d and 23rd, 2007 even though the event was mined out on Saturday. COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that the Cable Consortium's June meeting was cancelled and the next will be on July 5, 2007. School District Mayor Burd reported that she and Director Dbuse were going to meet with the School District in July to discuss the street situation and bus routes. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT US 34 & Sycamore Road Traffic Signal Smith Engineering Consultants Design Engineering Agreement (PW 2007-88) Alderman Plocher entertained a motion to approve the Smith Engineering Consultants Design Engineering Agreement, as presented. So moved by Alderman Spears; seconded by Alderman Golinski. City Engineer Wywrot explained that the proposal is in order to prepare plans for a three-legged intersection based on Illinois Department of Transportation's (IDOT) approval of the intersection study. However it has been discussed that this will need to be a four-legged intersection when the property to the north of Route 34 (Rob Roy Falls) develops. The developers of this property will be performing a traffic study to indicate this and then this information will be sent to IDOT for the approval of a four-way intersection. Mr. Wywrot explained that this is a lengthy process and while this is being done a span wive light could be installed rather than permanent three-legged lights. IDOT allows this type of temporary light for a twelve month period however this is an aggressive schedule in which to try to get the four-legged intersection approved. Alderman Spears asked if there have been negotiations with the developer and Mr. Wywrot indicated there have not however the developer has indicated that they would like to work with the City to improve the intersection. Alderman Spews suggested postponing the vote until the City Attorney can meet with the developer. There was some discussion regarding the warrant study, a span wire study, design of the span wire light, and the timeline for the installation of a traffic light of any type at this location (at least one year). The Minutes of the Regular Meeting of the City Council — June 26, 2007 — oaee 6 Tony Graff, consultant to the Rob Roy Falls developer, addressed the Council and reiterated that the developer would like to work with the City to develop the intersection. He indicated that they would be having there traffic consultant working on the IDOT permits and asked if the Council would give the developer a few weeks to work on this. He indicated that a four-way stop is more marketable for the developer. He also suggested that the City Council approve the proposal in front of them contingent on working with the developer. After some discussion it was decided to proceed with the motion on the floor in order to get the process moving and to discuss the temporary light at the July 10, 2007 Committee of the Whole meeting. Motion approved by a roll call vote. Ayes-5 Nays-0 Golinski-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Burd-aye Resolution 2007-40 US 34 & Sycamore Road Traffic Signal MET Appropriation Resolution (PW 2007-88) A motion was made by Alderman Golinski to approve the MIT Appropriation Resolution, as presented; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-5 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Golinski-aye, Burd-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Authorizing the Execution of the Wynstone Townhomes Restated and Amended Annexation Agreement (PC 2007-17) Attorney Roth indicated that this item could not be voted on because an extraordinary vote of six aldermen was needed for approval. Mayor Burd entertained a motion to table the ordinance authorizing the execution of the Amended and Restated Annexation Agreement with SB & WD, LLC ("Owner") and ("Developer"), as presented. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a viva voce vote. Approving Variance for Signage for the Yorkville Congregation Church (PC 2007-13) A motion was made by Alderman Golinski to approve an ordinance approving a variance for signage for the Yorkville Congregational Church located at 409 Center Parkway, as presented, subject to final legal and staff review. The motion died for lack of a second. Attorney Roth suggested that a motion be made denying the variance. A motion was made by Alderman Golinski to deny an ordinance approving a variance for signage for the Yorkville Congregational Church located at 409 Center Parkway, as presented, subject to final legal and staff review; seconded by Alderman Spears. Alderman Spears noted that the sign was inappropriate and against the current sign ordinance and Mayor Bud noted that this is the type of sign the city is trying to have removed from other locations. Motion approved by atoll call vote. Ayes-5 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Golinski-aye, Burd-aye Approving Variance for Signage for the Saratoga Homes Property (PC 2007-18) A motion was made by Alderman Golinski to approve an ordinance approving a variance for signage for the Saratoga Homes property located at 3600 North Bridge Street, as presented, subject to final legal and staff review; seconded by Alderman Spears. There was some discussion regarding the size of the sign and the distance between the signs. The Zoning Board of Appeals recommended the two signs be a certain distance apart but did not recommend a particular height. They did deny the requested size. The Minutes of the Reeular Meetine of the City Council — June 26, 2007 — uaee 7 Aldermen Spears and Sutcliff indicated that there are already quite a few signs in the area and it does not look good. Director Miller indicated that the existing signs were installed before the ordinance was in effect. Alderman Spears suggested readdressing the sign ordinance. Motion defeated by a roll call vote. Ayes-1 Nays-4 Plocher-aye, Spears-nay, Sutcliff-nay, Golinski-nay, Burd-nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Ocean Atlantic Alderman Golinski complimented Mr. Olson's memo to the City Council regarding agenda outcomes. He questioned if a response had been received from Ocean Atlantic regarding the Rob Roy Creek Interceptor payment. Mr. Olson explained that none had been received and Alderman Golinski suggested that the City move forward with legal proceedings. Attorney Roth suggested that this be discussed in Executive Session at the next City Council meeting. Mining Operation Ordinance Alderman Spears suggested that the City Council look at developing a mining operation ordinance as soon as possible. Bank Moratorium Alderman Spears suggested that a bank moratorium be explored and suggested that the City adopt restricted locations for banks since no revenue is generated from them. Donated Picture Mayor Burd reported that the Scull family bas donated a picture from a 1907 postcard showing the Historic Courthouse. She thanked them for their donation. Tree Removal Moratorium Burd reported that she received an email from Mr. Wywrot regarding the removal of parkway trees on Heustis Street due to the In-Town Road Program. She called for a moratorium on tree removal and indicated that trees should only be removed if they are damaged or dying. She asked that the Council revisit a "Canopy" ordinance in order to save the green look of older areas. Fox Highlands Landscape Issue Alderman Spears reported that she received an email regarding a landscape issue in the Fox Highlands subdivision. No one else present received the email so she indicated she would copy everyone on it. 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 8:40 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN HELD IN THE CITY HALL CONFERENCE ROOM gTUGESSD Y MAYRO.�ON ON ] DRAFT Mayor Burd called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward It Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward lV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Administrator Olson and Hunan Resource Manager Kasper 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. MAYOR'SREPORT Discussion of City Administrator Recruitment Mayor Burd reported that this meeting was to meet with McGrath Consulting Group, Inc. to discuss the Council's vision for a City Administrator. She turned the meeting over to the McGrath's. Dr. Victoria McGrath (Chief Executive Officer) introduced herself and Dr. Tim McGrath, (President). She explained that they have been working with the City on the hiring of a new City Administrator. She gave an update of what they have done so far; they have met with the Mayor, Assistant City Administrator and Human Resource Manager where together they developed a generic list of qualifications and skills that traditionally go into an advertisement. The ad has been placed in five different publications and websites and as a result twenty-eight applications have been received, ten of which are very good. They also developed a recruitment profile that will go out to all the candidates. Dr. V. McGrath explained that she has taken all the resumes and has condensed them into a recruitment profile containing information such as the applicants name, education, previous employment, etc. which the screening committee can use. She will be dividing the applicants into three categories; meets qualifications, meets some of the qualifications and doesn't meet any of the qualifications. She stated that today they would like to get input from the City Council to help screen the applications down. She turned the floor over to Dr. Tim McGrath who clarified that the summary sheet that will be given to the City Council is so that quick references can be made. He noted that the candidate's resumes are available for review at any time. Dr T. McGrath explained that Dr. V. McGrath compiles the screening sheets and then gives him the resumes. He then he works with both the summary and resumes. They place a code on each resume and then they sit down and discuss the candidates. He also gave information on assessment center testing which he has been doing to twenty-eight years. Dr. T. McGrath posed several questions to the City Council: 1. What skills and qualifications is the City Council looking for in a City Administrator? • Leslie —good judgment and the ability to work well with others. • Munns —no-nonsense leader that includes input from department heads but then makes a decision, a good communicator. He preferred a candidate with experience, education and no political ties. • Spears —an honest and positive candidate who would work well with the staff. • Werderich —a facilitator, a good communicator and someone with a vested interest in making things work. The Minutes of the Special Meeting of the City Council — May 31, 2007 — page 2 • Golinski —A non-partisan candidate, who would be accountable, professional, experienced in finance, budgeting, personnel, etc., a good communicator and has a good temperament. He also indicated he would prefer seeing a candidate without ties to the City and that is from outside the area. • Sutcliff— an independent leader, good communicator with both staff and the City Council and a positive personality. • Plocher — someone new in career, a "go getter". Other items discussed in regards to this question were; personality assessments, gender of the candidates, the non-diversity of the pool of candidates, etc. 2. Would the City Council prefer a candidate with experience as an administrator or as an assistant administrator? • Leslie — preferred someone with previous administrator experience • Werderich — he didn't have a preference. • Spears - open to an assistant administrator • Golinski — preferred someone with previous experience and not an assistant moving up • Sutcliff— thought an assistant from a larger municipality could be qualified. • Munns — did not want a "re-tread" The City Council also discussed Yorkville's ability to attract an experienced administrator. 3. What type of management style does the City Council want? • Plocher — no input • Spears — no micro- manager, open management style • Sutcliff— no input— not experienced in management styles • Werderich — strong manager, a leader, a communicator • Golinski — strong, open-minded, participatory • Leslie — dedicated, empathetic and strong o Munns — visionary, participatory 4. What type of communication style? • Burd — someone who understands what government is about; that the aldermen are the decision makers • Munns — open, someone who understands who the client is (treats the City Council as their customer) • Leslie — open, empathetic, mentoring • Golinski — effective communicator, researcher o Werderich — facilitator, mediator, someone able to blend info • Sutcliff— balanced communicator, not over controlling • Spears — someone who understands each department and department head • Plocher — someone who can be looked up but also understands he works for the City Council and the residents 5. What are some of the challenges that Yorkville is facing? • Leslie — quality growth for both residential and commercial • Sutcliff— developments that help the local economy by using local people • Golinski — maintaining the City's "small town" charm • Powell — intuitive understanding of financial responsibilities • Spears — Return to original standards; large lot sizes, follow Comprehensive Plan _ o Leslie — border relations, stress on school, community development for young starter families and seniors o Burd — Redevelopment of downtown o Plocher — transportation issues, road quality and traffic o Werderich — turn over in administration o Munns — revitalization of downtown, youth population Also discussed was the "team" of departments and department heads, knowledge of water, infrastructure, utilities, tipping point between residential and commercial, individual with vision, etc. The Minutes of the Special Meeting of the City Council — May 31, 2007 — page 3 6. In one to three words, the number one thing I want in a new administrator is.. . . . . • Munns — leadership • Leslie — assertive decisiveness • Golinski — accountable leadership • Werderich — facilitator • Sutcliff— visionary facilitator • Spears — honest individual • Plocher— transition person The McGrath's opened the floor for questions from the City Council. Alderman Sutcliff questioned the time line for hiring. Dr. V. McGrath explained she was trying to establish a meeting of the screening committee on either June I I1h or June 14, 2007. After that meeting, she would recommend a thirty minute screening interview to narrow the candidates. Out-of-state candidates will be screened by via conference call. Two to three weeks after that will be the assessment center. She indicated that it would take four to six weeks to accomplish all the tasks. After that time, it depends on the number of finalists. They then recommend that the family of the candidates be brought in to see the community and meet the screening committee. They also recommend a site visit to were the candidate is currently employed. Alderman Sutcliff asked if applications were still being taken and Dr. T. McGrath indicated that the ad is phrased to indicate that the first screening is until the end of today. However, he indicated that as applications continue to come in, they will be assessed. There was some discussion regarding the advertisement and how it reads. Alderman Maine asked what date is the deadline for someone in place. Dr. V. McGrath indicated that it was not the McGrath's decision and this depended on the City Council. She estimated that if everything goes smoothly, the new administrator could be in place by August or September. Alderman Golinski asked what the nest step was. Dr. V. McGrath explained that it was the meeting of the screening committee which consists of Munns, Spears, Golinski, Werderich and Bard. She asked the members to meet with her after this meeting to confirm the date and time. She further explained that the members will receive a packet of information and the meeting will be held in closed session. Other aldermen can attend but not participate in the process. Dr. V. McGrath stated that the assessment center process will be discussed with the screening committee. She explained there is "down time" in this process and at that time the other City Council members can have discussions with the screening committee. Alderman Leslie asked if the candidates will be subjected to a psychological battery. Dr. V. McGrath stated they did not. Alderman Leslie asked if this was legal to do and Dr. V. McGrath indicated that it can be done once an offer has been made. Human Resource Manger Kasper indicated that no other employees have gone through a test. There was no further discussion. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8: 10 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois DRAFT Minutes of the June 28, 2007 Special Meeting Between The Yorkville-Bristol Sanitary District and The United City of Yorkville 6:00 p.m. Sign-in and Ralph Pfister's opening comments: Tonight we would like to define the Sanitary District's role as a partner with the City of Yorkville. To talk about the present and future projects at the Yorkville-Bristol Sanitary District, and to open it up to dialogue between board members. Would everyone please state your name and affiliation. Present were: Arden Plocher, Alderman Robin Sutcliff 3`a Ward Alderman Matt Schura, Record News Valerie Burd, Mayor of Yorkville Brent Ekwinski, YBSD Trustee Joe Wywrot, City Engineer Butch Konicek, Landowner Jeff Freeman, EEI, City of Yorkville Travis Miller, City Community Development Joseph Besco, 4h Ward Alderman Rose Spears, 4' Ward Alderman Bart Olson, City Administrator John Frerich, Walter E. Deuchler & Associates Mark Halm, Walter E. Deuchler & Associates Terry Koehler, YBSD Secretary (minutes) Ralph Pfister, Yorkville-Bristol Sanitary District Executive Director Ralph Pfister also gave a brief history of the Yorkville-Bristol Sanitary District (YBSD). John Frerich, representing Walter E. Deuchler & Associates discussed the Sanitary Sewer Infrastructure Fee process and how YBSD and the United City of Yorkville (City) interrelate. He also gave a brief explanation of the Facility Planning area. He explained that the District owns and maintains sewers 18 inches and larger, with the remaining of sanitary sewers being owned by the City. John explained sanitary sewer funding (how costs are arrived at, etc.) and what a developer would have to pay to annex into the district to receive service (pay toward the funding of those interceptors — i.e. development and growth to pay its own way, etc. Stated how we try to use a minimum of pump stations (albeit a necessary evil). Temporary pump stations include Kylyns Ridge, Centex, and combined three pump stations into one at Bruell Street Pump Station. The District reviews the same development plans that the city reviews to make sure they meet the district's standards, and to make sure of compliance with the long-term planning (i.e. the correct interceptor tied into the correct sewer, not overloading for future use, etc.) i Mark Halm representing Walter E. Deuchler & Associates gave a presentation on the current Wastewater Treatment Plant (W WTP) process and future plans of upgrading the W WTP. He also discussed the Facility Plan that had been submitted to IEPA concerning the new expansion. End of formal presentation — Ralph Pfister asked if their were any questions from the attendees: Rose Spears Questions: What is the cost of the expansion going to be, and do you have the funds? Ralph Pfister, Answer: The initial cost estimate was 28 million dollars, pared back to around 20 million. The District does have some funds from Annexation Fees. The funds are there... the exact timing as to a Revolving Loan or issuing of bonds has not yet been decided by the trustees. We may have to borrow l0 or 15 million dollars depending on the timing, but hopefully we will have enough money and not have to raise rates. So to answer your question, at this point, around 20 million dollars, ballpark number. I Why are our rates higher than Fox Metro's? Ralph Pfister, Answer: Right now Fox Metro rates are possibly higher than ours. But we have a debt service portion we have to pay that might be a little higher. Hard to compare one district to another, Fox Metro's District is 10-15 times bigger than us, and their revenue base is huge. They j are also gearing up for a large upgrade soon. It is all a matter of how much money you have, and what your revenue is. Most of our revenue comes from the User Fee. Some areas have higher rates than we have, but I don't foresee rates going up right now. Joseph Besco Questions: When looking at growth, do you look at Building Permits or at proposed number of housing units and Commercial development? Ralph Pfister, Answer: That is kind of a hard call, we kind of look at both items. We have depended on the City — we kind of feel you guys are the leaders, our job challenge is to try to provide the capacity (and obviously treat the waste) and to balance the interceptor capacity with the W WTP capacity. I believe Bart did an aggressive, a medium and a low projection of the population. I think our population projection is even a little more conservative than the City's lowest projection. It's a hard call actually... Questioner: I was just wondering about for future expansion what you base it on. Answer: The engineers use PE (population equivalent) per acre... also look at the Infrastructure Fee and the Facility Planning area that John talked about — the sewers are all sized for a certain PE, so that kind of sets the tone... we need to make sure one keeps up with the other. Mark Halm, Answer: The Illinois Environmental Protection Agency (IEPA) requires the Facility j Plan be written looking at a 20 year window. We haven't designed the plant for that, we've designed it in phases... for a number of years. That way, we don't overbuild. The option was presented to the Board, and they chose to expand in Phases. (Took middle of the road approach in phases). Brent Ekwinski, Answer: From the Trustees perspective it is a tough call, because we had a certain amount of lead-time to get the expansion going, and from where we were two years ago to where we are now... it's a struggle as to how soon we start to provide service. But if things really slow down, we have not spent the 20 million dollars for items that are not going to be used. Funding options were also discussed, and how hard it is to predict the future to know when and how much to expand. Ralph Pfister Answer: Good point, it takes about 2 years to construct, and the next project will take about 2 years. Butch Konicek Questions: Is the Connection Fee and the Annexation Fee one and the same? Ralph Pfister, Answer: No, two different fees. j Questioner: Does YBSD charge a fee for number of drains in facility similar to Fox Metro? Ralph Pfister, Answer: Yes. Konicek: When does it get paid, at time of Annexation or Connection? Ralph Pfister, Answer: It can be paid at time of Annexation but has to be paid before the IEPA permits are signed. The Infrastructure fee monies can only be used for sanitary sewers, Annexation Fee monies can be used for most anything. Konicek: In regards to the Annexation Fee for the Facility Planning areas on the map outlined in black, John had mentioned those are paid for by Developers... does that include the cost of engineering, or is the engineering now done for that area... etc? Konicek, OK, so that cost is fixed now, so any Developer that comes in, it's a Flat Fee? Questioner wanted to make sure fees would not get paid a second time, etc.... he was told that agreements were worked out with Travis at the City. The payments are on the books and shown as monies paid by certain developers, for credits, correctly — yes. The credit paid for development property goes with the land. Ralph Pfister explained that Sanitary Sewers were separated in 1974. (Combined sewers were eliminated) ! I Jeff Freeman Questions about W WTP capacities for Phase 1 and Phase 2. Mark Halm answered the design average flows are approximately 2 million gallons per day (mgd) for phase I and 2 mgd for Phase 2. Rose Spears Question: Where does the sludge go from YBSD? Answer: We are going to a landfill. We have an agreement with the City of Yorkville to j reimburse us for this called "Tipping & Hauling (Transportation Fees)" because of the radium i discharged to YBSD from the City's potable water treatment plants. Joe Wywrot question: Is there a projected construction start date? Answer: 2008 — maybe late 2007. That is probably a little too aggressive. The YBSD has been very fortunate for many years not to put the City into a position that it cannot grow. i Jeff Freeman asked about NPDES Applications. Ralph Pfister: We just received a new NPDES Permit (Regular Renewal, similar to previous permit.) Jeff Freeman: The fact that the YBSD participates in the Fox River Study Group probably helps with the NPDES application. Ralph Pfister, Answer: Yes Ralph Pfister, Two main changes are the dissolved Oxygen requirement. The YBSD has been providing this treatment with aeration of the effluent for twenty years. The second change is the ammonia standard becoming more strict during the month of March. Meeting adjourned 6:40 PM. Ralph Pfister provided a tour of the W WTP. I i I 1 a 3 4 s 6 n iOYBSD YORKVILLE - BRISTOL SANITARY DISTRICT v h' I THE YORKVILLE-BRISTOL SANITARY DISTRICT AND THE UNITED CITY OF YORKVILLE THURSDAY, JUNE 289 2007 MEETING COMMENCING 6:00 pm 304 RIVER STREET i YORKVILLE, ILLINOIS 60560 - SIGN-IN SHEET j i I ' Name (please print) Affiliation Phone No. AAVIS P1 I i Sw Cr,3- 1 7 PL M A+4� 9t f0i✓ Alfw .s 3 r '7v 3 `f 4 - SD OA 0 bvipfiu ti Korilc �Yf fiN E�"Z - c , o F o pfd - 93So Telkvls MAU'ay..- AllemAm WArA q 1* o 9 653 - 121q4 o � e = so 49R © - WRRb4 553 - r - Lti 5S3- 853 Er Zia - S:er SS 3- bS rrr, I�cw R74 -g��I - tlq 0 RALpm E. P51STER EXECUTIVE DIRECTOR OFFICE 630.5537657 TO, BOX 27 304 RIVER STREET FAX: 630.55315,94 YORKVILLE, ILLINOIS 60560 )I0X7W.YB3D.ORO 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 July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.ii.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o�gs minutes.cfm 4 EST. , 1036 <GE \by`2 Agenda Item Number Mayor's Report#2 Tracking Number PKBD 2007-16 This page serves as a placeholder for the draft document Whisperinz Meadows Park Construction Bid Results, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/g_ov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm -Z) T M. , ®1836 Agenda Item Number Mayor's Report#3 Tracking Number PKBD 2007-17 This page serves as a placeholder for the draft document Hiding Spot Park Equipment Purchase, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm 1) C4 2 4 0 ESL v 836 Agenda Item Number Mayor#4 Tracking Number COW 2007-09 This page serves as a placeholder for the draft document Agareem en t between th e City an d th e Old B am Museu m, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.ii.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs_minutes.cfm EST. 1836 0 �kE ��'� Agenda Item Number City Council Report Tracking Number COW 2007-11 This page serves as a placeholder for the draft document Amended and Restated Governinz Ordinance, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, htlp://www.yorkville.il.US/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ESL ,. 1036 � y <CE \V� Agenda Item Number PW#1 Tracking Number COW 2007-10 This page serves as a placeholder for the draft document Route 34 1Sycamore Road Traffic Sijznal, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm �,�Sp Cl;, 1836 I�.;r w i C/Ty Reviewed By: Agenda Item Number J= s Legal ❑ �� C ' EST.. 1 � 1836 hinance ❑ ti Engineer ❑ =- City Administrator ❑ Tracking Number .t 1 � y O CE� O� Consultant ❑ 9�G'L, Human Resources ❑ PC 2007- 17 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 "A", 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 "Al Agenda Item Number EDC#2 Tracking Number EDC 2007-23 This page serves as a placeholder for the draft document Yorkville Crossing Unit I — Crimson Lane Rijeht--of-Way Dedication, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o� v mtgs minutes.cfm \REV Cl J= ? O ESL I6]6 9 cl h CE Agenda Item Number EDC#3 Tracking Number EDC 2007-10 This page serves as a placeholder for the draft document Ordinance Addinz Chapter 16, Visitability Code, to Title 8, United City of Yorkville Municipal Code, which was included in the July 10, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, htlp://www.yorkville.il-us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http•//wwwyorkville.il.us/ og v mtgs minutes.cfm `,\ED Copy EST. 1036 '9 uw°1yw ?O CCE \V"