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City Council Packet 2007 08-14-07 4 �° °'r` United City of Yorkville a 00 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 ® Telephone: 630-553-4350 Fax: 630-553-7575 <kE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, August 14, 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., September 4, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., August 21 , 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., September 4, 2007 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., August 21 , 2007 City Hall Conference Room City Council Meeting Agenda August 14, 2007 Page 2 Presentations: None ----------------------------- ----------------------------- - -------------- - Public Hearings: None -------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ Citizen Comments: Consent Agenda: 1 . PC 2007- 16 Resolution Approving Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal-Mart) — authorize Mayor and City Clerk to execute, subject to final staff and legal review 2. ADM 2007-57 Monthly Treasurer's Report for June 3 . ADM 2007-63 Ordinance Approving the Revision of the 2007-2008 Fiscal Library Budget for the United City of Yorkvile — approve revised budget as presented 4. PW 2007-94 Water Department Report for May 2007 5. PW 2007-95 Water Department Report for June 2007 6. PW 2007-96 Grande Reserve Unit 2 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by October 12, 2007 7. PW 2007-97 Grande Reserve Unit 12 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by October 5, 2007 8. PW 2007-98 Grande Reserve Unit 14 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by October 5, 2007 9. PW 2007-99 Grande Reserve Unit 15 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by October 12, 2007 10. PW 2007- 100 Grande Reserve Unit 20 — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by September 7, 2007 11 . PW 2007-101 Grande Reserve Unit 23 — Letter of Credit Expiration ( Landscaping) — authorize City Clerk to call letter of credit if it is not renewed by October 22, 2007 12, PW 2007-102 Grande Reserve Unit 23 — Letter of Credit Expiration (Sitework) — authorize City Clerk to call letter of credit if it is not renewed by October 22, 2007 13 . PW 2007- 103 King Street Raw and Finished Watermains — Change Order #2 — approve increase in an amount not to exceed $6,404. 00 and authorize Mayor to execute 14. PW 2007- 106 In-Town Road Program — Construction Materials Testing Agreement with Professional Service Industries, Incorporated — approve as presented and authorize Mayor to execute 15 . PW 2007- 109 Yorkville Business Center Units 2 & 3 — Final Acceptance & Bond Reduction — accept public improvements for ownership and maintenance, subject to receipt of Bill of Sale and authorize a reduction to Unit 2 Bond in an amount not to exceed $86, 660. 04 and a reduction to Unit 3 Bond in an amount not to exceed $76, 673.21, subject to verification that developer has not outstanding debt owed to city 16. PW 2007- 110 IDOT Hwy. Permit & Resolution — Rt. 47 & Wheaton Ave. Intersection Improvement — authorize Mayor and City Clerk to execute City Council Meeting Agenda August 14, 2007 Page 3 Consent Agenda (con't): 17. PW 2007- 113 Raging Waves — Sitework LOC Reduction #1 — authorize reduction in an amount not to exceed $419, 096. 47, subject to verification that developer has not outstanding debt owed to city 18. PW 2007- 117 Signage on State Highways — Excessive Engine Braking — authorize mayor to execute 19. PW 2007- 122 Whispering Meadows Unit 1 — Bond Reductions — authorize sitework bond reduction in an amount not to exceed $249, 907. 62 and landscaping bond reduction in an amount not to exceed $503,500. 00, subject to verification that developer has not outstanding debt owed to city 20. PW 2007-123 Whispering Meadows Unit 2 — Bond Reductions — authorize sitework bond reduction in an amount not to exceed $989, 612. 74 and landscaping bond reduction in an amount not to exceed $130, 914. 18, subject to verification that developer has not outstanding debt owed to city 21 . PW 2007-124 Whispering Meadows Unit 4 — Bond Reductions — authorize sitework bond reduction in an amount not to exceed $2,314, 828.31 and landscaping bond reduction in an amount not to exceed $81,284. 00, subject to verification that developer has not outstanding debt owed to city Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — July 24, 2007 Minutes of Committee of the Whole — July 24, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1 ,038,475 .42 (vendors) $ 236,352. 16 (payroll period ending 7/21/07) $ 18,314. 10 (payroll period ending 7/31/07) $ 233 ,418.60 (payroll period ending 8/1/07) $ 1 ,526,560.28 (total) Reports: Mayor's Report: 1 . COW 2007- 14 Resolution Endorsing Metropolitan Mayors Caucus' Greenest Region Compact City Council Report: City Attorney's R ems: City Clerk's Report: City Treasurer's Report: City Administrator's Report: City Council Meeting Agenda August 14, 2007 Page 4 Reports (con't): Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . PW 2007-105 In-Town Road Program — Heustis Street Trees 2. PW 2007-107 In-Town Road Program — Sanitary Manhole Replacement — Change Order #2 3 . PW 2007-112 Kendall Marketplace — Earthwork LOC Reduction #1 4. PW 2007-116 EEI Engineering Agreements for Well and Water Tower Rehabilitation a. Contract H. 1 for Well Rehabilitation b. Contract H.2 for Water Tower Rehabilitation and Painting 5. PW 2007-119 Sale of PW Equipment and Vehicles 6. PW 2007- 125 In-Town Road Program Phase 2 — Discussion of Resident Concerns Economic Development Committee Report: 1 . EDC 2007-32 Ordinance Approving the Rezoning of Certain Property in Furtherance of an Annexation and Planned Unit Development Agreement (Westhaven Planned Unit Development) 2. COW 2007- 15 Resolution Approving Time Extension for Recording Request for Yorkville Crossing Unit 1 Public Safety Committee Report: 1 . PS 2007-16 Ordinance Amending City Code Regarding Patio Licenses Administration Committee Report: 1 . ADM 2007-58 Resolution for Watershed Based Planning to Restore and Protect the Aux Sable Creek Watershed 2. ADM 2007-26 Resolution Amending Employee Manual Regarding Comp Time Additional Business: City Council Meeting Agenda August 14, 2007 Page 5 Executive Session: 1 . For the purchase or lease of real property for the use of the public body. 2. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES - -------- ;PUBLIC WORKS' = ______ --- -------------------------------------------------------- - - - --------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff !ECONOMIC DEVELOPMENT; ' __ _ _______________________ ______------------------------------------------------------------------------------------------------- ia-i---------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development . - - -- PUBLIC SAFETY --_------ -i----------------------------------------------- Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher (-------------- --- ADMINISTRATION - -------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski WORKSHEET CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, August 14, 2007 PRESENTATIONS: 1 . None PUBLIC HEARINGS: 1 . None CITIZEN COMMENTS: CONSENT AGENDA: 1 . PC 2007-16 Resolution Approving Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal-Mart) 2. ADM 2007-57 Monthly Treasurer's Report for June 3 . ADM 2007-63 Ordinance Approving the Revision of the 2007-2008 Fiscal Library Budget for the United City of Yorkville 4, PW 2007-94 Water Department Report for May 2007 5. PW 2007-95 Water Department Report for June 2007 6. PW 2007-96 Grande Reserve Unit 2 — Letter of Credit Expiration 7. PW 2007-97 Grande Reserve Unit 12 — Letter of Credit Expiration 8. PW 2007-98 Grande Reserve Unit 14 — Letter of Credit Expiration 9. PW 2007-99 Grande Reserve Unit 15 — Letter of Credit Expiration 10. PW 2007-100 Grande Reserve Unit 20 — Letter of Credit Expiration 11 . PW 2007- 101 Grande Reserve Unit 23 — Letter of Credit Expiration (Landscaping) 12. PW 2007- 102 Grande Reserve Unit 23 — Letter of Credit Expiration (Sitework) 13 . PW 2007-103 King Street Raw and Finished Watermains — Change Order #2 14. PW 2007- 106 In-Town Road Program — Construction Materials Testing Agreement 15. PW 2007-109 Yorkville Business Center Units 2 & 3 — Final Acceptance & Bond Reduction 16. PW 2007- 110 IDOT Highway Permit and Resolution — Rt. 47 & Wheaton Ave. Intersection Improvement 17. PW 2007- 113 Raging Waves — Sitework LOC Reduction #1 18. PW 2007-117 Signage on State Highways — Excessive Engine Braking 19. PW 2007- 122 Whispering Meadows Unit 1 — Bond Reduction 20. PW 2007- 123 Whispering Meadows Unit 2 — Bond Reduction 21 . PW 2007-124 Whispering Meadows Unit 4 — Bond Reduction Minutes for Approval (Corrections and Additions): Minutes of City Council: July 24, 2007 Minutes of Committee of the Whole: July 24, 2007 Bill Payments for approval: $ 1 ,038,475.42 (vendors) $ 236,352. 16 (payroll period ending 7/21/07) $ 18,314. 10 (payroll period ending 7/31/07) $ 233,418.60 (payroll period ending 8/1/07) $ 1 ,526,560.28 (total) REPORTS: Mayor's Report: 1 . COW 2007-14 Resolution Endorsing Metropolitan Mayors Caucus' Greenest Region Compact COMMITTEE REPORTS: Public Works Committee: 1 . PW 2007-105 In-Town Road Program — Heustis Street Trees 2. PW 2007-107 In-Town Road Program — Sanitary Manhole Replacement — Change Order #2 3. PW 2007- 112 Kendall Marketplace — Earthwork LOC Reduction #1 4. PW 2007-116 EEI Engineering Agreements for Well and Water Tower Rehabilitaion a. Contract H. 1 for Well Rehabilitation b. Contract H.2 for Water Tower Rehabilitation and Painting 5, PW 2007-119 Sale of PW Equipment and Vehicles PW 2007- 125 hi-Town Road Program Phase 2 — Discussion of Resident Concerns Economic Development Committee: 1 . EDC 2007-32 Ordinance Approving the Rezoning of Certain Property in Furtherance of an Annexation and Planned Unit Development Agreement (Westhaven PUD) 2. COW 2007- 15 Resolution Approving Time Extension for Recording Request for Yorkville Crossing Unit 1 Public Safety Committee: 1 . PS 2007-16 Ordinance Amending City Code Regarding Patio Licenses Administration Committee: 1 . ADM 2007-58 Resolution for Watershed Based Planning to Restore and Protect the Aux Sable Creek Watershed 2. ADM 2007-26 Resolution Amending Employee Manual Regarding Comp Time Additional Business Agenda Item Number CA#1 Tracking Number PC 2007-16 This page serves as a placeholder for the draft document Resolution Approvinz Final Plat of Subdivision for Yorkville Crossinz Unit I (Wal-Mart), which was included in the Aumust 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm \CEO cirr 2 + o T 1836 <lE6t'y� Agenda Item Number CA '*- Tracking Number ADM 2007-57 This page serves as a placeholder for the draft document Monthly Treasurer's Report for June, which was included in the Auzust 14, 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/ o�gs minutes.cfm 2 o O EST. 1 1036 O n ` y <�E \Vr Agenda Item Number CA#3 Tracking Number ADM 2007-63 This page serves as a placeholder for the draft document Ordinance Approving the Revision of the 2007-2008 Fiscal Library Budeet for the United City of Yorkville, which was included in the Aujzust 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.ii.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm `,CEO c�ro ESI.,I, ism 2 Agenda Item Number CA* j Tracking Number PW 2007-94 This page serves as a placeholder for the draft document Water Department Report for May 2007, which was included in the Aujzust 14, 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 0 o♦�� C/T` = ni o EST. 1�® 1836 O,P Low,yn =Oy <CE ��♦ Agenda Item Number CA t=5 Tracking Number PW 2007-95 This page serves as a placeholder for the draft document Water Department Report for June 2007, which was included in the Aumust 14, 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/gov mtgs minutes.cfm c,r, Q "" T EST 1676 <LE �bv� Agenda Item Number CAq& Tracking Number PW 2007-96 This page serves as a placeholder for the draft document Grande Reserve Unit 2 — Letter of Credit Expiration, which was included in the Aumust 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm C/T` EST. , �1836 <LE vy` Agenda Item Number CA r Tracking Number PW 2007-97 This page serves as a placeholder for the draft document Grande Reserve Unit 12 — Letter of Credit Expiration, which was included in the Auzust 14, 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 a cl)` J= T EST 1636 <LE ���� Agenda Item Number CA# ' Tracking Number PW 2007-98 This page serves as a placeholder for the draft document Grande Reserve Unit 14 — Letter of Credit Expiration, which was included in the August 14, 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, htW://www.yorkville.il.us/gov mtgs minutes.cfm `,QED C/TY EST.. , 1836 Agenda Item Number CA#: j Tracking Number PW 2007-99 This page serves as a placeholder for the draft document Grande Reserve Unit 15 — Letter of Credit Expiration, which was included in the Aujeust 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ ov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm 2`.41 coT R Q E4r � +� 836 1� t9 I�.wwlds\ 2 Agenda Item Number CA#/C: Tracking Number PW 2007-100 This page serves as a placeholder for the draft document Grande Reserve Unit 20 — Letter of Credit Expiration, which was included in the August 14, 2007 COWpacket. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `QED C/T` Z, T EST. 1636 l� <LE ��Y� Agenda Item Number CAM Tracking Number PW 2007-101 This page serves as a placeholder for the draft document Grande Reserve Unit 23 — Letter of Credit Expiration (Landscaping), which was included in the Aueust 14, 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 `,�gD ClTY 6 EST, 1636 9 = <lE by Agenda Item Number CA#1R Tracking Number PW 2007-102 This page serves as a placeholder for the draft document Grande Reserve Unit 23 — Letter of Credit Expiration (Sitework), which was included in the Auzust 14, 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/gov mtgs minutes.cfm f,D Cl �a o 1 EST., _ IBM 1 <LE % Agenda Item Number CA#1.3 Tracking Number PW 2007-103 This page serves as a placeholder for the draft document King Street Raw and Finished Watermains — Change Order #2, which was included in the Auuust 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ,�tio c�rr ESL L. _ lam S� <CE I Agenda Item Number CA#1� Tracking Number PW 2007-106 This page serves as a placeholder for the draft document In-Town Road Program — Construction Materials Testing Aereement, which was included in the August 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm o EW 836 <CE1\v 2 Agenda Item Number CA#15 Tracking Number PW 2007-109 This page serves as a placeholder for the draft document Yorkville Business Center Units 2 & 3 — Final Acceptance & Bond Reduction, which was included in the Aujzust 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/gov mtgs minutes.cfm J2 T EST ,636 <<E %Y`2 Agenda Item Number CA#1 Lv Tracking Number PW 2007-110 This page serves as a placeholder for the draft document IDOT Hwy. Permit & Resolution — Rt. 47 & Wheaton Ave. Intersection Improvement, which was included in the August 14, 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.cfin and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `,QED C/TM 02 T M 1836 Agenda Item Number CA#17 Tracking Number PW 2007-113 This page serves as a placeholder for the draft document Raging Waves — Sitewovk LOC Reduction #1, which was included in the August 14, 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/g_ov mtgs minutes.cfm \,ado CIP _ EST. , ,` 1B36 Agenda Item Number CA#'18 Tracking Number PW 2007-117 This page serves as a placeholder for the draft document Siename on State Hizhways — Excessive Enzine Braking, which was included in the Auzust 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/gov mtgs minutes.cfm J=\,�fD Clry� EST.,1Y' 1616 CE Agenda Item Number CA#7 r1 Tracking Number PW 2007-122 This page serves as a placeholder for the draft document Whisperinm Meadows Unit I — Bond Reduction, which was included in the Aumust 14, 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 ♦."f D cl;J EST. 7636 9 av �O LLE \♦� Agenda Item Number CA#20 Tracking Number PW 2007-123 This page serves as a placeholder for the draft document Whisperinm Meadows Unit 2 — Bond Reduction, which was included in the August 14, 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 `,\�D cirr o? EST. 1836 oI '11] \ O 9 � <LE \V� Agenda Item Number CA#21 Tracking Number PW 2007-124 This page serves as a placeholder for the draft document Whispering Meadows Unit 4 — Bond Reduction, which was included in the August 14, 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 cl). EST. � 7636 t <LE ��) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINPEr HELD IN THE CTTY COUNCIL CHAMBERS, 1DRAFT 800 GAME FARM ROAD ON TUESDAY, JULY 24. 2007. Mayor Burd called the meeting to order at 8:30 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward TV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Police Lieutenant Schwattzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and Human Resource Manager Kasper. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Munns asked that the monthly Treasurer's Report be placed on the Consent Agenda. Approved by a viva voce vote. Alderman Munns requested that the bill for Attorney Kramer be removed from the Bill List. Approved by a viva voce vote. Alderman Munns requested that Item #3 — Resolution Amending the Employee Manual regarding Verification of Employee Driver's License be approved with the changes recommended in the Committee of the Whole meeting. Approved by a viva voce vote. COMMTTTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, August 7, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, July 31, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, August 7, 2007 City Hall Council Chambers Public Safety Committee 7:00 P.M., Tuesday, August 21, 2007 City of Yorkville Conference Room (Time to be adjusted to 6:00 p.m. if amendment to Governing Ordinance approve) PRESENTATIONS _ Aux Sable Watershed Plan Stephanie Sbeetz with the Conservation Foundation made a presentation to the City Council regarding the Aux Sable Watershed Plan. The plan is a collaboration with the Aux Sable Creek The Minutes of the Regular Meeting of the Citv Council — July 24, 2007 — nage 2 Watershed Coalition to remediate and prevent degradation of the Aux Sable Creek watershed. Ms. Sheetz presented the following information: • The Conservation Foundation's and the Coalition's origins and purpose • Components of the Plan • Update and strengthen the plan — the IEPA requires watershed plans to address nine criteria in order to qualify for future funding; compile other existing plans into one "Green Infrastructure Plan" • Education & Outreach — contact landowners; conduct educational programs; facilitating model conservation designs; educate local government • Outcomes • Update plan and meet IEPA criteria • Watershed-wide open space plan • All land owners are contacted • Suggest ordinances • Have more conservation designs for new developments o Benefits • Father implementation of plan goals • Qualify for further IEPA funding • Increase property values • Compliment other local activities o Project Costs • Total project cost is $231,126.00 • Funding from various sources — IEPA, Grand Victoria Foundations; Kodak American Greenways, local government units, etc. Ms. Sheetz asked the City Council for support and funding for the project. Alderman Spears asked if the 11% funding from local government was collective and Ms. Sheetz indicated that it was and it was over a two year period. Alderman Spears asked if Director Miller worked with the Conservation Foundation on any projects and Director Miller stated he had and he explained that they have worked with the Protect Kendall Now Plan. Information from this plan was given to the City and inputted into the GIS system to help identify areas. Alderman Spears asked if any other local governments have committed to the funding and Ms. Sheetz stated that Kendall County, the Kendall County Forest Preserve District, Plainfield Park District and Morris have said they would commit but there has been nothing official yet. She indicated that the targeted range for funding was $2,500.00 to $3,500.00 for each of the two years. Alderman Besco stated that be attended an Illinois Municipal League (IML) seminar on infiltration and a tax on non-permeable surfaces and he asked Ms. Sheetz about this. She indicated that she was not that informed about this but that some areas have a water utilities tax and reduce the tax if water is conserved through the use of rain barrels and other methods. She stated that Kendall County could enact a county-wide ordinance for this. Alderman Sutcliff commented that the same things being done for the Aux Sable Creek should be considered for the Rob Roy Creek. There were no further questions or comments. PUBLIC HEARINGS Sexton Development Mayor Bard opened the public hearing for the Sexton Development, LLC, petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development, and Concept PUD plan. The real property consists of approximately 272. 186 acres, located on the north side of Illinois Route 34, east of Eldamain Road and west of Cannonball Trail, Yorkville, Illinois. Please see attached Report of Proceedings by Terri Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public bearing Mayor Bard entertained a motion to close the public bearing. So moved by Alderman Leslie; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. The Minutes of the Regular Meeting of the City Council — July 24. 2007 — page 3 CITIZEN COMMENTS Dan Nicholson, 32 Gawne Lane, expressed his concerns and disappointment with the curbs heights, street elevations and drainage on the streets under construction in the downtown area. He noted that the new curbs on Heustis Street are about 6" higher than the FS parking lot and that driveways do not slope to the new curbs. He wanted to know how the problem will be solved. He stated that according to the plans that were explained to him there will be a ditch created. He felt this was unacceptable and should be addressed before the road is paved. He suggested that if the current engineers are not smart enough to fix the problem they should be "thrown out" and new engineers hired. He offered to meet with the aldermen to show them his concerns. Todd Milliron, 61 Cotswold Drive, distributed copies of his comments with attachments to the City Council (see attached). He began his comments with "Your Honor, my ethical aldermen and eunuch Besco". Alderman Besco objected to Mr. Milliron's comment and asked Mayor Burd to have him removed from the meeting. Alderman Munns asked Mr. Milliron to refrain from personal comments. Mr. Milliron went on with his comments and began to ask Chief Martin questions. Mayor Bard asked him to please refrain from questioning the staff and just make a statement or comment. Alderman Leslie questioned if Mr. Milliron actually said "eunuch Bosco" and Mayor Burd asked him not to repeat what Mr. Milliron said. Alderman Leslie stated that Mr. Milliron's comment was uncalled for, and accordingly Alderman Besco asked that he be removed from the meeting. He suggested that if Mr. Milliron had a problem with Alderman Besco he should talk to him in private. Alderman Golinski noted that he tolerated Mr. Milliron's comments two weeks ago but since then has put thought into this. He stated that the City Council is doing the best they can and he did not appreciate an alderman being singled out. Alderman Leslie agreed and asked if there was a motion on the floor to have Mr. Milliron removed from the meeting. Alderman Golinski moved and Alderman Leslie seconded the motion. Alderman Munns asked Attorney Roth if having someone removed from the meeting was legal. Attorney Roth stated that the rules of decorum are adopted and published by the City Council and are law. If it is the City Council's finding that the rules of decorum have been violated then the City Council has the power to terminate the public formn portion of a meeting or take additional steps as necessary. He stated that they may take the measures as suggested. Motion approved by a roll call vote. Ayes-6 Nays-1 Present-1 Spears-aye, Spears-aye, Besco-aye, Leslie-aye, Golinski-aye, Werderich-nay, Munns-aye, Ploclrer-present CONSENT AGENDA 1 . Sale of 1991 Ford Thunderbird (Old DARE Car) — approval to sell car through sealed bid process (PS 2007-14) 2. Request to Purchase Vehicles — Planned in FY 07/08 Budget (PS 2007-15) a. 2008 Ford Explorer -approve purchase f om Landmark Ford in an amount not to exceed $21,310.48, as presented b. Ford Crown Victoria — approve purchase from Landmark Ford in an amount not to exceed $20, 772.48, subject to receipt of additional capital revenue, as presented c. Dodge Charger — approve purchase in an amount not to exceed $19, 747. 00, subject to receipt of additional capital revenue, as presented 3. Ordinance 2007-52 - Amending City Code Regarding Solicitors, Hawkers & Itinerant Merchants - authorize the Mayor and City Clerk to execute (PS 2007-20) 4. Monthly Treasurer's Report for May 2007 (ADM 2007-48) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL No report MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of July 10, 2007; seconded by Alderman Besco. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council — July 24 2007 — page 4 A motion was made by Alderman Munns to approve the minutes of the Committee of the Whole meetings of June 19, 2007 and July 10, 2007; seconded by Alderman Besco. Alderman Spears noted the following corrections to the June 19, 2007 Committee of the Whole meeting minutes: • Page I — Bill & Barb Dethner from the Building Department should be referenced in the attendance section of the minutes • Page 3 — Army Fore of Engineers should be corrected to Army Corps of Engineers • Page 5 — second paragraph — should be corrected to say lager lots • Page 8 - #1 should be corrected to say 6:00 AMand in the first full paragraph Country Parkway should be corrected to Countryside Parkway • Page 9 — second paragraph — City Engineer Joe Wywrot should be corrected to Building Inspector Bill Dettmer • Page 10 — first paragraph — second line from last should be corrected from consent to present. Second paragraph — fifth line should be corrected from handle to panel and the ninth line should state no-stepfloor. • Page 11 — second line from top should be corrected to Mr. Detnner • Page 13 — sixth paragraph — line five should state "...Falls mould make a study.... " • Tony Graph should be corrected to Tony Graff on pages 13 and 14. • Page IS — under the Detailed Board Report it should be reflected that this was moved to the City Council agenda. • Page 16 — first paragraph — Beacher Road should be Beecher Road and Route 43 should be Route 34. Third paragraph — Route 21 should be Route 71. • Page 20 — fifth paragraph — concessions should be consensus. Alderman Spears asked that the motion be changed to reflect approved as corrected. Alderman Besco withdrew his second; Alderman Munns withdrew the motion to approve the minutes. A motion was made by Alderman Munns to approve the minutes of the Committee of the Whole meetings of June 19, 2007 acrd July 10, 2007 as amended; seconded by Alderman Golinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the amended Detailed Board Report dated July 16, 2007 totaling the following amounts: checks in the amount of $732,972. 12 (vendors); $240,363.01 (payroll period ending 7/7107); for a total of $973,335.13; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye REPORTS MAYOR'S REPORT In-Town Road Program (Phase 2 Streets) - Change Orders Nos. 1 & 2 (EDC 2007-28) Mayor Burd requested a motion to approve Change Order #2 for the 2007 In-Town Road Program in the amount of $27,610.00. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye CITY COUNCIL REPORT Ordinance 2007-53 Amended and Restated Governing Ordinance (COW 2007-12) Mayor Brad 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 Leslie; seconded by Aldennan Spears. The Minutes of the Regular h'deetin2 of the City Council — July 24, 2007 — page 5 Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Golinski-aye, Werderich-aye, Mums-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Interim City Administrator Olson reported on the following: o He distributed his City Administrator information memo dated July 24, 2007 o The assessment center for the City Administrator recruitment was conducted the past Saturday o The vision planning process is almost complete and the consultant will be presenting the information to the City Council in the near future o The IML conference is coming up in October and members of the Council need to contact the administration staff to make reservations o There was a meeting with the grant coordinator and the topic of using green standards on new municipal buildings FINANCE DHIECTOWS REPORT Director Mika reported that the audit is underway and going well. DIRECTOR OF PUBLIC WORKS REPORT In-Town Road Program Director Dhuse reported that he has spoken to Mr. Nicholson and will be meeting with him about his concerns with the curbs. He explained that the driveways on the streets are at various elevations so the road was designed to accommodate them. Clerk Milschewski commented that the new curb in front of her home was wonderful. CHIEF OF POLICE'S REPORT Chief Martin reported that the Police Department would be ready to hire two cadets in August and a Neighborhood Block Captain meeting is scheduled to be held at the Beecher Center. DIRECTOR OF PARKS & RECREATION'S REPORT Cannonball Ridge Park Director Magic reported that the ribbon for Cannonball Ridge Park was held and was a very successful event. He stated that he received many positive comments. Hiding Spot Park Director Mogle gave an update on the Hiding Spot Park community build event. He stated that the old equipment has been removed to prepare the location for the new equipment. A sign has been posted explaining the project and showing the new plan. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Plan Commission Director Miller reported that the Plan Commission Summit Meeting was a success and a second meeting has been planned for September to discuss transportation and traffic issues. He also reported that at the August S. 2007 Plan Commission there will be a discussion about an advisory committee for updating the Comprehensive Plan. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: o The Chamber of Commerce will not be holding their annual Christmas event so the City was planning a new holiday event. o There will be a Theatre in the Park event on Saturday, July 28, 2007 at 5:00 and 7:00 p.m. at the Riverfront Park. It will be a free event put on by the Fox Valley Players. o City newsletters are due September 15, 2007. Anyone wishing to submit information should do so by August 20, 2007 COMMUNITY & LIAISON REPORT No report The Minutes of the Regular Meeting of the Citv Council — July 24, 2007 — oa2e 6 COMMITTEE REPORTS PUBLIC WORKS COM112rfTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMTTTEE REPORT Ordinance 2007-54 Prohibiting Left Turns at Route 47 and Hydraulic and Route 47 and River Road (PS 2007-10) A motion was made by Alderman Spears to approve an ordinance amending Sections 6-3-6 of Chapter 3 (Traffic Schedules) of Title 6 (Motor Vehicles and Traffic) of the United City of Yorkville City Code; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2007-55 Amending Sections 3-3-4 and 3-3-16 of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code (ADM 2007-54) A motion was made by Alderman Mums to approve an ordinance amending Sections 3-34 and 3-3-16 of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye Resolution 2007-42 Amending United City of Yorkville Employee Manual Regarding Verification of Employee Driver's Licenses (ADM 2007.27) A motion was made by Alderman Mums to approve a resolution amending United City of Yorkville Employee Manual regarding verification of employee driver's licenses; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye ADDITIONAL BUSINESS Committing funds to the In-Town Road Program Alderman Spears expressed her concern with a recent Beacon News headline regarding the dedication of a portion of retail tax to be used oa the repair of City's streets. She stated that this was the first she heard of this and she asked Mayor Bard if the Council voted for this or was this just another Heather Geller error. Mayor Burd stated that Alderman Spears should have heard of this because it was on her website when she ran for office. She identified this funding as away to improve the streets. Alderman Spears stated that she did not access the Mayor's website and that she thought the Mayor's whole campaign was based on open government and excellent communication with the City Council. She stated that she supported the streets being repaired however she was tired of being informed of things through the newspapers. She asked for a show of hands from the other members of the Council as to who else was aware of this proposal. A few Council members acknowledged knowing about the proposal and Alderman Spears stated that this was like history; only one or two aldermen have been informed. She did not feel only one or two should be privy to information. She stated that for the past nine years she has worked closely with Mayor Burd however "this is down the tubes at this time." She strongly recommended that this is corrected mid addressed. Mayor Burd took exception to Alderman Spears' comments and stated that Alderman Spears clearly knew this was a priority in the election because they had discussed it. She noted that the School Superintendent Dr. Engler has come to the City to talk about the streets being a problem. The Minutes of the Regular Meeting of the Citv Council — July 24, 2007 — page 7 She explained that she, Director Dhuse, Assistant City Administrator Olson and Dr. Engler walked the streets to examine the problem. Mayor Burd stated that for Alderman Spears to say she was unaware of the problem and that Mayor Hurd brought forth a solution to address the problem is out of line. She stated that it was unfortunate that it was presented as something that was already approved because she was planning to bring it to the Council. Alderman Spears stated that in her campaign she said a senior community center was needed. She asked Tony Scott from the Record Newspaper write an article that 25% of sales tax will be dedicated to a senior center. Mayor Burd stated that would fine if Alderman Spears discussed this with seniors and a reporter covers the story. Alderman Leslie commented that he felt that Alderman Spears took exception with the fact that in the past the major complaint was that there was not a unified approach to an issue. He stated that the Council was subjected to political grandstanding, misinformation or closed government and that Mayor Burd's platform was her opposition to this type of government. He felt that in going forward it is important that media should be addressed in a unified manner. Alderman Spears stated that she did not want to see what has happened in the past continue because those present have a promising future as a Council. She believed all the aldermen should be kept informed, either by telephone or email. She stated that she would like to know information regarding our City before it is published in any newspaper. Alderman Golinski stated he agreed with Alderman Spears that there is a lack of communication because this is not the first time that he has read about something in the newspaper that he knew nothing about. He stated that maybe certain aldermen are privy to information but he knew for sure certain Kendall County residents are privy to information because he has read stuff on their websites before he heard about it at the City. He agreed this Council is a good group and he would like to see them move forward with good, open communication. Mayor Burd stated that she was sorry that some of the Council took her proposal the way they did because it was not a hidden agenda of hers. She stated this information has been in the newspaper before, on her website, included on her published campaign information and discussed in open session. She did not give an interview with the press but attended a School Board meeting to discuss the city streets where she was asked by the School Board want she wanted to do about the situation. This story came from this meeting. She did not see anything inappropriate in what she did. She stated that she was sorry that the Council missed this information previously as she bas mentioned over and over again that she hoped to identify this 25% to help repair the streets. She felt this was a more general situation than a senior center which she also supported. The City Council will have to determine if they want to commit to this or not. She stated that she has asked Mr. Olson to bring this to the Economic Development Committee. Alderman Besco commented that he has been on the Public Works Committee for six years and has never seen Dr. Engler come to a meeting to request the streets be addressed. He stated that it would be something to get better communication from the School District when updating the In- Town Road Program street list. He gave former Alderman Kot credit for developing the In-Town Road Program which the city is now seeing the fruits of his labor. He stated that he was contacted by a few of the other alderman asking if he heard something regarding the Mayor's proposal. He told them he had not and was directed to a website where the whole Montgomery boundary agreement was explained and he didn't even know Yorkville was talking about a Montgomery agreement. He stated that more openness and co-operation was needed on the Council. He noted that the alderman were not serving the city for personal gain but were donating their time toward a beautiful community. Mayor Burd stated that she did mention the city was entering into discussions on the boundary agreement and she suggested in an executive session that the lawsuit be dropped. Interim City Administrator Olson explained that the purpose of meeting with the School Board was not to introduce any plan of funding but was rather to discuss the conditions of streets. He also noted that the article was misleading. Alderman Besco stated that the School District should have come to a Public Works Committee to discuss this. If there is co-operation between the city and school district it should not be a big issue to have this placed on a Public Works Committee agenda so that it can be discussed and funding investigated. Alderman Spears noted that the additional business section of the agenda is covered under the governing ordinance and she suggested that the ordnance be followed. Alderman Plocber stated that this was his idea which he discussed with the Mayor and staff. It was still under investigation before being presented to the Council. He apologized that The Minutes of the Regular Meeting of the City Council — July 24, 2007 — page 8 the proposal came out this way. He stated that he was meeting with Director Miller on July 26, 2007 at 4:00 to go over updates. He invited the Council to join them. Alderman Spears warned him about the open meeting act. Alderman Moons stated that he does not read the Beacon News however he does not like hearing from residents about this type of article. He stated that the Council should not continue down the road where some people know about things and others do not. He stated that Alderman Golinski directed him to the website he spoke about and he was shocked to see a county resident's website with more information than he ever had as an alderman. He questioned the source of this individual's information and expressed his concern with this. Treasurer Powell commented that he supported the road program but cautioned the City Council to be cautious when committing a set percentage to any program. He suggested that the budgeted needs be met first. Fox Bill Medians Alderman Moons asked Director Miller if landscaping of the medians in Fox Hill has been researched. Director Miller stated that he was unaware of this but would look into. Subdivision Landscaping Alderman Leslie noted that developers are going with a wild flower coverage. He stated that the landscaping by his subdivision looks like weeds. He asked that developers be kept to a standard with this type of landscaping. Director Miller explained that the ordinance covering this has requirements for the seed mixture used however there is limited control as to which plants will thrive at a given location. Park Maintenance Fees Alderman Bosco asked if the future maintenance fees for parks could be put on a Public Works Committee agenda. Director Mogle stated that a work schedule for the staff needs to be _ established so the staff s time and duties can be recorded better. This will take time to develop. Alderman Bosco asked that this project be kept moving forward. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the propose of discussing the purchase or lease of real property for the use of the public body. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-1 Spears-nay, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye The City Council entered into executive session after a ten minute break at 10:50 p.m. The City Council returned to regular session at 11 :30 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Bosco. Motion approved by a viva voce vote. Meeting adjourned at 11 :30 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Page 1 of 5 UNITED CITY OF YORKVILLE 1�1�FT COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER July 24, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Gary Golinski Alderman Wally Werderich Alderman Jason Leslie City Treasurer Bill Powell Alderman Marty Mums City Clerk Jackie Milschewski Alderman Arden Plocher CITY STAFF PRESENT: Interim City Administrator Olson Police Lieutenant Schwartzkopf City Attorney Roth Community Development Director Miller Finance Director Susan Mika Human Resource Manager Kasper Public Works Director Eric Dhuse Director of Parks & Recreation Mogul Police Chief Martin Public Relations Officer Spies GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following payments: o Page 5 — C.B.M.T. INC. — Streets — 36 Hanging Baskets in the amount of $1800.00. Director Dhuse explained that this expenditure was for the flower baskets hanging downtown and that the Garden Club collected the money. o Page 21 — Metro West Cog — Admin-Metro West Renewal Dues in the amount of $3,921 .00. Assistant City Administrator Olson explained that this expenditure was for membership dues (based on population) for a mayor's caucus group. o Pages 32 — 33 — Wyeth, Heitz & Bromberek — Legal Services — Marketplace in the amount of 1 ,537.50. Alderman Spears questioned why former City Attorney Wyeth was still involved in the Marketplace development. She questioned if the new City Attorney could take over. Director Mika stated that Attorney Wyeth was still involved, at the developer's request, when it pertained to the bonds. She explained that she has needed to contact Attorney Wyeth on a few occasions and needed direction from the City Council as to what they preferred she do. Interim City Administrator Olson explained that currently it is easier to contact Attorney Wyeth in these matters. Alderman Spears asked if the documents that Attorney Wyeth works on stay in City Hall and Administrator Olson stated they did. o Page 33 — Yorkville Ace & Radio Shack — Eng-Watch Battery in the amount of $5.99. Director Dhuse explained that a stop watch is used when testing watermains and it needed a new battery. Alderman Besco questioned a payment on page 7 — Law Offices of Daniel Kramer - Admin- Plocher and Milschewski in the amount of $3,835.70. He stated that he remembered Mayor Burd saying that she hired Attorney Kramer to represent Alderman Plocher and he thought she did this privately. Mayor Burd explained that Page 2 of 5 she hired Attorney Kramer as a city official after Attorney Wyeth stated he was taking a neutral position in the lawsuit. Attorney Kramer defended the city's position in order to have a smooth transition and swearing-in ceremony. Alderman Besco noted that when Attorney Kramer was hired, neither Mayor Burd nor Alderman Plocher had been officially sworn in. He stated that he found it difficult to ask taxpayers to pay a bill for someone who hadn't taken office yet. Attorney Roth explained that he discussed the bill and unusual circumstances with the mayor. He stated that it is his opinion that under the circumstances which caused the expenditure to not come before the City Council the expenses were incurred in defense of the city and an official. There was further discussion regarding the bill received from Kramer and it was suggested that in the future the City Attorney review all outside legal bills to verify that the charges are reasonable Alderman Besco asked that the bill be removed from the list as he would like to see the itemized bill before voting on it. Director Mika presented a copy of the bill to the City Council and Alderman Besco noted that it was made out to Alderman Plocher. Alderman Leslie noted he did not have a problem with the bill but stated he would like a policy to be drafted in order to address similar circumstances in the future. He noted that tin the past there was an instance when a former director incurred legal fees and Mayor Burd voted against paying them. There was some discussion about paying reasonable legal fees. Alderman Spears suggested that this item be removed from the bill list and that a breakdown of the charges and dates incurred be requested from Attorney Kramer. She also asked if the City Council could review the Executive Session minutes and tape before the bill is approved. It was the consensus of the Council to remove the bill from the list until further information could be reviewed and to schedule an Executive Session at the next City Council meeting for review of the tape regarding this. Alderman Werderich questioned an item on page 3 — Automotive Specialties, Inc. — Police — Repair Car Wash Damage in the amount of $1 ,260.47. Chief Martin explained that a squad car was damaged by the Shell gas station car wash. The Police Department is dealing with the owners to resolve the matter. The amended Bill List was placed on the July 24, 2007 City Council meeting agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA L PS 2007-14 Sale of 1991 Ford Thunderbird (Old DARE Car) 2. PS 200 7-1 S Request to Purchase Vehicles — Planned in FY 07/08 Budget 3, PS 2007-20 Proposed Amendment to Solicitors, Hawkers & Itinerant Merchant Ordinance Alderman Spears reported that these items were approved unanimously by the Public Safety Committee to move on to the City Council Consent Agenda. There were no questions or comments. These items were placed on the July 24, 2007 City Council Consent Agenda for approval. MAYOR 1. EDC 2007-28 In-Town Road Program (Phase 2 Streets) - Change Orders Nos. I & 2 Director Dhuse reported that there are two different change orders from City Engineer Wywrot Page 3 of 5 for the sidewalk on Heustis Street between Van Emmon and Fox. The first is for approximately 1100 square feet of stamped concrete sidewalk in the amount of $94,050.00. The second is for the same amount of conventional sidewalk in the amount of $27,610.00. He noted that funds are available for the second options which what Mr. Wywrot is recommending for approval. Administrator Olson explained that there was a meeting at Mayor Burd's request regarding the streetscape of the downtown area. He stated that Mayor Burd would like to see the stamped concrete sidewalks installed however there are concerns such as periodic maintenance, rough texture and slipperiness. Mayor Burd stated that she has received calls from residents who stated they didn't want "cute" they wanted something functional for the best price. Also, there is a problem with installing this type of sidewalk on other streets in the city. Alderman Spears noted that if Option #1 is approved there would be residents on Palmer Court who would not be happy as their road isn't getting fixed. She stated she was against this option. Alderman Plocher stated that he spoke with residents who were happy that things were being done on the street. He suggested that accents of the stamped concrete be used along with the conventional sidewalk. Alderman Golinski commented that there were better places in the city to spend the money needed for Option 1 and Alderman Werderich commented that residents in his Ward were against the stamped sidewalk. Alderman Besco noted that he was appalled at the current conditions of the sidewalks on the street and he recommended Option #2 as Option #1 is too extravagant. It was the consensus of the Council to move Option #2 to the July 24, 2007 City Council meeting regular agenda for approval. ECONOMIC DEVELOPMENT COMMITTEE No report. PARK BOARD No report. PUBLIC WORKS COMMITTEE No report. PUBLIC SAFETY COMMITTEE 1. PS 2007-10 Request for No Left Turns at Route 47 & Hydraulic and Route 47 & River Alderman Spears reported that this was discussed and unanimously approved by the Public Safety Committee. Alderman Besco commented he agreed with the request and he questioned how this would be handled since there is no median at these intersections. Director Dhuse explained that the streets would be marked with striping and he commented that IDOT also approves this change. This item was placed on the July 24, 2007 City Council regular agenda for approval. Page 4 of 5 ADMINISTRATION COMMITTEE I. ADM 2007-48 Monthly Treasurer's Report for May 2007 Treasurer Powell presented the monthly Treasurer's Report for May 2007. The beginning balance was $ 17,228.285.00, May revenues were $3,641 .530.00, May expenditures were $4,759, 173.00 for an ending balance of $16,110,642.00. There were no comments or questions. This item was placed on the July 24, 2007 City Council consent agenda for approval. 2. ADM 2007-54 Proposed Liquor License Ordinance Amendment — Temporary License Permit Alderman Munns reported that this amendment of the liquor ordinance allows the city to have its own beer tent at the Hometown Days Festival. Administrator Olson further explained that the City will have to go to the state for the license. Alderman Leslie expressed his concern that resident's may take offense to the city selling liquor. Attorney Roth explained that it is not uncommon for municipalities to sell or distribute alcohol at activities such as this. Alderman Spears noted that none of the regular venders are interested in selling at the event. This item was placed on the July 24, 2007 City Council regular agenda for approval. 3. ADM 2007-27 Verification of Employee Driver's Licenses Alderman Munns reported that this resolution institutes an annual audit of employee's driver license status and requires that an employee who has their license revoked must report it to their department head within 24 hours. Alderman Besco asked if the resolution had been reviewed by the City's labor attorney and Attorney Roth stated he had reviewed it but the labor attorney had not. Alderman Spears questioned the language regarding an employee being relieved of duties without pay. She asked if this meant the employee would be fired. Attorney Roth stated that the language is open- ended, how they are relieved of their duties depends on management's decision. The intent of this language is to give the city the right to take action. Alderman Spears asked who decides to relieve the employee and Attorney Roth indicated that the City Administrator makes this decision; it is not an issue for the City Council. Alderman Spears requested that language be added to the resolution to specify that the City Administrator is the decision maker. Alderman Spears also noted redundant language regarding monthly reports from the department heads and Attorney Roth indicated it would be deleted. There was some discussion regarding the monthly reports. This item, with the recommended changes, was placed on the July 24, 2007 City Council regular agenda for approval. CITY COUNCIL REQUESTS COW 2007-12 Governing Ordinance Amendment — Committee Meeting Times Page 5 of 5 Mayor Burd explained that the Public Safety Committee requested a change of time for their meeting; from 7:00 p.m. to 6:00 p.m. The Governing Ordinance specifies times for the meetings so it needs to be amended to remove specific times. Alderman Spears asked that the City's website be corrected to reflect the new meeting time. This item was placed on the July 24, 2007 City Council regular agenda for approval. ADDITIONAL BUSINESS Solicitors Alderman Leslie noted that there have been three robberies in his area recently and he has spotted solicitors going door to door. He asked what the policy was on solicitors. Chief Martin explained that solicitors have to obtain a license from the Police Department to sell in Yorkville and there are specific hours of operation. Alderman Leslie asked if the information could be placed on the website and asked if the City would consider issuing badges to the solicitors. Chief Martin explained that currently the company the solicitor represents obtains the license so it would be difficult to issue badges. He also felt that the current policy was working well and he would not like to vary from it. Ice Cream Venders Alderman Leslie questioned the procedures for mobile ice cream venders. Chief Martin explained that ice cream venders are licensed through the Police Department and the Kendall County Health Department and he explained the procedure for licensing. Alderman Leslie suggested that the venders display their permits on the vehicles so residents know they have been approved to sell in Yorkville. Alderman Spears noted that the venders have been previously discussed and suggested that this be placed on the next Public Safety Committee agenda for further discussion. Increase in Railnet Activity Alderman Golinski asked if there has been an increase in Railnet activity and Chief Martin stated that there has been. There was a brief discussion regarding trains blocking intersection and jurisdiction. Recycling Alderman Sutcliff stated that residents have spoken to her about having recycling centers in parks around town. Mrs. Spies stated that she spoke with Veolia who provides containers for the parks and Hometown Days. They were concerned with people putting regular garbage in recycling units and suggested that it be done a trial basis first. Director Mogle stated that there have been problems in the past with this type of operation because people do put regular garbage in with the recyclables. Off Street Parking Alderman Leslie asked that the off street parking ordinance be revisited. He noted burglaries in his area and felt that if cars were not allowed to park on the streets overnight it would help the police officers on patrol. Mayor Burd noted that if the issue is only in Alderman Leslie area, a parking ban could be enacted just in that area. There was some discussion regarding this subject and Alderman Spears suggested that the aldermen submit the names of streets in their ward that are minor or major collectors and the Public Safety Committee will look into this. hiterim City Administrator Olson noted that the GIS system can identify the streets. There was also some discussion regarding the parking ban survey. It was recommended that this item be placed on a Public Safety Committee agenda. There was no further additional business. The meeting was adjourned at 8: 15 P.M. Minutes submitted by Jackie Milschewski, City Clerk Agenda Item Number Bill payments for approval Tracking Number This page serves as a placeholder for the draft document Bill List , which was included in the Aumust 14, 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 mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm `,�Co CIP EST. , ' 1636 1 <AE �Vv Agenda Item Number Mayor#1 Tracking Number COW 2007-14 This page serves as a placeholder for the draft document Resolution Endorsing Metropolitan Mayors Caucus' Greenest Region Compact, which was included in the August 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `CEO c1rr 02 T �9 !_au o LE Agenda Item Number PW#1 Tracking Number PW 2007-105 This page serves as a placeholder for the draft document In-Town Road Promram — Heustis Street Trees, which was included in the August 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm c,,., EST. , 1836 <LE \�\ Agenda Item Number PW#2 Tracking Number PW 2007-107 This page serves as a placeholder for the draft document In-Town Road Program — Sanitary Manhole Replacement — Change Order #2, which was included in the Aumust 14, 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, hltp://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ♦CEO CI a= p T IBM Agenda Item Number PW#3 Tracking Number PW 2007-112 This page serves as a placeholder for the draft document Kendall Marketplace — Earthwork LOC Reduction W, which was included in the Aueust 14, 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/ o� v mtgs minutes.cfm `,CEO cirr E3{L 1836 Agenda Item Number PW#4 Tracking Number PW 2007-116 This page serves as a placeholder for the draft document EEI Enzineering Azreements for Well and Water Tower Rehabilitation, which was included in the August 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm `\gD CITD o ESL ' 1886 Cam- Lfm � N y r =O Agenda Item Number PW#5 Traeling Number PW 2007-119 This page serves as a placeholder for the draft document Sale of PW Equipment and Vehicles, which was included in the August 14, 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 `A to) C4 E8T`'� vm��838 C� Q �i h <LE `V� Agenda Item Number PW#6 Tracking Number PW 2007-125 This page serves as a placeholder for the draft document In-Town Road Program Phase 2 — Discussion of Resident Concerns, which was included in the Auzust 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://wwwyorkville.il.us/gov mtg_s agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/gov mtgs minutes.cfm �c"D Cl r o <LE Y`2 Agenda Item Number EDC#1 Tracking Number EDC 2007-32 This page serves as a placeholder for the draft document Ordinance Approvink the Rezoning of Westhaven Planned Unit Development, which was included in the Auzust 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `CEO oIrr r o <LE I Agenda Item Number EDC#2 Tracking Number COW 2007-155 This page serves as a placeholder for the draft document Resolution Approving Time Extension for Recording Request for Yorkville Crossing Unit 1, which was included in the August 14, 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 `,CEO crr r o ESE '�_ 18'J6 <CE Eby `CEO C/T` Reviewed By: Agenda Item Number J� 4 r , T Legal ❑ * leas EST. Finance 1-1 Engineer ❑ Tracking Number o J d W City Administrator 1-1 f1 " O' Consultant El F-1 2007-16 <CE � Agenda Item Summary Memo Title: Ordinance Amending City Code Regarding Patio License Meeting and Date: City Council 8/14/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mike Roth Legal Name Department Agenda Item Notes : UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-5F AND 3-3-16 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORK.VILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of 12007 UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-5F OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILLS 511 -1 , et seq., sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section L Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-4-5F of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-4-5 : OUTDOOR LIQUOR LICENSE: F : Restrictions: It shall be the affirmative duty of the license holder as a condition of the license to maintain and perform the following requirements: 1 . Presentation and continued maintenance of a certificate of insurance with the City for coverage of the outdoor service area, including all applicable dramshop insurance. 2. Outdoor serviee and eensumptien „ca4eehol shall be in an4denti-fied-eerdon 4-ef-f area, as appreved by the City Liquor Caiitrel Commissioner. The aFea must-4e-e� 2 er-leased-by�aSe helder. This ^ '-e e&vereA L I. w, stated above: Outdoor service and consumption of alcohol shall be in an identified outdoor area: a. for consumption on the premises or in the outdoor area; b. owned or' leased by the license holder; c. adjacent to the premises licensed; d, in compliance with all setback requirements in the applicable zoning district, and such as shall not obstruct pedestrian or vehicular traffic; e. covered by the insurance as stated above; and d which shall be cordoned-off; by fence or building. Where the outdoor service area is cordoned off by fence, the fence shall be not less than forty-eight inches (48") in height from grade and shall be of such construction quality, security and aesthetic detail as is approved by the City Liquor Control Commissioner and as is consistent with the existing zoning and building ordinances of this Code 3 An outdoor permit application is required which shall include a detailed site plan showing all existing buildings, structures and objects on the outdoor licensed property, and the proposed location of each item to be placed within the outdoor service area including but not limited to any required fences, chairs, tables, ligbting and serving stations which shall be provided to and subject to approval by the City Liquor Control Commissioner'. The outdoor service area shall be maintained in compliance with the approved site plan. Section 3. Effective Bate. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severabilitv. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent .jurisdiction, all valid parts that ate severable from the invalid parts shall remain in full force and effect. 3 ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS .JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERIC C/53756 1 4 UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-3-4-5F AND 3-3-16 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of 12007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-51T OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 - 1 , et seq , sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-4-517 of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-4-5 : OUTDOOR LIQUOR LICENSE: F: Restrictions: It shall be the affirmative duty of the license holder as a condition of the license to maintain and perform the following requirements: L Presentation and continued maintenance of' a certificate of insurance with the City for coverage of the outdoor service area, including all applicable dramshop insurance. 2, Outdoor service and consumption of alcohol shall be in an identified cordoned- off or fenced area, which fence shall be not less than forty-eight inches (48") in 2 height from grade and shall be of such construction quality, security and aesthetic detail as approved by the City Liquor Control Commissioner. The area must be owned or leased by the license holder. This area must be covered by the insurance as stated above . Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/R.esolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE. ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007 , MAYOR 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , AD. 2007 ATTEST: CITY CLERK C/53756. 2 4 Agenda Item Number ADM#1 Tracking Number ADM 2007-58 This page serves as a placeholder for the draft document Resolution for Watershed Based Planniniz to Restore and Protect the Aux Sable Creek Watershed, which was included in the August 14, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ♦,CEO cro a2 T ESI., _ 1836 ice• 20 Agenda Item Number ADM #2 Tracking Number ADM 2007-26 This page serves as a placeholder for the following agenda item: ADM #2 — Resolution Amending Employee Manual Regarding Comp Time This document was not available at the time when packets were produced. The information will be distributed to City Council and posted online as soon as we receive it. Please contact the Clerk's office at 630-553-4350 during normal business hours if you have any questions. J� 0 EST. `, 1836 o