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City Council Packet 2007 08-28-07 =,gyp t °T® United City of Yorkville a " 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 t L � �� � Telephone: 630-553 -4350 9 „ `2o Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, August 28, 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 Meetin¢: 7:00 p.m., September 4, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., September 18, 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., September 18, 2007 City Hall Conference Room City Council Meeting Agenda August 28, 2007 Page 2 Presentations: --------------------------------------------------------------------------------------------------------------- ----------- Public Hearings: 1 . Jake Land Group LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from A-1 County and B-3 Service Business District to United City of Yorkville Planned Unit Development for uses permitted in in the B-3 Service Business District and R-4 General Residence District. The real property consists of approximately 52.44 acres, located at 8614 Route 71 , Yorkville, Illinois. Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — None Minutes of City Council from Depo Court — July 24, 2007 Minutes of Committee of the Whole — August 14, 2007 Minutes of United City of Yorkville Ward 2 Meeting — August 6, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 579,054.74 (vendors) $ 239, 166.95 (payroll period ending 8/18/07) $ 818,221 .69 (total) Reports: Mayor' s Report: 1 . COW 2007- 13 State of the City Report 2. COW 2007- 16 Requests for Sponsorship a. Nation's Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South, and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Education Center g. Trinity Church United Methodist h. Chamber of Commerce River Night 3 . COW 2007- 17 Request for Mechanical Amusement Device License — Sawmill Pizza City Council Meeting Agenda August 28, 2007 Page 3 Reports (con't): City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director' s Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . No Report. Economic Development Committee Report: 1 . EDC 2007-24 Kalant Development a. Ordinance Authorizing the Execution of a Development Agreement b. Ordinance Rezoning 2. EDC 2007-30 Tuscan Plaza First Amendment to the Redevelopment Agreement a. Ordinance Approving the First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area (Tuscan Plaza) Public Safety Committee Report: 1 . PS 2007-16 Ordinance Amending City Code Regarding Patio Licenses Administration Committee Report: 1 . ADM 2007-26 Resolution Amending Employee Manual Regarding Comp Time Additional Business: Adjournment: City Council Meeting Agenda August 28, 2007 Page 4 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 *CO- DEVELOPMENT] _______________° _____---------------------- -- -- ---------------------------------------------- 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_SAFET j __ _______ __________---------------------------------------------------------------------- __ ------------------------------ 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, - co 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 28, 2007 PRESENTATIONS : 1 . None PUBLIC HEARINGS: 1 . Jake Land Group, LLC CITIZEN COMMENTS: Minutes for Approval (Corrections and Additions): Minutes of City Council: None Minutes of City Council from Depo Court: July 24, 2007 Minutes of Committee of the Whole: August 14, 2007 Minutes of United City of Yorkville Ward 2 Meeting: August 6, 2007 Bill Payments for approval: $ 579,054.74 (vendors) $ 239, 166.95 (payroll period ending 8/18/07) $ 818,221 .69 (total) REPORTS: Mayor's Report: 1 . COW 2007-13 State of the City Report 2. COW 2007- 16 Requests for Sponsorship a. Nation's Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South, and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Education Center g. Trinity Church United Methodist h. Chamber of Commerce River night 3 . COW 2007- 17 Request for Mechanical Amusement Device License — Sawmill Pizza COMMITTEE REPORTS : Public Works Committee: 1 . No Report Economic Development Committee: 1 . EDC 2007-24 Kalant Development a. Ordinance Authorizing the Execution of a Development Agreement b. Ordinance Rezoning 2. EDC 2007-30 Tuscan Plaza First Amendment to the Redevelopment Agree. a. Ordinance Approving the First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area (Tuscan Plaza) Public Safety Committee: 1 . PS 2007-16 Ordinance Amending City Code Regarding Patio Licenses Administration Committee: 1 . ADM 2007-26 Resolution Amending Employee Manual Regarding Comp Time Additional Business 7,7, LOCATION MAP t /1 PFNMV1ANRD - Yorkville, Illinois LOT 2 46,5WSF a/ LOT 3 4J6.4, r Piooilsf 170STAL S PROVIDED I :-, SITE LOT 4 1 90 Ac 36 STALLS PROVIDED ."V. 19.500 S F 30 A, LOT 5 11 STALLS PROVIDED I50Ai, 63 STALLS PROVIDED MC KENNA a or�7-j M LOT I 12,[ SF A-1 LOT 6 1.84 Ac L74 Ac X 60 STALLS PROVIDED LOT 7 65 STALLS PROVIDED 15,500SF 61 A� L&D BOWMAN IS STALLS PROVIDED TRUST lk, --;;v- i AA l LOT 9 o I 7,800 SF. 1 a9 A. LOT 9 48 STALLS PROVIDED PINNIMAN RD 1-50 ST. i �4 'it, EDWARD 11 A, TOUXTE14a SITE DATA 15 STALLS PROVIDED MI.T1 0 HEALTH CAPE Fl LOT 15 PUD i I— I u� LOT 10 Total Site Are. SIX AX. 1011.0i .bw ST 2 1,000 S F 077.4c. T 1,80 Ac EAST PARCEL 20b]ALL: PROVIDED D rz Land USe Acres LOT 16 7 STALLS PROVIDED 1.50 S F -Q Total Area 52 70 A. 5768% 7 A� LOT I I Commercial 36.89 Ac 40.37% A' STALLS PROVIDED 'Sy Ra.h'q"ed Pennmam Rd. �f- 11 1 1 Nrl "O'S' LOT 17 060Aa 110 Ac 1,31%, Open Space 4 41 AC 4 B3% 37 STALLS PROWDED 2500 S F "e' Storm Water Management 10,20 Ac 1116% :47.kc .14 76 STALLS PROVIDED if"4- Z4 1 - I-- GEORGE E. WEST PARCEL BLOCK Land Use Acres die A4. LOT 15 wv I RETAIL 1 A-1 Total Area 38.67 A. 42.32-A IS 'z00 fir., C4 Commercial 14.46 Ac 15.83-h 12 A DWYER Tiamrhomes 16-11 AC 1763% .111 ve '-"2S"'ZC'S .1 ' PROPERTY U��l VIDED 1,82 Aci 1.99% -Z PRO internal ROW LOT 18 x Storm Water Management 6.26 Ac 687% tw If INCLUDED 133 a, 202 Ac SO STALLS PROI IDED NOT INCLUDED IS LOT 19 C--. ci; 12 56 Ac. or,...... ......... 13,600 ST, IN STALLS PROVIDED A .2 U,:214 10LOT 500 S,F 20 EA. - a.. LOT 13 LOT 14 , -1 -7(1 1 2.05 Ac. IF (gjz , � S.F. a, , I r? 41 Aa I WAa 78 STALLS PROVIDED TOTAL Ji 42 STALLS PROVIDED 65 STALLS PROVIDED a% WVrIp01 COUNTRY l Eta ISI LOT 12 HILLS R-2 54 STALLS PROVIDED w; LOT 21 Dam, 05-014001 29,I005Y. CONCEPTUAL S..I.A.=100• 5 16 A.. 3XtaTI 1, 0 TO"HONMS 292 STALLS PROVIDED PUD PLAN Lr 4. 1 Ian UNITS 0 I.o GrIphic scme 17.82 Ac. PREPARED BY: 5.0DDn/A. DEVELOPER: SCHOPPEDESIGNASSOCIATES INC RAINTREE Landscape A whilearaw and Land Planning SUBDIVISION' JAKE LAND GROUP R-2 PUD 23118 Sandpiper Cove J26S WNST. PH.(630)551-3355 Plainfield,IL 60544 OSWEGO,IL 60543 FAX(630)55/.3639 3 VINDMIL.L. Yorkville, Illinois ORNAMENTAL TREES i/ i5 ,� ANCHOR :�t SfTORE CANOPY TREES % ALYCHOR STORE EVERGREENTREES - � TENPNTSIGNAGE SEECETAIL] l sue ? ORNAMENAL FREER PERENNIALS ANNUALS SwP,t O: �,/ TENANT SIGNAGE EANOAI TREES �� VJOA �( A � SCALE. 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AX(630)551-3355 Plainfield,IL 60544 OSWEGO,IL 60543 FAX(630)551-3639 { s ss,-' � `� r"rtt��fFrXfi� , '� t fa^ .... { 11 4 �1j'L Ci lxr gi rr t I r{. .v r x +y' i i t ��� { ` . r� r r rr r OFFIC PROTOTYPE ZDS Mal limmit /_-- ___ -, ateOlMeWre 4 PleMinR FYXO uNl ttH[i 4f159A1T V: _ ab � - k pe fl i — __ NORTN 8U20/NG£fYARON �� i a RWH(HM, dR.9Ff-r�"�-Pjr-'^F°T'1T 'I" ::''I i""^'I'Tx^'"71•x"''•'7. .171 3.' �IIIIiYYi'tlf6:l lTi]'$IHR"�StuI"s7S(ItuE?1FlEGEI '196' , In I FAST 8UlLOMG ELFUAiION snms x.� __._ _ ■ � � � ■ __ _ - pt sera.m,w;Fa �— 4u . ° flEVI510N5 - `i W LO/NG£1£Yg710N NEW BANQUET FACILITY YOREVILLE, IL BUILDING ELEVATIONS fill f IM Z�8F91g61�p1 'HMp, ' hlf�uVWIIYN Y ^�iPr _-- art a ro• 4 SOUTN BUTNG LFYARON �A102 r 1 Page 1 UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE CITY COUNCIL REPORT OF PROCEEDINGS taken at the meeting of the City Council for the United City of Yorkville , taken on May 24 , 2007 , at the hour of 7 : 00 p . m . , before Teresa S . Grandchamp , C . S . R . , at the City Council Chambers , Yorkville , Illinois . D - 823807 Page 2 Page 4 1 PRESENT: 1 And we'll start with the City staff. 2 MAYOR VALERIE BURD, Chairman, 2 MR. MARTIN: Harold Martin, Chief of 3 MR. JOSEPH BESCO, Alderman, 3 Police. 4 MS. ROSE ANN SPEARS, Alderwoman, 4 MR, DHUSE: Eric Dhuse, Director of 5 MR. MARTY MUNNS, Alderman, 5 Public Works. 6 MR. JASON LESLIE, Alderman, 6 MR. MILLER:FR: Travis Miller, Community 7 MR. GARY GOLINSKI, Alderman, 7 Development Director. 8 MR. JOSEPH PLOCHER, Alderman, 8 MR. MOGLE: David Mogle, Director of 9 MS. ROBYN SUTCLIFF, Alderwoman, 9 Parks and Recreation. 10 MR. WALLY WERDERICH, Alderman, 110 MS. MIKA: Susan Mika, Finance Director. 11 and Ill MS. KASPER: Denise Kasper, Human 12 MR. MICHAEL M. ROTH, City Attorney. 12 Resources Manager. 13 - - - 13 MS. SPIES: Glory Spies. 14 14 MAYOR BURD: And can we start with you? 15 15 MS. GILBERT: With me? 16 16 MAYOR BURD: Uh-huh. 17 17 MS. GILBERT: JoAnn Gilbert, 18 18 AUDIENCE MEMBER: (Inaudible), County 19 19 resident. 20 20 MS. SHEETZ: Stephanie Sheetz. 21 21 MAYOR BURD: Next row, please. 22 122 MS. GRISWACK: Sharon Griswack 23 23 (phonetic), resident. 24 24 MR. GRISWACK: Tom Griswack (phonetic), Page3 �___.�._._�._.��.v__._�...___...__.._...._....�._.�Page_..5. 1 MAYOR BURR: This is a little longer, j 1 resident. 2 but here we are back again. I'd like to have us 2 MR. CRICKET: J.D. Cricket (phonetic), 3 all stand for the Pledge of Allegiance, please. - 3 resident. 4 (Pledge of Allegiance.) 4 MR RAULSTON: Stan Raulston, resident. 5 MAYOR BURR: Okay. Can we have roll 5 MR. DALTON: Martin Dalton, resident. 6 call by the Clerk. 6 MR. REESE: John Reese, County resident. 7 MS. MILSCHEWSKI: Leslie. 7 MR. HARMON: Scott Harmon, resident. 8 ALDERMAN LESLIE: Here. 8 MR. SCHWARTZKOPH: Don Schwartzkoph, 9 MS. MILSCHEWSKI: Werderich. 9 Yorkville Police Department and resident. 10 ALDERMAN WERDERICH: Here. 10 MR. GRAFF: Tony Graff. 11 MS. MILSCHEWSKI: Golinski. 11 MR HAWKIS: Rob Hawkis, 102. 1, WSPY. 12 ALDERMAN GOLINSKI: Here. 12 AUDIENCE MEMBER Heather Gillard, 13 MS. MILSCHEWSKI: Plocher. 13 (inaudible) News. 14 ALDERMAN PLOCHER: Here. 14 MR KENNY: Bob Kenny, attorney for the 15 MS. MILSCHEWSKI: Munns. 15 Sexton Development project. 16 ALDERMAN MUNNS: Here. 116 MR NICHOLSON: Dan Nicholson, business 17 MS. MILSCHEWSKI: Sutcliff. 17 owner and County resident. 18 ALDERWOMAN SUTCLIFF: Here. 118 MR SAGATO: Dennis Sagato, resident. 19 MS. MILSCHEWSKI: Besco. ' 19 MR COOK Mike Cook, engineer for 20 ALDERMAN BESCO: Here. 120 Sexton Development. 21 MS. MILSCHEWSKI: Spears. 21 MR CAMPBELL: Rolf Campbell, landscape 22 ALDERWOMAN SPEARS: Here. 22 architect planner for Rob Roy. 23 MAYOR BURR: Okay. We have a quorum. 23 MS. GILMORE: Judy Gilmore. 124 And can I have introduction of our guests, please. 24 MR GILMORE: Tom Gilmore. 2 ( Pages 2 to 5 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 6 � Page 8 1 MR. EVANS: Collin Evans. 1 ALDERMAN LESLIE: Yes, your Honor, two 2 MR. WOODWARD: William Woodward, traffic 2 meeting dates, July 31st for the reinstatement, 3 engineer, KLOA. 3 lack of quorum for the last meeting, also 7 p.m., 4 MR. DANIELS: Drew Daniels, Sexton 4 and 7 p.m., August 21 st, 2007 here in the City 5 Development. 5 Hall Chambers. 6 MR. DUFFY: Joseph Duffy, Rolf 6 MAYOR BURD: The Administration 7 Campbell & Associates. 7 Committee meeting. 8 MR. PAGNOTTA: Steve Pagnotta, director 8 ALDERMAN MUNNS: 7 p.m., August 7th, 9 of(inaudible) developers. 9 City Hall Council Chambers. 10 MR. GOTTLIEB: Roy Gottlieb (inaudible). 10 MAYOR BURD: And the Public Safety 11 AUDIENCE MEMBER: (Inaudible), property 111 Committee meeting. 12 owner. ( 12 ALDERWOMAN SPEARS: Well, at this time 13 MAYOR BURR: All right. Committee ( 13 it's still 7 p.m., August 21st, 2007. However, if 14 meeting dates. Public Works Committee? Oh, 14 we do pass the amended and restated governing 15 excuse me, amendments to the agenda. Do we have 15 ordinance that is listed under item 1 of the City 16 any amendments to our agenda? 16 Council report, then we will change that time to 6 17 ALDERMAN MUNNS: Yes, we have the 17 p.m. 18 treasury report on the consent agenda. 18 MAYOR BURD: Okay. We have a 19 MAYOR BURD: Do I have -- all in favor? 19 presentation tonight, the Aux Sable Creek 20 (Body of ayes.) 20 Watershed Plan. 21 MAYOR BURD: All opposed? 21 MS. SHEETZ: I don't know if we can 22 ALDERMAN MUNNS: Second, we have to, on 122 maybe dim the lights, if you can see that. Yeah, 23 the current bill list approval, remove the Dan 23 that's great. Thank you. 24 Kramer invoice on page 3 for $3800 off the bill 24 MAYOR BURR: Hi, Stephanie. Would you Page 7 Page 9 1 list so we can approve the bill list. ( 1 state your name, please. 2 MAYOR BURD: Okay. All in favor? 1 2 MS. SHEETZ: Yes, Pm going to. I'm 3 (Body of ayes.) 3 Stephanie Sheetz of The Conservation Foundation. 4 MAYOR BURD: All against? 4 I'm here to talk about a project that we have 5 Any other changes? No? Okay. 5 going on in the Aux Sable Creek Watershed that I 6 ALDERMAN MUNNS: Wait, wait, one more. 6 wanted to bring to your attention and explain to 7 On the -- on administration No. 3, the resolution 7 you and ask for your support. 8 on the employee driver's license to pass it 8 I thought there are some new Council 9 according -- with the changes, amended changes 9 members, so I'm not sure who is familiar with The 10 recommended by Alderwoman Spears about the 10 Conservation Foundation and who isn't, so I just 11 administrator being notified, and one other. 11 have two slides here to talk about who we are, and 12 MR. ROTH: And the elimination of the 12 the bottom line of our mission is about protecting 13 redundant sentence. 13 lands and watersheds, rivers and streams, and so 14 ALDERMAN MUNNS: Correct. 14 we are working to that end. 15 MAYOR BURR: Okay. All in favor? 15 And we have been working in the area 16 (Body of ayes.) 16 since 1972. We started in DuPage County, but then 17 MAYOR BURR: All against? 17 about 10 years ago expanded into Kane, Kendall, 18 All right. Committee meeting dates. Ila and Will Counties and have been serving those four 19 Public Works Committee meeting. 19 core counties for the past 10 years or so. And 20 ALDERMAN BESCO: Yes, your Honor, 7 20 we're supported by about 4,000 members and we have 21 p.m, August 7th, 2007, in the City Hall 21 nine employees that are full-time and a few 22 conference room. 22 part-time. 23 MAYOR BURR: Economic Development 23 And about a year ago we opened up a 124 Committee? 24 program office in Kendall County on the west side 3 ( Pages 6 to 9 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 101! Page 12 1 of Montgomery. Hopefully you all have had a 1 things are changing. 2 chance to come see the farm there. There are a 12 So what this project includes is an 3 number of events going on and we welcome you to 3 update of strengthening to the existing plan to 4 come out and take a look at it at any time. 4 now meet the new criteria that are there, and, 5 So without further ado, I would like 5 really, the -- I'll go over some of those 6 to talk about the Aux Sable Creek Watershed Plan. 6 criteria, but they're really about trying to make 7 Most of you are probably aware that there is a 7 what's happening in the watershed more proactive 8 coalition that has been active in the watershed w 8 and more action-based and measure those results. 9 for a number of years now. In the mid '90's, kind 9 But I'll spend just a minute talking about that. 1 o of as a result of the flooding that took place in 110 And the second component of the 11 '96, there were a number of watersheds that ill project is education outreach. We need to, once 12 undertook watershed planning and put together some 12 we complete a plan, be letting people know what 13 baseline information about the biology that's i 13 are the recommendations in that plan. It's going 14 present in some of those creeks, some of the 14 to identify some potential projects. We want to 15 species that are there and some of the sensitivity i 15 be working on trying to get some of those -- going 16 of what we have there and also some guiding goals 16 through those recommendations that are maybe 17 about some principles that they would like to see 17 higher on the list in terms of protecting the is achieved in the watershed and how to protect the 18 creek. And we hope what that plan should do is 19 character of the area given the changes that are 19 set us up for a good number of years in the future 20 happening. 20 with activities that will be proactive in 21 But since that plan was completed in 121 protecting the watershed. 22 the late '90's, there has been a lot of change 122 Now, I mentioned these nine 23 happening, a lot of growth and development in the 1123 criteria, and I believe in your agenda packet you 24 area, and there also has been a change to the -- 1 124 have kind of a three-page handout that goes over Page 111 Page 13 1 some requirements that the Illinois Environmental 1 some of the items that I'm talking about tonight. 2 Protection Agency has in terms of watershed j 2 The first page of that there are -- these nine 3 planning. They have come out with a set of nine 3 criteria are listed. I'm not going to go through 4 criteria that they want watershed plans to meet in j 4 them, but what it comes down to is, if I could 5 order to qualify for funding for future projects. 5 summarize it, is identifying issues, existing 6 And what we're talking about is Section 319 6 issues that are in the creek and any potential 7 funding, which is for nonpoint source pollution 7 problems. And when we say "potential," we mean 8 projects. We're talking about stream bank 8 there are some known issues that occur as 9 restoration. We're talking about pollutants that 9 development occurs in a watershed. And so those 10 come off of driveways, off of rooftops, off of 10 are going to be identified because most of the 11 streets, that type of thing. You know, one of 11 watershed is not built in right now, so we want to 12 those is a no dumping in the sewers because it 12 be sure that as we're growing both unincorporated 13 will go straight to the river. That's all 13 and incorporated proposals are trying to do the 14 nonpoint source pollution-type activity. And that 114 best that we can for the quality of the creek. 15 pollution and that -- the amount of water that's 115 So it's identifying those issues, 16 coming into the streams has been recognized to 116 identifying ways to address those and prevent 17 directly affect the quality of a creek. 117 problems and being proactive about that. But then 18 So given those changes, given the 118 measuring success, monitoring that and measuring 19 new requirements of the EPA to qualify for funding 119 it over time, and that's a big component that we 20 for future projects, and given that right now in 120 haven't seen in some of these plans. There are 21 the watershed we have a Class A rating, the ;21 some good guidelines, but these coalitions that 22 highest rating that a stream can get, its one of 12 2 are grassroots organizations don't really know 23 about 10 in the state, we want to be working 123 what projects they should be doing or how should 124 proactively for the efforts of the watershed as 124 they be working most effectively to partner with 4 ( Pages 10 to 13 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 14 ' Page 16 1 local government, other organizations, to make j 1 we're trying to do that throughout the project. 2 sure that they're trying to do the best for the 2 But it's going to entail contacting the landowners 3 watersheds. So this plan will help a lot more 3 according to that green infrastructure plan for 4 with that and be a little bit more specific on 4 the rest of the watershed. 5 those types of projects and recommendations. 5 We did 70 percent of the watershed 6 The update and strengthening is also 6 that's in Kendall County, the areas that fall 7 going to include completing a green infrastructure 7 within some of the jurisdictions in Kendall 8 plan for the watershed. Through The Protect 8 County. Those landowners who own land according 9 Kendall Now project, which I think a lot of you 9 to that plan that was completed and endorsed by 10 are familiar with, we mapped out the green 10 the municipalities in the County, we've been doing 11 infrastructure for Kendall County. Well, 70 11 that contact. We will want to finish that for the 12 percent of the watershed is in Kendall County. 112 watershed into the Grundy County portion. 13 Another 26 or so is in Grundy County, and then 13 We'll be doing educational 14 there's a small portion that's in Will County. 14 presentations, like I said, about the plan, about 15 So the watershed said -- the 15 the recommendation, and trying to keep that top of 16 coalition said, hey, that's great that you guys 16 mind as things are occurring in the watershed. 17 are doing that, but we want to complete it for the 17 We also plan to help to facilitate a 18 entire watershed because we want to make sure that 18 little bit more conservation design, more of the 19 we're making our best effort to protect our open 19 principles of stormwater best management practices 20 space and our green infrastructure that has i 20 being incorporated in some of the proposals that 21 function in terms of floodplain areas of wetlands 21 are coming forward. 22 as a good function that we need to be protecting 22 We got some money from the Grand 23 those areas. And so we're going to finish that 23 Victoria Foundation to help piece together this 24 for the watershed. 24 project specifically for what we're calling a Page 15 � Page 17 I 1 And here is a listing of some of the ( 1 developer training module. 2 information. Basically the same approach that we i 2 What we've been hearing from some of 3 took with The Protect Kendall Now, in terms of i 3 the municipalities is that plans are coming 4 gathering information from comp plans, other 4 forward and they don't have the BMPs in them and 5 natural areas information that might be available, 5 they don't know how to get those into the plan. 6 land use covers to identify kind of forested areas 6 So we said, okay, well, we want to work 7 or prairie remnants, trying to put that all into 17 proactively with the development communities and 8 one place and identify what it -- what makes up ( 8 try to encourage some of those to be in the 9 the green infrastructure. 9 proposals from the get-go. So that's part of this 10 The second component is the 10 project. 11 education outreach, and there are several major 11 And so hopefully that will result in 12 activities that we've identified. We have not 12 more on-the-ground conservation design principles 13 gone into a lot of specificity about this yet 13 being integrated. You know, again, it's a wide 14 because some of them are going -- some of the 14 range of activities that can occur. There is no 15 activities in this portion will come directly from 15 one answer. So that makes it difficult to 16 some recommendations in the plan. So we're doing 116 identify, but we think that there are more 17 a mix of what we think might be some good things 117 activities and more principles that can be 18 to do and then trying to leave it a little open to 118 incorporated into the proposals. So well be 19 be able to start working on implementing that plan 19 working in that vein. 20 once its done. 120 And finally just education and 21 The plan update itself should take 21 outreach about some of the BMPs, that we fully 22 about a year. The second year we kind of build as 22 expect that the plan is going to recommend some 23 the education outreach, although, we're certainly 23 stormwater best management practices and we want 124 doing much of that at this point as well. So 24 to be doing some education outreach about those so 5 ( Pages 14 to 17 ) Depo • Court Reporting service ( 630 ) 983 - 0030 I Page 18J Page 20 1 that they're making their way into many of the 1 Some of the benefits. I've listed a 2 local ordinances. 2 lot of these in your packet as well. In the 3 Some of the outcomes, I want you to 3 interest of time, I won't spend a whole lot of 4 understand exactly what we're expecting from this 4 time on them. But I mentioned this IEPA funding a 5 project. One will have an updated and kind of 5 little bit and I've mentioned that they provide 6 compliant plan, although, we're not identified as C 6 funding for projects. And the type of projects 7 in violation of anything and that's not certainly 7 that we might be talking about might include a 8 the case at all, but what will happen is by having l 8 project that we were working on in Manhattan where 9 this updated plan, we qualify for a pot of money 1 9 the Manhattan Creek was piped and there had been a 10 that right now any project in the watershed 10 lot of trouble with flooding, and when the 11 wouldn't qualify for. So we want to make sure 11 development across the creek came in, the village 12 that we can meet those standards to be open to 12 worked with them and The Conservation Foundation 13 have access to that funding. I13 was involved in that, and while they did not get 14 The watershed wide open space plan, i14 Section 319 funding for it, it could have 15 as I mentioned, contacting the landowners in the 115 qualified. 16 rest of the watershed to gage interest and talk 16 What they did was they took the 17 about options for land preservation. There -- you 117 creek out of the pipe, they day-lighted it, 18 know, there is a whole gamut of options that i 18 brought it back up to the ground, meandered it and 19 people have and we want landowners to know about 19 put a lot of needed plantings in there to deal 20 that. 120 with the issues in the creek, with the quality and 21 We fully expect that the -- some of 121 with the flooding. So that's an example of a 22 the recommendations in the plan, while they won't 122 project. 23 get specific about, you need to change your 123 Another example is in Villa Park. 24 ordinance to do this or that, they'll say, well, 24 The police station did a redevelopment of their Page 19 '_- —_- Page 21 i 1 in identifying potential issues that could happen 1 site and they put in some permeable pavement and 2 in the watershed based on what we've seen happen 2 some rain garden areas, I think more kind of 3 other places, they'll say, these types of 3 native planting, and they did get Section 319 4 stomlwater best management practices can help = 4 funding for that. So that was a project where 5 address those issues. And so it's recommended j 5 they needed a new facility and they were able to 6 that many of the communities that are in -- ( 6 get funding through the IEPA. 7 growing into the watershed, that are located in 7 The IEPA will fund up to 60 percent 8 the watershed, consider incorporating those into 8 of a project if it meets the criteria of Section 9 many of the developments that are doing their 9 319, the nonpoint source pollution. That's a big 10 ordinances. 1110 chunk of money and we want to be able to qualify 11 So we want the elected officials to 11 for that. 12 know there is always some question about, well, 12 Say that there are areas of the 13 what's the most effective one and which one should 13 middle of Aux Sable, which I know is in your 14 we be doing? We want to be able to answer that by 14 planning area, that are found to have some 15 saying, these following ones are good for this 15 stream-based erosion. Well, we want to deal with 16 watershed based on what we know and what we're 16 that issue and we can potentially qualify for 17 studying here with this project. So hopefully 17 funding by having this plan in place. 18 its a lot more concrete in terms of some actions 18 So those are some of the concrete 19 that we can be taking. 19 examples. We also know that there are long-term 20 And finally we hope that through I2 0 benefits of dealing with some of the flooding 21 that development training module and through the 21 issues that come up and we need to be careful of 22 education outreach and through having this plan 22 preserving our green infrastructure so that we 23 done, we'll end up getting more results on the 23 don't see that happening. Our wetlands have an 124 ground. 124 important function. We want to preserve all of 6 ( Pages 18 to 21 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 221 Page 24 1 those. 1 percent is for the local government units. Is 2 So I think I'll move on. We can 2 that collectively, the 26,500, or are you looking 3 talk more about that if you'd like. 3 for that amount from each unit? 4 I'd like to fmish by just briefly 1 4 MS. SHEETZ: That would be collectively. 5 talking about the project cost. We got a majority 5 We have estimated that we can piece that much 6 of the funding from the IEPA for this project, and 6 together. 7 that is confirmed funding. The total project cost j 7 ALDERWOMAN SPEARS: Okay. And this 8 over two years is about $230,000. Another good 8 would be over a two-year period; correct? 9 chunk of that we got from the Grand Victoria 9 MS. SHEETZ: Yes. 10 Foundation for that developer training module that 10 ALDERWOMAN SPEARS: Okay. And then 11 I talked about. The rest of it we're kind of ( 11 also -- I would like to direct this to Travis. Do 12 piecing together. 112 you work with this foundation as far as the 13 We've applied for a grant through 113 developments that are proposing to come in up 14 the Moms Community Foundation. They provide 114 north near the creek? 15 funding for projects like this, and since, you 115 MR. MILLER: The Conservation 16 know, a portion of the project is in the Grundy ; 16 Foundation? 17 County and Morris area, especially that mapping is I17 ALDERWOMAN SPEARS: Right. 18 all in Grundy County, we felt it appropriate to 18 MR. MILLER: Absolutely. They've been 19 try to tap those funds, and that's kind of a new 19 involved in various projects. Stephanie has 20 cycle. So we don't quite know yet what's going to 120 always been available to staff. The Hudge advice 21 happen with that funding, but we hope that it's 121 (phonetic), they have participated with us. A 22 going to come through. 22 specific project that comes to mind off the top of 23 We've also tried to tap the Kodak i 2 3 my head is the property at the intersection of 126 24 American Greenways Fund. They give funding for 124 and 71 that was annexed. There was a wooded area Page 23 Page 25 1 1 green infrastructure mapping and we think that 1 on that property that was a concern of the City 2 this is an appropriate project to help with that. 2 Council at the time that it was annexed and 3 So -- and then the Aux Sable Coalition. The 3 Stephanie has been gracious enough to assist us 4 citizens are putting up some money. They have ' 4 through those discussions, and those are 5 been asked to help with that because they have 5 continuing. And there are other projects as far 6 some investment in what's happening in this area 6 as that goes. 7 and they're participating. 7 MS. SHEETZ: They kind of come and go. 8 And finally the investment of the 8 ALDERWOMAN SPEARS: Well, I think I 9 local government partners. Just like we did with 9 questioned the last time we had a development lo Protect Kendall Now, were going around and 10 before us and I asked if they received approval 11 saying, this project can benefit everybody and so 11 from the IDNR and you said it was too preliminary 12 were asking everybody to chip in a little bit to 112 because it was just concept. 13 do that. 13 MR. MILLER: The Department of Natural 14 And here is a list of the local 14 Resources? 15 government units that I am going to that we've 115 ALDERWOMAN SPEARS: Yeah, we were 16 been requesting to provide some of that funding. 16 talking about that as well, and -- 17 So Ion here tonight to explain this 17 MR. MILLER: I apologize. I don't 18 project and also to ask for your support and 18 recall the specifics of that discussion. 19 hopefully the City would consider funding this 19 ALDERWOMAN SPEARS: Okay. But are they 20 project. 20 in the foundation -- The Conservation Foundation, 21 MAYOR BURR: Any questions? 21 are they in on the onset of a project that is near 22 Alderwoman Spears. 22 a creek, the Aux Sable Creek? 23 ALDERWOMAN SPEARS: Stephanie, I have a 123 MR. MILLER: Well, we -- what The 24 couple of questions here. I see that funding 11 124 Conservation Foundation did about a year ago, as 7 ( Pages 22 to 25 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 26 � Page 28 1 Stephanie indicated, was worked for a couple of f 1 ALDERWOMAN SPEARS: Now, is there a 2 years on producing the Protect Kendall Now project 1 2 specific amount that you are going to request from 3 (inaudible) and identified green space corridors 3 Yorkville? 4 primarily along the Fox River, as well as the 4 MS. SHEETZ: I have a range at this 5 tributary to the Fox River and other greenways 5 point -- 6 within Kendall County. Now, that is an overlay. 6 ALDERWOMAN SPEARS: Okay, 7 The information was provided to us as other 7 MS. SHEETZ: -- because it depends on 8 jurisdictions in Kendall County. The form of GISA 8 those grants. If they come through, then I need 9 was overlaid with their own data. So as we looked 1 9 less. If they don't come through, then I need 1 o at developmental plans, we have that as another 1 1 o more. So my range at this point that I would hope ii piece of information to ensure that what the ill that the City might consider is 2500 to 3500 -- 12 Protect Kendall Now plan recommends for 112 ALDERWOMAN SPEARS: Okay. 13 preserving, maintaining as open space is 1113 MS. SHEETZ: -- each of the two years, 14 consistent with the development plans. 14 and I think -- 15 At the time that the Protect Kendall 15 ALDERWOMAN SPEARS: Each of the two 16 Now plan was drafted, Stephanie's group, The i16 years? 17 Conservation Foundation, had utilized its 117 MS. SHEETZ: Yes. 18 comprehensive plan. So, yeah, I feel like since ' 18 ALDERWOMAN SPEARS: Okay. 19 I've been here, I think we're probably 90 percent 119 MS. SHEETZ: And I think last time you 20 or better in terms of consistency, as far as what 120 budgeted for it, so it's not something that just 21 the City envisioned for land use is, and what the 121 comes up extra here. I think it would be in your 22 Protect Kendall Now Plan is in terms of what the 122 next budget, and that's fine. 23 (inaudible). 123 ALDERWOMAN SPEARS: Okay. Thank you. 24 In general, the details, as far as ' 24 ALDERMAN BESCO: Stephanie, a few years Page 27 Page 29 1 when development occurs along those adjacent to ( 1 back at the Illinois Municipal Conference there 2 those green spaces, how stormwater is handled that ( 2 was a seminar that I had gone to about 3 goes through those green spaces, how development 3 infiltration and the proposed nonpermeable -- they 4 abutting those green spaces is controlled and all 4 were talking about -- I can't remember if it was a 5 of those things, we consistently need to monitor. 5 state or a federal tax on nonpermeable services, 6 But at this point, I can speak to that plan as 6 and they said that this is definitely something 7 being (inaudible). 7 that is going to come. I was wondering if you 8 ALDERWOMAN SPEARS: And, Stephanie, one 8 knew any of the details on that. I couldn't 9 last question. Have any local governmental units 9 remember -- I've got to go back and look through 1 o committed yet to you or have you just presented 10 my notes, but I couldn't remember where that tax 11 this to us fast? ill was going and was any of that going to be used for 12 MS. SHEETZ: Yes, we have had a couple. (12 projects such as this. 13 ALDERWOMAN SPEARS: Okay. �13 MS. SHEETZ: Now, I don't know about 14 MS. SHEETZ: We haven't had any formal 114 what you might be speaking about, but I guess the 15 agreements set up with any of them, but the city 15 first thing that pops into my head when you 16 of Moms has contributed, Kendall County, Kendall 16 mentioned a kind of tax for impermeable areas is 17 County Forest Preserve District have agreed to 17 that stormwater utilities are starting to become 18 contribute, and Plainfield Park District. So I 18 fairly used. And what they do is for an area -- 19 have been around to most of the municipalities. 19 it's not coming to mind, but I believe there might 20 It takes a while. 20 be one in the Chicago area. I don't remember 21 ALDERWOMAN SPEARS: Right. 21 where. But they -- each resident is taxed on the 22 MS. SHEETZ: And I want to respect that 22 amount of impervious area that they have. And you 23 process, but we are slowly coming together just 23 can reduce that tax by using a rain barrel or 24 like we did with Protect Kendall Now. 124 having a rain guard or something because you're 8 ( Pages 26 to 29 ) Depo • Court Reporting service ( 630 ) 983 - 0030 Page 30 Page 32 1 hying to use that water as a resource and keep it 1 comment. It's unrelated. It's kind of a 2 from running off and contributing to flooding, 2 coincidence that you're here this evening talking 3 which is an economic impact, and pollution issues 3 about Aux Sable being an A-rated stream, and I 4 and things like that. I don't know of any state 4 think one of the others that are in the area is 5 legislation. 5 the Rob Roy Creek which were going to hear from 6 ALDERMAN BESCO: Yeah, I can't remember. i 6 So I just want us all to keep in mind that the 7 I've got to go back and look at my notes, but I i 7 same thing that were doing for Aux Sable we need 8 know it was fairly detailed. 8 to start looking at with Rob Roy Creek as an 9 MAYOR BURR: I think I just read 9 A-rated stream in the state as well, which are 10 something not too long ago that that's coming 10 very rare. 11 through. I didn't -- ill The Conservation Foundation is not 12 MS. SHEETZ: What has happened is, what, 112 working with that, is it? 13 I think about two years ago now is that Kendall 13 MS. SHEETZ: We haven't been involved in 14 County has countywide stormwater authority, so 14 this particular development or the Rob Roy. We've 15 they could enact a countywide ordinance for 15 worked on watershed planning for the Big Rock 16 stormwater. 16 Creek, which is a Class A stream for the 17 ALDERMAN BESCO: So that authority comes 17 Blackberry Creek and the Aux Sable. Those are the 18 from the federal government to the county or from 18 watersheds that we've been active in the county. 19 the -- 19 ALDERWOMAN SUTCLIFF: Okay. Thank you. 20 MS. SHEETZ: I think that comes from the 120 MAYOR BURD: Thank you. 21 state. 121 MS. SHEETZ: Thank you. Thanks for your 22 ALDERMAN BESCO: From the state. 122 time. 23 MAYOR BURR: I think what you`re ' 23 MAYOR BURD: Okay. Let's move on to the 24 referring to, though, was on the state level. 124 next public hearing. Sexton Development, LLC, Page 31 Page 33 1 ALDERMAN BESCO: Yeah I couldn't j 1 Petitioner, has filed an application with the 2 remember if it was the state -- they were talking ; 2 United City of Yorkville, Kendall County, 3 about state or federal, and that was my question. 3 Illinois, requesting annexation to the United City 4 And as to -- I seem to remember some of it that -- 4 of Yorkville and rezoning from Kendall County A-1 5 I mean, they were discussing recharge areas and, 5 Agricultural to United City of Yorkville Planned 6 you know, the aquifers and the value of having 6 Unit Development and Concept PUD plan. 7 permeable -- 7 The real property consists of 8 MS. SHEETZ: Right. 8 approximately 272.186 acres, located on the north 9 ALDERMAN BESCO: -- surfaces. 9 side of Illinois Route 34, east of Eldamain Road 10 MS. SHEETZ: Opportunities to 10 and west of Cannonball Trail, Yorkville, Illinois. 11 infiltrate, yeah. i 11 MR. DANIELS: Good evening, everyone. I 12 ALDERMAN BESCO: Sure, sure, absolutely. 12 see some familiar faces and some people I've never 13 And I was just curious as to where those funds 13 seen before, so Pll introduce myself. Pm Drew 14 were. Were they designated or were they -- I 14 Daniels of Sexton Development. I'm here to 15 can't remember that. Pm going to have to go back 15 represent Sexton Development and my family on the 16 and check my notes. I thought you might just have 16 parcel you were just explaining, the parcel that 17 some information. 17 we like to call Rob Roy Falls. 18 MS. SHEETZ: I cant confirm whether 18 Please forgive me if I fiunble a 19 there is any funding for that or not. Pm not { 19 little bit, I'm a little nervous, but I have nine 20 aware of that. 120 wonderful consultants with me that can help me out 21 ALDERMAN BESCO: Okay. Thank you. 121 with any questions that you guys might direct 22 MAYOR BURR: Anyone else? Any other 22 towards me that I can't answer. 23 questions? 23 So we'll just get started with some 124 ALDERWOMAN SUTCLIFF: I just have a 124 of the components. Well, let's start with 9 ( Pages 30 to 33 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 341 Page 36 1 actually the characteristics of the site. Again, i 1 it would have master bedrooms on the first level. 2 what we're here tonight for is were working on 1 2 Within the Rob -- or the -- in the 3 the annexation of the PUD process. The property 3 senior development, we would have -- it would all 4 borders the north side of Route 34. It will be 4 be private roads, private parks, and we would have 5 adjacent directly west of the future Beecher Road. ! 5 a clubhouse, which is at the lower southeast 6 We're about a quarter mile east of Eldamain Road, 6 corner of the senior development over there. 7 and we're about 272, give or take, acres zoned j 7 Moving on to the third and final 8 agricultural. The site is fairly flat and we do 1 8 component. We have the -- what we like to call 9 have Rob Roy Creek running north-south through it, 9 the Rob Roy Club. That is 70, plus or minus, lo almost splits the site. And basically we've been 110 acres. It's located directly north of the main 11 working on this project for a long, long time. 11 big box section of commercial east of Rob Roy 12 I'd say well over five years. 112 Creek. We are looking for somewhere between 298 13 My family has owned the farm for a 13 and 416 units in here, which would consist of 14 little over 30 years. We've had a terrific tenant 14 single-family clusters, duplexes, townhouses, and 15 on the site who has taken great care of the 115 mid-rise dwellings. 16 property, and, you know, we think that now is the 116 Basically, I'd like to kind of give 17 time to develop this piece of property. i17 you a quick synopsis of what the Rob Roy Club is 18 Basically, taking all that into 1 18 because a lot of people have had a lot of 19 account, taking into account the surroundings and ; 19 questions as to what this is. 20 everything else that's going on in Yorkville, we 20 Here we go. This is a new and 21 came up with three proposed -- well, basically 21 unique concept for the Chicago area. It's a 22 three components to the site. i22 combination of a potentially gated community, a 23 The first and most obvious to 123 private country club, excluding the golf course, 24 everyone is the 130, plus or minus, acres of the ;24 and an entry-fee community such as those done for -----. .-__.___,_----- --- --__—.__. Page 35 � Page 37 r 1 commercial which fronts mainly on Route 34 and a i 1 senior housing. This development, however, is not 2 number on Beecher Road. Approximately 4,000 i 2 age-restricted or targeted. It is planned to 3 linear square feet of Route 34 is where the j 3 appeal to active young adults and empty nesters. 4 commercial is located and about a thousand linear 1 4 The club facilities would include a clubhouse, a 5 feet along Beecher is commercial. The commercial 5 clubhouse with dining facilities, meeting rooms, 6 will be everything from large boxes to small 6 health club facilities, a swinuning pool, tennis 7 boutiques and a lifestyle center more towards the j 7 courts, and all-purpose courts, with a usable lake 8 middle, the lower portion of the site. 8 for fishing and water-ski activities. 9 Moving on to our second component, i 9 The development will work by having lo which would be our senior development, which as 110 members pay an entry and initiation fee, which 11 you can see is directly west of the Rob Roy Creek. 11 would vary based on the size of the dwelling they 12 It's, give or take, 75 acres, plus or minus. The 12 choose. They would then pay assessments adjusted 13 range of units that we're looking for in that area 13 annually to cover the remaining cost of 14 are anywhere from 210 to 310 units. It will bean 14 development, management, maintenance, operations, 15 age-targeted senior lifestyle living. What we're 115 taxes, and reserve for replacements. Members can 16 looking for is single-family duplex and multiunit 116 remain in their units or swap for the other units 17 buildings there. 1 17 as their needs change and units of the desired 18 What we are planning is basically -- 118 size and type become available. 19 well, some of the developers that we've been 119 Housing choices will include 20 talking to have built two-story senior housing in 120 single-family detached and attached housing in 21 the Lake County area. So I can't promise or 121 units in three- to four-story elevator buildings 22 predict that all these will be ranch-style homes, 122 with enclosed parking. When a member elects to 23 but the idea of the senior home would basically -- 123 move out of the development upon proper prior 24 it's not particularly designed for families, but 124 notice, he or she is eligible for a return of 75 10 ( Pages 34 to 37 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 38I Page 40 1 to 100 percent of their entry fee, which is an ( 1 my knowledge, we have remained equal or under to 2 amount to be determined, to be returned upon 2 five units per acre. So, if that's correct, I 3 occupancy by a new member. 3 think -- right. And basically what we've been 4 And like the senior development, the 4 able to do is we have been able to maintain 52 5 streets and the parks within the Rob Roy Club 5 percent of open space between the senior 6 would be private and as well as all the amenities 6 development and the Rob Roy Club over the -- 7 to the country club. j 7 everything north of the commercial. So -- here we 8 And -- well, I guess that's the 8 go. Right. 9 whole entire site in a nutshell. I know that 9 Basically this section here and here 10 there is going to be lots of questions, but I U0 is a total of 52 percent open space. So I think 11 think what I'd like to do now is open it up for 111 when -- I really do feel that the amount of water 12 some questions. I know that some of you may have 112 features that we have and the type of development 13 just heard me speak real quickly about the -- when 113 we're putting in, it's unique to Yorkville. It's 14 I said water-ski activities directly north of 14 not here yet and it's something that I think that 15 there. My brother happens to be an avid 15 Yorkville could benefit from. 16 water-skier and so he's been looking for a piece 16 And I really think that this project 17 of property to do this on for a very, very long ,17 is going to have a special twist on it. It's 18 time. He's a part of the Water-Ski Association. 118 something that, I mean, I'm very proud of and my 19 He knows all the rules and regulations. And, 119 consultants and I have been working on it forever, 20 anyway, that detention area is more than adequate 120 and this is something I'm really going to be proud 21 in length to actually run a full professional ski 121 to put my name on. It's not going to be 22 course on the lake. 1 22 (inaudible), I can promise you that because that's 23 And basically what we were hoping to 23 something I'm not all about. 24 do is as one of the amenities to the Rob Roy Club 124 And I'm sure that many of you don't Page 391 Page 41 1 would have a private boat that would have the 1 1 want to see that anymore. I think that some of 2 ability to take people out on the lake and use the 2 the things that we have planned for both the Rob 3 ski facility and possibly host, you know, 3 Roy Club and the senior development are what can 4 lower-level events for this Water-Ski Association 4 be considered a higher end product for sure that 5 that's throughout the United States. 5 you've never even seen in Yorkville. 6 Oddly enough, there are very, very 6 Now, as for the senior development, 7 few places in the entire midwest that can do this. 7 I know that we're talking to specific builders 8 So it would be a definite -- an interesting 8 right now that have done a lot of these buildings 9 feature, and you'd be surprised as to how many 9 that we're looking at in the Lake County area, and 10 people that are into this and it's just not talked 10 it's a lot of masonry and a lot of-- they're 11 about. So, I'd like to open everything up, 11 good-looking products. 12 though, for discussion and kind of go from there. 12 I don't know if that answers your 13 MAYOR BURR: Okay. Do we have anybody 13 question, but -- 14 in the audience who has any questions for this 14 MR MILLER: Where is all the parking at 15 gentleman? Mr. Miller. Would you identify i 15 for all those units? 16 yourself and -- 16 MR DANIELS: Well, actually, everything 17 MR. MILLER: Todd Miller, County 17 that you see there has got an attached garage or 18 resident. With all the commercial there and the f 18 the mid-rise dwellings actually have -- is it 19 proposed senior housing and your Rob Roy Club, 19 parking underneath? 20 that looks like a pretty dense land use. What is 20 UNIDENTIFIED AUDIENCE MEMBER: Yes, it 21 approximately, you know, the units per acre? How 21 will be completely within the zoning unit 22 many -- I mean, if you're two stories up, that's a 22 requirements. 23 pretty dense usage, isn't it? 23 UNIDENT'IF'IED AUDIENCE MEMBER: Correct, 124 MR. DANIELS: Each one of the uses, to 124 yeah. 11 ( Pages 38 to 41 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 42i Page 44 1 1 MAYOR BURR: Gentleman in the back 1 number of people. If it did take off well and 2 first, 2 its something that the City liked, I'm sure that 3 MR RAULSTON: Stan Raulston, resident. 3 we would be able to negotiate something with the 4 As far as the open space, how much of that is open 1 4 commercial developer for the parking along the -- 5 to the public? 5 inside the -- where the commercial would be. But 6 MR DANIELS: Well, we are -- well, I'm 1 6 I can tell you that you will see a row of trees 7 kind of in negotiations right now with the Park 7 directly behind the commercial. We're looking at 8 Board on that. Obviously, what is difficult to 8 a pretty big piece of property here, and that's 9 kind of see looking from even here, but -- well, 9 not just a little sliver of land. That's quite a 10 there is a lot of red lines on there, and what i 1 o bit of property. We're going to have a good size 11 those red lines are are the bike trails and the 11 berm there. And on the back of that berm, 12 walking paths. We're obviously doing everything j12 basically the north side of that berm, what we're 13 that we can to -- or we will meet all the City's 113 hoping to do is have a -- I forget the enact slope 14 requirements in regards to the Park Board in 14 we're looking for, but an area where we can 15 making sure that we have all the proper bike 15 actually put seating of people along that entire 16 trails and everything that they request, 116 area right there to watch these events if that's 17 everything along Rob Roy Creek, everything along i17 what eventually happens. 18 Beecher, and everything along Route 34, 118 So we do think that we can handle 19 The senior community will be gated. ' 19 the crowd. When it comes to parking, if it was a 20 So it will not be open to the public. And I 120 big enough event, we figure we'd have to negotiate 21 believe the same with the Rob Roy Club. � 21 with the developer of the commercial to park in 22 So we have talked about some type of i 2 2 the commercial. 23 way that the city could possibly partially use the 123 UNIDENTIFIED AUDIENCE MEMBER 3,000 to 24 clubhouse and the features of the Rob Roy Creek or 1 124 5,000 people come to these events. We're not Page 43i Page 45 1 the Rob Roy Club, but it's very preliminary. We v 1 talking about massive crowds. 2 don't know how, for the lake and everything else, j 2 UNIDENTIFIED AUDIENCE MEMBER: I mean, 3 so we don't know if that means temporary hours or i 3 that's a fairly major event if you're pulling 3- 4 weekend dates or what it will be, but we're still i 4 to 5,000. 5 working on that. 5 UNIDENTIFIED AUDIENCE MEMBER 3,000 to 6 Well, the other thing is the upper 6 5,000. 7 north -- northeast comer you can see, plus or ! 7 UNIDENTIFIED AUDIENCE MEMBER That's 8 minus, eight acres in that corner there. Right j 8 high-end. 9 now we believe that's going to be used for or that 9 MR DANIELS: We'll figure out what can 10 will be used for public use. So we're still 110 and what won't work there, so - but, I don't 11 working on that, but I'm not sure what that will 11 know. I mean, there's definitely possibility for 12 be, but it will be public use. So -- 12 concessions and everything else. I mean, its too 13 UNIDENTIFIED AUDIENCE MEMBER: This 13 early to find out. 14 water? 114 MAYOR BURR: Does anybody else have a 15 MR. DANIELS: Yes. 15 question? 16 UNIDENTIFIED AUDIENCE MEMBER: You're 16 UNIDENTIFIED AUDIENCE MEMBER: It just 17 planning on having events there. What kind of 17 appears that there is a lot of concrete, asphalt 18 volume, traffic? 18 and rooftops there. And is that why we have all 19 MR. DANIELS: Well, actually, that's 19 these retention ponds is because there is no 20 something that my brother, he's been working on. 20 provisions there or that's the provisions for the 21 You may have noticed that I actually said an 21 runoff or -- I mean, it just seems like an awful 22 entry-level or something along those lines event, 22 dense usage. And is it like the parking lot is 23 not a full-blown circuit event or whatever they 23 going to have some of these permeable pavements 124 call them because its true, that would bring in a 24 you were talking about or -- 12 ( Pages 42 to 45 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 46i Page 48 1 MR. DANIELS: Well, actually, we've 1 exactly laid out, it's more than likely it will 2 looked at a couple different areas. Obviously ( 2 never be laid out exactly like that. Depending on 3 each -- depending on the end user for the ! 3 the user, they may want to tweak it to the right a 4 commercial, each certain big box or small box ' 4 little or to the left a little and that will s requires a certain number of parking. Obviously 5 actually change up the way the parking is a little 6 you're not looking at a 100 percent finished 6 bit. But essentially what we're trying to show 7 product here. We are not hoping to have a sea of i 7 here is that this is what the area will be. 8 asphalt out there. We're going to try our best to 8 This area, this 130 acres, will be 9 break it up. But, actually, if we could take down 9 commercial. And it is correct, we have a little 10 the one in the comer. That's great. 10 bit more stormwater than we need on the site. 11 UNIDENTIFIED AUDIENCE MEMBER: The great i 11 There's no doubt about that. But what we have 12 commercial site. 112 decided to do is instead of just making 10 13 MR, DANIELS: Yeah, right. Basically 13 different little detention areas, we've done our 14 it's a little tough to see, but we have worked 14 best to make it an amenity. And I think it's 15 very hard with the City and our neighbors to the 115 something that -- it will be clearly seen from the 16 east, the Kendall Marketplace, on negotiating and i16 Rob Roy Club and also, you know, the earlier 17 working this -- there is a street that is actually i 17 presentation. 18 going to connect. It's just a little bit north of 118 We do have plans with the Rob Roy 19 the -- actually, if you could move it out. 119 Creek to actually go through conservation of the 20 UNIDENTIFIED AUDIENCE MEMBER: I'll be 20 creek, clear out all of the brush underneath and 21 your pointer. 21 really neaten it up to make it an amenity along 22 MR DANIELS: There we go. That's it. 22 the -- I mean, for both the senior development and 23 And basically this road is going to do a couple 123 the Rob Roy Creek. 24 things. One, its definitely going to break up �2 4 The area that you see there in green Page 471 Page 49 1 the site. But more importantly -- the site is in 1 is the floodplain. So it's actually -- we got 2 the sea of parking which is what you're talking 2 very lucky. It's very tight. But it's -- it is 3 about. But more importantly, it is going to allow 3 something that were going to be able to 4 Kendall Marketplace users to enter the Rob Roy I 4 completely modify and really enhance. That 5 Falls commercial development, and, actually, that S will -- I think is really going to make it an 6 road continues all the way down across Rob Roy 6 amenity. 7 Creek and eventually will go into two different 7 UNIDENTIFIED AUDIENCE MEMBER: There's 8 properties. We've got -- there is another k 8 just a lot of runoff there, and, I don't know, is 9 property owner just to the west and then there is 9 there an amount of-- enough filtration there to 10 the Cobblestone north. 1 1. 0 filter that water where those will actually be 11 What that will allow people to do is 111 living lakes as opposed to a sewer pond? 12 to be able to move from development to development 1112 MR DANIELS: Well, actually, its funny 13 without having to go onto Route 34. So there is a 113 you would say that. Ijust got -- I just had a 14 lot of benefit there. We've worked really hard to 114 meeting with the Max McGraw Wildlife Foundation. 15 make sure that these land plans correlate as best 115 I don't know if any of you know who that 16 they can between — I mean, everything has got to 116 foundation is, but it is a -- it is a conservation 17 flow here, and that was one of our major -- one of 17 foundation that is one of the largest in the 18 the toughest things we've had to negotiate was 18 entire United States. They have unbelievable 19 just to get this to work through there. 19 facilities. And one of the things that we 20 I think it will help break it up, 12 0 discussed is two things. I brought to their 21 but when it comes to the amount of water on the 121 attention the Rob Roy Creek, about them possibly 22 site and the amount of asphalt, the parking spaces [ 22 helping fund and/or give us some insight as to how 23 are dictated by the end user. ! 23 to bring that back up to its 100 percent natural 24 Those boxes, the way that they're 24 state, and the second was for the detention 13 ( Pages 46 to 49 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 50 Page 52 1 because the detention is -- you don't just dig a I 1 I mean, this is a -- this is a 70,000 square foot 2 hole and fill the water in it because that's not 2 building, which is a relatively large building. 3 going to -- that's not going to be what we're 3 If you compare that to this block of green, its 4 looking to do. 4 just a massive use corridor supplemented with the 5 For instance, I said fishing. These 5 ponds as you look into here. It's quite nice. 6 guys -- this group has done many different quarry ( 6 Again, this is very, very preliminary. It's 7 pits, and what they've learned over the years -- 7 purely a concept. It needs to be refined as we go 8 now, they've been together for, oh, boy, 30, 40, 8 along. 9 50 years, whatever it is. There are ways that i e MR. DANIELS: I can add to that though, 10 When you dig that hole you'll actually create 110 that we have done extensive engineering on the ii ledges. And by creating those ledges, it actually ' 11 site, and I can basically say where you do see the 12 allows the fish to breed and have an environment 112 water on this drawing here, this concept plan, is 13 to really thrive in. And these are all tricks of 13 where the water will go. You know, it might be 14 the trades to not just dig a hole and fill it with 14 moved here or there, you know, 10, 20 feet, 15 water. There's a way to actually, you know, get 15 whatever it is, but essentially what you see is 16 that lake as populated as possible with fish, and 16 what you're going to get in terms of detention. 17 then we've obviously got the length and the depth 117 MAYOR BURR: Okay. 18 for the water-ski activities. So -- ( 18 UNIDENTIFIED AUDIENCE MEMBER: Drew, can 19 MR. PAGNOTTA: I'm Steve Pagnotta from 19 I add some real quick? 20 Bradford working on the retail component. We're 1 120 MR. DANIELS: Absolutely. 21 retail developers. And what I just wanted to 21 UNIDENTIFIED AUDIENCE MEMBER: In 22 identify was as it relates to this transition ' 22 regards to stormwater management that we're 23 today in the retail plan. I think Drew has 123 involved with, all the stormwater management meets 24 identified the residential component, but you'll 124 all the state requirements. Obviously, here we Page 51 Page 53 1 see here today, here is the Rob Roy Creek and the ( 1 are working with a moving target as this project 2 pathway system and the greenbelt that's going to 12 moves forward. We wanted to give the land planner 3 be preserved, and then adjacent to it is the 3 enough information so to give a little better 4 detention facility. 4 idea, not only to the City, but also to the 5 What we're trying to do on the 5 residents of what it would look like and how much 6 retail here is adjacent to the detention pond and 6 stormwater we would need to meet the City 7 the creek is do transitional uses, such as 7 requirement in Kendall County and other 8 restaurants near the detention with outdoor dining { 8 requirements that we would need to meet. So -- 9 and other things. What's pink here today or 9 MAYOR BURR: Okay. Does anybody have 10 lavender is really not pavement. It's a 10 questions? Judy, would you like to ask a 11 combination of buildings, parking, outdoor areas 11 question? 12 and seating and so on. And then as you go closer !12 MS. GILMORE: Judy Gilmore. I think I 13 to Beecher and the retail as its under 113 heard you say you were going to have two-story 14 construction today, it intensifies the uses in 114 houses in the senior citizen community. 15 terms of size and scale to complement what's 115 MR. DANIELS: There is a possibility, 16 happening here. 116 yes. 17 Same thing. We'll have features 117 MS. GILMORE: I'm just questioning that, 18 with greenery and paving and other types of you 118 why you would not put ranch homes for senior 19 know, user-friendly-type of transitional zones and 119 citizens. 20 then the larger buildings to the rear. So what's 2 0 MR- DANIELS: Well, actually, that's 21 in white today or pink doesn't mean it's hard 21 something that when I first talked about it, and 22 pavement. It's a combination of greenbelt, 122 Im like, I thought they were all ranches. But a 23 pavers, asphalt, buildings, and so forth. 23 lot of the developers we've been talking about -- 2 4 hi terms of the j2ereentage of een, 124 because what we're planning to do is -- I'm not 14 ( Pages 50 to 53 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 54I Page 56 1 going to lie. I don't think I'm going to build 1 MAYOR BURR: Okay. Do we have any other 2 this entire site. I think parts of it I'm going ( 2 questions? 3 to sell off to other developers, and one of them ( 3 MR. MILLER: One more question. 4 is the senior development section, you know, 4 MAYOR BURD: Oh, wait, Mr. Miller. 5 component. And a lot of the builders that I've 5 There are people waiting behind you. 6 been talking to, which are mostly in the Lake 6 MR. GRISWACK: Tom Griswack. You know, 7 County area, they have been building two-stories, j 7 I'm looking at it and I'm seeing a lot of red 8 and they are beautiful units, but they do have the 8 lights on 34. Projected traffic counts as far 9 masters on the first floor. 9 as -- 1 0 MAYOR BURD: Tom. 110 MR. DANIELS: Well, actually, we have 11 MR. GILMORE: Tom Gilmore. In the i 11 kind of beaten this to death with Kendall County 12 senior area, I assume that you're going to have 112 or -- I'm sorry -- with the Kendall Marketplace. 13 handicap accessible amenities built right into the 613 We have our traffic engineer with us today. This 14 units being that it's a retirement community; 114 is -- 15 correct? 115 MR. WOODWARD: Bill Woodward, KLOA, 16 MR. DANIELS: Well, actually, you know 16 traffic engineer. We have not yet conducted the 17 what, I would assume so, but I cannot talk -- I 117 traffic study, but we will be analyzing the 34 18 mean, this is -- I think what we're going for here 118 corridor, projecting traffic for the development. 19 today is the senior development type of use. I 119 We've already had communications with IDOT along 20 can't get into the actual details of the exact 1 2 0 this corridor. My firm, KLOA, also did the 21 architecture and the exact amenities because I 21 traffic study for Kendall Marketplace, and the 34 22 wouldn't be the final builder. That would be 122 expansion along Kendall Marketplace widening to a 23 something that they would come in, make sure -- 23 five-lane cross-section will be continued along 24 I'm sure that they would obviously meet all of 24 the front of this development. Page 55 ; Page 57 1 your requirements for ADA codes and whatnot. But ! 1 MR. GRISWACK: All right. If it's 2 I'm sure we'll go above and beyond because of the 2 widened to a five-lane, a majority of those five 3 type of development it is. j 3 lanes would be going to the north into your 4 MR. GILMORE: And would that be, you 4 property or -- 5 know, some nominal changes, like slightly larger 5 MR. WOODWARD: Well, actually -- 6 door sizes, some things like that? Would that be i 6 MR. GRISWACK -- or going to the south 7 something for you as a builder to -- 1 7 into Fox Hill? 8 MR. DANIELS: You know what, though, I ' 8 MR DANIELS: Well, this is something 9 think what that would come down to is -- the 9 that we have been -- in early meetings with 10 people that I turn this over to, obviously, this 110 Yorkville, we needed to be sure that everyone was 11 is something -- they've built their particular 11 on the same page because this is very important. 12 product many, many times over. They know what 12 And obviously everyone knows that there's a lot of 13 works and what doesn't and what people have been 13 other developments in the area that need to keep 14 looking for. 14 moving, Rush-Copley, Kendall Marketplace, and now 15 MR GILMORE: I'm assuming you're aiming 15 it's City Cobblestone to the west. 16 at a development like a Del Webb, for example. 16 The meetings that we've had with 17 MR, DANIELS: Right, exactly. 17 IDOT, we have been able to -- where you actually 18 MR. GILMORE: Who does along the lines 18 see the stop lights on this plan right here are -- 19 of what Pm talking about. 19 legally they're not set in stone, but I'm going to 20 MR. DANIELS: Exactly. This is a little 20 say that they're pretty much where they're going 21 bit too small of a project for Del Webb, but we 21 to be. The reason I say that is obviously Beecher 22 are talking to builders similar that do exactly i 2 2 Road is going to be to the left here some day. 23 what they do. 23 That's pretty much a given. The very next light 124 MR GILMORE: Thank you. 24 to the west, just to the west of the detention 15 ( Pages 54 to 57 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 581 Page 60 1 1 area down there, that lines up directly with the f 1 UNIDENTIFIED AUDIENCE MEMBER: Just this 2 Rush-Copley entrance. So some day that's going to 1 2 small subdivision. 3 be even more in use. The following one right { 3 MR GRISWACK: Due to the increased 4 there is lined up to the Sycamore. 4 traffic through the subdivision of Fox Hill, 5 MR. GRISWACK: Which is prewired now; j 5 through the townhouses -- 6 correct? 6 MR PAGNOTTA: Is there room today to 7 MR. DANIELS: Correct. And that's what 7 build a landscape berm? 8 we're moving on right now, I believe. The 8 MR GRISWACK: Pardon? 9 following one -- actually, one more over is linked 9 UNIDENTIFIED AUDIENCE MEMBER: There is 10 up to -- JO a landscape berm. 11 UNIDEN'TIF'IED AUDIENCE MEMBER: Diehl j 11 MR GRISWACK: There is a berm there. 12 Farm (phonetic). 112 MR. PAGNOTTA: We could probably add 13 MR. DANIELS: Diehl Farm. And the last 113 evergreens or increase the height of the berm. 14 one is actually an agreement that we have made 14 MR DANIELS: Right. Yeah. I think -- 15 with the Cobblestone property, and there is 115 well, that's something that I think we could sit 16 another property owner there, to make sure that 116 down with the City and we can negotiate and work 17 everyone's property is getting the highest and 117 out. 18 best use for that light. We've gone ahead and 118 I think that it's tough to see on 19 we've done the study. The distances are properly 119 this plan. It doesn't look like there's very much 20 laid out, and we think that the -- I mean, if 20 of a setback, but there certainly is a setback- 21 these are the lights, this is the best place for 21 It doesn't go straight up right to the edge of 34. 22 them. 12 2 So the buildings are set back. Like the pink does 23 Obviously, the traffic counts don't 123 look like all concrete from here to there. There 24 warrant it yet, but eventually the intersection 124 is a lot of landscaping and whatnot, but I Page 59 ! Page 61 1 that does connect the Kendall Marketplace and our ( 1 understand where you're coming from. 2 site, that will be -- it does have a proper ( 2 UNIDENTIFIED AUDIENCE MEMBER: It's just 3 distance for a light some day when more traffic 3 a huge amount of traffic. You're drawing in 1.1 4 does show up on Beecher. 4 billion square foot of retail. 5 MR. GRISWACK: The Fox Hill subdivision j 5 MR DANIELS: Right. 6 with the properties in close proximity to current 6 UNIDENTIFIED AUDIENCE MEMBER: The huge 7 existing 34, the increased traffic noise and stuff 7 amount of traffic increase, and you're talking a 8 like that, would there be a possibility of a sound 8 total of 1800 - or, well, 1.8 million between the 9 barrier wall, something to -- with the immense 9 two. 10 amount of traffic that's going to be generating 10 MR DANIELS: Right. I understand what 11 and the widening similar to what they did in ` 11 you're saying. 12 Oswego to the Boulder Hill entrance over there. 12 UNIDENTIFIED AUDIENCE MEMBER: From the 13 MR, DANIELS: Well, I think -- I don't 13 existing residents who live there, you know, the 14 have a -- this is the first I've heard of anything 14 rest of it east of us is going to Rush-Copley and 15 of a sound barrier wall on Route 34. I don't 15 the municipal center and stuff like that. We're 16 think that will be very favorable to the 16 about the only residential area being affected by 17 commercial, but I think you might be able to 17 that increase. And Pm sure you'll get sufficient 18 answer this better. 18 protection from sound barrier to your residents 19 UNIDENTIFIED AUDIENCE MEMBER: Well, 19 that you're going to be building behind there. 20 would that be positioned such that it would be 20 MR DANIELS: Yeah, and I think -- well, 21 behind the retail or in front of the retail? 21 exactly. We were able to do the proper buffering, 22 MR. DANIELS: No, no, no. 22 and I think when we have a more detailed plan, I 23 MR. GRISWACK: On the south side of 34, 23 think you'll see that the proper buffering will be 24 due to -- 124 there when it comes down to actual -- exactly 16 ( Pages 58 to 61 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 62 Page 64 1 where the buildings are going to go. 1 going to be a component down here for stormwater, 2 1 MR PAGNOTTA: But were happy to look ' 2 but it's going to continue to go in the path its 3 at the existing conditions across the street and ; 3 going underneath 34 through the Rush-Copley site 4 make some determination if that's required. We 4 to the south. The other flow will go into the 5 want to be good neighbors. We need to do some 5 stormwater basins and then discharge at a 6 investigation. We're not that familiar with it 6 controlled rate near the Rob Roy Creek. So the 7 today. 7 water is going to generally follow the same path 8 MAYOR BURR: Okay. Any other questions? 8 of where it's currently going right now. 9 Mr. Miller. 9 UNIDENTFIED AUDIENCE MEMBER: Getting 10 MR. MILLER: One more. Does it slope on + 1 o back to that natural filtering, will there be any 11 that? You said it was a relatively flat site 111 natural filtering before that water is actually 12 (inaudible). 12 discharged? 13 MR. DANIELS: Slope on the what? 113 UNIDENTIFIED AUDIENCE MEMBER: Well, the 14 MR. MILLER: Well -- 114 basin acts itself as an infiltration basin. There 15 MR. DANIELS: The site? 115 are going to be wet basins that obviously filters 16 MR, MILLER: Yeah, the site is 116 the sediment, settles out of the basin before they 17 relatively flat. 17 get to the creek. So there's an ability for a 18 MR. DANIELS: It's relatively flat, 18 natural sort of infiltration system as they exist. 19 yeah. 19 Plus, what will happen is generally 20 MR. MILLER: So which way does the slope 20 on these basins I think the intention is to create 21 go? 21 something more unique, natural planning. Borders 22 MR. DANIELS: Well, actually, you'll see 22 around the perimeters of the ponds, those also 23 right where it says Rob Roy Club, that's basically 123 prevent and can also provide some standards of 24 the high point that the railroad says that -- 124 best management practices. _ ......... —__._._, � Page 631, Page 65 1 that's the high point and it goes to the southeast j 1 So I think that's what the intent on 2 corner. 4 2 the service is right now, but as we work through 3 MR MILLER So it slopes down. 3 the details, they'll come around as we go through 4 MR. DANIELS: Correct, yes. 4 the approval process. 5 MR MILLER So, actually, the runoff ( 5 MAYOR BURD: Okay. Any other questions? 6 will go away from the creek then? 6 Okay. Can we go to -- does City 7 MR DANIELS: Correct. In fact, we are 7 Council have any questions? 8 not allowed to discharge any water into the creek. 8 ALDERMAN MUNNS: I have a couple. As 9 UNIDENTIFIED AUDIENCE MEMBER: Don't say 9 the alderman who probably lives the closest to 10 that, because we are. We are discharging into the 10 that, directly across the street, I'd like to know 11 creek from the stormwater basin. We are keeping 11 if you're going to address the fact that I don't 12 all this flood water or all our stuff just outside 12 want to look two times a day going in and out of 13 the flood zone. There is a component that we are 13 that subdivision looking at just a bunch of Fox 14 going to the southeast comer, but we're utilizing 14 Valley concrete. So anything you can do to make 15 the larger lake behind the commercial property for 15 the -- you know, it sounds like with all the 16 stormwater drainage. 16 amenities you're going to address that. 17 UNIDENTIFIED AUDIENCE MEMBER You may 117 We have done a traffic study for 18 want to highlight how the site might be graded. 18 that light at Sycamore. There is already over 19 UNIDENTIFIED AUDIENCE MEMBER Basically 19 20,000 cars a day going by there. That's without 20 the existing grading that's on the site right now, 20 Kendall Marketplace, without you guys. So I don't 21 generally there's a ridge line that generally goes 21 know if that's going to double that or what or how 22 through the middle of the site. Some of the 22 much that street can hold, but this gentleman's 23 component goes through the southeast corner. The 23 point is good as far as the residents who ve been 124 rest of the site goes towards the creek There is 124 there for 10 years with nothing there. Obviously, 17 ( Pages 62 to 65 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 663 Page 68 1 it's going to be something there some day, I'm not 1 five units an acre or less. That's the average 2 saying don't build anything, build something nice, z density allowed. And in the senior development, 3 and maybe there could be some kind of 3 it's 3.6 or less. I'm sure that we'll not end up 4 sound -- in addition to sight buffering, some kind 4 being all two-story buildings. It's a combination 5 of sound buffering for all the current residents i 5 of single, duplexes, three buildings shown as 6 that have been there for a long time. 1 6 mid-rise buildings. 7 MR. DANIELS: Okay. 7 I happen to live in Conway Farms in 8 ALDERMAN MUNNS: And then as far as the 8 the senior development. Our lower level is a 9 lights, now we can't -- we have no lights to get { 9 master bedroom. We have two bedrooms upstairs and 10 out. It sounds like we're going to have like five 110 baths that we don't even use. Last weekend we had 11 lights in there. III i company from Michigan. We used it. So I think 12 MR. DANIELS: Right. 112 some of the senior units will be two-story. The 13 ALDERMAN MUNNS: So I assume we'll be 113 living accommodations for the people who are there 14 able to have a choice of lights. 1 14 will be on the ground floor primarily. There will 15 MR. DANIELS: You are correct. I'm sure I15 be some -- probably some flats that will be 16 of that. 116 single-family only. 17 ALDERMAN MUNNS: Yeah. I mean, I go in 317 The end design of either the senior 18 and out of there twice a day. So coming in and 18 development or the club is quite a ways down the 19 out, I'd like to have something that you drive by i 19 road to design exactly what it's going to be, what 20 going, oh, that's pretty nice over there. 120 it will look like, what the final design will be. 21 MR. DANIELS: Sure. 21 But the calculated density is no more than five 22 ALDERMAN MUNNS: So I'm sure you guys I 122 units per acre. 23 will address that as well. 123 ALDERMAN LESLIE: I just noticed here 24 MR. DANIELS: We will. i24 I notice here in your handout you provided the Page 671 Page 69 1 ALDERMAN LESLIE: I'm not sure I can ( 1 City, the residential Rob Roy Club, plus or minus 2 envision the unique water features and all the 2 71 acres of R-4 zoning, has total units of 3 other stuff, but I can envision -- and I don't 1 3 298.416, ranging between 5.5 units an acre, R-4 4 know if I've seen it. I certainly haven't seen it j 4 max density of eight units. Is that just 5 much. With the R-4 max density of eight units per 5 referenced for the allowable -- 6 acre, I've got a real good vision of what that 6 MR. CAMPBELL: That's what your 7 could potentially be. 7 ordinance allows. 8 You're talking an area of 8 ALDERMAN LESLIE: -- the allowable 9 (inaudible) 71 acres and about 416 potential 9 reference? So your intent is 5 -- 5.5? 10 units. And the senior, which "two-story senior" 10 MR. CAMPBELL: We would be better off 11 seems like an oxymoron to me. And an estimated 11 not to put that on, what we intend to do. 12 310 at 72 acres, I don't think addresses the 12 I happen to have a picture of it if 13 (inaudible) of the City or the quality of life. 13 you kind of want to look at what a two-story 14 It seems like a whole lot of people stacked behind 14 duplex can be. 15 a great chunk of commercial on a little piece of 15 ALDERMAN LESLIE: Absolutely, yeah. 16 land relative to the residents. 16 MP, CAMPBELL: You can't use it because 17 So, in walking through it, I'd be 17 it belongs to the developer. 18 more than happy to listen, but -- 18 ALDERMAN LESLIE: So when you're saying 19 MR. CAMPBELL: We've got two components, 19 multistory, you're not talking about -- I'm 20 two residential components. Neither of those two 20 envisioning quads, two-story quads. 21 have been built before in this community. In 21 MR. CAMPBELL: No. 22 fact, the private club I don't think has been 22 ALDERMAN LESLIE: No? Okay. 23 built really anywhere as we're proposing. 23 MR. DANIELS: The picture does speak a 124 The density of the private club is 24 lot of words. It does help. 18 ( Pages 66 to 69 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 704 Page 72 1 ALDERMAN LESLIE: Thank you. 1 1 of concerts in their gazebo area. They try to 2 ALDERWOMAN SPEARS: I do have several 2 help promote in the sort of dead time of summer, 3 questions here. First of all, I'd like to -- I 3 as I'll call it as a retailer, to bring some 4 well, I'd just like to say that it says submitted 4 people to the retail site. And also to offer some 5 to Village and actually it should be City. I 5 educational and enjoyment to see what water-skiing 6 (Inaudible) 6 type of events (inaudible). 7 Secondly, when you were talking 7 ALDERMAN MUNNS: We're not going to hear 8 about the water events that you were going to 8 speed boats whizzing down there like seven days a 9 have, and I think that we heard that possibly 9 week pulling skiers? 10 3,000 to 5,000 people will be attending and you 110 UNIDENTIFIED AUDIENCE MEMBER: No. 11 would negotiate with commercial property for j 11 MR. DANIELS: One boat only. And at 12 parking? 112 first, there's no doubt about it, the main idea 13 MR. DANIELS: Yeah, if that's what it 113 for this is for the Rob Roy Club. So it will get 14 comes down to. j14 very limited use, and as we work out the kinks, as 15 ALDERWOMAN SPEARS: I think the only way i15 to what exactly the best hours are to run this, 16 that any commercial property would approve this 16 you know, what the timing is on this thing, then 17 and work with you is if it's after they're closed. 117 we can maybe open it up to the public and, you 18 MR. DANIELS: Right. ! 18 know, we'll go from there. There's no doubt that 19 ALDERWOMAN SPEARS: So are these events 19 we're not just going to start that off with major 20 going to be held at 10 o'clock at night? 120 events or something like that. That's not our 21 MR. DANIELS: No, no, no. I agree with 121 intention. 22 you there. I think that -- I know for a fact -- 122 ALDERWOMAN SPEARS: Okay. And I just 23 and I wish I brought it with me. My brother had 1 23 want to highlight because I have like probably 50 24 typed out -- there are different levels of these 124 questions in this whole thing. I'll just Page 71 � Page 73 1 events. When we first saw the numbers, I think ( 1 highlight my major concerns right now. 2 the numbers he had written down were (inaudible). 2 First of all, rather than an 3 And I said, whoa, whoa, whoa, where are we going 3 age-targeted, I would be in favor of 4 to get -- you know, we can't do that. So it 14 age-restricted. 5 wouldn't be a major event. It would be a 5 MR. DANIELS: Did I say targeted? I 6 preliminary or an entry-level event. Whatever it 6 think I meant restricted. Or -- I'm sorry. 7 is, we just need to make sure that it doesn't 7 ALDERWOMAN SPEARS: I mean, it's like a 8 exceed a certain amount of people. 8 toss-up. It could be, it may be, but -- 9 ALDERWOMAN SPEARS: So it would not be 9 MR. DANIELS: Well, actually, no. That 10 the 2- or 3 -- or 3,000 or 5,000 that you just 110 was something that we were discussing is the 11 quoted earlier? 11 people we've met with. 12 UNIDENTIFIED AUDIENCE MEMBER: That's 112 MR. CAMPBELL: What we were talking 13 the maximum at those type of events, I've been 13 about on builder developers, all of them in 14 told, around the country if it's a high-end. 114 building products that we're talking about, much 15 Generally speaking, were looking at this ski 415 prefer to have an age-targeted. The buildings 16 course to be an amenity for special events, sort 116 themselves are to be designed for people like me 17 of like -- and I'll be real blunt -- like Music 117 that's in this kind of a unit at the present time. 18 Under the Stars type of thing to where the 118 But it would be age-restricted. You limit some of 19 community can some to see skiers do some type of 419 the people that you might want to get in a higher 20 performance and open it up to the public. And 20 tax bracket that would want to come into it and 21 that -- normally you would see a hundred, maybe a 21 move into it now, move into that category. 22 thousand people. And they will be, you know, 122 ALDERWOMAN SPEARS: Well, to answer 23 probably in the afternoon on a Saturday or Sunday. 123 that, most builders that I have spoken with don't 124 Similar to Geneva Commons when they do these types i24 want to pay impact fees either. So I think if we 19 ( Pages 70 to 73 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 74 , Page 76 1 go ahead and do an age-restricted, this is what 1 1 course, and we would have everything in the 2 our community needs rather than age-targeted. I j 2 age-restricted category. You have your choice in 3 don't think we're looking for age-targeted, number 1 3 there of, when it was built, of either two-story 4 one. Number two, I don't think we need two-story j 4 or one-story. The bulls of the people in there, 5 homes for seniors. I mean, God bless you, you're ' 5 while it's not age-restricted, it's age-targeted, 6 probably in perfect health and that's really good, ! 6 chose to have two-story buildings and not 7 but I think the people that we are looking for to 7 one-story. They could have bought either. 8 be in an age-restricted area would be a ranch home 8 ALDERWOMAN SPEARS: That's contrary to 9 and would have the proper codes and everything and 9 what Del Webb proposes. Now, when was your 10 the proper equipment in there as far as even a lo development actually built? 11 no-step area. I think that this is what we need 111 MR. CAMPBELL: It's still being built 12 in a community like that. 12 now. 13 And I know that you're -- are you 13 ALDERWOMAN SPEARS: When did they start? 14 going to show me that that could change? Because i 14 MR CAMPBELL: Started about 10 years 15 I know that the senior housing, I believe I read, i15 ago. 16 would not even be in the planning stage for seven ' 16 ALDERMAN SPEARS: Ten years ago. And I 17 or eight years; is that correct? Is that the time ! 17 think that was the trend 10 years ago. 18 frame? 118 MR. CAMPBELL: We were the designer of 19 MR DANIELS: Well, no. You know what? 119 the project. It's called Conway Fames. 20 The earlier people that I had spoke to, which was i i20 ALDERWOMAN SPEARS: Right. And I 21 almost a year from now, at the time they were 121 wouldn't disagree. Ten years ago I believe that 22 thinking that we were still about six years out 122 was the trend, but I think times have changed 23 before the market would even get here. But that i23 right now, and I think putting a two-story, even 24 was for a particular type of age-restricted -- or i 2 4 proposing a two-story home for seniors is just -- Page 751 Page 77 1 that was for an assisted living development, which 1 I certainly wouldn't consider it. 2 actually had the full-blown -- well, what was it? 2 And then I have some other questions 3 The complex where it's a hundred percent assisted 3 here. rm. sorry. 4 living. 4 MR. CAMPBELL: This is the building that 5 We've taken that out of the mix now 5 I was talking about. 6 altogether. We don't have that building anymore. 6 MR. DANIELS: This is the two-story. 7 So this, I guess, would be a lot more -- a lot 7 MR- CAMPBELL: That happens to be a 8 closer in the future than six years. 8 duplex, two-story duplex. 9 MR. CAMPBELL: The assisted care 9 ALDERWOMAN SPEARS: But my feeling is 10 facility that we first started with was on the 110 people are paying for two stories, and as you said 11 first plan that we put with the City. We met with Ill numerous times, they're only using one. It's 12 three major builder developers, Fairview, 12 beneficial to a developer. It's beneficial to a 13 Erickson, and the building in Chicago, whatever 13 builder because you are using actually less land. 14 the name was. All three are major developers 14 But if you can provide them with a ranch home the 15 nationwide. And the area was not ready for it, 15 way that I think it should be -- 16 one. And, two, the site was not large enough for 16 MR- CAMPBELL: The intent is to have 17 the number of units that they needed. 417 ranch homes and two-story. It doesn't have to be. 18 ALDERMAN MUNNS: Erickson is Monarch; 118 They can take their choice. We had company in 19 right? Monarch Landing? 19 over the weekend, they used the upstairs. My 20 MR, CAMPBELL: Monarch is one of the 20 children visit me. They use the upstairs. We 21 Erickson developments. 21 don't. We're downstairs. The ultimate plan would 22 Let me add one thing. In the 22 be to have both. 23 project that I live in that's in Lake Forest, 123 MR. DANIELS: Right. 24 Conway Farms, it actually is an 18-hole golf 124 ALDERWOMAN SPEARS: Also in your 20 ( Pages 74 to 77 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 781 Page 80 1 document here, your PUD, and I know it is just 1 expect recapture fees, and it just seems so 2 conceptual, but I'd like to give you some opinions 12 open-ended or so -- 3 that I have. = 3 MR. DANIELS: I can definitely say that 4 MR. DANIELS: Sure. 4 we are -- Kendall Marketplace is -- there is 5 ALDERWOMAN SPEARS: You're talking about 5 nothing that's for free with Kendall Marketplace. 6 ordinances, codes and regulations, and you would 6 There is no doubt about that. They are very good 7 abide by the ones that are now in force and in 7 at what they do. They have negotiated many deals, 8 effect, and I think quite a few of them, and what 8 and we've worked very hard with them to work out 9 the City, l believe, is trying to do is as we pass { 9 that -- while it doesn't look like much, but that lo different codes and ordinances, because we have 110 3.2 acres has taken quite a long time to negotiate 11 some major ones that are coming forth now, that we �11 with, and they're getting other benefits from 12 do expect that to be written into the document, 12 that. But -- 13 that you will conform to the latest codes and 13 UNIDENTIFIED AUDIENCE MEMBER: In 14 ordinance that we have. 114 response to your concern, we understand that and 15 Also, I have a concern with the 115 we will take that -- and obviously the staff is 16 types of products that you're going to propose, 116 aware of that as well. In many respects when I 17 single-family, cluster housing, townhome houses, 117 draft an annexation agreement to start with, some 18 duplexes, and mid-rise buildings not to exceed 118 provisions like a recapture agreement that you 19 four stories. I think that your development (19 point out is a way to find out if there are 20 sounds like it could be very promising and very 120 recapture agreements. If we come in initially and 21 good. We just don't need that many people. We 21 say, we do not have to pay any recapture fees, the 22 don't need that many people to reside in 22 first thing out of your engineering department is 23 Yorkville. I mean, you're just putting in with 123 going to be, well, there is five that exist, there 24 your townhomes, your duplexes, and you're just 1 4 is two that exist, there is one that exists. _ Page 79 ,r�__...._ ---�....__.�._....._...-----._._ Page 81 1 adding a great amount of population to our city. 1 There is no way in this annexation agreement that 2 Also, if -- and I will discuss this 2 we can buy an annexation agreement or void what 3 with our staff. I have some questions regarding 3 already exists. We know that. But -- so some of 4 our City zoning ordinances and codes, and it seems 4 those provisions in this annexation are a way, 5 rather open-ended with the City kind of being on 5 when we sit down with staff, to get information so 6 the short end. 6 that we can adjust that. So we are aware of those 7 And then again, the City is having 7 provisions. 8 sole responsibility for quite a few things 8 ALDERWOMAN SPEARS: Okay. And then -- 9 throughout this agreement, off-site easements for 9 well, I'm not going to go through the entire lo water, and that might be typical in some. But 10 thing, but we're talking about signage and we're 11 then we go down to page 8 and we're talking about 11 talking about -- well, a lot of this I will share 12 connecting to Kendall Marketplace. 12 with our staff. But I just would like to assess 13 MR. DANIELS: Yes. 113 a -- we're requesting that in here; correct? 14 ALDERWOMAN SPEARS: And the City shall 14 Okay. 15 require the developer of Kendall Marketplace to 15 UNIDENTIFIED AUDIENCE MEMBER: 16 extend the water main, and you are asking quite a 116 Basically, it's a financial package that is 17 bit from Kendall Marketplace, and I don't know if 117 similar to Kendall Marketplace in terms of the 18 you've negotiated with them. But if we turn to 118 financial vehicles that we're seeking approval 19 page 27 -- okay -- you were then asking for 19 for. We need to do more work to determine the 20 recapture agreements if anybody, you know, hooks 20 amount of what that financial package is, but we 21 up. So it's kind of-- Kendall Marketplace is 21 do want to get in your conceptual approval for the 22 going to just go ahead and hook up and give you 22 use of the similar tools because that's what helps 23 all the benefits. But if anybody would like 23 in creating that. 24 something from your property, then you're going to 24 ALDERWOMAN SPEARS: So your SSA is just 21 ( Pages 78 to 81 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 821 Page 84 1 specifically addressing commercial? That's it? 1 with this development regarding the traffic signal 2 UNIDENTIFIED AUDIENCE MEMBER: Yes. 2 that we desperately need there. 3 ALDERWOMAN SPEARS: Okay. Thank you 3 MR. DANIELS: Right. 4 And -- I 4 ALDERWOMAN SPEARS: And I know you are 5 UNIDENTIFIED AUDIENCE MEMBER: I think 5 working with the City. Those are just my thoughts 6 the only thing I would say is, we may have a 1 6 at this time. 7 dormant or a backup SSA -- 1 7 MR. DANIELS: Thank you. Thanks. 8 ALDERWOMAN SPEARS: And that's fine. 8 MAYOR BURD: Alderman Golinski, did you 9 MR. CAMPBELL: -- so that the City could 1 9 have a question? 10 go in and do something in a residential area if 110 ALDERMAN GOLINSKI: Oh, not really. I 11 the association wants it, but that's not a 111 just had a comment, though. Mr. Daniels, I've 12 residential SSA to put in public improvements 112 seen this at the Plan Commission and I think it's 13 anything like that. 113 a great project. I do have a couple slight 14 ALDERWOMAN SPEARS: Okay. And then my 114 concerns about the viability of the residential 15 final comment would be, this really sounds like a 115 aspects of it, but I think it's commendable. 16 great development, and the water area and ' 16 You've worked closely with staff and I think some 17 everything is very promising; however, our Council 17 of the surrounding landowners. I mean, this is 18 was burned recently about another great 18 just a concept, more or less. I mean, I'd like to 19 development that came in, another great 119 see you continue that through the process. But 20 development that came in and suddenly came back to ! 20 overall anyone who's gotten their tax bill 21 us and said, rather than having this beautiful 21 recently knows that we need these types of 22 beach front and these beautiful homes surrounding ' 22 developments. So -- 2 3 it, we're going to change. We're going to make it 23 MR. DANIELS: Thank you. 24 a little tiny area and, you know, and 1 would just 24 MAYOR BURD: Okay. Any other comments? Page 831 Page 85 i 1 hate to see that happen here. i 1 Come on, guys. Well, and they need to -- no, I 2 Na. DANIELS: And I think one of the ? 2 know. Go ahead. Please do. 3 things we're trying to establish, and this is a 3 ALDERMAN WERDERICH: I want to talk 4 little later down the road, but in the annexation 4 about the parks for a second. And on page 19 it 5 agreement is, we will agree to particular 5 talks about school and park donations being 6 architectural design guidelines that we'll make 1 6 Exhibits 8, 9, but there wasn't anything included. 7 sure that we achieve and meet. And like I said, 7 What are your plans for that? 8 this is something that -- I mean, I'm young and I 8 UNIDENTIFIED AUDIENCE MEMBER: There is 9 want to put my name on this and I don't want 1 9 a number of exhibits that are not in the agreement 10 something that's going to look like what you just 110 yet that we -- 11 talked about. There's no doubt about that. 11 ALDERMAN WERDERICH: There aren't any. 12 UNIDENTIFIED AUDIENCE MEMBER: I don't 112 UNIDENTIFIED AUDIENCE MEMBER: Yes, 13 know which project you're tallcing about, but we 113 because we're at the concept stage. We don't have 14 are coming forward with a project with a known 14 enough detail. As we move forward with the 15 market. Some projects came to you earlier, the 15 preliminary, we will have more detail and we will 16 market was different than it is today and ! 16 know better to be able to fill in that type of 17 developers struggle and they're trying to make it 1 17 information. 18 still work. So that might happen, but we know 1! 18 MR DANIELS: And if I could add real 19 what we're dealing with marketwise now. f 19 quick, though. 20 ALDERWOMAN SPEARS: Actually, that was ' 20 ALDERMAN WERDERICH: Sure. 21 also, you know, a known thing at that time and 121 MR DANIELS: Something I did not 22 they did present it to us, and then it came to the 122 mention to everybody is, I would say that 90 23 point where the City needed to negotiate for other 123 percent of this entire site is in the Plano School 24 areas, and I just don't want to see this happen i 24 District. There is a small sliver on the 22 ( Pages 82 to 85 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 86 Page 88 1 northeast comer, it looks like a little 1 Im concerned about the lack of 2 triangle -- I don't know, it's a couple hundred 2 parks in this, and from what it sounds like from 3 feet, if that, that's in the actual Yorkville 3 what you've told me, as far as public access to 4 School District. We've met with both of the k 4 parks goes, there is just going to be a couple of 5 superintendents for Plano and Yorkville. 5 bike trails. 6 They're -- we've -- in fact, I think in your 6 MR. DANIELS: Uh-huh. 7 handouts, you have an impact study on the number 7 ALDERMAN WERDERICH: That's it. 8 of students, and we've gotten very favorable 8 Additionally, I think the density of both the 9 responses from both Yorkville and Plano. We're 9 senior community and the Rob Roy Club are way too 10 working with them, with their requests, and also 10 dense. They don't match with our current land use 11 obviously with the Park Board as to what we'll do ill plan that we have, which has a great deal of this 12 and whatnot. ' 12 development to be designated as suburban -- 13 MAYOR BURR: You know, it's -- 113 suburban neighborhood with a density of 1 .5 to 14 ALDERMAN PLOCHER: What's on the docket j 14 2.25 units per acre. 15 for -- 15 I do understand that there is some 16 MAYOR BURR: Excuse me. One thing I 16 trade-off with the commercial development coming 17 would like to point out, and this is probably 117 in along with these communities, but I don't want 18 because I'm a new mayor here and I haven't 18 the commercial development to be a tool to try and 19 controlled these kind of meetings before, but this 19 parlay excessive housing or a community that is 20 was really just a concept presentation. All of 20 going to be gated and shut out for the rest of 21 these items and annexation agreements should 21 Yorkville concerning parks or other uses for the 22 properly be undertaken starting at the EDC 22 land. 23 committee and moving forward. This was not the 23 MR. DANIELS: I see. Okay. I'll take 24 time for us to be doing that. And that's, I 24 that into Page 871 Page 89 1 think, why this meeting has progressed at such a ' 1 MAYOR BURR: Okay. Mr. Plocher had one. 2 slow pace here. 2 ALDERMAN PLOCHER: Well, he did a 3 So if you wouldn't mind keeping 3 wonderful job of explaining it. 4 those kinds of questions that deal with the 4 MAYOR BURR: You agree with what he 5 annexation agreement for the EDC meeting where 5 said? 6 it's supposed to be held, I would appreciate it, 6 ALDERMAN PLOCHER: Yes, ditto, for all 7 so that we could move along here. The hour is 7 that he stated. 8 getting late. 8 MAYOR BURR: And that was an appropriate 9 If you have something to say about 9 comment. 10 the concept generally, please feel free to ask a 10 ALDERWOMAN SPEARS: I just wanted to 11 question if you haven't had a chance to do so. 11 apologize because previously I thought that we 12 But as far as the specific annexation agreement, 12 were told when a concept plan comes to us to give 13 please hold that for the committee level. And 1 13 you our initial thoughts so you can go back to the 14 apologize for letting this drag on so long. I'll 14 drawing board and share it with our staff. So 1 15 get better at this as we go along. 15 do apologize, I guess, if I was at fault for 16 First, do you have -- 116 following what I thought was procedure. 17 ALDERMAN PLOCHER: No. I would just -- 117 MR. DANIELS: Well, actually, we're 18 MAYOR BURD: Do either one of you is taking everything you guys are all saying and 19 want -- do you want to continue with anything? 119 we're going to back to work on all this stuff 20 ALDERMAN WERDERICH: I think that for 120 because this is stuff-- well, this is just -- 21 the senior -- just to sum it up, if I can't ask my 21 you've all seen the global plan. That's what 22 questions that I'd like to about this, or I will, 22 we're working for tonight, but essentially we are 23 I guess, when it comes back at committee if I'm 23 working with what, you know, is eventually going 124 allowed to ask questions there. 24 to be there. So this is all -- this is all 23 ( Pages 86 to 89 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 901 Page 92 i 1 helping. f i STATE OF ILLINOIS ) 2 1 MAYOR BURD: But this will be moving out ) SS. 3 to the development committee -- 2 COUNTY OF K A N E ) 4 MR. DANIELS: Right. i 3 I, Teresa S. Grandchamp, a 5 MAYOR BURD: -- and that's where they 4 Certified Shorthand Reporter, do hereby certify 6 will be going through the annexation agreement 5 that I reported in shorthand the proceedings had 7 line by line and working out all the other -- so I i 6 at the hearing of the above-entitled cause and 8 appreciate you being here tonight, and thank you 1 7 that the foregoing Report of Proceedings is a 9 very much. 1 8 true, correct, and complete transcript of my 10 MR. DANIELS: Thank you all for having 9 shorthand notes so taken at the time and place 11 us. 110 aforesaid. 12 MAYOR BURD: We will need to move 11 I finther certify that I am neither 13 forward. It's getting late already. I hope in i12 counsel for nor related to counsel for any of the 14 keeping with the time, if you have any citizens' 113 parties, nor am I in any way interested in the 14 outcome thereof. 15 comments, would you please keep them short and 15 I further certify that my 16 sweet. I would like to move forward into our -- 116 certificate annexed hereto applies to the original 17 oh can I have a motion to close the public 1 17 transcript and copies thereof, signed and 18 hearing. 118 certified under my hand only. I assume no 19 ALDERMAN LESLIE: So moved. 19 responsibility for the accuracy of any reproduced 20 ALDERMAN GOLINSKI: Second. 120 copies not made under my control or direction. 21 MAYOR BURD: All in favor? 121 In testimony whereof, I have 22 (Body of ayes.) 122 hereunto set my hand this 21st day of August, 23 MAYOR BURR: All against? 12 3 24 Okay. Let's move to citizens' 24 Page 91 ; Page 93 1 comments, please. ! 1 A.D., 2007. 2 (WHEREUPON the public 2 3 hearing portion of the ! 3 4 proceedings was ('( 4 Teresa S. Grandchamp, CSR 5 concluded.) 15 CSR No. 084-002853 6 j 6 7 j 7 8 8 9 9 10 110 11 111 12 12 13 13 14 {14 15 115 16 116 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 24 ( Pages 90 to 93 ) Depo • Court Reporting Service ( 630 ) 983 - 0030 Page 1 of 9 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE DRAFT CITY COUNCIL CHAMBER August 14, 2007 7:56 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Gary Golinski Alderman Wally Werderich Alderman Marty Munns City Treasurer Bill Powell Alderman Arden Plocher City Clerk Jackie Milschewski CITY STAFF PRESENT: Interim City Administrator Olson Police Sergeant Hilt 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 City Engineer Wywrot GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the bill list: • Page 12, Law Offices of Daniel Kramer in the amount of $3,835.70 — she asked that this be removed from the bill list at this time until the matter can be discussed further. • Page 9, City Suburban Appraisals in the amount of $1 ,200.00 — she asked if this was paid out of the Land Cash Fund. Director Mogle explained that this was for the appraisal of the Grande Reserve Park B and was a requirement for a donation. The fee will come out of the Prairie Meadows Land Cash. • Page 9, Civil & Environmental — Brownfield Consult in the amount of $34,341 .77 — she asked if this would be reimbursed. Director Miller indicated that this would be reimbursed by a grant. The consult is for the downtown remediation work and is the engineer's analysis of the contamination. Alderman Besco questioned if the contamination was on private property and Director Miller indicated that is on three properties, the city's, the FS property and the Farm Bureau property. • Page 14, Engineering Enterprises, Inc. — for radium compliance in the amount of $284.00 - she asked if the city was radium compliant and Director Dhuse stated that the city is. • Page 18, First Place Rental in the amount of $1420.13 for paint and stakes — she questioned what the bill was for and Director Dhuse explained that this is for the purchase of JULIE supplies. Page 2 of 9 o Page 54, Yorkville Ace and Radio Shack in that amount of $149.99 for a camera — Director Dhuse explained that this was for the purchase of a camera needed for well documentation purposes. o Page 38, Kathleen Field Orr & Assoc. in the amount of $1 , 125.00 for the Countryside TIF. Director Mika explained that in the future these charges will be re-classified as a TIF account item and a separate line item will be needed Alderman Sutcliff questioned the following items on the bill list: o Page 23, Intersec Intersect, LLC in the amount of $23,355 .00 for the Fox Moraine Landfill Traffic Impacts and page 53, Wildman, Harrold, Allen in the amount of $96, 119.73 for the landfill — she asked if the petitioner will be responsible for these charges and Interim City Administrator Olson stated that the city pays the bills and then the petitioner reimburses the city. Alderman Munns asked what the rate was for the Wildman, Harrold and Allen bill. Attorney Roth stated that he had not seen the bill so he did not know the rate used. Mr. Olson explained that the bill gives a breakdown and shows that various rates were used. Alderman Mums asked what was the highest rate used and Mr. Olson started it was about $390.00/hour. Alderman Werderich questioned a bill on page 17, English & Sons Landscaping Inc. in the amount of $6,171 .20 for Sunflower Estates SSA expense. He asked how the SSA cost was determined and broken down. Director Dhuse explained that the invoices for services are added together at the end of the year and this determines the SSA amount for the coming year. There were no further comments or questions. The Bill List was moved on to the August 14, 2007 City Council agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. PC 2007-16 Yorkville Crossing Unit I (Wal-Mart) — Final Plat 2. ADM 200 7-57 Monthly Treasurer's Report for June 3. ADM 2007-63Revised FY 07108 Library Budget 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 Watermain — 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-I10IDOT Highway Permit and Resolution- Route 47 & Wheaton Avenue Intersection Improvements 17. PW 2007-113 Raging Waves — Sitework LOC Reduction #I 18. PW 2007-117 Signage on State Highways — Excessive Engine Braking 19. PW 2007-122 Whispering Meadows Unit I — Bond Reduction 20. PW 2007-123 Whispering Meadows Unit 2 — Bond Reduction Page 3 of 9 21. PW 2007-124 Whispering Meadows Unit 4 — Bond Reduction There were no comments or questions on the consent agenda items. These items were placed on the August 14, 2007 City Council Consent Agenda for approval. MAYOR COW 2007-13 State of City Report Due to the length of the agenda, Mayor Burd deferred this report until the Committee of the Whole meeting in two weeks. Metropolitan Mayors Caucus' Greenest Region Compact Mayor Burd asked the City Council to approve a resolution endorsing the Metropolitan Mayors Caucus' Greenest Region Compact which provides guidelines to meeting a green design. At the Caucus, Chicago's Mayor Daley indicated that he would like the area to be the "greenest" in the nation. He asked area communities to work together to reach this goal. Alderman Spears asked if there was any cost involved and Mayor Burd stated there was not; the resolution shows Yorkville's commitment to the program. Alderman Golinski suggested revisiting the resolution in several months to see if the city is achieving its goals. Mayor Burd indicated that the vision statement for the city should be done in September and a goal setting session will be held to revisit the vision and goals of the city. She explained that it is the goal of the city to make the bronze level of the compact and that she will have more information about this at the next COW meeting. This item was placed on the August 14, 2007 City Council regular agenda for approval. ECONOMIC DEVELOPMENT COMMITTEE EDC 2007-32 Westhaven Rezoning Ordinance Alderman Golinski reported that this was reviewed by the Economic Development Committee and it was the unanimous consent of the committee to approve the rezoning. Alderman Spears asked the reason behind the rezoning and Director Miller explained that Lakewood Falls has asked for an amendment to the PUD which has been approved and recorded. He further explained that part of the agreement indicated that if a developer did not acquire the property, the owner could request rezoning of the commercial area. There is no developer interested in the property at this time. Alderman Spears asked if the property could be vacant forever and Director Miller stated that it could. This item was placed on the August 14, 2007 City Council regular agenda for approval. COW 2007-15 Yorkville Crossing Unit 1 — Time Extension for Recording Request Alderman Golinski reported that this was reviewed by the Economic Development Committee and it was the unanimous consent of the committee to approve the request. Alderman Spears asked why December 31 , 2007 was the date used for the extension. Director Miller explained that the petitioner will be having the Mylar prepared however it should not take Page 4 of 9 four months for this. The petitioner asked for additional time just in case this takes longer than anticipated. He indicated that the PUD is still under negotiation and should before the City Council in September. PARK BOARD Director Mogle introduced the two interns, Ryan McReynolds and Shay Rosborough, who have been working in the Park & Recreation Department over the summer. He stated that they have been getting an understanding of what municipal government is all about. PUBLIC WORKS COMMITTEE PW 2007-105 In-Town Road Program — Heustis Street Trees Alderman Besco reported that the committee reviewed the proposal to plant sixteen parkway trees on Heustis Street between Van Emmon and Fox. The cost for these trees was $8,610.00. The committee discussed the five trees along Game Farm Road (in front of the Library) that need to be removed for the reconstruction of that street. It was determined to be financially prudent to transplant the trees to Heustis Street. He indicated that after the sidewalks are installed there will be areas where the parkway may not be large enough for trees. This allows for time to see if additional trees will be needed. The transplantation will be done in-house this fall to further save funds. The committee agreed to this suggestion rather than the proposal. Mayor Burd and Alderman Spears complimented on the committee for a job well done. PW 2007-107In-Town Road Program — Sanitary Manhole Replacement — Change Order #2 Alderman Besco reported that the existing manhole on Orange Street needs to be replaced because it is leaking. The lowest quote for the replacement is $15,500.00 from R.A. Ubert. Funds are available in the In-Town Road Program. The committee recommends that this move forward to the City Council for approval. This item was placed on the August 14, 2007 City Council regular agenda for approval. PW 2007-125 In-Town Road Program Phase 2 — Discussion of Resident Concerns Alderman Plocher reported that he called a meeting for Ward II residents to discuss their concerns with the road repairs. Residents were split on whether the program should move forward or not. The engineers have met individually with residents for discuss their specific concerns and to resolve any issues and it is his recommendation that the project move forward as the issues have now been addressed. Mayor Burd suggested that the Council discuss the level of quality they would like for the streets so it can be applied to future projects. Andy Mrowicki with Smith Engineering displayed "before and after" photographs showing how the street conditions have been improved so far. He indicated that they understand the concerns of the residents. In an effort to address the individual concerns, the engineers have met with the residents affected and walked the area to try to address any other potential concerns. He indicated that they prepared exhibits (see attached letter dated August 14, 2007) addressing the major concern at Heustis and Fox (the Baker property). The probable cost to satisfy the esthetic concern that Mr. Baker has is approximately $450,000.00. They also took the original contour grades obtained during the design phase along with more shots of the yard to get more drainage information for the Baker property and found that the property eventually drains so there should not be standing water on the property. Page 5 of 9 Interim City Administrator Olson stated that since the ward meeting, Smith Engineering has met with residents and staff. The aldermen were sent a list of citizen concerns stemming form the meeting. Even though they attempted to tackle the concerns there are still a few citizens not satisfied with the esthetic appeal of the curb and drainage. He stated that he has had lengthy discussion with Smith Engineers regarding drainage and he is not convinced there will be a major drainage concern in the area. There maybe minor issues that may appear after the project is finished and these will be addressed accordingly. He indicated that a major concern is the curb height in the area of Heustis and Fox. It was explained to the residents in this area that they won't flood and the alternative road repairs and cost were presented to them. Mr. Olson also discussed the three original policy options presented to the City Council for the repair of the street; resurfacing, recycling (the option chosen) and complete reconstruction (most expensive). The handout from Smith Engineering goes over the cost for the complete reconstruction. Alderman Besco thanked Smith Engineering for tolerating the confusion of the project. He clarified that grade on Heustis Street has a lot to do with the grade on Fox Street. Mr. Mrowicki indicated that this was correct. Alderman Besco stated that he has been up and down Heustis Street and has spoken with the Baker's. He stated that out of the properties affected by the project, Baker's has the most challenges however the issues have been addressed by the engineers and the project should move forward. The longer the city takes, the more it will cost to resurface the road. Alderman Besco stated that in the future if a problem like this arises, there should be closer communication between the City Council, staff and contractors. Mayor Burd noted that residents have voiced a concern about standing or frozen water in the winter. She suggested that another ward meeting be held in the winter to revisit the project to see if there are still any concerns. Alderman Besco asked staff to stay in touch with the residents and to check the street after rain or snow. PW 2007-I08In-Town Road Program Phase 3 — Discussion Alderman Besco stated that the Public Works Committee discussed the future of the In-Town Road Program and they agreed that the program should continue. They discussed funding, lists from the aldermen of streets needing repair, etc. He stated that the biggest Conner was the funding for the project. He asked for suggestions from the City Council. Alderman Spears asked that Palmer Court be addressed. She noted that it was previously on the program's list however it was removed and the $70,000.00 allotted for the street went to Gawne Lane. She wanted to know how this will be corrected; was Palmer Court on the bottom of the list? Director Dhuse explained that Palmer Court was bumped off the list because funds from the Ocean-Atlantic project were not received. The Gawne Lane improvemetns were part of the agreement when the property for the Bmell Street pump station was purchased. She requested that Palmer Court be placed on the top of the list when funds are identified. She also asked that when an updated list is prepared it be given to the City Council along with a map of the streets. Alderman Besco indicated that the program will be on the next few Public Works Committee meeting agendas for discussion. The committee wants to actively work with the finance department to identify funds. Street suggestions should be submitted to Mr. Olson. Director Dhuse asked that the Council submit their lists by the next Public Works Committee meeting so streets can be identified and funding discussed, etc. so that the project can be kept on a good time frame. Alderman Werderich commented that since the bridge accident in Minnesota, there may be more State funding freed up for road projects. Mr. Olson explained that before the state budget was Page 6 of 9 approved, the Governor was pushing for the capital or operating budget to be approved. This did not happen and it is not anticipated to happen. The infrastructure funds that would have been freed up would have gone to bridges first. If the capital budget would have been approved, Yorkville would have had $5 million for Route 47. PW 2007-112 Kendall Marketplace — Earthwork LOC Reduction #1 Alderman Besco asked City Engineer Wywrot to explain this to the Council. Mr. Wywrot explained that the developer has requested that the existing letter of credit (LOC) for earthwork be released. He indicted that the work is substantially finished however the original LOC was suppose to be in the amount of $3,268,504.25. The city agreed to accept a LOC in the amount of $250,000.00 with the understanding that a LOC for the balance would follow when the developer closed on the property. This supplemental letter was never received. Because of this, Mr. Wywrot recommended not to reduce the LOC. It was the consensus of the committee to follow Mr. Wywrot's recommendation. There was some discussion regarding asking the developer for the supplemental LOC however a majority of the aldermen present felt it was not necessary to proceed with this. PW 2007-114 Fox Hill Subdivision — Entrance Island Landscaping/Sycamore & Diehl Farm Alderman Besco reported that the Ward IH aldermen have requested landscaping for the Fox Hill Subdivision entrances. Staff has proposed a plan with an estimate of $2,323.00 for landscaping. The work will be done in-house in order to save money. Due to the narrow size of the islands, it was felt that durable plants would do better than trees or shrubs. There was discussion regarding the types of plants to be used and the recycling of plants from other locations in the city. The landscaping will begin this fall and be completed in the spring. PW 2007-116 Proposed Professional Engineering Agreements for Well and Water Tower Rehabilitation Alderman Besco reported that the agreements were discussed by the Public Works Committee and the members all agreed to move forward with them. Director Dhuse explained that the agreements will cover the rehab of Well #4 and the water tower on Tower Lane. This was initially discussed several years ago however the well couldn't be taken out of service at that time but now it can. There were no comments or questions. This item was placed on the August 14, 2007 City Council regular agenda for approval. PW2007-119 Sale of PW Equipment and Vehicles Director Dhuse reported that there a list of vehicles and equipment that he is asking permission to sell through a sealed bid process. He explained that the vehicles are scheduled to be replaced and that he has had good luck in the past with the bidding. Alderman Besco indicated that the Public Works Committee would like to see this move forward. It was also suggested that the items could be sold on EBay. There was some discussion regarding the low mileage on some of the trucks and the wear and tear placed upon them by snow plowing. Director Dhuse indicated that new replacement vehicles have already been ordered and that the City Council can refuse to accept any bid. This item was placed on the August 14, 2007 City Council regular agenda for approval. P 2007-111 Kendall Marketplace — IDOT Highway Permit — FYI City Engineer Wywrot explained that the permit allows for the reconstruction for Route 34 along the Kendall Marketplace property. The plan that IDOT approved does not include signals with Page 7 of 9 pedestrian access as required by the trail system. The developer is aware of this and agreed to submit revised plans to IDOT. Mr. Wywrot stated that he met with the developer and their traffic consultant and this will done this week. It was the recommendation of the Public Works Committee to approve this. PUBLIC SAFETY COMMITTEE 1. PS 200716 Request to Amend Liquor License Ordinance Regarding Patio Licenses Alderman Spears reported that the Public Safety Committee discussed the amount of patio licenses the city should issue. Assistant City Administrator Olson added that along with the number of licenses, the height of fencing around patio areas was discussed. He stated that he was operating under the assumption that unlimited patio licenses would be the norm however he has done further research. The City Attorney has recommended that the amount of patio licenses be kept at the amount currently approved. This allows the City Council to review each application and amend the code accordingly as the requests come in to the city. He noted that the Council members received two copies of the resolution; one in line with what the Public Safety Committee discussed and the other has more information than discussed but still meets the intent of the committee. The second one has not been reviewed by the Public Safety Committee. Attorney Roth added that it has not been his experience for a municipality to have an unlimited number of liquor licenses. He stated that a tool to control liquor in a community is to have a limited amount of licenses. Alderman Besco brought up for discussion the fence around Taylor Street Pizza's patio. He felt it was out of place and in a potentially dangerous location. He felt that the ordinance should set a standard by addressing size requirements, setbacks, etc. Mr. Olson stated that an additional section has been added to the ordinance requiring that an outdoor permit application include a detailed site plan. He also noted that any patio area is reviewed by the Building Department. Attorney Roth stated that the first draft of the ordinance basically addresses the fence height standard however the second one is more detailed and addresses other standards. There was a lengthy discussion regarding patio requirements. Some Council members felt that requiring the fencing around the patio to be 4' was too stringent and/or esthetically pleasing. After the discussion, it was the consensus that the height be 3 ' however this recommendation should be reviewed by the Building Department. Mayor Burd stated that currently the liquor commissioner (mayor) has the discretion to approve licenses. The current license without any changes works; fence height could be left to the commissioner's discretion. She noted that the City Council only sets the policy while the liquor commissioner determines the compliance to the policy. After some discussion, it was decided to have the Building Department review the Council's recommendation and then bring this back to the Public Safety Committee. ADMINISTRATION COMMITTEE ADM 2007-58 Draft Agreement for Aux Sable Creek Watershed Alderman Munns reported that this item was unanimously approved by the Economic Development Committee. The cost is $3,500.00 per year for two years and several communities have already joined the program. Page 8 of 9 There were no comments or questions. This item was placed on the August 14, 2007 City Council consent agenda for approval. 2. ADM 2007-26 Comp Time Discussion Alderman Munns reported that the Economic Development Committee unanimously supported the reduction of the comp time cap from 240 hours to 120 hours. Interim City Administrator Olson added that he had not heard any concerns from the staff since Tuesday, August 7, 2007 however he had not had a chance to have a follow-up meeting with staff. Alderman Golinski stated that based on research, the new policy is very gracious when compared to other communities. There were no comments or questions. This item was placed on the August 14, 2007 City Council regular agenda for approval. 3. ADM 2007-60 Administrative Intern Job Description Update Alderman Munns reported that this was approved by the Economic Development Committee in a 3-1 vote. Mr. Olson noted that this was an "FYI" item because he still needed the labor attorney's response. This item will come back to the City Council at a latter date. ADDITIONAL BUSINESS Signage for Excessive Braking Alderman Spears questioned time #18 under the items recommended for the consent agenda. She thought there already was an ordinance addressing this. Director Dhuse explained that there is an ordinance addressing excessive braking however this is required to change the verbiage on the signs. Mechanical Amusement Licenses Alderman Spears noted that Alderman Leslie asked her to bring this to the Council in his absence. She stated that the new sports bar, Legends, does not have their Mechanical Amusement License so they are unable to operate their pool tables, juke box, etc. She wanted to know why they don't have their license. Mr. Olson explained that the process for approving the Mechanical Amusement Licenses is outlined in the city code. The code requires a "sigh-off' by the city's Building Department and department s in Kendall County that control over food. The city must have the county' s "sigh-off' before this matter come before the Council. This information was obtained too late to have this placed on the agenda tonight. He recommended that the matter come before a committee. John Pappas, owner of Legends, explained that he returned his licensing information to Deputy Clerk Lisa Pickering. He never heard back from anyone but the police came in to his establishment and advised him to shut down his mechanical amusement devices. He requested that the City Council allow him to continue his operation until the license is approved. Mayor Burd noted that under the Additional Business portion of a meeting, a request can be made to add something to a future agenda however there should not be any discussion. She noted that this would have to be placed on an agenda 48 hours prior to the meeting. Attorney Roth confirmed and explained that this cannot be raised as a matter of new business because it was not on the agenda. Page 9 of 9 There was some discussion as to why the police checked the establishment. After a brief discussion, it was decided to schedule a Special City Council meeting on Friday, August 17, 2007 at 5 :30 p.m. Attorney Roth gave notice of the Special City Council meeting. Committee Liaisons Mayor Burd encouraged the committees to name their liaisons. There was no further additional business. The meeting was adjourned at 9:45 P.M. Minutes submitted by Jackie Milschewski, City Clerk Page 1 of 8 r 1 UNITED CITY OF YORKVILLE WARD 2 MEETING Monday, August 6, 2007, 6:00pm Parks and Recreation Building 201 W. Hydraulic In Attendance: Mayor Valerie Burd Alderman Jason Leslie Alderwoman Rose Spears Alderman Gary Golinski Alderman Joe Plocher Alderman Joe Besco Other City Officials in Attendance: Interim City Administrator Bart Olson Public Works Director Eric Dhuse City Engineer Joe Wywrot Guests: Heather Gillers, Beacon News Tony Scott, Kendall County Record Jim Hoving, Smith Engineering Mark Landers, Smith Engineering Carolyn Penick Charlotte Morris Loren Penick Don Morris Jeff Penick Ron Grindle Mike Shay Michael Brabo Joyce Wickens Marguerite Wickens Sean Horan Pete Schay, GCP Sales Tom Sega Holly Baker Roxann Sega Jeff Baker Ted Milschewski Gregg Molina Rose Hallin Dan Nicholson Al Hallin Greg Huber Nick Cordell R. Winninger Jo Pierce Larry Bretthauer Don Pierce Teresa Gauer Sharon Baughman Jim Spencer Darren Baughman Hazel Spencer Melanee Yepsen Thomas Willson Peg Yepsen Christine Willson Lloyd Yepsen Carolyn Butts Alyce Fey Dale Butts Robert Fey Dave Greiter Robert James Page 2 of 8 The meeting was called to order at 6:OOpm by Alderman Joe Plocher. Mr. Plocher introduced the City officials present. He said he had called this meeting due to the large number of phone calls and complaints he had received regarding curb height and water run-off at the Heustis Street road project. He said he had delivered letters to residents of this area about the meeting and after hearing further complaints, the street project was halted. Joe Wywrot, City Engineer gave an overview of the street reconstruction. He said the In- Town Road Program began in 2003 to address street issues in the older parts of town. The project began with some preliminary engineering to evaluate the streets and several streets were identified as being in need of repair. It was the intent to have these streets retain their original character and that included being narrower than newer streets. Phase I of the project was completed in 2005 and Phase II was begun in 2007. The concept of the project was to bring these streets up to standard. Cost evaluation was done for these projects and it was decided to use "in-place recycling" whereby the existing road is pulverized and used in the new road. The cost of this method is less than to completely replace the road, however, it limits the design. Alderman Plocher then opened the floor for questions. Greg Molina Mr. Molina lives at the corner of Mill & Van Emmon and is President of the Mill Street Townhouse Association. He said he had told a Smith Engineer that there was no drainage at the southeast corner of Mill and Van Emmon. He said Heustis is the worst for grade elevations and the curbs are very high. He said he would take action if the issues are not resolved when the project is finished. Mark Landers of Smith Engineering said there was an old outfall to trap the water at the corner Mr. Molina discussed. Mr. Wywrot added that the elevation of Heustis must meet that of Fox Street at the intersection. Rick Winninger He showed photos of the corner of Orange and Rt. 47. At the recent downpour, he said he had a stream running through his warehouse. He had not had a problem prior to that time. He said that originally the slope was away from the building, but since it was regraded, it now slopes toward the building. After getting a phone call during this forum, he said water was again flowing through his building due to the rainstorm at the time of the meeting. Page 3 of 8 Theresa Gauer She said there has always been problems at the above-mentioned intersection that need to be addressed and specifically mentioned an empty lot just east of that building. Sean Horan, 107 E. Orange He said the street has been raised 10- 12" and his garage is now 22" below the street level. He added that the "beehives"/lids for the sanitary sewers were ripped off when the road was graded. Mark Landers replied that the manholes were mistakenly removed. Mr. Horan said his yard is white from the runoff caused by the rain. Landers said part of that problem has now been corrected. Mr. Horan said water is running down from the school and he never had that problem before. Workers tried to get his area to final grade, but the project was shut down. He also asked why trees were not trimmed prior to the roadwork, however, Joe Wywrot said that was not part of the current project. Garbage trucks have ripped limbs off his trees while driving near his home. Later in the meeting he noted that the approach to the gas station was torn out and now leaves a 6-8" dropoff with no barricades. A car was recently high-centered on the pavement and needed assistance to proceed. Lloyd Yepsen, Mill St. Resident He feels someone had to have made a mistake on the curb and gutters and wondered if the engineers or City would admit to that. He said the road is now 6" too high and asked why it had not been lowered. Mr. Wywrot answered that the height is needed for the strength of the road. Later in the meeting, Mr. Yepsen's driveway was briefly discussed. Bart Olson said the project was being done to the specifications of Smith Engineering and was not lowered due to the cost. Mayor Burd stated that she lives at the end of Mill Street and was also surprised when she saw the height of the curb. She added that she did not know if Aldermen knew the curb would be that high as the result of their decision. She did not know why the culverts were not left instead of putting in the curb. According to Mr. Wywrot, the curb was put in place for drainage and because of the steep slope in the area, the water travels very fast. Eventually dirt would be eroded. Mayor Burd said a Swale should have been put in like the one at the other end of town. She expressed her concern about water flowing down the sidewalk and freezing in the winter. Mr. Wywrot said that a prior State Street project included drains at various intervals. Eventually the road washed out and the V-gutters were installed which have worked well. Jason Leslie, Ward 1 Alderman Mr. Leslie said he and an engineer friend, observed the area and the engineer said the V- gutter was an excellent solution. However, due to the road height it will not drain properly. Mr. Leslie has concerns. Page 4 of 8 Ted Milschewski He said everyone is saying the road grade is wrong. He asked if there was any other qualified engineering firm in town to verify that it is wrong. School starts in a month and there is no sidewalk on Heustis for the kids to walk on and they will have to walk in the gravel. He added that cars speed up and down the street and the project needs to be finished. Michael Shay, Resident of Morgan and Hydraulic Mr. Shay wants the road project to proceed due to the amount of dust. Pete Schas He said to move forward with the project because the dust is very bad. Dave Greiter Though he is not a resident, he has a business on Hydraulic and never had a problem with stormwater prior to the street project. He said a storm sewer and some asphalt that was in front of his business was torn out. He has concerns about liability issues due to unloading materials with a forklift and people walking in the area. He asked when the project would be finished. Doug Kinsella, 506 Heustis He said that part of his property is now 13" higher and he has concerns for his basement flooding. The curbs look great, but if 13" of water flows back to his 80-year old basement, there could be major damage. He is also worried about curb appeal. Joanne Pierce, 504 Heustis She said this project has been in progress since before school let out in May and now school will be starting in a couple weeks. Dust is a major concern also. Christine Willson, corner of Fox & Mill Ms. Willson asked what the City would do about the "speedway". She has fear that a child will be injured or killed. There is no speed limit posted and she believes drivers are traveling at 40-50 mph and also fishtailing. She said she has made calls to the Police Department and nothing has happened. Specifically she said that a red truck was a chronic offender. She is also disgusted with the dust and is unable to breathe. She later suggested that the City should hold another meeting to share further information with the residents. Theresa Gauer She had asked the Police Department for more patrol due to speeders and was disappointed that she has not seen extra patrol. School starts in a couple weeks and drivers also go through stop signs at Heustis and Orange. Last week she heard someone yell for a driver to slow down on a nearby street. Page 5 of 8 Ron Grindle, corner of Washington & Mill He asked if driveways will be fixed when they are working on the roads. Mr Wywrot said the driveways will be replaced with like material. Dan Nicholson He owns the sawmill in the downtown area and said he doesn't want to hung to finish the project and have further problems. He wants the job done right. He said he understood the storm sewers were sized to handle the water and wondered if the surrounding topography had been considered. He said the type of curb they are installing is not used in newer areas. He felt this project was getting done "on the cheap". He cited the FS parking lot and said it used to be level. Now the curb is 8-9" above that parking lot and water is also flowing to his building from that area. Mr. Nicholson concurred with a later suggestion that the City should hold another meeting regarding this project. He said he understands there is a budget, but the job should be done adequately. He was glad the Mayor had stopped the project. Jeff Baker, 507 Heustis Mr. Baker thanked the City for holding the meeting. He said his curb is a little more than 15" higher than his ground. He has a 100-year old home with a block foundation and has concerns for water. He does not understand why there are stone sewers on a hill because water will not flow into them being at the highest point. In a later discussion, Mr. Baker asked how much the City paid to have 16" of gravel brought in to raise the street. He wondered how it would be graded to avoid a downward slope into this yard and possible related drainage problems. There is no drain tile around his home. Tom Sega, 505 Heustis The curb is 9.5" higher than it used to be and the stone sewer is 5" higher than the sidewalk. His concern is for snow melt and there is no place for the water to go. He said the engineers stated the road is designed to drain water, but does that give the City the right to block drainage? Marguerite Wickens, 109 E. Orange She has lived there for 60 years. One of her concerns was that the driveways were to be accessible, however, there are ditches that have been worsened by heavy rains. In addition, she is having problems with her basement and fears a cave-in. She also thinks a car problem was incurred from the driveway problems. Ms. Wickens is also concerned about problems related to school starting soon. There are many heavy trucks that cause dust so thick it is difficult to see across the street. Dale Butts, 410 W. Madison He asked what the original target finish date was and when the road will be done. Mr. Wywrot replied that the plan was to get the east side done first and the entire project done by the end of October. Part of the problem is coordination of utilities even though they are notified well in advance. Mr. Butts said there are still sawed off poles in the area. Page 6of8 Don Morris, Rivers Edge Mr. Morris asked if Fox Road will be resurfaced in the near future. Joe Wywrot said the plans originally included that project, however, it will not be done this year Michael Brabo, northwest comer of Madison & Morgan He is concerned about the liability issues especially at Madison and Morgan Streets. If the drainage is not taken care of before winter, kids could slip on the ice. He wondered if the sidewalk could be raised. The City Engineer said the area will be checked. Mr. Brabo said there is no sidewalk at Madison and Van Emmon and on West Van Emmon there is a 3 .5 ' cliff with no barrier. His concern is for children possibly falling off into the path of a vehicle. A sidewalk is scheduled for this area according to Mr. Wywrot. Brabo asked how difficult it would be to lower the storm sewers and road. Mr. Wywrot said individual storm sewers would have to be addressed. Acting Administrator Olson also said that in the Oswego project, change orders were later issued to fix any remaining problems. Joanne Pierce Ms. Pierce asked what the time frame is for this project completion and `what happens from here'. Alderman Gary Golinski asked to hear from Smith Engineering to answer these questions and to make sure the problem areas can be handled. Jim Hoviny, Chief Operating Officer of Smith Engineering Mr. Hoving said Smith Engineering has done many projects such as this one. The intent of the project was to be a simple resurfacing, but that was expanded to include drainage repairs and possibly a complete reconstruction. Due to budgetary concerns, this was not undertaken. Even with a complete reconstruction, there would have been similar problems because this is in an existing area. A project was done in Oswego with similar results because it is a retrofit. The grade on Heustis Street heightens the problems, but when the curbs are backfilled, the appearance will be much better. He is confident that the street will drain properly and he will meet residents on an individual basis to address their situations. Mr. Hoving said he stands by the plans. Alderwoman Rose Spears She asked if Smith Engineering would submit a report to the City regarding the meetings with individual residents. Mr. Hoving said his company will comply. Mayor Valerie Burd Mayor Burd said it was her decision to stop the work before the paving was done to give the residents an opportunity to speak. If the City Council thinks the project should not go forward, a special meeting will be held to determine the best way to handle. The biggest concern at that time was the drainage. She added that several civil engineers in the community were also concerned. The construction company is scheduled to be back in two weeks to pave the road. (Engineer Mark Landers later cautioned that the 2-week Page 7 of 8 period is only a time frame given by the contractor.) As an Alderman, she never heard that there would be any problems with drainage with the method of street construction being used. She asked Joe Besco, Chairman of Public Works committee to comment. Joe Besco, Alderman He said at the time discussions were held about this project, he remembers that options were presented as to the method of resurfacing, however, no drainage issues were mentioned. He said the main objective of the hi-Town Road Program is to bring as many streets as possible, up to a certain standard with the funds available. An audience member asked about the amount being spent on this road project, which is $3 million. It was also asked how much was being spent on Somonauk and Game Farm Road. That estimate is not known at this time. Lighting in the area of Heustis Street will be discussed at the Public Works meeting August 7. Fire hydrants in the area were also discussed as to the number and spacing. Water main replacement was also briefly discussed. Loren Penick, comer of Adams & Ridge Mr. Penick stated his area is not getting curbs and wondered why not. He added that every winter, 2 feet of his yard was taken during plowing Mr. Wywrot said shoulders were proposed for his area and that many streets do not have curbs. He said that in the older part of town, the street is only 22 foot wide and it is desired to have sidewalks on one side of the street. At this time, Alderman Plocher said he believed there were two options: 1) to proceed with the project or 2) take matter to the City Council to find the funds for a total reconstruction. Alderman Leslie commented he thought the project needed to be finished because to tear out the work done so far would double the cost and take much longer to finish. He is not willing to spend the extra money Alderwoman Spears asked those who voiced concerns about speeders, to provide specific times or other information. As Public Safety Chairman she will address the complaints. Tom Willson, 302 E. Fox Mr. Willson said a police officer had sat at the corner of Fox and Mill to watch for stop sign violators, but he said the officer was visible to potential offenders. Carol Leifheit, 309 E. Fox She commented that she was glad to get a sidewalk and fire hydrant. She is currently having a new driveway put in, however, the apron cannot be finished until the roadwork is complete and the hole is sinking. Page 8 of 8 Robert James, 508 Heustis He asked about the possibility of speed bumps on Heustis. There was no further comment and Alderman Plocher thanked everyone for coming. He invited all to attend the C.O.W. and City Council meeting on August 14th. The meeting adjourned at 7:42pm Respectfully submitted by Marlys Young, Minute Taker 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 28, 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, hqp://www.yorkville.il.us/gov--mtgs minutes.cfm \,QED C J2 P ESL ,. 1036 Agenda Item Number Mayor#2 Tracking Number COW 2007-16 This page serves as a placeholder for the draft document Requests for Sponsorship, which was included in the Auzust 28, 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 r"D Cl J2 O IBM ^V_ h<LE P� Agenda Item Number Mayor#3 Tracking Number COW 2007-17 This page serves as a placeholder for the draft document Request for Mechanical Amusement Device License — Sawmill Pizza, which was included in the August 28, 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 \\ED clTY '2 0 9 .4( Z <[E4\ey`2 DC- STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT (Kalant Development) WHEREAS, Don Kalant and Hitesh Patel (OWNER) are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the "Property"), and WHEREAS, the Property is generally located at 101 W. Center Street in Yorkville and consists of approximately .3 acres; and WHEREAS, in conjunction with the rezoning of the Property to B-2 Business District, OWNER and the City desire to enter into a development agreement setting forth terms and conditions for the future development and use of the Property upon rezoning; and WHEREAS, the City has determined that the terms and conditions set forth therein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the City, and is otherwise authorized by law. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS: 1 . The Development Agreement between the OWNER and the City, attached hereto as Exhibit 'B" is hereby approved, and the Mayor is authorized to execute said Development Agreement. 2. The Yorkville City Clerk is hereby directed to file and keep on record a certified copy of this Ordinance and the Development Agreement after its passage and signing by the Mayor. 3 . This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 CLERK C/54362. 1 EXHIBIT A DEVELOPMENT AGREEMENT C T-) C 41 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY FROM R-2 TO B-2 ZONING CLASSIFICATION (Kalant Development) WHEREAS, Don Kalant and Hitesh Patel (OWNER) are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the "Property"), and WHEREAS, the Property is generally located at 101 W. Center Street in Yorkville and consists of approximately .3 acres; and WHEREAS, under the Property is presently zoned R-2 zoned by the United City of Yorkville under the Yorkville Zoning Code, being Title 10 of the City Code of the United City of Yorkville, Illinois; and WHEREAS the OWNER has made application by petition for the rezoning of the Property to B-2 Business District; and WHEREAS, said petition was duly referred by the City Clerk to the City Council of the United City of Yorkville, who, in turn, referred said application to the Yorkville Plan Commission for study and recommendation, and to the Yorkville Economic Development Committee for recommendation of a final decision; and WHEREAS, it is acknowledged that the existing structure on the Property will encroach into the required B-2 setback from Route 47 by 14.83 feet, and that upon approval of the proposed re-zoning, the building will be considered a legal non- conforming structure in accordance with the City's non-conforming use standards set forth in Chapter 10 (Non-conforming buildings, structures and Uses) of Title 10 (Zoning Code) of the United City of Yorkville City Code; and WHEREAS, the Yorkville Plan Commission and the Yorkville Economic Development Committee have found that the B-2 zoning classification requested is appropriate and supported by the Comprehensive Plan for the Property, that the use proposed will have a minimal architectural impact on the surrounding character, and that the proposed re-zoning satisfies all other standards for re-zoning under Section 10-14-7 of the United City of Yorkville Zoning Code; and as such has recommended approval the rezoning of the Property as requested; and WHEREAS, all notice, hearing and other procedural requirements provided by state statute and the Yorkville Zoning Code have been fully complied with; and WHEREAS, the City has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS: 1 . The findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. 2. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: a B-2 Business District with the uses listed as Permitted Uses in the B-2 3. The Yorkville City Clerk is hereby directed to file and keep on record said a certified copy of this Ordinance after its passage and signing by the Mayor, and file said Ordinance after its passage and signing with the applicable County Recorders Office and the applicable County Clerk, at the earliest possible time. 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 5 A.D. 2007. ATTEST: CITY CLERK C/54358.1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY E� C CE M I L LE RLLP LEGAL CO U N5 EL August 24, 2007 Wrtrrers's DI DW F,: (630)9554273 IiJ ERR :MichaeLMh@a immiller.mm MEMORANDUM TO: Travis Miller FROM: Michael M.Roth DATE: August 24,2007 RE: First Amendment to Tuscan Plaza Redevelopment Agreement I have generally reviewed the First Amendment to the Tuscan Plaza Redevelopment Agreement the Ordinance authorizing same, and the proposed Note prepared by the City's TIF attorney Kathleen Orr. I have no objection to the approval of these documents by Council. C/54364.1 2300 Cabot Drive,Suite 455 1 Lisle, IL 60532 1 P 630-955-0555 1 F 630-955-0662 INDIANAPOLIS I CHICAGO I DUPAGE COUNTY, ILLINOIS I WASHINGTON D.C. www.icemiller.com Agenda Item Number PS#1 Tracking Number PS 2007-16 This page serves as a placeholder for the draft document Ordinance Amendiniz City Code Rezardin Patio Licenses, which was included in the August 28, 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, htW://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og_v mtgs minutes.cfm `,�fD CITL o EST, _ 19]5 <Ix \by UNITED CITY OF YORKVILLE RESOLUTION NO. RESOLUTION AMENDING UNITED CITY OF YORKVILLE EMPLOYEE MANUAL BE IT RESOLVED by the United City of Yorkville as follows: Section 1. That Section 6.7, Compensation Time, of the United City of Yorkville Employee Manual is hereby amended by adding the following underlined words and deleting the following overstricken words: Section 6.7 Compensation Time a. The City encourages the use of compensatory time, provided the net result is a saving of wage expenditures. b. Compensation time for non-exempt employees is earned at the rate of 1.5 hours for each hour of overtime worked. c. All non-exempt, full-time employees (at their discretion and with their Department Head's approval), shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time. Sworn full-time employees may take compensation time,as outlined in their police collective bargaining agreement. d. There is a cap of 240120 hours of compensatory time that maybe accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to "cash out" accrued hours except forty(40)hours at any time with a thirty(30) day written notice to their Department Head. e. Upon termination of employment,the employee will receive cash compensation for any accrued comp time remaining. f. The City will honor an employee's request to use comp time within a reasonable period of time following the proper request, so long as the use of the camp time will not"unduly disrupt" the City's operations. g. Employees with compensation time accrued prior to August 28, 2007 which is greater than 120 hours shall be allowed two calendar years to use compensation 1 time in excess of 120 hours. Any compensation time remaining in excess of 120 hours shall be paid-out at the end of said two year grace period. h. During the two-year grace period in which employees are allowed to use compensation time in excess of 120 hours employees may not accrue compensation time in excess of 120 hours and all overtime hours worked during this period will be paid out as overtime. i. Any employee having a status change from non-exempt to exempt status shall be allowed one calendar year from the date of status change to use accrued compensation time. Any such compensation time remaining shall be paid-out at the end of said one year grace period. Section 2. Effective Date. This Resolution shall be in full force and effect after its passage and approval, and shall apply to all employees of the United City of Yorkville to which the Employee Manual is applicable. Section 3. Severabili ty. All rules, regulations and resolutions, or parts of same in conflict herewith are hereby repealed insofar as they do so conflict. 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 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2007. ATTEST: CITY CLERK C/54309. 1 3