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City Council Packet 2006 01-24-06 `,� p C/py ZD � T United City of Yorkville 800 Game Farm Road ESr. - 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <CE X AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, January 24, 2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, February 6, 2006 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, February 16, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, February 2, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, February 9, 2006 City Hall Conference Room Presentations: 1. Commendation for Officer Dan Pleckham 2. PW 2006-18 Water Connection Fee—Proposed Revision by Engineering Enterprises, Inc. City Council Meeting Agenda January 24, 2006 Page 2 Public Hearings: 1. Bristol Bay I Special Service Area 2005-109 2. Autumn Creek Special Service Area 2005-108 Citizen Comments: Consent Agenda 1. ADM 2006-01 Monthly Treasurer's Report for November 2005 2. ADM 2006-07 Ordinance Abating $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B (Countryside Interceptor) -authorize Mayor and City Clerk to execute 3. ADM 2006-08 Ordinance Abating $3,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (Countryside Center TIF) - authorize Mayor and City Clerk to execute 4. ADM 2006-09 Ordinance Abating $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A(In-Town Road Program) -authorize Mayor and City Clerk to execute 5. PW 2006-05 Bristol Bay—Plat of Easement for Offsite Utilities - authorize Mayor and City Clerk to execute 6. PW 2006-06 Betzwiser Development—Earthwork Letter of Credit Expiration- authorize City Clerk to call Letter of Credit if not renewed by April 3, 2006 7. PW 2006-07 Rob Roy Creek Interceptor(Contract#2)—Change Order#2-authorize increase in an amount not to exceed$4,200.00 and Mayor and City Clerk to execute 8. PW 2006-08 Rob Roy Creek Interceptor (Contract#3)—Change Order#3 -authorize increase in an amount not to exceed$6,400.00, a thirty day time extension to March 31, 2006, and Mayor to execute 9. PW 2006-10 Sunflower Estates Unit 1 —Bond Reduction#4- authorize reduction to Scheer's Bond No. 126574 in an amount not to exceed$146,498.84 10. PW 2006-11 Sunflower Estates Unit 2—Bond Reduction#2 - authorize reduction to Scheer's Bond No. 158160 in an amount not to exceed$90,076.92 11. PW 2006-12 Sunflower Estates Unit 3 —Bond Reduction#2 - authorize reduction to Gulflnsurance Bond No. B21867156 in an amount not to exceed$103,207.01 12. PW 2006-13 Galena Road Watermain—LayCom Easements - authorize Mayor and City Clerk to execute 13. PW 2006-14 Saravanos Properties—Earthwork Letter of Credit Expiration- authorize City Clerk to call Letter of Credit if not renewed by April 7, 2006 14. PW 2006-15 F.E. Wheaton Expansion—Final Acceptance and Letter of Credit Reduction#3 -accept public watermain and public sanitary sewer and authorize reduction to JP Morgan Chase Bank Letter of Credit No. 440513 in an amount not to exceed$4,123.00 15. PW 2006-17 2005 In-Town Road Program—Change Order#1 - authorize reduction in an amount not to exceed$37,234.51 and Mayor and City Clerk to execute 16. PW 2006-09 In-Town Road Program Phase 2—Smith Engineering Supplemental Engineering Agreement -approve in an amount not to exceed$14,280.00 and authorize Mayor to execute City Council Meeting Agenda January 24, 2006 Page 3 Consent Agenda (con't) 17. PW 2005-28 Resolution Approving Policy for Private Improvements in City Right-of-Way, Tree Removal - authorize Mayor and City Clerk to execute 18. PW 2006-20 Southwest Interceptor—Contract 1 —Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Services - approve in an amount not to exceed$131,500.00, subject to funding to be reimbursed by YBSD, (per intergovernmental agreement) as developments annex and pay Infrastructure Participation Fees Plan Commission /Zoning Board of Appeals: -. Minutes for Approval (Corrections and Additions): Minutes of City Council—November 22, 2005 and December 27,2005 Minutes of Committee of the Whole—October 18, 2005 and November 15, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,580,407.10 (vendors) $ 165,107.96 (payroll period ending 1/07/06) $ 1,745,515.06 (total) Reports: Mayor's Report: 1. Appointment of Ward III Alderman 2. Big Brothers Big Sisters Bowling on February 25, 2006 at 5:30 p.m. 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: Executive Director of Parks &Recreation Report: Community& Liaison Report: City Council Meeting Agenda January 24, 2006 Page 4 Committee Reports: Public Works Committee Report: 1. PW 2006-19 Southwest Interceptor—Hydraulic Avenue Construction Contract Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2006-06 Ordinance Abating$625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, (Fox Industrial Park) 2. ADM 2005-12 Resolution Amending Employee Manual Regarding Revised Tuition Reimbursement Policy Additional Business: Executive Session: 1. The appointment, employment, compensation, discipline,performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 j UBLP IC WORK Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James I CONOMIC DEVELOPMENV Committee Departments Liaisons Chairman: Alderman Munns Planning&Building &Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda January 24, 2006 Page 5 .PUBLIC SAFET�Y� -------------------------------- - — Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie MINISTRATIOl.4 Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd ;AD-HOC: TECHNOLOG Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer �.J V Ul >- �4 y- � . a — w U H o z 0 0 w u Q v; r, r.. v 70 0 e ° N 4--1 G b a nomn`` ) 1� W V U d 4— O U �, s C/, o O 4- E 0 � U cn "4W n U H Q cn c� U 75 7j � � u � U u u N cu u U � � cd U + A� , O -- O U m w u b � o o • u Q Q b b (U b p 75 o .., cu b •� I� V) CZ P4 � U +� � M 0 0 0 0 0 0 0 :4� 7S 0 � � ,� o � a cn a ' 0 -6 u o o u N 4-4 u 0 > 'b ¢ U D O uu Q O [-I cd u U a 0 'd '� U 0 w p U p cn -qq� 4� cn o Cl w 44 0 x b � 4 b cn O W V w can 4-+ U A.4 a) > cn � � p U Q � v, pa cn �, 0 i � � �' \` ,� 1 U -+-- O r � % op N lO �O .. ,r tz r N � N r N 16 O� R vi v� vi v� R F (3�C b r Vl r M .-+ .--i M .-i 7 N.-i M VC1 N .--i Cl 'H3 69 69 fA 69 r O 7 00� N r.-:M r 7 vi N l�D\ b.+ b Q\ 7 � t AW 69 b9 fH 69 59 M�6 M N 06 lr lr ll� O C G O M M M 00 M V1 D\ N � M 00 V1 M W 69 FA 69 FA C v E 0 c. a oi V/ v �a F U a � w N U W !n F V] (/J .a W `V h4 U W L Y O O y E O d 'd O O U � Q .-4 ° o pa Q � V) P� 4 ry o � 00 w o n -d q � u o v b 0 v v v v O pA bL . + p O U 0 b •0 0 0 'b y O •.`�+ U w O O YO p `d 'b ° �, U Lam;• B i pp CO U ° N OV Si a+ O Y O � .m v P. 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Engineer Agenda Item Tracking Number C y City Administrator ❑ �1� Consultant ❑ <LE City Council Agenda Item Summary Memo Title: In-Town Road Program Phase 2— Supplemental Engineering Agreement City Council/COW/ Co►mnittee Agenda Date: COW 1/17/06 Synopsis: Supplemental agreement from Smith Engineering in the amount of$14,280 to add Mill Street (Fox to Washington) to the project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Q ciT`o United City of Yorkville Memo All 800 Game Farm Road EST `¢1636 Yorkville, Illinois 60560 -4 3 -� p Telephone: 630-553-8545 p =! s =p Fax: 630-553-3436 41L.E Date: January 13, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Traci Pleckham, Finance Director Liz D'Anna, Administrative Assistant Subject: In-Town Road Program Phase 2— Supplemental Engineering Agreement Attached find one copy of a proposed supplemental engineering agreement with Smith Engineering for the In-Town Road Program. This agreement in the amount of$14,280 is for design engineering needed to add Mill Street from Fox to Washington to the project. The original project stopped the Mill Street reconstruction at Fox Street. Upon further consideration, we would like to extend the project one more block to address a severe drainage problem along the west side of the road.The estimated cost of construction is about$80,000. The engineering work increases the total cost to about$100,000. This issue was discussed at the January 9`h Public Works Committee meeting. The comrnittee recommended that this one block of road be added to the project if the funding could be worked out. Please place this item on the January 17, 2006 Committee of the Whole meeting for consideration. Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors January 11, 2006 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: 2006 hi-Town Road Program SEC Job No.: YORK-040818-03 and-04 Supplement Request Dear Mr. Wywrot: Per our phone conversation on January 11, 2006, SEC is submitting a supplement request for additional work for the above referenced project. Per your request to extend the limits of improvement on Mill Road from Fox Street to Washington Street, SEC will complete a roadway survey,roadway plans, and drainage plans for the additional length. For this work, we are requesting a supplement in the amount of$14,280.00. Descriptions of the additional tasks that will be completed due to the request that has been made of SEC are listed below: • Survey • SEC will perform a Topographic Survey of approximately 450 feet of Mill Street, from Fox Street south to Washington Street. The survey will extend from 10 feet outside of the right-of-way on each side of Mill Street. Survey will reference control and benchmarks from previous survey. • Additional work: 20 hours, $1,650.00 • Roadway Design o SEC will prepare typical sections and plan and profile sheets for proposed improvements for the additional length of Mill Street(drawing scale is assumed to be 1"=20'). Roadway improvements will match the proposed roadway improvements on Mill Road north of Fox Street. o SEC will include the additional length of Mill Road in the roadway plans, specifications,bid documents, and an Engineer's Opinion of Probable Cost. o Additional work: 74 hours, $6,740.00 759John Street,Yorkville,IL60560 www.smidienginecring.com Telephone 630.553.7560 Fax 630.553.7646 Mr. Joseph Wywrot United City of Yorkville 2006 In-Town Roadway Program SEC Job No.:YORK-040818-03 and-04 r, January 11, 2006 Page 2 • Drainage Design • SEC will determine drainage areas to be served by the proposed storm sewer for the additional length of Mill Road. • SEC will design the storm sewer system and prepare detailed computations for the additional length of Mill Road. SEC will include the additional drainage improvements in the drainage plan and profile sheets (drawing scale is assumed to be 1"=20'). • SEC will analyze the additional length of Mill Road for ditch and/or swale grading. Detailed computations of swales will not be provided. • SEC will include the additional drainage improvements on Mill Road between Fox Street and Washington Street in the drainage plans, specifications,bid documents, and an Engineer's Opinion of Probable Cost. • Additional work: 70 hours, $5,890.00 Should you concur with this supplement request,please sign this acceptance letter and return to our office. Should you have any questions or need further clarification, please contact me at (630) 553-7560. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Andrew Svihra, P.E. Principal AS/jmk Accepted By: Date: Title: Y:\Jobs\Smith\2004\040818_York_Road\administration\supplements\0408 18-supplement request-011106-crf doc Reviewed By: Legal F-1 city Council Finance ❑ EST s` 1636 En eer �'��°� gi U Agenda Item Tracking Number e ¢: City Administrator ❑ Consultant ❑ �� � ' � �� �� k •Jeep O ❑ E �V City Council Agenda Item Summary AZemo Title: Private Improvements in City Right-of-Way FREE !<r lyl c'V q L- l�L-IC y City Council/ COW/ Committee Agenda Date: PW Committee 12/5/05 COW I/eMn- c W ' ri - , CC '144 *- Synopsis: What type of improvements can private individuals make in the public right-of- way? Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Recommend that the City Council adopt a policy regarding construction in the right-of-way by private individuals Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: =`.1�D C/)., United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 4 L ° Fax: 630-553-7575 9 �9 �O / CC vwiY `C Date: January 23, 2006 To: Mayor and City Council From: Lisa Pickering, Office Assistant CC: Department Heads Subject: Additional information for City Council packets—January 24, 2006 Attached please find additional information for your City Council packet for the following items: Consent Agenda#17—Resolution Approving Policy for Private Improvements in City Right-of-Way, Tree Removal Consent Agenda#18 —Southwest Interceptor—Contract 1 —Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Services Public Works#1 —Southwest Interceptor—Hydraulic Avenue Construction Contract Please add this information to your City Council packet. C�} � '7 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING POLICY PRIVATE IMPROVEMENTS IN CITY RIGHT OF WAY, TREE REMOVAL WHEREAS,the United City of Yorkville has considered a policy concerning Private Improvements in City Right of Ways and Tree Removal; and WHEREAS, the policy that the Council now desires to approve is set forth on the attached Exhibit"A"which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Private Improvements in City Right of Way, Tree Removal Policy of the United City of Yorkville is hereby approved in the form specifically set forth on Exhibit"A" attached hereto and incorporated herein. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 qtr o United City of Yorkville Memo 'A 800 Game Farm Road Esr 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 r<CE w� Date: January 20, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Policy for Private Improvements in City Right of Way, Tree Removal In follow up to the discussion at COW,please find attached both a redline and clean copy of the Agreement. The revisions are as follows: 1. Par. 2: deleted"permanent(masonry) mailboxes" from the list of examples of improvements that would be considered. This was requested by the Director of Public Works. 2. Par. 7: deleted"submitted with the request"and replaced with"approved by the City"to make certain that only approved improvements will be constructed. 3. Par. 6: New paragraph,pursuant to request by the City Engineer to clarify that the improvement in the Right of Way becomes the property of the City. If modified or removed,the cost will be borne by the City (if a permit had been obtained prior to the improvement), and by the land owner if no permit had been obtained. 3. Par. 8: Clarification pursuant to the Mayor's concerns that the City is taking a position to never remove trees. This clarification"Regarding any citizen request for voluntary removal of trees"distinguishes this policy from tree removals at the city's discretion. The revised policy now contains all changes that have been suggested and is appropriate for your approval. - Deleted:Redlines reflect changes after 1.9.06 PW meeting - DelMed:DRAM�--- -- - - 7.12.2006 UNITED CITY OF YORKVILLE POLICY PRIVATE IMPROVEMENTS IN CITY RIGHT OF WAY,TREE REMOVAL WHEREAS, the United City of Yorkville ("City") owns right of ways throughout the City commonly called"parkways"which generally lie between a side walk and a City Street, an less often he adjacent to a City Street in areas that have no sidewalk (hereinafter referred to as"City Right of Way"),and WHEREAS, the City has received, and expects to continue to receive inquires and requests from land owners adjacent to the right of way to make improvements in the City . Right of Way,and/or to remove trees in the City Right of Way,and WHEREAS, the City deems it prudent to adopt this Policy to provide a consistent and ascertainable response to the issues concerning City Right of Way improvements and Tree Removal, be it resolved that the Cities Policy for Private Improvements in City _ - Deleted:Reanlwd Right of Way and Tree Removal is as follows: 1. The City will consider"Requests to Improve City Right of Way"by adjacent land owners,only. Certain improvements shall require a permit,others shall not. 2. Examples of improvements that shall require a permit are: Planting a tree, removing a tree, constructing a new sidewalk, Adding curb or gravel shoulders,,_ .- Deleted:baildingapermarmnt widening a driveway apron,major grade changes,placing boulders or other obstructions, (__Hy)main r' cutting a street curb. This list is meant as an example, only, to describe the type and extent of improvements that shall require a permit under this Policy, however the list is not intended to be exhaustive and other specific items that are similar in size, scope and content may also require a permit. 3. Examples of improvements that shall not require a permit are: planting flowers, making minor landscape changes, replacing existing sidewakc, adding gravel to shoulders, installing a break away mailbox, repaving a driveway apron minor grade changes. This list is meant as an example only, to describe the type and extent of - Deleted:, to improvements that are consider exempt from this policy and shall not require a permit under this Policy, however the list is not intended to be exhaustive and other specific items that are similar in size, scope and content may also be considered exempt from this policy. 4. Said Requests shall be made to the City Engineer, and shall be in writing. Requests shall include at a minimum: A plat of survey, a site plan or sketch, a narrative of what is intended to be accomplished including a list of who will do the work. The City Engineer may ask for additional information as may be reasonably required to review the request. The applicant must also request a building permit for the improvement. The fee for this permit shall be$50.00 5. In determining whether of not to approve the Request the City Engineer-shall- _ - Deleted:The consider reasonable engineering and aesthetic factors for the parcel, and for the area of the City. These factors shall include, at a minimum: drainage, safety, the existing sidewalk and roadway,and consistency with the neighborhood. 6. If, after receiving the information required herein, and considering the factors identified herein, the City Engineer determines that the request is in keeping with the factors set forth herein,then the City Engineer may issue a letter approving the request. 7. Said letter shall indicate that the approval is for the requested improvement, only, and that the Engineer shall inspect the work and the City shall require the work to be_ Deleted:wk, performed according to the plans approved by the City, If the project has anticipated_ _- oeieted:submined with a� rew t costs in excess of x$1,000, the City shall require a bond or letter of credit to secure the completion of the work If the work is initiated, but not completed, within 90 days of Deleted:$ 1,000 issue of the permit,the City may call the bond or letter of credit and complete the work as designed or return the parkway to its pre-existing condition,at the City's sole discretion. 8. All improvements performed in City Right of Way shall become property of the City regardless of whether said work is approved via this policy and permit process. The improvement shall be subject to removal or modification at the sole discretion of the City. If such work has been completed by permit in compliance with this policy,then the cost of removal or modification at a later date shall be home by the City. If an improvement is made without a permit, then any future removal or modification shall be paid for by the owner of the property who constructed the unpemritted improvement. 9. Regarding any citizen request for voluntary removal of trees,,it shall be the policy Deleted:a of the City, trees within the City Right of Way shall not be removed. The only Deleted:, exceptions to this policy shall be: ---Trees that suffer from disease may be removed upon demonstration of the likelihood that the tree will not survive ---Trees that must be removed for the purposes on installation of driveways Requests for removal of trees shall be submitted to the City Engineer consistent with the procedure set forth herein. UNITED CITY OF YORKVILLE POLICY PRIVATE IMPROVEMENTS IN CITY RIGHT OF WAY, TREE REMOVAL WHEREAS, the United City of Yorkville ("City") owns right of ways throughout the City commonly called"parkways"which generally lie between a side walk and a City Street, an less often lie adjacent to a City Street in areas that have no sidewalk (hereinafter referred to as "City Right of Way"), and WHEREAS, the City has received, and expects to continue to receive inquires and requests from land owners adjacent to the right of way to make improvements in the City Right of Way, and/or to remove trees in the City Right of Way, and WHEREAS, the City deems it prudent to adopt this Policy to provide a consistent and ascertainable response to the issues concerning City Right of Way improvements and Tree Removal, be it resolved that the Cities Policy for Private Improvements in City Right of Way and Tree Removal is as follows: 1. The City will consider "Requests to Improve City Right of Way" by adjacent land owners, only. Certain improvements shall require a permit, others shall not. 2. Examples of improvements that shall require a permit are: Planting a tree, removing a tree, constructing a new sidewalk, Adding curb or gravel shoulders, widening a driveway apron, major grade changes, placing boulders or other obstructions, cutting a street curb. This list is meant as an example, only, to describe the type and extent of improvements that shall require a permit under this Policy, however the list is not intended to be exhaustive and other specific items that are similar in size, scope and content may also require a permit. 3. Examples of improvements that shall not require a permit are: planting flowers, making minor landscape changes, replacing existing sidewalk, adding gravel to shoulders, installing a break away mailbox, repaving a driveway apron minor grade changes. This list is meant as an example only, to describe the type and extent of improvements that are consider exempt from this policy and shall not require a permit under this Policy, however the list is not intended to be exhaustive and other specific items that are similar in size, scope and content may also be considered exempt from this policy. 4. Said Requests shall be made to the City Engineer, and shall be in writing. Requests shall include at a minimum: A plat of survey, a site plan or sketch, a narrative of what is intended to be accomplished including a list of who will do the work. The City Engineer may ask for additional information as may be reasonably required to review the request. The applicant must also request a building permit for the improvement. The fee for this permit shall be $ 50.00 5. In determining whether of not to approve the Request the City Engineer shall consider reasonable engineering and aesthetic factors for the parcel, and for the area of the City. These factors shall include, at a minimum: drainage, safety, the existing sidewalk and roadway, and consistency with the neighborhood. 6. If, after receiving the information required herein, and considering the factors identified herein, the City Engineer determines that the request is in keeping with the factors set forth herein,then the City Engineer may issue a letter approving the request. 7. Said letter shall indicate that the approval is for the requested improvement, only, and that the Engineer shall inspect the work and the City shall require the work to be performed according to the plans approved by the City.. If the project has anticipated costs in excess of$1,000, the City shall require a bond or letter of credit to secure the completion of the work. If the work is initiated, but not completed, within 90 days of issue of the permit,the City may call the bond or letter of credit and complete the work as designed or return the parkway to its pre-existing condition, at the City's sole discretion. 8. All improvements performed in City Right of Way shall become property of the City regardless of whether said work is approved via this policy and permit process. The improvement shall be subject to removal or modification at the sole discretion of the City. If such work has been completed by permit in compliance with this policy,then the cost of removal or modification at a later date shall be borne by the City. If an improvement is made without a permit, then any future removal or modification shall be paid for by the owner of the property who constructed the unpennitted improvement. 9. Regarding any citizen request for voluntary removal of trees it shall be the policy of the City, trees within the City Right of Way shall not be removed. The only exceptions to this policy shall be: ---Trees that suffer from disease may be removed upon demonstration of the likelihood that the tree will not survive ---Trees that must be removed for the purposes on installation of driveways Requests for removal of trees shall be submitted to the City Engineer consistent with the procedure set forth herein. CA 418 0 co, United City of Yorkville Memo W dm av 800 Game Farm Road ' ESC s - .1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 Fax: 630-553-7575 kE Date: January 23,2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Southwest Interceptor—Contract I with Walter E. Deuchler Assoc, Inc., Section 3.9 In response to the discussion of this contract at COW, I called Mr. Phillipe Moreau, P.E. to discuss Section 3.9 with him. He explained that when providing Construction Services, an engineering firm will from time to time find need to use outside consultants (often specializing in a particular field of expertise). In this particular contract, soil borings may become necessary. The charge of 8%of the cost of obtaining the borings and opinions would compensate Deuchler for review of the findings and follow up discussions with the soil boring company. It would appear reasonable and appropriate for an engineering firm to be compensated in this manner for this type of work on the City's behalf. Additionally, Mr. Moreau pointed out, and I concur that: 1. The fee covered by Section 3.9 falls under the "not to exceed"amount of$131,500. It is not an additional charge above the base. 2. As you might expect,this provision is found in many engineering service contracts, and is a necessary and expected form of compensation. In conclusion, Section 3.9 is a necessary, expected and appropriate provision for this form of contract which should remain within the agreement. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITEL II I E YCNCB COUNTY.ILLINO H THE CITY COUNILH M RS jErR AFT 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 22.2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Wards James Present Leslie Present Ward II Burd Present Wolfer Absent Ward III Chains Present Manna Present(arrived 7:40) Ward IV Besco Present Spears Absent Also present City Clerk Milschewski,City Treasurer Powell(arrived 8:00),Interim City Administrator Cmis,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse, Finance Director Pleckham,Director of Recreation Swithin,and City Intern Olson. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Besco requested that item#5,Updated Capital Improvement Program,under the Public Works Committee Report be removed from the agenda and placed on the next appropriate Committee of the Whole(COW)meeting agenda. Mayor Prochaska requested that following items be removed from the agenda • Item#2,Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village I)and Approving the Amended Special Tax Roll Ordinance and Item#3,Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101(Windett Ridge)and Approving the Amended Special Tax Roll be removed from the Consent Agenda and be placed on the next City Council meeting agenda. He explained that that the paperwork for the SSAs was received earlier in the day and the documents needed to be reviewed by staff. • Item 42,Ordinance Amending City Code Title 1—Administration,Chapter 6— Municipal Officers and Employees—New Article"D"City Administrator Regarding City Administrator Ordinance be removed from the Mayor's Report and be placed on the next appropriate COW meeting agenda for further discussion. • Item#I Salary Survey:Mayor,Aldermen,Clerk and Treasurers,Item#4 Tuition Policy and Item#5 Resolution Approving the Revisedjob Description for the Position of Engineering Administrative Assistant(fortnerly know as"Engineering Assistant")be removed from the Administration Committee Report and be placed on the next appropriate COW agenda for further discussion. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,December 5,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,December 15,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,December 1,2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Reeular Meetine of the City Council—November 22.2005—naee 2 Public Safety Committee 7:00 P.M.,Thursday,December 8,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS None. PUBLIC HEARINGS Wyndham Deerpoint Homes Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Wyndham Deerpoint Homes,JS&WD Development,LLC,Harry Anderson and William Galvin,Jr.,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-2 General Business District and R-2 One- Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 154 acres north of Route 71 and west of Pavillion Road, Kendall Township,Kendall County,Illinois. So moved by Alderman Wolfer;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-eye,Burd-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-O Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye JS&WD Development,LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing JS &WD Development,LLC,Harry Anderson and William Galvin,Jr.,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 178.3 acres south of Route 71 and west of Legion Road,Kendall Township,Kendall County,Illinois.So moved by Alderman Ohare; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye - Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Dope Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Munns-aye,Ohara aye,Wolfer-aye,Besco-aye,Burd-aye James-aye CITIZEN COMMENTS Eric Weis,455 East Barberry Circle,addressed the City Council. He explained that he has ten years experience working in the State's Attorney's office in Kendall County where he has tried every type of case such as homicide,rape,drug use,etc.and will be running for the State's Attorney position in March of 2006. He noted that the City Council has dedicated its efforts to help Yorkville control growth however there is an increase in crime in Kendall County due to the increased population. He explained how decisions made by the State's Attorney affect the accused and victim's lives along with those of their families,friends and the community. He asked that everyone remember to vote and when doing so that they think about whom they would want if they were the victim of a crime to prosecute the person who caused the grief and hardship to them. Would they want someone with experience or would they want someone else? He commented that he believed be was the most experienced candidate and noted that he is active in the community as a volunteer on the Bristol-Kendall Fire Department and just recently received a Character Counts Award from the City Council. He asked that the City Council take the time to The Minutes of the Regular Meetine of the City Council—November 22.2005—page 3 educate themselves and understand the issues and credentials of the candidates and to be sure to vote on March 21,2006, CONSENT AGENDA 1. Ordinance 2004-89—For the Levy and Assessment of Taxes for the Fiscal You beginning May 1,2006 and ending April 30,2007 for Special Service Area Number 2004-201(Fox Hill)—authorize abatement in the amount of$18,000.00 and authorize the Mayor and City Clerk to execute(ADM 2005-02) 2. IMLRMA Insurance Rate—approve annual renewal policy(ADM 2005-05) 3. Monthly Treasurer's Report for September 2005(ADM 2005-06) 4. Resolution 2005-79—Approving the Revised Job Description for the Position of Senior Accounting Clerk(formally known as Accounting Clerk II/Human Resource Clerk)-authorize the Mayor and City Clerk to execute (ADM 2005-08) 5. Cannonball Hill Subdivision—Final Acceptance—acceptpub/ic improvements(PW 2005-02) 6. In-Town Drainage Program -Storm Sewer Easement-authorize the Mayor and City Clerk to execute(PW 2005-03) 7. Deuchler Engineering Agreement for FPA(Facility Planning Area)Expansion— Northwest Service Area-authorize the Mayor and City Clerk to execute(PW 2005- 06) S. Deuchler Engineering Agreement for FPA Expansion—Fagenal Development- authorize the Mayor and City Clerk to execute(PW 2005-07) 9. Deuchler Engineering Agreement for FPA Expansion—KB Homes Development— Konicek&Hageman Properties-authorize the Mayor and City Clerk to execute(PW 2005-08) 10. Deuchler Engineering Agreement for FPA Expansion—Momalbano Development— Lee Farm-authorize the Mayor and City Clerk to execute(PW 2005-09) 11.Deuchler Engineering Agreement for FPA Expansion—Marker Development— Heartland Crossing-authorize the Mayor and City Clerk to execute(PW 2005-10) 12.Deuchler Engineering Agreement for FPA Expansion—Wiseman-Hughes Development-Windett Ridge Unit 3-authorize the Mayor and City Clerk to execute (PW 2005-I1) 13, Deuchler Engineering Agreement for FPA Expansion—Hudson Lakes Development- authorize the Mayor and City Clerk to execute(PW 2005-12) 14.Deuchler Engineering Agreement for FPA Expansion—MPI South Development- authorize the Mayor and City Clerk to execute(PW 2005-13) 15.Deuchler Engineering Agreement for FPA Expansion—Schramm Property- authorize the Mayor and City Clerk to execute(PW 2005-14) 16.2005 Concrete Roadway Pavement Striping—Change Order#1—authorize increase in an amount not to exceed$1,003.55,funding to be paid from Line Item#01-410-75- 00-7100—Street Rehab projects and authorize the Mayor to execute(PW 2005-17) 17. Cannonball Estates Phase 2 Letter of Credit Reduction#5—authorize reduction in an amount not to exceed$9,618.77(PW 2005-18) 18. Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1-authorize reduction in an amoma not to exceed$753,535.73 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Ohare;seconded by Alderman Bond. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Alderman Munns reported that the Plan Commission voted 2-3 against a rezoning request for a residence on Bridge Street. He further reported that the rezoning was discussed by the Economic Development Committee and they voted 3-0 to move it ahead to the Committee of the Whole. AHI UT=S FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of October 25,2005,November 8,2005 and the Committee of the Whole meeting from September 20,2005;seconded by Alderman Ohm. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated November 10,2005 totaling the following amounts:checks in the amount of The Minutes of the Regular Meeting of the City Council—November 22,2005—page 4 $1,059,441.73(vendors);$154,665.69(payroll period ending 1029105);for a total of $1,214,107.42 seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Munns-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye REPORTS MAYOR'S REPORT Engineering Enterprises Inc.(EEI)Agreement.for Shallow Well Siting Program (COW 2005-01) Mayor Prochaska questioned the urgency of this item. Director of Public Works Dhuse explained the process do be done and stated that it needed to begin before the ground began to freeze. He also noted that the funds for the study were available. Mayor Procbaska entertained a motion to approve an agreement with Engineering Enterprises Inc.(EEI)for the Shallow Well Siting Program,subject to legal review,in the amount of $20,000.00. So moved by Alderman Wolfer;seconded by Alderman Boni. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Agreement with Trinity Church United Methodist (COW 2005-03) Attorney Wyeth explained that this is an agreement is for Recreation Department programs and it has been recommended by the Parks&Recreation Department. Mayor Prochaska entertained a motion to approve the agreement with Trinity Church United Methodist,as presented,subject to legal review. So moved by Alderman Besco;seconded by Alderman Wolfer. Director of Recreation Sue Swithin explained that the agreement will provide a location for day classes such as a pre-school program. The rent is$400.00/month and the agreement is the same as the one with the Yorkville Congregational Church. Mayor Prochaska thanked the church for their community cooperation. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye Rob Roy Creek Interceptor Funding and Easement Agreements (CC 2005-01) Attorney Wyeth explained that the next three items are related to the Rob Roy Creek Interceptor project which will take the sewer line to the northern most portion of the City's planning area. The interceptor will serve three developments so there are three agreements which will provide a stream of funding to pay the$12 million in bonds for the project. He stated that the agreements will also provide the necessary easements to the Yorkvi0e-Bristol Sanitary District for the interceptor. He also explained that in the Bristol Bay Agreement there is a clause that allows for City Council consideration of a single source bid in order to take the line to its conclusion if the developer chooses to do this in an expedited manner.He stated that the members of the City Council should have copies of the agreement at their desks and noted that there were changes that affected YBSD alone. He further noted that the agreements rely on each other in regards to funding and easements. Caledonia-Interceptor Sewer Agreement Term Sheet Mayor Prochaska entertained a motion to approve the Interceptor Sewer Agreement Term Sheet with Wyndham Deerpoint,as presented,subject to funding,obtaining original easements and legal review and obtaining agreements for funding and easements with Centex and Ocean Atlantic.So moved by Alderman Wolfer;seconded by Alderman James. Alderman Ohare asked if the City had received the easements. Attorney Wyeth explained that he has seen the drafts for the easement and that they will be presented with the signing of the The Minutes of the Regular Meeting of the City Council—November 22.2005—nage 5 Agreements and that the approval of the agreemms is subject to obtaining the original easements. Motion approved by atoll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye Bristol Bay—Interceptor Sewer Agreement Term Sheet Mayor Prochaska entertained a motion to approve the Interceptor Sewer Agreement Term Sheet with Centex Homes,as presented,subject to Funding,obtaining original easements and legal review and obtaining agreements for funding and easements with Ocean Atlantic and Wyndham Deerpoint.So moved by Alderman James;seconded by Alderman Wolfer. Mayor Prochaska noted that the developer is asking for the ability to build their portion of the sewer.He stated that this agreement requires YBSD's engineering company to verify the cost of the construction to make sure they are within the realm of the other interceptor projects. He further noted that the agreement stipulates that any reimbursement for this construction will not include bonuses or overtime and due to the single sourcing of the project,a N vote would be needed to approve the motion. Alderman Basco clarified that this portion of the line will not be contracted through the YBSD and will be done by the developer. Mayor Prochaska stated that this is correct if the developer so chooses. Motion approved by a roll call vote. Ayes-6 Nays-I Mums-aye,Ohare-aye,Wolfer-aye,Besco-nay,Burd-aye,James-aye,Leslie-aye Westbury—Interceptor Sewer Agreement Term Sheet Mayor Prochaska entertained a motion to approve the Agreement regarding the Rob Roy Creek Sanitary Sewer Interceptor with Ocean Atlantic/PFG-Westbury,LLC,as presented,subject to funding,obtaining original easements,legal review and obtaining agreements with Centex Homes and Wyndham Deerpoint.So moved by Alderman James;seconded by Alderman Ohare. Mayor Prochaska thanked Attorney Wyeth for his diligent work on the easements and agreements. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Wolfer-aye,Besco-nay,Burd-aye,James-aye,Leslie-aye,Munns-aye CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that leaf pickup was still underway due to the tremendous participation in the project. He stated that the pickup will continue through next week at locations not previously done. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitor Bureau(AACVB)Workshop Alderman Burd reported that she attended a workshop held by the AACVB where the main topic was the ways the Bureau could better service its clients. A facilitator led the workshop where helping improve area group's participation in the Midwest Literary Festival,partnerships between meet business,website technology,annual presentations etc.were discussed. The Minutes of the Regular Meetins of the City Council—November 22.2005—Page 6 Facade Committee Alderman Burd reported that the Facade Committee met November 16,2006 where the committee approved payment of$14,900.00 to TIG Partners for the improvements made on the Sawmill Pizza building. The Committee discussed that this is the type of improvement that exemplifies what the Facade funds should be used on. This payment represents all the funds remaining in the find for the year.She encouraged everyone to patronize the restaurant. Mayor Prochaska noted that this is the first applicant who has taken advantage of the program for the entire building,notjust the front Hosed House Donations Alderman Leslie thanked"everyone for the donations made to Hosed House. He especially thanked the Yorkville schools,WSPY,the Kendall County Record,Beacon News and the Police Department for their assistance with the program. He stated that amount of donations bas been unbelievable. Corridor Planking Croup Mayor Prochaska reported that he attended the first meeting of the Corridor Planning Group for the Prairie Parkway. He explained that the group is comprised of representatives from Kane, Kendall and Grundy Counties as well as the mayors and village presidents of Elbum,Big Rock, Sugar Grove,Plano,Yorkville,Lisbon,Morris and Minooka. The purpose of the group is to provide guidance for the Prairie Parkway's development and to develop a framework for local government cooperation. The group is initially looking to develop three task groups to deal with transportation,environmental issues and land use. He stated he will keep the City Council updated as information becomes available. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Route 47&Fox Road Intersection Engineering Enterprises Inc.(EEI)Proposal to Prepare Intersection Design Study (PW 2005-04) A motion was made by Alderman Bosco to approve a proposal as presented from Engineering Enterprises Inc.(EEI)to prepare an Intersection Design Study for Route 47 and Fox Road intersection subject to obtaining funding;seconded by Alderman Burd. Alderman Besco noted that the study will cost about$6,000.00. Alderman Ohare asked where the funding was coming from and Director Dhuse explained that he is still looking into this. He noted that the state is interested in the study and Mayor Prochaska asked if there is funding available from them. Director Dbuse stated he is investigating this. Director Pleckbam stated that she is investigating funding from developers in the area. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Mums-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye Autumn Creek Easement (PW 2005-05) A motion was made by Alderman Bosco to accept easements for Autumn Creek Subdivision as presented;seconded by Alderman Burd. Alderman Besco explained that the easement is for utilities. Motion approved by a roll call vote. Ayes-7 Nays-0 Mums-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye River's Edge Phase I Letter of Credit Reduction#4&Acceptance of Public Improvements (PW 2005-20) A motion was made by Alderman Besco to approve a Letter of Credit Reduction#4 and acceptance of public improvements for River's Edge Phase 1,as presented;seconded by Alderman Munns. Alderman Besco noted that this was recommended by the City Engineer. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohm-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye The Minutes of the Regular Meeting of the City Council—November 22.2005—uage 7 Deuchler Engineering Agreement for Design&Construction Inspection Services for Gawne Lane Improvements (PW 2005-22) A motion was made by Alderman Besco to approve the Agreement with Deuchler Engineering for Design and Construction Inspection Services for Gawne Lane Improvements as presented; seconded by Alderman Bard. Alderman Besco explained that this an agreement based upon a prior easement agreement and the Public Works Committee recommends it. Mayor Prochaska asked about funding and Director Dhuse explained that$15,000.00 will be funded this fiscal year from the Engineering-GIS and the Water Improvement-GIS line times. The remainder will be funded next fiscal year. Mayor Prochaska asked if the dollar amount of the project should be included in the motion. Attorney Wyeth suggested that a"not to exceed"amount be included in the motion. Alderman Burd withdrew her second and Alderman Besco withdrew the motion. A motion was made by Alderman Besco to approve the Agreement with Deuchler Engineering for Design and Construction Inspection Services for Gawne Lane Improvements as presented,not to exceed$28500.00($15,000.00 this fiscal year and$13500.00 next fiscal year);seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohm-aye Rob Roy Creek Interceptor Contract 5—Results of Bid Opening (PW 2005-26) A motion was made by Alderman Besco to approve the award of contract for Rob Roy Creek Interceptor Contract#5 as presented,subject to receipt of funding,obtaining original easements and legal review;seconded by Alderman Obare. . Motion approved by a roll cell vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye Rob Roy Creek Interceptor Contract 6—Results of Bid Opening (PW 2005-27) A motion was made by Alderman Besco to approve the award of contract for Rob Roy Creek Interceptor Contract 96 as presented,subject to receipt of funding,obtaining original easements and legal review,seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Olrare-aye,Wolfer-aye,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-089 Tax Levy (ADM 2005-01) Mayor Prochaska noted that as this was not discussed at the last COW meeting and that a majority vote was needed to announce the City's intention for a levy. He stated that the Administration Committee recommended that the tax levy amount be$2,049,505.64. He explained that the recommended amount is based on the maximum amount that the City is able to access based on the current estimates for Equalized Assessed Value(EAV)and the limitations of the tax cap. He noted that this is not the amount that he recommended;he recommended that the levy's amount be$2,035,873.26 based on the same formula the City bas used for the last six years. The difference between the two mounts is$13,632.38. He opened the floor for discussion. Alderman Ohms stated that the Administration Committee discussed the Tax Levy,along with the City Treasurer and they are recommending the higher amount. She stated that personally she felt that with the upcoming school referenda the City should approve the lesser amount. The Minutes of the Reeular Meetine of the City Council—November 22.2005—page 8 City Treasurer Powell stated that at the Administration Committee meeting he recommended the higher amount and even though the reasons he gave the committee for this are still valid,in light of Wal-Mart announcing a new store in Yorkville,he would also support the lower amount. Alderman Wolfer thanked Treasurer Powell and Finance Director Pleckham for explaining the levy to him. He stated that he had a problem with the higher amount because it affected senior citizens. He stated there are businesses coming into Yorkville that he felt would balance out the difference. Alderman Besco asked if there were long-term repercussions for not levying the higher amount. Treasurer Powell explained that the tax cap limits the amount of new taxes that can be increased each year and the cap is based on existing residences. He stated that if it is limited today,it cannot be increased more in the future years. He stated that there was a"snow-balling"effect to future years and that is why he originally supported the higher amount. Alderman Besco expressed his concern that while Wal-Mart has announced their arrival,the economy could change and they may not come. Alderman Burd questioned if there was abatement if the City does not want the whole amount of the levy. Director Pleckham explained that she believed that when the county sends the actual levy amount in March,the City has to sign-off on the extended amount. Mayor Prochaska added that the City cannot extend the amount more than for what it has asked for. He stated that if the City Council wants to vote for a lesser amount it would be done when the levy ordinance is voted on. He explained that a few years ago,the City received the final amount from the county and because the tax cap was lower,the City did not get the amount it asked for. Director Pleckham further explained that last year,the City used a higher EAV than actual and received less tax dollars than anticipated. The lower amount affected the library and police. Alderman Bard discussed that possibility that the library would be over budget and the City was trying to make up the difference. She asked if this would be a problem this year. Director Pleckham stated that the Library Levy will deal with this. She explained that the library rate will be higher than the normal annual rate to be applied to the bond for the reconstruction. Director Pleckham stated that the City's tax levy will not affect the library levy. Aldermen Munns and Leslie both stated they supported the lower amount. A motion was made by Alderman Ohare to approve the Tax Levy in the estimated amount of $2,035,873.26 for the year 2005;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Mums-aye,Ohare-aye,Wolfer-aye,Besco-aye,Burd-aye,James-aye Library Levy (ADM 2005-10) Director Pleckham stated that this is an information item. The library will not abate their tax rate as it relates to the expansion construction. It is based on a dollar amount not the rate, The City Council had no comments or questions on this item. Ordinance 2005-90 Establishing Special Service Area Number 2004-107 Raintree Village H (ADM 2005-15) A motion was made by Alderman James to approve an ordinance establishing Special Service Area Number 2004-107(Raintree Village II);seconded by Alderman Ohare. Alderman Bard noted that the Special Service Area was part of the original Amexation Agreement and is nothing new. Alderman Manna asked what the consequences would be if the SSA was voted down and Attorney Wyeth stated the City would be in breach of contract. Motion approved by a roll call vote. Ayes-6 Nays-I Wolfer-aye,Besco-nay,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye Ordinance 2005-91 Providing for Issuance of Special Service Area Number 2004-107 Special Tax Bonds,Series 2005-Raintree Village H (ADM 2005-16) A motion was made by Alderman James to approve an ordinance providing for the issuance of Special Service Area Number 2004-107 Special Tax Bonds,Series 2005(Raintree Village II); seconded by Alderman Ohare. The Minutes of the Regular Meetine of the City Council—November 22.2005—Pape 9 Motion approved by a roll call vote. Ayes-6 Nays-1 Besco-nay,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye Alderman James asked for clarification as to where the two items removed from the Consent Agenda were being sent. Mayor Prochaska stated that they would be back on the next City Council meeting agenda Alderman Mums asked the status of the Salary Survey. Mayor Prochaska stated it was on the agenda however it was a discussion item so it will be placed on the appropriate COW agenda for further discussion. ADDITIONAL BUSINESS Parking Ordinance Alderman Munns asked if the Parking Ordinance was moving forward and Alderman Ohare explained it would be on the December 6,2005 COW agenda. City Development Director Mayor Prochaska reported to the City Council that the committee has met and has given recommendations for the City Development Director to him. He has scheduled interviews with the three recommended candidates and he hoped he would have something further to report to the Council next month. Meeting Consolidation Alderman Wolfer asked if the City Council could discuss at an upcoming COW meeting streamlining the committees as Dr.Wood suggested;a three meeting concept with two COW meeting and a City Council meeting. Alderman Burd stated that this is under discussion by the Ad Hoc committee and Drs.Wood and Gabris have been invited to attend to further discuss how _ to implement this. The date of the meeting is pending the availability of the doctors. Alderman Wolfer stated that this concept needs to be implemented because lie felt there were too many meetings each month. Alderman Leslie asked if this concept would eliminate all the committees and Mayor Prochaska stated that this was one of the recommendations. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 87:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on November 22 , 2005 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-777905 reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630.983-6013 www.depocourt.com z 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor ; 3 MR . PAUL JAMES , Alderman; 4 MR . JASON LESLIE , Alderman; 5 MS . VALERIE BURD, Alderwoman ; 6 MR . DEAN WOLFER, Alderman; 7 MR . MARTY MUNNS , Alderman; 8 MS . WANDA OHARE, Alderwoman; 9 MR . JOSEPH BESCO, Alderman; 10 MR . JOHN CROIS , Interim City Administrator ; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 A P P E A R A N C E S : 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 15 Naperville , Illinois 60563 BY : MR . JOHN JUSTIN WYETH , 16 appeared on behalf of the United City of Yorkville , Illinois . 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983- 0030 3 7 (Pledge of Allegiance ) 2 MAYOR PROCHASKA : We do have a 3 couple public hearings . At this time I would 4 entertain a motion to go into public hearing for 5 the purpose of discussing the Wyndham Deerpoint 6 Homes , JS & WD Development, LLC, Harry Anderson 7 and William Galvin, Jr . , Petitioners , request to 8 annex to the United City of Yorkville and rezone 9 from Kendall County A-1 Agricultural to the 10 United City of Yorkville B-2 Service Business 11 District and R-2 One-Family Residence District, 12 and for hearing as to the annexation agreement of 13 the petitioner . 14 The real property consists of 15 approximately 154 acres north of Route 71 and 16 west of Pavillion Road, Kendall Township, Kendall 17 County, Illinois . 18 MR. LESLIE : So moved . 19 MR . WOLFER: Second . 20 MAYOR PROCHASKA: Moved and 21 seconded . May I have roll call , please? 22 MS . MILSCHEWSKI : Besco . 23 MR . BESCO : Aye . 24 MS . MILSCHEWSKI : Leslie . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR. LESLIE : Aye . 2 MS . MILSCHEWSKI : Wolfer . 3 MR . WOLFER : Aye . 4 MS . MILSCHEWSKI : James . 5 MR . JAMES : Aye . 6 MS . MILSCHEWSKI : Ohare . 7 MS . OHARE : Aye . g MS . MILSCHEWSKI : Burd . 9 MS . BURD : Aye . 10 MAYOR PROCHASKA: Motion is carried . 11 We are now in public hearing . I would ask if 12 there is a representative from the petitioner who 13 would like to make a presentation . 14 WHEREUPON : 15 RICH GUERARD, 16 testified before the Yorkville City Council as 17 follows : 18 MR . GUERARD : Good evening, 19 everyone . Rich Guerard from Wyndham Deerpoint 20 Homes . We are partners and developer and 21 actually are the owner of this property, and as 22 the mayor had stated, we are seeking annexation 23 and zoning, which is what is up for tonight . 24 I thought I ' d also show you, Depo Court Reporting Service ( 630 ) 983- 0030 5 1 since a part of that would actually be the 2 preliminary plat and the project itself, briefly 3 describe the project and explain maybe where some 4 — of the differences are now. 5 It ' s been before you a couple 6 of times . The plan is consistent with the City ' s 7 Comprehensive Plan, it was consistent with the 8 concept plan, it was approved before, it went 9 before the Development Committee . 10 We are not seeking any 11 variances from the ordinances , so it ' s presented 12 as a PUD because there is a commercial component 13 that I can talk about . 14 I think one of the things -- 15 You will see two plans here that I ' m showing, and 16 the reason I wanted to show that, the bottom plan 17 is what ' s been presented to the Planning 18 Commission before and what was consistent with 19 the concept plan that you had seen before . 20 We are also proposing some 21 modifications of that based on the hearings that 22 we ' ve had before the City and some of the 23 comments between various Staff and neighbors and 24 other people and have tried to accommodate some Depo Court Reporting Service ( 630 ) 983-0030 6 1 of their concerns . 2 So I would like to explain some 3 of the changes that we made last time in response 4 to this so that you can see that, and I ' ll keep 5 it brief and answer any questions that you may 6 have . 7 A few changes that we have made 8 to this plan -- and we have commonly called it 9 the Chally property. It was made up of a portion 10 of the Chally farm and also part of the Anderson 11 farm. Everything was north of 71 . 12 And then the commercial area 13 over in the corner, there was some concern 14 particularly by a neighbor here that this 15 commercial piece was too close . You ' ll see that 16 we have modified this portion of this . 17 Mr . Chally has retained this 18 property, approximately five acres , so that 19 parcel is not being rezoned commercial and 20 remains a part of his -- of his . farm. 21 Now, north of that is our lots 22 and then that ' s the cemetery to the north . That 23 commercial area is a little bit smaller than it 24 was before, a little more compact, which we do Depo Court Reporting Service ( 630 ) 983-0030 7 1 think better fits the area and what is there . 2 The neighbors in this section 3 had a number of concerns , principally four 4 concerns, that we have tried to address . 5 One of them had to do with 6 stormwater, which they are concerned about 7 because of some flooding that occurs on their 8 properties . 9 We have got along further in 10 the engineering and so we decided, you can see 11 that there is another detention area that ' s right 12 here to address some of these areas , and we 13 continue to work with that . 14 The property will be designed 15 with all of the county ' s and the city ' s 16 stormwater ordinances and be reviewed by all the 17 engineers , the consulting, the city engineers , 18 our engineers , so we will be complying with all 19 of the stormwater issues and concerns . 20 Another concern was this 21 connection . You see here that we had originally 22 proposed a connection into the existing street of 23 this subdivision, and there was a lot of concern 24 and really I would say objection about that, by Depo Court Reporting Service ( 630 ) 983-0030 8 1 the existing homeowners . 2 In reviewing it , I think we 3 have six other entrances into this subdivision . 4 We didn ' t see any reason why we needed a road 5 that goes through their subdivision, so that ' s 6 been taken out . That no longer is existing in 7 there . g We feel like there is plenty of 9 access . This has an access to the north through 10 this subdivision, there is another access on 11 Pavillion, there is two accesses onto Route 71 , 12 in addition to the other future ones that have 13 been planned . So that ' s been removed . 14 And the final concern that was 15 raised was the size of the lots . They were 16 interested in seeing larger lots . This is a 17 county subdivision with lots I think that go Is anywhere from an acre to two or two and a half 19 acres , depending upon whether it ' s a pie-shaped 20 lot . 21 And we had larger, deeper lots 22 there, but now what we have done, we have gone 23 through and taken out more lots , and these lots 24 that all abut that subdivision are a minimum of Depo Court Reporting Service ( 630 ) 983-0030 9 1 20 , 000 square feet , and their average is about 2 24 , 000 square feet, so they are really 3 estate-sized lots , for -- well , for a sewer and 4 water lot , an average of 24 , 000 square feet is 5 pretty large lots , and they are also a minimum of 6 200 feet deep, so they are deeper than our normal 7 lots that we have . Our normal lots would be from 8 125 to 150 , and these are 200 . g The rest of the lots we see 10 here , these are 90-feet widths , and these small 11 ones here are 12 , 000 square -- I mean, 80 foot, 12 but they all exceed 12 , 000 square feet . And I 13 think the average among those lots is like 14 , 000 14 square feet . 15 So, once again, we are not 16 looking for any type of variances from lot sizes , 17 significantly larger than your requirements on 18 average . 19 We have a few other things , one 20 is this park . You ' ll see the park is here . We 21 had three lots along the north edge of the park 22 up here . We decided to go ahead and take those 23 out, although the Park District didn ' t ask us to, 24 it makes a larger park . It ' s increased it by Depo Court Reporting Service ( 630 ) 983-0030 10 1 about 50 percent , and now we don ' t have lots 2 backing up , it ' s all street sided . 3 One of the advantages that 4 gives is parking . When people -- As you know, 5 when the parks get active , people can park all 6 along there . We don ' t have any loaded lots on 7 that park, it ' s all single loaded, and there will 8 be able to be much more parking and ease of use . 9 This is also another park down 10 here , we talked to the Park District about it . 11 It contains some trees and has some usable park 12 space and then some has trees , so we are going to 13 get a mixed credit from that , but we have kept 14 that park in that location also . So I think 15 that ' s a pretty good summary . 16 I mean, we ' ve kept -- You don ' t 17 see it here very well , but there is planned a 18 trail system that takes it all the way through 19 the property . It ' s the same as that you saw 20 before . 21 It will connect the property 22 that we are going to talk about next to the south 23 and also connects to the property to the north . 24 And I think in summary that ' s Depo Court Reporting Service ( 630 ) 983- 0030 11 1 it . I ' d be happy to it answer any questions that 2 you might have . As I said, I know it ' s for 3 annexation and zoning, not for preliminary plat , 4 but I wanted to show you where we are at in the 5 current proposals . 6 MAYOR PROCHASKA: I ' d open the floor 7 to anyone that would like to come forward and 8 question the petitioner or give comment to City 9 Council . Please come forward, state your name . 10 WHEREUPON : 11 RANDY SCOTT, 12 testified before the Yorkville City Council as 13 follows : 14 MR . SCOTT : My name is Randy Scott , 15 I live at 45 Highview Drive . Some of you have 16 seen me here before , some of you may not . 17 I ' m sure you recall the 18 petition; I don ' t know how many people got the 19 petition that we delivered to the Plan 20 Commission . If anybody needs a copy of it , I 21 have it . All of the homeowners that adjoin this 22 property -- I shouldn ' t say all of them . 23 Rephrase that, a majority of them, and they were 24 here at the first Plan Commission meeting . Depo Court Reporting Service ( 630 ) 983-0030 12 1 Unfortunately the timing 2 tonight of this meeting doesn ' t allow for all of 3 our friends to be here , but we support them . 4 So does anybody need a copy of 5 that or did you all get a copy? 6 MR . WOLFER : I ' d like a copy . 7 MAYOR PROCHASKA : We need to put a 8 copy to the clerk for the minutes . 9 MR . SCOTT : You will note in 10 reviewing these that everybody -- well , most -- I1 here again, let me correct my language . I ' m 12 sorry . 13 Most everybody that adjoined 14 these property -- this property here has signed 15 that . We are opposed to the density . We are 16 concerned about the run-off . 17 Yes , they have addressed some 18 of the issues , there is no question about that , 19 and for that we give thanks . We appreciate that . 20 But you check the addresses 21 there . I don ' t know if anybody ever has the time 22 or if you go through and do all that . You will 23 see what we are talking about . 24 One concern I have that I ' d Depo Court Reporting Service ( 630 ) 983-0030 13 1 like to show on this map is I live right here at 2 45 Highview, and these lots are going to have to 3 be scooted over a little because I personally 4 have a 940-foot easement down here that ' s 22 feet 5 long . That ' s going to affect the backup of these 6 lots . 7 Now, earlier we had talked 8 about the possibilities of putting a berm in 9 there between those . We also talked larger lots . 10 Yes , they increased the lot sizes . That ' s great . 11 Many concerns , though . We ' ve 12 got these size lots with these backing up . The 13 infrastructure, I just don ' t -- We are concerned 14 about being able to handle all the roads . 15 As you know, Yorkville is 16 getting to be -- Yorkville is booming, okay? We 17 can ' t handle the traffic we ' ve got . The density 18 that we are putting in the town here and 19 everything we ' re doing, our roads are just 20 over-burdened . 21 This commercial area, yes , 22 that ' s been corrected, but we ' ve got another 23 development going up here where there is homes 24 going in . We have got the fairgrounds up here . Depo Court Reporting Service ( 630) 983-0030 14 1 I would like the Council to 2 consider rethinking how some of this stuff is 3 going to wrap around there . 4 Once again, we talked about 5 drainage, we talked about larger lot sizes . They 6 did change the through streets . 7 Some of these other 8 subdivisions , now I know that coming up in this 9 across the road there is going to be one-acre 10 home sites . Why can ' t we have one-acre home 11 sites on our side of the road? 12 Drainage , I don ' t know if any 13 of you saw the drainage situation . I won ' t pull 14 these out unless there is a need to . Has 15 everybody seen the pictures of the water? If you 16 have not, I think that you should see them. 17 If I may here . Now, 18 unfortunately, I don ' t have good pictures of 19 everybody ' s property, but the waters flow through 20 there pretty rapidly . 21 It is good to see this here , 22 that they have corrected some of that there . 23 There is tons of water that comes through here, 24 but now when you get down here and you open these Depo Court Reporting Service ( 630 ) 983-0030 15 1 creeks or these -- they drain off into the creek, 2 that creek needs to be cleaned out . That creek 3 is plugged all the way to the river . That ' s 4 another reason we flood out there . 5 So if we put these in here and 6 we overflow into the creek and you follow that on 7 down to the river, that ' s part of the reason we 8 flood. The other reason is because of the tiles 9 in the field and such out here . 10 Our concern is with this 11 density, with the asphalt , the concrete , the 12 homes , the development , that there ' s going to be 13 more of a problem. 14 This was 2004 . Water 15 completely circled my house, and I live very high 16 up here by the cemetery . There was run-off 17 through here , circled around my house , blew the 18 basement window out . I had four inches of water 19 in my basement . I can pass these around if you 20 like . 21 And this is down -- this is 22 down at the end of the subdivision where that 23 road was going to go through right down in here . 24 I mean, we have nothing but Depo Court Reporting Service ( 630 ) 983-0030 16 1 floods . Nothing but floods . So I ask that if 2 you do approve this , should you approve this , you 3 take a look at all these things . You look at 4 this very carefully . 5 You come out there on a rainy 6 day . It is just unbelievable . The creek is 7 going to have to be cleaned out before you put 8 this in . It ' s full of trees . It ' s a mess . The 9 Fox Road there , it ' s terrible . It ' s terrible . 10 Don ' t get me wrong , we like it 11 there, but I don ' t know, just many, many , many 12 issues . 13 Shadow Creek, Schaefer Woods , 14 there is plenty of places around, you all know 15 the areas , they ' ve all got large lots . 16 I feel we ' re going the right 17 direction, I think they have made some positive 18 steps with the changes , I don ' t want to discredit 19 anything that they have done , but I just ask that 20 ' you consider all these things . 21 And really, really what would 22 be ideal , put yourself in some of these people ' s 23 spot , you know? You ' ve got one-acre lots or two 24 in some cases , these lots up here are larger Depo Court Reporting Service ( 630 ) 983-0030 17 1 backed up to this . 2 How about a berm there? What ' s 3 going to happen to my easement that I have? 4 That ' s recorded . That ' s a recorded deed. You 5 can check on it at the courthouse . That goes 6 down there , okay? 7 These are some questions I 8 have . These are questions that some of my 9 neighbors have . These are things we have all 10 talked about , and I ask that you consider these . 11 MAYOR PROCHASKA : Thank you . 12 MR . SCOTT : And I thank you very 13 much . 14 MS . BURD : Can I ask him a question? 15 MAYOR PROCHASKA : Hear their 16 testimony first . Is there someone else that 17 would like to come forward and testify? Sir . 18 WHEREUPON : 19 JIM LEE, 20 testified before the Yorkville City Council as 21 follows : 22 MR. LEE : Hi . I ' m Jim Lee . I live 23 up here on 71 . If I could go over there on the 24 map . Depo Court Reporting Service ( 630 ) 963-0030 18 1 , I ' ve just got some concerns . 2 What ' s going to happen with the creek that runs 3 through, Timber Creek, and comes here ? It shows 4 it dead-ends . What are they going to do with the 5 creek there with the water? 6 Also, up here , this is good, 7 they have the lake here , but I have water that 8 comes off of Mr . Chally ' s and runs down to my 9 property and then comes back in . Is that going 10 to continue or -- 11 MR . GUERARD : I can give you an 12 overview of what will happen , and we will be 13 capturing the water that comes on our project and 14 then managing it , and so it won ' t be going on and 15 off our property onto yours . It will be captured 16 before that happens . 17 MR . LEE : Now, is there like an 18 overflow on this lake? 19 MR . GUERARD : Yes , there will be 20 one . 21 MR . LEE : And where will that go to? 22 MR . GUERARD : Goes to this pond and 23 then out . 24 MR . LEE : Okay . All right . What Depo Court Reporting Service ( 630 ) 983-0030 19 1 are we going to do down here with this creek? 2 What are we going to do with that? Timber Creek 3 meets up with this creek . 4 MR . GUERARD : I would say to you 5 this is the zoning and the annexation, and so 6 there will be -- there is two other whole 7 processes to go through, preliminary plat will 8 have a lot more detail, the stormwater study and 9 all the things that you are asking for . 10 Then there is another level of 11 final engineering that also comes back through 12 here , so those answers will be much better 13 detailed and presented later on, and all that 14 works to accomplish it . 15 So something might have to 16 change here because of that if the engineering 17 dictated that, but it will be addressed . I mean, 18 the City has very strict ordinances about 19 stormwater . 20 MR . LEE : okay . All right . And the 21 same thing then with cleaning the creek? 22 MR . GUERARD: Anything that would 23 have to happen, it ' s our -- 24 MR . LEE : That ' s just my concern, Depo Court Reporting Service ( 630 ) 983-0030 20 1 you know, because it ' s -- there ' s a lot of 2 water -- as Randy said, there ' s a lot of water 3 that moves around that area . 4 UNIDENTIFIED AUDIENCE MEMBER : Well , 5 the lake over on the other side of the road . 6 MAYOR PROCHASKA: Sir, sir, one at a 7 time . You are welcome to come up in a moment if 8 you would like . Thank you . 9 MR. LEE : That ' s all I have to ask . 10 MAYOR PROCHASKA : And, again, it ' s 11 not that I don ' t want you to speak, but again, we 12 have a court reporter that ' s trying to take 13 everybody ' s discussion . 14 If we have a couple people 15 talking at one time , it ' s hard for her to do 16 that, so we need to be aware of that . 17 Is there someone else that 18 would like to come up and comment? Sir . 19 WHEREUPON : 20 MOLA RAFIEI , 21 testified before the Yorkville City Council as 22 follows : 23 MR . RAFIEI : Hi . My first name is 24 Mola, my last name is Rafiei , R-A-F-I-E-I , and I Depo Court Reporting Service ( 630 ) 983-0030 I 21 I 1 live at 6 Hillside Drive . 2 I believe Randy had a lot of 3 good points regarding what ' s going on right now 4 in our subdivision, but the other problem we have 5 is this creek . 6 This creek runs actually 7 through private properties , it goes through 8 people ' s back yard, and what ' s going to happen if 9 it ' s going to overflow? People ' s back yard is 10 pretty much -- it ' s gone . 11 You are going to have a flood 12 in your back yard, okay, because of overflow from 13 this subdivision going to the private properties , 14 okay? Now -- 15 MAYOR PROCHASKA : That ' s a concern . 16 MR. RAFIEI : That ' s my concern . 17 Now, I know the growth is coming . I don ' t have 18 nothing about growth and I love growth, as long 19 as it ' s sensible and under control . 20 But here we have a school 21 system -- We have a problem already, okay? I ' m 22 also certain pretty much everybody read the 23 dialogue, okay? 24 We have a school system that ' s Depo Court Reporting Service ( 630) 983-0030 22 1 overloaded already . The school system is 2 actually choking , okay? You ' ve got average class 3 size of 30 to 35 students . 4 The test for the -- it was a 5 state test , we didn ' t do -- our school system 6 didn ' t really do good in that , okay, because of 7 the -- they were talking about the school size -- 8 the class sizes and so forth . 9 Now, we have the new school 10 that they are building in Grande Reserve , and 11 that ' s the board, from Dr . Engel , okay, they 12 don ' t have enough money to open that school 13 because -- You know, there is two choices , okay? 14 Don ' t open the school or raise the taxes . That ' s 15 going to come -- the referendum is coming in 16 March I believe . 17 Now what they ' re going to do? 18 If this pass , okay, I guess it ' s going to help . 19 If it didn ' t pass , what ' s going to happen? 20 MAYOR PROCHASKA : That ' s not this 21 meeting, sir . We want to stay on -- 22 MR . RAFIEI : Well , this is 23 basically -- It ' s going to be all connected to 24 each other , okay? Now, if it did pass , okay , Depo Court Reporting Service ( 630 ) 983- 0030 23 1 what are we going to do? 2 Are we taxing the senior 3 citizen that are in the fixed income out of the 4 city? Are we going to do that? 5 Now, what ' s going on in this 6 subdivision? It ' s just too crowded, too many 7 houses . g How about when you set up R-2 , 9 straight R-2 ? How about a park? How about the 10 park? How about instead of giving -- I know 11 Chuck is a nice guy, no problem with him. 12 How about instead of giving it 13 straight R-2 to this subdivision, okay, every lot 14 in this subdivision is one acre or two acre or 15 two and a half acre lots , okay? 16 Instead of giving an R-2 , how 17 about a PUD, planning unit development , okay? 18 And then you have the control , okay? 19 You have the control . You can 20 dictate what type of lots go on there . If it ' s 21 going to be a straight R-2 , you don ' t have no 22 control anymore . You lost your control . You 23 cannot dictate anything . You cannot . 24 Technically you cannot . Depo Court Reporting Service ( 630 ) 983-0030 24 1 MAYOR PROCHASKA: Well , sir, just to 2 answer that particular question, in the City of 3 Yorkville , whether it ' s a PUD -- and we ' ve done 4 many PUD ' s in the City of Yorkville, so we are 5 quite familiar with them, and the other issue 6 that we have in Yorkville that many other towns 7 don ' t have is regardless whether it ' s a PUD or 8 straight zoning, there is always , always , an 9 annexation agreement that sets the requirements 10 and standards . 11 MR . RAFIEI : Okay . Same track . We 12 are on the same track, okay . 13 MAYOR PROCHASKA: Okay . 14 MR . RAFIEI : And, therefore , I 15 really don ' t think that you should approve this 16 subdivision for R-2 , okay? If you approve it , it 17 should be planned unit development . 18 MAYOR PROCHASKA: Okay . 19 MR . RAFIEI : That ' s it . 20 MAYOR PROCHASKA: Thank you . Anyone 21 else? Yes , sir . 22 WHEREUPON : 23 MIKE STODDARD, 24 testified before the Yorkville City Council as Depo Court Reporting Service ( 630 ) 983-0030 25 1 follows : 2 MR . STODDARD : My name is Mike 3 Stoddard . I reside at 110 Hillside Drive . And 4 I ' m not going to sit here and beat the lot sizes 5 to death . 6 I mean, everybody in our 7 subdivision wants to see these lots much, much 8 larger than what they are . 9 And the only point I ' d like to 10 make is the reason that all of this growth is 11 coming, and certainly everybody wants to welcome 12 the new people that are coming here, and they are 13 moving here because it is a fine community, and I 14 enjoy living here and have for a long time , and 15 some people have lived here for a lifetime . 16 Let ' s remember the people that made it a nice 17 community. 18 MAYOR PROCHASKA : Thank you . Anyone 19 else ? 20 (No Response) 21 MAYOR PROCHASKA : At this time , if 22 someone on the council , Val , you had a question? 23 MS . BURD : I would like to ask this 24 gentleman . Depo Court Reporting Service ( 630 ) 983-0030 26 1 MAYOR PROCHASKA : Sure . That would 2 be Randy . 3 MS . BURD : You mentioned the berm, 4 you were still interested in having the berm put 5 in, and I thought that we had discussed that at 6 one of the other meetings and it had been 7 mentioned that that would interfere with the 8 water flow . 9 I mean, wouldn ' t that actually 10 trap the water on your side of the berm? 11 MR . SCOTT : I know we talked about 12 it , but I don ' t recall the outcome of it . I ' m 13 sorry. 14 MS . BURD : Okay . Well , wouldn ' t 15 that trap the water on your side of the berm? 16 The problem is you have water on your property 17 and it ' s not water flowing from there to you, 18 isn ' t it from you to them? 19 MR . SCOTT : Well , actually where it 20 comes from is up here , in this area here , comes 21 from behind the cemetery and comes out -- and I 22 don ' t know the people -- I don ' t know if it comes 23 out on Jeff and Beth ' s property, but also on the 24 property next to theirs , it comes out from the Depo Court Reporting Service ( 630 ) 983-0030 27 1 field and up here by the cemetery and up by 2 Mike ' s house , it comes out back here , mostly and 3 comes down through . If they stop it here, it ' s 4 going to follow on down . 5 MS . BURD : Well , is it then on your 6 side of the berm? 7 MR. SCOTT : It will be -- No . If 8 they put the berm on the line, no . 9 MS . BURD: Then it would be on your 10 side? 11 MR . SCOTT : Yeah . 12 MS . BURD : Okay . That ' s what I was 13 wondering . If they put a berm in, if it would 14 stop the flow of water . 15 MR . SCOTT : It would -- You would 16 have to redirect it , right? 17 MR . GUERARD : Yeah . To -- Haven ' t 18 asked the question, but as far as responding, it 19 was brought up, the question about a berm, and we 20 took a look at it , and what we decided to do was 21 rather than the expense of the berm, take out 22 lots and make bigger lots , and for a couple of 23 reasons . 24 One is I am very concerned, the Depo Court Reporting Service ( 630 ) 983-0030 28 1 water is across the backs of quite of few of 2 these lots , and it also comes up around in here 3 again, you have the same situation . 4 If you start to build a large 5 berm and it runs all the way around this 6 property, it seems to me it would exasperate the 7 stormwater instead of helping at all . 8 These are -- You know, this was 9 before stormwater regs , so there is no detention 10 in this subdivision, and then right now there is 11 nothing in this farm field . 12 The whole thing flows right 13 into -- you know, all together, there is no 14 controlled system, so -- And I know the City -- I 15 can ' t speak for the City engineer , but he was 16 here for the Planning Commission, and I think he 17 agreed that the stormwater system will 18 dramatically improve the stormwater system here 19 when it ' s designed and put in . 20 And I know you ' ve all seen it 21 before and experienced it , it always does . I 22 have been building subdivisions for 20 years . I 23 have never ever built a subdivision under these 24 codes that doesn ' t dramatically improve all the Depo Court Reporting Service ( 630 ) 983-0030 29 1 stormwater around it because they design for 2 about 150 percent of the actual flows that they 3 anticipate to catch up with some of the situation 4 that has happened in past years . 5 MS . BURD: And that would also 6 address the one gentleman ' s concern about the 7 flooding in his back yard? Because you can ' t -- 8 isn ' t that correct , you can ' t allow water to go 9 flooding off into another -- 10 MR. GUERARD : Right, you can ' t . We 11 have to capture it and manage it and then control 12 it . 13 MR . SCOTT : This project is going to 14 be quite a challenge . I have talked with Richard 15 on several occasions . 16 There are drain tiles that come 17 out here , and if we were to, I don ' t know, 18 whatever, re-engineer this , stop this here and 19 then come out down here by Nick ' s property here, 20 he ' s got -- 21 MR . STODDARD : Two . 22 MR. SCOTT : How many do you got? 23 MR . STODDARD : Two . 24 MR. SCOTT : The trade is to catch Depo Court Reporting Service ( 630) 983-0030 30 1 that , but then our next concern is even if we 2 don ' t go with a berm is after you do put it here , 3 obviously I know we have had overflows , but put 4 it into the creek . 5 If you put it into the creek, 6 you should have somebody clean the creek first 7 because it doesn ' t handle what we ' ve got now, and 8 I realize, yeah, you ' ll be taking some of that 9 away, and I appreciate your comment there . 10 There will probably always be 11 water in here because there wasn ' t any codes when 12 this was set up . We don ' t have enough streets 13 and sewers . 14 The county was kind enough to 15 help me with my property . I ' m sure there is 16 people in this room that know that , that want 17 this work here, and you know why they went with 18 this work in my yard? They helped me pay for 19 this . 20 I didn ' t think some of my 21 neighbors knew this , but they did, and if you 22 want -- I don ' t know if you want to pass this 23 around or not, but they did that because somebody 24 made a mistake, and the reason we keep bringing Depo Court Reporting Service ( 630 ) 983- 0030 31 1 it up and bringing it up to you, Richard, and to 2 you folks , is you know what water can do . 3 There ' s always a hundred year 4 rain that nothing is going to work, we all know 5 that, but if we plan accordingly, we appreciate 6 the fact that we all can work together to make it 7 manageable . And I thank you . 8 MR . GUERARD : And this is -- Much of 9 what he said we are aware of and are working 10 with -- the drain tiles , for instance , we have 11 done a detailed drain tile study of this whole 12 area to know where the drain tiles are , and under 13 your ordinances , we have to deal with those , they 14 have to be connected, they have to -- we can ' t 15 simply break them and disconnect them. 16 We have to take that water and 17 manage it, too, so I mean, all of these things 18 that you are saying is part of the engineering 19 that has to be done . 20 MR . SCOTT : One other thing I ' d like 21 to add to you, Richard, and to you folks if I may 22 while we are on this , some of us , well, I for 23 one, sump pumps , we run them out in our back 24 yard, and now because we have no drainage for our Depo Court Reporting Service ( 630 ) 983-0030 32 1 property, whereas before, you know, you could 2 pretty much let everything fly, what ' s probably 3 going to happen is the county or somebody ' s going 4 to -- or the township is going to have to come in 5 provide more drainage for those of us that have 6 sump pumps . 7 You are going to have another 8 situation there because, yeah, back to what you 9 said, we can ' t manage the water we ' ve got, and 10 that ' s why we ' re really concerned about extra 11 water and extra run-off . 12 MAYOR PROCHASKA : Thank you . 13 MS . BURD : I have one more comment 14 and I will make it quick . For the gentleman who 15 was mentioning about the school district 16 problems , we had brought up as a council a 17 possibility of having a moratorium on development 18 in our community, and the school district 19 informed us that they were not in favor of that , 20 so we can ' t secondguess how they want to approach 21 the growth, but they do not want us to have a 22 freeze on growth in the community . 23 From what I understand, they 24 want more rooftops so that commercial will come Depo Court Reporting Service ( 630 ) 983-0030 33 1 in and they will get more sales tax and that kind 2 of thing . Is that correct? 3 MAYOR PROCHASKA: Well , I think part 4 of it also, trying to think back to that meeting, 5 was -- one of the things they commented on was 6 the City of Yorkville is only one community 7 that ' s putting school children and houses into 8 the school district, and when you look at the 9 quality and the densities that we are approving 10 in Yorkville , we are much lower than some of the 11 other communities that are going in, and we are 12 at the same time working with developers to build 13 the schools and provide space, so I think that 14 was part of their thought also . 15 MS . BURD : But they did not want us 16 to -- 17 MAYOR PROCHASKA : They were not for 18 us to stop the growth, no . 19 MS . BURD : Which surprised me , but 20 that was their position . 21 MR RAFIEI : Strange . 22 MAYOR PROCHASKA: Is there anyone 23 else on the council that would like to make 24 comments ? Depo Court Reporting Service ( 630 ) 983-0030 34 1 (No Response ) 2 MAYOR PROCHASKA : If not , I have a 3 couple comments , Rich, on the actual annexation 4 agreement itself . 5 First , if you go on Page 14 of 6 your capture agreements , I just want our staff to 7 verify because it says that there is no other 8 recapture known, and I ' m not sure if this 9 property was part of -- there was I think a water 10 main and river crossing many years ago and I just 11 don ' t know how far that went . I just want to 12 make sure that we verify that that ' s not in 13 there . 14 MR . GUERARD : I remember the river 15 crossing well -- 16 MAYOR PROCHASKA : That ' s right . 17 MR . GUERARD : -- since I paid for a 18 lot of it . 19 MAYOR PROCHASKA : So I just want to 20 know whether that ' s in there or not . 21 The other issues I have is on 22 the next one , when you talk about special service 23 area as a primary funding for the common -- 24 maintenance of the common areas and facilities , Depo Court Reporting Service ( 630 ) 9B3- 0030 35 1 normally we don ' t make that the primary, it ' s the 2 secondary and it ' s a backup . 3 The way I am reading this is 4 that basically you ' d be turning all the common 5 areas and everything over to the City and it 6 would be up to the City to determine if a 7 homeowner ' s association is created . 8 MR . GUERARD : We are not intending 9 that unless the City requests it . It is just a 10 backup . 11 MAYOR PROCHASKA : And then I think 12 someone needs to look at the wording here , that ' s 13 not what I am reading . 14 MR. GUERARD : We are not proposing 15 an SSA for this project . That ' s not part of our 16 annexation agreement . 17 MAYOR PROCHASKA: Actually it is . 18 That was going to be my next statement , is on 19 Page 16, it does say that the owner and developer 20 and their successor grantees agree to properly 21 establish a special service area . The City is 22 named, also . The site of the property utilized 23 as a primary funding mechanism for certain 24 eligible structure costs . So that is -- Depo Court Reporting Service ( 630 ) - 983-0030 36 1 MR . GUERARD : We are withdrawing 2 that request . 3 MAYOR PROCHASKA : Thank you . I had 4 that marked on here . 5 And then the other -- the only 6 other thing I had marked on here , Rich , is on 7 Page 17 , talking about the off-site easements and 8 construction . 9 It talks about the City 10 would -- that if you could not get off-site 11 easements , that the City -- it says shall 12 exercise its power of eminent domain to acquire 13 the same . 14 You are aware of our new city 15 policy, the only way we will do that is if it ' s 16 for public infrastructure . 17 So, again, that would actually 18 be for things dealing with economic development . 19 MR . GUERARD : We understand that . 20 MAYOR PROCHASKA : Okay . Those are 21 the things that I just wanted to point out that 22 we ' ll change , and just for the record, these 23 are -- I think your other annexation agreement is 24 almost exactly the same, so it ' s the same Depo Court Reporting Service ( 630 ) 983-0030 37 1 comments . 2 MR . GUERARD : Correct . It is . 3 MAYOR PROCHASKA: Thank you . Anyone 4 else? 5 (No Response) 6 MAYOR PROCHASKA : And just also as a 7 point, I am thinking maybe what I ' d like to see, 8 and the Council, you know, you guys can decide, 9 but as far as the special service areas for 10 improvements , I am thinking that I would like to 11 not see anything stronger than maybe what was put 12 in the Pulte agreement that just says they are 13 allowed to ask until such time as the Economic 14 Development Committee has a chance to do the 15 research they are doing . to make their 16 recommendations to the City Council, because I 17 think at this point that ' s kind of still up in 18 the air . So if you are pulling it, as long as 19 it ' s gone , it ' s not an issue here . 20 If there is no further comment , 21 I would entertain a motion to close the public 22 hearing . 23 MS . BURD : So moved . 24 MS . OHARE : Second . Depo Court Reporting Service ( 630 ) 983-0030 38 1 MAYOR PROCHASKA : Moved and second . 2 May I have roll call , please ? 3 MS . MILSCHEWKKI : Besco . 4 MR . BESCO : Aye . 5 MS . MILSCHEWSKI : Leslie . 6 MR . LESLIE : Aye . 7 MS . MILSCHEWSKI : Wolfer . 8 MR . WOLFER : Aye . 9 MS . MILSCHEWSKI : James . 10 MR. JAMES : Aye . 11 MS . MILSCHEWSKI : Ohare . 12 MS . OHARE : Aye . 13 MS . MILSCHEWSKI : Burd . 14 MS . BURD : Aye . 15 MAYOR PROCHASKA : Motion is carried . 16 I would now like to entertain a 17 motion to open a public hearing to discuss JS & 18 WD Development , LLC , Harry Anderson and William 19 Galvin, Jr . , Petitioners , request to annex to the 20 United City of Yorkville and rezone from Kendall 21 County A-1 Agricultural to United City of 22 Yorkville R-2 One-Family Residence District , and 23 for hearing as to the annexation agreement of 24 petitioner . Depo Court Reporting Service ( 630 ) 983-0030 39 1 The real property consists of 2 approximately 178 . 3 acres south of Route 71 and 3 west of Legion Road, Kendall Township, Kendall 4 County, Illinois . 5 MS . BURD: So moved . 6 MS . OHARE : Second . 7 MAYOR PROCHASKA : Moved and 8 seconded . May I have roll call, please? 9 MS . MILSCHEWSKI : James . 10 MR . JAMES : Aye . 11 MS . MILSCHEWSKI : Leslie . 12 MR . LESLIE : Aye . 13 MS . MILSCHEWSKI : Munns . 14 MR. MUNNS : Aye . 15 MS . MILSCHEWSKI : Ohare . 16 MS . OHARE : Aye . 17 MS . MILSCHEWSKI : Wolfer . 18 MR . WOLFER : Aye . 19 MS . MILSCHEWSKI : Besco . 20 MR. BESCO : Aye . 21 MS . MILSCHEWSKI : Burd . 22 MS . BURD : Aye . 23 MAYOR PROCHASKA : Motion is carried. 24 We are now in public hearing, and, Rich , if you Depo Court Reporting Service ( 630 ) 983-0030 40 1 would like to make a presentation . 2 WHEREUPON : 3 RICH GUERARD, 4 testified before the Yorkville City Council as 5 follows : 6 Thank you, everyone . For the 7 record, my name is Rich Guerard, appearing on 8 behalf of Wyndham Deerpoint and the development 9 of this project , which we have named Yorkwood 10 Estates . 11 The mayor described the project 12 and where it ' s located . It ' s approximately 178 13 acres , and once again this has appeared through 14 the concept plan process through the Community 15 Development Committee , and we are substantially 16 in conformance . 17 What I would like to do, once 18 again we are proposing some changes based on what 19 we have heard at the Planning Commission and from 20 neighbors and some other issues , and maybe I 21 could go through and talk about that . 22 But quickly an overview of the 23 project , the primary differences of the project 24 before , the lower here , is the project that we Depo Court Reporting Service ( 630 ) 983- 0030 41 1 presented at the Planning Commission and looked 2 at , and once again the lots at the south are 3 minimum half acre lots . 4 This is a treed area and 5 what -- our plan here is that this is shown as 6 PUD, although we are requesting no variances from 7 your ordinances . 8 The reason is we have two 9 different sized lots , so we include it as a PUD, 10 although it really is all R-2 zoning . 11 And what we have done here on 12 the south portion of it , as you said, there is 13 minimum half acre lots ; on the north portion of 14 it we had proposed this lighter yellow, which 15 were 10 , 000 square foot lots , and the darker 16 orange, which is a 12 , 000 square foot lot, with a 17 concept that all of these other ones were located 18 on significant open space . 19 The project now has -- just 20 approximately 47 percent of the project has been 21 put into open space , and the major changes we 22 have done , you can see -- this is to be a custom 23 home building area . 24 Our plan is to physically put Depo Court Reporting Service ( 630) 983-0030 42 1 in the improvements and sell custom home lots in 2 this area . We anticipate those homes will 3 probably be in the 600 to $ 900 , 000 range on the 4 custom homes , so -- and it is -- As I said, it ' s 5 in an area -- We have moved back . You can see 6 these lots located here . This area in the center 7 was really hard to use and we are going to 8 protect the trees , so we have made this a bigger 9 area where there is a fine grove of tree stand in 10 there, so we made it bigger to be able to save 11 more of the trees . 12 The property itself -- The 13 reason to go with larger lots in here , half acre 14 lots , we ' ve got a subdivision very similar to 15 this that ' s under construction in Elgin, that ' s 16 going to be the Home Builders ' show next year, 17 and by doing this with some conservation design 18 type of principles , we are able to -- meaning a 19 lot of it has to do with not mass earth work and 20 how we are designing to protect the trees , we are 21 literally planning to build the houses into the 22 trees and have the building plans decided before 23 we start going through the plans , so not only do 24 we save the trees in the open areas that are Depo Court Reporting Service ( 630 ) 963- 0030 43 1 being protected, but we also have a significant 2 amount of trees that will remain within the 3 project itself , within the homes . 4 If we were to go to the ten or 5 12 , 000 square foot lots and mass grade , between 6 the mass grading and the sewer and the water that 7 has to go in , it ' s almost impossible to save the 8 trees . You end up clear-cutting the area . 9 Whereas in this case, we will 10 be able to preserve a large amount . There is a 11 similar subdivision, it ' s called Tall Oaks , in 12 Elgin . If anybody wanted to see it , you could 13 see how much can be preserved if you handle it 14 the right way . 15 So that ' s what ' s proposed to 16 the south with these lots . We have taken out 17 about eight lots I think from this portion -- 18 from this project before, and that has to do with 19 what we are trying to do to preserve some of the 20 larger areas there . 21 And that ' s a detention . One of 22 the neighbors had pointed out there is a 23 significant amount of water through here at 24 times , so -- because of the creek, and we were Depo Court Reporting Service ( 630 ) 983-0030 44 1 studying that and we have increased the amount of 2 detention in that area to deal with that, and so 3 that engineering will continue . 4 Then north what we have done , 5 particularly the Planning Commission still didn ' t 6 feel comfortable with the 10 , 000 square foot lots 7 even on the open space , and now the minimum lot 8 size is 12 , 000 square feet , so we have no 10 , 000 9 square foot lots anymore . So, once again, this 10 conforms with your Comprehensive Plan . 11 The actual density on this 12 whole site is one per acre . Now, the lots are 13 really kind of the same size as the other lots on 14 the north side here , they are minimum half acre 15 lots , but because of the 40 percent open space -- 16 and that ' s dictated a lot by the nature of the 17 sites . There is a lot of areas there that need 18 to be preserved . It wasn ' t all farm land that 19 was on this property or is on this property now . 20 So that ' s kind of a quick 21 summary . As I said, you know, there is also a 22 park that we have met with the park district here 23 on this area . 24 It ' s a natural location for the Depo Court Reporting Service ( 630 ) 983- 0030 45 1 park because as you drive in you have an overlook 2 on all of this open area and the subdivision will 3 come right to the park here , and then you can see 4 that trail system we talked about that will go 5 north through the Chally portion . 6 This is part of the city ' s 7 long-range plan, and it is a trail system that 8 connects down here and goes all the way through 9 the project . 10 We will connect to that project 11 and then go all the way up through the trail 12 system, with the bike trail system, and we have 13 run that by the park district also as far as the 14 site . 15 And I think I ' ve given you a 16 pretty quick summary . Not a whole lot has 17 changed, except we made some bigger lots and took 18 some lots out . 19 We planned this to be a 20 high-end subdivision. Be happy to answer any 21 questions that you might have . 22 MAYOR PROCHASKA: At this time I 23 would like to open the floor to anybody that 24 would like to come forward and make comment on Depo Court Reporting Service ( 630 ) 983-0030 46 1 this particular subdivision . 2 (No Response ) 3 MAYOR PROCHASKA : Hearing none , is 4 there any comments from the City Council ? 5 (No Response ) 6 MAYOR PROCHASKA : Okay . Rich , just 7 again a reminder that most of the comments I had 8 on the other annexation agreement also apply to 9 this . 10 MR . GUERARD : The wonders of word 11 processing , I used Patel to do the other one , so 12 I understand . 13 MAYOR PROCHASKA : With that , I would 14 entertain a motion to close the public hearing . 15 MR . BESCO : So moved . 16 MS . OHARE : Second . 17 MAYOR PROCHASKA: Moved and 18 seconded . May I have roll call , please? 19 MS . MILSCHEWSKI : Leslie . 20 MR . LESLIE : Aye . 21 MS . MILSCHEWSKI : Munns . 22 MR . MUNNS : Aye . 23 MS . MILSCHEWSKI : Ohare . 24 MS . OHARE : Aye . Depo Court Reporting Service ( 630 ) 983-0030 47 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER : Aye . 3 MS . MILSCHEWSKI : Besco . 4 MR . BESCO : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : James . 8 MR . JAMES : Aye . 9 MAYOR PROCHASKA : Motion is carried . 10 (Which were all the 11 proceedings had in 12 the public hearings . ) 13 ---000--- 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 48 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my an this _ day of 16 L , 2006 . 17 18 19 20 -- — — H ------- S IN VITOSH, C . S . R . 21 CSR License No . 084 -002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council Multi-Page°S $900,000 - concerns November 22, 2005 among[1) 9:13 47:3,4 40:18 41:21 _$_ amount[4) 43:2,10,23 Beth's[11 26:23 Cheek[21 12:2017:5 44:1 better(2) 7:1 19:12 children p) 33:7 $900,000 p] 42:3 904eet[11 9:10 Anderson[31 3:6 6:10 between[3) 5:23 13:9 choices[11 22:13 940-foot[1] 13:4 38:18 43:5 choking[1] 22:2 -&- annex[2) 3:8 38:19 bigger[41 27:22 42:8,10 CHRISTINE[3] 1:8 &[3] 2:14 3:6 38:17 _A annexation[10) 3:12 45:17 48:4,20 A-1[2] 3:9 38:21 4:22 11:3 19:5 24:9 34:3 bike[1] 45:12 Chuck[1J 23:11 23 46:8 23 38 6 36: : -0- able[s] 10:8 13:14 42:10 35:1 WWI 6:23 circled[2] 15:15,17 084-002883[1) 48:21 42:1843:10 answer[41 6:511:] 24:2 blew[11 15:17 citizen p) 23:3 above-entitled[11 1:7 45:20 board[1] 22:11 City[351 1:1,2,102:10,11 abut 111 8:24 answers(1) 19:12 booming p] 13:16 2:16 3:8,10 4:16 5:22 7:17 -1_ access[31 8:9,9,10 anticipate[2] 29:3 42:2 bottom[r] 5:16 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Depo Court Reporting Service Naperville,Illinois (630) 983-0030 Yorkville City Council Multi-Page straight - zoning November 22,2005 7:19 19:8,19 28:7,9,17,18 thought 137 4:24:16:5 20.19 28 2'29 3 30:12 1 1 yellow orokville of 1:2,10 29:1 33:14 Straight[al 23:9,13,21 three[11 9:21 31:1,1 32:16 35:6 37:17 2:16 3:8,10 4:16 11:12 gh 43:8 45:11 13:15,16 17:20 20:21 24:3 24:8 through 7-41 8:5,9,23 usable Ell 10:11 24:4,6,24 33:6,10 38:20 Strange[i] 33:21 10:1812:22 ]4:6,19,23 38:2240:4 street[a] 7:2210:2 15:17,2318:319:7,11 used[1] 46:11 York-WOOd[1) 40:9 21:7,7 27:3 40:13,14,21 utilized El) 35:22 Streets[2] 14:6 30:12 42:23 43:23 45:5,8,.11 yourself[1] 16:22 strict[1] 19:18 file[1l 31:11 -V- stronger[1] 37:11 tiles[a1 15:8 29:16 31:10 -Z- structure Ell 35:24 31:12 Val Ell 25:22 students Ell 22:3 Timber[al 18:3 19:2 VALERIE Ell 2:5 zoning[5] 4:23 11:3 19:5 variances Study[21 19:8 31:11 times[2] 5:6 43:24 [3l 5:11 9:16 24:8 41:10 41:6 Studying Ell 44:1 timing Ell 12:1 various t1] 5:23 staff R114:2 togethert2l28:1331:6 verify Ell 34:7,12 subdivision[211 7:23 tonight[2i 4:2312:2 VITOSHp] 1:848:4,20 8:3,5,10,17,24 15:22 21:4 tons[11 14:23 21:13 23:6113,14 24:16 too[41 6:15 23:6,6 31:17 25:7 28:10,23 42:14 43:11 -w- 45:2,20 46:1 took[2] 27:20 45:17 WANDA[1] 2:8 subdivisions[21 .14:8 town[1) 13:18 Wants[2) 25:7,11 28:22 towns[1l 24:6 wad[26] 9:4 14:15,23 substantially[1) 40:15 township[31 3:16 32:4 15:14,18 18:5,7,13 20:2,2 successorp] 35:20 39:3 26:8,10,15,16,1727:14 such 121 15:9 37:13 track[2) 24:11,12 28:129:8 30:1131:2,16 Suite Ell 2:14 trade[1] 29:24 32:9,11 34:9 43:6,23 summary[4] 10:15,24 traffic[1] 13:17 waters[11 14:19 44:2145:16 trail[s] 10:18 45:4,7,11 WD[a] 3:6 38:18 sump[21 31:23 32:6 45:12 welcome[a] 20:7 25:11 support[1) 12:3 transcript[1) 48:11 West[2] 3:16 39:3 surprised[1) 33:19 trap[2] 26:10,15 whereas[2] 32:1 43:9 swornpl 48:5 tree] 42:9 WHEREOF[1] 48:14 System[121 10:18 21:21 treed[1] 41:4 Whole[sl 19:6 28:12 21:24 22:1,5 28:14,17,18 trees[10] 10:11,12 16:8 31:11 44:12 45:16 45:4,7,12,12_ 42:8,11,20,22,24 43:2,8 Wider[1] 9:10 tried[21 5:24 7:4 William[21 3:7 38:18 -T- true[i] 48:10 window[1] 15:18 T El] 2:1 trying[3] 20:12 33:4 withdrawing[i] 36:1 43:19 takes E1] 10:18 within[z] 43:2,3 taking[1l 30:8 turning tit 35:4 t [121 1 pjrPNESS[1) 48:14 two zl 5:15 8:11,18,18 talks[1] 36:9 � 16:23 19:6 22:13 23:14 Wolfer Ell] 2:6 3:19 4:2 - Tall[1] 43:11 23:15 29:21,23 41:8 4:3 12:6 38:7,8 39:17,18 47:1,2 tax[1) 33:1 type p) 9:16 23:20 42:18 Wondering[1) 27:13 taxes[1] 22:14 taxing[1] 23:2 -U- Wonders[1l 13 Technically[1] 23:24 Woods t1) 16::13 unbelievable Eli 16:6 Word p) 46:10 - ten Ell 43:4 under[4] 21:19 28:23 wording Ell 35:12 terrible[z) 16:9,9 31:12 42:15 Works[1) 19:14 test[2] 22:4,5 understand[3] 32:23 wrap[1l 14:3 testified[61 4:16 11:12 36:19 46:12 17:20 20:2124:24 40:4 unfortunately[2] 12:1 wrong til 16:10 testifypl 17:17 14:18 WYETH[z] 2:14,15 testimony lil 17:16 UNIDENTIFIED[n Wyndham p] 3:5 4:19 thank Elul 17:11,12 20:8 20:4 40:8 24:20 25:18 31:7 32:12 unit[2] 23:17 24:17 36:3 37:3 40:6 United[6) 1:2 2:16 3:8 -y- thanks[1] 12:19 3:10 38:20,21 yard[61 21:8,9,12 29:7 theirs Ell 26:24 unless[2] 14:14 35:9 30:18 31:24 therefore Ell 24:14 up[31] 4:23 6:9 9:22 10:2 year[21 31:3 42:16 they've[1] 16:15 1624 17:1,23 4 1418 6519 3 years[31 28'22 29:4 thinking 121 37:7,10 34,10 In Page Depo Court Reporting Service manerville.Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAT T OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY'ILLIN 07 HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,DECEMBER 27.2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Absent Ward PV Besco Present Spears Present Also present: City Clerk Milschewski,Interim City Administrator Cmis,City Attorney Wyeth, Police Chief Martin,Finance Director Plecldnam,and City Intern/Deputy Clerk Olson. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Besco asked that the following items be removed from the Consent Agenda and be placed under the Administration Committee Report: 1. Item#7—Resolution Approving the Revised Job Description for the Position of Engineering Administrative Assistant(formerly known as"Engineering Assistant') 2. Item#10-Ordinance Proposing the Establishment of Special Service Area 2005-109 (Bristol Bay 1) 3. Item#I I-Ordinance Proposing the Establishment of Special Service Area 2005-10 8 (Autumn Creek) COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,January 9,2006 City of Yorkville Conference Room 900 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,January 19,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,January 5,2006 City of Yorkville Conference Room 800 Game Faun Road Public Safety Committee 7:00 P.M.,Thursday,January 12,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:15 P.M.,Tuesday,December 27,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS None. PUBLIC HEARINGS 2005 Tax Levy Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the 2005 Tax Levy. So moved by Alderman Burd;seconded by Alderman Wolfer. The Minutes of the Regular Meeting of the City Council—December 27.2005—page 2 Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye Mayor Prochaska reported that levy amount is$2,035,873.26 which is an increase from last year's levy amount of$1,746,203.30. The net increase is 16.95%however the tax rate decreased from.7326 to.6571. He stated that as Equalized Assessed Value(EAV)continues to increase in the City,the City is still trying to hold down the amount of taxes so the rate is dropping. He explained that the amount is calculated by taking an average home valued at$210,000.00 with the average assessment of 11°%to 12%. The goal is to keep the taxes the same even after this year's reassessment. He stated that the City is seeing a significant increase in the dollars;the new increase is$289,669.00 of which$182,463.00 comes to the City and$107,206.00 is allocated to the Library. Mayor Prochaska opened the floor to public comment;there was none. Mayor Prochaska opened the floor to City Council comments;there were none. Mayor Prochaska entertained a motion to go out of public hearing. So moved by Alderman Wolfer,seconded by Alderman Bard. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,lames-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye CITIZEN COMMENTS None. CONSENT AGENDA I. Water Department Reports for September 2005(PW 2005-29) 2. Fountain Village—Earthwork Letter of Credit—authorize the City Clerk to call Letter of Credit if not renewed by January 30,2006(PW 2005-30) 3. State Street Watermain-Change Order 41—authorize delay of the beginning of construction until March 1,2006 and authorize City Engineer to execute(PW 2005-31) 4. Route 47 Waternain-Change Order#1—authorize increase in an amount not to exceed $356.42 mid authorize City Engineer to execute(PW 2005-32) 5. Game Farm Road/Somonauk Street Reconstruction(PW 2005-33) a Resolution 2005-83—MFT Appropriation Resolution—authorize City Clerk to execute b. Smith Engineering Consultants,Inc.Additional Phase 1 Engineering Agreement —authorize increase in an amount not to exceed$17,680.00 and authorize Mayor to execute 6. Bruell Street Forcemain&Sanitary Sewer-Change Order#3-authorize increase in an amount not to exceed$38,055.00 and authorize City Engineer to execute(PW 2005-37) 7. Monthly Treasurer's Report for October 2005(ADM 2005-17) 8. Resolution 2005-84—Approving the Revised Purchase Order Policy- authorize the Mayor and City Clerk to execute(PW 2005-18) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Wolfer;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-eye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 16,2005 totaling the following amounts:checks in the amount of $1,766,322.70(vendors);$174,247.23(payroll period ending 12/10/05);$12,236.57(special census payroll period ending 11/25/05);$12,755.40(special census payroll period ending 12/09/05);for a total of$1,953,325.33 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye The Mantes of the Reeular Meeting of the City Council—December 27.2005—page 3 REPORTS MAYOR'S REPORT Appointment to Park Board Mayor Prochaska explained that any one appointed to the Park Board has to have a routine background check. However,he noted with the holiday,he did not get the information to the Police Department in time to get it back for tonight. The security check should be done in the next few days. With this in mind,Mayor Prochaska entertained a motion to approve the appointment of Gary Golinski to the Park Board subject to his background check. So moved by Alderman Wolfer;seconded by Alderman Ohms. Mayor Prochaska explained that Mr.Golinski was filling a space vacated by Richard Korinek and his term will expire on April 30,2007. Alderman Besco commented that as big as the City is getting he thought people from other areas of the City would be attracted to volunteer. He noted that there is already another Park Board member living in the same subdivision as Mr.Golinski and he asked if any other individuals applied. Mayor Prochaska state that the position was publicized and Mr.Golinski was the only applicant. Mayor Prochaska also noted that at one time,there were three Library Board members who lived on the same streeL He stated that unless the ordinance is changed to reflect that members have to be from specific areas,anyone can apply. Alderman Brad asked if Mr.Golinski was aware that the Park Board was an advisory board because former members didn't understand this. Mayor Prochaska stated that he has had this discussion with Mr.Golinski. She stated that if people understand the process they won't be quite so upset when the City Council has to make decisions that don't match their recommendations. She stated that when this happens,it is not because the City Council doesn't respect their recommendations but rather the Council is trying to we the"big picture". She commented that she would like to have a good relationship with Mr.Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Burd-aye,Spears-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye Ordinance 2005-98 Janice L.Van Riper Insurance Agency,Inc. Development Agreement&Ordinance Granting Rezoning (PC 2005-51) Mayor Prochaska entertained a motion to approve an ordinance granting rezoning for Janice L. Van Riper Insurance Agency,Inc.at 708-710 N.Bridge Street from R-3 General Residence District to B-1 Limited Business District and to approve the Development Agreement as presented,subject to first receiving a signed original of the Development Agreement from the Petitioner,and authorize the Mayor and City Clerk to execute all documents subject to final legal review.So moved by Alderman Ohare;seconded by Alderman James. Alderman Leslie asked that the location of the building be clarified. Mayor Prochaska stated that the building was a ranch duplex located on Route 47 across from Apple Tree Court. Alderman Burd noted that the Bconomic Development Committee recommended the rezoning due to the widening of Route 47 and because there is other business zoning in area. Alderman Ohare asked if the sidewalk clause was included in the agreement and Attorney Wyeth explained that there is language addressing the sidewalk in the final draft of the agreement which was just received today. Upon the widening of Route 47,the developer will construct a sidewalk consistent with other sidewalks being constructed on that side of the street. Alderman Spears asked if any of the neighboring properties had any objections or concerns. Mayor Prochaska stated that the property to the north was concerned with parking in the common driveway. Attorney Greg Ingemunson explained that there is wording in the agreement stating that no parking would be allowed in the driveway. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Spears-aye The Minutes of the Regular Meetine of the City Council—December 27.2005—page 4 Resolution 200585 Approving the Revised Job Description for the Position of Receptionist/General Secretary (Formerly Known as"Secretary of Parks&Recreation") (PB 2005-03) Mayor Prochaska entertained a motion to approve a resolution approving the Revised Job Description of the Position of Receptionist/General Secretary(formerly known as"Secretary of Parks&Recreation").So moved by Alderman Ohare;seconded by Alderman Besco. Alderman Burd asked if it has been clarified that the City has a°Park&Recreation"Department, Attorney Wyeth stated that the Park&Recreation Department is referenced in the ordinance for the Executive Director of Park&Recreation however City Code references a Parks Department and a Recreation Department. Some"clean-up"is needed in this area. Interim City Administrator Crois noted that the ordinance for the Executive Director of Park& Recreation actually lists three departments;the Park&Recreation Executive Directors office,a Parks Department and a Recreation Department, He recommended a new ordinance to clarify the .Park&Recreation Department. Alderman lames asked if there was an ordinance saying there is a Public Works Department Attorney Wyeth stated he did not look for this so the City may or may not have one. Alderman James asked if an ordinance was needed for every City department Alderman James suggested bringing this issue to the Administration Committee for further discussion. Interim City Administrator Crois commented that other communities pass a blanket ordinance creating all the municipal departments such as the Police Departmen;Public Works Department,etc. He also commented that he discussed the City's job description with the City's Human Relations person Denise Kasper and it was recommended that a common format be used for all fumrejob descriptions as presently several formats are used. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Obare-aye,Burd-aye,Spears-aye Welcome Back Mayor Prochaska welcomed Alderman Spears back. CITY COUNCIL REPORT No report ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT No report The Minutes of the Regular Meeting of the City Council—December 27.2005—name 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2005-86 Approving a Policy Regarding Public Works Vehicles (PW 2005-35) A motion was made by Alderman Besco to approve a resolution approving a policy regarding Public Works vehicles as presented;seconded by Alderman James. Alderman Besco asked if the word`temporary"should be included in the motion and Attorney Wyeth explained that the work`temporary"is in the first paragraph of the resolution and not needed in the motion. Alderman James noted that there ism end date to the policy as it is just temporary. Alderman Ohare stated that the ordinance does not specify that city workers are to follow the City's ordinances on puking. Mayor Prochaska noted that the resolution does not make exemptions so all ordinances need to be followed. Alderman Spears asked if this affects the City's insurance and Mayor Prochaska explained that the City's liability is fire going back and forth to work He stated there is more a question regarding the tax point of view. Alderman Besco explained that the resolution was created because due to the construction at Tower Lane the Public Works Department is running out of space. Allowing employees to take vehicles home will help to alleviate the problem. Alderman Leslie asked what repercussions there would be if an employee uses a city vehicle for personal use. Mayor Prochaska explained that this would be treated as insubordination and the appropriate steps,according to the Employee Manual,will be taken against the employee. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Spears-aye,Besco-aye Mayor Prochaska commented that be has received several compliments from residents regarding the good work the Public Works employees have been doing with the snow. Mayor Prochaska congratulated and thanked them for their efforts. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT 2004/2005 Audit (ADM 2005-13) A motion was made by Alderman James to accept the Annual Audit for the year ended April 30, 2005 as presented by Crowe Chizek and Company,LLC as presented,subject to final staff review;seconded by Alderman Ohare. Mayor Prochaska noted that the audit needs to be completed and submitted to the state by December 31,2005. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Spears-aye,Besco-aye,Leslie-aye Ordinance 2005-99 Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2005 and Ending April 30,2006 (ADM 2005-01) A motion was made by Alderman James to approve the ordinance for the levy and assessment of taxes for the fiscal year beginning May 1,2005 and ending April 30,2006 as presented,and to authorize the Mayor and City Clerk to execute such documents and to file such documents with the Kendall County Clerk as are necessary in furtherance of the levy;seconded by Alderman Chum. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Ohare-aye,Burd-aye,Spears-aye,Besco-aye,Leslie-eye,Wolfer-aye The Minutes of the Regular Meeting of the City Council—December 27,2005—mass 6 Resolution 2005-97 Approving the Revised Job Description for the Position of Engineering Administrative Assistant(Formerly known as"Engineering Assistant") (ADM 2005-09) A motion was made by Alderman James to approve a resolution authorizing the Revised Job Description for the Position of Engineering Administrative Assistant(formerly known as `Engineering Assistant")and to authorim the Mayor and City Clerk to execute such documents; seconded by Alderman Ohare. Alderman Bosco commented that the Community Development Director will be starting on January 17,2006 and he thought that since this is a position in his department,the City Council should wait too approve this until the new director can have some say in the job description. Mayor Prochaska clarified that this position is in the Engineering Department not the Planning Department and the Engineering Department is not under the Planning Department. Currently there is a Building Department,Engineering Department and a Planning Department however there has been some discussion to someday evolve the three departments into one but they are still initially three separate departments. Mayor Prochaska further explained that the Community Development Director will have two positions to fill that are in the budget;a park planner and a city planner. Alderman Bosco asked if this was eliminating the position of secretary for this department Mayor Prochaska stated that no positions are being eliminated but this resolution revises the existing position. Alderman Spears stated she agreed with Alderman Besco;this does not need to be rushed through. She felt it should wait until the appropriate staff is on board. Mayor Prochaska reiterated that the Community Development Director would not have any input into this position because this position is for the Engineering Department. Alderman Burd stated she spoke with City Engineer Joe Wywrot and this is the position that he - needs;he does not need a secretary. Alderman Leslie asked if there was a candidate in mind for this position and Mayor Prochaska stated it would be Jennifer Fischer. Alderman Burd asked if this would be a promotion and Finance Director Pleckham explained it would not;the resolution is clarifying the job functions of the current position which is held by Mrs.Fischer. Mayor Prochaska agreed with Finance Director Pleckham that this is a clarification of an existing position. Alderman Leslie commented that he feels Mrs.Fischer is performing duties beyond the current job description and it is time to update the description. There was further discussion regarding the job description and the duties performed by the employee. Alderman Spears asked why the educational requirements were being changed;were all the administrative assistant positions being changed? She said it was discussed at the Administration Committee that the educational requirement should be 64 credit hours. She stated that requiring a person have an Associates Degree is not being consistent with other positions in the City. Mayor Prochaska noted that at the last committee meeting is was discussed to review all job descriptions and determine if this needs to be upgraded. He stated that this is a technical position so more education is needed. Finance Director Pleckbam noted that it was discussed at the Administration Committee meeting that the job title should remain the same however after some discussion it was changed so it would not be confused with an engineering position. Alderman Bard stated it was discussed that certain types of classes should be specified for this job description and she asked if a person in this position would take classes in engineering or related fields. Mayor Prochaska stated that he could see that this person would be allowed to take engineering classes. Mayor Prochaska clarified that the job description qualifications should reflect 64 credit hours. A motion was made by Alderman Wolfer to amend thejob description by changing the requirement from an Associates Degree to 64 credit hours;seconded by Alderman Burd. Motion to amend the job description approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye Motion to approve the resolution approved by a roll call vote. Ayes-5 Nays-2 Burd-aye,Spears-nay,Besco-nay,Leslie-aye,Wolfer-aye,James-aye,Ohare-eye The Minutes of the Reeular Meetine of the City Council—December 27.2005—paee 7 Ordinance 2005-100 Proposing the Establishment of Special Service Area 2005-109 (Bristol Bay I) (ADM 2005-19) A motion was made by Alderman Janes to approve an ordinance proposing the establishment of Special Service Area 2005-109(Bristol Bay 1)and authorize the Mayor and City Clerk to execute;seconded by Alderman Wolfer. Alderman Besco commented that he asked for this to be removed from the Consent Agenda so that he could be consisted in voting against the SSA. Mayor Prochaska explained that this is the proposing ordinance which sets the date for public hearing and Alderman Obwe clarified that this does not give the developer the SSA. Alderman James clarified that the developer will identify how they will use the SSA at the public hearing. Mayor Prochaska stated that is was suggested that at the public hearing the City ask for a specific use for the freed up capital caused by the SSA. Alderman Bard asked if the City Council already passed Annexation Agreement that allows for SSA's to be established and Mayor Prochaska stated that this was one of the last subdivisions that was allowed to have an SSA rather than allow the developer to ask for an SSA. He reiterated that the City can stipulate the use of the SSA funds. Alderman Burd stated that she was sympathetic to Alderman Besco's position however the City cannot afford to vote against the SSA. Alderman Spears asked what would happen if the City Council became limited to what they approve and the developers are not please with this. She asked if the developers were legally bound to continue with their development. Mayor Prochaska stated he did not have an answer to this question. There was further discussion regarding the process of specifying what SSA's will be used for. Motion to approve the resolution approved by a roll call vote. Ayes-5 Nays-2 Besco-nay,Leslie-aye,Wolfer-aye,James-aye,Ohm-aye,Burd-aye,Spears-nay Ordinance 2005-101 Proposing the Establishment of Special Service Area 2005-108 (Autumn Creek) (ADM 2005-20) A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area 2005-108(Autumn Creek)and authorize the Mayor and City Clerk to execute;seconded by Alderman Ohare. Motion to approve the resolution approved by a roll call vote. Ayes-5 Nays-2 Besco-nay,Leslie-aye,Wolfer-aye,Janes-aye,Obare-aye,Burd-aye,Spears-nay ADDMONAL BUSINESS Special Census Alderman Ohare asked if there was a time frame for receiving the funding generated by the Special Census. Deputy Clerk Olson explained that currently the special census was underway and it will take 45 days to perform. It will then another several months until the City sees the funding. Finance Director Pleckham stated that the City should see funds by April or May 2006. Happy New Year Mayor Prochaska wished everyone a safe and happy New Year. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body. He asked that the City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Interim City Administrator Crois and City Intern/Deputy Clerk Olson be included. He noted that no action would be taken after the session. So moved by Alderman Bard;seconded by Alderman James Motion to approve the resolution approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Spears-aye,Wolfer-aye The City Council entered into executive session at 7:52. The Minutes of the Reeular Meetine of the City Council—December 27 2005—page 8 The City Council returned to regular session at 8:35 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman Leslie. Motion approved by a viva voce vote. Meeting adjourned at 8:35 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 8 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, October 18,2005—7:05 pm In Attendance: Citv Art Prochaska-Mayor Michael Bersani—Attorney (for City) Paul James—Alderman Traci Pleckham—Finance Director Valerie Burd -Alderwoman Eric Dhuse—Public Works Director Jason Leslie—Alderman Bill Powell—City Treasurer Rose Spears-Alderwoman Bart Olson—Deputy Clerk Marty Munns—Alderman Joe Besco -Alderman Guests John Crois Kathy Farren—Kendall County Record Lynn Dubajic— Allecia Vermillion—The Beacon News Economic Development Director Gary Davidson—Attorney, Crestlake Holdings John Philipchuck,Attorney Clayton Marker—Marker Inc. Kevin McCann, Speer Gary Mickey,Attorney-Rob Roy J. Dotson, Dempsey Ing Inc. Bruce Kisser, Dempsey Ing Inc. Mayor Art Prochaska called the meeting to order at 7:05pm following an Executive Session. PUBLIC HEARING: None PRESENTATIONS: None DETAIL BOARD REPORT BILL LIST): The following expenses were discussed: Page 33—2-piece speaker set: It was thought that this equipment was for a computer, however, Ms. Pleckham will check. Page 34—2 separate charges of$50 and$100 each for cleaning services: this was actually for 3 weeks of cleaning services ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. Monthly Treasurer's Report for August 2005 There was no discussion of this report and it will move to the City Council agenda. Page 2 of 8 MAYOR: 1. Draft Resolution Adopting Recommended Plan to Implement Governance Enhancements as Proposed by Dr. Curt Wood and Dr. Gerald Gabris In the original recommendation,there is a$2900 amount tied to the next step of putting together task forces and the Administrator Ordinance. Mayor Prochaska just wanted the Council members to be aware of this. This item moves to the consent agenda. 2. Draft Ordinance Amending and Restating Ordinance No. 2005-77 Vacating Scott Road Scott Road is the very short road that runs from Rt. 47 to Rt. 71 near Silica Sand and this ordinance allows for vacating this road. At this time, Gary Davidson of Crosslake Holdings, asked to speak. He said at the last meeting,he did not have the survey from Smith Engineering when the vacation petition was filed. It was found that only 7/8 of the road was vacated with 1/8 of the road on the title policy. A property owner had not signed the petition at that time. Mr. Davidson said PIN numbers should be included in the ordinance and he will speak with Attorney Wyeth to include those numbers. Mayor Prochaska asked for the final draft by the coming Friday and this will move to City Council. It will require a'/4 vote. 3. Bruell Street Sanitary Sewer—Shed Replacement The Mayor said he thought the shed had been replaced as part of this project, however,he was informed by a resident that the shed had not yet been ordered. He said the size requested was not a standard size so the next standard size was considered. A vote will be needed since the shed size has been changed. This will move to the consent agenda 4. Roy Roy Creek Interceptor Contract 3—Sewer Pipe Costs Mayor Prochaska explained that Contract#3 is the portion of the sewer to be built from Rt. 34 to north of Faxon Rd. Due to Hurricane Katrina,the cost of this PVC pipe has increased by $244,000. It was noted that these contracts are still the low bids and the overall costs are still below the engineer's estimate. The Sanitary District will be able to cover these costs with the Infrastructure Participation Fees (IPF) fees and will insure that the project keeps moving. It was recommended to move this item forward to the consent agenda subject to YBSD covering the additional costs as stated in the above-mentioned letter. (moved forward in agenda) Administration Committee 5. Rob Roy Creek Bond Ordinance—Admin 1016105 Kevin McCanna was present to speak about this interceptor that will serve the Rt. 47 and Galena Rd. area. He reminded the Council that the City had previously approved $12 million in bonds and they are close to selling those bonds. There are two potential purchasers at this time. He is Page 3 of 8 waiting for the City Attorney to obtain the signed agreement from the three major developers. Mr. McCanna said his company is trying to make these bonds very flexible and wants them to be callable so that as the development occurs,the bonds can be called in. Alderman James asked about the risk to the City. Mr. McCanna said there is very little risk unless all development were to stop for 10-15 years. And,Mayor Prochaska added that the developers will pay participatory fees and a minimum number of connection fees much be purchased each year. This moves forward to the consent agenda under the Administration portion. (back to order of agenda) MAYOR(coat.) 5. Recreation Office—Internet Contract This is a contract to give the Recreation Department internet access when they move their offices to South Bridge Street. This will be a cost of$36.99 a month that is covered in their budget. The present intemet service will be cut on October 19th and the offices are slated to move on October 27th. In the interim,the offices at Riverfront will be available for checking e-mail and their registration is already covered. This moves forward to the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE: No report. PARK BOARD: No report. PUBLIC WORKS COMMITTEE: 1. Water Department Report for July 2005—PW 9126105 Alderman Besco pointed out that 3,639,000 gallons less, were pumped in July 2005 as compared to July 2004. This was attributed to the watering ban. Moved forward in agenda to Administrationl#2 Treasurer's Report) ADMINISTRATION COMMITTEE: 2. Annual Treasurer's Report—Admin 10 16105 Ms. Pleckham reported that items that are bolded on the `04/'05 report,are items that were changed since the Administration Committee reviewed the report. The bond amounts have changed slightly as well as the expenses due to the bonds. One change she noted was the decrease of $57,000 in revenue. She said a revenue was double-posted that resulted in this deficit. Also, some revenue comes in after the fiscal end of the year,but it is back-dated. Ms. Pleckham will revise this report and re-submit it under Administration for discussion if needed. Page 4 of 8 Alderman James questioned when the audit would be complete. Ms. Pleckham said the final one is expected November 15`h and said that an extension had been filed. Part of the delay is due to GASBY 34. This will move to the City Council agenda. (Agenda returned to order as shown) Public Works (cont.) 2. River's Edge Unit I—Letter of Credit Expiration—PW 9126105 The letter of credit is expiring and there is still a punchlist. It was recommended by the City Engineer to call the letter of credit. This will move to the consent agenda. 3. 2005 Joint& Crack Filling Change Order#1—PW 9126105 When the project was progressing, it was noticed there would be money left. Some streets in Heartland were added for repair and the expenses went over by$3,330.63. Alderman Besco asked for direction from Ms. Pleckham regarding the funding. Mr. Dhuse noted that the expenses were under appropriation so it would be covered. This will move to consent agenda. 4. Rob Roy Creek Interceptor Contract#3— Change Order#1—PW 9126105 There was a small extension remaining to be done and a time extension was needed due to lack of availability of sewer pipe. This moves to consent agenda to extend the time. 5. Kylyn's Ridge Unit I—Old Second Bank Letter of Credit#15367—Reduction #4—PW 9126105 The amount of this bond reduction was $244,577.31 with a remainder of$210,191.64. The work is progressing well. This moves to the consent agenda. 6. Kylyn's Ridge Unit 2— Old Second Bank Letter of Credit#15540—Reduction #3—PW 9/26/05 This letter of credit will be reduced by $210,191.64. This also moves to consent. 7. Shallow Well Siting Program=PW 9126105 Alderman Besco said EEI had given a presentation and noted that three properties have promise. After testing, one was found to be very viable. In order to test three additional sites,the cost would be approximately $15,000 to $20,000. Approval will be needed to move ahead with more testing. Mr. Dhuse said this is not a budgeted expense and asked Ms. Pleckham to review the Page 5 of 8 budget for available funds. It is hoped the testing can be done soon since the crops are being harvested and before the ground freezes. Alderman Besco asked if this testing could be developer-driven. It will be necessary to make sure any such funds are not already appropriated according to Mayor Prochaska This item will go back to C.O.W. to check on funding. EEI will need to be notified as well. 8. Castle Bank—Letters of Credit#606& #607—Reduction #1 —PW 9126105 The work is completed and the remaining amount is $77,672.05. This moves to consent agenda. 9. Fox Hill Unit 7Letter of Credit#2—PW 9/26/05 Amount remaining in this letter of credit is $30,729.56. This project is progressing well. Moves to consent agenda. 10. Routine IDOT Highway Permit—Heartland Center This permit is in regards to a sidewalk along Heartland Commercial Development. IDOT requires a resolution from the City to guarantee the work being done. This moves to consent agenda. 11. McVickers Development—Routine IDOTHighway Permit This is a routine IDOT permit for construction of utilities and other improvements north of Cannonball Trail. Moves to consent agenda. 12. Acceptance of Heartland in Yorkville—PW 1013105 The punchlist is now complete and the City Engineer recommended approval of the improvements for ownership and maintenance. The Mayor noted there is a I-year warranty. Moves to consent agenda. 13. Water Department Report for August 2005—PW 1013105 No discussion, item moves to consent agenda. 14. Fox Industrial Park Project—Supplemental MFT Appropriation Resolution—PW 1013105 Mr. Besco reported this is a bookkeeping item. IDOT had done an audit and something had not been credited against the MFT account. No funds were exchanged. This moves to consent agenda. Page 6 of 8 15. In-Town Drainage Improvements—Change Order#8—11—PW 10/3/05 This is a change order for utilities since many utilities were found that were previously unknown. The costs should be available soon. Moves to consent agenda. 16. Rob Roy Creek Interceptor Contract#5—Temporary Easement—PW 10/3/05 This is an easement with CJ Insulation and is temporary. Attorney Bersani said that it should be recorded. Moves to consent agenda. 17. Rob Roy Creek Interceptor Contract 4—Bid Results The low bidder was D. Construction of Coal City at$1,495,900. Moves to consent agenda after looking at inter-governmental agreement per Ms. Pleckham. Attorney Wyeth will be asked to review. This work will include an area north of Faxon Road to north of the train tracks. 18. Routine LOOT Highway Permit—Raintree Village Route 126 Improvements This is a standard resolution for IDOT. Moves to consent agenda. PUBLIC SAFETY COMMITTEE: 1. No report, ADMINISTRATION COMMITTEE: 1. Salary Survey. Mayor,Alderman, Clerk& Treasurer—Admin 1016105 Alderman James said that Bart Olson had completed a survey of salaries from other towns. The other Councilmen asked to see the survey. The last time a restructure was done was six years ago that included an increase from $2400 to $3600 for aldermen and$5500 to $8500 for the Mayor (includes being Liquor Commissioner). This will come back to C.O.W. on November 15 to review the findings. There will be no changes until the next election. 2. Treasurer's Report Previously discussed 3. Bristol Bay SSA Resolution Declaring Official Intent—Admin 1016105 This is the ordinance declaring the intent and was already approved with the PUD with Pulte. It was noted that the wording had been changed slightly. Page 7 of 8 This moves to City Council for a vote. 4. Raintree Village II SSA Establishing& Bond Ordinance—Admin 1016105 This establishes the ordinance and was included in the original PUD. This moves to City Council for consideration. 5. Roy Roy Creek Bond Ordinance Discussed earlier in the agenda- 6. Nextel Second Line Option—Admin 1016105 Alderman James said that some employees had expressed interest in having a second line on their City phones that would be their personal line. The bill for that line would be sent to their home addresses. There is no obligation to the City if those charges are not paid. Alderman James said he was in favor of this idea and there would be no need to carry two phones then. According to Alderman Besco, there are other companies offering similar services for half the amount and he suggested the City look into those first. He will provide those company names to Ms. Pleckham. At this time,there are approximately 60 phones being used by employees and about 30 of those are in the Police Department and 25-30 in Public Works. Alderman Munns noted that$27,000 was spent on Nextel phones last year. In the past, employees have been required to pay for personal calls made on the Nextel phones. There is no contract on the second line and it will be in the employee's name. This moves to the consent agenda. ADDITIONAL BUSINESS: Alderman Munns said the streetlight at Rt. 34 and Sycamore goes on and off. Public Works Director said a nick had been found in the line for Sycamore & John Street and that will be looked at for the problem area. Alderman Besco said the streets in Countryside near York Meadows are narrower and that residents are parking on the streets around that area. This leaves one lane of traffic. Long-time residents spoke with York Meadows management and Ms. Spears said the residents were not treated very well and were told the apartment residents could park where they wish. The Mayor said it might be an issue of striping and this area will be redone when the interceptor is completed. The Police Department will be asked to look at this problem. Alderman Leslie said residents of Windett Ridge have said they have no streetlights yet. Public Works Director Dhuse will contract Com Ed. Page 8 of 8 Ms. Pleckham reported that the SSA panel discussion will be October 20t' from 2-4pm and approximately 60 people have registered. It was noted that EDC would be discussing SSA's on this night. Mr. Besco asked if this discussion could be taped for those who cannot attend. Ms. Pleckham will contact Glory Spies about that possibility. As there was no other business, the meeting was adjourned at 8:18pm. Respectfully submitted by Marlys Young, Minute Taker Page 1 of 1 i�FT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday,November 15,2005 - 7:00 p.m. In Attendance: City Art Prochaska—Mayor John Wyeth—City Attorney Valerie Burd-Alderwoman John Crois—Interim City Administrator Joe Besco—Alderman Eric Dhuse—Public Works Director Wanda Ohare-Alderwoman Traci Pleckham—Finance Director Bart Olson—Deputy Clerk& City Intern Guests: Chuck Brooks Kathy Farren—Kendall County Record Tim Evans—Recreation Department At 7:15pm, Mayor Art Prochaska stated that the meeting would be cancelled due to lack of a quorum for the meeting. Respectfully submitted by Marlys Young,Minute Taker +P'�4 . ( PROPOSAL VW i9 SOUTHWEST INTERCEPTOR CONTRACT 1; PHASE 1 -MANHOLE #1 TO #5 YORKVILLE, ILLINOIS 2005 Honorable Mayor and City Council City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 The undersigned does hereby state that he has examined the Instructions to Bidder, Specifications, Plans,form of Bond, Contract, and all other documents for, and the location of the site of the Work covered by this Proposal, and has fully informed himself of the Work to be done and of the conditions under which it must be carried out. The undersigned does hereby propose and submit a bid pursuant to your Contract Documents to provide and to furnish all labor,services,materials,supplies,equipment,apparatus and appliances, and to do all Work and pay all costs and expenses connected therewith required under and in full accordance and compliance with the documents named in the foregoing paragraph. This Bidder proposes and agrees,if this bid is accepted,to work under an original contract with the Owner,in a form contract prescribed by the Owner,to fulfill all of the obligations of the successful Bidder and/or Contractor as set forth in the Contract Documents, and to do all Work in the manner and time described therein, and at the prices set forth below. It is understood by all parties that the final contract price shall reflect actual quantities and associated unit prices for all unit price items set forth in this proposed form. In addition to providing Bid prices, this Bidder is providing the following information and documentation with the proposal form: a) A list of subcontractors, laboratories and disposal sites that will be used to perform the Work. b) An Operation Plan that describes the means and methods the Contractor will use in performing the Work described in the Contract Documents. c) A statement of qualifications and affidavit of experience of the Bidder,key project personnel and all subcontractors. PROPOSAL, Page 2 d) Certificate by Contractor pursuant to Article 33E Public Contracts of the Illinois Criminal Code of 1961, as amended. e) Contractor's Certification. BID Bid Item Quantity Unit Description of Work Amount Sanitary Sewers: 1. 950 Lin. Ft. 24" PVC DR 25 Sanitary Sewer @ $180.00 per lin. ft. $171,000.00 2. 4 Each Sanitary Manhole; 4' Dia., Type A w/Frame & Solid Lid @ $3600.00 each $ 14,400.00 3. 1 Each Sanitary Manhole; 5' Dia., Type A w/Frame & Solid Lid @ $5000.00 each $ 5,000.00 4. 1 Each Sanitary Drop Manhole; 4' Dia., Type A w/Frame & Solid Lid @ $10,000.00 each $ 10,000.00 Miscellaneous: *5. 148 Sq. Yd. Bituminous Concrete Binder Replacement; 4-1/2" Thick @ $30.00 per sq. yd. $ 4,440.00 *6. 148 Sq. Yd. Bituminous Concrete Surface Replacement, 1-1/2" Thick @ $5.00 per sq. yd. $ 740.00 *7. 1900 Sq. Yd. 4" Top Soil; Seeding & Excelsior Blanket @ $7.00 per sq. yd. $ 13,300.00 TOTAL AMOUNT OF BID - $218,880.00 PROPOSAL, Page 3 NOTES: 1. QUANTITIES DESIGNATED BY * ARE ESTIMATED QUANTITIES NOT CALLED OUT IN THE PLANS. 2. OWNER RESERVES THE RIGHT TO DELETE ANY BID ITEMS IN THE BID PROPOSAL THAT ARE NOT IN THE BEST INTEREST OF THE OWNER. 3. ABOVE COST INCLUDES TELEVISING, PLUG AT WEST SIDE MANHOLE 45, DEWATERING; (5 TREES) REMOVAL AND REPLACEMENT; 402 LIN. FT. GRANULAR TRENCH BACKFILL, CONNECTION OF EXISTING PIPE AT MANHOLES #3 AND #4; AND ABANDONMENT OF EXISTING MANHOLES. BASED ON SOIL BORINGS NO ROCK SHOULD BE PRESENT. PROPOSAL, Page 4 NAME, ADDRESS AND CONTACT PERSON OF SUBCONTRACTORS PROPOSED FOR THIS PROJECT SUBCONTRACTOR NO. 1: SEWER CONSTRUCTION Name: R.A. Ubert Construction, Inc. Address: P.O. Box 160, Yorkville, IL 60560 Contact Person: Ralph Ubert Phone Number: Role: SUBCONTRACTOR NO. 2: Name: Address: Contact Person: Phone Number: Role: SUBCONTRACTOR NO. 3: Name: Address: Contact Person: Phone Number: Role: (Note: Make copies of this page if listing extends beyond Subcontractor No. 3). PROPOSAL, Page 5 Accompanying this Proposal is a proposal guarantee in the amount of $ which is hereby tendered in accordance with the requirements of the Instructions to Bidders and the Specifications. In the event that this proposal is accepted and an award of contract is made to the undersigned bidder, the undersigned does hereby covenant and agree to deliver to the Owner the signed and executed Contract and Bond as specified in the Instructions to Bidders and the Specifications. The undersigned further agrees to begin work within ten (10) days after the executions and acceptance of the Contract, and thereafter to carry on the work diligently and continuously in such manner as to insure completion of all work by MAY 1, 2006. Witness Hand(s) and Seal this day of 12005. If an individual, sign and give address Address If a partnership, sign all individual names and give address of each partners Partnership Name Address Name and Addresses of Individual Partners PROPOSAL, Page 6 GLENBROOK EXCAVATING B CONCRETE, INC. 1350 NORTH OLD RAND ROAD If a corporation, officers WAUCONDA, ILLINOIS 60084 duly authorized should sign, attach corporate seal CaRkahi k% Wkrm S CONCRETE, INC. 1350 NORTH OLD RAND ROAD Address WAUCONDA, ILLINOIS 60084 ATTEST: CORPORATE SEAL Secretary CERTIFICATION FOR CONTRACT The undersigned, as duly-authorized representative of the Contractor, hereby certifies to the City of Yorkville, Illinois, that regarding this project known as SOUTHWEST INTERCEPTOR, CONTRACT 1, PHASE 1: 1) The Contractor ensures that they operate a drug free environment and that drugs are not allowed in the workplace or satellite locations as well as the City of Yorkville,Illinois sewer project in accordance with the Drug Free Workplace Act of January, 1992. 2) The Contractor is fully aware of and able to comply with all Local, State, and Federal Safety and other Laws, Codes, and Regulations applicable for the construction of the Project. 3) The Contractor is not currently delinquent in the payment of any tax administered by or owed to the Illinois Department of Revenue, or otherwise in default upon any such tax as defined under 65 ILL. Compiled Statutes 5/11-42.1 (2002): a. It is contesting its liability for the tax or the amount of tax in accordance with procedures established by the appropriate Revenue Act; or b. It has entered into an agreement with the Department of Revenue for payment of all taxes due and is currently in compliance with that agreement. 4) The Contractor is not barred from bidding on the Project, or entering into this Contract as a result of a violation of either Section 33E-3 or 33E-4 of 720 ILCS 5/33E-3 & E33E-4 (2002) (As Amended), or any similar offense of"bid rigging" or"bid rotating" of any state or of the United States. 5) The Contractor has a written sexual harassment policy in place in full compliance with all applicable state and local laws and policies. "Om( SEAL" MERYLBARNETT Subscribed and swom to Kit.ry public,State of Illinois No Public My Commission Expires 03123/07 before me this day of �54-✓u,az'-f , 20(4 Authoriz gent of Contractor c� Title GLENBROOK EXCAVATING&CONCRETE,INC- 1350 AAUCONDA,ILLOI.LNOIS 60084 Company Date AFFIDAVIT OF EXPERIENCE RE: SOUTHWEST INTERCEPTOR, CONTRACT 1, PHASE 1 UNITED CITY OF YORKVILLE, ILLINOIS, 2005 STATE OF 1 Gfil�yw:l7 ) ) SS COUNTY OF GLENBROOK EXCAVATING &CONCRETE,INC. 1350 NORTH OLD RAND ROAD C Q�✓ � being duly sworn, that he is WALICONDA, ILLINOIS 60084 of (Sole owner, member of firm, corporate official) (Individual, firm, or corporate official) which has done work for the following parties of the general kind and approximate magnitude under this contract: Name of Owner Job Description Amount City of Yorkville Countryside Interceptor #$1,241,836.00 CLEN6ROOK EXCAVATING&CONCRETE INC 1350 NORTH OLD D ROAD WALICONDA, ILLINOIS 60084 and that owns or has available for immediate use on the proposed (he, said firm, said corporation) work the following plant and equipment: Machine Year Built Machine Year Built Same as Countryside Interceptor AFFIDAVIT OF EXPERIENCE,PAGE 2 and that �Akdei 3tt�e will be assigned to work under this contract, and that his ex- (Name of Superintendent) perience in this kind of work is as follows: Name of Job Engineer or Owner Same as Countryside Interceptor and that ; Name(s) of assigned personnel have been assigned to work under this contract and that his/their experience in this kind of work is as follows: Name Experience AFFIDAVIT OF EXPERIENCE, PAGE 3 and that R.A.Ubert,Inc. have been assigned to work under this contract and that his/their experience in this kind of work is as follows: Name Experience Ralph Ubert Countryside Interceptor Subscribed and sworn to before me this day of -400 A1--( 1204 ry pu lic "OFFICIAL SEAL" MERYL BARNEff Notary Public,State of Illinois My Commission Expires 03/23/07 NOTE: Make copies of these pages if listing extends beyond these pages. 1350.North Old Rand Road Voice: 847.724.9477_ Faz: 847.459.947.6 - Wauconda,iliinois 10064 wwW.glenbrookexcavating.com Glenbrook Excavating& Concrete, Inc. E . .NT STATEM OF EXPE,R, 1,9 E (updated 11/1/05) . 'Members of: Lake County Contractors Association(LCCA) _ - Underground Contractors Association(UCA)- Illinois Roadbuilders Association aRBA) PERSONNEL Terry"Barnett, President. B.S.-Embry Riddle University;.Daytona,Beach, FL Management of daily activities, including banking; financing and accounting administration;insurance;and safety'director. Over"25 years experience. David BaIrnett, Vice-President/Superintendent SuperintendenVand general manager of all field activities and personnel.: Responsible for pay requests,job management including job coordination; subcd_ntractor and employee management: Over 25.yenrs in sewer; water, Ind_road•construction. Shane Rankins, Superintendent ' Superintendent and project manager.11 Management of field personnel and equipment Job management,:including scheduling and coordination with subcontractors ' and supplie-s Over 12',years construction expeience'as foreman. Glen Kin'hen, P.P., PiPo iect'Manager B.S.. Civil trigineenng,University of Illinois. Responsible for job estiinatmg,:purchasing, take offs, subcontractor and material.solicitations. Over 12 years engineering and.construction experience. Randy Rathmam:Pro iect Manager Engineer ng technician for I.D:O.T.,project manger, estimator and Superintendent in road and sewer industry: Responsible for estimating;purchasing, take-offs,.subcontractor and material' solicitations.. Over 30 years experience. - 2005-PROJECTS LD.O.T: Contract-483729 $3,400,000 -Vernon Hills . Reconstruction of Route 45 and Prairie Road City of Lombard.—North Broadway-Improvements $3,700,000 Road reconstruction, sanitary, water, and storm. sewer installation (up to 108":pipe) w/CIP PC Ca Junction chFunbers up to 37' deep Contact=Ray Schwab (630) 620-5979 Cit y Yorkville—,Rob Roy Creek Interceptor(Phase II) $i. 760,000 47610':6f 36"`PVC mnitary-(deep in wetsand) Contact Phillipe Moreau , WalterDeuchler &Associates , (630)_897-4651 Glen Ellyn=Forest &.Hillside: $1,200000 Sanitary, storm.and water with road reconstruction in Downtown Glen Ellyn.. Contact Joe°Caracc (Village of Glen Ellyn) (§50).742,-3288 Fairview Estates Subdivision $1,200;000 Wrecking, mass earth,grading .utiliti&, roads; lighting; and landscaping City of Evanston Sherman Plaza $ 400,000 48",storm, water and sanitary for downtown parking garage Village of Deerfield ,Stratford'Road $1;700;000 . Road reconstruction with new sanitary; water . and storm sewer Village of Round Lake -Western Trunk Sewer & $1,300,00 Dawn Marie Lift Station 2800' of 20" PVC sanitary sewer and 3200,' of 12" 'PVC force main and lift station. Contact—Jim Repp (Baxter & Woodman) (815) 482-8967 Xtra Lease—Des-Plaines $: 532,000 " Site Development Utilities for Plote Coristructiori Friendship Village" Schaumburg $ 504,060 Site Development Utilities for:Bovis Lend Lease 200 PRO�/ECTS City of Evanston ' Orrington & Nayes $ 350,000 Extension,of 35' deep junction box and associated,storm sewer and reconstruction . LCDOT-Wilson Road Reconstruction $3,250,000 Storm sewer installation and widening reconstruction Of+1-,oria mile of bituminous pavement. : 4.** Named Lake County Contractor of th;e Year for 2004 * * City of Highland Park,— Deerfield Road $1,900,000: 2000' of storm sewer(up"to 66 ").and reconstruction of Deerfield Road, including traffic signal modernization Cont Act =Mike Leimne(847) 878-1432 Village of Wheeling-So. :Transmission Main $;600,000 1400' of 20",DI watermain and PCC reconstruction . Contact = Sean Wan (847)344-4854 Village of Oak Brook Oak Brook Terrace Waterman, $: 450,000- 2800? of 16" waternanl: :;: Contact-'Craig Wood -332 Village of Addison,Evergreen &Vista, $ 700,000' 2200' of storm sewer (up to 42' ). 1400' of 8" sanitary and reconstruction of bituminous pavement . Contact— Greg Brunst, Village of Addision Village of Palatine 2004 Watermain Improvements $ 250,000 1600' of 8" watermain, open cut and directional drilled Contact Matt Greening (630) 972-3822 City of Des Plaines . 2004 Capital Improvements $ 350000 1100' of 6" FIDPE and PVC storm sewer,— Open cut and directional drilled` Contact Jane Johnson;City of Des Plaines City'of Des Plaines -,Wille Road Improvements. $. 850;000 Lift station fgr.Plote Construction. City:of Yorkville.—Rob Roy Creek Interceptor (Phase 1) $1,600;000 3600' of 36 PVC sanitary sewer Contact— Phillibe Moreau , Walter Deuchler & Associates (630).897-465.,l 20389 Weiland Rd. Voice;847.724.9477 Fax: 847.459.9476 Prairie Yew, IL 60069 www.glenbrookexcavating.com Excavating & Concrete, Inc. IN PROGRESS PROJECTS 2002 City of DesPlaines- 14001f 120" Rcp sewer, watermain and $2,300,000 complete road construction. Tim Oakley 847-391-5390 2002 Dupage County- Two projects with 15,000 if sanitary sewer $3,200,000 8"-20"ranging in depth up to 32 feet. Complete restoration of roads and parkways. Ken Zenisek 630-682-7220 2002 IDOT#41 Wilmette Ave- 5000 If of complete road reconstruction $2,200,000 with new combined sewer, curbs, sidewalks, traffic signals and asphalt pavement. 2002 IDOT #62 Plum Grove Rd- Complete reconstruction of a two lane $4,300,000 to four lane highway with new storm sewers, traffic signals, curbs sidewalks, landscaping etc 2002 The Glen Town Center- New storm, sanitary and watermain for a $1,800,000 40 acre site at the old Glenview Navy Base. Mark Kiel c/o Pepper Construction Co. 847-391-5292 COMPLETED PROJECTS 2001 Village of Oak Lawn - 8000 if of 54" PCCP watermain from the $5,500,000 City of Chicago through Oak Lawn. Project included one poured meter 4ault with six 16" meters with telemetry, rail road and highway augers 78", complete and partial road construction and restoration. Connection to City of Chicago 54"watermain and pump station. Mark Volk 708-865-0300 2001 Village of Lombard- Complete road, sewer and watermain 52,400,000 construction in residential neighborhood. Ray Schwabe 630-620-5979 2001 City of Evanston- 10001f of 36"pccp watermain rerouted around $700,000 MWRD canal. Included piling, sheeting,pipe thrust restraint on 40 foot deep caissons. Dave Stonebeck 847-328-2100 Members of: C to efe, c�nC` Ll!c:pr�L'R C:LLaL'a .T1L� i�c. 0 r • • t y y Zo d �^is8c xLiiL.1: ie V:cx, Jili.-,ots OCCba 4i i-Y �/I COMPLETED PROJECTS...: ,.; 2000 3000 Citizens Lake water 42" Watermain 55,300.000.00 Install 23.000 LFof4:".D.I.P. including Cathodic Protection. kugerina. Rock Escayarion Street Repair. River Crossing, and RestoMrioa. Much of this job was under the control Of Argonne National Laboratories and The DuPage Forest Preserve., Citizens Lake Water,Co. - Andrew Pizza 163 0) "39-8824 3000 CirizensLriiin_' C•Smpanv If) +a:ermain Si."9t),J00.�U Install 1Q.-JO) Lc )f 36" D.1.:'- including Restoration. Citizens tilir: Company - Rob Jetz - i3i)! 59-•3330 3000 L.D.C.T : liem - , S=.100.000.00 Bech'w'irn Road anti Laurca ecC .: ,•LV.:v.i v:cn: 4.000 LF of 1:"- 30" Sanitary and storm Sewer ..... �. ..- -ice.. -_ �]�._.... ins w•n iri- ',nrlude^ new Sidewalks. Curbs. Sod. Street, and TrafficLighting. i I.D.C.T. - Bob Giovanni ('"3) "74-4009 1999 1999 Ciry of Highland Park 52.000.000.00 Vine Street Waterrnain 5.000 LF 30" Watermain and Road Reconstruction Mike Major (84-) 43:-080" 1999 City of Des Plaines 51.000.000.00 1,800 LF 48" RCP and Road Cons--,action Larry Kasuba (84-) 391-5390 1999 City of Elgin 5 500.000.00 3,000 LF 3o i CCF °o' dcep Kenn• Construction - Mike Surman (84") :41-8:00 1999 Village of Glenview S 500.000.00 1,500 LF of 36" Watermain Robert Steele (84") ".4-1 700 Llla braor,. Excavating & Concrefe, Onc. 70389 rwciland O2oed ?rairu'U* Illinois 60069 847-724-9477 847-459-9476 ,7= 1999 Village of Lincioashire 51.800.000.00 6000 LF ,)f l8"-3,1" Ultra Rib Pipe 13'-30' Deep Sanitary Sewer including Pavement Patching and Restoration. Baxter Woodman - Denny Shinks (815) 459-1260 Village of Lincolnshire - Frank Tripicchio (847) 883-8600 1998 1998 Village of Wilmette 51,000,000.00 4.000 LF 12" Watermain and Road Construction Paul Kneuple (84") 351-2700 1998 Citv of Evanston 53.000.000.00 Various Sewer. Catch Basin. Restrictor Work and Road Construction Harzs Enzineering - Roger Schuler (847) 338-96-5 ,00Q'- :rv.-• :,r�(•, P-+seect 51.000.000.00 1,200 LF i2'7. 6' Box Culvert and Road Construction Sean Dorsey (84"1 8"0-5640 1998 IDOT - RT. 4" Storm Sewer 31.100.000.00 5.000 LF 42" Storm Sewer Illinois Department of Transportation 1998 Village of Palos Park 53300,000.00 35,000 LF 8" Sanitary Sewer, 4 Lift Stations Pat Jones (847) 448-2700 1998 Capitol Construction S 700,000.00 800 LF 73" Sewer Relocation and Road Construction Julie Grant (847) 253-3188 1998 Citv of Des Plaines 51,200,000.00 4.000 LF 12" Watermain and Road Construction Lam Kasuba (847) 391-5390 1998 Village of Kiideer 51,500,000.00 13,000 LF 8"- 24" Sanitary Sewer Including 8,900 LF of 8"- 15" Directional Boring of H.D.P.E. and Road Construction `:;.Gewalt Hamilton: Dave Gewatt (8.37) 478-7/800 e-tioroo7 Excavating &-. Concrete, <�nc. 20389 rwe6a q.`iri4 'dim, . W-WE U- 66669 847-724-9477 847-459-9476 .'fig= 1998 Town of Cicero 51.300.000.00 3.000 LF 16" and 24" Watermain 1997 1997 City of Highland Park 51.100.000.00 Lincoln Avenue Improvements 5.000 LF Sewer and Complete Road Reconstruction Mike Lemme (84") 431 0807 1997 Lake County Public Worts 513.000.000.00 Northeast Inte�cepto'r : Walsh/G l6n brook Joint VeMre. 63.000 LF of 30"- 54" Crete= Sanitary Sewer 10'- 34-' Deep including 9._00 of.`Micro -runnelina of 30"- 48" Hobas Pipe Lake County Public %Vorks - Peter Kolb (84") 680-1600 199.7• City of Chicago 51.500.000.00 Lake Shore Drive Reconnguration 5.000 LF U"-60" RCP Ten? & Associates - Pat Kielty (847) 486-5280 199 1996 \an be; Pe s; 51.000.000.00 Lake Shore Drive Main Drain 4,500 LF 60" RCP Storm Sewer Dave Ariola (313) 627-8600 199 1995 Village of Bloomingdale 51.300.000.00 West Indian Lakes Sanitary Sewer 141000 LF 8" Sanitary Sewer Wight Consulting - Bill Thomas (847) 665-1800 1992 1991 Citizens Utilities S 400,000.00 Lake Michigan Supply for Chicago Suburban System - Division C 960 LF 20" Watermain Andrew Pizza (630) 739-8834 ' NUCA Members On The Job Gier�brook ; and hereon.,::: _. Glenbrook an ._---- icts said:he Sta&S Shields �ugho In Deep : :_.._ is: th ote:'�' Sewer Job y o rc e Mti:.� : ,a to mote •= vatin;, winch 'LL7. Glenbrook =.Ccavacinz k. tJnc.ne toot:;ob fcr to::o. of EM. Ell.. :o ins'-.ail 36-:n,dia. :onc:e:e sarucar;- fewer pipe �t ;in:- -Cm : Co Zeee. TO Mari- _ the industry's stPongest shield craze .verktr ar-ty as rumrr _ -natenall h moved. :h- :ompany ipec:fied stacked Pro- 11as a unique iifiting Tee rent._radios :hat MCUSLLre0 .5--• nl_h. system Two P:Se=a rent^ shields ••vich Y- : -r . thief sid-%tails •.were =cked ]ne on moo [ was .he _[ie.. _: -cat- .._cid ':--`•-- .'.-_ slccme '.v_ mqu:re_ m. '-od. slcei :r _._ i 750 mit _. a. -' -. I _ •e..� sir e%Cav][c_ At`1. C_t :)8R __c:•: doze. where {„oeicor00 w;di _ . •+d nve ia•e."___.___ _' _ could ==4 .e iesniy cscac_tea ._atenai Komatsu -:v to ]& and :ow::- ha_0-=.. - _- t,r_^ :ets •.o. concrete aoe sections :o :he bottc� of:he ,�.-_ - aanile:onConents saon,_. . . 1 and conalece trench, i long-:. Officially named the Tyler Creek Ines--*- shields taste:• ifor sewer line. the Glenbmok portion of die ''=sic'•:n t; sz.`r• lob. valued _t S•100.000. consisted of 1:79 - �ii0n:1 Gn°:"CC.'..::tL1Cd—0 iin_f:.of 30-'.a.pi and four Y1-in. and "ive �PF. meet'.�;' .� reol.'1rements. j 72-in.-dca. :recast concrete manhole se-- dons.A tobe!co d=0 aonc end loader with `or_tis was,:sed:o handle:he 20-r..-ions oice m ! .. i PRO,TEC EQUIPMENT 1100-29P225 I ' Division of Transportation Martin G. Buehler, P.E. Director of Transportation/County Engineer S LakeCounty —17 600 West Winchester Road G ky Libertyville,Illinois 60048-1381 Phone 847 362 3950 Fax B47 362 5290 November 8, 2004 Glenbrook Excavating & Concrete, Inc. 20389 Weiland Road Prairie View, IL 60069 ATTN: Mr. Terry Barnett President Dear Mr. Barnett: I am pleased to inform you that the Lake County Division of Transportation has chosen to recognize your firm as our selection for "Contractor of the Year" at this year's Illinois Road and Transportation Builders Association annual meeting in December. We have selected your company for your work on the Wilson Road reconstruction project this past year and for your skill in advancing the objectives of the project given a number of complicating factors including the need to remain sensitive to motorists and the many residents that reside along the frontage of the project. Please plan to be present at the awards meeting on Thursday, December 2, 2004 at the Rosemont A & B Room at the Hyatt Regency O'Hare in Rosemont, Illinois at 4:30 pm. We are preparing a short presentation and will have our staff present to congratulate you on this accomplishment. If you have any questions or would like to talk with me in advance of the meeting, do not hesitate to give me a call. Very truly yours, ��Buehler, P.E. Director of Transportation/County Engineer Cc: William Grams Illinois Road and Transportation Builders Association V �` ,xaa ?c • -r One Olde Half Day Road 4- Lincolnshire, IL 60069-3035 847.883.8600 847.883.8608 (FAX) 1Y •Villageof October 24, 2002 Mr. Terry Barnett Glenbrook Excavating and Concrete Inc. 20389 Weiland Road Prairie View,IL 60069 The Village of Lincolnshire has had the opportunity to employ your company on a significant number of complicated underground projects over the past five years. In addition, I have been involved in municipal government for over 29 years and have worked with many different contractors,which brings me to my point. Mr. Don Adkins, one of your job site foremen, and his crew,have been the primary presence in our community. This individual has shown professionalism, quality workmanship and dedication to"getting the job done". Donny considers the impact of his work and how it effects the daily lives of the residents and creates an environment as acceptable as possible. He takes the time to explain the issues and accurately predicts the outcome. I know when I have a difficult project in Lincolnshire, I can count on the entire Glenbrook staff to see the project through. We know that, sitting in the office,we can talk about how good things can go, etc. Don Adkins makes it happen. I commend Mr.Don Adkins and his crew for the outstanding performance given to the Village of Lincolnshire. Respectfully, illage of Lincolnshire \ . Frank C.Tripicchio Director of Public Works cc: Mr.David Barnett Mr.Rod Rankins Mr, Don Adkins VAPw\CAPITAU 22 San Sewer\ft102402 Glenbrook ' . -- — C Ln CM i•r - .�a•. cz m ca ' F • • • - • , ." • I CONTRACT 1 THIS AGREEMENT made and concluded this day of 2005,between the CITY OF YORKVILLE, acting by and through its President and Board of Trustees, known as the party ofthe first part,and GLENBROOKEXCAVATING&CONCRETE, INC., known as the party of the second part. 2 WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the bond referring to these presents, the party of the second part agrees with said party of the first part at its own proper cost and expense to do all work, furnish all materials and all labor necessary to complete the work in accordance with the terms of the Advertisement,Instructions to bidders,Proposal, Specifications,Plans and Contract Bond,all of which documents are hereto attached and made part of hereof,and in accordance with plans entitled "SOUTHWEST INTERCEPTOR, CONTRACT 1, PHASE 1,YORKVILLE, ILLINOIS,which have been delivered to party of the second part under separate cover. 3 Said party of the second part shall not assign said Contract or any interest therein. 4 It is also understood and agreed that said Instructions to Bidders, Proposal, Specifications, Plans and Contract Bond hereto attached are all essential documents of this contract and are part hereof. 5 The said parties hereto, for themselves,their successors and assigns,hereby agree to the full performance of the covenants herein contained and as set forth in the attached documents. IN WITNESS WHEREOF,the CITY OF YORKVILLE has caused this contract to be signed with its corporate name by its Mayor who is thereto duly authorized, and corporate seal to be affixed by its City Clerk, and GLENBROOK EXCAVATING & CONCRETE, INC. has hereunto set its corporate name by its President,who is thereto duly authorized on this day and year above written. FOR CITY OF YORKVILLE By MAYOR ATTEST: CITY CLERK FOR GLENBROOKEXCAVATING&CONCRETE,INC. (SEAL) (CORPORATE SEAL) Reviewed By: J2 t T Le al ■ City Council a g r. 1836 Finance Es ■ l h� Engineer ❑ < y City Administrator E] Agenda Item Tracking Number C� O Consultant ❑ r' f I`r� I ° HR ■ <LE City Council Agenda Item Summary Memo Title: Tuition Reimbursement Policy Update City Council/ COW/Committee Agenda Date: City Council—January 24, 2006 Synopsis: Proposed updates to the Tuition Reimbursement Policy, based off of comments on policy questions from Oct. 6th Admin, Nov. 3't Admin, and Jan. 5th Admin Council Action Previously Taken: Date of Action: 1105; 11105 Action Taken: Approved: Section 8.6d, 8.6i; tabled to Dec. 20 COW Item Number: Type of Vote Required: Simple majority Council Action Requested: Vote to approve Submitted by: Bart Olson Admin Name Department Agenda Item Notes: Documents: 1) clean copy and track changes copy of employee manual section changes. After Jan. 17th COW discussion, eligible degree level list was removed from consideration, and was replaced within the policy with a reference to each job description's minimum requirements. Qualifying degree levels were also clarified. Section 8.6h is to be removed; in previous drafts staff forgot to acknowledge the removal of the final paragraph of Section 8.6h, which begins with"This stipend is applicable..." STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION AMENDING UNITED CITY OF YORKVILLE EMPLOYEE MANUAL REGARDING REVISED TUITION REIMBURSEMENT POLICY WHEREAS,the United City of Yorkville has approved an Employee Manual dated 2-10-04, by Resolution No. 04-02 dated February 10, 2004; and WHEREAS,the City Council of the United City of Yorkville has considered amending said Employee Manual, and has discussed said proposed amendments; and WHEREAS,the amendments that the Council now desires to make in the employee manual are set forth on the attached Exhibit"A"which is incorporated herein, specifically that Sections 8.6b and 8.6d as forth in Exhibit"A" shall be substituted for the currently existing sections 8.6band 8.6d, and that Section 8.6h shall be deleted in its entirety as also set forth in Exhibit"A"; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Employee Manual of the United City of Yorkville is hereby amended as set forth on Exhibit"A" attached hereto and incorporated herein specifically that Sections 8.6b and 8.6d as forth in Exhibit"A" shall be substituted for the currently existing sections 8.6band 8.6d, and that Section 8.6h shall be deleted in its entirety as also set forth in Exhibit"A" WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (OD c/p` Yorkville 0 United City of EST 36 Tuition Reimbursement B nt Policy — 1/20/06 �(E \Vv Additions to Existing Employee Manual Section 8.6b — All requests by an employee for the enrollment to a college degree program or certificate programs must be submitted by the Department Head to the City Administrator for approval. Any requests for a degree program beyond one level above what is explicitly stated in the minimum requirements for each position's job description must be submitted to the Mayor and City Council for approval. The City recognizes four (4) levels of degree programs described as follows: 1) high school, 2) 64 credit hours of college coursework, 3) bachelor's degree, and 4)master's degree. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. Section 8.6d - The tuition and fees only(no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, pending the completion of a consent form for repayment. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. Seetio O N6 .AA. R' Eduea4otta4 sfipen4s will be paid for e4ueatian in their related field aver that require4 for entry level o 4mt position as follows for all fu4i tii"e non bargaining enVlayees! Asseeiate Degree or 60 Credit H&-ff s -244 Bttehelar's Degree 21X Master's Degree -24; Ptis stipend is ftpplieable only to one (1) degree beyond that neeessary for en"4evel of that pasitia exeept thft+a4l are eligible to eam up to the Baelielor Degree level fts outlitted above (atte tiffte ftnflutll salary adjttstment). i Formatted:Left: 0.8',Right: ,tea C7r Top: 0.8",Bottom: ON r` oe United City of Yorkville ir3 Tuition Reimbursement Policy— 1/20 06 (DRAFT) Deleted;11 6 - N ke \� Additions to Existing Employee Manual Section 8,64— Deleted: OWPUaw) All requests by an employee for the enrollment to a college degree programer certificate programs- - Deleted:that is included in the citys. must be submitted by the Department Head to the City Administrator for approval. Any requests for a eligible delta level list degree programbeyond one level above what is explicitly stated in the minimum ret)_uirements for each , -- Deleted:level position's job descriptioii must be submitted to the Mayor and City Council for approval.The he City - Deleted:r hat o exptickly td recognizes four(4)levels of degree programs descubedps followy; 1) high school,2)64 credit hours '- Deleted:laeGggibie dg= level liar of college coursework ;)bachelor's degree.and 4)master's degree. Then all courses related to the peletEy, program shall be eligible for payment subject to budget approval. This provision shall be subject to (Deleted:shallbe qualifiedas fob change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore,the employee shall provide a grade or transcript to the Department Head upon �De�eted:°as the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. Section 8.6d:j Deleted:(pmpo6w) The tuition and fees only(no books or materials)of an elective or required course will be paid through direct billing from the appropriate school,pending the completion of a consent form for repayment. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained,the employee will be required to pay back 100%of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. Formatted:Font:Times, ------ - Strikethrough Ffiftestional stieends voRl he -_for eduee _- Asseeittie BeRree or 60 Gieflit Hours 2% $aehele>'s-Deeree _ -2 Nfester'sBeetee 2 exeeof thatt all are elijt6ble to emn tte to the Btteheler Beeree le�el as ett6ined above(one time annual Deleted:I