City Council Packet 2006 02-14-06 `QED C/T!
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800 Game Farm Road
Yorkville Illinois 60560
Telephone: 630-553-4350
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
6:30 PM
Tuesday, February 14,2006
Call to Order: 6:30 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD H WARD III WARD IV
Paul James Valerie Burd Marty Munns Joe Besco
Jason Leslie Dean Wolfer Rose Ann Spears
Establishment of Quorum:
Appointment of Ward III Alderman:
Executive Session:
1. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act,whether for
purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by
Section 2.06.
2. For 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.
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, March 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, March 2, 2006
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday,March 9, 2006
City Hall Conference Room
City Council Meeting Agenda
February 14, 2006
Page 2
Public Hearings: None
Presentations: None
Citizen Comments:
Consent Agenda
1. PS 2005-12 Police Reports for November 2005
2. PS 2006-01 Police Reports for December 2005
3. EDC 2006-01 Building Permit Report for November 2005
4. EDC 2006-02 Building Permit Report for December 2005
5. ADM 2006-17 Ordinance Abating $2,000,000 General Obligation Bonds (Alternate Revenue Source),
Series 2005C (Waterworks System—EEI Contracts B.2 and B.3) - authorize Mayor and City Clerk
to execute
6. ADM 2006-18 Ordinance Abating $11,300,000 General Obligation Bonds (Alternate Revenue Source),
Series 2005D (Rob Roy Creek Interceptor) -authorize Mayor and City Clerk to execute
7. COW 2006-02 Purchase Agreement for Post Office Property on Hydraulic Avenue -authorize in an
amount not to exceed$275,000.00 and Mayor to execute
8. PKBD 2006-01 Yorkville Youth Baseball/ Softball Association 2006 Agreement-authorize Mayor
to execute
Plan Commission/Zoning Board of Appeals:
Minutes for Approval(Corrections and Additions):
Minutes of City Council—January 24, 2006
Minutes of Committee of the Whole—December 6, 2005, December 20, 2005, January 3, 2006 and
January 17, 2006
Bill payments for approval from the current Bill List(Corrections and Additions):
Checks total these amounts:
$ 1,650,008.28 (vendors) (Revised 2/9/06—See revised summary in packet.)
$ 168,048.41 (payroll period ending 1/21/06)
$ 14,206.62 (special census payroll period ending 12/25/05)
$ 8,048.33 (special census payroll period ending 1/08/06)
$ 10,660.41 (special census payroll period ending 1/20/06)
$ 1,850,972.05 (total)
City Council Meeting Agenda
February 14,2006
Page 3
Reports:
Mayor's Report:
1. Proclamation for National Engineer's Week
2. Appointment of Executive Director of Parks and Recreation
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 Repo
Chief of Police Report:
Executive Director of Parks&Recreation Report:
Community&Liaison Report:
Committee Reports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Report:
1. PC 2005-45 Onishi—McHugh Professional Building
Petitioner's request to postpone vote to the March 14, 2006 City Council meeting
to provide time to revise site plan and annexation agreement for presentation for
consideration by the City Council.
2. PC 2005-37 Comeils Crossing
a. Annexation Agreement and Preliminary Plan
b. Ordinance Authorizing the Execution
c. Ordinance Annexing
d. Ordinance Rezoning
3. PC 2005-16 Resolution Approving Preliminary Plan for Kendallwood Estates
4. PC 2005-54 Resolution Approving Preliminary/Final Plat for Grande Reserve Unit 12
5. PC 2005-55 Resolution Approving Preliminary/Final Plat for Grande Reserve Unit 13
6. EDC 2005-09 Resolution Amending Resolution 99-25,the Pilot Fagade Improvements and Historic
Preservation Agreements between the City and Certain Merchants/Building Owners and Residents of
said City (Fagade Improvement Agreement)
7. EDC 2005-03 Resolution Establishing a Policy for the Collection of Transportation Development Fees for
Kendall County Highways
City Council Meeting Agenda
February 14, 2006
Page 4
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. No Report.
Additional Business:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006
'PUBLIC WORKS'
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
CONOMIC DEVELOPMEN_1j_
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
PUBLIC SAWN,
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
NISTRA__TION
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Ohare Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderwoman Burd
MimHOC: TECHNOLOGY;
Comm ittee __— —— —— —-------
Co-Chairman: Alderman Wolfer
MINUTES OF TBE REGULAR MEETING OF THE CITY COUNCIL DR�F T
OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO
HELD IN TBE CITY COUNCIL CHAMBERS.
800 GAME FARM ROAD ON
TUESDAY,JANUARY 24.2006.
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 11 Burd Present -
Wolfer Present
Ward III Oharc Present
Munns Absent
WardN Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer Powell,Interim City Administrator Crois,
City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,.Finance Director
Pleckham,and City Intem/Deputy Clerk Olson.
OUORUM
A quomm 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
Mayor Prochaska asked that a presentation to Lieutenant Schwartzkopf be added to the agenda
under Presentations.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,February 6,2006
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,February 16,2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,February 2,2006
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 7:00 P.M.,Thursday,February 9,2006
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee T.B.A.
Administrative Task Force 6.00 PAL,Tuesday,February 14,2006
City of Yorkville Conference Room
800 Game Farm Road
Legislative Task Force 6.00 P.M.,Tuesday,February 28,2006
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS
Commendation—Officer Dan Pleckham
Mayor Prochaska,Chief Martin and Police Commissioner Bob Johnson presented Officer
Pleckham and canine officer Jumbo with a commendation for performance above and beyond the
call of duty. While on patrol on October 3,2005 Officer Pleckham performed a traffic stop for a
minor offense however during the investigation Officer Pleckham suspected that the driver was
The Minutes of the Regular Meeting of the City Council—January 24,2006—page 2
under the influence of an unknown substance. Canine Officer Jumbo also alerted Officer
Pleckham to an area of the suspect's vehicle where upon further investigation;Officer Pleckham
found 9728 hits of ecstasy ready for sale on the streets. The suspect was arrested and charged for
several offenses related to the possession of the drug.
Commendation-Lieutenant Schwartzkopf
Mayor Prochaska,Chief Martin and Police Commissioner Bob Johnson presented Lieutenant
Schwartzkopf with a commendation for his deployment with the ILEAS Special Response Team
—Region 3 to the State of Louisiana from September 16,2005 to September 29,2005 in order to
assist with hurricane Katrina disaster.
Water Connection Fee—Proposed Revision
PW 2006-18
Jeff Freeman with Engineering Enterprises Inc.(EEI)presented the City Council with a handout
of tables regarding the water supply,treatment and storage costs per population equivalent(see
attached). He stated that the Water Connection Fee was reviewed and a plan was finalized in
2003. At that time the fee was based on$760.00/population equivalent(P.E.). He explained that
a single-family residence(SFR)has a P.E.of 3'/z so the fee was$2,660.00/SFR. The fee is used
for wells,water treatment and the storage of the water.
He explained the presented exhibits:
o Exhibit 1:Water Supply,Treatment and Storage Cost per P.E.-EEI has determined that
the connection fee should be$1,055 per/P.E. This is the amount needed for one person to
buy supply,treatment and storage of water in the City's system. The population of a
typical SFR is 3'h people so the fee per house is$3,692.50 rounded to$3,700.00/SFR or
$1,057.00/P.E. This is an increase of$297.00/P.E.
o Exhibit 2;Recommended Water Connection Fees Based on Meter Size-This exhibit
compares the current fees to those in neighboring communities. Increases anywhere from
$1,040.00 to$6,000.00,depending on water meter sin,are recommended.
o Exhibit A: Residential Connection Fee-This table takes the information from Exhibit 1
and places it the table format that is used in the current ordinance.
o Exhibit B: Non-Residential Connection Fee-This table takes the information from
Exhibit 2 and places it in the table format that is used in the current ordinance.
Mr.Freeman entertained questions or comments.
Alderman Ohare question the most common size of water meter used and Mr.Freeman indicated
it was 1"or less.
There were no further questions.
Mayor Prochaska noted that it has been discussed in the past to review the non-residential fees.
He asked if this had been discussed by the Public Works Committee. Alderman Besco indicated
it had been discussed and the Committee was in favor of the information presented by Mr.
Freeman. The Committee agreed that the fee for 6"and 8"meters should be left as"to be
determined"on a case by case basis.
Alderman Spears asked if the staff determined what the time frame for the last increase was.
Director Dhuse stated he was still researching this and Mr.Freeman thought it began with the
fiscal year.
PUBLIC HEARINGS
Bristol Bay I—Special Service Area 2005-109
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Bristol Bay I—Special Service Area 2005-109.So moved by Alderman Wolfer;seconded by
Alderman Ohare
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Leslie-aye,Obare-aye,Spears-aye,Wolfer-aye
Mayor Prochaska turned the floor over to James Berry with Centex Homes. Mr.Berry explained
that the SSA was part of the Annexation Agreement and bonds will be used to defray the costs of
financed public improvements. He went over a packet of information distributed by Centex
Homes(see attached):
• SSA Financed Public Improvements—earthwork,curbs,street lights,etc.
• Total Public improvements—the actual numbers are still being defined by the City's
bond consultants. Total public improvements are currently estimated at approximately
$57 million. Of this amount,an SSA of$14 million is being requested with the
The Minutes of the Reffular Meeting of the City Council—January 24.2006—ogee 3
remainder to be paid by Centex Homes($42 million). The reimbursement will be
approximately 25%of the total cost of public improvements.
o Project Amenities as a Result of the SSA—front funding approximately$1.2 million
on the interceptor project,culvert renovations on Galena Road,leave Bertram
Homestead undeveloped,etc.
The floor was opened for public comments;there was none.
The floor was opened for City Council comments.
Alderman Spears commented that upon reviewing page eight of the Centex Homes handout,there
are items mentioned,such as landscaping,entrance monument and clubhouse,that she did not
feel benefited the City as a whole. She stated that she was not comfortable having these items
included. Mr.Berry indicated that these items are allowable under the SSA however currently
they are not proposed to be paid for by the SSA. He stated that the bond consultants will
recommend what should be covered by the SSA. She asked how Centex Homes would feel if the
City Council asked that these items be removed from consideration. Mr.Berry stated that they
would probably not have a problem with this.
Alderman Ohara commented that she thought that the regional storm water management facility
was a good thing. She asked if other developers were going to contribute to this. Mayor
Prochaska explained that Centex Homes is contributing the land and construction costs will be
contributed by other developers.
Alderman Bard expressed a concern that she has been told that homeowners in the areas with
SSA's have been told by developers that the SSA covers funding to the School District. She
stated that she wanted to make certain that this impression is not given to homebuyers. Mr.Berry
stated that Centex Homes bas information that is given to homebuyers that indicates what the
SSA is for,how it works and how SSA payments are prorated when the property is sold. There is
nothing regarding the School District in this information.
Alderman James commented that he did not feel that public improvements within the
development should be part of the SSA however those improvements that affect the entire
community such as main road improvements or traffic signals on main roads were viable.
Mayor Prochaska asked if Centex Homes could clarify what improvements being funded by the
SSA are above and beyond what is required by the City. Mr.Berry stated that without a SSA,the
developer might have done a smaller project in an effort to reduce their initial costs. He stated
that they will try to attempt to provide this information however there are things they have been
able to do because of the size of the project.
Peter Raphael with William Blair @ Co.commented that they are still working with the
consultant who will help spread the tax allocation in an effort to provide that the tax will be fair
and is applied rationally. He stated that the establishing ordinance for the SSA will be back
before the City Council in February and at that time he will be able to tell the City Council what
the dollars will be spent for.
Alderman Brad asked if the City Council will receive a schedule for when the improvements are
put in place. Mr.Berry indicated that some improvements are already finished and he explained
that the park land has been graded,the equipment has been purchased and they are coordinating
with the Park Department for the completion of the parks when the weather permits. Alderman
Bard stated that she wanted to make sure that the amenities covered by the SSA's are in place
early in the development.
Alderman Besco noted that the Economic Development Committee is currently reviewing the
policy on SSAs. He stated that he felt page eight of the handout was deceiving and he
commented that he has had a hard time with SSAs. He stated that he looks at the hard cost of
infrastructure such as the culvert under Galena Road and some of the improvements would not be
necessary if it wasn't driven by the development, He stated he understood the need in some
instances where an SSA is a benefit however he was going to remain cautious of them.
Alderman Spears asked what would be Centex Homes next step if the City Council did not pass
the SSA and Mr.Berry stated that they would have to discuss the matter with their legal consul
because the SSA is part of their Annexation Agreement.
There were no further comments or questions.
The Minutes of the Reeular Meetine of the City Council—January 24,2006—maee 4
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco;seconded by Alderman Ohm.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Leslie-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye
Autumn Creek—Special Service Area 2005-108
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Autumn Creek—Special Service Area 2005-108. So moved by Alderman Ohm;seconded by
Alderman Besco.
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 turned the floor over to Matt Cudney with Pulte Homes who explained that
their handout was similar to Centex Homes'. He stated that the SSA would be for the entire
project;it is not being done in phases. He stated that the Annexation Agreement allows for a
SSA in an amount up to$16 million however they are keeping the bonds under$15 million. He
went over page eight of the handout which outlined what the SSA would allow Pulte Homes to do
such extending the Countryside Sewer Interceptor,widening Kennedy Road,extending a 16"
watermain loop,etc.
The floor was opened for public comments;there was none.
The floor was opened for City Council comments.
Alderman James asked if$3.4 million of the bond was being used for the Countryside Sewer
Interceptor. Mr.Cudney explained that the interceptor cost came under Offsite Sanitary
improvements and was estimated at$545,187.00. Alderman James asked if the$3.4 million for
storm sewers included sewers in the subdivision and Mr.Cudney stated some of it is within the
subdivision. Alderman James indicated be would like to see the cost broken out;what cost is
related to the subdivision and what portion of the cost is for improvements above and beyond
what is required. Mayor Prochaska agreed with Alderman James and suggested they provide a
breakdown of the improvement costs.
Alderman Spears questioned the cost of street signs;was this for signs to be used in the
subdivision. Mr.Cudney indicated he believed it was. She asked if the utilities would be
underground and Mr.Cudney stated that utilities will be buried along Route 34.
There were no further comments or questions.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd;
seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-eye
CITIZEN COMMENTS
Bob Johnson,410 E.Spring Street,addressed the City Council on behalf of the Simmons family.
He read a letter dated January 23,2006 from the family(see attached)which thanked Chief
Martin and the Yorkville Police Department for coordinating the funeral procession for April&
Addison Simmons.
Joe Gillespie,1218 Willow Way,addressed the City Council. He stated that he first wanted to
thank Alderman Ohare for her dedicated service to the community. Secondly,he stated that he
has seen things in the newspaper he was not pleased with. He stated that Yorkville is a great city
to live in and it is not the City of Chicago. He stated that individuals do not need to"slam"
people or make comments as to why people resigned. He stated that if the City Council blocks
the appointment to the Ward III seat,they should look at themselves in a mirror and remind
themselves they are serving the residents of the United City of Yorkville
CONSENT AGENDA
1. Monthly Treasurer's Report for November 2005(ADM 2006-01)
2. Ordinance 2005-05—Abating$3,500,000.00 General Obligation Bonds(Alternate
Revenue Source)Series 2004B(Countryside Interceptor)-authorize the Mayor and City
Clerk to execute (ADM 2006-07)
The Minutes of the Reeular Meetine of the City Council—January 24,2006—naee 5
3. Ordinance 2005-06-Abating$3,525,000.00 General Obligation Bonds(Alternate
Revenue Source)Series 2005(Countryside Center TIF)-authorize the Mayor and City
Clerk to execute (ADM 2006-08)
4. Ordinance 2005-07-Abating$3,825,000.00 General Obligation Bonds(Alternate
Revenue Source)Series 2005A(In-Town Road Program)-authorize the Mayor and City
Clerk to execute (ADM 2006-09)
5. Bristol Bay—Plat of Easement for Offske Utilities-authorize the Mayor and City Clerk
to execute(PW 2006-05)
6. Betzwiser Development—Earthwork Letter of Credit Expiration-authorize City Clerk to
call Letter of Credit if not renewed by April 3,2006(PW 2006-06)
7. Rob Roy Creek Interceptor(Contract#2)—Change Order#2-authorise increase in an
amount not to exceed$4,100.00 and Mayor and City Clerk to execute(PW 2006-07)
8. Rob Roy Creek Interceptor(Contract 0)—Change Order#32-authorize increase in an
amount not to exceed$6,400.00,a thirty day time extension to March 31,2006 and
Mayor to execute(PW 2006-08)
9. Sunflower Estates Unit 1—Bond Reduction#4—authorize reduction to Scheer's Bond
No. 126574 in an amount not to exceed$146,498.84(PW 2006-10)
10. Sunflower Estates Unit 2—Bond Reduction#2—authorize reduction to Scheer's Bond
No.158160 in ran arnount not to exceed S90,0 76 92(PW 2006-11)
11. Sunflower Estates Unit 3—Bond Reduction#2—authorize reduction to GulfBuurance
Bond No.B21867156 in an amount not to exceed$103207.01(PW 2006-12)
12. Galena Road Watermain—LayCom Easement-authorize the Mayor and City Clerk to
execute(PW2006-13)
13. Saravanos Properties—Earthwork Letter of Credit Expiration-authorize City Clerk to
call Letter of Credit if not renewed by April 7,2006(PW 2006-14)
14. 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 mnount not to exceed$4,123.00(PW
2006-15)
15. 2005 In-Town Road Program-Change Order#1-authorize reduction in an amount not
to exceed$37,234.51 mid authorize the Mayor and City Clerk to execute(PW 2006-17)
16. 2005 In-Town Road Program Phase 2—Smith Engineering Supplemental Engineering
Agreement—approve in an amount not to exceed$14,280.00 and authorize the Mayor to
execute (PW 2006-09)
17. Resolution 2005-05—Approving Policy for Private Improvements in City Right-of-Way,
Tree Removal-authorize the Mayor mid City Clerk to execute
18. 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 murex and pay Infrastructure Participation Fees.
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Ohare;seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Leslie-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
Mayor Prochaska reported that there were two public hearing at the last Plan Commission
meeting. Both hearings are being continued until the next meeting due to errors in the address;
they will be re-noticed. Under old business,the preliminary plans to Kendallwood Estates
(between Route 126 and Van Brannon Road), Evergreen Farm(development on Fox Road)and
Grande Reserve Units 12&13(Mill Road)received positive recommendations. The concept
plan for the Rush-Copley project was presented along with a plan for the adjacent 100 acres. The
Plan Commission members were receptive to the medical center and they did not have any big
issues with the type of uses for the residential are except density. The other concept plan
presented was for Heartland Crossing(Amen Road and Route 47). The Plan Commission
discussed the alignment of streets and the commercial area in relation to the residential area.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
November 22,2005,and December 27,2005 and the Committee of the Whole meetings from
October 18,2005 and November 15,2005;seconded by Alderman Besco.
Motion approved as corrected by a viva voce vote.
The Minutes of the Regular Meeting of the City Council—January 24.2006—oage 6
_ BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated January 12,2006 totaling the following amounts:checks in the amount of
$1,580;407.10(vendors);$165,107.96(payroll period ending 1/7/06);for a total of$1,745,515.06
seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Leslie-aye,Ohum-aye,Spears-aye,Wolfer-aye
REPORTS
MAYOR'S REPORT
Ward HI Alderman Vacancies
Mayor Prochaska reported that he is recommending James L.Bock for the Ward III vacancy. He
asked that the members of the City Council take time to contact Mr.Bock and that he will be
asking for a vote of confirmation of February 14,2006. He gave some background information
on Mr.Bock: -
o Resident of Yorkville for 4'/2 years,
o Grew up on the south side of Chicago
o Retired Navy Captain(served 28 years)
o Former real estate agent
o Vice-president of the Kylyn's Crossing Homeowners Association
o Married to his wife Barbara for forty years
o Four children and seven grandchildren.
Big Brothers/Big Sisters Bowling
Mayor Prochaska reminded the City Council that the City needs to have a team put together for
the annual Big Brothers/Big Brothers Bowl-a-thon being held on February 25,2006 at 5:30 p.m.
He noted he had sponsorship envelopes for those interested in joining him in bowling.
Goal Setting Session
Mayor Prochaska reminded the City Council that they would be meeting on February 11,2006 at
9:00 a.m.for their goal setting session. He asked the members to contact City Secretary Annette
Williams to confirm their attendance. -
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
Robert's Rules 101
Attorney Wyeth reported that he distributed the latest version of the Robert's Rule update(see
attached). He explained that there are five types of motions and so far he has covered three of
them;main,subsidiary and privileged The next type is the incidental motions. These motions
come up from time to time in order to accomplish something incidental to what may be going on
in a meeting.He went over the 1 I incidental motions;point of order,appeal,suspend the rules,
objection to the consideration of the question,division of a question,consideration by paragraph,
division of the assembly,motions relating to methods of voting and the polls,motions relating to
nominations,request to be excused from duty and requests and inquiries. He stated that the last
category of motions is to bring a question before the body again. When these are completed,all
the motions will have been covered.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMWISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
The Minutes of the Regular Meeting of the City Council—January 24.2006—page 7
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
No report.
COMMUNITY&LIAISON REPORT
Human Resource Commission
Alderman Spears reported that she attended the Human Resource Commission(HRC)meeting on
January 18,2006. The following items were discussed:
o A Senior Advisory Committee and Yorkville Youth Center. Some members
indicated that they did not feel qualified to address the needs of seniors however it
was recommended that a survey be prepared and distributed to the residents of
Yorkville for input as to both a Senior Advisory Commission and a youth center.
o Problems with the historical street naming procedure;several names were placed on
the official list and unfortunately four were misspelled. Two names were picked for
use in the Grande Reserve subdivision and the signs have already been placed with
the incorrect spelling. The correct spelling of the names is so similar,the approved
nominees cannot be considered. The two additional names have not been selected.
The HRC recommended that before any street signs are ordered,the Public Works
Department verify that the names are approved and the spelling is correct.
Alderman Besco questioned senior issues on the HRC agenda. Alderman Spears stated that there
were no senior issues on the agenda however she read the agenda to the City Council and there
was an update on the Senior Services Grant recommendation and a Senior Services item on it.
She stated that the Senior Service item regarded what was going on at Beecher Center;how it is
working. Alderman Basco noted that he HRC stated they are uncomfortable discussing senior
issues however they had two items regarding seniors on their agenda. Alderman Spears stated
that the issues being discussed are items that the City Council has brought to them and the funds
from the Polka Party were also discussed.
On another note,Alderman Besco clarified that since the names used by Grande Reserve were
misspelled;they have not met the City's requirement Alderman Spears stated that due to the
misspellings,Grande Reserve does not have any historical street names. Mayor Prochaska stated
that they do still have some historical names however it needs to be verified if they meet the
minimum requirement. He also noted that there are still areas in Grande Reserve to be developed.
Metropolitan Mayor's Caucus
Mayor Prochaska reported that he attended the Metropolitan Mayor's Caucus on January 20,
2006. He stated he was the first Kendall County mayor to attend. He stated that it was
enlightening;he learned bow other cities work. He stated that he had the opportunity to speak
with Tim Martin the director of the Illinois Department of Transportation(IDOT)who was at the
event to make a presentation on the governor's budget. Mayor Prochaska asked if Route 47 was
included in the budget and Mr.Martin stated a small portion was;from Route 71 to Kennedy
Road. Mr.Martin did caution that the budget has not been approved. Mayor Prochaska also _
reported that the director of the Regional Transit Authority(RTA)discussed the RTA's greater
plan. Mayor Prochaska asked if the plan included Kendall County and he was told that they are
actually looking at Kendall County and beyond.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Southwest Interceptor—Hydraulic Avenue Construction Contract
(PW 2006-19)
A motion was made by Alderman Besco to enter into a contract for construction of a portion of
the Southwest Interceptor beneath Hydraulic Avenue to Glenbrook Excavating&Concrete,Inc.
in a sum of$218,880.00 pursuant to the terms presented and to authorize the Mayor and City
Clerk to execute subject to legal review;seconded by Alderman Wolfer.
Alderman Besco noted that the City has a working relationship with Glenbrook Excavating and
that the project is timed so that a new road will not be torn up.
Mayor Prochaska clarified that this was a single-source bid and a super majority vote was needed
for this to pass.
Motion approved by a roll call vote. Ayes-7 Nays-0
Leslie-aye,Wolfer-aye,James-aye,Ohara-aye,Burd-aye,Spears-aye,Besco-aye
The Minutes of the Reeular Meetine of the City Council—January 24.2006—oaee 8
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMM TTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Ordinance 2006-08 Abating$625,000 General Obligation Bonds
(Alternate Revenue Source)Series 2002 Fox Industrial Park
(ADM 2006-06) -
A motion was made by Alderman James to approve an ordinance abating$625,000.00 General
Obligation Bonds(Alternate Revenue Source)Series 2002 for Fox Industrial Park and authorize
the Mayor and City Clerk to execute;seconded by Aldemmn Obare. _
Motion approved by a roll call vote. Ayes-6 Nays-0 Abstains-1
Wolfer-aye,lames-aye,Ohare-aye,Burd-aye,Spears-aye,Besco-aye,Leslie-abstain
Resolution 2006-06 Amending Employee Manual Regarding
Revised Tuition Reimbursement Policy
(ADM 2006-12)
A motion was made by Alderman James to approve a resolution amending the Employee Manual
regarding a Revised Tuition Reimbursement Policy and authorize the Mayor and City Clerk to
execute;seconded by Alderman Ohm.
Mayor Prochaska thanked the committee for the time spent developing the policy.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Ohare-aye,Burd-aye,Spears-aye,Besco-aye,Leslie-aye,Wolfer-aye
ADDITIONAL BUSINESS
Alderman Ohare Farewell
Alderman Ohare stated that she and Alderman Wolfer have discussed several issues facing the
City and one thing in particular has been a percentage amount of property taxes that could be
rebated to senior citizens. She asked Alderman Wolfer to continue researching this. She also
noted that she would like the City Council to work with the Yorkville Economic Development
Corporation to bring in more business and abolish the word"moratorium"because businesses
bring more,both jobs and funds,to the City. She thanked the City stafffor all their kindness and
assistance to her,without it she could not have done a goodjob for Ward III. She especially
thanked Laura Brown,Tony Graff,Rich Sticka and Larry Kot because they helped her understand
the wisdom of working together as a team and the importance of having a common goal. She
thanked her fellow Council members and she thanked her husband David for his patience with
"City business". She stated that she has called Yorkville home for twenty-six years and she
wished the community well.
Mayor Prochaska presented Alderman Ohare with a clock as a memento for all the years she has
served the community notjust on the City Council but also for her involvement with the Library
Board,the Citizens Police Academy Association Alumni and the School District. He stated that
the community will miss her but he encouraged her to enjoy retirement and her family.
Mayor Prochaska invited everyone present to have refreshments after the meeting.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of.,
• Discussing 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.
• Collective negotiating matters between the public body and its employees or their
representatives or deliberations concerning salary schedules for one or move classes of
employees.
He asked that Clerk Milschewski,Interim City Administrator Crois,Attorney Wyeth and Chief -
Martin be included in the session.
So moved by Alderman Besco;seconded by Alderman Leslie.
The Minutes of the Regular Meeting of the City Council—January 24,Z006—ogee 9
Motion 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 8:30 p.m.
The City Council returned to Regular Session at 8:55 p.m.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by
Alderman Ohare.
Motion approved by a viva voce vote.
Meeting adjourned at 8:56 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 5
COMMTTTEE OF THE WHOLE DRAFT
Tuesday,December 6,2005
7:00 P.M.
City Conference Room
Present
Mayor Art Prochaska Sergeant Rich Hart
Alderwoman Valerie Burd Rich Guerard, Wyndham Deerpoint
Alderman Jason Leslie David Knott,Hudson Lakes
Alderwoman Wanda Ohare Jeff Freeman, EEI
Alderman Paul James John Whitehouse,EEI
Alderman Joe Besco Kathy Farren,Record
Alderman Dean Wolfer David Schultz, SEC
City Attorney John Wyeth Scott Termine, Crowe Chizek
City Administrator John Crois John Weber, Crowe Chizek
Finance Director Tracy Pleckham Gregg Ingemunson, Attorney
Bart Olson Craig Coffey, Chally Farm
City Treasurer,Bill Powell Randy Scott,resident
Lynn Dubajic,YEDC Nancy Scott,resident
Sue Swithin, Superintendent of Recreation Phyllis Holtane, resident
Dan Kramer,Attorney Ron Holtane,resident
Michael Stargardt James Leed
Mr. Rafiei Stephanie Rafiei
Jim Olguin
The meeting was called to order at 7:00 pm by Mayor Art Prochaska.
Public Hearing—None.
Presentations:
1. PC 2005-53 Hudson Lakes—Concept Plan—This development is South of
Raintree, and to the West of Prestwick of Yorkville. To the south of the
development is farmland. It is 255 units on 141 acres which makes a density of 1.8
units per acre. There is an extension of Penman Road in the plans which would be
a major collector road with left and right turn lanes at 126. There may be a traffic
light at 126 and Penman road, but that will require a traffic study. The state will be
redesigning the intersection of 126 and 71 next year. A stoplight at 71 and 126
would help the congestion greatly. This has a shared school site with Raintree and
there is a potential of more land going to the school and park site from Hudson
lakes. There are 3 parks surrounding this subdivision. Right now there is .85 acres
dedicated to parks and the rest of the commitment would be in cash. The
Aldermen would like to see the stubbed road continued through for ease in busing.
There will be a per home fee for construction of roads in the surrounding area. It
would be nice to see a larger green area for the creek.
Page 2 of 5
2. ADM 2005-13 2004/2005 Audit—This is in a new format. It follows the new
governmental reporting requirements. John Weber and Tracy Pleckham explained
to the Aldermen and the Mayor various things within the Audit report. Capital
Assets had to be recorded and depreciated. Governmental Activities are things like
the General Fund and Special Revenue Funds. Business type activities are things
like the water and sewer activity. A management letter will be attached. A formal
procedure should be adopted to accept the manual journal entries and adjustments
to water billing. This will be in the same format next year. Any comments and
questions should be submitted by Monday at Noon. This will come back to COW
on December 20d`and then to City Council for acceptance on December 27`s.
Detail Board Report Bill list): -
This will move on to City Council for consideration.
Items Recommended by Committee for Consent Agenda:
1. PS 2005-01 Police Reports for September and October 2005—These will go on
to City Council on Consent Agenda.
Some items were moved ahead because of the various people who were in attendance.
Economic Development Committee:
7. PC 2005-33 Chally Farm—Annexation Agreement—This is proposed to be an
R2 annexation and zoning agreement with a PUD. More acreage was added to the
park. There will be a trail system. There will not be an infrastructure SSA, and
there will not be an active SSA for maintenance, there will be a backup SSA.
There will be a buffer with landscaping along the back. The lots were enlarged,
the detention was enlarged, and the connection into Pavillion Heights was
removed. The water problems Pavillion Heights has currently will be fixed due to
the detention. The preliminary plat has existing easements that were identified.
Randy Scott asked if there was going to be a berm along the rear of the
subdivision,would that create engineering issues. That is still to be determined.
Mr. Rafiei was concerned about the water runoff and the detention pond, also the
difference in the lot sizes. The developer has the right to ask for annexation into
Yorkville and go through due process. This would be an orderly development
within the city of Yorkville. This preliminary plat would go next to Plan
Commission. They meet the 2nd Wednesday of the month. The agenda is posted
48 hours in advance.
6. PC 2005-32 Yorkwood Estates(Anderson Farm)—Annexation Agreement—
This is proposed R2 zoning. A PUD was applied for in the annexation agreement.
These could be custom and semi custom lots. The property would have 47%open
space to preserve the trees. This has exceeded the annexation agreement
requirements.
Page 3 of 5
Public Safety Committee:
1. PS 2005-10 Parking Ordinance— Exhibit A,paragraph A, specific hardship was
removed. The words upon application were added to the last sentence. Item 3
under paragraph B should be re worded and have its own heading. An item 4
should be added to go with item 3 —the opted out block would be good for 2 years,
and then they must reapply. There would be no limit on reapplication. The city
would have to notify the block of the expiration. An easier solution would be to
have a petition to remove the exemption. Parking would be allowed on certain
holidays such as Memorial Day,Labor Day,Thanksgiving, and December 22nd
through January 2nd. The policy will be adjusted and will move on to City Council
for a vote.
Economic Development Committee:
3. PC 2005-49 Oak Grove Subdivision—1 %z mile Review—This is the final plat,
and it substantially conforms with the preliminary plat. It has 40%open space.
The average lot size is 33,000 square feet. It will have curb and gutters. The trail
systems connect with Tanglewood. This will move on to City Council.
9. EDC 2005-02 Draft Economic Incentives Policy to Attract
Commercial/Industrial Business—There was some discussion and explanation
about what this was and how it came about. This will move on to City Council on
Consent Agenda.
2. PC 2005-51 Van Riper Insurance Agency—Rezoning of 708-710 N. Bridge
Street—This will rezone R2 to B 1. There will be 11 parking spaces and
landscaping. There will be no parking in the common driveway. The agreement
includes keeping the appearance of the building the same. The present owner will
be grandfathered in and will be living in one side of the duplex for up to 1 year
while they are looking for a place to live. A draft will be sent to the next COW
and then it will move on to City Council.
1. EDC 2005-06 Fox Road Southwest Area Transportation Study—There will be
signalization at Greenbriar and Rt. 47. Greenbriar Road needs to be built before
the various subdivisions because Fox Road and Pavillion Road will not handle the
construction traffic. The sanitary, water, and roads could need to be front funded
by the developer. John Wyeth will talk to Joe Wywrot to determine the cost and
what exactly needs to be done up front. This will go on to City Council on
Consent Agenda.
Mayor:
1. Park Board Vacancy—There is a vacancy due to Richard Comett's resignation.
2. COW 2005-05 Fox River Ecosystem Partnership Membership Renewal—This
membership costs $100. This is approved.
Page 4 of 5
3. COW 2005-02 Draft Ordinance Amending City Code for City Administrator
Position—The term of the City Administrator should run with the Mayor's term.
Alderwoman suggested the Administrator should also provide the Aldermen and
the City Council information and advice on things dealing with discussions of the
whole so the Aldermen and City Council are better able to make decisions. Under
section D,the last sentence will be revised to read ... ordinance,job description, or
directed by.... The Council as a whole may give direction, but the Aldermen must
be able to request information or answers to issues before them. The paragraph
titled Alternate Language Re Communication With Employees needs to go in the
Governance Ordinance. This will come back to COW.
4. PB 2005-02 Request for Ideas Proposals—There were 50 or 60 local businesses
on a mailing list for ideas regarding ideas including parks and recreation issues, a
senior facility, a parks facility, a recreation facility, skate park equipment,
scoreboard issues, and the three submittals were for the Parks and Recreation
department. The recreation department has an exclusive contract for a concession
stand with Pepsi. In return they provide cash and/or scoreboards,water, pop, t-
shirts, and banners. Sue Swithin would like to enter into another contract for a
concession stand in Grande Reserve and get some scoreboards for Grande Reserve.
The University of St. Francis would like to provide services for surveys and focus
groups. The city would have to pay for their services. This proposal was similar
to what the city had NIU do.
Yorkville Land and Cattle with The Harbour Organization would like to build a
Sportsplex. It would be a private facility with private clubs. It is unclear what
they would propose to Yorkville for a facility use partnership.
This will go on the Park Board Agenda, and the Park Board will make a
recommendation on what a Partnership could be.
5. ADM 2005-21 Grande Reserve Central SSA 2004-104 Abatement Ordinance—
This just states that there will be no SSA Tax next year. This will move onto City
Council Consent Agenda.
6. ADM 2005-22 Grande Reserve Total SSA 2004-106 Abatement Ordinance—
This also says there will be no SSA Tax next year. This will move on to City
Council Consent Agenda.
7. YEDC Annual Membership Renewal—The annual membership fee is $45,000.
This will be on the bill list.
City Attorney:
1. PW 2005-38 Raintree Village—Temporary Route 126 Entrance—Routine
IDOT Highway Permit Application and Resolution—This will move on
Consent Agenda.
2. PW 2005-39 Amendment to Wilkinson Easement Agreement—This includes
the abandonment of the Bruell Street pump station on Gawne Lane. There will be
an additional 4 1/2 inch Blazing Autumn Maple tree planted at the city's expense not
to exceed a certain dollar amount. The storm files will be videotaped and any
crushed storm tiles will be replaced. Also the city will reimburse the Wilkinson's
$1,500 for additional attorney's fees. The city will keep an eye on the water runoff
going onto their driveway or over the curb for the next year and correct this if it is
a problems. This will move on to City Council on Consent Agenda with the tree
information included.
Page 5 of 5
3. PW 2005-05 Revised Autumn Creek Water main Easement—This will be
subject to an engineering review. This will move on Consent Agenda.
Economic Development Committee:
4. EDC 2005-04 Cornerstone Subdivision Name Change—This will move on
Consent Agenda.
5. PC 2005-37 Corneils Crossing—Annexation Agreement and Preliminary Plan
-This will move to COW in January.
8. EDC 2005-05 City Initiated Concept Plans—This will move to COW in January.
Park Board:
1. PB 2005-01 Congregational Church Shed Purchase—The shed will cost$600
and will remain on their property until such time it could be moved. This will
move on to City Council on Consent Agenda.
Public Works Committee:
No Report.
Administration Committee:
No Report
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 it's validity.
2. The purchase or lease of real property for the use of the public body,
including meetings held for the purpose of discussing whether a particular
parcel should be acquired.
Joe Besco moved to go into Executive Sessions for these reasons also including the
City Attorney, John Wyeth,the interim City Administrator John Crois,the Finance
Director, Tracy Pleckham, and the Deputy Clerk, Bart Olson. Paul James seconded
the motion. All were in favor.
Executive Session was begun at 10:57 pm and adjourned at 11:17 pm.
Additional Business
None.
The meeting was adjourned at 11:18 pm.
Minutes submitted by Laura Leppert.
Page 1 of 4 A
COMMITTEE OF THE WHOLE DRAFT
Tuesday,December 20,2005
7:00 PAE
City Conference Room
Present
Mayor Art Prochaska Lynn Dubajic,YEDC
Alderwoman Valerie Burd Bart Olson
Alderwoman Wanda Ohare Denise Kasper
Alderman Paul James Peter Raphael, William Blair
Alderman Dean Wolfer Sue Swithin, Superintendent of Recreation
Alderman Marty Munns Kathy Farren,Record
City Attorney John Wyeth Scott Termine, Crowe Chizek
City Administrator John Crois Janice VanRiper, Insurance Agent
City Treasurer Bill Powell Gregg Ingemunson,Attorney
Public Works Director Eric Dhuse Heather , Beacon
Larry , resident
The meeting was called to order at 7:00 pm by Mayor Art Prochaska.
Public Hearing
None.
Presentations:
None.
Detail Board Report Bill list):
This will move on to City Council for consideration.
Items Recommended by Committee for Consent Agenda:
None.
Mayor:
1. COW 2005-04 Formation of Senior Advisory Committee—This is a first draft
of the ordinance.. The Senior Advisory-Committee would not meet on a monthly
basis, but they would meet quarterly unless they had a special project that would
require meetings more often. It would consist of 7 residents of the City of
Yorkville. This will come back to the next COW on Jan 3d.
2. COW 2005-02 Draft Ordinance Amending City Code for City Administrator
Position—Under the general duties of the City Administrator the words: that may
at any time currently be before the city council were removed, affecting was left
alone, and the words: any and were removed, all aspects of the City was left alone
the word: organization was removed.
There were 5 thoughts in the same paragraph that should be bullet pointed. The
first bullet point would be:to advise and consult with city officers and officials.
The second bullet point would be: to the extent required by ordinance,with the
Mayor and City Council....
Page 2 of 4
The third bullet point would be: The City Administrator shall attend all regular
and special meetings of the City Council,...
The fourth bullet point would be: The City Administrator shall perform such other
duties.... ....the Mayor and City Council.
The last bullet point would be: The Mayor and City Council shall advise all
Officers,....
There was discussion that an outside firm could be used in conjunction with
Human Resource to hire all Department Heads.
The draft ordinance will come back to COW in January.
3. ADM 2005-23 City Administrator Draft Job Description—Under essential job
function, item#6: unless otherwise directed by the Mayor should be included in
the sentence. Item#10 should be corrected to say the Executive Director of the
Yorkville Economic Development Corporation. Item# 14 should say: Oversees all
work done by the Community Development Director.
Under Experience and Education#1,the words: or equivalent were deleted. #2 the
words: or Business Management were deleted. Also, at least 8 years experience is
necessary.
This will come back to COW in January.
4. ADM 2005-24 City Administrator Recruitment &Hiring Proposal—McGrath
Consulting came in the cheapest at$10,500. McGrath also placed the Community
Development Director. Mercer came in at$15,000. Parker came in at$14,500.
All of these proposals also have additional expenses that would have to be paid
(such as mileage). This will come back to COW in January. The Mayor would
like all the Aldermen to look at these proposals after the ordinance and job
description pass, and then make a recommendation.
5. PC 2005-51 Van Riper Insurance Agency—Rezoning of 708-710 N.Bridge
Street
a. Development Agreement—Article II where it says: shall be obtained was
changed to say: must be obtained. The City Attorney line was updated to reflect
John Wyeth as the City Attorney. A not to exceed height will be included in a
section about the sign. This will move on to City Council on December 27th.
6. Recommendation for Park Board—The Mayor recommended Gary Golinski to
fill the vacant seat on the Park Board. This will move on to City Council.
7. Alternate Representative for Prairie Parkway Corridor Planning Group—
IDOT has formed a group and would like an Elected Official from Yorkville to sit
on this Committee as an Alternate Representative. There are some Task Forces
being formed that are looking at Transportation,the Environment, and Land Use.
The Community Development Director is going to be asked to be part of the Land
Use Task Force. If anyone is interested in being an Alternate,they should see the
Mayor.
8. Due to the Christmas Holidays, City Council Packets will be distributed on
Thursday,December 22.
Economic Development Committee:
No Report.
Page 3 of 4
Park Board:
1. PB 2005-03 Receptionist/General Secretary—Revised Job Description—This
person would be a General Receptionist doing mostly Registration entry. On the
Revised Job Description it lists this position for the Recreation Department. There
was some question about whether there was 1 Parks and Recreation Department, or
2 separate Departments. This will be clarified. This will move on to City Council
on December 27b.
Administration Committee:
6. ADM 2005-19 Bristol Bay I SSA 2005-109 Proposing Ordinance—This is just
a proposing Ordinance. There was a question about what the City gets out of
allowing this SSA. This will be discussed at the Public Hearing. There will be a
list finalized that will say what the SSA money can be spent on. The Public
Hearing date is set for January 24`x. This will move on to City Council on Consent
Agenda.
7. ADM 2005-20 Autumn Creek SSA 2005-108 Proposing Ordinance—This will
move on Consent Agenda.
8. ADM 2005-13 2004/2005 Audit—There was an addition of a Management
Discussion and Analysis section. There were some changes in moving debt around
on page 18. The Final Review must be done before Tuesday. This will move on to
City Council on Tuesday for a vote.
Public Works Committee:
1. PW 2005-23 Updated Capital Improvement Program—This is the 6 year
Capital Improvement Plan. It does not require a vote. It is a working document
that comes to COW, but not to City Council.
2. PW 2005-28 Private Improvements in City Right-of-Way—Joe Wywrot and
John Wyeth will write a policy and bring it back to Public Works January 9b, and
it will come back to COW on January I r.
3. PW 2005-29 Water Department Report for September 2005—This will move
on to City Council on Consent Agenda.
4. PW 2005-30 Fountain Village—Earthwork Letter of Credit Expiration—This
will move on Consent Agenda.
5. PW 2005-31 State Street Water main—Change Order#1—This is a $0
Change Order with a time extension. This will move on Consent Agenda.
6. PW 2005-32 Route 47 Water main—Change Order#1—This is the final
balancing Change Order with a$356.42 increase. This will move on Consent
Agenda.
7. PW 2005-33 Game Farm Road/Somonauk Street—Additional Phase 1
Engineering Agreement&MFT Appropriation Resolution—This will move on
Consent Agenda.
8. PW 2005-35 Public Works Space Needs—City Vehicles—The people that will
take these trucks home live within a certain distance from the city and will only be
driving them home and back. This is a temporary solution. This will move on to
City Council for a vote.
9. PW 2005-36 Route 47 Improvements—This will come back to COW in January.
Page 4 of 4
10. PW 2005-37 Bruell Street Force main& Sanitary Sewer—Change Order
#3—This will move on to City Council on Consent Agenda.
11. PW 2005-40 Countryside Interceptor—Change Order#1—The City will
use the same contractor they used from the work on the North side of town for
work on the South side of town. This is not a Change Order. This will come back
in January.
Administration Committee:
1. ADM 2005-14 Salary Survey: Mayor,Aldermen,Clerk& Treasurer—This
was hard to compare. The City could keep the base pay the same as it is, and add a
$50 stipend for coming to meeting. Would City Council meetings and COW be
worth more than the Committee meetings? The Aldermen would only get the
stipend for the meetings they were assigned to. This will come back to COW in
January with specific recommendations from each Alderman and the Mayor.
2. ADM 2005-12 Tuition Policy—The 64 credit hours are equivalent to an
Associates Degree. A comment was made that the way this is written, it is not
encouraging promoting within the City. There was a comment that Certifications
do not give any Credit Hours. There could be another Table for Certifications.
The eligible degrees or certificates would have to be related to the person's current
position. This will go back to Administration.
3. ADM 2005-09 Draft Resolution Approving the Revised Job Description for
the Position of Engineering Administrative Assistant(Ulda Engineering
Assistant)—This will move on to City Council on Consent Agenda.
4. ADM 2005-17 Monthly Treasurer's Report for October 2005—The City
currently has a Fund Balance of 31%. This will move on Consent Agenda.
5. ADM 2005-18 Revised Purchase Order Policy—This will move on Consent
Agenda.
Additional Business
Alderwoman Burd is requesting an Executive Session on Tuesday to discuss the
purchase of Real Estate.
Alderman Munns commented that the communication from the City has gotten better
with the same format. He wants to be sure everyone is using the same template.
Mayor Prochaska announced that Alderwoman Ohare would be ending her tenure.
Her last meeting will be January 20. She will need a replacement because her term
is not up until 2007. She is in Ward 3. The Mayor may appoint someone for the
position for no more than 2 years, and there must be at least 24 months left in the term
to be able to hold a special election.
The meeting was adjourned at 9:38 pm.
Minutes submitted by Laura Leppert.
Page 1 of 3
COMMITTEE OF THE WHOLE DRAFT
Tuesday,January 3,2006
7:00 P.M
City Conference Room
Present
Mayor Art Prochaska Finance Director Tracy Pleckham
Alderman Dean Wolfer Bart Olson
Alderman Paul James Travis Miller
Alderman Joe Besco Dallas Ingemunson
Alderwoman Rose Spears Kathy Farren,Record
Alderwoman Wanda Ohare Jim Bevey
City Administrator John Crois Bill Garrett, resident
City Attorney John Wyeth
The meeting was called to order at 7:00 pm by Mayor Art Prochaska.
Public Hearing
None.
Presentations:
None.
Detail Board Report Bill list):
There was a question on page 11 about the amount the City is getting billed for the 5
gallon jugs of water. This city maybe paying too much for their water. There was a
question about the different costs of the phones that were purchased on page 18. The
difference in price is because they are different kinds of phones. There was a question
on page 23 about publishing costs for Naperville/Oswego and Basketball Advertising.
This is for a Community Development Ad in a Brochure they were passing out. The
overtime pay is for the snow plowing. This will move on to City Council for
consideration.
Items Recommended by Committee for Consent Agenda:
1. EDC 2005-08 Building Permit Report for October 2005—This will move on to
City Council on Consent Agenda.
Mayor:
1. COW 2005-04 Formation of Senior Advisory Committee—This committee
would meet quarterly. Forming this committee would make senior citizens able to
make recommendations to the City Council. There was some debate about this
being a sub-committee of the Human Resource Commission. Alderman Wolfer,
Alderman Besco, and Alderwoman Ohare would like to see this go under Human
Resource Commission. Mayor Prochaska and Alderwoman Spears would like to
see it as a separate committee. The need for this committee would be reviewed
annually,and a vote would be taken to abolish the committee if the Council so
desired. This will move on to City Council.
Page 2 of 3
2. COW 2005-02 Draft Ordinance Amending City Code for City Administrator
Position—Paragraph D. General Duties it says Community Relations Director,but
it should say Community Relations Manager. There was some discussion about
the grammatical correctness of using the pronoun he. This will move on to City
Council,with the correction, for discussion.
3. ADM 2005-23 City Administrator Draft Job Description—Under Essential Job
_ Functions, #9 Community Relations Manager needs to be added. #14 will be
deleted. This will move on to City Council for consideration.
4. YSA Facility Master Plan &Downtown Vision Plan—Acceptance of Final
Report—This is a vision plan of a consultant to be used as a guide. The TIF
Consultant will be contacted to help write a disclosure statement to be added to the
beginning of the document. This will move on to City Council.
5. PW 2006-01 Rob Roy Creek Interceptor(East Branch Contract Nos. 1 &2)—
Inspection—This will go on to City Council on Consent Agenda.
6. PW 2006-02 Rob Roy Creek Interceptor(East Branch Contract Nos. 1 &2)—
Construction—This will be paid by the developer, but is subject to review by the
city. Deuchler will be the facilitator to follow the contract and make sure the work
is done correctly. The contract is with the developer,not the city. The proposal
needs an approval of a resolution from the City. This will go on to City Council on
Consent Agenda.
7. PW 2006—03 Rob Roy Creek Interceptor(Contract No 6)—Routine IDOT
Highway Permit—This will go on to City Council on Consent Agenda.
8. Coffee with the Mayor: January 7u'at Fins and Feathers, 1423 Cannonball
Trail from 10:00 a.m. until Noon.
Economic Development Committee:
1. PC 2005-43 Laniosz Property 10701 Route 71—Annexation Agreement—A
footprint plan will be attached. The length of this Annexation Agreement will be
20 years. This will go on to City Council for consideration.
2. EDC 2005-05 City Initiated Concept Plans—Collector Roads and connections
would be part of this plan along with water and sewer runs. An example of this
would be the planning of the Greenbriar Road extension because there is to be no
construction traffic on Fox Road. The money spent on this could be recaptured
from development. There is no action to be taken at this time.
Park Board:
No Report
Public Works Committee:
No Report.
Public Safety Committee:
No Report.
Administration Committee:
No Report.
Page 3 of 3
Additional Business
John Wyeth said that Ron Robinson found a virus that Microsoft Outlook allows to
come through graphics. Ron advised that until the patch come through from
Microsoft, everyone be careful where they go on the internet.
Travis Miller is in town and would like to meet with anyone this week while he is
here before his start date on January 17th.
The meeting was adjourned at 8:11 pm.
Minutes submitted by Laura Lepperk
Page 1 of 7
UNITED CITY OF YORKVILLE
COMrvHTTEE OF THE WHOLE
Conference Room
Tuesday,January 17,2006—7:00 pm
In Attendance:
Citv
Art Prochaska-Mayor John Wyeth—City Attorney
Paul James—Alderman Traci Pleckham—Finance Director
Valerie Burd-Alderwoman Eric Dhuse—Public Works Director
Jason Leslie—Alderman Bill Powell—City Treasurer (arr. 7:47pm)
Rose Spears-Alderwoman Bart Olson—Deputy Clerk
Wanda Ohare—Alderwoman John Crois—Interim City Administrator
Dean Wolfer—Alderman Travis Miller—Community Development Director
Joe Besco—Alderman Ron Robinson—IT Coordinator
Marty Munns -Alderman
Guests
Kathy Farren—Kendall County Heather Gillers—Beacon News
Record
Lynn Dubajic—
Economic Development Director
Mayor Art Prochaska called the meeting to order at 7:00pm.
PUBLIC HEARING:
None
PRESENTATIONS:
1. PW 2006-04 SCADA System—Contractor Qualification Process by EEI
Mayor Prochaska noted that Jeff Freeman of EEI was not present to answer questions regarding
SCADA. Alderman Besco then summarized this system and said that EEI had done a study of the
water connection fees and recommended that the fees be increased to $3700 for a single family
home. The Public Works Committee recommended the approval of this increase. Alderwoman
Spears asked Mr. Wyeth if the closed bidding process was legal. He will ascertain the legality.
This agenda item will be brought back to the next C.O.W. so that Mr. Freeman can answer other
questions.
2. PW 2006-18 Water Connection Fee—Proposed Revision by EEI
The committee discussed a chart compiled by EEI that compared the connection fees of
surrounding communities. It was noted that these costs only cover supply, storage and treatment,
not distribution. The last increase was for Grande Reserve. Variables regarding the fees were
also discussed. The fees are only assessed to new development and are determined at the time
Page 2 of 7
of the annexation agreement. Attorney Wyeth noted that the chart could be attached to any future
annexation agreements with the expectation that it will be approved. City staff will be asked to
research the previous rate increase.
Ms. Burd asked how the increase would affect the downtown development. Those developers
would pay the new fees or front-fund the upgrades. Attorney Wyeth will research this.
This item will move forward to the January 24t" City Council meeting and Jeff Freeman will be
asked to be present for further explanation of the proposed fee revision. An effective date for this
revision could be added at this meeting.
BILL LIST:
The following bills were discussed:
1. Page 1-Attorney for Schramm properties: the final agreement will determine if this item is an
accounts payable item
2. Page 22-Print Perfect: Ms. Spears questioned the amount for the Public Works newsletter.
According to Ms. Pleckham,this newsletter was published regarding the radium compliance
after the first treatment was done. When the compliance is complete,these costs will cease.
3. Page 36-item#2: Travel Demand Forecast was a transportation study completed by Smith
Engineering approved by the Council and paid for from contingency money.
4. Page 29-T-1 line: this is for service on the main telephone line.
This bill list will move to the Council agenda.
MMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
There were 15 items recommended for approval. Only the following two items were briefly
discussed.
2. ADM 2006-06 Fox Industrial Park Abatement Ordinance
Alderman Leslie stated he owned property in this industrial park and wondered if he should abstain
from voting on any related issues since a TIF had been passed. This item was then removed from
the consent agenda and placed under Administration so that he could vote on the remaining items.
15. PW 2006-15 F.E. Wheaton Expansion—Final Acceptance and Letter of Credit Reduction
#3
It was asked if the sale of F.E. Wheaton would affect this letter and the Mayor said it will not.
The agenda items, except item#2,will move forward to the consent agenda for City Council.
Page 3 of 7
MAYOR:
1. ADM 2005-24 City Administrator Recruitment and Hiring Proposal
Now that the City Administrator ordinance and job description are in place,Mayor Prochaska said
the recruitment issue needs to be addressed. Proposals for recruitment from three different groups
have been received. He then opened the floor for discussion.
Alderman Mums asked if Denise Kasper had any comments regarding the groups. She has only
had experience with McGrath and her experience was good. It was noted that the Par Group and
Mercer both have experience in hiring City Administrators/Managers and are well-versed.
The cost for the Mercer Group is $15,000 plus $7,500 out of pocket according to Ms. Spears.
Previously,they had several clients, but in 2004-05 they only had 39 clients, only one of which was
in Illinois. She asked if phone interviews would be conducted since they are out of state. She said
she was not in favor of using the Mercer Group. She added that the Par Group was very expensive.
She favored using McGrath.
Mayor Prochaska noted that the Par Group has a large"bank" of applicants, however,he wondered
if Par would direct interviews to current members of the pool of applicants rather than starting from
scratch. He felt McGrath would provide a fresh group of applicants. It was noted by Ms.
Pleckham that the Par Group conducts interviews with the staff and elected officials.
Alderwoman Burd said she had worked with McGrath and the process was well-handled. Mr.
Munns said that two of the McGrath reports he viewed seemed too elementary,though the
information was good. Mayor Prochaska added that McGrath would advertise in several sources
and that their communication and follow-up was very effective. The committee also liked the
"guarantee"that McGrath offers that states the City does not have to pay if the candidate does not
work out.
The committee members further considered the various attributes and costs of each of the groups.
After discussion, the members agreed to use the McGrath Group.
Mayor Prochaska said the process could begin at this time or wait until this time next year,when a
new Council is seated. Any agreement made now for a City Administrator would end April 30,
2007 and the position would be up for re-appointment. If a decision were made after a new
Council is elected,the person would be guaranteed at least 2 years in the position.
Alderwoman Spears asked how long Mr. Crois could remain with the City. He replied that his
original agreement was for three months,however,he could stay as long as the City needs him.
Alderwoman Burd wondered who would want to leave a good job or uproot their family to come to
Yorkville knowing their tenure here could be very short. She said she felt the committee should
wait so that a newly elected Mayor could choose his own City Administrator since they are closely
aligned. Alderwoman Ohare asked if everyone should be transitioned at the same time.
After a lengthy discussion,the Mayor took an informal poll of the Council members with the
majority feeling the search should wait. Alderman Burd suggested that there should be some
Page 4 of 7
information available at the convention in September,to advise interested parties that the search
process would begin soon after that.
The Mayor asked Attorney Wyeth, Bart Olson and John Crois to work together on an amendment
to Mr. Crois' contract to allow him to stay longer. The search group discussion will be tabled until
the first C.O.W. in September and city staff will advise the three search groups involved that the
matter is being tabled at this time.
2. Goal Setting Session
Saturday, February 11th,was the tentative date chosen for this session. Committee members are to
contact Annette Williams and advise her of their availability.
3. Coffee with the Mayor. January 21"at Castle Bank, 109 W. Veterans Parkway 9-11am
Mayor Prochaska made note of this upcoming coffee.
AD HOC TECHNOLOGY COMMITTEE:
L RFPfor Tower Rental and Wireless Internet Service
Ron Robinson said that many residents have contacted the City regarding high-speed internet
service and wireless providers also have contacted the City regarding tower rental. As a result,he
drafted an RFP to internet providers regarding possible rentals. He said that the rental money
would belong entirely to the City.
The committee discussed a possible discount for City residents as well as free service for the City
offices and wireless service for the parks. The Mayor added that the providers might even offer
some of these services. Alderwoman Burd asked if the City regulated tower/smokestack usage and
it does not. Mr.Robinson added that the owner of the smokestack on Hydraulic has offered the use
of his stacks at no cost to the City. Any commitment would be a one-year obligation. Alderman
Wolfer suggested that this type of usage should perhaps be addressed with an ordinance.
A legal review of the RFP was done by Attorney Wyeth and he added that the City could reject any
proposals. The RFP information will be added to the City website.
Alderman Wolfer questioned if there would be any legal issues with Comcast or other cable
companies. There would be none according to the City Attorney.
Mayor Prochaska took an informal poll for approval to move forward with this RFP with all
approving.
ECONOMIC DEVELOPMENT COMMITTEE:
No report.
Page 5 of 7
PARK BOARD:
No report.
PUBLIC WORKS COMMITTEE:
1. PW 2005-36 Route 471mprovemems
Alderman Besco reported that 1I30T wants the City to commit to $1.7 million for Rt. 47
improvement and is looking for an agreement. Ms. Pleckham noted that most developers are
currently dedicating money to perimeter roads and as a result,the City needs to look at other
available funds or the creation of funds. The State is moving forward with their design so the City
cannot wait too long for this commitment. A time frame will need to be established.
It was suggested that money could be saved on this project by eliminating decorative lighting,
sidewalks, etc. However,the Public Works Director noted that the cost of lighting increases
exponentially if not done at the same time. Water and sewer pipes will definitely need to be
relocated during the reconstruction. The Mayor asked for similar input, as well as help in finding
revenue streams. The funds may need to be added into the budget process. A proposal for revenue
streams will be drafted by staff and then brought back to C.O.W.
2. PW 2005-40 Countryside Interceptor—Change Order V
This item was not discussed.
3. PW2006-19 Southwest Interceptor—HydraulicAvenueConstructionContract
Alderman Besco said this item would allow Glenbrook Excavating to construct part of the
southwest interceptor under Hydraulic Avenue and to have it coincide with the in-town street
program. The amount is $218,880. It was noted that this contractor already has their equipment
here. This will move on to City Council for a vote.
4. PW 200-609 In-Town Road Program Phase 2
This item will add Mill Street to the repair schedule from Fox to Washington to correct a drainage
problem in that area. The cost of adding this will be $14,280. This moves to City Council on the
consent agenda.
5. PW 2005-28 Private Improvements in City Right-of-Way, Tree Removal Policy
Alderman Besco said that some citizens wished to make improvements in the right-of-way and
some already have done so. As a result, a policy was needed to regulate these improvements. Tree
removal from the parkway was also discussed and it was decided that this would not be allowed
unless the tree was dead, with the City doing the removal.
This policy also addresses homeowner curbing issues and bricked-in mailboxes. Alderman Ohare
voiced her approval of this policy by saying that it provided a written policy for Eric Dhuse when
situations arise. It was noted that many residents had bricked in their mailboxes and that can create
a problem during snowplowing. Any request for putting in curbs requires a permit and must meet
City standards. The Mayor noted that if any citizen disagrees with a decision made by City staff
regarding improvements,the citizen must have the right to appeal it to the City Council. This will
be added to the policy.
Page 6 of 7
Revisions will be made to the policy and it will move forward to the consent agenda.
6. FW 2006-20 Southwest Interceptor—Contract I Construction Engineering Services
This item is for a $131,500 engineering contract with Walter Deuchler. Alderman Munns
questioned the additional 8% for sublet services. It was thought that this fee did not apply to this
project. This will move to the consent agenda with that clause of the agreement crossed out.
ADMINISTRATION COMMITTEE:
1. ADM 2005-14 Salary Survey: Mayor,Aldermen, Clerk& Treasurer
Alderman James explained that this discussion has been to various committees and no conclusion
has yet been reached. Alderman Munns suggested a yearly $3600 stipend plus $50 for C.O.W. and
Council meetings, which would total approximately$6,000 per year for Aldermen, Clerk and
Treasurer. It was also suggested to pay$50 for other committee meetings. This is similar to Plano,
Batavia and Montgomery.
Mayor Prochaska said that years ago,pay was based on City Council meetings paying about$2100
per year. This was later changed to a flat fee and a per-meeting stipend. It was again noted that
any changes made now would not benefit the current Council.
Alderwoman Ohare thought perhaps a decision should be delayed since the committee structure is
currently under review. She stated further that selective attendance at meetings hurts the
committee structure. This opinion was shared by Alderman Wolfer.
Mayor Prochaska noted that the committee members should keep in mind that they are responsible
for the decisions of the City and the pay compensates them for costs involved such as vacation
days from work and to help offset personal costs.
Many other suggestions were made for determining possible compensation packages. Another
suggestion was $35 for 6 meetings a month. An increase to $9,900 was suggested for the Mayor.
After further discussion,.Mayor Prochaska said the pay structure needs to be kept simplified and if
Aldermen feel they need to get paid for each meeting,they should consider not being a part of the
Council. Alderman James said that a complicated compensation structure would be difficult to
track for Payroll.
An informal poll was then taken for the two options being discussed: 1) A flat amount plus $50
per C.O.W. &City Council meetings and 2) a flat amount of$6,000. Ms. Pleckham said an
additional$26,400 more could be paid under the I"proposal. The committee members were split
50-50 on each proposal.
It was noted by Ms. Burd that the legislative task force meets next week and the committee
structure will be discussed further. It was suggested by Alderman Wolfer that this matter be tabled
until that committee meets. After a lengthy discussion, it was decided to bring this matter back to
the February 21st C.O.W.
Page 7 of 7
2. ADM 2005-12 Tuition Reimbursement Policy
Some revisions were made to the existing tuition reimbursement policy. The 2% stipend for each
degree was removed. Alderman James said that those already receiving this would be
grandfathered. "Certificates"were addressed in paragraph 8.6b.
Alderman Besco asked what the City's yearly cost is for tuition reimbursement. Ms. Pleckham
said last year's cost was minimal. She further stated that there is no restriction on the amount,but
it is limited by the budget process.
The changes made to the minimum education on the"Eligible Degree" list were questioned by
Alderwoman Spears. It was noted that Job Descriptions were reviewed in comparison to the chart.
It was finally stated by the Mayor that the chart should be viewed as a"tool". When the final vote
is taken on the reimbursement policy, current job descriptions will be considered rather than the
chart.
This matter will move to City Council for discussion.
EXECUTIVE SESSION:
Mayor Prochaska said this session would not be held.
ADDITIONAL BUSINESS:
Alderman Munns said that all City department heads should be hired in the same manner.
Specifically,he said the hiring process for the Parks and Recreation Executive Director is being
handled differently with little input being requested from the H.R. Specialist. However, Mayor
Prochaska said that the H.R. employee was included in part of the process. No outside search
firm was used,however,the rest of the procedure was in line with other City hirings. There is no
policy or ordinance in place relating to hiring procedures. It was suggested that a policy be
drafted.
Ms. Pleckham said she had a team for"Bowl for Kids' Sakes"challenge on February 25th. This
benefits Big Brothers/Big Sisters.
As there was no further business,the meeting was adjourned at 9:55pm.
Submitted by Marlys Young,
Minute Taker
GILL (_I.Si �rVIS1vNS
CIr, United City of Yorkville
J� a County Seat of Kendall County
800 Game Farm Road
ESL , 1836 Yorkville, Illinois, 60560
,h w Telephone: 630-553-4350
[In Fax: 630-553-7575
Website: www.yorkville.il.us
<LE t�?'
TO: City Council
FROM: Julie Ciesla—Senior Accounting Clerk
DATE: 02/09/06
RE: 2/14/06 Bill List
Please be advised that the following changes, additions, and deletions have been reflected on the
2/14/06 Bill List.
• Page 20, Laura Leppert's invoice #53 for $57.00 has been deleted. This invoice was
mistakenly placed on the bill list however; it is to be paid by Library Board.
• Page 21, L.I.F.E. Training programs, Inc.'s invoice#06-004 for$160.00 coding has
changed from 01-210-64-00-5607 (Police Commission)to 01-210-64-00-5606
(Community Relations).
• The Payroll Summary pay period ending 1/21/06, the total disbursements have changed to
reflect the deleted invoice and to account for the Census Payrolls.
Please see the attached revised payroll summary. Should you have any questions,please contact
me at City Hall.
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DANIEL J.KRAMER YORKVILLE,ILLINOIS 60560
(530)553A500
FAX:(630)553.5764
February 9, 2006
City Attorney John Wyeth
Liz D'Anna
United City of Yorkville
800 Came Farm Rd.
Yorkville,IL 60560
RE: Onishi
Dcar John &Liz:
Please be advised that we have received the Staff Comments from Joe Wywrot
concerning the Onishi Site Development Plan, and the overall City Comments from the
Committee of the Whole regarding changes to the Annexation Agreement.
In view of the modifications that would have to be done on the Site Plan Drawing and
incorporating changes to the Annexation Agreement,we feel some time is going to be
necessary to accomplish both and have both our planting team and the City Staff have
adequate time to review.
Therefore we would request that the matter be taken off the agenda for the Febru ary 14
2006 City Council Meeting and re-scheduled to either February 28, 2006 M 14,_
2006,whichever is more convenient for you. Please provide us with which
arch 0 lu
be most available and practical for the City.
Very yours,
Daniel J.Kramer,
Attorney at Law
DJK/cth
cc.Karen Onishi
PC-
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO.2006-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Corneils Crossing)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit"A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS,the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 11-15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
Page 1 of 3
WHEREAS,the property is presently contiguous to the City;
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JOSEPH BESCO MARTY MUNNS
VALERIE BURD PAUL JAMES
DEAN WOLFER JASON LESLIE
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this Day of A.D. 2006.
MAYOR
Page 2 of 3
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
Page 3 of 3
STATE OF ILLINOIS ) + L ��
) ss
COUNTY OF KENDALL )
ORDINANCE NO.2006-
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE
UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
(Corneils Crossing)
WHEREAS, a written petition, signed by the legal owner of record of all land within
the territory hereinafter described,has been filed with the City Clerk of the United City of
Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the
United City of Yorkville; and,
WHEREAS,there are no electors residing within the said territory or more than 51%
of the electors residing within the territory have joined in the petition;and,
WHEREAS,the said territory is not within the corporate limits of any municipality
but is contiguous to the United City of Yorkville; and,
WHEREAS, legal notices regarding the intention of the United City of Yorkville to
annex said territory have been sent to all public bodies required to receive such notices by
state statute; and,
WHEREAS, copies of such notices required to be recorded, if any,have been
recorded in the Office of the Recorder Kendall County, Illinois; and,
Page 1 of 3
WHEREAS,the legal owner of record of said territory and the United City of
Yorkville have entered into a valid and binding annexation agreement relating to such
territory; and,
WHEREAS, all petitions, documents, and other necessary legal requirements are in
full compliance with the terms of the annexation agreement and with the statutes of the
State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and,
WHEREAS,it is in the best interests of the United City of Yorkville that the territory
be annexed thereto,
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
SECTION 1: The following described territory,being that territory described in the
Legal Description which is attached hereto and made a part of this Ordinance and that
territory also being indicated on an accurate map of the annexed territory (which is
attached hereto and made a part of this Ordinance), is hereby annexed to the United City
of Yorkville,Kendall County, Illinois.
SECTION 2: The City Clerk is hereby directed to record with the Kendall County
Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance,
together with an accurate map of the territory annexed attached to this Ordinance.
SECTION 3: This Ordinance shall be in full force and effect from and after its
passage and approval as provided by law.
JOSEPH BESCO JASON LESLIE
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
Page 2 of 3
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
Page 3 of 3
ESC #
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO.2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Corneils Crossing)
WHEREAS, Comeils Crossing, LLC is the legal owner of record of property
described on Exhibit"A" attached hereto and incorporated herein(the Property), and
WHEREAS Comeils Crossing, LLC, developer of the Property has made application
by petition for the rezoning of the Property pursuant to an Annexation of the Property,
and
WHEREAS, owners and developers have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the
property as R-2 One Family Residence District.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
1. The City Council approves the recommendation of the Plan Commission and hereby
rezones the property as R-2 One-Family Residence District as described in attached
Exhibit"B" (Legal Description of the Property).
Page 1 of 2
2. The Property shall be developed according to the terms of an Annexation Agreement
previously adopted.
3: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JOSEPH BESCO ROSESPEARS
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
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
Page 2 of 2
C,
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELIMINARY PLAN
OF SUBDIVISION FOR
Kendallwood Estates
WHEREAS, the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary Plan of Subdivision for the Kendallwood Estates
Subdivision, and
WHEREAS,the City Council of the United City of Yorkville has received a positive
recommendation from the Plan Commission of the United City of Yorkville
recommending approval of said Preliminary Plan of Subdivision;and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting,the following action is hereby
taken by the City Council of the United City of Yorkville:
1. The Preliminary Plan of Subdivision for the Kendallwood Estates Subdivision,
is approved and all appropriate City officials are hereby authorized to execute
same.
JASON LESLIE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
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
Ebc f
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELIMINARY/FINAL PLAT
OF SUBDIVISION FOR
Grande Reserve,Unit 12
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary/Final Plat of Subdivision for the Grande Reserve
Subdivision, Unit 12;and
WHEREAS,the City Council of the United City of Yorkville has received a positive
recommendation from the Plan Commission of the United City of Yorkville
recommending approval of said Preliminary/Final Plat of Subdivision; and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting,the following action is hereby
taken by the City Council of the United City of Yorkville:
1. The Preliminary/Final Plat of Subdivision for the Grande Reserve Subdivision,
Unit 12 is approved and all appropriate City officials are hereby authorized to
execute same.
JASON LESLIE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSESPEARS
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:
Jobn Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
r ` J
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELINUNARY/FINAL PLAT
OF SUBDIVISION FOR
Grande Reserve, Unit 13
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary/Final Plat of Subdivision for the Grande Reserve
Subdivision,Unit 13; and
WHEREAS, the City Council of the United City of Yorkville has received a positive
recommendation from the Plan Commission of the United City of Yorkville
recommending approval of said Preliminary/Final Plat of Subdivision; and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the following action is hereby
taken by the City Council of the United City of Yorkville:
1. The Preliminary/Final Plat of Subdivision for the Grande Reserve Subdivision,
Unit 13 is approved and all appropriate City officials are hereby authorized to
execute same.
JASON LESLIE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
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
EW-
THE UNITED CITY OF YORKVILLE
RESOLUTION NO. :
A RESOLUTION AMENDING RESOLUTION 99-25, THE PILOT FAQADE
IMPROVEMENTS AND HISTORIC PRESERVATION AGREEMENTS BETWEEN
THE UNITED CITY OF YORKVILLE AND CERTAIN MERCHANTS/BUILDING
OWNERS AND RESIDENTS OF SAID CITY
WHEREAS, the City Council has duly considered the recommendations amending the
Pilot Fnade Program instituted by the United City of Yorkville known as Resolution 99-
25,which was amended by Resolution 2004-15; and
WHEREAS, the City Council and Mayor have determined that the changes contained in
this amended Resolution benefit the Citizens of the United City of Yorkville:
NOW THEREFORE UPON MOTION DULY MADE, SECONDED, AND
APPROVED BY A MAJORITY OF THOSE CITY COUNCIL MEMBERS VOTING,
THE FACADE PROGRAM OF THE UNITED CITY OF YORKVILLE IS AMENDED
AS FOLLOWS:
Exhibit "A" to Resolution 99-25 Titled "Fagade Improvement Agreement" shall
be deleted in its entirety, and in its place shall be substituted the attached Exhibit "A"
which shall now serve as the new "Facade Improvement Agreement" said new
Agreement deletes the term "Pilot" in reference to the Facade Program rendering the title
of the program as the United City of Yorkville's Fagade Program.
Furthermore, the new Agreement deletes the concept of a"District'' and makes all
areas within the boundaries of the City eligible for application to the Fagade Program.
Furthermore the provisions of Resolution 99-25, and those of Resolution 2004-15
are hereby ratified to the extent that they are not amended by this Resolution.
JASON LESLIE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
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
EXHIBIT "A"
United City of Yorkville
Fagade Improvement Agreement
THIS AGREEMENT, entered into this day of , 20
between the United City of Yorkville, Illinois (hereinafter referred to as "City") and the
following designated OWNER/LESSEE,to wit:
Owner/lessee's name:
Name of business:
Tax ID#/ Social security#:
Address of property to be improved:
PIN Number:
WITNESSETH:
WHEREAS, the City has established a Fagade Improvement Program for
application within the United City of Yorkville("City"); and
WHEREAS, said Fagade Improvement Program is administered by the City with
the advice of the Review Committee and is funded from the general fund for the purposes
of controlling and preventing blight and deterioration within the City; and
WHEREAS,pursuant to the Facade Improvement Program the City has agreed to
participate, subject to its sole discretion, in reimbursing Owners/Lessees for the cost of
eligible exterior improvements to commercial establishments within the City up to a
maximum of 50% of the approved contract cost of such improvements; and
WHEREAS, the Owner/Lessee's property is located within the City and the
Owner/Lessee desires to participate in the Fagade Improvement Program pursuant to the
terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
obtained herein,the City and the Owner/Lessee do hereby agree as follows:
SECTION 1:
With respect to fagade improvements to the front and side of a building and
related eligible improvements, the City shall reimburse Owner/Lessee for the cost of
improvements to the Owner/Lessee's property at the rate of up to fifty per cent (50%) of
such cost, providing that the Owner/Lessee has spent at least $1,000 on the improvement
project.
With respect to improvements to rear entrance(s) of a building and related eligible
improvements, the City shall reimburse Owner/Lessee for the cost of improvements to
the Owner/Lessee's property at the rate of up to 50% of such cost, providing that the
Owner/Lessee has spent at least$1,000 on the improvement project.
The actual total reimbursement amounts per this Agreement shall not exceed
$_(insert the agreed upon amount) for fagade improvements to the
front and side of a building and related eligible improvements and $_(insert the agreed
upon amount) for improvements to rear entrance(s) of a building and
related eligible improvements. The improvement costs which are eligible for City
reimbursement include all labor, materials, equipment and other contract items necessary
for the proper execution and completion of the work as shown on project plans, design
drawings, specifications and estimates approved by the City. Such plans, design
drawings, specifications and estimates are attached hereto as Exhibit I.
SECTION 2: No improvement work shall be undertaken until its design has been
submitted to and approved by the Review Committee. Following approval, the
Owner/Lessee shall contract for the work and shall commence and complete all such
work within six months from the date of such approval.
SECTION 3: The City Building and Zoning inspector shall periodically review
the progress of the contractor's work on the fagade improvement pursuant to this
Agreement. Such inspections shall not replace any required permit inspection by the
Building and Zoning officer. All work which is not in conformance with the approved
plans, design drawings and specifications shall be immediately remedied by the
Owner/Lessee and deficient or improper work shall be replaced and made to comply with
the approved plans, design drawings and specifications and the terms of this Agreement.
SECTION 4: Upon completion of the improvements and upon their final
inspection and approval by the City Building and Zoning Inspector, the Owner/Lessee
shall submit to the Review Committee a properly executed and notarized contractor
statement showing the full cost of the work as well as each separate component amount
due to the contractor and each and every subcontractor involved in furnishing labor,
materials or equipment in the work. In addition, the Owner/Lessee shall submit to the
Review Committee proof of payment of the contract cost pursuant to the contractor's
statement and final lien waivers from all contractors and subcontractors. The
Owner/Lessee shall also submit to the Review Committee a copy of the architect's
statement of fees for professional services for preparation of plans and specifications.
The Review Committee shall, within fifteen days (15) of receipt of the contractor's
statement, proof of payment and lien waivers, and the architect's statement, issue a check
to the Owner/Lessee as reimbursement for up to one-half of the approved construction
cost estimate, subject to limitations set forth in Section 1 hereof.
In the alternative, at its sole discretion, the City may reimburse Owner/Lessee in
two payments. The first reimbursement may be made only 1) upon completion of work
representing 40% or more of the maximum reimbursement specified in Section 1 hereof
and 2) upon receipt by the Review Committee of the architect's invoices, contractor's
statements, invoices, proof of payment and notarized final lien waivers for the completed
work and 3) upon a determination by the City's Building and Zoning Inspector that the
remainder of the work is expected to be delayed for 30 days or more following
completion of the initial work due to weather, availability of materials, or other
circumstances beyond the control of the Owner/Lessee. The second, final reimbursement
payment shall be made by the City only upon submittal of all necessary documents as
described herein.
SECTION 5: If the Owner/Lessee or his contractor fails to complete the
improvement work provided for herein in conformity with the approved plans, design
drawings and specifications and the terms of this Agreement, then upon written notice
being given by the Review Committee to the Owner/Lessee, by certified mail to the
address listed above, this Agreement shall terminate and the financial obligation on the
part of the City shall cease and become null and void.
SECTION 6: Upon completion of the improvement work pursuant to this
Agreement and for a period of five (5) years thereafter, the Owner/Lessee shall be
responsible for properly maintaining such improvements in finished form and without
change or alteration thereto, as provided in this Agreement, and for the said period of five
(5) years following completion of the construction thereof, the Owner/Lessee shall not
enter into any agreement or contract or take any other steps to alter, change or remove
such improvements, or the approved design thereof, nor shall Owner/Lessee undertake
any other changes, by contract or otherwise, to the improvements provided for in this
Agreement, unless such changes are first submitted to the Review Committee for
approval. Such approval shall not be unreasonably withheld if the proposed changes do
not substantially alter the original design concept of the improvements specified in the
plans, design drawings and specifications approved pursuant to this Agreement.
Owner/Lessee shall execute and record a restrictive covenant, in a form substantially the
same as "Exhibit 11" hereto, or in the alternative, and at the City's discretion, the City
may simply record this entire agreement. The parties agree that should Owner/Lessee fail
to maintain or change the improvement work for the 5 year period as required by this
Section 6,then Owner/Lessee shall reimburse the City a portion of the total amounts paid
under this agreement as follows:
Year in which the failure to maintain or change occurs % of amount to be reimbursed
First Year after Completion (Months 1-12) 100%
Second Year after Completion(Months 13 -24) 80%
Third Year after Completion (Months 25 -36) 60%
Fourth Year after Completion(Months 37-48) 40%
Fifth Year after Completion (Months 49-60) 20%
Said promise shall be included in the covenant, and shall be an obligation against the
land.
SECTION 7: The Owner/Lessee releases the City from, and covenants and
agrees that the City shall not be liable for, and covenant and agrees to indemnify and hold
harmless the City and its officials, officers, employees and agents from and against, any
and all loses, claims, damages, liabilities or expenses, of every conceivable kind,
character and nature whatsoever arising out of, resulting from or in any way connected
directly or indirectly with the fagade improvement(s), including but not limited to actions
arising from the Prevailing Wage Act (820 ILCS 30/0.01 et seq.). The Owner/Lessee
further covenants and agrees to pay for or reimburse the City and its officials, officers,
employees and agents for any and all costs, reasonable attorneys' fees, liabilities or
expenses incurred in connection with investigating, defending against or otherwise in
connection with any such losses, claims, damages, liabilities, or causes of action. The
City shall have the right to select legal counsel and to approve any settlement in
connection with such losses, claims, damages, liabilities, or causes of action. The
provisions of this section shall survive the completion of said fagade improvement(s).
SECTION 8: Nothing herein is intended to limit, restrict or prohibit the
Owner/Lessee from undertaking any other work in or about the subject premises which is
unrelated to the fagade improvement provided for in this Agreement.
SECTION 9: This Agreement shall be binding upon the City and upon the
Owner/Lessee and its successors, to said property for a period of five (5) years from and
after the date of completion and approval of the fagade improvement provided for herein.
It shall be the responsibility of the Owner/Lessee to inform subsequent
Owner(s)/Lessee(s) of the provisions of this Agreement.
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the
date first appearing above.
OWNER/LESSEE UNITED CITY OF YORKVILLE
Mayor
ATTEST:
City Clerk
Exhibit I
Plans,Design Drawings, Specifications and Estimates
Exhibit II
Restrictive Covenant
(A restrictive covenant that;vill he recorded against the land as evidence that the land
is encumbered by the Fa(!ade Agreement. The intention of recording a covenant is that
the promises of the agreement will be an obligation for all land owners, and will
therefore be binding upon future land owners if the original party to file agreement
sells the building. The specific format of the restrictive covenant will be developed on a
case by case basis depending on the circumstances of the agreement, including but not
limited to the ownership of the property.)
EJ)c 7
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION ESTABLISHING A POLICY
FOR THE COLLECTION OF TRANSPORTATION DEVELOPMENT FEES
FOR KENDALL COUNTY HIGHWAYS
WHEREAS, the United City of Yorkville has considered a policy concerning
collection of an amount to be used for county roads, a copy of which is attached hereto
and incorporated herein as Exhibit"A", and
WHEREAS,the City Council of the United City of Yorkville has considered
adopting said policy, and has discussed the reasons for adopting the policy; and
WHEREAS,the revisions that the Council now desires to adopt policy are 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, United City of Yorkville hereby
adopts the policy,titled A POLICY FOR THE COLLECTION OF TRANSPORTATION
DEVELOPMENT FEES FOR KENDALL COUNTY HIGHWAYS as set forth on Exhibit"A"
attached hereto and incorporated herein.
JASON LESLIE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
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 Urn,.,d 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