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City Council Packet 2006 06-27-06 C/,- United City of Yorkville 800 Game Farm Road EST. 836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 M <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,June 27,2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m.,Monday, July 3, 2006 6:00 p.m., Tuesday, July 11, 2006 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, June 29, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, July 6, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m.,Thursday, July 13, 2006 City Hall Conference Room Presentations: None Public Hearings: None City Council Meeting Agenda June 27, 2006 Page 2 Citizen Comments: Consent Agenda 1. PW 2006-94 Scada Improvements—Bid Results - award to Kamp/Synergy, LLC in an amount not to exceed$147,237.00 2. PW 2006-95 Resolution Approving Engineering Agreement with Walter E. Deuchler Associates, Inc. for Design Services of the Aux Sable Creek Interceptor, Force Main, and Pump Station- approve in an amount not to exceed$760,000.00 and authorize Mayor and City Clerk to execute, subject to developer funding 3. PW 2006-96 Water Department Report for February 2006 4. PW 2006-97 Water Department Report for March 2006 5. PW 2006-98 Water Department Report for April 2006 6. PW 2006-99 Well No. 7 Treatment Facility—Change Order No. 6 - authorize increase in an amount not to exceed$6,932.2 7 and authorize Mayor to execute 7. PW 2006-100 Well Nos. 3 and 4 Treatment Facility—Change Order No. 1 - authorize increase in an amount not to exceed$2,755.00 and authorize Mayor to execute 8. PW 2006-101 Rob Roy Creek Interceptor(Contract#6)—Change Order No. 1 -authorize decrease in an amount not to exceed$76,509.16 and authorize Mayor to execute 9. PW 2006-102 Rob Roy Creek Interceptor(North Branch Contract#1)—Bid results - award to Anderson Underground, Inc. in an amount not to exceed$966,861.87 10. PW 2006-103 Purchase of Backhoe/Loader- approve purchase of backhoe/loader in the amount of $75,676.00 and trade-in of 1993 backhoe in the amount of$20,000.00 for a total amount not to exceed $55,676.00 11. PW 2006-104 IDOT Highway Permit and Resolution—Raymond Storm Sewer Outfall -authorize Mayor and City Clerk to execute 12. PW 2006-107 Prestwick of Yorkville(Phase 1)—Construction Guarantee -agree to accept a reduced bond or letter of credit in the amount of$2,778,346.96 13. PW 2006-109 Grande Reserve—Neighborhood 17 Watermain Easement- authorize Mayor and City Clerk to execute 14. PW 2006-111 New Water Meter System- approve as presented 15. PW 2006-112 MFT Crack Filling Project Bid Results -award to SKC Construction, Inc. in an amount not to exceed$24,895.55 16. PW 2006-113 IDOT Highway Permit and Resolution—Sunfield Restaurant- authorize Mayor and City Clerk to execute 17. ADM 2006-37 Monthly Treasurer's Report for April 2006 18. PS 2006-27 Police Reports for May 2006 City Council Meeting Agenda June 27, 2006 Page 3 Consent Agenda(con't) 19. PS 2006-28 Resolution Establishing the Job Description for the Position of Records Supervisor- authorize Mayor and City Clerk to execute 20. PS 2006-29 Resolution Establishing the Job Description for the Position of Part Time Secretary to the Board of Fire and Police Commissioners - authorize Mayor and City Clerk to execute 21. PC 2006-31 Tuscany Plaza Development Agreement a. Ordinance Authorizing the Execution of a Development Agreement-authorize Mayor and City Clerk to execute b. Ordinance Rezoning- authorize Mayor and City Clerk to execute 22. CC 2006-03 Ordinance Declaring Compliance with Illinois Prevailing Wage Act- authorize Mayor and City Clerk to execute 23. PW 2006-92 Resolution Approving Revised Engineering Agreement with Engineering Enterprises, Inc. for Southwest Water Works System Improvements Contracts F.1 through F.5 - authorize Mayor and City Clerk to execute, subject to developer funding 24. PW 2006-106 Prestwick of Yorkville (Phase 1)—Letter of Understanding- approve letter of understanding and authorize Mayor and City Attorney to execute 25. PW 2006-115 Bid Results for Kennedy Road at Freedom Place Intersection Improvement- award to Aurora Blacktop, Inc. in an amount not to exceed$157,879.92 26. PW 2006-116 Resolution Approving Glen Palmer Dam Intergovernmental Agreement- authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—March 7, 2006,April 4,2006, May 2,2006, and June 6, 2006 Minutes of Special City Council—May 30, 2006 Minutes of Special Town Meeting—April 20, 2006 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 7,407.99 (vendors -FY 05/06) $ 788,752.21 (vendors -FY 06/07) $ 211,444.59 (payroll period ending 6/10/06) $ 1,007,604.79 (total) City Council Meeting Agenda June 27, 2006 Page 4 Reports: Mayor's Report: City Council Report: 1. Selection of Mayor Pro Tem 2. Governing Ordinance City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2006-93 Resolution Approving Engineering Agreement with Engineering Enterprises, Inc. for Southwest Transportation Improvements Contracts F.6 through F.8 Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2006-38 Resolution Declaring Official Intent to Issue Special Tax Bonds for Westbury East Village 2. ADM 2006-39 Ordinance Proposing the Establishment of Special Service Area Number 2006-111 (Westbury East Village) 3. ADM 2006-40 Resolution Declaring Official Intent to Issue Special Tax Bonds for Westbury South Village 4. ADM 2006-41 Ordinance Proposing the Establishment of Special Service Area Number 2006-112 (Westbury South Village) City Council Meeting Agenda June 27, 2006 Page 5 Additional Business: Adjournment: COMMITTEES,MEMBERS AND RESPONSIBILITIES [PUBLIC OW�RKS 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 CONOMI -C DEVELOPMENTS - — ------------------ --------------------------- Committee Departments Liaisons Chairman: Alderman Munn 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 UBLIC_S_A_FE_TYI Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relation KenCom Committee: Alderman Bock 1DMINISTRATIO Committee Departments Liaison Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock TAD-HOC: TECHNOLOGY Committee-=---------------- ----- -- ---- Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING ENGINEERING AGREEMENT WITH WALTER E. DEUCHLER ASSOCIATES, INC. FOR DESIGN SERVICES OF THE AUX SABLE CREEK INTERCEPTOR, FORCE MAIN, AND PUMP STATION WHEREAS, the City Council of the United City of Yorkville has considered approval of an agreement with Walter E. Deuchler Associates, Inc. for Design Services; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS, this agreement shall be paid for by Developer funding; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Agreement in the form set forth in Exhibit"A"is hereby approved, subject to Developer funding in an amount sufficient to make payment for the Agreement, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of .A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 CA ��� STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF RECORDS SUPERVISOR IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of Records Supervisor; and WHEREAS, the position of Records Supervisor will have the duties and responsibilities as set forth in the attached job description; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF RECORDS SUPERVISOR IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT"A" The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF PART TIME SECRETARY TO THE BOARD OF FIRE AND POLICE COMMISSIONERS IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE,after careful consideration,have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of part time Secretary to the Board of Fire and Police Commissioners; and WHEREAS,the position of part time Secretary to the Board of Fire and Police will have the duties and responsibilities as set forth in the attached job description; and NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF PART TIME SECRETARY TO THE BOARD OF FIRE AND POLICE COMMISSIONERS IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT"A" The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. I ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Cpl gala. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR TUSCANY PLAZA WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development 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, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 2 of 2 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF A DEVELOPMENT AGREEMENT (Tuscany Plaza) WHEREAS, Gary and Donna Cervelli are the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS George Fisher,developer of the Property has made application by petition for the rezoning of the Property pursuant to Development of the Property, and WHEREAS, owners and developers have previously entered into an agreement for development and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended a rezoning of the property by changing the allocation of the zoning districts by allowing all permitted uses in the B-2 General Business District including residential uses in a business building as depicted in Exhibit`B"to the Development Agreement(Floor Plan) and approved as a Special Use and decreasing from 20 feet to 0 feet for the rear and side yard setbacks (10- 7C-4B and C),increasing lot coverage from 80%to 90%(10-7C-5), reducing the minimum parking lot aisle from 24 feet to 22 feet 4 inches (10-11-13), and reducing the amount of required off-street parking spaces from 44 to 29—(Retail uses require 24 spaces and residential use requires 20 spaces). NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY 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 legally described on Exhibit"A'to the zoning classifications described in the Development Agreement by allowing all permitted uses in the B-2 General Business District including residential uses in a business building as depicted in Exhibit"B"to the Development Agreement(Floor Plan) and approved as a Special Use and decreasing from 20 feet to 0 feet for the rear and side yard setbacks (10-7C- 4B and C), increasing lot coverage from 80%to 90% (10-7C-5),reducing the minimum parking lot aisle from 24 feet to 22 feet 4 inches (10-11-13), and reducing the amount of required off-street parking spaces from 44 to 29—(Retail uses require 24 spaces and residential use requires 20 spaces). 2. The Property shall be developed according to the terms of the Development Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING REVISED ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES,INC. FOR SOUTHWEST WATER WORKS SYSTEM IMPROVEMENTS CONTRACTS FA THROUGH F.5 WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Engineering Enterprises, Inc. for Engineering Services; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS, this agreement shall be paid for by Developer funding; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Agreement in the form set forth in Exhibit"A"is hereby approved, subject to Developer funding in an amount sufficient to make payment for the Agreement, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of . A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of .A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyedi City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 CA 4��) STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION IN FURTHERANCE OF THE INTERGOVERNMENTAL AGREEMENT WITH ILLINOIS DEPT. OF NATURAL RESOURCES (Contract 203,date 9-01-04) FOR GLEN PALMER DAM WHEREAS,the City Council of the United City of Yorkville has previously entered into and Intergovernmental Agreement (IGA) are referenced above a copy of which is attached hereto and incorporated here in as Exhibit"A"; and WHEREAS, Section A,par. 5 of the IGA obligates the City to provide a Resolution providing that sufficient City funding will be set aside to "adequately operate and maintain"the Project, "as defined herein," and WHEREAS, Section C,par 5 of the IGA defines the City's responsibilities for operation and maintenance, including removal of trash and debris,maintenance of signage,mowing of grass and/or removal of woody growth, removal of graffiti, repair of fencing and handrailing, and WHEREAS,this Resolution is strictly limited to establishing that funding will be set aside for the City's maintenance obligations as previously established by the IGA, and is not intended,nor shall it be construed to expand the City's obligations whatsoever as set forth in the IGA, and WHEREAS,the State of Illinois,Dept. of Natural Resources shall remain the owner of the Dam, and shall continue to be responsible for the structure of the dam, and this Resolution is not intended in any way,nor shall it be interpreted to change the ownership of the dam, or the responsibility for the structure of the dam. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting BE IT HEREBY RESOLVED: A. The preambles are incorporated herein as if written in full as this place in the Resolution. B. The United City of Yorkville shall provide sufficient funding to be set aside to adequately operate and maintain certain aspects of the reconstructed Glen Palmer Dam as more specifically set forth in the Intergovernmental Agreement(IGA)with the State of Illinois Department of Natural Resources (Exhibit"A") which is attached hereto, and incorporated by reference herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. I ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 INTERGOVERNMENTAL AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS and the STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES forthe GLEN PALMER DAM IMPROVEMENTS PROJECT AND USE OF STATE OWNED PROPERTY Contract No. 203 9-01-04 THIS AGREEMENT is made,among the United Cityof Yorkville, a Municipal Corporation, located in Kendall County, Illinois, Hereinafter referred to as the "CITY,"and the State of Illinois, Department of Natural Resources, hereinafter referred to as the "DEPARTMENT," WITNESSETH: WHEREAS, the CITY and the DEPARTMENT are legal entities, organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform such undertakings as described herein under the "Intergovernmental Cooperation Act,"5 ILCS 220/1 et. seq. (2002); and WHEREAS, the CITY requested the DEPARTMENT to investigate the Glen Palmer Dam site to diminish or remove the public safety concerns created by the existing spillway configuration which ultimately resulted in the development of the PROJECT; and WHEREAS, the CITY recognizes the dam as a integral part of the CITY's history and economy and recognizes the dam as a recreational destination for local citizens, tourists, and sportsmen alike; and WHEREAS, the CITY, through prior resolution 2001-7 approved by the CITY on February 28, 2001, strongly urged the DEPARTMENT to preserve the existing dam in the CITY while making such safety enhancements that will protect persons from harm and create an ecologically safe passageway for fish and water craft to move both upstream and downstream of the dam without harm to the environment; and WHEREAS, the DEPARTMENT has developed improvements for the state owned Glen Palmer Dam which consists of. modifying a portion of the dam spillway with a 4-step concrete spillway and fish ladder, modifying the remainder of the dam spillway with a divider island and whitewater bypass channel/fish passage along the south bank of the river, appurtenances, and any environmental mitigation hereinafter referred to as the "PROJECT", and WHEREAS, based on a document entitled "Yorkville/Glen Palmer Dam Alternative Analysis and Preliminary Design -December 2003," prepared by Tang and Associates for the DEPARTMENT and filed with the Illinois—General Assembly in summary form, it has been determined that while the DEPARTMENT prefers the ecologically beneficial removal of the dam, the PROJECT satisfies the state's objectives for safety, ecological improvements and recreational developments while minimizing land rights necessary to improve public safety, and that the DEPARTMENT should proceed to implement the PROJECT; and WHEREAS, the DEPARTMENT has jurisdiction over State property at the Yorkville Dam of the Fox River, located in Kendall County and known as Riverfront Bicentennial Park; and WHEREAS, the CITY currently operates Riverfront Bicentennial Park under Agreement Number 645A with the DEPARTMENT, dated April 25,1991 and revised January 15, 1999, and incorporated herein by reference, for open space, recreational purposes, and the operation of a 16-inch water line across state owned property, including the Fox River; and WHEREAS, the CITY recognizes the PROJECT as an integral part of their further development of the Riverfront Bicentennial Park in the CITY; and WHEREAS, the DEPARTMENT has approved participation in the PROJECT to the extent allowed by its statutory authority under the "Des Plaines and Illinois Rivers Act," 615 ILCS 60/3 (2002); and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT from the Capital Development Bond Fund under Public Act 93-0842, Article 93, Sections 105, that includes funds for this PROJECT; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act," 30 ILCS 105/9.02 (2002). WHEREAS, under penalties of perjury, the CITY certifies that 36-6006169 is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by the DEPARTMENT in two stages, identified as STAGE 1 and STAGE 2 in this AGREEMENT. STAGE 1 will include that work necessary to modify the existing dam spillway with a four step spillway, fish ladder and to construct a temporary spillway in the vicinity of the future bypass channel. STAGE 2 will include that work necessary to remove the temporary spillway constructed in STAGE 1 and to construct a permanent divider island and bypass channel/fish passage along the south bank of the river including any landscaping and appurtenances necessary to complete the PROJECT. 3. STAGE 2 of the PROJECT will proceed based on the availability of funds, accepted . design plans, permits and land rights necessary to complete the stage. In the event the CITY wishes to proceed with implementation of STAGE 2 of the PROJECT without DEPARTMENT funding, the DEPARTMENT agrees to cooperate in the exchange of existing PROJECT documents with the CITY to facilitate the CITY's efforts. 2 4. The 2003 estimated cost of the two phased PROJECT is $6,800,000. The DEPARTMENT's funding obligation will cease immediately without penalty or further payment being required if in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for the PROJECT. 5. The DEPARTMENT will not approve the award of a construction contract for STAGE 1 of the PROJECT until the CITY has adopted and furnished to the DEPARTMENT a proper resolution providing that sufficient CITY funding will be set aside-to adequately operate and maintain the PROJECT as defined herein. 6. The previous Agreement Number 645A entered into on April 25, 1991 and revised January 15, 1999 between the CITY and the DEPARTMENT is hereby declared null and void and is hereby replaced in total with the terms of this new AGREEMENT between the parties. 7. All provisions of this agreement will be binding upon the successors and assigns of the parties hereto. 8. This agreement may only be modified, assigned, supplemented, amended or terminated by mutual agreement, in writing, by the parties hereto. B. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will prepare or cause to be prepared, the final design plans, specifications, operation and maintenance manual, and contract documents; advertise forbids; make the contract award; supervise the construction (resident engineering); and pay for all the construction costs associated with the PROJECT. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY. The PROJECT may be constructed in phases as determined by the DEPARTMENT. 2. The DEPARTMENT will designate on the plans all designated boundaries of the lands, easements, and rights-of-way, hereinafter referred to as "PROPERTY RIGHTS," required for the construction, environmental mitigation, operation and maintenance of the PROJECT. The DEPARTMENT will also designate, on the plans or in writing prior to the CITY commencing acquisition, the minimum title, right or interest required in each parcel of land to ensure the proper construction and future integrity of the PROJECT. 3. The DEPARTMENT will assume all responsibility for the structural repair and/or rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose for the life of the PROJECT. Any necessary work concerning concrete PROJECT features and any other PROJECT features related to the structural integrity of the PROJECT will be the responsibility of the DEPARTMENT. 4. The DEPARTMENT hereby grants to the CITY the right to enter upon any property rights held by the DEPARTMENT necessary for operation, maintenance inspection, and maintenance of the PROJECT as defined herein. 5. The DEPARTMENT will be responsible for obtaining all federal and state permits required to construct, operate, and maintain the PROJECT. All permits will be applied for in the DEPARTMENT's name. The CITY will be responsible for obtaining any local permits required for the PROJECT. The DEPARTMENT will•be responsible for all PROJECT inspections and reports associated with the issuance of a state Dam Safety permit. 3 Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and the DEPARTMENT. Failure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty(30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse the DEPARTMENT for any and all costs that maybe incurred by the DEPARTMENT in connection therewith. C. UNITED CITY OF YORKVILLE 1. The CITY will review and comment in writing to the DEPARTMENT on the final design plans and specifications and on the operation and maintenance manual for the PROJECT prior to the DEPARTMENT advertising for construction bids. 2. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, title to all PROPERTY RIGHTS, not currently held by the DEPARTMENT required for the construction, operation, and maintenance of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the construction, operation and maintenance of the PROJECT for review and approval by the DEPARTMENT. 3. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, PROPERTY RIGHTS for any environmental mitigation required as a result of the construction of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the mitigation of the PROJECT, if necessary, for review and approval by the DEPARTMENT. 4. The CITY hereby grants to the DEPARTMENT the right to enter upon any PROPERTY RIGHTS held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the exent the provisions of Item B-6 herein are invoked by the DEPARTMENT for failure of the CITY to operate and maintain the PROJECT. CITY will permit the use of any CITY-owned streets or alleys by the DEPARTMENT or its assigns as necessary to construct, inspect, operate and maintain the PROJECT. 5. The CITY, without cost to the DEPARTMENT, will assume responsibility for the operation and maintenance of the PROJECT in accordance with the operation and maintenance manual, to ensure that the PROJECT will serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clear of all trash and debris, or any other matter that might tend to impede proper and free flow of water. All structures, including riffles, pools, trails, bridges and the divider island will be kept clean of any and all debris and will be maintained in a satisfactory condition. All PROJECT signage will be maintained in a satisfactory condition. Grass covered areas will be mowed to a height of six inches or less at least twice each year. On areas that cannot be mowed, measures will be taken at least annuallyto maintain the designated landscape plantings and eliminate unwanted woody growth larger than one-half inch in diameter. The CITY will keep all concrete and rock surfaces free of graffiti and unnecessary markings and maintain and repair all fencing and handrailing associated with the PROJECT. 4 Measures will also be taken as conditions require to correct any erosion problems associated with the PROJECT. 6. The CITY will be responsible for expeditiously notifying the DEPARTMENT of any necessary PROJECT repair or rehabilitation conditions that exist related to substantial erosion or structural integrity of the PROJECT. 7. The CITY will be responsible for the operation and maintenance of all safety lighting, signage, water control gates, and buoy placement associated with the operation of the PROJECT. 8. The CITY, without cost to the DEPARTMENT, will be responsible for obtaining and providing the DEPARTMENT with copies of all local permits required for the construction of the PROJECT. The CITY will be responsible to abide by all federal, state and local laws, ordinances, rules and regulations during operation and maintenance of the PROJECT, and to satisfy all state environmental laws, regulations, and executive orders that apply because of state funds being used on the PROJECT. 9. The CITY, without cost to the DEPARTMENT, will be responsible for all utility alterations or relocations and for all fence removal and/or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 10. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances satisfactory to the Federal Emergency Management Agency and the DEPARTMENT, relative to the regulation of development in floodplains under the jurisdiction and control of the CITY. 11. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine orjudgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that maybe incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the PROJECT. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. D. TERMS OF LAND USE 1. PREMISES: The lands covered by this Agreement shall include: (1) three tracts, comprising the Yorkville Dam and the abutting properties on the North and South banks of the Fox River in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, known as TRACT A (north abutment area), TRACT B (south abutment area), and TRACT C (all The DEPARTMENT property situated between said TRACTS A and B and bounded by the extended East and West boundaries thereof), (2) all PROPERTY RIGHTS acquired by the CITY in the name of the DEPARTMENT required for the construction, operation and maintenance of the PROJECT, and (3) all improvements of these lands, including the PROJECT(all hereinafter the "PREMISES"). 2. USE OF PREMISES: The DEPARTMENT grants use of the PREMISES to the CITY, at no cost to the CITY, in consideration for the CITY's responsibilities defined herein. CITY 5 hereby agrees to use the PREMISES for open space and recreational purposes at no charge to the public and for the existing 16-inch water line and other appurtenant utilities only, in accordance with plans, specifications and operations and maintenance manual approved by both parties. The PREMISES shall not be used for the burning of refuse, deposition of debris or other material, or for any unsanitary or unhealthful purposes by the CITY in the use or occupancy of the PREMISES. Any other uses of the PREMISES, and all plans in connection herewith, shall be subject to the prior written approval of the DEPARTMENT. An unauthorized or impermissible use of the PREMISES shall be deemed to be a material breach of this Agreement. 3. ALTERATIONS: The CITY shall in no way alter or modify any existing structure(s) located on the PREMISES, nor shall the CITY modify the land within the PREMISES, without the prior express written consent of the DEPARTMENT. If the CITY wishes to make any such alterations and/or modifications, the CITY shall first contact the DEPARTMENT's Division of Planning to ensure compliance with applicable statutes and regulations including, but not limited to, consultation requirements of the Illinois Endangered Species Protection Act, 520 ILCS 10/11, and the consultation, mitigation and compensation provisions of the Interagency Wetland Policy Act of 1989, 20 ILCS 830/1-1 of seq., and with the State Agency Historic Resources Protection Act. Nothing herein contained shall be construed to mean that the DEPARTMENT shall be responsible for compliance with all applicable State or Federal statutes and regulations; that responsibility shall remain with the CITY. 4. MAINTENANCE: In consideration for the CITY's use of the PREMISES as defined in articles D-1 and D-2, the CITY agrees to perform all maintenance of the PREMISES, including litter control and vegetation management and all PROJECT maintenance as defined in Articles C-5, C-6, and C-7 of this Agreement. 5. OBSTRUCTION OF PREMISES: CITY shall do nothing that might interfere with the ability of the DEPARTMENT to inspect, maintain or improve the PREMISES or any portion thereof, including specifically but without limitation activities of the DEPARTMENT related to the operation of the dam and associated PROJECT. The CITY shall not, in any manner, obstruct the programs of the DEPARTMENT. It is understood and agreed that the DEPARTMENT reserves the right to require the CITY to remove, relocate or modify any structures, improvements or facilities upon, under or across the PREMISES, at the CITY's sole expense, if the DEPARTMENT determines, in its sole discretion, that such actions are appropriate and necessary to preserve the integrity, character, function or use of the PREMISES. 6. RELEASE OF DAMAGES: The CITY will further hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the use, operation and maintenance of the PREMISES. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. 7. LAWS AND REGULATIONS: The DEPARTMENT and the CITY shall comply with all applicable provisions of State and Federal constitutions, laws, regulations, orders and decrees, including but not limited to those pertaining to unlawful discrimination and equal employment opportunity, including without limitation the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, and Article VI of the regulations of the Illinois Department of Human Rights,which are incorporated herein by reference, and all environmental and cultural heritage requirements. 6 8. NOTIFICATIONS: All official notices pertaining to this Agreement, excluding routine management communications but including, without limitation, communications pertaining to amendments or termination, shall be effective only if directed to the respective parties as follows: for The DEPARTMENT: for CITY: Department of Natural Resources Mayor, City of Yorkville Concession and Lease Management 800 Game Farm Road One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0179) (telephone 630-553-4372) or to such other points of contact as may be designated in writing from time to time by authorized representatives of the parties. All routine communications relating to management and operation of the PREMISES shall be directed as follows: Department of Natural Resources Yorkville City Engineer Office of Water Resources 610 Tower Lane One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0900) (telephone 630-553-4350) 9. INSPECTION AND REPAIRS: The DEPARTMENT makes no representations, warranties (expressed or implied) or assurances with respect to the condition of any improvements situated on the PREMISES or the PREMISES themselves. The CITY accepts the PREMISES and all improvements thereon "as is" in their present condition, and all future PROJECT improvements as designed, approved and constructed on the PREMISES. It is further understood and agreed that the CITY has sufficiently inspected the PREMISES, prior to the execution of this Agreement, made an independent assessment of the environmental and other conditions of the PREMISES, and accepts the same in its present condition. Any environmental claims which may arise from the CITY's use shall be the sole responsibility of the CITY, who agrees to indemnify and hold harmless the DEPARTMENT thereon. 10. RESERVED RIGHTS: This Agreement is nonexclusive, and the DEPARTMENT reserves the right of ingress, egress and usage of the PREMISES, and the right to grant leases, permits, or rights-of-way in and to the PREMISES to the extent that they are not incompatible with the uses authorized herein. 11. PUBLIC SAFETY: Should it be determined by the DEPARTMENT that a particular use of the PREMISES by the CITY is, or will be, hazardous to the public or the property, the CITY , upon written notice by the DEPARTMENT, shall install safety devices or make modifications at the CITY's sole expense to render the PREMISES safe for, and compatible with, public use. In the e\,ent the CITY fails to install such safety devices or make required modifications within thirty (30) days, or, if such modifications cannot be completed within said 7 time frame, the CITY fails to begin working expeditiously to render the PREMISES safe for the public, the DEPARTMENT may install such safety devices or make such modifications at the CITY's expense, and may declare the CITY to be in breach of this Agreement. 12. ENVIRONMENTAL: The CITY, except as otherwise herein provided, shall not alter or impede water flowage, apply chemicals, or disturb the terrain in any manner within the PREMISES without prior approval of the DEPARTMENT. 13. TERMINATION: The DEPARTMENT shall have the right to terminate this Agreement upon giving the CITY ninety(90) days'written notice. The CITY agrees to surrender and restore the PREMISES, and remove all personal property therefrom, prior to the expiration of said notification period. If this Agreement is terminated under this provision, the CITY shall not be liable for CITY responsibilities defined in this Agreement beyond the date of vacating the PREMISES. It is further understood and agreed that the DEPARTMENT may terminate this Agreement if the CITY is in default or in breach of any of the terms of the Agreement, or in the event of the CITY 's bankruptcy or receivership. In such an event, the DEPARTMENT shall give the CITY a written notification of such breach or default, and the CITY shall have thirty (30) days to cure the same. if the CITY fails to cure or remedy the breach or default within said period of time, the DEPARTMENT shall have the right to declare this Agreement to be terminated. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. Likewise, the CITY, with 90 days written notice, may terminate this Agreement if the DEPARTMENT is in breach of any of the terms of the Agreement. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. 14. VACATING THE PREMISES: The CITY, immediately upon Agreement Termination, shall vacate the PREMISES and remove all property to which the CITY holds proper title, except that the CITY shall not remove any property that is permanently attached to the PREMISES regardless of whether the CITY holds proper title except as authorized in writing by the DEPARTMENT. Should the CITY fail to remove or dispose of the CITY's property, the DEPARTMENT may consider such property abandoned and may claim proper title to such property or dispose of same at the CITY's expense. In addition, at the termination of this Agreement, the CITY shall quit and surrender the PREMISES, including real property 8 improvements, in a good state of repair, save ordinary wear and tear. The DEPARTMENT reserves the right to require the CITY to make such repairs and restorations as it may, in its sole discretion, deem necessary. 15. NONINTERFERENCE AND COOPERATION: The DEPARTMENT and CITY shall do nothing to interfere with or prejudice the other's right or duty to recover damages or commence action against a third party, and shall furnish all reasonable assistance and cooperation in connection with any action against such third party, including without limitation assistance in the prosecution of suit. 16. DISCRIMINATION: The DEPARTMENT and the CITY shall not discriminate unlawfully on the basis of race, color, sex, national origin, age or handicap in admission to, or treatment or employment in, programs or activities. 17. CERTIFICATIONS: The CITY will complete the attached Certification Document marked ATTACHMENT A, which will be incorporated as part of this AGREEMENT. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. STATE OF ILLINOIS RECOMMENDED: ?Date: D: Gary R. Clark, Director vold, Director Office of Water Resources t of Natural Resources ^ y� —0 � APPROVED: Robert Mool, Legal Counsel UNITED CITY OF YORKVILLE ATTEST: APPROVED: Yorkville CITY Clerk Yorkville CITY/`Mayor Date: 10 ILLINOIS ATTACHMENT A CERTIFICATIONS DEPARTMENT OF NATURAL RESOURCES I. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code(30 ILCS 500150). 11. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5133E-3, 720 ILCS 5/33E-4). III. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85-627 (5 ILCS 385/1) (a partnership shall be considered barred if any partner is in default on an educational loan). IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1). V. Under penalties of perjury, I certif��y that the name, taxpayer identification number, and legal status listed below are correct. Name: U n 14 l d� o T I�f�Vi l� Taxpayer Identification Number: Social Security Account Number /� / orgJ� "I TS � Q� Federal Employer Identification Number (If you are an individual,enter your name and SSAN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owners name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status(Check one): ❑ Individual • Owner of Sole Proprietorship KGovernmental Entity • Partnership ❑ Nonresident alien individual •Tax-exempt hospital or extended care facility ❑Estate or legal trust • Corporation providing or billing ❑ Foreign corporation, partnership,estate, or trust medical and/or health care services ❑ Other. •Corporation NOT providing or billing medical and/or health care service VI. This certification is required by the Drug Free Workplace Act(30 ILCS 580/1)for contracts and grants effective January 1, 1992. The Drug Free Workplace Act requires that no grantee or Contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or Contractor will provide a drug free workplace and that individuals must not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. CONTRACTOR/GRANTEE:For the purpose of this certification,"grantee"or"contractor'means a corporation,partnership,or other entity with twenty-five(25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. _2_ ATTACHMENT A The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. INDIVIDUALS: If Contractor is an individual,or an individual doing business in the form of a sole proprietorship,the individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. Contractor certifies that it will not engage in the unlawful manufacture, distribution,dispensation, possession or use of a controlled substance in the performance of the contract. This requirement applies to contracts of more than$5,000. VII. In compliance with the State and Federal Constitutions,the Illinois Human Rights Act,the U.S.Civil Rights Act,and Section 504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in employment, contracts, or any other activity. Contractor,its employees and subcontractors,agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act,the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act,and rules applicable to each.The equal employment opportunity clause of the Department of Human Rights'rules is specifically incorporated herein. The Americans with Disabilities Act(42 U.S.C.12101 et seq.)and the regulations thereunder(28 CFR 35.130)(ADA)prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this contract, the undersigned contractor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. _3_ ATTACHMENT A VIII. Contractor certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency and has received an early retirement incentive under Section 40 ILCS 5/14-108.3 or 40 ILCS 5116-133.3 of the Illinois Pension Code.Contractor acknowledges and agrees that if such early retirement incentive was received,this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract. The books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontractor completion of the subcontract. However,the 3-year period shall be extended for the duration of any audit in progress at the time of that period's expiration. All books and records shall be available for review and audit by the Auditor General and the purchasing agency. The Contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contractfor which required books and records are not available. (30 ILCS 500/20-65). X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2-105(A)(4),contractor shall have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law;(iii)a description of sexual harassment,utilizing examples;(iv)the Contractor's internal complaint process including penalties; (v)the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission;(vi)directions on how to contact the Department and Commission;and(vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request. XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. WAGES OF LABORERS,MECHANICS AND OTHER WORKMEN: If applicable,the Contractor shall be required to observe and comply with provisions of the "Prevailing Wage Act;' 820 ILCS 130/1 et. seq.,which applies to the wages of laborers, mechanics and other workers employed in any public works. XIV. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50-11 prohibits a person from entering into a contract with a State agency if he knows or should know that he,or any affiliate,is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50-12 prohibits a person from entering into a contract with a State agency if he,or any affiliate,has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with PublicAct 93-0307 that no foreign-made equipment,materials,or supplies furnished to the State under the contract have been produced in whole or in part by forced labor,convict labor,or indentured labor under penalsanction. XVI. The Contractor certifies in accordance with 30 ILCS 500/50-10.5 that no officer, director, partner or managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,815 ILCS 5/1 et seq., for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contracting agency shall declare the contract void if this certification is false. XVII. The Contractor certifies this agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditure Act(PA 93-0552). XVIII. The Contractor certifies in accordance with 30 ILCS 500/50-12 that the bidder or contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. -4- ATTACHMENT A The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of the invitation for bids,request for proposals,agreement,contract,amendment, renewal or other similar document to which these certifications are attached. CONTRACTOR J BY: � Cr 2rL Z TI TLE: � DHR Public Contract Number*: Approved by DNR Legal Counsel June 2003 as revised by Comptroller Accounting Bulletin 116 In January 2004 (*) Department of Human Rights Public Contract Number. Each Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section,100 W.Randolph,1 O'h Floor,Chicago, Illinois 60601 or calling 312/814-2431 (TDD 312/263-1579). In the space provided,show your Public Contract Number or,if not available,the date a completed application for the number was submitted to the Department of Human Rights.Contractors with less than 15 employees may Indicate"not applicable". Page 1 of 4 COMMUTEE OF THE WHOLE DRAFT Tuesday,March 7,2006 7:00 P.M City Conference Room Present Mayor Art Prochaska Chuck Brooks, resident Alderman Joe Besco Heather Gillers,Beacon News Alderman Dean Wolfer Larry Saravanos, Saravanos Properties Alderman Jim Bock Frank Cortina,Attorney Alderwoman Valerie Burd Cheryl Grate, Grate Signs Alderwoman Rose Spears Kathy Fanen,Record Alderman Marty Munns Hendra Konrad,Kiddie Campus City Administrator John Crois John Lies,Kiddie Campus City Attorney John Wyeth Belinda Lies, Kiddie Campus City Treasurer Bill Powell Rich Olson,Bristol Ridge Travis Miller Peter Raphael, William Blair Bart Olson Scott Guerard, Wyndham Deerpoint Police Chief Harold Martin David Faganel,Faganel Dev. Finance Director,Tracy Pleckham Kevin Carrera, Rathje&Woodward, LLC David Mogle Lynn Dubajic, YEDC Dr. Engler, Yorkville Superintendant Charles Hervas, attorney Dan Kramer The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Attorney Charles Hervas sat in for City Attorney John Wyeth until John Wyeth returned at 9:25 pm Public Hearing None. Presentations: 1. PC 2006-05 Bristol Ridge—Concept Plan—Kevin Carrera and Rich Olson were here for the presentation. There is a Temporary Emergency Access onto Comeils Road in the plan. The lots are all 12,000 minimum square feet with an average of 14,000 square feet. After discussions with the school,the school will be getting cash and no land from this parcel. There were some 2 and 3 unit Townhomes to buffer the high density Townhomes in Bristol Bay, and some 4—6 unit Townhomes that would buffer the existing Commercial area. There will be a bike path along the tracks and the detention area. There was a question about the safety of the location of the trail. It can be moved to the other side of the detention, where it can be farther away from the railroad tracks. Page 2 of 4 2. PC 2005-56 Dhuse Property(RA Faganel Builders)—Concept Plan—This parcel is at the comer of Ament Rd. and Rt. 47. It is surrounded by the MPI development. This developer is working with MPI to come up with acreage for a High School site. The lots are 12,000 square foot minimums with an average lot size of 14,000 square feet. There are 167 lots and there will be bike path access within the development. Detail Board Report(Bill list): This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. PS 2005-12 Police Reports for January 2006 The Consent Agenda items will move on to City Council on Consent Agenda. Mayor: 1. ZBA 2005-58 Saravanos Properties—Sign Variance—A new sign is being proposed. It is under 20 feet high, and is 198 square feet. There were two options presented. Option"B"had a"roof'design element, and option"A"did not. Option"B"will be moved forward to City Council for consideration. 2. ADM 2005-19a. Ordinance Establishing SSA No.2005-109 (Bristol Bay 1) - and 3. ADM 2005-19b. Ordinance Providing for Issuance of SSA No. 2005-109 Special Tax Bonds, Series 2006(Bristol Bay 1)—These are in keeping with the annexation agreement. Peter Raphael said the Bond issue would fund storm sewer facilities, sanitary sewer facilities,water facilities,and road improvement categories. There has been no agreement with the school yet if they want land and cash,or just cash. There was a question if the SSA would be used to develop the park. The parks will be developed along with the different phases of the development. There is some regional detention in this development. John Wyeth, John Crois, and Travis Miller will work on a paper trail with the taxing bodies. There was a suggestion that the SSA should not be approved until all the taxing bodies have an agreement with the developer in to the City. This will move on to City Council for consideration. 4. ADM 2006-15 Municipal Building Impact Fee—The figures in the packet for the buildings do not include land acquisition. There will be verbage to allow for the pre-payment of the fees. The higher of the two figures in the justification and the impact fees does include charges for debt service,the lower of the two costs does not, because the fees would be paid up front. There will also be verbage that says the fees can be reviewed from time to time so the whole ordinance does not have to 'be changed if the amount of the fee changes. This will move on to City Council. Economic Development Committee: 1. EDC 2005-01 SSA Tax Policy—This defines what SSA dollars are eligible to be used for. Under Eligible Projects a sentence shall be added that the developer must demonstrate a reasonable and acceptable agreement with all the taxing bodies before the SSA can be approved. This will move on to City Council. Page 3 of 4 2. PC 2005-27 Kiddie Campus—Special Use—This will move on to City Council for Consideration. 3. PC 2005-62 2113 Route 47—Annexation and Zoning—Must get a draft agreement in to the City before a Public Hearing can be set. 4. PC 2006-03 Woodstone—Annexation and Zoning—Must get a draft agreement in to the City before a Public Hearing can be set. 5. PC 2006-07 Caledonia Unit 1—Final Plat—Scott Guerard was here to explain that Caledonia was originally approved as a single unit, and now it will be developed in phases. This will move on to City Council. 6. EDC 2005-06 Amendment to PUD Ordinance—The words highlighted in yellow are the new text and the lined through text is text to be removed. This changes how the PUD is administered and recognized. This will add a PUD zoning classification. This change will give the developer an entitlement on the concept plan.All other zoning classification regulations particular to the development will also have to be met. There was a question about the changes between Public Hearings and Public Meetings, because the neighbors will not be notified for a Public Meeting the same way they are for a Public Hearing. Travis Miller will check on this. Minor and Major changes are outlined in the ordinance as well as what has to happen when changes are made. There will be a Public Hearing to add this zoning classification,then it will go to Plan Commission before it comes back to COW. Park Board: No Report. . Public Works Committee: No Report. Public Safety Committee: 1. PS 2006-07 Overnight Parking Ordinance—Long Term Parking—There was a sample of a long term parking permit application. It was thought that garages were for parking vehicles, not storage of household items,but there was some debate about whether or not a permit could be applied for if the homeowner was storing a boat or other recreational vehicle in their garage. It was though the permits should be for cul-de-sac residents only. Also the cul-de-sac 100%of signatures rule should be looked at if there was for instance a cul-de sac with only one signature missing. Bill Dettmer will be contacted and all the building and zoning ordinances will be looked at to see if they need updating. This will come back to the next COW. 2. PS 2006-06 Request to Hire Two Additional Patrol Officers—The hires will wait until April first,when they were originally planned for. This is informational only. No further action is necessary. 3. PS 2005-09 Gift Basket Liquor License—There is a discrepancy between the two forms of the ordinance. One says ale, and the other says champaign. Also,there is a definition of a gift basket in the ordinance. The annual fee for the license will be $250 rather than$1000. This will comeback to COW. 4. PS 2006-08 Cul-de-Sac Opt-out Petition for North Dover Court—This will go back to Public Safety. Page 4 of 4 Administration Committee: No Report. Additional Business Alderwoman Burd would like to bring the job description for the Administrative Assistant back to the next COW for discussion as well as the Assistant to the City Council's job description. Alderwoman Spears pointed out that on the memos where the departments mark if they have reviewed an item,the Community Development Director should be added, and she would like the departments to make sure they mark the form after an item has been reviewed. Alderwoman Spears also mentioned that the street sign at McHugh and Countryside Parkway was missing. Alderwoman Burd would like the sign ordinance to go back to EDC. Treasurer Bill Powell passed around a document from the bank for all the Aldermen to sign and to use their stamp on if they had one. Executive Session: 1. For Litigation,when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. 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 it's validity. Alderman Bock made a motion to go into Executive session for these reasons including the City Attorney, John Wyeth, the Minute Taker,Laura Leppert, the City Administrator John Crois, and Attorney Charles Hervas. Alderman Besco seconded the motion. All moved to pass with a roll call vote. All were in favor. The motion carried at 9:40 pm. The meeting was reconvened and was immediately adjourned at 10:20 pm. Minutes submitted by Laura Leppert. Page 1 of 6 COMMITTEE OF THE WHOLE DRAFT Tuesday,April 4,2006 7:00 P.M City Conference Room Present Mayor Art Prochaska Kelly Sedgwick Alderman Joe Besco Heather Gillers,Beacon News Alderman Jason Leslie Gary Bennett Alderman Dean Wolfer Betty Bennett Alderman Jim Bock Bev Hernandez Alderwoman Valerie Burd Rich Johnson, Teri Ln. Alderwoman Rose Spears Judy Johnson, Teri Ln. Alderman Marty Munns Mark Perry,Teri Ln. City Administrator John Crois Roger Murphy, Teri Ln. City Attorney John Wyeth Jan Murphy, Teri Ln. Travis Miller Shelley Butler, Teri Ln. Bart Olson Curtis Butler, Teri Ln. Police Chief Harold Martin Amanda Butler,Teri Ln. Carol Pickett, Teri Ln. Dan Pickerl, Teri Ln. Mary Unterbrunner Tammy Barry Pat Hughes,Ocean Atlantic Joe Barry Ryan Walter Greg Stevens,Lannert Group David Paragrew. Ocean Atlantic The meeting was called to order at 7:05 pm by Mayor Art Prochaska. Mayor Prochaska announced that there will be a Town Meeting on the Parking Ban Ordinance Issue on April 20,2006 at 7:00 pm. 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: 1. PS 2006-09 Police Reports for February 2006 2. EDC 2006-07 Building Permit Report for January 2006 3. EDC 2006-08 Building Permit Report for February 2006 The Consent Agenda items will move on to City Council on Consent Agenda. Page 2 of 6 Mayor: 1. Old Post Office—The old Post Office will be an Annex to the City Hall. It will provide more offices. The Recreation Department may possibly move into this space,which would avoid the City paying rent for their space. The Old Post Office is set up for service which would be good for the Recreation Department. Bill Dettmer will perform a comprehensive check of the building and will determine what will need to be updated. The whole building department can not relocate because permitting needs to stay at City Hall. The software they use is at City Hall and there could be a significant cost to connect with City Hall if they were to move. The inspection department can move into another location though. The Post Office will not be re-locating until May or June. 2. Metro West Update—This group includes Mayors and City Managers from all of Kendall County,Eastern Kane County,and into DeKalb County. As this group goes forward with it's strategic plan, they are looking at coming up with ideas, thoughts, and projects that will strengthen the municipalities in this area as well as their goals and ideals. There are 3 basic issues they are working on, looking at, and monitoring. One is the Eminent Domain Legislation. They want to make sure it is not overly burdensome for the taxing bodies. They are watching that the language is set up so it can be realistically enforced. There is a Senate Bill currently pending to move this forward. Alderman Spears asked if this would affect the ordinance she prepared and was passed. Mayor Prochaska said this was for a community that wanted to keep Eminent Domain. Originally it was for all types of Eminent Domain, such as Life Safety,but some of the language is being taken out so it works more with the Economic Development side. There is language that promotes the owner getting an attorney. The City would have to pay the legal fees. The land value would be determined at the current date, rather than when the suit was filed. They have also been looking at the Drop Pension Ordinance for Fire and Police Officials. The effects will be looked into before the City of Yorkville takes an official position on the matter. It allows an employee that is close to retirement,to have some of their funds go a separate account so they may receive a lump sum payment when they leave. The last 5 years they are working they would collect their pension based on time of work it could be anywhere from 50%- 75%of their salary into this Drop Fund. Whether or not the employee could participate in this plan would be made by the Pension Board,not by City Council. Project Lightspeed is an upgrade to the AT&T/SBC system so they can allow or provide video and multiple channel service similar to Cable TV. They are saying they do not have to have a franchise agreement with the Cities such as the Cities have with the Cable Companies. Any of these types of improvements should be delayed until a determination is made if it is legal or not to get them into a franchise agreement. Also there has been some lobbying done to have the franchise agreements done at the State or Federal level. The City would then have no say what is paid,what service is rendered in the community, or whether there would be government access channels. This is being monitored. Page 3 of 6 City Attorney 1. Saliu—Amendment to a Consent Decree for Yorkville Market Place—This is the South West corner of Marketplace Dr. and Rt. 34 (in front of the Jewel) and it is to be a new restaurant. This would be an amendment to the Consent Decree which would allow the developer to deviate from the Judge's decree, but there would be no deviation from the City's Setbacks in the Building and Zoning Ordinances. This will move on to City Council on Consent Agenda. Economic Development Committee: 1. PC.2005-65 Fountain Village—Final Plat—This is for the Walgreen's that will be at Rt. 47 and Rt 71. This substantially meets the Preliminary Plat. This will move on to City Council on Consent Agenda. 2. PC 2004-33 Silver Fox—Annexation, Zoning,and Preliminary Plan—This is a development along Fox Road. The many developments that are in this area will be joining together to make the infrastructure improvements with simultaneous funding and easements. The annexation and zoning will not be final until all the developments are ready to annex and zone. Alderwoman Spears would like the developer to fill out a density credit explanation. The developer has, and Travis Miller has reviewed it. Alderwoman Spears questioned the building and zoning issues. The building and zoning issues have also been resolved. This will move on sometime in the future, it is not going to be on the agenda next week. 3. PC 2006-08 Westbury South Village PUD Amendment and Preliminary PUD Plan and 4. PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD Plan—The major amendment is to attach the plan itself,and a reduction in the number of units in the East Village. 68 units were dropped from the original plan. There is a fence issue between where the Golf Course will be and the neighbor's horse track. The location, height,material and maintenance of the fence is still to be negotiated. The adjacent property owner would rather negotiate with the City than the developer. Alderman Besco is willing to sit down with the adjacent landowner for the negotiation. There is also a stand of existing trees on the neighbor's property that may have to be removed if the fence is put in. This will stay on the agenda if the issue is resolved. There is a 33.8 acre Commercial site on the comer of Rt. 47 and Galena Rd. The majority of changes that were made are in the center of the development to accommodate the reconfiguration of the road. The 15 acre School site and 5 '/z acre Park site were maintained with access off Mystic Dr. and East Village Blvd. Though the Golf Course has not yet been designed,there will be 1 hole of the Golf Course along the North side of the Rob Roy Creek. The heavy vegetation border will be maintained. Language will be added into the plan that will allow for the future design of the Golf Course. It was suggested that the adjacent land owner who has the horse track have some input on the final design. There was a question about adding a Frontage Road to keep the traffic off Rt. 47. This will move on to City Council with the additional language. Page 4 of 6 5. COW 2006-04 Zoning Ordinance Text Amendment to Allow"Contractor's Offices"as Permitted Use in M-1 Limited Manufacturing Zoning District,and Allowing"Contractor Facilities that include Outdoor Storage" as a Special Use in the M-1 Limited Manufacturing Zoning District—Presently the M-1 district does not allow contractor's offices that are devoted to the construction of buildings. Staff is recommending the zoning code be amended to allow contractor offices with or without outdoor storage. Wanda Ohare's name needs to be removed, and Jim Bock's name needs to be added. This will Move on to City Council on Consent Agenda. Public Safety Committee: 1. PS 2006-07 Overnight Parking Ordinance—The vote to have a special meeting on this matter will go on to City Council. Park Board: 1. PKBD 2006-03 Truck Purchases—The Illinois State Purchase Program renewal for this type of truck never came. The conventional Bid Process was begun to purchase a one ton dump truck and a utility truck. The Parks has $60,000 budgeted for these and the Public Works department will pick up the rest of the cost. The total for the two trucks with the plows and accessories will be$69,862. The proposals that were received will be submitted before a vote will take place. This will go on to City Council for consideration. 2. PKBD 2006-04 Special Recreation Services—This is a Policy review. Last year there was a boy that participated in a contractual camp. The City paid out of area fees and the resident paid the regular fee. The policy has been amended, and now this scholarship program will not be paying for contractual camps. There was concern about this and a suggestion that the new Policy be reconsidered. The City could allocate funds for this program, such as the funds for the embroidered shirts that were not purchased this year. There is$3,600 in the Park Board budget for grants and scholarships. The policy is that the money will be used for special ed. and regular parks, excluding pre-school programs. There was some discussion about removing the limitations on the contractual camps and the pre-school programs. Also there could be a cut-off date. It was explained that the non- resident fees are exorbitant and the Parks department would like to help as many kids as possible with a limited amount of money. The issue is being resolved by finding an alternate revenue source. The United Way was contacted to fund the programs not being funded by the Park Board, such as Fox Valley Special Rec. Chris Rollins,the Park Board President said the Park Board can not afford sending kids to camps or on trips. A list of requests for assistance and for what kinds of programs was requested, as well as knowing how many were denied. The Parks Department is looking at purchasing a Pre-School Van. The Fox Valley United Way is located in Aurora, IL. The Fox Valley Special Rec. program for Mentally and Physically disabled children will cost$1500 for just one child. The school is sending out a survey to find out the number of disabled children in Yorkville. The United Way will provide a scholarship program this year. The United Way has applied for a$10,000 Grant, and they have been told they will be receiving it. It is just waiting for fonnal Board Approval on April 19d. Pa eg 5 of 6 3. PIKED 2006-05 Scope of Service for Design Services for Prairie Meadows Park —This is for a 2—3 acre park behind the Public Works Maintenance Facility. This will be an OSLAD grant project. Schoppe will help with the grant application and construction. July 1st is the deadline for the grant. The cost is$30,500 for the contract and the additional services. This includes the Plan, Grant Administration, and Construction documents. This will move on to City Council on Consent Agenda. Public Works Committee: No Report. Administration Committee: No Report. Legislative Task Force 1. Task Force Report—The Governing Ordinance was discussed. Under 1. Ethical Standards,E. is not clear, more definition should be added, possibly as per state statute on Ethical Standards. Also L. should read: Shall when representing the city... . Dress in a professional manner was not clear. It was changed to read dress in a manner appropriate to the function. Under 2. Duties and Rights of Aldermen,B. The Mayor and the City Administrator should receive information equally. D.Any one Alderman has the right to place an item on the agenda for discussion. This would include COW and City Council, but not Special Meetings. M. Shall was changed to May. This would include Staff and Official Vacancies. For new hires the Council would only interview the candidates. Under 3. Duties and Rights of the Mayor,F. is to be removed Under I., it is the City Administrator's task to oversee the hiring and firing of the personnel of the City. The wording will be changed to oversee the City Administrator's hiring and firing... J. was changed to say: Shall be responsible to assure the implementation of the policies.... Under 4. The standing committees,there was some discussion about having only 1 City Council meeting. Having only 1 may affect the timeliness of paying the bills. There was an addition suggested that no Alderman would chair the same committee within 4 years time. There was also discussion about the appointment or assignment of liaisons. Usually the Mayor asks for volunteers or input from the Council. There were some other amendments to make, one was cell phone restrictions, another was to use the agenda format that has already been adopted. The meeting dates and times can be added. Language about Special meetings and election of the Mayor Pro Tern should be added. Also the Mayor must recognize other people before they may speak at the meetings. This will come back to COW with the changes on April 18a'. Page 6 of 6 City Council Requests 1. Review of the SSA Policy—Burd, Spears,and Besco—Under Annexation Agreements, no Annexation Agreement would give entitlement to a special tax. It should say in the Annexation Agreement that the owner may apply for a Special Tax. Under Notice and Comment from Taxing Bodies,the City Council would like written communication that what is being provided is agreed upon. This input would show the Council that everything is in place. Additional Business Alderman Besco wanted to say that Dr.Wood worked with the City exceptionally well on the Governance Ordinance. Alderwoman Spears announced that Sylvia Cruz is resigning from the Human Resource Commission. She has served on this Board sine August 1, 1999 and should be recognized at the City Recognition Dinner. Alderwoman Burd wanted to Thank John Crois for his help on the Governance Ordinance. Alderman Munns wanted to make sure when purchasing new furniture,that it should match the existing furniture. Mayor Prochaska will be on vacation next week and will not be available for the City Council meeting. Alderwoman Burd is the Mayor Pro Tem. The meeting was adjourned at 9:55 pm. Minutes submitted by Laura Leppert. Pa eg 1 of 7 COMMITTEE OF THE WHOLE DRAFT Tuesday,May 2,2006 7:00 P.M. City Conference Room Present Mayor Art Prochaska Jeremy Meek, Schoppe Design Assoc. Alderman Joe Besco Mike Schoppe, S.D.A. Alderman Jason Leslie Jim Snyder,Harlem Irving Companies Alderman Dean Wolfer Richard Filler,Harlem Irving Co. Alderman Jim Bock Brian Duggan,Harlem Irving Alderwoman Valerie Burd Caitlin Bossy,Mid Am.Development Alderwoman Rose Spears Andy Robbins,Mid Am.Development City Administrator John Crois Dawn Fitzgerald,PC 2005-45 City Attorney John Wyeth Todd Fitzgerald,PC 200545 Travis Miller Theresa Juodis,PC 200545 Bart Olson Richard Schroder,PC 2005-45 City Treasurer Bill Powell Maria Schroder, PC 200545 David Mogle Brian Spengler Police Sargent Richard Hart April Morganegg James T.McPhail, Mid America Development David Bossy,Mid America Development Partners Jan Murphy Mary Unterbrunner,resident Carol Pickert, resident Audrey Orton Jennifer Stepicko,resident Kyle A.Price, resident Judith Vant,resident Martha Price, resident Karen Onishi,Yorkville Eye Chuck Brooks,Yorkville Jeff Freeman,EEI Rich Johnson, resident Dan Harper,Kendall Creek Judy Johnson, resident David Schultz, SEC Judith R. Koch,resident Phillip Marshall,resident Otto Koch,resident Eric Danforth, resident Mark Perry,resident Nancy Danforth,resident Roger Murphy,resident Mary Litchoff,resident Mason Oliver, Oswego Becky Murphy, YMCA Lori Staie, resident Robbin Amfelt,resident Joel R. Marmo,resident Pam Stanislaws, resident Dustin Feldman,resident The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Public Hearine None. Page 2 of 7 Presentations: 1. Tower Rental and Wireless Internet Service by PDQ—Michael Anderson proposed renting Water tower space to provide Broadband service and Wireless Internet. Alderwoman Burd asked what kind of wireless system it would be. It will be a mixture of Motorola, Red Line, and YFI equipment. They are proposing to install an IP addressable camera. Alderwoman Burd asked if the City offices would get free Internet. Michael Anderson was told that the City is happy with their current TI line. Anderson has visions of the Police and Ambulance services having camera and voice capabilities in the future with this service. The wireless service would cover approximately 90%of the city. Alderwoman Burd asked about security. Michael Anderson said there were 3 ways to handle security. One was with encryption, another was a VPN(Virtual Private Network), and the last was a Static Public IP Address for each customer which would make"spoofing"an IP Address or a MAC Address very difficult. Alderwoman Burd asked why it would be more beneficial for the City to have PDQ provide this service rather than the City purchasing the equipment. Mayor Prochaska said because this is starting new,the City boundaries are not yet set and the maintenance and upgrading is costly. This way the City's investment is low. Alderwoman Burd's concern was that if the City were to allow this, and if the City was unhappy with the service, that the company would take away the equipment, and there would be an interruption in service for the consumers. Michael Anderson said Municipal provided Broadband has not been working well in other areas. He said PDQ has been providing service to North Aurora since 1998 and Oswego since 1999 or 2000. Alderwoman Burd asked if it would be possible for the City to receive money per account. Michael Anderson said at this point anything is possible. Alderwoman Burd was concerned that a 5 year contract with a minimum of one additional 5 year contract was too long. Michael Anderson said he was asked if a 3 year contract would be acceptable. It has not yet been changed in the contract. Mayor Prochaska said it would also be a non-exclusive lease, so another Internet provider may also provide service in the same location. The rent would be $100 per month for space on each Water Tower. There was a question about how much the equipment costs. It is$15,000- $20,000 per Tower. Alderwoman Burd said she would like to see wireless service for the Library, and City Offices so people - can use their laptops and not have to plug into something. Alderwoman Spears figured if 5,000 households signed up at$25 per month service, over the course of the year it would be$1.5 million. She agreed with Alderwoman Burd that they should provide free Internet for the Library,Parks,Recreation, Public Works,the Old Post Office (which will be an Annex to the City),the Beecher Building, and the School. She would like to see a 1 year trial lease. Alderwoman Spears asked what the costs PDQ were charging in the other Cities. Michael Anderson said it ranged from the$25 service up to a TI line that is$360 per month and there have been no increases since the service began. Alderwoman Spears asked how many employees PDQ has and what the time frame was to get a service tech to arrive at the site to correct a problem. Michael Anderson said there are 8 Full Time employees and 14 Part Time employees and that most problems are corrected over the phone,but when they have to come out it would be within a few hours, or at least the same day. The longest a customer has been without service was 3—4 days. Page 3of7 Alderwoman Spears asked about low income service, and if the Council could establish what it would cost and what would be considered low income status. There was discussion about how many towers and customers PDQ has, and that they can not compete with SBC who provides $12.95 per month service. Alderwoman Spears pointed out that in the proposal everywhere it says"he"or "undersigned"should be replaced with the firm's name. Alderwoman Spears also pointed out the typo in paragraph#8 that it says ...fifteen(10) days...It should be whichever the City preferred. Alderwoman Spears also said in Paragraph#13 the Council would need to know the amount of the Bond Draft. This blank will be filled in before a vote. Mayor Prochaska said the City must be named as additional insured. Mayor Prochaska asked if there was a limit of how many people could log on at the same time. Michael Anderson said 254 people could log on per radio, and there would be 6 radios per tower. Alderwoman Spears asked if the Staff could provide information about the City suppling the equipment and the firm maintaining it. Mayor Prochaska reminded everyone that there is competition, and the main reason for looking at this was because the City would not be putting in a major investment into this service,the City will find out how good the service is, and if the locations are good. Alderwoman Burd suggested the Technology Committee report to the Committee of the Whole with recommendations from Ron Robinson so the other Aldermen are aware of things that are going on. This will come back to the next COW. 2. PC 2006-34 Kendall Marketplace—Concept Plan—Richard Filler, and Jim McPhail were here for the presentation. Mid America Real Estate and Harlem Irving Companies have come together to form Cannonball LLC for the development of Kendall Marketplace at Rt. 34 and Cannonball Tr. They have moved beyond the Concept Phase and are working with some large retailers to incorporate them into the plan. Harlem Irving has been designing shopping centers for the last 50 years beginning with the Harlem Irving Plaza at Harlem and Irving Park Rd. They talked about their past projects and showed slides of other developments they had done and their relationship with Mid America Real Estate. They explained that the landscaping and architectural theme they would use would give the development a small town feel. This development is 193 acres of Residential and Commercial with 143 of the acres being Commercial. There will be a Theater, some major retailers,and some small retail such as an ice cream parlor or a Starbucks. They would have oasis in the parking lots rather than having a sea of asphalt, and design it as more of a town setting. To create a buffer zone between the existing residential and the shopping center they have included a park and a detention pond. There are 172 Townhomes proposed and 45 single family lots. Bill from SEC talked about the streetscape and architecture of the development. He talked about the water features they wanted to include in the project. Alderwoman Spears said that Cannonball Trail is currently a 2 lane road and there is a lot of traffic already. She wondered if they would be making into a 4 lane road. The traffic report shows Cannonball as a 3 lane road,Rt. 34 as 5 lanes, and Beecher Rd. as 4 lanes with a large median. There was some concern about the impact of the property owners on Cannonball Tr. There is a parcel on this property for a future Police Station. The building will have a front facade on all sides. There was some discussion about setbacks and buffers on the out lots. Page 4 of 7 There will be a walkway throughout the development. Target and Home Depot have both sent a letter of intent to the developer. Economic Development Committee: 1. PC 2005-45 PNGK Family Limited Partnership Property Annexation Agreement and Development Agreement (Onishi-McHugh Professional Building)—Dan Kramer was here on behalf of the petitioner. The new building will meet the City setbacks. The parking will be on the South West side of the parcel. There will be a solid wood fence and landscaping on the inside of the fence. It will be an all Masonry Building with a residential feel. They are requesting O zoning and are agreeable to limiting it to professional office uses. The residents do not want any kind of Commercial development near them. The comprehensive plan shows a transitional use in this area. Dan Kramer said this is a low impact use. This will move on to City Council for a Vote. Public Safety Committee: 2. Discussion of Parking Ban Amendment Ordinance—Having a referendum question on the November Election Ballot was suggested. It would be an advisory question that is non-binding. There would be no additional cost for this referendum question. It would allow the voters to decide if there should be a blanket parking ordinance. This came up because of specific problems within the City. If the ordinance was split,the Commercial Vehicle portion of the Ordinance could remain, and enforcement of the residential vehicles could be suspended. The City Attorney said the Ordinance would have to be amended. The portions about passenger vehicles would be removed, and the truck portion would remain. Mayor Prochaska asked if the Council was interested in amending the ordinance, and removing the language about residential vehicles, and allowing parking on the streets until the referendum. Alderman Besco feels that roads are meant to move the traffic. The legal department can give a suggestion for a referendum question. This will be a future Public Safety Agenda item. The question of amending the current ordinance, removing the passenger vehicle parking ban portion and leaving the truck parking ban in place will go on to City Council for a vote. Detail Board Report Bill list): On Page 4 there was a question about the amount paid to the Conservation Foundation. This is the amount the Council voted on and agreed to pay them. On page 17 there was a question about a frame for a historic picture. A citizen donated a picture of the downtown area that was framed and hung in City Hall. On page 22 there was a question under Smith Engineering about a City Travel Demand Forecast. This was the Needs assessment Smith Engineering did for the entire City. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. PS 2006-15 Police Reports for March 2006 2. EDC 2006-10 Building Permit Report for March 2006 The Consent Agenda items will move on to City Council on Consent Agenda. Page 5 of 7 Mayor: 1. Coffee with the Mayor:May 6th at 1st National Bank, 1459 Cannonball Trail from 9:00 am—11:00 am. 2. Dr. Wood's Research Paper Proposal—If the Grant is approved and if the proposal is accepted, Yorkville will be used as part of the subject in this research paper. This will be at no cost to the City. They will use the interviews they did with the Aldermen and various City Officials. There will be a 2nd round of interviews. Any work Bart Olson does on this report will be done after hours. 3. Metro West—Project Lightspeed Update—The discussion on this item will be postponed until after the meeting with the Cable Consortium where an attorney will address the Cable Consortium on this issue. Economic Development Committee: 2. EDC 2006-11 Jefferson Street/Route 47—IDOT Improvement Concept Plans —This would be a joint development with the City and the County. 3 different plans were proposed for a piece of land 600—700 feet long and 90— 100 feet wide along Rt. 47. The road will be getting wider, and there will be 6—7 feet of sidewalk next to the curb. Then there will be a 2 foot berm,and a 2 foot swail. It will be a 3/1 slope. There was discussion about each of the plans. The Mayor and the Aldermen liked Plan C the best. Plan C will provide 53 additional parking spaces and some buildings. Alderwoman Burd suggested combining the Civic Lawn from Plan A into the design for Plan C. She would also like to see a water feature. There was some discussion about handicap accessibility. There could be a public elevator available for use at all times of the day, not just when a business would be open. 3. PC 2006-25 New Life Church—Annexation and Zoning—Patti Bernhard was here to talk about this parcel. It is a 49 acre development with 23 acres being zoned residential for a church and school use, and the other 26 acres would be commercial. This is at the South East corner of Galena and Kennedy Road. There is an 8 acre parcel that the Tillers is interested in for an assisted living facility. They need a 10 acre site though, so the plan may change slightly to accommodate them. There will be a full access off Galena Rd., and also a full access off Kennedy Rd. The access on Mill Rd.will line up with an access in Grande Reserve. There is an access road throughout the development. This will come back to COW with an Annexation Agreement. 4. PC 2006-01 Grande Reserve Unit 14—Preliminary/Final Plat—This is for the Commons of Grande Reserve. It is a 11.48 acre parcel with 11 -4 unit buildings and a large park area. This will move on to City Council for Consideration on Consent Agenda. 5. PC 2006-04 Grande Reserve Unit 15—Preliminary/Final Plat—This is Mill Crossing which is 19.172 acres. There will be 70 units and a large park. This will move on to City Council for Consideration on Consent Agenda. 6. PC 2006-06 Grande Reserve Unit 16—Preliminary/Final Plat—This is 106 acres with a 5.2 acre park. There will be some improvements on Rt. 34. This will move on to City Council for Consideration on Consent Agenda. Page 6 of 7 7. PC 2006-14 Cozy Corner Subdivision (HRM Properties)—Final Plat—This is a consolidation of 3 lots into 1 on the South East comer of Rt. 47 and Rt. 126/ The site plan has been submitted and is under review. This will move on to City Council for approval on Consent Agenda. 8. PC 2005-53 Hudson Lakes—Preliminary Plat—Jim Olguin, Dave Schultz, and Dan Harper were here to discuss this development. There is land for the school that is adjacent to this development to expand the school site. There are connections on all sides of the development with Penman Rd. being a major collector road. There will be no SSA requested,there will be a dormant maintenance SSA. There was a question about what the Historical Street name would be. It will be Richfield. It should be included in the Plat. This will move on to City Council for consideration on Consent Agenda. 9. PC 2006-02 Yorkshire Estates—Final Plat—Andy Fisk was present to discuss this development. There will be 295 single family homes. There is a 10 acre school and park site, but it may all go to the park because the developer has gotten a letter from the school saying they do not want the 4 acres for a school site. Approval would be subject to the engineering issues being worked out, and subject to becoming contiguous to the City. This will move on to City Council on Consent Agenda with the stipulations. 10. PC 2006-21 Villas at the Preserve—Final Plat—This will move on to City Council for a Vote. Park Board: No Report. Public Works Committee: 1. PW 2006-712005 In-Town Drainage Program—Request for Additional Compensation—This was because of delays in the project due to utility relocations, bad weather, and re-designs. The original request was for $8,410. There is now supplemental information that increases the request to $10,000. Joe Wywrot is comfortable approving the $8,410, and would like to wait on the rest until after having a meeting with Smith Engineering. This is to pay the people who did the work,not the engineer. Approving the $8,410 will move on to City Council on Consent Agenda. 2. PW 2006-87 2005 In-Town Drainage Program—Change Order#12—This Change Order was due to an error in the design of the storm sewer outfall. Joe Wywrot recommends the City pay $23,775 of the Change Order, and ask that Smith Engineering fund all or some of the remaining costs totaling$30,995. There is a meeting already scheduled with Smith Engineering. This will go on to City Council on Consent with the notice that if there is no resolution on this, some of the cost may be due back to the City. 3. PW 2006-73 EEI Proposed Hourly Rate Changes—The City work will remain at the same rate, but work for the developers will be at the new rate. This will move on to City Council for approval on Consent Agenda. Page 7 of 7 Public Safety Committee: 1. Special Recognition to Officer Jon Helland—The Public Safety Committee wanted to extend their gratitude to Officer Helland on initiating the Cadet Program. 3. Human Resource Commission—Historical Street Names Procedures—This would be for brown signs that would have the nominee's complete name and be attached to the appropriate street sign. The family or nominee would be presented with a City flag. An Ambassador Committee would be formed for an honor ceremony and photo shoot. The developer would pay for the brown sign. Alderwoman Spears talked about having developers put a City Flag at the entrances of the subdivisions. Eric Dhuse is looking into the pricing for the signs. This will be off the Agenda until there is something to bring forward for a vote. The Aldermen were in consensus for telling the Human Resource Commission to move forward with this. Administration Committee: 1. ADM 2006-31 Staff Salary Survey—This will be postponed until the May 16 cow. Leeislative Task Force 1. Task Force Report—This will be postponed until the next COW. Additional Business Alderwoman Burd received a letter in the mail from a Realtor about selling her home, and woven throughout the letter was a scare tactic that she should sell her home because the City could use Eminent Domain and take it from her. She would like to get the word out to the residents that the City does not plan to use Eminent Domain for Economic Development. Alderwoman Spears wanted to remind the Aldermen to use their stamps on the signature card for the bank. Alderman Wolfer asked about the review of tapes, and wanted to know when Executive Session became public. Executive Session only becomes public when the Council votes to release the minutes. There is a group that goes through and determines what can be released about every 6 months, but some executive sessions may be held indefinitely. Mayor Prochaska said Glory Spies is planning a Community Volunteer Appreciation Day on May 13th from 12—2 pm at the Riverfront park. At the next meeting Mayor Prochaska will have commission and committee recommendations for appointments for Human Resource Commission,and the Park Board. He is still looking for an Architect to be part of the Facade Committee. Alderman Leslie wanted to know if there was some kind of formal identification for the Aldermen. There are ID cards every Alderman was supposed to receive. John Crois will look into what happened to them. The pictures for them were already taken. Mayor Prochaska announced that Debbie Walker had passed away. Her wake is scheduled for tomorrow from 2—9 pm. The meeting was adjourned at 10:45 pm. Minutes submitted by Laura Leppert. Page 1 of 6 COMMTTTEE OF THE WHOLE DRAFT Tuesday,June 6,2006 7:00 P.M. City Conference Room Present Mayor Art Prochaska Dan Kramer, attorney Alderman Joe Besco David Schultz, SEC Alderman Jason Leslie Dan Harper, Hudson Lakes Alderman Dean Wolfer Rich Guerard,Wyndham Deerpoint Alderman Jim Bock Matt Cudney,Pulte Homes Alderwoman Valerie Burd David Knott,Hudson Lakes Alderwoman Rose Spears James Olguin, Hudson Lakes Alderman Paul James Kathy Farren,Record Alderman Marty Munns(arrived at 7:45 pm) City Administrator John Crois Vince Dosanova,DBCW City Attorney John Wyeth Heather Gillers,Beacon Police chief Harold Martin George Fisher, Fisher Comm. Constr. Travis Miller Michael Harter, EMO Architects, Inc. David Mogle The meeting was called to order at 7:08 pm by Mayor Art Prochaska. Mayor Prochaska announced that the special meeting scheduled for tonight was canceled. Public Hearing None. Presentations: None. Detail Board Report(Bill list): On Page 9 and Page 33 there is a bill for Charles H Schrader&Assoc. for the 2nd quarter Grant Writer fee. Are these duplicate bills? This will be verified. On Page 21 there was a question about the charge from JULIE and whether the City will be reimbursed for it. That would depend if the City called or if a Contractor called. This will be looked into. On Page 28 there were charges for 5 replacement and 1 new phone. The new phone was for Community Relations. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. PS 2006-20 Police Reports for April 2006 2. PS 2006-24 Purchase of New Squads 3. EDC 2006-13 Building Permit Report for April 2006 The Consent Agenda items will move on to City Council on Consent Agenda. Page 2 of 6 Mayor: 1. Downtown Tag Increment Financing Redevelopment Project and Plan—This item is not ready for discussion yet. Economic Development Committee: 1. PC 2006-13 Autumn Creek Unit 2—Final Plat—There are park and school sites included in the plan. They received unanimous recommendations from the Plan Commission and EDC. The Parks Department has been told they can harvest whatever stock is left from the nursery to use in other areas free of charge. This will move on to City Council on Consent Agenda. 2. PC 2006-31 Tuscany Plaza—Special Use and Variances—This development is on the comer of Hydraulic and Bridge St. It will be a 3 story building with retail on the first floor and residential on the 2nd and 3rd floors. There will be underground parking for the residents and tenants. The building would be consistent with the architectural style in the area. They are requesting changing the setbacks to O feet and lot coverage to 90%. They are also asking to reduce the minimum parking lot isle from 24 feet to 22 feet, 4 inches, and the minimum parking spaces from 44 to 29. 2 handicapped spaces are included in the parking lot. There are 20 units so each residence would get at least 1 parking space. There are parking lots nearby North West of Hydraulic and West of 47 and there is also one North of the Kendall Pub. These lots are more than 50%vacant during any time of the day. The recommendation were to approve the variance requests. This is compliant with the Yorkville Downtown Vision Plan. Alderman Wolfer asked if this development would be eligible for the TIF district. There is a potential timing issue, if they do not begin work before the district is in place,they may be eligible. There was a question about how far down they could go before they hit bedrock. The soil boring they have done 23 feet into the ground shows limestone, but no bedrock. There was a suggestion of adding an outdoor terrace on top of the building. There was a question about the street scape. Trees and plantings will be between the retail doors. They will come back to COW with a development agreement. 3. PC 2005-60 Bailey Meadows—Revised Preliminary Plan—Roger Brown was here to explain the revisions. This is a Commercial property at Rt. 47 and Baseline Rd. The changes that were made were at the request of the City. The access was moved further South which reduced their compensatory storage to 1:1. The Council does have the authority to allow this. 2 retail spaces were added and the trail was moved. There will be a 30 foot landscape buffer. The Plan Commission recommended approval. This will go on to City Council on Consent Agenda. 4. PC 2005-53 Hudson Lakes—Annexation and Zoning—Jim Olguin said this does substantially conform to the Preliminary Plat. There are 10 acres for a school site that match up to the school site in Raintree Village. They received a favorable recommendation from the Plan Commission. Prestwick of Yorkville will be providing left and right turn lanes at Penman Rd and 126. Hudson Lakes will contribute a signal at this intersection. At Final Plat 110%of the Engineer's cost of the signal will be deposited with the City. The City will talk with the State about not waiting until full build out to install the light at this intersection. Page 3 of 6 There was some discussion about widening the intersection of Rt.71 and Rt. 126. IDOT will have to be contacted to discuss this. There is a grade increase in the detention basins. Dave Schultz explained that the slope increase was because of the buffering. There is no SSA being requested, there will be a backup maintenance SSA in place. This will move on to City Council on Consent Agenda. 5. PC 2005-33 Chally Farm—Preliminary Plan—This received a unanimous recommendation from Plan Commission. There was some changes after the developer found out there was a natural drainage area, and the natural will be maintained. There is a trail system throughout the area. They are not requesting any variances. This will move on to City Council on Consent Agenda. 6. PC 2006-17 Grande Reserve Unit 18—Final Plat—This is an 8.8 acre parcel that will have 17 four unit traditional town homes for a total of 62 units. 7. PC 2006-18 Grande Reserve Unit 19—Final Plat—This is a 6.14 acre detention basin. 8. PC 2006-19 Grande Reserve Unit 20—Final Plat—This is for Neighborhood 2 in Grande Reserve. It is 22.35 acres with detention. There are 31 single family attached buildings for 62 total units. Plan Commission favorably recommended all 3 of the Grande Reserve parcels. All 3 will move on to City Council subject to staff comments on Consent Agenda. 9. PC 2005-52 Kleinwachter—Special Use—This is near the USDA office on Rt. 47. Plan Commission gave a unanimous positive recommendation for this Special Use. There will be a Special Use Public Hearing next Tuesday. This will come back to a future agenda after the Public Hearing. 10. PC 2006-20 Pulte Homes—Westhaven—Amendment to Annexation and PUD Agreement—This is to be removed from the Agenda. 11. PC 2006-25 New Life Church—Annexation and Zoning—There will be RI zoning for the Northern portion for a Church and school use, and a B3 zoning for the Southern portion that will be a mix of commercial uses. They have stricken 23 uses from the allowable uses in a B3 development. Plan Commission gave a unanimously favorable recommendation. There should be a clause in the agreement that if homes would be developed the fee structure for a single family development would be followed. This will go on to City Council for a vote. Park Board: 1. PKBD 2006-04 Passenger Van Purchase through State Purchase Program— This vehicle would transport program participants on field trips as well as staff use. It is budgeted for the 06/07 fiscal year. The payment would not have to be made until delivery in mid July. This will go on to City Council on Consent Agenda. 2. PKBD 2006-05 Prairie Meadows Park—OSLAD Grant—The OSLAD Grant is a matching grant for a maximum amount of$400,000. The budget for this park is $442,000 and half will be reimbursed. There is a 3 acre park area on the back side of the 7 acre parcel where the new Parks and Public Works Building will be. There will be a 2—5 year old playground,a 5 — 12 year old playground. The theme for this park is the Fire Department. There will be an interactive water feature of a fountain that mimics a water tower. The surface under the water feature will be a brush concrete so it is a non-skid surface. There will be a bronze fireman in the entrance area and replicas of hose drying equipment. Page 4 of 6 There will be an interactive panel that will focus on fire safety. There is a recreational ball field that will be used for younger children playing T-Ball. The land can be used as the match for the grant as long as it is dedicated to be a city park and the city does not hold title to it. The grant is due by July 1 sc and the parks department will find out if they received the grant by December or January. A motion to authorize the grant application will move on to City Council on Consent Agenda. Legislative Task Force 1. Draft Governing Ordinance—There is a"red" line version in the packet as well as a clean copy. It made sense to re-order the Ordinance for readability. There are provisions in this document that are duplicated from other sources. They are restated or paraphrased in this document and it should be sited that they come from another source. There was discussion about the time limits not being for Committee of the Whole so there is still an ability for free flowing discussion. Under the meeting standards for the Mayor, it is unclear on the number of times a person may speak. All Alderman should have equal amounts of time to speak. Alderwoman Burd said this ordinance was meant to streamline the meetings and resolve some of the conflicts that had arisen. It also defines the relationship between the staff and Aldermen. Alderwoman Burd thought the ban on cell phone usage during meeting should be moved from Ethical Standards to Meeting Standards. Under Duties and rights of the Aldermen, a new A should be:to enforce the laws of the city, and a new B should be: to be provided with clear and unbiased information. The former A and B should be pushed back to C and D. There was discussion about Aldermen putting an item on an Agenda. Documentation or at least a synopsis for the item to be added to an Agenda should be in to the City by the Friday before the meeting. The Aldermen wanted the sponsor's name on the Agenda item. There was discussion about whether or not the item could come up for a vote the first time it was on an Agenda. Under Ethical Standards,L. should start with Shall. Under Meeting Standards it should say applicable to City Council meetings. D. should be made clear that one Alderman may request the Council to recognize a person to speak. Under Meeting Standards,the sub-heading of Aldermen E. should be a super majority vote. There should be an addition under Standing Committees that no Alderman will hold the chair of any 1 committee more than 1 time in 4 years. There was discussion about the assignment of liaisons. Typically this has been done on a volunteer basis. They do not necessarily have to go to every meeting that Board has,the liaison is the"point person"for that board. There will be one more re-write. This will come back to COW on June 20`s. Page 5 of 6 Public Works Committee: 1. PW 2006-114 Grande Reserve—Kennedy Road Improvements—This is a bill from NiCor to relocate a gas main from Freedom Dr. out along Kennedy Rd. The cost would be paid with fees for the road improvement. NiCor will not schedule any of the work until the bill is paid. Alderman Besco asked if this should have been funded by the developer. The developer has front funded the money for the roads. In the future developers should be locate any easements not in the Right of Way. This will move on to City Council on Consent Agenda. Public Safety Committee: 1. PS 2006-21 Trailer Ordinance—The Aldermen would like to add that if a truck had to detach from the trailer anytime during the day they should apply safety plackets or cones on or around the vehicle and put chucks on the wheels. The trailer would have to be moved off the street before the end of the day. This will go on to City Council with the new language on Consent Agenda. 2. PS 2006-26 Police Department 2005 Year End Analysis—This is a FYI. There is no further action necessary. Administration Committee: 1. Corlands—There is some land being held for the City in Grande Reserve by Corlands so the City may use it for things such as the OSLAD Grant. There is a tax advantage for a developer to donate to a 501 C organization, so they may be willing to donate more than is required. The 3 year contract is due to expire soon. There is a provision for 2 one year renewals. The renewal would be on July 11th. The other option would be to set up a foundation to hold the land,but there is not enough time to do that before the expiration of the contract. The paperwork will be drawn up by the next COW and a foundation will be looked into for the future. Additional Business Alderman Besco said that since the Parking Ban has been repealed there have been problems moving traffic in the City. He wondered if there could be designated parking areas. If there was a parking ban on major and minor collector roads,that would help move the traffic. A list of these roads will be made and brought to Public Safety. Alderman Munns wanted to make everyone aware that a warrant study had been done at the intersection of Sycamore and Rt. 34,and a traffic signal is warranted. The warrant study has been submitted to IDOT. The engineering should begin and the City should look into finding the money for this signal during the mid-year budget review. Alderwoman Spears asked about an internship program with an engineering school. An intern would not be able to perform the functions for the position in question,but there will be a new intern coming over the summer to help with accounts payable and billing. Page 6 of 6 Diane Votava is a resident who was here because of the special meeting that was going to take place,but was canceled. She was concerned about opening a road through Fox Hill subdivision into a new subdivision. Fox Hill is a subdivision with no sidewalks. Kids ride their bikes in the street and people walk in the street. Out of the 82 homes in Fox Hill, 52 of them signed her petition not to open the road to through traffic. Joan Bernhjelm is a resident who said Poplar Rd. has been getting a lot of turnaround traffic because there is another Poplar Rd. in River's Edge and the roads are not clearly marked East and West or North and South. Jill Schenk said her mailbox has been ripped off four times since she has lived there because of the curve on the road. There are water issues in the neighborhood and when they hit the water the cars hydroplane right into her yard. This has happened five times since she has lived here. Her concern is that if the road were to open to through traffic,this would happen a lot more. The residents would be happy to have an emergency access with a gate. Mayor Prochaska said they will have more opportunity to speak next week. Mayor Prochaska said he had been notified about the property in question North of Rt. 30, and the courts agree with Sugar Grove. Mayor Prochaska said there is a local developer who has to remove trees from his property and would like to relocate them to the parkway in Countryside. Everyone was agreeable to this as long as it would be at the developer's cost. The meeting was adjourned at 10:07 pm. Minutes submitted by Laura Leppert. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL RAFT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,MAY 30,2006. As Mayor Prochaska was detained,Mayor Pro Temp Burd called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present(arrived at 7:15) Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present City Clerk Milschewski,Interim City Administrator Crois,Police Chief Martin, Director of Public Works Dhuse,Director of Park&Recreation Mogel and Community Development Director Miller. QUORUM A quomm was established. INTRODUCTION OF GUESTS Mayor Pro Temp Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Interim City Administrator Crois reported that the following items will be postponed: Item#1 -Meadow Brook—Harris Woods(PC 2005-19) Item#2-Matlock Property Item 94-Silver Fox(PC 2004-33) Item 95-Evergreen Farms(PC 2005.34) Item 46-Aspen Ridge(PC 2005-03) Item 47-Chally Farm(PC 2005-33) Item#8-Yorkwood Estates(PC 2005-32) A motion was made by Alderman Wolfer to postpone Items 1,2,4,5,6,7,&8;seconded by Alderman Besco. There was discussion as to what meeting these items should be postpone to. While this was under discussion,Attorney Wyeth telephoned in and asked that the items be postponed until a Special City Council meeting on June 6,2006. Alderman Brace withdrew his second;Alderman Wolfer withdrew the motion. A motion was made by Alderman Wolfer to postpone Items 1,2,4,5,6,7,&8 until June 6, 2006;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Besco-aye,Wolfer-aye,Mums-aye,Burd-aye,Spears-aye PUBLIC HEARINGS Woodlands,Ina&Meadowbrook Homes,Inc. Mayor Pro Tem Burd entertained a motion to go into public!tearing for the purpose of discussing Woodlands,Inc.&Meadowbrook Homes,Inc.,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville containing R-2 One-Family Residence District. The real property consists of approximately 161.5 acres one-quarter mile west of the intersection of Route 71 and Route 47,on the north side of Route 71,in Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Wolfer-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Minutes of the Recular Meetine of the City Council—May 30,2006—nape 2 Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Pro Turn Boyd entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Wolfer-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye CITIZEN COMMENTS None. COMMITTEE REPORTS ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-42 CorLands—Annexation (Portion of Hoover Boy Scout Camp) A motion was made by Alderman Mums to approve an ordinance annexing property commonly referred to as Parcel C of the former Hoover Boy Scout Camp,as presented,and authorize the Mayor and City Clerk to execute all necessary documents in furtherance of the annexation, subject to final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,Munns-aye Ordinance 2006-43 Yorkville-Bristol Sanitary District-Annexing (PC 2005-29) A motion was made by Alderman Morris to approve an ordinance annexing the Sanitary District property on River Road,west of Blackberry Creek,as presented,and authorize the Mayor and City Clerk to execute all necessary documents in furtherance of the annexation,subject to final legal review;seconded by Alderman Besco. Alderman Spears asked if there was any discussion at the Economic Development Committee meeting regarding this item. Director Miller explained that this is a"clean-up"item. There was a public hearing regarding the annexation about a year ago however it never came before the City Council for a vote. The YBSD would like to construct a fence and would like to obtain United City of Yorkville approval rather than Kendall County approval. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye Ordinance 2006-44 Yorkville-Bristol Sanitary District-Rezoning (PC 2005-29) A motion was made by Alderman Marna to approve an ordinance rezoning from RI to A 1 Special Use the Sanitary District property on River Road,west of Blackberry Creek,as presented, and authorize the Mayor and City Clerk to execute all necessary documents in furtherance of the annexation,subject to final legal review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye Burd-aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Pro Temp Burd entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:20 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M. VITOSH, C . S . R. , on May 30 , 2006 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville, Illinois. D-794406 reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 - Fax 630-983-6013 www.depocourt.com 2 1 P R E S E N T : 2 MS . VALERIE BURD, Acting Chairwoman ; 3 MR . DEAN WOLFER, Alderman; 4 MR. MARTY MUNNS, Alderman; 5 MR . JAMES BOCK, Alderman; 6 MR . JOSEPH BESCO, Alderman; 7 MS . ROSE ANN SPEARS, Alderwoman; 8 MR. JOHN CROIS , City Administrator; 9 MS . JACQUELYN MILSCHEWSKI, City Clerk. 10 11 - - - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630) 983-0030 3 1 (Pledge of Allegiance ) 2 CHAIRWOMAN BURD : We have a public 3 hearing this evening . Is somebody here from -- 4 Can we have a motion to go to public hearing, 5 please? 6 MR. BESCO : So moved . 7 MS . SPEARS : Second . g MS . BURD : Roll call? 9 MS . MILSCHEWSKI : Besco . 10 MR . BESCO : Aye . 11 MS . MILSCHEWSKI : Wolfer . 12 MR. WOLFER: Aye . 13 MS . MILSCHEWSKI : Munns . 14 MR. MUNNS : Aye . 15 MS . MILSCHEWSKI : Burd . 16 MS . BURD : Aye . 17 MS . MILSCHEWSKI : Spears . 18 MS . SPEARS : Aye . 19 MS . MILSCHEWSKI : Bock . 20 MR . BOCK: Aye . 21 WHEREUPON : 22 DANIEL J. KRAMER, 23 testified before the Yorkville City Council as 24 follows : Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR. KRAMER: Good evening . For the 2 record, my name is Daniel J. Kramer . I am an 3 attorney licensed to practice law in the State of 4 Illinois . My address is 1107A South Bridge 5 Street , Yorkville, Illinois , and I ' m here tonight 6 on behalf of Woodlands , Inc . and Meadowbrook 7 Homes , Inc . 8 They are the owners and 9 developers of a parcel of 161 . 5 acres that, if 10 you were driving southwesterly on Route 71 , right 11 across from Harris Forest Preserve you would see 12 a house that sits right about where this future 13 street is that has a horse corral around it , 14 usually some horses and horse trailers , and right 15 at the eastern edge of the corral, if look to 16 your right when you are driving to the southwest , 17 you will see just this narrow portion of land 18 that goes back into a cornfield, and that ' s all 19 my clients own that touch 71 . It ' s literally a 20 brief little 30 or 40 feet area to get back here . 21 They also touch the existing 22 city boundaries all along Sunflower and north 23 here along Greenbrier, and the extension of 24 Greenbrier Road on this heavy black east to west Depo Court Reporting Service ( 630 ) 983-0030 5 1 line would again provide contiguity and the 2 immediate access to the property . 3 Basically we are here for 4 public hearing tonight on a draft of the 5 annexation agreement that we have been working 6 with staff on that we are going to keep working 7 between now and next week. It ' s part of that 8 group of six sequentially that would get the 9 other properties further out served by sanitary 10 sewer and water . 11 We are right adjacent to those 12 utilities now, so, again, we are going to be 13 asking the city to annex the property, to zone it 14 R-2 for single-family residential district . 15 And this is a very preliminary 16 concept plan, it ' s certainty not up to 17 preliminary plat standards , but this is what we 18 showed the Plan Commission about a week and a 19 half ago . 20 The major points that we tried 21 to follow in the Comprehensive Plan is , again, 22 the extension of Greenbrier Road is a major 23 collector for the city, and also that north/south 24 heavy black line is another major collector that Depo Court Reporting Service ( 630 ) 983-0030 6 1 ultimately would be the extension of Beecher, if 2 you go across the river and going north . So we 3 have met the Comprehensive Plan in those two 4 regards . 5 Another element that the Staff 6 asked Aladdin ' s family to observe was to make 7 those collectors no load; in other words, there 8 would be no driveways coming out with those, so 9 it ' s the idea of moving people through . We see 10 Greenbrier as part of this overall six 11 improvement being signalized at 47 . 12 I think anybody who lives there 13 now on Sunset would tell you they would hug you 14 as a City Council if you put a stoplight there . 15 71 , again, we are providing for 16 the ultimate flow of our street , but we don ' t own 17 the property and we have no intention of 18 hastening the demise of the horse farm there , 19 they ' ll be there as long as they want to be, but 20 we will do a temporary access in here so that we 21 will have at least two means of ingress and 22 egress . 23 Ultimately if Williamsport was 24 developed with George Christy ' s property, we ' d Depo Court Reporting Service ( 630) 983-0030 1 have another one here , as the properties to the 2 west develop , another one here , and we would 3 ultimately tie into Fox Lawn, although, again, we 4 don ' t want to encourage it as a major 5 thoroughfare because those are streets which 6 weren ' t built for a collector status . 7 So tonight we are here to 8 answer any questions you have as a council about 9 annexation generally, if we ' re not in the 10 basement , and any questions the audience might 11 have . 12 MS . BURD: Okay. Are there any 13 questions from anyone in the audience? 14 Questions? 15 (No Response) 16 MS . BURD : Anybody on the City 17 Council have any questions? 18 MR. BESCO: We saw this at EDC last 19 week and were pretty satisfied with the plans . 20 MR. KRAMER: Thank you . We ' d be 21 happy to have the public hearing closed if you 22 would be so kind. 23 MS . BURD : Okay. Somebody move to 24 close the public hearing? Depo Court Reporting Service ( 630 ) 983-0030 8 1 MR . BESCO: So moved. 2 MS . SPEARS : Second . 3 MS . BURD : Roll call, please? 4 MS . MILSCHEWSKI : Basco . 5 MR. BESCO : Aye . 6 MS . MILSCHEWSKI : Wolfer . 7 MR. WOLFER: Aye . 8 MS . MILSCHEWSKI : Munns . 9 MR. MUNNS : Aye . 10 MS . MILSCHEWSKI : Burd. 11 MS . BURD: Aye . 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MS . MILSCHEWSKI : Bock. 15 MR. BOCK: Aye . 16 MR . KRAMER : Thank you very much, 17 ladies and gentlemen . You run an efficient 18 meeting, Alderman Burd . 19 (Which were all the 20 proceedings had in 21 the public hearing . ) 22 ---000--- 23 _- 24 Depo Court Reporting Service ( 630) 983-0030 9 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my h.an'd-)this _—/ J_ day of 16 \� li�!---------- 2006 . 17 J 18 20 F7 ISTINE M. VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 10 May 30 , 2006 084-002883 9:24 basement 7:10 cornfield 4:18 follow 5:21 1107A 4:4 Basically 5:3 corral 4:13, 4:15 follows 3:24 161.5 4:9 Beecher 6:1 correct 9:13 foregoing 9:11 , 9:12 2006. 9:18 behalf 4:6 Council 1:1, 3:23, Forest 4:11 30 4:20 BESCO 2:6, 3:6, 3:9, 6:14, 7:8, 7:17 Fox 7:3 40 4:20 3:10, 7:18, 8:1, 8:4, COUNTY 9:3 future 4:12 47 6:11 8:5 CROIS 2:8 7 4:10, 6:15 black 4:24, 5:24 CSR 9:24 714:19 BOCK 2:5, 3:19, < G > 7:00 1:9, 1:9 3:20, 8:14, 8:15 Game 1:9 800 1:9 boundaries 4:22 < D > generally 7:9 Bridge 4:4 D-794406 1:20 gentlemen 8:17 brief 4:20 Daniel 3:22, 4:2 George 6:24 < A> built 7:6 day 9:17 Greenbrier 4:23, above-entitled 1:7 Burd 2:2, 3:2, 3:8, DEAN 2:3 4:24, 5:22, 6:10 access 5:2, 6:20 3:15, 3:16, 7:12, demise 6:18 group 5:8 acres 4:9 7:16, 7:23, 8:3, 8:10, develop 7:2 across 4:11, 6:2 8:11, 8:18 developed 6:24 Acting 2:2 business 9:8 developers 4:9 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7:10, 7:13 7:6 5:22, 6:1 idea 6:9 Aye 3:10, 3:12, 3:14, collectors 6:7 Illinois 1:2, 1:10, 3:16, 3:18, 3:20, 8:5, coming 6:8 4:4, 4:5, 9:1, 9:9 8:7, 8:9, 8:11, 8:13, Commission 5:18 < F > immediate 5:2 8:15 Comprehensive family 6:6 improvement 6:11 5:21, 6:3 Farm 1:9, 6:18 Inc. 4:6, 4:7 concept 5:16 feet 4:20 ingress 6:21 < B > contains 9:14 first 9:6 intention 6:17 back 4:18, 4:20 contiguity 5:1 flow 6:16 Depo Court Reporting Service tFZni QR ,t-nn ';n Yorkville City Council 11 May 30 , 2006 3:17, 3:19, 8:4, 8:6, points 5:20 sequentially 5:8 < J > 8:8, 8:10, 8:12, 8:14 portion 4:17 served 5:9 J. 3:22, 4:2 motion 3:4 practice 4:3 set 9:16 JACQUELYN 2:9 move 7:23 preliminary 5:15, sewer 5:10 JAMES 2:5 moved 3:6, 8:1 5:17 Shorthand 9:8, 9:10, JOHN 2:8 moving 6:9 Preserve 4:11 9:13 JOSEPH 2:6 MS 2:2, 2:7, 2:9, 3:7, pretty 7:19 showed 5:18 3:8, 3:9, 3:11, 3:13, PROCEEDINGS 1:6, signalized 6:11 3:15, 3:16, 3:17, 8:20, 9:11, 9:15 single-family 5:14 < K > 3:18, 3:19, 7:12, properties 5:9, 7:1 sits 4:12 keep 5:6 7:16, 7:23, 8:2, 8:3, property 5:2, 5:13, six 5:8, 6:10 kind 7:22 8:4, 8:6, 8:8, 8:10, 6:17, 6:24 Somebody 3:3, 7:23 KRAMER 3:22, 4:1, 8:11, 8:12, 8:13, 8:14 provide 5:1 South 4:4 4:2, 7:20, 8:16 MUNNS 2:4, 3:13, providing 6:15 southwest 4:16 3:14, 8:8, 8:9 public 3:2, 3:4, 5:4, southwesterly 4:10 7:21, 7:24, 8:21, SPEARS 2:7, 3:7, < L > 9:11, 9:15 3:17, 3:18, 8:2, 8:12, ladies 8:17 < N > put 6:14 8:13 land 4:17 name 4:2 ss 9:2 LASALLE 9:3 narrow 4:17 Staff 5:6, 6:5 last 7:18 next 5:7 < Q > standards 5:17 law 4:3 No. 9:24 Questions 7:8, 7:10, State 4:3, 9:1, 9:8 Lawn 7:3 north 4:22, 6:2 7:13, 7:14, 7:17 status 7:6 least 6:21 north/south 5:23 stoplight 6:14 License 9:24 notes 9:13 Street 4:5, 4:13, 6:16 licensed 4:3 < R > streets 7:5 line 5:1, 5:24 R-2 5:14 Sunflower 4:22 literally 4:19 < 0 > record 4:2 Sunset 6:13 little 4:20 oath 9:7 regards 6:4 sworn 9:7 lives 6:12 observe 6:6 REPORT 1:6 load 6:7 Okay 7:12, 7:23 reported 9:10 long 6:19 one 7:1, 7:2 Reporter 9:8 < T > look 4:15 overall 6:10 residential 5:14 temporary 6:20 own 4:19, 6:16 Response 7:15 testified 3:23 owners 4:8 river 6:2 they'll 6:19 < M > Road 1:9, 4:24, 5:22 thoroughfare 7:5 M. 1:8, 9:6, 9:23 Roll 3:8, 8:3 tie 7:3 major 5:20, 5:22, < P > ROSE 2:7 tonight 4:5, 5:4, 7:7 5:24, 7:4 P.M. 1:9 Route 4:10 touch 4:19, 4:21 MARTY 2:4 parcel 4:9 run 8:17 trailers 4:14 matter 1:7 part 5:7, 6:10 transcript 9:13 Meadowbrook 4:6 people 6:9 tried 5:20 means 6:21 Plan 5:16, 5:18, < S > true 9:12 MEETING 1:1, 1:6, 5:21, 6:3 sanitary 5:9 two 6:3, 6:21 8:18 plans 7:19 satisfied 7:19 met 6:3 plat 5:17 saw 7:18 MILSCHEWSKI 2:9, please 3:5, 8:3 says 9:7 < U > 3:9, 3:11, 3:13, 3:15, Pledge 3:1 Second 3:7, 8:2 ultimate 6:16 Depo Court Reporting Service ( F3(11 983-0030 Yorkville City Council 12 May 30 , 2006 Ultimately 6:1, 6:23, 7:3 UNITED 1:2 utilities 5:12 < V > VALERIE 2:2 VITOSH 1:8, 9:6, 9:23 < W > water 5:10 week 5:7, 5:18, 7:19 west 4:24, 7:2 WHEREOF 9:16 WHEREUPON 3:21 will 4:17, 6:20, 6:21 Williamsport 6:23 WITNESS 9:16 WOLFER2:3, 3:11, 3:12, 8:6, 8:7 Woodlands 4:6 words 6:7 working 5:5, 5:6 <Y> Yorkville 1:2, 1:10, 3:23, 4:5 < Z > zone 5:13 < Dates > may 30, 2006 1:8, 1:8, 1:8 Depo Court Reporting Service h301 983-0030 Page 1 of 10 DRAFT UNITED CITY OF YORKVILLE SPECIAL TOWN MEETING Thursday,April 20,2006 7:00 pm Beecher Center,Yorkville CI'T'Y OFFICIALS IN ATTENDANCE: Mayor Art Prochaska Police Chief Harold Martin Alderman Dean Wolfer Alderman Jim Bock Alderwoman Val Burd Alderman Marty Munns Alderwoman Rose Spears Alderman Joe Besco Interim City Administrator John Crois City Attorney John Wyeth Assistant City Administrator Bart Olson GUESTS: See numerous guest lists for names of attendees. The purpose of this meeting was to discuss the parking ban. Prior to the start of the meeting,the Mayor asked attendees to clearly state their name, address and concerns and for everyone to be respectful of others' opinions. The meeting was called to order at 7:00pm by Mayor Art Prochaska. He said that he would call people to the podium who had expressed a desire to speak publicly regarding the parking ban. The Mayor then introduced Mr. Crois and each of the Aldermen. CITIZEN COMMENTS: 1. Carol Foster,Fox Hill Subdivision Ms. Foster thanked the City Council for item"E"in the parking ordinance that addresses "parking of second division vehicles". She stated that not enough time (6-7 weeks) had been given to enforce the ordinance. She also said she personally worked out her parking situation with neighbors. Also, some of her neighbors had been forced to clean out garages. Her concern was that most City streets are not wide enough to park cars on both sides and still allow emergency vehicles to pass. She asked who would be liable. Mayor's Comments: An informal poll by the Mayor showed 28 people supported the banning of larger vehicles on the streets. He said that emergency vehicles are able to pass through streets where cars on parked on both sides. Page 2 of 10 2. Karen Fisher 3. Bob Fisher Comments could not be understood from tape. 4. Rich Johnson,801 Teri Lane He said the ordinance was good for emergencies/burglary prevention etc.,however,he said this is not Naperville and not Batavia. Though he is not personally affected by the ban, his neighbors are because they own more vehicles. He said the ban creates hardships and there are more important problems than parking. Mayor's Comments: He restated Mr. Johnson's comments and said the residents think the ban does not make sense in the hours given. An informal handcount showed 46 peopled agreed with this thought. Forty-eight people agreed that residents should not have to ask neighbors about parking in their drives and 46 people agreed that taxpayers should be able to park on the streets. 5. Roger Murphy, 803 Teri Lane He had collected 450 signatures opposing the parking ban and that 90% of homes contacted signed the petition. He added that some residents supported the ban, however, he said he had no list for that. The age limit for the signators was 18 and over. Alderman Munns interjected that 27 people had contacted him in support of the ban, while Mr. Murphy said he never seen a list of supporters. Mayor Prochaska said he appreciated Mr. Murphy's data and hard work. 6. Shelley Butler, 601 Teri Lane Ms. Butler read a letter she had written to the Editor of the Kendall County Record She presented various possible situations where the ban would be a hardship such as blacktopping a drive,no curbs on street, residents of apartments and said the police should be catching criminals. She felt the 3-day permit was not enough in the event of overnight guests. Ms. Butler said what is next...telling residents they can't have garage doors open? She also noted the parking ban regulations of neighboring towns. She posed two questions: Why is there only a 3-night permit and why a car parked along the curb creates a hazard. She added that the minutes of a December 13U' City meeting were not yet on the internet. Mayor Prochaska asked for a Safety Committee representative to address the reasons for the ban. Alderwoman Spears said the proposed ban was initially brought forward by former Alderwoman Ohare and it was originally intended for commercial vehicles. When it came to the Public Safety committee last fall,the problem parking area in Fox Hill was discussed and the thought was to address just that area. She said there were problems with the current ordinance and she did not know how the cul-de-sac issue arose. Page 3 of 10 Chief Harold Martin then addressed the attendees. He stated the cul-de-sac issue arose when citizens wished to address that situation. He feels the ordinance should apply to all and that there are positives and negatives. He feels the ordinance is a tool for the Police. Approximately 40%of burglaries occur at night and the ban would assist the Police in this prevention. He stated that the town does not have a serious burglary problem, however, he wants to be prepared as the City grows. Overall, be said the Police Department wishes to work with the residents and any unique situations. An informal vote was then taken by the Mayor to determine how many agreed that extended time(longer than 3 days)was needed in certain situations. The vote showed 54 people agreed. The same number agreed that they did not want to seek permission to be able to park on the street in unique situations. A final survey asked if residents on cul-de-sacs should have a special allowance to park. The vote showed 36 persons were concerned with that. 7. Jeff Cheek, 177 Colonial Parkway Mr. Cheek said he lives in a 4-tenant building with 8 parking spots. When he has guests, they must leave before the parking ban begins. He cannot ask neighbors because they have the same situation. He has no garage and cannot even bring his work vehicle home. He added that if a family with driving-age children wished to buy one of those units,the parking ban might deter them from living there. Mayor's Comments: He said there are marked parking spaces on Colonial Parkway. He asked for a poll as to whether or not special consideration should be given here and 20 responded yes. 8. Mr.Kelly Sedgwick, 400 Blaine St. He said if the Police are getting computers in the squads,they could do a quick check to determine if a car belongs in a given area. He added that not all burglaries occur between 1-6am. He said he was concerned about safety on curb & gutter streets where there might not be adequate room for vehicles to pass with cars parked on both sides and that busses had to alter their routes. He suggested that if there were a total parking ban, the City should consider a sticker for a$5 fee and make it valid for two years. In the case of narrow streets,he suggested a parking ban on one side and keep the fire hydrant side clear. Mayor's Comments: He asked for a show of hands of those who agreed to a sticker and 21 responded favorably. Likewise, 17 people agreed with parking on one side only. Mayor Prochaska said he had previously made that suggestion. Alderwoman Burd said she understood that on a"no curb" street,no parking was allowed. However, cars can park there with all wheels off the roadway. Page 4 of 10 9. Andrea Litzhoff, 705 Teri Lane She said her grandmother recently had passed away. As a result,many family members came to Yorkville and parked on the street overnight. She said residents cannot plan ahead for such events. 10. Joe Barry, 502 Teri Lane Mr. Barry stated that he was totally opposed to the ban. Ten years ago, he said, parking big vehicles was the issue and now all vehicles have been lumped into one category. He asked about exploring the possibility of allowing parking on one side of the street and that the Plan Commission should look at that when planning new subdivisions. New development crowds homes in so tightly that the City Council needs to consider this. Mr. Barry has six cars and would therefore need six permits to park on the street. This will be an issue when college-age kids return home. He added that townhomes have only four parking spots. He concluded by saying that citizens should not have to purchase a permit. Comments from Alderwoman Spears: Ms. Spears said that some citizens will not want all the neighbors parking on their side of the street. She wondered if permits could be moved from vehicle to vehicle. Also,the new Community Development Director is proposing wider driveways in new developments. Comments from Alderwoman Burd: Ms. Burd said she was interested in comments regarding new street widths. In regards to townhomes, she said the City Council is attempting to provide more open space and to define a solution. Comments from the Mayor: The Building Department is looking at code issues that address parking issues. Also, in one situation a home did not have a driveway. He asked for a show of hands for those in favor of individual streets being considered for night parking. That resulted in 46 in favor. 11. Dale Woodworth, no address given He said his street is 32 feet wide. (The remainder of his comments are not discernible). 12. Traci Pleckham, no address given She had written a letter asking for repeal of the ordinance because she said there is no evidence of more crime or safety issues between the hours of the ban. Also, she said, "hardship"is not defined and that residents should be able to decide what is in their garages. She said that allowing parking on cul-de-sacs could cause conflict. 13. Larry King, 900 Spring St. Mr. King said that there were some issues with commercial vehicles, specifically a truck and trailer parked the wrong way on Somonauk Street,however,he said there is no proof that the ban reduces crime. He said that in some new subdivisions there are covenants that allow only two cars in a driveway at a time—how is that handled? Mr. King had spoken with some of his neighbors and they did not know who their aldermen are or have Page 5 of knowledge of the parking ban or other issues. He asked aldermen to vote with their wards, not their own opinions. 14. Mary Unterbrunner,418 Jackson St. Ms.Unterbrunner had researched how the ban originated and found that three citizens of Fox Hill had approached the Public Safety committee in 2005 regarding a commercial vehicle parked on the street. She referred to the minutes of that meeting and other meetings where the issue was discussed. She said her family had tires slashed and their car burglarized while parked in the driveway. Ms. Unterbrunner also commented on the cost and time to implement and address certain areas and also additional signage needed. For an ordinance that affects so many, she said more public input is needed before a decision is made. This ordinance restricts freedom without specific reasons, according to her and she asked that it be repealed except for trucks and problem areas. She commented that she had sent emails in opposition and that she found no phone numbers for her Aldermen. She then posed the question to each alderman as to why they had voted in favor of the ban. Comments from the Aldermen regarding above question: Alderman Besco: He said the majority of callers were in favor of the ordinance and none opposed until this meeting when he received one negative phone call. He stated his phone number is on his business card at City Hall and that his home phone is listed. Alderman Wolfer: He voted yes based on information he had at that time and that no one had spoken against it until it took effect. Alderman Munns: He supported the ordinance in response to trucks in Fox Hill. He said he would change his vote if hardships could be proved,but would not do so if it were merely an inconvenience. Alderwoman Burd: She said she was not on the committee that oversaw the action, however,the Chairman was in favor of it. She also said she had received no negative mail or comments and her ward had originally not been affected like Fox Hill. Alderwoman Spears: She had not voted on this issue. Ms. Spears also thanked the citizens who had taken the informal survey and collected signatures. She stated she votes according to the opinions of her ward. Since the ban was passed, she has had 25 emails all opposed to the ban. Alderman Bock: He stated the ordinance was initiated by his predecessor Ms. Ohare and he has just assumed the position in the last two months and did not vote on the ordinance. Mr. Bock said that the input he had received supported the ban and later he received some negative emails. All the aldermen are willing to listen tonight and he felt the ordinance was well-intentioned. He said the City Council is just trying to look out for the general safety of the residents. He suggested that perhaps there was not enough publicity about the ordinance. 15. Joyce Barrett, Fox Hill She thanked the City for the ban and said that many citizens had received warnings at the beginning, after which, garages were cleaned and cars parked inside. She is now able to Page 6 of 10 have her newspaper delivered in the evening and her neighborhood appears residential once again. 16. Jean McBride,Fox Hill Ms. McBride had attended City meetings where the parking ban was discussed and she said the information was publicized in the newspapers. She felt the City Council was wrongly attacked. Citizens should show respect and be more in touch with the City government. In her neighborhood she has noticed multiple families residing in one house with their garages filled with furniture. The neighbors do not appreciate noise from partygoers and the ban has improved that situation. She would like to see the parking ban remain in effect. 17. William Sikorski, 1901 Candleberry Lane He stated he had no problem with the ban and would like to see the ordinance stay in effect until the election. He would like to hear more feedback. This concluded the speakers who signed up indicating their desire to speak. Mayor Prochaska asked if others wished to speak at this meeting. 18. Jeff Dobbin, Colonial Parkway He asked if a vote could be taken to see how citizens feel about this ordinance. Comments from the Mayor: He asked for an informal show of hands for a referendum regarding the ban and 45 citizens and 2 Aldermen favored this approach. 19. Dick Carlson,Jackson St. He is in favor of the ordinance and added that Plano has such an ordinance also. He said many people buy homes in Yorkville with no thought given to where they would park their cars at night. One of his neighbors parked on the street overnight and his car was hit. 20. Dan Pickert, Teri Lane He said he has been a resident for 17 years. He bought an expensive home on an expensive street and at that time,knew he could park his car on the street. 21. Michelle Graff, 1334 Walsh Ms. Graff had called the Mayor and her Aldermen. Her Aldermen said they had received many positive calls regarding the ban. With the population at 11,000, she felt the Aldermen were voting on the basis of a small number of residents. She also felt that a headline in the Kendall County Record was misleading regarding the parking ban. Ms. Graff felt the City resources were not being used wisely for the enforcement of this ban. She asked that the City Council reconsider the ban and also consider the petitions received. Page 7 of 10 22. Jean Case??,212 Countryside Center She stated her family has six vehicles and even has an enlarged driveway. Her neighbor also has six cars and sometimes there is no choice but to park on the street. 23. Dave Oslid??,510 Hawthorn Ct. He stated he was in favor of the ban at first and that some vehicles were parked 4-6 months at a time. If it was rescinded, he wondered what action could be taken in such situations. 24. Tony Graff, 1334 Walsh Dr. He also requested the repeal of this ordinance. He said 70%of the residents commute and he asked the City to study other communities who had passed the ordinance. Mr. Graff also requested fairness when applying the ordinance and said there are currently many exceptions. Many laws are already on the books and he requested those be enforced first. He also questioned if this is a good use of the 9-1-1 center. And, he added that police officers like clear instructions regarding ordinances. In conclusion, he suggested a referendum to compromise. Comments from Alderwoman Spears: She said she had spoken with the police officers and they indicated they had no problem with this ordinance. Chief Martin had also spoken with his officers. 25. Robin Sterkel,204 W. Countryside Dr. Ms. Sterkel asked how many ordinances are passed in a given year. Mayor Prochaska thought approximately 12 are passed. She asked why the Aldermen had not canvassed the residents and felt a controversial decision had been made without input. Comments from Aldermen: Alderwoman Burd: She stated she did not go out into the community and that the Council must rely on residents to read the paper. If no input is received from citizens, then she is OK with the proposals and must use her judgment. She also received no phone calls opposing the ordinance at that time. Alderman Wolfer: He stated there is not adequate time to poll the residents. Also, residents are welcome to come to Public Safety meetings to express their opinions. Alderman Wolfer also said that the Council members do care about the issues and that residents can contact them by email or phone. Alderman Besco: He agreed it is difficult to canvass everyone because the Council members hold jobs and have businesses. He received 30 calls in support of the ban and only two in opposition. Public meetings are publicized. Mayor Prochaska: The Mayor said he talks with people to ask about specific issues and conducts "Coffees with the Mayor"to hear residents' concerns. He also tries to address individual situations. Page 8 of 10 Alderwoman Spears: She said she and Alderwoman Bard have contacted people in their wards and people from other wards have also contacted them. Aldermen represent the entire City. And she added that the Mayor only votes as a tie-breaker. 26. Bob Provancher, Spring St. He has lived here 15 years and is opposed to the ban. He said a vote should be taken on the ordinance and that 20-30 emails in favor of the ordinance are not a good representation. 27. Karen Fisher, Fox Hill Ms. Fisher supports the ban for semis and if the ban is rescinded for cars, she asked how it would affect semi parking. 28. Carol Foster, Fox Hill She said when she and two others began attending committee meetings, they were concerned about 18 vehicles that parked on the streets for days at a time. This made for poor visibility. She added that anyone can attend the public meetings and she wished more had attended when the discussions were held regarding the parking ban. 29. Lynn Unterbrunner, 418 Jackson Mr. Unterbrunner said that initially citizens wanting a parking ban did not want a ban on cars. 30. Roger Murphy, 803 Teri Lane He stated section A of the ordinance prohibits parking on City streets from 1-6am, except on City streets with no curbs. He said the ban should be repealed except for trucks or there should be a vote taken. He added that each of the persons attending this meeting seem to have a personal issue regarding the ban. Comments from City personnel: Alderwoman Burd said there is an ordinance on the books for streets with no curbs and that there is to be no parking on curbless streets. Alderman Wolfer: Vehicles can park on the grass on curbless streets,however,no tires can be on the street. Mayor Prochaska: He had spoken with the Attorney and there is in fact, an ordinance stating that cars cannot park on curbless streets. 31. Mary Unterbrunner Ms. Unterbrunner said that this issue has affected so many people and that the truck issue should be separate from other vehicles. She said at a meeting last summer 10 people spoke and of those, 8 people opposed the ban. She felt that was a poor representation. Clear reasons are needed for the ban and the ban should be repealed while addressing the truck issue. She also noted 18 ordinances were passed between 12-13-05 and 1-24-06. Page 9of10 32. Joyce Barrett Ms. Barrett said that citizens should attend meetings,learn the process and do homework! All meetings are open to the public and the agendas are published. She said it was counterproductive to express opinions after decisions are made. 33. Jeff Dobbin Residents can't even have guests because of the ban! This concluded the comments from the attendees at 9:40pm. Mayor Prochaska then asked for a show of hands of the 50-60 people attending, for the following three issues: 1. Keep the ordinance as is: (3 people supported) 2. Modify ordinance and remove cars, but address trucks/semis: (32 supported) 3. Repeal all: (12 supported) All Aldermen were then asked to make comments: Alderman Jim Bock: He thanked everyone for coming. He said the three issues gave a good indication of the citizens' opinions,however, the Council could not please everyone. Alderwoman Rose Spears: She thanked the audience for their input. Alderwoman Valerie Burd: Ms. Burd thanked everyone and added that the Council members make many decisions over the years. Some residents may not always be aware of all the issues and the Council members must use their own judgment. She is in favor of putting this on a ballot and that it would be a fair way to make a decision. Alderman Marty Munns: He said he favors the ban and that it would be discussed again at a City Council meeting,but it would be fair to put it on a ballot. Alderman Dean Wolfer: Mr. Wolfer thanked everyone for attending and he applauded their efforts. He said this is how government should work and he would consider putting this matter on a ballot for a vote. Alderman Joe Besco: He thanked everyone for attending and said if people don't speak up,the Council members do not know their wishes. A street is made to move traffic and if something is hindering that flow, it must be addressed. He is OK with a ballot,but he wants the Police to be able to do their job. The community is growing and he wants to make sure everyone is safe. He encouraged the citizens to call the Aldermen. Page 10 of 10 Mayor Art Prochaska: The Mayor thanked all for coming and for their input. He will ask that this issue be put on the next C.O.W agenda to amend this ordinance. The Public Safety committee should also consider the referendum possibility and draft verbage for it. He encouraged the citizens to contact their Alderman with their input. The next C.O.W. is on May 2"d at 7pm and all are welcome to attend. He added that warnings will be given until any action is taken. The town meeting concluded at 9:55pm. Minutes by Marlys Young, Minute Taker for City of Yorkville 2`.<e'D ciT o United City of Yorkville Memo 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Tele p hone: 630-553-4350 0 �� Fax: 630-553-7575 m �® -V) Date: June 27, 2006 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk CC: Department Heads Subject: Additional information for City Council packet—June 27, 2006 Attached please find additional information for City Council Report Item#2 —Governing Ordinance. Please add this information to your packet. United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 CE Date: June 27, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Governing Ordinance Drafts 6.20.06 including Citations and Attachments As promised, here is the previous draft which was included in your 6/27/06 Council Packets. This version is different only in that I have inserted the 1) Citations and 2) Attachments and 3) added the list of liaisons (Section W, F, last page) For you convenient reference, I have highlighted the changes in Yellow. 6.20.06 Draft—CLEAN—with Citations and Attachments Governing Ordinance,United City of Yorkville Addressing. Ethical Standards,Elected Officials Duties and Responsibilities,Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes,has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas,the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore, be it ordained as follows: I. Ethical Standards—Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes,unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official,unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, an elected official shall act and dress in a manor appropriate for the function. M. Elected Officials shall set all cell phones,pages, PDA's or similar devises to silent mode prior to all meetings, and shall not communicate on such devises during any meeting. Elected Officials may excuse themselves from a meeting in order to communicate on such devices. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion,hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3.1-35- 10) B. . Shall represent the City at official functions, and act as a spokesman for the City_. The mayor may designate any person, including alderman, city staff or others, to fill in as a spokesman. D. Shall be a non-voting member of all standing committees. E. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 4"' Tuesday's of each month at 7:00 PM in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2)post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer,employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions,resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order(regarding the order of discussion, and time limits) to provide for an open discussion_ B Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited,minutes cannot be accumulated. D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer,without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or"call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10`h Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR(10'h Edition) page 247, Section 24) F. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time. (65 ILCS 3.1-40-15) H. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. L. May, before voting, participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tern Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair; voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item, shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3.1-40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. B. Shall have their meetings incorporated into the Committee of the Whole meetings of the City Council, and be placed on the COW agenda in the following manner: 1. Public Safety and Administration on the First Tuesday of each month as needed; 2. Economic Development and Public Works on the Third Tuesday of each month as needed; C. Shall be presided over by its chairman,who will conduct the business of the meeting, then adjourn and yield the floor back to the Mayor, who presides over the COW meetings. D. Shall include all members of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. E. Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, be selected according to seniority on the City Council, with the four longest- serving alderman offered, in turn according to seniority, their choice of the chairmanships, and the four minority members,by the same method, offered their choice of vice-chairmanships. At the conclusion of the year, the vice chairmen shall assume the chairmanship of their committees, with the former chairmen moving into vice chairmanship positions on new committees in the following manner: Public Safety to Economic Development; Economic Development to Administration; Administration to Public Works; Public Works to Public Safety. . F. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp., Aurora Area Conv. &Tourism Council , Downtown Re-development Public Safety Human Resource Comm., School District, KenCom Administration Metra, Library, Cable Consortium `,(�D cITY �a T United City of Yorkville ° 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Date Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Date 6:30 p.m., Date City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Date City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Date City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Date City Hall Conference Room Presentations: City Council Meeting Agenda Date Page 2 Public Hearings: Citizen Comments: Consent Agenda: Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— Minutes of Committee of the Whole— Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ (vendors) $ (payroll period ending) $ (total) Reports: Mayor's Report: City Council Report_: City Attorney's Repo City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police(tort: Director of Parks &Recreation Rep: Community Develoiment Director Report: Community&Liaison Report: City Council Meeting Agenda Date Page3 Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys Y 3SD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELOPMENT, 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 -------- UBLIC SAFETY' --------- ----------- ---------------------- Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock City Council Meeting Agenda Date Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) —-- ----------- ADMINISTRATIOIV� ---— — --——-----—— ---— — ------------- Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock ------------ �AD-HOC: TECHNOLOG ------------------- --------- Committee ------------------------ Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock J=�D Clpy� United City of Yorkville ,BM Mayor Pro Tem Policy — Approved 2/22/05 MT O E �! E \V� MAYOR PRO TEM. (A) There is created the office of Mayor Pro Tem for the City. (B) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties,but which by law does not create a vacancy in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However,the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council,and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance,resolution, or motion. Statutory reference: Mayor pro tem, see ILCS Ch. 65,Act 5 § 3.1-35-35 C A-)�C�i � at r o United City of Yorkville Memo a ° 800 Game Farm Road Esr. 1 leas Yorkville, Illinois 60560 .c Telephone: 630-553-4350 o� Lm p Fax: 630-553-7575 <CE Date: June 23, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Governing Ordinance Drafts dated June 20, 2006 Please find attached three versions of the Governing Ordinance: Version#1. The previous color coded Draft dated 6.16.06 which has been amended based upon the discussion at the 6.20.06 COW. I've identified new text in green. Deletions are shown in the bubbles in the right margin. This is the only source of deletions from the 6.16.06 color coded text. Version#2. A Clean Copy of what we have as a final, after the 6.20.06 COW. Version#3. The Clean Copy with new text from the 6.16.06 version highlighted in yellow. (Again,this is new text, only, and deletions are identified in the color coded draft (Number 1, above)). As always, I have made best efforts to capture all of the changes from the meeting, and believe that I have accurately amended the agreement to the "final draft." However,l ask that you carefully examine the versions for anything that I may have missed, or misunderstood. I will insert citations, and attach exhibits in a supplemental packet for you on Monday. VERSION #1 6.20.06 Draft All changes from the 6.l 5.06 Draft are italicized, underlined and in green print. Formatted:Font: 18 pt,Not Bold, _ Foot color Turquoise DRAFT 6.15.06 rNote: This draft attempts to incorporate comments and suggestions from various aldermen, beginning with the draft as presented by me at the June 6. 2006 COW meeting. I will attempt to color code the comments--JJW--1 Items added by Alderman Burd via her memo handed out at the 6/6/06 COW are shown in "red" Items and comments from Alderman Wolfer are shown in "blue" Items that could not be traced to a particular alderman, but were discussed at a meeting are shown in "green" Items and comments from the Mayor are shown in "violet'. Items and comments from Alderman Bock are shown in "pink." Governing Ordinance,United City of Yorkville Addressing. Ethical Standards,Elected Officials Duties and Responsibilities,Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville,in accordance with Illinois Compiled State Statutes,has the right to determine procedures for organizing and conducting all meetings of the City Council(Mayor)acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance;and Whereas, in keeping with this right,the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings;and Whereas,the Council has determined that,to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings,it requires an additional written policy to clarify and amend Roberts Rules;and Whereas,the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas,the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville;and Whereas,the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees,so that membership and chairmanship shall be unbiased and non-partisan,and offer all aldermen an equal opportunity to understand City business; Therefore,be it ordained as follows: I. Ethical Standards—Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States,of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents,so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions,free of bribes,unlawful gifts,narrow special interests,or financial or other personal interests. E. Shall not invest or hold any investment,directly or indirectly,in any financial business,commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs,encourage communication between residents and municipal officers;emphasize friendly and courteous service to the public;and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly,efficiently,equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons,confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official,unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall,when representing the City,an elected official shall act and dress in a manor appropriate for the function. M. Elected Officials shall set all cell phones,pages,PDA's or similar devises to silent mode prior to all meetings,and shall not communicate on such devises during any meeting. Elected Officials may excuse themselves from a meeting in order to communicate on such devices. II. Duties and Rights of Elected Officials: Aldermen A. Shall,through their council votes,create the public policy that governs the United City of Yorkville,and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process, Deleted: C. May,at their discretion,hold ward meetings in their ward,or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion,but to underline that aldermen are empowered to act on behalf of their constituents,and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeline should contact the other alderman in the ward,in advance, about the meednr. - - - --------------- ,- Deleted:Alderman Wolfer questions -- - whether this provision should provide for ward meetings in the Alderman's"home' D. Shall refrain from giving direction to any city employee. Policy is created by ward,only,or allow for ward meetings in the entire City Council. If any alderman wishes to address any problems he or other wards. In addition,both"home" ward alderman most be entitled to she sees occurring in the city,this problem may be brought to the attention of advance of a ward meeting taking place the mayor,the city administrator,department directors,or taken to the council in that ward.¶ y p The Mayor indicates that ward as a whole for action. meetings should be held only in an alderman's home ward,and that the other eldennan from that ward should be invited in advance m attend. Mayor A. Shall perform all the duties which are prescribed by law,including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for then consideration measures that the mayor believes expedient.(65 ILCE 5/3.1-35- Deleted:s 10) B,c Shall represent the City at official functions,and act as a spokesman for the Deleted: C_ ilv,.The mayor may designate any person, including alderman,city staff or __ Deleted: B. shall be responsible to others,t0 fill in HS 8 spokesman. , _ __________ _ _ _ _ _ assure(o\ ordinances, nd resolutions created by the 1 , City Council. (Mayor,this is redundant with"A'}' D. Shall be a non-voting members of all standing committees. ¶C Deleted:Counci E. Shall make appointments to fill vacancies,with the advice and consent of the Deleted,I Council. Deleted:the community relations manager Deleted:(Mayor's changes) III. M80t11] Standards Comment:As written,it appears In me Meeting that these standards are most applicable Applicable to City Council_ Meetings_ to City Council Meetings,prior to votes. 1 It is my opinion that they do not apply as well to COW,were there is usually a free Generally flow of thought and discussion. Deleted: ???? A. City Council Meetings shall be regularly scheduled to convene on the 2°d and 4d'Tuesday's of each month at 7:00 PM in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. (Attach a Blank agenda template) C. The Mayor,or any 3 Aldermen may call a special meeting by submitting the request in the form of a Notice,and an Agenda for the meeting,in writing to the City Clerk. The Clerk shall as soon as possible 1)deliver a copy of the Notice and Agenda to each Elected Official,2)post the Notice and Agenda at City Hall, and 3)send a copy of the Notice and Agenda to all registered news media. To provide time for No special meeting shall be called for a date less than 48 hours - - Deleted: anneA n after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above,including all Copies of Publication to the City Council,and said Certification of Notice shall be inserted into the record of the Special Meeting. (Citation: 1 D,Except during the time allotted for public discussion and comment,no person,_ «-,- Deleted!D. other than a member of the council,or an officer,employee,independent Deleted: It shallbe the city policy that contractor,or other person recognized by the presiding officer,shall address the meetings shall be led by a presiding officer(mayor,=yet pre fain,chat m rn, Council,except with the consent of two of the members present. etc.)and that said presiding officer shall conduct the meeting according to the laws of the State of Illinois,and the E. No ordinance or resolution shall be voted on at a City Council meeting unless the Ordinances and Policies of the City using item to be voted on has been presented in its final form to the Corporate best efforts and good judgment.The presiding officer shall recognize city Authorities at least four days prior to the votes staff,consultants or members of the - - - - - --------- --- public,as he or she dcema necessary to speak Unless so recognized,only F. All attendees at every city council meeting shall put their cell phones,pagers, elected officials shall speak at meetings PDA's or similar devices on silent mode prior to all such meetings,and shall not of the city. suggested alternate communicate on such devices during any such meetings. Elected officials,and language: Formatted:Indent:Hanging: 0 department heads may excuse themselves frgm a meeting in order to that _ ------ --- --- Deleted: Aldermen Wolfer notes that communicate On such devices. as item should not be voted upon the first time that it is brought to City Council¶ G. The standards concernine order ofspeakine and time limits set by this Mayor concurs,however suggests that there may be times of need to pass Governing Ordinance shall apply to all items,including motions.resolutions, so»,ething more quickly with suggested ordinances or action items wherein a vote may be taken., language being'for good rouse demanatrared'. John Wyeth note: The council may at any time vote to Aldermen suspend these rules,and thereby pass upon an issue contrary,to the rules herein.¶ A. Shall have the right to place an item on any Council meeting agenda for Formatted:Indent:Hanging: 0.2r' discussion.Shall have the right to vote to suspend the rules of order(reeardine Deleted: the order of discussion,and dime finites) to provide for an open discussion., Formatted:Pont:Bold,Italic, Underline Deleted:Alderman Wolfer notes that an item should not be voted upon the fist time that it is brought to City Council. B Shall not speak twice on an item before all other_aldermen who wish to speak to Deleted:agenda the item have had an opportunity to speak once. No alderman shall sneak more than twice on any item.. ___ __ - Formatted:Font:Bold,Italic, Underline - Deleted:Mayor notes that an alderman shall be limited to speaking twice C. Shall,after being recognized by the chair,limit his or her remarks to five minutes including the'introduction'and for the first round;two minutes for the second round.Minutes not used shall be 'conclusion'. The alderman who put the item on dre agenda' can go first in the forfeited,minutes cannot be accumulated. first round,and heat in the last round. ------- --- - This is different than the format shown in Mayor"D"below,which could lead to D. Shall,before speaking at a meeting,fast be recognized by the presiding officer, the'alderman who requested that the item and shall address all remarks to the presiding officer,without a response from the be placed on the agenda'speaking four times.I presiding officer. Aid...soak sates that aldermen Should speak twice,only. E. May not move to end debate before every alderman who wishes to speak to an Formatted:Font:Bold,Italic, agenda item has had the opportunity to do so. A motion to end debate,or"call Underline the question"shall require a two-thirds vote. (Citation: 1 F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Citation: F. May,by a two-thirds majority vote,expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time.(Citation:_) H. May,upon the request of any two aldermen present,defer a report of a committee to the next regular meeting of the Council. I. Shall,during a meeting,have the option to be the fast and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall,after being appointed as a liaison to another city organization,be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate._ Deleted:,avoiding personalities and refraining fro impugning the motives of any other member's argument or vote. L. May,before voting,participate in a special committee of the whole meeting to They shall also refrain from rude and review nominees that the mayor appoints when the appointment is either to fill a derogatory remarks that are meant to y PF 1tlt belittle saff members or members of the vacancy in an elective or appointed office that requires the advice and consent of public the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tern Policy of the United City of Yorkville,attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting;in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council,the chairman of the committee shall preside. B. Shall preserve order and decorum,may speak to points of order in preference to aldermen,and shall decide all questions of order,subject to appeal.In the case of disorderly conduct,the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the CounciL D. May,without relinquishing the chair,voice his opinion on items before the City Council,in keeping with time limitations. The mayor shall,immediately after stating the item under discussion,ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item pr the applicable Committee Formatted:Hlghlight Chairman if no particular alderman has requested that the item be placed upon the agenda,._ The mayor shall recognize this alderman as the last one to speak to the item Comment:Many items are placed on if the alderman requests to do so.Shall not allow any aldermen to speak more than the agenda by staff,without any ides for 9 by aldermen. This addition provides for twice on any item,shall not allow accumulation ofminutes that have been those agenda items. forfeited, Comment:In the discussion at Cow, June 2&,I was asked to add the highlighted item,however,it was already E. Shall,during debate,limit each alderman's chance to speak to five minutes the first there. time on each agenda item,and two minutes for rebuttal. The mayor,if he chooses to Formatted:Highlight state his opinion,shall not speak more than five minutes on the issue. Deleted:,even if this meson that this alderman will speak more than two times F. Shall recognize each alderman wishing to speak to an agenda item in turn, to the icon"(Mayor,see comments to gn g P g Aldenvan"B"above. Mayor indicates rotating different sides of the question,pro and con,as much as possible,and not that an alderman can lead and close,but allowing any one alderman to speak twice before all aldermen who wish to speak can should be limited to two times speaking.) do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion,so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. •______ _ _ _ _ Deleted;H. Shall not interrupt an alderman who has the Floor at a meeting, except m rule the aldemmer amt of order, Shall not vote on any ordinance,resolution or motion except: i.When the vote_o_f or because of an abuse of the time the alderman has resulted in a tie; ii. When one-half of the aldermen elected have limitation'I Mayor this provision is redundant with voted in favor of an ordinance,resoltution or motion even though there is not tie;and "B"above. This item falls under the iii. When a vote eater than a majority of the corporate authorities is required. concepts of sti maintaining oforde,and $r � � rP r] deciding questions of order.and (65 ILLS 5/3.1-40-30) 1, disorderly conduct. Deleted:1 IV. The Standing Committees of the City Council: A. Shall include the Public Works,Public Safety,Administration,and Economic Formatted:rodent:Left: o.zs Development Committees. Hanging: o.zs° B. Shall have their meetings incorporated into the Committee of the Whole meetings of the City Council,and be placed on the COW agenda in the following manner: 1. Public Safety and Administration on the First Tuesday of each month as needed; 2. Economic Development and Public Works on the Third Tuesday of each month as needed; C. Shall be presided over by its chairman,who will conduct the business of the meeting,then adjourn and yield the floor back to the Mayor,who presides over the COW meetings. D. Shall include all members of the City Council,including the Mayor. The Mayor is a non-voting member of each committee. E. Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time,ensuring that all aldermen shall hold one such position. Chairmen shall,following each election, be selected according to seniority on the City Council,with the four longest- serving alderman offered,in turn according to seniority,their choice of the chairmanships,and the four minority members,by the same method,offered their choice of vice-chairmanships. At the conclusion of the year,the vice chairmen shall assume the chairmanship of their committees,with the former chairmen moving into vice chairmanship positions on new committees in the following manner:Public Safety to Economic Development;Economic Development to Administration;Administration to Public Works;Public Works to Public Safety.,_ Deleted:An Alderman shall not hold the chairmanship of any committee more than once per four year period F. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business. (Add here the listings taken from City Council agenda showing the liaison assignments.) Mayor—This provision conflicts with"Mayor Rights,"B"which provides for the Mayor to represent the City,and to designate substitutes. VERSION #2 6.20.06 Draft—CLEAN Governing Ordinance,United City of Yorkville Addressing. Ethical Standards,Elected Officials Duties and Responsibilities,Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes,has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right,the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas,the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas,the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas,the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore,be it ordained as follows: I. Ethical Standards—Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes,unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official,unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, an elected official shall act and dress in a manor appropriate for the function. M. Elected Officials shall set all cell phones, pages,PDA's or similar devises to silent mode prior to all meetings, and shall not communicate on such devises during any meeting. Elected Officials may excuse themselves from a meeting in order to communicate on such devices. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance,about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city,this problem may be brought to the attention of the mayor,the city administrator, department directors, or taken to the council as a whole for action. Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3.1-35- 10) B. . Shall represent the City at official functions, and act as a spokesman for the City_. The mayor may designate any person, including alderman, city staff or others,to fill in as a spokesman. D. Shall be a non-voting members of all standing committees. E. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2°d and 4h Tuesday's of each month at 7:00 PM in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. (Attach a Blank agenda template) C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official,2)post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. To provide time for No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (Citation: ) D. Except during the time allotted for public discussion and comment,no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones,pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order(regarding the order of discussion, and time limits)to provide for an open discussion_ B Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round;two minutes for the second round. Minutes not used shall be forfeited,minutes cannot be accumulated. D. Shall,before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer,without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or"call the question" shall require a two-thirds vote. (Citation: ) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Citation: F. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time. (Citation:_) H. May,upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting,have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization,be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. L. May,before voting,participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tern pursuant to the Mayor Pro Tern Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tern shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum,may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct,the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item, shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question,pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance,resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3.1-40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works,Public Safety,Administration, and Economic Development Committees. B. Shall have their meetings incorporated into the Committee of the Whole meetings of the City Council, and be placed on the COW agenda in the following manner: 1. Public Safety and Administration on the First Tuesday of each month as needed; 2. Economic Development and Public Works on the Third Tuesday of each month as needed; C. Shall be presided over by its chairman,who will conduct the business of the meeting,then adjourn and yield the floor back to the Mayor,who presides over the COW meetings. D. Shall include all members of the City Council,including the Mayor. The Mayor is a non-voting member of each committee. E. Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, be selected according to seniority on the City Council,with the four longest- serving alderman offered, in turn according to seniority,their choice of the chairmanships, and the four minority members, by the same method, offered their choice of vice-chairmanships. At the conclusion of the year,the vice chairmen shall assume the chairmanship of their committees, with the former chairmen moving into vice chairmanship positions on new committees in the following manner: Public Safety to Economic Development; Economic Development to Administration;Administration to Public Works;Public Works to Public Safety. . F. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business. (Add here the listings taken from City Council agenda showing the liaison assignments.) VERSION #3 6.20.06 Draft—CLEAN WITH HIGHLIGHTS OF CHANGES FROM 6. 16.06 DRAFT Governing Ordinance,United City of Yorkville Addressing. Ethical Standards,Elected Officials Duties and Responsibilities,Meeting Standards and Committee Structure Whereas,the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes,has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas,in keeping with this right,the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that,to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings,it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas,the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore,be it ordained as follows: I. Ethical Standards—Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes,unlawful gifts,narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business,commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently,equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, an elected official shall act and dress in a manor appropriate for the function. M. Elected Officials shall set all cell phones, pages,PDA's or similar devises to silent mode prior to all meetings, and shall not communicate on such devises during any meeting. Elected Officials may excuse themselves from a meeting in order to communicate on such devices. II. Duties and Rights of Elected Officials: Aldermen A. Shall,through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion,hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion,but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor,the city administrator, department directors, or taken to the council as a whole for action. Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3.1-35- 10) B. Shall represent the City at official functions, and act as a spokesman for the City. The mayor may designate any person, including alderman, city staff or others, to fill in as a spokesman. D. Shall be a non-voting members of all standing committees. E. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 4a` Tuesday's of each month at 7:00 PM in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. (Attach a Blank agenda template) C. The Mayor, or any 3 Aldermen,may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2)post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. To provide time for No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (Citation: D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee,independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions,resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order(regarding the order of discussion, and time limits)to provide for an open discussion. B Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman shall speak more than twice on any item. C. Shall, after being recognized by the chair,limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited,minutes cannot be accumulated. D. Shall,before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer,without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or"call the question!' shall require a two-thirds vote. (Citation: 1 F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Citation: 1 F. May,by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time. (Citation: l H. May,upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting,have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization,be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. L. May,before voting,participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tom Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum,may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct,the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May,without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall,immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item, shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance,resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance,resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3.1-40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. B. Shall have their meetings incorporated into the Committee of the Whole meetings of the City Council, and be placed on the COW agenda in the following manner: 1. Public Safety and Administration on the First Tuesday of each month as needed; 2. Economic Development and Public Works on the Third Tuesday of each month as needed; C. Shall be presided over by its chairman, who will conduct the business of the meeting, then adjourn and yield the floor back to the Mayor,who presides over the COW meetings. D. Shall include all members of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. E. Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, be selected according to seniority on the City Council,with the four longest- serving alderman offered, in turn according to seniority, their choice of the chairmanships, and the four minority members,by the same method, offered their choice of vice-chairmanships. At the conclusion of the year, the vice chairmen shall assume the chairmanship of their committees, with the former chairmen moving into vice chairmanship positions on new committees in the following manner: Public Safety to Economic Development; Economic Development to Administration; Administration to Public Works;Public Works to Public Safety. . F. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business. (Add here the listings taken from City Council agenda showing the liaison assignments.) I �I FId1 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES,INC. FOR SOUTHWEST TRANSPORTATION IMPROVEMENTS CONTRACTS F.6 THROUGH F.8 WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Engineering Enterprises, Inc. for Engineering Services; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS,this agreement shall be paid for by Developer funding; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A" is hereby approved, subject to Developer funding in an amount sufficient to make payment for the Agreement, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 A� ir� RESOLUTION DECLARING OFFICIAL INTENT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") wishes to design, acquire, construct and install special services within the City's Special Service Area Number 2006-111 (the "Special Service Area") and the City wishes to issue its special tax bonds to finance said special services; and WHEREAS,the City hereby finds and determines that the financing of the special services described below by the City will serve the public purposes of the Special Service Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville,Kendall County, Illinois as follows: 1. The City intends to issue obligations (the "Bonds") for the purpose of financing the design, acquisition, construction and installation of special services consisting of engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and stone sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs (the "Project"). The total amount which the City intends to borrow through the issuance of the Bonds for the Project will not exceed $14,000,000. 2. Certain costs will be incurred by the City in connection with the Project prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with proceeds of the Bonds. 3. This Resolution constitutes a declaration of official intent under Treasury Regulation Section 1.150-2. 4. This Resolution shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. AYES: NAYS: ABSENT: CH12_640955.2 PASSED this 27th day of June, 2006. APPROVED this 27th day of June, 2006. APPROVED: Mayor ATTEST: City Clerk [SEAL] 2 CHI2_640955.2 AbMIN ORDINANCE NO. 2006- AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006-111 (WESTBURY-EAST VILLAGE PROJECT)IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "Ci ') is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the"Application'); and C. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2006-111 for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 25th day of July, 2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to CHI2_640953.2 consider the creation of the City of Yorkville Special Service Area Number 2006-111, in the Subject Territory. At the hearing, the following method of financing improvements within the proposed special service area will be considered: the borrowing of an amount not to exceed an aggregate principal amount of$14,000,000 to be evidenced by special tax bonds (including bonds issued to refund such bonds) of such area (the `Bonds'), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, stone drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent(9%)per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearin¢. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit B to this Ordinance. Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. 2 CHI2_640953.2 PASSED by the City Council of the City this June 27,2006. Voting Aye (list names): Voting Nay (list names): Abstaining(list names): Absent(list names): City Clerk SIGNED by the Mayor this June 27, 2006. President ATTEST: City Clerk Published in pamphlet form June 27, 2006. 3 CHI2_640953.2 EXHIBIT A Legal Description THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE, 309.43 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 87 DEGREES 32 MINUTES 40 SECONDS EAST, 769.85 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 01 DEGREES 03 MINUTES 22 SECONDS EAST, 1326.05 FEET ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 87 DEGREES 30 MINUTES 52 SECONDS EAST, 1331.95 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO A POINT THAT IS 1901.65 FEET SOUTH OF THE AFOREMENTIONED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 8 (AS MEASURED ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8); THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 504.67 FEET;THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 817.00 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST,437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS, EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583,AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147. CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 02 MINUTES 00 SECONDS WEST, 308.99 FEET ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST, 2447.03 ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88 DEGREES 59 MINUTES 57 SECONDS EAST, 68.98 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 15 SECONDS EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31 DEGREES 33 MINUTES 56 SECONDS EAST; THENCE NORTH 52 DEGREES 43 MINUTES 52 SECONDS EAST, 150.00 FEET;THENCE SOUTH 45 DEGREES 11 MINUTES 49 SECONDS EAST, 59.31 FEET; THENCE SOUTH 61 DEGREES 03 MINUTES 12 SECONDS EAST, 59.31 FEET; THENCE SOUTH 76 DEGREES 54 MINUTES 34 SECONDS EAST, 59.31 FEET; THENCE NORTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, 70.96 FEET; THENCE NORTH 64 DEGREES 24 MINUTES 44 SECONDS EAST, 53.07 FEET; THENCE NORTH 46 DEGREES 15 MINUTES 48 SECONDS EAST, 122.93 FEET;THENCE NORTH 34 DEGREES 29 MINUTES 59 SECONDS EAST, 90.01 FEET; THENCE NORTH 33 DEGREES 11 MINUTES 19 SECONDS EAST, 84.38 FEET; THENCE SOUTH 85 DEGREES 19 MINUTES 13 SECONDS EAST, 118.52 FEET; THENCE SOUTH 73 DEGREES 10 MINUTES 01 SECONDS EAST, 184.74 FEET; THENCE SOUTH 06 DEGREES 17 MINUTES 38 SECONDS EAST, 224.12 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 27.24 FEET; THENCE SOUTH 59 DEGREES 05 MINUTES 34 SECONDS EAST, 153.76 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 86 DEGREES 05 MINUTES 40 SECONDS EAST, 147.85 FEET; THENCE NORTH 35 DEGREES 33 MINUTES 08 SECONDS EAST, 33.43 FEET; THENCE NORTH 69 DEGREES 40 MINUTES 43 SECONDS EAST, 181.54 FEET; THENCE NORTH 60 DEGREES 03 MINUTES 18 SECONDS EAST, 101.98 FEET; THENCE NORTH 54 DEGREES 35 MINUTES 06 SECONDS EAST,47.33 FEET; THENCE NORTH 56 DEGREES 27 MINUTES 23 SECONDS EAST, 62.20 FEET; THENCE NORTH 64 DEGREES 38 MINUTES 07 SECONDS EAST, 40.98 FEET; THENCE NORTH 77 DEGREES 17 2 CHI2_640953.2 MINUTES 38 SECONDS EAST, 142.43 FEET; THENCE SOUTH 87 DEGREES 18 MINUTES 59 SECONDS EAST, 68.19 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 1000.44 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST,437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 3 CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST,202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST,23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST,22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTES 18 SECONDS EAST, 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST;THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 623.89 FEET,THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4 CHI2_640953.2 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY,496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECONDS WEST; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST,68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET;THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST,47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST,27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECONDS WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET;THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST,204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY,ILLINOIS. 5 CHI2_640953.2 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583,AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS,FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 6 CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017;THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST(BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 00 MINUTES 03 SECONDS WEST, 74.04 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 30.17 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 233.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 42 MINUTES 39 SECONDS WEST; THENCE NORTH 13 DEGREES 25 MINUTES 15 SECONDS WEST, 78.00 FEET; THENCE NORTH 76 DEGREES 34 MINUTES 45 SECONDS EAST, 125.00 FEET; THENCE NORTH 12 DEGREES 59 MINUTES 41 SECONDS WEST, 75.72 FEET; THENCE NORTH 01 DEGREES 53 MINUTES 45 SECONDS WEST, 63.47 FEET; THENCE NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST, 75.15 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 42 SECONDS EAST,43.94 FEET; THENCE SOUTH 78 DEGREES 47 MINUTES 50 SECONDS EAST, 74.19 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 38 SECONDS EAST, 93.87 FEET; THENCE SOUTH 86 DEGREES 19 MINUTES 53 SECONDS EAST, 93.87 FEET; THENCE NORTH 85 DEGREES 09 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 76 DEGREES 39 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE NORTH 68 DEGREES 09 MINUTES 22 SECONDS EAST, 93.87 FEET; THENCE NORTH 59 DEGREES 39 MINUTES 07 SECONDS EAST, 93.87 FEET; THENCE NORTH 51 DEGREES 08 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 42 DEGREES 38 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE SOUTH 51 DEGREES 36 MINUTES 30 SECONDS EAST, 25.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 42 SECONDS EAST, 197.06 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 02 SECONDS EAST, 185.72 FEET; THENCE NORTH 46 DEGREES 30 MINUTES 47 SECONDS EAST, 218.02 FEET; THENCE NORTH 07 DEGREES 41 MINUTES 36 SECONDS EAST, 50.41 FEET; THENCE SOUTH 11 DEGREES 31 MINUTES 00 SECONDS EAST, 136.02 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD 7 GHI2_640953.2 OF SAID CURVE BEARING SOUTH 04 DEGREES 45 MINUTES 09 SECONDS WEST; THENCE SOUTH 21 DEGREES 01 MINUTES 18 SECONDS WEST, 318.85 FEET; THENCE SOUTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 13 DEGREES 02 MINUTES 53 SECONDS WEST; THENCE SOUTH 89 DEGREES 16 MINUTES 13 SECONDS WEST, 991.74 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 38 SECONDS WEST,22.58 FEET; THENCE NORTH 30 DEGREES 16 MINUTES 13 SECONDS WEST, 44.66 FEET; THENCE NORTH 14 DEGREES 15 MINUTES 17 SECONDS WEST, 67.24 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 54 SECONDS WEST, 79.10 FEET; THENCE SOUTH 83 DEGREES 59 MINUTES 57 SECONDS WEST, 125.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY,ILLINOIS. PIN's 02-05-400-004 02-05-400-005 02-08-200-006 02-08-200-007 02-08-200-003 02-08-200-005 02-08-400-001 8 CHI2_640953.2 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-111 (WESTBURY-EAST VILLAGE PROJECT) NOTICE IS HEREBY GIVEN that on July 25, 2006 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of Yorkville (the "City") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006-111," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate location is generally south of Galena Road, west of Route 47 and north of Corneils Road in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006-111 is to provide special municipal services to the area which may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal,public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following method of financing improvements within the proposed special service area: the issuance of special tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $14,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. CH12_640953.2 If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006-111 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2006-111 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 CH12_640953.2 Exhibit 1 to Notice Legal Description of Property THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE, 309.43 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 87 DEGREES 32 MINUTES 40 SECONDS EAST, 769.85 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 01 DEGREES 03 MINUTES 22 SECONDS EAST, 1326.05 FEET ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 87 DEGREES 30 MINUTES 52 SECONDS EAST, 1331.95 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO A POINT THAT IS 1901.65 FEET SOUTH OF THE AFOREMENTIONED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 8 (AS MEASURED ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8); THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 504.67 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 817.00 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST,437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS,EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147. CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST.QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 02 MINUTES 00 SECONDS WEST, 308.99 FEET ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST, 2447.03 ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88 DEGREES 59 MINUTES 57 SECONDS EAST, 68.98 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 15 SECONDS EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31 DEGREES 33 MINUTES 56 SECONDS EAST; THENCE NORTH 52 DEGREES 43 MINUTES 52 SECONDS EAST, 150.00 FEET; THENCE SOUTH 45 DEGREES 11 MINUTES 49 SECONDS EAST, 59.31 FEET; THENCE SOUTH 61 DEGREES 03 MINUTES 12 SECONDS EAST, 59.31 FEET; THENCE SOUTH 76 DEGREES 54 MINUTES 34 SECONDS EAST, 59.31 FEET; THENCE NORTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, 70.96 FEET; THENCE NORTH 64 DEGREES 24 MINUTES 44 SECONDS EAST, 53.07 FEET;THENCE NORTH 46 DEGREES 15 MINUTES 48 SECONDS EAST, 122.93 FEET; THENCE NORTH 34 DEGREES 29 MINUTES 59 SECONDS EAST, 90.01 FEET; THENCE NORTH 33 DEGREES 11 MINUTES 19 SECONDS EAST, 84.38 FEET; THENCE SOUTH 85 DEGREES 19 MINUTES 13 SECONDS EAST, 118.52 FEET; THENCE SOUTH 73 DEGREES 10 MINUTES 01 SECONDS EAST, 184.74 FEET; THENCE SOUTH 06 DEGREES 17 MINUTES 38 SECONDS EAST, 224.12 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 27.24 FEET; THENCE SOUTH 59 DEGREES 05 MINUTES 34 SECONDS EAST, 153.76 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 86 DEGREES 05 MINUTES 40 SECONDS EAST, 147.85 FEET; THENCE NORTH 35 DEGREES 33 MINUTES 08 SECONDS EAST, 33.43 FEET; THENCE NORTH 69 DEGREES 40 MINUTES 43 SECONDS EAST, 181.54 FEET; THENCE NORTH 60 DEGREES 03 MINUTES 18 SECONDS EAST, 101.98 FEET; THENCE NORTH 54 DEGREES 35 MINUTES 06 SECONDS EAST, 47.33 FEET; THENCE NORTH 56 DEGREES 27 MINUTES 23 SECONDS EAST, 62.20 FEET; THENCE NORTH 64 DEGREES 38 MINUTES 07 SECONDS EAST, 40.98 FEET; THENCE NORTH 77 DEGREES 17 2 CHI2_640953.2 MINUTES 38 SECONDS EAST, 142.43 FEET; THENCE SOUTH 87 DEGREES 18 MINUTES 59 SECONDS EAST, 68.19 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 1000.44 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST,437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST,297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY,ILLINOIS. 3 CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST(BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST,202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST,44.66 FEET;THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 515.67 FEET,THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTES 18 SECONDS EAST, 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY,TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET,THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4 CH12_640953.2 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY,496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET,THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECONDS WEST; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST,450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST,27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECONDS WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST,204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 5 CHI2_640953.2 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583,AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 6 CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST(BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 00 MINUTES 03 SECONDS WEST, 74.04 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 30.17 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 233.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 42 MINUTES 39 SECONDS WEST; THENCE NORTH 13 DEGREES 25 MINUTES 15 SECONDS WEST, 78.00 FEET; THENCE NORTH 76 DEGREES 34 MINUTES 45 SECONDS EAST, 125.00 FEET; THENCE NORTH 12 DEGREES 59 MINUTES 41 SECONDS WEST, 75.72 FEET; THENCE NORTH 01 DEGREES 53 MINUTES 45 SECONDS WEST,63.47 FEET; THENCE NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST, 75.15 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 42 SECONDS EAST,43.94 FEET; THENCE SOUTH 78 DEGREES 47 MINUTES 50 SECONDS EAST, 74.19 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 38 SECONDS EAST, 93.87 FEET; THENCE SOUTH 86 DEGREES 19 MINUTES 53 SECONDS EAST, 93.87 FEET; THENCE NORTH 85 DEGREES 09 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 76 DEGREES 39 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE NORTH 68 DEGREES 09 MINUTES 22 SECONDS EAST, 93.87 FEET; THENCE NORTH 59 DEGREES 39 MINUTES 07 SECONDS EAST, 93.87 FEET;THENCE NORTH 51 DEGREES 08 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 42 DEGREES 38 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE SOUTH 51 DEGREES 36 MINUTES 30 SECONDS EAST, 25.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 42 SECONDS EAST, 197.06 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 02 SECONDS EAST, 185.72 FEET; THENCE NORTH 46 DEGREES 30 MINUTES 47 SECONDS EAST,218.02 FEET; THENCE NORTH 07 DEGREES 41 MINUTES 36 SECONDS EAST, 50.41 FEET; THENCE SOUTH 11 DEGREES 31 MINUTES 00 SECONDS EAST, 136.02 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD 7 CHI2_640953.2 OF SAID CURVE BEARING SOUTH 04 DEGREES 45 MINUTES 09 SECONDS WEST; THENCE SOUTH 21 DEGREES 01 MINUTES 18 SECONDS WEST, 318.85 FEET; THENCE SOUTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 13 DEGREES 02 MINUTES 53 SECONDS WEST; THENCE SOUTH 89 DEGREES 16 MINUTES 13 SECONDS WEST, 991.74 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 38 SECONDS WEST, 22.58 FEET; THENCE NORTH 30 DEGREES 16 MINUTES 13 SECONDS WEST, 44.66 FEET; THENCE NORTH 14 DEGREES 15 MINUTES 17 SECONDS WEST, 67.24 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 54 SECONDS WEST, 79.10 FEET; THENCE SOUTH 83 DEGREES 59 MINUTES 57 SECONDS WEST, 125.00 FEET TO THE POINT OF BEGINNING,IN KENDALL COUNTY, ILLINOIS. PIN's 02-05-400-004 02-05-400-005 02-08-200-006 02-08-200-007 02-08-200-003 02-08-200-005 02-08-400-001 8 CH12_640953.2 ��r fI�A RESOLUTION DECLARING OFFICIAL INTENT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "C ") wishes to design, acquire, construct and install special services within the City's Special Service Area Number 2006-112 (the "Special Service Area") and the City wishes to issue its special tax bonds to finance said special services; and WHEREAS,the City hereby finds and determines that the financing of the special services described below by the City will serve the public purposes of the Special Service Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville, Kendall County, Illinois as follows: 1. The City intends to issue obligations (the "Bonds") for the purpose of financing the design, acquisition, construction and installation of special services consisting of engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs (the "Project'). The total amount which the City intends to borrow through the issuance of the Bonds for the Project will not exceed$8,000,000. 2. Certain costs will be incurred by the City in connection with the Project prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with proceeds of the Bonds. 3. This Resolution constitutes a declaration of official intent under Treasury Regulation Section 1.150-2. 4. This Resolution shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. AYES: NAYS: ABSENT: CHI2_640970.2 PASSED this 27th day of June,2006. APPROVED this 27th day of June, 2006. APPROVED: Mayor ATTEST: City Clerk [SEAL] 2 CH12_640970.2 P)M Id 4tq ORDINANCE NO.2006- AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006-112 (WESTBURY-SOUTH VILLAGE PROJECT)IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act,the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and C. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous; and C. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2006-112 for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 25th day of July, 2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to CH12_640971.2 consider the creation of the City of Yorkville Special Service Area Number 2006-112, in the Subject Territory. At the hearing, the following method of financing improvements within the proposed special service area will be considered: the borrowing of an amount not to exceed an aggregate principal amount of$8,000,000 to be evidenced by special tax bonds (including bonds issued to refund such bonds) of such area (the `Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent(9%)per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit B to this Ordinance. Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. 2 CHI2_640971.2 i PASSED by the City Council of the City this June 27, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent(list names): City Clerk SIGNED by the Mayor this June 27, 2006. President ATTEST: City Clerk Published in pamphlet form June 27,2006. I 3 CHI2_640971.2 EXHIBIT A Legal Description THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18; THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72-892; THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES,23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID NORTHWEST 1/4, 1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES; 57 SECONDS EAST 663.59 FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 1104.36 FEET,MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17, 1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72 FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 20 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47 SECONDS EAST. 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS ; AND ALSO EXCEPTING THEREFROM: CHI2_640971.2 THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN THE CITY OF YORK, KENDALL COUNTY, ILLINOIS; AND ALSO EXCEPTING THEREFROM; THE NORTH 990.79 FEET OF THE EAST 630.0 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN; EXCEPTING THEREFROM THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG SAID NORTH AND EAST LINES) OF SAID NORTHWEST 1/4; ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS PIN's 02-17-100-104 02-17-100-010 02-18-200-004 I 2 CHI2_640971.2 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-112 (WESTBURY-SOUTH VILLAGE PROJECT) NOTICE IS HEREBY GIVEN that on July 25, 2006 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of Yorkville (the "Liff") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006-112," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate location is generally south of Comeils Road and east of Beecher Road in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006-112 is to provide special municipal services to the area which may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal,public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following method of financing improvements within the proposed special service area: the issuance of special tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $8,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. CHI2_640971.2 If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006-112 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2006-112 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 CHI2_640971.2 Exhibit 1 to Notice Legal Description of Property THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18; THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72-892; THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID NORTHWEST 1/4, 1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES; 57 SECONDS EAST 663.59 FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17, 1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72 FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 20 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47 SECONDS EAST. 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ; AND ALSO EXCEPTING THEREFROM: CHI2_640971.2 J THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ALL IN THE CITY OF YORK,KENDALL COUNTY, ILLINOIS; AND ALSO EXCEPTING THEREFROM: THE NORTH 990.79 FEET OF THE EAST 630.0 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN; EXCEPTING THEREFROM THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG SAID NORTH AND EAST LINES) OF SAID NORTHWEST 1/4; ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS PIN's 02-17-100-104 02-17-100-010 02-18-200-004 2 -H12640971.2