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City Council Packet 2006 09-12-06 C/;y United City of Yorkville J`� T 800 Game Farm Road EST , IaI � 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 II Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 9/11/06 Tuesday, September 12, 2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marry Manus 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 Committee of the Whole To be Announced 7:00 p.m., Tuesday, September 19, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, September 19, 2006 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, October 3, 2006 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, October 3, 2006 City Hall Conference Room Presentations: 1. Presentation of Certificates to Sergeant Greg Sibenaller and Officer Jacob Bledsoe City Council Meeting Agenda September 12, 2006 Page 2 Public Hearings: None Citizen Comments: Consent Agenda: 1. PS 2006-35 Police Reports for July—August 2006 2. PS 2006-36 Resolution Providing an Education Stipend for Certain Employees- authorize Mayor and City Clerk to execute 3. PS 2006-38 Ordinance Amending City Code Title 3 —Business, Chapter 3 —Liquor Control Regarding Hours of Sale - authorize Mayor and City Clerk to execute 4. ADM 2006-54 Monthly Treasurer's Report for July 2006 5. ADM 2006-57 Ordinance Amending Land Cash Ordinance No. 96-3, 2003-12, 2004-22, and 2005-37 - authorize Mayor and City Clerk to execute 6. ADM 2006-58 Resolution Establishing the Job Description for the Position of Civil Engineer- authorize Mayor and City Clerk to execute 7. ADM 2006-59 Resolution Declaring Official Intent to Issue Special Tax Bonds for Special Service Area 2006-113 for Kendall Marketplace- authorize Mayor and City Clerk to execute 8. ADM 2006-60 Resolution Declaring Official Intent to Issue Sales Tax Revenue Bonds for Kendall Marketplace -authorize Mayor and City Clerk to execute 9. ADM 2006-61 Ordinance Proposing the Establishment of Special Service Area Number 2006-113 (Kendall Marketplace) - authorize Mayor and City Clerk to execute 10. ADM 2006-62 Ehlers and Associates, Inc. Scope of Service for Kendall Marketplace Financing - authorize Mayor and City Clerk to execute 11. COW 2006-06 IDOT Highway Permit and Resolution—Temporary Construction Entrance for Kendall Marketplace - authorize Mayor and City Clerk to execute 12. COW 2006-07 Raymond Storm Sewer Outfall—Bid Results - award to Wheaton Trenching in an amount not to exceed$949,800.25, subject to identifying available funding Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—July 11, 2006 and July 25,2006 Minutes of Committee of the Whole—July 18,2006 City Council Meeting Agenda September 12, 2006 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,253,063.37 (vendors) $ 197,970.77 (payroll period ending 8/19/06) $ 1,451,034.14 (total) Reports: Mayor's Report: 1. Proclamation for Hunting and Fishing Days 2. Coffee with the Mayor: September 16 at Wild Iris Salon & Gifts, 125 W. Hydraulic Street from 9:00— 11:00 a.m. City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Manager: Communes& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2006-42 Resolution Approving a Hiring Process for Certain Employees(Non-Department Head) City Council Meeting Agenda September 12, 2006 Page 4 Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body. Adjournment: COMMITTEES,MEMBERS AND RESPONSIBILITIES P( UBLIC WORKS] — Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James NCONOMIC 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 PUBLIC SAFE— — _ 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 'AD_MINIS_T_R_ATION! Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock `— HOC:UXCHNOLOGIC Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock i A boA I STATE OF ILLINOIS )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ADOPTING A HIRING PROCESS FOR CERTAIN EMPLOYEES (Non-Department Head) WHEREAS,the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain employees, and WHEREAS,the City Council has determined that it desires to establish such a policy, and WHEREAS,the text of the policy the City Council now desires to establish concerning a hiring process for certain employees is set forth on the attached Exhibit "A"which is incorporated herein, and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Hiring Process for Certain Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A" attached hereto and incorporated 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. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 C/py United City of Yorkville Memo 800 Game Farm Road EST. sac Yorkville, Illinois 60560 -� Telephone: 630-553-4350 Fax: 630-553-7575 E `V0, Date: September 8, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Education Stipend Resolution Attached is a Resolution regarding the "grandfathering"of employees for the 2%education stipend. It follows the Chief's memo which was in your COW packets with one addition. Chief Martin reminded me that Officer Barry Groesch was inadvertently left off of the list in his memo, and that he is in a similar situation, and equally deserving of the stipend. His name has been added to the list which is Exhibit"A"to the memo. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION Providing an Education Stipend for Certain Employees WHEREAS, the City Council of the United City of Yorkville has considered and discussed the issue of Education Stipends for attaining certain degrees for employees that had been approved for the Tuition Reimbursement/Education Stipend program prior to the January 24, 2006 deletion of Section 8.6h of the Employee Manual; and WHEREAS,the City Council of the United City of Yorkville deems it prudent and advisable to `grandfather' certain employees, resulting in a continuation of the Education Stipend program that those employees had been approved for prior to the January 24, 2006 deletion of Section 8.6h; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, a 2% stipend is approved for the individual employees listed(and the corresponding degrees listed) in the attached Exhibit "A"which incorporate 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. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" INDIVIDUAL EMPLOYEES GRANTED 2% STIPEND FOR ATTAINING THE CORRESPONDING DEGREE Chief Harold O. Martin III Masters Program since 2003 Lt. Donald Schwartzkopf Masters Program since 2003 S/Sgt. Ron Diederich Bachelor Program since 2004 Sgt Richard Hart Bachelor Program since 2004 Sgt David Delany Bachelor Program since 2004 Officer Barry Groesch Bachelor Program since 2003 Officer Dan Pleckham Bachelor Program since 2005 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) I ORDINANCE No.2006- ORDINANCE AMENDING CITY CODE TITLE 3 --BUSINESS, CHAPTER 3—LIQUOR CONTROL REGARDING HOURS OF SALES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above)regarding extending the permitted hours of sale for Sunday through Thursday inclusive to 1:00 am., and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 3 —Business, Chapter 3 —Liquor Control by amending Section 3-3-12 (A) (a) depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,that Title 3 -- Business, Chapter 3 -- Liquor Control, of the City Code of the United City of Yorkville is hereby amended by amending Section, as depicted on the attached Exhibit"A". This Ordinance shall be 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 EXHIBIT "A" Amendment to Section 3-3-12 CURRENTLY EXISTING TEXT, a. All Retail Class, Restaurant Class, Beer Class, Beer Only, And Beer And Wine Only, Fraternal Order, Private Club And Not For Profit Association: Permitted Hours of Sale Monday through Thursday (inclusive): 7:00 A.M. to 12:00 Midnight Friday and Saturday 7:00 A.M. to 1:00 A.M. Sunday Sunday: 12:00 Noon to 12:00 midnight NEW TEXT WITH CHANGES SHOWAS "BOLD"AND "ITALICIZED" a. All Retail Class, Restaurant Class, "Other licenses"Class (listed as classes 1, 2 and 4, inclusive under Section 3-3-4) Permitted Hours of Sale Monday through Thursday (inclusive): 7:00 A.M. to 1:00A.M. Friday and Saturday 7:00 A.M. to 1:00 A.M. Sunday: 12:00 Noon to 1:00 A.M. [Note: Text was purposely deleted from Currently Existing Text at these places] I STATE OF ILLINIOS ) ) ss COUNTY OF KENDALL ) I I ORDINANCE NO. 2006- ORDINANCE AMENDING UNITED CITY OF YORKVILLE LAND CASH ORDINANCE No. 96-3, 2003-12, 2004-22 and 2005-37 WHEREAS,the United City of Yorkville, after careful consideration by the Mayor and City Council has determined it necessary to amend Land Cash Ordinance No. 1993-3 and No. 2003-12 (Section 1.C.5--Fair Market Value)to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser; and, WHEREAS, the United City of Yorkville, after careful consideration by the Mayor and City Council has determined that it is in the best interests of the community to amend Land Cash Ordinance No. 1996-3 and No. 2003-12 (Section LC.5--Fair Market Value), and to the extent that Ordinance No. 2004-22 and Ordinance No. 2005-37 amended Section 1.C.5--Fair Market Value, to amend that Ordinance as well. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting that: 1. Section 1.C.5, Fair Market Value of the Land Cash Ordinance 1996-3 and 2003- 12 are amended to reflect that the"Fair Market Value"for any parcel of residential real property shall be deemed to be one hundred and one thousand dollars and 00/100 per acre($101,000 acre)based upon the study by Thompson Appraisals dated August 10, 2006. 2. The Land Cash Valuation Analysis and Report prepared by Thompson Appraisals dated August 10, 2006 is incorporated by reference herein. 3. To the extent that Ordinance 2005-37 has previously amended said Section 1.C.5, this Ordinance shall supercede 2005-37 beginning with the affective date of this Ordinance until such time as Section 1.C.5 may be amended in the future. 4. Any Ordinance or parts thereof that conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 5. The various parts, sections, clauses of this Ordinance are hereby declared to be severable. If any part sentence,paragraph section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Ordinance shall not be affected thereby. IN WITNESS HEREFOR, this Ordinance has been enacted this day of . 2006. 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 CIVIL ENGINEER 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 Civil Engineer; and WHEREAS; the position of Civil Engineer 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 CIVIL ENGINEER 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 UNITED CITY OF YORKvnLE CIVIL ENGINEER—JOB DESCRIPTION Department: Engineering Reports to: City Engineer Status: Full-time; exempt Supervises: None Pay Classification: Civil Engineer Position Description Overview Under the direction of the City Engineer, this is a professional engineering position that entails technical work in the planning, organizing, and conduct of civil engineering assignments in the Engineering Department. Work requires the use of judgment, initiative and professional knowledge, and involves responsibility for making technical decisions on engineering problems and plans. Work involves responsibility for conducting, planning, coordinating, and evaluating engineering work of some difficulty requiring familiarity and training in civil engineering and surveying principles and practices. Work is reviewed for adherence to city policies and expectations by the City Engineer. Essential Job Functions 1. As assigned by the City Engineer,performs in-depth reviews of engineering plans associated with new subdivision development and site plans of nonresidential parcels within the planning jurisdictional boundaries of Yorkville. Communicate plan review and construction inspection findings with consulting engineers/developers concerning improvements. Resolve conflicts and concerns of plan reviews and construction inspections in an independent and expeditious manner. 2. As assigned by the City Engineer, plans, develops,coordinates and manages the review, approval, inspection and acceptance of construction projects; implements local, state and federal regulations; forwards plans to other departments and divisions; summarizes comments and prepares response letters, calculates fees and collects project securities. 3. Makes engineering estimates of quantities and costs. 4. Calculates fees and ensures all applicable fees, bonds,letters of credit and others are provided or paid before permit is issued; tracks letters of credit, secures extensions and authorizes releases. 5. Prepares plans and cost estimates for roadway, storm sewer, sanitary sewer and water main projects; prepares reports of ongoing projects, memorandums for various committees and Commissions, legal advertisements for bid specifications, details for construction plans, requests for proposals, and other plans and estimates as requested by their supervisor. 6. Provides professional and technical advice to City residents who have engineering problems [such as faulty property drainage] and to lower level engineering technicians or to maintenance supervisors concerning engineering problems in design, construction, maintenance or surveying; may act as design liaison with consulting engineers on the design of larger public improvement projects; and may assist in various phases of the bid letting process by meeting with potential bidders and reviewing project plans, including any unique aspects of the project. 7. Coordinate with consulting engineers regarding the preparation of reports and engineering plans for Public Works and construction projects. 8. Acts as staff advisor for Engineering functions; provides technical assistance to other City departments; informs developers of engineering requirements; responds to internal engineering problems; makes recommendations to residents and businesses based on plan review and site investigation. 9. Other duties as assigned by the City Engineer. Requirements 1. Strong background, education, and understanding of the principles and practices of Civil Engineering. 2. General knowledge of computers for solving engineering problems including knowledge of spreadsheet and computer drafting software with ability to learn and successfully use other/new software. 3. Strong interpersonal, written, and verbal communication skills for interaction with elected and appointed officials, co-workers, agencies and other governmental units, and the public. 4. Skill in performing difficult engineering computations and in making comprehensive technical recommendations for the solution of engineering problems. 5. Ability to exercise professional, independent judgment in planning own work,formulating recommendations, and making decisions. 6. Ability to understand construction techniques, methods,procedures, and alternatives. 7. Ability to plan projects and prepare concept and final designs. Ability to prepare cost estimates and bid documents and specifications. 8. Possession of a valid driver's license. 9. Requires the ability to perform mid-level data analysis including the ability to audit, deduce, assess, conclude and appraise. Requires discretion in determining and referencing such to established criteria to define consequences and develop alternatives. 10. Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information such as plans, drawings, surveys, easements,reports, estimates, ordinances,resolutions, spreadsheets,periodicals,handbooks, maps, manuals,financial statements, statutes, procedures and non-routine correspondence. 11. Requires the ability to perform addition, subtraction,multiplication and division; calculate percentages, fractions and decimals; may require the ability to perform mathematical operations involving basic algebra and geometry. 12. Ability to establish and maintain satisfactory working relationships with supervisors, co-workers,people from outside agencies and the general public. 13. Ability to carry out oral and written instructions from supervisors. 14. Ability to work effectively under tight time constraints in stressful situations. 15. Ability to sit and stand for long periods of time. 16. Must possess, at a minimum, the strength, endurance and agility to lift and transport an object with a minimum weight of fifty(50)pounds. 17. Ability to gather, organize,prepare and maintain data files. 18. Ability to work independently; prioritize multiple objectives and tasks and maintain confidential information. 19. Registration as an Engineer-In-Training with the State of Illinois or registration as a Professional Engineer with the State of Illinois. 20. Possess working knowledge of basic surveying instruments (surveyor's level and theodolite) and practices. Experience and Education 1. Bachelor's degree in Civil Engineering and one (1)year of civil engineering/project management experience. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change. CA -Ad 7 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 2006-113 (the "Special Service Area") and the City wishes to issue its special tax bonds in one or more series 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$20,000,000. 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. PASSED by the City Council of the City this September 12,2006. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE CHI2_6503392 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 Published in pamphlet form September 12, 2006. 2 CHI2_650339.2 RESOLUTION DECLARING OFFICIAL INTENT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "Oty") wishes to design, acquire, construct and install municipal improvements within the City's Business District (the "Business District") and the City wishes to issue its sales tax revenue bonds in one or more series to finance said municipal improvements; and WHEREAS, the City hereby finds and determines that the financing of the municipal improvements described below by the City will serve the public purposes of the City and the Business District. 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 municipal improvements 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 $20,000,000. 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. PASSED by the City Council of the City this September 12,2006. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE CHI2_650340.2 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 Published in pamphlet form September 12, 2006. 2 CHI2_650340.2 C7q #�1 ORDINANCE NO.2006- AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006-113 (KENDALL MARKETPLACE 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 "C ") 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 2006-113 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 3rd day of October, 2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to CHI2_650400.2 consider the creation of the City of Yorkville Special Service Area Number 2006-113, 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 $20,000,000 to be evidenced by ad valorem 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 twenty-two (22) 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 ad valorem tax levied against each parcel of property within the special service area 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_650400.2 PASSED by the City Council of the City this September 12, 2006. 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 Published in pamphlet form September 12,2006. 3 CHI2_650400.2 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19,PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST, AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST, AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST, AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST, AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST,763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST, AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY GHI2_650400.2 ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST, AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST, ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST, 48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST, 470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES OF LAND MORE OR LESS. PIN's 02-19-400-003 02-29-100-001 02-20-351-001 2 CHI2_650400.2 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-113 (KENDALL MARKETPLACE PROJECT) NOTICE IS HEREBY GIVEN that on October 3, 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 "Ciff") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006-113," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate location of the proposed special service area is at the intersection of Route 34 and Cannonball Trail in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006-113 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. The special services shall include new construction and maintenance activities. There will also be considered at the hearing the following method of financing improvements within the proposed special service area: the issuance of ad valorem tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $20,000,000 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 twenty-two (22) years from the date of their issuance. The bonds shall be retired by the levy of an annual ad valorem tax levied against each parcel of property within the proposed special service area 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. 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 CH12_650400.2 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. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006-113 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 2006-113 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_650400.2 Exhibit 1 to Notice Legal Description of Property THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13 MINUTES 53 SECONDS WEST,ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET;THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST,AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST,AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST, AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST, AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST,AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST,AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST, AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST,AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY CH12 650400.2 ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST, AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST,ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST, 48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST,470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AND CONTAINING 143.40 ACRES OF LAND MORE OR LESS. PIN's 02-19-400-003 02-29-100-001 02-20-351-001 2 CHI2_650400.2 MINUTES UNITED THE REGULAR MEETINGDTHE CITY COUNCIL DRAFT OF THE UNTTED CTTY OF YORE:VII,LE KENDALL COUNTY ILLINO HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,JULY 11,2006. Mayor Prochaska called the meeting to order at 7:25 P.M and led the Council in the Pledge of Allegiance. ROLLCALL Clerk Milschewski called the roll. Ward James Present Leslie Present Ward II Bard Absent Wolfer Absent Ward III Bock Present Munns Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Police Chief Martin,Director of Park& Recreation Mogel,Community Development Director Miller,Finance Director Mika and Director of Public Works Dhuse. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted that item#10—Raymond Regional Stormwater Management Facility Agreement under the Economic Development Committee Report will be postponed until the next City Council meeting. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,August 15,2006 City of Yorkville Conference Room Economic Development Committee 7:00 P.M.,Thursday,July 27,2006 City of Yorkville Conference Room Committee of the Whole 7:00 P.M.,Tuesday,August 15,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,August 1,2006 City of Yorkville Conference Room Public Safety Committee 6:30 p.m.,Thursday,July 13,2006 City of Yorkville Conference Room Committee of the Whole 7:00 P.M.,Tuesday,August 1,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS Richard Marker Associates,Inc. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Richard Marker Associates,Inc.;Oakbrook Bank,as Trustees under the Provisions of a certain trust agreement dated the 13a of September,2005,and known as Trust#3405;John Robert Ament and Steven L.Ament,Trustees under the Louise Marie Ament Testamentary Trust created Minutes of the Rezular Meeting of the City Council—July 11.2006—Daze 2 - by will dated November 9, 1978,J.Robert Ament and Jack C.Weis,Trustees under the J.Robert Ament Charitable Remainder Trust dated November 3,2005, John Robert Ament and Jack C. Weis,Trustees under John Robert Ament Living Trust dated October 19,2005 and Ament I L.L.C.,a Wyoming Limited Liability Company c/o John Robert Ament;DBRNC,L.P.an Illinois Limited Partnership;Robert J.Murat and Lori L.Mural;Ann Marie Sassaman,Jean Erna Ingemunson,Christopher Gabel,Rattle Rudd and Jamie Gabel.,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District,B-3 Service Business District Planned Unit Development and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 514 acres east of Route 47 and south ofAment Road in Kendall County,Illinois. So moved by Alderman James;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-5 Nays-0 Leslie-aye,James-aye,Mums-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye Bristol Ridge,LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Bristol Ridge,LLC,and Standard Bank and Trust Co.No.18745,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville containing One-Family Residence District,R-3 General Residence District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 190 acres east and west of Cannonball Road approximately one-quarter mile south of Galena Road in Kendall County,Illinois. So moved by Alderman Bock;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Leslie-aye Mums-aye,Bock-aye,Spears-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Leslie-aye,Mums-aye,Bock-aye,Spears-aye PRESENTATIONS O'Keefe Property—Concept Plan (PC 2006-37) John Phillipchuck,attorney for the O'Keefe Family Partnership,addressed the City Council. He reported that the O'Keefe family owns approximately 140 acres south of Galena Road and east of Route 47. As part the proposal,they are asking to annex the entire parcel to the United City of Yorkville with B-3 Service Business District zoning. They are not prosing any residential zoning as part of the request. They are planning on a four lot subdivision of the property and they have a contract purchaser on two of the lots who is prosing a family recreational center. The center will be a water park consisting of approximately 42 acres. The park will operate from Memorial Day through Labor Day from 10:00 a.m.to 7:00 p.m. The estimated daily attendance is 3000. Attractions included in the water park will be an area for very young children,a lazy river,wave pool,water slides,etc.Two Emergency Medical Technicians(EMTs)will be present during operating hours and there will be private security. Access to the park will be off of Route 47 with parking for 750 vehicles with sites for future parking areas if needed. The pools will be filled in May in off-peak hours. They anticipate that the water usage will be that of approximately 34 single-family homes. The balance of the property could be used for retail or other recreational uses. The developer would like to open Memorial Day,2007. The floor was open to the City Council for questions and concerns. The Minutes of the Regular Meeting of the City Council—July 11,2006—page 3 Alderman James asked how close homes will be to the facility and Attorney Phillipchuck explained that the nearest homes are the Centex homes to the east and there will be a buffer area of green space and parking between them and the park. The wave pool would be the closest to the residential area. Alderman James suggested putting the noisiest,most popular attraction away from the homes and closer to the open space. Alderman Bock asked what the entrance fee would be and if any consideration was given to providing a reduced fee for Yorkville residents. Attorney Phillipchuck explained that there will be one entrance The and a discount is under discussion. Alderman Munns commented that businesses were needed in order to get Route 47 widened. Also,the water park will create jobs and help Yorkville's economy. Alderman Spears agreed that while the park will have an impact on the traffic on Route 47,without it the City will not get funds to widen Route 47. She also commented that this is a good thing for the youth of Yorkville as there is very little for them to do in the community. Mayor Prochaska commented that the City investigated a municipally funded water park and the estimated cost was$5 million. He stated that it was an opportunity to have a private entity fund a facility. He also noted that the park is located in the area of Route 47 where the City is investigating private/public partnership to get it widened. He stated that he has heard the comment that the City should not plan anything until the road is widened however he has had discussions with IDOT in the past regarding the widening of Route 34 from Route 47 to Eldamain Road. IDOT told him at the time it was not in their plan. He questioned why this was so and they told him that Yorkville was not developing in that area. He stated that if something like this water park is planned,it will call the need for widening Route 47 to the attention of IDOT. There was no further discussion on this item. Prairie Point—Concept Plan (PC 2006-50) Pete Hinker with Smith Engineering,on behalf of developer,presented a concept plan for a proposed four lot subdivisions on l I''/:acres east of McHugh Road and north of Countryside Parkway. Smith Engineering plans to have a building built on one of the proposed lots. The lots will have a private access drive that will connect to McHugh Road and the property will border the Post Office. He opened the floor for questions. Alderman Bock noted that the depiction indicates a banquet facility and a hotel. He asked if these facilities have been identified. Mr.Hinker stated that there have been talks with different entities however there is no letter of intent. Alderman James asked how many stories the proposed hotel would have and Mr.Hinker stated that this would be determined when a user comes in. When this is determined,it will come before the City Council. Mayor Prochaska confirmed that there is interest in the hotel site and he questioned if part of the property would need to be rezoned. Mr.Hinker stated that the property is annexed and part of it is mned B-3 and part is R-2. The R-2 portion will need to be rezoned to B-3. There was no further discussion on this item. CITIZEN COMMENTS None. CONSENT AGENDA None. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of June 27,2006 and the Committee of the Whole meeting of May 16,2006;seconded by Alderman Bock. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated June 30,2006 totaling the following amounts:checks in the amount of The Minutes of the Regular Meeting of the City Council—July 11,2006—page 4 $24,949.45(vendors—FY 05/06);$1,634,661.80(vendors—FY 06/07); 193,892.38(payroll period ending 6/24/06);for a total of$1,853,503.63;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Spears-aye,Bock-aye,Leslie-aye,Procbaska-aye Note: Alderman Munns was absent from the room during the vote. REPORTS MAYOR'S REPORT Overnight Parking Survey This Rem was discussed at the Committee of the Whole meeting that was held prior to the City Council meeting and no further discussion was necessary. 2006 Misc.Bituminous Paving—Bid Results (PW 2006-127) Mayor Prochaska entertained a motion to award the 2006 Miscellaneous Bituminous Paving Contract in the sum of$87,113.45 to Meyer Paving,Inc.,as presented,subject to staff comments and legal review. So moved by Alderman Marrs;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-0 Munns-aye,Spears-aye,Bock-aye,Leslie-aye,James-aye Ordinance 2006-61 Approving Variances for Side Yard Setback& Accessory Structures for 504 South Bridge Street Speedway Super America (ZBA 2006-39) Mayor Prochaska entertained a motion to approve an ordinance granting variances for 504 So. Bridge Street,as present,subject to legal review. So moved by Alderman James;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Bock-aye,Leslie-aye,James-aye,Munns-aye CITY COUNCIL REPORT Implementation of Governing Ordinance This item was discussed at the Committee of the Whole meeting that was held prior to the City Council meeting and no further discussion was necessary. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Crois reported that Finance Director Mika will be discussing the sale of the Library bonds in her report however in regards to the bonds;the United City of Yorkville's bond rating has increased. FINANCE DIRECTOR'S REPORT Director Mika reported that bids for the Library Bonds were received today. Attorney Wyeth explained that this item was not on the agenda for consideration however the bond purchaser is looking for an indication from the City Council that the bid will be accepted. The City Council can vote on the acceptance of the bid subject to ratification at the next City Council meeting. Barb Chevalier from Speer Financial addressed the Council and reported that bids were received today for the$1,500,000.00 General Obligation Library Bonds. Twee bids were received and it is Speer Financial's opinion that the bid off W achovia Securities,LLC is the best bid and should be accepted. Wachovia's interest rate is 4.5214%. Ms.Chevalier reiterated that the City's rating was upgraded by Standard&Poor's AAA from A- and she indicated that this was a very good sale. The Minutes of the Reeular Meetine of the City Council—July 11.2006—ogee 5 Mayor Prochaska entertained a motion to accept Wachovia Securities,LLC,Richmond,VA as the low bidder for the$1.5 million Library Bonds at an interest rate of 4.5214%subject to ratification vote at the July 25,2006 City Council meeting. So moved by Alderman Leslie; seconded by Alderman Munns. _ Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Bock-aye,Leslie-aye,James-aye,Munns-aye DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Galena Road watermain was scheduled for completion towards the end of the month. Also,the Rob Roy Creek Interceptor is in its final stages and once it is operational,two lift stations can be taken out of service. He noted that when the ComEd interceptor is finished another lift station will be eliminated. CHIEF OF POLICE'S REPORT Chief Martin reported that one of the police officers was involved in a car accident caused by a vehicle that went through a red light. The officer is doing fine however the vehicle did not fare as well and will need to be replaced. A new squad has been ordered and some of the equipment from the old squad can be used in the new one. Any equipment not functioning due to the accident will be replaced by the insurance company. DIRECTOR OF PARKS&RECREATION'S REPORT Director Mogle reported that he spent his first Fourth of July in Yorkville and thanked the Bristol- Kendall Fire Department for their sponsorship of the event as it drew a great crowd in the park. Mayor Prochaska also thanked the BKFD and the American Legion Big Band who played throughout the firework event. He also thanked the City staff for their efforts with the event COMMUNFTY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mayor Prochaska reported for Mrs.Spies who was not in attendance. He noted that one of the alderman's contact information was not on the website. He asked the City Council to check the website and if the information was not on it or if it is incorrect to please contact Mrs.Spies. Alderman Spears noted that the information presented on the cable station often has misspelled words. She asked if things could be proof read. Mayor Prochaska asked Alderman Spears to notify Mrs.Spies with any corrections she noticed. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2006-58 Approving the Final Plat of Subdivision Villas at the Preserve (PC 2006-21) A motion was made by Alderman Munns to approve a resolution approving the final plat of subdivision for Villas at the Preserve subject to staff comments,final engineering approval comments and legal review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Bock-aye,Leslie-aye,James-aye,Munns-aye Ordinance 2006-62 Kleinwachter Authorizing the Execution of the Annexation Agreement (PC 2005-52) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Old Second Bank Trust#8051 for property commonly known as the Kleinwachter Property,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Bock. The Minutes of the Reeular Meetine of the City Council—July 11.2006—ogee 6 Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Leslie-aye,Prochaska-aye Ordinance 2006-63 Kleinwachter-Annexation (PC 2005-52) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the Kleinwachter Property,in furtherance of an Annexation Agreement with Old Second Bank Trust#8051,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Bock-aye,Leslie-aye,James-aye Munns-aye,Spears-aye Ordinance 2006-63 Kleiowachter-Remne (PC 2005.52) A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Old Second Bank Trust#8051(commonly known as the Kleinwachter Property),as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-5 Nays-0 Leslie-aye,James-aye Munns-aye,Spears-aye,Bock-aye Building Permit Report for May 2006 (EDC 2006-15) A motion was made by Alderman Munns to approve the Building Permit Report for May 2006; seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-0 Leslie-aye,James-aye Munns-aye,Spears-aye,Bock-aye Matlock Property—I%Mile Review (PC 2006-27) A motion was made by Alderman Munns to approve the area commonly known as the Matlock Development,a county development,under the City's 1'/z Mile review authority;subject to an agreement to annex to the City upon contiguity;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Leslie-aye Ordinance 2006-63 Hudson Lakes-Annexation (PC 2005-52) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly referred to as Hudson Lakes Subdivision in furtherance of an Annexation Agreement with Kendall Creek Development,LLC,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Besco-aye,Leslie-sye,Wolfer-aye,James-aye,Burd-aye,Spears-aye Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Burd-aye Resolutions 2006.59,2006-60,2006-61,2006-62 Approving the Preliminary and Final Plat of Subdivision Grande Reserve Unit 17,Unit 21,Unit 23,Unit 24 (EDC 2006-15,EDC 2006-28,EDC 2006-29&EDC 2006-30) A motion was made by Alderman Munns to approve the Preliminary and Final Plats for Grande Reserve Unit 17,Unit 2l,Unit 23 and Unit 24,all as presented subject to staff comments and legal review;seconded by Alderman James. Mayor Prochaska noted he needed to vote on this item and Alderman James questioned why. Mayor Prochaska explained that a supermajority vote was needed because the Plan Commission had a negative recommendation on Unit 17. Motion approved by a tell call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Leslie-aye,Prochaska-aye PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—July 11.2006—name 7 ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M. VITOSH, C . S . R. , on July 11 , 2006 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . �EIrD s �iC?U1Z'T` reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 - Fax 630-299-5153 www.depocourt.00m 2 1 P R E S E N T : 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES , Alderman; 4 MR. JASON LESLIE, Alderman; 5 MR . MARTY MUNNS, Alderman; 6 MR. JAMES BOCK, Alderman; 7 MS . ROSE ANN SPEARS, Alderman; 8 MR. JOHN CROIS , City Administrator; 9 MS . JACQUELYN MILSCHEWSKI , City Clerk. 10 11 A P P E A R A N C E S : 12 MR. JOHN JUSTIN WYETH, Counsel, 13 appeared on behalf of the United City of Yorkville, Illinois . 14 15 - - - - - 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630) 983-0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: I would entertain 3 a motion to go into public hearing for the 4 purpose of discussing the Richard Marker 5 Associates , Inc . ; Oak Brook Bank, as Trustee 6 under the provisions of a certain trust agreement 7 dated the 13th of September, 2005 , and known as 8 trust number 3405 ; John Robert Ament and 9 Steven L . Ament, Trustees under the Louise Marie 10 Ament Testamentary Trust created by will dated 11 November 9 , 1978 , J. Robert Ament and Jack C . 12 Weis , Trustees , under the J. Robert Ament 13 Charitable Remainder Trust dated November 3 , 14 2005, John Robert Ament and Jack C . Weis , 15 Trustees under the John Robert Ament Living Trust 16 dated October 19, 2005, and Ament I , Limited 17 Liability Company, a Wyoming Limited Liability 18 Company, in care of John Robert Ament; DBRNC, an 19 Illinois Limited Partnership, Robert J. Murst and 20 Lori L . Murst, Ann Marie Sassaman, Jean Erna 21 Ingemunson, Christopher Gabel, Karrie Rudd, and 22 Jamie Gabel , petitioners, request to annex to the 23 United City of Yorkville and rezone from Kendall 24 County A-1 Agricultural to United City of Depo Court Reporting Service ( 630 ) 983-0030 4 1 Yorkville Planned Unit Development containing R-2 2 One-Family Residence District , B-3 Service 3 Business District Planned Unit Development , and 4 for hearing as to the annexation agreement of the 5 petitioner . 6 The real property consists of 7 approximately 514 acres east of Route 47 and 8 south of Ament Road in Kendall County, Illinois . 9 MR. JAMES : So moved. 10 MR. MUNNS : Second. You are also 11 over your five-minute time limit . 12 MAYOR PROCHASKA: That ' s part of 13 doing this . Okay. We have a motion and second . 14 May we have roll call , please? 15 MS . MILSCHEWSKI : Leslie . 16 MR. LESLIE : Aye . 17 MS . MILSCHEWSKI : James . 18 MR. JAMES : Aye . 19 MS . MILSCHEWSKI : Munns . 20 MR. MUNNS : Aye . 21 MS . MILSCHEWSKI : Spears . 22 MS . SPEARS : Aye . 23 MS . MILSCHEWSKI : Bock. 24 MR. BOCK: Aye . Depo Court Reporting Service ( 630 ) 983-0030 5 1 MAYOR PROCHASKA: Motion is carried . 2 We are now in public hearing . And if you are 3 representing the petitioners , please come forward 4 and state your name for the record. 5 WHEREUPON : 6 JOHN PHILIPCHUCK, 7 testified before the Yorkville City Council as 8 follows : 9 MR. PHILIPCHUCK: Good evening . My 10 name is John Philipchuck . I am an attorney with 11 offices at 123 Water Street, Naperville, 12 Illinois , representing Richard Marker Associates , 13 the applicant . 14 The mayor read the list of the 15 owners of the property. We are petitioning to 16 enter into an annexation agreement with the 17 United City of Yorkville for the approximately 18 514 acres south of Ament Road and east of 19 Illinois Route 47 on both sides of Penman . 20 Previously the city has entered 21 into an annexation agreement with Montalbano 22 Homes on the property that lies to the northeast 23 of the subject property. 24 As mentioned in our Depo Court Reporting Service ( 630) 983-0030 6 1 application, the annexation agreement covers the 2 zoning of the residential portion, R-2 Planned 3 Development . The portions along Illinois 4 Route 47 consist of B-3 . 5 We have various types of uses 6 proposed in our agreement , such as a clubhouse 7 facility would be located there . 8 We have asked to be permitted 9 to have some various other uses , such as gasoline 10 service stations as additional permitted uses , 11 drive-up banking facilities , packaged liquor, day 12 care , nursery and preschool . 13 So we have submitted pretty 14 much the standard annexation agreement for 15 consideration by the City Council . 16 The plan has been before the 17 Plan Commission, we ' ve been before the Park 18 Board . 19 As you can see, there is an 20 extensive amount of open space within this 21 particular development , 27 percent of the land 22 area is in open space . It ' s over 139 acres of 23 property. 24 We have a school site about -- Depo Court Reporting Service ( 630 ) 983-0030 7 1 slightly under 20 acres proposed in conjunction . 2 Wheeler Road, the city has 3 planned for the extension of that particular 4 roadway. We have accommodated that in the plan . 5 Since we were before you with a 6 concept plan, we have gone back and we have added 7 some street connections at various locations to 8 facilitate emergency access between 9 neighborhoods , but as you can see, it ' s a very 10 pedestrian oriented and friendly environment with 11 various pathways that would be located in the 12 rear of the lots all connected . 13 We have over seven miles of 14 trails within the subdivision. So, in addition, 15 there will be some public parks located within 16 three locations within the development . 17 So with that, I suppose we can 18 answer questions or see if there are any public 19 comments about the annexation agreement . 20 MAYOR PROCHASKA: I would open the 21 floor at this time to anyone that would like to 22 address the Council and make testimony or ask 23 questions about this particular development . 24 (No Response) Depo Court Reporting Service ( 630 ) 983-0030 6 1 MAYOR PROCHASKA: Hearing none, I 2 would ask are there any comments or questions 3 from Council at this time . Mr . Munns? 4 MR. MUNNS : No . 5 MAYOR PROCHASKA: Alderman Spears? 6 MS . SPEARS : I have just been seeing 7 a lot of lots that are 10, 000 square feet , 8 10 , 200 , quite a few lots that I don ' t really 9 think are backing up to green space . 10 MAYOR PROCHASKA: Okay. Are they 11 backing up -- 12 MS . SPEARS : A lot of smaller lots . 13 MR. PHILIPCHUCK: The majority of 14 lots that are in that lot range do back up to 15 open space areas . 16 There may be some that are not , 17 but our average lot size is almost 11, 000 square 18 feet, but our minimum is 10 , 000 square feet . Our 19 typical lot dimensions are like 80 by 150 , Rose . 20 The density is 1 . 84 dwelling 21 units per acre , so it ' s well within the suburban 22 range . For instance, the Montalbano development 23 was approved at 1 . 9 unit per acre, so it ' s 24 slightly under the density that had previously Depo Court Reporting Service (630) 983-0030 9 1 been approved for the Montalbano development . 2 MR. MUNNS : John, follow up to that , 3 150 times 80 is 12 , 000 . Did you say your average 4 is 12 or -- 5 MR . PHILIPCHUCK: It ' s typical on 6 some of the lots that don ' t back up to open 7 space, but if you wanted to calculate those open 8 space areas into the lots, which we obviously 9 didn ' t do, then I think you would be into that 10 range, Marty. 11 MAYOR PROCHASKA: Anyone else? 12 (No Response) 13 MAYOR PROCHASKA: I notice on this 14 it doesn ' t show up, but there ' s been some 15 discussion about a piece of property to the north 16 that ' s adjacent to the water tower that would be 17 sent to the city for a possible public works 18 facility there up there . 19 MR. PHILIPCHUCK: This is a 20 location -- Yes , you are correct, that ' s been 21 identified as a possibility. 22 As you know, there are some 23 other developments that have been planned for the 24 area . There have been some discussions . Depo Court Reporting Service ( 630 ) 983-0030 10 1 I think ultimately the city 2 will decide which site works best for your 3 overall ease for ingress and egress , et cetera , 4 timing for coming online . 5 We would anticipate, if need 6 be, we could be self-sufficient with our 7 development , and so that may mean that there 8 would be a need for a well and a stand pipe on 9 the subject property as well as a temporary pump 10 station with off-site easements to be able to 11 discharge to a gravity sanitary sewer, but that 12 location, as you mentioned, Mayor, would be -- 13 would be workable . 14 MAYOR PROCHASKA: In addition -- 15 MR. CROIS : There have been some 16 discussions at staff for additional land there 17 for the city for some well and some public works 18 facilities . It was discussed with the Markers . 19 And in terms of the timing when 20 this plan was coming to Plan Commission and to 21 the board, and in terms of some additional 22 discussions and negotiations needing to be gone 23 over, it was suggested that they come forward 24 with this plan because this was what was Depo Court Reporting Service ( 630 ) 983-0030 11 1 presented to the Plan Commission, and those other 2 discussions would be on that, so there are still 3 discussions . 4 I don ' t know what you are 5 talking about, but due to timing it was felt that 6 this would be the best plan to bring forward and 7 not to show that at that point in time because of 8 the fact that it would be something a little 9 different than what the Plan Commission had seen 10 and there needs to be some more discussion 11 between staff and the Markers in terms of 12 finalizing that area . 13 MAYOR PROCHASKA: But it has been 14 discussed and talked about . 15 MR . CROIS: It has been discussed 16 and -- 17 MAYOR PROCHASKA: The city has 18 talked about having land there . 19 MR. CROIS : It has been discussed 20 and the Markers have submitted to us some 21 drawings and some plans as to what they would 22 suggest as possible siting for that site . 23 It was just that the timing was 24 not right really to bring that forward to the Depo Court Reporting Service ( 630 ) 983-0030 12 1 Plan Commission at that time . 2 MAYOR PROCHASKA: I just wanted to 3 point out that that has been a part of discussion 4 and that was in the interest of the city 5 somewhere down the road. 6 When someone asks when did we 7 first talk about it, right here at this public 8 hearing . 9 MR. PHILIPCHUCK: There is language 10 in the annexation agreement that addresses the 11 issue . 12 MAYOR PROCHASKA: Okay . Alderman -- 13 Yes . 14 MR . JAMES : The commercial property, 15 that ' s going to have access from north to south 16 with some kind of frontage road; is that right? 17 MR. PHILIPCHUCK: As you are aware , 18 the Route -- we don ' t front directly on Route 47 . 19 Commonwealth Edison owns that right-of-way that 20 they will have in along Route 47 . 21 We would need easements to 22 cross their property to get to Route 47 , that we 23 will have to negotiate with them, but we are 24 providing in development as we final plan and Depo Court Reporting Service ( 630 ) 983-0030 13 1 plat that there will be like an access drive that 2 will run through all of the commercial properties 3 so that you will be able to go from one to the 4 other without coming out on Route 47 . 5 MR. JAMES : That was my answer . 6 MR . PHILIPCHUCK: And then the 7 family had asked that we make sure that there be 8 a point that they can gain access through our 9 site also, and we have shown that that is a 10 potential public street in that location . 11 MAYOR PROCHASKA: Anyone else? 12 (No Response) 13 MAYOR PROCHASKA: Hearing no further 14 comment, I would entertain a motion to close the 15 public hearing . 16 MR. MUNNS : So moved. 17 MS . SPEARS : Seconded. 18 MAYOR PROCHASKA: Moved and 19 seconded . May I have roll call, please? 20 MS . MILSCHEWSKI : Leslie . 21 MR. LESLIE: Aye . 22 MS . MILSCHEWSKI : James . 23 MR. JAMES : Aye . 24 MS . MILSCHEWSKI : Munns . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MR. MUNNS : Aye . 2 MS . MILSCHEWSKI : Spears . 3 MS . SPEARS : Aye . 4 MS . MILSCHEWSKI : Bock. 5 MR. BOCK: Aye . 6 MAYOR PROCHASKA: Motion is carried . 7 Moving on, next public hearing is for the Bristol 8 Ridge, LLC, and Standard Bank. 9 I would entertain a motion to 10 go into public hearing to discuss the Bristol 11 Ridge, LLC, Standard Bank & Trust Company 12 No . 18745 , petitioners , request to annex to the 13 United City of Yorkville and rezone from Kendall 14 County A-1 Agricultural to United City of 15 Yorkville containing R-2 One-Family Residence 16 District, R-3 General Residence District, and for 17 hearing as to the annexation agreement of IB petitioner . 19 The real property consists of 20 approximately 190 acres east and west of 21 Cannonball Trail approximately one-quarter mile 22 south of Galena Road in Kendall County, Illinois . 23 MR. BOCK: So moved. 24 MAYOR PROCHASKA: Moved. Depo Court Reporting Service ( 630 ) 983-0030 15 1 MR. JAMES : Second. 2 MAYOR PROCHASKA: And seconded . May 3 I have roll call , please? 4 MS . MILSCHEWSKI : James . 5 MR. JAMES : Aye . 6 MS . MILSCHEWSKI : Leslie . 7 MR. LESLIE: Aye . 8 MS . MILSCHEWSKI : Munns . 9 MR. MUNNS : Aye . 10 MS . MILSCHEWSKI : Bock . 11 MR. BOCK: Aye . 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MAYOR PROCHASKA: Motion is carried . 15 We are now in public hearing . 16 And would you come forward and 17 state your name for the record? 18 WHEREUPON : 19 KEVIN CARRARA, 20 testified before the Yorkville City Council as 21 follows : 22 MR. CARRARA: Good evening . My name 23 is Kevin Carrara from the law firm of Rathje & 24 Woodward in Wheaton, Illinois , and I represent Depo Court Reporting Service ( 630 ) 983-0030 16 1 the petitioner in this matter . 2 I ' ll let my colleagues go ahead 3 and try to set up their presentation and I ' ll go 4 ahead and -- as well as you can see , we are 5 handing out a revised copy of the plan from the 6 west side to bring everybody into focus . 7 This property is generally 8 located east and west of Cannnonball Trail and 9 south of Galena . 10 There are two portions really 11 that we are looking at today, actually the 12 east -- west side that has all single-family, 13 then the east side of the road is a combination 14 of single-family, townhomes and duplexes . 15 The reason we have that revised 16 plan in front of you is there was some comments 17 that we received at the Plan Commission and we 18 went ahead and -- we couldn ' t get them in on our 19 big board, so we wanted to show the comments 20 being on that draft copy that we have for you . 21 I ' ll go ahead and briefly just 22 go ahead through a few of those while we wait for 23 the computer system to come online . 24 If you look on the southwest Depo Court Reporting Service ( 630 ) 983-0030 17 1 corner, there is kind of an L-shaped portion of 2 that plan. There was some concern from some of 3 the neighbors in that part of the area that 4 that ' s an open field in their back yard and they 5 were concerned that there wouldn ' t be a way of 6 identifying back yard as to their yards . 7 They were concerned that our 8 subdivision people would kind of keep encroaching 9 into their farm field, so what we have agreed to 10 do is we have included a 15-foot landscape 11 easement 117 through 131 , and we are going to 12 work with the village staff in the final 13 engineering phases to determine the best method 14 of screening to prevent that line from getting 15 blurred, so there will be a clear demarcation 16 between our subdivision lot lines and the owners 17 to the west of us . 18 Additionally, what we 19 identified is -- you don ' t really see it, but 20 it ' s Lot 132 -- there was some concerns out of 21 staff comments as we went back and forth that 22 until that north road, which is -- or the Westing 23 Road, which is street C, is ultimately connected 24 to some future development, the west side of this Depo Court Reporting Service ( 630 ) 983-0030 18 1 development only would have one access point for 2 emergency vehicles . 3 Recognizing that that was a 4 concern, what we ' ve agreed to do is impose an 5 emergency access easement over lot 132 until 6 street C ultimately connects to something, so 7 that way fire and police would have an ability to 8 get into this subdivision should they not be able 9 to get in off of Cannonball Trail , and that is 10 specifically pointed out in our annexation 11 agreement , that that lot cannot be used until 12 street C is ultimately connected to something to 13 the west . 14 As you can see, this is just a 15 general overview of what I mentioned. It kind of 16 gives you an idea of what the surrounding 17 property zonings are . 18 As you are aware, to the 19 northwest of us is the Bristol Bay regional 20 detention system that is part of their complex . 21 Then to the south of us and west of us we have 22 the town of Bristol . 23 To the immediate south of us we 24 have the Commonwealth Edison right-of-way, the Depo Court Reporting Service ( 630 ) 983-0030 19 1 train tracks , the industrial areas of Bristol , 2 and then to the east of us we have residential, 3 which is future planned residential , then across 4 that Blackberry Creek is the area park . 5 As we go forward we ' ll explain 6 how our trail system connects ultimately in the 7 future hopefully to that park system to allow the 8 village to go ahead and continue to grow that 9 system. 10 This is just a basic chart that 11 we use when we first start the process . Really 12 when we are designing where we are going to put 13 our detention ponds on our property, we go ahead 14 and use this chart . 15 The blue arrows depict the 16 current flow of water currently as they are on 17 site, then you have the high points , then you 18 have the low points . 19 It ' s obviously a little easier 20 on this property indicating the low points . The 21 brown X ' s you can see, it ' s a darker shade of 22 green, the red are the high sides, and this shows 23 our overall development on both sides of the 24 road. Depo Court Reporting Service ( 630 ) 983-0030 20 1 As I mentioned before , the west 2 side is all single-family, the east side is a 3 combination of townhouses to the north, and those 4 townhouses to the north abut the previously 5 approved Bristol Bay project , and then we have a 6 6 . 1 acre park that we have undecided, and we have 7 met with the parks and they are happy with that 8 site, so we ' re very agreeable to that . 9 Then we come into our 10 single-family houses to the south again, and that 11 would be the pink shade , or some people say it ' s 12 salmon . Those are our duplexes that kind of 13 buffer that southern detention basin that we 14 have . 15 As part of the staff comments 16 and part of our intention to help the city 17 connect its future and combining the city-wide 18 bike trail , as you can see on that red dashed 19 line coming from the west -- and, again, the 20 reason we have it coming from the west is about 21 one parcel down or two parcels down there is a 22 previously approved annexation agreement that 23 would also have another trail system that would 24 connect to that , and also we would feel that Depo Court Reporting Service ( 630 ) 983-0030 21 1 would somehow be able to work into the regional 2 detention system that the city is working on . 3 And then to the south you see 4 the red hash mark coming out of our subdivision, 5 and again, we ' ve got our bike trail coming out of 6 there for two purposes ; one , staff and we decided 7 that we ' re going to have some people that are 8 going to want to get down to the Bristol school 9 that ' s down in that area, so we figured the 10 easiest way to do that would be provide a path 11 trail system coming out of our property 12 connecting up to I believe it ' s Cherry Lane , then 13 connect to the school . 14 You can also see it also 15 connects to the east and connects to what will 16 ultimately be the regional path system along 17 Cannonball Trail . 18 And now we ' ll go ahead and jump 19 over to the west -- or east side, excuse me , and 20 you can see along our park -- park on the south 21 side of that street we have the necessary trail 22 system again connecting towards the east . 23 If you can go one more slide , 24 that ' s going to show and you can see that goes Depo Court Reporting Service ( 630 ) 983-0030 22 1 all the way to the east property line of our 2 parcel , and, again, anticipating the property to 3 our east developing at some point in the future , 4 we have made plans for that trail to connect at 5 that point, which logically I think from our 6 discussions with staff, their hope is at some 7 point to get that trail system over to the 8 regional park on the east side of Blackberry 9 Creek, so we will try and help facilitate that as 10 we go forward. 11 Again, that ' s just our overall 12 picture again . We can see the bike trail system 13 is in there . 14 As a starting point -- I don ' t 15 think I mentioned it at the beginning -- there 16 are 420 total units on this -- on this project as 17 a total . We have 271 single-family units , 57 18 townhome units and 92 duplex units . 19 Our average single-family lot 20 size in this development is 14 , 270 and our 21 smallest is 12 , 000 square feet . 22 We aren ' t seeking any -- I 23 correct that . We are seeking two deviations from 24 your subdivision ordinance and our annexation Depo Court Reporting Service ( 630 ) 983-0030 23 1 agreement . 2 One of those is the lot length, 3 and that ' s -- on the west side you can see as you 4 are coming up Cannonball it kind of Y' s out and 5 then goes to the streets to the west . 6 Our original plan had where we 7 have that bike path to the south and we had an 8 access street to consider for future connection 9 points , but because of some concerns from 10 residents in Bristol and staff, we took that 11 street out and just had the bike path . 12 Because we took that street 13 out , that makes that street too long in your 14 subdivision ordinance by its length, so we are 15 seeking a minor deviation from that aspect . 16 And then the other deviation is 17 for the cul-de-sac length on the north side . 18 One other thing I think -- I 19 forgot to mention on that revised plan that you 20 see there, on this plan we do have a green 21 pathway going up to the regional detention, not 22 on that far west detention basin. 23 Through discussions we have 24 determined that that pathway would be better put Depo Court Reporting Service ( 630) 983-0030 24 1 over by that western detention basin , and you 2 will see that on your new plan that you have in 3 front of you . 4 That ' s really all we have at 5 this point . I have all our experts here . If any 6 of the aldermen have any questions , we will be 7 more than happy to address any concerns that 8 anyone has . 9 MAYOR PROCHASKA: At this time I ' d 10 open the floor . Is there anyone who would like 11 to address the City Council , give testimony for 12 the City Council? Please come forward, state 13 your name for the record . 14 WHEREUPON : 15 JANET KENYON, 16 testified before the Yorkville City Council as 17 follows : 18 MS . KENYON : Good evening . My name 19 is Janet Kenyon and I received a certified letter 20 that came about the last public hearing . I was 21 not able to be at that meeting; however , I have 22 asked a few questions , I have tried to get some 23 additional information . 24 I had the opportunity to read Depo Court Reporting Service ( 630 ) 983-0030 25 1 the information in the Record that was presented 2 on June 22nd . 3 I happen to live I guess in one 4 of the very few lots in Woods of Blackberry Oaks 5 that must be within a -- 6 MAYOR PROCHASKA: Distance . 7 MS . KENYON : -- closest distance to 8 the property. I am very disappointed that there 9 were a small number of us in our subdivision that 10 were notified. 11 I understand the procedures , 12 but I am disappointed that only a very few of us 13 were notified. 14 Many don ' t know that this is 15 actually a letter of certified mail that has come 16 to a very few of us . 17 I have been gathering some of 18 my own thoughts and some of my feelings . I do 19 wish to be a good neighbor . I am as a small 20 number as Bristol is small compared to Yorkville, 21 Montgomery and Oswego ; however, I do contribute a 22 generous tax support to some of the facilities 23 and uses and operations that are under the 24 umbrella of Yorkville, Kendall County, and my Depo Court Reporting Service ( 630 ) 983-0030 26 1 small township of Bristol . 2 I ' ve been a resident only 13 3 years ; however, I came this direction because of 4 what it had to offer . It had offered me the 5 opportunity to have a quiet community; it offered 6 me the opportunity to have a bit of space . 7 I now spend more of my life in 8 traffic than I do functioning in trying to run 9 some of the errands that I have . 10 I take challenge to the 11 statement in the newspaper that indicates that 12 maybe 25 to 40 additional cars will travel those 13 roads to go out of that subdivision to that 14 increased population . 15 That means most of those people 16 won ' t be going to work and coming home from work. 17 I challenge that because I don ' t think that would 18 be the case with 420 additional homes or 19 dwellings . 20 I realize that everyone ' s here 21 to do their job . Many are here to advocate for 22 additional growth opportunities . I am in the 23 minority on that I suppose . I am looking to have 24 less growth . Depo Court Reporting Service ( 630 ) 983-0030 i 27 1 The number of vehicles that 2 will travel those roads , the accesses that are 3 limited that people will be on those two-lane 4 roads , the pending water park, which sounds like 5 fun, but if you are bringing 3 , 000 more cars , 6 they ' ll have to drive on some road . 7 One morning it took me one hour 8 to go from my driveway to the intersection of 9 Route 30 and Orchard Road. 10 It is not an easy commute out 11 of Bristol to any place . I liken this to the 12 bully effect, gathering all the marbles -- in 13 this case, it ' s the natural resources, it ' s the 14 water, the noise, the green space , the air, all 15 of those things that need to be left for nature . 16 Let ' s not look at quantity, let ' s look at 17 quality. 16 I drive down this lovely street 19 of Game Farm Road . There are beautiful homes 20 with sizable lots . That is why people came to 21 this area . 22 The rigorous growth, it ' s here . 23 I never anticipated that the growth would come as 24 fast as it has come . Depo Court Reporting Service ( 630 ) 983-0030 28 1 I challenge you as City Council 2 members to be remembered for quality and not 3 showing this growth explosion and taking all the 4 resources for small, crowded neighborhoods . 5 There is a saying, less is 6 more . I realize that we all have a job to do , 7 but in this case that is too many dwellings to 8 encroach upon that space in addition to Grande 9 Reserve and all of the others that have already 10 been approved . 11 I realize this is about 12 annexation, but the picture is bigger than that . 13 Thank you for your time . 14 MAYOR PROCHASKA: Is there any other 15 comments from the audience? 16 (No Response ) 17 MAYOR PROCHASKA: Are there comments 18 from the City Council? 19 MR. JAMES : Yeah . On the bike trail 20 I notice that some of the paths that you mention 21 on here that they are just eight-foot and I was 22 just wondering if they have talked with the park 23 board, because the park board usually recommends 24 that they are ten foot for the remaining arteries Depo Court Reporting Service ( 630 ) 983-0030 29 1 of the bike trail , and then if it ' s something 2 that ' s just within the subdivision, just, you 3 know, an extension going into it , then they are 4 usually looking at like a six-foot or an eight 5 foot for the trails there . But the main bike 6 path, what their standard is , is ten foot . 7 MR . CARRARA: We ' ll go ahead -- any 8 of the ones that need to be ten feet , we ' ll make 9 them ten feet, and if the internals need to be 10 eight feet, we ' ll make them eight feet . We have 11 no problem complying . 12 MAYOR PROCHASKA: Anyone else? Yes, 13 Rose . 14 MS . SPEARS : In reviewing the Park 15 Commission ' s notes , they were quite concerned 16 with the school site being located next to 17 railroad tracks and power lines , and I have that 18 concern also . 19 MR. CARRARA: We no longer have a 20 school site on this property. 21 MS . SPEARS : There is no school 22 site? 23 MR. CARRARA: No . The school 24 department -- school district has decided that Depo Court Reporting Service ( 630) 983-0030 30 1 they do not want a school site on this property . 2 We will be doing cash in lieu of . 3 I think Staff should have a 4 letter in your file to that effect . If you 5 don ' t, we will make sure you do . Do you have it? 6 MR. MILLER: Yes , there is a letter 7 from Dr . Engler in the file . The proximity came 8 down to the all the upkeep and just to the north 9 and west of this with the new facility proposed 10 for Centex . 11 I think early on when this 12 concept came in there was some question on the 13 Centex location, which was why land was asked 14 for . That ' s since been resolved with Centex, so 15 the school has asked for a cash contribution in 16 lieu of land in this particular development . 17 MS . SPEARS : Could the Council 18 receive a copy of that letter as well so we can 19 keep it altogether? PO MR . MILLER: Absolutely. And that 21 will be part of the Staff report that will be 22 copied to you when this comes forward for 23 consideration . 24 MS . SPEARS : Okay . Thank you . Depo Court Reporting Service ( 630) 983-0030 31 1 MAYOR PROCHASKA: Anything else? 2 MS . SPEARS : No . 3 MAYOR PROCHASKA: I just wanted to 4 address one of the questions that was asked about 5 the notice, and just to remind everyone , that it 6 is by the City of Yorkville ' s ordinance that we 7 require all developers to notice property owners 8 within 500 feet of their property. It is not a 9 state law, it ' s -- there is no statute to that . 10 The statute only requires that 11 they publish notice, but the city requires one 12 step beyond that, which is that any property 13 owner within 500 feet must receive a certified 14 letter, so obviously some people will get it and 15 some people won ' t . 16 If you are within 500 feet, you 17 will get a letter of notification, so just to 18 answer your question, that is because we do 19 require above and beyond what the statute is for 20 that . 21 MS . KENYON: Could I get a copy of 22 this? I did call the Yorkville office and asked 23 and they said the only way I could get anything 24 was to come in and look at it . Depo Court Reporting Service ( 630 ) 983-0030 32 1 I ' d like to request a copy of 2 that and the presentation slides , which I didn ' t 3 realize they were on that screen, because I was 4 sitting here . I thought you were looking at 5 the -- 6 MR. CARRARA: We ' ll be happy to 7 provide that . Anything was just the slides . You 8 did not see anything on the board that was not on 9 the screen . We ' d be happy to give that to you . 10 If you could leave us your name and address, 11 we ' ll get to that to you . 12 MS . KENYON : I believe you have it 13 already . Thank you. 14 MAYOR PROCHASKA: Hearing no further 15 discussion, I would entertain a motion to close 16 this public hearing. 17 MR . BOCK: So moved . 18 MS . SPEARS : Second . 19 MAYOR PROCHASKA: Moved and 20 seconded . May I have roll call, please? 21 MS . MILSCHEWSKI : James . 22 MR. JAMES : Aye . 23 MS . MILSCHEWSKI : Leslie . 24 MR. LESLIE : Aye . Depo Court Reporting Service ( 630 ) 983-0030 33 1 MS . MILSCHEWSKI : Munns . 2 MR. MUNNS : Aye . 3 MS . MILSCHEWSKI : Bock. 4 MR. BOCK: Aye . 5 MS . MILSCHEWSKI : Spears . 6 MS . SPEAR: Aye . 7 MAYOR PROCHASKA: Motion is carried . 8 The public hearing is closed. 9 (Which were all the 10 proceedings had in 11 the public hearing. ) 12 ---000--- 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 34 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 hand-;this day of i 16 — ir J -----' 2 0 0 6 . 17 18 19 Z6 CHRISTINE M. VITOSH, C.S.R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 35 084-002883 34:24 < A> 2:5, 2:6, 2:7, 8:5, 4:22, 4:24, 13:21, 1.84 8:20 A-1 3:24, 14:14 12:12 13:23, 14:1, 14:3, 1.9 8:23 ability 18:7 aldermen 24:6 14:5, 15:5, 15:7, 10,000 8:7, 8:7, 8:18, able 10:10, 13:3, Allegiance 3:1 15:9, 15:11, 15:13, 8:18 18:8, 21:1, 24:21 allow 19:7 32:22, 32:24, 33:2, 10,20 8:8, 8:8 above 31:19 almost 8:17 33:4, 33:6 11,000 8:17, 8:17 above-entitled 1:7 already 28:9, 32:13 117 17:11 Absolutely 30:20 altogether 30:19 12 9:4 abut 20:4 Ament 3:8, 3:9, 3:10, < B > 12,000 9:3, 9:3, access 7:8, 12:15, 3:11, 3:12, 3:14, B-3 4:2, 6:4 22:21, 22:21 13:1, 13:8, 18:1, 3:15, 3:16, 3:18, 4:8, back 7:6, 8:14, 9:6, 123 5:11 18:5, 23:8 5:18 17:4, 17:6, 17:21 13 17:11, 26:2 accesses 27:2 amount 6:20 backing 8:9, 8:11 132 17:20, 18:5 accommodated 7:4 Ann 2:7, 3:20 Bank 3:5, 14:8, 139 6:22 acre 8:21, 8:23, 20:6 annex 3:22, 14:12 14:11 13th 3:7 acres 4:7, 5:18, annexation 4:4, banking 6:11 14,270 22:20, 22:20 6:22, 7:1, 14:20 5:16, 5:21, 6:1, 6:14, basic 19:10 15 8:19 across 19:3 7:19, 12:10, 14:17, basin 20:13, 23:22, 15-foot 17:10 actually 16:11, 25:15 18:10, 20:22, 22:24, 24:1 150 9:3 added 7:6 28:12 Bay 18:19, 20:5 1874 14:12 addition 7:14, 10:14, answer 7:18, 13:5, beautiful 27:19 190 14:20 28:8 31:18 beginning 22:15 20 7:1 additional 6:10, anticipate 10:5 behalf 2:14 2006. 34:18 10:16, 10:21, 24:23, anticipated 27:23 believe 21:12, 32:12 22nd 25:2 26:12, 26:18, 26:22 anticipating 22:2 best 10:2, 11:6, 25 26:12 Additionally 17:18 appeared 2:14 17:13 27 6:21 address 7:22, 24:7, applicant 5:13 better 23:24 271 22:17 24:11, 31:4, 32:10 application 6:1 beyond 31:12, 31:19 3,000 27:5, 27:5 addresses 12:10 approved 8:23, 9:1, big 16:19 30 27:9 adjacent 9:16 20:5, 20:22, 28:10 bigger 28:12 3405 3:8 Administrator 2:8 approximately 4:7, bike 20:18, 21:5, 4 12:22 advocate 26:21 5:17, 14:20, 14:21 22:12, 23:7, 23:11, 40 26:12 aforesaid 34:14 area 6:22, 9:24, 28:19, 29:1, 29:5 420 22:16, 26:18 agreeable 20:8 11:12, 17:3, 19:4, bit 26:6 47 4:7, 5:19, 6:4, agreed 17:9, 18:4 21:9, 27:21 Blackberry 19:4, 12:18, 12:20 agreement 3:6, 4:4, areas 8:15, 9:8, 19:1 22:8, 25:4 47. 13:4 5:16, 5:21, 6:1, 6:6, arrows 19:15 blue 19:15 500 31:8, 31:13, 6:14, 7:19, 12:10, arteries 28:24 blurred 17:15 31:16 14:17, 18:11, 20:22, ARTHUR 2:2 Board 6:18, 10:21, 514 4:7, 5:18 23:1 asks 12:6 16:19, 28:23, 28:23, 57 22:17 Agricultural 3:24, aspect 23:15 32:8 6.1 20:6 14:14 Associates 3:5, 5:12 BOCK 2:6, 4:23, 7:00 1:9, 1:9 ahead 16:2, 16:4, attorney 5:10 4:24, 14:4, 14:5, 80 8:19, 9:3 16:18, 16:21, 16:22, audience 28:15 14:23, 15:10, 15:11, 800 1:9 19:8, 19:13, 21:18, average 8:17, 9:3, 32:17, 33:3, 33:4 92 22:18 29:7 22:19 briefly 16:21 air 27:14 aware 12:17, 18:18 bring 11:6, 11:24, Alderman 2:3, 2:4, Aye 4:16, 4:18, 4:20, 16:6 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 36 bringing 27:5 6:15, 7:2, 9:17, 10:1, conjunction 7:1 Bristol 14:7, 14:10, 10:17, 11:17, 12:4, connect 20:17, 18:19, 18:22, 19:1, 14:13, 14:14, 15:20, 20:24, 21:13, 22:4 < D > 20:5, 21:8, 23:10, 20:16, 21:2, 24:11, connected 7:12, darker 19:21 25:20, 26:1, 27:11 24:12, 24:16, 28:1, 17:23, 18:12 dashed 20:18 Brook 3:5 28:18, 31:6, 31:11 connecting 21:12, dated 3:7, 3:10, brown 19:21 city-wide 20:17 21:22 3:13, 3:16 buffer 20:13 clear 17:15 connection 23:8 day 6:11, 34:17 bully 27:12 Clerk 2:9 connections 7:7 DBRNC 3:18 Business 4:3, 34:8 close 13:14, 32:15 connects 18:6, 19:6, decide 10:2 closed 33:8 21:15, 21:15 decided 21:6, 29:24 closest 25:7 consider 23:8 demarcation 17:15 < C > clubhouse 6:6 consideration 6:15, density 8:20, 8:24 C. 3:11, 3:14 colleagues 16:2 30:23 department 29:24 C.S.R. 1:8, 34:23 combination 16:13, consist 6:4 depict 19:15 calculate 9:7 20:3 consists 4:6, 14:19 designing 19:12 call 4:14, 13:19, combining 20:17 containing 4:1, detention 18:20, 15:3, 31:22, 32:20 comes 30:22 14:15 19:13, 20:13, 21:2, Cannnonball 16:8 coming 10:4, 10:20, contains 34:14 23:21, 23:22, 24:1 Cannonball 14:21, 13:4, 20:19, 20:20, continue 19:8 determine 17:13 18:9, 21:17, 23:4 21:4, 21:5, 21:11, contribute 25:21 determined 23:24 care 3:18, 6:12 23:4, 26:16 contribution 30:15 developers 31:7 CARRARA 15:19, comment 13:14 copied 30:22 developing 22:3 15:22, 15:23, 29:7, comments 7:19, 8:2, copy 16:5, 16:20, Development 4:1, 29:19, 29:23, 32:6 16:16, 16:19, 17:21, 30:18, 31:21, 32:1 4:3, 6:3, 6:21, 7:16, carried 5:1, 14:6, 20:15, 28:15, 28:17 corner 17:1 7:23, 8:22, 9:1, 10:7, 15:14, 33:7 commercial 12:14, correct 9:20, 22:23, 12:24, 17:24, 18:1, cars 26:12, 27:5 13:2 34:13 19:23, 22:20, 30:16 case 26:18, 27:13, Commission 6:17, Council 1:1, 5:7, developments 9:23 28:7 10:20, 11:1, 11:9, 6:15, 7:22, 8:3, deviation 23:15, cash 30:2, 30:15 12:1, 16:17, 29:15 15:20, 24:11, 24:12, 23:16 Centex 30:10, 30:13, Commonwealth 24:16, 28:1, 28:18, deviations 22:23 30:14 12:19, 18:24 30:17 different 11:9 certain 3:6 community 26:5 Counsel 2:13 dimensions 8:19 Certified 24:19, commute 27:10 COUNTY 3:24, 4:8, direction 26:3 25:15, 31:13, 34:7 Company 3:17, 3:18, 14:14, 14:22, 25:24, directly 12:18 cetera 10:3 14:11 34:3 disappointed 25:8, challenge 26:10, compared 25:20 covers 6:1 25:12 26:17, 28:1 complex 18:20 created 3:10 discharge 10:11 Charitable 3:13 complying 29:11 Creek 19:4, 22:9 discuss 14:10 chart 19:10, 19:14 computer 16:23 CROIS 2:8, 10:15, discussed 10:18, Cherry 21:12 concept 7:6, 30:12 11:15, 11:19 11:14, 11:15, 11:19 CHRISTINE 1:8, concern 17:2, 18:4, cross 12:22 discussing 3:4 34:6, 34:23 29:18 crowded 28:4 discussion 9:15, Christopher 3:21 concerned 17:5, CSR 34:24 11:10, 12:3, 32:15 City 1:1, 1:2, 1:10, 17:7, 29:15 cul-de-sac 23:17 discussions 9:24, 2:8, 2:9, 2:15, 3:23, concerns 17:20, current 19:16 10:16, 10:22, 11:2, 3:24, 5:7, 5:17, 5:20, 23:9, 24:7 currently 19:16 11:3, 22:6, 23:23 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 37 Distance 25:6, 25:7 encroaching 17:8 figured 21:9 getting 17:14 District 4:2, 4:3, engineering 17:13 file 30:4, 30:7 give 24:11, 32:9 14:16, 14:16, 29:24 Engler 30:7 final 12:24, 17:12 gives 18:16 doing 4:13, 30:2, enter 5:16 finalizing 11:12 Grande 28:8 34:8 entered 5:20 fire 18:7 gravity 10:11 down 12:5, 20:21, entertain 3:2, 13:14, firm 15:23 green 8:9, 19:22, 20:21, 21:8, 21:9, 14:9, 32:15 first 12:7, 19:11, 23:20, 27:14 27:18, 30:8 environment 7:10 34:6 grow 19:8 draft 16:20 Erna 3:20 five-minute 4:11 growth 26:22, 26:24, drawings 11:21 errands 26:9 floor 7:21, 24:10 27:22, 27:23, 28:3 drive 13:1, 27:6, et 10:3 flow 19:16 guess 25:3 27:18 evening 5:9, 15:22, focus 16:6 drive-up 6:11 24:18 follow 9:2 driveway 27:8 everybody 16:6 follows 5:8, 15:21, < H > due 11:5 everyone 26:20, 24:17 hand 34:17 duly 34:6 31:5 foot 28:24, 29:5, handing 16:5 duplex 22:18 excuse 21:19 29:6 happen 25:3 duplexes 16:14, experts 24:5 foregoing 34:11, happy 20:7, 24:7, 20:12 explain 19:5 34:12 32:6, 32:9 dwelling 8:20 explosion 28:3 forgot 23:19 hash 21:4 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16:9 < 1 > effect 27:12, 30:4 22:21, 29:8, 29:9, Game 1:9, 27:19 idea 18:16 egress 10:3 29:10, 29:10, 31:8, gasoline 6:9 identified 9:21, eight 29:4, 29:10, 31:13, 31:16 gathering 25:17, 17:19 29:10 felt 11:5 27:12 identifying 17:6 eight-foot 28:21 few 8:8, 16:22, General 14:16, Illinois 1:2, 1:10, emergency 7:8, 24:22, 25:4, 25:12, 18:15 2:15, 3:19, 4:8, 5:12, 18:2, 18:5 25:16 generally 16:7 5:19, 6:3, 14:22, encroach 28:8 field 17:4, 17:9 generous 25:22 15:24, 34:1, 34:9 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 38 immediate 18:23 24:18, 24:19, 25:7, Living 3:15 25:6, 28:14, 28:17, impose 18:4 31:21, 32:12 LLC 14:8, 14:11 29:12, 31:1, 31:3, Inc. 3:5 Kevin 15:19, 15:23 located 6:7, 7:11, 32:14, 32:19, 33:7 included 17:10 kind 12:16, 17:1, 7:15, 16:8, 29:16 mean 10:7 increased 26:14 17:8, 18:15, 20:12, location 9:20, 10:12, means 26:15 indicates 26:11 23:4 13:10, 30:13 MEETING 1:1, 1:6, indicating 19:20 known 3:7 locations 7:7, 7:16 24:21 industrial 19:1 logically 22:5 members 28:2 information 24:23, long 23:13 mention 23:19, 25:1 < L > longer 29:19 28:20 Ingemunson 3:21 L-shaped 17:1 look 16:24, 27:16, mentioned 5:24, ingress 10:3 L. 3:9, 3:20 27:16, 31:24 10:12, 18:15, 20:1, instance 8:22 land 6:21, 10:16, looking 16:11, 22:15 intention 20:16 11:18, 30:13, 30:16 26:23, 29:4, 32:4 met 20:7 interest 12:4 landscape 17:10 Lori 3:20 method 17:13 internals 29:9 Lane 21:12 Lot 8:7, 8:12, 8:14, mile 14:21 intersection 27:8 language 12:9 8:17, 8:19, 17:16, miles 7:13 issue 12:11 LASALLE 34:3 17:20, 18:5, 18:11, MILLER 30:6, 30:20 last 24:20 22:19, 23:2 MILSCHEWSKI 2:9, law 15:23, 31:9 lots 7:12, 8:7, 8:8, 4:15, 4:17, 4:19, < J > leave 32:10 8:12, 8:14, 9:6, 9:8, 4:21, 4:23, 13:20, J. 3:11, 3:12, 3:19 left 27:15 25:4, 27:20 13:22, 13:24, 14:2, Jack 3:11, 3:14 length 23:2, 23:14, Louise 3:9 14:4, 15:4, 15:6, JACQUELYN 2:9 23:17 lovely 27:18 15:8, 15:10, 15:12, JAMES 2:3, 2:6, 4:9, LESLIE 2:4, 4:15, low 19:18, 19:20 32:21, 32:23, 33:1, 4:17, 4:18, 12:14, 4:16, 13:20, 13:21, 33:3, 33:5 13:5, 13:22, 13:23, 15:6, 15:7, 32:23, minimum 8:18 15:1, 15:4, 15:5, 32:24 < M > minor 23:15 28:19, 32:21, 32:22 less 26:24, 28:5 M. 1:8, 34:6, 34:23 minority 26:23 Jamie 3:22 letter 24:19, 25:15, mail 25:15 Montalbano 5:21, Janet 24:15, 24:19 30:4, 30:6, 30:18, main 29:5 8:22, 9:1 JASON 2:4 31:14, 31:17 majority 8:13 Montgomery 25:21 Jean 3:20 Liability 3:17, 3:17 marbles 27:12 morning 27:7 job 26:21, 28:6 License 34:24 Marie 3:9, 3:20 Motion 3:3, 4:13, John 2:8, 2:13, 3:8, lies 5:22 mark 21:4 5:1, 13:14, 14:6, 3:14, 3:15, 3:18, 5:6, lieu 30:2, 30:16 Marker 3:4, 5:12 14:9, 15:14, 32:15, 5:10, 9:2 life 26:7 Markers 10:18, 33:7 jump 21:18 liken 27:11 11:11, 11:20 Moved 4:9, 13:16, June 25:2 limit 4:11 Marty 2:5, 9:10 13:18, 14:23, 14:24, JUSTIN 2:13 Limited 3:16, 3:17, matter 1:7, 16:1 32:17, 32:19 3:19, 27:3 MAYOR 2:2, 3:2, Moving 14:7 line 17:14, 20:19, 4:12, 5:1, 5:14, 7:20, MS 2:7, 2:9, 4:15, < K> 22:1 8:1, 8:5, 8:10, 9:11, 4:17, 4:19, 4:21, Karrie 3:21 lines 17:16, 29:17 9:13, 10:12, 10:14, 4:22, 4:23, 8:6, 8:12, keep 17:8, 30:19 liquor 6:11 11:13, 11:17, 12:2, 13:17, 13:20, 13:22, Kendall 3:23, 4:8, list 5:14 12:12, 13:11, 13:13, 13:24, 14:2, 14:3, 14:13, 14:22, 25:24 little 11:8, 19:19 13:18, 14:6, 14:24, 14:4, 15:4, 15:6, KENYON 24:15, live 25:3 15:2, 15:14, 24:9, 15:8, 15:10, 15:12, Depo court Reporting Service ( 630 ) 983-0030 July 11 , 2006 39 15:13, 24:18, 25:7, notification 31:17 owners 5:15, 17:16, piece 9:15 29:14, 29:21, 30:17, notified 25:10, 25:13 31:7 pink 20:11 30:24, 31:2, 31:21, number 3:8, 25:9, owns 12:19 pipe 10:8 32:12, 32:18, 32:21, 25:20, 27:1 place 27:11 32:23, 33:1, 33:3, nursery 6:12 Plan 6:16, 6:17, 7:4, 33:5, 33:6 < P > 7:6, 10:20, 10:20, MUNNS 2:5, 4:10, P.M. 1:9 10:24, 11:1, 11:6, 4:19, 4:20, 8:3, 8:4, < 0 > packaged 6:11 11:9, 12:1, 12:24, 9:2, 13:16, 13:24, Oak 3:5 parcel 20:21, 22:2 16:5, 16:16, 16:17, 14:1, 15:8, 15:9, Oaks 25:4 parcels 20:21 17:2, 23:6, 23:19, 33:1, 33:2 oath 34:7 Park 6:17, 19:4, 23:20, 24:2 Murst 3:19, 3:20 obviously 9:8, 19:7, 20:6, 21:20, Planned 4:1, 4:3, 19:19, 31:14 21:20, 22:8, 27:4, 6:2, 7:3, 9:23, 19:3 off-site 10:10 28:22, 28:23, 29:14 plans 11:21, 22:4 < N > offer 26:4 parks 7:15, 20:7 plat 13:1 name 5:4, 5:10, offered 26:4, 26:5 part 4:12, 12:3, 17:3, Please 4:14, 5:3, 15:17, 15:22, 24:13, office 31:22 18:20, 20:15, 20:16, 13:19, 15:3, 24:12, 24:18, 32:10 offices 5:11 30:21 32:20 Naperville 5:11 Okay 4:13, 8:10, particular 6:21, 7:3, Pledge 3:1 natural 27:13 12:12, 30:24 7:23, 30:16 poin 22:5 nature 27:15 One 13:3, 18:1, Partnership 3:19 point 11:7, 12:3, necessary 21:21 20:21, 21:23, 23:2, path 21:10, 21:16, 13:8, 18:1, 22:3, need 10:5, 10:8, 23:18, 25:3, 27:7, 23:7, 23:11, 29:6 22:7, 22:14, 24:5 12:21, 27:15, 29:8, 27:7, 31:4, 31:11 paths 28:20 pointed 18:10 29:9 One-family 4:2, pathway 23:21, points 19:17, 19:18, needing 10:22 14:15 23:24 19:20, 23:9 needs 11:10 one-quarter 14:21 pathways 7:11 police 18:7 negotiate 12:23 ones 29:8 PAUL 2:3 ponds 19:13 negotiations 10:22 online 10:4, 16:23 pedestrian 7:10 population 26:14 neighbor 25:19 open 6:20, 6:22, pending 27:4 portion 6:2, 17:1 neighborhoods 7:9, 7:20, 8:15, 9:6, 9:7, Penman 5:19 portions 6:3, 16:10 28:4 17:4, 24:10 people 17:8, 20:11, possibility 9:21 neighbors 17:3 operations 25:23 21:7, 26:15, 27:3, possible 9:17, 11:22 new 24:2, 30:9 opportunities 26:22 27:20, 31:14, 31:15 potential 13:10 newspaper 26:11 opportunity 24:24, per 8:21, 8:23 power 29:17 next 14:7, 29:16 26:5, 26:6 percent 6:21 preschool 6:12 No. 8:4, 14:12, Orchard 27:9 permitted 6:6, 6:10 presentation 16:3, 29:23, 31:2, 34:24 ordinance 22:24, petitioner 4:5, 14:18, 32:2 noise 27:14 23:14, 31:6 16:1 presented 11:1, 25:1 none 8:1 oriented 7:10 petitioners 3:22, 5:3, pretty 6:13 north 9:15, 12:15, original 23:6 14:12 prevent 17:14 17:22, 20:3, 20:4, Oswego 25:21 petitioning 5:15 Previously 5:20, 23:17, 30:8 others 28:9 phases 17:13 8:24, 20:4, 20:22 northeast 5:22 overall 10:3, 19:23, PHILIPCHUCK 5:6, problem 29:11 northwest 18:19 22:11 5:9, 5:10, 8:13, 9:5, procedures 25:11 notes 29:15, 34:13 overview 18:15 9:19, 12:9, 12:17, PROCEEDINGS 1:6, notice 9:13, 28:20, own 25:18 13:6 33:10, 34:11, 34:15 31:5, 31:7, 31:11 owner 31:13 picture 22:12, 28:12 process 19:11 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 40 PROCHASKA 2:2, quiet 26:5 14:15, 14:16 21:13, 29:16, 29:20, 3:2, 4:12, 5:1, 7:20, quite 8:8, 29:15 resident 26:2 29:21, 29:23, 29:24, 8:1, 8:5, 8:10, 9:11, residential 6:2, 19:2, 30:1, 30:15 9:13, 10:14, 11:13, 19:3 screen 32:3, 32:9 11:17, 12:2, 12:12, < R > residents 23:10 screening 17:14 13:11, 13:13, 13:18, R-2 4:1, 6:2, 14:15 resolved 30:14 Second 4:10, 4:13, 14:6, 14:24, 15:2, R-3 14:16 resources 27:13, 32:18 15:14, 24:9, 25:6, railroad 29:17 28:4 second. 15:1 28:14, 28:17, 29:12, range 8:14, 8:22, Response 7:24, Seconded 13:17, 31:1, 31:3, 32:14, 9:10 9:12, 13:12, 28:16 13:19, 15:2, 32:20 32:19, 33:7 Rathje 15:23 reviewing 29:14 seeing 8:6 project 20:5, 22:16 read 5:14, 24:24 revised 16:5, 16:15, seeking 22:22, properties 13:2 real 4:6, 14:19 23:19 22:23, 23:15 property 4:6, 5:15, realize 26:20, 28:6, rezone 3:23, 14:13 seen 11:9 5:22, 5:23, 6:23, 28:11, 32:3 Richard 3:4, 5:12 self-sufficient 10:6 9:15, 10:9, 12:14, Really 8:8, 11:24, Ridge 14:8, 14:11 sent 9:17 12:22, 14:19, 16:7, 16:10, 17:19, 19:11, right-of-way 12:19, Service 4:2, 6:10 18:17, 19:13, 19:20, 24:4 18:24 set 16:3, 34:16 21:11, 22:1, 22:2, rear 7:12 rigorous 27:22 seven 7:13 25:8, 29:20, 30:1, reason 16:15, 20:20 Road 1:9, 4:8, 5:18, sewer 10:11 31:7, 31:8, 31:12 receive 30:18, 31:13 7:2, 12:5, 12:16, shade 19:21, 20:11 proposed 6:6, 7:1, received 16:17, 14:22, 16:13, 17:22, Shorthand 34:8, 30:9 24:19 17:23, 19:24, 27:6, 34:10, 34:13 provide 21:10, 32:7 Recognizing 18:3 27:9, 27:19 show 9:14, 11:7, providing 12:24 recommends 28:23 roads 26:13, 27:2, 16:19, 21:24 provisions 3:6 Record 5:4, 15:17, 27:4 showing 28:3 proximity 30:7 24:13, 25:1 roadway 7:4 shown 13:9 public 3:3, 5:2, 7:15, red 19:22, 20:18, Robert 3:8, 3:11, shows 19:22 7:18, 9:17, 10:17, 21:4 3:12, 3:14, 3:15, side 16:6, 16:12, 12:7, 13:10, 13:15, regional 18:19, 21:1, 3:18, 3:19 16:13, 17:24, 20:2, 14:7, 14:10, 15:15, 21:16, 22:8, 23:21 roll 4:14, 13:19, 20:2, 21:19, 21:21, 24:20, 32:16, 33:8, Remainder 3:13 15:3, 32:20 22:8, 23:3, 23:17 33:11, 34:11, 34:15 remaining 28:24 Rose 2:7, 8:19, sides 5:19, 19:22, publish 31:11 remembered 28:2 29:13 19:23 pump 10:9 remind 31:5 Route 4:7, 5:19, 6:4, single-family 16:12, purpose 3:4 REPORT 1:6, 30:21 12:18, 12:18, 12:20, 16:14, 20:2, 20:10, purposes 21:6 reported 34:10 12:22, 13:4, 27:9 22:17, 22:19 put 19:12, 23:24 Reporter 34:8 Rudd 3:21 site 6:24, 10:2, represent 15:24 run 13:2, 26:8 11:22, 13:9, 19:17, representing 5:3, 20:8, 29:16, 29:20, < Q > 5:12 29:22, 30:1 quality 27:17, 28:2 request 3:22, 14:12, < S > siting 11:22 quantity 27:16 32:1 salmon 20:12 sitting 32:4 question 30:12, require 31:7, 31:19 sanitary 10:11 six-foot 29:4 31:18 requires 31:10, Sassaman 3:20 sizable 27:20 questions 7:18, 31:11 saying 28:5 size 8:17, 22:20 7:23, 8:2, 24:6, Reserve 28:9 says 34:7 slide 21:23 24:22, 31:4 Residence 4:2, school 6:24, 21:8, slides 32:2, 32:7 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 41 slightly 7:1, 8:24 Steven 3:9 took 23:10, 23:12, 3:23, 3:24, 5:17, small 25:9, 25:19, Street 5:11, 7:7, 27:7 14:13, 14:14 25:20, 26:1, 28:4 13:10, 17:23, 18:6, total 22:16, 22:17 units 8:21, 22:16, smaller 8:12 18:12, 21:21, 23:8, towards 21:22 22:17, 22:18, 22:18 smallest 22:21 23:11, 23:12, 23:13, tower 9:16 until 17:22, 18:5, somehow 21:1 27:18 town 18:22 18:11 someone 12:6 streets 23:5 townhome 22:18 upkeep 30:8 somewhere 12:5 subdivision 7:14, townhomes 16:14 uses 6:5, 6:9, 6:10, sounds 27:4 17:8, 17:16, 18:8, townhouses 20:3, 25:23 south 4:8, 5:18, 21:4, 22:24, 23:14, 20:4 12:15, 14:22, 16:9, 25:9, 26:13, 29:2 township 26:1 18:21, 18:23, 20:10, subject 5:23, 10:9 tracks 19:1, 29:17 < V> 21:3, 21:20, 23:7 submitted 6:13, traffic 26:8 various 6:5, 6:9, 7:7, southern 20:13 11:20 Trail 14:21, 16:8, 7:11 southwest 16:24 suburban 8:21 18:9, 19:6, 20:18, vehicles 18:2, 27:1 space 6:20, 6:22, suggest 11:22 20:23, 21:5, 21:11, village 17:12, 19:8 8:9, 8:15, 9:7, 9:8, suggested 10:23 21:17, 21:21, 22:4, VITOSH 1:8, 34:6, 26:6, 27:14, 28:8 support 25:22 22:7, 22:12, 28:19, 34:23 SPEAR 33:6 suppose 7:17, 26:23 29:1 Spears 2:7, 4:21, surrounding 18:16 trails 7:14, 29:5 4:22, 8:5, 8:6, 8:12, sworn 34:7 train 19:1 < W > 13:17, 14:2, 14:3, system 16:23, 18:20, transcript 34:13 wait 16:22 15:12, 15:13, 29:14, 19:6, 19:7, 19:9, travel 26:12, 27:2 wanted 9:7, 12:2, 29:21, 30:17, 30:24, 20:23, 21:2, 21:11, tried 24:22 16:19, 31:3 31:2, 32:18, 33:5 21:16, 21:22, 22:7, true 34:12 Water 5:11, 9:16, specifically 18:10 22:12 Trust 3:6, 3:8, 3:10, 19:16, 27:4, 27:14 spend 26:7 3:13, 3:15, 14:11 Weis 3:12, 3:14 square 8:7, 8:17, Trustee 3:5 west 14:20, 16:6, 8:18, 22:21 < T> Trustees 3:9, 3:12, 16:8, 16:12, 17:17, ss 34:2 talked 11:14, 11:18, 3:15 17:24, 18:13, 18:21, Staff 10:16, 11:11, 28:22 try 16:3, 22:9 20:1, 20:19, 20:20, 17:12, 17:21, 20:15, tax 25:22 trying 26:8 21:19, 23:3, 23:5, 21:6, 22:6, 23:10, temporary 10:9 two 16:10, 20:21, 23:22, 30:9 30:3, 30:21 ten 28:24, 29:6, 21:6, 22:23 western 24:1 stand 10:8 29:8, 29:9 two-lane 27:3 Westing 17:22 Standard 6:14, 14:8, terms 10:19, 10:21, types 6:5 Wheaton 15:24 14:11, 29:6 11:11 typical 8:19, 9:5 Wheeler 7:2 start 19:11 Testamentary 3:10 WHEREOF 34:16 starting 22:14 testified 5:7, 15:20, WHEREUPON 5:5, State 5:4, 15:17, 24:16 < U > 15:18, 24:14 24:12, 31:9, 34:1, testimony 7:22, ultimately 10:1, will 3:10, 7:15, 10:2, 34:8 24:11 17:23, 18:6, 18:12, 12:20, 12:23, 13:1, statement 26:11 they'll 27:6 19:6, 21:16 13:2, 13:3, 17:15, station 10:10 thoughts 25:18 umbrella 25:24 21:15, 22:9, 24:2, stations 6:10 three 7:16 undecided 20:6 24:6, 26:12, 27:2, statute 31:9, 31:10, timing 10:4, 10:19, understand 25:11 27:3, 30:2, 30:5, 31:19 11:5, 11:23 Unit 4:1, 4:3, 8:23 30:21, 30:21, 31:14, step 31:12 today 16:11 United 1:2, 2:14, 31:17 Depo Court Reporting Service ( 630 ) 983-0030 July 11 , 2006 92 wish 25:19 within 6:20, 7:14, 7:15, 7:16, 8:21, 25:5, 29:2, 31:8, 31:13, 31:16 without 13:4 WITNESS 34:16 wondering 28:22 Woods 25:4 Woodward 15:24 work 17:12, 21:1, 26:16, 26:16 workable 10:13 working 21:2 works 9:17, 10:2, 10:17 WYETH 2:13 Wyoming 3:17 <Y > yard 17:4, 17:6 yards 17:6 years 26:3 Yorkville 1:2, 1:10, 2:15, 3:23, 4:1, 5:7, 5:17, 14:13, 14:15, 15:20, 24:16, 25:20, 25:24, 31:6, 31:22 < Z > zoning 6:2 zonings 18:17 < Dates > july 11, 2006 1:8, 1:8, 1:8 november 3, 2005 3:13, 3:13, 3:14 november 9, 1978 3:11, 3:11, 3:11 october 19, 2005 3:16, 3:16, 3:16 september, 2005 3:7, 3:7 Depo Court Reporting Service ( 630 ) 983-0030 I MUVUTES OF THE REGULAR MEETING OF THE CITY COUNCIL RAFT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO S HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 25.2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward 11 Burd Present Wolfer Present Ward 111 Bock Present Manna Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Attorney Wyeth,Interim City Administrator Cmis, Assistant City Administrator Olson,Police Chief Martin,Community Development Director Miller,Superintendent of Parks Sleezer,Finance Director Mika and Public Relations Manager Spies. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,August 15,2006 City of Yorkville Conference Room Economic Development Committee 7:00 P.M.,Thursday,July 27,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,August 1,2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,August I,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS None. PUBLIC HEARINGS Westbury East Village Special Service Area 2006.111 Westbury South Village Special Service Area 2006-112 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Westbury East Village Special Service Area 2006-111 and Westbury South Village Special Service Area 2006-112. So moved by Alderman James,seconded by Alderman Wolfer Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,.James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Minutes of the Reeular Meetine of the City Council—July 25,2006—uaee 2 Attorney Dan Kramer,representing Ocean Atlantic,addressed the City Council. He explained that this public hearing follows the previously passed ordinances which proposed the establishment of Special Service Areas for Westbury's East and South Villages. He commented that there is a slight modification;the Undesser family has asked that the SSA for the East Village not be applied to their fifty-five acres on the north end of the property. Ocean Atlantic has agreed to this. Attorney Kramer further explained that the SSAs were permitted under the original _ annexation agreement. He also indicated that Westbury will be coming back to the City Council with an overall SSA ordinance which will include the storm water outfall,Route 47 improvements and school financing. Mayor Prochaska noted that a letter dated July 25,2006 was received from Attorney Robert E. Nelson on behalf of the Undessers regarding their request to be excluded from the SSAs(see attached). The floor was opened for public comment;there was none. The floor was opened for comment from the City Council;there was none. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye CITIZEN COMMENTS Michelle Moses,1844 Columbine Drive,addressed the Council on behalf of the residents of Sunflower Estates. She presented a petition signed by the residents which states that they want to amend the agenda for the Sunflower Estates Homeowners Association meeting of August 2,2006 to add an item"Dissolution of Sunflower Homeowners Association(HOA)". She stated that the residents of Sunflower Estates do not want a HOA and would like the City to take over the public areas. She indicated that the residents have come to the City to insure that the proper steps are taken. She asked if the City could get the developer to delay the August 2nd meeting. Mayor Prochaska stated that the residents will have to work out the dissolution with the developer. If the majority of the residents want an alternative to the HOA,the City is willing to work with them. He suggested they work with their aldermen and the Public Works Department and he asked Superintendent Sleezer and Director Miller to schedule an information meeting with the developer,residents and the aldermen. Mayor Prochaska explained that by statute the City has no involvement with HOAs. Attorney Wyeth suggested to the residents that they retain counsel and reiterated that the City has no leverage to delay the HOA meeting. There also was some discussion regarding liens on properties and Mayor Prochaska explained that the Building Department has been working with the contractor in order to get the liens lifted. CONSENT AGENDA 1. Ratos Development/Economic Initiative Agreement for Comeils and Route 47- authorize the Mayor and City Clerk to execute(EDC 2006-05) 2. Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement- authorize the Mayor and City Clerk to execute (EDC 2006-16) 3. Water Department Report for May 2006(PW 2006-117) 4. Rob Roy Creek Interceptor(Contract#3)-Change Order 44-authorize increase in an amount not to exceed$9,541.15 and authorize Mayor to execute(PW 2006-118) 5. Wells 3 and 4 Treatment Facility-Change Order#2-authorize increase in an amount not to exceed$11,143.00 and authorize Mayor to execute(PW 2006-119) 6. Memod's Commercial Commons(Lot 7)—Sidewalk Agreement-authorize City Administrator to execute(PW 2006-120) 7. 101 W.Veteran's Parkway—Sidewalk Agreement- authorize City Administrator to execute(PW 2006-121) S. Resolution 2006-63—Cozy Comer Subdivision-IDOT Highway Permit and Resolution —authorize the Mayor and City Clerk to execute(PW 2006-122) 9. Resolution 2006-64—Shops at Veteran's Parkway -IDOT Highway Permit and Resolution—authorize City Clerk to execute(PW 2006-123) 10. Aerial Lift Truck Purchase- authorize purchase of Demonstrator Unit 2006 Ford F450 with Altm AT37-G Articulating Aerial Unit in an amount not to exceed$69,270.00(PW 2006-124) 11. 101 E.Center Street—Sidewalk Agreement- authorize City Administrator to execute (PW 2006-128) The Minutes of the Regular Meeting of the City Council—July 25,2006—page 3 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved - by Alderman Spears;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting of July 5,2006;seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 14,2006 totaling the following amounts:checks in the amount of $1,427,951.96(vendors);$195,087.86(payroll period ending 7/08106);for a total of $1,623,039.82; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Mums-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye REPORTS MAYOR'S REPORT Proclamation for National Night Out 2006 Mayor Prochaska read a proclamation for National Night Out,August 1,2006(see attached). Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman James; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Resolution 2006-65 Establishing a Policy for the City Administrator's Annual Performance Evaluation (COW 2006-05) Mayor Prochaska entertained a motion to approve a policy for the City Administrator's annual performance as presented.So moved by Alderman James;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-eye,Wolfer-present,James-aye Ordinance 2006-65 Ratify Ordinance Providing for the Issuance of $1,500,000.00 General Obligation Library Bonds,Series 2006 Mayor Prochaska entertained a motion to approve and ratify an ordinance providing for the issuance of$1,500,000.00 General Obligation Library Bonds,Series 2006 as presented.So moved by Alderman Bock;seconded by Alderman Spears. 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 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report The Minutes of the Reeular Meetine of the City Council—July 25.2006—oaee 4 CITY ADMINISTATOR'S REPORT Administrator Crois asked Assistant City Administrator Olson to give an update on the Downtown TIF meeting. Mr.Olson reported that Attorney Kathy Orr will be present at the meeting to explain to those in attendance that developers will have to come to the United City of Yorkville for every project in the TIF district. He stated that a policy memo and informational packet will be finalized with Attorney Or's comments after the July 31,2006 Town Meeting for the Downtown TIF which will be held at the Historic Court House at 7:00 p.m.. FINANCE DIRECTOR'S REPORT No report DIRECTOR OF PUBLIC WORKS REPORT Mayor Prochaska reported that the Rob Roy Creek Interceptor has been completed and the water main which will connect the Grande Reserve water tower to the remainder of the city is anticipated to be completed by next week. CHIEF OF POLICE'S REPORT Chief Martin reminded everyone that National Night Out was August 1,2006 at 5:00 p.m.at the Beecher Center. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mrs.Spies reported that Speaker of the House Hastert's mobile office would be at City Hall on July 27,2006 from 1:00 to 2:00 p.m. She also reported that the Human Resource Commission would be sharing a booth with the United City of Yorkville at the Hometown Days Festival on Labor Day Weekend. A bike event was also being held Labor Day Weekend at Hoover Outdoor Center.She also informed the City Council that the Fourth of July fireworks were taped and would be shown July 27,2006 on Channel 17 at 7:00 p.m. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Proposal for Community Relations Intern (ADM 2006-44) A motion was made by Alderman James to approve the hiring of a Community Relations Intern as presented,subject to available funding;seconded by Alderman Besco. Alderman lames asked Director Mika if funds had been found. Director Mika explained that there may be surplus in the salaries fund and if not she will examine other areas. Alderman Hurd stated that she felt this would be a worthwhile thing to do because it gets information out to the citizens. Mayor Prochaska stated that Mrs.Spies has many ideas for the residents such as an orientation program for new residents Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye The Minutes of the Regular Meeting of the City Council—July 25.2006—oaee 5 IT Assistant Job Description Update A motion was made by Alderman James to update the position of IT Assistant to the position of Information Technology Specialist and approve thejob description for the Information Technology Specialist as presented;seconded by Alderman Burd. Alderman James explained that instead of this position being held by two part-time employees it will now be held by one full-time employee. Motion approved by a toll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye ADDITIONAL BUSINESS Sewer Backup Mayor Prochaska brought forward a Public Works item. He reported that a City sewer backed up and flooded a home's basement. There was nothing the resident did to cause the backup;it was caused by a clog in the City's main. He asked the City Council if there was a consensus to get a contract to complete the cleanup and repair to the residence. A claim has been filed with the City's insurance company however they have denied it because the party with the damage does not have an absolute legal claim for damages. The estimate so far is$25,000.00 to$30,000.00. There was some discussion regarding the incident,the City's responsibility,setting a precedent, etc. Afterward it was the consensus of the Council to get an estimate for the repairs and bring it back to the City Council for further discussion. Mayor Prochaska asked the staff to get bids for the work. Radium Issue Mayor Prochaska reported to the City Council that be received a letter form a resident who bought a house in Yorkville and was not aware of the radium issue. The resident contacted the Environmental Protection Agency(EPA)regarding the radium problem as well as the recent problem with a well not functioning. The resident asked the EPA to oversee the problem which was caused by an electrical switch burning out They also questioned the City allowing a water park when the City had a watering ban. He suggested that a new resident orientation program could alleviate letters such as this by educating residents. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Bosco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 7:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 1�1�FT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,July 18,2006—7:00 pm In Attendance: Citv Art Prochaska- Mayor Charles Hervas—Acting City Attorney Paul James—Alderman John Crois—Interim City Administrator Valerie Burd- Alderwoman Eric Dhuse—Public Works Director Jim Bock—Alderman Bill Powell—Treasurer Rose Spears-Alderwoman Bart Olson—Assistant City Administrator Joe Besco - Alderman David Mogle—Executive Director Parks &Rec. Travis Miller—Community Development Director Susan Mika—Finance Director Guests Heather Gillers—Beacon News Kathy Farren—Kendall County Record Lynn Dubaj is—YEDC Dan Kramer—Attorney David Warner Jim Ratos John McGrath Patti Bernhard Ed LeCompte—John Greene Realtor Mayor Art Prochaska called the meeting to order at 7pm. He said this would be the last meeting where the traditional meeting format would be followed and that in August the C.O.W. meeting would start with Administration and Public Safety items. PUBLIC HEARING: None PRESENTATIONS: 1. Brighton Oaks 11 Subdivision Concept Plan Patti Bernhard of Fox Valley View Inc. was present to show the Council a concept plan for Brighton Oaks II Subdivision. It is located on east Highpoint Road south of Legion Road and is comprised of 54 units on 37.5 acres with a density of 1.44. Lot sizes will be 12,000 to 26,000 square feet. She said her firm hopes for contiguity with the two nearby communities to apply for annexation later. They have already met with the Park District and although they are not seeking a park site, a trail link will be provided in lieu of a sidewalk. There will be wetlands in the southern portion. Page 2 of 7 Access will be off Highpoint. She solicited comments on the plan being presented and said she would come back at a later date. At this time, only one entrance is planned, however, eventually it would connect with a nearby subdivision. There will also be an emergency access. DETAIL BOARD REPORT BILL LIST): The following items were briefly discussed: Page 14: Professional services EPA: Fees for the consultant for CEC for Brownfield grant—the grant covers this expense. Some supplemental studies were also recommended. Page 16: Lawson products: $463 for street department supplies. Page 43: Sewer department armorall: used in maintenance/washing of trucks Alderwoman Spears commented on the increasing overtime for many of the City departments. It was noted this was a busy time of the year. Ms. Mika said the overtime for Administration was for an employee who was filling in for an accounting clerk. These items move on to City Council. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: None MAYOR: 1. TIF Policy Options Mayor Prochaska said a document in the agenda packet detailed the TIF factors. He added that there should be a limit on the money an applicant could receive from a TIF. An exception could be if someone owns a very large piece of property. Ms. Orr's recommendation was 25% reimbursement of the TIF-eligible project expenses. As the fund increases, it is expected that the policy can be re-evaluated. Mayor Prochaska said he would like to include language that would allow the Council to determine that if a given project warrants, the amount can be varied. The Mayor said there should be a formal policy in place, by vote or consensus. He said that the Council would be required to adhere to the Prevailing Wage Act and would want any applicants to abide by this act also. Language incorporating this should be included in the policy. Alderwoman Spears said she would like the industrial and commercial projects addressed in the policy,to cover possible bankruptcies. Ten years was agreed upon for the reimbursement time and if a business leaves,they must pay back a percentage of the increment based on the number of years in business. Mayor Prochaska suggested that language also be included that states the policy is subject to change and Alderman Bock said that should be placed at the beginning of the document. Verbage will also be included to say, "bonding will only take place with Council approval". Staff has requested an explanation to be placed on the application of how the project will meet its' goals, a description of the work,how it will benefit the City, etc. Page 3 of 7 The Mayor referred to a list of eligible redevelopment costs that are granted by State Statutes. Items cannot be added, but the list can be limited. He also made note of the portion of the memo regarding"conflict of interest". A public meeting will be held on July 3151 with letters being sent to all those in the TIF District. The old courthouse was suggested as a possible location and Bart Olson will check on that. 2. Park Maintenance Building Update A neighborhood meeting was held regarding issues from landowners. Some owners are offering a possible land swap to move the proposed maintenance facility to another location. This action will not impact the 4-acre park site. The residents objected to a maintenance building and related activities in the neighborhood. Alderwoman Burd suggested signage designating future land uses and that the developer be responsible for the signage. 3. COW 2006-05 City Administrator's Annual Performance Appraisal Process This item came from the Ad Hoc committee and a draft of the process was presented. Alderwoman Burd commented that it was a good document and it emphasized that the position reports to the Mayor and City Council. The new process will include a brief 6-month interview to insure that the targets and goals are being met. As a side note, a six-month schedule was recommended for all City employees. The probationary period for the City Administrator is one year,while other City employees have six months. Mr. Olson will draft a memo to the attorney stating that the policy is to include the 6-month check. This matter will be moved to City Council with the addendum. ECONOMIC DEVELOPMENT COMMITTEE: 1. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47 Attorney Dan Kramer said this matter has appeared before EDC 2-3 times and a draft of this agreement was completed. Now, focus of the agreement has turned to the Rte. 47 widening. He said that the 40-acre Ratos development would only generate about 2%of the traffic increase. Mr. Ratos and Mr. Kramer said they are willing to commit to dedication of right-of-way for Rte. 47 and Corneils Rd.,but would like that included in the economic incentive agreement.. For anything over and above the required right-of-way requirement,they would have the property appraised and that amount should be paid at a future date. Mayor Prochaska said he had understood that the property would be reimbursed at the same rate the State would pay for any other right-of-way. He said he has spoken with the Department of Commerce and there is a possibility of some reimbursement for the road project. Alderman James commented also, that he hoped the reimbursement money would come from the State. The State will take some of the Ratos property for the widening and the Mayor also said that the Westbury development on the other side of the road would contribute to the road-widening project. Alderman Burd said she felt the focus should be on moving forward with the project and that the City should guarantee that Mr. Ratos will receive his money especially since he is not asking for an SSA and he is bringing in commercial development. Mayor Prochaska agreed that the Page 4 of 7 City should reimburse Mr. Ratos in at least the amount the State will reimburse the City. Mr. Kramer said the two sides should reach an agreement of value as determined by appraisal. Attorney Kramer asked that this matter be put on the Council agenda for next week, however, Attorney Wyeth will be asked to review the agreement first. The Mayor asked that all parties sign this agreement prior to a vote by the Council. This will move to the consent agenda subject to signatures and review by the City Attorney. Z EDC 2006-16 Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement Attorney Kramer said that John Whitehouse of EEI had determined a formula to distribute the costs of this agreement and those amounts have been agreed upon. All three developers will sign. He also said that only parts of the Westbury development would actually benefit from this agreement. Three signature pages will be prepared, signed and the Mayor said he would like these returned by next Tuesday for the Council consent agenda. This would be subject to the approval of the City Attorney. PARK BOARD: No report. PUBLIC WORKS COMNIITTEE: 1. PW 2006-117 Water Department Report for May 2006 Public Works Director Dhuse commented that during the heat wave,the average daily water usage was 109 gallons per person and he said the water conservation was very good. This moves to consent agenda. Z PW 2006-118 Bob Roy Creek Interceptor(Contract#3)—Change Order#4 A manhole was needed,the work is done and it was approved by Deuchler. The work was actually done by a different contractor. This moves to the consent agenda. 3. PW 2006-119 Wells 3 and 4 Treatment Facility—Change Order#2 A sewer was needed and an easement could not be obtained from the school district according to John Crois. Therefore, a French drain was installed at a cost of$5,715. The balance of the $12,000 cost was for SCADA. This moves to the consent agenda. 4. PW 2006-I20 Menard's Commercial Commons (Lot 7) —Sidewalk Agreement 5. PW 2006-121101 W. Veteran's Parkway—Sidewalk Agreement These 2 items were discussed simultaneously and it was noted they were typical agreements. They move to the consent agenda. 6. PW 2006-122 Cozy Corner Subdivision—IDOT Highway Permit and Resolution 7. PW 2006-123 Shops at Veterans'Parkway—IDOT Highway Permit and Resolution Mr. Dhuse said that IDOT requires the City to oversee the work and guarantee it. These items both move to the consent agenda. Page 5 of 7 8. PW 2006-124 Aerial Lift Truck Purchase Eric Dhuse said open bids were accepted and he recommended the bid for a demonstrator unit based on a shorter delivery time. It comes with a full warranty and is very cost effective. This is a budgeted item and should arrive Thursday. It moves to the consent agenda. 9. PW 2006-125 New MWZ Water Department Hire—FYI This matter was moved to COW due to no quorum at the Public Works meeting and since then, new employee Mike Waters was hired. 10. PW 2006-126 Road Fee Resolution Joe Besco had asked for a clarification on how the road fees can be spent. The Mayor said that case law would only support spending the money on arterial or collector streets impacted by the development. There was a brief discussion of possibly using that money on a new street in Westbury. This matter will come back to the next Public Works/C.O.W. with ideas regarding that discussion. Alderwoman Spears suggested possibly raising the fee to $2500 since road costs have increased, however,the Mayor said a justification would be needed. He added that developers cannot be charged the entire amount. He suggested not raising non-residential since that would be looked at for other revenue streams. This will come back to the August 15a' C.O.W. 11. PW 2006-128101 E. Center Street—Sidewalk Agreement This is a standard sidewalk agreement and will move to the consent agenda. 12. PS 2006-19 Driveway Regulation Modifications to Zoning Ordinance This matter was previously at C.O.W. and Travis Miller was asked to research a couple issues one of which was if a 25-foot maximum width of the sideway at the curb,is sufficient. He said there was some confusion about some of the graphics in the previous draft. Also at issue was the distance between residential/commercial curb cuts and also front yard parking. He made recommendations in a memo and noted that any text changes in the ordinance require a Plan Commission Public Hearing. He added that there are 30-foot driveways in some of the older parts of town and there is not as much depth in front of the house. There was a brief discussion of the widths of driveways at various points. There was also discussion of parking in townhome developments and who maintains these parking spaces. This matter will move to Plan Commission on consensus and will then return to City Council for a vote on the Plan Commission's recommendations. PUBLIC SAFETY COMMITTEE: No report. Page 6 of 7 ADMINISTRATION COMMITTEE: 1. ADM 2006-44 Proposal for Community Relations Intern An intern to assist with upcoming projects within the next six months,is being requested for the Community Relations Director. This would entail approximately 10-15 hours a week at $10.00 per hour. Alderman Bock commented that this was a well-detailed request. An intern job description is not needed,however, a list of functions will be required by the college professor. Staff will determine if it is a budgeted position,however, contingency funds could be used. In the meantime, the position will be moved forward to City Council so that it can be discussed. It was noted that the Community Relations Director position will become a department head position with 1-2 months. 2. ADM 2006-46 ITAssistant Job Description Update This position has gone from part-time to full-time and needs to be filled since Ron Robinson resigned. Ms. Mika noted that the budget provided for an additional part-time position besides Mr. Robinson. With his resignation, she recommended combining the two positions into one full-time spot. Mayor Prochaska added that this would lend continuity to projects. There are currently 75 users on the computers with 10-15 work orders per day. This position is being upgraded to IT Specialist and the City Council will be asked to approve. Ms. Mika thought there might be a shortfall of$4,000 (in the form of benefits) for this person,however, she pointed out that an outside service had to be called at the rate of$125-$150 per hour. The committee agreed to move this item to the consent agenda. Ms. Mika was asked to post this position immediately. ADDITIONAL BUSINESS: Mayor Prochaska suggested moving forward to additional business before the scheduled Executive Session. Alderman James brought up the following issue. Currently,in the Sunflower Subdivision,the homeowners are responsible for maintaining the frontage road and are worried about possible commercial being developed on both sides. They have asked at what point the commercial owners contribute to the road maintenance. The Mayor said the Attorney should look at the annexation agreement. Mr. James suggested that future developments should ask commercial owners to pay for the upkeep. Alderman Besco said that trees planted at Car Wash and Quick Lube obscure the Wendy's sign. The Wendy's owner asked if the trees could be moved so that the Wendy's sign is visible. Mr. Besco thought it is the City's responsibility to pay for moving the trees since the City approved the landscape plan initially. According to Travis Miller, some changes to the landscape policy will be suggested. Another factor to be considered is how close the sign is to the property line. Mr. Besco said the two property owners have spoken and Quick Lube has agreed the trees can be moved, but at Wendy's expense. Alderman Burd recommended that verbage should be included Page 7 of 7 in the ordinance to determine if landscaping impedes the view. The City Attorney will be asked to review the situation because the original plan was approved based on the ordinance at that time. The acting City Attorney said this is really an issue between the two property owners. Mayor Prochaska said he has been notified that Tammy Smock is resigning from the Park Board. He has received applications and said that Mr. Kelly Sedgewick of 400 Blaine St. is interested in the position. He has already worked with David Mogle on various projects. Mr. Sedgewick, who has a background in construction, was recommended as the replacement. It was reported by Eric Dhuse that wells 3 and 4 are repaired. The sprinkling ban will be lifted in the morning [July 19th]. Mayor Prochaska thanked Mr. Dhuse and his crew and said this situation could have been a disaster. In addition many groups assisted in handing out fliers to ask citizens to conserve water and the Mayor also commended the citizens of Yorkville for their cooperation in this conservation request. There was no additional business and Mayor Prochaska entertained a motion to enter into Executive Session to discuss the purchase or lease of real property for use by the public body. Mr. Bock and Ms. Spears moved and seconded respectively to go into Executive Session. This session ended at 10:13pm and the regular C.O.W. meeting was adjourned at 10:14pm. Minutes by Marlys Young, Minute Taker 4 bM 41 Reviewed By: J ?` O� Le al ❑ City Council g Finance ■ EST. , \� 1836 Engineer ❑ LW y City Administrator ■ Agenda Item Tracking Number All Dept. Heads ■ ��Y> '1 �� t f,;� cE `��,� Human Resources ■ City Council Agenda Item Summary Memo Title: Hiring Policy (non-department heads) City Council/COW/ Committee Agenda Date: City Council— Sept. 12, 2006 Synopsis: Hiring policy for all positions not addressed by the recently approved department head hiring policy. Council Action Previously Taken: Date of Action: N /A Action Taken: N/A Item Number: N /A Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This policy would replace and add to the employee handbook as is noted on the individual sections. Highlighted changes on the track changes copy are recommended changes per the labor attorney. Sept. 8th update—see attached memo. e.o c'T 0 United City of Yorkville Memo 800 Game Farm Road EST 1e3e Yorkville, Illinois 60560 h Telephone: 630-553-4350 �9 C er. Fax: 630-553-7575 <CE Date: September 8, 2006 To: City Council From: Bart Olson, Assistant City Administrator CC: Subject: Staff hiring policy Per discussion at the September 5h COW meeting, the following changes have been implemented to the hiring policy: 1) The section allowing the city to use dishonorable discharge in personnel practices has been re-inserted into the policy. In reviewing the policy, the labor attorney misinterpreted the language to read"unfavorable discharge", which by statute is a less serious discharge than"dishonorable". Unfavorable discharges may not be used as a basis for recruitment decisions. 2) The language reflecting internal and external postings has been clarified. Previously, the recommendation was to allow the department head and human resources to post internally only, and externally subsequently and only if there were no internal candidates chosen. The text of the procedures for each posting have remained largely unchanged, but it is now required that an internal and external posting be completed prior to candidate selection. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ADOPTING A HIRING PROCESS FOR NON-EXEMPT EMPLOYEES (Non-Department Head) WHEREAS,the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain non-exempt employees, and WHEREAS,the City Council has determined that it desires to establish such a policy, and WHEREAS,the text of the policy the City Council now desires to establish concerning a hiring process for certain non-exempt employees is set forth on the attached Exhibit"A"which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Hiring Process for Certain Non-Exempt Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A" attached hereto and incorporated 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. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 CJ'* United City of Yorkville t 800 Game Farm Road �r 1 7836 Yorkville,Illinois 60560 QQ ~ w Telephone: 630-553-4350 L Fax: 630-553-7575 <LE `Vx Currently in the emulovee manual Section 2.1.1 Recruitment(to be kept) It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race,color,religion,sex,sexual orientation,age,national origin,physical or mental disability,ancestry,marital status,or veteran status(except those dishonorably discharged),all in accordance with applicable law. Section 2.1.2 Application(to be kept) Appointment and promotion to the positions in the City will be based upon merit and ability. Selection methods will be based wholly on the job related references,aptitude,and ability. Section 2.1.3 Selection first paragraph and sections c and d to be kept,sections a and b to be deleted)) Regardless of the number of applicants,selection methods shall be deemed competitive when the qualifications required are based upon education,experience and personnel standards established for the position. In such instances,a reasonable opportunity shall be afforded for qualified persons to apply,and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council,the Department Head shall post the job announcement, internally and externally, stating the title,salary range,job description,manner of application,and closing date for application. b. After reviewing applicant qualifications,and/or holding personal interviews,the Department Head shall conduct a background check(Appendix C)before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant,such as: medical and/or psychological test. The Department Head shall hire only applicants who are determined to be able to safely perform the essential functions of the position with or without a reasonable accommodation(provided that the accommodation does not impose an undue hardship on the City)..The Department Head will notify the Finance Director of the hiring and copy the City Administrator. c. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified,the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly,position announcements may be posted internally and/or advertised externally before a position is filled. d. An employee of the City may request,or be requested,to transfer to another position within the City. New Policy(tentadvely as Section ZL4 and beyond,dependine on final approval oPpolicv) 1) Applicability to other policies,regulations,and agreements a. Whenever the provisions of this policy are in conflict with state or federal law or regulations,or a collectively bargained agreement between the City and a certified bargaining unit,the provisions of the collective-bargained agreement and/or governmental law or regulation will prevail. 2) Approval to Recruit Personnel a. If the position is approved with the adoption of the annual operating budget and the position has an approved job description,recruitment may begin at the budget designated point for new positions,or immediately for existing but vacant positions. If the position is not approved with the adoption of the annual operating budget,the requesting department must provide Human Resources with written justification as to the need,reasoning and financing of the new position. This information will be forwarded to the City Administrator for review and recommendation. The request will then be submitted for City Council consideration,with the City Administrator's recommendation attached. 3) Posting process-for all postings,an internal and external posting shall be completed. - Formatted:Indent:ten: o.! The following procedures for both postings shall apply: Hanging: 0.5s a. Intern Application and/or resume must be made through Human Resources. Deleted:For intexad Hldag Human Resources will announce the position opening to all City personnel via email and by posting notices on City Hall bulletin boards. City departments will be responsible for posting the position announcement to their respective departmental personnel to assess interest and qualifications of internal candidates. Announcements for internal postings will be open for a minimum of five working days. _ - _ - Deleted:If no qualified internal b. Extema Position opening will be announced by Human Resources,and will be candidates are available,the deperVnent head may consider external candidates. open for a minimum of ten working days. Applications and/or resumes must be submitted to Human Resources. Posting will be made available on City Hall Deletes:r°`externs a ng bulletin boards and other means as Human Resources and the department heads decide to generate the best pool of qualified candidates. Announcements shall summarize the primary duties of the position,standards for consideration, compensation,and application deadline. c. For all hiring processes,no applications will be accepted after the closing date. 4) Selection Process a. Human Resources and the appropriate department head and/or supervisor will base the selection on the requirements and qualifications established for the position and the relevant work experience,technical knowledge,educational background,general aptitude,maturity,compatibility and personal and professional references of the candidates. b. Aside from the screening process,selection techniques may include oral interviews,reference checks,written examinations,medical examinations, physical agility tests,psychological evaluations,performance evaluations, assessment centers and other measures that are job related and reliable as a predictor of performance. 5) Hiring recommendation/offer a. Pending selection of a final candidate,an offer sheet and a background check waiver form shall be sent out by Human Resources. A salary offer will be made within the approved salary range for the position with review and approval by the City Administrator,except for salary offers made at the minimum of a range, which do not require City Administrator approval. b. With acceptance and return receipt of offer sheet and background check approval form,the background check will be administered. After passage of the background check,new hire orientation will be completed and rejection letters will be sent out to the pool of applicants. I a CLE4 J A�D C/p 0 United City of Yorkville j` 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 LE Currently in the employee manual Section 2.1.1 Recruitment (to be kept) It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color,religion, sex, sexual orientation, age, national origin, physical or mental disability, ancestry,marital status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. Section 2.1.2 Application (to be kept) Appointment and promotion to the positions in the City will be based upon merit and ability. Selection methods will be based wholly on the job related references, aptitude, and ability. Section 2.1.3 Selection(first paragraph and sections c and d to be kept, sections a and b to be deleted)) Regardless of the number of applicants, selection methods shall be deemed competitive when the qualifications required are based upon education, experience and personnel standards established for the position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council, the Department Head shall post the job announcement, internally and externally, stating the title, salary range,job description,manner of application, and closing date for application. b. After reviewing applicant qualifications, and/or holding personal interviews, the Department Head shall conduct a background check(Appendix C)before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant, such as: medical and/or psychological test. The Department Head shall hire only applicants who are determined to be able to safely perform the essential functions of the position with or without a reasonable accommodation(provided that the accommodation does not impose an undue hardship on the City).. The Department Head will notify the Finance Director of the hiring and copy the City Administrator. c. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified, the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly,position announcements may be posted internally and/or advertised externally before a position is filled. d. An employee of the City may request, or be requested, to transfer to another position within the City. New Policy (tentatively as Section 21.4 and beyond, denendine on final approval ofpolicv) 1) Applicability to other policies, regulations, and agreements a. Whenever the provisions of this policy are in conflict with state or federal law or regulations, or a collectively bargained agreement between the City and a certified bargaining unit,the provisions of the collective-bargained agreement and/or governmental law or regulation will prevail. 2) Approval to Recruit Personnel a. If the position is approved with the adoption of the annual operating budget and the position has an approved job description, recruitment may begin at the budget designated point for new positions, or immediately for existing but vacant positions. If the position is not approved with the adoption of the annual operating budget, the requesting department must provide Human Resources with written justification as to the need, reasoning and financing of the new position. This information will be forwarded to the City Administrator for review and recommendation. The request will then be submitted for City Council consideration, with the City Administrator's recommendation attached. 3) Posting process—for all postings, an internal and external posting shall be completed. The following procedures for both postings shall apply: a. Internal: Application and/or resume must be made through Human Resources. Human Resources will announce the position opening to all City personnel via email and by posting notices on City Hall bulletin boards. City departments will be responsible for posting the position announcement to their respective departmental personnel to assess interest and qualifications of internal candidates. Announcements for internal postings will be open for a minimum of five working days. b. External: Position opening will be announced by Human Resources, and will be open for a minimum of ten working days. Applications and/or resumes must be submitted to Human Resources. Posting will be made available on City Hall bulletin boards and other means as Human Resources and the department heads decide to generate the best pool of qualified candidates. Announcements shall summarize the primary duties of the position, standards for consideration, compensation, and application deadline. c. For all hiring processes, no applications will be accepted after the closing date. 4) Selection Process a. Human Resources and the appropriate department head and/or supervisor will base the selection on the requirements and qualifications established for the position and the relevant work experience, technical knowledge, educational background, general aptitude,maturity, compatibility and personal and professional references of the candidates. b. Aside from the screening process, selection techniques may include oral interviews, reference checks, written examinations, medical examinations, physical agility tests, psychological evaluations, performance evaluations, assessment centers and other measures that are job related and reliable as a predictor of performance. 5) Hiring recommendation/offer a. Pending selection of a final candidate, an offer sheet and a background check waiver form shall be sent out by Human Resources. A salary offer will be made within the approved salary range for the position with review and approval by the City Administrator, except for salary offers made at the minimum of a range, which do not require City Administrator approval. b. With acceptance and return receipt of offer sheet and background check approval form, the background check will be administered. After passage of the background check, new hire orientation will be completed and rejection letters will be sent out to the pool of applicants.