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 - - - - -
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24
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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
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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 .
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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
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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 --
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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)
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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
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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 .
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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
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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
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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
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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 .
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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.
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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
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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
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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
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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 .
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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 .
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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
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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 .
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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 .
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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
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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
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July 11 , 2006 35
084-002883 34:24 < A> 2:5, 2:6, 2:7, 8:5, 4:22, 4:24, 13:21,
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Alderman 2:3, 2:4, Aye 4:16, 4:18, 4:20, 16:6
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July 11 , 2006 36
bringing 27:5 6:15, 7:2, 9:17, 10:1, conjunction 7:1
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July 11 , 2006 37
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early 30:11 F. 2:2 friendly 7:10 34:11, 34:15
ease 10:3 facilitate 7:8, 22:9 front 12:18, 16:16, hearing. 33:11
easement 17:11, facilities 6:11, 10:18, 24:3 help 20:16, 22:9
18:5 25:22 frontage 12:16 hereunto 34:16
easements 10:10, facility 6:7, 9:18, fun 27:5 high 19:17, 19:22
12:21 30:9 functioning 26:8 home 26:16
easier 19:19 fact 11:8 future 17:24, 19:3, Homes 5:22, 26:18,
easiest 21:10 family 13:7 19:7, 20:17, 22:3, 27:19
east 4:7, 5:18, 14:20, far 23:22 23:8 hope 22:6
16:8, 16:12, 16:13, Farm 1:9, 17:9, hopefully 19:7
19:2, 20:2, 21:15, 27:19 hour 1:9, 27:7
21:19, 21:22, 22:1, fast 27:24 < G > houses 20:10
22:3, 22:8 feel 20:24 Gabel 3:21, 3:22
easy 27:10 feelings 25:18 gain 13:8
Edison 12:19, 18:24 feet 8:7, 8:18, 8:18, Galena 14:22, 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
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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
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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
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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
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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,
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ss 34:2 talked 11:14, 11:18, 3:15 17:24, 18:13, 18:21,
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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,
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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
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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
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wondering 28:22
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work 17:12, 21:1,
26:16, 26:16
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10:17
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yard 17:4, 17:6
yards 17:6
years 26:3
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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.