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City Council Packet 2007 01-09-07 C1?*o United City of Yorkville -%` 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 �2 SCE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,January 9,2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, January 16, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, January 16, 2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, February 6, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, February 6, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda January 9,2007 Page 2 Public Hearings: None Citizen Comments: Consent Agenda: 1. ADM 2007-02 Monthly Treasurer's Report for November 2006 2. ADM 2006-82,ADM 2006-83, ADM 2006-84, ADM 2006-85, and ADM 2006-86 Resolution Approving the Postponing Consideration of Proposing Ordinances for Silver Fox SSA 2006- 114, Evergreen Farm SSA 2006-115, Aspen Ridge 2006-116, Chally Farm SSA 2006-117,Yorkwood Estates SSA 2006-118 -authorize Mayor and City Clerk to execute 3. ADM 2007-04 Resolution Authorization to Close Checking Account and Transfer Funds (Hydraulic/ComEd Sewer Project) -authorize Mayor and City Clerk to execute 4. ADM 2007-05 Resolution Authorization to Close Checking Account and Transfer Funds (2004 C Road Improvement Project) - authorize Mayor and City Clerk to execute 5. ADM 2007-06 Resolution Authorization to Close Checking Account and Transfer Funds (Bruell Street Sewer Project) -authorize Mayor and City Clerk to execute 6. ADM 2007-03 AT&T ISDN Prime Non-standard Service Agreement -approve and ratify contract 7. ADM 2006-100 Ordinance Amending City Code Title 1 —Administration, Chapter 613—City Treasurer Regarding Revising the Position of Deputy Treasurer-authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—October 10, 2006 Minutes of Special City Council—October 17,2006 and November 30,2006 Minutes of Committee of the Whole—October 17, 2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 220,010.34 (vendors) $ 211,108.71 (payroll period ending 12/23/06) $ 431,119.05 (total) City Council Meeting Agenda January 9, 2007 Page 3 Reports: Moor's Report: City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. Appointment of Deputy Treasurer City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Resolution Approving Unpaid Discretionary Leave for a Certain Employee Additional Business: Adjournment: City Council Meeting Agenda January 9, 2007 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------------------------, PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ---—--------------------------------------------------------- ;ECONOMIC DEVELOPMENT; - - - - - -� ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Planning& Building& Zoning Chamber of Commerce Committee: Alderwoman Burd Business& Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development -------------------------------------- �?UBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock ------------------------------------------ ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, January 9, 2007 PRESENTATION: 1. None PUBLIC HEARINGS: 1. None CONSENT AGENDA: 1. ADM 2007-02 Monthly Treasurer's Report for November 2006 2. ADM 2006-82,ADM 2006-83, ADM 2006-84,ADM 2006-85, and ADM 2006-86 Resolution Approving the Postponing Consideration of Proposing Ordinances for Silver Fox SSA 2006-114, Evergreen Farm SSA 2006-115, Aspen Ridge 2006-116, Chally Farm SSA 2006-117, Yorkwood Estates SSA 2006-118 3. ADM 2007-04 Resolution Authorization to Close Checking Account and Transfer Funds (Hydraulic/ComEd Sewer Project) 4. ADM 2007-05 Resolution Authorization to Close Checking Account and Transfer Funds (2004 C Road Improvement Project) 5. ADM 2007-06 Resolution Authorization to Close Checking Account and Transfer Funds (Bruell Street Sewer Project) 6. ADM 2007-03 AT&T ISDN Prime Non-standard Service Agreement 7. ADM 2006-100 Ordinance Amending City Code Title 1 —Administration, Chapter 6B—City Treasurer Regarding Revising the Position of Deputy Treasurer Minutes for Approval (Corrections and Additions) Minutes of City Council: October 10, 2006 Minutes of Special City Council: October 17, 2006 and November 30, 2006 Minutes of Committee of the Whole: October 17, 2006 Bill Payments for approval: $ 220,020.34(vendors) $ 211,108.71 (payroll period ending 12/23/06) $ 431,119.05 (total) REPORTS Mayor's Report: 1. No Report. COMMITTEE REPORTS: Public Works Committee: 1. No Report. Economic Development Committee: 1. No Report. Public Safety Committee: 1. No Report. Administration Committee: 1. Resolution Approving Unpaid Discretionary Leave for a Certain Employee Additional Business C A STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE POSTPONING CONSIDERATION OF PROPOSING ORDINANCES FOR Silver Fox SSA 2006-114, Evergreen Farms SSA 2006-115,Aspen Ridge SSA 2006- 116, Chally Farm SSA 2006-117 and Yorkwood Estates SSA 2006-118 WHEREAS,the City Council of the United City of Yorkville has approved Annexation Agreements for Silver Fox(Ordinance 2006-69), Evergreen Farms (Ordinance 2006-72), Aspen Ridge (Ordinance 2006-75), Chally Farm(Ordinance 2006- 78),Yorkwood Estates (Ordinance 2006-81) on August 8, 2006; and WHEREAS,the above stated Annexation Agreements each require the United City of Yorkville to issue Special Revenue Bonds by January 15, 2007 in an amount sufficient to fund the infrastructure extension contemplated by the Annexation Agreements as the Southwest Infrastructure Improvements; and WHEREAS, the United City of Yorkville staff has prepared the following Proposing Ordinances for City Council and Property Owner review: Silver Fox SSA 2006-114, Evergreen Farms SSA 2006-115,Aspen Ridge SSA 2006-116, Chally Farm SSA 2006- 117 and Yorkwood Estates SSA 2006-118; and WHEREAS,the City has taken action to place the Proposing Ordinances listed above on the Committee of the Whole agenda for consideration on November 28, 2006 and January 2, 2007; and WHEREAS,the at least one property owner requested that action not be taken on the Proposing Ordinances prior to the November 28, 2006 and January 2, 2007 Committee meetings; and WHEREAS,but for the property owner request to not take action, the City is ready, willing and able to vote upon the Proposing Ordinances and pass same, and to take any other action necessary in furtherance of the establishment of the SSA, and sale of bonds as contemplated by the Annexation Agreements. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: A. The preambles above are incorporated by reference herein. B. The consideration of the Proposing Ordinances Silver Fox SSA 2006-114, Evergreen Farms SSA 2006-115, Aspen Ridge SSA 2006-116, Chally Farm SSA 2006-117 and Yorkwood Estates SSA 2006-118 will not be on a future agenda for consideration until the property owners for each area submits written request to the City for this consideration. C. The City Council takes this action to memorialize the steps that have been taken by the City Staff in furtherance of the Annexation Agreements and the obligation to issue Special Revenue Bonds contained therein. 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. 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 ) ORDINANCE No. 2007- ORDINANCE AMENDING CITY CODE TITLE 1 —ADMINISTRATION, CHAPTER 6B—CITY TREASURER REGARDING REVISING THE POSITION OF DEPUTY TREASURER Whereas the United City of Yorkville has taken up,discussed and considered amending the City Code regarding the position of Deputy Treasurer, and Title 1 — Administration,Chapter 6B City Treasurer, and Whereas, the United City of Yorkville has, in the City Code, established the position of Deputy Treasurer; and Whereas,the United City of Yorkville recognizes that the Deputy Treasurer has significant responsibilities and duties in relationship to the activities of the City Treasurer's Office; and Whereas, the United City of Yorkville wants to ensure that its City Code enumerates the necessary duties and qualifications of the Deputy Treasurer. Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 1 —Administration, Chapter 6B—City Treasurer, by adding therefore a new Section 1-6B-2 in the form 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 1 —Administration, Chapter 6B—City Treasurer of the City Code of the United City of Yorkville is hereby amended by adding Section I- 6B-2 in its entirety, in the form depicted on the attached Exhibit"A". As to this Fiscal Year 2006/2007, the appointment of the Deputy Treasurer may be made as soon as practical after the passage of this Ordinance. Repealer: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed, and this ordinance shall be in full force and effect forthwith upon its adoption. 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" TITLE 1 —ADMINISTRATION, CHAPTER 6B—CITY TREASURER NEW SECTION 1-6B-2 DEPUTY TREASURER Section 1-6B-2: Deputy Treasurer Section 1-611-2-1: Position Created The position of Deputy Treasurer is hereby created wherever in this Code or other ordinances of the City the term"Position of Deputy Treasurer" shall appear,it shall mean and it shall be synonymous with the term" Deputy Treasurer." Section 1-611-2-2: Appointment, Term, Removal: A. The person to be appointed Deputy Treasurer shall be recommended by the City Treasurer and appointed by the Mayor, by and with the advice and consent of the City Council. B. The Deputy Treasurer shall be appointed on an annual basis at the same City Council meeting when annual appointments are made by the Mayor. C. The City Treasurer and/or Mayor, with the approval of the City Council, may remove the Deputy Treasurer at any time pursuant to the requirements for removal of appointed officers established by the Illinois Municipal Code. Section 1-6B-2-3: Compensation: The Deputy Treasurer shall receive such compensation as shall be fixed from time to time by ordinance, resolution, or vote of the City Council as recommended through the adopted City salary schedule. Section 1-6B-2-4: General Duties: It shall be the duty of the Deputy Treasurer to assist the City Treasurer in all official capacities including but not limited to signing documents and accepting documents on behalf of the office of the City Treasurer. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UN ED CITY OF YORKVILLE KENDALL COUNTY ILL HELD IN THE CITY COUNCIL CHAMBERS, DRAFT 800 GAME FARM ROAD ON TUESDAY,OCTOBER 10,2006e 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 Present(arrived at 7:30 p.m.) Ward II Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Finance Director Mika,Director of Public Works Dhuse,Police Chief Martin and Attorney Derke Price. 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. Remembering George"Sonny"Podschweit Mayor Prochaska asked those present to take a moment to remember George"Sonny" Podschweit,a valuable member of the City's staff,who passed away unexpectedly on October 9, 2006 while on duty. He explained that Mr.Podschweit was a water meter reader for the City and the crossing guard for children at Yorkville Grade School. Mayor Prochaska extended his deepest sympathies to his family and stated that Mr.Podschweit was well liked and respected in the community. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that Item#8—Resolution Establishing a Job Description for the Position of Community Relations Officer be removed from the Consent Agenda and placed under the Administration Committee Report. He also noted that the ordinance for the vacation of Sleepy Hollow Road should be removed from under the Mayor's Report and placed under the City Council Report as the City Council requested to reconsider this ordinance. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,October 17,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,October 17,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,November 7,2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,November 7,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced The Minutes of the Regular Meeting of the City Council—October 10,2006—nage 2 PRESENTATIONS Certificates of Commendation Officer Ryan Goldsmith&Officer Timothy Kolowski Mayor Prochaska and Chief Martin presented Officers Ryan Goldsmith and Timothy Kolowski with Certificates from the Illinois Law Enforcement Training and Standard Board certifying that they fulfilled all the requirements according to state statute and they qualify as law officers. Certificate of Achievement-Officer Jeffrey Johnson&K-9 O'Neil Mayor Prochaska and Chief Martin presented a Certificate of Achievement to Officer Jeffrey Johnson and K-9 Officer O'Neil for the completion of the 400 hour course offered by the Bureau of Alcohol,Tobacco and Forearms Bomb Dog Training at the ATF facility in Fort Royal, Virginia. Mayor Prochaska noted that the Yorkville Police Department is keeping their officer's trained and involved in new technology. Swearing-in-K-9 Officer O'Neil Mayor Prochaska swore in K-9 Officer O'Neil as a Yorkville Patrol Officer. Xavier Harrison from the Vest-a-Dog program presented Officer O'Neil with a bullet-proof vest and explained how the program raises funds so that K-9 officers can be provided with life saving vests. PUBLIC HEARINGS None. CITIZEN COMMENTS Randy Mezger,vice-president of Sundial Homes,addressed the City Council. He commented that it has been stated over and over that the recent annexations to the United City of Yorkville had nothing to do with a landfill however the annexation agreement with North Star Properties states that the owner contemplates the establishment of a landfill on the subject property. He stated that he did not understand how the Council can say the annexation agreement is not about a landfill. He explained that Sundial Homes has$2 million invested in property near the landfill. He asked the City Council to vote against the vacation of Sleepy Hollow Road. Alderman Bock noted that the agreement addresses the possibility of a landfill happening however it doesn't say it is definitely going to occur.He explained that if and when a landfill is sited,there will be ample time for anyone interested to express their concerns. He further noted that no one on the City Council has decided one way or another regarding a landfill. Bradley Mathre of Newark addressed the City Council. He indicated that he was the Highway Commissioner for Fox Township Road District and that Sleepy Hollow Road is in Fox Township. He stated that the township was approached by the landowner,Mr.Hammon,to vacate the road about two years ago. The matter was brought before the township board which discussed the following: o Sleepy Hollow is a 1 '/4 mile right-of-way(ROW)in one of the fastest growing counties in the country and once they gave up the ROW they would not get it back. o The road connects Route 71 to Walker Road and they felt it was an artery worth considering. o The maintenance of the road(snow plowing,applying gravel,grading,mowing,etc.)has never been excessive in cost or time. o The road is about 1 i/.mile west of High Point Road and approximately 1 '/4 east of Hollenback Road. o The Newark Fire Protection District recommended that the road stay open for use in the necessity of a detour. o Fox Township residents also asked that the road remain open. o There is a new map from the Kendall County Plan Commission indicating that when the Prairie Parkway is constructed it will go over the railroad tracks. The Plan Commission decided that they would like to see a road go straight west from the intersection of Fox Road and High Point Road,under the Prairie Parkway. This road would curve to the south and meet at Route 71 at Sleepy Hollow Road. Mr.Mathre stated that if the vacation of the road is due to maintenance,Fox Township would be open to entering into an Intergovernmental Agreement for the grading of the road. He also expressed his concern that if the road is vacated,there is still 3/8's of a mile on the south end where it meets Walker Road that will still be a public road. Alderman Spears stated that the City Council was informed that Sleepy Hollow Road had been closed for a period of time due to flooding. She asked if Mr.Mathre could give some background on this. Mr.Mathre responded that he could not;he became road commissioner in 1997 and culvert was affected by the flood in 1996. Alderman Spears asked for an approximate monthly cost for an Intergovernmental Agreement. Mr.Mathre explained that they have one with Millbrook which covers 2'/z miles of road with signage and a railroad crossing and their The Minutes of the Regular Meeting of the City Council—October 10 2006—nage 3 agreement calls for a payment of$600.00/month. He felt that the maintenance of Sleepy Hollow, which is a simple gravel road,would be much less. Alderman Wolfer asked if Lisbon Road ended at High Point Road and ran parallel to Sleepy Hollow Road and Mr.Mathre stated that it did. Todd Milliron,51 Cotswold Drive,addressed the City Council. He pleaded with the Council not to vacate Sleepy Hollow Road. He stated that the road running down the middle of the property is the reason the site has not been developed. He noted that the township did not vote to vacate it and the vacation of the road would be done to appease the owner and open the site up for a landfill. He stated that he attended the Kendall County Board meeting where they debated the points to negotiate on the Kendall County Host Agreement. He stated that the debate is ongoing and has surpassed ten to twelve hours of public debate to date. He stated that the City Council was encouraging the landowner,Mr.Hammon,by giving him the vacation of Sleepy Hollow Road at no cost. He noted page 6,item 15 of the North Star Annexation Agreement which indicates"City Assistance". He asked why the City Council was helping Mr.Hammon with a dump no one in the City or County wants. He indicated that he has paid taxes to Fox Township for ten years for the upkeep of Sleepy Hollow road and it is his road and a public right-of-way. He stated that the City Council was going to take away the road and give it to Mr.Hammon so he can reap financial benefit at the expense of the surrounding residents. CONSENT AGENDA 1. Monthly Treasurer's Report for August 2006(ADM 2006-64) 2. Sprint Corporation Cellular Phone Contract-authorize Finance Director to execute (ADM 2006-56) 3. Strategic Planning Contract with Sikich,LLP—approve in an amount not to exceed $6,900.00 and authorize Mayor to execute 4. Ordinance 2006-119—Authorizing the Issuance of Waterworks and Sewerage Revenue Refunding Bonds in an aggregate principal amount not to exceed$6,000,000.00 or in lieu thereof,General Obligation Refunding Bonds(Alternate Revenue Source),in an aggregate principal amount not to exceed$6,000,000.00-authorize the Mayor and City Clerk to execute(ADM 2006-67) 5. Resolution 2006-90—Authorizing the Establishment of a Checking Account at Old Second National Banking to administer a Housing and Urban Development Economic Development Initiative Grant -authorize the Mayor and City Clerk to execute(ADM 2006-68) 6. Resolution 2006-91—Declaring Official Intent to Issue Sales Tax Revenue Bonds for Kendall Marketplace-authorize the Mayor and City Clerk to execute(ADM 2006-69) 7. Schoppe Design Associates Scope of Service for Updated School Site Study—approve in an amount not to exceed$18,750.00,subject to School District confirmation of commitment to fund half the cost(ADM 2006-70) 8. PDQ Link,Inc.Water Tower Lease Agreement-authorize the Mayor and City Clerk to execute(COW 2006-09) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Spears;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Munns-aye,James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. NE NUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting of August 15,2006;seconded by Alderman Wolfer. 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 September 26,2006 totaling the following amounts:checks in the amount of $649,772.31 (vendors);$204,290.52(payroll period ending 9/16/06);for a total of$854,062.83 (revised 9/30/06);seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Munns-aye,James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-present,Burd-aye The Minutes of the Reeular Meeting of the City Council—October 10,2006—naee 4 REPORTS MAYOR'S REPORT Proclamation for Character Counts!Week Mayor Prochaska read a proclamation for Hunting and Fishing Days(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer;seconded by Alderman Burd. Motion approved by a viva voce vote. Alderman Spears noted that based on recent events in schools across the nation,she felt this was a good program which can help make schools a safe environment. Vacating a Portion of Sleepy Hollow Road Mayor Prochaska reported the attorney for the petitioner and landowner has asked to speak to the City Council before the matter is considered. Alderman Munns noted that two aldermen needed to recommend this and he and Alderman Wolfer did so. Attorney Vince Rosanova addressed the City Council and asked on behalf of the petitioner that the City Council vacate a portion of Sleepy Hollow Road. He noted that regardless of the outcome of the vote,the petitioner will submit a formal application to site a landfill on the property. He stated that this matter was discussed at the September 26,2006 City Council meeting and it was asked that the matter be reconsidered at tonight's meeting. Mr.Rosanova stated that subsequent to the September meeting,the petitioner retained KLOA Traffic Engineers who conducted a traffic study on October 5,2006 on the portion of road to be vacated. The study was distributed to the City Council(see attached)and Attorney Rosanova noted a misstatement in the first paragraph which states that the petitioner is seeking to vacate Sleepy Hollow Road between Route 71 and Walker Road. The petition actually seeks to vacate a portion of the road south of Route 71 which is adjacent to the petitioner's property on both sides. The vacation will not extend to Walker Road. The traffic study was conducted from 6:00 to 9:00 a.m.and then again from 3:00 to 6:00 p.m.and during these periods,only a total of eight trips were generated. He felt it was a realistic statement to make that this portion of Sleepy Hollow Road carries an extremely low volume of traffic and the vacation would have a minimal impact on traffic in the local area. Mr.Rosanova noted that Hollenback and Lisbon Roads are the collector roads designed to handle the north-south traffic in the area and that High Point Road is, going to be realigned in the future to provide a more direct north-south connection between Route 71 and Fox Road. He pointed out that Sleepy Hollow Road is a gravel road and would be an unnecessary expense to the City if it is not vacated as well as a safety issue because of the diminished visibility at the intersection of Sleepy Hollow Road and Route 71. Mr.Rosanova noted that at the October 26'"meeting,Mr.Thurow addressed the City Council regarding the vacation. Mr.Thurow stated that he was unsure as to exactly what was going on with Sleepy Hollow Road. Mr.Rosanova assured the City Council that all state statures pertaining to public notice and publications were complied with. He also explained that the petitioner and his representative met with Mr.Thurow and explained the vacation to him and its lack of affect on adjacent properties to the south. Mr.Rosanova reminded the City Council that on October 26, 2006 the City Council approved an Annexation Agreement governing the development of this property and pursuant to Section 15 of the agreement,the City agreed to adopt an ordinance vacating a portion of Sleepy Hollow Road. He stated that this was a negotiation entered into in good faith by both parties and by the approval of the ordinance the City is bound to vacate the road. He respectfully requested that the City Council approve the vacation of Sleepy Hollow Road. EXECUTIVE SESSION City Attorney Wyeth reported to the City Council that he received a communication at approximately 4:00 p.m.regarding this matter that gives rise to a threat of litigation that he felt should be discussed in an Executive Session. Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing Litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent. So moved by Alderman Wolfer,seconded by Alderman James. Alderman Munns commented that he was not going to be pushed or prodded into a decision because of a threat of possible legal actions. He stated that the City Council was trying to vote on The Minutes of the Reeular Meetine of the City Council—October 10,2006—aaee 5 things in good faith. He stated that he will listen to what is said about the litigation but he will not let it affect his vote. Alderman Spears commented that she had a problem with the City Attorney finding out about this at 4:00 p.m.and suddenly now an Executive Session is needed. She stated that on many occasions,the City Council has been contacted before meetings and been informed about things such as this. She stated she had a problem with the whole situation and felt the matter could have been postponed. Alderman Wolfer stated that he agreed with Alderman Munns. He explained that he has driven out on the road and has come to a decision based on what he has read and seen. Alderman Burd suggested moving ahead with the vote because the City Council should not let pending litigation sway the vote on this matter. She stated that she was contacted personally by an attorney who explained the possibility of litigation if she did not vote the way they thought she should vote. She stated that pending litigation will not have any affect on her vote. She stated that she would prefer not to go into closed rooms because people feel the City Council is "wheeling and dealing"in back rooms. Alderman Leslie noted that he voted against the four annexations and that now he was being put into the position to vote on something that could lead to litigation. He stated he did not like being threatened or being put into a position where his vote is a potential threat against the City but he would like to go into closed session. Alderman James commented that he thought it was important for the City Council to have all the facts before they vote. He stated he would like to go into closed session. Aldermen Wolfer and Munns agreed with Aldermen James and Leslie. Alderman Spears stated that with the City Council past votes and special meetings it is questionable if what the City Council did was legal. She stated that even though the City Council was directed that everything has been legal,she is researching this further. She commented that this will probably not be the only litigation brought against the City Council. Mayor Prochaska noted that he did not include the attorneys be included in the Executive Session. He asked that the motion of the floor be rescinded and restated. Alderman James withdrew his second and Alderman Wolfer withdrew the motion. Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing of Litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent. He asked that Attorneys Wyeth and Price be included in the session. So moved by Alderman Wolfer;seconded by Alderman James. Motion approved by a roll call vote. Ayes-6 Nays-2 Besco-aye,Leslie-aye,Wolfer-aye,James-aye, Munns-aye,Burd-nay,Spears-nay,Bock-aye The City Council entered into Executive Session at 7:49 p.m. The City Council returned to Regular Session at 8:24 p.m. Mayor Prochaska entertained a motion to approve an ordinance vacating a portion of Sleepy Hollow Road located south of Route 71 in furtherance of an Annexation Agreement with the owner,as presented,subject to legal review. So moved by Alderman Besco;seconded by Alderman James. Alderman Spears thanked Mr.Mathre for the information that he provided. She stated that it was her personal opinion,based on the information presented by Mr.Mathre and the fact that the vacation of the road has been denied,that the road should not be vacated and left as is. Alderman Leslie wanted to explain to those present that the vacation of the road needs to be approved by a%vote of the City Council and that the Council has been advised that the City will be sued if this vacation is not approved. Alderman Burd stated that a lot of things have come forward with public input that the City Council was not aware of previously and that the Council was trying to make decisions in a vacuum. She stated that she has spoken with county and township residents who explained that The Minutes of the Reeular Meetin¢of the City Council—October 10,2006—aaee 6 the vacation of this road had been discussed many times and was never granted and that the City Council was not privy to this information. She stated that the Council needed to consider the City's neighbors and respect their wants;they need to do what was best for the whole area,not just Yorkville. Motion defeated by a roll call vote. Ayes-5 Nays-3 Spears-nay,Bock-aye,Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Munns-nay,Burd-nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika had no report however she gave a report for Director of Park&Recreation Mogle who was not in attendance.She reported that Director Mogle has to get the order for three Ford F150 pick-up trucks in by October 12,2006 in order to participate in the state purchase program. She indicated that the funds for the trucks are in the budget. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported on the following events: o White goods will be picked up the week of October 16th. Items for the pick up should be out on the curb Monday morning. o Hydrant flushing would be begin the week of October 16'h and take two weeks to complete. o The last brush pick up will be the last full week of October. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMTTTEE REPORTS PUBLIC WORKS COIVUMTTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COM IITTEE REPORT No report. The Minutes of the Re¢ular Meetina of the City Council—October 10,2006—uaee 7 ADMINISTRATION COMMITTEE REPORT Approving a Hiring Process for Certain Employees(Non-Department Bead) (ADM 2006-72) Alderman Munns requested that this item be tabled to a future meeting as he has additional information coming in that could affect the outcome of the vote. A motion was made by Alderman Leslie to postpone this item to a future date;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-3 Bock-nay,Besco-aye,Leslie-aye,Wolfer-nay, James-nay,Munns-aye,Burd-aye,Spears-aye Establishing a Job Description for the Position of Community Relations Officer A motion was made by to approve a resolution establishing a Job Description for the Position of Community Relations Officer as presented and to authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Mayor Prochaska asked that this item be postponed to a future date as staff is researching the language of the job description. He stated that it is uncertain if this is a replacement of an existing position or if it is creating an entirely new position. This could also affect the new hiring code for department heads. Mayor Prochaska entertained a motion to postpone this item. So moved by Alderman Bock; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-1 Leslie-aye,Wolfer-aye, James-aye,Munns-aye, Burd-aye,Spears-aye,Bock-aye,Besco-nay ADDITIONAL BUSINESS Parking Ban Alderman Munns asked what the next step was in the process of the parking ban as the results have been published in the newspaper. Mayor Prochaska stated that staff is working on scheduling a community meeting on October 26,2006. They are in the process of getting a location for the meeting. Alderman Spears stated that she would appreciate receiving information before it is printed in the newspapers because she received calls and emails regarding the results. Mayor Prochaska explained that the Community Relation's Manager Spies had a discussion with a member of the press and was unaware that the information was going to be printed. She gave the City Council a memo regarding this. Alderman Spears stated that the memo was dated October 5,2006 however when she picked up her mail last Friday,October 6`s it was not in her mailbox;it was in her mailbox today. Mayor Prochaska stated that Manger Spies had told him she gave the City Council the memo on October 6,2006. Administrator Crois confirmed that Ms.Spies was directed to have the memo in the City Council mailboxes by Friday afternoon. Newark Boundary Alderman Burd stated that she was unaware of the City Council authorizing any type of discussion with Newark over boundaries. She stated that she read about boundary discussions in the newspaper and in the past the City Council gave direction for how discussions were to be handled. Mayor Prochaska stated that not all discussion have happened at the City Council's direction. Initial discussions have happened between mayors and if anything needs to be discussed or approved by the Council it was then brought to them. He explained that the initial discussion took place about six months ago and was between the mayor of Newark and himself. A few months ago,a trustee from Newark contacted him and asked for a meeting. At this time he was made aware that the trustees of Newark were uninformed about any discussion. At that time, he showed every alderman the concept he proposed. He stated that any formal discussions could either be held between the mayors or between the two councils. Alderman Burd recommended that the two councils discuss any future agreements. Alderman Spears recommended that the City Council meet with all surrounding communities to discuss boundary agreements. Mayor Prochaska noted that Joliet has been approached but has not responded;talks with Newark are in the very preliminary stages;there are agreements with Sugar Grove and Plano and Yorkville is almost contiguous with Montgomery. The Minutes of the Reeular Meetine of the City Council—October 10,2006—oaee 8 Petitions Alderman Burd stated that she was made aware that citizens are circulating petitions that they will bring to the City Council. She asked how this will be handled. Mayor Prochaska explained that once the petitions are received they will be turned over to the City Attorney for his opinion as to the course of action the City Council will be obligated to take. Clerk Milschewski stated that in the past,any petitions received have been copied to the City Council. Charitable Collections at Intersections Alderman Munns questioned the people collecting for various charities at the intersection of Routes 47 and 34. He asked if this could be addressed at the next Public Safety Committee meeting. Mayor Prochaska stated that this has already been discussed and will be on a future agenda. Chief Martin stated that he has directed the police officers to ask anyone at the intersection to discontinue collections until an ordinance is passed. Edwards Health Systems Mayor Prochaska reported that Edwards Health Systems has issued a press release indicating that they have identified a parcel of land on the south side of Yorkville that they will be developing as a medical facility. The location of the property is at Routes 71 and 126. EXECUTIVE SESSION Mayor Prochaska noted that there is no further information on the first item listed under Executive Session on the agenda so it is not necessary. Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing: o Collective negotiating matters between the public body and its employees or their representatives,or deliberation concerning salary schedules for one or more class of employees o For the discussion of minutes of meetings lawfully closed under this Act,whether for purposes of approval by the body for the minutes or semi-annual review of the minutes as mandated by Section 2.06 He asked that City Clerk Milschewski,City Attorney Wyeth,Police Chief Martin and City Administrator Crois be included in the session. He indicated that no action would be taken after the session. So moved by Alderman James;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Wolfer-present,Leslie-aye,Besco-aye,Bock-aye, Spears-aye,Burd-aye,Munns-aye,James-aye The City Council entered into Executive Session at 8:46 p.m. The City Council returned to Regular Session at 9:47 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Bock;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 9:47 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLMM HELD IN THE CITY COUNCIL CHAMBERS, DRAFT 800 GAME FARM ROAD ON TUESDAY.OCTOBER 17,2006. Mayor Prochaska called the meeting to order at 6:30 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present(arrived at 6:37) Ward III Bock Present Munns Present(arrived at 6:40) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Attorney Wyeth,Interim City Administrator Crois, Assistant City Administrator Olson,Finance Director Mika and Community Development Director Miller. OUORUM A quorum was established. CITY COUNCIL REQUESTS Mayor Prochaska explained that this meeting was called by Aldermen Munns,Spears and Burd for the purpose of having discussion on the Host Agreement. He introduced Attorney Derke Price and Brooke Beal,the authors of the agreement. Attorney Price addressed the City Council and introduced Mr.Beal. He explained that Mr.Beal, who is the Director of the Solid Waste Agency of Northern Cook County and a private consultant to municipalities and counties,is one of his panel of experts who is helping guide the United City of Yorkville in this process. Mr.Beal brings a government view to the process. Attorney Price asked Mr.Beal for his expertise and together they drafted the Host Agreement. Attorney Price stated that he felt that the purpose of this meeting was to be an educational component as to where the United City of Yorkville is in terms of what the Host Agreement has done for the City and where it is about to go. He explained that this is a long process and as of this time,no application has been received. For this process to begin,an application for a landfill needs to be filed with the City so that it is knows what is being proposed. The City then reacts to the application and gathers more information. One of the tasks of the City Council is to evaluate the application and the evidence presented. If the application meets the criteria,the City Council may impose conditions that are tailored to what is presented. He explained that the Host Agreement sets up the opportunity to tailor the application based on public input. The agreement also sets the ground rules which protects the City in the process and sets the general parameters for what the agreement will be and how the parties will approach it if an application is received and if it is approved. Attorney Price stated that he prepared a memorandum dated October 16,2006(see attached) which contrasts the City's agreement with that of Kendall County. He explained that both the City and Kendall County have the same goal in mind however two different approaches were taken to protect the quality of life in Kendall County,minimize the negative affects of the process,minimize the negative affects of a landfill and maximize the positive benefits. Attorney Price explained that he listened to the City Council's input on recent annexations and developments. He paid attention to what the City Council seemed to value in its planning process;making a difference to the people who are most affected by development and making public input meaningful. He made these the guiding principals of the agreement;make an immediate difference for the people affected and make room for public input. He explained that he took a governmental approach which is concerned with the day-to-day things. He stated that this approach was taken to Fox Moraine,the potential applicant,who was willing to look at the process in the same way. Attorney Price explained that if a landfill is sited,it is there for twenty years with another thirty years of post-closure;a landfill is a fifty year relationship. He stated that if any relationship is combative it is less efficient and less productive when it comes to getting things done. The Minutes of the Regular Meeting of the City Council—October 17,2006—page 2 Attorney Price gave an example of the ground water protection program. Both the County and City agreements have a program however they differ dramatically on how they resolve a problem with a well owner. The City's program obligates the landfill operator to provide potable water within twenty-four hours and continue this service until test results indicate the landfill is not the cause of the problem. With Kendall County's agreement,the complainant must first obtain a laboratory analysis that shows the landfill is responsible for the water problem before the operator has to provide a potable water supply. Attorney Price stated that police power has been the big question;has the United City of Yorkville given their police power away? He explained that this power is twofold;it is the authority to regulate as well as the ability to take physical control of persons or property if necessary and the City has not given this power away. He further explained that any landfill must conform to regulations set by the state and federal governments(the Illinois Environmental Protection Agency(IEPA),the Illinois Pollution Control Board,etc.). He stated that the agreement gives the host the right to monitor and audit the operation,books and records of the operator. Because the City does not have the in-house expertise to do this,a safeguard was built in the Host Agreement to provide for reimbursement of the cost. The County's Agreement provides for reimbursement of up to$100,000.00/year for reasonable costs and the operator has a say in what are reasonable costs.Whereas the City's agreement opts for complete objectivity;the operator has no say in the independent monitoring or the cost involved. The cost is covered by the Host Fees. Attorney Price explained the enforcement of compliance outlined in the agreement. He stated that the City has taken a proactive approach and front loaded the right of the City to take control of a problem and make any changes necessary to resolve it. The City has within 48 hours to notify the operator of any violation reported. The operator then has 72 hours to either fix the problem or give notice that it will take longer to fix it and then give a plan of action. If after the end of five days the City does not like the outcome,it has the right to take control of the situation with its experts and dictate what will happen. The operator will have to pay all the expert and consultant fees needed to resolve the violation and the City will have$10,000.00 on deposit up front to start this process. Attorney Price went on to explain that in the County's agreement,if a complaint is received,the County gives notice to the IEPA and Waste Management and then they wait thirty days for the IEPA to do something. If the IEPA does something in thirty days,the County might not do anything. If the IEPA doesn't act in thirty days,the County has the right to seek an injunction but cannot do so under 5.3 of their agreement until day sixty. They are waiting sixty days before they ask the court for relief. Attorney Price turned the presentation over to Mr.Beal who discussed arbitration. He stated that the County has a full docket and is shortjudges so getting an injunction is a long process. Arbitration goes before a panel with backgrounds in engineering,environmental science,etc. Arbitrators can come to Yorkville to handle the dispute in a timelier basis. Mr.Beal went over the Host Compensation Fee Comparison chart. Upfront the City has more funds than the County. After that,the city starts to lose ground due to the sharing of funds with other units of government,recycling programs,environmental protection programs,etc. The City's host fee also does not get the escalator of the Consumer Price Index(CPI)because it is set by statute. This impacts the funds the City ultimately gets from a landfill. Mr.Beal explained the Assignment of Rights. Both agreements restrict this without the City's consent. He noted that the County's agreement has a good point which is that any sort of transfer calls for a public hearing. He suggested that this provision be put into the siting conditions. Mr.Beal explained that some items such as an End Use Plan,Traffic Plan,Spill Reimbursement, Truck Tarping Plan and Communications cannot be defined until an application is filed and public input is received. Mr.Beal and Attorney Price entertained questions or comments. Alderman Burd asked Attorney Price and Mr.Beal to explain how the Host Agreement can be amended. Mr.Beal explained that the Host Agreement can be amended if both parties agree. He stated that the agreement locks down essential terms. He stated that the more that is locked in now,the less the City can affect it with siting conditions. Alderman Burd asked him to explain siting conditions. Mr.Beal stated that if a landfill is sited and meets the criteria,the City Council can apply conditions at this time. This is where the"tailoring"comes into affect. As this meeting was scheduled before a public hearing at 7:00 p.m.,it was recommended to adjourn the meeting until a date in the future. Mayor Prochaska recommended the date of Monday,October 30,2006 at 7:00 p.m. The Minutes of the Reeular Meetine of the City Council—October 17,2006—naee 3 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn the meeting until Monday,October 30,2006 at 7:00 p.m. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Meeting adjourned at 7:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 9 MINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE LARGE INSTRUCTION ROOM OF THE YORKVILLE HIGH SCHOOL, 797 GAME FARM ROAD THURSDAY,NOVEMBER 30, 2006, 7pm The meeting was called to order at 7pm by Mayor Art Prochaska and he asked all to join him in the Pledge of Allegiance. (Note: Tape malfunctioned during above portion) ROLL CALL Roll was called and a quorum was established: Ward I James Absent Leslie Present Ward II Burd Present(arr. 7:12pm) Wolfer Present Ward III Munns Present Bock Present Ward IV Besco Present Spears Present Also present from the City were: Acting City Administrator John Crois, Assistant City Administrator Bart Olson, City Attorney John Wyeth, Public Works Director Dhuse. See also guest lists attached. Presentation: 1. Presentation by City Experts on Solid Waste Siting Process, Questions from City Council and Public Mayor Prochaska said there would be a question/answer period and the purpose of this meeting was to discuss the landfill process and how it works. He then turned the meeting over to Derke Price, Attorney. Mr. Price said this meeting was a continuation of the one from two weeks ago and that experts were again present to answer questions. He continued that the State of Illinois has set the criteria for a landfill siting and it will either meet or not meet those criteria. He said that testimony cannot be taken outside the process. The landfill applicant reimburses the host authority for the cost of obtaining experts to test the evidence on nine criteria. Those criteria are: 1. Need 2. Health, safety and welfare of public must be protected Page 2 of 9 3. Minimize negative impact on surrounding property, (appraiser will evaluate) 4. Located in flood plain? 5. Plan of operation(how it works) 6. Traffic pattern and traffic flow 7. Does facility accept hazardous waste, (host agreement does not allow) 8. Consistency with County solid waste management plan 9. Recharge area The application is expected to be filed tomorrow (December 1) and hearings will begin the first full week of March with the decision being made 180 days after the application filing date. Mr. Price outlined the process and said the key to the process is the ordinance that gives an outline. When the application is received, anyone can be a participant, subject to the ordinance. Participation can occur in the following manner: 1. Groups can hire an attorney 2. Citizens may represent themselves 3. Persons can represent a group Persons can also participate in the following ways: 1. Can present testimony, subject to cross-examination 2. Can present evidence without testifying 3. Comments At the end of 30 days,persons or groups can submit written comments that will be presented to the City Council by the Hearing Officer. The ordinance states that only lawyers can cross-examine,however, citizens can submit written questions to the Hearing Officer prior to the hearing. Mr. Price then addressed the City Council. He said that as of December 1St, Council members cannot talk with anyone about the landfill since they will act as the judges. If the Council has landfill questions,they must write them down and save for the hearing. If the Council has process questions, they must contact Attorney Wyeth. At 7:20pm,the floor was opened for questions from those in attendance: RANDY SCOTT Is there a requirement that all the Council members be in attendance? Will the hearings occur on weekends and evenings? Response: The ordinance calls for a quorum,but the record must be available to the Council members if a session is missed. The hearings will also be videotaped and will be available to Council members and participants. Hearings will occur evenings and weekends. Page 3 of 9 CHUCK ROBERTS How does one participate or get on a committee? Response: You must go to the Clerk's office, file a form and you will receive a copy of the ordinance. The Council must make a decision at the end of 180 days because inaction would default in the applicant's favor. Hearings are started at the 90th day since adequate preparation time must be given to participants and the applicant as well. By the 80''day, citizen comments or rebuttals must be given to the City. RON PARISH Mr. Parish asked if Mr. Price picked the experts and how many times he has done this. He asked Mr. Price if it was true that he had only chosen experts one time as an attorney. He questioned possible bias in witnesses. Is Mr. Price paid by the City and is the salary reimbursed by Mr. Hamman? He believes Mr. Price is working to put the landfill in. Mr. Parish said he has faith in the City Council members, however, he knows they only have a few hours a day to devote to this. He said the City should be represented by a lawyer who does not favor the landfill, has time to read all the documents and will help the Council make a decision. He said the whole process scares him and he asked who will represent the citizens. He added that the experts have not advised about anything that the people should watch for in this process. Mr. Parish also noted that he did not know how the Council members would have time to read all the material and they would need help in making a decision. There was also a brief discussion of the credentials of the experts. He also expressed his concern for the property surrounding the landfill. Leachate is also a concern as well as clogged pipes. Mr. Parish stated 3 other concerns: 1)the annexation was rushed,2) Sleepy Hollow Road was given away very rapidly, 3) Council members met in groups of 2. Another concern is that some people were not allowed to speak. There was also discussion regarding if the landfill was in the County, rather than City. Response: Mr. Price hires the experts and has done this on five occasions. He has overseen one other landfill besides Yorkville's and has done one expansion, all these as a lawyer. He is paid by the City and ultimately reimbursed by Mr. Hamman. He is not working for the landfill, rather he is here to test the evidence. The experts have been hired by the City(ultimately reimbursed by Mr. Hamman). Mayor Prochaska also noted that consultants are always reimbursed by the developers of any projects. Mr. Price said the landfill processes he was involved in were denied and he was reimbursed fully. Alderman Munns added that Mr. Price and the rest of the experts are paid no matter what the decision is. He pointed out that jurors in a trial, do not have expertise in law enforcement and he compared that to the Council members acting as jurors. Mayor Prochaska asked the experts if they had been involved in any denials of landfills and each expert related their experiences. He added that the City retained these experts since the Council cannot conduct all the research. Page 4 of 9 In the next 90 days, Attorney Wyeth and the Hearing Officer are the only resources for the Council regarding questions. GEORGE GILSON Mr. Gilson felt the City had made the application process very easy for Mr. Hamman. He asked if one of the panel experts was employed by EEI and whether EEI had numerous city projects. He felt that was bias since EEI depended on the City. The rapid vacation of Sleepy Hollow was also questioned. If there are lawsuits against the City and they are not resolved before the process begins, will the process stop? If the lawsuits are won, will the process start over from that point? Mr. Gilson also asked if it is determined that the City did not give proper notification of the Sleepy Hollow vacation, will this process start over? He also questioned the credentials and ability of the experts to make this decision. The non-attendance at some meetings by some Council members and the Mayor was also brought up by Mr. Gilson. Bias comes in many forms such as the EEI employee on the panel and the City's potential financial gain from the landfill. He also felt there should be other experts/lawyers reviewing the information with the City Council and for cross-examination purposes. Response: Mr. Dunn is employed by EEI. Regarding the lawsuits the process will go forward unless a valid claim is presented. Mr. Price also felt the process would not start over for the vacation of the road. The Mayor replied that he had not attended some meetings since more than one meeting occurred on the same night and in addition, he had family issues out of town. Alderman Leslie said he had not attended the first meeting to avoid bias since it was sponsored by the landfill group and that he attended the City meeting on the second occasion. Other aldermen attended other meetings. Ms. Spears noted that she attended many meetings, including County meetings and has read the host agreement. She also requested information on the roll of the Hearing Officer. Mr. Price replied that the roll is one of a judge and that he will preside over the process, rule on objections, set the schedule, present options and help with the final decision. The Hearing Officer has no association with the landfill applicant according to Attorney Price. Alderwoman Spears then addressed a question to a Mr. Murphy in the audience and asked if the Hearing Officer had represented him in a case in Elgin. Mr. Murphy replied affirmative and that it occurred less than 2 years ago. According to the disqualification rules, she felt this would be a bias. She felt the Hearing Officer might have difficulty with being unbiased. Mr. Price said he believed that Mr. Murphy is a consultant in this process and has been described as Mr. Hamman's partner. This will become apparent when the landfill application is filed December 1St. She would like to know how long they have been partners. Mr. Murphy replied that he had never been a partner to the project, he is strictly a consultant. A change of Hearing Officer was recommended by Ms. Spears in view of this information Page 5 of 9 DARREL BROWN He asked if the Council's final vote could be based solely on the County ordinance regarding the landfill. Response: Mayor Prochaska said the City must go through the entire process and Attorney Price stated that the decision could be based solely on that ordinance. He cited an example of a similar case in the City of Kankakee. JIM LaPORTA He asked if an individual must be represented by an attorney and also be subject to cross- examination. He said he has fact-based evidence regarding this process. Response: An individual is not required to have an attorney. If an individual is willing to be cross-examined,that testimony will carry more weight. If there is no cross- examination,the testimony will be considered commentary according to Attorney Price. JIM BIRCH He asked if the experts would ask the questions, if they would make the recommendation to the City Council and if the Council would be present. Response: Mr. Price answered that the Council will be present at every hearing and they must have a quorum. Each expert will be looking at certain aspects. Each expert will have a backup person and certain criteria will be discussed on certain days. A court reporter will also be present. This entire process could take 12-15 weekends. Alderwoman Spears asked what would occur if there was no quorum and if that would be advantageous to the applicant. Mr. Price answered that it could be an advantage if the process was not finished in 180 days because it could then be approved. The Hearing Officer and Mayor together, could have subpoena power if there was no quorum. The question was raised by Alderman Munns about possibly not being able to complete the process in 180 days if numerous witnesses were brought forward thereby creating a filibuster-type situation. Attorney Price answered that this would not be"fundamentally fair"for either side to take this action. JEFF WARD Mr. Ward asked what would occur if the City Council were to overturn the County ordinance,the process was approved and the County wanted to appeal that decision? He also asked if the final decision could be made prior to the 180-day time frame and if the citizens would know how each Alderman voted since election day is coming. He expressed concern about the way the host agreement was written,that it could have been more prohibitive,but instead looks very attractive. He felt it could have been written with standards more strict than the County. Page 6 of 9 Response: Mr. Price pointed out that the City could not overturn the County ordinance. The decision can be reached before 180 days is up. The Mayor said there is a minimum and maximum within the time frames. The meetings could begin the first week of March. When the hearing is completed,there are 30 days in which to submit material. Alderman Leslie pointed out that dynamics of the Council could change when the terms of some Aldermen expire at election time. TOM ZERANTE He stated his concern regarding the use of railroads to bring in garbage, even though the applicant has said trains would not be used. Could the applicant later put in a rail spur on the basis of financial hardship? He also stated that it was interesting that this application process was begun before and will continue into election time. If a decision is not reached until after the elections, new Aldermen will have to be brought up to speed in a short period of time. Response: Mr. Price said train usage must be stipulated in the agreement. If it is not written in the application, then that request does not meet the criteria. The agreement can be refined based on evidence. If a rail spur was desired, the process would need to start over. There was discussion about the ability to restrict garbage from Kendall County only. Alderman Leslie stated he had asked that question at an earlier meeting and the landfill applicants stated they would not agree to that. Mr. Leslie said there had been an opportunity to place that verbage in the annexation agreement, but was led to believe that opportunity would only be available when evidence was presented. Alderwoman Burd pointed out that some concessions were made such as the vacation of Sleepy Hollow Road, in order for the landfill applicants to make an agreement with the City(for City control)rather than the County. TODD MILLIRON Mr. Milliron asked how many landfills were within one hour of Yorkville. He also had concerns that the host agreement was done "behind closed doors" and that it was designed for small to medium sized garbage companies. He discussed the tonnage per day and the money the City would receive, as well as what the County would receive. Mr. Milliron said a financial incentive arrangement was created for Fox Moraine. There is also concern that garbage would be coming from counties other than Kendall and that the landfill applicant might not have experience in running such a facility. He cited a Beacon News article that stated the landfill company had walked away from a County agreement because it would not be profitable. Mr. Milliron asked how the price per ton was determined and was concerned that no input was allowed on the host agreement. Another point made by Mr. Milliron was that there are currently five open dumps within an hour of Yorkville that are not filled to capacity. He also addressed the traffic generated and said it would include approximately 190 trucks per day with two-thirds of the garbage stream coming from I-55. Page 7 of 9 Response: Mr.Beal listed the nearby landfills. Attorney Price addressed the fees and said the City is on par with the County except for CPI. Yorkville falls behind in money because of the recycling program to which the County is not committed. Mr. Price said that requiring a minimum tonnage sets up potential problems and possible unsafe conditions. Attorney Price specifically described how the price per ton was set. It begins with the market price per ton in northern Illinois, the volume and land donation. There was further discussion of the costs and it was noted that is based on a million tons of garbage a year. He also added that the host agreement is not open to public input. SHARON BOND Ms. Bond inquired about the availability of the Hearing Officer to the citizens. How does a citizen get questions to him? She said she had emailed the Aldermen and only received responses from three. She wondered how the Council members will be able to read all the associated paperwork if they do not have time to respond to emails. She is very concerned about her water supply in the future since she is 250 feet away from the proposed landfill. Response: The Hearing Officer is not accessible to the general public,however, questions can be written and they will be given to him at each hearing. LOUIS THUROW He expressed his concern about the water supply and also for his grandchildren. He asked what protection is being offered to keep contaminants from the wells and how is human error prevented. He also asked if the experts are bonded due to the possibility of lawsuits. There is already a problem with Mr. Hamman's facility due to plastic and other debris landing in his field. Though this is not intentional, something must be in place to protect the environment. Mr. Thurow said that he was chairman of the County Zoning Board of Appeals for 23 years and is very concerned about this project and the experts have not proved they can protect the water. Who will pay when wells become tainted? He represents a lady who owns property and she is an'heir of the first white child born in Kendall County. She is very dismayed to hear of this potential landfill. He felt Sleepy Hollow Road,near his property, should have been kept open for fire safety. He felt it was for the benefit of Mr. Hamman. Response: Dr. Benson acknowledged that no system is perfect, however, a series of backups is put in place. None of the experts are bonded. He also said that landfills have a remarkable track record and added that he does not know of any cases of a lined landfill that contaminated groundwater. Dr. Benson assured Mr. Thurow that he had considerable experience and will do his best to critique the evidence. The legal hearings will begin in March and will be publicized in the paper. Page 8 of 9 Alderwoman Burd said she and Ms. Spears voted against the Sleepy Hollow Road vacation and stated they were asked to change their vote since the Mr. Thurow had changed his position on that action because the property has frontage on that road. A new road will be built according to Alderman Munns. FRED DuSELL He noted that Fox Moraine is an LLP (Limited Liability Partnership). He stated that he is very disappointed with the actions taken in this process and insulted as a taxpayer. He said the process should have been open with a public forum. He was upset that Alderman Leslie had to offer a vote on the annexation agreement, under duress, under threat of a lawsuit by Fox Moraine personnel. The EEI affiliation also is upsetting. He said he knows of three pending lawsuits associated with this landfill. As a taxpayer, he wished to know how these costs would be financed. Response: The Mayor was not aware of lawsuits at this time. He did not know if the costs would be covered by the process or if they would come from a future general budget. Another possibility is that the developer would pay. MARK JOHNSON He said he is surrounded by City property,though not an actual resident. He commended the Council for all the work ahead. He asked if a timetable would be published for each step of the process. Response: Mr. Price replied that certain dates are known at this time,but upcoming items will be published and the website will also provide information. Mr. CHRIS MINICK He asked to whom questions should be directed. (Response not intelligible) Response: The application will be available to the public the middle of next week. RANDY SCOTT Mr. Scott asked why Mr. Hamman would want a landfill right in the middle of a populated area. Is this the last day the host agreement can be amended? He encouraged the Council to amend the agreement regarding water protection since he lives near the affected area. Mr. Scott asked the Council to think about this very carefully. He said the water flows in a northwest to southeast gradient. As a Pavilion Heights resident, he is also worried about future property values. Illinois has landfill space for 14 years. Response: The host agreement can be amended at a later time if both parties consent. Mr. Price added that concerned parties have up to 80 days to submit reports, evidence etc. and 30 days after the hearing ends to submit comments. Alderman Wolfer cited a case that was denied due to legislative considerations. Mr. Price said the denial must be based on evidence. Page 9 of 9 CHUCK ROBERTS Mr. Roberts made reference to the Prairie Parkway and noted there would be an interchange within a mile of the landfill. He said it reminded him of the"Field of Dreams"...if you build it,they will come". He said garbage will becoming from many points east of Yorkville and he hopes the City is prepared for this influx. WALLY WERDERICH He stated this is a hearing process,not a trial. A trial process is based on adversary–2 groups bringing opposing sides of a case and brought before a tryer of facts and the tryer decides which side is correct. A hearing process presents only one side of a storythat's the side of the landfill applicant. Though individuals can be part of the process, individuals are not allowed to cross-examine—it must be done by an attorney. He stated that he is an attorney and this will cost a lot of money and where will it come from? How many hours would an adversarial attorney expect to be at a hearing? He further asked how much Mr. Price charged for his services. Additionally, what are the charges for the experts? Response: Mr. Price responded that an attorney could expect to be present about 80-100 hours. His own charge is $160 per hour. The charge for the experts is over $100 an hour as well. RON PARISH Mr. Parish said nothing protects the citizens from the truck traffic. He believed that Fox Moraine determined their own liability bond. There is also concern for wind contamination and he asked if there is an air expert. Since the location is the highest point in Kendall County, he is very concerned about the odor permeating the surrounding towns. Where will the dirt be brought from for the covering process? Mr. Parish is worried that the mound of garbage will eventually be higher than the wires surrounding the area. He added that Fox Moraine will not allow the host agreement to be changed. He stated this is the last night he can talk to his Aldermen. Response: Mr. Beal said the federal government sets the bond. A plan for monitoring the air will be part of the application. Additionally,there will be a dust management plan to minimize the amount of dust generated. Roads, construction activities and gases will also be examined. The dirt source will be included in the application. JIM BURNHAM(Representative of Fox Moraine Landfill) He said his company has received much valuable input from many people at the meetings they have hosted. As a result,they have included some of those changes in the application they will file and will extend the property protection plan and the groundwater protection plan. The groundwater plan will include a 2-mile extension and the property protection plan-1 mile. Mr. Burnham stated there is plenty of dirt on site to be used for cover and there is 100 feet of clay. There was no further discussion and the meeting adjourned at 10:20pm. Minutes by Marlys Young, Minute Taker Page 1 of 9 DRAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, October 17, 2006—7:00 pm In Attendance: Cit-V Art Prochaska-Mayor John Wyeth—City Attorney Paul James—Alderman John Crois—Interim City Administrator Valerie Burd - Alderwoman Eric Dhuse—Public Works Director Joe Besco—Alderman Susan Mika—Finance Director Rose Spears—Alderwoman(ieft 11:2o) Travis Miller—Community Development Director Marty Munns -Alderman David Mogle—Executive Director Parks &Rec. Jim Bock—Alderman Bart Olson—Assistant City Administrator Dean Wolfer—Alderman Bill Powell - Treasurer Paul James—Alderman Guests This meeting was preceded by a special Council meeting and transitioned directly into the C.O.W. Many guests were present. PUBLIC HEARING: Kendall Marketplace Business District See separate minutes. PRESENTATIONS L Walnut Enclave Concept Plan This development will include 24 rowhomes on slabs and will go before the Plan Commission for a hearing. R4 zoning will be requested and this allows higher density. Alderman James suggested that language be included in the agreement that would cover the maintenance costs of stormwater maintenance. In view of the proposed parking ban,Alderman Besco said he is concerned about overflow parking and would like dedicated parking. The density of this project is 6.9 (the zoning allows for 8). 2. Traffic Model Presentation by Parsons Brinkerhoff/SEC This report is in response to Council direction several months ago, to assess future traffic needs prior to any road improvements. Edward Zack of Smith Engineering introduced a PowerPoint presentation of the assessment forecast for the next 20-30 years. It was noted that the 2005 special census showed the population doubled since year 2000. The presentation also gave a"trip forecast'scenario,baseline improvement chart,maps of area roadways, improvement alternatives such as widening secondary roads and other facts and figures related to traffic in the coming years. A written report will be forthcoming. Page 2of9 ECONOMIC DEVELOPMENT COMMITTEE L Discuss Committee Liaisons Chairman Munns said he is waiting for further information and asked to table this matter until next week. Lisa Brody, Sr. Vice President of Rush Copley said she has been working with YEDC regarding the development of property on Rt. 34. She complimented YEDC and asked that the Mayor be reappointed to the YEDC. Dr. Engler of the Yorkville Schools also requested that the Mayor remain on the YEDC and added that the cooperation between the YEDC and Chamber of Commerce has been excellent. He said that having the Mayor on the committee is positive in terms of bringing in new commercial growth. Echoing these sentiments was Harold Oliver who agreed that the Mayor should remain on the YEDC and is vital to their success. He invited Council members to attend the meetings. Alderwoman Spears agreed with these statements,however, she said improved communication is needed as Council members often read information about YEDC in the paper. Mayor Prochaska offered that certain information is not shared due to the sensitive nature. He said that minutes of the meetings could be reviewed. Since elections are only six months away, Alderman Bock said perhaps the current liaisons should remain in place. However, due to the recently adopted governing ordinance, the appointments must be made. Alderwoman Burd said some liaisons are apparently not attending meetings on a regular basis, since no reports have been made regarding those meetings. She concurred with Ms. Spears that the Council members should be apprised of YEDC information since the Council members are the ones who vote. Alderman Munns suggested that more than one liaison should be appointed to YEDC and make the Mayor a lifetime member. Alderman Wolfer cautioned that Council members need to be careful of possible conflicts of interest if they have a business in Yorkville. Ms. Burd said this is covered in the Statutes and she added that if a Council member is not a principal voting member of a business, it is not an issue. Jason Poppen,YEDC Board Director, said that the YEDC minutes are available to all City Council members so they can be informed of any actions. This item will move to City Council requests. 2. Economic Development Minutes—June 29, 2006 They were approved as read,will be posted to the website and will move to the consent agenda. 3. PC 2006-59%ritzberg—101 E. Center SL —Rezoning and Development Agreement 4. PC 2006-58%ritzberg—101 E. Center Street-Setback Variance Rezoning was requested on this property to convert the house to a business that will sell clothing, gifts and crafts. This request was before the Plan Commission and Zoning Board of Appeals and Page 3 of 9 received positive recommendations. There will be no free-standing signs and the signage will be on the wall of the business. Alderman Leslie expressed concern for a business backing up to residential. Mayor Prochaska asked for a site plan to be included and praised the efforts to convert this structure since it would be difficult to sell as a home. Aldermen Spears,Burd, Bock and Wolfer complimented the petitioner on the benefit of this business. Ms. Burd also noted that money is available from the Fagade Fund. These items will move forward to the consent agenda. S. PC 2006-34 Kendall Marketplace—Final Plat and Development Agreement Travis Miller recommended that the final plat be approved subjects to comments. It was suggested that the Cannonball entrance be placed farther south,however, EEI said it is too close to Rte. 34 and cars will stack up at the entrance. He also noted that the sign package was not part of the PUD agreement, but asks for two pylon signs that exceed the height and quantity requirements. The PUD agreement can be modified to allow waivers and Mr. Miller included a draft in the package. It was suggested by Mr. Munns that due to the amount of money being brought in by such a large development, it might be in the City's best interest to allow the requested signs if there were no traffic hazards. A representative of the development said they wish to have pylon signs to include space for all tenants to insure their success. He also said they wish to position them high for maximum visibility. The Mayor expressed concern about the 2 full entrances on the west side and that no allowance is made for a right of way to go through. The undeveloped area on the west side would have to place their full entrance elsewhere not allowing for alignment of the 2 entrances along Beecher Road. These entrances would most likely be signalized. Mr. Miller will work with the developer. 6 PC 2006-05 Bristol Ridge—Annexation,Zoning and Preliminary Plan This item came before EDC in August with revisions being needed prior to the final approval. Mr. Miller said there are two separate fee structures and that a portion of this property had already been annexed to a larger development. This will move forward to City Council where the annexation and zoning agreement will be considered. 7. PC 2006-68 Bristol Bay Unit 11—Final Plat 8. PC 2006-69 Bristol Bay Unit 12—Final Plat 9. PC 2006-70 Bristol Bay Unit 13—Final Plat All 3 items are consistent with the preliminary plan and Staff recommended approval subject to comments. The landscape plans have been resolved(from September 26`h). These items move forward to City Council consent agenda. 10. PC 2006-66 Nelson Subdivision—I %Mile Review This is a Mot subdivision and consistent with the comprehensive plan. Staff has recommended a permanent access easement. The 70-foot drive provides access to all three properties. Mr. Wywrot Page 4 of 9 recommended that a turnaround be added for emergency vehicles. Attorney Kramer said there will be a full circle turnaround and asked for a positive recommendation. This moves to the consent agenda. 11. PC 2006-74 X-PAC—Final Plat and Easement Vacation Two lots were consolidated into one lot in order to construct a building. The utility easements were vacated and utility companies were notified. This moves to the consent agenda. 12. PC 2006-36 Aspen Ridge—Final Plat This development is consistent with the comprehensive plan and Staff recommended approval. It moves forward to the consent agenda. 13. PC 2006-46 Matlock—Annexation and Zoning This is a revision of the agreement and the property is now contiguous to Green Briar. This will allow the extension of Green Briar Road. It moves to the City Council agenda. 14. PC 2006-78 Westhaven—Lakewood Homes—PUD Amendment Request Pulte Homes is the developer and Lakewood Homes is pursuing this development with the same plan as previously in place. Language was added to the agreement to allow for shallow water research and a$4400 cash contribution. He also reported that it was recommended that 50% of the units have masonry. Alderman Besco inquired about flush entrances. A Lakewood representative said it would be difficult to achieve and that this is an active adult, not assisted-living community. He said the entrances can be converted. Concern for the buried utilities was voiced by Alderman Leslie. Since the private roads are twisting and he thinks it would not be sensible in the event that repairs are needed. Alderwoman Burd stated that she concurred with Leslie and Spears about their concern for this development and expressed dismay that the Council approved 5,000 square foot lots. It was noted by the Mayor that a recommendation for fees for YBSD had been made,but not for the Kendall County Road Program. He asked that the Council consider a fee for this program. Some positive benefits were noted by Alderman Leslie: good citizens, little school impact and the fact that all are single family homes following the exclusion of the townhomes. Alderwoman Spears asked that the name"Lakewood"be included in the agreement rather than referring to them as "affiliate"(page 3 of agreement). She also questioned the changes of Exhibit "F"and asked what was contained in the original document. Clarification was made of vebage referring to recapture. It was also noted that Lakewood will not be the developer of the northern portion of the property. This matter will be forwarded to City Council next week if the necessary changes are made by the coming Friday. Since there was lengthy discussion, it will not be on the consent agenda. Page 5 of 9 15. EDC 2006-26 School Impact Fee Payment Agreement for Bristol Bay Subdivision Attorney Wyeth commented on the letter from Dr. Engler to Centex Homes that discusses the funding of the school site. The City Council was asked to acknowledge this agreement with the understanding that it would come back for an amendment to the annexation agreement. Ms. Burd complimented Bristol Bay for pre-paying in installments and thanked Castle Bank for facilitating this action. This allows the school to be built without a referendum. Mayor Prochaska thanked others in the City for assisting in the process. This item will return to the consent agenda next week for acknowledgment of the agreement. 16. EDC 2006-23 Amend SSA Policy This item provides for a more favorable review of SSA's if local contractors are allowed to bid for work in SSA developments. Though he agreed with local contractors securing work, Alderman Leslie asked if the Council would be overstepping their bounds in this request. Ms. Burd countered that regulations are set in the Appearance Code, annexation agreements and signage. Attorney Wyeth said a new policy would be drafted to address this issue and it will be incorporated in the standard annexation agreement that will be drafted. 17. EDC 2006-27 Back-up SSA Discussion Attorney Wyeth referred to a memo regarding the concept of the dormant(back-up) SSA. The question is: should the back-ups be considered at the time of annexation or wait until funding is actually needed? He said that many homeowners are surprised at the fees on their tax bills and particularly in view of the fact that a home can change hands many times. He asked for input from the Council. Ms. Burd commented that some homeowners do not want SSA's. Mr. Wyeth said that SSA's funds are used differently in various communities. Alderman Besco cited the example of the private roads in the Lakewood development discussed earlier that the City would not want to maintain. He felt the SSA's should be included initially and allowed to remain dormant until needed. The Mayor said more discussion is needed on this issue. He said the City staff is still needed to administer these and there could potentially be many small back-up SSA's. The back-up SSA's were begun in Fox Hill when the homeowners' association did not want responsibility of the retention pond. Back-ups are needed in the event of failure of the homeowners' association. Alderman Wolfer added that it should be included in the annexation agreement, that the developer is responsible for such maintenance until it is turned over to the homeowner. This matter will be discussed again in the future. Page 6 of 9 PUBLIC WORKS COMMITTEE (item#20 moved forward on agenda) 20. PW 2006-185 Sleepy Hollow Road Upgrades—Alternatives Alderman Besco said he asked that this item be included on the agenda. He had asked the City Engineer for an estimate to repair this road to bring it up to the City standards. He added that this road only has a 49-foot easement and that the City requires 66 feet. Seventeen additional feet would be needed to meet the standards. Alderwoman Burd said there are streets within the City that do not meet the standards. Since Sleepy Hollow is not heavily traveled, she said the City streets should be repaired first. Aldermen Munns and Spears concurred. Besco said that since Sleepy Hollow is a gravel road and is a hazard, it should be closed. An option suggested by Alderman James was to move the road,vacate the present one and obtain an easement in a better location. A wider right-of-way and signal was suggested by the Mayor. Potential liability was also mentioned, though no accidents have reportedly occurred there. It was suggested by Ms. Spears that perhaps the property owner could upfront the money needed for repairs rather than the City bearing the financial burden. Ms. Burd questioned whether or not the road was actually in the City or if it just borders the property that was annexed. The Township Supervisor of this property said he had recommended to the Township Board,that the road remain open. He clarified that this road has always been a township road, contrary to a statement made at an October 26th meeting at Beecher when it was noted as being a County road. He described the road as having minimal traffic and that he was not aware of any accidents there in 9.5 years. A resident of this area, Joanne Gilbert, addressed the Council. She said the road has been used for 45 years with no problem. She asked what road Sleepy Hollow residents should use if it was closed. She noted a school bus on this road just recently. There was a brief discussion among aldermen regarding the repair of older roads in town prior to repair for Sleepy Hollow since Dr. Engler had suggested he might not allow school buses on certain unimproved streets. Alderwoman Burd said that if this area becomes an industrial area, it should be improved the developers. However, an easement would be necessary to widen it to bring it up to standards. Alderwoman Spears moved that this matter be tabled due to the late hour and no impending development. It was noted that the governing ordinance does not impose a time limit at C.O.W meetings. There was no action on this motion. In conclusion, Alderman Besco said he will make a recommendation at City Council that the road be closed. Page 7of9 L Discuss Committee Liaisons Alderman Besco asked for a calendar of the meeting dates prior to liaison assignments. Mayor Prochaska described the role of the liaison as the point-of-contact person. No further discussion at this time. 2. PW 2006-167 Proposed Generator Sale An offer has been made by RJM Grading to purchase the City generator. This moves to the consent agenda. 3. PW 2006-168 Mosquito Control Contract 07-08 Eric Dhuse said the prices would remain the same on this contract and it was suggested that verbage be included that the contract is contingent upon the 07-08 budget. This moves to the consent agenda. 4. PW 2006-169 Rob Roy Creek Interceptor(Contract 6)— Change Order#2 This is a reduction of$22,613.16 and moves to the consent agenda. 5. PW 2006-170 Kennedy Road @ Freedom Place Intersection Improvement—Change Order#1 The change order provides for a decrease of$35,362. It moves to the consent agenda. 6. PW 2006-1712006 Joint and Crack Filling—Change Order#1 This is a decrease of$4,052 and moves to the consent agenda. 7. PW 2006-172 2006 Miscellaneous Bituminous Paving— Change Order#1 Change order represents as $388 increase. Moves forward to City Council,however, not on consent. Request for further discussion. 8. PW 2006-173 Raymond Storm Sewer Outfall—Change Order#1 This is an increase of$238,114,but will be paid for by the developer. This moves to the consent agenda, subject to the developer receiving funds. 9. PW 2006-174 Fox Hill Unit 5—Final Acceptance&Bond Reduction #2 The punchlist is complete and this item moves to the consent agenda. 10. PW 2006-175 Routine IDOT Highway Permit—101 E. Center Street This would allow for reconstruction of two driveway aprons onto Rt. 47. This moves to consent agenda. 11. PW 2006476 Ordinance Amending City Code 7-5-15-J Water Conservation Regulations This amendment clarifies the intent of the permanent watering system regulations for non- residential irrigation systems. The recommendation is to allow irrigation of up to one acre. There was a brief discussion of irrigation of landscaping in a split area. Mr. Dhuse said that for larger properties, three acres can be irrigated. This moves forward to City Council. Page 8 of 9 12. PW 200(-177 SW Regional Transportation Improvements—Amended Engineering Agreement 13. PW 2006-178 SW Waterworks System Improvements—Amended Engineering Agreement These items are amendments to the engineering contracts. Jeff Freeman of EEI said Pavilion Road was added and is now part of the overall regional improvements. This is based on SSA funding. It moves to the consent agenda. 14. PW 2006-179 Speedway Redevelopment—Sidewalk Agreement 15. PW 200(-180 Speedway Redevelopment—Plat of Easement 16. PW 2006-181 Speedway Redevelopment—Plat of Dedication Mr. Dhuse stated that these are all typical agreements and will encompass utilities. It was noted that Speedway no longer plans to upgrade the station. It was closed for a short time after realizing there were some sewer issues. This moves to the consent agenda. 17. PW 2006-182 Sunfield Restaurant—Plat of Easement This easement is for the proposed sidewalk and future utilities. Moves forward to consent agenda. 18. PW 2006-183 Bridge Street Self-Storage—Plat of Easement Easement for utilities and stormwater management. Moves to consent agenda. 19. PW 2006-184 BP Amoco—Plat of Easement This easement is part of the redevelopment and is for utilities and stormwater. This does allow for the new right-of-way. It moves forward to City Council. DETAIL BOARD REPORT BILL LIST) There was no discussion and this moves to City Council for consideration. PARK BOARD No report MAYOR L Tax Levy The City will move forward with the tax levy and the calculations will be at the November 7a' C.O.W. 2. Request for Support of County Road Tax Referendum Mayor Prochaska said he was approached for support of this sales tax. He asked the Council to decide if they wished to move this forward as an agenda item. This is the request for 1/2 cent referendum for County road improvements. The consensus was to include it on the Council agenda for a motion of support. Page 9 of 9 ADDITIONAL BUSINESS Finance Director Susan Mika said that a 6-month budget review will be conducted,however, it will not be completed until December because of the audit. A previous discussion had been held regarding the purchase of Blackberry phones, however, Mayor Prochaska said due to expense, the Palm Pilots will be replaced and the current phones will be kept. There was no additional business and the meeting was adjourned at 11:40pm. Minutes by Marlys Young, Minute Taker Pagel of 3 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE PUBLIC HEARING CITY HALL CONFERENCE ROOM OCTOBER 17, 2006 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Marty Munns Alderman Joe Besco Alderman Rose Spears Alderman Jim Bock Alderman Dean Wolfer Alderman Valerie Burd City Treasurer Bill Powell Alderman Paul James City Clerk Jackie Milschewski Alderman Jason Leslie CITY STAFF PRESENT: City Attorney John Wyatt Director of Parks&Recreation Dave Mogul City Administrator John Crois Assistant City Administrator Bart Olson Finance Director Susan Mika Public Works Director Eric Dhuse Community Development Director Travis Miller GUESTS: See attached list. PUBLIC HEARING Kendall Marketplace Business District Mayor Prochaska entertained a motion to go into public hearing for the discussion of the Kendall Marketplace Business District as proposed. So moved by Alderman Wolfer; seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Burd-aye, Spears-aye,Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye,James-aye Lisa Lyon from Ehlers and Associates gave a presentation to the City Council. She explained that she is an urban planner and was hired by the United City of Yorkville to evaluate the proposal for the Kendall Marketplace Business District,to provide research and to draft the plan. She stated that Ehlers evaluated the eligibility of the district which consists of approximately 140 acres at the comer of Cannonball Trail and Route 34. Their evaluation was based on the criteria set by Illinois state statute for Illinois business district and redevelopment areas. The drafting of the plan includes the evaluation of the eligibility, goals and objectives,a statement of a budget and other information pertaining to the term and limitation of the business district plan. The Kendall Marketplace Business District was formed to facilitate and support development of approximately 800,000 square feet of a retail shopping center which complies with the City's Comprehensive Plan. The combination of what the Comprehensive Plan indicates and the existing infrastructure of the site are the primary aspects of the findings of eligibility. The eligibility relates to the deficient infrastructure at the location for the scale of the development that is planned. The finding of eligibility is technically a finding of blight due to the predominance of defected or inadequate street layout. Page 2 of 3 The performance of the developer was also reviewed. Their revenues and expenditures to accomplish this project were evaluated to see if they were found consistent with reasonable ranges of industry standards. Ehlers found that the return the developer is able to achieve is below industry standards unless they are provided some type of incentive to accomplish the regional infrastructure improvements they are being asked to incorporate in their project. These improvements concern Route 34, Beecher Road, Cannonball Trail and a regional stormwater maintenance area. The estimate of development project costs are structured to be consistent with three overlapping financing vehicles. Funding will be provided by business district sales tax, Special Service Area Tax and local sales tax. The total budget is estimated at$26.2 million which is $22.5 million of direct cost associated with the project and an additional$3.7 million in spending authority associated with the district that the City may opt to draw down on. These extra funds are outside of existing obligations to the development coming particularly at the end of the term of the district which is twenty-three years. Ms. Lyon entertained comments or questions. Mayor Prochaska noted that Ms. Lyon inadvertently mentioned a TIF district in her presentation and he wanted to clarify that this is not meant to be a TIF district but is a business district. Ms. Lyon apologized for the error. Mayor Prochaska opened the floor for public comment;there was none. Mayor Prochaska opened the floor for comments or questioned from the City Council. Alderman Spears clarified that the term was for twenty-three years and Ms.Lyon explained that the term of the district is twenty-three years but the financing is for twenty. Alderman Burd noted that the document states that the City expects to issue Special Service Area ad valorem tax bonds. She asked if Ms. Lyon could explain this. Ms.Lyons stated that ad valorem tax bonds are bonds which are levied based on the value of the property. Alderman Munns asked if this district would cost the United City of Yorkville any money. Ms. Lyon explained that the funds being generated are based on new revenue streams that are a result of this development. These new revenue streams pay the upfront costs that the developer will encounter. There is no additional cost for the City. Mayor Prochaska clarified that there are no out-of-pocket expense however the City is going to rebate a portion of the local sale tax generated by this site only. Alderman Burd asked if a portion of the remaining sales tax collected could be designated for improving the older areas of the City. She noted that an Illinois Municipal League session it was recommended that 25%of new development funds be used to improve older sections of a municipality. Mayor Prochaska stated that this can be done through the City's budget process. Attorney Wyeth asked Peter Raphael with William Blair&Co.to give an overview of all the funding mechanisms. Mr. Raphael explained that in order to get the returns up to market rate and in order to pay for the improvements William Blair is issuing three series of bonds. The reason behind this is due to state and federal tax law. The twenty year bonds will be issued and the tree types will be; a bond Page 3 of 3 supported by sales tax(50%of the local share), a bond supported by business district tax(1/2 of 1%that the developer is applying to sales within the district)and a Special Service Area bond(a tax only on the development property). The bond proceeds will be used by the developer to make the public improvements. There will be two different Development Agreements; one for two bond issues and one for the third bond issue. The developer will be required to complete the public improvements and the agreement will outline their obligation to do the improvements and control how the developer gets the money. Approximately$17 million will be for public improvements such as those to Cannonball Trail and Route 34. In addition to this,the City will be receiving% of 1%of the district's sales tax or approximately$1 million/year. The cost of the shopping center is estimated to be$130 million which could be assessed at$35 million Equalized Assessed Value or EAV. The City as well as other taxing bodies will realize significant real estate tax revenue from the site. Mr. Raphael noted that there will be another public hearing for the business district in one week and then this matter will be before the City Council at the first Committee of the Whole meeting in November to review the bond documents. If the Council is comfortable with everything,the matter will be before them for a vote on November 14,2006 for the passage of two of the three bond issues. The third bond issue will be before the Council in either December or January. Mayor Prochaska stated that the public hearing coming up will be for the Development Agreement. He recommended that the City Council review the appropriate documents and he noted that anyone in the public could also review them. Alderman Burd requested that the developer consider giving work to local tradesmen. Alderman Leslie asked to clarify that the additional %of I%retail tax is being paid by consumers. Mr. Raphael stated it is an additional tax that consumers will pay at this site only. He stated that this percentage of tax is almost unrecognizable. He noted that this center will be drawing shoppers from an area much larger than Yorkville. Alderman Leslie asked if this tax returned back to the city after twenty-three years. Mr.Raphael explained that when the bonds are retired the business district can be retired. He stated there is the ability to keep this tax"alive" longer if other business district improvements are needed. He stated that normally the tax just falls of when the bonds are retired. Alderman Bock clarified that the tax only applied to the business district and not the single- family homes or townhomes and Mr. Raphael stated that this was correct. There were no further comments or questions. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Burd-aye, Spears-aye,Bock-aye,Besco-aye, Leslie-aye,Wolfer-aye,James-aye,Munns-aye The public hearing portion of the Committee of the Whole meeting ended at 7:30 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois AM10 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING UNPAID DISCRETIONARY LEAVE FOR A CERTAIN EMPLOYEE WHEREAS,the City Council of the United City of Yorkville has considered approving unpaid discretionary leave for Lorne Bahr, NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting to approve unpaid discretionary leave for Lome Bahr. 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560