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City Council Packet 2007 03-27-07 c'T o United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 �� �� ' � Fax: 630-553-7575 LE AGENDA AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,March 27,2007 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 Gary Gohnski 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, April 18, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, April 18, 2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, April 3, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, April 3, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda March 27, 2007 Page 2 Public Hearings: 1. DTD Investments, LLC,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District. The real property consists of approximately 4.2214 acres, located at 6684 Route 47,Kendall Township,Yorkville, Illinois. Citizen Comments: Consent Agenda: 1. PC 2005-32 Resolution Approving the Preliminary Plan for Yorkwood Estates -authorize Mayor and City Clerk to execute, subject to all staff comments including, but not limited to the March 12, 2007 memo from Travis Miller including all attachments thereto and legal review 2. EDC 2007-09 Engineering Enterprises, Inc. Agreement for ComEd Trail Design- approve in an amount not to exceed$36,030.00for Part I, Part II is contingent upon obtaining funding of$43,650.00 and authorize Mayor and City Clerk to execute 3. EDC 2007-13 Bristol Bay Recapture Agreement - approve contingent upon YBSD agreement and authorize Mayor and City Clerk to execute 4. EDC 2007-14 Downtown TIF—Tuscan Plaza Inducement Resolution- authorize Mayor and City Clerk to execute 5. PW 2007-46 Raintree Village Unit 5—Letter of Credit Expiration -authorize City Clerk to call letter of credit unless it is renewed by May 9, 2007 6. PW 2007-47 Raintree Village Unit 6—Letter of Credit Expiration -authorize City Clerk to call letter of credit unless it is renewed by May 9, 2007 7. PW 2007-48 McVickers Development(Rt. 47 Improvements)—Bond Reduction#1 -authorize reduction in an amount not to exceed$72,640.08, subject to verification that developer has no outstanding debt owed to city 8. PW 2007-49 Grande Reserve Unit 12—Outfall Storm Sewer Letter of Credit Reduction#1 -authorize reduction in an amount not to exceed$228,019.95, subject to verification that developer has no outstanding debt owed to city 9. PW 2007-50 Grande Reserve Unit 12—Site Development Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed $156,343.20, subject to verification that developer has no outstanding debt owed to city 10. PW 2007-51 Grande Reserve Units 13 & 19a—Site Development Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$186,173.74, subject to verification that developer has no outstanding debt owed to city 11. PW 2007-52 Grande Reserve Units 14, 18, 19b &25—Site Development Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$545,717.31, subject to verification that developer has no outstanding debt owed to city 12. PW 2007-53 Grande Reserve Units 15 &22—Site Development Letter of Credit Reduction#1 — authorize reduction in an amount not to exceed$406,832.62, subject to verification that developer has no outstanding debt owed to city City Council Meeting Agenda March 27, 2007 Page 3 Consent Agenda (con't): 13. PW 2007-54 Grande Reserve Units 20 &21 —Site Development Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$103,850.68, subject to verification that developer has no outstanding debt owed to city 14. PW 2007-55 Grande Reserve Units 23, 26 &27— Site Development Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$277,791.10, subject to verification that developer has no outstanding debt owed to city 15. PW 2007-56 In-Town Road Program(Phase 2 Roadways)—Bid Results - award to Aurora Blacktop, Inc. in an amount not to exceed$1,232,735.79, subject to staff and legal review 16. PW 2007-57 Well Nos. 3 &4 Treatment Facility—Change Order#4 -authorize increase in an amount not to exceed$3,338.00 and authorize Mayor to execute 17. PW 2007-58 IDOT Highway Permit and Resolution—Yorkville Market Square- authorize Mayor and City Clerk to execute 18. PW 2007-59 FY 2007-2008 General Maintenance MFT Appropriation Resolution-authorize Mayor and City Clerk to execute 19. PW 2007-60 Game Farm Road/Somonauk Street a. Smith Engineering Consultants - Plat of Highways Proposal - authorize Mayor and City Clerk to execute b. MFT Appropriation Resolution- approve in an amount not to exceed$67,800.00 and authorize City Clerk to execute 20. PW 2007-36 Grant of Temporary Construction Easement Agreement- 135 E. Van Emmon Street- authorize Mayor and City Clerk to execute 21. PW 2007-64 Bristol Bay Units 1-7—Letter of Credit Reductions - approve as presented, subject to staff comments as contained in Joe Rywrot's memo dated 3/16/07 22. COW 2007-02 Ordinance Providing for Issuance of Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) -authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—December 26, 2006 and January 9, 2007 Minutes of Committee of the Whole—February 20, 2007 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,653,403.54 (vendors) $ 218,404.64 (payroll period ending 3/3/07) $ 1,871,808.18 (total) City Council Meeting Agenda March 27, 2007 Page 4 Reports: Mayor's Report: 1. Proclamation for 50th Anniversary Celebration 2. Certificates of Recognition for Public Works Employees Executive Session: 1. For the appointment, employment, compensation, discipline,performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Mayor's Report(con'D: 3. ADM 2007-21 Salary Survey a. Resolution Approving a Revised Salary Schedule b. Resolution Regarding Adjustments to Salaries based upon New Salary Ranges 4. ADM 2007-23 COLA/Merit Raises for FY 07/08 5. ADM 2007-29 Ordinance Approving the Revision of the 2006-2007 Fiscal Budget City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Report: Economic Development Committee Report: 1. ZBA 2006-99 Ordinance Approving Variance for Signage for the Pearl Vision Business Located at 620 Veterans Parkway City Council Meeting Agenda March 27, 2007 Page 5 Committee Reports (con't): Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES OUBLIC WORKS; - - Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman 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 ------------------------------- PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman 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, March 27, 2007 PRESENTATION: 1. None PUBLIC HEARINGS: 1. DTD Investments, LLC—Annexation and Zoning CITIZEN COMMENTS: CONSENT AGENDA: 1. PC 2005-32 Resolution Approving the Preliminary Plan for Yorkwood Estates 2. EDC 2007-09 EEI Agreement for ComEd Trail Design 3. EDC 2007-13 Bristol Bay Recapture Agreement 4. EDC 2007-14 Downtown TIF—Tuscan Plaza Inducement Resolution 5. PW 2007-46 Raintree Village Unit 5 —Letter of Credit Expiration 6. PW 2007-47 Raintree Village Unit 6—Letter of Credit Expiration 7. PW 2007-48 McVickers Development(Rt. 47 Improvements)—Bond Reduction#1 8. PW 2007-49 Grande Reserve Unit 12—Outfall Storm Sewer Letter of Credit Reduction#1 9. PW 2007-50 Grande Reserve Unit 12— Site Development Letter of Credit Reduction#1 10. PW 2007-51 Grande Reserve Units 13 & 19a— Site Development Letter of Credit Reduction#1 11. PW 2007-52 Grande Reserve Units 14, 18, 19b &25—Site Development Letter of Credit Reduction#1 12. PW 2007-53 Grande Reserve Units 15 &22—Site Development Letter of Credit Reduction#1 13. PW 2007-54 Grande Reserve Units 20 &21 —Site Development Letter of Credit Reduction#1 14. PW 2007-55 Grande Reserve Units 23, 26 &27—Site Development Letter of Credit Reduction#1 15. PW 2007-56 In-Town Road Program (Phase 2 Roadways)—Bid Results 16. PW 2007-57 Well Nos. 3 &4 Treatment Facility—Change Order#4 17. PW 2007-58 IDOT Highway Permit and Resolution—Yorkville Market Square 18. PW 2007-59 FY 2007-2008 General Maintenance MFT Appropriation Resolution 19. PW 2007-60 Game Farm Road/Somonauk Street a. Smith Engineering—Plat of Highways Proposal b. MFT Appropriation Resolution 20. PW 2007-36 Grant of Temporary Construction Easement Agreement 21. PW 2007-64 Bristol Bay Units 1-7—Letter of Credit Reductions 22. COW 2007-02 Ordinance Providing for Issuance of SSA Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) Minutes for Approval(Corrections and Additions): Minutes of City Council: December 26, 2006 and January 9,2007 Minutes of Committee of the Whole: February 20, 2007 Bill Payments for approval from the current Bill List(Corrections/Additions) Checks total these amounts: $ 1,653,403.54 (vendors) $ 218,404.64(payroll period ending(3/3/07) $ 1,871,808.18 (total) REPORTS: Mayor's Report: 1. Proclamation for 50th Anniversary Celebration 2. Certificates of Recognition for Public Works Employees EXECUTIVE SESSION: Mayor's Report(con't): 3. ADM 2007-21 Salary Survey a. Resolution Approving a Revised Salary Schedule b. Resolution Regarding Adjustments to Salaries based upon New Salary Ranges 4. ADM 2007-23 COLA/Merit Raises for FY 07/08 5. ADM 2007-29 Ordinance Approving the Revision of the 2006-2007 Fiscal Budget COMMITTEE REPORTS: Public Works Committee: 1. No Report. Economic Development Committee: 1. ZBA 2006-99 Ordinance Approving Variance for Signage for the Pearl Vision Business Located at 620 Veterans Parkway Public Safety Committee: 1. No Report. Administration Committee: 1. No Report Additional Business R Reviewed By: Agenda Item Number Legal ❑ .` (� 1 Finance ❑ 12V60c, AEA �(N 1 EST. _ �c Engineer ❑ �g City Administrator ElTracking Number Consultant ❑ tE `�,�.� Human Resources ❑ PC 2007-03 City Council Agenda Item Summary Memo Title: Fountain View—Annexation and Zoning City Council/COW Agenda Date: March 27,2007 Synopsis: Public Hearing for Annexation Agreement and Re-Zoning to B-3 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The petitioner has also submitted an Economic Development Agreement for consideration for this property. Staff is currently reviewing. The Annexation Agreement along with the Economic Incentive Agreement will be on the April 17,2007 EDC agenda for discussion. STATE OF ILLINOIS ) February 27, 2007 Revised March 1, 2007 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE DTD INVSETMENTS,L.L.C. PROPERTY (FOUNTAINVIEW) THIS AGREEMENT is made and entered into this day of , 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), JERALD L. HANSON, (hereinafter referred to as OWNER), and DTD INVESTMENTS, L.L.C. of the County of Will, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, OWNER is the owner of real property which is the subject matter of said Agreement comprising approximately 4.214 acres,more or less, and is more particularly described in the attached Exhibit"A", which is incorporated herein by reference; and WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, OWNER/DEVELOPER desire to annex the said real property described into the City, its Plan Commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the City; and WHEREAS, OWNER/DEVELOPER have presented, and the City has considered, the 1 tract, of real property herein described in the attached Exhibit "A" as B-3 Service Business District in order to make said real property a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, OWNER/DEVELOPER and their representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: —2— 1. A. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit"A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit"A" subject to the further terms of this Agreement as B-3 Service Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the B-3 Service Business District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5111-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the subject property described in the attached Exhibit"A" shall be annexed to the United City of Yorkville by separate Ordinance, in compliance with Illinois Compiled Statutes and shall be zoned B-3 Service Business District Zoning. (ii) That the subject property shall be developed in substantial conformance with the attached Site Plan,which is incorporated herein and made a part hereof by reference as Exhibit`B", as prepared and dated , 2007. (iii) (a) OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property.. No permanent trees covering utilities shall be planted on the right-of- way adjacent to the subject real property. (b) OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 47 behind the proposed Right-of-Way expansion line of the Illinois Department of Transportation. -3- (iv) That OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit`B"attached hereto and incorporated herein by reference. (v) OWNER/DEVELOPER agree that OWNER/DEVELOPER shall be permitted to conduct the uses on the subject property that are excerpted from the United City of Yorkville Zoning Classification for O-Office District, B-1 Limited Business District,B-3 Service Business District, and any similar permitted uses within those Districts that the CITY may create in the future; although OWNER/DEVLOPER agree they shall not be permitted to conduct on site any permitted uses which have been omitted from the current United City of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this Agreement by the United City of Yorkville. The list of permitted:uses is as set out in Exhibit"C" attached hereto and incorporated herein by reference. (vi) OWNER/DEVELOPER shall establish a building setback line for principal structures; from the roadway being constructed on an Easement granted by the County of Kendall Highway Department. OWNER/DEVELOPER may install parking, signage, and landscaping in said setback. (vii) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. B. The OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted -4- and approved by the City Council of the United City of Yorkville, as well as OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process. 2. CITY'S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition Fees or Land-Cash Fees. B. OWNEWDEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System at the time of improving the subject property and upon CITY approval of this Annexation Agreement, and shall be responsible for main extensions to the subject property if said mains do not touch the subject property. C. Upon annexation,the Owner will receive police protection, 911 service, Water, Sanitary Sewer, and all services as provided by City to its property owners and residents. D. The City will require the Owner to annex to Yorkville Bristol Sanitary District at the time of applying for a building permit seeking to hook up to the Sanitary District and the City Sanitary Sewer System. E. OWNER/DEVELOPER is required to install a Collector Road adjacent to Route 47 and a stop light that has previously been installed for access to the subject property. OWNER/DEVELOPER shall be permitted to seek a Recapture Agreement for a division of the benefit of said stop light cost contributed by OWNER/DEVELOPER and the Collector Street cost contributed from any adjoining or contiguous property owner that ultimately connects to said Collector Street. In connection therewith,upon the actual cost being determined the United City —5— of Yorkville shall act as follows: 1) Recapture Agreement or Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of Developer and the adjacent properties to the North, East, or South for the cost of said improvements; and 2) Permit an Economic Incentive Agreement to be requested by Developer as to any portion of the off-site, signalization on-site or collector costs, stormwater detention costs, Route 47 tapper or right-of-way improvements,not so recovered under paragraph(A) above pursuant to such an Agreement out of% of any Sales Tax Receipts from users on the subject site inconformity with the United City of Yorkville Commercial Incentive Policy. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons, trusts,partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable —6— effort, including the calling of special meetings, to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. No Covenant or Agreement shall become binding on OWNER until DEVELOPER hereunder has closed the purchase of the subject property by DEVELOPER from OWNER. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road —7— Yorkville, IL 60560 To OWNER: Jerald Hanson With a copy to: To DEVELOPER: Dean Tomich DTD Investments, LLC 815 N. Larkin Ave., Ste. 202 Joliet, IL 60435 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —8— IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2007. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: City Clerk OWNER: By: Attest: —9— DEVELOPER: DTD INVESTMENTS, LLC By: Attest: —10— Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —11— CA STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAN OF SUBDIVISION FOR YORKWOOD ESTATES WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plan of Subdivision for the Yorkwood Estates Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plan of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plan of Subdivision for the Yorkwood Estates Subdivision is approved and all appropriate City officials are hereby authorized to execute same subject to all staff comments including,but not limited to the March 12, 2007 memo from Travis Miller including all attachments thereto and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES GARY GOLINSKI 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 c� Resolution No. A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE YORKVILLE DOWNTOWN TAX INCREMENT REDEVELOPMENT PROJECT AREA WHEREAS,the United City of Yorkville, Kendall County, Illinois (the"City"), is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, et seq.); and, WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities"), as authorized by the Municipal Code, undertook an eligibility study and report with respect to a redevelopment project and plan for a certain area and based on said report approved a redevelopment project and plan pursuant to Ordinance No. 2006-46 for said specific area designated by Ordinance No. 2006-47 as the Yorkville Downtown Redevelopment Project Area (the "Project Area") and adopted tax increment financing for the payment and financing of redevelopment project costs incurred within the Project Area by Ordinance No. 2006-48, adopted by the Corporate Authorities on June 13, 2006, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., (the"TIF Act"); and, WHEREAS, the City has been informed by Gary and Donna Cervelli (the "Developer"), that they own certain property within the Project Area, commonly known as 201, 202 and 205 Bridge Street (the "Subject Property"), which is legally described in Exhibit A attached hereto; and, WHEREAS, the Developer has informed the City that it would like to redevelop the Subject Property by demolishing an existing building and constructing a three (3) story building for residential and commercial uses, which will include seven (7) retail/office spaces and twenty (20) condominium units; and, WHEREAS, the Developer has also informed the City that the ability to construct the Development requires financial assistance from the City for certain costs for improvements that would be incurred in connection with the Development which costs would constitute "Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, the Developer would like to incur certain costs in connection with the Development prior to the approval of any ordinance authorizing the execution of a redevelopment agreement pertaining to the Subject Property with the City, wherein reimbursement for such costs may be considered between the parties subject to certain conditions; and, WHEREAS, the Developer desires such costs related to the Development of the Subject Property be able to qualify for consideration as redevelopment project costs that can be reimbursed utilizing tax increment financing, provided that such costs constitute"Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, this Resolution is intended to allow the Developer to incur certain costs relating to the redevelopment of the Subject Property that may be considered "Redevelopment Project Costs" as such term is defined in the TIF Act, prior to approval of any ordinance authorizing the execution of a redevelopment agreement pertaining to the Subject Property with the City, subject to the condition set forth in Section 3 of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are incorporated herein and made a part hereof. Section 2. That the City Council may consider expenditures that are "Redevelopment Project Costs" as such term is defined in the TIF Act, in connection with the development of the Subject Property incurred prior to the approval and execution of a redevelopment agreement with the Developer, or a successor or assignee of the Developer, to be expenditures that are eligible for reimbursement through the TIF Act in accordance with the redevelopment project and plan for the Project Area, provided that such costs constitute"redevelopment project costs" as defined by the TIF Act; and, that the development of the Subject Property shall be consistent with the redevelopment project and plan for the overall Project Area. Section 3. That all undertakings of the City set forth in this Resolution are specifically contingent upon the City approving and executing a redevelopment agreement with the Developer, or a successor or assignee of the Developer which provides for the development of the Subject Property in accordance with the terms and conditions to be negotiated by the parties. Section 4. That any financial assistance rendered to the Developer by the City shall be contingent upon the authority,restrictions, terms and conditions imposed by the TIF Act. Section S. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED by the Mayor and City Council of the United City of Yorkville, Illinois, this day of ,2007. APPROVED: Mayor Attest: City Clerk Exhibit A Legal Description of Subject Property Parcel One (201-203 Bridge): Lots 1 and 9 in Block 1 of Black's Addition to the Village of Yorkville, In the United City of the Village of Yorkville, Kendall County, Illinois. Parcel Two (205 Bridge): The north lh of Lots 2 and 10 in Block 1 of the Black's Addition to the Village of Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois. '.��vo ctT` TIF ASSISTANCE APPLICATION E �Ce APPLICANT/PRIMARY PROJECT CONTACT Name: Gary and Donna Cervelli Daytime Phone: (630 553-7160 Address: 111 Van Emmon Street Yorkville Illinois 60560 Street Address City State Zip Code OWNER OF PROPERTY Name: Same Daytime Phone: ( - Address: Street Address City State Zip Code SITE INFORMATION Project Name: Tuscan Plaza PIN: 05-38-283-003 and 05-38-283-004 Address/Location: 201 —203 and 205 Bridge Street, Yorkville, IL 60560 Street Address or nearest cross street Acreage: 0.30 Zoning District: B-2 Lot#: N/A Applicant is: ❑ Individual ❑ Trust ❑ Corporation ❑ Partnership ❑ Sole Proprietorship 1. Does any appointed or elected official of the City own a portion of the project or the real estate underlying the project? NO 2. Is the applicant a relative of an elected or appointed official of the City? NO 3. Description of project: The Tuscan Plaza project will include the teardown of the existing building In its place, a new building will be built. Tuscan Plaza will be a three story building with seven retail spaces at street level. The second and third floors will contain ten condominiums each, for a total of twenty condominiums. The all brick building will have underground, secured, parking for tenants. Z>'� C�T y TIF ASSISTANCE APPLICATION � o EST.;,ti seas O ��hLLE 4. Address and legal description of real estate underlying project: Parcel One (201-203 Bridge): Lots 1 and 9 in Block 1 of Black's Addition to the Village of Yorkville, In the United City of the Village of Yorkville,Kendall County, Illinois. Parcel Two (205 Bridge): The north 1/2 of Lots 2 and 10 in Block 1 of the Black's Addition to the Village of Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois. 5. Will the project require any zoning changes? NO 6. Total cost of project: $6,428,609.00 7. Current assessed value of real estate: 05-38-283-003 (201-203 Bridge) $54,030 (2006) 05-38-283-004 (205 Bridge) $14,850 (2006) 8. Current annual real estate taxes: 05-38-283-003 (201-203 Bridge) $3,428.82 (2005 pay 2006) 05-38-283-004(205 Bridge) $ 929.46 (2005 pay 2006) 9. Explain how Project shall be financed: Bank financing 10. Amount and purpose of TIF assistance request: Amount TBA—for Demolition, Architecture, Engineering and Marketing Costs 0 cry TIF ASSISTANCE APPLICATION lease provide a short narrative of the following items as they apply to the proposed project: a. The current lack of proposed business/industry within the community: Tuscan Plaza will provide retail/office space for seven businesses. These businesses will draw people to the downtown area, which in turn could result in more businesses moving to the downtown area. b. Sales taxes to be generated: To date we do not know what businesses will be leasing the space. There have been several inquiries regarding the leasing of the retail space. Some of the businesses that are interested in the Tuscan Plaza are: a wine and cheese shop, an ice cream parlor,dog grooming, gift shop,health care, real estate,insurance, hair salon and computer repair. Any business offeringroduct would generate sales tax for the City. c. Jobs to be generated: The jobs to be generated would defend on the businesses that lease the spaces. Retail businesses could provide job positions for sales,bookkeeping, inventory clerks and management._ d. Potential for the location of a new development to induce further/additional development: Since the Tuscan Plaza project is the first of its kind in the downtown revitalization program, we strongly believe that once this project is complete, other projects will follow. There is a lot of potential for downtown Yorkville. e. Suitability to overall growth plan: 110% f. Factors to be overcome for development of the location/parcel (i.e. environmental clean up, availability of utilities,traffic signals,flooding, etc.): The factors to overcome have been addressed through the design and zoning changes. Applicant's Signature Date MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE NDALL COUNTY,ILL12 Q19. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON DRAFT TUESDAY,DECEMBER 26,2006. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the P edge o Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward II Burd Absent 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,Police Lieutenant Hart,Community Development Director Miller and Public Relations Manager Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that Item#10—King Street Raw and Finished Watermains Change Order be removed from the Consent Agenda and placed under the Public Works Committee Report for further discussion. COMAU=E MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,January 16,2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,January 16,2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,January 2,2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,January 2,2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS 47 Corneils,LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2006-62,47 Corneils,LLC,petitioner,who has filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County,A-1 Agricultural District to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 5 acres located at 2113 Route 47,Yorkville,Kendall County, Illinois. So moved by Alderman Bock;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Spears-aye,Munns-aye,James-aye,Wolfer-aye,Besco-aye The Minutes of the Regular Meeting of the City Council—December 26,2006—Page 2 Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Munns-aye,James-aye,Wolfer-aye,Besco-aye Bock-aye CITIZEN COMMENTS Tom Gilmore,Kendall County resident,commented that since the Newark Library Board did not receive notice of the annexation agreement for the Northstar annexation that the annexation has reverted back to"square one". He commented that now the City Council has a second chance to reconsider the annexation agreement and show that they really don't want a landfill by voting against it. If this is done,the landfill won't be in the City and the property will be under the jurisdiction of Kendall County where the public feels it belongs. He felt that if this is approved again it will be the biggest blunder in the history of the city. He noted that some members of the City Council have felt that they have been uninformed and threatened by a law suit without cause. He felt that this was an opportunity to turn the situation around and make the process right. Michele Moses, 1844 Columbine Drive,addressed the City Council and made herself available for comments or questions about the Sunflower Estates Special Service Area. George Gilson,498 Sunflower Court,addressed the City Council. He asked them to look at the "re-do"on the Annexation Agreement(due to improper noticing)and do the right thing. In regards to the"gag rule",he asked the City Council to review two cases which state that the landfill process is not tainted by contacts on the subject. He read from the cases and stated that while he is not an attorney,he has reviewed them and feels that the Council can speak off the record to people about the landfill as long as they do not reveal the information that is included in the siting application. He stated that the gag rule is an opinion,the City Council should re- examine it and begin to speak with their constituents.He stated he would provide the Council with the case numbers.. Joanne Gilbert,Kendall County resident,asked that since the zoning was invalid,wouldn't there need to be a new application for the landfill. Mayor Prochaska stated that this issue is currently being researched and the attorney will have more information at the January 2,2007 Committee of the Whole meeting. He reminded everyone that part of the property has been properly annexed. Todd Milliron,Kendall County resident,asked if the audit had been completed for the City. Mayor Prochaska reminded Mr.Milliron that this portion of the meeting is for comments and stated that the audit has not been completed. Mr.Milliron asked how many hours have been spent on the audit.Mayor Prochaska reminded Mr.Milliron again that this portion of the meeting is for comments and not for putting the staff on notice. Alderman Wolfer suggested Mr.Milliron call the City offices and ask the appropriate staff his question so that they can provide an answer. Mr.Milliron asked if the audit was ongoing,was not resolved and if the books are not corrected. Mayor Prochaska noted that audit is one thing however Mr.Milliron is putting several things together. Mr.Milliron commented that the City does not know how many hours have been spent or how much expense this has been to the City for someone not doing their job. He stated that the payroll books have been off since 2003 and no one seems concerned with this. Mayor Prochaska suggested that Mr.Milliron talk with the Finance Director and he would find out that what he is saying is incorrect. Mayor Prochaska asked Mr.Milliron to make his comment but stop assuming things. Mr.Milliron stated that he was trying to figure out where the City is at with the audit. Aldermen James and Wolfer thanked Mr.Milliron for his comments and Alderman Wolfer again suggested he speak with staff. Mr.Milliron asked where the City Treasurer is in this matter. Treasurer Powell noted that this is a recognized problem that has been under discussion for a number of weeks. He stated that Mr.Milliron's persistence in the matter isn't going to speed the process up. He stated that he did not understand the purpose of Mr.Milliron's comments. Treasurer Powell stated that no money was stolen,payroll was met and all the bills have been paid. He asked Mr.Milliron to give the staff a chance to complete their work. Mr.Milliron asked if the City was going to ask for an extension and if so what excuse will be given. Mayor Prochaska stated that the City will ask for an extension and the reason for an extension will be that the audit is not done. He tried to explain to Mr.Million the reconciliation process which was not completed. The Minutes of the Regular Meetin¢of the City Council—December 26.2006—Dave 3 Mr.Milliron stated that in the past,one employee did the entirejob including Human Resources, payroll and balancing the books for thirteen years with little or no errors. He went on to say that then Tracy Pleckham was hired and these problems occurred under her watch. Mayor Prochaska noted that the problem actually started before Mrs.Pleckham was hired and has been worked on since then. Alderman Spears asked if all funds were accounted for. Mayor Prochaska stated that they were and that the books are reconciled into what is considered the norm. He stated that Director Mika explained to him that when a budget is this high,it never gets to zero but rather to a point where it is a reasonable amount. He went on to explain that the auditors have suggested that the City Council vote to"true up"the books which no Council has never done before. Without this being done,the amount can grow over the years. Alderman Spears asked what is considered a reasonable amount and Administrator Crois stated that it is a percentage of the total budget. He stated that the reconciliation has been completed and the information has been sent to the auditors who will be in on December 29,2006. He stated that the amount that is still un- reconciled is well within the acceptable range in accounting practices. Alderman Spears asked that the Council receive this information by the next meeting and that it be reviewed by the Administration Committee. Administrator Crois stated that the Council will receive the audit with the auditors present to explain it. Once everything is resolved,Director Mika will report to the Council. The audit target date in the end of January. Alderman Wolfer asked Mr.Milliron if he was stating publicly,without having spoken to Mrs. Pleckham or Director Mika,that this problem is Mrs.Pleckham fault.Mr.Milliron's replied that he did not state it was Mrs.Pleckham's fault but that it happened on her watch. He reiterated that one person took care of the books for thirteen years;did payroll,paid the bills,and also was a human resource person. Alderman Wolfer asked if W.Milliron understood that the City has grown to a point were both Mrs.Pleckham and Director Mika have asked for another full-time position due to the amount of time needed to do the books. Mr.Milliron stated that he understood this. Mr.Milliron clarified that the audit will not be done until late January 2007 and that the state will be given the explanation that the audit is not complete but there is no reason why it is not completed. He stated that when someone does not do a job there is a reason. Alderman Besco reminded Mr.Milliron that he was at a City Council meeting and that he was speaking to the elected mayor and it is inappropriate to address him by his first name. He asked Mr.Milliron to refer to the mayor as"your honor"or"Mr.Mayor". Mr.Milliron stated he could do this. Mr.Milliron noted that$3.5 million was about 20%of the annual City budget and this is the amount the books"were out of whack"when this was caught after the new Finance Director, Susan Mika,was hired. He stated he was waiting for an excuse or reason for this. Mayor Prochaska noted that after Mrs.Pleckham left the City's employ there was a several month period without a Finance Director. Mr.Milliron noted that the City had a consultant during this period and asked if this was the period in which the Library Levy was handled.Mayor Prochaska once again explained to Mr.Milliron the Library Levy process. Mr.Milliron stated that the County Clerk has been blamed for the levy when it could have been someone at the City who"dropped the ball". Alderman Bock stated that he had listened to this information from Mr.Milliron four or five times and unless there were comments from anyone else in the audience he made a motion that the City Council cease Citizen's Comments;seconded by Alderman Wolfer. Alderman Bock stated that he has a good memory and has this information lock away and does not need to hear it again. Mr. Milliron asked Alderman Bock if he was going to use the information and Alderman Bock stated he would. Mr.Milliron asked him to put it to good use and sat down. Mayor Prochaska noted that there was a motion on the floor with a second. Alderman Bock stated that his motion was to end unless there were other citizen comments. Alderman Wolfer rescinded his second. Wally Werderich,486 Sunflower Court,commented that he was contacted by a representative of the press asking for a comment on the lack of notification to the Newark Library District in regards to the annexation process. He responded that the City Council has a chance to look at this again and perhaps change their minds. He was concerned because the reported said to him that at this point it may appear that the Northstar Trust Company may hold the City Council's"feet to the fine if they change their minds';there may be a lawsuit over the fact that there was an The Minutes of the Regular Meeting of the City Council—December 26,2006—Dage 4 agreement formed and now the City Council is doing something opposite to the first agreement. He commented that he felt that the City Council did everything they were supposed to do in regards to the process of the annexation. He noted that an agreement is between two parties and Northstar Trust Co,is the party who made the mistake. He reminded the City Council that if a lawsuit is threatened,the City Council is sitting in the"cat-bird seat". Chuck Roberts,305 E.Main,stated that he was present at the last meeting and there were issues brought up that surprised a few aldermen. He stated that if there have been items hidden in the agreement or misunderstood,what is the guarantee that the agreement will be adhered to in the future. He expressed his lack of confidence in either party in regards to a landfill. He asked if this is the party that the City wants to do business with. Joanne Gilbert readdressed the City Council and asked who residents should call about problems with the composting operation. Attorney Wyeth stated that the residents should still contact the City's Building Department. George Gilson readdressed the Council and commented that the Friends of Greater Yorkville (FOGY)have contacted the Attorney General's Office,Lisa Madigan. He stated that she is watching the process closely. He stated that without proper notice there is no annexation agreement and with out the agreement,the whole process has to begin over again. He reiterated what Mr.Werderich stated,the City Council has fulfilled their end of the contract;Northstar did not give proper notice.He asked the Council not to be intimidated by them. CONSENT AGENDA 1. Building Permit Reports for November 2006(EDC 2006-33) 2. Resolution 2006-116-Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 25- authorize Mayor and City Clerk to execute(PC 2006-82) 3. Resolution 2006-117- Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 26- authorize Mayor and City Clerk to execute (PC 2006-83) 4. Resolution 2006-118-Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 27-authorize Mayor and City Clerk to execute(PC 2006-87) 5. Resolution 2006-119-Approving the Final Plat of Subdivision for Hudson Lakes Unit 1— authorize Mayor and City Clerk to execute,subject to inclusion of the school site within the Final Plat,conveyance of the school site immediately after recording the Final Plat, that the number of units in the final plat shall be consistent with the number of units allowed by the Annexation Agreement,and staff and legal review conditioned on adjustments consistent with the review(PC 2006-81) 6. Steve Horve Builders,Inc.Request for Reduced Sewer Connection Fee for SLF Yorkville - approve a sewer connection fee in an amount of$46,750.00(EDC 2006-34) 7. Blackberry Woods Annexation-.076 Correction(PC 2006-94) a.Ordinance 2006-150-Annexing-authorize Mayor and City Clerk to execute 8. Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement- authorize Mayor and City Clerk to execute(EDC 2006-36) 9. State Street Finished Watermain—Change Order#2-authorize decrease in an amount not to exceed$3304.00 and authorize Mayor to execute(PW 2006-209) 10. Grande Reserve Units 2&5—Letter of Credit Reduction#1-authorize decrease in an amount not to exceed$6764.76, subject to verification that developer has no outstanding debt owed to city(PW 2006-212) 11. Grande Reserve Unit 12—Letter of Credit Reduction#I-authorize decrease in an amount not to exceed$263,65 7.9 7,subject to verification that developer has no outstanding debt owed to city(PW 2006-213) 12. Grande Reserve Unit 13—Letter of Credit Reduction 41-authorize decrease in an amount not to exceed$503,528.79,subject to verification that developer has no outstanding debt owed to city(PW 2006-214) 13. Grande Reserve Unit 14—Letter of Credit Reduction 41-authorize decrease in an amount not to exceed$341,862.03,subject to verification that developer has no outstanding debt owed to city(PW 2006-215) 14. Grande Reserve Unit 15—Letter of Credit Reduction#1-authorize decrease in an amount not to exceed$770,65643,subject to verification that developer has no outstanding debt owed to city(PW 2006-216) 15. Grande Reserve Unit 20—Letter of Credit Reduction#1-authorize decrease in an amount not to exceed$914,770.31,subject to verification that developer has no outstanding debt owed to city(PW 2006-217) 16.McVickers Development—Letter of Credit Reduction#1-authorize decrease in an amount not to exceed$184,046.30,subject to verification that developer has no outstanding debt owed to city(PW 2006-218) The Minutes of the Regular Meeting of the City Council—December 26,2006—Daze 5 The Minutes of the Reeular Meetine of the City Council—December 26,2006—ya¢e 5 17. Cannonball Estates Unit 1—Letter of Credit Reduction#6-authorize decrease in an amount not to exceed$47,215.28,subject to verification that developer has no outstanding debt owed to city(PW 2006-219) 18. Cannonball Estates Unit 2—Letter of Credit Reduction#6-authorize decrease in an amount not to exceed$34,026.28,subject to verification that developer has no outstanding debt owed to city(PW 2006-220) 19.New Castle Bank(109 W.Veterans Parkway)—Final Acceptance and Letter of Credit Reduction#2-accept public infrastructure for ownership and maintenance and authorize a reduction to the letter of credit in an amount not to exceed$74,662.66,subject to verification that developer has no outstanding debt owed to city(PW 2006-221) 20. Reserve at the Fox—Plat of Easement-authorize Mayor and City Clerk to execute,subject to staff and legal review(PW 2006-222) 21. Reserve at the Fox—Final Acceptance and Bond Reduction#2-accept public infrastructure for ownership and maintenance,subject to recording of a plat of easement for onsite public utilities and authorize a reduction to the bond in an amount not to exceed $487,045.99,subject to verification that developer has no outstanding debt owed to city (PW 2006-223) 22. Grande Reserve Well Nos.8&9 Sites—Final Acceptance-accept Well No.8 site and Well No.9 site for ownership and maintenance,subject to staff and legal review(PW 2006-224) 23.Grande Reserve Park"E"Site—Final Acceptance-accept Park"E"site for ownership and maintenance excluding the storm sewer,subject to legal and staff review(PW 2006- 225) 24.Resolution 2006-120-IDOT Highway Permit and Resolution—Kendallwood Estates (Temporary Entrance)- authorize Mayor and City Clerk to execute(PW 2006-226) 25. Game Farm Road/Somonauk Street Reconstruction(PW 2006-228) a. Resolution 2006-121-MFT Appropriation Resolution-authorize City Clerk to execute b. Smith Engineering Consultants,Inc.Game Farm Road/Somonauk Street Reconstruction Supplemental Request-authorize increase in an amount not to exceed$9210.00 and authorize Mayor to execute 26. Letter of Support—Federal Funding for Groundwater Mapping-issue letter inform presented and authorize Mayor to execute(PW 2006-229) 27.Resolution 2006-122-Establishing the Position of Director of Support Services— authorize Mayor and City Clerk to execute(PS 2006-44) 28. Prairie Parkway Resolution-authorize Mayor and City Clerk to execute(CC 2006-06) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of September 26,2006 and the Special City Council meeting of November 13,2006;seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 14,2006 totaling the following amounts:checks in the amount of $980,999.52(vendors);$209,380.88(payroll period ending 12/9/06);for a total of$1,190,380.40 (total);seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye REPORTS MAYOR'S REPORT National Radon Action Month Mayor Prochaska reported that Yorkville is in an area were radon gas in an issue and the The Minutes of the Regular Meeting of the City Council—December 26,2006—page 6 City's building code requires that newly constructed homes pass a radon test. He noted that there are older homes in the community that may have this potential problem. He explained that those concerned should contact the Building Department for further information. Due to his laryngitis, Mayor Prochaska asked Clerk Milschewski to read the proclamation for National Radon Action month(see attached). Mayor Prochaska asked the City Council to vote to ratify the proclamation. So moved by Alderman Munns;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Treasurer Powell commented that he had his home tested and after finding that the radon was quite high,he took preventative methods to remedy it. He noted that there is a website that shows the areas affected by radon and much of northern Illinois is affected by this. 50`h Anniversary Committee Mayor Prochaska reported that next year is the 50'h anniversary of the uniting of the Village of Bristol and the Village of Yorkville. The Human Resource Commission has discussed many ideas to celebrate this event. They are asking that anyone interested in volunteering for the committee should attend the first meeting being held on January 8,2007 at 7:00 p.m.. He directed anyone with questions to contact Public Relations Manager Spies at City Hall. 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 Carbon Dioxide Detectors Administrator Crois reminded everyone that as of January 1,2007 state law requires all homes to have carbon dioxide detectors. Anyone with questions should contact the Building Department for more information. Vision Session Administrator Crois stated that the Vision Session is tentatively planned for January 20,2007. He asked the members of the Council to check the date and contact him advising him if they are available. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY DEVELOPMENT DIl2ECTOR'S REPORT No report. COMMUNITY&LIAISON REPORT Senior Services Associates Alderman Spears reported that she attended the Senior Services Associates meeting where year end statistics were given. Alderman Spears shared some of the statistics with the council and asked anyone interested to make a donation to the group to help keep their services active. The Minutes of the Regular Meetine of the City Council—December 26.2006—page 7 Alderman Spears also reported on the new Senior Companion Program which arranges for volunteers to visit with seniors. Telephone Number Theft Alderman Wolfer reported that recently a scam which involved the theft of stealing telephone numbers was uncovered. He thanked Officer Delaney for his quick response to the situation. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Intergovernmental Agreement—Blackberry Creek Modeling Project (PW 2006-227) A motion was made by Alderman Besco to approve an Intergovernmental Agreement for a portion of the Blackberry Creek Modeling Project,as presented,subject to staff and legal review; seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-0 Abstain-1 Munns-aye,Spears-abstain,Bock-aye,Besco-aye,Wolfer-aye,James-aye King Street Raw&Finished Watermains—Change Order#1 (PW 2006-210) A motion was made by Alderman Besco to accept Change Order#1 for the King Street Raw& Finished Watermains and authorize decrease in an amount not to exceed$3,712.00 and authorize Mayor to execute;seconded by Alderman James. Alderman Spears asked if this pertained to the Peterson and she questioned the decrease from the original amount of$6,000.00. Alderman James noted that this is a different issue from the one Alderman Spears referred to and that the Peterson issue will be discussed at a Committee of the Whole meeting in January. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-151 Otis Property Authorizing Execution of Annexation Agreement (2006-76) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Otis Property Management,LLC,for approximately 2.0031 acres along Route 71,commonly referred to as the Milazzo property,as presented,and authorize the Mayor and City Clerk to execute all documents,subject to staff comments and upon final legal and staff review;seconded by Alderman Besco. Attorney Dan Kramer,spoke on behalf of the petitioner. He noted that they responded to the minor changes recommended by City Engineer Wywrot. One item that Mr.Wywrot asked for was that the new parking standards with the 20'foot setback from state right-of-ways(ROW)in the front of the property be adopted. He stated that the agreement specifically asks to have parking up to 10'from Route 71 and no parking in front at all.The developer is trying to be proactive because it is unknown as to what IDOT will do to Route 71 in the future. The developer is asking that the agreement remain as is in regards to this item. Director Miller drew the City Council's attention to a memo from City Engineer Wywrot dated December 26,2006 regarding the revised agreement. He noted that Mr.Wywrot had a concern with the parking setback and recommended that the agreement be revised to state that the site will comply with Ordinance 1998-32 which requires a 20'parking setback. Director Miller stated that staff feels that a variance to this should not be allowed. Alderman Spears commented that she did not feel what the developer is asking is unreasonable and she was in favor of the variance. Mayor Prochaska clarified that the developer did not feel the 20'was currently a problem however if in the future Route 71 is widened,this could affect the setback and a parking lot. Attorney Kramer agreed this was one issue but also noted that the setback could cause problems if the final design for the building is larger than anticipated. Mayor Prochaska suggested indicating that the setback will be 20'from the current ROW however if this changes,the setback will be measured from the new ROW. The Minutes of the Regular Meeting of the City Council—December 26,2006—nage 8 Alderman James suggested that due to all the unknowns,the 20'setback should be maintained. If things change in the future,address the issue then. After a brief discussion it was decided that the agreement would state that the 20'setback shall always be measured from the present ROW as of December 26,2006. A motion was made by Alderman Bock to amend the agreement;seconded by Alderman James. Motion to amend approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Prochaska-aye Motion to approve the agreement approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Prochaska-aye Ordinance 2006-152 Otis Property- Annexing (2006-76) A motion was made by Alderman Munns to approve an ordinance annexing approximately 2.0031 acres along Route 71,commonly referred to as the Milazzo property,as presented,in furtherance of an Annexation Agreement with Otis Property Management and authorize the Mayor and City Clerk to execute all documents,upon final legal review;seconded by Alderman James. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye Ordinance 2006-153 Otis Property- Rezoning (2006-76) A motion was made by Alderman Munns to approve an ordinance rezoning certain property owned by Otis Property Management LLC,commonly referred to as the Milazzo property,as presented,in furtherance of an Annexation Agreement with Otis Property Management,LLC and authorize the Mayor and City Clerk to execute all documents,upon final legal review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Spears-aye Ordinance 2006-154 Yorkville Partners,LLC- Rezoning (2006-65) A motion was made by Alderman Munns to approve an ordinance rezoning certain property located generally at the southeast corner of Beaver Street and Route 47 and owned by Yorkville Partners,LLC,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye Ordinance 2006-155 Proposing the Establishment of a Special Service Area Number 2006-119—Sunflower Estates (EDC 2006-35) A motion was made by Alderman Munns to approve an ordinance proposing the establishment of Special Service Area Number 2006-119 as presented,subject to legal review;seconded by Alderman Spears. Alderman Besco reported that he received a telephone call from a homeowner in the subdivision who stated that there are unresolved liens against the City and other property owners regarding this. Attorney Wyeth stated that this information does not pertain to this vote because this is a proposing ordinance that begins the process of the SSA. Motion approved by a roll call vote. Ayes-6 Nays-0 Wolfer-aye,James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Reeular Meetine of the City Council—December 26,2006—page 8 ADDITIONAL BUSINESS Sycamore and Route 47 Signal Alderman Munns asked for an update on the traffic signal at Sycamore and Route 34. Mayor Prochaska explained that when the mid-year budget review is preformed staff will try to find funds to begin the project. South Main Street Traffic Mayor Prochaska stated that a resident approached him with a concern that truck traffic has increased on So.Main Street due to the traffic on Route 47. The resident asked if signs could be posted indicating no truck traffic. Mayor Prochaska asked Administrator Crois to relay this information to Director Dhuse. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Wolfer,seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M. VITOSH, C . S . R. , on December 26, 2006, at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-813306 REPO • COURT reporting service 1212 South Naper Boulevard - Suite 119-185 - Naperville, IL 60540 • 630-983-0030 - Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F. PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MR. JASON LESLIE, Alderman; 5 MR . DEAN WOLFER, Alderman ; 6 MR . MARTY MUNNS, Alderman; 7 MR. JAMES BOCK, Alderman; 8 MR. JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS, Alderman; 10 MR. JOHN CROIS, City Administrator; 11 MR . WILLIAM POWELL, City Treasurer; 12 MR . TRAVIS MILLER, Community Development 13 Director; 14 MS . JACQUELYN MILSCHEWSKI , City Clerk. 15 16 A P P E A R A N C E S : 17 BY : MR. JOHN JUSTIN WYETH, appeared on behalf of the United 18 City of Yorkville, Illinois . 19 20 - - - - - 21 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 (Pledge of Allegiance ) 2 MAYOR PROCHASKA: We do have a 3 public hearing . At this time I ' d entertain a 4 motion to go into public hearing for the purpose 5 of discussing PC-62 , 47 Corneils , LLC, 6 petitioner, has filed an application with the 7 United City of Yorkville, Kendall County, 8 Illinois , requesting annexation to the United 9 City of Yorkville and rezoning from Kendall 10 County, A-1 Agricultural District to United City 11 of Yorkville, B-3 Service Business District and 12 for hearing as to the annexation agreement of 13 petition . 14 The real property consists of 15 approximately five acres located at 2113 16 Route 47 , Yorkville, Kendall County, Illinois . 17 MR . JAMES : So moved. 18 MR . BESCO: Second . 19 MAYOR PROCHASKA: Moved and 20 seconded. May I have roll call, please? 21 MS . MILSCHEWSKI : Bock . 22 MR . BOCK: Aye . 23 MS . MILSCHEWSKI : Spears . 24 MS . SPEARS : Aye . Depo Court Reporting Service (630) 983-0030 4 1 MS . MILSCHEWSKI : Munns . 2 MR. MUNNS : Aye . 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR. WOLFER: Aye . 7 MS . MILSCHEWSKI : Besco . 8 MR . BESCO : Aye . 9 MAYOR PROCHASKA: Motion is carried . 10 We are in public hearing . Is there someone 11 representing the petitioner? 12 MR. CORTINA: Good evening, Mayor, 13 ladies and gentlemen . My name is Frank Cortina . 14 I represent the petitioners in this matter . 15 This is relatively a straight 16 forward annexation . We are contiguous to the 17 property . It ' s an L-shaped parcel of land at the 18 southwest parcel of land at the southwestern 19 corner of Corneils . 20 We have requested it be B-3, we 21 we believe complies with your current 22 Comprehensive Plan for that area of 47 . 23 It has been some time before we 24 appeared at a Committee of the Whole, but nothing Depo Court Reporting Service (630) 983-0030 5 1 has changed since that period of time . 2 The annexation agreement is 3 generally a straight forward annexation agreement 4 annexing the property into the United City of 5 Yorkville requiring us to comply with all current 6 zoning restrictions and/or ordinances and 7 building codes with the City of Yorkville . 8 We currently are not going to 9 be the developer on the property we are just 10 seeking to have it annexed in and get the 11 appropriate zoning . 12 The party that will ultimately 13 develop the property will present building plans 14 and proposals to you . We are certainly available 15 for any questions you or the public would have . 16 MAYOR PROCHASKA: Is there anyone in 17 the audience that would have any questions or 18 comments on this public hearing? 19 (No response) 20 MAYOR PROCHASKA: Hearing none, is 21 there any comments or questions from the City 22 Council ? 23 Just so I 'm clear, this is 24 right at the corner there, and the L shape, does Depo Court Reporting Service (630) 983-0030 6 1 that go around the farmhouse that ' s there? 2 MR . CORTINA: Yes . The longest 3 'length is along 47 and the L goes at the south 4 end of the property directly west . 5 MAYOR PROCHASKA: Okay . Thank you . 6 MR. KRAMER: So it encompasses the 7 entire corner is the long part of the L . 8 MAYOR PROCHASKA: Thank you . If 9 there are no further comments or questions , I 10 would entertain a motion to close this public 11 hearing . 12 MR. BESCO : So moved . 13 MS . SPEARS : Second . 14 MAYOR PROCHASKA: Moved and 15 seconded . May I have roll call, please? 16 MS . MILSCHEWSKI : Spears . 17 MS . SPEARS : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : James . 21 MR. JAMES : Aye . 22 MS . MILSCHEWSKI : Wolfer . 23 MR. WOLFER: Aye . 24 MS . MILSCHEWSKI : Besco . Depo Court Reporting Service(630) 983-0030 7 1 MR. BESCO : Aye . 2 MS . MILSCHEWSKI : Bock . 3 MR. BOCK: Aye . 4 MAYOR PROCHASKA: Motion is carried . 5 (Witness sworn) 6 ---000--- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 8 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing meeting; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said meeting . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand his _ f __ � day of 16 07 . 17 18 19 20 --------------------------- CHRISTINE M. VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 9 ---oOo--- 7:6 4:7, 4:8, 6:12, 6:24, currently 5:8 5:20, 6:11 084-002883 8:24 7:1 hereunto 8:16 2007. 8:18 BOCK 2:7, 3:21, hour 1:9 2113 3:15 3:22, 7:2, 7:3 < D > 4 3:16 building 5:7, 5:13 D-813306 1:24 47 3:5, 4:22, 6:3 Business 3:11, 8:8 day 8:17 < I > 7:00 1:9, 1:9 DEAN 2:5 Illinois 1:2, 1:10, 800 1:9 develop 5:13 2:19, 3:8, 3:16, 8:1, < C > developer 5:9 8:9 C.S.R. 1:8, 8:23 Development 2:12 <A> call 3:20, 6:15 directly 6:4 A-1 3:10 carried 4:9, 7:4 Director 2:13 < J > above-entitled 1:7 certainly 5:14 discussing 3:5 JACQUELYN 2:14 acres 3:15 Certified 8:7 District 3:10, 3:11 JAMES 2:3, 2:7, Administrator 2:10 changed 5:1 doing 8:8 3:17, 4:3, 4:4, 6:20, aforesaid 8:14 CHRISTINE 1:8, 8:6, duly 8:6 6:21 agreement 3:12, 5:2, 8:23 JASON 2:4 5:3 City 1:1, 1:2, 1:10, JOHN 2:10, 2:17 Agricultural 3:10 2:10, 2:11, 2:14, < E > JOSEPH 2:8 Alderman 2:3, 2:4, 2:19, 3:7, 3:9, 3:10, encompasses 6:6 JUSTIN 2:17 2:5, 2:6, 2:7, 2:8, 2:9 5:4, 5:7, 5:21 end 6:4 Allegiance 3:1 clear 5:23 entertain 3:3, 6:10 and/or 5:6 Clerk 2:14 entire 6:7 < K> ANN 2:9 close 6:10 evening 4:12 Kendall 3:7, 3:9, annexation 3:8, codes 5:7 3:16 3:12, 4:16, 5:2, 5:3 comments 5:18, KRAMER 6:6 annexed 5:10 5:21, 6:9 < F > annexing 5:4 Committee 4:24 F. 2:2 appeared 2:18, 4:24 Community 2:12 Farm 1:9 < L > application 3:6 complies 4:21 farmhouse 6:1 L-shaped 4:17 appropriate 5:11 comply 5:5 filed 3:6 L. 6:7 approximately 3:15 Comprehensive first 8:6 ladies 4:13 area 4:22 4:22 five 3:15 land 4:17, 4:18 around 6:1 consists 3:14 foregoing 8:11, 8:12 LASALLE 8:3 ARTHUR 2:2 contains 8:14 forward 4:16, 5:3 length 6:3 audience 5:17 contiguous 4:16 Frank 4:13 LESLIE 2:4 available 5:14 Corneils 3:5, 4:19 License 8:24 Aye 3:22, 3:24, 4:2, corner 4:19, 5:24, LLC 3:5 4:4, 4:6, 4:8, 6:17, 6:7 < G > located 3:15 6:19, 6:21, 6:23, 7:1, correct 8:13 Game 1:9 long 6:7 7:3 CORTINA 4:12, 4:13, generally 5:3 longest 6:2 6:2 gentlemen 4:13 Council 1:1, 5:22 < B > COUNTY 3:7, 3:10, < M > B-3 3:11, 4:20 3:16, 8:3 < H > M. 1:8, 8:6, 8:23 behalf 2:18 CROIS 2:10 hand 8:17 MARTY 2:6 believe 4:21 CSR 8:24 Hearing 3:3, 3:4, matter 1:7, 4:14 BESCO 2:8, 3:18, current 4:21, 5:5 3:12, 4:10, 5:18, MAYOR 2:2, 3:2, Depo Court Reporting Service(630) 983-0030 10 3:19, 4:9, 4:12, 5:16, petitioners 4:14 Second 3:18, 6:13 5:20, 6:5, 6:8, 6:14, Plan 4:22 seconded 3:20, 6:15 7:4 plans 5:13 seeking 5:10 <Y> MEETING 1:1, 1:6, please 3:20, 6:15 Service 3:11 Yorkville 1:2, 1:10, 8:11, 8:15 Pledge 3:1 set 8:16 2:19, 3:7, 3:9, 3:11, MILLER 2:12 POWELL 2:11 shape 5:24 3:16, 5:5, 5:7 MILSCHEWSKI present 5:13 Shorthand 8:8, 8:10, 2:14, 3:21, 3:23, 4:1, PROCEEDINGS 1:6, 8:13 4:3, 4:5, 4:7, 6:16, 8:11, 8:15 someone 4:10 < Z> 6:18, 6:20, 6:22, PROCHASKA 2:2, south 6:3 zoning 5:6, 5:11 6:24, 7:2 3:2, 3:19, 4:9, 5:16, southwest 4:18 Motion 3:4, 4:9, 5:20, 6:5, 6:8, 6:14, southwestern 4:18 6:10, 7:4 7:4 SPEARS 2:9, 3:23, < Dates > Moved 3:17, 3:19, property 3:14, 4:17, 3:24, 6:13, 6:16, 6:17 december 26, 2006 6:12, 6:14 5:4, 5:9, 5:13, 6:4 ss 8:2 1:8, 1:8, 1:9 MS 2:9, 2:14, 3:21, proposals 5:14 State 8:1, 8:8 3:23, 3:24, 4:1, 4:3, public 3:3, 3:4, 4:10, straight 4:15, 5:3 4:5, 4:7, 6:13, 6:16, 5:15, 5:18, 6:10 sworn 7:5, 8:7 6:17, 6:18, 6:20, purpose 3:4 6:22, 6:24, 7:2 MUNNS 2:6, 4:1, 4:2, < T > 6:18, 6:19 < Q > transcript 8:13 questions 5:15, TRAVIS 2:12 5:17, 5:21, 6:9 Treasurer 2:11 < N > true 8:12 name 4:13 No. 8:24 < R > none 5:20 real 3:14 < U > notes 8:13 relatively 4:15 ultimately 5:12 nothing 4:24 REPORT 1:6 United 1:2, 2:18, 3:7, reported 8:10 3:8, 3:10, 5:4 Reporter 8:8 < O > represent 4:14 oath 8:7 representing 4:11 < V> Okay 6:5 requested 4:20 VITOSH 1:8, 8:6, ordinances 5:6 requesting 3:8 8:23 requiring 5:5 response 5:19 < P > restrictions 5:6 < W> P.M. 1:9 rezoning 3:9 west 6:4 parcel 4:17, 4:18 Road 1:10 WHEREOF 8:16 part 6:7 roll 3:20, 6:15 Whole 4:24 party 5:12 ROSE 2:9 will 5:12, 5:13 PAUL 2:3 Route 3:16 WILLIAM 2:11 PC-62 3:5 WITNESS 7:5, 8:16 period 5:1 WOLFER 2:5, 4:5, petition 3:13 < S > 4:6, 6:22, 6:23 petitioner 3:6, 4:11 says 8:7 WYETH 2:17 Depo Court Reporting Service (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OFT UN E CITY OF YORKVILLE KENDALL COUNTY.EL IN HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY,JANUARY 9.2007. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge o Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward H Burd Present Wolfer Present Ward III Bock Absent Munns Present Ward IV Besco Present Spears Absent Also present: City Clerk Milschewski,City Treasurer Powell.City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Police Lieutenant Hart,Director of Public Works Dhuse,Director of Park&Recreation Mogle,and Finance Director Mika. UORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMINITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,January 16,2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,January 16,2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,February 6,2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,February 6,2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Wally Werderich,486 Sunflower Court,addressed the City Council.He noted that several individuals have given their opinion on recent annexations. He felt that there are points as to why the Council should vote one way or the other on an annexation. He stated that the attorneys that have come before the Council with their opinion and he felt that these opinions have been on one side"of the coin'. He encouraged the Council to ask the attorneys,especially those hired by the City,to give both sides of the opinion because attorneys need to advise their clients of both sides so that they have the information before making a decision. He suggested that if the Council was not hearing both sides from their hired attorneys,he was an attorney and would love to talk with them. He stated that he could give them an opposing legal opinion to the annexation. He asked The Minutes of the Reeular Meetine of the City Council—January 9.2007—naee 2 them not to be scared of a lawsuit or a threat but rather feel empowered because they have a choice. Todd Milliron.61 Cotswold Drive addressed the Council and informed them that he was recently at a Plainfield City Council meeting where they approved a traffic impact study due to the proposed Fox-Moraine LLC landfill in Yorkville. The study will be presented at the landfill public hearings. Mr.Milliron also noted that the citizen's petitions for the landfill were in court last week. He further noted that Attorney Wyeth gets paid$150.00/hour and he asked how many hours he was in court last week trying to"thwart the will of the people". Attorney Wyeth stated he was not answering questions and asked W.Milliron to make his comment Mr.Milliron asked how much Attorney Bersani made per hour. When he did not receive an answer,he stated he would file an FOIA request He stated that no one in the room wants their tax dollars spent to ignore the will of the people. He stated he was going to keep a running total of the expenses for this law suit including the cost for Ms.Sibenaller's attorney. He distributed a timeline to the aldermen which denoted the"comings and goings"of employees in the City. He noted that Treasurer Powell was elected in 2003 and he quoted the City's website information on Treasurer Powell. He asked Treasurer Powell where the funds were balanced over the last four years and he asked why the taxpayers have to pay for an extra audit. Treasurer Powell noted that he has addressed this several times already in response to Mr.Milliron and he asked him if he had anything new to discuss. Alderman Wolfer asked Mr.Milliron if he had sat down with any of the City employees to discuss facts. He cautioned Mr.Milliron to be careful in what he said and to stick to facts. He noted that in the last four years the City's bond rating increased from a"B"to an"A". He stated that he was unwilling to let Mr.Milliron"beat up"the staff if he was not willing to come in to City Hall to get answers. W.Milliron asked what reason was given to the State's Comptroller Office for the delay in missing the audit deadline. Alderman Wolfer again pointed out that Mr.Milliron has been asked to come into City Hall to discuss this with the staff during business hours in order to get this information. Mayor Prochaska and Aldermen Wolfer and James reminded Mr.Milliron that this is the time for comments and asked him to stick to stating comments and not ask question. Alderman James asked Mr.Milliron to sit down unless he had something new to comment on. Mr.Milliron commented that the audit was uncalled for and that no one seems concerned about why taxpayer's money was being spent to reconcile accounts. He also noted that he distributed a copy of the Finance Director's job description and that there were some things that were not done according to the description such as the library tax levy and the reconciliation of accounts. He asked Treasurer Powell where he was when this happened. He also noted that the person hired did not have the prerequisite five years of municipal finance experience. He asked why this person was hired in the first place;was it because of"whom you know,not what you know". He stated that the Council was not managing the City's money responsibly and he intended to"find some responsible,honest people who will and who will listen to us." Jim LaPorta,524 Poplar Drive,suggested that the City hire a consultant who specializes in environmental health to give information regarding the landfill. He felt someone with this expertise could give the Council an idea of the harmful effects of an active landfill. A few members of the Council thanked him for the suggestion. Tom Gilmore addressed the City Council. He offered to accompany any interested aldermen in a drive to Pontiac,Illinois to see an operating landfill. He stated this trip would show the traffic and community impact. CONSENT AGENDA 1. Monthly Treasurer's Report for November 2006(ADM 2007-02) 2. Resolution 2007-01-Approving Postponing Consideration of Proposing Ordinances for Silver Fox SSA 2006-114,Evergreen Farm SSA 2006-115,Aspen Ridge SSA 2006-116, Chally Farm SSA 2006-117,Yorkwood Estates SSA 2006-118-authorize the Mayor and City Clerk to execute(ADM 2006-82,ADM 2006-83,ADM 2006-84,ADM 2006-85, ADM 2006-86) The Minutes of the Regular Meeting of the City Council—January 9.2007—aage 3 3. Resolution 2007-02-Authorization to Close Checking Account and Transfer Funds (Hydraulic/ComEd Sewer Project)-authorize the Mayor mid City Clerk to execute(ADM 2007-04) 4. Resolution 2007-03-Authorization to Close Checking Account and Transfer Funds (2004 C Road Improvement Project)-authorize the Mayor and City Clerk to execute (ADM 2007-05) 5. Resolution 2007-04- Authorization to Close Checking Account and Transfer Funds (Bruell Street Sewer Project)-authorize the Mayor and City Clerk to execute(ADM 2007- 06) 6. AT&T ISDN Prime Non-standard Service Agreement—approve and ratify(ADM2007- 03) 7. Ordinance 2007-01—Amending City Code Title 1—Administration,Chapter 6B—City Treasurer Regarding Revising the Position of Deputy Treasurer-authorize the Mayor and City Clerk to execute(ADM 2006-100) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Leslie;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Munns-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of October 10,2006,the Special City Council meetings of October 17,2006 and November 30, 2006 and the Committee of the Whole meeting of October 17,2006;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 December 26,2006 totaling the following amounts:checks in the amount of $220,010.34(vendors);$211,108.71(payroll period ending 12/23/06);for a total of$431,119.05 (total);seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,James-aye,Wolfer-aye,Leslie-aye,Besco-aye,Burd-aye REPORTS MAYOR'S REPORT No report. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADNUNISTATOR'S REPORT Administrator Crois reported that the Vision Session,postponed from December 2006,was rescheduled to January 20,2007 at 8:00 a.m. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Re¢ular Meeting of the City Council—January 9,2007—naze 4 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse and Mayor Prochaska reported that they attended a luncheon earlier in the day given by the American Public Works Association where the City was recognized for its waterworks system improvements. This included the expansion of the system as well as the elimination of the radium from the City's water. The City was recognized in the environmental area. Mayor Prochaska thanked the staff and Engineering Enterprises Inc.(EEI)for getting this project done. He noted that this was a$20 million project which was completed without raising water rates. Alderman James commented that when he attended the Illinois Municipal League Conference he spoke with individuals from other communities who had to raise water rates in order to make the improvements for radium compliance. Alderman Wolfer noted that several communities were considered for this award and Yorkville was considered the best project especially since it was done without raising rates. Director Dhuse explained that EEI submitted the City for the award and the City could still be considered for regional and national recognition. 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 Assistant City Administrator Olson reported on the following for Mrs.Spies: o There will be meetings with residents for the City's Vision Planning. The meetings will be at night and anyone interested should contact Mrs.Spies. o The City's monthly cable access TV program,"Inside Yorkville"will be on Wednesday's at 8:30 p.m.and again on Friday at 12:30 p.m.on Channel 17. The first show will address carbon monoxide detectors. o The Volunteer Appreciation Day will be held May 12,2007 from 12:00 to 2:30 p.m.at the Riverfront Park. The City is seeking nominations for outstanding volunteers to be honored at the event.Forms for nominees are available on the City's website or by contacting Mrs.Spies. o The City will be celebrating its fiftieth anniversary of the uniting of Yorkville with Bristol to become the United City of Yorkville. An ad hoc celebration committee is being formed and the first meeting was held on January 8,2007 and the next is scheduled for January 22nd. Volunteers are welcomed to attend. Mayor Prochaska reported on the ad hoc committee. He stated that there will be an event every month,from April to possibly October 2007,to celebrate the incorporation. He stated that there will be a commemorative event on April 9,2007 and all former elected officials and city employees will be invited to attend. He outlined the events proposed for each month of the celebration. He invited anyone interested in helping with events to attend the meeting or contact Mrs.Spies. COMMUNITY&LIAISON REPORT Alderman Burd encouraged the City Council to attend the Aurora Area Convention and Visitor Bureau luncheon being held on January 19,2007 at the Paramount Theatre in Aurora. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report ECONOMIC DEVELOPMENT COMMITTEE REPORT No report PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2007-05 Approving Unpaid Discretionary Leave for a Certain Employee A motion was made by Alderman James to approve a resolution approving unpaid discretionary leave for a certain employee,as presented;seconded by Alderman Leslie. The Minutes of the Reeular Meetine of the City Council—January 9,2007—paQe 5 Alderman Burd asked for clarification as to what the leave does for the employee. Attorney Wyeth explained that the leave establishes the person as an employee for a period of time without pay. Administrator Crois further explained that the leave allows the individual to remain in the group insurance program however after thirty days,the individual has to pay the premiums. Alderman Burd asked if the job is held for the employee and Attorney Wyeth stated that they are considered an at will employee. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Burd-aye,Besco-aye,Leslie-aye,Wolfer-aye ADDMONAL BUSINESS Garbage Cans Alderman James stated that he received a call from a resident regarding garbage cans being blown into the street. The resident stated that Waste Management has heavier garbage cans. Alderman James asked if the City could look into this. Director Dhuse stated that residents may be able to purchase the heavier cans. Election Packets Alderman Burd stated that she understood that it has been recommended that election packets not be given out however someone new to elections may find the process confusing. She stated that after some investigation she discovered that in the past,the City has been using the wrong election petitions. Candidates should be using the independent petitions not the non-partisan ones. She felt that since the elected officials were not sure of the petitions to be used,packets be made up to give individuals wanting to run for office. Mayor Prochaska stated that this information would come out of the City Clerk's office. Clerk Milschewski stated that at the clerk's meeting at the IML Conference,Stewart Diamond from Ancel Glink gave a presentation and advised the clerks not to distribute election information.He explained that there was a liability issue involved if a clerk gave out incorrect information.She further explained that when information was distributed in the past,it was exactly what was presented on the State Board of Elections website so it was still up to the individual to determine which petition to use. There was some discussion regarding the packets and Mayor Prochaska asked Attorney Wyeth if packets could be made and given out with a disclaimer. Attorney Wyeth stated that the liability factor brought up by Clerk Milschewski is beyond dispute. If everyone gets the same information off the State Board of Elections website no one can claim foul. He noted that the first page of the Candidate's Handbook identifies that candidates should seek the advice of qualified counsel if they have any questions. He concurred with Alderman Burd that candidates should be using the independent petitions.He recommended that candidates be directed to the website. City Finances Mayor Prochaska commented that the City's finances are fine,the City is not in any financial jeopardy,no funds are missing and the City's bond rating has increased. The issue facing the city is manpower for bookkeeping. He wanted everyone to be aware that the City's finances are fine. Kendall Marketplace Mayor Prochaska noted that the court date for the Kendall Marketplace lawsuit is March 12, 2007. At this point of time,the effect of this date on th4e development is unknown as there is a timing issue for the developer in regards to delivering pads to some of the users. The developer is working toward a solution. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Wolfer s;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:53 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 13 ORAFt UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, February 20, 2007—6:00 pm In Attendance: Citv Art Prochaska-Mayor Travis Miller—Community Development Director Rose Spears—Alderman John Crois—Interim City Administrator Joe Besco—Alderman David Mogle—Executive Director Parks &Rec. Jim Bock—Alderman Bart Olson—Assistant City Administrator Paul James—Alderman Eric Dhuse—Public Works Director(arr.6:40pm) Valerie Burd—Alderman Susan Mika—Finance Director Jason Leslie—Alderman Bill Powell—Treasurer Marty Munns—Alderman Joe Wywrot—City (arr.7:55pm) Scott Hart—Yorkville Police Department John Wyeth-absent due to illness Guests John Weber, Crowe - Chizek&Co. LLC Carroll Saxe Kerry Bartell - Kovitz Shifrin Nesbit Teresa Saxe Lynn Dubajic-Yorkville EDC Marcia Ludwikowski Peter Pluskwa- Cemcon, Ltd. Gary Golinski Kirk Kruse—Rush Copley Brent Schalhamer Larry Clark—Attorney Alan Green Michael Blazer-Jeep&Blazer, LLC Leroy Wolfer Lumie Emini, Sunflower HOA Karen Wolfer Tony Scott—Kendall County Record Pat Slocum Gregg Ingemunson—Attorney Chuck Horaz Wendy Yaksich—Moser Enterprises Debbie Horaz Alan Kato—Anderson Mikos Tom Gilmour Jason Xi—Cemcon JoAnn Gilbert Nancy Wilson—Rush Copley Alan Green Judy Gilmour Mayor Art Prochaska called the meeting to order at 6:02pm. The Mayor announced that the Community Relations Manager Job Description under"Mayor's Report"would be postponed. PUBLIC HEARINGS: None Page 2 of 13 PRESENTATIONS: 1. Introduction of Hearing Officer Mr. Larry Clark,the Landfill Hearing Officer was introduced. The Mayor said Mr. Clark had extensive experience with landfill hearings and no ties to anyone connected to the landfill. Mr. Clark said he has been involved in 30 hearings of this nature and served as Hearing Officer for 12-15 cases. He said the goal is to complete the process as quickly as possible while providing a fair hearing. He praised the City's website and said it was the best he had seen as it relates to the steps of the process and how citizens can participate. When asked by Alderman Spears about his experience, he said he had been on both sides of these processes and met some of the consultants working on the current hearing. His past experiences involved a fluorescent tube recycler and a landfill expansion, the expansion application having been later withdrawn. 2. ADM 2007-17 FY 2005-2006 Audit Susan Mika introduced John Weber, auditor with Crowe Chizek& Co., Ltd. and turned the discussion of the 05/06 audit over to him. He said the net assets for the City were$71,000,000 at that time. He gave an overview of the audit as well as some specifics for certain items. He noted tremendous growth in assessed valuation from 1998 to 2005 and the tax rate was decreased. Finance Director Mika talked about some procedures being implemented. One new procedure with utility billing should help prevent overpayment to YBSD. Department heads are also being asked to approve invoices with their signature and a signature card book is being developed. She is also compiling an accounting procedure manual. Ledgers are being updated for capital assets and funds will be collateralized. Alderman Burd questioned why the auditing firm had not come to Yorkville until October. Mr. Weber replied that his firm had met with city management for a pre- audit meeting and not all materials needed were ready at that time. They returned after Christmas when those items were ready. She noted that bank reconciliations had not been done for a year even though the invoices showed charges for them. Mr. Weber said the City had asked his firm to review the books and Fund Balances quarterly,however, they were not responsible for the actual reconciliations. They said they provided ideas and certain assistance. Ms. Burd asked Mr. Weber if the City is maintaining an adequate accounting system today. He said it was very important for bank reconciliations to be completed monthly. She also asked him if the Staff could have completed the costly Gasby 34 and he said his firm provided all the options to the City. Gasby 34 is now implemented. Page 3 of 13 Mayor Prochaska noted that the City will now be required to generate more reports. The audit will be done by the City and checked by the auditors. Mr. Weber said that the City will have to demonstrate that internal controls are in place to insure that numbers in the audit are correct. Ms. Spears expressed concern that the auditors did not inform the Council that the bank reconciliations were not done and Mr. Weber replied his firm had not been asked to come to the City and check progress. Ms. Mika said she would draft a memo to the Council informing them of the status of the accounting department. Alderman Bock asked what the term"unqualified"meant and Mr. Weber assured him that term has a positive connotation in terms of the audit. The audit also stated that the"year ended in conformity". Mr. Bock asked for confirmation that the City is functioning and that no money has been lost. Treasurer Powell commented that audit standards have increased and the staff will be more involved in the audit process. He added that the staff will be reconciling the monthly statements as they are received. Mr. Powell also noted that the community is growing and the Council should be aware that more staff might be needed to accomplish the growing workload. Alderman James asked the Finance Director if the six recommendations from the audit can be accomplished with the current staff and the time frame. He wondered if the staff needs to be increased. Mr. Weber said there is much work to be done with all the current growth. Ms. Mika added that she has to spend much of her time on the daily activities In response to Mr. James' question regarding"missing money", Mr. Weber said there was no missing money and it would have been reported in his letter. Mr. Weber also said there were two "material weaknesses" (an accounting term) and they were: 1. Weakness in reconciliations 2. Weakness in manual journals Ms. Burd said that when Council members bring forth issues such as these, the problem needs to be looked at and assistance given to staff members to overcome the weaknesses. Councilmen represent the taxpayers, she said, and Council's job is not necessarily to protect the staff from the taxpayers,but to oversee. She said Councilmen should not be attacked for pointing out problems, that it is part of the process. The Mayor said this was an unqualified, clean audit that meant the finances are in good standing. He added this was a year of transition with some personnel changes. He congratulated Ms. Mika on her work. Page 4of13 The budget will move to the City Council agenda for approval. This presentation concluded at 7:20pm. ECONOMIC DEVELOPMENT COMMITTEE (taken out of sequence) Alderman Burd presided over the beginning of the ECD Committee items. 9. EDC 2007-06 Sunflower Estates—Acceptance of Property 10. EDC 200 7-0 7 Sunflower Estates Establishing Ordinance These 2 items were discussed simultaneously. Ms. Carrie Bartell, Attorney for the Homeowners' Association, discussed these issues. They are working with John Wyeth and Christopher Knight on the preparation of the ordinance that would create the SSA. There is also a companion ordinance that deals with the transfer of the open space and she prepared a deed to record the actual transfer. Alderwoman Spears asked if there was any stipulation that would ban the developer of this subdivision from future projects in the City due to the situations that have occurred with Sunflower. The Mayor cautioned against such action,but said more stringent rules could be implemented. Another possibility is to refuse to annex a given property or include certain limiting verbage in agreements. Alderman Spears said the residents have paid dues and that they should be refunded by the developer as well as a reimbursement of attorney fees. Ms. Bartell said she had provided sample ordinances from other cities that were more stringent. The City of Evanston has a particularly well-written ordinance. Ms. Burd said she thought that some of the residents were not aware of the homeowner's association. Ms. Bartell stated that they paid assessments at the time of closing and now the developer is not providing any type of documentation regarding funds. Once the City accepts the property,the association can dissolve. In order to prepare dissolution documents, all assets must be transferred to the City and bank accounts must be closed or the funds distributed to the homeowners. Alderman Leslie asked how the funds would be distributed. They could be split proportionately among the owners or ideally, used for the maintenance of the grounds. Legal fees will also be paid from these funds. Bart Olson noted that there is a provision that there must be 60 days from the close of the public hearing to the establishment of the SSA. The Mayor also noted that the levy of the taxes might not be possible until the following year and it will be based on the actual amount spent in the year prior. This matter will move to the Council consent agenda if the City Attorney approves. Page 5of13 (next item out of sequence) 7. PC 2006-92&PC 2006-93 Rush-Copley—PUD Agreement, Concept PUD Plan and Preliminary PUD Plan Attorney John Philipchuck was present on behalf of Rush Copley. He said the Public Hearing had been held at a prior meeting regarding the PUD agreement. At that time,there were some issues discussed that needed resolution. A letter had been requested and received from the Fire District regarding their equipment and capabilities. Ms. Spears said the letter did not address their equipment, so she called the Fire District. The fire personnel said the equipment could not reach seven stories and the ladder must be angled to at least reach the sixth floor. It was noted that a suitable piece of equipment was located on the other side of the river and Alderman Besco asked if that equipment could be relocated. Ms. Spears asked Nancy Wilson,Vice President at Copley, if money could be found in the hospital budget to purchase the necessary equipment. Ms.Wilson will research. Mayor Prochaska said having duplicate equipment would be a good idea and he also suggested that part of fees being collected could be used toward a building and equipment and that it could be front funded. He said the fees might already be included in the impact fees. This item moves to City Council regular agenda until Ms. Spears is contacted by the Fire District. (return to agenda order of items) 1. EDC 2007-04 Building Permit Reports for January 2007 Travis Miller reported that 51 were issued in January with 22 being single family pen-nits. This is down from last year,however,Bristol Bay permits were issued at that time. No further action. 2. ZBA 2006-99 Pearle rision Sign Variance Mr. Miller said a motion to approve the signage on the east side of the building, had failed at a Zoning Board of Appeals meeting. The Council now must vote to accept or deny that recommendation and this will move forward to City Council. 3. PC 2006-101 Lot 4 Baker's Subdivision—1.S Mile Review The Plan Commission reviewed this item at its February 14'h meeting and recommended against approval based on staff comments and setback issues. The property falls on land near the planned Countryside Parkway extension to Van Emmon. Attorney Gregg Ingemunson spoke on behalf of the developer saying his client wishes to move forward with the project and said that many of the objections were based on conjecture. He also spoke about the trees that are presently on the property in relation to the setbacks. Some preliminary engineering has been done at City cost. Alderman Besco said that all property owners in this area need to be notified Page 6of13 of a potential future bridge. A meeting should be set up with the owners to look at future alignments and a sign should be posted citing a potential crossing. Mayor Prochaska said a recommendation is needed for the County. He said the Council should recommend proceeding with the subdivision, however, guarantees are needed for easements for City utilities. Property owners must be made aware of the future development and Alderman Burd suggested something in writing for those owners. The Mayor will instruct the City Attorney to include all this language in the motion for recommendation to the County. (Turned over to Alderman Munns at this time) 4. PC 2007-02 Yorkville Market Square—Final Plat The petitioner was not present at this meeting, however, Travis Miller said the Plan Commission, at their February 14th meeting, had recommended moving this matter forward. A bank will be constructed at this site. The petitioner was made aware of an encroachment of one of the setbacks. Stormwater will be drained into the existing basin behind the Jewel store. This moves to the City Council consent agenda with the City Attorney's approval. 1. PC 2006-98 Yorkville Market Place—PUD Amendment and Court Decree Amendment A request was received to amend the PUD agreement that would then go to a court decree. The Plan Commission reviewed this in January and gave their approval. The reason for this request is to make better use of the front of the building. Alderman James asked if the maintenance of the stormwater area was resolved. The condo association and Tucker Development are both contributing to this under a separate maintenance agreement. This matter moves to City Council consent agenda subject to attorney approval. 6. EDC 2007-05 Yorkville Market Place—Economic Incentive Agreement There is an existing economic incentive agreement for the Tucker property. The petitioner is asking for: 1. The agreement to be amended to recover the cost of signalization at Rt. 34 and Marketplace Dr. 2. Tax rebate incentive 3. Connection to Rt. 34 and 47 for timing sequence 4. Rebate for water main relocation They also requested an extension from 18 to 23 years for costs to be recovered. Page 7of13 A representative(Tracy) of Tucker Development then spoke and said all reimbursibles must be verified by contractors' sworn statements. He said there will be a 50150 sharing of the sales tax generated. Alderman Leslie expressed concern about when developments begin to pay for themselves. The Mayor said the signal will benefit future businesses on the north side of Rte. 34. He said there was a list of the dollar amounts attached to the improvements. He asked if fees were being paid by other businesses, to use the detention pond. He said it would not be fair if there was a fee and then the developer was also being reimbursed by the City. However, Mr. John Donahue of the development said that the water main was not originally part of the pond. Alderman Munns asked about the 5%interest. The Tucker representative said it comes from the total owed since his company is fronting the money for the improvements. It was agreed upon by the City and developer. As the balance declines and sales taxes come in, that amount will be recalculated. The Mayor noted that the developer has an obligation for 25%of the cost of the signalization. Ms. Spears agreed with the Mayor's earlier statement about having the breakdown of expenses before a decision is made. It was noted that the total cost of this project is $515,000 with$90,000 of that for the relocation of the water main. The rest is for the traffic signal and interconnection. Mr. Besco said the traffic light could possibly be recapturable from the property to the north of the light also. It was suggested that some of the money should be recapturable to the City and passed along to future developers. The original agreement will be reviewed since the developer is asking the City to adhere to that in regards to this discussion. The Mayor will ask Attorney Wyeth to review the agreement and ask him to provide a memo by the coming Friday. The developer also asked for an extra five years. The developer said there is a chance that this project may not move forward or could be delayed if the Council does not approve the original agreement. This will be moved to the next City Council meeting if the attorney's memo is received by the coming Friday. 8. PC 2006-16 MPI Yorkville South—Annexation Attorney John Philipchuck was present on behalf of MPI South. He referred to a memo from Travis Miller and said there was concern about language stating this development was not currently contiguous and that the development would be delayed for a couple years. The Attorney said he hoped the City would give recognition of this development based on the Chatham case cited in the agreement. That would allow them to proceed as if they were already annexed. Due to the large amount of investor money, Mr. Philipchuck said some form of protection was needed and he hoped the Council would allow that language to remain in the agreement. Page 8of13 Mr. Miller referred the Council to page 4 of his staff report and said the recommendation is to exclude that provision. He did say that he would want the City Attorney's opinion as well,however,he said it is good policy to maintain contiguity. The Mayor was concerned if the City was obligated for anything at that point. He also said that the City has looked at annexing land south on Rt. 47. Mr. Philipchuck said the City has entered into annexation agreements for non-contiguous properties such as the Montalbano property on Ament Rd. He said due to the size of the parcel he represents, the investment, commitment and desire to reach Caton Farm Road, he hoped the City would allow MPI to move forward. Alderman Besco asked if the City would receive taxes if the development was not contiguous and the City was supplying services. He also said the City should receive higher rates for the services supplied to developments not part of the City. Mayor Prochaska asked if City fees and sales tax could be collected. The attorneys were asked to confer on this question. Another issue was noted by Attorney Philipchuck. He said all the properties have been closed on except 22 acres at the south end of the property on Caton Farm Road. That property owner has asked for language in the agreement stating she would not be responsible for any obligations of developing the property. He said the closing date for this property is September, 2008. The Mayor had no concern with that other than insuring the land use is that stated in the PUD. Travis Miller will review this with Mr. Wyeth and add this requested language. The property being donated for the school will be turned over to the school at the time of the final plat. The parcel north of the donated piece will be held for 6-7 years until the school is ready to purchase it. If that parcel is desired sooner, MPI will work them. This moves forward to City Council next week. PUBLIC WORKS COMMITTEE L PW 2007-14 Water Department Report for November 2006 2. PW 20070-I5 Water Department Report for December 2006 These reports noted the water main breaks during the winter. No further action. (next item out of sequence) 30. PW 2007-43 Fox Road Sidewalks Ms. Burd gave a handout to each Councilman. Mayor Prochaska said the residents of this area are asking the Council to revisit the sidewalk option going between the homes. Now that homes are built in this area, it would be an intrusion on the Page 9of13 property owners and they are requesting the City consider running the sidewalk along Fox Street instead. Alderman Burd asked for a re-vote on this issue due to the following. She said there are photos showing the easements and in one case a homeowner was granted a variance request and built their driveway on the easement six years ago. Last year a fence was built there. The residents are now asking the City to vacate this easement. She added that the City has committed to a bike trail to Silver Springs. The Homeowners's Association has met and is opposed to this alternative. She added that a resident of a subdivision was injured while jogging down Fox Rd. If the City has the money, she said the City should build the 8-foot trail. The sidewalk option was eliminated in July of 1988 according to Alderman Besco. To add further detail, the Mayor said a few years ago people did not desire sidewalks along busy roads and were looking for a minimum number of streetlights. But now,he said, the path or sidewalk should stay along the highway and the bike path and sidewalk need to be separate. He said a bike path should run along the river where possible and continue it to the west. It was noted there is a bike path in place in River's Edge and it ends at the Boy Scout Camp. Alderman Munns asked how many people would benefit from a bike path. The Mayor said the ultimate plan is to connect the path with Silver Springs and eventually to downtown Yorkville. A suggestion was made to vacate a pedestrian easement but keep the utility easement. Ms. Burd said in these cases, all Council members should actually observe the area and talk with residents. Signs should be erected in future areas of bike paths or sidewalks before homes are even built, said the Mayor. Ms.Burd said the budget should be reviewed before making a decision. Two votes would be needed: 1. One vote to rescind first plan 2. One vote to vacate just public access, not utility easement,Attorney to be consulted Area residents thanked the Council for their consideration in this matter. 3. PW 2007-16 Walnut Plaza—Letter of Credit Expiration 4. PW 2007-17 Grande Reserve Unit 14—Letter of Credit Expiration S. PW 2007-18 Grande Reserve Unit 15—Letter of Credit Expiration 6. PW 2007-19 Grande Reserve Units 20&21—Letter of Credit Expiration 7. PW 2007-20 Grande Reserve Units 23, 26& 27—Letter of Credit Expiration 8. PW 2007-21 Saravanos Development—Sitework Letter of Credit Expiration 9. PW 2007-22 Raintree Village Unit I—Letter of Credit Expiration 10. PW 2 00 7-23 Raintree Village Unit 2—Letter of Credit Expiration II. PW 2 00 7-24 raintree Village Unit 3—Letter of Credit Expiration 12.PW 2007-25 Raintree Village Unit 4—Letter of Credit Expiration Page 10 of 13 Alderman Leslie asked what the limit is for Mr. Wywrot to have the authority to sign off the letters of credit. That limit is $750. The Attorney had previously suggested a resolution to allow Mr. Wywrot's approval on certain items. These items will all move to the consent agenda. 13. PW 200 7-2 7 Raintree Village (Rt 126 Temporary Entrance) —Letter of Credit Release Mr. Wywrot said this was a temporary entrance and has now been removed. He recommended release of this $1300 letter. 14. PW 2007-28 Raintree Village (Rt 126 Improvements)—Bond Reduction #1 This is a normal reduction request with most of the work being finished and moves to the consent agenda. 15. PW 2007-29 Windett Ridge—Public Improvement Bond Reduction #3 It was noted there is a substantial amount left,however, the reduction was approved and it will move to the consent agenda. 16. PW 2007-30 Autumn Creek Offsite Sanitary Sewer—Final Acceptance Mr. Wywrot recommended final acceptance of the sanitary sewer upon receipt of a bill of sale and 1-year warranty bond. This moves to consent agenda. 17. PW 2007-31 IDOT Highway Permit and Resolution—Raging Waves (Rt. 47 Watermain Crossings) 18. PW 2007-32 LOOT Highway Permit and Resolution—Autumn Creek (Rt. 34 Improvements) These are the applications for watermains and highway improvements that are IDOT-approved. The developer will be asked to provide a bond. Moves to consent agenda. 19 PW 2007-33 LOOT Highway Permit#4 and Resolution—Kendall Marketplace (Rt. 34 Improvements) IDOT approval has not been obtained as of yet,but the petitioner is asking for pre- approval so when the IDOT approval comes, there will no waste of time. This moves forward to consent agenda subject to IDOT approval. 20. PW 2007-34 Raymond Storm Sewer Outfall— Change Order #2 This change order allows for a time extension due to delays in funding. It moves to the consent agenda. 21. PW 20070-35 Countryside Interceptor— Change Order #1 This is a final change order in the amount of$30,274.40. It also moves to the consent agenda. Page 11 of 13 22. PW 2007-36 Temporary Easement—308 W. Van Emmon Street This relates to the in-town road program and grants a temporary easement on private property in order to replace private steps. This is needed due to road widening. Mr. Wywrot recommended approval. The Attorney will be consulted since this item could require a vote. 23. PW 200 7-3 7 In-Town Road Program (Phase 2)—Request for Design Fees Smith Engineering requested additional design fees since the City deviated from the original plans due to steep slopes. The amount is almost$38,000 and there is money available for the engineering. This moves forward to City Council for a vote. 24. PW 2007-38 Traffic Signal Maintenance Agreement—Amendment#1 Mr. Wywrot said signals would be retrofitted with longer lasting,more efficient bulbs. This would exclude any signals designated for future replacement. He recommended approval and said the funds would come from MFT. This moves to consent agenda. 25. PW 2007-39 Rob Roy Creek Interceptor(North Branch Contract 2) — Construction Inspection This project design is complete and needs to be inspected when finished. Joe Wrywrot recommended approval subject to funding. This moves to consent agenda. 26. PW 2007-40 Engineering Department— Vehicle Purchases Two Engineering Department vehicles need to be replaced and the money is in the budget. They will be replaced with two SUV's and the old vehicles will be disposed of by sealed bid. Alderman Spears requested an invoice of amenities. This moves to consent agenda. 27. PW 2007-41 Results of Sealed Bid for New Wheel Loader Eric Dhuse reported that bids were opened last week and there is funding in the budget for this item. An extra warranty will be obtained. The bid is approximately $123,000. 28. ADM 2007-07 Mechanic Job Description This matter was brought back due to questions for Mr. Dhuse. It was noted that the Street Foreman would be the direct supervisor for this position and the Superintendent of the Streets will be in the future. The person hired would be shared in the City. The job duties will be to repair machinery with oil changes etc. being done in the time left. Alderman Besco noted that the mechanic should have their own tools according to industry standards. Attorney Wyeth will be consulted as to whether or not a vote is needed. 29.PW 2007-42 SW Corner Route 47 and Corneils Rd —Plat of Dedication The property owner has petitioned to annex and Mr. Wywrot said he wished to establish a policy requiring properties to dedicate a right-of-way for existing Page 12 of 13 township roads. It could be included in the annexation agreements. This will move to the consent agenda subject to the Attorney's approval. DETAIL BOARD REPORT(Bill List) There was a very brief discussion of a few specific items. Joe Wywrot asked that an invoice for Siebert Engineering be removed from the list since the item was returned. This moves to City Council for approval. PARK BOARD No report MAYOR 1. Discuss Public Works Committee Meetings Mayor Prochaska said the Public Safety and Administration committee meetings are taking a shorter amount of time during the COW meetings while Economic Development tends to be the longest. He asked if the Council would entertain the idea of placing Public Works with Public Safety and Administration. Mr. Munns suggested having Public Safety and EDC together. A suggestion was made by Alderman Besco to return Public Works to the previous committee meeting structure and Alderman Spears concurred for the Public Safety committee. A decision will be delayed until the March 6t'COW. Z Community Relations Manager—Job Description Update Postponed. CITY COUNCIL REQUESTS L Ken Com Intergovernmental Agreement Alderman Spears said she had not received any changes or revisions from any Council members or the Attorney. She noted some changes that had been made to the original agreement. She said some of the City's rights had been taken away and she informed KenCom that the changes would need to be approved by City Council. She stated that was also challenged, but now that authority has been returned. This document was originally drafted in July 1999. The phrase"all members shall serve at the pleasure of the co-chairman"was recommended to be omitted from the document. There was a brief discussion regarding the language pertaining to the appointment of board members. Page 13 of 13 ADDITIONAL BUSINESS Alderman Leslie asked for an assessment of the phone system and research of the costs and technology. Alderman Munns said the lights were not working on a certain day at Rt. 34 and Cannonball where there is construction. Mr. Wywrot said the contractor was spoken with and asked to remedy the situation immediately. Mr. Munns noted that when he downloaded the agenda for this meeting, there were 627 pages in the packet. He also raised the issue of aldermen being eligible for health insurance and IMRF and noted that other towns have these benefits. Ms. Mika noted that her staff has looked into this. This will be researched further. Mayor Prochaska said the City now has the authorization to have an alternate for the YEDC. He designated Alderman Munns as the alternate and he will be eligible to vote in the Mayor's absence. The Mayor has asked the staff to arrange a meeting with the new head of IDOT, along with a couple representatives for a meeting in Springfield. The meeting's purpose would be to reinforce keeping Rt. 47 in the State budget. Since the City has agreements with developers along Rt.47,he is hoping those improvements can be completed. Alderman Burd suggested included Linda Chapa LaVia,the new chairman of the local government committee. There was no further business and the meeting was adjourned at 9:55. Submitted by Marlys Young, Minute Taker STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING A REVISED SALARY SCHEDULE WHEREAS,the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Salary Schedule, and WHEREAS, the City Council has determined that it desires to update the Salary Schedule, and WHEREAS, the text of the revised Salary Schedule the City Council now desires to implement is set forth on the attached Exhibit"A"which is incorporated herein, and the Salary Ranges set forth in Exhibit"A"shall be the Salary Ranges for the United City of Yorkville, and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the revised Salary Schedule is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A"attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES GARY GOLINSKI 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 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION SALARY ADJUSTMENTS IN LIGHT OF NEW SALARY RANGES WHEREAS, the City Council of the United City of Yorkville has enacted new salary ranges by its Resolution passed this same evening,March 27, 2007, and WHEREAS, the City Council has determined that it desires to provide for adjustments to salaries in light of the newly enacted salary ranges, and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, salaries affected by the changes in salary ranges due to the new salary ranges enacted tonight may be adjusted as follows: Department Heads (or the immediate supervisor where applicable) shall have the discretion to increase salaries up to a percentage point within the new salary range ("percentage point"being that point where an employee's salary lies between the lowest and highest salaries established by the range)that is the same percentage point as in the prior salary range. If a Department Head (or immediate supervisor where applicable) determines that a salary should be adjusted to a higher point within the range,then the Department Head shall first obtain the approval of the City Administrator, and in the cases of the Chief of Police, The Director of Parks and Recreation, and the City Administrator, said approval shall be obtained by them from the Mayor. This Resolution shall be effective for pay periods beginning April 29,2007 JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES GARY GOLINSKI 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 Reviewed By: Le al Elrty Council Finance ❑ `�C EST. ,' ,`�'1836 Engineer ❑ G City Administrator ❑ Ag;SAA Item Tracking Number O Consultant ❑ 0200-7" d q City Council Agenda Item Summary Memo Title: 8 Month Revised Budget for FY 06/07 City Council/Committee of the Whole Date: CC 3/27/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: There is only 1 department updated from what was presented at the 3/20/07 Committee of the Whole UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 MUNICIPAL BUILDING Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 32,500 32,500 Rental subsidies Based on approximately 800 permits, less any projected permits with pre-paid 16-000-42-00-4211 DEVELOPMENT FEES-BUILDING 137,423 137,423 permit fees(includes some permits at new municipal bldg fee) 16-000-42-00-4215 BEECHER RENTAL FEE 12,000 12,000 TRANSFER FROM LAND ACQUISITION 13,618 To cover Post Office Remodeling 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 30,865 64,647 Transfer for Post Office remodeling/$16,014 from GF Contingencies TOTAL REVENUES: 212,788 260,188 16-000-62-00-5416 MAINT-GENERAL BLDG &GROUNDS 5,000 3,000 16-000-62-00-5402 RECREATION RENTAL FEE 32,500 12,500 Reduced by$20,000 to cover Post Office Remodel 16-000-75-00-7008 ENTRY WAY SIGNS 4,000 4,000 16-000-75-00-7200 BLDG IMPROV-PARK& REC 10,000 12,000 Reduced Maint of Bldg&Grounds to increase this line item 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 10,000 12,000 new gutters,possible more extensive work needed/Reduced City Hall Bld Mt 16-000-75-00-7204 BLDG MAINT-CITY HALL 12,000 14,000 Reduced to increase Public Works Bldg Improvements 16-000-75-00-7205 BLDG IMPROVEMENTS-LIBRARY 4,000 0 16-000-75-00-7206 LANDSCAPING-PUBLIC BUILDINGS 2,000 2,000 16-000-75-00-7209 BEECHER PARKING LOT 0 0 16-000-75-00-7210 BLDG IMPROV-POST OFFICE 30,865 98,265 16-000-78-00-9009 RESERVE 0 0 TRANSFER TO DEBT SERVICE 102,423 102,423 to fund City Hall Debt Service payment TOTAL EXPENSES: 212,788 260,188 TOTAL FUND REVENUES 212,788 260,188 TOTAL FUND EXPENSES 212,788 260,188 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1