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City Council Packet 2004 09-14-04 it.° C .y ? �w United City of Yorkville r� County Seat of Kendall County EST 1835 800 Game Farm Road ,. r N Yorkville,Illinois 60560 0t4 Fl Co Phone:630-553-4350 AGENDA ��`' '`°`w2 Fax:630-553-7575 CITY COUNCIL MEETING <<E CITY COUNCIL CHAMBERS 7:00 PM Revised: 9/13/04 Tuesday, September 14, 2004 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, September 27, 2004 To be announced Economic Development Committee: 7:00 p.m., Monday, September 20, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, October 7, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, October 14, 2004 City Hall Conference Room Public Hearings: 1. PC 2001-16 Jean Dresden and DCI-Charrington, Inc., petitioners, request for an Amendment to the Annexation and Planned Unit Development Agreement to incorporate the Final Plat in the agreement. The real property consists of approximately 34.25 acres at the Southeast corner of Route 34 and Eldamain Road, in the United City of Yorkville, Bristol Township, Kendall County, Illinois. City Council Meeting Agenda September 14, 2004 Page 2 Citizen Comments: Presentations: None Consent Agenda 1. Building Permit Reports for July 2004 2. Greenbriar Unit 4 - Letter of Credit - authorize to begin process of calling letter of credit in the amount of $29,628.50 for watermain construction and other miscellaneous work along Walsh Drive which expires October 2, 2004 3. Hiring of Water Department Operator 4. Raintree Unit 1 - Bond Reduction#1 - authorize reduction in bond for onsite work in an amount not to exceed$2,418,011.96 5. Route 34 Improvements - Supplemental MFT Appropriation Resolution- authorize City Clerk to execute in an amount not to exceed$2,659.16 6. Police Reports for July 2004 7. Countryside Pump Station Bid Opening Results - authorize purchase of WEMCo Model F6K S supplied by Ley &Associates in an amount not to exceed$74,747.00 8. Deuchler Engineering Agreement for Bruell/Woodworth Pump Station- authorize Mayor and City Clerk to execute 9. EEI Scope of Service for Southwest Watermain Project - authorize Mayor and City Clerk to execute subject to receiving developer's guarantee to fund 10. Water Works Systems Needs Assessment and Project Plan IEPA Loan- Re-initiation and Re-submittal- authorize to proceed in an amount not to exceed$15,000 11. Raintree Village - IDOT Highway Permit and Resolution- authorize City Clerk to execute Resolution and City Engineer to execute Highway Permit a. Resolution for Raintree Village - Illinois Department of Transportation Subdivision Entrance Permit Request - authorize Mayor and City Clerk to execute 12. Request for a Crossing Guard at the Intersection of Rt. 126 and Mill Street- subject to 90 day review Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—August 10, 2004 Minutes of Committee of the Whole—June 1, 2004 and July 6, 2004 City Council Meeting Agenda September 14, 2004 Page 3 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,428,445.45 (vendors) $ 136,788.70 (payroll period ending 8/21/04) $ 1,565,234.15 (total) Reports: Mayor's Report: 1. Resolution Recommending the Updating of Wards in the United City of Yorkville 2. Midco Northgate Yorkville LLC—Galena Road Watermain Easement 3. Blackberry Oaks MPI Easements 4. Approve Qualifications of Yas/Fischel as Master Facility Planner 5. Proclamation for Kid's Day America/Intemational- September 18, 2004 6. Proclamation for Hunting & Fishing Days - September 25 and 26, 2004 7. Appointment to Human Resource Commission 8. Tax Levy Schedule 9. Kendall County Regional Plan Commission Public Meeting regarding Prairie Material Sales, Inc. Zoning Application for Weitendorf Quarry(120.10 acres on Sherrill Road West of Route 47 in Lisbon Township): September 29, 2004 at 6:30 p.m. at Lisbon Elementary School, 90 Canal Street, Newark, Illinois 10. Proclamation for Constitution Week Attorney's Report: 1. Booster Pumping Station Conveyance Agreement (Cooper Site) 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: Executive Director of Parks & Recreation Report: Community&Liaison Report: City Council Meeting Agenda September 14, 2004 Page 4 Committee Reports: Public Works Committee Report: 1. USGS Groundwater Study- Phase II &III County Funding Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Resolution Creating the Position of Payroll/Benefits Specialist 2. Resolution Creating the Position of Clerk's Office Assistant 3. Resolution Creating the Position of Full-time Janitor 4. Resolution Creating the Position of Part-time Accounting Clerk I 5. Drug Testing Procedure-Provena Contract 6. Ordinance Establishing United City of Yorkville Special Service Area No. 2004-104 Central Grande Reserve 7. Ordinance Establishing United City of Yorkville Special Service Area No. 2004-103 North Grande Reserve 8. Ordinance Establishing United City of Yorkville Special Service Area No. 2004-105 South Grande Reserve Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body Adjournment: City Council Meeting Agenda September 14, 2004 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 'PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd [ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building& Zoning Chamber of Commerce Committee: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Spears Plan Commission Committee: Alderman Munns Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOLOGY; Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare I `tt' , ? '_ t1 r (d `' STATE OF ILLINOIS ) COUNTY OF KENDALL ) FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR FOX HILL SUBDIVISION (JEANNE DRESDEN AS TRUSTEE FOR TRUST #8589, OR NOMINEE) (DCI-CHARRINGTON,INC., OR NOMINEE) WHEREAS, the UNITED CITY OF YORKVILLE and PAUL DRESDEN, the ORIGINAL DEVELOPER OF FOX HILL SUBDIVISION entered into a written Planned Unit Development Agreement which was previously adopted and approved by the UNITED CITY OF YORKVILLE through Ordinance by its City Council; and WHEREAS, the OWNER/DEVELOPER and the CITY have undertaken to perform all obligations with respect to that Agreement; and WHEREAS, a new OWNER/DEVELOPER, JEANNE DRESDEN AS SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA TRUST #8589, and DCI-CHARRINGTON, INC., or nominee, within Fox Hill Subdivision, has made written application to the UNITED CITY OF YORKVILLE for the purpose of approving the preliminary and final plat of subdivision as depicted in the attached Exhibit "A"which is incorporated herein and made a part hereof; and WHEREAS, JEANNE DRESDEN AS SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA TRUST #8589, or nominee, within Fox Hill Development, has provided the City with an architectural rendering of the proposed structures to be constructed within the property in accordance with the Preliminary and Final Plat of Subdivision. —1— NOW THEREFORE,the parties hereby agree as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into an Amendment of the original Planned Unit Development Agreement to which this Amendment is appended pursuant to that Agreement. 3) Upon approval of this Agreement by all parties, the UNITED CITY OF YORKVILLE will pass an Ordinance approving the terms of this Agreement and the Preliminary and Final Plat of Subdivision of the real property depicted in the attached Exhibit"A". 4) OWNER/DEVELOPER agrees to construct any and all structures within the subdivision in substantial conformance with the architectural rendering depicted in Exhibit "B". 5) SEVERABILITY: Should any provision of this Annexation Amendment be found to be unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of this Amendment to Planned Unit Development Agreement as well as the original Planned Unit Development Agreement shall remain in full force and effect. 6) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants —2— contained in this Amendment shall be performed in a timely manner by all parties hereto. IN WITNESS WHEREOF the undersigned have set their hands and seals this day of , 2004. DCI-CHARRINGTON, INC., or Nominee UNITED CITY OF YORKVILLE By: By: ARTHUR F. PROCHASKA, JR. MAYOR Attest: CITY CLERK JEANNE DRESDEN, SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA Trust #8589 Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 09/09/2004 18 30 FAX 630 553 5764 DANIEL J. KRAMER a 002/004 ( ( (1 STATE OF ILLINOIS COUNTY OF KENDALL ) RESOLUTION NO, RAINTREE VILLAGE- ILLINOIS DEPARTMENT OF TRANSPORTATION SUBDIVISION ENTRANCE PERMIT REQUEST WHEREAS, the United City of Yorkville located in the County of Kendall, State of Illinois,has approved a development with a subdivision entrance which by law comes under the jurisdiction and control of the Department of Transportation of the State of Illinois; and WHEREAS, a Permit from said Department is required before said work can be legally undertaken by said City of Yorkville: NOW THEREFORE, be is resolved by the United City of Yorkville, County of Kendall, upon motion duly made, seconded, and approved by a majority of those voting below does hereby resolve: 1) That we do hereby request from the Department of Transportation, State of Illinois, a Permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on the enclosed detailed plans. 2) Upon completion of the proposed subdivision entrance by the contractor and acceptance by the City, the City guarantees all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the State of Illinois. 1 09/09/2004 16:30 FAX 630 553 5764 DANIEL J. KRAMER 003/004 3) Further, the City will hold the State of Illinois harmless for any damages that may occur to persons or property during such work 4) The City will require the contractor to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. 5) That we hereby state that the proposed work is not to be performed by the employees of the United City of Yorkville. 6) That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 20 Attest: CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 2 1l07A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 MINUTES OF 1HE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, HELD IN!ILL CITY COUNCIL CHAMBERS,800 GAME FARM ROAD Or TUESDAY,AUGUST 10,2004. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present(via telephone until 8:22 P.M.) Munns Absent Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney's Representative Kelly Kramer,Police Chief Martin,Director of Public Works Dhuse, Finance Director Pleckham and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska had two amendments: o Item#1 under the Public Works Committee report,EEI Professional Engineering Services for Feasibility Study of Beecher Road Extension—the attorneys asked that this item be tabled. The attorneys are waiting for additional documentation that has not arrived and needs to be reviewed. o Item#3 under the Mayor's Report,Resolution for Aldermanic Ward Map Update— language in the resolution needs to be corrected to reflect the amending of the map not the redistricting of wards. This will be brought back to the next Committee of the Whole meeting. Mayor Prochaska noted that many residents were present because of the feasibility study. He noted that the City sets the parameters for any study done in the City. He stated that the Comprehensive Plan and the preservation of existing tree lines should be kept in mind in regards to the feasibility study. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,August 23,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Wednesday,August 19,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,August 12,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,August 26,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be announced The Minutes of the Regular Meeting of the City Council—August 10,2004-page 2 PRESENTATIONS Mayor Prochaska asked the Council if the swearing-in of patrol Officer Raymond Mikolasek could be moved from the Mayor's Report to Presentations. They agreed. Mayor Prochaska,Chief Martin and Police Commissioners Bob Johnson and Mike Anderson swore in Patrol Officer Raymond Mikolasek and welcomed him to the Police Department. PUBLIC HEARINGS None. CITIZEN COMMENTS Gary Golinski,502 Redhorse Lane,addressed the Council on behalf of those who signed the petition presented to the City Clerk before the meeting(see attached). He voiced his opposition to a north/south transportation corridor to connect Route 71 to Route 47. He stated that the road would bring truck traffic through established residential neighborhoods. He thanked the Mayor for meeting with residents on short notice to discuss the corridor. He stated that Mayor Prochaska said he envisioned the road to be similar to Eola Road or Fabyan Parkway. Mr. Golinski stated that he felt that putting this type of road through subdivisions with homes valued between$300,000.00 to over$600,000.00 will be devastating to property values. He also stated that the road would be an unacceptable safety hazard to the children in these subdivisions. He stated that he moved to the United City of Yorkville about a year ago and spent over$300,000.00 for his home which backs up to a mature tree line which he was told would always be there. He stated he inquired with the builder and developer about the possibility of a road behind his home and was told there was a 50 foot easement but there would never be a road there. He stated other residents in his subdivision where also told this. He stated that the road would be through his back yard and his corner lot would be surrounded by roads on three sides. He asked the Council and residents to work harder to get Route 47 widened. He cited other future potential noth/south roads such as Eldamain Road or the Prairie Parkway. He stated that he along with other residents believe there is no current or future need for a north/south route that will go between two neighborhoods. He suggested placing the road further to the west. He also discussed that EEI is willing to do the study for free however if the City does not choose to use EEI for the next phase of work it will have to pay for the feasibility study. He stated that this does not sound"free"to him and if the City does not have the funds the study should not been done. He questioned if the study was worth$36,000.00 without any other competitive bids. He asked the Council not to consider running a major north/south road through an established residential area and he hoped that the feasibility study wouldn't even be considered. He stated that he was making this plea on behalf of all the homeowners who spent a huge amount of money to live in this neighborhood but also for the safety of the children in the area. Dave Jones,574 Redhorse Lane,addressed the Council and stated that he moved into Yorkville in December,2003. He stated he researched various areas in which to move and decided on Yorkville not only to live in but hopefully someday to work in as a teacher. He thanked the Mayor for meeting with the residents. He stated that he found references to the Comprehensive Plan disturbing because it was made clear to the residents that the Comprehensive Plan was in town long before they were. He stated that the plan can be changed or voided. He noted that Piano is getting Route 34 widened through their town and questioned why Route 47 wasn't being widened through Yorkville. He felt that Yorkville was a stronger town with more money and more influence and should be able to get something done. He stated that the Comprehensive Plan was there before however people are living here now and the Council should be concerned with them and find another place for the road. Marty Kermeen,211 Windham Circle,addressed the Council stating that he lives along the Fox River in the River's Edge subdivision in a wildlife sanctuary. He stated that he paid a premium to look at a nine-acre wildlife preserve not a bridge. He expressed the concern that he will have a hard time recouping his investment,much less make a profit,if the road is constructed. He felt that the City was taking away his retirement. He also expressed his concern for the road's affect on the wildlife. He asked the Council to reconsider the study. Alderman James noted that some people might say that building a home on that piece of property could also adversely affect the wildlife. Mr.Kermeen stated that the development was approved by the City Council and the property was available for sale so he took the opportunity to buy it. Mayor Prochaska clarified that the Comprehensive Plan wasn't designed to be against these residents. He explained that it is a state requirement that cannot be gotten rid off. The city has to have a plan however it can be changed. He also explained that the right-of-way(ROW)was determined before any homes were built and the area was still a cornfield. He stated that the same vote that approved lots in River's Edge also approved the ROW for the road;it was all The Minutes of the Regular Meeting of the City Council—August 10,2004-page 3 approved at the same time. He stated that if the residents have issues with their builders they should contact an attorney and take the builders to task for telling them that there would never be a road at this location. He stated that input from residents will be taken into consideration when reviewing the Comprehensive Plan. Julie Barkauskas,548 Redhorse Lane,expressed her concern for the tree line in the area of the ROW. She stated tht this is a beautiful part of the Yorkville community and her neighborhood. She wondered if when this development was voted it was considered that the backyards were sitting in the ROW. She did not understand why decisions were made for a development to be allowed this. She wanted to know if the Council was aware of how close the ROW was to the backyards and she circulated photographs of the yards,the tree line and the ROW area(see attached). Alderwoman Burd stated that the Council has to consider property lines;it does not create them. When someone comes to the City wanting to annex,the Council does not get to say that the next person's property will have a road. Mayor Prochaska added that at a Coffee with the Mayor in the River's Edge subdivision several months ago it was discussed that because of the tree line,a road would probably need to be moved rather than running it through a 40'tree line. He stated that the Council has discussed saving tree lines whenever it can and he would support working with the next landowner to see if the ROW could be moved so it would not disturb the tree line. He invited residents to participate in the Comprehensive Plan discussion as it is reviewed. Don Peterson,3025 Bristol Ridge Road,addressed the Council stating that his subdivision of River Ridge is opposed to the medians being constructed on Bristol Ridge Road. He stated that this is something that the Council can change if it chooses. He also stated that he has asked the City to look at a construction noise ordinance. He stated that he hoped that progress was being made on it. Mayor Prochaska stated that the Deputy Clerk has contacted Oswego for a copy of their proposed ordinance however it is still in draft form and has not been approved. Glen Poole,487 Kelley Avenue,read to the Council from the Yorkville handbook which states that Yorkville is growing and changing in such a way to keep it a close-knit community. He noted several things that the city is working on;preserving the river front as the city's core, funding from Speaker of the House Hastert to preserve Hoover as a recreation area and using the Illinois RailNet tracks for a trail system(Rails to Trails). He asked if this would be lost if Beecher Road is extended. Mayor Prochaska noted that the city is still working hard to obtaining river front property whenever it can. He stated that"Rails to Trails"is a program that can be used if RailNet decides to abandon the railroad line;the rail line is not something that the city would buy. He also noted that the city is thankful to Speaker Hastert for the$5 million for the Forest Preserve District to purchase Hoover. Alice May, 11028 River Road,addressed the Council on behalf of the River Road Homeowner's Association. She stated that she bought her home on River Road 39 years ago and is now concerned that her home and property will be taken away from her if Beecher Road is extended. She questioned why Yorkville needs three bridges over the Fox River when North Aurora, Batavia and St.Charles only have one bridge each. Mayor Prochaska stated that it hasn't been discussed to take property away from anyone.He explained that the study is a planning tool. He stated that the other communities Mrs.May noted are also struggling with traffic and can't find another crossing for additional bridges. These other communities are looking at taking people's property because they did not have a plan for the future. He asked Mrs.May who told her that the city would be taking her property. She stated that she read in the newspaper that$900,000.00 was being allotted for the purchase of property. Mayor Prochaska clarified that there hasn't been a vote by the Council to give anyone any money for anything. He stated that it is not in the city's plan to buy land for a road or bridge across the Fox River. The city is faced with other costly projects that will come first such as the In-town Road Project for repairing existing streets. Alderwoman Spears stated that at a recent COW meeting,a Council member asked EEI how many property owners would be affected by the road. EEI stated that they charted out the road and that there were some homes that will be affected and they stated that it could possibly cost $900,000.00 to obtain property. She stated that EEI never gave the exact addresses or locations of the properties and that this was just preliminary information. Mayor Prochaska stated that EEI told the Council that there were twelve properties that they could see were in the path of the study area. Alderman James asked everyone to look to the future. He stated that if none of this planning is done now and in twenty-years a north/south road is needed,more homes may need to be demolished. He stated that the Council is trying to plan for the future while the land is undeveloped so that people will not be displaced later. The Minutes of the Regular Meeting of the City Council—August 10,2004—page 4 William Sklodowski,326 Windham,explained to the Council that he lived in Western Springs, Illinois along Interstate 294 and the noise from the road was horrendous. He stated that placing a major road alongside a residential area does not work. He also noted that he was lucky to get his asking price for his home in Western Springs because the noise affected the value of the property. Dustin Menard,906 Stony Circle Lane,explained to the Council that he moved into River's Edge last month and he is disturbed by the study. He stated that he is aware that there definitely is a need for a plan for the city. He stated that there is a concern for his subdivision's property values and the safety of the children living there and he asked if the route could be diverted some place else where everyone is happy with the location. Robert Erskine,377 Popular Drive,addressed the Council. He stated that this whole thing boils down to NIMBY—"not in my back yard". He stated that there are probably several different routes that could work but it is a matter of who does not want it in their backyard. He stated that he grew up in Cicero and Berwyn,Illinois. He stated that there were shootings in his neighborhood so he decided it was time to move. He read about Yorkville and moved because it was everything that was different from the area he was raised in:no traffic,noise,sirens,etc. He stated he picked his lot in River's Edge because it was surrounded by green however he was green because he did not check to see if there were any plans for future roads. He stated that the issue of a north/south road will be pushed around and pushed to those with the least political connections or influence. Alderwoman Burd addressed the claim of"not in my backyard". She stated that she owns property on River Road and Eldamain Road will be two lots over from hers so she knows how these residents feel. She stated that the five acres was a big investment for her family and was her dream location.She stated that she did not necessarily feel that the road will be stuck on the people with the least amount of political clout and stated that the Council will look into this very carefully. Alderwoman Spears apologized for not attending the neighborhood meeting but she was not aware of it. She stated that at the last COW meeting,she voiced many of the same concerns as those presented tonight such as the study was indeed not free and she was uncomfortable with the contract presented. She noted that at the COW meeting some of the Council suggested approving the study at this time because if done in a few years the study would cost more and more properties will be affected. She stated that she was concerned that if the study was affecting one homeowner it was affecting somebody. She stated that the city should concentrate and focus all its attention on widening Route 47 and she is going to contact an attorney and start a petition.She stated that if enough people sign the petition maybe someone in Springfield,Illinois or Washington D.C.will pay attention to what the community is requesting and put Yorkville in the plan to expand Route 47. She also stated that the city has enough studies for expanding or putting through new roads. She stated that she went to the River's Edge subdivision and saw how close the road will be to homes and she would not want the road in her back yard so she would not vote for the study or the road. Mayor Prochaska stated that he brought up to the Council that the study was not free. He also stated that he was invited to a gathering with a few people at a home in River's Edge.He stated that it has been discussed to work on getting Route 47 widened. He stated that letters need to be sent to the legislature and the governor because they are the people who control the dollars for Route 47. He asked the media to list the addresses and e-mails to the areas legislators. He stated that he has argued that Plano,Oswego,Sugar Grove and Mon-is have four lanes through their towns and he has been told that to widen Route 47 in Yorkville will cost$25 million or about$8 million/mile which is substantially more than Illinois Department of Transportation(1DOT)pays. He has been told it is tough to get other legislators in other parts of the state to agree to spend this much money in a small area. Route 47 is a major commercial thoroughfare,a major route in the state and one of only three routes that run from Wisconsin to mid-state Illinois. He stated that he is continuing to work with the legislators to get funding for the project.He noted that he is not against truck traffic or truck drivers however there is a safety issue forming on Route 47 because there are no shoulders and only one lane. It is becoming difficult to get emergency vehicles down Route 47 due to slow moving vehicles. He noted that Kendall County is moving forward with Eldamain Road crossing the Fox River and the Prairie Parkway is still moving forward. He stated that he has been at all the meetings for the Prairie Parkway and they are hearing that the main alternative to the Prairie Parkway is to widen Route 47 from Sugar Grove to Morris and he is supporting this. He also stated that he is investigating other revenue resources such as the Department of Economic Opportunity and sources in Washington D.C. Fred DuSell,478 Kelly Lane,stated that he spoke to Senator Lauzen earlier in the day who stated that both he and Representative Lindner support the widening of Route 47. Senator Lauzen The Minutes of the Regular Meeting of the City Council—August 10,2004—page 5 asked that Mayor Prochaska back off with telling people to write letters because he already gets enough letters on the subject. Alderwoman Spears stated that she felt that individual letters and emails are being ignored. She asked by a show of hands how many people present were in agreement with of petition and how many would be willing to sign it. There was a show of hands and Alderwoman Spears stated she would go ahead with it. Mr.Kermeen stated that the number of homes affected by the study should include all of those in the River's Edge and White Oaks subdivisions because these homes will loose property because of the road. He stated that since the information came out in the newspaper anyone looking to purchase any of the homes in the area of the proposed road will ask questions about it. Mayor Prochaska stated that the proposal for the study was not done in a vacuum but talked about in open meetings with the press reporting on it. He stated that the Council is doing the best they can for the whole of the community. He stated that those heard tonight are new voices and the Council will try to work with them just as it has with other residents over the years. Mayor Prochaska stated that he has lived in Yorkville for fourteen years and joined the Council after living in the city only two years. He stated he wanted to become involved and wanted to do good things for Yorkville and that everyone on the Council is a person trying to do a job. He stated that the residents have given their comments and input for the Council to listen to. There were no further comments or questions. CONSENT AGENDA 1. Police Reports for June 2004 2. Water Department Reports for May and June 2004 3. Grande Reserve—Earthwork Letter of Credit—authorize to begin the process of calling the Letter of Credit in the amount of$3,049,410.03 for grading and erosion/sediment control for Neighborhoods 6 through 16 which expires October 10, 2004 as recommended by the City Engineer 4. Well#7 Wellhouse&Treatment Facility—Change Order#2- authorize increase of $18,009.30 and 17 additional days to the contract as recommended by the City Engineer 5. Request to Hire a Maintenance Worker II—approve request to hire at a starting pay of$16.98 per hour 6. Grande Reserve Well#9—Change Order 41—authorize increase in an amount not to exceed$2,629.00 7. Grande Reserve Well#8&#9 Treatment Facility—Change Order 41—authorize increase in an amount not to exceed$3,548.76 8. Naming of Rivers Edge Park"Rice Park"in honor of Virg Rice 9. Hiring of Budgeted Employees:Hire first police officer August 1,2004;hiring of second police officer subject to budget review and hire full-time Records Clerk August 16,2004 10. Shred-co Contract for Records Disposal—authorize City Administrator to execute for a term of one year Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-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 Joint City Council and Plan Commission meeting from June 23,2004;seconded by Alderman Kot. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 30,2004 totaling the following amounts: checks in the amount of $793,146.35(vendor);$137,984.33(payroll period ending 7/24/04)for a total of$931,130.68; seconded by Alderman Sticka. The Minutes of the Regular Meeting of the City Council—August 10,2004—page 6 Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye REPORTS MAYOR'S REPORT Ordinance 2004-45 Establishing Special Service Area for Fox Hill Subdivision Mayor Prochaska noted that the snow removal item has been removed. He entertained a motion to approve an Ordinance establishing Special Service Area Number 2004-201 in the United City of Yorkville for the Fox Hill Subdivision an authorize the Mayor and City Clerk to execute the documents. So moved by Alderman James;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye, Galena Road Watermain Easements— Rosenwinkle,Inland and Dickson Properties Administrator Graff and Attorney Kramer stated that the city has verbal agreements for the easements but not signed mylars. The Council agreed to continue this until the next City Council meeting. Mayor Prochaska entertained a motion to continue the water main easements for Galena Road for the following properties,Rosenwinkle,Inland and Dickson until the next City Council meeting. So moved by Alderwoman Spears;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye Ward Map Update Mayor Prochaska noted that the verbiage of the resolution needs to be corrected before the Council can vote on it. He entertained a motion to continue the resolution for the Aldermanic Ward Map update until the next City Council meeting. So moved by Alderwoman Burd; seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye • Summer Sleuths Mayor Prochaska thanked David Workman from the Illinois Mathematics and Science Academy for running a program called Summer Sleuths. The program gets fifth through eighth graders involved with various issues in the community. This summer the subject was the radium in Yorkville's water. The students did research and made presentations on the subject. He noted that City Engineer Joe Wywrot attended one presentation and he attended another. He stated that he found the student's work interesting and the dedication of the adults endearing. He explained some of the student's findings to the Council and stated that he has invited them to give a presentation to the City Council. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. The Minutes of the Regular Meeting of the City Council—August 10,2004—page 7 EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown noted that beginning phase of construction of Rice Park in River's Edge was begun today and should take six to eight weeks to completion. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Awarding Bid for Hydraulic Avenue Interceptor A motion was made by Alderman Sticka to approve and award the Hydraulic Avenue interceptor contract to H.Linden&Sons in an amount not to exceed$1,847,778.00;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-4 Nays-3 James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Burd-aye EEI Professional Services—Feasibility Study for Beecher Road Extension Mayor Prochaska stated that a motion was needed to table this item. Attorney Kramer explained that this item will not be brought back for a vote until a member of the Council makes a motion to bring it back;this will not be continued. A motion was made by Alderman Sticka to table the vote on the EEI Professional Services for the Feasibility Study of Beecher Road Extension due to the lack of documentation;seconded by Alderman James. Alderwoman Spears called the question. Alderwoman Ohare asked if she could make a comment and was told by Mayor Prochaska that there shouldn't be any comments when a motion is tabled. Motion approved by a roll call vote. Ayes-4 Nays-3 Burd-nay,James-aye,Kot-aye,Ohare-nay,Spears-nay,Sticka-aye,Prochaska—aye Alderman Kot expressed his concern that if a motion is needed to bring this back,that citizen's know when it will be done. Mayor Prochaska stated that a motion to bring this back at a future meeting would be done first and then it would be added as a specific agenda item. Alderman Kot verified that there would be two weeks notice before it would be voted on and Attorney Kramer stated that this was correct. Alderwoman Spears asked if a motion could be made now to put it on the agenda in two weeks. Mayor Prochaska stated that she could make that motion if she likes. Alderwoman Spears asked if the motion could be to bring this to the next COW meeting and Attorney Kramer stated that she wasn't sure but she thought the motion to table tonight would over ride a new motion as it should not be discussed further tonight. There was discussion regarding the tabling of an item and when the motion to bring it back up again occurs. Attorney Kramer stated that this item could be placed on the next COW agenda for further discussion. ECONOMIC DEVELOPMENT COMMITTEE REPORT Granting Rezoning for 801 No.Bridge Street A motion was made by Alderman Sticka to continue the approval of a development agreement granting rezoning for Cara Behrens(Travel Services of Yorkville,Inc.)until the next City Council meeting;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Burd-aye,James-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMIlVISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—August 10,2004—page 8 ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body. He asked that City Clerk Milschewski,City Treasurer Powell,Administrator Graff,Director Brown and Attorney Kelly Kramer be included and he noted that no action would be taken. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye Alderwoman Ohare signed off and disconnected. The Council took a break and entered into Executive Session at 8:43 P.M. The Council returned to regular session at 8:50 P.M. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:50 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 9 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM JUNE 1,2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderman Joe Besco Alderman Marty Munns Alderwoman Valerie Burd Alderwoman Wanda Ohare Alderman Paul James Alderwoman Rose Spears Alderman Richard Sticka City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Dan Kramer Police Lieutenant Don Schwartzkopf Public Works Director Eric Dhuse Director of Parks&Recreation Laura Brown Finance Director Traci Pleckham GUESTS: See attached list. PRESENTATION Representatives from Williams Development presented a Request for Qualifications(RFQ) for the City's Facilities Master Plan. See attached. Mark Bushhouse,Principal and Municipal Expert for the firm introduced the consultant team: o Mike Williams, Principal, CEO and Recreation Expert o Pete Pointner,Principal and Urban Planner o Keven Graham, Principal and Land Planner. The team explained the process used to develop the plan: o Understanding the situation-Mike Williams explained that he has previously worked with Executive Director of Parks &Recreation Laura Brown in developing a recreation master plan. He explained that he works to enhance recreation opportunities in a community. o Defining the community's vision-Keven Graham explained that an analysis of the community, land use, growth and demographics,the downtown area, etc is done to a plan for the future. His goal is to draw people to the downtown, identify and maintain a sense of community and evaluate the components of the area. o Building public consensus-Pete Pointner explained that a planning advisory group is developed to be a sounding board for ideas. Interviews of key people such as business owners and historical preservation groups will be done. The public will be kept aware of the plan through workshops, open houses and media releases. He outlined a process: • Stage 1 —starting point,work with advisory committee to determine challenges and opportunities. • Stage 2—Develop alternatives—invite comments from advisory committee, public, etc. • Stage 3 Review draft of recommendations—build community in a cost effective manner Page 2 of 9 • Stage 4 Public Hearing—hold hearing before the facilities plan is adopted to further involve citizens o Action plan-Mr. Bushhouse discussed the action plan which includes a facilities, downtown and financial plans. He summarized why Williams Development would be a good choice for the Facilities Master Plan; they have previously worked with the City and they have a good team that works well together. The floor was opened for question or comments. Alderwoman Spears expressed her concern that the plan address the concerns of seniors such as housing and transportation. She asked if anyone on the team had experience in this area and Mr. Williams stated that he has worked for over twenty years on projects such as senior centers and has an extensive background with their needs and activities. He stated that this is a huge part of recreational and municipal planning. Mayor Prochaska asked for a further explanation of the recommended advisory committee makeup. Mr. Pointer stated that the committee usually consists of twelve to twenty-six people, representing the City Council,Plan Commission,staff,etc. The committee will identify the big issues in the community which need to be addressed by the plan. There were no other comments or questions from the City Council. Mayor Prochaska thanked the gentlemen for their presentation. CITIZEN'S COMMENTS Gary Maxwell, 8710 Route 71, (corner of Wing Road and Route 71)addressed the Council. He expressed his concern regarding a weekend event that was held at the residence at Routes 126 and 71. He stated that a band played very loudly starting at 2:00 A.M. on a Saturday morning and continued until midnight Sunday. He stated that residents in the area saw posters advertising more events throughout the summer. Mr. Maxwell reported that the music was so loud that it vibrated his windows, made if difficult to hold a conversation and could be heard as far away as Lyons Farm on Route 71. He stated that he reported the noise to the authorities however it did not stop. He finally called Mayor Prochaska at 9:00 P.M. Sunday He stated that the residents in the area would like reassurance from the city that this will not happen again. Alderman Kot noted that the City does have a noise ordinance and he asked Police Lieutenant Schwartzkopf what action was taken. Lieutenant Schwartzkopf stated that the group was cited for violating the City's noise ordinance because the residence is within City limits however the band was on property that was not within the City's limits. He stated that Kendall County worked along with the Police Department but he was not sure if they were cited by the County. Administrator Graff clarified that,per Chief Martin,the City cited the group because the music was being generated with in the City's jurisdiction. He stated that Kendall County does not have a noise ordinance but they can defer to the State's Attorney's office in regards to land use. He also noted that the City can cite them however the police do not have the authority to shut down the operation per the steps outlined in the ordinance. A court order would have been needed to shut the event down. He stated that the City is in the process of a legal review of the land use, zoning requirements, etc. Attorney Kramer stated that the City can file an injunction for a civil remedy. Administrator Graff noted that the Police Department is meeting with Attorney Kramer to develop a strategic plan for the violation of land use. He also stated that the Police Department Page 3 of 9 does need names of individual's who were affected by the event to add to the complaint and he stated that the property owner was contacted about the situation and did come out to the site. Mr. Graff stated that he saw the signs indicating a"music fest"on Friday evening and he contacted the Police Department to alert them to a possible situation. Mayor Prochaska also noted that the City's Building Department is looking at the zoning ordinance to see if there is anyway to modify it to address any future problems. Mr. Graff explained that the organizers of the event are in violation of the zoning code because they did not obtain a special use permit or special use zoning on the property. He stated that Attorney Kramer could go to court to obtain an injunction to prevent any future events. There was further discussion on food being served at the event,traffic, cars parked on Route 126, the noise ordinance and garbage left over from the event. Thomas Heise, 6610 Wing Road,read a letter dated May 26, 2004 objecting to this event and any others planned at this location in the future(see attached). There was no further discussion. The residents thanked the Council for their time in this matter. DETAILED BOARD REPORT—BILL LIST Finance Director Traci Pleckham reported that the Accounting Department has added more lines for comments on the Detailed Board Report. She stated that they have tried to include the line item or the name of the account the amount is deducted from. There were no further comments or questions. This item was placed on the June 8, 2004 City Council meeting regular agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Liberty Street Watennain—Change Order#1 2. Water Department Report for February 2004 3. Savitski Property-Letter of Credit 4. Well#7 Well House and Treatment Facility—Change Order#1 5. Grande Reserve ComEd Easements 6. Foxfield Unit 2—Final Acceptance 7. 2004 Public Sidewalk Repairs—Bid Results 8. 2004 Asphalt Surface Treatment—Bid Results Mayor Prochaska asked the Council if they had any questions or comments. Alderman Kot noted that the Council received a follow-up memo concerning Item#3 with a date change. Mr. Dhuse indicated that the Letter of Credit was extended and this item can come off the agenda. There were no other comments or questions. The remaining seven items were placed on the June 8, 2004 City Council meeting consent agenda. Page 4 of 9 MAYOR Library Referendum Resolution Attorney Kramer reported that a draft resolution is currently under review by the City's Bond Consul. They will confirm it or conform it to the bond request itself. He hoped to get the information soon and stated it could be on the next City Council meeting agenda. There was discussion on how the referendum question should be posed on the ballot. Depending on how it is worded, a tax cap may apply. Mayor Prochaska asked that the resolution be brought back to the next Committee of the Whole (COW)meeting. He asked that the Library Board members,Kevin McCanna from Speer Financial and John Repsholdt from Ehlers&Associates attend. This item was placed on the June 15, 2004 COW agenda. Resolution Appointing Waste Facility Consultant to Provide Technical Waste Transfer Citing Services Mr. Graff stated that he requested a resolution appointing Kevin T. Dixon of Dixon Environmental Consulting to provide technical waster transfer siting services. Attorney Kramer stated he drafted the resolution but left the compensation out because this will be on an "as needed"hourly charge. There was some discussion on the development of the application for local siting approval. Mr. Dixon felt that 8-10 hours of work would be needed to do this. This item was placed on the June 8, 2004 City Council meeting consent agenda. Proposal for Removal of the Foyer Doors Mayor Prochaska reported that Building Inspector Bill Dettmer has determined that the second set of foyer doors is no longer needed. There have been issues with the locks in the doors malfunctioning. A proposal for$3,400.00 from McCoy Construction Co was received which will cover the removal of the doors,the relocation of the exit sign, the repair of drywall at the door opening, the creation of an opening above the doorway to mimic the window in the council chamber, etc. The Council discussed that the bathroom doors, the administration office door and the elevator door can be locked to prevent anyone from getting in to these areas. Funding for the removal of the doors was also discussed. Mr. Graff stated that not all the fees from annexations that were to be used for the buildout have been collected;there is about a$280,000.00 shortage. The money for this work could be taken out of the Contingency Fund or out of the Building Reserve Fund and replenished when the developer fees are collected. After some discussion,the Council decided to remove the doors and do the other construction work later when the funds are available. Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on June 5, 2005 at Yorkville Napa Auto Parts from 9:00 A.M. to 11:00 A.M. Page 5 of 9 ECONOMIC DEVELOPMENT COMMITTEE Fox Hill PUD Agreement Alderman Sticka reported that the developer has withdrawn the request for a sale tax rebate. They are asking to rezone from single family to multifamily. There was discussion regarding the developer's request for recovery of engineering costs spent on the rezoning and their petitioning the City for an Economic Development Incentive Agreement at a future date. Mr. Graff also noted that they also agreed to follow architectural standards. Mr. Graff asked Attorney Kramer if a supermajority vote was needed because the Plan Commission rejected the amendment and Attorney Kramer stated that a only a simple majority vote was needed. This item was placed on the June 8, 2004 City Council meeting regular agenda. PARK BOARD Recommendation to Rename Prairie Park Executive Director of Parks &Recreation Laura Brown reported that Scott Sleezer,Park Foreman, has recommended that Prairie Park be renamed in honor of Samantha and Theresa Eberhardt. The name suggested is Samantha and Theresa Eberhardt's Hiding Spot Park. The Park Board has recommended the renaming. The Council discussed the Eberhardt family's involvement in the development of the park, the criteria for the naming and a shorter name. Administrator Graff and Mayor Prochaska suggested naming the park"Hiding Spot Park" in honor of Samantha and Theresa Eberhardt. Alderman Kot asked Ms. Brown to discuss the name change with the Eberhardt family which she said she would do by the City Council meeting. This item will be placed on the June 8, 2004 City Council regular agenda under the Mayor's Report. Construction of Concession Stand Summary—Information Only Ms. Brown reported that Scott Sleezer has developed a financial recap for the Beecher Park concession stand construction costs. She indicated that due to donations,the project came in under budget. She also stated that the driveway to the stand should be paved within the next ten days. Fox Hill Park Beautification Day—June 12,2004—Information Only Ms. Brown reported that Mr. Sleezer has been working with Officer Barry Groesch on getting the community involved with the parks. Homeowner's in the Fox Hill Subdivision were notified of the event on June 12, 2004 starting at 8:00 A.M. asking them to join the City in planting flower beds in their park. Grande Reserve Unit 7 Land Donation Change for Park D Administrator Graff stated that this park is a joint school/park site. After the engineering was completed,the park site was 2.8 acres short in meeting the school requirement. The developer is asking that the deficit be satisfied with a cash contribution. He stated that there is still an issue that needs to be resolved regarding density and open space. Attorney Kelly Kramer and City Planner Mike Schoppe are working on the issue. He stated that this might also trigger an amendment to the Planned Unit Development Agreement. Page 6 of 9 Ms. Brown indicated that the Park Board is comfortable with the cash donation however they are concerned that this is the second park that they have reviewed in this subdivision and both have had changes with the acreage. This item will return to the June 15,2004 COW meeting. Rosati's Pizza Contract Ms. Brown stated T.J. Banning owner of Rosati's Pizza has been allowing the United City of Yorkville to purchase pizza at cost to sell at the concession stand. The City marks up the pizza and is allowed to keep the profit. In exchange for this, he has asked if he could sell pizza from a mobile vender at other parks in the City. The Park Board felt this was a fair trade-off. Ms. Brown recommended that the City and Mr. Banning enter into a formal agreement for the 2004 summer season which will be re-evaluated at the end of the season. She indicated that both the Park Board and Mr. Banning were fine with the agreement. Mayor Prochaska asked if Mr. Banning would sign it before the City Council meeting so that the Council knows he agrees to it. This item will be placed on the June 8,2004 City Council regular agenda under the Mayor's Report. PUBLIC WORKS COMMITTEE Institutional Agreement for Fox Industrial Park Attorney Dan Kramer reported that this concerned the property located at 106 Beaver Street in the Fox Industrial Park where Wayne Circuits was formally located. There is environmental contamination on the property so the Illinois Environmental Protection Agency(IEPA)requires an Institutional Control Agreement with the United City of Yorkville to insure that no wells will be drilled in that particular area until the environmental concerns are mitigated. Attorney Kramer explained the process that the'EPA follows in situation such as this. He indicated that this does not affect existing wells in the area however no future wells will be allowed within a 2,600 foot radius of the property. He explained that the Pride Panty and Silver Dollar property sites have similar agreements. Attorney Kramer explained that there is no expense or liability to the City. This item was placed on the June 8, 2004 City Council meeting consent agenda. In-Town Road Program—Policy Decisions Alderman Munns reported that the City has received the preliminary plans from Smith Engineering for the In-Town Road Program and some issues have been identified that require direction from the Council. Alderman Sticka indicated that City Engineer Joe Wywrot would like the City Council to set the policies so there are no problems when the work begins on the streets in the older sections of the City. The Committee discussed the issues: o Aggregate Shoulder Width—There are many locations where the street shoulder width is wider than standard. The proposed plan calls for a 2' standard shoulder width. It has been questioned if the existing width should be maintained or the standard used. After some discussion it was suggested that input from the residents affected by this be taken into consideration. Mayor Prochaska asked that the areas affected be identified along with any drainage issues. Aldermen Kot and Spears and Mayor Prochaska stated that if a wider shoulder exists, it should be maintained if the residents want it as long as it is not a drainage issue. Mr.Dhuse stated that this affects a small number of homes and the areas are easily identifiable. Page 7 of 9 o Street Width—Currently, Center Street in front of Parkview School has curbing along the aggregate shoulder. The plan calls for a drop off zone on the north side of the street and nothing on the south side. The Public Works Committee recommended that the standard of a 2'shoulder on the south side of the street be maintained. Alderman Kot suggested asking Parkview School for their recommendation. o Driveway Aprons—This is a two-stage project, driveways will be disturbed in the fall for storm sewers and again in the spring when the roads are done. City Engineer Joe Wywrot recommended, in an effort to minimize cost, that the disturbed driveways be left as aggregate over the winter and replaced in the spring. Alderwoman Spears noted that she had this done on her driveway and it was hard to shovel during the winter. The Council discussed that this is an inconvenience for the residents however it is a huge cost savings for the City. The Council discussed advising the residents of the process. o Parkway Culverts—The project includes parkway grading to create roadside swales and driveway culverts. This is not a policy question but rather an"FYI"to the Council. Again, communicating with residents was discussed. Joint Purchase with Parks Department of Toro 4000-D Lawnmower Mr. Dhuse reported that the Public Works Department and the Parks&Recreation Department are combining resources to purchase a new lawnmower. The funds were budgeted in both the Public Works and Parks Capital for 2004/2005. The cost of the mower is $40,857.27 and will be distributed as such; $15,000.00 from Park&Recreation Capital(line item mower), $21,000.00 from Public Works Capital (line item mower) and$4,857.27 from Public Works Capital(line item reserve). The mower will be purchased through a federal government purchasing program called GSA and the old mower will be used at the Hoover facility. Mr. Dhuse indicated that the delivery date for the new mower is approximately July 1, 2004. Heartland Circle— Sanitary Sewer Alternative Plan Administrator Graff stated that the City is under discussion with the subdivision owner regarding an alternative plan for the sanitary sewer. He stated that the City has done its due diligence to meet the timeline for the installation of a pump station at Bruell Street however the project has been delayed. He indicated that an alternative plan is being reviewed by the City Engineer and Deuchler. The alternative is a temporary solution and the City has three years to install a pump station. Permits have been obtained from the Illinois Environmental Protection Agency(IEPA) and this will be a private project done by the developer. The Heartland pump station will be designed to connect to the forcemain on King Street. Mayor Prochaska indicated that he was still working with the land owner for the Bruell Street location however no agreement has been reached. Request to Purchase Grader Attachment Mr. Dhuse reported that the Public Works Department would like to purchase a grader attachment for the skidsteer which will help spread gravel uniformly. The attachment cost is $6,250.00 which is less than an auger system which was initially considered. Funds for the attachment are in the budget. This item was placed on the June 8,2004 City Council meeting consent agenda. Disposal of Property Mr. Dhuse stated that it has been previously discussed to dispose of excess property however it was never voted on. He provided a list of the equipment that he would like to dispose of through sealed bids. Mr. Graff stated that Attorney Kelly Kramer investigated the legalities involved and then the department heads developed a policy and procedure to dispose of City property. Page 8 of 9 Attorney Dan Kramer stated that a resolution could be passed to approve the sale. Mr. Dhuse stated that he would provide a clean list that can be attached to the resolution. The Council discussed the trade-in of equipment, donating excess office equipment to the schools and the disposal of old computers. This item was placed on the June 8, 2004 City Council meeting regular agenda under the Public Works Committee Report. ComEd Temporary Easement for Raintree Village Administrator Graff reported that a temporary easement is needed to get power to Units 2 and 3 of the subdivision for the well. Attorney Kramer explained to the Council that there were some problems with the language of the easement on ComEd's part and indicated that this has being worked out. This item was placed on the June 8,2004 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE No report. ADMINSTRATION COMMITTEE No report. EXECUTIVE SESSION Mayor Prochaska stated that there would not be an Executive Session. ADDITIONAL BUSINESS Fox Hill Weeds Alderman Munns stated that the weeds on the commercial property in front of Fox Hill are very tall and make it hard to see while pulling in or out. Administrator Graff stated that he would notify the Property Standards person in the Building Department of the problem. Grass in Streets Alderman Besco asked if a note could be placed in the newsletter informing residents not to blow cut grass into the streets. He noted that this plugs up the catch basins. Administrator Graff stated that citations have been issued for this and he will be discussing this further with Attorney Kramer. Power Outage Alderman Sticka reported that both he and Alderman Kot received calls regarding the power being out after a recent storm. The residents, in the Adrian and Blaine Street area, indicated that this always happens to them. They asked if there was anything the City can do about this. Mayor Prochaska stated that he was also made aware of this problem and he asked ComEd to put in writing why the power was out in this area for nineteen hours. He stated that it is unacceptable to have power out for this length of time. Alderwoman Burd stated that her electric was out for sixteen hours and that her husband was told by ComEd that it was taking so long to make the repairs because there were so many areas affected by the storms. They stated they were making the repairs in the order that the complaints were received. Page 9 of 9 Mayor Prochaska stated that one things the resident's on Blaine and Adrian mentioned was how quickly the Police and Public Works Department responded. Mayor Prochaska thanked them for a good job. In-Town Road Program Alderwoman Spears asked if the Council could get copies of the information letters that will be sent to the residents. Administrator Graff stated that they would be placed in the Council's mailboxes. Pat Summerall Alderwoman Spears asked if the City received any sponsors yet. Administrator Graff stated that contributions have been received and will be received through June 8, 2004. He stated he would give a copy of the list of contributors to the Council after that date. Glen Palmer Dam Mayor Prochaska reported that he received a call from the Illinois Department of Natural Resources(IDNR) letting him know that they have received funds for the rebuilding of the dam and they will begin the engineering for the project. Prairie Parkway Study Mayor Prochaska stated that he received a letter from Illinois Department of Transportation (IDOT) indicating that they are going into the next phase of the Prairie Parkway Study. They will be holding two workshops on June 16, 2004 at the Beecher Center from 3:00 P.M.to 5:00 P.M. and then at 6:00 P.M. to 8:00 P.M. Mayor Prochaska encouraged members of the Council to attend the workshop. Relay for Life Mayor Prochaska reported that the Relay for Life was being held on June 11 and 12, 2004. He asked anyone interested in being a sponsor to contact him. YEDC Open House Lynn Dubajic reported that the Yorkville Economic Development Corporation (YEDC)was having an open house on Thursday, June 3, 2004 from 5:00 to 8:00 P.M. She stated that they were having a"Taste of Yorkville" All the restaurants in Yorkville will be supplying their specialties. She invited the Council to attend. There was no other additional business. The meeting was adjourned at 9:35 P.M. Minutes submitted by Jackie Milschewski, City Clerk **Note: the presentation portion of the meeting was not taped.** Page 1 of 12 UNITED CITY OF YORKVII.LE DRAFT COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM JULY 6,2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderwoman Rose Spears Alderman Joe Besco Alderman Richard Sticka Alderwoman Valerie Burd City Treasurer Bill Powell(until 7:10) Alderman Paul James City Clerk Jackie Milschewski Alderman Larry Kot Alderman Marty Munns CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse(until 8:00) City Attorney Representative Kelly Kramer Director of Parks&Recreation Laura Brown Police Chief Harold Martin Finance Director Traci Pleckham GUESTS: See attached list. MAYOR Bristol Ridge Road—Design Concerns Mayor Prochaska stated that the original plan for Bristol Ridge Road was different than what is being constructed by the developer,MPI. He explained that when the original plan was developed,the road was going to be under the jurisdiction of Kendall County. This has changed due to an agreement between Kendall County and the township changing the jurisdiction of the road. The city did not have any input into this and was notified of the agreement after the fact. Because of this agreement, when the property was annexed, Bristol Ridge Road automatically became a city street. The road was then designed under the city's standards which includes green space medians on collector roads. Birgitt Peterson, 3025 Bristol Ridge Road, stated the she was told by the Kendall County Board that the United City of Yorkville approached them to turn over the jurisdiction of Route 34 from Bristol Ridge Road to Cannonball Trail. At this time the county gave Bristol Ridge Road to the township who in turn gave the jurisdiction to the city. Mayor Prochaska clarified that the jurisdiction was not given to the city; the jurisdiction becomes the city's upon annexation. Mrs. Peterson stated that according to the city's standards, no driveways are allowed onto Bristol Ridge Road however; there are driveways already on the east side of the road. Mayor Prochaska stated that the city could have a median down the entire length of the road but because there are existing driveways there will not be medians in front of them so that residents will be able to pull out of their driveway in either direction. Mrs. Peterson stated that she heard about the medians by accident. She was concerned that there wasn't a public hearing regarding this. She stated that MPI claims that they wanted to be"good neighbors"but they did not inform the residents of this change. She also stated that she went around the city and there are very few roads with medians. Mayor Prochaska reiterated that the medians will not be near driveways out to Bristol Ridge Road and they will be landscaped similarly to that on Countryside Parkway. He also noted that Mrs. Page 2 of 12 Peterson and her neighbors will no longer be paying taxes for Bristol Ridge Road as they are not in city limits. Don Peterson, 3025 Bristol Ridge Road, asked why the City has not cut the grass along Bristol Ridge Road all year. Director of Public Works Eric Dhuse stated that the city has mowed the ditches about a month ago however there were storm sewer pipes in the way. Mayor Prochaska reminded the residents that they are responsible for mowing the parkways. Mr. Peterson asked if the city was going to hold a meeting to discuss the design change with the residents in the area. Attorney Kelly Kramer stated that the developer is only required to hold one public hearing and then it becomes the responsibility of the citizens to follow up at additional meetings. Mr. Peterson told the Council that there are three reasons that he doesn't want the medians on Bristol Ridge Road: 1)they block access to his neighbor's lot; 2)the medians give the appearance of a subdivision,thoroughfare or parking lot and 3) snow drifts on Bristol Ridge Road from west to east and the medians will make it hard to plow the road thus creating a traffic hazard. He stated that he felt that there were legitimate reasons that should be considered when designing the road. Lois Seaton, 3123 Bristol Ridge Road, addressed the Council. She stated that she moved into her home in 1961 and then bought the lot next door in 1967. She stated that she does not appreciate being compelled to build a house on this lot facing Linden Drive just because of the medians. Mayor Prochaska stated that the concerns of the residents regarding the design of Bristol Ridge Road have been noted and that he that he will check into the mowing situation for the residents. ZBA 2004-08—Marathon Petroleum—504 S.Bridge Street Mayor Prochaska reported that the zoning variances have been before the Zoning Board of Appeals(ZBA). He noted that there is a legal objection to the variances so a 3/4 vote will be needed to approve the variances. He also noted that Building Inspector Bill Dettmer did an investigation on the property because there was a question about it having special use zoning. Mr. Dettmer's investigation found that the first permit issued for this property was to Checker Oil Co. in October of 1967. Subsequent permits were issued for remodeling in 1978, 1990 and in 1998. Based upon his research it was determined that the original permit was issued before the city had special use zoning. The property is zoned B-2 and Attorney Kramer stated that there is no operating hour restriction on the gas station property. If the variances are not granted,they still can start operating 24 hours/day. The Council discussed the hours of operation and entering into a development agreement in order to limit them. Jim Bailey with Marathon stated that without the remodel of the gas station, it would not be beneficial to be opened 24 hours. Georgia Krause, 504 Bell Street, addressed the Council with her concerns regarding the operation of the gas station 24 hours/day. She stated that she and other residents in the area were not against the remodeling but rather the hours of operation. Alderman Sticka noted that Ms. Krause's house was about two year old and he asked if she had these concerns when she moved in. She stated she did research before moving in and was told by a clerk at the station that the operation was from 10:00 A.M. to 6:00 P.M. and that was the way it was going to stay. Alderman James noted that quite of few of the residents who signed the petition are in houses that are relatively new. Alderman Sticka noted that this is a case of residential moving into a Page 3 of 12 commercial area not the other way around. Alderwoman Burd noted that after Route 47 is widened,the area will probably become more commercial. Alderman Munns noted that the gas station is already at the location and they are trying to make it look as nice as they can with the remodeling. Representatives from Speedway asked what the process would be if the City Council fails to pass the request for variances. Mayor Prochaska stated that improvements can still be made within the existing footprint of the property and they still can open the station 24 hours/day. Alderman Kot expressed his opinion as a citizen living fairly close to the station. He stated that there is a place for a 24 hour/day business however he did not feel this is the location for it. He also asked what the voting criteria were for the ZBA. Attorney Kramer stated that Zoning Coordinator Anna Kurtzman sent the Council a memo dated June 30, 2004 explaining the findings of fact based on seven factors for the variances. The ZBA voted for the variances however they did not have a super majority vote needed to approve them. The Council discussed the variances requested and Mayor Prochaska noted that he had a problem with the variance for the garbage enclosure because it will be too close to the road when Route 47 is widened. The Council discussed if the variances themselves were a detriment to the neighborhood. Attorney for Speedway, Greg Ingemunson reminded the Council that legally the hours of operation were not a factor to the variances. Alderwoman Burd noted that when a few homes on Route 47 rezoned, the owners commented on the amount of landscaping that they had to do. She asked if the landscaping ordinance applied to this situation. Mayor Prochaska stated that if a development agreement was done, the ordinance would apply. Administrator Graff stated that the building permit triggers the landscape ordinance. Mayor Prochaska noted that the location is already non-conforming so this is in a gray area. Alderwoman Spears asked if Speedway had any idea how many of their operations in residential areas are open 24 hours/day. A representative from Speedway stated that he did not have this information but could get it for the Council. The Council went over the plans with the representatives of Speedway to clarify where the current building sits on the lot versus the location of the new building. Mayor Prochaska asked the representatives of Speedway if they were interested in the City Council considering the variances for a vote. He stated that Speedway also had the option of entering into a development agreement. Attorney Ingemunson asked that the variances keep moving forward. This item was placed on the July 13, 2004 City Council meeting regular agenda. DETAILED BOARD REPORT—BILL LIST Alderwoman Spears questioned the following items on the bill list: o Page 20,third item, Engineering—Repair Door for$244.00. Mr. Graff stated that the power window broke in the door of one of the Engineering Department's vehicles. o Page 21, second item under Menards for Engineering—maintenance of vehicle for $174.56. Mr. Graff stated that the Engineering Department builds their own storage in the back of their trucks. This was for the new vehicle in the department. Mrs. Pleckham verified that this was for shelving and boards. Page 4 of 12 o Page 29,third item under Precision Lube for Engineering, Oil Change for a 1987 Chevy. She questioned if the vehicle was really a 1987 Chevy. Mayor Prochaska and Mr. Graff noted that this is the oldest truck in the city's fleet. o Page 36, first item for Tom Simmons, mail box repair for$97.09. Mr. Graff indicated that the city damaged the mailbox and the resident fixed it himself and turned in the bill. o Page 37, last item, Building&Zoning, books and maps for$322.50. Mr. Graff stated that every year the city renews the zoning books kept in the Clerk's office. Alderman Munns question an item on page 26 for Northwestern University for$1,995.00. Chief Martin stated that Lieutenant Don Schwartzkopf went to the Executive Management Program and this is the tuition for the class. Alderman Besco questioned an item on page 10 for T-1 line maintenance for$1,958.07 dated 6/1/04 however the charge for the T-1 installation was dated 6/13/04. He asked why there was maintenance on something that wasn't installed yet. Finance Director Traci Pleckham indicated that both charges were related to the installation of the T-1 line; one charge was for the installation of the equipment and the other was for the labor. There were no further comments or questions. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Police Reports for May 2004 2. In-Town Road Program—Additional Services 3. Kylyn's Ridge Unit 1 —LOC Reduction#2 4. Kylyn's Ridge Unit 2—LOC Reduction#1 5. Heartland Circle—LOC Reduction#1 6. 2004 Joint&Crack Filling—Results of Bid Opening Mayor Prochaska asked the Council if they had any questionor comments on the consent agenda items. There were none. The items were placed on the July 13, 2004 City Council meeting consent agenda. MAYOR(continued) Master Facility Plan Mayor Prochaska noted that due to the length of the agenda,he recommended moving this item to the end of the agenda for discussion. Administrator Graff stated that staff could review the information and qualifications presented by the firms that made presentations and give a report to the Council. The Council agreed to this and Alderwoman Burd asked if the report would please note who is on the team for each firm. This item will be brought back to the July 20, 2004 COW meeting. School District's Request for Exemption from Water Conservation Regulations Mr. Graff stated that the school tried to meet the deadline of July 1, 2004 to get landscaping done for Yorkville Intermediate School however the project was delayed due to this spring's rainy weather. The School District sent a letter to Mayor Prochaska asking for an exemption from the water regulations. If the Council doesn't grant the exemption, the School District will have to Page 5of12 wait until September 1st to finish the landscaping. The area will possibly be muddy when the school opens. The Council discussed watering when rainy, granting the exemption with the stipulation that if a pump goes down they would have to stop watering, using seed blankets to help retain moisture and following the city's hours for watering. Attorney Kramer stated that she would draft an Intergovernmental Agreement including the above mentioned items and have it ready for a vote at the next City Council meeting. This item was placed on the July 13, 2004 City Council meeting consent agenda. Ehler's Agreement for Consulting Services for Public education of Library Referendum Mayor Prochaska reported that Ehlers&Associates is the group the Library Board is recommending to use to help develop public education for the library referendum. The cost for the services can be taken from the library expansion funds. Alderman Sticka stated he was at the Library Board meeting when they discussed the services. He stated that they felt that they did not need Option A which is the most expensive option. Alderman Kot asked which option they preferred and both Alderman Sticka and Mr. Graff stated that the Library Board did not specify which of the other options they preferred. Mayor Prochaska questioned the use of taxpayer's dollars to assist with the referendum. He stated that he supported an informational program however he felt that tax dollars should not be used for the politics of the referendum. Alderwoman Burd stated that she has been doing research on referendums lately and stated that she also had a problem with this. She suggested that the group limit itself to developing information for the referendum and not targeting a specific group. Attorney Kramer stated that she has had discussion regarding this and has been advised that caution should be used when co-mingling funds in this type of matter. Alderwoman Burd stated that she was upset that Ehlers was going to be giving the Library Board advice as to who should be on the committee. She recommended that the Library Board should allow citizens that want to be an advocate to be involved. The City Council asked Attorney Kramer to get further information regarding the funding of Ehlers &Associates. Alderman Kot asked why a vote was needed from the City Council on this matter and Mayor Prochaska clarified that this is not a budgeted item. Mr. Graff stated that the Library Board is asking that the cost for the services be taken from funds from the developer MPI. This item was placed on the July 13, 2004 City Council meeting regular agenda pending further information from Attorney Kramer. Intergovernmental Agreement with the Kendall County Forest Preserve for the Hoover Outdoor Education Center Property Mayor Prochaska distributed clean copies of the agreement to the Council. He stated that he had two issues with it. The first is with paragraph#5 stating that areas developed and operated by the Forest Preserve District will be exempted from any and all ordinance of the City. He stated that he would like it clarified that areas developed by the City will be subject to ordinances of the Page 6of12 City. If this is not clarified,the police may have difficulty enforcing ordinances in the areas that the city is using. He also questioned if this is want the District specifically wants to say. The Council discussed what ordinances the Forest Preserve District may not want to abide with. They also discussed that Kendall County ordinances should take precedence over United City of Yorkville ordinances. Attorney Kramer stated that she would discuss this with States Attorney Tim McCann. Mayor Prochaska's other concern was with paragraph#9 stating that all the property belongs to Kendall County and the United City of Yorkville has preferential status in scheduling the use of areas operated and maintained by the City. He stated that if this is done, Land Cash Funds cannot be used at this site because case law indicates the City has to have control of the land to use these funds. Alderman Sticka noted that paragraph#11 was also in conflict with paragraph#9. Attorney Kramer stated that this can be re-worded and she would meet with the County to address the concerns. There was further discussion regarding the length of the property lease. This item will return to the July 20, 2004 COW meeting for review of the revisions. Park Board Appointment Mayor Prochaska reported that he received four applications for the open position on the Park Board. He reviewed them and is recommending Tammy Smock for the position. She is a resident living in the River's Edge subdivision and has already been working with Executive Director of Parks &Recreation Brown as a volunteer. She will be replacing Dave Cathey who is moving out of the city. This item was placed on the July 13, 2004 City Council meeting regular agenda. ECONOMIC DEVELOPMENT COMMITTEE PC 2003-13 Bailey Meadows Annexation&Preliminary Plan Mayor Prochaska reported that the Council had asked for a clean copy however it was not in the packets. Mr. Graff stated that the Baseline Road improvement $2,000.00/unit credit was not included in the agreement. Attorney Kramer noted that Zoning Coordinator Anna Kurtzman's comments hadn't been received yet because she is on vacation. Mrs. Kurtzman is verifying that all the requirements have been met in the revised agreement. Mr. Graff stated that he would have the information the next day and he and Attorney Kramer could go over them. A clean copy of the agreement should be available for the Council by Friday, July 9, 2004. This item was placed on the July 13,2004 City Council meeting regular agenda. CITY TREASURER Treasurer's Reports for February,March &April Finance Director Traci Pleckham presented the reports as Treasurer Powell had to leave because he wasn't feeling well. She stated that he has the reports and he asked that they be tabled until the next COW meeting. Page 7 of 12 Finance Options for Cannonball Trail Roadway Improvements and Emergency Generator Mayor Prochaska asked if the finance options could be discussed when the items are discussed later in the agenda. ECONOMIC DEVELOPMENT COMMITTEE (continued) Approval/Corrections of Minutes Mr. Graff noted that this is on the COW agenda because the Economic Development Committee has changed and he thought the former members could approve it tonight. Alderman Sticka asked that this be placed on the Economic Development Committee agenda for approval. Building Permit Reports for April 2004 There were no comments or questions from the Council. This item was placed on the July 13, 2004 City Council meeting consent agenda. Yorkville Hill Landscape annexation Agreement Attorney Kramer stated that everyone is happy with the construction of the fence between the Yorkville Hill Landscaping property and the Block property. Alderman Sticka noted that the agreement was still missing exhibits. Attorney Kramer stated that City Planner Mike Schoppe has the exhibits and they will be with the agreement when it goes to the City Council meeting. This item was placed on the July 13, 2004 City Council meeting regular agenda. PARK BOARD Park and Recreation End of Year Report Ms. Brown reported that this was an information item. There were no comments or questions from the Council. River's Edge Park-Bid Approval Ms. Brown reported that the bids were opened for the actual construction of the park. The construction is being covered by an OSLAD grant and the City will be getting 50% in matched funds. The lowest bidder was George's Landscaping and the Park Board is recommending they be awarded the bid. Construction of the park will take place in about two weeks after the Council approves the awarding of the bid. Attorney Kramer stated she had reviewed all the documents related to this and everything is in order. This item was placed on the July 13, 2004 City Council meeting consent agenda. Kylyn's and Cannonball Park Development—OSLAD Resolution Ms. Brown reported that a meeting was held with the residents of the area to discuss the construction of the park which is slated the spring of 2005. It will be a Land Cash development. Eighteen residents attended and all were in favor of the park. There are two concepts proposed; a Civil War and pirate themes and the residents recommended the Civil War Theme. The Park Board is asking for approval to submit for a preliminary OSLAD grant. The City's grant writer has suggested this even though the Governor has put a hold on funding, there is a possibility that there may be funds available in the future. An OSLAD grant is a 50% grant. Page 8 of 12 Ms. Brown went over the plan for the park's development. It was the consensus of the Council to move forward with the grant application. This item was placed on the July 13, 2004 City Council meeting consent agenda. PUBLIC WORKS COMMITTEE Faxon Road Extension—Whispering Meadows to Route 47—EEI Engineering Agreement Mayor Prochaska reported that this is for the engineering for the extension of Faxon Road to Route 47. Mrs. Pleckham stated that this will be an MFT(Motor Fuel Tax)project so the funds are available. Mr. Graff indicated that the fees may be recaptured from developers at a later date. This item was placed on the July 13,2004 City Council meeting consent agenda. Cannonball Trail Roadway Improvements—Result of Bid Openings &Funding Options Alderman Besco reported that City Engineer Joe Wywrot brought it to the Committee's attention that the project is going to cost more than originally planned and is $64,000.00 short. Mr. Graff noted that the extra cost was due to the replacement of a 48" culvert and guardrail. Mayor Prochaska reported that there are carry-over funds from last year that have been transferred to the General Fund. By state statute,the funds are to be used for capital projects such as this. Alderman Kot noted that Mr. Wywrot's memo referred to using funds from the sidewalk program. Mr. Graff stated that this will not be done now that the carry-over funds are being used. He also stated that City Treasurer Powell is comfortable with the percentage of the fund balance after using funds toward this project. Mr. Graff stated that the staff would like to award the contract and use General Funds for it. This item was placed on the July 13, 2004 City Council meeting consent agenda. Agreement with YBSD for Rob Roy Creek Interceptor Attorney Kramer reported that the agreement was drafted and approved by the Yorkville-Bristol Sanitary District. She stated that there was still some clean-up needed on the language. This will return to the July 20, 2004 COW meeting. Blackberry Creek USGS—Drainage Area Mayor Prochaska reported that the original plan was that the City was to pay$54,064.00 toward the study and Kendall County was going to pay $28,114.00 however the County has only approved $20,000.00 for the project. This increases both Yorkville and Montgomery's share of the study. The Council discussed the County's choice to not fairly share in the cost of the study,what would happen if the study is not done,how the flood plain mapping affects residents and additional funding from the United States Geological Survey(USGS). After some discussion, Mayor Prochaska stated that the Council voted to pay the $54,054.00 in good faith that the other affected entities would do likewise. He suggested that the USGS be told to find the funding elsewhere. The Council agreed that Kendall County owed them an explanation for their decision. Mr. Graff stated he would relay this information to the Kendall County Administrator. This item will come back to the July 20, 2004 COW if there is any further information. Page 9 of 12 Raymond Storm Sewer Outfall—EEI Engineering Agreement Mr. Graff stated that the fee for the preliminary design services is $14,490.00. It has been recommended that the City fund this initial amount and developers fund the remainder of the $108,685.00 (the total fee for the final design and construction). The City's portion can be recaptured. Mr. Graff explained that outfall for the Raymond Drainage District is needed to control flooding east of Route 47 up to the Dixon Road area and by-pass Route 30. The outfall will connect this drainage district to the Rob Roy Creek area. Approval is needed for the preliminary design services for$14,490.00 with notice to proceed with the remainder of the engineering services as funds are received from developers. Contingency funds will be used. Attorney Kramer stated that EEI can be given noticed to proceed however a recapture agreement needs to be developed. This item was placed on the July 13, 2004 City Council meeting consent agenda. Kennedy Road Reconstruction—Theidel Property—EEI Engineering Agreement Mr. Graff reported that the engineering agreement will be contingent on receiving funds from the developers of the Hinsdale Nursery Property, Pulte Homes,who is planning their annexation public hearing for August 2004. Mayor Prochaska also noted that the City is following the Illinois Department of Transportation format however MFT funds are not going to be used. This item was placed on the July 13, 2004 City Council meeting consent agenda. CJ Insulation Easement for Watermain to New Water Tower North of Galena Road Mr. Graff reported that a water main easement is needed across the CJ Insulation property of Wheaton Avenue. They owners of the property have already signed the easement. This item was placed on the July 13, 2004 City Council meeting regular agenda. Hydraulic Avenue Interceptor—Results of Bid Opening Attorney Kramer stated that a letter was received from Deuchler Associates stating that all the bids that were received were too high. They are recommending that they be rejected and that the project be re-bid. She stated that Deuchler is in the process of re-publishing for bids and developing new bid packets but will not proceed until the received bids are rejected. Mr. Graff indicated that this will delay the project four to six weeks however the project can proceed through the winter months if needed. He indicated that the bids ranged from $2,023,001.05 to $2,451,700.00. The engineer's estimate was $1,900,000.00. In an effort to reduce costs they will be deleting contaminated soil disposal from the bid. Any contaminated soil will still be removed by the contractor however the City will arrange for the disposal of it. This item was placed on the July 13, 2004 City Council meeting regular agenda. PUBLIC SAFETY COMMITTEE Emergency Generator Alderman Kot reported that the emergency generator is not adequate for the entire City Hall building. Sergeant Diederich got bids for a new generator system and the low bid was from Patten Power Systems for$50,292.40. Chief Martin explained that it will take 15 weeks to get the generator and it will run on natural gas. The down time for the switch of the generators should be two to three days and hopefully will be done on a weekend. Page 10 of 12 Mayor Prochaska reported that there are funds available in the carry-over from last year. He stated that it needed to be determined if funds should be taken from the General Fund or Municipal Building Fund. Alderman Sticka asked what was going to be done with old system. Chief Martin explained that the old generator will be used at a pump station. Alderman Sticka asked if the City originally bought a generator that was too small. Mr. Graff explained that the original generator was large enough for the initial building however is not adequate for City Hall since the build-out. The relocation and installation of the generator was discussed further. This item was placed on the July 13, 2004 City Council meeting consent agenda. Request Purchase of Budgeted Vehicles Alderman Kot reported that Chief Martin has requested the purchase of budgeted vehicles. One vehicle will be a squad car($18,299.00)and the other is an evidence van ($33,818.00). Alderman Kot asked what the time frame for the set up of the interior of the van will be. Chief Martin stated that funds are available for the cabinets and radios this year and there will be more funds available next year to further outfit the van. Mayor Prochaska stated that funds are available for the squad car however financing is needed for the van. Further information is needed on financing. Mrs. Pleckham stated that she had been looking into a loan for$62,500.00 for the van and the build-out of a DARE squad. She indicated that there are surplus funds in both the Capital Fund and the Weather Warning Fund that can be applied to the purchase which leaves $24,000.00 to be financed for the squad car. Mr. Graff asked if the Council wanted to authorize Mrs. Pleckham to contact the local banks regarding the financing and the consensus was to allow this. This item will be brought back to the July 20, 2004 COW meeting. The purchase of the squad car was placed on the July 13,2004 City Council meeting consent agenda. Hiring Individual to Replace Officer Patricia Cernekee Alderman Kot reported that Officer Patricia Cernekee resigned and Chief Martin has requested the hiring of a replacement. The Fire &Police Commission has certified an individual for hire who is a veteran police officer. Alderman Kot noted that the Police Department is scheduled to hire two more officers and that there has been discussion regarding the hiring of seasoned officers versus those without experience. He stated that he would like to see the department hire an inexperienced officer next time. Chief Martin stated that is what is planned. Alderman Kot complimented all the new officers that have been hired. This item was placed on the July 13, 2004 City Council meeting regular agenda. ADMINSTRATION COMMITTEE No report. Page 11 of 12 ADDITIONAL BUSINESS EVIL Registration Alderwoman Spears stated the City Secretary Annette Williams has asked that the IML registration be returned to her by July 30, 2004. Alderwoman Spears felt that this was waiting too long and members of the Council may end up with reservations at the Palmer House not the Hilton Towers. She suggested that all the members of the Council be registered at the Hilton and those not able to attend can cancel. Mayor Prochaska stated that this direction has already been given to Mrs. Williams. Pat Summerall Productions Alderwoman Spears noted that the final payment to Pat Summerall Productions was on the bill list. She asked for the status of the funds for this. Mr. Graff stated that approximately $22,000.00 has been received and he is expecting two more contributions. Mayor Prochaska asked for an update at the City Council meeting prior to the vote on the bill list. A stipulation can be added to the motion for the bill list to address this. School Board Alderwoman Burd noted that the School Board passed a resolution to encourage the City to get developers to build schools. She stated that she attended the meeting and she supported this resolution and she asked for support from the remainder of the Council. Police Department Alderwoman Burd noted that she saw letters from Kendall County Health and Human Services commending the Yorkville Police Department for the fantastic job they have done in aiding them. Letters to the Editor Alderwoman Burd commented on recent letters to the editor of the Kendall County Record newspaper regarding aldermen commenting on issues. She stated that she respect people's right to their opinion however she found it odd that a resident would think that the Council would not have opinions and that aldermen should be quiet on issues. She stated that it is the Council's job to represent their constituents. She noted Park Board members are appointed and do not represent constituents. She wanted to point out to the citizens of Yorkville that none of the Council should be quiet on the issues. Zoning Board of Appeals Alderman Sticka stated that the letter criticizing the way the ZBA works was very unfair. He noted that the ZBA is comprised of volunteers trying to do the best they can. Mayor of Plainfield Mayor Prochaska reported that the mayor of Plainfield, Richard Rock, died. He stated that the United City of Yorkville is sending a letter of condolences to the Village of Plainfield along with a donation to Mayor Rock's memorial. He stated that he had worked with Mayor Rock on several things and that he found him to be conscientious and easy to work with. Alderman Sticka stated that Mayor Rock was a gentleman. There was no other additional business. Page 12 of 12 EXECUTIVE SESSION Mayor Prochaska stated that the Executive Session for the purchase or lease of real property for the use of the public body was not needed. Mayor Prochaska entertained a motion to go into Executive Session for the appointment, employment, compensation, discipline,performance, or dismissal of specific employees to hear testimony on a complaint lodged against an employee to determine its validity. So moved by Alderman James; seconded by Alderman Munns. Mayor Prochaska asked that the City Clerk, City Administrator and Attorney Kramer be included in the session and that no action would be taken following the session. The motion was approved by a roll call vote. Ayes-7 Nays-0 Besco-aye, Burd-aye,James-aye,Kot-aye, Munns-aye Spears-aye, Sticka-aye The Council entered into Executive Session at 10:00 P.M. The Council returned to regular session at 10:20 and the meeting was adjourned. Minutes submitted by Jackie Milschewski, City Clerk 08/20/2004 09:48 FAX 630 553 5764 DANIEL J. KRAMER 1002/003 /-1 1_,) 1 STATE OF ILLINOIS ) COUNTY OF KENDALL ) RESOLUTION NO.: EFSC)T 1TTC)N RFC,OMIVTENDINC:TNR T TPI)ATTNG OF WARD TN THE TINITED CITY OF YORKV1TLE TO THF, COT INTY CI.FRK OF THE C()11NTY OF KPNT)ALT, WHEREAS, the UNITED CITY OF YORKVILLE is experiencing substantial growth; and WHEREAS, the UNITED CITY OF YORKVILLE after careful consideration by the Mayor and City Council,has determined that it is in the best interests of the community to recommend updating the existing wards of the United City of Yorkville to include territories that have been annexed to the United City of Yorkville; and WHEREAS, there is both a Constitutional and Statutory duty of the City to provide a recommendation to update the existing wards of the United City of Yorkville to the County of Kendall County Clerk; NOW BE IT RESOLVED THAT THE UNITED CITY OF YORKVILLE hereby recommends to the County of Kendall the updating of existing wards as set out in the ward map dated August 24, 2004 on file with the United City of Yorkville Clerk. PASSED AND APPROVED this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 08/20/2004 09 48 FAX 630 553 5764 DANIEL J. KRAMER @j 003/003 MAYOR ATTEST: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 fr) 't LaSalle Lank National Association, successor trustee IT EASEMENT AGREEMENT THIS AGREEMENT, entered into this day of , 2004, by and betweenmerican National Bank and Trust Company of Chicago, as Trustee gad not peroorgly under Trust Agreement dated 4/1/90 and known as Trust No. 110714-04, (hereinafter referred to as "Grantor"), MPI-2 Yorkville Central, LLC, a Illinois Limited Liability Company, (hereinafter referred to as "Developer"), and UNITED CITY OF YORKVTJ LE, an Illinois municipal corporation, (hereinafter referred to as "Grantee"). WITNESETH : WHEREAS, Developer desires to construct a storm sewer, with appurtenances thereto, through and across the land of the Grantor. WHEREAS, Grantor desires the installation of sanitary sewer extensions and water mains on its property for future connection by Grantor. WHEREAS, Grantee is a municipal corporation charged with the acquisition, construction, and maintenance of certain public utility systems, as well as obtaining certain easements across private properties for construction and maintenance of such systems and appurtenances thereto. WHEREAS, Grantor agrees to grant Grantee public utility and storm water easements for the purpose of the installation, maintenance, repair and replacement of various storm water and utility facilities, as well as the transmission of energy, the collection for wastewater and stormwater, and the distribution of potable water. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Developer to Grantor, the sufficiency of which is hereby acknowledged by the Grantor, it is mutually agreed between the parties as follows: 1. Grant of Easements. The Grantor does hereby grant and convey unto the Grantee, its successors and assigns, a 20 foot wide permanent non-exclusive public utility and drainage easement for the purpose of constructing, operating, inspecting, repairing and replacing, a storm water drainage line and necessary appurtenances in, upon, under, along, across and through the real estate described in Exhibit"A" hereto (hereinafter referred to as "Permanent Easement #1), and further, Grantor does hereby grant to the Grantee, its successors and assigns a 20 foot wide temporary construction easement adjacent to said Permanent Easement#1, as shown and described on Exhibit "B" hereto (hereinafter referred to as Temporary Construction Easement #1), for the purpose of constructing said storm sewer and necessary appurtenances thereto. Further, Grantor does hereby grant and convey unto Grantee, its successors and assigns, a 15 foot wide permanent non-exclusive easement along Kennedy Road for the purpose of constructing, operating, inspecting, repairing and replacing, sanitary sewer, water main and other public utilities and necessary appurtenances in, upon, under, along, across and through the real estate described in Exhibit "C" hereto (hereinafter referred to as "Permanent Easement #2), together with a 15 foot wide temporary construction easement adjacent to said Permanent Easement #2, as shown and described on "Exhibit "D" hereto (hereinafter referred to as "Temporary Construction Easement#2) for the purpose of constructing said sanitary sewer, water main, other utilities and necessary appurtenances thereto. 2. The Grantor further grants to Grantee and Developer, or any of its officers, agents, representatives, employees, or assigns the perpetual right, privilege and authority to enter upon the easement premises, either by vehicle or on foot to survey, construct, reconstruct, test, repair, inspect, maintain, renew, operate and patrol its various utility, transmission and distribution systems, together 107063'3 with any and all necessary manholes, ductbanks, mains, valve vaults, hydrants, catch basins, connections, appliances, appurtenances, and other structures located on the easement premises now or in the future, for the purpose of serving all of the areas described in the exhibits hereto as well as other property, whether or not contiguous thereto, together with the right of access across Grantor's property for necessary workers and equipment to do any of the required work. 3. This grant of easement shall be subject to the conditions that: (a) No permanent structures or buildings shall be constructed or placed on the easement premises, except where explicitly designated as a "Temporary Construction Easement", in which case no permanent structures shall be constructed until the expiration date of such temporary easements has lapsed. (b) Grantor may use the easement premises for agriculture, gardens, shrubs, landscaping and other purposes that do not then or later conflict with the aforesaid uses or rights. (c) Grantee shall also have the rights to cut down, trim, or remove trees, shrubs, or other plants on the easement premises that interfere with the operation or use of its utility systems. (d) All construction by any entity within the easement premises shall be performed in accordance with the various requirements of the ordinances and regulations of Grantee. (e) The premises in which the easement is granted are being utilized by Grantor for a golf course and the:parties expressly acknowledge the continued use thereof. Access for Grantee's purposes in accordance with the terms of Paragraph 2 shall be made only on the condition that they shall not unreasonably interfere with the use of the golf course by the Grantor, under 107063/3 such access times and conditions that such usage shall not be impaired. (f) Developer is restricted in the construction of the improvements as provided in the easement recited above to perform the work only on Mondays and Tuesdays, and shall complete the project within six (6) working days. Any excess working time required to complete the project barring acts of God shall require Grantee to reimburse Grantor for potential adverse impact on the Grantor's premises in the sum of $500.00 per working day. 4. The above notwithstanding, Grantee and Developer, or their designees, shall, upon completion of any work authorized by this grant, restore the easement premises to the same condition that existing prior to the beginning of the work. 5. The Temporary Construction Easements shall expire upon the completion of the construction of the storm sewer drainage easement, or the sanitary sewer extension and water main installation, respectively, or March 15, 2005, whichever comes sooner. 6. Developer and Grantee shall procure and maintain during the duration of the construction comprehensive general public liability insurance in an amount of not less than $1,000,000.00. Such insurance shall name Grantor as an additional insured. 7. Developer and Grantee agree to keep the easement premises free from mechanics liens in conjunction with the construction of the storm sewer, sanitary sewer, water main and other public utilities therein. 8. The Permanent Easements are subject to any and all existing easements of record as of the date of this Agreement. 107063/3 9. A. As further consideration for the grant of easement herein, Developer acknowledges that Grantor intends to file a petition for annexation of a portion of its real property with Fox Metro Water Reclamation District. Developer agrees to pay Grantor the sum of $40,000 immediately upon execution of this agreement, which shall be used by Grantor toward annexation fees and attorneys fees associated with the Fox Metro annexation. B. Developer shall also install at its own expense sanitary sewer extensions and manholes at an elevation on Grantor's property, to be located at the north entrance of Grantor's parking lot in accordance with plans prepared by Cowhey, Gudmunson & Leder, Ltd. Dated September 19, 2003 and last revised December 14, 2003 (attached as Exhibit "E"). C. As part of the water and sanitary sewer improvements contemplated herein, Developer shall provide two water stubs and one sanitary stub to the Grantor's site at locations agreed upon by Developer and Grantor. Developer agrees to have completed all work as provided in this Paragraph on or before March 15, 2005, or such other date as agreed upon between Grantor and Developer. 10. The parties agree that the storm sewer easement created by this agreement may be relocated in the future to accommodate improvements to Grantor's property, provided the parties agree on the relocation site, all applicable local government codes and regulations are adhered to, and the party seeking the relocation assumes full responsibility for all costs associated with the relocation. All other terms and conditions of this agreement shall remain in full force and effect following any relocation, including responsibility for site restoration. 107063/3 11. This instrument contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect, and modifications to this Agreement must be in writing and must be signed by all parties to this Agreement. 12. This easement and the promises contained in this Agreement shall be a covenant running with the land and shall be binding upon the Grantee, the Grantor, the Developer and any of their lessees, successors in interest, heirs, devisees and assigns from and after the date of execution by the parties hereto. 13 The laws of the State of Illinois shall govern the terms of this Agreement both as to interpretation and performance. 14. The parties to this Agreement expressly agree that in the event a dispute occurs between the parties hereto and litigation ensues, the losing party in such litigation shall reimburse the prevailing party all attorney's fees and expenses. 107063/3 Lahti Sank National Association, successor trustee `.J-e IN WITNESS WHEREOF, the parties set their hands and seals as of the date first written above. GRANTOR: irAmerican National Bank and Trust Company of Chicago, as Trustee under Trust Agreement dated 4/1/90 an I known as Trust No. 110714-04 pnay This instrument Is executed by LASALLE BANK National Association,not Title: •, . illir personally but solely as Trustee,as aforesaid,in the exercise of the power and authority confu_d upon and vested in it as s.: iTrust,.e.lJf the terms, provisions, c cr,n 10 b =formed by By: railer!not re ,` d by L<SA a 1r+s,-aa, i.t if Q Clciion as `.r r n�, wnmFade Title:Bylaw on n << Y,and no per- soo.a iabli i}..i1„!!be .c.. „ mo t ago iia LASALLE BANK STATE OF ILLINOIS ) National Association by reason of any of the terms, provisions, stipulations covenants and/or statements contained in this instrument &-,,0 SS. COUNTY OF k ) I, the undersigned, a Not Public in and for said County, in the State aforesaid DO HEREBY CERTIFY, thURDES MAR,d iAErust Officer of - -and -•- ! ' -• of saidti`s' °'`;t pe sonali known f me to be the same persons whose names are subscribed to the foregoing instrument as such Trust Officer -c • • respectively, appeared before me this day in person and acknowledged that they swore to, signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Company, for the uses and purposes therein set forth. Given under my hand and official seal this bpi- day of „_ , 2004. "OFFICIAL SEAL" — ' ` '= t. 16- / PATRICIA L. ALVAREZ Notary Public NOTARY PUBLIC STATE OF ILLINOIS'', M Commission Expires 10/12/2004', 107063/3 GRANTEE: United City of Yorkville By: Title: By: Title: STATE OF ILLINOIS ) ) ss COUNTY OF ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that , of the United City of Yorkville, and , of the United City of Yorkville, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, as such and appeared before me this day in person and acknowledged that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this - day of , 2004. Notary Public 107063/3 DEVELOPER: MPI-2 1 ille Cent , C, an Illinois Limited Liability Company I By: .'/./aJ ' " Title: / By: Title: STATE OF ILLINOIS ) nA )SS. COUNTY OF - f In, ) I, the undersigned, a Notary Public in andor said County, in the State aforesaid, DO � HEREBY CERTIFY that - 2. :'ersonally known to me to be the V w of MPI-2 orkville 'entral, LLC, an Illinois Limited Liability Company and personally known to me to be the of said liability company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the and they signed and delivered the said instrument, as their free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, this .Lu day of , 2004. Commission expires: (o - L b — 0 7 )v1a . ary Public "OF FICIAL SEAL" MARGARET A. DUDEK NOTARY PUBLIC STATE OF ILLINOIS My Commission Expires 06/26/2007 107063;3 EXHIBIT "A" Proposed Utility Easement # 1 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 509.73 feet to the Place of Beginning; thence South 04 degrees 48 minutes 21 seconds East along said centerline of Kennedy Road a distance of 20.07 feet; thence South 90 degrees 00 minutes 00 seconds West 50.34 feet; thence North 89 degrees 01 minute 37 seconds West 448.52 feet to the edge of Blackberry Creek; thence North 10 degrees 09 minutes 59 seconds East along said edge of Blackberry Creek 20.26 feet; thence South 89 degrees 01 minute 37 seconds East 445.12 feet; thence North 90 degrees 00 minutes 00 seconds East 48.48 feet to the Place of Beginning; said Parcel of land herein described contains 0.2278 acre, more or less, all in Kendall County, Illinois. EXHIBIT "B" Proposed Temporary Construction Easement #1 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 489.66 feet to the Place of Beginning; thence South 04 degrees 48 minutes 21 seconds East along said centerline of Kennedy Road a distance of 60.21 feet; thence South 90 degrees 00 minutes 00 seconds West 52.19 feet; thence North 89 degrees 01 minute 37 seconds West 450.16 feet to the edge of Blackberry Creek; thence North 05 degrees 10 minutes 05 seconds East along said edge of Blackberry Creek 20.05 feet; thence North 10 degrees 09 minutes 59 seconds East along said edge of Blackberry Creek 20.26 feet; thence North 01 degree 19 minutes 50 seconds West along said edge of Blackberry Creek 20.02 feet; thence South 89 degrees 01 minute 37 seconds East 445.75 feet; thence North 90 degrees 00 minutes 00 seconds East 46.63 feet to the Place of Beginning; said Parcel of land herein described contains 0.6840 acre, more or less, all in Kendall County, Illinois. EXHIBIT "C" Proposed Utility Easement # 2 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of"the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 926.61 feet to the Place of Beginning; thence South 04 degrees 48m.inutes 21 seconds East along said centerline of Kennedy Road a distance of31 .00� eet; thence South 85 degrees 11 minutes 39 seconds West 45.00 feet; thence North 04 degrees 48 minutes 21 seconds West 31.00 feet; thence North 85 degrees 11 minutes 39 seconds East 45.00 feet to the Place of Beginning; said Parcel of land herein described contains 0.0320 acre, more or less, all in Kendall County, Illinois. EXHIBIT "D" Proaosed Temporary Construction Easement #2 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 882.61 feet to the Place of Beginning; thence South 04 degrees 48 minutes 21 seconds East along said centerline of Kennedy Road a distance of 75.00 feet; thence South 85 degrees 11 minutes 39 seconds West 75.00 feet; thence North 04 degrees 48 minutes 21 seconds West 75.00 feet; thence North 85 degrees 11 minutes 39 seconds East 75.00 feet to the Place of Beginning; said Parcel of land herein described contains 0.1291 acre, more or less, all in Kendall County, Illinois. EXH1t3IT "E" Proposed Temporary Construction Easement #3 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 1,854.41 feet to the Place of Beginning; thence South 04 degrees 48 minutes 21 seconds East along said centerline of Kennedy Road a distance of 11.43 feet; thence South 03 degrees 43 minutes 18 seconds East along said centerline of Kennedy Road a distance of 63.57 feet; thence South 86 degrees 16 minutes 42 seconds West 40.00 feet; thence North 03 degrees 52 minutes 59 seconds West 74.24 feet; thence North 85 degrees 11 minutes 39 seconds East 40.00 feet to the Place of Beginning; said Parcel of land herein described contains 0.0687 acre, more or less, all in Kendall County, Illinois. Proposed Utility Easement # 3 That part of the Northwest Quarter of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right-of-way line of the Burlington Northern Railroad with the centerline of Kennedy Road; thence South 04 degrees 48 minutes 21 seconds East on an assumed bearing along said centerline of Kennedy Road a distance of 1 ,865.84 feet; thence South 03 degrees 43 minutes 18 seconds East along said centerline of Kennedy Road a distance of 16.07 feet to the Place of Beginning; thence South 03 degrees 43 minutes 18 seconds East along said centerline of Kennedy Road a distance of 20.00 feet; thence South 86 degrees 16 minutes 42 seconds West 40.08 feet; thence North 02 degrees 38 minutes 57 seconds West 20.00 feet; thence North 86 degrees 16 minutes 42 seconds East 39.70 feet to the Place of Beginning; said Parcel of land herein described contains 0.0183 acre, more or less, all in Kendall County, Illinois. cf, I WM •�• 0.*,..._ 24" STORM OUTFALL , 't-y'I t ' (.,..,...„-- ,4, C a • �� -- M\••-1 11 O I a a INIII►�;;',�� lliall • PROPOSED 60' CONSTRUCTION EASEMENT-' : \'t I i 1, ` ` +r� PROPOSED 20' UTILITY EASEMENT if �; j j : oa �aII. 0j , - II ' `I t. � , \4 ' i 1 ' 't GRANDE *f..* �,�, % © i I \ RESERVE �� _-��'_ _ ��♦,� ) ,1.7 t N H 6 #..14 p t. i PROPOSED 75'x75' 1 , 1 t 1I I �� ��I� WI** %CONSTRUCTION EASEMENT�r �1 I I \ �`jj1,�i 8" SANITARY & Cl_ . �� - 6" WATER STUB ...-7:7•"....-7:7•". L_ 0-• 1 . G _' I i I / 1. � PROPOSED 31'/WIDE EASEMENT ; \11\1 _ I j ' _ ,.(1.___. •••• 1 �I;1 •Si�y►i�y'� � II �• I NORTH GOLF COURSE I 1 (ice ENTRANCE i` \1ill ' 500 i ; ' �--I5C<>, n r .� 1 LI z �t I I GRANDE G i II I I • . RESERVE oil t 1 \• 0 v NH 16 50 o ; III 111 ,1 \ I MO 1I�11,1 • BLACKBERRY OAKS )�) ',I li ' 50C\ GOLF COURSE '1\ I, I I , lc 11111 I • . 504• i 1\ t i(OUTLOT) ' 1 1 I OPEN SPAC II I I '' ' t 500 � ry . x1 1 1 \ II�\\ ..'( I 1 507 50' 1 I t 1t� l 508 1 �' j1 PROPOSED 20' UTILITY EASEMENT j ; .0 1 II ` 509E:7 088 I 6" WATER STUB . ,, 1 I PROPOSED 75' CONSTRUCTION EASEMENT x1 'I I I I II , I 5100 O ,I� - 1 ' n587 11 I 511` x. ll: , 1 July 21, 2004 4:25:56 p.m. AcadVer:15.06 Drawing: F:\CADD\2807.16\312\FINAL\GCEASEMENT071904.DWG (138) © COPYRIGHT 2004 Plotted Xrets: 2807topo.DWG 2807_7bosel.DWG 2807bikepoth.DWG OHM COWHEY BLACKBERRY OAKS / GRANDE RESERVE FIGURE NO. I MO GUDMUNDSON STORM OUTFALL & UTILITY SERVICE PROJECT NO. 2807.00 MEM LEDER,LTD. DATE 7/19/04 300 PARK BOULEVARD 70 EAST LAKE STREET EASEMENT EXHIBIT ITASCA, ILLINOIS 60143 CHICAGO. ILLINOIS 60601 SCALE 1"=200' (630) 250-9595 (312) 782-8549 DRAWN BY : BRU CONSULTING ENGINEERS • LAND SURVEYORS NATURAL RESOURCES CHECKED BY : BRU L 11. NORTH ' , I' 1 1 ' , 1\ 1 ; � I; \., , 1 I ' ; I 1 1 1 ; , , , , \', I I1\ \ ; 1 tl , 1 , 1 I 11 11 t 1 I *I \ 1 1 I 1 I x~1{1 ' I ', I 1 t I I '. 1 , 1 ' , 1 ' r I I, ' Id 1 --1 er,.� 24" STOW OUTFALL ,.� ; 1 `, 1 ' -', ; � .w;�A I , 1 %, _ 1 0 MOOMS al 1• 71 \ IF.y w1 !•n ;1 , 1 1 I ; 1 1: I I \ i1 OPOSED 60' CO\ STUCTION EASEN -NT '�I It I , 1 I P.RODOSED 20' UTILITY EAS- vE\ T '1 `, 1 It I I I 1 ; ; k 11 t ' ' 1 1I 1 I 1 i` ; XI , \, I, ;' 1 , 1 II ; I I 1 1 1 11 I 1 1 I It ; 1 4! 1 / 11 ; 1 11 July 21, 2004 4:24:11 p.m. AcadVer:15.06 Drawing: F:\CADD\2807.16\312\FINAL\GCEASEMENT071904.DWG (138) © COPYRIGHT 2004 Plotted Xrefs: 2B07topo.DWG 2807_7basel.OWG 2807bikepoth.DWG /■■■ COWHEY BLACKBERRY OAKS / GRANDE RESERVE FIGURE NO. 121110 GUDMUNDSON NORTH STORM OUTFALL PROJECT NO. 2807.00 MOMLEDER,LTD. DATE 7/19/04 300 PARK BOULEVARD 70 EAST LAKE STREET EASEMENT EXHIBIT ITASCA. ILLINOIS 60143 CHICAGO. ILLINOIS 60601 SCALE 1 =100 (630) 250-9595 (312) 782-8549 DRAWN BY : BRU CONSULTING ENGINEERS • LAND SURVEYORS NATURAL RESOURCES CHECKED BY : BRU L �. • �, ,�� CENTRAL 1\, �i \ \ \ 1.1 ti ;' ; I t 1 , i ; I I 1 ; 1 I 1 1 ,I I 1 . GA ' 1 SES ,i i ` I I t 11 1 `®1 ---7-r—\ 1 1 \ H ' OPOSED 75 x75I, 1 I I i � • CO\ STUCTIO\ EASEVE\ T � -�t ;, ' 1 • , ; I 1 h 1 I t 1 1 r • 8" SA\ ITAY & x''/ ' 'I t) 6" WATER STUB I \ \ \ - 1i • cr-------- „ , \ , - . __.— � r ' 1IPROOSE3 31 ' WIDE EASEvE\ T /\hl \ \ \ \ ! 'I I IX , ' ; II 1 ' ;1 ,iI 1 G� � Igli \ OTH GOLF COJPSE ; iCyledi E\ TANCE ; , I ' \•<\ � � I � I 1 , ; ; I I / z it ; , ', 1 , z < ; I ' G. I I I I sl 1 I �r so<t I I ', I II I.1 \ FEKE 1 \ ,, 1 \ \ 0 j t f; II ; I t: 1 D X, ; I I • o \\ \ \ \ \ I X. II 1 1 July 21, 2004 4:26:26 p.m. AcadVer:15.06 Drawing: F:\CADO\2807.16\312\FINAL\GCEASEMEN T071904.OWG (138) © COPYRIGHT 2004 Plotted Xrefs: 2807topo.DWG 2807_7basel.DWG 2807bikepath.DWG /■■■ COWHEY BLACKBERRY OAKS / GRANDE RESERVE FIGURE NO. 1 ■J GUDMUNDSON CENTRAL UTILITY SERVICE PROJECT N0. 2807.00 MS. LEDER,LTD. DATE 7/19/04 300 PARK BOULEVARD 70 EAST LAKE STREET EASEMENT EXHIBIT ITASCA, ILLINOIS 60143 CHICAGO, ILLINOIS 60601 SCALE r=100' (630) 250-9595 (312) 782-8549 DRAWN BY : BRU CONSULTING ENGINEERS • LAND SURVEYORS NATURAL RESOURCES CHECKED BY : BRU L II ;i I 1 . SOUTH I l I \ \.: it , I 11 I ; ' I 1 (0 xI \ I OP: , \ ; II ' ' 1 1 1 I • II 1 I 11 ' ' 1 II , I1 • II I I 1 1 ' I . I ' , I. ,, ' I ; 1 I 1 11 1 I I 1 , I ; !I 11 I 1 1 I tt , 1 11 ' 1 PROPOSED 20' UTILITY EASEvE\ T II ;, I `, 1 ry} "1 -0-I 1 I , ■ 6 " WATER ST�, 3 ■ rli J1 ; I 1 1' 1 11 ; I I 1 I 1 1 PROPOSED 75' CONSTRUCTIO\ EASEVE\ T A � � `, 1 '1, . it x, 1 ; 1 I ; 1 1 XI '; I 1 1 11 I I G I , I I 1 X1 III ' I 1 I ' 1\ ill \ Il i I I ; 1 1 1 1 1 1 II' 1 1 ; I I i I 11 I I 111 1 ' 1 I 1 ' 1 I I it ; 1 1 1 x, , ; I I. July 21, 2004 4:26:48 p.m. AcadVer:15.06 Drawing: F:\CADD\2807.16\312\FINAL\GCEASEMENT071904.DWG (138) © COPYRIGHT 2004 Plotted Xrefs: 2807topo.DWG 2807_7basel.DWG 2807bikepath.DWG MIR COWHEY BLACKBERRY OAKS / GRANDE RESERVE FIGURE NO. 1 ■O GUDMUNDSON SOUTH UTILITY SERVICE PROJECT NO. 2807.00 1O ■ LEDER,LTD. DATE 7/19/04 300 PARK BOULEVARD 70 EAST LAKE STREET EASEMENT EXHIBIT ITASCA, ILLINOIS 60143 CHICAGO, ILLINOIS 60601 SCALE r=100' (630) 250-9595 (312) 782-8549 DRAWN BY : BRU CONSULTING ENGINEERS • LAND SURVEYORS NATURAL RESOURCES CHECKED BY : B R U L 4,0 co).. Jft • United City of Yorkville ESTftV Maw 1836 County Seat of Kendall County Arthur F Prochaska, Jr: 800 Game Farm Road Mayor Ii 77" Yorkville,IL 60560 Phone: 630-553-4350,ext. 8519 Fax: 630-553-7575 September 10, 2004 TO: City Treasurer Bill Powell !' Finance Director Traci Pleckham RE: Tax Levy Ordinance Schedule CC: City Council, Staff 1. Prepare Draft Proposed Tax Levy for Review: October 29, 2004 2. Administration Committee: November 4, 2004 3. Committee of the Whole: November 16, 2004 4. City Council: November 23, 2004 5. Publication Notice in Kendall County Record: December 2, 2004 6. Public Hearing and vote at City Council: December 14, 2004 7. Filing at Kendall County Clerk's Office: December 15, 2004* *By State Statute,once the levy ordinance has been adopted, a certified copy must then be filed with the county clerk on or before the last Tuesday in December (December 28, 2004). What Municipal Officials Should Know About The Tax Levy Cycle Page 1 of 3 - Home Search Browse About IPO Staff Links IPO (9114) What Municipal Officials A Should Know About t } . The Tax Levy Cycle By STEVE McCLURE,Director,DCCA Over the next two months, most municipal officials will be discussing their revenue needs. Passage of the Tax Levy Ordinance, which must be in the hands of county clerks by the second Tuesday in December, requires that municipal governments carefully calculate property tax revenues needed to fund services. This month, I'd like to discuss the tax levy process and statutory requirements for municipalities during the tax levy cycle. To calculate the tax levy, municipal officials must determine the amount needed to fund services and the amount available from various revenue sources. The difference must be raised through property taxes and this amount is the tax levy. Since most municipalities operate on a May 1 through April 30 fiscal year, levying must be done for the following fiscal year, since most if not all of this revenue is not received until the months of July and October. Most municipalities find that they must set their appropriation or budget ordinance a bit higher than may actually be needed. This is because the amounts levied are based on the potential expenditure requirements as expressed in the current fiscal year's appropriation ordinance, which may not be sufficient to cover needs in a subsequent year. (For further discussion, see my column in the May, 1990 issue). The municipal tax levy may consist of several levies. Aside from the widely imposed corporate levy for the general purposes of the municipal government, the monies raised from all other levies are restricted to specifically designated purposes, including audit, emergency services and disaster operations, firefighters'pension, fire protection, Illinois Municipal Retirement Fund, medicare, police officers' pension, police protection, school crossing guards, social security, streets and bridges, street lighting, general and liability insurance, unemployment insurance and workers' compensation. The audit, pension, medicare, social security and insurance levies are not limited by a statutory rate ceiling; the amount levied for these purposes should only be that amount sufficient to pay expenses for the specified purpose. The maximum rate limit set for certain levies may be increased by referendum. Of course, money levied for a specific purpose may only be spent for that purpose. Knowing what and how much your municipality can legally levy can help ensure adequate funding for http://www.lib.niu.edu/ipo/im901019.html 9/10/2004 What Municipal Officials Should Know About The Tax Levy Cycle Page 2 of 3 October 1990/Illinois Municipal Review/Page 19 services. However, to assure receipt of the amount levied, certain filing requirements with the county clerk should be met. Documents and statements that must be submitted to the county clerk during the tax levy cycle are: —Appropriation or Budget Ordinance. —Tax Levy Ordinance by the second Tuesday in December accompanied by a Certification of Tax Levy Ordinance with an original signature by the municipal clerk certifying the ordinance is true and correct and a Truth-in-Taxation certificate with an original signature by the presiding officer certifying compliance with or inapplicability of the Act. If your municipality has annexed property, the Annexation Ordinance along with a map or plat of the annexed property must be filed with the county clerk on or before the date the Tax Levy Ordinance is filed. This will allow the municipality to receive the tax revenue from the property owners in the annexed area in the next year rather than in two years hence. When an annexation causes a municipality's boundaries to extend into another county, the municipality should provide any bond ordinances to the county clerk's office into which the municipality annexed. The amount extended in taxes to pay the debt service on bonds is based on the bond schedule in the ordinance; not the levied amount. One additional filing requirement concerns the creation of a special service area. Effective January 1, 1990, Ch. 120, par. 1306.1, an ordinance establishing a special service area shall not take effect until a certified copy of the ordinance, containing a description of the territory of the area, is filed with the County Clerk's Office or the Recorder of Deeds. As well as the importance of complying with the filing requirements, a municipality should be aware that it will not receive the tax revenue levied, if any one of the following possible errors should occur when preparing the Tax Levy Ordinance. —the Truth-in-Taxation hearing was not held (can occur when the calculation to determine applicability is based on the prior year's levy rather than the extension for last year); —a specific levy produces a rate in excess of the legal maximum rate; —the municipality levies for the amount it assumes to be its share of the Township's or Road District's road and bridge tax levy; or, —if an amount is included for debt service on bonds in the levy which does not match what is required by the bond ordinance schedule. Concerning the above problem with computing applicability with the Truth-in-Taxation Act, municipal officials should also be aware that election costs, debt service, and public building commission lease levies are not part of the calculation to determine applicability with the Act. (The Act is applicable when the corporate and special purpose levies together exceed 105 percent of the extension for the preceding year.) http://wvvw.lib.niu.edu/ipo/im901019.html 9/10/2004 What Municipal Officials Should Know About The Tax Levy Cycle Page 3 of 3 And, for further information on authorized property tax levies, the Department of Commerce and Community Affairs has available a publication entitled the Illinois Tax Rate and Levy Manual. The manual lists 73 levies which non-home rule municipalities are authorized to impose to meet operating or capital outlay expenses and another 26 levies which are authorized to cover debt service costs for general obligation debt. • Page 20/Illinois Municipal Review/October 1990 Illinois Periodicals Online(IPO)is a digital imaging project at the Northern Illinois University Libraries funded by the Illinois State Library http://www.lib.niu.edu/ipo/im901019.html 9/10/2004 IMA YoC_ Mit DEPARTMENT OF PLANNING, BUILDING & ZONING THD coves" of KENDALL 111 West Fox Street • Room 316 Yorkville, IL • 60560 RY is, ia4i (630) 553-4141 Fax (630) 553-4179 FEBRU� 04-40 — Prairie Material Sales, Inc. et al Map Amendment A-1 to M-3 Hearing#TBD Hearing Location: Lisbon Community School—Lisbon, Illinois SITE INFORMATION PETITIONERS New Lenox State Bank, Trustee for Trust# 1291 —Prairie Material Sales, Inc —Keith C. Hosbach and Wendy E. Hosbach ADDRESS None assigned LOCATION Sherrill Road west of Route 47 TOWNSHIP Lisbon PARCEL# 08-33-400-002; 08-33-400-003; 08-33-400-004 SIZE 120.10 acres EXITING LAND USE Agricultural ZONING A-1 LRMP Agricultural REQUESTED ACTION Map Amendment changing the zoning map for the subject parcel from A-1 (Agricultural) to M-3 (Earth Materials Extraction, Processing and Site Reclamation) APPLICABLE Section 10.03 of the Zoning Ordinance (M-3 Earth Materials Extraction, REGULATIONS Processing and Site Reclamation) Section 13.06 of the Zoning Ordinance (Amendments) SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning LRMP Zoning within 1/2 Mile North Agricultural A-1 Agricultural A-1; B-3; M-1; M-2 South Agricultural Grundy County Grundy County Grundy County East Agricultural A-1 Agricultural A-1 West Agricultural A-1 Agricultural A-1 Petition# 04-40 Sherrill Road west of Route 47(Prairie et al) Page 2 of 8 REQUESTED ACTION GENERAL The petitioner, Prairie Material Sales, Inc., is requesting a Map Amendment changing the zoning designation of approximately 120 acres in Lisbon Township from A-1 (Agricultural)to M-3(Earth Materials Extraction, Processing and Site Reclamation).The purpose of this request is to construct and operate a limestone quarry on the site. The M-3 designation was specifically written for this kind of use, as there are no other zoning designations available for the proposed use. The M-3 is written as a specific, rather than a general,zoning designation in that subsumed in the ordinance language is a set of mandatory conditions that all applicants must follow. A copy of the M-3 language is included in the agenda packet. One of those conditions addresses the issuance of a mine operations permit. See the staff analysis for the request for further details. NRI Review of the NRI report, dated April 23, 2004, reveals the following: • 100% of the soils on the subject parcel are prime soils and the most agronomically productive. • 100% of the soils on the subject parcel are rated"severe" and have limitations for shallow excavations and local roads/streets. • A wetland does exist on the subject parcel. LESA Land Evaluation: 93 Site Assessment: 147 TOTAL: 240 LEVEL OF PROTECTION: Medium FACTORS EXISTING USES OF PROPERTY WITHIN THE GENERAL AREA Existing land uses within 1 1/2 miles of the subject parcel are depicted in Volume 1, Exhibit 1 — Land Use Aerial. The subject parcel is currently being used for agricultural purposes and all of the immediately abutting properties are in agricultural use. Overall, 92.5% of the general area is presently in agricultural use. The second most predominant land use in the general area is mineral extraction. This includes the Valley Run Stone and Central Limestone quarries located one mile northwest of the subject parcel. Commercial land use in the general area is limited to the Hogan-Walker/John Deere farm implement dealer located approximately 1/4 mile southeast of the subject parcel. Residential land use accounts for less than 1/2 of 1 % (0.5%) of the land usage in the general area. ZONING CLASSIFICATION OF PROPERTY WITHIN THE GENERAL AREA Existing zoning classifications within 1 1/2 miles of the subject parcel are depicted in Volume 1, Exhibit 2 — Zoning Aerial. The subject parcel is currently zoned A-1 Agricultural and is used for agricultural purposes. All of the immediately adjacent properties in Kendall County are zoned A-1 Agricultural and the adjacent properties to the south are zoned A Agricultural by Grundy County. Within the general area there are a variety of existing non-agricultural zoning districts that incorporate mineral extraction either as a legal nonconforming use or as a result of a court order. The Central Limestone quarry property is zoned M-2 Heavy Industrial. Mineral extraction is no longer permitted in the M-2 zoning district, so the Central Limestone quarry is operating as a legal nonconforming use. The Valley Run quarry is operational due to issuance of a Kendall County Circuit Court court order. Overall, there are 310 contiguous acres of land zoned (or court ordered) for mineral extraction in the general area. The only other zoning classification in the general area is a small B-3 designation at the northwest corner of Route 47 and White Willow Road. SUITABILITY OF PROPERTY FOR USES PERMITTED UNDER THE EXISTING ZONINC The subject parcel is zoned A-1 Agricultural, and is presently in row crop production. The property is currently used for crop farming, a permitted A-1 use. This suitability is evidenced by the high LE score of 93. Suitability for Proposed Use:Certainly a major aspect of suitability is the capacity and physical condition of the local road network to service the proposed use. The applicant has provided a road improvement plan [Volume 1, Tab 11] to the County. This report does not purport to say that this plan is adequate—only that the applicant is aware that will be an issue. The technical aspect of that plan will be addressed at the mining operations permit stage. Another aspect of suitability is the presence of wetlands on the parcel.Appropriate steps need to be taken in order to protect the wetland. The applicant has provided a plan to address wetland protection.This report does not purport to say that this plan is adequate —only that the applicant is aware that will be an issue. The technical aspect of that plan will be addressed at the mining operations permit stage. TREND OF DEVELOPMENT IN THE AREA The most prominent zoning changes that have occurred in the general area since the subject parcel was zoned A-1 has been the rezoning of over 310 acres of land for mineral extraction purposes. Otherwise, the trend of development has been generally stable with agricultural uses dating back to the 19th Century. CONSISTENCY WITH THE SPIRIT OF THE LAND RESOURCE MANAGEMENT PLAN It can be argued that the proposed use of the subject parcel is consistent with the LRMP. The County's objectives in the area of mineral extraction activities are as follows: • "Identify and conserve areas of mineral resources to assure continued availability of building and engineering materials." • "Require the development of plans for the implementation of mine[s]..." • "Protect prime mineral extraction areas from encroachment by incompatible uses." • "Protect other land uses from negative impacts of mineral extraction...through appropriate siting and adequate screening and buffering." These objectives anticipate the establishment of additional quarries in the County to address the aggregate needs of the County. Location of these quarries, out of necessity, is driven by the location of the deposits to be mined. According to the submittal documents, an estimated 60,000,000 tons of dolomite limestone are present under the subject parcel. It can also be argued that the proposed use of the subject parcel is inconsistent with the LRMP. Section 3.A.1 of the LRMP [p. 3-1] states the following planning G:/REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R Powers,AICP,Senior Planner Page 3 of 8 goals and objectives in the area of water: • "Maintain and enhance the chemical,physical and biological integrity of the county's surface and ground waters." • "Protect natural drainage areas,floodplains and wetlands to avoid costly man-made storm water projects and to protect associated habitats for both flora and fauna.Regulate development to insure that the quantity or rate of runoff does not increase from what currently occurs under natural conditions." Section 3.A.2 describes the County's objectives under land use: • "Prevent the disruption of the natural environment by allowing only those land developments and other human activities that exhibit sensitivity to the character and limitations of the natural environment." Section 4.B describes the County's objectives under regulatory techniques: • "Evaluate the need and effectiveness of regulations based on the potential for improving Kendall County's living, working and natural environments, not simply the protection of property value." TOWNSHIP: None received as of September 9, 2004. (Lisbon) ZPAC (07.06.04) Highlights from the July 6, 2004 ZPAC meeting on this petition: • Fran Klaas stated that Sherrill Road would need perpetual care with traffic coming in and out of the quarry. • Mike Waldron stated a concern about the potential impacts on Valley Run Creek, specifically where detained water would enter the creek and the rate of release. • Jason Pettit reiterated Waldron's concerns and also included potential impacts to the neighboring Aux Sable Creek on water quality and impacting on fish in the creek. • Sheriff Richard Randall raised safety concerns for the 47-Sherrill Road intersection, suggesting the installation of turn lanes and traffic lights there. Attorney Robert Britz introduced his team of experts present at this meeting, ready to answer questions if needed. He explained the operations of this proposed quarry stating this was an ideal site for this type of operation. He spoke of the impact on the neighboring area and addressed the issues of blasting, roadways, water, dust and drainage. He spoke of property values and the effect of the economy this site would promote. He feels they can put together a project that would be good for Kendall County that would not be harmful to the neighboring properties. Believing the quarry would affect this area, neighbor Arline Brue asked the board to think about the future potential growth that would be impacted. She also spoke of the traffic and safety concerns from Sherrill Road onto Route 47. Neighbor Gary Anderson spoke of water concerns and the impact on the surrounding wells. G:/REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R Powers,AICP,Senior Planner Page 4 of 8 Neighbor Henry Babson spoke of water concerns and with his involvement in Real Estate, the negative impact on their property values. In addition to the traffic, noise and dust, neighbor Robert Friestad spoke of his concerns of water, flooding, high PH in the soil, and damage to the crops. Neighbor Milford Bjelland spoke of his concerns of the dangerous truck traffic on Route 47. Subject to receipt of comments from Lisbon Township, this petition will be scheduled for the first KCRPC meeting after Lisbon Township has had its meeting. CONCLUSION A map amendment is a legislative act of the County Board.As such, the Board can weigh political considerations in the decision and is not 100% bound by a quasi-judicial findings process.This is especially important when the amendment changes the zoning designation to an industry-specific "M-3", since by granting the map amendment the Board is signaling it willingness to consider issuing the mine operations permit. If the Board feels the proposed use is reasonable, it should authorize the map amendment. The criteria for determining what is a reasonable use was established in two Illinois Supreme Court cases: Sinclair Pipe Line v. Village of Richton Park, 167 NE2d 406, and LaSalle National Bank v. County of Cook, 145 NE2d 65.As well, Kendall County Zoning Ordinance Section 13.06.F lays out the standards for review of a proposed map amendment. The petitioner has stated his case for the map amendment by responding to Section 13.06.F standards in Volume I, Tabs 6 and 8. To the best of my knowledge, the submittal did not include a LaSalle-Sinclair analysis. In order for the RPC to analyze both sides of the question, this report will present the case for denial of the map amendment using the La Salle-Sinclair factors as a guide. The LaSalle factors are as follows: • Existing uses and zoning of the property. An examination of the Kendall County Zoning Map and the Kendall County Land Resource Management Plan (LRMP) will show that the existing uses and the zoning of nearby property is almost exclusively agricultural. The only exceptions are existing mining operations and a small B-3 parcel at the northeast corner of Illinois Route 47 and Whitewillow Road. While the courts in Thompson v. Cook County Zoning Board of Appeals, 421 NE2d 285 found that a map amendment that rezoned a 176 acre tract of land from 40000 square foot lots to 10000 square foot lots was deemed reasonable [in spite of adjoining landowners complaints], that case dealt with gradations of residential zoning. To change the zoning designation for an agricultural-zoned parcel currently in production to an M-3 designation,even in the face of existing mining operations in the area, could be found by the courts to be far beyond "reasonable". • Extent to which property values are diminished by particular zoning restrictions.Certainly, any land that is zoned for earth extraction will always be more valuable than land zoned for agricultural use. Bear in mind that agricultural use is the lowest rung in the continuum of land uses, with M zoning the highest rung. No matter who the current property owner ultimately sells the property to, they will realize a capital gain. Moreover,the very thing that makes the property valuable is the underlying geology. Certainly the value of the underlying geology is what is driving the purchase price and it can not be disputed that if the seller sold the parcel for agricultural uses the price would diminish. Just because the G:/REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R Powers,AICP,Senior Planner Page 5 of 8 seller has found a buyer that will pay an inflated price for agricultural land does not mean that the buyer should be permitted to develop the land in a manner that is entirely inconsistent with contiguous land uses, zoning ordinances and local land use plans. • Relative gain to the public as compared to the hardship of the individual property owner. Prairie Materials would suffer no hardship whatsoever if the map amendment is denied. They do not own the property and would not be stuck with the property, unable to develop it as they wish. The seller would simply find another buyer, perhaps at a lower price as outlined above, but would suffer no significant hardship. However, the public would have to suffer with traffic congestion—both around the subject parcel and in the City of Yorkville—safety hazards, and a significant diminution in the quality and character of life they have come to know and expect in extreme southern Kendall County and extreme northern Grundy County. There would be no relative gain to the public. There is no evidence of need for a limestone quarry of this nature to service the community needs of Kendall County. An existing quarry, operating under a court order, needs to demonstrate a community need—a market—for additional aggregate in order to expand its operations. As of the date of this report, that demonstration has yet to be made in front of the presiding judicial authority. In Amalgamated Trust and Savings Bank v. County of Cook, 82 III. App. 3d 370, 37 III.Dec. 717, 402 NE2d 719, the court said: "Neighbors and property owners who purchased their property in reliance upon zoning restrictions and who objected to planned development because of additional traffic and people, accompanying noise and invasion of privacy, destruction of their view, depreciation in value of their homes and safety of their children were entitled to rely upon precepts that zoning classification will not be changed unless required for the public good." This case is directly applicable to the Prairie petition for a map amendment. There is no evidence to suggest that the limestone quarry is "required for the public good." The issues raised in the Amalgamated case are exactly the same as those raised by neighbors and property owners in Kendall and Grundy County. Clearly, the Prairie proposed use would bring hardship to the public, but a denial of the requested map amendment would cause no hardship to either Prairie or the sellers and allow for alternative proposals that would be mutually beneficial for the public and the seller. • Suitability of the property for the zoned purposes. Questions remain about disposal of residue water, traffic, and the reclamation plan submitted by Prairie Materials. There is no evidence to suggest that the property is not suited for agricultural production as it is currently zoned. It is instructive to consider the fundamental rationale for zoning ordinances and the fact that they are relied upon by property owners and prospective property owners. Stability, continuity, appropriateness and reasonable development are important factors. Certainly, no one has a right to expect the property to remain a cornfield forever, however, as articulated in the Amalgamated case, people do have a right to rely upon the fact that zoning ordinances, as well as land use plans and contiguous land uses will not change unless change is required for the public good. The Sinclair factors to be used in determining "reasonableness" are as follows: • The evidence or lack of evidence of community need for the use proposed.The petitioner states[Tab 8, p.4]"the population in Kendall,Grundy, LaSalle,Will, DeKalb, and Kane Counties will increase by 1,000,000 by the year G. /REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R.Powers,AICP,Senior Planner Page 6 of 8 2030 employment will increase by more than 5O0,00O...traffic will increase 76% by 2030 " The petitioner states that as a determination of need for the aggregate. However, there is no evidence in the submittal of any limestone quarries in Northeastern Illinois being closed; no evidence that the needs of the Kendall County community demand additional aggregate [see bullet point#3, above]; or that the existing use of the property in agricultural production is somehow not needed in Kendall County. The petitioner's definition of "community" appears to somewhat subjective and was defined to place the subject parcel in the center of that area. If the subject area was defined as Kendall, LaSalle, Grundy, Livingston,and Bureau Counties, it is suspected that the need for aggregate in that"community"would be much less. It is instructive to note that the growth levels of Kendall, Will, and Kane are much higher than Grundy, LaSalle, and DeKalb. It is also important to note that Will and Kane Counties are part of the Northeastern Illinois Planning Commission area--and Kendall is not included in NIPC's jurisdiction. The only objective community definition that makes sense is Kendall County. A single municipality or township would be too restrictive, and any broader definition is subjective.As indicated in Bullet Point#3, there has yet to be a finding that additional aggregate is needed in Kendall County. Based on that definition of"community",there is no evidence of need. • The care in which the community has undertaken to plan its land use development. Kendall County initially adopted a LRMP in 1994. Since that time it has been amended several times to reflect the evolving nature of the growth patterns in the County, and in response to the intensification of land uses within the municipalities in and near the County. In the current LRMP, two of the stated policy goals [p. 2-2] are (a) "While it is physically and economically feasible to farm and live a farm life, most residents prefer to see agricultural lands remain intact and protected from urbanization and penetration by non-agricultural activities" and "Protection of the County's rural character is critical to maintaining the quality of life within Kendall County." While it is true that there are other policy goals that would indicate a desire for additional employment opportunities, it can not be inferred that the County has no discretion in determining which employment opportunities are appropriate and in keeping with the image the County wants to project for itself. This is especially true when it relates to land use at entrances to the County,where the initial image of the County is burned into the memory of those entering its jurisdiction. There can be no question that the County has undertaken a thoughtful effort in keeping its LRMP up to date. Not only has the County planned its land use development with great care, it is abundantly evident that the map amendment proposed by Prairie Materials does not fit. There is nothing on the LRMP map that would indicate or allow anyone to predict that the subject parcel was intended to be used in a manner sought by Prairie. While it is true that existing aggregate quarries operate to the northwest of the subject parcel, and that there exists a vein of limestone underneath the subject parcel, it does not follow that the mere presence of aggregate automatically entitles a petitioner a property right to a zoning classification consistent with the extraction of said aggregate. Given the level of thought and foresight the County has given to its planning process, it can be reasonably deduced that a clear demonstration of need by County residents would need to found. In this case, there is none. • Does the restriction have a basis in public health,safety, and welfare? Absolutely. By the petitioner's own traffic study[Volume I, Tab 11, p. 9] there will be an additional 120 commercial vehicle trips each day of operation going through the City of Yorkville on Route 47. The stretch of Route 47 through G./REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R.Powers,AICP,Senior Planner Page 7 of 8 the City at the present time is clearly insufficient for the existing level of traffic and is a safety hazard to pedestrians and motorists and also presents dilemmas to emergency vehicles that need to cross the Fox River in order to respond to a call for service. Adding this level of heavy commercial vehicle traffic to an already clogged Route 47 clearly would be injurious to the public health, safety, and welfare. Another issue is the water levels of Valley Run Creek. There has not been a demonstration that flows into Valley Run Creek will not be increase. RECOMMENDATION PBZ staff will not issue a recommendation on this petition. ATTACHMENTS 1. Volumes I, II, III of the Application Submittals G:/REPORTS/2004/04-40/KCRPC 04-40(09.29.04) Prepared by Dale R.Powers,AICP,Senior Planner Page 8 of 8 09/09/2004 14 :23 FAX 630 553 5764 DANIEL J. KRAMER 12002/012 A Ho . - T United City of Yorkville County Seat of Kendall County �n6 600 Game Farm Road I• �� t� Yorkville, Illinois 60560 p ;llL,lIlrrti - p Phone:630-553-4350 Fax:630-553-7575 LLE \' September 9, 2004 Tony Graff, Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Dear Tony: Enclosed please find the documentation for the Cooper site acquisition. We have delivered the check and the original Deed to him, along with the original survey that EEI was able to get to us on late Wednesday, September 9, 2004. Jeff is going to advise his Tenant of our access to the property and we see no problem with commencing work next week. I don't know if you want to put the matter on for approval at the coming City Council meeting, or since we have paid them, if you want to go to COW first and then full City Council. In any event Cooper's are in agreement with the original deal that we negotiated and I have included the terms in the written Agreement, They have asked that Joe or Eric from Public Works supervise the improvement project and have asked that we place the dirt used on site from the pumping station to fill in two holes that are located in the property along Route 34 from the original sewer and water line project. Jeff stated that they are experiencing ponding in those two low spots that never occurred before that project and the Contractor never returned to repair. Let me know when you want me to take the matter to City Council. Very %-. our: L el' Daniel J. Kram Attorney at Law DJK:rg 09/09/2004 14 :24 FAX 830 553 5784 DANIEL J. KRAMER 007/012 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) BOOSTER PUMPING STATION CONVEYANCE AGREEMENT (COOP T NOW COMES COOPER HOME FURNISHINGS,INC.,hereinafter referred to as "COOPER" and the UNITED CITY OF YORKVILLE,hereinafter referred to as"CITY"who in consideration of the mutual covenants and conditions contained herein agree as follows: WITTNESSTH WHEREAS, the UNTIED CITY OF YORKVILE has undertaken a series of improvements to its public water supply system, including installation of water towers, extensive water mains, and the need for a booster pumping station in order to facilitate the expansion of the water system of the UNITED CITY OF YORKVILLE;and WHEREAS, COOPER is the owner of certain real property located in section 20 of Bristol Township, United City of Yorkville, Kendall County, Illinois,which will benefit from the improvements to the UNITED CITY OF YORKVILLE water system in that a booster pumping station will increase water pressure and the ability to service the subject property of COOPER; and WHEREAS, it has been determined by independent engineering review of Engineering Enterprises Inc, and the on-staff Engineer for the UNITED CITY OF YORKVILLE,Joseph Wywrot, that the installation of a booster pumping station on the real property described in the attached Exhibit"A" would be the optimum location for said booster pumping station in order to permit the connection of the existing UNITED CITY OF YORKVILLE water system with future public improvements to that system; and 09/09/2004 14 24 FAX 830 553 5764 DANIEL J. KRAMER 12009/012 WHEREAS,the underlying property owner,being COOPER, is willing to covey to the UNITED CITY OF YORKVILLE, the real property described in the attached Exhibit"A"for said water improvement: NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. The above contained recitals are incorporated in and are made a part of this Agreement as though set forth in full. 2. That COOPER shall execute a Deed to the UNITED CITY OF YORKVILLE conveying the real property described in the attached Exhibit"A". 3. That the UNITED CITY OF YORKVILLE shall simultaneously with said Deed pay COOPER the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00). 4. That for a period of twenty(20) years from the date of execution of this Agreement, the UNITED CITY OF YORKVLLE shall permit COOPER to have three(3) water hookups, and three (3) sanitary sewer hookups,benefiting the parcel of real property owned by COOPER in section 20 and section 29 of Bristol Township, in the UNITED CITY OF YORKVILLE, Kendall County, Illinois. Said hookup shall waive all fees payable to the UNITED CITY OF YORKVILLE for the three water hookups and sanitary sewer hookups as due the CITY at the time said hookups are requested, That CITY agrees that during the construction process to fill in two low lying areas with dirt, to make the areas level adjacent to Cannonball Trail, adjacent to the subject real property described in the attached Exhibit "A" in order to prevent flooding and ponding of water that has existed 2 09/09/2004 14 24 FAX 630 553 5764 DANIEL J. KRAMER fj 009/012 from a prior public improvement project when sanitary sewer and water was extended by Contractors from the UNITED CITY OF YORKVILLE. 5. That said earth work shall be done at the sole cost of the UNITED CITY OF YORKVILLE and shall be supervised by the City of Yorkville Public Works Department. 6. That CITY shall reimburse the Farm Tenant of COOPER, the sum of Four Hundred Dollars ($400.00)per acre for any crops damaged during the installation of the Booster Pumping Station. 7. The CITY shall construct the Booster Pumping Station and in substantially the • manner shown in the pictorial diagram furnished by Engineering Enterprises, Inc. to COOPER,and shall maintain the Booster Pumping Station in a sightly manner so as not to interfere with the valuation of the surrounding property owned by COOPER, 8. That the real property is being transferred subject to a right of reverter to Grantor, in the event the underlying real property was no longer used for water purposes and the Booster Pumping Station. 9. This Agreement shall be binding upon the successors and assigns of each party hereto. The hookups for water and sanitary sewer that are being granted by the CITY to COOPER at no charge, maybe assigned to a future owner or developer of the surrounding COOPER property. IN WITNESS WHEREOF the undersigned have executed this Agreement the date set opposite their name. 3 09/09/2004 14 24 FAX 630 553 5764 DANIEL J. KRAMER Z010/012 • COOPER HOME FURNISHINGS,INC. UNITED CITY OF YORKVILLE By: By: Arthur F.Prochaska, Jr.,Mayor Dated: City Clerk Dated; Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 4 09/09/2004 14 .24 FAX 830 553 5764 DANIEL J. KRAMER a011/012 . -_y. • pT4X 2(A p Do not write In th area. V{ This s ace is reserved for the CountyRecorder's Office use. • ;' ^' ;,r'r`-W, County: ~;` Illinois Real Estate , �`,j:j , Date: '''�� Transfer Declaration . Doc.No.: Please read the Instructions before completing this form.This form can be completed electronically at www,revenue,state,il.us/retd, Vol.: Step 1: Identify the property and sale information. 1 Vacant Land Cannonball Trail Page: Street address of property(or 911 address,II available) Bristol Received by: City or village Townshlp 2 Write the total number of parcels to be transferred. 1 9 Identify any significant physical changes In the property since 3 Write the parcel Identifying numbers and lot sizes or acreage.* January 1 of the previous year.r and write the date of the change. Parcel Identifying number Lot size or acreage (Mark with arr%') , a 0.3204 acres Demdlltion/darnage Additions ' Ma)orremodeling b - - ' _New construction __ - Other opacity): : . • c •• . Datd'bf significant change*. I d Mwnli i�ar Write additional parcel Identifiers and lot sizes or acreage In Step 3. 10 Identify only the Items that apply to this sale.(Mark with en-Xl 4 Data of deed/trustalocument: . 09 / 2004 a Fulfillment of installment contract—year contract Monet vaa< initiated*;` _.____ 5 Type of dead/trust document'(Marc with an-x..): _Warranty deed b Sale between related Individuals or corporate affiliates Quit claim deed _Executor deed Trustee deed c T Transfer of less than 100 percent interest' X Other(specify): Corporation Warranty • d_ Court-ordered sale* 6 Yes .x 'No Will the property be the buyer's principal residence?' e Sale In lieu of foreclosure 7 Yes X No Was the property advertised for sale or sold I Condemnation using a real estate agent?* g Auction sale ' 8 identify the property's current and intended primary use. h Seller/buyer is a relocation company Current Intended(Mark only one Item par column with an"X7 I Seller/buyer Is a financial institution*or government agency a X _ Vacant land/tot I Buyer Is a real estate Investment trust b Residence(singla-lardy,condominium,townhome,or duplex) k Buyer is a pension fund C Mobile home,residence I _ Buyer Is an adjacent property owner d.� Apartment building(e units cc less) Naar units: m Buyer la exercising an option to purchase* e_ , Apartment building(over a units) No.or unite: n Trade of property(simultaneous)' f .__. Office o Sale-leaseback g Retail establishment p Other(spsdty)': h Commercial building(epedry)*: Industrial building j Farm k Other(specify)*: -- Step — —Step 2: Calculate the amount of transfer tax due. • Note:Round Lines 11 through•17 to the next highest whole dollar.If the amount on Line 11 is over$1 million and the property's current use on Line 8 above is marked"e;"f;g, h, I, or"k, complete Form PTAX-203-A, Illinois Real Estate'Minster Declaration Supplemental Form A, 11 Full actual consideration' 11 $ 17,500 ,00 i 2a Amount of personal property included in the purchase' • 12a $ -0- 12b Was the.value of a mobile home Included on Unes 11 and 12a? . 12b _Yes X No , • :13 Subtract Line 12a from Line 11.This is the net consideration for real property. • '13 $ 17,500.00 14 Amount for other real property transferred to the seller(In a simultaneous exchange) • -0- as 0_as part of the full actual Consideration on Line 11* 14 $ 15 Outstanding mortgage amount.to which the transferred real property remains subject*. 15 $ -0- 16 If this transfer is exempt,use an"X"to Identify the provision. 16 X h k m • 17 Subtract Lanes 14 and 15 from Line 13.This Is the net consideration subject to transfer tax. 17 $_ 18 Divide Line 17 by 500.Round the result to the next highest whole number(sap.,81.002 rounds to 82). 18 19 Illinois tax stamps-multiply Line 18 by 0.50. 19 $ 20 County tax stamps—multiply Line 10 by 0.25. 20 21 Add Lines 19 and 20.This Is the total amount of transfer tax due. 21 $ *See Instructions. This form is authorized Irl acoordanoe with 35 ILCS 200131-1 of seq.Disclosure of this Information PTAX-209(R-7/00) is REQUIREDZ.This form has been approved by the Forms Management Center. IL-492.0227 Page 1 o14 09/09/2004 14 24 FAX 330 553 5734 DANIEL J. KRAMER a 012/012 • • Step 3: Write the legal description from the deed.Write,type(minimum 10-point lent required),or attaoh the legal description from the deed.If you prefer,submit an 81/:"x 11"copy of the extended legal description with this torm.You may also use the space below to write additional parcel identifiers and lots sizes or acreage from Step 1,Line 3. THAT PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG THE WEST UNE Of THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP AND RANGE AFORESAID, 425.15 FEET TO THE CENTERLINE OF U.S. ROUTE NO. 34•; THENCE EASTERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 95 DEGREES 41 MINUTES 25 SECONDS MATH NE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2059.30 FEET TO THE CENTERLINE EXTENDED SOUTHERLY OF CANNONBALL TRAIL; THENCE NORTHERLY ALONG TME CENTERLINE OF SAID CANNONBALL TRAIL, WHICH FORMS AN ANGLE OF 106 DEGREES 47 MINUTES 23 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM. 1816.44 FEET TO THE NORTHWEST CORNER OF OAK KNOLLS SUBDIVISION; THENCE CONTINUING NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 180 DEGREES 26 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 746.59 FEET FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A UNE WHICH FORMS AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS WITH SAID CENTERLINE, MEASURED CLOCKWISE THEREFROM, 140.00 FEET; THENCE SOUTHERLY ALONG A UNE WHICH FORMS AN ANGLE OF 85 DECREES 30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM AND PARALLEL WITH SAID CENTERUNE, 100.00 FEET; THENCE EASTERLY ALONG A UNE WHICH FORMS AN ANGLE OF 94 DECREES 29 MINUTES 17 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM. 140.00 FEET TO SAID CENTERLINE; THENCE NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF e5 DEGREES .30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 100.00 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP. KENDALL COUNTY, IWNOIS. Step 4: Complete the requested Information. . The buyer and salter(or their agen ) ereby ly Ile ba their knowledge Dedet the f ul aoplal consideration and ed In INB are. :and•• .--Ir �hla renaed6on trlwlvveg6Qsee+red e�iocd GotinN1tiehuyer tanso9ltar/coni r pants oottoo r vert that to ursbeat of tbelr o , e d• = • at,• onthedeed a sae nmertl Wben cl st Wainer Salter a netgI erbon>an ullal�t�s oorp�retron br brgNrpnviltiRraiscriegr ration toor •• ro ariaWreal stale til a Partners s to orecquItS agn�q, ollro atiot raeel,;esttaate h7Iir ts,or oth�°eerrsing to••'• et' !Alit; Y4i ro fre l 4} uandsr wseremofImnO Genii offer.. 4 -vone ��stytatMea'. • .of grantee n1y ems toile ° nso rr0• A misdemearnr br eu shat QUI of a ass senor lor the Prat offense and of a A misdemeanor ou equen Seller Information(Please print.) • Cooper Home Furnishings sellers of trustee'a name Selter'e trust number(if applicable) • Street address(atter sate) Chy state ZIP • ( Sellers pr agent's signature sellers daytime phone Buyer Information(Please print.)) United City. of Yorkville 6uyors or trustee's name Buyers Oval number(tf(*plicable) 800 'Came Farm Road Yorkville,' IL 60560 • Street address(alter sale) Gly State MP ( •.630 ) 553-4350 Buyers or agent's signature Buyer$Oayprrte phone Mall tart bill to: United City of Yorkville -. 800 Came Farm Road, Yorkville, IL 60560 Name or company Street address City • Stale ZIP 'Preparer Information(Please print_) Attorney Daniel J. Kramer. Preparers and company's name • Preparers ale number(M applicable) • .1107A S. Bridge Street . Yorkville, IL 60560 Street address - . City State ZIP • • ' ( 630 ) 553-9500 Prepararls signature Preparer's deyllme phone Preparers e-rna$address(It available) . (dentlfy any required documents submitted with this form.(Mark With an no Ext. ended legal description Form PTAX-203-A • Itemized list of personal property To be completedby the Chief County Assessment Olficer 1 _ _ 3 Year prlb�to sale — — �County Township —Class Cook-Minor Code I Code 2 4 Does the sale involve&mobile home assessed as 2 Board of Review's final assessed value for the assessment year real estate'? — Yes — No prior to the year of sale. 6 Comments Land , _ � -_._ , - - - - - Buildings T _ TOtal ____ — ' — ___ — ' - --- - • - -- - To be completed by the Illinois Department of Revenue lab number Full consideration ____ , •_ - , _ - , a , A*5ted conaldere don , –___ — — , , Page tot a. PTAX-2o3(R•7/001 09/09/2004 14 23 FAX 630 553 5764 DANIEL J KRAMER Z 003/012 CORPORATION WARRANTY DEED THIS INDENTURE WITNESS TO that the Grantor: COOPPER HOME FURNISHINGS C 0 yo a Corporation duly organized and existing under and by virtue of the Laws of the State of Illinois And duly authorized to transact business in the State where the following described real estate is located, for and in consideration of the sum of Ten and 00/100 Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, and pursuant to authority given by the Board of Directors of said Corporation, CONVEYS and WARRANTS TO: THE UNITED CITY OF YORKVILLE, whose address is: 800 Game Farm Road, Yorkville, IL 60560 the following described real estate to-wit; SEE ATTACHED LEGAL DESCRIPTION Situated in the County of Kendall and State of Illinois SUBJECT TO; Existing easements, covenants, and restrictions of record, and 2004 and subsequent years real estate taxes. Grantor reserves a right of reverter,that in the event the subject real property would no longer be necessary for City water and booster pumping purposes, ownership would revert to the Grantor and its successors or assigns, TAX PARCEL NO. ADDRESS OF PROPERTY: Vacant Land on Cannonball Trail 09/09/2004 14 . 23 FAX 630 553 5764 DANIEL J KRAMER Z 004/012 IN WITNESS WHEREOF, said Grantor has caused its corporate seal to be hereto affixed and has caused its name to be signed to these premises by its President and attested by its Secretary this day of ,20 04 . (Affix corporate seal here) COOPER HOME FURNISHINGS By: (President) Attest: (Secretary) STATE OF ILLINOIS ) ) SS. COUNTY OF ) I,the undersigned, a Notary Public in and for said County and State aforesaid,DO HEREBY CERTIFY THAT personally known to me to be the President of the Corporation who is the Grantor, and ,personally known to me to be the Secretary of said Corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing , appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument as President and Secretary of corporation, and caused the corporate seal of said corporation to be affixed thereto,pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth, Given under my hand and notarial seal this day of ,20 04 , Notary Public FUTURE TAXES TO: RETURN THIS DOCUMENT TO: United City of Yorkville Attorney Daniel J.Kramer 800 Game Farm Road 1107A S. Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 PREPARED BY: Law Offices of Daniel J, Kramer 1107A S.Bridge Street Yorkville,IL 60560 630-553-9500 This transaction EXEMPT under provisions Of 35 ILCS 200/31-45,Paragraph B, Date: , 2004. Signed 09/09/2004 14. 23 FAX 630 553 5764 DANIEL J. KRAMER /005/012 LEGAL DESCRIPTION THAT PART OF NE SOUTH HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF NE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG THE WEST UNE OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP AND RANCE AFORESAID, 429.15 FEET TO THE CENTERLINE OF U.S. ROUTE NO. 34; THENCE EASTERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 95 DEGREES 41 MINUTES 25 SECONDS WITH THE LAST DESCRIBED COURSE. MEASURED CLOCKWISE THEREFROM, 2059.30 FEET TO THE CENTERUNE EXTENDED SOUTHERLY OF CANNONBALL 1RNI. THENCE NORTHERLY ALONG THE CENTERUNE OF SAID CANNONBALL TRAIL, WHICH FORMS AN ANGLE OF 106 DECREES 47 MINUTES 23 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 1816,44 FEET TO THE NORTHWEST CORNER OF OAK KNOLLS SUBDIVISION; THENCE CONTINUING NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 180 DEGREES 26 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE. MEASURED CLOCKWISE THEREFROM, 746.59 FEET FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A UNE WHICH FORMS AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS WITH SAID CENTERLINE, MEASURED CLOCKWISE THEREFROM, 140.00 FEET; THENCE SOUTHERLY ALONG A UNE WHICH FORMS AN ANGLE OF 95 DEGREES 30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM AND PARALLEL WITH SAID CENTERLINE, 100.00 FEET; THENCE EASTERLY ALONG A UNE WHICH FORMS AN ANGLE OF 94 DEGREE'S 29 MINUTES 17 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 140.00 FEET TO SAID CENTERUNE; THENCE NORTHERLY ALONG SAID CENTERUNE, WHICH FORMS AN ANGLE OF B5 DEGREES 30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 100.00 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 09/09/2004 14 23 FAX 630 553 5764 DANIEL J KRAMER U1006/012 • PLAT ACT AFFIDAVIT (FILE WITH THE RECORDER OF DEEDS OF KENDALL COUNTY) STATE OF ILLINOIS ) )ss. DOCUMENT# COUNTY OF KENDALL) DANIEL J. KRAMER _,being duly sworn on oath,states that he resides at )107A S. Bridge Street,Yorkville,IL 60560 . That the attached deed represents: 1. The subject property is unsubdivided property. 2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971. 3. The division of subdivision of the land is into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access. 4. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access. 5. The sale of exchange of parcels of land is between owners of adjoining and contiguous land. 6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility facilities, which does not involve any new streets or easement of access. 7. The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or easements of access. 8. The conveyance is of land for highway or other public purposes or grants of conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. 9. The conveyance is made to correct descriptions in prior conveyances. 10. The sale or exchange is of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access. 11. The sale is of a single lot of less than five acres from a larger tract,evidenced by a survey made by a registered surveyor which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on October 1, 1973, and which sale does not violate any local requirements applicable to the subdivision of land. CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED. Affiant further states that he makes this affidavit for the purpose of inducing the Recorder of Deeds of Kendall County,Illinois,to accept the attached deed for recording. DANIEL J.KRAMER,Attorney at Law SUBSCRIBED AND SWORN to before me this day of ,20 Notary Public • 43 fit^ri.� c J=� � ©U �EST. I .p0 fon p p ML! El/ENS 114\ 26 �QCE 0., City Council Mayor City Clerk ' City Treasurer , • 1 City Attorney [Code Official] Parks Board Library Board : Represents New or('hanged Position Represents an unofficial subordinate Executive Director of Director of Library Police Chief City Administrator Parks and Recreation Reins in Blue are Appointed , By the MayorParks and Recreation Library Flow Chart Police Department How Chart How('hart Library and Parks Board are Appointed by Mayor—Directors of Deputy Clerk Each Department Also Report , Directly to the Mayor Office AssistantAdministrative Janitor City Receptionist Intern Secretary Pi PT PT ET 1"I. Finance Director Public Works Director City Engineer Utility Billing Public Works Engineering Accounting Clerk Department Flow('hart Department How Chart s Clerk II , \ , 9-S-04 BAD • • DD ...1!�I°aO.`'rys D D \ / VI D� EST. —1836 — — J 41.E \V� CITIZENS City Council Mayor City Clerk City Treasurer i L . , 1 Community City Attorney Code Official Parks Board Library Board Relations Represents New or('hanged Position Manager Represents an unofficial subordinate Executive Director of Director of Library Police Chief City Administrator Parks and Recreation Items in Blue ale Appointed Parks and Recreation Library Flow Chart Police Department By the Mayor Flow Chart Plow Chart library and Parks Board are Appointed by Mayor—Directors of Deputy Clerk Each Department Also Report Directly to die Mayor Office , Assistant Administrative Janitor City Receptionist ` Intern Secretary II P'I' 1 FT 1 E.I FT Finance Director Public Works Director City Engineer c---1--, [ L Utility Billing Accounting Public Works Ifnginccrin" Accounting Payroll,. Benefits ClerkClerk 1 Department Flow Chart Department Flow Chart ('leek II Specialist , V i PT , FT 9-8-04 BAD COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2004 - A RESOLUTION CREATING THE POSITION OF PAYROLLBENEFITS SPECIALIST IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, THE UNITED CITY OF YORKVILLE,through it's City Council, Mayor and City Staff, after careful consideration have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Payroll/Benefits Specialist; and WHEREAS,the job position for Payroll/Benefits Specialist will have the duties and responsibilities as set forth in the attached job description; NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, THAT THE POSITION OF PAYROLLBENEFITS SPECIALIST IS HEREBY CREATED. That said position will be directed by and shall report directly to the Finance Director. The job description for Payroll/Benefits Specialist is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the position of Payroll/Benefits Specialist shall be subject to all probationary rules and regulations as set out in the current employee manual. REPEALER: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Page 1 of 2 EFFECTIVE DATE: This resolution shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. CITY CLERK Page 2 of 2 -, EAtiir=sm UNITED CITY OF YORKVILLE '<LE IV.' PAYROLLBENEFITS SPECIALIST—JOB DESCRIPTION Department: Administration Reports to: Finance Director Status: Full Time, Non-exempt Salary Classification: General Support Staff Position Description Overview This position is responsible for coordinating the payroll activities, employee benefits,new employee orientation, insurance claim coordination and the proper maintenance of the City personnel files. Work is performed with minimal supervision by the Finance Director and the City Administrator and requires the ability to handle a large volume of confidential information. Essential Job Functions 1. Coordinates and is responsible for the entire payroll process. Duties include review of departmental payroll information, data entry, and check processing and distribution. 2. Responsible for accurate recording and computer interface of all payroll related accounting postings. 3. Responsible for the accurate, timely completion, and filing of all government required deposits and reporting (i.e. 941s, W-2s, unemployment, Workman's Comp, OSHA, FMLA, etc.) 4. Coordinates processes, and maintains files for general City liability claims. 5. Responsible for tracking employee contribution amounts for City pension funds and monthly remittance processing and filing for all pension and deferred compensation plans. Coordinates benefit administration and submits required documents for all employee benefit plans. 6. Conducts new employee orientation regarding payroll, benefits, deferred compensation, pension, etc., and files necessary paperwork. 7. Coordinates COBRA and Retiree health insurance programs by providing benefit information to employees prior to telluination or retirement. 8. Maintains working relationship with all benefit providers and process all employee and City insurance requests as needed. 9. Compiles and completes personnel surveys and other data requests. 10. Processes and reviews for accuracy all salary and position change of status forms for employees. 11. Maintains the official City personnel and medical files for employees. 12. Keep records of various types of City and employee insurance policies and coverage. 13. Work with insurance vendors to assess the best plan(s) for the City. 14. Retains, maintains, and processes confidential personnel and labor related documents concerning claims, grievances, complaints, ongoing disciplinary investigations, collective bargaining matters and impasse contingency planning. 15. Assist Finance Director, Administrator, and Department Heads in compiling data for budget preparation and analysis and for collective bargaining. 16. Provide data and analysis in support of personnel planning and strategy and participate in meetings to address personnel matters. 17. Create and maintain the Human Resource Procedure Manual. 18. Performs other related duties as directed. Requirements 1. Considerable knowledge of payroll, human resources, and employee benefit practices and procedures. 2. Knowledge of general accounting principles, state and federal payroll tax and benefit regulations, and the ability to apply the personnel rules and regulations of the City code. 3. Ability to handle confidential information with tact and diplomacy. 4. Requires excellent organizational skills, the ability to handle multiple projects and priorities, and the ability to exercise sound judgment. 5. Requires the skills in the use of standard office machinery, personal computers, 10-key calculators, and familiarity with spread sheet (Excel) and word processing (Word) software. 6. Ability to organize and maintain personnel and related file systems. 7. Ability to work with others and to interface with other departments. Experience and Education 1. High School Degree supplemented by courses in accounting, and business subjects, two years (60 hours) of college level courses in accounting, personnel, public administration, and/or related subjects preferred. 2. Minimum 2 years of human resource/payroll experience. 3. Any equivalent combination of experience and education that provides the required knowledge, skills, and abilities. 4. Must have successfully completed a background investigation. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and requirements of the job change. it 1 /PIr COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2004 - A RESOLUTION CREATING THE POSITION OF CLERK'S OFFICE ASSISTANT IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, THE UNI IED CITY OF YORKVILLE,through it's City Council, Mayor and City Staff, after careful consideration have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Clerk's Office Assistant; and WHEREAS,the job position for Clerk's Office Assistant will have the duties and responsibilities as set forth in the attached job description; NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, THAT THE POSITION OF CLERK'S OFFICE ASSISTANT IS HEREBY CREATED. That said position will be directed by and shall report directly to the Deputy Clerk. The job description for Clerk's Office Assistant is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the position of Clerk's Office Assistant shall be subject to all probationary rules and regulations as set out in the current employee manual. REPEALER: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Page I of 2 EFFECTIVE DATE: This resolution shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. CITY CLERK Page 2 of 2 Revised 8/10/04 United City of Yorkville CLERK'S OFFICE ASSISTANT—JOB DESCRIPTION Department: Administration Reports to: Deputy Clerk Status: Full-Time, Non-Exempt Salary Classification: General Support Staff Position Description Overview This individual assists the administration departments in a variety of general office tasks including, but not limited to, typing,project tracking, and filing. This position requires an individual who has the ability to organize and prioritize multiple tasks. Essential Job Functions 1. Provide assistance to the Deputy Clerk with day-to-day operations such as mailings, assist with preparing and distributing meeting packets for public meetings, and organizing and maintaining City records. 2. Assist with the compiling, distribution and mailing of the City newsletter. 3. Assist with posting website information. 4. Type correspondence, faxing and copying as requested. 5. Act as backup relief to answer phones and provide customer service at the front counter. 6. Assist in other areas as requested. 7. Participate in cross training with other job functions within the department. 8. Develop a thorough knowledge of the Windows Programs including office software. 9. Other duties as directed by the supervisor or City Administrator. Requirements - Knowledge, Skills and Abilities 1. Ability to type a minimum of fifty (50) words per minute. 2. Ability to organize, prioritize and handle multiple tasks. 3. Ability to maintain strict confidentiality. Page 1 of 2 Full-time Office Assistant Job Description (con't) Minimum and Preferred Experience and Education 1. Previous experience in an office setting. 2. Previous computer experience in a Window setting. 3. Must be willing to attend training classes to increase knowledge of job related duties. 4. Must successfully complete a background investigation. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change. Page 2 of 2 f '•ii . I = COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2004- A RESOLUTION CREATING THE POSITION OF FULL-TIME JANITOR IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, THE UNTIED CITY OF YORKVILLE,through it's City Council, Mayor and City Staff, after careful consideration have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Full-time Janitor; and WHEREAS, the job position for Full-time Janitor will have the duties and responsibilities as set forth in the attached job description; NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, THAT THE POSITION OF FULL-TIME JANITOR IS HEREBY CREATED. That said position will be directed by and shall report directly to the City Administrator. The job description for Full-time Janitor is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the position of Full-time Janitor shall be subject to all probationary rules and regulations as set out in the current employee manual. REPEALER: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof Page 1 of 2 EFFECTIVE DATE: This resolution shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. CITY CLERK Page 2 of 2 `,scr tip r` o L UNITED CITY OF YOIVII,I E F., kLE "'" JANITOR—JOB DESCRIPTION Department: Administration Reports to: City Administrator Status: Full-Time, Non-Exempt Salary Classification: General Support Staff Position Description Overview This is a full-time position assigned to the City Administration and Police Department facility to provide a safe, healthy public office facility for the employees, city officials, and visitors through daily care by addressing health and sanitation needs as directed. This position reports to both the police department and administration supervisors for assignment as required for their daily operational needs. A specification guideline will be approved by both department heads as a tool for the supervisors to direct work and provide the necessary supplies and equipment to perform the required duties. Essential Job Functions 1. To clean and maintain all floors. 2. To clean all office areas, hallways, carpeted areas, conference rooms, and City Council Chambers. 3. To maintain inventory of equipment and supplies necessary for proper cleaning and maintenance of the facility. 4. To properly maintain cleaning equipment. 5. To properly maintain and organize the janitorial closet area. 6. To serve as backup for bathroom cleaning to the City's external cleaning service provider. 7. To prepare purchase orders to request for purchase the necessary supplies and equipment for proper cleaning of the facility to be presented to the administrative assistant for approval. 8. To recommend and advise supervisors of any potential safety problem or security concerns. 9. To advise immediate supervisor of any potential safety or hazardous condition. 10. Any other related cleaning or maintenance functions as directed by the supervisor. Requirements 1. Knowledge with operating procedures for cleaning and maintaining a public office facility. Revised 08-04-04 BAO 2. Knowledge of the use of proper cleaning supplies to maintain a healthy and sanitary public facility. 3. Ability and skill to operate floor cleaning machines. 4. Ability and skill to operate small engine machines, such as: commercial vacuum cleaners. 5. Ability to lift and move light-weight office furniture up to 30 pounds. 6. Ability to use a step ladder. 7. Ability to work independently through minimum supervision. 8. Ability to maintain strict confidentiality. 9. Ability to work flexible hours when directed. 10. Must comply with all personnel safety rules and regulations,both written and verbal. Experience and Education 1. High School Diploma or General Equivalency Diploma. 2. At least one (1) year janitorial experience or equivalent type of experience. 3. Any equivalent combination of experience and education that provides the required knowledge, skills, and abilities. 4. Must successfully complete a background investigation. Working Conditions 1. Work is performed in a dual environment consisting of a normal office environment and a secure law enforcement office environment, while performing essential job functions. 2. Occasional exposure to chemical substances contained within cleaning supplies with the use of proper protective safety equipment and procedures to protect the employee and its surroundings. 3. Working time may require irregular hours to minimize interruption within the facility to maintain a quality work environment and special events or meetings. Revised 08-04-04 BAO COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO. 2004- A RESOLUTION CREATING THE POSITION OF PART-TIME ACCOUNTING CLERK I IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, THE UNITED CITY OF YORKVILLE,through it's City Council, Mayor and City Staff, after careful consideration have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Part-time Accounting Clerk I; and WHEREAS, the job position for Part-time Accounting Clerk I will have the duties and responsibilities as set forth in the attached job description; NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, THAT THE POSITION OF PART-TIME ACCOUNTING CLERK IIS HEREBY CREATED. That said position will be directed by and shall report directly to the Finance Director. The job description for Part-time Accounting Clerk I is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the position of Part-time Accounting Clerk I shall be subject to all probationary rules and regulations as set out in the current employee manual. REPEALER: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Page 1 of 2 EFFECTIVE DATE: This resolution shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. CITY CLERK Page 2 of 2 C!2Esr ). 1836UNITED CITY OF YOVILT,F ACCOUNTING CLERK I—JOB DESCRIPTION Department: Administration Reports To: Finance Director Status: Part-time 20 hours per week not to exceed 1000 hours annually Position Description Overview: Person is responsible for assisting the Finance Department with various accounting functions, inquiry, and maintenance of A/P records. Assist with all routine functions relating to Accounts Payable, General Accounting, and other duties assigned by the Finance Department. Essential Job Functions: 1. Assist with preparation of the 5 monthly bill lists for the City. Duties include sorting and distribution of invoices to appropriate department heads, data entry, vendor setup, inquiry, invoice filing, and mailing of payments. 2. Cancel/void checks. Prepares replacement checks as required. 3. Research credit or outstanding invoices and respond to vendor inquiries. 4. Maintain vendor files. 5. Assist with capital asset inventory tracking relating to GASB 34 reporting and budgeting purposes. 6. Assist with the bank account reconciliation process. 7. Maintain accounting records for Motor Fuel Tax. 8. Reviews payment requests and secures all backup documentation. 9. Assist in gathering annual audit report information. 10. Assist with the development of the Accounting Procedure Manual and ongoing reviews and updates as directed. 11. Perform other duties/projects as assigned. Position Requirements—Knowledge, Skills, and Abilities: 1. Knowledge of accounting practices, procedures, and office terminology 2. Strong analytical skills 3. Strong communication skills 4. Ability to work under pressure and/or frequent interruptions 5. Ability to operate in a multi-task environment 6. Ability to understand department priorities and adjust work activities to meet them. 7. Ability to perform report preparation and periodic duties in a timely fashion and on schedule. 8. Ability to operate a variety of office equipment including a typewriter, copy machine, FAX machine,telephone, and calculator. 9. Must be computer literate and have knowledge of Microsoft Excel and Word. Minimum and Preferred Experience and Education: 1. High School diploma or G.E.D. 2. Minimum of 12 credit hours in college level accounting or finance courses. 3. Previous experience in an office and Windows-based computer environment. 4. Any equivalent combination of experience and education that provides the required knowledge, skills, and abilities. 5. Must successfully complete a background investigation.- The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change. Walk Mirl/A .�' �,fir •IIIP � , 1 ��r -rpt — ., � ,rt< ww h1 � 4i T`--... � ,' ':: ,'• r � . 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