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City Council Packet 2005 02-08-05 . *,0 CI? United City of Yorkville 0.,, County Seat of Kendall County 800 Game Farm Road ESi `":t 1836 % Yorkville, Illinois, 60560 ,< ` Telephone: 630-553-4350 Fax Fax: 630-553-7575 C9 ' '�"'°�`�s/ Website: www.yorkville.il.us .741.EXv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 2/7/05 Tuesday,February 8, 2005 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, February 28, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, February 17, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, March 3, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, February 10, 2005 City Hall Conference Room Public Hearings: None City Council Meeting Agenda February 8,2005 Page 2 Citizen Comments: Presentations: None Consent Agenda 1. Police Reports for December 2004 2. Building Permit Reports- revised August 2004, revised September 2004, October 2004, November 2004, and December 2004 3. In Town Road Program—Additional Engineering Costs-authorize contract with Smith Engineering Consultants, Inc.for additional fees for storm sewer design related to the outfall to the Fox River in an amount not to exceed$9,640.00 and authorize City Engineer to execute 4. Faxon Road Extension—MFT Appropriation Resolution- authorize Mayor and City Clerk to execute 5. Saravanos Property—Earthwork Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$73,745.08 6. Heartland Circle—Letter of Credit Reduction#2 - authorize reduction in an amount not to exceed $990,546.77 7. Kylyn's Ridge Unit 2—Letter of Credit Reduction#2 -authorize reduction in an amount not to exceed $223,188.65 8. Countryside Pump Station—IDOT Highway Permit Application and Resolution-authorize Mayor and City Clerk to execute 9. Cannonball Trail Roadway Improvements—Change Order#1 - authorize increase in an amount not to exceed$4,572.06 and authorize Mayor to execute 10. Council Chambers Sound System Quote- authorize purchase from Thomas Alarm Systems in an amount not to exceed$5,593.00 11. Resolution Authorizing a Representative to Sign IEPA Public Water Supply(Radium Compliance) Loan Documents - authorize Mayor and City Clerk to execute 12. Resolution of Intent Regarding National Flood Insurance for IEPA Public Water Supply (Radium Compliance) Loan- authorize Mayor and City Clerk to execute 13. Storm Water Software and Training-authorize purchase of the HEC-HMS software and training in an amount not to exceed$1,100.00 14. Request for Approval of Employees' Degree Programs for 2005/2006 per Section 8.6 of the Employee Manual Plan Commission/Zoning Board of Appeals: City Council Meeting Agenda February 8, 2005 Page 3 Minutes for Approval(Corrections and Additions): Minutes of City Council— November 23, 2004, December 28, 2004 and January 25, 2005 Minutes of City Council—IDOT Meeting— October 4, 2004 Minutes of Committee of the Whole— November 16, 2004 and January 18, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 604,585.51 (vendors) (Revised 2/4/05 —See revised summary in packet.) $ 151,592.25 (payroll period ending 1/08/05) $ 153,224.03 (payroll period ending 1/22/05) $ 909,401.79 (total) Reports: Mayor's Report: 1. Ordinance Approving a Tax Increment Financing Redevelopment Project and Plan for the Proposed Tax Increment Redevelopment Area 2. Library Expansion Project—rates BCA Contract for professional architectural services for design and contract administration for the library expansion project 3. Façade Committee Appointment 4. University of Illinois 2003 RCPI Integrity/Public Trust Initiative and Subaward Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks&Recreation Report: Community&Liaison Report: City Council Meeting Agenda February 8, 2005 Page 4 Committee Reports: Public Works Committee Report: 1. No Report Economic Development Committee Report: 1. Ordinance Amending Ordinance No. 2003-01 and the 2000 International Building Code and Ordinance No. 2003-06 and the International Fire Code 2. Resolution Approving Grande Reserve Units 10 and 11 —Preliminary/Final Plat 3. Resolution Approving Caledonia—Final Plat 4. Resolution Approving Swanson Lane Estates—Preliminary/Final Plat Public Safety Committee Report: 1. Request to Purchase 2004 Chevrolet Impala Detective Vehicle from Miles Chevrolet - in an amount not to exceed$18,000.00 (Must be approved by a super majority) 2. Request to Purchase Digital Portable Recorder and Accessories from Dictaphone- in an amount not to exceed$20,000.00 (Must be approved by a super majority) 3. Request to Purchase a Digital Video Recording System for Squad Cars from Digital Safety Technologies, Inc. - in an amount not to exceed$11,500.00 (Must be approved by a super majority) 4. Request to Purchase Speed Trailer and Speed Monitor Sign 4a. Request to Purchase Speed Trailer from MPH Industries, Inc. -. in an amount not to exceed $17,355.00, to be paid from contingency funds. (Must be approved by a super majority) 4b. Request to Purchase Speed Monitor Sign from MPH Industries, Inc. - in an amount not to exceed $7,569.00, to be paid from contingency funds. Administration Committee Report: 1. No Report Additional Business: Adjournment: City Council Meeting Agenda February 8, 2005 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 MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS.800 GAME FARM ROAD ON TUESDAY,NOVEMBER 23.2004. Mayor Prochaska called the meeting to order at 7:01 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticks Present Ward II Burd Present Kot Absent Ward III Ohare Present Munns Absent Ward IV Besco Present Spears Present Also present City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney's Representative Kelly Kramer,Attorney Kathleen Orr,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham,and Executive Director of Parks&Recreation Brown. OUORUM, A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests. He asked the elected officials,city staff and guests present at the meeting to introduce themselves. He also asked guests to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman James asked that the Administration Committee meeting date be changed to Wednesday,December 1,2004. COMMITTEE MEETING.DATES Public Works Committee 7:00 P.M.,Monday,December 27,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,December 16,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Wednesday,December 1,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,December 9,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the United City of Yorkville Tax Increment Financing Redevelopment Project and Plan. So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticka-aye Please see attached Report of Proceedings taken before Chris Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. The Minutes of the Regular Meeting of the City Council—November 23,2004-page 2 Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Ohare;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Attorney Orr noted that according to the TIF Act,the City Council may not consider adopting Tax Increment Financing for a period of less than fourteen days from the date hereof. There is a mandatory two-week period for further discussion and questions. CITIZEN COMMENTS Hoover Boys Scout Property John Purcell with the Kendall County Board addressed the Council. He thanked the Mayor and City Council for their work in obtaining the Hoover Boy Scout Camp. He stated that it is a great amenity for the community and he noted that it was great for the city and county to work together. Appearance Code Ordinance Jeff Brown,President of the F.E.Wheaton Co.,addressed the Council regarding the Appearance Code Ordinance. He stated that he reviewed the ordinance because it affects him both personally and professionally. He noted that if the ordinance was applied to the City Hall the building would not pass the code. He asked that further consideration be given to the code so that the intent of the Council matches the interpretation of it. He stated that he supports the concept but asked that the City Council adopt a code that can be applied without the need for the projects to come before the Facade Committee. He respectively asked that the vote on the ordinance be tabled and that a committee consisting of the City's building inspector and other members be established to review and develop a better ordinance. Mr.Brown further explained that he is in the process of constructing a metal building used to protect building materials from the weather and that his building would not be allowed under the proposed ordinance. If he built it to comply,the cost would be prohibitive. Alderman Sticka asked Mr.Brown how long he felt that it would take an Adhoc committee to develop a better code. Mr.Brown felt it could take two to three months. Alderman Sticka noted that the ordinance has been under development for quite some time. There was further discussion about the length of time it has taken to develop the proposed ordinance including the fact that builders were invited to attend meetings and provide input however the response was poor.Mr. Brown indicated that he was not invited to any development meetings however when he heard about the ordinance he began to attend meetings to learn more. Jim Vanderploeg with Concord Homes addressed the Council regarding the Appearance Code Ordinance. He stated that he agreed with Mr.Brown that the proposed code is a good document however he was concerned that the code mandates the use of specific building materials such as masonry. He stated that this increases the cost of the product and lends itself to monotonous designs. Alderman Sticka noted that the Council did discuss that mandating materials is probably inappropriate. Mr.Vanderploeg noted that he was not aware of any previous development meetings and volunteered to participate on the Adhoc committee. John Wozniak,Regent President of Lennar Chicago,addressed the Council regarding the proposed ordinance. He stated that he did not remember being invited to any meetings regarding the proposed ordinance. He stated that he is building townhomes and duplexes in the Raintree development with a country-club community atmosphere that will attract clients from various economic situations. He stated that the proposed ordinance could hinder the homes from being affordable. Barry Mayworm with Cardinal Homes addressed the Council. He stated that the appearance code is a good idea however he was concerned that it could be imposing an administrative burden on both the City and builders that is unnecessary because some subdivisions already have architectural review committees. He recommended that the ordinance be kept as simple as possible and offered to be on the Adhoc committee. PRESENTATIONS None. CONSENT AGENDA 1. Assist First Time Homebuyer Down Payment Assistance Program-authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—November 23.2004—pare 3 2. Deuchler Construction Services Contract for Rob Roy Creek Interceptor 3. Sente-Ruble Contract for Parks Facility—authorize use of Land Cash Funds in an amount not to exceed$7,750.00 and authorize the Mayor to execute 4. Windett Ridge Reimbursement—authorize payment of Land Cash Funds in an amount not to exceed$19,533.75 5. Naming of River's Edge Park#3"Crawford Park in honor of Harry L.Crawford" 6. Naming of Country Hills Park"Kiwanis Park in honor of the Greater Yorkville Kiwanis Club" 7. Resolution 200444—Creating the position of part-time Information Technology Assistant-authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Sticka;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings from September 21,2004 and November 2,2004;seconded by Alderman Ohare. 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 November 11,2004 totaling the following amounts:checks in the amount of $1,175,375.72(vendor);$146,735.68(payroll period ending 10/30/04)for a total of $1,322,111.40;seconded by Alderman Sticks. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticks-aye REPORTS MAYOR'S REPORT Countryside Center Open Space Mayor Prochaska entertained a motion to accept the Countryside Center Green Space quit claim deeds as presented and authorize the recording of the deeds. So moved by Alderman Sticka; seconded by Alderman James. Mayor Prochaska noted that the deeds were submitted to the City by the owners of the property some time ago however the City took the position that they would not be accepted until clear title was determined. This has now been determined. Alderman Besco asked if he or Alderman Spears could vote on this as they live in the Countryside subdivision. Attorney Kramer stated that it was at their discretion to vote as it may be a conflict of interest. Alderman Ohare asked for clarification that the vote was to accept the property from Virginia Purcell. Attorney Kramer and Mayor Prochaska stated that this was correct. Alderman Spears asked if the City ever received a listing of residents who attended the Adhoc committee regarding this. Attorney Kramer stated that nothing in writing was received from Jim Ratos or Tom Sowinski however they stated they were in favor of a conservation easement. She also stated that the City received an additional adverse possession claim. The next step is to record the deed and to clarify boundaries on the east side of Blackberry Creek. Then the city can negotiate with the property owners who filed adverse possession claims for an amicable solution. Alderman Sticks asked what affect the City's acceptance has on the adverse possession claims. Attorney Kramer stated that people who filed prior to the recording of the deed have perfected their claims and are"grandfathered"in. However there is increased burden to those who claim adverse possession after the recording of the deed when they file against a municipality. No one is being prevented from making adverse possession claims in the future;the process just changes. The Minutes of the Regular Meeting of the City Council—November 23.2004-page 4 Alderman Sticka asked what would happen if the City does not accept the quit claim deed. Attorney Kramer stated that the City could become involved in litigation with the original owner and there is a risk for it going to tax deed. Motion approved by a roll call vote. Ayes-4 Nays-0 Abstain-2 James-aye,Ohare-aye,Spears-abstain,Sticka-aye,Besco-abstain,Burd-aye Alderman Burd asked if the motion carried with the abstentions. Attorney Kramer clarified that the motion was approved by the majority of the quorum. Risk Management Annual Insurance Coverage Mayor Prochaska noted that the insurance coverage was discussed at length at a Committee of the Whole meeting. He stated that the Council asked for numbers to be developed so that they could make an"apples to apples"comparison. Finance Director Pleckham went over the comparison sheet she supplied to the council for their review. The Council discussed the insurance deductible,customer service,using a local agent with the Illinois Municipal League Risk Management Association(IMLRMA)insurance,etc. Bill Block with IMLRMA was present and explained that there are twelve to fifteen cities that use a local agent to be their risk management coordinator. The IMLRMA will then correspond with this individual with regards to any insurance questions. He also supplied a list of the cities that participate in the IMLRMA and noted that thirteen cities in the last two years who were with the County Program came back to them for coverage. Alderman Besco stated that there was a question regarding a possible claim that the City had that it was not sure it could proceed with. Mr.Block stated that Mrs.Pleckham and Director of Public Works Eric Dhuse were working in it and it was in progress. Mayor Prochaska stated he was concerned with the sewer claim that was submitted that was denied. Mr.Block explained that he has discussed this claim with his liability supervisor. He stated that the first question asked was if the sewer blockage was due to the City's negligence and the claim adjuster was told that it was not due to the City's negligence. He stated that a city employee told the resident to get ServiceMaster to clean up the mess and the IMLRMA paid this bill because the employee obligated the City. He stated that the contents that were damaged where not paid for. Mr.Dhuse explained that he specifically told the adjuster three times that it was the City's fault because the roots had not been jetted from the sewer line. Mr.Block stated that he would have the adjuster contact Mr.Dhuse to discuss this further. Alderman Spears asked if the IMLRMA records telephone conversations regarding claims. Mr. Block stated that telephone conversations are not recorded however computer notes are kept. Alderman Spears asked if the Council could please receive copies of the computer notes regarding the sewer claim. Mr.Block stated he would get this information. Alderman Spears stated that when comparing the insurance coverage,the IMLRMA does not have a deductible and she would rather see the city use 1MLRMA. She also supported the use a local agent. Mayor Prochaska stated that he felt it was a good compromise to use the IMLRMA along with a local agent as a risk management coordinator for one year. He noted that if the Council approved the 1MLRMA coverage tonight there would be a 2%savings. Alderman Sticka asked Mrs.Pleckham to go over the comparison regarding Comprehensive General Liability. IMRLMA allow$8 million per occurrences whereas the County allows$1 million;the IMLRMA has no aggregate limit whereas the County has a$3 million limit and the IMLRMA has no deductible whereas the County has a$1,000.00 deductible. He stated that he did not understand how the County's$8 million max claim payable was determined. Mrs. Pleckham explained that the County has$1 million per occurrence with a$7 million umbrella. The aggregate limit with the County Program is$24 million per year whereas there is no limit with the IMLRMA. Alderman Sticka stated that he would prefer that the City stay with the 1MLRMA however he is aware that the staff is not happy working on claims with them. He was concerned that if the City hires an agent,this person will be in the same position. Customer service concerns were discussed further. Alderman Burd noted that the 2%savings(about$25,000.00)by approving the use of the IMLRMA tonight could be used toward an agent's fee. She also suggested that only one staff member handle all the claims and documentation. This person could report any problems or The Minutes of the Regular Meeting of the City Council—November 23,2004—nage 5 concerns to the Administration Committee. Mayor Prochaska stated that the new Human Resource person would co-ordinate claims. There were no further comments or discussion. Mayor Prochaska entertained a motion to approve the Illinois Municipal League Risk Management Association coverage for the upcoming year in the amount of$119,088.62 for the min/max program. So moved by Alderman Sticka;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye Mayor Prochaska entertained a motion to approve the Boiler/Machine policy in the amount of $1,223.00 through the Chubb Group. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Mayor Prochaska asked the Administration Committee to investigate the use and cost of an agent of record and make a recommendation to the City Council. Conover/Fisher Sanitary Utility Easement Agreement Mayor Prochaska entertained a motion to authorize payment for the Conover/Fisher Easement in the amount of$152,733.00 for the Rob Roy Creek Interceptor Sanitary Sewer Project. So moved by Alderman Sticka;seconded by Alderman Besco. Attorney Kramer noted that the City Council had previously authorized the execution of the easement agreement and this motion puts the funding in place. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye Holdiman Sanitary sewer Pumping Station Acquisition Mayor Prochaska entertained a motion to approve the Countryside Center Pump Station real estate sales contract for the purchase of one acre of real property located on Route 47 and to authorize the Mayor and City Clerk to execute the contract and authorize payment in the amount of$435,600.00 plus closing costs and attorney's fees to be reviewed by the City Attorney. So moved by Alderman Besco;seconded by Alderman Ohare. Alderman Sticka asked for clarification on the cost of the purchase. Attorney Kramer stated that the earnest money was subtracted from the purchase price Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye Woodworth Easement Mayor Prochaska entertained a motion to approve the Woodworth real estate sales contract for the purchase of.882 acres located at Bruell Street and Wooddale Avenue and to authorize the Mayor and City Clerk to execute the contract and a motion to accept the Grant of Sewer and Water Easements for the Bruell Pump Station project and to authorize payment in the amount of $200,000.00 plus closing costs and attorney's fees to be reviewed by the City Attorney and engineering fees in an amount not to exceed$15,000.00. So moved by Alderman Sticks; seconded by Alderman Ohare. Administrator Graff noted that the city has received signed documents. Mayor Prochaska stated that the purchase was for the location for a permanent lift station that will service the east side of Route 47 and south of Route 34 and will allow three lift stations to be combined into one. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Ohare-aye PNA Easement Mayor Prochaska asked if the city received a signed agreement from the PNA Camp for the easement. Attorney Kramer stated that the agreement still was not signed by the representatives of the PNA Camp. She stated that the revised agreement has been forwarded to The Minutes of the Regular Meeting of the City Council—November 23,2004—nage 6 them and their Board approved it. There was a minor issue;the Board asked that an old agreement be incorporated into the new one. They are waiting for the Yorkville-Bristol Sanitary District to send them a revised copy indicating this before signing. It was discussed if this item should be tabled until the executed documents are received. Administrator Graff explained that with the Thanksgiving holiday,this will not be able to be approved until December 14,2004 and the bid for the soccer fields needs to awarded in order to have them ready by spring. This would delay the process. Alderman James suggested that the approval by the City Council be contingent upon the PNA's execution of the document by a certain date. Mayor Prochaska entertained a motion to approve the Rob Roy Creek Sanitary Sewer Interceptor Grant of Sanitary Sewer Easement and Easement Agreements with the Youth Camp of Districts 12&13 P.N.A.in an amount of$158,976.60 and the cost of reconstruction of the entrance canopy located north of River Road in an amount not to exceed$50,000.00 and to authorize the Mayor and City Clerk to execute the easement agreements subject to the City receiving an • executed agreement within 30 days of this date. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Sticka-aye,Besco-aye,Burd-aye,James-aye,Ohare-aye,Spears-aye ATTORNEY'S REPORT Hydraulic Sanitary Sewer Project Attorney Kramer apologized that she did not amend the agenda to add this item however the Public Hearing had started before she arrived. She explained that an issue arose with the Hydraulic Avenue Sanitary Sewer Project after the agenda was completed and distributed. She asked the Director of Public Works,Eric Dhuse,to explain the problem. Director Dhuse explained that the water main under Hydraulic,on both sides of Route 47,has been moved to get the sanitary sewer line run. Now there is a gap under Route 47 were there is a forty-six year old water main. The contractor,H.Linden&Sons,has proposed to use the old sanitary pipe as a casing to provide a new main under Route 47. The contractor and staff met with the Illinois Department of Transportation who indicated that if the main is not changed,it will have to be moved when Route 47 is widened. If the main is rerouted through the old sanitary line there is an 80%chance that it will not have to be removed in the future when Route 47 is widened. Administrator Graff noted that staff was aware that the water main was forty-six years-old and this information was included in the bid packet. However the city did not have the final engineering for the sanitary sewer and did not know how it would be affected. He stated that just today IDOT confirmed that they plan to have a sixteen inch storm sewer run down Route 47 and the existing watermain will have to be moved. if the main is placed in the existing sanitary line, City Engineer Joe Wywrot discovered that it will be two feet lower than the proposed IDOT storm sewer. Administrator Graff noted that this change and the additional cost of$14,324.00 was discussed at the November 23,2004 Public Works Committee meeting as an additional item. He explained the urgency in the matter due to the asphalt plants closing for the season,the opportunity to do the project while the area is open for construction and the lanes on Route 47 are reduced and before the weather becomes inclement. He stated that if the project is done immediately,the road will be restored for traffic. If the change is not approved,the project will have to wait and the cost then will be any where from$35,000.00 to$50,000.00 to complete. Also,this repair will guarantee that the whole system is updated. Alderman Burd asked why the item was not coming out of the Public Works Committee Report. She stated that they discussed it and made the recommendation to move ahead. Attorney Kramer stated she was contacted this afternoon for a recommendation as to how this emergency item should be added to the agenda. She was going to recommend that it be put on the agenda as an emergency item however she missed the amendments to the agenda portion of the meeting. The Council discussed the legalities of adding this to the agenda correctly. Mayor Prochaska entertained a motion to accept the Change Order for$14,324.00 as recommended by the City Engineer.So moved by Alderman Sticka;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye The Minutes of the Regular Meeting of the City Council—November 23.2004—pare 7 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT New Carpeting Administrator Graff advised the City Council that new carpeting was being installed in the City Hall offices over the Thanksgiving holiday weekend. Emergency Generator Pad Administrator Graff reported that the emergency generator pad was poured and that staff is trying to coordinate the installation for a time when there will be the least amount of interruption of service. FINANCE DIRECTOR'S REPORT PTW Announcement Finance Director Traci Pleckhamreported that the City received a letter dated November 12, 2004 from PTW&Co.,the City's auditors,informing the City that they will be combining practices with the Public Sector Services Group of Crowe Chizek and Company LLC. She reported that the service to the City will not change and that she would have more information on the merger for the Administration Committee. Library Expansion Director Pleckham reported that she attended a Library Expansion meeting on November 18, 2004 where a tentative time table for the expansion was discussed. She stated that Burnidge Castle and Associates(BCA)is working with the city for a design services contract and will have more information next month. DIRECTOR OF PUBLIC WORKS REPORT Bristol Ridge Road Signs Director Dhuse reported that the signs were installed on Bristol Ridge Road. Cross-Walk Striping Mayor Prochaska noted that he had concerns from a few residents regarding cross-walks at several locations which are worn to the point of being not visible and he asked if anything could be done about it. Director Dhuse stated that at this time of year the cross-walks cannot be painted due to the temperature and also snow plowing will further ruin the striping. He stated he would speak with 1DOT about those on Route 47. Traffic Control Payment from IDOT Mayor Prochaska asked if Director Dhuse if payment to the City from IDOT for traffic control services while IDOT was working on Route 47 was worked out. Director Dhuse stated that he spoke with IDOT and has worked out in-kind services with regards to the traffic signals on Van Emmon and Fox Road. 1DOT has adjusted the sequencing of the lights in an effort to keep traffic on Route 47 flowing. Route 47/Hydraulic Construction Administrator Graff noted that beginning Friday,November 26,2004,there will be no parking on the east of Route 47 and the left turn lanes for Hydraulic Street will be closed due to the work on the sanitary sewer under Route 47. The Police Department will have their informational sign out to notify drivers of possible delays and the businesses in the area have been notified. Route 47 Wall Alderman Spears asked if IDOT was ever contacted about the problems with the wall on Route 47. Director Dhuse stated they were contacted and they inspected it. IDOT removed some of the loose concrete and they feel that it is structurally sound. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT OSLAD Grant Director Brown reported that on December 1,2004 she would be going to Springfield,Illinois to give a presentation for the Cannonball Ridge Park because it had been selected to be a contender for an OSLAD grant. If the grant is received it is will be a 50%grant or approximately $130,000.00. COMMUNITY&LIAISON REPORT School Board Meeting Alderman Ohare reported that she attended the School Board meeting on November 22,2004 where it was discussed to proceed with a referendum. The Minutes of the Regular Meeting of the City Council—November 23.2004—vane 7 Aurora Area Convention and Visitors Bureau(AACVB) Alderman Burd reported that she attended an executive board meeting of the AACVB on November 22,2004 where they discussed the move to their new facility in March. She was asked to get information from the Chamber of Commerce and the Yorkville Economic Development Corporation regarding any businesses or restaurants who would like to be included in their publications. She stated that she spoke with both Nancy Newport and Lynn Dubajic about this information. Plano City Council Meeting Mayor Prochaska reported that he and Alderman Spears attended the Plano City Council meeting on November 22,2004 representing the United City of Yorkville. That night the Plano City Council passed a resolution supporting the improvements to Route 47. He reported that he invited Mayor Roberts to present the resolution to the United City of Yorkville City Council. He stated that he and Alderman Spears were made very welcome and he was asked to open their meeting. He stated that Mayor Roberts told him that he borrowed his"Coffee with the Mayor" idea from Mayor Prochaska.Mayor Prochaska explained that he like how Mayor Roberts asked the visitors in attendance to stand and introduce themselves so he was borrowing this back from Plano. Mayor Prochaska thanked Mayor Roberts and the City of Plano for their support. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Rob Roy Creek Interceptor-Contract#1 Award A motion was made by Alderman Besco to approve the base bid for the Rob Roy Creek Interceptor Contract#1 to Glenbrook Excavating&Concrete,Inc.in the amount of$981,236.00 and$636,790.00 alternate bid item IA as recommended by the Yorkville-Bristol Sanitary District;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticka-aye Alderman Besco also noted that Kennedy and Bristol Ridge Road intersection was paved today. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-64 Revised Planned Unit Development Ordinance A motion was made by Alderman Sticka to approve the revised Planned Unit Development Ordinance as presented;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye Proposed Appearance Code Ordinance A motion was made by Alderman Sticka to approve the Appearance Code with an effective date of April 1,2005;seconded by Alderman James. Alderman Ohare stated that she thought that it had been previously discussed to form a review board for this ordinance. Mayor Prochaska noted that this was discussed for a different ordinance;the Landscaping Ordinance. She stated that she liked the suggestions from the gentleman that an Adhoc committee be formed to review the ordinance before it is approved by the Council. Aldermen James and Spears agreed with Alderman Ohare. Alderman Spears suggested that a Council member be on the Adhoc committee and nominated Alderman Burd. She also suggested that the gentlemen who addressed the Council tonight be asked to be on the committee. Mayor Prochaska and the Council agreed. Administrator Graff stated that Building Inspector Bill Dettmer volunteered to chair the committee. There was some discussion regarding the Adhoc committee and it was agreed that they be given a time limit for revising the ordinance. There was some discussion regarding the motion on the table and Robert's Rules of Order. Once it was determined that if the motion was defeated the ordinance could be brought back before the Council in a revised form,it was the consensus not to table the motion but vote on it. Motion defeated by a roll call vote. Ayes-0 Nays-6 James-nay,Ohare-nay,Spears-nay,Sticka-nay,Besco-nay,Burd-nay The Minutes of the Regular Meeting of the City Council—November 23,2004—page 9 Ordinance 2004-65 Yorkville Supportive Living,LLC PUD Amendment A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of the first amendment to Planned Unit Development Agreement for Yorkville Supportive Living LLC and to authorize the Mayor and City Clerk to execute all the documents;seconded by Alderman James. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Nextel Contract A motion was made by Alderman James to approve the Nextel Contract#N4004110204 as presented and authorize the Finance Director to execute the contract;seconded by Alderman Sticks. Motion approved by a roll call vote. Ayes-4 Nays-2 Ohare-aye,Spears-nay,Sticka-aye,Besco-aye,Burd-nay,James-aye SBC Long Distance Contract A motion was made by Alderman James to approve the SBC Long Distance Contract dated October 19,2004 as presented and authorize the Finance Director to execute the contract; seconded by Alderman Sticka. Alderman Spears stated that she had asked for a list of all the employees who would get the long distance service and she did not receive it. Administrator Graff explained that the service is for all the office telephone lines. Alderman Spears stated she also asked for a copy of the actual long distance calls placed and understood that she could not get this information from the Police Department due to confidentiality. Administrator Graff stated that all the information given to her included all the telephone numbers in use. She stated that she did not get the information for all the remaining staff and she could give him the names of those not included in the information she received. Alderman Sticka asked if the information requested by Alderman Spears would show who made the calls and Mayor Prochaska stated that the information indicates what calls were made from a telephone and the time the calls were made however it does not indicate who made the calls. Motion approved by a roll call vote. Ayes-5 Nays-1 Spears-nay,Sticka-aye,Besco-aye,Burd-aye,James-aye,Ohare-aye 20042005 Tax Levy—Public Hearing Option#1 Alderman James reported that Public Hearing Option 1 was chosen by the Council for the 2004- 2005 Tax Levy and this option will be noticed in the newspaper. Salary Schedule A motion was made by Alderman James to approve the Salary Schedule as presented;seconded by Alderman Burd. Mayor Prochaska noted that the Salary Schedule being approved is dated November 11,2004. Alderman Ohare asked if the proposed salaries for 2004-2005 included the cost-of-living adjustments(COLA). Mayor Prochaska stated that it does include a COLA increase. He explained that the lower end of the range would be left stationary and only the high end was adjusted. Alderman Spears commented that last year employees received a salary adjustment. She stated that she did not remember approving the salary adjustment but just the salary schedule. She stated that by approving the schedule,the Council was allowing a 10%increase in some areas whereas a 5%increase is sufficient. She stated she was not comfortable passing the new schedule. Alderman Burd stated that she understood that the increase of the salary schedule was not needed this year however raising it keeps the City"ahead of the game". Mayor Prochaska stated that the increase keeps the salaries at the COLA rates;approving the schedule does not give The Minutes of the Regular Meeting of the City Council—November 23,2004—nage 10 employees a raise of salary. He also stated that if the salary schedule is not revised,three police officers will be exceeding the maximum salary for their level of employment. Mayor Prochaska and Alderman Sticka questioned Alderman Spear's numbers;they did not understand how she determined the increase to be 10%. She explained that the City is currently covering 5%under its current salary schedule. There was a lengthy discussion regarding the calculation of the increase. Mayor Prochaska explained that last year there was a 1.6%COLA increase and this year the increase is 1.8%(3.4%total);these were the figures used to calculate the increase which was only applied to the maximum salary for any specific job. Alderman James stated that this was the same discussion as the one at the last Committee of the Whole meeting and nothing new was coming out of it. He called the question. Motion approved by a roll call vote. Ayes-5 Nays-1 Besco-aye,Burd-aye,James-aye,Ohare-aye,Spears-nay,Sticka-aye ADDITIONAL BUSINESS Future Planning Alderman Ohare stated that she would like to see future planning for Yorkville include hotels and or motels in the area. Mayor Prochaska noted that this is being investigated. Grant Writer Alderman Ohare also asked for an update from the grant writer and Director Brown stated that she would be addressing the Council in December with an update. There was no further additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:25 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on November 23 , 2004 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-741604 { DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR. ARTHUR F . PROCHASKA, Mayor ; 3 MR. RICH STICKA, Alderman; 4 MR. PAUL JAMES , Alderman; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MS . WANDA OHARE , Alderwoman; 8 MS . ROSE ANN SPEARS , Alderwoman; 9 MR . WILLIAM POWELL, City Treasurer; 10 MS . JACQUELYN MILSCHEWSKI , City Clerk . 11 12 13 APPEARANCES : 14 KATHLEEN FIELD ORR & ASSOCIATES One South Wacker Drive , Suite 1990 15 Chicago, Illinois 60606 BY : MS . KATHLEEN FIELD ORR . 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of 2 Allegiance ) 3 MAYOR PROCHASKA : I ' d entertain a 4 motion to go into public hearing for the purpose 5 of discussing the United City of Yorkville Tax 6 Increment Financing Redevelopment Project and 7 Plan . 8 MS . OHARE : So moved . 9 MR . BESCO : Second . 10 MAYOR PROCHASKA: Moved and 11 seconded . May I have roll call , please? 12 MS . MILSCHEWSKI : Besco . 13 MR . BESCO : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MS . MILSCHEWSKI : James . 17 MR . JAMES : Aye . 18 MS . MILSCHEWSKI : Ohare . 19 MS . OHARE : Aye . 20 MS . MILSCHEWSKI : Spears . 21 MS . SPEARS : Aye . 22 MS . MILSCHEWSKI : Sticka . 23 MR. STICKA : Aye . 24 MAYOR PROCHASKA : Motion is carried . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . ORR : What we would like to do 2 is first of all for the record make some points 3 and then allow Lisa Lyon to explain to the City 4 Council , as well as all present , the process , as 5 well as the eligibility of the area making it -- 6 allowing it to qualify for the TIF and the TIF 7 plan for that particular area . 8 Now, in order to get here 9 tonight, there are several legal procedures which 10 the City of Yorkville has undertaken . 11 First of all , there was a 12 resolution setting tonight as a date, and in 13 accordance with that resolution, public 14 publication of this date and time had to be made 15 in the local newspaper . 16 In addition, all taxpayers who 17 own property within the proposed TIF were given a 18 special notice by certified mail . 19 Anyone living or owning 20 property within 750 feet of the TIF were also 21 notified that this property was going to be under 22 consideration by the City Council . 23 Copies of the proposed plan 24 were delivered to all the taxing districts , as Depo Court Reporting Service ( 630 ) 983-0030 5 1 well as the Department of Commerce and Economic 2 Opportunity. 3 A meeting of the taxing 4 districts was held approximately 30 days ago, and 5 fortunately by vote of the taxing districts , a 6 recommendation in writing is forthcoming to you 7 as a City Council to proceed with the TIF . 8 In addition, I would like to 9 read into the record the letter received from the 10 Illinois Department of Commerce and Economic 11 Opportunity . 12 Dear Mayor Prochaska : Thank 13 you for sending the Department of Commerce and 14 Economic Opportunity the information on a 15 hearing concerning the proposed Tax Increment 16 Financing project located within the City of 17 Yorkville . 18 The information sent to the 19 Department regarding the proposed project meets 20 the statutory requirements of notice concerning a 21 hearing, boundaries of the project , a description 22 of the redevelopment plan, and an opportunity to 23 comment . 24 At this time the Department has Depo Court Reporting Service ( 630 ) 983-0030 6 1 no specific comments on the proposed project . 2 Which is another statutory requirement we have 3 met . 4 At this time I would request 5 that the microphone be given to Lisa Lyon so that 6 she can explain first the eligibility and second 7 the purpose of the plan . 8 MAYOR PROCHASKA : Lisa , please . 9 WHEREUPON : 10 LISA LYON, 11 testified before the United City of Yorkville 12 City Council as follows : 13 MS . LYON : Sure . I don ' t know if 14 the lights can be dimmed a little bit for the 15 presentation . 16 Good evening . Thank you for 17 inviting me here to speak on behalf of the 18 process for the proposed establishment of a Tax 19 Increment Financing Redevelopment Project Area 20 for the U . S . Route 34 and Illinois Route 47 21 location, otherwise known as the Countryside 22 Shopping Center . 23 My firm is URS Corporation . We 24 are an urban planning and engineering design Depo Court Reporting Service ( 630 ) 983-0030 7 1 firm. Our firm has been consulting to 2 municipalities for the past 25 years on tax 3 increment financing, the eligibility aspects of 4 establishing a Tax Increment Financing District , 5 as well as the redevelopment planning components 6 and the financing components . 7 This evening I will summarize 8 our findings with regard to the eligibility for 9 the Illinois Tax Allocation Redevelopment Act, 10 which is the state statute, enabling statute , 11 governing the establishment of the TIF District 12 in Illinois , as well as the redevelopment plan . 13 There are two basic documents 14 that guide the implementation and the 15 administration of a TIF District ; the first is 16 the eligibility study, the second is the 17 redevelopment project and plan . 18 I thought I would start out a 19 little bit with some TIF basics . Tax increment 20 financing was established in Illinois in 1977 . 21 It came about at the time that many states were 22 looking for ways to provide municipalities with 23 comprehensive multi-year funding sources for 24 redevelopment and revitalization in their Depo Court Reporting Service ( 630 ) 983-0030 8 1 communities . 2 In that time , many federal 3 funding sources that had been available to 4 municipalities for those types of public purposes 5 had been -- they were increasingly being removed 6 from the federal menu of funding options . 7 It ' s a multi-year funding tool 8 to revitalize and redevelop blighted and 9 declining areas of communities as defined by the 10 TIF Act . 11 A TIF inplementation and 12 district does not increase tax rates . The engine 13 for the financing tool of TIF comes about as a 14 result of new private investment within an area 15 that ' s been established as a TIF District . 16 At the outset of establishing a 17 TIF, a municipality organizes various 18 redevelopment activities to stimulate private 19 investment in a location or in an area . 20 They facilitate the private 21 investment through public improvements , site 22 assembly, and other incentives to the private 23 development community to look at the geography or 24 the sites and properties encompassed within the Depo Court Reporting Service ( 630 ) 983-0030 9 1 TIF District , and to look at the hurdles to the 2 development that they are facing . 3 When new private investment 4 occurs within the District , property valuation is 5 enhanced and tax revenues are generated, and that 6 tax revenue that ' s generated becomes the pool of 7 funds that are used for those facilitating 8 redevelopment activities . Those funds are 9 targeted specifically to use within the TIF 10 District . 11 This graphic depicts the time 12 frame of the TIF . A TIF can be in place for as 13 long as 23 years by state statute . At the time 14 that a TIF is established, the base equalized 15 assessed valuation of the area is established, 16 and that becomes the base EAV of the area that 17 all the taxing districts levy a tax against . 18 Over the course of the TIF, as 19 new valuation comes online as a result of the 20 private investment , the tax rate of all taxing 21 districts applied against that new EAV -- 22 represented in green -- is distributed back to 23 the municipality to pay for those initial 24 redevelopment activities that are undertaken to Depo Court Reporting Service ( 630 ) 983-0030 10 1 trigger and stimulate the new private 2 investment . 3 At the time that the TIF is 4 dissolved, the benefits of this investment and 5 the leadership of the municipality are released 6 to all taxing districts as new EAV comes online 7 for all taxing districts to be the base against 8 which they can levy their taxes , and that ' s 9 represented by the orange area . 10 In this case , the U . S . Route 34 11 and Illinois Route 47 TIF project area is one tax 12 parcel , the Countryside Shopping Center . 13 For the purposes of evaluating 14 the TIF, we regard it as a single-site project 15 area of about twenty acres , and in terms of 16 classification, and the approach that we use for 17 establishing eligibility, it ' s classified as an 18 improved area , which means it has buildings and 19 site improvements . 20 The existing land and building 21 use is shown in the graphic here . The three 22 primary buildings of the shopping center and one 23 outlot , the cinema building, are included within 24 the TIF District . Depo Court Reporting Service ( 630 ) 983-0030 11 1 The outlots of that primary 2 core shopping center are not included within the 3 TIF District . We did evaluate them for potential 4 inclusion, but found that they were not eligible 5 based on the types of physical building 6 conditions present in those buildings . 7 The TIF Act requires that you 8 evaluate building conditions , site conditions , 9 property tax valuation, land use relationships of 10 the given properties within a proposed TIF 11 District, and they give a checklist of various 12 factors to be evaluated, and we did a detailed 13 exterior survey and, with the assistance of the 14 City of Yorkville, did an interior inspection of 15 code aspects of each of the buildings within the 16 TIF . 17 What we found is a meaningful 18 presence of five eligibility factors within the 19 proposed TIF District . 20 The law calls for five of 13 21 factors to be found to be present to a meaningful 22 extent and reasonably distributed, and we found 23 five of those factors , plus an additional four 24 factors among this checklist of 13 to be present Depo Court Reporting Service ( 630 ) 983-0030 12 1 also to a more limited degree, but supporting the 2 overall finding of eligibility . 3 The kind of characteristic 4 findings that we documented are excessive 5 vacancies , deterioration, particularly on site 6 improvements in exterior components of the 7 shopping center, obsolescence, both functional 8 and market obsolescence relating to the 9 configuration of the shopping center, the 10 location of loading and servicing and parking in 11 conjunction with the actual buildings , decline 12 and lagging equalized assessed valuation over the 13 last five years , structures below code standards , 14 and need for remediation within some portions of 15 the shopping center, which all support the 16 finding of eligibility . 17 What we found is that this 18 improved area qualifies as a blighted area under 19 the Tax Increment Allocation Redevelopment Act . 20 Other findings about the 21 property valuation, the property has been 22 declining over the past several years and 23 actually lagging over a longer term. 24 The average annual growth rate Depo Court Reporting Service ( 630 ) 983-0030 13 1 in the area from 1997 to 2003 was only 3 . 1 2 percent ; in the last two years it actually 3 declined in value . The average annual growth 4 rate for the balance of the city as a whole is 5 12 . 6 percent, so that ' s almost four times that of 6 the valuation of the shopping center, and that is 7 a specific type of requirement and factor that 8 the TIF Act defines . 9 The requirement under the TIF 10 Act is that a property either be declining or 11 lagging the rate of growth of equalized assessed 12 valuation of the City as a whole for three of the 13 last five years , so this meets that 14 qualification, and the area on the whole 15 qualifies as a TIF Redevelopment Project Area . 16 The goals of a redevelopment 17 plan, once eligibility is established and is 18 found that the area would not reasonably be 19 anticipated to be redeveloped without the benefit 20 of the TIF, is establishing various goals , 21 objectives , and land use plans to be in place for 22 the TIF District over its term of 23 years . 23 It ' s a guiding document, it ' s a 24 statement of intent that ' s presented to the Depo Court Reporting Service ( 630 ) 983-0030 14 1 community, as well as other taxing districts , and 2 also a guide for implementation throughout the 3 term of the TIF . 4 The goals for this TIF plan are 5 to first and foremost stabilize and enhance the 6 value of the property and increase the real 7 estate tax base for all taxing districts . 8 Again, that relates to that 9 graph that I talked about in the beginning, 10 growing the equalized assessed valuation as a 11 result of private investment so that that can be 12 established for all taxing districts at the end 13 of the TIF term. 14 Because this is a commercial 15 TIF District , it also presents the opportunity 16 for increasing full-time employment 17 opportunities , of course addressing the issues 18 and conditions that establish the area as a 19 blighted area under the TIF Act . 20 It also presents the 21 opportunity for increasing the sales tax base 22 associated with this property . It ' s at an 23 excellent location . It has challenges based on 24 the way the site is currently configured, and the Depo Court Reporting Service ( 630 ) 983-0030 15 1 opportunity for increasing sales tax is 2 significant and helps for the diversity of the 3 revenue base with this location . Improving the 4 overall appearance and vitality and really 5 establishing -- re-establishing this location as 6 an anchor of a real primary commercial corridor 7 district of the city, which is consistent -- all 8 of these goals are consistent with the 9 Comprehensive Plan that the City has adopted as a 10 whole, and specifically some of the targeted 11 goals for this district . 12 So the land use plan is very 13 simple . It is a commercial designation . And 14 again, that ' s consistent with the Comprehensive 15 Plan and the Zoning District . 16 The overall specific goals for 17 the types of development to occur within the TIF 18 District would be for a real cohesive and 19 distinctive , active shopping area with commercial 20 and retail uses with a real emphasis on retail 21 uses , and providing contemporary space for 22 retail , service and restaurant resources , all the 23 things that were initially intended for that 24 location and were part of the original concept of Depo Court Reporting Service ( 630 ) 983-0030 16 1 the Countryside Shopping Center, but over the 2 years have continued to decline , and so the 3 opportunity to redevelop the site for those types 4 of uses is part of this land use plan and 5 redevelopment plan for the TIF District , also 6 providing safe and convenient access , addressing 7 issues with regard to loading, servicing, 8 parking, vehicular, as well as pedestrian access , 9 and circulation are important , and really using 10 this as an opportunity to establish a strong 11 design component to the corridor with quality 12 building materials , pedestrian amenities , 13 distinctive signage , and landscaping, all of the 14 things that are part of your Comprehensive Plan, 15 all of the things that you state for your 16 commercial districts . 17 What we did is we included a 18 site -- a site plan and a land use plan that 19 could accommodate various arrangements of 20 development within the TIF District . 21 Basically any arrangement would 22 really call for anywhere between 165 , 000 to 23 175 , 000 square feet of retail . 24 In this case it shows an anchor Depo Court Reporting Service ( 630 ) 983-0030 17 1 with various smaller retail shops with a central 2 parking area, and then, of course , the existing 3 outlots remain . 4 This is another site plan 5 version, which would be a single big box home 6 improvement center style development with the 7 opportunity for a couple of retail outlots . 8 Another big box configuration 9 that speaks to a department store configuration, 10 department discount store , with again outlot 11 opportunities for office and retail . 12 This is another configuration 13 that allows for an anchor tenant , as well as some 14 junior anchors and smaller infill retail stores 15 and a couple of outlot configurations , all really 16 taking advantage of the site , enhancing the 17 visibility of the site , as well as arranging the 18 buildings to maximize the type of retail activity 19 that could occur there , as well as providing for 20 contemporary site plan amenities like the 21 arrangement of the parking relative to the 22 entrances, as well as landscaping access off of 23 Route 47 , improving that access , as well as 24 having access and better circulation and flow Depo Court Reporting Service ( 630 ) 983-0030 18 1 with the existing outlots . 2 This is a rendering of some of 3 the features that could be part of a new 4 redevelopment of the shopping center . 5 What ' s most prominent , there is 6 not much of a depiction of the building, but it 7 does give some sense of the building material 8 that could be incorporated into the design, as 9 well as how the parking could include landscape 10 amenities and features and be configured more to 11 the entrances and to the sidewalk areas of the 12 shopping center . 13 In terms of trying to stimulate 14 that private investment in the shopping center, 15 the primary upfront redevelopment activities that 16 would be sponsored by the TIF Act -- by the TIF 17 plan and are permitted under the TIF Act would be 18 public infrastructure improvements , assisting 19 with site assembly and demolition, which are the 20 primary hurdles to redevelopment at the site, as 21 well as some site preparation, some grading, and 22 some environmental remediation associated with 23 some areas of the existing buildings . 24 The TIF potential and the plan Depo Court Reporting Service ( 630 ) 983-0030 19 1 costs, what we did is we looked at the current 2 EAV of the property, which is approximately 1 . 5 3 million, and projected if 175, 000 square feet of 4 retail development were to be redeveloped on the 5 site and phased in over the next few years , the 6 estimated EAV in the TIF term end would be 7 approximately 8 . 5 million and the TIF term would 8 be 2028 , would be the final year of the TIF . 9 That increase in equalized 10 assessed valuation over the course of each year 11 would generate tax, property tax revenues , of 12 approximately 7 . 2 million, and if we were to 13 identify how those incremental revenues could be 14 spent on those redevelopment activities , again, 15 we have identified them for the types of things 16 that are creating basically the barrier or the 17 hurdle to any private investment at this point . 18 First and foremost is property 19 assembly and preparation; that represents the 20 lion ' s share of the TIF budget, which is 21 approximately five million, and then other 22 significant activities would be the public 23 infrastructure that would be required, 24 particularly access off of 47 . Depo Court Reporting Service ( 630 ) 983-0030 20 1 Other line items are somewhat 2 place holders for activities that may be 3 considered in the future, including the 4 opportunity for job training, if there is an 5 opportunity for the users or the tenants of the 6 TIF District to work with local schools or a 7 community college to work on any kind of a co-op 8 program, that would be a place holder for funding 9 a portion of that , as well as other activities 10 that may be required over the 23-year term. I1 That concludes really the 12 formal presentation of the eligibility findings 13 and the redevelopment plan, and I think I would 14 ask if the light could be raised, and turn it 15 back over to the Mayor . 16 MAYOR PROCHASKA : Okay . Now, at 17 this time I would ask if there is anyone that has 18 any comments , questions , testimony that they 19 would like to maybe put to the City Council 20 dealing with this project, if you would come 21 forward, state your name, and give us your 22 testimony, and at this time I ' d like to open the 23 floor . 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 21 1 JOHN PURCELL, 2 testified before the United City of Yorkville 3 City Council as follows : 4 MR . PURCELL : Thank you for the 5 opportunity to speak, Art . I appreciate it . 6 The comments I am about to make 7 don ' t necessarily represent my view, but I was 8 asked by the Kendall County Board to represent 9 the County Board ' s opinion on this . 10 For the record, my name is John 11 Purcell , and I am a member of the Kendall County 12 Board . 13 There was a previous meeting a 14 couple weeks ago, which unfortunately the 15 Chairman of the Board did not have an opportunity 16 to appoint anyone to represent us , although Jeff 17 was the administrator, he was not -- he was not a 18 voting member of that committee . 19 The County ' s thoughts on this 20 are it ' s the first or second busiest intersection 21 in one of the ten fastest growing counties in the 22 United States . 23 Although, as this showed, it is 24 definitely outdated and it ' s -- you know, it ' s -- Depo Court Reporting Service ( 630 ) 983-0030 22 1 the design needs to change, there is no doubt 2 about it, but seeing that there is the growth in 3 the area, and particularly one of the concerns 4 the County Board has is the length of the TIF, I 5 know it can go up to 23 years , I ' ve heard talks 6 as low as 10 to 12 years , but one of the concerns 7 the County does have is not just for the County, 8 but other taxing bodies , particularly the 9 schools , which take about 60 to 65 percent of the 10 taxing -- or the tax dollars from each particular I1 parcel . 12 You ' re going to lose that 13 incremental value, which is going to be quite a 14 bit whether this gets developed now or two or 15 three years , you know, that next seven to eight 16 all the way up to potentially 20 to 21 years , 17 there are some -- excuse me , where there is an 18 incremental value , that additional value will not 19 go to the taxing bodies , the schools , the Forest 20 Preserve District, the County, the Fire District , 21 Waubonsee Community College , for example . That ' s 22 one of the concerns . 23 Another concern, or thought I 24 should say, is that the County or the City has Depo Court Reporting Service ( 630 ) 983-0030 23 1 used sales taxes to, for example, help out the 2 Tucker Development for Jewel and also Menards , 3 and we think maybe that ' s an appropriate use 4 instead of -- instead of taking the additional 5 property value tax dollars from the other taxing 6 bodies , perhaps use your own sales tax, which 7 doesn ' t affect any of the other taxing bodies 8 whatsoever . 9 And then finally, just one 10 other thought -- and again, this is just -- this I1 is what the County has done just recently -- we 12 as a County have looked at potentially -- we 13 haven ' t done this with any properties yet , but we 14 have said we would consider as a County Board the 15 property tax abatements , which would be shorter 16 term, perhaps one to four years , and that might 17 be something that you may want to look at, and 18 perhaps the County would participate in that . So 19 thank you for your time . Appreciate it . 20 MAYOR PROCHASKA: Did you have -- 21 MS . ORR : I would like to -- Having 22 been at the Joint Review Board, your concerns 23 were expressed by other taxing districts at that 24 time, and the redevelopment agreement has not Depo Court Reporting Service ( 630 ) 983- 0030 24 1 been negotiated yet . 2 MR. PURCELL : I ' m sorry, I didn ' t -- 3 MS . ORR : A redevelopment agreement 4 has not -- 5 MR. PURCELL : Okay . 6 MS . ORR : -- been negotiated yet to 7 determine the time of the TIF, the length of the 8 TIF, but there is two ways to go on the TIF, 9 which we have to investigate as a consultant , as 10 special counsel . 11 What we are looking at, in all 12 honesty -- and we said this to the other taxing 13 districts -- is perhaps to use the 23 years to 14 get a better rate on the bonds and then declare 15 surplus every year, which might put our taxing 16 districts in a much better condition . 17 We know -- We believe that it 18 would put the schools because it wouldn ' t allow 19 the EAV to be increased so that they would lose 20 their state aid, so the comments of the taxing 21 districts , as well as now, thank you, 22 Mr . Purcell , of the County are well noted and are 23 exactly what we are trying to negotiate in terms 24 of the redevelopment project . Depo Court Reporting Service ( 630 ) 983-0030 25 1 But if it goes to 23 years , it 2 will only be because we intended to declare 3 surplus as soon as the debt service is paid . 4 Number two, the City is 5 committed to pledging the sales tax also to the 6 other various taxing districts, and I think that 7 was a very important message, and that is why the 8 JRB recommended it, recommended we proceed with 9 the project . 10 And, number three, the real 11 problem that you have, as fantastic and fabulous 12 a corridor as this is where the center is 13 located, is you run into a significant problem. 14 We have so much vacant land 15 here that it ' s so much easier for a developer to 16 go in and build . It ' s so much more costly and 17 less economically profitable to go into an area 18 where you first have to erase and then start all 19 over , and that ' s the struggle here . 20 But I think your concerns have 21 been expressed and I think you are hearing what 22 we reported to the City Council . 23 MR. PURCELL : Super . I appreciate 24 the opportunity to speak and I appreciate the Depo Court Reporting Service ( 630 ) 983-0030 26 1 opportunity for you to respond . Thank you . 2 MAYOR PROCHASKA : Is there someone 3 else who would like to come forward? 4 (No Response ) 5 MAYOR PROCHASKA : All right . I 6 would ask is there any comment from the Council 7 at this point? 8 MS . OHARE : I would -- 9 MR. STICKA : I just have one just 10 general comment . Not too long ago you were asked 11 for some goals or to suggest some long-term goals 12 for the City; one of them was to bring in retail 13 sales , and this clearly is a project whose 14 principal goal is to bring in retail sales . 15 It dovetails exactly into what 16 we set as the Council not too long ago as one of 17 our goals , which is I think something we are 18 aware of . 19 MAYOR PROCHASKA : Okay . Now would 20 you like -- Valerie , you would like to -- Oh, 21 Wanda . 22 MS . OHARE : I was going to ask a 23 question, but I think it ' s too early for it . 24 MAYOR PROCHASKA : Okay . Depo Court Reporting Service ( 630 ) 983-0030 27 1 MS . BURD : I ' d like to ask a 2 question . 3 MAYOR PROCHASKA : Yes . 4 MS . BURD : Would you explain -- You 5 mentioned that we had committed our sales tax . 6 Would you explain that? 7 MS . ORR : I can ' t -- 8 MAYOR PROCHASKA : I will do that . 9 At the meeting of the Joint Review I was asked if 10 the City would be interested in putting some of 11 the sales tax towards it, and what I told the 12 Joint Committee , is that I would be willing to 13 take that back to the Council for the use , and if 14 it stayed within the guidelines that the City 15 normally uses , which is for public 16 infrastructure -- / 7 MS . BURD : Right . 18 MAYOR PROCHASKA : -- and those types 19 of things , which there is some of those in this 20 project , then I would take it back to the Council 21 and look at it , but -- 22 MS . BURD : What she had said before , 23 it surprised me , because I hadn ' t committed 24 anything yet . Depo Court Reporting Service ( 630 ) 983-0030 28 1 MAYOR PROCHASKA : Okay . 2 MS . ORR : And we have not really 3 negotiated a redevelopment agreement to have an 4 understanding of how much, for what, and when, so 5 I ' m sorry if I misspoke, but that the Mayor has 6 corrected . 7 MS . BURD : You can ' t really do 8 anything without us voting . 9 MS . ORR : I know . I guess it ' s your 10 word . 11 MS . BURD : Okay . 12 MAYOR PROCHASKA : Anyone else? 13 (No Response ) 14 MAYOR PROCHASKA : With that I would 15 entertain a motion to close the public hearing . 16 MS . OHARE : So moved. 17 MS . SPEARS : Second . 18 MS . BURD: Second. 19 MAYOR PROCHASKA : All right . Moved 20 and seconded . May I have roll call , please? 21 MS . MILSCHEWSKI : Burd . 22 MS . SURD : Aye . 23 MS . MILSCHEWSKI : James . 24 MR. JAMES : Aye . Depo Court Reporting Service ( 630 ) 983-0030 29 1 MS . MILSCHEWSKI : Ohare . 2 MS . OHARE : Aye . 3 MS . MILSCHEWSKI : Spears . 4 MS . SPEARS : Aye . 5 MS . MILSCHEWSKI : Sticka . 6 MR. STICKA: Aye . 7 MS . MILSCHEWSKI : Besco . 8 MR . BESCO : Aye . 9 MAYOR PROCHASKA : Motion is carried . 10 The public hearing is closed . 11 (Which were all the 12 proceedings reported 13 at the date and time 14 aforementioned . ) 15 ---000--- 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 30 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS/ WHEREOF I have hereuntoy� set /12 15 my hand this /%�t6 day of ; City Council- Yorkville Multi-Pagem & - declare November 23, 2004 18:17 arrangements[1] 16:19 business[1] 30:7 concerning[2] 5:15,20 -&- active[1] 15:19 arranging[1] 17:17 concerns[5] 22:3,6,22 &[1] 2:14 activities[s] 8:18 9:8 Art[1] 21:5 -C- 23:22 25:20 9:24 18:15 19:14,22 20:2 ARTHUR[1] 2:2 C[ll 2:13 concludes[1] 20:11 20:9 aspects[2] 7:3 11:15 condition[1] 24:16 -0- P C.S.R[2] 1:8 30:20 activity[I] 17:18 assembly[3] 8:22 18:19 conditions[4] 11:6,8,8 084-002883[i] 30:21 Y calls[i] 11:20 actual[i] 12:11 19:19 14:18 addition[2] 4:16 5:8 assessed[5] 9:15 12:12 carried[z] 3:24 29:9 configuration[4] 12:9 -1- additional[3] 11:23 13:11 14:10 19:10 case[2] 10:10 16:24 17:8,9,12 1.5[1] 19:2 22:18 23:4 assistance[1] 11:13 center[14] 6:22 10:12,22 configurations[1] 12.6[i] 13:5 addressing[z] 14:17 11:2 12:7,9,15 13:6 16:1 17:15 assisting[1] 18:18 17:6 18:4,12,14 25:12 16:6 configured[2] 14:24 165,000[1] 16:22 associated[2] 14:22 central[1] 17:1 175,000[2] 16:23 19:3 administration[i] 7:15 18:22 18:10 administrator[1] 21:17 ASSOCIATES[1] 2:14 certified[z] 4:18 30:5 conjunction[1] 12:11 1977[1] 7:20 Chairman[i] 21:15 1990[1] 2:14 available[1] 8:3 consider[i] 23:14 adopted[1] 15:9 ilbl advantage[i] 17:16 average z challenges[i] 14:23 consideration[i] 4:22 1997[1] 13:1 ag [ ] 12:24 13:3 change[1] 22:1 affect[1] 23:7 aware[1] 26:18 gconsidered[1] 20:3 -2- aforementioned[1] Aye[12] 3:13,15,17,19,21 characteristic[1] 12:3 consistent[3] 15:7,8,14 29:14 3:23 28:22,24 29:2,4,6,8 Checklist[2] 11:11,24 consultant[1] 24:9 2003[1] 13:1 aforesaid[1] 30:12 Chicago[1] 2:15 consulting[1] 7:1 2004[2] 1:9 30:16 again[s] 14:8 15:14 -B- CHRISTINE[3] 1:8 contains[1] 30:12 2028[1] 19:8 17:10 19:14 23:10 30:4,20 contemporary balance[i] 13:4 p ary[2] 15:21 23-year[1] 20:10 against[3] 9:17,21 10:7 cinema[1] 10:23 17:20 25[1] 7:2 ago[4] 5:4 21:14 26:10 barrier[�] 19:16 circulation[z] 16:9 continued[I] 16:2 26:16 base[6] 9:14,16 10:7 14:7 17:24 convenient[1] 16:6 14:21 15:3 city 27 1:1,2,10 2:9,10 -3_ agreement[3] 23:24 �'[ ] Copies[1] 4:23 24:3 28:3 based[2] 11:5 14:23 3:5 4:3,10,22 5:7,16 6:11 3.1 [1] 13:1 basic[1] 7:13 6:12 11:14 13:4,12 15:7,9 core[1] 11:2 aid[t] 24:2020:19 21:2,3 22:24 25:4 Corporation[1] 6:23 30[1] 5:4 Alderman[3] 2:3,4,5 basics[1] 7:19 25:22 26:12 27:10,14 34[2] 6:20 10:10 correct[1] 30:11 Alderwoman[3] 2:6,7 becomes[2] 9:6,16 classification[1] 10:16 2:8 beginning[�] 14:9 corrected[1] 28:6 classified[1] 10:17 -4- Allegiance[1] 3:2 behalf[1] 6:17 corridor[3] 15:6 16:11 clearly[1] 26:13 25:12 47[4] 6:20 10:11 17:23 Allocation[2] 7:9 12:19 below[1] 12:13 Clerk[1] 2:10 costly[1] 25:16 19:24 allow[2] 4:3 24:18 benefit[1] 13:19 allowing[1] 4:6 benefits[1] 10:4 close[1] 28:15 costs[1] 19:1 -6- allows p] 17:13 Besco[6] 2:5 3:9,12,13 closed[1] 29:10 Council[12] 1:1 4:4,22 CO-Op[i] 20:7 5:7 6:12 20:19 21:3 25:22 60[1] 22:9 almost[1] 13:5 29:7,8 26:6,16 27:13,20 60606[1] 2:15 amenities[3] 16:12 better[3] 17:24 24:14,16 Code[z] 11:15 12:13 counsel[1] 24:10 17:20 18:10 between[1] 16:22 cohesive[1] 15:18 65[�] 22:9 college[2] 20:7 22:21 counties[1] 21:21 among[1] 11:24 big[2] 17:5,8 Countryside[3] 6:21 _7_ anchor[3] 15:6 16:24 bit[3] 6:14 7:19 22:14 Comment[3] 5:23 26:6 10:12 16:1 17:13 26:10 7.2[1] 19:12 blighted[3] 8:8 12:18 comments[4] 6:1 20:18 County[la] 21:8,9,11 750[1] 4:20 anchors[1] 17:14 14:19 22:4,7,7,20,24 23:11,12 ANN[1] 2:8 Board[6] 21:8,12,15 22:4 21:6 24:20 23:14,18 24:22 30:2 7:00[1] 1:9 annual[z] 12:24 13:3 23:14,22 Commerce(3] 5:1,10,13 County's[1] 21:19 cOmnierCial anticipated[1] 13:19 Board's[1] 21:9 15:6,13,19 16:16 14:14 couple[3] 17:7,15 21:14 -g appearance[1] 15:4 bodies[4] 22:8,19 23:6,7 committed[3] 25:5 27:5 course(a] 9:18 14:17 8.5[1] 19:7 applied[1] 9:21 bonds p] 24:14 27:23 17:2 19:10 800[1] 1:10 appoint[1] 21:16 boundaries[1] 5:21 committee[2] 21:18 creating[1] 19:16 appreciate[4] 21:5 boa[2] 17:5,8 27:12 CSR[1] 30:21 -A- 23:19 25:23,24 bring[2] 26:12,14 communities[2] 8:1,9 current[1] 19:1 abatements[1] 23:15 approach[1] 10:16 budget[1] 19:20 community[4] 8:23 above-entitled[1] 1:7 appropriate[1] 23:3 build[1] 25:16 14:1 20:7 22:21 -D- access[6] 16:6,8 17:22 area[23] 4:5,7 6:19 8:14 building[7] 10:20,23 component[1] 16:11 D-741604 p] 1:21 17:23,24 19:24 8:19 9:15,16 10:9,11,15 11:5,8 16:12 18:6,7 components[3] 7:5,6 date[3] 4:12,14 29:13 accommodate[1] 16:19 10:18 12:18,18 13:1,14 buildings[�] 10:18,22 12:6 days[1] 5:4 13:15,18 14:18,19 15:19 11:6,15 12:11 17:18 18:23 comprehensive[4] 7:23 accordance[1] 4:13 17:2 22:3 25:17 dealing[1] 20:20 acres[�] 10:15 Burd[12] 2:6 3:14,15 27:1 15:9,14 16:14 Dear[1] 5:12 areas[3] 8:9 18:11,23 27:4,17,22 28:7,11,18,21 concept[I] 15:24 Act[9] 7:9 8:10 11:7 arrangement[2] 16:21 28:22 concern[1] 22:23 debt[1] 25:3 12:19 13:8,10 14:19 18:16 17:21busiest[I] 21:20 declare[2] 24:14 25:2 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 City Council - Yorkville Multi-Page`m decline -leadership November 23, 2004 decline[2] 12:11 16:2 19:2,6 24:19 facing[1] 9:2 governing 111 7:11 increasingly[11 8:5 declined[i1 13:3 Economic[31 5:1,10,14 factory.] 13:7 grading[i1 18:21 increment[7] 3:6 5:15 declining[3] 8:9 12:22 economically(i1 25:17 factors(s1 11:12,18,21 graph[i1 14:9 6:19 7:3,4,19 12:19 13:10 eight[1] 22:15 11:23,24 graphic[2] 9:11 10:21 incremental[3] 19:13 defined[i1 8:9 fantastic[i1 25:11 22:13,18 either[i1 13:10 green[i1 9:22 defines[i1 13:8 eligibility[ii1 4:5 6:6 Farm[11 1:10 growing[z1 14:10 21:21 infill[1] 17:14 definitely[11 21:24 7:3,8,16 10:17 11:18 12:2 fastest[11 21:21 growth[41 12:24 13:3,11 information[2] 5:14,18 degree[i] 12:1 12:16 13:17 20:12 features[2] 18:3,10 22:2 infrastructure[3] 18:18 delivered[i1 4:24 eligible[11 11:4 federal[2] 8:2,6 guess[1] 28:9 19:23 27:16 demolition[i] 18:19 emphasis[i1 15:20 feet[31 4:20 16:23 19:3 guide[2] 7:14 14:2 initial[1] 9:23 department[7] 5:1,10 employment[11 14:16 few[11 19:5 guidelines[1] 27:14 inplementation[1] 5:13,19,24 17:9,10 enabling[1] 7:10 FIELD[2] 2:14,15 guiding[11 13:23 8:11 depiction[i1 18:6 encompassed[i1 8:24 final[i1 19:8 inspection 11:14 depicts[1] 9:11 end(21 14:12 19:6 finally[11 23:9 -H- instead[2] 23:3:4,4 description[i1 5:21 engine[11 8:12 financing[s1 3:6 5:16 intended[21 15:23 25:2 hand[11 30:15 intent[i1 13:24 design[41 6:24 16:11 engineering[1] 6:24 6:19 7:3,4,6,20 8:13 heard[i1 22:5 18:8 22:1 enhance[i1 14:5 finding[2] 12:2,16 heainterested[1]1 27:10 designation[i1 15:13 enhanced[11 9:5 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incorporated 111 18:8 landscaping[2] 16:13 -E- increase[3] 8:12 14:6 17:22 F[11 2:2 goal(i1 26:14 E[4] 2:1,1,13,13 goals[9] 13:16,20 14:4 19:9 LASALLE[i1 30:2 fabulous[1] 25:11increased[i1 24:19 early[11 26:23 facilitate(i1 8:20 15:8,11,16 26:11,11,17 last[3] 12:13 13:2,13 easier[1] 25:15 goes[i1 25:1 increasing[31 14:16,21 law[i1 11:20 EAV[6] 9:16,21 10:6 facilitating[1] 9:7 Good[i1 6:16 15:1 leadership[11 10:5 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 City Council - Yorkville Multi-Page'` legal-Reporter November 23, 2004 legal[t] 4:9 28:21,23 29:1,3,5,7 opinion[1] 21:9 points[1] 4:2 purposes[2] 8:4 10:13 length[2] 22:4 24:7 misspoke[1] 28:5 opportunities[2] 14:17 pool[1) 9:6 put[3] 20:19 24:15,18 less[1] 25:17 most[i] 18:5 17:11 portion[i] 20:9 putting[1] 27:10 letter[i] 5:9 motion[a] 3:4,24 28:15 opportunity[16] 5:2,11 portions[i) 12:14 levy[2] 9:17 10:8 29:9 5:14,22 14:15,21 15:1 potential[z] 11:3 18:24 -Q- moved[al 3:8,10 28:16 16:3,10 17:7 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menu[1] 8:6 Ohare[9] 2:7 3:8,18,19 16:18 17:4,20 18:17,24 P g[3] 15:21 16:6 message[i] 25:7 26:8,22 28:16 29:1,2 20:13 17:19 remediation[2] 12:14 once[1] 13:17 planning[2] 6:24 7:5 public[111 3:4 4:13 8:4 18:22 met(i) 6:3 8:21 18:18 19:22 27:15 removed[1] 8:5 microphone[�] 6:5 one[12) 2:14 10:11,22 plans[i] 13:21 28:15 29:10 30:9,13 P rendering[I] 18:2 21:21 22:3,6,22 23:9,16 Pledge[1] 3:1 might[2) 23:16 24:15 publication[1] 4:14 REPORT[1] 1:6 26:9,12,16 pledging[1] 25:5 million[4] 19:3,7,12,21 online[z) 9:19 10:6Purcell[r] 21:1,4,11 24:2 reported[3] 25:22 29:12 MILSCHEWSKI[13] plus[�) 11:23 24:5,22 25:23 30:8 2:10 3:12,14,16,18,20,22 open[i) 20:22 point[2) 19:17 26:7 purpose[2] 3:4 6:7 PSP Reporter pi 30:6,7 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 City Council - Yorkville Multi-Page` represent - Zoning November 23, 2004 represent[3] 21:7,8,16 shops[i] 17:1 style[i] 17:6 transcript[1] 30:11 whatsoever[i] 23:8 represented[z] 9:22 shorter[1] 23:15 suggest[1] 26:11 Treasurer[1] 2:9 WHEREOF[1] 30:14 10:9 shorthand[3] 30:6,8,11 Suite[1] 2:14 trigger[I] 10:1 whole[4] 13:4,12,14 represents[1] 19:19 showed[1] 21:23 summarize[1] 7:7 true[1] 30:10 15:10 request[1] 6:4 shown[1] 10:21 Super[1] 25:23 trying[z] 18:13 24:23 WILLIAM[1] 2:9 required[2] 19:23 20:10 shows[1] 16:24 support[i] 12:15 Tucker[1] 23:2 willing[1] 27:12 requirement[3] 6:2 13:7 sidewalk[1] 18:11 supporting[1] 12:1 turn[1] 20:14 within[16] 4:17,20 5:16 13:9 signage[1] 16:13 surplus[2] 24:15 25:3 twenty[I] 10:15 8:14,24 9:4,9 10:23 11:2 requirements[1] 5:20 11:10,15,18 12:14 15:17 significant[3] 15:2 surprised[i] 27:23 two[s] 7:13 13:2 22:14 16:20 27:14 requires[i] 11:7 19:22 25:13 24:8 25:4 resolution[2] 4:12,13 survey[i] 11:13 without[z] 13:19 28:8 simple[�] 15:13 sworn[1] 30:5 type[z] 13:7 17:18 resources[1] 15:22 single[1] 17:5 types[6] 8:4 11:5 15:17 WITNESS[1] 30:14 word[1] 28:10 respond[I] 26:1 single-site[1] 10:14 -T- 16:3 19:15 27:18 Response[z] 26:4 28:13 site[16] 8:21 10:19 11:8 writing[1] 5:6 T[i] 2:1 restaurant[1] 15:22 12:5 14:24 16:3,18,18 -U- result result[3] 8:14 9:19 14:11 17:4,16,17,20 18:19,20 g[2] 17:16 23:4 -Y- 18:21 19:5 talks[1] 22:5 U.S[z] 6:20 10:10 retail[12] 15:20,20,22 under[s] 4:21 12:18 13:9 year[3] 19:8,10 24:15 16:23 17:1,7,11,14,18 sites[1] 8:24 targeted[2] 9:9 15:10 14:19 18:17 • years[16] 7:2 9:13 12:13 19:4 26:12,14 smaller[z] 17:1,14 tax[27] 3:5 5:15 6:18 7:2 12:22 13:2,13,22 16:2 7:4,9,19 8:12 9:5,6,17,20 undertaken[z] 4:10 19:5 22:5,6,15,16 23:16 revenue[2] 9:6 15:3 someone[1] 26:2 9:24 revenues[3] 9:5 19:11 somewhat[1] 20:1 10:11 11:9 12:19 14:7,21 24:13 25:1 15:1 19:11,11 22:10 23:5 unfortunately[1] 21:14 yet[a] 23:13 24:1,6 27:24 19:13 soon[1] 25:3 23:6,15 25:5 27:5,11 United[s] 1:2 3:5 6:11 Review[z] 23:22 27:9Yorkville[s] 1:2,10 3:5 sorry[z] 24:2 28:5 taxes[2] 10:8 23:1 21:2,22 4:10 5:17 6:11 11:14 21:2 revitalization[1] 7:24 sources[2] 7:23 8:3 taxing[20] 4:24 5:3,5 up[2] 22:5,16 revitalize[1] 8:8 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stabilize[i] 14:5 thought[3] 7:18 22:23 23:10 14:10 19:10 says[1] 30:5 standards[1] 12:13 thoughts[1] 21:19 value[6] 13:3 14:6 22:13 Schools[4] 20:6 22:9,19 start[z] 7:18 25:18 three[a] 10:21 13:12 22:18,18 23:5 24:18 state[7] 7:10 9:13 16:15 22:15 25:10 various[6] 8:17 11:11 second[6] 3:9 6:6 7:16 20:21 24:20 30:1,7 13:20 16:19 17:1 25:6 21:20 28:17,18 through[i] 8:21 statement[1] 13:24 throughout[i] 14:2 vehicular[1] 16:8 seconded[2] 3:11 28:20 states[z] 7:21 21:22 version[1] 17:5 7 seeing[1] 22:2 statute[3] 7:10,10 9:13 TIF[15sa] 4:6:10,11, 35,1 view[1] 21:7 sending[i] 5:13 7:11,15,19 8:10,11,13,15 statutory[2] 5:20 6:2 8:17 9:1,9,12,12,14,18 visibility[1] 17:17 sense[1] 18:7 stayed[1] 27:14 10:3,11,14,24 11:3,7,10 vitality[1] 15:4 sent[i] 5:18 Sticks[6] 2:3 3:22,23 11:16,19 13:8,9,15,20,22 NOSH[3] 1:8 30:4,20 service[2] 15:22 25:3 26:9 29:5,6 14:3,4,13,15,19 15:17 16:5,20 18:16,16,17,24 vote[I] 5:5 servicing[z] 12:10 16:7 stimulate[3] 8:18 10:1 19:6,7,8,20 20:6 22:4 24:7 voting[z] 21:18 28:8 set[2] 26:16 30:14 18:13 24:8,8 setting[1] 4:12 store[2] 17:9,10 times[i] 13:5 -w- seven[1] 22:15 stores[1] 17:14 tonight[z] 4:9,12 14 several[2] 4:9 12:22 strong[1] 16:10 Wacker 2:72 too[3 26:21 26:10,16,23 Wanda rda[z]]] 26:21 share[i] 19:20 structures[1] 12:13 tool[z] 8:7,13 shopping[13] 6:22 10:12 struggle[I] 25:19 towards[1] 27:11 Waubons:2 [�] 22:21 p 10:22211g 12:7, 9,1513:6 study[1] 7:16 training[1] 20:4 ways[2] 7:2224:8 15:19 16:1 18:4,12,14 weeks[1] 21:14 Depo Court Reporting Service Index Page 4 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY.DECEMBER 28.2004. Guest Mayor Bill Roberts of the City of Plano 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 Absent Sticka Absent Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward N Besco Present Spears Present Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Dan Kramer, Police Lieutenant Schwartzkopf,Director of Public Works Dhuse,Finance Director Pleckham, and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Roberts asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that Item#1—Resolution Approving the Tuition Reimbursements Policy and Item#2—Resolution Approving the Volunteer Sick Leave Donation be removed from the Consent Agenda and placed on the regular agenda under the Administration Committee Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,January 24,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,January 20,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,January 6,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,January 13,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M.,Wednesday,January 19,2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS Plano Route 47 Resolution Mayor Roberts stated that he was approached by Mayor Prochaska and Alderman Spears to support Yorkville's effort to get Illinois Department of Transportation to improve Route 47. The Minutes of the Regular Meeting of the City Council—December 28.2004-page 2 He stated that in the past he has teamed with Mayor Prochaska to talk to IDOT about Route 34 improvements and in a show of support for Yorkville,Plano has approved the City of Plano Resolution R2004-28—Supporting Route 47 Improvements. Mayor Roberts read the resolution to the Council(see attached). Certificate of Appreciation—City of Plano Mayor Prochaska presented Mayor Roberts and the Plano City Council with a Certificate of Appreciation in recognition for being the first to approve a resolution supporting Yorkville's request for Route 47 improvements. He thanked the Mayor and his Council for their support. Mayor Roberts thanked Mayor Prochaska for the past,present and future good relationship that the City of Plano has with the United City of Yorkville. He noted that more is accomplished by cooperating with each other. CONSENT AGENDA 1. Police Reports for November 2004 2. Resolution 2004-48 Authorizing Deputy Clerk to Accept Election Nominating Petitions-authorize the Mayor and City Clerk to execute 3. Yorkville Youth Baseball and Softball Association 2005 Agreement—approve renewal of agreement and the waiving of fees associated with the use of the fields and authorize the Mayor to execute 4. Final Acceptance of River's Edge Unit 2—accept public improvements and reduce the Letter of Credit in an amount not to exceed$117,916.13 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Kot;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Munns-aye,Spears-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the Committee of the Whole meeting from November 18,2003;seconded by Alderman Besco. Alderman Spears asked for an estimate of how many sets of minutes were still outstanding and Clerk Milschewski stated about five and that the current minute takers were helping to transcribe them. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated December 17,2004 totaling the following amounts:checks in the amount of $1,859,714.61(vendor);$153,154.35(payroll period ending 11/27/04)for a total of $2,012,868.96;seconded by Alderman Besco Alderman Spears questioned the following items on the bill list: o Item 2,page 3—Caywood&Associates for$300.00(Policy for A.Graff)-Mayor Prochaska stated that this was payment of Administrator Graff's life insurance which is part of his contract with the United City of Yorkville o Item 4,page 3—Channel 2 Publishing for$1,581.75(25 VHS Tapes,100 DVDs)- Mayor Prochaska stated that this was for the Pat Summerall video. He explained that the City is paying for the videos;some will be given away and others will be sold and the funds reimbursed. Administrator Graff stated that 51 copies have already been paid for by the Yorkville Economic Development Corporation. o Item 5,page 15—Gardner,Carton&Douglas for$14,399.49(Bldg/Zone—Legal Services)-Administrator Graff stated that this payment could either be for the firms work on the legal opinion regarding a quarry or the Pollution Control Ordinance. Alderman Spears asked how the firm was located and Attorney Kramer stated that this is the firm the City has been using for environmental issues such as the radium issue. o Item 2,page 17—International Codes for$400.00(#5—Oak Brook Bank plan preview that needs to be paid back to ICCI)-Administrator Graff stated that the Oak Brook Bank will be paying for this. Mayor Prochaska noted that the bank has decided not to build in Yorkville. The Minutes of the Regular Meeting of the City Council—December 28,2004—page 3 o Item 2,page 31—Seyfarth,Shaw,Fairweather for$538.75(IT Job Description)- Administrator Graff stated that the fee was for the IT Job Description along with other Human Resource questions. o Item 1,page 32—Software Performance for$1.798.00(2 HP Workstations for Mayor and City Attorney,etc.)-Mayor Prochaska stated that the fee is to replace the computer in the Mayor's office and to purchase one for the new Human Resource person. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye REPORTS MAYOR'S REPORT Committee of the Whole Packet Distribution Mayor Prochaska reminded the Council that due to the holiday,Committee of the Whole packets will be prepared and distributed on Thursday,December 30,2004. ATTORNEY'S REPORT Attorney Kramer stated that he and Administrator Graff have gone over a list of projects underway and have a handle on what needs to be continued. He stated that he felt that he was leaving everything in good order. 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. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Human Resource Commission Alderman Spears reported that she attended the Human Resource Commission meeting where they discussed and recommended miniature street signs imprinted with the nominees for historical street names. Two more nominees were reviewed;the HRC recommended approval of one and asked for more information on the other. Also discussed was mailing an invitation and guidelines to local business in order to ask them to participate in the visitor center. Funds for mailings and supplies were discussed and they asked Police Chief Martin to include additional funds in his upcoming budget. Mayor Prochaska reported that he discussed the budget with Chief Martin and they had further ideas that Chief Martin will bring back to HRC. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—December 28,2004-paee 4 ECONOMIC DEVELOPMENT COMMITTEE REPORT Gospel Assembly Church—1%Mile Review Alderman Spears reported that the attorney as well as the pastor of the church attended the Economic Development Committee meeting to go over the plan and that the Economic Development Committee recommends that this proceed. Attorney for the church,Tom Grant,addressed the Council. He explained that the church has an option to purchase twenty-six acres on Route 71. They have applied to Kendall County for A-1 Special Use for church,school parsonage,hall and parish center. They are satisfied with the recommendation to file a pre-annexation agreement. The church is currently located on Route 34 across from King Nursery. A motion was made by Alderman Burd to recommend approval to Kendall County for Gospel Assembly Church's request for a 1 1/2 mile review with the conditions that the property owner file an annexation and zoning application with the United City of Yorkville and grant the City utility easements for the water,sanitary sewer,storm water to be determined at final plat and provide buffering as recommended for the adjoining property for the Right to Farm;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,Kot-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2004-69 Abating Special Service Area Taxes For SSA#2003-100 and Approving the Amended Special Tax Roll (Raintree Village) A motion was made by Alderman Ohare to approve an Ordinance abating Special Service Area Taxes for SSA#2003-100(Raintree Village)and approving the amended special tax roll; seconded by Alderman Kot. Alderman Spears asked if the residents would receive a separate tax bill and Attorney Kramer explained that there is enough interest reserve in the original bond indebtedness so no levy will be made this year against the homeowners who have purchased lots. In future years there will be a levy and the tax will be included on the affected resident's real estate tax bill. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye Ordinance 2004-70 Abating Special Service Area Taxes For SSA#2003-101 and Approving the Amended Special Tax Roll (Windett Ridge) A motion was made by Alderman Ohare to approve an Ordinance abating Special Service Area Taxes for SSA#2003-101(Windett Ridge)and approving the amended special tax roll;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye Ordinance 2004-71 Revision of the 2004-2005 Fiscal Budget A motion was made by Alderman Ohare to approve an Ordinance approving the revision of the 2004-2005 Fiscal Budget as presented;seconded by Alderman Kot. Alderman Spears questioned the following items on the revised budget: o The increase in Accounting Assistance($2,500.00)on page 2-Finance Director Traci Pleckham explained that the City incurred additional services this year related to the audit. o The additional$10.00 for 2001 IMLRMA claim under Insurance—Liability&Property on page 2-Director Pleckham stated that the$10.00 amount is incorrect and should be $10,000.00. o The increase of$37,540.00 under the Transfer to Park&Recreation item on page 3- Mayor Prochaska stated that this was discussed at the last Committee of the Whole meeting and is the amount needed for the addition of a Park Planner and the equipment needed for the position. Alderman Spears asked where the funds would go if the position The Minutes of the Reeular Meeting of the City Council—December 28,2004—paee 5 is not approved. Mayor Prochaska stated the funds could be disbursed into other areas. Attorney Kramer stated there would be a line item transfer to do this. o The increase in the Transfer to Municipal Building account on page 3 which includes $56,000.00 for emergency generator and carpeting. Alderman Spears noted that the amount on the bill list for the generator was$24,916.00 and the carpeting was$4,924.80. Mayor Prochaska stated that the amount on the bill list was for a portion of the payment. He noted that the original cost was$52,000.00 and there was a change order approved by the Council because the pad for the generator had to be moved. Administrator Graff stated that the carpet payment was also a partial payment because the Police Department will be getting new carpeting. o The increase of$60,000.00 under the Contractual Service item on page 7-Administrator Graff stated that the increase is due to the revised Master Facilities Plan. Mayor Prochaska noted that the Council discussed that a portion of the payment would come out of the revised budget and the remainder will be paid out of next year's budget. Mayor Prochaska noted that the revised budget was gone over line by line at the Special Administration Budget meeting on December 15,2004. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-I Spears-present,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye Creating Position of Park Planner A motion was made by Alderman Ohare to approve a Resolution creating the position of Park Planner and job description as presented;seconded by Alderman Kot. Alderman Burd stated that she was strongly against creating the position of Park Planner because she felt a City Planner was needed first. She stated that City Planner was a more encompassing position which could also work with the parks. She felt that creating the Park Planner position first was backwards. She stated that she spoke with people in other municipalities who told her that a City Planner is a very important position to look at as a City grows. She asked the Council to consider putting the funds into a City Planner first. Alderman Spears agreed with Alderman Burd. She pointed out that the backup the Council received regarding the position did not provide a good comparison and she went over the communities listed in the comparison. She agreed that a City Planner was needed at this time however she did not feel that the Park Planner position was warranted. Alderman Ohare asked Executive Director of Parks&Recreation Laura Brown what the savings would be if the city hired a Park Planner rather than employing Schoppe&Associates to provide theses services. Director Brown stated that$154,000.00 was spent over a fourteen month period using Schoppe&Associates. By hiring a Park Planner the city could save approximately $75,850.00 this year and the savings would be higher next year. Mayor Prochaska explained that the Park Planner will be responsible for the design and drawing of the parks which Schoppe currently does. Alderman Kot stated that the overriding factor in creating this position is money. He stated he felt it was more cost effective to hire an employee in-house and use the saved dollars for parks. He felt that both a City and Park Planner was needed however the position of Park Planner was before the Council tonight and he stated that he supported it. Mayor Prochaska stated that he did not disagree that a City Planner was needed in the near future and he explained that he has had discussions with Mike Schoppe regarding what is needed in a City Planner. He stated that the Park Planner was presented to the Council not to try to put into place an unneeded position but rather to minimize a cost that the City is already incurring. He explained how Land Cash Funds are applied toward park planning which provides fewer funds to be used toward acquiring land and facilities. The intent was to save money for the City. Alderman Burd stated that she spoke with a few Park Board members. She asked what would happen when this person does not have a park to plan and they said this position could help out with city planning. She reiterated that this seems backward. A City Planner could help plan parks.She also stated that she wanted the City Council to hire the City Planner. She stated that she has not seen comparison studies of what the City is spending by using the services of Mike Schoppe versus the cost of an in-house City Planner. While she complimented Director Brown for her efforts,she stated that she is pushing for her department. She stated that she does not see anyone pushing for a City-wide planner and she felt someone should be doing this. The Minutes of the Reeular Meeting of the City Council—December 28.2004—page 6 The Council participated in an extensive discussion regarding the need for a Park Planner versus a City Planner. The discussion covered such topics as the use of Land Cash Funds,developers contribution toward park planning,the space and staff needed for a planning department,the reduction of cost to the City by hiring a Park Planner,what becomes of the position when it is no longer needed and staff preparing information regarding the City Planner position to present to the Council. After a lengthy discussion,Alderman Kot called the question and the vote was taken. Motion defeated by a roll call vote. Ayes-2 Nays-3 Present-1 Besco-present,Burd-nay,Kot-aye,Munns-nay,Ohare-aye,Spears-nay Tuition Reimbursement Policy A motion was made by Alderman Ohare to approve a Resolution for the Tuition Reimbursement Policy and authorize the Mayor and City Clerk to execute. The resolution clarifies sections 8.6b and 8.6d and adds section(8.8i);seconded by Alderman Kot. Alderman Burd expressed her concerns with the way the policy is re-written and with the affect of the policy to the existing Employee Manual. She stated that this policy takes away the power of the City Council to review reimbursements and she did not want to concede any more of the City Council's power to a department head. She also stated that the way it is written,it requires the City Council to pay for any college tuition after an employee has been employed for one year. She felt the policy should be re-written to indicate that employees are entitled to apply for reimbursement. She felt it was vague because it indicates reimbursement for"career development"but does not specify that the career should be related to their job. She stated that the policy is poorly worded and asked that it be sent back to the Administration Committee for review. Alderman Spears presented a history of past tuition requests that were denied by the City Council from: o Administrator Graff who requested approval for reimbursement for enrollment in a graduate program at Northern Illinois University. After discussion,the Administration Committee denied his request based on the fact that he had not completed the classes in communication,management and office supervisory skills which were recommended by the City Council at the time of his annual performance evaluation. o A full-time employee who requested reimbursement for a history class which was denied because it was deemed not necessary for the employee's secretarial/administrative position. o A department head for reimbursement for a part-time employee. This request was denied because it was not in conformance with the Employee Manual;part-time employees do not qualify for tuition reimbursement. o A department head for reimbursement for an employee that had only been employed by the City for several months. She stated that by approving this new policy,all the examples given would have been approved by the department heads. Alderman Spears read a statement regarding tuition reimbursement to the Council and in conclusion urged the City Council to keep the present policy in place which requires the City Council to review and approve employee tuition reimbursement expenses. Mayor Prochaska noted that if an employee is pursuing a degree that is job related,there may be courses that are not necessarily related to their job but are required for the degree. He stated that he did not feel that anything was being taken away from the Council. He noted that as long as he has been on the Council,it has been the policy of the city to encourage employees to get an education and further themselves in a way that benefits the City. Alderman Munns suggested changing the wording to indicate that the education should be relative to their work and the wording"and/or career development"be omitted. He agreed that furthering an education relative to a job can benefit the City. There was further discussion on the wording of the policy,the theories behind educating the staff and conceding Council power. Alderman Ohare stated she made notes of the concerns and suggestions expressed and suggested that the policy return to the Administration Committee for further discussion. Alderman Kot agreed that the policy should return to the Administration Committee however he felt it was important that the Council remember that the policy is to encourage career The Minutes of the Reeular Meetine of the City Council—December 28,2004—paee 7 development of the staff. He stated that the policy has helped to retain and attract some very good employees. He also commented that as far as the Council giving up authority,he stated that the Council voting on the budget is the final authority. If there is something that the Council does not want to fund,they won't do it. Alderman Burd stated she would have to vote against funding the employee's benefit of going to school to limit the power of department heads. She stated that at budget time,things cannot be fined tuned as they can be on an individual basis.She stated that she did not want to vote against employee education in the budget because she wanted to give them this benefit however she would like it to be exercised wisely. Mayor Prochaska stated that the City Council has the ultimate authority to make policies and the guidelines to follow however there is a difference between creating guidelines and approving what an individual person can do. He noted that the Council does not work in the office and does not know where employees are in their career. He requested the Council to develop a policy with specific guidelines for the staff to follow which would eliminate every request for reimbursement to come before the Council. He stated that the Council develops policy but does not manage the staff per state statute. Alderman Ohare made a motion to table the Resolution for the Tuition Reimbursement Policy and have it return to the Administration Committee;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Approving Volunteer Sick Leave Donation A motion was made by Alderman Ohare to approve a Resolution approving Volunteer Sick Leave Donations and to authorize the Mayor and City Clerk to execute;seconded by Alderman Kot. Alderman Spears stated that she had a discussion with a labor attorney for another village who informed her that this policy may leave the City open for a lawsuit if one employee was not as well liked and did not receive any donated hours as a previous employee received from coworkers. She asked if the City's labor attorney had reviewed the policy and she asked for a written opinion from the labor attorney indicating that this would be a good policy to incorporate and litigation against the City could not be initiated. Mayor Prochaska stated that this was specifically asked of the labor attorney who explained that as long as the policy is not made very specific the City will minimize liability. The policy simply allows the City to facilitate the transfer of voluntarily donated sick time. Alderman Spears asked that the resolution be tabled until a written opinion from the labor attorney stating that litigation against the City would not be initiated due to this policy was received. Attorney Kramer stated that the City Council could ask for an opinion based on labor decisions that the policy will be supported by law. Alderman Spears made a motion to table the approval of the Resolution until the next City Council meeting;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye ADDITIONAL BUSINESS Attorney Dan Kramer Alderman Kot noted that this was Attorney Dan Kramer last meeting as City Attorney and he personally thanked him for his service to the City and wished him the best of luck. Aldermen Ohare and Besco echoed the sentiment. Mayor Prochaska thanked Attorney Kramer for his twenty-two years of service to the City and for all his good advice and support throughout the years. He presented Attorney Kramer with a clock as a token of appreciation for years of dedicated and diligent service to the United City of Yorkville. He noted that there were refreshments in the conference room and he asked everyone to stay after the meeting to wish Attorney Kramer well. Attorney Kramer thanked the Mayor and Council. He stated that he appreciated that Mayor Prochaska had the clock set ahead so that he will be on time. He also stated that he has enjoyed his twenty-two years with the City;serving four great mayors and councils. He stated that an alderman who left office once told him that if he could come back and be an alderman again he would be so much better at the job. This alderman stated that he thought the Council always The Minutes of the Regular Meeting of the City Council—December 28,2004—page 8 treated the public well in Yorkville but he did not realize how well the citizens were treated until he was on the other side of a desk in another community. Attorney Kramer left the Council with the thought;treat people the way you want to be treated. He said this applies to the public as well as fellow Council members. He stated he has enjoyed his time and has learned a lot. Attorney Kelly Kramer Mayor Prochaska presented Attorney Kelly Kramer with a plaque in appreciation for her service to the United City of Yorkville assisting her father with legal counsel to the City. There was no other additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot,seconded by Alderman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:43 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois MINUTES OF THE REGULAR MEETING OF THE DRAFT CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY.ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS.800 GAME FARM ROAD ON. TUESDAY.JANUARY 25.2005. 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 Sticks Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present(arrived 7:18) Ward IV Besco Present Spears Present Also present City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse and Finance Director Pleckham. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,February 28,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,February 17,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,February 3,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,February 10,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be Announced PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS O'Malley Welding&Employees for the Riverfront Shelter Mayor Prochaska read a letter of appreciation sent to Mark O'Malley of O'Malley Welding and Fabricating,Inc.for the construction of the Riverfront Park Shelter(see attached). He presented Mr.O'Malley and his family and employees with a plaque from the United City of Yorkville Park&Recreation Department in recognition of their resources,commitment and dedication to the construction of the shelter. Mr.O'Malley asked to recognize Ted Bonifas,Mark Toss and Jack Toss who also helped with the shelter but were unable to attend tonight's meeting. The Minutes of the Reeular Meeting of the City Council—January 25,2005-aaee 2 Commendation for Officer Jeff Ackland Mayor Prochaska and Chief Martin presented Officer Ackland with a commendation for performance above and beyond the call of duty during the investigation and testimony of a criminal sexual assault involving a juvenile victim.His diligence in the investigation along with his testimony in court gave the State's Attorney a solid case which led to the offender being found guilty of the charge of predatory sexual assault on a child. Certificate of Achievements for Officer Robbie Hart Mayor Prochaska and Chief Martin presented Officer Hart with a certificate of achievement for his enforcement of driving under the influence. Officer Hart made three DUI arrests in a two day period in December 2004. Officer Hart was also presented a certificate of achievement for receiving his DARE officer training at the Missouri State Highway Patrol Law Enforcement Academy on November 7,2004. Officer Hart graduated as the best student of the class. CONSENT AGENDA 1. Monthly Treasurer's Report for April 2004 2. In Town Road Program—Phase 2 Utility and Roadway Improvements—authorize contract with Smith Engineering Consultants,Inc.for the design of replacement watermains on the dead ends of Fox and Washington Streets,as well as the watermain on Heustis between Hydraulic and Fox Streets in an amount not to exceed $215,210.00 and authorize the City Engineer to execute 3. Director of Public Works Salary Survey—to approve the new salary range, $62,972.00 to$82,204.00 4. Resolution 2005-04 -Amending Tuition Reimbursement-authorize the Mayor and City Clerk to execute 5. Resolution 2005-05—Approving Disposal of City property Policy-authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Sticka;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Alderman Sticka reported that there were four Public Hearings at the last Plan Commission meeting. They were: o Stewart Farms—There were comment from Block Farms regarding the access to their farmland off Ashley Road rather than Route 126. Other comments were from a horse and dog operation that will be surrounded by the development;they asked for buffering which the Plan Commission agreed with. o McVickers-The property on the northwest corner of Cannonball Trail and Route 47. The petitioner withdrew the request for a special use for a gas station however they asked for variances on setbacks. Several neighbors objected and the Plan Commission agreed to the objections. o Centex—The property consists of 624 acres east of Route 47,west of the Northgate development and mostly south of Galena,with 40 acres north of Galena. The only public comment was a question regarding a property owners association. The Plan Commission comments were favorable with a few objections to the higher density areas. o River Oaks—This hearing was for office use on Van Emmon. Comments were favorable from both the public and the Commission. During the regular portion of the meeting,the following was discussed and/or voted on: o Stewart Farms—voted 9-0 in favor of the annexation with the comment to take the public I votes 9-0 in favor of the zoningwith the comment to comments seriously. They also include design guidelines of the new Comprehensive Plan. o McVickers—voted 9-0 against the PUD stating that any plan presented must conform to the Annexation Agreement which calls for 30 foot setback buffers. o Centex—voted 9-0 in favor of annexation and 7-2 in favor of zoning. o River Oaks—voted 9-0 in favor of rezoning subject to a development agreement. o Wynstone Townhomes Concept Preliminary Plan—The townhomes will be located east of Route 47 and west of the Fox Highlands townhomes. There was some public comment objecting to the use of Walnut Drive for access. The developer was agreeable to making that an emergency entrance only. There were also some concerns regarding the use of the private roads in Fox Highlands for access. The Minutes of the Reeular Meetine of the City Council—January 25,2005—naee 3 o Caledonia Final Plat—Approved by a 9-0 vote. o Grande Reserve Preliminary and Final Plat for Units 10 and 11—Approved by a 9-0 vote. o Swanson Lane Estates—Located along Blackberry Creek and south of Blackberry North subdivision. Approved by a 9-0 vote. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from December 14,2004 and the Committee of the Whole meeting from December 16,2003;seconded by Alderman Sticka. Alderman Spears noted a correction on page three of the Committee of the Whole minutes. The word"state"is incorrectly used in the third sentence and should be changed to"county". Alderman Ohare noted a correction also on page three,third paragraph from the bottom. The word"sever"should be"severe". She also questioned the second sentence in the paragraph regarding Eldamain Road on page 4 which referred to funding being"locked". Mayor Prochaska stated that this is the proper terminology and was a statement someone made. She questioned the notation on the top of page seven stating that there was no indication as to the type of facade chosen as there was a pause in the tape. She asked if there was anyway to get any information on this. Mayor Prochaska stated that the information could be obtained but he did not know if it pertained to these minutes. Alderman James and Clerk Milschewski noted that the person transcribing the minutes only had the tape to refer to when typing the minutes. Mayor Prochaska asked for approval of the minutes as corrected. 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 January 14,2005 totaling the following amounts:checks in the amount of $1,008,621.86(vendors);$153,980.60(payroll period ending 12/25/04)for a total of $1,162,602.46;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-1 Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-nay,Sticka-aye REPORTS MAYOR'S REPORT OSLAD Bike Path Grant Application Request for Grande Reserve Mayor Prochaska reported that Executive Director of Parks&Recreation Laura Brown asked the Council for approval to apply for an OSLAD grant for about four miles of bike trails in the Grande Reserve development. This is a matching grant and the funds will be from the Grande Reserve development. He reported that it was the consensus of the Council at the Committee of the Whole meeting for Ms.Brown to proceed with the application. If the grant is awarded,the acceptance of it will come before the Council for a vote. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Pleckham reported that City Treasurer William Powell has asked her to investigate rates for CDs to see if there is a better way to put the City's funds to use. She stated that she will have proposals by Friday,January 28,2005. The Minutes of the Reeular Meetine of the City Council—January 25.2005-Daze 4 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse thanked the Police Department for their help with getting cars off the street for snow removal on January 22nd and 23`d,2005. CHIEF OF POLICE REPORT School Traffic Control Chief Martin stated that a concerned citizen contacted him regarding having an officer at Route 47 and Somonauk directing traffic for the schools. He stated that this has been done in the past however it created more problems with traffic backing up on Somonauk. This officer has now been assigned to directing traffic on Route 126 and the Yorkville Intermediate School. Officer Promoted He also reported that on January 25,2005,the Fire&Police Commission approved the promotion of Dave Delaney to the position of sergeant affective April 1,2005. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Alderman Ohare reported that she attended the School Board meeting on January 24,2005 where the highlight of the meeting was the discussion of the upcoming referendum;there is a committee working on how to introduce it to the public. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-08 Gospel Assembly Church Annexation Agreement A motion was made by Alderman Sticka to approve an Annexation Agreement between the United City of Yorkville and the Gospel Assembly Church and an Ordinance authorizing the execution of the Annexation Agreement with the Gospel Assembly Church;seconded by Alderman James. Motion approved by a roll call vote. Ayes-9 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye, Spears-aye Sticka-aye,Besco-aye,Burd-aye,Prochaska-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-09 Countryside Center TIF—Alternate Revenue Bonds A motion was made by Alderman James to approve an Ordinance authorizing the issuance of General Obligation(Alternate Revenue Source)bonds,in an aggregate principal amount not to exceed$4,000,000.00,for the purpose of defraying the costs of a redevelopment project in and for the United City of Yorkville,Kendall County,Illinois and authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Sticks. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye Resolution 2005-06 Wearing Apparel Policy A motion was made by Alderman James to approve a Resolution approving a Wearing Apparel Policy as presented;seconded by Alderman Sticka. Alderman Munns questioned if the policy allowed$60.00/person for wearing apparel and if it specified what type of apparel. Mayor Prochaska stated that it was$60.00/person and the policy does not require a specific item of wearing apparel but it has to have the United City of Yorkville logo on it. Alderman Munns asked if the items could be of any color and Mayor Prochaska stated that color was not specified. Alderman Munns stated that he felt it would be better if the City bought the same thing for all the employees;same color,same style,same logo,etc. Alderman Burd noted that Alderman Besco made the same suggestion at the Committee of the Whole meeting. Alderman Munns also questioned if the amount was an annual or onetime expense and Alderman James explained it was an annual expense. The Minutes of the Regular Meeting of the City Council—January 25,2005—nage 5 Alderman Sticka stated that he did not want to be the"fashion police"and Alderman Kot agreed. Alderman Sticka stated that the purchase of wearing apparel was a"pat on the back"for the employees. He stated that he felt that the purchase of the shirt is in the spirit of team building. He explained that it was a reimbursement policy for approximately twelve employees on the administration staff. Alderman Munns asked if it was suggested that shirts be purchased to be given out at the upcoming Appreciation Dinner. Alderman Sticka commented that this would be buying shirts for all employees not just the twelve affected by the policy. Alderman Munns stated he supported employees wearing the same shirts and team building however he felt the employees should purchase their own shirts. Administrator Graff asked for clarification from the City Attorney. Administrator Graff stated that he interpreted the policy to indicate that purchases have to be approved by a department head. Attorney Wyeth agreed. Alderman James stated that authorization has to be approved before the purchase is made. There was discussion regarding the original reason for the establishment of the wearing apparel fund;it was established for the elected officials not employees. Alderman Spears stated she received telephone calls from residents who stated they were not pleased with the City supplying clothing to the staff. Mayor Prochaska and Alderman Sticka both noted that they had not received any such calls. Mayor Prochaska stated that he would have liked the policy to require that the apparel be worn to work however this cannot be done. He explained that a statement could be added to the policy that strongly encourages the apparel be worn to work. He distributed a revised copy of the Wearing Apparel Policy to the City Council with this statement added. He stated that the motion could be amended to approve the policy as revised. Alderman Spears asked Attorney Wyeth if this was typical to get a revised policy during a debate over it. Attorney Wyeth stated that it was appropriate. There was further discussion on the uniformity of the apparel purchased. Mayor Prochaska noted that the Police Department office employees have a choice of colors for their apparel. Chief Martin explained that he worked with his employees regarding the colors chosen and made the decision which ones would be used. Alderman Sticks stated he would support the uniformity of the apparel if it would get the resolution passed. Alderman Kot stated that having the employees wear the same color was not his first preference however he agreed with Alderman Sticka. Alderman James also agreed. Alderman Munns suggested that the employees decide on the style and color. Alderman Ohare asked if the motion should be amended and Alderman Sticka stated that it should to indicate that the apparel must be the same for all employees covered by the policy. Alderman Sticks withdrew his second and Alderman James withdrew the motion. A motion was made by Alderman James to approve a Resolution approving a Wearing Apparel Policy with the amended comment that the staff will select one style and that they are encouraged to wear it at work and at City functions;seconded by Alderman Sticka. Alderman Munns asked if this will be an annual policy and Mayor Prochaska stated it would. Alderman James stated that the policy can be changed or deleted as needed and the purchases will be approved by the department head. Alderman Ohare noted that the policy was also subject to the budget. Alderman Spears asked if employees who already have shirts will be allowed to purchase new ones and Mayor Prochaska clarified that employees can get new shirts once a year. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-aye,Ohare-aye,Spears-nay,Sticka-aye, Besco-nay,Burd-nay,James-aye,Kot-aye ADDITIONAL BUSINESS Route 126 Speed Limit Alderman Sticka noted that when driving toward Route 47 on Route 126 there is a school zone speed limit sign and then several feet further there is a sign indicating the speed limit is 40 MPH. He stated that he felt this was contradictory. He asked Chief Martin if the Illinois Department of Transportation could be contacted regarding the relocation of the regular speed limit sign. Chief Martin explained the reason for the two speed limits;one is for times when children are present. He indicated that Director Dhuse will contact IDOT regarding this. The Minutes of the Regular Meeting of the City Council—January 25,2005—nage 6 Kylyn's Crossing Alderman Ohare reported that last summer she started receiving telephone calls from Kylyn's Crossing residents regarding the items that the builder had left unfinished. She was assured that things were being worked on however she recently received two additional calls with the same concerns. Mayor Prochaska stated that he spoke with City Engineer Joe Wywrot who is going over the builders punch list and is applying costs to the unfinished work. He explained that the builder has a Letter of Credit and he is trying to verify if the City can draw on the Letter of Credit to get things completed. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity;and for litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. He asked that the City Clerk,City Administrator,Finance Director and City Attorney be included in the session. So moved by Alderman James;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Spears-aye,Sticka-aye Mayor Prochaska stated that action may be taken after the session. The Council took a ten minute break. The Council entered into executive session at 7:45 P.M. The Council returned to regular session at 8:06 P.M. Mayor Prochaska entertained a motion to approve the application received by the Finance Director for Section 7.9—Unpaid Discretionary Leave for the medical condition stated in the request. So moved by Alderman Sticka;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Besco-aye, Burd-aye,James-aye,Kot-aye,Munns-aye ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by Alderman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Y Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1of10 UNITED CITY OF YORKVILLE DRAFT IDOT MEETING Monday, October 4,2004 5:15 P.M. City Officials in Attendance: Mayor Art Prochaska Alderwoman Rose Spears Alderwoman Val Burd City Administrator Tony Graff City Engineer Joe Wywrot Public Works Director Eric Dhuse Guest Speakers in Attendance: State Representative Patricia Reid-Lindner State Senator Chris Lauzen IDOT District 3-Project Engineer, Rick Powell IDOT District 3-District Engineer, John Kos Others Present: See Attached Sheets Mayor Art Prochaska called the meeting to order at 5:30 p.m. He started by thanking everyone present for attending tonight's meeting. He went on to explain that later in the meeting there will be a time when the floor will be open to all for comments and/or questions and for now he would like to follow the agenda and keep the meeting flowing. The main idea is to do as much brainstorming as possible to get this issue resolved. He did also ask all too please sign in on the guest sheet for record of who was present this evening. 1. Introductions by Mayor Prochaska: Mayor Art Prochaska asked for introductions from all seated in the Council seats. They were as follows: Rick Powell-IDOT, John Kos-IDOT, Rose Spears-Alderwoman, Val Burd-Alderwoman, Mayor Art Prochaska, Sheila Teausaw-Minute Taker, Patricia Reed-Lindner-State Representative, and Chris Lauzen-State Senator. 2. Identify need for Rt. 47 and 34 improvements: Mayor Art Prochaska moved the meeting forward to here stating that he would like to begin the conversation and then will open up to get comments and suggestions from all of those who were previously introduced. Mayor Prochaska started by explaining that the improvements needed seem pretty obvious in being that Route 47& 34 need to be widened. He then stated that the needs have evolved over the years and now they are looking at widening Route 47 from Rt 71 to Countryside Parkway and hopefully even north of that. He pointed out that the area north on Route 47 up by Galena Road and Route 30. The importance too of this area to the north being widened also has to do with the safety of the public. He stated that the 1 Page 2 of 10 trucks and other big vehicles are in such a narrow roadway there that they have no where to go to in the event of trying to prevent an accident. They will either go into a swale or even Rob Roy Creek. He is hoping to expand this project to go up to at least the County line and he believes Sugar Grove is looking in to getting from the County line and north widened as well. Mayor Prochaska moved on to discussing Route 34 as far as widening and dealing with the speed the traffic is being allowed to travel. He pointed out that the surrounding Communities that Route 34 flows through has four lanes of traffic and the speed limit there is only 45mph, where Yorkville is 55mph, 2-lane road, with drives and roads emptying onto it,in an area with no shoulders. Mayor Prochaska feels this is creating a very dangerous situation. Mayor Prochaska also spoke about the Bristol Ridge Road intersection with Route 34. He knows the City has requested the developers to work with IDOT in improving that intersection due to the need that will be coming for control and signalization there. He was also questioning IDOT as to where this situation stands since he believes this has been sent down to IDOT for approval. He wasn't sure if this was conflicting with IDOT's current engineering project or why it wasn't moving along faster. Alderwoman Spears moved the meeting on stating the issue she had was just getting Route 47 widened. She feels it is a Public Safety Issue due to the Construction that had recently been done by the bridge caused such a stand still in town. She also wondered how the construction traffic will be controlled when Route 47 is going to be widened. She pointed out that there is a need for another north/south river crossing and feels the proposed Countryside Road would be appropriate. She moved on to say that she knows that Yorkville is a rather small town, and they are not expecting all the State funds, but a good portion would be appreciated. As far as the last construction done on Route 47, school busses were running 1-1&1/2hr late. This brings up the point that getting emergency vehicles through during the proposed construction will be quite a hard thing to do. No one should have to wait for them to get through. Mayor Prochaska stepped in at this point thanking Alderwoman Spears for her ideas and thoughts. He stated this brought up another issue with Route 47 regarding the tall wall on the west side of Route 47 just south of the river. Residents from that area are very concerned with its condition. There are parts of the sidewalk is caving in from the dirt behind that wall moving which caused the sidewalk to sink. The Mayor stressed the point that this troubled him deeply and he doubts the stability of the wall anymore. He requested at this point that IDOT please stop and look into this right away, due to the importance of this safety issue here. Mayor Prochaska at this time asked Representative Pat Lindner if she had any comments she would like to make at this time. Pat Lindner began stating the widening of Route 47 has been an issue that's been with her for a long time. She stated that in the district that she represented before to the north she knew it took a long time to travel on Route 47, especially when driving behind a large truck. She went on to state that she had no idea 2 Page 3 of 10 until she started representing in Kendall County what traffic was like on Route 47. She said that in all her travels around and down to Springfield, it takes her the longest to get through the town of Yorkville than anywhere else due to Route 47. She is making this one of her big projects to focus on in Springfield. The big part is to get the funding. She knows everyone agrees that it is a need and IDOT has done some preparing to get ready to widen the area already. She stressed that this meeting is to try and find out how everyone can work together and what can everyone due to get this project accomplished for the citizens that deal with it everyday. Every time she sees Tim Martin,the Director of Transportation, she states first to him that the widening of Route 47 must get done and in the plans. She was glad to be a part of this local meeting and has found through the years that these meetings do help get things done by all working together. The floor was opened for Senator Chris Lauzen to speak next. He started by stating if we were setting up the agenda for a meeting like this his approach would be to line up the priorities as follows: 1. What should we do as a Community here to convince the people in Springfield? He added that he felt that John Kos with District 3 IDOT is very committed to the progress in the need for the work. Mr. Lauzen added that it has always been a pleasure to have worked with Mr. Kos on previous various projects in the past. Mr. Lauzen asked the question of how to persuade folks that live 100's of miles away from here that this area has a definite need for this widening. 2. How do we get across the message about our fair share? Mr. Lauzen went on to state that we have a unique set of political assets from this area. The first being that this is a united community, meaning everyone is on board with this idea and need. The second is the Minority Leader in the House of Representatives, Tom Cross and part of the Leadership team with Pat Lindner, as well as having Dennis Hastert in putting together the Federal Road Plan. Mr. Lauzen went on to state that there was an issue before that he and Mr. Hastert had to work through together when Kane County did not get its fair share, he believes those dollars got moved along with the above support and work. Mr.Lauzen explained how the dollars are being allocated and it is not felt that is the fair way to allocate. All together Mr. Lauzen feels here we have a lot of the right people to help get this done. 3. Why do we not have in next year's plan or in a seven-plan that the job of getting this done? Mr. Lauzen stated that we should have these improvements in a plan as well as the funding for it, and hopefully we can plan out the funding just the same. Mayor Prochaska is looking to walk away tonight with an idea of how we can all work together and get things done to help the situation. He added that as we move the meeting from item#2 to item#3, he brought up that originally the plan from IDOT year's ago was to have a freeway going through the area which caused a lot of dissension in the people of Yorkville. He feels over the years in working with IDOT they are all trying to preserve the integrity of the downtown,park, and the main parts of town. Mayor Prochaska stated at this point that 4 lanes is as wide as it gets without tearing into 3 Page 4 of 10 buildings even more so. He stated that he believed that as it stands the drawings show now that 7 homes and 1 building would have to go at this point. The building could stay but with the road being 3 feet from the building the owner felt that removing and working with developing in way to blend with the existing buildings downtown. Mayor Prochaska went on to state that the traffic has increased dramatically over the years while workingwith IDOT in the planningstages. He pointed out that now the � intersection of Route 34&Route 47 has gotten up to 74,500 daily, which is incredible for a town this size. He went on to reiterate what Alderwoman Spears had talked about earlier in looking at having an alternate route ready before construction begins. He spoke again about the recent construction done on Route 47 by River Road and pointed out with doing some of the work at night the traffic was backed up 2 miles. This is a big sign to all those involved that there better be a plan for the traffic when the work begins. 3. Current engineering and financial progress: Mayor Prochaska opened this item by stating explaining where the City was on their end of the engineering and financial progress of this problem. He explained that they have identified the Countryside Parkway area as a potential river crossing to the east that would ultimately connect Route 34, 47, 71 and Orchard Road if the whole plan is put through. They have requested some funds to do preliminary engineering on this which will be down the road. With being that this is a City project this will take a while, so Route 47 is still a high priority need to be filled. The City, by working with Developers in the area, has created a network of intra City collectors to keep the traffic flow from having to go on the main highways to get around town. These were meant mainly for the residents to use. East and west are in abundance, but obviously north and south are limited with the river flowing through the center of the town and a bridge is involved. Mayor Prochaska's main question to IDOT is where they are with Phase I engineering with Route 47 and 34. At this point Mr. John Kos, IDOT-District 3, District Engineer,took the floor. He began by thanking the Mayor for inviting them to come out and join this meeting and being allowed to help be part of the Community in working this out. He stated that IDOT has been on board with the engineering since the late 1990's and there was a Public Hearing held in 2000 where they laid out the framework of what the intended improvement was going to be. Since then there has been no funding to begin the construction,but the engineering in terms of the planning concept is ongoing. He added that they have brought that back on to the table to conclude the Phase I engineering to keep up with their commitment they made to the town in doing so. In finishing that portion,IDOT can then establish exactly what the right of way deeds will be for the project. On top of that, IDOT has what they call a Phase II consultant on board who is developing the contract plans with special provisions which are necessary for the contract documents. Rick Powell, IDOT-District 3 Engineer, stepped into the conversation to say that usually Phase II doesn't start until Phase I is completed. IDOT was able to risk manage the Phase II so they were done concurrently. Mr. Kos pointed out that not too much has been done with the contract plans. 4 Page 5of10 Mayor Prochaska asked if Phase II will include bid documents. Mr. Kos answered that it did, as well as it will be looking at the construction delays that will occur. He pointed out that this widening will definitely cause delays, there's no way around it. But IDOT will look into doing the best job they can in setting up a plan to keep 2 lanes as free as possible during construction. Representative Pat Lindner asked what Phase I &II were funded under what? Mr. Kos replied that they had been funded previously and that they have the dollars set up to do the engineering in terms of the planning documents, which IDOT has yet to complete, and complete the contract documents, so they can have what's available. Mr. Kos stated what is not funded is the Land Acquisition deeds, which is estimated at approximately$5 million, and anything in terms of construction yet. Mayor Prochaska asked for clarification in what the current area the engineering and focus is on now. Mr. Powell stated it would go up to Kennedy Road, not changing the intersection as is now, and down to Route 71. Mayor Prochaska brought up the fact that we need to start looking at the areas north of there as well. He pointed out this will be quite pricey, especially with the creek crossing at Blackberry and the Underpass at the railroad tracks, and then the most expensive portion will probably be at Route 30 where the creek runs under Route 47. Mayor Prochaska then asked the question of where IDOT is with the engineering of Route 34 east of Route 47. He stated that he knew there had been engineering that has begun there as well. Mr. Powell replied that they have some form of engineering going on now from east of Route 47 up to the Kane County line. He did add that this is another one of IDOT's unfunded stretches of road. Mr. Kos stepped in to state that they are planning on picking up the intersection of Route 34&47 for approximately 1000ft east and west to get that where it should be. Mayor Prochaska asked again for IDOT to get Route 34 under way with the engineering steps at least due to the fact that Plano to the west and Oswego to the east on Route 34 have either begun widening or are completed and Yorkville in the middle hasn't begun the process. With the traffic building just to the west of Route 47 and 34 at the intersection of Game Farm Road, IDOT still has not begun engineering that portion to be widened. He stressed that they are seeing the traffic growing in the area faster than the City is growing which is a big concern. He then asked if IDOT can get the engineering in these other areas going as well. Mr. Kos stated they will look into it. He isn't sure where IDOT is on engineering as far as west of Route 47, but east is in an engineering process. He then stated that IDOT is aware of all the needs in this area. Mayor Prochaska then asked where the financial process stands for this now. Mr. Kos stated that there are no funds available at this point. He stated that unless something changes dramatically in the funding process, it is going to take a while for funds to become available for all the work needed in the area. 5 Page 6 of 10 Representative Pat Lindner stepped in at this time to go back to Route 47. She stated that it is $5 million for land acquisition, so would that be a sum that we should try and get first and how long does the land acquisitions take? She knows that the entire project will be$18-$20 million for construction, plus the land acquisition process. Senator Chris Lauzen added that the definition of this project is from Kennedy Road at the north end and then to just south of Route 71. That will make it 5 lanes, except 4 lanes though town. The grand total will be approximately$23-$25 million with land acquisition and construction. Mr. Kos stated that was correct. Mr. Lauzen then asked what pieces did they as a group,need to put in place first. 4.What remains to be done: Mr. Kos started by giving the schedule as IDOT has it set now. They are trying to wrap up their Phase I documents. They had a serious of discussions with businesses owner's at the corner of Route 47 &34, as well as meetings with the village. They will continue to coordinate the project in this respect to reach what they call `design approval'. They anticipate this to probably happen in some time in the winter of 2004-05. At that time they will have the Phase II proceed with his plan preparation for contract documents. Which he has already started some already and been on board doing survey work. But they don't want that consultant to truly begin until the planning portion is completed. That takes any where from 18-24 months to complete. They typically buy the land at about the same time frame if possible. Pat Lindner stepped in to verify that the land acquisition will take place at this time. Mr. Kos agreed it would, except they do not have the $5 million ready to fund that portion and will delay the start of construction until the funds come to acquire the land. Mayor Prochaska at this point asked who do we all need to convince to try and get this money allocated. Mr. Kos stated that this community has done a great job already keeping this project on the front as far as the IDOT District office is concerned. Having a meeting like this and inviting the public is important as well. He then went on to say that IDOT right now is in a very economical time as far as funding projects. He explained that the entire District 3 Budget for construction in this fiscal year is $40-$45 million which covers 11 Counties. That budget goes to maintenance and congestion relief throughout the entire area. The bulk of the money goes to making the sure the roads are serviceable and making sure the bridges are safe to cross. After those needs are taken care of then the rest of the money can go to roadway expansion. He at this time sees no movement to gain$20 million for this project. Clarita Lao, Program Development Engineer in District 3, stepped up to explain that they are an 11 County district and they have about 16, 851 miles of highway and streets to maintain, as well as 3,750 highway structures to look over. This gives an idea of there amount of responsibility the district has in terms of length in miles and numbers of structures. They also have 1,165 railroad crossings, with another 596 crossings they handle. She stated she wanted to step in to give all here at the meeting an idea of what their money has to be budgeted to handle. Senator Chris Lauzen stated that Mr. Kos gave all here very valuable information as far as what%can go to new construction under the current plan. He went on to state that part of the pressures that they are talking about today is toward the Capitol Budget which they are going to be talking about when they get back to Springfield in November. He 6 Page 7 of 10 also stated that there is $1.3 Billion of 2005 Budget where it is committed. He knows the folks in this room are familiar with$15 million going to a Study for the Outer Beltway, and all we need is 1/3 rd of that money to get the land acquisition part done to complete this necessary project. He went into the facts of how the money is diverted at a constant from the budget to specific projects, and this is a problem that needs to be addressed. He stated we all pump the gas into the cars and are paying a gas tax which we all figure is going to the roadways. Unfortunately, $400 million is going to other stated funding, because decisions in the current administration in the government. He stressed that these things just should not happen so that the money could go where originally attended. He went on to figure how much of the seven year plan the $5 million is to do the first stage, land acquisition. He stated that out of the $5.9 billion is in the seven year plan,the $5 million necessary is only 8/100ths of a penny is what this project needs. If we look at funding the entire project,we only need 4/10ths of a penny to fund the entire $25 million. He also stated that with all the important people that are involved in this and the people from IDOT here tonight should be helpful in pushing this through for funding. He summed up his statement by saying that now that we've figured we only need approximately 'A of a penny to fund the project,how do we go about getting it. Mayor Prochaska stated he believed it was the General Assembly that passes the amount of funding the District receives for their projects, but questioned if they too decided on what projects got funding first. Mr. Kos replied they make recommendations on what projects they feel are necessary and important to be taken care of first, but the last thing on the list is expansion of existing roadways(the big ticket items). Since these big expansions, that are needed, take up most of what the District is budgeted;they usually don't make the list to be done. Mr. Lauzen asked what percent of the budget goes to new construction. Mr. Kos responded that he is not sure if there is any guideline on that,but it does depend on how many dollars are available. Then Mr. Lauzen asked out of the current seven-year plan how much goes to maintenance vs. new construction. Mr. Powell stepped into the conversation to say that right now some of the big projects like the Dan Ryan in Chicago and down state on I-74 are taking most of the funds for new construction. Pat Lindner questioned Mr. Kos as to how is his track record as far as getting the projects he recommends to be done, getting done right away. Mr. Kos started by saying that he has only been with District 3 for approximately 4 months now, so he does not yet have a record with them, but as far as in terms of his experience, he feels that the staff is listened to well when it comes to their recommendations. He also feels there is a bit of conservatism in all this due to the Federal Transportation Bill and the unknown that is out there. He believes this has been suspended for another 6-8 months. Also being that Illinois was made a Donor State,they only receive 92 or 93 on the dollar for budgeting. Mr. Lauzen stated that he heard that the Federal Bill might not be passed before the November Election. He does not like the fact that the current Federal Administration that is controlled by one party would wait for even the outside risk that the either the Senate could go on Partisan lines to the opposite side or that the White House could go to the opposite side. That should have been done way before these changes could have come 7 Page 8of10 around. Now if the Political balance has a possibility of changing, things may not go through. He then asked what the people at IDOT are seeing from this. Mr. Powell responded by saying that he has never seen so many re-authorizations of an existing bill before. 5. What parties need to do to complete project: Mayor Prochaska jumped into the conversation stating that we need to build an argument for this project to get underway that all people involved taking to the people who make the decisions. He feels that the main argument should be the public safety issue that is building will the level of flow that is going through this City. He brought up the fact that Route 47 is one of the few roads that goes from Wisconsin border down to the middle of the State,causing massive traffic congestion. He went on to state that there was an opportunity to have a limited access route 15 years ago and at this point we still don't have one in the area. Even the route that is being looked at now, does take into consideration that Route 47 is already widened. The City has major issues with making sure there is public safety to the areas throughout the County even. He brought up the fact that the wall on Route 47 was built back in the 1940's or around that time. Mayor Prochaska stated that he talks to the people of Yorkville, and no one here wants to prescribe to the fact that it's going to wait until there are so many deaths or injuries before something will get done. No one wants that to happen. This should definitely be used for one of the arguing factors for when we take this back to fight for the funding. Mr. Lauzen asked if the public safety and congestion concern having any effect on what pace the developing is happening in the area. Mayor Prochaska responded by saying that the City is trying to maintain a balance, but is hard with all the growth in the area right around Yorkville as well. The City's Fire Department just did a study looking at the growth also. Yorkville as a Community is developing at about just over 2 units per acre, which is a relatively low density. They are looking at ways to work with other groups to try and take land out of development. An example being the Boy Scout Camp,they were able to preserve that land and take out of development. They are also looking at intra-city roads put in. One example being the Marketplace Shopping Center,the developer had access to both Route 34&47 and the City went in and negotiated to build a road behind the stores to limit highway use. The second example being working with Menards and building what is now the only 4 lane highway in town and is a City street which a developer built to lesson highway traffic. The road is now being looked at to continue on in the future as a City project too. Mr. Lauzen came back to say that with Mr. Kos' 25 years experience, he is the most knowledge of anyone here. With that in mind,how would he line up the to-do list knowing how the system works? Mr. Kos started his response by stating that Mayor Prochaska has done a lot of good things, by bringing a consensus of support for an improvement like this, which is a number one priority in all the projects that IDOT does is to make sure that there is for a most part a consensus that an improvement is necessary. That doesn't mean has to be happy or satisfied with the results, but for the most part the community is behind it. He went on to say that the engineering has begun, which is another key component to complete a project and in getting the funding for the rest of the project. Pat Lindner came in to state that the contract document phase has not been started yet. Mr. Kos replied stating it has begun, but the mass of the work will continue 8 Page 9 of 10 when the planning documents are done. Mr. Kos went on to state that the next step will be land acquisition, which is the smaller piece of the total $25 million price. With all this done,you would have even more of a valid argument to getting the construction funded. Alderwoman Spears stated she had a question,that it appears that the project planning is a no win situation and she would like to know how they can have IDOT readjust there priorities. She stated that it was told that most of the dollars are allocated to the maintenance of the roads and they want to keep them safe, but she believes that if they have more lanes and expanded, each lane would be traveled on less and they would be in better condition. She also asked who she gets the petition that is encouraging that this does get funded. She also asked if the petition even helps, or makes an impact on anyone. Mr. Kos responded that the petition does in fact help due to the point that it is more reassuring from a highway engineer's perspective in working with a town who wants it done. Mr. Kos stated that it has been a pleasure working with the community and agrees there is a need for transportation improvement here. Mayor Prochaska once again pushed the point that the public safety issue is bigger than the expansion for traffic ease. He says when looking at 74, 500 through an intersection with just under 10,000 in trucks alone a day,he has to believe even as they widen that road it will fill up quickly. His main issue now is with all the traffic flowing through and how it works there is even a greater need for the public safety issue building. Now there is the idea of a new quarry coming into the area, with an increase of 120-150 trucks and with those added to the numbers, the traffic issue is just going to get worst. He stated he knows the County is working on putting a bridge approximately 2&1/2 miles away from Route 47,but that will still cause delay in traffic. He stressed we really need to get this done before all these other changes come into place. Representative Pat Lindner asked to bring the conversation back to funding sources. She stated that we have the Capital budget in the Stated with maybe a possibility of some of the Federal Transportation money. She went on to say that she wrote, and is sure the other local representatives wrote to Mr. Hastert requesting money for Route 47 widening. She did bring up that the Governor has new program, which is on hold until the veto session, Opportunity Returns. It is her understanding that there may be road projects funded from that program. She asked if the IDOT representatives were aware of this and where the money would go to from it. Mr. Kos responded they don't and explained the program is the Governor's initiative from the Department of Community and Economic Opportunity. A series of economic opportunities,whether they are road projects or other things to help stimulate long term jobs, not just construction. They did suggest Route 47 as a potential project, and Mayor Prochaska wrote to them about it. She then asked if there had been any indication to them that it would go through. Mr. Kos responded that they had no indication, but since they all wrote and suggested Route 47 they were all on the same page as far as where they stand with that funding option. Senator Chris Lauzen asked how big the impact of the Federal Bill to Illinois is. He also asked with the Opportunity Returns, how big is the plan they are talking about? Mr. Kos stated that Mr. Lauzen probably knew more about it than he did, so he can't answer the 9 Page 10 of 10 specifics on it. Mr. Kos stated at one point he knew they were talking about a$1.5 billion state-wide. Mr. Kos then said in terms of the Federal dollars they use that as part of the budgeting process. Mr. Kos gave an example that if Illinois were to gain a penny it would make a significant increase as far as them being able to fund more projects. Mr. Lauzen replied that he was speaking about what dollars come out of the Federal Gas Tax money that goes to Washington and are getting only 92 cents back. Mr. Lauzen stated they want to improve on that based on some of the power houses that they have. He went on to say that one the things the Governor was putting together is Illinois First where a certain portion of this money will be set aside for specific projects that are important in different areas. He further explained that some times the money never gets set aside for these projects and wanted the public here to know how hard it is to get these types of projects funded sometimes. He also compared where in percentages of where the money out of the State budget went to. Mayor Prochaska asked again if there is something that all of us as a City can do further to get this done? Mr. Lauzen stated that the he feels that the City's case has already been made that the need is there, now they need some of these powerful players from the area to speak up for the funding. 6. Comments and questions: At this time Mayor Prochaska moved to open the floor for the public attending to speak to the guests asked to be here tonight. 10 Page 1 of 10 ID Ai'T1 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday,November 16, 2004 - 7:00 p.m. In Attendance: Cj Art Prochaska—Mayor Harold Martin—Chief of Police Valerie Burd- Alderwoman Tony Graff— City Administrator Paul James-Alderman Traci Pleckham—Finance Director Marty Munns(7:50pm) Eric Dhuse—Director of Public Works Richard Sticka—Alderman Kelly Kramer—Representative of City Attorney Rose Spears-Alderwoman Anna Kurtzman- ICCI Larry Kot—Alderman Laura Brown—Executive Director, Joe Besco—Alderman Parks &Recreation Guests Rob Melekus—WSPY Lon Korondan- Yorkville Gary Golinski - Yorkville Bill Bloch- Danville Larry Kingston—Union Bank Nancy Wilson—Yorkville Stan Free—Yorkville Jackie Allison—Yorkville Al Dubajic—Bristol Gary Michelson—Yorkville Roger Blomgren—Yorkville Ralph LeGrand—Yorkville Jim Menard—Oswego Don Duffy—Yorkville Ben Moe—Yorkville Thomas Egler—Yorkville Don Hamman—Plano Todd Greer—Elmhurst Jackie King—Bristol Melissa Maye—Yorkville Michael Crouch—Yorkville Bill Kingery—Yorkville Denise Clementz—Oswego Cheryl Evans—Yorkville Bruce Sperling—Yorkville Sue Sperling—Yorkville Charles Nelson—Yorkville Martha Price—Yorkville Janet Hissong—Yorkville Randy Vulik(sp?)—Yorkville Greg Clementz—Oswego Jack& Sharon Keck—Yorkville Craig Coffey—Yorkville Michael Burks—Yorkville Clayton Marker—Yorkville Vince Paparozzi—Oswego • Chad Pannucci—Oak Brook Andrew Fitz—Oak Brook Paul Malohn—Yorkville Peter Huinker—Yorkville Phil Stuepfert—Yorkville Drew Daniels—Hillside Joe Roberts-Plano (See guest list for addresses). Some others present did not sign in. Mayor Arthur Prochaska called the meeting to order at 7:05pm. There were no Public Hearings Page 2of10 PRESENTATIONS: 1. PC 2004-21 Anderson Farm Concept Plan & 2. PC 2004-22 Challey Farm Concept Plan Items continued to next C.O.W. 3. Parks Master Plan Draft— Update by Mike Schoppe This is an update of the Parks Master Plan. Laura Brown said there was an overlay of bike paths, incorporated proposed parks and new park developments. The Park Board has reviewed and recommended to accept. Moves forward to City Council next week for consideration. DETAIL BOARD REPORT (Bill List): Alderwoman Spears had questions regarding the following bills: answers in italics 1. Page 9, item 2, Panera Bread certificate $40 Item was get well present for City employee 2. Page 9, item 13, Subway lunch$52.94 Lunch for City comprehensive land planning meeting on October 28 3. Page 15, Water Operations, $255 Pipefitting for City truck 4. Page 18, Juvenile Program training, $75 PTI test for juvenile officer certification 5. Page 29, Police tires rotated, $327.16 Tires purchased& rotated for M-12 Expedition 6. Page 31, YEDC annual meeting, $90 Mayor, Finance Director& City Administrator attended annual meeting, City is member of YEDC The bill list moves to City Council for passage. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1.Assist First Time Homebuyer Down Payment Assistance Program No discussion 2. Nextel Contract and 3. SBC Long Distance Contract Alderwoman Spears requested copies of all plans offered and evaluated and also a list of the City employees who need phones. She also questioned the long distance charges. These are charges for the land line phones. Administrator Graff noted the following: there is a$10,000 discount for the Nextel plan and long distance service is also covered in this plan. The Mayor stated that the staff is continually trying to Page 3 of 10 reduce phone costs. Ms. Spears asked to vote on the three consent agenda items individually. The items will be moved to the Administration committee. MAYOR: (Items discussed out of order) 4. Deuchler Construction Services Contract for Rob Roy Creek Interceptor Kelly Kramer stated her office had been in contact with the Sanitary District and that the Rob Roy Interceptor contract should be awarded to Glenbrook Excavating and the alternate material of fiberglass was also recommended. However, a letter had been received from Walter E. Deuchler Associates who suggested the use of PVC. The Sanitary District also concurs with the use of PVC. A recommendation from the Council was requested in order to award the Glenbrook Excavating bid at the next City Council meeting. Ms. Kramer also spoke with the City Engineer who was supportive of either material. Philippe Moreau of Walter E. Deuchler Associates stated that the Hobas pipe will meet the specs,however, it will require vigilance in the installation process. Mr. Moreau said an on-site person would be present to assure proper installation. This moves forward to City Council for consideration. 2. Risk Management Annual Insurance Coverage Bill Bloch from Illinois Municipal League Risk Management Association(Chubb Insurance) was present to provide details of his company's plan. He noted that the City had been with his association since 1999 and that 741 municipalities in Illinois participate in his program. He briefly compared his plan to that of County's who gave a presentation the previous week. Mr. Bloch's organization has no deductibles on any liability coverages and over the past 4-1/2 years, the City has had what would be $8,000 in deductible claims. His company has a 2% early pay discount and there is a current deadline of November 19t. Ms. Pleckham had requested an extension to allow some time to discuss the offer. Mr. Joe Roberts of Caywood and Associates was also present to answer any questions pertaining to a presentation made on a previous date. Alderman Sticka said one issue he was aware of, was the difficulty in reaching Chubb personnel. Chief Martin also said he had had difficulty in contacting particular persons to assist him. Page 4 of 10 Mayor Prochaska ascertained that any sewer backup would be covered by Caywood. The City is currently pursuing compensation from Chubb regarding a sewer backup on Naden Court in 2003. Alderwoman Burd questioned why the claim had not been pursued legally. Based on a cost analysis, no court action was filed at the time and the City ultimately settled with this resident. This claim will be further investigated by Chubb Insurance at the request of the Mayor. Alderman Sticka pointed out the substantial difference between the liability amounts of the 2 different insurance companies. Caywood said that liability amounts can be added. Customer service is also an important issue stated Alderman Kot and Ms. Pleckham added that it is important to be able to have 1 person to call which they felt is not the case with Chubb. Chief Martin also related an incident with a squad car involved in an accident. After numerous phone calls, the Chief turned the matter over to a staff member to settle. City Administrator Graff made a recommendation to utilize Caywood and Associates. He felt that IML is adequate,but he would like to look at other insurance companies. Mayor Prochaska said that his concern was that the differences in the basic coverages do not compare. He would like to see further numbers regarding the insurance. No conclusion was reached and Mr. Bloch agreed to an extension to November 23rd for a decision and the City would still receive a 2% discount. The Mayor also asked to see numbers for replacement costs. Due to many unanswered questions, the decision may even be made at a later date of December 14th. At 8:10pm, this presentation concluded. MAYOR: 1. Request to Consider a 12-Month Residential Housing Moratorium Ms. Kramer opened the discussion by saying that other towns, including Plainfield and Naperville, are currently exploring options of controlling growth. One such method is the "rollback moratorium"which looks at the impact of many different factors and is structured to roll back density. This is a very stringent process. Another type of moratorium is to revise the comprehensive plan that would provide for certain zoning changes. Ms. Kramer briefly discussed further restrictions and factors regarding the burden on schools,roadways, infrastructure etc. Page 5 of 10 Alderwoman Burd then asked that Alderwoman Spears be allowed to explain why she had requested the moratorium issue to be placed on the agenda. Ms. Spears stated that she was asking for Council consideration for a 12-month moratorium for many reasons. (Please refer to Ms. Spears written statement that she read at this meeting. This statement is included as part of the official minutes). At the conclusion of her statement, Ms Spears added that she had attended the 4th annual growth conference recently. She said that Kendall County is the 4th fastest growing county in the U.S. according to the 2003 census. She also provided, from this conference, additional facts and figures regarding growth. a1 minute tape malfunction when changing tapes) Aldermen Larry Kot and Paul James replied they felt the moratorium was not viable and would actually have a negative effect on commercial growth. Alderman Sticka added that commercial growth could go to Montgomery and then Yorkville would not realize any revenue. Additionally, many improvement projects, such as the radium project, depend on funding from new developments. Ms. Spears cited a recent example of a request for a 6-story structure. She felt the- City is not equipped with fire equipment for a building of this height and said the City needs the equipment prior to such structures being built. She called for finalization of the ordinance pertaining to these circumstances. Mayor Prochaska said he had a discussion with developers about front-funding the fire-fighting equipment needed for taller buildings. He gave an example of a developer who has front-funded money that has paid for a police vehicle and additional police officers,paid for additional engineering staff and purchased public works equipment. To date,not one house has been built by that developer. The Rob Roy Creek project is also paid for by developer dollars. Alderman Sticka added that growth can't be stopped, it will just be approved by a nearby town and then sales tax money, which is the greatest source of City revenue, will be lost. Alderwoman Burd then added that the City is doing a good job in many areas, but she believes that some Council members are being discouraged from discussing issues such as the moratorium. She approved of Alderwoman Spears bringing the moratorium issue up because constituents have been concerned about controlling growth. She feels it is time to pause and review if the City is doing the right thing. She believes growth will be stopped when traffic can't get through at Rte. 34 and Rte. 47. She would like public comment regarding this issue. Page b of 10 According to Mayor Prochaska the moratorium issue should have been discussed first at the committee level, however, he stated that he would open the floor to brief comments from citizens. Prior to comments, Ms. Kramer clarified that Ms. Spears does not intend for the moratorium to apply to those who have already filed applications for developments. Stan Free, Chairman of the Yorkville Economic Development Corporation and Dr. Robert Brenart, School Board President,both spoke in favor of continued balanced growth, land acquisition and additional developments to support big box retailers. A letter from Alderwoman Wanda Ohare, who was out of town,was read by the Mayor. She stated her support for continued growth and does not favor a moratorium. (This letter will become part of the official minutes.) Alderwoman Spears asked if the matter could be placed on an election ballot for a non-binding assessment of the feelings of the citizens. It was felt by Alderman Besco that even though houses continue to be built,the commercial growth has not been as aggressive. The property near Jewel and Menards is now valued at $500,000 per acre, according to the Mayor, and potential developers are now looking more carefully at numbers of rooftops due to the cost of land. He felt that businesses will still come to the area, but they will build where they feel welcome. The Council was divided as to whether discussion should be continued on the moratorium issue after being asked by Mayor Prochaska. It was suggested by Alderman Kot to vote on the moratorium issue,however, Ms. Kramer noted that a vote could not be taken on this issue. An ordinance is needed for a moratorium. In order to clarify the opinion of the Council, Mayor Prochaska asked each Council member if they were in favor of a moratorium. He then stated the matter could be brought to committee if so desired. This discussion concluded at 9:30pm. 5. Fox Hill Tax Levy Ms. Kramer stated that she is not aware of any towns having a backup SSA. The amount to be levied will be verified with Laura Brown and Eric Dhuse. This information does not need to be published, however, a line item in the budget may need to be revised according to Ms. Pleckham. This matter will need to be discussed at Administration in December,then at C.O.W and finally, at City Council. Page 7of10 (skipped forward to "Park Board") PARK BOARD A proposal for a new Parks Maintenance Facility was received from Sente Rubel Bosman Lee Architects in an amount not to exceed $7,750.00. Parks Director Laura Brown recommended approval of an agreement with this firm and she also recommended an ad hoc committee be formed to work with the architect. This project will be funded by land cash. Alderwoman Burd suggested two City Council members be included on this committee. This item moves to City Council for the consent agenda. 4. Deuchler Construction Services Contract for Roby Roy Creek Interceptor City Administrator Tony Graff explained that when Deuchler was hired to do the engineering design,they were not hired to manage the construction. It was recommended to hire Deuchler for the construction as well. This moves to the City Council consent agenda. (#5 previously discussed) 6. Upper Illinois River Valley Development Authority—Countryside Housing LLC Revenue Bonds Notification from Upper River Valley was received to advise that revenue bonds will be issued to begin improvements to senior housing in Countryside. No action is necessary and it moves forward to the consent agenda. Administrator Graff will send a letter to this agency stating the City has no objections to the bond issuance. 7. Community Relations Manager Job Posting Mayor Prochaska recommending posting this job now for a start date in 2005. Alderwoman Spears said she would like more discussion on this item,however,the Mayor noted that this position was already approved in the budget. He will obtain a copy of the job description for her. ECONOMIC DEVELOPMENT COMMITTEE 1. Revised PUD Ordinance A filing deadline change requested by Alderman Sticka was incorporated into this ordinance. This will move on to the City Council regular agenda. Page 8 of 10 2. Appearance Code Alderman Sticka reported that some builders are still objecting to parts of this code. There was a brief discussion regarding the brick requirement on the fronts of residential structures. This agenda item moves forward for consideration and vote. 3. F. E. Wheaton—Sales Tax Initiative Agreement Jeff Brown of F.E. Wheaton was present to speak about road improvements needed at Rt. 47 and Wheaton. They are willing to front the costs of$300,000 to improve this dangerous intersection. This issue will return to C.O.W. and Attorney Dan Kramer will also review. 4. Yorkville Supportive Living,LLC-PUD Agreement The amendments to this development were included in the meeting packets. The following changes were made: • Increased density • Facility will be assisted living • Age minimum changed to 65 years and older • # 5 should read developer(not developre) • 55 uncovered parking spaces will be allowed • Patio will be added on northwest corner A site plan and building plan were then shown by representatives of Yorkville Supportive Living. These documents will be added to the agreement so that a vote can be taken. It was noted that this form of living facility is needed in Yorkville. Transportation will also be provided by this facility. This item moves to City Council. 5. Autumn Creek—Annexation and PUD Agreement and Preliminary Plan This item was continued since the developers are redesigning the plan. Alderman Kot requested an overlay to the comprehensive plan, of any future development. Ms. Kramer added that Mike Schoppe reviews such plans to assure they are in compliance with the comprehensive plan. Page 9 of 10 PARK BOARD (item#1 discussed earlier in meeting) 2. Windett Ridge Reimbursement This was an unbudgeted item. As part of the PUD and annexation agreement,the Park District agreed to pay the developer for half of the bike path cost using land cash. This will move to the City Council consent agenda. 3. Naming of River's Edge Park#3 A suggestion was made to name Park#3 in Rivers Edge subdivision—Crawford Park- in honor of Harry Crawford. He previously owned this land, was a former Postmaster and was involved in community activities. His daughter submitted this request. Signs will be ordered upon approval. A recommendation was made to name the park in Country Hills subdivision— Kiwanis Park—to honor the Yorkville Kiwanis. Both of these requests will proceed to City Council for consideration on the consent agenda. PUBLIC WORKS COMMITTEE 1. Bruell Street Forcemain & Sanitary Sewers—Change Order This item was tabled due to negotiations. PUBLIC SAFETY COMMITTEE No report ADMINISTRATION COMMITTEE 1. Monthly Budget Report Summary for August 2004 Alderman James reported that the budget is at 33%for the fiscal year, revenue funds are at 30%and expenses at 24%. The 125%increase for computer maintenance was questioned by Alderwoman Spears. This indicates a project completion. Page 10 of 10 2. Part Time IT Tech Job Description This recommendation originated from the Technology committee. The salary for this part time position would be approximately$22-28 per hour and this position could become full time in the future. Item proceeds to City Council agenda for consideration on the consent agenda. 3. 2004/2005 Tax Levy Two scenarios were presented. Based on a 7-10%increase in residential property assessment, Ms. Pleckham arrived at a conservative .7463 levy rate. There is an $80,000 difference between the two rates proposed. Alderman Kot said that one of the objectives was to reduce the tax levy rate and he believes this levy rate accomplishes that goal. This matter will proceed to City Council and a recommendation will be made. The information will also be published. 4. Salary Schedule Mayor Prochaska suggested that salary ranges increase incrementally with COLA to avoid large increases every few years. He said that some employees might accelerate faster due to merit raises. Alderwoman Spears voiced her disapproval of some of the salary ranges. The purpose of these adjustments, according to Mr. Kot, is to attract quality personnel. However, it was noted by Ms. Spears that the City received many responses to the last two job postings. The Mayor requested Ms. Pleckham to revise the lower end of the salary schedules downward. More discussion followed on the salary ranges and specific examples of adjustments were cited. This proceeds to City Council for consideration. ADDITIONAL BUSINESS Alderman Munns asked members of the Administration Committee if the question of employee contributions to health insurance was discussed. There was no additional business and the meeting was adjourned at 10:57pm. Minutes respectfully submitted by Marlys Young, Minute Taker Page 1 of 7 UNITED CITY OF YORKVILLE DRAFT Committee of the Whole Meeting Tuesday,January 18,2005 7:00 PM City Conference Room City Council Members Present: Alderman Besco Alderwoman Burd Alderman James Alderman Kot Alderwoman Ohare Alderwoman Spears Alderman Sticka City Staff Present: Mayor Art Prochaska Police Chief Harold Martin City Attorney John Wyeth City Administrator Tony Graff Parks &Rec Director Laura Brown Finance Director Tracy Pleckham Public Works Director Eric Dhuse City Intern Bart Olson Guests signed in: Hugh Robinson—Tri-Land Property Chuck Brooks-347 Windham Greg Hafemann—Tri-Land Properties Mason Oliver—FIRM Properties Bary Magu—Resident Public Hearing: none Presentations: none Detail Board Report(Bill List): Alderwoman Spears stated that they had not enough time to look these over since they had just received the list this evening, so they will need to ask questions next week. Mayor Prochaska stated they were in the mail boxes last Friday. Tony Graff added that Liz apologized for them not being ready on Thursday when supposed to be ready. He suggested if the Council Members had any questions to please call in and ask before the City Council Meeting to help answer them. This was moved on to City Council. Items recommended by Committee for Consent Agenda: 1. Monthly Treasurer's Report for April 2004—Admin 1/6/05: Mayor Prochaska stated that this is the report for 2004 and the Audit is finished now. He asked if there were any questions to please talk to Tracy Pleckham to move this onto City Council. Alderwoman Ohare asked where she would find an area with a fund balance. Tracy Pleckham responded that the fund balance would be effective for December's report and it will show what funds are left. This will go on to City Council as consent agenda. 1 Page 2 of 7 Mayor: 1. Ordinance Approving a Tax Increment Financing Redevelopment Project and Plan for the Proposed Tax Increment Redevelopment Area—COW 12/21/04: There was a question of if this item was the same as to be discussed under Admin#2. Tracy Pleckham stated that this is the actual ordinance approving the fmancing and under Admin#2 is the ordinance for authorizing ordinance for the alternative revenue bond. Mayor Prochaska stated they are looking here at the ordinance that actually creates the TIF. This will come back to COW one more time with performance triggers added before moving on to vote by February 21St. Administration Committee: 2. Countryside Center TIF—Alternative Revenue Bond Ordinance—Admin 1/6/05: Tracy Pleckham handed out more paperwork to support this item at the meeting. She stated this ordinance is basically to starting the process of the alternative revenue bond issue. There is a time table in the packet showing the Committee how this will move forward. It is as follows: • City Council January 25, 2005 Adopt Authorizing Ordinance o January 27, 2005 —Publish Authorizing Ordinance and Notice of Intent o February 28, 2005 —Backdoor petition period ends • Committee of the Whole Feb. 1, 2005 Mayor executes BINA Order o February 3, 2005 —Publish and post BINA Hearing • City Council February 22, 2005 Hold BINA Hearing • City Council March 8, 2005 Bond Sale/Adopt Bond Ordinance Given the above proposed timetable, the bond closing would occur before March 31, 2005. Tracy Pleckham went over the time table with the Committee as well as Mr. Graff helping explain the steps the City will go through. The Committee discussed if the consultant the City has used for the TIF already would be an eligible expense to be paid back to the City with the funds made available. These expenses will be reimbursed back to the City by the developers. URS is the company that was used for consulting for the TIF and they will no longer be used by the City for this matter. Alderman Sticka stated he generally supports the idea of the TIF due to if it goes well there will be a big increase of sales tax revenue for the City, but he wanted to 2 Page 3 of 7 remind everyone there is a risk. The City is issuing general obligation bonds, if the source fails for some reason; it is the City's obligation then to retire those bonds. It would take a lot for the source to fail, but he wants it clear to all that it is not without risk. Mayor Prochaska stated that they are monitoring to make sure there is certain performance happening before dollars are released through the stages,to minimize the exposure of the City. The Committee will have to vote on this to start the bond process and there will be a secondary vote later to buy bonds. This item will go to City Council under Administration on 1/25/05. Mayor cont... 2. Big Brothers Big Sisters — Bowl for Kids' Sake 2005: February 27, 2005 at 5:30 pm at Hometown Lanes in Plano: Mayor Prochaska stated he is looking for bowlers to support this event and represent the City. He reminded everyone that Oswego and Plano participate in this event as well for some fun competition. If anyone is interested they are to contact the Mayor. 3. City Council Goal Setting Session — Saturday January 29th or February 5th: Mayor Prochaska asked the Committee members which date they would prefer to set to sit down and discuss the goals they have as City Council for the New Year. All present agreed to set it for January 29, 2005 at 9:00am. 4. Creation of Mayor's Advisory Ad-Hoc Committee for filling the Community Relations Manager position: Mayor Prochaska stated he has asked Val Burd, Rich Sticka, and Paul James to be on this Committee and he would also like to have Marty Munns on this. Mr. Munns was not present this evening to say 'yes' or 'no'. The applications are due this Friday so they need to get together to determine the first meeting to go over applications. They also need to determine a set of questions that the applicants will answer during their interviews. The meeting will go into executive session when determining these questions for new personnel. They agreed to set this meeting for Wednesday, January 26, 2005 at 6:30 pm to keep this moving along. 5. Creation of Advisory Ad-Hoc Committee to determine short term and long term Senior facility needs: Mayor Prochaska would like to put this Committee together to determine the Senior needs having Rose Spears involved. He would also like to have the Community involved with this Committee to bring new ideas in. Alderwoman Spears stated she has already spoken to three people who are looking to be involved. The Committee should be kept around 7-9 people and if anyone is interested they can contact Mayor Prochaska or Alderwoman Spears. If there are enough people by next week, they will look to schedule a meeting. The Park and Rec staff will be involved when needed as well. 3 Page 4 of 7 Economic Development Committee: 1. Gospel Assembly Church Annexation Agreement: Alderman Sticka stated there were some grammatical errors that will be fixed before this moves on to City Council to be voted on. It is ready to move forward from here. Alderman Kot questioned the safety issue of traffic being let out onto Rt 71 where there is a 55 mph area. Chief Martin will have IDOT look into this to have the speed limit reviewed with the increase of traffic. Mr. Graff added that there is a 40-49 acre development looking to go in within the next 30-60 days that should be able to help with the drive issue Alderman Kot is concerned about. The Committee agreed to move this forward for vote. Park Board: 1. OSLAD Bike Path Grant Application Request for Grande Reserve — Pk Bd 1/10/05: Laura Brown stated to the Committee that they are looking for approval to submit the 50-50% match. The actual estimate to construct the bike path will be paid 50% by the OSLAD grant and the other 50% will be paid by MPI park development funds. This will connect this trail to the Montgomery Trail which is also planned to connect to the Fox Valley Trail system. This will get all four miles of the trail constructed over a two year period. The Committee agreed to keep this moving forward. This will go onto City Council. The Grant application is due by March 1, 2005. Public Works Committee: 1. In Town Road Program —Add Hydraulic Avenue—PW 12/27/04: Alderman Besco stated that the watermain connection between Fox and Washington was excluded from the contract due to not being able to obtain easements at the time. Mr. Joe Wywrot is suggesting that the City add the watermain on Heustis between Hydraulic and Fox. The Committee discussed the reason for the easements not being able to be obtained. Mr. Dhuse stated to the Committee that with this work being done will be a little more work added to the improvements. Mr. Dhuse also updated the Committee on the work that is being done now. This will move forward to City Council as consent agenda. Public Safety Committee: No Report Administration Committee: 1. Mayor Pro-Tem Policy — COW 12/21/04 and Admin 12/1/04: Alderman James stated that the Admin Committee came up with the Policy that is before the Committee now. It will be for a yearly basis and City Council will approve the person appointed. The person appointed will be temporary chairman running the 4 Page5of7 meeting, but still able to vote as an Alderman. Mayor Prochaska stated the City is looking at this as part of the City's disaster emergency planning. The Committee discussed how the person would be chosen. The Committee decided that at the first meeting in May the Council will be a straight election meaning nomination and majority vote for the selection and that person will not serve as Mayor Pro- Tem for two consecutive years. City Attorney John Wyeth will look this over and a final draft will come back to COW on 2/1/05. 3. Director of Public Works Salary Survey — Admin 1/6/05: Alderman James stated that the Committee had looked over the low/high provided from other Communities and they agree the Director's Salary is out of line. They have found that the average they found is as follows: Low Actual High Averages: $62,466 $74,489 $81,741 The Committee members looked this over and requested that Yorkville not be put in as part of finding the average. (Mr. Graff ran this while the meeting continued and found the #'s increased by approximately $500.00 each) Alderman James will get these changes to the Council by 1/25/05 and this will go on to City Council under Administration. 4. Draft Donation/Sponsorship Policy— Admin 1/6/05: The Council looked over the Policy before them. There were questions and concerns about the 'in kind sponsorship' portion of the policy and how this would be monitored to keep it from being abused. Laura Brown reassured the Committee that it does not get out of hand and was suggested to keep this monitored and report to the Committee the amount of'in kind sponsorship' used in an annual report. The Committee also agreed to send this to the Human Resource Commission to look over since they will be deciding on the sponsorships. They will provide the Committee members with any suggestions or feed back on the policy before them. 5. Draft Wearing Apparel Policy — Admin 1/6/05: The Committee looked over the Policy before them. Alderwoman Ohare stated she would like to add item#5 —Department Staff will refer to own Department Policies. Tracy Pleckham stated this will be for the 12-20 staff that would be eligible that does not have to wear uniforms now. Since there were very strong feelings in opposite directions on this issue, Mayor Prochaska asked all Council Members present how they feel about keeping this policy. • Alderman Besco stated that these shirts should be purchased for a special event so that the City may be able to get a discount. He thought these could be given out at the Appreciation Dinner to employees, but it should not be a budgeted item. • Alderwoman Burd stated that she is against this policy in its entirety. • Alderman Kot stated that this is a small amount of money they are looking at and he has no problem with this policy. No one is forcing the staff to 5 Page 6 of 7 buy these either. He also stated that there are few places where you could fmd these apparel items with Yorkville's logo and they do have a set price. He also stated that this shows the City cares about employees having support for their City. • Alderwoman Ohare stated she thinks it is great to have these, especially for events in the Community. The staff and Council members would be recognized for the citizens to approach them easier. • Alderwoman Spears stated that she has paid for her own, except for one item and feels others could pay for their own as well. She does not want to continue having this policy in the City. • Alderman James stated he is for it and feels it is important for team building. He stated if the City were to buy bulk that would most certainly cost more that the 12-20 items that may be purchased in one year. • Alderman Sticka stated he was for it and feels it is team building as well. This will be up for vote at City Council on 1/25/05. 6. Draft Tuition Reimbursement Policy—Admin 1/6/05: The Committee looked over and discussed this policy in depth. There were questions as to how to separate the funds available between staff when there is a limited amount of funds available. At budget time it is thought that this should be left up to Department heads to have the fmal say, and there is always the decision to split the available funds up evenly among those who wish to continue education. As far as job related courses being made available for reimbursement by the City the Mayor asked the Council Members how they each felt on this. The responded as follows to 'do they support staff having career development with tuition reimbursement?' • Alderman Besco is in support with restrictions being set and good working policy. • Alderwoman Burd stated she may be in support, but was not sure at this time. • Alderman Kot is in complete support using Police Chief Harold Martin as an example. • Alderman Sticka is in support and reminded everyone that the Council usually only hears from the upset citizens and to remember those not complaining who do not call in. • Alderman James is in support. • Alderwoman Spears is not in support. • Alderwoman Ohare is in support. They will move forward Section 8.6d and 8.6i to City Council. They will also look into what nearby communities have as policy to compare to this policy. 7. Draft Disposal of City Property Policy — Admin 1/6/05: The Committee looked this over and found the last sentence under#1 had to be changed. Instead of using `disposal', they wish to change it to saying 'to either dispose to either an 6 Page 7 of 7 authorized recycling vendor or garbage vendor'. This will be retyped and move on to City Council with the verbiage fixed as consent agenda. The reason this was decided to be changed is there was concern of employees walking away with City property. Additional Business: • Alderwoman Burd stated she has been appointed to the Adhoc Committee of Tourism Council to look at ways to keeping the Midwest Literary Festival. This event is in Aurora and brings people in from all around Chicago. This event has only been funded by Aurora for the last two years. She asked the Committee members present this evening to look for ways to keep this going and ways for Yorkville to be a part of. • Alderwoman Spears stated that the Elder Friendly Seminar that is going to occur is trying to find a location. They were trying to use St. Patrick's, but the rate was $150.00 and they were also looking into Oswego Recreation Department, as well as somewhere in Montgomery. Alderwoman Spears feels this event should be kept in Yorkville. The Committee suggested looking at other nearby Churches to see if the fee could be waived. • Alderwoman Spears announced that she is taking Polar Plunge Pledges. This event takes place at Loon Lake on March 5th and funding goes to Special Olympics. • Mr. Graff stated that the lights at Countryside on the east side are working and the lights on the west side will be working by Wed or Thurs. The meeting was adjourned at 9:59pm. Minutes by: Sheila Teausaw 7 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 1/22/05 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $20,798.10 $0.00 $20,798.10 $1,591.04 $1,515.43 $23,904.57 ENGINEERING $9,297.14 $0.00 $9,297.14 $711.21 $756.78 $10,765.13 POLICE $54,965.02 $1,497.75 $56,462.77 $4,319.40 $316.62 $61,098.79 PUBLIC WORKS $19,598.20 $4,777.04 $24,375.24 $1,864.70 $1,947.67 $28,187.61 LIBRARY $5,591.12 $0.00 $5,591.12 $427.73 $267.25 $6,286.10 RECREATION $12,482.62 $0.00 $12,482.62 $954.94 $703.03 $14,140.59 PARKS $7,635.59 $0.00 $7,635.59 $584.12 $621.53 $8,841.24 TOTALS $130,367.79 $6,274.79 $136,642.58 $10,453.14 $6,128.31 $153,224.03 TOTAL INVOICES 02/08/2005 604,585.51 Less$185.00-National Association of Cities TOTAL PAYROLL 01/08/2005 151,592.25 page 24 on Bill List TOTAL PAYROLL 01/22/2005 $153,224.03 TOTAL DISBURSEMENTS $909,401.79 REVISED 2/04/05 VI `,�t�o c�?/„.o United City of Yorkville Memo '" 800 Game Farm Road EST% 1836 Yorkville, Illinois 60560 ,6 Telephone: 630-553-4350 do, ', Fax: 630-553-7575 -14 Kowa county I. 4E `vim Date: February 4, 2005 To: Tony Graff—City Administrator 6.9)' , From: Traci Pleckham—Finance Directo CC: Mayor Prochaska, Attorney Wyeth Subject: Library Expansion As a follow up, Kevin McCanna of Speer Financial confirmed that should the City expense soft costs relating to the Library Expansion, those soft costs can be reimbursed through the bond proceeds when issued. Only soft costs can be reimbursed,meaning that any construction costs would not be reimbursable. As discussed at the November Library Expansion meeting, based on the estimated timing of the construction bidding, the bonds are scheduled to be issued in June or July. Should BCA determine the project is ahead of schedule, the bond sale could be sooner. 1 4,0circ United City of Yorkville Memo �"" 800 Game Farm Road Est%NIII �+ ,aes Yorkville, Illinois 60560 4 Telephone: 630-553-4350 0 I . � V. 0 9 Fax: 630-553-7575 144LE 0'" Date: February 7, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Revised City Council Agenda, February 8, 2005 Attached is a revised City Council Agenda. An item has been added to the Mayor's Report— Item#4—University of Illinois 2003 RCPI Integrity/Public Trust Initiative and Subaward. This information is also attached. Please add this to your City Council packet. MIP/OP- 11 UNIVERSITY OF ILLINOIS Chicago •Springfield• Urbana-Champaign Grants and Contracts Office 109 Coble Hall 801 South Wright Street Champaign,IL 61820-6242 January 6, 2005 Arthur Prochaska Jr. Mayor United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Re: Subaward No. 2003-00648-1 Grant Code: A6599 (reference in invoices) UNC Project Director: Dr. Robert Rich Dear Mayor Prochaska: The Board of Trustees of the University of Illinois(hereinafter"University")has received Award No. 2003HSWXK007 ("Prime Award") from the U.S. Department of Justice ("Agency") in support of a project entitled"2003 RCPI Integrity/Public Trust Initiative". A copy of the Prime Award is attached hereto and incorporated herein as Exhibit A. Said Prime Award contemplates collaborative effort by University and United City of Yorkville(hereinafter"Subawardee"). The purpose of this Subaward is to facilitate Subawardee's collaborative effort in the above identified project subject to the following terms: 1. Subawardee agrees to perform its work as required by its proposal, which is attached hereto and incorporated herein as Exhibit B. Subawardee's Project Director is Mayor Arthur Prochaska Jr. 2. Subawardee agrees to comply, and reasonably assist the University in complying,with the applicable terms of the Prime Award. 3. Period of Performance-The period of performance of this Subaward is June 1, 2004 through June 30, 2005. 4. Funding-The total estimated amount of this Subaward is$10,000. The payment provisions, schedule, billing address, etc., applicable to this Subaward are set forth in Attachment 2. 5. Programmatic/Technical Reports: Subawardee shall provide any technical reports and/or assistance to meet the requirements of the Agency and the Prime Award as reasonably required by the University's Project Director who is Dr. Robert Rich. Telephone(217)333-2187•Fax(217)333-2189 • Financial Reports: Subawardee shall submit a financial accounting of all expenditures related thereto. 6. Special Provisions: The Clauses, Certifications, and/or Regulations identified on UI Form, Attachment 1 hereto, are hereby incorporated by reference. If the terms of this Subaward are acceptable, please have each copy signed by your authorized organizational representative, complete appropriate sections of UI Form, and return one fully executed original of this Subaward and its Exhibits and Attachments to the address above. Should you have any questions, however,please contact DeAnn Behrens at(217) 333-9273 or dbehrns@uiuc.edu. THE BOARD OF TRUSTEES OF THE UNITED CITY OF YORKVILLE UNIVERSITY OF ILLINOIS Stephen K. Rugg, Comptroller Signature By signing this document the Subawardee is providing the required certifications set forth in UI FORM. In addition,the Subawardee certifies that the information contained herein is true and complete to the best of its knowledge. EXHIBIT A ; '�'.i► U. S. Department of Justice Office of Community Oriented Policing Services = r, COPS Training and Technical Assistance Award Award#: 2003HS:'VXK007 Project Title: 2003 RCPI Integrity/Public Trust Initiative ORI#: IL125ZZ The Board of Trustees of the Awardee: ,University of Illinois Vendor#: 37-6000511 Law Enforcement Executive: Research Board Chair Charles F.Zukoski Address: 801 S.Wright Street Address 2: 109 Coble Hall City,State,Zip Code: Champaign,IL 61820 Telephone: (217)333-2187 Fax: (217)333-2189 Government Executive: Director J.J.Yamcror Stephen K. Rugg, Comptroller Address: 801 S.Wright Street Address 2: 109 Coble Hall City,State,Zip Code: Champaign,IL 61820 Telephone: (217)333-9273 Fax: Grant Award Conditions: This project is approved subject to such conditions of limitations as are set forth on the attached pages. Statutory Authority for Grant Award: The Public Safety Partnership and Community Policing Act of 1994,42 U.S.C.§ 3796dd(1994). Award Date: 6/1/2003 Award Period: From: 6/I/2003 To: 11/30/2004 Award Amount: $ 400,000.00 Agency Approval 23c) AUG Carl R.Peed Date 2 9 2003 Director Charles F. Zukoski (41:1,6„ Chair, Research Board Signature of Law Enforcement Official with the Typed Name and Title of Law Enforcement bate Authority to Accept this Grant Award Official Stephen K. Rugg, Comptroller Vic.,/05/ Signature of Government Official with the Authority Typed Name and Title of Government Official Date to Accept this Grant Award False statements or claims made in connection with COPS grants may result in fines,imprisonment, debarment from participating in federal grants or contracts,and/or any remedy available by law to the Federal Government. Award ID: 76484 e ,-, U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Award Terms 1. The Awardee of record must follow all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to:the requirements of OMB Circulars A-87,A-21, A-122 or the Federal Acquisition Regulations, as applicable(governing cost principles); OMB Circulars A-102 or A-110, as applicable(Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circulars A-133 (governing audits); the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; and with all other applicable program requirements,laws,orders,regulations, or circulars. 2. Obtain written approval from the COPS Office prior to the expenditure of Agreement funds for the award of non- competitive contracts (including equipment purchases)in excess of$100,000. 3. Submit one copy of all reports and proposed publications resulting from this agreement twenty(20)days prior to public release. Any publications(written,visual,or sound)or computer programs,whether or not published at government expense, shall contain the following statement: This project was supported by grant#2003HSWXK007 by the U.S. Department of Justice Office of Community Oriented Policing Services. Points of view or opinions contained in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. 4. Comply with the COPS Office policy on contact with the news media. The policy establishes the COPS Office Communications Division as the principal point of contact for the news media for issues relevant to the COPS Office and/or parameters of the award. The grantee agrees to refer all media inquiries on these topics directly to the COPS Communications Division(202-616-1728). 5. If required, submit all surveys,interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget(OMB)for clearance under the Paperwork Reduction Act(PWRA)of 1995. 6. If any part of the funded project contains research or statistical activities which involve human subjects that are not covered by an exemption set forth in 28 CFR Section 46.101(b)(1-6), the grantee must meet the provisions of the Department of Justice's common rule regarding Human Subjects Research Risk Protections, 28 CFR Part 46, prior to the expenditure of Federal funds to perform such activity(ies). The grantee also agrees to comply with 28 CFR Part 22 regarding the safeguarding of individually identifiable information collected from research participants. 7. Implementation of this award shall be subject to Federal or third party monitoring,auditing, and/or evaluation and/or a Single Audit Act audit(see OMB Circular A-133). The grantee agrees to cooperate with such activities by providing access to and copies of, as appropriate, all project-related records, documents and personnel, and making any necessary adjustments to grant activities as a result of such monitoring, evaluation,or audit. 8. Failure to comply with the terms and conditions of this award may result in legal sanctions including,but not limited to, suspension and termination of funds,repayment of expended funds, and ineligibility to receive additional COPS funding. 9.A hold may be placed laced on this award if it is deemed that the grantee is not in compliance with Federal civil rights laws and/or is not cooperating with an ongoing Federal civil rights investigation. 10. False statements or claims made in connection with COPS awards may result in fines, imprisonment, debarment from participating in Federal grants or contracts, and/or any other remedy available by law to the Federal Government. 11. The grantee will submit quarterly financial status reports on the standard government form(form number SF269A), and will submit a final SF269A form at the end of the grant period. 12. The grantee must submit a final progress report that details all project activities. U.S. Department of Justice Office of Community Oriented Policing Services (COPS) 1100 Vermont Avenue,NW Washington,D.C.20530 Cooperative Agreement# 2003HSWXK007 University of Illinois at Urbana and Champaign I. Statement of Authority This Cooperative Agreement between the University of Illinois at Urbana and Champaign, "the Awardee," and the U.S. Department of Justice Office of Community Oriented Policing Services (COPS Office), is hereby entered into under the authority of 42 USC Section 3796 dd (f). The purposes of this Cooperative Agreement are described below. II. Statement of Background and Purpose BACKGROUND The COPS Office developed the Regional Community Policing Institute(RCPI)Network in 1997 as a unique delivery system for providing training and technical assistance to law enforcement and the, community on implementing the philosophy and strategies of community oriented policing. The RCPT Network responds to emerging issues in public safety by developing training for law enforcement and community members and by providing technical assistance designed to those issues. Law enforcement agencies consistently cite that training is one of their most critical needs. Most agencies do not have access to or the resources for the training required to advance their community policing efforts. Through the RCPI Network, the COPS Office assists local law enforcement agencies in meeting their community policing training needs, as well as in related training such as police ethics, domestic violence, and community partnership building. Each Regional Community Policing Institute is an ongoing partnership of law enforcement, community, and educational entities. The mission of the RCPI Network is to provide comprehensive and innovative community policing training and technical assistance to law enforcement agencies, local governments and community members. To increase the understanding of, and commitment to, the community policing philosophy,the RCPI Network trains community members and local government officials with law enforcement officers. PURPOSE As part of its mission, the COPS Office seeks to create community policing environments that develop trust and mutual respect between law enforcement and their communities and to ensure equal treatment for all citizens. The overriding goal of the COPS Police Integrity Initiative is to continue to meet emerging and changing law enforcement needs by assisting agencies in creating or strengthening local programs that build trust between police and their communities. Ongoing strategies include best practices, the development of model problem solving partnerships, and comprehensive and consistent training being delivered through the national network of RCPIs. COPS Office Cooperative Agreement 11 2003HSWXK00 The purpose of this Ethics and Integrity Cooperative Agreement is to support the continuation of the national police integrity training being delivered by the RCPI network. The COPS Office funded the development of a basic ethics course for the individual officer and their supervisors, and the development of four targeted curricula for CEOs that address the top priorities identified by law enforcement executives across the country. This new funding will expand the delivery of this training series throughout the RCPI service area. In addition, the COPS Office is interested in supporting other integrity-related training and technical assistance that the RCPI is currently delivering, and in supporting new ideas based on emerging needs and priorities for addressing police integrity in the RCPI service area. III. Scope of Work For a period hereinafter set forth, the COPS Office and the Awardee will cooperatively furnish the necessary personnel, travel, supplies, and otherwise perform all things necessary for, or incident to,the performance of work(the accomplishment of functional objectives) as set forth below. A. Specifically, the COPS Office will: 1. Designate a Program Manager to participate in the planning and management of this Cooperative Agreement and to coordinate activities; 2. Provide information and technical assistance from government sources within available resources and as determined appropriate by the Program Manager; 3. Provide guidance to the Awardee in the planning and development of strategies used in the project and in the coordination of the project with law enforcement agencies and organizations interested in contributing their support; 4. Work with the Awardee to implement all requirements of this Cooperative Agreement. 5. Work with the Awardee to assist them in achieving the tasks and objectives in the Awardee's project proposal and implementation plan; 6. Work with the Awardee to achieve a seamless transition in any changes in the scope of the project whether the change is COPS Office initiated or an adaptation to the RCPI's changing customer needs; 7. Review and approve all periodic reports, curricula, training products, conference agendas, conference invitations and invitees and publications; and, 8. Reserve a royalty-free,nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal government purposes: (1)the copyright in any work developed under this Cooperative Agreement, subgrant, or contract; and (2)any rights of copyright to which an Awardee, subgrantee, or a contractor purchases ownership with support from a cooperative agreement. B. Specifically,the Awardee will: 1. Work closely with the COPS Office and Program Manager to achieve the tasks specified in the Cooperative Agreement; 2 COPS Office Cooperative Agreement#2003HSYVXK007 2. Provide further detail on project plans as requested by the Program Manager; 3. Adhere to the requirements or tasks specified in this Cooperative Agreement and not deviate from them unless requested adjustments are first presented to and approved by the Program Manager; 4. Submit for prior approval or disapproval to the Program Manager any proposed changes in key staff assignments or Governing Board members for this project and any significant changes in any partner's role or responsibilities; 5. Obtain written approval from the COPS Office prior to the expenditure of Agreement funds for the award of non-competitive contracts (including equipment purchases) in excess of$100,000; 6. Submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound)or computer programs, whether or not published at government expense, shall contain the following statement: This project was supported by Cooperative Agreement#2003HSWXK007 by the U.S. Department of Justice Office of Community Oriented Policing Services. Points of view or opinions contained in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. 7. Comply with the COPS Office policy on contact with the news media. The policy establishes the COPS Office Communications Division as the principal point of contact for the news media for issues relevant to the COPS Office and/or parameters of the Cooperative Agreement. The Awardee agrees to refer all media inquiries on these topics directly to the COPS Communications Division (202-616- 1728); 8. If required, submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget(OMB) for clearance under the Paperwork Reduction Act(PWRA) of 1995; and, 9. Agree to cooperate with the evaluator if an evaluation of this project is to be undertaken by the COPS Office or a third party and in consultation with the COPS Office, and agree to make reasonable adjustments to programs and activities in recognition of significant points of evaluation or feedback. 10. The awardee will maintain a Governing Board subject to approval of the COPS Office. The awardee will submit any proposed changes in the Governing Board's composition, operating plan, statement of purpose, reporting relationship of the RCPI Director or description of the role of the Governing Board reflecting any change in the role and responsibilities of the Governing Board to the COPS Office for approval. 11. The awardee will provide the services of a dedicated RCPI Director, subject to the prior approval of the COPS Office, as a single point of contact with the COPS Office. The RCPI Director will be responsible for the daily management and operation of the RCPI and the administration and implementation of, and compliance with, this Cooperative Agreement, the approved Implementation Plan, budget and other documents and financial and administrative requirements for this Cooperative Agreement. The RCPI Director will provide the COPS Office fourteen (14) days advance notice of all substantive project-related meetings, conferences, site visits and activities. 3 COPS Office Cooperative Agreement N 2003HSWXK007 12. The awardee will utilize award funds to support a dedicated project staff, for the implementation of program activities, which reports to the RCPI Director. The RCPI Director will be responsible for the daily management and operation of the awardee's staff. 13. The RCPT Director will submit to the COPS Office for review and approval/disapproval any proposed training and technical assistance provider at least fourteen (14) calendar days prior to the proposed date of utilization. The request for approval will include information, such as their vitae, supporting the proposed training and technical assistance provider's demonstrated expertise in training or adult learning that enables them to successfully perform the specific training and technical assistance tasks required under this Cooperative Agreement and the awardee's approved Implementation Plan. 14. The RCPI Director will submit a monthly summary report to the COPS Office (in their designated format), showing the total number of all training and technical assistance completed that month. Each report is due by the fifth (5th)business day of the following month. 15. The RCPI Director will submit a quarterly progress report on the status of all programmatic activity and deliverables to the COPS Office in a format that will be designated by that office. Reports are due by the fifth (5th) business day of the month following the quarter being reported on. For reporting purposes the Federal Fiscal Year quarters will be used (October 1-November 30/ December 1-January 31/February 1-March 31/April 1-May 31/June 1-July 31/August 1- September 30). 16. Upon completion of each quarter, the RCPI Director will provide to the COPS Office an updated training calendar. Each RCPI is required to maintain an updated website which contains this training information, plus other relevant programmatic and organizational information. C. The Awardee acknowledges that: 1. If any part of the funded project contains research or statistical activities which involve human subjects that are not covered by an exemption set forth in 28 CFR Section 46.101(b)(1-6),the Awardee must meet the provisions of the Department of Justice's common rule regarding Human Subjects Research Risk Protections, 28 CFR Part 46, prior to the expenditure of Federal funds to perform such activity(ies). The Awardee also agrees to comply with 28 CFR Part 22 regarding the safeguarding of individually identifiable information collected from research participants; 2. Implementation of this award shall be subject to Federal monitoring, auditing, and/or evaluation and/or a Single Audit Act audit(see OMB Circular A-133) and agrees to cooperate with such activities by providing access to and copies of, as appropriate, all project-related records, documents and personnel; 3. Failure to comply with the terms and conditions of this award may result in legal sanctions including, but not limited to, suspension and termination of funds,repayment of expended funds, and ineligibility to receive additional COPS funding; 4. A hold may be placed on this award if it is deemed that the Awardee is not in compliance with Federal civil rights laws and/or is not cooperating with an ongoing Federal civil rights investigation; and, 5. False statements or claims made in connection with COPS awards may result in fines, imprisonment, debarment from participating in Federal grants or contracts, and/or any other remedy available by law to the Federal Government. 4 COPS Office Cooperative Agreement#2003HSWXK007 D. Specific Requirements At a minimum, the following specific requirements shall be fulfilled by the Awardee during the specified timeframe. TASK 1 The RCPT will offer the COPS-funded ethics and integrity training courses to its service area. These include"Ethics for the Individual Officer" and the CEO Series topics throughout award period. TASK 2 The RCPI may provide training and technical assistance to COPS grantees that have received funding under the following initiatives throughout award period. • Creating a Culture of Integrity initiative • Promoting Cooperative Strategies to Reduce Racial Profiling initiative • Police as Problem Solvers and Peacemakers initiative TASK 3 The RCPI will provide additional ethics and integrity courses or technical assistance other than the COPS-developed courses which will provide outreach to minority and under served communities to build bridges and trust to law enforcement. Task 3 will be performed throughout award period. TASK 4 The RCPI will address integrity law enforcement issues/priorities that have either emerged or have been identified by the law enforcement and community members that your RCPI serves. Task 4 will be performed throughout award period. E. Performance Time Line and Deliverables The performance time line for all deliverables and their due dates (based upon an award date of 06/01/2003 which are considered to be significant in the performance of this Cooperative Agreement, shall be subject to the timetable outlined in the Awardee's Project Narrative and Implementation Plan. Three hard copies and one electronic copy of all deliverable items shall be delivered to the COPS Office(20) days prior to public release. The Awardee's Project Narrative and Implementation Plan (attached to this agreement) shall be incorporated into this agreement and the Awardee will be responsible for fulfilling all of the goals, objectives and tasks contained in the Project Narrative and Implementation Plan. Deliverables All deliverable items shall be furnished to the following project officer(20) days prior to public release. 5 COPS Office Cooperative Agreement#2003HSWXK007 Beverly Alford, Assistant Director U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, NW Washington, DC 20530 F. Financial Status Reports The Awardee will provide quarterly reports of project activity and expenditures. Specifically,the Awardee will submit quarterly financial status reports on the standard government form (form number SF269A). These should be received by the COPS Office within 45 days of the end of each of the following quarters (January 1-March 31 /April 1-June 30/July 1-September 30/October 1-December 31). The Awardee will submit a final SF269A form. IV. Period of Performance The period of performance of this Cooperative Agreement is 18 months from the Cooperative Agreement Award Start Date (award period 06/01/2003 to 11/30/2004). V. Financial Administration A. Funding: The total not-to-exceed amount of Federal funding to be provided under this Cooperative Agreement is $400,000 as specified in the official budget clearance memo that accompanies this document. B. Travel: All travel plans related to the Cooperative Agreement and to the development of the deliverables should be submitted to the Program Manager for review by the COPS Office. (1) Grantee Travel Cost reimbursement rates are governed by the grantee's own written travel policy. If the Awardee's written travel policy establishes reimbursement rates which exceed the applicable Federal rates,the Awardee must justify those rates as cost effective and obtain prior approval from the COPS Office. If the Awardee does not have a written travel policy, or if the Awardee's rates are deemed unreasonable, the allowable travel costs will be reimbursed based on the applicable Federal rates for the relevant geographic area. (2) If the Awardee is using awarded funds to pay for travel for non-grantees, the reimbursement rates for the approved project-related travel costs are governed by the applicable Federal rate for the relevant geographic area. C. Consulting Rates: Special authorization must be obtained from the COPS Office for daily consultant rates higher than $450. Authorization requires submitting a detailed written justification of the consultant rate to the Program Manager. Specific and detailed written justification for each additional consultant must be submitted to and approved by the COPS Office prior to obligation or expenditure of such funds. D. Project Budget: The approved project budget, dated 08/12/2003, is incorporated herein and made a part of this Cooperative Agreement. Movement of dollars between approved budget categories is allowed up to 10 percent(10%)of the total award amount as last approved by the COPS Office, providing there is no change in project scope. When the cumulative changes exceed 10 percent(10%) of the total award amount or change the scope of the project, prior approval from the COPS Office is required. The Awardee must give prompt notification in writing to the COPS Office of events or 6 COPS Office Cooperative Agreement 2003HSWXK007 proposed changes in excess of 10% of the total award amount. In requesting an adjustment, the Awardee will set forth the reasons and the basis for the proposed change and any other information deemed helpful for review by the COPS Office. E. Payment: All costs claimed for reimbursement, and payment, including the final payment, shall be submitted via the PAPRS system. F. Employment: Awardee acknowledges that nothing in this Cooperative Agreement shall be construed to create an employment relationship with the COPS Office or with the Federal government or to require provision of any benefits incident to employment. VI. Project Officer(s) A. COPS Office Beverly Alford, Assistant Director Office of Community Oriented Policing Services U.S. Department of Justice 1100 Vermont Avenue,NW Washington, DC 20530 (202) 514-5775 B. Awardee Charles F. Zukoski, Research Board Chair University of Illinois at Urbana and Champaign 801 S. Wright Street 109 Coble Hall Champaign, IL 61820 (217) 333-2187 VII. General Provisions The Awardee of record must follow all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of OMB Circulars A-87, A-21, A-122 or the Federal Acquisition Regulations, as applicable(governing cost principles); OMB Circulars A-102 or A-110, as applicable(Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circulars A-133 (governing audits); the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the current edition of the Office of Community Oriented Policing Services Grant Monitoring Standards and Guidelines for Hiring and Redeployment; and with all other applicable program requirements, laws, orders, regulations, or circulars. VIII. Modifications Modifications to this Cooperative Agreement may be proposed at any time during the period of performance by either party, and shall become effective upon approval by both parties. 7 COPS Office Cooperative Agreement#2003HSWXK007 IN WITNESS THEREOF,the parties hereto have caused this Cooperative Agreement to be executed as of the date therein written. Signature(s): ---!QAA9Carl R. Peed, Directoh Office of Community Oriented Policing Services Date: N O V 0 7 2003 Signature of the Law Enforcement Executive/Program Official with the authority to accept this grant award: Charles F. Zukoski, Research Board Chair University of Illinois at Urbana and Champaign Date: ///t/ . c° Signature of the Government Executive/Financial Official with the authority to accept this grant award: 44. Oc J. J. Kamcrcr, ircctor Stephen K. Rugg, Comptroller University of Illinois at Urbana and Champaign Date: 8 ___.. _,. _-__,L �nnvvcrawvnm t` ; , A., , U. S. Department of Justice Office of Community Oriented Policing Services(COPS) 1100 Vermont Avenue.NW Washington,DC20530 Memorandum To: Charles F.Zukoski,Research Board Chair Illinois at Urbana •nd Ch. i pai_ University of /, , ,-Y�"c 1 From: Beverly Alforv• ist• t r for, raining and Technical Assistance Division Anita Hairst• ,Project Ler,tor,/ and Technical Assistance Division 1' Bobbie Butler,Staff Accountant,Finance Division 1ca.l ux I Re: Training and Technical Assistance Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,allowable,and consistent with existing guidelines. Exceptions/Adjustments are noted below. Vendor #: 376000511 ORI#: IL125ZZ Grant#: 2003HSWXK007 Budget Category Proposed Budget Approved Budget Adjustments Disallowed Reasons/Comments Personnel $85,531.00 $85,531.00 $0.00 Fringe Benefits $20,322.00 $20,322.00 $0.00 Travel $37,704.00 $37,704.00 $0.00 Equipment $30,000.00 $30,000.00 -- $0.00 Supplies $48,877.00 $48,877.00 $0.00 Consultants/Contractors $89,427.00 $89,427.00 $0.00 Other $34,759.00 $34,759.00 $0.00 Direct Costs: $346,620.00 $346,620.00 $0.00 Indirect Costs: $53,380.00 $53,380.00 $0.00 Grand Total $400,000.00 $400,000.00 ,. $0.00 vit 2 'Ze'5/3"1?"-/TR//(1 Grand Total: Total Award: $ 400,000.00 Cleared Date: August 12,2003 Overall Comments: IL RICP (�j 001 01/04/2005 16:03 FAX 2172066063 vv0 " • U.S. Department of Justice of..f Office of Community Oriented Policing Services(COPS) Training and Technical Assistance Division 1100 Vermont Avenue,ATP' - Warhingronr,D.0 20530 November 4, 2004 Linda Drager,Director Regional Institute for Community Policing 'University of Illinois at Urbana-Champaign 2930 Montvale Drive, Suite B Springfield,IL 62704 RE: No-Cost Extension for COPS Grant#2003I1SWXK007 Supplement#0 ORI#XL12SZZ Dear Ms. Drager: The Office of Community Oriented Policing Services(COPS)has received your letter requesting an extension to your COPS 2003 Police Integrity grant Based on the information contained in your letter,your new grant end date is 6/30105. It is expected that you will have completed all phases of your department's project, as well as the drawing down of all grant funds,by this revised end date. If you anticipate needing additional time beyond your revised end date to complete all activities,or if you have any other questions regarding your COPS award,please feel free to contact your Program Manager Toni Morgan-Wheeler at(202)616-7174. Sincerely, Beverly Alford Assistant Director Training and Technical Assistance Division Exhibit B Statement of Work and Budget To be Provided ATTACHMENT 1 SPECIAL PROVISIONS UI FORM Certifications, Clauses,and/or Regulations IF CHECKED, (� THE FOLLOWING CERTIFICATIONS, CLAUSES,AND/OR REGULATIONS ARE INCORPORATED BY REFERENCE IN THIS SUBAWARD WITH THE SAME FORCE AND EFFECT AS THOUGH HEREIN SET FORTH IN FULL TEXT. REFERENCES TO REGULATIONS ARE AS OF THE DATE OF THIS SUBAWARD. [If Subaward is awarded under a federally sponsored Grant or Cooperative Agreement,the terms and conditions of OMB Circular A-110, "Uniform Administrative Requirements for grants and Agreements With Educational Institutions of Higher Education,Hospitals and Other Non-Profit Organizations,"if applicable, are incorporated herein] BIDDING CERTIFTCATTONS -TT,T.TNOTS F The Subawardee certifies that the Subawardee is not barred from bidding on this Subaward as a result of the violation of the criminal offenses of bid rigging,bid rotating, or kickback in regard to public contracts under the laws of the State of Illinois. F The Subawardee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois,nor has it made an admission of guilt of such conduct, which is a matter of record. F The Subawardee certifies that it is not in default on an educational loan as provided in Public Act 85-827. F Subawardee certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. CERTIFICATION REGARDING DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (Executive Order 12549,Debarment and Suspension,34 CFR Part 85) Subawardee certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal depai invent or agency; (b) Have not within a three-year period preceding award of this subaward been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records,making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or Local)with commission of any of the offenses enumerated in Paragraph(b) above; and (d) Have not within a three-year period preceding award of this subaward had one or more public transactions (Federal, State or Local)terminated for cause or default. ANTI-KICKBACK ACT OF 1986 (Applicable to federally funded subawards only) F The applicable provisions of the Anti-Kickback Act of 1986, as set forth in FAR 3.502.2, FAR 3.502-3 and FAR 52.203-7 are hereby incorporated herein by reference. Subawardee certifies that it is in compliance with said Act. CERTIFICATION REGARDING T,ORBYDNG (Applicable to Federal Subawards only) r Subawardee certifies,to the best of its knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subawardee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the Subawardee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Subawardee shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. EQTTAT,OPPORTTJNTTY F The Subawardee and the University agree that they are Equal Employment Opportunity Employers, and in compliance with Civil Rights Act of 1964 and Executive Orders thereunder. F The Subawardee, if applicable, agrees to include the Equal Opportunity Clause set forth in Article VI, Section 6.1, of the Illinois Department of Human Rights, Rules and Regulations for Public Contracts, adopted February 9, 1981, in subagreements issued under this Agreement. COST PRINCIPLES The allowability of costs under this Subaward shall be determined in accordance with the following: Subawards with Educational Institutions Subawards with State and Local Governments Subawards with Non-Profit Organizations Subawards with Commercial Organizations OMR CIRCTJTARS r- OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education,Hospitals and other Non-Profit Organizations F OMB Circular A-87 Cost Principles for State,Local, and Indian Tribal Government AUDIT OF BOOK S This agreement is subject to the provisions of OMB Circular A-133 "Audits of States, Local Governments, and Other Non-Profit Institutions." If required by the provisions of A-133, Subawardee shall have an audit performed, and report(s)/certification(s), as applicable, submitted to the University no later than(9)months following the end of the Subawardee's fiscal year. F Financial reports, supporting documents and other records pertinent to this agreement shall be retained by the Subawardee for a period of three (3)years from the date of final payment except that records that relate to audits, appeals, litigation or the settlement of claims arising out of performance of this agreement shall be retained until such audits,appeals, litigation or claims have been disposed of. Notwithstanding any other conditions of this agreement, the records and financial statements of the Subawardee shall be reasonably made available upon request, at the Subawardee's regular place of business, for examination, as appropriate,by the University,the Comptroller General of the United States of America, the Inspector General of the Federal Sponsoring Agency, the Auditor General of the State of Illinois, or their duly authorized representative(s). ASSIGNMENTS This Agreement may not be assigned by either party without the prior written consent of the other, which consent will not be unreasonably withheld. SI TRCONTR ACTING PLAN(applicable to subawards when the expected total amount is$550,000 and greater, and where the Prime Award is a Contract). If applicable, Subcontracting Plan dated( )is incorporated herein by reference. TERMINATION F University and/or Subawardee may terminate this Subaward by giving written notice to the other party. If University terminates this Subaward,upon receipt of such notice, Subawardee shall cease incurring costs under this Subaward and take action to cancel all outstanding obligations which can be reasonably cancelled. Within 30 days of the effective date of the termination, Subawardee shall submit a termination claim to University. In the event University terminates this Subaward, Subawardee shall be entitled to reimbursement for all allowable costs incurred to the date of termination and for all noncancellable obligations up to, but not to exceed, the estimated cost of this Subaward. F If Subawardee terminates this Subaward, it shall provide University with the effective date and reason for such termination notice. Subawardee shall be entitled to an equitable reimbursement for all allowable costs incurred to the date of termination after evaluation of work completed to such date, and deliverables provided in accordance with the Statement of Work. RESOLUTION OF DISAGREEMENTS AND DISPUTES r The parties shall attempt to resolve disagreements and disputes of fact arising under this Subaward Agreement though informal discussions. In the event that informal discussions fail or are not used for such disagreements and disputes,the parties may thereafter pursue any remedy they may have, at law or in equity, in a court of competent jurisdiction. REPORTS F The Subawardee shall submit reports in such quantity and frequency as determined reasonably appropriate by the University's Project Director. Such reports shall note progress made toward achievement of the study objectives and any deviation from the schedules, methods, and tasks established in the research proposal and detailed work plan. F The Subawardee shall submit reports as set forth in the Scope of Work and/or the proposal as incorporated into the subaward by reference. Other Reporting requirements as shown: INTFTJ.ECTITAL PROPERTY F Public Law 96-517 as amended by Public Law 98-620 and as implemented by corresponding regulations (37CFR401),will govern the disposition of rights in any invention resulting from the work performed under this agreement if Subawardee is a Small Business Firm or Non-profit Organization. Subawardee agrees to do all things required to insure compliance with said Laws/Regulations as implemented by the Federal Agency funding this Agreement. I- Other Intellectual Property Clauses as shown CONFLICT OF INTEREST The Subawardee agrees that it has a conflict of interest policy; namely, the Subawardee has a conflict of interest policy which requires disclosure and resolution of all conflicts of interest, potential and actual,which exist for those involved in the design, conduct and reporting of research under this agreement prior to acceptance of funding. The subawardee is responsible for informing its investigators of its conflict of interest policy and procedures, officials to review conflict of interest financial disclosures,managing conflicts, informing the University and the cognizant federal sponsor(s) of conflicts and remedying same, certifying in each proposal for funding that required conflict of interest policies are in place and that no conflicts exist related to the proposed project,notifying University and federal sponsor(s)of any post-award conflicts and otherwise complying in all other respects with all applicable federal regulations. COST-ST-TARING -. • -. . .- g• - .' •..- : . . a• Subawardee agrees to provide adequate documentation in support of any cost-sharing indicated in the Subawardee's proposal/budget attached hereto and/or incorporated herein by reference. Failure to provide such documentation may delay the University's ability to remit payments in response to Subawardee's billings submitted pursuant to this Subaward. INSTITUTIONAL REPRESENTATIONS AND CERTIFICATIONS Please complete the following Representations and Certifications by checking the applicable statement(s). 1. CONTRACTING CERTIFICATION- Under penalties of perjury,I certify that is my correct Federal Taxpayer Identification Number. I am doing business as a(please check one): Individual Real Estate Agent Sole Proprietorship Government Entity ✓ Partnership Tax Exempt Organization Corporation (IRC 501(c) only r Not-for-profit Corporation Trust or Estate r Medical and Health Care Services Provider Corporation 2. ORGANIZATIONAL CONFT,TCTS OF INTEREST r There are no known organizational conflicts of interest. r Information is provided as an appendix concerning potential or real organizational conflict of interest. 3. REPRESENTATION. The offeror represents that, except for full-time bona fide employees working for the offeror, the offeror: ✓ has r has not employed or retained any person or company to solicit or obtain this agreement; and ✓ has has not paid or agreed to pay any person or company employed or retained to solicit or obtain this agreement any commission,percentage,brokerage, or other fee contingent upon or resulting from the award of this agreement. 4. CERTIFICATION OF NONSEGREGATED FACILITIES. The offeror: does n does not maintain or provide to its employees any segregated facilities, and r will will not permit any of its employees to perform their service at any location under its control where segregated facilities are maintained. 5. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. The offeror: r has has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114, and has has not filed all compliance reports. 6. AFFIRMATIVE ACTION COMPI,IANCF. The offeror represents that it: has has not developed affirmative action programs required by the rules and regulations of the Secretary of Labor(CFR 60-1 and 60-2)which are on file at each establishment, or has r has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 7. CI FAN ATR AND WATER CERTIFICATION. The offeror certifies that: (a) Any facility to be used in the performance of this proposed agreement r is is not on the Environmental Protection Agency(EPA)List of Violating Facilities; (b) The offeror will immediately notify the University,before award, of the receipt of any communication from the Administration, or a designee, of the Environmental Protection Agency, indicating that any facility that the offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The offeror will include a certification substantially the same as this certification, including this paragraph(c), in every nonexempt subaward. 8. CT TRRRNT COST OR PRTCTNG DATA. If applicable,the offerer certifies that, to the best of their knowledge and belief,the cost or pricing data(as defined in DFARS 215.403-1(c)(4)(b)(2)) submitted, either actually or by specific identification in writing, to the Contracting office or to the contracting officer's representative in support of this project are accurate, complete, and current as of the effective date of this agreement. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. 1 ATTACHMENT 2 The Subawardee may submit its invoice to the University upon receipt of a fully executed copy of this agreement. All invoices should be mailed to: University of Illinois Office of Business Affairs c/o Grants and Contracts Office 109 Coble Hall 801 S.Wright Street Champaign,Illinois 61820-6242 Attn: Stephen Johnson Payment Provisions: Cost Reimbursement- Subawardee may submit invoices to the University not more frequently than monthly. Said invoice should state the period for which reimbursement is being requested and should itemize current and cumulative costs by budget category per the budget attached hereto. Indicate Grant Code A6599 on each invoice submitted for payment. Final invoice billing due 30 days after project expiration date. Each invoice must contain the following certification(or reasonable version thereof): "I certify that all expenditures reported(or payments requested) are for appropriate purposes and in accordance with the Agreements set forth in the application and award documents." (Signature by appropriate Subawardee Representative) • Promptly after receipt of each invoice,the University shall make payment thereof except as provided herein. In the event that any payments to the Subawardee under this Agreement are subsequently disallowed by the U.S. Department of Justice as items of costs of this agreement, the Subawardee shall repay the University, on demand,the amount of any such disallowed items or at the discretion of University,the University may deduct such amounts from subsequent payments to be made to the Subawardee hereunder,without prejudice,however, to the Subawardee's right thereafter to establish the allowability of any such item of cost under the agreement. Fixed Price -In accordance with the following schedule or attachment: Indicate Grant Code on invoice(s) submitted for payment. F_DC4i I DRAFT STATE OF ILLINOIS COUNTY OF KENDALL AN ORDINANCE AMENDING ORDINANCE NO. 2003-01 AND THE 2000 INTERNATIONAL BUILDING CODE AND ORDINANCE NO. 2003-06 AND THE INTERNATIONAL FIRE CODE ORDINANCE NO. 2005- _ BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE as follows: Section 1. Whereas Ordinance No. 2003-01 adopted the International Building Code (2000 Edition) and Ordinance No. 2003-06 adopted the International Fire Code (2000 Edition), published by the International Code Council, Inc.; and whereas, the Mayor and City Council, have, after careful consideration, determined to additionally increase the safety of multistory buildings to be constructed in the United City of Yorkville; now, therefore, the United City of Yorkville hereby further amends the International Building Code (2000 Edition) and the International Fire Code (2000 Edition). Section 2. The following sections of the International Building Code (2000 Edition) are hereby revised or added: Section 403.1 Exception 3. Delete in its entirety: "Buildings with an occupancy in Group A-5, in accordance with Section 303.1." Add: "Section 403.13 Standpipes. Class I standpipes are required in stairways, and shall be in accordance with Section 905.4." Insert: Section 503.1.5 Four-, five-, and six-story buildings. Regardless of use, all four-story, five-story, or six-story buildings shall be of noncombustible construction only (Type I) and shall be in accordance with Section 403 and the International Fire Code. 503.1.5.1 Maximum height. The maximum height for any four-story, five-story, or six-story building shall be eighty feet(80'), regardless of any other provisions of this Code. Section 903.3.1.1. NFPA 13 sprinkler systems. Insert after "...building and before ....or portion...": "including all four-story, five-story, and six-story buildings", so as to read: "...require that a building, including all four-story, five-story, and six-story buildings, or portion thereof...". Section 903.3.1.2 NFPA 13R sprinkler systems. Delete: "Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of Group R, up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." DRAFT Section 907.2 Where required. Delete period after ....Section 907.2.23. Insert", and in all four-story, five-story, and six-story buildings." Section 3. The following sections of the International Fire Code (2000 Edition) are hereby revised or added: Section 903.2 Where required. Delete: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. Insert: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section and in all four-story, five-story, and six-story buildings." Section 903.3.1.2 NFPA 13R sprinkler systems. Delete: "Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of Group R, up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Section 905.1 General. Delete period after first sentence, then insert "and in all four-story, five-story, and six-story buildings Class I standpipes are required in stairways, and shall be in accordance with Section 905.4." Section 907.2 Where required. Delete period after ....Section 907.2.23. Insert", and in all four-story, five-story, and six-story buildings." Section 4. That nothing in this ordinance or in the International Building Code or International Fire Code hereby modified shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing,under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance. Section 5. That the City Clerk shall certify to the adoption of this ordinance, and cause the same to be published as required by law. DRAFT Section 6. That this ordinance and the rules regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect, and be in full force and effect after its passage and approval by the Mayor and City Council, as required by law. IN WITNESS WHEREOF, this Ordinance has been enacted this 8th day of February, 2005. 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 8th day of February, A.D. 2005. Arthur F. Prochaska,Jr. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,this 8th day of February,A.D. 2005. Attest: Jacquelyn Milschewski CITY CLERK STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY/FINAL PLAT OF SUBDIVISION FOR GRAND RESERVE,UNITS 10& 11 WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary/Final Plat of Subdivision for the Grand Reserve Subdivision,Unitsl0 & 11; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary/Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary/Final Plat of Subdivision for the Grand Reserve Subdivision, Units10 & 11 is approved and all appropriate City officials are hereby authorized to execute same. 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 8th Day of February, A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 8th day of February, A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 4,0 oar o United City of Yorkville Memo :,-;r\., •I` 800 Game Farm Road Est k4.itmisie we Yorkville, Illinois 60560 Telephone: 630-553-4350 ti1 _ 1E` � p Fax: 630-553-7575 474E \�)" Date: February 4, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Revised document for City Council packet—February 8, 2005 Attached please find a revised document for EDC Item#3 —Resolution Approving Caledonia— Final Plat. Please substitute this new document into your packet. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR CALEDONIA WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Caledonia Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision;and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Caledonia Subdivision is approved and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 4113 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR CALEDONIA WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Caledonia Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision;and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Caledonia Subdivision is approved and all appropriate City officials are hereby authorized to execute same. 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Elbe STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY/FINAL PLAT OF SUBDIVISION FOR SWANSON LANE ESTATES WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary/Final Plat of Subdivision for the SWANSON LANE ESTATES Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary/Final Plat of Subdivision;and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary/Final Plat of Subdivision for the SWANSON LANE ESTATES Subdivision is approved and all appropriate City officials are hereby authorized to execute same. 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. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560