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City Council Packet 2005 08-09-05 4tO. United City of Yorkville EST. 18 800 Game Farm Road Yorkville, Illinois 60560 - L Telephone: 630-553-4350 �� v�?� Fax: 630-553-7575 —f<CE ‘‘' AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 8/9/05 Tuesday, August 9, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer 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, August 22, 2005 6:00 p.m., Tuesday, August 23, 2005 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, August 18, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, September 1, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m.,Thursday, August 11, 2005 City Hall Conference Room -------------------------------- ---------- -------------------------- -------------Public Hearings: 1. Ocean Atlantic, Chicago LLC and Michael Rosenwinkel Trustee of the Michael Rosenwinkel Declaration of Living Trust Created May 22, 2000 and Tamara Rosenwinkel,Trustee of the Tamara Rosenwinkel Declaration of Living Trust Created May 22, 2000, petitioners, request for an Amendment to the Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel (Ordinance No. 2000-42) to allow for rezoning from United City of Yorkville M-1 Limited Manufacturing District to United City of Yorkville R-4 General Residence District. The real property consists of approximately 128 acres located at Southeast corner of Corneils Road and Beecher Road in the United City of Yorkville, Kendall County, Illinois. City Council Meeting Agenda August 9, 2005 Page 2 Citizen Comments: Presentations: None Consent Agenda 1. Police Reports for June 2005 2. Peaceful Pathways Montessori— 1 %z Mile Review—subject to entering into annexation agreement 3. Resolution Approving a Development/Economic Initiative Agreement with GCM Properties, LLC for Lot 2 in Fox Hill Subdivision -authorize Mayor and City Clerk to execute 4. URS Corporation Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process—authorize Mayor to execute, subject to using contingency funds 5. Ordinance Amending City Code Title 5 —Police Regulations,Adding New Chapter 6—Alarm Systems (False Alarm Ordinance)—authorize Mayor and City Clerk to execute 6. Ordinance Amending City Code Title 6—Traffic Regarding Parking Restrictions on John Street and Sycamore Street in Fox Hill Subdivision—authorize Mayor and City Clerk to execute 7. Salvation Army Golden Diner's Sponsorship Request—authorize donation in an amount not to exceed $250.00 Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— July 12, 2005 Minutes of Committee of the Whole—July 5, 2005 BM payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 727,339.01 (vendors) $ 170,187.06 (payroll period ending 7/23/05) $ 897,526.07 (total) Reports: Mayor's Report: City Attorney's Report: 1. Resolution Approving Assignment of Contract Right for Right of First Refusal for 20 Acre Parcel (North side of Rt. 34 between Countryside Parkway and Bristol Ridge Road) 2. Grant of Easement for Peter Sallas 3. Henne vs Yorkville 4. Frantz vs Yorkville City Council Meeting Agenda August 9, 2005 Page 3 Reports (con't): 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: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. Resolution Approving the Preliminary Plat of Subdivision for Prestwick of Yorkville 2. Resolution Approving the Final Plat of Subdivision for Westbury Village Unit One(Formerly called POD 6) 3. Ordinance Designating an Area for Special Use(Lincoln Prairie Asphalt Plant) 4. First Amendment to Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel a. Ordinance Authorizing the Execution Public Safety Committee Report: 1. No Report Administration Committee Report: 1. No Report Additional Business: Adjournment: City Council Meeting Agenda August 9, 2005 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ;ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Munns Planning & Building& Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development ;PUBLIC SAFETYI Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie LADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd ------------------------- -------- AD-HOC: TECHNOLOGY; Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer • ' i�•4 liQ + art 1-1 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) FIRST AMENDMENT TO ANNEXATION AGREEMENT OF MICHAEL ROSENWINKEL AND TAMARA ROSENWINKEL SAID AGREEMENT HAVING BEEN APPROVED BY THE UNITED CITY OF YORKVILLE AS DOCUMENT#2000-42 NOW COMES MICHAEL ROSENWINKEL and TAMARA ROSENWINKEL, OWNERS of real property as described in the attached Exhibit"A"which was previously the subject of a written Annexation Agreement approved and recorded together with an Ordinance annexing the real property described therein pursuant to Ordinance 2000-42, hereinafter referred to as "OWNERS", OCEAN ATLANTIC CHICAGO LLC, hereinafter referred to as"DEVELOPER" and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation also referred to herein as "CITY", who do hereby enter into this First Amendment to Annexation Agreement in consideration of the Covenants, Conditions, and Agreements contained as follows: WITNESSETH WHEREAS, OWNERS previously executed a Petition to Annex the real property described in the attached Exhibit"A"and Zoned the same as M-1 Light Manufacturing District pursuant to a request by the UNITED CITY OF YORKVILLE to increase the boundaries of the UNITED CITY OF YORKVILLE for the purpose of enhancing industrial development; and WHEREAS, since the adoption and passage of said Ordinance#2000-42 by the UNITED CITY OF YORKVILLE in the calendar year 2000,no interest has been expressed by any industrial user in the subject property; and further the UNITED CITY OF YORKVILLE has rezoned the adjoining parcel of real property by Yorkville Business Park from M-1 Light Manufacturing to R-4 (PUD)Residential District now commonly known as "Caledonia Subdivision"; and WHEREAS, there formally was a Special Use Permit anticipated to be granted within the UNITED CITY OF YORKVILLE pursuant to its one and one-half mile planning jurisdiction on the North side of Corneils Road to a subsidiary for Enron Corporation for purposes of establishing an electric peeker plant which has now been terminated due to the failure of the Enron Partnership exercising its Option to Purchase said land, and the Special Use Permit having lapsed and been revoked by the County of Kendall; and WHEREAS,the UNITED CITY OF YORKVILLE is currently preparing a Comprehensive Plan which shows the subject property to become residential in nature as well as the property to the North that is contiguous and adjoining becoming a residential planned area for purposes of future development in conformance with said Comprehensive Plan in the UNITED CITY OF YORKVILLE; and WHEREAS, OWNERS and DEVELOPER have requested the UNITED CITY OF YORKVILLE in a written Application and Public Hearing to be held on August 9, 2005 to change their respective zoning of the real property described in the attached 2 Exhibit"A" from M-1 to R-4 Zoning, subject to specific terms and conditions recommended by the Plan Commission of the UNITED CITY OF YORKVILLE hereinafter embodied in this First Amendment to Annexation Agreement; and WHEREAS, OWNERS have dedicated substantial value to the CITY in terms of easements requested by the CITY, and have participated in the orderly development of the UNITED CITY OF YORKVILLE as requested of OWNERS by the CITY: NOW THEREFORE, upon the written Petition of OWNERS and DEVELOPER and after due consideration by the City Council and Plan Commission of the UNITED CITY OF YORKVILLE, the parties hereto hereby agree to amend the original Annexation Agreement approved in Ordinance#2000-42 as follows: 1. That the recitals set forth above herein become an integral part of this Agreement and are incorporated herein as Terms, Covenants, and Conditions of this Agreement. 2. That the UNITED CITY OF YORKVILLE agrees to rezone the subject property R-4 General Residence District(PUD). In consideration for the rezoning of the subject property, DEVELOPER shall comply with the following specific terms and conditions recommended by the Plan Commission of the UNITED CITY OF YORKVILLE and adopted by the City Council of the UNITED CITY OF YORKVILLE: a. That DEVELOPER shall comply with all Ordinance and Regulations as to the processing of a Planned Unit Development, Preliminary Plat approval, Engineering approval, and Final Plat approval and develop the subject property when it submits for 3 actual development approval under a Planned Unit Development Agreement. b. That the predominant percentage of acreage on the subject parcel of real property shall be developed with single-family residences. The single family detached portion of the subject parcel shall consist of fifty-nine(59) acres, which represents forty-six percent (46%) of the subject parcel, and shall contain 181 units as depicted in the concept drawing which is attached to and incorporated herein as Exhibit B. c. That the subject parcel shall contain twenty-five percent (25%) open space which shall include a four acre park site, and clubhouse site as depicted in Exhibit B. d. That the portion of the subject parcel containing townhome units shall equal thirty-one (31) acres,which represents twenty-four percent (24%)of the subject parcel. The townhome portion of the subject parcel shall buffer the existing manufacturing areas of Yorkville Business Park and shall contain 294 townhome units as depicted in Exhibit B. e. That DEVELOPER agrees that as a condition of the Planned Unit Development approval,no apartment units shall be proposed or approved for any area within the subject property. f. That DEVELOPER shall comply with all park dedication requirements under the terms of the UNITED CITY OF 4 YORKVILLE Zoning and Subdivision Ordinances. However, such compliance shall not reduce the approved amount of acreage or number of approved units in subparagraphs b and d of this Paragraph 2. 3. That the UNITED CITY OF YORKVILLE agrees, if requested by DEVELOPER,to the establishment of a funding mechanism including, without limitation, creation of a Special Service Area(SSA) or other public funding mechanism for the purpose of financing all public improvements within the Subject Property. Establishment of a funding mechanism shall include,without limitation,the enactment of ordinances to: (i) create a Special Service Area Tax, and (ii) authorize the issuance and sale of bonds, so long as such bonds have no recourse to the UNITED CITY OF YORKVILLE, as may be requested by the DEVELOPER consistent with CITY ordinances and regulations. 4. In all other respects the original Annexation Agreement as to the subject property shall remain in full force and effect,and is hereby ratified and confirmed as to the subject real property. 5. This Agreement shall be binding upon the Successors, Heirs and Assigns of each party hereto. 6. If any portion of this Agreement is determined to be invalid, the remaining portions thereof shall be in full force and effect between OWNERS, DEVELOPER, and the CITY. 5 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement this day of , 2005. OWNER: Dated: MICHAEL ROSENWINKEL Dated: TAMARA ROSENWINKEL OCEAN ATLANTIC CHICAGO, LLC DEVELOPER: By: Dated: PATRICK J. HUGHES VICE PRESIDENT • UNITED CITY OF YORKVILLE By: MAYOR 6 ATTEST: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S.Bridge St. Yorkville, IL 60560 (630) 553-9500 7 ---- , - - — — — — -- ---'L.-'..-------- N i r ' (N 62'E .,37-4Ap....8.42) JOB NO. WESTBURY , , . , -,7 , , DATE. 0507 ,..„..„....4 - S 64 of 1. ,ii;qz 71, 07/13/05 /// '..-'- I / 44. ..... . •1%.%. I/ I 4EvisoNs 1 1.... .' I • -,-- II / \_, 07/21/05 SOUTH VILLAGE _,. ,11, , ,/ , ... , • ., i''''''' . . ,.. • ... • ,.. i ,i, ._ _., 1 .. . 03/05/05 // I \ i I i / • ;;.,- I 1111.11MMINIIIIMMIMIMMI I \ / / // „..,.........., ,, • .., _J- -, / I j QM.. / / / -„, /• ' *• A .4,1 - -. -- ... _1 • , / ... 1 ,- • / ----I• ' I / ip• ,o l° t • `-/ ( I i I I 1 ,„:„. _ _...' 1 •/,.:: • —.4, - i I l 1, •/ , I 1 I I . ' 1 11 4 1 ft4 4F _ I / , , i,. v.: ,ii 1 ,, ,- \ / 1.9 I : I .../ ' -.'"i .:.. ,, \_ _/ LI LI 1 r 1 k 1 ‘'." ' it2y-%"•: "•4 .., _ ...• -..., , _...., ••••, .,... . , __________-,; _,_—_------------ _ _ - 42 co - - - • C •a• _1. \A _ ir •.7`,.. .p 4,,-, 7 4 illi N BM co gi ,-„---. —.-- _ , , I 4- -1414-li — - -- - .I,,.4, v So \ A .4 ..'t ."4 .-"1.-.•-!. ' To CC* il -- - -- ___,.....di.A. 085 27 54 W - . 2682.. . . A . f,. 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'- - es,s. , RI 1 - ;,:, ,-- . = CI 0 0 00-'.*.IC c, : IAC :::'-- -‘,.-N-4,-,.-„TOWNHOMES te '-'14- ,. II ....1 N i EEEEE2, . • _ -,,,? ,..._-,„-.. :f4,-.4; 152'UNIT ,,,,,,Air_, , 4.44,'4V-„,i • .• `.:.. ., ..,,..:-.. - - - •,.. 1 = 0 0 10-1 --1 f-'3..1.". -'1 T .0 . - '.-.-.....J.,~11,le-e-c...• t. jil 71 ' n ._ == =1=3 cri3 OIL—I/ ,_ -- ' N88-19 12"E HI _ ,.. c .., a 1 IIII 1 = = O = El PR a -MI ir: ;It 1 '• O CI O CD S. i 0 0 0 0 0 — lilr--Saga._ 11211 so -WAIN Rio•• iik-i--• 1,....7„.,•-'...-0•116116-iislar I"'t.,,,,,, •:' '40RK L.LE S 1-LOO DISTRICT i I .;' N 1= - STORM 1.7. „,,-, Itt •. II . N •,'.' 1 ' - 3 -- g. '. I I I; I .f .... = o o o f I 65 I I WTLND I 1 "±” A 'FEATURES 'SITE DATA AC % ..- ; I e - , \ x ,- S .Pg •• 0 __ ,.•, LU cr. - LARGE CENTRAL OPEN SPACE AT POD 15 SINGLE FAMILY: 30 AC 23% .::- Di , I ENTRY ALONG DRAINAC5E POD 25 SINGLE FAMLY: 29 AC 22% • i i I • ., - ' , - 16 T . 4"4."4- ' ... Z 8 - COURTYARD HOMES WELL LOCATED- POD 35 TOWN-IOME5c 1 -1 - -•••:- , N I < 16 AC 12% it 1 .1110 I ; -* . ---• Ji I CREATES STRONG STREETSCAPE ANT) POD 45 COURTYARD 1-10MES: 15 AC 12% ilt - L -J :- GOOD SUFFER OF COM-ED STATION PL)BUC PAW. 4 AC. 3% 1.48825*00E 459.71 _ _- glUaini ° O. g LLUJ ''',', - CENTRAL CLUBHOUSE OPEN SP./RET/ROW: 36 AC 28% I ; . ! _ MULTFAMLY ALONG COM-ED EASEMF_NTS TOTAL: 130 AC 100% 1 i - - ___----- ,.. • 1 - PARK BIGGER WITH SHARED OPEN TOTAL SINGLE-FAMILY LOTS 181 1 _------ .. - 1 .. . - LIJ (.) 'i.- SPACF_S TOTAL COURTYARD HOME VNt .,T5 142 , ; I - F_Axim_ - _ _ _ - 7, . --c.:,,-.;. Z s E TOTAL TOVVNHOME UNITS 152 _ ..t.t'1:•I- -4- 0 TOTAL UNIT'S 475 0 1 I BASE INFORMATION COMPILED FROM SHEET MACER VARIOUS SOURCES AND WLL NEED TO BE VERIFED PRIOR TO PREUMINARY LOCATION MAP .--• i PLANNING NOT TO SCALE lo B OF STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING A DEVELOPMENT/ECONOMIC INNITIATIVE AGREEMENT WITH GCM PROPERTIES,LLC FOR Lot 2 in Fox Hill Subdivision WHEREAS, the City Council of the United City of Yorkville has considered approval of an agreement with GCM Properties, LLC for reimbursement for certain road improvements all pursuant to a Development/Economic Initiative Agreemetn; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit "A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A" is hereby approved subject to legal review, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 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 W C - Z CO0 N 1I Z_ Y / Q 0 O N z 0 / ,,N M M N Lk2 Ch . 7/ tio, avctaovoa cilia < i i all lingliall 411011 n___ -1,,,,,,-,‘ ••; ,Isi.- g0 40 O = RSROAD 111111". Ai .pii.091. , IIVA el 1. / ,aU11(I ____] ilL,- 4 $I IpH -Jion -,0,i, k •,54,., 4. �� ii�► 1 lik la al s ,„ 4 AIWAWIL is x - -----„, 0 v __—__Ailillikv ,, -„,-- , �ij..ra ----- O �. 1 h til _ \--- ] CAROLYN C I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY.ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 12,2005. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City Attorney Wyeth,Police Lieutenant Schwartzkopf,Director of Public Works Dhuse and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session to discuss: o 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 o Land Acquisition-For the purpose of purchasing or leasing of real property for the use of the public bodies being considered. He asked that City Clerk Milschewski,City Attorney Wyeth,Attorney Yvette Heintzelman, Attorney Philip Nathe and Park Board President Rollins be included in the first Executive Session and City Clerk Milschewski,City Attorney Wyeth and City Administrator Graff be included in the second session. He noted that no action would be taken in regards to the sessions. So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye, Leslie-aye,Munns-aye,Spears-aye,Wolfer-aye The City Council entered into Executive Session at 7:04 P.M. The City Council returned to regular session at 8:13 P.M. 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,July 25,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,July 21,2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the City Council—July 12,2005-page 2 Administration Committee 7:00 P.M.,Thursday,August 4,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,July 14,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M.,Tuesday,August 9,2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA I. Building Permits Reports for May 2005 2. Block 4 Black's Addition-Letter of Credit—authorize the City Clerk to call the Letter of Credit if deemed necessary by the Mayor 3. Block 4 Black's Addition-Letter of Credit Reduction#1—authorize reduction in an amount not to exceed$12,163.04 4. Asphalt Surface Treatment Program—Results of Bid Opening—award to CAM,LLC in an amount not to exceed$34,695.44 5. Contract A.2-Cannonball Trail Booster/PRV Station-Change Order#2—authorize increase in an amount not to exceed$9,699.00 for additional work related to valving and also for installation of an auto-dialer system and changes in the electrical service and authorize City Engineer to execute 6. Cornerstone Subdivision Bond Reduction#1—authorize reduction to Lexon Bond #1010743 in an amount not to exceed$460,321.59 and also authorize reduction to Safeguard Bond#5012882 in an amount not to exceed$741,664.16 7. Bruell Street Forcemain and Gravity Sewer-Change Order#2—authorize increase in an amount not to exceed$16,500.00 and authorize City Engineer to execute 8. Sale of Used Equipment—authorize the sale of the following three vehicles:1987 Chevrolet one ton pickup truck, 1989 GMC 4 ton pickup truck,and 1998 International 6x4 tandem dump truck and also authorize the sale of a four inch trash pump 9. 500 MG Water Tower Painting-Change Order#1—authorize increase in an amount not to exceed$6,500.00 and authorize Mayor to execute 10. Ordinance 2005-56—Amending City Code,Title 3,Business;Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions-authorize the Mayor and City Clerk to execute 11. Ordinance 2005-57—Amending City Code Section 10-11-3C Regarding Off Street Parking And Loading Regulations(Commercial/Office Parking Lots)-authorize the Mayor and City Clerk to execute the City Engineer to begin the process of calling the Letter of Credit 12. Ordinance 2005-58—Amending City Code Sections 10-7D-1 and 10-8A-3 and Adding New Section 10-8A-7 Regarding Zoning for Mini-Warehouse Storage Facilities-authorize the Mayor and City Clerk to execute 13. Ordinance 2005-59—Amending City's Standard Specifications for hnprovements (Ordinance 2004-39)Referenced in City Code Section 11-5-9 Regarding The Release Rate for Aux Sable Creek watershed-authorize the Mayor and City Clerk to execute 14. Resolution 2005-44—Proclamation for Locating Utilities Underground-authorize the Mayor and City Clerk to execute 15. Resolution 2005-45—Approving the Final Plat of Subdivision for Fox Hill Unit 6 Lot 1 -authorize the Mayor and City Clerk to execute 16. Ordinance 2005-60—Providing for a Feasibility Study and Report with Respect to the Designation of an Area as a Tax Increment Financing Redevelopment Project Area (Downtown Business Area)-authorize the Mayor and City Clerk to execute 17. Cannonball Ridge Park Bid a. award base bid to George's landscaping in an amount not to exceed S238,334.00 The Minutes of the Regular Meeting of the City Council—July 12,2005—page 3 b. authorize additional items by City in an amount not to exceed$15,500.00 for site work including landscaping and authorize design fees in an amount not to exceed$19,500.00 18. Illinois State Geological Survey Research Agreement for Groundwater Resource Investigations for Kendall County- authorize annual payment in an amount of $11,515.00 for three years for a total amount not to exceed$34,545.00 and authorize Mayor to execute 19. Truck Purchases a. Replacement of Utility Truck—authorize purchase through state purchase program in a total amount not to exceed$37,073.35 of which$30,569.35 will be fundedfrom the Parks Capital line item and$6,504.00 will be funded from the Public Works Capital line item. b. Additional One Ton Dump Truck-authorize purchase through state purchase program in a total amount not to exceed$32,741.10 of which $26,741.10 will be funded from the Parks Capital line item and$6,504.00 will be funded from the Public Works Capital line item Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Spears-aye,Wolfer-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 meeting from June 21,2005;seconded by Alderman Ohare. Alderman Besco noted that Park Board member Tammy Smock's name was misspelled on the first page of the minutes Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated June 29,2005 totaling the following amounts:checks in the amount of $1,246,454.37(vendors);$167,484.37(payroll period ending 6/25/05)for a total of $1,413,938.74 seconded by Alderman Oh are. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Resolution 2005-46 Supporting Application/Inclusion in Illinois Transportation Enhancement Program Mayor Prochaska entertained a motion to approve a Resolution supporting the grant application for the Illinois Transportation Enhancement Program and authorize the staff to complete the application as presented. So moved by Alderman Ohare;seconded by Alderman Wolfer. Mayor Prochaska noted a few corrections needed to the Resolution. On page 1,third paragraph, the third line should read United City of Yorkville. He also noted that staff suggested that the same paragraph read"...United City of Yorkville,preservation offormer railroad corridors and historic railroad buildings and the connection of said system...". Mayor Prochaska entertained a motion to amend the motion on the floor to include the suggested language. So moved by Alderman Ohare;seconded by Alderman Besco. Amending motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-aye,Spears-aye The Minutes of the Regular Meeting of the City Council—July 12,2005-page 4 Original motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye McGrath Consulting Group,Inc. Agreement for Community Development Director Recruitment Mayor Prochaska entertained a motion to approve the McGrath Consulting Group,Inc. Agreement for the Community Development Director recruitment as presented and authorize the Mayor and City Clerk to execute. So moved by Alderman Besco;seconded by Alderman Ohare. Alderman Spears asked if the dollar amount should have been included in the motion. Administrator Graff stated that there is a base of$8,500.00 however there are also reimbursables for expenses. Mayor Prochaska suggested that there should be a limit to the reimbursables. This was discussed further and Administrator Graff suggested that the reimbursables should not exceed$2,000.00. Alderman Ohare withdrew her second;Alderman Besco withdrew the motion. Mayor Prochaska entertained a motion to approve the McGrath Consulting Group,Inc. Agreement for the Community Development Director recruitment as presented including in an amount not to exceed$2,000.00 for other expenses and authorize the Mayor and City Clerk to execute. So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Leslie-aye,Mumps-aye,Ohare-aye, Spears-aye,Wolfer-aye,Besco-aye,Burd-aye Request for Single Bid Award for Rice Park Mayor Prochaska entertained a motion to approve a bid award for Rice Park to George's Landscaping Inc.in an amount not to exceed$17,947.00 as presented and recommended by the Park and Recreation Board. He noted that since this is a single bid,the award would require a supermajority vote. So moved by Alderman James;seconded by Alderman Wolfer. Executive Director of Parks&Recreation Laura Brown explained that equipment was installed at Rice Park however there is a problem with the soils where it was installed. She stated that it is an isolated spot that may have been a burn or mulch pit at one time. She explained that soil samplings were taken and the problem lies 9 to 12'below the footings of the equipment. Director Brown indicated that this was the lowest bid received for the original installation of the park. It was requested to use them again in order to maintain the warranty on the equipment. Treasurer Powell asked if the soil was being stabilized and Ms.Brown explained that it was going to be stabilized as well as a different type of footing will be used. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Wolfer-aye,Besco-aye,Burd-aye James-aye Proclamation for Elder Abuse Awareness Month Mayor Prochaska read a proclamation for Elder Abuse Awareness Month—July 2005(see attached). He asked for a vote of ratification from the City Council. So moved by Alderman Burd;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Mayor Prochaska introduced Ziv Sabin with the Senior Services Association to the City Council and presented her with a copy of the proclamation. Ms.Sabin thanked the City Council for their support. Mayor Prochaska noted that he had brochures regarding Elder Abuse that will be displayed at City Hall. CITY COUNCIL REQUESTS Establishing Committees of the City Council A motion was made by Alderman Besco to approve an Ordinance Establishing Committees of the City Council as presented;seconded by Alderman Burd. Alderman Ohare noted that the ordinance states that the Mayor does not appoint committees and she questioned who would appoint ad hoc committees. Mayor Prochaska stated that ad hoc The Minutes of the Recular Meeting of the City Council—July 12,2005—pace 5 committees would not be included under the ordinance and would still be developed by the Mayor. Alderman Leslie thanked the Council for their patient while he deliberated on this ordinance. He stated that he understood that the committee chair would be appointed by the City Council as a whole however this is not reflected in the ordinance. He stated that having the committee pick the chairman allows for a consolidation of power on each committee. Alderman Burd stated that this issue was brought up by Alderman Besco however the other alderman wanted the chairman selected by the committee. It was discussed that if the committee could not make this decision or there was a tie,then the selection would go to the City Council as a whole. She stated that personally she did not have a preference on how the chairman was selected. Alderman James stated that he thought the absence of the Mayor in choosing the committees is wrong because the Mayor is voted in by all four wards.He also noted that there is no mention of the mayor in the ordinance. He stated that it was discussed at an earlier meeting that there is an industry expert who is willing to give the City Council an opinion as to how the committees should be chosen however some of the Council did not want to wait for the opinion but rather wanted to move the ordinance forward. He stated that he did not support the ordinance. Alderman Besco stated that he agreed with Alderman Leslie and would prefer to amend the ordinance to the way it was before the Committee of the Whole meeting;committee chairman would be picked by the entire City Council. A motion was made by Alderman Besco to amend the original motion to add language to the ordinance allowing the chairman of each committee to be picked by all the aldermen;seconded by Alderman Burd. Alderman Ohare questioned why the chairman should be picked by aldermen not on the committee. She stated that it was hard for her to think why she would choose a chairman of for instance the Public Works Committee when she is not on the committee. Alderman Spears agreed with Alderman Ohare. Alderman Besco stated that this should be a time tested ordinance;it can be amended if there is a conflict. He stated that this is a good starting point and that something should get on the books. Alderman Leslie noted that Aldermen Ohare and Spears had a good point. He stated that he was reaching for a method of checks in balances. He stated that he asked the opinion of a friend who is a councilman in Bellwood,Illinois as well as the friend's father who was a former councilman in the same community as to the ordinance. They said it has always been a mayor's prerogative to choose committees. They were not sure why it was this way but that it always worked that way. He stated that he felt it is one of the things that a mayor was responsible for. He stated that he has struggled with the underlying motivation behind this ordinance. He further stated that he has tried to figure out what is wrong to want to change the method of choosing committees. He commented that he has not found anything wrong with the present system but did understand that there were some senior aldermen who wanted to be appointed to a certain committee or appointed chairman who weren't. He stated that he did not feel the end justified the means in this case. Amending motion approved by a roll call vote.Ayes-5 Nays-4 Burd-aye,James-nay,Leslie-aye,Munns-aye, Ohare-nay,Spears-nay,Wolfer-nay,Besco-aye,Prochaska-nay Alderman Munns noted that if an alderman wanted to kill something at the committee level,the other three on the committee could still move the item on to a COW meeting. He stated that the committees do not really have any more or less power than the Council as a whole. He stated that everyone was getting hung up on how much power a committee has rather than on what it is intended to. Alderman Ohare questioned that if this is the case,why change the current method. Mayor Prochaska asked what is going wrong with the committees at this point in time. He noted that he felt that everything was working well-business is getting done,things are happening in the City the way they are suppose to and work is progressing. He echoed Alderman Munns comment that this is not about power;the power lies with the entire Council. It is all about doing a job;it is all about the City Council working with the Mayor for the best interest of the community and that this needs to continue. He stated that it helps when a committee recommends moving something forward however that does not have to happen and that in the last six years,he has not seen a case where the committees were not working or getting work done. He noted that he does not vote on the ordinances,unless it is a tie vote. The Minutes of the Regular Meeting of the City Council—July 12.2005—page 6 Alderman Ohare stated that she would like the City Council to vote this down for all the reasons the Mayor noted. Alderman Besco stated that he did not feel this was initiated by any ill feelings but rather it was initiated because there is no ordinance on the books establishing how committees are chosen and he hoped the Council would support this because of this fact. He stated that people are making a bigger deal out of this ordinance;some people have taken it personally and that he has been insulted and appalled by statements people have made. Alderman Burd stated that she was in favor of the ordinance and not because of seniority.She stated that the thing that bothered her the most was when the Mayor rearranged the committees because he felt that they were not voting correctly on the Administration Committee. She felt that this was an overstepping of mayoral power and she had never seen this happen in any other municipality. She stated that it took her by surprise and she felt it was inappropriate. This ordinance would be a way to safe guard so this does not happen again. She stated that usually the senior aldermen are granted certain deference for having served so many years on a council.She stated that she did not feel that asking questions was a reason for being removed from a committee. She noted that staff needs to work with all the aldermen and she agreed that the whole City Council votes on all issues. She noted that the aldermen are elected by their constituents and are here to serve these constituents. She did not feel the comment that the Mayor is elected by the whole City is a good thing;because the City Council is eight people with eight different decisions which provides a balance. They should not be following any one person's direction. She stated that she did not want to see aldermen being reprimanded in any way for their differences in opinion and she hoped that a"yes"vote for this ordinance would bring the balance back.She stated that personally she found it hard to serve on a City Council where this "stuff"is going on. Mayor Prochaska stated that there was no reprimand made. He stated that everyone seems to forget that people ask to be on certain committees which he tries to honor. He explained that when the structure of the Administration Committee was changed,he was approached by aldermen who asked to serve on the committee. He stated that to say this has never happened is untrue;he was on committees when he was an alderman that were realigned. He noted that he feels that every subject that comes up is due its course. He stated that the vote for the structure of the committees is the vote of the City Council and that the only thing he asked of this ordinance was that it would state how the committees would interrelate with the administration;this was not addressed. He also noted that a consultant was coming in that could give suggestions and there may be a way to choose committees that none of the City Council has thought of. He stated that if the City Council thought this ordinance was in the best interest of the City,they should approve it. Alderman Spears stated that Mayor Prochaska painted a bright picture of the past six years; everything was in a"perfect little world"however she disagreed. She stated that she was personally very offended with the Administration Committee being changed because expenses were questioned. She stated that she believed Mayor Prochaska told the press that the reason why she was removed from the chairmanship was because she stated that she was unable to communicate with the staff. She stated that at a meeting,the City Council discussed and signed a document stating that it is the staff member who was failing in communication. She stated that if she were ever offered a chairmanship,which she doubted would happen while Mayor Prochaska was mayor,she would decline because she would rather take the time to do research that she feels is necessary for the betterment of the residents of the United City of Yorkville. Alderman Ohare commented that she thought wasn't a personal issue. Alderman Leslie explained that this is his first year on the City Council and that he has figured out he is the"swing'vote on this matter He stated that he is very uncomfortable with being put in this position. He noted that the Mayor stated that there may be a better thing out there for the City Council. He commented that the only thing"black and white"about this issue is that the City Council is evenly divided and it is a personal issue as Alderman Ohare pointed out. He stated that he was not going to support the ordinance and hoped that the City Council could move on to other business. Alderman Munns noted that he has not perceived problems with the committees while he has been on the City Council however just because something isn't broke doesn't mean there isn't a better way. Whether this is the best way or not,he agreed with Alderman Besco that there has to be an ordinance addressing this. He noted that the Northern Illinois University study a few years ago recommended abolishing all the committees and having everything go to the COW meeting. He stated that he does not have anything personal against the mayor or any alderman;he votes his conscience and that is what the City Council was elected to do. The Minutes of the Regular Meeting of the City Council—July 12,2005—page 7 Original motion defeated by a roll call vote. Ayes-4 Nays-5 Munns-aye,Ohare-nay,Spears-aye,Wolfer-nay, Besco-aye,Burd-aye,James-nay,Leslie-nay,Prochaska-nay Authorizing the City Council to Retain Independent Legislative Counsel A motion was made by Alderman Burd to approve an Ordinance authorizing the City Council to retain independent legislative counsel as presented;seconded by Alderman Munns. Alderman Burd stated that it was discussed at a COW meeting to add the City Clerk and City Treasurer to the ordinance. She stated that this is suppose to be legislative advice for the people who are creating ordinances and she did not know if it was appropriate for the City Clerk and/or City Treasurer to be included. She stated that she personally did not care if they were added or not.Also,she noted that the ordinance was to specify a maximum of$5,000.00 in annual fees (fiscal year). She mentioned that Mr.Price from Ancel,Glink,Diamond,Bush,Dicianni and Polek,P.C.was present to answer any questions the City Council may have.She stated that she would be honored to have his advice;his law firm is one of the top firms in the state when it comes to municipal law and Mr.Price is very knowledgeable and would be a benefit to the City Council. There was discussion regarding adding the yearly maximum to the motion. Alderman Munns withdrew his second and Alderman Burd withdrew the motion. A motion was made by Alderman Burd to approve an Ordinance authorizing the City Council to retain independent legislative counsel with a caveat that the maximum amount will be$5,000.00 for this fiscal year;seconded by Alderman Spears. Alderman Ohare noted that on the first page,third paragraph of the ordinance it states that"the City currently employs a City Attorney and the functions of that attorney principally relate to services for the executive branch of government". She asked if the executive branch was only the mayor. Mayor Prochaska stated that that was how he interpreted the statement. Alderman Ohare noted that the United City of Yorkville employees a City Attorney who serves all of the City Council and not just the mayor. She stated that she did not like the wording in the ordinance which states that the City Attorney is appointed by the mayor and she questioned the statement in Section 1,fourth line regarding the drafting of ordinances.She stated that she was interpreting this as it is not the job of the City Council to draft ordinances. She also noted that the word "purview"was misspelled in the second to last line on page 1. Alderman Ohare stated that spending the money for the hiring of this firm is an unnecessary expense because there already is a City Attorney. She noted that the City does retain specialized attorneys such as the labor attorney when necessary. She also asked where the RFQ was this service and what budget line would the$5,000.00 come out of. She stated that the City Council voted that items such as this needed an RFQ. Alderman Burd commented that the statement regarding the Mayor appointing the City Attorney is a statement of fact;the Mayor appoints the attorney and the City Council approves it. She further noted that one of the City Council duties is to create legislation. The City Council can request that their legal advisors draft legislation or they can draft it themselves. She stated that she did not see any problem with the City Council having a legal advisor with more experience to give advice. She noted that when the Mayor choose a City Attorney he did not put out an RFQ nor did the City Council interview candidates. She stated that the amount to be spent is under the amount needed to require an RFQ. Alderman James stated that he contacted another law firm and asked their opinion on this ordinance. He stated that he was drilled with a lot of question as to why the City Council would want to do this because the City already has a City Attorney. He was told by the law firm that the City Attorney should be the one to admit when something is out of his area of expertise and recommend another independent law firm. They also recommended against the City Council having their own counsel. He also asked if they would bid on services such as this and he was told they would not. Alderman Spears asked what law firm he contacted and who he spoke with. Alderman James stated that he did not want to release the firms name in a public meeting and that he would discuss this with her later. Alderman Spears stated that she felt that this is a necessity because contrary to what the City Council was told they could be sued. She stated that City Attorney Wyeth was investigating this matter so that there is insurance coverage to protect the City Council. Attorney Wyeth stated that he was still in the process of the investigation and he would report to the City Council when it is concluded. She stated that all the members of the City Council have agreed that this service will not be abused but it is being put in place for a safety factor. She stated that a maximum of $5,000.00 is not a lot of money from the taxpayers when the City spends more than that on The Minutes of the Regular Meeting of the City Council—July 12,2005—page 8 frivolous spending.She stated that this would be a guarantee that the City Council will be represented legally if they have questions. Alderman James noted that approving the ordinance would be a guarantee for confusion and more arguments.He asked if the City Council receives two opposing views,what they will do. He felt that the City will keep"shoveling"money to this law firm. Alderman Munns asked Attorney Wyeth about liability issues. Attorney Wyeth explained that he is researching if the City Council has an indemnification policy and he would report back to the City Council when his investigation was concluded. Mayor Prochaska stated that it has been his understanding from information from the Illinois Municipal League that the City Council has"tort immunity"when they act within the bounds of their authority and in the best interest of the community. The City Council has to show they are not acting out of malice or arbitrary capricious decisions. One way to indicate this is to show that they acquired a legal opinion. He expressed his concern that if the City Council were to be sued, what would happen if the City Council had receives two opposing legal opinions. He asked what would be the basis for choosing one over the other. He felt that the City Council could be subjected to a greater liability if there were two opinions and they chose one. He stated that the City Attorney is appointed by the Mayor with the advice and consent of the City Council. The Council has the right to interview the candidate before approving the appointment. He explained that the City Attorney represent the executive and legislative branches of the government as well as the staff,boards and volunteer groups who sit on the boards. Alderman Munns commented that in the medical community that after receiving a diagnosis,it is the patient best interest to get second opinion and pick the opinion you trust. Original motion defeated by a roll call vote. Ayes-4 Nays-5 Ohare-nay,Spears-aye,Wolfer-nay,Besco-aye, Burd-aye,James-nay,Leslie-nay,Munns-aye,Prochaska-nay ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth noted that he added an updated"Desk Guide"of the Robert's Rules he has covered at previous meetings(see attached). He added the five classifications of motions which he will be going over in more detail at upcoming meetings. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the City Council received two memos(see attached)providing further information regarding the Blackberry Creek USGS Grant and the crack filling bid award. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Water Ban Director Dhuse reported that he distributed a memo giving a water update(see attached). He noted that the water ban has resulted in the aquafir raising 10'since June 28,2005. It is still down 30'. Mayor Prochaska stated that he has been contacted about property owners who are still watering however the ones in question are on private wells and are not using the City's water system. Director Dhuse suggested approaching these property owners and asking them to water at appropriate times. Administrator Graff noted that the high school football field is being watered however the water is being brought in by truck from the Grande Reserve well which has to use 300,000 gallon/week to keep the system running. Alderman Ohare asked if residents with underground watering systems could use their systems in the early morning. Director Dhuse stated that the all watering is banned. Woodworth Lift Station Director Dhuse distributed a memo reporting on the failure of the pump at the Woodworth Lift Station(see attached). He stated that the lift station under construction at Bruell Street will be used temporarily along with a temporary generator(will be used until power is run to the permanent station). The permanent lift station at Bruell Street should be completed in about six weeks. The Minutes of the Regular Meeting of the City Council—July 12,2005—page 9 Fox Hill Pond Administrator Graff reported that a pond will be dewatering in Fox Hill so that a new liner can be placed in it. He stated that this should not affect the aquafir for the Plano well. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT 2005 Crack Filling Project—Results of Bid Opening A motion was made by Alderman Besco to approve the Joint and Crack Filling Bid to SKC Construction in the amount of$27,600.00 as recommended by the City Engineer and City Attorney;seconded by Alderman Ohare. Alderman Ohare asked if curbs were being installed and it was explained that this was for streets that were four to five years old and was a maintenance measure. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye Engineering Enterprises,Inc.(EEl)Agreement for Monitoring of the USGS Floodplain&Floodway Mapping for Blackberry Creek A motion was made by Alderman Besco to approve Engineering Enterprises,Inc.(EEI) agreement for Consulting Engineering Services for the Monitoring of the Floodplain and Floodway Mapping Blackberry Creek as presented(estimated fees of$10,000.00);seconded by Alderman Ohare. Aldermen Ohare verified if the Kane County grant was approved and Administrator Graff stated it was. He explained that in order to get reimbursement of the funds;an agreement is needed which Attorney Wyeth is in the process of drafting. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-aye,Spears-aye Sidwell Contract for Blackberry Creek A motion was made by Aldennan Besco to approve the Sidwell Contract for Blackberry Creek project with reimbursement from Kane County through the United States Geological Survey (USGS)Blackberry Creek Grant Project.(Kane County approved the grant);seconded by Alderman Ohare Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Rob Roy Creek Interceptor—Contract#2 Resident Glen Levy's Request for a Buffer for PNA Property A motion was made by Alderman Besco to approve the Rob Roy Creek Interceptor change order for Contract#2 as approved by the Yorkville-Bristol Sanitary District on July I I,2005;seconded by Alderman Ohare. Administrator Graff reported that the YBSD did approve the change order and there was an indication that the Polish National Alliance(PNA)will also participate in the reimbursement. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye, Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, The Minutes of the Regular Meeting of the City Council—July 12,2005—page 10 Plat of Easement—Betzwiser Development A motion was made by Alderman Besco to approve the Plat of Easement for the Betzwiser Development and authorize the Mayor and City Clerk to execute;seconded by Alderman Munns. Mayor Prochaska noted that this is an easement in the Fox Industrial Park for utilities. Alderman Ohare asked if there was any cost involved and Mayor Prochaska stated there was not. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Smith Engineering Consultants,Inc. Scope of Service Agreement for Citywide Transportation Analysis& Authorization for Expenditure of Contingency Funds A motion was made by Alderman Besco to approve the Smith Engineering Consultants,Inc. scope of service agreement for citywide transportation analysis and authorize for the expenditure of contingency funds;seconded by Alderman Munns. Administrator Graff noted that the cost of the agreement increased from$65,000.00 to $71,000.00 to include the public hearing and other meetings that the City asked them to conduct. Mayor Prochaska questioned if the motion should be withdrawn and restated to cover the increase.Attorney Wyeth stated that the agreement the City Council has in front of them tonight has the increased amount and the motion on the floor would cover the increase. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Wolfer-aye,Besco-aye,Burd-aye,James-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-61 Blackberry Woods Authorizing Annexation Agreement and Planned Unit Development Agreement Ordinance 2005-62 Blackberry Woods-Rezoning A motion was made by Alderman Munns to approve an Annexation Agreement and Rezone to a Planned Unit Development under R-2 and R-4 Single Family Residence District and approve the Planned Unit Development Agreement for Blackberry Woods Subdivision. Furthermore,to approve an Ordinance authorizing the execution of the Annexation and Planned Unit Development Agreements by the Mayor and City Clerk upon final legal and engineering review of the PUD Plan and exhibits;seconded by Alderman Spears. Mayor Prochaska stated that he requested that the Planned Unit Development Agreement state that the Homeowner Association(HOA)would be responsible for all maintenance in the yard areas of the R-4 lots. This was added to page 22 of the agreement.He asked that the authorization include the additional verbiage and the motion be amended to reflect this. So moved by Alderman Wolfer;seconded by Alderman Ohare. Alderman Munns asked Attorney Wyeth if this is binding and Attorney Wyeth stated that this was discussed at the COW meeting that maintenance should go on into perpetuity and should be documented on the plat and covenants as well as the agreement. Amending motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Wolfer-aye,Besco-aye,Burd-aye,James-aye Motion approved by a roll call vote. Ayes-9 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye, Besco-aye,Burd-aye,James-aye,Leslie-aye,Prochaska-aye Ordinance 2005-63 Blackberry Woods-Annexation A motion was made by Alderman Munns to approve the Ordinance annexing Blackberry Woods Subdivision as presented upon legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Munns-aye The Minutes of the Regular Meeting of the City Council—July 12,2005—page 11 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINLSTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Spears asked the City Council to consider a resolution regarding eminent domain because it is currently quite the topic. She distributed a draft of a resolution(see attached)for the City Council to review and she encouraged that the City Council support not participating in any action regarding eminent domain powers. It was discussed to place this on the Administration Committee agenda for further discussion. Administrator Graff stated that recently new legislation has been passed regarding this. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:30 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 6 DRAFT COMMITTEE OF THE WHOLE Tuesday,July 5,2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska John Wyeth, City Attorney Alderwoman Rose Spears Bill Powell, City of Yorkville Alderman Paul James Traci Pleckham, City of Yorkville Alderwoman Wanda Ohare Laura Brown, City of Yorkville Alderman Joe Besco Eric Dhuse, City of Yorkville Alderman Dean Wolfer Tony Graff, City of Yorkville Alderman Marty Munns Kathy Farren, Kendall County Record Alderwoman Valerie Burd Allecia Vermillion, Beacon News Glen Levy Jason Poppen, SEC Peter Gabor Dean England, SEC Greg Ingemunson,Attorney Bill McCue,McCue Building Chuck Brooks Jeff Freeman,EEI The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Public Hearing: None Presentation: 1. Illinois Transportation Enhancement Program Grant presented by Tony Graff and Laura Brown—This is a pre-application process that would need approval by August 1st with a generic route in place. Phases 1 —3 would get more details as they progressed. This program would provide trail linkage to the Fox Valley trails and to the I&M Canal in Morris. It will also provide opportunities to link to the East through the Aux Sable Creek Trails. Com Ed has agreed to let the bike trails run on their right of way easements. There will be trolley stop locations along the route as well as historical landmarks. The trails will possibly be linked to a Metra Station. There is no cost to submit the application and there is no right of way acquisitions. There are no easements in the White Oaks subdivision, those lots go all the way to the river. Land Cash can be used to help fund the project. What is needed now is a resolution of support from the City Council. Peter Gabor, a resident at 316 Walter St. has an issue now that the Commonwealth Easement runs through his property. There is a pedestrian walkway and Bike Path on top of the easement. Trees were removed on his 3 acre property and he now has problems with people on ATV's going through his property. He also breeds German Shepherds and is concerned for the well being of the dogs as well as the people going through his property. There is currently no access to the trail in his neighborhood, and his property is level with the trail. He would like to see some sort of barrier in between his house and the trail and he does not want to have to pay for it. Also there is the consideration of erosion problems, and the neighboring trees would slide down the hill into his yard. This will be addressed through engineering as the bike trail system project moves forward. The Aldermen are in favor of moving this forward. Page 2 of 6 Detail Board Report (Bill list) On page 6 of the Bill List,the Hamman Easement is believed to be an easement in Countryside for a sewer. It is believed the developers will be paying for some of the easement. Attorney Wyeth will check on who is responsible to pay for the easement. On page 21 of the Bill List, Provena Saint Joseph should be Provena,Mercy Center. This bill is for the employees with CDL licenses that IDOT randomly test out of the Illinois Truckers Pool. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda 1. Building Permit Reports for May 2005 2. Block 4 Black's Addition—Letter of Credit 3. Block 4 Black's Addition—Letter of Credit Reduction#1 4. Asphalt Surface Treatment Program—Results of Bid Opening 5. 2005 Crack Filling Project—Results of Bid Opening 6. Contract A.2—Cannonball Trail Booster/PRV Station—Change Order#2 7. Greenbriar Unit 4 Letter of Credit 8. Cornerstone Subdivision Bond Reduction#1 9. Bruell Street Force main and Gravity Sewers—Change Order#2 10. Sale of Used Equipment—A trash pump will be added to the list of used items to sell. 11. 500 MG Water Tower Painting—Change Order#1 There was some question that the company chosen to do the work for the crack filling project(Consent Agenda Item#5) was not a responsible bidder, and that company may not be paying the prevailing wages for the job. Attorney Wyeth will do a report on this matter. This item will be removed from Consent Agenda. A new letter of credit was issued for Greenbriar(Consent Agenda Item#7). This will also be removed from Consent Agenda. All other issues will be moved on to City Council Consent Agenda. Mayor 1. Coffee with the Mayor: July 9th at Coldwell Banker Primus Realty, 207 Hillcrest Avenue from 10 am to Noon. 2. Draft Ordinance Amending City Code,Title 3, Business; Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions—The new fees for the new classifications will be as follows; Golf Course, $2,000 annual license and fee, Temporary license will be $35 for each event, Catering will be $500 annual license and fee, and the Bar and Grill will be $1,200 annual license and fee. There will be no limit to the amount of licenses awarded in each classification. This will move on Consent Agenda. Page 3 of 6 3. Community Development Director Recruitment Request—There were two proposals in the packet regarding assistance in placing a Community Development Director. McGrath Consulting costs $8,850 and The PAR Group costs $14,000 - $14,500(plus reimbursable expenses not to exceed$3,500). It was thought that even though McGrath Consulting has not placed a Community Development , Director,they have been strong in Human Resource. The city will do the advertising and the background check,McGrath will weed out and qualify candidates,and they will be here during the interviews. This will move on to City Council. Economic Development Committee 1. Draft Ordinance Regarding Commercial/Office Parking Lots—This will go on Consent Agenda. 2. Draft Ordinance Regarding Mini Warehouse Storage—This Ordinance will remove Mini Warehouse Storage to a Special Use area in a Manufacturing District. This will go on Consent Agenda. 3. Draft Ordinance Regarding 100 Year Storm water Release Rate for Aux Sable Creek Watershed—The release rate will be changed from 1.5 to 1.0. This will move on Consent Agenda. 4. Proposal to Support Relocating Overhead Power Lines to Underground Specific to all State Routes and Downtown Area—Com Ed will do the work,but the city will have to pay the burial cost for the lines. There was discussion that this could cost the homeowners for the conversion of each home to accept the underground power lines. It could be possible to start a reimbursement program for this. All new development is currently burying the power lines,and the Council should select what existing areas will have this work done. After the estimates are done, the city should have a Public Meeting. There is a significant cost in the different types of power lines and there would have to be manholes every 600 ft. It was discussed that up to 135 feet for new construction would be paid by the electric company, and if the homeowners want to change their service from overhead to underground would be at the owner's expense. What is needed at this time is a Resolution of Support from the City Council to send to IDOT. This will move on Consent Agenda. 5. PC 2005-08 Blackberry Woods Annexation&Preliminary PUD Plan—On page 21, item#19. Covenants currently reads: In lieu of any architectural control ordinances...., since there are now such ordinances, it will read: Shall abide by any architectural control ordinances.... There was discussion about the setbacks and the sizes of the yards. Since it will be age targeted, and maintenance free, it is thought by the Aldermen and the Mayor the yards will be fine, if it is written in the PUD that it will never change from Maintenance Free. The city does not want small fenced in properties that are individually maintained. This will be revised and sent to the City Clerk's office to be filed. Page 4 of 6 (5. Continued) There was some concern whether or not it was a conflict of interest for EEI to perform a review on this development because of the proposed linking to Beecher Rd. This will be looked into. There was a question about whether or not the roads were going to be spaced 400 feet apart. They will be. There was concern about whether or not the neighbor on Independence Drive will be provided access to the road with a new driveway and have utilities provided to him. The neighbor is not landlocked and part of his property is inside the city limits. 6. PC 2005-17 Fox Hill Unit 6 Lot 1 —Final Plat—This will be moved forward to City Council on Consent Agenda with an updated copy in the packets. 7. Draft Ordinance Providing for a Feasibility Study&Report with respect to the Designation of an area as a TIF Redevelopment Project Area(Downtown Business Area)—The city will pay for the study up front,but will be reimbursed through the TIF funds and through developers. This will move on Consent Agenda. Park Board 1. Cannonball Ridge Park Bid Approval—This is part of the OSLAD Grant, and it is within the budget under land cash. It will have a Fort/Civil War Theme with a 2- 5 year old playground and a 5-12 year old playground separately. There is space for a skate park and a Civil War playing field area. The recommendation is to accept the bid for George's landscaping bid for$238,334 with additional items to be done by the city for$15,500 and$19,500 in design fees for a total of$273,334. The motion will be split into two separate items, the city work totaling$15,500 and George's Landscaping totaling $257,834. This will go on Consent. Public Works Committee 1. USGS Floodplain and Flood way Mapping for Blackberry Creek—There was discussion about this item,and the committee feels they would like to approve this contingent upon the joint funding agreement and Kane County's approval to accept the award. a. EEI Agreement for Consulting Engineering Services for the Monitoring of the Floodplain and Flood way Mapping for Blackberry Creek b. Sidwell Contract for Blackberry Creek 2. Illinois State Geological Survey Research Agreement for Groundwater Resource Investigations for Kendall County—There was discussion about cost savings, when the money is due, and other communities in the project that have already passed this. This will move forward on Consent Agenda. 3. Plat of Easement—Betzwiser Development—This easement is at the end of the industrial park. It will move on Consent Agenda. Page 5 of 6 4. Rob Roy Creek Interceptor—Contract#2—Resident Glen Levy's Request for a Buffer for PNA Property—There was concern that if there was a fence put up on Mr. Levy's property,that every citizen in Yorkville would want something done to their property every time improvements were made in the city, and that Mr. Levy does not live inside the City Limits. The committee would like to make a recommendation to the County Sheriff to take care of the situation. The committee also recommended that Mr. Levy call the County Board members. It is possible that it could be a change order under the YBSD project. Attorney Wyeth will investigate the Case Law of the World Music Theatre. 5. SEC Scope of Service Agreement for Citywide Transportation Analysis for $65,000 -Population and employment forecasts will be utilized to create a traffic model using the CATS model. This would be a needs assessment for the entire system. It would give an estimate of how traffic will shift based on what roads are believed to be built and in use. This will be a study independent from Prairie Parkway. It will provide credibility to the CATS project as a whole. Funding could come from the Illinois Tomorrow Grant or could come from the Contingency Fund. A public meeting would have to be held, and the scope of work would be modified to include this meeting. This will move on Consent Agenda contingent on the Grant money. 6. Truck Purchases a. Replacement of Utility Truck b. Additional One Ton Dump Truck These will move forward on Consent Agenda Public Safety Committee No Report Administration Committee No Report City Council Requests 1. Ordinance Establishing Committees of the City Council—Alderman James thought this would be something to ask the person who is coming in to do a seminar on how government works. Mayor Prochaska said the City Council is a Legislative Body,and the Committees are Legislative Committees with the ability to look at Policy with no Administrative authority. As a Mayor, he has the ability to appoint people and thus delegate Administrative authority to the Chairman. This Ordinance would be changing the form of Government, and disallow the Council to have Administrative duties. This will move on to COW for discussion. Page 6 of 6 2. Draft Ordinance Authorizing the City Council to Retain Independent Legislative Counsel—Bill Powell suggested that the City Clerk and the City Treasurer be included in this. Alderman James suggested that the City Attorney be able to consult another Attorney also. Mayor Prochaska stated that this now includes everyone but the Mayor. Alderwoman Burd pointed out that this would be a Legislative Attorney, and the Executive Branch already has their Attorney,this Attorney would support the Legislative viewpoint. There was discussion about when and how the Attorney would be contacted. Alderwoman Ohare pointed out the Ordinance named the Firm the city would use. Mayor Prochaska said there would have to be a qualifying process to qualify a group. Through the Ordinance, the city would allow the function to happen, then there would be a vote and a resolution to use that Firm. If the Firm is listed in the Ordinance,the city would never be able to use anyone else. Alderwoman Spears concern was that she could be named in a lawsuit against the city, and she wants to be able to get a second opinion. Alderman James said the Council would have to vote in Executive Session to contact independent counsel and the phone call would be made in Executive Session,but first all internal resources should be exhausted. This will move forward to City Council for discussion. Additional Business Alderwoman Spears asked about John Street parking. It will be on the next agenda. Alderman Munns asked if there was any inventory control in the Public Works Department. Tony Graff said there is for larger items,but he is not sure for the smaller items. Tony Graff will ask Eric Dhuse about this. The meeting was adjourned at 10:55 pm. Minutes submitted by Laura Leppert. 4,o United City of Yorkville Memo 3, 800 Game Farm Road Esr.1114 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-4350 �9 p Fax: 630-553-7575 Date: August 5, 2005 To: Mayor& City Council V)\-j From: Traci Pleckham—Finance Directory CC: Tony Graff—City Administrator Subject: 8/2/05 COW Bill List Questions In response to the two 8/2/05 Committee of the Whole Bill List questions, I offer the following: • Page 17—Paint and supplies were used for the Well House downtown. • Page 24—The Rotary Club Membership was for the Community Relations Manager. They do allow businesses to join. I have attached copies from the Rotary International website. • Page 33 —The Police—Liquor License was for the background checks, not for the actual license. Should you have any further questions, please contact me. Rotary International: About Rotary Page 1 of 1 € r� b � .. , Contribute:Shop:Club Locator Discuss;Contact Us vottil About Rotary 0 Membership 0The Rotary Foundation e RI Programs e Newsroom 0 Events C Club-District Support®Training®Downloads Home About Rotary About Rotary Calendar About Rotary Rotary Centennial Rotary is a worldwide organization of business and professional leaders that provides humanitarian service, encourages high ethical standards in all Rotary History vocations, and helps build goodwill and peace in the world. Approximately 1.2 million Rotarians belong to more than 31,000 Rotary clubs located in 166 countries. Rotary_Milestones Rotary club membership represents a cross-section of the community's Administrationbusiness and professional men and women. The world's Rotary clubs meet weekly and are nonpolitical, nonreligious, and open to all cultures, races, Object.of Rotary and creeds. The Four-Way Test The main objective of Rotary is service — in the community, in the workplace, and throughout the world. Rotarians develop community service Four Avenues of Service projects that address many of today's most critical issues, such as children at risk, poverty and hunger, the environment, illiteracy, and violence. They RI Mission Statement also support programs for youth, educational opportunities and international exchanges for students, teachers, and other professionals, and vocational and career development. The Rotary motto is Service Above Self. RI Strategic Plan Although Rotary clubs develop autonomous service programs, all Rotarians .eclarationof Rotarians worldwide are united in a campaign for the global eradication of polio. In in Businesses and the 1980s, Rotarians raised US$240 million to immunize the children of the Professions world; by 2005, Rotary's centenary year and the target date for the certification of a polio-free world, the PolioPlus program will have RI_and_Other contributed US$500 million to this cause. In addition, Rotary has provided Organizations an army of volunteers to promote and assist at national immunization days in polio-endemic countries around the world. Calendar The Rotary Foundation of Rotary International is a not-for-profit corporation that promotes world understanding through international humanitarian service programs and educational and cultural exchanges. It is supported Related Information solely by voluntary contributions from Rotarians and others who share its vision of a better world. Since 1947, the Foundation has awarded more than Information for Prospective US$1.1 billion in humanitarian and educational grants, which are initiated Members and administered by local Rotary clubs and districts. return to tom Privacy I Copyright 2003—2005 Rotary International httn•//www rntary.nru/ahnutrntary/ahout.html 8/5/2005 Rotary International: Membership Page 1 of 2 ry � Contribute�Shop;C1 b Locator Discuss;Contact U s „ ai About Rotary S Memberships The Rotary Foundation•RI Programs e Newsroom 0 Events 0 Club-District Support®Training S Downloads Home Membership F Prospective Mem ers ' U Mealbersh F New Members 1 ,� - `"�i If you are D' Continuing Member have you re Education €; ig, E' and logs 1 7 : - ' t 't,' r N ' ,,'‘ 8 Member "'Clubs and Districts ,p • Membership Development `,: . ,,dr C Yes Strategies 4 C' NO • Resources for Recruitment and � V RetentionIIP \i • RIMC Program • Discussion_Forum Membership • FAOs • Retention_Pi.lot Prr_ogram Rotary club members are part of a diverse group of professional U Best Practi leaders working to address various community and international Looking for id • Award and.._Recognition Programs service needs. Through community service and other means, Rotary improve your • Mem.bership_ip_.Cards club members help promote peace and understanding throughout development • Club and District Administration the world. Our members are our most important asset. They are is pleased to I • Downloads the force that allows Rotary to carry out its many humanitarian Membership C efforts and achieve its mission. Best Practice! • Rotari.an_.Relocation The searchabl • Membership Referral til Why Join Rotary? contains club Each Rotary club strives for a membership that is an up-to-date and strategies abc Resources recruitment, progressive representation of its community's business, vocational, communicatic. ► Download Center and professional interests. Membership in Rotary offers a number of benefits, including: member orier diversity, pub • Effecting change within the community attendance, r continuing me • Developing leadership skills education. • Gaining an understanding of— and having an impact on — international humanitarian issues. 31 Membersh • Developing relationships with community and business leaders Subscribe to t Membership A Rotary membership is by invitation of local clubs. If you would like receive a peri to be considered for membership by a local Rotary club, complete newsletter fol a Prospective Member Contact Form. RI will forward your regarding nes information to clubs in your area. development tools. Simply e-mail addres preference to Fill out an F Appli i� e � U.S. Rotarians I i Facts_about t httry/Rxnxrcxi rntary nra/memherchir►/inrde.x html R/5/200.5 GRANT OF EASEMENT FOR WATERMAIN TO THE UNITED CITY OF YORKVILLE W E KENDALL COUNTY, ILLINOIS 0' 20' SCALE FEET I f•— I I W CrI W I y GRANTOR'S PROPERTY I I THE WEST 80 FEET OF LOT 7 OF THE NORTH EAST FRACTIONAL QUARTER OF I SECTION 32 NORTH OF THE FOX RIVER,TOWNSHIP 37 NORTH.RANGE 7 EAST OF 0 THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID SECTION, ZRECORDED IN PLAT BOOK 1.PAGE 84 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF - - KING STREET AND THE RIVER ROAD IN THE VILLAGE OF BRISTOL AND ON THE EAST LLINE OF THE MILL LOT,THENCE EAST ALONG THE CENTER LINE OF SAID RIVER ROAD,80 FEET,THENCE SOUTH TO THE NORTH BANK OF THE FOX RIVER.THENCE WESTERLY ALONG THE BANK OF SAID RIVER.BO FEET TO THE EAST LINE OF SAID MILL LOT.THENCE NORTH ON SAID LINE TO THE POINT OF BEGINNING,IN THE VILLAGE OF BRISTOL,KENDALL COUNTY,ILLINOIS. RIVER ROAD PERMANENT WATERMAIN EASEMENT PARCEL A: �_ 586'02'75"E 586'02'15"E THE WESTERLY 10.00 FEET OF THE ABOVE DESCRIBED GRANTOR'S PROPERTY. 10.000''7 30.01' FOUND \/ _ RR SPIKE I� r �\ TEMPORARY CONSTRUCTION EASEMENT - --T--- PARCEL B: THE WESTERLY 40.00 FEET OF THE ABOVE DESCRIBED GRANTOR'S PROPERTY. I 1 IOWNER'S CERTIFICATE I '\ I STATE OF ILLINOIS) I COUNTY OF COOK))SS THE UNDERSIGNED.OWNER OF THE PROPERTY DESCRIBED UNDER GRANTOR'S PROPERTY 0 I 00' SHOWN HEREON,FOR AND IN CONSIDERATION OF 11.00(ONE DOLLAR)AND OTHER GOOD AND VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,HEREBY GRANT TO I I THE UNITED CITY OF YORKVILLE.ILLINOIS,THEIR RESPECTIVE LICENSEES,SUCCESSORS AND I ASSIGNS,JOINTLY AND SEVERALLY,THE PERMANENT EASEMENTS DESCRIBED HEREON, TO I CONSTRUCT,OPERATE,MAINTAIN,RENEW,RELOCATE AND REMOVE,FROM TIME TO TIME, I WATERMAIN AND OTHER FACILITIES USED IN CONNECTION WITH SAID WATERMAIN,TOGETHER 30,00 I. I PATH RIGHT OF ACCESS TO THE SAME AND THE RIGHT FROM TIME TO TIME TO TRIM OR REMOVE TREES,BUSHES AND SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE GRANT HEREIN I GIVEN,UNDER,ACROSS ALONG AND UPON THE SURFACE OF PROPERTY DESCRIBED UNDER PERMANENT WATERMAIN EASEMENT.THE GRANTOR RESERVES THE RIGHT TO PLANT TREES,TO p I LANDSCAPE,AND TO CONSTRUCT A PERMANENT DRIVEWAY'WITHIN THE EASEMENT. o�W I THE TEMPORARY CONSTRUCTION EASEMENTS SHALL EXPIRE SIX MONTHS AFTER THE a I COMMENCEMENT OF CONSTRUCTION. 6 co I DATED AT ILLINOIS. THIS___DAY OF 2005. n. U/ / I BY: PETER N.SAHLAS �CC // I 1 RIVERSIDE ROAD '643 v, P\\\�0_ SUITEIV2C 'Iv, I\\�(L 3 RIVERSIDE.ILLINOIS 60546 I \a�I` cn O^ STATE OF ILLINOIS) IV 3 CO CA )SS5 I COUNTY OF COOK) J�1'p0' O [L� N `1. '- 1n P-'. 1U1,o.o I, A NOTARY PUBLIC.IN AND FOR SAID COUNTY AND STATE M'� AFORESAID,DO HEREBY CERTIFY THAT PETER N.SAHLAS,PERSONALLY KNOWN TO ME TO Ory VVI I BETHESAMEPERSON WHOSENAME ISSUBSCRIBEDTOTHEFOREGOING INSTRUMENT,APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED AND O M DELIVERED THE FOREGOING INSTRUMENT AS HIS OWN FREE AND VOLUNTARY ACT,FOR THE 2 I USES AND PURPOSES THEREIN SET FORTH. I GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS___DAY OF ,2005 I !l NOTARY PUBLIC MY COMMISSION EXPIRES: I�\\ I I I STATE OF ILLINOS) 5PN- 11P - )s.S. 2'2: 1 COUNTY OF KENDALL) Ex\51�N EPEMEN R APPROVED AND ACCEPTED BY THE UNITED CITY Of YORKNLLE.ILLINdS, / oSEVJE / /// / THIS OAY OF 2005. I� / / / By: ' // / MAYOR I / ATTEST: / CITY CLERK I I //Y'''.-NORTH BANK OF RIVER I / / FOUND //CS\ ,\* IRON PIPE / ,\.��^y / y/ A1 0 C � �h° F'- \ a / / 'T O4 v / / STATE OF ILLINOIS) )SS s- COUNTY OF KANE) LO O O THIS IS TO CERTIFY THAT ENGINEERING ENTERPRISES,INC.HAS CV PREPARED THIS GRANT OF EASEMENT AS SHOWN BY THE ANNEXED N PLAT WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID CO PROPERTY,FOR THE USES AND PURPOSES DESCRIBED HEREIN. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF, 0 l GIVEN UNDER MY HAND AND SEAL AT SUGAR GROVE,ILLINOIS, N THIS 3rd DAY OF AUGUST,2005. 3G\S0!" I1jl M7 �p F BY PROFESSIONAL LAND SURVEYOR #3581 s.'' 358) �tT`Ih FT) EXP 11/30/06 %_I PRO LSSOONAL`'Ay #; SURVEYOR IIT ec O ENGINEERING ENTERPRISES INC. STATE OF O PROFESSIONAL DESIGN FIRMEXP 04/30/07 3 ,rr'IaIlII1��ViiN\O�5 ter' U O) 0 oEngineering Enterprises, Inc. CIVIL ENGINEERS&LAND SURVEYORS 52 Wheeler Rood Y F Sugar Grove, Illinois 60554 v) Phone: (630) 466-9350 DWGJ .Y00109 ATYO010915 w 2 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR PRESTWICK OF YORKVILLE WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plat of Subdivision for the Prestwick of Yorkville; 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 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 Plat of Subdivision for Prestwick of Yorkville is approved, subject to legal review, 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 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Westbury Village Unit One (Formerly called POD 6) WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Westbury Village Subdivision, Unit 1; 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 Westbury Village Subdivision, Unit One is approved and all appropriate City officials are hereby authorized to execute same subject to staff and legal review and conditioned on adjustments consistent with the staff review. Furthermore, all easements and right-of-ways which have been requested by the city and YBSD have been executed, specifically the Rob Roy sanitary sewer project. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 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 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE DESIGNATING AN AREA FOR SPECIAL USE (Lincoln Prairie Asphalt Plant) WHEREAS, Don and Carol Hamman are the legal owners of record and developers of property described on Exhibit"A"attached hereto and incorporated herein (the Property), and WHEREAS said owners and developers the Property have made application by petition for the approval of a Special Use for an, and WHEREAS, the special use of Asphalt Plant is provided in the M-2 zoning classification applicable to the Property, and WHEREAS, a public hearing on June 8, 2005 was conducted at the Yorkville Plan Commission and the Yorkville Plan Commission has recommended approval of the special use of the Property as Asphalt Plant subject to an engineering study regarding odor, among other things, and WHEREAS, the owner and developer has caused the engineering study to be done and has submitted same to the United City of Yorkville for review, and the City has in fact reviewed the study, and NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. A Special Use for Asphalt Plant is hereby approved for the Property in accordance with the Annexation Agreement previously entered into between the City and Developers. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 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 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ANNEXATION AGREEMENT OF (Rosenwinkel Property) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate which was passed as Ordinance No.2000-42 be amended under the terms set forth in the Exhibit"A"(FIRST AMENDMENT TO ANNEXATION AGREEMENT OF MICHAEL ROSENWINKEL AND TAMARA ROSENWINKEL SAID AGREEMENT HAVING BEEN APPROVED BY THE UNITED CITY OF YORKVILLE AS DOCUMENT#2000-42) attached hereto and made a part hereof, and WHEREAS, said Amendment to the Annexation Agreement has been and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Amendment to the Annexation Agreement and to perform the obligations as required hereunder; and Page 1 of 3 WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, the Amendment to the Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Amendment to the Annexation Agreement is attached hereto as Exhibit"A"and made a part hereof. �' Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Page 2 of 3 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 Page 3 of 3