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City Council Packet 2005 11-08-05 4,0 car` 0 United City of Yorkville 800 Game Farm Road EST. ` 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 — 0Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, November 8, 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: Executive Session: 1. 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. 2. The purchase or lease of real property for the use of the public body. Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, December 5, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday,November 17, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, December 1, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday,November 10,2005 City Hall Conference Room 1 City Council Meeting Agenda November 8,2005 Page 2 Presentations: None Public Hearings: None Citizen Comments: Consent Agenda 1. Building Permit Reports for August and September 2005 2. Routine IDOT Highway Permit and Resolution—Old Castle Bank—Entrance to Route 34 -authorize Mayor and City Clerk to execute 3. Agreement for a Bike Path Easement for Grande Reserve- authorize Mayor and City Clerk to execute 4. Resolution Approving the Final Plat of Subdivision for Prestwick of Yorkville Unit 1 -authorize Mayor and City Clerk to execute Plan Commission/ Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—October 11, 2005 Minutes of Special City Council—August 30, 2005 Minutes of Committee of the Whole—October 4, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,389,904.25 (vendors) $ 160,903.58 (payroll period ending 10/15/05) $ 1,550,807.83 (total) Reports: Mayor's Report: 1. Request to Approve Employment Agreement for Interim City Administrator 2. State Street Watermain—Davis Grant of Easement Agreement 3. Tax Levy Ordinance Schedule 4. Due to the Veteran's Day holiday- Committee of the Whole packets will be distributed on Thursday, November 10 City Council Report: City Attorney's Report: City Council Meeting Agenda November 8, 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: 1. Library Expansion Project Update Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business:. Adjournment: 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 City Council Meeting Agenda November 8,2005 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES FY 2005 —2006 (con't) 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 SAFETYV, 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 ;ADMINISTRATION 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 DRAFT STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR PRESTWICK OF YORKVILLE UNIT 1 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for PRESTWICK OF YORKVILLE 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: The Final Plat of Subdivision for the Prestwick of Yorkville Subdivision, Unit 1 is approved as presented 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 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 DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,OCTOBER 11,2005. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present(arrived 7:06) Ward II Burd Present Wolfer Present Ward III Ohare Present(via telephone) Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska 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#5—SBC T-1 Line Agreement be moved from under the consent agenda to under the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,November 7,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,October 20,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,November 3,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee Cancelled Ad Hoc Technology Committee T.B.A. PRESENTATIONS Character Counts Plaques Mayor Prochaska and Yorkville Community Wellness Committee members Jeff Schafermayer and Dr.Dave Wieck presented David Keller,Brett&Missy Burks,Edward Kurz,Sr.,Jeaness Medin,Identa Austin and Eric Weis with plaques in recognition of their exhibiting the pillars of character that are part of the Character Counts Program. Mayor Prochaska congratulated the recipients and thanked the Wellness Committee for their work. Dr.Wieck thanked the Record Newspaper for their help in promoting the program and he congratulated the recipients. PUBLIC HEARINGS Rob Roy Creek Alternate Revenue Bonds BINA Hearing Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Rob Roy Creek Alternate Revenue Bonds BINA Hearing. So moved by Alderman James; seconded by Alderman Munns. The Minutes of the Regular Meeting of the City Council—October 11,2005—page 2 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 Mayor Prochaska explained the public hearing is to discuss the issuance of up to$12 million in bonds for the Rob Roy Creek Interceptor which will extend service to the north of Yorkville. This is an alternate revenue bond whose revenue source will be developer's fees. Mayor Prochaska opened the floor for public comment. There was none. Mayor Prochaska opened the floor for City Council comment. There was none. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Burd. 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 CITIZEN COMMENTS Gary Rice,598 Poplar Drive addressed the City Council.He expressed his concern with the"in fighting"of the City Council which he has read about in the newspapers and discussed with other citizens. He noted that he wrote a letter to the editor of the Kendall County Record which was printed in last week's edition where he called for a few of the Council members who he perceives as stubborn and caring more about arguing than doing business to resign. He apologized for the comment because everyone on the Council should be thanked for the time they put in for the citizens and because he doesn't want anyone asking him to do the job. He commented that the fighting is hurting the citizens of Yorkville and expressed the concern that some members of the City Council don't know the history of Yorkville. Mr.Rice explained to the City Council that he has been a resident of Yorkville for fifty-six years, represents five generations of Yorkville residents and that his family owned a business in downtown Yorkville for twenty-five years. He further explained that years ago Yorkville had many prominent businessmen who built the community. He reminded the City Council of the time and effort these individuals committed to the City and asked them to remember this when they are working on projects. He gave the history of the Yorkville Businessman's Associates (eventually the Chamber of Commerce),the way they helped the community along and he gave a detailed account of the spirit of Yorkville in the past. He noted that these businessmen built the parks,ball fields,festivals and they were the mayors,aldermen and the leaders. He asked the City Council not to let these people down. Mr.Rice stated that he knows the City cannot be like it was in the past however he would like to see the spirit of small-town Yorkville remain. He felt that this is not impossible. He stated that Yorkville needs a City Council that works in harmony to move the City forward and the residents need a Council that works hard to hire the right people to run the city. He asked that when these people are hired,the City Council let them do their jobs. He commented that micromanaging is not needed;if the City Council does a good job interviewing,performing background checks and hiring,the individuals should be allowed to do the job they were hired to do. He asked the City Council to value the employees and to acknowledge the jobs they do. He suggested that a thank you note in the newspaper or on WSPY wouldn't hurt. He stated that he would like to see a Council that cares for its young citizens,old citizens and its disabled citizens. He also for a City Council that valued its old,existing business as much as they value bringing in new business. He asked them to treasure what they have in this town. Mr.Rice asked the City Council to imagine the feelings of the majority of Yorkville business people and residents when they read week after week about the Council's childish behavior, arguing and fighting. He cited the discussion about the employees having shirts with the City's name on them. He stated that the employees having shirts is not a big deal;other municipalities have them. He commented that he would find it hard to believe if over 1%of the residents would ever complain about the staff having shirts.He asked the Council to better spend the hours arguing about trivial things to work to help ways to have businesses prosper and improve the life of the City's residents. He also cited the discussion over legal fees incurred by an employee for an incident that occurred while she was working for the City. He stated that an employee should expect an employer to back them up and the Council should support the employees. He felt that the old City father's would turn over in their graves if they could see a City Council that did not back up their employees. He stated that he is ashamed of both sides of the City Council. He stated that everyone should grow up and start thinking about the end goal. He commented that The Minutes of the Regular Meeting of the City Council—October 11,2005—page 3 the City Council was on the`Burlington freight train"and should get on the"express train" because the City is growing too fast and there is no room for spending hours on trivial things. He noted that the citizens of Yorkville put up with this type of behavior with the old School Board. He asked the City Council to look what happened when the School Board was having internal battles;valuable time was wasted in meetings,referendums failed,people turned on one another, the high school was built too small,etc. He asked the City Council to look at the similarities between themselves and the old School Board;he didn't think there was much of a difference and he felt the City Council learn from them. He invited the Council members to come to Rice Park,which was named after his father. He stated it is located in the River's Edge subdivision and he is very proud of it. He stated that on a nice day there could be fifty children playing there and parents visiting with each other. He commented that it has brought the whole neighborhood together and this is the way the City should be. He stated that neighborhood parks are being enjoyed and the City has Executive Director of Parks&Recreation Laura Brown to thank for this. He commented that from what he has read in the newspapers,the City Council owes Ms.Brown an apology and they should thank her for a job well done. He stated that most importantly,she deserves an invitation to assume her job. CONSENT AGENDA 1. Police Reports for August 2005 2. Trick or Treat Hours—Monday,October 31,2005 from 4—7 p.m. 3. Ordinance 2005-82—Approving Variances for Rear and Front Yard Setbacks for 507 W.Ridge Street - authorize the Mayor and City Clerk to execute 4. Rob Roy Creek Interceptor Contract No.4—ComEd Easement Agreement- authorize payment in an amount not to exceed$15,500.00 5. Resolution 2005-69-Protect Kendall Now Initiative Agreement between the Conservation Foundation and the United City of Yorkville—authorize payment in an amount not to exceed$5,000.00 for July 1,2005 through June 30,2006,authorize payment in an amount not to exceed$5,000.00 for July 1,2006 through June 30,2007 and authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Besco;seconded by Alderman James. 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 None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated September 30,2005 totaling the following amounts:checks in the amount of $1,023,173.09(vendors);$173,274.37(payroll period ending 9/17/05);for a total of $1,196,447.46 seconded by Alderman Wolfer. 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 Character Counts Week Proclamation Mayor Prochaska read a proclamation(see attached)declaring October 16'h through October 22nd 2005 National Character Counts Week in the United City of Yorkville. He entertained a motion to ratify the proclamation. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye, Besco-aye,Burd-aye,James-aye,Leslie-aye The Minutes of the Regular Meeting of the City Council—October 11,2005—page 4 Make a Difference Day Proclamation Mayor Prochaska read a proclamation(see attached)declaring October 22,2005 Make a Difference Day in the United City of Yorkville. He entertained a motion to ratify the proclamation.So moved by Alderman Besco;seconded by Alderman Wolfer. 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 Appointment to Human Resource Commission Mayor Prochaska reported that he was appointing Madonna Bialek to the Human Resource Commission for a term ending April 30,2006. He entertained a motion to accept this appointment. So moved by Alderman Leslie;seconded by Alderman Wolfer. Alderman Spears commented that Ms.Bialek has contributed to the community in many ways and will be a great addition to the committee. 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 Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on October 15, 2005 at the Grande Reserve Club House,2855 Grande Trail,from 10:00 a.m.to noon. Agreement with Senior Services Mayor Prochaska entertained a motion to approve a Use Agreement,as presented between the United City of Yorkville and Senior Services Associates for the use of the Beecher Community Building,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review. So moved by Alderman Wolfer;seconded by Alderman Burd. Alderman Burd expressed her pleasure that this is issue in been resolved and moving ahead. Alderman Spears questioned the date changes in the agreement and Attorney Wyeth stated that there were three changes made and he would give everyone a copy of the final draft. Alderman Wolfer and Mayor Prochaska thanked the Executive Director of Parks&Recreation Laura Brown for her efforts in coordinating the five agreements needed to facilitate Senior Services Associates'move to the Beecher Center. 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 Agreement with Salvation Army Golden Diner's Nutrition Program Mayor Prochaska entertained a motion to approve a Memorandum of Agreement,as presented between the Salvation Army Golden Diner's Nutrition Program,and United City of Yorkville, subject to execution of the Use Agreement with the Senior Services Associates,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review. So moved by Alderman Wolfer;seconded by Alderman Spears. It was noted that it was discussed at the last Committee of the Whole that the agreement should state the Perkins Room rather than the Austin Room and the amount of$20.00 for repairs was to be removed. Mayor Prochaska suggested the second be withdrawn and the motion restated. Alderman Spears withdrew her second;Alderman Wolfer withdrew the motion. Mayor Prochaska entertained a motion to approve a Memorandum of Agreement,as presented between the Salvation Army Golden Diner's Nutrition Program,and United City of Yorkville, subject to execution of the Use Agreement with the Senior Services Associates,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review and subject to the changes brought to the City Council's attention. So moved by Alderman Wolfer;seconded by Alderman Spears. 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—October 11,2005—nage 5 Agreement with Community Nutrition Network and Senior Services Association of Cook County Mayor Prochaska entertained a motion to approve a agreement,as presented between Community Nutrition Network and United City of Yorkville,subject to execution of the Use Agreement with the Senior Services Associates,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review. So moved by Alderman Wolfer,seconded by Alderman Spears. 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 Agreement with Parkview Christian Academy Mayor Prochaska entertained a motion to approve a Cooperation Agreement,as presented between Parkview Christian Academy and United City of Yorkville for use of a portion of the building for Park and Recreation Programs,subject to execution of the Use Agreement with the Senior Services Associates,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review. So moved by Alderman Wolfer;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye, Besco-aye,Burd-aye,James-aye,Leslie-aye Agreement for Kramer Building Office Space Mayor Prochaska entertained a motion to approve an Office Lease Agreement,as presented between Old Second National Bank trust#48-6193 and United City of Yorkville for office space at 1107A S.Bridge Street for office use by the Parks&Recreation Department subject to execution of the Use Agreement with the Senior Services Associates,subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs,and subject to legal review. So moved by Alderman Wolfer,seconded by Alderman Spears. 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 Mayor Prochaska noted that these agreements show a true cooperation between the City Council, private ownership and other government entities to provide a service that he would like to see remain in the United City of Yorkville because it is a benefit to the citizens. He thanked the City Council for working with him and he thanked Ms.Brown for her efforts in coordinating the agreements. Ehler's&Associates,Inc. Proposal for Downtown Redevelopment TIF District Project Study Mayor Prochaska entertained a motion to approve the proposal,as presented,of Ehler's and Associates,Inc.for cost of doing a feasibility study for a Downtown Redevelopment TIF District Process in the amount of$40,000.00 including expenses.So moved by Alderman Munns; seconded by Alderman Spears. Alderman James stated that he received telephone calls questioning how this could be approved when a member of the City Council has a conflict of interest with this project. He stated that he took a closer look at the Yas Study which was presented earlier in the year(he distributed a map to the City Council). He stated that it was never disclosed that an individual on the City Council owns investment property in the proposed study area;an area designated for townhomes. He noted that this Council member is also on the Facade Committee and has pushed for downtown development and for using taxpayer's money to redevelop the area where she has investment property. He also referred to the minutes from a July 12,2005 meeting where Alderman Burd was present and voted"aye"for Ordinance 2005-60—Providing Feasibility Study and Report with Respect to the Designation of an Area as a Tax Increment Financing Redevelopment Project Area(Downtown Business Area). He stated that an attachment to the ordinance was the map he distributed showing that her property was included in the area. He further stated that at no time did Alderman Burd disclose that her investment property was included in the study area and he found it troubling that someone could sit on the City Council and push for downtown redevelopment with out disclosing this information. Alderman Spears stated that Alderman Burd brought this information to the City Council's attention and she contacted the press regarding this. Alderman James disagreed stating that the press contacted Alderman Burd. Alderman Spears stated that this was not correct. She explained The Minutes of the Regular Meeting of the City Council—October 11,2005—page 6 that the press contacted someone at City Hall for details regarding this. Attorney Orr(attorney for the TIF)was then contacted. Alderman Spears stated that for years Alderman Burd has worked to get the downtown area redeveloped,she has been a strong supporter of business in the area,she was behind the creation of the Facade Committee and she should not be discredited. She stated that she did not have a problem with Alderman Burd owning property in the TIF area. Aldennan Munns stated that the downtown redevelopment is for the betterment of the City and that the study should not be disqualified just because Alderman Burd owns property in the redevelopment area. Alderman Besco stated that he did not consider the property in question investment property since Alderman Burd lives there and has done so for several years. He stated that Alderman Burd contacted Attorney Orr regarding this and has been forthcoming and that in previous concepts from Yas,Alderman Burd's property was not included in the study area. Alderman James clarified that the ordinance voted on at the July 12,2005 City Council meeting had the map attached which included Alderman Burd's property in the study area. He also clarified that in addition to Alderman Burd's residence,she has an additional parcel of property included in the study area. He stated that the disclosure of the ownership of the additional parcel is what is in question. Mayor Prochaska reminded the City Council that according to Attorney Orr moving forward with the study does not hold them responsible;the responsibility is on the owner to disclosure ownership. He noted that Alderman Burd is responsible for following the necessary legalities. He stated that a memo has been distributed to all employees and agents advising them to disclose if they owned any property in the proposed TIF area. He commented that this is a project that affects the heart of Yorkville. Attorney Wyeth explained stated that he asked Attorney Orr if the offending alderman were to vote on every portion of a TIF,from beginning to end,would this undermined the viability of the TIF district He stated that Attorney Orr's answer was no. This is a personal matter not a matter that the City has a risk in. Aldennan Wolfer stated that he did not want to hurt any businesses by slowing this process down however he wanted Alderman Burd to have time do what she might need to do,if anything does need to be done. He stated he wanted the TIF to be above reproach and everything done above board. Alderman Spears noted that there was a downtown study done by Northern Illinois University and she asked if Alderman Burd's property was included in it. Mayor Prochaska stated he was not sure but thought the study included both sides of Mill Street. Alderman Leslie stated that he was in favor of the TIF however he was concerned with the liability to the City and aldermen. He asked if it was fair to state that if the TIF was instituted Alderman Burd would realize a financial gain. He stated that this is a$40,000.00 study and he would rather not spend$40,000.00 of taxpayer's money if down the line it is determined that the TIF is wrong because of this. Mayor Prochaska reiterated that the attorneys have explained that as long as it is a whole area being considered for the TIF,there is no liability to the City. It is the responsibility of the property owner to stay within the bounds of the law. He stated that a large expanded area is being considered by the study and this area is ripe for redevelopment which will help both existing and new businesses. Alderman Spears stated that when the last TIF was passed the City did not anticipate the problems of relocating the Senior Services Associates. She noted there are many unknowns in instituting a TIF however it is an advantage to the downtown property owners to move ahead with the study. Alderman Wolfer noted that this vote is for the TIF feasibility study and there is time to stop the process if a conflict does arise. Alderman Besco asked if the City Council had actually voted on anything related to a TIF for the downtown area. Mayor Prochaska explained that according to the attorneys,the process has started however the actual TIF district has not been created yet Motion approved by a roll call vote. Ayes-5 Nays-2 Spears-aye,Wolfer-aye,Besco-aye,James-nay,Leslie-aye,Munns-aye,Ohare-nay Alderman Burd did not participate in the vote. The Minutes of the Regular Meeting of the City Council—October 11,2005—page 7 SBC T-1 Line Agreement Mayor Prochaska entertained a motion to accept the SBC T-I Line Agreement and authorize the Finance Director to execute.So moved by Alderman Wolfer,seconded by Alderman Leslie. Alderman Spears asked for clarification on the following items: o A letter dated October 5,2005 states that the monthly fee is$550.00 however the proposal indicates the fee is$425.00-Finance Director Pleckham clarified that the correct amount is$425.00/month. o Was there an out clause for the agreement-Director Pleckham stated she would look into this further. o Page 7 of the agreement states that the rates are subject to change—could the City lock in the rates-Director Pleckhatn clarified that the rates are locked in for the 36 months of the contract. o The statement that the volume discount could be greater or less than the aggregation of eligible chares seemed very board-Director Pleckham indicated that the volume discount does not apply to the City because only one T-line is needed. Mayor Prochaska stated that the Council would be approving the agreement with the inclusion of an out clause of 30 to 60 days. Alderman Spears asked if this vote should be postponed. Mayor Prochaska explained that the Library was going to break ground and the T-I line to the City would be cut before the next City Council meeting;this needs to move ahead. He stated that this could be voted on subject to verifying the clause. Alderman Leslie withdrew his second and Alderman Wolfer withdrew the motion. Mayor Prochaska entertained a motion to approve an agreement with SBC for a T-1 Line subject to verification of a 30—60 day out clause for the City and authorize the Finance Director to execute the agreement. So moved by Alderman Wolfer;seconded by Alderman Leslie. 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 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules(see attached). He noted that he added the outline for the next group of motions;the privileged motions. These motions do not relate to pending business but have to do with special matters of immediate and overriding importance. He stated that he would go into these motions in greater detail at upcoming meetings. CITY CLERK'S REPORT City Clerk Milschewski reported that she received a letter from Alderman Burd dated October 3, 2005 regarding the downtown TIF and her refraining from participation in any discussion regarding it.Clerk Milschewski read the letter to the City Council(see attached). CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Public Works Department will be busy the next few weeks with hydrant flushing,leaf pick up and brush pick up. He stated further information will be posted in the City's newsletter and in the Kendall County Record newspaper. CHIEF OF POLICE REPORT No report. The Minutes of the Regular Meeting of the City Council—October 11,2005—page 8 EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown reported that the Park Board met October 9,2005 and it was recommended that their meeting date be changed from Monday to Thursday. The meeting schedule of the second and forth Thursday of the month will begin with the October 27,2005 meeting. COMMUNITY&LIAISON REPORT Senior Ad Hoc Committee Meeting Alderman Spears reported that the Senior Ad Hoc Committee met on October 10,2005 where the new Senior Services Associates contract,grant guidelines and the creation of a permanent advisory committee were discussed. The suggestion for the permanent advisory committee will be brought to the November 1,2005 Committee of the Whole meeting for further discussion. Kendall County Tour Alderman Burd reported that she participated in a tour of Kendall County sponsored by the Kendall County Forest Preserve and the Aurora Area Visitor and Convention Bureau. The tour stopped at sites in Plano,Newark,Oswego which could be promoted to attract tourist to the area. Park Board Meeting Alderman James reported that he attended a very sad Park Board meeting where they accepted Director Brown's letter of resignation. Due to the resignation,they identified interim personnel to fill the void;Sue Swithin for Recreation Department and Scott Sleezer for the Parks Department. Alderman James complimented Director Brown on her fine job with the Parks and Recreation Department. He stated that she has brought the parks to a totally different level and she has initiated quality programs for the residents. He noted that the two driving forces behind the acquisition of Hoover were Director Brown and former City Administrator Graff and it was sad that the City has lost both individuals. Yorkville Economic Development Corporation Mayor Prochaska reported that he and Alderman Spears attended the Yorkville Economic Development Corporation's annual meeting where Representative Tom Cross was the keynote speaker. He stated that the event was well attended and it was evident that the YEDC is helping to attract new businesses and retain existing businesses. He thanked YEDC's Executive Director Lynn Dubajic for her work on the event and for her work with the businesses in the community. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2005-70 Swanson Lane Estates Final Plat of Subdivision A motion was made by Alderman Munns to approve a resolution approving the Final Plat of Subdivision for Swanson Lane Estates subject to staff and legal review;seconded by Alderman Besco. 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 Ordinance 2005-83 Bailey Meadows—Annexing A motion was made by Alderman Munns to approve an ordinance annexing Bailey Meadows Subdivision in furtherance of an Annexation Agreement with IRED Baseline,LLC,and authorize the Mayor and City Clerk to execute all documents upon fmal legal review;seconded by Alderman Besco. Mayor Prochaska noted that the Annexation Agreement was previously voted on by the City Council however the property was not contiguous at that time. This vote is for the actual ordinance annexing the property so that it can be recorded. 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 Ordinance 2005-84 Bailey Meadows—Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning property in furtherance of an Annexation Agreement with IRED Baseline,LLC,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council—October 11,2005—page 9 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 Ordinance 2005-85 Pulte/Del Webb Property North of ComEd Right of Way Annexing A motion was made by Alderman Munns to approve an ordinance annexing Garritano/Brummel Property—Del Webb Pulte Area north of the Commonwealth Edison right of way in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10,LLC,MPLIV20, LLC,and MLH Yorkville,LLC and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Spears. Alderman Besco asked for clarification on the motion. Mayor Prochaska explained that the Annexation and Planned Unit Development Agreement was voted on at the last City Council meeting however there was one piece of the property covered by the agreement that was not contiguous until the annexation of the Bailey Meadows Subdivision which was just approved. 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 Ordinance 2005-86 Pulte/Del Webb Property North of ComEd Right of Way Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10,LLC, MPLIV20,LLC,and MLH Yorkville,LLC and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Wolfer-aye,Besco-aye,Burd-aye,James-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Executive Director of Parks And Recreation Mayor Prochaska thanked Executive Director of Parks And Recreation Laura Brown for all the hard work and great things she has done for the City in the last three years. He noted that he has confidence in the staff that they will be able to carry on with the work she has begun however Ms. Brown and her ideas,suggestion and ability to get things accomplished will be missed. Alderman Leslie noted that in his six months on the Council,the City has lost two key staff members and he stated that while he did not know all the dynamics that played into the resignations he felt that there were members of the Council that did not see eye-to-eye with the staff. He encouraged the City Council to work together with the incoming staff to prevent problems in the future. He wished Ms.Brown the best for her future and complimented the great job she has done for the City. Mayor Prochaska and Alderman Wolfer asked Ms.Brown to reconsider her resignation. Alderman Wolfer explained that parks are not just for play but are places where people go to rejuvenate. He stated that when he and Alderman James are racing their wheel chairs in the old folk's home,the parks will still be here thanks to Ms.Brown. He stated that the impression she has made on Yorkville is awesome. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing: 1. 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. 2. For the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including The Minutes of the Regular Meeting of the City Council—October 11,2005—page 10 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. He asked that the City Clerk,City Attorney and Attorney Michael Bersani be included in the session and he noted that no formal action would be taken after the session. So moved by Alderman James;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 took a five minute break and entered into executive session at 8:38 p.m. The City Council returned to regular session at 9:10 p.m. 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 9:11 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois (Draft 9/27/05) City Council Special Meeting Tuesday August 30, 2005 City Council Chambers 6:30 PM Minutes Prepared by: Tony Graff Meeting was called to order by Mayor Arthur Prochaska at 7:13 PM. Members Present: Mayor Arthur Prochaska Alderman Paul James Alderman Valerie Burd Alderman Dean Wolfer Alderman Wanda Ohare Alderman Joe Besco Alderman Rose Ann Spears Alderman Jason Leslie Absent Alderman Marty Munns Absent City Administrator Tony Graff City Attorney John Wyeth Larry Frang Illinois Municipal League Representative Dr. Jerry Gabris Northern Illinois University Dr. Curtis Wood Northern Illinois University The meeting agenda was for a specific purpose for an Executive Session and a motion was requested by the Mayor. Motion was made and approve to enter into Executive Session at 7:15PM for self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member(Illinois Municipal League) and include the City Attorney John Wyeth, City Administrator Tony Graff, IML Representative Larry Frang, Dr. Curtis Wood and Dr. Jerry Gabris. The members return to regular session at 10:12PM with a recommendation for Dr. Curtis Wood to present his report and suggested next step in the process at the City Council COW Meeting on September 20, 2005. The meeting was adjourned. DRAFT Page 1 of 5 COMMITTEE OF THE WHOLE Tuesday,October 4,2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska Kevin Carrara,Rathje &Woodward Alderwoman Valerie Burd Nick Cordell Alderwoman Rose Spears Ted Milschewski Alderwoman Wanda Ohare Kathy Farren,Record Alderman Marty Munns Sue Swithin, Super of Recreation Alderman Dean Wolfer Curt Wood,NIU Div. Of PA Alderman Paul James Identa M. Austin, S.S.A.Board Alderman Jason Leslie Vicky Horton, Salvation Army Alderman Joe Besco Cecelia Saunders, Salvation Army Golden Diners City Attorney John Wyeth Rita Murphy, Senior Ad Hoc Committee Chief Harold Martin Nancy Huntington Finance Director Tracy Pleckham Bette Schrenholtz Senior Services Associates Laura Brown, Parks Dept. Lynn Dubajic,YEDC Bart Olson Allecia Vermillion,Beacon Kathleen Field-Orr,Attorney, TIF District Glory Spies, City of Yorkville Debbie Fogelberg Margaret Isaacson, CNN, SSA Ken Koch Domenic Fotino Stephanie Sheetz,Protect Kendall Now John Phillipchuck Chuck Brooks The meeting was called to order at 7:05 pm by Mayor Art Prochaska. Public Hearing—None. Presentations: 1. Fox Road Southwest Area Transportation Study—There was a presentation of a draft of the report of what the study found in this area. The curve on Fox Road meets IDOT's standards for the speed limit. Fox Road will not handle construction traffic. The intersection of Greenbriar and Rt 47 will be a signalized intersection with a median and dedicated turn lanes. E. Highpoint Road would be extended across Rt. 71 to Greenbriar and a Beecher Road extension between Fox Road and Rt. 71. Both those roads would be collector roads. A recommendation as a result of the study would be to impose a$2,000 per unit impact fee for the land acquisition and construction of these roads. Comments from the staff and City Council will be included in the finalized report. A question was raised about whether or not the Prairie Parkway would affect this study. Since the Prairie Parkway is a long way off and will only have access points at the major state and US highways, it was thought it will not affect this study. This will come back to COW the beginning of November. Page 2 of 5 Detail Board Report(Bill list): There was a question about a charge from Dan Kramer's office on page 1. He has been doing some cleanup work from when he was the City Attorney. On page 3 there was a question about some charges for cable cords. There are 2 types of cable cords that were purchased. There was a question on page 7 about building/zoning pollution control. This is for work on a pollution control ordinance. On page 10 there was a question about repainting under EEI's bills. EEI has put together some specifics for painting and was testing paint thickness. There was a question on page 22 for some repairs to a municipal building. Mike's Handyman Services has performed basic maintenance around the building. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. Police Reports for August 2005 2. Trick or Treat Hours—Monday October 31,2005 from 4:00 pm—7:00 pm These items will move on Consent Agenda. Mayor: 1. Dr.Wood's Report— Dr. Wood's report had a list of priorities. The first priority is to hire an interim Chief Administrative Officer. The second priority is to reach an agreement on the preferred City Administrator Ordinance. Next was to approve the Governance Enhancement Process as recommended by the September 2nd and 15th memorandums. His recommendations would be to create 2 Ad Hoc Committees, an Administrative Task Force and a Legislative Task Force. The Administrative Task Force would define the role of the Mayor, and communication between the City Council and the City Administrator, and communication between the City Administrator and the Mayor. Also to find ways to free up some of the City Administrator's time so they could spend more time supervising the city staff and communicating with the Mayor and the Council. Also to redesign the City Administrator's annual performance appraisal process. The Legislative Task Force would redesign the committee system and create a Governance Ordinance. The Legislative Task Force would also define the role of the Mayor, the City Administrator, and the members of City Council. This Ad Hoc committee should meet regularly such as once a month, and the process will take about as 4—6 months. This process will begin after the City Administrator Ordinance is in place and after the process of hiring the permanent City Administrator has begun. Attorney Wyeth will draft a resolution to adopt the Governance process plan as contained in the memos from Dr.Wood and Dr. Gabor dated September 2, and September 15. 2. Draft City Administrator Ordinance—The City of Yorkville is a hybrid form of Government. The city uses both the Mayor/Council form and the Administrative form. The wording in the draft ordinance should read City Council and Mayor throughout the document since the City Administrator will be working for the City under the direction of the Council and the Mayor. The City Administrator's term shall coincide with the Mayor's term. Section 4 talks about separation pay upon termination. Is this policy? This should be discussed at a later date. Page 3 of 5 In Section 6 Alderwoman Spears felt it should be that all departments except the police would be supervised by the City Administrator. If this is changed, how will it affect the Chief of Police's position? The City Administrator will not serve as the City Budget Officer, there is a City Finance Director. The City Administrator used to be the Budget Director,and this takes up a lot of time. Section 6,# 13 services can be defmed in the job description. Section 7 refers to a surety bond. This would be included in the package with the IML Liability group. Section 11 should be excluded. The ordinance for the Village of Oswego was included in the packet. It is similar to the way the City of Yorkville currently works. There was discussion about having the City Administrator be able to appoint, nominate, discipline, and fire City Employees or Officers. There was also discussion about the powers of the Council as far as removing officers and reinstating officers. A point was brought up that City Administrator is not clearly defined on whether that position is an Office or an employee of the city. This will be able to be defmed in this ordinance. There was a question about collective bargaining. Currently only the Police is this way, but that may change in the future. The draft ordinance will come back to COW with a red line copy and a clean copy. 3. Legislative Task Force—This was removed from the agenda. 4. Interim City Administrator Update—Mayor Prochaska has received 5 names of people to ask. 2 people declined, 3 people interviewed. Mayor Prochaska has since received one more name. They will be interviewed tomorrow. By the next COW Mayor Prochaska will have the name of the person to consider and can invite that person to come. 5. Community Development Director Update—The McGrath Group has narrowed the choices down to 6. It was asked that since the City is currently without a City Administrator, if the Council could interview. This should still be moved forward. The person that is selected to be hired will be subject to a full FBI background check. EDC will do the initial interviews and make a recommendation of 3 people to the Mayor. The Mayor will then recommend 1 person to the City Council. 6. Revised Senior Facility Use Agreement Update—This is an agreement with the Senior Services Associates. Senior Services will be the coordinator for the Beecher Building administrating the 2 nutrition programs. There will also be a 5 year agreement for the Youth Programs to be held at Parkview Christian Academy for$15,000 a year that will be available at the end of this week. The offices will be moved into the Kramer office building. There was discussion about replenishing paper goods. Under item#8 it should say Senior Services, not school. 7. Agreement with Salvation Army Golden Diner's Nutrition Program—Under Item 5 it should say Perkins Room rather than Austin Room. Item#7 the program will not pay the$20 per month, it will pay$83 per month. Item#10 says that no sign shall be permanent or left in place for more than one week. This is from the prior agreement. It was thought that this was meant for signs such as for a rummage sale. This will be amended. Page 4 of 5 8. Agreement with Community Nutrition Network& Senior Services Association of Cook County Items# 6,#7, and#8 will go on to City Council. 9. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process—This is Lisa Lyon's proposal. Kathleen Field-Orr was present to answer questions about it. This is the commencement of the TIF process. There have been questions about a conflict of interest. The TIF statute says that if any Elected Officer, Agent or Employee of the City owns property in the TIF district except a single parcel utilised as the primary residence or is renting a commercial space on a month to month lease, they shall not be part of the planning process. A notice will be put out to all the employees for a disclosure of all properties owned in the TIF district and a description of their use. This must be submitted in writing for the City Clerk to read out loud and record in the minutes of a City Council meeting. There was a question about pre planning discussions and whether or not it was ethical for the people who own property in the TIF district. Kathleen Orr's answer was that she does not know at what point the discussions began, since she was not involved in them. She said that discussing this proposal is the commencement of the TIF process. A person who has property in the proposed TIF district that is not being used as a primary residence, or commercial month to month lease shall no longer participate in discussions on this matter. If such individual does participate, the city will not be held responsible, it is that individual who would be held responsible. A form will be sent to the taxing district. This will be the qualification. This will move on to City Council for consideration on October 11th, 2005. 10. ZBA 2005-41 Albert and Kimberly Kolkmeyer—Front and Rear Yard Setback Variance Request—This is a legal non-conforming use. The property is already in violation of the setbacks and they want to build an addition staying in line with the current building. This will go on to City Council on Consent Agenda. 11. Intergovernmental Agreement with Kane County for Blackberry Creek Study—This will be postponed until the next COW. 12. Rob Roy Creek Interceptor Contract No. 4 Com Ed Easement Agreement —This is to cross the Com Ed easement. The fee for the easement is$15,500. This will move on to City Council on Consent Agenda. 13. T-1 Line Proposal Re submittal—The original bid from ICN for the T-1 line had an additional charge that was not clearly displayed. The quote from ICN works out to be $375 a month over what was already approved. SBC is now the lowest responsible bidder. This will move on to City Council on Consent Agenda. City Attorney: 1. Attorney Vacation/Substitute Attorney—John Wyeth will be on vacation 2 weeks from tonight. Mike Bersani will fill in while John Wyeth is on vacation. He is the former City Attorney for South Elgin,he substitutes for the Village of Itasca,and is a former Trustee in Bartlett. This requires no action. Economic Development Committee: 1. Protect Kendall Now—This was recommended by the Committee. It will move on to City Council on Consent Agenda. Page 5 of 5 2. PC 2005-37 Corneils Crossing—Annexation Agreement& Preliminary Plan— The Aldermen would like to see the lots be larger. Lot 1 has a house that will front Corneils Rd that is 3/4 acre. Estate lots are 1 acre and are not water and sewer lots. These lots are water and sewer lots. This parcel is 15.35 acres and will have 32 lots. The smallest lot is 12,034 square feet. The average lot size is 14,795 square feet. They are asking for R2 zoning. This meets the comprehensive plan. This will go on to City Council for consideration. 3. PC 2005-47 Swanson Lane Estates—Final Plat—This substantially meets the preliminary plan. It will move on to City Council for a vote. 4. Annexation of Bailey Meadows—This will move on to City Council for consideration. 5. Annexation of Pulte/Del Webb Property North of Com Ed Right of Way— This will move on to City council for consideration. Park Board: No Report. Public Works Committee: No Report. Public Safety Committee: 1. NIMS Compliance—Employees of the City of Yorkville as well as members of the City Council must take and pass this on line course. These individuals could possibly be involved in handling a major incident in the city, such as a terrorist act or a major disaster. Administration Committee: No Report Additional Business The Mayor said the city was notified by the IEPA that a 2.5 % simple interest loan for $1,947,070 was awarded for the water treatment plant. The Mayor also said there is a notice for a public hearing for the expansion of the City of Joliet's Facility Planning Area for their Water Quality Management Plan up to Caton Farm Road on Wednesday,November 16th from 4pm- 6pm. Alderman James asked about the park on Colonial Parkway. It is called Cobb Park. It was slated for a rebuild this year but was cut from the budget. It will be reinstated next fiscal year. It will be a refurbish of an existing park, land cash may not be used. Alderwoman Burd said a Kendall County Board will have a tour on October 10th. It will leave from the historic Courthouse and will be looking for tourism opportunities in Kendall County. Chief Martin said an officer stopped a person under the influence of drugs last night and during the search of the vehicle confiscated 10,000 hits of Extacy. The meeting was adjourned at 9:37 pm. Minutes submitted by Laura Leppert. M A go iz 4--%)._ eo ciry� United City of Yorkville Memo 6 800 Game Farm Road Est.k ,`= 1836 Yorkville, Illinois 60560 ,� ` Telephone: 630-553-8545 P II u y Fax: 630-553-3436 9 ``180 Date: November 1, 2005 To: Liz D'Anna,Administrative Assistant From: Joe Wywrot, City Engineer - 0 CC: John Wyeth, City Attorney A----->,,_, 1 Traci Pleckham, Finance Director Subject: State Street Watermain—Davis Easement Attached find one copy of the proposed easement agreement with Dr. William Davis for a watermain easement along the west side of Route 47 near Colonial Parkway. We have verbally agreed upon the terms of the easement. The amount paid of$6856.00 is based on the$1/square foot price that we have used in the past with other easements. Please place this item on the November 8, 2005 City Council agenda for approval. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF PERMANENT WATERMAIN EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: William and Cheryl Davis, in consideration of the sum of six thousand, eight hundred and fifty-six and 00/100 Dollars ($6,856.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns,hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a permanent easement to construct, maintain, and operate a watermain and further the right of access to said area for the maintenance and repair of said watermain if any are actually as installed in, upon, and across the tract of land described as follows, to-wit: PERMANENT EASEMENT See Exhibit A. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said watermain easement to Grantee. The Grantee herein shall and hereby agrees to: 1. Restore the surface of said permanent easement with grass seed and erosion control blanket. The surface of such easements shall be left uniform and free of all debris, rocks in excess of one inch(1"), and gravel, and providing a covering of a minimum of six inches (6") of clean,black, fertile top soil. 2. Re-pave the existing driveway, and replace any driveway culverts or fences as necessary. 3. Replace all lot line and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 4. Waive up to two (2) city sanitary service tap-on fees for the existing buildings or any remodeling of the existing buildings that would normally be charged by the city for the subject property. 5. Said easement shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors,heirs, and assigns of each party hereto. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of , 2005. Mayor, City of Yorkville William Davis City Clerk Cheryl Davis STATE OF ILLINOIS ) COUNTY OF KENDALL ) WILLIAM DAVIS and CHERYL DAVIS allege and state that they have read the foregoing Grant of Permanent Watermain Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. William Davis Cheryl Davis Subscribed and sworn to before me, , 2005. Notary Public Prepared by and return to: John Justin Wyeth 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 GRANT OF EASEMENT FOR WATERMAIN TO THE UNITED CITY OF YORKVILLE W E KENDALL COUNTY, ILLINOIS • -----------_L - Al\' 0' 30' 655.52' ..+ SCA®ET N 89'40'05'E I N TANGENT CENTERIRE OF 0 ROUTE 47 a GRANTOR'S PROPERTY (BRIDGE Lmewl) N O I N-. THAT PART OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 38 NORTH.RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN.DESCRIBED AS FOU.OWS.COMMENCING AT THE NORTHEAST CORNER OF SAID r^ NORTHEAST QUARTER THENCE SOUTH 89 DECREES 40 MINUTES 05 SECONDS WEST ALONG THE NORTH UNE OF SAE NORTHEAST QUARTER 855.52 FEET TO THE TANGENT CENTERUNE OF ILLINOIS STATE ROUTE NO.47 __-__-----_---_-' WENDED FROM THE SOUTH:THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG SAID EXTENDED LINE 272.72 FEET FOR THE PONT OF BEGINNING.THENCE SOUTH 89 DECREES 40 MINUTES 05 N89'40'05'E P.O.B. SECONDS WEST 682.21 FEET;THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST 191.81 FEET; - 20.13' arw89 �s0N�05 NCONDS H8235.34 SESEON��------� TES 55 CE SCONDS E70.00 FEET;THENCE NORTH 89 DEGREES 40 NUTSOUTH SECONDS 35.20' FEET:THENCE NORTH OI DEGREES 44 MINUTES 07 SECONDS WEST ALONG SAID CENTERUNE.281.62 FEET TO 589'40'05•W THE POINT OF BEGINNING,EXCEPT THAT PART THEREOF CONVEYED TO THE STATE OF LIN=DEPARTMENT U 7RMISPOHRTATON BY A WARRANTY DEC RNCORDED APRLL 11,1990 AB DOCUMENT NO 902271,IN TME ,fr"/ OF TR NUAGEABORT OF YORKNLLL KENDALLD COUNTY,IWNOS PERMANENT WATERMAIN EASEMENT THAT PART OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 38 NORTH.RANGE 7 EAST CF THE THIRD PRINCIPAL MERIDIAN.D AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTETC THENCE SOUTH 89 DEGREES 40 MINUTES 05 SECONDS WEST ALONG THE W NORTH LRE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF IWNOIS STATE ROUTE NO.47 D(TENDED FROM THE SOUTH;THENCE SOUTH 01 DEGREES 44 MINUTES 07 N SECONDS EAST ALONG SAE DOMED UNE 27272 FEET THENCE SOUTH 89 DEGREES 40 MINUTES 05 N 0/ . In SECONDS WEST 35.20 FEET TO THE WEST UNE OF SAD ROUTE 47 FOR TEE POINT OF BEGNNINR >^ M BOD N SAID TIME HWEST LINE;THENCE SOUTH 01 DEGREES 06 DEGREES 15 MINUTES 32 SECONDS 44 MINUTES CO SECONDS ALONG SAID WEST FAST�SAID 178.35 TO A in 1 WEST LINE.84.39 FEET TO THE s0U1H LINE of PROPERTY DESCRIBEDUNDER•GRANTOS PROPERTr: .-om THENCE SOUTH 5$DEGREES40 MINUTES H>9 SECONDS WEST ALONG SAID SOUTH LIFE,40.01 FEET: y HENCE NORTH 01 DEGREES 44 MINUTES 00 SECONDS WEST,72.24 FEET:THENCE NORTH 51 DEGREES 13 MINUTES 42 SECONDS EAST,25.55 FEET THENCE NORTH 06 DEGREES 15 MINUTES 32 SECONDS rs ,� EAST.174.60 FEET TO THE NORTH LINE OF SAID GRANTOR'S PROPERTY:THENCE NORTH 89 DEGREES 40 MINUTES 05 SECONDS EAST ALONG SAID NORTH LNG 20.13 FEET TO THE POINT OF BEGINNING THE N.I UNITED CITY OF YOR(VILLE KENDALL COUNTY,WNOIS I— O 7IV NI'. CO OWNERS CERTIFICATE '4‘13,43 STATE OF IWNOIS) �/ COUNTY OF KENDALL)jS5 STATE OF ILLINOIS) THE UNDERSIGNED,OWNER OF THE PROPERTY DESCRIBED UNDER GRANTORS fin,OF KEND� PROPERTY SHOWN HEREON.FOR AND IN CONDOERA1LON OF 81.00(ONE DOLLAR)AND OTHER GOOD AND VALUABLE CONSIDERATION.RECEIPT OF WHEN IS HEREBYID CO ACKNOWLEDGED.HEREBY GRANT TO THE UNITED CITY CF YORI(YD.LE,0.LNOIS THEIR L A NOTARY PUBLIC,N ANDFOR SAID COUNTY o RESPECTIW LICENSEES,SUCCESSORS AND ASSIGNS,JOINTLY AND SEVERALLY.THE AND STATE AFORESAID,DO HEREBY CERTY THAT WIWAN W.DAVIS, ZOD •• PERMANENT EASEMENT DESCRIBED HEREON.TO CONSTRUCT.OPERATE MAINTAIN. PERSONALLY 10401114 TO ME TO BE THE SAME PERSON WHOSE NAME O vA t RENEW.RELOCATE AND REMOVE,FROM TWE TO 19E WATERMAN AND OTHER IS SUBSCRIBED TO RHE FOREGOING INSTRUMENT,APPEARED BEFORE f. FACIITES USED IN CONNECTION WI H SAID WATERMAN,TOGETHER WITH RIGHT OF ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGHED AND NtWp $ ACCESS TO THE SAVE AND THE RIGHT FROM INE TO TIME 0 TRY OR REMOVE DELIVERED TE FC AGOING INSTRUMENT AS HES 08N FREE AND '-4 TREES,BUSHES ANO SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SUACE VOLUNTARY ACT.FOR THE USES MID PURPOSES THN SET FORMAND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCDENT 10 THE GRANT HEREIN OVEN.UNDER,ACROSS ALONG AND UPON THE SURFACE OF PROPERTY DESCRIBED GP/04 � UNDER MY HAND AND NOTARIAL SEAL THISAY UNDER PERMANENT WAIEIHMAIN EASEMENT. OF A.D.2005 DATED AT WNOIS,TUE _DAY GIF AIL 2035 /4 40.01' 1 NOTARY PUBLIC S89'40'08'W 1 NIWAM W.DAVIS MY COMMON EMPIRES STATE OF IUNOS ) ) COUNTY OF ICENDALL) APPROVED AND ACCEPTED BY THE UNITED CITY OF YORKNLLE LINOS, STATE OF IWNOIS) )Ss TNS DAY OF 2005. COUNTY OF KANE) _ THIS IS TO CERTIFY THAT ENGINEERING ENTERPRISES,NG HAS SY, PREPARED THIS GRANT OF EASEMENT AS SHOW BY THE MINDED PAYOR PLAT WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID PROPERTY.FOR THE USES AND PURPOSES DESCRIBED HEREIN. ALL DISTANCES SHOWN ARE IN FEET AND IKCYM S THEREOF. I ATTEST: CITY CLERK GIVEN UNDER MY HAND AND SEAL AT SUGAR GROWL IWNOIS, I �G.SC1% 1 THIS 22nd DAY OF SEPTEMBER 2005. G SC41 /'3581 slam/ 9 ."*"./"* �s eseroNAL l B IIc IAVM.° 1111 A PROFESSIONAL LAND SURVEYOR#3581 EXP-11-30-08 y I NTS I L Engineering Enterprises,Inc. siIli / Wy _' CML ENGINEERS&LAND SURVEYORS / OW<LINO a 52 Wheeler Rood (� �` Sugar Grove, Illinois 60554 Phone: (630) 466-9350 PROD.Y00304 DWG.Y0030411 Mil VDg 3 4tiv c„ra . United City of Yorkville EST 141836 County Seat of Kendall County Arthur F Prochaska, Jr l� "��� 800 Game Farm Road 0 a!ii Yorkville,IL 60560 Mayor `�� Phone: 630-553-4350, ext. 8519 SLE 0" Fax: 630-553-7575 November 4, 2005 TO: City Treasurer Bill Powell Finance Director Traci Pleckham FR: Mayor Art Prochaska RE: Tax Levy Ordinance Schedule CC: City Council, Staff 1. Administration Committee: November 3, 2005 2. Committee of the Whole: November 15, 2005 3. City Council: Announcement for the November 22, 2005 Proposed Tax Levy 4. Publication Notice in Kendall County Record: December 1, 2005 5. Public Hearing and vote at City Council: December 13, 2005 6. Filing at Kendall County Clerk's Office: December 14, 2005* *By State Statute, once the levy ordinance has been adopted, a certified copy must then be filed with the county clerk on or before the last Tuesday in December(December 27, 2005). AFP:ead