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City Council Minutes 2009 03-10-09 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. MARCH 10. 2009 Mayor Burd called the meeting to order at 7:00 p.m. and Brownie Girl Scout Troop 385 performed a flag ceremony and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward H Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gardiner, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Police Lieutenants Schwartzkopf and Hart, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She 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 6:00 p.m., March 17, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., April 6, 2009 City Hall Conference Room Administration Committee 6:30 p.m., March 12, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., March 26, 2009 City Hall Conference Room PRESENTATIONS Proclamation of Girl Scout Week (CC 2009 -20) Mayor Burd read the proclamation for Girl Scout Week, March 8 -14, 2009 (see attached). She presented members of Brownie Troop 385 with certificates. Salvation Army Golden Diners Barbara Liden and Lori Hoots from the Salvation Army Golden Diners reported that the group was doing well financially until 2008 and now they are runnin a deficit. Mrs. Linden explained the importance of seniors having a meal with friends and she asked the City Council for help and/or suggestions to keep the program going. Ms. Hoots, the Assistant Director, explained that the purpose of the program is for seniors to get out of the house and engage with others. She gave a presentation on finances and the challenges facing the group. She explained that they are no longer receiving fimds from the Northeastern Illinois Area Agency on Aging (NEIL). Their funds are currently going to Oswego. She gave a presentation on their funding request (see attached) and explained how the site manager is doing a good job holding the cost of meals at $2.25 /meal. The Minutes of the Regular Meeting of the Citv Council — March 10. 2009 — naee 2 Mayor Burd stated that she had Assistant City Administrator Olson contact Oswego but he hasn't heard back from them. The city of Oswego is currently working on their budget and is giving $50,000.00 to Oswego Township for seniors. Mayor Burd stated that she would like to see the meal program continue so she brought this to the City Council for problem solving. Mayor Burd asked Alderman Spears to ask her contacts at NEIL to reconsider funding the group. Alderman Spears stated she had already discussed this matter with the board however they are currently committed to the Community Nutrition Network in Oswego because of a grant. She suggested that Mr. Olson contact other area townships to see what funds they have allocated to seniors and to ask where the funds are going. Alderman Spears stated that she would check with NEIL and get the facts on the grant and she could bring the information back to the City Council. Ms. Hoots suggested that since Oswego is the congregate for Kendall County, they could take on Yorkville's program_ Alderman Spears added that Yorkville had a Senior Advisory Committee which doesn't exist anymore. She stated that she would like to see it going again. Alderman Werderich asked what meals are served and the cost to those served. Ms. Hoots explained that the suggested donation for meals is $3.75 at the Beecher Center however the total overhead for meals is $6.00 /meal. The gap is filled by donations like the one they received from the United Way. Midday meals are prepared at Beecher and they are 1/3 the recommended 2000 calories for seniors. The program offers a salad bar, soup, sandwiches, hot entrees and dessert. The program is open to any seniors and they are not required to pay. Participants must have a senior card and the names of those served are recorded. The home delivery program serves prepackaged fresh food which is cooked daily. Alderman Spears noted that there is a Golden Diner newsletter and she asked how they cover the cost of it. Ms. Liden explained that donations cover the cost of the newsletter and that NEIL requires they publish the newsletter. * ** Mayor Burd stated that she read that the Meals on Wheels program was having financial problems. Alderman Spears explained that funding for the program is minima Ms. Hoots stated that there has to be a 15% cash match to all funding and Ms. Liden also explained that the group receives few funds from the Salvation Army kettles. Mayor Burd suggested that the Human Resource Commission look into way to help and then the City Council will discuss their findings. PUBLIC FORUM Wind Energy System Ordinance (PC 2009 -01) Mayor Burd asked Director Miller to give an overview of the ordinance. Director Miller explained that in the fall of 2008 he was asked by Mayor Burd to address wind energy systems. He stated that staff researched the matter and found that the codes were silent on the matter so they decided to create the ordinance presented. He explained that the ordinance addresses three systems of wind energy: • Large wind energy /turbine systems — this will be permitted as a special use in agricultural zoning. The City Council can assign conditions to this type of system and they will be reviewed on a case by case basis. He went over the criteria on setbacks. • Small systems — free standing systems permitted as special use in agricultural, estate, B4 and manufacturing zoning. • Roof top systems - these will be permitted through building permits. The floor was opened for public input. 1 Dennis Batdorf commented that the ordinance needs more work and more environmental research done. He commented on the height requirements and how a two-story house could block the system on a one- story building. He informed the City Council about explosions of turbines as seen on YouTube, instances of birds hitting the turbines and the poor quality of some systems. He wanted to know how the city was going to handle the inspections of the windmills and if tax credits were going to be given. He suggested that the ordinance be researched better and re- written. He questioned how this would affect homeowners associations. Mayor Burd noted that if HOA's ban the system the city won't allow them. She also explained that the city will put specifics on the installation of the systems at the time of application. Director Miller added that if systems need to be taller, the matter would come before the Zoning Board of Appeals. Also, the use of large turbines will be submitted by a license engineer to the Plan Commission and City Council for approval. The city will have an outside contractor to the inspections of the systems. Director Miller also indicated that the possibility of turbine explosion was considered when the setbacks were determined. The Minutes of the Regular Meeting of the Citv Council — March 10, 2009 — DaLye 3 Gregg DeKing of Montgomery addressed the City Council and explained he was a member of the Illinois Wind Association and an advocate of alternative energy systems. He explained that a 1000 watt wind generator will reap $.10/hour so a lot of windmills are needed. Some wind generators from China are inferior and noisy. He stated that wind farms are not efficient because they do not run all the time so they would not sustain Yorkville in electricity. He also explained that there are new vertical wind machines which do not kill birds. He felt that colors, types of systems and "do it yourselfers" should be addressed in the ordinance. Mark Burns with RC Wagner Construction stated he constructed wind turbines. He commented that there is no payback with residential systems. He applauded the city for addressing wind energy and noted that there are commercial industrial uses which supplement the businesses electricity. Judy Gilmore, 23 Fox Glen Drive, expressed her concern with large wind energy systems in A -1 Agricultural areas. She commented that there is an A -1 Ag area along Route 71 which would affect county residents if this type of use was allowed. She asked that in the interest of safety would the City Council be willing to change the distance of the windmills from %2 rmile from residential to 1 or 1 1/2 miles. She also asked if the city had collected data on health risks to those living near the windmills. Director Miller stated that staff did not run across any scenarios or research that turbines negatively affect people. Mrs. Gilmore noted that on page 8 of the ordinance under Item C the Plan Commission or City Council may waive the burden of the petitioner. She questioned why the City Council would waive anything. Director Miller stated that the items under Item C are general factors to be considered and not all the items apply to every case. This allows the City Council to tailor each case; modeling and research for each case will be considered. Mayor Burd added that nothing is in place now. The City Council can pick the criteria and apply it to the application. Variances are always possible to any ordinance. Mayor Burd felt that staff came up with high standards to start with. The statement regarding waivers is just stating fact that ordinances can be changed. Director Miller added that Item C lists factors to be considered along with the standards required and that the wording of the ordinance could be changed to reflect this. Mrs. Gilmore asked if the city would consider prohibiting wind energy systems within city limits because this is not the place for them. She asked that the ordinance be tabled, re -written and another public hearing be held. Mayor Burd commented that a public hearing had already held at the Plan Commission and this public forum was publicized. She stated that she personally wouldn't consider another public hearing. George Gilson, 498 Sunflower, commented that he was not against wind energy but was against the ordinance as written. He felt it was vague, non - protective, poorly written and that the city was in an unnecessary rush to approve it. He went through the ordinance and touched on the following points: • Page 5 — General Provisions — Item B - Compliance - how will the city enforce removal of non- complaint systems and who will pay for the removal? He felt that if a system is in violation it should not sit around waiting for removal. Mayor Burd stated that non - compliant systems would be in violation of the city's code and the person responsible would be fined and the matter would go to adjudication. • Page 6 - Item D — Noise - he disagreed with the clause that the noise level could be exceeded during wind events. Item E - Signage — He question what "appropriate signage" was. He felt that this should be spelled out in more detail. Item G — Fencing — what is the definition of "requirement" for fencing. Item H - Design - #I — does the City Council know which breaking system is best? Item H - Design - #2 - the ordinance should be more specific in its definition of bird friendly design. Item H - Design - 43 — he would not like to see electric lines running down the sides of a house. Item H - Design - #5 — unclimbable design should be spelled out. Director Miller commented that this was not more specific because it would limit the ordinance if something better was developed. Item I — Preservation of Landscape — he question the flexibility to ruining views, trees, etc. • Page 7 - Item J - Lot Size — he felt this should be addressed in two separate section; lots versus leased lots. Director Miller stated that the language is to recognize owners locating several towers on their property. Item K — Notification — he questioned the noise made by a generator running if there is a power outage. Public Works Director Dhuse explained what this item referred to: the generator used is a turbine and if power production exceeds the amount needed, it goes back to ComEd and they need to be notified. Item L — Abandon Systems — if the abatement of abandon systems does not occur, who pay for it? Large Wind Energy Systems — Item A — Special Use — he questioned how far wind systems have to be away from neighborhoods. Director Miller explained that they had to be 1 /2 mile from a structure. Item B — Approval — he felt that if there was any adverse affect a system should not be allowed. There should be no waiver to a petition. • Page 9 - 42 — no guidelines are being set and this should be clear and specific. Item E - Fees — ii - he felt the fee should be higher than $300.00 for larger companies. • Page 10 — ii — an annual inspection and certification of the systems is required. If the owner does not pay for this who will be responsible? Item F — Access — if the owners of the wind systems The Minutes of the Regular Meeting of the Citv Council — March 10, 2009 — Daffe 4 ruin the roads who is responsible? Item G — Ground Clearance — he questioned if 25' was adequate. Item H — Distance — he felt that '/2 mile was not a far enough distance from homes and that it should be increased. He did not want to see any risk to residents. • Page I 1 - Item B — Approval — if a wind system will have an adverse effect it should not be allowed. • Page 12 — Item 2 — Annual Administrative Fees and Certifications — he felt that this section was too vague and that inspections should be done by an independent licensed inspector. He again questioned who would pay for the inspection if the owner did not. Item F — #2 — He felt that guy wires 30' feet from a property line was too close. • Page 13 — Item C - 41 — Permitting Fees — He questioned if the $100.00 permit fee for rooftop systems was enough. 42 — Annual Administrative Fees - He questioned what would happen if people did not pay the annual fee of $50.00. • Page 14 — Item D — Access - He felt there should be specifics as to how units are mounted to a structure for safety reasons. Item G — Amount — He felt that the wording left it opened for multiple units on residential property which is not acceptable. In conclusion, Mr. Gilson felt that the ordinance was the product of an egotistical mayor. It should be tabled, re- evaluated and more public input should be received. Marcia Ludwikowski commented that the ordinance affects residents of Kendall County and she asked if anyone had discussed it with the County. She felt that if Kendall County was working on an ordinance the two should be similar. She did not feel that the City Council should vote on the ordinance and questioned if they understood the ordinance and how it affects people. She felt it was being pushed through just like the landfill. Tom Kowalewski, Fox Highlands, commented that the specifications of the ordinance were too small but he felt that the city was on the right track. He felt that the ordinance was good for Yorkville and Kendall County and he suggested that the city look closer at vertical wind generators. Mark Johnson commented that he believed in green products but questioned why the city was spending valuable resources to be the first to have this type of ordinance. He suggested that the City Council wait to see what others propose. He stated that wind systems are costly and the fees in the ordinance seem too light in comparison. He noted that it would take him five years to pay for a system with the money he would save. He felt the ordinance was an attempt to compete with others and it was an ego trip to get dollars into the city. He commented that wind systems do not promote the health and safety of residents. He questioned on who, what and where the ordinance was patterned after because it had too many loopholes. He asked where it was addressed that neighbors need to be notified of an impending installation of a wind system near their home. He discussed economic incentives for wind energy, net metering, renewable energy credits, installation tax credits, etc. He question why the City Council was in a hurry to pass the ordinance and felt that an ordinance should be enacted to ban alternative forms of electricity until more research is done. He asked the City Council to table the ordinance. Tom Gilmore commented that he lives in Kendall County surrounded by the United City of Yorkville and everything the city does affects him. He noted past mistakes the city has made and commented that the annexation corridor is a logical space for wind energy. He stated that he drives past the wind energy area in Pontiac and that it is scaling back its use. He stated that wind systems are incompatible with development and he recommended that the City Council take time and make changes to the ordinance. Todd Milliron commented that Kendall County is studying other counties and what they have enacted. He stated that if there isn't an ordinance and someone wants to install a wind system they can do it. If nothing is done there will be wind systems without regulations. There were no more public comments. PUB LIC HEARINGS None. CITIZEN COMMENTS Todd Milliron distributed information (see attached) and addressed the City Council. He noted that the City Council recently passed the "Whistle Blower" resolution and that he was blowing the whistle on the former city administration whose actions are costing the city today. He went over the information he distributed which included Raymond Outflow documents including emails_ He claimed that paperwork was altered and that has caused the city financial problems. He felt there should be a c rimina l investigation and asked that the Attorney General be brought in to investigate. The Minutes of the Reeular Meeting of the Citv Council — March 10, 2009 — na2e 5 Attorney Gardiner interrupted Mr. Milliron and explained that a motion has been filed in the case regarding the emails; whether they are subject to privilege. The motion is currently before Judge McCann. Centex has a motion to sustain privilege because they feel the emails were released inadvertently. The judge may rule that the documents are privileged. Attorney Gardiner advised the City Council against commenting on Mr. Milliron's presentation as the matter is pending litigation. Mr. Milliron continued going over his handout and discussed litigation against Alderman Plocher which Clerk Milschewski was a party to. He commented that he felt it was orchestrated by former City Attorney John Wyatt and noted that one document had a telephone number hand written on it which belong to Charles Murphy who was an attorney for the landfill. He was against the City Council's denial of the payment of Attorney Dan Kramer's bill for his part in the matter. Alderman Spears asked that Mr. Milliron be removed from the meeting for attacking Clerk Milschewsld. Mayor Burd asked Mr. Milliron to refrain from attacking people but allowed him to continue. Mr. Milliron next discussed an email from Alderman Besco regarding him bringing down the current administration and working to get Alderman Golinski elected mayor. He commented that Alderman Besco was trying to sabotage things with help from Aldermen Golinski and Spears. He questioned who they were working for. Alderman Spears again expressed her concern with Mr. Milliron's attacks. Mayor Burd commented that she had sat and let people verbally attacked earlier in the meeting so Alderman Spears should allow this from Mr. Milliron. Dennis Batdorf addressed the City Council and asked who Mr_ Milliron was working for and questioned what his agenda was. He informed the City Council that Mr. Milliron had come to his house to ask if Alderman Allen could meet with him and other residents of the Raintree subdivision. He stated that Mr. Milliron insulted him in his own home. George Gilson commented that Mr. Milliron was exhibiting political grandstanding. He thanked Mr. Milliron for the history lesson but stated that people have already pointed out the previous administration mistakes. He stated that people know that they made mistakes and that is why they are not here tonight. MAYOR'S REPORT Mayor Burd asked to move up an item from the Mayor's Report. Proclamation of Gifted Students (CC 2009 -21) Mayor Burd read a proclamation for the Educational Needs of Gifted Children (see attached). Mr. Batdorf invited the City Council to join him on his trip to the Illinois State Capital on April 29, 2009. CONSENT AGENDA None. PLAN COMMISSION /ZONING BOARD OF APPEAL Approving a Variance for 604 and 620 W. Veterans Parkway (ZBA 2008 -09) Mayor Burd entertained a motion to approve an ordinance approving a variance for 604 and 620 W. Veterans Parkway and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Plocher. Mayor Burd reported that this item had been tabled from the last City Council meeting and that the Zoning Board of Appeals had a negative recommendation for the variance. Alderman Besco noted that he did not see any information on timers to be used for the lights after business hours. Dr. Burggraf, owner of Pearle Vision, noted that the sign ordinance addresses time and that their front sign is on a timer. Director Miller indicated that diffused/indirect light is allowed and that lit signs are restricted between the hours of 11:00 p.m. and 5:00 a.m. unless the business is open. Alderman Spears questioned if the brightness of the signs was addressed and Director Miller stated that it wasn't. Alderman Munns commented that the Zoning Board of Appeals denied the request due to public input however he hadn't received any himself. He noted that he can see the businesses from his mother's apartment and did not feel the signs would be a problem. He also disagreed with the ZBA that the location of the signs caused a driving safety issue. He felt that economic development is important to the city and the city should try to keep businesses in Yorkville_ The Minutes of the Regular Meeting of the Citv Council — March 10, 2009 — nage 6 Lynn Dubajic, Executive Director of the Yorkville Economic Development Corporation commented that she has been working hard with small businesses in Yorkville. She noted that these businesses create jobs and contribute to both real estate and sales tax revenues. Susan Kritzberg, owner of a neighboring property, explained to the City Council that there have been conversations with another neighboring property owner, Maria Fisher, regarding the relocation of two trees on her property which currently block the existing sign from west bound traffic. Ms. Fisher was unable to attend the meeting but has given her permission to move the trees. Ms. Kritzberg felt that the developer of the property was not cooperating with the tree relocation and that this should be explored before anymore signs are added. Alderman Allen commented that he was disappointed that there wasn't any progress made in regards to the trees and he found it difficult to support the variance. A motion was made by Alderman Spears to table the ordinance for two weeks to allow Maria Fisher time to address the tree relocation; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes -5 Nays -3 Allen -aye, Sutcliff -nay, Munns -nay, Spears -aye, Plocher -aye, Werderich -aye, Golinski -nay, Besco -aye MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated March 3, 2009 totaling the following amounts: checks in the amount of $595,102.68 (vendors); $276,559.49 (payroll period ending 2/28/09); for a total of $871,662.17; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Gohnski -aye, Allen -aye REPORTS MAYOR'S REPORT Appointment Police Pension Fund Board (CC 2009 -19) Mayor Burd entertained a motion to approve the appointment of Fred DuSell to the Police Pension Fund Board. So moved by Alderman Golinski; seconded by Alderman Werderich. Mayor Burd commented that she, along with Chief Martin, interviewed three candidates for the position. They were both impressed with Mr. DuSell's knowledge. Aldermen Golinski, Spears and Allen commented that Mr. DuSell was a good choice for the position. Motion approved by a roll call vote. Ayes -8 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye Ordinance 2009 -11 Approving the Revision of the 2008 -2009 Fiscal; Budget (CC 2009 -22) Mayor Burd entertained a motion to approve an ordinance approving the revision of the 2008 -2009 Fiscal Budget and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Allen. Alderman Golinski commented that there was no way the building permits would hit the amount projected in the revised budget. He also noted that the Council discussed making the budget more realistic and he felt it was still too high. He fiuther noted that he was against the $165,000.00 transfer from Land Cash for salaries as it is an inappropriate use of funds. He questioned the inclusion of $730,000.00 from Kendall County for the Hoover property even though no agreement has been reached and the 9% raise for the Community Relations Officer. He questioned the message the raise was sending to the staff after layoffs have been discussed. The Minutes of the Regular Meeting of the Citv Council — March 10, 2009 — page 7 Motion approved by a roll call vote. Ayes -6 Nays -3 Werderich -aye, Golinski -nay, Besco -nay, Allen -aye Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Burd -aye Ordinance Amending the Municipal Code Imposing a Simplified Municipal Telecommunication Tax (CC 2009 -23) Mayor Burd entertained a motion to approve an ordinance amending the Municipal Code imposing a Simplified Municipal Telecommunications Tax and authorize the Mayor and City Clerk to execute. So moved by Alderman Allen; seconded by Alderman Plocher. Administrator McLaughlin explained that the law authorizes the city to collect up to a 6% tan on cell phones which can help the city's budget by yielding about $100,000.00. The increase will only cost residents an increase of I% on their bill. Alderman Golinski noted that the tax did not just apply to residents but also businesses. He stated he would rather see budget cuts than an increase in taxes. Alderman Munns stated he had trouble supporting the increase. He questioned where the increases would end and asked if this could be held off. Alderman Spears stated she was against an additional tax and she would rather the Council cut non - essential services. Treasurer Powell suggested that the Council cut the expense of the Illinois Municipal League Conference. Alderman Besco noted that resident's garbage rates have increased along with both the city and county taxes. He felt it was a bad time to increase this tax. He agreed with Aldermen Spears, Munns and Golinski that he would rather see budget cuts. Alderman Allen supported the increase in the tax if it would help the budget. He did not feel the increase was frivolous especially when furloughs for staff have been discussed. He stated he was concerned with the fiscal security of the city since development fees have fallen. Alderman Spears asked if the city would also be paying this tax on its cell phones and Administrator McLaughlin stated it would. She noted that the city has about seventy -nine phones. Administrator McLaughlin stated that the staff is trying to cut out some phones. He added that the collection of this additional tax could mean not laying off one or two employees. Alderman Golinski noted that the tax does not only apply to cell phones but also to the internet and land lines. He added that other communities in the area are still only collecting 5 %. Motion failed by a roll call vote_ Ayes -3 Nays -5 Golinski -nay, Besco -nay, Allen -aye, Sutcliff -aye, Munns -nay, Spears -nay, Plocher -nay, Werderich -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika stated that staff was considering a budget workshop on March 24, 2009 at 6:00 p.m. She stated she would email the City Council the information. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that there was some localized flooding over the past weekend but no major concerns. The Minutes of the Regular Meeting of the Citv Council — March 10. 2009 —Wage 8 CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Mayor Burd reported that Director Mogle had resigned and Assistant City Administrator Olson has been appointed the interim director. Mr. Olson reported that a Park Board meeting is scheduled on March 12, 2009 and that they will be revising their budget numbers which will be presented to the City Council at - the next budget workshop. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that the Zoning Commission would be meeting on March 25, 2009 at 7:00 p.m. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that the Green Committee will be hosting a Green Fair on March 21, 2009 from 11:30 a.m. to 5:00 p.m. at the Rec Center. COMMUNITY & LIAISON REPORT Library Board Alderman Allen reported that he attended the Library Board meeting where they discussed a Library District. They are still getting information on the cost of this and there is no timeline yet. Also, they have seen an increase in loan outs. Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting. The Consortium is refunding back fees so the city can budget for half the fee amount. Ward I Meeting Alderman Werderich reported that a Ward I meetings was held where many residents expressed their concern about developer's abandoning subdivisions. Alderman Allen added that Alderman Werderich did an excellent job with the meeting. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Amending the Code of Ordinances Regarding Providing for the Regulation of Wind Energy (EDC 2009 -01) A motion was made by Alderman Golinski t o approve an ordinance amending the Code of Ordinances regarding providing for the regulation of wind energy; seconded by Alderman Allen. Alderman Werderich suggested that the ordinance be tabled back to the Economic Development Committee. A motion was made by Alderman Werderich to table the ordinance indefinitely; seconded by Alderman Besco. Alderman Werderich was asked to clarify how he wanted this matter tabled. Alderman Besco withdrew his second and Alderman Werderich withdrew the motion. A motion was made by Alderman Werderich to table the ordinance back to the Economic Development Committee meeting; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -3 Munns -nay, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -nay, Sutcliff -nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — March 10, 2009 — nage 9 ADDITIONAL BUSINESS Dissention and Fighting Alderman Munns read an article from the Kendall County Record newspaper from 2005 regarding the City Council watching the budget, the dissention and fighting. He noted that four years later the City Council has not progressed past this. Wind Energy Moratorium Alderman Spears stated she would like to discuss at the Economic Development Committee a six month moratorium on wind energy until it is refined_ Use of Server Mayor Burd noted that the Administration Committee agenda has an item addressing the ethics of using the city's internet server for attacks. It is currently in place for employees but she asked that it be extended to apply to elected officials. Special Budget Meeting Alderman Golinski questioned the March 24, 2009 special meeting for the budget. He asked if one hour would be enough time to go over the budget and Director Mika indicated that staff would be presenting a balanced budget at the meeting so there should be enough time. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of for litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Allen -aye, Munns -aye, Plocher -aye, The City Council entered into executive session at 10:30 p.m. The City Council returned to regular session at 11 :52 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting, So moved by Alderman Plocher; seconded by Alderman Allen. Motion unanim ously approved by a viva voce vote. Meeting adjourned at 11:52 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois * * * Revisions I REGULAR CITY COUNCIL, MEETING March 10, 2009 PLEASE PRINT NAME: ADDRESS: ry X I P A Du Se I ( yof, rWLC6 / ry . & '�ite V e- ins o v (Lc X11 C�— �f}(�.(� k2 a ne- ` Yc or IL. G� y � REGULAR CITY COUNCIL MEETING March 10, 2009 PLEASE PRINT NAME: ADDRESS: () ; W m �'� e 99 // /1 �y . 7 D� ►./� � 0 4p / Z K Yi �10 v SIGNM � it �/� ,nr•� � 1 •uuur•..,w un•.. •uunr• � 1 �uuur•. • ymnr• � . •wun• ♦ 1 •nn.q � � �wuu• � 1 •nunr• 1 � �unu•.. p►unr•.. moo• \ \\ �\ - :;,��..; .. a1�T�li . •• a1�I�li / ••a1�2�1i.••. �1�? Ali .••a1�T�li. Ali.- •. �1�T�li.• •. �1�2�1i.• •. �1� 2�1i.•��1�T ?i.••.�Z�2�li. -. ,,.,,:::= 1 nic'1'll II ; ./Q1 � ► Girl Scout Week Ire fl �lll't'•� -`� th ;!%.•1'11 rr I111 Whereas, Thursday, March 12, 2009, marks the 97 anniversary of Girl Scouts�/111, 1► 1►Ir�� 1 I'r/Ijll 1, ► •�;.! of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and ��.... r 11 /�� Whereas, throughout its distinguished history, Girl Scouting has helped build ; ��/ 1 1► ,,I !11�► ►= millions of girls and women of courage, confidence, and character; and , /ice Whereas, through the dedication, time, and talent of volunteers of different '���/ backgrounds, abilities, and areas of expertise, the Girl Scout organization thrives for C`� ►1 ' illl►1 ►1% girls in so many settings; and 111 ;y� / I N ► ►:... :�.;:I' �►'.� Whereas through Girl Scouting ' s unique leadership development program, ; :.4� I 11'1'1•; irls define leadershi b makin the world a better lace b discoverin connectin t!:•'1'lll 1111/ _ g p Y g p Y g� g� �- 111►1.�� and taking action in their communities; and Whereas, Girl Scouting takes an active role in increasing girls awareness of the �I111 ;;01 I 1� ►��;;? opportunities available to them today in math, science, sports, technology, health, and �.�4 0, ' 1.i..• . fields that can expand their horizons; and 11► Whereas, more than 3.7 million Girl Scout members nationwide will be ' ;lill IQ'1� I ��► celebrating 96 years of this American tradition, with nearly 50 million women who ; ;•_••g�II ► ♦ ,WO " 111111 /�� grew up participating in Girl Scouting and exemplify the impact of this amazing ���j �I 11 ►lei + Movement; f "ii i :�• �•�:. ► NOW THEREFORE I Valerie Burd by virtue of the authority vested in me 1 1 ► ►;% b k i U h f Mayor ayor o the United City of Yorkville, do hereby applaud the commitment Girl ;..•111.. I Scouts has made to America's girls and proudly proclaim the week of March 8 -14, 2009 w;l�l► ! as Girl Scouts Make the World a Better Place Week. ,.;�.,� ►,. � III V•� •� , II111/ '- -• I �� =•:• I Dated this 10. day of March 2009 A.D. ;j:•2a'1 44 0 {�jll�l�l'I I Valerie Burd Mayor � llL :r: Vv 0 1IL:, :r: ,.1h :r :,::,.1lt :r:r::,,IIL.::. ,,,,. r. 121 Salvation Army Golden Diners Yorkville Deli -1 ,�.�_� F unding Request V , 260 Seniors had meals at Deli 2,677 meals were served 27% of diners are Yorkville residents, double the number from any other city Diners come from 1 3 other cities/villages jl, 2 0 OPI) Fsca0 01 Income 17 f 586 Fsca� Ql Expenses $i2f413 Fo scaQ Q! MmaorgJin." $5,173 +margn from one-tame KendaH County Treasurer Cteck, & one-time FVUW check CURRENT QUARTF R Income Current QTD [,] $4,209,00 Expenses Current QTD,', $8/7112,35 Margin Current QTL +: $(3903) I i' I I�I � fl I ��� �' �`�, t� � a1 :.'f� � �.�; .�,:; �'� /% � T `1`~`1 �� - - -. �'� I� `�._�, �`� f , Jf�• 4 �I \ /� I �� _ � /���, L I� J� Lj � I I -: °s� i_I I_� � \ -_:� F es._ � .. __ I .:� ` .., _t �� i L'- _, \:. l � l ���_J k \•-f CI � , � �'- L. LJ � �_ � F I EIL: $0 NI • Project Income: $11,154 • United Way Fox Valley: $ 3 • Kendall County Treasurer: $ 6,891 Total Income: $211795 U � i I "T (u,'o * Yorkville Assistance of #" per month, paid monthly * Other community assistance for combined total $3,000 per month * Let Oswego Township take over Yorkville Deli * Plead with NEIL to let Oswego fund its site, and Golden Diners take back the rest of Kendall County * Close Yorkville Deli until funded ...,,.. -- i %/�/� / " -ur• � � � •uunry � 1 •uuur• 1 / •uunr• � � •unnr• � � •uunq � � •uunr• � � •uunr• � � •aura• � � •aum• 1 � •uuur• � � •un ur• � � �.,.,. ��`��,� �•..,., u• •.• •.• u• u• •-• u• u• u• u• •.• •...� z NMI - :c.�•..; ....�112!1� �Z�I�I�. • �1� ?�1�. •"•.�1�2�1�. • •.�1�I�1�. •"•.�1� �1�. • �1�2�1�. • �1� ?�1�. • �112!l�."• �Z�IiI�. �Z� ?�1�. • •".�1�I�1�.....;.. o.!S ►�•�. - �._._. �.• �u._.- �- u. �-. ��... a.• �a...��.a ❖.•1......L•.•.-...�. u•O.•. -...�.�•• -.•. -. a•�••.���..r.�•i ..��.��- •.�.....a�..C• 7; `; � ;_.. ,..._.,.....3......._ U NITED CITY OF YORKVILL �lll�:- E �D111111' �1111�•: � N ► %� PROCLAMATION for EDUCATIONAL NEEDS OF GIFTED CHILDREN Illlllg� %; WHEREAS, the United City of Yorkville supports and encourages the 265 / 1 1 111 1 ►.,:..a children in the Yorkville School District #115 academically gifted program; and :. x./ Avi N IIPI WHEREAS, the United City of Yorkville is proud and honored to have talented 11111111�.�'%� and motivated children in the community to help lead future generations; and �� I' WHEREAS, the United City of Yorkville supports evidence that gifted education 11 ► 1 ; br4 strategies make a meaningful difference; and :L i ,1 1 ►iii ? ;;•' ;:;:g 1111 WHEREAS, the talents of these children be recognized by the State of Illinois 1111/ _ 1 1 ► l��r; I for available funding today, tomorrow and for the future; and ;� 0 / I ll'I ►li•�; WHEREAS, funds from the State of Illinois to gifted programs be utilized to 1 nurture, educate and enrich the lives of gifted children in the United City of Yorkville; iljlllll ' ►� ►• ►�•!, and '`•�j '1 WHEREAS, the United City of Yorkville supports the State of Illinois in its 1. ►._•;: efforts to acquire any additional educational funds for the development and creation of '`• ?!'''r r►.i -. O :..0 ►ir I 111 ►p�� gifted programs for Yorkville School District #115 and for the support of a statewide 1111 /, — ,.a initiative to create awareness of the needs for gifted children; and r� / / l l l l li 1, :•;:, I l�l'1' WHEREAS, the future of the United City of Yorkville, Kendall County, the State 11111,x of Illinois and the nation is dependent on the educational needs of today's children; and _•11.1 „I 111 ► ►.� ;�`Lll � '1 ►�Q:�` WHEREAS, the trip to the Illinois State Capitol on April 29 by concerned:��; parents and residents of Yorkville be declared as a mission dedicated to create rRi awareness of these children and how increased funding is needed to develop proper teaching methods and training, classroom conditions, advanced placement and .,• -..'► , 1 challenges for gifted children; and . "� ►' WHEREAS, the United City of Yorkville full supports Yorkville School District 111111111�� #115 and the parents and teachers of gifted children in their efforts to teach, mold and tN %1 ; 1 build a solid educational foundation for all students. llll NOW, THEREFORE, be it resolved that I, Valerie Burd, Mayor, of the United 1,111111'i' City of Yorkville, and the City Council, support the efforts of Yorkville parents to secure ��111�''I' ► „� -;:• additional funding from the State of Illinois for Yorkville School District #115 Gifted ■= ��':� �Ill'I'i Children's program. k 111 ► �� dJ I401. Signed this 10th day of March, 2009. � "�' I ` r Valerie Bu r y �AJIa or :.•• ► � p, /� �Ceilfj �, `� ?iillj I' �`�:.:i.I /j 1 `�.:i'I'j"�`C�:r:I,j I' �`�i.:.'I /j �' `�•:iI'j' 1 �`��•:i'I,j"`� ?r:i'I'j' 1 / "o.: Fast Times and Questionable Dealings at Yorkville City Hall during the Prochaska Administration. A few weeks ago, this City Council passed an endorsement of the state's Whistleblower Act. Your timing was appropriate because I am here tonight to blow the whistle on what I believe were some unethical and reckless activities by the former administration that has directly led to some of the city's current financial difficulties. MANY OF THE BUDGET PROBLEMS YOU ARE NOW FACING ARE DIRECT RESULTS OF THE ACTIONS OF THE PROCHASKA ADMINISTRATION. Yes Rose, I am about the good old days of three annexation -night public hearings where you received a 500 plus page city council packet, just barely under the required time limit for required notice, then had to digest those 500 plus page packets in short order. Those were the good old days of big developers, let's make a deal at the expense of City Taxpayers, just to grow the Yorkville City Limits. Blind CC votes made because the majority of aldermen on the Old Yorkville City Council were not prepared properly. City Business done in the shadows, meeting in backrooms and not doing City Business by the sunlight of day. These are the same Alderman that are now defendants in a federal RICCO lawsuit. Who is paying for their defense? The residents of Yorkville! I want to talk about some of those former City Council actions that are costing the taxpayers today. A great example is the Fox Moraine Landfill scheme, which so far has tallied over $300,000 in legal expenses. Another example is the Ocean Atlantic annexation agreement, where Ocean Atlantic was supposed to come up with $500,000 according to the annexation agreement they signed. I sat in this very room in Jan. 2007 and watched principals of Ocean Atlantic promise that $500,000 check was in the mail. Only two weeks later, we found out it was a NSF rubber check. Still then, that old CC decided to take the needed $500,000 out of the general fund to continue to finance and build Phase 1 of the Raymond Drainage Outfall. This was all done to accommodate the desire to solicit the Raging Waves Water Park and get it built by Summer 2007. As you will remember this was the O'Keefe Property and it had its own 19 -day annexation on Sept 25 and 26th, 2006, yes this property went to the head of the Annexation hearing line at the very same time as the 4- property Northstar - Boreman- Schanz Landfill annexation chain /corridor scheme in Sept. 2006. This rush to develop became so extreme under the Prochaska Administration that The Executive Branch of Yorkville City Government chose to illegally change a written agreement put in place and passed by Yorkville City Council on Dec. 26, 2006. Please turn to Red # 1, The background info is in the prior 4 pages and this document was gleaned from Yorkville- Government - Meetings- Meeting Minutes, Agendas and Packets website page, which I dug out and had printed today for your review. I Please see Yellow tab #2, the 12 -26 -2006 Yorkville CC Consent Agenda The official city website documentation I am presenting tonight shows that a material change was done without any City Council authorization to the Raymond Outfall Agreement. The 4 -page Raymond Outfall Agreement was passed on 12 -26 -2006 within the consent agenda. This city council passed 4- page Raymond Outfall Agreement document was supposed to be signed by Mayor Prochaska and Executed by City Clerk Milschewski. Please turn to Blue tab #3 Also SEE two Arrows on page 5 This 4 -page Raymond Outfall Agreement became a 5 -page City Document when it was filed on 2 -14 -2007 at the Kendall County Recorder of Deeds office. Please note on page 5, Former Mayor Art Prochaska signed this 5- page Altered Document that was filed with the Kendall Recorder of Deeds on 2 -14 -2007. Why is the number 7 stricken, in the year 2007 and changed and inked in to the hand written number 66 . This original 12 -26 -2006 Raymond Outfall Agreement was not signed and Executed as directed by legislative branch of Yorkville City Government. This could not have been accomplished without City Staff cooperation. Who on your city staff is responsible for the alteration of this binding legal document and the inserting of significant material changes which produced a breech of contract lawsuit against the City of Yorkville? Please turn to Green tab #4 This altered city document has resulted in the LayCom Lawsuit and this lawsuit has cost Yorkville Taxpayers $99,600.00 as of 12 -17 -2008 That LayCom Litigation bill continues to grow monthly. It is a sure bet it is now well over $100,000; this is money that has been taken out of the Yorkville City Budget, which could have been used for something else. This Laycom fiasco is one of the reasons why the current city council has to budget $400,000 in legal fees for fiscal year 2009 -2010. Please turn to Red tab #5 Note the two LayCom -Joe Popp Emails sent to Art Prochaska on 11 -21 -06 and 12 -13 -2006 that were never shared with any Yorkville Aldermen. Mr. Popp tried to communicate with the City, but the executive branch never shared these two emails with the alderman in the legislative branch. This was a very successful attempt to keep the Yorkville legislative body in the dark and then yielded a blind legislative decision to pass the original 4 -page Raymond Outfall Agreement on 12 -26 -2006. . have also uncovered some important recent Court Documents from the LayCom Case that this council needs to see and review. Please see the 31 -page CEXTEX Internal Correspondence that comprises 3 emails that were purchased at the Kendall County Circuit Clerk's office and were certified with the Kendall County Circuit Court Clerk's raised seal. These three emails are labeled Exhibit "C", Exhibit "D" and Exhibit "E" came out during the LayCom request for discovery. This is the first time any of you have had a chance to see these 3 CENTEX email documents. The original certified 31 —page copy is in a safe place and can be produced if you decide a criminal investigation is needed. I believe someone needs to be held accountable for usurping your legislative power and your ability to make informed decisions. I am now requesting that the Illinois AG office be brought in and an investigation be undertaken of this changed document. This is probably the tip of the iceberg, but is a good beginning, just like the Illinois Healthcare Facilities Board investigation was a good beginning to revealing the recent Gov. Blago wrong doing at the State level. What is fundamentally wrong with Illinois Government Structure that we continue to have misdeeds at all levels of Government? Please turn to Yellow tab #6 I would like you to pay close attention to the Jan. 10, 2007 Centex Email that is labeled Exhibit "E" that has the proposed and altered 5 -page Raymond Outfall Redline draft attached and that was ultimately what was filed with the Recorder of Deeds on 2 -14 -2007. Now, I would like for you to pay particular attention to the reference that that Centex's Suzanne Schaefbauer made to Centex's Jim Barry in paragraph's one and two and I will quote from the Jan. 10, 2007 email. Fred and Jim. i 1 have taken the liberty of substantially reworking both the Rw*h ne Agreement end the Raymond Oudail Agreement Jam attaching the revised draft of these dorrxnents both in dean hnd as a comparison to the last draft dmcufated KIM respect to the Raymond Ouf ed Agreement 1 am comtlent that my changes Sarre to clarify the agreement; with xd changing ft substance. I am hopeful that Jim wAl be able to IS~ WNW aty eRmey to uaansider aq or some of flreae changes as a dauificaHon of the document that was pmWousty voted upon by flue city aounc>�. it he is unwxing to do that fhen we should talk about the key changes that we ready need to have. WM respect to the Recapture Agreement...! k vw, Fred, that you were trong not to stray far room the recapture agreement agreed to with the annexation agreement However, if seems do Me that the 12 -28.06 draft already strayed quite a ways, and yet left (in my view) a substantial amount of ambiguity regarding the amount that may be rec!phniK the soureaa of the recap m*d j funds, and how this unusuai recapture process is going to work It seems to me Ghat ambiguity is not in our Anw.on this. As a result, i have substantially overhauled paragraphs 3, q, and 5. Frod, t hope you wx not take offense to this. i know that in makng these changes, we wfli hkefy mceive some resistance. I hope that w9 can overcome that resistance by showing that the resuiHng document more clearly reRects the intent of the parties. It would appear to me that someone at Centex was able to "Sweet Talk" City Attorney, John Wyeth. Again, this was a material change to the document that was passed on the consent agenda on 12 -26 -2006. This Centex redline draft is the nexus of the LayCom Breach of Contract lawsuit and why you have incurred over $100,000 in legal expenses. This CENTEX Altered 5 -page document is something the sitting alderman at that time never saw in Jan. 2007 and never voted on, yet the taxpayers you now represent are paying for this unilateral decision by the Yorkville Executive Branch and the Staff that colluded to get this alter 5 page document filed with the Recorder of Deeds Office on 2 -14 -2007. Please turn to Blue Tab # 7 This Centex Redline Raymond Outfall Document has 138 changes from the one the CC passed on 12 -26 -2006. The Role of the Yorkville City Clerk has yet to be determined and she should be asked some questions about this altered 5-page Ra Raymond Outfall Agreement. Y g The very next page is the paid receipt for the three Email documents, which comprised a total of 31 pages and was purchased on 12- 10 -2008 at 3:05PM from the Kendall County Circuit Clerk's office for l $20.00; this also included the fee to certify these court documents with the Circuit Clerk's raised seal. Please turn to Green Tab #8 I am also enclosing some legal bills submitted by John Wyeth during this same January/February 2007 timeframe. The 2 -12 -2007 billing has a 2 -2- 2007 billing reference to various meetings and Emails and has a direct reference to Raymond Drainage (underlined) and also billing for meeting with Travis Miller that day. Next Page please SEE 1 -29 -2007 billing for billing 1 -25 -2007 for "Research on issues regarding Breach of Contract. Next page please And last, Rose, I don't know how you missed this one, see 1 -19 -2007 billing reference to" Reveiw Ordinance, Agreement and rev "d "bubble" plan, meetings, Ord ina ncas Rose, You have been very concerned about bubbles for the past two years, i . but missed this John Wyeth bill to the city that billed $150.00 for a revised ! "bubble" plan. It is unknown at this time what the "Bubble" plan was and why John Wyeth billed for a "Bubble" plan. It does say in this bill that some agreement was also reviewed. I believe this La Com lawsuit is a direct result f Y o official misconduct, as I also believe that maybe the case regarding the Aspen RICCO Lawsuit. Pause For an (Pause) any Questions The openness and commitment to open government by the Burd Administration along with these many, many FOI's has produced this evidence I have now presented to you tonight, along with a little tenacity and some blind luck one can find the truth. I believe the truth is a hard thing to stop and there is just a three more things I want to bring to this councils attention tonight, for a few of you old regime /old guard alderman this will not be news to you because you have been a party to these recent events, which have been ongoing since the citizens in Yorkville cast their votes on April 17, 2007. (Pause) From the very beginning the needed change that was accomplished at the ballot box on April 17, 2007, has been under assault from the Old Guard that like to do things their own way, whether it is legal or not. Please turn to Red tab #9 I like you to see the Jeff McElroy written response to my ARDC complaint I filed regarding how he got his hands on a Virgin, NOT REDACTED Yorkville Police Report, Yorkville PD Report # 070584 regarding Alderman Plocher. Please note the last paragraph of Page One, that Mr. McElroy received this document from then City Attorney, John Wyeth on or about April 30 2007. Then Mrs. Milschewski, her Husband and Tom Thomas, the Vice President of Old Second Bank of Yorkville decided to sue to keep Alderman Plocher from taking his rightfully elected seat on this City 1 Council. It appears this affair was instigated and orchestrated by then City Attorney, John Wyeth. John Wyeth, who abandoned the City he represented in court on the morning of May 8. 2007. For my proof, review the executive minutes for 8:10PM, May 8, 2007 CC Executive Session and you will see how John Wyeth handled himself in court that day. He had a responsibility to represent the City and chose to do nothing, declaring himself neutral, which was meant to benefit Ms. Milschewski and her cohorts in court that morning of 5 -8 -2007. Why are certain aldermen on this CC denying this legitimate legal bill from the Kramer Law firm for legitimate City Representation? I believe Mr. Kramer had to step in when Mr. Wyeth abdicated his role as city defender. John Wyeth abandoned the City he represented in court on the morning of May 8. 2007 and it appears it truly was preplanned and premeditated and I think had also had a landfill factor. Why does one of the legal Documents filed as Exhibit "D" in the Milschewski v. Plocher lawsuit have a 7 digit number scribbled on it. When you add 630 to this number, it comes up for one Charles J. Murphy. Charles (630) 513- 805 Manley Rd, Saint Charles, IL Murphy 9868 60174 Please see yellow tab # 10 for what I think is a phone number, top right corner. Note the number 513 -9868 Then see succeeding 2 pages for LLC registration for Midwest Compost, LLC. Mr. Murphy is a principal player in the Fox Moraine Landfill Scheme and is also manager of Midwest Compost, LLC, which ships significant amounts of Yard Waste to Mr. Hamman facility on Sleepy Hollow Road. I don't think this sequence of numbers is a coincidence, the odds are very, very remote that this random number, like 9,999,999 to 1, by adding the 630 area code prefix, the area code prefix we are also in, it corresponds with Mr. Murphy Home phone # and Home Address in St. Charles, IL. i Google it for yourself, I did last night and reconfirmed it by directory assistance today. You can find this Exhibit "D" at the circuit clerk's office in the Plocher Ca fl ' Case rile, o look it u us 1' g pJ t like I did. Please turn to Blue tab # 11 This is my new and most recent FOI obtained just last Friday, which I think may shed some light on why this legal bill is being denied and what has just been going on behind the scenes in Yorkville City Politics for the last two years. It appears the leader on this internal aldermanic political assault team is Mr. Besco, the only person that voted in favor of the Fox Moraine Landfill. I like to read this Email to you it is titled "Working Together" and is dated 5 -13 -2008. READ EMAIL. The question I now have is posed is to the citizens of Yorkville, "Are we going to go forward and embrace open and honest government or we going back to the old ways ?" Mr. Besco has decided to do his best to sabotage any positive progress within the City of Yorkville these past two years by innuendo and unfounded allegations. Mr. Golinski and Ms. Spears have helped Mr. Besco in this misguided sabotage effort. This email I just read speaks volumes to what has been going on biweekly each month during Yorkville CC meetings for the last 2 years. l encourage the voters of Yorkville to embrace the future and remove from office all those that have been responsible for thwarting responsible, honest and open government that we the people brought forth two years ago at the ballot box. Mr. Besco, Mr. Golinski and Ms. Spears can not be trusted to do the peoples work any more. I would really like to know whom they ultimately have been working for, maybe they can answer that question for us tonight. I think City Clerk Milschewski needs to also answer a few questions tonight. I truly think an investigation is warranted and is needed to clean up what is left of OLD Yorkville Regime Politics and the Old Yorkville Business as Usual gaming of City Government. Why are the Citizen's of Yorkville being required to continue to pay for these misdeeds of these misguided few that misused their office and tried to thwart the will of the Citizens of Yorkville? i 'I 1 1 i Page 1 of 9 [APPROVED 2/27/061' UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, December 19, 2006 — 7:00 pm In Attendance: y City Art Prochaska - Mayor Travis Miller — Community - Development Director i Rose Spears — Alderman John Crois — Interim City Administrator Dean Wolfer — Alderman David Mogle — Executive Director Parks & Rec. _ Paul James — Alderman Eric Dhuse — Director Public Works f Jason Leslie — Alderman Bart Olson — Assistant City Administrator 1 Jim Bock — Alderman Bill Powell - Treasurer j Valerie Butd — Alderman John Wyeth — City Attorney i Joe Wywrot — City Engineer Others in Attendance . Kathy Farren — Kendall County Record Lynn Dubajic — Director Economic Development Todd Milliron Mike Schoppe Court Reporter (Many others who did not sign guest list) 1 Mayor Art Prochaska called the meeting to order at 7pm. He entertained a motion to enter into Public Hearing. Alderman Bock and Spears, respectively, moved and seconded to enter into Public Hearing. Carried unanimously on a roll call vote; Leslie -- aye Wolfer — aye James — aye Burd — aye Spears — aye Bock - aye PUBLIC HEARING: I Edward Health Ventures filed an application for rezoning at Route 71 and Route 126. (Refer to I Court Reporter's report.) Lance Devries,1701 Candleberry Lane, Yorkville gave comment during this Public Hearing and presented photos he had taken. These photos are to become part of the official minutes of this meeting. At the conclusion of the Hearing, Mayor Prochaska asked for a motion to close Public Hearing. Alderman Bock moved and Alderman Wolfer seconded to close the Hearing. Motion carried unanimously on a roll call vote: Bock — aye Spears — aye Burd — aye James — aye Wolfer — aye Leslie — aye Attorney Dan Kramer asked that this item be placed on a Council Meeting agenda in January for a i final vote. The Public Hearing ended at 7:30pm. i i United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630 - 553 -4350 Fax: 630 -553 -7575 NlnddQnny I AGENDA } ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE _ COMMITTEE OF THE WHOLE Tuesday, December 19, 2006 j 7:00 p.m. i City Conference Room - i i Public Hearing: 1. PC 2006 -84 and 2006 -85 Edward Health Ventures, an Illinois Not - For -Profit Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville R -2, R -4, B -1 and M -1 to United City of Yorkville PUD zoning to allow uses permitted in the B -3 Service Business District, and R -2 One Family Residence District and for hearing as to the Concept PUD } plan of Petitioner. The, real property consists of approximately 100 acres at the west J corner of the intersection of Route 71 and Route 126, Yorkville, Kendall County, Illinois. Economic Develonment Committee: 1 1. Discuss Committee Liaisons 2. EDC 2006 -33 Building Permit Reports for November 2006 3. PC 2006 -76 Milazzo — Annexation and Rezoning 4. PC 2006 -65 Beaver Street/Route 47 — Rezoning 5. PC 2006 -82 Grande Reserve Unit 25 — Preliminary Plat 6. PC 2006 -83 Grande Reserve Unit 26 — Preliminary Plat 7. PC 2006 -87 Grande Reserve Unit 27 — Preliminary Plat i 8. PC 2006 -81 Hudson Lakes Unit 1— Final Plat I 9. EDC 2006 -34 Fee Waiver Request — Horve 10. EDC 2006 -35 Sunflower Estates SSA Request 11. PC 2006 -94 Blackberry Woods Annexation - .076 Correction I 12. EDC 2006 -36 Centex Raymond Regional Outfall Funding Agreement I I I 1 1 } } Page 5 of 9 1 services provided. Alderman Wolfer voiced his approval and said this is what economic incentives are for. Alderman Bock echoed that opinion and said it is not another strip mall. � I The connection fees will be reduced to $46,750 on a motion and placed on the consent agenda. The Council will also look at amending the ordinance at a future date. r. (item #10 discussed earlier in agenda) } 11. PC 2006 -94 Blackberry Woods Annexation -.076 Correction t Surveyors had prepared a plat of Blackberry Woods and an error occurred resulting in .076 acres of land not being included in the annexation. This property is next to the PNA. The error was detected by the Engineering staff and an ordinance will correct this and bring the parcel into the City limits. This will move to the consent agenda. i � } 12. EDC 2006 -36 Centex Raymond Regional Outfall Funding Agreement The City entered into an agreement regarding construction of the Raymond Regional Stormwater Facility outfall located near Galena Rd. and Rt. 47. This project is estimated to cost about $1.2 million and a funding shortfall of $325,000 was needed to complete the project. Centex agreed to r make up this shortfall and is asking for certain considerations. They are being asked to dedicate the basin to the City and all but approximately a quarter of the property has been dedicated. In exchange for the funding, it was recommended that Centex be allowed to delay dedicating the remaining portion. Engineers said this delay would not have a negative impact on the project. Alderman Spears asked if delays had been granted to any other partners of this agreement. Mr. Miller noted that the affected area is the basin, not the outfall and said these were two separate 1 components. Mr. Crois summarized as follows: for the system to work, pipe needs to be put in. Since other partners (Ratos, Ocean Atlantic and Caledonia) have already contributed, Centex was asked for the additional funding. The money will be used for the pipe and the land purchase will 1 be delayed until 2008. Mayor Prochaska asked if there is a guarantee that the City will obtain the rest of the land. The current landowner is concerned the remaining piece of land will not be purchased. Mr. Miller said the obligation of that land remains i n the annexation agreement. t Fred Feinstein, Attorney for Centex Homes further clarified the situation. He said the $325,000 is t an additional donation. He made no assurances regarding the rest of the property, but Lacom (property owner) is a participant in the annexation agreement. Attorney Wyeth agreed this is in the annexation agreement and zoned properly. t Mr. Feinstein added that his client will enter into an agreement with the school district and that there are also some recapture issues to address. An amendment will be brought at a later date. t This moves to consent agenda. t 1 i 1 1 1 �p C/r�, Reviewed By: a R+ Legal ❑ City Council 1 EST 1635 Finance ❑ t -- Engineer ❑ A enda Item Tracking City Administrator ❑ g g Number •�� ` 2006 -36 ?8 Consultant ❑ Human Resources ❑ 1 1 City Council Agenda Item.Summary Memo Title: Centex Outfall Funding Agreement City Council / COW / Committee Agenda Date: December 19, 2006 1 Synopsis: See attached staff report and draft agreement — i I 1 Council Action Previously Taken: 1 Date of Action: Action Taken: ) Item Numb_ er: 1 , 1 Type of Vote Required: 1 Council Action Requested: 1 j 1 Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: 1 1 1 1 1 i i 1 i I 1 o� United City of Yorkville Memo u 800 Game Farm Road I EST. , 1836 'Yorkville, Illinois 60560 Telephone: 630 -553 -8545 Fax: 630 - 553 -3436 i i Date: December 13, 2006 To: EDC /COW From: Travis Miller, Community Development Director 1 CC:` Lisa Pickering, Deputy Clerk Subject: Raymond Regional Storm Water Outfall Funding Agreement 1 I Background: As yoq are aware, the City has entered into agreement with James Ratos, Ocean Atlantic i and Wyndham Deerpoint to assist with funding and construction of the Raymond . Regional Stormwater Facility outfall. The City has received bid from, and will enter into contract with, Wheaton Trenching to perform the outfall construction work totaling I $1,188,114.25. In addition to the construction cost for the outfall, construction engineering services are estimated at $35,000 for the project totaling $1,223,114.25. The funding contributions by Mr. Ratos and Ocean Atlantic total $900,000, Wyndham I Deerpoint has completed a segment of the facility and the remaining amount necessary to 1 complete the project is estimated at $323,114.25. Centex has agreed to fund up to $325,000 in order to complete this project. Of course 1 this contribution will be recoverable to Centex as provided for in their Annexation Agreement. Centex is responsible to provide the City all of the land necessary to 1 construct the Raymond Regional Stormwater Facility under the terms of the Annexation Agreement and make this land contribution at the request of the City. The City has requested this land and Centex has provided the City the necessary easements to begin 1 constructing the facility for a portion of the area needed and have requested an extension 1 for the remaining (eastern) portions (Popp parcels). 1 City staff and EEI have reviewed the phasing necessary to complete the stormwater 1 facility and recommend the acquisition of the eastern portion of this area can be delated to the spring of 2008 without a negative impact on the project nor the projects projected to benefit from it in this time period. 1 The attached funding agreement addresses the City's interests by obligating Centex to fund a portion of the Outfall facility necessary to begin operation of the stormwater basin 1 facility and allows Centex a delay in acquiring the eastern portion of the property. I 1 1 f 1 J 1 1 STATE OF ILLINOIS ) DRAFT September 26, 2006 REVISED December 13, 2006 COUNTY OF KENDALL ) 2 " Revision December 13, 2006 I 1 I RAYMOND STORMWATER MANAGEMENT AND STORM SEWER j OUTFALL IMPROVEMENT AGREEMENT 1 - I NOW COMES the United City of Yorkville, hereinafter referred to "CITY" and Centex Homes hereinafter referred to as "CENTEX ", who in consideration of entering I into this RAYMOND STORMWATER MANAGEMENT AND STORM SEWER 1 OUTFALL IMPROVEMENT AGREEMENT ("Agreement") dated , 2006 } agree to the following terms and conditions: } WITNESSETH WHEREAS, CITY is desirous of having constructed, on land that it owns or will } _ acquire, the Raymond Regional Stormwater Management Facility (hereinafter "FACILITY') to serve the United City of Yorkville, various property owners, and an } adjoining service area on a regionalized basis; and l WHEREAS, CITY has agreed to acquire certain real property described in the I attached Exhibit "A" and any necessary easements appurtenant thereto for purposes of 1 the construction of said Facility; and WHEREAS, CITY will also construct the `Raymond Outfall' (hereinafter "OUTFALL ") from the FACILITY to the OUTFALL' S terminus as depicted on Exhibit "B "• and I I - i 1 1 i 1 WHEREAS, it is estimated that the cost of said OUTFALL and related appurtenances will be in excess of one million two - hundred thousand dollars and the I CITY does not have financing in place to construct the same; and 1 WHEREAS, CENTEX owns real property which will benefit from the I construction of the OUTFALL; and I . WHEREAS the CITY has requested CENTEX pay $325,000 for the construction } and installation of the OUTFALL. I WHEREAS the CITY approved Ordinance 2005 -36 Annexing Property and l : Approved an Annexation Agreement with CENTEX as `DEVELOPER" which, among I other provisions, requires the DEVELOPER to contribute certain lands to the CITY at the 1 time DEVELOPER becomes the owner of that land and to provide an easement for } construction and operation of the FACILITY prior to the time the DEVELOPER 1 becomes the owner at the CITY's request as described in the Annexation Agreement } attached as Exhibit "A ". WHEREAS the CITY has requested CENTEX provide easements as described in 1 attached Exhibit "B ". 1 WHEREAS CENTEX has provided easements to a portion of the land requested by the CITY, which are the easements necessary to complete Phase One of the FACILITY and CENTEX has offered to make the contribution to the construction of the FACILITY and Outfall requested by the CITY in lieu of providing the easement as I 1 described in attached Exhibit "C." NOW THEREFORE, in consideration of the mutual covenants, recitals and the mutual and reciprocal obligations hereinafter set forth the parties agree as follows: J 2 1 1 i 1 I i i i 1. The recitals herein contained are adopted herein and made an enforceable part of 'r this Agreement. 1 j 2. That CENTEX shall deposit $325,000 ( "OUTFALL FUNDS ") in an escrow account to be established by the OWNERS/DEVELOPERS within Thirty (30) 4 days of the demand by the CITY which OUTFALL FUNDS shall be used solely i for the costs of engineering, constructing, and installing the OUTFALL pursuant i to the OUTFALL CONSTRUCTION DESIGNS. Any amounts remaining after i design, construction and installation of the OUTFALL by the CITY shall be 1 . returned to CENTEX. 3. CITY agrees to enter into written agreements for recapture of CENTEX's 1 i contribution of OUTFALL FUNDS from any property owner purchasing use of i the FACILITY, or connecting to the OUTFALL, with the exception of the Suen I Property, pursuant to a written recapture agreement acceptable to the CITY and CENTEX and approved by the City Council. 4. The CITY agrees to consider as satisfied, the requirement of the Centex i i Annexation Agreement (Ordinance #2005 -36) for CENTEX to provide an easement on the parcel descn`bed in Exhibit C. Nothing contained herein shall be construed to modify the obligations of the DEVELOPER to convey title to the I y land designated for the FACILTY to the CITY pursuant to the terms of the Centex Annexation Agreement (Ordinance #2005 -36) at the time that DEVELOPER i becomes the owner of that land. I 5. CENTEX agrees to construct, at CENTEX's sole cost, a temporary storm water I conveyance route between the existing storm water culvert crossing at Galena 1 I 1 3 I i I. } i i � I } ► Road to the western portion of the Regional Detention Basin identified as `Phase I' on the attached Exhibit "D ", across the land for which Easements have been i } provided to the CITY by CENTEX and executed by current owners of the property, pursuant to the plans provided to and approved by the CITY. 6. INTEGRATION: This Agreement shall not be claimed enforceable by or to any party thereto unless completed in writing and executed by representatives of each party hereto. 1 7. Severability Clause: ! In the event any portion of this Agreement is deemed to be unenforceable by any ! court of competent jurisdiction, the remaining portions thereof shall be ► enforceable between the parties hereto. ► 8., This Agreement shall be binding upon the successor, heirs and assigns of each party hereto. ► IN WITNESS WHEREOF the parties have executed this Agreement this day of , 2006. I ! UNITED CITY OF YORKVILLE CENTER HOMES By: By: Mayor ATTEST: ATTEST: . I ! City Clerk ► I I -} I I i I 4 1 i �I �MQlKPmpY001061d'■OiY001050.1A.p i7Lfd/), 1211R00611�0:09 AN, 6pM�en YY 33 !! 1 I Y rrE�; F E Z i - o 0 I r I 1 I, I � I V i i DICKSON ROAD I i I a A �q - i � � n i •1 t . f ,1 ¢,¢r - 7 I - 1 , \\ t I z to WIII I , 1 1 1 ✓ \ � ���I •�`," t. �S�•�....% / / /SiI +���� , 1 r 1 1 \ y 1 1 1 i , \ \� � � ^_ �_ i Iliiii %i ° �.:,♦ � { r + ��\ +� : r '�I , \ 1 �� ``, `,/ -� ^ i' r ,`\ 1j1111 ! / ij�.` -,\ \\ \ I lrl ` \ \,l + ♦ 1 4 + � 1 "1 .r``\ + + 1 1 1 1 11jj1 C � `- '. \ ♦,,� 4� „ /,/ tl \ , - r / a \ 1 •` , , ,, ` +, _ iiil ��� j ''' ' \' ♦ y i � ; � /;.�' +``� i i iii' I it I f / gg 1 • I lwkft W"VACl WD[,Clft11YPZd13L10U 30NYA3N100 �FKLD /OONCHOOAI�WLLMDOAVD+OIM55k1 1 I I I i MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL ON OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 1 800 GAME FARM ROAD ON TUESDAY. DECEMBER 26.2006. 6 Mayor Prochaska called the meeting to order at 7:00 P M and led the Council in the Pledge of I Allegiance. ROLL CALL Clerk Milschewski called the roll. } Ward I James Present Leslie Absent Ward 11 Burd Absent Wolfer Present Ward III Bock Present 1 Munns Present Ward IV Besco Present 1 Spears Present I Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Hart, Community �1 Development Director Miller and Public Relations Manager Spies. ' UQ DRUM A quorum was established. 1 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 TIME AGENDA Alderman Spears asked that Item it] 0 — King Street Raw and Finished Watermains Change Order I be removed from the Consent Agenda and placed under the Public Works Committee Report for further discussion. COMMITTEE MEETING DATES Public Works Committee Committee ofthe Whole } 7:00 P.M., Tuesday, January 16, 2007 City of Yorkville Conference Room I Economic Development Committee Committee of the Whole j 7:00 P.M., Tuesday, January 16, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, January 2, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole r 7:00 P.M., Tuesday, January 2, 2007 City of Yorkville Conference Room PRESENTATIONS None. • I ! PUBLIC HEARINGS 47 Cornelis, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2006 -62, 47 Cornelis, LLC, petitioner, who has tiled an application with the United City of I Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A4 Agricultural District to United City of Yorkville B -3 Service Business District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 5 acres located at 2113 Route 47, Yorkville, Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman Besco. Motion approved by a roll call vote.. Ayes -6 Nays -0 I Bock -aye, Spears -aye, Munns -aye, James -aye, Wolfer -aye, Besco -aye 1 I I I I ', } } I The Minutes of the ReEular Mcetinv of the City Council -December 26.2006 - nave 4 1 agreement formed and now the City Council is doing something opposite to the first agreement. 1 He commented that he felt that the City Council did everything they were supposed to do in regards to die process of the annexation He noted that an agreement is between two parties and Northstar Trust Co. is the party who made the mistake. He reminded the City Council that if a lawsuit is threatened, die City Council is sitting in the "cat -bird scat ". i Chuck Roberts, 305 E Main, stated that he was present at the last meeting and there were issues 1 brought up that surprised a few aldermen. He staled that if there have been items hidden in the agreement or misunderstood, what is the guarantee that the agreement will be adhered to in the } future He expressed his lack of confidence in either party in regards to a landfill. He asked if this is the party that the City wants to do business with. 1 Joanne Gilbert readdressed the City Council and asked who residents should call about problems with the composting operation. Attorney Wyeth anted that the residents should still contact the City's Building Department. 1 George Gilson readdressed die Council and commented that the Friends of. Greater Yorkville } (FOGY) have contacted the Attorney General's Office, Lisa Madigan. He stated that she is watching the process closely. He stated dint without proper notice there is no annexation } agreement and with out the agreement, the whole process has to begin over again. He reiterated what Mr. Werderich staled, the City Council has fulfilled their end of the contract; Northstar did 1 not give proper notice. He asked the Council not to be intimidated by them. CONSENT AGENDA } I . Building Permit Reports for November 2006 (EDC 2006.33) 1 2. Resolution 2006 -116 - Approving die Preliminary Plat of Subdivision for Grande Reserve Unit 25 - authorize Mayor and City Clerk to execute (PC 2006 -82) 3. Resolution 2006 -117 - Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 26 - authorize Mayor and Ciry Clerk to execute (PC 2006 -83) } 4. Resolution 2006 -118 - Approving die Preliminary Plat of Subdivision for Grande Reserve Unit 27 - authorize Mayor and City Clerk to execute (PC 2006 -87) } 5. Resolution 2006 -119 - Approving the Final Plat of Subdivision for Hudson Lakes Unit 1 - autrorize h ?ayor and City Clerk to execute, subject to inclusion of the school site within the Final Plat, conveyance of tire school site Inmrediately after recording the Final Plat, that the number of units in the final plat shall be consistent with ire number of 11111!3 } allowed by the Annexation Agreement, and stafJand legal review conditioned on adjuninenls consistent with the review (PC 2006 -81) } 6. Steve Horve Builders, Inc. Request for Reduced Sewer Connection Fee for SIT Yorkville approve aseiver connection fee in an arnount of 546,7.50.00 (EDC 2006 -34) 7. Blackberry Woods Annexation - .076 Correction (PC 2006 -94) a. Ordinance 2006 -150 - Annexing - authorize Mayor and City Clerk to execute 8. Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement authorize Mayor and C>�i '' Clerk to execute (EDC 2006 -36) } 9. Stale Street Finished Wateenain - Change Gdei• #2 - authorize decrease in air amount not to exceed $3304 00 and authorize Mayor to execute (PW 2006 -209) 10 Grande Reserve Units 2 & 5 - Letter of Credit Reduction #1 - authorize decrease in an amount not to exceed $6764.76, subject to verification that developer has no outstanding debt oived to city (PW 2006 -212) 11. Grande Reserve Unit 12 -Letter of Credit Reduction #I - authorize decrease in an amount not to exceed $263,65 7 9 7, subject to ver fcation that developer has no outstanding debt owed to city (PW 2006-213) 12. Grande Reserve Unit 13 - Letter of Credit Reduction lit - authorize decrease in art amount not to exceed 5503,528.79, .subject to verification that developer has no outstanding debt owed to city (PW 2006 -214) 13. Grande Reserve Unit 14 - Letter of Credit Reduction 41 - authorize decrease in all aootau } not to exceed $341,862.03, subject to ver(cation that developer has no outstanding debt owed to city (PW 2006 -215) 14. Grande Reserve Unit 15 - Letter of Credit Reduction # 1 - authorize decrease in air arnount not to exceed S770,656 43, subject to verification that developer has no outstanding debt awed 10 ciq (PW 2006 -216) 15- Grande Reserve Unit 20 - Letter of'Credit Reduction 111 - authorize decrease it: air arnount not to exceed 5914, 770.31, subject to verification that developer has no outstanding debt oived to city (PW 2006 -217) i 16 McVickers Development -Letter of Credit Reduction #I - authorize decrease In air arnount not to exceed $181046.30, subject to verication that developer has no i outstanding debt owed to city (PW 2006 -218) The Minutes of the Revular Meeting ofthe Citv Council- December 26. 2006 - nage 5 ) i i I I col United City of Yorkville o I , � County Seat of Kendall County 800 Game Farm Road i esx I mo - 18 Yorkville, Illinois, 60560 Telephone: 630 - 553 -4350 Fax: 630- 553 -7575 Website: www.yorkville.il.us } 1 November 20, 2008 Mr. Todd Milliron I ► 61 Cotswold Drive } Yorkville, IL 60560 Dear Mr. Milliron, i In response to your FOIA request dated November 18, 2008 (attached), please find enclosed a copy of the requested record "signed and dated copy of Raymond Stormwater Management and I Storm Sewer Outfall Improvement Agreement passed on CC 12- 26.2006 and signed by former Mayor Prochaska and City Clerk Milschewski... ". No such additional records exist in response to the final statement in your request "...Also } would like to know what date it was put on file in Yorkville City Clerk Office ". i You may also feel free to call the undersigned with any questions that you may have regarding your FOIA request. i I Sin ours, I Bart Olson, 1 Assistant City Administrator 1 I I 1 1 1 I 1 1 I 1 � I I United City of Yorkville Please return to: 800 Game Farm Road J aEi J e gE 71%, 236 Yorkville, Illinois 60560 r ,.i y .. Telephone: 630 - 553 -4350 o �� ~ `� Fax: 630 -553 -7575 NOV 1 82008 ALE ��'� UNITED CITY OF YORKVILLE UNITED CITY OF YORKVILLE CLERKS OFFICE REQUEST FOR RECORDS UNDER THE FREEDOM OF INFORMATION ACT (Please Print) NAME OF PERSON / ORGANIZATION I i I 1 I (I 2 0 ADDRESS _jo ( C a sw o CITY J(. STATE ZC. ZIP 6 o5 4o O I PHONE O ^-� 6.� �I d EMAIL i Under the Freedom of Information Act of the State of Illinois, I hereb a copy of the following record(s). o/d CI S!b (t'M W *qV� ► P Fri r 0 Tr. F �I ,�L1h� Ro VIM T # AA Ems" d'ncc v � � Tb � d v� W �A c�rJ kE kN r o e 1-r WAS P I (In order to expedite e search for records, please describe as accurately d specifically as possible the records you are requesting.) 54 � o Y46, OP CPry QAAkX 6 F Ft CL- The City of Yorkville will respond to this request within seven O working days after the receipt of request. 1 The first 20 pages of copies for this request are free. A $18 per page copying charge is applied after the 20` page. Tapes are $1.29 each; CBs are $0.30 each. CxT Signature of person making this request Date of Request - -_-- ---For Office Use Only ------- ---- -- - ---- -- flfl Request Received by: L Date of Denial: ! Date Request Received: (�—A� �U� Denial Sent by: Due Date: Denial Appeal I Z _ O 'K Received: Extended Due Date: Appeal Response Date: (if applicable) Date of Compliance: Appeal Decision Completed: A RESPONSE TO Clerk's Office Building & Safety Community Development THIS REQUEST Engineering Finance Human Resources MUST BE MADE BY: Legal Police Public Works Department Response Information N rmation Information Available For (Please check one) < Attached ailah I Review at City Offices i 1 I Department Response: (Sign Here �� and Return to Clerk's Office) i 200700005255 STATE OF ILLINOIS Filed for Record in e KENDALL COUNTY? ILLINOIS t. ANDERSON COUNTY OF KENDALL 112-14 -2007 At 12:32 p fry . AGREEMENT 65,00 I RHSP Scrcharse 10.00 i I RAYMOND STORMWATER MANAGEMENT AND STORM SEWER i OUTFALL IMPROVEMENT AGREEMENT i NOW COMES the United City of Yorkville, hereinafter referred to as "CITY" 1 and Centex Homes, hereinafter referred to as "CENTEX ", who in consideration of 1 entering into this RAYMOND STORMWATER MANAGEMENT AND STORM I SEWER OUTFALL IMPROVEMENT AGREEMENT ( "AGREEMENT ") dated 2006 agree to the following terms and conditions: WITNESSETH I WHEREAS, the CITY is desirous of having constructed, on land that it owns or will acquire, the Raymond Regional Stormwater Management Facility (hereinafter } "FACILITY ") to serve the CITY, various property owners, and an adjoining service area i i on a regionalized basis; and I WHEREAS, to facilitate construction of the FACILITY, CITY intends to acquire I I rights to certain real property described in the attached Exhibit "A" (hereinafter "PROPERTY "); and 1 WHEREAS, the CITY will also construct the `Raymond Outfall' (hereinafter "OUTFALL ") from the FACILITY to the OUTFALL'S terminus, all as depicted on I I Exhibit "B "; and 1 WHEREAS, it is estimated that the cost of said OUTFALL and related 1 appurtenances will be in excess of $1,200,000, but the CITY does not have financing in I place to construct the same; and 1 I I 1 } WHEREAS, CENTEX owns real property located north of Galena Road (which is 1 north of the Property) (hereinafter "CENTEX -OWNED PROPERTY "), which will benefit from the construction of the OUTFALL; and 1 WHEREAS, the CITY has requested CENTEX pay $325,000 for the construction 1 'I and installation of the OUTFALL; and } WHEREAS, the CITY approved Ordinance 2005 -36 Annexing Property and 1 ' Approving an Annexation Pp g Agreement, pursuant to which it entered into an Annexation Agreement dated April 26, 2005, filed for record in the office of the Kendall County Recorder on December 1, 2005, as document # 200500037333 (hereinafter, "ANNEXATION AGREEMENT "), with CENTEX as "DEVELOPER" and other parties 1 i as "OWNERS" (the ANNEXATION AGREEMENT is included in this AGREEMENT } by this reference as if attached hereto); and 1 WHEREAS, the ANNEXATION AGREEMENT requires, among other provisions, that the DEVELOPER contribute the PROPERTY to the CITY at the time i } DEVELOPER becomes the owner of the PROPERTY and, at the CITY'S request, to provide an easement for construction and operation of the FACILITY prior to the time the DEVELOPER becomes the owner of the Property, all as described in the ANNEXATION AGREEMENT; and 1 WHEREAS, the CITY has requested and CENTEX has obtained and delivered to i the CITY an easement over the portion of the Property described in attached Exhibit "C" (hereinafter, "MESIROW EASEMENT "), which is the portion of the Property necessary to complete "Phase One" of the FACILITY ( "Phase One" is depicted on Exhibit "B "); and j 1 I ' i 2 1 I 1 1 1' 1 WHEREAS, CENTEX has offered to make the contribution to the construction of 1 the FACILITY and OUTFALL requested by the CITY in lieu of providing to the CITY } 1 an easement over the portion of the Property described in attached Exhibit "D." 1 NOW THEREFORE, in consideration of the mutual covenants, recitals and the 1 1 mutual and reciprocal obligations hereinafter set forth the parties agree as follows: } j I . The recitals herein contained are adopted herein and made an enforceable part of f this AGREEMENT. 2. Within 30 days of demand by the CITY, CENTEX shall deposit $325,000 ) ("OUTFALL FUNDS in a � ) n escrow account to be established by the CITY. The � i OUTFALL FUNDS shall be used solely for the costs of engineering, 1 constructing, and installing the OUTFALL pursuant to the OUTFALL 1 CONSTRUCTION DESIGNS. Any amounts remaining after design, construction and installation of the OUTFALL by the CITY shall be returned to CENTEX. i 1 3. CITY agrees to enter into written agreements for recapture of CENTEX's i contribution of OUTFALL FUNDS from any property owner purchasing use of (or otherwise using) the FACILITY or connecting to the OUTFALL, with the ) exception of the "Suen Property," which is the property identified with PIN #0217226010 by the Kendall County Assessor's office. The recapture agreement must be in form and substance acceptable to the CITY and CENTEX and approved by the City Council. 1 4. The CITY agrees to consider as satisfied the requirements of Paragraph 10 of the ► ANNEXATION AGREEMENT, which called for CENTEX to provide easements ► over the parcels described in Exhibits "C" and "D ". However, nothing contained ► herein shall be construed to modify the obligations of the DEVELOPER to ► I ► 3 ► ► ► i I convey title to the land designated for the FACILTY to the CITY pursuant to the 1 1 terms of the ANNEXATION AGREEMENT if DEVELOPER becomes the owner i of that land. i I 5. CENTEX agrees to construct, at CENTEX's sole cost, a temporary storm water conveyance route between the existing storm water culvert crossing at Galena 1 1 Road to the western portion of the Regional Detention Basin identified as "Phase 1 One ", such route to be in the approximate location shown Exhibit `B ". The CITY hereby grants to CENTEX the right to construct the temporary storm water conveyance route within the area covered by the MESIROW EASEMENT, 1 i pursuant to the plans provided to and approved by the CITY. i 6. INTEGRATION: This AGREEMENT shall not be claimed enforceable by or to i i any party thereto unless completed in writing and executed by representatives of i each party hereto. I 7. Severability Clause: In the event any portion of this AGREEMENT is deemed to I be unenforceable by any court of competent jurisdiction, the remaining portions I thereof shall be enforceable between the parties hereto. i 8. This AGREEMENT shall be binding upon the successor, heirs and assigns of I each party hereto. I 1 I I II I i i 4 i I I � I IN WITNESS WHEREOF the parties have executed this AGREEMENT this 1 0 6 day of bEZIF*BQ, 20( } UNITED CITY OF YORKVILLE CENTEX HOMES, a Nevada general partnership } By: Centex Real Estate Corporation, } vada corporation, is m nagin ral ner I B By. Mayor Da iel L. Star Illinois Division President } } ATTEST: - A�'T } City Clerk I E I I ! �I } t I 1 I 1 I I 1 l i I 1 i I I l United City of Yorkville I J� do County Seat of Kendall County 800 Game Farm Road . 1 EM._ 1996 Yorkville, Illinois, 60560 Telephone: 630- 553 -4350 w . Q Fax: 630- 553 -7575 Website: www.yorkvllle.ii.us I ! December 18, 2008 Mr. Todd Milliron I 61 Cotswold Drive ! Yorkville, IL 60560 ! Dear Mr. Milliron, I In response to your FOIA request dated December 17, 2008 (attached), please find enclosed a copy of the requested records "Please provide total cost to date to litigate LayCom vs. Centex and I United City of Yorkville lawsuit". I I You may also feel free to call the undersigned with any questions that you may have regarding your FOIA request. 1 I Sincerely yours, I Bart Olson Assistant City Administrator I I ! I I 1 ! I I I I I I I I I Bart Olson i From: Amy Simmons ...._ ...... _ .. ............ -.... _ Sent: Wednesday, December 17, 2008 2:18 PM 1 To: Bart Olson Cc: Susan Mika Subject: LAYCOM - FOYA REQUEST I Bart, 1 The dollar amount that I come to is $99,609.85, which includes all legal as well as an BEI invoice for$1,405.50. Let me know if you need back -up or anything further. I Amy anW Stmmone - Qccauntutg. C'&NA SUU e taxm Nd. Yo4oM, 9,C'. 6C56C ) lhom. 63C -553. -8579 Sax. 630 -553 -7575 1 a i - H -' td W 0 �.d4ce 1 i I 1 _ I ' IC I � I I i 12/18/2008 J i 1 I From: Joe Popp } Sent: Tuesday, November 21; 2006 4 :09 PM To: 'aprochaska_ @yorkvilleil.us' } Subject: FW: Regional detention, Brisol Bay } I From: Joe Popp } Sent: Tuesday, November 21, 2006 4:07 PM I To: 'aProdiask @ Wrkville.il.usa.' Subject: Regional detention, Brisol Bay Art, } As you are aware Lay Com is the owner of property south of Galena Rd. currently Re Tonal 9 Detenio designed n facility. I ned to } ty have been approached b Centex r 9 become part of the construction, y regarding an easement to facilitate the City with } Please be aware that Lay Com is not obligated to release any property for this detention. It is my understanding that Centex has agreed to furnish the property when they take title. it. Centex is not required to close with me until Apirl of 2008. However I would be willing to close earlier if Centex requested } Please take this into consideration before taking action on future subdivision plats. I Given the current market conditions, I don't believe Centex has any intention on ever closing on the } property. I Please call me to discuss. 630 -966 -0397 l Joe Popp } No virus found in this outgoing message. Checked by AVG. } Version: 7.5.552 / Virus Database: 270.10.6/1888 - Release Date: 1/12/2009 7:04 AM No virus found in this outgoing message. Checked by AVG. I Version: 7.5.552 /Virus Database: 270.10.6/1888 - Release Date: 1/12/2009 7 :04 AM I I 1 I I 1 � 1 1 I i http: / /webmail.aol.com/ 41095/ aol /en- us /mail/DisplayMessage.aspx 1/21/2009 i I From: Joe Popp 1 Sent: Wednesday, December 13, 2006 10:46 AM To: 'a -prochaski@ygrk_ville.il.u5' Subject: Bristol Bay 1 �I ' Art, I spoke with Jim Berry of Centex this morning regarding the regional detention. Jim informed me that Yorkville is willin to trade Centex's obligation for dedication and or easement of detention land for cash to construct outfall. g I While this may be a short term solution to funding the outfall, I believe it would be a mistake. If Centex is not held to it's current obligations, they will never close with me, therefore the promised land will not be dedicated as planned. . gooa The net effect for Centex is for $300,000 (number quotes from Jim) Yorkville gives them an oil ra $3,5_ .' they I owe me for tn�"la� �� nar maKes nusiness sense for Centex. Why continue to spend money on a project that won't happen if Centex is allowed to skate. Please understand my intentions are to see this project through as planned, however as a landowner, buisnessman and a member of the community, 1 can not agree on a annexation ammendment that allows this to happen. I Please call me at your convenience to discuss. Joe Popp Jf 630 -966 -0397 office 630 -404 -0397 cell 630 -553 -2054 home No virus found in this outgoing message. } Checked by AVG. Version: 7.5.552 /Virus Database: 270.10.6/1888 - Release Date: 1/12/2009 7:04 AM ) No virus found in this outgoing message. - Checked by AVG. Version: 7.5.552 / Virus Database: 270.10.6/1888 - Release Date: 1/12/2009 7:04 AM E ) 1 I 1 1 J I I http : / /webmail.aol.com/ 41095/ aol/en- us /mail/DisplayMessage.aspx 1/21/2009 1 1 i i i I . 1 ' j i 1 f . a i i i i . - True copyof thavdginal on file n my offices attested tQjhhj4. -,,,6c, Cl iy of. , 20 i ClerkoftheCiMURGO� i - Ke -� $pp I 1- I } 1'bJ 1dJYbbtl bb: i3 bJftb89'M } Exhibit No. lD i S ,,,. M FIEPORMG 800.232.OM Page 1 of I I . I Larig Kim From: Berry, Jim } Sent. Wednesday, December 13, 2006 4:37 PM I 7o: Reed, Joel cc: Jansen, Alexander, Lang, Kim Subject: Yorkville Storm wafer Facility AftWhm®nts. semen nev 3 a greeme n t 0ti DOCnraymond autfaH Centex agreement v 2 oea.DOc i } loel, } Attached is a draft from Travis Miller at Yorkville and some revisions that 1-would suggest to the terms to more appropriately describe what we are seeking In both a red -line and clean version. In talking with Alex, we felt that would be good to involve Fred due to possible implications of Illinois municipal law and since we are currently working on both an amendment to the Annexation Agreement to Incorporate the } agreement on the school fees which was ratined by the council and on clarifying the tri - party recapture agreement for the cost of the Interceptor sewer from fees on the Mesirew and Popp tracts to specifically co us I not acquiring tha land. Give me a call after you have had an opportunity to look this over. 1 Thanks, } dim James W. Berry } Director of Planning & Acquisition - Infill Centex Homes 847 -783 -6429 phone } 847 - 783 -6303 fax 847- 822 -4163 mobile i jwberry @centexhomes.com I I I } } I 1 . 1 CNT000768 1/26/2007 i l i 10/20/2008 00:33 6306689295 I } } STATE OF ILLINOIS ) DRAFT September 26, 2046 REVISED December 13, 2006 i COUN OF KENDALL ) 2 R�`� ision Ucc�;tit 1 TY I } RAYMOND STORMWATER MANAGE.9"n AND $TORM SEWER, ► OUTFALL 1MMPR0VEMENi' AGREEMENP, 1 I ' — f NOW COMES the United City of Yorkville, hercinafter referred to "CITY" and } Centex Homes hneinaft referred to as , cErTiEX". who in consideration of entering 1 into this RAYMOND STORMWATER MANAGEMENT AND STORM SEWER } OUTFALL meROVEMENT ACRE NT ("Agreement') dated , 2006 1 agree to the following terms and conditions: } WITNESSETH } } WHEREAS, CITY is desirous of baving cansbWted, on land that it owns or will acquire, the Raymond Regional Stormwaw Management Facility (hereinafter } "FACILTTY'� to serve the United City of Yorkville, various property owners, and an adjoining se►rAce area on a regionalized basis; and } WHEREAS. CITY has agreed to acquire certain real property described in the 1 attached Exhibit "A" and any necessary easements appurtenant thereto for purposes of } the construction of said Facility; and WHEREAS, CITY will also construct the `Raymond Outfall' (hereinafter } "OUTFALL") from the FACILITY to the OUTFALL'S terminus as depicted on Exhibit ► `B "; and ► } CNT000769 i. ► - �.b /1b /'Lf7bG nt7: as OJV000 JG JJ ) I 1 i WHE"AS, it is comated that the cost of said OUTFALL and related i appurtenances will be in excess of one million two - hundred thousand dollars and the i i CITY does not have financing in place to construct the same; and I WHEREAS, CENTEX owns real property which will bene#it from the construction of the OUTfALL; and 1 ) WHEREAS the CITY has requested CENTEX pay $325,000 for the construction and installation of the OLTVALL: WHEREAS the CITY approved Ordinance 2005 -36 Annexing Property and Approved an Annexation Agreement vrith CENM as '`T)EVELOPE?R" which, among 1 other provisions, requires the DrVEL f'' -r` to contribute eertai� labels to the CITY at the lime DEVELOPER becomes the owner of that land and to provide ail easement far construction and orx-mation of the I•IAC•II_ITY prior to the time the DEVELOPER hecomcs the owner at the CITY'+. request m described in tLig.,; nnexntinn t Adr eeme7t attached as Exhibit "A- 1 WHEREAS the CITY has requested CENTEX pmvide casements aswt+iiw.w tlw4r,4k described ira attached Exhibit WHEREAS CENTS has nrn,•ided emments to a nnrtion of the land requested 1 by the CITY. %Mich aw- 40o the emnicnls mmessary to enmulete F'hysc , t:)i_ir f S ,t:* t- *-- V.t1*Mwr the f�:1C�iLltf"1�.ai�d C'f:?�!'fF.\ has o6cred to Make the i rnittriUutinn to the constructiar� oo the P.at .JT�' utfall rr u eaed by th e CITY in I I;eti ^ of p ro vi ii g dw casement 014.&R & described in attached Exhibit 1 1 2 CN'T000770 R 1 i 10/20/2006 00:33 6306689295 } _ l NOW " FORE, inconsideration of the mutual covenants, recitals and the i mutual and reciprocal obligatiods lterelnaf[cr set fo+ parties agree as follows: k 1, 7))c recitals herein contained ate adopted herein and made an enforceable part of this Agreement 2. T#tat CENTEX shall deposit $325,000 COUMALL FUNDS') in an escrow 1 account to be established by the OWNERSIDEVELOPERS within Thin]' (30) i solel 1 ALL FUND S shall be used y days of the demand by the CITY which OUTF - 1 for the costs of engineering, construe ing, and installing the OUTFALL pursuant i to the OUTTALL CONSTRUCTION DESIGN Any amounts r emaining after 1 gn , cons= tron and installation of the ourFALL by the ell Y c+ij., shall be 1 I wed to CENi'EX. i 3. CITy agrees to ent into written agreements for recapture of CENTEX's 1 couUibudon of OUTFALL FUNDS from any property owner purchasing use of 1 the FACILUy, or connecting to the OUTFALL, with the MOM of the Suez agreeme acceptable to the CITY and Property, pursuant a written* recaptar t l CE..r= and approved by the City Council. i q, The CTTy agrees to en��sidzr as satisiied.d+�la;' requireinettt of the Centex Annexation Agreement (Ordotince 02005 -36) for CENTER to provide an dexlbed in t- Exhibit C, Nc ztl��>ri��list , e�i her (n 1 ��tseinznt Lthe 1.�_t� that] be coati-Lied to modify the obli�_ +digns of the MYL-10i'M to con-ve4 title 1 1p the lal d de�tcd for tlu r:1e'[I, T1'"nursuait .o the t: - i of the 1 ( "entCx Aline \2tlt] .Aar ement 1 1 1 3 CNT 000771 1 - i i ) l bI 'LbI 'Lbbti F7F7:.�d b.iE7bbtiy'lyb - - - - I 1 I i DL vILOPL heco»Zes the nWnCr i.hnt CEN MX agrees to constxuct, at CENTEX's sole cost, a temporary stomn water i conveyance route between the existing storm water culvert crossing at Galena Road to the western portion of the r : t-Rcgional Detention Basin identified I as `Phase I' on the attached Exhibit "0 ". ac ro ss. the land for wNch Easements I have been nrow•iled to the CITY by C'FN'TE?: ai►d executed by currc.rt ovvners of t the nronerty. uursutult to the plans nrovide:d to and approved b1• the C.1TY =. 6. INTEGRATION: This Agreement shall not be claimed enforcEable. by or to any patty thereto unless completed in writing and executed by representatives of each I party hereto. I 7. severability Clause: In the event any portion of this Agr=cnt is deemed to be unenforceable by any I court of competent jurisdiction, the remaining portions thereof 0211 be enforceable between the parties hereto. 8.. This Agreement shall be binding upon the successor, bears and assigns of each patty hereto. IN WITNESS WHEREOF the parties have exmuted this Agreement this _ day of , 2046. i . I UNITED CITY OF YORKVILLE CENTEX HOMES i By: Ey: i Mayor ATTEST: ATTEST: i i PNT000772 ) bJUbb8929b rAUt �n��n } I 1 City Clerk } 1 } } } 1 1 1 t I 1 } } 1 1 . I 1 C NT000773 � 5 1 1 1 p 1 1 I 1 i I 1 I 1 1 I 1 � i 1 I ► p J 1 ' J } I I I I 1 J EXHIBIT D 1 ic.rr �..,. .._..,.+.. ...... .... — _.._- - - - --- I _ c ' Q Exhibit No. --gy�p/ s l ?pq,,,�ic 8800 - 232-0265 Page y O f T Lang, Kim i From: Beny, Jinn Sort: 'Thursday, December 2S, 2006 9:40 AM i To: Reed, Joel I Cc: Jansen, Alexander, Lang, Kim I Subject Bristol Bay - SWMF agreement Attachments: raymond outfall centex agtaemenf execution Copy.DOC 1 Joel, i Attached is a copy of the proposed agreement between the City and Centex to accept• the payment of $325,000 in lieu of the easement from Lay -Cam [Joe Popp]. City staff pushed this through over the holidays and it was 1 approved by the Council on the 26th. I am waiting for Exhibit B from the City, a will sum ng a recapture i agreement next week and aTi arinezation amendment Incorporating the recaptures and the school fee agreement shortly thereafter. Fred should be circulating a draft of the recapture agreement by Friday and of the annexation agreement amendment by next week. The recapture deals principally with insuring our ability to recapture funds advanced for construction of the interceptor sewer and our commitment to a payment schedule on sewer hook -up fees that allowed the City to Issue the GO bonds to finance construction of the balance of Interceptor. Our potential recapture of these items is a total of +/- $2,000,000. our goal is to tie up all of these matters prior to the 1 York ville Mun icipal election in March. - - "- Let me know any comments or suggestions that you have regarding the outfall agreement at your earliest convenience. Thanks, Jim i James W. Berry ? director of Planning & Acquisition - Infill Centex Homes } 847- 783 -6429 phone 847 -783 -6303 fax 847- 812.4263 mobile ]wberry@centexhomes.com i I I I ' 1 � I I I 1/26/2007 CNT000758 I I � I I i i I STATE OF ILLINOIS ) t COUNTY OF KENDALL ) i 1 � PAYMOND STORMWATER MANAGEMENT AND STORM SEWER E OUTML DPROVEMXNT AGREEMENT, i NOW COMES the United City of Yorkville, hereinafter referred to as "CITY" I and Centex Homes hereinafter referred to as ' CMTEX ", wbo in consideration of i entering into this RAYMOND STORMWATER MANAGEMENT AND STORM I — 6 SEWER OUTFALL WROVEMENT AGREEMENT ("AVMWeDe) dated 2006 agree to the following terms and conditions: WITNESSETH i I WHEREAS, CITY is desirous of having constructed, on land that it owns or will acquire, the Raymond Regional Stormwater Management Facility (hcrdrrafte r i , FACILITY") to serve the United City of 'Yorkville, various property owners, and an adjoining service area on a regionalized basis; and WHEREAS, CITY has agreed to acquire certain real property described in the i attached Exhibit "A" and any necessary easements appurtenant thereto for purposes of 1 the construction of Wd Facility; and WHEREAS, CITY will also construct the 'Raymond Outfall' (hereinafter "OUTFALL'I from the FACILITY to the OUTFALL'S terminus as depicted on Exhibit I 4 13"• and 1 WHEREAS, it is estimated that the cost of said OUTFALL and related I appurtenances will be in excess of one million two - hundred thousand dollars and the I CITY does not have financing in place to construct the same; and I CNT000759 1 i 1 1 WHEREAS, CENTEX owns real property which will b=efit from the 1 construction of the OUTFALL; and 1 WHEREAS the CITY has requested CENTEX pay $525,000 for the construction 1 and installation of the OUTFALL. - WHBnm the CITY approved Ordinance 2005 -36 Annexing Property and 1 Approved ar. Annexation Agrent with. CENTER as "DEVELOPER" which, among ott= provisions, requires the DEVELOPER to contribute certain lands to the CITY at the time DEVELOPER becomes the owner of that land and to provide an easement for construction and operation of the FACILITY pr or to ft brae the DEVELOPER 1 1 becomes the owner at the CITY's request all as described in the AnnexWonx Agreemcnt 1 filed for record in the office of the Kendal County Recorder on December 1, 2006, as document 0 200300037333, whicb is included herein by this reference as if attached I hereto. 1 WHEREAS the CITY has requested and CENTER has provided the easements to 1 a portion of the land requested by the CITY, which are the easements necessary to complete Phase One of the FACILITY as described in Exhlbit "C" and CENTEX has ' offered to make the contribution to the construction of the FACILITY and Outfall requested by the CITY in lieu of providing the easement as described in attached Exhibit l NOW THEREFORE, in consideration of the mutual covenants, recitals and the mutual and reciprocal obligations hereinaft set i'oxth the parties agree as follows. 1 1 The recitals herein contained are adopted herein and made an enforceable part of I this Agreement. I 1 I 2 CW000760 I 1 ' I I I 'lE7I'LbI LGGO uv. JJ ' - - - - -- 1 1 _ 1 1 } 2, That CMMX shall deposit $325,000 ( "OUTFALL FUNDS') in an escrow 1 account to be established by the OWNERS/DEVELOPERS Mthin Thirty (30) days of the demand by the CITY which OUTFALL FUNDS shall be used solely 1 for the costs of engineering, constructing, and installing the OUTFALL pursuant to the OUTFALL CONSTRUCTION DESIGNS. Any amounts remaining after 1 desi9 construction and installation of the OUTFALL by the CITY shall be t returned to CENTEX, 1 3. CITY agrees to -cater into written agreements for recapture of CENTEX's contribution of OUTFALL FUNDS Timm any property owner purchasing use of 1 the FACILITY, or connecting to the OUTFALL, with the exception of the Suen property, pursuant to a written recapture agreement acceptable to the CITY and t CENTEX and approved by the City Council ? I 4. The CITY agrees to consider as satished, the requirements of Paxagraph 10 of the i Centex Annexation Agreement (Ordinance #E2005 -36) for CENTEX to provide 1 easements on the parcels descn'bed in Exhibits C & D. Nothing contained herein 1 shall be conmed to modify the obligations of the DEVELOPER to convey title 1 1 to the land designated for the FACILTY to the CI'T'Y pinsuavt to the terns of the 1 Centex Annexation Agreement (Ordinance 02005 -36) at the time that DEVELOPER becomes the owner of that land. 1 5, CENTEX agrees to construct, at CENTEX's sole cost, a temporary stoma water 1 conveyance route between the existing storm water culvert crossing at Galena 1 Road to the western portion of the Regional Detention.Basin identified as 'Phase 1 1 on the attached Exhibit "E", across the land for whieb Easements have been f o • 3 CN"[ M76I i i I - 10/20/2008 00:JJ 1 r I . 1 I provided to the CITY by CENTE,X and executed by current owners of the i I property, pursuant to the plans provided to and approved by the CITY. 6. ftMOIt.A,TION: This Agreement shall not be claimed enforceable by or to any I party thereto unless completed in writing and executed by representatives of each I party hereto. I 7. Severabillty Clause: 1 In the event any portion of this Agreement is deemed to be unenforceable by any I court of compctent jurisdiction, the remaining portions thereof shall be 1 enforceable between the parties hcxeto. $.. This Agreement shall be binding upon the successor, heirs and assigns of each 1 peaty hereto. TN WITNESS WHER$OE the parties have executed this Agreement this I day of , 2006. I UNITED CITY OF YORKVILLE CENTEX HOMES ) By By' Mayor AMU: ATTEST: 1 City Clerk I I I I I - I I CNT000762 i 1 I I I . I wNi I � � 6 1� I i • 7 1 _ Ralf I T F S7i1Yl� -�� a�a�s�r •�, :r � S4-iK 14lg w r r .rwywr.•.ry�Y, .'�Y-i �,�_..�r.�.. NRM}'4'YM��• • iii �i •�- y- Y.�.M+�.rrw� ��r � ��n•f �Sr� r � LNi. s oh.. -_.. �__ •��c •it l �,,ar•1 _ W 1 ' I 1 J CNT600763 J V ' 10/20/2008 00:33 6306689295 } 1 Exhibit B j [OuffaH depiction] } } } i 6 CNT400 1 I I I I I 10/20/2008 00:33 6306689295 I - ) ! E G i [Ex ec uted Mes easements] I ) i i ) 1 ! ) t 1 I } I I 1� I I I .. } ! I I t I t CNT000765 7 1 I I I 1C1+ cur aU-- ----- -- -- 1 1 i I 1 E=xhibit D [Unexecuted Lay -com Easement] t i . 1 1 1 1 1 1 ) I i 1 1 1 , I I . I I J I $ CNT000766 1 i 101217/2008 00:33 6306689295 i I i Exhibit E Al Wk i LI •' � 1..; 174 ^••��. �� .— y 1 I 1 � • '+•+ �* •�Y 1 - 1t5I1 Ir171� •l ' l t4��1�•' I � .. � ••� _� . y� y I�I�Y '� . 1. Y '''':• '+,. {`` ` l'X�H•,� y } ' r` •� , F i rrr + � • r ' 7 r �' + .�� .1 dr �y __ �f ,� •,P. r' !� i ` f r • j •r.�' �.., .'#' \ \ r ,,�i.•+, � a ' •'• '•' J y � ill . '� � � � �, r' (ti' ti • h LY N AIt s ,,, a, I s 6�L a � ' I i cte, � � �1�� �• K � ! O ? � 9 I , r I i } } 1 I ) ) ) ) ) ) 1 I 1 I I I A I I 1 i 1 EXHIBIT E 1 S UI ZU/ Ygt]tJ tau: ill bJUbb8y195 PAGE 02/30 1 ) . Exhibit No. sm 0 - C2 0 - ,09 Page 1 of 1 AO IEPORrM 800 p.pm i ) Lang, Kim From: Reed. Joel' Sent: Wednesday, January 10, 2007 7.27 AM i 1 Jansen, Alexander, Lang, Kira 1 Subject: FW. Yorkville - Recapture Agreement and Raymond Outfall Agreement - Sent of behalf of Joel S. Reed Attachments: Comparison - Raymond Outfall Agreement - 12 -28-06 to 01 -08-07.d6e; Agreement between Centex a YorkviHe re Sto rmwate r M Facity (Raymond OuttaN) - 01.0&2007.DOQ Recapture Agreement I with Yolcvllle Sanitary Sewer District - DMI? 09.09- 2007,DOC; Recapture Agreement with Yonkft Sanitary Sewer Distrid - Draft 01-09-2007 compared to 12 28 -Mdoc 1 FYI... rrirat:ear esd t�ae The irlfOrmaherl is thta o-mn}I *ad soy *ftlneok is ea+fideotinl, pi»prieMry rtsd holy be proteelod by the atbsovyslieet privik�e endJor.GOrncy trunk ptndnct privt7ese Iryou Mt Got lie iotevdtsl InipreM of this e-mn7. playa be advised my that use. eopyint or dbulatiea of ft iafirmmba eowkned ie tide o.raa is eel aatltafaed aad :t O*dy 1 prelu'bitod, If you bore mooi.ed thb anal in vnw. pkssa notify nee enmvdiably by rgVmE and dc)M tIk reme p adsay fla mbehmew &Om yow eeatp ft. From: Shcirefbauer, Suzanne Sent: Tuesday, January 09, 2007 2:30 PM To: Berry, Jim; ffelnsbein @mwe.com Cc: Reed, Joel Sat Jeerw Yorinr WRecapture Agreement and Raymond OuH`all AgreM%t - Sent of behalf of Joe! S. Reed Fred and Jim. I have taken the h7mirty of substantiaNy reworking both the Recapture Agreement and the Raymond OnhVl Agreement / } attaching the revised draft of these documents boor in clean and as a comparison to the last draft circulated. t4ridtr respect to the Raymond OLftfl Agreement I am corNkW that my changes serve to clarify the agreement, withmd changing ft substance. f am hopeful that Jim wN1 be able to "sweet talk'the city affomey to consider all orsome of these Ch8»geS *$a de fication of the document that was prevlotWv voted upon by the city council. If he is unwibing to do that, then we should talk about the key changes that we reW need to have. With respect to the Recapture Agreement...) know, Fred, that you wwre hying not to stray far from the recapture agreement agreed to with the annexation agreement However, N seems to (hot the 12-28-06 draft already strayed quife a ways, andyet left (in my view) a substantial amount of ambigtW regarding the amount that maybe"", the SOUMO of the "ptunad funds, and Crow this unusual recapture process Is 90109 to work It seems to rile that ambiguity is not in our favor ion this. As a result I have substandally overhauled paragraphs 3. 4, end 5. Fred, I hope you wdl not take offense to this. I know that in making these changes, we wit likely raw" some resistance. I hope that we ce» overtrorrre that reslstance by showing that the resulting d owment more clearly reRects the Intent of the parties. I am traveling this week returning on Friday, but will be checking ema# and voiicemall periodically. Joel SUZa;nne Schaefbauer Centex Homes i 12701 Whitewater Drive, Suite 300 i Minnetonka. MN 55343 i 952- 960 -2011 phone 952 - 960 - 2001 Fax 1 Prfvrreged wnd ConrrdeWW i The hdammkon in this o-m g and tray wachwm is confidential, proprietary and wy be puotoacd by the anontey -dlem prIvIeSt and/or otte" work product p inkge. if you am not the intesdod mcocnt of this o-meil, please be advised that my my eapyiea ar dktnbe6on or the W&tftW" eonLmed in this e•rrrii is not a w,d is vocty 1 prohibhod. Irym Mvc teoeived Irk o-eral is ermr, pkao notify me inumdiatdy by reply {a6 and &kte the ,a pi u Re n,d soy 67e ao*dvaaw fmm yow compWa. I 1/26/2007 1 MoDO743 I I I I iv��oi�uGn nn: �a bdE7bbtt717b PAGE 03/30 i ) ) ! STATE OF ILLINOIS ) 1 ) COUNTY OF KENDALL ) I � RAYMOND STORMWATER MANAGEMENT AND STORM SEWER OUTFALL IMPROVEMENT AGREEM W 1 NOW COMES the United City of Yorkville, hereinafter referred to es "CITY" I ! ! and Ct ntex Homes, hereinafter referred to as "CENTE,X". -, vU in consideration of I ! entering into this RAYMOND STORMWATER MANAGEMENT AND STORM SEWER OU'IPALL IMPROVEMENT AGREEMENT (" ) dated , 2006 agree to the following teri and conditions: WYTNESSETH I V74FREAS, _t he CITY is desirous of having wastructed, on land that it owns or ! will acquire, the Raond Regional Stormwater Management Facility (hereinafter I "FACILITY") to serve the Wied City of V44FAlk=, various property owners, and an adjoining service area on a regionalized basis; and ! WHEREAS, 61PY de s - vwdlo facilitate constnt of the FA . 1.I�TY ! tin ends to acquire 6ghLs =certain real property describes M the attached Exhibit "A" ate PaGA ! e e' CRM1'Y'') and ! WHEREAS, CITY will also construct the `Raymond Outfall' (hereinafter 1 "OUTFALL ") from the FACILITY to the OUTFALL'S terminus, aU as depicted on I Exhibit "B'; andl 1 LrJ� 91rLT t�7L}11Ut "B" Sl r, tLe dut y. It seem. i n m q Sit �,�ibtt "F." eeuld be re]� Icd as BYUn it _ =Ltlten_uzd:LQSt► nw both thq jW&tkW of r t ay, as,wei� c ►fv v,� the "tames !,stomp a_ tmcPDxcwgGtr_mic" 1 CNT000744 i i 1 -10/20/2008 00:33 6306689295 PAGE 04/30 1 1 . } } i WHERF.,AS, it is estimated that the cost of said OUTFALL and related 'i appurtenances will be in excess of � t kve L a- -+ .`.y W,d— ellsss I mdp ,200,000. but the CITY does not have financing in place to construct the same; and WHEREAS, CEN79X owns real property ,10 4ated north of GALawRoad w 'c i ]a01 IL0 Lhe 1yU hereinafter "CL1d7'EX.OffrN n M- OPUTY,:L„whieh will l benefit from the construction of the OUTFA,LL; and 1 WHEREAS, the CITY has requested CENTEX pay $325,000 for the construction 1 and installation of the OUT F'ALL: WHEREAS. the CITY approved Ordinance 2005 -36 Annexing property and 1 Approved i } jQ w c it entered into an Arw n eemen dated A 1-26 20 fitcd fqr-=ord } in the office o�UlaelCeAda1�_Caunbte� order on Uecemher i _ 2005_ as dneumrnt } } 20050 0 Z3 T� eroinefl "AI gAT1oN AG FEMFNT" with CENTEX as "DEVELOPEr wW Yd other nartics as "OWNERS" _ (th ANNEX.A.7'IOIy } , i , 1 �I,S''i}31~,1'+TyJR1�I�'�„c included in this AGREEMENT b t�i,5�erer�cc at " _attached hereto) } r I WHF PAS" ttihe TTNt+ ATi N A T F.F. NT reouia among - other 1 provisions, Feelmife s thaLthe DEVELOPER to- contribute _ c to the CI'T'Y at the time DEVELOPER becomes the owner of #het- laa kbe.PBQ RTY and, ? at the C Le to provide an easement for construction and operation of the I FACILITY prior to the time the DEVELOPER becomes the owner a4af the Q W's geqqes E M= all as described in the ".. exati A,.,. a eFA riled f ef _a I 2 lc jbig the right OM' +G ; ¢. mw L Q DO m i z4 No. ZM I which aAup ax U& i Q�¢jp ca u zln�ib ^r�disuLfaa.. 'en mmcm ofPrim' Bav' I 2 I CNT000745 i i • i i i 1 .0/20/2008 00:33 6306689295 PAGE 05/30 1 . elffiee of the —Kendal Geeunt1 Ree6i4Pr & Dee;:n1 L Mf, a Foaoftl 4 1 ?8A3AA83� whisk is insluded kwir► b;' 41.i. -- eferenepas --if a#aeit_ i ltANNEXA7lON A GE1y]IrIVT,; and 1 WHEREAS, the CITY has requested and CENTER has l a pattien 4 the land s 4 e d b th G;Pr ..t,:..t .the ar-a l Olivered to the CITY an easement aver t eort' n f he pmnerty deacri},ed in attac ? Willit "C" (herein er "ME8I&OW E AG EMFNT"1 which is tha prtion of th, 1 P=aty necessary to complete :Phan One_" of the FACILITY as -dos e " j 1 pe 1, j dMk e� ou Exhibit " "=- and } 'WHMEA CENTEX has offered to make the contribution to the construction of 1 the FACMJTY and 04MOMEAL requested by the CITY in lieu of providing to-tbe easement wQLeLAm portion of the Property described in attached Exhibit 1 NOW THEREFORE, in consideration of the mutual covenants, recitals and the ? mutual and reciprocal obligations hereinafter set forth the parties agree as follows: 1 1. The recitals herein contained are adopted herein and made an mforceable part of 1 this ,AVeemea OREEM= 1 2. Ma bin 30 da� der�, an d - b x--An= CENTEX shall deposit $325,000 1 (" OUTFALL FUNDS' ) in an escrow account to be establislied by the R9 '74t is 'r� (30) -d„ Of the d effi .. L. the nrry 1 whjskCLCL _Be UUMALL FUNDS shall be used solely for the costs of 1 engineering, constructing, and installing the OUTFALL pursuant to the 1 OUTFALL CONSTRUCTION DESIGNS. Any amounts remaining after design, 1 construction and installation of the OUTFALL by the CITY shall be returned to i l CENTEX, 1 3 1 CNT000746 1 1 1 10/20/2008 00:33 6306689295 PAGE 06/30 } I I - 3. CITY agrees to enter into written agreements for recapture of CENTEX's } contribution of OUTFALL FUNDS from any property owner purchasing use of } for otherwi�l the FACILITY; or connecting to the OMALL, with the exception of the "Suers Property, a' (w i cb`is _the_ } l ocated 81 1. The, rECapwe agreement t1 jg 1 be in_fn�aa� svba:acx to the CITY and CENTEX and approved by } the City Council, 1 4. Ile CITY agrees to consider as satisfied the requirements of paragraph 10 of the i Gentew - ANLiEXAT[ON ANIF T_ which called for CENTEX to provide easements ver the eels described in Exhibits E--& p 'C' and "�. pax N@t.Bowever. nothine i contained herein shall be construed to modify the obligations of time DEVELOPER to convey title to the land designated for the FACILTY to the 1 CITY pursuant to the terms of the Gewex A nnwi &a A..,, om ,n a:_ } DEVELOPER ) becomes the owner of that land, 1 5. CENTEX agrees to eonstruet, at CENTEX's sole cost; a temporary storm water conveyance route between the existing- storm, water culvert cro'ssivg *at Galena } Road to the western portion of the Regional Detetttion Eadn iftolfied as 4 F en the- attaehi�d &EMb "li ", sefess- the -le bT Eawments have bee pre 0ded t th _CITY by ._ .r . L. ) pt+epert2ha &t0b, ". such mute to be i n the tin" shown >�xh�bit } I 4 CNT000747 ) 1 I r 10/20/2008 00:33 6306609295 PAGE 07/30 i P , 1 1 "B ".' . The CTTY hereby iiL1W.IS ti�EN1T;X the rich construct the t MM t . on water conve roU � vvith;n area covered bX.the MESIROW i SE - T, pursuant to the plans provided to and approved by the CITY. 6. INTEGRATION: This A g ra shall not be claimed enforceable by or to any party thereto unless completed in writing and executed 1 by representatives of each party hereto, f 7. Severability Clause: In the event any portion of this _ _ is } deemed to be unenforceable b an court of com etert jurisdiction, � y y . P J the remaining portions themf shall be enforceable beftneti the parties hereto. i This AVa wM ,AGREEW NT shall be binding upon the successor, heirs and assigns of each party hereto. 1 IN WITNESS WIMEOF tho parties have executed this 1 AgreemeaODREEA= this day of , 2-00& L 1 UNITED CITY OF YORXVILLE CENTEX HOMES, a b]ev emem� � ups in � a Nev ada Cbmoration its managing mera, 2 � 1 I By: By )- Mayor Daniel i_ S Ag _ _ � iulp4 y ' i s Division President 1 } ATTEST: ATTEST: City Clerk 1 1 $ Move t3 ib� t3" t oDfC ">yXhbit_" _" uierA d +il ch ptllC x1>-t " _ ti its � �ltm�lddlhelea �s_y Q1ltL�1Lf.8Rd1tG 1 terminus/. th t�jptl0 t ACA MUM 0M- P ace Off" of the Facility 1 5 1 CN *748 1 m ' co OD CS) w im-31— Mid ROM � 2 cn ....U.4mv N" a n. ! r^ t mar — t f � ism„ • E.. -f'.'r � ~ 1 � �q W i • cs.vs �� �� RtNLiMkRI ,...�� Win.— �..w•r.+— +.." -.'w _ ,`• � ° .a.w ...tom.. n 9 9 V v CNT000749 -' " -" PAGE 09/30 1 1 ) 1 Exhibit "$" Site Plan den ti ng .Phase One of Fa�, , I t e Outfali a ieA (incl ding its terminn�l and the "tenwrary storm water convevance route ",] } i I f r ► 1 i i CNT000750 7 1 I 10/20/2008 00:33 6306689295 PAGE 10/30 i i I Exhibit " C" 1 [ enMescrintion of Pro perty C overed Mesirow e"em ents mend 1 } I ) ) } I 1 1 1 D I I } 1 } } 8 CN'0000751 I } lb /lYJ /Lbbtl bb: ii biNbbkfy "Lyb PAGE 11/30 ! ! 1 1 Exhibit " D_' [ 1_In. wee -uteri 1 ay c OM Lemai S,Knation of Pron Not ! Covered By An Easement] ! P I ) } } } 1 ! ► I ) I ! 1 I 1 1 g ► CN T000752 I I 1 tb1lb1;duuu 00:33 6306689295 PAGE 12/30 1 . 1 Exhibit E - Move a simpler version of this to Exh "B" � 1 •� . j •`�' �1 �' �.� ' �,'' �. it � •4 _ -•k"' `� •• Vii ' � .I ^ I' •� _ ,tea '� :=��1 �� � ' d `Ltfl� r ye : " }, t '1► ' 1 m ' ! � I ���', { r "�i,� 1 • f + 'ri L' ' : l �N� #'':• + I .. .ly'i q r.... � •,i� i + K r..7.'9••...;,�'�� R.'7_. ie-� � :. —. .�.. � •'� � , 1 • �i�1111 �, ' M... 1 � • Y .. I � � 'r ' s .Yl s ; � w � 10 1 I I 1 1 I VSL000I.ND OE /ET 39Vcl PAGE 14130 1 1 Document comparison done by Worlkshare Deltaview on Monday, January 08, 2407 7 :11 :41 PM In. put: tYIeY -Real EstaWYorkvllle.�"j r 8ay1Yarkvllle- Bristol ,8a yegional Document 1 d rR rmfraier Facility ymond Outfall/A reement between Centex & Yo4ville re StormwsmrManagement Facility f1?aymond 1 OutW9 - 12 28- 200&DOC SOYA. - tiLegaNL -Real Estate Irorkvr!!e- 8risbl Baj4Yarlkvfife-Erisfal Ba is na/ S y � tornnNaler Facility Document 2 d Raymond t) Ym ut7 aNlN9reementbetween C Yorkville re $t rwwater Management Fa cility OutW# - 414G&2407.DOC hY (Raymond Rendednq set Standard s N � +;•l;N l+- 9 j' ; 'it' t XiYti: ?b�n� S , �C - :.':•. _. + `9 !1'e1:'°-+elf. � :�i?...A,,.'O:�if'�;��: r: 'R{4'.s ` • ^t.,+i4. L'z' ' Moved to Style Chog I Format change a.l '�►v77 i Inserted con Aelet2d cell M ' • : "�'' ` � ivovw cell �r,�y?s; ,�'.,;: �: , {:.; . : }.:• � cell Eefthq veil fY/Vblk �,• •.app Yi 1L1'.k:• ;i -•• 7 (•.IJ l•. .t�•dY.St�t"'X..l.ia4}•: .•' ; " "'i= !,•?"I�i' ' +P' .1, '.t ':: t• I Count /nserdon5 � $ � Iae ledons l Moved fmm I - 'd3 1 3 MDYBd to 3 Style change Format chqm aw 0 Total changes 738 N coil 1� u tt\ kA 1 CNT0007s5 U I U (` —OveA v6W o by My o Q on1 ��- Yb R-kv/ 11� ►T COU , i 1 ) 2 007 -L- 000081 9572300 ) Plaintiff Attorney } LAY COM INC 800 GAME FARM ROAD TIMOTHY D. ELLIOTT 1 YORKVILLE, IL 60560 200 E. RANDOLPH DR. CHICAGO, IL 60601 } I I I 001 20.00 Copies & Cert. Copies 1001 LAY COM INC Total 20.00 1 ' COPIES 20.00 Total 20.00 20.00 20.00 Bond Used Cash 20.00 i Total Tendered 20.00 Change Due Balance Due .00 I � ) ) 1 By: 1 Deputy Clerk: LMH YLMH Batch 12- 101 -002 Date 12/10/2008 Time 15:05:28 1 I ) ) I Reviewed By: Legal ❑ City Council EsT. FinaDee 11 Engineer ❑ City Administrator ❑ Agenda Item Tracking Number } 0 � �O Consultant ❑ Eb c 200(o , , 3b } Human Resources ❑ } } City Council Agenda Item Summary Memo Title: Raymond Regional Outfall Funding Update -- Shortfall City Council / COW / Committee Agenda Date: January 16, 2007 . j C C 1 /46 1 0 7 } Synopsis: 1 'I } Council Action Previously Taken: 1 Date of Action: Action Taken: Item Number: 1 i Type of Vote Required: } Council Action Requested: ) ) Submitted by: Travis Miller Community Development Name Department } Agenda Item Notes: } 1 } 1 1 1 1 } c United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville Illinois 60560 Telephone: 630 -553 -8545 Fax: 630 -553 -3436 1 - Date: January 10, 2007 1 To: EDC /COW From: Travis Miller, Community Development Director } CC: Lisa Pickering, Deputy Clerk ) Subject: Raymond Regional Storm Water Outfall Construction/Funding Update Construction of the Raging Waves Wat well as ongoing development of } the Bristol Bay, Westbury and Caledonia residential developments) make it imperative that the Raymond Regi S torm Water Outfall be constructed immediately!. The high } water table, wluch will be remedied by the Outfall is causing particular, delay and cost to Raging Waves. Raging Waves has announced an anticipated opening date of Memorial Day Weekend. Staff is concerned that the City may be blamed if the opening is delayed } because the Raymond Outfall has not been constructed on time. As you are aware, the City has entered into agreement with James Ratos, Ocean Atlantic, } Wyndham Deerpoint (July 25, 2006) and Centex (December 26, 2006) to for funding and } construction of the Raymond Regional Stormwater Facility outfall. The City has received a bid from, and will enter into contract with, Wheaton Trenching to perform the outfall construction work totaling $1,188,114.25. In addition to the construction cost for the outfall, construction engineering services are estimated at $35,000 for the project } totaling $1,223,114.25. 7 Mr. Ratos and Wyndham Deerpoint have paid their portion. } The Centex payment is not due until the end of February, however, staff does not anticipate any difficulty in collecting that paymnent. 1. This leaves Ocean Atlantic. I The City's request made October 2, 2006 with reminders sent November 3, 2006 and November 27, 2006 to Ocean Atlantic (OA) have not been answered and the required $500,000 contribution from OA has not been received. Staff recommends City Council consider funding the improvement with reserve funds to I make up for the $500,000 that Ocean Atlantic has not paid. This will avoid delay while the City waits for the remaining the Ocean Atlantic payment and/or uses seeks litigation to collect the amount. I I i ► I I Freeborn br Peters LLP } a J Via E -mail and U.S. Mail I January 17, 2007 I . I .lrrorneyssrLaw Mayor Art Prochaska 311 Somb Wacker Drive United City of Yorkville ► Suite 3000 800 Game Farm Road Chicago, DuBois Yorkville, IL, 60560 60606.6677 J Tel 312.360.600D Re: Raymond Outfall Payment — Ocean Atlantic David S. Warner Partner Dear Mayor Prochaska: I Direct 312.360.6586 Fax 312.360.6574 Thank you for taking time last night with the Council to go through our development J dwarn"@ plans for the Westbury Extension. I hope we moved closer to resolving the rree6orapeters.wm remaining issues and I look forward to seeing you again next month. .. Thank you also for bringing the urgency of the Raymond Outfall payment to our ► crvcaga attention. As requested, this letter shall serve as written confirmation that my client, Ocean Atlantic/PFG- Westbury, LLC, will deliver a check to the Village in the full sprmgridd amount of the outstanding balance due under the Raymond Outfall Improvement Agreement, equal to five hundred thousand dollars and no cents ($500,000), on or before Tuesday, January 30, 2007. 1 Should you have any further questions please do not hesitate to call or write. 1 Best regards, 1 1 David S. Warner 1 Cc: Patrick J. Hughes, Esq., Ocean Atlantic (via e-mail) 1 Cc: Joe Wyrot, City Engineer (via e-mail) I #1267262x1 I 1 • 1 i JOHN JUSUN WYEY2112/20071 Attorney at Law Phone: 63(-117 -7064 1118 N. - Bridge Street, #184 Invoice johnwycth@Comeast.net Yorkville, Illinois 60,5W - -_ -• -• - . _ . _._ ........ Fax: 1-86&23 -964 TE IWOICE # 7 - 842 I i BILL TO SHIII TO ++ } United City Of Yorkville S { 00 Game Farm Road ? I Yorkville, Illinois 60560 i _• I DUE DATE P.O. NUMBER 2/12/2007 f Administrat l ITEM DESCRIPTION CITY RATE AMOUNT i 1130107 Peveew Election Law re Petitions Mtg with Bart and Lisa - 1.5 150.00 225.0Q I 11/30/07 Sibenaller. review of Plaintiff Response Brief t/c to Bersani 1.26 150.00 187.50 I 1 1/30/07 Kendall Marketplace. T/c with Or Engler re Kendall 0.75 150.00 112.50 i Markketplace Ht. his Involvment, and ticmA Lynn Dubijic I i '1130/07 Schramm. T/c with Dallas re survey, and a /p's mtg with 0.6 160.00 76.00 1 Rochelle 1/31/07 Emails and Mtgs, General for week 3 160.00 450,00 2/1107 Kendall Marketplace, Deposition Support 1 115000 15000 1 212106 Various mtgs and email, re SW areas, sales bK OV's, 1 15D.00 i and Drainage, mtg with Travis 1 00 ; 2QM7 Slbllnaller Mow up with Chris Beck 1.25 160.00 187.50 1 2/2/07 Review of Mtg Agenda with Lisa {for 2/5/07 CQAD 015 150100 75,00 2/5/07 t/c with Mayor re tobacco test, and violation. 0.5 150.00 75.00 :2/6/07 mtge with Lisa and John Crois to COW mtg agenda, 1 150.00 160.00 _• 2007 Mtg with Mike Bemeni re Deposisitions 1 150.00 150.00 2106107 Attend COW-No Charge 3 450 i 00 2/7/'07 t/c with Mayor re Ocean Atlantic response, and various 0.75 150,00 112.50 7/7/07 t/c Aid Burd, re School, tennis court, review 1975 agreement 0.75 150,00 11250 217/07 Follow up on Tennis Court Issue, Draft Letter and Resolution 1 150,00 160.00 218/07 Sibenaller, Review Defendant's reply brief, t/c with Chris 1.5 160.00 225.00 Beck l 218/07 t/c with Mayor update on Kendall Marketplace and landfill 1 150.00 15000 i issue, others 1 I I i I Subtotal 3,187.501 li I 0% Tax i I ' Total 3,187.50 I } Attomey at Law Phone: 630 - 417 - 7060 1218 N. Bridge Street, #1" Invoice } John as wyeth@Comct.net Yorkville, Minois 60560 Fax: 1 -866- 239 -4641 TE :. INvOiGE # i ! 1129!2007 -- i BILL TQ SHIP TO } United City Of Yorkville 800 Game Farm Road Yorkville, Illinois 605W 1 o n D } DUE DATE I P.O. NUMBER 1!2912007 - - Landfill ITEM � DESCRIPTION -- - ; OTY RATE AMOUNT ' 1110107 t/c with Atty Phillipchuck re Developer notice to Newark and l response 0 5 160.00 75.00 ! 1 1/12/07 long t/cwith Derke Price re various Issues, including 1 exparte, host agreement, tip fees, toliing 180 day limit 150.00 150.00 1111 Review Derke's memo re exparte, review issues therein, also follow up on previous questions. Long follow up t/c with 1.5 160'00 225,00 Aid Wolfer re yard waste, and medical expert issues 1 W/07 Review emans on notice requirements for library district } _ 11123/07 Meeting with Bart re public hearings, NWc a and tic's to 0,25 150.00 37.50 Newark Library Board. 0,5 150,00 75,90 ! 1/23/07 long t/cwith potential hearing officer re background and 0,75 qualhIcatoins 150.00 112.50 1124/07 t/c's various with Phillipchuck and Mayor re request for vote 1 on annexation and road vacation 150.00 160.00 I 1124/07 2nd t/c with discussion about host agreement, yarn! waste, 0.75 mad expert. 950.00 112.50 1124/07 Hearing Officer, I/c and email with Derke, tic with second 1 candidate, follow up tic with Derke Price 150.00 150 1125107 Compilation of notes, create possible solution, and suggest 2 I same to atty Phillipchuck with long email, follow up email$ 150.00 300.00 and VC's �i 1/26/07 Research on issues regarding breech of contract. 1.5 150.00 225.00 I ' ) I 1 1 ; Billable to Developer/PetWoner ; -� Subtotal 1,812.50 0% Tax 1 Lit. > Total 1,612.50 1 ) ) -j v 1Uk3x11 V IL' In Attorney at Phone, 630-417-7060 12X 8 N. Bridge S et, #184 Invoice John�wyeth @Comcast.net Yorkville, Illinois 6 56 1 Fax 1-86 DATE INVOICE # 1129/2007 841 1 BILL TO } United City Of Yorkville SHIP TO i 1 800 Garde Nirm Road Yorkville, Illinois 80560 } } 1 I DUE DATE P.O. NUMBER 1 f ITEM I - -- - - - 1/9/2007 Edward Hean ! I 1 DESCRIPTION QTY I RATE AMOUNT 1119107 Reveal Ordinance, Agreement and revised " bubble " plan, y meetings, Ordinances 150.00 300.00 } } I I } } 1 � , i Billable to Developer/Petitioner - Subtotal 300.00 ' 0% Tax - - - 1 01 - Total 300.00 1 1 1 ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION l *� of the SUPREME COURT OF ILLINOIS One Prudential Plaza 130 East Randolph Drive, Suite 1500 Chicago, IL 60601 -6219 One North Old Capitol Plaza, Suite 333 � (312) 565 - Springfield, IL 62701 Fax {3l2312 (800) 826 8625 (217) 522 -6838 (800) 252 -8048 1 ) 565 2320 Fax (217) 522 -2417 1 Todd W. Milliron 1 61 Cotswold Drive P.O. Box 50 Yorkville, IL 60560 Chicago October 29, 2007 Re: Jeffery L. McElroy 1 in relation to i Todd W. Milliron No. 07 -CI -4354 I Dear Mr. Milliron: 1 i Enclosed is a copy of the response of Jeffery L. McElroy to the matters about which you have } complained. If you believe the response is inaccurate or if you wish to provide additional information or documents, please write to me within fourteen days. ) I We will evaluate the matter and advise you of our decision. Again, thank you for your cooperation. Very truly yours, 1 John R. Cesario Senior Counsel } JRC:ms 1 Enclosure 1 1 1 MAINUB18232M 1 1 1 i LAW OFFICE OF JEFFERY L. WELROY ATTORNEY AT LAW } P.O. BOX 774 ■ YORKVILLE, ILLINOIS 6056 630/385 - 8547 ■ Fax 630/385 - 898 JEFF@MCELROYLAW.NE October 24, 2007 John R. Cesario i ARDC } One Prudential Plana 130 East Randolph Dr., Suite 1500 Chicago, IL 60601 Re: Response Letter - 07 -CI -4354 Dear Mr. Cesario: ). The following is my response to your October 2, 2007 letter regarding the i abovementioned matter. I was surprised to have received this inquiry, as I pride myself on being a person of honor and integrity. After a careful review of the Rules of Professional Conduct, I maintain that I have not violated any rule, but have assumed for the purposes ofthis response that the Complainant is alleging that I violated Rule 8.4(a)(3) and/or Rule 8.4 (a)(4). As is clear from the Complainant's letter, I was not acting as his attorney or in my capacity as a private attorney. As is explained below, my conduct was in no way criminal, dishonest, fraudulent or deceitful, but rather I raised a potential residency issue based solely on a genuine belief that Alderman-elect Plocher may not 1 have met the residency requirement to serve as Alderman by not living in the ward. This past April I was candidate for the position of Ward 2 Alderman in the United City of 1 Yorkville. Ultimately, I lost the election to Mr. Arden Plocher. On or about May 1, 2007 it came to my attention that Mr. Plocher may not have resided in the ward for the required year preceding the election. Motivated by a genuine concern that Mr. Plocher may not have resided in the ward he was about to represent, I felt that I had an obligation to present this new information to the city for further investigation. The purpose of my letter of objection to the City was to raise the issue of the possibility that Mr. Plocher was not- living in the ward,. thus. not meethig the iundamental.requirement of residency: - The intent of my* letter to tlie, �C ty-.0 z k Baas .implc�; -:i west :�tE �vli�ttier:M€: ;lecher met the residency requi'rerxient to serve as Alderman. I had already'determined that I.could not be declared the winner of the election. However, if Mr. Plocher truly did not live in the ward for the year preceding the election, I felt Mr. Plocher should not be allowed to serve as the Alderman. Contrary to the Complainant's assertion, I had no forethought, intent or desire to delay the I pending vote on the landfill siting process. The information to support my letter of objection came in the form of a police report that a local attorney, John Wyeth, provided to me. He indicated to me that the report was given to him by another attorney. I did not seek out the report or initiate any request for it. I never inquired as to whether the report was received through a FOIA request. Additionally, I did not inquire further with respect to Mr. Wyeth's source, as I had no reason to believe that the report was not a true and accurate copy of the police report. Furthermore, after reviewing the police report, it was consistent with police reports I have seen in the past, and I continue to have no reason to believe that it was obtained unlawfully. i i I I The only person to whom I sent the letter of objection and referenced police report was } City Clerk Milschewski with the instruction that it be distributed to the appropriate city officials. I never sent a copy to any press or media outlet. I believe that I handled the information provided 1 to me in an ethical, honest, and appropriate manner. If the City had concerns about the information in the reports being shared with the press it certainly could have redacted the information prior to sharing it with additional parties. ) The Complainant seems to be concerned with the type of information that was in the ` police report that I tendered to the City Clerk. I believe that the report is clearly 'a public record as defined by the Freedom of Information Act. See 5 ILCS 140 /2(c). In fact, the only difference i between the report I tendered to the city and the FOIA copy the Complainant provides, is I redacted social security numbers. The Complainant suggests that the social security numbers should have been exempt from disclosure. The relevant case law does not specifically address an individual's privacy rights to his or her social security number that might be included in a public document. See Southern Illinoisan v. Ill. Dept of Pub. Health, 218 Ill. 2d 390 (2006); Lieber v. Bd. of Trs. of S. Ill. Univ., 176 Ill. 2d 401 (1997). 1 I Furthermore, if there is a duty under FOIA to withhold such information, this duty would be imposed on the public body, in this case, the City of Yorkville. FOIA does not require an individual to withhold private information from a public record that the person believes to be true —I and accurate. Apparently, the policy of the Yorkville Police Department at one time was to provide I police reports unedited with social security information unredacted. (See Exhibit A, attached). I The Exhibit is a copy of a news article from the local paper in which Police Chief Harold Martin acknowledges that the department policy was to send out police reports , as -is with social security information unredacted. The FOIA copy presented by the Complainant has this information redacted; thus I can only assume that the Yorkville Police Department has since amended its policy and practice. 1 . The Complainant references a legal challenge to Mr. Plocher's installation as Alderman. I did research the possibility of such a legal challenge to the election results. In fact, I was approached numerous times by the group that did challenge Mr. Plocher's installation as 1 Alderman. They asked if I would consider being the Plaintiff in the case and in each instance I declined. I decided that I did not want to be a part of any litigation as I did not believe that it was I in the public interest. I did not have any part, as a party or attorney, in the case cited by the Complainant and remain unclear as to its relevance in this matter. . .:Iltail ti�s::n mypt�f�ssioi:: tlattd °prit;atu=:�ifc;�I��;ottd�iot r , ni} pelf in a�: a ost:and ethical manner. I feel that my conduct in this matter was n6exception. For the above stated reasons, I respectfully request that this inquiry be dismissed without further action by the ARDC. I Respectfully submitted, I Y: ry L. McElroy I Enc. . I 1 I . I • I I 1 1 i 1 . 13:57 6303858986 �t .7y JBPP MCBLROY t 33 m�rw7c "s r0071 P.001 /004 E 1 pf3Fa T m c , To �Tl JEF'F'ERY L,. MCELROY TrORNE1 DoT rAY Lew pF "ro R�cJ I F l-o vl a P.o. Box 774 - Y omwuI4 W -JNOIs 60S6p h�u� 6 30r3858547 . 6530 560 FAX oR t-` -� r� • JE F Fft CZLR0YLAW.NEr eer 6 t •< -t*eo %9,nk SQ;T A,S Ali * IN C 1 I I u Fax 1 TO/ Jo" M y Ftbhn J9ft t Faso 63053 -7578 ) Da m Nlay 1. 2D07 Pbonm POO*"4 Re; Letter of Obi CGS WA ) 1 0 unwt x f'or Review ❑ Memo emwne rt p Please Reply O Pease Recycl ) t •Comments t Jackie - Attached i :; Phase find my letter * Wm tO be ditbuted to the Couna7 1 ASAP. Please contac,# me V you - have eny qjwMons. t Thank you for your help in this matter, 1 aR tr�� I co y Ob i 4iNr�ck t A A-"r I ' A I At, Cm 0 i 6 303858966 J$FF MC$LROY X0071 P.002 /004 r1ra FaCSIMBe To: Jackie MlwhevMd Yorkville City Clerk ) From: Jeff L. McElroy Dom: May I 2007 i RE: Election Letter of Objection It has come to my attention that Arden "JOe" Plocher was iiot a resident of Ward 2 at the time he filed his nominating petitions and during bis repeat campaign for Alderman. See attached supporting documentation. I would ask that the swearing r Of Mr. Plochcr be delayed until an n adoqu$te investigation can be mach The county has indicated to me that the time to chall > election code has passed. However, the Election � ion Code also pro vides �.[a] person is tinder the rot eligible for the office of alderman of a ward unless hat °II r e s i ded in the ward that the person seeks to rvpre$W ... at least one yM next prec ect ion or aPPointmmt." 65 II.CS 5/3.1 -10-5. odrng the e elect Our Supreme Court has shall sUPPorted the oo MV3 assertion that a post- :lecdon challenge to a candidates' petition is unwed, However, the Court shares my distam for actions similar to those of W Plocher as tvideneed by its conclusion in Geer v. Kadera stating, "[an] incorrect Cott of his residency has so far remained ! in � from Judicial rams. That the law abhors a fraud is a truism which mpq res no citation to authority. That the law will not tolmato an intruder's usurpWon ! means of a misrepresentation is an equally VMmble," Geer v arla K g 671 o o ffice 692, 700 (M. 1996). Although I do not have grounds to CWMv tie results at this time, Mr. Plocher certainly does not meet the fMxjaMMW residency I ask that he not be installed as ward 2 requir to servo as a city officer. J receive 36% of the vote in that last election d May be eons ' fi11lthis i vacancy on the Council.. Thank you for your time and eonsidaetion of this requ est. ddrititional lqPe t issue without the need for litigation. Should yon have an a n r pie this 1 contact me at 630/651 -2216. y quest please 1 1 Akkrm:m oolmsld �� i � �� °erg Alderman Besco City Amy Wyeth i } vw F .6u - r To- ladde } � JeWL.. McFboy >AY 1. } = E 1 4M of � ect;aa hu cotaa to Iny i ' Foe at the dt e he fo his no mImmmi pt>tioas m d dwmg hls sscmt mot a rcrid of Wan! 2 see otMr. b'° deyYtd �m�d1 w"w a dw th on adegas* Y M* L iEamaa on be wsdo. gwbwL i °OU6q' iws iadicasgd to tas tLa time to r hb } i Aowava; the P.Iaatioa CO& Sim po�,kk, t� �� � tbo Out , that awe of skim== = of a wand ttttkes that Pmum has .,� � to m ... at man p Tear acm � , ... . , . s tit " 6S >sS 513.1 -Las. moo or } for m r a. p p mom , t6 - doct;a� "�� to throe of Mr. s my dismia } Y"Wora ,mo oed by iu 0 00cltvion;a Cov v. Seim jadje� his bas sn far temeals„� i } r Ealjop atdodty. lb tt the law a71 qo� eo1 a fraud b a UUUM wt� nqyhM un } 7W � � � s K447 671�d ' A tlboagb 1 do not Lm $roams t oa't�mly does not mce t � these resnlb at this time, Mr. PIOCb 1 rift dl ha not °02 Ald der tO4asstaonool 6o acres K3 A City offimr. eooelvo XPA of the, � ]aist dOdo4°u1d 0 vacancy as the Cow tU e „ata t "a for your time sad °cCsida'adoti of this 630 f o 6�000' Sb=W M hire any � �' 1 ) } S ackiff w. - *>a -mwt awd Sam cam w�,� i 1 EXHIBIT i 1 r r Form UC -45.6 �ltlrlOiS srerw w 1 .latwaiy f9D9 Limited UW111ty Company Act Jos" whito APPRAftO fOr A to Tr M SS MWnara 8ecretasy or aft FILED oeAa ff*M of susinoss 5asvias ummd Li*%iy Company We" mob ;, MAR 2 7 2001 f!wom 359, Howioit i3uitd'mp 1 Bprwugntd, IL 62M MAN Av~sww.brs e►.wrasaer httpJNvw,w.a�os.stataat.us o�a3 � a7—O/ Payment must be made by jewNed +tie i 10053530-3 JESSE WHITE cheek,. cashier check. Pfl nofs mr4hr $w SECRETARY OF STATE 1 altaamp CPA's dmkur moftyor. ft"1vbt der, payaNtto SscmaryOfstate. 1.triNW Liability Company name: t (Must wmpiy Rid? Steffan 1 -10 of IUCA or arffcfe s betow appllasj 1 2. The assumed name, other than the true company frame, under which the LLC proposes to tmnmt business in Ipirwis is: f h applicable, a tarn t t.iC• 1.20, Appltcaffon to Adopt an Assumed Name, is Tapir d to be compkAod and araftod to Ws ssppUgtlon.) . 3. Federal Employer Identift ellon Number (F.E.1.14.): 39- 1988800 f 1 4. Jurlkdidion of Organization; Wi.smmin pt 1 b. Date of Org an ization; March fi 2000 BAR 2 2041 perpetual 1 S. Period of Duratiarr. (see Ara on W44 1 7. The address, including county, of this office required to be maintalned in ft oosdidlorl of its organization, or if not mquired, of the principal place of business (Post office box alone and 016 are ► unacceptable): /t � (� � t y= ♦ ��,,� . f� 1 - C / O rR� & - `^`"'� =, O.0 .. III Xult XJU=LL�iI A V "URS�`'�. " '^b lL�. f.��i2' 'ya�•H \.''Cr. +r i ' frhra+earl (Sant+) `fs5slsr)� Milroraukee, W s=51 n $3202 . Attu.* .* Scott R. F U=L i+�ilwattkee 1 _. fC �r4) (ZIP COO) X auy) i 1 8. Registered agent da*cwatien S"vic* Wmpany fFlnu (MO�dbAWntJ Pa AME) 1 Registered Office: 700 sough Second stroet PAM") assrtW rsr try (P.O. Box or c10 nom; p? q� Illinois 62704-2516 are tmaaceptabfo} !aryl ( Cap C D*) April 2000 8. The date on which this foreign LLC E4rat did business In Illinois: i i 0 0-3 I.LC -45,5 I 10. The purpose or purposes for which the company is organized and proposes to conduct in this State. Include the business code # (IRS Form 1065). j .7he company Us orgmLzo for any lawful pure, but proposes to crulduct btrainw.8d in UUMis urAw M business code 56200 Waatre Management & Romediation sexviom. J 1 1 11. The Wiled liability c ompaoy is managed by: r{nlanager(s} t ovested in member(s) 12. The Illinois Secretary of Stato is hereby appointed the agent of the limited liability company for service of process under the circumstances set forth In a subsection (b) of Section 1.50 of the iLLCA. 13. This application Is accompanied by a ceMcate of good ttandinp or existence, As well as I a copy of the 01rtic10%of o>; ganlzation, as amended, duty authenticated within the last thirty (30) days, by the officer of the state or country wherein the LLC Is formed. I 1 14. It the period of duration Is a date Certain and is not stated in the Articles of Organization tram the domeadc state, a copy of that page from the Operating Agreement statingthe date I must also be submitted. 1 15. The undersigned affirms, under penalties of perjury, having authority to sign hereto, that this application for admission to transact business is to the beat of my knowledge and belief, true, correct and complete. i i Dated Xarr-h�c�,� 2001 Vey) rr� 1 � . s-�a aruCa) 1 Charles J. mtnrntrv, tdanager . lrypeaprbtnsnwarrdd�er) . 1 1 '(qap te � rt �dlran ► aN s p y of LLr 1 1 1 " please refer to 8edlons 178.20(d) and (e) of the Adminisfraliva Rules 1 I I 1 I I ) i United City of Yorkville I J2 G� County Seat of Kendall County 800 Game Farm Road 1836 Yorkville, Illinois, 60560 Telephone: 630 - 553 -4350 Fax: 630 - 553 -7575 Website: www.yorkville.il.us } March 6, 2009 ) Todd Milliron (via email to tmilli5 101 (daol.com) 61 Cotswold Drive Yorkville, IL 60560 I Dear Mr. Milliron, In response to your FOIA request dated February 25, 2009 (attached), please fmd enclosed I copy of the requested records "any and all email correspondence between City Administrator Brendan McLaughlin and Alderman Joe Besco in the month of May 2008 ". The record we have provided you has email addresses that have been redacted. These individuals have not authorized their contact information to be released to non -City parties. Therefore, the information is exempt under 5 ILCS140 /7 Sec.7(1)(b): "Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy... ". These redactions are authorized by City Attorney Kathleen Orr. Under the Freedom of Information Act, you have the right to appeal this decision to the Mayor, by sending the Mayor a written notice of appeal. You may also feel free to call the undersigned with any y questions that you may have i regarding your FOIA request. i Sincerely yours, Bart Olson Assistant City Administrator ) 1 1 ) 1 ) 1 1 i 1 } - - Page 1 of l RE: Working Together? Rhonda Besco Sent: Wednesday, May 14, 2008 3:52 PM To: Brendan McLaughlin 1 Brendan, From what 1 have seen you have done a remarkable job at staying neutral while the great divide wont 1 go away anytime soon. A great leader should be a great unifier most in history had that going for them. Ours ! would have a difficult time chewing gum and walking! Brendan McLaughlin <BMcLaughlin@yorkville.il.us> wrote: Joe — 1 I hear you loud and clear. 1 You are right. I am in the middle of the different sides on the City Council. 1 While it is challenging, I work pretty hard at being neutral and not manipulated for any individual's agenda. I have tried to lay out the issues as I see them and give the Mayor and the City Council my best judgment. } If you ever think I am not doing my job impartially, please call me on it. It is very easy to read into situations and I don't want problems with our working relationship to come up without addressing them head on. Thanks for your straight speaking. I appreciate It. Brendan l From: Rhonda Besco Sent: Tuesday, May 13, 2008 10:30 PM To: Brendan McLaughlin 1 Subject: Working Together? Brendon, I know you are in the middle and for that I am sorry! There is no freekin way under the sun that I could ever work in a productive way with anyone other than Gary or Rose. All the rest have prooven to be pantywastes for the mayors bidding. As for Marty, I know him very very well and I know there had to be a bone for him to suck up to the mayor as quick as he has! I am sure with a little investigating the Inspector Generals office will find out what that bone was! With the bad publicity Yorkville is going to get in the near future, developers and residents wont be quite so happy with their elected officials! As I have said prior, I will serve out my term but my main goal is to protect the citizens and bring I down this whole administration. And I will work beond my abilities to reach those goals! If I have to carry Gary on my back to get him elected Mayor I will, at least the citizens would know they have someone in office that is committed to the people and their needs. Can you tell I have had enough of the crap? Joe 1 1 1 i https: / /mail.yorkville.il.us/owa /?ae= Item &t =IPM. Note &id= RgAAAAAzD %2b2oUk5DTIE... 3/6/2009 1 1