City Council Minutes 2003 11-10-03 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 MONDAY, NOVEMBER 10, 2003.
Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Munns Present (left at 7:40, returned at 7:55)
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Kelly Kramer,
Police Chief Martin, Director of Public Works Dhuse and Finance Director Traci Pleckham
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests back to the renovated and expanded City Council Chambers
and asked those present to enter their name on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Kot asked that item #12 — Internship Manual of the Consent Agenda be tabled. He
stated that the Public Safety section had not been incorporated into the document. This was
moved to the Public Safety Committee Report.
- Alderman James noted that the item #13 — Resolution Consolidating Certain Funds on the
Consent Agenda refers to the United City of Yorkville as the United City of the Village of
Yorkville. Attorney Kramer stated that the item could stay on the consent agenda for a vote and
she would correct the resolution.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, November 24, 2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, November 20, 2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
Administration Committee 7:00 P.M., Thursday, November 13, 2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
Public Safety Committee 6:30 P.M., Thursday, November 20, 2003
Police Department Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To be announced
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M., Monday, November l 7, 2003
City of Yorkville Conference Room
800 Game Farm Road
Mayor Prochaska also noted that the Engineering Department has scheduled an informational
meeting for the Grande Reserve development at 7:00 P.M., Monday, November 17, 2003 in the
City Council Chambers.
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The Minutes of the Regular Meeting of the Citv Council — November 10, 2003 - page 2
PUBLIC HEARINGS
Progress Holdings PUD Agreement
Mayor Prochaska entertained a motion to go into public hearing for Progress Holdings request for
a Planned Unit Development Agreement for the 3.21 acres located at the southwest corner of
Route 34 and Route 47, Yorkville, Kendall County, Illinois. So moved by Alderman Sticka;
seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
Please see attached Report of Proceedings taken before Chris Visla, C.S.R. from Depo Court
Reporting Service for the transcription of the public hearing.
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Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Sticka; seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
CITIZEN COMMENTS
Kathy Koteles, 107 E. Main Street, expressed her support of the Architectural Overly District.
She stated she had discussed this with some of her neighbors and they are in favor of some sort of
restrictions as to the appearance of businesses in the area. She stated she did not want the overlay
district to look like a downtown commercial area because of the homes in the area.
Ralph LeGrand, 311 Church Street, also expressed support for the ordinance. He asked the
Council to take a second look at it and make improvements as recommended. He stated that as a
concerned resident of Yorkville he would like someone to make sure buildings are maintained
and that businesses already operating in the area make any changes that need to be done.
_ PRESENTATIONS
None.
CONSENT AGENDA
1. Ordinance 2003 -70 — Modifying subdivision name from Menard's Residential to
Prairie Meadows - authorize the Mayor and City Clerk to execute
2. Ordinance 3003 -71— Amending Section 4 -1 -1 of the United City of Yorkville City
Code regulating open burning — authorize the Mayor and City Clerk to execute.
3. Well #7 Change Order — approve change from a temporary water supply from a
shallow well to the United City of Yorkville's Water System resulting in a $16,500.00
reduction in cost.
4. Appletree Court Roadway and Utility Improvement Change Order — approve
decreases in water service connections, aggregate base repair and supplemental
watering in the amount of $4,362.75
5. Wells #8 & 9 Treatment Facility — approve Pasquineli Development Group's bid for
an additional $7,300.00 to brick all sides.
6. Water Reports for August 2003
7. City Hall Parking Lot Change Order — approve in an amount not to exceed $1,285.00
to replace light pole.
8. Standard Equipment Company Proposal for Yard Waste Collector — approve in an
amount not to exceed $35,557.00
9. Police Reports for September 2003
10. Resolution 2003 -40 — Authorizing the establishment of a checking account at Old
Second National Bank for the recordation of documents - authorize the Mayor and
City Clerk to execute.
11. IMLRMA Renewal for 12/31/03 - 12/31/04 — authorize the Mayor to execute in an
amount not to exceed $113,080.00
12. Resolution 2003 -41— Consolidation Certain Funds: South Sewer ($10,674.00) &
Working Cash ($111,569.00) - authorize the Mayor and City Clerk to execute.
Mayor Prochaska entertained a motion to approve the Consent Agenda as modified. So moved
by Alderman Besco; seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye
The Minutes of the Reeular Meeting of the Citv Council - November 10. 2003 - uage 3
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the City Council meetings
from October 28, 2003; seconded by Alderman Munns.
Motion approved by a viva voce vote.
A motion was made by Alderwoman Spears to approve the minutes of the Committee of the
Whole meetings from September 16, 2003; seconded by Alderwoman Burd.
Alderwoman Ohare noted that her named was spelled incorrectly on the first page of the minutes.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated November 6, 2003 totaling the following amounts: checks in the
amount of $607,164.12 (vendor); $121,889.11 (payroll period ending 11/03/03) for a total of
$729,053.23; seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
REPORTS
MAYOR'S REPORT
Grande Reserve Meeting
Mayor Prochaska reiterated that there will be a Grande Reserve Informational Meeting on
Monday, November 17, 2003 at 7:00 P.M. in the City Council Chambers.
Goal Setting Workshop
Mayor Prochaska suggested two possible dates for the City Council Goal Setting Workshop,
December 13, 2003 or January 10, 2004. The Employee Assistance Program (EAP) will supply a
moderator and they suggested a one -day workshop which will take about six hours or two three -
hour sessions. Mayor Prochaska suggested a one day workshop. The Council discussed the dates
and it was recommended to have the workshop after the first of the year. Mayor Prochaska stated
that he would contact the EAP about the January date.
Coffee with the Mayor
Mayor Prochaska reported that he would be hosting Coffee with the Mayor on November 1, 2003
at Function Junction from 9:30 to 11:00 A.M. He also stated that if anyone was interested in
hosting Coffee with the Mayor they should contact him and he encouraged businesses on the
south side of town to host.
New Entry Signs
Mayor Prochaska reported that the new entry way signs had been delivered and pointed them out
in the City Council Chambers. He stated that two will be set on Route 34 on the western and
eastern boundaries. Another will be placed on Galena Road.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator Graff reported on the Special Census. He stated that interviews for census workers
were beginning, ninety -four applications have been received so far, applications were still being
taken and testing and training is scheduled to begin next week. The preliminary census should be
available around February. Mayor Prochaska noted that City Hall furniture such as tables have
been moved temporarily to the census office in Countryside Center.
FINANCE DIRECTOR'S REPORT
No report.
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The Minutes of the Regular Meeting of the Citv Council - November 10. 2003 - page 4
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DIRECTOR OF PUBLIC WORKS REPORT
Leaf Pick -up
Director of Public Works Eric Dhuse reported that the last leaf pick up will be held the week of
November 17, 2003. He asked that everyone have their leaves at the curb on Monday morning.
Mill Street Water Main
Mr. Dhuse reported that the Mill Street watermain samples passed their test so the contractors are
switching existing services to the new main.
-- Liberty Street
Mr. Dhuse reported that the curbs were poured on Liberty Street watermain project today.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Mayor Prochaska noted that the Executive Director of Parks & Recreation Laura Brown was
attending the Park Board meeting taking place at the Riverfront Building. Alderman Sticka stated
that he stopped in at the meeting and there were about fifteen people from Country Hills
subdivision to discuss the new park.
COMMUNITY & LIAISON REPORT
Outer Belt Corridor Prairie Parkway Study Group
Alderwoman Burd reported that she attended the last Outer Belt Corridor Prairie Parkway Study
Group meeting. She stated that the recommendation being made to the Illinois Department of
Transportation (IDOT) is that the county will recommend that whenever there is a hint of a
beltway being planned, an advisory group be formed. Members of the group can only belong if
they fall into a 1 ' / 2 mile buffer along the proposed parkway and it will be made up of the county
and municipalities, each having a 50150 say in the committee. She explained the group's
structure. In the matters of zoning, a municipality can override the advisory group's
recommendation by a super majority vote. The recommendation to IDOT will be the pilot statute
for the entire state with regards to all outer belt developments. She also stated that this program
has not been reviewed by the Illinois Municipal League and that there will be a public hearing in
Yorkville on December 19, 2003 regarding the study.
Technical Advisory Group
Mayor Prochaska reported that he attended that Technical Advisory Group working with IDOT
on transportation needs. He represents the mayors and managers of Kendall County. The group
is dealing with future growth potential such as population and jobs. He had a concern that the
county population (80,000) being used in the draft which projects to the year 2030 is too low. He
has made a request to the other municipalities involved to look at their comprehensive plans and
submit more accurate numbers to IDOT. He felt that the inaccuracy of the number could result in
a "transportation nightmare in Kendall County." Mayor Prochaska explained that representatives
from DeKalb, Grundy, Kane, LaSalle and Will Counties were invited to be part of the group.
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Southwest Fox Valley Telecommunication Consortium Meeting
Mayor Prochaska reported that he attended the Southwest Fox Valley Telecommunication
Consortium Meeting in Alderman Sticka's absence. He stated that the City has a draft of the
rules for the operation of television equipment and for programming on the public access cable
channel. If the City would like to televise its meetings, it would have to have someone trained as
a producer. Waubansee Community College (WCC) will be offering classes for college credit
and only a certified trained producer will be able to use the equipment to televise the meetings.
The Consortium asked the municipalities to have their attorneys review the draft by their next
meeting on December 4, 2003. Mayor Prochaska asked Attorney Kramer to review the
document. He invited anyone interested in becoming a producer for the City to contact him. He
asked that the Council discuss a policy for a producer at the next Committee of the Whole
meeting.
_ COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Professional Service Industries
Evaluation of Heartland Circle Pond Liners
A motion was made by Alderman Besco to approve Professional Service Industries, Inc. to
evaluate Heartland Circle retention pond liners for an amount not to exceed $6,400.00 and to
authorize the City Engineer to sign the agreement; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye
The Minutes of the Resular Meeting of the Citv Council — November 10. 2003 - Daue 5
Grande Reserve- Plat of Easement
A motion was made by Alderman Besco to approve and accept the Plat of Easement for the
Grande Reserve Project for Well #8 and to authorize the City Engineer, the Mayor and City Clerk
to execute the documents; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -8 Nays -0
Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
Intern Manual
A motion was made by Alderman Kot to table the Intern Manual until the next City Council
meeting on November 25, 2003; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye
Disposal of Property to Yorkville High School
A motion was by Alderman Kot to approve the disposal of technology equipment to the Yorkville
High School as presented by the Chief of Police; seconded by Alderman Sticka.
Alderman Kot noted that the donation consisted of a server and router obtained through a joint
grant with the School District. The students are presently using the equipment and the City does
not have a use for it.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Mayor Prochaska made note that there are currently seventy chairs in the expanded chamber and
he would like to purchase more so that the chamber would have 100 chairs. He also stated that
staff will sit behind the Council at tables which are currently being used by the Special Census
office. The Council also discussed the positioning of their desks and a table for the press.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session to discuss:
• The purchase or lease of real property for the use of the public body and
• To consider the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees to hear testimony on a complaint lodged against an
employee to determine its validity.
He asked that the City Clerk, City Administrator and City Attorney be included in the session.
He also noted that there may possibly be action taken after the session on the first item. So
moved by Alderwoman Burd; seconded by Alderman Munns.
Administrator Graff stated that the Director of Public Works Eric Dhuse should be included in the
first session.
�- Alderman Munns withdrew his second. Alderwoman Burd withdrew the motion.
Mayor Prochaska entertained a motion to go into executive session to discuss:
• The purchase or lease of real property for the use of the public body and
• To consider the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees to hear testimony on a complaint lodged against an
employee to determine its validity.
He asked that the City Clerk, City Administrator, City Attorney and Director of Public Works be
included in the session. He also noted that there may possibly be action taken after the session on
the first item. So moved by Alderwoman Burd; seconded by Alderman Munns.
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The Minutes of the Regular Meeting of the Citv Council — November 10. 2003 - Wage 6
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Mums -aye, Spears -aye, Sticka -aye
The regular session broke at 8:10 P.M. The Council took a five minute break.
The City Council returned to regular session at 9:30 P.M
There was no further action taken.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Mums; seconded by
Alderwoman Burd.
Motion approved by a viva voce vote.
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Meeting adjourned at 9:30 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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CITY COUNCIL MEETING
November 10, 2003
PLEASE PRINT
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COMMISSION MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
I
j REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R., R.P.R., on
November 10, 2003, at the hour of 7:00 p.m., at
800 Game Farm Road, in the City of Yorkville,
Illinois.
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D- 679403
REPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 -983 -0030 • Fax 630 -983 -6013
www.depocourt.com
2
1 P R E S E N T:
2 MR. ARTHUR F. PROCHASKA, Mayor;
3 MR. RICH STICKA, Alderman;
4 MR. PAUL JAMES, Alderman;
5 MS. VALERIE BURD, Alderwoman;
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6 MR. LARRY KOT, Alderman;
7 MR. MARTY MUNNS, Alderman;
8 MS. WANDA OHARE, Alderwoman;
9 MR. JOE BESCO, Alderman;
10 MS. ROSE ANN SPEARS, Alderwoman;
11 MR. BILL POWELL, City Treasurer;
12 MS. JACKIE MILSCHEWSKI, City Clerk.
13
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14 A P P E A R A N C E S:
15 LAW OFFICES OF DANIEL J. KRAMER
1107A Bridge Street
16 Yorkville, Illinois 60560
BY: MS. KELLY KRAMER,
17 appeared on behalf of the United
City of Yorkville, Illinois.
18
19 - - - - -
20
21
22
23
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1 (Pledge of
2 Allegiance)
3 (WHEREUPON,
4 proceedings were had
5 which were not
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6 reported.)
7 MR. PROCHASKA: We are now in public
8 hearing. Would you like to, Mr. Joyner, give us
9 a little presentation of what we are being asked?
10 MR. JOYNER: Certainly. Thank you,
11 Mayor Prochaska.
12 This is the southeast corner of
13 Route 34 and 47 where until early this morning
14 the Mobil station stood.
15 We drove by to see it being
16 demolished. We also had an additional acreage in
17 the grassy areas to the south that the City
18 Council annexed in earlier this year, so we are
19 taking that entire corner and cleaning it up and
20 making it look like it should for where it's
21 located in Yorkville.
22 I have -- This is the
23 landscaping plan up here. Also I have eight and
24 half by 11's of the concept plan, which was in
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1 your packet, the larger version of your packet.
2 Does anybody need a copy?
3 Anybody in the audience? Does anybody in the
4 audience want a copy of the plan? Why don't I
5 just pass that around?
6 But essentially what we are
7 doing is folding all of this into a development
8 agreement with three -- three lots.
9 One lot, which is currently
10 shown at the corner, is for a bank, we are going
11 to put the gas station here next to the Union
12 Bank facility, and then Lot 3, also on Route 47,
13 will be commercial space.
14 One of the reasons we are more
15 specific with Lots 1 and 2 than 3 is that we are
16 negotiating very seriously with some -- some
17 tenants, some end - users, for these two sites and
18 so that's why we have more specific uses listed
19 versus here with a more general use.
20 We worked with staff heavily on
21 the plan. We have revised it to incorporate
22 staff's comments, met with Ms. Kramer on some of
23 the other issues, and so we think it's going to
24 be really nice.
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1 We put together a landscape
2 plan; I know that Mike Schoppe is reviewing it.
3 I have not heard anything back from him yet, but
4 I assume we will fairly soon.
5 And with that, are there any
1 I
6 other questions or things you would like to point
7 out?
8 MR. PROCHASKA: I would open the
9 floor to anyone that would like to ask any
10 questions or give testimony to the Council.
11 (No response)
12 MR. PROCHASKA: Hearing none, is
13 there any comments or questions from the Council?
14 Yes.
15 MR. KOT: Just kind of a concern.
16 On that corner we've in recent years seen the
17 Walgreen's built and the Shell Gas station built,
18 and if you notice there's a nice green area
19 that's pretty much been retained there and I
20 personally think it's a nice aesthetic look, you
21 know, as you come into that busy intersection.
22 I would hope that we are able
23 to maintain that or continue that on your
24 property as well.
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1 MR. JOYNER: Yeah. I think if you
2 look at the landscape plan, what we have is a
3 green area all along that corner with various
4 varieties of trees and viburnums and perennials,
5 so I think you will be happy with how that looks
6 based on this plan, and of course if Mr. Schoppe
7 has any changes, we will incorporate those as
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8 well.
9 MR. PROCHASKA: And I want to point
10 out that, too, on some of those other properties
11 I'm not exactly sure where everything falls at,
12 but some of that is there because of the planned
13 expansion of the intersection by IDOT, so that's
14 why some of that is there, and so they also would
15 have to do that in order to keep space available
16 for future development.
17 MR. JOYNER: And just so you know,
18 Alderman Kot, we have submitted plans to IDOT to
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19 get their feedback so we can incorporate their
20 long -term plans.
21 The preliminary -- We have not
22 had a written response, but preliminarily we have
23 heard that what we are doing is consistent with
24 what their plans are for the intersection
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1 improvement.
2 MR. PROCHASKA: I have just one
3 quick question. You show a little road going off
4 to the right there. Now, does that connect into
5 the existing parking area?
6 MR. JOYNER: This road?
7 MR. PROCHASKA: Yes.
8 MR. JOYNER: Yes. It's a cross
9 access into the Jewel, Yorkville Marketplace
10 development, so that will help with internal
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11 circulation, as we all get annoyed doing in other
12 places, going out of the main drag, back to some
13 other side to get into some side developments.
14 MS. KRAMER: And to address that
15 issue further, this would be a property that's
16 part of the development agreement with the Tucker
17 Development, so we have spoken with Mr. Joyner
18 and he is agreeable with all the parties sitting
19 down and talking to the people at Jewel about the
20 cross access easement.
21 MR. PROCHASKA: And Tucker.
22 MS. KRAMER: Tucker, and also Jewel,
23 because they are the one who is going to probably
24 object to the crossing access easements if anyone
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1 were to object.
2 MR. PROCHASKA: Okay.
3 MS. KRAMER: But we're hopefully
4 going to get everybody sat down at a table to
5 discuss the matter.
6 MR. STICKA: Question. Is the
7 20 -foot setback for parking per ordinance?
8 Something tells me it's supposed to be more than
9 that.
10 MR. GRAFF: No, it's not. The
11 20 -foot setback, you are talking about on
12 Route 34? No?
13 MR. PROCHASKA: 47.
14 MR. GRAFF: 47. I know at both
15 locations, 34 and 47, our ordinance states that
16 the setback.
17 MR. STICKA: I remember that the
18 other night we caved in and gave them a smaller
19 setback, because they were going to have trouble
20 making their design fit into their property.
21 MR. GRAFF: Correct. They asked for
22 a 14 foot.
23 MR. STICKA: And so I am assuming
24 that on Route 34 we are going to kind of maintain
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1 that same space, but on 47 why would we need to
2 do that?
3 MR. GRAFF: We don't probably. I
4 think it's going to get addressed in regards to
5 some of the reviews.
6 If they are showing some type
7 of, you know, need in regards to more opportunity
8 for commercial and for traffic and safety, it
9 might be something to consider, but at this point
10 it's probably open for discussion yet in regards
11 to it.
12 MR. STICKA: I can't say for sure
13 because my memory never stands up that well, but
14 I think I voted no on that.
15 MR. PROCHASKA: I think part of the
16 issue with that one was there had been some okay
17 of the plan because there was -- of the --
18 MR. GRAFF: Alleged site plan.
19 MR. PROCHASKA: The way the
20 wording -- Right. But this, you are right, we've
21 caught this before. The final engineering and
22 design is being done, so I would suggest that we
23 could work with this one, try and make it work
24 with the rest of the stuff along 47 there.
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1 MR. JOYNER: Yes.
2 MR. GRAFF: And one of the things we
3 have to be concerned about, too, with the cross
4 access agreement, the city is going to be taking
5 probably the same position IDOT'S going to be
6 taking in regards to this intersection.
7 I believe it's a seven lane
8 cross intersection is what is being proposed, and
9 for public safety purposes, is you do not want to
10 have a full access in regards to this
11 development, and part of that, that's going to be
12 an argument in regards to why the cross access
13 agreement is going to be something the city is
14 requesting with Jewel.
15 I do know that the Tucker
16 agreement with Jewel has limited cross access
17 agreements to anything that would be in
18 competition with Jewel, convenience stores and
19 things like that, so that is part of their
20 agreement with their lease, but talking to, you
21 know, IDOT, it's going to end up being a safety
22 issue and IDOT is going to be recommending that
23 they would use Landmark as their main entrance
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24 into a full access entrance and also Marketplace j
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1 Drive as their full access.
2 So Dan Kramer basically states
3 that the argument then will be to the Tucker
4 piece is that we will be putting it in for public
5 safety purposes, so you might see some language
6 in the future coming up that will actually look
7 at some in regards to us using our eminent domain
8 condemnation proceedings for this, and it's
9 mainly probably to get the best access for this
10 property and also to probably leave the Tucker
11 Development with Jewel.
12 So just to forewarn, I know
13 staff will be recommending that the full access
14 points to IDOT be at those two locations, even
15 though they have full access now at the Mobil
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16 station and that is sort of, you know,
17 grandfathered in when you buy a piece of
18 property, due to the fact of the total
19 redevelopment, the developer is willing to agree
20 with us to do right -in, right -out as long as we
21 get full access from, cross access with the
22 development.
23 MR. PROCHASKA: The adjoining
24 development space.
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1 MR. GRAFF: Adjoining.
2 MR. PROCHASKA: And I would agree
3 from a safety point of view it would just make
4 sense that you don't want to have a lot of
5 left -hand turning right there.
6 MR. JOYNER: I think -- I'm not
7 sure, we talked about the consent decree for
8 asking Yorkville ordinance going forward and
9 having a cross access put in.
10 MR. GRAFF: Right.
11 MR. JOYNER: And then Tucker doesn't
12 have Jewel mad at them either.
13 MR. GRAFF: I hate to use the word
14 friendly condemnation, but that would sort of be
15 the word to use.
16 MR. PROCHASKA: Well, I guess we'll
17 see how the discussions go --
18 MR. JOYNER: Right.
19 MR. PROCHASKA: -- because that may
20 not be needed.
21 MR. JOYNER: Right.
22 MR. PROCHASKA: Okay. Is there
23 anyone else? Yes.
24 MS. BURD: Just a couple questions
Depo Court Reporting Service (630) 983 -0030
13
1 about the buildings that are going in here, will
2 they keep the same kind of design feel to them as
3 the Jewel Marketplace or will have they different
4 kind of designs?
5 MR. JOYNER: I really couldn't tell
i
6 you at this point because we aren't sure exactly
7 what the tenants will be.
8 MS. BURD: You are not going to have
9 any specifications on that?
10 MR. JOYNER: We hadn't planned on
11 having any specific covenants at this point. We
12 could look at it, and our hope would be -- and we
13 want to make this one of the corners, so it's
14 very important it looks nice aesthetically, and
15 thought we would leave it up to the designers to
16 make sure it matches in with the area.
17 MS. BURD: And the other
18 question, I notice you have these little islands
19 for right -in and right -out. I was wondering if
20 it would be possible to have an area, I don't
21 know how big they are, but to have, you know, a
22 place to put flowers.
23 MR. JOYNER: I can look into that.
24 MS. BURD: Because we kind of missed
Depo Court Reporting Service (630) 983 -0030
14
1 it on the other one, and I think it adds a lot.
2 MR. PROCHASKA: Rather than it being
3 concrete?
4 MS. BURD: Yeah.
5 MR. PROCHASKA: Good point.
6 MR. JOYNER: I'll make a note of
7 that. I'll talk to the landscape architect,
8 landscape designer, and --
9 MR. PROCHASKA: I think in
i
10 general --
11 MS. BURD: It does add something to
12 it.
13 MR. PROCHASKA: And to your point,
14 Val, in general, you know, again, I don't think
15 we can stress enough, I can't stress enough, this
16 is the front door to Yorkville.
17 I mean, we understand that our
18 boundaries have gone out and they are in
19 different areas, but 34 and 47 is basically, you
20 know, as two main highways intersect right there,
21 is a major importance in what we see there, so I
22 would agree that we would want to look at some
23 kind of if you will covenants or something
24 dealing with buildings.
I
Depo Court Reporting Service (630) 983 -0030
i
15
I
1 I would certainly like to see
2 that they all be masonry buildings and that we
3 look at the landscaping to fit in with the rest
4 of the area around there.
5 MS. BURD: Some kind of awnings like
6 Jewel has looks nice.
7 Also, the very corner part, I
8 realize you can't have a lot of tall things
9 because of the siting adjoining that, but is that
10 another area where we could have floral -- could
11 have flowers?
12 MR. GRAFF: Definitely. That would
13 be nice having that floral look.
14 MR. PROCHASKA: Well, some of that
15 could be less maintenance, too.
16 MR. GRAFF: Yes.
17 MR. JOYNER: It calls for shrubs and
18 various trees to be put there, but there will be
19 some perennials in these spots as well, and we
20 could see about adding more perennials as we are
21 working with Mr. Schoppe on landscaping.
22 MS. BURD: Maybe we could even trade
23 something or -- I don't know.
24 MR. PROCHASKA: Yeah. I mean, I
Depo Court Reporting Service (630) 983 -0030
16
1 think you have given some directions to our
2 planner, so that's --
3 MS. BURD: I mean, I think that
4 would be a nice touch, like everything going on
5 in Chicago municipally, you see all the flowers.
6 It's just gorgeous.
7 MR. JOYNER: My clients are well
8 aware of this being the front door to Yorkville
i
9 as the Mayor said, and we want to make it look
10 nice so we can do other projects and you will be
11 happy with what we do for you.
12 MR. JAMES: I've got a question
13 about the stormwater detention. It talks about
14 that you are going to be using the existing
15 underground system and there is a concern that it
16 might not be -- the existing sewer system might
17 not be deep enough.
18 What are your plans for, you
19 know, basically once you start working on this
20 and you find out it's not deep enough and there
21 is a concern about water backing up or, in
22 addition, you are putting a car wash in there, so
23 you are going to be adding, you know, to that
24 system and you are using, you know, the existing
Depo Court Reporting Service (630) 983 -0030
17
1 underground system as your main source, and if
2 it's shallow, I think a main concern is, you
3 know, overflow and backup onto the streets.
4 MR. JOYNER: We met with the city
5 engineer on that issue and basically worked
i
6 through it.
7 His concern was if we were
8 going to be hooking up this way, I guess into
9 Route 47 it would be an issue, but we're going to
10 be hooking into the Jewel detention from -- you
11 know, from here, and so he thought that -- that
12 issue probably would not be -- that would not --
13 that would not be an issue, so it was really a
14 matter of where he thought we were going to be
15 hooking in, on the street or with Jewel.
16 MR. PROCHASKA: Are we still
17 planning on putting some underground -- the
18 underground --
19 MR. JOYNER: Yes.
20 MR. PROCHASKA: -- storage tanks?
21 But that's new stuff, that's not existing.
22 MR. JOYNER: Right. There is some
23 new detention that's being put in on Lot 3, so
24 it's a matter of where water goes after that.
Depo Court Reporting Service (630) 983 -0030
18
1 MR. PROCHASKA: Right.
2 MR. JAMES: It could be like
3 underground holding tanks?
4 MR. JOYNER: There needs to be
5 concrete blocks that are put in, and it kind of
6 builds a detention into the parking lot, I don't
7 know about building over it and that, so that
8 will hold the water and it will go into the
9 Tucker Development detention system after that.
10 MR. GRAFF: And Joe has looked at
11 this and talked to the manufacturer and looked at
12 the specifications for this underground storage,
13 and at this point it seems to be a very workable
14 solution, especially in a high profile corner
15 where we want to maximize the ability for
16 commercial to get built and parking lots.
17 The one thing that Joe did have
18 a concern from his memo, and I know talking to
19 him, was that we had five -feet depth and it all
20 depends on how it's going to be designed in
21 regards to providing proper flow rate out of the
22 stormwater area, and so Joe is just highlighting
23 that it's something that engineers have to be
24 aware of when they are setting up this
Depo Court Reporting Service (630) 983 -0030
19
1 underground storm system, and they do have
2 manholes and inspection areas, so we will be able
3 to go in, we know it's in a parking lot, we,will
4 be able to go in and inspect and see that it's
5 still functioning and working properly.
-1
6 MS. OHARE: I just have one simple
7 question. It mentions the sidewalks. Those are
8 something that won't be put in until after IDOT
9 has made their decision or something?
10 MR. JOYNER: That was the idea
11 rather than --
12 MS. OHARE: Okay.
13 MR. JOYNER: -- putting it in and
14 tearing it out.
15 MS. OHARE: At a later date.
16 MR. JOYNER: Yes.
17 MS. OHARE: That's correct?
18 MR. JOYNER: That will be in the
19 development agreement.
20 MS. OHARE: Correct.
21 MR. GRAFF: IDOT requires that if
22 it's on the site plan approval by us, then when
23 the project comes in for the IDOT work, then it
24 becomes part of their project cost and we end up
Depo Court Reporting Service (630) 983 -0030
20
1 negotiating with IDOT in regards to paying for
2 that sidewalk, so --
3 MR. PROCHASKA: And Mr. Pace will
4 turn it over to the --
5 MR. GRAFF: Correct, to the
6 developer.
7 MR. JOYNER: Thank you.
8 MR. PROCHASKA: Anyone else?
9 (No Response)
10 MR. PROCHASKA: Hearing nothing, I
11 would entertain a motion to close this public
12 hearing.
13 MR. STICKA: So moved.
14 MS. OHARE: Second.
15 MR. PROCHASKA: Moved and seconded.
16 May I have roll call, please?
17 MS. MILSCHEWSKI: Besco.
18 MR. BESCO: Aye.
19 MS. MILSCHEWSKI: Burd.
20 MS. BURD: Aye.
21 MS. MILSCHEWSKI: James.
22 MR. JAMES: Aye.
23 MS. MILSCHEWSKI: Kot.
24 MR. KOT: Aye.
Depo Court Reporting Service (630) 983 -0030
21
1 MS. MILSCHEWSKI: Munns.
2 MR. MUNNS: Aye.
3 MS. MILSCHEWSKI: OHare.
4 MS. OHARE: Aye.
5 MS. MILSCHEWSKI: Spears.
6 MS. SPEARS: Aye.
7 MS. MILSCHEWSKI: Sticka.
8 MR. STICKA: Aye.
9 MR. PROCHASKA: Motion is carried.
10 Thank you very much.
11 MR. JOYNER: Thank you very much.
12 Appreciate it.
13 MR. GRAFF: Just for scheduling
14 purposes, we are ready to recommend this back to
15 COW for approval?
16 MR. PROCHASKA: I would suggest
i.
17 there's been some suggestions made, I would look
18 at seeing if we could get some of those put into
19 the wording and bring it back.
20 MR. GRAFF: Okay.
21 MS. KRAMER: And I've actually
22 reviewed -- Mr. Joyner updated the development
23 agreement, and I will work with him with getting
24 the new language in and then the language he
Depo Court Reporting Service (630) 983 -0030
22
1 submitted for review from our office, so we
2 should have that ready to go before the next COW
3 agenda.
4 MR. GRAFF: Okay.
5 MR. JOYNER: When is that?
6 MR. GRAFF: Next Tuesday.
7 MR. PROCHASKA: All right.
8 (Which were all the
9 public hearing
10 proceedings had at
11 the date and time
12 aforementioned.)
13 --- 000 - --
14
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Depo Court Reporting Service (630) 983 -0030
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1 STATE OF ILLINOIS )
ss:
2 COUNTY OF LASALLE )
3
4 CHRISTINE M. VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter and Registered Professional
7 Reporter doing business in the State of Illinois;
8 That she reported in shorthand the
9 proceedings had at the foregoing meeting;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said meeting.
14 IN WITNESS WHEREOF I ve hereunto set
15 my hand this __ �__ day of
16 2003.
17
18
19
20 Cl }N
— --------------- - - - - --
CHRISTINE M. VITOSH, C.S.R.
21 CSR License No. 084 - 002883
22
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15:17 16:7 17:4,19,22 Professional [il 23:6
17:24 OHare [9] 2:8 19:6,12,15 right [iil 7:4 9:20,20 12:5
18:4 19:10,13,16,18 20:7 maximize [il 18:15 19:17,20 20:14 21:3,4 profile [il 18:14 12:10,18,21 14:20 17:22
21:11,22 22:5
may [z] 12:19 20:16 once [1] 16:19 project [z] 19:23,24 18:1 22:7
-K- Mayor [3l 2:2 3:11 16:9 one [iil 4:9,14 7:2,23 9:16 Projects M 16:10 right -in [z] 11:20 13:19
mean [3] 14:17 15:24 9 :23 10:2 13:13 14:1 proper [il 18:21 right -out [zl 11:20 13:19
keep [z] 6:15 13:2 16:3 18:17 19:6 properly [il 19:5 road [3l 1:10 7:3,6
KELLY [il 2:16 onto [il 17:3 properties [il 6:10 roll [i1 20:16
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983 -0030
i
United City of Yorkville Multi-Page TM ROSE - Yorkville
November 10, 2003
ROSE [i] 2:10 stands [i1 9:13 turn [i] 20:4
Route [5] 3:13 4:12 8:12 start [1] 16:19 turning [1] 12:5
8:24 17:9 State [21 23:1,7 two [3] 4:17 11:14 14:20
states [2] 8:15 11:2 type [i1 9:6
- S - station [41 3:14 4:11 5:17
S [2] 2:1,14 11:16 -u-
safety [5] 9:8 10:9,21 Sticka [81 2:3 8:6,17,23 underground [7] 16:15
11:5 12:3 9:12 20:13 21:7,8 17:1,17 18:3,12 19:1
sat [11 8:4 still [2] 17:16 19:5 understand [i1 14:17
says [1] 23:5 stood [1] 3:14 Union [1] 4:11
scheduling [11 21:13 storage [2] 17:20 18:12 United [21 1:2 2:17
Schoppe [3l 5:2 6:6 stores [il 10:18 up pol 3:19,23 9:13 10:21
15:21 Storm [il 19:1 11:6 13:15 16:21 17:8
Second [11 20:14 stormwater [21 16:13 18:24 19:24
seconded [11 20:15 18:22 updated [il 21:22
see [81 3:15 11:5 12:17 street [2] 2:15 17:15 uses [i] 4:18
14:21 15:1 16:5 19:4 streets [1] 17:3 using [3] 11:7 16:14,24
seeing [11 21:18 stress [2] 14:15,15
sense [il 12:4 stuff [2] 9:24 17:21 -V-
seriously [11 4:16 submitted [2] 6:18 22:1 Val [il 14:14
set [il 23:14 suggest [2] 9:22 21:16 VALERIE [il 2 :5
setback 141 8:7,11,16,19 suggestions [il 21:17 varieties [11 6:4
setting [1] 18:24 supposed pi 8:8 various [2] 6:3 15:18
seven [il 10:7 sworn [i] 23:5 version [il 4:1
sewer [1] 16:16 system [6] 16:15,16,24 versus [1] 4:19
shallow [1] 17:2 17:1 18:9 19:1
viburnums
Shell [1] 5:17 [i1 6:4
shorthand [31 23:6,8,11 -T- view [11 12:3
show [il 7:3 T [i1 2:1 VITOSH [31 1:8 23:4,20
showing [11 9:6 table [11 8:4 voted [il 9:14
shown [11 4:10 taking [3] 3:19 10:4,6 -w-
shrubs [11 15:17 talks [11 16:13
side [21 7:13,13 tall [1] 15:8 Walgreen's [il 5:17
sidewalk [11 20:2 tanks [21 17:20 18:3 WANDA [1] 2:8
sidewalks [11 19:7 tearing [i] 19:14 wash [i] 16:22
simple [1] 19:6 tells [11 8:8 water [3] 16:21 17:24
site [2] 9:18 19:22 tenants [2] 4:17 13:7 18:8 WHEREOF [1] 23:14
sites [1] 4:17 testimony [il 5:10 willing [i] 11:19
siting [1] 15:9 Thank [4] 3:10 20:7 WITNESS [i] 23:14
sitting [1] 7:18 21:10,11 wondering [i] 13:19
smaller [1] 8:18 thought [3] 13:15 17:11
solution [11 18:14 17:14 word [21 12:13,15
three [21 4:8,8 wording [2] 9:20 21:19
soon [i1 5:4 workable [i] 18:13
sort [2] 11:16 12:14 through [i1 17:6
together (il 5:1 worked [2] 4:20 17:5
source [il 17:1 written [t] 6:22
south [11 3:17 too [31 6:10 10:3 15:15
southeast [i] 3:12 total [i] 11:18
space [41 4:13 6:15 9:1
touch [i1 16:4 -y-
11:24 trade [1] 15:22 year [il 3:18
Spears [31 2:10 21:5,6 traffic [il 9:8 years [il 5:16
specific [31 4:15,18 transcript [1] 23:11 yet [2] 5:3 9:10
13:11 Treasurer[il 2:11 Yorkville [9] 1:2,10 2:16
specifications [21 13:9 trees [21 6:4 15:18 2:17 3:21 7:9 12:8 14:16
18:12 trouble [i1 8:19 16:8
spoken [1] 7:17 true [1] 23:10
spots [i] 15:19 try [i] 9:23
ss [1] 23:1 Tucker [81 7:16,21,22
staff [21 4:20 11:13 10:15 11:3,10 12:11 18:9
staff's [1] 4:22 Tuesday [i1 22:6
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983 -0030
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrat r
From: Joe Wywrot, City Engineer
Subject: Heartland Circle Pond Liner
Date: October 22, 2003
1 Attached find a proposal from Professional Service Industries, Inc. (PSI) to evaluate the
j material used to line the retention ponds at Heartland Circle. The estimated cost of the work
is $6400.
The approved plan calls for a 2' thick clay liner to seal the bottom of the ponds. The purpose
of the liners are to maintain a normal water level in the ponds. Several residents have voiced
concerns because the material looks like topsoil. They are concerned that the liner will not
work, and that pollutants in the stormwater will seep into the ground and contaminate their
private wells. A report performed by the developer's soils consultant found that the material
is adequate for use as a liner. The proposal by PSI would either confirm or dispute the
.developer's report.
This study is required by the proposed easement agreement for the Griesmann property.
Please place this item on the Committee of the Whole agenda of November 4, 2003 for
consideration.
OF
----
1,J
` -•—
10/21/2003 14 :18 647- 931 -7125 PSI ELGIN IL PAGE 02/06
r�
;7 Infomation
.To Build On
f5MIneermo . Consv/Hng • resting j
October 20, 2003
Mr. Joe Wywrot, City Engineer
City of Yorkville
800 Game Farm Road 630 -553 -4350 - Phone
YorkvilJ.e, ill.inois 60560 630 -553 -6204 - Fax
l
Re: Proposal of Field & Laboratory Testing Services
In -place Liner at Detention Ponds at the Heartland Circle Subdivision
McHugh Road & Route 34, Yorkville, Illinois — PSI Proposal No. 042 -111
Dear Mr. Wywrot:
Background
Professional Service Industries, Inc., (PSI), has been advised by your office regarding the
situation that exists at the ponds that have been completed recently at the referenced site. It
.is our understanding that native lean clay has been used to create the liners at the base of
recently completed ponds and that the integrity and the effectiveness of these liners is being
questioned by some of the .involved parties.
I
The following circumstances apparently have aroused the concerns of the neighboring
property owners:
I. The in place natural soils at depths below 4 feet are mostly granular, pervious soils.
2, The liner material used may have contained some organic topsoil with possible farm
nutrients from the past use of the land.
3. The groundwater in the surrounding areas may be higher than the elevation of the
base of the ponds.
4. With generally a dry spell in the weather, water appears to be entering and rising (_
within the ponds leading to the suspicion that it may be flowing in through the liners
from the surrounding areas.
5. In the operational stages of the ponds when the impounded water heights will be
substantial, the concern exists that the pond water may seep into the neighboring
areas and into private water wells,
Scope of Services
It will be the intent of PSI's services to independently evaluate the condition of the in place
liners in the ponds, (a total of two ponds) and ascertain their classification, their organic
content, the in place density and the "hydraulic conductivity", (or facility of water to flow
� I
Prolosslonal Service Industrles. Inc. • 6e5 Tollgate Road. Unit H • Elgln, IL 60123 • Phone 8471931-7110 • Fax 8471931.7125
10/21/2003 14:16 847- 931 -7125 PSI ELGIN IL PAGE 03/06
Proposal. of Field & Laboratory Testing Services
Detention Pond Liners - Heartland Circle Subdivision
Yorkville, Illinois - PSI Proposal No. 042 -111
October 20, 1003 - Page 2
through the medium), Additionally, PSI is proposing to make 3 borings outside the ponds to
get a soil profile as well as groundwater elevation of the surrounding area.
The fieldwork for obtaining relatively undisturbed samples of the in place liners will consist
of liydraulically pushing "Shelby tube" samples using a backhoe that the City of Yorkville
will provide. We anticipate collecting a total of 10 such samples from within the two ponds,
sealing tbern and bring them back to our laboratory for testing.
The three exterior soil borings will be performed using regular truck - mounted drilling
and sampling rig, each to a 25 feet depth. Standard penetration tests per ASTM. procedure
will be performed at depths of every 3 feet interval down. to 15 feet and then at every 5 -foot
interval below. These soil samples will be used to determine the moisture and classification
of soil profile in the area -
The laboratory testing for the samples of the .liner will include die following:
1. Hydraulic conductivity tests (as per ASTM 5064 —90 Method C) on a minimum of 6
samples (3 from each pond).
2. Dry unit weight and moisture contents of all 10 collected samples.
3. Moisture- Density Relationship Test (ASTM D698) on one large sack sample
4. Atterberg Limits and Mechanical Analysis including Hydrometer Analysis for 4
samples that represent the variety of materials encountered in the liner.
5. Classification of all samples using ASTM procedures for visual classifications.
6. Organic content of all samples fhat indicate relatively high in place moisture
contents.
PS1's personnel and equipment will perform all. items of the above listed services With tine
exception of the backhoe mentioned earlier for obtaining the Shelby tube samples. A Truck
mounted drill rig will be used to drill and sample the three scheduled borings.
]Estimated Fee
Drilling & soil sampling with a truck mounted rig by a crew of two at 3 locations
Including mobi_lization ... @ $.12.00 /foot, total of 75 feet ......... . .............$900.00
• Cost of 10 Shelby Tubes (@ $40 each) plus PSI's technician's time ($45 per hour)
Estimated 8 hours ......... . ......... ............................... $760.00
• Laboratory Testing:
Hydraulic Conductivity (ASTM D5064) — 6 @ S600 each .......... $3,600.00
M -D Relation ship Test (ASTM D698) .......... ........................$120.00
Dry density & Moisture on Shelby samples (10 @ $20 each)...... $200.00
Atterberg Limits & Hydrometer tests (4 @ $65 /each) ............... $260.40
• Preparation of engineering report by a P.E. ( 6 hours @S85/hour) ...... $5
Estimated total cost of services ........ . ... . ............................. $6,400.00
10/21/2003 14:16 647- 931 -7125 PSI ELGIN IL PAGE 04/06
Proposal of Field do Laboralory' .Testing Services
Detention Pond Liners - Heartland Circle S
Yorkville, Illinois - PSI Proposal No. 042 -111
October 20, 2003 - Page 3
Schedule
PSI will proceed with the work and issue the report of our findings and recommendations
only after receipt of a signed copy of this proposal intact, As an alternate, authorization
can be provided by a purchase order that specifically references this proposal (042 -111).
A copy of.PS1 General Conditions are enclosed herewith and incorporated into this 3
proposal.
It is estimated that our services can be completed within 15 working days widi the exception
of the hydraulic conductivity tests that may take up to 2 months to complete, The time for
completion of these tests depends on the nature of the clay and how Ast/sl.ow water
permeates through them.
PSI appreciates the opportunity to offer its services to your project and looks forward to
working with you during the design phase.
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
Alt
et (Al) Rahman, Ph.D., P.E.
Ge hnical Department Manager
l
Jac alun.
Man er, Elgin Branch
Attachments:
Proposal Acceptance & Project Data Sheet
General Conditions
10/21/2003 14:18 847- 931 -7125 PSI ELGIN IL PAGE 05/06
Proposal of Field & faborruory Testing Services
Detention Pond Linery - Heartland Circle Subdivision
Yorkville, .Illinois - PSI Proposal No. 042 -111
October 20, 2003 - Page 4
PROPOSAL ACCEPTANCE:
AGREED TO, THIS • DAY OF , 2003.
BY (please prbt!):
TITLE:
COMPANY:
SIGNATURE:
PRO.IECT INFORMATION:
7. Project Name:
2. Project Location:
3. Your Job No: Purchase Order No.:
4. Project Manager: Telephone No.:
5. Site Contact: Telephone No.:
6. Number and Distribution of Reports:
() Copies To: () Copies To:
Attn: Attzi:
( ) Copies To: O Copies To:
Attn: Attn:
7. Invoicing Address:
Attn:
8. Otber Pertinent Information Or Previous Subsurface Information Available:
10/21/2003 14:18 847- 931 -7125 PSI ELGIN IL PAGE 06/06
City of Yorkville
0clobcr 20, 2DO3 +
Page S
GENERAL CONDPTJONS
t. PARTIES AND SCOPE OF WORK? hoftasloeol 3WAW Industries, Inc. (hoein■Rri raRarod As a1'TSr') allkli include add eompttiv or lip pnrtind■ di- ision, wholdlary of RlDltaot. pr'fom'iAe Iha
work. "Work" mew the speckle R"iteh.)tel, anhiyttcd, trsting or other cam- to be porforratd by PSI et sd nomb in PSV, pr0po%mk Client's ectgn.sce thereof safe duets rAneral Cond4i00. Addilional
�I work mdrAA by Client ►bsll Alic be oubiect to their Generd Crtadllloet. "Cllenl" refers to the person an enwinrn erllly ordeplAe the —we to be done by PSI. If Cllem In mderhig (ht vrork an bch.lf of another,
Cllohl nor( bnls And werinnb that it is the d,dy Al"hwItAA Fermi of skid party for the purpmn of ordering nod direetiop told wm'lL Unless arhrty tae slued In writing, Client uwma ale re■ponsihlllly fnr
dnetminmg whether the quandty and Iht notion of the writ ordered by the ellent la aAerrute end fUrBOa.t fa Clienrp Wended p Cll.ni shAll c6mmdaiemo them Gcnnal Cnadlulnns to chch And every
third pally m whom Cllei, IrAmmirs Any pan of PSI's nark PSI FhAl1 hmr, no (hay or obligation 16 eery third prey grcntes then that PCI 11 01111 in PSYI Proposal COent'a aceefaroen dictcef Reid these DAakml
•ConditienA. The e,deAng or wk from PSI, or life reil■nce as Any of PSrF "tit. shall eaathuee a ... ptsnte of flit forms or Put pmposst and these rrenrral Ccmdlllons, terudlest or the forms of prey
j .ulm.+cqucntly i—ed dnmmepr,
L TESTS AND INSPF,(:TIONR: rllent shall muse ell tests And inlpeclion of the site, mnniats And fawk performed by PSI or o(han 10 be timely And pttlperly performed in ac:ard.nee With the plenr,
P0 11- CA1091 and owfRel iloculnentt And PSI'. rccv,nemod.tians, Nn claims rof loss, dftml*# or injury shall by bm,.ght %Plnar PSI by Clkn, or Any third party i mleAa all I..% Rod (rwp,ednep hew bet. Ft.
porroirrred and unlen PSI's iecvmmeaduhe%. havt has follpwed. Cllenl Blom to indemnify, it dead snA little PSI, In e(BrdrL employees and peents hmrnlm boom any axe oil claims, idles, lone, w tt ■ad - !
erpew..A1, leelutolns, ban not limited la court common And nouonahle Allnmey'y rrPA In Ih6 oromt thAr all pugs teat. an d inspccllnns on nor Po redprmod or PSl'1 recommendations me not pp followed except to 111E
aslant that such fo ilurt is the reotll Wthr mepllgpluce, willfdl or %"rfth fq nrom;&%im of PSl its nffitem, Write or empleyAel tithed to the Rooiuimn ermtsinrd In ppmprAph 9. + •
J. SCIFCDULING OF WORK: The prMeet set laid, In PSrs pmpefdl and Client's aeaeptotmo will be RCeemplishN In a 0mely, wsrkmenlike .red pmreFFlonR1 manner by PSI personnel nl the Pricer grmted.
Ir r31 if rego e
itod to emiRy commenecmd or the work rid If, upon emt)Rr41ax upon he work PST is required In top err Inlrmfpf tiro program Af is work its a result of chnngep la Iha scope of the writ rasquaated by
CG.m. to fulfill the ,quina,mi, or third paAlm late—'Offal in the ora�r of conalrucllim, err richer colors beyond the direct ttafonnble wntml or P31, sildidmi al ellnrxo# will he Applicable And porlilt by
client.
A. ACCrSS TO SITE: Client will nnnnge Rod provide Ruth Ate to to the Aire a is necessary far PSI to Parr oom the work. PSI 11in0 tnlm rea+onaile alesuro and prae.utlo.p b minimize dnmrwe b she sit.
.red any imprnvemtriv l0wd Iht000 D die torult *fix work of the ire of es cepipment; how ,.% pS) hit, no( included in 1t ran the nil of renoretlm ordamnele which may eee,rr. If cum, desire w require
PSI to restore doe Cite b in former enndldn., upon wdaea ergheM 191 dill Porfense such additional work a it necestiry in do to ■nel Cltc.i )gRef Ie pay PSI for the wee
S. CLIENYx DUTY TO NOTTPY rehlow it, Client repteseniA end IvArrants that it ha, red i cd MT or Any known or rwpegcd haArdov s mdcriblf, ulil4l Ones note pollurnnq q any Plot At which PSI If to
db wprh heeulldal. And unlax PSI hU Assorded in writing the rnponsibility or tredinp xnlsurrice objecls. de seiorer, lines or a nduiu. Cheat agries In defend, Indemnify And pout PSI bemllem from all edims,
Atlien. Into teal■ trod e.penpra, InelnAlAR renRDnnblc AUOtaCy'1110.1 AA ,mull of pcmannl injury, denth or pmprrly d.mapt a manna with telpocl la PSI * I of. tormance of its "tit And rntimog ,p A ewlsod by
acnlAd with auhaurfate of IAtent objeW, Arucmrer, line ar corlduhs wham the .mml N porenl4l presence and lacetloA Iherevf wen oat revenlael to psi by Client
A. RP,CPONSTHILM; PSI's work doll not inoluds determininee, oupemidng N ImplarotellnR the pieanl, me(hodA, tosh.;Wx,. cgpt"c,t or procedure or x...vued.n. Pit, shall plot be ranponeblo for
cr,Aumfing, reporting or nrRning )rah ennAlllnns ConttralaA 11CA11h, Partly or uvIrAra. PSI's Work or Whire to pcdbrm time dull hnl In srry way errs,Pr, Any eo,Nelor, subcontractor or supplier from•
perR,rmpher, of bs work in aesordnnee with rite wnlmq doaumrnte. PSI hem no right rat line, in tug, thr eomiramor'o work
1. CAM PLC DIS ►OSAI� Unless, ndlerwhe sgNnd Ip wtlNhp, Ia1el ppaeime•p w s.mpba• - ill be disposed ho upon eorariffeeri of the tae. All A.Illtng.amplu err ppgc -rot$ will be erippopad sing (60)
Jaya Aner whmluinn or PSF'a
A. rAYMENTI COerd shall be irwaieed ranee seek easnlh Rot vinrk ptftlmtd slrtrin)t the preceding period. Client mime lu pay each hwoice within th irty (SO) dnys or it, teecipt Client hrrther Agree to pay
inlarnt OR RII Amaim -to Involced And not paid of objoctod to for mlid coven in willing With said thirty ()0) Any paid u the rate of aighsren (IA) Percent per eanum (or the roomlmum Inlacil rile petmlttcd undof
Rpplieabte IAw1 until paid. Client opposes to ray PSI's met of collection or all anmrnts dire and unpaid nner dxly (aR) days lachidlag torrid coprP R.A raponal,lp alt0mey s fen. PSI shalt net he bound by Roy
pmvi■ipn or ngr emicK rquiring in pmvIding err arbitrmlpm air lllpinolta ore contronrplap Irking out of We Apaelaenl Any prwhion wherein PSI -dyes Any tdpittu to A tneehanic(' lien. err Any pmmeNtm
a ndltlondnp PSI's 6#11110 r6t4ve payment for ill oak upeh payment 0, Chem by an third p.rry. Thate Central Cnndilinnt .re natim. where requdvuL pint PSI 1hAll r, a lien Whem" naeeelAry to colloa
post due Amounts. Pdlure In make paymmi wlrhlP ddrly On) day) of 1pwlcc $hell cooililuse A ridaus of rsi (rare any and nil claims Which Client cony have. wheili r in mrL ronaael err Pther - ime Grid Whether
known or unknown Fiala: time.
y. WARRANTY: PSI'S SERVICE$ Wll,t_ RP, PPRPORMF,I). ITS FrN01NGS OBTAINO AND ITS REPORTS rREPARED M ACCORDANCE WiTN ITS PROPOSAL„ CI,iMNT'S hcrPTANCF.
THEREOF, nMSC' GENERAL CONDITIONS AND WITH CBNPRALLY ACCEPTED PRINCIPLES AND PRACTIGF,S. IN PERFORMING ITS PROFESSIONAL SERVICE$ PSI WILL USE TfIAT
DEGREE OF CARP. AND SKILL OKDFNARfLY i MCISF,D UNDSR SIMILAR, CIRCUMSTANCES BY MEMBERS OP ITS PROPESSION. THIS WARRANTY Ill IN LWEI OF At,]. OTHPIL '
WARRANTftS OR REPRESENTATIONS. 6177MR EXPRESSED OR IMPLIED. STATEMENTS MAOP. IN PSI IMPORTS ARV, I)PINION.S RA$F,O UPON ENOR )UDOEb1CNT AND ARE
NOT TO DE CONSTRUED AS RPrR11312MATTONS OP PACT.
SI 4OUI.D PSI 0R ANY OF ITS PROFF3310NAL 6MPLOYEGS DG FOUND TO HAVE 13MN NUGLIGENr M TILE PERFORMANCE OP ITS WORK. OR TD HAVE MApF AND BRI;ACbIF,O ANY
17PRE.SSSO OR IMPLIED WARRANTY, AWROSEKIATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING VIFLOUGH CLIENT ANb ALI. rARTIR3 CLAIMINO TO NAK IN AWY WAY
IMLIED UPON rSI'S WORK AGREE TTIAT 71•-M MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OTTICERS, tMPLOYNES AND AOhvTS SHALL DE LIMITED TO
S25,000.01) OR TNP. TOTAL AM(1LINT OF THP,FEE PAID TD PSI FOR ITS WORK PERFORMED WITH RESPECTTO TIM rROJTCT. WHICIlEVCR AMOUNT IS GREATER.
IN TrlE EVENT CLAM I$ UNWILLING OR UNABLE TO LIMIT PATS L1AP ILrrV IN ACORDANCE wlTR Tut PROY15TONS SET FORTH IN TFIS PARAORArm CISNT MAY, UrON WRITTEN
RIQI)F.ST OF CLIENT RECIVFO WITHIN FIVE ($) DAYS OF CLn T'S ACCErTANCE HISRSOF, INCREASE THE LIMIT OF PSi'S LIABILITY TO 12S0,000,00 OR THP, AMOUNT OF PSI'S FEF
WHICHEM 1S TI•IE GREATER. BY AGRPPTNG TO FAV PSI A SLIM F,QUIVAI,F.NT TO AN ADDII)ONAL AMOUNT OF VA OF THE TOTAL FEE TO BE CHARGED - FOR PSI SERVICES.
THIS CHARGE IS NOT BE CONSTRUED AS 6617 A CrTAROG FOR INgURANCG OF ANY TYPr'DUT IS INCREASED CONSIDERATION FOR THE CgEATPR LIA1111XI f INVOLVED, rN
ANY PVENT, ATTORNEY'S FPP.S P,XMNDFA RY MI IN CD 1 ,1 NF,r,.TION WITH ANY CLAIM SHALL REDUCE TIM AMOUNT AVAILABLE AND ONLY ONE 11) SUCH AMOUNT WILL APPLY �
TO ANY rRO)6CT. '
No ACTION OR CLAIM, WIJETPMR iN TORT, CONTRACT OR OTNERWISG, MAY BE BP.000(1T AGAINST PSI, ARISTNG FROM OR RGLATBD TO PSI'3 WORK, MORE TPIAN TWO p) - -
YGARS AFTER TRP CESSATIDN OF PSI'S WORK HEREUNDEIL,
Ia INORM141TYl 3oNnot s. ohc fore0ninpf 0m61ioas, PSI A" b i hod hold Client IlnnnlnA !morn and alimirim any and All claims, Wit% nosh end a:ap.asn including reaaeretbtn Rnornai t fee. and
canto COIL• nisiny out of P31'p naptiaence to the enam of Isr1 nefuj m e. CI•ratt shall p rvida the same protection to the extent of it nepGgmce. In the rent Ihm Client of Cltenl'A principal shell bring tiny
suit, cnu.e of Actinn, .■mien in enunterelaim Against PSI, the party W11.11np auch acilon Ahnll pay to PSI the errt Aral nopmaes Inere:d by Pitt to InvwlItio K an.wer and Acnmd It, Indpoing r —on.hk .mvncy's
and witness■ Rea and emit coils In the txlam ih.t PSI shell prevdl in .udi Fuh.
11. TERMINATION: This AgnementroRy be ierminged by either pony upon .even (Tt A■ys' prior written noi;m In the mentor lerminntinn. PSI shell he eompensmad by Client the all semites performed up
rot end inelpoing the Ie,minulew duo., IneluAlag relral,n.hlx raprplp n and for the Tmpirlip. orruch Fav'I.ro and tneprdp aid are, Ater6Mry to Place P3Po Rbp 1. nrlor Ahdlnr pro,eei 14 prnfry. rplawid epatalAA,
IT. CMPT.OYP,F.SJWtTN ►S$ PF,R3: PSI's employees als.11 moths restlned AA expert wlmeeles eeeopl by prpmte wrltteo Pgrtemem, Client settees to pay PSI's least erpenpm. arlminlurstive Costs and ftn
pvroutnt to P3('s rhea ailrtot roe tchodvls Form to respond to stty subpoena. COeel AStooa net to hire PSI 'I empteytet except thmith PSI. In the weal Client hlrep n PSI employee, Client shall PRY PSI An
Alnmmi equAl in one.hdfor the crapinyre'I anrrivollmil salary, with PSI univing nlhei remedies It may Imve
13. HAZARDOUS MATERIAL!: Nothing writained within This agreement shall be mruwcd or interpreted ti requiring PSI to u■ume the slat, or on bweel, optvdtor, genelAtor, flavor. traeopprier. Iteuet or
dipposnl FAtIR1y or Ihopo iemts appppt within It.CRA of r.11kle Any Petl-.1 rr SIRIe gmpl6 or .rRit xilo" Royming the Renomdon, IrrnrponNlnn, uvatmrnL ■ler.Se snit dlppap l or relhn■AU, Client noumea fld1
r:ppe..ihUicy For cor pli —M. w;rl. Iola r'w. orfIrKA .red .. nth, Fnt.vaf or Staea p•h.m,. r.psd.r:an pr+.v...i.A rho A.adl;net, ,.rasrator, a,a.■pn and ml;ornphl or pr1hrrah,A.
IA, rROVISIONS SEVFRADLE: The parties have entered lam ibis a.nonent in good faith And It is Iha spedfe inter, or the partial that the tennl of the Oehbmi Cendwitop be asrweod if waitron. In the
event Any of the prwlclonr of these Gentmt Candldons should be found to be unenRwcenhle, h shalt be thicken Phil the mmmdning prwi.lonr sha11 be enfotcooble.
13. ENTIRE AGREEMENT: This oRreoment comtinnat the entire undeAmnding of the oendm. And there are no rquepentartonf, ustrmmltq of tmdbmkinxs ma(hp otbor lhsh Be sot ronh horn ;n• Title RRrmmrpl
may he nmeNled, mrldlRed err IerminnfeA only In wrlling eipned by each dthe pnrlie herero.
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