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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. i 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. i 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. I I ' The Minutes of the Regular Meeting of the Citv Council - November 10. 2003 - page 4 I i 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. i 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. II i 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. I Meeting adjourned at 9:30 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I i CITY COUNCIL MEETING November 10, 2003 PLEASE PRINT NAME: ADDRESS: J Y 'l, VA A)&w,5 f � t o /97 S �" � I K fe�P 5 ,E, �Q,�� J�J 1�) CAEurE C"U -,e � moo, ��, a ��� ST, c��e Jvy�or - 7� Le P14n o SIGNIN 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. i i i 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; ( `I 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 i 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 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of 2 Allegiance) 3 (WHEREUPON, 4 proceedings were had 5 which were not i 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 Depo Court Reporting Service (630) 983 -0030 4 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. Depo Court Reporting Service (630) 983 -0030 5 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. Depo Court Reporting Service (630) 983 -0030 6 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 i 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 I 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 Depo Court Reporting Service (630) 983 -0030 7 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 I 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 Depo Court Reporting Service (630) 983 -0030 8 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 Depo Court Reporting Service (630) 983 -0030 9 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. Depo Court Reporting Service (630) 983 -0030 10 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 I 24 into a full access entrance and also Marketplace j Depo Court Reporting Service (630) 983 -0030 11 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 I 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. Depo Court Reporting Service (630) 983 -0030 12 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 I 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 23 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 23 24 Depo Court Reporting Service (630) 983 -0030 United City of Yorkville Multi -Page 084- 002883 -happy November 10, 2003 agreements [i] 10:17 C.S.R [z] 1:8 23:20 D- 679403 [il 1:22 everybody pi 8:4 -0- Alderman [6] 2:3 ,4,6,7 calls [11 15:17 Dan [il 11:2 exactly [zl 6:11 13:6 084- 002883 [11 23:21 2:9 6:18 car [il 16:22 DANIEL [i] 2:15 existing [s] 7:5 16:14,16 Alderwoman [3l 2:5,8 carried [11 21:9 date [zl 19:15 22:11 16:24 17:21 2:10 caught [11 9:21 dealing [il 14:24 expansion [il 6:13 Alleged [11 9:18 11's [il 3:24 caved [il 8:18 decision [il 19:9 Allegiance [11 3:2 certainly [z] 3:10 15:1 decree [i] 12:7 - F - 1107A [11 2:15 along [z] 6:3 9:24 Certified [il 23:5 deep [z] 16:17,20 F [i] 2:2 ANN [il 2:10 changes [i] 6:7 Definitely [i] 15:12 facility [11 4:12 -2- annexed [11 3:18 Chicago [i] 16:5 demolished [il 3:16 fact [il 11:18 20-foot [2i 8:7,11 annoyed [il 7:11 CHRISTINE [3l 1:8 depth [il 18:19 fairly [i] 5:4 2003 [z] 1:9 23:16 appeared Ell 2:17 23:4,20 design [3l 8:20 9:22 13:2 falls [il 6:11 Appreciate [il 21:12 circulation [i] 7:11 designed [i] 18:20 Farm [il 1:10 - 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roll November 10, 2003 hate [il 12:13 kind [sl 5:15 8:24 13:2,4 meeting [al 1:1,6 23:9 open [z] 5:8 9:10 property [sl 5:24 7:15 heard [zl 5:3 6:23 13:24 14:23 15:5 18:5 23:13 opportunity [il 9:7 8:20 11:10,18 hearing [sl 3:8 5:12 Kot [s] 2:6 5:15 6:18 memo [i] 18:18 order [il 6:15 proposed [11 10:8 20:10,12 22:9 20:23,24 memory [i] 9:13 ordinance [3l 8:7,15 providing [11 18:21 heavily [il 4:20 Kramer [sl 2:15,16 4:22 mentions [i] 19:7 12:8 public [s] 3:7 10:9 11;4 help [il 7:10 7:14,22 8:3 11:2 21:21 met [z] 4:22 17:4 overflow [i] 17:3 20:1122:9 hereunto [i] 23:14 might [al 9:9 11:5 16:16 purposes [3l 10:9 11:5 high [i] 18:14 -I 16:16 _ 21:14 highlighting [11 18:22 Landmark [11 10:23 Mike [i] 5:2 p [3] 2:1,14,14 put [9] 4:115:1 12:9 highway [il 14:20 landscape [al 5:1 6:2 MILSCHEWSKI [91 13:22 1 17:23 18:5 p.m [il 1:9 19:8 21:18 14:7,8 2:12 20:17,19,21,23 21:1 hold [1l 18:8 21:3,5,7 Pace [il 20:3 putting [al 11:4 16:22 holding [il 18:3 landscaping [3 3:23 acket [z] 4:1,1 17:17 19:13 15:3,21 missed [i] 13:24 P hooking [3l 17:8,10,15 lane [i 10:7 Mobil [zl 3 13: 11:15 parking [sl 7:5 8:7 18:6 hope [z] 5:22 13:12 18:16 19:3 - 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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. J