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City Council Minutes 2009 05-12-09 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKV ILLE, ]KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, MAY 12, 2009 Mayor Burd 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 Gilson Absent Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika, Public Works Director Dhuse, Police Chief Martin, Police Lieutenants Schwartzkopf and Hart, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. PRESENTATIONS Mayor Burd presented Alderman Besco with a clock as a token of appreciation for his eight years of service on the City Council. Alderman Besco thanked the present and past City Councils and city staff for their hard work on behalf of the residents. He thanked those who came to the meeting tonight and stated it was very humbling to see everyone. Mayor Burd thanked Alderman Allen for his service to the city since June of 2008. SWEARING -IN Mayor Burd swore -in George Gilson as alderman for Ward I, Gary Golinski as alderman for Ward II; Marry Munns as alderman for Ward III and Diane Teeling as alderman for Ward IV. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Golinski asked Item 42 — Resolution Approving a Revised Policy for Athletic Field Use Policies and Procedures (CC 2009 -42) be removed from the consent agenda and put on the regular agenda. Amendment unanimously approved by a viva voce vote. Mayor Burd requested that Item #1 — Amended and Restated Governing Ordinance Regarding Use of City Equipment (ADM 2009 -30) be removed from the consent agenda and put on the regular agenda under the Administration Committee report. Amendment unanim ously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., May 19, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., June 2, 2009 City Hall Conference Room Administration Committee 7:00 p.m., May 14, 2009 City Hall Conference Room The Minutes of the Regular Meetine of the Crtv Council — Mav 12, 2009 — ua2e 2 Public Safety Committee 6:00 P.M., May 28, 2009 City Hall Conference Room PUBLIC HEARINGS Pulte Home Corporation Pulte Home Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development Agreement dated April 12, 2005 for approximately 285 acres. The amendment would change the timing for payment of city building permit and development fees for residences that are built within that part of the Annexation Property which is zoned for residential purposes. The Residential Property consists of approximately 265 acres north and south of Kennedy Road and north of Route 34, Yorkville, Illinois. Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS Dennis Batdorf thanked the City Council for their proclamation in support of gifted children. He reported that he went to Springfield, Illinois on April 29, 2009 to discuss funding for gifted programs. He also told the City Council that recently he was at the Yorkville Post Office with his daughter who found information on the Ku Klux Klan displayed. He stated that some resident in Raintree Village have received racist mail. He stated that he turned the information over to the Police Department. I Charlie Walker from the Windett Ridge subdivision asked that the City Council arrange for the punch list for the subdivision to be completed at the earliest convenience. He noted that the subdivision is having problems with flooding, overgrown lots, standing water, potholes, etc. He commented that the punch list lacks specific dates for completion and without these specific dates the list is meaningless. He also informed the City Council that Wiseman- Hughes pulled out their sales office, took it to Windett Ridge Road and dumped it. He commented that this was not the action of a developer who is interested in the community. He felt his home was in jeopardy due to the developer who has even declined to attend Ward I meetings. He felt it was time for the city to support its residents and he was offended that a developer was asking the city for a break in its fees. Mr. O'Malley reminded the City Council that they took an oath to represent people and it was time to stand up and represent them not developers. Mark Johnson from Yorkville quoted from George Washington regarding representation of the people. He presented Alderman Gilson with a copy of the Constitution of the United States of America. Ted Lemmey from Raintree Village stated that the School District was looking at using Comcast for connectivity between the schools and this will cost approximately $16,800.00. He stated that he has a wireless solution that is cheaper however the School District did not support it because it would take too long and it needs the use of water towers. He asked the city to send the School District a letter stating that it would not take too long and that they could use the towers. Mayor Burd stated that she did not feel there would be a problem accommodating the School District however she did not feel it was the city's place to coerce them into changing their minds. Alderman Gilson added that the School District's main objection with using the water towers was that it would take too long to get approval for this. Todd Milliron, Kendall County resident, asked how much band width the city has and how much did the School District need. Mr. Olson indicated he did not know. Mr. Milliron suggested that this be investigated and Mayor Burd suggested that concerned residents take the matter up with the School District John Butler, Raintree Village, commented that he felt the School District concern with the time length was a "red herring ". He stated that the School District is holding off the Comcast contract even though the School Board voted to spend the money. He stated that the School District has not evaluated their _ internal infrastructure or researched the matter thoroughly. Mayor Burd asked what this all had to do with the City Council. Mr. Butler reiterated that the School District is saying that the city is the reason for not considering a less expensive alternative. CONSENT AGENDA None. PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that the Plan Commission will be meeting on May 13, 2009 at 7 :00 p.m. The Minutes of the Regular Meeting of the Citv Council — Mav 12, 2009 — Dame 3 MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the City Council meeting of March 24, 2009; seconded by Alderman Golinski. Alderman Golinski noted an error on the bottom of page two; the vote count is incorrect. Clerk Milschewski stated that she caught the error after the copies were made for the packets and has corrected Alderman Plocher's vote to nay. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated May 1, 2009 totaling the following amounts: checks in the amount of $102,607.61 (vendors — FY 08/09); $488,890.47 (vendors — FY 09/10); $264,895.97 (payroll period ending 4/25/09); $18,008.20 (payroll period ending 4/30/09); for a total of $874,402.25; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Werderich -aye, Teeling -aye, Golmski -aye, Gilson -aye Alderman Sutcliff was not present for the vote. REPORTS MAYOR'S REPORT Proclamation for Poppy Days (CC 2009 -43) Mayor Burd read a proclamation declaring May 21, 22, and 23, 2009 as Poppy Awareness Days (see attached). Appointments to Boards and Commissions (CC 2009 -44) Mayor Burd reported that several appointments needed to be made each May. She noted that there is an opening on the Zoning Board of Appeals and anyone interested should contact City Secretary Bonnie Olsem. Fire and Police Commission — Mike Anderson Mayor Burd entertained a motion to approve the re- appointment of Mike Anderson to the Fire and Police Commission. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Teelmg -aye, Gilson -aye Alderman Sutcliff was not present for the vote. Human Resource Commission —Scott Gengler Mayor Burd entertained a motion to approve the re- appointment of Scott Gengler to the Human Resource Commission So moved by Alderman Golinski; Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teelmg -aye, Gilson -aye, Munns -aye Alderman Sutcliff was not present for the vote. Library Board — Carol LaChance Mayor Burd entertained a motion to approve the re- appointment of Carol LaChance to the Library Board. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye Library Board — Zach Frisch Mayor Burd entertained a motion to approve the re- appointment of Zach Frisch to the Library Board. So moved by Alderman Golinski; Alderman Werderich. The Minutes of the Regular Meeting of the Citv Council — Mav 12.2009 — page 4 Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Library Board — Beth Gambro Mayor Burd entertained a motion to approve the re- appointment of Beth Gambro to the Library Board. So moved by Alderman Golinski; Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Park Board — Deborah Horaz Mayor Burd entertained a motion to approve the re- appointment of Deborah Horaz to the Park Board. So moved by Alderman Plocher; Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Plan Commission — Charles Kraupner Mayor Burd entertained a motion to approve the re- appointment of Charles Kraupner to the Plan Commission. So moved by Alderman Plocher; Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye Plan Commission — Sandra Adams Mayor Burd entertained a motion to approve the re- appointment of Sandra Adams to the Plan Commission. So moved by Alderman Plocher; Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye Police Pension Fund Board — Fred DuSell Mayor Burd entertained a motion to approve the re- appointment of Fred DuSell to the Police Pension Fund Board. So moved by Alderman Golinski; Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye Selection of Mayor Pro Tem for FY 09/10 (CC 2009 -45) Mayor Burd reported that, based on seniority, Alderman Golinski is next in line to serve as Mayor Pro Tem. Mayor Burd entertained a motion to appoint Alderman Golinski as Mayor Pro Tem; seconded by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye Selection of Aldermen to Standing Committees (CC 2009 -46) Mayor Burd reported that the City Council members needed to pick the committees they wished to serve on. Using the May 7, 2009 memo from Mr. Olson to the City Council as a guideline, the City Council members picked the following committees: • Economic Development Committee — Alderman Golinski (chairman), Alderman Spears (vice - chairman), Alderman Werderich and Alderman Sutcliff • Public Safety Committee — Alderman Werderich (chairman), Alderman Munns (vice - chairman), Alderman Plocher and Alderman Spears • Public Works Committee — Alderman Plocher (chairman), Alderman Gilson (vice - chairman), Alderman Munns and Alderman Teeling The Minutes of the Regular Meeting of the Citv Council — Mav 12, 2009 — Dage 5 • Administration Committee — Alderman Sutcliff (chairman), Alderman Teeling (vice - chairman), Alderman Golinski and Alderman Gilson Development Issues — Discussion (CC 2009 -47) Mayor Bard reported that she asked that this be placed on the agenda. There are water and flooding issues in several areas of the city such as Windett Ridge, Heartland Circle, Fox Hill, Lillian Lane, etc. There is no place for rain water to go due to the high water table. These problems are not unique to Yorkville as other communities in the area are also seeing them. She felt that there is a need to find a solution and she advised the City Council that she would like to use Engineering Enterprises, Inc. to look into the flooding in Windett Ridge as well as on Van Emmon Road and in Fox Hill. She stated that she met with Jeff Freeman from EEI and he will provide information on water issues. Mayor Bard also noted that she has received calls from residents in Grande Reserve who are concerned with the affects of foreclosures on their properties and dumping in the area. She and Alderman Teeling met with the land manager of Grande Reserve and Administrator McLaughlin met with the bank to discuss these issues. Alderman Spears suggested withholding funds from the developer's letter of credit until the punch list is approved. She suggested using the funds for repairs. Attorney Orr stated that she is looking at the documentation for the LOC's. Administrator McLaughlin added that there is no time fi - a.me for subdivision improvements such as the final coat on roads. Alderman Gilson stated that the city has been the "nice guy" however they should act immediately and get stricter on fines. The city should hold developers accountable. Mayor Bard noted that developers front funded three schools in the city and some spent money up front for landscaping and trails. Now due to the market, they are going bankrupt and the city is now dealing with banks to get maintenance done. Alderman Teeling stated that residents in Grande Reserve are having an issue with the Homeowner's Association because they are paying money into it and no one is maintaining the development. Mayor Bard explained that the city does not get involved with HOA's and if the property is foreclosed on the bank is responsible for maintenance. CITY COUNCIL REPORT Windett Ridge Development Issues Alderman Werderich reported that on April 30, 2009 there was a Ward I meeting where issues in the Windett Ridge subdivision were discussed. Residents of the subdivision feel that the developer, Wiseman- Hughes, is leaving them "high and dry". Alderman Werderich went over the issues discussed as outlined in his memo dated May 12, 2009 (see attached). He stated he would like to see a plan and funds in place to take care of issues in the subdivision. He asked the City Council to take action on these concerns as soon as possible. Alderman Gilson stated he spoke with residents in the area and agreed with Alderman Werderich; the city needs to act immediately. He stated he was in favor of tapping into bonds to resolve issues. Attorney Orr stated she was just told this evening that Wiseman - Hughes has tamed over the deed in bankruptcy. The Bank of America (BAC) is now the owner of the development and the concern now is getting a judgment out of a courtroom. She stated that the bank was given a list of concerns and the city will wait for a response. She noted that there is a performance bond outstanding but due to its age she was unsure if a draw on it would be enough to get the work done. Alderman Spears stated that it was appalling that taxpayer's dollars are supporting banks. She supported the pursuit of BAC in order to get things done and she recommended residents send letters to their legislators to make them aware of the situation. Mayor Bard added that she hoped the BAC would hold up to the Annexation Agreement. She stated that there are drainage issues because the streets have not been finished and the storm sewers are higher than the pavement. Other areas fall under what she wants EEI to investigate. Mayor Bard cautioned that BAC just took over the property and that everyone should wait and see how they handle the situation. Alderman Gilson felt that this approach might get the roads done but probably nothing else. He suggested liening the property. Administrator McLaughlin explained that the city was unable to lien the property at this time and he noted that the developer is in default of the Annexation Agreement. Alderman Gilson asked if there was a timeline to get work done. Attorney Orr stated that she was not The Minutes of the Regular Meeting of the City Council — Mav 12.2009 — na.ge 6 sure. The deed was given to the bank in lieu of foreclosure and there were certain steps to be taken. She stated that it was important not to let the process drop. Alderman Werderich asked that this be placed on the Public Works Committee agenda so they can discuss what the city can do to rectify the situation. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell reported that he had signature cards that needed to be signed by the City Council. He asked the aldermen to stop by city hall to sign them. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported on the following: • Representative Foster's office spoke with Mayor Burd about Yorkville's transportation needs. • Downtown businesses are working on where to place twenty parking spots that will be lost when Route 47 is widened. • Permits for the Hampton Inn are expected soon. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that street lights in the Menards area and the Yorkville Business District are being repaired and that paving at Kendall Marketplace was being done. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • Illinois Crime Prevention Seminar was held at the courthouse on April 30, 2009 where the medication disposal program was discussed. Through this program the Police Department accepts old medication from people and properly disposes of it. Other communities expressed interest in the program. Mayor Burd commented that the Yorkville Police Department was the first in Illinois to have this program and she commended the department for their work. • Through the Cell for Seniors program, the Police Department is making cell phones available for seniors to use in case of emergency. The Police Department ordered fifty cell phones and collected 100 used cell phones for the program. • A donation has been made to the Knox- Box program which allows keys to a person's house to be kept available in case of an emergency. The Police Department is assisting the Fire Department in installing the boxes. • The police are checking into the KKK material found by Mr. Batdorf and his daughter however people are guaranteed First Amendment Rights. The department is making sure residents are safe and if anyone has any concerns they should contact the Police Department. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Park & Recreation Director Olson reported on the following: • There are two operating budgets; one for classes and services and one for recreation activities. The Rec Center should be self supporting and it is. No funds are being transferred. The center is runnin a deficit but they are increasing programming so more funds can be brought in. He estimated that $220,000.00 in revenues is collected from classes. Rec Center memberships are also half of the total revenues. Alderman Gilson asked when Mr. Olson expected the books to be in the black. Mr. Olson estimated April 2010. His goal is to have the deficit eliminated by the next fiscal year budget. • The City Golf Outing will be held on May 15, 2009 and there are still openings. • The eight week "Just Lose It "' program closes tomorrow. • Soccer registration starts June 6, 2009 at 9:00 a.m. at the Rec Center. Walk -in registration only • The Farmers Market begins June 13, 2009 and applications are still being accepted. • Two parks are being dedicated — the Junior Women's Club Park in Heartland Circle on May 30, 2009 at noon and the Green's Filling Station Park in Autumn Creek Park on June 5, 2009 at 5:30 p.m. i I The Minutes of the Regular Meeting of the Citv Council — Mav 12, 2009 — nag_e 7 COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported on the following: • There will be a public open house for the Transportation Plan on May 14, 2009 where the preliminary draft of the plan will be presented. • On May 27, 2009 the Planning Consortium will be hosting an ecology presentation to be used on vacant lots. Millbrook is hosting the event. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • There are additions to the city website such as the Shop Yorkville program, Rec Center website; and information about working with Representative Foster's office. • The City newsletter and the Park & Recreation Department catalog were delivered to resident's doors. This form of delivery saved the city $10,000.00. Anyone who did not receive one should contact her. • She thanked Cecelia Sanders of the Human Resource Commission for submitting the Kendall County Food Pantry for the Governor's Hometown Award. COMMUNITY & LIAISON REPORT Ward I Meeting Alderman Werderich reported that a Ward I meeting was held on April 30, 2009 and he thanked everyone who attended. Library Board Mayor Burd reported that she attended the Library Board meeting where they expressed their appreciation for former Alderman Allen's attendance at their meetings. They discussed their minute taking situation with their committees and she reminded them that the City Council passed an ordinance requiring all city meetings to be tape recorded. Metro West Mayor Burd reported on a Metro West survey which concerns a funding mechanism that is included in the state income tax increase. The city will receive 10% of the increase. With the economy down, the amount of funds the state sees is decreased so the city will see a substantial difference. The question is, as part of the capital bill, would municipalities agree to decrease the percentage they receive so more funds can be allocated. The survey also asks if the city would consider a decrease short of the mean tax increase for the capital bill. REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2009 -24 Approving a Revised Policy for Athletic Field Use Policies and Procedures (CC 2009 -42) A motion was made by Alderman Plocher to approve a resolution approving a Revised Policy for Athletic Field Use Policies and Procedures and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Alderman Golinski asked if the agreement went before the Park Board. Mr. Olson stated that the current revision was not reviewed by the Park Board however they did see it two revisions ago. Originally there were three packages for to play but this revision keeps only one package; the cheapest one offered. This package reduces manpower. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Wind Energy Systems Ordinance — Rooftop Systems Regulations — First Reading (EDC 2009 -01) Alderman Golinski reported that this is the first reading of the ordinance for public information. Ordinance Amending the Code of Ordinance Providing for the Regulation of Signs (EDC 2009 -17) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances providing for the regulations of signs and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. The Minutes of the Regular Meeting of the Citv Council — Mav 12, 2009 — Dage 8 Alderman Spears asked if on page 6 permits for windfeathers could be clarified. Director Miller explained that solid color wind feathers are exempt from code so no permit is needed as they are not considered a sign. Windfeathers with text on them are signs and require permits. Windfeathers are considered temporary signs and the permit is $25.00 initially with a $5.00 renewal. Alderman Spears stated that she had a problem with charging a fee for windfeathers. Alderman Gilson agreed with Alderman Spears' concern with the windfeathers. I Alderman Spears questioned item I on page 8 regarding trailer signs. She suggested that this item exclude the Police Department trailer sign. Director Miller stated that government signs are addressed in section 8- 11 -5E. Alderman Spears also noted that a time frame was eliminated and she suggested re- addressing the time limit. Alderman Golinski noted that there was no push to get this approved and he suggested it be sent back to committee. A motion was made by Alderman Spears to send the ordinance back to the Economic Development Committee; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Golinski -aye Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Ordinance Authorizing the Execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement Autumn Creek (EDC 2008 -53) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Golinski reported that both Pasquinelli and Pulte came to the Economic Development Committee requesting refunds. Pulte is currently the only developer puling building permits. Their request does not affect the city's budget and he thought the city could work with them to avoid bankruptcy. He also noted that they have stopped their SSA program. Alderman Werderich stated he could not support this amendment until the water issue on Lillian Lane is corrected. Alderman Spears stated that that she would be more comfortable with agreeing to the amendment if they paid back the SSA to the eighty homeowners who already paid it. Alderman Gilson stated he could not support the request because he was concerned who would pay the city if the developer went bankrupt. Motion defeated by a roll call vote. Ayes -3 Nays -4 Present -1 Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher - present, Werderich -nay, Golinski -aye, Teeling -nay PUBLIC SAFETY COMMITTEE REPORT_ Ordinance 2009 -26 Amending the Code of Ordinances Providing for the Regulation of Truancy Second Reading (PS 2008 -55) A motion was made by Alderman Spears to approve and an ordinance amending the Code of Ordinances providing for the Regulation of Truancy and authorize the Mayor and C_ ity Clerk to execute; seconded by Alderman Werderich. Alderman Spears noted that the ordinance mirrors state code and allows truancy to be reinforced by the Police Department. It is designed to help kids stay in school and is an intervention tool. If adopted, it will be included in the School District's student handbook. Motion approved by a roll call vote. Ayes -8 Nays -0 Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye The Minutes of the Regular Meeting of the Citv Council — Mav 12, 2009 — vaSe 9 ADMINISTRATION COMMITTEE REPORT Ordinance 2009 -27 Amended and Restated Governing Ordinance Regarding Use of City Equipment (ADM 2009 -30) A motion was made by Alderman Sutcliffto approve an ordinance amending and restating the Governing Ordinance regarding the use of city equipment and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Mayor Burd stated she has taken information to the State's Attorney's office regarding campaigning via the city's email and she wanted the City Council to be aware of this. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Gohnski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears- present, Plocher -aye, Werderich -aye ADDITIONAL BUSINESS Baseball Walk -a -thon Alderman Golinski reported that on May 17, 2009 Yorkville Youth Baseball will be holding a walk -a- thon and that the City Council has been invited to attend. It will begin at 1:00 p.m. at Circle Center Grade School and end at Beecher Park. Springfield Trip Alderman Sutcliff reported that she went to Springfield with the Metro West resented lobby. She re p�� Y p Yorkville and had a private meeting with the secretary of IDOT. There was discussion about the funding of the capital bill, Route 47 widening, the Prairie Parkway, Eldamain Road improvements etc. I EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -1 Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye, Munns -aye, Plocher -nay The City Council entered the Executive Session at 10:04 p.m. The City Council returned to regular session at 10:40 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears_ Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 10:41 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I REGULAR CITY COUNCIL MEETING May 12, 2009 PLEASE PRINT i NAME: ADDRESS: Jer lug; 4 I Y , , ., `l S 21v ( ll k C-4, L 1 . 3 11 c Q C7 -3G 7 �l (Mastro rocco lg0l A P6SiU y �ktf —+AveAf i VYE A 1 3 Z SIGNIN , REGULAR CITY COUNCIL MEETING May 12, 2009 PLEASE PRINT NAME: ADDRESS: �c �c d rq vex t / / 1� fY1QY�� '� TOhn �r T G�1 3'12 &J +ov, 3� b1 ntAp4+ d e C z ti, w.; S tc� 4e -- ToJA ffidli 2-94 N f U �' MWA JjPCR I s ojJ (�2 �v i pi d Irt i d o� Cd : yo rK,r i ► ��, lltGNIN� REGULAR CITY COUNCIL MEETING May 12, 2009 PLEASE PRINT NAME: ADDRESS: Clave_wv4 C- A�)144 V)Akk )D - • F �j cfo�/ /� S�f Ft- /,j' c "',e ec -/� �.�,✓a AK A It yd i�l xle L A . Z� Q r'a 5 0-7 Pi .ck5 ��e. 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'S. � - t � .- . ° � -�+nr � �.,. H �,,y�� ; ... �'°`'a. } 6 Y 1 ' #.•� f e e r � � ,� � Viii• • fi G Ob Df,o Cr Food 0 4 1�7 �f s Page 1 of 1 Subj: Re: Council Meeting 5/1212009 Date: 5/7/2009 9:07:21 P.M. Central Daylight Time From: vorkvilleone To: Walkercil Charlie: Could you please forward me your phone number, I misplaced your business card and I would like to touch base with you on the phone. Thanks, Wally - - - -- Original Message - - - -- ' F - -rn: Walkercjl @aol.com Uphigh63 @aol.com; yorkvilleone @aol.com Cc: gilsonward1 @comcast.net Sent: Tue, 5 May 2009 9:26 am Subject: Council Meeting 5/12/2009 Gentlemen: I would like the following items relating to Windett Ridge placed on the agenda for next weeks council meeting: 1 -The city's engineers punch list for open items to be completed by Wisemanhughes ( developer): 1) Requires specific dates for completion 2) Needs to be readable to the average person 3) Is the last complete in that does it cover all the issues ( Those presented to at the Ward meetings) List` 2- Final top coat to the streets 3 -What is being done to protect the financial interest of the City and its citizens? 1) Performance bonds 2) Liens against WisemanHughes assets ( Finished Homes in Windett Ridge) 4) Weed control '� �.cf ,� �1r•(�r,.� .. r l .. Gentlemen" f haSe been advi6'ed That 3 Alderman are require to to have an item listed on the Council agenda. To get an item on the upcoming agenda it has to be to the City Clerk by Thursday 5/7/2009. Gentlemen you are well aware of the issues in Windett Ridge. It is time to bring them in to the public area. I respectfully request t "mot you use all your power and abilities to get Windett Ridge on next weeks Council's agenda. Tnanks Charlie Walker A Good Credit Score is 700 or Above. See vours in lust 2 easy steps! Shopping for Mom? Save y a little time and monev on A Shopping. Monday, May 11, 2009 AOL: Walkercj 1 5 Landscaping & Grading' a Note that some of the parkway trees and site landscaping could not be checked at this time due to just coming out of winter. Letter to follow in May 2009. a Complete grading and install all landscaping and missing parkway trees in build -able lots, islands, bike paths, and open space/ common areas, per approved plans. a Grade commercial area per plan, to allow for sufficient drainage. a All areas to be conveyed to the Parks Department are to be inspected by Scott Sleezer/ Superintendent of Parks- 630- 878 -7291. e All basins are to be inspected by City Parks Designer Laura Haake- 630 -553 -8574. a Specific lots with missing parkway trees: 156, 157, 192, 232, 262, the open space area between lots 124 & 277. a Backfill behind curbs at the following lots: 1, 2, 3, 4, 5, 6, 7, 8, 9, 16, 24, 27, 31, 39, 42 1, 49, 50, 51, 59, 62, 64, 68, 73, 165, 195, 203, 217, 222, 225, 262 ' and the open space area between lots 124 & 277. a Backfill at public walks (and add seed/sod as applicable) at the following lots: 2, 10, 11, 12, 14, 15, 16, 21, 22, 23, 35, 39, 40, 42, 51, 54, 67, 73, 160, 165, 195, 211, 217, 235, 240, and the area between lots 20 & 216. a Add fill to fence post holes at the following lots: 10, 11, 12,13,14, and 15. a Restore the following lots to be residential, build -able lots: 41, 42, and 262. a Add fill to parkways at the following lots: 12, and 35. a Establish seed/ sod at lot 35. a Fill the hole in the sod at the bike path area, approx. 100' south of Fairfax Way. Remove fill in wetland area west of trail. a Remove pine tree from parkway at lot 50. a Add fill to sanitary service trench in front yard of lot 61. a Backfill/ add fill to street light poles at the open space area between lots 124 & 277. e Remove dirt piles; grade; landscape open space area between lots 124 & 277. Please arran>ze to complete the above items at vour earliest ovvortunity, and contact me at 630- 553 -8528 to schedule a re- inspection of this project punchlist. For all specific field - related questions, please contact Darrell Busch directly at 630 -417 -3447. Sincerely, low 11 nnifer L. Woodrick United City of Yorkville Engineering Department Cc: Brendan McLaughlin, City Administrator Joe Wywrot, City Engineer Darrell Busch, Sr. Engineering Tech. Travis Miller, Community Development Director Laura Haake, City Parks Designer Annette Williams, Comm. Dev. Admin. Assistant Scott Sleezer, Superintendent of Parks Windett Ridge- PL 1- April 7, 2009 C1 United City of Yorkville ,,Z► p� County Seat of Kendall County 800 Game Farm Road EsEst. ., Yorkville, Illinois 60560 Telephone: 630 -553 -8528 (� Fax: 630 -553 -3436 NINA ♦ sp Website: www.vorkville.il.us 'SCE Ms. Danielle Dash April 7, 2009 Wiseman - Hughes 975 E. V Street Wheaton, IL 60187 RE: Windett Ridge Subdivision - Punchlist 1 Dear Ms. Dash: A field inspection of the above site has been conducted; below is the initial project punch list: General • Submit revised record drawings, per City Engineer Joe Wywrot's 2 -11 -2008 review comments (attached hereto). • Pay any outstanding fees (streetname signs, etc.) which may be due. Contact the Accounting Department at 630 - 553 -4350 to inquire. • Complete Com Ed easement dedication. • Remove construction trailers and PCC wash -out station @ Windett Ridge/Kentshire intersection. • Remove miscellaneous debris throughout subdivision. • Complete punchlist for Rt.47 improvements (attached hereto). Sanitary • Grout around pipes: San -34, San -35, San -36, San -37, San -38, San -39, San -40, San -45, San -46, San -47, San -48, San49, San -50, San -51, San -52, San -61, San -62, San -79, San -80, San -81, San -82, San -83, San -84, San -85, and San -94. • Locate/ adjust castings to final grade; re- vacuum test (if not witnessed by a city engineering inspector): San-4, San -10, San -18, San -27, San -29, San -30, San -32, San -33, and San -01. • Replace chimney seal damaged by exposure: San -39, San-44, San -56, San -57, San -59, San -64, San -69, San -70, San -72, San -73, San -76, San -84, and San -93. • Reset offset castings; re -seal; re- vacuum test (if not witnessed by a city engineering inspector): San -13, and San -56. • Install missing steps: San -25. • Lower casting to eliminate trip hazard: San -63. • Repair / replace broken sanitary pipe in manhole: San-39. • Replace lid gasket: San -81. • Pump down water for inspection of manhole: San -92. I 2 Sanitarv/ Com Ed Intereeator • Locate/ adjust castings to final grade; re-vacuum test (if not witnessed by a city engineering inspector): San -18, San -19, San -22, San-23, San -86, San -87, and San -89. • Add topsoil; fertilize; seed; mulch around the following castings: San -21, San -88, and San -90. • Reset offset castings; re -seal; re- vacuum test (if not witnessed by a city engineering inspector): San -90. • Change all lids to "Sanitary". Water • Locate A- Valves and adjust to finish grade: FH -8, FH -9, FH -27, FH -37, FH -42, FH-43, FH -44, FH -50, FH -51, FH -72, FH -75, V -3, V -25, V -26, V -31, V-42, V-43, V-44, VA6, V-49, and V -53. • Pump down water level in water vault and grout around pipes: V -1, V -5, V -11, V -15, V -17, V-20, V -21, V -22, V 23A, V -24, V -28, V29, V -37, V -39, and V -55. • Locate the B -Boxes at the following lots and raise to final grade: 7, 10,' 15, 16, 34, 37, 41, 50, 59, 129, 131, 183, 219, 235, and 262. • Lower the B -Boxes at the following lots to final grade: 12, 14, 61, 62, 64, 71, 126, and 165. • Replace bent/ damaged B -Boxes at the following lots and re- grade/ re -seed/ re-sod as necessary: 6,124,161, and 211. • Add steps to the following water vaults: V -1, V -17, V -21, V -22, V -23A, V-24, and V -29. • Repair hydrant chains: FH -16, FH -32, FH -33, FH -44, FH -56, and FH -75. • Repair broken bolt on trench adapter: FH -3, FH-40, and V -33. • Connect trench adapter to valve: V -12, V -16, and V -30. • Rotate hydrants to face street: FH 27 and FH -28. • Raise to final grade: FH -19 and V-48. • Repair broken trench adapter: V -13. • Place topsoil, fertilizer, and mulch around casting: V -15. • Lower A- Valve: FM 2. • Backfill around trench has settled; add topsoil, fertilizer, and mulch: FH-49. • Insulated wire looped in front of hydrant; identify and repair: FH -3. • Repair settled/ sunken water main trench along Windett Ridge Road, from V -1 to V -7, with topsoil, fertilizer, seed/ sod, and mulch. Wire brush and paint all hydrants with paint supplied by hydrant manufacturer and paint all the way down to final grade. • Add topsoil around B -Boxes at the following lots; seed/ sod as necessary: 63, and 72. Storm • Vacuum all sump inlets. • Re-set silt fence at various locations throughout subdivision. Set new silt fence where indicated by Engineering Dept. Contact Darrell Busch to discuss at 630 -417 -3447. • Remove filter fabric from the following structures, for inspection: D-7A, F -2B, F -2C, F -2F, F -3, F -4, F-6, F -21, F -26, G -1, H -1, H -2, H -3C, H-4A, H4B, 114C, H -5A, H -5B, MA, H -7B, ME, H -8B, H -8C, H -8D, H -9B, H -10, H -11, 1 -1, I -2, J -2, K -1, K -3, K -3B, K -3C, K -3E, K-6, K -7, J -2, L-1A, L-7, N -1A, O -1, 0-2,0-3,04,04,04,04,04, 5 -74, S -81, and 5 -82. • Clean/ remove debris from the following structures: E-3, E-4, F -1, F -2C, H -3A, K -2, K4, K -5, K -10, L4, M -3, M -3A, S -11, 5 -21, S -31, 5 -32, S -51, S -53, 5 -55, 5 -57, 5-60, 5 -61, 5 -65, S-67, 5-68, 5 -70, 5 -85, S -86, S -87, S -92, 5 -97, 5 -99, and V46. • Add topsoil around the following structures; add fertilizer and mulch: A-6, B -J, B -1, B -2, C -1, C -6, L -2, S -1, 5 -19, 5 -20, S -29, S41, 544, 5-47, S48, 549, 5 -64, S -75, 5 -86, 5 -88, and S -99. Winden Ridge- PL 1- April 7, 2009 3 Storm. Continued • Televised sanitary and storm sewers tapes have been received and reviewed. Comments are as follows: 1. TV the sanitary main between lots 114 and 116. 2. TV the storm main at the following missed locations: K -3d to K -3a; I -la to I -1; 1 -2 to I- 3; H -8c to H -8b; M -2c to M -2; F -2a to F -2; I to 1 -1 a; 1 -1 to I -2; 0-8 to 0-9; M -2d to M -2c; M -2 to M -3; N -3 to N4. 3. Repair storm main at the following locations: K 3d to K -3a, 122% G to G -1, 145% H4d to 114c, 106'. 4. Re -TV the storm main at the following locations: B -1 to B -1c; B -2a to B -2b; A -2 to A- 1; A -2 to A-3; D -1 a to D -2; A -3d to A -3d; A -5 to A-4; K -la to K; D-3 to D -3a; D -3 to D-4; D -1 to D -la; D -3 to D -2; H -7c to H -7; D -1 to D; H-6 to H -5; H -5 to H -4; C -1 to C; H -3 to H -4; F -1 to F -2; B to B -lc; FES -5 to F -1; 0-7 to 0-6; O to 0- 1; F -2a to F -5; F -2 to F -2a; M -3 to M -3a; L-1 to 1-14b; L-2 to L-1; M -1 to M -3; H to H -3; N -lc to N -l; M -1 to M; L-6 to L-7; Me to H -7d; K -3d to K-3f; D-9 to D -8; D -8 to D -7; L-1 to L -la; L-3 to L -2; Me to H -7d; D-6 to D -6a; D-4 to D -6; D-6 to D -7. • Locate the following structures and adjust to final grade, for inspection: D -3A, H -6A, H -7C, H -8A, I -4, L-6,0-5, 5 -16, 5 -17, 5 -28, S -35, 5 -37, S -50, 5-59, S -62, S -66, and 5 -80. • Grout around the pipes at the following structures: C4A, E -2, F -1, F -5, H-41), N -2, S -11, 5 -12, S -13, 5 -21, 5 -31, S49, 5 -51, 5 -52, 5 -55, S -65, 5 -79, S -96, and 5 -99. • Reset castings and/ or adjusting rings on the following structures: A -3, A -4, B -IC, F -2, M -3A, S -8, 5 -34, S -57, 5-61, 5 -65, 5 -70, 5 -77, 5 -90, 5 -97, and 5 -99. • Pour flow line: A IC, A 2C, A -3B, A-6A, A -7, A -10, A -20, B -2E, B -21, C -5, C -7, D4B, D -9, E-1 A, K -2, N -1, N -3, and W 3A. • Reshape rip rap at FES so that pipes are self - cleaning: 4, E, F, G, H, I -3 (southern outlet), J, K, K-3 1, M (by 5 -31), O, and the overflow weir by O. • Add steps to the following structures: A -1, A -2, A4, B -2A, D-6, E-2, H -7A, H -8, K -31), L-2, M -3, and N -2. • Correct veins going in the wrong direction: B -2A, B -4, B -5, D -10, E-3, E-4, F -2C, H -3, H -3B, H -10, and J -1. • Grout under the casting at the following structures: A -3A, A -3B, C -3, D4, D -5, D -16, and W -3A. • Lower the following structures to eliminate trip hazard: C 4A, F -21), J -10, 5 -21, S -55, and 5 -87. • Cut lifting eyes out of toe wall: FES -1, FES -2, FES -3, FES -4, and the north pond outlet FES. • Place rip rap at the following structures: C, D, H,1, FES -1, FES -2, and FES -3. • Grout inside the following structures: J -10, S-24, S-67, S -71, and 5 -77. a Repair the following pipe sections: Between 1 -2 and 5 -90, Between S -92 and 5 -93. • Backfill the following structures with dirt; grade per plan: Outlet structure at the north pond, Outlet structure at the south pond. • Change the following lids to approved "City of Yorkville" and "Storm ": D- 8,1-2, H -5, and 5 -58. • Complete installation of the following: 0-9, the run from 0-9 to 0-8. • At lots 96 -97, between 5-63 and 5-64, there is a manhole installed which is not shown on the approved engineering plans. Why was this manhole installed? If it is to remain, swap lid to that with "City of Yorkville" and "Storm "; additionally it is filled with standing water. • Seal the adjusting rings on the following structures: D -6A, and S -52. • Change the following to a closed lid: S -9, and 5 -10. • Install missing pipe which the grate should be resting on: C. • Replace incorrectly sized grate: F. • Bolt down the grate on the FES: G. Windett Ridge- PL 1- April 7, 2009 4 Storm. Continued • A fence was constructed over the lid of the following structure: 5 -33. Either the fence is to be relocated off the structure or removable panel(s) should be installed for maintenance of this structure. • Cut off lifting eyes inside the following structure: H -3. • The flat -top lid is not sitting on MH -1; correct. • Replace damaged FES: J. • There is currently an 8" pipe from Raintree Village Subdivision draining into inlet 5 -96 with 6" out into Windett Ridge at Lots 92 -93. Why was this done? Contact Darrell Busch at 630-417- 3447 to discuss. • Address erosion issues along the rear yards of the homesites on the north side of Claremont Court. • Resolve the rear yard stormwater conveyance issue with property owners along the north side of Claremont Court. • Repair erosion to offsite grassed swale where storm sewer discharges near Unit 2. I, Pavement • Perform 48 -hours streetlight bum test. • Plumb streetlights at the following locations: by Lot 105, 112,122, 224, and 239. • Construct temporary bituminous sidewalk at the following locations: 386 Sutton (Lot 223), 448 Sutton (Lot 229), 671 Kentshire/ 2477 Wilton (Lot 127), 602 Windett Ridge/ 2324 Fairfax (Lot 159), 611 Windett Ridge (Lot 75), 621 Windett Ridge (Lot 76), 591 Windett Ridge/ 2297 Fairfax (Lot 73), 501 Windett Ridge/ 488 Coach (Lot 68), 511 Windett Ridge (Lot 69), 489 Windett Ridge (Lot 66), 495 Windett Ridge/ 489 Coach (Lot 67), and 247 Windett Ridge (Lot 43). • Cut curb depressions for sidewalk on Sutton Street at Waverly Court, Sutton Street at Fairfax Way, and Windett Ridge Road at Fairfax Way. • At Wythe Place and Windett Ridge Road: the public walk should cross the road and connect to the public walk at the north side of Windett Ridge Road. • Install driveway approach (pre -pour inspections required) at the following lots: 10, 11, 12, 13, and 14. • Replace damaged public walk ADA ramps at the following lots: 1, and 216. • Install public walk at the open space area between lots 124 & 277. • Replace curb cut with B6 -12 at the following lots: 2, and 16. • Remove service walks in the parkway at the following lots: 14, and 16. • Taper curbs for ease of snow removal/ street cleaning at approaching ends of the islands at the Route 47 entrance. • Public walk is holding water at lot 40; correct as necessary. • Remove curb and gutter at lot 133; replace with 136-12 and slope ,�� for drainage, as this is a low area which holds water. • Patch roadways and curbs as marked on the pavement. Contact Sr. Engineering Technician Darrell Busch for specific questions- 630 -553 -8555. • Install integrated red pavement with fiberglass truncated dome mat insert at the location of the bike path in the Com Ed ROW. Windett Ridge- PL 1- April 7, 2009 Drainage 4rr Ow • Station 118+75 LT: Re -grade ditch at 2 x 2 outlet in accordance with approved plans. • Station 119+00 RT: Remove silt from 15" FES and re- landscape. • Station 135 +60 RT: Add topsoil around FES. • Station 140+00 RT: Install grates over FES of 24" culvert. • Station 141+00 LT: Water ponding at perimeter of jobsite; correct as necessary. Pavin¢ & Landscanina I • Remove temporary centerline road tape still on north end. • Re thereto- stripe white edge line at the north end. • Complete site landscaping (approximately 90% complete). i C e arrange to complete �the afrove items at your earliest convenience, and contact me at 630/553 -8528 edule a re- inspection your project punch list. Sincerely, 4 .kb)u' J fifer Woodrick United City of Yorkville Engineering Department Cc: Brendan McLaughlin, City Administrator Joe Wywro4 City Engineer Darrell Busch, Sr. Engineering Tech. Windett Ridgd Rte, 471mprovemvaW PL 2 ♦ ,��o c� United City of Yorkville .�. p«� County Seat of Kendall County 800 Game Farm Road EST. _ , . INS Yorkville, Illinois 60560 -,'-� Telephone: 630 -553 -8528 Fax: 630-553-3436 K Website: www.vorkville.il.us Ms. Danielle Dash March 13, 2009 Wiseman - Hughes 975 E. 22" Street Wheaton, IL 60187 RE: Windett Ridge/ Route 47 Improvements/ Punchlist 2 Dear Ms. Dash: A field inspection of the above site has been conducted; below is the updated project punch list: General • Provide an IDOT signoff letter for successful completion of all work performed within the state right of way, as per your highway permit. • Submit record drawings for review 8t approval. These should include as -built rim and invert elevations of all new sewers, alignment of new sewers and water mains, utility service locations, parking lot cable routing, and benchmarks on all new hydrants (as applicable). Final grading may be provided on the as- built, as opposed to providing a separate final grading survey. This should include ample spot elevations, break points, and utility pedestal elevations; no contour lines will be approved without corresponding spot elevations. Once the as- builts are approved, provide a digital copy for importation into the City's Base Map and GIS system. Water • Wire brush and paint all fire hydrants with paint supplied by hydrant manufacturer- check all hydrants to ensure the new paint is applied from top of hydrant to ground level. • Locate the following hydrant A- Valves and adjust to finish grade: FH -57, FH -58, FH -60, FH- 61, FH -62, FH -65, FH -67, FH -68, and FH -69. • FH - 58: Backfill around structure. • FH -61 : Relocate behind water main. • FH -65: Provide 18" swing. • Locate the following water vaults and adjust to finish grade: V -8, V -9, V-41, and V -54. • Pump water down from the water vault immediately south of the PRV Station (where the 12" main travels west to east under Route 47), to allow for inspection. • Pump water down from the following water vaults, to allow for inspection: V -1, V -10, V -39, and V-40. • Add steps to the following water vaults: V -1, and V-1 0. Windett Ridge/ Rw 47 Improvements/ PL 2 everyone to enter the school. We will meet in the lunchroom. We have set the following dates for Circle Center each grade level. Monday, May 11 th - 1St and 3 rd grade students Grade School Tuesday, May 12 - 2 nd grade students "Everyone cares about each Wednesday, May 13 - Kindergarten students other and is treated as a school family member." This is our first year for implementing our Expectation Plan. We are including a survey to go home for our parents to give us some input about the plan. Please take a minute and check the May 8, 2009 appropriate boxes. You can then send it to school with your child. Each day I look at our front May 11 7:15 a.m. Expectation display case and the pillars with foxes on them. Plan Breakfast for 1 st and Each fox in the display case represents a green 3 rd , 6 Months of Green month; stickers on those foxes represent the number May 11 7:30 p.m. Board of of months throughout the year. Our first pillar Education meeting represents 3 consecutive green months, pillar two May 12 7:15 a.m. Expectation represents 6 consecutive green months and pillar nd three represents 9 consecutive green months of Plan Breakfast for 2 , 6 appropriate behavior. Our entire school family has Months of Green followed the same three expectations: May 13 7:15 a.m. Expectation Be Respectful, Be Responsible, Be Resourceful Plan Breakfast for I am very proud of all our children; they have done Kindergarten,6 Months a very good job with this new plan. Again, thanks of Green to our parents and our staff. May 13 Diversity Kick -off - May 14 — 15 Diversity Days May 14 6:30 p.m. PTO x May 19 4:15 p.m. Market Day 4;. 3' r Pick -up ` May 21 9:30 a.m. Kindergarten Orientation A -M May 22 9:30 a.m. Kindergarten Orientation N- Z May 25 No School Memorial Day May 26 7:30 p.m. Board of Students were able to talk to our State Representative Mr. Tom Cross. Education meeting June 5 5:00 — 7:00 CCGS Representing our District Jimmy John's Night At the State Level Honoring Our Children Two students from Mr. Mueller's class went to Springfield for Springfield day. We went to help Our Expectation Team wanted to honor our students raise funding for gifted education. What we were who have had 6 months of green behavior. We sent supposed to do is help persuade and talk to our a letter with each child that has met this mile stone senators. We encouraged them to vote for Bill 40- last week. We will open our doors at 7:15 a.m. for 44. We feel we were representing our school family and district. We talked and met our senators Tom The orientation will start at 9:30 a.m. and end shortly Cross and Chris Lauzen. We felt like they listened after 10:15 a.m. Please share this information with all to us very well and respected our opinions. We hope the new families that will be attending Circle Center you can join us next time we go. Grade School and the new Autumn Creek Elementary School. Thanks for your help. If you have any By Patrick Black & Kimberly Tran - Batdorf questions, please call the office at 553 -4388. Circle Center Students Help is needed! Volunteers needed for making Vietnamese Eggrolls In response to the COGS' call for the Diversity and g US r, .r Cultural Days, I am searching for volunteers to help me make Vietnamese Eggrolls to share the culture with CCGS students as follows: ' Contact Person: Kimlien (Lynne) Tran - Batdorf Phone: (630) 618 -8530 Date /Time: Wednesday, May 13, 2009 at 6:OOPM - 8:OOPM Students pose for a picture down in Springfield. Please contact: Lynne for driving directions to eggroll- making place (her residence). This is a good chance for those who want to learn how to make Vietnamese Eggrolls. (My family �I loves my eggrolls and says they are the best in town!) Bus Parking in Front Diversity and Multi - Cultural Days: May 13 -15 Parents, please remember that we have our small buses parking along the front sidewalk of the school This is your last chance to help the Circle Center on the east side. Please park in the lot first and students learn about your culture. The students will walk to the front door. At this time we do not have have the opportunity to see and learn about different enough room for our buses. Thanks for your traditions from other cultures, preferably cultures of support and understanding with this matter. students within our school. If you have any ude inf ormation about traditions, music or games that , lm i are unique to your culture and would like them We are planning to sponsor two different Kindergarten shared with the students, please contact Lara Giblin, Orientations in May. School Social Worker at 630 -533 -4388. There is no •3 Thursday, May 21 at 9:30 a.m. and Friday, need to volunteer your time, just information, May 22 nd at 9:30 a.m. in Circle Center Grade artifacts, music etc. to be on display and discussed School gym. with the students. ❖ Last name beginning with A — M will attend on Thursday, May 21S at 9:30 a.m. Please help us make this a memorable event! ❖ Last name beginning with N — Z will attend on Friday, May 22n at 9:30 a.m. ` ,��D C/11 Memorandum �. To: Mayor Burd and City Council EST , 1836 From: Susan Mika, Finance Director o Date: May 12, 2009 ;�- Subject: Bill List Questions <CE QUESTION 1: Pages 13 & 15: 3251, 3349, 347438609 -- Heartland Circle: Land Cash Account - Menards and Narvik Bros. I am questioning funds from the Land Cash Account. RESPONSE 1: Both sets of invoices for the land -cash fund were to install a storm drain and outfall pipe on the skateboard bowl in the Heartland Circle Park. Previously, draining of the bowl was accomplished with a grate at the bottom of the bowl that emptied straight into the ground below it. During light and moderate rainfalls, the ground wouldn't absorb water fast enough, so the drain was backing up. So, we had to take out part of the bowl and install a drain and pipe. The use of land -cash funds was acceptable in this instance. We have, and will be using land -cash funds to purchase other items in other parks in the near future (after sign off from Finance and the Mayor, of course). Bartholomew A. Olson Interim Director of Parks and Recreation Assistant City Administrator QUESTION 2: Pages 26 & 27: Clark Property - three payments @ $33,333.00. What are the payment terms of the contract? Also, how much more money does the City owe for this property to date? How much have we paid to date? RESPONSE 2: The payment terms are for five payments following the schedule below: Installment 1— Within 30 days of proof of good title: $100,000 Installment 2 — on or before June 1, 2008: $100,000 Installment 3 — on or before June 1, 2009: $100,000 Installment 4 — on or before June 1, 2010: $125,000 Installment 3 — on or before June 1, 2011: $125,000 The first two installments have been made. Tonight's installment is the third. $250,000 remain. Brendan McLaughlin City Administrator �... /nom ♦ ��.�.�� .�.�� .�.�� .�.�� .�.�� ,�.�� ♦ ��.�.�� .�.�� .�.�� ♦ ��.�.�� ♦ ��.�,�� .��.,�. \ ■• 1 / /Ir�r►1 •umu/ •umn/ Iuuu1 •u. ur1 •w nnl Iruuu/ Iu�ur1 Iaunr/ Iunp1 •u n.q •uuU1 �.r •�1 `� ` \ \\ / II �`'. 1 2 / 1�/ �`'. 1 2 1 •" �/ •• ��'►'2 1 •' �� `'' I' I' i. • .`'• 1 I / l' I' � 1 2 / 1'. • .`'. 1 I / l'. 1�. • �.`1 , 2 1 ,'�� •• �`'' 1 2 1 ,i��`' ► {'�� ► i� ► \ \ \i:% - :�i;!5 ■�.•. ...«<... �.. �. �....• a.. �... as.• a.. ��.. a.. a... �. u•..• i.��...a ❖.•a.....�a•.....�..u•. �.....�a•.•.�� ••.�.�. u•.....�... a•:.�6!i:::. 1 11 1 ' / / � • �` • J ;.: ��111 tl i II UNITED CITY OF YORKVILLE , _ /1►' 1 ► ►. %� tti� v 1111~ 11i '1ii� =• � =iii) '► „� Whereas, the American Legion Post #489 and American Legion Auxiliary Unit ;o ;�,,�� I (111:• #489 have for many years engaged in the services to disabled veterans and their �� 11 ; ti�/ 1 11 • I ► I,�,i = families, and have taken an active part in charitable work within the community; and ' �.• k 1 / 1” W , 4 41 Whereas the American Legion and American Legion Auxiliary hold annual 11 ► 1 ; / NAP , "Poppy Awareness Days" when poppies made by disabled veterans in Illinois hospitals �~�• 10 1 4 are dispensed publicly for the purpose of raising funds with which to carry on their 111 i� beneficial work; and 11 �; Whereas, the one bright color of these war torn areas was the brave little red ;�;�1' I111�� growing and bloomi on the e of the trenches in the r shell holes on '_'��1 ► poppy �' g g g gg � ,•�.�1 1 ►; 1 ; the graves of those men buried in Flanders Field, with remembrances of the cheery:; ►p► bright red flowers returned to America with our boys, the poppy becoming the symbol ; II i�� 'lljlp ;:: •111 , of the dead, their memorial flower, and the sign that the high ideals for which these II►1; %! ,x,;; ►��:�` brave young men gave their lives, still lives; and Y g g 1 , 1 , 1 ► � . � i Whereas a double significance was attached when disabled veterans quickly ,''.i /jl►, learned to assemble poppies while growing well again, with the American Legion and ;:;.;, ► ►,� Auxiliary being united in their efforts to help the hospitalized veterans within our state l / �• ~ '�' who make these bright red p op p ies for distribution fulfilling a de need with t'�'�•� / ' g p pp � g p � (�►,��;; money taken in over expenses being returned to the veterans and their families through I111�I�I�i ~� the service programs; and i /111111 ,li, i � ►��` Whereas, to Flanders Field we add Pearl Harbor, Korea, Viet Nam, Grenada, 1 / Panama and Operation Desert Shield; and 1 r- . Whereas, the days of May 21, 22, and 23, 2009 have been selected as Poppy ., _0.,1 il' " Awareness Days in the United City of Yorkville to honor our war dead by wearing a :!%�1'll� / � ` ► poppY. •�5;� r 111 P� ; (1111 11 Therefore, I, Valerie Burd, Mayor of the United City of Yorkville, do hereby III� ►��• proclaim "Poppy Awareness Days" in the United City of Yorkville, and request all t ;/4 I �► 4rv•� .y•eu °� 1 11'1'i citizens to observe these days by wearing a Poppy and making contributions for this II /�,' worthy cause. ;, i /jll ► 1 Ilo ._ 1.1 -•;• ;:;■�ii�U 1 111 '1'x: Dated this 12th day of May, 2009, A.D. ;!:x'1'1 , r Valerie Burd, M - Y ,.1 r ,. ' IL 1 I L llti 1IL l It 1 I L l I t l I � 1 I L 1 I Z ... ... ... ... ... ... ... •, •.• ..•.. / ,. .� ♦ •r.r�r.r. Ir.r. r. r. Ir.r.r.i• /r.....r■ j t I. r.r• Ir.r.r.r■ Ir.r �I.r/ Ir.r. r.r• Ir.r.l.r■ 1 ►r./ ►. /i�/ / t 1 _��_�_�_I_�� 1 ♦ 1�•�'�1 /��'�► t 1��-�� /��•�► t 11•x•1 �_�_I �•�'1� 1�a'11_�_I. ► / ►'ir / .� r i MEMO TO: Mayor, Members of the City Council, and Overseeing Staff FROM: Wally Werderich DATE: May 5, 2009 RE: May 12, 2009 CC Agenda Item regarding Windett Ridge Subdivision At the April 30 Ward One meeting, there was an agenda item concerning development issues in the Windett Ridge subdivision. Approximately 40 residents showed up to voice their concern over the state of their subdivision. Travis Miller and Joe Wywrot were present. Accordingly, to follow up the meeting, residents of Windett Ridge requested that an item be placed on the City Council agenda for discussions and action pursuant to their concerns. While there are many issues that were brought up at the Ward One meeting, the following are items that warrant immediate discussion and action: 1 -The city's engineers punch list for open items to be completed by Wiseman- Hughes: a) Requiring specific dates for completion of the punch list items b) Making the punch list items easy to read for residents c) Coordinating with residents to make sure that the punch list is complete in that it covers all of the issues in the subdivision (residents at the meeting had concerns as to the completeness of the punch list) 2- Final top coat to the streets I 3- Flooding a) Flooding of back yard of lots on Clarmont Court b) General flooding of homes and sewer back up within the subdivision 4 -Weed control and flood control in vacant lots 5- Measures being taken to protect the financial interest of the City and its citizens a) Performance bonds (are they enough ?) b) Action necessary if the performance bonds are not enough (liens against Wiseman - Hughes assets, ie. finished Homes in Windett Ridge) One resident, Charlie Walker, has requested to speak to the City Council about Windett Ridge under this agenda item if the Mayor and City Council see fit to allow it. 139 Claremont Court 4 .y • „. p s r, r r 1 . 4 ,, i 1 I � CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on May 12, 2009, at i ' 'I the hour of 7:00 p.m., at 800 Game Farm Road in i the City of Yorkville, Illinois. i I D - 877709 REPO • COURT reporting service 630- 983 -0030 1300 Iroquois Avenue, Suite 100 Naperville, IL 60563 e -mail: depocourt@comcast.net • www.depocourt.com 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; J 3 MR. GARY GOLINSKI, Alderman; 4 MR. ARDEN JOE PLOCHER, Alderman; l 5 MR. MARTY MUNNS, Alderman; 6 MS. ROSE ANN SPEARS, Alderwoman; �I 7 MS. ROBYN SUTCLIFF, Alderwoman; 8 MR. WALLY WERDERICH, Alderman; 9 MR. GEORGE GILSON, JR., Alderman; 10 MS. DIANE TEELING, Alderwoman. 11 12 13 MR. BRENDAN McLAUGHLIN, City 14 Administrator; 15 MR. WILLIAM POWELL, City Treasurer; i' i I_I 16 MS. JACQUELINE MILSCHEWSKI, City Clerk. 17 18 A P P E A R A N C E S: 19 BY: MS. KATHLEEN FIELD ORR, 20 Appeared on behalf of the United 21 City of Yorkville, Illinois. 22 - - - - - 'j 23 24 �I Depo•Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance.) 2 (WHEREUPON, a portion of 3 the proceedings was not 4 herein transcribed.) 1 07:16PM 5 MAYOR BURD: We are going into public 6 hearing. Pulte Home Corporation, petitioner, has i 7 filed an application with the United City of 8 Yorkville requesting an amendment to the 9 Annexation Agreement and Planned Unit Development 07:16PM 10 Agreement dated April 12, 2005, for approximately 11 285 acres. 12 The amendment would change the 13 timing for payment of the City building permits 14 and development fees for residences that are built 07:16PM 15 within that part of the annexation property which i 16 is zoned for residential purposes. 17 The residential property consists of 18 approximately 265 acres north and south of Kennedy 19 Road and north of Route 34. 07:16PM 20 Is anyone here this evening from 21 Pulte Homes? 22 MR. MASTROROCCO: Yes, Mayor. 23 MAYOR BURD: Would you like to come up 24 to the podium? Depo•Court Reporting Service (630) 983 -0030 I 4 1 MR. MASTROROCCO: Yes. Good evening, i 2 Mayor Burd and members of the City Council. My i 3 name is Mark Mastrorocco and I am with Pulte Homes 4 and I am here today to give just a very brief I 07:17PM 5 overview of our proposed amendment. 6 We've worked with City Manager 7 McLaughlin and Community Development Director 8 Travis Miller to address as best we can in the 9 spirit of a partnership the obvious very 07:17PM 10 challenging housing market conditions in the City 11 of Yorkville. 12 Just as an update on our project, as 13 you saw in your packets, the total project size is !!, 14 575 units. To date we've sold about 20 percent of 07:18PM 15 the single- family homes and about 40 percent of i 16 the townhomes. 17 Just as a reminder, there are really 18 three other components to the project; the first 19 is the future commercial retail development 07:18PM 20 opportunity on Route 34. A second part of our 21 partnership is working with the Park and 22 Recreation Department, and we've facilitated the 'i 23 new Autumn Creek Park within the property. And, 24 lastly, we've worked very closely with the Depo•Court Reporting Service (630) 983 -0030 I 5 1 community school district to perform considerable 2 development improvements to facilitate the new 3 elementary school that's on its site. 4 So we are really proud of the -i 07:18PM 5 success we've had to date, and once again, like i 6 you, it is a partnership with all the stakeholders 7 within the community. 8 However, as everyone knows, these 9 are very, very challenging economic conditions and 07:19PM 10 housing market conditions, and in the spirit of 11 that partnership, we wanted to propose to the City 12 some relief that ultimately, after working with 13 staff, does not change the amount of the impact 14 fees, it just changes the timing of the payment of 07:19PM 15 the fees, and that's what's proposed in your �I �I 16 packets today, and we appreciate your valuable i i 17 consideration on it. 18 MAYOR BURD: Okay. Is there anyone here 19 who would like to make a comment on this? If you 07 :19PM 20 would, please come up to the podium, state your 21 name for the record. 22 Somebody has a cell phone; please 23 turn it off or turn it to silent. 24 MS. DUDEK: Evening, Mayor and members Depo•Court Reporting Service (630) 983 -0030 6 1 of the Council. I addressed you last month at 2 your meeting. 3 MAYOR BURD: Ma'am, would you state your 4 name for the record? I 07:19PM 5 MS. DUDEK: I'm sorry. Frances Dudek 6 from Crystal Lake subdivision of Yorkville. Our 7 property abuts. We all received a letter from the 8 Pulte lawyers that this was going to be talked 9 about tonight, we all received certified letters 07:20PM 10 to let us know that this was going to happen. 11 In view of the fact that there have 12 been so many problems on the Phase II section of 13 Autumn Creek, I'm kind of going to ask the City '! 14 Council if they would consider still keeping the I 07:20PM 15 original payment plan that Pulte agreed to with 16 you and perhaps that money could be put into some 17 sort of a fund in case, in the very substantial 18 case, repairs have to be made. 19 There were mistakes made when the 07:20PM 20 second phase of Autumn Creek was developed. You 21 are not allowed to raise elevations next to 22 adjoining property if it then affects the people 23 that live in the homes on that property, and in 24 this particular case, it's flooding. Depo•Court Reporting Service (630) 983 -0030 7 1 We are also not allowed to redo 2 drain tiles, existing drain tiles, which kept our 3 area from flooding, and when the property was 4 regraded, drain tiles were eliminated. A new 07:21PM 5 sewer system was put in, but that's not helping 6 us. 7 We have suffered through three 8 months of flooding since January, February, March, 9 April. Our sumps pumps have gone continuously and 07:21PM 10 we have water in our basements. 11 So what we're asking the City 12 Council, what I'd like them to consider, is that 13 perhaps the moneys that Pulte would have given you 14 could be set aside in some sort of a fund that 07:21PM 15 eventually might pay for some of the things that 16 have to get fixed, and it would not have to be a 17 reflection of the people, the taxpayers of 18 Yorkville, would have to pay for. 19 Any questions? 07:21PM 20 (No Response.) 21 MS. DUDEK: I think I told you 22 everything. 23 MAYOR BURD: Thank you. 24 MS. DUDEK: The main thing was the Depo•Court Reporting Service (630) 983 -0030 8 1 raising of the elevations six to 12 feet above our 2 property, so we got all the water run -off from 3 that, and then again the removal of the drain 4 tiles that prevented us from flooding all these 07:22PM 5 years. Thank you. 6 MAYOR BURD: Thank you. Is there anyone 7 else here tonight who would like to speak? 8 MR. O'MALLEY: My name is Robert 9 O'Malley and I, too, am a resident of the Lillian 07:22PM 10 Lane subdivision, which is opposed to the Pulte 11 development, and I am saying is what right does i 12 the City of Yorkville have to give these i 13 developers permission to enrich themselves at the 14 expense of the residents who live there whose 07:22PM 15 basements are flooding as we speak, and the City 16 of Yorkville, and especially the Public Works man, 17 says that's the lay of the land? 18 Well, we've been there before Pulte 19 ever thought about developing their property and I 07:23PM 20 find it offensive that the City of Yorkville would 21 damn us for the sake of a few dollars for their 22 sake of getting retail sales or whatever they are 23 talking about at the expense of the residents who 24 are already there and suffering what already has Depo•Court Reporting Service (630) 983 -0030 9 1 been going on for the last year. Thank you very i 2 much. 3 MAYOR BURD: Thank you, sir. Is there 4 anyone else here tonight who would like to speak? 07 : 23PM 5 Yes, s i r. i 6 MR. MILLIRON: Todd Milliron, 61 7 Cotswold Drive. The way I understand this is 8 Pulte is asking for a timing difference on how 9 these fees will be paid and it's all in Exhibit 07:24PM 10 E -- or Exhibit G, as in girl, which came out of 11 the original annexation agreement, which would be 12 2005 -25, and there was two items referenced in 13 that Exhibit G. 14 Item one is the one that pertains I r. 07:24PM 15 believe to the 80/20 split, which has to do with i I 16 the building permit fee, which is $650 plus 20 1 17 cents per square foot for every square foot 18 that -- the size of the house. 19 So the way I understand it, they're 07:24PM 20 supposed to get 80 percent upfront and defer the 21 20 until they get their occupancy permit. 22 The other pertains to the 23 development fees, which there are several fees 24 that are involved there, and this is on a 50/50 Depo•Court Reporting Service (630) 983 -0030 10 1 split, and the public works fees is $700, the 2 police fee is $300, the building fee, which would 3 be for like a new city building or something like 4 that, is $150, the library fee is $500, parks and 07:25PM 5 recreation is 50, engineering is $100, and the 1 6 Bristol - Kendall Fire Department is $1,000. '.l 7 That all adds up to $2,800 in fees, 8 of which apparently 1400 would be paid at the time 9 of permit and the other $1,400 would be received 07:25PM 10 at the time they received their occupancy permits. 11 I would ask that if you think about 12 amending this fee agreement that you also consider 13 the school district and possibly putting in some `I 14 type of, I don't know, CPI or something like that i 07:25PM 15 so that the value of the 2000 money -- the 2005 16 money was passed at that time, whatever, we 17 continue to still have the buying power of the I' 18 school district fees that would be included in 19 this annexation agreement, which is $3,000 for 07:26PM 20 what I would consider the transition fee, I 21 believe that's what it's called, and then there is 22 another land cash fee that applies to the school, 23 and it depends on if it's a duplex or a 24 single- family home, and under the school section I I Depo•Court Reporting Service (630) 983 -0030 11 1 that's $762.73, and under the single- family homes, 2 that would be a fee of $1,200.12 -- or $1,212. 3 So if this agreement is amended, I 4 would ask that the schools be considered and we I 07:26PM 5 would get some type of an inflationary add -on here 6 as these homes are built in the future so that the 7 cost of the money that was agreed to still has the 8 buying power in the future of that agreement. 9 Thank you. 07:27PM 10 MAYOR BURD: Is there anyone else here 11 tonight who would like to speak? 12 MR. O'MALLEY: Is it limited just to -- 13 MAYOR BURD: Yes. This is just the i 14 public hearing on Pulte Home. Anybody who would 07:27PM 15 wish to speak on that? t I 16 (No Response.) 17 MAYOR BURD: If there is no more 18 comments -- 19 ALDERMAN SPEARS: Can we speak now? I 07:27PM 20 MAYOR BURD: Yes . I 21 ALDERMAN SPEARS: Okay. I do have some 22 concerns. I am actually the Alderman for the Ward 23 4 for Pulte Homes, and I know that you're talking 24 about creating a good partnership, but I feel the Depo•Court Reporting Service (630) 983 -0030 12 1 partnership that you created with the 80 -some 2 people that were responsible for paying SSA's and 3 they are paying them now and then you suddenly, 4 Pulte Home, decided that they were going to do I � 07:27PM 5 some kind of promotion, which you said were three 6 months, but I believe it was longer than that, it 7 started in spring and continued until Halloween, 8 because I was there quite often with the people, 9 and also I just recently last week received a 07:28PM 10 phone call from an Autumn Creek current homeowner 11 and apparently there is a new home going up right 12 behind him and the elevation is either two or four 13 feet higher, and he is quite concerned, as these l 14 other people, that there is going to be flooding . 07:28PM 15 issues, and I think that you should really address I 16 these issues and address the other people. 17 And how many people actually 18 purchased homes without an SSA there? 19 MR. MASTROROCCO: Alderman Spears -- and 07:28PM 20 I know we communicated a little bit through the 21 Community Development Department -- I wasn't !! 22 working on the project at that time. i 23 The information that I got was that 24 it was approximately ten homeowners who were able Depo•Court Reporting Service (630) 983 -0030 13 1 to take advantage of that sales promotion. If you 2 have information or anyone else does that's i 3 contrary to that, I can certainly check with folks 4 internally at our company and get right back to I 07:29PM 5 you tomorrow on that. 6 ALDERMAN SPEARS: Do you realize what 7 you have created with those ten people? Those ten 8 people are paying -- How much is your SSA for the 9 homeowners? 07:29PM 10 MR. MASTROROCCO: $35, 000. 11 ALDERMAN SPEARS: So the ten people that 12 you allowed, automatically their homes are worth !.' 13 $35,000 more than the original 80 some people that 14 purchased and the people that are purchasing now, 07:29PM 15 and to me, that is not fair at all, and you know I 16 have concerns with that. I did voice that. 17 And also are you purchasing -- is 18 Pulte purchasing Autumn Creek -- or I'm sorry, 19 Bristol Bay, Centex Homes? 07:30PM 20 MR. MASTROROCCO: Well, publicly there 21 is the announcement of the merger between Pulte 22 Homes and Centex Homes. That merger transaction 23 has not been completed yet. 24 ALDERMAN SPEARS: Okay. And my last and Depo•Court Reporting Service (630) 983 -0030 14 1 final statement I'd like to say is this would be 2 setting a recedence. We will have ever single P Y g 3 developer coming in asking us for something, and 4 this City at this time cannot afford that. 07:30PM 5 We just have a very tight budget, we 6 need all the funds we can get, as well as our 7 school district, our library, our emergency 8 personnel. 9 And on the upside I'd like to say 07:30PM 10 I've heard that your homes are just remarkable. 11 Everybody loves your construction and your homes, 12 and I do want to add that as well. 13 MR. MASTROROCCO: Thank you. 14 ALDERMAN SPEARS: And I love to see you 07:30PM 15 in Yorkville. However, I cannot vote in favor of I 16 this due to all the items that I just mentioned. � I 17 ALDERMAN PLOCHER: What's the benefit to 18 the City for doing this? I mean, there is 19 obviously a benefit to you, but what's the benefit 07:31PM 20 to us? Are you getting houses faster or what's 21 the deal? 22 MR. MASTROROCCO: I think that's exactly ,! 23 right, Alderman. Sales paces are critical to a 24 successful community. The sooner we are able to Depo•Court Reporting Service (630) 983 -0030 15 1 complete the homes, the less ongoing construction 2 there is within the community, and I would really 3 view that as the most important benefit to the 4 community as a whole. j 07:31PM 5 ALDERMAN PLOCHER: Can you guarantee 6 you're going to build them faster than you are 7 now? 8 MR. MASTROROCCO: We're certainly 9 motivated to complete this high quality community 07:31PM 10 as quickly as possible. Obviously we can control 11 certain things, but ultimately we can't control 12 the market and the decisions that consumers make 13 given -- given the challenges of today's economic 14 conditions. 07:32PM 15 ALDERMAN PLOCHER: Thank you. I 16 MAYOR BURD: Alderman Gilson? 17 ALDERMAN GILSON: I'm not against 18 development, but I guess I believe the City of 19 Yorkville has been more than fair and equitable to 07:32PM 20 the developers in the past to the point of giving 21 so many concessions that we as a city couldn't 22 even keep up with all the concessions we've given 23 and it's created uncontrolled growth. Some of 24 these concessions have come back to haunt us, Depo•Court Reporting Service (630) 983 -0030 16 1 especially now in times of economic disparity. 2 I am not in favor of giving any more 3 concessions to Pulte at this time. In their 4 business there is -- in your business obviously 07:32PM 5 there is risk and reward, and when things are good 6 and concessions were plentiful, there was no 7 approach to the City and no complaints and 8 obviously you were making money. 9 When times are bad and developers 07:32PM 10 aren't -- aren't building like they wanted to, 11 they want bailout agreements, they want to ask the 12 City for further concessions, such as refunds and 13 payment options, and really it's put the City in a 14 liability, and the residents, and multiple 07:33PM 15 problems because -- have resulted because of it, 16 so I am not in favor of giving any concessions at 17 this time. 18 MAYOR BURD: There is still P ublic 19 comment. Any other Aldermen? 07:33PM 20 ALDERMAN SUTCLIFF: Yeah, I'd like some 21 clarification as far as the school district is 22 concerned. Does the City have a right to i I 23 negotiate the payment of those fees? 24 Because I never even thought about Depo•Court Reporting Service (630) 983 -0030 17 'I 1 that. We talked about it in the EDC, this might 2 affect the school's money going to them. 3 MR. MILLER: There are -- if I can 4 answer. There are ordinances in place, the land 07:33PM 5 cash ordinance, as well as the transition fee 6 ordinance. The annexation agreement for Pulte as I 7 created contemplated both of those, included them, 8 in the fee schedule. 9 This amendment is focused on -- what 07:34PM 10 Pulte is currently asking for is an amendment to 11 the development fees, does not include the fees 12 that are being paid to the school district. The 13 transition fee is the fee that is paid in building 14 permit. It's actually paid directly to the school 07:34PM 15 district. They give the petitioner or the �i 16 applicant a receipt which is brought to City Hall 17 and a permit is not issued until that is received 18 and verified that the school district is getting a 19 transition fee on the unit. 07:34PM 20 Land cash was negotiated as well in 21 this agreement. Following the land cash 22 ordinance, it was mentioned earlier this 23 particular development donated 15 acres for the 24 location of an elementary school, so that was part Depo•Court Reporting Service (630) 983 -0030 18 1 of the land cash equation. That contribution 2 wasn't enough to fulfill the land cash 3 requirement, which is why there is some remaining 4 cash amount that is due. 07:35PM 5 Again, there is a permit or the 1 6 amendment request that is the subject of the (1 7 public hearing this evening and doesn't include 8 amending the terms of either of those payment 9 types to the school district. 07:35PM 10 ALDERMAN SUTCLIFF: Personally I think 11 that the end result that I asked in the EDC 12 meeting is that are we going to get any less money 13 than we would have otherwise and the answer is no. 14 I don't think this is a bailout. i 07:35PM 15 We're going to get our money; we just may not get 16 it all right away. 17 And the second on timing, we do have 18 to be working together, partner with eligible 19 businesses. The last thing we want are developers 07:35PM 20 going under and leaving and having unfinished j 21 homes and unfinished development. That's bad for i 22 our city. 23 So we can work together. It's not 24 going to cost us any money. We will get our Depo•Court Reporting Service (630) 983 -0030 I I 19 1 money, but it will take some time. I think we all 2 have to be flexible during this economic trying 3 time. 4 ALDERMAN MUNNS: As much as I would like 07:36PM 5 to empathize with developers and builders and 6 businesses coming to Yorkville, I have to echo 7 some of the comments I have heard from the 8 Aldermen that when times are great and developers 9 are making billions of dollars, I've never heard 07:36PM 10 one knock on our door going, "Here is an extra mil 11 for you because we're doing so great, we're making 12 money, we can't even count ", and then when times 13 are hard, everybody's got their hands out. 14 So at some point you do have to draw 07:36PM 15 the line, you know, as cold as that may seem, and, j 16 you know, at some point again, you know, we are 17 looking out for the City's best interests first, 18 and even though we're not going to be getting any 19 less, again, what if things happen between that 07:36PM 20 first payment and the second payment and then we 21 are left with that, and then you would be short. 22 So I'd have a hard time right now 23 supporting that unless there is more follow -up 24 information. Depo•Court Reporting Service (630) 983 -0030 20 1 MAYOR BURD: Alderman Werderich. 2 ALDERMAN WERDERICH: I just wanted 3 somebody from the City Staff to speak to the 4 Autumn Creek issue, speak to the issues about the 07:37PM 5 flooding that occurred in the neighborhoods 1 6 adjacent to -- 'I ' 7 MR. WYWROT: Yeah, I can update you on 8 that. The issue has to do with a single drain 9 along Lillian Lane that was prior to Autumn Creek 07:37PM 10 being constructed. It drains by way of drain tile 11 to Blackberry Creek. 12 During the construction of a portion 13 of Phase II that tile -- it was found that the 14 liner of that tile corresponded with the storm 07:37PM 15 sewer. There is going to be two ways we address 16 an issue like that; one is they can replace the 17 the the way it was or the other acceptable form 18 is to connect the storm sewer. 19 It was connected to the storm sewer 07:37PM 20 and consequently drained to the stormwater basin 21 u near Blackberry Creek. The problem with that P Y P I 22 the outflow of that basin was not P ut in and with i 23 the rains that we have received over the last six 24 months being much higher than normal, the basins Depo•Court Reporting Service (630) 983 -0030 21 1 were filled and it impacted the ability of that I 2 drain to handle the drainage of the Bristol i 3 subdivision. That flows down in. That drain 1 4 should be functioning just fine. 07:38PM 5 We have instructed Pulte and the Y , 6 have agreed to replace the the to make it 7 independent of the Autumn Creek storm drain 8 system, so that would be put back really the way I 9 it was independent of the Autumn Creek i 07:38PM 10 development. 11 ALDERMAN SPEARS: May I ask a question? 12 MAYOR BURD: Yes. 13 ALDERMAN SPEARS: Is there a time frame 14 of when that will be done? 07:38PM 15 MR. WYWROT: Well, the outflow for the i 16 pond is in now. The tile, that work needs to 17 happen yet. It has not happened yet. 18 ALDERMAN SPEARS: Are we going to set a 19 time frame when that needs to be done? 07:38PM 20 MR. WYWROT: We've been in discussion 21 with Pulte on that. We haven't set a deadline for 22 that so to speak, but the conversation we've had 23 indicates that we wanted to have this relatively 24 soon so I would Y� anticipate b y ou know the next P Depo•Court Reporting Service (630) 983 -0030 r 22 1 couple of months this work will be done. 2 MAYOR BURD: Alderman Gilson. 3 ALDERMAN GILSON: I just have a problem 4 with the fact that we've been in too many 07:39PM 5 discussions with no definitives at h t e expense of 6 the residents, and I think we really need to hear 7 from them in terms of when they're going to fix 8 that problem and some of the other issues we are 9 hearing tonight. 07:39PM 10 MAYOR BURD: Do you want to respond? 11 MR. MASTROROCCO: Sure. I can speak to 12 the Alderman's very pertinent question. I think _I 13 what I will do tomorrow morning is talk to Bernie 14 Palardy, who is our land development manager who 07:39PM 15 spoke with City Staff in the past, and we'll put 16 together on paper a definitive schedule to get I I 17 this storm water improvement completed and make LI 18 sure that it's to the satisfaction of City Staff 19 and the City Council. 07:39PM 20 We understand the urgency of this 21 and we understand that it's a priority and we'll 22 do it in a fashion that's satisfactory to 23 everyone. 24 ALDERMAN GILSON: Thank you. Depo•Court Reporting Service (630) 983 -0030 23 1 MAYOR BURD: Do you wish to speak, sir? 2 I have another gentleman who had his hand raised 3 up before you. 4 MR. BEQUEATH: Would you like to speak, - 07 : 40PM 5 sir? 6 MAYOR BURD: No, it was this gentleman 7 here. Well, why don't you go ahead? 8 MR. BEQUEATH: My name is Steven 9 Bequeath (phonetic) and I live in Autumn Creek, 07:40PM 10 and from the whole SSA situation I can say I am 11 kind of jaded against Pulte Homes. 12 As far as the way I look at it, we 13 go back to the SSA situation, they clearly had the ; j 14 money to pay this. From what I remember, it was 07:40PM 15 14.1 billion they grossed last year. { I 'i 16 Now, all of a sudden, like everyone j 17 else was saying, times are tough, they don't want 18 to pay. Well, you know, we paid the SSA when we i 19 agreed to -- when we purchased there, but clearly i 07:40PM 20 someone -- I shouldn't say someone, a corporation 21 like this has the money to do this, and if a 22 smaller community like the one we live in can 23 benefit from an agreement that was already on 24 paper, I don't see why they would -- should be Depo•Court Reporting Service (630) 983 -0030 I 24 1 allowed to change their agreement and not put 2 money forth. Thank you. 3 MAYOR BURD: Thank you. Yes, sir. 4 MR. O'MALLEY: Once again my, name is 1 07:41PM 5 Robert O'Malley and I would like to take aversion 6 to what Mr. -- 7 MAYOR BURD: Wywrot. 8 MR. O'MALLEY: -- Wywrot had to say 9 about tile. The existing tile was lower than what 07:41PM 10 they connected to. We are still being flooded by 11 the existing tile that they put in right now. 12 MAYOR BURD: They haven't put in that 13 the et. The connected to the -- i Y Y i 14 MR. O'MALLEY: What I mean by Pulte, 07:41PM 15 site work tile. 16 MAYOR BURD: Stormwater. 17 MR. O'MALLEY: It is lower -- It is not 18 as low as what the existing tile was, and we are 19 being flooded by that because they tied the 07:41PM 20 existing tile in to an upper tile that only ran 21 about four feet below grade, whereas the existing 22 tile ran eight feet. 23 Now, what right has the City of 24 Yorkville got to put elevations eight -- six to Depo•Court Reporting Service (630) 983 -0030 25 1 eight feet above normal land and flood out the 2 people who are already in the area? And that's 3 exactly what's happening. 4 And he's saying well, this here is i I � 07:42PM 5 all potentials, this here lawyer says it's all 6 potential, but it's not affecting us right now. I 7 mean, yes, it is affecting us right now. We don't 8 have a date, we never had a date -- a problem 9 until this developer came in, and when we met here 07:42PM 10 a month ago, we asked for representation from 11 Pulte. 12 Well, you know what? There was none 13 to be had. Now they want to come in here and 14 change everything and say we want this favor b g Y g Y Y 07:42PM 15 Yorkville to benefit us, but screw the population 16 who is already living there. 17 I mean, how would you as a mayor I 18 like three feet of water in your basement? I 19 wouldn't want three inches of water in my 07:43PM 20 basement. 21 In the flood of '97, I didn't have a 22 drop of water, but I'm having water coming up 23 through my floor right now, and I am sick of it. 24 And Pulte, what does he care about Depo•Court Reporting Service (630) 983 -0030 i 26 1 us? We're not in the City of Yorkville. We're 2 just, you know, people who live by the creek, and 3 I'm sick and tired of Yorkville telling us well, 4 you have to live with it because we want Pulte's 07:43PM 5 money. 6 Well, screw Pulte. They're not 7 helping us. They're not going to help you in the 8 long run either because we already -- people on 9 Mattaminik (phonetic) have already experienced the 07:43PM 10 problem of what you people did to them, flooded 11 basements where they never had basement -- water 12 in their basement before, and you're not doing 13 anything, and I am talking about that man right 14 there. He gives us the run around. 07:43PM 15 So I mean, make up your mind. What 'i II! 16 do you want? Happy residents or dissatisfied I 17 residents? Thank you very much. I -J 18 MAYOR BURD: Thank you. I know I want 19 happy residents. Are you putting in this drain 07:44PM 20 tile at eight foot? 21 MR. MASTROROCCO: I am not an engineer, 22 I don't know the answer to that question, but -- 23 MR. O'MALLEY: That's the answer we had 24 last week -- at the last one. Depo•Court Reporting Service (630) 983 -0030 27 1 MR. MASTROROCCO: But I can coordinate 2 with the City to make sure that the improvement 3 that is installed is at the correct elevation. 4 MAYOR BURD: Is there anyone else here ..1,.- 07:44PM 5 tonight who would like to speak on this issue? 6 (No Response.) 7 MAYOR BURD: Okay. And we will go out 8 of our public hearing. Public hearing has ended. 9 (Which were all 10 proceedings had in 11 public hearing at the 12 aforementioned meeting.) 13 --- 000 - -- 14 f , 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 28 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 28, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof, signed and 14 certified under my hand only. I assume no 15 responsibility for the accuracy of any reproduced i 16 copies not made under my control or direction. 17 In testimony whereof, I have 18 hereunto set my hand this 28th day of May, A.D., 19 2009. 20 21 Cam/ /J 7• C/�. 22 Christine M. Vitosh, CSR 23 CSR No. 084 -00288 24 Depo•Court Reporting Service (630) 983 -0030 29 3 6:1 11:3 basement [4] - 15:16,16:18, adds [1l - 10:7 amending [2] - 25:18, 25:20, 20:1, 21:12, 22:2, adjacent [11 - 10:12, 18:8 26:11, 26:12 22:10, 23:1, 23:6, $1,000 Ill- 10:6 3412] - 3:19, 20:6 amendment [6l - basements [3] - 24:3, 24:7, 24:12, $1,200.12 [1] - 4:20 adjoining [1l - 3:8, 3:12, 4:5, 7:10, 8:15, 26:11 24:16, 26:18, 11:2 6:22 17:9, 17:10, 18:6 basin [21- 27:4, 27:7 $1,212 111 - 11:2 4 Administrator amount [2] - 20:20, 20:22 Burd [1l - 4:2 $1,400 [1] - 10:9 [1l - 2:14 5:13, 18:4 basins [1l - business [2] - $100 [1l - 10:5 advantage [11- ANN [1l - 2:6 20:24 16:4 $150 [1l - 10:4 4 Ill- 11:23 40 [1l - 4:15 13:1 Annexation [1l - Bay [11 - 13:19 businesses [2l - :. $2,800 Ill- 10:7 affect [11- 17:2 3:9 behalf [11 - 2:20 18:19, 19:6 $3,000 [1l - affecting [21 - annexation [41 - behind (1) - buying [zl - 10:19 5 25:6, 25:7 3:15, 9:11, 10:19, 12:12 10:17, 11:8 $300 [1l - 10:2 affects 11l - 6:22 17:6 below [1] - 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16:7 coordinate (1) - decisions drainage [1) - especially (2) - few (1) - 8:21 complete [3] - 27:1 15:12 21 :2 8:16, 16:1 FIELD [1) - 2:19 15:1, 15:9, 28:8 copies [z) - defer (1 9:20 drained (1) - evening [4) - filed [1) - 3:7 completed [2] - 28:13, 28:16 definitive [1) - 20:20 3:20, 4:1, 5:24, filled [1] - 21:1 13:23, 22:17 corporation [1) - 22:16 drains [1) - 18:7 final [1) - 14:1 components [1] 23:20 definitives 11) - 20:10 eventually [1) fine [1) - 21:4 - 4:18 Corporation [1) 22:5 draw [1) - 19:14 7:15 Fire [1) - 10:6 concerned [21- - 3:6 Department 131 - Drive [1) - 9:7 exactly [2) - first [3) - 4:18, 12:13, 16:22 correct [21- 4:22, 10:6, 12:21 drop [1] - 25:22 14:22, 25:3 19:17, 19:20 concerns (2) - 27:3, 28:8 developed [1) - DUDEK [4) - Exhibit [3) - 9:9, fix [1) - 22:7 11:22, 13:16 corresponded 6:20 5:24, 6:5, 7:21, 9:10, 9:13 fixed [1) - 7:16 concessions [7) [1) - 20:14 developer [21- 7 :24 existing [6) - flexible [1) - - 15:21, 15:22, Cost (2) - 11:7, 14:3, 25:9 Dudek Ill - 6:5 7:2, 24:9, 24:11, 19.2 15:24, 16:3, 16:6, 18:24 developers [s) - due [2) - 14:16, 24:18, 24:20, flood t2)- 25:1, 16:12, 16:16 Cotswold (1) - 8 :13, 15:20, 16:9, 18 :4 24 :21 25:21 conditions [4] - 9:7 18:19, 19:5, 19:8 duplex [1] - expense 131 - flooded (3) - 4:10, 5:9, 5:10, COUNCIL [1) - developing [1) 10:23 8:14, 8:23, 22:5 24:10, 24:19, 15:14 1:6 8:19 during [21- 19:2, experienced [1) 26:10 connect [1) - Council [5) - 4:2, Development 20 :12 - 26 :9 flooding 171 - Depo•Court Reporting Service (630) 983 -0030 31 6:24, 7:3, 7:8, guarantee [11- 14:20 J 20:9 25:17 8:4, 8:15, 12:14, 15:5 housing [21 - limited 11] - Mayor [41- 2:2, 20:5 guess [11- 4:10, 5:10 11:12 3:22, 4:2, 5:24 floor(il - 25:23 15:18 JACQUELINE line Ill- 19:15 McLaughlin [2] - flows [il - 21:3 (l] - 2:16 linerli] - 20:14 2:13, 4:7 focused [l] - H jaded 111- 23:11 live [6] - 6:23, mean [5] - 17:9 January [11- 7:8 8:14, 23:9, 23:22, 14:18, 24:14, folks [1] - 13:3 1[ 121- 6:12, JOE (1) - 2:4 26:2, 26:4 25:7, 25:17, follow [i] - Hall Ill - 17:16 20:13 JR Ill - 2:9 living [t] - 25:16 26:15 19:23 Halloween Ill - ILLINOIS [z] - location [11- MEETING ill - 12:7 1:7, 28:1 follow- up(i] - K 17:24 1:6 hand [31- 23:2, Illinois 121 - � 19:23 look 1i] - 23:12 meeting [a] - following 11] - 28:14, 28:18 1:17, 2:21 looking [t] - 1:13, 6:2, 18:12, handle Ill - 21:2 impact Ill - 5:13 KATHLEEN [i1 17:21 19:17 27:12 foot [31- 9:17, hands [l] - impacted [1] - 2:19 19:13 21:1 keep (i] - 15:22 love (1] - 14:14 members [21- 26:20 loves [l] - 14:11 4:2, 5:24 foregoing [11- happy [2] - importantly] - keeping [�l low ill - 24:18 mentioned (21 - 26:16, 26:19 15:3 6:14 28:7 lower (z] - 24:9, 14:16, 17:22 form (1] - 20:17 hard (2] - 19:13, improvement Kendal[ [11- forth [1] - 24:2 19:22 [21- 22:17, 27:2 10:6 24:17 merger [2] - 13:21, 13:22 four [21- 12:12, haunt [l] 15:24 improvements Kennedy [i] M met Ill - 25:9 hear [iI - 22:6 ill - 5:2 3:18 24:21 might (2) - 7:15, frame [21- heard [31- inches [l] - kept [i] - 7:2 17:1 14:10, 19:7, 19:9 25:19 kind [3] - 6:13, ma'am [t] - 6:3 21:13, 21:19 mil [1] - 19:10 Frances [�] - 6:5 hearing [8] - 3:6, include [2] - 12:5, 23:11 main (i] - 7:24 Miller [i] - 4:8 fulfill [11- 18:2 11:14, 18:7, 22:9, 17:11, 18:7 knock p] - man 12] - 8:16, MILLER [1] - 19:10 functioning 1t] - 27:8, 27:11, 28:6 included [zl - 26:13 17:3 21:4 help 11] - 26:7 10:18, 17:7 knows [11- 5:8 Manager [i] - MILLIRON [l] - fund [2] - 6:17, helping [2] - 7:5, inclusive [11- 4 :6 9 . 6 7:14 26:7 28:8 L manager[i] - M(Iliron [il - 9:6 hereby [11 - 28:4 independent [21 22:14 funds 111- 14:6 MILSCHEWSKI herein [11- 3:4 - 21:7, 21:9 March [1] - 7:8 future [3] - 4:19, LA [i] - 28:2 [i] - 2:16 11:6, 11:8 hereto [i ] - indicates [�] - Lake [11- 6:6 Mark (i] - 4:3 mind [i1- 26:15 28:12 21:23 market [31- [and [9] - 8:17, mistakes [� ] - hereunto [1] - inflationary [11- 4:10, 5:10, 15:12 G 10:22, 17:4, 6:19 28:18 11:5 MARTY [l] - 2:5 17:20, 17:21, money [is] - high [1] - 15:9 information [31 18:1, 18:2, 22:14, MASTROROCC 6:16, 10:15, Game [l] - 1:16 higher [z] - 12:23, 13:2, O [ill - 3:22, 4:1, i, 25:1 10:16, 11:7, 16:8, GARY (1] - 2:3 12:13, 20:24 19:24 Lane [z] - 8:10, 12:19, 13:10, 17:2, 18:12, gentleman 121 - home [21- installed [l] - 20:9 13:20, 14:13, 18:15,18:24, 23:2, 23:6 10:24, 12:11 27:3 14:22, 15:8, last [s1 -6:1, 9:1, 19:1, 19:12, GEORGE [11- Home [3] - 3:6, instructed 111- 12:9, 13:24, 22:11, 26:21, 23:14, 23:21, 2:9 11:14, 12:4 21:5 18:19, 20:23, 27:1 24:2, 26:5 Gilson [21- homeowner [il interests Ill - 23:15, 26:24 Mastrorocco [l] moneys (1] - 15:16, 22:2 - 12:10 19:17 lastly 11] - 4:24 - 4 :3 7:13 GILSON [a] - homeowners [21 internally [l] - Mattaminik 2:9, 15:17, 22:3, - 12:24, 13:9 13:4 lawyer [�] - 25:5 1 1 " month (z] - 6:1, lawyers [11- 6:8 26:9 25:10 22:24 Homes [71- involved Ill matter[i] - 1:14 months [41- 7:8, girl [l] - 9:10 3:21, 4:3, 11:23, 9:24 lay [i] - 8:17 leaving [1] - MAYOR (zs] - 12:6, 20:24, 22:1 given [41 7:13, 13:19, 13:22, issue [a] - 20:4, 3:5, 3:23, 5:18, morning [i1- 18:20 15:13, 15:22 23:11 20:8, 20:16, 27:5 6:3, 7:23, 8:6, 22:13 [eft [1] - 19:21 GOLINSKI Ill - homes [io] - issued [1] less (3] - 15:1 9:3, 11:10, 11:13, most [11- 15:3 , 2:3 4:15, 6:23, 11:1, 17:17 11:17, 11:20, motivated[] grade 111- 24:21 11:6, 12:18, issues [a] - 18:1 letter 19:19 15:16, 16:18, ' g letter [�] - 6:7 15:9 great [2] - 19:8, 13:12, 14:10, 12:15, 12:16, letters [i] - 6:9 20:1, 21:12, 22:2, MR 1291 - 2:3, 19:11 14:11, 15:1, 20:4, 22:8 22:10, 23:1, 23:6, 2:4, 2:8, 2:13, 18:21 item ill - 9:14 liability [i] 24:3, 24:7, 24:12, grossed [11- 16:14 3:22, 4:1, 8:8, 23:15 hour (i] - 1:16 items (2) - 9:12, 24:16, 26:18, 9;6, 11:12, 12:19, growth [11- house Ill - 9:18 14:16 library (z] - 10:4, 27:4 27:7 13:10, 13:20, g 14:7 15:23 houses [i] - Lillian [21- 8:9, mayor [iI - 14:13, 14:22, Depo•Court Reporting Service (630) 983 -0030 32 15:8, 17:3, 20:7, occurred [1I - 18:18 plentiful [11- public 181- 3:5, received 171 - 21:15, 21:20, 20:5 partnership (6)- 16:6 10:1, 11:14, 6:7, 6:9, 10:9, 22:11, 23:4, 23:8, OF (4] - 1:7, 4:9, 4:21, 5:6, PLOCHER [4] - 16:18, 18:7, 27:8, 10:10, 12:9, 24:4, 24:8, 24:14, 1:13, 28:1, 28:2 5:11, 11:24, 12:1 2:4, 14:17, 15:5, 27:11 17:17, 20:23 24:17, 26:21, offensive [11- passed [11- 15:15 publicly 111- recently p] - 26:23, 27:1 8:20 10:16 plus [i] - 9:16 13:20 12:9 MS D1- 2:2, 2:7, often (1] - 12:8 past 121 - 15:20, podium [21- Pulte [241- 3:6, record 121- 5:21, 2:19, 5:24, 6:5, once [21- 5:5, 22:15 3:24, 5:20 3:21, 4:3, 6:8, 6:4 7:21, 7:24 24:4 pay [41- 7:15, point [3) - 15:20, 6:15, 7:13, 8:10, Recreation (il - multiple [i] - one 161 - 9:14, 7:18, 23:14, 19:14, 19:16 8:18, 9:8, 11:14, 4:22 -i 16:14 19:10, 20:16, 23:18 police [1] - 10:2 11:23, 12:4, recreation [11- 1 MUNNS [21- 23:22, 26:24 paying [31- pond [1] - 21:16 13:18, 13:21, 10:5 2:5, 19:4 ongoing (1] - 12:2, 12:3, 13:8 population [1] - 16:3, 17:6, 17:10, redo [11- 7:1 15:1 payment [s1- 25:15 21:5, 21:21, referenced [11 - j N opportunity [l1- 3:13, 5:14, 6:15, portion [21- 3:2, 23:11, 24:14, 9 :12 4:20 16:13, 16:23, 20:12 25:11, 25:24, reflection [1] - opposed [i] - 18:8, 19:20 possible pl - 26:6 7:17 name [s1- 4:3, 8:10 people [16] - 15:10 Pulte's p - 26:4 refunds [1] - 5:21, 6:4, 8:8, options [11- 6:22, 7:17, 12:2, pumps [1] - 7:9 16:12 23:8, 24:4 p possibly [1] - p near [11- 20:21 16:13 12:8, 12:14, 10:13 purchased ( - regraded [1] - need [21- 14:6, ordinance [31- 12:16, 12:17, potential pl - 12:18, 13:14, 7 :4 17:5, 17:6, 17:22 13:7, 13:8, 13:11, 25:6 23:19 relatively [11- 22'6 13:13, 13:14, purchasing i ordinances [�] - potentials (1] - p g f 21:23 needs [z] - 17:4 25:2, 26:2, 26:8, 25:5 13:14, 13:17, relief [1] - 5:12 21:16, 21:19 26:10 13:18 original [a] - POWELL (�] - remaining [1] - negotiate (11- 6:15, 9:11, 13:13, per [11- 9:17 2:15 purposes p] - 18:3 16:23 28:12 percent [3] - power [2] - 3:16 remarkable [1] - negotiated 11] - 17:20 ORR [1] - 2:19 4:14, 4:15, 9:20 10:17, 11:8 put [1 o] - 6:16, 14:10 otherwise [1] - perform p] - 5:1 precedence [11- 7:5, 16:13, 20:22, remember [t1- neighborhoods 18:13 perhaps (2) - 14:2 23:14 21:8, 22:15, 24:1, [11- 20:5 outflow [2] - 6:16, 7:13 prevented [1] - 24:11, 24:12, reminder(1] - n [ 20:22, 21:15 permission [11- 8 24:24 4:17 16:2424, , 19:9: 9, 25:8, 8:13 putt z 26:11 overview (1] - priority [1] - g [ 1- removal [1] - 8:3 new (51- 4:23, 4:5 permit [61- 9:16, 22 :21 10:13, 26:19 repairs (11- 6:18 9:21, 10:9, 17:14, problem [5] - replace [21- 5:2, 7:4, 10:3, P 17:17, 18:5 12:11 20:21, 22:3, 22:8, Q 20:16, 21:6 permits (z) - 25:8, 26:10 Report [1] - 28:7 i I next (z] - 6:21, 3:13, 10:10 problems (z] - rEPORT 111 - 21:24 P.M [I] - 1:16 quality [11- 15:9 Personally (11- 6:12, 16:15 1:13 paces 111- 111 - none [11- 25:12 questions 18:10 PROCEEDING q reported 11] - 7:19 normal [z1- 14:23 personnel (1) - S [1] - 1:13 28:5 20:24, 25:1 packets 12] - 14:8 quickly [11- Proceedings [1] 15:10 Repo - north [21- 3:18, 4:13, 5:16 pertains [z] - - 28:7 28:4 3:19 Pages (1] - 28:7 9:14, 9:22 quite [2] - 12:8, notes [1] - 28:9 aid [s1- 9:9 proceedings (31 12:13 representation p , pertinent [1] - - 3:3, 27:10, 28:5 [1] - 25:10 10:8, 17:12, 22 :12 project [41- R reproduced [1] - 0 17:13, 17:14, petitioner 121- 4:12, 4:13, 4:18, 28:15 23:18 3:6, 17:15 12:22 request [1]- O'MALLEY 171- Palardy 11] - phase [1] - 6:20 promotion [2] - rains [11- 20:23 18:6 8:8, 11:12, 24:4, 22:14 Phase [2] - 6:12, 12:5, 13:1 raise [11- 6:21 requesting [1] - paper 121- 20:13 24:8, 24:14, property [s] - raised [1] - 23:2 3:8 22:16, 23:24 hone [21- 5:22, g 24:17, 26:23 p 3:15, 3:17, 4:23, raisin [1] - 8:1 requirement [1] O'Malley [21- Park [2] - 4:21, 12:10 6:7, 6:22, 6:23, ran [21- 24:20, - 18:3 8 :9 24.5 4:23 phonetic (2) - 7:3, 8:2, 8:19 24 :22 residences [1] - obvious (t) - 4:9 parks [11- 10:4 23 26:9 propose [11 - realize pl - 13:6 3:14 obviously [41- part [31- 3:15, place [2] - 17:4, 5:11 really p1- 4:17, resident 111 - 8:9 i 14:19, 15:10, 4:20, 17:24 28.10 proposed (21- 5:4, 12:15, 15:2, residential (21- 16:4, 16:8 particular [2] - plan [1 - 6:15 4:5, 5:15 16:13, 21:8, 22:6 3:16, 3:17 occupancy - 6:24, 17:23 Planned [1] - 3:9 proud [1] - 5:4 residents p y [ z 1 Pledge receipt [11- [ ] - partner [1] - 9:21, 10:10 9 [11- 3:1 Public [t] - 8:16 17:16 8:14, 8:23, 16:14, De o Court Reporting Service 630 P P g ( ) 983 -0030 I I 33 22:6, 26:16, 19:20 spirit [21- 4:9, T 17:13, 17:19 VITOSH [11- 26:17, 26:19 section [21- 5:10 Travis [11- 4:8 1:15 respond [i1- 6:12, 10:24 Split [2] - 9:15, Treasurer [11- Vitosh [21- 28:3, 22:10 see [2] - 14:14, 10:1 taxpayers [1] - 2:15 28:22 Response [3] - 23:24 spring [11- 12:7 7:17 true [11- 28:8 voice (11- 13:16 7:20, 11:16, 27:6 seem [1] - 19:15 square [21- 9:17 TEELING (1) - trying (11- 19:2 vote [1] - 14:15 responsibility set (41- 7:14, SS [11- 28:1 2:10 turn [21- 5:23 [1] - 28:15 21:18, 21:21, SSA [51- 12:18, ten [41- 12:24, two [31- 9:12, w responsible [1] - 28:18 13:8, 23:10, 13:7, 13:11 12:12, 20:15 12:2 setting [11- 14:2 23:13, 23:18 terms [21- 18:8, type [z1- 10:14, result [1] - 18:11 several [11- SSA's (11- 12:2 22:7 11:5 WALLY (11- 2:8 resulted (11- 9:23 staff [1] - 5:13 testimony (1) - types (11- 18:9 Ward 111- 11:22 16:15 sewer (41- 7:5, Staff [31- 20:3, 28:17 water [81- 7:10, retail [2] - 4:19, 20:15, 20:18, 22:15, 22:18 themselves (11- 8:2, 22:17, 25:18, 8:22 20:19 stakeholders [11 8:13 U 25:19, 25:22, reward (11- 16:5 short 111- 19:21 - 5:6 thereof (1) - 26:11 risk [11- 16:5 Shorthand [11- started [1] - 12:7 28:13 ultimately [z1- ways [1] - 20:15 Road (2) - 1:16, 28:4 STATE [11- 28:1 three [51- 4:18, 5:12, 15:11 week [21- 12:9, 3:19 shorthand [21- state [21- 5:20, 7:7, 12:5, 25:18, uncontrolled [11 26:24 Robert 121 - 8:8, 28:5, 28:9 6 : 3 25:19 - 15:23 WERDERICH [21 24:5 sick (2) - 25:23, statement [11- tied [11- 24:19 under [s1- - 2:8, 20:2 ROBYN 111- 2:7 26:3 14:1 tight [11- 14:5 10:24, 11:1, Werderich Ill - ROSE [11- 2:6 signed [1] - Steven [11- 23:8 tile [161 - 20:10, 18:20, 28:14, 20:1 Route 121 - 3:19, 28:13 still [s1- 6:14, 20:13, 20:14, 28:16 whereas [1] - 4:20 silent [11- 5:23 10:17, 11:7, 20:17, 21:6, unfinished 1 24:21 run [31- 8:2, single [51- 4:15, 16:18, 24:10 21:16, 24:9, 18:20, 18:21 whereof (1] - 26:8, 26:14 10:24, 11:1, 14:2, storm (s) - 24:11, 24:13, Unit [1] - 3:9 28:17 run -off [11- 8:2 20:8 20:14, 20:18, 24:15, 24:18, unit [11- 17:19 WHEREUPON single- family [31 20:19, 21:7, 24:20, 24:22, UNITED [11- 1:7 (11- 3:2 S - 4:15, 10:24, 22:17 26:20 United [21- 2:20, whole [z] - 15:4, 11:1 stormwater [21- tiles [41- 7:2, 3:7 23:10 site [z1- 5:3, 20:20, 24:16 7:4, 8:4 units [1] - 4:14 WILLIAM [11- sake [2] - 8:21, 24:15 subdivision [31- timing (41- 3:13, unless [11- 2:15 8 :22 situation [2] - 6:6, 8:10, 21:3 5:14, 9:8, 18:17 19:23 wish (21- 11:15, Sales (11- 14:23 23:10, 23:13 subject [11- tired [11- 26:3 up [101- 3:23, 23:1 sales (21- 8:22, six (31- 8:1, 18:6 today (21- 4:4, 5:20, 10:7,12:11, Works [1] - 8:16 13:1 20:23, 24:24 substantial [11- 5:16 15:22, 19:23, works [1]- 10:1 SALLE [11- 28:2 size [21- 4:13, 6 :17 today's [11- 20:21, 23:3, worth 111- 13:12 I satisfaction [11- 9:18 success [11- 15:13 25:22, 26:15 Wywrot [21- 22:18 smaller [11- 5:5 Todd [1] - 9:6 update [21- 24:7, 24:8 ( satisfactory [11- 23:22 successful [11- together [3] - 4:12, 20:7 WYWROT 131- 22:22 sold [11- 4:14 14:24 18:18, 18:23, upfront [11- 20:7, 21:15, saw [11- 4:13 someone [21- sudden (1)- 22:16 9:20 21:20 schedule 121- 23:20 23:16 tomorrow [z1- upper 111 - 24:20 17:8, 22:16 soon [11- 21:24 suddenly [11- 13:5, 22:13 upside [11- 14:9 y school (131 - 5:1, sooner [11- 12:3 tonight [61- 6:9, urgency [11- 5:3, 10:13, 10:18, 14:24 suffered [11- 7:7 8:7, 9:4, 11:11, 22:20 year [z1- 9:1, 10:22, 10:24, sorry (21- 6:5, suffering [11- 22:9, 27:5 23:15 14:7,16:21, 13:18 8 : 24 total [1] - 4:13 V years [11- 8:5 17:12, 17:14, sort [21- 6:17, sumps [1] - 7:9 tough [11- 23:17 YORKVILLE [11 17:18, 17:24, 7:14 supporting [11- townhomes 11] - VALERIE [11- - 1:7 18:9 south [1] - 3:18 19:23 4:16 2:2 Yorkville [161 - school's (11- SPEARS pol - supposed [1]- transaction [1j - valuable [11- 1:17, 2:21, 3:8, 17 :2 2:6, 11:19, 11:21, 9:20 13 :22 5:16 4:11, 6:6, 7:18, schools (1) - 13:6, 13:11, SUTCLIFF [31- transcribed [11- value [1] - 10:15 8:12, 8:16, 8:20, 11:4 13:24, 14:14, 2:7, 16:20,18:10 3:4 verified [ 1 1 - 14:15, 15:19, screw 121 - 21:11, 21:13, system [21- 7:5, transcript [2] - 17:18 19:6, 24:24, 25:15, 26:6 21:18 21:8 28:9, 28:13 view (21- 6:11, 25:15, 26:1, 26:3 second (41- Spears [11- transition [41- 4:20, 6:20, 18:17, 12:19 10:20, 17:5, 15:3 Depo•Court Reporting Service (630) 983 -0030 34 Z zoned [1] - 3:16 i 1 i Depo•Court Reporting Service (630) 983 -0030 W es t 4:hica,v,oland E.xtro. F RIDAY , • • SECTIO 4 AL Not OQ XA i t . i r o a y, , y� r - i 1 Arturo Garcia (left) and Roman Vasquez remove bricks Wednesday from the Seasons by Southbury development in Oswego. The village has contracted a company to remove debris from a large ( veloped field along Lakeshore Drive after the site's builder apparently abandoned the project. "It's very frustrating," said Patricia Lariviere, village building manager CHUCK BERMAN/TRIBUNE PHOTOS MS - Builder vanishes, leaving a e®mmu�nity in disarm 1 Sy.T=k1M!<cCarthyJ SPECIAL TO THE TRIBUNE number resulted in fast busy signals, wl developer's toll-free number failed to c( When Brian and Sheri Gorski bought a town Patricia Lariviere, Oswego's building a • home in Oswego's Seasons at Southbury Bevel ing manager, said the village tried opment last year, they figured it would be a months to reach the developer to rem( (; busy construction site for the foreseeable fu- mess before deciding to go ahead wit] ture. cleanup work at a cost of $19,000. Preln But that would be a minor inconvenience for work started Tuesday and was expe what promised to be an upscale development take 10 days. of attractive three -story town homes priced The village also got a court order a] about $200,000. The neighborhood was to have unfinished buildings to be boarded up. pow three swimming pools, a clubhouse, a theater, "It's very frustrating," Lariviere sai walking trails and exercise facilities. were in contact with [the developer] 1 Instead, Seasons at Southbury is silent, the and we had a ray of optimism that this "It's become an eyesore, and ...it's going to be a health hazard;' says Sam Figola, president site is a mess, and the developers are nowhere be resolved. [Since then] we've tried to be found. calls and most of the numbers are of the nearby Southbury Villas homeowners association. Muddy town home lots are strewn with con- netted or not in service and mail has b struction debris, illegally dumped trash and turned." green shoots of what will turn into tall grass Brian Gorski said he also has been tr " Vie village r obab and weeds in the next few weeks. find the developer. Because most of th y "We built in Oswego and built this town- homes are unbuilt, the developer is s' house only to have the world crumble around majority property owner and essential shomd ' nave been: a little us," said Brian Gorski, who moved from Na- trols the homeowners association. Gors ` erville with his wife after their children fm- he and his wife quarterly fees aid v� P p q nicr ' a gg r essive. A A l isheci high school. "Part of it is the [conse- through Jan. 1. quences of the] real estate crash, and part of it The payments went to a post office bo. -Sheri Gorski, town home owner in Oswego's is thi.3 builder." name of RPM Property Management s Seasons at Southbury A developer typically takes care of site checks were cashed. When Gorski ched - cleanup and maintenance. But the Naperville- status of RPM on the Illinois secrei bases! Lake Shore Development Group closed state's Web site, he found it listed as "il its on -site offices and models months ago, ac- w FRIDAY, MAY 1, 2009 1 SECTION 4 1 CHICAGOLAND EXTRA I CHICAGO TRIE T V14A , ® 3 tiv 1 , ON TAP - Builder aba .don , home owners GOB GARAGE bands. 6:30 p.m. Friday. Sug isAZ.E gested donation at the door. 9 a.m. Saturday. Heritage Cen- Hammerschmidt Memorial Continued from Page 1 ter,1 S. 325 Ardmore Ave., Oak- Chapel, 190 Prospect Ave., brook Terrace. Call 630 -627- Elmhurst. tary dissolution" effective 6100. March 1. ORGANIC PXJUW SALE Lariviere said costs for the GUIDED ARC C _ Organic vegetables, herbs, one -time cleanup should be AL TOUR annuals and perennials will be covered by letters of credit the Naper Settlement staff will lead sold. 9 a.m. Saturday. Hummer developer posted before the a walking tour of Piety Corner: Park, 4833 Fairview Ave., Dow- development began. n Church and Central Eastside, ners Grove. "We're pretty confident we neighborhoods. 3 p.m. Sat- can call in the letters of credit, i11 it w — r urday. Reservations are required 'REVENGE OF THE SPACE but legally we have no obliga ' and tickets are $10, $9 for Na- PAMM9 tion" for further cleanups, she perville Heritage Society mem- Children's Theatre of Western said. "But we really do empa bers. Call for the starting Ioca- Springs presents the comedy. thize with the people in this tion in Naperville. Call 630 -420- 7:30 p.m. Friday. 2:30 p.m., 7:30 development and the difficul 6010. p.m. Saturday. 2:30 p.m. Sun- ties they are dealing with." day. Tickets are $12, $6 for Sheri Gorski said the ' , DOLLYi' anyone 18 or younger. Reserva- stalled construction and the - I Student performance about tions are required. Cattell Thea- mess has reduced her proper- Dolly Levi, the matchmaker, and tre, Theatre of Western Springs, ty's value, but she is happy to half -a- millionaire Horace Van- 4384 Hampton Ave., Western see some progress toward a dergelder. 7:30 p.m. Friday and Springs. Call 708- 246 -3380. cleanup. Saturday. 2:30 p.m. Sunday. $7, "The village probably students and seniors; $10. HONE13UYERS SE1#UNAR should have been a little more Auditorium, Naperville Central Program includes presentations aggressive," she said. - High School, 440 W. Aurora by an attorney, local real estate A bigger question is Construction debris and partly built homes litter the Seasons by Southbury developmei Ave., Naperville. Call 630 -420- agent, mortgage loan officer whether Seasons at South- wego after the developer apparently abandoned the project. CHUCK BERMAN/TRIBUNE PHO• 6834. from Park National Bank, a bury will ever be completed. state- certified home inspector The original plan called for Abandon housing develop "We've been wor 'E ONLY HAVE =3 FOR and a representative of a local 192 units in 38 buildings, but the village, trying t( d YOU HUD - certified housing counsel- only eight buildings have For more photos from the site visit to clean it up, but Chieagotribune.com /Southbury GreenMan Theatre Troupes or. 10 a.m. Saturday. Free, but been started. Some are fm - number of steps tl stage eight short pieces that registration is required. May ished and occupied by owners are finished units — has not said his group and the South had go through. WE blend likable characters, loony wood Public Library, 121 S. 5th or renters. Others are in var- been landscaped. bury master homeowners as- to have that issue situations and language with Ave., Maywood. Call 708 -447- ied states of completion. One Much of the outdoor mess is sociation have tried to help solved." twists and turns on absurdities. 7577. building has no siding, and on a field encircled by Lake- get the cleanup going through Lariviere said a 7:30 p.m. Friday and Saturday. 3 the house wrap has started to shore Drive and Southbury contacts with local govern- cleanup would be tl p.m. Sunday. $15,$13 for stu- SENIOR HOUSING EXPO detach and flap in stiff spring Boulevard. Several lots near ment officials. sibility of the home( dents and seniors. First United Event features information on breezes. occupied units contain bro- "It's become an eyesore, sociation, "so it's rE Methodist Church, 232 S. York accessible services for seniors Other unfinished units ken drywall, a pallet ofbricks, and, to me, it's going to be a the homeowners, Rd., Elmhurst. Call 630 -464- to help make housing and life- have unsecured doors and concrete cornices and pieces health hazard with the trash hope is that this 2646. style decisions. 10 a.m. Friday. open garage entries. Inside, of roof supports. and animals," said Figola, comes back in and c Free. River Forest Community drywall is in place but instal- Sam Figola, president of the who has a clear view of the do what theyplann( Ise o EN- Center, 8020 Madison St., River lation is incomplete. Most of nearby Southbury Villas site from the rear ofhis single- a new owner takes i TZAR-Oil Forest. Call 708- 848 -5251, the area —even where there homeowners association, family home on Canton Drive. Learn to navigate talking about salary and the nuances of situa- SUZUM MUSIC tion interviewing. 7 p.m. Mon- Piano and string performers, day. Free, but registration is ranging in age from 11 to 18, will required. Carol Stream Public play concerto literature. 7:15 Ice �® AO Library, 616 Hiawatha Drive, p.m. Friday. Free. Pierce Memo - WZY Carol Stream, Call 630 -653- rial Chapel, Washington and 0755. Franklin Streets, Wheaton. Call Continued from Page i money and responsibility would've done it, if it grandchildren stro 630- 752 -5567. Patrick O'Connor, the would've done any good," Patrick O'Conno ART AND CRAFT SHOW suburbs. In 1967, they family's eldest son, remem- said P.J. O'Connor. takes solace in the Event features music, dance, VE GETABLE GLAMENING teamed up with their daugh- bers his grandmother never When the landowner the business serve( martial arts, Lilac Queen and Learn the basics of vegetable ter, Mary Ann O'Connor, allowing them to sit idly refused, the Westmont Park pose. This month, i Court, and crafts. 10:45 a.m. gardening, from preparing the and her husband, P.J., who while on the job; a rainy day District offered the O'Con- the O'Connor clan Sunday. Along St. Charles Road, soil to choosing the right Ioca- had five kids and were was an opportunity to clean nors a consolation prize: the uate from college. Lombard. Call 630 - 627 -5040. tion and selecting the best looking for extra income. the equipment and wipe option to run Stop `n Chat "I tell my parent: plants. 7 p.m. Thursday. Free, The family bought an down counters. as the concession stand at started this as a su COMATING RACISM but registration is required. existing business in down- For the next three dec- Ty Warner Park off of Og- ment, we're all gro The event Free Music, Free Addison Public Library, 4 Friend- town Westmont, already ades, O'Connor kids hated den Avenue. Fire codes he said, adding tha Words, Free of Lies includes ship Plaza, Addison. Call 630- known for its soft -serve ice sweeping at the end of the didn't allow for a grill and wears his Stop `n C performances by student -led 458 -3320. cream and walk -up window night, but loved making up there was nowhere near the shirts from time to They kept the name Stop `n concoctions in the middle of same foot traffic, but Mary "I probably purp Chat, but added personal their shifts —like the Kanor, Ann O'Connor, whose chil- wear them in publi touches, such as pizza bur- a chocolate and peanut cone dren by then had begun to run into people wh gers and mint - flavored ice that stayed on the menu have families of their own, it," he said. cream, said Mary Ann years after Noreen O'Con- cherished her business. I assured the O'C I�IRJSATIs 00Emul ON O'Connor. nor invented it with her Three years after moving that people definit( During the next decade, friend Karen. to the new site, she required it. I remember Stox What's Going On business grew —and so did Whichever O'Connor kid major back surgery and a every time I walk is What: Chicagoland's tail - wagging canines and their the O'Connor family —to 11 was closing the shop was hip replacement. She told generic ice cream two- footed friends will settle who's "top dog" at Rover children. Grandma Morman responsible for bringing the her doctor she'd need to be order a small twist Rescue's pet dog show. Events include best trick, fastest handled Stop `n Chat's day- parents a chocolate soda, ready by April, for Stop `n with peanut brittle eater and Dancing with the Dogs. Dogs must be over 4 to - day operations, while the In 1999, the shop suffered Chat's reopening. But her They try to tell me months old and in good health to be in the show. All dogs O'Connor family provided a a major setback. Though the recovery was not quick called "Krunch coe more than 8 months old must be neutered /spayed to steady flow of employees. family owned the building, enough, so P.J. O'Connor something now. participate. When an O'Connor kid it didn't own the land. And told park district officials "Well, you're rig] When /Where: 10 a.m. to 2 p.m. Saturday in Aurora turned 12, he or she would the owner wanted to sell for that Stop `n Chat would Ann O'Connor ass( Turners Club, 1335 Mitchell Rd., Aurora. begin twirling ice cream big money from a condo- have to close for good. right back with a k Howe much: Dog entries are $5 and include three Cate- cones, then move on to big- minium developer. To this day, Mary Ann "It's peanut brittle. gories, additional categories cost $1. Call 630- 897 -7454. ger jobs like taking orders Stop 'n Chat customers O'Connor, 68, hasn't been and closing out the cash signed petitions and plead- back to Westmont; it's too "Whatever happen( /hat: The first annual Art Chester memorial airplane registers. Stop `n Chat pro- ed with village leaders to painful because she misses runs Fridays in the contest, honoring Art Chester, a Downers Grove native, vided the extra money the step in. Stop `n Chat. But she and Chicagoland Extra airplane enthusiast and speed racer. Free model airplanes O'Connors needed to send "There was just an over- her husband still drink a have a fond memor will be distributed on a first -come, first - served basis. In each of their children to flow of response. I think if chocolate soda each night, the area that you'd addition, model airplanes will be on display. Catholic schools. we would've organized and they've learned to ap- ported and update( When/Where: 10 a.m. to 3 p.m. Saturday in Wandsch- It also taught the kids some pickets and marched preciate the time they have to Vikki Ortiz at va neider Park, 831 Maple Ave., Downers Grove. important lessons about up Cass Avenue they with their family —now 27 @tribune.corn. Bows much: Free, but sign up Is required at the event. For information, call 630 -963 -1309. Send information about events to Helene Van Sickle, Chicago Tribune, 2000 York Rd., Oak Brook, IL 60523 or l west @tribune.com; fax. 630- 368 -4266. News staff. 630- � F>C' ®m her ®hana 368 -4268. WIMO with love. µ. TEM BLOTTER EARkm COUNE TV s officer and resisting a police M an is char ` ®. officer after an incident Sat