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City Council Minutes 2009 06-09-09 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JUNE 9, 2009 Mayor Burd called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present 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, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., June 16, 2009 City Hall Conference Room Economic Development Committee: 7:00 p.m., July 7, 2009 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 18, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 25, 2009 City Hall Conference Room PRESENTATIONS Employee Service Awards Mayor Burd presented the following Employee Service Awards: • Police Chief Harold Martin received a crystal bowl in recognition of his thirty years of service to the United City of Yorkville. Mayor Burd stated that the city could not have a better police chief. Chief Martin stated that he planned to "hang on for awhile" and help the city in this economic crisis. He stated he was working hard for the citizens of Yorkville and asked people to contact him with their concerns. • Police Sergeant Barry Groesch received a crystal paperweight for his twenty -five years of service to the United City of Yorkville. She explained that Sgt. Groesch is the public relations officer for the community who has been active with the DARE program, Explorer Scout Christmas tree sales and as the school liaison. She appreciated his upbeat personality which keeps things interesting. • Police Sergeant Dave Delaney received a plaque for his ten years of service. He has been active with traffic and truck weight enforcement. • Matthew Seng - Public Works Department - received a plaque for his eleven years of service. He serves the city by street sweeping, snow plowing, fixing watermain breaks, leaf collecting, etc. I The Minutes of the ReL-ular Meeting of the Citv Council — June 9. 2009 — Mee 2 The following award recipients were unable to attend: • Bill Barkley — Engineering • Barb Reisinger — Park & Recreation Department • Jean Bazan — Crossing Guard • Allen Meinert — Library Mayor Burd congratulated the employees for their work and invited everyone to have refreshments in the foyer. Certificates of Recognition to the Yorkville High School Girls Track Team Mayor Burd reported that the Yorkville High School Girls Track Team is #1 in the state. Nine members of the team attended the IHSA 2A state track meet May 21— 23, 2009 where they set new state and school records. She congratulated the Lady Foxes. Their coach, Ben Draper, expressed his pride in the girls and their hard work. Aux Sable Creek Watershed Plan Stephanie Sheetz of the Conservation Foundation gave a presentation on the Aux Sable Creek Watershed Plan. See attached PowerPoint presentation. She entertained questions; there were none. EEI Presentation on Windett Ridge Flooding Mayor Burd reported that Jeff Freeman with Engineering Enterprises, Inc. began work on flooding issues at her request. He began with Windett Ridge and had information to present to the City Council. Mr. Freeman distributed an outline and photographs (see attached). Mr. Freeman explained that the plugged Route 47 culvert and the streets without the surface coat are key issues. Water collects on the streets and cannot get into the drains. Public Works has taken measures to improve drainage however stormwater needs to be managed both on and off site. When the subdivision was designed, no northern flow for stormwater was identified. Without a culvert, it is hard to know the drainag It was also identified that 7 %2 acres of land offsite flows through the subdivision and an alternative is needed to manage the runoff. Mr. Freeman explained that a storm sewer could be installed in the utility easement in the rear yards of homes on Claremont Court. Connections to the house's sump pump could also be provided. He also discussed the use of swales, bioswales and bioswales and storm sewers combined. He explained that the fences in the backyards will need to be removed and re- installed after construction. He also suggested that the surface coat be installed on Drayton Court and in the interim sandbags be used to direct flow. He indicated that the next steps would be to finalize the report and notify the developer of the required improvements. Alderman Werderich noted that the developer put forward causes for the drainage issues such as the resident's fences. Mr. Freeman stated that the fences don't help the dr ainag e and ideally the utility easement is not a place for them. If this area had been identified for drainage, the storm sewer could have been installed and the fences wouldn't be such an issue. Alderman Gilson asked if the surface course would alleviate the drainage issue. Mr. Freeman stated it would as the water will be routed to the drainage inlets. Mayor Burd asked Mr. Freeman that without the information on the Route 47 culvert would the city have known about the drainage issues. Mr. Freeman stated it would not. Alderman Werderich asked that the floor to be opened to the public. Mary Kuhn asked if the outlet was blocked at Route 47. Mr. Freeman explained that the culvert was not identified in the design for the subdivision and could have been blocked due to erosion. Ms. Kuhn expressed her concern with the garbage and sludge that has drained into the retention pond. Mr. Freeman indicated that this area could be restored. Another resident asked if it was the developer's responsibility to fix the drainage issues. Mayor Burd stated that it was the responsibility of whoever holds the deed on the property and the city will be presenting this information to the Bank of America (BAC). Administrator McLaughlin noted that the bank hasn't taken title to the property yet however he has spoken to them made them aware of the situation. The resident asked if there was a timeline for getting the work done. Administrator McLaughlin stated that the city will work with them to get the work completed however there was no answer if this work will be done this summer. He noted that BAC has already started mowing and they seem willing to solve the problem. They need to make the development quality so they can eventually sell it. The resident asked if the bank could come back and say the city is responsible for the drainage. i The Minutes of the Reeular Meeting of the Citv Council — June 9. 2009 — Da2e 3 Mayor Burd explained that the city can only review the plans it gets; the developer has due diligence to present correct information. Attorney Orr confirmed that the city has no liability. Another resident noted that someone from J &S Construction was out taking pictures of the drainage area. Administrator McLaughlin stated that he told the bank of the priority to get this situation remedied and they sent someone to pick up EEI's information. He felt that they may be moving forward. Mike Tuohy of Drayton Court expressed his concern that every time it rains there is runoff from the unimproved property to the retention pond. He asked who would be responsible to dredge the pond because the total depth is now less than originally designed. Mayor Burd explained that she asked the Public Works Committee to address this. The ponds fall under the Homeowner's Association and a new ordinance needs to be worked out for the oversight of ponds including maintenance. Charlie Walker of Windett Ridge questioned where the water will drain, if drained into the pond would the pond be able to handle the additional water and who is paying for the work. Mayor Burd explained that the bank is being asked to pay for the work. Mr. Walker asked if the bank does not pay for the work who would be responsible for the legal matter. Attorney Orr stated that liability will need to be determined. Mr. Walker asked if the city would provide the money and Attorney Orr stated that this will be addressed if the city gets to this point. Mr. Freeman explained how the runoff drained before any houses were built and felt that the additional water may have been accounted for in the ponds however he would investigate the matter. Doug Fisher of Fox Highlands asked if Fox Highlands or Raintree Village would be affected by the runoff being redirected and Mr. Freeman stated they would not. Mayor Burd advised residents in the area to direct any further questions to Aldermen Gilson and Werderich and she recommended they attend the Public Works Committee meeting. PUBLIC HEARINGS Apex Developers, LLC Apex Developers, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement dated June 18, 2007 to include a Planned Unit Development. The real property consists of approximately 4.214 acres, located at 6684 Route 47, Kendall County, 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 Ed Guettler, Windett Ridge, asked if the city had heard a response to the April 7, 2009 punch list addressed to Wiseman- Hughes which asked that things be completed at their earliest convenience. Administrator McLaughlin stated that all the money has to be approved by the Bank of America. and Wiseman- Hughes is not moving ahead until BAC makes a decision. He indicated that the city was pressing for the final coat on the street. Mr. Guettler asked if a simpler interpretation of the punch list was in the works. Administrator McLaughlin stated that it was and would be available at city hall because it would be hard to put the engineering information on the website. Mr. Guettler asked that the punch list be followed up on so it didn't get lost along the way. Louis Hernandez of Windett Ridge questioned the guidelines for any future development since the bank is taking over. Mayor Burd explained that the development was approved as platted and that any developer had to comply with the city's ordinances. Attorney Orr added that anytime a new developer wants to develop a lot, they will have to come into the city because there are rules and regulations in play such as for density. Director Miller commented that the property is approved for single - family detached homes and that any buildings will have to meet the city's standards. Frances Dudek, Bristol Township, stated that she did not feel the issues with Phase H of Autumn Creek have been fully addressed. She stated that she still didn't know why Pulte was allowed to raise the elevation of the property. She stated that the pipe to Blackberry Creek from the pond has been installed and this has stopped her basement from flooding. She noted that the city has ordinances addressing drainage however the law was broken in this area and someone goofed with the drainage inspection. She discussed damages; area residents have had their sump pumps runnin constantly for four months. This has caused an increase in their electric bills and some have had to replace their pumps. Also, residents are experiencing cracks in their basement floors, damage to furniture and carpets, etc. She stated that Pulte admitted their mistake and indicated they would be adding additional d rainag e however this still hasn't been done. City Engineer Wywrot explained that the pre - existing topography of the area undulated. He The Minutes of the Regular Meeting of the Citv Council — Mav12. 2009 — ua L44 did not feel the change in the topography created a drainage concern because the developer of Autumn Creek re- directed storm water to the pond and now to Blackberry Creek. Mayor Burd asked Mr. Wywrot to provide a written report on what happened. Ms. Dudek asked if the pond and Blackberry Creek would be able to handle the storm water directed to them. Mr. Wywrot stated that there is not just one pond but actually three in the subdivision which will receive storm water. The overflow is to the east and Blackberry Creek and he felt they could handle the storm water. Todd Milliron, Kendall County, stated that he has been sending weekly emails about Hamman Farms. He asked the City Council to drive out and look at the property where litter prevails. He stated that the inspector has acknowledged the issue but is unwilling or unable to address the problem. He asked the City Council to get involved and address the issue with the inspector. Sheri McDermott, Windett Ridge, asked if the bonds for Windett Ridge were validated. Administrator McLaughlin explained that all bonds are still in place and not expired. Ms. McDermott asked if they could be used to pay for the improvements and Administrator McLaughlin stated that this is an option to explore after every other one is exhausted. She asked where the SSA funds go and Administrator McLaughlin explained that they are used to complete infrastructure for the area. The funds collected from the SSA pay back the financing for projects such as the sewers. Attorney Orr added that SSAs allow developers not to have to borrow for public infrastructure. The payback is through the collection of these funds. The SSA allows for the house to be sold at a reduced price because the money is borrowed at a tax exempt rate. Mayor Burd added that the SSA is for work already done. Ms. McDermott asked what would happen if residents stopped paying the SSA and Attorney Orr indicated that the property could be foreclosed upon. Mike Tuohy, Drayton Court, stated that the bottom storm sewer for the street is at Lot 52. He explained that when the high curb was relieved for drainage, the concrete was not brought to the drain. He asked if asphalt could be removed in this area before the top coat is installed. Director Dhuse stated he would look into it. Charlie Walker, Windett Ridge, discussed the city's ordinance on erosion. He asked who was responsible for damages and stated that he felt that the developer should be held responsible. Mayor Burd agreed. He felt that the city could move against Wiseman- Hughes' assets for the repairs; they could file a lien against them. Mayor Burd stated that the city is working with BAC and did not want to be adversarial. She did not feel the city should file legal action when the developer does not have the funds available. She indicated that the city was trying to work on the situation without litigation and she asked the residents to give BAC a chance. CONSENT AGENDA 1. Resolution 2009 -27 - Adopting the National Incident Management System (NIMS) - authorize Mayor and City Clerk to execute (PS 2009 -15) 2. Ordinance 2009 -29 - Amending the Code of Ordinances Providing for Liquor Control (Number of Liquor Licenses) - authorize Mayor and City Clerk to execute (PS 2009 -16) 3. Ordinance 2009 -30 - Amending the Code of Ordinances Providing for Tower and Antenna Regulations - authorize Mayor and City Clerk to execute (PC 2009 -09) 4. Ordinance 2009 -31 - Amending the Code of Ordinances Providing for the Regulation of Signs - authorize Mayor and City Clerk to execute (EDC 2009 -17) 5. Resolution 2009 -28 - Approving the Release of Closed Session Minutes - authorize Mayor and City Clerk to execute (CC 2009 -53) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye Sutcliff -aye, Gilson -aye, Teeling -aye * Alderman Golinski was not present for the vote. PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that the Plan Commission's next meeting would be June 10, 2009 at 7:00 p.m. at the Library. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of April 14, 2009 and April 28, 2009; seconded by Alderman Werderich. The Minutes of the Regular Meeting of the City Council — June 9, 2009 — naee 5 Motion unanimously approved by a viva voce vote. * Alderman Golinski was not present for the vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated June 2, 2009 totaling the following amounts: checks in the amount of $1,364.60 (venders FY 08/09); $755,328.03 (vendors FY 09/10); $266,734.43 (payroll period ending 5/23/09); for a total of $1,023,427.06; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Gilson -aye * Alderman Golinski was not present for the vote. REPORTS MAYOR'S REPORT Appointments to Zoning Board of Appeals (CC 2009 -54) Mayor Burd entertained a motion to approve the appointment of Charles Walker to the Zoning Board of Appeals. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye * Aldermen Golinski and Plocher were not present for the vote. Appointments to Zoning Board of Appeals (CC 2009 -54) Mayor Burd entertained a motion to approve the appointment of Corey Johnson to the Zoning Board of Appeals. So moved by Alderman Werderich; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye * Aldermen Golinski and Plocher were not present for the vote. Appointment to the Human Resource Commission (CC 2009 -55) Mayor Burd entertained a motion to approve the re- appointment of Joan Knutson to the Human Resource Commission. So moved by Alderman Werderich; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes -7 Nays -0 Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye * Alderman Golinski was not present for the vote. CITY COUNCIL REPORT Windett Ridge Development Issues (CC 2009 -48) Alderman Gilson stated that he felt the Windett Ridge issues were addressed in EEI's report and the following public input. Alderman Werderich agreed and added that he felt a timeline was needed for the residents. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — June 9. 2009 — Dage 6 CITY TREASURER'S REPORT Annual Police Pension Fund Activity Report for FY 08/09 (CC 2009 -56) Treasurer Powell reported that he is required by the state to provide a Police Pension Report each year (see attached) and the fund has made money for its members over the last year. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported on the following: • He is working with developers on issues such as mowing. • He is monitoring what is going on in Springfield; nothing is settled yet. • There is a jar available in city hall for donations to the Bristol - Kendall Fire District Fourth of July fireworks. • There is a rain barrel in the lobby of city hall for the "Pennies from Heaven" fundraiser. People are encouraged to put their loose change in the barrel for the Kendall County Food Pantry. FINANCE DIRECTOR'S REPORT Director Mika reported on the following: • She, Mayor Burd and Alderman Gilson gave a PowerPoint presentation on taxes to the Raintree Village HOA. She clarified for them that the Kendall County Assessor sets assessments not the United City of Yorkville • The auditors have been in and the city is ahead of where it has been in the past. They hope to have a draft by September. • Members of the Council need to sign new signature cards for Old Second Bank. The Countryside TIF account has been changed from a money market account to a NOW account. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that fifty -five mowing complaints were filed with the city. He has been working with residents to get the mowing done so only four vacant lots and one vacant residency needed mowing. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • The Special Olympics Torch run will held June 10, 2009 beginning at Ralph's Place at 9:00 a.m. • The next BASSET training will be held on June 25, 2009 from 1:00 to 6:00 p.m. at the Library. There are still openings • National Night Out will be August 4, 2009 at Town Square Park from 6:00 to 8:00 pm DIRECTOR OF PARKS & RECREATION'S REPORT Interim Park & Recreation Director Olson reported on the following: • The Park & Recreation Department has a new summer intem from Illinois State University, Amy Drafke. She is helping with classes, camp, safety town and Hometown Days. • There were two park dedications; the Junior Women's Club Park in Heartland Circle and the Green's Filling Station Park in Autumn Creek Park • The Payton Run was held with 500 runners which doubled from last year. Staff volunteered their time to assist with the event. • The department is looking at two OSLAD grants. The grant for the Bristol Bay property is a 50150 matching grant for a total of $800,000.00. $400,000.00 will be needed from Land Cash. The grant for the Bollweg property is a land matching grant instead of cash match. A designated land value is used as the match equivalent. If a third party donates the land for the match, there is no cost to the city. • Adult kickball will be held July 11, 2009 at the Beecher Center. It is a one -day event that is co- ed. • Rec Center fitness classes start next week as does Camp 911 and Safety Town. • Music Under the Stars will be held this Friday with the Yorkville Big Bank providing the music. • The Farmer's Market starts this Saturday. • On June 19, 2009 there will be a Movie Under the Stars and the movie being showed is The Great Outdoors. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that there was a CMAP meeting last week where the downtown was discussed. Ideas and concepts were shared and the next step is to finalize the boards to be displayed for public input. Mayor Burd noted that the meeting was for public input so no aldermen were notified. This will be addressed in the future and she advised the City Council they were not intentionally excluded. i The Minutes of the Regular Meeting of the Citv Council — June 9, 2009 — page 7 COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that Director Mika's tax presentation is available on the city website. COMMUNITY & LIAISON REPORT None. REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving a Second Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement (PC 2009 -08) A motion was made by Alderman Golinski to approve an ordinance approving a Second Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Golinski asked Director Miller to give the background on this amendment. Director Miller referred the City Council to information they received in their packets for the public hearing held in 2006. There were to be three lots with B -3 zoning and a signalized entrance. Bordering the south side of the property is the Kendall County facility. They are now requesting that the B- 3zoning be changed to a Planned Unit Development Agreement (PUD). The owner has users for the property; one being an auto repair facility. This falls under the M -1 use. The amendment also speaks to the architectural design. There was a concern with outdoor storage however the business owner anticipates storage inside the facility. The PUD does indicate storage will be surrounded by a wall. The PUD also addresses the location of a trail. The city's Comprehensive Plan recommends commercial use of this area. At the time this property was annex, the ordinance had specific zoning stating B -3. This information was left out of the packets. If this amendment is approved there will need to be another follow -up document approved. Mayor Burd clarified that this amendment states that the city will allow a PUD. Alderman Golinski noted that the amendment was unanimously approved by the Plan Commission and the Economic Development Committee had no concern with the change. Alderman Gilson stated he was not opposed to growth however the issue here was compliance with the Comprehensive Plan. He indicated he was part of the Comprehensive Plan update committee and that according to the 2005 Comprehensive Plan this area was intended for M -1. When the plan was updated, this area was changed to B -3 as a buffer along Route 47. He noted that Ward I already has plenty M -1 zoning. He asked the City Council to adhere to the vision of the updated Comprehensive Plan. He disagreed with the statement made by Lynn Dubajic (YEDC) during the public hearing and stated he did not support the change. Alderman Werderich stated that he spoke with residents in the area and they indicated they would like to see commercial in the area. Alderman Golinski stated that with the advances in technology he feels this business is more like a B -3 application than an M -l. The Plan Commission supported the amendment and did not have any complaints from surrounding landowners. Alderman Spears stated she contacted a few people who were on the advisory committee who updated the Comprehensive Plan. They explained that there intent was for commercial in this area. If the zoning is changed the city could have more cement plants. She stated she could not support an exception for one business. Alderman Munns stated that it was the City Council's job to encourage quality business in the city. He felt that this business was good for the economy and the City Council had no business interfering. He supported the amendment. Alderman Golinski agreed with Alderman Munns and added that the business will bring twelve jobs to the city. He stated that any plan is not written in stone and that this business is a good fit for the area. i The Minutes of the Regular Meeting of the Citv Council — June 9, 2009 — Dage 8 I Alderman Gilson had a problem with Aldermen Munns and Golinski's comments. He felt they exhibited short-term thinking. He felt that the nineteen acres would be better used as commercial not with split zoning. Attorney Kramer explained that there would be B -3 zoning on the south east comer of the intersection and he pointed out that an estimated 70 acres has been rezoned B -3 near Harris Forest Preserve. Alderman Gilson disagreed and indicated on a map the M -1 areas in Ward I including the cement plant. Attorney Kramer reminded him that the cement plant was in the industrial park. A motion was made by Alderman Plocher to call the question; seconded by Alderman Golinski. Motion to call the question approved by roll call vote. Ayes -6 Nays -2 Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay Motion to approve the amendment defeated by a roll call vote. Ayes -3 Nays -5 Werderich -nay, Golinski -aye, Teeling -aye, Gilson -nay, Sutchff- -nay, Munns -aye, Spears -nay, Plocher -nay Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems - First Reading (PC 2009 -01) Alderman Golinski reported that this was the first reading of the ordinance amending the Code of Ordinances providing for the regulation of Wind Energy Systems. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Park & Recreation Report Alderman Golinski asked Interim Director of Park and Recreation Olson to submit his lengthy report in writing next time. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinski; seconded by Alderman Werderich. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 10:05 P.M. I Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING June 9, 2009 PLEASE PRINT NAME: ADDRESS: � v I'Y� �b�✓ vrYU 3� Z W etc WHANAR HAKRisoN coZ2W ug0eTT ?,kpc,E RD 2001s //,C2W 4 t Z— 3 (7 w,AloE T T CZ t iDU F- 9-0 LAvnAlIF-PlAAlbe 30 W►'►ile - n R;nar, eo 663 M IT µ 76 Go i vts c j �6 (6, �t- A-t/ rn o , / t / (1, A r., - Ic q' cnt ( � 160 Lk, u - �la Scnc� AW K1 .l - Y V orgv.d-c -! - - - ) of C.) ire rncz, C� - 71/1ori,a 35 5 su+fbr c.+ SIGNIN REGULAR CITY COUNCIL MEETING June 9, 2009 PLEASE PRINT NAIVE: ADDRESS: A L l 21 I SIGNIN i REGULAR CITY COUNCIL MEETING June 9, 2009 PLEASE PRINT N ADDRESS: l T Z. . / r �f� �� • � /G2(iCc�,c�� / Du ► A& P W�l� qXY11A4, "Y' r v SIGNMT Overview The 187 - square mile Aux Sable Creek Watershed is located in Kendall, Grundy and Will Counties, Illinois. The Aux Sable connects to the Illinois River, between Channahon and Morris. A majority of the watershed (78 %) falls in southeastern Kendall County. Twenty -two percent falls in northeastern Grundy County. Less than one percent is on the western edge of Will County. The Aux Sable Creek Watershed is home to 14,500 residents based on 2000 Census data. This is more than double the 1990 estimates of 5,600 people. The population in the Aux Sable Creek Watershed is expanding through development in Channahon, Joliet, Minooka, Morris, Oswego, Plainfield, Shorewood, and Yorkville as well as some unincorporated areas. 2006 marked the first time any stream in the Aux _ _ . Sable Creek watershed was listed on the Illinois Environmental Protection Agency's 303(d) List of Impaired Waters. The 2006 Illinois Water Quality Report (305b) indicated primary contact uses (e.g., = swimming) are not supported in a 20.48 mile stretch of the Aux Sable Creek (IL _DW -01). The potential cause: fecal coliform bacteria. The potential source: unknown. Runoff from rain and snowmelt carries pollutants Photo cozsrtesy of Pmd Burd. such as oils, salt, pesticides, and sediment into waterways. The Illinois Environmental Protection Agency (Illinois EPA) reports that nonpoint source pollution is the state's number one threat to water quality. This is called nonpoint source pollution. Numerous studies have shown that stream ecosystems and water quality degrade as a watershed is developed with streets, parking lots, rooftops, and other impervious surfaces.. But with careful planning, we can implement practices that support the quality= of our water — even as development continues. Watershed -scale plans strive to create an environmentally and economically healthy watershed for the benefit of everyone. Changes in the watershed, along with new criteria for watershed plans, prompted the Aux Sable Creek Watershed Coalition and The Conservation Foundation to collaborate and request state funding to work with a group of local stakeholders updating the original watershed plan. Being a high quality stream, the hope is to utilize Illinois EPA funding to help stakeholders maintain water quality even as development continues. The project and long -term goal is to work cooperatively with units of local government, other organizations and stakeholders toward the mutual goal of protecting water quality in the Aux Sable Creek Watershed through the Healthy watersheds offer many benefits: control of nonpoint source pollution. The premise: 0 reduced flooding planning will result in efficient long -term use of taxpayer's 0 safe drinking water money by preventing future impairments, avoiding costly 0 a healthy river with good water quality remediation efforts that would be required if water quality is continued to be ignored. The grant covered the following * sustainable economic development scope of work: updating the Aux Sable Creek Watershed * opportunities for recreation & outdoor Management Plan to meet Illinois and US EPA criteria for education watershed -based plans, as well as education and outreach 0 wildlife habitat about the watershed and practices that can protect and enhance water quality. Page 1 of 10 Overx iew — -Aux Sable Creek Watershed Plan June 2009 Implementation of the plan will vary. Chapter 6 provides a number of recommendations. Efforts will range from individual to local government (community -wide) actions. Regardless of the person or entity taking up a recommendation and working to implement it, all efforts are voluntary. That is, the Illinois EPA will not require recommendations to be completed, nor will The Conservation Foundation or Kendall or Grundy County Soil and Water Conservation Districts. These agencies and organizations are available as resources and wish to support efforts to protect the water quality of the creeks comprising Aux Sable Creek Watershed. Examples of voluntary individual actions that follow the recommendations include: • Keep it where it falls - Nearly 60% of rainwater that falls on your lawn washes off. Native plants slow run off, allowing rainfall to soak into the soil. Rain barrels collect water for use later. • Let it grow - Instead of mowing to the water's edge, use native plants to form a buffer along the banks of lakes, ponds, and streams to prevent erosion (and loss of property), stop pollutants from washing in and protect fish habitat. • Greener is better - Runoff from impervious surfaces like driveways and patios contributes to flooding. Minimize its impacts by using porous materials. • Know your lawn's needs - Excessive fertilizer washes off lawns and into watenvays causing algae blooms and decreasing the stream health. Follow the application rate recommended by soil test results or on the fertilizer packaging. Consider environmentally friendly lawn care products. • Keep storm water clean - Keep used motor oil, pesticides, and other toxic substances out of storm drains. Storm drains don't go to a treatment plant, but discharge to detention ponds and streams. Contact a local auto shop, Kendall County Environmental Health Services, Kendall or Grundy County Soil & Water Conservation District, or www.earth911.com to inquire about recycling used motor oil. Examples of voluntary individual actions in the agricultural areas of the watershed that follow the recommendations include: • Continue good stewardship - Grassed waterways, terraces, nutrient management, and comprehensive livestock management and other agricultural best management practices have supported water quality for generations. • Buffer the creek - Planting riparian buffers /filter strips can reduce erosion by acting as sponges during times of high water, protecting cropland from flooding. The watershed plan identifies areas where this type of green infrastructure may be appropriate. Examples of voluntary local government actions that follow some of the recommendations include: • Engage everyone - Encourage everyone to treat water as a resource. Involve community members in activities such as stream clean -ups and storm drain stenciling to discourage dumping in sewers. Local conservation groups may have resources to assist. • Use conservation design - This development approach requires working closely with a site's natural functions, avoiding floodplains, protecting high quality natural features, and utilizing stormwater Best Management Practices. The watershed plan identifies Photo courtesy of Cifzcly Ayers. Page 2of10 Overview — .qua Sable Creek Watershed Plan June 2009 areas where green infrastructure may be appropriate. • Keep soil in its place - Erosion from construction sites contributes to stream sedimentation problems. Communities can organize contractor education and community awareness programs to minimi these impacts, as well as implement regulatory programs. The 2009 Aux Sable Creek Watershed Management Plan is available a number of ways. Officially, it is available at the Kendall County Soil & Water Conservation District (KCSWCD). They are an independent, local unit of government created by state law for the purpose of promoting the protection and conservation of the county's soil, water and related natural resources. The KCSWCD, formed in 1947, provides technical assistance, educational opportunities and resource information regarding soil, water and related natural resources. The watershed plan is available on -line at xvww .auxsablecreekwatershed.org. A copy of the Management Plan has also been provided to the Oswego, Yorkville, Minooka, Channahon and Morris libraries. Local governments also have a copy including Grundy County, Kendall County, villages of Channahon, Minooka, Oswego, Plainfield and Shorewood, as well as the cities of Joliet, Morris and Yorkville. The Grundy and Kendall Farm Bureaus, Grundy and Kendall County Soil & Water Conservation Districts and The Conservation Foundation also have a copy of the 2009 Aux Sable Creek Watershed Management Plan. If you are interested in getting involved in watershed efforts you may contact the Kendall or Grundy County Soil & Water Conservation District, the Aux Sable Creek Watershed Coalition or The Conservation Foundation. Any of these groups can tell you more about current efforts and ways to get involved. The Kendall County Soil & Water Conservation District was identified by the advisory committee as the agency that should officially hold the plan and be responsible to partner with organizations to hold an annual watershed review meeting. These annual meetings do not bind the Kendall County Soil & Water Conservation District or any other participating organization /individual to implement the plan. They are merely intended to be a forum to discuss Aux Sable Creek Watershed related activities, issues and opportunities. If you have a concern, please use the matrix provided at the end of this Overview to identify the best agency to contact. Please note that availability of the plan at a local office does not imply that agency can address your concern. Following is a summary of the Aux Sable Creek Watershed Management Plan completed in June 2009. It is provided to give interested persons an understanding of the key information included in the Plan. For complete information, interested persons should read the full Plan. The end of this Executive Summary discusses how the plan may be voluntarily implemented. It also includes some information about who to call with various types of concerns. Chapter 1— Introduction The first chapter provides the context for the rest of the plan. In addition to explaining the location and size of the Aux Sable Creek Watershed, it details the history of watershed planning in the Watershed which dates back to right after major flooding in 1996, the reason for a watershed plan update and some of the first steps of the Advisory Committee. The first steps of the watershed plan update included inviting a large range of Watershed stakeholders to the table. A complete list of those invited to be part of the Advisory Committee is included in the plan. Over 50 representatives were invited to participate on the committee, of which one -third are landowners in the watershed. Many of these representatives have been active in watershed activities in the past. Agencies represented include local government representatives (municipalities in or growing into the watershed and the Page 3 of 10 Ovm iew — bus Sable Creek Watershed Plan June 2009 counties), the Kendall & Grundy County Farm Bureaus and the Kendall and Grundy Soil & Water Conservation Districts — each of these are organizations of area residents as well. The Conservation Foundation facilitated the process, with a technical consultant gathering data and writing the plan (Christopher B. Burke Engineering West, Ltd.). This collaborative effort focused on accomplishing the purpose of Illinois EPA's 319 program: to work cooperatively with units of local government and other organizations toward the mutual goal of protecting water quality in Illinois through the control of non -point source pollution. The Advisory Committee drafted and approved its own Vision Statement: intend Vision Statement Ve to maintain the Class . qf the A ux Sable and i nce the natural and economic . r the r sound ma na g i t . r r r cooperation giri owner The committee's goals focused on stream maintenance /quality, flooding, natural areas, wildlife biodiversity, development, education, property rights, water supply and farmland protection. If you would like to know who to call with questions about these types of issues, information is listed at the end of this document. Chapter 2 — Existing Conditions It is important to be aware of the Watershed's resources, to both gain a better understanding of the current state of the Watershed but also to know what aspects are important to consider when working to protect water quality. This chapter covers aspects such as climate and hydrologic conditions, natural conditions (geology, topography, soils, water bodies, biological assessments), cultural resources including population reports and current land uses. Also covered in this chapter are existing water quality protection programs such as National Pollutant Discharge Elimination System (NPDES) permits as well as local, state, and federal regulations. Key sections a reader may want to focus on would include: • Hydrologic conditions since this identifies drainage patterns and areas that may be more susceptible to erosion. • Soils, particularly hydric soils, since these are ones formed under conditions of saturation, flooding or ponding. These types of soils can be challenging because conditions can quickly become too wet for crops and are prone to flooding when developed. • Existing regulations that are a starting point to understanding permitted and prohibited activities as well as where efforts could complement or enhance programs to protect the Watershed's water quality. Chapter 3 — Watershed Impairments The condition of watersheds has real consequences. Healthy watersheds can offer many benefits including: non-po • a healthy river through improved water quality source p ollution • enhanced opportunities for recreation, environmental numbe education, and environmentally sustainable economic revitalization • enhanced wildlife habitat • reduced flooding problems Page 4 of 10 Overview — Aux Sable Greek Watershed Plan June 2009 • and a safe drinking water supply. The Illinois EPA periodically assesses the quality of streams in Illinois. In 1990 monitoring showed no use impairments in the Aux Sable Creek. However, in 2006 a stretch of the Aux Sable Creek was found to have an impairment; fecal coliform bacteria was identified as the source of this impairment. Page 47 of the Plan includes a table of stream impairments in the Aux Sable Creek identified by the Advisory Committee. Non point source pollution is a significant threat to water quality. It occurs when runoff from rain and snowmelt carries pollutants into waterways and even groundwater. The name "non -point source pollution" is derived from the concept that there is no single point from which the pollution comes; it comes from everyone and everywhere. Examples of sources of non -point source pollution in Illinois include runoff from construction sites, lawns and gardens, city streets and parking lots, farm fields, livestock facilities, surface coal mines, and forestry. The Center for Watershed Protection found that as impervious area (roof tops, driveways, roadways, parking lots, etc.) increases, water quality decreases. The connection is that rain water or sprinkler water running off our lawns, streets and parking lots flows into pipes through storm drains. This water then goes directly into our local lakes and streams; it is not "treated" like water from our bathrooms so it contains soil particles, oil from our cars, fertilizer from our yards, and other pollutants found in our communities. The potential for non point source pollution in the Watershed is high, given the urbanization occurring and expected in the Watershed, as noted on page 48 and earlier on page 33 (Figure 14 showing boundary agreements for communities in the Watershed). Watershed planning seeks to protect water quality, in this case by identifying opportunities to prevent further impairment of the Aux Sable Creek. Chapter 4 — Agricultural Management Practices & Programs The current high quality condition of much of the Aux Sable Creek system is due in large part to quality agricultural practices and good stewardship. This chapter notes that while the change from agricultural to suburban land uses can result in negative impacts on a creek, areas that remain in agricultural use can implement a variety of voluntary conservation practices that can protect and enhance water quality. Examples of these conservation practices consist of filter strips, grassed waterways, terraces, nutrient management, conservation tillage, livestock management, and other activities. Many of these practices are already occurring throughout the Watershed. Landowners interested in implementing a conservation practice can apply to receive monetary assistance to offset the cost of installation through a variety of programs. Some programs currently available to landowners are Conservation Reserve Program, Conservation Reserve Enhancement Program, Environmental Quality Incentive Program, Wetland Reserve Program, and Partners for Conservation. With urbanization, there is an increase in Chapter 5 — Urban Management Practices & p otential p ollution Programs The primaq means to prevent construction Suburban and urban land uses (residential, commercial, site runoff is through the use of soil erosion industrial) are big contributors to non point source and sediment controls. A Certified pollution. Therefore, they become an area of opportunity P rofess i ona l i n E ros i on and S to improve practices and minimiz pollutant Control (CPESQ is a recognized specialist M contributions to our waterways. This chapter discusses soil erosion and sediment control. opportunities to protect and improve water quality, Page 5 of 10 Overview — Aux Sable Creek Watershed Plan June 2009 within the framework of the six minim control measures of NPDES Phase II ** (a regulation all communities in the watershed are required to comply with): • public education and outreach on stormwater impacts • public involvement and participation • illicit discharge, detection, and elimination • construction site runoff control • post construction runoff controls • pollution prevention /good housekeeping for municipal operations ** For more information on NPDES Phase II vifit mvn /pubs) faet2 -0.t dfor the U.S. EPA Q fte gI'Warten aterManagemenf at iviv )) eta. fop/ nude I stormrvater v Chapter 6 — Recommendations & Action Plan The recommendations are split into areas that apply to agricultural practices and then each of the areas pertaining to NPDES Phase II minimum control measures (outlined above). Best management practices (BMPs) for future developments or redevelopment within the Watershed are a key component of this chapter. The BMPs are separated by those that promote infiltration, manage stormwater or stabilize streambanks. Below is a listing of the BMPs identified in this section along with the cost of installation. Best Management Practice (BMP) Cost of installation • igh >$750 Upland buffers $ Elimination of curbs and gutters $ Bioswales $$ Rain gardens $ Infiltration galleries /basins $$ Permeable pavements $$ Stormwater wetlands $$$ Outlet detenti we tlands $ Open water detention basin $$ Dry bottom detention basin $$ Conservation design $ Stormwater retention requirement $$ Level spreader outlets $ Stormwater separators $ Deicing and anti -icing strategies $ Stormwater ordinance development or amendments $$$ Stream bank stabilization $$ -$$$ Revegetation $ Erosion control blanket /turf reinforcement mat $ Coir logs $ A- jacks $$ Stone toe $ Stream barbs $ Rip- rap /Stone armoring $$ Soil bioengineering $$ Page 6 of 10 Overview — dux Sable Creek Watershed Plan June 2009 Pages 82 -86 consist of a table listing recommended action in order of priority, as determined by the Advisory Committee. Below is a summary of these recommended actions, in said order, including capital and operational cost notes and the recommended timeframe for completion of each action. Recommended • Operational Cost • (operation Improve water quality $ -$$$ $ Continual Riparian buffers /filter strips $$ $ Continual Post - construction runoff controls (BMPs in $ -$$$ $ -$$ 1 -6 years development) Improve aqua habitat $ -$$$ $ -$$ Continual Enforcement of construction site runoff $$ $ Continual controls Development of illicit discharge, detection, $$$ $ 2 -5 years and elimination program Create Aux Sable Creek Watershed overlay $$$ $ 3 -6 years district Restoration of natural areas $ -$$ $ 1 -5 years Post - construction runoff controls (Retrofit $ -$$$ $ -$$ 2 -4 years BMPs) Education /outreach (Coalition meetings) $ $ Continual Programmatic natural resource preservation $ -$$$ $ -$$$ Continual Stakeholder input survey $ $ 1 -3 years Aux Sable Creek Watershed website $$ $ Continual Community involvement programs $ $ Continual Water conservation program $ -$$ $ Continual Chapter 7 — Potential Funding Sources This chapter identifies a variety of potential state and federal funding sources that could provide financial assistance to implement the recommendations of this plan. No one source may fit each project, but identifying all of the potential sources provides a starting point from which to determine which grant is appropriate for a particular project as well as the possibility of leveraging these grants with each other or with local funding. The grants identified are through the following agencies: Illinois Department of Natural Resources, Illinois Environmental Protection Agency, United States Department of Agriculture — 2008 Farm Bill (through the United States Department of Agriculture), United States Environmental Protection agency, Illinois Department of Agriculture and United States Fish and Wildlife Service. Private grants may also be available through organizations such as the Environmental Grant Program through American Water, Field Foundation of Illinois, Gaylord and Dorothy Donnelley Foundation, Grand Victoria Foundation, Grundy County Community Foundation, Illinois Clean Energy Community Foundation and Waste Management Charitable Giving Program. Chapter 8 — Monitoring Plan Successes Evaluation is an important part of watershed planning. It can tell you whether or not your efforts are successful and provide a feedback loop for improving project implementation. Page 7 of 10 Overview — Aux Sable Creek Watershed Plan June 2009 This Plan has a unique challenge when it comes to monitoring because the majority of the recommendations Clean Water Act Sectio are for potential changes within the Watershed due to Fundin Required Compo future development. Therefore the success of the watershed Plan would ultimately be determined by or d er ' eli ° Secti fun periodically evaluating the class rating of the stream as p this would follow the Vision Statement. By maintaining componen ' eva ° the Class A rating, the Plan is successful. ' i mp l ementat i on ' ° measured against evaluati Short -term (1 -3 years) and long -term (3 -10 years) esta by ' waters p = ° ' milestones are identified that can assist to incrementally A ny comb o mon strategies implement the Plan's recommendations. The milestone iden a ' accomplishments are outlined for each Recommended a you ° ' ta care to ta yo Action identified in the table above. ° ' ' ' ' ='' ° y our • The Plan further recommends an annual evaluation on r Guidance , Devel Wl atershed Plans in Illinois �y the Chim „� , the status of the milestones, which will serve to determine , implementation over time as well as keep the Plan and its recommendations top of mind for all watershed stakeholders. When it comes to implementation, there is no single agency "on the hook" to make sure the plan is followed. Implementation will occur over time, as individuals and /or publica agencies are interested. Anyone can help keep the Aux Sable Creek clean. Beyond those mentioned at the beginning of this Overview, here are some ideas to get anyone started and being active in water quality aspects: • Get on a committee working to support the watershed, such as the Aux Sable Creek Watershed Coalition. Contact Joan Soltwisch at (815) 467 -2059 about the Coalition. • Install a rain garden to soak in water where it falls. • Use a rain barrel to collect and reuse rainwater. Who Can Help You This is not a chapter in the 2009 Aux Sable Creek Watershed Management Plan. However, the advisory committee recognized that water quality can be a tough issue to know how to start addressing. A variety of local governments have jurisdiction in the watershed, depending on where you're located. There are also other agencies that might be able to assist with common questions and concerns. The following is a brief outline of agencies and what aspects they might be able to assist with, as it relates to the focus of this plan: water quality. This list is not an exhaustive, but is intended to give individuals an idea of the appropriate contact for various issues so that no single agency is targeted. Refer to When the Questions Relate to Additio Kendall or Grundy County • Construction site soil erosion Have responsibility to inspect and planning offices and sediment control problems respond to water quality in (or caused by) complaints in unincorporated unincorporated areas areas; can require remedial activity • Individual, neighborhood, if in violation of applicable watershed scale problems ordinances; can assist in • Violation of local regulations determining approximate location of floodplain on properties. Page 8 of 10 Overview — Aux Sable Creek Watershed Plan June 2009 • Access to and navigation of federal floodplain maps • Drainage complaints Local municipalities (in the • Lot /neighborhood level Usually have staff or budget watershed that includes): drainage concerns through planning or public works • Channahon • Emergency response, sandbag to handle common problems in • Joliet distribution addition to construction site • Lisbon • Construction site soil erosion problems; can assist in • Minooka and sediment control problems determining approximate location • Morris in applicable incorporated area of floodplain on properties. • Oswego • Use of stormwater Best • Plainfield Management Practices in new • Plattville or redevelopment activities • Violation of local regulations • Shorewood • Access to and navigation of •Yorkville federal floodplain maps. • Drainage complaints Kendall or Grund County Soil & . Technical assistance on soil Agricultural, urban, and water Water Conservation District erosion issues. body- related guidance; provides • Information related to soils and technical assistance, education and common issues with their information on cost -share performance. programs, field staff may make site • Educational assistance in the visits to evaluate complex form of workshops, problems. presentations, brochures, pamphlets, handouts, etc. • Access to and navigation of federal floodplain maps. • Kendall only: inspect construction site for stormwater Best Management Practice construction /installation. Township Highway Departments • Drainage concerns within the Sometimes staff is able to reduce right -of -way of a township local flooding problems by road. improvements along right -of -way, but is not common; policies vary from township to township; not able to assist in areas outside its own tight -of -wag Kendall or Grundy Department of • Bridges, culverts and ditches Maintains all bridges, culverts and Transportation located within the right -of -way ditches with the right -of -way of of county roads counts= highways. Kendall or Grundy Health • Well and septic related Primary concern for individual Department problems wells and septics, will assist if flooding problem results in failure of septic or contamination of well. Page 9 of 10 Overview — Aux Sable Creek Watershed Plan June 2009 US Geological Survey — Urbana, • Provides real -time, unofficial Data available at IL river /stream stage information, http: / /il.water.usgs.gov rain totals If you are interested in getting involved in the Aux Sable Creek watershed contact Joan Soltwisch at (815) 467 -2059 about the Aux Sable Creek Watershed Coalition. The Conservation Foundation, a not - for - profit land and watershed protection organization serving northeastern Illinois, has also been involved in watershed activities and may be available to assist interested persons on water quality initiatives. Page 10 of 10 How to Get Involved: You can help maintain the quality of the Aux Sable Creek. Here are ideas to get you started: • Join a committee working to support the watershed, such as the Aux Sable Creek Watershed Coalition. Contact Joan Soltwisch at (815) 467 -2059 about the Coalition. �l ; o U1 o P • Plant native plants to soak in water where it falls. Butterfly ° M n and rain gardens are good options. d CA o o • Use a rain barrel to collect and reuse rainwater. 0 • Use environmentally - friendly lawn care products. a For more information, visit: Ul I TI Nv-,v-,v.auasablecreek-,vatershed.oro 00 You can work with your community leaders, neighborhood/ subdivision, friends, Soil & Water Conservation Districts, or not - for - profit organizations focused on natural resources. VP P Gor F R—d of I �1 ! o. 52: `^ Kendall Goun Grundy Ccun'Y � - ,•- [`, - � Q - Roure 6 ' • M-1 51' �+ 4\ \0 A portion of the funding for this project was provi ded by the Governc � of Illinois, the Illinois Environmental Protection Agency through Section 319 of the Clean Water Act, and the Community Foundation of Giundy County. o N 4 Front brochure image courtesy of Carla Taylor. ! Aux Sable Creek Watershed Information What You Can Do: Recommendations From the Aux Sable Creek Watershed Plan Our 120 watershed is home to 14 people based on 2000 Individuals Census data. This is more than double the 1990 estimates of just over Keep it where it falls - Nearly 60% of rainwater that falls on your lawn washes off. Native Plants slow run off, allowing rainfall to soak into the soil. Rain barrels collect water for use later. 5,600 residents. Agriculture remains the dominant land use. However development is occurring in many areas. Let it grow - Instead of mowing to the water's edge, allow native plants to form a buffer along Water Quality the banks of lakes, ponds, and streams to prevent erosion (and loss of property), stop pollutants Runoff from rain and snowmelt carries pollutants such as oils, salt from washing in and protect fish habitat. pesticides, and sediment into waterways. This is called nonpoint source Greener is better - Runoff from impervious surfaces like driveways and patios contributes to pollution. The Illinois Environmental Protection Agency (EPA) flooding. Minimize its impacts by using porous materials. reports that nonpoint source pollution is the number one threat to Know your lawn's needs - Excessive fertilizer washes off lawns and into waterways causing water in Illinois. Stream ecosystems and water quality degrade as a algae blooms and decreasing the stream health. Follow the application rate recommended by watershed is developed with streets, parking lots, rooftops, and other soil test results or on the fertilizer packaging. Consider environmentally friendly= lawn care impervious surfaces. But with careful planning, we can implement -)ducts. practices that support the quality of our water — even as develc nt Photo courtesy of Jim Kleinwachter continues. Watershed -scale plans strive to create an environmentally Keep storm water clean - Keep used motor oil, pesticides, and other toxic substances out of and economically healthy watershed for the benefit of everyone. storm drains. Storm drains don't go to a treatment plant, but discharge to detention ponds and streams. Contact a local auto shop, Kendall County- Environmental Health Services, a Soil & Aux Sable Creek Watershed Planning Water Conservation District, or ww-w.earth911.com to inquire about recycling used motor oil. The extensive floods of 1996 prompted the off/' wmo�olt/' first watershed plan and the formation of WeJcaovvAt/ act t& quaUty. the Aux Sable Creek Watershed Coalition, a . grassroots organization which has actively } Agricultural promoted water quality. Many other resident and i Continue good stewardship - Grassed waterways, terraces, nutrient management, and landowner actions have also helped maintain our comprehensive livestock management and other agricultural best management practices have water quality supported water quality for generations. An update to the original watershed plan began Buffer the creek - Plantin g ri p arian buffers /filter filter stri p s can reduce erosion b y actin g o y as Photo courtes f Poul Byrd. � in 2007 with the help of a local advisory sponges during times of high water, protecting cropland from flooding. The watershed plan committee. The goal was to consider current- I identifies areas where this type of green infrastructure may be appropriate. conditions in the watershed and create a plan meeting Illinois EPA Communities requirements. This collaborative effort involving a variety of Aux Engage everyone - Encourage everyone to treat water as a resource. Involve community Sable Creek watershed stakeholders (local government representatives, members in activities such as stream clean -ups and storm drain stenciling to discourage dumping landowners, residents, local organizations and citizen groups) created a in sewers. Local conservation groups may have resources to assist. plan that focuses efforts on identifying aspects that can degrade water quality in the coming years and on providing strategies to prevent Use conservation design - This development approach requires working closely with a site's a natural functions, avoiding floodplains, protecting high quality natural features, and utilizing ° 6 adverse effects on the creek. Plan implementation is voluntary ar will • _ likely occur through a combination of individual and com City >i Best Management Practices. The watershed plan identifies areas where green actions. infrastructure may be appropriate. ` The current plan is available at wtv , ,v.auxsablecreek�vatershed.or�- or in Keep soil in its place - Erosion from construction sites contributes to stream sedimentation the Channahon, Minooka, Morris, Oswego, Plainfield, and Yorkville problems. Communities can organize contractor education and community awareness programs libraries. to minimize these impacts, as well as implement regulatory programs. Photo courtesy of Cindy Ayers. Aux Sable Creek Watershed Playa Update Presentation to the United City of Yorkville on June 9, 2409 Aux Sable Creek Watershed. Management Plan Drafted 2008 ,5-1,- 0- 0 Background • Watershed committee formed in 2996 • Coalition formed after plan completed (2000) • Local desire to maintain Creek's Class A rating • Watershed is changing, re- visiting watershed plan important to — Continue efforts & collaborate to improve development practices — Focus on voluntary methods that can prevent creek degradation — protect our quality of life • 2004 Illinois EPA mandate for watershed plans to incorporate 9 elements 1 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Boundary Agreements in Watershed R— Watershed Planning Process • Establish an advisory committee, inviting the range of various watershed stakeholders July 2007 — Sept 2408 regubx committee meetings to work on components of plain ® Prepare a draft plan focused on aspects that can improve & protect the watershed Public review of draft plan (now) 2048 planning process ends (March 2049) 2 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Advisory Committee Watershed residents Aux Sable Creek Watershed Coalition Channahon Grundy County Grundy County Soil & Water Kendall County Soil & Water Conservation District Conservation District Kendall Fann Bureau: Gnindy Faun Bureau Kendall County Forest Joliet Preserve District {{ Joliet Park District Kendall County jMinooka I Morris Oswegoiand Park District Oswego Plainfield Park District Plainfield will County Shorewood Yorkville Will County Forest Preserve District Complete list of members: www.auxsablecreek-watershed.org 1 Committee Meetings i. Impairments & issues in the watershed 2. Goals for the watershed 3. Vision statement 4. Landowner bill of rights 5. Gathered local data to use and/or note in plan 6. NPDES Phase II integration with watershed -based planning \J 7. Local ordinances and their impact 8. Chapter review & discussion All committee agendas & documents are posted on the website: wevw.auxsablecreekwatershed.org 3 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Plan 1. Introduction 2. Existing Conditions 3. Watershed Impairments 4. Agricultural Management Practices & Programs 5. Urban: Management Practices & Programs 6. Recommendations & Action Plan 7. Potential Funding Sources P i 8. Monitoring Plan Successes t °4 Existing Conditions K,ev Sections: - Hydrologic conditions - drainage patterns - Soils - particularly hydric soils - Existing regulations { L 4 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Existing & Future Impairments Existing • Fecal conform bacteria (2006) • Anecdotal from committee: • flooding DANGER • erosion ` END fJF • undersized culverts STaRM • sewage or septic failures • crushed/undersized drain tiles - Future • Non -point source pollution — -- Agricultural Management Practices Continue and expand( ?) nractices such as: • Conservation Reserve Enhancement Program (CREP) • Conservation Reserve Program (CRP) • Farmable Wetlands Reserve Program • livestock management programs • nutrient management planning • conservation tillage 4 ' tt ti . 5 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Urban Management Practices Practices mieht include: • Public education & outreach on stormwater impacts • Public involvement & participation • Illicit discharge, detection & elimination • Construction site runoff control 4 � 4 r • Post construction runoff controls • Pollution prevention/good housekeeping ;l Improve water quality Continual Riparian buffers /filter strips Continual Post - construction runoff controls ($MPs in development) 1 -6 years Improve aquatic habitat Continual ![ Enforcement of construction site runoff controls Continual Development of illicit discharge, detection, and elimination 2 - -5 years program Create Aux Sable Creak Watershed overlay district 3-6 years Restoration ofnatural areas 1 -5 years Post - construction runoff controls (Retrofit $MPs) 2 -4 years Education /outreach (Coalition meetings) I Continual I programmatic natural resource preservation Continual Stakeholder input survey 1 -3 years Aux Sable Creek Watershed website Continual ` Community involvement programs 1 Continual Water conservation program I Continual 6 Aux Sable Creek Watershed Plan Update Presentation to the United City of Yorkville on June 9, 2009 Now What? It enables watershed stakeholders to: • focus efforts • develop partnerships for future projects • qualify for Section 319 funding for projects This plan is not a: • zoning map. • land use map. • comprehensive plan. • means to designate land uses. • legally binding document. • required part of local comprehensive plans. Plan is available • On-line: Nxr\�rw.au-xsablecreek-xvater.-bed • Local libraries: — Yorkville Public Library — Oswego Public Library — Three Rivers Public Library — Main Library (Cbannahon) — Minooka Branch • Local governments 7 I I WINDETT RIDGE DRAINAGE INVESTIGATION United City of Yorkville, Kendall Co., IL City Council Status Report Discussion Outline June 9, 2009 1. Background & Observations Scope Review Meeting on May 12, 2009 Project Location(s) [Exhibit No. 1] ✓ Claremont Court ✓ Drayton Court Site Visits on May 12, May 15 & May 21 Review May 15 & May 21 Pictures [Picture Packet] Resident Observations & Feedback Off -Site Drainage Review [Exhibit No. 2] 2. Alternatives Evaluation — Claremont Court Alternative No. 1 — Storm Sewer Installation & Swale Reshaping [Exhibit No. 3] v Alternative No. 2 — Swale Reconstruction Alternative No. 3A — Bioswale Construction Alternative No. 3B — Bioswale Construction with Storm Sewer 3. Recommendation & Conclusions Claremont Court 4 15" Storm Sewer ($81,000) Drayton Court ✓ Installation Of Pavement Surface Course ✓ Interim Solution — Sandbagging On Pavement To Divert Flow Into Upgradient Curb Inlets 4. Next Steps Finalize Letter Report Notify Developer Of Required Improvements 5. Other ENGINEERING ENTERPRISES, INC. G:TubhcNYorkvillet20091YO0904 Windelt Ridge Drainage lnvestigalion\ D- Wiscusslon Outline 00_09_09.doc SUGAR GROVE, IL Claremont Court Field Investigation Photos F 1!• Route 47 Culvert — East End hid . 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I -- K,,,� - r._.... �_ __ �.- ��_ ---- �� _ �� ��� �- •r- '�.� • � • • , CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS 1 � I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on June 9, 2009, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. D -880109 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; 3 MR. GARY GOLINSKI, Alderman; 4 MR. ARDEN JOE PLOCHER, Alderman; 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; 'I 15 MR. WILLIAM POWELL, City Treasurer; 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 - - - - - 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.) 07:38PM 5 MAYOR BURD: Public hearing. Petitioner 6 has filed an application with the United City of 7 Yorkville, Kendall County requesting an amendment 8 to the annexation agreement dated June 18th, 2007, 9 to include a planned unit development. The real 07:38PM 10 property consists of approximately 4.214 acres, 11 located at 6684 Route 47, in the United City of 12 Yorkville, Kendall County, Illinois. 13 And is there anyone here who would 14 like to speak to this question? Please come up 07:39PM 15 and state your name for the record. 16 MS. DUBAJIC: I am Lynn Dubajic with the 17 Yorkville Economic Development Corporation and I 18 wanted to bring forth a couple of points of some 19 things that are in your packet, so if I could ask 07:39PM 20 you to refer to your packet about this project. 21 One of the maps that you have in 22 your packet is the City's newly approved 23 Comprehensive Plan. It's the map looking like 24 this in color with the solid, not the hatching. I Depo•Court Reporting Service (630) 983 -0030 4 1 want to speak to that first. 2 The City's Comprehensive Plan 3 defines commercial, which this is, for where this 4 property is identified as convenience businesses 07:39PM 5 to residence. 6 With that in mind, I wanted to 7 mention that this type of business that's going to 8 be presented on the rear portion of that four -acre 9 parcel that's being referred to today is actually 07:40PM 10 more consistent with that definition than 11 industrial, so actually going forward with this 12 PUD you would actually be keeping consistent with 13 what was recently approved from the October of 14 2008 City's Comprehensive Plan. 07:40PM 15 Secondly, the M -1 zoning which is on 16 the map that's hatched shows the property with the 17 site location, and the M -1 zoning again on the 18 rear of that four -acre parcel is actually 19 compatible with the surrounding M -1 zoning. It's 07:40PM 20 on two sides. And the third side is the Kendall 21 County Highway property. 22 So, again, that not only complies 23 with the Comp Plan, but it also complies with the 24 property that's adjacent to it. Depo•Court Reporting Service (630) 983 -0030 5 1 And also this development will 2 provide the very, very important water and access 3 for the Kendall County Highway Department, which 4 they have been waiting for for a while and are 07:41PM 5 very much in need of. 6 As the traffic has increased on 7 Route 47, they would very much like to have access 8 to that light. 9 Thirdly, by using the PUD zoning, 07 :41PM 10 this will give the City of Yorkville complete 11 control over the current proposed use and any 12 future use. 13 We know what's being proposed here, 14 you've seen the renderings in your packet, and, 07:41PM 15 again, this is on the rear portion of that 16 four -acre parcel, and the front portion, which is 17 approximately two acres, has the potential of i 18 being perhaps fast food, independent buildings of 19 some type, which would be in accordance with the 07:41PM 20 B -3 and vision from Route 47. 21 This piece, again, is the rear and 22 will have access through the road that will be 23 going through to serve this parcel, as well as the 24 Kendall County Highway building. Depo•Court Reporting Service (630) 983 -0030 6 1 And then I wanted to make a couple 2 statements just in general about economic 3 development. The investment of this building in 4 the amount of nearly $3 million also will generate 07:42PM 5 fees and sales tax to the City of Yorkville and J 6 continue to reduce the tax burden to our j 7 residents, which, of course, we know is very 8 important during this time, and also the commerce i 9 that's created by this new business in this area i 07:42PM 10 will also positively affect other surrounding 11 businesses in this area. 12 And when I think about the south 13 portion of Yorkville, south of the river, we know 14 it's very important to keep the continued 07:42PM 15 development of businesses in the area as it's 16 truly an emerging growth area and emerging trade 17 area. Thank you. 18 MAYOR BURD: Mr. Fisher. 19 MR. FISHER: Hi, I'm Dean Fisher. I 07:42PM 20 guess I'd like to address this also at the same 21 time. It was interesting, I was invited to the 22 Economic Committee the other night and addressed 23 it in a little different venue and trying to 24 challenge the City to be a little more data driven Depo•Court Reporting Service (630) 983 -0030 7 1 and demographically driven when they are i 2 considering business rezoning. That made the 3 papers, which was interesting to me. I didn't 4 know the paper was there, so I know Tony now. I 07:43PM 5 identified you, Tony, which was fine, you know. 6 Interesting enough, when I saw that 7 appear in the paper, my phones rang off the hook 8 and I received a lot of very positive calls and 9 comments to some of the commentary that I made at 07:43PM 10 that meeting. It's interesting, I want to -- I 11 actually want to leave that, I don't want to 12 talk -- I've got powerful data here and I want to 13 leave that. 14 I was directed to your site by 07:43PM 15 Travis and I went to your site, and thanks to 16 having Lynn identify this issue that's before us, 17 and I pulled up your strategic plan. 18 This was interesting to me because 19 in the early 90's I served on your early strategic 07:44PM 20 plan, I served on the Chamber 20 years, president 21 twice, and we convened a meeting, the mayor came 22 and asked if we would work to get some of the 23 citizens together and some counsel, and the 24 aldermen worked on a strategic plan to develop Depo•Court Reporting Service (630) 983 -0030 8 1 that. 2 It's interesting to me after that 3 strategic plan was developed, you basically have 4 adopted that, that's what you're working off of, 07:44PM 5 and also out of that came a very interesting 6 prospect of developing an EDC, an Economic 7 Development Council. I actually hired them, and 8 Lynn Dubajic, she's done a great job in Yorkville 9 for us. 07:44PM 10 But the issue that we're confronted 11 with now in 2009, you convened that strategic 12 planning committee and you looked at some areas 13 that you wanted to give different consideration to 14 and that you were concerned about and one of the 07:44PM 15 areas is south of Yorkville, and there was a 16 concern that we were beginning to develop into two 17 strategic areas of shopping, or at least we wanted 18 to develop into two strategic areas of shopping, 19 and you identified the south end of town as a 07:45PM 20 potential boon in retail development there, and 21 actually there was concerns as to how that was 22 being developed. 23 The concrete plant was allowed in 24 there and there was a lot of concern over the fact Depo•Court Reporting Service (630) 983 -0030 i I I 9 1 that you wanted to stop that M -1 or that 2 industrial -type zoning that was going on in that 3 location, and so you began to develop a 4 retail -type of zoning down both sides of 47 to 07:45PM 5 strategically help you later on as all the housing 6 and all the growth came to have retail i 7 opportunities for people who were going to live in 8 those subdivisions in those areas. You set forth I 9 your industrial zoning on the back side of that, 07:45PM 10 which she just identified. 11 So the issue becomes what is the fit 12 for the business that you are currently looking 13 at. 14 Now, unless any of you go -- while 07:46PM 15 this is kind of the kettle -- how does that g o, 16 the pot calling the kettle black -- I understand, 17 I own a collision repair interest, I understand 18 how it's located and I understand at the time it 19 was a good location for that collision repair 07:46PM 20 because it's a dead -end, retail did not want to go 21 there because they like to be together and they 22 like to be clustered and they like to be along 23 together, and so there was a dead -end path, there 24 is a creek there and a field and there is nothing Depo•Court Reporting Service (630) 983 -0030 10 1 going to happen in that area and so we agreed to 2 come in and take a look at that property and to 3 develop that. 4 We put a shop in there, we put the 07:46PM 5 Midas in there, and we also put all the retention 6 in for all of the facilities in that area that 7 have never put any retention in because that used 8 to be something that we never talked about or 9 dealt with at that time, so I understand I may get 07:47PM 10 some chuckles out of this, but I understand as we 11 talk about this, you may sit there and go well, 12 gee, Dean, you've got your facility in and now 13 you're saying that they shouldn't put this 14 facility in here. 07:47PM 15 I guess my issue is if some of you 16 disagree with where my facility is, then let's not 17 perpetuate the problem and let's look at the 18 retail outlets and the strategic movement and the 19 strategic plan as we go forth and work on that. 07:47PM 20 This land, in fact, is interesting 21 to me because as it develops, it is a lot more 22 valuable to them in that strategy than it is with 23 the strategy they have. 24 And you can talk about tax dollars, i Depo . Court Reporting Service (630) 983 -0030 i 11 1 and that's a little interesting, and I will talk 2 to that just for a few minutes, that I'm a service 3 industry, I don't pay taxes on labor, we the pay 4 service taxes on parts, not retail taxes on parts, 07:47PM 5 and so those tax dollars are limited basically to 6 the box that you have there that it's assessed on, 7 so that kind of alleviates the retail issue versus 8 a service issue for you. 9 So I guess my recommendation is that �I 07:48PM 10 you stay with your strategic plan. You had some 11 great minds in the room, you put them in the room, 12 you asked them to give you a plan. They were 13 there for half a year meeting and talking about 14 this. They laid forth a plan, they set forth a 07:48PM 15 mode that they wanted you to follow, some of you 16 might even have been in the room and helped design i 17 this plan, and so my request is that you follow 18 that plan. 19 I'm not going to talk about the 07:48PM 20 economic impact tonight, I'm not going to go 21 there. There will be an economic impact. If they 22 expect to add jobs, I believe that they'll 23 actually take jobs, and so it's kind of an 24 interesting prospect to me when you consider what Depo•Court Reporting Service (630) 983 -0030 12 1 i in Yorkville now. s 2 My industry is receding. When -- 3 and I have data that shows it's been receding for 4 five years. It's a little interesting to me when 07:48PM 5 we begin to talk about economic impact. 6 But regardless, I think you have a 7 plan, I pulled it off of your site. I looked at i 8 it, it's here, I am holding it up in bold bright 9 and color, and I guess I would respectfully 07:49PM 10 request that you follow your plan. Thank you. I 11 MAYOR BURD: Yes, sir. 12 MR. RICE: My name is Gary Rice. I am 13 also a businessman in Yorkville and I agree with 14 the Fisher family here. 07:49PM 15 I wonder if the Economic Development 16 Committee, if they look at -- for instance, she i 17 mentioned maybe a fast food restaurant going 18 there, more tax money. Well, there's only so much 19 business to be had in Yorkville, so if a fast food 07:49PM 20 restaurant, XYZ Burgers come in, part of the 21 McDonald loses their business, part of Wendy's 22 loses theirs. 23 You still have the same amount of 24 tax money coming in, but you have other businesses Depo•Court Reporting Service (630) 983 -0030 13 1 maybe that are already established that are 2 hurting. 3 I think we've seen that in the car 4 wash in Yorkville that just changed hands. I 07:50PM 5 don't think Yorkville really can handle two big 6 car washes, so the family that was established I 7 here already operating a real nice car wash, 8 another one comes in, takes maybe a quarter of 9 their business, which hurts them, and then the new 07:50PM 10 car wash can't make it and changes ownership. 11 Also we have all kinds of empty 12 buildings out here on the south side. I already 13 know one business, a little dollar store, that 14 closed in one of our little shopping centers 07 :50PM 15 there, and how many empty buildings do we want 16 around here? 17 I think you need to stick to a plan 18 that was made a long time ago, like Mr. Fisher 19 says, and if you are going to change zoning, don't 07:50PM 20 do it just thinking you're going to get a little 21 more tax money when really you aren't going to get 22 more tax money. 23 And hopefully we're not going to do 24 it just to give Kendall County Highway Department Depo•Court Reporting Service (630) 983 -0030 14 1 their water and sewer or whatever. 2 But as a businessman I would like to 3 support these, I'd like to see you people give the 4 Fishers opportunity to put some figures together 07:51PM 5 and show you exactly how it would hurt an existing 6 business and yet really not help the City. I 7 I think it's time that you need to 8 support the businesses that were here and worked 9 hard. The Fishers have done a lot for this 07:51PM 10 community. This all has to be taken into 11 consideration, too. It shouldn't be just voted on 12 like this; it should be well thought out and get 13 as much data as you can. That's all I have to 14 say. 07 :51PM 15 MAYOR BURD: Thank you. Is there anyone 16 else here who would like to talk? Are you signing 17 in when you -- the people? 18 MR. GETTLER: I would love to, but I 19 don't see it here. 07:51PM 20 MAYOR BURD: Did somebody pick it up? 21 MR. GETTLER: I think somebody picked it - 22 up when they left. 23 ALDERMAN GOLINSKI: Freeman? 24 MR. FISHER: I did. I'll sign you in, Depo•Court Reporting Service (630) 983 -0030 15 1 too, Ed. 2 MR. GETTLER: Ed Gettler from Windett i 3 Ridge, and I'd like to thank Brendan McLaughlin 4 for sending me the punch list and a couple other 07:52PM 5 items which I looked over, and everybody is right, 6 the punch list is almost unreadable. 7 Although I did get some -- some I 8 things I did understand, understand it, and it 9 came under a letter that was dated April 7th, 07:52PM 10 2009, to some person at Weisman Hughes, and it was 11 signed from someone from -- 12 ALDERMAN MUNNS: Excuse me. Is that 13 another hearing? 14 MAYOR BURD: Oh, sir. Sir, excuse me. 07:52PM 15 You are -- this is a public hearing on one issue. 16 MR. GETTLER: Oh, I'm sorry. I thought 17 this was -- 18 MAYOR BURD: No, no, no. This is -- 19 we're just talking about -- 07:52PM 20 ALDERMAN MUNNS : It hasn't come up yet. 21 ALDERMAN WERDERICH: It's coming yet. 22 MR. GETTLER: Oh, I'm sorry. 23 MAYOR BURD: This lady is typing it all 24 in. Depo•Court Reporting Service (630) 983 -0030 16 1 MR. FISHER: Do you want me to still 2 sign you in? 3 MR. GETTLER: No. 4 MAYOR BURD: Just wait a little while. 07:53PM 5 We are talking about -- 6 MR. GETTLER: I am embarrassed. 7 MS. ORR: No, no, no. 8 MR. KRAMER: For the record, my name is 9 Daniel J. Kramer, I am an attorney licensed to 07:53PM 10 practice law in the state of Illinois, and I 11 represent the owner of the property, DTD 12 Investment, LLC, and I've got great respect for 13 Dean and Doug Fisher. Having raised three 14 teenagers in town and my own foibles, we've 07:53PM 15 supported their business very well over the years, 16 and I suspect I'll continue to do that because 17 there is some product and brand loyalty there, but I 18 I think what you've heard tonight is clearly about 19 economics and not zoning. 07:54PM 20 The bottom line is the Comprehensive 21 Plan, as Lynn Dubajic has pointed out, shows 22 commercial in that area. We know the areas in the 23 town that have developed well for retail use are 24 the ones right on the highway, generally not Depo•Court Reporting Service (630) 983 -0030 17 1 sitting behind a second building. There you 2 usually get a second tier or not quite as 3 desirable of a retail user. 4 When we look -- and Kathy, as city . 07:54PM 5 attorney, can tell you, the LaSalle factors, they 6 like to say all six are equal, but then they 7 always say of paramount importance is what are the 8 property uses in the surrounding zoning, and they 9 don't even say touching, they say surrounding. 07:54PM 10 But here Wildwood, owned by 11 Dr. Davis, is M -1 surrounding it, the County is 12 zoned M -1 for the Highway Department. The 13 predominant use in the area is M -1. And I know 14 Dean the other night at Economic Development 07:55PM 15 Committee, he may have been a little kind, he said 16 he remembered 135 people that thought that the 17 then mayor and city council weren't too smart. I 18 remember it as a much larger group and many nights 19 over at the Beecher Center. 07:55PM 20 Back then our PUD' s were a special 21 use, they weren't a zoning class. Dean's use was 22 in a B -3 commercial area, so the question of 23 whether the Car Star facility could be located 24 there was site specific. The focus was totally on Depo•Court Reporting Service (630) 983 -0030 18 1 Dean and Doug, and they did a very good job. 2 It's certainly an asset to the 3 community and it was nice to hear about two years 4 later many of the Countryside residents in Rose's 07:55PM 5 ward who were going to leave town and their 1 6 children were going to die because of Car Star a 7 being located there actually came back and said 8 what a nice business, it's well operated, they are 9 polite people, it's cleaner than our living rooms. 07:56PM 10 So that was kind of rewarding that we weren't all 11 dummies when we approved it as a city. 12 The world has changed radically 13 since then and the City Zoning Ordinance and now 14 the PUD is an actual underlying zoning class, and 07:56PM 15 you are not being asked to approve a site specific 16 business, this is a matter of zoning for that I 17 whole development, the entire four and a half 18 acres. 19 Fortunately, -- and I think it 07:56PM 20 probably is in your situation -- you don't have to 21 approve whether it should be Car Collision or it 22 should be Dan Kramer's office, it's the list of 23 uses under the PUD that are permissible in that 24 class of zoning. That class is trying to take out Depo•Court Reporting Service (630) 983 -0030 i i 19 1 the issue of do you like the Smiths or the Jones 2 better. It's a zoning issue, it's not an economic 3 issue. 4 If you wanted to get into 07:56PM 5 economics -- and I think it's a slippery slope to 6 get in -- do you really want as eight aldermen and 7 the mayor to sit here and say we'll have Jewel, 8 but we won't have Aldi's, we will have a Catholic 9 church, but, you know, we've got eight churches in 07:57PM 10 town, we don't want a Lutheran Synod. Do you 11 really want to be placed in that situation? 12 What you want to do is create a 13 class and see if it meets the standards, the 14 class, does it comply with your facade ordinance, 07:57PM 15 does it comply with your material ordinance, does 16 it comply with your setbacks. And if it does all 17 of those things, we should be gender blind, 18 religion blind, brand blind. 19 And, again, it's the great American 07:57PM 20 way. If somebody thinks they can spend the money 21 to build a business and they've got a better way 22 to build a mouse trap, that's our capitalistic and 23 democratic society. 24 If we couldn't have more lawyers -- Depo•Court Reporting Service (630) 983 -0030 20 1 and most of you might say that's a good thing -- 2 we might not have a fine young man like 3 Mr. Werderich on the City Council. You might not 4 have a Carlo, who ran for City Council, because 07:58PM 5 gee, we've got too many lawyers. And, again, most 6 of you would probably say that anyway, but that's 7 just the way it is. 8 And some of those businesses are 9 discretionary, some are impulse. As Dean has 07:58PM 10 said, the fast food and other others are 11 necessities. I would consider a grocery store a 12 necessity, we all need to eat, but, again, we 13 didn't filter out as a City Council and none of 14 your predecessors ever have saying boy, that's my 07:58PM 15 favorite brand, so I'm not going to give somebody 16 the opportunity to try. � I 17 I've known Gary forever, we've 18 patronized his business. I disagree with him. I 19 think the County is an important player here. I 07:58PM 20 Unfortunately they've got an old sand point well 21 that's only about 25 feet deep that they don't use 22 for drinking water, it's been condemned for over a 23 decade. They've been waiting trying to get water 24 service, and one of the parts of the original Depo•Court Reporting Service (630) 983 -0030 21 1 annexation agreement was at no cost this owner 2 would extend water service to their building. 3 During a time like this -- and they 4 can get trucks in and out, but as Miss Dubajic 07:59PM 5 said, during snow storms when plows are coming in 6 and out heavy and during rush hour periods, this i 7 allows them to connect to that light. Again, the 8 light is totally being installed at developer 9 expense. I 07:59PM 10 So those are all good things for the 11 area. They're part of the fabric of the 12 community. They are things that responsible 13 developers and business owners do when they come 14 to a community. 07:59PM 15 And Mr. Tomich from DTD has been 16 totally responsive to the community. When you 17 look at the beautiful Fountainview Plaza he did 18 across the street, he would love to have that i 19 100 percent occupied, he would love to tell you 07:59PM 20 please don't approve any more strip malls, any 21 more offices or any more retail centers in the 22 city of Yorkville until my place is full on the 23 south side of town, but he wouldn't think of 24 asking you that because, again, it's your right to De o•Court Reporting Service 630 983 -0030 P P g � ) 22 1 do it as long as those other applicants meet the 2 standards. 3 So we would ask for a positive vote. 4 We believe Car Star will continue to do well. I 08:OOPM 5 really, really pat you on the back for the 6 Economic Development Committee the other night 7 because he said two things, he said I know their 8 business, I have no doubt they will do it 9 correctly as far as the technology and the 08:OOPM 10 safeguards, and he said I don't think it will hurt 11 my business, it may hurt some of the smaller 12 shops. Well, if it's not going to hurt the i 13 business, then what is the issue? 14 So again, we would ask for a 08:OOPM 15 positive recommendation and vote amending the 16 annexation agreement tonight. Thank you. I am 17 happy to answer any questions. 18 MAYOR BURD: Anyone have any questions? 19 (No response.) 08:OOPM 20 MR. KRAMER: Thanks. 21 MAYOR BURD: Is there anyone else who 22 would like to speak to this issue? 23 (No response.) 24 MAYOR BURD: If not, then we will go out Depo•Court Reporting Service (630) 983 -0030 i I 23 1 of public hearing. i 2 (Which were all of the I 3 proceedings had in the 4 public hearing portion of 5 the meeting.) 6 --- oOo - - -- i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 24 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 25, 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 I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 Depo•Court Reporting Service (630) 983 -0030 25 1 In testimony whereof, I have 2 hereunto set my hand this 1st day of July, A.D., 3 2009. 4 5 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 26 0 A 19:19 behind [1] - 17:1 capitalistic [t] - 19:13, 19:14 amount [2] - 6:4, better [z] - 19:2, 19:22 cleaner [l] - 12:23 19:21 Car f4] - 17:23, 18:9 084- 002883 [1] - A.D [1] - 25:2 ANN p] - 2:6 big [1] - 13:5 18:6, 18:21, 22:4 clearly (l] - 25:7 above - entitled annexation 131 - black ill - 9:16 car [4] - 13:3, 16:18 [2] - 1:16, 24:6 3:8, 21:1, 22:16 blind [3] - 19:17, 13:6, 13:7, 13:10 Clerk [i] - 2:16 access 131- 5:2, annexed [i] - 19:18 Carlo [i] - 20:4 closed ill - 5:7, 5:22 24:17 bold (1] - 12:8 Catholic fl] - 13:14 accordance ill - answer [l ) - boon 11] - 8:20 19:8 clustered (i ] - 1 - 24:7 5:19 22:17 bottom [i] - Center [l ] - 9:22 100 0 [1] - 21:19 accuracy [11 - anyway [t] - 16:20 17:19 Collision [1] - 135 [(] - 1 8 24:20 20:6 box [1] - 11:6 centers [z] - 18:21 18th [�] - 3::8 acre [3] - 4:8, 1st [l] - 25:2 appear [i] - 7:7 boy p] - 20:14 13:14, 21:21 collision fz] - 4:18, 5:16 appeared [1) - brand [3] - certainly [l] - 9:17, 9:19 2 acres [3] - 3:10, 2:20 16:17, 19:18, 18:2 color [21- 3:24, 5:17, 18:18 applicants [l] - 20:15 _certificate fi] - 12:9 actual [1] - 22:1 BRENDAN [1] - 24:17 coming [3] - 20 p - 7:20 18:14 application [1] - 2:13 Certified (l] - 12:24, 15:21, 2007 [U - 3:8 add (l] - 11:22 3:6 Brendan [i] - 24:3 21:5 2008 [1] - 4:14 address [i] - applies (t] - 15:3 certified [1] - commentary [1] 2009 [4] - 1:17, 6:20 24:17 bright [i] - 12:8 24:19 - 7:9 8:11, 15:10, 25:3 addressed [i] - approve (3) - bring [1] - 3:18 certify [3] - 24:4, comments (i] - 25 [21- 20:21, 6:22 18:15, 18:21, build [z] - 19:21, 24:11, 24:16 7:9 24:8 adjacent (i] - 21 :20 19:22 challenge [l] - commerce [1] - 4:24 approved [3] - building [4] - 6:24 6:8 3 Administrator 3:22, 4:13,18:11 5:24, 6:3, 17:1, Chamber p] - commercial [3] - ill - 2:14 April [1] - 15:9 21:2 7:20 4:3, 16:22, 17:22 adopted 11] - 8:4 ARDEN [i] - 2:4 buildings [3] - change pl - Committee [4] - 3111- 6:4 affect [l] - 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behalf [1] - 2:20 C.S.R (1] - 1:17 18:14,18:24, confronted [i] - Depo•Court Reporting Service (630) 983 -0030 27 8:10 p different [2] - 13:11, 13:15 14:4, 14:9 great [4] - 8:8, connect [11- 6:23, 8:13 end 13] - 8:19, fit [11- 9:11 11:11, 16:12, 21:7 directed [l] - 9:20, 9:23 five Ill - 12:4 19:19 consider [2] - D- 88010911] - 7:14 entire Ill - 18:17 focus [11- 17:24 grocery [i] - 11:24, 20:11 1:24 direction [i] - entitled [21 - foibles [l] - 20:11 consideration Dan [l] - 18:22 24:21 1:16, 24:6 16:14 group [1] - 17:18 ]2] - 8:13, 14:11 Daniel h1- 16:9 disagree [2] - equal [l] - 17:6 follow [31- growth [21- considering [1] data [4] - 6:24, 10:16, 20:18 established [2] - 11:15, 11:17, 6:16, 9:6 _ 7.2 7:12, 12:3, 14:13 discretionary 13:1, 13:6 12:10 guess [4] - 6:20, consistent [2] - dated [2] - 3:8, Ill- 20:9 exactly [11- 14:5 food [4] - 5:18, 10:15, 11:9, 12:9 4:10, 4:12 15:9 dollar [11- 13:13 excuse [2] - 12:17, 12:19, consists Ill - Davis [11- 17:11 dollars [2] - 15:12, 15:14 20:10 H 3:10 dead 12] - 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figures ]i1- 14:4 generate ]i1- 13:24, 17:12 course [1] - 6:7 development l6] 16:19, 19:5 filed [i] - 3:6 6:4 hired [l] - 8:7 create [l] - - 3:9, 5:1, 6:3, Ed [2] - 15:1, filter 1l] - 20:13 GEORGE [1] - holding [1] - 19:12 6:15, 8:20, 18:17 15:2 fine [2] - 7:5, 2:9 12:8 created h] - 6:9 Development EDC r] - 8:6 20.2 GETTLER p] - hook [l] - 7:7 creek [11- 9:24 15] - 3:17, 8:7, eight [21- 19:6, first [11- 4:1 14:18, 14:21, hopefully [1 ] - CSR [2] - 25:6, 12:15, 17:14, 19:9 Fisher [5] - 6:18, 15:2, 15:16, 13:23 25:7 22:6 embarrassed 6:19, 12:14, 15:22, 16:3, 16:6 hour[2] - 1:18, j current [1] - develops [1] - [�1- 16:6 13:18, 16:13 Gettler [i] - 15:2 21:6 5:11 10:21 emerging 121 - FISHER [3] - GILSON Ill - 2:9 housing [11- 9:5 DIANE [l] - 2:10 6:16 6:19, 14:24,16:1 GOLINSKI (z) - Hughes [1] - die [11- 18:6 empty ]2] - Fishers [2] - 2:3, 14:23 15:10 Depo•Court Reporting Service (630) 983 -0030 28 hurt [41- 14:5, invited 111- 6:21 LaSalle [1] - 18:16 MUNNS [31- ordinance [21- 22:10, 22:11, issue [121- 7:16, 17:5 mayor [31- 7:21, 2:5, 15:12,15:20 19:14, 19:15 22:12 8:10, 9:11, 10:15, law [1 j - 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[1] - 20:14 really [71- 13:5, responsible [1) - SS 1i] - 24:1 16:14 predominant(l] 13:21, 14:6,19:6. 21:12 19 :16 standards (2]- - 17:13 responsive [1 ] - sewer lii - 14:1 19:13, 22:2 testimony 111- 19:11, 22:5 25:1 presented Ill - rear [4) - 4:8, 21:16 shop [l 10:4 Star [31- 17:23, I Depo•Court Reporting Service (630) 983 -0030 30 theirs Ill - 12:22 U Werderich [1] - thereof [21- 20:3 24:15, 24:18 WERDERICH [21 they've 131 - under [41- 15:9, - 2:8,15:21 19:21, 20:20, 18:23, 24:19, whereof [11 - 20:23 24:21 25:1 thinking [t] - underlying p] - WHEREUPON 13:20 18:14 I11- 3:2 thinks [i] - unfortunately whole [11- 19:20 [l1- 20:20 18:17 third [i] - 4:20 unit [11- 3:9 Wildwood [i] - thirdly [i] - 5:9 UNITED [1] - 1:9 17:10 three [il - 16:13 United f31- 2:20, WILLIAM [i] - tier[ll - 17:2 3:6, 3:11 2:15 today [11- 4:9 unless hl - 9:14 Windett [tI - together 14] - unreadable 11l 15:2 7:23, 9:21, 9:23, 15:6 wonder [l I - 14:4 up [s] - 3:14, 12:15 Tomich [i] - 7:17, 12:8, 14:20, world [i] - 18:12 21:15 14:22, 15:20 tonight (3) - 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Lunch was provided so that we could receive 6 hours of uninterrupted training. Administration Meeting lunch $28.51 - -- This was a meeting the Mayor attended with a representative from Senator Burris's Office. Administration plant $64.94 - -- This was for a plant for the Mayor of Plattville who was ill. Administration Alderman Class training conference $169 - -- This was for Alderwoman Teeling to attend a government class held at Waubansee College. If there are any further questions, please let me know. j l i I `,ee'o C /rJ- �_ United City of Yorkville EST. 1836 County Seat of Kendall County William Powell 800 Game arm Road Treasurer -c Farm � e p I n Yorkville, IL 60560 Phone: 630 -553 -4350, ext. 6008 <LE Fax: 630 -553 -7575 May 15, 2009 To: Police Pension Board City Council United City of Yorkville Subject: Annual Police Pension Fund Activity for Fiscal Year May 1, 2008 to April 30, 2009 (As required by Illinois State Statue 40 ILCS 5/3 – 141) Fiscal 2007 -08 Fiscal 2008 -09 Fisca12009 -10 Actual (4/30) Estimated Actual (4/30) Estimated Balance as of May 1: 2,156,87118 2,612,538.50 2,612,538.50 2,740,233.35 Contributions: Employees: 182,597.35 190,000.00 196,258.23 210,000 IlVIRF Transfers 0 0 0 0 Tax Levy: 275,144.21 300,000.00 297,327.74 325,000 Investment Income: 152.262.27 180.000.00 - 227,377.67 N/A Total Contributions: 457,741.56 490,000.00 493,585.97 535,000.00 ExpensesPaid: Contribution Refunds 22,662.66 3688.57 6,176.56 0 Supplies: 13.75 100 19.4 100 Legal Fees: 3000 2400 2,400.00 2600 Accounting /Minutes 1692.5 1800 1,475.00 1600 Audit Fees: 3000 2200 0.00 2150 IDOI Filing Fees: 1000 2000 1,475.00 1350 Actuarial Fees: 1300 1500 1,300.00 1500 Investment Fees: 11,352.00 15,000.00 12,375.00 15,000.00 Pension Seminars 0 1000 0.00 1000 IDOI Compliance Fee 316.6 400 431.37 500 Retirement Pavments 110.000.00 112.128.00 112.861.12 113.880.60 Total Expenses 154,337.51 142,216.57 138,513.45 139,680.60 Fiscal Year End Balance: 2 2,960,321.93 (E,740,233.35 — Submitted by: William Powell: United City of Yorkville Treasurer President Secretary file: Annual T Rpt 43009.xls