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City Council Minutes 2009 09-22-09 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, SEPTEMBER 22, 2009 Mayor Burd called the meeting to order at 7:07 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 Absent Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Attorney Orr, City Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika, Public Works Director Dhuse, Police Lieutenants Hart and Schwartzkopf, Community Development Director Miller, City Engineer Wywrot, City Park Designer Haake 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 Mayor Burd entertained a motion to table Item # 1 — Ordinance Approving a Preliminary Plan and Final Plat of Subdivision for Medco Northgate Yorkville, LLC Subdivision (Rt. 47 & Galena) and Item #2 — Ordinance Rezoning Certain Property in the Vicinity of Galena Road and Rt. 47 (JR Yorkville, LLC) until the until the October 13, 2009 City Council meeting per the request of the petitioners. So moved by Alderman Sutcliff, seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., October 20, 2009 City Hall Conference Room Economic Development Committee: 7 :00 p.m., October 6, 2009 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., September 28, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., October 8, 2009 City Hall Conference Room *rescheduled from September 24, 2009 PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. II The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — page 2 CONSENT AGENDA 1. Earthmover's Credit Union — Sidewalk Easement — authorize Mayor and City Clerk to execute (PW 2009 -90) 2. Fox Road LAPP Project — Change Order 42 — authorize increase in an amount not to exceed $3,308.81 and authorize City Engineer to execute (PW 2009 -91) 3. Ordinance 2009 -50 - Repealing 2008 Park Development Standards and Approving New Park Development Standards — authorize Mayor and City Clerk to execute (PW 2009 -92) 4. Resolution 2009 -40 - Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Performance Bonds for Construction of Land Improvements — authorize Mayor and City Clerk to execute (PW 2009 -88) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Spears; 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 PLAN COMMISSIONMONING BOARD OF APPEAL Mayor Burd reported that just prior to this meeting the City Council had a joint meeting with the Zoning Board of Appeals in order to get a better understanding of what they do. She stated that it was a good meeting and that Director Miller will now be attending the ZBA's meetings and reporting back to the City Council. She advised the City Council that if they had any concerns regarding zoning to contact Director Miller. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of July 28, 2009 and August 11, 2009; seconded by Alderman Munns. Alderman Gilson questioned the wording on page 4 of the July 28, 2009 minutes under Resolution 2009- 37. He stated that instead of "after ignoring" in the second paragraph it should read "without ". Motion approved unanimously by a viva voce 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 September 16, 2009 totaling the following amounts: checks in the amount of $499,351.59 (vendors); $268,162.79 (payroll period ending 9/12/09); for a total of $767,514.38; 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 REPORTS MAYOR'S REPORT Appointment to Human Resource Commission — Jill Harker (CC 2009 -79) Mayor Burd entertained a motion to approve the appointment of Jill Harker to the Human Resource Commission. So moved by Alderman Sutcliff, seconded by Alderman Munns. Mayor Burd stated that it was with great pleasure that she brought forward the appointment of Ms. Harker. She explained that she is a very dedicated volunteer who has worked on the city's holiday and - anniversary programs. She noted that there is still one more position still open on the commission. 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 Resolution 2009 -41 Approving a Revised Policy for Athletic Field Use Policies and Procedures (CC 2009 -80) Mayor Burd reported that the Park Board unanimously recommended the revised policy. Interim Director Olson added that the September 16, 2009 memo in the City Council packet outlines the changes. The The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — page 3 policy was revised to set fees by September 30, 2009. The fees have been increased to address maintenance, lighting, etc. Mayor Burd entertained a motion to approve a resolution approving a Revised Policy for Athletic Field Use Policies and Procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye Yorkville Youth Baseball Softball Association ( YYBSA) Agreement for 2010 (CC 2009 -81) Mayor Burd entertained a motion to approve an agreement between the United City of Yorkville, Yorkville Park & Recreation Department and the Yorkville Youth Baseball/Softball Association and to authorize the Mayor to execute. So moved by Alderman Sutcliff; seconded by Alderman Spears. Mayor Burd reported that this agreement was unanim ously approved by the Park Board. Interim Director Olson explained changes such as the increase in fees and the clarification of the payment of fees. He stated that the Park Board is recommending a change to the sign ordinance so that signs or banners can be hung on the backstops. Alderman Spears stated that she attended the Park Board meeting where they discussed the agreement at length. She felt that the increase on fees was warranted. Alderman Sutcliff stated that the YYBSA was upset last year because they were given notice of the increase after they had already collected registration fees under the old fee schedule. She felt it would be better to notify them of increases in the spring before they have their registration. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Orr reported that she was giving a seminar for Metro West in Sugar Grove on the new FOIA laws affective January 2010. She encouraged everyone to attend. She also reported that she would be speaking at a TIF conference at the IML Conference this weekend as well as joining the city's hearing officer in a co -panel discussion on the role of adjudication officers. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the parkway tree program is underway with trees being planted next week. CHIEF OF POLICE'S REPORT Lieutenant Schwa.rtzkopf reported on the following: • The next BASSET class would be held on September 28, 2009 at the library from 1:00 p.m. to 6:00 p.m. • The 4 Annual Senior Police Academy will be held on October 28, 2009 at the Kendall County Historic Courthouse at 8:00 a.m. Mayor Burd reported that Chief Martin has gotten state -wide recognition for the BASSET classes. Lieutenant Schwartzkopf added that other communities have approached them about the program as it is catching on in other areas. The Minutes of the Regular Meeting of the Citv Council — Sentember 22, 2009 — Dage 4 DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director Olson reported on the following: • There will be a Playful City event on October 12, 2009 (Columbus Day) at the Riemenschneider Park from 12:00 p.m. to 2:00 p.m. • The Halloween Egg Hunt will be held on October 24, 2009 from 7:00 p.m. to 8:00 p.m. at Town Square Park. • The Chili Chase 5K Run will be held on November 21, 2009 beginning at 8:30 a.m. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • The Community Volunteer Event will be held on October 21, 2009 at 6:30 p.m. at the library. • The Share and Care Recycling event will be held at the Kendall County Fairgrounds on October 24, 2009 from 9:00 a.m. to 3:00 p.m. • Cele Sanders from the Human Resource Commission submitted an application for a Governor's Hometown Award for the Food Pantry and the city has won the award. It will be presented to the city on October 29, 2009. Mayor Burd stated that the Hometown Award was a group effort and she congratulated everyone involved. She stated that the city should be proud of the Food Pantry. COMMUNITY & LIAISON REPORT Yorkville Economic Development Corporation Alderman Munn reported that he attended the Yorkville Economic Development Corporation meeting where membership was discussed, it is still holding steady with seventeen members. Revenue is up and sales tax is even with last year. Bristol Bay Park Open House Alderman Spears reported that she attended the Park & Recreation Department's open house for the Bristol Bay Park. She stated that Ms. Haake and Mr. Sleezer did a great job presenting the circus theme - park, addressing and answering the resident's questions. Metropolitan Planning Council Mayor Burd reported that she attended the Metropolitan Planning Council meeting in Chicago as Oswego Village President LeClergs's guest. Three members of President Obama's administration were present and there was a panel discussion held to discuss general issues of urban planning and environmental technology. Metro West Mayor Burd reported that she attended the Metro West meeting in East Dundee where there was a presentation on water supply and regional water planning. They discussed the concern with the extension of water lines which control growth. They are thinking of drafting legislation for a municipal oversight group. They also feel that areas should not be lumped together, i.e. shallow well users with lake water users. Metro West has formed a water conservation task force which Director Dhuse will be attending and she will have information sent to the City Council for their review. She asked that they relay their opinion to her. Kendall County Network Project Mayor Burd reported that she attended the Kendall County Network Project (KCNP) luncheon where Barbara Johnson from Yorkville CUSD 4115 received an award. Teen drinking and drug abuse issues were discussed and Sergeant Groesch discussed BASSET training and how it helps control underage drinking. REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Amending the Code of Ordinances for the Regulation of Wind Energy Systems — Second Reading (EDC 2009 -37) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances for the Regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — aau 5 Alderman Munns questioned the noise level mentioned on page 4, Item D. Director Miller explained that the noise is similar to that of an air conditioning unit and the noise is measured from the closest property line. Alderman Munns questioned the fencing requirements in Item E. Director Miller explained that this would be evaluated based on the system being used and fencing may not always be necessary. Alderman Munns questioned Item D regarding the height of the units and Director Miller stated that the height requirement is the same as it was in the original ordinance and small systems are proposed by zoning district. Alderman Gilson stated that he thought there was going to be separate ordinances for the separate systems and that it was confusing to run the two systems together. He asked if they could be separated. He also stated that he still has issues with the ordinance such as with the agencies named in it and enforcement of the ordinance. Alderman Spears shared Alderman Gilson's concerns and also thought the systems were going to be placed in two separate ordinances. She recommended they be separated. Director Miller stated that he thought the direction of the City Council was to research each system and address them in different chapters of the same ordinance because the systems share general provisions. Alderman Munn also thought there was going to be separate ordinances for separate systems. Mayor Burd thought it was agreed to be one ordinance with different chapters as Director Miller indicated. Director Miller was given direction to separate the systems into two ordinances with common general provisions. A motion was made by Alderman Spears to table the ordinance until the next City Council meeting; seconded by Alderman Munns. Motion to table approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Sergeant Dave Delany Alderman Spears stated that she received a memo from Chief Martin regarding Sergeant Dave Delany and the grants he has applied for and obtained. She complemented him on his fine work. She noted that the city received sixteen new radios due to his efforts and she asked the members of the City Council to take time and thank him for his work. Revenue and Expense Report Alderman Spears asked that the Detailed Revenue and Expense Report for Land Cash be taken to the Administration Committee because she has questions. Alderman Sutcliff agreed to put it on the committee's agenda. Fox Hill/Timber Glen Alderman Munns reported that he met with City Engineer Wywrot and Administrator McLaughlin to walk the Fox Hill and Timer Glen subdivisions. He stated that there are issues with garbage, overgrown grass, etc. and they made a list of things that need to be addresses. Land Cash Report Alderman Gilson stated that he asked Interim Director Olson for the Land Cash report but did not receive it. Mr. Olson indicated that it was emailed to the elected officials Monday with the elected officials request memo. Ward I Meeting Alderman Gilson reported that he and Alderman Werderich held a Ward I meeting which was well attended. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Spears; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Gilson -aye, Munns -aye, Plocher -aye i The Minutes of the Resular Meetins of the Citv Council — September 22, 2009 — vase 6 i The City Council entered into Executive Session at 7:58 p.m. The City Council returned to the regular session at 8:20 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff, seconded by Alderman Munns. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 8:20 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I REGULAR CITY COUNCIL MEETING September 22, 2009 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: &.4 -1/— e W ilhe i- /'� laoe 77 � 6 � v � v -LAUV- - YE- D J YQLL SIGNIN ° cry O� Memorandum To: City Council EST. , - 1836 From: Susan Mika, Finance Director b O �� an y CC. Mayor Burd; Brendan McLaughlin, City Administrator ,�� p Date: September 22, 2009 C Ic -y Subject: Bill List Questions Listed below are the responses to questions from the September 22, 2009 bill list: 1. Can you please detail H -1847C -67464 in terms of what this council entailed? Response: This was to revise a letter to the auditors and the Onishi Vs. Claashen case. 2. Can you please detail H -1974C -67611 in terms of what this council entailed? Response: This was for IEPA matters in regards to Hamman. 3. Can you please detail H -2013C -6765 in terms of what this council entailed? Response: Hamman fees matter, preparation of discovery requests to defendant. 4. Under SEC Group, Inc. can you please clarify which transportation plan these monies were spent on under 62399? For more clarification, please explain the monies spent under SEC Group 62399 if they apply to the Yorkville Integrated Transportation Plan & Fox River Watershed Study. I was under the impression that this was paid for complete by a grant. Response: This was for the Yorkville Integrated Transportation Plan; 90% is reimbursed by IDOT and 10% is the City's responsibility. 5. Under Yorkville Area Chamber of Commerce, can you please detail 24695 — Admin — Teacher Breakfast for I? Response: The Mayor attended this breakfast and the fee included one goodie bag for a new teacher. 6. Please explain last item appearing on page 19 "J. T. Johnson... 'of the subject report. Response: This is to refund Mr. Johnson, who is retired, his COBRA insurance premium for the month of September. If you have any questions or concerns, please do not hesitate to contact me. PRESERVE i O' 1x!1n'n9:AInt vOlkv.1le dr 321ST. ► rerr rtgr e. e- is tt ewi' o .. },. F,.tc ad P" tenuoyfR ver s own µ�. y �r,., . p ,� yy py,�. r pf'- a y 1� I �• Hlooricaly,r'iver towns de- ,,, '. ra,msu,+•P«w .. r Ifs a . vckq*dbywtureofttvEir geography, which offered °'` l - _ •k. � .c h land for farming, water ower for industry, and flat •I S ti _ �� land lo-ail beds. T6day, r -` agriculture and industry have ..:� ~<;'• I : 2 •�' Il ti - _ � �_ moved on and highways --- aaa___ . • have surpassed reds to+ trap. r" ! fiR The river town of ti* 21st -+' ` - - -,r i '`�'• ' ,�,� { .rte . century will otter new arneni- ��' �• Y• r. ' , 6. ties to a growing population" - .ecrea tion. relaxation, and X,;� r . renewal - ; - , s n u rec,,y - sra a brad t,i�'•ir - ti F . v � COLLAGE OF NEW PUBLIC PLAZA r wrt E%ISTINC CON XIS ` rir.. r<ryryrY.inC ^nvyO•rn - ...,,• L I 1 I .1. —... � - "-��� .. -.. . to..°u a +..pn or.rlvrdy.eyrr.twrh c,rol v � �:aJ " � M t�rtitrr,v.,,rr �'"�' j4�" -°: �c•,- .;�.i'r __ s _^�__ t ,�._.-- - ----- - �� r,�.JarK reeoe s+.ama htfn�OrAM MId Krpi<i'K trMlcyOR�+ rl-S�_ tjy"I � u ++.� I '.- -~,^T' 1 — s.J�+8- J:+.+— .� -R -_-+ �-+ _. a •r....riP C!>tll da � [r y � `_".�1: M.r MM�'n I ,,� �,� '"t !qb^ W0'06%irJYtU L-fb ppr N S Y . 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UNITED CITY OF Y REINVEST SCENARIO The reinvest stenano builds on the economic potential of " �• the adjacent white water , tatting facdtry on the Fox , pow - Rmet. City Hall relocates batk to downtown whim is - - - 1- transformed into a mixed use p T r ra dlstnctlullofacDViry. <._ ! ,°'-.+ •'"'�. - - _ : * M .. la>USaert � � •" .rmtyw*�wraaimw..annn. aaM � a • <arrarr,AA yaKMk d.:wo taNYN tl jlntMmtw tlMnrri tteDyaeaq {ur �. ~� li `rr - - , drL,�PalMaaq,In s'IfM lw rtYdetrtM Mu ;. tnac»fe*un arid:. N• .' -. r • - - .� 1. - - r...,cwa -Y r •roY - - �'- . -„ m i l� .,:.. PERSPECTIVE PUBLIC PLAZA y a ac a yYeLL �Jktr.ry t, iF d—o— A, ad. ' P. \ Lt. 1 d d I YC u„tl � .t � �f� � ,tea re a +•n�. � r N' Nn arv! I,Y I /a l C ttP _ r ..�• O r , 1M 'w >Y lnf WVr p.mrW.a naadM is . aid ' _ - t ii AERIAL VIEW OF SITE cN nu dar Ndn �9 ^�, 't _ vi t `IN.W+.r+M, - t w� .Mw•w�1 KS War.HW \., r ;Z :.`IG <ty Ri_ G.a_AAEfr ➢d. LAy A: xN�Ne�strnt - _ r I M . _ L r - 1� J _ _ :4 p � scesaesrrcraarsaeoaa _ _ t. .. � a d ..y • it d I I � - k f at wow "1 ! �,• , _ "'^cMm•,sar.r: - - r. ' •�. '�!al i .. .1.. :� r *' —_ -�` ffitk J - # n..- i I �+ - ,. •- { I Nt - �� - -- SITE SECTION PERSPECTIVE FROM ROOF TERRACES V Gensler �t - - -- t 4 o IJ C N 1.� ' sara`+F >TY.rt+.tvrmrtua•tsrea. _. -._ �]: UClA(.s y fe. r a N wa SITE PLAN (C INNOVATE SCENARIO UNITED CITY OF i This scenarw re- invents the Fox Rlvrr and downtown t. 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N: nc mr+e e....e.. is — �•- �, -•-._ ..- +.. r.ri :•mT., . - .LN1.N1lna,n k ttw+:►ki :{a. ,v. le,; .. ! I Ltaei - - w i •. F .M1•.'.ti'fl{ t( '.Iki1 YJ. } NS hitir � �re..r DV b¢.M4 JIM •.♦ • y - Ir>iUrrkNF. +nik '1..Y,. �rn•.n.t. _ -- - — ' # SITE SECTION rim - •71 - =:m- . t..cr a:.f.+r t ,3 ( _ ' ' - La kL—Wntl le. K Sar &q & W-i` „W, ..y �mr.+r.wna rh•n+:+et n.r t 1 • � $ (. I f �, - M _T e,MPeaf+wn vegev � Fs • U411eed.i 11 r,f. M.' •4f v i a 1 kr� }un4'W:antb rJ.p. .'.r � �+ • f - 1 ': .. r . u Y> -+ ✓'r: eve s '^• �. I I �� F n._t _ayK -.s M to [ nr �._� -r” _ - •_ •1 Y._INx:•ce ".rjn6 v.W i. crr [.,•. f la •F -'leh Y IL 11W sc __ «-.IIep ' 1►' 1 {% 1..4 h n< 1 W T•rvM J ' 1 ;4_ ,. 4 r r?....• [ _ PERSPECTIVE FROM PEDESTRIAN BRIDGE 7 Gensler"` C y�� C joq 1 11lt WVU Ti . t ` ,0 PLAN ' PERSPECTIVE LOOKING WE57Ayewya Pianrung I /IlltLti V