City Council Minutes 2008 10-14-08 1
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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, OCTOBER 14.2008
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Mayor Burd called the meeting to order at 7:04P.M and led the Council in the Pledge of Allegiance.
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ROLL CALL
Clerk Milschewski called the roll.
Ward I Allen Present
Werderich Present
Ward II Gohnski Present
Plocher Present
Ward IlI Munns Present
Sutcliff Present
Ward IV Besco Present
Spears Present
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Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator
McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Public Works Director Dhuse,
Police Chief Martin, Police Lieutenants Hart & Schwartzkopf, Director of Park & Recreation Mogle,
Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies.
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OUORUM
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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 noted that there would not be an Executive Session needed tonight.
COMMITTEE MEETING DATES
Public Works Committee 6:00 p.m., October 21, 2008
City Hall Conference Room
Economic Development Committee 7:00 P.M., November 4, 2008
City Hall Conference Room
Administration Committee 6:00 p.m., November 13, 2008
City Hall Conference Room
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Public Safety Committee 6:00 P.M., October 16, 2008
City Hall Conference Room
PRESENTATIONS
None.
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PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Chris Schramm, 128 -A Bertram Drive, Bristol Bay subdivision, addressed the City Council regarding the
parking ordinance for Bertram Drive. He explained that some of the buildings along the street have no
on -street parking. 138 and 136 Bertram have four visitor spaces and 134 Bertram has eight spaces. He
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asked the City Council to consider allowing parking on the street to accommodate visitors.
Joe Lusk addressed the City Council regarding his request for a variance. He explained that he wants to
square off his lot at 308 Walnut to make his lot more useable and asked them to consider allowing his
variance.
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The Minutes of the Regular Meeting of the Citv Council — October 14. 2008 — ua 2
CONSENT AGENDA
1. Police Reports for August 2008 (PS 2008 -40)
2. Request for TracView Program — approve as presented (PS 2008 -41)
3. Ordinance 2008 -86 - Approving a Special Use Permit Application for Richard Marker
Associates, Inc. at 728 E. Veteran's Parkway authorize Mayor and City Clerk to execute (PC
2008 -18)
4. Loren and Rhonda Miller — 1 1/2 Mile Review for Rezoning (a -1 to M -1) — recommend to the
Kendall County Board as they consider the Loren Miller Map Amendment to rezone a 0.753
parcel (PIN 02- 16- 426 -010), located at 2450C Cannonball Trail, Bristol Township from A -1 to
M -1 to consider the following: 10 require the outdoor storage area existing on the property be
enclosed with a solid wall/fence at least 8' in height per the Kendall County Zoning Ordinance
Section 10.01 a.2; and 2) require the access drive serving the property be' mproved to minimize
the current ruts in the driveway by providing an even grade and surface (PC 2008 -21)
5. Monthly Treasurer's Report for August 2008 (ADM 2008 -89)
6. Resolution 2008 -41- To Release Closed Session Minutes — authorize Mayor and City Clerk to
execute (CC 2008 -69)
7. Agreement between Yorkville - Bristol Sanitary District and the United City of Yorkville (I & H
Investigation) — authorize Mayor and City Clerk to execute (CC 2008 -70)
8. Prairie Meadows Park Change Orders 1 & 2 — authorize Mayor to execute (CC 2008 -71)
9. Whispering Meadows Park Change Order 1— authorize Mayor to execute (CC 2008 -72)
Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman
Werderich; seconded by Alderman Allen.
Motion approved by a roll call vote. Ayes -8 Nays -0
Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye,
Munn -aye, Sutcliff -aye, Allen -aye, Besco -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL
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Ordinance 2008 -87 Approving a Side Yard Fence Variance for Joe Lusk
Property Located at 308 Walnut Street
(ZBA 2008 -04)
Mayor Burd entertained a motion to approve an ordinance approving a side yard variance for Joe Lusk for
the property located at 308 Walnut Street, as presented, and authorize the Mayor and City Clerk to
execute. So moved by Alderman Allen; seconded by Alderman Besco.
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Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye,
Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye
MINUTES FOR APPROVAL
A motion was made by Alderman Munns to approve the minutes of the City Council meetings of August
26, 2008 and September 9, 2008; the minutes of Special City Council meetings of September 9, 2008 and
September 15, 2008 and the minutes of Special City Council /Joint Meeting with Oswego of September
23, 2008: seconded by Alderman Werderich.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board
Report dated October 9, 2008 totaling the following amounts: checks in the amount of $3,557,880.13
(vendors); $271,411.03 (payroll period ending9 /27/08); for a total of $3,829,291.16; seconded by
Alderman Werderich.
Alderman Spears questioned a bill on page 39 for Napa Auto Parts in the amount of $72.86. She asked if
the Water Department repaired the brakes themselves and Director Dhuse stated that they did.
Alderman Allen questioned the note form the Director Mika regarding pulling a check. He asked if the
new totals reflected this change and Director Mika stated that they did.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye,
Werderich -aye, Besco -aye, Golinki -aye, Allen -aye
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The Minutes of the Regular Meeting of the Citv Council — October 14, 2008 — ua 3
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REPORTS
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MAYOR'S REPORT
Ordinance 2008 -88 To Set a Date for, and to Approve a Public Notice, of a Public Hearing for the
Countryside Center Business District Development Project Area
(CC 2008 -73)
Mayor Burd entertained a motion to approve an ordinance to set a date for, and to approve a Public Notice
of a Public Hearing for the Countryside Center Business District Development Project Area, as
presented, and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded
by Alderman Allen.
Attorney Orr explained that this is part of the Redevelopment Agreement that the Council previously
approved. The City Council agreed to create a business district in order to collect business district tax.
To accomplish this, there needs to be two public hearings and a plan for the business district on file which
Administrator McLaughlin has. The public hearing will be at the next two City Council meetings with a
vote at the following meeting. For the record, Mayor Burd noted that the dates for the public hearings
were October 28, 2008 and November 10, 2008.
Motion approved by a roll call vote. Ayes -8 Nays -0
Plocher -aye, Werderich -aye, Allen -aye, Besco -aye,
Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye
Proclamation for Arts & Humanities Month
(CC 2008 -74)
Mayor Burd read the proclamation for Arts & Humanities Month (see attached).
Green Town Conference Date
(CC 2008 -75)
Mayor Burd reported that she attended the Green Town Conference on October 2, 2008. Speakers at the
event were Terry T former Secretary of the California EPA; Dean Kubam from Santa Monica.
and Bob Dixon, Mayor of Greensburg Kansas. Items covered were the sustaining society by using the
environment wisely, recycling, development task forces and building green communities.
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Outstanding Financial Obligations
(CC 2008 -76)
Mayor Burd reported that not long after Attorney Orr joined the city staff she encountered encumbrances
that the staff and the mayor were not aware of Staff has researched annexation agreements, etc. to
determine the financial obligations of the city. Administrator McLaughlin prepared a memorandum dated
October 10, 2008 (see attached) outlining the city's outstanding financial obligations which he went over:
Litigation
L Landfill Litigation — legal fees to date approximately $225,000.00. A dministra tor McLaughlin
indicated that this is now estimated to be $315,000.00. Alderman Werderich asked if this is for
the entire legal fee or just the appeal and if the city could recoup the expense. Mayor Burd
indicated that the $315,000.00 was the entire cost of which $154,000.00 should be paid by Mr.
Hammon. There is a hearing in December regarding Mr. Hammon's fees. In response to
questions from Aldermen Golinski and Allen, Attorney Orr explained that Mr. Hammon has not
paid $154,000.00 owed to the city from the landfill process. The remainder is for legal fees
incurred pursuing payment and will be paid for by the citizen's of Yorkville. Alderman Allen
noted that the City Council has expended a dramatic amount of money to protect the city and it
won't get the money back. Mayor Burd clarified that this was correct.
2. Aspen Ridge Litigation — damages sought exceed $24 million., Alderman Spears asked if this
amount included legal fees and Attorney Orr indicated that legal fees are ongoing.
3. LayCom Litigation — damages being sought in excess of $12 million.
Utility Recaptures or Improvements
4. MPI Water Improvements Reimbursement — estimated payment is $1.2 million. Administrator
McLaughlin explained that the city committed to turn over tap on fees for the Grande Reserve
Development. The city does not have a fund holding these funds; there is no reserve and no
tracking for the fees. He felt that the collected fees may have been used to fund other things. He
has asked Director Mika to track the fees in order to have funds in place when the developer
requests them. Alderman Werderich asked if any money was fimneled into the budget to cover
this and Administrator McLaughlin stated there was not.
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The Minutes of the Regnl4r Meeting of the Citv Council — October 14, 2008 — Dau 44
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5. Fox Hill Utility Recaptures — obligation is estimated at $1,141,000.00. Administrator
McLaughlin explained that in 1993 the city agreed to a recapture agreement if the developer
oversized the water and sewer lines. The agreement states that if no one taps into the oversized
lines the city agreed to pay the developer. No one has tapped into the lines and the amount owed
the developer has been compounding interest since 1995. The estimate owed the developer is $1.1
million. Due to other improvements such as the Rob Roy Interceptor, there is no benefit for the
Rob Roy Falls development to connect to these lines. The city may be totally responsible for the
recapture. Alderman Plocher asked if any funds had been set aside to pay this and Administrator
McLaughlin stated that they had not and that there are negotiations to recover the money with
future sales tax revenues. Negotiations with the developer of Fox Hill to adjust the amount are
now out the table.
6. Bristol Bay Stormwater Basin — estimated to cost $4 million to be built as development occurs.
Mayor Burd asked if this was part of the Raymond Outfall and Director Miller explained that the
stormwater basin is in addition to the outfall. He explained that Raging Waves excavated the area
at no cost because they needed fill. The basin is to be built as needed by developers. If the city
chooses to finish it would cast approximately $4 million. Alderman Plocher asked if the $4
million would be a wash if the area builds out as designed. Director Miller stated that it would be
however the city needs to monitor and track development in the area to insure developers
contribute to the basin. If this occurs most of the outstanding liability should be covered.
7. Inland Sanitary Sewer — the city committed to install a sanitary sewer interceptor at an estimated
cost of $1.4 million to serve the Route 47 — Baseline Road area. It was counting on the property
south of the Inland property to develop and fund the project however there is currently no action
on it. Alderman Werderich asked if the city had any leverage against the Marquette property and
Administrator McLaughlin stated that the city was in good position to compel them to develop.
8. Centex Loan — Centex loaned the city $105,000.00 to design wetlands for the Raymond Regional
Detention Area. The loan, including prime rate interest plus 2 %, is due for repayment in 2010.
9. Wmdett Ridge Sanitary Sewer Reimbursement — the city is expected to pay $170,000.00 for
oversizing the sanitary sewer.
10. Raintree Village Sanitary Sewer Reimbursement - the city is expected to pay $318,433.00 for
oversizing the sanitary sewer. Administrator McLaughlin stated that there was a commitment in
both the Windett Ridge and Raintree Villages PUD agreements that the city will pay for the
oversizing of the sanitary sewer. He noted that the city has already paid Raintree some funds
earlier this year. Alderman Allen asked if the same entity the city was paying was responsible for
the maintenance on the unimproved lots in the development and if so could the city bill for
maintenance. Administrator McLaughlin explained that if code enforcement is needed for
property maintenance the city could hire an outside firm however the city has been mowing.
Alderman Allen noted that residents in the subdivision are mad about the lack of maintenance.
Attorney Orr noted that the adjudication process has been established to address issues such as
this. Administrator McLaughlin stated that the maintenance of empty lots has been discussed at
the Public Works Committee and that the developer Wiseman Hughes has been contacted
concerning the problem.
11. Autumn Creek Sanitary Sewer Recapture — the city committed to waive 190 connection fees at
$2,000.00 each as part of a recapture agreement.
Road Construction
12. Fox Hill Permanent Signal — the city committed to IDOT to have a signal, estimated cost
$250,000.00, installed by 2010.
13. Kennedy and Mill Road Improvements — the city will receive $1.1 million for road improvements
which have an actual cost of $1.8 million.
14. Game Farm Road/Somonauk Improvements — city portion of project is $3.3 million.
Administrator McLaughlin stated that resources are earmarked in any budget. Alderman Besco
asked if funds from the Kane County Council of Mayors were going to be used. A dministra tor
McLaughlin stated that they were however the city will still be responsible for $3.3 million
15. Route 47 Improvements — the local share obligation is in excess of $1.7 million.
16. Eldamain Road Improvements — the city is obligated to spend, $1 million before Plano is expected
to cost share.
17. Fox Road — the city's share of the project is projected at $140,000.00_
Other
18. Club 47 Lease — the monthly lease is expected to be covered by revenues however the total lease
obligation is $1,086,000.00 over five years.
19. 2007 Clark Property Installment Purchase — the cost is $300,000.00 over three years.
20. DPW Land & Building Purchase - $1.25 million. Note is held by the former owner and will
amortize over 20 years.
21. Hoover — the city may be responsible for various infrastructure improvements
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The Minutes of the Regular Meeting of the Citv Council — October 14, 2008 — uage f
Sales Tag Rebate Obligations — Administrator McLaughlin noted that terms have been written into each
economic incentive agreement. He stated that Director Miller is working on a new economic incentive
policy. Alderman Plocher asked if anything obligates the city to offer incentives and Attorney Orr stated
there was nothing. (See attached memo for list of specific agreements).
Litigation Covered by IML Insurance (See attached memo for list of specific litigation).
Alderman Spears stated that she has voiced her concerns with the Rob Roy Falls and Cobblestone
incentive agreements. She felt that the incentives should stop. She also raised concerns with how the city
has been spending money. She asked if staff was aware of the money owed before the city acquired
property. Administrator McLaughlin stated that it did however he wasn't aware that funds had not been
put aside.
Mayor Burd explained that she has asked staff to cut the budget and it has been cut over $1 million. She
also stated that she has told the Parks and Recreation Department that Club 47 has to be self - sustaining or
they cut their budget. As to the Public Works building, the funds are available and cannot be used to
cover other liabilities. She stated that she would still have purchased the Clark Property because the cost
was $300,000.00 over three years and was a good deal for the city. She stated that the city needs to find
other ways to find funding because it cannot depend on permits and growth to pay its way.
Alderman Spears stated that the acquisition of other properties has been discussed in Executive Session
however she felt that the city should stop spending money for open space. She stated that she had a great
concern with relying on developer's fees. She felt that the city can't keep this up. Alderman Spears also
expressed her appreciation to Administrator McLaughlin for his research.
Alderman Allen stated that he supported the spirit to cut the budget. He also stated that decisions were f
group decisions by the City Council in the past and they should not be beat up for it. He felt that funds
should be spent to defend the city in litigation matters and that the Administration Committee needs to
look at the six month budget.
Alderman Sutcliff stated that the information in Administrator McLaughlin's memo was sobering. She
felt it was good to know where the city is and that the mayor and staff did a good job cutting the budget.
She stated that the city should look for alternative revenue streams so that the quality of life isn't changed.
Alderman Werderich thanked Administrator McLaughlin for the information and stated that this will
allow the Council to be aware of finances in the future. Alderman Werderich stated that the litigation is
allegations, not judgment and the city should fight against it.
Mayor Burd cautioned the City Council when developers of commercial property approach them because
sales tax is a revenue stream. She stated that the Rob Roy Falls development is owned and being
developed by a Yorkville family and the City Council shouldn't take it out on them. She commented that
there is no way to budget against the calamity of litigation and she hoped that the city would be successful
with the litigation.
Alderman Besco questioned the status of the Ocean- Atlantic litigation and Attorney Orr stated that the
city has a judgment and is leining the property so progress has been made. She further noted that in the
Aspen Ridge case, the plaintiff is amending their motion.
Response to Forest Preserve District Letter Regarding Hoover
(CC 2008 -77)
Mayor Burd distributed and read a letter dated October 14, 2008 from the President of the Kendall County
Forest Preserve District, Kay Hatcher (see attached) in which the District proposed to return to the City
any and all payments they made toward Hoover. Mayor Burd asked the City Council if they felt the city
should pursue termination of the agreement.
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Alderman Spears asked if the city could ask for a dollar amount plus about 40 acres. Mayor Burd stated
that this was possible. Alderman Spears asked who would maintain the property after the termination and
Mayor Burd stated that the Forest Preserve District would be responsible.
Alderman Besco asked if the County Board was cognizant that without the former mayor, former city
staff members, CorLands, etc. the property would have been White Tail Ridge. He stated that he
supported the city's role in Hoover however he felt it may be good to severe relationship with the Forest
Preserve District. He stated that residents will still benefit. He asked if there were any CorLands
penalties and the mayor stated that CorLands has been paid and any other fees will be the Forest Preserve
District obligation, j
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The Minutes of the ReL-ular Meetine of the Citv Council — October 14. 2008 — Mee 6
Mayor Burd reiterated that Yorkville originated the acquisition of the property and city staff solicited $5
million in grant dollars from Speaker of the House Hastert. The grant money needed to go to the Forest
Preserve District so the city partnered with them. In exchange for the city's efforts, Yorkville was to get a
prime location on the property.
Alderman Werderich stated that he felt the dollar figure seemed fair and that he would like the city to
receive the funds. He expressed concern with the city having a lease agreement with the Forest Preserve
District for open space and agreed with Alderman Spears that the city should ask for funds plus acreage.
He felt 40 acres seemed fair.
Director Mogle indicated that the Park Board shared the opinion that the city should receive funds plus
land in exchange for dissolving the Intergovernmental Agreement. The Park Board supports discussions
regarding this.
Alderman Golinski stated that he did not see anything in writing regarding land. Mayor Burd indicated
that this information was in the Forest Preserve District's minutes.
Alderman Spears stated that the City Council received a spreadsheet showing expenses paid to CorLands.
She asked if city staffs time has been accounted for and she asked Director Mogle if he could compile
this information. Mayor Burd stated that there was not as much staff time as one might figure. Alderman
Spears questioned if the city had the funds to build new baseball fields and Director Mogle responded that
if the city received funds plus land the funds could be used toward fields as the City Council wishes.
There was also discussion about leasing the property for twenty years and the planned use for it. It was
discussed to take the funds and use it toward property at another location where lighted fields could be
developed. Also it was discussed that Land Cash funds expended had to be returned to the Land Cash
fund dollar for dollar. Administrator McLaughlin noted that Director Mika has created a Land Cash Fund
report with and without Hoover which she is in the process of tweaking.
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The City Council also discussed the city having a preference for the location of the ball fields, the right to
control any property leased and no cost easements.
Mayor Burd stated she would contact the Forest Preserve District about dissolving the agreement and then
report back to the City Council.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
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CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Powell reviewed the city's investment policy. The priorities of the policy are preservation of
capital, liquidity and yield. No investments are made that would put the city funds at risk. Approved
investments are checking, savings accounts, money market accounts, certificates of deposits and Illinois
money market accounts. Any other type of investment requires City Council approval. In general, city
funds are held at local banks to provide funds for liquidity. He noted that FDIC insurance has recently
been increased from $100,000.00 to $250,000.00. The investment policy requires that the financial
institutions provide collateral above that amount which is held by a third party. In a monthly report of
collateral is submitted by each financial institution. He stated that he and Director Mika recently met with
the banks and reviewed the collateral report and he was assured that sufficient collateralization has been
provided. The reports are also reviewed annually by the city's auditors and adjusted if necessary.
Alderman Plocher clarified that recent events in the stock market have not affected city funds. Treasurer
Powell stated that no city money is invested in the stock markets.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — October 14. 2W8 — uage 7
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The Minutes of the Regular Meeting of the Citv Council — October 14, 2008 — uaEe 7,
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the city closed on the new Public Works building and they will be meeting
with the former owner.
CHIEF OF POLICE'S REPORT
Halloween Hours
Chief Martin reported that the business trick or treat would be October 25, 2008 from 11:00 a.m. to 2:00
p.m. and Halloween trick or treat hours will be 4:00 to 7:00 p.m.
BASSET Training
Chief Martin reported that the next Beverage Alcohol Sellers and Servers Education and Training
(BASSET) class was scheduled for October 20, 2008 at the Best Western Timber Creek Inn in Sandwich
starting at 10:00 a.m.
Senior Police Academy
Chief Martin reported that the next Senior Police Academy was being held on October 29, 2008 at the
Historic Kendall County Courthouse from 8 :00 a.m. to 3:00 p.m. The event is being hosted by the Police
Department along with the Kendall County Triad and the Oswego Police Department.
Super Seniors
Chief Martin reported that the Police Department has partnered with the Secretary of State for the Super
Seniors Program that will be held on November 13, 2008 from 10:00 a.m. t o 2 :00 p.m. at the Beecher
Center. The event is designed to help local seniors meet their driving qualifications.
Cells for Seniors
Chief Martin reported that the Kendall County Triad has collected 35 cell phones for use by senior
citizens
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DIRECTOR OF PARKS & RECREATION'S REPORT
Director Mogle reported that a Playful City Celebration was held on Columbus Day and about 100
children and adults were in attendance. Hot dogs were served at the Riemenschneider Park and the
Riemenschneider family attended. He stated that it was an outstanding event.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Wetland Meeting
Director Miller reported that the Conservation Foundation would be hosting a meeting for Homeowner's
Associations tomorrow at 7:00 p.m. at the library. The discussion will be about wetland basins.
Comprehensive Plan
Director Miller reported that a public hearing for the Comprehensive Plan was scheduled for October 28,
2008 City Council meeting at 7:00 p.m. The draft plan is available online for viewing by the public and
has been distributed to the City Council. He asked the Council to contact him with any questions or
concerns.
COMMUNITY RELATIONS OFFICER'S REPORT
Green Committee Events
Mrs. Spies reported that the Green Committee would be holding its first recycling event on November 1,
2008 at the Kendall County Fair Grounds from 9 :00 a.m. to 2:00 p.m. The event is being held in order to
help the public recycle computers, CDs, other electronic equipment, clothing, etc. There will also be a
hazardous waste disposal event on October 25, 2008 from 8:00 a.m. to 3:00 p.m. at the Kendall County
Highway Department.
COMMUNITY & LIAISON REPORT
Legislative Report �
Alderman Spears presented a report on several legislative actions:
• HR/3221 /s 2636 — Foreclosure Prevention Act - Two provisions of this bill affect seniors as it
allows taxpayers who do not itemize their income tax deductions to deduct up to $500.00
($1,000.00 per couple) in property taxes on their home while still taking the standard deduction.
This is helpful to seniors who do not itemize because they usually pay little deductible interest
since their homes are paid for.
o A new housing law will make changes to reverse mortgages by limiting origination fees,
increasing the maximum size of the reverse mortgage and forbidding the lender to require lenders
to purchase annuities or long term insurance.
• A bill to increase the volunteer travel deduction to 70% of the business rate has recently been
introduced and does not have a number yet. This tax deduction rate has not been changed since
1998 and with recent gas process the small deduction makes it difficult for many charities and
volunteer groups to recruit participants. The current deduction is 14 cents /mile for volunteers and
58.5 cents for business related travel. Some are of the opinion that the volunteer rate should
equal the business raze, not just 70% of it. Alderman Spears encouraged everyone to contact their
legislative bodies in support of increasing the volunteer rate to equal the business rate.
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Plan Commission
Alderman Allen reported that he attended the Plan Commission meeting where a number of issues were
discussed. The Plan Commission requested that the City Council discuss their decision on the gas station
in front of the Plan Commission. He explained that the Council makes decisions independently with
information provided by the Commission.
Library Board
Alderman Allen reported that he attended the October 13, 2008 Library Board meeting where they
discussed forming a Library District however some members of the Board found out about this topic by
reading it in the newspaper. They also discussed an independent revue of their financial records.
Director Mika added that the Library Board Treasurer requested the revue because she is putting together
their budget. They want to hire an auditor who will work with Director Mika however the city monitors
their finances. Mayor Burd felt this would be a duplication of work and a waste of money.
Adopt a Highway
Alderman Allen reported that the city participated in the Adopt a Highway program and the mayor and
other volunteers did a good job picking up trash.
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COMMITTEE REPORTS
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PUBLIC WORKS COMMITTEE REPORT
In -Town Road Program (Phase 2) — Parkway Landscaping
(PW 2008 -119)
A motion was made by Alderman Besco to approve payment of 4 Seasons Landscaping Invoice #2624 in
the amount of $24,062.67; second by Alderman Munns.
Alderman Besco stated that this item was brought back to the City Council after Alderman Werderich
questioned the invoice.
Alderman Werderich stated that he questioned the city being charged $80.00/hour for landscaping labor.
He felt that it would have been cheaper having four department heads doing the work.
Administrator McLaughlin explained how the Prevailing Wage Act applies to this and that the city is
obligated to pay. He stated that any public project falls under the act. Attorney Orr confirmed that the
Act applies to any government project.
City Engineer Wywrot explained that when the city bids out a project, the prevailing wages are included
in the bids along with material costs. He stated that this project was labor intensive because they went
project to project landscaping.
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Alderman Werderich felt the city should be more careful with checking cost before hiring or should have
an estimate before the work is preformed. Administrator McLaughlin stated that the city did know the
raze but did not know the total hours needed to do the job. He noted that the staff had no complaint with
the time incurred. Alderman Werderich suggested looking into having these types of projects done in-
house in the future. Mayor Burd questioned if the city had the staff to do the work. Administrator
McLaughlin questioned the legal line that might be drawn by using city staff.
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Alderman Sutchff agreed that if the city staff is able to do the work they should. She noted that the
company used is local and she hoped they were spending the dollars in Yorkville. Alderman Allen noted
that the company is local but the employees may live elsewhere.
Alderman Besco asked how the city can be assured the employees of contractors are getting paid the
prevailing wage. Attorney Orr stated that the law is enforced by the Illinois Department of Labor and
there are complaint forms on their website. A municipality has no right to enforce the payment of
prevailing wages even though the work is done for them.
Motion approved by a roll call vote. Ayes -8 Nays -0
Werderich -aye, Golinski -aye, Besco -aye, Allen -aye,
Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
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The Minutes of the Regular Meetine of the Citv Council — October 14, 2008 — na eg_9
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PUBLIC SAFETY COMMITTEE REPORT
Ordinance 2008 -89 Amending City Code Title 6 — Traffic, Chapter 2 Regarding
Parking Restrictions
A motion was made by Alderman Spears to approve an ordinance amending City Code Title 6 — Traffic,
Chapter 2 regarding parking restrictions, as presented, and authorize Mayor and City Clerk to execute;
seconded by Alderman Munns.
Mayor Burd asked if Bertram was removed from the restricted streets. Administrator McLaughlin stated
that parking is being allowed on Bertram Drive. He stated that the road has been paved and striped by the
developer indicating no parking. There will be a cost to the city to re -stripe the street. Chief Martin
indicated that the road is a dead end and may not need re- striping at this time. In the future when the road
is opened up, the striping can be changed.
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Motion approved by a roll call vote. Ayes -8 Nays -0
Gohnski -aye, Besco -aye, Allen -aye, Sutcliff -aye,
Munns -aye, Spears -aye, Plocher -aye, Werderich -aye
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Maintenance of Foreclosed Properties
Alderman Spears noted that there was recent article in the Tribune newspaper on Yorkville. She
questioned if the city had an ordinance which addresses the maintenance of foreclosed properties.
Attorney Orr stated that the upkeep on foreclosed properties is no different from that of any other
property in the city, the owner is still responsible. Alderman Spears stared that she has researched this
and in California there are ordinances which hold the lenders liable for upkeep and assessed fines. Also,
Boston has an ordinance which requires foreclosed properties to be registered with the city. Attorney Orr
stated that under Illinois law there is no ability to enforce this type of law. Mayor Burd suggested that j
this subject be put on a Public Works Committee agenda so a policy can be developed. She asked the
committee to report back to the City Council.
Ward I Meeting
Alderman Allen reported that there will be a Ward I meeting on October 23, 2008 at 6:30 a.m. at the
Southern Belle restaurants. Coffee will be provided.
Kendallwood Estates
Alderman Gohnski questioned if Van Emmon Road was going to be paved by Kendallwood Estates. Mr.
Wywrot explained that the City Clerk is prepared to call the letter of credit if the road is not paved by the
end of the week. The repair should be made by November.
EXECUTIVE SESSION
None.
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ADJOURNMENT
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Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman
Werderich.
Motion unanim ously approved by a viva voce vote.
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Meeting adjourned at 9:25 P.M.
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Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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REGULAR CITY COUNCIL MEETING
OCTOBER 14, 2008
PLEASE PRINT
NAME: ADDRESS:
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UNITED CITY OF YORKVILLE
I►hh' I Y wc & unafion
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f'' ►'� Illinois Arts & Humanities Month •_ .
� Whereas, the arts and humanities are the embodiment of all things beautiful and
11; entertaining in the world — the enduring record of human achievement; and�;��11.
11 Whereas, the arts and humanities enhance every y aspect of life in the United City "—,
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4111 •'; of Yorkville — improving our economy, enriching our civic life, driving tourism, and • .I;;' ' I
►►�•�. exerting a profound positive influence on the education of our children; and
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Whereas, arts education research shows that the arts help to foster discipline, ;._!.'i�
11'1 ►,r��, creativity, imagination, self - expression, and problem solving skills while also helping to %, /'1�1
1 develop a heightened appreciation of beauty and cross - cultural understanding; and '�
Whereas, we use the humanities — history, literature, philosophy — to explore
1�1 what it means to be human; and �i�
�fll'1'i� Whereas, the arts and humanities play a unique and intrinsically valuable role in
111 NI �
X 11 ► 1,0!:�� the lives of our families, our communities, and our state; and ��
i l�' 1 ►1 1 1 / � Whereas, the month of October has been recognized as National Arts and
11 ► Humanities Month by thousands of arts and cultural organizations, communities, and �;'�
�►� ►.: -• states across the country, as well as by the White House and Congress for more than • =��'1
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two decades: '''— .�/�1
�► NOW THEREFORE I Valerie Burd Mayor of the United City of Yorkville
do hereby proclaim October 2008 as UNITED CITY OF YORKVILLE ARTS &
11 ► HUMANITIES MONTH and call upon our citizens to celebrate and promote the arts
►►:;� and humanities in our city and to specifically encourage the greater participation by
11 those said citizens in taking action for the arts and humanities.
,.
'1� a Dated this 14 day of October, 2008, A.D.
1►I
��►� �;;� Valerie Burd, Mayor ,0 l
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Memorandum
To: Mayor Burd & City Attorney Orr
EST 1 1836 From: Brendan McLaughlin, City Administrator
-� Date: October 10, 2008
Subject: Outstanding Financial Obligations
<CE Y �b�
As a follow up to our meeting of August 26 I have prepared a listing of the known, significant financial
obligations of the United City of Yorkville.
LITIGATION
1. Landfill Litigation — The IPCB is expected to hold hearings this fall and render a decision in the
first quarter of 2009. At that time the city's legal costs should reduce dramatically. To date the
legal fees associated with the landfill have been approximately $225,000.
2. Aspen Ridge Litigation — In multiple claims against the City, the owner of the Aspen Ridge
property is claiming breach of contract and fraud against the city. The insurance carrier has
denied coverage for this claim. Damages sought exceed $24 million and there is no estimate on
defense costs at this time. This is a demand that the city also pay John Wyeth's attorney fees as
he claims that he was an employee of the city and entitled to a defense pursuant to state law.
Illinois law mandates municipalities defend an employee against any claim so long as the
employee was acting in the scope of his or her employment.
3. LayCom Litigation — Yorkville and Centex are being sued for breach of contract. Damages sought
are over $12 Million.
UTILITY RECAPTURES OR IMPROVEMENTS
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4. MPI Water Improvements Reimbursement — The city committed in the 2003 Annexation
Agreement to enter into a reimbursement agreement with MPI (Grande Reserve Developer) for
the regional water improvements they installed. The city is expected to turn over all water fees
generated north of the river and east of 47, within a specific water pressure zone, to MPI. To
date, the City has not reserved any of the funds collected and has been funding capital
improvements and operations within the water fund with these monies. The estimated payment
to MPI is $1.2 million.
s. Fox Hill Utility Recaptures — The text in the 1993 Annexation Agreement and 2003 Recapture
Agreement can be interpreted that the City would have to pay if future development within the
defined benefitted area does not tap into the oversized water and sewer lines installed as part of
the Fox Hill subdivision. Estimates related to Rob Roy Falls development put the price tag for this
obligation at $1,141,000, for which the city may be totally responsible.
6. Bristol Bay Stormwater Basin — In the 2005 Annexation Agreement, the city has obligated itself to
build the stormwater basin to serve developments in the northern portion of the city. It is
estimated to cost $4,000,000 and be built as development occurs.
7. Inland Sanitary Sewer —The city committed in the 2004 Annexation Agreement to have a sanitary
sewer interceptor installed to serve 47 and Baseline Road. The city had planned on an approved
development south of the Inland property to develop and fund the installation of the pipe, but
that development has not progressed. The project is estimated at $1.4 million for which the city
may be responsible.
8. Centex Loan — Centex lent the city $105,000 to design the wetlands within the Raymond Regional
Detention Area. Repayment is due in 2010 and includes prime rate interest plus two percent per
the 2005 Annexation Agreement.
9. Windett Ridge Sanitary Sewer Reimbursement — The city is expected to pay the developer of
Windett Ridge $170,000 for sanitary sewer oversizing per the 2005 PUD Amendment.
10. Raintree Village Sanitary Sewer Reimbursement — The city is expected to pay the developer of
Raintree Village $318,433 for sanitary sewer oversizing per the 2002 Annexation Agreement
Amendment. The revenues to pay down this obligation are the $108 per year sanitary sewer
charge placed on each customer within Raintree Village.
11. Autumn Creek Sanitary Sewer Recapture — The City has committed in the 2005 Annexation
Agreement to waive 190 sewer connection fees ($2,000 each) for the next 190 building permits
applied for in the Autumn Creek subdivision as part of the Autumn Creek Sanitary Sewer
Recapture /Recovery Agreement.
ROAD CONSTRUCTION
12. Fox Hill Permanent Signal — In 2007, the city committed to IDOT to have the signal installed in
2010. Cost estimate is $250,000. If Rob Roy Falls does not annex and develop, the city shall be
responsible to pay for this signal.
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13. Kennedy & Mill Road Improvements — Under the 2004 Grande Reserve Annexation Agreement,
the city will receive $1.1 million dollars to improve Kennedy Road from developers. The actual
price tag to improve the road is closer to $1.8 million. Construction timing is based on permit
issuance and is currently forecasted for Fiscal Year 2010/11 to coincide with the opening of
Autumn Creek Elementary.
14. Game Farm Road /Somonauk Improvements — First applied for in 1999, this federally aided road
project is slated for Fiscal Year 2009/10. The city portion of the $5.6 million project is $3.3
million. IVIFT dollars are expected to pay for this project.
15. Route 47 Improvements — This state project with matching federal funds is expected to have a
local share obligation in excess of $1.7 million for utility relocation, sidewalk installation and
traffic signal modifications.
16. Eldamain Road Improvements — Based upon the 1999 Boundary Agreement, the city is obligated
to spend the next $1 million dollars before Plano is expected to cost share on a 50/50 basis as
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development occurs. It is expected that development on the Yorkville side would have to fund
these improvements.
17. Fox Road — The city is expected to receive a LAPP grant in 2008 to fund improvements to Fox
Road. The city's share is projected at $140,000 and the federal aid amount is $430,000 for a total
project cost of $570,000.
OTHER
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18. Club 47 Lease — The monthly lease payments are expected to be covered by monthly revenues
generated from memberships and parks programs. The total lease obligation to the City is
$1,086,000 over 5 years per the 2008 Lease /Purchase Agreement.
19. 2007 Clark Property Installment Purchase - $300,000 over three years.
20. 2008 DPW Land & Building Purchase - $1.25 million
21. Hoover — Various infrastructure improvements were contemplated in the original agreements. It
is anticipated that a new agreement will be developed relieving the city of any infrastructure
obligations. Rough projections for water, sewer and park improvements exceed three million
dollars.
SALES TAX REBATE OBLIGATIONS
The City has had a practice of rebating half of the sales tax generated from new commercial
developments back to the developer of the site for public improvement costs identified in each
incentive agreement. These commitments are memorialized in either annexation agreements or
incentive agreements. Below is a list of developments that the City economic nce g p y has entered into these
agreements by year along with key points from detailing the city's obligations.
2000
22. Menard's — 50% Sales Tax Rebate for Roads "A" through "C" for 10 years "from the date of
acquisition of the 'subject property' by owner ". Certain other improvements are to be paid back
in full over the term of the agreement. (Agreement date July 13, 2000 term 20 years under Ordinance 2000 -32 and amended on October 11, 2001)
23. Yorkville Crossings — 50% Sales Tax Rebate. Certain improvements are to be repaid in full with
4.2% interest with a maximum repayment period of 15 years, but not commencing until
Menard's Incentive Agreement has been completed or expired. (amended a dated March 11, 2008 under Ordinance
2008 -21; original annexation agreement dated July 13, 2000 under Ordinance 2000 -34)
24. Prairie Gardens — 50% Sales Tax Rebate - Certain improvements are to be repaid in full, with a
maximum term of 12 years from the execution of this agreement. (agreement dated July 27,2000, ordinance 2000 -36)
25. Herren Property (Ratos, Asparagus Crate) — 50% Sales Tax Rebate. Certain improvements are to
be repaid in full with 5% simple interest per annum with a maximum term of 20 years. (NEC of 47 &
Cornelis, agreement dated July 25, 2006, original annexation agreement dated September 28, 2000 under Ordinance 2000 -50)
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2001
26. Yorkville Marketplace Part 1 —50% Sales Tax Rebate for certain improvements to be repaid in full
with 5% simple interest per annum with a maximum term of 18 years from the one year
anniversary of the date of passage and execution of this agreement. (Agreements on March 1, 2001 term 20 years under
Ordinance 2001 -7a and Ordinance 2001 -7b (forlewel and property north and east of it);
27. Yorkville Marketplace Part II — 50% Sales Tax Rebate for certain improvements to be repaid in full
with 5% simple interest per annum with a maximum term of 18 years from the one year from
March 30, 2001. (Agreement on May 24, 2001 under Ordinance 2001 -29 and 2001 -30 (for strip center west of Jewel)
28. Yorkville Marketplace Part III — 50% Sales Tax Rebate for certain improvements to be repaid in
full with 5% simple interest per annum with a maximum term of 18 years from the one year from
April 1, 2002. (Agreement on May 24, 2001 under Ordinance 2001 -29) "Additional Reimbursable improvements" up to
$515,000 for the traffic signal at Route 34 and Marketplace Drive are entitled to be recovered
until March 31, 2025. (Agreement on February 27, 2007 under Ordinance 2007 -19)
2002
29. Cannonball Trail Development (Ratos Property) — 50% Sales Tax Rebate for certain improvements
are to be repaid in full (no timeframe) plus 5% simple interest per annum. (Agreement dated June 11, 2002 under
Ordinance 2002 -15)
2003
2004
2005
30. Lincoln Prairie — 50% Sales Tax Rebate for certain improvements are to be paid back in full. (Agreement
date May 24, 2005 under Ordinance 2005 -48)
31. FE Wheaton — 50% Sales Tax Rebate for certain improvements are to be repaid in full with 5%
simple interest per annum with a maximum term of 10 years from the date of passage and
execution of this agreement (March 1, 2005). Economic Incentive agreement commences March 1, 2005, original commitment under Ordinance 1995 -05 dated March
8, 1995.
2006
32. O'Keefe (Raging Waves) — 55% Amusement Tax Rebate which is 5% plus 50% sales tax rebate for
Route 47 improvements including right of way with six percent interest. Certain improvements
are to be repaid in full with a maximum of 20 years (explicit). Ordinance 2006 -101 the exact text related to ROW is as
follows: "The period of computation of the sales tax rebate agreement will begin separately for DEVELOPER, and OWNER when OWNER undertakes development of
Lot 1. The period of computation shall begin for DEVELOPER, and OWNER upon occupancy of the first unit of commercial retail development within each respective
Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until the OWNER and DEVELOPER have been rebated one hundred percent
(100 %) of their Route 47 land dedication, as well as one - hundred percent (100 %) of any required Route 47 improvements and /or signalization including but not limited
to design, engineering, as well as six percent (6 %) interest whichever occurs first." (Amended agreement dated June 10, 2008 under Ordinance 2008 -50)
33. Kendall Marketplace — 50% Sales Tax Rebate and 0.5% Business District Tax Rebate to pay bonds.
Business District has a term of 23 years (development agreement approved August 22, 2006 under Ordinance 2006 -88; business district tax created,
December 12, 2006 under Ord 2006 -147; Business District Tax Bond Ordinance approved December 12, 2006 under Ordinance 2006 -148; Sales Tax Bond Ordinance approved January 23, 2007
under Ordinance 2007 -09;)
2007
34. Kappos Property — 50% Sales Tax Rebate for certain improvements are to be repaid in full with
3% simple interest per annum with a maximum term of 20 years. (a dated )an 23,2007 (SW corner of Route 47 and
Cornelis Road) under Ordinance 2007 -08)
! 35. Fountain View — 50% Sales Tax Rebate for certain improvements are to be repaid in full with 3%
simple interest per annum with a maximum term of 20 years. (agreement dated April 24,2007 under Ordinance 2007 -36)
36. Yorkville South (MPI) — 50% Sales Tax Rebate for certain improvements are to be repaid in full
with 6% simple interest per annum with a maximum term of 20 years, but not commencing until
the first occupancy in the commercial unit is Issued. (agreement dated February 27,2007 under Ordinance 2007 -24)
2008
37. Countryside Center - 50% Sales Tax Rebate to cover TIF bonds (23 years) and Alternate Revenue
Bonds (23 years) in that order. In addition, business district will be formed for an additional 1%
sales tax that will be used to pay off the TIF and alternate revenue bonds. Business district has
not been formed yet, and (new) bonds have not been sold. (Agreement date August 12, 2008 under Ordinance 2008 -73; original
Redevelopment Agreement dated March 8, 2005 under Ordinance 2005 -21)
38. Yorkville Town Center — Not more than a 50% of Sales Tax Rebate with maximum of $1,600,000
with no interest assessed and paid over 12 years pursuant to a separate Economic Incentive
Agreement (not yet established). The 2008 agreement contains clause which commits the
developer to have a 40,000 sf tenant in place prior to any rebates, and 80,000 sf in additional
tenants within 5 years from date of Economic Incentive Agreement (agreement dated May 27, 2008 under Ordinance 2008 -43)
39. Cobblestone Commons — Business district contemplated. 50% Sales Tax Rebate to payoff bonds.
(agreement approved on August 26, 2008 under Ordinance 2008 -80, has not been recorded yet awaiting payment of fees.)
LITIGATION COVERED BY IML INSURANCE
40. Huss Litigation — There is a case against the city for damages to a contractor who had an
excavation collapse on him during a water main break. He claims the water was not shut off
quickly enough. Insurance is expected to cover any potential judgment.
41. Anderson Litigation — This is a case where a woman tripped and fell adjacent to a work site.
Insurance is expected to cover any potential judgment.
KENDALL COUNTY FOREST PRESERVE DISTRICT
County Office Building • 111 West Fox Street • Yorkville, IL 60560 • 553 -4025
i t
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October 14, 2008
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Mayor Valerie Burd
& Yorkville City Aldermen
800 Game Farm Road
Yorkville, IL 60560
RE: Intergovernmental Agreement between Kendall County Forest Preserve
District and the United City of Yorkville dated November 9 2004
concerning the Hoover Outdoor Education Center Property.
Dear Mayor Burd & City Aldermen:
Please allow this correspondence to serve as a written confirmation of the Kendall
County Forest Preserve District's present position in regards to the Intergovernmental
Agreement between the United City of Yorkville (City) and the Kendall County Forest
Preserve District (District) pertaining to the parcel commonly know as the Hoover
Outdoor Education Center Property. At this time, the District is proposing to return to
the City any and all principle payments made by the City with interest as calculated on
the attached spreadsheet in exchange for mutual termination of the Intergovernmental
Agreement dated November 9` 2004. I have been given direction to begin discussions
with the City on behalf of the District regarding this matter. I look forward to hearing
from the City on this matter.
Ver truly yours,
C4
Ka Ha "
tcher
President
Kendall County Forest Preserve District
Hoover Boy Scout Camp Acquisition
Ci o f Yorkvil - Paid C orl-ands Expenses
Invoice Num Amount
43- 00 -09 -03 33,607.50
43- 00 -10 -03 _ _ 1,470.00_
43- 00 -11 -03 16,997.76'
--
43- 00 -03 -04 _ _ 11,226.81
43- 00 -04 -04 _ -- 27,475.69
43- 00 -05 -04 ----- ----
______ _ _ -_ _ 11, 936.88
- -06 -04 __ 12,364.44
43- 0 - 07 -04 _ 16,737.
43- 00_08 -04 28,1 94.86
- --
43-00-12-04 - 69 ,161.12'
43- 00- 07 -21 -05 48, 669.30
- �-
43- 00 - 10 -11 -05 51,894
----- - - - - --
43- 00- 01 -18 -06 55,938.16
43- 00- 07 -20 -06 116,637.68
43- 00- 10 -20 -06 _ 61,880.64E
43- 00- 01 -23 - 61, 860.76,- -
43- 00- 04 -21 -07 - -- - ,74.45
- - - - -- -- 32 - 9
- 74.4 - -- --
_ _- 659,027.91
--- - - - - -- -- -- -
--- - - - - -- - - - - -- -- - - - - --
I nterest - Earned -
- 71,776.19
- -- - -
--- - - - - -- - - - --
- - -- --------------------------
Total 730,804.10