President Michels opened the meeting at 6:00 p.m. and asked that Trustee Heineman lead the Pledge. President Michels then asked that the roll be called

Present: President Michels, Trustee Wolf, Trustee Geary, Trustee Renk, Trustee Johnson (left at 6:55 p.m._, Trustee Bohler (arrived at 8:15 p.m.) and Trustee Heineman

Village Administrator Brent Eichelberger, Clerk Cynthia Welsch, Attorney Steve Andersson, Community Development Director Scott Buening, and Public Works Director Tony Speciale.

None

President Michels asked Attorney Andersson to give the Board an overview of the proper use of electronic communication.

Attorney Andersson gave the Board an overview of training for area attorneys that he had recently presented.

The Open Meetings Act does not specifically address electronic communication, that being phone, email or chat room usage. However the intent of the act is that all discussion, except for vary specific exceptions, be done so that the public can hear the discussion. Attorney Andersson reminded the Board that while new rules addressing this are being discussed there is no law at this time; however, as is always his advice it is always best to always avoid any appearance of impropriety. That being said, chat rooms with more than 2 Board members should never be used, and emails should only be used as follows:

Staff can send out information to the Board, however, should not pass on any Board members comments or feelings within that information.

The Board should never send an email out to all other members with their thoughts on any project/item before the Board discussion, nor respond to any they may get from another member.

One member of the Board could, using the "one shot rule", send out their opinion but once one has done so, all others should refrain from replying or sending out their opinion.

Staff can be asked questions by Board members through email.

President Michels stated that this evening he would ask that Attorney Andersson summarize the annexation agreement, the fees be discussed and that the Board hear input from the School District.

Administrator Eichelberger begin with an overview of the proposed fees and or donations that are different from past agreements or have been a source of give and take. Capital Project fees are currently at $5,000 with a potential credit for the Bridge over the tracks on Gordon. EH Early warning fee has been changed from a per until to per acre fee, Road Improvement fee is $1,000 with a $998 credit for improvements being performed by the developer and a new fee call the transition fee.

The transition fee was hotly discussed, however, the Board and developer came to the agreement that a formula should be used to determine this fee. The formula should be the current tax rate X sales price for a period of 15 months. This formula is the fairest and most equitable as it is an average of 15 months from when a residence is occupied until a taxing body receives any tax dollars. In addition to the formula the amount for the school district will begin at 50% in 2005 and go up 10% each year and in 2011 the fee and formula will be reviewed. This fee and formula will be used in all annexation agreements from this point forward, with the school district starting at whatever percentage is applicable to the year for the Village, School District, Fire District, Library District, Park District and the Township. The developer did request, however, the Board denied that school fees be waived for age restricted residences. The Board stated that they may consider waiving or reducing if the residences were also what could be considered affordable housing.

Attorney Andersson then gave an overview of the annexation agreement highlighting those items that are unique to this agreement.

PDD, this is the tool that is being used to design this development and is an ordinance that will soon be adopted by the Village Board, a Planned Development District.

The North Parcel shall be developed consistent with the plans presented and approved, with a maximum dwelling count of 960 units.

The South Parcel shall be continued in the same venue as the North provided the Village likes the way the North went and is entitled to a density of no more than 9.45 units per acre. *note the density is up due to the Park and Ride and the large school site.

The school site shall be 40 acres and can either be on site or off, with the school districts approval.

20 acres are to be set aside for the municipal site (potential park and ride or train station, 5 acres for a church site and 2 acres for a municipal site, 2 for a fire district site.

Many credits are being given on various fees

Road Fee – for offsite

Capital Improvement - for RR Bridge over Gordon **

` Fire District Fee - possible for purchase of the 2 acres

Tap On Fee - for Water Treatment facility and storage

** Originally the bridge was to be put on hold due to funding. However when discussing the amount that would be needed to build the road and that building the bridge would be just about 1 million more it was worked out to give credits towards capitol improvements fees. The Village would recoup these fees in future developments that are near the bridge.

Signage shall be similar to the one used by Neumann Homes (this shall now become the Village Standard).

Architectural shingles are required.

Limit of 402 permits per year and only 100 shall be allowed until the water system is in.

All overhead utility lines existing will be buried except those along the BNSF ROW and those contiguous to property.

Alleys shall not be named. (*Note address numbers shall be placed on the rear of residences on alleyways.)

An emergency interconnect for the water system with the City of Aurora (subject to approval from the COA).

Signals at Cross and 47 shall have the pedestrian count down and all other signals that may be installed with same type (the Board asked that staff/developer consider sidewalks in areas that there are currently none, near Cross and Rte. 47).

Eminent Domain will be used should any easement or property be needed to complete the project, with the developer responsible for all costs for any property needs for easement etc.

Section of Indemnification between the sellers and the developer.

The exhibits hat were not presented this evening were listed and Kimball Hill said they would forward them as soon as they were finished.

Attorney Andersson stated that the one major outstanding issue that remains is Prairie Street and that this issue cannot be resolved until an updated traffic study is obtained.

Trustee Geary moved to adjourn to Closed Session to discuss Personnel as per the exception to the Open Meetings Act and to adjourn there from. Trustee Wolf seconded the motion. President Michels then called for a roll call vote.

Meeting was adjourned 8:40-p.m.