City Council Minutes 2006 06-27-06 i
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 27, 2006.
As Mayor Prochaska was out of town, Mayor Pro Temp Burd called the meeting to order at 7:03
P.M and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Absent
Ward II Burd Present
Wolfer Absent
Ward III Bock Absent
Munns Present
Ward IV Besco Present
Spears Present
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Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City
Administrator Crois, Assistant City Administrator Olson, Police Chief Martin, Director of Park &
Recreation Mogel and Public Relations Manager Spies.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Pro Temp 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 7:00 P.M., Monday, July 3, 2006
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, June 29, 2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 p.m., Thursday, July 6, 2006
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 p.m., Thursday, July 13, 2006
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M., Tuesday, July 11, 2006
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS �
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
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Minutes of the ReLyular Meetine of the Citv Council — June 27, 2006 — DaLye 2
CONSENT AGENDA
1. Scada Improvements — Bid Results — award to Kamp /Synergy, LLC in an amount not to
exceed $147,237.00 (PW 2006 -94)
2. Resolution 2006 -48 — Approving Engineering Agreement with Walter E Deuchler
Associates, Inc. for Design Services of the Aux Sable Creek Interceptor, Force Main and
Pump Station — approve in an amount not to exceed $760, 000.00 and authorize the
Mayor and City Clerk to execute (PW 2006 -95)
3. Water Department Report for February 2006 (PW 2006 -96)
4. Water Department Report for March 2006 (PW 2006 -97)
5. Water Department Report for April 2006 (PW 2006 -98)
6. Well No. 7 Treatment Facility - Change Order No. 6 - authorize increase in an amount
not to exceed $6,932.27 authorize Mayor to execute (PW 2006 -99)
7. Well Nos. 3 and 4 Treatment Facility - Change Order No. 1 - authorize increase in an
amount not to exceed $2,755. 00 authorize Mayor to execute (PW 2006 -100)
8. Rob Roy Creek Interceptor (Contract 46) - Change Order 41 - authorize decrease in an
amount not to exceed $76,509.16 and authorize Mayor to execute (PW 2006 -101)
9. Rob Roy Creek Interceptor (North Branch Contract #1) — Bid Results - award to
Anderson Underground, Inc. in an amount not to exceed $966,861.87 (PW 2006 -102)
10. Purchase of Backhoe/Loader — approve purchase of backhoe /loader in an amount not to
exceed $75,676. 00 and trade -in of 1993 backhoe in the amount of $20, 000. 00 for a total
amount not to exceed $55,676 00 (PW 2006 -103)
11. Resolution 2006 -49 — IDOT Highway Permit and Resolution — Raymond Storm Sewer
Outfall - authorize the Mayor and City Clerk to execute (PW 2006 -104)
12. Prestwick of Yorkville (Phase 1) — Construction Guarantee — agree to accept a reduced
bond or letter of credit in the amount of $2, 778.346.96 (PW 2006 -107)
13. Grande Reserve — Neighborhood 17 Watermain Easement - authorize the Mayor and City
Clerk to execute (PW 2006 -109)
14. New Water Meter System — approve as presented (PW 2006 -111)
15. MFT Crack Filling Project Bid Results — award to SKC Construction, Inc. in an amount
not to exceed $24,895.55 (PW 2006 -112)
16. Resolution 2006 -50 — IDOT Highway Permit and Resolution — Sunfield Restaurant -
J authorize the Mayor and City Clerk to execute (PW 2006 -113)
17. Monthly Treasurer's Report for April 2006 (ADM 2006 -37)
18. Police Reports for May 2006 (PS 2006 -27)
19. Resolution 2006 -51— Establishing the Job Description for the Position of Records
Supervisor — authorize the Mayor and City Clerk to execute (PS 2006 -28)
20. Resolution 2006 -52 — Establishing the Job Description for the Position of Part Time
Secretary to the Board of Fire & Police Commissioners - authorize the Mayor and City
Clerk to execute (PS 2006 -29)
21. Tuscany Plaza Development Agreement (PC 2006 -31)
a) Ordinance 2006 -55 — Authorizing the Execution of a Development Agreement -
authorize the Mayor and City Clerk to execute
b) Ordinance 2006 -56 — Rezoning - authorize the Mayor and City Clerk to execute
22. Ordinance 2006 -57 — Declaring Compliance with Illinois Prevailing Wage Act -
authorize the Mayor and City Clerk to execute (CC 2006 -03)
23. Resolution 2006 -53 — Approving Revised Engineering Agreement with Engineering
Enterprises Inc. (EEI) for Southwest Water Works System Improvements Contracts F.1
through F.5 - authorize the Mayor and City Clerk to execute, subject to developer funding
(PW 2006 -92)
24. Prestwick of Yorkville (Phase 1) — Letter of Understanding — approve letter of
understanding and authorize the Mayor and City Attorney to execute (PW 2006 -106)
25. Bid Results for Kennedy Road at Freedom Place Intersection Improvements — award to
Aurora Blacktop, Inc. in an amount not to exceed $157,897.92 (PW 2006 -115)
26. Resolution 2006 -54 — Approving Glen Palmer Dam Intergovernmental Agreement -
authorize the Mayor and City Clerk to execute 2006 -116)
Mayor Pro Tem Burd entertained a motion to approve the Consent Agenda as presented. So
moved by Alderman Munns; seconded by Alderman Spears.
Motion approved by a roll call vote_ Ayes -5 Nays -0
James -aye, Munns -aye, Burd -aye, Spears -aye, Besco -aye
REPORTS
MAYOR'S REPORT
None.
The Minutes of the Regular Meeting of the Citv Council — June 27, 2006 — uage 3
CITY COUNCIL REPORT
Mayor Pro Tem
A motion was made by Mayor Pro Tem Burd to appoint Alderman Rose Spears as Mayor Pro
Tem pursuant to the City policy for selection of Mayor Pro Tem; seconded by Alderman Munns.
Alderman Besco noted that Mayor Pro Tem Burd skipped the following agenda items: the Plan
- Commission/Zoning Board of Appeals Report; Minutes for Approval and Bill Payments for
Approval items on the agenda. Alderman Burd stated that the motion was on the floor and
Alderman Spears could address these items.
Motion approved by a roll call vote. Ayes -4 Nays -0 Present -1
Munns -aye, Burd -aye, Spears - present, Besco -aye, James -aye
Alderman Burd turned the meeting over to Mayor Pro Tem Spears.
PLANNING COMMISSION /ZONING BOARD OF APPEAL,
No report.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated June 15, 2006 totaling the following amounts: checks in the amount of
$7,407.99 (vendors — FY 05/06); $788,752.21 (vendors — FY 06/07); 211,444.59 (payroll period
ending 6/10/06); for atotal of $1,007,604.79; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -0
James -aye, Mums -aye, Burd -aye, Spears -aye, Besco -aye
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the Committee of the Whole
meetings of March 7, 2006, April 4, 2006, May 2, 2006 and June 6, 2006; the minutes of the
Special City Council meeting of May 30, 2006 and the Special Town Meeting of April 20, 2006;
seconded by Alderman Wolfer.
Motion approved by a viva voce vote.
REPORTS CONTINUED
ADDITIONAL CITY COUNCIL REPORT
Ordinance 2006 -58 Governing Ordinance
A motion was made by Mayor Pro Tem Spears to adopt the Governing Ordinance as presented;
seconded by Alderman Burd.
Alderman Munns asked for clarification as to which version the City Council was voting on.
Attorney Wyeth stated that Version 2 was the final draft and Version 3 was the final draft with
the most recent changes highlighted.
Alderman Burd asked for the following additions and/or corrections:
• Section III — Aldermen — paragraph B — she asked that the last sentence be amended to
read "No alderman or mayor shall speak...."
• Section III — Aldermen — paragraph C — she asked that a semicolon be added after the
word "forfeited" in the last sentence.
• Section III — Aldermen — paragraph K — she asked that verbiage from Robert's Rules of
- Order, Debate on the Question, line 31 "...they must never attack or make any allusion to
the motives of members." be added to the paragraph. She asked that the word "they" be
changed to "aldermen ".
• Section III — Mayor — paragraph D — she asked that a semicolon be added after the word
"item" in the last sentence.
The members of the City Council present agreed to the changes and/or corrections.
Alderman Besco noted that in a previous draft it stated that no alderman could hold a
chairmanship twice and he questioned if this was feasible. Attorney Wyeth stated that during
discussion it was recommended to exclude this provision.
The Minutes of the Rezular Meeting of the Citv Council — June 27. 2006 — nag_e 4
Attorney Wyeth noted that the motion on the floor approves the ordinance as "presented" and
four amendments had been made.
Mayor Pro Tem Spears entertained a motion to include the four changes recommended by
Alderman Burd. So moved by Alderman Munns; seconded by Alderman Besco.
Attorney Wyeth reiterated the four changes as noted above.
\% Alderman Burd commented that this ordinance was suggested by professors from Northern
Illinois University. She stated that this will be a good tool when newly elected officials begin on
the City Council.
Aldermen Besco, Burd, Munns and Spears expressed their thanks to the aldermen who developed
the ordinance, the staff and Drs. Gabris and Woods who assisted with the document.
Alderman Spears asked that the members of the City Council get a clean copy for reference
purposes.
Motion to amend approved by a roll call vote. Ayes -5 Nays -0
James -aye, Munns -aye, Burd -aye, Spears -aye, Besco -aye
Motion approved by a roll call vote. Ayes -5 Nays -0
Burd -aye, Spears -aye, Besco -aye, James -aye, Munns -aye
ATTORNEY'S REPORT
Attorney Wyeth reported that the closing for the old post office property was set for Friday, June
30, 2006. The City will officially own the property after about noon that day. Alderman James
noted that there is still a sign on Route 47 indicated the post office location and it should be
removed. Treasurer Powell stated that he already addressed this and it is being taken care of
CITY CLERK'S REPORT
i�
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
No report.
CHIEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
Fine Arts Festival
Director Mogle reported that the City had a successful Fine Arts Festival June 24, 2006. Ten
vendors participated and the good weather brought a nice crowd.
Sweetness Run
Director Mogle reported that the Sweetness Run was a success with 230 runners participating.
He thanked the Police Department and Community Relations Manager Spies for their help with
the event.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
Rolling on the River Event
Mrs. Spies reported that there will be a bicycle event, "Rolling on the River" held in Yorkville on
Labor Day Weekend 2006. It will be a two -day event and will tie into the Hometown Days
Festival.
Hastert Mobile Office
Mrs. Spies reported that Representative Hastert's mobile office would be at City Hall on July 27,
2006 from 1:00 to 2:00 p.m.
The Minutes of the Regular Meeting of the Citv Council — June 27. 2006 — nage 5
Corporate Volunteers
Mrs. Spies reported that she has received several calls from various corporations expressing an
interest in their employees doing community service. She asked the City Council to contact her if
they knew of any groups looking for volunteers and she would pass the information on to those
interested in helping.
COMMUNITY & LLMSON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Resolution 2006 -55 Engineering Agreement with Engineering Enterprises Inc
for Southwest Transportation Improvement Contracts F.6 through F.8
(PW 2006 -93)
A motion was made by Alderman Besco to approve a Resolution approving an Engineering
Agreement with Engineering Enterprises Inc. for Southwest Transportation Improvement
Contracts F.6 through F.8, subject to developer funding as presented, also subject to legal review;
seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -4 Nays -1
James -aye, Munns -aye, Burd -aye, Spears -nay, Besco -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Resolution 2006 -56 Declaring Official Intent to Issue Special Tag Bonds
Westbury East Village
(ADM 2006 -38)
A motion was made by Alderman James to approve a resolution declaring official intent to issue
Special Tax Bonds for Westbury East Village, as presented; seconded by Alderman Besco.
Alderman Besco commented that he thought the SSA was part of the original agreement that was
amended. Attorney Wyeth explained that this is an old annexation agreement (1999) that
predates the SSA changes and this follows the original agreement. Alderman Besco asked if the
remaining two villages of Westbury will have similar SSAs. Administrator Crois explained that
there are five villages and two fall under the old entitlement while the re mainin g three fall under
the new SSA provisions.
Alderman Munns asked if a City Council is obligated to honor agreements passed by a previous
Council. Attorney Wyeth stated they were because there is a contractual obligation however he
noted that each annexation agreement has a duration with the statutory obligation being twenty
years.
Motion approved by a roll call vote. Ayes -5 Nays -0
Spears -aye, Besco -aye, James -aye, Munns -aye, Burd -aye
Ordinance 2006 -59 Proposing the Establishment of Special Service Area
Number 2006 -111 - Westbury East Village
(ADM 2006 -39)
A motion was made by Alderman James to approve an Ordinance proposing the establishment of
Special Service Area No. 2006 -111 for Westbury East Village; as presented, seconded by
Alderman Besco.
Alderman Spears commented that she was not in favor of SSAs however this was already
included in an agreement so it was useless to vote against it.
Motion approved by a roll call vote. Ayes -5 Nays -0
Besco -aye, James -aye, Munns -aye, Burd -aye, Spears -aye
The Minutes of the Regular Meeting of the Citv Council — June 27, 2006 — naee 6
Resolution 2006 -57 Declaring Official Intent to Issue Special Tax Bonds
Westbury South Village
(ADM 200640)
A motion was made by Alderman James to approve a resolution declaring official intent to issue
Special Tax Bonds for Westbury South Village, as presented; seconded by Alderman Besco.
Alderman Munns asked if the SSAs for the re mainin g three villages are not approved, will this
affect what is being approved tonight. Attorney Dan Kramer representing the developer
explained that these SSAs would still stand if the others are not approved.
Alderman Besco asked if the developer will bring forward SSAs for the rema villages that
comply with the new policy. Attorney Kramer stated that the developer would like the SSAs
uniform throughout the development. He also noted that the type of SSA needed, based on the
improvements to Route 47, the increase in commercial area, schools, etc., was discussed at length
at the Administration Committee. He stated that the developer is not hiding the fact that they
would like traditional SSAs for the remaining villages.
Alderman Burd asked if the developer was putting up a sign indicating that this is an SSA
development. Attorney Kramer stated that this will be done. -
Patrick Hughes with the developer Ocean - Atlantic stated that the draft annexation agreement
addresses much of the things discussed with the Administration Committee. He stated that he
would be happy to answer any questions at any time; whether it would be at another meeting or
individually.
Alderman Spears noted she was against SSAs however the information presented to the
Administration Committee was thorough and informative. She stated that in this instance the SSA
may be warranted and beneficial. She further stated that she would be satisfied with the SSA due
to the improvements being made by the developer as long as purchasers are totally informed of it.
Motion approved by a roll call vote. Ayes -5 Nays -0
Besco -aye, James -aye, Munns -aye, Burd -aye, Spears -aye
Ordinance 2006 -60 Proposing the Establishment of Special Service Area
Number 2006 -112 - Westbury South Village
(ADM 200641)
A motion was made by Alderman James to approve an ordinance proposing the establishment of
Special Service Area No. 2006 -112 for Westbury South Village; as presented; seconded by
Alderman Besco.
Alderman Besco thanked the Administration Committee for their work on the Westbury SSAs.
Motion approved by a roll call vote. Ayes -5 Nays -0
James -aye, Munns -aye, Burd -aye, Spears -aye, Besco -aye
ADDITIONAL BUSINESS
Elected Official Pay
Alderman Burd questioned if the quarterly payments for the elected official became affected this
fiscal year or after the next election. Attorney Wyeth stated that he thought it was after the next
election however he and Finance Director Mika would look into the matter.
Governing Ordinance Implementation
Alderman Munns questioned how and when the Governing Ordinance would be implemented.
The Council decided to discuss this further at the next Committee of the Whole meeting on July
7, 2006.
ADJOURNMENT
A motion was made by Mayor Pro Tem Spears to adjourn; seconded by Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 7:50 P.M.
Minutes submitted by:
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aacqu1jMilsc ewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
June 27, 2006
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