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City Council Minutes 2006 07-25-06 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, JULY 25.2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. I ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Chief Martin, Community Development Director Miller, Superintendent of Parks Sleezer, Finance Director Mika and Public Relations Manager Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He 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 Committee of the Whole 7:00 P.M., Tuesday, August 15, 2006 City of Yorkville Conference Room Economic Development Committee 7:00 P.M., Thursday, July 27, 2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, August 1, 2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, August 1, 2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS None. ( j PUBLIC HEARINGS Westbury East Village Special Service Area 2006 -111 Westbury South Village Special Service Area 2006 -112 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Westbury East Village Special Service Area 2006 -111 and Westbury South Village Special Service Area 2006 -112. So moved by Alderman James, seconded by Alderman Wolfer I Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye I I Minutes of the Reeular Meetine of the Citv Council — July 25. 2006 — na L22 Attorney Dan Kramer, representing Ocean Atlantic, addressed the City Council. He explained that this public hearing follows the previously passed ordinances which proposed the establishment of Special Service Areas for Westbury's East and South Villages. He commented that there is a slight modification; the Undesser family has asked that the SSA for the East Village not be applied to their fifty -five acres on the north end of the property. Ocean Atlantic has agreed to this. Attorney Kramer further explained that the SSAs were permitted under the original annexation agreement. He also indicated that Westbury will be coming back to the City Council with an overall SSA ordinance which will include the storm water outfall, Route 47 improvements and school financing. Mayor Prochaska noted that a letter dated July 25, 2006 was received from Attorney Robert E. Nelson on behalf of the Undessers regarding their request to be excluded from the S SAs (see attached). The floor was opened for public comment; there was none. The floor was opened for comment from the City Council; there was none. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye CITIZEN COMMENTS Michelle Moses, 1844 Columbine Drive, addressed the Council on behalf of the residents of Sunflower Estates. She presented a petition signed by the residents which states that they want to amend the agenda for the Sunflower Estates Homeowners Association meeting of August 2, 2006 to add an item "Dissolution of Sunflower Homeowners Association (HOA) ". She stated that the residents of Sunflower Estates do not want a HOA and would like the City to take over the public areas. She indicated that the residents have come to the City to insure that the proper steps are taken. She asked if the City could get the developer to delay the August 2 nd meeting. Mayor Prochaska stated that the residents will have to work out the dissolution with the developer. If the majority of the residents want an alternative to the HOA, the City is willing to work with them. He suggested they work with their aldermen and the Public Works Department and he asked Superintendent Sleezer and Director Miller to schedule an information meeting with the developer, residents and the aldermen. Mayor Prochaska explained that by statute the City has no involvement with HOAs_ Attorney Wyeth suggested to the residents that they retain counsel and reiterated that the City has no leverage to delay the HOA meeting. There also was some discussion regarding liens on properties and Mayor Prochaska explained that the Building Department has been working with the contractor in order to get the liens lifted. CONSENT AGENDA 1. Ratos Development/Economic Initiative Agreement for Comeils and Route 47 - authorize the Mayor and City Clerk to execute (EDC 2006 -05) 2. Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement - authorize the Mayor and City Clerk to execute (EDC 2006 -16) 3. Water Department Report for May 2006 (PW 2006 -117) 4. Rob Roy Creek Interceptor (Contract 43) - Change Order #4 - authorize increase in an amount not to exceed $9,541.15 and authorize Mayor to execute (PW 2006 -118) 5. Wells 3 and 4 Treatment Facility - Change Order #2 - authorize increase in an amount not to exceed $12,143.00 and authorize Mayor to execute (PW 2006 -119) 6. Menard's Commercial Commons (Lot 7) — Sidewalk Agreement - authorize City Administrator to execute (PW 2006 -120) j 7. 101 W. Veteran's Parkway — Sidewalk Agreement - authorize City Administrator to execute (PW 2006 -121) 8. Resolution 2006 -63 — Cozy Comer Subdivision - IDOT Highway Permit and Resolution — authorize the Mayor and City Clerk to execute (PW 2006 -122) 9. Resolution 2006 -64 — Shops at Veteran's Parkway - IDOT Highway Permit and Resolution — authorize City Clerk to execute (PW 2006 -123) 10. Aerial Lift Truck Purchase - authorize purchase of Demonstrator Unit 2006 Ford F450 with Altec AT37 -G Articulating Aerial Unit in an amount not to exceed $69,270.00 (PW 2006 -124) 11. 101 E. Center Street — Sidewalk Agreement - authorize City Administrator to execute (PW 2006 -128) The Minutes of the Regular Meeting of the Citv Council — July 25, 2006 — page 3 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye i PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting of July 5, 2006; seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 14, 2006 totaling the following amounts: checks in the amount of $1,427,951.96 (vendors); $195,087.86 (payroll period ending 7/08/06); for atotal of $1,623,039.82; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Wolfer -aye I REPORTS MAYOR'S REPORT Proclamation for National Night Out 2006 Mayor Prochaska read a proclamation for National Night Out, August 1, 2006 (see attached). Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman James; — seconded by Alderman Wolfer. Motion approved by a viva voce vote. Resolution 2006 -65 Establishing a Policy for the City Administrator's Annual Performance Evaluation (COW 2006 -05) Mayor Prochaska entertained a motion to approve a policy for the City Administrator's annual performance as presented. So moved by Alderman James; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Wolfer- present, James -aye i Ordinance 2006 -65 Ratify Ordinance Providing for the Issuance of $1,500,000.00 General Obligation Library Bonds, Series 2006 Mayor Prochaska entertained a motion to approve and ratify an ordinance providing for the issuance of $1,500,000.00 General Obligation Library Bonds, Series 2006 as presented. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. I The Minutes of the Reeular Meeting of the Citv Council — July 25, 2006 — PaLle 4 CITY ADMINISTATOR'S REPORT Administrator Crois asked Assistant City Administrator Olson to give an update on the Downtown TIF meeting. Mr. Olson reported that Attorney Kathy Orr will be present at the meeting to explain to those in attendance that developers will have to come to the United City of Yorkville for every project in the TIF district. He stated that a policy memo and informational packet will be finalized with Attorney Orr's comments after the July 31, 2006 Town Meeting for the Downtown TIF which will be held at the Historic Court House at 7:00 p.m.. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Mayor Prochaska reported that the Rob Roy Creek Interceptor has been completed and the water main which will connect the Grande Reserve water tower to the remainder of the city is anticipated to be completed by next week. CHIEF OF POLICE'S REPORT Chief Martin reminded everyone that National Night Out was August 1, 2006 at 5:00 p.m. at the Beecher Center. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mrs. Spies reported that Speaker of the House Hastert's mobile office would be at City Hall on July 27, 2006 from 1:00 to 2:00 p.m. She also reported that the Human Resource Commission would be sharing a booth with the United City of Yorkville at the Hometown Days Festival on Labor Day Weekend. A bike event was also being held Labor Day Weekend at Hoover Outdoor Center. She also informed the City Council that the Fourth of July fireworks were taped and would be shown July 27, 2006 on Channel 17 at 7:00 p.m. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT i Proposal for Community Relations Intern (ADM 2006 -44) A motion was made by Alderman James to approve the hiring of a Community Relations Intern as presented, subject to available funding; seconded by Alderman Besco. Alderman James asked Director Mika if funds had been found. Director Mika explained that there may be surplus in the salaries fund and if not she will examine other areas. Alderman Burd stated that she felt this would be a worthwhile thing to do because it gets information out to the citizens. Mayor Prochaska stated that Mrs. Spies has many ideas for the residents such as an orientation program for new residents Motion approved by a roll call vote. Ayes -7 Nays -0 Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye i The Minutes of the Regular Meeting of the Citv Council — Julu 25, 2006 — page 5 IT Assistant Job Description Update A motion was made by Alderman James to update the position of IT Assistant to the position of Information Technology Specialist and approve the job description for the Information Technology Specialist as presented, seconded by Alderman Burd. Alderman James explained that instead of this position being held by two part-time employees it will now be held by one full -time employee. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye ADDITIONAL BUSINESS Sewer Backup Mayor Prochaska brought forward a Public Works item. He reported that a City sewer backed up and flooded a home's basement. There was nothing the resident did to cause the backup; it was caused by a clog in the City's main. He asked the City Council if there was a consensus to get a contract to complete the cleanup and repair to the residence. A claim has been filed with the City's insurance company however they have denied it because the party with the damage does not have an absolute legal claim for damages. The estimate so far is $25,000.00 to $30,000.00. There was some discussion regarding the incident, the City's responsibility, setting a precedent, etc. Afterward it was the consensus of the Council to get an estimate for the repairs and bring it back to the City Council for further discussion. Mayor Prochaska asked the staff to get bids for the work. Radium Issue Mayor Prochaska reported to the City Council that he received a letter form a resident who bought a house in Yorkville and was not aware of the radium issue. The resident contacted the Environmental Protection Agency (EPA) regarding the radium problem as well as the recent problem with a well not functioning. The resident asked the EPA to oversee the problem which was caused by an electrical switch burning out. They also questioned the City allowing a water park when the City had a watering ban. He suggested that a new resident orientation program could alleviate letters such as this by educating residents. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 7:55 P.M. Minutes submitted by: i Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i i i CITY COUNCIL MEETING July 25, 2006 PLEASE PRINT NAME: ADDRESS: A A I A kf 04. Q'n A j lt s (� K 17 Coju,mbi►�.e C S�� lowei� ` CS�� es �cl'1 � l N R ec or SIGNIN I I Jul. 25. 2006 3:50PM NELSON LAW OFFICE No. 2514 P. 2 Robert E. Nelson Attorney at Law Keystone Building Suite 402 30 South Stolp Avenue Mark C. Shea Aurora, Illinois 60506 Associate Ph. (630) 892 -4344 - Fax (630) 892 -4371 Jul y 25, 2006 i 1 Honorable Mayor and Members of the City Council Of the City of Yorkville, Kendall County, Illinois Re: Petition for establishment of Special Service Area Number 2006 -111 On behalf of Richard Undesser Jr. and John Undesser, as Trustees of the Richard A. Undesser Sr. testamentary trusts and Richard Undesser Jr. and John Undesser as Trustees of the Henrietta Undesser testamentary trust, being the record owners of certain real estate consisting of 55 acres, more or less, and commonly known as 10292 Galena Road, Bristol, Illinois, and being some of the electors residing on said real estate, .I do hereby make an objection to the petition for the establishment of a Special Service Area, to be known as Special Service Area Number 2006 -111, insofar as the area will include real estate that is not owned by Ocean Atlantic/PFG- Westbury, LLC or by Ocean Atlantic Chicago, LLC. The Amendment T9 Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement for the Westbury Village Subdivision, of which the City of Yorkville is a party, specifically addresses the possible establishment of a special service area or areas for the project, but only for that part of the subdivision, that is owned by Ocean Atlantic/PFG- Westbury, LLC or is then awned by the developer Ocean Atlantic Chicago, LLC. The clear intent of the agreement was that the part of the subdivision which was not owned by Ocean Adantic/PFG- Westbury or by Ocean Atlantic Chicago, LLC would not be subjected to special service area inclusion. As a party to the annexation agreement the City of Yorkville should abide by the expressed intent of the parties to the agreement and should exclude from the special service area to be established all that part of the land which is not owned by Ocean Atlantic but which nevertheless is included in the special service area petition now pending before the City for its consideration. On behalf of the Uridessers, I urge the City of Yorkville to seek an amendment to the Petition for the establishment of a special service area for the Westbury Village Subdivision to exclude that part of the subdivision which is not owned by Ocean Adantic/PFG- Westbury, LLC or Ocean Atlantic Chicago, LLC Respectfully submitted, obertt elsoil ' I I July 1 2006 Ms. Guadalupe Griffin President Sunflower Estates Homeowners Association - VIA TELECOPIER — U.S. MAIL — HAND DELIVERY (630) 954 -5673 Re: Sunflower Estates Homeowners Association I Dear Ms. Griffin: We the undersigned, consisting cf 66% of the members of the Sunflower Estates Homeowners Association wish to amend the Agenda for the August 2, 2006 meeting by adding a line item entitled "Dissolution of Sunflower Homeowners Association" to be brought to vote. We request that a proxy be forwarded to each Association member with respect to said vote. Further, we request that in advance of the August 2, 2006 meeting that you provide each Association member with a copy of the Association By -Laws and an explanation of the "Election Procedures" referred to in the current Agenda for the August 2" meeting. Na Address: .12-5 4MIX 765 W U14 CAtV 2 2 t w41 3 � 0 % e- iR C 6 953 W t ; 6k Cl rcde �D . _ cdcc � QS(. Wale,h a roe, Page Two Guadalupe Griffin July 17, 2006 Name Address: Wa lst% C ircle- >3. a9l . n - h Hi `� �n4 Walsh Qivde. i (- �- 16. a 3 q otl s# 6p-C �$. a4a Wit Crap- A 6.6 vjALs k Cin�- 14 333 IV #,&# � 4 YV i i I i Page Three Guadalupe Griffin July 17, 2006 Na a Address: Oil a 7� - 1A, S,* � .�0. 4Co i a 0 7 I July 17, 2006 Ms. Guadalupe Griffin President Sunflower Estates Homeowners Association VIA TELECOPIER — U.S. MAIL — HAND DELIVERY (630) 954 -5673 Re: Sunflower Estates Homeowners Association Dear Ms. Griffin: We the undersigned, consisting of 66% of the members of the Sunflower Estates Homeowners Association wish to amend the Agenda for the August 2, 2006 meeting by adding a line item entitled "Dissolution of Sunflower Homeowners Association" to be brought to vote. We request that a proxy be forwarded to each Association member with respect to said vote. Further, we request that in advance of the August 2, 2006 meeting that you provide each Association member with a copy of the Association By -Laws and an explanation of the "Election Procedures" referred to in the current Agenda for the August 2 meeting. i Name Address: AS Vo, . J Page Two Guadalupe Griffin July 17, 2006 Address: � i Page Two - Guadalupe Griffin July 17, 2006 Name Address: n i July 17, 2006 Ms. Guadalupe Griffin President Sunflower Estates Homeowners Association VIA TELECOPIER — U.S. MAIL — HAND DELIVERY � (630) 954 -5673 Re: Sunflower Estates Homeowners Association ' I Dear Ms. Griffin: We the undersigned, consisting o:r 66% of the members of the Sunflower Estates Homeowners Association wish to amend the Agenda for the August 2, 2006 meeting by adding a line item entitled "Dissolution of Sunflower Homeowners Association" to be brought to vote. We request that a proxy be forwarded to each Association member with respect to said vote. Further, we request that in advance of the August 2, 2006 meeting that you provide each Association member with a copy of the Association By -Laws and an explanation of the "Election Procedures" referred to in the current Agenda for the August 2" meeting. Name Address: AEA 63. alb VLAco /9q7 ('6/t)jAi'»C dri'vif 64 _T66 I Sr A4_6' 1 m--6' ur�l S�, - r, Ju15 17, 2006 Ms. Guadalupe Griffin President Sunflower Estates Homeowners Association VIA TELECOPIER and U.S. MAIL and HAND DELIVERED (630) 954 -5673 Re: Sunflower Estates Homeowners Association Dear Ms. Griffin: We the undersigned, consisting o of the members of the Sunflower Estates Homeowners Association wish to amend the Agenda for the August 2, 2006 meeting by adding a line item entitled "Dissolution of Sunflower Homeowners Association" to be brought to vote. We request that a proxy be forwarded to each Association member with respect to said vote. Further, we request that in advance of the August 2, 2006 meeting you provide each Association member with a copy of the Association By -Laws and an explanation of the "Election Procedures" referred to in tie current Agenda for the August 2 " meeting. Name: Address: I July 17, 2006 Ms. Guadalupe Griffin President Sunflower Estates Homeowners Association VIA TELECOPIER — U.S. MAIL — HAND DELIVERY (630) 954 -5673 Re: Sunflower Estates Homeowners Association Dear Ms. Griffin: I We the undersigned, consisting of 66% of the members of the Sunflower Estates Homeowners Association wish to amend the Agenda for the August 2, 2006 meeting by adding a line item entitled "Dissolution of Sunflower Homeowners Association" to be brought to vote. We request that a proxy be forwarded to each Association member with respect to said vote. Further, we request that in advance of the August 2, 2006 meeting that you provide each Association member with a copy of the Association By -Laws and an explanation of the "Election Procedures" referred to in the current Agenda for the August 2" meeting, b i Name Address: v 60, 193a- C-&I vvl'h61 r% e_ %C+a� 63. &ila. 4A. & L ZAI 4 .S u n -rIO t J , C o u r �- 11L49 �c�lv.Y,,��,, C7:;L - /old ' I Page Two Guadalupe Griffin July 17, 2006 Name Address: A W z Ryol IA14Lsrf Jrz. �� ': ►�� Wds4v J ) �u.V1 �j rfa G� Jal`ILUr Ili �� . b < I li �poS�o 3101 vjol<gh C" K%JCC VU 5 -A4 — ' , F 78• , t7q K"1 ( I41 v I 6 c 6oq l (OOT 00 f r�� } , � �� ®; o= tee_ � � �� -° _ � -o _ � °_ �: _ �-�_ - __.•� _,> _ � ��,.'.'�: � _ . , I ,y <; �� v. >ray � ®maat..�m �v.a,o® .m �a.v.o� a� y p �a.�m.a� o ys.a.a� o ®a.a.ar y . -ate` a�_, -y xm.9.a- a � -�a:s �•�: -.,m,� � �s „ �, -� �,. � .�71C� '�: i_,'�T,a -� -° �,:niargO a.�m,o ara �4 Maly, amrQ�9aln, uoarq��. a, vuxr,p�Qy,n:nrm ;,�:.rxr ,gy,n,o,o� ^'�3 �M•��a:xrmrq' > -= D ymu:alj ..1e�Js '' - � �.r �� _'+�J'7.1- '. ��'";1' �aa ^�'. raw \mil owa � ®ami, �° asa�'Rf. ,aA raw - q •srwg . . •�ruu - 'dl )'� �a �.'.. ,.-:1, _I,'7 - �':�� +�� ✓i, c ^�'J��'�d'p•I,ao';a�'�1�'��S is - a'�1 �1��,/� •.��1 ��1 laJ sa 11�J �� 1 � a ��13J °� 19 '�' ��'��3,�sa„_�li �/� � s _ 1�� -�� ,;- . 3 a k � d.' +. 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'�d'.". l ?' -', 1� y a �_ S'J'. l`r , 1 . �� UNITED CITY OF YORKVILLE NATIONAL NIGHT OUT 2006 1 irk �y• , ; y WHEREAS, the National Association of Town Watch (NATW) is sponsoring a r unique, nationwide crime, drug and violence prevention program on August 1 2006 entitled "National Night Out "; and ; i rd h id „h� A 1 ? `' ^ >= WHEREAS, the "23 Annual National Night Out" proves a unique y'': opportunity for the United City of Yorkville to join forces with thousands of other communities across the country in promoting cooperative, police - community crime prevention efforts; and WHEREAS ' the Citizens Police Academy Alumni Association plays a vital role in assisting the Yorkville Police Department through joint crime, drug and violence prevention efforts in the United City of Yorkville and is supp orting "National Night Out 2006” locally; and WHEREAS it is essential that all citizens of the United City of Yorkville be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in the United City of Yorkville; and WHEREAS, police - community partnerships, neighborhood safety, awareness ' and cooperation are important themes of the National Night Out Program"; NOW, THEREFORE I, Mayor Arthur F. Prochaska, Jr., do hereby call upon all citizens of the United City of Yorkville to join the Citizens Police Academy Alumni 1'� ,{ a Association and the National Association of Town Watch in supporting 23 Annual j j jr st National Night Out on August 1 , 2006. » d ai` y FURTHER, LET IT BE RESOLVED THAT I, Mayor Arthur F. Prochaska, Jr., "NATIONAL do hereby proclaim Tuesday August 1 " 2006 as NIGHT OUT" in the United City of Yorkville. �' j Dated this 25th day of July 2006, A.D. lik 1 ter Arthur F. Prochask Jr. Ma or a� +'�, � � 'i /�� oi, t7 /ly alrl�� v �}I )�, v. �., .a. q/ n - i /y \•'�i'�. 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