City Council Minutes 2009 05-26-09 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, MAY 26, 2009
Mayor 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 Gilson Absent
Werderich Present
Ward II Golinski Present
Plocher Present
Ward lII Munns Present
Sutcliff Present
Ward IV Teeling Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gardiner, City
Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika,
Public Works Director Dhuse, Police Chief Martin, Police Lieutenants Schwartzkopf and Hart,
Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them
to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 6:30 p.m., June 16, 2009
City Hall Conference Room
Economic Development Committee 7:00 P.M., June 2, 2009
City Hall Conference Room
Administration Committee 6:00 p.m., June 18, 2009
City Hall Conference Room
Public Safety Committee 7:00 P.M., May 28, 2009
City Hall Conference Room
PRESENTATIONS
Certificate of Appreciation
Mayor Burd and Chief Martin presented Officer Jacob Bledsoe with a Certificate of Appreciation in
recognition of commendable DUI enforcement. Chief Martin read a letter from the Alliance Against
Intoxicated Motorist complimenting Officer Bledsoe's service in 2008.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Louis Hernandez, Windett Ridge, commented that residents of his subdivision are under the impression
that the city does not have the funds to put a top coat on their streets. He also asked the City Council to
ask the developer, Wiseman- Hughes, to stop runnin bulldozers down the streets until the top coat is
installed; they are tearing up the road. Administrator McLaughlin explained that the lender is taking over
the subdivision from the developer and the city is working with the lender to get the roads paved.
Alderman Werderich commented that he and Aldermen Gilson and Spears have placed this on a future
agenda for further discussion.
The Minutes of the Regular Meeting of the Citv Council — Mav 26, 2009 — naLye 2
Charlie Walker asked if the punch list was available. Administrator McLaughlin stated it was but
explained that it is a technical document which is difficult to read. He stated he will try to summarize the
information and have it available next week. He stated he would mail it to Mr. Walker. Mr. Walker
asked who is taking care of the empty lots and Administrator McLaughlin explained that the lender is
keeping Wiseman- Hughes on and has lined up a contractor to maintain the lots. They will be starting
with vacant lots next to homes and the city will be inspecting the work.
Dennis Batdorf, Raintree Village, complained about the tall weeds, vacant lots, standing water and
unfinished streets in Raintree Village. He stated that Raintree's problems were just as bad as those in
Windett Ridge. He noted that houses in the subdivision are selling for less and devaluing those
previously sold. He objected to builders getting fimds back from the city and suggested that residents be
given a break by forgoing SSA's. He asked what the city could do for resident's who are paying SSA's
for services that haven't been done. Mayor Burd noted that the city will continue to work with developers
and banks to get things done.
CONSENT AGENDA
1 _ Monthly Treasurer's Report for March 2009 (ADM 2009 -33)
2. Resolution 2009 -25 - To Include Compensation Paid Under an Internal Revenue Code Section
125 Plan as IMRF Earnings - authorize Mayor and City Clerk to execute (CC 2009 -49)
3. Menard Store Expansion — Acceptance of Public Improvements and Bond Reduction #2 - accept
public improvements for watermain for ownership and maintenance; and authorize reduction of
CANSurety Bond No. 929408636 in an amount not to exceed $74,549.73, subject to verification
that the developer has no outstanding debt owed to the City for this development (PW 2009 -45)
4. Galena Road Shared -Use Path Easement Agreements (PW 2009 -46)
a. Grant of Permanent Bike Trail Easement Agreement (Centex Homes) - authorize Mayor
and City Clerk to execute
b. Grant of Permanent Bike Trail Easement Agreement (Bristol- Kendall Fire Department) —
authorize Mayor and City Clerk to execute
5. Westbury East Village — Call of Sitework Bonds for Sanitary Sewer, Watermain, and Storm
Sewer - authorize City Clerk to call the following sitework bonds for Westbury East Village:
American Southern Insurance Company Bond No. B98815015131 in the amount of $206,695.18
for sanitary sewer; and American Southern Insurance Company Bond No. B98815015132 in the
amount of $215, 458.26 for watermain; and American Insurance Company Bond No.
B98815015133 in the amount of $341,197.59 for storm sewer (PW 2009 -47)
6. Resolution 2009 -26 - Aldi's Redevelopment — IDOT Highway Permit Application and
Resolution - authorize Mayor and City Clerk to execute (CC 2009 -50)
Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman
Werderich; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Gohnski -aye, Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Teeling -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
None.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated May 21, 2009 totaling the following amounts: checks in the amount of $490,271.22
(vendors — FY 08/09); $156,033.72 (vendors — FY 09/10); $268,043.07 (payroll period ending 5/9/09);
for a total of $914,348.01; seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Golinski -aye
REPORTS
MAYOR'S REPORT
Capital Bill Update
Mayor Burd reported that the Illinois General Assembly has approved some components to the Capital
Bill which includes funding for the widening of Routes 34 and 47. A particular procedure is being
The Minutes of the Regular Meeting of the Citv Council — Mav 26.2009 — nage 3
employed to prevent the bill from going to the Governor due to his request for raising income tax. The
Governor also wants a decrease to municipal funding. Metro West is opposed to this so the Governor has
backed off. He is now looking at increasing liquor, tobacco and vehicle taxes.
Where Your Taxes Go
(CC 2009 -51)
Mayor Burd noted that residents often comment that the city is misusing tax dollars. She explained that
she asked Director Mika to prepare a power point presentation (see attached) showing how a $7000.00
real estate tax bill is broken down and distributed.
Alderman Gotinski felt that it was important to point out that there is no separate tax levied for a Park
District. All Park & Recreation Department amenities come out of the city's portion of the real estate tax.
Alderman Munns questioned what services Kendall County provides with their share of real estate taxes.
Alderman Sutcliff noted that the Park Department's budget is more than what the city takes in. Mayor
Burd explained that the Park & Recreation Department brings in funds from programming and Hometown
Days for their budget.
The floor was opened for public comment and Charlie Walker asked if the assessed value and rate was
based on the new rate. Director Mika stated that the value and rate was based on last year's numbers.
Another member of the audience asked if risk numbers were included when the city's budget was done
because there were concerns with the city's legal fees and the economy. Mayor Burd explained that there
was a fund balance of $2.7 million but unfortunately this was delved into by $1 million. Any extra funds
this year will be added back into the fund balance. She also stated that she is trying not to lay off staff
because they are needed to provide the residents with services such as police protection and street
plowing.
Another resident suggested making the power point presentation available on the city's website. Mayor
Burd agreed and also stated copies would be available at city hall. She also stated that staff is constantly
struggling to work out problems that occur and that they try to use funds responsibly. She invited
residents to contact their aldermen with any concerns.
Mr. Walker explained that he is a retired businessman who had to make responsible cuts. He felt that no
one is immune to layoffs. He stated that if hard business decisions are not made now they will catch up
later. He stated that he gets upset hearing that Mayor Burd does not want to lay off people and he felt that
the city is still spending like it has the same revenues it previously did. Mayor Burd responded that $2
million was cut which includes $200,000.00 of salaries for employees who left the city and whose
positions were not filled. Salaries have been frozen and employees are being moved around in order to
use them more effectively_
Governing Ordinance Discussion
(CC 2009 -52)
Mayor Baud reported that she asked that this be placed on the agenda in response to former Alderman
Besco's comments in the newspaper about the Governing Ordinance. She wants the ordinance called to
the attention of the new aldermen so they read and understand it. She stated that she disagreed with
Alderman Besco's comments and explained that the ordinance was developed by a four member
committee however she wrote the document after taking information from Robert's Rules. She touched
on some of the ordinances highlights; committee selection, agendas, etc. She stated that she felt that it
was an important document which was designed to help the City Council.
Newly Elected Official Classes
Mayor Burd reported that Waubonsee Community College was holding classes for newly elected officials
and she encouraged them to attend.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Powell requested the aldermen sign the bank cards_ He noted that social security numbers have
been removed from them and that he had a packet of them to be signed tonight.
The Minutes of the Regular Meeting of the Citv Council — Mav 26, 2009 — page 4
CITY ADMINISTATOWS REPORT
Administrator McLaughlin reported on the following:
• The new mowing ordinance is now in effect. Signs will be placed on areas where the grass is
more than 8" tall. If the area is not mowed after five days, the Public Works Department will
mow and the property owner is ticketed. The matter can go to adjudication however if the ticket
is not paid, the city will lien the property_ Alderman Munns suggested escalating fines if a
property owner continues to violate the ordinance. Alderman Spears asked if the management
company or property owners were contacted in the Grande Reserve subdivision. She stated that
the management company claims they don't own many of the properties. Administrator
McLaughlin explained that the Bank of America has bought the Pasquinelli lots. Staff has a chart
of who owns lots. Kendall County also has a data base with the same information.
• In the Grande Reserve subdivision, Bank of America is now the overall owner. They have a
contractor mowing the common areas and the pool will open this summer. He felt that BAC is
going above what was expected.
• The Lillian Lane storm water issue is being worked on. Pulte has a plan for a storm sewer which
has been approved by the city as well as Kendall County. Pulte has gone out for bids on the
matter.
• He met with the current developer of Windett Ridge and the agent for the lender. He asked that
five items be addressed. The lender will mow lots adjacent to homes. They did not commit to
mowing the large areas. They also discussed the streets and sidewalks_ He is working with
Lennar to stop drainage from the top of the hill. Also being addressed are open lots with standing
water.
• He is trying to secure funds for the city from the State's Capital Bill. Improvements will be made
to Routes 47 and 34 and improving Route 47 from Kennedy Road north is also being
investigated. There is also a rumor that the state is looking at improving Route 71 from Route 47
to Orchard Road.
• A three -way agreement for the financing of the Eldamain Road project, from Menards to Galena
Road, is being looked at. The agreement will be between Plano, Yorkville and Kendall County.
• Permits have been pulled by the Hamilton Inn, Pulte and for the demolition of the old hotel in the
downtown.
- FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse thanked the Garden Club for the hanging flower baskets downtown which are now
hanging. Mayor Burd noted that on Memorial Day weekend and hole developed at King and Main Streets
and within an hour of her phone call, the hole was filled for the holiday.
CHIEF OF POLICE'S REPORT
Chief Martin reported on the following
• The bike patrol is out and about for the summer_ They are looking into the issue of cars blocking
sidewalks.
• Chief Martin reminded people who park their cars outside be sure the vehicles are locked with no
valuable items inside. He also asked people to call the Police Department if they see anyone
suspicious around parked cars.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Park & Recreation Director Olson reported on the following
• On May 30, 2009 at noon the Junior Women's Club Park in Heartland Circle will be dedicated.
• Soccer registration starts June 6, 2009 at 9:00 a.m. to 12 :00 p.m. at the Rec Center. Walk -in
registration only
• The first Music Under the Stars for 2009 will be held on June 12th at 7 :00 pm.
The Yorkville Big Band will be playing.
• Safety Town and Camp 911 will begin the second and third weeks of June. Spots are still
available.
• Day Camp begins June 27, 2009 from 9:00 a.m. to 4 :00 p.m. The sessions are weekly with a
different theme each week.
• This year a Hometown Days Mega Pass will be offered. The pass will be $40.00 for all carnival
rides. Sales begin Monday.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Director Miller reported on the following:
• The Zoning Commission will meet on June 27, 2009 at 7:00 p.m. This will be the third meeting
The Minutes of the Regular Meeting of the Citv Council — Mav 26, 2009 — vase 5
and zoning districts in comparison to the Comprehensive Plan will be discussed along with the
possibility of new zoning classifications.
• The Planning Consortium will meet on May 27, 2009 in Minooka and will discuss how to
maintain vacant lots.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported on the following:
• Newsletter items are due by June 22, 2009
• Profiles for the website are also due.
COMMUNITY & LIAISON REPORT
Aurora Area Convention and Visitor Bureau
Alderman Golinski reported that the Aurora Area Convention and Visitor Bureau had exciting news about
the woman's golf event in Sugar Grove in August 2009. This should be a boon for the local economy
with traffic coming through Yorkville. Mayor Burd added that the roads in Sugar Grove should be
repaired for the event by July.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
Bristol Bay — Collector Road Surface Course Agreement
(PW 2009 -44)
A motion was made by Alderman Plocher to delay the paving of the surface course on Rosenwinkel
Street and Bristol Bay Drive, subject to the conditions listed in the City Engineer Wywrot's memo dated
May 12, 2009; seconded by Alderman Munns.
Alderman Werderich stated that Alderman Gilson had emailed him and asked him to make some
comments on his behalf He read from the email (see attached) which gave reasons why Alderman Gilson
was against this agreement.
Mayor Burd asked Alderman Teeling to comment to the agreement since she lives in the Bristol Bay
subdivision. Alderman Teeling stated that she did not have problem with the roads; where she lives the
road is fine and she would rather paving waited until all the building is done.
Administrator McLaughlin stated that no homes front the road so City Engineer Wywrot suggested that
the final coat be avoided until all the building is done in an effort to avoid damage to a finished road. He
noted that bonds are in place to cover the cost. Mayor Burd noted that if the final coat is placed and the
city accepts the road then the city has to maintain it; if the road is not finished, the developer has to
maintain it.
Alderman Werderich expressed his concern that the residents expect roads to be finished in a certain
amount of time.
Alderman Spears stated she was against the agreement and that it was against the subdivision control
ordinance. She did not see that the subdivision would be built out 75% in the time period indicated.
Administrator McLaughlin stated that a significant amount of building is projected this summer in the
subdivision which means there will be many cement trucks on the roads. Director Dhuse added that the
binder is the developer's responsibility to fix. Before a surface coat is installed, all bad binder is repaired.
Alderman Munns asked what the Public Works Committee recommended and Alderman Plocher stated
that the committee recommended approving the agreement.
Alderman Golinski stated he drove through Bristol Bay and it seemed that the developer is maintaining
the binder course and did not see a problem with waiting for the final coat.
Alderman Spears question #2 of Mr. Wywrot's memo regarding the amount of the bond which will cover
the interim pavement repairs. She asked if this amount had been agreed upon. Mr. Wywrot stated that
they are not up to this process yet and he can bring back more information on the bond at a later date.
Administrator McLaughlin suggested adding language to the agreement stating the amount of the bonds
will be subject to the approval of the City Engineer. If the City Engineer determines the amount is
insufficient to meet the needs for the future payment and repair work then the city will not agree to the
deal.
The Minutes of the Regular Meeting of the Citv Council — Mav 26, 2009 — pa2e 6
A motion was made by Alderman Plocher to amend the wording of the agreement to reflect that the bond
amount will be approved by the City Engineer; seconded by Alderman Munns.
Alderman Spears requested that the motion also indicate the bond amount be approval by City Council.
Alderman Plocher accepted the friendly amendment.
Motion to amend approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Sutcliff- -aye
Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1
Teeling -aye, Sutcliff -aye, Munns -aye, Spears - present, Plocher -aye, Werderich -nay, Golinski -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2009 -28 Repealing Design Guidelines for Southern Study Area of
City's Comprehensive Plan and Adopting New
Comprehensive Plan Design Guidelines
(EDC 2009 -20)
A motion was made by Alderman Golinski to approve an ordinance repealing design guidelines for
Southern Study Area of City's Comprehensive Plan and adopting New Comprehensive Plan Design
Guidelines for the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded
by Alderman Munns.
Alderman Golinski noted that the city has been using the 2005 guidelines and this revises and updates
them.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye
Ordinance Amending the Code of Ordinances Providing for the
Regulation of Wind Energy Systems — Second Reading
(PC 2009 -01)
A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances
providing for the regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute;
seconded by Alderman Werderich.
Alderman Werderich read comments emailed to him from Alderman Gilson (see attached).
Alderman Golinski questioned the procedure of having a second reading; were comments allowed at this
point. Mayor Burd stated they were; the first reading of an ordinance is to give the public time to express
concerns. Alderman Golinski noted that there were changes made to the document since the first reading.
Mayor Burd and Director Miller explained the Alderman Gilson sat down with staff and discussed his
concerns; the changes are due to his and resident's concerns. Mayor Burd added that she felt that things
should not change between committee and City Council meetings. Suggestions should be noted on the
side of the document. Alderman Golinski noted there was no hurry to approve the ordinance and
recommended it be sent back to committee. Alderman Munns agreed.
A motion was made by Alderman Plocher to send the ordinance back to committee; seconded by
Alderman Munns.
Administrator McLaughlin commented that he and Director Miller debated how to handle the comments
and it was not their intent to subvert the process. They wanted a method for the City Council to review
suggestions. Alderman Golinski stated that his concern was that the ideas/changes weren't provided to
the public.
Motion approved by a roll call vote. Ayes -6 Nays -1
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Sutcliff -nay, Mums -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — Mav 26, 2009 — Daee 7
ADDITIONAL BUSINESS
Bulldozer Damage to Roads
Alderman Werderich asked for more information about bulldozer damage to roads. Director Dhuse
indicated he would go out to Windett Ridge and evaluate damage. He asked that residents call when they
see this occurring. Chief Martin added that bulldozers should not be on the roads. Chief Martin stated
that if the Police Department is made aware of this, they can enforce it.
Summarization of Punch list
Alderman Plocher requested that the summarization of the punch list for Windett Ridge be placed on the
city's website.
Memorial Day Event
Mayor Burd reported that she participated in the Memorial Day event. She thanked the American Legion,
Boy Scouts, Christy Motley who sang, etc. for their help with the event. She noted that veterans from
Hines Hospital were in attendance and it was a nice event
EXECUTIVE SESSION
Mayor Burd entertained a motion to go into Executive Session for the purpose of litigation, when an
action against, affecting or on behalf of the particular public body has been filed and is pending before a
court or administrative tribunal, or when the public body finds that an action is probable or imminent, in
which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
So moved by Alderman Werderich; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Sutcliff-aye, Werderich -aye, Teeling -aye, Golinski -aye, Munns -aye, Plocher -aye
The City Council entered the Executive Session at 8:50 p.m.
The City Council returned to regular session at 9:50 p.m.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff; seconded by
Alderman Plocher.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 9:50 p.m.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
I,,
Tonight's City Council Meeting - URGENT Page 1 of 2
From: gilsonward1 @comcast.net
To: yorkvilleone @aol.com
Cc: gilsonward1 @comcast.net
Subject: Tonight's City Council Meeting - URGENT
Date: Tue, 26 May 2009 8:58 am
Wally,
I need to ask a favor of you! I will not be able to attend the city council meeting tonight due to
being called to got to Iowa today and tomorrow. Can you please read my opinions on my
behalf for the record this evening as follows:
PW #1 - Bristol Bay Collector Road Surface Course Agreement - George Gilson is strongly
against this concession to Centex for delay of the paving of Rosenwinkel & Bristol bay Drive
for a multitude of reasons. These reasons include:
1) Our Subdivision Control Ordinance specifically requires that the surface course be paved on
all streets prior to final acceptance.
2) In the current economic downturn, George feels that this concession only puts the liability on
the city for Centex to honor the bonds and agreement they have presented for this concession.
The city has too many liabilities on their hands to deal with now, we cannot afford another one
via this concession.
3) There is no foreseeable boom in home building going on anytime soon. If you look at the
agreement, Even if Centex were to finish the paving in 09. The city would have a one year
warranty on this work. This would bring the liability down to 1 year max from 2010 to 2011. For
the one year worth of potential damage to the street, I do not see this concession as a sensible
one. We currently have similiar issues that we are dealing with in Windett Ridge, Raintree,
etc.., where we are having to expend a lot of time and effort to get the developers / owners of
record to honor what they have agreed upon and bonded into. Why add another potential
issue?
4) If we process the various units of Bristol Bay for final acceptance, we are taking away all the
financial security that the city would need as a first step in terms of lien to hold against the
developer to honor these concession agreements.
5) 1 had heard that Pulte will be taking over this development. If this is true, this would allow
Centex to sell and get out of this development upon release of final acceptance of these
various units. What good is an angreement with Centex if they will no longer be an active part
of this development and have no more financial investment in Bristol Bay. Wouldn't it be safer
to get an agreement and bonding security with Pulte?
Please vote no to this Agreement HI11 1111!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wind Energy Ordinance - Second Reading
Comments:
Under General Provisions - Under A Permitting, Part b.
1) Please include cost for staff or hired personnel for time and labor associated with visitation,
legal consultation, and remediation.
Under B, Compliance -
http://webmail.aol.com/42951/aol/en-us/mail/PrintMessage.aspx 5/26/2009
Tonight's City Council Meeting - URGENT Page 2 of 2
1)George has asked staff for a detailed explanation of the current standards of the IBC, FAA
requirements, and or any other state or federal government agency that specifically and
adequately regulates compliance? George has not been given an answer to this question. Are
these codes sufficient enough to regulate these systems by Yorkville's standards?
Under C, Building Code/ Safety Standards
1) Are there any state or local written building codes that apply to wind energy systems of this
nature that are totally inclusive of all aspects of maintenance of these systems.
Under G, Abandoned Systems, Last Sentence
1) This sentence is too vague and needs a time limit for restoration completion.
Under B, Fees
1) George believes that the permitting fees are not enough. George's suggestion is $200. This
would help to regulate the residents that may want to put up a cheap, possibly unsafe, do -it-
yourself system that may be aesthetically unpleasing to the neighbor an possibly cause reason
for concern. These systems do exist online and can be purchased for under $200.
Under C, Mounting
1) How does the local building code specifically control and regulate the mounting of a rooftop
wind energy system? Shouldn't we have a way to specifically enforce improper mounting?
Final Parting Suggestion:
This ordinance needs to state or specify reputable mfg's with an "or approved equal clause" in
order to prevent suspect or cheap and aesthetically unpleasing systems that may cause any
reasons for concern by adjoining property owners in terms of risk to property values, saftey,
and nuisances.
Wally,
Please forward this along to Jackie and or anyone else you see fit for the record either before
and or after you make these comments on my behalf.
I appreciate you doing this for me. Please call me on my cell if this is an issue and confirm that
you have received this message.
Thanks,
George Gilson Jr.
Alderman - Ward 1
http://webmail.aol.com/42951/aol/en-us/mail/PrintMessage.aspx 5/26/2009
REGULAR CITY COUNCIL MEETING
May 26, 2009
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Tonight's City Council Meeting - URGENT Page 1 of 2
From: gilsonward1 @comcast.net
To: yorkvilleone @aol.com
Cc: gilsonward1 @comcast.net
Subject: Tonight's City Council Meeting - URGENT
Date: Tue, 26 May 2009 8:58 am
Wally,
need to ask a favor of you! I will not be able to attend the city council meeting tonight due to
being called to got to Iowa today and tomorrow. Can you please read my opinions on my
behalf for the record this evening as follows:
PW #1 - Bristol Bay Collector Road Surface Course Agreement - George Gilson is strongly
against this concession to Centex for delay of the paving of Rosenwinkel & Bristol bay Drive
for a multitude of reasons. These reasons include:
1) Our Subdivision Control Ordinance specifically requires that the surface course be paved on
all streets prior to final acceptance!
2) In the current economic downturn, George feels that this concession only puts the liability on
the city for Centex to honor the bonds and agreement they have presented for this concession.
The city has too many liabilities on their hands to deal with now, we cannot afford another one
via this concession.
3) There is no foreseeable boom in home building going on anytime soon. If you look at the
agreement, Even if Centex were to finish the paving in 09. The city would have a one year
warranty on this work. This would bring the liability down to 1 year max from 2010 to 2011. For
the one year worth of potential damage to the street, I do not see this concession as a sensible
one. We currently have similiar issues that we are dealing with in Windett Ridge, Raintree,
etc.., where we are having to expend a lot of time and effort to get the developers / owners of
record to honor what they have agreed upon and bonded into. Why add another potential
issue?
4) If we process the various units of Bristol Bay for final acceptance, we are taking away all the
financial security that the city would need as a first step in terms of lien to hold against the
developer to honor these concession agreements.
5) 1 had heard that Pulte will be taking over this development. If this is true, this would allow
Centex to sell and get out of this development upon release of final acceptance of these
various units. What good is an angreement with Centex if they will no longer be an active part
of this development and have no more financial investment in Bristol Bay. Wouldn't it be safer
to get an agreement and bonding security with Pulte?
Please vote no to this Agreement !!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wind Energy Ordinance - Second Reading
Comments:
Under General Provisions - Under A Permitting, Part b.
1) Please include cost for staff or hired personnel for time and labor associated with visitation,
legal consultation, and remediation.
Under B, Compliance -
http:// webmail.aol.com/42951 /aol /en -us /mail /PrintMessage.aspx 5/26/2009
Tonight's City Council Meeting - URGENT Page 2 of 2
1)George has asked staff for a detailed explanation of the current standards of the IBC, FAA
requirements, and or any other state or federal government agency that specifically and
adequately regulates compliance? George has not been given an answer to this question. Are
these codes sufficient enough to regulate these systems by Yorkville's standards?
Under C, Building Code/ Safety Standards
1) Are there any state or local written building codes that apply to wind energy systems of this
nature that are totally inclusive of all aspects of maintenance of these systems.
Under G, Abandoned Systems, Last Sentence
1) This sentence is too vague and needs a time limit for restoration completion.
Under B, Fees
1) George believes that the permitting fees are not enough. George's suggestion is $200. This
would help to regulate the residents that may want to put up a cheap, possibly unsafe, do -it-
yourself system that may be aesthetically unpleasing to the neighbor an possibly cause reason
for concern. These systems do exist online and can be purchased for under $200.
Under C, Mounting
1) How does the local building code specifically control and regulate the mounting of a rooftop
wind energy system? Shouldn't we have a way to specifically enforce improper mounting?
Final Parting Suggestion:
This ordinance needs to state or specify reputable mfg's with an "or approved equal clause" in
order to prevent suspect or cheap and aesthetically unpleasing systems that may cause any
reasons for concern by adjoining property owners in terms of risk to property values, saftey,
and nuisances.
Wally,
Please forward this along to Jackie and or anyone else you see fit for the record either before
and or after you make these comments on my behalf.
appreciate you doing this for me. Please call me on my cell if this is an issue and confirm that
you have received this message.
Thanks,
George Gilson Jr.
Alderman - Ward 1
http:// webmail.aol.com/42951 /aol /en -us /mail /PrintMessage.aspx 5/26/2009