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City Council Minutes 2012 01-10-12 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,JANUARY 10,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, and Executive Director of the Y.E.D.C. Dubaj is QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski stated that the Council is removing Item#PC 2011-10 and ZBA 2011-02 from the agenda for the petitioner asked for that to be removed. Alderman Funkhouser requested that Item#4 on the Consent Agenda, PW 2011-57, be moved to the regular agenda under Public Works. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificate of Recognition for Eagle Scout—Brandon Beerup Mayor Golinski presented a certificate of recognition to Brandon Beerup for the achievement to the rank of Eagle Scout. PUBLIC HEARINGS None. CITIZEN COMMENTS Jerry Bannister, republican nominee for the Kendall County recorder, hopes to be the recorder in December of 2012. He looks forward to working with all the villages in Kendall County. CONSENT AGENDA 1. Bills for Payment-$684,729.70 (CC 2012-01) 2. Ordinance 2012-01 Renaming Wheaton Avenue to Boombah Boulevard—authorize Mayor and City Clerk to execute EDC(2012-05) 3. Request to Dispose of Vehicles—authorize Police Department to dispose of the following vehicles: MI —2006 Dodge Charger, M10—2006 Chevy Impala, M14—2003 Ford Crown Victoria, seized 2002 Ford FI50, seized 1996 Oldsmobile 88(PS 2012-02) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-aye, Teeling-aye, Kot-aye MINUTES FOR APPROVAL 1. CC 2012-02 Minutes of the City Council—December 13, 2011 2. CC 2012-03 Minutes of the City Council—December 27, 2011 The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 2 of 8 Mayor Golinski entertained a motion to approve the minutes of the regular City Council for December 13, 2011 and December 27, 2011 as presented. So moved by Alderman Spears; seconded by Alderman Kot. December 13, 2011: Alderman Spears, Page 2 of 7,Mayors Report, 3`d paragraph, 2nd sentence, should state maximum, not majority. Page 4, 2"d paragraph, should state it is the tax payer's money. Alderman Funkhouser, Page 4, 2nd paragraph, 5`"line, should read policy of reducing our fees. Alderman Milschewski, Page 2, Tax Levy, 3`d Paragraph, 4t"line, reduce the Levy not Ordinance. Page 2 of 7—last paragraph-Need to make who made motion clear which Alderman Colosimo seconded. December 27, 2011: Alderman Gilson, Page 3, it should be Mayor Golinski. Alderman Colosimo questioned on Page 3 if he said the word appreciated. City Clerk Warren checked tape and he did say that. She quoted his statement in the minutes. Alderman Colosimo had a change on page 3,where City Administrator Olson stated As long as everyone is aware of the legal obligation the Council is creating by taking no action. He thought is should be worded a different way. After review of the tape, City Clerk Warren had the statement correct. Changes were not made. Alderman Kot, Page 4, 3`d paragraph, should be pay not paid.Page 4, 3`d paragraph, last sentence should read: He will support sending it back to committee. A motion was made by Mayor Golinski to approve the minutes as amended. Amendments approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150,Public Employees Division and the United City of Yorkville (CC 2012-04) Mayor Golinski moved this item to the end of the meeting, after the executive session. River Road Bridge Local Agency Agreement for Federal Participation and Phase III Construction Services Engineering Agreement (CC 2012-05) Mayor Golinski entertained a motion to approve a local agency agreement for federal participation between the United City of Yorkville and the state of Illinois Department of Transportation and to approve a construction engineering services agreement for federal participation between the United City of Yorkville and Engineering Enterprises Inc. for the River Road Bridge project and authorize the Mayor and city clerk to execute both agreements. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. City Administrator Olson reviewed how the City's portion is budgeted for Alderman Gilson. The City does expect a March bid letting, and does not expect invoices to come from the state until next fiscal year. The state has money anticipated to be budgeted in the citywide capital fund. The Council has to have the agreement approved tonight. Alderman Gilson believes it needs to be done,but hates approving it when the City does not have this in its budget. He hopes the City comes up with the money. If not,then the City's motor fuel tax will be taken. Alderman Colosimo stated the City anticipated $400,000 and now it's going to be $484,000. Is the City going to be able to work this in?City Administrator Olson stated yes. The next couple of years may get dicey. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Kot-aye, Colosimo-aye, Spears-aye, Munns-aye, Milschewski-aye, Gilson-present,Teeling-aye, Funkhouser-aye Safe Routes to School Update (PW 2011-71) Mayor Golinski stated the city is looking for some direction. EEI Engineer Sanderson met with IDOT and state officials in December to get direction. The City was awarded a $230,000 grant,but there were not enough grant funds to do all of the sidewalks that were on the original application.The draft letter is a result of that meeting. Officials gave Mr. Sanderson a few alternatives. He has to put together a letter, send it back to the state and have them officially respond to the City's request. The City is looking for direction and approval on submitting the letter. Three options were outlined.The first option was to request additional funds to construct everything that was identified within the original application. The second was reducing the sidewalk width to 4 feet. This would allow the City to stay in budget range. The last option was the City stays with 5 feet and stays within those budget constraints. City Administrator Olson stated the City had asked originally to reduce the scope of the sidewalks in width in certain areas and were told no.Now they are stating that is acceptable. EEI Engineer Sanderson stated there has been a change on how the Safe Routes to School program has been The Minutes of the Regular Meeting of the City Council—January 10,2012—Page 3 of 8 managed. Alderman Colosimo thinks since the City has a new set of eyes looking at it to go with option one and ask them to provide the City more money. Let's get some of our tax dollars back in Yorkville. Have them pay for the sidewalks as originally proposed. That would be his recommendation. Alderman Gilson agrees. EEI Engineer Sanderson stated they suggested the City ask for money. They want these options laid out. They are not guaranteeing that money is going to be available. City Administrator Olson stated the City did not want to expand the scope of the grant and incur additional expenses without getting Council's direction. Alderman Kot stated in some old neighborhoods, the 5 foot sidewalks are too much. He insists on four foot sidewalks. Alderman Gilson asked would that be a hybrid. The City should do the 4 footers but keep option one where IDOT pays for everything. Mayor Golinski stated the City wants four footers but the City doesn't want to remove all these, so the City needs more money. EEI Engineer Sanderson stated the City needs approval to send the letter, for it is under a major time crunch. Alderman Milschewski wants to ditto on Alderman Kot about the 4 foot sidewalks. The 4 foot is more in character of that neighborhood. EEI Engineer Sanderson stated he agrees the City should be able to hold it to 4 feet. Alderman Funkhouser liked option one. Option two makes sense. He wants to remove option three for it reduces the City's scope. Alderman Gilson asked if the council is going to take a consensus, and then decide on an option. If the Council is saying it should take a little of everybody's opinion, put it together, and come up with a consensus, it should be a hybrid.The City is getting the best of both worlds. See what happens, and if they say no then we come back and look at the other options. Mayor Golinski concurs. The City is at 4 foot sidewalks or more money. PUBLIC WORKS COMMITTEE REPORT Ordinance 2012-02 Establishing Minimum Fines for Ordinance Violations (PW 2011-57) Mayor Golinski entertained a motion to approve an ordinance establishing minimum fines ordinance violations. So moved by Alderman Milschewski; seconded by Alderman Gilson Alderman Funkhouser stated the fines that were modified in section 5-3-12, should be part of at 5-3- 600 the drug paraphernalia. Modifications need to be flipped. If the City can correct that, he is fine with the ordinance. Drug paraphernalia takes the higher fines. Mayor Golinski asked for a roll call of this vote as amended. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye, Munns-aye, Milschewski-aye, Gilson-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2012-03 Adopting New Residential Construction Incentive Program (EDC 2012-04) A motion was made by Alderman Munns to approve an ordinance adopting the new residential construction incentive program and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Munns said this came out of EDC and there was a positive vote to bring it to City Council. Builders presented a program to Yorkville that had worked in some cities. They thought it was worth a try. Yorkville has many vacant lots. The information was a$5000 lowering of the City's fees and the builder giving$5000 to potential home buyers. Mayor Golinski invited Aladdin Nassar to speak to the Council. Aladdin Nassar,vice president of Meadowbrook Homes, addressed the Council. Meadowbrook Homes is a locally owned home-building company. In 2004 it invested over$5 million in Yorkville. They purchased 160 acres near Route 71 and Route 47 with the intention of developing it for single-family residential construction. The closing was in 2005, and it became apparent the market was unsustainable. They have 160 acres in Minooka where 379 homes were also sitting dormant. In 2008, 2009 and the first part of 2010 they sold zero homes. They normally sold around 100 a year. They barely survived. In the middle of 2010 Minooka introduced an economic stimulus program which turned the company around. The village and builder contributed $5000 each to the same fund. The village would cut the new home buyers a check for$10,000 at closing. Minooka reached out to Meadowbrook Homes for they survived. When Minooka introduced this program, Meadowbrook took a hard look at costs and realized in this economy, a homebuilder is not competing with other builders,but with the foreclosure market and short sell distressed properties. They needed to start with a bang if they were going to reactivate things. They include upgrades that other builders charge extra for. They don't build a cheap product, but the price is fair. In September of 2010, they re-launched Arbor Lakes. His company offered a four bedroom 2 1/2 bath homes with many upgrades, for$169,900, after the $10,000 cash rebate from the village of Minooka. In 16 months they sold 47. There are 2 spots in Yorkville which are 100 developed lots each. Mr.Nassar thinks with this type of program similar and with a permit fee structure his company can exceed the success that they had in The Minutes of the Regular Meeting of the City Council—January 10,2012—Page 4 of 8 Minooka. Yorkville is a much more desired location with better amenities, and the stimulus program would be a huge benefit.Minooka renewed this program till 2013, due to the success. The City gives up a little in permit fees upfront. Before they invest another$2 million in either one of these two properties, they were hoping to have the program in place to move forward confidently. Any community they go into they would not be asking for any deviation from the covenants or the restrictions. They want to be good neighbors and have a net positive for the City. It is important to give buyers that extra incentive to purchase a new home. From an emotional marketing standpoint he feels it is a powerful tool. Alderman Teeling thinks it is a great idea,but she does not like the front funding of any outsourcing inspections. Is there any way the City can get a deposit for any of those inspections. Mr. Nassar stated yes. Community Development Director Barksdale-Noble stated those cost will be in-house. This program would be open to all builders. Alderman Colosimo was glad to hear that this program was not just for Mr. Nassar's company. There is a proposal by staff of 30 permits which can go up or down depending on what the City decides.If the City goes with 30 permits,it would be for all builders on a first come first serve basis. Alderman Colosimo stated the City would be funding$150,000 in incentives and reducing connection fees. That is not included in the savings to the homeowner?City Administrator Olson stated the only reduction that the City is proposing in the actual fee is a municipal building impact fee. The builder will still pay all of the normal connection fees and impact fees at whatever they are in for each subdivision. The builder pays this at the time of occupancy, when the check will get issued. Alderman Gilson does not feel building and development is driven by stimulus packages but by markets, economy, and demographics. The City is forfeiting revenues and will have little to no added impact on growth. Yorkville is not in the position to front fund permits, inspections, and engineering. He doesn't think the City is going to see any added growth when it is competing against foreclosures. He would love to know where that money is in the budget. Alderman Teeling asked what would the City be front funding?Alderman Gilson stated plumbing inspections,permit fees, and engineering,which are three major expenses. Community Development Director Barksdale-Noble stated there is a clause that stated the permit would have to be issued and paid within one year. Alderman Gilson stated so the City is front funding for six months to a year, where is that in the budget. Community Development Director Barksdale-Noble stated the only inspections that the City outsources right now is plumbing. The only other building permits that the City collects are for the ones listed that are city related fees, so if we hold off on those fees until the time of building and final occupancy, the only thing the City will possibly be front funding is if the City had to outsource the plan review or inspection. City Administrator Olson stated for clarification outsource plumbing inspection typically cost $40. City Administrator Olson stated so there is no invoice generated as a result of that.Plan review fees are outsourced after about $900 but in-house the City can review plans. Alderman Gilson stated after hearing how staff has no time to do extra things, suddenly the City is going to put all these added responsibilities on them. The end result is the City is still front funding, and delaying our revenues that would normally come in from six months to a year. The impact is going to be minimal. These types of stimulus packages don't do anything. City Administrator Olson clarified that the City isn't necessarily proposing to change any of its plan review processes or outsourcing inspections as a result of this program. The City would cover the cost of what EEI had to do, and cover it for six months to a year. Mr.Nassar thinks there's something illogical with the argument that the City is forfeiting revenues that would come anyway. The market, economy, and demographics are the only considerations for somebody to come to a town to build. His company found the stimulus program to be absolutely beneficial. The City is not giving up anything. It is positioning itself to get a buyer and giving itself a better shot to get a new resident to Yorkville to take up one of the 9000 vacant lots. This is not a special assessment where the City is on the hook for tens of millions of dollars.It is 30 new buyers,worth $5000 apiece in reduce fees. The City is going to get zero of those fees if no one builds here. It is not like it is revenue guaranteed to come in. Permits aren't cheap. They are about $19,000. He saw a study where home prices are not going to go back to where they were until 2023. He could sell zero lots, but doesn't think that is going to be the case. He wouldn't be risking a substantial amount of capital. Mayor Golinski agrees. You're not forfeiting revenue and developers are not moving forward. Alderman Munns stated there is no revenue without new construction. The City is not losing fees if nobody builds and cannot let past bad ideas and votes cloud each new idea. He is all for giving this program a try. Alderman Funkhouser stated this is economic development.The City also has to think beyond the rooftops. If we can bring in rooftops we are also bringing in retail business or possibly renewing more leases on our business districts that if we don't see growth coming back in here, we're going to start losing some of our tenants, and it is going to have major dollar effects. Those are the bigger issues that the City has financially. If the City loses business tenants it is going to lose a lot more on the tax base. It is 30 homes, it is $150,000, will be holding funds for 6 to 12 months. They are small dollars but it has potential to renew and continue the interest in our community. It has potential and this is a smaller piece than what many communities have done. The City is being cautious with only taking 30, but he thinks this will have a positive benefit to our community. Mayor Golinski stated it is a proven plan for Arbor Lakes is the second fastest-growing subdivision in the Chicago land area. Alderman Spears asked if Mr. Nassar is going to be pricing homes at about $169,000. Aladdin Nassar stated no,they will be higher than that. The starting price needs to be $200,000 or less. Our company will probably start around$190,000 before the incentives. Alderman Spears stated the City has several local builders that have customized built homes, so if Mr.Nassar comes in and lowballs his The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 5 of 8 price, it is going to be rough competition. Mr. Nassar stated maybe the City wants to look and see how many permits were issued last year. Our custom homes are not head-to-head competition, typically with the products offered. The names of our subcontractors are written on their trucks. Anyone is welcome to call and hire them. He believes everybody needs to prosper. His primary concern is making his business a success. Alderman Gilson doesn't believe it is the City's responsibility to get involved in that market. It should be ironed out by the free market. Where in the budget does the City have the money to front fund any of these funds?City Administrator Olson would front fund the inspection fees out of the inspection fee expense line item. If implemented,the City would probably go over budget for 30 homes by a slight amount. The City would be reducing what didn't get reimbursed to the City within a year. Whatever your surpluses is for this year, potentially next year, depending on how long it takes to do that 30 homes. So he thinks Community Development Barksdale-Noble's estimate could be upwards of$1000 a home that is if you have to do a plan review. Some subdivisions have master plans for homes that don't need review each time. It could be as low as $40 or even zero. Alderman Gilson asked Mr. Nassar how many homes he sold since the program has been in place in Minooka. Mr.Nassar stated 47 homes total in 16 months and 40 homes in calendar 2011. Alderman Gilson asked if that was when it was implemented in Minooka and it was. Alderman Gilson stated Mr. Nassar doesn't know that the City doesn't have money for necessities, yet the City is talking about front funding money it doesn't have. There has to be a priority. Let's concentrate on necessities. Mayor Golinski stated the City gets money by increasing the tax base. Alderman Colosimo stated with the $5,000 a home, where is the $150,000 coming from. City Administrator Olson stated in the memo there is a table on page 2 which lists the four fees and then the order that he would essentially reduce them. The builder pays them and the City cuts the check. It would be the water connection fee, the sewer connection fee,the building permit fee,the public works fee in that order, so it doesn't necessarily mean that all four of them would be affected. The City can throw the municipal building impact fee on there,too. The City doesn't have any expenses budgeted out of that fund for the next six years and currently is sitting in deficit from this building. He recommends it is added to that table. Alderman Kot stated the homes have to be sold to somebody who is going to be a permanent resident. How can we verify that?Community Development Director Barksdale-Noble it has to be an individual that is buying the lot for occupancy as a resident. Alderman Kot stated under section 1 letter A the certificate of occupancy has to be issued within one year of the day of the issuance of the building permit. What if that doesn't happen?Community Development Director Barksdale-Noble stated then they don't get the benefit of the program. Mayor Golinski stated the question is do you want the City of Yorkville to bounce back?Alderman Gilson stated the market and the economy drive that, not this. Mayor Golinski stated it did in Minooka. Alderman Teeling stated that if this doesn't drive it then the City isn't out anything. Alderman Gilson disagreed. Community Development Director Barksdale-Noble stated if the permit doesn't come in, the City is not out fees but if it does come in then the City has a new resident to add to our tax roll. Alderman Gilson stated if passed, the City expects this to work and if it works minimally, the City is out for front funding. Mayor Golinski stated the City is increasing sales tax when the new residents go shopping. Alderman Munns stated the City can't be short sighted and not see what happens after people move in. There would be 30 new families that pay school taxes and shop in Yorkville. Alderman Gilson stated where does this end?Alderman Munns stated it ends when development starts coming in like it should in normal economies.These times are different. He is not saying keep this program forever. It might jumpstart 30 houses,the economy gets better, other builders come in and then the City ends it. Alderman Gilson doesn't know how this can be justified. Alderman Teeling stated the City doesn't see any other revenue coming in if rooftops are not added. Alderman Kot asked Mr.Nassar how many people he employees, and how many worked in Minooka?His company has about 9 direct employees but for subcontractors there were about 50 people who had full time work to build those 40 homes per year. He has already started the interviewing process for the sales staff hoping that things work out in Yorkville. One or two people would be hired for sales immediately. Alderman Colosimo is torn and can see both sides. It would make him more comfortable if the City did this as a small test program where there was an end date and a review to see if the City wants to continue it. The ordinance doesn't seem to have an end date or cap besides the 30 homes per year and then the next year and the next. It then becomes something the City can't reign in. At the end date,the Council would review and decide if the City wants to go forward with a long term program. He doesn't think he is comfortable passing it open ended. Executive Director of the Y.E.D.C. Dubajic stated this program would be an excellent marketing tool for the YEDC. Many major retailers are looking to put new stores,retail locations,in communities that have programs such as this. If the City is not doing something that is out of the box to create residential development and additional rooftops in our town, many retailers will knock us off the list. There used to be many locations of retail stores and towns that were trying to attract them. Now there is a very few retailers out there looking at additional sights. Retailers are going to look at towns that are being aggressive to get additional rooftops built. It would be really very beneficial on the commercial side for the City to attract new businesses to our town. Alderman Gilson stated we have heard that story before. Executive Director Ms. Dubajic stated that for a fact every retailer she speaks with asks about this first and foremost. The City has to come up with the right equation and maybe this is it to get the rooftops started. In the year 2011, the City had 43 permits that were issued. It is not enough to make a statement that Yorkville is being very aggressive and want to see additional rooftops. Maybe this is what is going to get us there to break the magic 100 number. That is the number that retailers are looking to see. The Minutes of the Regular Meeting of the City Council—January 10, 2012—Page 6 of 8 Bill McCue, owns McCue builders, has been building in Yorkville for about 20 years.The only way to bring money to Yorkville is rooftops. He learned that the average house brings $160,000 to the community between real-estate taxes,jobs, spending in the community. Every town will be dropping the price of their permits. He made a comment about housing values not coming back until 2023. The great depression took 17 years for house values to come back. There is no reason why it would be any quicker. Fifteen years ago permits were $3,000 in Yorkville. A lot was $32,000.Today a lot can be bought for $10,000. Permit fees in some subdivisions could be up to $27,000. Everybody got greedy, and developers kept raising fees. Fees should be free now.That is the only way you are going to bring money to this community. All of the cities are going to have to jump on the bandwagon and do something. Every house built is still going to have a tax bill. That is money that is coming. Alderman Milschewski asked Mr. McCue if he would take advantage of this program, and he stated yes. He considers himself a semi custom home builder. He has no competitors at this time. Meadowbrook Homes are going to build a different product than him. McCue is typically a little higher in price and might not be able to do something. If not then they get someone who is a little lower end. At the same effect, Meadowbrook Homes might have someone meet with them that want more items done and if Meadowbrook Homes can't do it they can send them to McCue. This is going to be great for everybody.Alderman Gilson stated that the petitioner and attorneys stated that if the City freeze fees and building codes for Blackberry the City would see a substantial increase in permits yet the City has not seen any after agreeing to do as requested. Alderman Munns asked what happened in Blackberry. Mr. McCue said he bought the land in 2005, developed it, and had one builder lined up to buy about 30 to 40 lots. By the time it came to build is when everything started to crumble. The builder backed out of the deal. Alderman Gilson stated this will hurt the City. If this works like it is supposed to,the City doesn't have money. Our budget is deficit. Mr. McCue stated so it won't be a good thing to have 30 new homes. Alderman Gilson stated it is like purchasing an item you don't have enough money for and then finding the money later. He doesn't think the City should run their finances that way. Mr. McCue stated the City has a builder that is willing to try, but there aren't any guarantees. Alderman Gilson's belief is,this is a free market and the City can't put the taxpayers at risk. He finds it wrong to spend money that is not there to try to stimulate something. Mr. Nassar's view is the City is not risking a penny in this deal. What is 100%of zero? 90%of 20,000 are what the city will be gaining if it works. He can't guarantee he will build 40 homes a year in Yorkville. What he discussed at the beginning was all the reasons he is willing to risk millions of dollars to try. Alderman Milschewski said Mr. Nassar mentioned at EDC that this was successful in Minooka that they extended it.Mr.Nassar said there were members of the Minooka City Council, who are conservative, who were huge skeptics at first. In the end, Minooka renewed the program till 2013. The conservative and liberal members all agreed it was net benefit to the city. Mayor Golinski read an article which said in 100%of the cases the $10,000 was the determining factor. Mr. McCue stated if the City does nothing then it is going to get worse. He doesn't understand how $150,000 in permit fees is going to hurt when the City is going to be getting the tax dollars coming back. Alderman Funkhouser made an amendment to 30 permits and 12 month term; seconded by Alderman Milschewski Mayor Golinski stated roll call on the amendment. Motion approved by a roll call vote. Ayes-7 Nays-1 Teeling-aye, Gilson-nay, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye Mayor Golinski stated roll call on the amended original motion. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Colosimo-nay, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay, Kot-aye, Munns-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Ordinance 2012-04 Approving an Amendment to the Annexation Agreement and Planned Unit Development Agreement(Grande Reserve Subdivision) (PC 2011-11) The Minutes of the Regular Meeting of the City Council—January 10,2012—Page 7 of 8 Mayor Golinski entertained a motion to approve an ordinance approving an amendment to the annexation agreement and planned unit development agreement (Grande Reserve Subdivision) and authorize the Mayor and city clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT Resolution 2012-01 to Release Closed Session Minutes (CC 2012-06) Mayor Golinski entertained a motion to approve a resolution to release closed session minutes and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Southwest Fox Valley Cable Telecommunications Consortium Alderman Spears attended the Southwest Fox Valley Cable Telecommunications Consortium. It was held on Thursday, January 05, 2012 at Waubonsee Community College. Board members from Waubonsee, Plano, Sandwich, Yorkville, and Village of North Aurora were present as well as our program director, Mike Rennels. The board discussed Comcast franchise agreement letter.The agreement will expire in 2013 and Chairman of our board, Max Herman, recommended that he contact Mr. Maloney regarding the franchise renewal for all of the communities. The results of the meeting then will be discussed during our March 8 meeting. The quarterly membership fees of invoices were mailed on December 22 to each member and upon receipt of the fees,the date for members quarterly refunds will be determined. On their quarterly report,they successfully have been recording basketball games for Plano, Yorkville, and Sandwich. These games air on Wednesday evenings. They have been very successful with the various communities. Agency on Aging Alderman Spears stated the Agency on Aging topped$100,000 with their various programs that they have. It was the best December for donations and that came with their celebrity brunch program. They had a record-breaking holiday weekend meals delivered. In 2011 they had 31,456 nutritious meals that have been delivered on holidays and Saturdays. In 2010 they had 30,383. YBSD Board Meeting Alderman Gilson reported on the YBSD board meeting from January 09, 2012. Fran, from the County, presented items needed in order to proceed forward with acquiring the land and eventual construction of the River Road Bridge Construction and Dam removal. The County needs documents to proceed which need to be recorded and certified by IDOT in two weeks. The County also proposed the annexation of the Kendall County Hwy., Department and the YBSD. They asked the County to sign and present back to the YBSD next month with a formal review. There was a motion approving documentation for the IDNR agreement of the dam removal and restoration upon review of the law office. The executive director report said that the dissolved oxygen system was working. The grease interceptor of Cobblestone Bakery was discussed.They talked about the Ultimate Sports Bar's grease interceptor there. STAFF REPORT No report. ADDITIONAL BUSINESS WSPY Mayor Golinski stated Yorkville made the top 10 of the WSBY top 10 of 2011. He would like to thank our YEDC executive director, staff, and the Council for making it a very good year for economic development. The Minutes of the Regular Meeting of the City Council—January 10,2012—Page 8 of 8 Meals on Wheels Mayor Golinski stated Meals on Wheels needs drivers. It only takes an hour once a week to volunteer. Many people need the help. If you know of anyone who can volunteer please let them know. YBSD Alderman Gilson said the YBSD would be contacting the City to see if they can put a link on the cities website about how to install grease traps and guidelines for the grease traps. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Kot; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye, Teeling-aye, Gilson-aye, Funkhouser-aye, Munns-aye The City Council entered Executive Session at 8:41 p.m. The City Council returned to regular session at 9:06 p.m. MAYOR'S REPORT CONTINUED Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150,Public Employees Division and the United City of Yorkville (CC 2012-04) Mayor Golinski entertained a motion to approve a collective bargaining agreement between the international Union of operating engineers, local 150,public employees division and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski. Alderman Spears stated her vote is going to be based on just one little section in the agreement that she does not favor, and it has nothing to do with the employees in our public works department. Alderman Munns stated ditto that. Alderman Gilson also agrees. Alderman Colosimo concurs. Motion approved by a roll call vote. Ayes-5 Nays-4 Funkhouser-aye, Kot-aye, Colosimo-nay, Spears-nay, Munns-nay, Milschewski-aye, Gilson-nay,Teeling-aye, Mayor Golinski-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:08 p.m. Minutes submitted by: At� va'41�� Beth Warren, City Clerk, City of Yorkville,Illinois The Minutes of the Regular Meeting of the City Council—January 10,2012 CERTIFICATE OF CORRECTION I, Beth Warren, City Clerk of the United City of Yorkville, do hereby certify that the following is an additional correction to the Minutes of the Regular Meeting of the City Council of January 10, 2012 that was not listed originally: On page 7 of the January 10, 2012 City Council minutes under the Additional Business—W SPY—the sentence which reads"Mayor Golinski stated Yorkville made the top 10 of the WSBY top 10 of 2011" should instead read as "Mayor Golinski stated Yorkville made the top 10 of the WSPY top 10 of 2011". Dated this 20"'day of March, 2012. 4�"11111, Beth Warren, City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING lof,lopry /01 dl01'� PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN REGULAR CITY COUNCIL MEETING Public Comment 2 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: 1 1 1(C-2- �l� r !UJJ� Z-7�>A can�►, SIGNIN