City Council Minutes 2007 08-28-07 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. AUGUST 28, 2007.
Mayor Burd called the meeting to order at 9:47 P.M and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I Leslie Present
Werderich Present
Ward II Golinski Absent
Plocher Present
Ward III Mums Present
Sutcliff Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City
Administrator Olson, Director of Public Works Dhuse, Police Lieutenant Hart, Director of Park &
Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City
Engineer Wywrot
QUORUM
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
Mayor Burd made the following amendments:
• Item 43 — Request for Mechanical Amusement Device License — Sawmill Pizza from under the
Mayor's Report and Item 41 - Ordinance Amending City Code Regarding Patio Licenses from
the Public Safety Committee Report were moved from the regular agenda to the consent agenda.
• The public hearing was removed from the agenda at the petitioner's request.
Mayor Burd entertained a motion to table the public hearing. So moved by Alderman Leslie; seconded by
Alderman Spears.
Motion approved by a viva voce vote.
Alderman Spears amended the agenda by asking that Item 92 — Requests for Sponsorships under the
Mayor's Report be removed from the agenda and sent back to the Human Resource Commission for
review.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Tuesday, September 4, 2007
City Hall Conference Room
Economic Development Committee 7:00 P.M., Tuesday, September 18, 2007
City Hall Council Chambers
Administration Committee 7:00 P.M., Tuesday, September 4, 2007
City Hall Council Chambers
Public Safety Committee 6:00 P.M., Tuesday, September 18, 2007
City of Yorkville Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
The Minutes of the Regular Meeting of the City Council — August 28, 2007 — Mee 2
CITIZEN COMMENTS
Elsie Morganegg, Prairie Meadows subdivision, addressed the Council and expressed her concern with
the Library tax issue. She stated that she moved into Prairie Meadows in August of 2006 and she is now
being billed for a tax that applied to 2005 when her house did not exist 2005. She did not feel it was fair
for people who were not living in their residences in 2005 to pay for a tax that was mistakenly not applied
to the real estate tax bills.
Carol Foster of Fox Hill subdivision thanked Chief Martin and the Police Department for addressing the
trucks pulling out of the Kohl's construction site onto Route 34. She questioned why the temporary light
has not been installed at the Route 34 and Sycamore intersection. She noted that a new traffic light has
been installed on Route 47 just north of Route 71. She stated that she was stopped by the light for only
one car to go through the intersection from the shopping area. She commented that there was a quote in a
local newspaper which stated that the traffic light at Sycamore was a public safety need. City Engineer
Wywrot explained that the contract for the light design was issued in July and the plans need to be
submitted to IDOT. This should happen next week and he anticipated that the Sycamore temporary light
would be installed late this year. He further commented that the Route 47 light that Ms. Foster noted was
designed two years ago. Ms. Foster noted that the bases for the Sycamore lights were installed six years
ago.
Mark Johnson 204 Georgiana commented that the city will have to check with Kendall County on how
the Library tax was applied. He stated that 105% of a real estate tax bill is typically planned for at a
house closing. He explained that he went to a realtor website which indicated that there were 297 closing
in 2006 and 214 in 2005. He stated that if $100.00 to $200.00 in tax was applied, this would equal
approximately $60,000.00 to 120,000.00 in possible lost funds to the city.
Todd Milliron, 61 Cotswold Drive, commented hat the Library tax is a problem that came from the
previous administration and was the responsibility of the prior Finance Director. He stated that it was in
the realm of her responsibility "to do that levy correctly" and it didn't get done. He stated that the
solution being applied was developed by former mayor Art Prochaska and former city attorney
John Wyeth. He stated that the citizens want this dealt with fairly_
Mr. Milliron went on to comment on the Mechanical Amusement License. He stated that he has done
research on this and the only business to have a City Council vote was Legends Sports Bar. He stated that
he asked to see the licenses and the votes for five other businesses and it appears that there never was a
city council vote on the other licenses. He noted that it appears that Sawmill Pizza, under its former
ownership, never had a license. Mr. Milliron went on to discuss several more businesses however
Alderman Spears interrupted t explained to him that the City Council realizes there was a problem with
issuing licenses and it is being addressed.
Mr. Milliron also read from a new law regarding annexations located within 1.5 miles of corporate
boundaries which states the property is subject to the ordinances and control of the municipality.
Properties located more than 1.5 from the corporate properties are subject to the ordinances, control and
jurisdiction of the annexing municipality unless the county board retains jurisdiction by an affirmative
vote of 2/3's of its members. He stated that this law becomes affective in January 2008. He stated that
this gives county citizens a chance to talk to the county board members regarding fixture annexations that
it applies to. He gave this information to Attorney Roth.
CONSENT AGENDA
1. Request for Mechanical Amusement Device License — Sawmill Pizza — approve as presented,
subject to approval by the city's zoning department and also the Kendall County Health
Department (COW 2007 -17)
2. Ordinance 2007 -58 - Amending Sections 3- 3 -4 -5F of Chapter 3 (Liquor Control) of Title 3
(Business and License Regulations) of the United City of Yorkville City Code — subject to legal
review (PS 2007 -16)
Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman
J Leslie; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Leslie -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL
Director Miller reported that the next ZBA meeting is scheduled for September 5, 2007 and the next Plan
Commission meeting will be held on September 12, 2007.
The Minutes of the Regular Meeting of the Citv Council — August 28. 2007 — nase 3
Mayor Burd reported that the Plan Commission is holding a regional planning session meeting on
September 20, 2007 at the Yorkville Library. Director Miller noted that the subjects discussed will be
traffic and congestion.
MINUTES FOR APPROVAL
A motion was made by Alderman Munns to approve the minutes of the City Council meeting from Depo
Court of July 24, 2007; seconded by Alderman Spears.
Motion approved by a viva voce vote.
A motion was made by Alderman Munns to approve the minutes of the Committee of the Whole meeting
August 14, 2007; seconded by Alderman Spears.
Motion approved by a viva voce vote.
A motion was made by Alderman Munns to approve the minutes of the Ward H Meeting of August 6,
2007; seconded by Alderman Spears.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board
Report dated August 21, 2007 totaling the following amounts: checks in the amount of $579,054.74
(vendors); $239,166.95 (payroll period ending 8/18/07); for a total of $818,221.69; seconded by
Alderman Spears.
Motion approved by a roll call vote. Ayes -6 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutchff -aye, Besco -aye, Leslie -aye
Alderman Werderich was not present for the vote.
REPORTS
MAYOR'S REPORT
State of the City Report
(COW 2007 -14)
Mayor Burd read her State of the City address to the City Council (see attached)_
CITY COUNCIL REPORT
None.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Powell presented the Treasurer's Report for July 2007_ The beginning balance as of July 31,
2007 was $16,110,642.00. Revenues in July were $5,940,252.00 and expanses were $4,544,348.00 for an
ending balance of $17,506,546.00.
Mayor Burd entertained a motion to approve the Treasurer's Report as presented. So moved by
Alderman Leslie; seconded by Alderman Besco.
Motion approved by a viva voce vote.
CITY ADMINISTATOR'S REPORT
Interim City Administrator Olson presented his last report as Interim City Administrator to the City
Council. He thanked the City Council for the opportunity for serving them the last ninety days. The new
City Administrator, Brendan McLaughlin, will be taking over on September 11, 2007.
Mr_ Olson then deferred to the staff for an update on a gas leak. Lieutenant Hart reported that the gas leak
on Cannonball Trail had been stopped by NICOR. An 8" gas main ruptured at about 3:00 p.m. causing
Kendall County offices, local residents and the Kiddie Kampus Preschool to be evacuated. There were no
injuries and the leak is under investigation by NICOR.
i
The Minutes of the Regular Meeting of the Citv Council — August 28, 2007 — Daze 4
Public Relations Officer Spies added that she emailed the local news organizations at 8:07 p.m. that it was
clear for local residents to return to their homes ion the area.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that he attended an IDOT meeting regarding the resurfacing of Route 47 from
l Route 126 to Route 34. The project is scheduled to begin on September 10, 2007 and IDOT will be
working between 7:00 p.m. to 5:00 a.m.
CHIEF OF POLICE'S REPORT
Lieutenant Hart reported that Officer Shirley Kubicz has resigned effective immediately, the department
is preparing for Hometown Days; Officers Pleckham and Delaney have received their Bachelor's Degree
and the department's DARE car won second place in a recent car show.
DIRECTOR OF PARKS & RECREATION'S REPORT
Director Mogle thanked everyone who participated in the community playground build at Hiding Spot
Park. He reported that volunteers dodged the rain and finished the project in one day. He noted that the
new playground equipment has been well received by the neighborhood. He also distributed the
Hometown Days schedule of event to the City Council. He asked any one interested in volunteering to
please contact him.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Director Miller reported that the civil engineer position has been filled by Jacqueline Dearborn who has a
background in architecture and civil engineering. He noted that she has also worked for the Army Corps
of Engineers.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported that they are still looking for volunteers to man the 59 Anniversary Celebration
booth at Hometown Days. Mayor Burd congratulated Mrs. Spies on her involvement with the Rolling of
the River event. Mrs. Spies organized gift bags and ice cream for the event. Mayor Burd also thanked
the Park Department staff for their help with the event.
COMMUNITY & LIAISON REPORT
KenCom Executive Board
Alderman Spears reported that she attended the KenCom Executive Board meeting where they discussed
911 services (dispatch calls are up 60% with out any staff increase) and the resignation and retirement of
staff members. The board also authorized an outside consultant to review KenCom's system, staffing,
etc.
North East Agency on Aging
Alderman Spears reported that she attended the North East Agency on Aging. There will be a Senior
Lifestyle Expo held on September 5"' and 6 2007 at Drury Lane in Oak Brook. Chicago Bear great
Gayle Sayers will be there along with 90 venders. There will also be a Senior Idol event and discount
tickets to the Drury Lane theatre production of the "Odd Couple" will be available. She noted that last
year about 4,000 seniors attended the event.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(� Ordinance 2007 -59 Kalant Development
Authorizing the Execution of a Development Agreement
(EDC 2007 -24)
A motion was made by Alderman Leslie to approve an ordinance approving and authorizing the execution
of a Development Agreement with Dan Kalant and Hitesh Patel ( "Owner "), as presented, and authorize
Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -6 Nays-0
Sutcliff-aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Besco -aye, Leslie -aye
The Minutes of the Regular Meetine of the Citv Council — August 28, 2007 — oage 5
Ordinance 2007 -60 Kalant Development — Rezoning
(EDC 2007 -24)
A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain
property from Route 47 -2 to B -2 zoning classification, as presented seconded by Alderman Spears.
Motion approved by a roll call vote_ Ayes -6 Nays -0
Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Besco -aye, Leslie -aye, Sutcliff-aye
Ordinance 2007 -61 Tuscan Plaza
Approving First Amendment to the Redevelopment Agreement
for the Downtown Redevelopment Project Area
(EDC 2007 -30)
A motion was made by Alderman Leslie to approve an ordinance approving the First Amendment to the
Redevelopment Agreement for the Downtown Redevelopment Project Area, as presented, and authorize
Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Besco -aye, Leslie -aye, Sutcliff aye, Munns -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Resolution 2007 -48 Amending Employee Manual Regarding Comp Time
(ADM 2007 -26)
A motion was made by Alderman Munns to approve a resolution amending United City of Yorkville
Employee Manual regarding Comp Time Policy subject to legal and staff review; seconded by Alderman
Leslie.
Alderman Munns explained that this amendment has been discussed by the Committee for some time.
After some research it was determined that 240 hours was too much comp time so this was revised. Also,
employees have two years to use their comp time or they will lose it.
Assistant City Administrator OIson noted that he discussed the change with the employees and Director
Mogle complimented Mr. Olson on a fine job in presenting this to the employees.
Motion approved by a roll call vote_ Ayes -6 Nays -1
Werderich -aye, Besco -aye, Leslie -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -nay
ADDITONAL BUSINESS
Outdoor Group
Alderman Werderich commented that the Rolling on the River event was successful and he thanked
everyone who worked on it. He noted that he is trying to organize an outdoor camping/cycling group and
anyone interested should contact him.
Hometown Days Flyer
Alderman Spears reported that residents living around the Beecher Center received flyers regarding
Hometown Days Fireworks inside their mailboxes. She noted that this was illegal and asked that it be
investigated as to who placed the flyers in the mailboxes.
Library Levy
Alderman Spears commented that Mrs. Morganegg purchased vacant farm land and the library tax for
2005 should have been minimal.
Hiding Spot Park
Alderman Plocher thanked the staff that helped with the community build at Hiding Spot Park. Alderman
Sutcliff commented that the park is now full of children and their families enjoying the park. She stated
that it has been a big success.
John Street
Alderman Sutcliff expressed her concern that the residents living I the area of the gas leak had no other
outlet except Cannonball Trail. She suggested that John Street be finished in order to create more access
to the area.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman
Besco.
The Minutes of the Regular Meeting of the Citv Council — August 28. 2007 — nage 6
Motion approved by a viva voce vote.
Meeting adjourned at 10:42 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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August 28, 2007
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State of the City
During my campaign, I outlined several initiatives that I wanted to accomplish if elected
mayor. One such goal, as we all recently read about in the newspapers, is to use a
dedicated 25% of new sales tax revenues to fund street improvements in the older parts of
the city, a suggestion I brought back with me from last year's Illinois Municipal League
conference and which I mentioned to the Council when I was still an alderman. I would
like to have the staff develop incentives that encourage developments to use local
contractors on their projects. I also would like the Council to consider amending city
ordinances to meet with green building standards and to offer incentives to builders to
follow environmentally friendly design practices. The Illinois General Assembly has
recently passed legislation, the Green Neighborhood Award Act, that will designate three
LEED certified developments to be eligible for grants through the Illinois Dept. of
Commerce and Economic Opportunity. The state is moving to protect the environment
and save energy, as are some of our adjoining communities. I think it is time Yorkville
joined in this endeavor.
Walking around Yorkville earlier this year, I talked to many residents who said they
would like to see more green space and less density in our city. They said they want the
city to be more pedestrian friendly; some wanted more bike paths. Many said they
wanted us to do better planning for the future. They want us to work with our
neighboring communities and other taxing bodies, such as the school district, to solve
problems, because the problems that beset us are not just our problems. They are
problems that we all are facing.
For the past four months, we -- the City Council, city staff and I, have been going
through a time of transition. Part of this transition process involved finding a new city j
administrator whom we can trust to work with us. We have accomplished this important
goal with the hiring of Brendan McLaughlin who will be onboard beginning on Sept. 10.
In addition, the city's new Plan Commission chairman, Anne Lucietto, has already
reached out to neighboring communities to hold joint regional planning sessions to
discuss mutually identified problems. The first session was well attended, and the next
one, with transportation as a topic, will be held on Sept. 20 at 7 p.m. at the library. Ms.
Lucietto, following state statute authority for the Plan Commission, has also already
begun the process to develop a new comprehensive plan. City staff and I have begun
working on a boundary agreement with Montgomery and shortly will begin talking with
Joliet, Millbrook, Plattville and Newark officials to see if we can come to an agreement
with each of them. At my request, staff has been attending Green Design workshops and
seminars to become familiar with LEED standards and what other municipalities have
accomplished. We will be providing you with this information as we get it. I'd like to
thank you for recently endorsing the Metropolitan Mayors Caucus Greenest Regional
Compact that outlines some initiatives that we have already begun implementing, like
using energy efficient light emitting diodes in our traffic lights, and others that we will be
discussing in the future, like amending the subdivision control ordinance to expand the
tree canopy planting policy to include all city neighborhoods, not just those in new
developments. Next month I will be setting up an ad hoc citizens advisory committee on
environmental issues to aid us in continuing these initiatives. These are some of the
things that have been undertaken during the last few months,
Recently, several aldermen commented during a City Council meeting that they feel
they've been left out of the loop on some city issues . I took those comments very
seriously. As mayor, I am committed to keeping you all informed so that you can make
good decisions. I really am in favor of open government. Our interim City Administrator,
Bart Olson, has done an outstanding job providing weekly updates on the staff's and my
activities, and on every topic that has been discussed at all out meetings. He has even at
times taken it upon himself to call aldermen when they have missed meetings to update
them. I believe this City Council probably gets more of this type of information than any
other Council in the entire state. So why were some of you so upset? Perhaps what you
were saying was that there wasn't the kind of dialogue going on that would make you feel
like you were a part of the governing process. That kind of dialogue requires your
continuing input, not just the staff and mayor's output.
Despite all of the comments I've made tonight about my goals and objectives, I want to
make it clear that I do understand it is really the entire City Council's goals and
objectives that are what matter. The mayor doesn't vote. You are the ones who will vote
to form the policies and the laws. In September, we will have the opportunity as a
Council to review the opinions compiled during the community forums held earlier this
year, and then we as a group will be able to come up with a vision of how we want the
United City of Yorkville to progress. It has to be our vision, not my vision. Once we
have this vision in place, hopefully by October, we will need to work together to come up
with specific goals and do strategic planning so that our vision will become a reality. We
will need to participate in working sessions where we can sit down and speak openly
with each other so that we can get to know the special knowledge and life experiences
that each one of you can bring to our mutual tasks.
We need to understand the role that each of us is meant to play in the process, and how
the law directs us to act. We need to learn how we as a group can intermesh to form a
governing body that works honestly, openly and with integrity, committed to treating
everyone fairly, with mutual respect for differing views.
We have a lot to accomplish; we have many issues to resolve. I look forward to an
interesting and exciting four years.
I