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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 i COMMITTEE OF THE WHOLE & CITY COUNCIL MEETING a August 28, 2007 PLEASE PRINT NAME: ADDRESS: 2,1 Lai oT -3(j pl ya" �Q914;o SIGNIN I 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