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Committee of the Whole Minutes 2012 06-12-12 APPROVED 7/10/12 MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JUNE 12, 2012, 7:00PM Mayor Golinski called the meeting to order at 7:00pm and led the attendees in the Pledge of Allegiance. ROLL CALL Ward I Gilson Absent Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: City Administrator Bart Olson, City Attorney Kathy Orr, Public Works Director Eric Dhuse, Community Development Director Krysti Barksdale-Noble, Director of Finance Rob Fredrickson, Director of Parks and Recreation Laura Schraw, Chief of Police Rich Hart, Code Official Peter Ratos, Deputy Chief Larry Hilt, EEI Engineer Brad Sanderson, Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. Mayor Golinski announced that the Rec Center would not be discussed at this meeting. CITIZEN COMMENTS: Lynn Dubajic commented on the Push for the Path progress. She said there are presently 75 “Power of 1” Teams that have pledged to raise $1,000 for the bike path. As a result, $56,980 of the targeted amount of $75,000, has been raised. There have also been several fundraisers, raffles and t-shirt sales to raise money. The amount collected as of this date is $64,392 which is enough for the first 4 years of payments. Mark Johnson said he thought the Rec Center would be on the agenda and that it would be helpful to know prior to the meeting what actually would be discussed. But he asked to speak about uncontrolled spending. He said there had been a rally in the park to discuss taxes and also other topics were the Rec Center and Push for the Path. He related a story of a woman living on $10,000 social security and she had a 25% raise in her taxes. Due to this raise, the woman might be forced to move. He said property taxes help to pay Minutes of the Committee of the Whole – June 12, 2012 – Page 2 of10 for the Rec Center. Mr. Johnson said his group would be taking a hard look at the County, school district and other organizations to make cuts. He said they will be rallying people to stop the spending. He stated it costs $500 per person to go to the Rec Center. He asked the Council to not allow the spending to go deeper. Mayor Golinski commented that there will be Rec Center discussions and Public Hearings at 3 future meetings and a vote will be taken in September. unidentified citizen An opened his comments by saying there is a website called “openthebooks.com” which shows various expenditures such as school administrator salaries. He also commented on several other issues as follows. He had attended the Illinois Republican convention in Tinley Park on the previous weekend. Political contribution amounts were also discussed. He noted a future 5% tax to use a satellite dish and a future $1.00 tax on cigarettes. He summarized by saying that all citizens must hold politicians accountable. Don Burks said he had attended a recent committee meeting to explore several options for the Rec Center including an agreement with the YMCA. He also added that about 15 activities do not occur at the Rec Center and said that several activities could take place at other locations. He said schools might be available to help save money. For the record, Mayor Golinski noted that the next Ad Hoc committee meeting regarding th options will be held July 9. David Allen of Rosati’s Pizza stated that he is in favor of the video gaming ordinance and the amendment to permit extended liquor sales. George Tsaliangos, a bar owner said closing the bars at 1:00am is too early and that patrons simply go to the next town where the bars are open until 2:00am. He said it is hard to maintain business with the current closing hours. Lisa Peterson thanked the Mayor for informing the attendees about upcoming Rec Center discussions. She also discussed the tax revolt day and said it was a great opportunity for elected officials to talk with citizens and noted that 2 Yorkville aldermen and 1 County official attended. She told of a River’s Edge homeowner who was uninformed about his tax bill and unable to get help. She suggested that future County bills include a set of printed instructions telling how to get help with understanding the bills. She indicated that her own taxes have increased 70.8% since 2005. She concluded by saying that belts need to be tightened at all levels and citizens are starting to revolt. Tim Johnson stated the City should not make a business out of the Rec Center and that current users will continue to use it. He also reminded voters that some of the Aldermen will be up for re-election. Minutes of the Committee of the Whole – June 12, 2012 – Page 3 of10 MINUTES FOR APPROVAL: 1) April 3, 2012 Economic Development Committee Approved as read by the Economic Development Committee members by voice vote. 2) May 3, 2012 Public Safety Committee Approved as read by the Public Safety Committee by voice vote. 3) May 15, 2012 Public Works Committee bold Corrections requested shown in : there is Page 1: New Business #2: sentence should read “Mr. Sanderson said of a payment consideration ”… st plans Page 2: 1 paragraph, last sentence should read ”..revise some of the ”… ndnd have Page 4: 2 paragraph, 2 sentence should read “..Ms. Noble said it should said”.. ndth the Page 4: 2 paragraph, 4 sentence should read “…because we have to accept subdivision and if they..” st as Page 5: last paragraph, 1 sentence should read “…Alderman Kot asked part…” stnd as Page 6: 1 paragraph, 2 sentence should read “…Alderman Gilson as soon possible.” rdth Oliver Page 6: 3 paragraph, 4 sentence should read “…Harold is waiting..” th Heartland Circle Page 6: 6 paragraph, first sentence should read ”..resident in ..” nd A resident Page 6: last paragraph, the following should be inserted as 2 sentence: “ called her with a concern that subdivision covenants might have been broken.” stnd Page 7: 1 paragraph, 2 complete sentence should read: “ ..asked if there is a way IDOT can…” The Public Works minutes were tabled until corrections are made and will be brought back next month for review. 4) May 17, 2012 Administration Committee bold Corrections requested shown in : ndst allow employees..” Page 2: 2 paragraph, 1 sentence should read “..or not we should thrd B.U.I.L.D. Page 3: 6 paragraph, 3 sentence should read “..city is doing with the program..” stnd Page 4: 1 paragraph, 2 sentence is questionable, committee members asked that tape be re-consulted to determine proper wording. rdnd Page 5: 3 paragraph, 2 sentence is questionable, committee members asked that tape be re-consulted, to determine proper wording. rdst Alderman Page 6: 3 paragraph, 1 sentence should read “..Gilson..” The Administration minutes were then approved as corrected on a voice vote. Minutes of the Committee of the Whole – June 12, 2012 – Page 4 of10 ECONOMIC DEVELOPMENT COMMITTEE ITEMS: New Business: 1. EDC 2012-19 OSLAD Grant Applications a. Riverfront Park Development Grant Ms. Schraw said she has not received any word from the State if the money for the st applications has been released yet. The next application is due July 1 in the event the first one was denied, resulting in a short turnaround time. b. Land Acquisition Grant Ms. Schraw said OSLAD gives land and water conversation grants and these have been discussed with the Park Board to see if there is interest. The pending Riverfront Park was discussed and Ms. Milschewski asked if a second grant could be obtained. Ms. Schraw said it is the same grant. Alderman Colosimo questioned if the City is locked into using that money if the city gets the grant and the terms are not favorable during the negotiations. The City would not be locked in according to Ms. Schraw and she added that the landowner had to be agreeable to the appraisal value and the City must have the funds for the purchase. Ms. Spears asked about the letter of evaluation and if it is the current value. A new appraisal would be needed since the last one was in 2010 and would be dependent on whether or not the Council was in favor of such a purchase. Mr. Olson pointed out that a larger amount of a parcel could be purchased under the current land values. Alderman Spears also asked if there is a penalty associated with a grant if the City does not have the funds. There is a 2-year penalty if an awarded grant is not used, however, State money along with money from the Cor-Lands, would result in no capital outlay. This is a dedicated source of funding and if this funding is not paid out, no grants will be awarded either, according to Mr. Olson. It was agreed to move this item to the City Council consent agenda. 2. PC 2012-01 PUD Ordinance Amendment Ms. Barksdale-Noble said since 2010 the Zoning Commission has held meetings to review the current zoning ordinance and to propose revisions. The significant changes proposed for the PUD Chapter are as follows: 1. PUD’s will revert to special uses rather than districts 2. Revise and streamline the review process 3. Eliminates Park Board review, but allows for a Park Board representative to have a vote on the Plan Commission 4. Establishes a deadline for final plat of approval with a proposal that construction begin no longer than 3 years from approval Attorney Orr added that Ms. Barksdale-Noble spent a huge amount of time in revising this needed amendment. Prior to the economy’s downturn in 2008, a developer would rezone their property with no PUD. Minutes of the Committee of the Whole – June 12, 2012 – Page 5 of10 Alderman Colosimo questioned how the voting Park Board member would be determined. The Park Board will determine which Board member will cast the vote according to Ms. Barksdale-Noble. Ms. Schraw added that the voting person would have a letter of consensus with them to document the Board’s opinion. The committee members approved moving this item to the Council consent agenda. 3. EDC 2012-20 Ordinance for the Sale of Public Property Administrator Olson said this is a resolution for RFP for the bidding process for the old Post Office building. He said it can only be sold through open RFP, however all bids can be rejected. Alderman Colosimo had concerns about selling since it is prime property on the riverfront and will increase in value over time. His other concern is that the City might need the building depending on the rec center and other decisions about building uses. Mayor Golinski shared the same concerns and said the riverfront should be wide open like other towns. Alderman Milschewski said she supported Mr. Colosimo’s opinion and that the City should wait. Sharing this opinion also, Mr. Funkhouser said he does not support liquidation and the viable property falls into the vision plan. Mr. Kot said the matter could be re-visited in 6 months and agrees that no action should be taken at this time. Old Business: None PUBLIC SAFETY COMMITTEE ITEMS: New Business: 1. PS 2012-11 Liquor Code Amendment – Hours of Sale Mayor Golinski asked to have this placed on the agenda after receiving many calls from bar owners. He said it does not make sense for bars to close at 1am on weekends. Alderman Colosimo said he talked with establishments and residents and heard no objections about staying open later. He felt revenue should be kept in the City and the City should be business-friendly. Alderman Kot also supports this amendment. He suggested the police could monitor DUI and disorderly conduct calls for the extra hour they are open and he would like that reported to the Public Safety Committee. The stats will be monitored by Chief Hart who added that Yorkville has responsible bar owners. Alderman Funkhouser also supports later hours and noted that Yorkville has a noise ordinance in place. Ward 4 Alderman Spears also supports this and had no negative feedback from her ward. This item will move to the Council consent agenda. 2. PS 2012-12 Video Gaming Ordinance Many calls were received by the Mayor in reference to this ordinance. He noted the State wants machines in place by August 1. There is an application process, a $25 fee per machine and a license is required. There is a limit of 5 per establishment. Some neighboring towns will be discussing this and the County has already approved gaming. Alderman Colosimo said he is torn between being business-friendly or having the machines. Alderman Munns stated the City could test it and receive some of the Minutes of the Committee of the Whole – June 12, 2012 – Page 6 of10 discretionary dollars being spent. Alderman Kot agreed with this opinion. Businesses want the machines according to Chris Funkhouser, but he said he has mixed feelings. Alderman Milschewski asked how many establishments could have these machines. All A-1 licensed businesses can have them, which is approximately 7 or 8 according to Mr. Olson. This item moves to the Council consent agenda. PUBLIC WORKS COMMITTEE ITEMS: New Business: 1. PW 2012-33 Route 34 Letter of Understanding Laura Schraw said that in 2010 the City had approved a letter of understanding that a trail would be built. In 2012 a letter of understanding was approved for a trail from Rt. 34 & 47 to Timber Ridge Road. The State will cost share at 80/20 which now reduces the local share of this project from $110,000. The City is committed to these trail projects by these letters, explained Mr. Olson. Mr. Colosimo said he could not support these trails since the money is not budgeted and he could not agree to more debt. He asked how many other letters of understanding are still in effect. The cost of completed engineering was questioned by Alderman Spears. Mr. Olson said nothing has been spent for engineering, however, if the City rejects the trail, the City will receive an engineering bill. She asked where the money would come from. It will be budgeted according to Mr. Olson. Alderman Kot said he would support this project, while Alderman Funkhouser will not. This item will move to the Council non-consent agenda. 2. PW 2012-34 Countryside Center Road Maintenance and Snow Plowing Alderman Gilson requested this item be on the agenda to determine the status of the Countryside Center ring road and who will do the snowplowing. The property owner has proposed to close the roads except to the pool supply store. Alderman Milschewski asked about the medical offices there, but said there are alternative ways to get there. Mr. Funkhouser asked if the fire department had commented on this and it was stated the fire personnel can get to the backs of buildings. Mr. Olson said the city will encourage the owner to keep the roads open. This is information only. 3. PW 23012-35 MFT Resolution for 2012 Street Maintenance Program Mr. Sanderson stated the City has $50,000 to spend on the MFT maintenance program. He said Kennedy Road needs repair this fiscal year and he has a proposed resolution to take bids for project completion. Alderman Colosimo said the money would be better spent if it was used on roads that will not be torn up in the next 10 years. However, Mr. Dhuse said that Kennedy Road repair is tied to Autumn Creek building permits. A road Minutes of the Committee of the Whole – June 12, 2012 – Page 7 of10 survey is also being done to determine areas needing repair. He added the City would not get favorable bids if repairs are scattered in various locations. This item will move to the Council consent agenda. 4. PW 2012-36 Parkway Tree Installation – Vendor Proposal As of May 10, 36 trees allocated for parkways for the Tree Planting Program were sold. Staff members have solicited estimates for additional trees for residents still wanting them. The best price found was $77.80 per tree. Alderman Milschewski said she received many calls from Heartland Circle wondering if there are other sources for trees. Ms. Schraw said Homeowners’ Associations might get a better price if there was more business in a concentrated area. Mr. Olson added that there is still an outstanding grant application from Morton Arboretum that could result in reduced costs. Ms. Schraw will prepare materials and place the information on the city website. Old Business: 1. PW 2012-31 LOC Bond Call Policy Ms. Barksdale-Noble said there are approximately 150 letters of credits/bonds. She said staff has developed recommendations to implement new procedures and seeks direction from this committee for these specific questions: Maximum completion times of subdivision improvements 1. Committee recommends 4 years Authorization to grant extensions for improvement completion 2. Fee requirement for extension request 3. $500 fee agreed upon by committee, based on construction date, not calendar. Committee discussed whether or not the road completion is tied to houses being built. Mr. Olson said a Public Works discussion included a unanimous opinion that it’s better to accelerate the maintenance and acceptance of a road Deadline for final road surface coarse installation 4. There was a proposal to tie each step of development to the percentage of buildout, however it was determined this was too cumbersome. Alderman Colosimo said the simpler, the better and recommended basing development on segments rather than percentages. Under this proposal, Ms. Barksdale- Noble said developers must provide a construction schedule. This will not affect current subdivisions. Alderman Teeling asked about bank-owned subdivisions and it was noted they would also have to follow the guidelines. Using staff recommendations, this item will move forward to the Council consent agenda for a vote. ADMINISTRATION COMMITTEE ITEMS: New Business 1. ADM 2012-35 Procedural Ordinance The concept of this ordinance is to have “strong” committees. Presently, the committee members do not have the authority to place items on the agenda and in the past, some Minutes of the Committee of the Whole – June 12, 2012 – Page 8 of10 items died in committee. Alderman Kot asked if this ordinance violates State law. Attorney Orr said while there is no case law to prove this, she said there is a strong case for it. She said it gives power of veto to 3 people and minimizes the power given by State Statute. Mr. Kot asked if an item would remain in committee if 2 of 4 committee members are opposed to a certain item. He said other aldermen not on the committee might be in agreement. He does not support this ordinance. Alderman Munns added that if the current C.O.W. structure continues, this is a moot point. He also stated that committees might discuss an issue at length and that same discussion also occurs at a Council meeting. Ms. Orr said committees primarily are used to foster ideas, rather than kill them. Alderman Milschewski said she could not support this since some of the committees do not have equal ward representation. Ms. Olson said some communities use a system of 2 Aldermen and 4 citizens and more communities use the C.O.W. meeting than the committee system. It was decided to kill this item. Old Business 1. ADM 2012-19 Countryside Development Discussion Administrator Olson recommended against refinancing since the existing TIF money would be lost. YEDC Director Lynn Dubajic said she is working with a commercial developer who hopes to bring in a medium size business to this site. She added that the ability to phase in a development and the available $2 million in TIF incentives has helped accelerate interest in the site. ITEMS RECOMMENDED FOR CONSENT AGENDA: 1. PS 2012-13 Ordinance Amending the Code of Ordinances Adopting Hiring Standards for Part-Time Police Officers No discussion of the ordinance, however, Alderman Colosimo noted that June 14 is the Torch Run for Special Olympics for the Police Department. 2. ADM 2012-36 Prevailing Wage Ordinance This moves to consent agenda. 3. ADM 2012-37 Ordinance Amending City Code Regarding Musical Entertainments Bart Olson said no licenses have ever been issued under this ordinance. 4. ADM 2012-38 Monthly Treasurer’s Report for May 2012 No discussion. INFORMATIONAL ITEMS: 1. EDC 2012-21 Building Permit Report for April & May 2012 2. EDC 2012-22 Building Inspection Report Summary for April & May 2012 3. EDC 2012-23 Monthly Property Maintenance Inspection Report No discussion on above 3 items Minutes of the Committee of the Whole – June 12, 2012 – Page 9 of10 4. EDC 2012-24 Route 47 Update Bart Olson gave a brief update and said the City will probably spend $9600 more per fiscal year than budgeted, depending on change orders etc. The total cost share for the City is projected at $3.3 million. 5. EDC 2012-25 Glen D. Palmer Dam Completion The State has turned over part of the maintenance and obligations to the City, but the State is still in litigation to have the banks and sidewalks completed. The City is mowing the grass at this time. Mayor Golinski asked about the island where kids jump on the slippery rocks and the potential danger. However, it was decided that signage would not prevent accidents. 6. PS 2012-14 Monthly Police Report for March, April & May 2012 No discussion. 7. PS 2012-10 Weather Warning Siren Update Chief Hart said Public Works saved the City about $10,000 on needed trenching. He said the process is nearly completed and Com Ed is to be out in about 10 days. Alderman Milschewski asked where the other new sirens are located. They are at Bristol Bay and on Kennedy Road/Autumn Creek by the school. Alderman Kot asked that the City look at the lightning detector for the parks. He said there should be a funding mechanism in place for the approximate cost of $5-$10,000. There also must be a service contract. Mayor Golinski said this would be a discussion for the Park Board. 8. PW 2012-37 Annual MFT Expenditure Statement for General Maintenance No discussion. 9. PS 2012-38 Traffic Signal Maintenance Refund Eric Dhuse said the City came in under budget and $89,805 will go back to the MFT fund. 10. PW 2012-39 Annual NPDES Permit Report No discussion. 11. PW 2012-40 Safe Routes to School Update The City has met with state representatives to discuss the project. In the new updated plan, Heustis St. is not included due to the existing sidewalk which is outside of the City right-of-way and therefore, not eligible for funds. It is recommended to replace the sidewalk and there is a bid-letting in the fall for the project. Public meetings are recommended between now and mid-July prior to the bids. Alderman Milschewski asked if easements are needed and what will be done if there are plantings near the sidewalk. Easements will be needed and notifications will be sent to residents to trim vegetation in the parkway. Minutes of the Committee of the Whole – June 12, 2012 – Page 10 of10 12. ADM 2012-39 Monthly Budget Report for May 2012 No discussion. 13. ADM 2012-40 Monthly Cash Statement for April 2012 No discussion on the above items. 14. COW 2012-01 Library Board 2011-2012 Annual Report Mayor Golinski said he informed Library Director Michelle Pfister that she did not need to be present to discuss this report. ADDITIONAL BUSINESS: (moved up on agenda, prior to Executive Session) 1. Alderman Milschewski said she received a call from a resident on Gawne Lane asking whether or not Gawne is private or City-owned and that// it is in need of repair. Mr. Dhuse believes it is private and Mr. Olson added that GIS shows it is private, however, the City may have it paved at some point. 2. Ms. Schraw said the Relay for Life will be held in Sandwich on June 22-23. Additional info can be found on the City website or by contacting the Relay for Life Coordinator. On a motion by Alderman Milschewski and second by Alderman Munns, the Committee adjourned the regular meeting and moved to Executive Session at 9:32pm. Respectfully submitted by Marlys Young, Minute Taker