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City Council Minutes 2012 06-26-12 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,JUNE 26, 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 Il Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, 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, Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Spears requested that Item#3 (EDC 2012-19) A and B on the consent agenda be moved to the regular agenda under the Economic Development Committee. Alderman Spears also asked that the public hearing be moved back under presentations. Alderman Gilson requested that Item#4 (PC 2012-01)on the consent agenda be moved to the regular agenda under Plan Commission. Item#6 (PS 2012-12) on the consent agenda be moved to the regular agenda under Public Safety, and consent agenda items# 7 (PW 2012-35), and# 8 (PW 2012-31)be moved to the regular agenda under Public Works. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificates of Recognition Presented to the Yorkville Middle School 8`h Grade Girls Track 4x400 Meter Relay Team - Sydney Beach, Alexis Bermudez, Gianna Salzbrunn,Becca Jasutis &Julia Schultz Mayor Golinski presented a certificate of recognition to the Yorkville Middle School 8`1'grade girls track 4x400 meter relay team. Life Saving Award Presented to Alexandria Betzwiser Mayor Golinski presented a life saving award to Alexandria Betzwiser. Certificate of Appreciation Presented to Joe Moore Mayor Golinski presented a certificate of appreciation to Joe Moore. Mayor Golinski thanked Mr. Moore on behalf of himself and the City for his many hours of service, leadership, and commitment to Yorkville's community from April 1990 to May 2012. Mr. Moore has been with the City for 22 years and has recently retired. Mr. Moore spoke on what it was like to work for Yorkville 22 years ago. PUBLIC HEARINGS REC Center Purchase Mayor Golinski stated this public hearing will occur for the next three months, so everyone that wants to speak has an opportunity to do so. The Council will not vote on this until the end of September. Nancy McCree, State Street, spoke on the benefits of the Rec Center and how it is invaluable to Yorkville. The Rec Center is a much needed community facility. It should be purchase by the City. Bob Mayes,resident since 1962, spoke on the Rec Center. He stated about 3,000 people utilize this facility. He feels the Rec Center is more beneficial than bike paths. He hopes the City can come to a financial agreement with the Walkers. The Minutes of the Regular Meeting of the City Council—June 26, 2012—Page 2 of 11 Patrick Speciale, State Street,was a victim of a car accident. The Rec Center has been a vital part of his recovery. A wide range of people utilize the Rec Center. He does not want the Rec Center eliminated. Larry Debord, Somonauk Street, doesn't know how the City got involved with the Rec Center. He believes everyone that wants the Rec Center should pay for it themselves. The City should walk away. Walt Stagner,Wildwood 2,agrees with the Mr. Debord's comments. Government never runs anything correctly. He believes it is absurd for Yorkville to take on this debt. He is against having to pay this. Lisa Peterson, Adrian Street,believes it was a poor decision to lease the Rec Center. She attended the last two ADHOC Rec Center committee meetings and sat in on discussions about the YMCA. The YMCA has a long term plan to build a new facility in or near Yorkville. The timeline and phases of the YMCA was discussed. If the YMCA is built, she believes in about five years the City will be stuck with another 15 years of a 4.35 million dollar mortgage. This is due to the fact that the Rec Center will be an obsolete facility. It concerns her that the City is facing a debt of 1.8 million for the Countryside TIF in 2018. The City has no comprehensive plan of how to pay for this. The City also had to write off bad debts due to the developer fees that were uncollectable. The City is planning on adding an additional $8.25 onto the taxpayer's water and sewer bill. This is because the City does not have a plan to pay for the shortfall it is facing next year. She discussed repairs the City needs to make. The City does not have the money to purchase the Rec Center and is under no obligation to do so. Only 8% of Yorkville's population utilizes the Rec Center. The Rec Center purchase should go on the November ballot, so taxpayer's can decide if they want this 4.35 million dollar debt for the next 20 years. She urges residents of Yorkville to let the City Council know how they feel about this decision. She thinks of school buildings as public buildings, since her state and City tax dollars go to support the school district. She believes that any organization should be able to have access to these buildings for a minimal charge. She would like to know what the school district is charging the City to use their building. She was disturbed to find out the City has not gone to a financial institution for this loan. This would be financed through the Walker family. If the City wants to purchase the Rec Center it needs to go to a financial institution to get a real loan. She went over the budget for the Rec Center. Cities are here to provide essential services. The City functioned fine before this facility and will continue to function fine without this facility. Joe Frieders, Twin Leaf Trail, feels the Rec Center is a dump and the City should walk away from it. CITIZEN COMMENTS Mark A. Johnson, Georgeanna Street, criticized the Council for trying to cover so many important agenda items in one meeting and questioned the motive for doing so. He discussed the costs associated with changes to any employee manual and is shocked to hear that the City has failed to fund employee pensions over the past 30 years. Addressing agenda item two, Mr. Johnson noted the possibility that the OSLAD Grant program is in serious jeopardy by the states own admission. He warns against funding projects if state funds are uncertain. He questioned the logic of developing a park on top of a sludge disposal site considering the potential health risks. Mr. Johnson's main concern with the complex agenda items is that he feels there is not the necessary amount of time put into researching the total impact of these projects. He is aware that the City staff has done research and made recommendations in the past that have had very negative impact to the City. Mr. Johnson is concerned that the PUD amendments could lead to more developer handouts the City cannot afford. He questions the logic behind increasing the amount of hours alcohol can be served in the City limits and allowing for video gaming. He stated that the repair to streets in the City should be prioritized equally and questions the need to repair Kennedy Road before other roads. Mr. Johnson admits to have no knowledge on the LOC bond call policy but states Yorkville's track history has been subpar. He expressed concerns over hiring practices for part time police officers and agrees the City should be in compliance with the Illinois prevailing wage act. Regarding the changes to the musical entertainment ordinance, he questions if this isn't part of a plan that changes the overall character of the City. Mr. Johnson is concerned that adopting the Home Rule will be most damaging to taxpayers and most advantageous to politicians. Home Rule should not be considered until the City has reached the necessary population of 25,000. Mr. Johnson addressed the issue of changing City Council procedures and potential problems associated with doing so. In regards to the Route 34 letter of understanding he hopes its intent is to limit the financial burden of such projects by not saddling future Councils with the same type of obligations the City has today. Mr. Johnson addressed the issue of the sale of City property and feels that any sale of public property be closely scrutinized. Mr. Johnson believes the Council should in no way limit the time for individuals to speak during the citizen comment section. Jason Leslie, former Alderman, discussed the RFP and thanked the Council for the revisit of it. He is asking for the opportunity for the potential sale of a property owned by the City of Yorkville. He gave information on his background. He is a hard worker and holds integrity above all things. He loves Yorkville and wants to buy the old post office property downtown. He knows what he wants to bid for it and is happy telling anyone what that number is. He is offering the potential for an in kind exchange. He thinks he can bring a 150%of comparative return by the development of the waterfront as an in kind exchange. He is here to build what he hopes to be a multimillion dollar company on the riverfront. He will share his vision and the Council can vote accordingly. He hopes he has at least four votes to carry the The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 3 of 11 potential of negotiations to be heard. The Council doesn't have to say yes, he just wants to opportunity to present what he wants to do. He can't guarantee that lie will succeed but he will put his money on the line to risk it. He asks that the Council please let him know tonight what his destiny is tonight. Lynn Dubajic,YEDC,reported on Push for the Path. As of today,Push for the Path has collected $81,804.71. Eighty-five power of one teams have been formed. Money is coming in at about $5,000 a day. She is hopeful that Push for the Path will exceed their$100,000 goal on July 05, 2012. The annual golf outing will be taking place on August 11, 2012 at Blackberry Oaks Golf Course. Push for the Path hopes to raise $30,000.Push for the Path has the potential of raising about$150,000 this year. That would take Push for the Path well into the 5t"year. Currently they have enough funds to pay the City of Yorkville for the first four year commitment. Rachel Engelhardt,Blackberry Lane, spoke on how Push for the Path is bringing a $1.7 million asset to our community at zero taxpayers dollars. After four months the City has 85 teams that have pledged $1,000 each and have already collected over$80,000. She is confident there are still hundreds of people in this community that want to donate to Push for the Path. She cannot wait to see what the next 10 days brings. She believes this bike path will increase the safety, health, and enjoyment of all who live, work, and play in Yorkville. The big Push for the Path fundraiser has not occurred yet, which is the golf outing sponsored by the McCue family. There is already enough money collected to cover the City's first four years of payments. The biggest payment comes in the fifth year but that gives Push for the Path the next five years to bring in significant funds. After July 05, 2012,Push for the Path will be focusing on a few bigger events that can raise significant funds. She is here to celebrate the $80,000 that has been raised. She discussed the power of one and what one person can do for the community. She is proud to be part of this community and this initiative. Stella Krauss,Kate Drive,believes Mr. Leslie is an amazing beer maker and has an opportunity to bring an amazing venture to Yorkville's downtown. There is a new energy downtown and it is short sided not to help businesses that want to bring a better future to Yorkville. Businesses have to come to Yorkville's downtown so jobs can be created. She believes that Three Angles is a very worthy endeavor. She discussed the issue and benefits of the liquor license being extended. Tom Gilmour, Fox Glen Drive, spoke from the perspective of an Illinois tax payer. He stated Illinois can't fund its pension system along with other obligations but can come up with grant money anytime somebody in local government wants it. His advice is to go back to the basics. He discussed the sale of the old post office. He asked the Council to use common sense when making decisions. Rick Tollefson,Boombah, responded to insinuations that his interest in Yorkville's downtown is for anything but the betterment of the City. He has invested in several businesses in the downtown area and would like to see Yorkville's downtown area thrive. Eduardo Cajma, John Street, came to attest to Mr. Leslie's experience and success as a businessman and hopes the Council will consider his application. Alderman Gilson read Jesus Alaniz, Colonial Drive, citizen comments. (See attached.) Lisa Peterson,Adrian Street, began by rereading her e-mail she had sent to Alderman Gilson. She is concerned that the development plans for the City offer incentives to the builders but leaves the additional costs burden on the current residents. She points out that the City portion of her property taxes have doubled over the past two years. Whereas her taxes have increased nearly 70%over the past 10 years, she sees no addition to City services. She does not feel it is the taxpayer's responsibility to fund housing development in the City and hopes this project is never repeated. She addressed several agenda items including the additional fees to the existing water bill to fund the debt associated to the Rob Roy waterway project. She then discussed City decisions regarding the street maintenance program. The City has a contract for$100,000 to have a road study completed and yet has decided to make $50,000 worth of improvements to a road that is in much better condition than the roads in her neighborhood. She questions the Council's decision to proceed with any such projects before receiving the results of the road study. The third item she addresses is her concern that the City is considering purchasing the Evergreen Farms parcel. She believes the City should get back to the basics. She feels that the developers should pay for the costs of building in Yorkville and would like the Council to focus more on reducing the taxes to the residents. In concerns to the Mayor's report she does not support the adoption of Home Rule. She does not like the power it affords the City and the removal of the residents will. Finally, she does not support the Council's attempt to limit the amount of time residents are allowed to address the Council concerning important City issues. Mario Serra, East Main Street,moved to Yorkville a year ago. He feels he should trust the Council. He told the Council to do whatever they need to do to move the City forward. The Minutes of the Regular Meeting of the City Council—June 26, 2012—Page 4 of 11 CONSENT AGENDA 1. Bills for Payment - $1,997,215.27 (CC 2012-46) 2. Resolution 2012-13 Approving a Revised Employee Manual—authorize Mayor and City Clerk to execute (ADM 2011-40) 3. Ordinance 2012-13 Amending the Code of Ordinances Providing for Liquor Control regarding Hours of Sale—authorize Mayor and City Clerk to execute (PS 2012-11) 4. Ordinance 2012-14 Amending the Code of Ordinances Adopting Hiring Standards for Part-Time Police Officers—authorize Mayor and City Clerk to execute (PS 2012-13) 5. Ordinance 2012-15 Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act—authorize Mayor and City Clerk to execute (ADM 2012-36) 6. Ordinance 2012-16 Amending the Code of Ordinances Regarding Musical Entertainments— authorize Mayor and City Clerk to execute (ADM 2012-37) 7. Monthly Treasurer's Report for May 2012 (ADM 2012-38) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Munns; seconded by Alderman Spears. 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. Minutes of the City Council—April 24, 2012 (CC 2012-44) 2. Minutes of the City Council—May 22, 2012 (CC 2012-47) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for April 24, 2012 and May 22, 2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Gilson had two changes on the April 24, 2012 meeting. Alderman Milschewski had one correction on May 22, 2012 minutes. A motion was made by Mayor Golinski to approve the minutes as corrected. Minutes approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Home Rule Discussion (CC 2012-48) Mayor Golinski stated the staff is seeking direction on whether or not they should draft an ordinance for Home Rule to be put on the November general election. This is not about taxation. It is about greater local authority. Mayor Golinski stated the Council will pass an ordinance restricting the Council to a property tax cap. Alderman Gilson doesn't think the people of Yorkville understand home rule verses non-rule enough to vote on the issue. Mayor Golinski stated the plan is to have a series of town hall type meetings, at least three,between now and November. Alderman Gilson believes this is another way to give authority to the City to enact more taxes and government.He will be voting against this. Aldernan Colosimo feels that citizens of Yorkville should get the chance to decide with their vote. Alderman Kot is in favor of putting this on the ballot and believes that the residents should have the right to decide. Alderman Munns is in favor of putting this on the ballot for there are benefits to having Home Rule. Alderman Spears has a different view of putting Home Rule on the ballot. She believes whether it is put to a vote or not,it could somehow come to pass. City Attorney Orr stated the referendum would be binding no matter which way the vote goes. Alderman Teeling believes Home Rule should be put on the ballot so the residents can decide. Alderman Funkhouser is fine with putting this up for the residents to vote. The residents need to be educated on Home Rule. He discussed the possible tax cap.There are some positive aspects to Home Rule. Alderman Colosimo verified that the City is limited to three referendums on the ballot. He just wanted to make sure that there are no pending issues that might be considered more important for the November ballot. Mayor Golinski was not aware of any other issues other than wanting to put the treasurer and City Clerks position on the referendum. Mayor Golinski stated it sounds like the majority is in favor of moving forward with it, so the City will see an ordinance or resolution next City Council meeting. Ordinance Regarding City Council Procedures (CC 2012-49) Mayor Golinski entertained a motion to approve an ordinance regarding City Council procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 5 of 11 Mayor Golinski stated several Aldermen came to him asking about City Council procedures. He asked City Attorney Orr to come up with ideas on streamlining the meetings. She came up with an idea of a five minute time limit at the beginning of the meeting for items on the agenda and five minutes at the end of the meeting for topics not on the agenda. Alderman Spears would never support this. She believes it is very important to hear citizen comments and doesn't care if they talk for 20 minutes. She doesn't think this ordinance should be put in place. Alderman Gilson will be voting against this. He believes this is an attack on freedom of speech and an attack on the public's involvement in government. Residents should be able to say whatever they want about government and the City of Yorkville's leadership. There should be no time limit on citizen comments. Alderman Colosimo likes the part of breaking up comments to one at the beginning and one at the end. In the beginning citizens can talk about City business and at the end they can talk about whatever they want.He has always been against limiting the time of citizen comments. He will be voting against the ordinance as written,however if the ordinance is redrafted allowing for citizen comments at the beginning for agenda items and at the end for all other items, he would support that with no time limits. He might consider having some sort of procedural ordinance so if a citizen becomes disrespectful in any way, they can be cut off. He will be voting no. Alderman Milschewski and Alderman Munns agree with Alderman Colosimo. Alderman Colosimo stated procedurally there is an out if a citizen decides to stand up and read the phone book for the second half of citizen comments. There is no business left, so each alderman could decide to get up and walk out. Once there is no longer a quorum then the meeting is over. Alderman Milschewski made a motion to table this ordinance to the next City Council meeting; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-5 Nays-3 Kot-aye, Munns-aye, Spears-nay, Colosimo-nay, Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-nay PUBLIC WORKS COMMITTEE REPORT Resolution 2012-14 Route 34 Letter of Understanding (PW 2012-33) Mayor Golinski entertained a motion to approve a resolution of intent regarding Route 34 shared-use trail and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Alderman Gilson asked with the City's $87,400 for the trails, can the City provide for it in the budget. City Administrator Olson stated no. One of these letters of understanding was approved in 2010 and the second one that was approved would have been after the budget session. The City hasn't had a budget cycle come up where the City has had this commitment and where IDOT has said the City will definitely be doing the project in the next five years.That would be the City's trigger to add it to the budget. Alderman Gilson asked how the City will come up with the funds and when would they be repaid? City Administrator Olson stated that the City will pull it out of the City wide capital fund. The timing of the expense depends on IDOT's online budget process. They have this through 2016. This would fall during the City's fiscal year 15 or 16 depending on when it fell during the calendar year. Alderman Gilson asked if the City wide capital fund is the same money that the City uses for its streets and infrastructure. City Administrator Olson stated that is for general City projects. Alderman Gilson stated if the City can't pay for its roads now, why go forward with this. City Administrator Olson stated this is actually two different letters of understanding that the City has already committed to. This letter of understanding that is being voted on folds it into one. The new terms of the one letter of understanding is actually more beneficial to the City than they were as two separate letters. The argument is that this becomes a better deal for the City. Alderman Gilson has opposed many letters of understanding in the past. When these projects come due, if the City doesn't have money then the City is committing to projects it can't fund. He finds it ironic that the City is looking at committing to this letter of understanding but the state can't pay their bills. Looking at this from a funding perspective,the City doesn't have money. He is not going to vote for something in 2015 and 2016 that is going to stick it to the tax payer when he doesn't know if the City is going to have the funds to do it. He will be voting against it. Alderman Kot wanted to clarify that this Council and the previous Council entered into the letter of understanding with the state. If the state hadn't approached the City with this new letter of understanding, the City was expecting to spend up to $150,000 on this project. By accepting this new letter of understanding the City is going to save $60,000 or more. He thinks this is a cost effective way to do this and is going to support it. Alderman Colosimo would agree with Alderman Gilson 100% if this was a new letter of understanding or a new project. The Council of the United City of Yorkville has committed the City to this project at a 50150 split with the State. If the Council approves this new letter of understanding it is the same project and it is an 80/20 split with the State.The City is already committed. The fiscally responsible thing to do is to approve the new letter of credit. That way the City is committed to 20% and not 50%. He will be voting in support of this. Alderman Funkhouser stated the City is committed to $150,000 right now. If the City does not accept this, then the City is paying $150,000. Our worst case is a reduced amount of engineering fees to back out. That is if we get to that point and the City can't find the funding. It is irresponsible to say no and The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 6 of 11 accept $150,000 as compared to $87,000. Reduce the burden and do what the City can to plan for it and if the City has to back out then they back out. Alderman Munns stated he agrees with Alderman Funkhouser. If Illinois can get some good leadership down in Springfield the state should have some money hopefully in four years. The City is committed to this so he will be voting yes. Alderman Gilson the City is renewing its commitment to pay a bill it can't afford. That is not fiscally responsible. What happens if the City doesn't approve this letter of understanding and tells the State that Yorkville can't pay for the old letter of understanding?City Administrator Olson is sure the State would pursue every legal opportunity they had to come after Yorkville. As a larger form of government they are going to get their way one way or another. Alderman Spears was going to oppose this but now realizing that the City is committed and it would be a cost savings, she will support it. She does request that the Council stop spending on trails,paths, and various things like that. This gets the City in trouble and cost the taxpayers quite a bit of money. Motion approved by a roll call vote. Ayes-7 Nays-1 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay, Kot-aye Resolution 2012-15 MFT for 2012 Street Maintenance Program (PW 2012-35) Mayor Golinski entertained a motion to approve an MFT resolution for 2012 street maintenance program and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Spears. Public Works Director Dhuse stated this road was selected for the fact that it is a highly traveled and high speed road. The City was trying to stay within one area to get the best price for the City's $50,000. The City is trying to save a road that is in relatively decent shape. He understands there are other streets in town that are exactly the same way but this is what was decided on. Alderman Colosimo stated he doesn't need a road study done to tell him that the roads in Ward I are the worst roads in the City. As Alderman of Ward I and until he sees the road study, he can't put money into any other road except for Ward I. Alderman Milschewski asked if this money has to be spent now or can the City wait till the road study is done. City Administrator Olson stated the road study will not be presented until December. The Council can always wait and do something after the fact, but given the road condition, it is the staffs recommendation to fix it now. Alderman Milschewski asked if the City doesn't use the$50,000 does the City lose it.Public Works Director Dhuse stated the City doesn't lose it. Alderman Spears asked if the City can use the MFT funds to repaint arrows on streets. Countryside Parkway is very dangerous for the arrows are completely gone. Public Works Director Dhuse said the City can look into that. City Administrator Olson stated there are other line items that can cover that expense. Alderman Spears asked for that to be rushed. Alderman Munns stated there are some roads in Ward III that are in disrepair and he and Alderman Funkhouser know they need repairing. He would like to get the road study to see which ones make more sense to fix. If a road is fixed before it deteriorates it will save the City a lot of money in the long run. He will wait to see what the experts say about Ward III roads. City Administrator Olson stated there is money set aside that is not MFT related, so it is easier for the City to spend it for road maintenance. Alderman Funkhouser wants to see the road study to know how to proceed. Should the City do nothing this year and wait for the road study or should it be put to the roads that are already reserved? Immediate action would say that the City needs to do something. Each alderman has their own interests of what they would like fixed. He is going to defer this to staff and support doing this with the funds that the City has. This will preserve a road that is in relatively good condition but does have some potential for deterioration and other issues. City Administrator Olson stated that the City has identified this road and that particular curb is a potential issue. His statement was, yes, the City could wait till after the winter season but that will make the road worse. It is the staff,s recommendation that this is fixed during this construction season. Alderman Gilson believes there are much worse roads in Yorkville than this road and he believes the money should be spent elsewhere. Motion approved by a roll call vote. Ayes-5 Nays-3 Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay, Kot-aye, Munns-aye, Spears-nay, Colosimo-nay LOCBond Call Policy (PW 2012-31) Mayor Golinski stated a motion is not needed for this topic. This is informational. City Administrator Olson stated that the City is proposing to take this to a public hearing so it is up to the Mayor if they do this by motion or not. Mayor Golinski stated all that is needed is direction. Alderman Colosimo stated the Council is streamlining the process to make it crystal clear to the developers exactly what the City's trigger mechanisms for these bonds will be. It takes the decisions out of the politician's hands and it treats everybody fairly. He whole heartedly supports this. Mayor Golinski stated if the City had, had this policy in place 4 or 5 years ago,the City wouldn't be in the mess it is in. Alderman Gilson has been pushing for this for a long time. There are a couple things that he sees as The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 7 of I1 issues. The City's bond liabilities are slightly above $32,551,197.00. That doesn't equate to dollars until the City has to install or contract out to get the infrastructure in place. The scary part is the City has nowhere near the dollars in securities for these items. He doesn't think the City should be extending the time allowed for calling these bonds. He believes there are a lot of good things in this. He opposes extending the time allowed to three or four years. He is torn. He thinks he needs to vote for this but the City's liabilities are huge. All the Council is doing is extending it out even further and exposing the City to even more potential damage. Alderman Colosimo thinks this would apply to future developments. The reason the Council decided the three to four year window is that they hope development will never be as fast as it used to be in Yorkville. The Council thinks it should be fair to the new developers in the future. The Council thinks a three or four year window is a reasonable time to develop a subdivision in Yorkville. Alderman Gilson agrees but would like the Council to consider two years. He believes that is a fair time limit. Alderman Kot thinks three or four years is reasonable. He is going to vote for it. Mayor Golinski asked for roll call to see if there was consensus from the City Council to give staff direction to initiate the application for notice and hearing of amendments to the Yorkville Subdivision Control Ordinance. Majority of City Council was in favor of moving forward. Ayes-7 Nays-0 Present-1 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-present, Kot-aye, Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2012-16 OSLAD Grant Applications (EDC 2012-19) Riverfront Park Development Grant Mayor Golinski entertained a motion to approve a doc 3 resolution of authorization to apply for an OSLAD grant for the development of Bicentennial Riverfront Park and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Alderman Spears doesn't think the City is a position to apply for any type of a grant. She believes it is going to cost the City money. As much as she would like the riverfront to look beautiful, she can't support this. Alderman Gilson agrees with everything Alderman Spears said. In addition, lie doesn't trust the City is going to get the money for the OSLAD part. He is concerned about these types of grants. He is not going to support this. Alderman Kot asked if there is a budget item that is going to be created if the City gets this grant. City Administrator Olson stated yes. If a City gets an OSLAD grant then the City puts out the money. The City then seeks reimbursement from the State. Alderman Kot stated since the State doesn't have any money he doesn't see the State entering into this agreement. Alderman Milschewski addressed her concerns on the OSLAD grant application. Alderman Colosimo doesn't believe new development is going to bring this City back. He believes private industry is going to bring this City back. He will support the riverfront property being developed. The State hasn't defaulted on these types of grants. He will be voting yes for the riverfront. Alderman Funkhouser is in favor of doing this for the riverfront. Alderman Gilson stated by the City taking this grant,he questions if this increases the States financial burden.Alderman Colosimo countered Alderman Gilson by stating it is his job to represent the City and see to it that Yorkville gets as much funding from the State as possible. It is up to the state legislature to work within its own budget. The Council would be doing the City a disservice by allowing funds to go to other municipalities from the tax dollars our residence have paid to the State. Alderman Gilson believes the Council is only contributing to a bigger problem and perpetuates a system that spends more money than they have. Alderman Kot agrees with Alderman Colosimo and believes he owes it to the residents to get as much funding for the City as possible. Alderman Funkhouser said the City needs to work within the system that is now in place. The long term goal is to lobby Springfield to change its spending practices,but for now the City needs to obtain whatever State funding is available. Alderman Milschewski agrees with Alderman Gilson in theory but she supports obtaining OSLAD funding.Alderman Milschewski supports the Riveif ont Park Development Grant. Alderman Gilson doesn't trust the State and worries the City could be liable for unpaid funding. Motion approved by a roll call vote. Ayes-7 Nays-1 Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,.Teeling-aye, Gilson-nay Evergreen Farms Land Acquisition Grant Mayor Golinski entertained a motion to approve a doc-3 resolution of authorization to apply for an OLSAD grant for the acquisition of the Evergreen Farms and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Colosimo. Alderman Spears opposes the proposed acquisition due to potential health risks. Alderman Funkhouser does not believe this site is suited for the proposed application.Alderman Milschewski opposes the Evergreen Farms Land Acquisition Grant. Alderman Gilson defined the term bio solids also known as The Minutes of the Regular Meeting of the City Council—June 26, 2012—Page 8 of 11 sludge and provided facts pertaining to potential health risks. He opposes this measure. Alderman Kot asked Director of Park and Recreation Schraw her input. Director of Park and Recreation Schraw stated information provided to the City was that the sludge did not present a health hazard. Alderman Colosimo stated the Council does not have the authority to regulate sludge. He will be voting no. Alderman Teeling would have prefered the fill from the Route 47 construction project. Motion failed by a roll call vote. Ayes-0 Nays-8 Munns-nay Spears-nay, Colosimo-nay, Funkhouser-nay, Milschewski-nay, Teeling-nay, Gilson-nay, Kot-nay PUBLIC SAFETY COMMITTEE REPORT Ordinance 2012-17 Amending the Regulations for Amusement Devices and Including Video Gaming Terminals (PS 2012-12) Mayor Golinski entertained an ordinance amending the regulations for amusement devices and including video gaming terminals and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Teeling. Alderman Munns has experience with this for he worked for the Illinois state lottery for nine years. The lottery tried to put these gambling machines in back then and the State voted this down. Virtually every store that had lottery ticket sales had poker machines in the back. The stores were paying out under the table. If the State is going to regulate it to make sure there is no illegal gambling going on that is a good thing. The City would make a little money. Again, this goes along with our freedoms in this country. If the State wants to put money in a poker machine, it is up to each individual if they want to put it in or not. He has no problem keeping Yorkville's bars and restaurants competitive. He doesn't think it is going to drive people to do things they weren't going to do anyway. Alderman Spears was not sure if she was going to support this. She then stated if this can help the businesses for a short time and is regulated, she thinks she will support it. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-aye, Colosimo-nay, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye, Munns-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2012-18 Providing for an Extension of the Water Infrastructure Improvement and Maintenance Fee (ADM 2012-29) Mayor Golinski entertained a motion to approve an ordinance amending the code of ordinances providing for an extension of the water infrastructure improvement and maintenance fee and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Mayor Golinski stated this is not new but an extension of what is already there. Alderman Colosimo stated in committee it was suggested that the City does not put a sunset clause on it. The Council did put a sunset clause on it for one year. This is due to the fact that this is a tax that the Council doesn't like voting for. It would be very easy to sweep it under the carpet and pretend it never happened. He thinks that the pain of having to vote for this every year is a yearly reminder that the residents are still paying an$8.25 that they shouldn't be paying. Unfortunately, if the City doesn't pass it then the City has almost a million dollar deficit in the City's water fund. The resident's bill would remain the same level it is today. If it wasn't passed it would lower the.resident's bills by$8.25. He will be voting a reluctant, yes. Mayor Golinski stated that on the bright side the electrical aggregation will save the average resident about$32 a month and the new garbage contract will save residents about$4 a month. The Council is doing what it can to save residents in other areas. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-nay, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye, Munns-aye PARK BOARD No report. PLAN COMMISSION Ordinance 2012-19 Approving Amendments to the Method and Procedure of Establishing Planned Unit Developments in the City (PC 2012-01) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the method and procedure of establishing planned unit developments in the City and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 9 of 11 Community Development Director Barksdale-Noble discussed this ordinance, which has been in the works for about a year. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT Ordinance 2012-20 Directing the Sale of Real Property (EDC 2012-20) Mayor Golinski entertained a motion to approve an ordinance directing the sale of real property and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Colosimo. Alderman Milschewski is not against having a new business in the downtown. With the looming Rec Center decision coming up, she is hesitant to sell a property that the City may need down the road. Alderman Colosimo was apprehensive, at first, about getting rid of the post office due to the Rec Center decision. He has taken the time to meet with Mr. Leslie, and would like to hear his full proposal. All the Council is being asked to do tonight is to listen to Mr. Leslie's proposal. Alderman Colosimo was impressed with the little information that he heard. If the Council votes against this opportunity then the Council may be passing up a very good opportunity to develop Yorkville's riverfront. Alderman Funkhouser voted no previously but was one of the four aldermen that brought this back onto the agenda. There are no strings attached to listen to Mr. Leslie. The Council would not be doing its due diligence if they did not hear Mr. Leslie out.If the client does not meet what the Council feels comfortable with, it will not be approved.That is up to the Council. Alderman Munns stated the RFP is the procurement process to bring structure to the whole process. Bring out the good and the bad. The RFP is just looking for a developer to wow the Council with something special for the downtown to provide activity for everyone. Somebody has to start with the first piece. It doesn't all come at the same time. The City has been trying for a long time to do the downtown. The City has to start some business but has to have something to connect the two sides and get people to go there. Downtown recreation attracts more people, which attract more business, which will bring in retail tax revenues and add jobs. It relieves the burden of the taxpayer if the businesses are paying more taxes. He supports the Council hearing this proposal. Alderman Kot's problem with moving ahead is that the Council is giving the false impression that the City will sell this property. He can't say the City can at this point.This is the worst possible time to be selling anything. He would rather wait six months and put this back on the agenda. He will not support this. Alderman Gilson agrees with Alderman Kot and Alderman Milschewski. Alderman Teeling believes the Council should look at this proposal and should give everyone an opportunity to know what the proposal is about. The irony of this whole thing is that the Council is talking about a building that is bringing nothing into the City. Alderman Spears didn't get any information until five minutes before the meeting. The discussion in COW was to leave it and have the Council address this in six months. She believes that was an excellent idea. She can't support this and doesn't believe the City is in any position to sell any property. Alderman Milschewski wanted to clarify that she is not against the RFP. She just thinks the timing is off. Mayor Golinski said it looks like he will be breaking the vote. Alderman Munns stated keep in mind that the post office is not going to provide much space for programming even if the Rec Center goes down. If the City puts offices or recreation activities in the post office then the City is taking away the prime river residential space that is potentially millions of dollars to the City. He thinks it is a waste to use that space for recreational activities. Alderman Gilson said the City used a building similar to that size before for recreational space. He feels it is just a bad time until the City knows what it is going to do with the Rec Center. Alderman Colosimo stated the logic behind that is flawed. The City is talking about river front property. If the old post office goes to private hands and gets back on the tax roll,just the property taxes of that building alone would allow the City the same square footage building. Then those same recreational activities go back into a different building that is not on riverfront property. He hopes the Council members voting no will reconsider. Mayor Golinski stated the one thing that attracted him to Yorkville was the downtown area. He is a big supporter of Yorkville's downtown. He believes it can be so much more. He believes the Council will be doing a great disservice to Yorkville's citizens if does not hear more on this proposal. City Administrator Olson laid out the process. If the RFP is approved then there will be a sealed proposal submitted to the City. It will be opened at a City Council meeting and read aloud, by law. After it is read, it can be approved at any time. The Council is not obligated to approve anything. All bids can be rejected at that time or at a later time. The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 10 of 11 Motion approved by a roll call vote. Ayes-5 Nays-4 Spears-nay, Colosimo-aye, Funkhouser-aye, Milschewski-nay, Teeling-aye, Gilson-nay, Kot-nay, Munns-aye, Golinski-aye CITY COUNCIL REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT YBSD Alderman Gilson reported on the YBSD meeting on June 11, 2012. Minutes were approved. Several bills and invoices were approved for goods and services. There was approval to transfer$225,000 from the districts checking account to the money market account. One million was to be reinvested in a CD at the State Bank of Illinois. There were updates given on the 21 grease trap inspections. There were discussions on the FOG ordinance,Fox River Study Group meeting, and the Ultimate Sports Bar issues. There were updates on conferences and the district website.New business items were discussed, also. Agency on Aging Alderman Spears reported on the Agency on Aging. (See Attached) Social Security Trustees Report Alderman Spears reported on the Social Security Trustees Report. The annual report had been released. The recession and the slow recovery have reduced payroll tax revenue to the system. This forced some people to start receiving retirement benefits earlier than expected. More people have filed for disability who might have otherwise continued to work. The system will have to start dipping into the trust fund. Payroll tax plus interest on the trust fund will not be sufficient to pay off benefits in 2021.The trust fund is not projected to be completely exhausted by 2033.The system would not be bankrupt at that point since it will still have enough payroll tax revenue to pay approximately 75%of benefits. The social security system is not currently in deficit. Total revenue includes interest on the trust fund. Ken Com Alderman Spears reported on the Ken Com board meeting. They discussed the construction of the new towers. She invited everyone to see the new facilities and receive a tour. School Board Alderman Funkhouser was unable to attend the school board meeting, so he did not have a report to give. ADHOC Alderman Funkhouser stated there will be meeting on July 9, 2012 with the YMCA to discuss the joint proposal. Ribs on the River Alderman Funkhouser stated Ribs on the River is coming up on July 14, 2012. Police Department Alderman Teeling thanked the police department who removed a raccoon that was on her property. STAFF REPORT Watering Restrictions City Administrator Olson discussed the watering restrictions in Yorkville. 4"'of July Parade City Administrator Olson reminded residents of the July 4°i parade. It is held in Yorkville's park. This will be held at 9:00 am on July 4"'. The float i$available for the City staff. ADDITIONAL BUSINESS Update on Route 47 Project Alderman Spears asked if the Council has gotten an update on Route 47. City Administrator Olson stated there has been no timeline given. Countryside Center Road Maintenance And Snow Plowing Alderman Spears asked if the City got any information from the fire department. City Administrator Olson stated the fire department is still reviewing plans. The Minutes of the Regular Meeting of the City Council—June 26,2012—Page 11 of 11 Committee Of A Whole Alderman Spears stated the City brought forward the procedural ordinance of the COW. It was a consensus by the Alderman. How is the City going to work that?Mayor Golinski stated the committee of a whole is committee of the whole. Everyone votes in COW. Alderman Spears hopes the Council does not consider making the COW meetings permanent. There is too much to review in the time period given for that type of meeting. Alderman Teeling asked and it was confirmed that the same agenda items come from the committees. Parking On Mill Street Alderman Milschewski had a question in regards to parking on Mill Street between Van Emmon and Fox. She had received an e-mail from a concerned citizen. There was discussion between Alderman Milschewski and Public Works Director Dhuse in regards to the parking on Mill Street. Tree Program Alderman Milschewski asked about the tree program. Director of Parks and Recreation Schraw stated that it is on the website. Sunflower Alderman Colosimo asked if the plan site issue at Sunflower has been taken care of. Public Works Director Dhuse said he believes it has. Steps have been taken to get the signs replaced. Northwest Hot Tubs Street Repair Alderman Gilson asked if anyone had contacted Northwest Hot tubs and the bank to find out whether or not the bank can repair the road that goes in front of their facility. City Administrator Olson stated they have touched base with them and will have a discussion regarding this issue. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. 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. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Funkhouser; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-5 Nays-4 Spears-nay, Milschewski-nay, Colosimo-nay, Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye, Munns-nay, Golinski-aye The City Council entered Executive Session at 10:59 p.m. The City Council returned to regular session at 11:32 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Kot; seconded by Alderman Milschewski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 11:33 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois Citizen Comments MEMO To: Bart Olson From: Jesus Alaniz Date: June 26, 2012 Subject: Citizen's Comments Time Limits It has come to my attention that the Yorkville City Council will be taking a vote on limiting citizen's comments to five minutes at the beginning of each session and then five minutes at the end of session. Bart, I would request that you read the following statement as I will be at the airport picking up people from work tomorrow. Your Honor, Members of this Council, I must strongly object to an ordinance that limits the time that any citizen can speak at any meeting. You are all familiar with the I Amendment and I remind you that all of you took an oath to uphold, preserve, protect and defend the Constitution. President John F Kennedy stated that the rights of man come from the hand of God and not the generosity of the state. George Washington stated that "If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." Edmund Burke stated "The true danger is when Liberty is nibbled away, for expedients." And this is what I have seen happen more so over the past few weeks at all levels of government. It is also my understanding that Mr. Gilson attempted to read a letter by a resident and was then interrupted by Mr. Munns whom objected to the email being read. I must then question, what kind of government do we have in the city? Do we have a band of law makers or wards of representation? I remind you that governments first role is to defend Americans Rights and not limit them or run their lives. I then do not know what prompted such an action in these times but I do make the following request. I respectfully request that any member of this Council that votes for this ordinance kindly refrain from walking in the Independence Day parade for Independence Day is a day of celebration in declaring our freedom and as a warning to all tyrants. Your passing such an ordinance can only be viewed as hypocritical, disrespectful and above all offensive to those who have paid the ultimate price in subsequent conflicts in preserving the Blessings of Liberty which we hold sacred today. cc: George Gilson, Jr Carlo Colosimo Larry Kott Jacquelyn Milschewski Marty Munns Chris Funkhouser Diane Teeling Rose Spear Community& Liaison Report—Agency on Aging Report received from Alderman Spears LIAISON REPORT AGENCY ON AGING Earlier this month I attended the Agency on Aging Executive Board Meeting. Executive Director Jones indicated the U.S. Administration on Aging (AoA) has changed its name and is now the Administration for Community Living. The Agency has received all of its FY12 Illinois General Revenue Funding. IDOA distributes most of its funding according to a demographically-based funding formula, and the Agency on Aging has received an increase of 6.59%, primarily because of population growth reported in the 2010 Census. Funding for services by providers increased $596,443. The Legislative Committee discussed Senate Bill-2149, which would amend the Fair Credit Reporting Act to prohibit a credit bureau or other consumer reporting agency from reporting information about a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection more that 45 days after the date of payment or settlement. Information already reported about such debts would have to be erased within 45 days of the payment or settlement. Information already reported about such debts would have to be erased within 45 days of 1 Community& Liaison Report—Agency on Aging Report received from Alderman Spears payment or settlement. The major difference between House Bill 2086 and Senate Bill 2149 is that the House Bill would erase records of debts only up to $2,500, while the Senate bill has no such limit. A memo of the new proposed Illinois State budget was distributed. Discussion regarding the proposed complete termination of the Illinois RX Cares pharmaceutical assistance program. This would save approximately $72 million a year towards the goal of closing the $2. 7 billion gap in the budget for Medicaid and other health programs. Since the Illinois RX Cares brings in no matching Federal dollars, it is considered more expendable than programs where cuts would also mean a loss of a federal match. The Senior Lifestyle Expo will be held on Tuesday and Wednesday, August 21 & 22 at the Drury Lane Theatre. Volunteers are needed for the event. 2 REGULAR CITY COUNCIL MEETING 0 12 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: koo aVe- Maflo ( %A A) v 4 4A 9 5o A) WILOil)0oIj � 9 3. I'lkl V z c c- P1 Heo-c4/0 SJUNIN REGULAR CITY COUNCIL MEETING ,T, (2 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: Bz/ !)c`fZh-,/SG 1- fz 1.k r+J-5,- D? 614--,T- SIGNIN 5j % S v � REGULAR CITY COUNCIL MEETING Public Comment J -� PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: aGU SIGA*