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City Council Minutes 2012 07-24-12 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,JULY 24,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart, 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 Colosimo requested that Item# 3 on the consent agenda, (EDC 2012-28),be moved to the regular agenda under the Economic Development Committee Report. Alderman Colosimo also requested that Item# 7 on the consent agenda, (CC 2012-56),be moved to the regular agenda under the City Council Report. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Swearing-in of Sergeant—Andrew Jeleniewski Mayor Golinski swore in Sergeant Andrew Jeleniewski. Certificate of Appreciation from the Alliance Against Intoxicated Motorists—Officer Ryan Goldsmith Mayor Golinski presented a certificate of appreciation from the alliance against intoxicated motorists to Officer Ryan Goldsmith for DUFs this year. Knights of Columbus Recreation Scholarship There was no presentation given at this time. PUBLIC HEARINGS REC Center Purchase Robert Brenart, Amanda Lane, came to speak on the value of the Rec Center in Yorkville's community. The Rec Center has been well received by the community. The Rec Center supplies a great service to Yorkville's senior citizens,and the children of Yorkville spend a great deal of time there. He believes, that overtime,the location of the Rec Center will exceed its current cost. He hopes the City can come to some agreement on how to retain the Rec Center for the community of Yorkville. John Holden,Raintree Road, finds it immoral to even discuss buying the Rec Center at this time. This is not the time to be putting money into a Rec Center. He believes the Rec Center should stand on its own as a business. It is not this community's job to support this business. He asks that the Council exercise fiscal constraint at a time when a lot of people are suffering. He asks that the City does not buy this Rec Center. Bill, a resident, stated that the Rec Center may not be large enough to support YokviIle's growing community; however,it can be expanded. He stated the City should be proud of providing this facility for its residents and needs to retain the Rec Center. Bob Mayes,Morgan Street,has lived in Yorkville for 50 years and has been a member of the Rec Center since its establishment. He believes the price of$2.5 million dollars is reasonable and not too much to The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 2 of 9 offer. He hopes the aldermen find a way to finance this. He is definitely in favor of keeping the Rec Center. He questions the 6% interest and hopes that rate can be lowered to a normal rate for this economy. He understands that there are 1,400 members and about 3,000 total people estimated to use the facility. If the estimate is for$8 million dollars, then it will probably wind up being double by the time the City furnishes the facility. The Council has a tough decision. Diane Farm,resident for 5 years, stated she has been participating in the Rec Center for the last eight years. When she finally decided to try the Rec Center she was treated well. The staff was very friendly and made her feel welcome. They have so many different plans for a person's financial needs. She doesn't mind going and working out even though she is slightly large. The Rec Center has a daycare center. It is more of a community center than a health club. This is one of the only places that she has actually felt welcomed in a very long time. When you have a different body size, people treat you differently, and she would like to say that the Rec Center never treated her differently. The staff is very knowledgeable about machines. The pool is open anytime the center is open. She would like to see the Rec Center kept as is. If it can be improved, that is fine, but she thinks it is worth its weight in gold. Jesus Alaniz, Colonial Parkway, says this is another classic case of what is mine, is mine and what is yours is negotiable. He asked what the Rec Center has done over the years to try and save itself. He asked if this is an emergency and is it worth raising taxes on families that are hurting to save the Rec Center. It is a question of morality. Kendall County failed in an audit for transparent counties. He believes it is time that each level of government starts cutting their budget and leave family budgets alone. LaDon Silas came to talk in favor of the Rec Center. He just started working as a trainer. He is a new resident. He knows health and fitness. He also knows how communities can break down in giving young people a place to go. He believes if the City shuts down the Rec Center,it will end up with a bigger problem. Young people need a place to go, and that is the purpose of community centers. Marti Green,resident, loves Yorkville. She went to the Rec Center and checked it out. The building is old,the roof leaks, and the equipment is rusty. She is concerned about liability, and is asking the City not to purchase the Rec Center building. She believes government should not get involved with a business, and this is not a profitable business. Mark Johnson, Georgeanna Street, wanted to correct a few comments. One citizen stated the City needs a Rec Center for events, but he stated the City doesn't need this building. The City is talking about a building, not programs. Another citizen stated the City would end up spending$8 million. That is wrong. Another citizen stated that the building costs 2.2 million. Mr. Johnson stated the Rec Center is going to cost the City a minimum of$4.5 million. Mr. Johnson is pushing for a property tax reduction across the board for everybody. When talking about the value, he stated his house is overvalued. He thinks everyone can say that the government is saying their house is worth more than it is actually worth today. It is over the selling price. The official Kendall County tax assessors' numbers are based on a third evaluation. They are saying that the department of revenue value on this is $632,521. Do the math and take it times three. They are saying this property is worth $1.896 million. The tax assessors are saying properties are worth more than they are actually worth. That tells him that the Rec Center, at present, is worth less than $1.9 million. The Council is now having a conversation about spending$2.5 to $4.5 million. He believes that buying the Rec Center would be a waste of Yorkville's money. He asked that the Council make sure they look at the value of the property before purchasing the Rec Center. Mike Green,resident, stated the accumulated deficit is going up in the Rec Center. He sees this as a buy out for the Walkers. He is sure that, if the Rec Center were put on a referendum, it wouldn't stand a chance of passing. Common sense says this just isn't a good deal. John Holden, Raintree Road, doesn't know if the Council is aware that there is a Camp Hoover that has a full Olympic size swimming pool. It is unused and free. He doesn't know if Yorkville or the county owns it. It should be considered and investigated before the City does anything else. CITIZEN COMMENTS Terri Hancock,resident, spoke in regards to the ban on selling and owning of wild animals in pet stores. A pet store in town is selling fox and raccoons as pets. She hopes the City reconsiders dropping the selling and owning of wild animals. This has to do with the safety of people. This has nothing to do with spending. It is the Council's job to modify existing ordinances. Wild life cannot be vaccinated because it is illegal to vaccinate wild life against rabies per the Illinois Animal Control Act 30.90F. She and the experts are not making idol talk. They have the law behind them. The law states there is no recognized vaccine approved for use on wild animals. The pet store said they could vaccinate,but the bill law states they cannot. Wild animals cannot be recognized as an official vaccinate for vaccines don't apply to wild animals.The owners have been clearly misinformed of the law. The pet store is passing along some of this misinformation to their customers. Safety at the pet store has already been compromised.People need to be responsible and do the right thing. She said she is not trying to shut down a business. The pet store can still sell other animals. When it comes to wild animals that have no rescues to go to and can't fit into The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 3 of 9 the ecosystem,then it is not right to teach our children to take something from the wild and keep it as a pet. It is her job to teach this. If the Council decides to rewrite an ordinance, there is information on exactly how to do it. She asks that the Council reconsider and think about the benefit and safety of the community. Mark Johnson,Georgeanna Street, said there are aldermen on the Council that he thinks highly of He wanted to specifically thank Alderman Gilson publicly for his service to Yorkville. Alderman Gilson votes his principle and Mr. Johnson believes that every Council member should try to live up to that. Lynn Dubajic,YEDC, gave an update on Push for the Path. Push for the Path hit their$100,000 goal on July 12, 2012.There are now 100 power of one teams. As of this day,Push for the Path has collected $107,000 on behalf of the Kennedy Road multi-use path. The golf outing will be held on August 11, 2012, at Blackberry Oaks in Bristol on Kennedy Road. They anticipate raising about $30,000 more. By year end, Push for the Path hopes to have $150,000 collected. CONSENT AGENDA 1. Bills for Payment- $1,095,200.46 (CC 2012-50) 2. Treasurer's Report for June 2012 (CC 2012-51) 3. Resolution 2012-17 Adopting the Blackberry Creek Watershed Action Plan—authorize Mayor and City Clerk to execute EDC (2012-29) 4. Resolution 2012-18 Adopting the Kendall County Multi-Hazard Mitigation Plan—authorize Mayor and City Clerk to execute (PS 2012-15) 5. Game Farm Road/Somonauk Street Project—Jay Heap Appraiser Contract&MFT Appropriation Resolution 2012-19—authorize Mayor and City Clerk to execute (PW 2012-41) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Funkhouser; seconded by Alderman Munns. 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—June 26, 2012(CC 2012-52) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for June 26, 2012 as presented. So moved by Aldennan Colosimo; seconded by Alderman Spears. Alderman Milschewski wanted more information listed in regards to the presentation of.Ioe Moore*s certificate of appreciation. Also, in regards to the OSLAD grants, she wanted it clarified that she had supported the Riverfront Park Development Grant but opposed the Evergreen Farms Land Acquisition Grant. A motion was made by Mayor Golinski to approve the minutes as amended. Minutes approved unanimously by a viva voce vote. REPORTS Mayor Golinski stated there are two items for Mayor"s Report. Both are for collective bargaining agreements between the officers and the sergeants. Mayor Golinski stated that the Council needs an executive session before voting on these. Mayor Golinski said the Council will move these reports to the end of the meeting after executive sessions. The Council will come out and take action on these two contracts. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2012-21 Extending the New Residential Construction Incentive Program by Amending Ordinance Number 2012-03 (B.U.I.L.D. Program) (EDC 2012-28) Mayor Golinski entertained a motion to approve an ordinance extending the new residential construction incentive program by amending ordinance number 2012-03 (B.U.LL.D. program) and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Alderman Colosimo does not support the build program. He believes the Council needs to focus on an idea of giving incentives to individuals buying houses currently built and vacant. He appreciates new home construction for it is a positive benefit to the City, but he believes the City's focus is misdirected on The Minutes of the Regular Meeting of the City Council—July 24, 2012—Page 4 of 9 new construction. Mayor Golinski thinks the City should do both. Alderman Munns agrees with Alderman Colosimo that the Council should try to come up with a solution for the vacant houses. Alderman Gilson does not support the build program. He read an email from Lisa Peterson in regards to the build program. (See attached.) Motion approved by a roll call vote. Ayes-5 Nays-3 Teeling-aye, Gilson-nay, Kot-aye, Munns-aye, Spears-nay, Colosimo-nay, Funkhouser-aye, Milschewski-aye PUBLIC SAFETY COMMITTEE REPORT Lightning Detectors for City Parks (PS 2012-16) Mayor Golinski entertained a motion to table this item to the August 14, 2012, Committee of a Whole meeting. So moved by Alderman Milschewski ; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye ADMINISTRATION COMMITTEE REPORT Resolution 2012-20 Approving a Contract for Garbage,Refuse,Recycling and Yard Waste Collection Services with Veolia ES Solid Waste Midwest,LLC (ADM 2012-32) Mayor Golinski entertained a motion to approve a resolution approving a contract for garbage refuse; recycling and yard waste collection services with Veolia ES solid waste Midwest, LLC and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Colosimo is very happy with the new garbage contract. It provides the same high quality that the citizens of Yorkville are used to. This new contract is a slight reduction from the City's old contract. Mayor Golinski stated not only are there reductions in costs, but now the City has more options in regards to container size. Alderman Milschewski also wanted to echo what Alderman Colosimo stated for she agrees with him. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye PARK BOARD Park Board Recommendation on REC Center and Referendum Questions. (CC 2012-55) Mayor Golinski said the Park Board forwarded some recommendations on the Rec Center and referendum questions. City Administrator Olson stated it is most appropriate to talk about this under referendums. PLAN COMMISSION Ordinance 2012-22 Approving Amendments to the Yorkville Zoning Ordinance Providing for Indoor Shooting Ranges as Special Uses and for the Manufacturing Of Firearms and Ammunition as a Permitted Use (PC 2012-03) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the Yorkville zoning ordinance providing for indoor shooting ranges as special uses and for the manufacturing of firearms and ammunition as a permitted use and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Mayor Golinski stated this was approved unanimously at Plan Commission. Alderman Gilson has a concern with the issue of 50 feet for a gun range from a residential property. Community Development Director Barksdale-Noble stated due to zoning it is really about 90 feet distance. With all the inspection requirements and standards that the gun range has to have makes the distance greater than what most distances are for this type of facility. Alderman Gilson believes this distance for a gun range is too small. Alderman Colosimo disagrees with Alderman Gilson. The standards that are set for building a gun range in the State of Illinois are very stringent. Fifty feet is more than what is needed. If there is a problem with a gun range, it should be shut down. Based on the building standards that are required for the State of Illinois,Alderman Colosimo has no issues with 50 feet away. Alderman Funkhouser doesn't have a problem with the 50 foot distance. He mentions the location of the range at an end unit. He would like this limitation removed. Community Development Director Barksdale-Noble stated this was an option that was brought up for the Plan Commission. There was concern by the fire district about having units that are interior with other offices spaces on each side. A gun range would be more easily accessible from an end unit. She gave an option to the Plan Commission of an end unit with the range on the side or to stand alone in the business district. The Plan Commission chose to have it on the end unit. They felt more The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 5 of 9 comfortable from the information they received. Alderman Funkhouser asked if there were statistics provided for that decision and there were none. There was a specific incident that was related to the Plan Commission about a gun range that had a fire. Alderman Spears would support leaving it on the end unit, especially if the fire district recommended it. She wanted to know the distance between the homes and the driving range that is on Route 47. City Administrator Olson stated it is between 220 and 250 yard. Alderman Spears stated there were a lot of problems with the residents living in the area and having golf balls hit their homes. She believes a bullet would go a lot faster. Community Development Director Barksdale-Noble stated the facility that Alderman Spears is referring to is an outdoor facility. This would be an indoor facility. There are protections in place which are called buffering. There are different levels of buffering which have to be in place.No penetration is supposed to happen in this facility for there are layers. The speed of the bullet is decreased each time it passes through a laver of buffering. Alderman Gilson was also concerned about the noise but lie was told that these facilities actually have their own noise requirement for both inside and outside the facility. Alderman Kot asked why these two issues were put together under one ordinance. He feels there are two separate issues. He has no problem with the indoor shooting range. His issue is with the manufacture and sale of the firearms and ammunition. Community Development Director Barksdale-Noble discussed that the initial request from the business owners was to do the manufacturing of the ammunition. She felt it was better to look at this issue holistically. If this is permitted in a certain district then they would receive a FFL level 7 which is a federal fire arm. Anything that is permitted on a level one then a level six is permitted. Alderman Kot said when mentioning fire arms, that also means assault weapons are included. He cannot support this issue. Alderman Colosimo stated weapons can be bought in Yorkville. When manufacturing guns is mentioned, it means the City would be taking different components of guns and customizing them. When there is a gun range, it is customary that they sell guns and ammunition. Alderman Colosimo is a big supporter of the second amendment and welcomes having a gun range in Yorkville. He will be supporting this ordinance. Motion approved by a roll call vote. Ayes-6 Nays-2 Munns-aye Spears-aye, Colosimo-aye, Funklouser-aye, Milschewski-aye, Teeling-aye, Gilson-nay, Kot-nay ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT November Referendum Questions (CC 2012-56) a. Resolution Providing for the Submission to the Electors a Referendum of Whether the City Should Issue General Obligation Bonds for the Purpose of Constructing a Recreation Facility Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville,Kendall County Illinois, a Referendum of whether the City should issue general obligation bonds for the purpose of constructing a recreation facility and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Kot. Alderman Gilson commented that Mr. Walker intends to litigate against the City to prevent the community from voting on this important issue, and questioned whether the City is considering doing more business with Mr. Walker. Alderman Gilson asked what it meant when the memorandum stated the purchase of Club 47 will receive precedent. City Attorney Orr said the purchase of Club 47 will receive consideration. Alderman Gilson asked what mortgages and loans are on that building. City Attorney Orr stated whatever mortgages and loans are on the building would have to be removed if the City were to acquire it. Alderman Gilson discussed the partnership with the school district and how in the past he was told that was impossible. He hopes the City looks into this partnership. Alderman Gilson asked how Mayor Golinski wants to address the referendum questions. Mayor Golinski prefers to do them all at the same time. He sees problems with both of the referendum questions. The City is in no position to issue$4 million in bonds. Alderman Spears stated if the Council does a referendum question she would like for it to be made a binding question. She believes the residents of Yorkville need all the information before voting. She would be in favor of having a referendum question and leaving it up to the citizens of Yorkville to vote. Mayor Golinski asked if any of the Council members were in favor of asking residents to issue $4 million in bonds. Alderman Kot stated that putting this on the ballot is not saying he is for this issue. He is saying for the people to decide. This should go on the ballot. At first, Alderman Colosimo agreed with Alderman Kot,but the more he thought about it the more concerned he became. Having both of those options on the ballot the people may question which they want; A or B. He doesn't want A or B, and doesn't want to give the impression that these are the only two choices. Everyone has been telling him how all the residents want this Rec Center. He thinks it needs to be put on the ballot with the terms so all the residents know the terms. If it passes, the City gets the Rec Center. He is against purchasing the Rec Center,but if 51%of the residents vote to buy the Rec Center,then he will keep quiet. Alderman Funkhouser explained how these options came about through the ADHOC Committee meetings. He believes the Council should clarify whether they want to give the citizens choices or is the Council truly The Minutes of the Regular Meeting of the City Council—July 24, 2012—Page 6 of 9 looking for input. The intent of the referendum is to seek input. Alderman Milschewski agrees with Alderman Colosimo. She believes it is going to be confusing if the Council puts two similar things on the referendum. On the first resolution,the City is not in the position to go forward, so why give that illusion. The second resolution should be put to a vote for residents to decide. Mayor Golinski stated the only problem with the second resolution is the Council needs an answer on this issue before November. If the Council waits until November then Yorkville's staff does not have enough time to make plans for programming, and the current business owners don't get enough time for a transition. It is too late if the Council waits till November. Alderman Munns said to put one item on the referendum with the terms. He would like it to be binding. Alderman Teeling agrees that it would be very confusing. She wanted to clarify that the City is not paying $700,000 a year for the Rec Center.The City is getting in $600,000 plus in revenue, and the City is paying $22,000 to cover the difference. She also agrees that it would be about $4 million to purchase the Rec Center and not $2.5 million. Alderman Teeling is not in favor of putting a referendum on the ballot asking for$4 million in bonds to be released. She thinks that it is ridiculous. Alderman Gilson stated the City is not in the position to issues $4 million in bonds or in the position to spend$4 million to purchase the Rec Center. He believes the second resolution should be put on the ballot as a referendum with the terms so the people can decide. City Administrator Olson wanted to clarify that if the Council does approve a bond referendum to sell $4 million worth of bonds,it would be possible to sell them. The issue is that the City would have to raise property tax to pay for them. That is part of the referendum question. Alderman Colosimo doesn't think that the $4 million bond is a legitimate question. The Council should focus on the question that has a legitimate chance to go on the ballot. The question is: should the City purchase the Rec Center without issuing any additional bonds and with the terms to make that purchase. As far as the transition period is concerned,the Council will know if this passes in the November election.If the City keeps the Rec Center then he is sure the Walkers will work with the City on the transition. If the residents determine that they do not want to purchase the Rec Center then the City has a 7 month window. The question is important enough for the residents to decide. Mayor Golinski stated the City does not have terms yet. City Attorney Orr stated the City has not finalized terms. She suggests that the Council has a cap in the language written and that it must be paid for by the revenue stream that it generates. The reason she suggests this, is not so the citizens shouldn't be informed but because there are many terms. She agrees that if this goes on the ballot that the Council needs to get out and get all this information out to the public. If the public says yes then they would know what it could possibly cost. City Attorney Orr stated the transparency is not to put an amount and interest rate. Alderman Spears believes the residents need to know the terms and details. She feels including the purchase price and the cap is very important to YorkviIle's residents. Alderman Kot believes the question should be asked how the Rec Center compares to the cost of a new facility. He would like both questions put on the ballot. Alderman Gilson is fine putting both questions on the ballot as long as the terms are listed. He believes a cap should be added. Residents do need to know the sales price and interest. Alderman Funkhouser stated the principle and interest puts the City over$4 million. The Council doesn't need to put interest if a do not to exceed is put on the question. That is a solid do not exceed number.The interest or principle payment could be higher or lower. It gives the City room on its terms or negotiations. It gives the City a cap. If the City puts a new facility referendum on the ballot for$4 million dollars then he is sure the residents would choose a new facility over an old facility. He wants input from the residents, but the City must be clear on what the numbers are. Alderman Colosimo stated option two for the non binding question should stated: Should the United City of Yorkville purchase a Rec Center to operate a public recreation facility for an installment purchase contract payable with revenues generated from its operation. The City should add: generated from its operation in the general fund. It can come from the City's general fund or it can come from revenue. If the residents want the City to purchase it then the City will dip into the general fund. Alderman Munns stated it comes down to should the City give resident's recreational activities going forward. Can the City afford to provide these activities?The question needs to be worded so it is clear what the voters are voting on, what the costs are, and how the City is going to pay for it. Alderman Gilson stated most citizens don't know what the general fund is. Let's address this one at a time. He wants to make sure the City definitely has the sale price,the interest percentage and a do not exceed as part of the referendum question. Also have it a binding question. Mayor Golinski stated the motion on the table is for A. He called for a roll call on the first resolution. Motion failed by a roll call vote. Ayes-1 Nays-7 Spears-nay, Colosimo-nay, Funkhouser-nay, Milschewski-nay, Teeling-nay, Gilson-nay, Kot-aye, Munns-nay b. Resolution 2012-21 Providing for the Submission to the Electors a Non-Binding Referendum of Whether the City Should Buy the Rec Center Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville Kendall County Illinois a Non-Binding Referendum of Whether the City Should Buy the Rec Center and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Kot. Alderman Spears stated this should be a binding referendum. Mayor Golinski stated the Council can amend it. Alderman Kot stated the Council is voting on a non-binding referendum. If it is voted down, The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 7 of 9 can the Council turn around and vote for a binding referendum?City Administrator Olson asked City Attorney Orr if this particular question can be made a binding referendum. City Attorney Orr stated this particular question cannot be made a binding referendum. The Council could agree to abide by the majority vote. Alderman Colosimo moved to amend the motion for the question to read: Should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through an installment purchase contract at a purchase price not to exceed$2.5 million and an interest rate not to exceed 6%; seconded by Alderman Gilson. Mayor Golinski called for comments or questions on the motion to amend. Alderman Munns had a question on the amount that was put in the amended motion. Alderman Gilson was concerned about the statement not to exceed 6%. He wanted to see the terms. Alderman Colosimo said to get this on the referendum; the Council has to decide tonight. City Administrator Olson stated the deadline is mid August. Alderman Colosimo stated the Council will not have another vote until after August 16`x. City Administrator Olson stated a City Council meeting can always be scheduled. Alderman Funkhouser understands that a cap is listed at 6%cap, but he would rather it be just a capped fixed number. Mayor Golinski stated roll call on the motion to amend making it 2.5 million not to exceed 6%. Motion approved by a roll call vote. Ayes-5 Nays-4 Colosimo-aye, Funkhouser-nay, Milschewski-aye, Teeling-nay, Gilson-nay, Kot-aye, Munns-aye, Spears-nay, Golinski-aye Mayor Golinski stated now back to the original amended motion. City Attorney Orr stated the language of this should say: should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through an installment purchase contract at a purchase price not to exceed$2.5 million with interest not to exceed 6%percent. Alderman Colosimo stated that is acceptable. City Administrator Olson stated to City Attorney Orr's earlier point, since it is not a binding referendum,the Council members could act prior, the day of, or after the referendum. It is purely at the Council's own discretion. City Attorney Orr stated the Council is voting on a non binding referendum with the language stating: installment sales contract at a purchase price not to exceed$2.5 million, with an interest rate not to exceed 6%per year. Mayor Golinski said the Council should put the number of years on there. City Attorney Orr stated the City will do a maximum of twenty year installment contract. Alderman Milschewski said this is a yes or no question. Alderman Gilson stated there is no way the City has enough technology, ability and manpower to educate all the voters.Alderman Milschewski stated it is up to the voters to educate themselves, too. We need to put the information out there in the newspaper, whatever way. Alderman Colosimo called the question on the original motion as amended; seconded by Alderman Munns. City Attorney Orr asked if the twenty year is in or out of the amendment. City Attorney Orr read the question. Should the United City of Yorkville purchase the Rec Center to operate as a public recreation facility through a twenty year installment purchase contract at a purchase price not to exceed$2.5 million with interest not to exceed 6% per year? Mayor Golinski stated roll call on what City Attorney Orr just stated. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-aye, Colosimo-aye,Funkhouser-nay, Milschewski-nay, Teeling-nay, Gilson-aye,Kot-aye, Munns-aye A Resolution Providing for the Submission to the Electors a Referendum of Whether the City Should Become a Home Rule Municipality (CC 2012-48) Mayor Golinski entertained a motion to approve a resolution providing for the submission to the electors a referendum of whether the City should become a Home Rule municipality and authorize the Mayor and City Clerk to execute. Mayor Golinski immediately stated that before this was pulled off the agenda he was going to ask to have this withdrawn. He would like to wait another year before addressing this issue. Mayor Golinski entertained a motion to table indefinitely. So moved by Alderman Colosimo; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 8 of 9 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY & LIAISON REPORT Agency On Aging Alderman Spears reported on the Agency on Aging. (See attached). STAFF REPORT Music And Wine Night City Administrator Olson said this coming Friday is Music and Wine Night at Town Square Park for the City's Music under the Stars. The Yorkville Big Band is playing from 5:30 to 9:00 p.m. National Night Out City Administrator Olson stated on August 7, 2012, Yorkville is having National Night Out in Town Square Park from 6:00 to 8:00 p.m. ADDITIONAL BUSINESS Appointment Of City Clerk And Treasurer Alderman Milschewski brought up the issue of having a referendum eliminating the City Clerk and Treasurer from being elected. She asked if that question could be put before voters. Mayor Golinski stated the only way that can happen, since it is not on the agenda,is to have a special City Council meeting before the COW.There is time before the next election to put that question on the referendum. Mayor Golinski stated it could be done in April. Fox Hill Alderman Munns and Public Works Director Dhuse discussed Fox Hill sinking sidewalks. Alderman Gilson's Resignation Alderman Gilson announced that he has taken a job transfer. He will be resigning his alderman position effective August 1, 2012. This will be his last meeting with the Council. Mayor Golinski thanked Alderman Gilson for his service to his community. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. 2. For 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 Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye, Teeling-aye, Gilson-aye, Funkhouser-aye, Munns-aye The City Council entered Executive Session at 9:19 p.m. The City Council returned to regular session at 9:25 p.m. MAYOR'S REPORT Collective Bargaining Agreement between the Illinois FOP Labor Council Representing Yorkville Patrol Officers and the United City of Yorkville (CC 2012-53) Mayor Golinski entertained a motion to approve a collective bargaining agreement between the Illinois FOP Labor Council representing Yorkville Patrol Officers and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye The Minutes of the Regular Meeting of the City Council—July 24,2012—Page 9 of 9 Collective Bargaining Agreement between the Illinois FOP Labor Council Representing Yorkville Sergeants and the United City of Yorkville (CC 2012-54) Mayor Golinski entertained a motion to table a collective bargaining agreement between the Illinois FOP Labor Council representing Yorkville Sergeants and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye, Spears-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Aldennan Spears; seconded by Alderman Milschewski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:27 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois Economic Development Committee -B.U.I.L.D. Program Email from Lisa Peterson read into the record by Alderman Gilson Regarding the build program; I strongly oppose it. The purpose is to stimulate the economy by offering incentives to new homebuyers. I had originally mis-spoke because I thought that this build program was for 50 homes at $5,000 a home or $250,000. 1 realize now that the first incentive offered was for 30 homes at $5,000 a home or $150,000. 1 disagree with the statement that "No taxpayer's monies are being used to fund this program. Currently the city is facing a bond repayment debt of over 900 thousand dollars (almost 1 million) on the 2013 city budget for the Rob Roy Sewer Project. Which the city council has known about for almost four year now, and yet has made absolutely no provisions in the budget of how to pay for it. The monies or revenues that the city is supposed to be collecting for new water and sewer tap on fees from developers for new construction, is supposed to be going to pay off this bond debt; which the city has now decided to waive for the sake of stimulating the economy. So now who is paying the almost 1 million dollars worth of bond debt for next year. The taxpayers, that's who! Because now the city has no money to repay their bond debt, because they are deliberately choosing to waive these fees and not collect them to repay the bond debt for this build program. So since the city has no money to repay their debt, the city council just voted at the June 26, 2012 to pass that debt onto the taxpayers in the form of an additional $8.25 fee onto our existing water and sewer bill. The city receives the additional property tax revenue for 30 new homes, soon to be 60. The builders receive the income and revenue of building an additional 30 to 60 homes. And what do the taxpayers receive. Nothing, except higher water and sewer bills. And property taxes to boot. In 2010 the city voted to abate these bond debts onto the taxpayers thus raising the city portion of our property taxes from .43735 to .90196. An increase of 106%. In 2011 the city lowered the resident's portion of our property tax bill from .90196 to .07449, due to the fact that they put a referendum on the ballot to increase our sales tax 1%which I was opposed to and did not vote for. The city council likes to brag that they actually lowered the city portion of the property taxes by 30% this last year, but in reality, the city has raised our property taxes by over 61% in the last two years because of this Rob Roy Sewer Bond Debt. The city has raised my city sales tax by 1%, and most recently the city has raised my water and sewer bill by 8.25%. So please do not sit there and insult my intelligence by telling me that I am not paying for this build program, because I am. I am paying with higher sales taxes, higher property taxes and a higher water and sewer bill. I asked at the 05-12 city admin meeting when the city would start taking the property tax revenues being collected from these new construction homes and apply them to the Rob Roy sewer bond and I was told that the city cannot do that until they receive 200 building permits in a single year. That could take 10 years or more for the city to reach that goal. So the builders are making money with increased sales, the city is making money with property taxes from new homes. And I am being forced to pay for it all with higher property taxes, higher sales tax and higher water and sewer bills. No this build program is not a good thing. Community&Liaison Report—Agency on Aging Report received from Alderman Spears LIAISON REPORT AGENCY ON AGING The 17th annual Senior Lifestyle Expo will be held from 9:00 a.m. to 2:00 p.m. on Tuesday August 21 and Wednesday 22. This event will be held at the Drury Lane Theatre and Conference Center in Oakbrook Terrace. Over 100 product and service exhibitors will participate. There will also be a health and wellness aisle, educational seminars, main stage entertainment, as well as 7th annual Senior idol competition. Seniors ... Do you want to perform on stage at the Drury Lane Theater? Do you...Sing, Play an Instrument, Do Magic, Tell Jokes? Tickets are: $3.00 at the door with no coupons $2.00 in advance for groups of 10 or more $1.00 off with Web Coupon. Page 1 of 2 Community&Liaison Report—Agency on Aging Report received from Alderman Spears Matinee Performance of Drury Lane's "39 Steps" A thrilling comedy adapted from the 1935 Alfred Hitchcock film. This year, the agency partnered with the Stop Senior Hunger campaign, a Comfort Keepers initiative, for their first ever food drive! The Senior Expo has always supported the Holiday Meals on Wheels program and this food drive will do even more to help. Volunteers are needed for the event. Page 2 of 2 REGULAR CITY COUNCIL MEETING o PLEASE PRINT N SUBDIYISION OR BUS SS: z, Vc, V mlc�b S M ())5 b-0 y �� ���� � ��� r \/crkv wo 1-1 &J."fe,6"VAt,Jp 1(7 SIGNIN REGULAR CITY COUNCIL MEETING 1 �d PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: Vey- 9 ���� �lStv1�C� �c��L•w�1��2�+ l �M s CA 1 _ r SIGNIN REGULAR CITY COUNCIL MEETING Public Comment 2 4, 00 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN