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City Council Minutes 2010 06-22-10 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 22, 2010 Mayor Burd called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Absent Werderich Present Ward I I Gohnski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Finance Director Mika, City Engineer Wywrot, Public Relations Officer Spies, and Community Development Director Nobel OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd asked that Herschel Luckinbill with Honor Flight Chicago be allowed to make a presentation at this time. PRESENTATIONS Honor Flight Chicago Herschel Luckinbill thanked Mayor Burd for inviting him to address the City Council. He explained that Honor Flight was founded in 2008 to recognize veterans especially those from WWII. The idea was conceived by Earl Morse after he arranged for twelve WWII veterans to fly to Washington D.C., at no cost to them, to see their memorial. He found the event so gratifying that he began the Honor Flight organization. Honor Flight Chicago works with WWII vets who live within a 120 mile radius of Chicago. Since the group was founded, 1300 Chicagoland vets have been flown to Washington, D.C. with 1400 still waiting to go. Each flight averages 80 vets along with volunteer guardians to assist them. Guardians pay $425.00 for the trip. Eleven flights are scheduled for 2010 with each flight costing approximately $50,000.00. The group is in need of volunteers and funding. He distributed information on Honor Flight Chicago including statistics that apply to WWII vets (see attached) and outlined the itinerary. He further explained that tomorrow morning he would be waking at 2:30 a.m. to get to Midway Airport so that he can join ninety -three vets, including Clerk Milschewski's father, on their journey to Washington, D.C. He informed the City Council that on Friday, July 16, 2010 there will be a fundraising event for Honor Flight Chicago at Ralph's Place from 4:30 p.m. to 8:00 p.m. They will be serving steak and all the trimmin The cost is $30.00 and veterans eat free. There will be entertainment and raffles. He invited everyone to come out and support the veterans. ADDITIONAL AMENDMENTS TO THE AGENDA Alderman Spears requested that Item 92 - Downtown Parking Lot — Design Engineering Agreement - (PW 2010 -43) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee report. Amendment approved unanimously by a viva voce vote. A motion was made by Alderman Spears to remove Item #3 - Resolution Regarding Night -Time Work for Reconstruction of Illinois Route 47 (PW 2010 -44) to the regular agenda under the Public Works Committee Report for a First Reading; seconded by Alderman Golinski. i The Minutes of the Reeular Meeting of the Citv Council — June 22, 2010 — na L22 A motion was made by Alderman Spears to table Item 44 - Punch List Processes (PW 2010 -38) until the July 13, 2010 City Council meeting; seconded by Alderman Werderich. I Amendment approved by a viva voce vote — Ayes -7 Nays -1 (Sutcliff) i Mayor Burd entertained a motion to table Item #3 — Ordinance Regarding a Policy and Procedure to Create a Funding Mechanism for Sidewalk, Trails and Paths (PW 2010 -41) be tabled until the July 13, 2010 City Council meeting. So moved by Alderman Spears; seconded by Alderman Golinski. Motion defeated by a roll call vote. Ayes -3 Nays -4 Plocher -nay, Werderich -aye, Golinski -aye, Teeling -nay, Sutcliff- -nay, Munns -nay, Spears -aye - COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., July 20, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., July 6, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., July 15, 2010 Ci ty Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 24, 2010 City Hall Conference Room PRESENTATIONS Green Teen Certificate - Taylor Coffey Mayor Burd reported that the Green Committee asked that a student at Yorkville High School be recognized for their commitment to the environment. She presented Taylor Coffey with an award for his work with electronics collection and for helping reduce the use of styrofoam in the YHS cafeteria. Mr. Coffey explained that he joined the Students Acting for the Environment Club run by Mr. Wolfe at YHS and as an officer of the club; he helped revamp it so more students could participate. PUBLIC HEARINGS None. CITIZEN COMMENTS Linzie Coffey followed up on his previous donation to the city of an antique postcard showing a view of the Fox River Bridge. He presented the city with an enlarged copy of the postcard. Bill Kispert, Heartland subdivision, expressed his concern with the detour for Heartland Circle coming through the Heartland subdivision. He stated he received a letter explaining that the detour is being removed and rerouted to Spring Street. He recommended that the City Council support this. He noted that he lives across from Sleezer Park where the street is narrow and parents and kids are always crossing. He stated that there is little room for concrete or 18 -wheel trucks to go through. Construction traffic would be better routed down Spring Street. Rick Reinert, Bristol Bay subdivision, commented on the amendments to the Bristol Bay Annexation Agreement. His concerns were: • Relinquishing the recapture agreement — the city is trading park land for releasing a loan. Residents were told there would be five parks but there are only three. • Park/Land Cash Fees — residents feel this should be waived if Centex will give the city the park. • Security reduction of certificates of occupancy — the city charges for each new home 110% for "outside finishing ". Residents would like this reduced to about 75 %. • Consideration of townhomes or single family residents — changing the condos to houses or townhomes reduces the number of units_ Residents will have to share the cost of water /sewer in the area. Prices will go up and residents are not willing to pay increased homeowners association, taxes, etc. • Building codes — residents feel the building codes should stay the same for the next five years. Kevin Carrera, attorney for LayCom, stated that his client objects to the amendment. When reviewing the staff comments he noticed there were changes made to the amendment since the public hearing. He stated he did see a "red lined" copy on the packet. He noted that there are comments from staff and Attorney The Minutes of the Regular Meeting of the Citv Council — June 22, 2010 — nage 3 Orr regarding the recapture being waived. He felt this was not being waived but rather being given to the city for them to decide to recapture or waive in the future. He felt that Centex is actually "assigning" the recapture to the city. He asked if the City Council would have considered the $150,000.00 instead of the 150 acres when the annexation agreement was originally before them. CONSENT AGENDA 1. Sunflower Estates Phase 3 — Final Acceptance and Bond Reduction 43 - accept public improvements for watermain, sanitary sewer, storm sewer, paving, streetlighting, and parkway landscaping as described in the Bill of Salefor ownership and maintenance; and authorize reduction to Gulflnsurance Company Bond No. B21867156 in an amount not to exceed $11,173.36, subject to verification that the developer has no outstanding debt owed to the city, for this project (PW 2010 -42) 2. Ordinance 2010 -29 - Declaring the United City of Yorkville's Compliance with the Illinois Prevailing Wage Act - authorize Mayor and City Clerk to execute (ADM 2010 -42) i Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Mums -aye, Sutcliff -aye, Teeling -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Community Development Director Barksdale -Noble reported that at the June 9, 2010 the Plan Commission recommended a text amendment to the M -1 Manufacturing District allowing for the brewing of alcohol. This will be moving on to the Economic Development Committee next. Also, U.S. Cellular is asking for a height variance for a tower on Route 34 and Eldamain Road. There will be a public hearing for this matter at the July 7, 2010 Zoning Board of Appeals meeting. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of April 27, 2010; seconded by Alderman Spears. Alderman Spears noted an error to the vote on page 14_ She asked Clerk Milschewski to verify the vote. The count is correct but the roll is wrong. A motion was made by Alderman Werderich to approve the minutes as corrected; seconded by Alderman Plocher. Motion approved unanim ously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated June 14, 2010, totaling the following amounts: checks in the amount of $6,216.41 (vendors FY 09/10); $878,901.93 (vendors FY 10 /11); 247,200.25 (payroll period ending 6/5/2010) ; for a total of $534,677.32; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays-0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Teel' aye, Golinski -aye, Werderich -aye REPO TS MAYOR'S REPORT No report. i CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Gardiner read two memos from Attorney Orr (see attached) regarding the removal of appointed officers and the statutory requirements of the Library Board to report "the conditions of their trusts" to the City Council. Mayor Burd added that the Director of the Library, Michelle Pfister, will report at the next City Council meeting. The Minutes of the Regular Meeting of the Citv Council — June 22. 2010 — Dage 4 Alderman Spears asked if the City Council could get a copy of Attorney memos and a breakout of Attorney Orr's fee to research these matters. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. i CITY ADMINISTATOR'S REPORT Administrator Olson reported that he attended the Aurora Paddlesports Festival on June 12 & 13, 2010 in an effort to publicize the new canoe chute in Yorkville however the event was rained out on Saturday and low attendance on Sunday due to weather. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The next Music Under the Stars will be held on Friday, June 25, 2010. Just B Natural will be performing at 6:00 p.m. and Parrot Head Express will be performing at 7:00 p.m. • The city will be partnering with the Chamber of Commerce for the Music Under the Stars/River Night event on August 13, 2010. The event will be at the Riverfiont Park. The Chamber will be providing food, drinks and games. More details will be coming soon. COMMUNITY DEVELOPMENT DIRECTOR REPORT Community Development Director Barksdale -Noble reported: • The Zoning Commission will be meeting June 23, 2010 to discuss the Zoning Ordinance. • On July 6, 2010 the Community Development Department will have a new unpaid intern to work with the GIS system. She has previously interned with the U. S. Department of the Interior and is also an instructor at a community college in Ohio. COMMUNITYRELATIONS OFFICER'S REPORT Mrs. Spies reported that the Community Yard Sale was a success with fifty -one booths. She has already received request for an event next year. She thanked staff for their assistance with the event especially with getting everyone out of the area before the storm hit on Friday. COMMUNITY & LIAISON REPORT Metropolitan Mayors Caucus Mayor Burd read a report on her recent attendance at the Metropolitan Mayors Caucus on June 4, 2010 (see attached). Human Resource Commission Alderman Plocher reported that he attended the Human Resource Commission meeting where they worked on the Historic Street Name list. Library Board Mayor Burd reported that she attended the Library Board meeting and she encouraged anyone interested in a library district to attend the meetings. Alderman Plocher added that the aldermen could email their opinion of a library district to him and he will take the information to the Library Board. The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 — uage 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle — Final Acceptance and Bond Reduction (PW 2010 -32) A motion was made by Alderman Plocher to approve the acceptance of the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision for ownership and maintenance, subject to verification that the developer has no outstanding debt owed to the city for this development, and that American Southern Insurance Company Bond 4B98804 — 010285 be reduced by the amount of $807,481.37; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Sutcliff -aye Heartland Circle — Detour Route (CC 2010 -55) A motion was made by Alderman Plocher to approve the removal of the Heartland Circle detour route; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye, Sutcliff -aye, Munns -aye Ordinance 2010 -30 Regarding a Policy and Procedure to Create a Funding Mechanism for Sidewalk, Trails and Paths (PW 2010 -41) A motion was made by Alderman Plocher to approve an ordinance regarding the policy and procedure to create a funding mechanism for sidewalk, trails and paths and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Werderich stated he encouraged the ordinance because there have been a couple of incidents where a business or a particular parcel of land was required to build a sidewalk across the property which was impractical. These property owners asked that the city to defer the installation of the sidewalk. Alderman Werderich stated that he asked staff to look into creating a fund where builders such as this would be required to put money to be used towards sidewalks in another location or a trail. Alderman Spears asked if this would include developments or developers. Attorney Gardiner explained section one of the ordinance and how it applied to developers. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Sutcliff -aye, Munns -aye, Spears -aye Downtown Parking Lot — Design Engineering Agreement (PW 20 10) A motion was made by Alderman Plocher to approve the Downtown Parking Lot — Design Engineering Agreement and authorize Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Spears noted that she has previously commented that the parking lot is not beneficial to handicapped individuals. Motion approved by a roll call vote. Ayes -6 Nays -1 Werderich -aye, Golinski -aye, Tee1mg -aye, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye Resolution Regarding Night -Time Work for Reconstruction of Illinois Route 47 First Reading (PW 2010 -44) ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2010 -31 Authorizing the Execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement (Autumn Creek Subdivision) (PC 2010 -05) The Minutes of the Regular Meetine of the Citv Council — June 8. 2010 — nag A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement (Autumn Creek Subdivision) and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Sutchff. Alderman Spears asked the City Council to vote against locking in fees for this developer. She noted that at the last City Council meeting the Council voted against locking in the River Oaks developer fees even though there was an error on the city's part regarding their agreement and rezoning. She felt it was hypocritical to lock in fees for Bristol Bay and Autumn Creek. As to locking in the building codes, Pulte is using the 2006 codes and she felt that this should be in the amendment. She also stated that the residents want the parks as promised. Alderman Spears noted that the fiscal impact analysis was not provided by the developer. Mayor Burd clarified that the park Alderman Spears is referring to is in Bristol Bay and Autumn Creek is now under discussion. Mayor Burd asked why there was no red -lined copy in the packets. Administrator Olson stated that staff was asked not to change the document since the June 8, 2010 public hearing. He explained that the original documents are in the packet as well as the revised copies which take in to account comments from the City Council, staff and those made at the public hearing. Staff is recommending the revisions be approved. To do this, a motion is needed to amend the agreement in order to take in the revisions. Administrator Olson went over the three changes made to the agreement since the public hearing; partial acceptance of public improvements within each phase, a fiscal impact analysis will be provided if the land is re- platted to change density and the developer will keep in place funds committed to Kennedy Road improvements. Alderman Spears questioned if the period to lock in the fees was eight or five years. Administrator Olson clarified it was eight years. Alderman Spears commented that without a red -lined copy of the document is was unclear and confusing. She felt the matter should be tabled until staff provided a red -lined copy to the City Council so that the aldermen could see what they were voting on. A motion was made by Alderman Spears to table the amendment to the July 13, 2010 City Council meeting after receiving a red -lined copy; seconded by Alderman Werderich. Motion defeated by a roll call vote. Ayes -3 Nays -4 Teeling -nay, Sutcliff -nay, Munns -nay, Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye Administrator Olson went over the document in detail and outlined the follov_�ing changes: • Page 1— no changes • Page 2 — Section 2 — the city agrees to consider replatting north of Kennedy Road for new lot sizes and product with no increase in density • Page 2 — Section 3 - partial acceptance of public improvements within each phase • Page 2 — Section 4 - applying the 2006 building codes • Page 3 — Item C — all fees in effect as of the original agreement will be locked until 2015 • Page 3 - Section 6 — the developer will provide a fiscal impact analysis with any change of density of the number of residences • Page 3 — Section 7 - the developer will keep in place funds committed to Kennedy Road improvements and not decrease as a result in density. Alderman Werderich commented that he voted to table this because there had not been a good dissemination of information. He was hoping for further discussion from members of the community. He stated that he would like input on the fiscal impact study but questioned when the proposal for lower density would be done. He felt that by the time it is done the analysis would be too late. Administrator Olson explained that the developer may want to change the density and if they decide to do so they will have to go through the process to do so; i.e. Plan Commission, Economic Development Committee, etc. This is when they will have to provide the impact analysis study. If the report indicates the change in density will have a negative impact then the City Council does not have to approve the developer's request. Mayor Burd added that by approving the amendment tonight the City Council is not approving any density changes. It is just indicating that it would be open to the possibility in the future. Alderman Munns asked if this was at an Economic Development Committee meeting and Alderman Golinski stated it was and they forwarded it on for a public hearing for input from the residents. The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 —Wage 6 A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement (Autumn Creek Subdivision) and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Sutcliff. Alderman Spears asked the City Council to vote against locking in fees for this developer. She noted that at the last City Council meeting the Council voted against locking in the River Oaks developer fees even though there was an error on the city's part regarding their agreement and rezoning. She felt it was hypocritical to lock in fees for Bristol Bay and Autumn Creek. As to locking in the building codes, Pulte is using the 2006 codes and she felt that this should be in the amendment. She also stated that the residents want the parks as promised. Alderman Spears noted that the fiscal impact analysis was not provided by the developer. Mayor Burd clarified that the park Alderman Spears is referring to is in Bristol Bay and Autumn Creek is now under discussion. I Mayor Burd asked why there was no red -lined copy in the packets. Administrator Olson stated that staff was asked not to change the document since the June 8, 2010 public hearing. He explained that the original documents are in the packet as well as the revised copies which take in to account comments from the City Council, staff and those made at the public hearing. Staff is recommending the revisions be approved. To do this, a motion is needed to amend the agreement in order to take in the revisions. Administrator Olson went over the three changes made to the agreement since the public hearing; partial acceptance of public improvements within each phase, a fiscal impact analysis will be provided if the land is re- platted to change density and the developer will keep in place funds committed to Kennedy Road improvements. Alderman Spears questioned if the period to lock in the fees was eight or five years. Administrator Olson clarified it was eight years. Alderman Spears commented that without a red -lined copy of the document is was unclear and confusing. She felt the matter should be tabled until staff provided a red -lined copy to the City Council so that the aldermen could see what they were voting on. A motion was made by Alderman Spears to table the amendment to the July 13, 2010 City Council meeting after receiving a red -lined copy; seconded by Alderman Werderich. Motion defeated by a roll call vote. Ayes -3 Nays -4 Teeling -nay, Sutchff- -nay, Munns -nay, Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye Administrator Olson went over the document in detail and outlined the following changes: • Page 1— no changes • Page 2 — Section 2 — the city agrees to consider replatting north of Kennedy Road for new lot sizes and product with no increase in density • Page 2 — Section 3 - partial acceptance of public improvements within each phase • Page 2 — Section 4 - applying the 2006 building codes • Page 3 — Item C — all fees in effect as of the original agreement will be locked until 2015 • Page 3 - Section 6 — the developer will provide a fiscal impact analysis with any change of density of the number of residences • Page 3 — Section 7 - the developer will keep in place funds committed to Kennedy Road improvements and not decrease as a result in density. Alderman Werderich commented that he voted to table this because there had not been a good dissemination of information. He was hoping for further discussion from members of the community. He stated that he would like input on the fiscal impact study but questioned when the proposal for lower density would be done. He felt that by the time it is done the analysis would be too late. Administrator Olson explained that the developer may want to change the density and if they decide to do so they will have to go through the process to do so; i.e. Plan Commission, Economic Development Committee, etc. This is when they will have to provide the impact analysis study. If the report indicates the change in density will have a negative impact then the City Council does not have to approve the developer's request_ Mayor Burd added that by approving the amendment tonight the City Council is not approving any density changes. It is just indicating that it would be open to the possibility in the future. Alderman Munns asked if this was at an Economic Development Committee meeting and Alderman Gohnski stated it was and they forwarded it on for a public hearing for input from the residents. The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — page 7 Mayor Burd noted that she received several emails after the public hearing. Residents feel this was initiated by Pulte however the amendment was initiated by the city due to issues with Centex. The earlier agreement put the city in a bad financial situation because the city owed the developer over $1 million for stormwater detention engineering fees and a wetland consultation. She added that Pulte will pay.the city twenty connection fees per year for sewer infrastructure improvements while the city will take on the Route 47 improvements. She commented that the freeze of fees is so the developer could maintain the fees indicated in the original agreement and she noted that the builders will be using a better code than required by the city. She stated that she was hoping to set up a meeting at the Bristol Bay clubhouse to discuss this further with residents. Alderman Spears commented that she was voting against the ordinance for several reasons; the cost for the Route 47 improvements is unknown, the meeting at Bristol Bay is after the fact, she questioned the partial acceptance, the lack of a red -lined copy, etc. Alderman Munns noted that Bristol Bay and Autumn Creek were blending together. He commented that developers ask for concessions when things are tough but never give back to the city when things are good. He felt that the rules have changed due to the economy and that this was not an easy decision. Mayor Burd reiterated that this amendment was at the request of the city. She noted the economic times and the city's lack of funds. She did not feel the city was giving major concession. She added that she believed the City Council should not be presented with a changed document without voting to amend. She stated that she told the staff not to change documents coming out of committee meetings. She stated that she will try to make this process smoother in the future. Alderman Golinski clarified that nothing in the original PUD was being changed and only an amendment is being added. Administrator Olson stated that this was correct. Alderman Golinski felt that the amendment was in everyone's best interest. A motion was made by Alderman Plocher to approve the amended agreement as presented; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -2 Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Golinski -aye, Teeling -aye, Burd -aye Ordinance 2010 -32 Authorizing the Execution of an Amendment to the Annexation Agreement Dated April 26, 2005, Pertaining to the Bristol Bay Subdivision (PC 2010 -06) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an amendment to the Annexation Agreement dated April 26, 2005, pertaining to the Bristol Bay Subdivision and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Munns. I Administrator Olson noted that the format for the vote on this ordinance is the same as on the previous one. He stated that this agreement has nothing to do with the $150,000.00 for parks, they are not asking for a waiver, if this is approved the obligation still exists. The developer has agreed to funds up front however the timing is being moved. Alderman Werderich reiterated his previous concern that not enough information was provided to the residents of the area. He suggested that the residents be given a synopsis of the situation with the 150 acre park. Administrator Olson reiterated that the amendment has nothing to do with the park. Mayor Burd explained that the park goes with the land south of Galena Road which Centex is not purchasing. They are still contributing $150,000.00 for the park. Administrator Olson discussed the parks pending for Bristol Bay including the community build park. Alderman Spears questioned why it was so important to pass these ordinances tonight rather than taking the time to present the information to the City Council and the residents. Administrator Olson explained that there is no expedited schedule set however he thought all the issues had been "buttoned up." The attorney representing Standard Redevelopment commented that the bank owns the property south of Galena Road and while he was not for or against the amendment, he wanted information on the park. He stated that the amendment is not clear in regards to this. He asked the City Council to table the matter. Mayor Burd explained that the properties are tied together through pending litigation. The attorney stated that the court will decide some of this so why rush. Mayor Burd commented that the city does not feel this affects his property. The attorney for Pulte clarified that the annexation agreement for the property The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — nage 8 south of Galena Road is not being changed and that the recapture for the area is being re- assigned to the City. Alderman Sutcliff commented that the attorneys were convoluting the situation. She stated that she has had the material on the amendment for awhile and feels it is clear. She added that the main objective is to get houses built 'in Bristol Bay and people are trying to create more confusion than necessan A motion was made by Alderman Plocher to approve the amended annexation agreement; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -2 Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Golinski -aye, Teeling -aye, Burd -aye Jessica Tiberio asked what if there is a negative impact from doing this. She stated that she has been attending meetings regarding this and never knew the city initiated the amendment until tonight. She stated that she did not trust that if there is a negative impact the resident's best interest will be considered. She stated that her perception of the amendment was changed by this knowledge. She noted that she was not against the developer but felt it was unfair that she did not have all the information. She also commented that she has been trying to get more information on the SSA but it has been difficult. She stated that Director Mika helped her with some information. Bernie Pallardy with the developer stated that he would be happy to attend the meeting with the mayor to discuss the SSA with the residents. Mayor Burd explained that the City Council was not aware of the negotiations initiated by the city. She stated that she did not want the city to be embarrassed by the mess created by a former administration however the city attorney suggested the mess should be explained to everyone. She stated that she was trying to do what was best without making a big issue out of it or by slinging mud at the past administration. She noted that she has spent three years addressing problems created by the previous administration. She did not feel the City Council was being sneaky. She added that the proposed project for south of Galena Road is amazing for the city and that she would like to discuss it finther with Bristol Bay residents. Alderman Spears asked if the developer wants to increase their SSA or HOA how did if affect the city? Attorney Gardiner stated that there is nothing in the amendment addressing this but he could not speak for the entire agreement. He felt Attorney Orr could address this better. He was unsure of what control the City Council had over this. Administrator Olson clarified that the HOA was a private agreement between the developer or HOA board and the homeowners. Fees for this are subject to bylaws. SSA's are subject to establishing ordinances which dictate the amount of the payment. There is a possibility that an SSA amount could change up or down. Alderman Spears requested that the meeting at Bristol Bay be noticed so the aldermen could attend. Mayor Burd stated that the meeting will not be a City Council meeting. Alderman Spears asked that it be reflected in the record that she will not be able to speak to the residents at the meeting and that she too just found out that the city initiated this action. Alderman Golinski clarified that if the developer comes back to the City Council asking to change the density, they have to submit a fiscal impact study and if it is negative, the City Council does not have to approve the request. Administrator Olson stated this was correct and reiterated that they would also have to file another amendment to the Annexation Agreement and go through this process again. i Ordinance 2010 -33 Approving an Amendment to the Annexation Agreement Dated April 26, 2005 Pertaining to the Bristol Bay Subdivision (Standard Bank) (PC 2010 -02) A motion was made by Alderman Golinski to approve an ordinance approving an amendment to the Annexation Agreement dated April 26, 2005, pertaining to the Bristol Bay Subdivision (Standard Bank) and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Munns. Administrator Olson gave the City Council an update on this rezoning request. He stated that the good news was that the agreement in the packet has not changed however the bad news is that after the packet was put together, Standard Bank had some concerns. They questioned if all the parties who signed the original agreement needed to sign the amendment. Some research was done and only one of the developer's signatures is needed. They also asked that the agreement be changed to reflect that it is between Standard Bank and the United City of Yorkville and no one else. He reiterated that the only The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — page 9 changes are on page 3 where a paragraph was added and on the signature page. Attorney Gardiner added that Attorney Orr reviewed the document and recommended the changes. I Administrator Olson explained that the change being voted on tonight is that the 180 acre townhome parcel is being eliminated. This does not affect the SSA or a HOA as this area of the development was not under the SSA and it had its own HOA. A motion was made by Alderman Plocher to approve the amended ordinance; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -6 Nays -1 Munns -aye, Spears -nay, Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye, Sutcliff -aye PUBLIC SAFETY COMMITTEE REPORT No report. i ADMINISTRATION COMMITTEE REPORT Ordinance 2010- 34 Amending the Code of Ordinances Providing for an Amusement Tax (ADM 2010 -08) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances providing for an Amusement Tax; seconded by Alderman Plocher. Alderman Spears stated that she did not support a tax that affected only three businesses in Yorkville and could not see penalizing them at this time. She noted that the city had issues but should not negatively impact businesses. Alderman Sutcliff stated that this has been under discussion since January 2010_ The businesses affected are not currently paying anything to the city. She noted that a huge sports complex is coming to Yorkville so the city should take advantage of this tax. The 3% tax won't be applied until October 1, 2010 so it won't affect Parfection Park and Raging Waves this year. Mayor Burd explained that the City Administrator is currently working with Raging Waves whose annexation agreement commits them to a 5% tax. Alderman Golinski stated that the way to increase the city's revenue is to attract business not detract them. He felt that this was sending the wrong message. He noted that this actually affects many businesses such as anyone with a pool table, video games, etc. Administrator Olson noted that the effective date of Octoberl, 2010 was not included in the ordinance. A motion was made by Alderman Sutcliff to amend the ordinance to state that the 3% tax would be effective as of October 1, 2010; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes4 Nays -3 Spears -nay, Plocher -aye, Werderich -nay, Gohnski -nay, Teeling -aye, Sutcliff -aye, Munns -aye A motion was made by Alderman Plocher to approve the ordinance as amended; seconded by Alderman Sutcliff. i Motion approved by a roll call vote. Ayes4 Nays -3 Plocher -aye, Werderich -nay, Golinski nay, Teeling -aye, Sutcliff -aye, Munns -aye, Spears -nay ADDITIONAL BUSINESS Sports Complex Mayor Burd stated that with the new sport complex coming to Yorkville the city looked for a new source of revenue with the amusement tax. At first the developer was against it but when they realized the how little it would affect them they agreed to it. She reported that the Ochoa's should be bringing a presentation on the sports complex before the City Council shortly_ She added that eh amusement tax can always be repealed if it is found to be onerous. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of discussing 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 The Minutes of the Reeular Meeting of the Citv Council — June S. 2010 — Mee 10 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 Werderich; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Sutcliff -aye, Munns -aye The City Council entered into executive session at 9:40 p.m. The City Council returned to regular session at 9:55 pm. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:56 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I j REGULAR CITY COUNCIL MEETING June 22, 2010 i I PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: re-3 tA 25/t 'fl- Gay k ; e lC ��� r fis / SIGNIN REGULAR CITY COUNCIL MEETING Public Comment June 22, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: i�r"R�s'r Mil k c �� It.L j o�v/Z �� r 6.. - C K�c.9c �. � . ✓ L � � � �.- �� • � � cam' �.� � , ,� SIGNIN i BOOR MONT CHICAGO Honor Flight Chicago Bringing Chicago's Vets to DC - with Honor The American veteran is one of our greatest treasures... those men and women who answered our nation's call, especially at times of our greatest need. Our mission is to honor and thank those veterans - c especially now our WWII veterans by bringing them to Washington DC, at no cost to them, for a day of honor. Won't you join us as we treat these humble, unassuming men and women to a most extraordinary day? Volunteer to help us with our flight logistics or become a guardian to safeguard our vets on their flight day. The cost is roughly $500 per veteran to go to Washington. Donate with your time or resources to help us send as many vets as we can. There are an estimated 25,000 WWII veterans in the Chicagoland area - we'd like to reach every one. We invite you to view our documentary narrated by Gary Sinise and see what we are all about. Mary Pettinato President HFC i t By the Numbers i i 0 I Number of Employees 27 I The Age of Honor Flight Chicago (months) 200+ I Number of Volunteers 300+ I Number of Guardians 5 I Number of flights Flown in 2008 9 I Number of flights Flown in 2009 11 I Number of flights targeted in 2010 1294 Number of Vets taken to their memorial by Honor Flight Chicago so far 1300+ I Number of Veterans on the Waiting List 87 I The Average Age of Our Vets on the Waiting List 25,000 I Estimated WWII Vets in the Chicago Area $0.90+ Amount of every dollar donated that goes to the Veterans' flights 5 -7 The estimate when most of our WWII Vets will no longer be Years with us 1,000 I Number of causes that Need Your Help 1 I Reason to join ours — The Vets and what they did for us! Mission Statement Our mission: Honor Flight Chicago was founded to recognize our veterans — most specifically our WWII veterans — with a day of honor, remembrance and celebration from a proud and grateful nation. Honor Flight Chicago is a 501c3 non - profit organization, founded in February 2008. Four Chicago women asked themselves what they could do to honor and thank our veterans — especially our VWVH vets, whose courage and determination to do the job they were sent to do still echoes down the years. The founding members have assembled the talents and commitment of a group of people who share their love and respect for our veterans, dedicated people who are working to deliver on the promise of Honor Flight. Honor Flight Chicago is very proud of its staff of over 350 volunteers and guardians. Without these dedicated individuals, we would not be able to serve our veterans in the capacity we do. Our volunteers and guardians work year round through veteran outreach, community and school education, fundraising and public relations. Please check out our website: www.honorflightchicaLio.org For additional information or to make a donation that will help Honor Flight Chicago continue to honor our veterans make check to: Honor Flight Chicago % Herschel Luckinbill — Honor Flight Ambassador 1603 Timber Lane Drive Montgomery, IL 60638 Or contact me at: 630 -9591 luckinbi111603 @sbcglobal.net LAW OFFICE ✓ KATHLEEN FIELD ORR & ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (312)382-2113 (312)382 -2127 facsimile c I KATHLEEN FIELD ORR LISA G. BERNSTEIN kfo cOkfoassoc.com leb(@.kfoassoc.com MEMORANDUM To: Mayor and City Council of the United City of Yorkville I From: Kathleen Field Orr, City Attorney Date: June 17, 2010 Subject: Removal of Appointed Offices s i At a recent meeting of the Yorkville Public Library Board of Trustees, those present were advised that the Mayor may only remove a Library Trustee if the Trustee commits a crime or is not in keeping with their duty to the public. The Illinois Local Library Act specifically provides that the Mayor may remove any Library Trustee in the manner provided in the Illinois Municipal Code [75 ILCS 5/4- 1.1(b)]. The purpose of this memo is to clarify the statutory requirements and procedures for the removal of an officer appointed by the Mayor as set forth in the Illinois Municipal Code. The Illinois Municipal Code at Sec. 3.1 -35 -10 authorizes the mayor or president to remove any officer appointed by the mayor or president on any written charge, whenever the mavor or president is of the opinion that the interests of the municipality demand removal. Case law does not establish specific criteria for such removal but said section requires the mayor or president to report the reasons for removal at a meeting of the City Council or Board of Trustees held not less than 5 nor more than 10 days after removal. If the mayor or president fails to make such report or the corporate authorities disapprove the removal by 2/3 vote of all members authorized to be elected (no less than 6 votes no matter the number present in the case of Yorkville), the officer shall be restored the office. LAW OFFICE KATHLEEN FIELD ORR & ASSOCIATES ` 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (312)382 -2113 (312)382 -2127 facsimile KATHLEEN FIELD ORR LISA G. BERNSTEIN kfo a.kfoassoc.com 16 kfoassoc.com i MEMORANDUM To: Mayor and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: June 18, 2010 Subject: Yorkville Public Library s i The memorandum is to advise you of the statutory requirements of the library board of trustees to report "the condition of their trust" to the city council within thirty (30) days after the expiration of each fiscal year. This report is in addition to any reports required to the state, however, a copy of the report to the City Council must also be filed with the Illinois State Library. This annual report must contain the following: "(1) an itemized statement of the various sums of money received from the library fund and from other sources; (2) an itemized statement of the objects and purposes for which those sums of money have been expended; I (3) a statement of the number of books and periodicals available for use, and the number and character thereof circulated; (4) a statement of the real and personal property acquired by legacy, purchase, gift or otherwise; (5) a statement of the character of any extensions of library service which have been undertaken; (6) a statement of the financial requirements of the library for the ensuing fiscal year for inclusion in the appropriation of the corporate authority, and of the amount of money which, in the judgment of the board of library trustees, it will be necessary to levy for library purposes in the next annual tax levy ordinance; (7) a statement as to the amount of accumulations and the reasons therefor; (8) a statement as to any outstanding liabilities including those for bonds still I 2 outstanding or amounts due for judgments, settlements, liability insurance, or for amounts due under a certificate of the board; (9) any other statistics, information and suggestions that may be of interest." i Metropolitan Mayors Caucus business meeting on June 4 at the Microsoft Corp. in Chicago. An organization of mayors from throughout the Chicago metropolitan region. First there was a panel discussion on the state of the Illinois budget between Laurence MSall, president of the Civic Federation, a non - partisan independent fiscal policy research organization; J. Thomas Johnson, president of the Taxpayers' Federation of Illinois; and R. Eden Martin, president of the Commercial Club of Chicago. M. Msall's take on the budget is that the deficit is rooted in underfunding the pension fund and in overspending. He estimates the deficit at $12.9 billion, with $6 billion in unpaid bills. He says there is pressure to push the budget problem onto other units of government, like municipalities. Mr. Johnson added that there are actually two deficits — an accumulated deficit of between $6 and 7.4 billion; and a structural deficit of $6.7 billion that will grow to $7.6 billion by 2012 without any increase in spending. He attributes this problem to personal corporate income taxes and sales taxes because inflation is so low. He said we have experienced recessions in the past, but never t his low inflation rate. Mr. Martin agreed that the unfunded pension liability is the problem. He talked about a $14.5 billion imbedded deficit. He pointed out that the state's non - pension, non - retirement liability makes up only 20% of the state's budget. Without the pension liability, the state wouldn't be in trouble. He doesn't believe it is a spending issue. He says that all the states are facing this problem and that there is a $2 -3 trillion national unfunded pension liability. He added that he doesn't think this is a partisan problem and that if everyone were being truthful, they would admit that cuts will have to be made and taxes will have to be raised. Some of the mayors commented on having the deficit passed on to the municipalities by the General Assembly. At the municipal level, we all have cut our budgets, frozen salaries, and taken furloughs. No one is representing the majority of taxpayers when decisions are being made. The General Assembly is listening to interest groups. One mayor said state legislators should fix the pensions and that will require courage but electibility is the last thing that should be worried about when looking at pension reform. Also in attendance and speaking was State Senate President John Cullerton, a Democrat; and assistant House Republican Leader Mark Beaubien. State Sen. Kirk Dillard Sen Cullerton pointed out that there was a $3.8 billion drop in state revenues. He is in favor of major ethic reform. Beubien said he is in favor of a single investment group being formed. Right now, there are 600 pension boards overseeing police and fire pensions in the state of Illinois. He said there are too much politics involved with pension reform. i Sen Dillard said Medicaid is the state's largest expenditure and he believes its up to 10% fiaudulent, which could equal $1.3 billion a year in savings to the state if it was stopped. I i f i