The URL can be used to link to this page

City Council Packet 2007 09-25-07 ,cti° C'Ty United City of Yorkville 800 Game Farm Road EST 1 ,936 Yorkville, Illinois 60560 ® Telephone: 630-553-4350 Fax: 630-553-7575 <tE �vv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, September 25, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 7:00 p.m., October 2, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., October 16, 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., October 2, 2007 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., October 16, 2007 City Hall Conference Room City Council Meeting Agenda September 25, 2007 Page 2 Presentations: 1 . Swearing-in of Tom Grimes as Patrol Officer 2. Swearing-in of Scott Fiandalo as Patrol Officer 3 . Swearing-in of Barry Groesch as Sergeant 4. Swearing-in of Samuel Stroup as Sergeant --------------------—---------------------------------------------- -------------------------------------------------------------------------------------------------------------------------- ---------------------------- Public Hearings: Citizen Comments: Consent Agenda: 1 . PKBD 2007-20 Riemenschneider (Prairie Meadows) Park Construction Bid Results — award contract to L.J. Dodd in an amount not to exceed $268.237. 60 Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — August 28, 2007 Minutes of Special City Council — August 14, 2007 Minutes of Committee of the Whole — August 28, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1 ,217,778.25 (vendors) $ 256,064.07 (payroll period ending 9/15/07) $ 1 ,473 ,842.32 (total) Reports: Mayor's Report: 1 . COW 2007-24 Library Bond Tax Discussion 2. COW 2007-25 Request for Mechanical Amusement Device License — Taylor Street Pizza 3 . COW 2007-26 Adhoc Citizen's Advisory Committee for Senior Issues City Council Report: 1 . COW 2007-29 City Shirt Order 2. COW 2007-30 Autumn Creek SSA Discussion City Council Meeting Agenda September 25, 2007 Page 3 Reports (con't): City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: 1 . CC 2007- 14 Hamman Yardwaste Facility Status Report Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . PW 2007-142 202 River Road — Dedication and Vacation of Utility Easements Economic Development Committee Report: 1 . PC 2007-29 Resolution Approving Final Plat of Subdivision for Autumn Creek Unit 2 2. ZBA 2007- 19 Ordinance Approving a Variance Request for 505 Heustis Street Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . ADM 2007-68 Employee Drug Testing Policy Additional Business: Executive Session: 1 . 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. 2. For the purchase or lease of real property for the use of the public body. Adjournment: City Council Meeting Agenda September 25, 2007 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------ ------------------------ PUBLIC WORKS; __ ______________ _ - ------------- ----------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff ..------ ECONOMIC- DEVELOPMEN----=-------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLICSAFETI Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ------------------------------ ADMINISTRATIO ; Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, September 25, 2007 Immediately following Committee of the Whole CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --...................---...........----...............----------------------......... -------------------------------------------------- 1 . Swearing-in of Tom Grimes as Patrol Officer 2. Swearing-in of Scott Fiandalo as Patrol Officer 3 . Swearing-in of Barry Groesch as Sergeant 4. Swearing-in of Samuel Stroup as Sergeant --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: -..............................--------...........------...........-.......-------------...................... ---------------------- 1 . None --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS : --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PKBD 2007-20 Riemenschneider (Prairie Meadows) Park Construction Bid Results ❑ Approved ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL/CORRECTION: --------------------------------------------------------------------------------------------------------------------------------------- 1 . Minutes of City Council — August 28, 2007 Approved ❑ As presented ❑ With corrections 2. Minutes of Special City Council — August 14, 2007 ❑ Approved ❑ As presented ❑ With corrections 3 . Minutes of Committee of the Whole — August 28, 2007 ❑ Approved ❑ As presented ❑ With corrections ----------------- --------------- ------------------ ---------------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------........... -------- 1 . COW 2007-24 Library Bond Tax Discussion ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. COW 2007-25 Request for Mechanical Amusement Device License — Taylor Street Pizza ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------- ---------------- --------------------------------------------------------------------- ----------- 3 . COW 2007-26 Adhoc Citizen's Advisory Committee on Senior Issues ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: --------------------------------------------------------------------------------------------------------------......................... 1 . COW 2007-29 City Shirt Order ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------------------------------------------------- 2. COW 2007-30 Autumn Creek SSA Discussion ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------- ------------------------------------------ CITY ADMINISTRATOR REPORT: ........------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2007-14 Hamman Yardwaste Facility Status Report ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- l . PW 2007- 142 202 River Road — Dedication and Vacation of Utility Easements ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2007-29 Resolution Approving Final Plat of Subdivision for Autumn Creek Unit 2 ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ZBA 2007-19 Ordinance Approving a Variance Request for 505 Heustis Street ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . ADM 2007-68 Employee Drug Testing Policy ❑ Approved ❑ Denied ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- ♦�eD cl py Reviewed By: Agenda Item Number 2 O J " T Legal ❑ A EST c �� 1e36 Finance ❑ 1 - Engineer ❑ Tracking Number � L City Administrator ❑ 9 re asd, �O Consultant ❑ ❑ PKBD 2007-20 E�`Vv Agenda Item Summary Memo Title: Riemenschneider(Prairie Meadows)Park Construction Bid Results Meeting and Date: City Council— September 25, 2007 Synopsis: Bid tabulation and recommendation for the construction of Riemenschneider Park. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Award contract to L.J. Dodd for the construction of Riemenschneider Park. Submitted by: David Mogle Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo United City of Yorkville Memo 800 Game Farm Road esr 1 1836 Yorkville, Illinois 60560 14 ` Telephone: 630-553 -4350 o ® ® y Fax 630-553-7575 � . ,, , o� �. ,2 <LE Date: September 5, 2007 To: City Cou c'1 From: Dave Mo , Director of Parks and Recreation CC: Subject: Riemenschneider (Prairie Meadows) Park Construction Bid Results Four (4) contractors returned bids that were publicly opened on August 9, 2007 for the construction of Riemenschneider (Prairie Meadows) Park, the City's 2006 Open Space and Land Acquisition Development Grant (OSLAD) project. This is a 50% matching grant through the Illinois Department of Natural Resources. The funds for this project are in the FY07/08 Land Cash Budget. The results are as follows: CONTRACTOR BASE BID TOTAL ADD ALT. TOTAL GRAND TOTAL L. J. Dodd $143,718.00 $ 171 ,701. 10 $315,419.60 Fuerte Systems, Inc. $228,236.00 $ 1149730.00 $342,966.00 Kenneth Co. $238,345.00 $ 133, 185 .00 $371,530.00 R & W Clark $254,265.00 $ 1359814.00 $3905079.00 L. J. Dodd was the low bidder for the project. The bid does not include the fireman' s memorial as it will be designed and constructed by the Bristol Kendall Fire Department. The total project budget is $442, 133 .00. The equipment cost is $103, 162.00. Park design fees through Schoppe Design are approximately $49,693 . A baseball field, to be built by parks staff (not included in the bid) will cost $ 10,000. With an additional $ 10,000 set aside for contingency, there is $269,278 available for park construction. The L. J. Dodd bid covers base bid work and all alternates, excluding landscaping, soil amendments, plant mulch, and seeding for a total of $268,237.60. In turn, park staff will do the landscaping. The bid was reviewed and approved by the Park Board on August 30. RECOMMENDATION Staff recommends awarding a contract to L. J. Dodd for the construction of Riemenschneider Park (Prairie Meadows) in the amount of $268,237.60 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN LS HELD IN THE CITY COUNCIL CHAMBERS DRAFT 800 GAME FARM ROAD ON TUESDAY, AUGUST 28. 2007. Mayor Burd called the meeting to order at 9:47 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward R Golinski Absent Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Director of Public Works Dhuse, Police Lieutenant Hart, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot 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 made the following amendments: • Item #3 — Request for Mechanical Amusement Device License — Sawmill Pizza from under the Mayor's Report and Item #1 - Ordinance Amending City Code Regarding Patio Licenses from the Public Safety Committee Report were moved from the regular agenda to the consent agenda. • The public hearing was removed from the agenda at the petitioner's request. Mayor Burd entertained a motion to table the public hearing. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. Alderman Spears amended the agenda by asking that Item #2 — Requests for Sponsorships under the Mayor's Report be removed from the agenda and sent back to the Human Resource Commission for review. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, September 4, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, September 18, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, September 4, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, September 18, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. The Minutes of the Reeular Meeting of the City Council — August 28. 2007 — page 2 CITIZEN COMMENTS Elsie Morganegg, Prairie Meadows subdivision, addressed the Council and expressed her concern with the Library tax issue. She stated that she moved into Prairie Meadows in August of 2006 and she is now being billed for a tax that applied to 2005 when her house did not exist 2005. She did not feel it was fair for people who were not living in their residences in 2005 to pay for a tax that was mistakenly not applied to the real estate tax bills. Carol Foster of Fox Hill subdivision thanked Chief Martin and the Police Department for addressing the trucks pulling out of the Kohl's construction site onto Route 34. She questioned why the temporary light has not been installed at the Route 34 and Sycamore intersection. She noted that anew traffic light has been installed on Route 47 just north of Route 71 . She stated that she was stopped by the light for only one on to go through the intersection from the shopping area. She commented that there was a quote in a local newspaper which stated that the traffic light at Sycamore was a public safety need. City Engineer Wywrot explained that the contract for the light design was issued in July and the plans need to be submitted to IDOT. This should happen next week and he anticipated that the Sycamore temporary light would be installed late this year. He further commented that the Route 47 light that Ms. Foster noted was designed two years ago. Ms. Foster noted that the bases for the Sycamore lights were installed six years ago. Mark Johnson 204 Georgina commented that the city will have to check with Kendall County on how the Library tax was applied. He stated that 105% of a real estate tax bill is typically planned for at a house closing. He explained that he went to a realtor website which indicated that there were 297 closing in 2006 and 214 in 2005. He stated that if$100.00 to $200.00 in tax was applied, this would equal approximately $60,000.00 to 120,000.00 in possible lost funds to the city. Todd Milliron, 61 Cotswold Drive, commented hat the Library tax is a problem that came from the previous administration and was the responsibility of the prior Finance Director. He stated that it was in the realm of her responsibility "to do that levy correctly" and it didn't get done. He stated that the solution being applied was developed by former mayor Art Prochaska and former city attorney John Wyeth. He stated that the citizens want this dealt with fairly. Mr. Milliron went on to comment on the Mechanical Amusement License. He stated that he has done research on this and the only business to have a City Council vote was Legends Sports Bar. He stated that he asked to see the licenses and the votes for five other businesses and it appears that there never was a city council vote on the other licenses. He noted that it appears that Sawmill Pizza, under its former ownership, never had a license. Mr. Milliron went on to discuss several more businesses however Alderman Spears interrupted t explained to him that the City Council realizes there was a problem with issuing licenses and it is being addressed. Mr. Milliron also read from a new law regarding annexations located within 1 .5 miles of corporate boundaries which states the property is subject to the ordinances and control of the municipality. Properties located more than 1 .5 from the corporate properties are subject to the ordinances, control and jurisdiction of the annexing municipality unless the county bond retains jurisdiction by an affirmative vote of 2/3 's of its members. He stated that this law becomes affective in January 2008. He stated that this gives county citizens a chance to talk to the county board members regarding future annexations that it applies to. He gave this information to Attorney Roth. CONSENT AGENDA 1. Request for Mechanical Amusement Device License — Sawmill Pizza — approve as presented, subject to approval by the city's zoning department and also the Kendall County Health Department (COW 2007-17) 2. Ordinance 2007-58 - Amending Sections 3-3-4-5F of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code — subject to legal review (PS 2007-16) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Leslie; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next ZBA meeting is scheduled for September 5, 2007 and the next Plan Commission meeting will be held on September 12, 2007. The Minutes of the Regular Meeting of the Citv Council — August 28, 2007 — Tinge 3 Mayor Burd reported that the Plan Commission is holding a regional planning session meeting on September 20, 2007 at the Yorkville Library. Director Miller noted that the subjects discussed will be traffic and congestion. MRVUTES FOR APPROVAL A motion was made by Alderman Moons to approve the minutes of the City Council meeting from Depo Court of July 24, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. A motion was made by Alderman Munns to approve the minutes of the Committee of the Whole meeting August 14, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. A motion was made by Alderman Mmms to approve the minutes of the Ward H Meeting of August 6, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Morris to approve the paying of the bills listed on the Detailed Board Report dated August 21, 2007 totaling the following amounts: checks in the amount of$579,054.74 (vendors); $239,166.95 (payroll period ending 8/18/07); for a total of $818,221.69; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sumliff--aye, Besco-aye, Leslie-aye Alderman Werderich was not present for the vote. REPORTS MAYOR'S REPORT State of the City Report (COW 2007-14) Mayor Burd read her State of the City address to the City Council (see attached). CITY COUNCIL REPORT None. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell presented the Treasurer's Report for July 2007. The beginning balance as of July 31, 2007 was $16,110,642.00. Revenues in July were $5,940,252.00 and expanses were $4,544,348.00 for an ending balance of$17,506,546.00. Mayor Burd entertained a motion to approve the Treasurer's Report as presented. So moved by Alderman Leslie; seconded by Alderman Besco. Motion approved by a viva voce vote. CITY ADMINISTATOR'S REPORT Interim City Administrator Olson presented his last report as Interim City Administrator to the City Council. He thanked the City Council for the opportunity for serving them the last ninety days. The new City Administrator, Brendan McLaughlin, will be taking over on September 11, 2007. Mr. Olson then deferred to the staff for an update on a gas leak. Lieutenant Hart reported that the gas leak on Cannonball Trail had been stopped by NICOR. An 8" gas main ruptured at about 3:00 p.m. causing Kendall County offices, local residents and the Kiddie Kampus Preschool to be evacuated. There were no injuries and the leak is under investigation by NICOR. The Minutes of the Regular Meeting of the City Council - August 28, Z007 - page 4 Public Relations Officer Spies added that she emailed the local news organizations at 8:07 p.m. that it was clear for local residents to return to their homes ion the area. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT _ - Director Dhuse reported that he attended an IDOT meeting regarding the resurfacing of Route 47 from Route 126 to Route 34. The project is scheduled to begin on September 10, 2007 and IDOT will be - working between 7:00 p.m. to 5:00 a.m. CHIEF OF POLICE'S REPORT Lieutenant Hart reported that Officer Shirley Kubicz has resigned effective immediately; the department is preparing for Hometown Days; Officers Pleckham and Delaney have received their Bachelor's Degree and the department's DARE car won second place in a recent car show. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle thanked everyone who participated in the community playground build at Hiding Spot Park. He reported that volunteers dodged the rain and finished the project in one day. He noted that the new playground equipment has been well received by the neighborhood. He also distributed the Hometown Days schedule of event to the City Council. He asked any one interested in volunteering to please contact him. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that the civil engineer position has been filled by Jacqueline Dearborn who has a background in architecture and civil engineering. He noted that she has also worked for the Army Corps of Engineers. CORKY UNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that they are still looking for volunteers to man the 59a Anniversary Celebration booth at Hometown Days. Mayor Burd congratulated Mrs. Spies on her involvement with the Rolling of the River event. Mrs. Spies organized gift bags and ice cream for the event. Mayor Burd also thanked the Park Department staff for their help with the event. COMMUNITY & LIAISON REPORT KenCom Executive Board Alderman Spears reported that she attended the KenCom Executive Board meeting where they discussed 911 services (dispatch calls are up 60% with out any staff increase) and the resignation and retirement of staff members. The board also authorized an outside consultant to review KenCom's system, staffing, etc. North East Agency on Aging Alderman Spears reported that she attended the North East Agency on Aging. There will be a Senior Lifestyle Expo held on September 5a and 6", 2007 at Drury Lane in Oak Brook Chicago Bear great Gayle Sayers will be there along with 90 venders. There will also be a Senior Idol event and discount tickets to the Drury Lane theatre production of the "Odd Couple" will be available. She noted that last year about 4,000 seniors attended the event. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COM MMEE REPORT Ordinance 2007-59 Kalant Development Authorizing the Execution of a Development Agreement (EDC 2007-24) A motion was made by Alderman Leslie to approve an ordinance approving and authorizing the execution of a Development Agreement with Dan Kalant and I itesh Patel ("Owner"), as presented, and authorize Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Besco-aye, Leslie-aye The Minutes of the Regular Meeting of the City Council — August 28 2007 — Da 2e 5 Ordinance 2007-60 Kalaut Development — Rezoning (EDC 2007-24) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from Route 47-2 to B-2 zoning classification, as presented; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Bosco-aye, Leslie-aye, Sutcliff-aye Ordinance 2007-61 Tuscan Plaza Approving First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area (EDC 2007-30) A motion was made by Alderman Leslie to approve an ordinance approving the First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area, as presented, and authorize Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Besco-aye, Leslie-aye, Sutcliff--aye, Mutms-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2007-48 Amending Employee Manual Regarding Comp Time (ADM 2007-26) A motion was made by Alderman Morris to approve a resolution amending United City of Yorkville Employee Manual regarding Comp Time Policy subject to legal and staff review; seconded by Alderman Leslie, Alderman Munns explained that this amendment has been discussed by the Committee for some time. After some research it was determined that 240 hours was too much comp time so this was revised. Also, employees have two years to use their comp time or they will lose it. Assistant City Administrator Olson noted that he discussed the change with the employees and Director Mogle complimented Mr. Olson on a fine job in presenting this to the employees. Motion approved by a roll call vote. Ayes-6 Nays-0 Werderich-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye ADDITONAL BUSINESS Outdoor Group Alderman Werderich commented that the Rolling on the River event was successful and he thanked everyone who worked on it. He noted that he is trying to organize an outdoor camping/cycling group and anyone interested should contact him. Hometown Days Flyer Alderman Spears reported that residents living around the Beecher Center received flyers regarding Hometown Days Fireworks inside their mailboxes. She noted that this was illegal and asked that it be investigated as to who placed the flyers in the mailboxes. Library Levy Alderman Spears commented that Mrs. Morganegg purchased vacant farm land and the library tax for 2005 should have been minimal. Hiding Spot Park Alderman Plocher thanked the staff that helped with the community build at Hiding Spot Park. Alderman Sutcliff commented that the park is now full of children and their families enjoying the park. She stated that it has been a big success. John Street Alderman Sutcliff expressed her concern that the residents living I the area of the gas leak had no other outlet except Cannonball Trail. She suggested that John Street be finished in order to create more access to the area. ADJOURNMENT Mayor Bard entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council — August 28, 2007 — page 6 _ Motion approved by a viva voce vote. Meeting adjourned at 10:42 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois MINUTES OF THE SPECIAL MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL S II ELD IN THE CITY COUNCIL CHAMBERS. AFT 800 GAME FARM ROAD ON TUESDAY, AUGUST 14, 2007. Mayor Burd called the meeting to order at 5:38 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward Leslie Absent Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present UORUM A quorum was established. EXECUTIVE SESSION Mayor Bard entertained a motion to go into executive session for the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Spears, seconded by Alderman Manus. Motion approved by a viva voce vote. Mayor Burd entertained a motion to go into executive session for discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi- annual review of the minutes as mandated by Section 2.06. So moved by Alderman Spears, seconded by Alderman Besco. Motion approved by a viva voce vote. The council adjourned into executive session at 5:43p.m. The council returned from executive session at 7:54 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the special city council meeting. So moved by Alderman Golinski, seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:56 P.M. Minutes submitted by: Lisa Pickering Deputy Clerk City of Yorkville, Illinois Page 1 of 6 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE DRAFT CITY COUNCIL CHAMBER August 28, 2007 7:05 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Jason Leslie Alderman Wally Werderich Alderman Marty Munns City Treasurer Bill Powell Alderman Arden Plocher City Clerk Jackie Milschewski CITY STAFF PRESENT: Interim City Administrator Olson Police Lieutenant Hart Interim City Attorney Roth Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Police Chief Martin Public Relations Officer Spies GUESTS: See attached list. PRESENTATIONS None. EXECUTIVE SESSION Attorney Roth noted that a motion was in order to recess to executive session for matters of review and discussion of minutes of executive session meetings and pending litigation. Mayor Burd entertained a motion. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Leslie-aye, Munns-aye, Plocher-aye The City Council entered into executive session at 7:06 p.m. and returned to regular session at 8: 10 P.M. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the bill list: o Page 7, Fox Country Players in the amount of $524.84 — Director Mogle explained that this was for the production put on by the players at the River Front Park. o Page 11 , Kendall County Record for "Theatre in the Park" in the amount of $538.98 — this bill was for the advertising for the Fox Country Players. Mayor Burd noted that the event was well attended and suggested getting sponsors in the future. There were no further comments or questions. The Bill List was moved on to the August 28, 2007 City Council agenda. Page 2 of 6 MAYOR COW 2007-16 Sponsorship Requests a. Nation 's Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol-Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Educational Center g. Trinity Church United Methodist h. Chamber of Commerce River Night Alderman Sutcliff asked how much was budgeted for donations and it was clarified that the overall budget is $ 1 ,500.00/year with donations being made in $250.00 increments. Alderman Spears commented that she was not comfortable with the City Council voting on this because in the Human Resource Commission screens requests and keeps strict records of what has been approved. She noted that the request from Nation's Voice on Mental Illness and the DeKalb, Kane South and Kendall Counties, Inc. Baseball Sponsorship are from the same organization. One is the regional group and the other is the local group. She stated that if the HRC had screened the requests, they would have discovered this. She explained that an organization is allowed only one sponsorship per year. Contributing to both requests would be authorizing $500.00 to the same group. She stated that there is a recommendation in the Council's information to not approve the request from the Trinity Church United Methodist church. She stated that the HRC is well aware that this church donated their facility and refreshments for three separate elder friendly summits. She felt that this should not be denied. In regards to the Chamber of Commerce River Night, she noted that the organization was asking for a police officer to be present for security and traffic control. Alderman Spears commented that the HRC would have contacted the Chamber to see if they were also requesting fees to be waived. She asked Mrs. Spies if this had been done. Director Mogle stated that he was just informed that they are requesting the park fees be waived. Alderman Spears recommended that the sponsorship request go back to the HRC for review, recommendation and approval. There was a brief discussion regarding the HRC (the chairman's responsibility, Mrs. Spies roll with the commission, etc.). The sponsorship requests were sent back to the HRC for their review. 2. COW 2007-17 Request for Mechanical Amusement Device License — Sawmill Pizza Mayor Burd reported that Sawmill Pizza will be re-opening under new ownership and they are requesting a Mechanical Amusement Device (MAD) License. There was some discussion regarding the license held by the former owner, other pizza restaurant's licenses and removing the approval of MAD licenses from the City Council and giving it to staff. It was the consensus of the Council to move this to the August 28, 2007 City Council consent agenda. 3. COW 2007-18 Library Tax Discussion Mayor Burd reported that this issue was brought forward because of the problem caused by the library levy being forgotten and then two years worth levied this year. She stated that some people feel they are being unfairly taxed because they have just moved into Yorkville; they did Page 3 of 6 not own their home during the first year of the levy. Five hundred households could possibly seek relief. She explained that staff was looking for input on the matter. Alderman Spears indicated that she has received telephone calls and emails regarding the problem and she questioned why citizens are being charged for the city/county error. She felt that the residents should not be responsible for the error. Alderman Besco agreed. Alderman Werderich explained real estate closings and the tax credit given to home owners at closing for past taxes. He cautioned the Council in giving relief. Attorney Roth stated that Alderman Werderich had a good point and agreed that the Council should approach this with caution. There was some discussion regarding taxes and house closings, the levy, the burden of a rebate on staff, etc. Mayor Burd asked Attorney Roth to research a possible rebate and bring this back to the Council for further discussion. 4. COW 2007-19 Discussion of Legal Fees for Annexations Mayor Burd asked the City Council if they would consider waiving the legal fees for an annexation. Staff reported to Mayor Burd that Virginia Wells has filed a petition for annexation. As the city waived the fees for the adjacent properties, the petitioner is asking that their fees be waived also. Alderman Leslie asked Attorney Roth for a legal opinion. Attorney Roth stated that there might be city interest in annexing this property so they should pay the legal fees which are estimated to be $7,500.00. It was the consensus of the Council to waive the fees for this particular piece of property. ECONOMIC DEVELOPMENT COMMITTEE 1. EDC 2007-32 Monthly Building Permit Report for July 2007 Alderman Leslie asked Interim City Administrator Olson to report on the Building Permit Report. Mr. Olson commented that the city is behind on its projections. He indicated that permits are at about half of what he estimated and at half of where they were last year. He stated that he is looking at the capital budget as it relates to development and will report back to the Council as the revised budget gets closer. 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 Alderman Leslie asked Director Miller to deliver the report. Director Miller reported that a public hearing was held at the Plan Commission meeting for Jake Land Group. He indicated that the petitioner has requested that the public hearing be continued to a later date due to the petitioner entering into contracts for additional property. If obtained, they attend to include this property in the Planned Unit Development (PUD) and will need to submit a new application and have a new public hearing. 3. EDC 2007-24 Kalant Development Rezoning and Development Agreement Alderman Leslie reported that the comments and concerns of the Economic Development Committee were addressed. He turned the floor over to Director Miller who explained that the B- 2 zoning does not allow for the existing structure to remain where it is. A variance for setbacks will be needed and this is not requested in this agreement. He stated that the development agreement is not tied to the zoning so two separate ordinances are needed. Page 4 of 6 Alderman Leslie noted that the petitioner has agreed to all the terms and that the Committee recommends approval with conditions. Alderman Spears questioned that the right-of-way line for Route 47 appears to be 2' away from the existing building. Director Miller explained that the improvements will not be 2' away but rather about 10' away. There was a short discussion regarding naming a business out of the house, preserving an historic house, etc. It was the consensus of the Council to move this to the August 28, 2007 City Council agenda. 4. EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Provision Alderman Leslie asked Attorney Kathleen Orr to attend and explain the note provision to the City Council. Attorney Orr explained that the City Council approved a redevelopment agreement for this property in May 2007 which provided for reimbursement from the city of eligible redevelopment project costs in an amount not to exceed $ 1 ,833,000.00. The developer's lender has requested a Developer Note to provide credit enhancing evidence of the City's obligation to reimburse the costs. Attorney Orr explained that the city's liability is still the same and that the note indicates the city's obligation to reimburse is conditional of tax increment financing repayment. She indicated that this note will assist the developer in getting financing and the city should assist in this matter in order to get the project done. Attorney Roth indicated that he reviewed the documents and agreed with Attorney Orr. It was the consensus of the Council to move this to the August 28, 2007 City Council agenda. PARK BOARD L PKBD2007--18 Grande Reserve Park A — RFP Results — FYI Director Mogle presented RFP results and indicated that the budget for this park is small with a total commitment of $36,620.00. He presented the design to the City Council. 2. PKBD2007-19 Grande Reserve Park B — RFP Results - FYI Director Mogle presented the park plan (castle theme) to the City Council. He explained that this will be a developer built park with a fabric shelter and this will be the first time the Parks Department will use this type of shelter. The cost for the playground is $30,569.00. Alderman Sutcliff inquired about a name for the park and Director Mogle indicated that the park will named but not at this time. PUBLIC SAFETY COMMITTEE 1. PS 2007-16 Request to Amend Liquor License Ordinance Regarding Patio Licenses Page 5 of 6 Alderman Spears reported that the Committee was originally given two versions of the ordinance which were discussed. She stated that no consensus was reached for a preference in ordinances. Alderman Spears took issue with #3 (page 3) of version #1 of the ordinance which requires a site plan showing structures, fences, chairs, etc. She felt that this was micro- managing and businesses have the right to select tables, chairs, etc without input from the city. Alderman Besco asked if staff had received any input from the Building Department regarding minimum square footage for a patio. Assistant City Administrator Olson stated that he did not ask them to research this. He felt that if there was an issue with the size of a patio, it would come up when the building permit is issued. Alderman Besco stated that he would like this addressed in the ordinance. After a brief discussion, it was the consensus of the Council to move version #2 to the August 28, 2007 City Council consent agenda. CITY COUNCIL REQUESTS 1. COW 2007-19 Committee Liaison Appointments Discussion Alderman Spears reported that the Public Safety Committee was trying to select liaisons for various committees. She stated that she has been involved in this process several times. In the past, it was the responsibility of the committee chairperson to select liaisons so she made this selection however there were objections to this. She suggested that the matter be brought forward to the entire Council for discussion. Another issue was that appointments made during a COW meeting may be null and void. Alderman Leslie stated that he read the ordinance and his first assumption was it the chairman's responsibility. However, after reading it again he understood the appointments were the responsibility of the committee as a whole. He noted that it the past it has been hard to get people to be liaisons and to attend the meetings. There was some discussion regarding breaking a tie for an appointment, the disparity in the number of liaisons assigned to each committee, appointing someone outside a committee, etc. Mayor Burd explained that she wrote the Governing Ordinance in such a way because previously the mayor made the liaison appointments. She felt that the previous administration used this to reward or punish people. She did not want this type of situation to occur again and she was hoping for a more democratic process. Now the mayor is totally out of the process and it is up to the committee members as to how they want to handle the liaisons. Attorney Roth commented that the mayor asked him who has the power to make the appointment and per the ordinance it is the responsibility of the committee not the chairman. Mayor Burd stated that Alderman Leslie suggested to her that the ordinance be rewritten. She commented to him that the chairman would like this but she didn't know why any one who is not a chair would vote in favor of this. Alderman Leslie stated that he would be open to reconsidering the ordinance if anyone wants to bring this forward. Page 6 of 6 There was further discussion about equaling out the liaisons between committees, how the liaison to the Yorkville Economic Development Corporation is based on the Yorkville Economic Development Corporation by-laws, readjusting the current ordinance, selecting liaisons from outside a committee, etc. There was a discussion regarding the validity of previous appointment made at a COW meeting. Mayor Burd stated that when these appointments were made, no one objected to them so they stand. After discussion, it was the consensus of the Council (four to review, three against review) to review the Governing Ordinance. This will be brought back to the September 11 , 2007 COW meeting. ADDITIONAL BUSINESS Banning Iee Cream Venders Alderman Leslie commented that in the past he has brought up banning ice cream venders. He noted that there was an article in the August 27, 2007 Beacon News indicating that Sugar Grove is considering banning ice cream venders. It was indicated that this is under discussion by the Public Safety Committee. Comprehensive Plan Update Alderman Sutcliff asked where the Comprehensive Plan Update stood. Mayor Burd indicated that it had not started yet but will be undertaken by the Plan Commission soon. There was no further additional business. The meeting was adjourned at 9:37 P.M. Minutes submitted by Jackie Milschewski, City Clerk Agenda Item Number Bill payments for approval Tracking Number This page serves as a placeholder for the draft document Bill List , which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mt sg agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.ii.us/gov mtgs minutes.cfm 8 1) coT EST, <CE ��` Agenda Item Number Mayor#I Tracking Number COW 2007-24 This page serves as a placeholder for the draft document Library Bond Tax Discussion, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/ og v mtgs minutes.cfm \,QED CITY J= dy O M;9 16.'b � LE `Ly Agenda Item Number Mayor 0 Tracking Number COW 2007-25 This page serves as a placeholder for the draft document Request for Mechanical Amusement Device License — Taylor Street Pizza, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm es.\.h=_ rose _ 20 Agenda Item Number City Council#1 Tracking Number COW 2007-27 This page serves as a placeholder for the draft document City Shirt Order, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm \�0 co, EU,I � lam h<GE y Agenda Item Number PW#1 Tracking Number PW 2007-142 This page serves as a placeholder for the draft document 202 River Road — Dedication and Vacation of Utility Easements, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `CEO c�rr [sr.1, dEL_ma 20 Agenda Item Number EDC#1 Tracking Number PC 2007-29 This page serves as a placeholder for the draft document Resolution Approving Final Plat of Subdivision for Autumn Creek, Unit 2, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, hlW://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm \CEO cl Z, o dam, 1846 Agenda Item Number EDC#2 Tracking Number ZBA 2007-19 This page serves as a placeholder for the draft document Ordinance Approving a Vairance Request for 505 Heustis Street which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm 'QED CITY ESE� ®IOS6 � N <GE t'y`2 Agenda Item Number ADM#1 Tracking Number ADM 2007-68 This page serves as a placeholder for the draft document Employee Drug Testing Policy, which was included in the September 25, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `CEO C12,J, 2 0 ESI. _ 1836 uN4 O h<LE \vim