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library4-4-05 Page 1 of 3 Yorkville Public Library Planning Committee April 4,2005 7:30 pm. The meeting was called to order at 7:35 pm. by Mayor Art Prochaska Present Art Prochaska,Mayor Barbara L. Chevalier, Speer Financial Inc. Rick M'Carthy,BCA Carol La Chance,Library Board Matthew Falco, BCA Michelle Pfister, Library Director John Wyeth,City Attorney Russ Walter,Library Board Sandy Lindblom, Library Board Tony Graff, City of Yorkville Marilyn Vorderer,Library Board Jo Ann Gryder,Library Board Marianne Wilkinson,Library Board Kathy Farren, Kendall County Record Joe Grueber,Library Board The purpose of this meeting is to discuss who has the authority to build the library and pay the construction bills. John Wyeth researched the history of the library. It was established in 1965 by ordinance of the city and traced forward through the different enactments of the state libraries act. Article 5 is about buildings. The library board is appointed by the mayor and the library board has the authority to let the contracts and deal with the building of the library building. The act is more specific about the annual revenues than the amount sold for bonds, but there is enough authority to do it either way—to have the city or the library hold the bond money and spend it. There is also an intergovernmental agreement written in the 90's for cooperation between the library and the city. So the library board has the authority to do what needs to be done with the construction of the building. The required interaction with the city council all happened with the referendum. The city collects the levy and shall turn it over into the library fund. Does the library's levy count against the city's tax cap? It is thought that it does not. There was discussion about this and it will be answered another day. Rick M'Carthy asked who will be reviewing the contract and putting in insurance amounts? Typically that would be the city attorney,but the library is it's own entity. There could be an intergovernmental agreement to share services,unless there is a conflict of interest. John does not see this as being an issue. Barbara L. Chevalier stated that the bonds are being issued by the city,the money is the city's money. The procedure to pay over the course of the construction would have to be set up. Page 2 of 3 Russ Walter suggested that there would be a building committee with library board members, and possibly city council members, for ease of communication between the two. The committee cannot approve bills,the bills have to be approved at board meetings. The bonds are city bonds on behalf of the library and are city proceeds until the money is turned over according to the statute with no guidelines about how expenditures are handled, except that the library can let the contracts and build the building. John Wyeth will research other library projects and see if there is any other case law to give some extra guidance. If the money is turned over to the library,then it will be the library board approving the bills, otherwise it could be the library recommending approval and city council actually approving. Interest on the bond money will be available to the library. There is an accumulation of funds provision in this act which we won't arbitrate. The finance director has recently succeeded in capturing a good rate for the bonds. Review of the contracts could be with the library. Will the city be needing to see anything such as insurance amounts or will the library? That still has to be determined. It could be the library's liability,but there is an existing relationship with the city and the library, so there is not a duplication of services. The insurance could be modeled after what the city does. A title company could be used to review the lien waivers. The parking area is a common area belonging to the whole city. This needs to be reviewed. There is a line on the survey, but it is not clear if it is just an arbitrary line that was there when the library building was originally funded or if it is a defined line. The parking next to city hall is on that line and also another section to the east that could possibly be built over. A new plat of survey should be done to define the lines. An agreement needs to be made for use of the city attorney for the project and for agreement for the expenditure of the bond money. The finance department would be producing all the checks to come out of an account for the library. Tony asked Barb if this is a requirement for a single audit. She said a library is a component unit of government, and it depends on who wants to control this project, which has not yet been resolved. The bonds get sold,the funds get transferred, and then do they go into a library project fund or is it a city/library project fund with an intergovernmental agreement and it's committee orchestrates to pay the bills to the library board and reviewed upon the title company, it could be as easy as that. Paee 3 of 3 A question was raised if is would be necessary to have a committee if the whole library board is the committee? Russ was suggestion was to have the whole board be on it if they wanted, or only a few who have the time to devote to this. Art suggested that the committee could approve to a certain amount without having to go to the board, to keep things moving along. Sandy asked Rick if he had any other experience with city libraries. Rick said the other libraries seemed to make it work but he did not have any involvement with that aspect of the project. Tony asked if there was landscaping in the contract. There will be minimal landscaping in the contract. There could be a landscape plan but not pinned down to a specific species so the parks department or the garden club could help with the landscaping. Russ asked Art if he would ask the city council if there was anyone interested in being on the library's building committee. There was discussion about how many people should be on it so if they needed to put a meeting together it did not have to be posted as a meeting. Two or less people from the library board and two or less people from city council would not need to be posted as a meeting. There was a concern about whether or not the city council representation on the library board building committee would be making the decisions about the project. John had pointed out earlier that it was the library board's responsibility to make the decisions. Advisory input would be welcomed. Also it would make communication between the library board and city council easier. The committee would make a recommendation but the board would make the final decisions. Tony asked if there could be a parks board member on the committee. Jo Ann suggested that that could be something for down the road. There is a proposal for a way a drive could be worked so the police could have separate access to not cross traffic with the library. The drive is shared with the city and the school. Art does not want to see more cuts to Game Farm Road. The city is working on improving Game Farm Road. Russ was asking if it was permanent or temporary. Rick said it could be either. The only issue that was a concern was safety so that traffic was not getting in the way of the police. The topic of the building committee should be discussed at the Library Board meeting. Art will see if there is interest from the city council. There will be a rough draft of an intergovernmental agreement to look at in May. The Administration committee will look at it first and then it will be passed on to the library. Adjournment Art Prochaska adjourned the meeting at 8:15 pm. Minutes submitted by Laura Leppert