City Council Minutes 2009 04-14-09 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, APRIL 14, 2009
I
Mayor Burd called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I Allen Present
Werderich Present
Ward II Golinski Present
Plocher Present
Ward III Munns Present (arrived 7:30)
Sutcliff Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator
McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika, Police Lieutenant
Hart, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer
Spies.
QUORUM
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
None.
COMMITTEE MEETING DATES
Public Works Committee 6:00 p.m., April 21, 2009
City Hall Conference Room
Economic Development Committee 7:00 P.M., May 5, 2009
City Hall Conference Room
Administration Committee 6:30 p.m., May 14, 2009
City Hall Conference Room
Public Safety Committee 6:00 P.M., April 23, 2009
City Hall Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
Proposed Fiscal Year 2009 -2010 Budget
Mayor Burd addressed comments made by the press. She stated that there is confusion between the
current fiscal year budget and the proposed 2009 -2010 budget. She explained that the fund balance is
25% which is savings for a "rainy day" and due to the downturn in the economy funds have been taken
from the reserve to balance the budget. The problem with the General - Fund is that revenues have fallen
off. The proposed 2009 -2010 budget has been balanced through cuts made by staff, every department has
cut anywhere from 10% to 22 %. She also noted that the city is dealing with several legal issues and that
$600,000.00 has been expended in the last two years. She commended the staff for their work on
balancing the budget. Mayor Burd opened the floor for public comment.
There was no public comment. The public hearing was closed.
CITIZEN COMMENTS
Frances Dudek, 48 Lillian Lane, read a letter to the City Council about the high water table at Kennedy
Road and Lillian Lane (see attached). The neighboring Pulte property is causing a drainage problem. She
The Minutes of the ReLyular Meetine of the City Council — April 14. 2009 — page 2
asked the city to work in a neighborly way and have the property be re- graded. Mayor Burd asked the
Public Works Committee to look into this as well as other water issues in the city because the city has
received complaints from several areas regarding drainage and changes in the water table. Alderman
Besco agreed to place it on a Public Works Committee agenda.
Dan O'Malley, a neighbor of Mrs. Dudek, explained that his father saw that the drainage tile was cut
when the Pulte pond was constructed. He stated that water is flooding backyards and has come up to 1"
under his floor. He stated that the pond was drained two weeks ago which seemed to help a little bit.
George Gilson, 498 Sunflower Court, commented on the temporary wind energy ordinance. He felt it
was a band -aid and non - regulatory and non - protective. He felt that more thought needed to be put into
the ordinance. He commented on Attorney Orr's memo regarding the legality of a moratorium and stated
he printed out three pages of information regarding moratoriums in other communities. He asked the City
Council to reconsider the ordinance. Alderman Allen asked Mr. Gilson if he had circulated information
that Alderman Allen had voted against wind energy during the recent campaign. Mayor Burd apologized
to Mr. Gilson for Alderman Allen question and she asked Alderman Allen not to proceed with this line of
questioning and/or comments.
CONSENT AGENDA
1. Police Reports for January and February 2009 (PS 2009 -06)
2. Disposal of Police Vehicles (Surplus) - authorize disposal of the following surplus police vehicles
through the auction process: 1998 Ford Crown Victoria with VIN #2FAFP71 W3 WX1 89 759,2001
Ford Crown Victoria with VIN #2FAFP71 W1XI16604, and 2004 Ford Crown Victoria with VIN
#2FAFP71W84X100703 (PS 2009 -07)
3. Ordinance 2009 -17 - Amending the Code of Ordinances Providing for Liquor Control Regarding
Hours of Liquor Sales - authorize Mayor and City Clerk to execute (PS 2009 -09)
4. Ordinance 2009 -18 - Approving a Fine Schedule for the Pre - Payment of Certain Citations
Pending Under Administrative Adjudication - authorize Mayor and City Clerk to execute (PS
2009 -10)
5. Traffic Enforcement Agreement for Private Property - approve form of agreement as presented
(PS 2009-11)
6 Ordinance 2009 -19 - Amending the Code of Ordinances Providing for the Regulation of
Fireworks - authorize Mayor and City Clerk to execute (PS 2008 -46)
Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman
Golinski; seconded by Alderman Werderich.
Motion approved by a roll call vote. Ayes -7 Nays -0
Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Allen -aye, Besco -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL
Director Miller reported that the Zoning Commission will be meeting on April 29, 2009 at 7:00 p.m.
MINUTES FOR APPROVAL
A motion was made by Alderman Munns to approve the minutes of the City Council meeting of March
10, 2009 and the Special City Council meeting of March 24, 2009; seconded by Alderman Golinski.
Alderman Allen commented that he appreciated Mr. Gilson's comments being abbreviated in the March
10, 2009 minutes however he asked that it be noted after several of the bullet points that Mr. Gilson
commented that he did not care what the City Council said. He felt that that noting this comment would
be valuable in the future.
Alderman Spears asked that the March 10, 2009 minutes be amended on page 2 to note that Ms Linden
stated that NEIL requires the Golden Diners to publish a newsletter.
A motion was made by Alderman Munns to approve the minutes of the City Council meeting of March
10, 2009 as amended and the Special City Council meeting of March 24, 2009; seconded by Alderman
Golinski.
Motion approved by a viva voce vote. Ayes -7 Nays -1
BILLS FOR APPROVAL
A motion was made by Alderman Werderich to approve the paying of the bills listed on the Detailed
Board Report dated April 8, 2009 totaling the following amounts: checks in the amount of $798,898.03
(vendors); $277,311.28 (payroll period ending 3/28/09); for a total of $1,076,209.31; seconded by
Alderman Sutcliff.
The Minutes of the Regular Meeting of the Citv Council — April 14. 2009 — page 3
Alderman Spears questioned a bill on page 15 — International Codes — Zoning for Windmill Farms in the
amount of $75.00. Director Miller explained that the developer of the Windmill Farms development is
requesting an amendment to the PUD and the bill is for the public hearing to be held in May
Alderman Spears also questioned a payment on page 10 — Daniel Kramer — Admin — Plocher vs.
Milschewski in the amount of $3,835.70. Alderman Spears asked that this bill be removed from the bill
list because Attorney Orr previously explained that it could only be reconsidered in the next session of the
City Council. She stated that Mayor Burd and Alderman Plocher hired Attorney Kramer as their personal
attorney and she did not feel the citizens of Yorkville should pay his fee. Attorney Orr explained that the
bill was originally on the bill list in 2007 and the again in October 2008. It was questioned by Alderman
Spears and tabled but it was never voted on in this fiscal year. Attorney Orr also explained that former
City Attorney Mike Roth submitted a letter saying he used Attorney Kramer's work product and he felt
that his charges were reasonable.
Alderman Besco noted that he previously made a motion to table this bill payment indefinitely and that
Attorney Orr stated at the time that it wouldn't come back before the City Council in this session. He
stated that he did not feel Attorney Kramer was hired by the city and agreed that the residents should not
pay for his services.
Mayor Burd stated that Attorney Kramer recently sent another bill. He defended an alderman who was
seated by using the former city attorney's information and representing him in court. She did not feel she
should pay his bill. Mayor Burd noted that in her twelve years on the City Council she has seen city
attorneys use other attorneys and the city has paid them.
Alderman Golinski stated that a motion was made to table the bill indefinitely and that according to
Robert's Rules the motion kills any action until the next session. He felt that Plocher hired Attorney
Kramer and he is responsible to pay his fee not residents.
Aldermen Sutcliff, Munns and Werderich supported payment of the bill. Alderman Werderich stated that
Attorney Roth indicated he used Attorney Kramer's work product. Also, Roth did not bill the city for his
services in this matter.
Alderman Golinski questioned a bill on page 30 — Jeffrey Cramer — reimbursement for a plow hitting a
basketball hoop in the amount of $870.00. Mr. Olson explained that the cost included the hoop, warranty
and installation. Alderman Besco questioned how the plow hit the hoop and Mr. Olson explained that the
hoop was near the curb and the plow went wide and hit it.
Alderman Spears questioned bills on page 16 — Jay M. Heap for Harlem Irving appraisals in the amount
of $405.59 and page 27- Kathleen Field Orr & Assoc. for legal fees for Kendall Marketplace in the
amount of $804.75. Director Miller explained that these fees had to do with land acquisition needed for
the widening of Cannonball Trail. An additional right -of -way is needed from Harlem Irving.
Mayor Burd asked the City Council to email their bill list questions to Director Mika by Monday so she
can be prepared to answer their questions.
Motion approved by a roll call vote. Ayes -5 Nays -3 Abstain -1
Munns -aye, Plocher- abstain, Spears -nay, Sutcliff -aye, Werderich -aye,
Besco -nay, Golinski -nay, Allen -aye, Burd -aye
Attorney Orr indicated that the mayor could vote on this matter because there were only four aye votes.
Alderman Spears questioned if the mayor should vote due to a conflict in the matter. Attomey Orr
indicated there wasn't a conflict for the mayor and she could vote.
REPORTS
MAYOR'S REPORT
Resolution 2009 -19 Regarding the Hoover Forest Preserve
(CC 2009 -33)
Mayor Burd reported that the United City of Yorkville received a letter from the Kendall County Forest
Preserve District asking to dissolve the agreement for jointly developing the Hoover Forest Preserve. She
explained the history of the property which was formerly owned by the Boys Scouts of America.. When
the Boys Scouts approached the city about annexing because they wanted to sell the property, former
mayor, Art Prochaska, had the city staff investigate how to preserve the property. Through their efforts a
The Minutes of the Regular Meeting of the Citv Council — April 14, 2009 — page 4
$5 Million grant was procured from former Speaker of the House Hastert to save the land however the
grant had to be awarded to a forest preserve district so the city approached Kendall County to see if they
were interesting in partnering on the project. For their role in the arrangement, Yorkville was to get the
land out of the deal. She noted that State's Attorney Weis and the Forest Preserve District members were
present. Attorney Orr added that the resolution, if passed, accepts the Forest Preserve Districts' offer.
She read the terms of the offer on page 3 of the resolution.
A motion was made by Alderman Werderich to approve a resolution regarding the Hoover Forest
Preserve and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff.
Alderman Munns questioned how much the requested sewer /water connection will cost. City Engineer
Wywrot explained that if a building on the property needs a connection to water and/or sewer the cost
would be dependent on the use of the building so there is no way to know the cost at this time. The cost
could be anywhere from $2,000.00 to $50,000.00. Alderman Munns noted an error on page 2, item 2
where Fox Road is incorrectly referred to as Fox River Drive. He also suggested that the last sentence of
the same item read "...for the construction of the city's water..."
There was discussion concerning the amount of the payment the city would receive in exchange for
dissolving the agreement. States Attorney Weis stated that the city originally paid $659,000.00 for their
portion of the acquisition. Interest was factored into the Forest Preserve District reimbursement along
with an additional $10,000.00 for a total payment to the city in the amount of $740,000.00.
Alderman Allen asked if the Forest Preserve District was agreeable with the two corrections indicated by
Alderman Munns. States Attorney Weis indicated that they were and noted that the daze on page one,
paragraph one of the resolution was incorrect; it should be November 9, 2004. Alderman Allen stated he
was pleased to see that the city will be getting an easement which will help fulfill its agreement with
Plano.
Alderman Golinski went over the history of the Hoover acquisition which began in December 2002 when
the city met with the Chicago Area Council of Boy Scouts, Speaker Hastert and CorLands. He
commented that too many people at the city worked hard on the agreement for the city to walk away from
Hoover. He felt that the county was giving insufficient compensation for the city to do this.
Aldermen Werderich and Plocher echoed Alderman Golinski's opinion. Alderman Werderich added that
he was disappointed that the agreement did not work out. He stated that the way the contract was written
with the county as the landlord the terms were unenforceable. He felt that the city may benefit from the
repayment of funds because with the changing market they may be able to purchase its own property.
Alderman Plocher added that he would like to see the language made clearer on Item 4 on page 3. He felt
that the city should not have to run sewer or water out to Hoover at the county's request.
Alderman Besco agreed that the original agreement was too soft and he felt that accepting the county's
offer rather than taking the matter to court would be best for taxpayers. He noted that he spoke with a
Kendall County Board member and his information was totally different from that which was discussed
by the City Council in Executive Session. He commented that he did not know who to believe but felt the
matter should get resolved. Mayor Burd stated that she was disappointed with Alderman Besco's
comment implying that she gave the City Council incorrect information and she wished he had brought
this information forward earlier. Alderman Besco stated that he did not know whose story was
inaccurate, hers or the county board member's.
Alderman Sutcliff stated that she felt this situation was unfortunate and she would have liked to see the
city and county work together better. She asked if the offer would be binding once the City Council voted
on the resolution. Attorney Weis indicated that if the resolution is adopted by the City Council, the Forest
Preserve District Board would vote on it at their next meeting on April 21, 2009. He stated that until the
Board approves the resolution the original agreement is still binding. Attorney Orr added that payment
from the county would be due in May 2009.
Alderman Spears commented that she felt that the fourth and fifth paragraphs on page two of the
resolution regarding the District's refusal to cooperate were unprofessional. She requested that the
negative phrases be removed. Alderman Sutcliff commented that she felt the information in the two
paragraphs was an accurate statement of what happened. Alderman Golinski agreed. Attorney Weis
stated he saw the draft of the resolution before the meeting and he was not thrilled with the language but
will accept it. He stated that the Forest Preserve District has a different opinion and that the original
agreement was the best under the circumstances. He noted that the good news in the whole situation is
that the property will remain as a forest preserve indefinitely which is good for the resident and will
benefit people long after all the parties here tonight are gone. He agreed with Alderman Besco that it was
a win -win situation to keep the matter out of court. He felt the money being paid back to the city should
The Minutes of the Regular MeetinLy of the Citv Council — ADril 14, 2009 — DaLye 5
help in buying soccer or baseball fields. He stated that in the past the city and county have worked
together but the original agreement was worked out with too many unknowns. He commented that he felt
that Kendall County wants to work with the city in the future.
Alderman Munns asked that if the City Council passed the resolution would Attorney Weiss guarantee
that the County Board would approve it. Attorney Weis explained that he could not guarantee this
because he was not a voting member.
Mayor Burd commented that if the matter went to court the original agreement would be upheld even
though it wasn't a good one for the city because they would have putting money into property it would
never own. She felt it better for the city to develop its own property.
Alderman Golinski questioned the cost of water /sewer connections and felt that Item #4 on page three
should be stricken from the resolution. Alderman Munns agreed and stated he would not support the
resolution with Item #4 in the agreement.
A motion was made by Alderman Golinski to amend the resolution by removing Item #4 on page three;
seconded by Alderman Besco.
Alderman Sutcliff asked if this item was discussed by the Forest Preserve District because it is a
substantial amount of money. Attorney Weis stated that the easement was causing a detriment and the
compensation for giving the easement was allowing water /sewer connections. The county board did not
discuss the dollar amount for the hook -ups. Alderman Sutcliff asked Mr. Wywrot if the connections
would be lost dollars for the city and he stated they would. Attorney Weis stated that the county may
never exercise this option however if the city ever extends service to this area it would be cost effective to
tie into it.
Alderman Allen questioned construction fees and Mayor Burd stated that the city would not perform the
construction; it will just provide the hook -up however the fees are undeterminable at this time. Alderman
Allen suggested a limit to the cost.
Motion to amend defeated by a roll call vote. Ayes -3 Nays -5
Golinski -aye, Besco -aye, Allen -nay, Sutcliff-nay,
Munns -aye, Spears -nay, Plocher -nay, Werderich -nay
Alderman Werderich suggested removing the language in the whereas clause that indicates fault and add
language indicating a disagreement. It was the consensus of the City Council to leave the clause as
presented.
Motion approved by a roll call vote. Ayes -6 Nays -2
Werderich -aye, Golinski -nay, Besco -aye, Allen -aye,
Sutcliff -aye, Munns -nay, Spears -aye, Plocher -aye
Ordinance 2009 -20 Abating Special Service Area Taxes
for Special Service Area Number 2006 -113
Ad Valorem Tax Bonds, Series 2006 (Cannonball/Beecher Road Project)
(CC 2009 -34)
Mayor Burd entertained a motion to approve an ordinance abating Special Service Area Taxes for Special
Service Area Number 2006 -113 Ad Valorem Tax Bonds, Series 2006 (Cannonball/Beecher Road Project)
and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski, seconded by
Alderman Werderich.
Motion approved by a roll call vote. Ayes -8 Nays -0
Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye,
Munns -aye, Spears -aye, Plocher -aye, Werderich -aye
Ordinance 2009 -21 Approving the 2009 -2010 Fiscal Budget
(CC 2009 -35)
Mayor Burd entertained a motion to approve an ordinance approving the 2009 -2010 Fiscal Budget and
authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman
Sutcliff.
Mayor Burd asked Director Mika to address the questions asked by Alderman Spears. Director Mika
indicated that she responded to the questions in an April 6, 2009 memo to the City Council (see attached).
She proceeded to go over the memo.
The Minutes of the Regular Meeting of the Citv Council — Aoril 14.2009 — uage 6
Alderman Sutcliff stated that she appreciated the cuts staff made and that the budget was balanced
without cutting staff. She commented on the Holiday Under the Stars program. She noted that a lot of
people in the community attended the event. She stated that she was sorry to see that nothing was
budgeted for the event and hoped this could be readdressed in six months.
Alderman Allen expressed his concern that funds were not put away for roads. Mayor Burd stated that it
was hoped that new development dollars could be used for road repair however this has declined.
Alderman Golinski stated that on March 24, 2009 he asked for more explanations in the budget in order to
have it be more transparent. He stated that Administrator McLaughlin's spreadsheet accomplished this
and he thanked him for addressing it. Alderman Gohnski commented that he objected to the use of Land
Cash and that he was disappointed in the budget because nothing was done to replenish the fund balance
reserve. He felt that funds from the special census should be set aside to do this. He felt that the city was
"living paycheck to paycheck ".
Alderman Spears commented that she felt that non - essential departments and personnel should have been
cut in order to keep the city's roads and sidewalks repaired. She felt that Chief Martin should be
commended for the cuts his department made. She felt that residents would support cuts to "party funds"
versus public works or public safety. She stated she could not support the budget.
Mayor Burd asked where the "parry fund" was in the budget. She felt that people were criticizing the
budget without giving information to support their accusations. She felt that everything that could be cut
was and she noted that the City Council added to the budget after their workshop rather than subtracted
from it. She stated that her goal was to save jobs and staff offered to reduce hours and cut benefits to do
this. She agreed she would like to have the fund balance increased but now is not the time.
Alderman Werderich was concerned that the fund balance was not being funded but felt that due to the
economy the city has to "live paycheck to paycheck". He reminded the City Council that the budget will
be revisited in six months. He stated he wanted an eye kept on building permits because he does not see
an increase to them. If the amount of projected permits is not reached this needs to be addressed. He
commented to Mayor Burd's remark about the budget workshop; he noted that the City Council brought
up concepts that should be cut. He felt that everyone worked together to balance the budget.
Administrator McLaughlin added that the staff's salaries have been frozen, vacant positions are not being
filled, health insuran was increased, etc and that the employees are committed to working through the
economy.
Motion approved by a roll call vote. Ayes -5 Nays -3
Besco -nay, Allen -aye, Sutcliff -aye, Munns -aye,
Spears -nay, Plocher -aye, Werderich -aye, Gohnski -nay
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
Attorney Orr reported that she was informed that all legal fees for the Aspen Ridge litigation will be
covered however any final judgment won't be covered. Also, if there is a guilty charge, no one will be
covered due to fraud.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator McLaughlin had no City Administrator report however he reported for Director Dhuse who
was not in attendance. A contractor will be inspecting and flushing lines east of Route 47 from Orange
Street to the Fox River. They are trying to find any infiltration of storm water by televising the lines.
There will be a cost if repairs are needed.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — April 14, 2009 — vage 7
CHIEF OF POLICE'S REPORT
Chief Martin reported on the following:
• There was a BASSET training held on April 6, 2009 with forty -five people in attendance.
Additional sessions are scheduled for April 29, 2009 and May 5, 2009.
• The Police Department is working on the Knox- Box program which allows keys to a person's
house to be kept available in case of an emergency. Anyone interested should contact Sergeant
Groesch.
• Through the Cell for Seniors program, the Police Department is making cell phones available for
seniors to use in case of emergency. The Police Department is looking for donations of used cell
phones.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Park & Recreation Director Olson reported on the following:
• The grant writer is paid $14,000.00 /yeas or $56,000.00 over the past four years. Due to the grant
writers efforts the city has received $1.25 million in OSLAD grants over four years such as
$350,000.00 for the Whispering Meadows park, $128,000.00 for the Cannonball Trail Park, etc.
• The Park Board discussed the Rec Center's membership. As of August 1, 2008 there were 700
memberships and this is up to 1200 memberships as of April 2009. Membership is up even with
the poor economy.
• The Park Board also discussed revenue generators such as sand volleyball, mower races, a
haunted house, etc.
• There will be an open house on April 18, 2009 at the Rec Center from 8:00 to 11:00 a.m. The
enrollment fee will be waived for those signing up to early registration of spring classes.
• On April 19, 2009 there will be a 5K Tax Dodge Run.
• The City Golf Outing will be held on May 1, 2009 and the city is still looking for sponsors and
golfers.
• There are still a few opening for men's softball but it is almost sold out. All other leagues are
sold out.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
No report.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported that there will be a free Foreclosure Seminar on April 18, 2009 at the Library.
Representatives from local banks, the Kendall County Treasurer, etc will be in attendance. She directed
those interested to the city's website for more information.
COMMUNITY & LIAISON REPORT
Library Board
Alderman Allen reported that he attended the Library Board meeting where they discussed forming a
Library District. The plans are preliminary and in June they will be meeting with an attorney. They hope
to have a proposal by fall. The district is to conform to the United City of Yorkville's city limits.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
Kendallwood Estates — Call of Earthwork Letter of Credit
(PW 2009 -16)
A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of
Credit No. 3000221071 -900 in an amount not to exceed $58,223.87 ($57,123.87 is for the notice of claim
from KR&G Excavating Partners and $1,100.00 is t reimburse the city for attorney costs related to this
notice of claim); seconded by Alderman Sutcliff.
Attorney Orr explained that the format of the letter of credit (LOC) allows for the city to be notified if a
subcontractor has not been paid by the developer so that the city can call the LOC. This is generally not
the format used for letters of credit and the one used puts the city in a bad position. The LOC will be
called but not paid out. The funds will be held until direction from the company issuing the LOC or a
court order requires payment. Attorney Orr explained that the format that the city uses for LOCs had
been changed so that there are other legal avenues for contractors to use to pursue payment.
Alderman Golinski commented on the April 14, 2009 letter from Attorney Craig Cobine, attorney for
Kendallwood Estates, which states that the city lacks statutory authority rights to call the LOC for this
The Minutes of the Regular Meeting of the Citv Council — Agril 14, 2009 — page 8
purpose. Attorney Orr stated that she disagreed with this statement and felt that Attorney Cobine was
stretching the statute. She stated that the city is the only one able to draw on a LOC. She explained that
the contractor is suing the developer and if they get a court order the city can pay them from the LOC
funds. Alderman Golinski asked that if the city does pay the contractor would they also be accepting the
contractor's work. Attorney Orr stated that they would not be and that the court will raise this question.
Alderman Golinski felt that the city was creating a liability and that they should "butt out' ' of the problem.
Alderman Werderich asked if calling the LOC was a right or obligation. Attorney Orr stated it was an
obligation because the contractor was liening the property. Alderman Werderich noted that Attorney
Cobine indicated that the city was incurring a liability. Attorney Orr disagreed because the city was not
relinquishing funds.
Alderman Spears noted that the city is going to incur legal and staff expenses in the matter and supported
leaving the funds in the LOC. Attorney Orr explained that the way the agreement is written it would be in
the city's best interest to call the LOC. Alderman Spears asked for copies of the new format.
Alderman Golinski commented that this was a confusing topic and even the banker involved was
confused. He asked if there was a timeline for calling the LOC. Attorney Orr explained that het terms of
the LOC calls for a 90 notice. The city has not received notice so the bank has agreed to draw down on it.
She stated that she was advising that the city call the LOC to avoid liability. If the court requires
relinquishment of the funds the city will do this.
Alderman Besco felt that Castle Bank should be made aware of the circumstances and Alderman Spears
questioned if Stan Freed of Castle Bank had been invited to the City Council meeting. Administrator
McLaughlin stated that Mr. Freed was aware of tonight's discussion.
Mayor Burd question what would happen if the City Council does not approve this. Attorney Orr
explained that third party beneficiaries were relying on this being approved and that there was a potential
liability for the city because it will be taking public improvements and liening the property. The safest
way to approach this is to approve.
Motion approved by a roll call vote. Ayes -7 Nays -0
Allen -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski aye, Besco -aye
Alderman Munns was not present for the vote.
Kendallwood Estates — Call of Sitework Letter of Credit
Notice of Claim from Aurora Blacktop
(PW 2009 -17)
A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of
Credit No. 3000221071 -901 in an amount not to exceed $59,774.75 ($58,674.75 is for the notice of claim
from Aurora Blacktop and $1,100.00 is to reimburse the city for attorney costs related to this notice of
claim); seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye
Alderman Munns was not present for the vote.
Kendallwood Estates — Call of Sitework Letter of Credit
Notice of Claim from J &S Construction
(PW 2009 -17)
A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of
Credit No. 3000221071 -901 in an amount not to exceed $305,326.15 ($304,226.15 is for the notice of
claim from J &S Construction and $1,100.00 is to reimburse the city for attorney costs related to this
notice of claim); seconded by Alderman Allen.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye
Alderman Munns was not present for the vote.
The Minutes of the Regular Meeting of the Citv Council — Auril 14.2009 — Da2e 9
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Collier 1.5 Mile Review
(PC 2009 -03)
A motion was made by Alderman Golinski to recommend to the Kendall County Board to approve a
Special Use allowing a gift shop use on the Collier property located at 7275 US Route 34; seconded by
Alderman Besco.
Alderman Golinski reported that the this special use was unanimously approved by the Plan Commission
however they did not include the staffs comments.
Alderman Besco expressed his concern with the curve on Route 34 and access to the location. He also
did not feel the property met parking requirements. He noted the number of accidents at Rickard Road
and questioned the affects the rezoning would have on traffic.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye
Alderman Munns was not present for the vote.
Zoning Ordinance Amendment Regarding Mining Regulations - First Reading
(PC 2008 -29)
Alderman Golinski reported that this was the first reading of the proposed zoning ordinance amendment
regarding mining regulations.
Ordinance 2009 -22 Regulating Wind Energy Systems
(CC 2009 -36)
A motion was made by Alderman Golinski to approve an ordinance regulating wind energy systems and
authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff.
Mayor Burd reported that this is merely a space holder while the Economic Development Committee and
staff works on the real ordinance. This temporary measure addresses people putting wind energy systems
on their homes and keeps them from installing them on their homes.
Alderman Spears stated that she did some research and came up with a list of communities that had
moratoriums on various things. She shared a list of various moratoriums with the City Council and stated
that she felt Yorkville had the right to go ahead with a moratorium on wind energy systems.
Mayor Burd stated that in her twelve years on the City Council various city attorneys have advised
against moratoriums such as one against adult bookstores. She stated that as mayor she doesn't want the
city to do illegal things and a moratorium could cause litigation from businesses because the city would
not be allowing them to sell their products.
Alderman Werderich asked if asked if the moratorium issue was based on case law or state statute.
Attorney Orr explained that some of the moratoriums Alderman Spears listed are state moratoriums. She
further explained that the Illinois Municipal Code (Article 11, Chapter 65) allows the regulation of
businesses through zoning. She commented that if the city is not allowed to prohibit adult bookstores
why would it be able to prohibit any other business and that moratorium are only as good as they are
enforceable. She stated that some have not stood up in court.
Alderman Werderich stated that it was the intent of the Economic Development Committee to cool the
applications for wind systems. Attorney Orr indicated that she tried to write an ordinance which would
do this. She explained that the ordinance does not regulate the systems but put limitations on home
installations in the hope to slow applications.
Alderman Golinski noted that the small wind systems have to follow the regulations of satellite systems
and he asked if permits were necessary for the satellite systems. Director Miller stated that permits are
required however they do not limit the quantity.
Mayor Burd suggested that the wording be changed to say that systems are not allowed in residential
zoning. Attorney Orr felt that the wind systems were not dangerous enough to prohibit however this
could be changed if there is data indicating they are safety hazards.
There was discussion about the installation of the systems including setbacks, location, height
requirements and the installation of units on out buildings. Attorney Orr recommended adding wording
that the units have to "may not be located on the front of primary or accessory building and must meet all
The Minutes of the Regular Meeting of the Citv Council — April 14, 2009 — Da 10
other requirements established for antennae..... Chapter 6 of the City Code and may not exceed three feet
above the roof top...."
City Attorney Orr asked that the motion be amended to include the new wording. So moved by Alderman
Golinski; seconded by Alderman Sutchff.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Allen -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye
Alderman Munns was not present for the vote.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Stimulus Funds
Alderman Plocher asked if the city had seen any stimulus funds coming its way. Mayor Burd stated that
the city did get funds to be used for Game Farm Road Project and that Representative Foster was sending
an aide to assist in applying for more. Administrator McLaughlin added that the Kane /Kendall Mayors
group distributed the funds per capita for pending projects. Applications for sewer and watermain
projects have also been filled out.
Waste Hauler
Alderman Besco asked if there was a time restriction in the morning for the waste haulers. Mr. Olson
stated that they are not to pick up before 6:00 a.m.
Ward I Meeting
Alderman Werderich reported that a Ward I meetings was scheduled for April 30, 2009 at 7:00 p.m. at the
Silver Dollar Restaurant He asked if the information could be placed on the city's website.
Tax Dodge Run
Alderman Werderich reported that he was participating in the Tax Dodge Run and he encouraged others
to join on April 19, 2009. Sign -up begins at 7:00 a.m. and the race begins at 8:30 a.m.
Citizens Police Association
Mayor Burd reported that there have been fourteen years of CPA classes and the latest one kicked off
with seventeen people in attendance. She encouraged everyone to join.
Letter of Commendation
Mayor Burd reported that she received a letter from someone who recently had a medical emergency at
the Rec Center. The letter commended Sue Swithin and staff for their care and concern in the matter.
ADJOURNMENT
Mayor Burd entertained a motion adjourn the meeting. So moved by Alderman Golinski; seconded by
Alderman Werderich.
Adjournment of the meetings was unanim ously approved by a viva voce vote.
Meeting adjourned at 9:55 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
REGULAR CITY COUNCIL MEETING
APRIL 14, 2009
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REGULAR CITY COUNCIL MEETING
APRIL 14, 2009
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SIGNIN
April 10, 2009
Members of the City Council of Yorkville, IL:
There is a serious concern of the residents of Bristol Lakes subdivision at Kennedy and Lillian
Lane. During the past weeks we have experienced elevated water tables in our area which has
resulted in non -stop running of our sump pumps and flooding in some basements. This has not
happened in this area since the floods of `95 and we are concerned that the six to twelve foot
raise in the elevation of the Pulte property abutting our properties has caused major water shifts
both in the underground water table and the erosion of soil. The Yorkville zoning department as
well as Pulte assured us that the sewer system they were putting in would take care of drainage
problems even with the raised elevation. But, the rains came and their system failed to keep the
water away from us.
Every other subdivision on the north side of Kennedy followed the contour of the land when
houses were built. Why then was Pulte allowed to elevate the land in their proposed
subdivision?
Would any Yorkville resident not protest if a builder raised the property next to them, by the
amount Pulte did next to us, mainly for future drainage problems as well as aesthetic values? We
trust that the city will work with the residents on this issue in a neighborly way, understanding
our concerns, so that this elevation resulting in our water drainage problems can be eliminated.
Concerned residents of Bristol Lakes Subdivision
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To: City Council
From: Susan Mika Finance Director
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� Bolovvare answers tuthe FY 2009/2010 budget questions:
|
Revenue
The legal fees |ML has committed to pay has been placed '' the insurance �
reimbursements line item 01-000-44-00-4412. The proposed amount is $71,562.
Travis Miller sent an email on March 18, 2009 indicating that Raging waves season pass
sales were up4239A from last year and they would be open for amonth longer than last
year which supports this propose increase.
There are no additional vehicles scheduled to be replaced in the proposed budget for Public
Works or the Parks & Recreation department.
� Engineering
5 Employees in this department.
This ia for unanticipated expenses that occur during the course mf the year.
This tuition msinlbmruernen1 is for the Cit annual NPDES permit fee which vve need to
have for the EPA.
Of the $6,900 budgeted for computer equipment and software, $3,800 is for new
�
computers/workstations per the replacement policy. Two of these computers have had
ports replaced in them and are still on the verge of failing and are at least 6years old.
'
- �3,1O0isf�r�nnma||i�enyerenavxa|sforthe existing engineering softxvane
(' / '
CommunbVDeveloomen1
);;- S Employees in this department.
Streets
)i;- Salaries / Overtime expense increased because we have eliminated all part time staff
from the Streets budget and this fiscal year we have spent $35,409.61. Most of this
year's expense was for plowing.
)� Property Maintenance covers any work that needs to be done at any mf our facilities. In
� the past we have paid for the heating and air conditioning repairs for City Hall, Fine
alarm maintenance, yearly alarm service, faucet replacement, elevator repairs, Beecher
center repairs, and storage garage fees from this line item. The increase would be to
cover any other repairs that may come up. This fiscal year we have spent $26,503.44.
➢ Storm sewer maintenance has increased because of reductions that were done during
the 6 month budget review for a small project that is slated for this upcoming proposed
budget.
➢ Wearing Apparel -- We did not replace any gear this year for the streets division. This
covers uniforms and all gear associated with working in the cold such as overalls, boots,
gloves, etc..
M FT
➢ We receive motor fuel tax allotments throughout the fiscal year. These monies earn
interest until they are spent and can only be spent on approved motor fuel projects. Most
of the funds are not spent until a project has begun or is complete. Therefore, we have
the potential to earn a interest on these monies.
Municipal Building
➢ We are anticipating to receive 100 permits at $550 each, giving us a total of $55,000 in
revenues.
Citv_ -Wide Capital
➢ The Centex loan was for the City to hire a wetland consultant to help design the
Raymond regional detention basin. The City actually hired V3 Consultants and are
paying them with the money loaned to us by Centex. We need to pay back the loan, with
interest, by 1/31/10.
Water Improvements / Ooerations
➢ Full time salaries increased because we moved 25% of the PW Director salary to the
Water fund.
➢ Part time staff has been eliminated due to budgeting constraints and increased the
overtime to $30,000 which is consistent with where it's been over the past two years.
We're requesting similar amounts to what we've used the past.
➢ Training and Conferences is required for the water licenses and certifications.
➢ North Water Tower 2002 Issue bond increased $85,000 per the bond schedule. Typically
bond payments start out smaller during the first couple years and then gradually increase
until they are paid off.
Sewer Maintenance & Improvements
➢ Connection fees have increased we anticipated receiving at least 100 connections
(permits) at $2,000 each.
➢ Salaries increased because 25% of the Director of PW salary was moved to the sewer
fund. The JULIE locator's salary should be coded out of the Sewer department, therefore
it was moved back. Also, one employee from the Engineering department was moved to
the Sewer department.
➢ There are 5 employees in the sewer department and then a portion of the Director of
Public Works. All 5 employees have cell phones.
➢ Contractual services is usually for engineering or a study and we are not going to be
doing any surveys this year due to budget constraints.
Land Cash
➢ The Wheaton Woods Natural Trail is a grant the City was awarded. It is an 80/20 grant;
The City will be reimbursed 80% and will cost the City 20 %.
Parks and Recreation
➢ Revenue for Miscellaneous retail is for the sale of wearing apparel with the Rec Center
logo on it.
➢ Salaries for employees is actually a .3% increase of which excel rounded down to 0.
➢ Maintenance equipment is due to the repair of two parks trucks, which both need front
end work done. Both of these trucks are past their replacement dates, and are beginning
to incur repair costs.
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