City Council Minutes 2009 07-14-09 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, JULY 14, 2009
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 Gilson Present
Werderich Present
Ward H Golinski Present
Plocher Present
Ward III Munns Present
Sutcliff Present
Ward IV Teeling 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, Public Works
Director Dhuse, Police Chief Martin, Lieutenant Schwartzkopf, Community Development Director Miller
and Public Relations Officer Spies.
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
None.
COMMITTEE MEETING DATES
Public Works Committee Meeting: 630 p.m., July 21, 2009
City Hall Conference Room
Economic Development Committee: 7 :00 p.m., August 4, 2009
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., August 20, 2009
City Hall Conference Room
Public Safety Committee Meeting: 6:00 p.m., July 23, 2009
City Hall Conference Room
PRESENTATIONS
Girl Scout Gold Award Winners
Mayor Burd and Oswego Village President Brian LeClercq presented Certificates of Recognition to
Kelsey Sedgwick, Susie Pratt, Camille O'Neil and Elizabeth Scheffrahn for achieving the highest award
in Girl Scouting, the Gold Award. The girl projects for the award included teaching kids about theatre
props, sets, writing and putting on plays, nutrition, cooking, etc. Girl Scout Leader Anne Lucietto
explained that each girl put in 125 to 145 hours on their projects with 65 hours being independent work.
Both Mayor Burd and Mr. LeClercq congratulated the girls.
Mr. LeClercq thanked the City Council for attending Oswego's last board meeting. Mayor Burd added
that she and Mr. LeClercq drove to Chicago together to see the signing of the Capital Bill. She felt it was
a momentous occasion and she looked forward to the city getting funding from it.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Joyce Barrett, Fox Hill, in response to an article in the Kendall County Record, shared with the City
Council the history of the old jail which was completed in 1893. She stated that after the historic
The Minutes of the Regular Meeting of the Citv Council — July 14. 2009 — VaSe 2
courthouse was restored, it was apparent that the jail was in jeopardy. Information was submitted to the
historic register however the newer portion of the building jeopardized its historic status. A booklet has
been prepared by Stephanie Todd of Oswego to be sent to Springfield to show that the jail is an
endangered building. Once it gets this status, there are grants which can be applied for such as one for
brick and mortar. Mrs. Barrett supported the city's plan for the building and stated that once it is
destroyed it can never be rebuilt.
Stephanie Todd of Oswego and chairman of the Kendall County Historic Preservation Society explained
to the City Council that she is part of an advocacy group which aims to restore historic buildings. She
questioned the city's plans for the old jail and offered the support of the historic society. She stated that
she had an assessment of the jail done by an architect in April 2009 and the report indicated that while the
building needs work, it is in good shape. A lead paint inspection was done in 2008 as this is a concern.
She explained that there are different remediation standards for public buildings versus private ones. It
was determined that the building qualifies as a house so there will be less stringent remediation needed.
Mark Johnson of Yorkville distributed exhibits to the City Council and addressed four issues. First, he
questioned why Kendall County isn't renovating the old jail if it is such a good opportunity. Secondly, he
was against tax dollars paying for part time employees to be enrolled in the Illinois Municipal Retirement
Fund (RVIRF). He felt that allowing this would be overspending of government dollars. Thirdly, he
questioned the ownership of the building being considered for the Downtown Redevelopment Project
Area. He indicated that on the exhibit he distributed, the owner of the building is Beardsley not Daniels.
He stated that he had trouble finding information on the PIN numbers listed; they don't exist. He did
research on the PIN number and questioned if the error was an accident or was it to hide who the players
are. He questioned who actually owns the building because TIF dollars are being used. He felt due
diligent should be done and correct information should be presented. Fourthly, he questioned why the
city was in a hurry to buy a dilapidated building; the old jail. He noted that private businesses have tried
in the past to buy the building however they found that it would cost too much money to renovate it. He
questioned the mayor's statement regarding volunteers who want to help renovate the building and why
she is in such a hurry to acquire the property. He suggested other properties in the downtown, such as the
old post office, that could be used for parking. He referred to the third exhibit he distributed which
demonstrated the possible parking spots in the downtown area. He estimated that there was room for
- more than 580 spots within one block of the downtown area. He suggested that the city verify the total
number of spaces available before the city buys a "junk" building. He asked that the project be stopped
and more research be done before the City Council makes a decision.
Dennis Batdorf, Raintree Village, noted that when the mayor was runnin for election she said she would
fix the roads in the old part of town. Now the roads in the new sections of town look the same as the old
roads. He asked what was going on with the streets in his subdivision as they won't last through the
winter. He also noted that Bob Allen campaigned in his subdivision and promised temporary sidewalks,
repaired roads, etc. He stated that he would like to see something happen.
CONSENT AGENDA
1. Ordinance 2009 -34 - Authorizing the Execution of an Intergovernmental Agreement Between
the United City of Yorkville and the County of Kane (CHAP Full Circle Grant for Tree Survey)
— authorize the Mayor and City Clerk to execute (EDC 2009 -16)
Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman
Golinski; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0 Abstain -1
Golinski -aye, Werderich- abstain, Plocher -aye, Spears -aye,
Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye
Mayor Burd noted that Alderman Werderich abstained due to a conflict of interest; he works with Kane
County.
PLAN COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of May
26, 2009; seconded by Alderman Golinski.
Motion approved unanimously by a viva voce vote.
The Minutes of the Regular Meeting of the Citv Council — July 14, 2009 — pa 3
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated July 7, 2009 totaling the following amounts: checks in the amount of $338,899.04
(vendors); $267,744.96 (payroll period ending 7/4/09); for a total of $606,644.00; seconded by Alderman
Golinski.
Alderman Spears asked why payment the checks for the adjudication officer on page 1 of the bill list were
delayed (they were dated May 6, 2009). Director Mika explained that the invoices for services were
turned in late.
Mayor Burd stated that any questions that require a detailed answer need to be addressed in advance of
the City Council meeting. She stated she will not allow the Finance Director to answer questions at the
meeting. She noted that Oswego and Montgomery do not allow their Finance Directors to answer
questions. She stated that she was trying to stop "stump the Finance Director ". She asked that the City
Council show respect to the staff and ask questions before the meeting so that Director Mika can have do
due diligence and then address the questions at the meeting. Aldermen Spears and Gilson asked what
happened to the binder with all the bills that the Director Mika could refer to and questioned voting on the
bill list without their questions being addressed.
Motion approved by a roll call vote. Ayes -6 Nays -2
Mums-aye, Plocher -aye, Spears -nay, Sutcliff -aye,
Werderich -aye, Teeling -aye, Golinski -aye, Gilson -nay
REPORTS
MAYOR'S REPORT
IDOT IL -47 Replacement Parking Facility Request
(CC 2009 -60)
Mayor Burd stated that she asked Director Miller to work on this. She felt this was a great opportunity for
the city and noted that she has wanted to save the old jail. Staff has done due diligence and came up with
a plan to purchase the building for parking.
Mayor Burd entertained a motion to authorize the Mayor to prepare and sign formal request letter to
IDOT. So moved by Alderman Sutcliff; seconded by Alderman Golinski.
Director Miller explained that the city entered into an agreement with IDOT in 2000 when the state and
the city recognized that parking would be lost when Route 47 was widened. IDOT agreed to compensate
the city for twenty parking spaces and spelled out the dollar amount and area covered. Staff met with
IDOT last fall where the parking issue was again discussed. Downtown business owners have also shown
concern about the loss of parking. Because of this, staff began looking at existing municipal facilities
downtown. East of Route 47 there is a parking area behind the businesses however on the west side there
is less existing parking. Staff evaluated the existing locations and investigated how they could be
expanded. They looked at the area behind the AT &T building and contacted them to see if the property
could be acquired. AT &T is willing to lease the area but not sell it due to telephone lines under the
property. Another property, Mr. Daniel's, north of hydraulic and west of Route 47 was considered. Mr.
Daniels has a desire to demolish the building on the site and lease the property. This information was
communicated to IDOT and they were asked if their compensation could be used on leased property
however it cannot. Staff then looked at the old jail. With grating, the north portion is large enough to
accommodate in excess of twenty spaces. IDOT feels the site is potentially feasible and acceptable. This
formal request to pursue the property is the first step in the process.
Mayor Burd stated that the city did a lot of due diligence in this matter. Business owners are concerned
with the lack of parking especially for handicapped individuals. As business owners in the area are
struggling, this parking solution will help. She stated she could not agree that the whole thing will come
together but the city needed to take this first step.
Alderman Gilson clarified that IDOT was going to pay to purchase the property and construct the parking
spaces. Director Miller confirmed this. Alderman Gilson inquired as to the cost to the city. Director
Miller explained that [DOT's estimated expense would be in access of $600,000.00. Alderman Gilson
noted that the lighting, electric, etc. will not be covered by IDOT. Director Miller explained that IDOT
will only compensate for twenty spaces, if the city wants more it will be at its expense. Maintenance will
also be the city's responsibility. If IDOT accepts the request engineering will proceed. Alderman Gilson
commented that the city cannot afford the additional items as maintenance of the old jail will be a
I
The Minutes of the Regular Meeting of the Citv Council — July 14, 2009 — na2e 4
liability to the city. He stated that while he supported preserving the building, he felt it was fiscally
irresponsible for the city to proceed with this.
Alderman Spears asked if there was any contamination on the site. Director Miller explained that Kendall
County had a site evaluation done which did not suggest that the site was contaminated however the
building may have contamination. IDOT will do a hazardous material evaluation. Alderman Spears
asked why the City Council did not get a copy of Kendall County's site evaluation. Director Miller stated
he just became aware of the evaluation. Alderman Spears noted that a two- tiered parking lot was
suggested in the past and she felt it was a better idea however the city has not funds.
Alderman Werderich stated he liked the project and felt this was a good way to preserve the building
however he feared that the money from the state would not be enough for the project. If the price tag is
too large, the city does not have the funds for it.
Alderman Golinski commented that IDOT may evaluate the property and find that it is not feasible.
Mayor Burd agreed that the project could fall apart at any time for any reason.
Alderman Gilson stated that the facility will cost money to maintain and renovate. He felt it was not
responsible to move forward. Mayor Burd commented that this was not necessarily a hard fact as there
are grants available to renovate the building. Alderman Gilson commented that debating the issue at this
time was against the Governing Ordinance. Mayor Burd stated she had not recognized him and he should
not talk.
Alderman Spears had a question however the mayor called for roll call and stated she was not going to
recognize Alderman Spears. Alderman Spears asked that it be put into the record that Mayor Burd would
not allow her to represent her constituents. Mayor Burd stated that Alderman Spears was out of order.
Motion approved by a roll call vote. Ayes -6 Nays -2
Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye,
Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay
Ordinance 2009 -35 Amending the Code of Ordinances Providing for Liquor Control
(BASSET Training Requirements)
(CC 2009 -61)
Mayor Burd entertained a motion to an ordinance amending the Code of Ordinances providing for Liquor
Control and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by
Alderman Golinski.
Mayor Burd explained that there are several benefits where people will be working for one time only
serving liquor. This amendment will require them to have one quick course to teach them how to handle
sales.
Motion approved by a roll call vote. Ayes -8 Nays -0
Gilson -aye, Sutcliff- -aye, Munns -aye, Spears -aye,
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye
Authorization for Participation of Part -Time Employees in IMRF
(CC 2009 -62)
Mayor Burd entertained a motion to approve part-time employees Kathleen Auw, Robert Bieritz and
Amanda. McGee to work over 1000 hours annually per employee manual section 1.4.4 and to authorize
enrollment in Illinois Municipal Retirement Fund (IlVIRF). So moved by Alderman Munns; seconded by
Alderman Werderich.
Interim Director of Park and Recreation Olson explained that the Finance Department brought to his
attention that three employees are close to working over 1000 hours this calendar year. Per state law and
as stated in the Employee Manual, they are required to be enrolled in Illinois Municipal Retirement Fund.
The employee's hours are budgeted however the City Council needs to approve the additional hours.
Alderman Werderich noted that these are good employees but it puts the City Council in an awkward
situation when department mangers allow this to occur. He stated that the hours need to be monitored
more closely.
Alderman Golinski asked if this was before the Park Board. Mr. Olson stated that it was not because two
of the employees are close to the cap. He explained that in the past this request was taken to the
The Minutes of the Regular Meeting of the Citv Council — July 14, 2009 — nape f
Administration Committee however their meeting was cancelled. It will be discussed at the next Park
Board meeting. Alderman Golinski stated he would like to hear the Park Board's feedback before he
considered this.
Alderman Gilson noted that the Park & Recreation Department is runnin in a deficit and he questioned
why this was not budgeted for. Mr. Olson stated he was not sure why this was overlooked.
A motion was made by Alderman Spears to table this until the Park Board reviews; seconded by
Alderman Gilson.
Motion approved by a roll call vote. Ayes -7 Nays -3
Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye,
Sutcliff- -nay, Munn -nay, Spears -aye, Plocher -nay
Kennedy Road Trail Update
(CC 2009 -63)
Mayor Burd stated that most people are aware of the sad accident that occurred on July 5, 2009 in which
bicyclist Darlene McCue was killed on Kennedy Road. The mayor asked Mr. Olson to give the City
Council an update on the proposed bike trail for this area. Mr. Olson explained that the city applied for
two grants; one is a state grant the other is federal. The state grant requires that the entire portion of
Kennedy Road be in the city's possession however there are parcels that are not in the city limits.
Because of this, the grant was withdrawn. Both the Autumn Creek and Grande Reserve developments
indicate a path but due to the economy the paths are not progressing. The city will know about the federal
grant in November 2009.
Mayor Burd questioned the status of the transportation plan and Director Miller indicated that it was in its
final form and the next step was to present it to the Park Board. This will happen at the July 23, 2009
meeting. Adjustment will be made to the plan after this meeting and then it will come to the City Council
most likely in august 2009.
Raintree Village Request to Substitute Existing SSA Bond Proceeds for Surety Bonds
(CC 2009 -64)
Mayor Burd asked Attorney Dan Kramer to address this. Attorney Kramer explained that there is a
potential buyer for Raintree Village Units 4, 5 and 6. The current developer, Lennar can finish the punch
list items or the dollars will be held back so that the buyer will have the cash to finish them. There are
enough funds in the SSA bond escrow account to complete the three units. Normally the city would have
a bond or Letter of Credit to guarantee completion of improvements. Along with the SSA escrow
account, Lennar posted LOC's so the property is doubly covered. Due to the type of LOC, Lennar is
unable to assign them to the buyer. This will be a cash purchase but the buyer will not have the ability to
obtain their own LOC. The buyer is requesting, if they can prove there are sufficient funds to complete
the public improvements, that the bond account stand as the security. The buyer is asking that they not be
made to post additional bonds. When work on the development is completed, the city staff can approve it
and then the Bank of New Yorkville can send checks to the companies doing the work. If the sale is
completed, then work in the area will be finished.
Alderman Spears questioned if the city had enough escrow for Units 1, 2 and 3. Attorney Kramer stated
that there are funds allocated for units 4, 4 and 6 only. There is a separate LOC for the other units.
Alderman Werderich noted that there wasn't any staff response in the City Council packets to Attorney
Kramer's July 10, 2009 letter. Attorney Kramer indicated that he asked to quickly be put on the agenda.
There is no vote on the matter tonight and if the City Council doesn't entertain the idea then the purchase
deal is dead. If the City Council will entertain it, the matter will be back at the next City Council meeting.
Alderman Werderich stated he was uncomfortable providing direction without staff input. Administrator
McLaughlin stated he received Attorney Kramer's letter late on July 10 so staff did not have time to
investigate the matter. He noted that the city code was silent on this matter. He explained that the goal is
to have funds in place to complete a subdivision and this is 120% of the engineer's estimate to complete
it.
Alderman Gilson asked why the current LOC can't be transferred. It was explained that the bank who
issued the LOC does not have a relationship with the buyer and will not allow a transfer.
Attorney Orr explained that Lennar can finish the punch list items by and get them accepted. The LOC
and bonds are significantly more than the amount of work to be completed by Lennar. She also explained
that the buyer would like the work completed by August 30, 2009.
i
Minutes of the Regular Meeting 9f the Citv Council — July 14. 2009 — Daee 6
Alderman Gilson asked Attorney Orr if there was a potential for a lawsuit if the City Council says no to
the request. Attorney Orr stated there was no potential for this.
Attorney Kramer explained that the buyer is planning on having building resume this fall; the property
will not be sitting vacant.
The City Council was polled as to if they supported the request. The consensus (5 -3) was to consider it.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPOT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Mika reported that the audit is on time and on target.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that he spoke with Engineering Enterprises, Inc. and the Fox Road paving will be
done by Friday. He noted that the old asphalt is being recycled by being reused on the road. He also
reported that salt prices are down to $76.94/ton which will save the city approximately $46,000.00.
CHIEF OF POLICE'S REPORT
Lieutenant Schwartzkopf reported that the National Night Out will be held on August 4, 2009 at the Town
Square Park from 6:00 TO 8:00 P.M. Also, the Citizens Police Academy graduated fifteen new members.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Park & Recreation Director Olson reported on the following:
• Movie Under the Stars will be held Friday, July 17, 2009. The movie will be Journey to the
Center of the Earth — 3D and the first 100 people will get goggles to wear during the movie. The
Yorkville Optimist Club is the sponsor.
• Music Under the Stars will be Friday, July 24, 2009 and a wine tasting will accompany the event.
• He attended the Aurora Paddlesport Festival with Alderman Werderich. Yorkville's whitewater
facility was highlighted. The construction on the facility has been delayed and is now estimated
to be completed next summer.
• A grant was received that will allow for the installation of a rain garden at the south east comer of
the Rec Center.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Director Miller reported that there will be a CMAP is hosting a workshop at Waubonsee Community
college on July 15, 2009 from 6:30 to 8:30 p.m.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported
• The city will have a booth at the Kendall County Fair July 31, 2009. She asked anyone interested
in mannin the booth to email her and they will receive a ticket the fair in exchange for their
help.
• The "Shop Yorkville" website is up and runnin She encouraged everyone to participate and
submit logo ideas
COMMUNITY & LIAISON REPORT
Yorkville - Bristol Sanitary District
Alderman Gilson reported that he attended the Yorkville - Bristol Sanitary District meeting where they
discussed the Blackberry Creek dam; too much inflow from some manholes and a study for affluent
discharge.
The Minutes of the ReLyular Meetine of the Citv Council — July 14, 2009 — ua L77
Aurora Area Convention and Visitor Bureau
Alderman Sutcliff reported that she met with Sue Voss and discussed promoting the area not just the city
of Aurora; a restaurant guide, the Farnsworth House open house and the whitewater park.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2009 -36 Approving a Redevelopment Agreement for the
Downtown Redevelopment Project Area
(Bridge Street Development)
(PC 2009 -03)
A motion was made by Alderman Golinski to approve an ordinance approving a Redevelopment
Agreement for the Downtown Redevelopment Project Area (Bridge Street Development) and authorize
the Mayor and City Clerk to execute; seconded by Alderman Werderi ch.
Mayor Burd asked Director Miller who is the owner of the building and he explained that Mr. Daniels is
the owner having purchase it from the Beardsleys.
Paul Daniels addressed the City Council. He explained that the Beardsleys owned the building which was
the old Naden Hotel until it was sold to Bridge Street Plaza who also owns Dickson building next door.
He has run a computer software company out of the Dickson building for fifteen years. The old hotel has
been a problem for years so they were delighted to acquire it. He looked into renovating it however this
is cost prohibited. This agreement does not involve tax payer's money but involves funds from the
redevelopment of the property.
Director Miller stated he confirmed the PIN numbers with the Kendall County Assessors website and they
are accurate. He explained may be an alternate sometimes uses.
Alderman Gilson expressed concerns. He distributed information to the City Council and noted that there
are two entities named Bridge Street Plaza. One is not in good standing as required on page 13 of the
agreement. He stated he did not agree with the TIF district and he did not see an indication of a
development plan for the property. Mr. Daniels looked over the information from Alderman Gilson and
stated that both entities are owned by the same people. He agreed that Bridge Street Plaza does not
appear to be in good standing. Attorney Orr stated that this could be verified before the obligation of
funds is paid out. There was some discussion regarding corporations versus LLC's.
A motion was made by Alderman Spears to table this matter until the information could be verified;
seconded by Alderman Gilson.
Motion to table defeated by a roll call vote. Ayes -2 Nays -6
Spears -aye, Plocher -nay, Werderich -nay, Golinski -nay,
Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -nay
Alderman Spears questioned a reference on page 3 of the agreement regarding job opportunities. She
stated that no project is listed so how is this going to create jobs. Attorney Orr explained that there is no
project as of yet however the developer has five years to develop the property. If it is not developed the
commitment is gone.
Alderman Spears noted that the agreement call for the property to have' soil and grass installed but she
thought the property was going to be used for parking. Mr. Daniels explained he would be happy to plant
grass or add gravel. He stated that grass would be planted so the lot is attractive until the city requests to
use the lot as a parking facility. Director Miller indicated that according to the agreement the city can
have to three years before entertaining a parking agreement.
A motion was made by Alderman Werderich to amend the original to add the phrase "once it is confirmed
that Bridge Street Plaza H is a LLC'; seconded by Alderman Golinski.
The Minutes of the Regular Meeting of the Citv Council — July 14, 2009 — page 8
Motion to amend approved by a roll call vote. Ayes -7 Nays -1
Golinski -aye, Teeling -aye, Gilson -nay, Sutcliff- -aye,
Mums -aye, Spears -aye, Plocher -aye, Werderich -aye
Mr. Daniels clarified that the amendment was broad enough if he is incorrect for the attorney to correct
the agreement. Attorney Orr stated that the agreement cannot be altered in regards to the good standing.
I
A motion was made by Alderman Spears to include the words "not to exceed $140,000.00" after
"redevelopment cost" on page 5 of the agreement; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Teeling -aye, Gilson -aye, Sutcliff -aye, Munn -aye,
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye
A motion was made by Alderman Sutcliff to call the question; seconded by Alderman Mums.
Motion to cal the question approved by a roll call vote. Ayes -8 Nays -0
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye,
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye
Original motion approved by a roll call vote. Ayes -6 Nays -2
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye,
Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Alderman Spears stated she was pleased to read that the governor is releasing funds to widen Route 47.
She stated that she has been working in the widening since 2004 and she thanked everyone who signed
her petition. She also thanked Representatives Lindner and Lauzen, Plano and Kendall County and former
mayor, Mr. Prochaska for their work on this matter.
Alderman Werderich stated that he went with Mr. Olson to the Paddlesport event in Aurora to promote
Yorkville's whitewater facility and found that people were excited about using it.
EXECUTIVE SESSION
Mayor Burd entertained a motion to go into Executive Session for the purpose of
• Collective negotiating matters between the public body and its employees or their representatives,
or deliberations concerning salary schedules for one or more classes of employees.
• 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 immin ent, in which case the basis for the finding shall be recorded and
entered into the minutes of the closed meeting.
• For the discussion of minutes lawfully closed under this Act, whether for the 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 Werderich; seconded by Alderman Plocher.
Motion approved by a roll call vote. Ayes -7 Nays -1
Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye,
Golinski -aye, Gilson -aye, Munns -aye, Plocher -nay
The City Council entered the Executive Session at 9:29 p.m.
The City Council returned to regular session at 10:16 p.m.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Mums; seconded by
Alderman Sutcliff.
Adjournment of the meetings was unanim ously approved by a viva voce vote.
The Minutes of the Rezular Meeting of the Citv Council — July 14. 2009 — uan 9
Meeting adjourned at 10:16 P.M.
Minutes submitted by:
I
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
REGULAR CITY COUNCIL MEETING
JULY 14 2009
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KENDALL COUNTY JAIL ASSESSMENT
April 2009
General Description:
This assessment provides a general description of the subject building's appearance,
including architectural style and features, and presents statements of the building's
exterior condition. It is not meant to provide an assessment of market value, nor does the
scope of this assessment include its interiors, mechanical system, electrical system,
plumbing, Life Safety Code compliance, accessibility, or hazardous material survey. The
purpose of this assessment is to identify exterior features that require repair or
replacement in order to prevent further damage. This broad assessment of the exterior
was based on a brief visit lasting approximately three hours which allowed the reviewer
to record and document the building's exterior features, and to observe any damage
inside that would be affected by either structural problems, or building envelope failure.
The method of observation on the exterior did not involve destructive procedures. Minor
destruction involving ceiling tile removal and plaster removal to an already damaged
ceiling and wall area inside the building was necessary to confirm the source of water
damage.
The entire complex as it stands appears to be comprised of one original two -story brick
building and three additions — two of which were executed in a manner devoid of historic
sensitivity (photo 1). It is assumed that for this assessment, the focus will be exclusive to
the original building. A proper restoration should include the demolition of any
construction that detracts from the original historic building: namely the two most recent
additions to the west of the original building. A small alteration to the original building
was made at the main entrance in the form of a small enclosed porch. It was constructed
by an inmate, and done in a manner somewhat more complementary to the original
structure, but it makes use of wider, shorter, windows, and horizontal clapboard siding
that draws attention to its appearance apart from the original style. Moreover, the
additions' roof joins the original building just under a limestone sill, giving the
composition a more unbalanced appearance (photos 2 and 3). As a matter of
maintenance, the roof should be at least twelve inches from the bottom of the sill. This
assessment recommends removal of this small addition too.
The original two -story masonry building has elements that would classify it as a
Victorian, Queen Anne styled structure. Appearing as house on the south elevation, the
jail is organized spatially through a cross- gabled form with an attic and a steeply pitched
roof. Other distinctive historic features include patterned masonry on all elevations and
gabled attics on all four elevations punctuated by patterned masonry chimneys on center
of the gables. The gables are clad in scallop pattern wood shingles with ornamental
facing at the peak above the window heads. Windows are tall and narrow with half circle
combination soldier and row -lock masonry arches for the first floor windows (photo 4),
and `eyebrow' combination soldier and row -lock masonry arches on the second floor.
The first floor has a patterned brick frieze composed of alternating soldiers framed by a
continuous course of stretchers above and below the soldier course.
I I
I
The top of the frieze is aligned with top of the window head and the base of the half -
moon arches. The second floor has an identical patterned frieze aligned with the
`eyebrow' arches. A more pronounced metal frieze sits as a base of the attic story. It is
scrolled and has scrolled metal dentils spaced along the frieze's entablature.
Condition Assessment: South Elevation.
Limestone Foundation. The stone is in very good condition. It appears stable, with
no visible signs of failure. Mortar joints appear to be repaired, but not properly.
Joints should be raked thoroughly of any loose mortar, and filled. Care must be 1
taken to specify a mortar that is strong, but with a lower strength than the
limestone. Too strong of a mortar will cause spalling and possibly, cracking of the
stone at weak points.
Exterior Brick Work. Exterior walls appear to be stable, with no signs of failure or
displacement. There is minor separation under the window sills. There are signs
of past tuck- pointing work done with an incompatible mortar composition. The
face brick appears varied in tint, but that is a result of tuck- pointing, not repair or
replacement.
Brick Frieze. The brick is in good condition, in need of joint work at the second
story. Overall, the brick shows no sign of spalling; cracking or being loose.
Openings. All arched heads are in very good condition. All sills appear to be solid
and in very good condition. Arches have been pointed with incompatible mortar
and not raked properly. The second floor arches have some gaps.
Windows. All windows are wood framed, and have been protected with aluminum
storm windows. Although the frames are weathered, there doesn't appear to be
any sign of dry rot. Sashes are double -hung, single - paned, and are also intact. All
caulk is in poor condition, and must be removed and replaced with care. The two
smaller double -hung windows at the attic are in simple wood frames. This
observation did not allow a close inspection of the attic window frames or sills. -
Wood is heavily weathered, but not rotted.
Metal Frieze. The frieze functions as the building's gutter. The entire frieze is in
dire need of refinishing.
Attic Cladding. The scalloped shingles are weathered and broken in some places.
There appears to be some exposed areas of lath where water is easily able to
penetrate the exterior and cause interior damage. The ornament on each side of
the chimney appears loose and weathered. Based on an interior observation on the
second floor, the damaged attic cladding is causing water to enter the building.
Water damage was evident along the wall in the ceiling. A closer observation
revealed that water was dripping down the inside face of the masonry. Since there
are no weeps to let moisture out of the wall, the moisture gets trapped.
During cold weather, the trapped moisture could freeze causing displacement of
the masonry in the worst case scenario.
Masonry Chimney. The chimney is missing brickwork above the roof line. This is
consistent for each chimney on all elevations. (The west chimney top has been
altered for sealing out moisture.) A very safe assumption would be that all roof
penetrations have failed and require repair as soon as possible.
Condition Assessment: East Elevation. (photo 5)
Brick Frieze. There appears to be some efflorescence at the second story. Joint
work is needed at the south end of the second story frieze, south of the window
opening.
Exterior Brick Work. On the north wing, the south edge brick work indicates an
opening was removed and filled in. The mortar color matches the color of the
mortar use in the tuck- pointing work. There are numerous signs of incompatible
tuck -point work, and signs of alterations of certain openings. The north side of the
facade requires some joint work. This assessment recommends repairing the
altered opening to' its original design.
I
Openings. Style, condition, function and materials are similar to the South facade.
The east elevation features a twin double -hung with a center wood pilaster. As
mentioned earlier, all wood trim requires priming, and painting with compatible
caulking at the rough opening joints. Basement windows are wood framed, appear
original. Windows are recessed in the stone foundation and are not protected. The
north wing of the jail has a basement door in very poor condition, and needs
replacement immediately (photo 6).
Condition Assessment: North Elevation.
This part of the building is the least articulate, and in no need of repairs (photo 7).
Condition Assessment: West Elevation. (photos 8 and 9)
This part of the building has been violated by the additions. It appears from
interior observations that the exterior work including window openings were not
altered to accommodate the additions. This is good news for when the time comes
to restore the original building. A window on second floor near the kitchen
remains unaltered with the original head and sill intact. It is likely that that the
removal of the additions will reveal either damage to the face brick by fastener
holes, or by removal of section to accommodate the addition. Masonry taken from
the east side of the building's blocked opening can be used to replace damaged
brick on the west side.
Recommendations (not in order ofpriority):
1 Remove additions.
2 Repair roof penetrations.
3 Repair attic cladding at gables
4 Repair masonry chimneys.
5 Prime and paint exposed wood
b Seal joints between wood and masonry
7 Set and point loose masonry
8 Rake and repoint foundation stone work
9 Replace door on east side to basement.
10 Repair damaged face brick on west side.
11 Restore opening on east side
12 Refinish metal frieze and dentils
Photo 1
s
Photo 2: East elevation with lean -to Photo 3: Close up view of entrance
addition. addition.
i
Photo 4: Detail of Firsts floor
window — south elevation.
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Photo 5: View of the Kendall County Jail House from the southeast.
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Photo 6: East basement door. Photo 7: Noi ele- vation
Photos 8 and 9: Views of the west elevation.
Submitted By:
Paul G. Vecchiet, AIA NCARB LEED AP
majohnsonl950
EXHIBIT A
Daniala Property
Subject Property
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Ken all County
111 Fox Street
Yorkville, IL 60560
Search Home County Home
rTax Year Range Parcel Number R. b- — Tax Status
Year 2008 - 2008 Parcel 0538278001 0538279999 Active Parcels
- a Retired Parcels
❑ Taxable Parcels
�' Exempt Parcels
Search Reset I_i State Assessed Parcels
Name Info lYear /Parcel Owner Name Owner /Malting Address
Site Address 12008 05- 38.278 -001 UNITED CITY OF THE VILLAGE OF YORKVILLE BOO GAME FARM ROAD, YORKVILLE, IL 60560 {
Prop Class/TWP 12008 05 -38- 278 -002 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD, YORKVILLE, It 60560
12008 OS -38- 278 -004 YORKVILLE BRISTOL SAN DISTRICT 304 RIVER STREET, YORKVILLE, It 60560
Taxing Bodies 12008 OS -38- 278 -005 DANIEL J JIRUS III 13340 HALE STREET , PLANO, IL 60545 j
Exemptions 12008 05 -38- 278 -007 UNITED CITY OF YORKVILLE 900 GAME FARM ROAD, YORKVILLE, IL 60560
12008 05- 38- 278 -008 BRIDGE STREET PLAZA INC 100 BRIDGE STREET PLAZA, YORKVILLE. IL 60560
Prop Chars 120OF 05 -38- 278 -009 DANIEL J JIRUS III 13340 HALE STREET , PLANO, IL 60545
Legal Desc 12008 05- 38- 278010 RICHARD D II & TERESA L GROESCH 8433 HIGHPOINT ROAD WEST, YORKVILLE, It 60560
Search Results 2008 05-38- 278 -011 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD, YORKVILLE, IL 60560
12008 05 -38- 278 -012 UNITED CITY OF THE VILLAGE OF YORKVILLE 00 GAME FARM ROAD, YORKVILLE, It 60560 I
12008 05 -38- 279 -001 BRIDGE STREET PLAZA INC 00 BRIDGE STREET , YORKVILLE, IL 60560
� I
12008 05 -38. 279.002 IFULL HOUSE VENTURES LLC J
X21 TOMAHAWK TRAIL. OSWEGO, It 60543
2008 05 -38- 279 -003 ABRIDGE STREET PLAZA INC 100 BRIDGE STREET , YORKVILLE, It 60560
12008 05 -38- 279.004 ABRIDGE STREET PLAZA INC 1100 BRIDGE STREET , YORKVILLE, IL 60560 j
2008 05 -38- 279.005 ABRIDGE STREET PLAZA INC 1100 BRIDGE STREET , YORKVILLE, IL 60560
Name Info 1Year /Parcel Owner Name Owner /Malling Address
She Address 12008 05 -38- 279 -006 BRIDGE STREET PLAZA INC 100 BRIDGE STREET , YORKVILLE, IL 60560
Prop Class/TWP 12008 05 -38 -279 -007 BRIDGE STREET PLAZA II LLC 100 BRIDGE STREET , YORKVILLE, IL 60560
1 PATRICK K & FRITZI BEARDSLEY 109 BRIDGE STREET SOUTH B6, YORKVILLE, IL 60560
Taxing Bodies 12008 05 -38- 279 -008 BRIDGE STREET PLAZA 11 LLC 100 BRIDGE STREET , YORKVILLE, IL 60560
Exemptions I PATRICK K & FRIT21 BEARDSLEY 109 BRIDGE STREET SOUTH B6, YORKVILLE, IL 60560
Prop Chars I < First < Previous i Page 2 of t Next > Last >> I
Legal Desc
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1 of 1 7/14/2009 6:22 AM
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Kendall County
111 Fox Street
Yorkville, IL 60560
THIS IS FOR INFORMATIONAL PURPOSES ONLY - THIS IS NOT A TAX BILL!
- PARCEL DETAIL -
Parcel 05-38-279-007 Site Address:
Number: 107 BRIDGE ST
Tax Year: 2008 YORKVILLE, IL 60560
Township: Kendall Township Legal Description:
Tax Code: KE022 Previous: KE003 LT 1 (EXC W 56.50F S 23) & S 1/2 LT 2 BLK 7 BLACKS
Tax Status: Taxable ADDN TO VILLAGE OF YORKVILLE, CITY OF YORKVILLE.
Property Class: 0060 - IMPROVED Previous: 0060
COMMERCIAL
Land Use:
Created:
- ASSESSMENTS - - EXEMPTIONS -
DOR Equalized 83,145
Department of Revenue 83,145
Board of Review Equalized 83,145
Board of Review 83,145
S of A Equalized 83,145
Supervisor of Assessments 83,145
Township Assessor 83,145
Prior Year Equalized 81,836
- NAMES - - SALES -
BRIDGE STREET PLAZA II LLC OWNER 5/1/2008 $302,000.00
5/1/1997 $130,000.00
11/1/1986 $101,000.00
- TAX RATES - - PAYMENTS -
District Rate Extension First Second Totals
COUNTY 0.572400 $403.15 Tax BiNed: $2,964.16 $2,964.16 $5,928.32
BRISTOL - KENDALL FPD 0.589600 $415.26 Penalty Billed: $0.00 $0.00 $0.00
FOREST PRESERVE 0.096600 $68.04 Cost Billed: $0.00 $0.00 $0.00
IR COLLEGE #516 0.399000 $281.02 Drainage Billed: $0.00 $0.00 $0.00
YORKVILLE LIBRARY 0.209900 $147.83 Total Billed: $2,964.16 $2,964.16 $5,928.32
YORKVILLE /BRISTOL SD 0.000000 $0.00 Amount Paid: $2,964.16 $0.00 $2,964.16
YORKVILLE DOWNTOWN 0.000000 $906.52 Total Unpaid: $0.00 $2,964.16 $2,964.16
KENDALL TOWNSHIP 0.068700 $48.39 Date Due: 07/01/2009 09/01/2009
KENDALL ROAD DISTRICT 0.174900 $123.18 Date Paid: 6/9/2009
SCHOOL DIST CU -115 4.592300 $3,234.40 Paid By: BRIDGE STREET PLAZA II LLC,
CITY OF YORKVILLE 0.426700 $300.53
Total 7.1301 $5928.32
- TAX SALES - - NOTES -
Status: Redeemed THIS SALE ALSO INCLUDES 05 -38- 279 -008 BUT
Sold To: BYDSOM INC 05 -38- 279 -007 WAS USED AS A GOOD SALE DOC#
Year Sold: 2006 97005371 AC /SA BLDING PERMIT /REMODELING /02 -27 -01
Sub Sales: BLDG PERMIT ISSUED.SIGN ** 02/21/2002
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The Importance of Good Standing
Good standing sou nds important. It conveys the sense of ethical and upright activities. It is a place from whichyou want (or should want) to operate. When it twangs to
corporations, LLC. and LPs good standing is a legal requirement. And the conseauences of not beine In good standing, while unforlunateh whaooreC by
ated
most. can be devastating.
Almost every stale requires each corporation, LLC and LP formed there or qualified to do business there to file an an nual report7he purpose of these periodic
filings is two -fold. First, it allows the state to collect their annual fee from the entity for the upcoming year. And make no mistake, these filing fees add up and are a very
important and stable source ofstate revenue. Second, the reports confirm whetherthe entity is still active in the state.
The entity that fails to file its annual repo (and also does not pay its tees to the state) can lose its good standing statusWhat does this mean? A case helps explain the
consequences.
Matt and Scott owned an auto repair shop. They were both busy and although they had formed a corporation for limited liability purposes they had failed to attend to the
follow up paperwork. While the corporation had been formed in 2006, they had not filed any later reports or paid the fees for 2009 and on. As such, they were not in
good standing.Two events drove home the importance of maintaining a good standing.
Matt had signed a very favorable contract with a supplier on behalf of the corporation in the winter of 2009. The supplier soon realized they could not make any money
on the contract and asked their attorney to look into how to get out of the deal. Their attorney first went to the Secretary of State's webaite to see if the corporation was
in good standing and thus had the capacity to enter into the contract.
It was very easy for the supplier to vold the contract. The corporation, by not being in good standing, was lerally unable to sknn
the co ntract. state inw was very clear on the matter. If you were not current you couldn't act as a corporation. As well, in many slates you cannot
brine or defend a lawsuit ifvou're not current. Malt had no leverage against the sunlier and lost the contract.
An even more serious consequence arose overa job Matt had performed. A brake job went horribly wrong resulting in significant lq*cs and damages. The attorney
retained to bring an action for recovery against the corporation was quite pleased to loam the entity was not in good standing when the brakes were repaired.
When Scott learned of this he immediately attempted to bring the company current to avoid the personal liability. But it was too late. He had done the work when the
corporation was not in good standing. The die was cast. This meant that Scott could be sued personally for the damages. By acting for a corporation not in good standing
Scott was not protected by the entity and thus personally liable.
Scott and Matt teamed the hard way the importance of keeping your corporation, LLC or LP current and in ood standin .It is very to see ifsomeonals entity is
good standing ornot. Competitors, attorneys and even the curious can check the state's online database for this informati n.Don't be�next victim of an 'innocent or in
unintentional failure to follow this imnnrtant comorate formality. Make sure you are in sand standing at all times an that the limited liabilitv entitv you set un cnntimlea
Page 2 of 2
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