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City Council Minutes 2009 07-28-09 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 28,2009 Mayor Burd called the meeting to order at 7:00 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 II Golinski Present Plocher Present Ward IlI 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,Police Lieutenant Schwartzkopf, Community Development Director Miller, City Engineer Wywrot and Superintendent of Recreation Swithin. 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. i AMENDMENTS TO THE AGENDA Mayor Burd requested that Item l.a. Traffic Enforcement Agreements for Private Property-Equilon Enterprises LLC (Shell/Circle K Station)under the Public Safety Committee Report be removed from the agenda as no signed agreement was received from the Shell station. Amendment approved unanimously by a viva voce vote. Administrator McLaughlin noted that two corrections were made to Consent Agenda Item 48 -Resolution Recognizing Water Consumption for Burst Pipes. Mayor Burd asked if the item could stay on the consent agenda and Attorney Orr stated it could stay on as long as no one objects. Alderman Spears questioned the changes. Administrator McLaughlin explained that per the request of the Public Works Committee,the wording was changed in the second paragraph starting with"whereas"to read"occasional water pipe bursts"and the wording"burst pipes"was added to the second to last sentence on page one. Changes approved unanimously by a viva,voce vote. Alderman Gilson requested that Item 47 of the consent agenda-Water Meter Pricing be removed and placed on the regular agenda under the Public Works Committee Report. Amendment approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m.,August 18, 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 24,2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., August 27, 2009 City Hall Conference Room The Minutes of the Regular Meeting of the City Council—July 28 2009—page 2 PRESENTATIONS Presentation to Food Pantry Mayor Burd presented Maria Spaeth from the Kendall County Food Pantry with a check for$141.00. The donation was the result of coins collected at City Hall for the Pennies from Heaven Fundraising Campaign. Ms. Spaeth explained that for every dollar collected,they can spend$6.00 on food. She thanked the city for the donation. Mayor Burd stated that the city will continue to collect change in the rain barrel in the foyer until October. Relay for Life Mayor Burd also recognized city employee Joe Moore for his participation in the Relay for Life and for collecting donations for the event. She turned the floor over to Director Mika who explained that she asked staff if anyone wanted to help collect donations. Mr. Moore stepped up and not only collected donations but participated in the event. Mr. Moore explained that he believes that if a person does good it comes back twice to them. He stated that he received a hug from a little girl at the event who was suffering from cancer and that was the greatest thanks he could get. PUBLIC HEARINGS None. CITIZEN COMMENTS Joe Besco explained that while he was an alderman he expressed his concern with the elimination of the Committee of the Whole meetings. He stated he was disturbed by what he read in the newspaper about Mayor Burd silencing his alderman at a meeting. If aldermen are not going to be allowed to speak on a subject at the City Council meeting,it should be sent back to committee. Mark Johnson distributed a handout(see attached). He stated he received his city newsletter and on the front page Mayor Burd explains the"ABC's"of real estate taxes. He stated that he is treated as an"out- of-towner"and has been told by former Alderman Allen that he is a non-resident however he has spent seventeen years in Kendall County,just yards away from the Yorkville City Hall. He noted he went to the city website to look at tonight's agenda and found the information on real estate bills. He commented that there was enough information presented for him to look up who the tax bill belonged to. He also asked the City Council to consider other residents who pay taxes. He noted that a special census worker for the city stopped by his home even though it is not in city limits so he felt the special census number may not be accurate. He then went over exhibit 2 that he distributed and questioned some of the fees and explained which ones he pays. He stated that when he complains about things it is because he contributes to city revenue however he can't vote or use the library without paying for his library card. Also he felt there is a prejudice against county residents and it should end. Bob Allen responded to Mr. Johnson's complaint. He stated that the city can correct the special census in the future. He felt that if people want to pay city real estate taxes they should be welcomed into the city. He then commented on an article in the city newsletter about the issues in Windett Ridge. He felt the article singled out residents of Windett Ridge and he apologized for this since everyone has been working on the issues. Tom Gilmour commented to Mr.Allen's statements. He noted that county residents pay taxes,use city roads, shop in Yorkville stores, etc. He stated that he tried to reserve his comments to those subjects that impact him as a neighbor to the city. CONSENT AGENDA 1. Water Department Report for March 2009(PW 2009-53) 2. Water Department Report for April 2009 (PW 2009-54) 3. Water Department Report for May 2009 (PW 2009-64) 4. Water Department Report for June 2009 (PW 2009-65) 5. Resolution 2009-34 - IDOT Highway Permit and Resolution for Cannonball Trails - authorize Mayor and City Clerk to execute (PW 2009-66) 6. Resolution 2009-35 -IDOT High-way Permit and Resolution for Rush-Copley -authorize Mayor and City Clerk to execute (PW 2009-67) 7. Resolution. 2009-36 - Recognizing Water Consumption for Burst Pipes - authorize Mayor and City Clerk to execute(PW 2009-70) 8. Prairie Pointe Encroachment Agreement-authorize Mayor and City Clerk to execute (PW 2009- 71) 9. Fox Hill Unit 7—Letter of Credit -authorize City Clerk to call Old Second Bank Letter of Credit No. 2942 in an amount not to exceed$41,443.05(PW 2009-60) Mayor Burd entertained a motion to approve the Consent Agenda amended. So moved by Alderman Munns; seconded by Alderman Gohnski. The Minutes of the Reeular Meeting of the City Council—July 28,2009—nape 3 Administrator McLaughlin stated that he had placed a memo on the City Council's desks regarding the last item on the agenda,Fox Hill Unit 7—Letter of Credit.The developer of the subdivision, Paul Dresden has requested that the Letter of Credit not be called. Administrator McLaughlin recommended that this item be tabled for two weeks. Mayor Burd stated that this could not be considered at this time; the item should have been pulled off the consent agenda. Motion approved by a roll call vote. Ayes-5 Nays-4 Golinski-aye,Werderich-nay,Plocher-nay, Spears-nay, Munns-aye, Sutcliff-aye, Gilson-nay, Teeling-aye,Burd-aye PLAN COMMISSIONMONING BOARD OF APPEAL Director Miller reported that there will be a meeting of the Kendall County Planning Consortium on July 30, 2009 at 7:00 p.m. at the library and Chicago Metropolitan Agency on Planning(CMAP)will be making a presentation. The next Zoning Board of Appeals meeting will be August 5, 2009 at 7:00 p.m. and the next Plan Commission meeting will be August 12, 2009 at 7:00 p.m. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of June 9, 2009 and June 23, 2009; seconded by Alderman Plocher. Alderman Golinski clarified that his comments made under Additional Business on the June 9, 2009 minutes were made in jest Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutchff 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$1,058,154.78 (vendors); $260,097.18 (payroll period ending 7/18/09);for a total of$1,318,251.96;seconded by Alderman Munns. Alderman Spears noted that Alderman Sutcliff read the wrong figure for payroll. Alderman Sutcliff restated the motion with the correct amounts. Alderman Gilson commented that he reads the bill list line by line and unfortunately he was unable to get his packet until last night. He asked if he was able to ask questions because of this. Mayor Burd stated he could ask any questions he wants but staff may not be able to respond. Alderman Gilson questioned the following: • Page 13 —Jay M.Heap&Associates—in the amount of$1,350.00 for legal services. He asked what they reviewed. Administrator McLaughlin stated he would provide an explanation in his weeklv notes. • Page 26—Veolia Solid Waste Midwest—in the amount of$500.00 for garbage surcharge. He asked if this was part of the garbage contract or additional. Administrator McLaughlin stated he would provide a response from staff. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-2 Munns-aye, Plocher-aye, Spears-present, Sutcliff-aye, Werderich-aye, Teeling-aye, Golinski-aye, Gilson-present REPORTS MAYOR'S REPORT Bristol Bay Mowing Proposal (CC 2009-65) Mayor Burd asked Mr. Olson to address this. Mr. Olson explained that the city had an agreement for Centex to mow the Bristol Bay Park. Centex was going to contract the service out however it was determined that the city could mow the park for less. The city agreed to waive Centex's mowing requirements in exchange for the cash Centex would have paid to contractors however the city does not have the equipment to mow the area efficiently. The cash from Centex could be used to purchase the equipment that can be used at this location as well as other in the city. Mayor Burd entertained a motion to approve the Bristol Bay Mowing Proposal as presented. So moved by Alderman Werderich; seconded by Alderman Munns. The Minutes of the Regular Meeting of the City Council—July 28 2009—Page 4 Alderman Gilson asked how the purchase price of the mower was determined and if it was the same price as a year ago. Mr. Olson explained he spoke with the vender several weeks ago to verify the price and it is still the same. Alderman Gilson asked if inflation for mowing was taken into account. Mr. Olson said it was. He explained that the city began mowing in May 2009 without having the agreement with Centex. Now Centex is paying back what they owe the city based on what it would have cost them to hire a contractor. Alderman Gilson asked how this amount was determined. Mr. Olson explained that Centex was responsible to mow this year however it was easier for the city to mow. If the agreement is approved, the funds will cover the cost of past mowing. Superintendent of Parks Scott Sleezer made the calculations of staff time and equipment and presented it to Mr. Olson. Alderman Gilson questioned mowing the Centex property while the city can't handle the mowing caused by the new mowing ordinance. Alderman Gilson stated he felt that the city was taking on more responsibility while it can't stay on top of things. Alderman Golinski questioned if the funds from Centex could be used for park improvements. Mr. Olson explained that per the Annexation Agreement the developer is to give$50,000.00 for each park in the development which goes into Land Cash. Alderman Golinski questioned the dirt for the park by the Fire Department and Mr. Olson stated he did not believe the final plat had been recorded and this will be addressed when it is. Alderman Spears stated she shared Alderman Gilson's concerns. She felt that this arrangement has already been agreed upon Alderman Gilson asked if there was already a verbal agreement to mow. Mr. Olson stated that staff sat down and put together the numbers. He felt it was a safe concept to get funds for parks so he went ahead and approved the mowing. Alderman Gilson asked if there would be legal problems if the agreement is not approved; could Centex sue because the city mowed. Attorney Orr stated they could not sue because staff does not have the authority to obligate the city. She felt it would be foolish to not to approve the agreement because in the event it is not approved the city would have to try and collect for services rendered. Alderman Spears asked if funds were going to Land Cash and then being allocated to a capital expense. Mr. Olson explained that this is the largest park in the city and the city does not have the equipment to maintain it well. A new mower will allow staff to maintain the property better. Alderman Spears asked why weeds on vacant lots are not being mowed. Director Dhuse explained that the city only has one tractor that is able to mow large lots. The Parks Department equipment is not heavy enough to handle this type of mowing. 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 Resolution 2009-37 Approving a Revised Naming of Parks Policy (CC 2009-66) Mayor Burd entertained a motion to approve a resolution approving a revised Naming of Parks Policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Werderich. Alderman Gilson asked if this was brought forward because former Alderman Allen brought a name forward without the Park Board's recommendation. Mayor Burd advised Alderman Gilson he was out of order by making a personal attack against Mr.Allen. Alderman Golinski noted that the Park Board put a lot of effort into the revision due to the holes in the previous version. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye,Plocher-aye,Werderich-aye, - Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye Authorization for Part-Time Employees to Work Beyond 1000 Hours (CC 2009-62) Mayor Burd entertained a motion to approve part-time employees Beth Stricker,Kirsten Walker, Rob Bieritz,Amanda McGee,Kim Golden,Dan Felton and Kathleen Auw to work over 1000 hours annually per employee manual section 1.4.4 and to authorize enrollment in DvIRF. So moved by Alderman Werderich; seconded by Alderman Golinski. Mayor Burd noted that this has been before the City Council but was sent back to the Park Board to be reviewed. The Minutes of the Reeular Meetinz of the City Council—July 14,2009—na2e 5 Mr. Olson explained that when the Park Board discussed this,the list grew from three employees to seven. He listed where the cuts will come from to address this expense(Operating Budget,Rec Center, etc.) Alderman Golinski added that there was adequate discussion by the Park Board. Eight members agreed to vest the employees in MW but can part-time employees get vested? He also asked if an employee leaves the city before they are vested does the money contributed stay in the pool. Director Mika stated she was unsure on full-time versus part-time vesting but would get more information on this. She explained that when an employee leaves they have the option to get their contribution reimbursed however the city's contribution stays in the pool. Alderman Werderich noted that these are valuable employees but he cautioned that staff needs to keep an eye on this situation. Alderman Spears asked if it has been evaluated if it would be less costly to hire another part-time employee for the desk. Mr.Olson stated that this was researched but staff felt that the department is adequately manned without adding employees. Alderman Spears requested information on what a new part-time employee would cost versus enrollment of current part-time employees in IMU. She felt that this would be a cost savings to the city. Mayor Burd stated that she also questioned hiring someone to man the desk. She asked Mr. Olson to share the explanation he gave her with the City Council. Mr. Olson explained that part-time employees run the entire facility from 4:30 a.m.to 9:00 p.m. and the facility is usually manned by only two part-time employees at a time. Staff is kept to a minimum and the employees do more than serve at the desk;they register people, clean,maintain equipment, etc. Mayor Burd stated a new employee would have to be trained while those who have been there awhile understand the operation. Alderman Munns asked if the$8,000.00 covered increased benefits. Mr. Olson stated that no additional wages or benefits will be given;the city will just kick in for RvIRF. Alderman Munns suggested that in the future a cost analysis be provided comparing hiring another employee versus IMRF contributions. Alderman Gilson asked for detailed amounts for the cuts in the operating budget of the Rec Center. Mr. Olson explained that program expenses are being used for supplies. There is a$60,000.00 line item for all classes. He will identify specific classes and not purchase the items needed for the class. Alderman Gilson questioned the cutting of employee's salaries and Mr. Olson stated that employee's hours will be cut. Alderman Gilson pointed out that the Rec Center is operating in the red. He understood that Mr. Olson wants to break even however he did not feel this was good enough. He felt that the city was pumping money into something that is failing and he did not feel this was fair to the taxpayers. Mayor Burd noted that the City Council was addressing the employees getting IMRF not the Rec Center. Alderman Spears stated that funds being set aside for E\4RF cannot be touched. If an employee stays with the city they get the money. She noted that corporate America is hiring part-time employees so they don't have to pay benefits and she felt the city should follow suit. She reiterated that she felt hiring an additional part-time employee would be a better way to address this. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-nay,Plocher-aye,Werderich-aye,Golinski-aye, Teeling-aye,Gilson-nay, Sutcliff-aye,Munns-aye Budget Update (CC 2009-67) Mayor Burd distributed budget update information(see attached). She explained that the city's accounting is different from a person's personal accounting. She asked Director Mika to explain a few budget items such as property insurance, liabilities and employee benefits. Mayor Burd noted that funds from Hoover cannot be used to balance the budget because they are designated for Land Cash. She stated that the report was a review of where the city ended last year and whatiwas cut. She asked the City Council to read the report and direct any questions to her or Director Mika. Alderman Spears noted that the memo was dated July 21,2009 and questioned why it was not in the packet for City Council review. She stated she would liked to see this come back before the City Council in two weeks for further discussion. Mayor Burd explained that the memo was meant as a FYI to the City Council and she would have it put on the next City Council agenda. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT The Minutes of the Regular Meeting of the City Council—July 28, 2009—Page 6 Attorney Orr reported at the City Council's direction she prepared a settlement agreement for Apex Developers. The agreement addresses fees pointed out by staff,an easement being granted to Kendall County in exchange for the developer extending water and sewer to the counties property at the developer's expense and recapture and tap on fees. The developer will reimburse the city for legal fees in excess of$2,000.00 and the city will agree to rezone the property as a PUD. Resolution 2009-38 Approving a Settlement Agreement Between the United City of Yorkville and DTD Investments,LLC and Apex Developers,LLC (CC 2009-68) Mayor Burd entertained a motion to approve a resolution approving a Settlement Agreement between the United City of Yorkville and DTD Investments,LLC and Apex Developers,LLC as presented and authorize the Mayor and City Clerk to execute all documents. So moved by Alderman Golinski; seconded by Alderman Munns. Alderman Spears referred to page 2 of the resolution; "Village Administrator"should be"City Administrator". She also felt that the settlement agreement wording was inconsistent;using"owner" versus "owner/developer". She noted several other typographical errors in the agreement. She requested that the wording be cleaned up and Attorney Orr indicated she would make the corrections. Alderman Werderich stated that as discussed in executive session,he felt as an attorney that the city is on sound legal footing if they refuse to enter into this agreement and that a dangerous precedent is being set. Alderman Gilson asked that the fourth"whereas"statement on page two of the agreement be struck from the document as not all the City Council deemed it to be in the best interest to enter into a settlement. He read a statement(see attached)regarding the settlement of the lawsuit. Motion approved by a roll call vote. Ayes-5 Nays-4 Plocher-nay,Werderich-nay,Golinski-aye,Teeling-aye, Gilson-nay, Sutcliff-aye,Munns-aye, Spears-nay,Burd-aye Ordinance 2009-37 Rezoning the Fountainview Subdivision from B-3 Service Business District to Planned Unit Development(PUD) (CC 2009-69) Mayor Burd entertained a motion to approve an ordinance Rezoning the Fountainview Subdivision from B-3 Service Business District to Planned Unit Development(PUD)as presented and authorize the Mayor and City Clerk to execute all documents. So moved by Alderman Mums; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-5 Nays-4 Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye, Munns-aye, Spears nay, Plocher-nay,Werderich-nay, Burd-aye CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported on the following: • Staff is working on the paving on Somonauk before school begins. The main project is still one to two years out. • Castle Bank has honored the Letter of Credit for Kendallwood Estates.Work will begin on the road in an effort to stop erosion. • There was a meeting with the Bank of America.regarding Graiide Reserve. There will be another meeting to work out the water works reimbursement. Mayor Burd added that the concerns of the Windett Ridge residents were also expressed during the meetings. FINANCE DIRECTOR'S REPORT Director Mika reported that new signature cards were needed due to the Library Board adding employees to accounts. DIRECTOR OF PUBLIC WORKS REPORT No report. The Minutes of the Regular Meeting of the City Council—July 28,2009—page 7 CHIEF OF POLICE'S REPORT Chief Martin reported that National Night Out will be held on August 4,2009 at the Town Square Park from 6:00 to 8:00 P.M. Parkview Academv will also be holding a"Midsummer Night Run"at 7:30 p.m. that night. Anyone interested in participating should contact Parkview Academy. DIRECTOR OF PARKS&RECREATION'S REPORT Interim Park&Recreation Director Olson reported on the following: • - The city newsletter and Park&Recreation Department catalog were delivered to resident's doors by staff which has cut the cost of the publications in half. If someone did not receive them, please contact him. • He thanked the Park&Recreation Department staff and everyone else who helped at the last Music Under the Stars. It was the best attended event vet. • The rained out Movie Under the Stars event has been rescheduled to August 4.2009 in conjunction with National Night Out_ • Hometown Days is five weeks away and he is looking for volunteers. Anyone interested should contact him. Sponsors are also needed for the bands and fireworks. There will be a 5K run and car show that weekend and early registration,at a lower cost,is currently being taken. Alderman Golinski questioned if the newsletter was placed on resident's doorknobs and Mr. Olson indicated that they should have been. Alderman Golinski noted that they were on the driveways in his neighborhood. Mr. Olson stated he would address this with staff. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that he represented the city at a conference of the Illinois Society of Professional Engineers. He spoke on a panel,along with representatives from Oswego and Chicago, on sustainable design,LEEDS,landscape ordinances, etc. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY&LIAISON REPORT KenCom Alderman Spears reported that she attended the KenCom meeting last week. Issues discussed were a new facility,upgrading equipment, etc. She reported that$2 million is in the General Fund from the public safety tax and the thought is that the tax could pay for a new facility. She invited the City Council to two presentations on the Public Safety Study. One will be at the Kendall County Board's next meeting on July 30, 2009 at 4:00 p.m. and then another at Oswego's next meeting on August 4, 2009 at 7:00 p.m. There is also a CD with the results of the study which Chief Martin has distributed to the City Council members. REPORTS PUBLIC WORKS COMMITTEE REPORT Water Meter Pricing (PW 2009-68) A motion was made by Alderman Plocher to approve the Water Meter Pricing as presented; seconded by Alderman Spears. Alderman Gilson stated he had asked Director Dhuse about the maintenance and accuracy of the new meters but hadn't received an answer yet. Director Dhuse stated that he was still getting the answers to Alderman Gilson's questions. Alderman Plocher asked Director Dhuse if this matter was time sensitive and he stated it was not. A motion was made by Alderman Plocher to table the Water Meter Pricing until the next City Council meeting; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-1 Sutcliff--aye, Munns-nay, Spears-aye,Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye,Gilson-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—July 28,2009—page 8 PUBLIC SAFETY COMMITTEE REPORT Traffic Enforcement Agreements for Private Property (PS 2009-17) Alderman Werderich reported that the Traffic Enforcement Agreement for Private Property-Equilon Enterprises LLC (Shell/Circle K Station)will be brought back to the Public Safety Committee. Equilon Enterprises LLC (Shell/Circle K Station) Edith I Hughes Property A motion was made by Alderman Werderich to approve an agreement between the United City of Yorkville and Edith J.Hughes and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. i Alderman Teeling questioned a natation in Director Miller's July 16, 2009 memo stating that the owner would be required to replace the existing signs. She stated that currently there are no signs. Director Miller admitted his memo was confusing and explained that the agreement addresses signs and the property owner is responsible for any signs they install. If the owner installs signs then the Police Department will enforce them. Mayor Burd added that the agreement can be executed without any signs being installed. Alderman Gilson commented that if the owners do not post signs then the agreement is not necessary. Director Miller asked for direction; should staff contact the property owners? Mayor Burd stated that the city should help the owners. Alderman Gilson asked if the Hughes would be contacted and the agreement explained to them. He suggested the city coordinate with them to install signs if they want them. Mayor Burd stated that if the agreement is approved,staff will contact the Hughes and explain that if they want to install no parking signs then the city will enforce them. Alderman Golinski stated that the agreement say the PD will enforce any signs.He questioned what if the owner posted"Bears Parking Only"signs. Chief Martin clarified that the police will only enforce state and federal laws. Alderman Sutcliff felt that the agreement was backwards;put the signs up first and then have the agreement. She felt the City Council was approving something that didn't mean anything because there were no signs. Alderman Gilson stated he brought this forward because he has received complaints about parking. He hoped the owners would cooperate. Motion approved by a roll call vote. Ayes-6 Nays-2 Gilson-aye, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-aye,Werderich-aye, Golinski-aye,Teeling-nay ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Yorkville Youth Baseball/Softball Association Alderman Golinski congratulated the Yorkville Youth Baseball/Softball Association on their successful tournament held the past weekend. The Yorkville Bobble Head Tournament brochure included a map with local restaurants and other businesses. The event drew 310 kids and 15 teams to participated and approximately 2000 people ate,bought gas, etc. in Yorkville. Fox Road Alderman Golinski noted that the Fox Road repaving is almost complete and he has received many compliments on the project. WCC Class Alderman Teeling reported that she finished a 6-week class/workshop at Waubonsee Community College. She stated she learned a lot and there was good information presented. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of • 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. The Minutes of the Regular Meeting of the City Council—July 28 2009—nage 9 So moved by Alderman Sutchff, seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff-aye,Werderich-aye,Teeling-aye, Golinski-aye,Gilson-aye, Munns-aye, Plocher-aye The City Council entered the Executive Session at 9:10 p.m. The City Council returned to regular session at 9:45 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinski; seconded by Alderman Plocher. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 9:45 P.M. Minutes submitted by: Q � Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I i REGULAR CITY COUNCIL MEETING JULY 289 2009 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: y Auft W� po� cow A /N i SIGNIN REGULAR CITY COUNCIL MEETING Public Comment JULY 28, 2009 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: J I I SIGNIN I United City of Yorkville,Illinois-Official Site http://www.yorkville.il.us/ Home I I Government Departments I Living in Yorkville Services Forms t Maps �Contact Us � � I i The United City of Yorkville Welcomes You! Yorkville--The City with a River in its Heart! On behalf of the Yorkville cortxnunity,we would like to extend our personal welcome and introduce you to the United City of Yorkville.We Nr 11 �- ^ =i 1',�s i lash! invite you to enjoy our small town charm,top-notch parks,great I; NEW!Drinking Water Report recreational facilities and hometown pride.Whether you visit here on our �� NEW!Glen Palmer Dam �! Web site,or in person,were glad you stopped by! �I Update We're located in the center of Kendall County,the fastest growing county I NEW!Cooling Centers in Illinois with the Fox River centrally located in our downtown area.And, I NEW!Fox Rd.Construction NEW!Property Tax Facts according to recent statistics released in March,2009 by the U.S. l NEW!Report an Internet ; Census Bureau,Kendall County is the fourth fastest growing county in the United States! I Crime f i IEPA MS4'09 Annual Rpt l Upcoming Community Events Stormwater Mgmt'03 II Foreclosure Prevention, Part II 7/14 to 7/29 How Green Really Works PW Clean-up Schedules I Thursday,July 30 Kendall County Consortium Meeting !Veolia Pick-up Schedule Friday,July 31 Yorkville at the Kendall County Fair { Integrated Transportation Plan I �� COY Construction Updates i Tuesday,Aug.4 National Night Out Wednesday,Aug, 12 Invent the Future Workshop Click here to view recent videos of View All Events Submit Your Event Yorkville's City Council meetings. • Upcoming Green Events Container gardening for the fall seminar 2nd annnual Share and Care .. recycling day 17th Annual View All Green Events $ornetown Days Submit Your Green Event Sept 4th-6th What additional items Headlines or services would you I like us to add to our Jul. 17,2009 Beatles,classic rock,and today's hits at Web site? _I Hometown Days Online registration j Jul. ul. 17,2009 HRC seeking Volunteer of the Year services for Parks 1 nominations and Recreation 1 V The ability to sign Jul. 14,2009 Yorkville's Mayor Valerie Burd attends up for an signing of Capital Bill e-newsletter _ Jul. 10,2009 Celebrate United City of Yorkville Day at the Additional business i and commerce I Kendall County Fair _information Jul. 10,2009 Hometown Days Festival offers favorites plus Shop Yorkville Logo Weather updates new carnival ride specials Contest and Details Tourist Information View All Headlines 1 of 2 7/28/2009 2:36 PM lnformai ion for Parcel 05-39-376-009,Tax Year 2007 btip://www.co.kendal l.il.us/UW/61d16a23-5c3b-4503-9710-9208a4... Kendall County 111 Fox Street Yorkville, IL 60660 THIS IS FOR INFORMATIONAL PURPOSES ONLY - THIS IS NOT A TAX BILL! Parcel Number:05-39-376-009 Tax Year:2007 Township:Kendall Township Tax Code:KE003 Tax Status:Taxable Property Class:0040- IMPROVED LOTS Land Use: Created: -ASSESSMENTS- DOR Equalized Department of Revenue Board of Review Equalized Board of Review S of A Equalized Supervisor of Assessments Township Assessor Prior Year Equalized -PARCEL DETAIL- Site Address: 320 ORANGE ST YORKVILLE, IL 60560 Previous:KE003 Legal Description: LOT 2 ORANGE STREET ADD CITY OF YORKVILLE Previous:0040 104,640 Owner Occupied 102,570 102,570 102,570 102,570 102,570 102,570 99,174 - EXEMPTIONS- 5,000 - NAMES- -SALES- DYON, WILLIAM &JUDY OWNER 5/1/1990 $197,000.00 -TAX RATES- - PAYMENTS- Distriict Rate Extension First Second Totals COUNTY 0.559500 $557.49 Tax Billed: $3,490.64 $3,490.64 $6,981.28 BRISTOL-KENDALL FPD 0.573800 $571.73 Penalty Billed: $52.36 $0.00 $52.36 FOREST PRESERVE 0.129200 $128.73 Cost Billed: $0.00 $0.00 $0.00 JR COLLEGE #516 0.392400 $390.99 Drainage Bbed: $0.00 $0.00 $0.00 YORKVILLE LIBRARY 0.221000 $220.20 Total Billed: $3,543.00 $3,490.64 $7,033.64 YORKVILLE/BRISTOL SD 0.029100 $29.00 Amount Paid: $3,543.00 $3,490.64 $7,033.64 KENDALL TOWNSHIP 0.067100 $66.86 Total Unpaid: $0.00 $0.00 $0.00 KENDALL ROAD DISTRICT 0.170600 $169.99 Date Due: 07/01/2008 09/10/2008 SCHOOL DIST CU-115 4.447400 $4,431.39 Date Paid: 7/29/2008 9/10/2008 CITY OF YORKVILLE 0.416400 $414.90 Paid By:DYON, WILLIAM &JUDY Total 7.0065 $6981.28 Status: Sold To: Year Sold: Sub Sales: -TAX SALES- - NOTES- NEW SUB LOT 1990 DOC 89-2357 1 of 1 7/28/2009 11:31 AM Memorandum To: City Council EST. , = 1836 From: Mayor Burd& Susan Mika,Finance Director „el CC: Brendan McLaughlin, City Administrator O� ��� t�„ Date: July 21,2009 Subject: FY 08/09 Budget The definition of a deficit budget is one which is running in the red, i.e, where expenditures exceed income and assets,resulting in a negative overall balance. The City at the end of the last fiscal year had a projected surplus of$1.6 million. FY 08/09 The FY 08/09 General Fund Bud eg t was: Revised Budget was: Reduction: Revenue Projection $12,731,770 $10,913,842 $1,817,928 Administration $2,316,703 $1,720,367 $596,336 Finance $4,598,950 $4,307,487 $291,463 Comm Relations $164,319 $158,151 $6,168 HMS 60d&J , btV Engineering $549,097 $525,240 $23,857 Vawiij CA- 13"1e Police $3,239,524 $3,125,952 $113,572 Comm Develop $583,704 $487,295 $96,409 Streets $573,473 $553,237 $20,236 ,r Health& Sanitation $1,306,000 $1,126,000 $180,000 Total Expenses $13,331,770 $12,003,729 $1,328,041 I Included with those reductions,the following positions were eliminated and their expenses removed from the FY 08/09 budget: Janitor(benefits) 4 new officers for the police department Assistant Finance Director Human Resource Manager (3 months salary&benefits) Planner (2 months salary&benefits) Part Time Accounting Clerk The budgeted transfer to the Parks &Recreation department was to be reduced by$144,350. However, the actual expenses were not reduced, and their total expenses exceeded their revenues at year end. With a deficit beginning balance of$31,925 and a year end deficit of approximately$173,165,their total year end is a deficit of approximately$205,090 prior to any year end auditor's adjustments . By approval from the City Council, the General Fund has issued a short term loan to the Parks&Recreation department to help cover their shortfall as is to be paid back to the City within one fiscal year. .I Additional major expenses in last year's budget were related to legal costs based on actions of the previous administration. Costs attributable to fighting the landfill appeal were$299,450.91 and costs associated with the Aspen Ridge case were$59,423.59 and Lay Com was $121,711.45. The City Council authorized the use of$600,000in Reserves from Fund Balance when the original budget was approved. At mid-year the budget was reviewed by the City Council and the decision was made to reduce the budget for expenditures by$1,328,041 in recognition of lowered revenue expectations. At that time,the City Council authorized an additional use of reserves in the amount of$489,887. The total authorized use of reserves for the last fiscal year was $1,089,887. The actual projected use of reserve is $1,053,000 which is slightly less than the amount authorized. Below is a summary of the status of the General Fund pending year end journal entries and final audit review: Beginning Fund Balance as of May 1,2008 $2,700,000 Use of Fund balance thru April 30, 2009 ($1,053,000) Anticipated Fund Balance as of April 30,2009 (Un-audited) $1,647,000 If you have any questions,please let me know. I i �I I� According to our City attorney,we are settling this lawsuit based on the fact that City Council only stated denial due to adherence to our Comprehensive Plan. It is important to for people to hear what was actually stated read from the minutes: "Alderman Gilson stated he was not opposed to growth,however,the issue here is compliance with the comprehensive plan. He indicated that he was part of the Comprehensive Plan update committee and that according to the 2005 this area was intended for M-1.When the plan was updated,this area was changed to B-3 as a buffer along Rte 47. He noted that Ward 1 already had plenty of M-1 zoning. He asked the City Council to adhere to the vision of the Comprehensive Plan. He disagreed with the statement made by Lynn Dubajic from YEDC during the public hearing,and stated that he did not support that change. Alderman Gilson had a problem with Alderman Munns and Golinski's comments. He felt that they were short-term thinking. He felt that 19 acres would be better used as commercial,not split zoning." I put more credence to Wally's(who is an attorney)thinking and case law stating that this lawsuit is very defendable in court,than I do our own City Attorney.The petitioner originally came to this council asking for an annexation agreement amendment and zoning change for the development.The council said no due to a variety of different reasons,including highest and best use for the property in Ward 1,a need for commercial/retail development on the south side of town over manufacturing,and the work of the citizens advisory committee to form a comprehensive plan with a vision for good growth as the residents and constituents of the City want to see it grow. We are setting a bad precedent here by settling this lawsuit.The statement we are making is that if a developer comes to Yorkville and wants an annexation agreement change and zoning change to the original proposed agreement and zoning,and or is against our comprehensive plan and the vision for growth for our city.... If we say no,he will just sue Yorkville and get what he wants anyway.This is a bad precedent to set. I feel that Ward 1 residents want good growth and growth that they envision for the betterment of the south side of town and Ward 1.A car painting facility is probably not at the top of that list as compared to a restaurant or retail development. It is also not what we envisioned in the comprehensive plan. If we allow any developer to develop whatever they want,and develop by their own rules and procedures,than Yorkville will have.A mismash of developments with no face on that growth for the betterment of the residents.