City Council Minutes 2009 08-11-09 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, AUGUST 11. 2009
Mayor Burd called the meeting to order at 7:02 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 Lieutenants Hart and Schwartzkopf, Community Development Director Miller and
City Engineer Wywrot.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them
to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Plocher asked that PW 2009 -68 - Water Meter Pricing be sent back to the Public Works
Committee.
Amendment approved unanimously by a viva voce vote.
Mayor Burd noted that the presentation on Wind Energy Systems was going to be postponed as it was not
on small systems but rather geared to commercial systems.
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., September 1, 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
PRESENTATIONS
None.
PUBLIC HEARINGS
Alan R. Haehner
Alan R. Haehner, petitioner, has filed an application with the United City of Yorkville, Kendall County,
Illinois, requesting annexation and rezoning from Kendall County A -1 Agricultural to the United City of
Yorkville R -2 Residential. The real property consists of approximately 120 acres, located in the
northwest corner of Ament and Ashley Roads, Kendall County, Illinois.
Kendall Land Development
Kendall Land Development, LLC, petitioner, has filed an application with the United City of Yorkville,
Kendall County, Illinois, requesting rezoning from the United City of Yorkville R -2 One Family District
The Minutes of the Regular Meeting of the Citv Council — August 11. 2009 — Mee 2
to a Planned Unit Development. The real property consists of approximately 51 acres located east of
Route 47, between Van Emmon and Route 126.
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting
Service for the transcription of this portion of the public hearing.
CITIZEN COMMENTS
Dennis Batdorf commented that his subdivision is full of weeds and when reporting the violations per the
new ordinance a lot of red tape is needed such as the lot number. He stated that residents are working for
the government when they are required to research the lot numbers. He also questioned when the roads
would be done. Also, his daughter has to walk to the bus and there are no sidewalks. He wanted to know
when these things will be addressed. He noted that former Alderman Allen promised road repairs in his
campaign and that he heard that Mr. Allen will be running for mayor. He questioned if he would be able
to get the roads in. He complained about weeds, standing water, pot holes, etc. in his subdivision and
stated that nothing is being done for the citizens who voted this City Council in. Residents are paying
S SA tax and not getting services.
Susan Lambke, Van Emmon Road, expressed her concerns with Kendallwood Estates and the problem
with erosion and runoff from the subdivision. She indicated that the Illinois Environmental Protection
Agency has been contacted. She stated that she has water in her basement due to the subdivision and she
also noted that the guardrails along the creek are in disrepair. She was concerned that now they want
double housing on single - family lots. She asked the City Council to fix the existing problems.
Mike Engelhardt, Crooked Creek Road, addressed the green standards that are being proposed for
Kendallwood Estates. He noted that these will increase the cost of the houses by $180,000.00and he
asked what the developer was proposing and what kind of housing would be in the subdivision.
Richard Heath, Van Emmon Road, asked if there had been a study of the runoff from the Kendallwood
Estates subdivision. He was concerned with the runoff and erosion in the area. He stated he was against
multi - family housing because of too much concrete. He asked the City Council to take the flooding into
consideration before voting on any changes.
Dan Pickert, Ward 4, stated he read the article in the newspaper about the old jail. He stated that there are
a lot of problems with the building and it would not be appropriate for the city to take on the project.
Mayor Burd encouraged residents to attend the Green Committee meeting on August 24, 2009 at the
library. She explained that Kendallwood Estates is already zoned for single - family residences so any
developer can come in and build these types of homes. Now there is a request for duplexes on the south
half of the property. She stated that the City Council will consider the water issue and that Engineering
Enterprises, Inc. was currently evaluating the problem for the city. This will be before the City Council in
the future and more information will be forthcoming.
Alderman Spears asked if the changes for Kendallwood Estates went to the Plan Commission and Mayor
Burd stated it did and they did not support the changes. Alderman Spears asked to get a copy of the Plan
Commission minutes. She also asked if there was a Land Cash or land donation being made to the city.
Director Miller explained that there is no land dedicated for a park.
CONSENT AGENDA
None.
PLAN COMMISSION /ZONING BOARD OF APPEAL.
Director Miller reported that the next Plan Commission meeting was scheduled for August 12, 2009 at
7:00 p.m. at the library. The Zoning Board of Appeals met and more.information from their meeting will
be presented at the next City Council meeting. Mayor Burd stated that the ZBA requested a meeting with
the Economic Development Committee to discuss processes.
MINUTES FOR APPROVAL
None.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated August 4, 2009 totaling the following amounts: checks in the amount of $723,686.47
(vendors); $263,128.21 (payroll period ending 8/1109); $20,182.20 (payroll period ending 7/31/09); for a
total of $1,006,996.88; seconded by Alderman Golinski.
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Mee 3
Alderman Golinski asked what the questions were that went with Director Mika's August 11, 2009 memo
(see attached memo and email). Director Mika indicated that she tried to incorporate the questions in her
answers. Alderman Golinski stated he would like to see a memo like this in a format showing the
questions as well as the answers.
Alderman Spears questioned # 1 of the memo and asked if employees could take more flex money than
they have contributed. Director Mika explained that there are IRS guidelines to the program. Alderman
Spears asked if employees decided to take out the full amount is the city prepared to pay out the funds and
is the money in a separate account. Director Mika explained that the mayor's approval would be needed
to get funds out of the contingency fund if this happened.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye,
Werderich -aye, Teelmg -aye, Golinski -aye, Gilson -aye
REPORTS
MAYOR'S REPORT
Ordinance 2009 -38 Approving a Recreational Lease Agreement for Disc Golf
By and between the City and Commonwealth Edison
(CC 2009 -70)
Mayor Burd reported that the agreement for this was originally before the City Council in 2008. It was
approved but for the city to be exempt from property taxes the lease agreement has to be changed to
remove all references to "rent ".
Interim Director of Park and Recreation Olson added that he tried to get the lease fee lowered along with
some other changes however ComEd denied all the requests except the wording change.
Mayor Burd entertained a motion to approve an ordinance approving a Recreational Lease Agreement for
Disc Golf by and between the City and the Commonwealth Edison Company and authorize the Mayor
and City Clerk to execute all documents. So moved by Alderman Golinski; seconded by Alderman
Spears.
Alderman Gilson asked for clarification on the other items Interim Director Olson tried to renegotiate.
Interim Director Olson explained he tried to renegotiate the lease amount, signage, the prohibition against
recording the lease, insurance coverage, etc. Alderman Gilson asked what change was made to the
insurance. Interim Director Olson explained that Coverage #3 for auto liability was changed. Alderman
Gilson asked how often the facility is used and how much money is being spent to maintain it. Interim
Director Olson stated that to were to be tracked however he has not seen any information on
this cross his desk. As to cost, Interim Director Olson stated he could get an estimate based on the
weekly inspections, mowing, replacement of defective equipment, etc. Alderman Gilson asked if the city
lost money or if money was made back in the use of the facility. Interim Director Olson stated that there
is a charge for permits however there is no charge for individual use.
Alderman Spears asked if Yorkville is paying the fee or if the developer paid it. Interim Director Olson
stated that the developer did not pay. Alderman Spears questioned the difference between the disc golf
lease (10 years for $1,500.00) and the trail lease (20 years for $1,500.00). Interim Director Olson
explained that the uses are different as well as the ComEd divisions making the rules and regulations.
Alderman Spears asked if the developer refused payment and Interim Director Olson indicated that he did
not know if they refused as there is no documentation on payment. Mayor Burd noted that the developer
is bankrupt and now the Bank of America owns the subdivision.
Alderman Golinski indicated that he spent time at the Fox Hill Park for baseball and saw that their disc
golf course was very popular.
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
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Page 4
Ordinance 2009 -39 Approving a Recreational Lease Agreement for a Shared -Use Trail
By and between the City and Commonwealth Edison
(CC 2009 -71)
Mayor Burd explained that this ordinance is for the ComEd easement from Van Emmon to Route 71.
This is part of the trail plan from the downtown going south.
Mayor Burd entertained a motion to approve an ordinance approving a Recreational Lease Agreement for
a shared -use trail by and between the City and the Commonwealth Edison Company and authorize the
Mayor and City Clerk to execute all documents. So moved by Alderman Werderich; seconded by
Alderman Golinski.
Alderman Spears asked where the $1,500.00 was coming from. Interim Director Olson explained that it
was being paid by the city from the Administration Department. Alderman Spears noted that the
proposed area is washed away, the bridges are in bad condition and the width might not be enough for a
trail. Mayor Burd noted that the trail has not been built so there aren't bridges. Director Miller stated that
there are ravines that will need bridges. He explained that a $2 million CMAT grant has been applied for
which will cover the engineering and construction of bridges. The width of the easement is 50' and the
standard easement width for a bike trail is 20' for a 10' path. There is some ComEd equipment on the
property in Raintree so the trail will go around it and the Raintree Homeowner's Association addresses
this. If the city is not successful in getting the grant, he indicated he would continue to research funding
mechanisms. He explained that the trail will only be considered when funding is available. He explained
that the initial engineering for the trail was done a year ago by Engineering Enterprises, Inc. Alderman
Spears asked for clarification on page 5, Item 9b of the agreement regarding paving; does the city have
ComEd's written consent to pave the trail. Director Miller stated not at this time. Alderman Spears
suggested allocating funds just in case after twenty years the lease is not extended and ComEd wants the
trail removed. She added she was a hesitant to approve the agreement as it may cost the city a lot of
money in the long run. Alderman Spears asked what the EEI study cost and Interim Director Olson
explained it was done pro bono.
Alderman Gilson asked if there was an additional cost for liability insurance. Attorney Orr explained that
one policy cover all issues. Alderman Gilson noted that if the grant is not received it will still cost the
city to lease the trail. He stated that with city streets crumbling and infrastructure needing attention he
could not support the lease. He also asked to get information on what the EEI study would have cost the
city.
Alderman Spears stated she would like to table this until the costs are determined. She made a motion to
table the agreement until the next City Council meeting; seconded by Alderman Gilson.
Motion to table defeated by a roll call vote. Ayes -2 Nays -6
Munns -nay, Spears -aye, Plocher -nay, Werderich -nay,
Golinski -nay, Teeling -nay, Gilson -aye, Sutcliff-nay
Alderman Sutcliff stated that the city has been working on this trail for a long time because residents have
requested trails and the City Council's goals are to provide what residents want.
A member of the audience, Dennis Batdorf, interrupted the City Council discussion with complaints
about the roads in his subdivision. Mayor Burd advised him he was out of order and asked Lieutenant
Hart to escort him from the building.
Alderman Gilson added that residents want their roads fined more than trails. He stated Alderman
Sutcliff was off -base because necessities are needed more than luxuries.
Alderman Spears stated that residents she talks to want good roads, police protection, etc. and are not
interested in "green" things. She suggested that the city send out a survey to poll residents on this matter.
She stated that the survey may cost the city some money but may save, the city more money on
nonessential items.
Motion to approve the agreement approved by a roll call vote. Ayes- 6 Nays -2
Spears -nay, Plocher -aye, Werderich -aye, Gohnski -aye,
Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye
CorLands Agreement Extension — Second Amendment to Lease - Donation Agreement
(CC 2009 -72)
Mayor Burd explained that CorLands is holding property to use for matching grants. The Lease - Donation
Agreement needs to be extended for another year.
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — nage 5
Mayor Burd entertained a motion to approve a Second Amendment to Lease - Donation Agreement and
authorize the Mayor to execute. So moved by Alderman Golinski; seconded by Alderman Werderich.
Alderman Gilson questioned the extension for a cost of $5,000.00. Administrator McLaughlin confirmed
the extension was for six months and explained that last year the extension was for one year. Alderman
Gilson asked if there were any plans in the next six months to use the land match. Interim Director Olson
stated he was not aware of any at this time and he was also looking at other foundations to use instead of
CorLands. He stated that OSLAD grants are due in July. Mayor Burd added that the city was looking for
another foundation to hold the property while staff is researching grants. When a grant is found then
hands the property back to the city for a matching grant. CorLands charges large fees to do this.
Alderman Spears asked how much money the Yorkville Foundation has. Interim Director Olson stated he
did not know.
Alderman Werderich questioned why CorLands would not want to hold the property after six months.
Mayor Burd explained that they try to encourage the city to do something because they don't want to hold
the property forever.
Alderman Teelmg clarified that the land could not be used for anything besides Parks & Recreation.
Interim Director Olson stated that was correct. She asked if a trail could be put on the land or if it could
be used to match a grant for bike trails. Interim Director Olson stated that these were a possibility.
Alderman Spears noted that only sixty acres of the property is outside the flood plain. Interim Director
Olson stated that thirty acres are being used for a match.
Motion approved by a roll call vote. Ayes- 6 Nays -1 Present -1
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye,
Gilson - present, Sutcliff -aye, Munns -aye, Spears -nay
Boat Launch Grant Application
(CC 2009 -73)
Mayor Burd reported that once the Riverfront White Water park is finished, there will be no way for
boaters to get into the river. A new facility is needed for this.
Mayor Burd entertained a motion to authorize staff to apply for an IDNR Boat Access Area Development
Grant and authorize the Mayor and City Clerk to execute all documents. So moved by Alderman
Werderich; seconded by Alderman Golinski.
Interim Director Olson explained that the IDNR originally had a boat launch but they took it out when the
dam project started. A new site has been determined and the IDNR has been contacted. The site will
have a concrete pad with docks and tie ups. The maxim amount of the grant is $200,000.00 with no
match.
Alderman Gilson asked if the project would cost more than the grant. Mr. Olson stated that he was not
applying for more money than needed and there should be no cost to the city. Alderman Gilson asked if
there is a limited time in which to build and Mr. Olson stated that the project needs to begin within two
years of receiving the grant. Alderman Gilson asked what the criteria of the grant were based on. Mr.
Olson stated that they are based on what grant reviewer looks at the application however he felt that the
city's chances were good since is the only type of white water feature in the state.
Alderman Spears asked if the city would lose money if the project was not completed in two years and
she asked if there were any upfront costs to the city. Interim Director Olson stated there was a partial
upfront payment. Alderman Spears asked to see the grant application and was told by Mr. Olson that the
application was non - descript and he had not completed yet. Alderman Spears asked if there would be
user fee for the facility and Mr. Olson stated there would not be one because there wasn't going to be a
_ charge for the water bypass and he was keeping in line with this.
Motion approved by a roll call vote. Ayes- 7 Nays -0 Present -1
Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye
Sutcliff -aye, Munns -aye, Spears- present, Plocher -aye
Budget Update
(CC 2009 -67)
Mayor Burd distributed and went over budget update information (see attached). Items she touched upon
were the department breakdowns; the authorized use of $600,000.00 in the Reserve Fund, position cuts;
the Park & Recreation Department's deficit.
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Daze 6
Finance Director Mika went over her August 11, 2009 memo which addressed budget questions
submitted to her by Alderman Gilson.
Alderman Gilson asked if it was a bad sign to take "rainy day funds" to assist with the General Fund.
Director Mika explained that the "rainy day fund" is the General Fund. Alderman Gilson noted that Land
Cash borrowed from the General Fund and Director Mika explained that this was done because the
revenues projected did not come in as budgeted. Alderman Gilson pointed out that in September 2008 the
General Fund was at 25.8% and in April 2009 it was at 2.38 %. He stated that this decrease worried him.
Director Mika explained that when the April 2009 report was done not all revenues, such as from
municipal sales tax and state income tax, had been received. These are usually months behind. The
auditors will make adjustments now that the funds have been received.
Treasurer Powell asked if Director Mika had the General Fund percentage for May 2009 and she stated
she did not have that figure with her.
Alderman Spears asked if the attorney fees included those for Attorney Gardiner. Director Mika stated
that they did not because his was a separate line item. Alderman Spears asked her to provide information
on Attorney Gardiner's fees. Director Mika stated she would provide the figures from the 08/09 fiscal
year. Mayor Burd stated that fees were pointed out in the July 21, 2009 memo. Fees related to Aspen
Ridge are from Attorney Gardiner.
Interim Director Olson went over his August 11, 2009 memo. He indicated that his memo hits the high
points and that the Park Board will be getting a full report at their meeting. He invited the City Council to
attend. He stated that the numbers listed in the packet for the last City Council meeting will fluctuate due
to accounting procedures. The 08/09 deficit is around $200,000.00 however after the audit the deficit is
anticipated to be about $130,000.00. Interim Director Olson explained that the Rec Center and the Park
& Recreation Department operating budgets are separate. The operating budget is subsidized by the
General Fund. The Rec Center budget is not subsidized and is at a deficit. He addressed Rec Center
memberships stating that when the city took over there were 700 memberships and now there are 1200
however the number does fluctuate week to week. Even with the increase in membership, the Rec Center
has not seen an immediate jump in revenues as most people pay their membership monthly. He indicated
that membership is on track to beat last year's numbers and membership fees have increased. The
preliminary numbers are on pace to meet a full year's budget numbers. He did not feel that there will be a
problem meeting $400,000.00 this year. Mr. Olson added that previously cuts were not made in the Park
& Recreation Department budget so he had to scramble to make as many cuts as he could.
Alderman Spears asked what the monthly lease payment was and Mr. Olson stated it was
$17,500.00 /month for the first two years and then it would increase $500.00 /month each year after that.
Alderman Spears asked what the monthly withdraw on revenue was and Mr. Olson stated that revenues
did not match expenditures. He felt they were doing better this year and the budget shows the deficit
decreasing. He hoped to be in the black for the majority of FY 09/10. Alderman Spears questioned the
taxes on the property and Attorney Orr indicated that the taxes were in the business plan and former
Director of Park and Recreation Mogle tried to get them reduced. Alderman Spears noted that the Rec
Center pool was going to be closed for repairs and questioned if members were being reimbursed for this.
Mr. Olson stated that it would only be closed one day and members with a "pool only" membership
should be credited for the lost day.
Mr. Olson also went over the questions addressed in his memo.
Mayor Burd questioned the real estate taxes for the property and Mr. Olson explained that there were no
taxes for the first year and they would be $26,000.00 this year_ Afterward they will be $52,000.00. He
stated he was looking into getting an exemption for the real estate taxes.
Alderman Gilson asked why the staff did not do an audit of the income in the beginning. Mr. Olson
stated that the staff did not have access to the financial figures. He stated that it appeared that either
membership declined between September 2007 and July 2008 or erroneous numbers were presented. The
city decreased prices by implementing different price levels. Another factor affecting revenues is the
monthly payment of membership. Alderman Gilson read a letter from Speer Financial to the former
Director of Park and Recreation Mogle concerning unaudited amounts, lack of an accountant's
adjustment, etc. Alderman Gilson stated he was concerned that revenues were inflated and expenses
deflated. He asked where the city was now with the Speer report and Mayor Burd stated that the city was
nowhere because it did not affect what is going on today. She question Alderman Gilson as to the
purpose of his reading the report. He stated that scrutiny of the Rec Center was necessary. He felt the
city was in a situation with it because of assumptions made at the beginning. Mayor Burd noted that the
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Daze 7
person responsible left the city's employ and now Mr. Olson is being accountable. She felt his reading of
the Speer report was counterproductive.
Alderman Spears noted that the former Director of Park and Recreation wasn't the only one who
presented information on the Rec Center. She stated that two of the department's supervisors were also
behind the acquisition. Mayor Burd noted that there were aldermen also involved. She stated that no one
expected the recession and that if the Rec Center is not in the black by the end of the year it can be
reevaluated.
Alderman Sutcliff asked how many of those who participate in Rec Center classes are members. Mr.
Olson stated that the ratio is seventy to thirty of members versus non-members-
Review of Ethics Act and Open Meetings Act
(CC 2009 -74)
Mayor Burd reported that the City Council was provided with a booklet containing the Ethics Act and
Open Meetings Act. These were put together at her request by Deputy Clerk Pickering and
Administrative Assistant Gehr. She asked that this information be distributed due to an issue with one of
the aldermen. She noted that it takes more than one aldermen to violate the Open Meetings Act. Also in
the booklet is the city's Ethics Ordinance which prohibits campaigning on the city's property or with the
use of the city's equipment. The mayor is responsible to oversee and enforce this ordinance. She asked
that any questions be directed to her or the city attorney_ She further explained that no penalty was
adopted with the ethics ordinance however the state makes a violation a Class A misdemeanor. Also, the
city does not have an ethics officer so she will be bringing this forward to the City Council for fiirther
discussion. The State's Attorney suggested that this be addressed and that the city adopt the state's ethic
commission or form one of its own.
Alderman Spears commented that it was a great reference guide but asked that information on the
statement of economic interest be included in the information.
Attorney Orr added that the Opens Meeting act has been amended and the changes will be effective
January 1, 2010. She explained that there is training required and a public ethics officer will be
appointed. She stated that she intended to develop a memo for the booklet explaining the changes and
that the changes will also be discussed at the IML Conference. Mayor Burd added that Metro West is
opposing the amendment.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Mika reported that at the last meeting she asked the City Council to sign new signature cards for
the Library. It did not make sense to have the City Council sign for the Library so Treasurer Powell
spoke with Old Second Bank and now there is a form for the City Council members to sign to remove
their names from the Library Board checking account.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the department worked on property maintenance in the Windett Ridge
subdivision last week. They will be working in the Caledonia and Grande Reserve subdivisions this
week. They are keeping on top of things with tickets adjudicated each week. In regards to citizens
providing lot numbers when they file a complaint, he stated it wasn't necessary but helpful. Also, the
Raintree subdivision was being mowed however the contractor doing the mowing has gone out of
business.
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Dage 8
CHIEF OF POLICE'S REPORT
Lieutenant Hart noted that Chief Martin was on vacation and then reported that the National Night Out
was a success and everyone had a good time.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Park & Recreation Director Olson reported that Hometown Days were four weeks away and he
needed volunteers to man the beer tent on Saturday. Anyone interested could sign up on the website. He
reported that a bingo to would be held that weekend and he reminded everyone mega passes for
the carnival rides were still on sale.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Sidewalks
Director Miller reported that the city was successful in obtaining funding from IDOT. The city will
receive a grant in the amount of $231,000.00 to be used on sidewalks south of the river. The sidewalks
will be installed near Circle Center Grade School, Yorkville Intermediate School and down both sides of
Route 47. The School District partnered with the Police Department for the grant which will provide
12,000 linear feet of sidewalk. Also being implemented is a public awareness program for walking and
riding bikes to school.
Alderman Spears asked if the Raintree subdivision would qualify for any grant money since they don't
have sidewalks. Director Miller stated that the subdivision was not part of the grant application. He
explained that the purpose of the program was to provide safe paths to school. Mayor Burd added that the
sidewalks in the Raintree subdivision are to be paid for by the developer. Alderman Spears expressed her
concern for the safety of kids in the subdivision walling to their bus without sidewalks. Administrator
McLaughlin stated that the developer has committed to installing temporary sidewalks on one side of the
street this fall.
CMAT
Director Miller reported that the CMAT public workshop was scheduled for tomorrow at the Kendall
County Health Department on John Street. There is also an interactive kiosk at the library with survey
questions and activities.
COMMUNITY RELATIONS OFFICER'S REPORT
No report.
COMMUNITY & LIAISON REPORT
Yorkville Bristol Sanitary District
Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting where bids for
their facility were discussed. The lowest bid received was $1.55 million and construction will begin in
October 2009. They received a letter from the Illinois Environmental Protection Agency and Deuchler
will present findings about the dam on Blackberry Creek at a future meeting. The bridge over the creek
was discussed. The bridge's rating is poor so a grant was applied for. If the grant is received, the bridge
will be replaced. Other things discussed were the need for more mulch on Hydraulic at the access point
for boats; the lack on insurance coverage for Jaycee Pond; the increase of fees paid to the city for billing
and Ralph Pfister's retirement.
Library Board
Mayor Burd asked if a liaison for the Library Board had been determined. Alderman Sutcliff indicated
that Alderman Plocher was the liaison however he stated he was unaware of this. Mayor Burd stated that
the Board was missing having a liaison and asked Alderman Plocher to please attend their meetings.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2009 -40 Authorizing the Execution of an Annexation Agreement
Haehner Property
(PC 2009 -05)
A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an
Annexation Agreement for Haehner property and authorize the Mayor and City Clerk to execute all
documents; seconded by Alderman Munns.
The Minutes of the Regular Meeting of the Citv Council — August 11. 2009 — nage 9
Alderman Werderich stated that he did not support the Annexation Agreement because he felt the city
should follow the land plan that calls for lower density.
Alderman Munns stated that other towns are watching Yorkville and they may offer a developer higher
density which will still affect Yorkville. He supported the agreement.
Alderman Gilson agreed with Alderman Werderich. He stated that comprehensive plans were addressed
in the class for newly elected officials that he attended. It was suggested that comprehensive plans should
be revised or be followed. He supported following the plan for estate zoning. He asked why the initial
plan was at the city's expense. Director Miller explained that the concept plan does not take staff time or
funds to do and historically the city has offered this service. Alderman Gilson asked how the city could
afford to extend utilities to this property and Director Miller explained that two other developers in the
area have commitments to the city. He explained that recapture agreements for Windett Ridge and
Yorkville South were already in place and that developers will front fund the cost. Alderman Gilson
asked why the developer was getting an eight year exemption. Director Miller stated that this is a typical
fee break for an agreement. The clock on the exemption begins upon annexation which in this case is
when the property becomes contiguous. He did not feel the time period was risky for the city, this
exemption has been given in the past and staff supports it. Alderman Gilson commented that if the city
does not want to follow the current Comprehensive Plan it should be changed. He did not support the
annexation agreement.
Alderman Golinski noted that the density as only nine units over the current limit and he supported the
agreement.
Mayor Burd asked how much property was between this property and the city limit. Director Miller
explained that there are two opportunities for this property to become contiguous. He also noted that
there is only one property between Yorkville Estates and MPI South to get to Caton Farm Road. Mayor
Burd commented that this annexation gets the city to Caton Farm Road and near the Prairie Parkway. She
felt this is the best deal for the city and currently the owner has no intent to develop the property. She
thanked the owner and Mr. Nelson for working with the city.
Alderman Spears commented that this was a difficult decision. The plan was for estate zoning on the
south side of Yorkville and that the new Comprehensive Plan gave the residents what they requested.
Alderman Sutcliff stated that estate zoning was discussed by the Economic Development Committee
however the market directs what will be built. Currently people do not want estate lots. She supported
the agreement.
A motion was made by Alderman Munns to call the question; seconded by Alderman Golinski.
Motion to call the question 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
Motion approved by a roll call vote. Ayes -6 Nays -3
Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay,
Plocher -aye, Werderich -nay, Golinski -aye, Burd -aye
Attorney Robert Nelson, representing the Ha.ehners, commented that the market does dictate the product.
He felt that once the streets and detention are constructed on the property the density will be less than 300
units. He thanked the City Council for their approval.
Ordinance 2009 -41 Amending the Code of Ordinances Providing for the Regulation of
Wind Energy Systems
(PC 2009 -01)
A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances
providing for the regulation of wind energy systems and authorize the Mayor and City Clerk to execute;
seconded by Alderman Werderich.
Alderman Werderich explained that this started at the Economic Development Committee and then was
sent to the Public Safety Committee. The Public Safety Committee discussed safety issues and added a
provision to the amendment. Now it is back before the City Council.
Mayor Burd added that originally when the ordinance was brought forward there were three separate
components. This amendment deals with the smallest wind system which people could install on their
houses. The wind systems are already allowed; this regulates them.
The Minutes of the Rep-ular Meeting of the Citv Council — August 11, 2009 — naee 10
Alderman Gilson stated that he pushed for changes in this ordinance. He thanked the City Council for the
ones made so far however he felt that the ordinance was stilled flawed. He went through the ordinance in
detail and expressed his concerns. He did not want the ordinance to move forward just so the city can say
they are the first to have this type of ordinance. He noted that Sugar Grove has placed a moratorium on
the construction of devices for six months and did not understand this because Attorney Orr advised the
City Council a moratorium was illegal. He stated that the ordinance has gotten better but he felt there is
still more "homework" needed before it is passed.
Alderman Teelmg asked if the city inspected other things after a permit was issued. Director Miller
explained inspections are done on things which are issued a temporary permit such as signs. She asked
him to explain abandon systems and if the city was responsible to abate them. He explained that the city
may act on abandon systems after one month after the cessation of use and the city will not abate systems;
this is the responsibility of the owner. Any cost is the burden of the property owner. If the owner does
not remove the system, it will be considered a nuisance and the city will remove and charge the property
owner for the service. Mayor Burd expressed her concern with city employees removing a system from a
resident's roof. She did not want the city going on someone's property and doing something to their
house. Director Miller stated that abandonment is when a system is in disrepair which affects public
safety.
Alderman Sutcliff stated that the reason for the ordinance is to protect the public. She felt the sooner it is
passed the better however she did have a problem with not having a city inspector. She felt the biannual
inspections were cost prohibitive and overkill. She made a motion to remove the section requiring
inspections every two years from the ordinance; seconded by Alderman Teeling.
Alderman Gilson commented that a wind system was nothing like a rusty air conditioner or a chimney. It
is a structure with spinning blades which could hurt someone. He felt removing the provision for
inspections was a mistake.
Motion to amend defeated by a roll call vote. Ayes -2 Nays -6
Werderich -nay, Golinski -nay, Teeling -aye, Gilson -nay,
Sutcliff -aye, Munns -nay, Spears -nay, Plocher -nay
Alderman Spears stated that several members of the City Council had concerns and it did not appear the
ordinance was ready for approval. She stated that she spoke with Sugar Grove trustees about their
moratorium and noted that a moratorium must not be illegal because they have one. She made a motion
for a six month moratorium; seconded by Alderman Gilson.
Attorney Orr explained that it would be better to make a motion to table this. Alderman Gilson withdrew
his second and Alderman Spears withdrew the motion.
A motion was made by Alderman Spears to table the ordinance; seconded by Alderman Gilson.
Motion to table defeated by a roll call vote. Ayes -2 Nays -6
Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -nay,
Spears -aye, Plocher -nay, Werderich -nay, Golinski -nay
A motion was made by Alderman Plocher to call the question; seconded by Alderman Golinski.
Motion to call the question approved by a roll call vote. Ayes -9 Nays -0
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye,
Werderich -aye, Golinski -aye, Teeling -aye, Burd -aye
Motion approved by a roll call vote. Ayes -6 Nays -2
Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye,
Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay
PUBLIC SAFETY COMMITTEE REPORT
Off Street Parking Regulations — Draft Zoning Ordinance Text Amendment
(CC 2009 -75)
A motion was made by Alderman Werderich to initiate an amendment to the Zoning Ordinance and
authorize the Plan Commission to conduct a public hearing on this matter; seconded by Alderman Gilson.
The Minutes of the Regular Meeting of the Citv Council — August 11, 2009 — Daee 11
Alderman Werderich reported that the regulation of parking of certain size trucks was discussed by the
Public Safety Committee. Attorney Orr advised a regulation within the Zoning Ordinance so a draft
ordinance was developed.
Mayor Burd stated that she read Alderman Gilson's comments in the newspaper and was concerned that
the Chief said this is a constant source of complaints. She discussed this with the Chief who told her the
complaints were sporadic with six being logged in since April 2007. This year only one verbal complaint
was received. She distributed a copy of the incident history (see attached). She stated complaints to an
alderman were another issue. She asked Alderman Werderich if he had received any complaints and he
stated he had but he did not feel the need to report the complaints to the Chief. Alderman Gilson stated
that he has received two complaints since taking office and when he spoke to the Chief about them he was
told that this was an ongoing issue_
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Alderman Plocher stated that he asked that this be amended because he was unsure if it covered
construction equipment.
Alderman Sutcliff asked if this was city wide or specific. Mayor Burd clarified it was citywide.
Alderman Sutcliff felt it impeded businesses and that she would rather the police protect public safety and
not be monitoring parking. She did not support the amendment.
Alderman Golinski commented that he would rather see a truck driver pull over, park and sleep than have
him drive tired. He asked if this was originally part of the Zoning Ordinance and Director Miller
indicated it was. Alderman Golinski questioned if the Dave's Meat Market truck or U -Haul vehicles were
affected because he felt the wording was unclear.
Mayor Burd stated that when this changed residents leased space to park trucks off street. Trucks have
been parking at the Shell Station for a long time and residents feel it is a truck stop.
Alderman Werderich stated that the committee does not want to restrict things such as construction
equipment. He made a motion to amend the ordinance to allow construction vehicle parking; seconded
by Alderman Plocher.
Alderman Werderich stated that he lives in the area of the Shell station and over the past year there has
been increased usage of the property as a truck stop. Alderman Gilson added that sometimes there up to
sixteen semis parked overnight and there are no showers or bathrooms to make it a truck stop. There is
litter near the trucks and standing water in the ruts that they make.
Attorney Orr suggested the wording be amended to read "off street parking facilities .... shall be used
solely for the parking of vehicles owners, employees, visitors, agents, contractors and customers at the
business or establishment.....all other vehicles weighing 15,000 pounds or more shall not be parked in a
business district between the hours of 10:00 p.m. and 4:00 a.m. unless loading or unloading.... ".
A motion was made by Alderman Munns to table the amendment; seconded by Alderman Werderich.
There was discussion as to table the amendment or send it back to committee.
Alderman Werderich withdrew his second and Alderman Munns withdrew the motion.
A motion was made by Alderman Munns to send the amendment back to committee; seconded by
Alderman Plocher
Motion to send back to committee approved by a roll call vote. Ayes -4 Nays -3
Munns -aye, Spears -aye, Plocher -aye, Werderich -nay, Teeling -nay, Gilson -aye, Sutcliff -nay
Alderman Golinski was not present for the vote.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
None.
The Minutes of the Regular Meetine of the Citv Council — Auaust 11.. 2009 — paee 12
ADJOURNMENT.
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutchff, seconded by
Alderman Munns.
Adjournment of the meeting was unanim ously approved by a viva voce vote.
Meeting adjourned at 10:35 P.M.
Minutes submitted by:
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Jacquelyn Milschewski,
Ci ty Clerk City of Yorkville, Illinois
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REGULAR CITY COUNCIL MEETING
AUGUST 11, 2009
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AUGUST 11, 2009
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REGULAR CITY COUNCIL MEETING
Public Comment
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AUGUST 11, 2009
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CITY COUNCIL MEETING
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UNITED CITY OF YORKVILLE, ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
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!) of the above - entitled matter taken before
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II CHRISTINE M. VITOSH, C.S.R., on August 11, 2009,
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at the hour of 7:00 p.m., at 800 Game Farm Road in
the City of Yorkville, Illinois.
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D- 885809
REPO • COURT
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reporting service
630- 983 -0030
1300 Iroquois Avenue, Suite 100
Naperville, IL 60563
e -mail: depocourt @comcast.net • www.depocourt.com
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1 P R E S E N T:
2 MS. VALERIE BURD, Mayor;
3 MR. GARY GOLINSKI, Alderman;
4 MR. ARDEN JOE PLOCHER, Alderman;
5 MR. MARTY MUNNS, Alderman;
6 MS. ROSE ANN SPEARS, Alderwoman;
!i 7 MS. ROBYN SUTCLIFF, Alderwoman;
8 MR. WALLY WERDERICH, Alderman;
9 MR. GEORGE GILSON, JR., Alderman;
10 MS. DIANE TEELING, Alderwoman.
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12
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,L! 13 MR. BRENDAN McLAUGHLIN, City
j 14 Administrator;
15 MR. WILLIAM POWELL, City Treasurer;
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16 MS. JACQUELINE MILSCHEWSKI, City Clerk.
17
18 A P P E A R A N C E S:
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19 BY: MS. KATHLEEN FIELD ORR,
20 Appeared on behalf of the United
21 City of Yorkville, Illinois.
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1 (Pledge of Allegiance.)
2 MAYOR BURD: Our first public hearing is
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3 Alan R. Haehner, petitioner, filing an application
4 with the United City of Yorkville requesting
07:06PM 5 annexation and rezoning from Kendall County A -1
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6 Agricultural to the United City of Yorkville R -2
7 Residential.
8 The real property consists of
9 approximately 120 acres located at the northwest
07:07PM 10 corner of Ament and Ashley Roads, Kendall County,
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11 Illinois.
12 MR. NELSON: Good evening, honorable
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'!! 13 Mayor, members of the Council, ladies and
14 gentlemen. My name is Robert Nelson. I am an
07 :07PM 15 attorney. I practice in Aurora, Illinois. I am
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I ! 16 here tonight on behalf of the petitioner, Alan
17 Haehner. Alan Haehner is not here tonight; he is
18 a resident of a suburb of Minneapolis in
19 Minnesota.
07:07PM 20 Alan owns 120 acres at the --
21 essentially the northwest corner of Ament Road and
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22 Ashley Road. He inherited that land from his
23 grandparents, Ross and Lily Holt. The Holts were
24 schoolteachers, they lived in Naperville and they
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1 had quite a few farms in Kendall County, this one
2 included.
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3 Their tenant that they had for years
4 was Dale Henrickson, who still lives in the
07:08PM 5 neighborhood, although he is now retired. He was
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6 a tenant for Alan for a number of years after the
7 Holts passed away.
8 Alan holds the property as an
9 investment only. He has committed it currently to
07:08PM 10 an agricultural use. The land is strictly used
11 for rotated crops at this point in time.
12 In November of 2008 Alan received a
13 letter from the City of Yorkville inviting him to
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14 file a petition to annex the 120 acres to the City
07:08PM 15 of Yorkville. Negotiations ensued over the course
16 of several months. Alan and I worked with Travis
17 Miller and the City attorney to hammer out the
18 terms and conditions of an annexation agreement.
19 A petition for annexation was filed,
07:09PM 20 the proper notices were served, and a hearing was
21 held before the Yorkville Plan Commission on the
22 question of zoning.
23 The Plan Commission voted an
24 approval of a zoning classification of R -2 with a
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1 cap of 300 units for the entire project.
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2 The land is not currently offered
3 for sale. The land is not marketed right now. It
4 is not listed. There is no concept plan. No
07:09PM 5 engineer has been retained. No planner has been
6 engaged.
7 Alan comes before this Council at
8 its invitation and he has I think in good faith
9 negotiated with your staff an annexation agreement
07:10PM 10 which he believes to be appropriate for the
11 circumstances and which the City also believes to
12 be appropriate for the circumstances.
13 On his behalf I kindly ask that this
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14 Council consider the annexation of this property
07:1OPM 15 on the terms and conditions set forth in that
16 agreement.
17 I would say, too, to all here who
18 probably are not aware, this land is not yet
19 contiguous with the City of Yorkville, so the
07:10PM 20 annexation will not be accomplished as soon as the
21 agreement is approved; rather, the annexation
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I 22 calls for -- or the agreement calls for annexation
23 once the property does become contiguous, and that
24 may take many months, if not several years, so
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1 it's not a project for which my client is pushing
2 hard or fast, and he is willing to be patient to
3 see what happens in the neighborhood around his
4 property.
07:11PM 5 Eventually it will become contiguous
6 with the City and at that point in time if this
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7 annexation agreement is approved, he will be very
8 happy to add his property to the United City pr
9 the Village of Yorkville as I grew up to learn it
07:11PM 10 to be.
11 So thank you very much for
12 entertaining this petition and the annexation
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ii 13 agreement.
II 14 MAYOR BURD: Thank you, Mr. Nelson.
07:11PM 15 Does anyone in the audience have any questions on
16 this reannexation agreement?
17 (No response.)
18 MAYOR BURD: No? Then I guess we will
19 close this hearing because we will discuss it
07:12PM 20 among the City Council at a later time.
21 MR. NELSON: Thank you.
22 MAYOR BURD: Close the public hearing
23 and move to the Kendall Land Development, LLC,
24 petitioner, which has filed an application with
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1 the United City of Yorkville requesting rezoning
2 from the United City of Yorkville R -2 One Family
3 District to a Planned Unit Development.
4 The real property consists of
07:12PM 5 approximately 51 acres located east of Route 47,
6 between Van Emmon Street and Route 126.
7 Is there anyone here tonight from
8 Kendall Land Development, LLC?
9 MR. MILLER: Mayor, we did receive a
07:12PM 10 letter from this petitioner requesting to continue
11 the public hearing to September 8th, 2009.
i 12 MAYOR BURD: Okay. You should have
13 mentioned that earlier when we were --
14 MR. MILLER: Well, it would be
07:13PM 15 appropriate to open a public hearing on this date
16 due to the -- this is the date of the public
17 hearing as published, so it is my understanding
18 from Attorney Orr that it be opened on this date,
19 continued to the September.
07:13PM 20 MAYOR BURD: So is there a motion to
21 continue this public hearing to what date?
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22 MR. MILLER: September 9th, Tuesday.
23 MS. ORR: September 8th.
24 MR. MILLER: September 8th.
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1 MAYOR BURD: Tuesday, September 8th.
2 Can I entertain a motion to continue this to
3 Tuesday's meeting?
'j 4 ALDERWOMAN SPEARS: Can I ask a
07:13PM 5 question? Is this --
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6 MAYOR BURD: Then we can discuss it.
7 Would someone make a motion to continue this?
8 ALDERMAN GOLINSKI: So moved.
9 ALDERWOMAN SPEARS: Second.
07 :13PM 10 Could we get some kind of
11 documentation also for the public hearing? I
12 looked all over my files and I found absolutely
13 nothing.
14 MAYOR BURD: Absolutely. I think that
07:13PM 15 would be fair.
16 ALDERWOMAN SPEARS: Okay.
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17 MAYOR BURD: Hopefully by then they will
18 have generated something, so maybe that's why they
19 need a postponement.
07:14PM 20 Any other comments? Yes.
21 ALDERMAN GOLINSKI: Travis, is there a
22 reason that they asked for this continuance? It
23 seems there is a lot of people here that would
24 like to discuss this.
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1 MR. MILLER: They -- one of the
2 components of their proposal is to incorporate
3 green standards into the buildings within the
4 subdivision. They would like the opportunity to
07:14PM 5 present that to the Green Committee, which meets
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6 August 24th, so they asked to continue the public
7 hearing until a date following the Green Committee
8 to be able to make a formal presentation to that
9 group.
07:14PM 10 MAYOR BURD: Aren't they also trying to
11 bring some -- from what I understand, there was
12 also somebody from GE that was going to try to
13 come here and talk about the community they are
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14 trying to put together.
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07:14PM 15 MR. MILLER: They are proposing it to be
16 an ecomagination, so a representative from GE
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17 discussing that program is planned to be on -hand
18 for the public hearing as well.
19 MAYOR BURD: They will provide you with
07:15PM 20 more information on what that ecomagination
21 community might be.
22 Alderman Spears.
23 ALDERWOMAN SPEARS: Could they also give
24 us information as far as the flooding situation
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1 with all the neighbors? I think that that should
2 be part of what they are doing to resolve that.
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3 MR. MILLER: With what issue?
j 4 ALDERWOMAN SPEARS: The flooding issue
07:15PM 5 with all the neighbors. I think that's a greater
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6 issue than creating a green community there.
7 MAYOR BURD: I think in line with this
8 we just got notification that -- and I don't
9 know -- I haven't read through this all to see if
07:15PM 10 this is on it, I didn't see it, but they will be
11 paving the lower part of that -- that street that
12 was left unpaved, that we had received funding in
13 our letter of credit. Is that correct?
14 MR. McLAUGHLIN: The City Council
07:16PM 15 authorized in the letter of credit to complete the
16 unpaved segment that runs up the hill into
17 Kendallwood Estates, so that work will be
18 starting.
19 That contract has been preapproved
20 by the City Council and the City engineer will
21 kick off a petition to get that work done. They
22 will also be doing some erosion control work on
23 the slopes of the hill running up there at that
24 time also.
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1 MAYOR BURD: Planting some -- some
2 shrubbery or something?
3 MR. McLAUGHLIN: I know it's plans to
4 keep erosion from occurring; I don't know that
07:16PM 5 it's the final landscaping plan, but it is
6 something to prevent further erosion.
7 MAYOR BURD: So hopefully by the time we
8 bring this up again that will be completed and you
9 can see how that works, but it is being addressed.
07:16PM 10 ALDERWOMAN SPEARS: Okay.
11 MAYOR BURD: Yes, sir.
12 ALDERMAN WERDERICH: I just -- we kind
13 of got into a legal trick bag recently as a result
14 of a very similar request and I don't know if we
07:16PM 15 need to go to the extent of a legal analysis on
16 this, but at least in terms of information that's
17 provided to the Council, perhaps there could be a
18 list of LaSalle factors that the City Council can
19 consider and look at, and when the public hearing
07:17PM 20 takes place, they can present information either
21 for or against based on those factors.
22 I'm not trying to sway anybody on
23 the City Council either way, but just to --
24 MS. ORR: We can provide you with the
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1 memo so that you can -- that's an excellent idea.
2 I will provide the Mayor and Council with the list
3 of factors that are generally considered and
4 traditionally considered as a basis for annexation
_ 07:17PM 5 or amendments to annexation.
6 ALDERMAN WERDERICH: Right. And then it
1 ,
7 wouldn't be too difficult also to perhaps kind of
8 a -- and this is generally usually done, but a
9 history of the zoning and what's taken place and
07:17PM 10 if there is any amendments to that zoning so we
11 can create a time line.
12 MS. ORR: Great.
13 ALDERMAN WERDERICH: Thank you.
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'I! 14 MAYOR BURD: Anyone else on this?
07:17PM 15 (No response.)
16 MAYOR BURD: Roll call.
17 MS. MILSCHEWSKI: Sutcliff.
18 ALDERWOMAN SUTCLIFF: Aye.
19 MS. MILSCHEWSKI: Munns.
07:17PM 20 ALDERMAN MUNNS : Aye.
21 MS. MILSCHEWSKI: Spears.
22 ALDERWOMAN SPEARS: Aye.
23 MS. MILSCHEWSKI: Plocher.
24 ALDERMAN PLOCHER: Aye.
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1 MS. MILSCHEWSKI: Werderich.
2 ALDERMAN WERDERICH: Aye.
3 MS. MILSCHEWSKI: Golinski.
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4 ALDERMAN GOLINSKI: Aye.
07:18PM 5 MS. MILSCHEWSKI: Teeling.
6 ALDERWOMAN TEELING: Aye.
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7 MS. MILSCHEWSKI: Gilson.
8 ALDERMAN GILSON: Aye.
9 MAYOR BURD: The public hearing will be
07:18PM 10 closed.
11 (Which were all the
12 proceedings had in
13 public hearing at the
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15 aforementioned.)
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1 STATE OF ILLINOIS. )
SS.
2 COUNTY OF LA SALLE )
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3 I, Christine M. Vitosh, a Certified
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;I 4 Shorthand Reporter, do hereby certify that I
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5 reported in shorthand the proceedings had at the
6 hearing of the above - entitled cause and that the
7 foregoing Report of Proceedings, Pages 1 through
8 15, inclusive, is a true, correct, and complete
9 transcript of my shorthand notes so taken at the
10 time and place aforesaid.
11 I further certify that I am neither
12 counsel for nor related to counsel for any of the
13 parties to this suit, nor am I in any way related
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I 14 to any of the parties to this suit, nor am I in
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15 any way interested in the outcome thereof.
16 I further certify that my
17 certificate annexed hereto applies to the original
18 transcript and copies thereof, signed and
19 certified under my hand only. I assume no
20 responsibility for the accuracy of any reproduced
21 copies not made under my control or direction.
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1 In testimony whereof, I have
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2 hereunto set my hand this 18th day of August,
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3 A.D., 2009.
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6 Christine M. Vitosh, CSR
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U above - entitled 6:12, 12:4,12:5 3:2, 6:14, 6:18, - 9:2 date [s1- 7:15,
[z] - 1:13, 14:6 annexed (1] - 6:22, 7:12, 7:20, concept [1] - 5:4 7:16, 7:18, 7:21,
absolutely (z] - 14:17 8:1, 8:6, 8:14, conditions [z] - 9:7, 13:14
084- 002883 [1] - 8 :12, 8:14 appeared I1] - 8:17, 9:10, 9:19, 4:18, 5:15 Development
15:7 accomplished 2:20 10:7.11:1, 11:7, consider [z] - (3] - 6:23, 7:3, 7:8
(1] - 5:20 application (z) - 11:11, 12:14, 5:14, 11:19 DIANE [1] - 2:10
accuracy I1] - 3:3, 6:24 12:16, 13:9 considered 121 - difficult [1] -
14:20 applies [1] - 12:3, 12:4 12:7
1 I1] - 14:7 acres [41- 3:9, 14:17 C consists [z] - direction [11-
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i Depo•Court Reporting Service (630) 983 -0030
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Depo•Court Reporting Service (630) 983 -0030
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i
Memorandum
To: City Council
EST. From: Susan Mika, Finance Director
-t y CC: Brendan McLaughlin, City Administrator
Date: August 11, 2009
L4k ;���� Subject: Bill List Questions
I Listed below are the responses to questions from tonight's bill list:
1. Employee Benefits Corporation, $1,277.40: Employees contribute to a medical flex
spending account as a deduction during each payroll. Currently, the employees have
requested a reimbursement greater than what they have contributed so far. Therefore, that
has caused a shortage in the pending m
g p g a ounts that are with the Employee Benefits
Corporation. I asked the Mayor for authorization to advance one payroll's worth of
contribution and this will be replenished at the last payroll in April, 2010.
2. First Non - profit, $5,013.50: This is our quarterly unemployment premium.
3. Laura Haake, $450.00: Laura will be attending training at this conference necessary for
her Landscape Architech registration exam and she is paying for those training sessions
herself. This fee is for the conference registration only. Note that Laura will be paying
for her accommodations, food and travel for this conference as well.
4. ICCI, $356.25: Anna Kurtzman, ICCI, reviewed the plans for both Fountain View and
Kendallwood Estates (Kendall Land) between the period of 7/13 -7/24. She prepared
reports for both developements for Plan Council review. There are deposits on hand for
each of these petitions, and the services should be paid from those deposits (ARO).
5. Visa, $351.72: The Community Relations budget was charged for these expenses. The
department head utilized the City Visa to purchase these items. All expenses are coded
under the vendor name and then the appropriate department's budget is charged for the
expense, such as it was here.
If you have any questions or concerns, please do not hesitate to contact me.
Page 1 of 2
Jackie Milschewski
I
From: "Susan Mika" <SMika @yorkville.il.us>
j To: "Jackie Milschewski" <jzm40l @sbcglobal.net>
Sent: Wednesday, August 12, 2009 9:24 AM
Subject: FW: Budget and Bill List
Jackie,
Here you go.
Susan Mika
Finance Director
United City of Yorkville
630.553.8534 Direct
630.553.7575 Fax
- - - -- Original Message---- -
From: P-ilsonwardl a,comcast.net [mailto:gilsonwardl @comcast.net]
Sent: Monday, August 10, 2009 12:38 AM
To: Susan Mika
Subject: Budget and Bill List
Susan,
I would like additional information to be provided to the City Council during our discussion on the
budget:
1) Was the transfer from our Rainy Day fund included in the reporting on the budget at the end of the
last fiscal year?
2) Was the projected $1.6 million surplus including the dollars used from the Rainy Day Fund?
3) Can you also please itemize and provide a detailed account for each reduction listed?
4) What was the total dollars spent on attorney's fees in the 07/08 budget as compared to what we have
budgeted and spent on attorney's fees in the 08/09 budget? (Please refer only to the costs associated to
the City Attorney)
5 h i h current 1
What s the cu e t tots dollars available in our Rainy Day fund.
6) Please include up -to -date general fund totals in both dollars and percentages along with the same for
the past 6 months. Has our general fund decreased dramatically in the past 6 Months?
Also,
Please include projected revenues from Club 47 before the actual acquisition and the revenues reported
once we acquired the facility. Did the revenues projected from Club 47 fall anywhere near the revenues
realized? Was this independently audited? Why were revenues at such a large disparity?
Last,
I have many questions on the bill list that I would like some clarity on:
1) Page 5 - Employee Benefits Corporation - Please detail "Contingencies"
2) Page 8 - FirstNon - Please detail benefits - Unemployment Comp
3)Page 8 - Laura Haake - Was this a required conference and or training? Was this a necessity for
something specific?
4) Page 9 - Please detail in advance the A/R Other for Fountainview, Kendall Land under International
8/16/2009
Page 2 of 2
Codes
5) Page 21 - Why is the pleated fans and candy under Visa, not tagged to Community Relations?
Respectfully,
George Gilson Jr.
Alderman - Ward 1
Sent from my B1ackBerry(r) wireless device from U.S. Cellular
i
8/16/2009
0 -0 Memorandum
r To: City Council
EST. �- _ 1836 From: Mayor Burd & Susan Mika, Finance Director
-�' CC: Brendan McLaughlin, City Administrator
Date: July 21, 2009
K-Wk C-y `,� 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 Budizet 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 -- NtrS h649ct X 15, b"O
Engineering $549,097 $525,240 $23,857 C&co1 cA-
Police $3,239,524 $3,125,952 $113,572
Comm Develop $583,704 $487,295 $96,409 LiLYQ{m- t�
Streets $573,473 $553,237 $20,236
Health & Sanitation $1,306,000 $1,126,000 $180,000
Total Expenses $13,331,770 $12,003,729 $1,328,041
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.
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 j ournal 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
O'° Cary
At Memorandum
To: City Council
EST. , = 1836 From: Mayor Burd & Susan Mika, Finance Director
O co CC: Brendan McLaughlin, City Administrator
;P �m�ua p Date: August 11, 2009
<LEc Subject: FY 08/09 Budget Questions
1) Yes, the transfer from our fund balance was included in the reporting on the budget at the
end of the last fiscal year. See page 2 of the July 21, 2009 memo in your City Council
packet.
2) Yes, the projected $1.6 million surplus included the dollars used from the fund balance.
See page 2 of the July 21, 2009 memo in your City Council packet.
3) The breakout per department is listed on the July 21, 2009 memo in your City Council
packet. I have also included, from the City's website, a copy of the April 30, 2009
budget report.
4) The total dollars spent on the City attorney fees in the 07/08 and 08/09 budget are below.
This does not include development fees that the City attorney collected.
07/08 (Mike Roth & KFO) 08/09 (KFO)
Revised $180,000 $250,000
Original $85,000 $120,000
Actual $157,451.45 $151,432.85
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5) Our estimated fund balance is $1.6 million, unaudited. Unfortunately, we have
outstanding issues left over from the previous administration that may affect the fund
balance. I am working with the Community Development Director and the City
Administrator with a report that will be forthcoming shortly to the Administration
Committee. These are collectable fees from developments that had been started under the
past administration.
6) I have attached a copy of the March and April Treasurer's Report for your review. The
General Fund has decreased at the end of the fiscal year. This is a normal business cycle
for municipalities in general, as municipalities are not for profit organizations. There
should not be a large surplus at the end of a fiscal year, as tax payers of our City can view
this as overtaxing our residents.
United City of Yorkville
Kendall County, IL
Monthly Treasurer's Report
Pre Audit Financial Summary
As of March 31, 2009 FY FY
Revised Revised
Beginning March March Ending FYTD Budgeted FXTD Budgeted
Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses
01 General 1,015,069 926,392 1,379,088 562,373 9,352,960 10,9I3,842 11,415,449 12,003,730
11 Fox Hill SSA (13,540) - 120 (13,660) 6,353 6,376 20,012 19,892
12 Sunflower SSA 2,071 - 122 1,949 15,939 15,925 13,990 15,925
15 Motor Fuel Tax 182,317 26,392 10,400 198,310 237,323 752,588 414,185 705,320
I6 Municipal Building (547,074) 750 - (546,324) 12,750 (486,524) 44,550 59,400
20 PD Capital 204,072 3,025 7,021 200,076 43,806 229,796 40,994 229,796
21 PW Capital 195,359 3,500 6,858 192,001 90,300 612,295 405,594 520,000
22 Parks & Rec Equip Capital 25,752 - - 25,752 33,472 80,197 51,095 80,197
23 City Wide Capital (200,278) 2,500 - (197,778) 193,500 420,000 39I,278 501,317
42 Debt Service (274,794) 125 - (274,669) 387,712 247,265 425,124 484,524
51 Water Ops. & Itrtprv. 14,430,298 28,020 108,826 14,349,492 1,993,988 2,763,275 2,419,481 2,763,275
52 Sewer 1,455,527 16,092 22,548 1,449,070 1,033,610 3,380,199 2,183,127 1,687,188
72 Land Cash (995,972) 2,619 169,000 (1,162,353) 127,972 852,584 747,832 847,823
79 Parks & Recreation 31,663 354,736 165,583 220,816 1,699,115 1,501,602 1,450,602 1,515,159
80 Recreation Center (74,577) 46,900 58,469 (86,146) 444,452 569,650 530,717 583,632
82 Library 994,808 2,375 88,642 908,541 1,225,565 2,268,746 1,201,733 2,268,746
85 Fox Industrial 311,289 19 25,680 285,627 208,887 385,890 106,487 385,890
87 Countryside TIF Project 2,770,619 1,115 - 2,771,734 45,088 2,931,051 155,963 2,931,051
88 Downtown TIF 75,417 - 25,805 49,612 75,139 93,491 53,900 93,491
95 Trust & Agency 496,939 12,638 273,208 236,368 7,325,262 - 7,088,894 -
Totals 20,084,965 1,427,198 2,341,370 19,170,793 24,553,193 27,538,248 29,161,005 27,696,356
Note: Revenue deficit to be offxt with fund balance.
As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is
accurate as of the date detailed herein. Full detail information is available in the Finance Department.
William Powell, Treasurer
Fund Balance Reserve Mar -09 Feb -09 Jan -09 Dec -08 Nov -08 Oct -08 Sep-08 Aug -08
General Fund 4.68% 8.96% 10.69% 15.37% 14.98% 20.18% 25.08% 19.08%
Water Ops. & Imorv. 98.04% 98.59% 9822% - 11.29% - 10.19% -8.35% - 10.08 %, -9.94%
Sewer Ops. & Imvrv. 36.03% 36.19% 35.13% 122.53% 134.78% 134.79% 131.14% 131.05%
Combined Fund Balance 53.4% 56.4% 56.7% 16.7% 18.76/0 21.63% 22.14% 19.90%
Prepared by: Colleen Sullivan
United City of Yorkville
Kendall County, IL
Monthly Treasurer's Report
Pre Audit Financial Summary .
As of April 30, 2009
FY FY
Revised Revised
Beginning April April 'Ending FYTD Budgeted FYTD Budgeted
Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses
Of General 562,373 1,116,210 1,605,046 286,141 10,469,169 10,913,842 13,020,495 12,003,730
11 Fox Hill SSA (13,660) - - (13,660) 6,353 6,376 20,012 19,892
12 Sunflower SSA I,949 - 850 1,099 15,939 15,925 14,840 15,925
15 Motor Fuel Tax 198,310 160,130 48,019 310,420 397,453 752,588 462,204 705,320
16 Municipal Building (546,324) 900 14,850 (560,274) 13,650 (486,524) 59,400 59,400
20 PD Capital 200,076 2,401 7,375 195,102 46,207 229,796 48,369 229,7%
21 PW Capital 192,001 4.200 6,965 189,237 94,500 612,295 412.559 520,000
22 Parks & Rec Equip Capital 25,752 - 0 25,752 33,472 80,197 51,095 80,197
23 City Wide Capital (197,778) 104,600 - (93,178) 298,100 420,000 391,278 501,317
42 Debt Service (274,669) 121,281 - (153,388) 508,993 247,265 425.124 484,524
51 Water Ops. & Imprv. 14,349,492 287,886 321,281 16,601,135 2,281,875 2,763,275 2,740,762 3,213,275
52 Sewer 1,449,070 170,016 128,476 2,844,439 1,203,626 3,380,199 2,311,604 1,837,188
72 Land Cash (1,162,353) 606,128 9,292 (295,847) 734,100 852,584 757,124 847.823
79 Parks & Recreation 220,816 (156,464) 181,531 (117,515) 1,542,651 1,501,602 1,632,133 1,515,159
80 Recreation Center (86,146) 53,540 45,207 (77,778) 497,992 569,650 575,924 583,632
82 Library 908,541 2,981 128,543 782,979 1,228,546 2,268,746 1,330,276 2,268,746
85 Fox Industrial 285,627 15 - 285,642 208,902 385,890 106,487 385,890
87 Countryside TIF Project 2,771,734 689 271 2,772,153 45,777 2,931,051 I56,234 2,931,051
88 Downtown TIT 49,612 - 37 49,575 75.139 93,491 53,937 93,49I
95 Trust & Agency 236,368 492,496 489,771 239,093 7,817,758 - 7,578,665 -
!
Totals 19,170,793 2,967,008 2,987,516 23,271,126 27,520,201 27,538,248 32,148,522 28,296,356
Not= It-oe doll m be °Ind with fond b. o.-
As Treasurer of the United City of Yorkville, I hereby attest, to the best ol7my knowledge, that the information contained in this Treasurer's Report is
accurate as of the date detailed heroin. Full detail information is available in the Finance Department.
`Ending balance may include fiscal year -end adjustments.
William Powell, Treasurer
Fund Balance Reserve Apr -09 Mar -09 Feb -09 Jan -O9 Dec -08 11 Nov -08 Oct -08 I Sep -08
General Fund 2.38 °J °� 4.68 %JJ 8.96 %1 10.69 %1 1 15.37% 1 14,98% 20.18% 1 25.08%
Water Ops. & Imprv. 1 113.42°/° 98.04%1 98.59°/°+ 98.22 %1 I - 11.29% 1 - 10.19% 1 -8.35% 1 - 10.08%
Sewer Ops. & Imprv. i 80.76°x1 1 36.03;011 36.19 %Il 35.13°/°! ! 122.53% 1 134,78!° 134.79% 131.14%
Combined Fund Balance I I 65.4%11 53.4%11 56.4 %I l 56.7 %1 I 16.7% 1 18.76% 1 21.63% 1 22.14%
Prepared by: Colleen Sullivan
Memorandum
mRkv�uE To: City Council
A From: Bart Olson, Interim Director of Parks and Recreation
PARKS A RECREATION CC:
Date: August 11, 2009
� Subject: Budget discussion — Parks and Recreation
Full analysis of Parks and Recreation budgets (land -cash, capital, operating, and REC
Center) will be conducted at a future Park Board meeting and then brought to City Council for a
detailed presentation if you wish. This memo is a preliminary look at that discussion.
All numbers listed in the memo in the packet from Mayor Burd and Finance Director Mika
are unaudited numbers, meaning the numbers will change from now until the audit. The result is
that the Parks and Recreation deficit will be lower than $205,090. As I have been explaining to
the Park Board for the past few weeks, and as Finance Director Mika just stated, the budget
reports at the beginning of the year and the end of the year contain dollar amounts which have
been charged to line items which will be removed at a later date. This is done to as part of
proper accounting and auditing procedures. The appearance, as is in the case of salaries, is that
the salaries line -item is overspent. In fact, there are figures which are shown as expenses on the
budget report that will be credited at the end of the fiscal year. These figures include all
unclaimed personal time off for all employees within the Parks and Recreation department. This
amount is shown in the budget report currently (for proper accounting and auditing purposes),
but it will be credited out prior to the end of the audit. The result is that, as stated above, the
deficit for FY 08/09 will be lower than what was listed.
Prior to entering a discussion on the Parks and Recreation budget, and although the Parks and
Recreation deficit is listed above as one dollar amount, it should be noted that the Parks and
Recreation budget comprises four different budget funds, which should be analyzed separately.
Of the Parks and Recreation deficit, we expect around $60,000 to be attributed to the Parks and
Recreation operating budget (fund 79) and around $80,000 to be attributed to the REC Center
(fund 80). This is important because the operating budget receives a subsidy from the general
fund each year in the form of a general fund transfer, while the REC Center does not.
REC Center
Contrary to occasional public opinion, the REC Center is being leased — it is not owned by
the City. The lease term is July 1, 2008 through June 30, 2013, with an option for a 5 year
extension. The City does have the right to purchase at the end of either the original lease terra or
at the end of the extended lease term. Notice to purchase the building, renew the lease or
terminate the lease, must be given 18 months prior to lease termination (which is December 31,
2011).
The REC Center budget first year deficit is primarily due to membership fee revenues. The
REC Center budget in total for FY 08/09 is around $600,000. The original business plan for the
lease agreement assumed that the entire REC Center budget would be around $800,000, of which
$500,000 would be membership revenues. The original FY 08/09 budget was for $623,000 in
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total, of which $423,000 would be membership revenues. The revised budget dropped to
$569,000 in total and $333,000 of membership revenues. Therefore, membership revenues,
which were initially thought to be in the neighborhood of $500,000 per year, and then down to
$423,000 at original budget, have now been reduced to around $330,000. The decrease in
budgeted membership revenue from original budget to revised budget equals the expected deficit
in the REC Center.
The prudent question at this point is "why did the membership revenue estimates decrease
from $500,000 to $330,000 ?" The first area to investigate is the number of membership
contracts (or number of people with contracts); if the number of people with memberships at the
REC Center has decreased since the lease, then it would stand to reason that membership
revenues would also decrease. The number of contracts listed in the business plan (September
2007) was 800. The number of contracts on August 1, 2008 was 700, and the number of
contracts as of August 1, 2009 is 1,200. It appears the number of contracts initially was lower
than what was expected in the business plan, which could indicate that 100 members left
between September 2007 and August 1, 2008. However, since the number of members is now
1,200 we would expect that membership revenues in August 2009 would outperform
membership revenues from August 1, 2008.'
The next area to investigate is the price of memberships. Membership fees, for the most part,
were decreased from Club 47 operations in the first year. Also, all memberships in Club 47 were
the equivalent to the REC Center's "premier" level. When the "basic" level was introduced, the
City was attempting to attract new customers (and did so successfully). However, there has been
some transfer of individuals from premier to basic levels.
One very important aspect of the membership base which affects total membership revenue
is the timing of payments. Most long -terns memberships (which constitute most of the revenue)
are paid monthly. Meaning the membership spike seen in January, Feb, March of 2009 will not
show up financially in FY 08/09 to any significant extent. For example, a person who signs on
in January will make just 3 monthly payments in FY 08/09. The rest will be booked in FY
09/10. This means that the membership increases felt in FY 08/09 will be most effective in FY
09/10.
So what does the increase in number of memberships, the price cuts (and then price
increases) on certain levels of membership, the high occurrence of users who pay memberships
on a monthly basis, and two additional months of revenue mean for FY 09/10? It means that
membership revenues should beat our budgeted number for FY 10 /11 ($400,000). Even with
the summer month revenues (typically lower), we are on pace through two months to meet
membership revenue numbers. I am also optimistic that the membership revenues will be
higher than the budgeted number, perhaps enough to eliminate a large portion of the REC
Center deficit this ,year. In some of the membership categories, the amount of revenue we have
received commitments to in FY 08/09 and the memberships we've received (new) in May and
Data has not been finalized, but the early estimate is that membership revenues in June 2009 were almost double
the revenues in July 2008.
2 New Year's resolutions, the end of the holiday season and the quick approach of spring break often produce a large
amount of new customers in January, February, and March.
June 2009 are greater than the total amount of money we received in that membership category
last year.
Finally, some have made a leap to the conclusion that the REC Center is in deficit because of
overspending or more specifically overspending on maintenance items. I have attached a pie
chart which shows the percentage of maintenance /repair costs in the FY 08/09 budget. To note,
the lease of the building is currently 31 % of all expenses in the REC Center. Maintenance and
repair costs on the building constitute only 5% of the budget. While some of that 5% can be
attributed to repairs which were unanticipated, blaming the deficit on maintenance costs would
be improper. On a side note, property taxes are listed as $0 and 0% in the pie chart. In FY
09/10, property taxes of $26,000 were paid by the City (slightly less than 5% of the entire
expenses). The following year's budget, FY 10 /11, will include property taxes of $52,000 (two
payments instead of one). This represents almost 10% of the entire budget. I have reason to
believe that the City should be able to classify this property as exempt, which would eliminate all
$52,000 in FY 10 /11.
OueratinR budget
The Parks and Recreation operating budget (fund 79) was to receive a $1.2 million transfer
from the general fund in FY 08/09. Mayor Burd demanded budget cuts in fall /early winter 2008,
Parks and Recreation, and it appears that Parks and Recreation did not see any significant cuts in
expenses until early Spring 2009. The cuts that were demanded by the Mayor were supposed to
match a decrease in the transfer from the general fund. This decrease in the transfer took place,
and cuts were not made. When the cuts were not made, the expenses exceeded the revenues (the
expenses were generally in line with the original budgeted amount, however). If the decrease in
the transfer from the general fund was not made, the operating budget would have probably been
balanced.
Miscellaneous
Land -cash funds can not be used to balance the general fund budget. Land -cash fees are
impact fees collected at time of building permit to be used for park -land acquisition or
development and the improvement of existing parks.
From Ordinance 1996 -3, "the cash contribution in lieu of park and
recreation land dedication shall be held in trust by the City or other
public body designated by the City for the acquisition of park or
recreational land as herein classified, which will be available to
serve the immediate and future needs of the residents of that
subdivision or development, or for the improvement of other
existing local park and recreation lands which already serves such
needs."
Ouestions received from aldermen
1) Review of all revenues and expenses for land -cash, parks capital, Parks and Recreation
operating and REC Center budgets.
a. This function is performed twice per month at Park Board. I can provide the
Council with copies of the Parks and Recreation bill lists, our June 2009 budget
report and the memo I prepared to accompany the discussion o the budget report.
Alternatively, the Park Board meeting is open to the public.
2) Did the revenues projected from Club 47 fall anywhere near the revenues realized?
i. Projected revenues in full were dictated in both the business plan (Sept
2007) and the first budget (April 2008). Membership revenues are
discussed in detail above. All other revenues fell near the estimated
amounts, with the exception of program fees. Program fees will fall
within the amount originally budgeted. The budget number for program
fees was increased at revised budget, but it appears the actual figures will
match the original budget.
3) Was this independently audited (the business plan)?
i. The business plan was audited by a business acquisition consultant and a
financial consultant, but neither of which professed to have any recreation
knowledge in their reports. Speer (financial) made some issue of the
assumed 10% increase in membership revenues each year. Staff and the
consultants had access to financial reports from the REC Center also.
4) Why were revenues at such a large disparity?
i. I would not characterize revenues as a group at a large disparity. Many of
them were in line with what was expected. The discussion on membership
revenues is discussed in depth above. In short, my guess is that the effect
of the timing of payments for yearly memberships and the initial price cuts
was underestimated.
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Expenses - REC Center
FY 08/09
Maintenance (Operating), 16,314, Pool Programming, 535, 0%
3%
Property - ,
Operating, 19,244, 3% Tax, 0%
Staffing, 19,745, 3%
Programming, 25,651 , 4%
H Lease, 175,000 , 31%
Full -Time Salaries, 27,866, 5%
Capital, 28,351 , 5%
r� i tN 4
Maintenance (Building), 31,296,
5%
Utilities, 44,678 , 8%
Part-Time Salaries (Programming),
95,692,17%
Part-Time Salaries (Staffing),
91,552,16%
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DUalftd rows 6 Law Enforcement Incident History
Location comp) CT DP
Incident Unit Nature code Date Time Location Apt Grid Zone Area PDID Occarred Recom Complainant phone Officer Init [nit
2008045710— 237 1 SARK- 3008 7520/2068 21:57 2001 35086 2 YPTO 200 32371 RON 60653 021221 WC SMC
PARKING aRIDGE 3175
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PARKING BRIDGE
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