City Council Minutes 2009 10-27-09 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. OCTOBER 27.2009
Mayor Pro Tem Golinski called the meeting to order at 7:01 p.m. and led the Council in the Pledge of
Allegiance.
ROLL CALL
_ Deputy Clerk Pickering called the roll.
Ward I Gilson Present (via telephone)
Werderich Present
Ward II Golinski Present
Plocher Present
Ward III Munns Present (left at approx. 9:05)
Sutcliff Present
Ward IV Teeling Present
Spears Present
Attorney Orr asked Alderman Gilson to state for the record the reason that he was participating via
telephone. Alderman Gilson stated that the reason he was attending by telephone was that he was away
on business. Attorney Orr said that was one of the permissible excuses to be present by telephonic
communication.
Also present: City Treasurer Powell, Deputy Clerk Pickering, City Attorney Orr, Finance Director Mika,
Public Works Director Dhuse, Police Lieutenants Hart and Schwartzkopf, Community Development
Director Miller, City Engineer Wywrot, Superintendent of Parks Sleezer, and Public Relations Officer
Spies.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS,
Mayor Pro Tem Golinski asked the staff and guests to introduce themselves. He welcomed the guests and
asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA,
Alderman Spears asked that Item #4 — In -Town Road Program Phase 2 — Roadway Change Order 45
(PW 2009 -98) be removed from the consent agenda and put on the regular agenda. Alderman Gilson
concurred with this request.
Alderman Gilson asked the Item #7 — IDOT Highway Permit and Resolution for Kalant Office (PW
2009 -101), Item 48 — City /State Joint Agreement & NET Appropriation Resolution for Route 47 Project
(PW 2009 -106), Item 49 — Raintree Village — Property Conveyance (PW 2009 -107), and Item #10 —
Raintree Village Unites 2 & 3 — Final Acceptance and Parks Agreement (PW 2009 -108) be removed from
the consent agenda and put on the regular agenda.
Alderman Werderich asked that Item #5 — Merlin's 200,000 Mile Shop (H &H Property Group) Sidewalk
Agreement (PW 2009 -99) be removed from the consent agenda and put on the regular agenda.
It was asked if a vote was needed for these items to be pulled off the consent agenda. Attorney Orr stated
that an amendment to the agenda is strictly limited to the consent agenda, no vote is needed.
COMMITTEE MEETING DATES,
Public Works Committee Meeting: 6:30 p.m., November 17, 2009
City Hall Conference Room
Economic Development Committee: 7:00 p.m., November 3, 2009
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., November 19, 2009
City Hall Conference Room
*will be rescheduled
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — ime 2
Public Safety Committee Meeting: 6:00 p.m., October 29, 2009
City Hall Conference Room
PRESENTATIONS
"Shop Yorkville" Logo Design Winner
Mayor Pro Tem Golinski presented Aaron Rutsay with a Certificate of Recognition for being the winner
of the "Shop Yorkville" logo design contest. Golinski showed everyone a copy of Aaron's design. He
said that it was one of about 16 designs that were submitted. He also presented Aaron with a $50.00 gift
certificate to Stonefire Restaurant.
Clerestory Consulting, LLC
John Wick and Debbie Taylor from Clerestory Consulting, LLC were present to make a presentation to
the city council because they had met with Mayor Burd and Finance Director Mika about the finances of
the city. Mr. Wick said that they are working with a number of other municipalities during these tough
times. He said it was very common across the board to see revenues that are down. Other municipalities
are also finding "structural imbalances" where the majority of the general fund is being allocated for
personnel related expenses. He said that the city's team has done a number of things to keep the city
going but he feels that the city is at a point where there will be a steep gap to fill in next year's budget and
it will need alternatives to choose from as it crafts the budget. Clerestory is an operations consultant who
has worked with a number of private companies and municipalities throughout the years. They have
helped private companies grow and then when there is a down turn they have helped them downsize to
make their operations and workforce the right size for the revenues coming in. They've taken the skills
that they've learned in the private sector and applied them to the municipal area. They are currently
working with Elmhurst, Naperville and Glenview. They proposed three things for Yorkville. First they
will prepare some budget alternatives by looking at the vast number of changes that the city could make.
This could be budget cutting or service cutting, either way it will lower expense items in the budget.
They will use a database to help figure out the size of the city's budget shortfall and what alternatives that
could be taken to make up the majority of the shortfall through service cuts or expenses. This may raise
the question if this is the only option so Clerestory will prepare 3 different alternatives for the city council
to consider. Second, they will use their expertise to do an operational assessment. They will look at the
city's operations to see how it delivers services; i.e. how effectively are they delivered and what options
are available to improving delivery either by increasing services or cutting costs simultaneously. They
have found that they've been able to help municipalities be more productive and deliver more services to
their residents at a lower cost. Third, they will pull together a simple plan to detail where the city is today
to where it wants to be in terms of servicing the community. Some of the plan will contain some service
changes because the city will not be able to provide the same number of services at the same level with
fewer people across the board. There will be some hard decisions to make.
Alderman Spears asked Mr. Wick if the city had already hired Clerestory. Mr. Wick explained that they
have not been hired, they were simply asked to make a presentation on what Clerestory had done for
others. Finance Director Mika said that they were looking to get a general consensus on what the City
Council's thoughts were on this and from there they would take the input and move forward or not.
Alderman Spears also questioned what the total cost for this service is. Mr. Wick said that the estimate is
$9000.00 in project fees plus travel expenses which are estimated to be less than $500.00. Alderman
Spears questioned how long this would take. He said that it would take 2 -3 weeks. She asked if
Clerestory would be implementing the recommended changes. Mr. Wick stated that implementation is
not included but will take place during the entire budget year. The city will want to do much of the
implementation internally. If the city needs help with certain pieces, then Clerestory would be able to
help and that cost would depend on what services they were asked to do. Everything is done on a fixed
fee basis approved in advance. Alderman Spears stated that she has served on the council for eleven
years and they have never needed a consultant to help with the budget. Mr. Wick suggested that the City
Council call some of their references and ask about the quality of the work and the quality of the
recommendations that were made. He also stated that they don't just provide budget help but also
provide recommendations on how the city can provide better services at less cost. This is a process that is
hard to do internally. Alderman Spears said that she has worked for companies that have gone through
various studies and ultimately the companies have ended up going back to the original concept of what
they were doing.
Alderman Munns asked if the city spends $9000.00 what was the guarantee that Clerestory would come
back with any savings or any processes that the City Council liked. Mr. Wick said that the city must
accept their work before they pay Clerestory. He asked that the City Council do it fairly and he indicated
that they stand behind the work that they do and they would not want the city to pay them unhappily.
i
i
The Minutes of the Reeular Meeting of the Citv Council — October 27, 2009 — page 3,
Alderman Sutcliff noted that the city has grown very rapidly and she thought it would be interesting for
someone to come in and see if operations could be streamlined, if they are the best that they can be and/or
if they are working optimally. She asked Mr. Wick if he had examples of other cities and how he has
helped them. He directed the City Council to Elmhurst's website for the public portion of the report that
Clerestory had done for them. Alderman Sutcli_ff questioned what they had looked at so far in regards to
Yorkville. Mr. Wick stated that they have looked at the city's organization, revenues over time and the
press. He said that he can't give a solution yet because it will be specific to where the city wants to go.
It was the consensus of the City Council that this go to the next Administration Committee meeting for
further discussion.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS.
Rita Murphy, Kendall County Senior Services, said that she has been a resident of Yorkville for 20 years.
She thanked the city council for letting her speak to them regarding the garbage fees for senior citizens.
She said that long before she was a senior citizen, she volunteered with seniors. She said that senior
citizens have difficult decisions to make every day. They ask themselves do I cut down on my groceries
or not fill a prescription this week because my funds won't stretch until my next social security check
comes in. The senior citizens did not cause the city to have a deficit, yet the first thing the council does is
to take something away from the seniors. She asked if the council had looked at any other options. She
said that 75% of seniors can't pay the increased fee. She feels that this is the time to help our senior
citizens, not to hurt them with another debt which they cannot afford.
Charmaine Soukup said that she agrees with the comments made by Rita Murphy. She said that her
medicine costs her $349.00 per month and without help, she would not be able to afford her medicine.
She said that the extra $40.00 on every utility bill would be a shock. She said that she cannot afford that
much.
Tammy Reynolds, Grande Reserve Subdivision, said that most of Grande Reserve residents were
wondering what is going on with the earthworks letter of credit reduction for Grande Reserve. She said
that there is no bus service, no sidewalks, and some streetlights that do not work in Grande Reserve, yet
they pay a big SSA. She said the streets are falling apart, curbs are crumbling and there are weeds
coming out of the streets throughout the subdivision. She said that Grande Reserve was marketed as the
premier community of Yorkville; however, it is not. She said that residents are just looking for some
answers.
Wendy Martin., Grande Reserve Subdivision, commented that she is frustrated with the complete lack of
communication with Bank of America and the management company. She asked if the letters of credit
being released will benefit Grande Reserve. If so she would be for it however she is afraid that if the
letters get released that the residents will be forgotten.
Bob Allen said that he wanted to express his appreciation for the decision by Alderman Werderich to
support the improvements being made in Windett Ridge. He said that obviously it's an important
direction to many residents of that community, considering how the community and the residents there
were blindsided by the decrease in the housing values. He feels that the city is making a mature, adult
decision to move forward and approve those roads. He said that considering certain aldermen made some
comments in the newsletter, which is paid for by the taxpayers, that Alderman Werderich and the rest of
the council were not supportive of the people who live in that community, he thinks this is an obvious
situation where mature decisions are being made to stop dwelling on the past and try to face the problems
that are affecting the residents of that neighborhood as soon as possible.
Charlie Martin, Grande Reserve Subdivision, had a few questions about the letters of credit. He asked
why they are still paying the full amount of SSA taxes. He said that the empty lots did not get mowed
until the end of summer. He said that the weeds were tall enough that you could not see a child on a
bicycle on most streets. He also mentioned that weeds were crawling between the curbs and the sewers.
He said that if the city is waiting to pave the streets until a certain percentage of the lots are full, then that
is never going to happen. He hopes that the city can help residents put pressure on Bank of America.
There are a lot of areas that could be paved where the houses are clustered together. He also commented
that the city council can't impose the higher garbage fee on the seniors.
Kristen Otterness, Grande Reserve Subdivision, said that she was concerned over the recent notification
of the Bank of America's letters of credit. She said that they are proposing to re -grade areas where homes
haven't been built yet. She was wondering if that would have any implications on their property values
and property taxes.
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — Mee 4
John Kaufman, Grande Reserve Subdivision, said that they have a long dark road coming into their
subdivision and they have already seen gang signs and graffiti in the subdivision. He is concerned that if
some of the areas are returned to farm fields, then that would potentially be dangerous as it would give
people a place to hide.
Kevin Otterness, Grande Reserve Subdivision, said that he moved here 3 years ago because at the time, he
thought it was a nice community. He no longer thinks this is a nice community. He said that they
invested in a home and in the surrounding area. He commented that if people aren't keeping up with their
homes, then we aren't going to draw people in. He said that he wrote to the Mayor, Alderman Spears and
Alderman Teeling. He doesn't feel that this is going to be a better community unless the city can put
pressure on the management company. He said that this community is falling every year to a lower
standard. He said that a light pole was down in his subdivision for two months. He feels that the city
needs to send someone out to crack down on the residents and the management company.
Charlie Walker, Windett Ridge Subdivision, said that everyone here has put their best interests, as far as
the council, in accepting their responsibilities. He also believes that some of council has lost their way
and hasn't communicated to the residents; however, this shouldn't be a shock or surprise to anyone. He
said that all they have to do is drive around. He stated that he got involved when he realized that he had
lived here for 3 years and his streets weren't paved and he was flooding out but even today, it still isn't
resolved. He said that they have talked about the city budget and he thinks it is systemic that we are
facing a budget crisis. He stated that if the city can't keep track of 1.2 million in builder's fees, then it
can't keep track that Windett Ridge did not receive full funding to the tune of $500,000 less than the
security bond. He says that the city did not collect all of the money from the sanitary district and we
want to bring in a business manager. He said that the time for that has passed. He feels that the council
must act and cut the budget. If the city had collected the money that he just mentioned, then it wouldn't
have to have people come up and prostrate themselves because we are going to hit them every other
month with a $40.00 increase to their garbage collection fees. He said that would not be necessary if the
city was run like a business; however, he was told that it can't be run like a business. He said that he sent
each of the aldermen an email with suggestions, which were probably not well received, and he already
received an answer from two aldermen. He wonders if the rest of them agree, don't agree, or just don't
care. He said that the council is sitting at the cash register and ringing up sales, however, nothing is
happening. He said to try and sell your home, because no one wants to buy it because there is an empty
lot next to it or the streets aren't done.
John Pappas, Grande Reserve Subdivision, said that his main concern was that residents aren't being told
what's going on. He said that he had just found out about the letters of credit a couple of days ago. He
feels that the council shouldn't made decisions for Grande Reserve without checking with the residents of
the subdivision. He feels that someone should be holding Bank of America responsible for getting things
done in Grande Reserve. He said that removing the letter of credit does not sound good. He wants to
know if the city decides to release this letter of credit, then what is the city gaining from doing that. He
also commented that if cornfields are put in, then he feels that there will be problems with animals like
raccoons or coyotes. He feels that someone from Bank of America needs to come to one of these
meetings and answer the resident's questions. He wants to know what the city has done to make sure that
Bank of America is going to take care of the development.
John Butler, Raintree Village Subdivision, said that he is the president of the Raintree Village
homeowner's association. He said that Raintree's covenants and agreement with the homeowners state
that they would give the association to the residents at 80% build out then they can set up their own board
and run their own affairs. At that time, what you have would be a foundation of dollars coming in
through the assessments that allows you to be self - sufficient. He said that Lennar gave it to the
homeowners association at 42% build out. He said that the homeowner's association got stuck with a
$66,000 annual shortfall. He said that Lennar provided no disclosure when they did this. He said that
they have been working to close the gap and they have renegotiated every contract. He said that tonight
Lennar is going to ask for the release of their bond money or letters of credit. They are going to pledge
that they have completed a punch list of items that the city had to sign off. Raintree has 283 residents
who are sharing a $66,000 annual shortfall. The homeowners association is still trying to work with
Lennar to get help with their pond maintenance. He said that Raintree has these ponds which are
environmentally ground breaking and designed to preserve the environment. He thinks they are moving
in the right direction. He encouraged the city council to represent the registered voters and taxpayers and
to be careful with the builders.
Adolpho Zamora, Raintree Village Subdivision, said that he is the secretary of the Raintree Village
homeowner's association. He said that Ms. Haake has verbally agreed to give them language for how the
basins should be kept. He said that they need that language on how to keep up the basins.
The Minutes of the Reuular Meetins of the Citv Council — October 27, 2009 — ime 5
Mark Johnson gave a thank you to Alderman Gilson for attending the city council meeting via
teleconference.
Susie Leider, Raintree Village Subdivision, said that she is the treasurer of the Raintree Village
homeowner's association. She encouraged the Grande Reserve residents that if they keep trying, the end
result will be there.
Tom Gilmour said that we are seeing an illustration of city planning. He added that in all fairness to the
city, he has never seen anything like what this whole country is currently going through. He said that if
we don't have something to offer as a community, then people will not want to move here and it will also
degrade the property values of everyone in town.
Fred DuSell, River's Edge Subdivision, said a thank you to Alderman Golinski, the City Council, Public
Works and everyone involved with the re- paving on Fox Road.
CONSENT AGENDA
1. Ordinance 2009 -59 Amending Ordinance No. 1993 -26 Establishing a Fee for the Collection of
Delinquent Utility Bills - authorize Mayor and City Clerk to execute (ADM 2009 -62)
2. Water Department Report for July 2009 (PW 2009 -96)
3. Water Department Report for August 2009 (PW 2009 -97)
4. Newlywed Foods — Utility Drainage Easement - authorize Mayor and City Clerk to execute (PW
2009 -100)
Mayor Pro Tem Golinski entertained a motion to approve the Consent Agenda as amended. So moved by
Alderman Werderich; seconded by Alderman Mums.
Motion approved by a roll call vote. Ayes -8 Nays -0
Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye,
Mums -aye, Sutcliff -aye, Gilson -aye, Teeling -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL,
No Report.
MINUTES FOR APPROVAL,
A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of
September 22, 2009 and the Special City Council Meeting (Joint Meeting with ZBA) of September 22,
2009; seconded by Alderman Spears.
Alderman Gilson had a couple of changes to the minutes of the Special City Council Meeting of
September 22, 2009. The header on page 2 of the minutes should be changed from October 13, 2009 to
September 22, 2009. He also had a change to the first sentence in the fourth paragraph on page 2 the
minutes. He said that some City Council members complain about the length of City Council meetings.
His concern was that if he had a lot of questions to ask, how would this affect meetings. Mayor Pro Tern
Golinski called for a viva voce vote of the minutes with corrections.
Motion approved unanim ously by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated October 20, 2009 totaling the following amounts: checks in the amount of $2,892,212.68
(vendors); $272,412.27 (payroll period ending 10/10/09); for a total of $3,164,624.95; seconded by
Alderman Spears.
Alderman Gilson questioned the $175.00 charge from Illinois Audio Productions, listed on page 12 for
phone messages. Community Relations Officer Spies said that charge was because we had our on hold
phone message updated and changed. She said that it not been done in approximately five years.
Alderman Gilson questioned if this was something that could have been done in house. Spies said that we
had not done this in house before. She stated that she used the same company that the police department
had used in the past.
Alderman Gilson also questioned the Allied Ice Forum bill on page 2 for the Holiday under the Stars Ice
Rink Deposit. He wanted to know if the rental of the ice rink will be completely covered by donations for
this event and how much are we paying for rental in full for the ice rink. Community Relations Officer
Spies replied that all of the expenses for Holiday under the Stars will be covered by sponsorships.
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — na4 6
Alderman Gilson questioned how much the city was spending on the ice rink? Spies said that the cost of
the ice rink is $2000.00, which will be covered by sponsorships.
Alderman Gilson also questioned the Ice Mountain water bill listed on page 12 for Police, Finance and
Admire water. He asked if we are spending this much money on a monthly basis for these departments
and how much does it cost annually. Finance Director Mika said that she would have to pull all of the
invoices and look at them to determine how much the annual cost is.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye,
Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye
REPORTS
MAYOR'S REPORT
Amending the Code of Ordinances Providing for the
Imposition of a Garbage and Refuse Pick -Up Surcharge
(CC 2009 -84)
Mayor Pro Tem Golinski entertained a motion to approve an Ordinance Amending the Code of
Ordinances Providing for the Imposition of a Garbage and Refuse Pick -Up Surcharge and authorize the
Mayor and City Clerk to execute; seconded by Alderman Munns.
Mayor Pro Tem. Golinski said that this was brought up by Treasurer Powell at a recent Administration
Committee meeting where the budget was being discussed. He noted that along with this, the
Administration Committee is also considering other ideas such as elimination of the newsletter. He said
that he thought that this item was going to go back to committee for additional discussion and to get a
recommendation from them. The committee wanted to see the actual audit numbers before they made
recommendations as to what to do with the budget.
City Treasurer Powell commented that he asked the Administration Committee to address the senior trash
collection fees. He said that the Administration Committee did not say that they wanted to increase the
fee to $40.00 for seniors as someone had mentioned earlier. He recognized that these are difficult times
for seniors however their rate for the last few years has been $1.00 while everyone else's has gone up to
$20.00. City Treasurer Powell said that he knows that people need help as he volunteers at the food
pantry however the City Council is looking at ways to balance the budget.
Alderman Spears commented that she attended the same meeting and that there were two aldermen that
were perfectly fine with raising the fee up to $40.00. She explained that it was brought up under
additional business, rather than on the agenda, so therefore they did not take a vote. She said that the
seniors who are here now, need to be represented by the City Council. She does not think that the City
Council should make them keep coming out meeting after meeting. Alderman Spears said that our city
has lost 1.2 million dollars, and she asks if we are going to nickel and dime the seniors to make up for that
money? She feels that instead we should have held people accountable for those expenses.
Alderman Teeling said that at the Administration Committee meeting, this item was not on the agenda
and that people were just bringing ideas to the table. She feels that it would be wrong to take away the
discount from the seniors. She feels that $10.00 or $20.00 can be a lot of money for some people and it is
very tough on senior citizens. She felt that the subsidy is great and people really need it. Alderman
Teeling felt that there may be an alternative that could help the city a little bit which would be to have a
care and share box on the water bills where residents can voluntarily add a dollar to help defray some of
the costs of this necessary subsidy.
Alderman Munns agreed with Alderman Spears. He wished the committee had done more research. If
senior on a pension is making more than the average family, then maybe that senior should be discluded
from the discount. He stated that he would like to help seniors if they need it however he wasn't sure if
there is a logistical way to monitor this.
Alderman Werderich felt that the council should vote tonight. He said that sometimes when things are
bad, as a governmental body, we shouldn't impose more taxes.
Alderman Gilson stated that after listening to tonight's citizen comments, he would like to see other cuts
made and the effect of those cuts on the budget before services to seniors are cut.
The Minutes of the Regular Meetine of the Citv Council — October 27. 2009 — Va2e 7
Alderman Spears read a quote from the Kendall County Record from the Mayor. She then went on to say
that other aldermen said that they were unaware of how this item had been placed on the agenda. She
commented that if this item was placed on the agenda under the Mayor's report, then it was placed there
by the Mayor.
City Treasurer Powell pointed out that he had mentioned that if they did keep the reduced rate for seniors,
then it should be on a need basis.
Alderman Sutcliff said that she empathizes with the seniors not having enough money. She would like to
investigate ideas with staff and see what can be done. She doesn't want to make any rash decisions.
Alderman Sutcliff entertained a motion to table this back to the Administration Committee. The motion
died due to the lack of a second.
Motion defeated by a roll call vote. Ayes -0 Nays -8
Werderich- nay, Golinski- nay, Teeling- nay, Gilson- nay,
Sutcliff -nay, Munns -nay, Spears -nay, Plocher- nay
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,
Finance Director Mika said that she was trying to get a consensus from the City Council if everyone could
meet on Saturday, November 21 at 9:00 am for a workshop on the revised budget. A few of the aldermen
said that they were not available on that date. Mayor Pro Tem Golinski suggested that an email be sent to
the aldermen with a list of possible dates.
DIRECTOR OF PUBLIC WORKS REPORT,
Director Dhuse reported that the contractor for Heartland Circle is paving the final layer of asphalt and it
should be completed later this week or early next week depending on weather conditions.
CHIEF OF POLICE'S REPORT,
Lt. Hart wanted to remind seniors that tomorrow, October 28, 2009, the Yorkville Police Department will
be hosting the Senior Police Academy from 9:00 a.m. to 3:00 p.m. at the Historic Court House located at
109 W. Ridge St. The event is free of charge and lunch will be included. The theme this year is Senior
Emergency Preparedness.
DIRECTOR OF PARKS & RECREATION'S REPORT,
No Report.
COMMUNITY DEVELOPMENT DIRECTOR REPORT,
Community Development Director Miller reminded the City Council that in August the Integrated
Transportation Plan was approved. At the last Economic Development Committee meeting, the
committee requested that an implementation task force be put together to focus on the goal to make sure
that the momentum is kept up with the plan. The task force met last week and will continue meeting
monthly. Members of the task force include Alderman Golinski, Alderman Werderich, Park Board-
member Debbie Horaz, Travis Miller and Laura. Haake representing staff. Phil StuepfeM the consultant
who helped develop the plan, also attended the first meeting pro bono and has agreed to provide some
assistance along the way. At the November 17` meeting, they will be working on defining priorities.
Director Miller also wanted to remind everyone that the Zoning Commission will be meeting tomorrow
evening, October 28 at 7:00 p.m. at the library. The commission will be taking a comprehensive look at
the zoning ordinance document that they have drafted. Staff will get direction and will spend the next
couple of months polishing that draft. The target date for the public hearing is January 2010.
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — Aaae 8
COMMUNITY RELATIONS OFFICER'S REPORT.
Community Relations Officer Spies reported that on Wednesday, October 21, over 125 community
volunteers attended the Community Appreciation Day. She offered congratulations to the Jacob Carlson,
who was named the youth Volunteer of the Year, and Jill Harker who was named the adult Volunteer of
the Year. She also thanked the high school a cappella group who provided entertainment for the evening.
She also reported that over 200 cars dropped off materials at the Share and Care recycling day.
Community Relations Officer Spies thanked the Kendall County Health Department for their sponsorship
of the event. They covered the cost of the fairground rental.
This year's Holiday under the Stars will be on Friday, November 20, 2009, from 5:00 p.m. until 9:00 p.m.
The event will be held in the downtown area along with Town Square Park. The city is sponsoring this
event; however, no taxpayer money is being expended as all of the activities are being paid for by
sponsorships.
COMMUNITY & LIAISON REPORT,
No Report.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
Grande Reserve — Earthwork Letter of Credit Reduction Policy
(PW 2009 -109)
Alderman Plocher said that this item was brought to City Council from the Public Works committee for
further discussion. He asked City Engineer Wywrot to explain more about this. Engineer Wywrot
explained that the Bank of America (BOA) has requested that some of the letters of credit that they have
in place be reduced or released. Letters of credit are security guarantees to make sure that certain work is
done. The City Council has previously approved some reductions to their letters of credit. They are
asking for the remaining amount in their letters of credit to be reduced. Engineer Wywrot said that there
are two scenarios for the City Council to consider. The first scenario would be for those units where the
plat of subdivision has not been recorded. What BOA is proposing to do is to turn those units back to
agriculture. Engineer Wywrot feels that this request is worthy of consideration. Since the plat is not
recorded, before development occurs on these units, the City Council would have an opportunity at that
time to require them to establish a letter of credit before the final platting. The second scenario is for
units where homes already exist. Right now there are situations where there is a home, then a vacant lot,
then more homes, two vacant lots, etc. What they are proposing to do is to grade those areas with black
dirt, plant grass and construct concrete sidewalks across the front of those lots. The city would need to
make sure that the earthwork had been performed.
Alderman Werderich asked Engineer Wywrot to explain what a letter of credit is. Engineer Wywrot
stated that a letter of credit is basically a promise from a bank that they are there to make sure that
something is done in case the developer doesn't do it. It's a guarantee that is required for public
improvements. This can include earthwork, land improvements, water mains, sewers, sidewalks and
things of that nature. The city wants to make sure that these things are properly constructed. As work is
completed, it is very common for developers to approach the city to ask for a reduction to a letter of credit
in consideration for the work being done. If the work is done, then there is no longer a need to guarantee
it. If the City Council approves the reduction, a certain percentage would be kept back as a retainer to
cover punch list items. Examples of punch list items would be things like a light pole that has been
knocked down or burned out, or a dead tree, or a cracked sidewalk.
Alderman Spears said that BOA has proposed work to be done such as concrete sidewalks and spreading
black dirt, but this has not been completed. She said that she had spoken with a representative of the
Bank of America several months ago and was told many things. She'felt that as long as the work hasn't
been completed, she doesn't know why the city would reduce any letters of credit. She felt that if this
proceeds, the city would have no guarantee that the work would be completed. She said that BOA is
talking about selling the development. She questioned if there is a new buyer, would the city have to go
through this again? Engineer Wywrot explained that they would perform the work before the city would
reduce the letter of credit. Alderman Spears wanted to see the work done first before she considers this.
Alderman Gilson asked if we had considered how our new bond reduction policy applies to this request.
Engineer Wywrot says that they are asking for a release of their letters of credit, not a reduction.
Alderman Gilson asked if we knew why the plats of subdivision for units 10, 11, 18, 21, 25, 26 and 27
were not recorded. City Attorney Orr said that the final plats weren't submitted. We have to wait for the
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — Vase 9
plats to be submitted before we can record them. Alderman Gilson agreed with Alderman Spears that the
city should not release any of the bonds until the work is complete.
Alderman Sutcliff asked if the land went back to agriculture would there be a financial impact on the city
or the homeowner's dues or taxes? Engineer Wywrot said that he did not know what the current
assessment was on the properties. The zoning would not change. Alderman Sutcliff thinks it's a good
idea if they are going to lay seed as long as they maintained the lots. Engineer Wywrot said that the
property owner of the lots would be responsible for maintaining them.
Alderman Teelmg felt that the City Council was in agreement that the bonds should not be reduced until
the work is done. She thought the idea of seeding the vacant lots and putting in sidewalks was great. She
felt that another problem area is the big open fields where there are just tall weeds. She asked is they are
going to do anything with those areas to fix them up. Engineer Wywrot said that certain units have
facilities constructed such as watermains and sewers and those areas need to remain as they are.
Alderman Teeling asked if there was a way to make sure that they took better care of these areas.
Engineer Wywrot explained that this is a code enforcement issue and this is the first year that we've been
working on it.
Alderman Werderich said that the city has had lots of dealings with Bank of America. In his opinion,
from what he has heard from staff and residents who live in some of the areas with lots owned by BOA, is
that BOA is not a good neighbor. He is reluctant to do any kind of a bond or letter of credit decrease due
to the fact that he personally does not trust that the lots would be maintained in the future.
Alderman Plocher said that his concern was that the Council was talking about developers and builders
that in the past failed to even get permits for pouring driveways. He felt that they need to get this work
done regardless.
Alderman Spears asked the Grande Reserve residents to please contact the building department if they
have code violations. She also said that she tried to set -up a meeting with BOA and the management
company and no one would have any part of it. She was told that they were going to be setting up a
website instead.
Alderman Teeling said that she found out from a local resident that many street lights are out. She said
that City Engineer Wywrot went out and marked down all of the street lights in question and the city is
waiting on a work schedule from the management company. She just wanted to let the residents know
that repairs are in the process of being worked on.
Mayor Pro Tern Golinski questioned Engineer Wywrot as to what other letters of credit or bonds are in
place to ensure the completion of infrastructure, paving, and other punch list items in Grande Reserve.
Engineer Wywrot said that most all of the letters of credit are in place for the units north of the railroad
tracks. Those guarantee land improvements, roadways, watermams, storm sewers, sanitary sewers, street
lights, sidewalks, parkway trees and landscaping as well. In the central area of Grande Reserve, there is
an earthwork letter of credit for the entire area around Bristol Ridge Road to the railroad tracks. The
balance of the central area is guaranteed totally by the SSA.
Alderman Werderich noted that there were lots of questions that were brought up by the residents that
came to the meeting today that were not answered by the City Council's discussion tonight. He felt that
these need to be looked at and discussed. He questioned if this should go back to a committee or perhaps
a City Council meeting.
Mayor Pro Tem Golinski said that either suggestion is good. He asked if the council members wanted to
put this on a Public Works agenda. He noted that it has been asked what Yorkville has done or what it is
going to do to address these situations. He said that without the Mayor present or a city administrator it is
really hard to answer these questions. He asked if any of the staff present could answer any of the
resident's questions. Engineer Wywrot said that there are probably 150 or 200 streetlights in Grande
Reserve and that 10 of them are not working. He said that he received an email from the property
manager indicating they requested a proposal from their electrician to repair the streetlights. The
contractor is supposed to be out later this week to look at the lights and prepare a proposal. Engineer
Wywrot said that most of the streetlights that are out in Grande Reserve are due to cut underground wires.
Mayor Pro Tern Golinski said that they had heard residents talk about weeds that were waist high. He
said that it sounds like BOA has gotten out there recently and he asked if this was because of the efforts
of the city contacting them. Director Miller said that the city has made continued efforts throughout the
summer to contact them. He said there was difficulty in the spring when BOA was stepping in right after
the foreclosure process. They officially had ownership, but there was a delay with getting the
management company in place. Throughout the summer, they were diligent in keeping up with the
mowing which the city monitored. Director Miller said that one of the concerns from residents was
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — nage 10
related to parts of the subdivision returning to an agriculture use. Residents were concerned about safety
issues if tall crops were planted because people or animals could hide among the crops. He suggested that
there may be other options for crops that wouldn't be so tall, such as soybeans or something else lower.
He said that the city is trying to set up a meeting with IBT, the management company, before the
Thanksgiving holiday.
Alderman Teeling said that another issue that residents brought up is the way that the weeds are growing
up in the roads, and cracks in the curbs. Engineer Wywrot said that those are punch list items. Alderman
Teeling asked who determines when the punch list items have to be done. Director Miller said that they
would have to be fixed before the city would accept the public improvements. Engineer Wywrot said that
the central area is under the SSA. He said that the roads are still solid roads and the curbing is still in
potentially very good condition. He said it may be an aesthetic problem, but not a structure problem.
Alderman Teeling questioned when the roads would be paved. Engineer Wywrot said that the standard
policy is to not pave the roads until there is a 70% build out of the subdivision or after a certain period of
time, usually 3-4 winters. He said that there are some units of Grande Reserve that are at or beyond that
time frame. The city has had discussions with BOA about the final surface course in a couple of units.
Alderman Spears said that some of the residents had additional questions. She asked if they could allow
the residents to address staff with their questions. Mayor Pro Tem Golinski said that he would grant
them the opportunity.
The first resident felt that they are not getting anywhere even though everyone says that something will be
done soon. He asked if the city operated on the basis of "possibly" or " maybe" or terms like that. He
said that he wants a date. Engineer Wywrot said that the city asked for a schedule two weeks ago for the
streetlights and has not received it. The management company said that they have to contact the
contractors and then the contractors have to get out there. The resident still questioned why the
management company couldn't give a firm answer on when the work will be done. Attorney Orr stated
that the real problem is that the city doesn't have leverage against them. If the lights are out, it's a
building code violation. Her recourse as the city attorney is to bring them into court and sue them which
will cost the taxpayer's money. She said that the city has to make sure before it spends taxpayer money
that it has made every effort. Another difficulty for the city is due to the foreclosure; there was no owner
until the end of May when BOA took over the property. Since this occurred, there have been meetings
with progress being made as a result of those meetings. If the city took the time and the money to sue and
BOA explained everything that they have done this summer, a judge would give them another 60 days or
6 months because they are showing progress. Attorney Orr stated that that doesn't make it satisfactory to
the city of Yorkville or residents but that's what would happen. She said that the city has very little
leverage because its development laws allow for a realistic progression without things tanking in the
middle, but we have to see them play out.
John Pappas felt that even with the letter of credit, the city has no leverage to get them to finish the
blacktop or complete the subdivision. He asked if the LOCs were the leverage that the city has or do they
just come into play if they don't do those things. Engineer Wywrot said that the letters of credit come
into play when they default.
Another resident commented that the problem is the SSA and someone else asked where the SSA money
went. Attorney Orr said that the SSA bond money is gone. She said those bonds were issued to put in the
infrastructure. Engineer Wywrot said that the SSA money included money for blacktop. Attorney Orr
asked if there was any money left in the SSA to finish off the paving. Engineer Wywrot said that he
believed that there was money left to finish off the paving. Attorney Orr stated that she would check into
the balance of the money left in the SSA.
Another resident commented on the 70% build out figure. She asked if the council should re -look at that
number. She said that with the economy, they are not going to be at the 70% build out figure for years.
Attorney Orr said that the laws were written based on the general experience of this country for the past
20 years. The resident also commented about part of the subdivision returning to an agriculture use. She
thought it was great, but she was concerned about the use of pesticides on that land since it is right next to
the school. She also did not want them to spray the weeds with pesticides since she feels that the
pesticides will go right into the sewer and right into the river water.
Another resident questioned where the SSA money has gone, since they are still paying the SSA through
their taxes every year. She said that she has lived there for four winters and her streets have not received
their final paving course. She is also concerned that since there are no sidewalks, the children have to
walk to school in the street.
i
Another resident said that until people came and started looking at the development, nothing had been
done. He said that he has always known a punch list was for fixing the small things after the majority of
The Minutes of the Reeular Meetine of the Citv Council — October 27, 2009 — page 11,
the work was done. He doesn't think that the streets or sidewalks are punch lists issues. He said that
while the streets may be structurally sound, the kids can't ride their bikes or use their skateboards. He
said that he understands what the city is saying about the SSA, that it isn't a bond and that there is no
money sitting in a bank account waiting.
Another resident said that he lives by the pond. He said that this is his 4 th winter there and he has
potholes in front of his house that he hits every time he backs out of his driveway. He asked if his street
was going to be paved. He said that he has 6 houses on his street and one of them just sold that has been
sitting there for 3 years. He said he mowed his yard and he mowed their yard as well because he got tired
of looking at the weeds. He is concerned with who is going to be taking care of the streets that are not
built out. Engineer Wywrot said that the potholes need to be fixed and he asked residents to contact him
with specific locations.
A resident questioned if the council met every other Tuesday. Mayor Pro Tem Golinski said that they
were going to put this on the Public Works Committee agenda which is a forum where it is a little less
formal and people can talk a little bit more. He thinks that they have given the staff plenty of input to try
and get some answers to present at the Public Works committee.
Charlie Walker commented that he had attended a Public Works meeting where they were going to call
bonds and at the next council meeting it never came up. He also said that they know in Windett Ridge
that the SSA Bonds were short by $500,000. The city ordinance for subdivisions requires that a specific
amount be set up to cover this. He said the city made a mistake and did not set -up $500,000 that they
should have. He questioned if that same mistake had been repeated in Grande Reserve and the other SSA
communities. He said that in the case of Windett Ridge, he looks at it as though we gave Bank of
America. $500,000 and if there's work left to be done, why release the money. If that same mistake was
repeated in all SSA communities why even entertain the point of reducing bonds when sufficient funds
were not collected. He would like to see that investigated and reported back to the people of Yorkville.
He said that he respects all of the elected officials and feels that they have a tough job but he does not
appreciate it when a member of council leaves before a meeting is over.
Another resident commented that they need to put some major pressure on the management company and
the bank because he feels that they are not getting anywhere. He said that he is tired of paying $875.00
per year for a pool and grounds and not seeing anything done.
Attorney Orr stated that we will look at the SSA and the development agreements.
Mayor Pro Tem Golinski stated that the resident's complaints were not falling on deaf ears and that the
city attorney and staff will be looking at the issues that have been raised.
In -Town Road Program Phase 2 — Roadway Change Order #5
(PW 2009 -98)
A motion was made by Alderman Plocher to approve the final balancing change order in the amount of a
$17,466.50 decrease; seconded by Mayor Pro Tem Golinski.
Mayor Pro Tem Golinski asked for any comments or questions on this item. Alderman Spears questioned
if the city still owes $40,231.03 to Aurora Blacktop for this contract because the consultant and the city
did not follow through on the paperwork. Engineer Wywrot said that even though this change order
decreases the contract amount, that there is retainage on the contract that needs to be paid. Alderman
Spears asked if we received invoices or statements regarding this money. Engineer Wywrot stated that
we did not receive any.
Alderman Gilson questioned how the city forgot to pay a contractor. Engineer Wywrot said that he
attempted to explain that in his memo. He said that most of the work was performed in a previous year.
There were some landscaping issues that staff was dealing with separately with the landscape contractor
and when they got through with that, staff moved onto the next thing. He did not hear from Aurora
Blacktop or Smith Engineering and he forgot t}iat there was still retainage to pay. Engineer Wywrot said
that the city still has an obligation to pay for the work that they did.
Motion approved by a roll call vote. Ayes -6 Nays -0
Gilson -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye
*Alderman Teeling was not present for the vote.
I
The Minutes of the Regular Meeting of the Citv Council — October 27. 2009 — naee 12
Merlin's 200,000 Mile Shop (H &H Property Group) — Sidewalk Agreement
(PW 2009 -99)
A motion was made by Alderman Plocher to approve PW 2009 -99 regarding the property owner of
Merlin's 200,000 Mile Shop to construct a sidewalk along their Rt. 47 frontage at a later date; seconded
by Mayor Pro Tem Golinski.
Mayor Pro Tem Golinski asked for any comments or questions. Alderman Werderich said that he was the
one who pulled this item off of the consent agenda. He said that he doesn't have a problem with the
motion, however, this particular business is located in a stretch that most likely won't have a sidewalk
because of the surrounding area. He said that they had talked about different ideas to fund sidewalks in
different areas that probably need them. They had also talked along the lines of having a sidewalk bank
similar to how the city sets aside money for parks. He feels that this would be a great example of where
we could use something like that and not require a sidewalk in front of this property because he feels it's
useless there, but right across the street there is a stretch of area where he believes that we do have a
sidewalk dedication and no money to pay for it. He said that he wanted to ask the city attorney what the
legalities would be of doing something like this. Attorney Orr clarified that Alderman Werderich was
asking in lieu of their required sidewalk, that the city should take a payment instead. She said that the
question is would the sidewalk enhance Merlin's property in terms of their own value. Alderman
Werderich said he doesn't know the answer'to that, however, in this case they,are asking us to set it aside,
since there is going to be a trail that will run in front of their property. He thinks this is the perfect
situation to ask for this and Attorney Orr clarified that he thinks that the city should?ask instead for an
account for sidewalk improvements as necessary.
Attorney Orr suggested that since there was not a rush on this item that a motion to table be made to allow
time to look at the options that were discussed.
Alderman Plocher made a motion to table; seconded by Alderman Werderich.
Motion approved by a roll call vote. Ayes -6 Nays -1
Sutcliff-aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay
Resolution 2009 -47 IDOT Highway Permit and Resolution for Kalant Office
(PW 2009 -101)
A motion was made by Alderman Plocher to authorize the Mayor and City Clerk to execute the IDOT
Highway Permit and Resolution for the Kalant Office; seconded by Alderman Spears.
Mayor Pro Tem Golinski asked for any comments or questions. Upon hearing none, he asked Alderman
Gilson if he had any comments or questions as he thought that Alderman Gilson had asked for this item to
be removed from the consent agenda. Alderman Gilson clarified that he had asked for Items 8, 9 & 10 to
be pulled off of the consent agenda. There were no comments or questions on this item.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye
Resolution 2009 -48 City /State Joint Agreement & MFT Appropriation Resolution
for Route 47 Project
(PW 2009 -106)
A motion was made by Alderman Plocher to approve the agreement for the acquisition of the property at
the NW comer of Rt. 47 & Somonauk Street, and for demolition of the house on the property; seconded
by Mayor Pro Tem Golinski.
Mayor Pro Tem Golinski asked for any comments or questions on this item. Alderman Gilson questioned
the cost of demolition. City Engineer Wywrot stated that this agreement is for the city to split the cost of
the demolition with the state 50 -50. Alderman Gilson asked if there was any way to defer the cost.
Engineer Wywrot said that the money would not be due until they contract for the demolition to be done.
We could ask them to defer, however, he doesn't know if they will. Alderman Gilson also questioned
how much our cost would be. Engineer Wywrot stated that our cost is 50% of the actual cost so we are
estimating our portion of the cost to be $20,000. He said that IDOT is bearing the majority of the cost
for this as they are paying the full cost to acquire the property and for half of the demolition. Alderman
Gilson asked if we vote no for this agreement will this hold up the Game Farm Road project. Engineer
Wywrot said that he felt that if we did not approve this agreement, then IDOT might delay the acquisition
of this property.
I
Alderman Spears said that we are paying our taxes to the state which is funding IDOT and now IDOT is
asking the city to also kick in. Engineer Wywrot explained that both the state's Route 47 project and the
The Minutes of the Regular Meeting of the Citv Council — October 27, 2009 — uaae 13
city's Game Farm Road project have impact on this property. When Route 47 is widened and when
Game Farm Road is widened, they will be too close to this house.
Alderman Werderich asked what happens if we don't approve this agreement, does the house just sit
there? Engineer Wywrot thinks that at the very least it might delay the project. Alderman Werderich
asked if they have to demolish the house when they widen Route 47. Engineer Wywrot said that IDOT's
Route 47 project design works around the house. Until recently, they said that they didn't have to knock
the house down. The city has been in touch with them and asked them to reconsider and they agreed.
Motion approved by a roll call vote. Ayes -6 Nays -1
Werderich -aye, Golinski -aye, Teelmg -aye, Gilson -nay, Sutcliff -aye, Spears -aye, Plocher -aye,
Raintree Village — Property Conveyance
(PW 2009 -107)
A motion was made by Alderman Plocher to approve documents to convey part of Lot 106 and Lots 216,
286, and 467 to the city, two lots are park sites and two lots are for the water tower site; seconded by
Mayor Pro Tem Golinski.
Mayor Pro Tem Golinski asked for any comments or questions. Alderman Gilson questioned why these
lots were being acquired. City Engineer said that all of these lots were planned to be owned by the city
for some time. Two of them are for the water tower, well and treatment plants that the city has been
operating for at least the last two years. One is a city park that the city has developed, located just east of
the clubhouse. Alderman Gilson asked about the re mainin g lots that are not currently owned or operated
by the city. Engineer Wywrot said that he believes that these are the last lots. He said that the Lot 286
park site located in Unit 4, the county records say is already city property. Alderman Gilson asked if the
other two lots were for the water tower. Engineer Wywrot said that Lots 216 and 467 are for the water
tower.
Motion approved by a roll call vote. Ayes -6 Nays -0
Gohnski -aye, Teeling -aye, Gilson -aye, Spears -aye, Plocher -aye, Werderich -aye,
*Alderman Sutcliff was not present for the vote.
Raintree Village Units 2 & 3 — Final Acceptance and Parks Agreement
(PW 2009 -108)
A motion was made by Alderman Plocher to approve Raintree Village Units 2 & 3 and final acceptance
of parks agreement; seconded by Mayor Pro Tem Golinski.
Mayor Pro Tem Golinski asked for any comments or questions on this item. Alderman Gilson asked if all
of the punch list items were complete at this point. Engineer Wywrot responded that not all of them were
completed, a handful still remain. Alderman Gilson said that he doesn't want to accept any final
improvements until all of the punch list items are complete. Engineer Wywrot said the letter of
acceptance would not be sent out until all of the items are complete.
Alderman Werderich said that he wanted to wait until they have something in writing from Parks
Designer Laura Haake regarding the pond maintenance for Raintree to give to the homeowner's
association. He said that he is not comfortable approving this until that is done.
Alderman Spears said that she agrees with Alderman Werderich and she thinks that they should wait until
the work is done.
Alderman Teeling said that she is not sure what still needs to be done. Engineer Wywrot explained that
the remaining items are listed in his memo. The developer has met with the Park Board and the Parks
department and they tentatively agreed that the city would assume responsibility for finishing the park
improvements like grading and landscaping in exchange for money.
Mayor Pro Tem Golinski clarified that with the agreement, the city is not reducing any bonds. Engineer
Wywrot agreed that we are not reducing any bonds. He said that the cash payment is to allow the city to
perform the park improvements.
Alderman Werderich asked if we could provide the letter to the homeowner's association. Director Miller
said that his understanding is that the homeowner's association is asking for staff to prepare a list of what
the maintenance obligations are for the pond. He said that Laura Haake has committed to providing the
homeowner's association with a step by step list. He said that this list is not a punch list item.
The Minutes of the ReLyular Meetine of the Citv Council — October 27, 2009 — nacre 14
Mayor Pro Tem Golinski asked Parks Superintendent Sleezer to briefly discuss the parks agreement and
why this agreement would be in the city's best interest. Superintendent Sleezer said that if the developer
went in and made the improvements that they are obligated to do, then when the park is constructed, we
would destroy that work. It is better to for the city to take the money and do the work. He said that we
can perform the work ourselves and we have done this in many park sites.
A representative from Lennar spoke and said that they have been trying to take care of the punch list.
They are asking if the council would take action tonight.
Alderman Werderich asked Mayor Pro Tem Golinski if the president of the homeowner's association
could be allowed to speak. Mayor Pro Tem Golinski granted permission. The homeowner association
president, John Butler, said that they want to know what they are getting into. The ponds in Raintree
Village are unique as they are the first of their type in the city. There are specific requirements for
maintaining them in a certain way. They don't understand what the long term maintenance requirements
are. They have received an estimate from one contractor for almost $300,000 to correct the pond. He
was concerned that, especially with being stuck with the shortfall mentioned earlier, if the city releases
the bonds, that the homeowner's association will be back on their knees in front of Lennar.
Alderman Teeling asked if the city accepts this, then does that mean that the bonds or letters of credit will
no longer apply. The representative from Lennar said that their bonds and letters of credit will apply for
another year. No money is coming back to them right now, after one year, the city will inspect and will
do another punch list and then they will fix those things. He said that they are not asking for any
exceptions. He said that they weren't really using contractors to determine the state of the ponds, they
have been relying on the city to inspect the ponds and let them know.
Alderman Werderich asked the Lennar representative if there was a disadvantage if this was tabled so that
the specific concerns could be addressed. The Lennar representative said that if the policy is that all of
the punch list work has to be finished 100% before council accepts it, then they understand that. They
feel that the private matter between the HOA and Lennar and shouldn't impact this decision. Alderman
Werderich again asked if there was any detriment to a two week delay so that this matter between the
HOA and Lennar could be worked out.
Alderman Werderich made a motion to table to the Nov. 10 City Council meeting; seconded by
Alderman Spears.
Motion to table approved by a roll call vote. Ayes -5 Nays -2
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -nay, Gilson -aye, Sutcliff -nay
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Mayor Pro Tem Golinski asked Director Mika when they would get a copy of the audit. Director Mika
said that she is still waiting to see a draft of it. Mayor Pro Tem Golinski asked if we would be filing an
extension with the state, as the audit has to be filed by October 31, 2009. Director Mika said the audit is
going to be filed by October 31 because it has to be. Mayor Pro Tem Golinski asked if it was going to
be filed with the state before it comes to committee and before the aldermen get a chance to look at it.
Director Mika said that the numbers are what they are, the numbers aren't going to change. If something
does come out, then the auditors could file an amended audit.
Alderman Sutcliff said that someone mentioned to her that some of the striping on Rt. 47 going north in
the turn lane by Jewel is coming off. She said that it's the right turn lane by the credit union where it is
hard to see the lanes. She was wondering if we could re -stripe that.
EXECUTIVE SESSION
None.
I
I
The Minutes of the Regular Meeting of the City Council — October 27, 2009 — Mee 15
ADJOURNMENT
Mayor Pro Tem Golinski entertained a motion to adjourn the meeting. So moved by Alderman
Werderich; seconded by Mayor Pro Tem Gohnski.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjoumed at 10:27 P.M.
Minutes submitted by:
Lisa Pickering
Deputy City Clerk City of Yorkville, Illinois
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October 27, 2009
PLEASE PRINT
NAME: SUBDIVISION OR BUSINESS:
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Memorandum
To: City Council
EST , _ 1836 From: Susan Mika, Finance Director
CC: Mayor Burd; Bart Olson, Assistant City Administrator
p Date: October 27, 2009
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Subject: Additional Bill List Questions
Listed below are the responses to additional questions from the October 27, 2009 bill list. Please
note this additional request was sent to a wrong email address where I did not receive the
original request until this morning. I was also out of the office this morning at a doctor's
appointment, therefore, ample time was not provided for me to completely answer the additional
questions.
1. Page 1 - Under Aurora Area Convention - Please detail $1,407.82 for Finance - Sept
Super 8 Hotel, Marketing Hotel Tax.
Response: This is Hotel tax that was collected by Super 8.
2. Page I - Under AM YORK - Please detail what $40.00 was spent on and for whom for
travel, meals, and lodging.
Response: This was for the Aurora Area convention & visitors bureau meeting. The
Mayor and Alder Sutcliff attended.
3. Page 2 - Under Allcliff Allied Ice Forum, Holiday Under The Stars Ice Rink Deposit -
Will the rental of this ice rink be completely covered by donations for the event? How
much are we paying for rental in full for the ice rink?
Response: Community Relations Officer, Glory Spies will address this tonight.
4. Page 12: Illinois Audio Productions - Community Relations - City Hall on Hold Phone
Messages $175.00.
Response: This is for the message residents hear while they are on hold for a call. This
has not been updated in 5 years.
5. Page 12 - Under International Codes, Admin -Oct. Permits for $14,831.55. Please detail
specifically where this expense for Building Inspections is coming from.
Response: This is from the Department of Building Safety Zoning, Plan Review, and
Inspections from International Codes Consultants and Inspections, Incorporated.
6. Page 12 - Under Ice Mountain, Police, Finance, and Water for $107.50 - Do we spend
these same dollars on a monthly basis for these departments? What plan are we on and
how much does this cost us annually?
Response: I have to spend some time researching and analyzing this for you.
7. Page 22 - Under Brian Betzwiser, PW Capital, 185 Wolf November, PW Building
Payment for $6,857.92 - Please detail. Is this for payment relating to a new PW building
for the United City of Yorkville?
Response: Yes, this has been on the bill list for the same amount each month since we
bought the building.
8. Page 24 & 25- IML Travel and Meal Reimbursement for aldermen. Is there anymore of
these expenses left to be paid?
Response: This question should be answered by your fellow aldermen. I do not have the
ability to know what someone else's intentions are.
If you have any questions or concerns, please do not hesitate to contact me.