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City Council Minutes 2010 07-13-10 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JULY 13, 2010 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 I I Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Public Works Director Dhuse, City Engineer Wywrot, Public Relations Officer Spies, Community Development Director Barksdale - Nobel, Superintendent of Recreation Swithin. 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 Spears requested that Item 92 - Resolution Establishing a Policy for Taking Home City Vehicles (ADM 2010 -41) be removed from the consent agenda and placed on the regular agenda under the Administration Committee Report. Amendment approved unanimously by a viva voce vote. Mayor Burd entertained a motion to table the presentation to the August 10, 2010 City Council meeting. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Mayor Burd requested that the Executive Session be moved up on the agenda to before the Mayor's Report. Amendment approved unanim ously by a viva voce vote. I COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., July 20, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., August 3, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., August 19, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., July 22, 2010 City Hall Conference Room PRESENTATIONS None. The Minutes of the Regular Meeting of the Citv Council — July 13, 2010 — uaze 2 PUBLIC HEARINGS None. CITIZEN COMMENTS None. - CONSENT AGENDA 1. Ordinance 2010 -35 - Amending the Code of Ordinances Providing for Deputy Police Chiefs — authorize Mayor and City Clerk to execute (ADM 2010 -40) 2. Ordinance 2010 -36 - Amending and Restating the Governing Ordinance of the Mayor and City 3. Council of the United City of Yorkville - authorize Mayor and City Clerk to execute (ADM 2010- 37) 4. Ordinance 2010 -37 - Amending the Zoning Code of Ordinances Regarding Alcohol Manufacturing and Microbreweries - authorize Mayor and City Clerk to execute (PC 2010 -07) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, PIocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Barksdale -Noble reported that U. S Cellular would like to put a new tower at Eldamain and Route 34. The Zoning Board of Appeals will be holding a public hearing for the height variance on July 7, 2010 and the Plan Commission is holding a public hearing on July 14, 2010. After these two meetings the matter will come before the City Council. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of May 11, 2010 and May 25, 2010 as presented; seconded by Alderman Plocher. Alderman Spears had corrections to page 14 of the May 25, 2010 minutes; fifth paragraph down under Intergovernmental Agreement with Library. She asked that the sentence "She stated that the word is out that Yorkville doesn't pay its fair share with others" be changed to "She stated that the word is out that Yorkville doesn't play fair with others ". Another correction was noted to the tenth paragraph in the same section. She asked that the sentence "It was the consensus (5:3) that the library not be no fees...." be changed to "It was the consensus (5:3) that the library not pay fees...." Minutes were approved unanim ously as corrected 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 July 6, 2010, totaling the following amounts: checks in the amount of $2,295.00 (vendors FY 09/10); $1,287,770.86 (vendors FY 10 /11); 6,906.70 (payroll period ending 5/31/2010); $241,470.24 (payroll period ending 6/19/2010); $238,680.32 (payroll period ending 7/3/2010); for a total of $1,777, 123.21; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -aye, Werderich -aye -- EXECUTIVE SESSION Mayor Burd entertained a.motion to go into executive session for the purpose of discussing the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff-aye, Munns -aye I The Minutes of the Regular Meeting of the Citv Council — July 13, 2010 — pa 3 The City Council entered into executive session at 7:10 p.m. The City Council returned to regular session at 7:20 pm. REPORTS I � MAYOR'S REPORT Appointment of Budget Officer (CC 2010 -56) Mayor Burd reported that the Finance Director was previously the Budget Officer. As the Finance Director has resigned and to make things easier, she was appointing Administrator Olson. Mayor Burd entertained a motion approving the appointment of Administrator Olson as Budget Officer. So moved by Alderman Golinski; seconded by Alderman Plocher. Alderman Munns questioned if this appointment was just until the new finance director was hired. Mayor Burd explained that the appointment was a permanent one until the next mayor is elected. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Resolution 2010 -14 Approving Authorized Agent of United City of Yorkville to the Illinois Municipal Retirement Fund (CC 2010 -57) Mayor Burd entertained a motion to approve a resolution approving an authorized agent of the United City of Yorkville to the Illinois Municipal Retirement Fund and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Werderich. Mayor Burd clarified that the appointment was for Meghan Ostreko as the agent. The change is due to the vacancy in the finance director position. Alderman Werderich withdrew his second; Alderman Plocher withdrew the motion. Mayor Burd entertained a motion to approve a resolution approving Meghan Ostreko as an authorized agent of the United City of Yorkville to the Illinois Municipal Retirement Fund and authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Unpaid Discretionary Leave for a Certain Employee (CC 2010 -58) Mayor Burd entertained a motion to approve unpaid discretionary leave for a certain employee. So moved by Alderman Plocher; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. The Minutes of the Regular Meetine of the Citv Council — July 13, 2010 — page 4 CITY ADMINISTATOR'S REPORT Administrator Olson reported that Finance Director Mika resigned so the city will be searching for a replacement. The opening has been posted and applications are being taken through July 27, 2010 at 5:00 p.m. and interested candidates can get further information on the city's website or from the Kendall County Record newspaper. Seven candidates have applied so far. FINANCE DIRECTOR'S REPORT Administrator Olson reported on the following: • The Finance Department is working on the audit. • The December /January report finalization is still possible per the auditors. • The department is behind on reconciliations but they will be hiring a consultant to get up to speed. • The budget reporting is going well and the department is keeping track of financial issues without the Finance Director. • Chief Hart has loaned the department the use of his Executive Assistant Molly Batterson to help with various duties. • The real estate taxes were received last week so the budget is on time except for the Illinois State taxes. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported: • Summer watering hours are in affect; residents can water on odd/even days depending on their address. Watering hours are 5:00 a.m. to 9:00 a.m. and 9:00 p.m. to midnight. • He received a letter thanking Dave Behrens the Sewer Department foreman for courteously assisting a resident with a sewer backup. Even the plumber hired by the resident complimented him. Mayor Burd congratulated the staff for the compliments and for the good job they did with brush pickup after the recent storms. Director Dhuse noted that the Park Department also helped with the brush pickup. Alderman Munns noted that a tree fell down in a yard on Cottonwood and the resident is upset because the city can't help. He suggested that city staff be allowed to go on private property to help in extreme circumstances. Alderman Spears asked who would be responsible for a downed tree in the Countryside open space and Director Dhuse indicated that the city is responsible. Alderman Spears noted she paid for the removal and Director Dhuse advised her to discuss this with him after the meeting. CHIEF OF POLICE'S REPORT Chief Hart reported: • The department finished a phase of the IMaGE grant. During the period between June 19 through July 6, 2010 the following citations were issued; 3 DUI, 38 seatbelt violations, 38 speeding tickets and 10 uninsured motorist violations. The grant pays officers overtime to enforce these laws. • Lieutenant Schwartzkopf is currently attending the FBI Academy. • National Night Out will be held August 3, 2010 from 6:00 p.m. to 8:00 p.m. at Town Square Park DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The next Movie in the Park will be this Friday and the movie "Where the Wild Things Are" will begin at dusk at Beecher Park. • Music under the Stars will be held on July 23, 2010 at Town Square Park at 7:00. The Lazy Maybes will be performing. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale Noble reported: • There will be a Building Code Committee meeting on July 19, 2010 at 6:30 p.m. • The Kendall County Planning Consortium meeting will be July 29, 2010 in Minooka. The topic of meeting will be wind turbine energy generators. i The Minutes of the Regular Meeting of the Citv Council — July 13, 2010 — paw COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The Park & Recreation Department book will be hand delivered to residents beginning July 26, 2010. Anyone not receiving it should contact her. • United City of Yorkville will have a booth at the Kendall County Fair July 30, 2010. Anyone interested in mannin the booth should contact her. COMMUNITY & LIAISON REPORT Library Board Alderman Plocher reported that he attended the Library Board meeting on July 12, 2010. They discussed their long-term goal of becoming a library district. He stated that he gave the Board his opinion on the matter. They asked him what the aldermen's thoughts were on the library district. He stated that the members of the City Council could give him their opinions and he will take it back to the board. Mayor Burd reported that Beth Gambro is now the president of the Library Board and has asked for a joint meeting with the City Council. She stated that she would set up the time and get back to the City Council. Go To 2040 Comprehensive Regional Plan Presentation Mayor Burd reported that she attended the Go To 2040 Comprehensive Regional Plan Presentation at the Kendall County Health Department on June 29, 2010. She stated that the plan omitted the Prairie Parkway and Metra station. She asked the City Council and public to share their opinions about the plan at www.aoto204O.or2 between June 11, 2010 and August 6, 2010. Metro West Council on Government Mayor Burd reported that she will be attending the Metro West Council on Government meeting on July 22, 2010 to discuss the transportation committee's recommendation to support the Burnham Plan and the Prairie Parkway. This includes a river crossing in Kendall County however funding is not available from the city or the county. Special Olympics Alderman Spears reported that on July 17, 2010 the Kendall County Special Olympics will be holding the 6 ffi Annual Family Fun Festival which will raise funds for the Kendall County Comets Special Olympic team. She also reported on funding for the Special Olympics and the need for advertisers. Park Board Alderman Spears reported that she attended the Park Board meeting on July 8, 2010 where they discussed the athletic field policy, funds in the capital budget for Town Square Park parking, the joint Music Under the Stars and Chamber of Commerce event, park parking lot design, etc. Cable Consortium Alderman Spears reported that she attended the Cable Consortium meeting where they discussed establishing a minim account balance, AT &T U- Verse, several monthly reports, etc. Veteran's Independence Program Alderman Spears reported on the Veteran's Independence Program which aids veterans in remaining in their own homes as they age. She reported on the details of the program including eligibility and VA funding. Kendall County Senior Providers Alderman Spears reported that she attended the Kendall County Senior Providers meeting where twenty - three people representing various providers attended. Items discussed were health care reforms; Medicaid eligibility, Kendall County Transit, upcoming events, beanbag baseball, etc. Kendall County Salute to Veterans/Honor Flight Chicago Fundraiser Alderman Spears reported that Kendall County Salute to Veterans/Honor Flight Chicago Fundraiser will be held July 16, 2010 at Ralph's Place. The $30.00 donation will cover dinner as well as the dinner of a veteran or active duty military. Funds for the Honor Flight programs will also be raised. Ron Clark Mayor Burd reported that Yorkville resident, Ron Clark, passed away on July 3, 2010. He was the owner of property on East Main which the city purchased for a park. His home will be razed per his request and the park will be named for his family. The Minutes of the Reeular Meeting of the Citv Council — July 13, 2010 — Da 6 Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting on July 12, 2010. Items discussed was the hiring of Susan Mika as the new office manager, the public hearing for the budget, Ralph Pfister being retained as a consultant after his retirement, the Illinois Environmental Protection Agency being behind on payment to contractors, permits for restaurant dishwashers, etc. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2010 -15 Regarding Night -Time Work for Reconstruction of Illinois Route 47 Second Reading (PW 2010 -44) A motion was made by Alderman Plocher to approve a resolution regarding night time work for the reconstruction of Illinois Route 47 and authorize the Mayor and the City Clerk to execute; seconded by Alderman Munns. Mayor Burd noted that the resolution was needed for the Route 47 widening project. Alderman Spears asked if residents in the area were notified. A dministrat or Olson stated that the city has not notified residents in the area however the state is buying right of ways from these residents. Alderman Spears asked if the state notified the people in the area. Administrator Olson indicated that he did not think so. Motion approved by a roll call vote. Ayes -8 Nays -0 Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Punch List Processes (PW 2010 -38) Alderman Plocher reported that this item was brought forward by Alderman Gilson. The Public Works Committee recommended that an annual review of punch list items is fine after a 50% build out. He turned the floor over to Alderman Gilson. Alderman Gilson maintained that waiting for a 50% build out of a subdivision may take many years. Annual inspections would let the developer know that staff is monitoring the work and it may push the developer to finish the subdivision. This could also be a good way to oversee things as ownership changes on developments. He stated that the Public Works Committee felt it was a bad idea but he did not feel the process would hurt things. Alderman Sutcliff noted that the annual inspections will affect the Engineering Department which is down on staff. She questioned the time the inspections would involve. City Engineer Wywrot noted it would vary depending on the size of the development. He added that the department is down one inspector and one JULIE locator. He stated that if a developer is diligent, the city updates the punch list regularly. He stated he saw this as a tracking issue and did not see the need to do inspections prior to the 50% build out. Administrator Olson reminded the City Council that pushing a developer to complete units in a subdivision creates a cost when the development is turned over to the city. At that time, the roads, sidewalks, etc. become the responsibility of the city to maintain. He stated that staff is recommending against this. Alderman Werderich felt that the city should push for the completion of subdivisions because sometimes the delay puts a burden on the residents already living in the subdivisions. He felt the city should be more proactive and he supported the annual updating of punch lists. Alderman Munns agreed and stated that by pushing a developer to finish could alleviate problems with work not being done. Mayor Burd asked how many unfinished developments were in the city and Mr. Wywrot stated there were a few dozen. She noted that if a develop_ er does not have the funds then things cannot get completed. Attorney Orr reminded the City Council that each developer is required to put a Letter of Credit which costs 3% of the total amount of the LOC per year. She felt the LOC sitting open should be an incentive for the developer to complete the subdivision. Alderman Werderich noted that.the city should tap into the LOC to get things done if the developer is not progressing. The Minutes of the Regular Meetine of the Citv Council — July 13, 2010 — , oaLe 7 Mr. Wywrot stated that per ordinance, the city can require things to be finished in three years however this is unrealistic for the larger developments. The consequence of pursuing early completions is that the city will become responsible to maintain what it accepts as finished. Alderman Gilson noted that if the city bonds for a certain amount based on engineering estimates from years ago, the cost of completion may be more in the future. Attorney Orr explained that the bonds are issued for 110% which should cover inflation. The only way to overcome inflation is if a development is not complete in three years, call the LOC and complete the roads, etc. However, if the city completes the roads and the subdivision continues to build out the construction traffic can ruin the roads and the city will be financially responsible for the repairs. She felt enforcing the three year policy could be dangerous. h lists d Alderman Plocher felt that there was not enough staff to monitor punc sts an that calling the LOC's to complete roads would just cost the city more money later. He felt this was not fiscally responsible. He stated that developers know what is needed to be completed on a punch list however if they don't have the money to complete the things, the punch list will end up in the garbage. He suggested cashing in their LOC bonds however this may deter future developers. Alderman Werderich stated that unbuilt out subdivisions are the number one concern of Ward I residents. He felt the city should listen to its residents and provide motivation for developers to finish their projects. He reiterated that the city should be proactive before a complaint is generated and then once a complaint is received be able to do something about it. He noted that an annual review keeps the punch list in the forefront. Alderman Spears agreed and felt the city should create and maintain punch lists. Director Dhuse explained that reviewing punch lists will not solving the problem. He stated that calling a bond for a chunk of sidewalk or a patch of asphalt is unrealistic. He stated that updating a punch list after 50% build -out is great however anything earlier is detrimental. Alderman Gilson stated that the way the subdivision are being delayed they could go ten years before being completed. He did not feel the extra 10% in the LOC was enough to cover expenses. Alderman Teeling stated that the city cannot force the developer to finish their subdivision by giving them a punch list especially when they don't have the money to do so. She felt this was a waste of time and money on the city's part. Mayor Burd did not see how a punch list was going to make developers complete things especially when they don't have the money to do so. Harassing the developers with a punch list won't get things done. The proposed process will take time and money for the city and will take staff away from their other duties. Alderman Gilson stated that he proposed just an annual reminder and he felt it would be good for the city to keep track of punch list items. If the process motivates developers to complete a few things the city comes out ahead. City Engineer Wywrot stated that the City Council was provided a memo dated June 3, 2010 showing updates to punch lists. He added that the staff's focus is on the developers who are working on punch list items rather than those who are not. Alderman Sutcliff stated that developers want to finish their projects however they can't due to the economy. A punch list is not going to get them to complete things any faster. Mayor Burd added that many subdivisions are being held by a bank due to the developers being bankrupt. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2010 -38 Amending the Code of Ordinances Regulating On- Street Parking (Hayden Drive and Alan Dale Lane) (PS 2010 -15) A motion was made by Alderman Werderich to approve an ordinance amending the Code of Ordinances regulating on- street parking (Hayden Drive and Alan Dale Lane) and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. The Minutes of the Regular Meeting of the Citv Council — July 13, 2010 — va eg_8 Alderman Werderich reported that this was a result of parking issues created by nearby parks. Chief Hart added that he investigated the parking issues and this will open up the street for emergency vehicles. Alderman Spears noted that she surveyed people on Hayden Drive and they supported parking on only one side of the street. Motion approved by a roll call vote. Ayes -8 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye ADMINISTRATION COMMITTEE REPORT Resolution 2010 -16 Establishing a Policy for Taking Home City Vehicles (ADM 2010 -41) A motion was made by Alderman Sutcliff to approve a resolution establishing a Policy for Taking Home City Vehicles and authorize Mayor and City Clerk to execute; seconded by Alderman Munns. i Chief Hart reported that he brought this forward because the Police Department has take home vehicles. He proposed that city vehicles not be taken home more than ten miles from the city. Alderman Spears asked how many employees are affected and Chief Hart stated that it did not affect any employees. Administrator Olson added that any employee can take a car home if authorized to do so. Union employees cannot be told they cannot take cars without this policy being in place. Public Works employees will still be allowed to take home vehicles during times of snow plowing. Alderman Munns asked if this came up before and Administrator Olson stated that it did when there were more employees with the city and no where to park vehicles. ADDITIONAL BUSINESS Blackberry Oaks Covenants Alderman Gilson asked if the Blackberry Oaks covenants had been recorded yet and Administrator Olson stated they had not. Grande Reserve Alderman Spears stated that she heard that RI Waterman has sold its property in Grande Reserve. Administrator Olson stated that he would investigate the matter. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 8:37 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois *italics denote approved changes Il i REGULAR CITY COUNCIL MEETING July 13, 2010 i PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN