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City Council Minutes 2010 07-27-10 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 27, 2010 Mayor Burd called the meeting to order at 7:03 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, Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Lieutenant Delaney, Director Dhuse, City Engineer Wywrot and Community Development Director Barksdale -Noble 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 Mayor Burd requested Item #5 under the consent agenda - Fountain Village — Letter of Credit Expiration (CC 2010- 60) be tabled at the request of the developers. City Engineer Wywrot explained that the developer extended the LOC through November 2010. Mayor Burd requested that Item #lunder the Mayor's Report - Appointment of Deputy Chiefs of Police (CC 2010 -61) be tabled. She explained that Chief Hart had a medical emergency and was unable to attend the meeting. The Deputy Chiefs have already been sworn in at the Police Department and this was ceremonial. Amendment approved unanim ously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., August 17, 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., August 26, 2010 City Hall Conference Room i PRESENTATIONS None PUBLIC HEARINGS None. CITIZEN COMMENTS Chris Moment, Countryside, asked the City Council to take serious consideration to the care of Countryside Center. He stated that residents who pay high taxes are looking at a pile of rock. He commented that if he allowed his home to look like Countryside Center, the city would force him to clean it up. He stated that the property is getting worse and noted that on the e of July people had to walk through thistles to watch the fireworks. He asked the city to do something to get the property cleaned up. Mayor Burd stated that the Public Works Department will take note and call the property owner tomorrow. The Minutes of the Regular Meeting of the Citv Council — July 27, 2010 — page 2 John Helland, Yorkville Police Department, addressed the City Council about the resolution regarding long-term pension sustainability. He noted that the Police Department volunteered to take a pay freeze, choose not to use attorneys during contract negotiations, agreed to increase insurance costs to help the city, etc. If the resolution is passed, the Police Department will consider it a slap in the face because they have bent over backwards to save the city money. He added that the officers do not make a lot of money so their pension is a benefit. He asked the City Council not to take this away from the officers especially when they are considering a referendum to raise money for bike trails. i Tom Sowinski, Countryside subdivision, asked if the TIF for this area was still in existence and if the developer was getting penalized for not taking care of the property. Mayor Burd stated that the TIF was still in place and Attorney Orr explained that there was a penalty against the TIF because it was declared in default. Mr. Sowinski asked who paid for the demolition. Attorney Orr stated that the city reimbursed the developer $500,000.00 from the TIF bonds for the demolition. The balance of the $3 million is there to entice a new developer. Mr. Sowinski asked if the developer was getting penalized for the overgrown weeds. Attorney Orr explained that per the city's ordinance if the city mows, the city will lien the property. Mr. Sowinski noted that it will be difficult to mow due to the weeds growing through the rocks. Director Dhuse stated he would call the owner and put them on five day notice. If they don't address the weeds, the city will take action. Mr. Sowinski asked if the streets in the area will be closed due to their poor condition. Administrator Olson stated that the streets are private and initially were closed however were reopened after residents requested it. He added that there are no bonds in place for road repairs. Mr. Sowinski noted that they will continue to deteriorate until someone develops the property. He felt the developer TriLands should be forced to maintain the property. Mayor Burd reiterated that the Public Works Department will respond to his complaints. Mark Fleischman, resident of the Rivers Edge subdivision and a retired fire fighter, stated he was an avid cyclist however he could not support the effort due to the increased burden on taxpayers. In addition, he noted that the state has passed significant public pension reforms and has been seeking to reform police and fire pensions that were not included in those passed. He questioned why the city was considering a resolution of support when this is already taking place. He noted that it cost taxpayers money to put a referendum on the ballot. He stated that the focus of this effort, which has come out of the Metropolitan Mayor's Caucus, is to relieve taxpayers of the burden of pension benefit increases, wage increases, etc. They don't inform the public that the real cause of the problem is inadequate funding of pensions. He noted that the actuarial system used to fund pensions is flawed and the real pension reform should take place with Cost of Living Adjustments (COLA) and the extension to a surviving spouse of 100% of the retiree's pension. He stated that the numbers over the last ten years indicate that the 3 % COLA did not keep up with actual increase in living costs of 17.8 %. The market funding pension investments has recovered significantly however it is at the same level it was ten years ago. The current actuarial assumption of 7 -8% return on pension investments is unrealistic and needs to be lowered to a realistic amount. Employee contributions have increased to near 10 %, are mandatory and deducted from their paychecks. He stated that the inadequate funding began in 1993 after changes to pension funds took place. He went over a chart showing pension funding amortization. He noted that by 2020 pension funding will be 66% higher than the original level and by 2033 the amortization will be over 3 %2 times the original payment. He felt that pensions should use the original amortization methods in use prior to 1993 and that municipalities should fund pensions as much as they can, as soon as they can because today's dollars are cheaper than future dollars will be. He stated that HB 5873 was being hammered out in May 2010 and it calls for an increase in retirement age and a reduction in retirement payout. This will increase the public safety workforce age and could result in an increase in illness, injury and death benefit claims. This will affect the level of service to taxpayers and cost municipalities more in the long run. He noted that municipalities walked away from the bill. He further noted that police and firefighters are penalized by the IRS because they do not pay into FICA so they only receive 1/3 of FICA paid from other jobs due to their pensions. He stated that police officers and firefighters put their lives on the line every day and they expect to be taken care of after they retire. He felt residents were given selective and incomplete information and he asked the City Council to honor their agreement. Mayor Burd thanked Mr. Fleischman for his well thought out comments. She stated that she did get this information from the Metropolitan Mayors Caucus and asked that it be put on the agenda tonight. Fred DuSell, resident of the River's Edge subdivision and member of the Police Pension Board, stated he agreed with Mr. Fleishman. He also felt that the resolution for a bike trail bond is not a good idea at this time. He stated that he supports public safety and that he discussed his concerns about the police pension with both the Mayor and City Administrator. He stated that he differed with Administrator Olson's concept of pensions; Administrator Olson felt the city would be absorbing a tremendous amount of pensioners in the near future. Mr. DuSell stated that this was not the case; 2/3 of the pensioners will average 39- years -old in the next five years. They will be eligible for a pension in the next ten years. The projected pension payouts will increase 2% per year for the next five years and he did not feel this would i The Minutes of the Regular Meetine of the Citv Council — July 27, 2010 — va2e 3 be a burden on the city. Mayor Burd stated that when she goes down to Springfield with Metro West, she will make it clear that Yorkville is not struggling with pension issues so she cannot lobby for reform. Mr. DuSell stated that he previously worked for another municipality for thirty years and learned that legislators would like a "super fund". They want solvent communities to contribute to the fund in order to help those less solvent. He advised caution with this program. Marta Keane, ch airman of the Green Committee, stated that it was unfortunate to compare the bike paths to the police pension. She stated that the referendum doesn't cost anything and lets the residents vote if they want bike paths. She felt that paths are important and that it did not make sense to turn down funds from IDOT for the bonds. Samantha Keane, a student in the Yorkville schools, asked the City Council to help add bike paths so she can take her bike to school. She stated it was not safe for her to do this now. Rolf Snobeck, Grande Reserve subdivision, stated he moved to Yorkville from Lombard He noted that he spent many years riding his bike on the Prairie Path and he misses doing that however he felt that this is not the time for a referendum for bike trails. He stated that no one needs to pay more taxes with pay cuts, unemployment, etc. He stated that he has had to tighten his belt at home and the city should do the same. He felt the city's first priority should be public safety followed by streets, sewers, etc. Doug Fisher, Fox Highlands, stated he was stunned to see the bike trail referendum resolution on the agenda_ He noted that the country is going through tough economic times and people and cities cannot afford luxuries. He asked the City Council to be responsible, pay attention to public safety issues and provide the needed services to the community. Stacy Mott, Fox Hill and Yorkville Police Department, stated that she works and lives in Yorkville because of the city and the community. She stated she is loyal to the city and asked the City Council to be loyal to the Police Department and vote against the resolution for pension reform. Walt Stegner stated that he echoed the sentiments of the previous speakers. He thanked Alderman Gilson for keeping residents in the loop on issues. He felt it was not time for a bike trail referendum and suggested residents be asked on their tax bill to make a voluntary contribution to the trails. i CONSENT AGENDA 1. Resolution 2010 -17 - Authorizing the Establishment of a Checking Account to Hold Payment for Yorkville Business Center Watermain - authorize Mayor and City Clerk to execute (CC 2010 -59) 2. Ordinance 2010 -39 - Approving an Amendment to the Annexation Agreement Dated April 26, 2005, Pertaining to the Bristol Bay Subdivision (Standard Bank) - authorize Mayor and City Clerk to execute (PC 2010 -02) 3. Heartland Commercial Center — Final Acceptance & Bond Reduction #I - accept public improvements for watermain and sanitary sewer as described in the Bill of Sale for ownership and maintenance; and authorize reduction to American Southern Insurance Company Bond No. B98804- 0101268 in an amount not to exceed $507,587.66, subject to verification that the developer has no outstanding debt owed to the city for this project (PW 2010 -51) 4. Miscellaneous Guardrail Repairs — Change Order 41 - authorize increase in an amount not to exceed $2,866 13 and authorize Mayor to execute (PW 2010 -52) 5. Police Reports for June 2010 (PS 2010 -16) 6. Ordinance 2019 -40 - Amending the Code of Ordinances Providing for Liquor Control (Microbreweries/Brew Pubs) - authorize Mayor and City Clerk to execute (PS 2010 -17) Mayor Burd entertained a motion to approve the Consent Agenda as amended So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -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 meeting of June 8, 2010; seconded by Alderman Spears. Motion approved unanim ously by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council — July 27, 2010 — page 4 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 21, 2010, totaling the following amounts: checks in the amount of $907,763.30 (vendors); 6,673.23 (payroll period ending 6/30/2010); $247,914.11 (payroll period ending 7/17/2010); for a total of $1,162,350.64; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinsla -aye, Werderich -aye REPORTS MAYOR'S REPORT Route 47 Project — Clark Property Resolution & Quit Claim Deed (PW 2010 -22) Mayor Burd reported that this pertains to the Route 47 widening project. The city entered into an agreement with Mr. Clark which stated that if at any time while the Clark's still owned the property IDOT needed a ROW; eminent domain would be allowed with the payment going to the Clark's. Mr. Clark died on July 3, 2010 so the city will now be taking over the property. Mayor Burd entertained a motion to approve a resolution and quit claim deed for an approximately 12 foot wide strip of land along the Route 47 frontage of the Clark property for highway right -of -way purposes and authorize the Mayor and City Clerk to execute all documents. So moved by Alderman Munns; and seconded by Alderman Werderich. Alderman Sutcliff clarified if $30,000 was going to be paid to the Clark family. Mayor Burd stated that yes it would be. Alderman Sutcliff asked if this would affect the purchase price. Mayor Burd stated it not affect the purchase price due to the agreement with the Clark family and IDOT. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye IMRF for Part -Time Employees (CC 2010 -62) Mayor Burd entertained a motion to authorize part-time employees Matt Odom, Ryan Negre, and Dee Weinert to enroll in EVIRF. So moved by Alderman Werderich; seconded by Alderman Plocher. Administrator Olson explained that every time a new employee is enrolled in IMRF, the Council has to vote on it. He stated that two of the employees work in the Park & Recreation Department and the other is in the Building & Zoning Department. I Alderman Spears stated that she does not support part-time employees being enrolled in IlVIRF. She felt they should appreciate that they have a job and felt that this was a slap in the Police Department's face considering the pension resolution on the agenda tonight. Alderman Gilson agreed with Alderman Spears. Administrator Olson explained that if the city does not approve this, the employees will go back to working twenty hours per week and then the city will have to hire more people to cover shifts. Alderman Sutcliff asked if the city was required to give employees IMRF. Administrator Olson explained only if they work over 1000 hours annually. Alderman Golinski asked if the Park & Recreation Department employees worked at the Rec Center. Administrator Olson stated they did. Alderman Golinski asked if they could get along with only one of the employees and Administrator Olson stated they could not. Mayor Burd added that the Park & Recreation Department position is a supervisory position overseeing the Rec Center operations. Alderman Spears asked if it was evaluated to hire two additional part-time employees versus increasing the current employee's hours and giving them IMRF. Administrator Olson stated that it was and he prefers having two employees. Alderman Spears stated that it should not be his preference. Administrator Olson stated that if the City Council does not like his recommendation they didn't have to take it. I i The Minutes of the Regular Meetine of the Citv Council — July 27, 2010 — Daze 5 Alderman Golinski asked if the Park Board unanim ously supported Administrator Olson's recommendation and Mr. Olson stated they did not; it was a three to one vote. Administrator Olson explained to the public what Illinois Municipal Retirement Fund (IMRF) was. Motion approved by a roll call vote. Ayes -5 Nays -3 Werderich -aye, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye Resolution Providing for and Requiring the Submission of a Proposition to Issue $8,000,000, General Obligation Bonds to the Voters of the United City of Yorkville at the General Election to be Held on November 2, 2010 (Bike Trail Referendum) First Reading (CC 2010 -63) Mayor Burd reported that this was the first reading of the resolution. Resolution Initiating the Submission of a Public Question to Support Regional Actions to Attain Long -Tern Pension Sustainability (CC 2010 -64) Mayor Burd entertained a motion to approve a resolution initiating the submission of a public question to support regional actions to attain long -term pension sustainability and to authorize the Mayor and City Clerk to execute. No motion was made; passage of the resolution failed. Alderman Golinski clarified that due to the lack of a motion, this item cannot come back before the City Council for one year. Mayor Burd stated that she was asked to bring this to the Council however it was not something she advocated. She stated that when she goes to Springfield she will make it clear this is not something Yorkville supports. Metro West Update (CC 2010 -65) Intergovernmental Agreement Regarding Formation of NWPAA Mayor Burd reported that this was an informational item. She explained that as a member of Metro West Yorkville will now be a part of the strategic planning group for the Northwest Water Planning Area Alliance (NWPAA). The group unanim ously approved the resolution which they initiated after they were alerted that the state was developing regional planning areas. This will allow the municipalities to have a say in matters of water planning. Prairie Parkway Mayor Burd reported that she went to Springfield and met with the head of MOT and discussed the hold up with the Prairie Parkway. The head of ]]DOT indicated that if there was some sign of regional support for the Parkway, the project could get back on track so Metro West adopted a resolution of support for the Prairie Parkway. CITY COUNCIL REPORT Countryside Center Property — Discussion (CC 2010 -66) Alderman Spears reported that she felt that the Countryside Center TIF was a big mistake as it did not go as planned. She noted that the property looks bad and if the bonds are called it will cost the city about $36,000.00. She suggested paying the $36,000.00 to get away from the proposed developer and to entice someone to develop the property. She asked Attorney Orr for clarification of penalties to the developer for not proceeding with the development. Attorney Orr explained that the agreement provided that the city would contribute equally with the developer along the way as the project progressed with a "drop dead" date. There was a penalty if this date wasn't met. The development did not take off and when the date approached, the developer asked for an extension which the Council granted. They did not meet the new date either. Even though the developer is in default, they still own the property. She stated that she did not know how the city could pursue the property other than by using eminent domain. Alderman Spears noted she was against using eminent domain especially when it takes over the property of private residents. However, in this instance the property is vacant so she supported spending money to take over the property. Mayor Burd stated that if the city took over the property it would have to pay the fair market price and it couldn't afford it. She noted that the city gave the developer $500,000.00 to tear down the buildings. The money came from the interest from the T1F bonds which are sitting in the bank; no taxpayer dollars were used. She stated that the The Minutes of the Regular Meeting of the Citv Council — July 27, 2010 — page 6 developer is trying to sell the property however malls are not doing well. She stated the ownership of the property and the bonds were too different issues. Alderman Spears noted that over the winter she complained about the snow plowing in the center and TriLands plowed. She questioned why they could not pave the roads. She also noted that there is a street light that fell down and weeds growing through the asphalt. Administrator Olson explained that the roads are private so the city cannot demand repairs. He stated that the city requested the roads be opened and plowed which TriLands did. He noted he would ask the develop to address the street light and road repairs. He further explained that weeds are addressed by the building department on a complaint basis. He asked residents to report violations so the inspectors can contact the property owners. If the matter is not remedied in five days the violators are ticketed. Mayor Burd asked if the developer could remove the roads and Mr. Olson stated that it was a possibility since it is private property. Mayor Burd noted that the developer's permit with IDOT is about to expire. City Engineer Wywrot added that MOT will issue a permit however the developer is not providing them with the information they need. Alderman Werderich commented that Countryside Center is a black eye on Yorkville and he was not sure what could be done. He encouraged exploring avenues to clean up the property and felt the city staff should be more proactive rather than reactive. Alderman Gilson agreed with Alderman Werderich's suggestion to be proactive. He stated that when staff is called out to a subdivision to address one lot, they should address all the lots in the area that are in disrepair. He felt they should not wait for complaints. Administrator Olson stated that sometimes this is what is done. Alderman Spears thanked Director Barksdale -Noble for addressing complaints after she drove through Ward IV and for always responding to her email. She recommended that the aldermen drive through their wards and report any areas of concern to the Building Department. Alderman Golinski asked if the IDOT permit was transferable. City Engineer Wywrot stated he was not sure it was as IDOT requires a bond for the work He felt that IDOT would allow the project to continue however they won't have a bond from the developer. Mr. Sowinski asked if TriLands could be asked to drop dirt and plant grass until the matter is resolved. Administrator Olson stated he would suggest this to the developer and get back to the City Council with their response. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADM USTATOWS REPORT Administrator Olson reported on the following: • For the past year and a half the city has been discussing the special census as it relates to redistricting and adding aldermen. BB 5970 was passed and signed and it changes the redistricting rules and ties them to federal results. The city will not have to change its districting until after 2011 or 2012. Also, the city can restrict the number of aldermen to the current amount The Council does not have to make a decision on this matter until the 2013 election. He stated that he and Attorney Orr are investigating redistricting for the 2011 election. • The applications for Finance Director closed last week. Thirty applications were received and interviews will begin next week. • The resolution in the packet regarding pension reform did not have anything to do with the current police officers. It creates a second tier for new hires with a different pension system and payout. He explained that it was not a slight against current officers and pension reform was not initiated by the City Council but was mandated by the state. FINANCE DIRECTOR'S REPORT Administrator Olson reported that Molly Batterson from the Police Department is helping create a new budget report format CITY ENGINEER'S REPORT City Engineer Wywrot reported that the Grande Reserve paving remediation project will be begin next week. This will involve crack filling and pavement sealing. Roads in the subdivision will be closed for forty-eight hours so residents will not be able to access their driveways. The developer is doing the project voluntarily and is trying to be done by the time school opens. i The Minutes of the Regular Meeting of the City Council — July 27, 2010 — page 7 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that forty trees in Fox Highlands have tested positive for emerald ash borers. He stated he is working with the University of Illinois Extension to remove the trees. They are studying the trees to see which ones are resistant. The Extension will be looking at other ash trees in the area. He stated that the removed trees need to be chipped in a certain manner however the city does not have its own chipper. There are no funds or space for the equipment. CHIEF OF POLICE'S REPORT Lieutenant Delaney reported: • National Night Out will be held on August 3, 2010 at Town Square Park. There will be activities for kids and Target stores have made donations to the event. • There has been a rise in car robberies in the Fox Hill subdivision. He advised residents to lock their vehicles. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • There will be a community build for park "A' in Bristol Bay. This build will help stretch the developer's funds by using volunteers. • Music Under the Stars was rained out however Movie Under the Stars will be held on August 6, 2010. The movie being shown will be "Cloudy with a Chance of Meatballs". COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale -Noble reported: • IDOT will be available for comments on the Route 71 widening on July 29, 2010 from 4:00 p.m. to 7:00 p.m. at the Library. • The Kendall County Planning Consortium will meet on July 29, 2010 in Minooka. The topic under discussion will be wind turbines. Information on the meeting is on the city's website. Mayor Burd added that IDOT will be discussing bike trails. They will pay 90% with the city matching the re mainin g 20 %. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Route 47 Side Streets — Weight Limits (PW 2010 -53) Alderman Plocher reported that there are side streets off of Route 47 that have weight limit signs posted but there is no enforcement due the city having no ordinance to address the weight limits. The concern with eliminating the weight limits would be with truck traffic however the streets are not ones trucks would readily use. Director Dhuse added that the streets in question are older and the signs were probably the result of complaints made before his time as Public Works director. He recommended that the signs be removed. Administrator Olson stated that the city needed an ordinance to address street weight limits. He suggested that the Council recommend streets which may need restrictions and bring the recommendation back to the Public Works Committee. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION None. i The Minutes of the Regular Meeting of the Citv Council — July 27, 2010 — nage 8 ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinsld; seconded by Alderman Plocher. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 8:43 P.M. Minutes submitted by: Jacquelyn Milschewsld, City Clerk City of Yorkville. 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