City Council Minutes 2010 09-14-10 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, SEPTEMBER 14,201
Mayor Burd called the meeting to order at 7:04 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, Lieutenants Schwartzkopf and Delaney,
Finance Director Fredrickson, City Engineer Wywrot, Public Relations Officer Spies and Community
Development Director Barksdale - Noble.
UORUM
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 that a presentation to Officer Jeff Johnson be added to the agenda.
Amendment approved unanimously by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee Meeting: 6:00 p.m., September 21, 2010
City Hall Conference Room
Economic Development Committee: 6:30 p.m., October 5, 2010
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., September 16, 2010
City Hall Conference Room
Public Safety Committee Meeting: 6:00 p.m., September 23, 2010
City Hall Conference Room
PRESENTATIONS
Certificate of Appreciation
ATF Special Agent Mitchell Wido and his dog D6ja explained to the City Council that officers and their
dogs go through a rigorous ten week training course in order for the canine officer to be trained to detect
up to 19,000 different explosives. Officer Jeff Johnson and his canine partner O'Neill went through the
program, served the community and now O'Neill is retiring. Special Agent Wido, Chief Hart, Mayor
Burd presented Officers Johnson and O'Neill with Certificates of Appreciation for their assistance and
support of the Bureau of Alcohol, Tobacco and Firearms. Mayor Burd stated she greatly appreciated
what the officers have done for the Police Department.
Yorkville Dam by Alan Grelck
Mayor Burd reported that Alderman Werderich asked for a presentation to address questions on the dam
project. Alan Grelck, the IDNR engineer in charge of the dam project, explained that he has spent four
years working on the dam. Phase 1 which was finished two years ago consisted of construction of the
steps, fish ladder and wall north of the dam. Phase 2 is construction of the bypass channel which is under
The Minutes of the Regular Meeting of the City Council — September 14 2010 — page 2
way now. There have been issues with the river such as flooding however construction has caught up and
they are ready to begin testing the bypass. They will be controlling the amount of water num n g through
the channel while kayakers and canoeists make trial runs down the chute. Testing should finish between
now and October 4, 2010 if the weather cooperates. Once the testing has been completed, the final work
on the dam will be finished. The coffer dam near the bridge will be removed and sidewalks will be
installed along the river. The last thing removed will be the coffer dam upstream. Phase 3 will be the
construction of a pedestrian bridge over the river. He was unsure when this would be completed due to
the lack of funds. Mr. Grelck entertained questions.
Alderman Spears asked what would happen if the tests fail. Mr. Grelck explained they were not pass /fail
tests but rather ones to show the engineers that the chute is accurate. If it is not, it can be adjusted by
removing, adding or moving boulders. He reminded the Council that this is the IDNR's first attempt at
construction of a dam of this type and it is the first in the Midwest.
Alderman Werderich asked if there would be control of the water going through the chute. Mr. Grelck
explained there would be very little; minor control of water flow could be done by moving concrete
blocks. Alderman Werderich asked if the water current and depth would be fixed. Mr. Grelck indicated
that these would fluctuate; in a dry summer there may not be water going over the dam.
Mr. Grelck was asked if more water through the chute would change the class. He indicated that it should
be rated a 2.5 and that testing would determine this. Administrator Olson added that there will be two
pools; a novice and an advanced. The difficulty will be determined by the water features. Mr. Grelck
explained that canoes using the channel on the south side will follow the river bank while kayakers can
scoot over to use the north chute which will be more challenging.
Mr. Loftus, a member of the audience, asked about the maintenance of the chute. He questioned if the
river floods and takes out the chute who would be responsible to replace it. Mr. Grelck explained that
maintenance, which will be the responsibility of the city, will consist of keeping tree limbs and other
debris out of the area. If boulders are moved due to flooding, the city will have to work with the state to
make repairs. Treasurer Powell asked what the plan was for removal of debris. Mr. Grelck stated it was
up to the city to address this. He felt the city has equipment to properly maintain the dam.
Alderman Sutcliff asked if the chute would be closed during winter. Administrator Olson explained that
per the IDNR, the facility has to remain open year round. It can only be closed if the IDNR closes river.
Alderman Gilson asked when the project would be totally completed and Mr. Grelck stated he was unsure
as funding is unavailable. Alderman Gilson asked if a dry summer would affect fishing. Mr. Grelck
stated that it shouldn't. Alderman Gilson wanted to know what safety measures were being planned. Mr.
Grelck stated that better access will help safety issues but other than that he was not aware of any other
plans for safety measures. He explained that there was no roll with this dam and so far things are
functioning as they are supposed to.
There were no further questions. Mr. Grelck invited the public to come to the dam and see it.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Howard Manthei with the Friends of the Chapel on the Green distributed information on the chapel. He
noted that the chapel and the Kendall County Historical Society have been in the news recently due to the
closing of the chapel. He gave a brief history of the chapel and its connection to the Historical Society.
He told of the numerous documented and categorized donations of historic artifacts which were recently
moved out of the chapel and placed in a barn at Lyon Farm because the Historical Society voted to close
the chapel. The Boy Scouts were kicked out and the locks were changed. He commented that the current
officers of the Society have no respect for the museum or artifacts. He expressed his concern that if the
moved artifacts are not properly taken care of they will deteriorate. He stated that some people are
claiming the building is an asbestos hazard but as long as the asbestos is not disturbed there is no hazard.
He felt that the odds of reversing recent events are slim to none and he felt the current officers of the
society should resign. He hoped in January 2011 the current officers would be replaced. On behalf of the
Friends of the Chapel Mr. Manthei thanked everyone for their support.
CONSENT AGENDA
1. Senior Services Associates Beecher Center Use Agreement (ADM 2010 -45)
i
The Minutes of the Regular Meeting of the City Council — September 14, 2010 — page 3
Mayor Burd entertained a motion to approve the Consent Agenda as presented. 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 July 27,
2010; seconded by Alderman Spears.
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 September 7, 2010, totaling the following amounts: checks in the amount of $504,406.32
(vendors); $6,790.01 (payroll period ending 7/31/2010); $235,606.96 (payroll period ending 8/28/2010);
for a total of $746,803.29; seconded by Alderman Munns.
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
REPORTS
MAYOR'S REPORT
Appointment of Deputy Chiefs of Police
(CC 2010 -60)
Mayor Burd and Chief Hart reported that a new position, Deputy Chief of Police, has been created for the
Police Department. They swore in Police Lieutenants Hilt and Delaney as the new Deputy Chiefs. Chief
Hart explained that Deputy Chief Hilt will be assigned to operational duties while Deputy Chief Delaney
will be assigned to administrative duties.
Mayor Burd stated she was happy that Chief Hart was feeling better.
Appointment of Finance Director
(CC 2010 -71)
Mayor Burd reported that Rob Frederickson will be starting as Finance Director on September 28, 2010.
He has come to Yorkville from Rolling Meadows and was the unanimous choice of the committee.
Mayor Burd entertained a motion to approve the appointment of Rob Frederickson as Finance Director.
So moved by Alderman Sutcliff; 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
KenCom Funding Agreement
(CC 2010 -72)
Mayor Burd reported that Alderman Munns attended the KenCom meeting where he was presented with
an amendment to the 2007 Intergovernmental Agreement. The amendment changes how the service is
funded and will increase funding each year. Residents are currently paying four separate taxes for public
safety.
Mayor Burd stated that she invited the Kendall County Board to discuss the agreement with the City
Council. She was told by Anne Vickery that Kendall County's funding for bonds has fallen short due to
the economy thus creating a need for more money. Ms. Vickery proposed that the city's payment not
begin until 2012.
The Minutes of the Regular Meeting of the City Council — September 14 2010 — page 4
Kendall County Board members John Purcell and Nancy Martin were present and suggested that
everyone work together on this problem. Mr. Purcell noted that Kendall County has to supply the jail
facility and the courthouse. He added that $14 million has been spent on public safety.
Mayor Burd acknowledged that KenCom is an important resource but noted that Yorkville is not a home
ruled community so there is no revenue source for the increased contribution. She explained that some
other services funding would have to be cut if the amendment is approved.
Attorney Orr explained that the Intergovernmental Agreement states that Kendall County is willing to
provide the physical location for the 911 system and provide the costs of operation in excess of the
telephone surcharge. It also states that KenCom will perform the functions of creating and operating the
911 emergency telephone system, operating the dispatch system, employing the people to man the
service, determine the surcharge rate and suggest changes if necessary.
Alderman Spears stated she attended the KenCom meeting where Sheriff Randall proposed a contribution
of $150,000.00 from the sheriff's department so that the city would not have to pay until the year 2014.
Mayor Burd interjected that SheriffRandall's contribution should automatically be used for KenCom.
County Board member Nancy Martin stated that the funds were to be used for equipment however will
now be used to offset Yorkville's contribution. Alderman Spears felt that if there was no cost to the city
until the year 2014 there was no reason not to support the amendment.
Alderman Werderich asked what the Police Department's position in the matter was. Chief Hart stated
that the Yorkville, Plano and Oswego Police Departments wonder where this will end as residents are
already paying four taxes for public safety. Alderman Werderich asked what would happen if the City
Council did not agree with the amendment. Attorney Orr explained that there is a contract in place with
no termination date which states that Kendall County is responsible for costs in excess of the funds
collected from the surcharge. A municipality can back out of the agreement however it has to be
compliant with code and give four years notice. Mayor Burd added that the county will still have to
provide 911 services.
Alderman Teeling asked if $260,000.00 was needed to run KenCom and Ms. Martin explained that this
was the deficit. Alderman Teeling asked if the public safety tax was paying for 911 services and Ms.
Martin stated it was not; the funds were used to add an addition to the jail. Mayor Burd added that 70%
of the inmates in the jail are not Kendall County residents; the County rents space to other counties. She
noted that currently the jail is only half full.
Alderman Gilson asked if the city does not agree to the funding amendment would it have to perform its
own dispatching and if so what will it cost. Chief Hart stated that it will cost more for the city to do its
own dispatching than pay what Kendall County is asking for. He explained that a study was done which
showed that $1.2 million plus the cost of a building was needed to start a dispatch center. Attorney Orr
added that Kendall County may still get the surcharge even if the city has its own center. She stated she
was researching the matter with the state.
Mayor Burd stated that three municipalities are paying the most into KenCom. She felt that Kendall
County has a set an amount that they will pay into KenCom however they want municipalities to have an
open checkbook. Mr. Purcell explained that the county will contribute $1.6 million while the difference
is split between municipalities based on the number of users. Alderman Spears noted that Oswego has
less calls because they use KenCom differently than Yorkville does. They use a different band when an
officer goes on break.
There was discussion regarding an increase in the 911 surcharge; funds being used to repair antiquated
equipment, shortage of dispatchers, KenCom recommending a referendum to increase the surcharge
rather than change the Intergovernmental Agreement, etc.
Mayor Burd stated that Alderman Mums would be attending the October KenCom meeting and needed to
have a response from the city. She asked the City Council if they felt the city should pay more to
KenCom beginning in 2014. The majority of the City Council (7 to 1 present) supported the current
contract without the amendment. Mayor Burd gave Alderman Munns direction to take this decision back
to the KenCom Board.
Nancy Martin thanked the City Council for the opporonity to discuss the matter as Plano did not allow
this. She indicated she would take tonight's information back to the Kendall County Board.
The Minutes of the Regular Meeting of the City Council — September 14, 2010 — paze 5
CITY COUNCIL 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
No report.
CITY ENGINEER'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that new cases of Emerald Ash Borers have been found in Windett Ridge. The
city is working with the Homeowner's Association and developer to remediate the situation.
CHIEF OF POLICE'S REPORT
Chief Hart thanked everyone for the cards and well wishes while he was ill. He also reported that there
were no arrests made this year at Hometown Days.
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Director of Park and Recreation Olson thanked everyone who worked on Hometown Days.
Mayor Burd congratulated him on a great job. She stated she received positive feedback on the layout of
the event. She noted that no taxpayer's dollars were used on the event as it funds itself and even makes a
profit.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
No report.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies thanked everyone for their support of the Patriot's Walk last Saturday in honor of the events of
September I l Also, the Second Annual Share and Care event will be held October 16, 2010 at the
Kendall County Fairgrounds from 9:00 a.m. to 3:00 p.m.
COMMUNITY & LIAISON REPORT
Ochoa Presentation
Mayor Burd reported that she went with Yorkville Economic Development Corporation Director Lynn
Dubajic to the Upper Illinois River Valley Authority meeting in Utica, Illinois. Their Board voted on a
resolution of intent to support regional stimulus for the Ochoa project. She stated that Mrs. Dubajic is
doing a great job moving the project forward and she has found a buyer for the project's bonds. It is
looking probable and promising. She indicated she would keep the City Council updated on the progress.
Senior Services Fashion Show
Mayor Burd reported that Senior Services would be holding a fashion show on Sunday, September 19,
2010 from 11:00 to 1:00 p.m. at Timber Creek in Sandwich, Illinois. Tickets are $37.00 for the
fundraiser.
Old Jail
Mayor Burd reported that she met with developer Harold Oliver at the Old Jail last Saturday. They
walked through the building and discussed a plan of attack. Mr. Oliver will be heading a workforce of
volunteers to clean up the debris in the building on Saturday September 19, 2010. He will be providing
masks and gloves to workers. She encouraged anyone interested in helping to show up. She reported that
old books from 1850 were found in the building and packed up for use later.
Alderman Gilson stated that he thought Mr. Oliver already had a committee established. Mayor Burd
explained that he has people to work on the electrical, plumbing, etc. however he wants this to be a
community project. Alderman Gilson asked if the city should be concerned with asbestos or lead paint.
Mayor Burd stated that someone has volunteered their services for remediation of these things.
The Minutes of the Regular Meeting of the City Council — September 14 2010 — page 6
Northwest Water Planning Area
Mayor Burd reported that she attended the Northwest Water Planning Area Alliance meeting on
September 10, 2010 where the mayor of Aurora was voted in as chairman. She stated that she felt that
Yorkville is fortunate to be part of the alliance.
Kane/Kendall County Mayor and Managers Meeting
Mayor Burd reported that she attended the Kane/Kendall County Mayor and Managers meeting on
September 1, 2010. The group got a solid waste update. The County voted against landfills in Kendall
County however they looked at the possibility of a transfer station in the county. They looked at the
compensation of tipping fees to those affected by the transfer station.
Yorkville Bristol Sanitary District
Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting where Philippe
Moreau from Walter E. Deuchler Associates gave a presentation on the YBSD expansion project. Also
discussed were the concerns of sharing the cost of sewer repairs; Ralph Pfister's consultants contract and
his retirement party. The Blackberry Creek bridge and dam repairs were also discussed. Administrator
Olson added that the City Council will be discussing an Intergovernmental Agreement for the engineering
and repair of the bridge over the creek at the next Public Works Committee meeting. These items are not
included in the budget.
Community Nutrition Network
Alderman Spears reported that she had been invited to speak at the Community Nutrition Network in
Grundy County where the Volunteer of the Year was named. She encouraged people to help deliver
meals to those in need.
Park Board
Alderman Teeling reported that she attended the Park Board meeting where baseball fields were
discussed.
Yorkville Economic Development Corporation
Mayor Burd reported that she attended the Yorkville Economic Development Corporation meeting on
September 7, 2010 where Kathy Farren from the Kendall County Record gave a presentation. Ochoa
Enterprises joined as anew member and the November 11, 2010 annual meeting was discussed. Connie
Payton will speak at the annual meeting. Director Dubajic is also working on collecting outstanding dues.
Sudden Cardiac Death Talk
Mayor Burd reported that a talk on Sudden Cardiac Death would be held on September 17, 2010 at 7:00
p.m. at White Tail Ridge.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT CQMTTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Yorkville High School Traffic
Alderman Sutcliff asked Chief Hart about traffic control at Yorkville High School. She noticed that there
wasn't an officer directing traffic. Chief Hart explained that during the first month of school an officer
helps crossing kids from the Yorkville High School Academy but traffic usually works itself out as the
year progresses. He stated he would look into her concern.
The Minutes of the Regular Meetine of the City Council — September 14 2010 — paee 7
Holiday Under the Stars
Alderman Spears asked if there is a plan for traffic control during Holiday Under the Stars. Mrs. Spies
explained that this has been discussed with the Police Department. Also, two busses have been rented to
shuttle -people from the school parking lot to Town Square Park.
Downtown Parking Lot
Alderman Spears noted that the parking lot behind Kendall Pub is in unacceptable condition with several
potholes and faded Iines. She suggested that the city find fiends to repave the lot. Director Dhuse stated it
would cost $30,000.00 to repave the lot and that he was working with Administrator Olson to find fiends.
Halloween Hours
Mrs. Spies reported that the Halloween trick or treat hours would be October 31, 2010 from 4:00 to 7:00
p.m.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by
Alderman Sutcliff. .
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 9:24 p.m.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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