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City Council Minutes 2010 09-28-10 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITE_ D CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY, SEPTEMBER 28, 2010 Mayor Burd called the meeting to order at 7:00 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 Absent Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Deputy Police Chief Delaney, Finance Director Fredrickson, City Engineer Wywrot, Public Relations Officer Spies and Community Development Director Barksdale - Noble. QUORUM 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 Gilson requested that Item #3 - Fountain Village — Letter of Credit Expiration (PW 2010 -64), Item #4 - Fountain Village — Sitework Letter of Credit Reduction No. 1 (PW 2010 -65) and Item #5 - 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution (PW 2010 -66) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Mayor Burd requested that the Police Pension Overview by Todd Overmyer under Presentations be tabled until the next City Council meeting. Amendments approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., October 19, 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., October 21, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., September 30, 2010 City Hall Conference Room PRESENTATIONS Certificate of Appreciation Officer Ryan Goldsmith & Officer Mitchell Carlyle Chief Hart explained that the Alliance Against Intoxicated Motorists (AAIM) presents awards to the top DUI enforcement officers. For exceptional DUI enforcement, Chief Hart and Mayor Burd presented Officers Ryan Goldsmith and Mitchell Carlyle with Certificates of Appreciation for DUI Enforcement. Officer Goldsmith had thirteen arrests while Officer Carlyle had twelve. The Minutes of the Regular Meeting of the City Council — September 28 2010 — Page 2 PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Monthly Treasurer's Report for August 2010 (ADM 2010 -47) 2. Riverfront Park Building Concession Lease RFP -approve as presented (ADM 2010 -26) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye PLAN COMMISSION /ZONING BOARD OF APPEAL None. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of August 10, 2010 and the Special City Council meeting of August 10, 2010; seconded by Alderman Munns. Motion approved unanimously 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 22, 2010, totaling the following amounts: checks in the amount of $1,017,014.56 (vendors); $6,753.90 (payroll period ending 8/31/10); $241,847.22 (payroll period ending 9/11/10); for a total of $1,265,615.68 (total); seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teelmg -aye, Werderich -aye REPORTS MAYOR'S REPORT Board and Commission Vacancies (CC 2010 -73) Mayor Burd reported that Deanna Cross has resigned from the Human Resource Commission and Chris Rollins has resigned from the Park Board. She asked that anyone interested in being on the Commission contact her or fill out the application that is on the city's website. Vacation of Jefferson Street and a Portion of Ridge Street (PW 2010 -68) Mayor Burd reported that the vacation of Jefferson Street and a portion of Ridge Street was part of the purchase agreement for the old jail. Kendall County needs the streets as part of their plan for expansion of the county building. Administrator Olson added that there will be a public hearing for the vacation on October 12, 2010. Alderman Spears asked if the businesses in the area were notified of the public hearing. Administrator Olson stated that the hearing was noticed in the Kendall County Record newspaper as well as on the city's website and at City Hall. Alderman Sutcliff asked at what point the streets would be unusable. Administrator Olson explained that the county has no immediate intentions to tear out the streets so people will still be able to use them especially as access to the historic courthouse. The Minutes of the Regular Meeting of the City Council — September 28 2010 — page 3 CITY COUNCIL REPORT Holiday Under the Stars Event Discussion (CC 2010 -74) Alderman Spears expressed her concern that the event is being held on a Friday. She stated in the past this was a concern due to traffic issues. She asked if it was too late to change the date to a Saturday. Mayor Burd indicated it was too late to change the date and that the event has historically been held on a Friday. In the past it was held in the downtown but the Chamber of Commerce was going to let the event die with the decline of businesses in the area. At her request, Mrs. Spies has kept it going and moved it to Town Square Park. Last year, the event was held at both Town Square Park and in the downtown area again. It was a very successful event however there were traffic issues. Administrator Olson and Chief Hart are working together to address these issues. Administrator Olson explained the festival layout to the City Council. There will be a Kris Kringle Market and business expo on the south side of town along Hydraulic. There will be no traffic allowed on Hydraulic after the city's parking lot. Parking will be available in the lot and hopefully in the Old Second Bank lot. He stated he is working with the Police Department so that an officer can be stationed at Hydraulic to aid with pedestrian crossings. This officer will coordinate with one on the north side of the river. A trolley will be used to link the events. Church and King Streets will be closed to aid in traffic control as well as for house and buggy rides. He explained that he is trying to get permission for parking at the Yorkville High School Freshman Academy however there is an event that night at the main high school. There will be additional parking at city hall and the library. He stated he is also working with the Public Works Department on traffic. Chief Hart added that IDOT is cooperating with the event by allowing the city to post flashing signs warning of the event and traffic conditions. They are also providing signs for the city to use and Director Dhuse is looking at the possibility of renting additional sign boards. He explained that the problem last year was with pedestrian traffic. The stop lights on Route 47 will be coordinated to help alleviate traffic. Alderman Sutcliff asked if the Citizens Police Academy Alumni would be assisting. Chief Hart stated that while he had not gotten any definite answer yet, he hoped to get about seven volunteers. Alderman Sutcliff asked if the YHS Madrigals would be singing at Parkview Academy and Mrs. Spies stated they would be. Alderman Teeling asked if the Police Department would be allowing left hand turns at River Road and Route 47. Chief Hart stated that Director Dhuse and Deputy Chief Delaney were working with Kendall County to close River Road to local traffic at Eldamain. Alderman Spears asked if the Citizens Police Academy volunteers would be directing traffic. Chief Hart stated no; they would be used as crossing guards. She asked if the Police Department, Public Works and Park & Recreation Department employees would be paid overtime or given comp time for working t he event. Administrator Olson explained that Public Works and Park & Recreation Department employees would be using flex time rather than overtime or comp time. Chief Hart stated that no decision had been made yet with the Police Department employees. Alderman Spears asked if there were enough officers to patrol the city and cover the event. Chief Hart stated that he was still working on this; it was dependant on CPAA involvement. If four or five officers are needed he would have a hard time covering everything. Alderman Munns asked what the estimated attendance numbers were. Mrs. Spies indicated that about 2,000 people are estimated to attend however this can vary with weather conditions. Mayor Burd noted that each year the city finds ways to improve the event. If the City Council has concerns, she suggested they be expressed in June; changing the date now is too close to the event. Alderman Spears stated she was not suggesting cancelling the event but was suggesting better planning. She felt that the City Council should sit down with staff after the event to discuss any concerns. Alderman Gilson noted that traffic problems were brought up right after last year's event. Mayor Burd commented that the traffic problems were identified the night of the event however she never heard the suggestion to change the date to a Saturday. Mrs. Spies added that there was some discussion with staff about changing the date and it is possible to change to a Saturday in the future however the businesses involved need to be consulted. If the date change is the wish of the City Council it should be addressed in January and the Chamber of Commerce The Minutes of the Rezular Meeting of the City Council — September 28 2010 — Page 4 should be made aware of it. She explained that almost immediately after the event staff meets to discuss it and she invited the City Council to attend the staff meeting. It was the consensus of the City Council to wait until after the event this year to evaluate the day the event is held. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson: • Welcomed Mr. Frederickson as the new Finance Director. • Reported that the tax levy season is around the comer. It will be discussed in October and voted on in December. He noted that he spoke to the county assessor who told him that this is the second year of property decline. • Reported that the city still has not received an application for an amendment to the Annexation Agreement from the Ochoas. A deposit for the stormwater report for the two acres of onsite retention is forthcoming and should be received shortly. With the application fee comes $20,000.00 for the engineering deposit and a $10,000.00 application fee. FINANCE DIRECTOR'S REPORT Director Fredrickson reported that he was happy to be with the city and that he met with the stafftoday which was his first day on the job. CITY ENGINEER'S REPORT City Engineer Wywrot reported that Route 71 was being resurfaced from Route 126 to Orchard Road. The work is being done overnight in order to lessen the impact on traffic. The project should be done by mid- October. Mayor Burd added that she was invited by the governor to attend a meeting in Chicago where she found out that $100 million will be given to municipalities for street projects. Yorkville should be receiving $73,000.00 for projects. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that there was a large watermain break at Morgan and Madison Streets this morning. He stated that this was the worst break he has seen and that crews were still working on the repair. He explained it affected thirty homes and almost drained the water tower by the Public Works building. CHIEF OF POLICE'S REPORT Chief Hart reported that Lieutenant Schwartzkopf graduated from the FBI academy and will be back to work. He also reminded residents to be cautious of farm equipment now that harvest season has begun. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The city held a successful brat fest with 200 to 300 people in attendance. They sold over two brats /person and they received good reviews on the food. The city broke even on the event. He thanked Public Works employee Dave Behrens for manning the grill along with the Park & Recreation Department employees who also helped with the event. • There will be a ribbon cutting ceremony at the Bristol Bay Park on Wednesday at 6:00 p.m. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale -Noble reported on the Crane's Chicago Business article about the stormwater basin in Windett Ridge which was installed by the developer in June 2008. The pond's maintenance was transferred to the homeowner's association (HOA). This summer staff became aware of resident's concerns about the pond. The HOA sought out assistance and received two proposals for the maintenance of the pond however they do not have the funds. The city has not accepted the basin and will not do so until it meets performance standards. I� The Minutes of the Regular Meeting of the City Council — September 28 2010 — Pau 5 Alderman Gilson asked if the City Council could get a copy of the article. Director Barksdale -Noble stated she would get a copy to the Council. He asked what the city was doing to help the pond get into compliance. Director Barksdale -Noble stated that staff has addressed the invasive plants around the pond. She noted that the only leverage the city has is not to accept the pond. Alderman Gilson asked if the aldermen would be involved in the HOA's discussion on the pond and Director Barksdale -Noble stated that the matter will be before the Public Works Committee. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The 3r Annual Care and Share event was scheduled for October 16, 2010 at the Kendall County Fairgrounds. • The Kendall County Triad is holding a fashion show at the Hampton Inn on October 21, 2010 from 9:00 a.m. to 11:00 a.m. Anyone interested in attending should RSVP to Senior Services. • The Senior Ad Hoc Committee is planning a Thanksgiving Dinner on November 19, 2010 from 11:00 a.m. to 1:00 p.m. at the Beecher Center. COMMUNITY & LIAISON REPORT Aurora Area Convention and Visitor Bureau Alderman Sutcliff distributed a packet of information from the Aurora Area Convention and Visitor Bureau. She noted that Raging Waves in Yorkville is listed in their information. She stated that the goal is to cultivate synergy between Plano, Yorkville and Oswego in order to attract tourists. Waubonsee Community College Alderman Sutcliff noted that Waubonsee Community College has invited the City Council to the dedication and open house of their new Plano location. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Fountain Village — Letter of Credit Expiration (PW 2010 -64) A motion was made by Alderman Plocher to approve the Fountain Village Letter of Credit Expiration and authorize City Clerk to call letter of credit if it is not renewed by October 15, 2010; seconded by Alderman Sutcliff. Alderman Gilson stated that he had concerns and questions on this item. He wanted to know how the staff missed the original LOC. City Engineer Wywrot explained that the date of the LOC was arbitrarily set and if it is not called the LOC continues to exist. He stated there was no need to call it in May. Alderman Gilson expressed his concern that LOC's keep rolling over even though they are in non- completion of punch list items. Mr. Wywrot explained that it has been the practice to let build out activity dictate the completion of punch list items. The process has been working. Alderman Gilson stated that if LOC's keep rolling over, the original engineer's estimate of costs may not be enough to complete projects. He felt the city should be proactive and if developments are not getting done, the LOC should be called. Mayor Burd suggested that each LOC should be looked at individually. Fountain View is not a residential development. She asked what was affected by calling the LOC. Mr. Wywrot explained that it affects public improvements such as sidewalks, water and sewer, etc. The developer is doing some work and the majority of things have been completed. Administrator Olson stated that the amount in the LOC is in excess of what needs to be completed. He further explained that in the next two to three years most LOCs will fall under the new proposed policy which will figure in inflation. Alderman Gilson disagreed with this policy because he felt that inflation will affect the cost of work. There was a brief discussion about the inflation factor in the new policy. Mr. Wywrot explained how a percentage of the LOC is retained until the punch list items are completed. He felt that retaining 20% was sufficient. Alderman Plocher felt that calling all the outstanding LOC's would bankrupt developers and make it hard to get future developments into the city. The Minutes of the Regular Meeting of the City Council — September 28 2010 — page 6 Alderman Spears asked if the new policy would be coming to the Public Works Committee. Administrator Olson stated that it would be before the committee in October or November. Motion approved by a roll call vote. Ayes -6 Nays -1 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -nay, Sutcliff -aye Fountain Village — Sitework Letter of Credit Reduction No. 1 (PW 2010 -65) A motion was made by Alderman Plocher to approve Fountain Village Sitework Letter of Credit Reduction No. 1 and authorize a reduction to Standard Bank and Trust Company Letter of Credit No. 11953 in the amount of $665,377.90, subject to verification that the developer has no outstanding debt owed to the City for this project; seconded by Alderman Munns. Alderman Gilson asked if there would be additional landscaping done. Mr. Wywrot explained that the original design called for a berm on the western edge however this area cannot be graded to make a sufficient buffer. Staff worked with the developer to revise the landscaping plan to incorporate plant screenings instead. Alderman Gilson asked if the City Council could get a list of the punch list items remaining. He suggested tabling this matter. A motion was made by Alderman Gilson to table the Letter of Credit reduction; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff- -nay, Munns -aye, Spears -aye, Plocher -aye Resolution 2010 -25 2010 Miscellaneous Bituminous Patching— Bid Results and Supplemental MFT Appropriation Resolution (PW 2010 -66) A motion was made by Alderman Plocher to approve the 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution and award contract to Aurora Blacktop, Inc. in an amount not to exceed $59,185.50 and authorize City Clerk to execute the Supplemental MFT Appropriation Resolution in an amount not to exceed $5,000.00; seconded by Alderman Sutcliff. Alderman Gilson expressed his concern that the amount is over the engineer's estimate. He stated that he would like to see this re -bid but that can't be done until spring. He felt it might be good to wait especially with additional MFT funds coming into the city. He added that the Public Works Committee discussed the roadway patch. City Engineer Wywrot explained that the patching work is part of the estimate. He felt that a base repair was not needed at this time which will save $4,500.00. Shoulder work and striping will be done by the Public Works Department which will save even more. He indicated that the work could be done before the asphalt plants close in November. Alderman Sutcliff noted that Game Farm Road needs to get repaired as soon as possible. She trusted staff to do the work in the most economical way. Alderman Spears asked if this item as well as the two previous one were discussed at the Public Works Committee meeting. City Engineer Wywrot explained they were discussed however there wasn't a quorum. Alderman Spears suggested that it be indicated if items were reviewed by the committee and if there was a quorum or not. Motion approved by a roll call vote. Ayes -5 Nays -3 Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — September 28 2010 — page 7 ADMINISTRATION COMMITTEE REPORT Ordinance Amending the Code of Ordinances Establishing a Cultural Commission — First Reading (ADM 2010 -48) Alderman Sutcliff indicated this item was discussed by the Administration Committee and two changes were made. The first change is that the cultural committee will include only people who reside in city limits and the second is that the committee will elect its chairman. Alderman Sutcliff stated she disagreed with the committees changes and felt the document should remain in its original draft form. Alderman Spears disagreed with Alderman Sutcliff. She stated she researched historic commissions in other communities and the proposed changes are supported by her research. Alderman Gilson agreed with Alderman Spears and felt that only residents should be on the committee. Mayor Burd explained that the commission is being formed due to the old jail and it would be a slap in the face of those who have worked on it who live outside the city. An architect who does not live in Yorkville has offered services for free. She explained that this will be an advisory commission not a decision making board. She noted that several area municipalities allow the mayor to appoint the chairs of the advisory boards. She felt that anyone interested or who has the knowledge and lives outside the city should be allowed to participate. Alderman Spears asked if the commission complied with state statute. Attorney Gardiner stated that it did. Alderman Gilson stated the commission is bigger than just the old jail. He felt that it should be made up of residents only with help from those outside the city. He did not want to exclude anyone from helping. Alderman Teeling stated that after the Administration Committee meeting she helped at the old jail. She saw many people from outside Yorkville participating so she researched other communities to see how their commissions run. She has since changed her mind about the proposed changes and does not support them. ADDITIONAL BUSINESS Consent Agenda Alderman Werderich requested that if an item is not put through committee that it not be placed on the consent agenda but on the regular agenda. Agenda Item Summary Memo Alderman Werderich asked that the action taken area on the agenda item summary memo be properly filled out for the City Council. First Readings Alderman Werderich questioned the discussion at the first reading of the Cultural Commission Ordinance. He asked if this was proper. Mayor Burd stated that if the aldermen want to discuss the item it should be allowed in order to give more information to the public. Administrator Olson added that the first reading allows the chairman to announce the item and per the Governing Ordinance some discussion is allowable. Raintree Email Alderman Gilson asked that the mayor copy in the aldermen when responding to residents emails. She recently received an email for a resident in Ra.intree that he was concerned about. Mayor Burd explained that a resident emailed her with a question on SSA payments. She explained to the resident that this was not a city issue; it was between the resident and the developer. She gave the resident the developer's contact information. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of 1. For the discussion of minutes lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi -annual review of the minutes as mandated by Section 2.06. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Werderich; seconded by Alderman Gilson. The Minutes of the Regular Meeting of the City Council — September 28 2010 — Wage 8 Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff- -aye, Munns -aye The City Council entered into executive session at 9:00 p.m. The City Council returned to regular session at 10:10 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Teeling. . Adj ournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 10:10 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I REGULAR CITY COUNCIL MEETING September 28, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: Dk, MQ �(Rk k Char I i t �&ucua 34� uYU I IuI �4X n_ � I SIGNIN