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City Council Minutes 2011 01-25-11 NMVUTES 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, JANUARY 25, 2011 Mayor Pro Tern Plocher 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 Present Plocher Present Ward III Munns Present Sutcliff Present Ward N Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, City Engineer Wywrot and Community Development Director Barksdale - Noble. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Tern Plocher asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Pro Tern Plocher asked that Item #3 —Ordinance Approving a Settlement Agreement under the Mayor's Report be tabled for two weeks. He also asked that the Executive Session be moved up on the agenda to before the Mayor's Report. Alderman Gilson requested that Item #5 - Downtown Parking Lot — Engineering Amendment #1 — (PW 2011 -07) and Item #7 - Ordinance Amending the Code of Ordinances Providing for Citizen Comments at City Meetings (CC 2010 -108) be taken off the consent agenda and be placed on the regular agenda. Alderman Spears asked if there would be documentation for Item #3 of the Mayor's Report in the next City Council meeting packet. Attorney Orr advised her that the reason for the Executive Session was to discuss the status of pending litigation. Amendments 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 COM UTTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., February 15, 2011 City Hall Conference Room Economic Development Committee: 6:30 p.m., February 1, 2011 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., February 17, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., January 27, 2011 City Hall Conference Room PRESENTATIONS None. The Minutes of the Regular Meeting of the City Council — January 25, 2011— page 2 PUBLIC RF ARINGS None. CITIZEN COMMENTS Todd Milliron, Cotswold Drive, commented that it appeared that there is a lawsuit being settled but the information in the packet is vague. He asked if he could be told which lawsuit was being settled. Attorney Orr stated he could not. Marty Michaliska, Heartland subdivision, introduced himself and stated he was running for Ward N alderman. He gave some background information on himself and stated that in his line of work he has worked with bonds. He stated he was disappointed that taxes were being raised to pay for the bonds but he understood why it had to be done. He encouraged a plan of action as well as cuts. He felt it was not a good idea to cut the Park & Recreation Department. He noted he just came from the Rec Center which was crowded. He felt that the city needed to keep encouraging people to move to Yorkville which was the only way to get out of financial trouble. He stated that the worse way to discourage businesses was for the city to default on its bonds. He felt that the city was on the right track by cleaning up debt. CONSENT AGENDA 1. Water Department Report for November 2010 (PW 2011 -01) 2. Water Department Report for December 2010 (PW 2011 -02) 3. Stagecoach Crossing — Earthwork Letter of Credit Expiration — authorize City Clerk to call the letter of credit if it is not renewed prior to April 15, 2011 (PW 2011 -03) 4. PW 2011 -04 Bridge Street Commons (1155 —1185 N. Bridge) — Permanent Watermain Easement — authorize the Mayor and City Clerk to execute (PW 2011 -04) 5. Treasurer's Report for November and December 2010 (ADM 2011 -01) A motion was made by Mayor Pro Tem Plocher to approve the Consent Agenda as amended; seconded by Alderman Sutcliff. 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 None. NIINUTES FOR APPROVAL Mayor Pro Tern Plocher entertained a motion to approve the minutes of the City Council meeting of December 14, 2010, and December 28, 2010. So moved by Alderman Werderich; seconded by Alderman Spears. Alderman Golinski had a correction to page 4 of the December 28, 2010 minutes. He asked that the fourth paragraph under the Ordinance Approving a Land Lease be corrected to read "Alderman Golinski suggested that the funds remain with Parks & Recreation but not to build...... .. Mayor Pro Tern Plocher entertained a motion to approve the minutes as amended. So moved by Alderman Golinski; seconded by Alderman Sutcliff. Motion unanimously approved as amended 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 January 19, 2011, totaling the following amounts: checks in the amount of $734,531.39 (vendors); $216,697.01 (payroll period ending 1 /15 /11); for a total of $951,228.40 (total); seconded by Alderman Spears. Alderman Gilson stated that he emailed in his questions on the bill list however one answer prompted another question. He asked about the $250.00 charge for entertainment on page 16 for the volunteer appreciation event. He wanted to know why the city was spending this much considering its financial situation. Administrator Olson stated that this comes out of the Community Relations budget and he hadn't gotten a chance to speak with Mrs. Spies to verify if this was sponsored by someone. Alderman Gilson stated that this was a great event however he did not understand spending this much money for entertainment when residents have been given increases to their taxes. The Minutes of the Regular Meeting of the City Council — December 28,2010 — pa2e 3 Alderman Gilson also questioned the bill from Wolf & Company on page 20 in the amount of $10,000.00. He asked if it was normal to pay for the audit in stages. Finance Director Fredrickson explained that the audit was a continual process so it is paid in steps. Alderman Gilson asked how long the city had been paying so much for its audit. Finance Director Fredrickson stated that the city contracted with Wolf & Company in 2007 for five years. Alderman Spears asked if there were any other expenses related to the volunteer appreciation event. Administrator OIson stated he would have Mrs. Spies get this information together for the next City Council meeting. Motion approved by a roll call vote. Ayes -6 Nays -2 Plocher -aye, Spears -nay, Munns -aye, Sutcliff -aye, Gilson -nay, Teeling -aye, Golinski -aye, Werderich -aye EXECUTIVE SESSION Mayor Pro Tem Plocher entertained a motion to go into Executive Session for the purpose of 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 imminent, 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 Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teelinb aye, Gilson -aye, Sutcliff -aye, Munns -aye The City Council entered into executive session at 7:20 p.m. The City Council returned to regular session at 8:26 p.m. REPORTS MAYOR'S REPORT Raintree Park B Surfacing Bid (CC 2011 -04) A motion was made by Mayor Pro Tem Plocher to enter into a contract with Evans & Sons Blacktop, Inc. in an amount not to exceed $87,910.70 for tennis court construction and authorize the Mayor, City Clerk and City Administrator to execute; seconded by Alderman Munns. Motion approved by a roil call vote. Ayes -8 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye Raintree Park B Fencing Bid (CC 2011 -05) A motion was made by Mayor Pro Tem Plocher to enter into a contract with Fence Connection, Inc. in an amount not to exceed $37,975.68 for the tennis court fence construction and authorize the Mayor, City Clerk and City Administrator to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye CITY COUNCIL REPORT Ordinance Amending the Code of Ordinances Providing for Citizen Comments at City Meetings (CC 2010 -108) A motion was made by Mayor Pro Tem Plocher to approve an ordinance amending the Code of Ordinances providing for Citizen Comments at City Meetings and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Gilson objected to limiting the time for citizens comments. He proposed that section 1 -15 -3 — Item 3 of the ordinance which contained the time limits be struck from the ordinance. The Minutes of the Regular Meeting of the City Council — January 25, 2011 — page 4 Attorney Orr explained that an amended motion was not needed; the ordinance is adding the language of time limits to the code. A vote of "no" would achieve the same things. If the ordinance was defeated, no time limits would be put into place. Alderman Spears stated that she supported the wording "comments from any member of the audience shall not be permitted at any time" because audience members who just bursting out with comments are disruptive. Alderman Gilson agreed that the wording should remain. A motion was made by Alderman Gilson to amend the ordinance to exclude all of section 1 -15 -3 — Item 3 except the wording "At all public hearings, individuals shall be allowed to make comments as permitted by law. Comments from any member of the audience shall not be permitted at any time."; seconded by; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -3 Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -nay, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Alderman Munns asked what the consequence was for violating the ordinance. Attorney Orr suggested that verbiage be added to address consequences. Alderman Munns suggested violators be given one warning. Attorney Orr agreed that the chair could give one warning and if not heeded the violator would be removed from the chamber. Alderman Sutcliff stated that this was discussed by the Administration Committee and the members like the idea of an open forum. She stated that she was confused by the City Council's intentions. Alderman Gilson stated that the intention is to allow people to speak in an orderly manner. Alderman Spears suggested allowing public comments at both the beginning and end of the meeting. Alderman Gilson agreed. Attorney Orr stated that the ordinance establishes rules of conduct while adding another opportunity for public comment is changing the agenda format. Alderman Golinski clarified that the ordinance was due to the addition of public comments to committee meetings. Attorney Orr explained that committee meetings are a workshop and the thought was to limit the time for public comment so that the meetings are not delayed. Administrator Olson noted that if the ordinance is not approved, public comment will still be on the agendas due to a change in the law. Alderman Spears stated that she encourages residents to attend committee meetings and felt that they should be allowed to speak without a time limit. A motion was made by Alderman Munns to amend the ordinance to add a clause regarding warnings and removal from meetings; seconded by Alderman Spears. Administrator Olson asked the City Council to allow two weeks for him and Attorney Orr to investigate the state statutes and case law with regards to the suggested amendments. Alderman Munns also suggested that the ordinance address cell phones at meetings; the public should make sure they are off. Attorney Orr stated that this could be added also. A motion was made by Alderman Spears to table the ordinance for two weeks; seconded by Alderman Munns. 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 CITY ATTORNEY'S REPORT Attorney Orr reported that Alderman Golinski had asked about Kendall County court fees being used towards KenCom. She researched the question and found that there is a statutory provision that places a cap of $1,000.00 on fees. The fees set by the county are not necessarily what the judge imposes; this is based on what he feels is the severity of the crime. She felt that there was no guarantee of revenue from the court fees. The Minutes of the Regular Meeting of the City Council — January 25, 2011 — page 5 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Fredrickson reported that the City Council had an amended financial report on their desks for review. There will be a presentation on February 8, 2011 by the auditors. He invited the City Council to email him any questions they may have. He also reported that there was a typo on page 7 of the Compliance Report, which is the communication from the auditors. The last two paragraphs actually apply to last year's audit and should be deleted. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Hart reported that Sergeant Barry Groesch would be retiring on February 15, 2011 after twenty- seven years on the force. There will be a retirement party at the Lakeview Restaurant on February 23, 2011 in his honor. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Downtown Businesses Luncheon Alderman Golinski reported that he attended the Downtown Businesses Luncheon on January 17, 2011. IDOT made a presentation on the Route 47 widening and businesses were able to ask questions about the project. IDOT explained that they were projected to start advertising forbids for the project August 2011 with it beginning fall of this year or spring of 2012 and lasting through two construction seasons. Metro West Breakfast Alderman Golinski reported that he attended the Metro West 2011 breakfast where he spoke with state legislators about issues concerning Yorkville. There were eight state legislators available for questions. Administrator Olson, who also attended, added that all eight were in favor of cutting the state out of the middle of local income tax disbursements; the funds would go directly to local government. Also, some were not aware of or did not oppose the FOIA law amendment regarding commercial requests. He explained that under the current law, businesses can FOIA for addresses, etc. to help their businesses. Alderman Golinski added that all eight were in favor of putting back the municipalities' share of income tax. Administrator Olson explained how the law is codified and its potential affect on municipalities. HB 175 Alderman Gilson reported that HB 175 was presented in order to repeal tax hikes made in the lame duck session. The bill is currently in the house. The Minutes of the Regular Meeting of the City Council — January 25,2011 — page 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Ordinance Amending the Code of Ordinances Providing for a Sewer Infrastructure Improvement and Maintenance Fee (PW 2011 -06) A motion was made by Mayor Pro Tem Plocher to approve an ordinance amending the Code of Ordinances Providing for a Sewer Infrastructure Improvement and Maintenance Fee; seconded by Alderman Munns. Alderman Spears stated that she was voting against this ordinance because it is just another additional expense the citizens will have to pay especially when the city has money to spend on live entertainment and extra funds for a "party account ". Motion defeated by a roll call vote. Ayes -4 Nays -4 Spears -nay, Plocher -aye, Werderich -aye, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -nay Ordinance 2011 -04 Amending the Code of Ordinances Amending the Nuisance Regulations for Weeds and Vegetation (PW 2010 -47) A motion was made by Mayor Pro Tem Plocher to approve an ordinance amending the Code of Ordinances amending the Nuisance Regulations for Weeds and Vegetation; seconded by Alderman Teeling. Alderman Gilson stated that he expressed his concerns about the ordinance at the Public Works Committee meeting. The major complaint he gets from residents is that someone's grass is over 8" high. Residents might not understand the ordinance which allows an increase to the height of grass before mowing is needed. He felt this would generate more calls so he was against the ordinance. Alderman Spears also did not support the ordinance. She stated that she has received many calls about weed height and she felt this was going against what residents requested. She agreed with Alderman Gilson that it would create more problems. Alderman Teeling disagreed. She stated she spoke with residents in Grande Reserve who referred to their subdivision as "Viet Nam" due to the sporadic weeds. Other concerns they expressed were that the mowing of weeds kicked up rocks which dented their siding and that there was erosion due to the lack of ground, cover. Some indicated they would be pleased with the planting of natural grasses. She noted that the developers or banks who owned the property would be responsible to pay for the tilling and planting of the property. Alderman Spears stated she also spoke to Grande Reserve residents as well as some in the Autumn Creek subdivision who indicated they were against the planting. She suggested that the matter be tabled until residents could be surveyed for their opinion. Mayor Pro Tem Plocher noted that doing a survey would cost the city money. Alderman Spears suggested putting it in the city's newsletter. Alderman Golinski asked what the staff recommended. Administrator Olson stated that staff recommended the ordinance in the packets and that they actually brought this forward. Mayor Pro Tem Plocher asked Director Dhuse to explain the process. Director Dhuse stated that the ordinance gives people an option to re -grade the land and seed empty lots in order to save mowing costs. He stated that the Public Works Department was comfortable with the ordinance and he noted that not everyone will want to do this. Alderman Gilson noted that not everyone will find the grasses appealing. Alderman Munns added that he personally did not life the look but he would support staff s recommendations. Administrator Olson agreed that the aesthetic benefit is subjective however he stated there is an environmental benefit and it will help staff with property standards enforcement. A motion was made by Alderman Spears to table the ordinance until after a survey of the residents could be completed. The Minutes of the Regular Meeting of the City Council — January 25,2011 — page 7 Motion died due to the lack of a second. Original motion approved by a roll call vote. Ayes -6 Nays -2 Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay Resolution 2011 -03 Approving a Revised Parkway Tree Program (PW 2010 -77) A motion was made by Mayor Pro Tem Plocher to approve a resolution approving a revised Parkway Tree Program and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Director Dhuse explained that many people who are in subdivisions which have not been accepted by the city want trees planted in the parkways. This resolution is a way to get the trees planted and have developers be responsible for the cost. Alderman Gilson proposed an alternative plan; bill the developer for the cost of the tree upfront and then deposit the funds to help offset residents' costs. The developer will not have the cost of planting the tree and they won't have to guarantee the tree. He felt that developers would buy into this plan and it would also benefit residents. Director Dhuse explained that the city purchases the trees at a cost of $140.00 /tree. The city's portion of the cost is the installation of the trees. He stated the developer may be able to purchase the tree for less if they purchase trees at wholesale. He questioned what would happen if the developer does not pay. Alderman Gilson stated that the resident would not be able to participate. Administrator Olson stated there are only three developers in town that will be responsive to any requests. The others have been bought out and don't want the obligations. The issue with Alderman Gilson's proposal is what happens when the developer does not pay. A motion was made by Alderman Gilson to amend the program to have developer's front fund for trees; seconded by Alderman Spears. Motion to amend defeated by a roll call vote. Ayes -4 Nays -4 Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye, Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -nay 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 Downtown Parking Lot — Engineering Amendment #1 (PW 2011 -07) A motion was made by Mayor Pro Tem Plocher to amend in the amount of $9,500.00 an increase due to the major revision of the project design referring to EEI agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. City Engineer Wywrot explained that the city looked at several alternates for the parking lot and alternate #1 was selected. The city has an agreement with Engineering Enterprises, Inc. (EEI) for review of the parking lot which IDOT is funding. They reviewed alternate #1 but found that it will cost significantly more than IDOT is willing to fund. Because of this, alternate 92, with access off of South Main Street, was chosen. Alderman Gilson went over what was discussed at the Public Works Committee meeting. He stated that the parking lot cannot move forward due to the wall and impact on the foundation of the old jail building. The design is $400,000.00 more than the estimate which was extremely low. He asked who prepared the plans. City Engineer Wywrot stated that the Community Development Department did the preparations. Alderman Gilson noted that there was a cost for EEI to look over the second alternate and he asked if the city paid for this and Mr. Wywrot stated they did not. He further explained that staff asked EEI to review the first alternative and if it could not be built for what IDOT wanted to pay, the city needed to know right away. EEI prepared the preliminary estimate and when it was significantly higher than the funds from IDOT they met with staff to discuss it. Alderman Gilson was concerned that alternate 42 also might not be able to be done under budget. He suggested that the city might want to get a detailed cost estimate before proceeding. Mr. Wywrot indicated that alternate #2 is the only other option that can be considered The Minutes of the Regular Meeting of the City Council — January 25,2011 — page 9 and IDOT has cut a check for the design. Administrator Olson added that a cost estimate is included in the amendment. If EEI says the parking lot cannot be built for $643,000.00 then the staff will go back to IDOT advising them the amount is not feasible. Alderman Gilson asked if it would cost the city more if a third design is needed and Mr. Wywrot stated it would. Motion approved by a roll call vote. Ayes -7 Nays -1 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye] ECONOMIC DEVELOPMENT COIVEMWEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Park Deed Alderman Golinski asked if staff looked into the Riverfront Park deed. He was curious where the land began. Administrator Olson explained that the land indicated on the deed started west of 301 E. Hydraulic and included the trailer building and everything east of it. He stated that the deed would be discussed further at the January 27, 2011 Park Board meeting. ADJOURNMENT Mayor Pro Tern Plocher entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Golinski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:35 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois , r REGULAR CITY COUNCIL MEETING January 25, 2011 PLEASE PRINT i NAME: SUBDIVISION OR BUSINESS: e ci Al' L- ��� u6) w r� ��� 7Z- I I SIGNIN I