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City Council Minutes 2011 02-22-11 MINUTES OF THE REGULAR MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, FEBRUARY 22, 2011 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 (via telephone) 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 Gardiner, Police Chief Hart, Deputy Chiefs of Police Delaney and Hilt, Public Works Director Dhuse, Finance Director Fredrickson, City Engineer Wywrot, Community Development Director Barksdale -Noble and City Park Designer Schraw. 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 Spears requested that the following items be removed from the consent agenda to the regular agenda: • Item #I - Ordinance Amending the Code of Ordinances Providing for Citizen Comments at City Meetings (2010 -108) - move to the City Council Report. • Item 94 - North McDonald's — Temporary Easement (PW 2011 -11) - move to the Public Works Committee Report. • Item #6 - Treasurer's Report for January 2011 (ADM 2011 -05) moves to the Administration Committee Report. Amendments approved unanimously by a viva voce vote. Mayor Burd requested that Item #1 under the Mayor's Report be tabled to the next City Council meeting. Amendment approved by a viva voce vote (Ayes 7 Nays 1) Mayor Burd also requested an Executive Session to discuss litigation be added to the regular agenda after Additional Business. Amendment approved unanim ously by a viva voce vote. Mayor Burd requested that Item #7 under the Mayor's Report - Whispering Meadows Units 1& 2 — Completion of Improvements (CC 2011 -16) be moved to under the City Council Report Amendment approved unanim ously by a viva voce vote. Alderman Plocher questioned if Item #6 - Treasurer's Report for January 2011 (ADM 2011 -05) should be tabled until the next City Council meeting. Administrator Olson stated that staff has requested that it move forward. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., March 15, 2011 City Hall Conference Room i The Minutes of the Regular Meeting of the City Council — February 22, 2011— One 2 Economic Development Committee: 6:30 p.m., March 7, 2011 ** *New date City Hall Conference Room Administration Committee Meeting: 6:00 p.m., March 17, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., February 24, 2011 City Hall Conference Room PRESENTATIONS None PUBLIC HEARINGS None. CITIZEN COMMENTS Kim McGuire, Creative Kernels, explained to the City Council that she was interested in renting the old police station building at the riverfront for her business. She distributed a flyer and samples of her gourmet popcorn. She explained that currently she is an internet business however customer_ s have been asking her to expand into a store front. She stated that she was approached by Mayor Burd about the building and that she felt the location held great potential for her business and the city. Charlie Walker, Windett Ridge, stated that he was confused by the amendment to the ordinance covering resident's comments. He asked if this was on the agenda tonight. Mayor Burd stated it was and explained that there will be no restriction to a resident's right to speak at any meeting. Mr. Walker noted that the constitution guarantees free speech and if it is limited it creates a situation like the one occurring in Egypt. Walt Stegner, Wildwood H, stated- he could not say it better than Mr. Walker when it came to the ordinance for resident's comments. CONSENT AGENDA 1. Stagecoach Crossing (Saravanos Development) — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed prior to May 20, 2011 (PW 2011 -09) 2. Route 47 and Cannonball Trail Intersection — Engineering Agreements — authorize the Mayor execute (PW 2011 -10) 3. Resolution 2011 -04 - Rush - Copley Freestanding Emergency Center — IDOT Highway Permanent and Resolution — authorize the City Clerk to execute (PW 2011 -13) 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 None. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of January 25, 2011; seconded by Alderman Werderich. Alderman Sutcliff noted an error on page 1 of the minutes under introduction of guest. It should read "Mayor Pro Tern Plocher" instead of Mayor Burd. 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 February 15, 2011, totaling the following amounts: checks in the amount of $237,056.45 (vendors); $6,686.59 (payroll period ending 1/21/11); $227,474.14 (payroll period ending 1/29/11); for a total of $471,217.28 (total); seconded by Alderman Munns. I i The Minutes of the Regular Meeting of the City Council — February 22, 2011— page 3 Alderman Gilson stated that he had a question about a bill for an update letter to the auditors in the amount of $1,321.50 (on page 7). He stated that he received a response from Administrator Olson but he wanted clarification if it was for legal verification of products or bids. Administrator Olson stated it was for the attorney's response to the auditors questions about litigation expenses. Alderman Gilson asked how many letters were issued. Administrator Olson explained that every attorney that associates with the city such as Attorney Orr, Attorney Gardiner, etc., was asked for a letter. Alderman Gilson expressed his concern with the amount charged for the responses. Director Fredrickson noted that this was part of the audit process each year. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Plocher -aye, Spears- present, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -aye, Werderich -aye REPORTS MAYOR'S REPORT Ordinance 2011 -06 Approving a Lease Agreement with Specialty Expeditions Inc. (DBA Geneva Kayak Center) for 301 E. Hydraulic Avenue ( Riverfront Building) — Second Reading (CC 2011 -09) Mayor Burd entertained a motion to approve an ordinance approving a Lease Agreement with Specialty Expeditions, Inc. dba Geneva Kayak Center for 301 E. Hydraulic Avenue — Riverfront Building and authorize the Mayor and City Clerk to execute. So moved by Alderman Werderich; seconded by Alderman Munns. Mayor Burd explained that this was a lease for the former Park Department building that the city no longer needs to use as office space. The lease will bring in income to the city. An RFP was put out which was not limited to canoe/kayak businesses. Several businesses showed interest however the Park Board recommended the lease be awarded to this business. Administrator Olson noted that the vender requested a change to the lease on page 14 under #31.2.1.3. They asked that this be changed to read "... does not exceed 50% of boat sales in any ...." If they sell more than 50% of used boats they agree to pay the city 2% of the profit. A motion was made by Alderman Sutcliff to amend the ordinance as requested by the lessee; seconded by Alderman Plocher. Motion to amend 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 Motion as amended approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teelmg -aye, Gilson -aye, Sutcliff -aye, Munns -aye Western Riverfront Park Building RFP (CC 2011 -12) Mayor Burd entertained a motion to approve the form of the RFP for the western Riverfront Park building — 131 W. Hydraulic Avenue and authorize staffto publish the RFP. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Mayor Burd explained that the RFP was for the old police station building. She stated that a question came up at the Administration Committee meeting regarding federal grant money used to construct the building. She explained that it was originally a ComEd station and that the property was purchased in two parcels. No grant money was used for the purchase as far as staff can tell. She further noted that there are three possible renters for the property. 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 I I i i The Minutes of the Regular Meeting of the City Council — February 22, 2011— Page 4 REC Center Budget Analysis (CC 2011 -13) Mayor Burd turned the Rec Center discussion over to Administrator Olson. Mr. Olson explained that three different spread sheets were placed in the packet and that the numbers were subject to change. He stated that upon analysis it was cheaper to keep the Rec Center runnin rather than ceasing the operation immediately due to the contract requirements which runs through June 2013. Alderman Golinski noted that the second scenario (operating through June 2013) does not reflect a revenue projection for 2013 but shows expenses. Administrator Olson explained that he showed conservative numbers due to the revenue rebate when the contract ceases. Expenses are fixed however revenue varies with membership. Alderman Gilson had questions on the line items on page 7 of the analysis. He asked why part-time salaries weren't reduced from $98,000.00. Administrator Olson stated that he kept the assumption that the service level would remain the same as today. Other adjustments can be made to staffing levels, maintenance contracts, expenses, etc. if the center is going to be terminated and no excess money is to be spent. Alderman Gilson made note that pre - school and instructor wages are also increased from the 2010 budget. He asked if consideration could be given to cutting these areas. Administrator Olson stated that this could be considered however it would impact staffing at different levels such as the front desk and classes. Alderman Gilson noted increases in several line items such as publishing and advertising, scholarships, postage and shipping and professional services. He suggested these areas be pared back if this proposal is considered. Alderman Gilson commented that he could not understand why the city entered into the contract for the Rec Center. He felt it was a lose -lose situation and that projections for the Rec Center may have been inflated. He also noted that the staff presented the Rec Center as being self - sustaining. Ordinance 2011 -07 Approving the First Amendment to the Incentive Agreement between the City and the DTD Investments for the Fountainview Subdivision (CC 2011 -14) Mayor Burd entertained a motion to approve an ordinance authorizing the execution of the first amendment to and reinstatement of a Development/Economic Incentive Agreement with DTD Investments, LLC ( Fountainview) and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Mayor Burd explained that the agreement, which had confusion about rebates, has been renegotiated to benefit the city. Administrator Olson further explained that the original agreement had two rebate amounts and eligible expenses which were confusing. He stated that the developer had a challenge with a letter of credit (LOC) and bonds for improvements and for the remaining work on the site especially since banking standards have changed. Now 50% of local sales tax will sit in a fund until improvements are completed. If the improvements are not done, the funds will be available for the city to finish the project. The final plat will not be released until a LOC or bond is obtained. Mayor Burd noted that Car Care Collision has already hired staff and this is delaying them from opening their business. If the ordinance is not approved the building will be vacant and the bank will foreclose. Alderman Gilson referred to the memo on the ordinance and asked the following questions: • Were the contractors paid in full? Administrator Olson stated they were. • What was the sales amount? Administrator Olson stated that he was unsure if he could disclose this information. • How much income will the city receive from Car Care? Administrator Olson did not have a figure and explained that the majority of their business is service related not sales. • Does the bond include the owner's lot? Administrator Olson stated that the developer is selling one lot to Car Care and is trying to get users for the other lots. There is an escrow account with funds to complete improvements to Car Care's lot. • Was the developer unable to get a LOC for the three lots? Administrator Olson stated that this is correct and reiterated that Car Care will improve on lot. • How will the developer get LOC's for the remaining lots? Mayor Burd explained that sales tax will apply for the two lots. • What if Car Care becomes defunct? Administrator Olson stated that no improvements will be completed and there will be a breech in the agreement. i The Minutes of the Resular MeetinE of the City Council — February 22, 2011— Vase 5 Alderman Gilson felt there was an issue in making concessions to a developer who cannot meet the original agreement and he did not feel this should be done because of a lack of funding. He felt that this was a gamble which could cost the city more. He suggested that the agreement remain as is. Mayor Burd asked if any bonds were in place and Administrator Olson stated there were not. Mayor Burd commented that if the amendment isn't approved there will be a vacant building on the property and no additional work will be done. Car Care will put funds into escrow for work on their property. She reminded the Council that this project brought sewer and water into the Kendall County facility next door. Alderman Gilson asked why there were no LOC's or bonds for the remaining lots. Administrator Olson explained that two bonds were in place for IDOT highway permit work which was fully funded and for earthwork on the site. There was not plat to trigger the bonds so the developer has been doing work at their own risk. Attorney Kramer, attorney for the developer, clarified that there is $91,000.00 in escrow being put up by the developer not Car Care. This is in place for the remaining improvements to the lot. There was a LOC for public improvement (earthwork) which has been reduced for the work already done and it remains for the remaining two lots. He stated that work should be done this summer and will not be dependent on sales tax. He further noted that approving this amendment puts twelve people to work. He asked the City Council to support. Alderman Werderich commented that the decision on this property has come to the city under strange circumstances, pending litigation and lost jobs. He supported the amendment but did not like how it was presented. Alderman Spears commented that she had mixed feeling about the ordinance. If it does not materialize it will be a similar situation as the interceptors, sewers, etc. and the city will have to spread the expense to the residents. Attorney Kramer explained that residents will never be called upon to add sewer or water because they are already in place for the future benefit of the re mainin g two lots. This was secured by sales tax as collateral. Alderman Spears asked what the worst case scenario could be. Attorney Kramer stated it would be a business not operating and two vacant lots sitting until the economy is better. Mayor Burd stated that the city was not on the hook for anything. Anyone developing the other two lots will have to guarantee the work and post bonds. Aldermen Munns and Teeling both indicated that they supported the amendment. Alderman Gilson asked what the dollar amount was for the punchlist. Administrator Olson stated that the amount was $191,000.00 and it was outlined in the ordinance. Attorney Kramer added that $91,000.00 is for the onsite punchlist and $100,000.00 is estimated for other improvements. Attorney Kramer added that Car Care has no obligation in the matter; it all falls on the developer, DTD. Alderman Gilson asked how the city will be able to pay for improvements if the operation becomes defunct. Attorney Kramer stated that the sales tax incentive collateralizes this. He also explained that the city won't issue any further building permits until a LOC is posted. Also there is al 0% one year bond in place. Motion approved by a roll call vote. Ayes -7 Nays -1 Golinski -aye, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Raintree Park B Playground Bid Award (CC 2011 -15) Mayor Burd entertained a motion to award the contract to the Kenneth Company for the base bid and alternatives #1 and 42 in an amount not to exceed $64,560.00. So moved by Alderman Werderich; seconded by Alderman Teeling. Alderman Plocher stated that he hoped the contractor would play by the rules and not delay the project. Mayor Burd explained that a grant is being used for the park which requires the lowest bidder does the work. The city does not have the discretion to pick the contractor. Alderman Spears noted that there was a problem because the contractor did not honor prevailing wages and because of this she could not support the award. She stated that the grant administrator supported the city in the matter. Administrator Olson explained that the grant administrator is from the IDNR and i The Minutes of the Regular Meeting of the City Council — February 22, 2011— page 6 suggested following the requirements or risk losing the grant. The Park Board discussed that if the developer did not follow the prevailing wage act they would have been put in the forbidden bidder list and they are not on it. Some of their other projects were checked and the Park Board feels they can handle this one. The contractor has also stated they will support prevailing wages. Mayor Burd noted that union members attended the Park Board meeting and they understand the city's position. Alderman Sutcliff asked if the grant would be lost if this is not approved. Administrator Olson stated that the grant administrator alluded to this. He further noted that the other bidder had limited experience. Motion approved by a roll call vote. Ayes -5 Nays -2 Present -1 Teeling -aye, Gilson- present, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -nay, Werderich -aye, Golinski -aye Wheaton Woods Cell Tower Lease Agreement (CC 2010 -114) Mayor Burd entertained a motion to amend a previously approved land lease agreement between the United City of Yorkville and Chicago SMSA Limited Partnership doing business as Verizon Wireless for a flagpole cell tower within Wheaton Woods Park and authorize the Mayor and City Clerk to execute a Memorandum of Lease and a revised Land Lease Agreement. So moved by Alderman Werderich; seconded by Alderman Golinski. Director Barksdale -Noble explained that the amendment was requested by Verizon because they couldn't get plans for the site until March 1, 2011 so they asked for a date change. 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 COUNCIL REPORT Ordinance Amending the Code of Ordinances Providing for Citizen Comments at City Meetings (CC 2010 -108) A motion was made by Alderman Spears 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 Werderich. Alderman Spears complimented the City Council for not limiting resident's comments. She noted that at a previous meeting she suggested the City Council allow people to comment at the end of the meeting. A motion was made by Alderman Spears to amend the ordinance to allow resident's to speak at the end o a meeting; seconded by Alderman Gilson. Alderman Munns was concerned that if one person speaks, then another it could become a debate and go one for awhile. Alderman Spears stated that the comments would be handled the same way as in the beginning of the meeting. Alderman Munns felt there should be some limit to the second comment section or it could go on all night. Mayor Burd agreed it should just be comments not a debate. Alderman Golinski felt there was no point to the ordinance and things should be kept as they are. A public comment section should just be added to each agenda. Mayor Burd agreed with Alderman Golinski. She suggested keeping the possibility of limiting the comment time in case comments keep the City Council from doing business; hear what people have to say but don't let it take over the meeting. A motion was made by Alderman Plocher to table the ordinance indefinitely; seconded by Alderman Sutcliff. Motion to table approved by a roll call vote. Ayes -6 Nays -2 Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay Administrator Olson noted that the City Council agenda falls under the Governing Ordinance and if the agenda is amended it would have to be done by amending the ordinance. He stated that the city is in compliance with the Open Meetings Act without the amendment. The Minutes of the Regular Meeting of the City Council — February 22, 2011— Page 7 Whispering Meadows Units 1& 2 — Completion of Improvements (CC 2011 -16) A motion was made by Alderman Sutcliff to call the performance bonds for Whispering Meadows Units 1 and 2 to complete the land improvements; seconded by Alderman Teeling. Alderman Sutcliff commented that there have been ongoing problems because part of the subdivision has not been completed. Units 1 and 2 do not have the final coat of asphalt on the roads which causes flooding of the streets and icing. City Engineer Wywrot explained that once the improvements are made the city will be taking over the streets. He stated that Units 1 and 2 are 90% complete while Unit 4 is 50% complete. Alderman Golinski agreed that the streets in the subdivision are in bad condition, full of potholes and need to be paved. Motion approved by a roll call vote. Ayes -8 Nays -0 Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson reported that there would be a Special City Council Meeting this Saturday to discuss the proposed budget which is on the city's website. Also, WSPY and the Kendall County Record have asked to use the city hall for a candidate forum. He stated that the city does not have a policy addressing this. They would like to use City Hall March 28, 2011 starting at 7:00 p.m. If there is no objection from the City Council he stated that he would let them know they may use the chamber. There was no objection. Alderman Golinski questioned why they were not using the Historic Court House. The reporter present from WSPY explained that the radio station is using Owego's chamber for their forum so they would like to keep the venue the same for Yorkville. DIRECTOR OF PARKS & RECREATION'S REPORT No report. FINANCE DIRECTOR'S REPORT Annual Treasurer's Report for Fiscal Year 2009 —2010 (ADM 2011 -06) Director Fredrickson reported that the Annual Treasurer's Report is being presented as an informational item. He stated that he would be posting it on the city's website and in the local newspaper. He stated that any questions can be directed to him. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse explained that the department would be trimmin parkway trees due to some limbs being in the way of school buses, snow plows, etc. Also, the RFP for Fox Hill and Sunflower Estates SSA is on the website and in the newspaper. CHIEF OF POLICE'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meetinz of the City Council — February 22, 2011— page 8 COMMUNITY RELATIONS OFFICER'S REPORT Mayor Burd thanked Alderman Plocher for taking over the Volunteer Appreciation event for her. She asked Alderman Sutcliff to give a report. Alderman Sutcliff reported that Maria Spaeth from the Kendall County Food Pantry was chosen to be Volunteer of the Year. She stated that the there have been comments about the spending for the event which came to $347.70 for music and food. About 100 people attended the event and had a good time. She felt it was money well spent. She noted that the money spent was earned by Community Relations Officer Spies. Alderman Spears called point of order. She felt Alderman Sutcliff was making a personal attack against those who objected to the spending. Mayor Burd stated that when someone mentions what was said at a previous meeting it is not a personal attack and that she would override anyone who continues to say this Alderman Golinski stated he also attended the event and that Mrs. Spaeth gave a moving speech. He recommended that people view it on the Yorkville Patch website. Mayor Burd stated that a variety of volunteers were present at the event; volunteer who have worked for years. She was glad that it was a great event. Alderman Gilson asked to clarify Alderman Sutcliff's comment about how the event was paid for. He asked if the money came out of the budget or if it was sponsored. He stated that he had nothing against volunteers however the issue was if the money spent was taxpayer's money. Mayor Burd explaine$at there is confusion about money coming out of the budget. She stated that when money is raised by sponsorships it goes into the budget. This event was funded by the proceeds of the Route 34 Garage Sale event. Director Fredrickson added that he now has a spreadsheet to track sponsor dollars. COMMUNITY & LIAISON REPORT Train Station Mayor Burd reported that she and Oswego Village President LeClercq met with Congressman Hultgren to discuss a proposed train station on Orchard Road. The Congressman pledged his support for the station as he is on the transportation committee. A train station could bring economic development to Yorkville. Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting on February 15, 2011. They reviewed the minutes from the joint meeting with the City Council and stated they appreciated the meeting. They will be sending a letter to each member of the City Council regarding the Intergovernmental Agreement for payments. Since the joint discussion, the city has been making timely payments to YBSD. Other things discussed were bridge construction, removal of the dam, bill list, etc. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT North McDonald's — Temporary Easement (PW 2011 -11) A motion was made by Alderman Plocher to approve the North McDonald's Temporary Easement and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Alderman Spears asked what this is costing the city and if it is in the budget. City Engineer Wywrot stated that the estimate is $1,000.00 to $1,500.00 and that this was in the budget. He noted that the city is paying $1.00 to McDonald's for the easement. Motion approved by a roll call vote. Ayes -8 Nays -0 Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — February 22, 2011— page 9 ADMINISTRATION COMMITTEE REPORT Treasurer's Report for January 2011 (ADM 2011 -05) A motion was made by Alderman Sutcliff to approve the Treasurer's Report for January 2011; seconded by Alderman Werderich. Alderman Spears noted that previously the City Council got a spreadsheet with the fund balance which carried the balance out over several months. She stated that she found the spreadsheet beneficial. Director Fredrickson explained that this was done away with due to a lack of accuracy. Some information distorts the fund balance such as debt service. He stated he showed the fund balance and tried to tie it to audit information. He indicated that he would research the matter and get back to the City Council. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye ADDITIONAL BUSINESS CMAT Grant Alderman Gilson asked about the CMAT Grant; he thought that it was moving forward to the City Council. City Engineer Wywrot stated that it will be on the March 8, 2011 City Council agenda after the Integrated Transportation planning meeting. Windett Ridge Punchlist Alderman Gilson discussed an email from Administrator Olson about Windett Ridge and its punchlist. He stated that he asked Administrator Olson if there were enough funds available to complete improvements. The email states the funds in the bonds are not sufficient to complete the punchlist items. He asked how deficient the bonds were. City Engineer Wywrot stated that he could prepare a cost list for the City Council. Administrator Olson added that he had a question from a resident about the developer's obligation for public improvements as well as about the Homeowner's Association. He stated that there is no official position on the HOA. Mayor Burd stated that the city did not call the bonds so that there would be money available to complete the work. Management Report Alderman Golinski had a question about the Management Report and satisfied deficiencies. He noted that the auditors recommended that inter -fund transfers be reflected on a separate GL. He asked if the city had a separate GL. Director Fredrickson explained that the auditors want to see revenue and expenditures on separate line items. Alderman Golinski asked if there is anything to record inter -fand transfers and Director Fredrickson explained that they are listed in the funds themselves as revenue or expenditures. Alderman Gilson asked if the auditors will be back to a City Council meeting and Mayor Burd indicated they would be at the next City Council meeting. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending b6bre 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, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye The City Council entered Executive Session at 9:10 pm. The City Council returned to regular session at 9:30 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff, seconded by Alderman Golinski. Adjournment of the meeting was unanim ously approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council — February 22, 2011— Page 10 Meeting adjourned at 9:31 p.m. Minutes submitted by: u ll Jacquelyn Milschewski, City Clerk , City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING February 22, 201 -1 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: C- 4'zc�L�d f� F ob' ,Qlt�P"m �clrLr� MA-Q)Y MIC 1 4. 40Sk - L,3z 22 -- I AA r rnrnI // D R. L. T cN c Y0k ✓ IIF . w� ti s o eS� �Af SIGNIN REGULAR CITY COUNCIL MEETING Public Comment February 22, 2011 PLEASE PRINT NAME: SUBDIVISION OR BU SS: Z �-Ow i I I SIGNIN a l V� .-I. 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