City Council Minutes 2011 04-26-11 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, APRIL 26, 2011
Mayor Burd called the meeting to order at 7:07 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 (arrived 7:19)
Ward III Munns Present
Sutcliff Present
Ward IV Teeling Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gardiner, City
Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Deputy Chiefs of Police
Hilt and Delany, 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 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 Item #1 on the consent agenda, Route 47 at Walnut Street (PW 2011 -22), j
be moved to the regular agenda under the Public Works Committee Report.
Amendment approved unanimously by a viva voce vote.
Alderman Spears requested that item 43 under the consent agenda, Resolution Declining City of
Yorkville Funding and Maintenance Participation of Bicycle Accommodations along Illinois Route 47
(Bridge Street), Between Route 126 (Schoolhouse Road) and Somonauk Street in Yorkville (PW 2011-
24) be moved to the regular agenda under the Public Works Committee Report.
Amendment approved unanim ously by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee Meeting: 6:30 p.m., May 17, 2011
City Hall Conference Room
Economic Development Committee: 6:30 p.m., May 3, 2011
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., May 19, 2011
City Hall Conference Room
Public Safety Committee Meeting: 6:30 p.m., May 26, 2011
City Hall Conference Room
* April 28, 2011 cancelled
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
The Minutes of the Regular Meeting of the City Council — April 26 2011— nape 2
CITIZEN COMMENTS
Dave Richmond, reminded the City Council that he was before them last month asking for a highway
agreement so that a no remediation letter could be issued for 802 S. Bridge. There is an alternative so he
asked the City Council to consider a limited ground water ordinance for the property. He stated that last
month it was questioned who would be legally responsible for remediation on the property. Per statute
the property owner is responsible along with the LUST fund. He noted that a draft of the new proposed
ordinance has been reviewed by the city attorney. It prohibits the use of the ground water in a defined area
where contamination exists. He asked the City Council for their approval of the ordinance and thanked
- City Engineer Wywrot for his help in the matter.
Tam and Michael O'Connell expressed their thanks to Mayor Burd and Alderman Sutcliff for their
service on the City Council. They stated that they got involved in the community because of them. They
presented Mayor Burd and Alderman Sutcliff with plants.
Kim McGuire, owner of Creative Kernels, informed the City Council that she was still interested in
renting the city's riverfront building for her business.
Carlo Colosimo noted that appreciation has been expressed for Mayor Burd, Alderman Plocher and
Alderman Sutcliffs service. He felt that people were forgetting Alderman Werderich. He stated that
even though they ran against each other at one time, they have become friends. He felt that Alderman
Werderich did a great job as Ward I alderman and he thanked him for his service.
Charlie Walker stated that it was great that private citizens want to finance the bike path. He felt that they
should finance the entire cost of the project, not just the city's portion. He noted that if the path is
constructed, the city will still have to maintain it. He reminded the City Council that the people of
Yorkville have voted no for the path. He asked them to listen to the people. In regards to the senior
garbage subsidy, he noted that the city wastes more money on the Rec Center. He noted that 50 million
seniors vote.
Kathy Neddo thanked Alderman Werderich for being the Ward I alderman and for helping with Windett
Ridge issues. She noted that there are still issues in the subdivision including unfinished punchlist items.
She expressed her surprise to find out that taxpayers are paying for health care for elected officials. She
felt that this should be looked at as well as the senior garbage subsidy. As to the bike trail, she felt that
this opportunity from the state may never come up again. She felt that if people want to volunteer to raise
money for the trail they should be able to. She asked the incoming City Council to respect each other and
reminded them that nothing gets done by pointing fingers and placing blame. She asked them to be a
team and treat each other with respect and professionalism.
CONSENT AGENDA
1. Resolution 2011 -08 - Game Farm Road / Somonauk Street — MFT Appropriation Resolution for
Right -of -Way and Temporary Easement Acquisition — authorize City Clerk to execute (PW 2011-
23)
Mayor Burd entertained a motion to approve the consent agenda as amended. So moved by Alderman
Plocher; seconded by Alderman Werderich.
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
None.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated April 19, 2011, totaling the following amounts: checks in the amount of $302,035.53
(vendors); $206,706.35 (payroll period ending 4/15/11); $6,921.01 (payroll period ending 4/15/11); for a
total of $515,662.89 (total); seconded by Alderman Werderich.
The Minutes of the Regular Meeting of the City Council — April 26 2011— Page 3
Alderman Gilson stated that he had a question about a payment on page 13 of the bill list in the amount of
$600.00 to Localgov Tim Schloneger. Administrator Olson provided an answer as to what this is for
however Alderman Gilson did not recall the City Council approving this. He felt $600.00 for a
subscription was too much. Administrator Olson explained that the subscription has been in place for
seven years however he just started sending the information to the City Council members via email. He
felt the information provided generates good ideas and was worth the $600.00. Alderman Gilson stated
that he asked what dues and subscriptions were in the budget and was not told this was part of that line
item.
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
Proclamation for Playful City USA
(CC 2011 -25)
Mayor Burd read a proclamation for Playful City USA (see attached).
Proclamation for Poppy Days
(CC 2011 -26)
Mayor Burd read a proclamation for Poppy Days (see attached).
CITY COUNCIL REPORT
Senior Garbage Subsidy Policy
(CC 2011 -27)
A motion was made by Alderman Sutcliff to give direction to the staff to write an ordinance that would
indicate that the senior garbage subsidy would be tied to the Circuit Breaker program qualifications;
seconded by Alderman Teeling.
Alderman Sutcliff stated that Alderman Gilson asked for figures for this program at the last meeting. She
stated that it is $142,632.00 to subsidize the garbage pickup for the seniors. Senior Services reports that
there are 225 seniors using the Circuit Breaker program. If the criteria for the program are used, the city
can save $7,161.00 /month. She stated that she knows of seniors who make over $100,000.00 /yeas who
get the senior subsidy. Also, some seniors have their children living with them so they have other income
coming in but still get discounted garbage pickup. She felt they were taking advantage of the system.
Alderman Gilson stated that he did request the information regarding the subsidy. The information shows
the yearly subsidy based on an estimate of 225 senior citizens who are currently enrolled in Circuit
Breakers. The information also states that the number does not include all seniors who qualify for the
program so the city still does not have an accurate number. He felt the City Council still did not have all
the facts to make a decision and the ones that they do have they just received today. He wanted to give
staff more time to get all the facts. Administrator Olson stated that he was unsure if there was a way to
get an exact amount of seniors who apply for Circuit Breakers so the best estimate was presented.
Alderman Spears stated that she knows of two examples of seniors who have adult children and
grandchildren living with them due to economics. She stated that she has given statistics on seniors
taking in their grown children. They don't qualify for Circuit Breaker if any type of income is coming in.
However, there are many individuals who do qualify for the program but haven't enrolled. She also noted
that the information provided to the City Council was received at 324 p.m. this afternoon which did not
allow time for review. She reminded everyone that the policy is to have information included in the
packets 48 hours before a meeting.
A motion was made by Alderman Spears to table this item back to the Administration Committee;
seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes -6 Nays -2
Munns -aye, Spears -aye, Plocher -nay, Werderich -aye,
Gohnski -aye, Teeling -aye, Gilson -aye, Sutcliff -nay
The Minutes of the Regular Meeting of the City Council — April 26 2011— Dage 4
Hydraulic Avenue Park Building RFP
(CC 2011 -28)
A motion was made by Alderman Sutcliff to give direction to staff to allow Creative Kernels, the second
choice by Park Board for the RFP for the Hydraulic Avenue park building, to enter into a contract for
their business at 131 East Hydraulic; seconded by Alderman Plocher.
Alderman Munns asked what happened to the first choice. Administrator Olson explained that part of the
RFP process was that any improvements done to the building are the responsibility of the lessee as well as
a short rental term. Upper Crust was the first choice but the building, especially the plumbing, is not
adequate for a food service business. They felt the amount of money needed for improvements was not
worth the lease term. Administrator Olson stated that he needed to know if he should negotiate with
Creative Kernels, the runner up, or if he should negotiate further with Upper Crust.
Alderman Golinski stated the he wanted to see Creative Kernels in Yorkville however this is a
conversation the Park Board needs to have.
A motion was made by Alderman Golinski to table this item to the Park Board meeting; seconded by
Alderman Gilson.
I
Motion to table approved by a roll call vote. Ayes -5 Nays -3 .
Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye,
Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -aye
CITY ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
Administrator Olson reported that a successful Tax Dodge was run with the best registration ever. The
event also received good reviews and he thanked staff for their efforts with the event.
FINANCE DIRECTOR'S REPORT
No report.
CITY ENGINEER'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Director Barksdale -Noble reported on the following:
• She is in the process of combining suggested changes to city code and will present them to the
Economic Development Committee in June. There will then be a public hearing on the changes.
• The Zoning Commission met April 22, 2011 and discussed the amendments to the Planned Unit
Development Agreement ordinance and open space districts.
• This is the fourth year Yorkville has applied to be a Playful City USA. The focus of the group is
to have play areas within % mile of residential development. The goal of the Park & Recreation
Department master plan is to combine Hometown Days with a Playful City activity. An
application for funding will be submitted once the activity is determined.
COMMUNITY RELATIONS OFFICER'S REPORT
No report.
I
The Minutes of the Regular Meeting of the City Council — April 26 2011— page 5
COMMUNITY & LIAISON REPORT
Cultural Arts Commission
Alderman Sutcliff attended the Cultural Arts Commission meeting. She distributed a map of a proposed
walking tour of the downtown area and information about plaques from the meeting. They are working
on the walking tour which will identify historical and architectural buildings. The plan is in the early
stages. They are also working on an introduction to the Cultural Arts Committee possibly through a
talent show fundraiser.
Advisory Committee
Alderman Golinski reported that he was contacted by U.S. Senator Mark Kirk to join his advisory
committee of mayors and village presidents. He hopes to host the group quarterly and the first meeting
was April 18, 2011. Alderman Golinski attended along with about thirty -five mayors and village
presidents. Senator Kirk developed the committee so that he could hear directly from municipalities. The
event was round table discussion where Senator Kirk went around the table and asked each participant
what was the most important thing for their community. Things discussed were funding for
transportation, sales tax from internet sales, etc. The Senator made it clear that the "earmark days" are
over and if a municipality wants to take advantage of federal funding they will have to learn how to
navigate bureaucracy. He introduced the group to his staffers who could be helpful with this.
Meeting with Congressman Hultgren
Alderman Golinski reported that he met with Congressmen Hultgren on April 19, 2011. It was a meet
and greet where they exchanged information. Their conversation touched on the Metra Station.
Redistricting Meeting
Alderman Spears reported that she attended the Redistricting Meeting held earlier today. She stated that
those who chose not to attend were wise. The meeting was delayed, no one signed up to speak, no map
was presented, etc. She stated she was very disappointed and expressed this to the group. The meeting
was a waste of taxpayer's dollars and time.
Park Board Meeting
Alderman Teeling reported that she attended the Park Board meeting where someone approached them
regarding renting out a part of the Rec Center. It sounded like a good option for review.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
802 S. Bridge Street — Proposed Groundwater Ordinance
A motion was made by Alderman Plocher to approve an ordinance prohibiting the use of groundwater as
a potable water supply by the installation or use of potable water supply wells or by any other methods
(802 South Bridge Street) and authorize the Mayor and City Clerk to execute; seconded by Alderman
Werderich.
Alderman Gilson noted that the City Council received a copy of the ordinance at the last minute and he
did not have time to read it.
A motion was made by Alderman Gilson to table the ordinance back to the Public Works Committee;
seconded by Alderman Spears.
Motion to table approved by a roll call vote. Ayes -7 Nays -1
Plocher -aye, Werdench -aye, Gohnski -aye, Teelmg -aye,
Gilson -aye, Sutcliff- -nay, Munns -aye, Spears -aye
Route 47 at Walnut Street Permanent Public Utility and Drainage Easement
(PW 2011 -22)
A motion was made by Alderman Plocher to approve the Route 47 at Walnut Street Permanent Public
Utility and Drainage Easement and authorize Mayor and City Clerk to execute; seconded by Alderman
Munns.
Alderman Spears asked if this property was county or city property. City Engineer Wywrot stated that it
is county property. Alderman Spears questioned why the city would spend money on county property
and she felt the owners would annex. She did not support accepting the easement.
The Minutes of the Regular Meeting of the City Council — Ayril 26 2011— page 6
Mr. Wywrot explained there was no cost to the city for the easement other than recording the document.
The cost of the sewer that the easement is needed for would be city funded when Route 47 is widened.
The purpose of the sewer is to service properties to the west which currently do not have city sewer or
water.
Administrator Olson stated that the City Council was not authorizing the sewer but was being asked to
accept the easement. If there is no construction in the area the property will just remain a city easement.
Alderman Spears was concerned that eventually this would cost the city money. Mayor Burd felt that the
city would not agree to put a sewer in and any construction cost would be part of an Annexation
Agreement for the property. Alderman Spears felt that this was a "mini Rob Roy Creek Interceptor" and
the city would be taking a chance. She did not feel this was necessary at this time.
Mayor Burd asked why the easement is being obtained now. Administrator Olson stated that the property
owner agreed to give the city the easement for free. Accepting it does not obligate the city from putting
in the sewer.
A motion was made by Alderman Spears to table the easement back to the Public Works Committee
meeting; seconded by Alderman Gilson.
I
Motion to table defeated by a roll call vote. Ayes -2 Nays -6
Werderich -nay, Golinski -nay, Teeling -nay, Gilson -aye,
Sutcliff -nay, Munns -nay, Spears -aye, Plocher -nay
i
Alderman Golinski asked Director Dhuse for his opinion on the easement. Director Dhuse stated that the
property could sell and the new owner may charge for the easement. If a sewer is stubbed in, the property
owner could have a recapture agreement. He felt it was more cost effective to stub the sewer in when
Route 47 is widened. It is also good for the development of the property. Alderman Plocher stated that
he has spoken with the property owner who wants to sell the property and he agreed with Director Dhuse;
- take the easement now while it is free.
Alderman Plocher asked what size sewer is planned. City Engineer Wywrot and Director Dhuse stated
that an 8" sewer is planned however they reminded the City Council that this motion is just for the
acceptance of the easement without any obligation for a sewer.
Alderman Gilson asked if this has been discussed with the property owners in the area. Administrator
Olson stated that it was not. He did state that the future sewer strengthens the position of the property
owners. He also explained that each property on Route 47 will be looked at for sewer while the widening
is being done.
Alderman Spears stated that she read the memo about a recapture rate. Administrator Olson stated that if
a sewer is constructed in the future the cost of the sewer can be recaptured when the property develops.
Alderman Golinski suggested accepting the easement and then telling the property, owner to pay for the
sewer. The property owner could handle the recapture. Alderman Gilson supported this option.
Motion approved by a roll call vote. Ayes -7 Nays -1
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -nay,
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye
Resolution 2011 -09 Declining City of Yorkville Funding and Maintenance Participation
of Bicycle Accommodations along Illinois Route 47 (Bridge Street),
Between Route 126 (Schoolhouse Road) and Somonauk Street in Yorkville
(PW 2011 -24)
A motion was made by Alderman Plocher to approve a resolution declining City of Yorkville funding and
maintenance participation of bicycle accommodations along Illinois Route 47 (Bridge Street), between
Route 126 (Schoolhouse Road) and Somonauk Street in Yorkville and authorize Mayor and City Clerk to
execute; seconded by Alderman Sutcliff.
Alderman Spears asked why the city was declining this. Administrator Olson clarified that this has
nothing to do with the bike trail referendum. He explained that the Integrated Transportation Plan (ITP)
does not identify Route 47 as a trail site. Instead it identifies a trail along South Main and the ComEd
easement. IDOT never planned to construct a trail through town so they want a written commitment from
the city that it is declining the bicycle accommodations.
The Minutes of the Regular Meeting of the City Council — April 26 2011— page 7
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
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Thank You
Alderman Plocher reported the he would not be at the next meeting because he has concert tickets. He
thanked the staff for the last four years and congratulated Clerk Milschewski for winning the election. He
presented her with his Ward H plaque.
Alternative Energy
Alderman Munns asked if the city had ever investigated alternative energy sources. Administrator Olson
explained that the city currently buys its electricity through NIlVIEC and has an agreement with NICOR.
It is a good idea however it just doesn't make sense at this time.
EXECUJIVE SESSION
Mayor Purd ep} ertained a motion to go into Executive Session for the purpose of the discussion of
minutes lawfully closed under this Act, whether for the purposes of approval by the body of the minutes
or semi -annual review of the minutes as mandated by Section 2.06; seconded by Alderman Werderich;
seconded by Alderman Plocher.
Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye,
Teelmg -aye, Gilson -aye, Sutcliff -aye, Mums -aye
The City Council centered Executive Session at 8:18 pm.
The City Council returned to regular session at 8:44 p.m.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded
by AlderMan Spears.
Adjournment of the meeting was unanim ously approved by a viva voce vde.
Meeting adjourned at 8:45 p.m.
Minutes submitted by:
Jacque yn Milschewski,
City Clerk City of Yorkville, Illinois