Loading...
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