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City Council Minutes 2011 06-28-11 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,JUNE 28,2011 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward I I Milschewski Present Kot Present Ward III Munns Present(Left at approximately 9:22) Funkhouser Present Ward IV Spears Present Teeling Present Also present. City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart,Deputy Chiefs of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw,EEI Engineer Freeman,and Executive Director of YEDC Dubajic QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that Item#2 (CC 2011-67)and#3 (CC 2011-68)from the Mayor's Report be moved to the end of the meeting,after executive session. The City Council may or may not take action tonight. Also,on Public Works Committee Report item#3 (PW 2011-44)Mayor Golinski would like to table this issue till the next meeting. Alderman Milschewski requested that Item#2 on the Consent Agenda, (CC 2011-64)be tabled to the next city council meeting. Alderman Milschewski made a motion to table Public Works Item#3 and Consent Agenda Item# 2 to the next City Council meeting; seconded by Alderman Gilson. Motion unanimously approved by a viva voce vote. Mayor Golinski stated that there is a presentation for two different officers. Officer Kolowski and Ketchmark for AAIM Certificates of Appreciation for DUI Enforcement. Gentlemen come forward. PRESENTATIONS AA11M Certificates of Appreciation for DUI Enforcement Presented to Officer Timothy Kolowski and Officer Matthew Ketchmark Chief of Police Hart presented two officers certificates of appreciation for DUI enforcement. Chief of Police Hart talked about the importance of keeping drunks off the streets. Intoxicated motorists were given tickets and Officers Kolowski and Ketchmark received certificates of appreciation from the Alliance Against Intoxicated Motorists for giving the most DUI tickets. PUBLIC HEARINGS None. CITIZEN COMMENTS Dave Richmond talked about 802 South Bridge Street. This has come up several times. It first came up in January and in the Public Works Committee in February. There are many complex issues and he wants to briefly talk about a couple of them and asks for support.Mr.Richmond understands that the City Council's concern is what liability is the ground water ordinance to the city.Next year when IDOT widens Route 47 they are going to tear up the contamination that is in the right of way, eliminate the sanitary sewer,and no further remediation letter is given.The question presented to him was,why doesn't the family just wait for the widening of Route 47?The problem is the economic situation of that property. I The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 2 of 18 The contamination is not in the road way.It is around the sanitary sewer; which is in the right of way underneath the properties driveway. The environmental engineer does not believe there is a large plume of contamination, but is only pooled in the area next to the sewer. Former City Engineer Wywrot had posed the question to the Illinois EPA that if the city had to dig up the sewer or if the sewer cracked what happens between now and next year when Route 47 was widened. The Illinois EPA states there are different levels of clean up which are residential,industrial,and dirtier than that.It is all Industrial level clean up.If the dirt was dug out of that spot,the Illinois EPA states the dirt can be thrown back into the hole because it is an industrial level of clean up.Again,the question is,why the families don't just wait a year.When Pat Beardsly passed away about two and a half year ago,his children inherited the property. Those children included his son and two daughters,all of whom are not coming back to the community to run Flatso's Tire Shop Inc. Since Flatso's Tire Shop Inc is now being rented,the business is in a negative cash flow position.There is a mortgage on the property.Every month the children pay out$800 dollars more than they take in.The question is,how long should Pat Beardsly's children hold onto the property? At some point soon the property becomes under water.A good business man stops paying property taxes. Flatso's Tire Shop Inc goes out of business and becomes in disrepair.Then the economic developer has to work hard to get a business back in that pays sales tax and property taxes and is now an eye sore to community.While he knows the liability to the city's issue,he hopes he fully addressed it.The City Council's Former City Engineer Wywrot has recommended the city pass this Ground Water Ordinance. Richmond asks that the City Council think of also the benefits of Flatso's Tire Shop Inc and of a good business out there.He asks that the City Council vote in favor of this issue this evening. Amy Cesich,Raintree Village, spoke in favor of bike trails and shared pathways. With the$30,000 dollars from IDOT,the City Council should consider this issue in their voting.People keep saying that that citizens do not want bike trails. She wants bike trails. She lives in Yorkville, and her alderman speaks for her as well as the people who are negative. Yes,there are citizens who are in favor of the bike trails. Kate Elder, Caledonia,voiced her personal support and support from the people of her subdivision for bike trails. She asked the council to look at options for state funding toward the shared pathways. The bike trails would get people outdoors exercising.No one wants to see anyone killed by being on the roads. She believes that is priority number one, so she came to represent the people who want bike trails. Please, listen to your constituents and vote yes for the bike paths. Jesus Alaniz, Colonial Parkway, stated that given the state of politics in our nation,we the people should not be surprised that bike path issues have arisen.The fear is of our nation falling from a Republic to a democracy.Democracy, Alaniz stated,is always temporary, only existing until voters realize they can vote themselves gifts from the public treasury.From that point forward,voters will vote for candidates who promise benefits.Then every democracy will collapse resulting in dictatorship.He reminded us of the City Council's salute to the flag and in doing so he said the enemy does not lie within the City Council but it lies in Illinois' State Capitol and with the Democrats ruling Illinois and interfering in the citizens affairs.Alaniz stated that this is the United States of America.Americans build and rebuild community after natural disasters. America is rebuilding the Freedom Tower.America's Statue of Liberty is splendid. IDOT's reason that Route 47 and bike trails must be built together or nullified together due to cost are reasons but poor excuses. The thought that IDOT can't separate the two is deplorable. It is shameful,he states,that under Governor Pat Quinn,the City Council can't meet obligations to citizens because of threats to place Yorkville at the bottom of the list. Alaniz stated that petitions need to be signed by citizens of Yorkville and not people living outside the city. He said he was informed he had no chance in the Illinois courts and that was correct.July 4, 2011 we celebrate Independence Day. Over 200 years ago our country declared Independence from the king of England;therefore he challenges the court's authority. He understands the citizens desire to have this project built.He wants the City Council to be very careful. Alaniz recalled from the last meeting that one citizen tried to embarrass the City Council by saying the City Council promised to support this project.He believes the City Council acted boldly recognizing economic change.He opposed bike trails. He reminded the council of an evil action suffered by Alderman Spears when her lawn signs were sabotaged and her opponent signs were put up. First Lady Michelle Obama stated,after the Presidential election,that for the l st time in her life she was proud to be an American.Alaniz stated that as a Mexican boy born in the United States he was called derogatory names.He is proud to be an American. On June 24,2011 Alaniz witnessed something not seen in his 44 years of following government. The Mayor explained details of this project and one citizen objected to the trail being built. The Mayor didn't silence the citizen but offered the microphone so that all citizens could hear this citizen's objections. Then more citizens spoke against bike trails,then others began to argue among themselves. The Mayor called their attention by saying, "Take your shots at me not each other."Mayor Golinski took the heat.That is what real government looks like. Alaniz asks, "Where do we go from here?"Reject states proposal, table project until due date,tread carefully for there could be a recession.It is estimated that by September 2012 Illinois will have more people on welfare than will have people working.He requested that no decision be made tonight,thus sending the State of Illinois a message and let them know if the State wishes us well or ill. Jeff Hartman had a few comments on the bike paths/sidewalks. One concern is the comment of the wards conducting surveys on who wanted bike paths. The sum of the response of that information was that residents did not want bike paths/sidewalks.He can't recall ever receiving a survey or questionnaire inquiring about our interest for this project. He began wondering if his family didn't get information on The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 3 of 18 the bike paths maybe many other citizens did not receive any information, as well.He is concerned about the amount of response the city received on these surveys or questionnaires.If not all the residents were given that information,then how the city can use this information as a concrete argument against these proposed paths.He is here to offer his services and give of his time. If he can help poll the community or conduct some type of survey or questionnaire,he would be happy to do that.He wants to make sure, as elected officials; the citizens have elected the City Council to be the voice of the people.He just wants to make sure that the voice is being given to the City Council and not a few residents amongst however many residents live in Yorkville.He just wants to make sure the alderman are convinced about the response they received from these two surveys. He and his wife grew up in Naperville and when they built in Yorkville they knew that they were not moving to Naperville.They knew the differences between Yorkville and Naperville and were very aware of them.They did feel they were moving to a town that had the potential, opportunity, or the chance to follow along in similar developmental path as Naperville. As unconnected as we may think,people move to a Naperville, St. Charles,Batavia, or Geneva for a couple of similar reasons. Several reasons are for the schools, safety, and the businesses that are in Yorkville such as hotels,restaurants,and shopping. These towns that were mentioned, including Yorkville,are all situated right in the middle of a river.He believes there is potential for a significant amount of development over the next several years for the City of Yorkville. Getting back to the bike paths and sidewalks,people are going to move here for they have the ability to get from point A to point B easily, safely, and conveniently.He believes if the city does not put in these bike paths to make Route 47 more accessible, safe and convenient for the residents that all of the issues he just spoke about would potentially be in danger of not coming to Yorkville.Mr.Hartman stated that he and his wife moved here because of that potential.He understands the economy. His concern is that by not putting in these bike trails,it would have a significant impact on the City of Yorkville moving forward. He also wants to make sure the entire city is pooled accurately. Tom Gilmour,believes the city had that question surveyed with the last two referendums. If the citizens don't like a certain politician they vote them out the next time. The city did not want the bike paths. Kathy Neddo,a citizen, stated there were two referendums that citizens voted on.There was only 26%of the population that came out to vote. There are citizens here who want bike paths.The Mayors approach is the correct approach.Yorkville does not need to get blackballed from the State and have issues in the future.The cost of the bike trails is minimal. The history of the city is that there are bike trails out there today. The most money that has been spent on the bike trails is putting a coating on them.The city is looking at$116,000 dollars. The correct way to cut cost is taking out the extra frills.That is exactly how the city reduces expenses and cuts the budget. She asks everyone,before the budget passes,to look into the fact that the city has six part time council members receiving full time benefits which is costing this city over$110,000 dollars a year at taxpayers cost.The other issue is the senior garbage.There are 550 or so seniors who receive it and around 250 seniors who are on circuit breaker. She believes that every senior that needs help should have help,but not every senior should be paying 50 cents a month while the rest of the citizens pick up that cost. She wanted to put that on the record. CONSENT AGENDA 1. CC 2011-53 Minutes of City Council—May 10, 2011 2. CC 2011-65 Bill for Payment—$872,294.03 3. ADM 2011-28 Treasurer's Report for May 2011 4. Ordinance 2011-25 Declaring Compliance with Illinois Prevailing Wage Act—authorize Mayor and City Clerk to execute(ADM 2011-30) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Spears; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-aye,Teeling-aye,Kot-aye - REPORTS MAYOR'S REPORT Appointment to Library Board—Judy Somerlot (CC 2011-66) Mayor Golinski entertained a motion to approve the Mayor's Appointment of Judy Somerlot to the Library Board. So moved by Alderman Spears; seconded by Alderman Gilson The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 4 of 18 Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Appointment of Department Heads—City Administrator, Chief of Police,Director of Finance,Director of Public Works,Director of Parks and Recreation, City Attorney, City Engineer,Budget Officer (CC 2011-69) Mayor Golinski entertained a motion to approve the Mayor's Appointment of Department Heads as follows City Administrator Bart Olson,Director of Finance Rob Fredrickson,Director of Public Works Eric Dhuse, Chief of Police Rich Hart,City Engineer EEI,City Attorney Kathleen Field Orr,Budget Officer Bart Olson,Interim Director of Parks and Recreation Laura Schraw So moved by Alderman Munns; seconded by Alderman Spears Mayor Golinski asked if there were any comments or questions. Alderman Teeling asked since the City Council is going to be approving the contract for EEI tonight, should we wait for EEI to review the contract. Attorney Field Orr stated the City Council can go ahead and appoint it but there could still be difficulty with the contract. Alderman Teeling stated that she is very happy that the City Council is getting around to appointing the Department Heads.It is one of our city codes to do this the first meeting after the election and glad this is getting handled. She believes the staff is great Mayor Golinski stated that as an Alderman he knew the staff was good but now as Mayor he believes the staff is phenomenal.Working with the staff day in and day out is incredible.What the staff does is nothing short of amazing. He is happy to appoint everybody himself. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Consulting Services Contract with EEI (CC 2011-70) Mayor Golinski entertained a motion to approve an agreement for professional consulting city engineering services between Engineering Enterprises Inc EEI and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Spears Mayor Golinski asked if there were any comments or questions. Alderman Spears stated the city has done a lot of business throughout the years with EEI. She believes this is going to assist our city financially and she is confident in the work and service that they will provide. Alderman Teeling and City Administrator Olson had a discussion about the$1900 dollars per month that EEI will be receiving for attendance of the meetings.A question was asked if there is a set amount of meetings they attend?That information is in EEI's contract.EEI will attend City Council meetings, Staff meetings,Plan Commission Council,and Public Works meetings. The $1900 dollars is part of the $15,000 dollars.The$180,000 is the annual budget.For this year there is ten months left in the budget. There was discussion between Alderman Teeling and City Administrator Olson about the issue of having someone to field engineering questions and calls. If a staff member is set up to field these calls then the Alderman do not need to contact EEI. If not, should the Alderman automatically contact EEI directly which then could result in EEI potentially charging the city for having to get back to the Alderman with answers?City Administrator Olson stated that with all consultants it is his recommendations to go through himself or Community Development Director Barksdale-Noble.Depending on the topic and how detailed or complex it is it may require them to take it to a committee meeting and or discuss it first before they embark on incurring hours.Also,maybe the issue will be simple so City Administrator Olson or Community Development Director Barksdale-Noble may be able to answer the questions.Alderman Teeling does not have a problem with EEI but is curious how all this is going to work out. She believes the city should have a person with an engineering background that can field calls that relate to engineering. She stated that in the past she asked the previous City Engineer many questions. She wished the city had someone with an engineering background. She doesn't know from our end how this will The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 5 of 18 i work. City Administrator Olson stated it is his and Community Development Director Barksdale-Noble's responsibility to manage staff and resources to the extent they can answer a question.They will not farm it out to EEI unless there is some major time or cost efficiency in doing so.Anybody has a right to ask an engineering question whether an Alderman or Resident.It is just something we have to figure out on a day to day basis.The discussion continues in regards to the Route 47 lighting.Alderman Teeling stated that if we don't spend$15,000 dollars in one month the city can use that at a different month, so when there is extra engineering work and we have these hours banked, is that what we are banking,the hours? City Administrator Olson stated it is a hard yearly cap.The goal is for a quarter and then it has a monthly target. EEI knows what our budgeted amount is. City Administrator Olson stated that he and Community Development Director Barksdale-Noble have an interest in making sure that EEI comes in under that and that if EEI has money left over they will not just be doing work to gain hours.It has to be meaningful and helpful to the residents.Alderman Teeling questioned ifthe city feels comfortable that the$15,000 dollars is enough. City Administrator Olson stated yes and if it isn't there is a 7 day out clause and other options available. Alderman Spears strongly suggested that the City Council handles the engineering portion the same way the City Council handles the attorney portion.That procedure was established a long time ago.The city also had a policy as far as contacting staff. The City Council should contact the department heads if they have questions.The council expects the department head or City Administrator to come back with the response needed.At one point many City Council members were calling Attorney Field Orr directly and Attorney Field Orr was very kind not to charge the City. That is why these policies were established and Alderman Spears feels the policies are working well. Mayor Golinski stated that even as the Mayor he follows the policy. Alderman Teeling stated that was what she was trying to relay. Alderman Colosimo stated the City Council should ask questions to EEI as much as possible during the I meetings that EEI will be attending. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye Ordinance Approving the Revision of the 2011-2012 Fiscal Budget (CC 2011-71) Alderman Colosimo stated he prefers that the City Council tables this issue. In the packet there were the new revised numbers for the budget but there was no cross reference as to what the old numbers were. Even looking back at the old budget it was very difficult to cross reference what the actual differences were.He is not against changing the numbers or revising the budget.He would like to compare these new numbers to the old budget numbers.He would ask,unless this is a time sensitive issue,that this issue is tabled. City Administrator Olson stated that there is no issue with time sensitivity. Alderman Gilson agrees with Alderman Colosimo Alderman Colosimo made a motion to return this matter to Administrative Committee and set it on the Administrative Committee for their next meeting. Seconded by Alderman Gilson Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye FY 13 Budget (CC 2011-72) Mayor Golinski stated that this is an informational issue.He stated that the City Council is already starting to work on a new fiscal year 13 budget.He hopes to get the new budget out much earlier than the City Council has in the past. There is plenty of time for discussion and looking at all aspects of the budget.He asked if there were any comments or questions for next year's budget. Alderman Colosimo stated that when the City Council was talking about revenues the statement time had said that certain fees were higher than the city projected but lower than the city budgeted.This made him believe that the city budgeted at a number they knew the city wouldn't achieve. Is that correct? I The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 6 of 18 City Administrator Olson stated yes and no.The city a pp roved budget numbers in April 20 10 or 2011 depending on which budget being discussed.For the 2010/11 numbers the city projected them in March when doing the next year's budget about a year and a half ago. So a year and a half ago the city thought they were going to be at a certain point and then the city took a look at the budget back in March and decided the city was going to be at a different point. Mayor Golinski asked if there were any other questions on next year's budget or the process. I Alderman Teeling had a question on the budget this year. She asked what money was in the budget for the IML conference and City Administrator stated nothing at this point. Route 47 Expansion (CC 2011-73) Mayor Golinski stated that this is an informational topic.No official action needed just more direction. The City Council does have options in front of us.Just wanted to open the floor to see which direction the City Council is looking to go on this issue. There was discussion on the privately raised funding for the bike paths.Alderman Gilson wanted to know if there was any update on the privately raised funding that was supposed to be coming forward to City Council for our portion of the bike paths. Alderman Teeling stated that a month ago the City Council stated not to do the private funding so she decided against having a fundraiser. Since that decision she has talked about regrouping and maybe still doing a fundraiser. She said she would still like to work on private fundraising. Alderman Gilson wanted to know when the monies are due to be collected and when will the city have to have that funding in place.Mayor Golinski stated that on the date the construction is done the state fronts the money and bills the city. If they let out bids this year they won't start construction till next spring he would imagine. City Administrator Olson stated that the state just bills the city once they get billed.The total project that the city is responsible for is 3.6 million dollars. The state will send us 10 %of everything regardless if it is for trails, stoplights,etc.That is going to start next fiscal year, then ramp up for two years and then tail off that last year. City Administrator Olson stated that he expects it to be spread out over four fiscal years in different amounts.Alderman Teeling stated that the reason she had so many events scheduled and wanted to get a jump on this issue is because she wanted to have the money available by the time the council had the bid. She didn't have a lot of time.Now if the City Council goes ahead with this she has a little more time. She was trying to get the money so the City Council would know she was serious about this issue.Alderman Gilson stated so that at this point there is zero funding.He just wanted to find out what was out there. Alderman Gilson stated he wanted to read a memo and direct it at staff for he doesn't understand what has changed since this memo was presented.This Memo was dated back in April of 2011. This was new business#3 on Public Works Committee meeting.The title was Route 47—Resolution Regarding Shared-Use Path(Route 126 to Somonauk). It was a Memorandum from former City Engineer Wywrot to City Administrator Olson. Alderman Gilson reads the first page of the Memorandum(see attached). After the Memorandum was read,Alderman Gilson stated that after what he read was the Resolution. He asked if City Administrator Olson could explain this situation to him and explain what has changed. Now the city is saying if we go forward and don't do this the city will not only have to pay an additional 30 %but the project will be on hold.Alderman Gilson stated that the memo he just read stated the opposite. City Administrator Olson stated that there are two issues.The Route 47 project goes from Kennedy Road to Route 71.The City of Yorkville had never planned to put sidewalks or trails in the downtown area.The city told IDOT that it doesn't make sense for anyone to put in trails or sidewalks due to the urban cross sections in the downtown, so IDOT never planned to put them there.When the city was going through their trail issues,IDOT came to the City and wanted memorialize that decision so there was no going back on this agreement in the future.Then IDOT presented the Memorandum of understanding and that is what our city signed.In that specific section on Somonauk and Route 126 the bike trails have been built. The bike trails will go off of Route 47 and will probably go down South Main Street or State Street on the West side of Route 47. On the East side of Route 47 there will not be a bike path at all.That particular resolution was just to deal with that specific section and the fact that the city did not want the bike paths there and never had. Former City Engineer Wywrot's comment in that Memorandum was that this has nothing to do with the overall Route 47 project because there are still the two sections from 71 to 126 and from Somonauk Street North to Kennedy Road that is left to be discussed.There is a proposal for those two areas for new sidewalks and new trails. Alderman Gilson stated that he believes that this particular Resolution was tabled but City Administrator Olson stated that it was approved. Alderman Gilson stated being that it was approved, are we going to get hit from IDOT for any sort of changes for doing this. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 7 of 18 City Administrator Olson stated no. That wasn't considered for there is no logical reason why the city would put bike paths in the downtown for it would ruin the cross section of the downtown and then also it would actually cost the city money to put them in on top of construction.IDOT would have to engineer the bike paths and delay the project and then make us pay money and we would have to pay money back to the construction.There is no logical argument from a planning standpoint or from a city standpoint. Alderman Gilson wanted to know why has the issue of this opt out payment come up all of a sudden. City Administrator Olson stated that the city didn't know anything about it. Alderman Gilson asked if IDOT had any policies in places stating the city had to abide by these rules. City Administrator Olson stated correct. Alderman Gilson asked if this is something that IDOT made up to make the city do things their way. He believes that IDOT is forcing their hand upon us by making up the rules and imposing a 30%costs to that. City Administrator Olson stated that IDOT's argument was that it was fair.The city was proceeding in one direction in good faith under a previous administration.To delay it,IDOT didn't believe it was fair to the taxpayers of the entire state to pay for the change of directions. IDOT then stated they would seek reimbursement from the city for those change in plans and the worst part is that the plans are delayed for 6 to 9 months. Alderman Gilson said that IDOT can be five months behind on payments to the city and to cut essential programs but then come back to the city and hit us with a 30%change.He asked if the city really feels that IDOT is going to hold up this process. City Administrator Olson stated that in his opinion it is not conjecture and the city does not have it in writing. Alderman Gilson stated he is more comfortable getting some more information.He does not want to see IDOT hold up this project yet he feels what the state is doing is ludicrous for they are making up a rule as they go to make the city do things their way.Back in 2008 that was a great plan when times were better. Times have changed and the economy is different. IDOT shouldn't ask the city for an opinion in 2008 and then three years later if things are bad;hold the city's feet to the fire.This is why he is upset with this situation in front of us. Alderman Gilson stated he believes what Mayor Golinski is suggesting is a great idea by cutting out the items that are extra and unnecessary and if the city can make up funding to be able to include the extra items,that is great. There are other issues,too,for the city doesn't have the private portion of that funding,nor does the city have the maintenance paid for.Another issue he is looking at is that if the city goes forward with these bike paths is the city going to be expected to go forward with all the future bike paths and trails if we don't have the money for that or is the city going to have a trail that leads to nowhere and that it can't build for there is no funding. These are all uncertainties and he is uncomfortable with it in general. City Administrator Olson stated to give everyone a timeline of what the city will be going through as far as formal decisions. If we change absolutely nothing on the bike trails then currently there is no delay in the project.IDOT is still sending us a draft agreement that the city will need to review and then approve or decline. It will lay out everything that we are participating in as part of the project. He does expect that to come in front of him by the next City Council meeting and it will have to be acted upon without delay by August 1,2011.That will give the City Council two meetings to discuss this issue. Nothing new has come up with it yet.It is all items the city has known about like preemption, sidewalks, trails, sewer water, downtown esthetics and those types of things. That is the timeline for making a formal commitment. Alderman Gilson asked if the city can get that in writing. If IDOT is going to force that hand upon the city is there anyone that is going to put fire on IDOT in writing stating that IDOT is going to hold up this project and have Yorkville pay 30%if the city changes these plans. If IDOT is going to feel comfortable holding up a state project for having Yorkville pay back those funds,Alderman Gilson would rather see that in writing. City Administrator Olson said the question prior was does the city have anything in writing saying if you do this IDOT will hold up the project. The city doesn't have a legal letter form in writing but in the packet there is a letter with a gentleman's name from IDOT that states that$30,000 dollars equals 5% of the engineering costs for the trails and that is what that$30,000 dollars is based upon.It does give the 6 to 9 month time limit.The city does have that in writing. It was probably invented by IDOT and their staff members as far as time and money, That was one of City Administrator Olson's questions in the meeting do you have a state statute or an internal policy that states this and IDOT's answer was no but it sounds i The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 8 of 18 fair.That i they s what h y would run through their staff and legislatures and make the decision about Yorkville's future endeavors. Alderman Colosimo stated the problem the City Council has before us is that this project,this widening of Route 47 is the key the City Council needs to focus on.This has now become his first priority.The widening of 47 has to get done.He believes the solution to this problem is simple and clear.The voters want the city to take action and city needs to do that. If removing this two mile portion of the bike trails is going to threaten the widening of Route 47 the City Council has to look at their priorities.He believes the city can get this done without violating the trust of the residents through their vote on the referendum by Mayor Golinski's suggestions by cutting the costs.The referendum did not ask the question, do the citizens want bike trails.The referendum asked if the citizens want to issue 1 million dollars of bonds to build bike trails.Those are two completely different questions to him.He believes that the city can include the bike trails of Route 47.The city is not issuing 1 million dollars,not even one penny of bonds to include these bike trails. Therefore we are honoring the requests of the voters through those two referendums. The city is going to cut$150,000 to $200,000 dollars out of the projects of other things that do not involve a great deal of engineering. The city will put that money into Route 47, get it widened,put in the trails and be done with it.That is what he is going to support.His recommendation would be to remove the fencing at a cost of$172,000 dollars and the handrails at a cost of$45,500 which brings the total savings to$212,500 dollars. That is significantly more than$116,000 dollars.Just to be safe he is also recommending that the city removes the stamping from the crosswalks which will save up to an additional$59,000 dollars. The total savings adds up to be$270,000 dollars from the project,which would include the$116,000 dollars for the bike trails without going against the residents vote on the referendum. The city has to take action. Alderman Colosimo stated that he does think the state of Illinois is petty enough to pull the funding of this project and not widen our road?He believes the widening of Route 47 is the city's number one priority. That is where he stands.He hopes the residents of Ward I call him if they agree or disagree with him.He stated the reality is it took the city from 1996 to 2011 to widen this project. He doesn't appreciate what the State of Illinois is doing but by following this course of action initiated by Mayor Golinski the City Council is able to get the bike trails and get the roads and make both sides happy. The City Council will make the pro bike trail supporters happy for they will get bike trails and the anti bond issuance individuals happy for the city council is sticking to the referendum. That's what we have to do. Alderaman Kot agrees that the widening of Route 47 is the overriding issue. Like it or not the State controls the hand. He likes the idea of fording other areas to cut comers.The city can always update these items at a later date when the economy is better.The City Council has an opportunity now to keep this project moving and it is something he feels the City Council needs to do.As far as private funds not sure if that is an option.He believes a good idea would be to go after some corporate funding. He knows that there are companies out there that would probably donate some money towards this project maybe in return for their company's recognition.He would like to see this project moving with Mayor Golinski's plan and see if the city can work this out. Alderman Gilson asked Alderman Colosimo and Alderman Kot wouldn't they feel more comfortable having IDOT put in writing that they will hold up the project if Yorkville won't pay back this funding.He doesn't see that procedure of IDOT putting this in writing as being a big process.Alderman Gilson stated he has residents dead set against this and some that are for this. Alderman Colosimo responded by saying he would absolutely feel more comfortable putting that in writing,but the State of Illinois will not put it in writing. The State of Illinois is going to pull this project if the City does not put in these bike trails.Alderman Colosimo believes it is a time sensitive issue. This City Council,this Mayor,and this administration are in at the tail end of this project and have not been involved since 1996.The state of Illinois is absolutely broke. Due to the hard work of our State Representative and State Senators that represent this area they actually got that money allocated for Route 47. The moment the city snubs its nose at it then the next fiscal year he can guarantee that money will not be allocated to Route 47 for this area.It will go somewhere else. We need to have Route 47 widened. The game is over.The City Council has to act now for the State of Illinois does control the purse strings. Alderman Gilson asked is the game really over and at the point does the city have to make a decision now or does the City Council have time to go to IDOT and ask for them to put that in writing. Administrator Olson stated the agreement is on our desks and will be in front of the City Council the next two City Council meeting and has to be approved by the end of the month. Mayor Golinski stated that there is a memo from IDOT stating the $30,000 dollars and the 6 to 9 month delay. It is basically in writing. The memo is not in the packet but he knows he has read the memo. City Administrator Olson stated that the memo it is part of an outline that IDOT gave the city for a meeting. IDOT has put it in writing it just isn't official but Mayor Golinski stated that the memo was pretty clear of IDOT's intent. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 9 of 18 Alderman Colosimo stated the reason the city is not going to be able to obtain a memo from IDOT is because it is not their decision.IDOT is under the control of the State Legislature.When the budget comes up next year it is up to the members of the House and the Senate to decide where those funds are going to be allocated.If the city asks.IDOT if they are going to have the funds for us next year they are going to say call the city's State Representative and State Senator.At the end of the day it will be back in the hands of the Legislature and based on the control of that legislature and the demographic of Kendall County,his guess is the funds are going somewhere else.He doesn't want to take that risk. City Administrator Olson stated clearly IDOT is not worried about this getting out in the press.They are not bluffmg about this point. IDOT told us in a staff meeting knowing Administrator Olson was going to distribute their memo and talk about it.Asking for it is something I can do.Not sure if they will say yes or no.Not sure what good it will do other than to give our city a smoking gun. City Administrator Olson stated that in his opinion it will probably not make the members of their staff too happy. Mayor Golinski stated that the city already has proof that the State of Illinois will take the funds away. They took the money away in 1996 that was allocated in for Route 47 and put it in other places. Alderman Munns stated he believes the City Council all agrees that Route 47 needs to be widened. If the city says no to this project then the city may lose their chance all together. Alderman Munns likes the idea of taking out all of the frills to save money. The city will still get trails up Route 47 and doesn't cost any money as far as the referendum. Alderman Spears asked if taking out the frills will pay for the City's portion of the entire project, each section, or just what is in front of the city now. Also,would like to know if the city will pay a percent with each change. IDOT will be charging the city for that also. City Administrator Olson stated there is a 5 item checklist in the Memo that Laura Schraw provided that gives an idea of what the city will be charged. Some extras are able to be pulled out easier than the bike trails. Alderman Spears asked City Administrator Olson to confirm that the city will have additional costs for any changes. City Administrator Olson stated costs of the changes and delay to the project will vary to the extent of the involvement of state sub engineering consultants.Because these sub engineering consultant services have been waxed out on hour it will take approval from the legislature to authorize additional work which could create a delay of 3 to 4 months.He also suggested the city might be able to have the State sub contract the changes through the city since the city will be the one paying for the changes anyway.This may allow for some of the changes to be done cheaper and quicker. Alderman Spears wished she had a clearer idea of the actual costs for the changes. City Administrator Olson speculated that the time needed to make minimal changes is estimated to be ten to sixteen hours, and the engineering change costs could range from$150.00 to$200.00 dollars per hour. Alderman Gilson asked if an estimate change cost of$2000.00 dollars referred to all changes or to each individual change. City Administrator Olson stated an estimated$2,000.00 dollar cost would be just for the fence. Alder Gilson asked for a comparison between the cities' cost for the overall project to the total costs of the changes to the project. City Administrator Olson stated it would depend on the individual item.Many changes will be comparable to the cost associated with the fence. Coloring and stamping is not an issue and can be removed. The major cost would be removal of the bike trails. Alderman Gilson stated the city should have exact costs of all the proposed changes so the city can know exactly how much of the city's portion of the project can be recovered. I Interim Director of Parks and Recreation Laura Schraw stated once the city determines what changes we want to take out,then IDOT can give us a better estimate of those costs. Alderman Munns stated if the city puts the fence in without the foxes why would there be any change. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 10 of 18 Interim Director of Parks and Recreation Laura Schraw stated it is still as expensive due to the type of fence. IDOT"s standard rail is galvanized steel. That would be the change shown from the upgraded fence to the standard fence. . City Administrator Olson stated to remove anything from the project it is going to be a percentage of the cost of that item. Alderman Teeling's concern was from a memo which stated the time delays are measurable to several months. That is a wide range of time and if it is several months is it going to delay the project to much. City Administrator Olson stated yes. Some of them will and some of them won't. Supposed to bid in November and start construction some time in 2012. Alderman Teeling stated if the city misses the time period when IDOT bids in November then the project will be delayed. City Administrator Olson stated everything has to be finalized by the end of September. Alderman Teeling stated what if the city gave IDOT clear direction of what changes were to be made and then IDOT stated this won't be done in time to go to bid. City Administrator Olson stated that is a risk that is unknown at this point. Alderman Milschewski didn't understand why this is costing the city so much money specifically in regards to the fences.There is nothing purchased. City Administrator Olson stated it has to do with the anchor points for the individual fence posts. Alderman Milschewski stated it goes back to the point if the city doesn't put trails in the reengineering is $30,000 dollars.Why does the city have to engineer it?The items aren't purchased. It just seems ridiculous. City Administrator Olson stated the issue is with the approval process to get additional engineering contracts involved to change the plans. The city is not just working with one engineer. Alderman Milschewski stated the fence seems so much simpler than the bike path. City Administrator Olson stated that is why he hoped if the city paid for a sub consultant then the city may be able to perform the work so it would not delay the project. Alderman Milschewski stated that it would probably only take a few clicks of the computer for IDOT to make these changes. City Administrator Olson stated knowing the State's bureaucracy,trust the State with what they say. i Alderman Colosimo believes time is of the essence.Instruct staff to go back to IDOT and state that the city is willing to keep the bike trails however the city would like estimates in our liability, costs and delay if the city removes the handrails, fence and possibly remove the stamping.That is well above the $116,000 dollar cap the city was hoping to recuperate through the appropriation of the bonds.Then the city will have a clear answer and feel more comfortable. Mayor Golinski and Alderman Gilson concur. Alderman Colosimo stated that would include City Administrator Olson's idea on using a sub consultant for it does cost the city$2500 dollars.Residents would not be happy if the widening of 47 did not happen just because the city did not pay a sub consultant$2500 dollars.He believes with these options everyone will be happy. Alderman Teeling stated the she already had some corporations pledge money but she did not take any of the money.Just wanted Mayor Golinski to know that was part of her goal. Mayor Golinski stated to City Administrator Olson that he has clear direction. Ordinance 2011-26 Imposing a Non-Home Rule Municipal Retailers' Occupation Tax and Non-Home Rule Municipal Service Occupation Tax (CC 2011-74) The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 11 of 18 Mayor Golinski entertained a motion to approve an ordinance Imposing a Non-Home Rule Municipal Retailers' Occupation Tax and Non-Home Rule Municipal Service Occupation Tax in the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Munns Alderman Gilson asked if we have gotten anywhere with the question to whether or not the sales tax will present opportunity for some property tax relief and if so when will the city decide if that will happen. City Administrator Olson stated it has been discussed at the Administration Committee last month in June and will be discussed again this month in July. Alderman Gilson asked if there were any estimates at this point now. City Administrator Olson stated it depends on if the City Council chooses to refinance and to what level. It could be anywhere from 5%to 90%depending on the instruction given. Alderman Colosimo stated there is more to come on that.That was definitely our number one goal was tax relief on the next tax bill to the residents. The residents will see something no matter how much. As far as the sales tax,Alderman Colosimo wanted to clarify to everyone out there,that this is the 1% sales tax that the citizens voted to increase. That is the only reason he is voting for it.He doesn't like to increase taxes, so he wanted to make this crystal clear. Alderman Kot stated that this takes effect January 1".He noticed there was not a Sunset Clause in the contract.He is alright with that but wanted to make sure that this is something we can revisit from time to time to make sure it is necessary. Mayor Golinski stated absolutely.Mayor Golinski stated that the reason for not having a Sun Set clause was in order to refinance the city needs to show a dedicated income stream. If there was a Sun Set Clause on it the city would not have the ability to refinance some of these sewer bonds. i Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye i Mayor Golinski stated that with that the City Council would move on to the Public Works Committee Report and he would hand it over to the Public Works Committee Chairman. PUBLIC WORKS COMMITTEE REPORT Ordinance 2011-27 Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method(802 S.Bridge St.) (PW 2011-12) Alderman Gilson stated that this Ordinance would allow the Illinois EPA to issue a No Further Remediation Letter to property owner.He asked if the City Council wants to just discuss or present a motion and then discuss.Mayor Golinski said we should present a motion and then discuss for Mr. Richmond asked for a vote up or down tonight. Alderman Gilson made a motion to approve the 802 S.Bridge St. Groundwater Ordinance.The Ordinance would allow the Illinois EPA to issue a No Further Remediation Letter to the property owner. Seconded by Alderman Kot Alderman Gilson wanted to state his position again related to this Groundwater Ordinance.His rub, once again,is the No Further Remediation Letter.The broken L.U.S.T. system lacks responsibility on the State's behalf There are insufficient funds available for remediation,including the payments of the contractors who remediated.He believes that by voting yes to this that he is saying the system is broken and he is not ok with that.He also believes that the City Council should err on the side of caution and wait till IDOT comes through.He is sorry to hear about the financial issues of the property owner but he doesn't think that the City Council can take that responsibility on and push this thing through at the liability of the United City of Yorkville taxpayers.He believes the City Council should vote no to this Ordinance. Alderman Kot stated that in the memo dated April 20 from our City Engineer it states that by approving this Ordinance the city is still eligible for the L.U.S.T. funding at a later date,however he does not see this anywhere in the Ordinance. Is that something that should be in the Ordinance or is it not necessary? Attorney Field Orr stated that it is not necessary. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 12 of 18 Alderman Kot stated that he is going to vote for this for he believes the city's risk is very minimal. The city is in a situation where it can help a local business man and in this economy Alderman Kot believes that is very important.If the road construction wasn't on the horizon he may feel differently but as it stands he is going to support this. Alderman Funkhouser said really getting into some of the technical aspect and having questions answered that were bothering him about the liability issues,he really believes the city can work around this liability issue.Being an instructionalist to our economic development,holding the principals of what is right and wrong in terms of exposing ourselves.This is not a simple issue and the city is facing several issues. Should the city just support our development and current businesses or do we just try to protect our exposure on a piece of property that is contaminated. Saying yes or no is rather tricky. He is leaning on saying yes to this ordinance. The liability is minimal and our City's Staff recommended that this Ordinance be approved and he holds their opinion in great regard.Now after having some solid answers he will probably be voting in favor of this issue. Alderman Spears stated that she is not going to vote in favor of this for IDOT is going to be a key player when they widen the road. She stated that she has no faith in IDOT.Unfortunately for the business, she does feel the city would have a liability risk and then to throw IDOT into the mix, she cannot support this Ordinance. Alderman Teeling asked Dave Richmond that based on the information that you gave us on the industrial level of contamination, is that what you were saying that the dirt would just be thrown back into the hole. Dave Richmond stated that is correct and that is from the Illinois EPA.The engineer that former City Engineer Wywrot was back and forth with said yes for it is industrial level and is at that level of contamination so the dirt can be put right back into the hole. Alderman Gilson stated that he is familiar with this process and just because the dirt can be thrown into the hole doesn't mean it is not contaminated and it has spread throughout the property and into the right of way and whether it is industrial or a greater level of contamination, it is still contamination and there is still liability.Just to clear that up. Alderman Colosimo would like to hear what Jeff Freeman from EEI has to say. Jeff Freeman from EEI stated he pulled out the Route 47 improvement plans to get a better appreciation of where the existing utilities are for the city.Essentially the property at the South east comer of Route 47 and Orange Street has in the Southern area of the right of way an existing storm sewer. That existing storm sewer is planning on being removed by IDOT.If IDOT encounters any issue with the soil they will have to dispose of it appropriately.Within the Southern right of way a little farther to the East is a sanitary sewer.That sanitary sewer is located right around the edge of the pavement. On the North right of way is a water main which is close to that pavement, as well. If there were issues with either the sanitary sewer or the water main then Public Works Director Dhuse would have to get someone out to fix them by excavating. It is very likely that they will be using the roadway.When excavating in a roadway it is very unlikely that they will backfill with material that they excavate out.They would need to provide granular backfill and pack it appropriately and provide the appropriate base for the road. Once they have that material out and they need to dispose of it,if it is found that there might be an issue with it through a protector that is used to tell if there is organic compound in that soil. If there is they have to do a waste characterization through sampling.That cost can be in the range of 5 or 10 thousand dollars to characterize it.Then if it is found it needs to go to a special waste landfill it will have to be disposed in that special waste landfill. In another area of town if it was considered regular construction debris it might be 5 to 10 thousand dollars less to dispose of the soil.From the full perspective the city may never have to go into that right of way for a very long time,but at some point in the future it is likely the city will have to get in there to fix or ultimately replace one of those utilities. If the city needs to do that,based on the information that EEI has seen, it is likely the city may encounter some contaminated soils that they will have to deal with. Alderman Teeling asked if those are the ones getting turned off. Public Works Director Muse stated not the water main. The storm sewer is the only one being affected. Jeff Freeman from EEI went on to state the water main is part of the Route 47 implant.They are putting an encasing underneath the road.Right now the water main is underneath the road.With the new construction they are putting an encasing in out at the Route 47 pavement and then there is an area to the East of Route 47 in the Northern portion of Orange Street,that new water main will be going in 5 to 10 feet North of the existing water main and then come South and connect to the existing water main that is on the North side of Orange Street.They are abandoning a portion of the sanitary sewer.There is a manhole out in the middle of Route 47 that heads to the East to another manhole that is north of their property line.They are abandoning that section from the center of Route 47 over to that manhole as part of the project.The storm sewer south of that,based on the 920 pages of plans,they are planning to move the storm sewer that is there so it will need to be excavated out. IDOT is doing the storm sewer.As part of the contract they are doing the water main and sanitary sewer, as well. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 13 of 18 Those types of improvements in some locations the improvements are at the city's expense and need an application for water main under IDOT's expense. If it is under the city's expense there is an additional cost to deal with utilities and other portions throughout the project. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-nay, Colosimo-nay,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye,Munns-aye Safe Routes to School—Sidewalk Easements (PW 2011-42) Mayor Golinski entertained a motion to approve grants of permanent sidewalk easements agreements for the properties located at 602, 606, 608, and 702 Heustis street and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Milschewski Alderman Milschewski stated that she is really glad these sidewalks are being put in. The sidewalks are really bad in that area.The sidewalks do go straight to the schools. She is happy that next year the community will have nice new sidewalks to walk on. Alderman Teeling stated that in Public Works there was a question about the width. Alderman Milschewski stated the width of these sidewalks is going to be wider than the standard sidewalk.It has to be that way because of the grant. Alderman Teeling stated the sidewalks have to be ADA(American Disability Act)accessible. Alderman Milschewski stated that doesn't match the character of the neighborhood as it is an older section of town. From Van Emmon to Fox are sidewalks are four years old. If that is the standard width, then that is the way it has to be,fine. Alderman Teeling stated that she just thought she would let Alderman Milschewski know. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spears-aye Downtown Parking Lot Status Update and Alternative Analysis (PW 2011-25) Mayor Golinski stated that this is an informational item.He is looking to get some direction on this issue. The city had the parking lot and funding that was going to by the old jail. Some downtown business owners contacted the city and they didn't think the parking lot at the old jail benefited them much.The business owners wanted the city to explore alternatives.It did go to committee and it was forwarded to get the Alderman's input on this issue. Alderman Gilson stated at this point the city is choosing to wait.He would like to solicit those businesses the city heard from and ask how they feel if the city waits for additional parking.Back to the first proposal of the old jail parking lot,he believes it is not going to be of any practical relief for usage for the businesses.He does not see that as a viable alternative. Mayor Golinski stated he spoke to a business owner this evening. The business owner was still not crazy about the old jail parking but did want parking this year if at all possible.The business owners comment was you take away the parking you many as well shut my doors. Alderman Gilson what the alternative is at this point. City Administrator Olson stated for this year there is really no other alternative.The city can try to acquire a different parcel but not sure if we can acquire it, engineer it,and construct it this year. If the decision is made that the city has to have parking this year then it will have to be the old jail but if not this year then the city has a lot of options. Alderman Colosimo stated the concern he has about the old jail parking lot is the grade and how steep it is.He has no problem with the location. The city wants citizens to come downtown to eat and shop,but he is very concerned that the senior citizens would be not be able use the lot due to the steep grade.He wanted to know if leasing the Old Second parking lot would be an option. City Administrator Olson said that he does not believe that a leasing option was permitted and any improvements done to the property would be at the city's expense. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 14 of 18 Alderman Colosimo stated rather than rush into an undesirable location it would be better to wait to locate a site that a greater percentage of our citizens can utilize. Alderman Teeling stated she believes IDOT provided these funds specifically for this project and worries that IDOT will ask for the funds to be returned if the proposed site is not used. City Administrator Olson stated the city would not move forward on any project without IDOT approval and that the funds would be available through the 2015 construction season. Alderman Teeling stated again she believes the funds given to the city to acquire the old jail were based on the city's plan to develop it for downtown parking and again worries that IDOT would ask to have the funds returned. City Administrator Olson said if the city presented a plan to IDOT that the city could engineer and construct an alternative site below that $400,000 dollars in funding at a savings to the city it would still come under IDOT scrutiny and they may ask for repayment of the funds for the jail at which time the city would only have to go forward with the proposed old jail parking. Alderman Funkhouser wanted to know what the timeline availability for the funding is. City Administrator Olson stated the agreement says it is available till 2015. Mayor Golinski stated direction is let's(meaning the city)get this right. City Administrator Olson stated the city will continue to study Public Works alternatives whether it is the construction of the lot or other arrangements. The city will let the engineering consultants know that the city will be including engineering. Mayor Golinski asked what is the very earliest the businesses will lose parking. City Administrator Olson stated the city won't know until December. Mayor Golinski asked if City Administrator Olson had any idea where the construction will start. City Administrator Olson stated downtown is phase one. ECONOMIC DEVELOPMENT COMMITTEE REPORT Dormant Zoning Applications/Petitions—Zoning Code Text Amendment (EDC 2011-21) Alderman Munns would like to make a motion authorizing a text amendment to the zoning code regarding dormant zoning applications and or petitions. So moved by Alderman Spears; seconded by Alderman Gilson Community Director Barksdale-Nobel stated she would give some background. She stated the staff had gone through some performance applications for development and there were about 30.The city had fees for about$110,000 dollars for engineering deposits. Since these accounts had been dormant for two to five years, it was prudent for the city to release these funds and clean up the books. There needs to be an ordinance or policy in place for the staff to clean up the books once an application goes stale and there is no more communication with the developer.The city does not want to hold the developers deposit money. So if a policy was set up then it would allow staff to handle the issue once a period of time elapses. She is asking for this to go to Plan Commission for a public hearing and then come back to the City Council for formal approval. Attorney Orr asked if this would be a part of the zoning code. Community Director Barksdale-Nobel stated yes it would. Attorney Orr asked is the ordinance demanding the deposits as part of the zoning code. Community Director Barksdale-Nobel stated yes. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye,Kot-a e Munns-a e Spears-aye, Y � Y � � Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye i PUBLIC SAFETY COMMITTEE REPORT No report. I The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 15 of 18 ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Disposal of Equipment (CC 2011-75) Mayor Golinski made a motion to approve the sale of a 1995 Jacobsen BR5111 non operational mower and the sale of a 1999 Jacobsen T528D non operational mower to Reinders Inc for total sale price of $900.00 dollars. So moved by Alderman Kot; seconded by Alderman Colosimo Interim Director of Parks and Recreation Schraw stated these are just two mowers sitting around at public works the city has the opportunity to sell them. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye Resolution 2011-015 Authorization to Apply for OSLAD Grant for Bicentennial Riverfront Park (CC 2011-63) Mayor Golinski entertained a motion to approve a DOC-3 resolution of authorization to apply for an OSLAD grant for River Front Park and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski I Alderman Gilson stated according to the memo even with the forced labor and design piece the city is looking at an additional contribution of$285,000 dollars. City Administrator Olson stated that is incorrect. Alderman Gilson had a question on the memo stating grant applications are due by July 1, 2011. Is that a misstatement? Interim Director of Parks and Recreation Laura Schraw stated the State funds have been allocated for a specific amount.Typically the city knows what is out there so it gives us a better chance of getting the funds. The State hasn't set a certain amount yet. i Alderman Gilson asked when the applications are due. Interim Director of Parks and Recreation Laura Schraw stated July 1, 2011.The city has talked to the State and there is no money allotted right now. The State is accepting applications. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye, PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. I CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT I Fire Sprinkler Demonstration Alderman Spears reported that on Thursday June 30,2011 from 5:00 until 6:30pm in the City Hall there will be a comparison demonstration of homes equipped with fire sprinklers and homes that are not equipped with fire sprinklers.A trailer is set up with two identical furnished rooms. One room has 5 sprinklers and the other does not have any. They have a candle and curtains set on fire.It does show the importance of having fire sprinklers in a home. Children are welcome to come and she feels they would enjoy it. Our fire department will be there with fire extinguishers. Alderman Spears stated that she hopes The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 16 of 18 our City Council members will be able to attend. She has invited the trustees and village president from Oswego and the trustees and council members from Plano. If everybody gets on board and witnesses this demonstration it would be beneficial to our city right now for updating our codes. Community Development Director Barksdale-Noble stated that this comparison demonstration is part of Yorkville's staff's building code update open policy. It is not just the fire demonstration it is all the codes that the city is attempting to adopt for 2009 international codes.Citizens can come out and inspect the codes.There will be a round table discussion.Also, officials from all capacities will be there from fire, building safety,to engineering, and mechanical, so feel free to come out and ask questions. STAFF REPORT Harley Davidson 2011 Police Electric Ride Motorcycle Chief of Police Hart stated that the city obtained a brand new Harley Davidson 2011 Police Electric Ride Motorcycle up front. This has been a long time in the works.Four or five years ago a few of our officers wanted to start motorcycle unit and it never really gained any traction.The last year the city has been trying to come up with a lot of alternatives to resolve the vehicle crises.During a meeting with command staff we put some serious brain storming. The staff determined that the city is entitled to use funds from the Drug Asset Forfeiture Fund to purchase police vehicles.The city can lease these motorcycles and can pay for the training and all the equipment and it won't cost the tax payers a penny. The only cost to the city is the gasoline in the motorcycles and the salaries of the officers riding them. The department decided to opt for a one year lease with second year option. The department's goal is to have the motorcycles readied for the July 4, 2011 parade. Chief of Police Hart recognized Deputy Chief Hilt for the time and effort in researching this endeavor. Chief of Police Hart believes the motorcycles will help in building bonds between the citizens especially the younger people as they engage in conversation as well as enhance community events. The motorcycles will be used for general patrol.The patrolmen would have the option to use the motorcycle solely or split a shift between it and another vehicle.The motorcycles will be used for six or seven months out of the year. Mayor Golinski congratulated Chief of Police Hart and his staff for a job well done. ADDITIONAL BUSINESS July 4,2011 Parade Mayor Gohnski stated the city will once again have a float in the parade and all elected city officials and staff and their families are welcome to walk along with the float.Line up for the parade begins at the high school between 7:00-7:30. Public Works Issue Alderman Gilson relayed Alderman a concern from residents Mr.and Mrs.Peterson who noted that there is a drainage issue in their neighborhood. This needs to be looked at again and water is flowing under and around the pipe instead of through it. Public Works Director Dhuse stated he would have a crew out for repair. Signage Issue Alderman Milschewski stated she received a complaint on Heustis and VanEmmon by the mill for a sign posted for firewood.There is a request to have the sign removed due to visibility issues City Administrator Olson stated the city can check the intersection to make sure it complies with the visibility intersection requirements. (Moved out of Garbage Collection to under Signage Issue) Garbage Collection Alderman Gilson stated he received many calls and emails concerning the city's current garbage collection and the importance to maintain the container system as opposed to a sticker program. Alderman Colosimo added the feedback he has received echoes Alderman Gilson's sentiment and if a change was made it would only be due to significant cost savings. Alderman Spears added she received as much correspondence for the garbage as she did for the landfills. She wanted to know why this was discussed in administration and then discussed again in committee. This being a contract issue she believes it should have only been discussed in administration. City Administrator Olson stated it was discussed in Public Works under franchise business and a discussion could be justified in either Administration or Public Works committee meetings. Alderman Spears stated it is important to recognize one committee to handle this issue because citizens will want to attend any meeting concerning the garbage issue. Mayor Golinski asked if the Public Works will be considering this matter in the future. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 17 of 18 City Administrator Olson stated the Public Works Committee is looking into various options concerning garbage collection and will discuss this issue in a meeting on July 19,2011. Alderman Spears asked why this was moved from Administration Committee to Public Works Committee. City Administrator Olson stated Public Works is involved due to the city code issue. Alderman Gilson stated he wanted it on Administration Committee as well. Alderman Teeling stated she received a call from the Green Committee and they would like to come talk to the City Council about the programs they have to offer. City Administrator Olson asked if the City Council wanted the questions removed from the garbage contract from the Public Works agenda and put it on Administration Committee or does the City Council want it go to both committees. Alderman Spears stated it needs to stay with the Administration Committee and request that the different committee liaisons present periodic reports and or updates to their progress and or needs to the City Council. Alderman Milschewski asked if anything is happening with the old jail. City Administrator Olson stated yes.There is a small group working on the jail.There is $6,000 dollars left over from the haunted house. The volunteers have spent approximately$200 dollars for paint and the repair of windows. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of discussion: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. The purchase,sale, or lease of real property for use of the public body. 3. Pending litigation. So moved by Alderman Spears; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye,Munns-aye Mayor Golinski stated the City Council may come out and take action or may table these issues. The City Council adjourned at 9:22pm. The City Council entered Executive Session at 9:34 p.m. The City Council returned to regular session at 10:11 p.m. Chief of Police Employment Contract (CC 2011-68) Mayor Golinski entertained a motion to approve the Chief of Police's Employment Contract. So moved by Alderman Gilson;seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Spears-aye, Colosimo-aye City Administrator Employment Contract (CC 2011-67) Mayor Golinski entertained a motion to approve the City Administrator's Employment Contract. So moved by Alderman Spears;seconded by Alderman Funkhouser Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Spears-aye. The Minutes of the Regular Meeting of the City Council—June 28,2011—Page 18 of 18 ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Funkhouser. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 10:12p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville,Illinois I i I �I i �I REGULAR C TV COUNCIL MEETING P ASE PRINT NAME: SUBDIVISION OR BUSINESS: I SIGNIN -- i REGULAR CITY COUNCIL MEETING (4 f u ilv-n e lo (9l PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: od taus S I i 1 1 SIGNIN REGULAR CITY COUNCIL MEETING Public Comment 1 CQ LEASE PRINT NAME: SUBDIVISION OR BUSINESS: v v r , SIGNM 2`��o cry Memorandum EST. , �} 1836 To: Bart Olson, City Administr or OFrom: Joe Wywrot, City Engineer 9 5- p CC: Kathy Orr, City Attorney `E� = Lisa Pickering, Deputy City Clerk Date: April 14, 2011 Subject: Route 47—Resolution Regarding Shared-Use Path (Rt.126 - Somonauk) Attached find a proposed resolution regarding a shared-use path along Route 47 between Route 126 and Somonauk Street. The resolution states that the city does not want IDOT to construct a shared-use path along this section of highway to avoid adversely affecting adjacent properties and buildings. Instead, sidewalk would be constructed on both sides of the highway in this section. IDOT has requested that the city adopt this resolution so they can document that they have properly followed their Complete Streets requirements. The Complete Streets policy requires IDOT to design their projects to accommodate all users,to include not only motor vehicles but also bicyclists and pedestrians. The policy also increased IDOT's standard funding percentage to 80%for shared-use paths from 50%,with the city paying the balance. i� If we do not pass the resolution, IDOT will need to put the Route 47 project on hold while they evaluate the cost of acquiring additional right-of-way and constructing a shared-use path between Route 126 and Somonauk Street. In the downtown area, it is likely that all buildings on one side of the highway would need to be removed. Additional public hearings would be required for the new design which would result in a time delay, and the city would still be responsible for 20%of the additional right-of-way acquisition. If we go through that process and then decline to fund our 20% share, IDOT would probably declare the additional right-of-way acquisition as cost prohibitive and go back to the design we currently have. Therefore, I recommend that we avoid that entire process and time delay and adopt the resolution as requested. Please note that this resolution does not obligate the city to fund any part of the IDOT Route 47 project. It only states that the city does not want a shared-use path constructed between Route 126 and Somonauk Street and therefore will not contribute to funding of that path. City funding obligations for various improvements such as utilities, lighting, shared-use path, sidewalk, etc. will be covered by a separate city-state agreement that IDOT will send to us for approval later this year. Please place this item on the April 19,2011 Public Works Committee agenda for consideration.