Loading...
City Council Minutes 2011 10-11-11 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,OCTOBER 11,2011 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 11 Milschewski Present Kot Present Ward III Munns Present(On phone 7:00-7:15) Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren,City Treasurer Powell, City Attorney Binninger,City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Freeman,Community Development Director Barksdale-Noble,and Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that Item# 1 (CC 2011-110)Ken Com Agreement 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. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Comprehensive Annual Financial Report for Fiscal Year End 2011 Mike Senko and Senior Audit Accountant Ryan Doerffler from Wolf&Company, LLP discussed the Independent Auditors Report page. The City received a clean letter and opinion,which is the highest level of opinions that can be given. The City has stayed consistent with some slight improvement. Finance Director Fredrickson had a few comments based on some of the material that was in the audit. Page 2 is Management's Discussion and Analysis perspective and gives the expansive narrative and overview analysis of financial activities for the city of fiscal year 2011. Page 17 is the general fund balance sheet. Page 19 is the rate overview of revenues,expenditures, and the transfers of the general and library fund. Page 21 shows a summary of the General Fund. Page 25 is the balance sheet of the proprietary fund which is the water sewer and recreation center fund. Page 44 is the city's long-term debts. Page 49 lists our agreements with developers for the sewer,water fund,as well as the general fund. Page 63 is the beginning of the schedules of revenues,expenditures and changes in fund balance. Page 102 describes the City's debt service and lists the debt service schedules for outstanding debt. Page 133 is the statistical section,which is new.There are five different types of stats the city does. The first focuses on financial trends,the second focuses on revenue capacity,the third is debt capacity,then there is demographic and economic information as well as operation information. Looking through various statistical sections shows information about the assessed value of property and its direct tax rates and information on debt capacity.The City is going for the distinguished Capital Award which shows that the city is a professional organization and is where it needs to be in terms of financial recording standards. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Bills for Payment-$389,014.26(CC 2011-113) 2. BKFD Intergovernmental Agreement Amendment(EDC 2011-39) The Minutes of the Regular Meeting of the City Council—October 11, 2011 —Page 2 of 6 a. Ordinance 2011-53 Approving an Amendment to the Intergovernmental Agreement Between The United City of Yorkville and the Bristol-Kendall Fire Protection District— authorize Mayor and City Clerk to execute b. Ordinance 2011-54 Amending the Fire Code Providing for Operational Permits and False Alarm Fees—authorize Mayor and City Clerk to execute 3. Request to Dispose of Vehicles—authorize Police Department to dispose of 13 inoperable department and seized vehicles(PS 2011-30) 4. Resolution 2011-24 Authorizing a Fireworks Display—authorize Mayor and City Clerk to execute (PS 2011-31) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye, Funkhouser-aye, Gilson-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—September 13,2011 (CC 2011-114) 2. Minutes of the City Council—September 27,2011 (CC 2011-115) 3. Minutes of the Special City Council—September 27,2011 (CC 2011-116) Mayor Golinski entertained a motion to approve the minutes of the regular City Council for September 13,2011 and September 27, 2011 and the special City Council for September 27,2011 as presented. So moved by Alderman Spears; seconded by Alderman Funkhouser. The following corrections are for September 13,2011: Alderman Spears stated Mike Rennels was misspelled. Alderman Gilson stated on Page 3, 2nd sentence from bottom the word should be annex.He wanted the clerk to report his statements exactly on page 7,additional business. Alderman Milschewski page 1,presentations,40'sentence from the bottom should be streaming. Page 2 under Intergovernmental Agreement, 3`d paragraph,Alderman Gilson posed several questions but no answers were given.Page 4, 1 St paragraph, 10`h from the bottom should state contiguous. Page 4,last paragraph,weak is spelled incorrectly.Page 3,2nd paragraph there was confusion with that motion for the Intergovernmental Agreement was supposed to be withdrawn.The clerk will review the tape. Alderman Gilson noted the following corrections to the September 27,2011 minutes on page 3 under Additional Business—Reconsideration of Annexation of Certain Properties(EDC 2011-36): In paragraph 3,the sentence that reads"Alderman Gilson said that at the last meeting he had asked if the city could just start by talking to the property owners"should be revised to read"Alderman Gilson said that at the last meeting he had asked if it was the city's intent to force annex these properties and he said that he has still not received a straight answer. Alderman Gilson had also asked if the city could just start by talking to the property owners without moving forward with a formal process that could lead to forced annexation.". In paragraph 3, he also asked that the following be added: "Alderman Gilson asked City Administrator Olson how he figured that this process is less expensive than picking up the phone and asking if the property owners are interested in annexing individually. Administrator Olson stated that he figured in staff time and costs". City Attorney Binninger stated since changes to the September 13,2011 were substantial,the minutes need to be placed on the next City Council agenda. City Attorney Binninger stated if the Alderman who made the motion would agree to amend the motion to delete the September 13,2011 minutes,then a vote on September 27, 2011 regular and special meetings could be voted on.Alderman Spears and Alderman Funkhouser agreed to amend the motion so the vote is now for the approval of the September 27,2011 city council meeting and special meeting as amended. Amendment approved unanimously by a viva voce vote. REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2011-55 Prohibiting the Sale,Possession,or Use of Synthetic Cannabis and other Synthetic Alternative Drugs The Minutes of the Regular Nfeeting of the City Council—October 11,2011 —Page 3 of 6 (PS 2011-29) A motion was made by Alderman Colosimo to approve an ordinance prohibiting the sale,possession,or , use of synthetic cannabis and other synthetic alternative drugs and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Police Chief Hart stated this is an ordinance that the department has been working on for a while with several other jurisdictions. This ordinance has been shared with our drug task force in the area. Synthetic Cannabis and synthetic alternative drugs are becoming a big problem.The main problem with synthetic drugs is that they are not marketed for human consumption and are completely unregulated. One of the biggest issues is that kids are overdosing on it and emergency rooms have no idea how to treat them. As quickly as these chemicals are being made illegal,another alternative will be found. The City hopes that the ordinance is going to address most of these issues. Alderman Kot stated it is extremely important that the City Council passes this as well as every other town in the county. It is important that schools recognize this issue and hopefully come up with some type of education program for the students and parents. It is too late when the tragedy hits. Police Chief Hart stated what scares him the most is the director of the local drug task force,who has had several informants, said it would be better for the kids to seek out more natural illegal drugs. Those would be safer than the ones the kids are buying. Alderman Colosimo stated that as a municipality the City has the ability to stay ahead of the curve better than the state does. Kids come up with a chemical combination that produces some sort of high and as soon as it is illegal they change the chemical compounds and components to make it legal. It is a game of catch-up at this point. By regulating it through the city, if the City Council finds out there is a new chemical component out there the City Council can easily amend our ordinance and add that new chemical with a two-week turnaround time.He is not one for intruding into people's private lives but when it has had the effects that it has had then he firmly believes the City Council should pass this. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye, Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye ADMINISTRATION COMMITTEE REPORT Ordinance Authorizing and Providing for the Issue of$11,140,000 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2011 (CC 2011-104) A motion was made by Alderman Spears to approve an ordinance authorizing and providing for the issue of$11,140,000 general obligation refunding bonds(alternate revenue source), series 2011 of the United city of Yorkville,Kendall County Illinois for the purpose of refunding the city's general obligation bonds (alternate revenue source)series 2005 D andgeneral obligation refunding bonds(alternate revenue source), series 2008 prescribing all the details of said bonds and providing for the collection and segregation of revenues sufficient to pay such bonds and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Mayor Golinski stated that City Administrator Olson would explain why this will be tabled tonight. City Administrator Olson stated the City received an e-mail from our financial advisor and does have one specific buyer to negotiate the sale.They came to the City and said what if the City is underestimating the amount of sales tax revenue that it is getting and there is basically no or very limited prepayment clause in the existing bond.They asked if the City wants some language in there and the city asked what is it going to cost us.They replied nothing. They directed the language that said within$500,000 or$2 million per year the city does have the ability to prepay it each year for the first few years. Through conversation,the City found out that the bond buyer still has some minor changes to the agreement.Rather than get it approved tonight,the City would bring it back to the Council in two weeks clean and it would not affect the cost,and interest rate and it shouldn't impact the budget at all as far as debt service schedules.That is the reason for the delay. Alderman Colosimo tabled the above motion made by Alderman Spears to the October 25,2011 City Council meeting; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Gilson-aye,Kot-aye, PARK BOARD No report. PLAN COMMISSION No report. The Minutes of the Regular Meeting of the City Council—October 11 2011—Page 4 of 6 ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Library Funds Alderman Colosimo stated two weeks ago,the Library Board had an ordinance to transfer funds to the Library Board contingent on them having a resolution.The resolution was approved by a 5 to 2 vote.The transfer is in the works to transfer those funds to the Library.The Library Board is very appreciative of the efforts of everyone in the City Council and City Administrator Olson that put this together. STAFF REPORT No report. ADDITIONAL BUSINESS Resident Complaint Alderman Gilson wanted to give an update for he promised a resident he would voice their complaint about a weed ordinance violation.The violation is on commercial property that is directly in front of and backed up to five houses on Briarwood.The resident notified the city of the violation on September 6, 2011 and the ticket was not issued until October 7,2011.The resident feels that by having this department headed up by someone who was also connected to economic development is a conflict of interest and wonders why he had to call several times and get an alderman involved in order for the City to do their job and issue a ticket in a timely manner. Community Development Director Barksdale-Noble stated she spoke to the gentleman on several occasions. The next day after the complaint was issued;the City did go out to the site and posted the site. The city had trouble contacting the owner to get any conversation with him. The area in question is a berm and was very overgrown. She has never heard any complaints prior to this gentleman calling.The City is not able to go in and mow.Usually that's what the city does.The new building code official is now officially handling that.Admittedly there may have been some lag but after it was brought to the City's attention that there was a ticket issue,the city went out immediately and posted it. Alderman Gilson stated he could not answer the resident as to why it took so long to issue the ticket and said City Administrator Olson had no idea the ticket had been issued and was issued the day that. Alderman Gilson called the City to get a response on it. Community Development Director Barksdale-Noble stated she had no idea that the ticket was issued. She knows that it was posted and the idea was for it to either be brought into compliance in five days or issued a ticket.The City has a new intern working and a new building code official, so please forgive a lag. It hasn't happened before,but this is just one of those incidences where it occurred. Alderman Gilson stated he believes Community Development Director Barksdale-Noble is doing a great job. He wanted to know what the City's general standard of procedure is when there is a clear violation and a clear notice posted. He was sure that the City's ordinances were clear that a ticket should be issued immediately and either sent via mail or given to the property owner. City Administrator Olson stated that the simple issue is that it fell through the cracks.He thanks the Alderman for reporting the complaint.The response would've been the same if the resident called the City again and brought it to his or Community Development Director Barksdale-Noble's attention. In concept, the City always writes the ticket if they don't post. If the City has the phone number, and there is time,a phone call will be made to the owner. Alderman Spears wanted to add that her residents have been very pleased with the job that Community Development Director Barksdale-Noble has been doing. She has received many a thank you from her residents and believes Community Development Director Barksdale-Noble has been doing a great job. City Council Picture Mayor Golinski stated the City Council will be taking a group picture the first Tuesday of November. The Minutes of the Regular Meeting of the City Council—October 11, 2011 —Page 5 of 6 EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for: 1. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. 2. The purchase or lease of real property for use of the public body. 3. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Colosimo; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye The City Council entered Executive Session at 7:52 p.m. The City Council returned to regular session at 8:41 p.m. Motion back into regular session approved by a roll call vote.Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye, Spears-aye MAYOR'S REPORT Resolution 2011-25 Ken Com Agreement (CC 2011-110) Mayor Golinski entertained a motion to approve a resolution approving an intergovernmental agreement creating Kendall County Emergency phone service and Communication Board dated November 18,2010, with change in amount to contribution of Kendall County and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Kot. Alderman Spears stated the residents of Yorkville,Plano, and Oswego should be appalled.The County is already taxing the City of Yorkville and Yorkville has a public safety tax that should be covering Ken Com,their personnel, and operations.The County board has elected to double tax our residents. County residents are not going to be double taxed,just Yorkville residents.Hopefully in the future the City can do something to change this however at this time there are no options.Either the City will cover the 911 emergency services or the City will be thrown into our police department for emergency services. Yorkville does not have the correct facilities and no manpower to handle that. Alderman Spears is going to vote in favor,reluctantly,to pass this and keep our residents and emergency personnel safe. Alderman Gilson asked if the city has looked into joining the Montgomery or Sugar Grove intergovernmental agreement before the City settles. City Administrator Olson stated yes,but nothing to the point of sitting down and negotiating a deal. Alderman Gilson's asked if estimates were done to see what the start up cost would be. Police Chief Hart spoke to Montgomery and it would be over$200,000 a year.That price was based on a very rough estimate.That did not include entrance fees or upgrades. To start our own City's dispatch center would cost over$2 million a year. Alderman Teeling asked how Montgomery has afforded to do this.Montgomery has always done this on their own from the start so they have had the equipment and personnel over all these years.Mayor Golinski stated if the City were ever interested in starting our own 911 dispatch center it would have to give notice now, for in the agreement with Ken Com,the City has to give four years notice.Ken Com can kick us out with zero notice any time. Alderman Gilson stated that this is a bad situation for Yorkville and its citizens.The city is put between a rock and a hard place.He does not believe we have much of a choice other than to vote for this. He can see this issue coming right back to the table and the city being in the same exact position that we're in now years down the line. He will vote for this but the citizens of Yorkville should be outraged. Alderman Colosimo stated he agrees with Alderman Spears and Alderman Gilson.He will be voting for this for 911 services for it cannot be disconnected for our residents who need that vital service but he has many objections to this agreement. This agreement has been entered into years ago. There are several things to consider.Residents of Kendall County unincorporated should be very happy with this agreement because the burden will be carried by the residents of Plano,Yorkville,and Oswego. There is something that can be done in the future however it does take time.He has always advocated that municipal and local elections are very important and some of the lowest voter turnouts happen during those elections. He The Minutes of the Regular Meeting of the City Council—October 11,2011—Page 6 of 6 would like to remind the residents that the County Board is up for reelection. It is very clear who supported the residents of our municipalities and who supported double taxing the residents of our municipalities.He would encourage everybody to do their due diligence and pay attention when voting. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Kot-aye, Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye Meeting adjourned at 8:49 p.m. Minutes submitted by: XL Vo�� Beth Warren, City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING C,16 Zo er ff a01 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: V - SIGNIN