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City Council Minutes 2010 05-25-10 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, MAY 25, 2010 Mayor Burd called the meeting to order at 7:01 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present (arrived at 7:03) Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenant Delaney, Community Development Director Barksdale -Noble and Building Inspector Zabel. I OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. — AMENDMENTS TO THE AGENDA Alderman Sutcliff requested that Item 45 - Ordinance Amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Alderman Gilson asked that Item 96 - IDOT Funding Agreement for Downtown Parking Lot and Item #8 - Ordinance Amending the Code of Ordinances Providing for New Water Service Rates and a Waxer Infrastructure Improvement and Maintenance Fee be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Amendments approved by a viva voce vote. COMMITTEE MEETING DATES, Public Works Committee Meeting: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 1, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., May 27, 2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. I CITIZEN COMMENTS Jo Ann Gryder with the Library Board distributed and read a statement to the City Council (see attached). She expressed her surprise at finding out online that she was being replaced on the Library Board after Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — oau 2 several years of service. She asked the Mayor to reconsider her decision and allow her to remain on the Library Board. Barb Johnson, Library Board member, expressed her shock, disappointment and anger at the Mayor's decision to replace Ms. Gryder. She commented that Ms. Gryder has a passion for and knowledge of libraries and she could not imagine serving on the Library Board without her leadership. She felt that Mayor Burd's decision to replace Ms. Gryder was mean spirited and she did not understand the thinking behind the decision. Robert Loftus explained that he has known Ms. Gryder a long time and she is a very fine person and very credible. He recommended she remain on the Library Board. Gail Gaebler, Library Board member, commented that in all her years on the Library Board she has never seen a more knowledgeable and dedicated member. She stated that she is disturbed by seeing her dismissed without an explanation and she questioned Mayor Burd's motives. Mark Johnson stated that he seconded the previously expressed opinions regarding Ms. Gryder and asked the Mayor to reconsider her for the Library Board. He personally thanked Aldermen Gilson, Spears, Plocher and Werderich for the positive vote to table the Blackberry Woods amendment and thanked them for slowing the process down. He stated that due to the delay, residents got to listen to the builder. He asked the City Council to make a rule which would not allow the vote on something on the same night there is a public hearing on it. Mayor Burd asked that this be put on the next Administration Committee agenda for further discussion. Cedric Ferguson, Whispering Meadows, noted that there are some problems in his subdivision that need to be addressed. He stated that there isn't a final topping of asphalt on the streets and rain water collects and does not drain. The pond is dirty and needs cleaning. People park on both sides of the street at the park location and block driveways. He asked if there were any plans to finish the streets and if the new developer was in the process of taking over. Administrator Olson confirmed that the developer is in the process of taking over. He further explained that the park issue was going to be discussed at the Public Safety Committee May 27, 2010. He stated that residents in the area were asked about having parking only on one side of the street and they did not want this. As to the pond, the city has no plans to address this as it is under the developer's control. Mr. Ferguson expressed his concern with mosquitoes. Administrator Olson stated that he would look into mosquito abatement and the bonds in place for the completion of the streets. CONSENT AGENDA 1. Addendum to the Collective Bargaining Agreement — Yorkville Patrol Officers - authorize Mayor and ChiefofPolice to execute (CC 2010 -44) 2. Water Department Report for March 2010 (PW 2010 -30) 3. Water Department Report for April 2010 (PW 2010 -31) 4. Yorkville Market Square - Letter of Credit Expirations - authorize City Clerk to call letters of credit if they are not renewed prior to July 9, 2010 (PW 2010 -33) 5. Disposal of Property — Bobcat Skid Steer - authorize the Public Works Department to sell a Bobcat model 533 skid steer loader to Atlas Bobcat for the amount of $6, 500.00 (PW 2010 -39) 6. Monthly Treasurer's Report for April 2010 (ADM 2010 -29) 7. NIMEC Bid - authorize Finance Director to participate in cooperative bid on May 28, 2010 to lock in three year fixed rate for electricity (ADM 2010 -31) 8. Intergovernment Cooperative Agreement of the Yorkville Community Unit School District 4115 and the United City of Yorkville - authorize Mayor and City Clerk to execute (ADM 2010 -36) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — Da L3 MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of April 13, 2010; seconded by Alderman Werderich. Alderman Gilson had a correction on page 2. He clarified that he suggested as individuals the City Council should step up to raise funds for Senior Services and that he was volunteering to do this. Motion to approve the minutes as corrected unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated May 19, 2010, totaling the following amounts: checks in the amount of $252,248.74 (vendors FY 09/10); $282,118.17 (vendors FY 10 /11); $7,261.90 (payroll period ending 4/30/10); $266,634.93 (payroll period ending 5/8/10); for a total of $808,263.74; seconded by Alderman Munns. Alderman Spears commented that she had a question about TPI Building Code Consultants. Director Mika's May 24, 2010 memo refers to an attachment which she did not get. Also, on page 19 there is a bill for Pizzo and Associates for $4,320.00 for a prescribed burn at Wheaton Woods. She asked if anyone checked with the Bristol - Kendall Fire District to verify if this company was certified to do bums. Administrator Olson stated that BKFD was consulted but he was unsure if they reviewed the contract. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Spears -aye, Mums -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Golinski -aye, Werderich -aye REPORTS MAYOR'S REPORT Appointment to Plan Commission — Jane Winninger (CC 2010 -46) Mayor Burd entertained a motion to approve the appointment of Jane Winninger to the Plan Commission. So moved by Alderman Sutcliff, seconded by Alderman Munns. Mayor Burd noted that Ms. Winninger would be taking Brian Schillinger's spot on the commission. Alderman Spears asked if Mr. Schillinger had resigned. Mayor Burd stated that he was up for re- appointment. Alderman Werderich asked if Mr. Schillinger expressed a desire to remain on the Plan Commission. Mayor Burd stated that he was "lukewarm" on remaining on the commission. Ms. Winninger came to her several months ago and expressed an interest in serving. Alderman Golinski noted that Ms. Winninger expressed interest in the Zoning Board of Appeals. He asked if she will be happy serving on the Plan Commission and if she will make the meetings. Mayor Burd stated that Ms. Winninger is pleased to be on the commission. Motion approved by a roll call vote. Ayes -5 Nays -3 Spears -nay, Plocher -aye, Werderich -aye, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye Appointment to Human Resources Commission — Judith Burks (CC 2010 -47) Mayor Burd entertained a motion to approve the appointment if Judith Burks to the Human Resources Commission. So moved by Alderman Munns; seconded by Alderman Sutcliff. Mayor Burd explained that Ms. Burks has worked for Mutual Ground before she retired. Alderman Golinski asked if this appointment replaces someone or if it is an open position. Mayor Burd stated that when someone is up for reappointment the spot is open. Alderman Gilson asked if Mayor Burd was not reappointing someone and Mayor Burd stated that she was not. Alderman Spears asked whose term had expired and Mayor Burd stated she did not know. She stated that it was a vacant position. Alderman Spears noted that she spoke to someone who submitted an application for the commission and was wondering if she was being considered. Mayor Burd stated she conducted The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — ua eg_4 interviews and she thought Ms. Burks would be good. She added that she contacts interested parties and likes to sit down and talk with them, However if they do not want to talk with her she feels they are not interested and doesn't appoint them. She is the Mayor and makes the appointments based on what is best for Yorkville. She noted that people have been sitting in positions for many years so it maybe time for new people to get a chance to serve. Motion approved by a roll call vote. Ayes -5 Nays -2 Abstain -1 Plocher -aye, Werderich- abstain, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -aye Appointment to Library Board — Reginald D. Brookins (CC 2010 -48) Mayor Burd entertained a motion to approve the appointment of Reginald Brookins to the Library Board. So moved by Alderman Sutcliff, seconded by Alderman Munns. Alderman Werderich stated that he was voting against the appointment, not because the person will be bad for the position, but because he feels that the Mayor should reconsider Ms. Gryder for the Library Board. Alderman Gilson commented that he felt Ms. Gryder has experience and knowledge. He asked the Mayor to reconsider her decision. Alderman Spears stated that she disagreed with the Mayor's comment that people have been serving on boards for too long a time. If they are doing an excellent job the city should retain them. Alderman Spears proceeded to read information on library board appointments as well as information on the removal of board members. She felt it was a big mistake to remove a person who was so dedicated. Alderman Golinski commented on Mayor Burd's statement that she had not heard from Ms. Gryder prior to making her decision since there were two communications dated May 10, 2010 and May 12, 2010 in the information distributed by Ms. Gryder. Mayor Burd stated she hadn't seen those. Alderman Golinski asked what Mr. Brookins qualifications were to serve on the Library Board as it appears that his only qualification is that he has lived in Yorkville for 4 years. Mayor Burd commented that she was not removing Ms. Gryder from the library board her term is up. She noted that she reappointed Ms. Gryder after she became mayor but now her term has expired. Also, she was not removing her because she did something wrong. She felt that Mr. Brookins would do a good job. He is an engineer and his wife is a CPA which she felt would help when trying to understand financial situations. Alderman Spears questioned Mayor Burd's reasons for appointing Mr. Brookins and his qualifications. She did not understand how his being an engineer made him an expert at finances. Alderman Golinski asked if Mr. Brookins was present at the meeting. Mayor Burd stated that he was not present as he didn't want to get in the middle of this. She stated the display tonight tells what the problem is. She felt that there has been a lack of communication and a contentious situation going on for about 3 years. She stated that the problem started out with the City Council being denied the use the Library's board room and continued with the Indian artifact display and the "gotcha moment" of the Intergovernmental Agreement. She felt that the Library Board is insular and does not think outside the box. She stated that she wanted to see someone come in from other areas of the community and be open to new things. She felt there could be a better working relationship between the City Council and Library Board. She noted that members of the City Council attend Library Board meetings but they never come to the City Council with ideas. She didn't know how they thought, by coming to City Council meeting and harassing her, she would appoint Ms. Gryder. Other people up for reappointment have called her to discuss their reappointments. She felt that this could have been discussed earlier and that this was not the time or place to be doing this. She reminded the City Council that they do not get to choose who is appointed. Alderman Plocher clarified that after the City Council denies approval two times the mayor's third appointment stands. Alderman Spears noted that three aldermen can request that a citizen present at a City Council meeting can be allowed to speak outside of the Citizens Comments. Aldermen Gilson and Golinski supported her request. Alderman Spears asked the Library Board for their side of the story. I The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — Mgt 5 Ms. Gryder explained that the when the Library was approached about displaying Indian artifacts they were very excited. They had concerns with liability so their attorney wrote a letter to the owner, Ms. Christiansen, expressing their concerns. At this point, Ms. Christensen sent the Library Board a very terse letter stating that she did not want to deal with them anymore. Alderman Spears asked why the Library Board refused to let the City Council use their fancy chairs in their board room. Barb Johnson stated that the use of the board room is covered by the board policy and letting the City Council use it went against that policy. Ms. Johnson also stated that the lack of communication goes two ways. The Mayor got Ms. Gryder's letter regarding her reappointment but she never responded. Alderman Spears noted that the city asked the Library Board for $30,000.00 for services which the city agreed to provide free of charge. She asked the Library Board if they knew about the request and did they know it would be increased to about $40,000. Ms. Gryder stated that the Library Board was asked to contribute funds due to the budget even though an Intergovernmental Agreement providing services for free has been around for years. Mrs. LaChance added that the Mayor blindsided the Library Board with the request to lower the levy and contribute $100,000.00 for services. Then she asked for $30,000.00 and then $40, 0000.00. She stated that the Library Board is trying to keep the library in good financial standing and she wondered where the requests would end. Mayor Burd stated that she asked for money at the direction of the City Council. Alderman Spears asked if it was a collective vote of the Library Board to Iower the tax levy. All the Library Board members present said it was unanimous. Alderman Gilson asked Ms. Gryder how many times she tried to contact the Mayor. She explained that she sent the Mayor an email on May 10, 2010. She then heard through the newspaper that Gail Gaebler had been reappointed and Bob Allen had been appointed to the board. She then hand delivered a letter to city hall regarding being reappointed. She stated she also left a voice mail for the Mayor last night which the Mayor responded to this morning. Alderman Gilson asked if this morning was the first time she heard about not being reappointed. Ms. Gryder stated it was. Alderman Gilson asked about the Intergovernmental Agreement and Mayor Burd stated that he could not discuss this as it is not on the agenda. Alderman Gilson stated that she brought it up as a "gotcha moment" and he wanted to hear from the Library Board. Mayor Burd stated he was out of order. Mrs. LaChance addressed Mayor Burd's comment that she likes to replace people on boards and commissions. She stated that she has served on the Library Board for nineteen years and feels she has done a lot of good during that time. She stated that people who stay on boards a long time are dedicated to what they represent and experienced people are needed. I Alderman Spears asked who does the library payroll. Members of the Library Board explained that the city does. Alderman Spears stated that if the Mayor feels something is financially wrong with the library then the city staff is responsible. Mayor Burd stated that Alderman Spears was misinterpreting her statement. Motion approved by a roll call vote. Ayes -5 Nays -4 Werderich -nay, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Burd -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT River Oaks Property Development, LLC (CC 2010 -49) Attorney Orr reported that the River Oaks Property Development agreement was approved by ordinance 2005 -16 and executed by the Mayor and City Clerk however the developer never signed the agreement. There were several items locked in for a five year period which is now up. The developer has now asked to rezone the property. Attorney Orr asked the City Council if they would consider the rezoning at this time. The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — nage 6 Alderman Spears asked if the city would renew the locked in fees. Attorney Orr stated that the developer does not feel the fees are an issue; they are only concerned with the zoning. Mayor Burd asked the City Council if there was a consensus to consider rezoning the property B -2 so an office building can be put on the lot. The developer, Cheryl Lee, added that she is incorporating green standards to the building which will be multi -use. There will be businesses on the first floor with residences above them. It was the unanim consensus of the City Council to entertain a change to the zoning. Attorney Orr noted that there is no petition for re- zoning on record however Mrs. Lee thought that this had already occurred. She stated that if Mrs. Lee could find record to support the process than it would not have to be repeated. Clerk Milschewski stated that she recalled a discussion regarding this property and suggested that the minutes from City Council meetings in 2005 be reviewed. Community Development Director Barksdale -Noble stated she would review them. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Mayor Burd reported that Yorkville has the full support of Oswego and Plano in the adoption of the resolution in support of KenCom. She stated there will be further discussion regarding KenCom. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported that registration for fall soccer and flag football would be held on June 5, 2010. Walk in registration will be from 9 :00 a.m. to noon. Further registration will be on June 9, 2010 from 4 :00 p.m. to 7 :00 p.m. i COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale -Noble reported on the following: • The CMAT 2040 campaign is hosting a public comment meeting on June 29, 2010 from 6:00 p.m. to 8:00 p.m. at the Kendall County Health Department on John Street. A draft of the CMAT plan can be found though a link on the city's website. • The Planning Consortium will be holding a meeting on May 27, 2010 at 7:00 p.m. in Platteville. The impact of wells will be discussed. Further details of the meeting can be found on the city's website. COMMUNITY RELATIONS OFFICER'S REPORT Mayor Burd reported on the following: • On May 28, 2010 from 9:00 a.m. to noon a mock City Council- meeting will be held by Yorkville High School students in the City Council chamber. The Human Resource Commission is supporting the project. • On May 31, 2010 at 11:30 a.m. the American Legion will host a Memorial Day event at Town Square Park. • The Senior Ad Hoc Committee will be hosting the second "Movie in the Afternoon" on June 23, 2010 at the Beecher Center. The movie being shown is "Up ". The committee will also be sending a senior survey out with the June 30, 2010 water bill. She encouraged all seniors to fill and return the survey. At the Senior Ad Hoc Committee meeting this past Monday, it was reported that they received $1,715.00 from Kendall County. The director also discussed how The Minutes of the Regular Meeting of the City Council — Mav 25. 2010 — nage 7 they are managing a transportation grant to use the new KCAT system for rides for seniors. Also discussed was that the Senior Sneakers program at the Rec Center may be covered by medical insurance. • The Green Committee will be honoring Taylor Coffey at the high schools senior recognition night with a Green Teen Award for his efforts in saving the environment. COMMUNITY & LIAISON REPORT Senior Reports Alderman Spears reported on the following: • She attended the Elder Friendly Workshop along with several other elected officials and senior provider organizations. Things discussed were the number of seniors in Kendall County, health needs, transportation, safety, affordable housing, etc • KCAT gave a report on the number of requests for transportation they received (in their first two weeks of operation they gave 52 rides) and for what purposes (medical, shopping, recreational, etc). Oswego and Joliet will be coming on board soon which will help with funding. • Sixteen new seniors were added to the Community Nutrition Network meal delivery bringing the total to 116 seniors receiving meals. Volunteers are always welcomed. • Library Board Alderman Plocher asked that the Library Board members who want to be reconsidered for reappointment have their applications brought to the top of the pile and that the Mayor considers the applications of the existing members first. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle — Final Acceptance (PW 2010 -32) A motion was made by Alderman Plocher to approve the acceptance of the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision for ownership and maintenance, subject to receipt of an acceptable Bill of Sale and completion of re mainin g punch list items and verification that the developer has no outstanding debt owed to the city for this development, and that American Southern Insurance Company Bond #B98804 — 010285 be reduced by the amount of $807,481.37 and that the construction detour established through the Heartland subdivision be removed; seconded by Alderman Mums. I Alderman Spears clarified that this motion removed the construction detour. She stated that she would like to know if the residents of Spring Street were notified of the change of the detour. Administrator Olson stated the contact for the detour was notified by telephone however no formal notice or letter was sent out to the residents. Alderman Spears suggested that the final acceptance be tabled until the residents of Spring Street are notified of the change in the detour. A motion was made by Alderman Spears to table the detour portion of the final acceptance until residents are notified of the change; seconded by Alderman Gilson. Motion to table removal of detour approved by a roll call vote. Ayes -8 Nays -0 Gilson -aye, Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye Alderman Plocher asked if the punch list items were addressed. Administrator Olson stated that the Bill of Sale has been received however the cross walks have not been striped and there is still debris on several lots. A motion was made by Alderman Plocher to table the final acceptance until the entire punch list items are completed; seconded by Alderman Gilson. Motion to table final acceptance approved by a roll call vote. Ayes -8 Nays -0 Sutchff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — Da U_8 Yorkville Business Center — Release of Remaining Bonds (PW 2010 -37) A motion was made by Alderman Plocher to approve the release of Gulf Insurance Company And 4150023096-201 in the amount of $60,311.75 and Gulf Insurance Company On #BE92973 in the amount of $159,000.00, subject to receipt of payment of $55,752.00 from Inland and verification that the developer has no outstanding debt owed to the city for the development; seconded by Alderman Sutcliff. Alderman Plocher asked if the city had received payment from Inland. Administrator Olson stated he did not believe the city had received payment and assumed that the check would be cut soon. Alderman Spears commented she was not in favor of trading the bond for payment. She was in favor of keeping it in place until everything was done and development. Administrator Olson explained that the business center had been owned by Inland but the property has been sold off. If the new owner wants to build, they would have to post anew bond. Inland prefers to give the city cash instead of building a watermain. Alderman Spears suggested that the city wait for new bonds to be posted from the new developer and then release these bonds. Administrator Olson stated that there is no indication of development on the property at this time. He also explained why the bonds were issued in the first place. Alderman Teeling clarified that Inland had a $60,000.00 bond for anew water main. She questioned why they were only giving the city $55,752.00. She asked if they were still responsible to install the watermain. Administrator Olson explained that the developer would be giving the city the money to complete the watermain and by accepting it the city will be accepting the obligation of the watermain. He explained that the $60,000.00 was based on an engineering estimate from awhile ago. The estimate they have given for the completion of the watermain is now $55,752.00 which staff feels is reasonable. Mayor Burd stated that City Engineer Wywrot reviewed the estimate and is confident the $55,752.00 will cover the cost of the watermain. These funds could be banked and the interest should cover any future increases. Alderman Teeling suggested accepting the $60,000.00 and refunding the developer if the cost of the watermain is less. Alderman Gilson commented that City Engineer Wywrot stated at the Public Works Committee meeting that he was comfortable with the $55,752.99 if the watermain was constructed today. Also, Inland gave an estimate not a quote for the construction of the watermain. If the watermain costs more the citizen's of Yorkville will have to foot the cost. He agreed with Alderman Teeling that the city should not accept less than $60,000.00. Mayor Burd reiterated that Mr. Wywrot reviewed the estimate and felt it was reasonable. She stated she was comfortable with his opinion. She noted that Alderman Gilson wanted an outside firm hired to review this and that if so it would cost the city more money. Alderman Spears stated she agreed with Aldermen Tee1mg and Gilson. The watermain construction is not anticipated to take place in the next few years so she felt the bond should remain as is. Alderman Gilson asked who would be responsible for the sanitary sewer once the bond is released. Administrator Olson stated the developer, who at this time could be anyone, would be responsible for the sewer and whoever comes in to build on the property will have to post a bond for the water and sewer services. Alderman Gilson questioned why the city was rushing to trade off and release the bond. Administrator Olson explained that the benefit to the city is the cash on hand. Alderman Teeling clarified that whoever comes in to build on the property will have to post a new bond before any building can be done. Alderman Gilson asked if the money were going into a separate account which will not be touched until it is needed and Administrator Olson stated that it was. Motion approved by a roll call vote. Ayes -6 Nays -2 Gilson -nay, Sutcliff -aye, Mums -aye, Spears -nay, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye Ordinance 2010- 20 Amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) (PW 2010 -35) A motion was made by Alderman Plocher to approve an ordinance amending City Code Title 6 — Traffic, Chapter 3, Traffic Schedules (John Street and Sycamore Road) and authorize Mayor and City Clerk to execute; seconded by Alderman Sutcliff. The Minutes of the Regular Meeting of the Citv Council — Mav 25.2010 — Da 9 Alderman Sutcliff stated that at a Ward III meeting residents expressed their concern that this intersection is unsafe. A traffic study was done however the intersection did not meet the criteria for a stop sign however City Engineer Wywrot found information which allowed for the placement of the sign. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye IDOT Funding Agreement for Downtown Parking Lot (PW 2010 -36) A motion was made by Alderman Plocher to approve the IDOT Funding Agreement for Downtown Parking Lot and authorize Mayor and City clerk to execute; seconded by Alderman Munns. Alderman Gilson stated that he opposed this because he disagrees with the purchase of the old jail building as it will cost taxpayer's money. Alderman Spears stated she opposed the parking lot due to its location which is not conducive for use by handicapped individuals. Mayor Burd stated that this was good for Yorkville. IDOT is funding the engineering and construction of the parking lot. She noted that there is not a lot of parking available west of Route 47 and this will replace the parking lost when Route 47 is widened. The funding will also help fund the purchase of the building. The dollars are from the motor fuel tax, tourism and the hotel/motel tax. A local developer has agreed to renovate the building at no cost to the city. Also, many local residents have offered to help with the renovation. She stated that the city has been contacted by people who are interested in using the building even though the city hasn't bought it yet. She hoped the building will be the jewel of the community. Motion approved by a roll call vote. Ayes -6 Nays -2 Spears -nay, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay, Sutcliff-aye, Munns -aye Ordinance 2010 -21 Amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee (CC 2010 -45) A motion was made by Alderman Plocher to approve an ordinance amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee and authorize Mayor and City Clerk to execute; seconded by Alderman Teeling. Alderman Gilson stated he did not support the increase because residents are struggling to make ends meet. He stated that he works with many municipalities professionally and he did not recall any that showed a deficit in their water fund since 2004. He felt the water fund should be self - sustaining or money making. He opposed passing the deficit on to residents. Mayor Burd stated that the reason for the increase in water rates has been explained several times. She felt that Alderman Gilson was misunderstanding the accounting process and explained that city got a loan for water improvements and these funds were put into a fund as revenue. The following year as the project was done this was not shown as a revenue source but an expense. The revenue has been less than the expenditure and the deficit was not shown until 2009. The infrastructure improvements were mandated to address radium compliance so the bonds were needed to correct this. She stated no one wants to increase the water rates but the problem needs to be solved. The system is supposed to be self - sufficient however it isn't due to the lower amount of tap on fees due to the decline in the economy. This is not due to a mismanagement of funds. She stated that she has spoken to other mayors and several have had to raise their municipality's water rates due to the recession. She noted that the city has to pay the bonds back and she asked anyone with another solution to discuss it with her. She further noted that this is the first increase in water rates in eight years. I Alderman Spears stated that she surveyed other communities and Yorkville has one of the highest water bills. She also surveyed residents in her ward and no one supported the increase so she cannot support it. Mayor Burd noted that the sewer rate on the water bill is not charged by the city but rather the Yorkville Bristol Sanitary District. Yorkville just bills for YBSD. She stated that Yorkville is mid range in its water rates. Alderman Spears stated that she realized the rates are different and separate however the money to pay them is coming out of the same pockets. The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — na 10 Alderman Golinski confirmed that there hadn't been an increase in eight years. Administrator Olson stated that the last vote to increase rates was thirteen years ago and it was for a five step increase program. Alderman Golinski noted an error in the ordinance; it should refer to eight years and it does not include the sunset clause stating the increase is just until the bonds are retired. A motion was made by Alderman Golinski to amend the ordinance to increase the date to eight years and to implement the sunset clause; seconded by Alderman Sutcliff. Administrator Olson stated that there should be a date certain for the sunset clause. Mayor Burd stated that she proposed a one year sunset clause to be reviewed at the next budget. Attorney Orr stated that the date would be April 30, 2011. Motion to amend approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye Alderman Munns asked what would happen if the increase is voted down. Administrator Olson stated that the deficit will grow another $1.9 million. A motion was made by Alderman Spears to table the ordinance until the City Council gets a clean copy of the ordinance; seconded by Alderman Gilson. Motion to table defeated by a roll call vote. Ayes -4 Nays -5 Golinski -aye, Teeling -nay, Gilson -aye, Sutcliff- -nay, Munns -nay, Spears -aye, Plocher -nay, Werderich -aye, Burd -nay Alderman Gilson still questioned the issue of revenue versus expense. He did not feel that the problem was being fined with the increase of water rates. Administrator Olson explained again that bonds were issued to pay for water projects. The money came in one year and was reflected as revenue. The expense then came. Bond payments were due but the revenue needed to pay them (connection fees) fell off thus creating a deficit in 2009. Connection fees started declining in FY 07/09 but took a dive in FY 08/09. The revenue was not carried over in the budget. Alderman Plocher felt the city was in the "trick bag" because it needed to comply with the standards for radium in water so it came up with the best solution at the time. Motion approved by a roll call vote. Ayes -5 Nays -4 Plocher -aye, Werderich -nay, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2010 -22 Ordinance Approving the First Amendment to the Amended Annexation Agreement Planned Unit Development Agreement (Blackberry Woods Subdivision) (PC 2010 -03) A motion was made by Alderman Golinski to approve an ordinance approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Mayor Burd thanked residents for their input on this matter and stated that the amendment tried to include as many of their suggestions as possible. One email she received expressed the concern that the developer won't pay into the Homeowner's Association however the developer has agreed to pay annually. Another concern was with the covenants and they need to be recorded within thirty days. Director Barksdale -Noble further explained the amendment - the developer is not contemplating an SSA; they will contribute 50% of the pond cost up front; additional language addressing Cannonball Trail improvements has been added, etc. Alderman Sutcliff stated that she met with the developer and residents. It was a good informational meeting and the residents were more comfortable with the amendment after the meeting with no one opposing it. She thanked everyone who participated. The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — ua 11 Alderman Gilson stated he communicated with four residents of which two supported the amendment, another supported it but not with the freeze in fees and one did not feel they should be given any concessions. He stated he would be voting based on the opinions shared with him by the residents. He felt that amendment should address the recording of the covenants. Mayor Burd reiterated that the covenants will be recorded within thirty days. Alderman Spears stated she had questions at the last City Council meeting about the transportation fee being reserved and what was it used for. She felt that the City Council received incorrect information about the transportation fee so she did some research and found a resolution dated February 15, 2006 that approved the collection of fees for Kendall County highways and indicates that they do not have to remain with the development. She read the resolution which indicates that the city recognized the impact of new subdivisions on transportation and implemented fees to fund improvements on the local transportation system. She stated that the city entered into an agreement with Kendall County for the use of these fees and she recommended that before the fees are waived it be discussed with the county. Alderman Spears other concern was the building codes. She explained the lengthy procedure to adopt building codes needed for public safety. She stated she supported locking in the permit fees if they are paid in advance after the amendment is approved. Administrator Olson stated the he researched the city road fee and read from Resolution 2006 -87 which states that funds from the fee are to be applied directly on roads affected by the development at the discretion of the city. He stated that Alderman Spears was referencing a Kendall County resolution which is a different thing and he did not research that resolution. He stated that the Kendall County fee is $1,500.00 however it was never implemented. Alderman Spears expressed her confusion between the county and city transportation fees. Mayor Burd thought the city was collecting the county fee but Administrator Olson stated that it wasn't because the Kendall County fee had not been adopted countywide. He clarified that the fee being waived was the city's road fee not the Kendall County fee. Administrator Olson clarified that the developer was not subject to the road fee at the time of the agreement. Mayor Burd addressed the concern with the building codes especially as they applied to sprinklers in multi- family residences. She asked the attorney for the developer, Attorney Kramer, to weigh in. He stated that the city needs the fees from permits and impact fees. The developer is asking to freeze their costs in order to make the development work. The bank is discounting the lots so the developer can obtain them and finish the development. The subdivision has a unique impact on the roads so they are asking to waive the impact fee. Mayor Burd asked him which building code they were comfortable with and he indicated that they were fine implementing the 2009 codes without sprinklers. He stated that requiring sprinklers would be a deal breaker for the developer. Mayor Burd noted that the city is still operating under the 2000 building codes. There was a brief discussion on which codes the city and developers are using. It was suggested to support the 2009 codes without sprinklers. Mayor Burd asked if the City Council would be comfortable with requiring the developer to live up to certain codes that the city still hasn't adopted and the consensus was no. Alderman Spears noted that the city is currently reviewing the building codes. It was discussed by the Economic Development Committee that sprinkles be left in but make this optional for the builders to install. They proposed an incentive for builders to choose the sprinklers. Alderman Werderich stated the he spoke up against the amendment at the last City Council meeting. He noted that the dilemma is a partially built out subdivision and if the city should hold the developer to the standards the city originally asked for or allow some concessions. He stated that he was contacted by some residents from the subdivision and they all supported the amendment. He stated that after all that has transpired he is inclined to change his position on the amendment. He asked that the floor be opened to allow any residents present to speak out. Mayor Burd opened the floor to the Blackberry Woods residents. Nine residents indicated their support of the amendment and none opposed it. One resident asked for clarification of payments to the HOA. Administrator Olson stated that his concern was addressed in the stafFs comments however the comments were not incorporated into the amendment. He noted that the motion on the floor is to approve the amendment as presented so he suggested a motion be made to amend the amendment to include staff comments. The Minutes of the Regular Meeting of the Citv Council — Mav 25.2010 — na 12 Mayor Burd entertained a motion to amend the original motion to include staff recommendation one through six which incorporate the suggestions of the homeowners. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion to amend approved by a roll call vote. Ayes -8 Nays -0 Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye Director Barksdale -Noble read staff comment #3 addressing the HOA fees. There was discussion as to what the association fees covered. Attorney Kramer stated that the residents will be responsible to maintain the signage and the two ponds. He explained that the developer will develop and maintain the ponds for several years before turning it over to the residents. Any unimproved areas will not be assessed to the HOA. There was more discussion on updating the building codes. Alderman Spears felt that freezing the fees would have a "snowball' effect on community. She stated that residents in her ward do not support this. Attorney Kramer noted that some permits are better than none. Mayor Burd noted that this could cause a snowball effect in a positive direction. A motion was made by Alderman Sutcliff to call the question; seconded by Alderman Mums. Motion to call the question approved by a roll call vote. Ayes -6 Nays -2 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay Original motion as amended approved by a roll call vote. Ayes -6 Nays -3 Sutcliff -aye, Munns -aye, Spears -nay, Plocher -nay, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay, Burd -aye Mayor Burd asked for a five minute recess. Ordinance 2010 -23 Amending the Code of Ordinances Amending the Building Department Fee (EDC 2010 -03) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances amending the Building Department Fee Schedule and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Spears commented that she was against raising the fees. She stated that most of the charges have an impact on residents and suggested that only commercial fees be increased. Alderman Sutcliff complimented Mr. Zabel on doing a good job researching building department fees with other municipalities. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -2 Munns -aye, Spears -nay, Plocher- present, Werderich -aye, Golinski- present, Teeling -aye, Gilson -aye, Sutcliff -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT REC Center Memberships for City Employees (ADM 2010 -32) A motion was made by Alderman Sutchff to approve a free basic membership to the Rec Center for all United City of Yorkville employees who are eligible to receive help insurance benefits from the city; seconded by Alderman Munns. Alderman Sutcliff noted that Alderman Plocher brought this forward. There is documentation showing that healthy people do not go to the doctor as often and this is a cost savings. City employees will not be receiving raises this year but can be offered a free individual membership. Alderman Gilson did not feel that the city should offer up memberships over and above those negotiated by the Police Department. He stated that the Rec Center is in the red and is projected to stay that way for The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — Daze 13 several years. He did not want to risk the effect on the current membership by adding more people who will create wear and tear on the equipment. Alderman Munns stated that this will save on insurance costs by promoting healthier employees. He stated that study show that there is a savings 10 times for every dollar spent on prevention. Alderman Werderich stated that due to the information presented by Alderman Munns he supported the memberships. He also noted that this is a benefit the city can offer its employees at little or no cost. Alderman Spears asked if this applied to elected officials. Mayor Burd stated it did not. Alderman Spears stated that she could not see residents paying for free memberships for the staff. Alderman Gilson noted that aldermen will be eligible for a membership after the next election cycle. Attorney Orr clarified that elected officials are not employees of the city and she suggested that if the City Council wants this to apply to elected officials they should have a separate vote for this. Administrator Olson stated that he will have to investigate the matter per the Employee Manual. A motion was made by Alderman Spears to table this until the attorney clarifies if this applies to elected officials; seconded by Alderman Gilson. Motion to table defeated by a roll call vote. Ayes -3 Nays -5 Teeling -nay, Gilson -aye, Sutcliff-nay, Munns -nay, Spears -aye, Plocher -nay, Werderich -nay, Gohnski -aye Attorney Orr noted that whether or not this applies to elected officials does not apply to after the next election. A motion was made by Alderman Plocher to amend to exclude elected officials from the membership offer; seconded by Alderman Teeling. Motion to amend approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye Alderman Spears asked if this applied to part-time employees and Administrator Olson explained that it only applies to employees who get health insurance and currently no part-time employees have insurance. Aldermen Spears and Gilson reiterated that they did not support giving the employees free memberships whereas Alderman Munns supported them because he felt healthier employees will save the city in the long run. Aldermen Plocher and Teeling expressed their support with Alderman Teeling adding that the employees may take out memberships for the remainder of their family. Motion approved by a roll call vote. Ayes -5 Nays -3 Spears -nay, Plocher -aye, Werderich -aye, Golinski -nay, Teeling -aye, Gilson -nay, Sutcliff-aye, Munns -aye Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission — First Reading (ADM 2010 -32) Mayor Burd reported that eh Chapel on the Green may be up for sale. This ordinance was recommended by the chairman of the historical Society in order to help preserve historic buildings in Yorkville. Amending the Code of Ordinances Regarding Park Board Membership (ADM 2010 -32) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of ordinances regarding Park Board membership and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Mayor Burd reported that this is a housekeeping item as there are not enough members currently on Park Board. This will take away the requirement that a School Board representative be on the Park Board. Alderman Spears asked if the amendment had been discussed with the new superintendent. Administrator Olson stated that it had not been discussed with him. Alderman Spears suggested that the amendment wait until the new superintendent starts with the School District. The Minutes of the Regular Meeting of the Citv Council — Mav 25.2010 — na 14 A motion was made by Alderman Spears to table the ordinance until it can be discussed with the new School District superintendent; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes -6 Nays -1 Present -1 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -nay, Munns- present Intergovernmental Agreement with Library (ADM 2010 -32) Administrator Olson reported that when staff was directed to send the Library Board a request for additional funds they brought forward the Intergovernmental Agreement. He asked for direction from the City Council as to how they want the agreement approached; negotiate an amendment, terminate, etc. Mayor Burd added that she and the City Administrator were unaware of the Intergovernmental Agreement. She stated that the city's request does not violate the agreement and the intent of the request was to ask the Library Board if they would work with the City Council. There was never intent to abolish the agreement. She wanted the City Council to be aware that the agreement does exist and any proposed amendments to it have to be made by February 2011. Alderman Gilson asked if the agreement would be abolished by asking the Library Board to pay for services. Mayor Burd explained that she is suggesting to amend the agreement not abolish it. Alderman Gilson expressed his embarrassment that the city went to the Library Board without knowing an agreement was in place. He stated he was against amending it_ Alderman Munn commented that it was not smart that the city had the agreement in the first place. He felt that everyone should pay their fair share. Alderman Spears commented that the Library should pay its fair share however the City Council just voted to give employees free memberships. Also, it just wanted to take the School District representative off the Park Board. She stated that the word is out that Yorkville doesn't play well with others. She stated that she is embarrassed to sit on a City Council that is making other suffer. Mayor Burd reminded the City Council that they voted for her to ask the Library Board for money. She explained that the reason behind the Park Board issue is that the School District does not take advantage of the spot. Without their representative it is hard for the Park Board to have a quorum and conduct business. Alderman Sutcliff stated that she explained to the School Board about the open position on the Park Board but they have not chosen to fill it. She stated that it is great to have a relationship with the Library Board however she agrees with Alderman Munns that everyone had to pay their fair share. She felt it was fiscally responsible to ask the Library Board to pay for services provided by the city. She supported amending the agreement. i Aldermen Plocher and Teeling supported amending the agreement. Alderman Gilson expressed his support for leaving the agreement as is. Alderman Golinski stated he was against asking the library to pay for services. He noted that they are not a separate entity but part of the city. He asked who pays for services at the Rec Center as this isn't even a city building. Administrator Olson stated that the city plows for the owners and it is under discussion to amend this arrangement. It was the consensus (5:3) that the library not pay fees and that the agreement remain as it. Alderman Spears requested that the $40,000.00 requested from the library be removed from the budget because they are funds the city does not have. Riverfront Building Concession Lease RFP (ADM 2010 -32) A motion was made by Alderman Sutcliff to approve the Request for Proposal for the Riverfront Building Lease; seconded by Alderman Munn. Administrator Olson indicated that the proposal will come back to the City Council for approval. Alderman Werderich stated that he has been approached by people who feel that by opening the doors of a kayak business in the city building will jeopardize other businesses in Yorkville. He stated that he did The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — Mee 15 not like that the request for proposal limits the use of the building to produce/kayak operations which are direct competitors of a current business. He suggested that other businesses be given an opportunity to lease the building. Alderman Sutcliff felt it was a good idea to have the building ready for kayak rentals for when the chute on the river opens. If kayaks are not available people may not come back and she felt it was this was a necessity to the park. Alderman Werderich stated that if the operation was for only kayaks that would be fine but the UP reads that it is for canoes and kayaks. He questioned what if someone opening an ice cream stand was interested. A motion was made by Alderman Plocher to amend the UP to the open up to the highest bidder. Motion to amend approved by a roll call vote. Ayes -7 Nays -1 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff- -nay, Munns -aye, Spears -aye, Plocher -aye Administrator Olson requested time for staff to review the language and rewrite the UP. Alderman Golinski clarified that the UP would be effective next summer. A motion was made by Alderman Plocher to table the UP until the June 10, 2010 City Council meeting; seconded by Alderman Werderich. Motion to table approved by a roll call vote. Ayes -7 Nays -1 Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff- -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act (ADM 2010 -32) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances providing for the penalties for violation of the State Officials in Employees Ethics Act and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling. I Attorney Orr explained that if there are ethics violations the ordinance states that the matter needs to be taken to a local adjudication board or judge. She recommended that the City Council adopt the ordinance and have the state commission hear any case and assess penalties. Now the amendment allows for violations to be heard by a three person commission, appoints an ethics advisor and allows for hearings. Alderman Mums asked who appoints the commission and Attorney Orr stated that the mayor would with the advice and consent of the City Council. Mayor Burd stated that the mayor could bring someone forward for adjudication. She stated that she has no interest in the past and she is not looking to prosecute anyone for past actions. Alderman Spears stated that the amendment refers to Sections 3 & 5 and they are not in the packet. She also stated that when this was originally brought before the City Council, Alderman Sutcliff misrepresented the county be saying that Anne Vickery appointed the county commission. Alderman Spears spoke with Ms. Vickery who explained she did not appoint the commission John Church did. Alderman Spears recommended the city use the Kendall County commission. Alderman Gilson agreed. A motion was made by Alderman Spears to amend the ordinance to use the Kendall County Ethics Commission; seconded by Alderman Gilson. Alderman Werderich asked if the Kendall County Board could vote against this. Attorney Orr stated she would have to research this further. A motion was made by Alderman Plocher to table the ordinance until the next City Council meeting; seconded by Alderman Munns. Motion to table approved by a roll call vote. Ayes -6 Nays -2 Gilson -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -nay The Minutes of the Regular Meeting of the Citv Council — Mav 25, 2010 — pa 16 ADDITIONAL BUSINESS Fox Valley Shopper Alderman Gilson asked what the status was on the getting the newspaper off driveways. Mr. Zabel stated that he had not sent them a violation notice yet but would do so. Action Taken Alderman Werderich asked that staff pay closer attention to the "action taken" box on the information in the City Council packets. He noticed that some of the information is incorrect. EXECUTIVE SESSION None. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 11:07 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i REGULAR CITY COUNCIL MEETING I May, 5, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: �e.. � .,L, � ! Otis a z•.- ��v�� �srvl K,�R�G v /&rkt IA14sno � Wo d.S I " l ��'�� I�JGQ�t� C� ✓� � n��5 L�r�c.c• � v►� ; �� �U � I _ 9B ( 0411,4,1 1-14KdV( sr � 1 REGULAR CITY COUNCIL MEETING May - 2010 PLEASE PRINT NAME: S UBDIVISION OR BUSINESS: i 'EN Oo V�6 2,- L•bcar�' �C"r �s,�eQ, inn i Wa. a 3 aA al I Le i s b c- A, e at n a C'r y o L (tee ; vzyl Pp� Ue*d 0 SIGNIN REGULAR CITY COUNCIL MEETING Public Comment May 25, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: JW A nn nn � SIGNIN I I am just riot ready to - retire yet! When I read online that someone else was being appointed to the Yorkville Public Library Board in my stead, I was surprised. After so many years of service, it is just stunning to me to think that my wealth of experience and knowledge is not valued. I Just a rundown for you of my library background: 1960's Started working as a volunteer at the Yorkville Library which was a one room library owntown standing where the closed Old Second Bank is now ry g located. I became interested to fulfill my Girl Scout Badge but totally fell in love with the library. I worked 2 -3 summers from around the ages 11 -13. My pay was a Black Cow every week from Doc Webster's soda fountain a half block away. The library was run by the Yorkville Women's Club until they turned it over to the city in the late 60's -early 70's. 1970's Married; started our family; moved to Plano in 1978. In the first week I went to the library to get my library card. 1980's First ran for the Little Rock Township Public Library Board in 1981. 1 had a 5 year old and a 6 month old when I started serving on the Library Board in Plano. Served there for 16 years; always ran for re- election and won each time, sometimes being the highest vote getter. During my time on the Little Rock Township Public Library Board, I was an officer almost every year serving as President for many years. I was on the board there when it converted to the Plano Community Library District; I negotiated with an adjacent landowner to option land that the library later bought to allow the expansion and preservation of the Historic Carnegie Library. I first served on the Burr Oak Library System Board during this time. A two year commitment. 1990's Continued on the Plano Community Library District until 1996 when I started back to school and worked in Chicago for several years. Moved back to Yorkville in the late 1990's. 2000's I had met Mayor Prochaska through intergovernmental meetings when I represented the Plano Library. When I moved back to Yorkville, he knew of my experience and appointed me to the Yorkville Library Board where I have served for almost 10 years. I was also on our library system board, the Prairie Area Library System, from 2005 -2007. For at least 5 of the past 10 years, I have served as President of the Library Board. During that time, we were able to coordinate an effort with interested citizens of Yorkville to promote and pass the Referendum for the bonds to build our new facility the first time out! I was involved with the the architects and the contractor throughout the process which included weekly 1 i meetings with all the above. Now that we have the building; we have been working to provide more programs and services to the community. In an effort to promote library services to those currently unserved, created and appointed a fact - finding committee which has met for well over a year and is most recently researching further questions that the Board members have developed for this most important decision. This is a very pro- active decision, and certainly looks toward providing services to the most people possible which allows us to maximize the usage of our beautiful building. Library Service.: It's a family's legacy and commitment to our community. My sister served on the Yorkville Public Library Board in the 1980's. My son is currently on the Oswego Public Library Board serving his second term. As for me, I have served my community through service on library boards for well over 25 years. I love my library. I have as much enthusiasm and excitement for our library as I did at the very start of my library board career. I want to be able to continue. I therefore respectfully ask the Mayor to reconsider her appointment and allow me the honor of continuing the work I have started at the Yorkville Public Library. I appreciate the support that I have received, and look forward to a continued relationship with the city council, the library and its staff, and the community in the years ahead. Sincerely, n J Ann Gryder President, Yorkville Public Library Board May 25, 2010 �I I 2 W lnfl �oc�n�o��voIfm1ozoi 9�o12��mau�� -_�_ Pu�m --' - -- '-FW: Re-appointment to L'brary Board - - '----------- - - - -- - -' ' - ' From: Jo Ann Gryder Oog hotmmi|.conA � Sent: Mon 5/1U/1011:36AM ' To: Ue.U.us ----'�� Cc: MichekyPfiatmrZ |mJUzU.us i Dear Honorable MovorBund: / - bn�n�bo the Yorkville Public L��� Board �� o3 �nn ���� � �oy, ��13 It |omnoqueoUngrm-appoi n s ornv . . has been '' pleasure to serve the community through service tothe library board in the past many years. | look - fo rwa rd working with you, the City Council and our library board in the future, Thank you for your consideration. Sincerely, Jo Ann � President, Yorkvi Public Library Board ofTrustees Hotmail is redefining busy with tools for the New Busy. Get more from your inbox. See how. s037a4f 5/25/2010 May 12, 2010 The Honorable Valerie Burd. 1 Mayor, The United City ofYorkvffIe - - { - tW amefarm - Road Yorkville, IL 60560 -- ite:- - tibrary Board Reappointment -- rear - mayor Burd: -Imagine--my surprise when I learned that I had not been reappointed to the Yorkville Public Library Board -last -night at -the City Council Meeting. I understand that Gail Gaebler and Bob Allen have been appointed for three year terms. I had sent you an email expressing my interest in continuing on the - -- L;b,dI_y.SUdId on Monday, May.lO but thought perhaps you had not received it. Therefore, i am writing this letter to request that you reappoint me to the Library Board for the next three- years. I have served close to 10 years on the Yorkville Library Board, and it has been my great pleasure to see our - library grow and develop as much as it has in the past many years while I have served on -t-he- Board. -1 developed my passion for libraries as a Girl Scout working towards a Reading - Badge - when - the Vorkkvitle Library was one large room run by the Women's Club of Yorkville. I was able to serve -on the :Plano Community Library District Board for 16 years from 1980 -1996. As you know, library board work is all volunteer hours, and it has been my great privilege and honor to serve my T-ommunity.through -my service- on.4brary.boards. - I-want to- remain a member of the Yorkville Public Library Board to continue serving my community in that capacity. I look forward to hearing from you, and if you would like to discuss this with me, please ca#l.nre un.my cell.ph one..at.63.Q- 313- 0 home, after.5.p_m..at.630 7 , 553 -5 - Tltd.tk_yuu I or your consideration in this. matter. Sincerely, Jo Ann Gryder i From Voice Mail on 925 /170 in the a.m. Jo Ann, Hi, this is Valerie Burd I am just calling in response to your letter that I received. And I Just wanted to let you know that I had decided to go ahead and appoint this gentleman from Bristol Bay to the library board just mainly because I think it's a good j time to get some new direction. And just some new blood on there. Some people from other parts of the community. So, I really thank you for your 10 years of service. I hope that you can be involved in other things in the city. I appreciate your efforts. Thank you. Bye bye. I i Iii J 0 Memorandum To: City Council EST. 1836 From: Susan Mika, Finance Director rill CC: Mayor Burd; Bart Olson, City Administrator Date: May 24, 2010 IL-E Subject: Bill List Questions 05-25-10 City Council Agenda — ---------------- ------ - - ------------ The following are questions from the May 25, 2010 bill list: 1. Page 2: AT&T Long Distance: 05/25/10 0.01 Is the "0.01" amount correct? Response: Yes, the "0.01" is correct. We are in a transition period in switching service over to Call One. While most of the lines have been switched over there are still a few that remained with charges from AT&T. 2. Page 8: Gardiner, Koch & Wesiberg –H-1847C-/ Admin. General Legal Matters - $185.00. Please provide details regarding "general legal matters". Response: Please refer to City Administrator Bart Olson's email on the detailed legal bills. 3. Page 11: Kendall County Collector: 05/19/10 Admin. Taxes for Parcel #05-10- 105 -002- $179.24. Please provide details of parcel and taxes due. Response: The parcel is the Well site in Raintree located at 2224 Astor Dr. Both the first and second installments for the taxes were paid at $89.62 each. 4. Page 13: Laner, Muchin, Dombrow, Becker – Admin – General Employment Matters - $649.09. Please provide details regarding the corporate council fees. Response: Please refer to City Administrator Bart Olson's email on the detailed legal bills. 5. Page 16: Northwest Collectors, Inc. – Police Commission on Collections - $114.00. Please provide details. Response: This is the commission that is owed to the agency for the amount that is collected on outstanding ticket fees. We pay them 40% of what they are able to collect. 6. Page 17: James Olson Associates – Eng. Boundary Survey for $350.00. Will this amount be reimbursed by IDOT or the grant dollars we are receiving for this project? Response: This survey was for the old jail site, per the purchasing agreement. 7. Page 17: Kathleen Field Orr — Admin. General Adm. Matters $4,571.25 Please provide details regarding "general adm. Matters ". Response: Please refer to City Administrator Bart Olson's email on the detailed legal bills. 8. Page 18: Kathleen Field Orr — 04/22/10 — 08 Grande Reserve - $980.50 Is this reimbursed by Grande Reserve bank? Response: This expense is not an expense that is expected to be reimbursed at this time. 9. Page 18: Kathleen Field Orr — 04/22/10 — 10 Development - $92.50 Response: Please refer to City Administrator Bart Olson's email on the detailed legal bills. 10. Page 18: Kathleen Field Orr — 4/22/10 — 11 — Kendall Marketplace - $1,000.00 Is this reimbursed by Kendall Marketplace? Response: This expense of $1,000.00 was actually not for Kendall Marketplace but for the following line item which was the fee for meetings. (For future reference and to save confusion, the expense for each item is always in line horizontally with the Account #. When more than one line has to be used for the descriptions, sometimes the description itself may not always fall in line with the subject matter.) 11. Page 18: Kathleen Field Orr — 15 — Developer Escrow — Standard - $416.25 Please provide details of "developer escrow — standard ". Will the development(s) reimburse the city? Response: This is for Standard Redevelopment Inc. The intention is any time that Fund 90 (a.k.a. Developer Escrow Deposits) is used, a developer deposit is to be collected to reimburse the city for these expenses. Fund 90 was designed to take the place of ARO. 12. Page 21: TPI Building Code Consultants: $1,350.00 Please provide details of inspections (e.g., location(s). Response: Please see attached Plumbing Inspection Detail, for addresses and type of inspections. 13. Page 27 — American Society of Landscape for Membership dues for $413.00 —1 do not recall this membership being mentioned in the budget approval process. Please check the approved budget to see if these membership fees were approved by council for the 10/11 budget. If so please specify. Response: The budget was approved for two memberships for ASLA @ $313.00 each. 14. Page 33: Tuffy Auto Service Center: Finance — Oil Change $36.68. Why is this charged to Finance? Is this a City vehicle? Response: This was a typo on the bill list as the account number was correct and this was actually charged to Engineering and was an oil change for Darryl's truck. I 15. Page 35: Overtime Expenses: Please detail overtime expenditures listed. Response: See chart below. LAST NAME FIRST NAME DEPARTMENT HOURS DebitAmt BEHRENS BRETT WATER 1 38.20 BOZUE STEVE POLICE 1 47.60 GROESCH BARRY POLICE 5 267.69 HART ROBBIE POLICE 6.5 312.89 HAYES CHRISTOPHER POLICE 2 73.80 KETCHMARK MATTHEW POLICE 16 663.81 i KLINGEL SARAH POLICE 40.5 1,949.55 PFIZENMAIER BEHR POLICE 12 463.80 SCODRO PETE PARKS 3 88.37 SENG MATT STREETS 2 73.73 SLEEZER JOHN STREETS 6 278.57 SORENSEN BRIAN WATER 1 45.08 4,303.09 f