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City Council Minutes 2008 01-08-08 i 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, JANUARY 8, 2008. Mayor Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Absent Werderich Present Ward Il Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gagliano, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Schwartzkopt Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. 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 Spears asked that Item 45 - IDOT Highway Permit and Resolution — Tuscan Plaza — be removed from the consent agenda and place on the regular agenda under the Public Works Committee Report. COMMITTEE MEETING DATES Public Works Committee 6:00 P.M., Thursday, February 19, 2008 City Hall Conference Room Economic Development Committee 6:00 P.M., Thursday, January 17, 2008 City Hall Council Chambers * Subject to change due to Chamber of Commerce dinner Administration Committee 7:00 P.M., Thursday, January 10, 2008 City Hall Council Chambers Public Safety Committee 6:00 P.M., Thursday, January 24, 2008 City of Yorkville Conference Room * Subject to change PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Heartland Subdivision — Dedication of Dakota Drive — authorize City Clerk and City Administrator to execute (PW 2008 -03) 2. Grande Reserve Unit 7 — Plat of Easement Vacation — authorize Mayor and City Clerk to execute (PW 2008 -05) I The Minutes of the Regular Meeting of the Citv Council — January 8. 2008 — nage 2 3. Kendallwood Estates — Sitework Letter of Credit Reduction #1 — approve reduction of Castle Bank Letter of Credit No. 3000221071 -901 in an amount not to exceed $2,219,873.97 subject to verification that the developer has no outstanding debts owed to city (PW 2008 -16) 4. Betzwiser Development — Sitework Letter of Credit Expiration — authorize City Clerk to call letter of credit if not renewed prior to April 18, 2008 (PW 2008 -07) 5. Committee Meeting Schedule Changes — approve change to Committee meeting schedules, as presented, and authorize City Clerk to distribute a revised 2008 meeting schedule (CC 2008 -01) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting was scheduled for January 9, 2008 at 7:00 p.m.; the Zoning Board of Appeal meeting was cancelled due to lack of agenda items; the next Comprehensive Plan Citizen Advisory Committee meeting was scheduled for January 23, 2008 at 5:30 p.m. and the next Plan Commission Consortium meeting will be January 24, 2008 at 7:00 p.m. at the library where the topic will be Historic Preservation. MINUTES FOR APPROVAL A motion was made by Alderman Golinski to approve the minutes of the City Council meetings of November 13, 2007 and the Committee of the Whole meetings of November 13, 2007 and December 18, 2007; seconded by Alderman Besco. Motion approved unanim ously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Golinski to approve the paying of the bills listed on the Detailed Board Report dated January 3, 2008 totaling the following amounts: checks in the amount of $793,931.39 (vendors); $260,905.18 (payroll period ending 12/8/07); for a total of $1,054,836.57; seconded by Alderman Besco. Alderman Spears questioned the following items: o Page 12 — Gardiner, Koch & Weisberg — Huss matter in the amount of $2153.50. Administrator McLaughlin explained that the bill was for legal services for litigation against the city. Alderman Spears also questioned the bill for General Legal matters under the same item in the amount of $234.00. Administrator McLaughlin stated he was not exactly sure what this was for because he had spoken to the attorneys on several different issues. o Page 15 — Ice Miller — October Legal Matters in the amount of $30,853.33. Alderman Spears questioned what comprised this amount. Administrator McLaughlin stated that there was an itemized bill for this and Alderman Spears requested a copy of it. Mayor Burd stated that this bill was actually for several months of services from former City Attorney Roth. o Page 37 — Schoppe Design — Community Development /School site in the amount of $4,802.20. Director Miller explained that this was the final installment for contracted services for a project that began in early 2007 since the project has been finished. Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye REPORTS MAYOR'S REPORT Resolution 2008 -01 Support for the Fermilab Mission and Request for Supplemental Funding Appropriation (CC 2008 -02) Mayor Burd reported that she received a letter dated December 26, 2007 from the mayors of Batavia and Aurora regarding government funding cuts affecting Fermilab which asked Yorkville to join in support of continued funding. She read the resolution and entertained a motion to approve the resolution of support for the Fermilab Mission and Request for Supplemental Funding Appropriation and authorize Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Werderich. The Minutes of the Reeular Meeting of the Citv Council — January 8, 2008 — Daee 3 Alderman Besco asked who would get copies of the resolution and Mayor Burd indicated that it would be sent to Illinois senators and congressmen. Administrator McLaughlin noted that it is critical to send it to all the senators. Alderman Golinski suggested that the resolution be sent to any politician who has an address as the funding cuts have already been approved. He further commented that he was going to abstain from the vote as he is employed by Fermilab for the last eighteen. He then read a statement to the Council (see attached). Alderman Spears suggested that citizens should review how current candidates have voted on this matter and then vote based on this information. Motion approved by a roll call vote. Ayes -5 Nays -0 Abstain -1 Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski- abstain, Besco -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported on the following items: • The traffic signals at Routes 126 and 71 were turned on. • The fifth Tuesday of January is being considered for the Goal Setting Session. Alderman Spears commented that in the past this meeting has been held on a Saturday. Mr. McLaughlin also noted he could facilitate the meeting himself and it was the consensus of the council that there was no need for a consultant; Mr. McLaughlin could be the facilitator. • He clarified if the Tuscan Plaza resolution was tabled and Alderman Spears indicated that it wasn't tabled just removed from the consent agenda. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that a new recreation coordinator, Shay Rosborough, has been hired. Ms. Rosborough was an intern over the summer and is now a full time employee. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that staff is finishing up the population projections and he will have the information to the council by the end of the week. He welcomed any questions. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that the art work in the council chamber was provided by Waubonsee Community College. COMMUNITY & LIAISON REPORT Free Seminars for Seniors Alderman Spears reported that Rush - Copley would be conducting free seminars for seniors at the Beecher Center. On February 14, 2008 from 10:00 a.m. to 11:00 a.m. the seminar will be Adjustment to Illness and on February 28, 2008 from 10:00 a.m. to 11:00 a.m. an Anxiety Panic Attacks seminar will be given by Dr. Lorna. London. The Minutes of the ReLyular Meeting of the Citv Council — January 8, 2008 — Mee 4 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Well No. 7 Repair Summary (PW 2008 -02) Alderman Besco reported that this was an informational item regarding the Well 47 repair. He indicated the cost of $169,709.31 has been submitted to the city's insurance company. Alderman Spears asked who would be paying for the staffs time_ Director Dhuse indicated that he would check into this with the insurance company however most of the work was done by contractors. ComEd Utility Permit Request — Bristol Ridge Road (PC 2008 -02) Alderman Besco reported that this was an informational item regarding the ComEd Utility Permit Request at Bristol Ridge Road. He explained that the city prefers utilities to be buried wherever possible however ComEd is requesting a permit to build an overhead pole line along the east side of Bristol Ridge road as they have been instructed to install lines in the most economical manner. If the city wanted to pay the difference they would be willing to bury the lines however the difference in cost is approximately $100,000.00 and the city does not have the funds. Alderman Spears asked if the city knew a substation was needed in this area and City Engineer Wywrot indicated they did not. Ordinance 2008 -01 Ordinance Amending Title 8 of the City Code of the United City of Yorkville, Kendall County, Illinois (Wetland Protection Regulations) (CC 2007 -134) A motion was made by Alderman Besco to approve an ordinance amending Title 8ofthe City Code regarding Wetland Protection Regulations, as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Spears. Alderman Spears and Alderman Besco complimented staff on an excellent job amending the ordinance. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Sutcliff -aye Resolution 2008 -02 IDOT Highway Permit and Resolution — Tuscan Plaza (PW 2008 -08) A motion was made by Alderman Besco to approve a resolution approving the IDOT Highway Permit and Resolution for Tuscan Plaza and authorize Mayor and City Clerk to execute, subject to staff approval; seconded by Alderman Werderich. Alderman Spears questioned if the mayor could sign the permit since it applies to a property in TIF district. Administrator McLaughlin stated that per the state statute and Attorney Orr's direction, the restriction on an elected official's participation relates to having discussions directly related to economic projects in the district. He advised that Mayor Burd could sign it if the City Council approves the resolution and directs her to do so. He did not feel it was against any rules. Alderman Besco explained that the resolution was for the authorization of an IDOT permit prior to any work beginning. Mr. Wywrot further explained that the permit is issued to the city. Mr. McLaughlin stated that this presents the opportunity that once everything is in line; the development can begin the project. Alderman Spears felt it might be safer to have the City Administrator,sign the permit. There was some discussion and it was the consensus to have Alderman Munns sign the document as mayor pro temp. Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Sutcliff -aye, Spears -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — January 8, 2008 — DaLye 5 ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS No Parking Signs Alderman Sutcliff asked about the status of the "no parking' signs on Somonauk Street and Director Dhuse explained that they were already installed. Sycamore Traffic Light Alderman Sutcliff asked for a Sycamore Street traffic light update. City Engineer Wywrot stated that the contract documents have been signed and after a pre - construction meeting the project should begin. Alderman Sutcliff reported that the Public Works Committee discussed progress with the developer. Director Miller stated that there has been some movement with the developer and that a draft annexation agreement will be on the Economic Development Committee agenda in the next month or two. Alderman Besco noted that the representative from Rob Roy Falls came before the Council and made an offer to help with the financing of the traffic signal. He hoped the developer keeps this in mind during the negotiations with staff. He felt that if they back out of their promises, it is a bad way to do business. Yorkville Community Band Mayor Burd distributed a DVD from the Yorkville Community Band and reported that they now have non - for -profit status. They would like to use the Beecher Center and the executive director at Beecher would like to allow them to do this. She commented that when someone asks her to put something on the agenda that it does not necessarily mean she is promoting them. She felt people have the right to make requests of their elected officials and it is up to the City Council to determine what to do with the request. She stated that this does not mean that she has determined that she wants the City Council to do something. She stated that nothing has changed with the bands operation; they still charge for performances. Alderman Spears asked if the group was going to reimburse the city since they were a profit organization at the time they used the Beecher Center. She felt they still owed the city money and she did not have a problem with them using Beecher once they reimburse the city or provide free concerts. Mayor Burd stated that they already offered free concerts to help raise funds for the Senior Services. Alderman Spears asked for specific dates from the band and she questioned why they charged the city for their performance at the Holiday Under the Stars event. Mayor Burd did not agree that they owed the city money. She stated that just because they did not have the non - for -profit paperwork done, it didn't mean they were making a profit. She stated that they are not a business and were actually losing money. Alderman Spears pointed out they were still a profit business at the time they used Beecher and whether their business was successful or not is irrelevant. She reminded the Council that the city had to use other facility for the landfill hearings because the band was practicing at the Beecher Center. Executive Session Administrator McLaughlin requested an executive session for the purpose of discussing property acquisition. Alderman Spears question if the Council could do this with out it being posted on the agenda. Attorney Gagliano stated that if someone makes the motion and it is seconded and approved the Council can go into executive session without it being posted on the agenda. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of discussing the purchase or lease of real property for the use of the public body. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -5 Nays -1 Spears -nay, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Plocher -aye The City Council adjourned into executive session at 7:45 p.m. The City Council returned to regular session at 8:04 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Munns. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:05 P.M. Minutes submitted by: o ? n r Jac n Mi schewski, City Clerk eea City of Yorkville, Illinois