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City Council Minutes 2008 08-12-08 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, AUGUST 12, 2008. Mayor Burd called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. 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 None. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., August 19, 2008 City Hall Conference Room Economic Development Committee 7 :00 P.M., September 2, 2008 City Hall Conference Room Administration Committee 6:00 p.m., August 14, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., August 21, 2008 City Hall Conference Room PRESENTATIONS Yorkville Reds 14U Baseball Team — BPA World Series Champions Mayor Burd presented members of the Yorkville Reds 14U Baseball team with Certificates of Appreciation for their recent BPA World Series Championship win. Members of the team presented the Mayor with a photo of the winning team. PUBLIC HEARINGS None. i CITIZEN COMMENTS Catherine Kanthack, 1402 Chestnut, expressed her concern with safety in the area of the park at John and Sycamore Streets. She noted that parked cars block traffic and people drive too fast in the area. She asked if caution or children playing signs could be installed. Alderman Munns added that now John Street connects to the Rush - Copley campus and he felt a yield sign may be warranted in the area. Chief Martin explained that a traffic study needs to be done in order to determine signage in the area. Director Dhuse indicated he would check into signage around the park. 1 The Minutes of the Regular Meeting of the Citv Council — August 12. 2008 — Wage 2 I CONSENT AGENDA 1. Police Reports for May 2008 (PS 2008 -24) 2. Police Reports for June 2008 (PS 2008 -25) 3. Request to Hire Part-time Records Clerk — approve hiring of part-time Records Clerk, as presented (PS 2008 -26) 4. Ordinance 2008 -69 - Approving a fine schedule for the pre - payment of certain citations pending under Administrative Adjudication — authorize Mayor and City Clerk to execute (PS 2008 -29) 5. Request to purchase lightning detectors — approve as presented (PS2008 -22) 6. Ordinance 2008 -70 - Approving an agreement regarding transfer of Developer's Rights (Raintree Village) — authorize Mayor and City Clerk to execute (EDC 2008 -34) 7. Ordinance 2008 -71 - Easement Agreement for Lincoln Prairie Temporary Stormwater Management System — authorize Mayor and City Clerk to execute (EDC 2008 -35) 8. Ordinance 2008-72 - Approving Autumn Creek Sanitary Sewer Interceptor Improvement Agreement and Autumn Creek Pulte home Corporation Grande Reserve, Water Main Recovery Agreement — authorize Mayor and City Clerk to execute (EDC 2008 -21) 9. Resolution 2008 -33 - Approving a revised Naming of Parks Policy — authorize Mayor and City Clerk to execute (CC 2008 -58) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Alderman Allen, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of July 8, 2008; seconded by Alderman Plocher. Motion approved by a viva voce vote. i BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated August 6, 2008 totaling the following amounts: checks in the amount of $3,460,430.74 (vendors); $281,316.25 (payroll period ending 7/19/08); $18,041.39 (payroll period ending 7/31/08); $283,276.25 (payroll period ending 8/2/08); for a total of $4,043,064.63; seconded by Alderman Werderich. i Alderman Spears questioned a bill on page 43 — Yorkville Area Chamber of Commerce — Community Relations /City Guide in the amount of $1000.00. She asked what this covered. Mayor Burd indicated that this is for advertising in the Chamber's guide. Alderman Spears asked if any portion of this went to the mayor's husband, Paul Burd. Mayor Burd indicated that the funds go directly to the Chamber so there is no conflict of interest. Motion approved by a roll call vote. Ayes -8 Nays -0 Mums -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Allen -aye I REPORTS MAYOR'S REPORT ComEd Easement Lease Agreement for Grande Reserve Park B (CC 2008 -59) Mayor Burd asked Director Mogle to update the City Council regarding this issue. Director Mogle explained that this park is in the Grande Reserve subdivision just north of the railroad tracks. It is an unusual shape that will lend itself to disc golf. The park is situated differently than the Fox Hill Park which has a disc golf course as the closest home is 300' away. The property adjacent to the park is ComEd's and they have been asked by the city if they would lease the property in order to use it as additional park space. The recreational lease proposed by ComEd is for ten years with a $1,500.00 onetime fee and the city will maintain the grass. ComEd will not allow anything over 14', kites, i i I I Minutes of the Regular Meeting of the Citv Council — August 12. 2008 — Da L33 motorized vehicles or the grade of the property to be changed. Indemnification and liability issues still need to be worked out however the Park Board recommends approval. Alderman Spears asked where the $ I,500.00 was coming from. Director Mogle explained that this is a developer build park so the developer will be asked to front the money. She asked if the discs could hit the power lines and Director Mogle explained that the lines are 40' above the ground and he also noted that ComEd allows this usage of the property. Alderman Spears questioned page 11 of the agreement regarding insurance and workmen's compensation. Director Mogle stated that the course will be constructed by contractors who will carry insurance. The property will only be maintained by Park employees. Alderman Spears also questioned page 18 of the agreement regarding signage. Director Mogle stated that the hole signs are allowable; ComEd does not want billboards on the property. Alderman Spears suggested clarifying the wording about the insurance and signage in the agreement. Mayor Burd entertained a motion to approve the lease agreement with ComEd as presented and authorize the Mayor to execute subject to clarification of signage and funding by developer. So moved by Alderman Allen; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -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 No report. FINANCE DIRECTOR'S REPORT Director Mika distributed a budget report to the City Council. Mayor Burd noted that Director Miller has received awards for her budget reports and congratulated her on a job well done. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the painting contractor will begin painting the water tower on Tower Lane j this week and should be done by September. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • The Police Department was presented with a new AED on Friday, August 8, 2008. • Sergeant Klingel has graduated from Northwestern University's Command School. The course cost $3,000.00 however due to receiving a grant; the Police Department only had to pay $1,000.00. Only two sergeants still need to attend school. • Basset training for liquor license holders was held on July 29, 2008 and nineteen license holders attended. • On July 31, 2008 a Neighborhood Watch Captains meetings was held. There were forty attendees who listened to a presentation by Lynn Dubajic from the YEDC regarding the city's retail development. • The next Citizen's Police Academy will begin this fall. The Police Department is seeking interested individuals and eight have already applied. • The 3r Annual Senior Police Academy will be held on October 29, 2008. This is a well received event with participation by Rush - Copley and the Kendall County Triad. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on the following: o There was a successful community park build at Cobb Park with fifty to sixty volunteer workers helping. The park has been received well in the community with the city receiving letters of thanks for it. i i The Minutes of the Regular Meeting of the Citv Council — August 12. 2008 — Wage 4 I • The unnamed Autumn Creek Park was dedicated with an open house, ribbon cutting and a movie in the park. The event went over well. • Flyers for the golden Spike Point bike trail dedication were on the City Council's desk. The event celebrating the joining of the Yorkville and Oswego bike paths will be held on August 24, 2008. Everyone was invited to attend the dedication. i COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • The "Rolling Down the River" event will be held on Saturday, August 16, 2008. • The "Float Your Boat" event will be held August 23, 2008 and the city is participating in the cardboard boat contest. • There will be a bike decoration contest being held at the Golden Spike event along with bike safety inspections, bike club representatives, etc. • Hometown Days volunteers are needed; a sign-up sheet is going around. COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting and the city will be receiving another rebate check for about $40,000.00 in a few weeks. He also stated that the sign indicating the date of the City Council meeting was tacky. National Night Out Alderman Munns attended the National night Out activities where members of the Citizens Police Academy Alumni recommended better publicity in the future in order to get a bigger turn -out. He asked that the Community Relations Officer work to get the work out. COMMITTEE REPORTS i I PUBLIC WORKS COMMITTEE REPORT Petition for Private Well within City Limits (PW 2008 -79) A motion was made by Alderman Besco to approve a petition for a private well within city limits; seconded by Alderman Spears. I Pete Weller with Engineering Enterprises, Inc. addressed the City Council and explained that in his experience communities typically do not allow wells of this nature. Water is being provided by a watermain which allows for a clean water supply as well as fire hydrant supply. He explained that wells of this nature can interfere with other wells especially in matters of well contamination. It is also not cost effective for an individual to have a private well for irrigation purposes. He also asked the City Council to consider issues of water conservation Alderman Allen asked if he knew if other states required private wells to be metered and Mr. Weller stated he was not aware of this. Alderman Besco noted that the Public Works Committee struggled with this request from a resident of Heartland Circle. He stated that there are a few private wells within city limits however there is no city policy to address this issue. I Alderman Sutcliff asked where the proposed well was in relation to the city's well. Mr. Weller explained that this would be a shallow well so it would not access the aquifer that the city uses. Alderman Sutcliff suggested conditions or restrictions could be placed on the homeowner and was concerned with future owners of the property. Director Dhuse commented that residents living on Tuma Road may use the same aquifer as this proposed well. Alderman Besco noted that Mr. Weller recently presented a water study to the City Council. He asked if this well would be in conflict with the study's findings. Mr. Weller explained that the study covered the western area of the city and Director Dhuse indicated that this well is not near the wells indicated in the study. i I Alderman Allen commented that he was uncomfortable with the fact that the city does not have restrictions on private wells. He did not support the approval of the petition. He suggested that the matter j The Minutes of the Regular Meeting of the City Council — August 12. 2008 — oase 5 i i be tabled. Attorney Orr stated that the matter could be tabled with the condition that the landowner files a covenant of restriction that will remain with the property. i Alderman Werderich agreed with Alderman Besco; a policy to address this should be developed. He stated he was against the petition. Alderman Plocher indicated he did not have a problem with allowing the well with restrictions. Mayor Burd thought allowing the well was a good idea until she investigated the matter further. Any withdraw of water depletes the replenishment of streams, creeks and rivers. The city is trying to encourage less irrigation of landscapes and approval of this is sending the wrong message. She indicated she was against the petition and supported a policy address this. She felt that the city should send a message that it does not encourage private wells within city limits. Alderman Spears indicated that she did not support a private well. A motion was made by Alderman Allen to table the approval of the petition and to send the matter back to j the Public Works Committee; seconded by Alderman Besco. Motion to table defeated by a roll call vote. Ayes -4 Nays -5 Munns-aye, Spears-aye, Plocher -a Werderich-nay, Y� a Y� Y� Y, Besco -nay, Sutcliff- -nay, Allen -aye, Burd -nay Alderman Munns clarified that the reason for the well was irrigation and Alderman Besco started it was. Alderman Plocher stated that if the resident wanted to spend the money to drill a well he should be allowed to without restrictions. He stated that with a 200' well on a resident's property the water will eventually end up back in the land. Alderman Sutcliff indicated that the resident was going to waste water regardless. She did not feel allowing the well would set a precedent because it is very costly to drill a well. Alderman Werderich noted that if the city allows one person to install a private well, a precedent is set. I Alderman Allen noted that he was approached by a member of the Green Committee who did not support the well and he stated he did not support it either. I Motion defeated by a roll call vote. Ayes -2 Nays -6 Besco -nay, Allen -nay, Sutcliff -aye, Mums -nay, Spears -nay, Plocher -aye, Werderich -nay, Gohnski -nay I ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008 -73 Approving the Redevelopment Agreement for the Countryside Center (EDC 2008 -24) A motion was made by Alderman Golinski to approve an ordinance approving the Redevelopment Agreement for the Countryside Center, as presented, and authorize the Mayor and City Clerk to execute j all documents; seconded by Alderman Munns. Alderman Werderich commented that he supported the agreement 100% but he noted that everyone will be looking at the project and he hoped it was done well. I Alderman Munns asked if the 50% tax rebate was forever and Alderman Golinski stated that the dollar amount is limited. Attorney Orr clarified that the amount is limited to $11 million. She explained that this was a better way to go instead of a flat rate method. I Alderman Spears noted that according to the first redevelopment agreement for this area, the city was responsible for 500,000.00 for demolition. Attorney Orr explained the TIF bond issue and the funds set aside to pay all debt service. She stated that there is no more increase in liability for the city and that the city's bond rating is not affected- Mayor Burd stated that she spoke with the developer who understands that they are being held to a high standard for developing the comer. i The Minute h R — Minutes •f the Regular Meeting of the City Council — August 12, 2��i nape 6 I Alderman Besco commented that he was in favor of the development; this is a vital comer and the development needs to be spectacular. Alderman Allen questioned the covenants and thirty days in which the developer has to submit the concept plan. Richard Dube, President of Tri Land Properties showed the City Council the concept plan. He explained that they have decided on retail use with a food component rather than a mixed use. He noted that smaller upscale retailers are interested in the development. Alderman Spears complemented the developer on their wonderful job working with the city. She asked if high end businesses don't come would the developer consider their first plan. Mr. Dube stated that a mix wouldn't work. Alderman Sutcliff commented that expectations are high. She questioned if there would be more vertical buildings with second stories. Mr. Dube explained that two story buildings are not in the budget as they would require underground parking. He stated that he buildings are designed to be taller but will not have a second story. i Alderman Golinski stated he supported the project. He stated that everyone worked on a solid pp p � ry agreement and this should set the standard for future developments. I Alderman Spears questioned the installation of the traffic signal. Attorney Orr stated that the city is responsible for $550,000.00 or a50% of the signalization. The funds will come out of the bond proceeds. i Motion approved by a roll call vote. Ayes -8 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS National Night Out and Recycling Fair Alderman Werderich reported that he attended the National Night Out and that the event was very well done. He also stated he and his family participated in the electronic recycling fair. He thanked the Police Department, Citizens Police Academy Alumni and everyone who helped with the events. Posting Agendas Alderman Spears questioned the memo regarding the posting of agendas. She suggested a display case outside city hall. A dministra tor McLaughlin stated he would investigate the cost. He noted that the agendas do not have to be posted on a window or outside as they are posted inside and on the city's website. Car Fire Alderman Munns inquired about the circumstances surrounding a car fire on John Street. Chief Martin stated that the Bristol- Kendall Fire District is investigating the matter. Sergeant Hart added that there were no obvious signs of arson. Director Dhuse indicated that he is getting an estimate to repair the damage to the grass. Signs for Yorkville Reds Alderman Munns asked the mayor to authorize the purchase of signs to indicate the Yorkville Reds championship win. Rolling of the River and Dutch Oven Cook -off Mayor Burd noted that in addition to the Rolling on the River event there would be a Dutch Oven Cook- off this weekend at the Harris Forest Preserve and that she would be judging the event at 3:30 p.m. Mrs. Spies noted that Meadowvale will be handing out ice cream at the river event. Countryside Redevelopment Plan Alderman Sutcliff asked Mrs. Spies if it would be possible to put the drawings of Countryside Center on the city's website for the public to view. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of: o For the purchase or lease of real property for the use of the public body o For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing i I i i The Minutes of the Regular Meeting of the Citv Council — August 12. 2008 — uage 7 i testimony on a complaint Iodged against an employee of the public body or against legal counsel for the public body to determine its validity. • Approval by the body of the minutes or semi - annual review of the minutes as mandated by Section 2.06. j • 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. (not noted on the agenda) i Mayor Burd noted that no action would be taken after the sessions and she asked that the City Administrator, Finance Director and City Attorney be included. So moved by Alderman Allen; seconded by Alderman Munn. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff- -aye, Werderich -aye, Besco -aye Golinski -aye, Allen -aye, Munns -aye, Plocher -aye The Council took a ten minute break and entered into executive session at 8:50 p.m. I The Council returned to regular session at 10:15 p.m. i, ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:16 P.M. Minutes submitted by: Y r Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i I i I I I I � I � I CITY COUNCIL MEETING AUGUST 12, 2008 PLEASE PRINT NAME: ADDRESS: fit) Kd'a►� GiJes qfi�v # vt c-� VI L4- , 4h 5 Zo R4 WAY &SC�itJ i , �c 6 - ,4 P- 0 4 e 1 K/ l 11 oV S. °ar'dff S1 Vo.- La. file d &oS&o kta-d U 1A f �-JboAdw_ fJ o j,4-\ 17. R A W k" �� o� � 5►r rjG+k►acwNPft(s,rc._ uoly5 7P,nrn, e TuYIOC 4 tk)oj'\ (1IlG 1 12-4t ak5kLn W no �kwral i � r ri� R � 5r tiA 41 Qb SIGNIN CITY COUNCIL MEETING AUGUST 12, 2008 PLEASE PRINT i NAME: ADDRESS: - rvle-r PuKec 3A o q I I y I- (o off T �s ��� 52 \VF(65:- eo 4e c a ac l4nz,), ch�es��u f iVV" i/eryarl;L - (3(a4CIM Kt� 'ms Csmft7vs L> , Aurcm , iL Go66 HAS SIGNIN