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City Council Minutes 2008 08-26-08 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL i OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY. AUGUST 26.2008. i Mayor Burd called the meeting to order at 7:10 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 Absent 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, Police Lieutenants Schwartzkopf & Hart, 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 Alderman Plocher asked that the following items be removed from the consent agenda and placed on the regular agenda: • Item #18 - Ordinance Amending Code of Ordinances Prohibiting the Use of Groundwater - placed under the Public Works Committee Report. • Item #22 - Ordinance Approving a Fine Schedule for the Pre - Payment of Certain Citations Pending Under A dministra tive Adjudication - placed on the regular agenda under the Public Safety Committee report. Alderman Spears asked that the following items be removed from the consent agenda and placed on the regular agenda under the Economic Development Committee Report: • Item #1 — Ordinance Approving an Agreement for Purchase and Sale of Real Estate (Betzwiser Property) • Item 92 - Cobblestone Commons - Ordinance Approving the Development Agreement between the United City of Yorkville and Main Street Commercial Partners, L.L.C. Property "Cobblestone" and the Ordinance Approving the United City of Yorkville and Main Street Commercial Partners Development/Economic Incentive Agreement • Item #3 - City Council Goal Action Plan — Open Space Acquisition She also asked that the following items be removed from the consent agenda and placed under the Public Works Committee Report: • Item # 7 — Ordinance Amending the Governing Ordinance of the Mayor and City Council regarding Protocol for Cancelling a Special City Council Meeting • Item 417 — Fox Road Improvements — LAPP Engineering Agreement and NET Appropriation Resolution Mayor Burd asked the City Council if they approved the amendments and they did so unanimously. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., September 16, 2008 City Hall Conference Room Economic Development Committee 7 :00 P.M., September 2, 2008 City Hall Conference Room i The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — nage 2 Administration Committee 6:00 p.m., September 11, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., September 18, 2008 City Hall Conference Room PRESENTATIONS Wolf & Company Audit Presentation Representatives from the City's auditors, Wolf & Company reported to the City Council that the audit is in better shape this year and is moving along well. There should be no problem filing the report in a timely manner as the audit is ahead of schedule. A few things the auditors suggested were revisiting some policies and procedures, making sure procedures are followed in the bidding process and refraining from using personal information on documentation when opening accounts. Nothing major was discovered during the audit. They also mentioned the SAS 112 report which questioned some areas but to which the city can respond. Alderman Spears asked if the auditors were presenting earlier than usual and they said they were. This report is an update; they will be back in a few months with a full report. Alderman Spears questioned their concern with the bidding process and the auditors explained that an issue came up when the city was selling vehicles through closed bids. They recommended that the bidding policy be very clear when it comes to allowing employees to bid and that the policy should be sent out so everyone is aware of it. Administrator McLaughlin added that there was an incident last fall when an employee was unsure if they could bid on something. Alderman Spears questioned the auditor's concern with opening accounts. The auditors explained that accounts should only be opened in the City's name and that no personal information should be given. Treasurer Powell further explained that a CD the city opened required that his name be placed on it. Also, one of the City's credit cards had his social security number on it. Both matters had to be straightened out. Mayor Burd stated that the auditors also discussed a bad debt policy and why it is good to have in place. The auditors explained that when receivables are uncollectable they are written off as bad debt. If they are recovered they are taken in as income. The auditors recommended that bad debt should be kept in a subsidiary ledger while the city tries to collect it. If after twelve months it proves uncollectable, then it is written off and put into a bad debt account. There were no further questions PUBLIC BEARIN None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Monthly Treasurer's Report for June 2008 (ADM 2008 -75) 2. Bad Debt Update (ADM 2008 -76) 3. Water Department Report for May 2008 (PW 2008 -101) 4. Water Department Report for June 2008 (PW 2008 -102) 5. Grande Reserve Shared -Use Path — Change Order #1— authorize decrease in an amount not to exceed $12,700.95 and authorize Mayor to execute (PW 2008 -103) 6. Goodwill Store (481 E. Countryside Parkway) — Acceptance of Public Improvements and Letter of Credit Reduction # 1— accept public improvements for watermain, sanitary sewer and storm sewer for ownership and maintenance, as described in the bill o sale and authorize a reduction in US Bank Letter of Credit No. SLWCMIL02396 in an amount not to exceed $499,778. 00, subject to verification that the developer has no outstanding debts owed to city (PW 2008 -104) 7. Resolution 2008 -35 - 2008 Crack Filling — Change Order #1 and Supplemental NTT Appropriation Resolution — authorize increase in an amount not to exceed $1,084.25 and to authorize Mayor to execute and approve supplemental MFT appropriation resolution in an amount not to exceed $373.60 and authorize City Clerk to execute (PW 2008 -105) 8. McHugh Roadway Improvements — Change Order #I — approve increase in an amount not to exceed $2,040.30 and authorize Mayor to execute (PW 2008 -106) 9. Raging Waves — Streetlighting Letter of Credit Reduction #1— authorize reduction in an amount not to exceed $66,025. 00, subject to verification that the developer has no outstanding debts owed to city (PW 2008 -107) II I The Minutes of the ReLyular Meeting of the Citv Council — Auaust 26, 2008 — naLye 3 10. Bristol Bay Phases 2 & 3 (Units 9 -13) — Earthwork Bond Reduction #1— authorize reduction in an amount not to exceed $429,73680, subject to verification that the developer has no outstanding debt owed the city (PW 2008 -108) 11. Mill Road Right Of Way Plat of Dedication (Cross Evangelical Lutheran Church Frontage) - authorize Mayor and City Clerk to execute (PW 2008 -109) 12. City Council Goal Action Plan — Biodiesel, E85 and Hybrid Vehicles — approve plan as presented (PW 2008 -114) 13. Police Reports for July 2008 (PS 2008 -30) 14. Ordinance 2008 -74 - Amending City Code regarding Penalty References — authorize Mayor and City Clerk to execute (PS 2008 -32) 15. Request to hire Part-Time Civilian Evidence Custodian — approve as presented (PS 2008 -35) 16. Ordinance 2008 -75 - Approving the Sale of City Owned Personal Property (1996 Chevrolet Caprice) — authorize Mayor and City Clerk to execute (PS 2008 -36) 17. Request to Purchase Vehicle — Replacement Squad for M -19 — approve purchase of Chevrolet Impala as presented (PS 2008 -37) 18. Park Naming Requests (CC2008 -61) a. Autumn Creek Park — approve the name Green's Filling Station Park b. Whispering Meadows Park — approve the name Bristol Station Park Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Allen -aye, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Ordinance 2008 -76 Approving a Variance in Fence Height for Richard Marker Associates, Inc. - 728 E. Veteran's Parkway (ZBA 2008 -02) Director Miller explained that the allowable height for a fence in this situation is 6'. The developer is asking for a variance in order to install an 8' fence along the east boundary of the property. The Zoning Board of Appeals unanimously voted against the variance as there is no hardship demonstrated by the use of a 6' fence. A motion was made by Alderman Werderich to approve an ordinance approving a variance in fence height for Richard Marker Associates, Inc. and authorize the Mayor and City Clerk to execute; seconded by Alderman Allen. Attorney Ingemunson, representing the developer, explained that the fence height could have been handled in the Planned Unit Development Agreement. If the motion fails, the developer will come back with an amendment to the PUD. He explained that the fence backs up to a car lot and the increased height is for esthetic purposes. His client is also willing to install a two -sided fence. He asked the City Council to approve the variance. Alderman Allen asked if the provision for a two -sided fence was included in the variance request and Attorney Ingemunson indicated that it was not. Alderman Allen suggested that the ordinance be amended to include the two -sided fence. It was the consensus of the City Council that this should be added. A motion was made by Alderman Allen to amend the ordinance presented to allow the petitioner to add a two -sided fence; seconded by Alderman Plocher. Motion to amend approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Alderman Besco expressed his concern with the site line. Attorney Ingemunson indicated that the petitioner would be fine with anything the city suggests. Director Miller explained that this was discussed by the Plan Council and the fence is outside the right of way and shouldn't affect the site line. Also helping the site line is the curve in Route 34. Alderman Besco asked if the fence would be affected by the widening of Route 34 and City Engineer Wywrot indicated that IDOT is currently doing the stage I engineering so any problems could be worked out. Motion approved by a roll call vote. Ayes -6 Nays -2 Spears -nay, Plocher -aye, Werderich -nay, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Burd -aye The Minutes of the Reeular Meetine of the Citv Council — August 26, 2008 —Wage 4 Ordinance 2008 -77 Approving a Variance in Fence Height for RWE Management Company -102 Garden Street (Yorkville Animal Hospital) (ZBA 2008 -03) A motion was made by Alderman Besco to approve an ordinance approving a variance in fence height for RWE Management Company and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Director Miller reported that the ZBA reviewed the variance which is similar to the previous request. They recommended the variance which will allow for an 8' fence around a kennel. The taller is fence is for the protection of the animals. Director Miller indicated that Robert Edwards of RWE Management was presented to answer any questions. Alderman Besco asked if the fence would have any sound deadening qualities and if the property would be subject to the noise ordinance. Mr. Edwards explained that they were not asked to address sound deadening as the fence was for the safety of the animals using the outdoor exercise area. Alderman Besco asked if any homes were close by and Alderman Werderich explained that the closest house was about one block away. Mr. Edwards did not feel there would be a sound issue. He commented that the facility is state of the art and they plan to be a good neighbor. Alderman Spears added that some neighbors of the animal hospital attended the ZBA meeting and none expressed concerns. She indicated she supported the request. Alderman Werderich asked if a picket fence was being installed and Mr. Edwards explained that it will be an aluminum fence with vertical pickets. There will also be a board under the fence to prevent animals from digging under it. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Besco -aye, Sutcliff -aye, Munns -aye, Spears -aye, Allen -aye, Burd -aye MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of July 22, 2008 and August 12, 2008; seconded by Alderman Besco. Motion approved by a viva voce vote. 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 21, 2008 totaling the following amounts: checks in the amount of $1,588,338.06 (vendors); $278,550.84 (payroll period ending 8/16/08); for a total of $1,866,888.90; seconded by Alderman Besco. Alderman Spears questioned the following: • Page 11 - Gardiner, Koch & Weisberg, Admin -Corn Holdings Legal in the amount of $238.34. She asked if the city received the funds to cover this expense and Administrator McLaughlin explained that the funds did not come from a developer; this was a mowing dispute and the legal fee was incurred by trying to resolve the matter. • Page 11 — Gardiner, Koch and Weisberg, Admin -Ocean Atlantic in the amount of $493.34. She asked how much has been spent on this matter so far. Administrator McLaughlin stated he would get this information to the City Council. • Page 18 — Lennar Communities, Sewer Improvements in the amount of $550,735.48. Administrator McLaughlin explained that Lennar built the sanitary sewer (ComEd Interceptor) as part of the Annexation Agreement. The City is paying them back from the fees collected ($108.00/house built in the subdivision) and held in the sanitary sewer fund. The city will continue to rebate the cost until the development is finished so the City Council will see small amounts paid to Lennar through the coming years. • Page 36 — Yorkville Park & Recreation, Admin — Repayment for used money orders for background check in the amount of $157.00. Director Mika stated she couldn't determine what this was for from the description. She stated that money orders are used for background checks and that she would research the matter and get back to the City Council. Alderman Werderich asked Director Dhuse for an itemized billing for the Sunflower Estates SSA. Director Dhuse stated that the cost for weeding flower beds and around the signs is $40.00/hour. Alderman Werderich noted that the designated areas do not appear to be weeded. Director Dhuse stated that the weeding is not scheduled maintenance but done as needed. He stated that he went out and check and the areas were weeded and sprayed. Alderman Werderich disagreed with the quality of the work done. The Minutes of the Reeular Meetine of the Citv Council — August 26, 2008 — uaee 5 Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Gohnski -aye REPORTS MAYOR'S REPORT No report. CITY COUNCIL REPORT Water Billing Outstanding Accounts and Water Shut -Off Policy (CC 2008 -62) Alderman Besco reported that he asked that this item be placed on the agenda in order to get input from the entire City Council to take back to the Administration Committee. It was called to his attention that there is a large amount of money outstanding. He stated that he wanted the discussion to establish clarity with what should be done and to spell out what the city can do to help those struggling. He asked if people who are having trouble paying their water bill were referred for assistance. Director Mika explained that individuals with outstanding balances are sent late notices. If they call the city, they are referred to Health and Human Services, Veteran's Services, etc. The city also is willing to work with people in a payment program for outstanding balances. These residents are asked to sign a payment agreement. Alderman Werderich asked what the letter of the law was in these circumstances. Administrator McLaughlin stated he had not looked over the applicable ordinance. Alderman Werderich felt that a policy needed to be in place. Administrator McLaughlin stated that the city does require deposits however this hasn't been enforced. Alderman Werderich asked how much is owed the city. Director Mika estimated this at $50,000.00 which is 2 -3% of water fees. Mayor Burd noted that how delinquent water bills are handled could open the city to favoritism complaints. Alderman Sutcliff commented that residents receive a substantial bill every two months. She asked if the city could bill every month. Mayor Burd stated that monthly billing causes a greater expense to the city. Director Mika explained that going to a monthly billing cycle would require hiring another employee. She agreed from a residents perspective monthly billing was a good idea. She stated that when people pay late, they are not offered assistance. Mayor Burd suggested that residents be given financial assistance information when they call and can't pay. She also suggested that assistance information be available on the counter at city hall. Director Mika also stated that the water bills could be stuffed with assistance and/or payment information. Alderman Besco commented that when a resident's water is shut of� a crew is sent out twice; once to turn off and then again to turn the water on. He suggested that payment be worked out to avoid this. Alderman Werderich suggested that this matter be referred back to the Administration Committee for further discussion and brought to the Human Resource Commission so they can look into types of relief available. Mayor Burd asked Alderman Spears to discuss the matter with the HRC. She indicated she would and noted that in the past the Administration Committee reviewed a cost analysis of monthly billing and found that it was very costly. ATTORNEY'S REPORT Attorney Orr reported on the following o She reviewed past closed session minutes and has put those she recommends be opened in the Clerk's office. She asked the City Council to review them and unless there is an objection, there will be a resolution releasing them. o She asked that a Special City Council meeting be called prior to the next City Council meeting for a report on pending and probable litigation. o She recommended that the vote on the ordinance approving an agreement for purchase and sale of real estate for the Betzwiser Property be 2/3's vote with the mayor also voting. o There would be no Executive Session tonight. Alderman Spears questioned the Executive Session at the last City Council meeting where the Council included discussion of an item not listed on the agenda. Attorney Orr noted that the appropriate motion was made and that it was acceptable to do this because it was done at a regularly scheduled meeting. Administrator McLaughlin noted that the litigation item came up after the agenda was posted. The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — Daze 6 CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika reported that the utility bill drop off box is rusting and that a new one was coming compliments of the company. Mayor Burd asked if staff had investigated a glass case for posting agendas outside the building. Administrator McLaughlin stated he was getting a price and trying to determine a location. Currently agendas are being taped to the windows. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the water tower painting was on schedule. The tower has been drained, repairs have been made and sandblasting will begin next. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on the following: • Hometown Days will be this coming weekend. Tents and the carnival are being set up. He anticipated a great festival. • The United Way sponsored a Cardboard Boat race in Phillips Park, Aurora. He noted that Mayor Burd, Alderman Werderich, Mrs. Spies and Mr. Sleezer participated with the city boat. He noted it was quite a spectacle with the city taking second place. The trophy was on display in the chamber. Mayor Burd noted that the city plans to repeat the event next year and she has challenged the cities of Oswego and Plano to participate. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • The Golden Spike event was held with some people on bikes in attendance. Mayor Burd noted that Ben Niles was present and he was taking names of those interested in starting a bike club in Yorkville. • Mrs. Spies thanked Meadowvale for donating ice cream for the Rolling on the River event. COMMUNITY & LIAISON REPORT Human Resource Commission Alderman Spears reported that she attended the August 20, 2008 Human Resource Commission meeting where new member Joan Knutson and city liaison Bart Olson were introduced. Participating in the city's website was discussed and the group asked that Mrs. Spies attend their next meeting for further discussion of this subject. Northeastern Illinois Agency on Aging Alderman Spears reported that she attended the Northeastern Illinois Agency on Aging Executive Board meeting where the state and federal budgets were discussed. Other items discussed at the meeting were the Physician Payment Act, how meal programs are negatively impacted by high gas prices, the Illinois Financial Report and the Senior Living Fair scheduled for September 3 & 4, 2008. Green Park Alderman Plocher reported he spoke with members of the Green family who expressed their thanks for having the Autumn Ridge Park named for them. Library Board Alderman Allen reported that he attended the Library Board were the number of patrons and circulation numbers were discussed. School Board Alderman Sutcliff reported that she attended the School Board meeting where the opening day of school, September 3, 2008 was discussed. Also discussed was the Freshman Academy, new Middle School and going paperless. Breakfast with the Chief Mayor Burd reported that Chief Martin would be hosting Breakfast with the Chief this Sunday, at Hometown Days, at 9:00. It was originally planned to be Breakfast with The Mayor however she has The Minutes of the ReLyular Meetine of the Citv Council — August 26, 2008 — naee 7 been called out of town on a family emergency. Trinity United Methodist will be providing breakfast for the event. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2008 -34 Fox Road Improvements LAPP Engineering Agreement and MFT Appropriation Resolution (PW 2008 -110) A motion was made by Alderman Besco to approve the Fox Road Improvements - LAPP Engineering Agreement and MFT Appropriation Resolution as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Allen. Alderman Spears asked if the city wanted to proceed with this project considering the current litigation against the city. City Engineer Wywrot explained that this is the road project from Route 47 to Poplar and current residents will benefit from the improvements. Alderman Plocher asked if the project would affect the litigation and Attorney Orr stated it would not. Alderman Spears noted that this project would be receiving federal funding for 75% of the cost however she questioned where the additional 25% would come from. Mr. Wywrot explained that there are MFT funds available in the General Fund. Alderman Spears noted that MFT funds may decrease due to people driving less because of high gas prices. She stated she was not in favor of the project. Alderman Allen asked for further explanation of the project. Mr. Wywrot explained that this project was proposed several years ago. Originally the city was to fund 100% of the project. Sewers, etc. were incorporated in the original project however development projects in the area are not preceding. The original plan now needs to be modified in order for the project to proceed. The engineering agreement is to modify the plans in order to get the federal funds. Alderman Werderich noted that he has been approached by several people regarding the bad condition of Fox Road. He understood Alderman Spears' concerns however the benefits go beyond those to the litigation group. Alderman Munns noted that 75% of the $500,000.00 cost was being funded and he clarified that the re mainin g funds could come out of MFT. He commented that this cost could go up in the future. Mayor Burd agreed that the project could cost the city the entire amount if delayed. Mr. Wywrot noted that even if funds were to be budgeted next year, approval was needed now for the project to proceed. Alderman Besco clarified that the funds for this project not being covered by the federal fluids were not currently in the budget. Mr. Wywrot indicated that this was correct. Administrator McLaughlin noted that funds from the General Fund were transferred for the McHugh and Palmer Court projects. $100,000.00 /year for capital projects comes out of the General Fund. Alderman Spears asked how much is in the General Fund and Administrator McLaughlin stated that 18% is currently in the fund. Alderman Spears commented that this is the lowest percentage in the fund so far. She stated that she understood the need for the project but funds are not available for it. She felt the city is spending money it does not have. There was further discussion regarding the project and the lack of funds in the budget. A motion was made by Alderman Spears to table the matter for two weeks if all the funding questions are answered; seconded by Alderman Munns. Motion defeated by a roll call vote. Ayes -3 Nays -4 Besco -nay, Allen -nay, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -nay, Werderich -aye Alderman Besco noted that this was time sensitive. Mr. Wywrot explained that they are trying to make the April bidding by IDOT for the road to be worked on next year. He recommended that the process begin now. i The Minutes of the Regular Meeting of the Citv Council — August 26. 2008 — Daze 8 Mayor Burd asked for the itenerary for approval. Mr. Wywrot explained that plans have already been submitted however the city is not obligated. The funding has to be approved by a sub - committee with final approval coming in October. He felt it was likely that the project will be approved. Alderman Munns asked if approval was guaranteed. Mr. Wywrot stated approval was not guaranteed but was very likely. He noted that this project was in competition with eleven other projects. Alderman Munns felt it was gambling with $11,000.00. Mr. Wywrot explained that the state is encouraging the federal funds be spent because if they are not, the federal government may take them away. Aldermen Besco and Allen agreed that Fox Road was in bad shape and that since funds have already been spent on some engineering the project should precede. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1 Besco - present, Allen -aye, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye Ordinance 2008 -78 Amending Code of Ordinances Prohibiting the Use of Groundwater (PW 2008 -112) A motion was made by Alderman Besco to approve an ordinance amending Code of Ordinances prohibiting the use of groundwater and authorize Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Plocher noted he pulled this off the consent agenda because he did not support the ordinance. Motion approved by a roll call vote. Ayes -5 Nays -2 Allen -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -nay, Werderich -aye, Besco -aye Ordinance 2008 -79 Approving an Agreement for Purchase and Sale of Real Estate ( Betzwiser Property) (CC 2008 -60) A motion was made by Alderman Besco to approve an ordinance approving an agreement for purchase and sale of real estate, Betzwiser Property, and authorize Mayor and City Clerk to execute; seconded by Alderman Allen. Alderman Spears noted that she had a problem with spending $11,000.00 for a badly needed road so she definitely had a problem with spending $1,250,000.00. She stated that she had many questions with the document such as with the prepayment in five years. She indicated that it was discussed in executive session that there would not be a penalty however now there is one in the agreement. Attorney Orr explained that the penalty only applies if prepaid in the first five years. Alderman Spears also noted that exhibit B was not attached. Attorney Orr explained that exhibit B is the note. Alderman Spears noted several reasons to reconsider the purchase at this time; other projects are needed, the abating of bonds was due in the fall, there is budget short-fall, employees are being asked to voluntarily cut their hours, there is an increase in bad debt owed the city, etc. She felt that while the facility is needed, the city was counting on funds that aren't assured. Alderman Spears questioned a few other sections of the agreement and Attorney Orr supplied answers to her concerns. Director Dhuse explained that funds from permits have been saved and can only be used for capital improvements. There is $ 500,000.00 in the capital fund that can be used for the down payment if needed. Funds from the current fiscal year are not included in this balance. He felt there was no immediate need to purchase any additional equipment with the funds and that they would be better used to purchase a facility to house the existing equipment. Alderman Munns questioned if the pond on the property could be filled in order to obtain more useable property and if so how much would it cost. Administrator McLaughlin stated that no analysis was done on this possibility. Alderman Spears asked if the pond had a purpose and Mr. Wywrot explained that the pond is for storm water. It can be filled in but it would not be cost effective. Director Dhuse explained that there are two parcels and the detention can be reconfigured to gain more useable land. The detention volume needs to be recalculated. Mayor Burd stated that the location was perfect; centrally located in an industrial park. Also the property is a good price and the owner is financing. She felt that if the vote were delayed the offer for the property would be dead. Attorney Orr concurred stating that the owner wants the City Council to take action since they have been in discussion with the city for months. There has been much time and funds expended and the terms of the agreement have been improved since the last discussion. The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — nage 9 Alderman Besco asked if Public Works capital was dependant on developer fees. Director Dhuse stated that it was; developer fees from 100 permits per year were needed. Director Miller added that just over 100 permits have been issued this calendar year. Alderman Besco stated that while he knows Public Works needs the facility he also knows the city's financial situation. He noted that recently the city has acquired properties that were not as necessary such as Club 47 and riverfront property. A motion was made by Alderman Allen to send the matter back to the Public Works Committee. Motion failed due to the lack of a second. Mayor Burd noted that the Police Department has gotten many things over the years and there should be a commitment to the Public Works Department. She felt that the city should commit to getting them a facility and cut back other programs. Alderman Spears commented that the Police Department recently cut their budget by $500,000.00 to help the City's overall budget. Other departments did not step up with cuts. She did not want a building in place and then have to lay -off employees to pay for it. She did not feel the city could afford the building at this time and shouldn't count on 100 permits. Alderman Besco noted that the building will be shared between Public Works Department and the Park Department. He asked if the Park and Recreation Department was contributing funds to the purchase. Director Mogle stated that the department wants to play a part in the facility however funds have not been determined. Administrator McLaughlin stated that the Land Cash Fund was in the negative. Costs can be allocated in the future however it would be a policy decision to spread out the cost. Alderman Besco stated he could support the purchase more if he knew that funds would be coming from the different departments since it is a shared use building. Alderman Allen asked if developer fees went toward parks and Administrator McLaughlin explained that developers pay a Land Cash fee. Mayor Burd asked the status of the funds due from Ocean- Atlantic. Administrator McLaughlin stated that the developer has been served with a law suit. A judgment will be recorded against the property and the city will be paid when the property closes. He hoped the city would have the funds by the end of the fiscal year. Alderman Spears stated that the City Council has heard this before and she did not trust that the funds would be received. Motion approved by a roll call vote. Ayes -7 Nays -1 Sutcliff- -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye, Besco -aye, Allen -aye, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2008 -36 Approving a Memorandum of Understanding between Rush - Copley, Kendall County and the United City of Yorkville (EDC 2008 -36a) A motion was made by Alderman Allen to approve a resolution approving a Memorandum of Understanding between Rush - Copley, Kendall County and the United City of Yorkville, as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Resolution 2008 -37 Approving Maintenance and Public Easement Agreement for Rush - Copley Lot 3 (EDC 2008 -36b) A motion was made by Alderman Allen to approve a resolution approving a Maintenance and Public Easement Agreement for Rush - Copley Lot 3, as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye Cobblestone Commons (EDC 2008 -33) Ordinance 2008 -80 Approving the Development Agreement Between the United City of Yorkville and Main Street Commercial Partners, L.L.C. Property "Cobblestone" The Minutes of the Regular Meeting of the Citv Council — August 26. 2008 — nage 10 Ordinance 2008 -81 Approving the United City of Yorkville and Main Street Commercial Partners Development/Economic Incentive Agreement A motion was made by Alderman Allen to approve ordinances approving the Development Agreement between the United City of Yorkville and Main Street Commercial Partners, L.L.C. Property "Cobblestone" and approving the United City of Yorkville and Main Street Commercial Partners Development/Economic Incentive Agreement and authorize Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Spears expressed the following concerns with the agreement: • Who would be responsible for the funding of the watermain under Route 34 if developments don't materialize? Director Miller stated that it was the city's desire to have the watermain connect and whoever develops first will place the line under the road. There will be a recapture agreement for the financial outlay. The first developer takes the risk but if the developers agree, each will pay a percentage. Alderman Spears asked what the city gets. Director Miller explained that the agreement allow the property to be devolped commercially thus helping the tax base. Mayor Burd added that the developer already has a user identified for the property. • Item G — the city agrees to issue bonds. Attorney Orr stated that this refers to SSA bonds which the city is not liable for and which do not affect the city's bond rating. • Item D of the agreement regarding eminent domain. Alderman Spears asked that this be removed. Attorney Orr explained that the provision is needed under the business plan if the Business District Act is adopted. The provision empowers the city but there is no commitment to utilize the eminent domain clause. • There is a typographical error in Item #12 concerning the retail service occupation tax. Attorney Orr indicated she would correct this. • Item 41 — Section B regarding reimbursable improvements. Attorney Orr explained that the SSA levies and collects tax for improvements. This gives the opportunity to pay interest until the tax rolls in. Alderman Werderich asked about the incentive package and Attorney Orr explained that this area needs more infrastructure than other projects in the area. He asked who the end user would be and Director Miller indicated currently no one has committed to the area however the area is good for apparel retailers, restaurants, a bank, etc. The area could provide a possible $35 million in revenue per year. Alderman Werderich questioned the large amount of dollars that Yorkville is giving away to entice businesses and he asked that the Economic Development Committee to address this. He noted that the city has many vacant stores already and that the city was subsidizing this at its expense. Mayor Burd commented that she supported the economic incentive package though it has been discussed for a long time. She indicated that a large drainage area for stormwater is needed for this site and someone is willing to develop it. Alderman Spears commented that she hoped the developer delivers because the city exceeds what other communities give as incentives. She felt Yorkville was giving away too much for this development. Alderman Mums noted that eventually something is needed at this location especially with Waubonsee Community College coming to the area. People traveling to the college will take advantage of Yorkville's retail. He supported the project. Alderman Allen stated he spoke with other business owners in Yorkville who were concerned with the incentive. He felt he could not support the project. Motion approved by a roll call vote. Ayes -4 Nays -3 Present -1 Spears -nay, Plocher -aye, Werderich -nay, Besco - present, Allen -nay, Sutcliff -aye, Munns -aye, Burd -aye City Council Goal Action Plan — Open Space Acquisition (EDC 2008 -37) A motion was made by Alderman Allen to approve the City Council Goal Action Plan for Open Space Acquisition as presented; seconded by Alderman Munns. Assistant City Administrator Olson explained that this is the draft plan for open space acquisition and it is the widest scope of an action plan the City Council has ever had. A formal plan is still several years away before coming to the City Council. Alderman Spears asked that this be placed on the back burner for six months even if it just a draft plan. She noted that grants for open space are limited at this time. Mr. Olson stated that it was the intent to identify grants that regularly come up and adopting the action plan is not committing to anything. The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — nage 11 Alderman Spears stated that she did not feel staff should be allocating their time to this when the city does not have funds to pursue anything. Mayor Burd stated that this is just a plan; a way to collect information. She noted that the City Council has had goals in the past which never moved forward. This plan provides a map for the future. Aldermen Sutcliff and Plocher agreed. Mayor Burd noted that the plan keeps the staff working. Alderman Spears reminded the City Council that when they planned the goals, they were not aware of the budget deficit. She recommended extending the time frame for this. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1 Plocher -aye, Werderich -aye, Besco - present, Allen -aye, Sutcliff-aye, Munns -aye, Spears -nay PUBLIC SAFETY COMMITTEE REPORT Ordinance 2008 -82 Amending the Code of Ordinances Providing for Liquor Control Regarding Request for Package Liquor License at Route 34 and Cannonball Trail (PS 2008 -34) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances providing for liquor control, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Alderman Werderich commented the he spoke with residents that are concerned with the amount of places that sell liquor. Alderman Munns referred to the map of liquor establishments and there are several in the area. Alderman Spears noted that there is no place east of Route 34 serving liquor. Alderman Werderich asked the owner of establishment to address the City Council. The owner explained that most of the business's profit was made by sales inside the store with liquor being the top seller. He stated that his business would be at a disadvantage competing against other gas stations who sell alcohol. He stated that he has his staff follow strict rules regarding the sale of liquor which is kept behind the cashier. Alderman Besco stated that he did not know of a gas station that did not sell liquor and felt that a component of society expects liquor sales at these establishments. Alderman Spears noted that Chief Martin and the Public Safety Committee supported the license. Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -aye, Werderich -aye, Besco -aye, Allen -aye, Sutcliff-aye, Munns -aye, Spears -aye Ordinance 2008 -83 Approving a Fine Schedule for the Pre - Payment of Certain Citations Pending Under Administrative Adjudication (PS 2008 -33) A motion was made by Alderman Spears to approve an ordinance approving a fine schedule for the pre- payment of certain citations pending under Administrative Adjudication and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Plocher commented that he did not feel the city should profit from this rather the state should. He was not in favor of the ordinance and felt it could affect car shows. Alderman Munns agreed the ordinance could affect car shows. Alderman Spears stated that the purpose of the ordinance was not to make money but rather to help with enforcement. The pre - payment will also alleviate officers sitting in court and doing paperwork. The city can handle minor offenses. Alderman Werderich noted that the laws are already on the books; this is not creating any new laws. This gives the Police Department a fee structure. Mayor Burd noted that each member of the City Council took an oath to uphold the laws of the State of Illinois. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1 Werderich -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns- present, Spears -aye, Plocher -nay The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — page 12 ADMINISTRATION COMMITTEE REPORT Approving a Revised Salary Schedule for the Position of Senior Accountant (ADM 2008 -77) Mayor Burd entertained a motion to approve a resolution approving a Revised Salary Schedule for the Position of Senior Accountant and authorize Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Allen. Alderman Munns reported that this resolution came out of the Administration Committee where Director Mika came and explained that now that one employee has left she would like to replace that position with someone with more accounting experience. Alderman Spears noted that current staff has been asked to take voluntary furloughs in order to help the budget. She felt raising the range for a new hire was sending a bad message to staff. She suggested that the current salary range remain in place and it be reviewed in six months. Director Mika explained that she requested a title and salary range change reflect the new requirements. She stated her goal is to get the job description changed in order to hire the correct person and she did not have time for an entry level position. She asked that the title be changed and agreed that the salary range could be addressed later. Her goal was to make the job more attractive. Alderman Besco asked if the person who left -the position was atthe bottom of the salary schedule. Director Mika stated that she wasn't; her salary shifted with the salary survey and raises. Alderman Spears felt there would not be a problem attracting qualified people. A motion was made by Alderman Spears to table the resolution indefinitely; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes -6 Nays -1 Besco -aye, Allen -aye, Sutcliff- -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Amending the Governing Ordinance of the Mayor and City Council Regarding Protocol for Cancelling a Special City Council Meeting (ADM 2008 -67) Mayor Burd entertained a motion to approve an ordinance amending the Governing Ordinance of the Mayor and City Council regarding Protocol for Cancelling a Special City Council Meeting and authorize Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Plocher. Alderman Spears questioned page 9, item `B" which states three aldermen can call a special meeting but it only takes one to cancel it. Attorney Orr explained that the wording is required because law requires three aldermen to call a meeting. She stated that this has been submitted to Representatives Cross and Lindner who believe protocol is needed. The intent of the wording is to give more rights. Alderman Besco stated he understood Attorney Orr's reasoning however he felt the wording was vague. He made a motion to send the ordinance back to committee for further review; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Besco -aye, Allen -aye ADDITIONAL BUSINESS Gas Prices Alderman Munns noted that gas prices in Yorkville are 4% higher than surrounding communities. He suggested that people stop buying their gas in Yorkville. F.E.Wheaton Sales Tax Alderman Spears inquired about the status of the intersection improvements being funded by the F.E. Wheaton sales tax rebate. City Engineer Wywrot explained that a new gas main is being installed first and the intersection improvement is scheduled for the fall. Alderman Spears asked if the City Council could get a neW spread sheet showing what developers minimum balances are. Grant Applications Alderman Spears also asked for information from the grant writer regarding which grants have been applied for and what has been awarded. Director Mogle stated he would work on this. Motorcycle for Sale Alderman Besco noted that there has been a motorcycle for sale sitting along Town Square Park. He asked if staff could look into this as there is no parking in the area. The Minutes of the Regular Meeting of the Citv Council — August 26, 2008 — Daze 13 Mayor Burd Out of Town Mayor Burd reported that she will be out of town for three weeks due to a family emergency. She noted that Alderman Werderich would be mayor pro temp in her absence. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Allen; seconded by Alderman Werderich. Motion unanim ously approved by a viva voce vote. Meeting adjourned at 10:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i i i I CITY COUNCIL MEETING AUGUST 26, 2008 PLEASE PRINT NAME. ADDRESS: CTU P� l�) S 1 S V� . �S S-r W ��ov�►'lQas, A SIGNIN