City Council Minutes 2012 05-08-12 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 08, 2012
Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Gilson Absent
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Munns Present
Funkhouser Present
Ward W Spears Present
Teeling Present
Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson,
Police Chief Hart, Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director
Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, and Director
of Park and Recreation Schraw
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Mayor Golinski requested that Plan Commission be moved to after Citizen Comments.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
None.
PUBLIC HEARINGS
Electric Aggregation Plan
There were no comments for the Electric Aggregation Plan Public Hearing.
CITIZEN COMMENTS
Mark A. Johnson, Georgeanna Street, requests that the City Council give direction to the City staff to do
there due diligence to perspective developers, preventing unnecessary City expense incurred in the
planning and engineering process that eventually costs the citizens money. He would like to especially
call attention to the Blackberry Woods Subdivision and the Midco Northgate Yorkville, LLC. In the case
of Midco Northgate Yorkville,LLC. located at Route 47 and Galena Road,there development was
approved September of 2009; however in July of 2009 this group was deemed involuntarily disillusioned
by the State of Illinois. The City should have conducted research to determine financial viability and may
have prevented unnecessary engineering expenses. Mr. Johnson presented facts regarding the partnership
stating Crain's business showed the partnership troubles in the Midco Northgate Yorkville, LLC. Two
months prior to the Council approving Midco Northgate Yorkville, LLC development. In regards to the
Blackberry Woods Subdivision he cited multiple bankruptcies, failures to sell properties, and the
unwillingness of the developers to make promised improvements gives more evidence that developers
need closer scrutiny. In closing he again asks the Council to establish a more thorough vetting process of
perspective developers to ensure the City is not exposed to unnecessary risks. He stated his comments are
not to discourage development but to make sure the City is dealing with entities with the financial
wherewithal to fulfill its commitments and be a suitable partner for the City.
PLAN COMMISSION
Ordinance 2012-10 Denying a Special Use Permit to Fill and Grade Property
Commonly Known as Evergreen Farm Estates
(PC 2012-02)
Mayor Golinski entertained a motion to approve an ordinance denying a special use permit to fill and
grade property commonly known as Evergreen Farm Estates and authorize the Mayor and City Clerk to
execute. So moved by Alderman Kot; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye, Munns-aye, Spears-aye, Colosimo-aye,
The Minutes of the Regular Meeting of the City Council—May 08,2012—Page 2 of 5
Funkhouser-aye, Milschewski-aye, Teeling-aye
CONSENT AGENDA
1. Bills for Payment - $299,826.74 (CC 2012-37)
Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by
Alderman Funkhouser; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-7 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye,
Munns-aye, Funkhouser-aye, Teeling-aye, Kot-aye
MINUTES FOR APPROVAL
1. Minutes of the City Council—March 27, 2012 (CC 2012-33)
2. Minutes of the City Council—April 10, 2012 (CC 2012-34)
Mayor Golinski entertained a motion to approve the minutes of the regular City Council for March 27,
2012 and April 10, 2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Spears.
Alderman Kot had one correction on April 10, 2012 page 3, they should be we.
A motion was made by Mayor Golinski to approve the minutes as corrected.
Minutes approved unanimously by a viva voce vote.
REPORTS
MAYOR'S REPORT
Appointments to Boards and Commissions
(CC 2012-38)
Mayor Golinski entertained a motion to approve the Mayor's appointments of Mike Anderson to the Fire
and Police Commission, Carol LaChance, Beth Gambro, and Judy Somerlot to the Library Board,Dan
Lane to the Park Board, Mike Crouch to the Plan Commission as the School Board Representative, Todd
Overmyer to the Police Pension Fund Board,Jeff Baker, Mike Skinner, and Don Hirsch to the Zoning
Board of Appeals. So moved by Alderman Milschewski; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Teeling-aye, Kot-aye, Munns-aye
Ordinance 2012-11 Approving the Second Intergovernmental Agreement for
the Replacement of the River Road Bridge Over Blackberry Creek
(CC 2012-35)
Mayor Golinski entertained a motion to repeal the motion of March 13, 2012, approving a second
intergovernmental agreement for the replacement of the River Road Bridge over Blackberry Creek,
Yorkville, Illinois, and in its stead, approve the revised second intergovernmental agreement as presented
to this meeting along with an ordinance approving the second intergovernmental agreement for the
replacement of the River Road Bridge over Blackberry Creek, Yorkville, Illinois and authorize the Mayor
and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Colosimo-aye,Funkhouser-aye,Milschewski-aye,
Teeling-aye, Kot-aye, Munns-aye, Spears-aye
Ordinance Authorizing Aggregation of Electrical Load and Adopting an Electric
Aggregation Plan of Operation and Governance
(CC 2012-39)
Mayor Golinski entertained a motion to approve an Ordinance authorizing aggregation of electrical load
and adopting an electric aggregation plan of operation and governance and authorize the Mayor and City
Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Munns.
Alderman Spears asked if this would require smart meters. Mayor Golinski stated no and asked if this is
the only ordinance. City Administrator Olson stated if approved,this goes out to bid tomorrow. After the
bids are received, contracts are reviewed, and the vendor is selected then the Council has to approve the
actual contract. Alderman Colosimo will be voting no. He does not like any provision that forces a citizen
to join and then requires them to opt out. Alderman Teeling agrees with Alderman Colosimo.
Motion failed by a roll call vote. Ayes-3 Nays-4
The Minutes of the Regular Meeting of the City Council—May 08,2012—Page 3 of 5
Funkhouser-nay, Milschewski-aye, Teeling-nay,
Kot-aye, Munns-aye, Spears-nay, Colosimo-nay
ITEP 2012 Grant Application—Cycle 10
(CC 2012-40)
Mayor Golinski stated the staff is looking for direction on whether or not to apply for this grant. The grant
is for street and pedestrian lighting along Route 47. Alderman Munns had this moved to City Council to
find out how everybody feels about grants.
Director of Park and Recreation Schraw stated ITEP grants have 12 different categories. One category is
landscape development scenic beautification. The Route 47 street and pedestrian project would be in that
category. As part of the Route 47 project they are taking out the lights and there will be a light at Van
Emmon,Fox, and Somonauk. Other than those three lights, all of the street lighting along Route 47 is not
going back in. This grant would give Yorkville the opportunity to reduce the cost of the lighting to the
City to either 50150 or 80/20. Mayor Golinski stated since the basis are being put in as part of the Route
47 project, eventually the City is going to have to put lighting in. Director of Park and Recreation Schraw
stated this would be on the City's own time line. The basis and the electrical will all be there. This is
already approved. There are some benches and planters included to dress up the downtown area.Mayor
Golinski asked, if the City receives the grant, what is the timeline to move forward with lighting. Director
of Park and Recreation Schraw stated it could be two years. Alderman Kot asked when the City will know
for sure what their share would be. Director of Park and Recreation Schraw stated the staff was going to
have the numbers finalized when they brought the resolution back. The City's estimate is $397,000. At
this time it is just whether or not the City wants to pursue this grant knowing it could be up to that amount
or less. Alderman Spears cannot support applying for this grant. The lighting is very important but the
Council took it out of the Route 47 project for there was not any money. Alderman Colosimo stated if the
Council does not approve this the City will still have lighting, correct. Mayor Golinski stated the City will
have no lighting. Alderman Funkhouser stated the City's diagram shows the three intersections with the
three lights. Is that correct?Director of Park and Recreation Schraw stated correct. Is the City looking at
this as being a potential savings in terms of what the City is getting in terms of grants as compared to the
80/20 split?Is there a benefit to the City with the ITEP grant?City Administrator Olson stated with the
IDOT project they were not going to fund any of these components at all. This is a 50150 split which is
better than what the City would have gotten from IDOT. Alderman Funkhouser stated with everything
that is in here it is $740,000 plus for street lights and around $137,000 for the decorative elements.
Alderman Munns asked is it correct that just because the City applied for the grant doesn't mean the City
has to utilize it. City Administrator Olson stated correct. There is still a grant agreement afterwards that
the City has to approve or deny. Alderman Munns asked how long the grant process takes. City
Administrator Olson stated it is about a two year process. Alderman Colosimo is torn. It is a lot of money
but he wants Yorkville's downtown area to have lighting. Is there another option?City Administrator
Olson stated the City can always downgrade the quality of the street lights. Public Works Director Dhuse
stated this was approved by IDOT and must be approved by IDOT even if the City decides to put lighting
in at a future date. It can't just be the decorative lights but it has to be the street light, also. A third option
could be not to do every light. Public Works Director Dhuse stated the City doesn't need three street
lights at an intersection. City Administrator Olson stated the Council can go through and make
recommendations if the direction of the City Council is to scale back. Alderman Spears asked if City
Administrator Olson can identify where the$397,000 would come from. City Administrator Olson stated
the City didn't budget for it this year. At this point, the City doesn't have a proposal as far as funding
goes and the City is waiting to see if the City Council thinks it is a good idea. Alderman Spears asked if
the City is sure that there is no penalty if awarded this grant. City Administrator Olson stated there is no
penalty. Mayor Golinski stated as far as funds, about a third of this can come out of downtown TIF.
Alderman Teeling stated that the City is planning on putting these street lights in,correct. Mayor Golinski
stated eventually. Without the grant it is $878,000. Alderman Teeling stated if the City is eventually
going to put the lights in then the City may as well apply for a grant to get some help. Alderman
Colosimo agrees with Alderman Teeling. He believes the City should apply for the grant. Mayor Golinski
went around to the different aldermen and took a poll of which Aldermen want to apply for the grant.
There was a consensus of the Aldermen to pursue this grant process.
Selection of Mayor Pro-Tem
(CC 2012-41)
Alderman Spears nominated Alderman Colosimo; seconded by Alderman Milschewski.
Mayor Golinski entertained a motion to appoint Carlo Colosimo as Mayor pro tem for fiscal year 2012-
2013. So moved by Alderman Milschewski; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1
Kot-aye, Munns-aye, Spears-aye, Colosimo-present,
Funkhouser-aye, Milschewski-aye, Teeling-aye
The Minutes of the Regular Meeting of the City Council—May 08, 2012—Page 4 of 5
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
No report.
ZONING BOARD OF APPEALS
No report.
CITY COUNCIL REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Required Reporting to Municipality by the Police Pension Board
(CC 2012-42)
City Treasurer Powell is required by the state statues to file a report of the municipality on the status of
the Police Pension. Total assets this year were$4,216,855.00. The City had an actual investment return of
11.35%. The Funding ratio went from 38.2%to 48.6%total funded. When the City first went from IMRF
to the Police Pension it was only funded at 15%. The funding has to be 100%by 2021. The City had
budgeted$336,075 for last fiscal year but for this fiscal year and next fiscal year the City is budgeting
$440,000.
COMMUNITY&LIAISON REPORT
Aurora Area Convention and Visitors Bureau
Alderman Funkhouser stated on Thursday May 10, 2012, is the Aurora Area Convention and Visitors
Bureau 25t"anniversary event. It will be held at the Paramount Theater. They are presenting awards to the
contributing mayors of the different cities that have been involved. Mayor Golinski will not be attending.
Adhoc Committee for Recreation Facilities Alternatives
Alderman Funkhouser stated the Adhoc Recreation Facilities Alternatives Committee met for the fourth
time. There have been several discussions with the YMCA about the potential for a joint venture. There
will be another meeting next month. The YMCA will be going back to the board to acquire information.
This will come back to the committee for more discussion and information. City Administrator Olson
stated June 4, 2012 was the time discussed for the next committee meeting.
Push For The Path
Alderman Teeling reported that Saturday May 19, 2012,Nicor Gas will be having an event down at the
riverfront for Push for the Path.Nicor Gas will donate $100 to Push for the Path for every Nicor Gas
employee that attends. Over 100 employees are coming. Mayor Golinski stated that this is a big deal for
Nicor Gas. Alderman Teeling stated Nicor Gas was where Darlene McCue worked. Employees are
attending in her honor.
Ward III Meeting
Alderman Munns stated that he and Alderman Funkhouser had a Ward III meeting last Saturday at Rush
Copley. About six people attended. A couple of good points came out of the meeting. Citizens are upset
that Yorkville has high gas prices. A senior woman that attended wanted everyone to know the senior
Beecher Center is there for everybody to use.
Senator Durbin
Mayor Golinski had lunch with Senator Durbin. Metro West invited several mayors to sit down with
Senator Durbin and discuss the Marketplace Fairness Act and the Transportation Bill.
STAFF REPORT
No report.
The Minutes of the Regular Meeting of the City Council—May 08 2012—Page 5 of 5
ADDITIONAL BUSINESS
Electric Aggregation Plan Public Hearing
Alderman Funkhouser wanted to point out that this evening there was a second public hearing for the
electrical aggregation plan.It was on the agenda, there was a vote on approving the electric aggregation
plan, and it did not go through. Alderman Funkhouser wanted to make it clear that it is against
Yorkville's City ordinance to vote on something the same night that the City has a public hearing.
Tax Bill
Mayor Golinski stated that he received his tax bill this week and as promised, Yorkville's portion went
down 30%.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded
by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye,
Milschewski-aye, Teeling-aye,Kot-aye,
Meeting adjourned at 7:42 p.m.
Minutes submitted by:
a vV/0,
Beth Warren,
City Clerk, City of Yorkville,Illinois
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