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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 REGULAR CITY COUNCIL MEETING PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: h�Qep" t Poke—roxa fox 'laWh btlROA0 llieD DuS'ei/ z�/ ,- , S �� a e-�*- Ice- 4C �u 44 xe 7 71/V G x & V I L U M T7 TS . t��- +c-t v H T-IS , fis Gqea al i SIGNIN REGULAR CITY COUNCIL MEETING -114r, (4 0 L!�t I a PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: To •� ✓L/t�D.r� Fox G FN Y / �v�aJ liC��, /JP2 11,42�U/��� 4A,V (A) L-� OaA- SIGNIN REGULAR CITY COUNCIL MEETING Public Comment Q01a PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: 1 v STGNM