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City Council Minutes 2012 05-22-12 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 22, 2012 Mayor Pro Tem Colosimo 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 Present Colosimo Present Ward II Milschewski Absent Kot Present Ward III Munns Present(Arrived at 7:30) Funkhouser Present Ward IV 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 None. PRESENTATIONS Certificate of Recognition Presented to the Yorkville High School Wind Ensemble Mayor Pro Tem Colosimo presented a certificate of recognition from Mayor Golinski for the Yorkville High School Wind Ensemble. The Yorkville High School Wind Ensemble earned top honors in their class and were named an honor band at the Super State Concert Band Festival. The director of the wind ensemble discussed the preparation for the festival and the requirements of being accepted into the festival. PUBLIC HEARINGS None. CITIZEN COMMENTS Todd Milliron, Cotswold Drive, discussed the televised City Council meetings. The audio is very hard to understand. He encourages the Council to look into this issue. Lynn Dubajic, Executive Director of the Y.E.D.C.,updated the Council on Push for the Path. Fundraisers have raised almost$1,600. Push for the Path has had 67 organizations that have signed up to the power of one. The grand total that has been collected so far has been$39,932. The first two years of Push for the Path's commitment to the City is completely covered. They are staying the course for their 100 power of one teams and raising$100,000 by July 5, 2012. She encouraged the community to visit the Push for the Path website and thanked the community for their enthusiasm. Jesse Alaniz, Colonial Parkway, discussed electrical aggregation. He learned through the media that the City was going to have this vote again. He believes it is fraudulent for citizens to have to opt out of a service they do not want. Politicians have gotten involved in this situation.He has a list of republicans and democrats who have gotten campaign contributions from one of the utilities. The average salary today of the average American is$26,364. The top politician receiving contributions in Illinois is Senator Tom Cross. He has received$21,000 in campaign contributions from a utility company. He discussed smart meters and how these meters work. He is concerned that smart meters are going to be forced upon him. He discussed how the electric company charges a higher price for certain hours of the day.This is not fair to people working a second shift. CONSENT AGENDA 1. Bills for Payment- $790,822.54 (CC 2012-43) 2. Water Department Reports for February, March& April 2012 (PW 2012-28) The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 2 of 5 3. Kendall Marketplace Improvements—Payment to Wilkinson Excavating—approve payment in the amount of$34,495.06 to Wilkinson Excavating, Inc. (PW 2012-29) 4. Monthly Treasurer's Report for April 2012 (ADM 2012-26) Mayor Pro Tem Colosimo entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye, Spears-aye,Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—April 24, 2012 (CC 2012-44) 2. Minutes of the City Council—May 8, 2012 (CC 2012-45) Mayor Pro Tem Colosimo entertained a motion to approve the minutes of the regular City Council for April 24, 2012 and May 08,2012 as presented. So moved by Alderman Kot; seconded by Alderman Gilson. Alderman Funkhouser had a correction on the May 08, 2012 minutes under the electric aggregation plan public hearing. He wanted it added that the vote was against Yorkville's procedural ordinance. Alderman Colosimo had a correction on the April 24, 2012 minutes. On the bottom of page 3 he wanted it clarified that ENMARC will not be testing every truck load of soil. Alderman Teeling had wanted City Clerk Warren to check the tape to see if she said the road wouldn't be protected on page 4 of the April 24, 2012 minutes. Mayor Pro Tem Colosimo made a motion to table April 24, 2012 to the next City Council meeting. So moved by Alderman Spears; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Funkhouser-aye, Gilson-aye, Teeling-aye, Kot-aye, Colosimo-aye Mayor Pro Tem Colosimo entertained a motion to approve the minutes of the May 08, 2012 City Council minutes as amended. So moved by Alderman Funkhouser; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Present- 1 Spears-aye, Funkhouser-aye, Teeling-aye, Gilson-present,Kot-aye,Colosimo-aye REPORTS MAYOR'S REPORT Resolution 2012-12 Supporting Application/Inclusion in Illinois Transportation Enhancement Program (CC 2012-40) Mayor Pro Tem Colosimo entertained a motion to approve a resolution supporting application/ inclusion in Illinois transportation enhancement program (ITEP)and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Funkhouser. Alderman Kot and Director of Park and Recreation Schraw discussed the selection of these three options. A selection has to be made before moving ahead. If the Council goes through with this, the City can opt out at a later date. Lighting was discussed, and it is not required by IDOT. If lighting is done it cannot be just pedestrian lights. It has to be overhead lighting as well. There were some lights that were in the plan when the construction started but now have been taken out. These lights will not be replaced, so in those areas the City will have reduced lighting. Alderman Gilson had several questions. First, he wanted to know if the City goes forward with the proposal can it be slimmed down. He also asked if the City is granted this, when is the City's share of the money due. Has this money been accounted for?City Administrator Olson stated the money has not been accounted for. It takes about a year to find out if the City received the ITEP grant for the Kennedy Road bike path.Then if accepted the City will take about a year and a half to discuss whether or not the City will accept the grant. The City is looking at about a two year process if the City receives the grant. With all grants the City is allowed to change the scope of services to a limited degree. If an entire category is going to be eliminated, it needs to be done now rather than after the grant. Alderman Gilson asked when this is due to the state for a decision and the answer was May 29, 2012. Alderman Funkhouser discussed reducing street lights at the intersections. He wanted to know if the staff reviewed this to see if there would be a potential savings to the City for the removal of those lights. Public Works Director Dhuse The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 3 of 5 stated this will depend on what IDOT deems as its standard. By submitting it, the City is going to have to work with them to find out.Alderman Funkhouser stated if the City can reduce two lights from each intersection, where there were four lights that would be significant. EEI Engineer Sanderson stated IDOT has signed off on the writing. Part of the design was formed as part of the Route 47 improvements. IDOT finally signed off on the lighting plan. The plan that was approved is shown in the application.To vary from that would be very difficult. There are strict lighting standards that need to be followed. Alderman Funkhouser stated in terms of slimming things down it is not going to come in the line items of the actual lighting. EEI Engineer Sanderson stated the City wouldn't be able to reduced lighting and in certain areas the City would have to shorten the project. City Administrator Olson stated every location the City has on that lighting plan is going to have an install base as part of the IDOT contract. The base and the conduit will be there. Alderman Kot asked if the City were to pull all the aesthetics out of the project, would the City still move ahead with the 50150 or does that negate the whole application?City Administrator Olson's opinion is it significantly degrades the quality of the application. Many of the aesthetics can be used by the downtown TIF and won't necessarily come out of the general fund. Alderman Kot stated that street lighting is a top priority. He stated that all the decorative lights that the City has now are not meeting IDOT's standards. Is there any chance that could change and the City could use those lights again. City Administrator Olson stated some of those lights from downtown have been designated for the City's parks. Alderman Teeling reiterated that downtown TIF funds can be used. She asked City Administrator Olson how much the lights would cost if the City paid for them on its own. The answer was around$100,000 for the total project. Alderman Gilson is torn on this issue. He believes lighting is a necessity, but he doesn't like all the extras and the dollars tied to those.He is going to vote.for it now, but when the application is to be granted,if the money is not available, he will vote against it. Alderman Spears stated it would have been beneficial if the Council had received a copy of the grant application. Alderman Colosimo stated he is going to be voting yes. He believes this is a public safety issue. The City must add the lights whether the City applies for the grant or not. There has to be a certain amount of lighting on Route 47. The Aldermen were in agreement to move forward with option three which is doing both the north and south. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Teeling-aye Ordinance 2012-12 Authorizing Aggregation of Electrical Load and Adopting an Electric Aggregation Plan of Operation and Governance (CC 2012-39) Mayor Pro Tem Colosimo entertained a motion to reconsider an ordinance authorizing aggregation of electrical load and adopting an electric aggregation plan of operation and governance. So moved by Alderman Spears; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-5 Nays-2 Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-nay, Teeling-nay, Gilson-aye Mayor Pro Tem Colosimo 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 Kot; seconded by Alderman Spears. Alderman Colosimo received numerous phone calls from his residents of Ward I asking him to reconsider his vote. He voted no the first time. His residents made it very clear that they wanted electrical aggregation. He will be changing his vote to yes. Alderman Spears stated she is the one that brought this topic back onto the agenda. She has received many resident e-mails and phone calls indicating that they were in favor of electrical aggregation, and they did vote to support this. In order to do what the Ward IV residents have asked her to do, she placed this back on the agenda for reconsideration. If this is approved, the City would take the next step and be ready to bid. The City can take many precautions. Alderman Spears stated that the Citizens Utility Board is in favor of this. She doesn't believe that the City should ever accept the smart meters in any of the City's contract. There is so much controversy with them. She would hope that the staff would not consider any proposal that is requiring smart meters. City Administrator Olson clarified that there is absolutely no involvement with smart meters in this particular proposal. He does know that Com Ed is planning on rolling out smart meters all over the metropolitan region,including Yorkville. He is not sure that Yorkville has a choice in the matter, but he will keep the Council updated. Alderman Funkhouser stated that when this issue came up, he was not in favor of it. He feels that this is one more situation of government controlling residents. The few calls he has received have not been in support of the electrical aggregation. This Council does not have control of what future councils do.These contracts can be renewed continually throughout time. He is still not in favor of this. He will be voting no. Alderman Gilson stated he is also opposed to the smart meters. He supported electrical aggregation from day one. From the time the Council denied this, he has received dozens of e- mails stating it needs to be reconsidered. He feels this will present significant savings to the City's The Minutes of the Regular Meeting of the City Council—May 22,2012—Page 4 of 5 residents. He supports this and hopes this Council will, too. Alderman Kot continues to support this, and feels it is a money saver for the residents of Yorkville. Alderman Teeling received many e-mails from residents that were upset that the City denied this. She originally voted no for the electrical aggregation, but after receiving the many e-mails, letters, and phone calls, she will be voting yes. Alderman Gilson just wanted to make sure that the citizens are well aware of what is going on with this aggregation. He wanted the Council to be proactive in making sure the citizens know that there is an opt out before and after this occurs. Motion approved by a roll call vote. Ayes-6 Nays-1 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-nay, Teeling-aye, Gilson-aye, Kot-aye, 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. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT YBSD Alderman Gilson reported on the YBSD meeting held on May 14, 2012. He discussed the motions that were approved and the details of those motions. Several other issues regarding permits, special waste, reports, new business, and the Fox River's storm water systems were discussed. E-Mail From Lisa Peterson Alderman Gilson read part of an e-mail which was given to him by one of his constituents, Lisa Peterson. After this was read,there was discussion among Aldermen as to how e-mail should be recorded. Should the persons sending the e-mail have their name entered in the record?Also,how resident's concerns should be addressed. Agency On Aging Alderman Spears reported on the Agency on Aging of Northeastern Illinois. (See attached.) Fox Valley Cable And Telecommunications Alderman Spears reported on the Fox Valley Cable and Telecommunications Executive Board. (See attached.) School Board's Monthly Meeting Alderman Funkhouser reported on the school board's monthly meeting. Student recognitions were given at the meeting. The school board discussed the selection of an architect for the expansion project. Aurora Area Convention and Visitors Bureau Alderman Funkhouser attended the Aurora Area Convention and Visitors Bureau. They held an event for 25 years of service and development and commemorating its establishment through the Greater Aurora The Minutes of the Regular Meeting of the City Council—May 22,2012—Page 5 of 5 Chamber of Commerce in May, 1987. Alderman Funkhouser read a proclamation of appreciation. (See attached.) STAFF REPORT ABC 7 Chicago City Administrator Olson stated ABC 7 Chicago was in downtown Yorkville.They interviewed City Administrator Olson, and the Geneva Kayak owner, Ryan Rushton for the 190 North that will air on June 3, 2012. June Events Director of Park and Recreation Schraw listed the following events that were occurring in the month of June 2012. On June 02,the Walter Peyton Sweetness Run, June 08,YorkviIle's Music and Wine Night featuring the band, Trio, in Town Square Park, June 09, the farmers market from 8:00 a.m. to 12:00 p.m., and on June 22, the Chamber of Commerce River Night. There are baseball tournaments going on every weekend. Push For The Path Alderman Teeling asked the number of Nicor employees that attended the Nicor event. Director of Park and Recreation Schraw said Nicor had 130 employees sign up. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Alderman Colosimo entertained a motion to go into Executive Session for the purpose of. 1. 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. 2. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 3. For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. So moved by Alderman Kot; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Kot-aye, Teeling-aye, Gilson-aye, Funkhouser-aye, Munns-aye The City Council entered Executive Session at 8:11 p.m. The City Council returned to regular session at 8:40 p.m. ADJOURNMENT Alderman Colosimo entertained a motion to adjourn the meeting. So moved by Alderman Teeling; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:41 p.m. Minutes submii�tteedd by: ,� ""c"�� Beth Warren, City Clerk, City of Yorkville, Illinois Community&Liaison Report—Agency on Aging Report received from Alderman Spears LIAISON REPORT AGENCY ON AGING OF NORTHEASTERN ILLINOIS On May 11th I attended the Agency on Aging Executive Board of Directors meeting. The Agency announced they will hold public hearings on Thursday, May 31st on the proposed allocation of funds for senior services in its eight county service for Fiscal Year 2013. This will include $409,921 in Kendall County. The funds will cover Case Coordination Unit Access Service, Emergency Support, Legal Services, Congregate Meals, Home Delivered Meals, Transportation, Residential Repair & Renovation, Home Injury Control, Medication Management, Elder Abuse Intervention, Caregiver Resource Center services for individuals aged 60 and older. The hearings will begin at 10:00 a.m. and will be held at the Gladys Fox Museum, 231 East Ninth in Lockport. Community& Liaison Report—Fox Valley Cable&Telecommunications Report received from Alderman Spears LIAISON REPORT FOX VALLEY CABLE & TELECOMMUNICATIONS EXECUTIVE BOARD On May 10, 2012 1 attended the FVTV Executive Board Meeting. Budget items were reviewed, discussed and approved. Manager Mike Reynolds provided information regarding programs, bulletin board messages received and posted, aired basketball games, tours of the TV studio. Mike will meet with high school athletic directors and coaches from Yorkville, Sandwich, Plano and West Aurora to begin planning of fall coverage of high school football. f . PROCLAMA'T'ION OF APPRECIATION WHEREAS,the Aurora Area Convention and Visitors Bureau is celebrating 25 years of service and development and commemorating its establishment through the Greater .Aurora Chamber of Commerce in May,1987;and WiMWAS,the Aurora.Area Convention and Visitors Bureau promotes a service area including the communities of Aurora,Batavia,Big Rock,Hinckley,Montgomery,North Aurora,'Plano,'Sandwich,Sugar Grove and York;and VOIEREAS,the Aurora Area Convention and`19 tor§Bureau is an accredited bureau within the State of Illinois recognizing its professionalism,strategic alliances and investments to serve the hospitality,entertainment and related businesses within the Uni6e+d City-6f Yorkville,,and' " A ; United City of Yc rrkv lle has b an IStrUrOMILI ai partner with the Agra Ana,Convention and Visits-Bureau with our affiliated hotels,restaurants, �, cultural attractions,festivals,event and retailers;and WHUEAS,the Aurora Area Convention and Visitors`Bureau supports and promotes the destination and attractions that contribute more than$1W million annually to the gnomic impact of our service area; 9. NOW,TfUMEFORE,BE rr PROCLAIMED,the Aurora Area Convention and Visitors does herebyrxpress`app gr � ty #ice and �tu , i U ed-Ci of Yorkville for its ' ` t d sup mod*ftl '�,;.£} A , � Ar �+ �and tors ill�conti ue lib be fly C'(� j o wpp�� & ►.#he apnen�i es law to h } par S.� e� T11dt � at-y+rk�. ar ,. ass, lIV C l RH' 00Q ON%qTE QF,in un+cUxM with the Aurora Area t6nvendon and Visitors Bureau Board of Dirqftrs and Employees,i4e hereby affix Y sigOfftih this:26�clay of April,2012. Chris Hammon Dale Bernman Executiive Dk ector Chairman of the Board of Directors REGULAR CITY COUNCIL MEETING Aam lQx 9- 0/ � i - / PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN REGULAR CITY COUNCIL MEETING Public Comment 14a C4 oqa i cQ0 ( � PLEASE PRINT NAME: r SUBDIVISION OR BUSINESS- .� O Q [G � l SIGNIN