Loading...
City Council Minutes 2012 08-28-12 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,AUGUST 28, 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 Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart, Deputy Chief of Police Hilt,Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer Morrison, Community Development Director Barksdale-Noble, Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Teeling requested that Item#10 on the Consent Agenda, Code Amendments (PS 2012-21), be moved to the regular agenda under the Public Safety Committee Report. Mayor Golinski added the Pesola Media Group discussion to go under presentations. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Pesola Media Group Jason Pesola,resident, from Pesola Media Group gave a presentation in regards to developing a Yorkville centered creative campaign to help draw people to the community of Yorkville. (See attached.) PUBLIC HEARINGS REC Center Purchase Mayor Golinski opened up the third public hearing for the Rec Center. Bob Mayes, resident since 1962, spoke in favor of the Rec Center. Lisa Peterson, Adrian Street, spoke against the purchase of the Rec Center. Mayor Golinski closed public hearing. CITIZEN COMMENTS None. CONSENT AGENDA 1. Bills for Payment-$1,200,040.31 (CC 2012-57) 2. Resolution 2012-22 Approving a Plat of Vacation for Swanson Lane Estates Planned Unit Development and Plat of Subdivision—authorize Mayor and City Clerk to execute (EDC 2012- 34) 3. Disposal of City Property—authorize Police Department to dispose of equipment listed on the attached inventory (PS 2012-19) 4. Ordinance 2012-23 Authorizing the Purchase of Lightning Detectors —authorize Mayor and City Clerk to execute (PS 2012-16) 5. Recommendation of Award for the 2012 MFT Maintenance Program—award contract to D Construction,Inc. in an amount not to exceed$30,247.10(PW 2012-35) 6. Appointment of FOIA Officer—Jeff Weckbach(ADM 2012-44) 7. Water Department Reports for May and June 2012 (PW 2012-46) 8. Banking Request for Proposals—authorize staff to issue a request for proposals for banking services for the City beginning November 1, 2012 (ADM 2012-45) 9. Treasurer's Report for July 2012 (ADM 2012-46) 10. Ordinance 2012-24 Indemnifying Administrative Hearing Officers—authorize Mayor and City Clerk to execute(COW 2012-04) 11. Resolution 2012-23 to Release Closed Session Minutes—authorize Mayor and City Clerk to execute (CC 2012-58 ) The Minutes of the Regular Meeting of the City Council—August 28,2012—Page 2 of 5 Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Kot; seconded by Alderman Funkhouser. 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 Adhoc Committee for Recreation Facility Alternatives—July 9, 2012 (CC 2012-59) 2. Minutes of the Committee of the Whole—July 10, 2012 (CC 2012-60) 3. Minutes of the City Council—July 24, 2012 (CC 2012-61) Mayor Golinski entertained a motion to approve the minutes of the Adhoc committee for recreation facility alternative for July 9, 2012,the minutes of the committee of the whole for July 10, 2012, and the minutes of the regular City Council for July 24, 2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Munns. There were corrections on the July 24, 2012 City Council meeting. Alderman Milschewski wanted City Clerk Warren to list the corrections on each meeting. She also wanted to know if the e-mail that Alderman Gilson read from Lisa Peterson, citizen, would be attached. Alderman Milschewski wanted clarification on page 7 where she discussed that it was up to the voters to educate themselves. She also wanted the grammar corrected under additional business. The word issue will be added. Alderman Colosimo stated that the contract for the Yorkville Sergeants was tabled not approved. Alderman Funkhouser wanted it clarified that on page 4 it should be fire district, not just district, and on page 5 wanted it clarified that when discussing buffering layers that it is referring to the bullets. Alderman Spears wanted it clarified under Public Hearing with Bob Mayes that he was saying the price was $2.5 million dollars not $2.5 dollars. 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 Appointment of Ward 1 Alderman—Ken Koch (CC 2012-62) Mayor Golinski entertained a motion to approve the Mayor's appointment of Ken Koch as Alderman of Ward I to serve the remainder of George Gilson Vs.term of office. So moved by Alderman Kot; seconded by Alderman Colosimo. Mayor Golinski acknowledged the City received four applications for this position. He went through the applications. Mr. Koch has served the City for 12 years on the City's Park Board. Mayor Golinski feels Mr. Koch is a good fit for the City Council. Alderman Kot believed that Mr. Koch was an excellent choice for City Council. Alderman Colosimo felt that Mr. Koch had the City's best interest at heart. He will be voting for him. Alderman Spears has known Mr. Koch for many years. Her main concern was that Mr. Koch was going to be one-sided as far as Parks and Rees. She changed her opinion. With his experience, she believes Mr. Koch is well aware of the City's issues. She will support Mr. Koch. Alderman Funkhouser has no problem voting for Mr. Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye Mayor Golinski swore in Ken Koch as Alderman of Ward I for the United City of Yorkville. Ordinance Regarding City Council Procedures—Meeting Schedule Amendment (CC 2012-63) Mayor Golinski entertained a motion to approve an ordinance regarding City Council procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Munns. Mayor Golinski put this issue on the agenda to see if the Council wanted to stay with the summer schedule or go back to regular committee meetings and two City Council meetings per month. Mayor Golinski remarked that he is impartial and is fine with either way the vote turns out. Alderman Funkhouser felt the summer schedule has been functional and successful. Alderman Colosimo disagreed with Alderman Funkhouser. COW is a disservice to the residents of Yorkville. He requested that the Alderman vote against this issue and go back to regular committee meetings. Alderman Spears agreed with Alderman Colosimo. She remarked that the COW meetings were not functional, and the Council was The Minutes of the Regular Meeting of the City Council—August 28,2012—Page 3 of 5 not accomplishing what they should have been accomplishing. Mayor Golinski commented that both structures have pros and cons. Alderman Kot mentioned that for the summer schedule the COW structure worked,but the Council should go back to the committee structure. Alderman Teeling remarked that on the overall scope the committee structure is better and more effective. Alderman Munns stated that there are different Council members in each committee meeting, so certain Council members have to be filled in on the meetings they do not attend. In doing this, the Council members that attended the meeting have to hear the information all over again. Alderman Munns prefers the COW structure. Alderman Spears stated that the committee meetings are all taped and are available on the City's web page. Alderman Funkhouser declared that this is not about finding an easy way out. This structure allows for a little more time to review the packet with the same amount of paperwork as the other structure. The COW gives a larger venue for citizens to be able to communicate. He believes this structure has been productive. Mayor Golinski stated the benefit to the current summer structure is that all of these meetings are televised. Motion failed by a roll call vote. Ayes-2 Nays-6 Munns-aye, Spears-nay, Colosimo-nay, Funkhouser-aye, Milschewski-nay,Teeling-nay, Koch-nay, Kot-nay PUBLIC WORKS COMMITTEE REPORT None. ECONOMIC DEVELOPMENT COMMITTEE REPORT Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau (AACVB) (EDC 2012-33) Mayor Golinski entertained a motion to approve a sixth amended intergovernmental cooperation agreement with the Aurora Area Convention and Visitors bureau and authorize the Mayor and City Clerk to execute. So moved by Alderman Teeling; seconded by Alderman Koch. Alderman Colosimo entertained a motion to table this to EDC; seconded by Alderman Funkhouser. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Munns-aye Kendallwood Estates Development Agreement Amendment (EDC 2012-36) Mayor Golinski stated this is discussion only. This came before the Council during the COW meeting. The Council discussed sending notice out to the residents about the flooding issues. Community Development Director Barksdale-Noble confirmed it had been done. City Administrator Olson stated the development agreement still has to be drafted and brought back to the September 11, 2012, City Council meeting. Community Development Director Barksdale-Noble has drafted up a framework of what that development agreement will say. The City draws a box within a certain geographic area of that subdivision and says the City is ok with releasing letters of credit or reducing them within that area.No one will touch dirt in that area until new letters of credit are reported. The City does propose to retain letters of credit for items that are in the ground and preserved for future developers. The City is comfortable with the specific proposal that the developer is seeking, as long as the City makes sure that the geographic area lines are drawn. This will take the letters of credit down from about$2 million to about $350,000. Susan Lambke, Van Emmon, asked for further clarification. Mayor Golinski stated the property is in foreclosure. The bank is looking to sell the property and there is someone looking to purchase the property. The property has these letters of credit attached to it. The existing property owner is not planning on developing the property. He is planning to let the property sit till the economy gets better. City Administrator Olson stated part of the proposed deal the City would discuss in the agreement is the fact that the existing property owner wants to fix some of the issues on the land. The City is proposing that there will be some work done on site to stabilize everything prior to the City approving it. The City is talking about work being done on site. Susan Lambke asked who is paying for that work being done. City Administrator Olson stated the existing land owner, which is Castle Bank. Downtown Brownfield Phase III Study (EDC 2012-37) Mayor Golinski entertained a motion to approve a Brownfield's Study engineering agreement with Engineering Enterprises, Inc. and Terracon Consultants, Inc. as presented and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Abstain-1 Colosimo-aye, Funkhouser-abstain, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Munns-aye, Spears-aye PUBLIC SAFETY COMMITTEE REPORT The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 4 of 5 1. Code Amendments—Disorderly Conduct &Possession of Drug Paraphernalia (PS 2012-21) a. Ordinance 2012-25 Adding the Offenses of Disorderly Conduct and Possession of Drug Paraphernalia to the Yorkville City Code b. Ordinance 2012-26 Establishing Minimum Fines for Ordinance Violations Mayor Golinski entertained a motion to approve code amendments—disorderly conduct &possession of drug paraphernalia,an ordinance adding the offenses of disorderly conduct and possession of drug paraphernalia to the Yorkville city code,and an ordinance establishing, minimum fines for ordinance violations and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Teeling. Alderman Teeling pulled this to figure out what changes needed to be made. Police Chief Hart stated the changes included some minor verbiage issues. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye,Munns-aye, Spears-aye, Colosimo-aye ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Ordinance 2012-27 Amending the Requirements in the Yorkville Subdivision Control Ordinance Regarding Completion of Improvements and Bond Procedures (PC 2012-04) Mayor Golinski entertained a motion to approve an ordinance amending the Requirements in the Yorkville subdivision control ordinance regarding completion of improvements and bond procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Kot. Community Development Director Barksdale-Noble stated this came up in the Public Works Committee when addressing the issues with bonding.This was brought before the Plan Commission in public hearing and it was recommended unanimously. She is now bringing it back to the City Council. This verifies all the dates that were already discussed in COW. Community Development Director Barksdale-Noble and Alderman Teeling discussed how this affects developers. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye, Koch-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye 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 Ken Com Alderman Spears reported on Ken Com. (See attached.) 911 Surcharges Alderman Spears stated that in the executive board meeting it was asked if it was too late to remove the 911 surcharge from the referendum on the November ballot. Alderman Spears received an email from Debbie Gillette stating that it was too late to remove it, so it will be on the ballot. There will be more discussion in the future. Aurora Area Convention and Visitors Bureau Alderman Funkhouser attended the Aurora Area Convention and Visitors Bureau board meeting. He updated them on the City's position. The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 5 of 5 School Board Alderman Funkhouser attended the School Board meeting. The budget was presented. There will be a public hearing on September 26, 2012, for the school's budget. The School Board is moving forward with construction of the High School's education wing. A design advisory team of 92 participants is being assembled. The School Board will be coming forward with new plans for their expansion process by October 22, 2012. 2"d Annual Tips Challenge Alderman Koch announced that on Friday August 31, 2012, at 6:00 p. m. the City Council will take on the Park Board for the 2"a annual tips challenge. Both groups donate money to charity. Congressman Hultgren Mayor Golinski has a conference call with Congressman Hultgren, along with all the mayors from Kane and Kendall County, on Thursday August 30, 2012, in regards to the Prairie Parkway. STAFF REPORT No report. ADDITIONAL BUSINESS Alderman Ward I Alderman Spears thanked the individuals that submitted applications for the Ward I alderman position. There were several good candidates, and she hopes the City will have other people running in the next election. Hometown Days Mayor Golinski stated that Hometown Days was this coming weekend. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of Pending Litigation. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye, Teeling-aye, Koch-aye, Funkhouser-aye, Munns-aye The City Council entered Executive Session at 8:31 p.m. The City Council returned to regular session at 9:00 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye, Kot-aye, Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye Meeting adjourned at 9:01 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville,Illinois t i w0ftoodnoir'"5eipowelosed r a11inIaoA ui }uauauiejaajua �g Suiddo�{s 'Suiuip 'BuiSpol aol ssauisnq auail aansial aseanul — ajjinjaoA 10 uosn BuiIiJx3 ue qB noaqlioi -ajjinjaoA } :)ie usioniad — a3110 off. sey Ji Ile pue aIIinIaoA Suisodx3 . ssauaaenne ajeaa:) - jasse padolanapaapun — Alp ano ol a1doad nneap 11 !m 1eyj uSieduae:) aniJeaaD PDJDIU@:) a11inlaoA e dol@A,3(] . I all lagpnq uo paseq — suoilela.i :)!lqnd paaalua:) all!AIJOA olpeu — sMeap ISaSJel s,all!AIJOA aoopino — aepuale:) Bu!laIaeW Apalaen'o SuisiIaanpe puiw jo dol pasodoad . AIpualJI a:)lnap al!gow — pueig aql-wai j uS!saa :)!gdeaE) lauaalui aql jo aaMod aqi — s,all!nNaoA jo Ai!:) pai!un . Sao•ajj!AjJOAaano:)sip . aaninj aqi of lalaeua 01 (133N aM — 2ao•ajj!ANJOAj!sin . @11!ANJOA 10 Al!:) pai!un aqi aoi suiewop pasodoad — ap!n!) uoijeana�j ig Su!u!Q '.ulddogS al!sgaM an!l:)eaaIu! ue 10 uo!Ieaa:) agnlno, — @11!AMao,& Jo Al!:) pai!un aqi aoi aallinnl — �saaaluld — Suisijaanpe/gu!jajaeW almaxa pue aSed looga:)e3 WeSu3 Alaadoad — aieaado 01 aoleaIs!u!uapd AIaed pa!gl • suiialaew elpaw le!oos a l!AIJOA 10 juawdoianap paaajua:) ajj!A�JOA pue 41nnoaS aql u! IsaJ@Iu! palsan .sag oa ll ! /V\ DNd leqN\ w.aolleld oilgnd e uo si Suileaao aae am leynn . auil wo}}o8 — aansopsip �g A:)Uajedsuejl linj 'uoi�e�iunuauao� �o sauil uadp . aepuale:) SuilalieA Alialienwo# . a11inIaoA 10 juauadolanap pug y}nnoaS aye ui saaploy aJejs 10 sIsisuo:) — paeoe AJOSIAPV uasianol e jo uoileaaD . Alp aqj 10 uoisualxa ue sauaooaq fwd . Al! 1 ! q eju n o:):)V ivawuieiaaiva 7g wsianol ajjinjaoA jo /xii:) paiiun aoi paiaspnq anuanaa xel 10 }}o pase8 — xel PIN PaleJauaS 10 /06 • ISOD slinsaa aeaA p,E — juauadolanap pue yjnnoaS aeaA p„Z — aSueq:) juauaaldwi aeaA ISZ — uoipe jo ueld anissaaSSe ue ui ssa:):)ns aas ol saeaAE salel 11 — wa al a eaA £ . wiai i:) ejluoD Community& Liaison Report—KenCom Report received from Alderman Spears LIAISON REPORT KENCOM EXECUTIVE BOARD MEETING August 23, 2012 On August 23rd I attended the KenCom Executive Board meeting. The Board reviewed and approved the Finance Committee's July 2012 report, the Treasurers' July 2012 report, the Operations, Surcharge bills for Payment, and approval of anticipated expenditures. Director gave a project update report. The Board discussed the Public Safety Center Lower Level Lease Agreement between Kendall County and KenCom. Comments were similar from Plano, Yorkville and Newark. The comments included the length of the lease. It was recommended the terms of the lease be for a period of 30 years rather than ten years as proposed. After the loan is paid in ten years, there was additional discussion regarding the optional rental payment plan indicating The tenant shall pay the landlord rent for the said premises in the amount of $45,000 per year in year eleven, with an annual increase of 2.5% for years 12-20. Several Board members objected to this optional rental payment plan. Board members questioned how the County arrived to the $45,000 and 2- 1/2% increase per year after the ten years. Staff indicated the County spent $250,000 to relocate KenCom to the basement. This location was a c • Community& Liaison Report—KenCom Report received from Alderman Spears tremendous cost savings to KenCom if they relocated to an outside location. After a lengthy discussion on the terms of the lease, Yorkville, Plano, Village of Newark and the Newark Fire Department voted "nay", seven board members voted "aye" and one Board member voted "present". Motion passed; however, it was determined two Cities could veto the vote at the next Board meeting and it would take a super-majority to pass. Plano is discussing this at their next City Council Meeting. I would like to request a consensus from our Council regarding the veto process. The Board agreed to make the 1st quarterly $25,000 lease payment due September 1, 2012 since the Board previously approved the 10-year lease. Next item of business was Code Red. As previously announced, Code Red ends November 1st. The sheriffs department is reviewing various options to replace Code Red. Several options offered, included administrators and public works departments could have separate lines for emergencies, street closings, etc. This is not included in the budget and would be an additional cost sharing divided among KenCom members. Code Red currently cost $25,000 annually. The Board requested additional vendor information. Vendor demonstrations will be arranged. Optional dates to conduct the demonstrations will be submitted to the Board members for concurrence. All KenCom members, staff and first responders will be encouraged to attend. REGULAR CITY COUNCIL MEETING Aa cl Ala PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: i tP� " SIGNIN REGULAR CITY COUNCIL MEETING Public Comment A(,f PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: � u PIC s 0 �� BPS J�� pt.11 ct ( vn � iC- r-(-) r � � �;5 Can/ l 1.Z1 6" .�� � �GTV of � ��✓ ���, SIGNIN