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City Council Minutes 2012 10-23-12 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,OCTOBER 23,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy City Clerk Pickering called the roll. Ward I Colosimo Present Koch Present Ward lI Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: Deputy City Clerk Pickering, City Attorney Orr, City Administrator Olson, Chief Hart, Deputy Chief Hilt, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Interim Director of Parks and Recreation Schraw, and EEI Engineer Sanderson. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Jeff Schafermeyer,Yorkville resident, spoke in support of a movie theatre being built in Yorkville. CONSENT AGENDA 1. Bills for Payment- $839,564.32 (CC 2012-74) 2. Ordinance 2012-36—Amending the Code of Ordinances Providing for Liquor Control (Number of Class A Licenses)—authorize Mayor and City Clerk to execute(PS 2012-27) 3. Resolution 2012-26—Approving a Revised Policy for Athletic Field Use Policies and Procedures —authorize Mayor and City Clerk to execute(CC 2012-72) 4. Water Department Reports for July&August 2012 (PW 2012-58) 5. Resolution 2012-27—Endorsing Implementation of the Lower Fox River Land Conservation Project Plan—authorize Mayor and City Clerk to execute(PW 2012-59) 6. MFT Resolution 2012-28 for Salt Storage—authorize City Clerk to execute(PW 2012-60) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Munns; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Munns-aye, Milschewski-aye, Koch-aye, Teeling-aye,Funkhouser-aye, Kot-aye, Colosimo-aye, MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of September 25,2012, and October 9, 2012 as presented. So moved by Alderman Spears; seconded by Alderman Colosimo. Alderman Funkhouser noted the following correction to the September 25, 2012 minutes: • On page 2 under the Countryside Concept PUD Plan and Incentive Agreement,the sentence that reads "He would like to see a parking lot pushed"should be revised to read "Alderman Funkhouser noted that the developers have asked for some concessions on the parking lot and he would like to see the envelope pushed on the parking lot design so that the parking lot would be on par with or a little above what was done at Kendall Marketplace". Motion unanimously approved as amended by a viva voce vote. The Minutes of the Regular Meeting of the City Council—October 23,2012—Page 2 of 6 REPORTS MAYOR'S REPORT Appointment to Park Board (CC 2012-77) Mayor Golinski entertained a motion to approve the Mayor's appointment of Matthew Konecki to the Park Board to serve the remainder of Ken Koch's term. So moved by Alderman Funkhouser; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye Annual Treasurer's Report (CC 2012-78) Mayor Golinski entertained a motion to approve the annual treasurer's report for fiscal year ending April 30,2012. So moved by Alderman Milschewski; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye, Munns-aye Tax Levy Estimate (CC 2012-79) Mayor Golinski entertained a motion to approve a tax levy estimate for 2012,to be used for purposes of conducting a public hearing on the tax levy in the amount of$3,650,692. So moved by Alderman Funkhouser; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye,Milschewski-aye, Munns-aye, Spears-aye Ordinance 2012-37 Approving a First Amendment to a Concession Lease Agreement with River City Roasters(Northern Portion of 131 E. Hydraulic Avenue) (CC 2012-80) Mayor Golinski entertained a motion to approve an Ordinance Approving a First Amendment to a Concession Lease Agreement with River City Roasters for the Northern Portion of 131 E. Hydraulic Avenue and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo and seconded by Alderman Kot. Mayor Golinski commented that the Park Board had reviewed the proposed amendment to the lease agreement the previous week. The reason for the amendment was that the owner of the business had invited someone to sell guitars in his establishment, which was not allowed under the current lease agreement. Alderman Spears mentioned that there were a few typos on the lease agreement which would need to be corrected. On page 1, paragraph 1, line 1,the word"amenemednt" should be changed to "amendment". On page 2, in the first sentence the word "form"should be changed to "from". On page 2, paragraph C,the word"if'should be changed to"in". On page 2,the paragraph that starts with the words "In Witness Whereof',the word"parsons"should be changed to"persons". Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye AMENDMENTS TO THE AGENDA Mayor Golinski said that he had two amendments to the agenda. He asked that Mayor's Report Item# 5 City Administrator Employment Agreement and Item 46 Chief of Police Employment Agreement both be moved until after the executive session. There was consensus for these items to be moved until after the executive session. PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—October 23,2012—Page 3 of 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2012-38 Allowing and Regulating Electronic Signs (EDC 2012-53) A motion was made by Alderman Munns to approve an Ordinance Allowing and Regulating Electronic Signs and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Alderman Colosimo said that the maps that were provided in the packet made it easy to visualize the provision in the proposed ordinance that says that signs with electronic message display panels that face residentially zoned property shall be set back not less than one thousand feet(1,000')from the residentially zoned property. He asked if the one thousand feet away requirement was removed, would there be a way to protect residents that would be facing one of these signs in the evening. Community Development Director Barksdale-Noble stated that section 8-11-6 (D) of the current sign ordinance has a provision that says that illuminated signs that are adjacent to residential areas have to be turned off between the hours of 11:00 p.m. and 5:00 a.m. unless the business is open. The second way to protect the residents is that in the evening the illumination requirements are decreased. Alderman Colosimo made a motion to amend the ordinance by removal of section 4(e)and renumbering the balance of paragraphs accordingly; seconded by Alderman Koch. Motion to amend ordinance approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye,Funkhouser-aye, Teeling-aye Motion to approve amended ordinance approved by a roll call vote. Ayes-8 Nays-0 Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye Ordinance 2012-39 Amending the Regulations for Building Mounted Signs (EDC 2012-54) A motion was made by Alderman Munns to approve an Ordinance Amending the Regulations for Building Mounted Signs and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Funkhouser said that he would like to reduce the amount of signage that is being proposed so that the city could keep the blight of signage to a minimum. He suggested that any principal fagade and any fagade that faced a right-of-way could have a one to one ratio of one square foot of sign for every one linear foot of building fagade up to 50 percent of the width of the building fagade. He thought that all other facades should be limited to one-half square foot of sign for every one linear foot of building fagade to reduce the amount of signage on secondary facings. Mayor Golinski commented that while most businesses want to maximize their exposure,they also want to make their building look aesthetically pleasing to the eye. He would like to go with the ordinance that is being proposed and if it becomes a problem,then council can take another look at it. YEDC Director Dubajic said that the intent of the proposed ordinance is to help businesses with their needs. She would like to see the proposed ordinance be adopted because that is what is needed to help the local businesses. Alderman Funkhouser made a motion to amend section 1, paragraph 2(a)(2)from fifty percent to twenty- five percent and also to amend section 2,paragraph 2(b)(2)from fifty percent to twenty-five percent; seconded by Alderman Colosimo. Motion to amend ordinance defeated by a roll call vote. Ayes-2 Nays-6 Spears-nay,Munns-nay, Milschewski-nay, Koch-nay, Teeling-nay,Funkhouser-aye, Kot-nay, Colosimo-aye Original motion approved by a roll call vote. Ayes-7 Nays-1 Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-nay, Teeling-aye, Koch-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. The Minutes of the Regular Meeting of the City Council—October 23,2012—Page 4 of 6 PLAN COMMISSION Ordinance 2012-40 Approving a Preliminary Concept Plan for a Special Use Permit Application for Planned Unit Development fora 38,500 Square Foot Cinema Complex and Various Outlots(Kendall Crossing) (PC 2012-09) Mayor Golinski entertained a motion to approve an Ordinance Approving a Preliminary Concept Plan for a Special Use Permit Application for Planned Unit Development fora 38,500 Square Foot Cinema Complex and Various Outlots(Kendall Crossing)and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns and seconded by Alderman Colosimo. Alderman Kot asked if there was a plan in place if more than 418 parking stalls were needed for the movie theatre patrons. Attorney Kramer,representing the petitioner, explained that there would be an operation easement cross access agreement with the outlots, so that if needed,the movie theatre would be able to use some of the other parking that would be available in the development. Alderman Funkhouser asked if the developer was going to provide one shade tree for every twenty parking spaces and also interior landscaped medians. Attorney Kramer responded that it was included in the landscape plan that had been given to Community Development Director Barksdale-Noble. Alderman Colosimo noted that there was a blank dollar amount on the top of page 6 of the development agreement where it talked about the payment of the balance of the bond proceeds. He asked what the dollar amount was that would be inserted into the blank. Administrator Olson said that it was just over$1.8 million dollars. Administrator Olson said that he wanted to make sure that everyone understood that as soon as the movie theatre opens, the city is agreeing to give the developer the remaining bond proceeds which will be approximately$1.8 million dollars. He said that it was important to note that the $1.8 million dollars represents about twenty to twenty-five percent of the city's existing cash balance; however, regardless of the drain on the city's cash balance,the money has to be used for TIF purposes. Administrator Olson said that the long term financial positive from this development will come when the developer fills the outlots. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye Ordinance 2012-41 Approving a Development Agreement for Kendall Crossing (PC 2012-09) Mayor Golinski entertained a motion to approve an Ordinance Approving a Development Agreement for Kendall Crossing and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo and seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye,Koch-aye, Milschewski-aye, Munns-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 KenCom—New Location Alderman Spears reported that KenCom would be moving to the new lower level dispatch facility on October 24, 2012 (see attached). School Board Meeting Alderman Funkhouser reported that the school board presented their annual audit report and they were given a clean opinion. Additionally,the school board is looking at refinancing their 2006 series bonds. The school board approved an underwriter and they hope to be ready in late November for a public hearing on the refinancing. The Minutes of the Regular Meetine of the City Council—October 23,2012—Page 5 of 6 STAFF REPORT Halloween Egg Hunt City Administrator Olson reported that the Parks and Recreation Department would be holding the annual Halloween Egg Hunt on Friday, October 26 at Beecher Park from 5:00 p.m. until 9:00 p.m. In addition to the egg hunt,there would also be hay rides, a costume contest, a pet costume contest, and pumpkin decorating. Chamber of Commerce Biz Boo Trick or Treating City Administrator Olson reported that the Chamber of Commerce would be holding its annual Biz Boo Trick or Treating event on Saturday, October 27 from 10:00 a.m. until 2:00 p.m. Special City Council Meeting for Goal Setting City Administrator Olson reminded everyone that a special City Council meeting would be taking place on Saturday, October 27 starting at 9:00 a.m. for goal setting. ADDITIONAL BUSINESS Leaves in the Street Alderman Spears reported that she had received complaints about residents raking their leaves into the street. She questioned if the residents who were doing this could be fined. Attorney Orr said that it would be considered an obstruction and as such, property owners could be fined for placing debris in the roadway. Administrator Olson said that if Alderman Spears wanted to give him the property addresses, staff would look into the matter. Public Works Director Dhuse mentioned that leaf pickup would be held on the north side of the river,the week of November 5-9 and would be held on the south side of the river, the week of November 12-16. Halloween Egg Hunt Alderman Kot noted that this year marked the first year that the Halloween Egg Hunt would be held on Friday night instead of Saturday night. He said that when his children were younger,they loved attending the Halloween Egg Hunt. He hoped that enough publicity had been done so that the residents were aware that the event would be taking place on Friday night instead of Saturday night. National Breast Cancer Awareness Month Mayor Golinski said that he wanted to thank the City Council for wearing pink to help raise awareness for breast cancer. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye The City Council entered executive session at 7:44 p.m. The City Council returned to regular session at 8:07 p.m. MAYOR'S REPORT(cont'd) City Administrator Employment Agreement (CC 2012-81) Mayor Golinski entertained a motion to approve a City Administrator Employment Contract in the amount of$105,000.00 with Bart Olson and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears and seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Teeling-aye, Koch-aye,Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye Chief of Police Employment Agreement (CC 2012-82) Mayor Golinski entertained a motion to approve a Chief of Police Employment Contract with Richard Hart in the amount of$103,000.00 and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears and seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye, Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye The Minutes of the Regular Meeting of the City Council—October 23,2012—PaLye 6 of 6 CITIZEN COMMENTS Mr.Matthew Prochaska, candidate for Kendall County Board, commended the City Council on their approval of the movie theatre proposal. He said that he had heard time and time again while campaigning that residents were upset with the current state of the former Countryside Center development. He felt that it was a positive step forward with getting development started in that area again. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Teeling-aye, Koch-aye, Milschewski-aye, Munns-aye, Spears-aye, Colosimo-aye, Kot-aye Meeting adjourned at 8:10 p.m. Minutes submitted by: (`�LdGL r" Lisa Pickering, Deputy City Clerk, City of Yorkville, Illinois Community& Liaison Report—KenCom Report received from Alderman Spears 10-22-12 LIAISON REPORT KENCOM'S NEW LOCATION KenCom will be moving to the new lower level dispatch facility effective at 6:00 am tomorrow morning (Wednesday, October 24th). The move will take place as follows: 1) The 0600 dispatchers will report to the lower level dispatch center and will take all radio traffic as well as telephone calls on all 7-digit (non 9-1-1) lines. 2) Extra staff will be staying in the old dispatch center at 0600 to continue to answer only 9-1-1 calls and put them into the CAD system. 3) As soon as AT&T arrives, AT&T they will be moving the ANVALI modems from the second floor to the basement equipment room, as well as the switches to transfer 9-1-1 calls out of this center. 4) Next, AT&T will connect the nine 9-1-1 lines to the new telephone equipment. To date, all of the console hardware, CAD positions and associated hardware have been extensively tested. It is believed that this will be a smooth transition which should be totally unnoticeable to all staff as they make this transition. After they are certain that all of the above moves have been made successfully, they will spend the remainder of the day moving additional less essential items. Director Farris would like to request everyone bear with them as they make this transition...... REGULAR CITY COUNCIL MEETING Public Comment October 23, 2012 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: fc �� /. REGULAR CITY COUNCIL MEETING October 23, 2012 PLEASE PRINT NAME SUBDIVISION OR BUSINESS: )' ��� 12 J, 17