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City Council Minutes 2012 11-27-12 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, NOVEMBER 27, 2012 Mayor Golinski called the meeting to order at 7 : 07 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL � City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present (arrived 7: 08) 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, Finance Director Fredrickson, EEI Engineer Sanderson, Director of Park and Recreation Schraw, Superintendant of Recreation Evans QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Milschewski requested that Item #4 on the consent agenda, Resolution Approving a Revised Investment Policy (ADM 2012-57), be moved to the regular agenda under the Administration Committee Report. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificates of Recognition — Yorkville High School State Champion Girls Cross Country Team Mayor Golinski presented a certificate of recognition to the Yorkville High School state champion girls cross country team. Certificate of Appreciation — Yorkville Trinity Church United Methodist Farmer' s Market Group Mayor Golinski presented a certificate of appreciation to Yorkville Trinity Church United Methodist farmer' s market group . This group has raised over $ 100,000 over the years. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Bills for Payment - $772,320 . 11 (CC 2012-88) 2 . Chief of Police Employment Agreement — authorize Mayor to execute (CC 2012-82) 3 . Treasurer' s Reports for September and October 2012 (ADM 2012-55) 4. Ordinance 2012 47 Establishing a Fee for Collection of Delinquent Bills — authorize Mayor and j City Clerk to execute (ADM 2012-60) --� 5 . Banking RFP Results — accept proposal from Castle Bank for comprehensive banking Services (ADM 2012-61 ) 6. Ordinance 2012 48 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1 , 2013 and Ending April 30, 2014 in and for the United City of Yorkville Special Service Area Number 2004-201 (Fox Hill) — authorize Mayor and City Clerk to execute (ADM 2012-62) 7. Ordinance 2012-49 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1 , 2013 and Ending April 30, 2014 in and for the United City of Yorkville Special Service Area Number 2006- 119 (Sunflower Estates) — authorize Mayor and City Clerk to execute (ADM 2012-63 ) 8 . 2012 Bond Abatements (ADM 2012-64) The Minutes of the Regular Meeting of the City Council — November 27, 2012 — Page 2 of 5 a. Ordinance 2012-50 abating the tax hereto levied for the year 2012 to pay the principal of and interest on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series 2005C — authorize Mayor and City Clerk to execute b. Ordinance 2012-51 abating the tax levied for the year 2012 to pay the principal of and interest on the $ 11 , 150,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2011 — authorize Mayor and City Clerk to execute c. Ordinance 2012-52 abating the tax hereto levied for the year 2012 to pay the principal of and interest on $3 ,525 ,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 — authorize Mayor and City Clerk to execute �i d. Ordinance 2012-53 abating a portion of the tax hereto levied for the year 2012 to pay the principal of and interest on the $3 ,020,000 General Obligation Refunding Bonds, (Alternate Revenue Source), Series 2007A — authorize Mayor and City Clerk to execute e. Ordinance 2012-54 abating a portion of the tax hereto levied for the year 2012 to pay the principal of and interest on the $3 ,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B — authorize Mayor and City Clerk to execute 9 . Rush-Copley Regional Stormwater Conveyance System — Final Acceptance — accept public improvements for storm sewer as described in the Bill of Sale for ownership and maintenance and authorize reduction to Old Second Bank LOC 460101008443 in an amount not to exceed $45, 700. 31, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of executed Bill of Sale (PW 2012-63 ) 10 . MFT Payment for 2012 Street Rehabilitation Program — authorize MFT payment in an amount not to exceed $47, 007. 00 to D Construction, Inc. (PW 2012-64) I Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Munns; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye, Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye MINUTES FOR APPROVAL 1 . Minutes of the Special City Council — October 27, 2012 (CC 2012-89) Mayor Golinski entertained a motion to approve the minutes of the City Council for October 27, 2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Spears. Amendment approved unanimously by a viva voce vote. REPORTS MAYOR' S REPORT City Insurance Renewal (Property/Casualty and Worker' s Compensation) (CC 2012-90) Mayor Golinski entertained a motion to authorize entering into a one year insurance agreement with Glatfelter Insurance in an amount not to exceed $310 .363 .00 . So moved by Alderman Milschewski; seconded by Alderman Colosimo. Cherita Perry, Mesirow Financial, gave a short summary. She started with the executive summary to give a highlight of the City' s insurance coverage ' s. Every year for municipal clients, Mesirow Financial approaches the marketplace. They approached 13 markets for the City of Yorkville. The property increased last year from 40 million to 43 million. The City' s units increased from 71 to 76 units. The limits and deductible are the same that were proposed last year. Glatfelter Insurance gave Yorkville a reduction in premium. There was an increase on the overall programs for workers compensation. There was also payroll increases in the police department. The overall program increased by 7% . City Administrator Olson noted that the motion is for Glatfelter Insurance. The property casualty insurance is with Glatfelter Insurance but the workers compensation insurance is with IPR. Alderman Spears had a major concern with identity theft due to the fact that the City employees that are drivers have their license number listed. Cherita Perry will take that out going forward. Only the drivers name will be listed. Alderman Colosimo wanted to make sure the names were all correct. Alderman Colosimo and City Administrator Olson discussed the coverage for the police department. Motion a pp roved 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 Ordinance 2012-55 for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1 , 2013 and Ending April 30, 2014 for the United City of Yorkville (CC 2012-91 ) The Minutes of the Re ular Meetin of the City Council — November 27 2012 — Pa e 3 f � � 0 5 Mayor Golinski entertained a motion to approve an ordinance for the levy and assessment of taxes for the fiscal year beginning on May 1 , 2013 and ending April 30, 2014 for the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Spears. Alderman Colosimo pointed out the police pension and that the officers earned it. 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 Resolution Approving a Real Estate Sale Agreement with Imperial Investments, LLC for the Sale of Property Owned by the United City of Yorkville, Illinois (Lot 6, Van Emmon Street) (CC 2012-92) Mayor Golinski entertained a motion to table this item to the December 11 , 2012 City Council meeting. So moved by Alderman Kot; seconded by Alderman Milschewski. Alderman Kot withdrew his motion to table; Alderman Milschewski withdrew the second. City Administrator Olson stated the reason for the motion to table is that the property owner is going to ask for half of the existing parking lot of the pedestrian mall and walkways. Alderman Kot asked what effects will that have on the City' s utility. City Administrator Olson stated none. City Attorney Orr stated the City is making the deed subject to a perpetual easement so that the City can always get to the utilities. City Attorney Orr stated the City' s intent is to do approvals with recorded deed in terms of easement rights and in terms of approvals so that the City will be protected, forever even if it is sold to another owner. Alderman Colosimo is concerned that if the pedestrian walkways have to be ri pp ed up what it will cost the City to put them back in. He also would like public parking to remain free in the City. City Attorney Orr stated the issue is in regards to prospective improvement would probably be after the City reviewed all of the parts of the development agreement. Alderman Spears asked if on page one where it states the City received bid proposals if that should state proposal. City Attorney Orr stated the City solicited for proposals and only received one. Alderman Spears also on page one under sales agreement it refers to City Administrator Olson twice as the village administrator. - Mayor Golinski entertained a motion to table this item to the December 11 , 2012 City Council meeting. So moved by Alderman Kot; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain- 1 Teeling-aye, Koch-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-abstain, Milschewski-aye Settlement Agreement (CC 2012-93 ) Mayor Golinski entertained a motion to approve a settlement agreement with Fox Morriane, LLC a limited liability company doing business with Kendall County and Don Hamman Farms, LLC a limited liability company doing business with Kendall County and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Munns. City Attorney Orr stated the original lawsuit was $ 150,000 and there was $ 115,000 settlement payable in 14 days. Alderman Munns stated it is good to close this off the books and recoup some of the money. 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 PUBLIC WORKS COMMITTEE REPORT 1 . PW 2012-61 Kendall County Stormwater Ordinance n a. Ordinance 2012-56 Adopting the Kendall County Stormwater Management Ordinance _ to Regulate Stormwater Management in the United City of Yorkville b. Resolution 2012-30 Seeking Certification for the Implementation of the United City of Yorkville' s Adoption of the Kendall County Stormwater Management Ordinance A motion was made by Alderman Teeling to approve an ordinance adopting the Kendall County stormwater management ordinance to regulate stormwater management in the United City of Yorkville and authorize the Mayor and City Clerk to execute and a motion to approve a resolution seeking certification for the implementation of the United City of Yorkville' s adoption of the Kendall County stormwater management ordinance and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. The Minutes of the Rezular MeetinLy of the City Council — November 27, 2012 — Pa2e 4 of 5 Alderman Kot asked if this leveled the playing field if everybody participated. City Administrator Olson said it will bring unincorporated county and unincorporated municipalities to minimum standards. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. - PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2012-31 Approving a Revised Investment Policy (ADM 2012-57) Alderman Spears made a motion for the proposed investment policy revisions to the current policy that the City has; seconded by Alderman Munns. Alderman Milschewski pulled this because on the last page Alderman Gilson was listed. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye PARK BOARD Hometown Days Festival 2013 Entertainment Request (CC 2012-94) Mayor Golinski entertained a motion to authorize staff to negotiate and sign a contract for a national entertainment act for the 2013 Hometown Days festival in an amount not to exceed $25 ,000 . So moved by Alderman Colosimo; seconded by Alderman Teeling. Mayor Golinski said staff is looking for a national act band to expand Hometown Days. Tim Evans stated each year Yorkville tries to expand and make Hometown Days bigger and better for the community and vendors. Many vendors came to the City and asked if it would be feasible for Yorkville to get a national act. It would draw many more people. The proposal is the City would have to increase the entrance fee just on that one day. This would help to make it a success financially. It would increase profits from the festival. Alderman Kot' s first concern was can Yorkville accommodate the larger crowd and is this something the City has talked to the police department about. He wanted to make sure the City would have proper staffin g and proper control. Mr. Evans stated looking at the layout, there is plenty of room to accommodate this. Alderman Kot asked what if the band was rained out. Mr. Evans stated there would be insurance for that day of about $5 ,000. Alderman Funkhouser asked if the City is considering changing or increasing the vendor fees for the event if going with a larger act. Mr. Evans stated that would definitely be on the table to discuss. Alderman Funkhouser asked if the City had a different plan for advertising and marketing for this to sponsors and the general public. Mr. Evans stated if the Council said yes then they would start contacting promoters to lock something in within the next couple of weeks. The City would need to start advertising. Alderman Milschewski asked that the City be mindful of the residents that live near the band' s stage. Motion 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 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. The Minutes of the Regular Meetintz of the City Council — November 27, 2012 — PaLye 5 of 5 COMMUNITY & LIAISON REPORT Agency On Aging Alderman Spears reported on the Agency on Aging. (See attached). School Board Alderman Funkhouser reported on the school board. They are moving forward with the refinancing of bonds. December 17, 2012 there will be a special school board meeting where they will be disclosing the rate. A discussion point was whether or not they wanted to use a leveling tax rate option. They went into a lengthy discussion of whether they want to level or keep it so they don't fluctuate. There is a difference in immediate or long term savings. They moved forward with their tax levy as of now. STAFF REPORT No report. ADDITIONAL BUSINESS City Council Meeting December 19, 2012 Mayor Golinski discussed the December 19, 2012 City Council meeting. He would like to go without it. EXECUTIVE SESSION None. CITIZEN COMMENTS Walt Stagner, Wildwood 11, discussed small businesses and their place in Yorkville. Joel Frieders, Whispering Meadows, discussed the food selection in Yorkville. Mark A. Johnson, Yorkville resident, thanked the City Council on behalf of the Kendall County property tax group for working the levy reductions. It is taking some traction and the City Council is showing some plans for the future which he appreciates. The taxpayers appreciate that. He wanted to comment about the people not understanding the referendum. He would like for the City Council to abide by the citizens vote in regards to the Rec Center. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; !� seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Munns-aye, Spears-aye Meeting adjourned at 8 : 04 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois Community & Liaison Report — Agency on Aging Report received from Alderman Spears LIAISON REPORT November 2011 AGENCY ON AGING The Agency is thrilled to report that close to $97 , 000 was raised for Holiday Meals on Wheels ! The 21St Annual Celebrity Chefs Brunch was a success and for all who sponsored , attended , made a donation , bought raffle tickets , bid on auction item , etc. — THANK YOU for making a difference in the lives of our at-risk seniors ! REGULAR CITY COUNCIL MEETING PLEASE PRINT NAME: SUBDIVISION OR BUSINESS : � tA ,� 6, s11 ib � l SIGNIN REGU LA R CITY COUNCIL MEETING Public Comment 1 November 27, 2012 PLEASE PRINT NAME : SUBDIVISION OR BUSINESS : lij T VIUade2h I. SIGNIN