City Council Minutes 2013 01-08-13 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, JANUARY 8, 2013
Mayor Pro Tern 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 Koch Present
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
Sanderson, Community Development Director Barksdale-Noble, Administrative Intern Weckbach
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Mayor Pro Tern Colosimo requested that Plan Commission Item # 1 (PC 2012- 11 ) be moved after
consent agenda.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
Fred Anderson, Meadowlark Lane, discussed the SSA taxes and TIF districts.
Amy Cesich, Raintree Village, discussed the SSA taxes.
CONSENT AGENDA
1 . Bills for Payment - $ 1 ,470,294 .73 (CC 2013 -01 )
2 . Water Department Reports for September & October 2012 (PW 2012-67)
3 . Resolution 2013-01 Establishing Water Meter Fees — authorize Mayor and City Clerk to execute
(PW 2012-69)
4 . Bristol Bay Unit 5 Bond Release — authorize release of Liberty Mutual Insurance
Company Bond No. 268000460 in the amount of$ 72, 671. 07 (PW 2012-70)
5 . Autumn Creek Units 1A, 1B, and 1 C — accept public improvements within Units IA and 1 C for
watermain, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as
described in the Bill of Sale for ownership and maintenance by the City and authorize release of
SafeCo Surety Bond #6346371 in the amount of$316, 959. 54 and The Fidelity & Deposit Co
Bond #08824717 in the amount of$946, 396 58, all subject to the following conditions:
verification that the developer has no outstanding debt owed to the City for this project,
establishment by the developer of a one-year maintenance bond in the amount of$612, 990. 25 for
Unit IA, establishment by the developer of a one-year maintenance bond in the amount of
$207, 084. 15 for Unit 1C, and establishment by the developer of a performance bond in the
amount of$109, 947. 80for Unit IB (PW 2012-71 )
6 . Payment for Intersection Improvements at Route 47 and Cannonball Trail — authorize payment in
an amount not to exceed $ 7, 794. 67 to Geneva Construction Company (PW 2012-73 )
7 . Raging Waves Final Acceptance — accept public improvements for watermain, sanitary sewer,
storm sewer, paving, street lighting and parkway landscaping as described in the Bill of Sale for
ownership and maintenance by the City and authorize the release of Commercial Bank letter of
credit #628335-0400 in the amount of$100, 000. 00, subject to the following conditions:
The Minutes of the Regular Meeting of the City Council — January 8, 2013 — Page 2 of 4
verification that the developer has no outstanding debt owed to the City for this project, receipt of
executed Bill of Sale, and establishment by the developer of a one-year maintenance bond in the
amount of$100, 000. 00 (PW 2012-77)
There was discussion in regards to the bill payment list.
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-8 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye,
Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye
PLAN COMMISSION
Resolution 2013-02 Approving the Kendall Crossing PUD Preliminary Plat
(PC 2012- 11 )
Mayor Pro Tem Colosimo entertained a motion to approve a resolution approving the Kendall Crossing
PUD preliminary plat and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns;
seconded by Alderman Kot.
Alderman Milschewski asked Attorney Kramer if this was the final document. It was a preliminary plat.
There will be a final plat for this lot and the entire development. Alderman Milschewski was concerned
there wasn't access to the existing businesses. Attorney Kramer stated there will be access to the bank.
There will also be a connection between the bank and funeral home through the parking lot. The ultimate
plan is that there will be a main east west boulevard. This will help with dispersing theatre traffic. City
Attorney Orr stated Yorkville amended its zoning code . In the past, this Council was approving a concept
plan and then approving a preliminary plan. The Council was never required by Yorkville ' s City code to
approve the final plan. In the future Council approval will be required for every issue .
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
MINUTES FOR APPROVAL
1 . Minutes of the Special City Council — November 27, 2012 (CC 2013 -02)
2 . Minutes of the City Council — November 27, 2012 (CC 2013 -03 )
3 . Minutes of the City Council — December 11 , 2012 (CC 2013 -04)
Mayor Pro Tem Colosimo entertained a motion to approve the minutes of the special City Council
meeting for November 27, 2012, the regular City Council minutes for November 27, 2012, and December
11 , 2012 as presented. So moved by Alderman Funkhouser; seconded by Alderman Koch.
There were two corrections which were both on the Special City Council meeting for November 27, 2012 .
Alderman Milschewski stated that Alderman Colosimo did attend that meeting and should be marked as
present. Alderman Colosimo stated on page two the word litigate should be changed to mitigate.
Minutes approved unanimously by a viva voce vote.
REPORTS
MAYOR' S REPORT
Mayor Pro Tem Colosimo stated that by state statute the Mayor is required to announce the resignation of
a City officer at the next scheduled City Council meeting. Mayor Golinski received a letter from
Treasurer Powell announcing his resignation in support of the appointment in the future of the treasurer.
That resignation will take place on January 31 , 2013 .
Ordinance 2013-01 Designating the Downtown Yorkville Business Development District
and Imposing a Retailers' Service and Occupation Tax Therein
(EDC 2013 -03 )
Mayor Pro Tem Colosimo entertained a motion to approve an ordinance designating the downtown
Yorkville business development district and imposing a retailer' s service and occupation tax therein and
authorize the Mayor and City Clerk to execute . So moved by Alderman Munns; seconded by Alderman
Milschewski.
City Administrator Olson stated there were references to address numbers in the agreement. The
developers are purchasing parcels and buying them under a singular address . They are combining two
buildings into one business . Alderman Munns explained how TIF ' s are used. Alderman Kot clarified that
this is a 1 % business district tax. Alderman Colosimo is not a proponent of any kind of tax. He is going to
vote for it for the simple reason that it is a user tax.
The Minutes of the Regular Meeting of the City Council — January 8, 2013 — Page 3 of 4
Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain- 1
Spears-aye, Colosimo-aye, Funkhouser-abstain, Milschewski-aye,
Teeling-aye, Koch-aye, Kot-aye, Munns-aye
Ordinance 2013-02 Approving a First Amendment to the Redevelopment Agreement
for the Downtown Yorkville Redevelopment Project
Area (Imperial Investments, LLC)
(EDC 2013 -04)
Mayor Pro Tem Colosimo entertained a motion to approve an ordinance approving a first amendment to
the redevelopment agreement for the downtown Yorkville Redevelopment project area (Imperial
Investments, LLC) and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns;
seconded by Alderman Milschewski.
Alderman Kot found a typo. Alderman Spears stated page three references the village. Alderman
Milschewski and City Attorney Orr discussed the 1 % tax. Alderman Koch wanted clarification on page
eight, in regards to the blank. There was discussion among Alderman Koch, City Administrator Olson,
and City Attorney Orr on this subject. Alderman Milschewski wanted clarification in regards to the
process of how this 1 % tax works . City Attorney Orr explained. City Administrator Olson, City Attorney
Orr, and Alderman Colosimo discussed that the amount in the blank should be two million dollars .
Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain- 1
Colosimo-aye, Funkhouser-abstain, Milschewski-aye, Teeling-aye,
Koch-aye, Kot-aye, Munns-aye, Spears-aye
Ordinance Approving a Redevelopment Agreement for the Downtown Yorkville
Redevelopment Project Area (TCB123, LLC d/b/a Rowdys)
(EDC 2013 -05 )
Mayor Pro Tem Colosimo entertained a motion to table the ordinance approving a redevelopment
agreement for the downtown Yorkville redevelopment project area (TCB 123 , LLC d/b/a Rowdys) . So
moved by Alderman Kot; seconded by Alderman Funkhouser.
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
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
SSA Abatement Ordinances
(CC 2013 -05)
Ordinance 2013-03 Abating Special Service Area Taxes for Special Service Area Number 2005-
108 (Autumn Creek Project) and Approving the Amended Special Tax Roll
Ordinance 2013-04 Abating Special Service Area Taxes for Special Service Area
Number 2005-109 (Bristol Bay I Project) and
Approving the Amended Special Tax Roll
Ordinance 2013-05 Abating the Tax Hereto Levied for the Years 2012 through 2032 to Pay the
Principal of and Interest on the $ 12,205,000 Special Service Area Number 2004-106
Total Grande Reserve Variable Rate Demand Special Tax Bonds, Series 2004
Alderman Spears entertained a motion to approve an ordinance abating special service area taxes for
special service area number 2005 - 108 (Autumn Creek Project) and approving the amended special tax
roll, an ordinance abating special service area taxes for special service area number 2005- 109 (Bristol Bay
I Project) and approving the amended special tax roll, and an ordinance abating the tax hereto levied for
the years 2012 through 2032 to pay the principal of and interest on the $ 12,205 ,000 special service area
number 2004- 106 total Grande Reserve variable rate demand special tax bonds, Series 2004 and authorize
the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman
Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Teeling-aye, Koch-aye, Kot-aye, Munns-aye,
The Minutes of the Regular Meeting of the City Council — January 8, 2013 — Page 4 of 4
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye
SSA Abatement Ordinances
(CC 2013 -06)
Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003- 100
(Raintree Village Project) and Approving the Amended Special Tax Roll
Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101
(Windett Ridge Project) and Approving the Amended Special Tax Roll
Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-104
(Central Grande Reserve) and Approving the Amended Special Tax Roll
Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-107
(Raintree Village II Project)
Mayor Pro Tern Colosimo entertained a motion to table the SSA abatement ordinances to the next City
Council meeting on January 22, 2013 . So moved by Alderman Koch; seconded by Alderman Kot.
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
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
No report.
COMMUNITY & LIAISON REPORT
Dairy Queen
Alderman Teeling stated that Dairy Queen was now open.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
None.
CITIZEN COMMENTS
Joel Frieders, Whispering Meadows, discussed Alderman Funkhouser abstaining on issues dealing with
the development of Yorkville ' s downtown area.
ADJOURNMENT
Mayor Pro Tern Colosimo entertained a motion to adjourn the meeting. So moved by Alderman
Milschewski; seconded by Alderman Spears .
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 7 : 48 p.m.
Minutes lsubmitted by:
v�C (r�/� �
Beth Warren,
City Clerk, City of Yorkville, Illinois
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