Loading...
City Council Minutes 2013 08-13-13 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVII .LE, KENDALL COUNTY, ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, AUGUST 13, 2013 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 Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Frieders Present Funkhouser Present Ward IV Spears Present (called in) Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy Chief of Police Klingel; Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, Building Code Official Ratos, Director of Park and Recreation Schraw, Administrative Intern Weckbach OUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS 1 . PC 2013 -07 — A second amendment to that certain Amended Annexation Agreement and Planned Unit Development Agreement (Grand Reserve Subdivision) dated January 30, 2012 by and among Grande Reserve (Chicago) ASLI, L.L.L.P . (Owner), an Illinois Limited Liability Limited Partnership, and the United City of Yorkville, Kendall County, Illinois for the purpose of restating the transition fees for School District # 115 and providing for its collection at time of building permit issuance. Please, see attached report of proceedings by the Court Reporter for the public hearing. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Treasurer' s Report for June 2013 (ADM 2013 -41 ) 2. Ordinance 2013-48 Amending the Compensation of Deputy Clerk and Deputy Treasurer — authorize Mayor and City Clerk to execute (ADM 2013 -44) 3 . Request to Dispose of Two Police Vehicles — authorize Police Department to dispose of a 2008 Ford Crown Victoria and a 2008 Ford Explorer via the bid process (PS 2013 -21 ) 4 . Request to Dispose of Three Firearms — authorize Police Department to dispose of two Smith & Wesson Model M&P 15 's (Serial # SW 59704 and Serial # SW 58440) and a Sage by Penn Arms Model SL 65 (Serial # M650229) with all remaining ammunition and accessories via trade (PS 2013 -22) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Milschewski; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Milschewski-aye, Spears-aye, Frieders-aye, Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye MINUTES FOR APPROVAL None. BILLS FOR PAYMENT The Minutes of the Regular Meeting of the City Council — August 13, 2013 — Page 2 of 4 Mayor Golinski stated that the bills were $ 1 , 112, 857 .56 . REPORTS MAYOR' S REPORT No report. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) (EDC 2013 -28) Alderman Koch made a motion to approve an ordinance approving a fourth amendment to the redevelopment agreement for the downtown Yorkville redevelopment project area for Imperial Investments, LLC, and authorize the Mayor and City Clerk to execute; seconded by Alderman Frieders. Alderman Colosimo's biggest concern is there is a front end payment and a back end payment. The front end payment is restricted to the TIF funds. The back end payments are not guaranteed by the TIF . If there is no growth in the TIF then the tax payers are liable for that back end payment. He opposes this ordinance as presented. City Attorney Orr stated that isn't what the ordinance says. The back end payment is from TIF funds. It should never be upon the tax payers. City Administrator Olson stated the concern was if the City commits the pot to a few different developers then the City would have depleted the TIF funds . It was his interpretation that the City still has an obligation with Imperial Investments to make those back end payments whether the TIF budget has funds in it or not. At that point the City is still coding the expense out of the TIF fund but the general fund is doing the short term loan. City Attorney Orr stated that would be the decision of the Council. That is not the commitment written in the agreement. Alderman Colosimo wants it crystal clear what happens if the TIF fund money is not available. He has no intention to borrow any money. City Administrator Olson said the developer was willing to not have a guarantee on the upfront payment but would want a guarantee back end payment. Alderman Funkhouser said the Council hasn't seen the study yet and doesn't know the cost. He does not care for the 80/20 split. He would prefer there be a better compromise. Alderman Kot asked if TIF funds would be available. City Administrator Olson answered his question and said it is subject to Council's discretion. Alderman Kot does not want to see Yorkville's tax payers paying for this. He believes this agreement needs to reflect that. Mayor Golinski stated the agreement already reflects that, but the Council wants to make sure everyone understands it. Alderman Colosimo thinks verbiage needs to be added to explain if the TIF funds aren't there then the developers won't get reimbursed. He wants that perfectly clear as to what the Council's intent is today. City Administrator Olson stated the developers have indicated they would not go into it without a guarantee. Alderman Colosimo stated that is where there is an impasse. Alderman Milschewski wanted to clarify the TIF funds that would be given to the City would be generated from the developers property. Alderman Frieders keeps wondering what the City is going to do with the east side of Route 47 . The west side has all these issues that can't be finished because it is such an old part of the infrastructure. The City keeps putting band aids on it. Is there a way to expedite the fact that the equipment is way too old. Also, how does the City do something to benefit the west side to make that more workable but then also learn something for the east side, which needs just as much work. He sees the benefit and understands where the City is coming from with trying to capture the end. He wonders how does the City improve both sides of the street and get rid of that old equipment, while at the same time doing a bit of a favor in putting it underground. At least the equipment will be up to date. City Administrator Olson asked City Attorney Orr if it was a normal part of a development agreement not to guarantee payments from the unobligated portion of the TIF fund. City Attorney Orr stated it is done both ways . Alderman Funkhouser stated if the City does expend the pool for the west side then the east side may not have funding for a sustained amount of time. It is an old infrastructure. A lot of the demands are being put on it by the increased development. The infrastructure was working functional beforehand but the developers are asking for something from the City. He asked if the City is going to take the entirety of the City's balance that are in the TIF funds and provide that to the developers or is the City going to try to do other City projects . He thinks the term should be looked at and try to make this something more economical for the City's TIF district. He would like to see the agreement go back for revisions. Alderman Milschewski agrees with Alderman Funkhouser. Alderman Spears is in agreement with the Council's comments. Alderman Colosimo made a motion to table this to the next City Council meeting for further discussion; seconded by Alderman Kot. 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, Frieders-aye The Minutes of the Regular Meeting of the City Council — August 13, 2013 — Page 3 of 4 PUBLIC SAFETY COMMITTEE REPORT Ordinance 2013-49 Adopting License Regulations for Pawnbrokers and Resale Dealers (PS 2013 -08) Alderman Colosimo make a motion to approve an ordinance adopting license regulations for pawnbrokers and resale dealers, and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Colosimo does not approve of this ordinance and will vote no. Alderman Kot considers this an ordinance that needs to be passed. Alderman Funkhouser will be supporting this ordinance. Alderman %- Teeling agrees with Alderman Kot and Alderman Funkhouser. Alderman Frieders will vote yes . Motion approved by a roll call vote. Ayes-7 Nays- 1 Spears-aye, Colosimo-nay, Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye ADMINISTRATION COMMITTEE REPORT Ordinance Amending the Code of Ordinances Regarding a Garbage Pick Up Surcharge Discount for Seniors (ADM 2013 ) Alderman Spears made a motion to direct staff to mail a letter to each senior garbage account in the City listing the dates where the ordinance would be first read and voted on and a description of the proposed increase; seconded by Alderman Koch. Alderman Kot clarified this motion authorizes staff to send out letters to the senior citizens advising them that the Council i s looking at this ordinance. Alderman Colosimo understands the ordinance modification affects only seniors but thinks this is a City wide issue. It should go out to all residents. Alderman Koch asked if there was a plan for a public hearing. Mayor Golinski stated this will be an open discussion with citizen comments. Alderman Frieders agrees with Alderman Colosimo and Mayor Golinski . Alderman Colosimo made a motion to amend the motion to read that all residents will be sent notice by the City, not just the seniors; seconded by Alderman Milschewski. Mayor Golinski stated roll call on the amendment. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye Mayor Golinski called for a roll call vote on the amended motion. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye PARK BOARD No report. PLAN COMMISSION Priority Health Annexation and Zoning (PC 2013 -04 and PC 2013 -05) a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning Mayor Golinski made a motion to table this item to the August 27, 2013 City Council meeting. So moved by Alderman Milschewski; 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, Frieders-aye, Spears-aye, Colosimo-aye Raintree Village Amendment to the Amended Annexation and PUD Agreement (PC 2013 - 11 ) Ordinance 2013-50 Authorizing the Execution of an Amended Annexation and PUD Agreement Mayor Golinski entertained a motion to approve an ordinance authorizing the execution of an amended annexation and PUD agreement, and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser, I I I i The Minutes of the ReLyular Meeting of the City Council — August 13, 2013 — Page 4 of 4 I Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-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 No report. STAFF REPORT No report. ADDITIONAL BUSINESS Closure of Van Emmon Alderman Milschewski asked if there was an estimate of how long Van Emmon Street would be closed. Public Works Director Dhuse answered Alderman Milschewski's q uestion. Bridge Department Alderman Koch and Public Works Director Duhse discussed the bridge . It was not part of the contract, but since the road was closed, the stated thought there was no better time to repair the bridge. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of �. 1 . For litigation. 2 . Employment. So moved by Alderman Milschewski; seconded by Alderman Colosimo. 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, Frieders-aye The City Council entered Executive Session at 7 : 36 p .m. The City Council returned to regular session at 8 :42 p.m. Mayor' s Report (cont' d) : Approval of a Settlement Agreement (CC 2013 -54) Mayor Golinski entertained a motion to approve a settlement agreement with Travelers, Wiseman, Windett Ridge, and Ryland and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Frieders . Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski announced meeting adjourned. Meeting adjourned at 8 :43 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois I i 1 1 2 3 4 5 6 UNITED CITY OF YORKVILLE 7 YORKVILLE , ILLINOIS 8 9 CITY COUNCIL MEETING 10 PUBLIC HEARING 11 12 13 14 800 Game Farm Road 15 Yorkville , Illinois 16 17 18 Tuesday , August 13 , 2013 19 7 : 00 p . m . 20 21 22 23 24 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 2 1 PRESENT : 2 Mr . Gary Golinski , Mayor ; 3 Mr . Carlo Colosimo , Alderman ; 4 Mr . Ken Koch , Alderman ; 5 Ms . Jackie Milschewski , Alderman ; 6 Mr . Larry Kot , Alderman ; 7 Mr . Joel Frieders , Alderman ; 8 Ms . Rose Ann Spears , Alderman , 9 ( telephonically ) ; 10 Mr . Chris Funkhouser , Alderman ; 11 Ms . Diane Teeling , Alderman . 12 13 ALSO PRESENT : 14 Mr . Bart Olson , City Administrator , 15 Ms . Beth Warren , City Clerk , 16 Ms . Kathleen Field Orr , City Attorney . 17 . . . . . 18 19 20 21 22 23 24 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 3 1 ( WHEREUPON , the following 2 proceedings were had in 3 public hearing : ) 4 MAYOR GOLINSKI : We do have a public 5 hearing , so I will open a public hearing for 6 PC 2013 - 07 , a Second Amendment to that certain 7 Amended Annexation Agreement and Planned Unit 8 Development Agreement , ( Grande Reserve 9 Subdivision ) , dated January 30 , 2010 , by and 10 among Grande Reserve ( Chicago ) ASLI , L . L . L . P . , 11 ( Owner ) , an Illinois Limited Liability Limited 12 Partnership , and the United City of Yorkville , 13 Kendall County , Illinois , for the purpose of 14 restating the transition fees for School District 15 Number 115 and providing for its collection at 16 time of building permit issuance . 17 Is there anyone from the public who 18 would like to comment on this annexation 19 agreement amendment ? 20 ( No response . ) 21 MAYOR GOLINSKI : Anyone from the City 22 Council ? 23 ( No response . ) 24 MAYOR GOLINSKI : Hearing none , I will 'itosh Reporting Service 815 . 99392832 cros . vitosh @gmail . com 4 1 close the public hearing PC 2013 - 076 2 ( Which were all the 3 proceedings had in the public 4 hearing portion of the 5 meeting . ) 6 - - - 000 - - - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 5 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M . Vitosh , a Certified Shorthand 4 Reporter , do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing , Pages 1 through 5 , inclusive , is a 7 true , correct and complete computer - generated 8 transcript of the proceedings had at the time and 9 place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof , signed and certified under my 13 hand only . I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof , I have hereunto set 17 my hand this 21st day of August , A . D . , 2013 . 18 19 20 Christine M . Vitosh , CSR Illinois CSR No . 084 - 002883 21 22 23 24 Vitosh Deporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 6 0 applies 11] - 5: 11 fees [1] - 3: 14 M S ASLI [1] - 3 : 10 Field [1] - 2: 16 assume [1] - 5: 13 following [1] - 3: 1 084-002883 [1 ] - 5:20 Attorney 11] - 2: 16 foregoing [1] - 5:6 Mayor (1] - 2:2 School [11 - 3: 14 August [2] - 1 : 18, 5: 17 Frieders [1] - 2:7 MAYOR [3] - 3:41 3:21 , Second [1] - 3:6 1 Funkhouser [1] - 2: 10 3:24 set [1] - 5: 16 B meeting [1] - 4:5 Shorthand (1] - 5: 3 MEETING [1] - 1 :9 signed [1] - 5: 12 1 [1] - 5:6 G M[Ischewski [1 ] - 2:5 Spears [1] - 2: 8 115 [1] - 3: 15 Bart [1 ] - 2: 14 SS [1] - 5: 1 13 [1] - 1 : 18 Beth (1] - 2: 15 Game [1] - 1 : 14 N STATE [1] - 5: 1 building 11] - 3: 16 Gary [1] - 2:2 Subdivision (1] - 3:9 2 generated [1] - 5:7 C Golinski [1] - 2:2 none (1] - 3:24 T 2010 [1] - 3:9 GOLINSKI [3] - 3:42 Number [1] - 3: 15 2013 [2] - 1 : 187 5: 17 Carlo [1] - 2:3 3:21 , 3:24 2013-0712] - 3:61 4: 1 Grande [2] - 3:8 , 3: 10 O Teeling [11 - 2: 11 certain (1] - 3:6 telephonically [1] - 21 st (1] - 5: 17 certificate [1] - 5: 10 2:9 certification 1 - 5: 16 H OF (3] - 1 :6, 5: 1 , 5:2 [ ] thereof [2] - 5: 12 , 5: 16 3 Certified 11] - 5:3 Olson [1] - 2: 14 transcribed [1] - 5:4 certified 11] - 5: 12 hand [2] - 5: 13, 5: 17 open [1] - 3:5 transcript [z] - 5:81 30 [1] - 3: 9 certify [2] - 5:41 5: 10 HEARING [1] - 1 : 10 original (1] - 5: 11 5: 11 Chicago 1 - 3: 10 hearing p] - 3:3, 3:5, Orr [1] - 2 : 16 9 [ 1 9 transition [1i - 3: 14 5 Chris (1] - 2: 10 3:24, 4: 1 , 4:4 , 5: 5 Owner [1] - 3: 11 true 11] - 5:7 Christine [2] - 5:31 hereby [1] - 5:4 Tuesday [1] - 1 : 18 5:20 hereto [1] - 5: 11 P 5 (1] - 5:6 CITY (2] - 1 :61 1 :9 hereunto (1] - 5: 16 U City (5] - 2: 14, 2: 151 I p.m [1] - 1 : 19 7 2: 16 , 3: 12, 3:21 Pages - 5:6 under (2] - 5: 12, 5: 14 Clerk [1] - 2: 15 Partnership [1 1] - 3: 12 close [1] - 4: 1 Unit [1] - 3:7 7:00 [1] - 1 : 19 ILLINOIS (21 - 1 :7, 5: 1 PC [21 - 3:61 4: 1 UNITED 11] - 1 :6 collection [11 - 3: 15 permit [1] - 3: 16 Colosimo [1] - 2: 3 Illinois (a] - 1 : 15, 3: 11 , United [1] - 3: 12 $ 3: 13, 5:20 place (1] - 5:9 comment [1] - 3: 18 1 Planned inclusive [1 ] - 5:6 I ] - 3:7 complete [1] - 5:7 V 800 [1] - 1 : 14 computer [11 - 5:7 issuance [1] - 3: 16 portion 11] - PRESENT (2]1 - 2: 1 , computer-generated J 2: 13 Vitosh [2] - 5:39 5:20 A [1] - 5:7 proceedings [41 - 3:2, control [1] - 5: 15 4:3, 5:5, 5 :8 W copies (2] - 5: 12, 5: 14 Jackie [1] - 2:5 providing (1 ] - 3: 15 A. D [1] - 5: 17 correct [1] - 5:7 January :9 ry 11] - pubic [1] 5: 5 accuracy [1] - 5: 14 COUNCIL [1] - 1 :9 Joel 111 - 2:7 PUBLIC [1] - 1 : 10 Warren [1] - 2: 15 Administrator Ill - Council [1] - 3:22 WHEREUPON 11] - 2: 14 public (6] - 3:3, 3:41 County [1] - 3: 13 �( 3:5, 3: 17, 4: 1 , 4:3 3. 1 aforesaid [1 ] - 5:9 COUNTY (1] - 5:2 purpose ( , - 3: 13 4: Agreement [2] - 3:71 CSR [2] - 5:20, 5:20 y 3:8 Kathleen [1] - 2: 16 R agreement [1] - 3: 19 p Ken [1] - 2:4 Alderman [6] - 2:31 Kendall [1] - 3: 13 YORKVILLE [2] - 1 :61 2 :4, 2:5, 2:6, 2:71 Koch [1] - 2:4 Reporter [1 ] - 5:4 1 '7 2 :8, 2: 10, 2: 11 dated (1 ] - 3:9 Kot [1] - 2:6 reproduced [1] - 5: 14 Yorkville [2] - 1 : 15, ALSO (1] - 2: 13 Development [1] - 3:8 Reserve [2] - 3:8, 3: 10 3: 12 Amended [1] - 3:7 Diane [1] - 2: 11 L response [2] - 3:20, Amendment [1] - 3:6 direction [1] - 5: 15 3 :23 amendment [1] - 3: 19 District 11] - 3: 14 responsibility [1] - Ann [1] - 2:8 L.L.L. P [1] - 3: 10 Annexation 11] - 3:7 F Larry [1] - 2 :6 restating LASALLE [1] - 5:2 [1] - 3: 14 Road annexation [1] - 3: 18 Road [1] - 1 : 14 annexed [1] - 5: 10 Liability [1] - 3: 11 Farm [1] - 1 : 14 Limited [2] - 3: 11 Rose [1] - 2:8 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com REGULAR CITY COUNCIL MEETING .1 Wj .' i / . 6, D PLEASE PRINT NAME: SUBDIVISION OR BUSINESS : 5 0 A// L-P Lfi ' IY4 A/ V �V/�/� T7 /po Lop SIGNIN