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City Council Minutes 2013 06-11-13 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVIILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY, JUNE 11 , 2013 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 II Milschewski Present Kot Present Ward III Funkhouser Present Frieders Present Ward IV Spears Present (via telephone) Teeling Present Also present: Deputy City Clerk Pickering, City Attorney Orr, Attorney Gardner, City Administrator Olson, Chief of Police Hart, Deputy Chief of Police Klingel, Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble, Director of Parks and Recreation Schraw, EEI Engineer Freeman, and Administrative Intern Weckbach. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Ordinance 2013-38 — Approving a Third Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) — authorize Mayor and City Clerk to execute (EDC 2013 -23 ) 2 . First Amendment to a Development Agreement for Janice L. Van Riper (708-710 North Bridge Street) — authorize Mayor and City Clerk to execute (EDC 2013 -25) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Milschewski; seconded by Alderman Kot. Motion approved by a roll call vote . Ayes-8 Nays-0 Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minutes of the Special City Council meeting of May 16, 2013 . So moved by Alderman Spears; seconded by Alderman Colosimo. Motion unanimously approved by a viva voce vote. BILLS FOR PAYMENT (Informational) : $721 , 839 . 18 REPORTS MAYOR' S REPORT Appointment of Director of Parks and Recreation (CC 2013 -44) Mayor Golinski entertained a motion to approve the appointment of Laura Schraw as the Director of Parks and Recreation. So moved by Alderman Frieders; seconded by Alderman Kot. The Minutes of the Regular Meeting of the City Council — June 11 , 2013 — Page 2 of 5 Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye Ordinance 2013-39 Amending the Garbage Surcharge in Compliance with the Collection Services Agreement Entered Into Between the United City of Yorkville and Advanced Disposal Services Solid Waste Midwest, LLC Formally Veolia ES Solid Waste Midwest, LLC (CC 2013 -45 ) Mayor Golinski entertained a motion to approve an Ordinance Amending the Garbage Surcharge in Compliance with the Collection Services Agreement Entered Into Between the United City of Yorkville and Advanced Disposal Services Solid Waste Midwest, LLC Formally Veolia ES Solid Waste Midwest, LLC and authorize the Mayor and City Clerk to execute. So moved by Alderman Teeling; seconded by Alderman Koch. Motion approved by a roll call vote . Ayes-8 Nays-0 Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye Ordinance 2013-40 Amending the Code of Ordinances Providing for Liquor Control (PS 2013 - 16) Mayor Golinski entertained a motion to approve an Ordinance Amending the Code of Ordinances Providing for Liquor Control and authorize the Mayor and City Clerk to execute . So moved by Alderman Funkhouser; seconded by Alderman Koch. Alderman Colosimo was concerned that the city had already approved increasing the number of Class A liquor licenses for two other businesses that had proposed to open coffee house / video gaming establishments . The other two businesses have not opened yet, and he said that he was hesitant to approve another license for a similar type of establishment until the city could see how the concept would work. Alderman Kot felt it wasn't fair to the new business to not approve the request to increase the number of Class A licenses that were available, just because the other two businesses were not open yet. Alderman Colosimo said that his concern was due to the gambling part of the proposed business. Alderman Koch questioned Chief Hart as to whether the city had experienced any problems with the video gaming machines that were in operation at Rosati ' s Pizza. Chief Hart responded that the police department had not experienced any problems with the video gaming machines at Rosati ' s Pizza. Motion approved by a roll call vote. Ayes-7 Nays- 1 Frieders-aye, Kot-aye, Colosimo-nay, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye Rowdy's Bar and Grill (210 S. Bridge Street) License Agreement for Proposed Deck Installation in Public Right-of-Way (CC 2013 -46) Mayor Golinski entertained a motion to approve the granting of a license for fourteen days to TCB 123 , LLC to construct a deck over the City' s alleyway directly east of Rowdy' s on the following conditions : TCB 123 , LLC indemnifies the City from all potential liability; drawings are submitted to the City Council for approval; and a license agreement is approved by the City Council with such terms and conditions as deemed necessary by the City Attorney. So moved by Alderman Teeling; seconded by Alderman Spears. Alderman Kot asked if the City Council approved this request, would it set a precedent for any other business that would want to get a similar request approved. Attorney Orr said that it would not, as this situation is a unique circumstance and the city would be telling them if you need to start, then start, but you start at your own risk. She said that if the City Council decides in two weeks that they don 't want to approve this, then Rowdy' s would have to take the deck down. Alderman Koch mentioned that an email had been received from Kathy Farren, from the Kendall County Record, who was concerned about the city' s failure to notify the other businesses that use the alley and parking lot. Administrator Olson said that the city is allowed to approve a license agreement to permit someone to build on city property. A license agreement does not require approval by the Zoning Board of Appeals nor is there a state legal requirement regarding notification to surrounding property owners . The Minutes of the Regular Meeting of the City Council — June 11 , 2013 — Page 3 of 5 Alderman Colosimo said that when you purchase property you get a plat of survey, so you know exactly what you are purchasing before you buy property. He doesn't think that the City Council has any justification in allowing any business to encroach into the alley to the point that the city has to re-route the alley and make it a different shape and then give an easement around a water main that has been known to break. Administrator Olson said that Rowdy' s originally planned to build the proposed deck to their property line only; however, when the city told them that the city needed five feet of easement on either side of the water main, it shrunk the size of their deck to the point that they are not sure if it makes sense for them to build a deck, as the cost might outweigh the benefit. Alderman Milschewski said that the email from Kathy Farren mentioned that years ago, those businesses located on the East side of Route 47, donated land behind their businesses to the city (see attached) . She said that with the Route 47 widening taking place, more businesses might consider flipping their main entrances to the rear side of the buildings . She wondered if the city would want to consider giving a little of the property that had been donated back to all of the businesses that donated, so that if they did upgrade the rear side of their buildings, they wouldn't be on city property. Administrator Olson said that the ideal solution would probably be to look at the entire block and decide where the alleyway and parking areas should be . He said that would be nice to shift the entire alleyway about thirty feet to the east. Alderman Kot said that he likes to support local businesses; however, he feels that this issue needs more discussion and he would also like to get input from the neighboring businesses. He thinks that this issue is too important to rush through. Alderman Colosimo made a motion to table this item to the Economic Development Committee; seconded by Alderman Koch. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD OSLAD Grant Application for Bristol Bay Park for FY 14 (CC 2013 -47) Mayor Golinski entertained a motion to authorize staff to proceed with an OSLAD grant application for Bristol Bay 65 Park for Fiscal Year 2014 . So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Alderman Colosimo said that he has a problem with the cost of the park and with the proposal to add a skate park element to the park. He feels that skate parks are a high liability for the city and he doesn't like the cost estimate of building the skate park. This proposal shows a city cost of $ 183 , 000 . He said that if the city could get the cost of the proposed park reduced so that it can be completed without using city funds, he could support it. Alderman Funkhouser said that the skate park is a very large component of the proposed park design . He said that when he looks at the needs assessment that the city has for parks and recreation, the city has previously been able to address several of the items on the list. Alderman Funkhouser doesn't recall that a skate park is a high need item and he feels that the skate park has a very large price tag for a low use element. He said that he supports applying for grants when city has the financial ability to cover the city' s portion of the costs. He would like to see the proposed plan reduced down to $400,000, which is the amount that the grant would cover if the city is awarded a grant. Director Schraw mentioned that there are three to four parks in town that have what is considered a skate park node, which is a smaller skate park element than what is being proposed for the Bristol Bay park. Skate park nodes are used but they are not used as much as a large skate park would be . She said that she receives five to ten requests a year from kids asking for the city to build a large skate park. She also hears from parents who have to drive their children to other towns for them to be able to use a larger skate park. The Minutes of the Regular Meeting of the City Council — June 11 , 2013 — Page 4 of 5 She said that the only other park request that she receives more calls about are from residents asking for a dog park. Director Schraw said that the Bristol Bay park location is a good location to have a large skate park, as it is located away from homes, so the noise from the skate park will not bother residents . She also mentioned that large skate parks are considered to be a strong element to help grant proposals . She said that if the decision is made to cut back on some of the elements, the city' s grant application may not have enough elements included to get a state grant. Alderman Kot said that he doesn't have a problem with the plan itself, his concern is the money. He asked if the city applies for the grant and receives it, could the city decline the grant if the City Council - decides that the city' s financial situation doesn't merit moving forward. Administrator Olson said that the city could decline a grant; however, that would result in a two year ban from applying for OSLAD grants. Alderman Milschewski asked if a dog park would be an element that we would help the city' s grant proposal. Director Schraw said that she would have to call the state and check. She mentioned that a dog park at this location would have to be fenced, which would be an additional expense . Alderman Milschewski asked is Director Schraw thought that it would cost $230,000 to fence a dog park. Director Schraw thought it would be less than that, but she didn't know where a dog park would rank in the system. Alderman Colosimo asked if the state was promoting skate parks and that is why the city would receive more points for a skate park. Director Schraw said that the skate park ranking is based on your population; you are supposed to have one skate park per 5 , 000 residents . The state considers Yorkville as having no skate parks as the state doesn't count skate nodes as a skate park. She said that you get different points for adding different items to your parks . She said that is why they added the fishing pier and boat launch to the Riverfront Park grant application as those items helped the city' s grant application rank really high. Alderman Frieders asked if the $83 , 000 for improvements for the detention basin would help the grant application or is it just something that the city is obligated to do . Director Schraw said that the detention basin is something that city is already obligated to do and if the city includes some native restoration for the detention basin, it would be an added benefit to the city' s grant application. She said that if the City Council wants to reduce the proposed project down to $400, 000, she could remove the native landscaping and the trail from the proposal, and she could also reduce the skate park by five or ten thousand dollars so that the city would be at $400,000 for the estimated cost of the park. Alderman Colosimo asked if the city could remove the trail, but keep the detention basin, since the city is obligated to do the basin either way. He said that if the City Council set the amount of the project at $400,000 plus the cost of the basin, which was estimated to be $ 85 ,000, then the project would be budget neutral. Alderman Colosimo made a motion to table the proposal to the June 13t` Park Board meeting with the authorization from the City Council to apply for the grant not to exceed $485 ,000 ; seconded by Alderman Kot. Motion approved by a roll call vote . Ayes-7 Nays- 1 Colosimo-aye, Spears-nay, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye, Kot-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 Required Reporting to Municipality by the Police Pension Fund Board (CC 2013 -42) Administrator Olson said that the report was included in the packet; however, he wanted to highlight that the city has exceeded last year' s actuarial requirements, which means that the city has met its ' current obligations and is paying down its ' past obligations . COMMUNITY & LIAISON REPORT No report. The Minutes of the Regular Meeting of the City Council — June 11 , 2013 — Page 5 of 5 STAFF REPORT No report. ADDITIONAL BUSINESS Parking Near Riemenschneider Park Alderman Colosimo said that he had received a complaint from a Ward IV resident about the parking near the ball field located at Riemenschneider Park. He explained that there are parking spaces that are striped on McHugh Road by the ball field; however, the resident said that when the ball games take place, cars start parking outside of the striped areas on McHugh, where the road narrows, and it becomes difficult for two cars to get past the part of the street that is not striped. Alderman Colosimo suggested that the city step up enforcement efforts near the park. Raintree SSA Refinancing Mayor Golinski announced that the SSA Refinancing for Raintree Subdivision, Unit 1 went through, so the residents in Unit 1 will be seeing savings next year of approximately $231 .00 for single family homes and $ 189 .00 for duplexes . EXECUTIVE SESSION Mayor Golinski entertained a motion to go into executive session for litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Colosimo ; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye The City Council entered executive session at 8 : 04 p .m. The City Council returned to regular session at 8 :49 p.m. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Kot; seconded by Alderman Teeling. Motion unanimously approved by a viva voce vote . Meeting adjourned at 8 : 50 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk, City of Yorkville, Illinois Print Page 1 of 1 Subject Deck in the east alley From: Kathy Farren (kfarren @kendallcountyrecord.com) To: ggolinski@comcast.net; Ikot @yorkville.il.us; jackie2ward @sbcglobal.net; i Date: Tuesday, June 11 , 2013 1 :23 PM II i I'm writing to let you know Jeff and I have some concerns about the proposed deck behind Rowdy's that would extend into the east alley downtown. Our concern is that it is going to block what is a public thoroughfare and create a hazard. Drawings included in the packet for tonight's meeting show traffic moving at an angle at both ends of the deck. We are concerned that this will make passage through the alley and the approach to the railroad tracks very tricky- particularly in winter. Another concern is the lack of notice about this proposal. We thought that building up to a property line- let alone across it- required approval of the Zoning Board of Appeals. That would have required notice being sent to other property owners that use the east alley. As it is, we didn't know anything about this until I happened to look at the agenda on Friday for tonight's meeting. Many years ago, those who owned buildings on the east side of Route 47 owned the property behind those buildings back to the creek. In the early 1970's, the city asked all of us to donate that land to the city so a public alleyway could be guaranteed. If the city gives up part of that land, what would prevent other businesses from also building into it? The city required another downtown property owner to purchase alley space before building on it. Please understand we have no problems with Rowdy's. The food is good and we are happy to have a going business on our block. It's just building over the public alley- and the city's failure to notify other businesses that use the alley and parking lot- that have us concerned. Kathy Farren Kendall County Record i ittn-/his-mg205_mail _vahoo.com/neo/launch?.partner=sbc&.rand=cksuttlm6bn39 6/11/2013 REGULAR CITY COUNCIL MEETING June 11, 2013 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: �p w � » � �rk Stiv, Met ,�� � T►�