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City Council Minutes 2013 09-10-13 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, SEPTEMBER 10, 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 11 Milschewski Present Kot Present Ward III Funkhouser Present Frieders Present Ward IV Spears Present Teeling Present Also present: Deputy City Clerk Pickering, City Attorney Orr, City Administrator Olson, Chief of Police Hart, Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble, EEI Engineer Sanderson, 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 None. MINUTES FOR APPROVAL None. BILLS FOR PAYMENT (Informational) : $513 , 678 .73 REPORTS MAYOR' S REPORT Resolution 2013-16 of Support for State Funding of the Northern Route 47 Corridor (CC 2013 -62) Mayor Golinski entertained a motion to approve a Resolution of Support for State Funding of the Northern Route 47 Corridor and authorize the Mayor and City Clerk to execute . So moved by Alderman Kot; seconded by Alderman Funkhouser. Motion approved by a roll call vote . Ayes-8 Nays-0 Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye PUBLIC WORKS COMMITTEE REPORT Kendall Marketplace Infrastructure (PW 2013 -36) A motion was made by Alderman Teeling to engage Geneva Construction to complete public improvements in an amount not to exceed $64,788 .05 and to complete private improvements in an amount not to exceed $52,476 . 10, as described in the memo dated September 3 , 2013 from EEI Engineer Sanderson; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council — September 10 2013 — Pa2e 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 A motion was made by Alderman Teeling to approve the proposal from Encap to complete necessary work on the detention basin in an amount not to exceed $52,235 . 00 and authorize staff to execute; seconded by Alderman Frieders . Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye 2013 Road to Better Roads Program a. Contract Award for NOT Work b. Contract Award for Non-MOT Work (PW 2013 -38) A motion was made by Alderman Teeling to award the contract for MFT funded portion of the 2013 Road to Better Roads Program to D Construction, Co., in an amount not to exceed $232,028 . 67 and to award the contract for the non-MFT funded portion of the 2013 Road to Better Roads Program to D Construction, Co ., in an amount not to exceed $454,955 . 16 ; seconded by Alderman Colosimo . Alderman Spears said that she had received many complaints about the last job that D Construction had worked on in Yorkville and she said that she would like to go with the second highest bidder. Alderman Spears asked Public Works Director Dhuse if there had been problems with the paving work that D Construction had performed on Van Emmon. Director Dhuse explained that the paving that had been done on Van Emmon was meant to be temporary paving, as the paving would be torn up a few more times before the Route 47 widening project was complete. Motion approved by a roll call vote. Ayes-7 Nays- 1 Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Spears-nay, Funkhouser-aye, Milschewski-aye, Koch-aye 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) A motion was made by Alderman Koch to approve an Ordinance Approving the Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Frieders mentioned that the September Economic Development Committee (EDC) meeting had been cancelled and he felt that this item should be tabled back to EDC so that the committee could discuss it. Alderman Colosimo commented that changes were made to the agreement to pay the costs out of the TIF fund rather than the general fund; however, he still feels that an 80/20 split of the costs is disproportionate as this is not something that the city has to do . He feels that 80 percent of the cost is too high for the city to pay for a project that is being requested by a developer who feels that the power lines should be buried because they are unsightly. Alderman Colosimo understands that the money will come out of the TIF funds; however, there may be work that will need to be done on the east side of Route 47 that the TIF funds could be used for. A motion was made by Alderman Frieders to table this item and bring it back to the Economic Development Committee for further discussion; seconded by Alderman Colosimo. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — September 10 2013 — Page 3 of 5 PARK BOARD No report. PLAN COMMISSION 1100 McHugh Road (Occhipinti) Request for Annexation and Zoning (PC 2013 -09 and PC 2013 - 10) Mayor Golinski stated that this request had been withdrawn by the petitioner, so no further action was needed. Ordinance Approving the First Amendment to the Annexation Agreement of Yorkville Farms Development — Prestwick of Yorkville Subdivision (Yorkville Christian School) (PC 2013 - 12) Ordinance Approving the Resubdivision of Lot 358 of the Prestwick Unit 1 Final Plat of Subdivision (Yorkville Christian School Subidivison) (PC 2013 - 13 ) Mayor Golinski entertained a motion to approve an Ordinance Approving the First Amendment to the Annexation Agreement of Yorkville Farms Development — Prestwick of Yorkville Subdivision (Yorkville Christian School) and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Attorney John Philipchuck spoke on behalf of the petitioners, John and Michelle Stewart. He said that there were still a few issues to be worked out in regards to the amendment to the annexation agreement and the approval of the final plat. One issue that remains is determining the value of an improved acre of land. He said that the city had an appraisal conducted in 2012, which gave a dollar amount of $30,000 per acre and the petitioners had an appraisal conducted in 2013 , which gave a dollar amount of $25 ,000 per acre of land. City ordinance lists a dollar amount of $ 101 ,000 per acre and staff has recommended a dollar amount of $58,000 for this subdivision. Attorney Philipchuck said that he hopes that the developer and the city are close to agreeing on a dollar amount as the developer has an appraisal which lists $25 , 000 per acre and the city has an appraisal which lists $30,000 per acre . Attorney Philipchuck said that there is also an issue that relates to the final plat for the subdivision. He said that the city staff is recommending that the final plat be approved subject to the comments of the city engineer. The city engineer is recommending that the developer put in an off-site storm sewer to drain to the south of the property. In order to accommodate this storm sewer pipe, the developer would need to have the city acquire the necessary easements from the Block family. Attorney Philipchuck said that the Block family requested that the storm sewer be put in to eliminate any nuisance flows coming onto their property so he thinks it is only fair for the Block family to donate the necessary easements to city. He said that easements will also need to be acquired for the roadway improvements . Administrator Olson said that he wanted to clarify a few items for the City Council. He said that there are two ways to negotiate the land cash value. The first would be for the city to have an appraisal conducted to determine the value of an improved acre of land. Once the appraisal has been conducted, the City Council could approve an ordinance setting the land cash value. The adopted land cash value could then be applied to every piece of property. The second is for the City Council to negotiate a land cash value in the annexation agreement and to negotiate the timing of the payments. The land cash payments could be negotiated to be paid out in thirds, such as one-third being paid after credit is given for the parking lot paving, one-third being paid a year from the time of approval of the final plat, and the remaining third being paid two years from the time of approval of the final plat. Administrator Olson said that it might be advantageous to accept a lower dollar amount now, and to have the amount paid to the city in thirds, in a timely manner, rather than accepting a higher dollar amount that is paid out over a longer length of time. Alderman Colosimo said that he thinks that the land cash value of $ 101 , 000 that was set by ordinance in 2006 is not the current value of an acre of improved land and he thinks that the city should have a justification for the amount that it is using. Alderman Funkhouser said that he would like to be proactive and to work with the developer. He doesn 't think that the developer wants to wait while the city conducts another appraisal . Alderman Funkhouser thought that the city should use the $30,000 value from the 2012 appraisal so that the city could come to an agreement with the developer. Alderman Koch asked if the city negotiated a land cash value that was lower than the $ 101 ,000 approved in 2006, would that set a precedent for future developments . Administrator Olson said that the practice has been to negotiate when each annexation agreement comes through. Attorney Orr stated that the City Council can include any terms in the annexation agreement, as long as the terms are not prohibited by law. Administrator Olson said that the agreement sets the park contribution at ten acres. The development will have donated approximately six and a half acres, which leaves three and a half acres remaining. The City Council is negotiating the value of those three and a half acres of land. The Minutes of the Regular Meeting of the City Council — September 10 2013 — Page 4 of 5 Alderman Frieders said that he would like the project to move forward, so he would like to negotiate a dollar amount for land cash now, with the money being paid to the city in thirds and then the city could look at doing an appraisal later. Alderman Colosimo said that he doesn't want to see this development held up by the city taking time to get an appraisal. He would like to see the council negotiate a number right now through the agreement and then start the appraisal process for future projects. Alderman Colosimo said that he thinks that the 2012 appraisal that gave a dollar amount of $30,000 is much more in the ballpark than the dollar amount of $ 101 , 000 from the 2006 appraisal. Mayor Golinski asked Attorney Philipchuck if his client would be agreeable to a land cash value of $30,000 with the payments being made in thirds. Attorney Philipchuck said that his client would agree to those terms . A motion was made by Alderman Colosimo to amend the amended Exhibit C, Iteml la to read: Value per acre - $30,000 and the rest of the notation be stricken; seconded by Alderman Teeling. Motion to amend 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 Alderman Colosimo asked that the City Council discuss the drainage issues further before the City Council votes on the amended annexation agreement and final plat. He said to implement the fix that the city engineer is requesting requires an easement from the Block family and he said that he would like to hear from either the Block family or their attorney on this issue. Attorney George Mahoney spoke on behalf of the Block family and said that he would like to meet with the Mayor and city staff to try to work something out. Attorney Mahoney also mentioned that the Block family was very concerned about safety along Route 126 . He said that this project is proposing to build a school that is projected to hold 850 students, who will be turning off of Route 126 to enter this development. Attorney Mahoney passed out copies of the editorial that was printed in the September 5 , 2013 edition of the Kendall County Record. This editorial called on the Kendall County Board and other local governmental agencies to adopt resolutions urging IDOT to improve the safety on Route 126 . Additionally, he said that the Block family had an engineering firm review the traffic study and their engineer was recommending several additional turn lanes to help improve safety. Engineer Jeff Julkowski from Christopher Burke Engineering spoke to the City council and said that his firm had reviewed the traffic report and had recommendations for additional improvements to be added for safety. He said that on Ashley Road, based on the traffic numbers, they are recommending adding a southbound right turn lane into the development and also a northbound left turn lane into the development from Ashley to help make the traffic flow smoother. He also said that on Route 126, westbound left turn lanes are already recommended in the traffic report at both Penman and Ashley Roads; however, they are recommending that eastbound right turn lanes into the site at both roads would also be warranted, not just based on traffic, but also from a safety issue given how fast traffic flows on Route 126 . He said that it would be much safer to have dedicated turn lanes to remove the turning cars from the fast moving traffic on Route 126 . City Engineer Sanderson clarified a few of the items that had been discussed. He said that the storm sewer recommendations are being given to try to avoid the nuisance flow of storm water onto the Block' s property. He said that the recommendations for an off-site storm sewer were originally given in 2005 during the review of the preliminary engineering plans for this site. He further explained that putting in the off-site storm sewer does require cooperation from the adjacent property owners, so that an easement can be acquired. Engineer Sanderson said that in regards to the traffic study report, as it relates to Route 126, that those improvements will be dictated by IDOT. He said that he has not seen any comments come back from IDOT regarding the traffic study. Attorney Philipchuck said that he also wanted to make sure that everyone understood that Ashley Road is a prescriptive roadway, which means that the owners on both sides own the road and that the land is subject to an easement for roadway purposes. He said that in regards to the off-site storm sewer, the developer is proposing to go within that prescriptive right-of-way; they are not proposing to cut through the farm property for the storm sewer. Additionally, Attorney Philipchuck mentioned that back in July and August of 2006, two letters were sent to Attorney Dallas Ingemunson, who was the Block attorney at the time . Both letters specifically talked about the easements that would be needed to handle the stormwater that would be coming from the Prestwick development. Attorney Philipchuck said that back in 2006, the storm sewer was included in the Phase 2 development and there was not an immediate need at that time; however, now it has become an issue and there is an immediate need to acquire the easements for the storm sewer. He said that the easements have been prepared and are ready to go if the Block family agrees to grant the necessary easements. Attorney Philipchuck also mentioned that with the recommendations on the safety issues, if more room is needed to provide for the additional safety measures, he hopes that the Block family will cooperate if an easement is needed for a little more right- of-way, especially at the intersections. He said that if city staff facilitates a meeting, he would like to sit down and discuss the necessary easements with the Block' s attorney. Attorney Mahoney said that he is willing to meet with staff and Attorney Philipchuck before the next City Council meeting. The Minutes of the Regular Meeting of the City Council — September 10 2013 — Page 5 of 5 Mayor Golinski entertained a motion to table both Prestwick ordinances to the September 24, 2013 City Council meeting. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion to table approved by a roll call vote . Ayes-8 Nays-0 Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye, Frieders-aye, Kot-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK' S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS Hometown Days Mayor Golinski reported that the Hometown Days festival was rained out on Friday night and most of the Sunday. He said that the city staff was incredible and had a lot to contend with this year to keep the festival running in light of all of the rain. Senior Services Fashion Show Mayor Golinski reported that Senior Services would be hosting a fashion show on Sunday, September 15 , 2013 and that he would be modeling attire from Marshalls . He invited everyone to attend the event. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into executive session for the discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semiannual review of the minutes and also 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 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 The City Council entered executive session at 8 :25 p.m. The City Council returned to regular session at 8 : 54 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 : 55 p .m. 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