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City Council Minutes 2013 10-22-13 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, OCTOBER 22, 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 Absent Kot Present Ward III Frieders Present Funkhouser Present Ward IV Spears Present Teeling Present (Arrived at 7 : 04) 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 Alderman Colosimo requested that Item #2 on the consent agenda, Blackberry Woods Letter of Credit Reduction (PW 2013 -48), be moved to the regular agenda under the Public Works Committee Report. Amendment approved unanimously by a viva voce vote . - PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Bristol Avenue Water Main Improvements — Change Order # 1 — authorize Mayor to execute (PW 2013 -47) 2 . Cannonball Trail LAFO Project (PW 2013 -49) a. Engineering Services Agreement — authorize Mayor and City Clerk to execute b. MFT Resolution 2013-18 — authorize City Clerk to execute c . Ordinance 2013-58 Authorizing the Third Amendment to the Annual Budget of the United City of Yorkville for the Fiscal Year Commencing on May 1 , 2013 and Ending on April 30, 2014 — authorize Mayor and City Clerk to execute 3 . Ordinance 2013-59 Adopting the Revised FEMA Flood Maps for the City of Yorkville as Part of the City' s Stormwater Management Regulations — authorize Mayor and City Clerk to execute (PW 2013 -50) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Funkhouser; seconded by Alderman Spears . Motion approved by a roll call vote . Ayes-6 Nays-0 Colosimo-aye, Spears-aye, Frieders-aye, Funkhouser-aye, Koch-aye, Kot-aye MINUTES FOR APPROVAL None. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $984, 734.44. The Minutes of the Regular Meeting of the City Council — October 22, 2013 — Page 2 of 4 REPORTS MAYOR' S REPORT Countryside Refinancing (CC 2013 -70) Resolution 2013 49 Approving Engagement Agreement with Bernardi Securities, Inc. Mayor Golinski entertained a motion to approve a resolution approving an engagement agreement with Bernardi Securities, Inc. and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Colosimo . Motion approved by a roll call vote . Ayes-6 Nays-0 Funkhouser-aye, Koch-aye, Kot-aye Frieders-aye, Spears-aye, Colosimo-aye Ordinance 2013-60 Authorizing the Issuance of Not to Exceed $2,000,000 General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2013 Mayor Golinski entertained a motion to approve an ordinance authorizing the issuance of not to exceed $2, 000,000 General obligation (alternative revenue source) refunding bonds, series 2013 and authorize the Mayor and City Clerk to execute . So moved by Alderman Colosimo; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye Coverage Analysis for $1 ,325,000 General Obligation Bonds (Alternate Revenue Source) Refunding Bonds, Series 2013 City Attorney Orr stated this does not need action by the Council. Annual Treasurer's Report (CC 2013 -71 ) Mayor Golinski entertained a motion to approve the annual treasurer's report for fiscal year ending April 301 2013 . So moved by Alderman Frieders; seconded by Alderman Funkhouser. Motion approved by a roll call vote . Ayes-6 Nays-0 Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye Mowing Settlement Agreement with Gladstone Builders (CC 2013 -72) Mayor Golinski entertained a motion to approve a settlement agreement with Gladstone Builders, LLC and authorize the Mayor to execute. So moved by Alderman Funkhouser; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye PUBLIC WORKS COMMITTEE REPORT Ash Tree RFP — Bid Award (CC 2013 -73 ) Alderman Teeling made a motion to accept the bid proposal for the removal of certain ash trees from Steve Piper & Sons, Inc. in an amount not to exceed $27,934 .21 and authorization to use contingency funds for the ash tree removal project; seconded by Alderman Funkhouser. Alderman Colosimo was curious if the City had references on Steve Piper & Sons, Inc. It concerned him that their bid was so low. Public Works Director Dhuse said this company has been around since the mid 60's and are reputable. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye Blackberry Woods Letter of Credit Reduction — approve a reduction to First National Bank LOC #STB10200038 in an amount not to exceed $55,968. 39 (PW 2013 -48 ) Alderman Teeling made a motion to approve a reduction to First National Bank LOC in an amount not to exceed $55,968 .39; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council — October 22, 2013 — Page 3 of 4 Alderman Colosimo's understands the City had enough money now but is concerned about down the road. He does not like the idea of reduced letters of credit. Alderman Teeling said this amount includes inflation. Alderman Colosimo's stated it is estimated inflation. He believes it is unnecessary and will be voting no. Mayor Golinski stated if the City starts holding on to letters of credit after they have already completed their work then the City will get a bad reputation. Alderman Colosimo stated when the margins are this far off then he doesn't support it. City Administrator Olson discussed that the City did recommend the reduction based on the current analysis . Also, in the next couple of months there will be a chance to clear out a lot of the issues on the property with the developer. Alderman Frieders and City Administrator Olson discussed tabling this issue and what the $55 ,000 means in the grand scheme of that development. They also discussed the price of doing this analysis. Alderman Kot and City Attorney Orr discussed the developer having any legal recourse . Alderman Funkhouser discussed this issue. He can't support it at this point. Mayor Golinski and City Administrator Olson discussed the reason for the reduction. Alderman Teeling brought up the analysis back in 2010 . She and City Administrator Olson discussed that. She doesn't have a problem with this. Mayor Golinski and Alderman Koch feels that the best idea is what Alderman Frieders mentioned, to table this issue and roll it into the larger discussion. Alderman Teeling asked if the City would be reopening an annexation agreement. City Administrator Olson said for the type of things they will be requesting then it will need to be reopened. Alderman Koch stated it would be much safer knowing their plans before doing this . Alderman Kot likes the idea of tabling this item. City Administrator Olson stated for the record that there is no interrelatedness whatsoever. Alderman Colosimo made a motion to table Public Works 2013 -48 to the next City Council meeting; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) (EDC 2013 -28) Alderman Teeling made a motion to table indefinitely; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Ordinance 2013-61 Authorizing the Fourth Amendment to the Annual Budget of the United United City of Yorkville for the Fiscal Year Commencing on May 1 , 2013 and Ending on April 30, 2014 (CC 2013 -74) Mayor Golinski entertained a motion to approve an ordinance authorizing the fourth amendment to the annual budget of the United City of Yorkville for the fiscal year commencing on May 1 , 2013 and ending on April 30, 2014 and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye, Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye PLAN COMMISSION Second Amendment to the Annexation Agreement and Planned Unit Development Agreement (Grande Reserve Subdivision) (PC 2013 -07) Mayor Golinski entertained a motion to table second Amendment to the Annexation Agreement and Planned Unit Development Agreement (Grande Reserve Subdivision) till the petitioner requests that it be back on the agenda. So moved by Alderman Kot; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Teeling-aye, Koch-aye, Kot-aye Frieders-aye, Spears-aye, Colosimo-aye The Minutes of the Re!ular Meeting of the City Council — October 22, 2013 — Page 4 of 4 Alderman Funkhouser stated after attending a school board meeting there was a confusion as to who would be responsible if the developer were to default. City Attorney Orr stated Castle Bank funded the money to build the school at Grande Reserve. The City agreed that any impact fee they received would immediately be forwarded to Castle Bank as payment of the note . As the development tanked no impact fees were paid. The School District and developer went into an agreement agreeing they would be paid at a different time than the City's original agreement. They divided it into different payments never telling the City. Fast forward in 2009 the City agreed that they would pay it in two different installments . Now Castle Bank wants to sell the note. They go to sell the note and the buyer says they want confirmation from the City and the school that everybody is going to pay this note. The issue is that the annexation agreement and this note runs 20 years. The payment in full will most likely not occur in twenty years given the rate of payment. The buyer of the note does not care about determining the annexation agreement. The City agreed to keep collecting whether it is twenty or twenty-five years. The school district did not agree to that. In twenty years if it is not paid then that is tough. The City went back and read the letter. A commitment is a commitment. The City's liability is $3000 . City Attorney Orr asked what happened. Alderman Funkhouser said the school board thought the City was going to make a decision. Clearly there is not a discussion happening between the School board, bank, and the City that is moving this forward. The school board is concerned that the district may on the hook to the bank. City Attorney Orr stated after 20 years the School district can say it will no longer pay for it was a 20 year note . Mayor Golinski asked if 20 years come up in that conversation at all. Alderman Funkhouser said yes. City Attorney Orr said the understanding was that the City would honor the transmittal. The board did think that the Council was going to be voting and approving it tonight. Alderman Funkhouser stated the school board did not act last night. Mayor Golinski said the Council has been ready to approve it for at least a month. The delay and complications are not on the City's end. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK' S REPORT No report. COMMUNITY & LIAISON REPORT Jail Parking Lot Alderman Teeling is really excited about the parking lot being built over at the jail. Mayor Golinski was surprised at how quickly they were moving and how deep the hole was. Big Day Of Serving Mayor Golinski said Saturday October 19, 2013 was big day of serving. This is an event where youth ministries all over the Midwest come and go out to serve the community all over Kendall County for a full day. Numbers were doubled from last year from 300 to 600 people. It was a fantastic event. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION None. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 7 : 35 p.m. Minutes submitted by: Z.° t6 Beth Warren, City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING �9,,, LLer- a, "-)oo PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN