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City Council Minutes 2013 11-26-13 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, NOVEMBER 26, 2013 Mayor Pro Tern Funkhouser called the meeting to order at 7 : 03 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, Chief of Police Hart, Deputy Chief of Police Klingel, Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble, and EEI Engineer Morrison. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Colosimo requested that Consent Agenda #4 — Ordinance Amending the Traffic Schedule and Index Regarding Yield-Sign Control (PW 2013 -55) be moved to the Public Works Committee Report. Amendment approved unanimously by a viva voce vote . _ PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS Mr. Rob Gryder spoke regarding the Ordinance Allowing the Keeping of Honeybees. He encouraged the City Council to approve the ordinance. CONSENT AGENDA 1 . Autumn Creek Units 1 A and 1 C — Bond Release - authorize the release of Liberty Mutual Bond #268003242 for Unit IA and Liberty Mutual Bond #268003244 for Unit IC in their entirety after the one-year warranty period ends on January 8, 2014, subject to verification that the developer has no outstanding debt owed to the City for this project. (PW 2013 -51 ) 2 . Briarwood Subdivision — Bond Release - authorize the release of Lexon Insurance Co. Bond #1082294 in its ' entirety after the one-year warranty period ends on December 11, 2013, subject to verification that the developer has no outstanding debt owed to the City for this project (PW 2013 -52) 3 . Raintree Village Units 4, 5 , and 6 — Completion of Public Improvements — Professional Services Agreement with Engineering Enterprises, Inc. (EEI) for Design and Construction Engineering - authorize the Mayor and City Clerk to execute (PW 2013 -53 ) Mayor Pro Tern Funkhouser entertained a motion to approve the consent agenda as amended. So moved by Alderman Kot; seconded by Alderman Frieders. Amendment approved unanimously by a viva voce vote. MINUTES FOR APPROVAL Mayor Pro Tern Funkhouser entertained a motion to approve the minutes of the special City Council meeting of November 2, 2013 , as presented. So moved by Alderman Koch; seconded by Alderman Kot. Motion unanimously approved by a viva voce vote. BILLS FOR PAYMENT (Informational) : $3 ,030,321 . 56 The Minutes of the Regular Meeting of the City Council — November 26, 2013 — Page 2 of 5 REPORTS MAYOR' S REPORT Ordinance 2013-63 for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1 , 2014 and Ending on April 30, 2015 for the United City of Yorkville (CC 2013 -81 ) Mayor Pro Tem Funkhouser entertained a motion to approve an Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1 , 2014 and Ending April 30, 2015 for the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Frieders. 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 Mowing Settlement Agreement with H. Linden & Sons (CC 2013 -82) Mayor Pro Tem Funkhouser entertained a motion to approve a Settlement Agreement with H. Linden & Sons and authorize the Mayor to execute. So moved by Alderman Colosimo; seconded by Alderman Koch. Amendment approved unanimously by a viva voce vote . Mowing Settlement Agreement with Meadowbrook Builders, LLC (CC 2013 -83 ) Mayor Pro Tem Funkhouser entertained a motion to approve a Settlement Agreement with Meadowbrook Builders, LLC and authorize the Mayor to execute. So moved by Alderman Kot; seconded by Alderman Koch. Amendment approved unanimously by a viva voce vote . PUBLIC WORKS COMMITTEE REPORT Blackberry Woods Letter of Credit Reduction (PW 2013 -48) Mayor Pro Tem Funkhouser entertained a motion to table this item to the December 10, 2013 meeting. So moved by Alderman Koch; seconded by Alderman Milschewski. Motion 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 Route 47 ITEP — Street Lighting Project IDOT Joint Agreement Engineering Services Agreement (PW 2013 -54) Alderman Teeling made a motion to approve a joint funding agreement with IDOT and an engineering agreement with Engineering Enterprises, Inc. for the Route 47 ITEP Street Lighting project; seconded by Alderman Milschewski. Alderman Teeling said that the city had applied for and received a grant for this project. Alderman Funkhouser commented that this project is coming in under budget as the numbers are lower than the city had originally anticipated. He said that the challenge with this is that the city is actually expediting this project being completed, so the expenses will be coming in sooner than the city had budgeted for these improvements. To expedite this project, a little bit of the funding will need to come out of the general fund, with the balance coming out of the Downtown TIF fund. Administrator Olson explained that the money that comes out of the general fund for this project will be repaid in the future with money from the Downtown TIF fund. Alderman Colosimo commented that this is a long stretch of lighting, which should not only increase public safety in the downtown area, but should also help to promote the downtown businesses in the evening hours to residents . Alderman Kot said that he felt that the lack of street lights The Minutes of the Regular Meeting of the City Council — November 26, 2013 — Page 3 of 5 was a public safety issue and he would prefer that the city move forward with this project sooner rather than later. Motion 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 Ordinance 2013-64 Amending the Traffic Schedule and Index Regarding Yield-Sign Control (PW 2013 -55) Alderman Teeling made a motion to approve an Ordinance Amending the Traffic Schedule and Index Regarding Yield-Sign Control and to authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. 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 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Allowing the Keeping of Honeybees in One- and Two- Family Residence and Business Districts Subject to Certain Regulations as Permitted Accessory Uses (EDC 2013 -34) Alderman Koch made a motion to approve an Ordinance Allowing the Keeping of Honeybees in One- and Two- Family Residence and Business Districts Subject to Certain Regulations as Permitted Accessory Uses and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling. Alderman Colosimo commented that while he liked the idea of beehives, he did not like that the proposed ordinance did not contain any recourse for residents if they were adamantly opposed to living next to a beehive. Alderman Koch said that he grew up on a farm and he said that on a farm beehives were never placed next to a deck that you would sit on. They were placed far enough away from the house that the bees did not intrude upon the family if they were sitting outside. He said that he wished there was a way that if a neighbor said no that they didn't want to live next to bees, that a beehive wouldn't be put in. He also commented that living next to a beehive had been compared to living next to a swimming pool or a shed. Alderman Koch said that while some people might consider swimming pools or sheds to be nuisances, he felt that those items were inanimate objects and couldn't be compared to the beehive issue . He commented that while normally honeybees don't hurt people, he felt that when they are put in a residential area, it might become an issue if someone is severely allergic to bee stings . Alderman Milschewski questioned that if someone was allergic, would there be a way to limit the beehives that are located near them. She felt that if someone had an allergy and all of the neighbors that surrounded their property all put beehives in, then the risk of being stung might increase due to the increase in the number of bees in the area around their property. Alderman Frieders said that anyone can be stung by a bee anywhere. He said that the likelihood of getting stung by a honeybee is so much smaller than being stung by a wasp or a hornet as honeybees are only interested in making honey and prolonging their existence. He sees nothing but benefits in allowing honeybees in city limits . Alderman Colosimo said that he feels the question is about property owner' s rights; the right of a private property owner to enjoy and use their property without living next to a beehive that they do not want to live next to . Alderman Funkhouser said that a swimming pool can be put in next to a house with a child living in it who doesn't know how to swim and the objecting neighbor doesn't have any recourse in that situation. He said that he understands the concerns of living next to bees if you have a severe allergy to bee stings, but as a resident, he can't object to a neighbor putting in items that he might not like such as a swimming pool, a fence, or a really tall shed. The reality is that bees are everywhere and once they get outside of their hive they disburse pretty well. He mentioned that the ordinance includes a provision that beekeepers must establish flyway barriers that go to an elevation of at least six feet in height, so that the bees fly up and around them. The intent of the ordinance is to mitigate the issues that surrounding residents might have. He said that he has read approximately eighteen ordinances on beekeeping from cities around the country. Only a few have regulations for contesting the process. He likes the ordinance the way it is currently written. The Minutes of the Regular Meeting of the City Council — November 26, 2013 — Page 4 of 5 Alderman Colosimo suggested amending the ordinance to add a provision to say that all of the surrounding property owners must consent. If all of the surrounding property owners do not consent, then the application could be denied. It would be up to the resident who wants to have bees on his property to convince his neighbors of the benefits of bees . Alderman Milschewski asked how the consent of the surrounding property owners would be tracked, would it be through a signed form that would be turned in with the application for beehives or would it be through a different method. Director Noble said that the Village of Skokie just approved a similar ordinance which requires consent from all of the abutting property owners. She said that Skokie is looking at providing an affidavit that all of the abutting property owners would sign and the petitioner would turn in with their application. It was suggested that the signatures could be notarized so that staff would know that the actual property owners were the ones that signed the affidavits . Director Noble said that another thing to consider is the question of what would happen if a neighbor revokes their consent after consent is given. Attorney Orr responded that once a permit is issued to the petitioner, it is issued. The property owner who gave their consent cannot revoke it later after the permit is issued. Administrator Olson asked that the City Council provide direction as to whether they want consent of the neighbors to be added, and if they do, he asked that the City Council table this for two weeks, so that staff can draft an appropriate revision and bring it back to the next meeting. Alderman Milschewski asked what would happen if someone puts a beehive in and then stops maintaining it — do the bees die off or do they just keep multiplying until they are out of control. Alderman Frieders responded that usually the bees die off and if not, once the beehive is full of honey and they are out of room, the bees will just leave. Alderman Teeling asked if the city received complaints would someone go and see if the beehive was violating city code. Director Noble said if someone called and said that if a beehive was not being maintained, the city building code official would contact the appropriate state agency and someone would take a look at the beehive to determine if it needed to be removed. Alderman Funkhouser asked if the City Council wanted to table this item to allow staff to revise the ordinance to allow for written consent. Alderman Teeling said that this ordinance had been talked about for several weeks and written consent had been brought up before, but it wasn't recommended. Administrator Olson explained that written consent is a bit of a process and it was not originally recommended by staff since so few municipalities allow the objection process to occur; however, if written consent is the direction that the City Council wants to go, then he would like a couple of weeks for staff to review the idea. Alderman Teeling mentioned that it had also been discussed if beekeeping should be considered a special use instead. Director Noble said that the special use process allows due process for the petitioner, but it does not guarantee that just because a resident objects that the petition for a beehive would be denied. Attorney Orr stated that classifying beekeeping as a special use would leave the decision with the council. The alternative of adding the written consent of abutting property owners would leave the decision in the hands of potentially just one neighbor. She brought up the fact that sometimes there are neighborly disputes where two neighbors just don't get along. With the written permission requirement, it is possible that someone might submit an application and a neighbor might withhold permission, not because they care if they live next to bees, but just because they don't like their neighbor. Alderman Teeling mentioned that when she was first elected to the City Council, she received a phone call from a resident who wanted to city to ban all pit bulls just because that person did not like pit bulls. She doesn't like the idea of amending the ordinance and feels that the City Council should vote on the ordinance that was included in the meeting packet. Mayor Pro Tem Funkhouser asked the City Council if they wanted to make a motion to amend the ordinance, table the ordinance, or vote on the ordinance as presented. Alderman Frieders said that amending the ordinance might create other problems, so he preferred to vote on the ordinance as presented. Alderman Colosimo called the question. There was consensus from the City Council to proceed with a roll call vote on the original motion to approve. Mayor Pro Tem Funkhouser called for a vote. Motion to approve failed by a roll call vote. Ayes-3 Nays-5 Funkhouser-aye, Milschewski-nay, Koch-nay, Teeling-aye, Frieders-aye, Kot-nay, Colosimo-nay, Spears-nay PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — November 26, 2013 — Page 5 of 5 ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK' S REPORT No report. COMMUNITY & LIAISON REPORT Aurora Area Convention & Visitors Bureau Alderman Funkhouser gave an update on the last Aurora Area Convention & Visitors Bureau (AACVB) meeting he had attended. At that meeting the AACVB board discussed the departure of former Executive Director Hamilton. Alderman Funkhouser said that he was happy to report that the departure of the former director is all wrapped up and there are no outstanding financial or potential litigation issues due to the departure. He also reported that the City of Aurora had signed a one year agreement to be a part of the AACVB and there is considerable discussion as to whether the City of Aurora will stay with the AACVB once the one year agreement expires . If the City of Aurora leaves the AACVB, then the lion' s share of the funding will leave also . STAFF REPORT No report. ADDITIONAL BUSINESS No report. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Pro Tem Funkhouser entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7 :45 p.m. Minutes submitted by: (momAle e& Lisa Pickering, �J Deputy City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING November 26, 2013 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: ymuz& I�� jCr\C\,Ak --lF-�c p- 1> ACLU P