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City Council Minutes 2014 01-14-14 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, JANUARY 14, 2014 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 H Milschewski Present Kot Present Ward III Funkhouser Present Frieders Present Ward IV Spears Absent Teeling Present Also present: Deputy City Clerk Pickering, Attorney Gardiner, City Administrator Olson, Chief of Police Hart, Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble, Building Code Official Ratos, and EEI Engineer Sanderson. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Water Department Reports for August, September, and October 2013 (PW 2013 -57) 2. Route 34 McDonald' s — Grant of Easement - authorize the Mayor and City Clerk to execute (PW 2013 -58) 3 . MFT Resolution 2014-01 for Route 47 Project - authorize the City Clerk to execute (PW 2013 -59) 4 . Safe Routes to School — Call for Projects - authorize staff to submit grant application for 2013-2014 SRTS Call for Projects (PW 2013 -60) 5 . Kendall Crossing Acceptance and Security Reduction - accept public improvements for water main, sanitary sewer, storm sewer and signage as described in the Bill of Sale for ownership and maintenance and authorize release of the existing security deposit, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a performance guarantee in the amount of$51, 512. 50 (PW 2013 -61 ) 6 . Monthly Treasurer' s Report for November 2013 (ADM 2013 -67) 7 . Health Insurance Broker — authorize staff to use Better Business Planning as the City 's health insurance broker (ADM 2013 -69) 8 . Resolution 2014-02 Approving a Revised Fund Balance Policy - authorize the Mayor and City Clerk to execute (ADM 2013 -61 ) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Funkhouser; seconded by Alderman Kot. Amendment approved unanimously by a viva voce vote. MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minutes of the regular City Council meetings for November 26, 2013 and December 10, 2013 , as presented. So moved by Alderman Funkhouser; seconded by Alderman Koch. Motion unanimously approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council — January 14, 2014 — Page 2 of 3 BILLS FOR PAYMENT (Informational) : $3 ,744,473 . 11 and $3 , 106, 831 .46 REPORTS MAYOR' S REPORT Petition for Disconnection of Land — Hoover Forest Preserve (CC 2014-03 ) Mayor Golinski said that the City had received a petition filed by Kendall County requesting that the City de-annex a portion of the Hoover Forest Preserve. He stated that this item is informational at this time, as state law does not allow for action to be taken until thirty days after the petition has been filed. This item will be brought back to the January 28, 2014 meeting. PUBLIC WORKS COMMITTEE REPORT Caledonia Letter of Credit Call (PW 2013 -43 ) Mayor Golinski said that this item is informational at this time and will be brought back in May. Administrator Olson commented that the Public Works Committee had reviewed this item and had decided to accept staff' s recommendation to delay the letter of credit call discussion until May when the ground won't be covered in snow and the developer has the opportunity to finish the completion of the punch list items. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2014-01 Approving Second Amendment to Annexation Agreement and Planned Unit Development Agreement (Westbury Village) (PC 2013 - 15) Alderman Koch made a motion to approve an Ordinance Approving Second Amendment to Annexation Agreement and Planned Unit Development Agreement (Westbury Village) and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Funkhouser said that the proposed agreement states that any time any new residential dwelling unit is permitted for construction and occupancy is established for at least sixty (60) days within one-eight ( 1 /8) mile of the compost facility operation, the City shall serve notice to the new owner and composter establishing a timeframe for closure to occur within three (3 ) years of such notice or at the end of the five (5) year term of this agreement, whichever is longer. Alderman Funkhouser asked that instead of the sixty days which is noted in the agreement, could it be changed to say immediately after the issuance of the certificate of occupancy with the exception of "spec homes". Alderman Funkhouser made a motion to amend the agreement to remove the sixty day timeframe and change it to immediately after issuance of a certificate of occupancy, with the exception of a "spec home"; seconded by Alderman Kot. Alderman Colosimo asked if the sixty day time frame was removed, then what would be in place as a subsequent triggering mechanism in the case of a "spec home". Discussion took place as to what options would be available as a subsequent triggering mechanism. It was mentioned that it could be when the sale of the property took place; however, that option would require staff to continuously check property records . Alderman Colosimo asked if once a certificate of occupancy is issued if there was typically any contact with the city after that. Director Barksdale-Noble said that once final occupancy is granted, the building department is rarely involved unless the property owner is going to do work on their property that would involve getting a permit from the city. Administrator Olson said that property owners have contact with the city when they contact the city to put the city utilities in the current property owner' s name; however, if the builder chose to keep the utilities in the builder' s name for a while, the city would not have any notice that the home went from a "spec home" to being occupied. Alderman Colosimo said that he favors the agreement the way is it currently written, but he would be open to a compromise from sixty days to a smaller window such as thirty days. Alderman Funkhouser asked if the sixty day timeframe was based off the date the occupancy permit was issued and Director Barksdale-Noble responded that was correct. Alderman Frieders asked if staff thought that it was very likely that a "spec home" would be built within one-eighth of a mile of the Green Organics composting operation. Director Barksdale-Noble responded that it while it was a possibility due to the way the Westbury development is currently planned, staff does not expect that to happen within the next five years. Alderman Funkhouser said that if no one has any ideas about a feasible secondary triggering mechanism, then he thinks that the motion to amend should be withdrawn. Attorney Gardiner said that the motion to amend and the second could both be withdrawn. Alderman Funkhouser withdrew his motion to amend and Alderman Kot withdrew his second of the motion to amend. The Minutes of the Regular Meeting of the City Council — January 14, 2014 — Page 3 of 3 Original Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Teeling-aye, Frieders-aye, Kot-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye PUBLIC SAFETY COMMITTEE REPORT No report. 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 Library Mini-Golf Fundraiser Alderman Colosimo reported that the Yorkville Library is going to hold a mini-golf fundraiser in the library on Sunday, January 26, 2014 from 11 : 00 a.m. — 4 : 00 p .m. The fundraiser will feature 18 holes set up throughout the first and second floors of the library. The cost is $5 .00 per person. He encouraged everyone to come out and support their local library. Metro West Legislative Dinner Mayor Golinski reported that he had attended the Metro West Legislative Dinner that was held last week. He said that the usual issues were discussed such as public safety pensions, local control and local revenue protection. STAFF REPORT Thank you to Public Works and Parks Staff Public Works Director Dhuse thanked the Public Works and Parks employees for the tremendous job that they have done over the past couple of weeks with keeping the streets plowed of snow and also with dealing with water main breaks in the extreme cold weather that we have had. Library Grants Alderman Teeling mentioned that she had read in the paper that a nearby library had recently received a grant and she wondered if anyone had checked to see if there were any grants that our library might want to apply for. Alderman Colosimo said that he would mention it to the Library Board to see if this is something that they want to look into. ADDITIONAL BUSINESS No report. CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Golinski said that the City Council was going to adjourn into executive session for litigation. The City Council entered executive session at 7 : 15 p.m. The City Council returned to regular session at 7: 58 p.m. ADJOURNMENT Mayor Golinski adjourned the City Council meeting at 7 : 59 p .m. Minutes submitted by: Lisa Pickering, Deputy City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING January 14 , 2014 PLEASE PRINT NAME : SUBDIVISION OR BUSINESS : CA [ < l>u n -l•�G�� Cto-3L eef _ � c�