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City Council Minutes 2014 03-11-14 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,MARCH 11,2014 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 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,Attorney Binninger,City Administrator Olson, Chief of Police Hart,Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson, Community Development Director Barksdale-Noble,Building Code Official Ratos,EEI Engineer Morrison and Administrative Intern Weckbach. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS Proposed FY 2014-2015 Budget n Mayor Golinski opened the public hearing and asked if anyone wished to comment on the proposed budget. There were no comments so the public hearing was closed. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA None. MINUTES FOR APPROVAL None. BILLS FOR PAYMENT(Informational): $885,297.29 REPORTS MAYOR'S REPORT Resolution Recognizing that Same-Sex Marriage is Legal in Illinois; Encouraging Kendall County's Clerk to Issue marriage Licenses to Same-Sex Couples (CC 2014-16) Mayor Golinski entertained a motion to approve a Resolution Recognizing that Same-Sex Marriage is Legal in Illinois;Encouraging Kendall County's Clerk to Issue Marriage Licenses to Same-Sex Couples and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders. There was no second to Alderman Frieders' motion;therefore,the motion failed for lack of a second. Ordinance 2014-07 Proposing the Establishment of Special Service Area Number 2014-1 in the United City of Yorkville,Kendall County,Illinois and Providing for Other Procedures in Connection Therewith (Kingdom Hall of Jehovah's Witness) (CC 2014-17) Mayor Golinski entertained a motion to approve an Ordinance Proposing the Establishment of Special Service Area Number 2014-1 in the United City of Yorkville,Kendall County, Illinois and Providing for Other Procedures in Connection Therewith(Kingdom Hall of Jehovah Witness)and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski. The Minutes of the Rezular Meeting of the City Council—March 11,2014—Paee 2 of 4 Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Koch-aye, Teeling-aye,Frieders-aye, Spears-aye Parking Restrictions—Whispering Meadows (PW 2014-13) Mayor Golinski entertained a motion to authorize staff to send letters to surrounding property owners notifying them of the proposal to restrict parking along the eastern portion of Alan Dale Lane from McMurtrie Way to Faxon Road at all times and notifying them that the item will be discussed at an upcoming Public Safety meeting. So moved by Alderman Frieders; 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 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 No report. PLAN COMMISSION Ordinance 2014-08 Amending the Yorkville Zoning Ordinance by Adding Medical Cannabis Cultivation Center and Dispensing Organization as Special Uses in the M-1 Zoning District (PC 2014-01) Mayor Golinski entertained a motion to approve an Ordinance Amending the Yorkville Zoning Ordinance by Adding Medical Cannabis Cultivation Center and Dispensing Organization as Special Uses in the M-1 Zoning District and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Kot. Alderman Teeling questioned if there was someone that was interested in Yorkville for this type of use or if the purpose was simply to add this to code. Community Development Director Barksdale-Noble said that staff was being proactive; however,they have had interest in this. Alderman Koch said that he thought this was regulated by the state and not the city. Mayor Golinski said that state law does not allow the city to prohibit this use;however it does allow the city to have the ability to restrict where they are allowed to locate. City Administrator Olson also mentioned that the main purpose of the ordinance is to add an additional buffering around public parks and religious institutions. State law already mandates that dispensaries must be located at least 1,000 feet from pre-existing pre-schools,elementary schools, day care centers or group day care. The proposed ordinance also adds the distance requirement for public parks and religious institutions. Alderman Kot asked if the city does not approve this ordinance,what would happen if someone puts an application in to open in Yorkville. Director Noble said that without approving an ordinance,the city wouldn't have a zoning classification for this type of use, so if an applicant comes in and finds a property that meets all of the state's criteria,then they can be located in a business district. The proposed ordinance regulates this use to the M-1 zoning district as a special use,as recommended by the Plan Commission. Alderman Funkhouser said that he disagrees with relegating a business use to a manufacturing district. It was asked if a motion could be made to amend the ordinance to change the /1 district or if it would it need to go back to Plan Commission for another public hearing. Director Noble said that it would need to go back to Plan Commission for another public hearing and the approximate time frame to go through the public hearing process is sixty days. Alderman Teeling asked Alderman Funkhouser to explain why he does not agree with the M-1 district for the zoning. Alderman Funkhouser said that he disagrees with the philosophy of forcing a business use into a manufacturing district. Alderman Teeling asked if businesses could get a variance for another zoning district. Director Noble said that the zoning changes cannot be approved by variance;they can only be approved by an amendment to the zoning code. Alderman Kot said that he disagrees with putting this type of use in a business district and he fully supports the recommendation for the manufacturing district zoning. He said that he doesn't want to see this type of business on any storefront in Yorkville. The Minutes of the Regular Meeting of the City Council—March 11,2014—Page 3 of 4 Motion approved by a roll call vote. Ayes-5 Nays-3 Koch-aye,Teeling-aye,Frieders-aye,Kot-aye, Colosimo-nay,Funkhouser-nay,Milschewski-aye, Spears-nay ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT /1 No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT Library Coffee Shop Alderman Teeling mentioned that there is a coffee shop inside of the Sugar Grove Library and she thinks that a coffee shop might be a good idea to bring some revenue into Yorkville's library. She said that the owner of the Sugar Grove coffee shop is going to come to the next Library Board meeting and talk to the Library Board about the possibility of a coffee shop. Kiwanis Club Alderman Frieders reported that the Kiwanis Club was holding a pancake breakfast on Saturday,March 15th from 7:00 a.m.until noon at the Aurora Central Catholic High School. Aurora Area Convention&Visitors Bureau Alderman Funkhouser reported that last week the AACVB authorized entering into a contract with a company to provide services to analyze the organization as a whole. The purpose of the study is to determine the best methods of operations for the organization. STAFF REPORT No report. MAYOR'S REPORT(cont'd) n Ordinance Approving Fiscal Year 2014-2015 Budget (CC 2014-12) Mayor Golinski asked if any of the elected officials had any questions about the budget. Alderman Kot asked why the deficit for the Countryside TIF keeps growing. City Administrator Olson explained that the only revenue coming in currently is from the theatre. To reduce the deficit,the city needs the outlots to develop to bring in money for the TIF district. Alderman Kot also asked if staff could contact IDOT and ask for an extended payment plan for the Route 71 road project. City Administrator Olson said that staff would draft a letter requesting this and would send to IDOT. Alderman Frieders asked if removing the garbage subsidy was expedited,would that help lower the deficit. City Administrator Olson said that the total garbage subsidy costs approximately$120,000- $150,000 each year, so if the subsidy was removed,you would gain that dollar amount immediately; however,the impact on the budget would be minimal. Alderman Frieders also asked how much the new vactor truck would cost. Public Works Director Dhuse said that the cost of the new truck is a little over$300,000 and they would receive around$110,000 from the trade-in of the old vactor truck. Alderman Koch asked if there was a way to share that type of equipment with another community. Public Works Director Dhuse said that it doesn't work very well to share that type of specialty machine. He said that if it breaks, it becomes an issue of whose fault is it and who is going to pay to fix it. He also mentioned that what happens if two communities need to use it at the same time—how do you decide who gets to use it and who doesn't. Mayor Golinski said that the budget ordinance would be on the next City Council agenda. ADDITIONAL BUSINESS Route 47 Construction Alderman Teeling mentioned that there have been several days when the weather has been nice and she wondered when the Route 47 construction was going to start again. Public Works Director said that there is still frost in the ground, so there is not a whole lot that they can do yet. He said they will start with cleanup in the downtown area. Director Dhuse said that the construction company wants to finish with the downtown section of the roadway as soon as possible. The Minutes of the Regular Meetine of the City Council—March 11,2014—Page 4 of 4 Alderman Teeling also mentioned that someone had hit the front steps of the law office building located at the corner of Route 47 and Van Emmon Street. She said that she was worried that it would happen again in the future with how close the newly widened Route 47 is to the downtown buildings. Alderman Kot mentioned that with the snow melting,there is a lot of debris sitting on side of the road. Director Dhuse said that clean up would begin shortly. Route 34 Flooding Alderman Frieders asked if the flooding along Route 34 near McHugh occurred every year. Director Dhuse said that the flooding should be cleared up with the Route 34 road project. Downtown Railroad Crossing Repairs Alderman Milschewski asked if the entire road would be closed when the downtown railroad crossing was repaired or if a portion would be open for residents to travel from the south side to the north side or vice versa. Director Dhuse said that yes the entire crossing would be closed for repairs and that vehicle traffic would be detoured. Truck Traffic Alderman Funkhouser asked if there were any plans to re-route truck traffic from the downtown area or to limit right turns off Van Emmon. Director Dhuse said that currently there is no right turn on red on Van Emmon. City Administrator Olson said that there are no plans to re-route truck traffic. McDonalds Alderman Milschewski mentioned that the north McDonalds was closed. She asked if they were tearing it down and constructing a new McDonalds. Mayor Golinski said that they were building a new McDonalds and that it was supposed to be finished in ninety days. CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Golinski said that the City Council was not going into executive session. ADJOURNMENT Mayor Golinski adjourned the City Council meeting at 7:25 p.m. Minutes submitted by: off- Lisa Pickering, Deputy City Clerk, City of Yorkville,Illinois