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City Council Minutes 2014 07-22-14 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,JULY 22.2014 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 Present Kot Present Ward III Frieders Absent Funkhouser Present Ward IV Spears Present(called in)-audio problem with phone system Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Klingel,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble, Director of Parks and Recreation Evans 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 March and April 2014(PW 2014-48) 2. Sewer Cleaning Machine(Vac Truck)—RFP Results—authorize staff to purchase a new Vac Con combination sewer cleaning machine from EJEquipment of Manteno, Illinois at abase cost of $359,390.00,plus purchase the central control and monitoring system for$3344.00, the wireless remote for$4071.00, the data logging system for$8,000.00, and the auto lube system for the centrifugal compressor for$2424.00, and also authorize staff to sell the current Vac Con combination sewer cleaning machine to EJEquipment of Manteno, Illinois in the amount of $110,000.00(PW 2014-50) 3. Heustis Street Improvements—Bid Award—accept bid and award contract to "D"Construction, Inc. in an amount not to exceed$479,934.70 (PW 2014-51) 4. State Street Sanitary Sewer and Adrian Street Water Main and Drainage Improvements—Bid Award—accept bid and award contract to "S&K Excavating& Trucking, Inc. in an amount not to exceed$322,871.00(PW 2014-52) 5. Cannonball Trail and Route 47 Improvements—Change Order No. 1 —authorize increase in an amount not to exceed$13,589.04 (PW 2014-53 ) 6. Pond Naturalization RFP—authorize staff to issue a request for proposals for pond naturalization of the.Sunflower Estates ponds and the Green4riar pond(PW 2014-54) n Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Kot; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye,Milschewski-aye,Funkhouser-aye, Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Regular City Council Meeting—June 24, 2014(CC 2014-67) 2. Minutes of the Regular City Council Meeting r July 8,2014(CC 2014-68) The Minutes of the Regular Meeting of the City Council—July 22 2014—Page 2 of 5 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of June 24, 2014 and July 8, 2014 as presented. So moved by Alderman Koch; seconded by Alderman Colosimo. Alderman Funkhouser had corrections on the July 8, 2014 minutes.He wanted clarification under Mayor's Report#2 as to why there was such a reduction on the estimate. He would like the answer reflected in the minutes.Also,under the same location there was a motion made by Mayor Pro Tern Kot. He wanted the wording changed to state that no motion was made. Amended Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $1,120,456.71. REPORTS MAYOR'S REPORT Ordinance 2014-32 Authorizing the Issuance of General Obligation Bonds (Alternate Revenue Source),of the United City of Yorkville,Kendall County,Illinois in One or More Series in an Aggregate Principal Amount of$7,885,000 (CC 2014-65) A motion to approve an ordinance authorizing the issuance of general obligation bonds(alternate revenue source)of the United City of Yorkville,Kendall County, Illinois in one or more series in an aggregate principal amount of seven million eight hundred and eighty five thousand dollars($7,885,000),and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. City Administrator Olson gave a rundown of this ordinance. The ordinance in the packet reads at a higher total principal amount. The motion that Mayor Golinski just read is at a lower amount of$7,885,000. The City is still going to be receiving the same dollar amount for construction estimate for Game Farm Road. The City is also still going to be receiving the same dollar amount for the financing so those are all taken care o£ The total difference between what the bids came back at and what is in our budget is about $150,000. That is a savings over a twenty year period.The mechanism that allows the principal to be lower revolves around the bond buyers paying a higher than average interest rate, so they are actually giving the City money. The interest rate is very good for them. The City will still have the money to do the project that was estimated at the last meeting.Alderman Colosimo discussed the payback schedule. Motion approved by a roll call vote. Ayes-5 Nays-1 Kot-aye, Colosimo-aye,Funkhouser-nay, Milschewski-aye, Teeling-aye,Koch-aye Resolution Authorizing the Southwest Fox Valley Cable and Telecommunications Consortium as Agent for Purposes of Negotiating Cable Franchise Renewal Terms (ADM 2014-49) Mayor Golinski stated no motion is requested. City Administrator Olson said this was placed on the agenda in order to accelerate the process. City Administrator Olson gave a quick update on this issue. Alderman Teeling was under the impression that they had always negotiated with Comcast. City Administrator Olson stated they have. He stated there were some questions posted at the Administration Committee about what the organization is doing and has done. The Administration Committee did not want to approve the resolution not knowing the answers to these questions. Alderman Funkhouser stated the agreement that the City had in place was for the past 12 years. That is why it has never been before the City Council. Mayor Golinski stated this will be back at Administration Committee. PUBLIC WORKS COMMITTEE REPORT Illinois Economic Development Program Agreement—Wrigley (PW 2014-55) Alderman Teeling made a motion to approve an economic development program agreement with IDOT n for intersection improvements at Route 47 and the Wrigley Facility Drive, and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Mayor Golinski stated this is a portion of the Wrigley agreement. This is for the intersection that comes out of Wrigley which is access drive.Mayor Golinski stated this was huge.The Governor's office, and IDOT were very helpful in getting this done. When Wrigley announced that they were expanding in Yorkville they discussed how the City and State were helpful in the process. This got the most applause from Wrigley's employees. The state is going to pick up 100%of the costs. Motion approved by a roll call vote. Ayes-6 Nays-0 The Minutes of the Regular Meeting of the City Council—July 22,2014—Page 3 of 5 Koch-aye,Kot-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. n ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Grande Reserve Park B Improvements—Award of Contract (CC 2014-69) Mayor Golinski entertained a motion to award the bid for Grand Reserve Park B improvements to Wilkinson Excavating in the amount of seventy seven thousand eight hundred and sixty dollars($77,860), and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye PLAN COMMISSION Ordinance Approving a Special Use for a Daycare Center(Lighthouse Academy Daycare Center—Lot 6 Kendall Crossing) (PC 2014-10) Mayor Golinski entertained a motion to approve an ordinance approving a special use for a daycare center in lot 6 of Kendall Crossing, and authorizing the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Alderman Kot asked how much bigger is this new facility. He was told that the new facility is about n 10,000 square feet. That is almost double in size than the facility now.Alderman Funkhouser stated during the committee meeting he didn't support this. He doesn't believe this is the best fit for this area as a special use.Mayor Golinski said it is a nice business to generate traffic in that area. Alderman Koch doesn't have a problem with the project but due to some pending litigation he wanted a chance to talk with City Attorney Orr before making a decision. He would like to table Plan Commission# 1 and#3. Alderman Colosimo suggested that this issue be discussed at the end of the meeting.Mayor Golinski asked if everyone was ok with moving this to the end of the meeting after executive session. The City Council was fine with putting this at the end of the meeting. Ordinance Amending the Yorkville Zoning Ordinance by Adopting New Regulations for Wind Energy Systems (PC 2014-I1) Mayor Golinski entertained a motion to approve an ordinance amending the Yorkville zoning ordinance by adoption new regulations for wind energy systems, and authorizing the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Teeling. Alderman Colosimo is not a big fan of windmills. He thinks they are inefficient and doesn't want them within City limits. His vote tonight would be nay. He would prefer to put this into committee.Mayor Golinski asked if this is a time sensitive issue. Community Development Director Barksdale-Noble said it is and explained why. She addressed Alderman Colosimo's concerns in regards to the size and output of the energy systems. These would be special uses. She stated that in regards to the entire chapter it addresses more than just wind energy systems,but it addresses solar, as well. She is recommending that solar be building out to homes and be permitted outright in all districts, but the wind energy systems would be special uses in all districts. There is a process that the City goes by. She stated that 175 would n be the max. Typical ones for homes would range between 30 to 50 feet. There could be some as high as 80 feet.That is a special use and a setback requirement would have to be met. She is proposing a setback requirement of 110% of a height. She discussed other requirements, as well. City Administrator Olson asked if there was any reason to make this time sensitive when the school district hasn't even applied to the City yet. Community Development Director Barksdale-Noble said actually,no. She had anticipated the school district was going to apply simultaneously with the adoption but since they moved a section forward for next month at a public hearing as part of the comprehensive zoning then City can't hold off. City Administrator Olson asked if this puts the City at any disadvantage to not have this approved when the school district applies. Community Development Director Barksdale-Noble said no.Alderman Colosimo asked if with special use would each application have to be approved by the City. Community Development Director Barksdale-Noble said absolutely. It would come before Plan Commission and City The Minutes of the Regular Meetine of the City Council—July 22 2014—Page 4 of 5 Council.Notification would be sent to all neighboring property owner.Alderman Colosimo has no issue with the solar panels,but he would like the windmills discussed before moving forward.Alderman Funkhouser would like to see this go back to EDC. Community Development Director Barksdale-Noble wanted to clarify that the zoning commission spent about four months on this section. This wasn't just written by staff.Professionals came in and did a lot of work on it.Alderman Milschewski asked about the school district. Community Development Director Barksdale-Noble said in July they were supposed to apply but missed the deadline. The City extended the public hearing to August and gave a deadline of this Friday.Alderman Teeling talked about the possibility of the Government requiring local governments to offer an alternate source of energy. Community Development Director Barksdale-Noble said possibly but didn't know when. City Administrator Olson said there is nothing on the municipal radar screens. Alderman Koch would like to have this sent to EDC. He asked if anyone has talked to the residents around the school. Community Development Director Barksdale-Noble said they would have to be notified by next Friday. City Administrator Olson said this would set up a process by which the school district would apply for the special use. This doesn't give them the approval.Alderman Funkhouser said he had flagged the school districts application and grant coming through. That is why this was expedited. They were planning on moving forward with this without the City's input.Alderman Milschewski asked if the private school that was being built out there had proposed having windmills. City Administrator Olson stated it was part of their original proposal but never made the final cut. Community Development Director Barksdale-Noble said there was discussion if that should have been part of the annexation agreement or part of the other process. They opted to remove that as an accessory use.Alderman Colosimo asked if the City is required to allow windmills or can the City just ban them with the municipal boundaries. City Attorney Orr didn't know but will look into that.Alderman Milschewski stated when the City looked at this ordinance originally she remembers something in regards to inspections. She asked if the City will have to learn about these. Community Development Director Barksdale-Noble said now the requirement is to provide structural engineering stamped by a structural engineer.The City is requiring soil analysis if there is a larger base.Alderman Milschewski asked what is done yearly to make sure these are maintained. Community Development Director Barksdale-Noble said yearly they are supposed to send in for inspection and someone in the City's engineer department would handle that. This could also be outsourced.Alderman Milschewski asked if staff would have to learn about this. Community Development Director Barksdale-Noble said no. This would probably be outsourced. Alderman Funkhouser made a motion to table this back to EDC; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye,Koch-aye Mayor Golinski stated that Alderman Koch requested that(PC 2014-13)be moved to the end of the meeting and the Council was fine with(PC 2014-13)being moved to the end of the meeting. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY& LIAISON REPORT No report. STAFF REPORT Bond and Letter of Credit Reduction Report (CC 2014-70) City Administrator Olson stated that the Council has a written report in their packet and he would be happy to answer any questions. There were no questions. ADDITIONAL BUSINESS Open House Community Development Director Barksdale-Noble invited everyone to attend the zoning ordinance open house. It is at 7:00 p.m. at the library. Raging Waves Alderman Milschewski received a call from a citizen in regards to the back up for Raging Waves on Route 47.The backup was extensive.Alderman Milschewski asked if that was normal.Police Chief Hart said he can talk to someone about the lights. Mayor Golinski asked if an emergency exit plan for Raging Waves had been established. Police Chief Hart said yes and that security did meet with the City. Mayor The Minutes of the Regular Meeting of the City Council—July 22,2014—Page 5 of 5 Golinski asked what is the protocol if the park has to evacuate in a hurry.Police Chief Hart said Raging Waves is supposed to notify the police department and a car would be sent out. Wren Road Alderman Colosimo mentioned Wren Road and the no trespassing signs.He received an email from the HOA management company saying that some developers threatened to close off the road. The City needs to find who the developers were and let them know they cannot do that. City Administrator Olson said it sounds like that is the interior roads on the south end of the subdivision that are part of unit 4, 5,and 6. Those are being worked on by a contractor the City hired. City Administrator Olson will reach out to the HOA management company to make sure that is the area and to call the contractors. EXECUTIVE SESSION Mayor Golinski stated the Council will go into Executive Session for the purpose of 1. Litigation The City Council entered Executive Session at 7:39 p.m. The City Council returned to regular session at 7:48 p.m. PLAN COMMISSION Ordinance 2014-33 Approving a Special Use for a Daycare Center(Lighthouse Academy Daycare Center—Lot 6 Kendall Crossing) (PC 2014-10) Mayor Golinski entertained a motion to approve an ordinance approving a special use for a daycare center in lot 6 of Kendall Crossing, and authorizing the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-5 Nays-1 Colosimo-aye,Funkhouser-nay,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye Ordinance Authorizing the First Amendment to the Planned Unit Development Plan for the Kendall Crossing Planned Unit Development(Monument Entryway Signage) (PC 2014-13) Mayor Golinski entertained a motion to approve an ordinance authorizing the first amendment to the planned unit development plan for the Kendall Crossing Planned Unit Development for monument entryway signage,and authorizing the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Teeling. City Administrator Olson said the City is requesting tabling this item. The sign might be under private ownership.The petitioner is trying to find documentation. If not then the City will create a license agreement which would be up for consideration at a future meeting. This would allow them to then install the sign within the public right away. City Administrator Olson was under the impression that the entire islands was without question in the public right away and that the footprint of the existing sign was retained under private ownership.Alderman Funkhouser stated that is the question that the City has been going back and forth on trying to determine. Alderman Colosimo made a motion to table(PC 2014-13)back to EDC; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-6 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye, Colosimo-aye CITIZEN COMMENTS Amy Cesich,Raintree,was against having the windmills banned. ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 7:52 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: kev► Sm k M c Cc n na S pc e f►rn rc►cd I roc, SIGNIN REGULAR CITY COUNCIL MEETING Public Comment Jf PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN