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City Council Minutes 2014 09-23-14 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,SEPTEMBER 23,2014 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 Present Funkhouser Present Ward IV Spears Present (called in) Teeling Present Also present: City Clerk Warren,Attorney Binninger,City Administrator Olson,Police Chief Hart, Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Building Code Official Ratos, 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 Valerie Burd,resident, stopped in to discuss her candidacy for running for Illinois State Representative in the 50th district.Valerie Burd also mentioned that she done the community guides since 2004. CONSENT AGENDA 1.McDonald's—Acceptance of Improvements and Resolution 2014-24 Approving the Bill of Sale— accept the public improvements for the bike path as described in the Bill of Sale for ownership and maintenance by the City and authorize the Mayor and City Clerk to execute; authorize the release of the existing security in the amount of$14,482.95, upon receipt of a performance security in the amount of $1,482.70; all subject to verification that the developer has no outstanding debt owed to the city for this project(PW 2014-67) 2. Game Farm Road Phase III Engineering Agreement with EEI—authorize Mayor and City Clerk to execute (PW 2014-69) 3. Rt 47 and Cannonball Trail Intersection Improvements—Change Order No. 2—authorize Mayor to execute (PW 2014-71) 4. Rt 47 Additional Paving—authorize additional paving to the Route 47 project as shown on the exhibit attached to Engineer Sanderson's Route 47 Improvements memo dated 9111114 in an amount not to exceed$60,000 (PW 2014-72) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Teeling; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL Minutes of the Regular City Council—August 26,2014(CC 2014-84) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of August 26, 2014. So moved by Alderman Funkhouser; seconded by Alderman Frieders. The Minutes of the Regular Meeting of the City Council—September 23,2014—Page 2 of 3 Alderman Frieders said on the last page it should say a large bump not pump on Fox Street. Corrected Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $1,210,130.29. REPORTS MAYOR'S REPORT n Term Extension Agreement to the Franchise Agreement between the City and Comcast (CC 2014-85) Mayor Golinski entertained a motion to approve the term extension agreement to the franchise agreement between the United City of Yorkville,Illinois and Comcast of Illinois XIII,L.P. and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Funkhouser. Alderman Colosimo is uncomfortable with the Comcast contract. There is not enough information.He wants to know the specifics. If he is rushed then he votes no. He also asked if the negotiations must be six months. City Administrator Olson said Comcast had given the City a six month verbal agreement,which would give the City a few months to deliberate.Alderman Funkhouser said if the Council does not pass the extension then the agreement expires October I st.The purpose of the contract and the agreement were discussed. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye PUBLIC WORKS COMMITTEE REPORT Raintree Village Units 4,5,and 6—Completion of Improvements—Change Order No.2 (PW 2014-70) Alderman Teeling made a motion to approve the Raintree Village Units 4, 5, & 6-completion of improvements-change order No. 2 and authorize the Mayor to execute; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Ordinance 2014-45 Approving the Final Plats of Subdivision for Units 1,2,and 3 of the Heartland Meadows Subdivision (PC 2014-14) Mayor Golinski entertained a motion to approve an ordinance approving the final plats of subdivision for units 1, 2,and 3 of the Heartland Meadows subdivision and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Milschewski. Alderman Kot asked if the alternative building material had been resolved. Community Development Director Barksdale-Noble said no and explained. He also asked if this builder's intention was to be owner occupied.Alderman Kot discussed leasing of the units.He has a problem when somebody buys half a dozen units for the sole purpose of renting them. He asked if there was any language the City could incorporate to prevent this. City Administrator Olson said in general rental units would be permitted under the City's zoning ordinance and building code regulations.Alderman Kot asked if that could be done under planning and development. Community Development Director Barksdale-Noble said that would have had to have been an original condition of the PUD approval.Alderman Teeling asked if the materials are up to code. Community Development Director Barksdale-Noble said yes.Alderman Koch and Community Development Director Barksdale-Noble discussed this issue.Alderman Colosimo asked if someone leases the units, is the fifty five years old and over age still enforced.Kelly Helland,on behalf The Minutes of the Regular Meetine of the City Council—September 23,2014—Paee 3 of 3 of the petitioner, said in the actual PUD agreement one of the occupants who is going to reside there must be fifty five or older.Alderman Colosimo mentioned a bottom age of twenty one. If it is leased then it cannot be leased to families with children.Kelly Helland said correct.Alderman Teeling was unclear in regards to the building materials. Community Development Director Barksdale-Noble said Plan Commission members did not consider the standard that the preliminary plan was consistent with what was being presented as the final plan. The plans were the same.All they addressed were their concerns in regards to the PUD. This was already approved by the Council.Kelly Helland said essentially there discussion exceeded the scope of what they should have been examining. They should have been examining whether or not the final plat substantially complied with the preliminary plat.The discussion in Plan Commission revolved around building codes and building materials.Mayor Golinski asked Kelly Helland to confirm the building materials that are being used are completely safe and meet code. She confirmed that. Alderman Funkhouser asked if the points from the August 14 memo are still being addressed. Community Development Director Barksdale-Noble said absolutely. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT Mayor Kayaking Mayor Golinski will be kayaking on the Fox River with the mayors from Aurora,North Aurora, Montgomery, and Oswego on Saturday. They will have lunch at Cobblestone in Yorkville. School Board Alderman Funkhouser reported on the School Board meeting. Yorkville School District Superintendent And Board President Lunch Mayor Golinski reported on his lunch with the superintendent and school board president. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Golinski said the Council is going into Executive Session for the purpose of For the discussion of minutes of meetings lawfully closed under the Open Meetings Act,whether for purposes of approval by the body of the minutes or semi-annual review of the minutes. The City Council entered Executive Session at 7:37 p.m. The City Council returned to regular session at 7:44 p.m. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 7:45 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville, Illinois