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City Council Minutes 2014 11-25-14 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,NOVEMBER 25,2014 Mayor Pro Tem Kot called the meeting to order at 7:01 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 N Spears Present (called in) Teeling Present(arrived at 7:03) Also present: City Clerk Warren,City Attorney Orr, 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,Director of Parks and Recreation Evans, Planner Heinen QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Frieders requested that Item#4 on the consent agenda,Resolution for Highway Permit for Kendall Crossing—NCG Theater(PW 2014-87),be moved to the regular agenda under Public Works Committee Report.Alderman Kot requested that Item#11 on the consent agenda,Route 34 Improvements(PW 2014-95),be moved to the regular agenda under Public Works Committee Report. Mayor Pro Tern Kot entertained a motion to approve the amendments to the agenda. So moved by Alderman Koch; seconded by Alderman Funkhouser. Amendment approved unanimously by a viva voce vote. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Cannonball Trail LAFO—Authorization of Contract Changes No. 1 -authorize City Administrator to execute (PW 2014-84) 2. Resolution 2014-32 Approving a Local Agency Agreement between the United City of Yorkville and Illinois Department of Transportation for Game Farm Road- Somonauk Street Improvements -authorize Mayor and City Clerk to execute (PW 2014-85) 3. Resolution 2014-33 Regarding Night-Time Work for Reconstruction of US Route 34(Eldamain to Center Parkway)-authorize Mayor and City Clerk to execute (PW 2014-86) 4. Wrigley Site Expansion(PW 2014-88) a. Ordinance 2014-51 Proposing the Establishment of Special Service Area Number 2014-2 in the United City of Yorkville,Kendall County, Illinois and Providing for Other Procedures in Connection Therewith(Wrigley)-authorize Mayor and City Clerk to execute b. Ordinance 2014-52 Accepting a Plat of Easement for Stormwater Management(Wrigley Expansion)-authorize Mayor and City Clerk to execute 5. Ordinance 2014-53 Proposing the Establishment of Special Service Area Number 2014-3 in the United City of Yorkville,Illinois and Providing for Other Procedures in Connection Therewith (Heartland Meadows)-authorize Mayor and City Clerk to execute (PW 2014-89) The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 2 of 7 6. Ordinance 2014-54 Vacating a Portion of the Liberty Street Right-of-Way and a Portion of the Elm Street Right-of-Way(Heartland Meadows)-authorize Mayor and City Clerk to execute (PW 2014-90) 7. Walsh Drive Drainage Improvements—Change Order No. 1 -authorize decrease in an amount not to exceed$36,982.00 and authorize the Mayor to execute (PW 2014-91) 8. Raintree Village Units 4, 5,and 6—Completion of Improvements—Change Order No. 3 - authorize decrease in an amount not to exceed$20,325.35 and authorize the Mayor to execute (PW 2014-92) 9. Corneils and Beecher Road Improvements—Professional Services Agreement with EEI—Design and Construction Engineering-authorize Mayor and City Clerk to execute (PW 2014-94) Mayor Pro Tem Kot entertained a motion to approve the consent agenda as amended. So moved by Alderman Koch; seconded by Alderman Milschewski. Consent agenda was approved unanimously by a viva voce vote. MINUTES FOR APPROVAL 1. Minutes of the Regular City Council—October 28, 2014(CC 2014-97) 2. Minutes of the Special City Council—November 8,2014(CC 2014-98) 3. Minutes of the Special City Council—November 10,2014 (CC 2014-99) Mayor Pro Tem entertained a motion to approve the minutes of the regular City Council meeting of October 28,2014 and the minutes of the special City Council meetings of November 8, 2014 and November 10, 2014. So moved by Alderman Colosimo; seconded by Alderman Frieders. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Bills for payment were$1,557,120.58. REPORTS MAYOR'S REPORT 2014 Bond Abatements (CC 2014-100) Ordinance 2014-55 abating the tax hereto levied for the year 2014 to pay the principal of and interest on the$3,500,000 General Obligation Bonds(Alternate Revenue Source),Series 2004B Ordinance 2014-56 abating the tax hereto levied for the year 2014 to pay the principal of and interest on$3,525,000 General Obligation Bonds (Alternate Revenue Source),Series 2005 Ordinance 2014-57 abating the tax hereto levied for the year 2014 to pay the principal of and interest on the$3,020,000 General Obligation Refunding Bonds,(Alternate Revenue Source),Series 2007A Ordinance 2014-58 abating the tax levied for the year 2014 to pay the principal of and interest on the$11,150,000 General Obligation Refunding Bonds (Alternate Revenue Source),Series 2011 Ordinance 2014-59 abating the tax levied for the year 2014 to pay the principal of and interest on the$1,235,000 General Obligation Refunding Bonds (Alternate Revenue Source),Series 2014 Ordinance 2014-60 abating the tax hereto levied for the year 2014 to pay the principal of and interest on the$4,295,000 General Obligation Bonds (Alternate Revenue Source), Series 2014A Ordinance 2014-61 abating a portion of the tax hereto levied for the year 2014 to pay the principal of and interest on the$2,300,000 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2014B Ordinance 2014-62 abating the tax hereto levied for the year 2014 to pay the principal of and interest on the$1,290,000 General Obligation Refunding Bonds (Alternate Revenue Source),Series 2014C Mayor Pro Tem Kot entertained a motion to approve the 2014 bond abatement ordinances#I a through #lh as listed on the City Council agenda and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Frieders. The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 3 of 7 Alderman Colosimo asked questions about the SSA Abatement Ordinances and City Administrator Olson answered. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye SSA Abatement Ordinances (CC 2014-101) ^ Ordinance 2014-63 Abating Special Service Area Taxes for Special Service Area Number 2005-108(Autumn Creek Project)and Approving the Amended Special Tax Roll Ordinance 2014-64 Abating Special Service Area Taxes for Special Service Area Number 2005-109(Bristol Bay I Project)and Approving the Amended Special Tax Roll Ordinance 2014-65 Abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village Project)and Approving the Amended Special Tax Roll Ordinance 2014-66 Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project)and Approving the Amended Special Tax Roll Ordinance 2014-67 Abating Special Service Area Taxes for Special Service Area Number 2004-104(Central Grande Reserve)and Approving the Amended Special Tax Roll Ordinance 2014-68 Abating Special Service Area Taxes for Special Service Area Number 2004-107(Raintree Village H Project) Mayor Pro Tem Kot entertained a motion to approve the 2014 SSA abatement ordinances#2a through#2f as listed on the City Council agenda and authorize the Mayor and City Clerk to execute. So moved by ^ Alderman Spears; seconded by Alderman Milschewski. 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 Ordinance 2014-69 Abating Taxes Levied by Ordinances Adopted by the City Council of the United City of Yorkville,Kendall County,Illinois,Which Provided for the Issuance of Its General Obligation Bonds(Alternate Revenue Source), Series 2005A and Its General Obligation Bonds(Alternate Revenue Source), Series 2005C and a Levy of Taxes Related Thereto (CC 2014-102) Mayor Pro Tern Kot entertained a motion to approve an ordinance abating taxes levied by ordinances adopted by the City Council of the United City of Yorkville,Kendall County,Illinois,which provided for the issuance of its general obligation bonds(alternative revenue source), series 2005A and its general obligation bonds(alternative revenue source), series 2005C and a levy of taxes related thereto and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Alderman Teeling asked a question about the bonds. City Administrator Olson stated the City financed both of these bonds and had a new debt service associated with this. This is basically a cancellation ordinance for those bonds.Alderman Funkhouser stated the format of the ordinance is different and asked why. City Attorney Orr answered his question. ^ Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye Ordinance 2014-70 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2015 and Ending April 30,2016 in and for the United City of Yorkville Special Service Area Number 2004-201 (Fox Hill) (CC 2014-103) Mayor Pro Tern Kot entertained a motion to approve an ordinance for the amended levy and assessment of taxes for the fiscal year beginning May 1,2015 and ending April 30,2016 in and for the United City of The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 4 of 7 Yorkville special service area number 2004-201 (Fox Hill)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 Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye Ordinance 2014-71 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2015 and Ending April 30,2016 in and for the United City ^ of Yorkville Special Service Area Number 2006-119(Sunflower Estates) (CC 2014-104) Mayor Pro Tern Kot entertained a motion to approve an ordinance for the amended levy and assessment of taxes for the fiscal year beginning May 1,2015 and ending April 30,2016 in and for the United City of Yorkville special services area number 2006-119 (Sunflower Estates)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-8 Nays-0 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Ordinance 2014-72 for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1,2015 and Ending on April 30,2016 for the United City of Yorkville (CC 2014-105) Mayor Pro Tern Kot entertained a motion to approve an ordinance for the levy and assessment of taxes for the fiscal year beginning on May 1,2015 and ending on April 30,2016 for the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye Ordinance 2014-73 Authorizing the Adoption of a New Amended Yorkville Zoning Ordinance (CC 2014-106) Mayor Pro Tem Kot entertained a motion to approve an ordinance the adoption of a new amended Yorkville zoning ordinance and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Koch. Alderman Frieders stated that under daycare home group,page 769, massage establishment is lumped under that. Community Development Director Barksdale-Noble stated that is a format error. Alderman Frieders mentioned page 780 which is the chapter 18 telecommunication towers, antennas, and facilities. The changes that are being put in means that any cell tower proposed in an Rl/R2 area would have to go through a special use process. Community Development Director Barksdale-Noble stated correct. Alderman Frieders said then it would still be a possibility to put a cell tower in a neighborhood. Community Development Director Barksdale-Noble stated if it passes a special use criteria. Alderman Kot said a lot of the calls he gets as an alderman are in regards to parking of boats and RV's. He asked if the City got a lot of input on that from Yorkville's residence during the process. Community Development Director Barksdale-Noble stated the bigger concern were RV's more so than boats. The City did get input. That was kind of one of the hot button items that was discussed. For boats, in most cases,the issues are that the boats are not located in the right place on the lot or that the boats are in disrepair.Alderman Kot wanted to discussed the adult entertainment section.He feels very strongly that the ordinance the City has now,works.He wanted to make sure the City is not doing anything that is going to dilute that ordinance. Community Development Director Barksdale-Noble stated no,nothing was done to dilute it. Motion approved by a roll call vote. Ayes-7 Nays-1 Kot-aye, Frieders-aye, Spears-aye, Colosimo-nay, Funkhouser-aye,Milschewski-aye,Teeling-aye,Koch-aye ^ Resolution 2014-34 Approving a First Amendment to the Intergovernmental Agreement for Reciprocal Building Inspection Services between Kendall County and the City (CC 2014-107) Mayor Pro Tern Kot entertained a motion to approve a resolution approving a first amendment to the intergovernmental agreement for reciprocal building inspection services between Kendall County and the City and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Koch. City Administrator Olson gave an update on this resolution.He said the current agreement prohibits either entity from doing plumbing inspections for the other entity.Yorkville's building Code Official Ratos is a The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 5 of 7 plumbing inspector. He is a certified plumber with the state. The County does not have one on staff. Yorkville would like to permit Building Code Official Ratos to do plumbing inspections in the County, when he is able and at his discretion. City Administrator Olson thinks that would be fair based on the existing agreement.Alderman Frieders asked if it was customary to include someone's name instead of their job title and qualifications. Community Development Director Barksdale-Noble stated no. Motion approved by a roll call vote. Ayes-8 Nays-0 , Frieders-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye MITT Compliance Review No.62 for January 1,2012—December 31,2013 (CC 2014-108) Mayor Pro Tem Kot entertained a motion to approve the MFT compliance review No. 62 for January 1, 2012 -December 31,2013. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Alderman Frieders asked a series of questions. He asked if this was like an audit.He asked if it is done every other year. He asked if it tells a person where to put their money. He asked if it tells a person what is left. City Administrator Olson answered yes to all his questions. 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 Skidsteer RFP Results—Bid Award (CC 2014-109) Mayor Pro Tem Kot entertained a motion to approve the trade in allowance of the Caterpillar 436C combination backhoe loader serial number RO1868 to McCann Industries in the amount of$26,000.00 and approve the purchase of a Takeuchi TL8skid steer track loader from McCann Industries in the amount of$50,700.00for a net total expenditure of$24,700.00. So moved by Alderman Frieders; seconded by Alderman Milschewski. Public Works Director Dhuse discussed this RFP. �. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Spears-present PUBLIC WORKS COMMITTEE REPORT Resolution for Highway Permit for Kendall Crossing—NCG Theater (PW 2014-87) Alderman Teeling made a motion to approve a resolution for a highway permit for Kendall Crossing- NCG Theater and authorize the Mayor and City Clerk to execute.; seconded by Alderman Milschewski. Alderman Frieders had a question on page 40 of Dan Kramer's letter.Attorney Kramer answered. 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 Route 34 Improvements(Eastern Project) (PW 2014-95) Mayor Pro Tem Kot made a motion to table to table Route 34 Improvements(PW 2014-95)to the next City Council meeting. So moved by Alderman Koch; seconded by Alderman Frieders. 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 ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2014-74 Amending the Regulations in the City's Property Maintenance Code for Properties in the Downtown Property Maintenance District (EDC 2014-38) Alderman Koch entertained a motion to approve an ordinance amending the regulations in the City's property maintenance code for properties in the downtown property maintenance district and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Colosimo. Alderman Funkhouser said there needed to be language cleanup.He asked how the City is going to enforce the subjective nature to some of these items within the ordinance. Community Development The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 6 of 7 Director Barksdale-Noble stated the property maintenance code and, in some instances,the building code are left up to the discretion of the building code official. There is an option in the building code to provide a committee for building related objections but that has been substituted for the Council.Alderman Funkhouser thinks the staff did a nice job of creating some additional guidelines for the downtown area. Alderman Milschewski and Community Development Director Barksdale-Noble discussed abandoned vehicles in the downtown area.Alderman Frieders asked when a definition of the downtown was going to be made. Community Development Director Barksdale-Noble stated by the beginning of the year. Motion approved by a roll call vote. Ayes-8 Nays-0 ^ Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye, Frieders-aye, Spears-aye,Colosimo-aye,Funkhouser-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Bryan & Lindsey Harl—3416 Route 47—1.5 Mile Review (PC 2014-19) Planner Heinen stated this item was heard at the October 27,2014 Kendall County Zoning Board of Appeals and was approved.He stated this is information only. Alderman Frieders mentioned that this is the little pie next to Kennedy.Alderman Frieders said that a shed was being put back by the creek.He is excited to see it. Bridget Carlsen—9950 Lisbon Road—1.5 Mile Review (PC 2014-20) Planner Heinen said this one will be heard at the December 8, 2014 Zoning Board of Appeals meeting. Any feedback that was generated from City Council tonight will be forwarded on. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY& LIAISON REPORT Library Fundraiser Alderman Colosimo said on January 25,2015 from 11:00-4:00 there will be a library fundraiser. It is the Library's mini golf event. This will be the second annual mini golf event. AACVB Alderman Funkhouser said the AACVB is still in the process of searching for an executive director. It is also working on developing a new strategic plan for the organization. In the past six months the group has come together. The organization has made some measurable accomplishments.There is still a challenge with not having an approved budget. The AACVB is starting to make moves that will potentially position them in the coming years to be able to be more effective as a group with the City's hotel tax dollars.The discussion is going to be coming up at a future Administrative Committee meeting about the renewal of the City's contract. At the end of 2015,the City will need to make a determination of whether or not to stay with the AACVB. STAFF REPORT No report. ADDITIONAL BUSINESS Lights At Countryside Parkway Alderman Teeling and Public Works Director Dhuse discussed the lights at Countryside Parkway. Yorkville Staff Alderman Frieders wanted to thank the staff at Thanksgiving, for they do an amazing job. The Minutes of the Regular Meeting of the City Council—November 25,2014—Page 7 of 7 Parks and Recreation Fireworks Alderman Frieders wanted to thank Parks and Recreation for the fireworks.Alderman Milschewski added that it was a very nice event. She mentioned that there was a business on Heustis Street that blocked off some of their own parking. The cones are still there. It was not blocked off by the City. Chili Chase 5K Run/Walk Alderman Frieders started the chili chase.He had two people stop him to say the course was laid out beautifully and that people were outside their homes cheering. The way that the chili chase was run was awesome.Yorkville has a small town appeal but the City is putting on events that Aurora can't touch. Salting Issue Alderman Funkhouser said the City has had some issues of acquiring salt and is in the process of a new system. He asked City Administration Olson to outline the City's policies for salting. City Administrator Olson said the City does problem areas, curbs,and intersections. The City salts during the day and then right behind rush hours in the morning and the evenings. If a resident sees an issue with roads then they should call the non emergency number,which is 630-553-4343. The dispatchers are empowered to talk to the Police Department and will then talk to Public Works. When issues come up the Police Department and Public Works are in constant communication with the dispatchers. The Police Department will be the eyes and ears of the community. A Sign At Main By Elizabeth Alderman Colosimo needs a small sign saying cross traffic does not stop.This needs to be put at Main Street by Elizabeth. Public Works Director Dhuse will handle that. Intersection At Western Alderman Frieders asked Public Works Director Dhuse if the stop sign has been replaced at the intersection at Western. The answer was yes. EXECUTIVE SESSION None. CITIZEN COMMENTS None. ADJOURNMENT Mayor Pro Tem Kot wished everyone a happy and safe Thanksgiving. Mayor Pro Tern Kot stated meeting adjourned. Meeting adjourned at 7:49 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois