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City Council Minutes 2015 01-27-15 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 27,2015 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,City Attorney Orr, City Administrator Olson, Chief of Police Hart,Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson, Community Development Director Barksdale-Noble,Parks and Recreation Director Evans, and EEI Engineer Sanderson. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS PW 2014-89 Heartland Meadows—804 Bristol Avenue—Proposed Special Service Area 2014-3 Please see attached transcript from the court reporter regarding the public hearing portion of the meeting. CITIZEN COMMENTS ON AGENDA ITEMS Mark Johnson spoke in support of the Ordinance Amending the License Regulations for Pawnbrokers and Resale Dealers. He said when the license regulations for pawnbrokers and resale dealers were originally passed in 2013, he was not in support of a long hold time on items before they could be sold; however, he was recently the victim of a robbery and some of the stolen items were sold to licensed businesses in Yorkville. He is in favor of the proposed amendment to the license regulations. Jessie Alaniz also spoke in support of the proposed Ordinance Amending the License Regulations for Pawnbrokers and Resale Dealers. CONSENT AGENDA 1. Ordinance 2015-05 Amending the Code of Ordinances regarding a Micro-Distillery License Class-authorize the Mayor and City Clerk to execute(PS 2015-03) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Colosimo; 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 MINUTES FOR APPROVAL None. BILLS FOR PAYMENT(Informational): $1,111,953.40 The Minutes of the Regular Meeting of the City Council—January 27,2015—Page 2 of 4 REPORTS MAYOR'S REPORT Comprehensive Plan Steering Committee Appointments (CC 2015-09) Mayor Golinski entertained a motion to approve the Mayor's appointment of Russell Walter to the comprehensive plan steering committee as the Library Board representative. So moved by Alderman Koch; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Milschewski-aye,Koch-aye, Teeling-aye,Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye,Funkhouser-aye Route 34 Trail Alignment(Western Section) (CC 2015-10) Mayor Golinski entertained a motion to authorize staff to notify IDOT that the city wishes to proceed with the original IDOT proposed trail alignment. So moved by Alderman Frieders; seconded by Alderman Koch. Discussion took place regarding the original IDOT proposed trail alignment which had the trail placed on the north side of Route 34 from Oswego headed west to Center Parkway,where the trail would shift to the south side of Route 34 until Cannonball Trail,where the trail would shift back to the north side heading west to Plano. In August of 2014,to eliminate trail users having to cross Route 34 twice within 2/3 of a mile,the City Council authorized staff to notify IDOT that the city recommended the trail location be shifted between Center Parkway and Cannonball Trail to the north side,which would result in a trail running all the way from Oswego to Plano on the north side of Route 34. IDOT reviewed this request and provided three options for moving the trail to the north side of Route 34. The three options were estimated to cost the city an additional$136,000- $624,000,depending on the option chosen, and would also delay the project by several months. Discussion took place as to whether this would be a potential public safety issue, since there would be two Route 34 crossings within 2/3 of a mile. It was discussed that potentially many of the users would be students who would be coming from the Countryside Subdivision and the students would need to cross Route 34 anyway to come down Game Farm Road to get to the high school. There might also be some students who would come from the Fox Hill and Cimarron Ridge Subdivisions(located on the south side of Route 34)and use the trail to get to the high school also. It was also asked if the trail was moved to the north side,would it delay just the trail or would it delay the whole project. Administrator Olson explained that it would delay the whole project,not just the trail. It was questioned as to whether the city could use some of the surplus from the bond for road improvements and Administrator Olson said that yes,the surplus from the roadway improvement bond could be used;however, he cautioned that the city had other major road improvements that would be a better use of the surplus bond money. Motion failed by a roll call vote. Ayes-3 Nays-5 Koch-aye, Teeling-aye,Frieders-aye,Kot-nay, Colosimo-nay, Spears-nay, Funkhouser-nay,Milschewski-nay Mayor Golinski said that he would like staff to talk to IDOT again and see if there are any other options that they could give us. He also thought that the City Council needed to consider the additional funding that moving the trail would require. He asked that this item be brought back to the next City Council meeting. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2015-06 Amending the License Regulations for Pawnbrokers and Resale Dealers to Comply with State Law (PS 2014-27) Alderman Colosimo made a motion to approve an Ordinance Amending the License Regulations for Pawnbrokers and Resale Dealers in the City to Comply with State Law and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. The Minutes of the Regular Meeting of the City Council—January 27,2015—Page 3 of 4 Discussion took place regarding the fact that these licensing regulations do not necessarily stop all crime; however,the license regulations are a tool to help the police department. Mayor Golinski gave an update to the City Council regarding a license hearing that had been held earlier that day on the renewal of a resale dealer license for a business located in the city. After hearing testimony at the hearing,he came to the decision the business had knowingly purchased stolen goods from a known thief and he decided at the hearing that the resale dealer license would not be renewed. The business was given thirty days to cease operations as a resale dealer. s-11 Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Frieders-aye,Kot-aye, Colosimo-aye, Spears-aye,Funkhouser-aye,Milschewski-aye,Koch-aye ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Riverfront Park Playground—Request for Proposal (CC 2015-11) Mayor Golinski entertained a motion to authorize staff to issue a request for proposal for a nature-themed playground at Bicentennial Riverfront Park. So moved by Alderman Colosimo; seconded by Alderman Teeling. Alderman Funkhouser commented that instead of a traditional nature theme,he would like to see something that is a little more modern or makes a statement since this park is located at the riverfront. Director Evans said that staff took direction from the Park Board on the theme;however,there would be individual pieces of the playground that would be unique for the riverfront park from other city parks. Motion approved by a roll call vote. Ayes-8 Nays-0 Frieders-aye, Kot-aye, Colosimo-aye, Spears-aye, Funkhouser-aye, Milschewski-aye, Koch-aye, Teeling-aye PLAN COMMISSION Ordinance 2015-07 Approving a Special Use for a Freestanding Wind Energy System (Yorkville Community School District#115—920 Prairie Crossing drive) (PC 2014-18) Mayor Golinski entertained a motion to approve an Ordinance Approving a Special Use for a Freestanding Wind Energy System(Yorkville Community School District#115—920 Prairie Crossing Drive)and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot and seconded by Alderman Teeling. Discussion took place as to how close nearby residents would be. The setback is a minimum of 88 feet from the property line; however,the closest resident currently is 625 feet from the proposed site. For future development, it was discussed that the vacant property to the south is Hudson Lakes,which has not been final platted yet, so anyone who would be looking to build in the future near this site would be aware of the wind energy system before they started to build. Discussion also took place with regard to shadow flicker. Director Noble explained that there are standards contained in city ordinance that if shadow flicker were to occur and there was a resident complaint,there are already steps in place to mitigate the shadow flicker. It was also discussed that this could be a good educational experience for children at the Middle School. ^ Motion approved by a roll call vote. Ayes-6 Nays-2 Kot-aye, Colosimo-aye, Spears-nay, Funkhouser-nay, Milschewski-aye,Koch-aye, Teeling-aye, Frieders-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. The Minutes of the Regular Meeting of the City Council—January 27,2015—Page 4 of 4 CITY CLERK'S REPORT No report. COMMUNITY& LIAISON REPORT Library 100 Year Anniversary Mayor Golinski reported that the library held their 100 Year Kick-off Celebration last Saturday and both he and Alderman Kot attended it. He said they gave a great presentation on the history of the library. He encouraged everyone to support the city's library. Comprehensive Plan Survey Alderman Frieders reported that the comprehensive plan steering committee is looking for feedback from residents. He encouraged everyone to take a quick survey to provide feedback to the steering committee. The survey can be found online at: https://www.surveymonkey.com/s/theyorkvilleplan. STAFF REPORT Retail Study Survey City Administrator Olson reported that the city still had the retail study survey open and he encouraged everyone to go online and take the retail survey as well. He said that the survey is a great opportunity for residents to voice their opinions on which businesses they would like to see in Yorkville. The survey can be found online at: https://www.surveymonkey.com/s/YorkvilleConsumerSpendingSurvey. ADDITIONAL BUSINESS Drainage Districts Alderman Funkhouser said that there had been a ruling last week from the judge regarding the drainage districts and he asked if it was possible to remove Yorkville residents from the drainage districts. Attorney Orr said that the research that has been done does not provide any direction or any authority to remove the drainage districts. She said that the judge dismissed the cases as presented to the circuit court. It is her opinion that it is up to the Kendall County Board to appoint commissioners to the drainage districts as provided by law. Alderman Funkhouser questioned that if the Kendall County Board appoints commissioners to the districts, does the city have any recourse to prohibit them from taxing city residents for this purpose. Attorney Orr said that she thought that the city would need to have its' own studies conducted to show that whatever is proposed for the drainage districts does not affect any properties within the city's boundaries or else that any problems that are being corrected are not caused by any properties within the city's boundaries. EXECUTIVE SESSION None. CITIZEN COMMENTS Jessie Alaniz spoke again regarding the licensing regulations that had been enacted for Pawnbrokers and Resale Dealers. Matt Stirender asked about the water fluoridation in the city. He asked which company the fluoride comes from and what is added to the water. Administrator Olson responded that staff could email the information to him. ADJOURNMENT Mayor Golinski adjourned the City Council meeting at 8:30 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk, City of Yorkville, Illinois 1 1 2 3 4 UNITED CITY OF YORKVILLE 5 KENDALL COUNTY, ILLINOIS 6 7 CITY COUNCIL MEETING 8 PUBLIC HEARING 9 10 11 12 800 Game Farm Road 13 Yorkville , Illinois 14 15 16 Tuesday, January 27 , 2015 17 7 : 00 p . m. 18 19 20 21 22 23 24 Vitosh Reporting Service 815. 993 . 2832 cros . vitosh @gmail . com 2 1 PRESENT : 2 Mr . Gary Golinski, Mayor; 3 Mr . Carlo Colosimo, Alderman; 4 Mr . Ken Koch, Alderman; 5 Ms . Jackie Milschewski, Alderman; 6 Mr . Larry Kot , Alderman; 7 Mr . Chris Funkhouser, Alderman; 8 Mr . Joel Frieders , Alderman; 9 Ms . Rose Ann Spears , Alderman, 10 present telephonically; 11 Ms . Diane Teeling, Alderman . 12 13 ALSO PRESENT : 14 Mr . Bart Olson, City Administrator, 15 Ms . Lisa Pickering, Minute Taker, 16 Ms . Kathleen Field Orr, City Attorney . 17 - - - - - 18 19 20 21 22 23 24 vitosh Deporting Service 815 . 993 . 2832 cros .vitosh @gmail . com 3 1 (WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 MAYOR GOLINSKI : We will enter the 5 public hearing for PW 2014-89 , Heartland Meadows , 6 804 Bristol Avenue, Proposed Special Service 7 Area, 2014-3 . 8 Do we have any members of the public 9 who would like to speak in regards to Heartland 10 Meadows? 11 (No response . ) 12 MAYOR GOLINSKI : Anyone on the Council 13 have any comments on this, concerns? 14 (No response . ) 15 MAYOR GOLINSKI : Hearing none, we will 16 close the public hearing . 17 (Which were all the 18 proceedings had in the public 19 hearing portion of the 20 meeting . ) 21 ---000--- 22 23 24 Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh @gmail . com 4 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 4 , inclusive, is a 7 true, correct and complete computer-generated 8 transcript of the proceedings had at the time and 9 place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only . I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 17th day of February, A. D . , 2015 . 18 19 20 Christine M . Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh @gmail . com 5 0 C H O transcribed[i1-4:4 transcript[21-4:8, 4:11 084-002883[1]-4:20 Carlo[i1-2:3 hand[21-4:13,4:17 OF[31-1:4,4:1,4:2 true[i]-4:7 certificate[1]-4:10 HEARING[1]-1:8 Olson[11-2:14 Tuesday[1]-1:16 1 certification[i]-4:16 hearing[61-3:3,3:5, original[i1-4:11 Certified[i]-4:3 3:15,3:16,3:19,4:5 Orr[i]-2:16 V 1[1]-4:6 certified[1]-4:12 Heartland[2]-3:5, certify[2]-4:4,4:10 3:9 P 17th[i]-4:17 Chris[1]-2:7 hereby[1]-4:4 under[z1-4:12,4:14 Christine[2]-4:3, hereto[1]-4:11 UNITED[i]-1:4 2 4:20 hereunto[q-4:16 p.m[1]-1:17 CITY[z]-1:4, 1:7 Pages[1]-4:6 V City ( Pickering[i1-2:15 2014-3[q-3:7 Y[z1-2:14,2:16 2014-89 1]-3:5 close[i]-3:16 place[11-4:9 [ 2015[21-1:16,4:17 Colosimo[i]-2:3 portion[i]-3:19 Vitosh[2]-4:3,4:20 27[i]-1:16 comments[i]-3:13 ILLINOIS[2]-1:5,4:1 PRESENT[21-2:1, complete[11-4:7 Illinois[2]-1:13,4:20 2:13 W 4 computer[11-4:7 inclusive[i]-4:6 present[i]-2:10 computer-generated proceedings[41-3:2, WHEREUPON[11- [1]-4:7 J 3:18,4:5,4:8 3:1 4[1]-4:6 concerns[1]-3:13 Proposed[i]-3:6 control[i]-4:15 pubic[i]-4:5 Jackie[1]-2:5 PUBLIC[i]-1:8 Y 7 copies[21-4:12,4:14 January[1]-1:16 _-- correct[1]-4:7 Joel[1]-2:8 public[61-3:3,3:5, COUNCIL[1]-1:7 3:8,3:16,3:18 YORKVILLE[1]-1:4 7:00[i1-1:17 Council[i]-3:12 K PW[1]-3:5 Yorkville[1]-1:13 8 COUNTY[21-1:5,4:2 R CSR[2]-4:20,4:20 Kathleen[i]-2:16 800[1]-1:12 Ken[1]-2:4 � regards[1]-3:9 804[1]-3:6 KENDALL[1]-1:5 Reporter[i]-4:4 Koch[1]-2:4 reproduced[11-4:14 Diane[i]-2:11 Kot[1I 2:6 Al response[z]-3:11, direction[1]-4:15 3:14 L E responsibility[1]- A.D[1]-4:17 4:13 accuracy[1]-4:14 Road[i1-1:12 Administrator[i1- Larry[1]-2:6 2:14 enter[1]-3:4 LASALLE[1]-4:2 Rose[1]-2:9 aforesaid[1]-4:9 Lisa[1]-2:15 Alderman[a]-2:3, F S 2:4,2:5,2:6,2:7, M 2:8,2:9,2:11 Farm[11-1:12 Service[1]-3:6 ALSO[1]-2:13 February[1]-4:17 MAYOR[3]-3:4,3:12, set[1]-4:16 Ann[i]-2:9 Field[i]-2:16 3:15 Shorthand[1]-4:3 annexed[11-4:10 following[i]-3:1 Mayor[i]-2:2 signed[i1-4:12 applies[11-4:11 foregoing p]-4:6 Meadows[21-3:5, Spears[i]-2:9 Area[1]-3:7 Frieders[1]-2:8 3:10 Special[i1-3:6 assume[11-4:13 Funkhouser[i]-2:7 MEETING[i]-1:7 SS[1]-4:1 Attorney[1]-2:16 meeting[1]-3:20 sTATE[i1-4:1 Avenue[i]-3:6 G members[i1-3:8 B Milschewski[1]-2:5 T Game[11-1:12 Minute[1]-2:15 Gary[1]-2:2 Taker[11-2:15 Bart[i]-2:14 generated[1]-4:7 N Teeling[1]-2:11 Bristol[11-3:6 Golinski[i1-2:2 telephonically[i]- GOLINSKI[3]-3:4, none[1]-3:15 2:10 3:12,3:15 thereof[21-4:12,4:16 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com REGULAR CITY COUNCIL MEETING January 27, 2015 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: klm-w4wv olilyi)t�7-1- )C/)-)C, 1 �1 cA,) i �v►�1 f REGULAR CITY COUNCIL MEETING Public Comment January 27, 2015 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: i � � Ile