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City Council Minutes 2015 05-26-15 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,MAY 26,2015 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 Tarulis Absent Teeling Present 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 Morrison,Community Development Director Barksdale-Noble,Director of Parks and Recreation Evans QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that the executive session on litigation be moved after the public hearing. Amendment approved unanimously by a viva voce vote. PRESENTATIONS None. PUBLIC HEARINGS 1. Public Hearing pursuant to the requirements of Sections 10 and 20 of the Bond Issuance Notification Act of the State of Illinois,as amended on the plans to issue General Obligation Bonds(Alternate Revenue Source), Series 2015A in the amount not to exceed$6,250,000. Mayor Golinski read the following: Good evening, ladies.and gentlemen. This hearing will come to order. Let the record reflect that this is a public hearing being held pursuant to the requirements of Sections 10 and 20 of the Bond Issue Notification Act of the State of Illinois, as amended. Notice of this hearing was published on May 14, 2015, in the Kendall County Record, a newspaper of general circulation in the City. This is a hearing regarding a plan to issue not to exceed $6,250,000 in aggregate principal amount of the Issuer's General Obligation Bonds (Alternate Revenue Source),Series 2015A. The proceeds of the Bonds will be used to (i)finance the acquisition, construction, rehabilitation and equipping of infrastructure improvements within the City, including, but not limited to, water infrastructure improvements in the City's Countryside subdivision, (ii) current refund a portion of the City's outstanding General Obligation Bonds (Alternate Revenue Source), Series 2005, which were issued to finance certain redevelopment project costs to be incurred in connection with the redevelopment of the US Route 34 & IL Route 47 (Countryside Shopping Center) Tax Increment Financing Redevelopment Project Area and (iii) pay certain costs of issuance of the Bonds thereof. The Bonds will be issued by the Issuer in accordance with the provisions of Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and shall constitute a general obligation of the City, payable from (i) all collections distributed to the City from Retailer's Occupation Taxes, Service Occupation Taxes, Use Taxes and Service Use Taxes, and(ii) ad valorem taxes of the City for which its full faith and credit have been irrevocably pledged, unlimited as to rate or amount. This public hearing is required by Section 10 of the Bond Issue Notification Act of the State of Illinois, as amended. At the time and place set for the public hearing, residents, taxpayers and other interested persons will be given the opportunity to express their views for or against the proposed plan of financing, the issuance of the Bonds and the purpose of the issuance of the Bonds. The Minutes of the Regular Meeting of the City Council—May 26,2015—Page 2 of 5 Mayor Golinski asked if anyone would like to express their views for or against the proposed plan. There were no comments.Mayor Golinski closed public hearing. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. For litigation. The City Council entered Executive Session at 7:06 p.m. The City Council returned to regular session at 7:20 p.m. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Mill Street Roadway Improvements—Local Agency Functional Overlay(LAFO)— Professional Services Agreement—Design Engineering-approve agreement between the City and Engineering Enterprises, Inc. and authorize the Mayor and City Clerk to execute (PW 2015- 17) 2. 2015 Road to Better Roads Program—Bid Award-accept bid and award contract to D Construction, Co. in an amount not to exceed$544,478.75 (PW 2015-18) 3. 2015 Sanitary Sewer Lining Program—Bid Award-accept bid and award contract to Visu- Sewer of Illinois, LLC in an amount not to exceed$162,524.65(PW 2015-19) 4. Countryside Subdivision- Street and Water Main Improvements—Professional Services Agreement—Design Engineering-approve agreement between the City and Engineering Enterprises, Inc. and authorize the Mayor and City Clerk to execute (PW 2015-20) 5. Monthly Treasurer's Report for April 2015 (ADM 2015-19) 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-7 Nays-0 Colosimo-aye,Milschewski-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye n MINUTES FOR APPROVAL 1. Minutes of the Regular City Council—April 28,2015 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of April 28,2015, as presented. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Alderman Colosimo said under additional business in the WSPY section the name should be changed to Jarod. Amended minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $1,378,373.64. REPORTS MAYOR'S REPORT Appointment to Zoning Board of Appeals—Donald Marcum (CC 2015-46) Mayor Golinski entertained a motion to approve the Mayor's appointment of Donald Marcum to the Zoning Board of Appeals to a term ending May 2017. So moved by Alderman Teeling; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Frieders-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye Required Reporting to Municipality by the Police Pension Fund Board (CC 2015-47) City Administrator Olson said the report is in the packet. He or Finance Director Fredrickson will answer any questions about the report.Alderman Kot said it looks like the Police Pension Fund Board is doing much better this year than last year. Finance Director Fredrickson commented on this.Alderman Colosimo,City Administrator Olson, and Finance Director Fredrickson discussed the schedule. Resolution 2015-08 Approving a Local Agency Agreement for Federal Participation The Minutes of the Reeular Meeting of the City Council—May 26,2015—PalEe 3 of 5 Between the United City of Yorkville and the Illinois Department of Transportation-Illinois Route 47 ITEP Project TE-OOD3(087) (PW 2015-08) Mayor Golinski entertained a motion to approve a resolution approving a local agency agreement for federal participation between the United City of Yorkville and the Illinois Department of Transportation- Illinois Route 47 ITEP project TE-OOD3(087)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-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye, Frieders-aye NIMEC Street Light Renewal (CC 2015-48) Mayor Golinski entertained a motion to authorize the City Administrator and Finance Director to sign contracts to secure the provision of electricity for the City's street light accounts from the firm identified as the low cost provider by NIMEC, effective only for the current NIMEC renewal cycle which ends June 30, 2015. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Colosimo-aye PUBLIC WORKS COMMITTEE REPORT Kane-Kendall Council of Mayors(KKCOM)—Call for Projects (PW 2015-21) Alderman Funkhouser made a motion to authorize staff to prepare the application for the Kennedy Road, Mill Road, and Countryside projects for Kane-Kendall Council of Mayors call for projects for future consideration by City Council; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye, Frieders-aye, Colosimo-aye,Funkhouser-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2015-25 Approving the First Amendment to an Annexation Agreement By and Between the United City of Yorkville,Kendall County,Illinois and DJJRB Family Land Trust(Aspen Ridge Estates) (PC 2015-06) Ordinance 2015-26 Approving the First Amendment to an Annexation Agreement By and Between the United City of Yorkville,Kendall County, Illinois and Gerald Brummel(Chally Farm) (PC 2015-06) Ordinance 2015-27 Approving the First Amendment to an Annexation Agreement By and Between the United City of Yorkville,Kendall County,Illinois and Castle Bank,A Division of First National Bank of Omaha,as Trustee under Trust Agreement Dated January 8,2013 and known as Trust Number 2845 (Evergreen Farm Estates) (PC 2015-06) Ordinance 2015-28 Approving the First Amendment to an Annexation Agreement By and Between the United City of Yorkville,Kendall County, Illinois and Justine Brummel(Silver Fox) (PC 2015-06) Ordinance 2015-29 Approving the First Amendment to an Annexation Agreement By and Between the United City of Yorkville,Kendall County,Illinois and BBG Kendall,LLC,an Illinois Limited Liability Company(Yorkwood Estates) (PC 2015-06) Alderman Koch made a motion to approve an ordinance approving the first amendment to an annexation agreement by and between the DJJRB Family Land Trust(Aspen Ridge),Gerald Brummel(Chally Farm),division of First National Bank of Omaha,as Trustee under the trust agreement and known as trust number 2845 (Evergreen Farm Estates),Justine Brummel(Silver Fox), and BBG Kendall,LLC,an Illinois Limited Liability Company(Yorkwood Estates)and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye The Minutes of the Reeular Meeting of the City Council—May 26,2015—Page 4 of 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2015-30 Authorizing the Renewal of the Aggregation Program for Electrical Load in the United City of Yorkville (ADM 2015-22) Alderman Milschewski entertained a motion to approve an ordinance authorizing the renewal of the aggregation program for electrical load in the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Koch. Alderman Frieders discussed the renewal of the aggregation program for electrical load. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye PARK BOARD Land Lease Agreement of Railroad Property between Illinois Railway,LLC and the United City of Yorkville (CC 2015-49) Mayor Golinski entertained a motion to approve a land lease agreement between the United City of Yorkville and Illinois Railway, LLC subject to staff and legal review and authorize the Mayor to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. City Administrator Olson wanted to make it clear that the City doesn't usually make items subject to staff and legal review anymore. This motion does have that added to it.As the memo stated,there are two sections that are still being negotiated with the railroad staff.Because of their deadline requirements for the application process,the City needs a vote this meeting in order to authorize it before the deadline expires.Alderman Kot asked if there was a possibility to talk about the railroad crossing at Mill. It is rough and needs to be fixed.Alderman Frieders believes it would be better to wait to see what the Governor will do before entering into this agreement. Even if it means paying additional cost down the road. He also asked if the City could consider buying the property. City Administrator Olson said the purchase of the property does not seem to be an option. Given the administrative resources needed to support it, it is better to continue the lease.Alderman Funkhouser and City Administrator Olson discussed the pros and cons of the project. Alderman Funkhouser is leaning toward the leasing option for this year. Alderman Colosimo pointed out that the terms of the lease state the lease can be terminated by the railroad with 90 days notice. City Administrator Olson said it is a risk but it is very unlikely that the railroad would do this,unless they decided to add another line.Alderman Colosimo asked if it was possible to redesign the project eliminating the need to lease this land and applying the money that would be used for other assets for the park. Alderman Teeling asked if redesigning it would affect the City's grant. City Administrator Olson stated potentially.Director of Parks and Recreation Evans stated that the nature of the parcel of land and the project in general provides very few options.Alderman Koch discussed a green space on 4th street.Alderman Frieders and Director of Parks and Recreation Evans discussed the strategy of getting the lease in place now to maintain this option while looking into a potential redesign of the project. Mayor Golinski and Director of Parks and Recreation Evans discussed some of the details of the project. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye,Colosimo-aye PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT Lighten Up Program Alderman Frieders reported that the United City of Yorkville and the Yorkville Parks and Recreation department is challenging Yorkville residents to lighten up.The lighten up program is a weight loss The Minutes of the Regular Meeting of the City Council—May 26,2015—Page 5 of 5 competition that will help residents to get healthy,fit,and fabulous this summer. The top three winners will be given awards at Hometown Days. STAFF REPORT No report. ADDITIONAL BUSINESS None. CITIZEN COMMENTS Rhonda Konwent,Blackberry Crossing Subdivision, discussed the fact that this subdivision has a problem with speeders. ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 7:51 p.m. Minutes submitte y: Beth Warren, City Clerk,City of Yorkville,Illinois REGULAR CITY COUNCIL MEETING AQ, W PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: A�e t 4Z SIGNIN REGULAR CITY COUNCIL MEETING Public Comment I'la(4 2(a 0 S PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: e,/1 el�/- /Z SIGNM