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City Council Minutes 2015 07-28-15 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,JULY 28,2015 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 Present Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer, Community Development Director Barksdale-Noble,Director of Parks and Recreation Evans QUORUM A quorum was established. AMENDMENTS TO THE AGENDA City Administrator Olson stated that Item# 8 on the consent agenda, Ordinance Authorizing the Subordination of Surface Rights for Public Road Purposes (PW 2015-42),be moved to the regular agenda under the Public Works Committee Report. Alderman Tarulis requested that Item#6 on the consent agenda,Kennedy Road Right-of-Way(PW 2015- ^ 40)and Item#7 on the consent agenda,Kennedy Road Shared Use Path(PW 2015-41)be moved to the regular agenda under Public Works Committee Report. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificate of Appreciation for Retired Park Board Member—Kelly Sedgwick Mayor Golinski called Kelly Sedgwick to the front and presented him with a certificate of appreciation. PUBLIC HEARINGS None. Senator Rezin Senator Rezin addressed the Council. She gave an update on what is going on in Springfield,IL,what is going on with the budget,and what is happening in the district. She discussed the fact that the state is into its third week working without a budget.The Governor is looking to make structural reforms to improve the state economy and business climate. She discussed two amendments to be put on the ballot. One was for term limits for politicians, and the other was a fair amendment for mapping districts.The Governor insist on forms put in place before addressing the budget and additional revenue. She also discussed internships within the state to provide the future employees for area businesses. She addressed the flooding issues in this district and spoke of possible state and federal grants for flood mitigation. Alderman Frieders asked for information regarding the LDGF funds. She responded that the LDGF is still being reviewed. With a 4 billion dollar deficit, it may affect LGDF distributions.The Governor wants to see reforms before making that determination. Alderman Koch asked the status of the motor fuel tax and she responded that it was still on the table. Teeling asked for clarification on the term limits amendment and she responded. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Monthly Treasurer's Report for June 2015 (ADM 2015-33) 2. Ordinance 2015-40 Authorizing the Second Amendment to the Annual Budget for the Fiscal Year Commencing on May 1,2014 and Ending on April 30, 2015 -authorize the Mayor and City Clerk to execute (ADM 2015-36) The Minutes of the Regular Meeting of the City Council—July 28,2015—Page 2 of 5 3. Copier RFP-authorize staff to issue a request for proposals for the leasing of copier Equipment (ADM 2015-37) 4. Game Farm Road and Somonauk Street Improvements—Authorization No. 1 —authorize the City Administrator to execute (PW 2015-38) 5. 2014 Road to Better Roads Program—Change Order No. I —authorize Mayor to execute (PW 2015-39) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Colosimo; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Milschewski-aye, Tarulis-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Regular City Council—June 23,2015 2. Minutes of the Regular City Council—July 14, 2015 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of June 23,2015 and July 14,2015, as presented. So moved by Alderman Tarulis; seconded by Alderman Funkhouser. Alderman Kot stated that on the June 23,2015 minutes on page 3 under quiet zone he is listed as so moving and seconding the Railroad Quiet Zone Initiative. Amended minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were$1,402,423.55. REPORTS MAYOR'S REPORT Resolution 2015-15 Authorizing the Purchase of a Used Leeboy 1000 Paver from Casey Equipment Co.,Inc.and Waiving the Requirement of Competitive Bidding (CC 2015-59) Mayor Golinski entertained a motion to approve a resolution authorizing the purchase of a used Leeboy 1000 Paver from Casey Equipment Co., Inc. and waiving the requirement of competitive bidding and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Koch. Alderman Frieders asked if the paver would pay for itself over the next few years as opposed to bidding out the paving work. His question was answered that it would have a positive return. Alderman Frieders asked if a demonstration could be performed in the Whispering Meadows subdivision.Alderman Funkhouser asked if the equipment would be purchased outright or with a lease agreement. His question was 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, Tarulis-aye PUBLIC WORKS COMMITTEE REPORT Blackberry Woods Cash Deposit Call (PW 2015-44) Mayor Golinski entertained a motion to authorize staff to call the cash deposit in the amount of $174,016.00 for work to be completed in the Blackberry Woods Subdivision. So moved by Alderman Frieders; seconded by Alderman Kot. City Administrator Olson said the subdivision developer provided the City with quotes indicating they n were ready to move forward with the subdivision. City staff would be ok to table this for two weeks provided the developer give signed contracts and a production schedule no later than August 5,2015. The developer must perform necessary work by the end of September. Alderman Colosimo made a motion to table the Blackberry Woods cash deposit call for two weeks; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Frieders-aye Tarulis-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye The Minutes of the Reeular Meetine of the City Council—July 28,2015—Page 3 of 5 Prestwick/Ashley Pointe Bond Call (PW 2015-43) Alderman Funkhouser stated this is the bond call and it is informational. City Administrator Olson discussed the proposal given to the Public Works Committee by the developer for early acceptance of the roadways for the final surface course. By doing so the City does not have to call the bond to do this work. Calling the bond would mean the City would accept the roadway as is and provide little benefit. The Public Works Committee recommends the Council excepts the proposal as long as the developer provides it in writing by the August Public Works Committee meeting. n Attorney John Philipchuck spoke on behalf of the owners John and Michelle Stewart. He informed the Council that the first installment was made to the City and asked for early acceptance of the roadways to save the cost of the City staff by letting the developer do the work themselves with an agreed upon time schedule with the City. He believes that the project is moving forward and hopes to start building homes as soon as possible. Alderman Funkhouser said the early acceptance is one of the big issues.If the Council calls the bond now as a City then the City will accept it automatically. He doesn't believe it is fair that if the developers do the work themselves,then the City could sit on that final acceptance for years and have the developers maintain it.The discussion was that the City Council needs to buy into the idea of early acceptance for the developers to complete the improvements instead of the City calling the bond. He would like to see this continue in good faith.Alderman Colosimo's concern was the City puts in these roads for a subdivision that only has four homes, and then the subdivision starts taking off. That would be great but then the City streets that were just put in will get ripped up.A couple years later the City will be asked to give money to fix these streets.Alderman Funkhouser said that issue was addressed. The concern is the further the City goes along with the base being exposed without a final course,then the more costly it would be. Then the bond money won't be there to fix it. Then more money will be expended to fix it. It is a catch 22. It will be something the City has to maintain once the structure comes through but with the bond there is only so much. To do the work and complete it, it will actually save money now rather than having to rip out the entire basis.Alderman Frieders acknowledges all the aspects of this decision. He agrees with the developer that the City should give early acceptance and allow the developer to finish the roads in the subdivision. He also commented that it is very frustrating that a good number of subdivisions that are nearly nine years old are without the final course.He has watched the roads deteriorate within his own neighborhood.Alderman Kot asked if the City calls the bond does the City have a certain amount of time to have to use that money. City Attorney Orr said if the City calls the bond then it has to be used immediately for the purpose it was called for.Alderman Teeling and Alderman Koch added to the discussion. City Attorney Orr said this was informational and what the Council would need is a consensus for early acceptance.Mayor Golinski stated it sounds like the Council came to a consensus. Ordinance Amending the Code of Ordinances Regulating On-Street Parking (Winterberry Drive) (CC 2014-59) Alderman Funkhouser entertained a motion to approve an ordinance amending the code of ordinance regulating on-street parking(Winterberry Drive)and authorize the Mayor and City Clerk to execute. So moved by Alderman Frieders; seconded by Alderman Milschewski. City Administrator Olson gave the background on this ordinance and stated this is something that staff recommends. Raul Avila,Whispering Meadows Subdivision, lives right across the street from the proposed restriction. He feels this is not a safety issue, but more of an issue of a resident not wanting someone parking in front of their property. His son normally parks there. There was a situation where his son's car was leaking oil. When it was brought to his attention,he cleaned it up right away. He has never met his neighbor and apologized for the oil from his son's car. He doesn't believe this is a safety issue. Alderman Funkhouser said this is not an isolated type of location.He would like to consider a parking study to know where restricted parking should be.He doesn't support this ordinance for a few reasons. He said this is not a major road but a local street.There is a curve there. This is not going to fix the problem for this area. It will create more of a problem down the road.Alderman Frieders is the one that received the initial correspondence about it being a line of sight issue. The more he read it became clear to him that this wasn't about line of sight but the fact that there are a whole lot of cars parking in a small area and cars are leaving residue around the area. One of the main reasons he doesn't think this is valid,yet, is because there are no roads in Whispering Meadows. If a resident goes faster than 25 MPH then that will be trouble due to pot holes on the roads.Until Faxon connects to Route 47,there is not going to be enough traffic coming through that area to warrant this ordinance. He believes that if this is going to be done that all the curves in the City like this should have this restriction at the same time. Otherwise, if this is not done then there has to be other ways to communicate to stop having cars leak in front of a home. The Minutes of the Regular Meetine of the City Council—July 28,2015—Pa2e 4 of 5 Motion failed by a roll call vote. Ayes-0 Nays-8 Milschewski-nay, Teeling-nay,Koch-nay,Kot-nay, Frieders-nay,Tarulis-nay, Colosimo-nay,Funkhouser-nay Kennedy Road Right-of-Way—Plat of Dedication (PW 2015-40) Alderman Funkhouser made a motion to accept the plat of dedication and authorize the Mayor to execute; seconded by Alderman Milschewski. Alderman Tarulis was opposed to the bike path since its origination. He wanted to point out that this bike path and the railroad crossing puts more expense onto the City's budget at a time when the City can't maintain what it has.Alderman Colosimo is also opposed to the bike path. He discussed the financial implications of this bike path. It is a benefit to the City but it is money that the city doesn't have. It is a luxury.Alderman Funkhouser said this has been incorporated into the City's budget.Alderman Frieders doesn't believe this is a luxury,due to the way the City is laid out.Alderman Kot supported the bike path initially and still supports it today.He asked City Administrator Olson to give an update on the Push for the Path funding.Alderman Colosimo stated that the amount that was committed was$357,000, and some money has been raised. The amount raised is not close to the$357,000,yet. Alderman Tarulis discussed several traffic accidents that have occurred,which went over the curb. Motion approved by a roll call vote. Ayes-6 Nays-2 Tarulis-nay, Colosimo-nay, Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye Kennedy Road Shared Use Path(ITEP)—Railroad Crossing—Petition to Illinois Commerce Commission (PW 2015-41) Alderman Funkhouser made a motion to approve the petition to Illinois Commerce Commission and authorize the Mayor to execute and authorize staff to submit the petition to the Illinois Commerce Commission; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-2 Colosimo-nay,Funkhouser-aye,Milschewski-aye,Teeling-aye, n Koch-aye,Kot-aye,Frieders-aye, Tarulis-nay Ordinance Authorizing the Subordination of Surface Rights for Public Road Purposes(Route 71 and Van Emmon) (PW 2015-42) Alderman Funkhouser entertained a motion to approve an Ordinance authorizing the subordination of surface rights for public road purposes(Route 71 and Van Emmon); seconded by Alderman Frieders. Alderman Milschewski made a motion to table this ordinance for two weeks; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye, Frieders-aye, Tarulis-aye, Colosimo-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. n PARK BOARD No report. PLAN COMMISSION Self Storage Facility—147 Commercial Drive—Rezoning and Special Use Permit (PC 2015-09 and PC 2015-10) Ordinance 2015-41 Approving the Rezoning to the M-1 Limited Manufacturing District of the Property Located at 147 Commercial Drive (Lot 19 of Unit 3 Yorkville Business Center Subdivision) Mayor Golinski entertained a motion to approve an ordinance approving the rezoning to the M-1 limited manufacturing district of the property located at 147 Commercial Drive(lot 19 of unit 3 Yorkville The Minutes of the Regular Meeting of the City Council—July 28,2015—Page 5 of 5 Business Center subdivision)and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Tarulis. Alderman Kot asked about landscaping to the north of the project.Attorney Kelly Helland spoke on behalf of the petitioners the Terry and Ann Richards. She addressed Alderman Kot's question concerning the City's requirements and received approval of the landscape plan from the neighbors to the north. Alderman Funkhouser questioned Attorney Helland about the project. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Frieders-aye, Tarulis-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye Ordinance 2015-42 Approving a Special Use for a Public Storage Facilities/Miniwarehouse Storage(Lot 19 of Unit 3 Yorkville Business Center Subdivision) Mayor Golinski entertained a motion to approve an ordinance approving a special use for a public storage facilities/miniwarehouse storage(lotl9 of unit 3 Yorkville Business Center subdivision)and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY& LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. Collective Bargaining The City Council entered Executive Session at 8:08 p.m. The City Council returned to regular session at 8:17 p.m. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski stated meeting adjourned. 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