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City Council Minutes 2016 06-28-16 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVH LE.KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,JUNE 28,2016 Mayor Pro Tem Milschewski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. 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 Absent 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, Administrative Intern Kathman QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Tarulis requested that Item#3on the consent agenda,Intergovernmental Agreement(KC-TAP) for Kennedy Road Multi-Use Path(PW 2016-34),be moved to the regular agenda under Public Works Committee Report. . Amendment approved unanimously by a viva voce vote. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS Todd Milliron,61 Cotswold Drive,addressed the issue of home rule.He also spoke about the issue of the City Center Apartments and the possible use of home rule to rectify the situation. CONSENT AGENDA 1.Monthly Treasurer's Report for May 2016(ADM 2016-37) 2. Ordinance 2016-40 Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act—authorize Mayor and City Clerk to execute(ADM 2016-41) 3. Resolution 2016-14 Approving the Transfer of the United City of Yorkville's Interest in the Stone Subdivision Sign Located at the Southwest Corner of Diehl Farm Road and U.S.Route 34(1605 Cottonwood Trail)—authorize Mayor and City Clerk to execute(PW 2016-35) 4. Wrigley—Grant of Easement—authorize Mayor and City Clerk to execute(PW 2016-36) 5. IL Route 47 Improvements at Wrigley Access Drive—accept bid and award contract to Geneva Construction in an amount not to exceed$400,504.10(PW 2016-37) 6. 104 Beaver Street—Grant of Easement—authorize Mayor and City Clerk to execute(PW 2016-39) 7.NPDES Annual Report—authorize the City Administrator to execute(PW 2016-41) Mayor Pro Tem Milschewski entertained a motion to approve the consent agenda as amended. So moved by Alderman Kot; seconded by Alderman Koch. Motion approved by a roll call vote.Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye,Tarulis-aye,Frieders-aye, Funkhouser-aye,Koch-aye,Kot-aye MINUTES FOR APPROVAL None. The Minutes of the Regular Meeting of the City Council—June 28,2016—Page 2 of 5 BILLS FOR PAYMENT Mayor Golinski stated that the bills were$1,446,027.49. REPORTS MAYOR'S REPORT Bond Ordinances (CC 2016-40) n a. Ordinance 2016-41 Authorizing the Issuance of waterworks and Sewerage Revenue Refunding Bonds of the United City of Yorkville,Kendall County,Illinois, in an aggregate principal amount not to exceed $6,500,000 Mayor Pro Tern Milschewski entertained a motion to approve an ordinance authorizing the issuance of waterworks and sewerage revenue refunding bonds of the United City of Yorkville,Kendall County, Illinois,in an aggregate principal amount not to exceed$6,500,000 and authorize the Mayor the City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Frieders. Motion approved by a roll call vote.Ayes-7 Nays-0 Koch-aye,Kot-aye,Frieders-aye,Tarulis-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye b. Ordinance 2016-42 Authorizing the Issuance of General Obligation Refunding Bonds(Alternate Revenue Source), Series 2016 of the United City of Yorkville,Kendall County,Illinois in an amount not to exceed$6,500,000 for the purpose of refunding all or a portion of the City's outstanding Refunding Debt Certificates, Series 2006A and General Obligation Refunding Bonds(Alternate Revenue Source), Series 2007A Mayor Pro Tern Milschewski entertained a motion to approve an ordinance authorizing the issuance of general obligation refunding bonds(alternate revenue source),series 2016 of the United City of Yorkville,Kendall County,Illinois in an amount not to exceed$6,500,000 for the purpose of refunding all or a portion of the City's outstanding refunding debt certificates,series 2006A and general obligation refunding bonds(alternate revenue source), series 2007A and authorize the Mayor the City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Tarulis. Motion approved by a roll call vote.Ayes-7 Nays-0 Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Koch-aye c. Ordinance 2016-43 Calling a Public Hearing Concerning the Intent of the City Council of the United City of Yorkville,Kendall County,Illinois,to sell not to exceed$6,500,000 General Obligation Alternate Revenue Bonds Mayor Pro Tern Milschewski entertained a motion to approve an ordinance calling a public hearing concerning the intent of the City Council of the United City of Yorkville,Kendall County,Illinois,to sell not to exceed$6,500,000 general obligation alternate revenue bonds and authorize the Mayor the City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Frieders. Motion approved by a roll call vote.Ayes-7 Nays-0 Frieders-aye Tarulis-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Koch-aye,Kot-aye Ordinance 2016-44 Approving the Bristol Bay Park Purchase and Sale Agreement (CC 201641) Mayor Pro Tern Milschewski entertained a motion to approve an ordinance approving the Bristol Bay Park purchase and sale agreement and authorize the Mayor the City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Funkhouser. City Administrator Olson recommended several revisions to the ordinance. There was discussion among Alderman Funkhouser,Alderman Colosimo,Alderman Frieders,City Attorney Orr,and City Administrator Olson. City Attorney Orr spoke on this ordinance.Alderman Colosimo made a motion to n amend the real estate purchase agreement,the sale agreement,and lease use agreement in the packet to amend it to the modification recommended by the Council; seconded by Alderman Frieders. Roll call on the amended motion. Motion approved by a roll call vote.Ayes-7 Nays-0 Tarulis-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Koch-aye,Kot-aye,Frieders-aye Roll call on the main motion. Motion approved by a roll call vote.Ayes-7 Nays-0 The Minutes of the Regular Meeting of the City Council—June 28,2016—Page 3 of 5 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Koch-aye,Kot-aye,Frieders-aye,Tarulis-aye PUBLIC WORKS COMMITTEE REPORT Fountain Village—Development Status (PW 2016-38) Alderman Funkhouser made a motion to approve a letter of default being issued to the developer; n seconded by Alderman Colosimo. City Administrator Olson gave an update on the development status of Fountain Village. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Koch-aye,Kot-aye,Frieders-aye,Tarulis-aye Intergovernmental Agreement(KC-TAP)for Kennedy Road Multi-Use Path (PW 2016-34) Alderman Funkhouser made a motion an intergovernmental agreement(KC-TAP)for Kennedy Road Multi use path; seconded by Alderman Frieders. Alderman Colosimo stated that he normally votes nay on everything involving the Kennedy Road Path. Alderman Colosimo is willing to support this agreement because it does not impact the tax payers. Motion approved by a roll call vote.Ayes-6 Nays-1 Funkhouser-aye,Milschewski-aye,Koch-aye, Kot-aye,Frieders-aye,Tarulis-nay,Colosimo-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2016-45 Creating a Planning and Zoning Commission (EDC 2016-33) Alderman Koch made a motion to approve an ordinance creating a planning and zoning commission and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Alderman Frieders is in favor of this ordinance. Motion approved by a roll call vote.Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye,Koch-aye, Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Clerk and Treasurer Referendums (ADM 2016-42) a.Resolution 2016-15 Providing for the Submission to the Electors of the United City of Yorkville, Kendall County,Illinois,a Referendum of Whether the City Should Abolish the Elected Office of City Clerk and the Duties of the City Clerk be Assigned to the Deputy Clerk Alderman Milschewski made a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville,Kendall County, Illinois,a referendum of whether the City should abolish the elected office of City Clerk and the duties of the City Clerk be assigned to the Deputy Clerk and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Alderman Kot wanted clarification as to whether or not this is a binding referendum. City Attorney Orr stated that it is a binding referendum. n Motion approved by a roll call vote.Ayes-7 Nays-0 Milschewski-aye,Koch-aye,Kot-aye,Frieders-aye, Tarulis-aye,Colosimo-aye,Funkhouser-aye b.Resolution 2016-16 Providing for the Submission to the Electors of the United City of Yorkville, Kendall County,Illinois,a Referendum of Whether the City Should Abolish the Elected Office of City Treasurer and the Duties of the City Treasurer be Assigned to the Finance Director Alderman Milschewski made a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville,Kendall County, Illinois,a referendum of whether the City should abolish the elected office of City Treasure and the duties of the City Treasure be assigned to the Finance Director and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis. The Minutes of the Regular Meeting of the City Council—June 28,2016—Page 4 of 5 Alderman Frieders did not support this measure on the last referendum but supports it now. He believes there will be savings to the tax payers of Yorkville. Motion approved by a roll call vote.Ayes-7 Nays-0 Milschewski-aye,Koch-aye,Kot-aye,Frieders-aye, Tarulis-aye,Colosimo-aye,Funkhouser-aye Resolution 2016-17 Providing for the Submission to the Electors of the United City of Yorkville,Kendall County,a Referendum of Whether the City Should Become a Home Rule Municipality (ADM 2016-43) Alderman Milschewski made a motion to approve a resolution providing for the submission to the electors of the United City of Yorkville,Kendall County,a referendum of whether the City should become a Home Rule Municipality and authorize the Mayor and City Clerk to execute; seconded by Alderman Frieders. Alderman Colosimo addressed this home rule resolution and the taxation implications that go with the home rule issue. Alderman Colosimo offered a plan to have any taxes created by home rule to be offset by reduction in property taxes.This places the burden on the community as a whole and not just the citizen's of Yorkville.Alderman Frieders discussed home rule and the impact it would have on such issues as the joint venture water study,the mold issue brought up in a previous council meeting,as well as additional benefits.He supports the idea of home rule and believes there to be creative methods to be used to avoid additional taxes due to unfunded state programs.Alderman Koch is in favor of home rule and suggests a public relations program to present the positive aspects to the community. Motion approved by a roll call vote.Ayes-7 Nays-0 Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Koch-aye PARK BOARD No report. PLAN COMMISSION Ordinance 2016-46 of the United City of Yorkville,Kendall County,Illinois, Approving a Special Use for a Commercial/Trade School Within Units B and C at 210 Beaver Street (PC 2016-12) Mayor Pro Tem Milschewski entertained a motion to approve an ordinance approving a special use for a commercial/trade school within Units B and C at 210 Beaver Street and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Kot. Alderman Funkhouser understands the potential benefit to the community but is concerned about the location,due to the current zoning ordinance.Alderman Koch pointed out that there are two establishments that are in this location now that are not compliant with the zoning. Motion approved by a roll call vote.Ayes-5 Nays-1 Present-1 Frieders-present,Tarulis-aye,Colosimo-aye, Funkhouser-nay,Milschewski-aye,Koch-aye,Kot-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT /1 No report. COMMUNITY&LIAISON REPORT No report. STAFF REPORT 4th of July Director of Parks and Recreation Evans gave information on the 4th of July events. Summer Solstice Alderman Frieders discussed Summer Solstice,and complimented the Parks and Recreation staff. The Minutes of the Regular Meeting of the City Council—June 28,2016—Page 5 of 5 ADDITIONAL BUSINESS None. EXECUTIVE SESSION None. CITIZEN COMMENTS Rachel,City Center Apartments,thanked City Administrator Olson. She provided a letter from the property management group,and discussed her opinions in regards to this letter. Todd Milliron, 61 Cotswold Drive, discussed the Kendall County Food Pantry situation.He also discussed the tri city water treatment plan. ADJOURNMENT Mayor Pro Tem Milschewski stated meeting adjourned. Meeting adjourned at 7:53 p.m. Minutes submitted by: avt4 Beth Warren, City Clerk,City of Yorkville, Illinois TaMw /�/r (j�yt�/y� �7 Citizen nrfi7mie�uct ve ! { pe ties, LL Receiyio fro Ra,9 i,. y 3 i • }S� �i� f N. hie 21.MIS Valued City tenter Residents, O We have received complaints from several of our residents about solicitation from Tonia Rachel r #y 4 LaRue(E6 City Center resident),Todd.Milliron(non-resident)or others regarding their claims of mold at City Center. This activity is vk4at ng your right to privacy and a peaceful environment,as stated in your lease., if this activity ooh Please know that as a resident at City Center,you can call the Yorkville PoUce to fge a complaint against anyone whir solicits you or bothers you. You can also inform Am or Rita. There have been unsubstantiated claims and speculation about health issues,creating concerns for some residents. The independent report,submitted by Perception Environmental, Inc.., concluded that our buildings at City Center are sound and that any mold growth in the subject apartmexrbs was due to unsanitary conditions and/or clutter. Aa our resided you can bring ANY complaint or concern to our attention by using the Mai enarim Request forms fcwid by the office door or by calling either of the following phone numbers below. Administration; 63G453-273S faciiibes Maim nance. 6,3G-947-254$ The iw"orient s et r, L5 •rt �w t rue,ropAfl !bCj ?b .tN ,.h REGULAR CITY COUNCIL MEETING g aoC � PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: _ 63 C C�qkov r-- elp 6� SIGNIN REGULAR CITY COUNCIL MEETING Public Comment PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: DAA oL\( SIGNIN