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City Council Minutes 2011 06-14-11 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,JUNE 14,2011 Mayor Golinski called the meeting to order at 7:02 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy City Clerk Pickering called the roll. Ward I Gilson Absent Colosimo Present Ward I I Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: Deputy City Clerk Pickering, City Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble,Building Code Official Zabel. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that Mayor's Report Item#5—Resolution Adopting IMRF Early Retirement Incentive(CC 2011-59),be moved to the end of the meeting after the executive session. Aldermen Spears and Milschewski had corrections to the City Council minutes from the May 10, 2011 meeting(CC 2011-53). Alderman Milschewski requested that the May 10 minutes be tabled to the June 28,2011 meeting. Amendments approved unanimously by a viva voce vote. PRESENTATIONS Certificates.of Recognition Yorkville High School State Champion Girls Track 4 x 800 Relay Team Mayor Golinski presented certificates of recognition to the Yorkville High School State Champion Girls Track 4 x 800 Relay Team—Ali Hester,Esther Bell,Leena Palmer,and Bri Stuepfert. He congratulated the team on their record breaking efforts and also congratulated Ms.Hester on taking fifth place in the individual 1600 meter run. I Certificate of Recognition Yorkville High School Green Teen Mayor Golinski presented a certificate of recognition to Yorkville High School Green Teen—Alex Mulligan. Swearing-In of Sergeant Raymond P.Mikoslasek Mayor Golinski, along with Fire and Police Commission Chairman Robert Johnson and Chief of Police Richard Hart, swore in Raymond Mikolasek as a Sergeant for the police department. Swearing-In of Deputy Chief Donald P. Schwartzkopf Mayor Golinski, along with Fire and Police Commission Chairman Robert Johnson and Chief of Police Richard Hart, swore in Donald Schwartzkopf as a Deputy Chief of Police for the police department. PUBLIC HEARINGS None. CITIZEN COMMENTS Mr.Todd Milliron commented regarding the bike trails that are proposed as part of the Route 47 widening project. He stated that the City Council had previously approved an Integrated Transportation Plan which included bike trails throughout the city including trails along Route 47. He said that IDOT had held many public hearings on pedestrian walkways and no one came out and spoke against them.He feels that the $30,000 expense to redo the road widening construction plans is a result of the current City Council's The Minutes of the Regular Meeting of the City Council—June 14,2011—Paze 2 of 7 decision to remove bike trails from the road widening project. He also wanted to point out that if the bike trails are removed from this project, it may put future road widening projects in jeopardy. He feels that the City Council has the ability to find funding for the bike trails/shared use paths and he hopes that that they will find the funding so that the Route 47 road widening is not delayed. Mr.Jessie Alaniz commented on the Blackberry Creek Watershed presentation that had been presented at the May 24,2011 City Council meeting. He feels that city lands are maintained by taxpayers and he fears that the federal government may try to take over our local waterways. He hopes that this does not happen and that the waterways remain under local control. Ms. Lisa Peterson commented that she had attended the special city council and park board meeting and she doesn't feel that it is her duty to provide REC services to the entire city. As a taxpayer, she feels that unless the REC Center can break even, she can't justify the expense. She feels that the City Council needs to decide on the necessities. In her opinion, good politicians are willing to make hard decisions when they represent the citizens. She hopes that the City Council will continue to practice financial responsibility to the residents of the town. CONSENT AGENDA 1. Minutes of Special City Council—April 23,2011 (CC 2011-51) 2. Minutes of City Council—April 26, 2011 (CC 2011-52) 3. Bills for Payment-$1,355,642.85 (CC 2011-54) 4. Resolution 2011-11—Authorization of Signatories of Certain Bank Accounts-authorize Mayor and City Clerk to execute(ADM 2011-25) 5. Police Reports for March&April 2011 (PS 2011-10) 6. Ordinance 2011-18—Amending the Code of Ordinances Regulating On-Street Parking(Around Green's Filling Station Park in Autumn Creek Subdivision)-authorize Mayor and City Clerk to execute(PS 2011-14) i Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye,Teeling-aye,Kot-aye REPORTS MAYOR'S REPORT Appointment of Freedom of Information Officer (CC 2011-55) Mayor Golinski entertained a motion to appoint Molly Schwartzkopf as Freedom of Information Officer. So moved by Alderman Colosimo; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Munns-aye,Milschewski-aye,Teeling-aye, Funkhouser-aye,Kot-aye, Colosimo-aye I Ordinance 2011-19 Approving an Extension of the Water Infrastructure Improvement and Maintenance Fee (CC 2011-56) Mayor Golinski entertained a motion to approve an ordinance amending the code of ordinances providing for an extension of the water infrastructure improvement and maintenance fee and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Teeling. Alderman Kot wanted to clarify that the City Council was only voting on extending the fee,the fee itself was remaining the same as last year. Mayor Golinski stated that the fee amount is the same amount as last year. He said that staff had researched whether it was possible to reduce or eliminate the fee and the analysis found that even if the fee was reducing a little bit,this reduction would be detrimental to the water fund. Mayor Golinski stated that this would be looked at again in a year. Motion approved by a roll call vote. Ayes-6 Nays-1 Munns-aye,Milschewski-aye,Teeling-aye,Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-nay it The Minutes of the Regular Meeting of the City Council—June 14,2011—Page 3 of 7 Resolution 2011-12 2011 Miscellaneous Bituminous Patching—ANT Appropriation (CC 2011-57) Mayor Golinski entertained a motion to approve an MFT appropriation resolution for 2011 miscellaneous bituminous patching and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Kot. Alderman Colosimo questioned if this item was a budgeted expense. Administrator Olson stated that this was approved within the budget for$50,000 and IDOT has recommended that the council approve this appropriation in the amount of$55,000. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye,Teeling-aye,Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye,Munns-aye Route 47 Bike Trails (CC 2011-58) Mayor Golinski said that after the bike trail discussion at the last City Council meeting, IDOT informed the city that if the city chooses to remove the bike trails from the Route 47 widening project,the plans will have to be redone. The cost to the city to change the engineering plans at this point in the project will cost the city$30,000 and will delay the project six to nine months. This delay will push the project into the next fiscal year,which may jeopardize the funding. Alderman Kot asked how long the city has to make a decision. Administrator Olson responded that the city must make a commitment by September. Mayor Golinski informed everyone that a map was available on the conference table which depicts all of the sidewalks/trails that currently exist and which ones are proposed. The map also depicts which parts of the sidewalk/trails will be funded by the state. i Alderman Colosimo commented that more of the residents were against the bike trails than were for the bike trails as evidenced by the defeat of the bike trail referendum at two different elections. He also acknowledged that he doesn't want to delay the road widening. He asked if the road widening would still be delayed if the city chose to appropriate money for the sidewalks and not the trails. Administrator Olson responded that this would still delay the project. Alderman Spears agreed with Alderman Colosimo that the residents had spoken when they defeated the bike trail referendum twice. Alderman Teeling pointed out that in 2004 the City Council approved a grant application in the amount of $100,000 to determine where the bike trails would go in. She said that in 2008 the City Council hired a firm to start working on a plan for the location of bike trails. In 2009,the City Council approved and Integrated Transportation Plan which included bike trails. She stated that when you change your plans in the middle,there is a cost to that decision. In this case, if the decision is made to change the plans,the cost will be$30,000. Alderman Milschewski asked why IDOT has to change the engineering plans now. She wondered if they could be left as is,in case the city wanted to put the trails in sometime in the future after the economy improved. Public Works Director Dhuse said that the plans need to be changed because if the bike trails are removed then the quantities (such as gravel and dirt)and the grading will change. He said that every cross section would have to be redone which means that virtually every sheet of the engineering plans would need to be redrawn. He pointed out that bidders use the engineering plans when they submit bids for projects such as this one. Administrator Olson mentioned to the City Council that they need to also consider the future road widening projects that city would like done. He said that if the City Council changes the Route 47 plans at this point in the project, it may affect the other five or six road widening projects that we are set to work on with IDOT. There is a possibility that future projects might be more expensive and take longer. PUBLIC WORKS COMMITTEE REPORT Ordinance 2011-20 Updating Intersection Signage Control (PW 2011-35) A motion was made by Alderman Spears to approve an ordinance amending Title 6,Chapter 3 of the city code regarding intersection signage control and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Teeling-aye,Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye The Minutes of the Regular Meeting of the City Council—June 14,2011—Page 4 of 7 ADMINISTRATION COMMITTEE REPORT Ordinance 2011-21 Establishing the Number of Aldermen to Serve on the City Council (ADM 2011-17) Redistricting Action Plan (CC 2011-60) A motion was made by Alderman Spears to approve an ordinance establishing the number of aldermen to serve on the City Council and authorize the Mayor and City Clerk to execute; seconded by Alderman - Colosimo. Alderman Spears stated that this item was discussed at the Administration Committee and the committee did not want to add two additional aldermen. The committee also felt it was important to keep all of the aldermen in their existing wards with population being the second concern. She said that city staff would be preparing the map for the City Council to approve. Alderman Colosimo commented that State Statute dictates that the City Council must approve an ordinance establishing the number of aldermen if the council does not want ten aldermen in five wards. Alderman Munns said that Batavia went up to twenty- two aldermen years ago and found that it was unmanageable, so they decreased their number of aldermen down to fourteen. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye, Munns-aye,Milschewski-aye,Teeling-aye Ordinance 2011-22 Approving Participation in Illinois Metropolitan Fund (ADM 2011-22) A motion was made by Alderman Spears to approve an ordinance approving participation in Illinois Metropolitan Fund and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Alderman Spears commented that E\4ET is a local government investment pool and that the city has funds coming in this summer that need to be invested. She said that IMET will offer the city a better investment rate than what we are currently getting. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye, Colosimo-aye, Spears-aye,Munns-aye, Milschewski-aye,Teeling-aye,Funkhouser-aye PARK BOARD Resolution 2011-13 Approving a Revised Park Rental and Use Policy (CC 2011-61) Mayor Golinski entertained a motion was made by Alderman Spears to approve a resolution approving a revised park rental and use policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Munns. Alderman Funkhouser commented that the title on this policy was being changed and that change should be reflected throughout the document when the document refers to the name of the policy. He also stated that this Park Rental and Use policy lists the Bicentennial riverfront Park Amenities as having an indoor space that can accommodate 50 people. He questioned that if another item on the agenda,the River City Roasters lease agreement, is approved by the City Council—will there still be an indoor space available that can accommodate 50 people? Administrator Olson stated that if the lease agreement is approved, staff will change the accommodations to 10-20 people instead. Attorney Orr was questioned as to whether a revised motion would be needed for the above mentioned revisions and it was determined that these were typos and that the original motion was still on the table. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye, Teeling-aye,Funkhouser-aye,Kot-aye Ordinance 2011-23 Approving a Lease Agreement with River City Roasters (North portion of 131 E.Hydraulic Avenue) (CC 2011-62) The Minutes of the Regular Meeting of the City Council—June 14,2011—Page 5 of 7 Mayor Golinski entertained a motion to approve an ordinance approving a lease agreement with River City Roasters(northern portion of 131 E.Hydraulic Avenue) and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Munns. Alderman Colosimo commented that the proposed lease agreement is only with River City Roasters, an Illinois corporation, and not an individual. He feels that since this is a brand new corporation,that the lease should name the individual as well as the corporation. Alderman Colosimo also stated the within the lease agreement,under Section 1: Purpose,it gives the Lessee an exclusive right to sell ice cream, candy,popcorn and etc. He would prefer that the City Council does not give them exclusive rights to sell anything. He also mentioned that page 6 refers to Subletting of Contract. This paragraph says that to sublease part of the premises,the subletting can be done with the written consent of the Director of Parks and Recreation. Alderman Colosimo prefers that this be changed to consent of the Park Board instead. Attorney Orr asked if the Lessee was present and willing to amend the lease agreement to sign as an individual instead of a corporation. The Lessee was present and stated that he would sign as an individual. Attorney Orr suggested that the lease be approved with the understanding that the signatory shall be the individual owner,that the first line of the purpose paragraph shall say that it is the intent of this agreement to provide a non-exclusive privilege and lastly,that subletting shall be approved by the Board of Parks and Recreation. The City Council was in agreement that the lease agreement would be amended to reflect the changes that Attorney Orr recommended. i Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Munns-aye,Milschewski-aye,Teeling-aye, Funkhouser-aye,Kot-aye, Colosimo-aye 2011 OSLAD Grant Application—Bicentennial Riverfront Park (CC 2011-63) Superintendent of Parks Sleezer commented that this OSLAD grant is the same grant that the city applied for last year and we were turned down. He said that staff is going to resubmit the grant with a few changes such as asking for money for a canoe/boat launch,brickwork on the stairs of the existing shelter, a playground with sitting area, a fishing pier that is ADA compliant,lighting extension to the east side of the park,a shared-use trail,a canoe access beach, a picnic shelter, a memorial area,woodland restoration to the East side of the park, an outdoor rinse off shower, and a bathroom/changing facility. He said that this grant is a 50 %matching grant and the city will be using land to match our grant. He further stated that all of the elements in the park were recommended by either the public,the Park Board, City Council, or our grant coordinator at the IDNR,who had expressed that we might want to change our plan a little to help us to get our grant. It was asked if the city would need to front fund this project. Superintendent Sleezer stated that OSLAD grants require the city to front fund the entire project and once the project is completed,you ask for reimbursement. Alderman Spears questioned if there was money budgeted for this. Administrator Olson said that it would be approved as part of the budget and if this item is accepted, the city would have the cash flow to front fund the expense. This item is going to next Park Board meeting and will come back to the next City Council meeting for a vote. PLAN COMIVIISSION Ordinance 2011-24 Amending the Definition of Subdivision in the Yorkville Subdivision Control Ordinance (CC 2011-62) Mayor Golinski entertained a motion to approve an ordinance amending the definition of subdivision in the Yorkville Subdivision Control Ordinance and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Funkhouser. _ Motion a pp roved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Milschewski-aye, Teeling-aye,Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. i i The Minutes of the Regular Meeting of the City Council—June 14,2011—Page 6 of 7 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT Northeastern Illinois Area on Aging Alderman Spears reported that both the Illinois House and Senate have started to process revenue projections. Better communication with state legislators is needed as only a very small percentage of funding is going to aging services. Home delivered meals would receive a six to nine percent reduction in funding. Over the next four years Medicaid related service funds have been projected to increase from 8.9 to 11 billion dollars;however,non-Medicaid services, which include various aging services,have been projected to be reduced from 4.6 to 2.3 billion dollars. Alderman Spears encouraged everyone to please contact their legislators and urge them to fund the aging services appropriately. Heritage Woods Alderman Spears reported that on June 15,Heritage Woods of Yorkville would be hosting a bingo hour for residents and the general public. Tours of the facility will be given also. River Road Bridge Mayor Golinski stated that he was very grateful to Representative Hatcher for calling a meeting with the City,Kendall County, Congressman Hultgren's office,IDOT, and the Army Corp of Engineers after the closing of the River Road Bridge. He felt it was a great opportunity to get everyone together in the same room so that they could brainstorm and discuss what options are available. He said that direction was given for county engineer to shift focus from Phase 1 engineering to the stability of the abutments. Mayors and Managers Meeting Mayor Golinski reported that he attended his first Mayors and Managers meeting which was hosted by Kendall County. The topic of the meeting was economic development and what the county is doing to partner with the municipalities. He said that the county opened their own economic development office and they will be meeting in the future with the municipal economic development corporations to see how the county and the municipalities can partner together. Baseball with the Mayor Mayor Golinski said that the next Baseball with the Mayor would be held on June 21,2011 from 6:00— 7:30 p.m. at Bristol Bay ball field#2. Library Impact Fees Alderman Colosimo reported that he had attended the Library meeting on June 13 and the Library Board discussed the fact that the board is currently restricted on how they can use the impact fees that are collected from developers. They are currently restricted to using the impact fees only on brick and mortar projects. They would like to also be able to use the fees to purchase books and technology. They are asking if the City Council could adopt an ordinance or resolution to change the use of future impact fees. Attorney Orr said that the city has a resolution that allows for the fees to be used for CDs,books, and etc. She stated that according to the law,if the impact fees are not part of an annexation agreement and are instead part of a local ordinance,the money has to be kept separately and be used only for the impact of that development. She went on to say that if the fees are negotiated as part of an annexation agreement, then the city has some flexibility on how the funds are spent. She said that the next step is to research which impact fees were collected after 2003,which was when the new resolution was adopted by the city council which expanded the use of impact fees. If most of the funds are the result of annexation agreements,then the library is good to go. If the funds are not pursuant to an annexation agreement,then the Library has serious restrictions. STAFF REPORT Emerald Ash Borer Public Works Director Dhuse reported that they have identified over 100 trees with Emerald Ash Borer, mostly located on the south side of town. He said that this will be discussed at the Public Works Committee to determine what our options are. ADDITIONAL BUSINESS Ward III Meeting Alderman Funkhouser invited residents to attend the Ward III meeting that he and Alderman Munns are hosting on June 25,2011 between 11:00 a.m. and 2:00 p.m. at the Rush Copley Health Center. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the purposes of: II The Minutes of the Regular Meeting of the City Council—June 14,2011—Page 7 of 7 1. For the a pp ointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 3. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 4. For the sale or acquisition of real property. So moved by Alderman Spears; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:39 p.m. The City Council returned to regular session at 9:41 p.m. Resolution 2011-14 Adopting BHW Early Retirement Incentive (CC 2011-59) Mayor Golinski entertained a motion to approve a resolution adopting IMRF Early Retirement Incentive and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-6 Nays-1 Teeling-nay,Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye ADJOURNMENT Meeting adjourned at 9:42 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk, City of Yorkville,Illinois I i REGULAR CITY COUNCIL MEETING June 14, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: Cdr/ 2 YtkS c . �Crm �ec�r� La���n �r►�-�-nl ��.� yo R 6/, 1 le- n W M tm rY) hon0y— emo� Rkkmey `I JIM( hOM rtmon qiist Vic: 4A o SIGNIN 4�w r .SW G i✓e s S y f.✓,�I S-per! c G � i REGULAR CITY COUNCIL MEETING June 14, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: aviplo I Nl�i P%oGk�SI'w� ISGkoc, SIGNIN REGULAR CITY COUNCIL MEETING Public Comment June 14, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: I / —L � ► l < " 6 / CoTswcO i SIGNIN