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City Council Minutes 2011 08-09-11 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,AUGUST 9,2011 Mayor Golinski called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy City Clerk Pickering called the roll. Ward I Gilson Absent (arrived at 7:17 p.m.) Colosimo Present Ward I1 Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Absent Also present: Deputy City Clerk Pickering,City Treasurer Powell,City Attorney Orr,City Administrator Olson, Chief of Police Hart,Deputy Chief Hilt,Finance Director Fredrickson,Community Development Director Barksdale-Noble,EEI Engineer Sanderson,Interim Director of Parks and Recreation Schraw, Superintendent of Parks Sleezer,and Superintendent of Recreation Evans. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Colosimo requested that Zoning Board of Appeals Item#1 —Ordinance Approving Sign Variances at 9675 Route 34/Veterans Parkway(Herron Property)(ZBA 2011-01),be moved to after the consent agenda. Alderman Spears requested that Consent Agenda Item#2—Removal of SSAs from Undeveloped Portion of Grande Reserve(EDC 2011-29)be moved to the Economic Development Committee portion of the agenda. Mayor Golinski requested that Mayor#1 —Appointment of the Building Code Official(CC 2011-90)be tabled to the August 23,2011 City Council meeting. He also requested that Mayor#2—KenCom Intergovernmental Agreement(CC 2011-91)be moved to after the executive session. Amendments approved unanimously by a viva voce vote. PRESENTATIONS Certificate of Appreciation Clarence Holdiman Mayor Golinski presented a certificate of appreciation to Clarence Holdiman for his 28 years of service on the Plan Commission. PUBLIC HEARINGS None. CITIZEN COMMENTS Mr.Jesus Alaniz commented that he would be sending a letter to Senator John Kerry regarding the critical comments that the Senator recently made regarding those individuals who opposed the recent budget amendment raising the nation's debt ceiling. Mr. Alaniz commented that while the democrats wrote over 2700 pages for the health care law,they only wrote 28 pages for the country's 14 trillion dollars in debt. CONSENT AGENDA 1. Bills for Payment-$466,512.53 (CC 2011-88) 2. Police Reports for June&July 2011 (PS 2011-20) 3. Ordinance 2011-35—Amending the Code of Ordinances Providing for Liquor Control Regarding BASSET Training-authorize Mayor and City Clerk to execute(PS 2011-22) 4. Ordinance 2011-36—Amending the Code of Ordinances Providing for Liquor Control Regarding Beer Garden/Patio Licenses-authorize Mayor and City Clerk to execute (PS 2011-23) 5. Ordinance 2011-37—Amending the Code of Ordinances Regulating On-Street Parking (McHugh Road)-authorize Mayor and City Clerk to execute(PS 2011-18) The Minutes of the Regular Meeting of the City Council—August 9,2011 —Page 2 of 6 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-6 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye, Munns-aye, Funkhouser-aye,Kot-aye ZONING BOARD OF APPEALS Ordinance 2011-38 Approving Sign Variances at 9675 Route 34/Veterans Parkway (Herron Property) (ZBA 2011-01) Mayor Golinski entertained a motion to approve an ordinance approving sign variances for the property located at 9675 Route 34/Veterans Parkway(Herron Property)and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Munns-aye,Milschewski-aye,Funkhouser-aye, Kot-aye,Colosimo-aye MINUTES FOR APPROVAL A motion was made by Alderman Milschewski to approve the minutes of the City Council meeting of July 12,2011; seconded by Alderman Spears. Alderman Milschewski noted the following corrections to the July 12,2011 minutes: • On page 3 of the minutes under the Consent Agenda section,the portion of the sentence that reads "For prosperity and for the record"should be revised to read"For posterity and for the record". • On page 3 under the Minutes for Approval section,the sentence that reads"All of these corrections must be shown on the July 12,2011,minutes as well as well as on the actual May 24, 2011,City Council meeting minutes"should be revised as the phrase as well was repeated twice. The sentence should be revised to read"All of these corrections must be shown on the July 12, 2011,minutes as well as on the actual May 24,2011, City Council meeting minutes". • On page 5, paragraph 3,the sentence that reads"He did confirm that the removal of coloring, stamping, fencing,and handrails could be done with enough staff that there would be no delay to the project,and no cost to the city"should be revised to read"He did confirm that the removal of coloring, stamping, fencing, and handrails could be done with in house staff that there would be no delay to the project,and no cost to the city" • On page 5,paragraph 4,the end of the fifth line currently reads"Alderman Milschewski stated". This portion of the minutes should be revised to read"Alderman Milschewski clarified". • On page 5,paragraph 4, in line thirteen, it currently reads"something that the city could use". This section of the minutes should be revised to read"something that the city could lose". • On page 7,under the Progressive Energy Natural Gas Proposal section, in the paragraph immediately prior to the vote the sentence"Alderman Colosimo moved to table this issue back to Public Works so the city can get an answer on how it will affect the rate and reduce the consumption'should be revised to read"Alderman Colosimo moved to table this issue back to Public Works so the city can get an answer on how it will affect the rate if we reduce our consumption". • On page 7,under the Progressive Energy Gas Proposal section,the Motion portion that reads "Motion approved by a roll call vote"should be revised to read"Motion to table approved by a roll call vote". Alderman Funkhouser noted a correction to page 7,paragraph 3, the portion of the first sentence that reads "widening of Route 47"should be revised to read"widening of Route 71". Alderman Gilson noted a correction on page 5,paragraph 1,the sentence that reads"Alderman Gilson said adding sidewalks is not going to cost additional money, IDOT will throw that in there"should be revised to read"Alderman Gilson asked if adding sidewalks is going to cost the city any additional money and if IDOT will throw those in there". Motion unanimously approved as amended by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council—Aufust 9,2011 —Pa-_e 3 of 6 REPORTS PUBLIC WORKS COMMITTEE REPORT Progressive Energy Natural Gas Proposal (PW 2011-44) A motion was made by Alderman Gilson to authorize the City Administrator and Finance Director to sign a one year contract with Santanna Energy Services for the ten municipal accounts with service addresses of 804 Game Farm Road, 1955 S.Bridge Street,201 W. Hydraulic Street,202 E. Countryside Parkway Suite E, 1 Van Emmon Road, 610 Tower Lane, 610 Tower Lane Unit B, 131 E.Hydraulic Street, 902 Game Farm Road,and 1 Route 47; seconded by Alderman Kot. Alderman Gilson questioned if the city moves these ten accounts from Nicor to Santanna,will there be any changes in the city's rates. Administrator Olson responded that he had verified with Nicor that the change would have no affect on the city's rates. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Kot-aye,Colosimo-aye, Spears-aye, Munns-aye,Milschewski-aye,Gilson-aye, ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2011-39 Ordinance Terminating Special Service Area Number 2004-103 North Grande Reserve and Repealing Ordinance No.2004-50 (EDC 2011-29) A motion was made by Alderman Munns to approve an ordinance terminating special service area number 2004-103 North Grande Reserve and repealing Ordinance No.2004-50 and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Administrator Olson explained that there are two specific areas of Grande Reserve that are being talked about. One area is located south of Bristol Ridge Road. This area consists of undeveloped farm land; therefore there is no infrastructure on the property. This area also hasn't been platted so there are no lots entitled there. Administrator Olson further commented that no bonds were sold as part of this SSA,and there is no punch list for this area. Administrator Olson said that the second area is located in the north. The north section is a partially built area, so there are punch lists for this part of the subdivision. Administrator Olson said that while the ability for the City to use the SSA for the north portion in the future for infrastructure is a possibility,it would not be very practical. He said that if the City decided to enact the SSA in the future,the City would have to sell bonds which would then be used to complete the infrastructure. If this scenario occurred,then every resident in that section would have to pay SSA taxes to pay off the bond. As long as the SSA remains in effect,there is a potential in the future for these residents to see an additional$2500.00 on their tax bills for this SSA if the SSA is not removed. Administrator Olson explained that in the north section,the developer already started building without using the SSA. This means that the developer financed the infrastructure costs themselves and increased the price of the homes in this section from the start to pay for the infrastructure costs. Administrator Olson said that if the city removes the SSA now,this will remove the possibility that in the future a new developer could come along and enact the SSA. Attorney Orr commented that she believes that removing the SSA will protect future homeowners. She said that this was never implemented and the City does not want anyone within this area to be effected by this tax in the future. Administrator Olson said that because SSAs have such a negative stigma,when large property buyers look at purchasing property,they don't want to purchase property with an SSA on it. He feels that by removing the SSA,this will help to encourage development in this area. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Milschewski-aye,Gilson-aye,Funkhouser-aye, Kot-aye,Colosimo-aye, Spears-aye Ordinance 2011-40 Ordinance Terminating Special Service Area Number 2004-105 South Grande Reserve and Repealing Ordinance No.2004-51 (EDC 2011-29) A motion was made by Alderman Munns to approve an ordinance terminating special service area number 2004-105 South Grande Reserve and repealing Ordinance No.2004-51 and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye,Gilson-aye,Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye,Munns-aye, The Minutes of the Regular Meeting of the Cite Council—August 9,2011 —Paae 4 of 6 PUBLIC SAFETY COMMITTEE REPORT Ordinance 2011-41 Ordinance Amending the Code of Ordinances Regulating On-Street Parking(East Millbrook Circle) (PS 2011-13) A motion was made by Alderman Colosimo to approve an ordinance amending the code of ordinances regulating on-street parking(East Millbrook Circle)and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye, Munns-aye,Milschewski-aye,Gilson-aye Ordinance 2011-42 Ordinance Amending the Code of Ordinances Providing for Liquor Control Regarding Class A,Class G and Class CA Liquor Licenses (PS 2011-21) A motion was made by Alderman Colosimo to approve an ordinance amending the code of ordinances providing for liquor control regarding Class A,Class G,and Class CA liquor licenses and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Colosimo-aye, Spears-aye,Munns-aye, Milschewski-aye, Gilson-aye,Funkhouser-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2011-43 Ordinance Authorizing the Issuance of One or More Series of General Obligation Refunding Bonds (Alternate Revenue Source) Series 2011 of the United City of Yorkville,Kendall County,Illinois,in an Aggregate Principal Amount Not to Exceed$12,000,000 (CC 2011 48) A motion was made by Alderman Spears to approve an ordinance authorizing the issuance of one or more series of General Obligation Refunding Bonds(Alternate Revenue Source) Series 2011 of the United City of Yorkville,Kendall County,Illinois, in an aggregate principal amount not to exceed$12,000,000 and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Mayor Golinski said that the City would be using the 1 percent sales tax increase that was passed as the revenue source to refinance the bonds for the sewer projects. He said that refinancing the sewer bonds would provide residents with immediate property tax relief. Administrator Olson noted that this item would be on the next City Council agenda for a public hearing and would be on a subsequent agenda after the public hearing for a final vote. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye, Gilson-aye,Funkhouser-aye,Kot-aye PARK BOARD No report. PLAN COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Police Pension Audit City Treasurer Powell reported that the files for police pension audit had been completed and would be picked up Thursday afternoon. The Minutes of the Reeular Meetine of the City Council—Aueust 9,2011 —Page 5 of 6 COMMUNITY&LIAISON REPORT Yorkville Bristol Sanitary District Alderman Gilson reported that he had attended the YBSD meeting on August 8. He said that the YBSD questioned if the City had told IDOT not to replace the sanitary sewer when Route 47 was being widened so that the City could save money. Administrator Olson explained that the City did not tell IDOT this. He said that the cost savings that were reported in the paper did not have anything to do with removal of the sanitary sewer. The cost savings are because the City Council removed decorative items from the project. Alderman Gilson said that YBSD was also concerned about sewers backing up or collapsing. The YBSD questioned who reports basement backups. YBSD Director Collman said that it is the City's responsibility to report basement backups. Director Noble said that she thinks that it is Public Works,but she will follow up and check on this to make sure. Alderman Gilson said that the YBSD also requested that they would like Director Collman to have a meeting with Administrator Olson,Director Noble,and possibly EEI so that they could all discuss the procedures for the permitting process and who should be contacted regarding this process. Meeting with Representative Tom Cross Mayor Golinski reported that he attended a meeting for area Mayors that Representative Tom Cross held. Representatives Kay Hatcher and Pam Roth were also in attendance. He said that the area Mayors received updates from downstate regarding the capital bill, gaming,and changes to the TIF laws. Mayor Golinski said that he had spoken with the Representatives about the City's infrastructure problems and the difficulties the City was experiencing with paying for some of the infrastructure improvements. ADDITIONAL BUSINESS Challenge during Hometown Days Mayor Golinski said that the City Council has received a challenge from the Park Board to see which group can raise the highest dollar amount in tips while volunteering to serve beer on the Friday night of Hometown Days. All tips collected will be donated to a local charity. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the purposes of: 1. 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 fmds 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. 2. For the purchase or lease of real property for the use of the public body. 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 appointment, 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. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Funkhouser-aye,Kot-aye,Colosimo-aye, Spears-aye,Munns-aye,Milschewski-aye Mayor Golinski stated that the City Council would be taking action on the KenCom Intergovernmental Agreement after the executive session. The City Council entered executive session at 8:03 p.m. The City Council returned to regular session at 9:05 p.m. The Minutes of the Regular Meeting of the City Council—August 9,2011—Page 6 of 6 MAYOR'S REPORT Resolution 2011-17 Approving the Intergovernmental Agreement Creating Kendall County Emergency Phone Service and Communication Board dated November 18,2010 (CC 2011-91) Mayor Golinski entertained a motion to approve the KenCom Intergovernmental Agreement and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Funkhouser-aye,Kot-aye,Colosimo-aye, Spears-aye, Munns-aye,Milschewski-aye ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Colosimo; seconded by Alderman Spears. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:06 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk,City of Yorkville,Illinois REGULAR CITY COUNCIL MEETING August 9, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: T w ooh Lyw Woo 0 14 COY -^ J C d% -3-,Qk— 1�0 i- e- SIGNIN REGULAR CITY COUNCIL MEETING Public Comment August 9, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNM