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City Council Minutes 2013 05-16-13 special meeting MINUTES OF THE SPECIAL 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 164 2013 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 Munns Present Funkhouser Absent Ward N Spears Present (called in) 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 Sanderson, Community Development Director Barksdale-Noble, Building Code Official Ratos, Director of Park and Recreation Schraw QUORUM A quorum was established. COMMENTS BY MAYOR OR ALDERMAN Mayor Golinski welcomed citizens. He stated the new alderman will be sworn in and the City will be saying goodbye to Alderman Munns . Mayor Golinksi said it has been a pleasure serving with Alderman Munns and appreciates his twelve year service to the City. Mayor Golinski presented Alderman Munns with a clock with dates of service and a certificate of appreciation for his many hours of service to the residents of Ward III in the City of Yorkville. Alderman Munns stated he had fun working with the Council and learned a lot over the last twelve years . ADJOURNMENT OF SINE DIE (SESSION) Mayor Golinski adjourned the meeting and went immediately into the swearing in of the aldermen. SWEARING-IN Ken Koch was sworn in as Alderman Ward I by Mayor Golinski. Larry Kot was sworn in as Alderman Ward II by Mayor Golinski. Joel Frieders was sworn in as Alderman Ward III by Rick Lawrence. Diane Teeling was sworn in as Alderman Ward IV by Carly Teeling. CALL TO ORDER Mayor Golinski called the meeting to order at 7 : 25 . 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 (arrived at 7 : 50) Ward IV Spears Present (called in) Teeling Present AMENDMENTS TO THE AGENDA Alderman Teeling requested that item # 5 on the consent agenda (2013 - 13 ) be moved to the regular agenda under Public Safety Report. Alderman Colosimo requested that item # 3 on the consent agenda (2013 -22) be moved to the regular agenda under Administration Committee Report. Amendment approved unanimously by a viva voce vote . PRESENTATIONS The Minutes of the Special Meeting of the City Council — May 16, 2013 — Page 2 of 6 Swearing-in of Sergeant Mayor Golinski swore in Sarah Klingel as a new sergeant and Yorkville's first female supervisor. Swearing-in of Deputy Chief Mayor Golinski swore in Terry Klingel as the new Deputy Chief of Police. Director of Kendall County Emergency Management Mayor Golinski called Commander Joe Gillespie, director of the Kendall County Emergency Management, to the front. Commander Gillespie presented a letter from Kendall County Emergency Management to Deputy Chief Hilt thanking him and Yorkville's staff for their assistance . Push for the Path Lynn Dubajic gave an update on Push for the Path. (See attached.) Alderman Teeling asked if a golf outing is still planned for Push for the Path. Lynn Dubajic stated yes and it will be in August. PUBLIC HEARINGS 1 . PC 2013 -03 Veterans Way, LLC and ANIRI, LLC Petitioners have filed an Amended Application with the United City of Yorkville, Kendall County, Illinois, requesting a major amendment to the Second Amendment of the Heartland Subdivision Annexation and Planned Unit Development dated January 11 , 2005 related to the Heartland Business Center to permit raising 6 ' of additional signage in height sign panels for business located within Heartland Center and on the Dairy Queen Real Property where it is currently located. No change in sign width will be made; and the existing brick pillars will be raised. The real property consists of Lot 2 of Heartland Center generally south of U. S . Route 34; east of McHugh Road; and north of Heartland Drive at 728 E. Veterans Parkway, Yorkville, Illinois . Please, see attached report of proceedings by the court reporter for the transcription of this portion of the meeting. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1 . Treasurer' s Report for March 2013 (ADM 2013 - 18) 2 . Call One Phone System Renewal (ADM 2013 -21 ) a. Renewal Customer Service Agreement — authorize Mayor to execute b . ISDN-PRI Customer Service Agreement — authorize Mayor to execute c . Centrex Renewal Customer Service Agreement — authorize Mayor to execute 3 . Resolution 2013- 10 Approving an Intergovernmental Agreement for Purchase, Maintenance, and Use of a Van for the Kendall County Special Response Team — authorize Mayor and City Clerk to execute (PS 2013 - 12) 4 . On-Street Parking Regulations on Marketplace Drive — authorize staff to send letters to surrounding property owners on the proposed restrictions and noting them that the item will be discussed at a future Public Safety Committee meeting (PS 2013 - 14) 5 . Ordinance 2013-26 Renaming a Portion of Rosenwinkel Drive to Waterpark Way — authorize Mayor and City Clerk to execute (EDC 2013 - 18) 6 . Ordinance 2013-27 Approving a Development Agreement for Kendall Crossing, Yorkville, Illinois — authorize Mayor and City Clerk to execute (EDC 2013 - 19) Mayor Golinski 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, Spears-aye, Frieders-aye, Koch-aye, Teeling-aye, Kot-aye MINUTES FOR APPROVAL 1 . Minutes of the City Council — April 9, 2013 (CC 2013 -29) 2 . Minutes of the City Council — April 23 , 2013 (CC 2013 -30) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for April % 2013 and April 23 , 2013 as presented. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $533 , 897 .69 . The Minutes of the Special Meeting of the City Council — May 16, 2013 — Page 3 of 6 REPORTS MAYOR' S REPORT Proclamation for National Safe Boating Week 2013 (CC 2013 -31 ) Mayor Golinski read a proclamation for National Safe Boating Week. (See attached.) Appointments to Boards and Commissions (CC 2013 -32) Mayor Golinski entertained a motion to approve the Mayor's appointments of Chuck Pierce to the Fire and Police Commission, Susan Chacon, Dale Pranga, and Russ Walter to the Library Board, Kelly Sedgwick and Amy Cesich to the Park Board, Charles Kraupner to the Plan Commission, Fred DuSell to the Police Pension Fund Board, and Ryan Woods to the Zoning Board of Appeals. So moved by Alderman Kot; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye Mayor Golinski listed the committee members for each committee . Selection of Liaison to Kendall County Solid Waste Plan Update Committee (CC 2013 -33 ) Mayor Golinski entertained a motion to approve the Mayor's appointment of Joel Frieders as liaison to Kendall County solid waste plan update committee. So moved by Alderman Kot; seconded by Alderman Koch. Motion approved by a roll call vote . Ayes-7 Nays-0 Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Milschewski-aye Patrol Officers' Collective Bargaining Agreement (CC 2013 -34) -- Mayor Golinski entertained a motion to approve a collective bargaining agreement amendment between the Illinois FOP labor council representing Yorkville patrol officers and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Milschewski-aye, Teeling-aye Resolution 2013-11 Approving a Real Estate Purchase and Sale Agreement (Highway Conveyance — Northwest Corner of Route 34 and Beecher Road) (CC 2013 -35 ) Mayor Golinski entertained a motion to approve a resolution approving a real estate purchase and sale agreement (Highway Conveyance - Northwest corner of Route 34 and Beecher Road) and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. City Administrator Olson gave a brief background on this resolution. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Milschewski-aye, Teeling-aye, Koch-aye Ordinance 2013-28 Designating the United City of Yorkville Downtown Yorkville Business Development District and Imposing a Retailers' Service and Occupation Tax Therein (CC 2013 -36) Mayor Golinski entertained a motion to approve an ordinance designating the downtown Yorkville business development district and imposing a retailers' service and occupation tax therein and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Frieders. Alderman Colosimo clarified this was at the request of the business owner. It only affects this one business owner, so he will support this one issue. Motion approved by a roll call vote. Ayes-7 Nays-0 The Minutes of the Special Meeting of the City Council — May 16, 2013 — Page 4 of 6 Frieders-aye Spears-aye, Colosimo-aye, Milschewski-aye, Teelinb aye, Koch-aye, Kot-aye Ordinance 2013-29 Amending the Water Service Turn-On Fee After Termination for Nonpayment (CC 2013 -37) Mayor Golinski entertained a motion to approve an ordinance amending the water service turn-on fee after termination for nonpayment and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye Resolution 2013- 12 Approving a Release of Public Utility an Drainage Blanket Easements (Lot 8 — Stagecoach Crossings) (CC 2013 -38) Mayor Golinski entertained a motion to approve a resolution approving a release of public utility on drainage blanket easements (Lot 8 - Stagecoach Crossing) and authorize the Mayor and City Clerk to execute . So moved by Alderman Frieders; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Funkhouser-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT On-Street Parking Regulations in Bristol Bay (PS 2013 - 13 ) Alderman Teeling made a motion to add Sundays to the on-street parking regulations in Bristol Bay; seconded by Alderman Colosimo . Motion approved by a roll call vote . Ayes-8 Nays-0 Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers — First Reading (PS 2013 -08) Mayor Golinski said this was put on the agenda as a first reading for it is somewhat of a controversial ordinance. This will be discussed tonight and the Council will hear citizen comments on this issue . The Council will then debate it and bring it back in two weeks to vote on the ordinance. Harry Rothaug, Fox Valley Coins, spoke against this ordinance on behalf of his customers and himself. Verne Henne, citizen, spoke in regards to this ordinance . He doesn't believe this ordinance will deter any criminals. Jerry Bannister, unincorporated Bristol Township, spoke against this ordinance. He explained the reasons why he was against it. Jesus Alaniz, Colonial Parkway, spoke against this ordinance, and explained the many reasons why he was against it. Ann Moehring, Whispering Meadows, moved to Yorkville eleven years ago . She thanked the City Council and the Yorkville Police Department for keeping Yorkville a safe place to live . She also thanked City Attorney Orr for her services to the City and she thanked the pawnshops, as well. Tom Gilmour, a citizen, spoke against this ordinance . Jesus Alaniz, Colonial Parkway, spoke once again on this issue. Susan Brown spoke in favor of this ordinance. She wanted to share what happened to her family and why if this ordinance had been in place her family would have had some protection. Christian Talley, Fox Valley Coins in Aurora, spoke against this ordinance. Mike Murphy, Fox Valley Coins, spoke against this ordinance . Marlon Mathre, owner of Fox Valley Coins, spoke against this ordinance. Alderman Spears made a motion to table this ordinance and return it to the Public Safety Committee in. June. There was no second to Alderman Spears motion. Alderman Kot asked City Attorney Orr if there is anything in this ordinance that is illegal or unconstitutional. City Attorney Orr stated the City is authorized by state statue to regulate these type of shops. The shops are public places. People don't go in unless they choose to go in, so the constitutionality, to her understanding, is met. Alderman Kot asked Police Chief Hart to explain the purpose of the The Minutes of the Special Meeting of the City Council — May 16, 2013 — Page 5 of 6 inspection clause and he explained. Alderman Colosimo's problem is that each person can interpret this differently. What counts is what is written on paper. He finds section 3 - 13 - 19 and section 3 - 13 -22 provisions to be unacceptable and unconstitutional. There are other provisions that concern him. He also feels this ordinance puts a huge burden on Yorkville's businesses and invades the privacy of 99% of citizens that are having legal business exchanges with local businesses. He would like this to go back to Public Safety Committee to be hashed out again. Alderman Teeling stated victims' rights have not been discussed. She asked Police Chief Hart if someone is found to have stolen merchandise would he get a warrant before he confiscated that merchandise. Police Chief Hart stated they would go to the business and tell them that information first. The problem is in this situation when someone has items stolen that merchandise is gone . There is no more proof. She is torn on this issue but believes the City is enabling crime . The victim of crimes need to be taken into consideration when making this decision. Alderman Funkhouser stated every law that is placed creates a burden on somebody. The benefits of these laws have to be weighed out. He doesn't agree with everything in this ordinance. He believes that there is more discussion needed to get this to a workable piece of legislation. Alderman Frieders understands the privacy aspect of this issue. He is not for giving up constitutional rights but he understands the merit of providing this information. He believes it makes sense to remove or significantly reword the inspection of premises provision and possibly spell out a little bit of a simpler hold program. Alderman Kot's overriding concern is keeping Yorkville residents safe . He believes some form of this ordinance should be passed. He thinks the City can work with this ordinance. He has some concerns but would like to see the City move forward. Alderman Colosimo thinks the misunderstanding with this ordinance is that it is a crime prevention ordinance. It is not a crime prevention ordinance. It is a law enforcement ordinance . Alderman Kot disagrees with Alderman Colosimo . He would like to see every community in Kendall County adopt something similar to this. That levels the playing field. Alderman Colosimo made a motion to table this to the next Public Safety meeting; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-2 Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-nay, Koch-aye, Kot-nay, Frieders-aye, Spears-aye Mayor Golinski moved Zoning Board of Appeals before Administration Committee Report. ZONING BOARD OF APPEALS Ordinance 2013-30 Granting Sign Variances for the Property Located at 3 W. Veterans Parkway (McDonald 's) (ZBA 2013 -01 ) Mayor Golinski entertained a motion to approve an ordinance granting sign variances for the property located at 3 W. Veterans Parkway (McDonald's) and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye ADMINISTRATION COMMITTEE REPORT Resolution 2013-13 Approving an Intergovernmental Agreement for Reciprocal Building Inspection Services between the United City of Yorkville and Kendall County (ADM 2013 -22 ) Alderman Colosimo asked about liability. Community Development Director Barksdale-Noble answered his question. Building Code Official Ratos also discussed liability in regards to building inspectors. Mayor Golinski entertained a motion to approve a resolution approving an intergovernmental agreement for reciprocal building inspection services between the United City of Yorkville and Kendall County and authorize the Mayor and City Clerk to execute . So moved by Alderman Koch; seconded by Alderman Kot. Motion approved by a roll call vote . Ayes-7 Nays-0 Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye Alderman Teeling was out of the room when the vote was taken. Ordinance 2013-31 Regarding City Council Procedures (ADM 2012-58) Mayor Golinski entertained a motion to approve an ordinance regarding City Council procedures and authorize the Mayor and City Clerk to execute . So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Special Meeting of the City Council — May 16, 2013 — Page 6 of 6 Mayor Golinski stated this is an ordinance to change the current committee and City Council structure to a COW / City Council structure. Alderman Colosimo is against the COW / City Council structure for he believes this structure doesn't allow for a thorough discussion on issues. Alderman Frieders asked if there was a lottery of which committee went first during the meetings. The answer was no. Mayor Golinski and Alderman Kot agree with Alderman Colosimo. Alderman Spears and Alderman Teeling are not for the COW / City Council structure. Alderman Koch feels sending an issue from City Council back to committee should never be a problem. Alderman Funkhouser began to make a motion to amend the ordinance to go to the summer schedule utilizing the four meetings . Mayor Golinski then stated the Council could just go to the regular committee structure year round. Alderman Colosimo made a motion to strike the provision of governing ordinance and amend the ordinance to read that the City would have two City Council meetings per month and regular committee meetings twelve months per year. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye PARK BOARD No report. Mayor Golinski congratulated Director of Park and Recreation Schraw on her outstanding work on the OLSAD grant. PLAN COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK' S REPORT No report. CITY TREASURER' S REPORT No report. COMMUNITY & LIAISON REPORT Springfield, IL Trip Alderman Teeling discussed the aldermen's trip to Springfield, IL. Mayor Golinski said the Governor took time to see the Yorkville aldermen. Alderman Colosimo was grateful for the time with the Governor. Mayor Golinski stated Metro West is worth every penny that the City pays for membership. STAFF REPORT No report. ADDITIONAL BUSINESS Conservation Foundation Alderman Kot thanked the Conservation Foundation and the University of Illinois extension for planting a garden by the river. He believes it is a great addition to Yorkville. EXECUTIVE SESSION 1 . 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 . Mayor Golinski stated an executive session is not needed. CITIZEN COMMENTS None . ADJOURNMENT Mayor Golinski announced meeting adjourned. Meeting adjourned at 9 :46 p .m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois PUSH PATH- FUNDRAISERS TOTAL $ 2,422.07 CHANGE/CASH DONATIONS TOTAL $ 1,761.51 GOLF OUTING PROFIT TOTAL $ 21,363.03 DARLENE TEE SHIRTS TOTAL $ 2,400.00 RAFFLES TOTAL $ 2,325.00 MISCELLANEOUS TOTAL $ 60.00 POWER OF ONE TOTAL $ 109,741.39 5/16/2013 GRAND TOTAL COLLECTED $ 140,073.00 PAID TO THE CITY OF YORVILLE: 2013 $ 15,865.12 Received 501C3 Exemption Letter(Copy Attached) 2012 Nicor Volunteer Day Due to P4P $ 8,500.00 Over$20,000 in grants have been identified to apply for additional dollars now that 501C3 letter has been recived. i S INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P . 0 , BOX 2508 CINCINNATI , OH 45201 i Employer Identification Number : Date : APR 3 0 2013 45 - 4670608 DLN : j 17053159318012 PUSH FOR THE PATH AN ILLINOIS NOT Contact Person : FOR PROFIT CO REGINA M PARKER ID# 31274 C / O YEDC Contact Telephone Number': 651 PRAIRIE POINTE DR STE 102 ( 877 ) 829 - 5500 YORKVILLE , IL 60560 - 6502 Accounting Period Ending : December 31 Public Charity Status : _ - - 170 ;Lb} ( 1 ) ( A ) -(vi. ) Form 990 Required : Yes Effective Date of Exemption : _ April 24 , 2012 Contribution Deductibility : Yes Addendum Applies : No Dear Applicant : i We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501 ( c ) ( 3 ) of the Internal Revenue Code . Contributions to you are deductible under section 170 of the Code . You are also qualified to receive tax deductible bequests , devises , transfers or gifts under section 2055 , 2106 or 2522 of the Code . Because this letter could help resolve any questions regarding your exempt status , you should keep it in your permanent records . i Organizations exempt under section 501 ( c ) ( 3 ) of the Code are further classified as either public charities or private foundations . We determined that you are a public charity under the Code section ( s ) listed. in the heading of this 1ett- P ,- i - Pleas-e—see- enclosed- Publication--4.2.21=P_C_,-Compl-iance-G.uide-f-or-5-0-1-(_c.)_ (_3_)__Publi-c_..__- _ _ ______._ Charities , for some helpful information about your responsibilities as an - .- - - exempt✓ o-rga-ni,-zation-. I Letter 947 ( DO/ CG ) - 2 - PUSH FOR THE PATH AN ILLINOIS NOT Sincerely , Holly O . Paz i Director , Exempt Organizations Rulings and Agreements Enclosure : Publication 4221 - PC i i I I i i i I I I i i I� Letter 947 ( DO/ CG ) i 1 1 2 UNITED CITY OF YORKVILLE 3 YORKVILLE , ILLINOIS 4 5 CITY COUNCIL MEETING i 6 PUBLIC HEARING i i 7 I 8 9 10 800 Game Farm Road i 11 Yorkville , Illinois j i 12 13 i 14 Thursday , May 16 , 2013 i 15 7 : 00 p . m . 16 i 17 i 18 I 19 20 21 22 23 i 24 Vitosh Repotting Service 815 . 993 . 2832 cros . vitosh @gmail . com I i 2 1 PRESENT : 2 Mr . Gary Golinski , Mayor ; j 3 Mr . Carlo Colosimo , Alderman ; I 4 Mr . Ken Koch , Alderman ; 5 Ms . Jackie Milschewski , Alderman ; 6 Mr . Larry Kot , Alderman ; i 7 Mr . Joel Frieders , Alderman ; j 8 Ms . Rose Ann Spears , Alderman , 9 ( telephonically ) ; 10 Ms . Diane Teeling , Alderman . 11 I 12 ALSO PRESENT : 13 Mr . Bart Olson , City Administrator , i 14 Ms . Beth Warren , City Clerk , I 15 Ms . Kathleen Field Orr , City Attorney . I 16 - - - - - 17 j 18 19 20 21 i 22 23 24 Vitos( (Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i I 3 i 1 ( WHEREUPON , the following 2 proceedings were had in 3 public hearing : ) 4 MAYOR GOLINSKI : Okay . Next we have a 5 public hearing , so we will go into public hearing 6 for PC 2013 - 03 , Veterans Way , LLC and ANIRI , LLC , i I 7 Petitioners , have filed an amended application 8 with the United City of Yorkville , Kendall 9 County , Illinois , requesting a major amendment to 10 the Second Amendment of the Heartland Subdivision 11 Annexation and Planned Unit Development dated 12 January 11th , 2005 , related to the Heartland 13 Business Center to permit raising six feet of 14 additional signage in height sign panels for i i 15 business located within Heartland Center and on 16 the Dairy Queen real property where it is I I 17 currently located . No change in sign width will 18 be made , and the existing brick pillars will be 19 raised . ( 20 The real property consists of Lot 2 21 of Heartland Center generally south of U . S . Route I 22 34 , east of McHugh Road , and north of Heartland 23 Drive at 728 East Veterans Parkway , Yorkville , 24 Illinois . i Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i 4 1 So do we have anyone from the public 2 who wishes to comment on the amendment to the 3 PUD ? I 4 Dan , do you have something you would 5 like to present ? 6 DANIEL J . KRAMER , 7 spoke from the podium to the City Council as i 8 follows : 9 MR . KRAMER : Just real briefly . For the 10 record , my name is Daniel J . Kramer . I am an 11 attorney licensed to practice law in the state of 12 Illinois . 13 Actually we have three clients 14 involved in this ; primarily James Ratos , who is i 15 the owner and manager of Veterans Parkway , LLC , 16 and they purchased the long east / west building i 17 that ' s actually on Lot 7 of the Heartland 18 development that sits behind Dairy Queen . 19 The Marker family originally i 20 developed this . Krysti knows , as the city zoning 21 officer and community development officer , the i 22 entire property with the restaurant where j 23 Blackstone is , the Lighthouse Preschool , there is I 24 an office building where Kay Thatcher and the Vitosh 12eponing Service 815 . 993 . 2832 cros . vitosh @gmail . com 5 I 1 Marker office still is , and then this large i 2 building , and they also still have two vacant i 3 lots behind the building that Veterans Parkway 4 owns and a real narrow lot in front that ' s east i 5 of the driveway for Dairy Queen that will be very 6 difficult to develop because it is so small and 7 narrow . If we had all those Kodak Photomats , it 8 would be perfect for it . 9 But what happened - - And this i 10 economy has made all of us wiser . When the i 11 Markers came in owning the whole thing , they i 12 planned for only one major sign on Route 34 for 13 the whole planned unit development , and they 14 thought they would be able to allocate and it i 15 would work out . It ' s actually on the Dairy Queen 16 property , so when Mr . Ratos bought the vet - - or 17 the Lot 7 , the large building , we originally 18 petitioned the City and were going to ask for a 19 24 - foot sign on that entry median just east of 20 the Dairy Queen , and the reason being , 21 originally , again , when Markers developed it , I i I 22 think they thought they were going to get larger 23 and fewer tenants in the long office building . 24 As it was , they ended up I think Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 6 1 with four tenants ; two of them left before the 2 property was sold , so we inherited two tenants 3 for Jim Ratos in that building , but he ' s actually i 4 got ten full spaces rented out now and only one i 5 vacant , so with the signage that would have been 6 permitted on the Dairy Queen existing sign , there I 7 is just no room to show for those tenants . i 8 Again , two of the tenants that he 9 has were existing there , two came from other 10 locations in Yorkville , but the good news was he 11 brought in six new businesses that came to town I 12 that are now in that building . i 13 So what we did , we started talking 14 to the Dairy Queen people when we came in on our 15 original application and continued the hearing a i 16 couple months ago and they were very , very 17 accommodating . 18 They said , Why don ' t you come over I 19 to our property , let ' s expand our sign and you 20 don ' t need the second sign , and so we cleared 21 that hurdle with Dairy Queen , the franchise i 22 owner , they allowed them to do it , so now what 23 this sign would do is it would accommodate 24 Mr . Ratos ' building for the 11 slots he has , 14tosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i III 7 I 1 there would be space reserved for the three 2 additional lots that the Markers still own , and 3 Dairy Queen would remain much as it is with their 4 label , or their logo . It may go up top or i 5 middle ; Dairy Queen hasn ' t told the owners which 6 way they would like that . 7 So the only change would be it would 8 go six feet higher , the brick pillars would go up 9 the same width , everything else the same , and i 10 some panels down below , so we think it ' s a good I 11 compromise for everybody . I 12 We withdrew the other petition for 13 the second sign and we are hoping it comes up at 14 the next meeting . I know you vote not this i 15 meeting , but the next meeting ; we would look to i 16 approve it . Thank you . 17 MAYOR GOLINSKI : Thank you . I know they i I 18 did a nice job filling that subdivision up . 19 MR . KRAMER : Yes . Thank you , Mayor . 20 I ' ll tell him . He is in Boston with his 21 expectant daughter tonight . i i 22 MAYOR GOLINSKI : Any comments from the 23 public on this ? 24 ( No response . ) i Vitosh Reporting Service 815 . 99392832 cros . vitosh @gmail . com 8 1 MAYOR GOLINSKI : Any comments from the 2 Council ? I 3 ( No response . ) I I 4 MAYOR GOLINSKI : If not , we will close 5 the public hearing and see you in two weeks . i 6 MR . KRAMER : Thank you . i 7 MAYOR GOLINSKI : Thank you , Dan . i 8 ( Which were all the i 9 proceedings had in the public I 10 hearing portion of the City 11 Council meeting . ) 12 - - - 000 - - - 13 i 14 i i 15 16 17 18 i 19 20 21 22 i 23 24 Vitosh Repotting Service 815 . 993 . 2832 cros . vitosh @gmail . com I I 9 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) i 3 I , Christine M . Vitosh , a Certified Shorthand 4 Reporter , do hereby certify that I reported in i 5 shorthand the proceedings had at the pubic 6 hearing and that the foregoing , Pages 1 through I 7 9 , inclusive , is a true , correct and complete i i 8 computer - generated transcript of my shorthand 9 notes so taken at the time and place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and i 12 copies thereof , signed and certified under my i 13 hand only . I assume no responsibility, for the 14 accuracy of any reproduced copies not made under i 15 my control or direction . 16 As certification thereof , I have hereunto set 17 my hand this 5th day of May , A . D . , 2013 . G 18 19 20 Christine M . Vitosh , CSR Illinois CSR No . 084 - 002883 21 22 I 23 I 24 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i 10 U aforesaid [i] - 9: 9 City [7) - 2: 13, 2: 14, East [11 - 3:23 ago [1] - 6: 16 2 : 15, 3: 8, 4:7, 5: 181 east/west [1] - 4 : 16 Alderman [7) - 2 :31 8: 10 economy [i1 - 5: 10 084-002883 [11 - 9:20 2:49 2: 5, 2:6, 2 :71 cleared [1] - 6:20 ended [11 - 5:24 ILLINOIS [21 - 1 : 3, 9: 1 2:8, 2: 10 Clerk [i] - 2: 14 entire (il - 4:22 Illinois [5] - 1 : 111 3:9, allocate [1) - 5: 14 clients [11 - 4: 13 entry [i1 - 5: 19 3:24, 4: 14 9:20 allowed pj - 6:22 close [1) - 8:4 existing [3) - 3 : 18, inclusive [i] - 9:7 1 (1] - 9:6 ALSO [1) - 2: 12 Colosimo (1) - 2: 3 6:6, 6:9 inherited [11 - 6:2 11 [i) - 6:24 amended (11 - 3:7 comment [i] - 4:2 expand (i) - 6: 19 involved [11 - 4: 14 11th (i] - 3: 12 amendment [2] - 3:91 comments [z1 - 7:22, expectant [11 - 7:21 16 [11 - 1 : 14 4:2 8: 1 .� Amendment [11 - 3: 10 community [i ] - 4:21 F ANIRI p) - 3:6 complete p1 - 9:7 2 Jackie [1] - 2:5 Ann [i) - 2:8 compromise [11 - 7: 11 James [�] - 4: 14 Annexation [11 - 3: 11 computer [11 - 9: 8 family (i] - 4: 19 2 [11 - 3:20 annexed p] - 9: 10 computer-generated feet [2] - 3: 13, 7:8 Jim [i1 - 6:3 enerated Farm p] - 1 : 10 January [1) - 3: 12 2005 fi] - 3: 12 application [2] - 3:7, [1] - 9:8 fewer [�] - 5:23 job [�] - 7: 18 2013 [2] - 1 : 14, 9: 17 6: 15 consists p) - 3 :20 Joel fi) - 2 :7 2013-03 [11 - 3:6 applies [i) - 9: 11 continued [1] - 6: 15 Field [1 ] - 2: 15 24-foot [11 - 5: 19 approve (11 - 7: 16 control [i] - 9: 15 filed [il - 3:7 assume (1) - 9: 13 copies [2l - 9: 12, 9: 14 filling [1) - 7: 18 K 3 attorney [i1 - 4 : 11 correct [i1 - 9:7 following [1] - 3: 1 Attorney [11 - 2: 15 Council [3] - 4:7, 8:29 follows [11 - 4:8 Kathleen (i1 - 2: 15 6 foregoing [1] - 9: 8: 11 Kay [i] - 4:24 34 (z) - 3: 22, 5: 12 B COUNCIL [i) - 1 : 5 four [�] - 6: 1 Ken [1] - 2:4 County Ili - 3: 9 franchise [i] - 6:21 Kendall fit - 3:8 5 COUNTY [1] - 9:2 Frieders (i] - 2:7 knows [i] - 4:20 Bart [1] - 2 : 13 front [i) - 5:4 couple [1) - 6: 16 Koch [1) - 2:4 behind [21 - 4: 18, 5:3 full [11 - 6:4 5th (i] - 9: 17 CSR (2] - 9:20, 9:20 Kodak (i] - 5 : 7 below (i1 - 7: 10 Kot [1] - 2:6 Beth [11 - 2: 14 G KRAMER [4] - 4:61 7 D Blackstone [1) - 4 :23 4:9, 7: 19, 8:6 Boston [1) - 7:20 Kramer [i) - 4: 10 7 [2l - 4: 17, 5: 17 bought [i1 - 5: 16 Dairy [lo) - 3: 161 4: 18 , Game [i] - 1 : 10 728 (1 ] - 3 :23 brick [2] - 3: 18, 7:8 5:5, 5: 15, 5:20, 6:6, Gary [i1 - 2:2 Krysti [11 - 4 :20 7:00 (il - 1 : 15 briefly [11 - 4:9 6: 14, 6:21 , 7:3, 7:5 generally [i] - 3:21 brought fil - 6: 11 Dan [2] - 4:4, 8:7 generated [i] - 9:8 L 8 building (9l - 4: 161 DANIEL [11 - 4:6 Golinski [i1 - 2:2 4:24 , 5:2, 5:3, 5: 17, Daniel [i) - 4: 10 GOLINSKI (61 - 3:41 Zabel [i] - 7:4 5:23, 6: 3, 6: 12, 6:24 dated [11 - 3: 11 7: 171 7:22 , 8: 1 , 8:41 large [21 - 5: 1 , 5: 17 800 [1 ] - 1 : 10 Business [11 - 3: 13 daughter p] - 7:21 8 :7 larger [1] - 5:22 business [i1 - 3: 15 develop (11 - 5:6 Larry p] - 2:6 9 businesses [i] - 6: 11 developed [2] - 4: 209 H LASALLE [11 - 9:2 j 5:21 law [i] - 4: 11 9 [1 ] - 9 :7 C Development [i] - hand [2] - 9: 13, 9: 17 left [i] - 6: 1 3: 11 HEARING [1] - 1 :6 licensed [11 - 4: 11 development 13] - hearing [71 - 3:33 3: 5, Lighthouse [11 - 4:23 A Carlo (�] - 2:3 4: 18, 4:21 , 5: 13 LLC 3 Center (3) - 3: 13 , 3: 15, 6: 15, 8:5, 8: 10, 9:6 [ ] 3:6 , 4: 15 Diane fi] - 2: 10 Heartland (s1 - 3: 10, located (21 - 3: 15, AM [11 - 9 : 17 3:21 difficult [11 - 5:6 3: 12, 3: 15 , 3:21 , 3: 17 certificate [i] - 9: 10 able [� ] - 5: 14 direction [i] - 9: 15 3:22, 4: 17 locations [il - 6: 10 accommodate [i] - certification p] - 9: 16 down (i1 - 7: 10 h eight logo i - 7:4 Certified (i1 - 9: eight p) - 3: 14 [ 1 g 6:23 Drive [1] - 3:23 hereby (1] - 9:4 look (i] - 7: 15 accommodating (11 - certified [1 ] - 9: 12 driveway [q - 5: 5 hereto (i) - 9: 11 6: 17 certify [2] - 9:4, 9 : 10 accuracy [1] - 9: 14 change [21 - 3: 17, 7:7 hereunto [i] - 9: 16 M additional [z1 - 3: 14, Christine [z] - 9:3, E higher [i) - 7:8 7 :2 920 hoping [11 - 7: 13 major [21 - 3:915 : 12 Administrator [1] - city (i) - 4:20 east [31 - 3:22, 5:4, hurdle [i] - 6:21 manager f11 - 4: 15 2 : 13 CITY [21 - 1 :21 1 :5 5: 19 Marker (2) - 4: 19, 5: 1 I Vitosh W eporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i i 11 Markers [3) - 5: 11 , permit [1) - 3: 13 8:3 9: 11 5:21 , 7:2 permitted [1) - 6:6 responsibility [1l - true [i) - 9:7 Mayor [2) - 2:21 7: 19 petition [1) - 7: 12 9: 13 two [6) - 5:2 , 6: 1 , 6:2 , I MAYOR [6) - 3:4, 7: 17, petitioned (il - 5: 18 restaurant [1] - 4:22 6:8, 6:9, 8:5 7:22, 8: 1 , 8:4 , 8:7 Petitioners [1 ] - 3: 7 Road [2] - 1 : 10, 3:22 McHugh [1) - 3:22 Photomats [1) - 5: 7 room [1) - 6:7 U median [1] - 5: 19 pillars [2) - 3: 18, 7:8 Rose [1) - 2 :8 meeting [4) - 7: 141 place [1) - 9:9 Route [2] - 3:21 , 5: 12 U.S [1] - 3:21 7: 15, 8: 11 planned [2) - 5: 12, under [2] - 9: 12, 9: 14 MEETING [11 - 1 :5 5: 13 S middle [1] - 7:5 Planned [il - 3: 11 unit [1] - 5: 13 M(Ischewski [1] - 2: 5 podium [1) - 4:7 Unit p) - 3: 11 months [1] - 6: 16 portion [1] - 8: 10 second (2) - 6:20, UNITED [1) - 1 :2 MR [3] - 4:91 7: 19, 8:6 practice [1) - 4: 11 7: 13 United [1] - 3: 8 Preschool [1) - 4:23 Second [1] - 3: 10 up [5) - 5:24, 7:49 7:8, N PRESENT [2) - 2 : 15 see [1] - 8:5 7: 13, 7: 18 2: 12 set (1) - 9: 16 present [1] - 4: 5 Shorthand [1] - 9: 3 V name [1] - 4: 10 shorthand [2] - 9:5, primarily [1l - 4: 14 narrow [2] - 5 :4, 5:7 9:8 proceedings [3) - 3:2, vacant [2l - 5:2, 6: 5 need (1] - 6:20 show [1) - 6:7 new [1) - 6: 11 8'9' 9.5 vet [1] - 5: 16 property [6) - 3:23, 4: 15,3: 16, sign [9] - 3: 14, 3: 17, news (1) - 6: 10 3:20, 4:22, 5: 16, 6:2, 5: 12 , 5: 19, 6:6, 6: 19, Veterans [ , -5::3 3 next (3] - 3:4 , 7: 14, 6: 19 6:20, 6:23, 7: 13 7: 15 signage [2) - 3- 14, 6-5 6:5 v t p) (2) - 9:20 pubic [1) - 9 :5 vote e [1) - 7: 14 4 nice pl - 7: 18 PUBLIC (i) - 1 :6 signed [1] - 9: 12 north (1] - 3:22 sits [1] - 4: 18 W public p) - 3:3, 3:5, notes [1] - 9:9 4: 1 , 7:23, 8: 5, 8: 9 six [3] - 3: 13, 6: 11 , 7:8 PUD [1] - 4: 3 slots [1) - 6:24 O purchased [1) - 4: 16 small [1) - 5:6 Warren [1] - 2: 14 sold [1] - 6:2 weeks [1] - 8:5 OF [3] - 1 :20 9: 1 , 9:2 Q south (1] - 3:21 WHEREUPON [1] -office [3] - 4:24, 5: 1 , space (1] - 7: 1 3: 1 spaces [1) - 6:4 whole [2) - 5: 11 , 5 : 13 5 :23 p [ ] width [2) - 3: 17, 7:9 Queen (10) - 3: 16, Sears 1 - 2:8 officer [z] - 4:21 4: 18 , 5:5, 5: 15 , 5:20, SS [i) - 9: 1 wiser [1 ] - 5 : 10 Olson [1) - 2: 13 6:6, 6: 14, 6:21 , 7:3 , started (1] - 6: 13 wishes (11 - 4:2 one [2) - 5: 12, 6:4 7:5 state [1] - 4: 11 withdrew [1] - 7: 12 original [z] - 6: 15, STATE [1 ] - 9: 1 9: 11 y R still [3) - 5: 1 , 5:21 7:2 originally [3) - 4: 19, Subdivision [1) - 3: 10 5 : 17, 5:21 Orr 1] - 2 : 15 raised [il - 3: 19 subdivision [1) - 7: 18 ( YORKVILLE [2] - 1 :2, own p] - 7:2 raising [1) - 3: 13 1 :3 owner [2) - 4: 15, 6:22 Ratos [3] - 4 : 149 5: 16, T Yorkville (4) - 1 : 111 owners [1) - 7: 5 6:3 3:8, 3:23, 6: 10 owning (1] - 5: 11 Ratos' [1) - 6:24 Teeling (1] - 2: 10 owns [1) - 5:4 real [4) - 3: 16, 3:20 , telephonically pi - Z 4:9, 5:4 2:9 P reason [1] - 5:20 ten [1) - 6:4 record [1] - 4: 10 tenants [5] - 5:235 6: 1 , zoning [1] - 4:20 related [1] - 3: 12 6:2, 6: 7, 6: 8 p.m (1l - 1 : 15 remain [1) - 7:3 Thatcher [1 ] - 4:24 Pages [11 - 9:6 rented [i) - 6:4 thereof [2] - 9: 12, 9: 16 panels [2) - 3: 14, 7 : 10 reported [1] - 9:4 three [2] - 4: 13, 7: 1 Parkway [3] - 3:233 Reporter [1 ] - 9:4 Thursday [1) - 1 : 14 4: 15, 5:3 reproduced (1) - 9: 14 tonight [1] - 7:21 PC [1] - 3 :6 requesting [1] - 3: 9 top [q - 7:4 people [1) - 6: 14 reserved [i) - 7: 1 town [1) - 6: 11 perfect [1) - 5: 8 response (2) - 7:24 , transcript [2) - 9:8t Vitosh 12eponing Service 815 . 99392832 cros . vitosh @gmail . com 0�///irar:►�� /�u.P� _��.� ��i ��p� ��i �� u��►� ��►ice��p�� ..e� �� /Lr.I��+gyp��i+�P.►i��p��0��p.�►��v�i��q��u��+ �+ �+ �+ \\;`\1 I..rr.1♦��.�.�r♦t 1�.�.�1��.�.�1♦��.�.��♦��,�.�r♦♦��.�.�r♦1 1�.�.�1+��.�.�r♦��.�.�I+��.�.��t��.�.�r♦1••��1.. i%��/I��.t11,�ii•111�i i•111,��i�11„-ii•11•�i i•111i�i•11.1��i111.1�ii'•111,��ir•111��1111�ii�111.�'n•\ �\ti• .. .......a1 I l i. a1 I l i...a1 2 1 i.• a1 2 1i. •a1 2 1 i.••.112!l i.••.�1 2 l i.••a1 2 l i.••a1 2?�.••.112!l i.••.�1 2 1i.••a1 2 1i. /111►► UNITED CITY OF YORKVILLE �,, 1,.._ . J _:,• 11, �IIIh'•_- ,x,•, 11 1 ►I��r .�l.nil 1►�;` Recreational boating is fun and enjoyable, and we are fortunate that we have sufficient %•�1�11 III P•;. resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion. While •�._n„1' (i'•r''� being marvelous source of recreation, boating, to the unprepared, can be a risky sport. 111'hi g ►-�Nlr� Not knowing or obeying the Navigation Rules or the nautical "Rules of the Road", � drinking alcohol or taking drugs while operating a boat, or choosing not to wear your E` ►1 ►,.r- �� 111►1;-`-' life jacket when doing so is clearly not the smart thing to do, are all examples o •=!. human � �•1'1�11 �1�11111/i,�' error or a lack of proper judgment. One particular behavior that can reduce the number ti�;,llllrll ►;�.i 1,►�,;:; ; of boaters who lose their lives by drowning each year by approximately 80% is the 11►1'Pi� wearing of a life jacket. It is a simple task that has the potential to reduce terrible loss tom.//llr� �rllllj/i in lives. '�•'�Ill Igor%�� ;I; jl 11►Plies Knowledge and skills are important in reducing human error and improving judgment. ;!��•1V11 �1�11111�� If people are aware of the risk, they are likely to take the precautionary measures to 1,►�,;_; ; protect themselves and their friends and family. That is why we must continue to I►►► Illll�� spread the messages of boating safety not only during National Safe Boating Week but E!%•1,111 also throughout the entire year. /�IIIr� (►•�•'; WHEREAS on average, 700 people die each year in boating-related accidents in the ,�;•,� 111►/;•� g , p p Y •,1111 �1111/1� U.S., approximately 70% of these are fatalities caused by drowning; and ..Illllrl� - I1Q.►E• WHEREAS, the vast majority of these accidents are caused by human error or poor 111►/:-�� !►,VIII judgment and not by the boat, equipment, or environmental factors; and �►a-. . 0-13'.1, WHEREAS, a significant number of boaters who lose their lives by drowning each year C�; Irlll�l�% would be alive today had they worn their life jackets; and �►':r: WHEREAS today's life jackets are more comfortable, more attractive, and more wearable n styles y p b toda 's boating public. th tls of ears ast and deserve a fresh look :�••'� Y Y g p t �111111r1� Illllllgr; c •lell ►'r=� NOW, Therefore, I, Gary J. Golinski Mayor of the United City of Yorkville, do hereby '�••!.►1 111►/►�.�' support the goals of the North American Safe Boating Campaign and proclaim May 18- ;,,�-,►'�•1.1�11 24, 2013, as National Safe Boating Week and the start of the year-round effort to �ti��1111r1I 11►: � .�.._niil 1.►. promote safe boating. ►,.r% �%' In Witness Thereof, I urge all those who boat to "Wear it." and pr actice safe boating +r�1�1�11r1I 11.►!= habits. %:E!'►''1 A.D. IM115A,111 r .�' Dated this 16th day of May, 2013, +111r� ,'1 II Gary J. m 1 ski,Mayor �.�/jl rte•,1,1 �.:.I ♦.:.I ♦•:iI \ eel� \�.:%I� \♦..rl� \♦...I� \♦...I� \♦r..I� \�T' ��./ ,.. I.E. RA ar_+_r�ta�1 1.��r•r•�+_��ta r•a+_��ta��+_eta t•s+++ +++ ++�•��1.+ +� +ir.r.r•/ SPECIAL CITY COUNCIL MEETING (o PLEASE PRINT NAME: // SUBDIVISION OR BUSINESS : lee R d vr� Vi It fob# mot vrK ," SIGNIN SPECIAL CITY COUNCIL MEETING Public Comment PLEASE PRINT NAME: SUBDIVISION OR BUSINESS : n 0i�i cvv .� � A4r4�' �Fo K (le (e c j 62tAo,,s JOY t� srGNIN