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City Council Minutes 2014 05-13-14 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,MAY 13,2014 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. n ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Frieders Present Funkhouser Present Ward IV Spears Present(called in) Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Morrison, Community Development Director Barksdale-Noble,Building Code Official Ratos,Director of Parks and Recreation Evans OUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Funkhouser requested that Item#4 on the consent agenda,website redesign(ADM 2014-26), be moved to the regular agenda under the Administration Committee Report. Amendment approved unanimously by a viva voce vote. PRESENTATIONS None. PUBLIC HEARINGS 1. PC 2014-07 Second amendment to that certain Annexation Agreement(Prestwick of Yorkville Subdivision)dated April 26,2005, as amended October 8,2014,by and among Yorkville Farms Development,LLC. (Owner/Developer), an Illinois Limited Liability Corporation, and the United City of Yorkville,Kendall County,Illinois,for the purpose of amending the requirements for security to be deposited by the Owner/Developer for the construction of roadways. Please, see attached report of proceedings by the Court Reporter for the public hearing. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Monthly Treasurer's Report for March 2014(ADM 2014-21) 2. RFP for Telephone System and Related Services—authorize staff to issue a request for proposals for a telephone system and related services(ADM 2014-24) 3. RFP for Live Video Streaming—authorize staff to issue a request for proposals for live video streaming(ADM 2014-25) 4. Ordinance 2014-18 Codifying the Existing Late Payment and Other Fees for Delinquent Invoices,Bills,and Returned Checks—authorize Mayor and City Clerk to execute (ADM 2014- ^ 27) 5. Request for Vehicle Disposal—authorize Police Department to dispose of 2005 Jeep Liberty, VIN #1J4GL48K75W58354, 2003 Volkswagen Jetta GL, VIN#3VWRK69M93M143831, and a 2000 Saturn SL2, VIN#1 G8ZI5272YZ136207 via the bid process (PS 2014-07) 6. Resolution 2014-11 Authorizing the Execution of a Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation—authorize Mayor and City Clerk to execute (PS 2014-08) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 The Minutes of the Regular Meeting of the City Council—May 13,2014—Page 2 of 4 Colosimo-aye,Milschewski-aye, Spears-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Special City Council Meeting—April 10,2014(CC 2014-41) 2. Minutes of the Regular City Council Meeting—April 22, 2014(CC 2014-42) Mayor Golinski entertained a motion to approve the minutes of the special City Council meeting for April 10,2014, and the minutes of the regular City Council meeting for April 22,2014,as presented. So moved /1 by Alderman Koch; seconded by Alderman Funkhouser. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT $931,913.11 REPORTS MAYOR'S REPORT Appointments to Boards and Commissions (CC 2014-43) Mayor Golinski entertained a motion to approve the Mayor's appointments of Bob Johnson to the Board of Fire and Police Commission;Barb Johnson, Sandy Lindblom,and Jo Ann Gryder to the Library Board; Deborah Horaz to the Park Board;Jeff Baker,Jane Winninger,Jack Jones,and Deborah Horaz to the Plan Commission; and Corey Johnson and Reagan Flavin Goins to the Zoning Board of Appeals. So moved by Alderman Colosimo; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-7 Nays-1 Funkhouser-nay,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Frieders-aye, Spears-aye,Colosimo-aye Appointment to Southwest Fox Valley Cable and Telecommunications Consortium (CC 2014-44) Mayor Golinski entertained a motion to approve the Mayor's appointments of Diane Teeling to the Southwest Fox Valley Cable and Telecommunications Consortium. So moved by Alderman Milschewski; seconded by Alderman Koch. 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 Selection of Mayor Pro-Tem for Fiscal Year 2015 (CC 2014-45) Mayor Golinski said he would take nominations from the Council for Mayor Pro-Tem.Alderman Funkhouser nominated Alderman Kot. That was seconded by Alderman Colosimo and Alderman Milschewski.Alderman Kot was accepting of this nomination. Mayor Golinski entertained a motion to appoint Alderman Larry Kot as Mayor Pro-Tem for fiscal year 2015. So moved by Alderman Funkhouser; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Koch-aye,Kot-present,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye Prestwick Bond Reduction (CC 2014-46) Mayor Golinski entertained a motion authorize a reduction to International Fidelity Insurance Company Bond No. ILIFSU0598131 in the amount of$559,753,20, subject to verification that the developer has no outstanding debt owed to the city for this project. So moved by Alderman Spears; seconded by Alderman Frieders. Alderman Colosimo clarified with Community Development Director Barksdale-Noble that this reduction is for the work that has been done. 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 PUBLIC WORKS COMMITTEE REPORT The Minutes of the Reeular Meetine of the City Council—May 13,2014—Page 3 of 4 No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. n ADMINISTRATION COMMITTEE REPORT Ordinance 2014-19 Amending the Code of Ordinances Regarding Massage Establishments (ADM 2014-28) Mayor Golinski entertained a motion to approve an ordinance amending the code of ordinances regarding massage establishments and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Alderman Kot stated the purpose of the original ordinance was to provide some regulations on illegal establishments coming into town. He asked if this action diminishes that in any way on losing control or watching over these establishments. City Administrator Olson answered Alderman Kot's question. Alderman Funkhouser took time to talk to Police Chief Hart about this issue.He discussed the removal of the minors on the premises.This issue was discussed among the Alderman,City Administrator Olson, Mayor Golinski, and City Attorney Orr.Alderman Funkhouser also brought up the section which allows for the inspections.He doesn't like the idea of the chief of police dealing with code enforcements.He asked if that could be changed. City Attorney Orr said it is traditional in most ordinances to have the chief of police deal with the inspections. Motion approved by a roll call vote. Ayes-7 Nays-1 Frieders-aye Spears-aye, Colosimo-aye,Funkhouser-nay, Milschewski-aye,Teeling-aye,Koch-aye,Kot-aye RFP for Website Redesign (ADM 2014-26) Alderman Funkhouser asked a question in regards to the RFP. City Administrator Olson answered. PARK BOARD No report. PLAN COMMISSION Ordinance 2014-20 Amending the Requirements in the Yorkville Subdivision Control Ordinance Regarding Procedures for the Reduction of Subdivision Securities (PC 2014-03) Mayor Golinski entertained a motion to approve an ordinance amending the requirements in the Yorkville subdivision control ordinance regarding procedures for the reduction of subdivision securities and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye Ordinance 2014-21 Approving Amendments to the Yorkville Zoning Ordinance Removing Lowland Filling as a Special Use in the Residence Districts (PC 2014-04) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the Yorkville zoning ordinance removing lowland filling as a special use in the residence districts and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Milschewski. Alderman Colosimo asked if this is to circumvent the oversight with Evergreen Subdivision. Community Development Director Barksdale-Noble answered his question.There was more discussion between Alderman Colosimo and Community Development Director Barksdale-Noble about Evergreen Subdivision.Mayor Golinski asked how this came forward. Community Development Director Barksdale-Noble answered.Alderman Colosimo asked if the City can do some sort of exemption. Community Development Director Barksdale-Noble said the City would have to go back to a public hearing to change that scope.Alderman Colosimo has concern about big developers dumping waste.As it is,he would vote no but he would be open to the idea of exemptions for smaller lots with private land homeowners. Community Development Director Barksdale-Noble discussed the developments in regards to the issue with the dirt. City Administrator Olson clarified that the fill in dirt of the two land applications that were being discussed did require special use. This amendment does not address biological waste plan application.Alderman Colosimo is trying to pin down the difference between this The Minutes of the Reeular Meeting of the City Council—May 13,2014—Paae 4 of 4 amendment and what transpired with Evergreen Subdivision. Community Development Director Barksdale-Noble explained.Alderman Funkhouser explained the reason for the clause. He does like the idea of having a size restriction. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT Library Board Meeting Alderman Colosimo stated the library board meeting was last night. On Labor Day weekend the library is going to have a 5K run called Booking It. This is to raise money for the library.He encouraged residents to attend.He also reminded residents to take the survey from the library. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Golinski stated that the Council will adjourn to executive session for 1. For collective negotiating matters. 2. For litigation. Mayor Golinski said once the Council comes out of executive session it will take action on Collective Bargaining Agreement between the International Union of Operating Engineers,Local 150,Public Employees Division and the United City of Yorkville. The City Council entered Executive Session at 7:40 p.m. The City Council returned to regular session at 8:06 p.m. MAYOR'S REPORT(cont'd): Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150,Public Employees Division and the United City of Yorkville (CC 2014-40) Mayor Golinski entertained a motion to approve a Collective Bargaining Agreement between the International Union of Operating Engineers,Local 150,Public Employees Division and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Spears-aye CITIZEN COMMENTS None. n ADJOURNMENT Mayor Golinski stated meeting adjourned. Meeting adjourned at 8:08 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville, Illinois 1 1 2 3 4 5 UNITED CITY OF YORKVILLE 6 YORKVILLE, ILLINOIS 7 8 CITY COUNCIL MEETING 9 PUBLIC HEARING 10 11 12 13 800 Game Farm Road 14 Yorkville, Illinois 15 16 17 18 19 Tuesday, May 13 , 2014 20 7 : 00 p .m. 21 22 23 24 Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh @gmail . com 5 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M . Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 5 , inclusive, is a 7 true, correct and complete computer-generated 8 transcript of the proceedings had at the time and 9 place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only . I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 3rd day of May, A. D . , 2014 . 18 19 20 Christine M. Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Reporting Service 815. 993 . 2832 cros .vitosh @gmail . com 6 0 Ann[1]-2:9 p J phase[1]-4:15 Annexation[1]-3:6 place[1]-5:9 annexation[1]-3:16 plans[2]-4:11,4:13 084-002883[1]-5:20 annexed[i]-5:10 dated[1]-3:7 Jackie[1]-2:5 portion[1]-4:23 applies[1]-5:11 deposited[1]-3:13 Joel[1]-2:7 PRESENT[2]-2:1, 1 approval[i]-4:10 Development[1]-3:9 2:13 April[1]-3:7 development[i]-4:4 K Prestwick[1]-3:6 1[i]-5:6 assume[1]-5:13 Diane[1]-2:11 proceedings[4]-3:2, 13[11-1:19 Attorney[1]-2:16 direction[1]-5:15 4:22,5:5,5:8 Kathleen[1]-2:16 Ken[1]-2:4 provided[i]-4:2 2 B E Kendall[i]-3:11 pubic[1]-5:5 KLOA[i]-4:3 PUBLIC[1]-1:9 engineering public[5]-3:3,3:4, 2[�]-4:5 Bart[i]-2:14 9 g[il-4:13 Koch[i]-2:4 3:15,4:20,4:23 Beth[1]-2:15 ----- -- KOT[2]-3:21,4:7 2005[i]-3:7 2014[3]-1:19,3:8, F Kot[1]-2:6 purpose[1]-3:12 5:17 C+ L Q 2014-07(11-3:5 Farm[1]-1:13 26[1]-3:7 Carlo[q-2:3 Farms[1]-3:8 certain[1]-3:5 Field[i]-2:16 Larry[1]-2:6 questions[1]-4:17 3 certificate[i]-5:10 Field-Orr[i]-2:16 LASALLE[i]-5:2 certification[1]-5:16 following[1]-3:1 liability[i]-3:10 R 3rd[1]-5:17 Certified[i]-5:3 foregoing[i]-5:6 limited[i]-3:10 certified[1]-5:12 Frieders[i]-2:7 LLC[1]-3:9 receive[2]-4:8,4:9 5 certify[2]-5:4,5:10 Funkhouser p]-2:8 report[3]-3:24,4:2, change[i]-4:4 M 4:6 Chris[1]-2:8 G Reporter[)-5:4 5[1]-5:6 Christine[2]-5:3, Mayor[i 2:2 reproduced[i]-5:14 ]- 5:20 requirements[1]- Game[1]-1:13 MAYOR[41-3:4,3:19, 7 CITY[2]-1:5,1:8 3:12 Gary[i]-2:2 4:16,4:19 City[5]-2:14,2:15, generated[i]-5:7 meeting[i]-4:24 Residential[1]-4:5 7:00[1]-1:20 2:16,3:11,3:19 Golinski[1]-2:2 MEETING[i]-1:8 response[2]-3:18, Clerk[q-2:15 4:18 GOLINSKI[a]-3:4, M[Ischewski[q-2:5 8 close[1]-4:19 3:19,4:16,4:19 MS[21-3:23,4:9 responsibility[i]- Colosimo[1]-2:3 5:13 comment[i]-3:16 H N review[1]-4:15 800[i]-1:13 comments[1]-4:17 reviewing[1]-4:12 8th[1]-3:8 complete[i]-5:7 Road[i]-1:13 computer[1]-5:7 hand[2]-5:13,5:17 NOBLE[2]-3:23,4:9 roadways p]-3:14 A computer-generated HEARING[1]-1:9 Rose[i]-2:9 [1]-5:7 hearing[5]-3:3,3:4, O A.D concerns[1]-4:17 4:20,4:23,5:5 S accuracy[r-y[i] concurrent[i]-4:14 hereby[1]-5:4 accuracy[�]-5:14 October[i]-3:8 connection[1]-2:10 hereto[q-5:11 Administrator(1]- OF[3]-1:5,5:1,5:2 School[i]-4:5 construction[t]- hereunto[i]-5:16 2:14 3:14 Olson[q 2:14 Second[i]-3:5 aforesaid[i]-5:9 control[i]-5:15 I original[1]-5:11 security[1]-3:13 Agreement[1]-3:6 copies[2]-5:12,5:14 Orr[1]-2:16 separate[1]-4:6 agreement[1]-3:17 copy[i]-4:8 Owner/Developer[2] set[1]-5:16 Alderman[8]-2:3, corporation[i]-3:10 IDOT[6]-3:22,4:1, -3:9,3:13 Shorthand[i]-5:3 2:4,2:5,2:6,2:7, correct[i]-5:7 4:6,4:10,4:14,4:15 signed[1]-5:12 2:8,2:9,2:11 COUNCIL[i]-1:8 ILLINOIS[2]-1:6,5:1 P Spears[1]-2:9 ALDERMAN[2]-3:21, Council[z]-3:20,4:8 Illinois[4]-1:14,3:9, SS[1]-5:1 4:7 counts[i]-4:3 p.m[i]-1:20 3:11,5:20 STATE[1]-5:1 ALSO[1]-2:13 improvements[1]- study[2]-3:22,4:1 COUNTY[1]-5:2 Pages[1]-5:6 amended[�]-3:7 4:14 subdivision[1]-3:7 5 3 [1]- : amending[i]-3:12 County[i]-3:11 inclusive[i]-5:6 PC submit[i]-4:11 5:20, amendment[2]-3:5, CSR[2]-5:20 indicating[i]-4:3 permit[2]-4:10 3:17 intersection[1]-4:13 petitioner[2]-3:24, 4:2 Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com T Tooling[q-2:11 telephonic[1]-2:10 thereof[2]-5:12,5:16 traffic[4]-3:22,3:23, 4:1,4:3 transcribed[1]-5:4 transcript[2]-5:8, 5:11 true[11-5:7 Tuesday p]-1:19 U under[2]-5:12,5:14 Unit[1]-4:5 UNITED[t]-1:5 United[1]-3:10 V via[1]-2:9 Vitosh[2]-5:3,5:20 W Warren[i]-2:15 WHEREUPON p]- 3:1 Y YORKVILLE[2]-1:5, 1:6 Yorkville[4]-1:14, 3:6,3:8,3:11 Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh @gmail . com REGULAR CITY COUNCIL MEETING a0 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: V ,rte all L�4 SIGNIN