Loading...
City Council Minutes 2015 11-10-15 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,NOVEMBER 10,2015 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward H Milschewski Present Kot Present Ward III Frieders Present Funkhouser Present Ward IV Tarulis Present Teeling Present Also present: City Clerk Warren,City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Sanderson,Community Development Director Barksdale-Noble,Director of Parks and Recreation Evans, Administrative Intern Kathman QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that the Park Board Report(CC2015-75),be moved right after the presentation. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Smoke Free Parks Presentation by Yorkville High School TRY Club Sarah Macko,Cosponsors of the TRY Club,introduced her cosponsor.The students in the TRY Club introduced themselves.Jason Andrade, from the Kendall County Health Department, spoke and shared he was very honored to work with these young people.He explained that Reality Illinois is the program.He worked with these young people to gain important research,analytical and critical thinking skills, communication skills,and teamwork skills.The group worked really hard last year on this project and are continuing to work this year.The group worked to make a change in their community.They worked on developing this media presentation to spread awareness about tobacco and the dangers of second hand smoke. They did a park clean up and conducted surveys.They are invested in making a change in their community.The students presented the power point presentation.Alderman Frieders asked if the students recommendation was to ban smoking from the festivals. The answer was no.Alderman Koch stated if there is a law then it has to be across the board.Alderman Colosimo stated that the festivals are held in the parks but there is a provision to allow smoking for a special event.Alderman Colosimo discussed e- cigarettes.Alderman Milschewski asked if tobacco was included.Alderman Koch,Mayor Golinski,and City Administrator Olson discussed how this ordinance would be enforced. PARK BOARD Ordinance 2015-56 Prohibiting Smoking in the City's Parks (CC 2015-75) Mayor Golinski entertained a motion to approve an ordinance prohibiting smoking in the City's parks and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-7 Nays-1 Milschewski-aye,Teeling-aye,Koch-nay,Kot-aye, n Frieders-aye,Tarulis-aye,Colosimo-aye,Funkhouser-aye PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Prestwick—Demand Call(CC 2015-73) The Minutes of the Reaular Meeting of the City Council—November 10,2015—Page 2 of 5 Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Milschewski; seconded by Alderman Kot. Motion approved by a roll call vote.Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye,Tarulis-aye,Frieders-aye, Funkhouser-aye,Koch-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Regular City Council—October 13,2015 n Alderman Funkhouser said he was present at the October 13,2015 meeting.He also wanted the word council to be changed to the AACVB Board. Amended minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were$1,002,483.13. REPORTS MAYOR'S REPORT 2016 Property Insurance,General Liability and Workman's Comp Insurance Renewal (CC 2015-74) Mayor Golinski entertained a motion to authorize entering into a one year insurance agreement with Glatfelter Insurance for general liability and property insurance in an amount not to exceed$171,560 and to enter into a one year insurance agreement with the Illinois Public Risk Fund for worker's compensation insurance in an amount not to exceed$156,222. So moved by Alderman Kot; seconded by Alderman Koch. A discussion took place to go over the general liability and workman's comp options for the City.Mike Alesia,the insurance broker for the City,explained the basic differences for the plans.Alderman Frieders questioned if there needed to be an appraisal of City properties.He also addressed the removal of certain items from the policy that are known to have been discarded.Alderman Frieders also asked for clarifications for the grant funding for safety improvements provided by the Illinois municipal pool. Alderman Frieders asked what would be the cost of the appraisal.Mr.Alesia would estimate 10 to 15 thousand dollars.Alderman Frieders questioned the handling of assets that may be of little or no value. Alderman Funkhouser pointed out another item to be removed from the insurance policy quotation. Alderman Colosimo supports the idea of an appraisal due to the fact that an automatic 3%increase per year may result in the City over insuring and the cost of the appraisal may well pay for itself.Mr.Alesia pointed out that the insured values are replacement costs and not necessarily market value.Alderman Frieders discussed the vacancy clause in the policy.He also questioned the workman's comp provision for the YBSD.Mr.Alesia stated that the vacancy clause refers to the purchase of vacant property and not necessarily existing properties. Motion approved by a roll call vote.Ayes-8 Nays-0 Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye,Koch-aye PUBLIC WORKS COMMITTEE REPORT Well No.8 Rehabilitation—Bid Award (PW 2015-62) Alderman Funkhouser made a motion to accept the bid and award the contract to Layne Christensen Company in an amount not to exceed$86,929.00; seconded by Alderman Milschewski. City Administrator Olson and Alderman Colosimo discussed this agreement.Alderman Frieders,City Administrator Olson,and Public Works Dhuse discussed the specifics for choosing this contractor in the past and the equipment that was installed. Motion approved by a roll call vote.Ayes-8 Nays-0 Frieders-aye Tarulis-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Koch-aye,Kot-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2015-57 Extending the New Residential Construction Incentive Program(B.U.I.L.D Program) (EDC 2015-43) The Minutes of the Regular Meeting of the City Council—November 10,2015—Page 3 of 5 Alderman Koch made a motion to approve an ordinance extending the new residential construction incentive program(B.U.I.L.D.)program and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Mayor Golinski stated that before the Council discusses this,there are a number of builders that would like to speak.Aladdin Nassar,Meadow Brook Builders, spoke in favor of the B.U.I.L.D.program.He favors this because the contractor fees involved in building a home in Yorkville are sometimes double what they are in surrounding communities. William Robinson,Ryland Homes,reiterated the prior contractors statements and maintains that housing starts in the Yorkville market have been below expectations.David Manyiore,Kylans Ridge,is in favor of the B.U.I.L.D.program and wishes for it to be extended.The City Council members discussed the merits of the B.U.I.L.D.program. Motion approved by a roll call vote. Ayes-5 Nays-3 Tarulis-nay,Colosimo-nay,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2015-21 Relating to Termination of Participation by Elected Officials in the Illinois Municipal Retirement Fund (ADM 2015-51) Alderman Milschewski entertained a motion to approve a resolution relating to termination of participation by elected officials in the Illinois Municipal Retirement fund for the positions of Mayor, City Clerk,and Alderman,with an effective date of November 10,2015 and authorize the City Clerk to execute; seconded by Alderman Frieders. Mayor Golinski stated that if this resolution passes,no elected official in Yorkville will receive health benefits or retirement benefits paid for by the tax payers.Alderman Colosimo agrees with the changes regarding these benefits.Alderman Koch agreed with Alderman Colosimo. 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,Tarulis-aye Ordinance 2015-58 Clarifying the Requirements for Tattoo and Body Piercing Establishments (ADM 2015-62) Alderman Milschewski entertained a motion to approve an ordinance clarifying the requirements for tattoo and body piercing establishments(ordinance version 1 -keeping the buffering)and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser. Mayor Golinski stated there has been much controversy over this issue.He referred to an article in the Beacon news that painted Yorkville in a negative light.It inferred that Yorkville was anti business and nothing can be further from the truth.He went through the timeline of everything that led up to this point. He also discussed the circumstances regarding the occupancy permit for the tattoo parlor,and the failure for the occupants to meet the requirements necessary for the business license.The occupant began operating without proper licensing and failed to review the buffer zone requirement for this establishment. Mayor Golinski opened up discussion to review the buffer zone requirement for a tattoo parlor.Alderman Colosimo prefers to protect the rights of the existing residents of Yorkville.He does not support any change to the current buffer zone in place,at this time.Alderman Kot supports keeping the buffer. Alderman Frieders doesn't agree with changing a specific City code per circumstances but would prefer an overall updating of all City codes.Alderman Teeling asked if a public hearing could have been presented for a variance in this situation.The answer was no.Alderman Funkhouser discussed the City's buffer.He compared the City's buffer to other buffer zones for this type of business in other communities. Alderman Funkhouser discussed all the requirements involving tattoo parlor operations. City Attorney Orr clarified some of the legal ramifications involving the state and the county.Alderman Funkhouser would be in favor of revising the buffer to be in line with the state recommendations.Alderman Frieders added to the discussion. Alderman Funkhouser made a motion to remove the requirement for the solid wall separation.Mayor Golinski stated motion fails due to no second. Alderman Funkhouser made a motion to change the age from 21 to 18; seconded by Alderman Colosimo. Alderman Frieders asked for clarification as to which standard the City ordinance would be changed to reflect the county or state regulations. City Administrator Olson answered that this would be aligned to the county regulation.Alderman Colosimo supports the change from 21 to 18 years of age The Minutes of the Regular Meeting of the City Council—November 10,2015—Page 4 of 5 Mayor Golinski stated role call on the motion to remove the first sentence of section 3-10-15 age requirement. Motion approved by a roll call vote.Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye,Koch-aye, Kot-aye,Frieders-aye,Tarulis-aye,Colosimo-aye Mayor Golinski stated roll call on the original motion as amended. n Motion approved by a roll call vote.Ayes-8 Nays-0 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Tarulis-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT School Board Meeting Alderman Funkhouser reported on the School Board Meeting. STAFF REPORT Yorkville Holiday Celebration Weekend Director of Parks and Recreation Evans stated that next Saturday November 21,2015,and Sunday November 22,2015,is the Yorkville Holiday Celebration Weekend. Starting at 11:00 a.m.to 3:00 p.m. at Circle Center School.There will be a number of Christmas type activities,along with free visits with Santa.At 5:30 p.m. at Riverfront Park there will be the first annual Yorkville Holiday Parade with a tree lighting ceremony and fireworks to follow afterwards.On Sunday at the American Legion is the annual Chili Chase Run. Some of the proceeds are going to help out a child with Muscular Dystrophy. ADDITIONAL BUSINESS None. EXECUTIVE SESSION None. CITIZEN COMMENTS William Norman,a non resident of Yorkville,spoke in favor of the tattoo and body piercing establishment. Matthew Faxon,owner of the shop,petitioned all the residents of the apartment complex within the buffer zone.He had a great deal of support for the petition to allow for a variance in the City code regarding the buffer zone required for a tattoo parlor.He sees inconsistencies with the business zoning,which allows a setback for a gun range to be considerably smaller than that required for his establishment.Mr.Faxon believes there was some misunderstanding in the licensing process and the individual involved in the altercation will not be a part of the business going forward. Geoff Hogle,Aurora, spoke in favor of the Fancy Flesh Tattoos. Zach Niel,customer of Mr.Faxon, spoke in favor of the Fancy Flesh Tattoos. Julia Schultz,Heartland Circle,believes the buffer should be readdressed.As it stands there is nowhere in Yorkville that a tattoo parlor could operate given the current buffer zone code. Amber Rasmuson,mother of Mr.Faxon, spoke to her son's character and to support his tattoo parlor. Lori,resident, spoke in favor of the Fancy Flesh Tattoos. ADJOURNMENT The Minutes of the Regular Meeting of the City Council—November 10,2015—Page 5 of 5 Mayor Golinski stated meeting adjourned. Meeting adjourned at 8:38 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville,Illinois n REGULAR CITY COUNCIL MEETING w i PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: _ n6C4 rat --1;50 ,k l 16, a ck�1 l?yx -9-v- ,`7 eo-w r'lo( FAN(-y fGGSN TA-rT-ce SIGNIN REGULAR CITY COUNCIL MEETING Public Comment o U ev✓I d 2 U PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: I ( y► 1�phi nS��' (��I 144 It nM1�5 SIGNIN