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City Council Minutes 2011 05-10-11 I �I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVII,LE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,MAY 10,2011 Mayor Burd called the meeting to order at 7:05 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward II Golinski Present Plocher Absent Ward III Munns Absent Sutcliff Present Ward IV Spears Present Teeling Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr,City Administrator/Interim Director of Park and Recreation Olson,Police Chief Hart,Public Works Director Dhuse,Finance Director Fredrickson, City Engineer Wywrot, and Community Development Director Barksdale-Noble and Building Code Official Zabel QUORUM A quorum was established. COMMENTS BY MAYOR OR ALDERMEN Alderman Werderich thanked constituents, fellow aldermen and city staff.He said serving as an alderman was very powerful and humbling experience.Thanked wife and family. Without them there would be no guidance in my life.He believes Yorkville is headed in the right direction. Alderman Sutcliff was honored to serve the residents of the third ward for the past four years. Being alderman allowed her to meet and become friends with many elected officials,residents,and business owners.Alderman Sutcliff has gotten to know many of the talented staff members and have the utmost respect for them and their dedication to the city. She will look back most fondly on these relationships and becoming an active citizen in Yorkville.It was a busy four years but there were many highlights such as meetings in Springfield with representatives to discuss capital bills.The capital bill came through.We are about to see this much awaited project begin. One of those trips were with the Mayor,Bart Olson, and Alderman Teeling who were able to meet with Senator Durbin's chief of staff for 45 minutes.Able to fmd out how the Senator's position could benefit our needs here.It was an amazing meeting. The mayor, a local resident,and I worked with Ron Clark and his family resulting in the city purchasing 4 and 1/2 acres of prime riverfront property over a period of five years at a very generous price.The sale of the property had a stipulation that it would be protected as a passive open park. They wished to have it named after their grandfather Dr.Hopkins.He was the first physician to practice medicine in Yorkville. Because of Alderman's Sutcliff's communication through email, a resident came forward to spear the community garden project that is starting soon. Going forward,Alderman Sutcliff is happy to have culture coming to Yorkville and plans to be active in the cultural arts community. She also plans to be a part of the initiative to f indraise for the bike paths in Yorkville. She has no worries with her replacement as third ward alderman. She believes that Chris Funkhouser is a smart professional who she believes wants to represent the people here. She feels Chris Funkhouser and Alderman Teeling will bring honesty, creative ideas, and integrity to her city's council. It has been a world wind four years and she will enjoy looking on from the outside. Mayor Burd thanked the people of Yorkville who voted for her and stated that She ran for the office of Mayor for she thought we needed a choice. She never expected to be Mayor. She appreciated the opportunity and feels that this council has gotten much done over the last four years.Thinks democracy is great! She encouraged the citizens to stay involved and help the new city council. She congratulated all the new alderman and the new Mayor elect. ADJORNMENT OF SINE DIE(SESSION) Mayor Burd entertained a motion to be adjourned. So moved by Alderman Sutcliff, seconded by Alderman Werderich. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 7:12 p.m. I I� The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 2 of 12 SWEARING-IN Mayor elect Gary Golinski was sworn in as Mayor by his son. Beth Warren was sworn in as City Clerk by her son,Matthew Warren. William Powell was sworn in as City Treasurer by Judge Robert Pilmer. Carlo Colosimo was sworn in as Alderman Ward I by Judge Robert Pilmer. Jackie Milschewski was sworn in as Alderman of Ward II by Judge Robert Pilmer. Chris Funkhouser was sworn in as Alderman of Ward III by Judge Robert Pilmer. Rose Spears was sworn in as Alderman of Ward IV by her daughter, Cherese Spears. CALL TO ORDER Mayor Gohnski called the meeting to order at 7:17 p.m ROLL CALL Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Ward III Munns Present Funkhouser Present Ward IV Teeling Present Spears Present QUORUM A quorum was established. MAYORAL RECOGNITIONS Mayor Golinski called former Mayor Burd forward to present a certificate of appreciation for her service as Mayor of the United City of Yorkville Mayor Gohnski called Wally Werderich forward to present a certificate of appreciation for his service as alderman. Mayor Golinski called Robyn Sutcliff forward to present a certificate of appreciation for her service as alderman. i INTRODUCTION OF GUESTS Mayor Golinski welcomed everyone for coming out to the city council meeting.Asked to proceed with introduction of guests. AMENDMENTS TO THE AGENDA Alderman Spears suggested we remove item#2 from the Consent agenda and place it on the administration committee report as item# 1 for discussion purposes. Alderman Colosimo recommended we move consent agenda item#3 to administrative report#2 for discussion. Amendments approved unanimously by a viva voce vote COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m.,May 17, 2011 City Hall Conference Room Economic Development Committee: 6:30 p.m.,June 7, 2011 City Hall Conference Room Administration Committee Meeting: 6:00 p.m.,May 19, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m.,May 26,2011 City Hall Conference Room I The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 3 of 12 PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Robyn Sutcliff,Park Street,wanted to talk about the governing ordinance that is on the agenda this - evening. She believes it is important to our city and government. It has many important parts and she doesn't understand why the city council wants to reverse and rescind it. This ordinance gives the aldermen rights and allows them to pick their own chairmanship of the committees depending on seniority. One of the most important things it has in the ordinance are ethics.Not being able to take a bribe and have to abide by the constitution and laws of the United States. This ordinance strives to make members trustworthy and act with integrity and moral courage on behalf of their constituents. Discouraging bribes,unlawful gifts,and narrowing special interests for financial,personal, and or political gain. Our council should recognize its chief function is to serve the best interest of the City of Yorkville at all times,keep the community informed on municipal affairs, and encourage communication between residents and municipal officers.They should work to insure the government is openly conducted efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and holds city officials accountable.Removal of this ordinance allows for certain ethics to be jeopardized by allowing aldermen to request dissemination of information from city staff that's open and unbiased for them to collect information that will be on the out. They're required to tell the aldermen when there is an issue in their ward.Those are only the high points of the ordinance.Robyn Sutcliff mentioned that Alderman Spears would normally insist on a first and second reading of any ordinance being changed but this is not the case in the changing of this ordinance.The ordinance is being put on and passed instantly with no discussion and not letting the residents know that it is being rescinded. She would like the council to.think long and hard on it and she wants to make all the residents aware that this is being rescinded with the idea that it will go back to administration to be rewritten. She does not think we want to be a day without these laws and without this ordinance because it is vitally important to our local government and our representation. Also, she is very happy to see that the Marge Cline name is on the agenda for a vote. She thinks it is a great name for our new economic stimulus package which is the white water rapids. She hopes to see it pass. Jesus Alaniz, Colonial Drive, congratulated our new Mayor and expounded on Robin Sutcliff s comments saying that there have been local political issues troubling him and has spurred his interest in our own local government, stating that"understanding that if we can't govern at the bottom then we really don't know how to govern at the top." Each meeting starts out with the pledge of Allegiance and to the republic for which it stands. "A republic respects the property and the person."He believes that Government throughout our nation has abused its power.He supports this current administration and hopes it understands its primary focus is to protect our rights so we can live in peace and prosper and bring our city"back to snuff."He compares Illinois' dismal employment levels to that of Tennessee and North Carolina since the 66%tax increase imposed by our new governor.He was thankful for the opportunity to vent and"I put my faith in you and my trust in you that you will and this honorable council will follow and abide by the constitution of the United States. Thank you." CONSENT AGENDA i 1. Treasurer's Report for March 2011 (ADM 2011-12) Mayor Golinski made a motion to approve the consent agenda as amended. So moved by Alderman Spears and seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-aye,Teeling-aye PLAN COMMISSION/ZONING BOARD OF APPEAL None MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minuets of the city council for March 22,2011,as presented. So moved by Spears. Seconded by Alderman Munns. Mayor Gohnski asked for any comments or corrections on the minutes. Alderman Colosimo had a correction to first paragraph of the Citizens Comments. This was regarding the referencing of the boring being done at 802 Route 47.He wanted the 5,000 feet figure of where the contamination was found under Orange Street changed to 5 feet.Due to this fact,Alderman Colosimo moved to amend the minutes of March 22,2011 from 500 feet to 5 feet. I i The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 4 of 12 Motion unanimously approved as amended by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed Board Report dated May 4,2011,totaling the following amounts: checks in the amount of$335,516.48 (vendors FY 10/11); $165,242.59 (vendors FY 11/12); $3,391.25 (BNY Wire Transfer for Fox Industrial TIF); $65,571.25 (BNY Wire Transfer for Countryside T1F); $213,484.21(payroll period ending 4/29/11); for a total of$783,205.78 (total); seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye REPORTS i MAYOR'S REPORT Appointment of Ward II Alderman Larry Kot (CC 2011-29) A motion was entertained by Mayor Golinski to approve the Mayor's appointment of Larry Kot to the position of Ward II Alderman. So moved by Alderman Milschewski and seconded by Alderman Spears. Mayor Golinski asked if there were any comments or questions of this appointment. i Alderman Teeling stated that she had a chance to meet Mr.Kot and enjoyed their conversation. She feels that he is very knowledgeable and will be a good addition to the city council. Alderman Spears stated having previously served with Larry Kot she found him to be outstanding.He was a great Alderman and she feels certain that he will continue to be in this position. She looks forward to serving with him. Motion approved by a roll call vote. Ayes-7 Nays-0 Teeling-aye,Gilson-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Mayor Golinski called Larry Kot forward to be sworn in by Judge Robert Pilmer. RECESS Mayor Golinski stated that a brief recess would take place and that the meeting would re-adjourn in fifteen to twenty minutes. REPORTS(cont'd) Ordinance 2011-14 Repealing the Governing Ordinance (CC 2011-30) Mayor entertained a motion to repeal the governing ordinance. So moved by Alderman Spears and seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-1 Gilson-aye,Kot-aye,Munns-aye, Spears-aye, - Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-nay I Selection of Mayor Pro Tem (CC 2011-31) Mayor Golinski entertained a motion for the selection of Mayor Pro Tem. Alderman Colosimo made a motion to appoint Rose Spears as the mayor pro tem for the fiscal year of 2011/2012. Seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Abstain-1 Munns-aye, Spears-abstain,Colosimo-aye,Funkhouser-aye, I The Minutes of the Regular Meeting of the City Council-May 10 2011 -Page 5 of 12 Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye Appointments to City Council Committees (CC 2011-32) Mayor Golinski said he was making the following committee appointments. He stated that this was informational. Administration Committee: Rose Spears-chairman, George Gilson, Carlo Colosimo,Marty Munns Economic Development: Marty Munns-Chairman, Chris Funkhouser,Jackie Milschewski,Diane Teeling Public Safety: Carlo Colosimo-Chairman,Rose Spears,Larry Kot, Chris Funkhouser i Public Works: George Gilson-Chairman,Diane Teeling,Larry Kot,Jackie Milschewski i Appointments of Hearing Officers—Wally Werderich&Daniel Transier (CC 2011-33) Mayor Golinski entertained a motion for the appointment of Hearing Officers. So moved by Alderman Munns and seconded by Alderman Gilson. Mayor Golinski asked if there were any comments or questions. Alderman Colosimo stated that he personally knows Wally Werderich and Dan Transier for he has worked with them and consider them both good friends.He knows they know the law very well. Wally Werderich has been on the city council for four years and is well qualified and well versed in the ordinances.Alderman Colosimo believes he has a good perspective as what's required for the job, since he was a former hearing officer for the city. He thinks Wally Werderich's going to do an excellent job and will be a great hearing officer. Alderman Colosimo stated that he met Dan Transier when they were with the states attorney's office as assistant states attorneys.Dan was a prosecutor, a defense attorney, in private practice,he is a local business man,and has his law office here in Yorkville.I know he knows the law very well and think he will do an excellent job for the city. So Alderman Colosimo is happy to nominate them and would encourage the council to vote for their appointment as hearing officers. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Ordinance 2011-15 Amending the Cord of Ordinances Adopting Hiring Standards for Part-Time Police Officers (CC 2011-34) Mayor Golinski entertained a motion to approve an ordinance Adopting Hiring Standards for Part Time Police Officers. So moved by Alderman Spears and seconded by Alderman Funkhouser. Mayor Golinski stated to Police Chief Hart that this is a housekeeping matter. Police Chief Hart stated the ordinance assures that we are following state law when it comes to the hiring practices for Part-Time Police Officers. Alderman Spears states that it is a good idea. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spear-aye, NEWEC Street Light Bid (CC 2011-35) Mayor Golinski entertained a motion to authorize the city administrator and the finance director to approve the lowest bid at their discretion and assign contracts that secure the provision of the electricity from the lowest bidder as presented by NIMEC effective only for the current NIMEC Bid cycle which ends on June 30, 2011. So moved by Alderman Spears and seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye, The Minutes of the Regular Meeting of the City Council-May 10, 2011 -Page 6 of 12 Kot-aye,Munns-aye, Spear-aye, Colosimo-aye Police Sergeants' Union Contract (CC 2011-36) Alderman Spears made a motion to table the Police Sergeants' Union Contract until after the city council meets for executive session later this evening. Seconded by Alderman Colosimo. Motion unanimously approved by a viva voce vote. CITY COUNCIL REPORT None. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Annual Report of the Police Pension Board (CC 2011-37) Treasurer Powell stated that he had a couple items relative to the Police Pension Board with the annual report from fiscal year from May 1, 2010 to April 30, 2011 as referred to the state statute. Treasurer Powell said the report shows a balance of$3,645,473.42 as of fiscal year April 30,2010 and at end of fiscal year April 30,2011 the report shows a balance of$4,217,622.00 which is approximately $600,000.00 more than we had at the beginning of the year after occurring all expenses. Required Report to the Municipality by the Police Pension Board (CC 2011-38) Treasurer Powell Stated that his item is based on last years' numbers, so you can't compare it to the numbers he just gave you. All the numbers on this report are out of the actuarial study from last year so it is just a matter of copying down those on this report. CITY ADMINISTRATOR'S REPORT One item is the Kayak Attack Event which is the ribbon cutting for our white water course and dam bypass. It starts at 10:00 am at the Riverfront Park and ends at 4:00pm.The ribbon cutting event is at 12:30pm and there will be some speeches from elected officials and other dignitaries. Afterwards,there will be demonstrations. Geneva Kayak is going to have some goods on display, and Upper Crust is going to be catering the event.There will be other vendors, also.There will be a time when Geneva Kayak will get us each individually into a canoe with trained professionals and put us down the chute.Representative Hatcher will be in attendance and City Administrator Olson believes Representative Hultgren will be there as well. DIRECTOR OF PARKS&RECREATION'S REPORT Ordinance 2011-16 Ordinance Approving a Lease Agreement with Creative Kernels (131 E.Hydraulic Ave.) (CC 2011-39) Alderman Gilson made a motion for ordinance approving a lease agreement with Creative Kernels at 131 131 E. Hydraulic Ave. Seconded by Alderman Spears. City Administrator Olson said this came out of Park Board.This is concerning the south preschool building which is the old Parks and Recreation office which is the old police station. The City is looking to partition it off and rent it to Creative Kernels,which is a popcorn vendor.The provisions of the agreement are detailed in the packet. It is a six year contract with a$200.00 base rent.The idea was to have a low base rent to entice proposers and there is a concession percent built into the lease contract stating that the city gets 5%of all the gross of all sales in the facility.The vendor intends to sublease to a frozen yogurt business which City Administrator Olson believes is called White Water Custard. That is the proposal in front of you. Alderman Colosimo said he is excited about Creative Kernels coming into town but looking at the lease agreement he has some minor issues that need to be fixed before approving the lease especially having to do with the sub leasing provision.He understands that Creative Kernels is going to sub lease to White Water Custard but there is nothing in the lease that restricts them to sub lease to anybody they want.The sublet under paragraph 17.1 states that before they sublet they need consent of the Director of Parks and Recreation however,Alderman Colosimo has a problem with 31.1 which states the$200.00 per month i The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 7 of 12 rent. That is fine but there was a provision added that said the lessor understands that the lessee intends to sublease the building. That's where there is no provision as to whom they can sublease.We should clarify that. Furthermore,the lease understands and agrees that the lease shall be responsible for obtaining the payments from the sub lessee and forwarding the payments to the city. Alderman Colosimo wants to clean up that language to make it clear that Creative Kernels is still liable for that rent and they are not a collection agent.Alderman Colosimo wanted clarification that Creative Kernels will be responsible for the lease regardless of status of sub lessee and also our 5% sales refers to all sales from the city building. Pending clarification of lease Alderman Colosimo is in favor of moving forward with lease agreement. City Attorney Orr responded to Alderman Colosimo's comments and said changes will be clarified to include that sub lessee will be approved by Parks&Recreation Department and will be responsible for 5%of sales as well. Alderman Gilson commented that the language to include sub-leasee responsibility for 5%is important and would like to see an outline for how it will be collected. City Attorney Orr responded that the leasee is 100%responsible for rent. Alderman Gilson questioned section 30.4 of lease agreement and to the nature of improvements planned for building. City Administrator Olson stated that the building would need to be built out to habitable standards including plumbing and electrical. All improvements would be subject to city permit and approval. Alderman Gilson asked for clarification for the provision that the city be responsible for 50%of repairs to building. City Administrator Olson stated that if repair cost of city owned property is 50%or greater than replacement cost the city will fund replacement rather than repair and will account for it as normal end of useful lifespan as long as the cost is more than$500.00. Alderman Gilson raised concern for this provision. Alderman Colosimo commented that he believes city is not responsible for any of the lease holders improvements but only what was there prior to execution of the lease(ie hvac and water heater). City Administrator Olson agreed with Alderman Colosimo's interpretation and did not intend for the city to be responsible for lease holders capital improvements but only the assets in place at time of lease. Alderman Gilson believes the language in the lease is unclear. City Administrator Olson added that there could be a provision that multiple quotes would be necessary, including ones from the city, for any work to be performed and approved by the city. Alderman Gilson would like language in contract to be approved concerning repairs. City Administrator Olson stated that City Attorney Orr could add language to contract that includes city to take three bids on all repairs and this of course would be pending the approval of the council. Mayor Golinski asked if acceptance of contract was time sensitive. City Administrator Olson responded that it was in that leasee would need to start improvements asap. Alderman Spears inquired to length of the lease. City Administrator Olson clarified that it was a six year lease consisting of two years initially with two, two year lease extensions. Alderman Spears expressed concerns over sub-leasing language in contract. She shared a situation about a current Yorkville resident and their inability o collect money ue from their tenant for their water bill to Y Y I the city.They requested assistance from the city and though she explained it would be impossible for that to happen it raises too many questions involving sub-lease agreements and would prefer the sublet language be removed from contract. Even though Alderman Spears is excited about the addition of Creative Kernels to our area she believes it could complicate collection of monies due. Alderman Teeling stated she believes the language in the discussed amendment of the contract protects the city in that the lessor is responsible for all rent regardless of sub lessee component. i The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 8 of 12 Alderman Spears stated that because of various discussions we could be opening ourselves to possible litigation. Alderman Munns questioned general liability for leased property. City Attorney Orr stated that the leasee and sub-leasee is to maintain their own general liability insurance for the property. Alderman Munns asked if someone could still sue the city. City Attorney Orr stated whereas you cannot stop anyone from suing for any reason,the city would have to be found negligent for any capital improvement which is not how the city operates. Alderman Kot wanted to clarify if the business's would operate year round or seasonal. I City Administrator stated the rent would be year round but questioned operation. A Creative Kernel Representative responded that their business would be year round but their ice cream sub-leasee would be seasonal. Alderman Colosimo added that as long as the language confirming that the leasee is responsible for their as well as the subleasee's portion of 5%then he is in favor of the subleasing component in contract. Mayor Golinski asked if motion needed to be amended. City Attorney Orr suggested that the motion be amended to approve the lease as to be rewritten per recommendations stated in the record. Mayor Golinski asked if we need to rescind the previous motion? City Attorney Orr said the city council can rescind previous motion or adopt a new one or the city council can amend the motion. Whatever the council prefers. Mayor Golinski entertained a motion to amend the lease that is presented to the city council pursuant to the statements made of record so that motion needs a second and then we will vote on the main motion. i Alderman Colosimo made a motion to approve the lease to Creative Kernels with the amendments made in the discussion and seconded by Gilson. Amended Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye Main Motion approved by a roll call vote. Ayes-7 Present-1 Munns-aye, Spears-present,Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye Alderman Spears asked if she could get a copy of the fmale agreement. Ordinance 2011-17 Ordinance Approving and Amended Lease Agreement with Specialty Expedition,Inc. (dba Geneva Kayak Center) (301 E.Hydraulic Ave.) (CC 2011-40) Mayor Golinski entertained a motion to approve an ordinance Approving an Amended Lease Agreement with Specialty Expeditions doing business as Geneva Kayak Center and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo and seconded by Alderman Teeling. Mayor Golinski asked for questions or comments on this one. City Administrator Olson stated that this is an amendment to an existing lease allowing them to expand their footprint to accommodate the construction of a deck on the north and south side of the building that's at the east end of Riverfront park and expand area further east to accommodate some open rack reviews. Park board was in favor of this item. Motion approved by a roll call vote. Ayes-8 Nays-0 The Minutes of the Regular Meeting of the City Council -May 10,2011 -Page 9 of 12 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Park Naming Request—Marge Cline Whitewater Course (CC 2011-41) Mayor Golinski entertained a motion to name the dam and bypass and whitewater course the Marge Cline Whitewater Course. So moved by Alderman Munns and seconded by Alderman Milschewski. Mayor Golinski asked for comments or questions. Alderman Colosimo stated that in reviewing renaming request it is clear that Marge Cline was a trailblazer in the area of Whitewater Kayaking and more importantly safety and training.He knows that her daughter and the president of the Illinois paddling consort are present here tonight in support of this motion.Alderman Colosimo finds it fitting in the very site where the Fox River has taken numerous lives we will now have a park named in honor of somebody who dedicated her life to the safety and education in this sport.There will become a place where current and future generations will exchange information and ideas so that future tragedies can be averted.Miss Cline's contribution to the paddling community cannot fully be explained here tonight.Alderman Colosimo wishes to quote an e-mail he received from a supporter of Miss Cline. He stated that Marge Cline stood for safety and paddle sports. She was a tireless promoter of education and instruction and thus enabled hundreds if not thousands of paddlers to enjoy the sport.As true in all outdoor activities improving ones skills leads to better enjoyment. The White Water Course is a unique facility in the Midwest to carry out Marge Cline's lifelong mission of safety, education instruction.Thus there would be no better way to thank Marge Cline for her lifelong efforts. It is impossible to know how many lives Miss Cline saved with her dedication to education and safety. Alderman Colosimo believes that this tribute by our council would be a fitting acknowledgment to Miss Cline's lifelong commitment to this sport and he would encourage members of this council to vote in favor of this motion. i Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Future City Council Agendas—Park Board Report (CC 2011-42) Mayor Golinski asked City Administrator Olson if he has informational item on future city council agendas. City Administrator Olson stated that instead of Director of Parks and Recreation Report there will be a Park Board Report so it won't be coming from City Administrator Olson,it will be coming from the entire Park Board. FINANCE DIRECTOR'S REPORT No Report. CITY ENGINEER'S REPORT No Report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No Report. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble had a brief announcement. Blackberry Water Shed Committee will be meeting on May 18,2011 at the Batavia public library. The purpose is to update the Blackberry Creek watershed - plan that was adopted in 1999. That plan will be presented so far by what we have come up with. CMAP is doing the actual update to the plan via grant through the Illinois EPA. They will do a presentation at the May 24`h city council meeting of the proposed updates to improve that area for flooding purposes. Mayor Golinski stated that Lynn Dubajic,the executive director of the YEDC, will be sitting in on city council meetings to give a director's report to help facilitate communication between the city council and the YEDC. II The Minutes of the Regular Meeting of the City Council-May 10. 2011 -Page 10 of 12 I YEDC Director Dubajic wanted citizens to know that the new bakery located in our downtown area at the northwest comer of Van Emmon and Route 47 called the Sugar Shack will be opening at the end of May and she will be attending the International Council of Shopping Center's annual convention in Las Vegas from May 22 to May 25 and she has several meetings set up with national retailers so she won't be at the next city council meeting. i COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY&LIAISON REPORT Alderman Spears attended the Southwest Fox Valley Cable Telecommunications consortium.The city should be delighted for we are going to get a fourth quarter refund in the amount of$19,000. So money that is invested by the city is refunded. They put on several shows on cable and have been asked to do another community. Since they are shorthanded on staff it might take a while.They are talking about covering sports events, also. She believes that would be great for Yorkville. Alderman Gilson stated that he attended the Yorkville Bristol Sanitary District Meeting. The bill list was approved unanimously to receive final confirmation for the payment for rescheduled amount from the IEPA for the loan of their expansion project to the tune of$1,626,000. The dissolved oxygen project will begin either this week or the beginning of next week.The Yorkville Bristol Sanitary District was nominated but did not receive the award for their wastewater treatment facility. It is an honor just to be nominated. Champaign/Urbana received the award.The Fox River study update was discussed between Fox Metro and the YBSD for potential cost savings and the costs associated with the River Study. The tentative budget was approved and opened up for questions and answers for the 2012 budget. Alderman Gilson was able to attend the Kendall County Food Pantry Stand By Me Fundraiser.They raised over$40,000 just for Project Brown Bag.This project feeds children that don't get program money for lunches over the summer months. Though no total donation amount was given, all signs show donations exceeded expectations. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. I ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2011-10 Approving an Identity Protection Policy (ADM 2011-15) Alderman Spears made a motion to approve the Resolution Approving an Identity Protection Policy which was seconded by Alderman Funkhouser. Alderman Colosimo commented on the wording of visible social security numbers in mailings. Referring to page 1 paragraph 2 section A item 4,the last sentence that states"A Social Security number that may permissibly be mailed under this section may not be printed,in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope with the envelope having been opened."Alderman Colosimo believes it should read an envelope with the envelope having been unopened. Also on page 2 paragraph 7A he believes it should read... performing their duties shall be trained... also, he wants to know,who is going to provide that training? City Attorney Orr stated that we will review to make sure we are meeting the resolution that we are adopting. Alderman Colosimo stated that in Paragraph 7D at the end needs a shall be or a maybe added to the statement. li The Minutes of the Regular Meeting of the City Council-May 10,2011 -Page 11 of 12 Alderman Colosimo stated that in Paragraph 7E should be amended to read documents to be filed with city clerk and not city council. Mayor Golinski asked if these are mistakes in Winfield's ordinance or are they typos in copying their ordinance? Alderman Gilson believes phrasing in page 1 paragraph 2 section A item 4 is correct and offers explanation. Alderman Colosimo believes it could be interpreted differently by whoever is reading it. City Attorney Orr states that we agree that no social security number should be visible in any mailing. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye Ordinance Amending and Restating the Governing Ordinance (ADM 2011-14) City Attorney Orr stated that we should have a for purposes clarification motion to the table to know specific date we need to adopt. Mayor Golinski stated if anyone would like to make that motion. Alderman Spears made a motion regarding the amended governing ordinance to table it and please let it die. Seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye ADDITIONAL BUSINESS Mayor Golinski asked if there was any additional business? Alderman Spears questioned replacement of park equipment removed near the new white water bypass. City Administrator Olson commented that there is a long term plan to replace the park when funds become available. Mayor Golinski commented that meetings should be free flow of information and so as long as we are not talking over each other, feel free to speak without being recognized. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of discussion: So moved by Alderman Spears and seconded by Alderman Milschewski. • Litigation,when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent, in which case the basis for the fording shall be recorded and entered into the minutes of the closed meeting. • 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. • 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. So moved by seconded b I The Minutes of the Regular Meeting of the City Council-May 10, 2011 -Page 12 of 12 Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:53 p.m. The City Council returned to regular session at 12:01 a.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 12:02 a.m. Minutes submitted by: Beth Warren Beth Warren City Clerk City of Yorkville,Illinois I �I II REGULAR CITY COUNCIL MEETING May 10, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: M4A, � An I SIG II' REGULAR CITY COUNCIL MEETING May 10, 2011 PLEASE PRINT { NAME: SUBDIVISION OR BUSINESS: 0)c yo t y D 04, S NIN REGULAR CITY COUNCIL MEETING May 10, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: toz/,ckQ �, 6,-rie z �a G- a&/ � � U, 1.�o wo— 4 A RTN� �l� �l C H �'� P- C,) C l��c-,� P P-//h IT/v�S An ane, eAef,chR;a� cu vo TN 1 _r^ S1GNIN I REGULAR CITY COUNCIL MEETING Public Comment May 10, 2011 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: i i i SIGNIN I i Lisa Pickering Subject: FW: for tonight's City Council Meeting Importance: High From: Sigrid Pilgrim [mailto:sigpilgr @comcast.net] Sent: Tuesday, May 10, 2011 10:57 AM To: Bart Olson Subject: for tonight's City Council Meeting Importance: High Honorable Mayor,Members of the City Council, Unfortunately due to a work commitment,I cannot attend tonight's Council Meeting.Please allow me to go on record in support of your consideration to name the Yorkville Whitewater Course in honor of my long-time paddling friend and mentor,Marge Cline. I have previously detailed in the documents which have been forwarded to you why this facility should be named in honor of Marge. Therefore,please allow me to simply repeat the most important one: Marge Cline stood for safety in paddlesport,she was a tireless promoter of education and instruction and thus,enabled hundreds,if not thousands of paddlers to better enjoy the sport.As holds true in all other outdoor activities,improving ones skill leads to better enjoyment. The Yorkville Whitewater Course is a unique facility in the Midwest to carry out Marge Cline's lifelong mission of safety,education and instruction.Thus,there would be no better way to thank MARGE CLINE for her lifelong efforts. Your consideration of my request as a friend of Marge Cline is highly appreciated. Sincerely, Sigrid H.Pilgrim 2750 Bernard Place Evanston,IL 60201 Tel:+224-420-0949 Fax:+847-328-0359 sigpilgr(ucomcast.ne t I The information contained in this e-mail message may be legally privileged,confidential,or otherwise protected from disclosure.The information is intended only for the use of the individual to whom it is addressed.If you are not the intended recipient,you are hereby notified that any use,dissemination,distribution,or copying of this communication is prohibited.If you have received this mail in error,please immediately notify the sender by return e-mail and delete this e-mail,any attachments and all copies. 1